HomeMy WebLinkAboutOCTOBER 4,1988_2
30:0235
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
1
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Sept. 21,
19B8)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
CLOSED
SESSION
I
1.
PUBLIC
HEARING
Bldg. Code
Var.& Zoning
Code Mod.
88-007
(926 Ninth
Geo.Lucas)
(APPROVED)
. '9.J'\, {'JY
0\ ,,0-
'\ ~()~
M I NUT E S
,
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
OCTOBER 4, 1988
The City Council and the Arcadia Redevelopment Agency met in a regular
session at 7:30 p. m., October 4, 1988 in the Arcadia City Hall Council
Chamber.
Rev. Noel Taylor, Christian Center of Arcadia
Councilmember Mary Young
PRESENT:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
On MOTION by Councilmember Lojeski, seconded by Councilmember Chandler
and CARRIED, the Minutes of the Adjourned and Regular Meetings of September
21, 1988 were APPROVED. Mayor Harbicht noted that Councilmembers Gilb and
Young were not present at the September 21, 19BB meeting.
,-
It was MOVED by Councilmember Young, seconded by Councilmember Gilb and
CARKIED that Ordinances and Resolutions be read by title only and that the
reading in full be waived.
CITY ATTORNEY
The City Attorney announced that "at the conclusion of this evening's
regular meeting, the City Council and Arcadia Redevelopment Agency will
meet in a CLOSED SESSION pursuant to Government Code Section 54956.8 to
give instructions to the City's designated negotiator regarding the
potential acquisition of property known as the Vanderbur property at
162 - l64 E. Huntington Drive. Additionally, pursuant to Government
Code Section 54956.9(b) the City Council will meet in a CLOSED SESSION
to discuss an issue where, based upon advice from the City Attorney,
under existing facts and circumstances there is a significant exposure
to litigation against the City of Arcadia".
This public hearing is for consideration of requests filed by Mr. George
W. Lucas to construct a detached patio cover and gazebo at 926 Ninth Avenue.
Building Code Variances and Zoning Code Modifications requested are: (l)
Exposed wood construction in lieu of fire resistant mateials and methods
required by the Building Code for construction within 3'-0" of a property
line (8110); (2) 1'-0" rear setback in lieu of 3'-0" required by the Zoning
- Code for the support posts (9252.2.ll); (3) 1'-0" clearance~ from rear prop-
erty line in lieu of 2'-0" required by the Building Code and 2'-6" re-
quired by the Zoning Code for the eaves (8110 and 9283.8.3). The Planning
Department and Building Division recommended denial of MM 88-007.
10/4/88
-1-
IN FAVOR
IN
OPPOSITION
30:0236
Councilmember Harbicht inquired if there wou1d still be a problem if the
posts were made of something besides wood? Staff replied that the upper
part of the patio structure would be of wood which would still be within
the 3 ft. range and includes the horizontal roof bars. Such a structure
of metal would not be practical. This ordinance regarding fire resistant
materials is for the protection of structures on adjacent properties. The
properties on the east side of the wash technically extend all the way up
to this man's rear property line and the wash has been constructed in an
easement area that was obtained from the other property owners. Therefore,
this person's rear property line technically is 'the property line of the
person on the other side of the wash; in some areas the Flood Control
District owns the property; in other areas, like this, they only have ease-
ments and here, we believe, they have an easement, so he is technically
abutting other private property.
Mayor Harbicht declared the hearing open. I
George Lucas, applicant, 926 Ninth Avenue, stated, in part, that the Plann
and Building Depar~ment had already given him the permit to build the patio
and the gazebo over the H x H feet: existing above ground spa; 'the only
issue is the 1 ft. setback instead', of 3 ft. required by the Zoning Code.
He noted that he had presented a letter to the Council outlining reasons
why this modification should be approved. He presented an additional page
and some photographs to the Council. He also noted that other properties
in the vicinity also extend to the riding trail; there is very little
possibility of any type of development in that area because of the flood
control easements. One of the considerations of the Planning Department
was that the improvement be consistent with the surrounding developments.
He noted that in the area there were numerous spas, guest houses,lgarages,
patios, gazebos, pools, etc. He feels that his proposed improvement would
be consistent. Another consideration was the matter of preventing an un-
reasonable hardship. He noted, in his opinion, the denial would create a
hardship since he is planning his retirement and he would like to have this
area as a recreation area. He wishes to build a roof over the spa and if
he has to build it with a three ft. setback, it will not look right. The
last consideration is uniformity of development. He has not been able to
present alternatives as the Planning Department suggested. 'The R-l zone
requires a 3 ft. setback for accessory buildings which are not used for
living purposes .., such as this structure. There will be no buildings
~onstructed on the other side of the wall since this area will not be
developed; therefore, this is a unique situation; an exception could be
made. As for the fire resistant material requirements, he does not feel
that a match put to redwood or hardwood would cause it to burn; this doe,s
not appear to be an unacceptable risk. He does not feel there is any
reason to think that public safety would be jeopardized. He reiterated
that there is very little potential of the adjacent area ever being d,welol'-
ed. Mayor Harbicht requested some clarification of the photographs wldch
was given. Councilmember Young inquired if there were other strllcture~ iE
the yard; reply was there was also a guest house.
Staff mentioned that material was handed out consisting of a'letter from
Christine E. Foster at 1852 South Ninth Avenue together with a drawing.
Joseph Knueven, 931 South Tenth Avenue, stated, in part, that he was the I
owner of the property which backs up to Mr. Lucas' property. He feels the,
is a lot of confusion as to how it is laid out. He has property which Ls
440 feet deep; Flood Control took an easement and cemented the wash on his ,
property; put a hiking and riding trail along the .:ash. He still owns the
property from the riding and hiking trail to the ba;:k of Mr. Lucas' prop'-
erty line. Recently Mr. Lucas moved his f2nce back five feet; therefore
this matter of the three feet he is asking fa;: is of great concern because
his post could be on Mr. Knueven's property. .\0 attorney has been consulted;
Mr. Lucas does not want to survey his property. All the surrounding homes
lO/4/88
-2-
1
1
REBUTTAL
30:0237
are beautiful, most have shake roofs and there are a lot of trees, so he
puts a lot of importance on the fire retardant aspect of this proposed
project. He plans to keep nis property; he is not interested in selling;
he is consulting his attorn~y and his surveyor and wants Mr. Lucas to move
his fence back to his own property. He requests that this not go through
until such a survey can be accomplished. 25 - 30 feet between the ease-
11 .
ment of the hiking and riding trail on the west side of the wash is Mr.
Knueven's property. Mayor Harbicht indicated that what was before Council
this evening is whether or not to allow Mr. Lucas to construct this structure
within 1 foot of his property line wherever it happens to be, not within
1 foot of the wall; Council would not be saying he could build within one
foot of the wall; within one foot of the property line, which is to be
determined. Mr. Knueven inquired, in such a case, if the City requires an
accurate property line such as determined by a survey. Staff replied
ordinarily they would not; but in this situation, if approved, it probably
should be made a condition of approval. Mr. Knueven mentioned that every-
thing on his property was five feet from the property line and all structures
were consistent with the new fire regulations. '
George Lucas, 92& Ninth Avenue, stated, in part, in rebuttal, that he had
recently tried to buy part of the property from Mr. Knueven. All the prop-
erty behind him is not Mr. Knueven's; the line goes through the middle of
Mr. Lucas' property; half belongs to the neighbor. The purchase did not go
through. Mr. ~ucas had a wooden fence in place for 20 years; when the block
wall was built, Mr. Knueven stated it was on his property. The Edison Co.
which owns the easement gave Mr. Lucas permission to relocate the fence.
Mayor Harbicht noted that these two questions of the horse property and the
location of the fence are irrelevant to tonight's proceedings; that this is
private dispute between property owners. If Council grants the request, they
are not saying Mr. Lucas can put the gazebo where it is shown on the drawings,
they are saying he can put it wihin one foot of the property line, wherever
that is.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilmember Chandler, seconded by Councilmember Young and CARRIED.
Councilmember Chandler said he did not think it was a problem to grant
the variance to build within 1 foot of the property line, wherever it may
be; however, he did not think Council should grant a variance in light of
the property line dispute and when there are possible lawsuits pending.
The City Attorney stated that the condition suggested to be imposed by the
Director of Planning could solve that matter. Certification of the location
of the property line could be a requirement. Mayor Harbicht commented that,
looking at 'the purpose of this law which is to protect neighboring properties,
the fact is, it is extremely unlikely that there are going to ,be structures
on the adjacent property. This would seem to be an unusual situation; there
is a riding trail, wash and another riding trail all of which are very un-
likely to be built upon. Because of the unusual circumstan~es here, he
would be in favor of the further recommendation that, before the permit is
issued, a survey be required to establish exactly where the property line is.
If granted, he would like to see that as part of the motion. He is making
that a motion; Councilmember Young seconded. Councilmember Lojeski was
concerned about the issue of public safety which concerns the materials the
proposed structure would be built of. He also has concerns" about the set-
back. Councilmember Young agreed it would bother her except for the location
in this case. Councilmember Gilb referred to the letter from Christine
Foster referring to a decaying wood shake roof on Mr. Lucas' guest house
and junk has been left behind her house. Mayor Harbicht said property
maintenance,should check on this.
It waS MOVED by Mayor Harbicht, seconded by Councilmember Young and
CARRIED on roll call vote as follows that Council find that the requests
would secure an appropriate improvement, prevent unreasonable hardship,
and promote uniformity of development and MOVE for APPROVAL subject to the
condition that a survey be obtained to establish exactly where the property
line is located.
10/4/88
-3-
2.
PUBLIC
HEARING
REVISED
BUSNESS
LICENSE
FEE
SCHEDULE
(APPROVED)
(/,
, lOll:? c?
~. ~e-
ORDINANCE
NO. l896
(INTRODUCED)
30:0238
AYES:
NOES:
ABSENT:
Councilmembers Gilb, Young and Harbicht
Councilmembers Chandler and Lojeski
None
City Council at their meeting of September 6, 1988 directed staff to
prepare an ordinance incorporating a variety of changes including increas-
ing the business license fee structure, adding new license fee sections
and eliminating andlor combining certain business fee sections where
possible to reduce complexity. Generally, the fee increase incorporated
in this ordinance will place the City at approximately the mid-point of the
51 City survey of business license fees charged. The ordinance accomplshes
this direction by incorporating changes outlined in staff report dated
September 28, 1988. Background material on this report and recommendations
have been provided to the Chamber of Commerce, and the Board of Directors 0
the Chamber voted to support the recommendation. The President of the Arc a
Business Association also expressed his support for the recommendation. I
is recommended that Council hold a public hearing and introduce Ordinance
No. l896.
Mayor Harbicht declared the hearing open.
No one desiring to be heard, the hearing was CLOSED on MOTION by Council-
member Gilb, seconded by Councilmember Lojeski and CARRIED.
It was MOVED by Councilmember Gilb, seconded by Councilmember Chandler
and CARRIED on roll call vote following discussion that further reading
of Ordinance No. 1896, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, OF ARTICLE VI OF THE ARCADIA MUNICIPAL
CODE CONCERNING BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS, THE
BUSINESS LICENSE FEES APPLICABLE THERETO, AND RELATED MATTERS" be waived
and that said Ordinance be and it is hereby INTRODUCED.
Councilmember Lojeski commented that he felt this was a tax increase.
He does understand staff's recommendation; he does not perhaps understand
where the business people are coming from. He does not feel that Arcadia
needs to keep up with other cities in the area; as far as taxes are con-
cerned, he likes to see Arcadia at the low end of the scale; he likes to
see Arcadia encourage small businesses. This ordinance will double business
licenses for small businesses. He does not feel this is equitable; part-
icularly since now it will increase very year. He has conducted a small
survey of his own am has come to wonder why this area is not being policed.
In his own building, there are currently 44 persons doing business without
a license on file. That is one large building in the City and he is wondering
why these people do not have business licenses. With regard to flyers placed
on autos or in mailboxes, he checked ten of these and found eight doing
business without licenses. He noted another business with a 2 page advertise-
ment in the Clarke Directory also without a business license. This situation
bothers him and he feels that if the intent of this increase is to get fees
in line to where they should be to make this tax an equitable tax for all
the business people, then the City should go after some of the violators;
the honest businesses should not have to carry the load for the dishonest
ones. This should be fair and equitable.
Councilmember Young said she agreed almost 100%. She was also concerned I
about doubling the current fees without picking up all of the other busine s
without licenses. Councilmember Gilb inquired if she meant to do this bef
passing the ordinance. Councilmember Young replied we should see what the
City gets; perhaps the increase would not be necessary. Councilmember
Lojeski said looking for additional people probably would not clear a
deficit or sho,tfall or whatever the intent is. He thought 100% increase
was too much; he would be amenable to something less. He listed various
occupations which either were exempt from tbe license procedure or were not
followed up.
Mayor Harbicht commented that, in his opinion, there are two issues here:
one, that a business license fee should be collected from everyone who should
be paying it; but with regard to the question of the business license fees,
it has been 20 years since they were revised. The revision works out to 31%
per year increase for those 20 years which is probably below the CPl. This
is a modest increase and he supports it. The City should redouble efforts
10/4/88
-4-
3.
I~
3a.
SENIOR
CITIZENS'
COMSN
(Citro
Appt'd)
4.
I
30:0239
to collect from those who should be paying but have not been paying;
perhaps that is a separate issue.
MOTION is before Council.
AYES:
NOES:
Councilmembers Chandler, Gilb and Harbicht
Councilmembers Lojeski and Young (Councilmember Lojeski said he
thought they were related issues not separate issues.)
ABSENT:
None
BOARDS AND COMMISSIONS
At the September 1, 1988 meeting of the Senior Citizens' Commission,
Henrietta Loeffler (Arcadia Golden Age Club Representative) announced
her resignation. The Golden Age Club has recommended the appointment
of Alphonse Citro to the Senior Citizens' Commission to complete the un-
expired term of Henrietta Loeffler.
It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler
and CAlU1IED on roll call vote as follows that Alphonse Citro be appointed
as a Member of the Senior Citizens' Commission to fill an unexpired term
ending June 30, 1990. '
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chandler, Lojeski, Young and Harbicht
None
None
Councilmember Gilb
AUDIENCE PARTICIPATION
Jim Green, 750 South Golden West, Member of the Arcadia Beautiful
Comm~n, stated, in part, that he was present to request Council
not to adopt Ordinance No. l89l which would change the number of members
of the Arcadia Beautiful Commission from eleven members to seven member3.
He explained the reason for thia request is that the Commission needs the
larger number of members because most of their work and activities are
concentrated in a few months of the year when they are preparing for the
awarding of the Arcadia Beautiful awards. During that period they check
19,200 residences. A drop in the number of Members on the Commission
would mean a 40 percent rise in workload per person. Mr. Green felt it
would reduce the Commission's efficiency and the quality of the program.
Mr. Green also noted that at one time the Commission had 15 members. Mayor
Harbicht said that he felt an II Member Commission was cumbersome during
the months they were not working on the awards program and suggested that
perhaps volunteers could help during the other four months. Mr. Green also
reminded Council that the Commission had been instrumental in restoring the
fountain in the County Park; removing advertising from bus benches in the
City and the code 'enforcement program.
Herb Fletcher, 175 West Lemon, stated, in part, that since Arcadia is
currently going through many changes, it is time for ~veryone who lives
in Arcadia to take an 'interest in what is going on. He noted that he had
recently written a'letter to the Editor with regard to homeowner associations
which was published in the Arcadia Tribune; but he felt it would be better
if the citizens received their information from the City, itself. He felt
the City had a lack of communication with the community. He wondered, for
instance, what had happened with the extensive report prepared by the City
concerning the homeowner associations. Mayor Harbicht replied that the
guidelines discussed should have been in the possession of anyone passing
a petition for formation of a homeowner association. Mr. Fletcher felt
the City should do a better job of communicating. Councilmember Young
asked for suggestions. Mr. Fletcher said perhaps entire documentation,
such as the homeowner association guidelines, could be submitted to the
. , 1-
newspaper. Councilmember Lojeski noted that a full packet of information,
exclusive of closed session'material, was available prior to each Council
meeting at the Clerk's Office and at the Library. Also, the information
was given to the newspaper. The City is attempting to do the best job of
communicating that it can.
10/4/88
-5-
5.
6.
6a.
ROLL CALL
6b.
MINUTE
APPROVAL
(Sept. 21,
1988)
(APPROVED)
6c.
ADJOURNMENT
(Oct.ZO,
1988)
7.
8.
8a.
HEARING
SCHEDULED
(Nov. 1,
1988)
(T.A. 88-
003)
8b.
HEARING
SCHEDULED
(Oct. 20,
1988)
(Draft
EIR -
Rodeffer
Projects -
Lower
Azusa Rd.)
30:0240
Maureen Albrecht, 150 W. Floral Avenue, stated, in part, that she was
representing some of the homeowners on Floral Avenue. They were concerned
about the prospect'ive construction by Friedman Construction Co. of a home
at l46 W. Floral which would be a 3,000 sq. ft. "monstrosity". The plans
have not been submitted to the Building Department, but she obtained some
information from representatives of the utility companies. She noted the
lot is too small to accommodate such a large house. She inquired what the
homeowners can do about this situation. Mayor Harbicht replied that when
the plans are submitted to the Building Department in order to obtain a
building permit, such plans must conform to the laws of the City. If they
do not, variance application would have to be made at which time a public
hearing would be set with notices being sent to those legally required to I
receive notices. There would be time to come before the Council at a
scheduled public hearing when any individual could make their feelings kno
However, there would not be a public hearing if the proposed building con-
, .
forms to the laws. The City Manager noted that the homeowners could come
before the Council, should they find out that a building plan was submitted
which meets Code requirements, but the homeowners still feel is too big.
The homeowners can ,voice their opinions, but it is possible the Council
would not be able to legally deny it.
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Members Chandler, Gilb, Lojeski, Young and Harbicht
None
On MOTION by Member Lojeski, seconded by Member Chandler and' CARRIED,
the Minutes of the Meeting of September 21, 1988 were APPROVED. Mayor
Harbicht noted that Agency Members Gilb and Young were absent from the
September 21, 1988 meeting.
The meeting adjourned to 7:00 p. m., October 20, 1988.
CITY COUNCJL RECONVENFD
'CONSENT ITEMS
vi PUBLIC HEARING SCHEDULED FOR Nov. 1, 1988 for consideration of Text
Amendment 88-003 to amend "Exception 3" of Sections 9252.2.4, 9252.2.5,
9252.2.11.1 and 9252.2.ll.2 :of the R-l zone relating to encroachment of
fireplaces in the side yard setback and adding Sections 9250.3.13, 925l.2'1
and 9252.2.14 to R-M, R-O and R-l zones establishing a maximum floor area
to lot area ratio for ~ll buildings and structures on a lot.
vi PUBLIC HEARING SCHEDULED FOR Oct. 20, 1988 for consideration of the
Draft Environmental Impact Report for Rodeffer Projects, Lower Azusa
Road for proposed inert landfill (CUP 85-22); tentative parcel map (TPM 85-
16); and conditional use permit (85-23).
-6-
10/4/88
.
30:0241
8c.
REFUSE vi Consideration of refuse contract (as agenda item) on October 20, 1988.
CONTRACT
(Oct. 20,
1988)
8d.
FINAL MAP APPROVED Final Map No. 46427 for a proposed ll-unit residential
46427 condominium project at 325-333 Genoa Street (Robert Miner and Victor
(325-333 Jasniy, owners) provided that all outstanding conditions of approval
Genoa St.) as set forth in staff report dated May l6, 1988 shall be complied with
p : Sr"o. bd-I ~oc:ts to the satisfaction of the Director of Public Works.
Fin'" I'
8e.
THIRD APPROVED amendment to the contract between PERS and the City of Arcadia
TIER 1959 adding Third Tier 1959 Survivor Benefit Package and AUTHORIZED the execution
SURVIVOR of this Amendment to the contract.
BENEFIT in', p~RS
(PERS) II"
I
8f.
RECONST'N
SECOND AV.-
COLORADO PL.
TO BONITA ST.
(Job No.
631)
f \5 J-q
8g.
LIGHTING
MAINT.DIST.
ANNEXATION
NO. 15 0'1
f\l.\
ACCEPTED the work and AUTHORIZED payment to be made in accordance with the
terms of the contract with Industrial Asphalt Contracting Co. for reconstruc-
tion of Second Avenue from Colorado Blvd. to Bonita St. - Job No. 63l. The
project consisted of cold planing parts of the existing street surface,
construction of an asphaltic rubber stress absorbing membrane inter layer
and resurfacing with asphaltic concrete. The final contract amount of
$89,678.32 was funded from State Gas Tax Funds. 10% retention payment
becomes due and payable 35 days after the recordation of Council acceptance
and will be released by the Director of Public Works on completion of all
corrections of record.
AUTHORIZED the Director of Public Works to file an annexation report
consisting of plans and specifications, estimate of cost, diagram of
the District, showing the lands, including all zones thereof, to be
benefitted by the lighting improvement and to be assessed to pay the
expenses thereof. The report to be filed with the City Clerk prior to
the Council Meeting of October 20, 1988.
8h.
PERSONNEL oB APPROVED three classification specifications recommended by the
CLASS R\ ~ ,Personnel Board -- Assistant Pump Mechanic and Dispatcher Clerk (new
SPECS.I ~~ classifications) and Deputy Fire Marshall (revisions in specifications).
I
81.
LIEBERT,
CASSIDY &
FRIERSON
S.G.VALLEY
TRAINING
CONSORTIUM
P\'>.R.S u
\R', rJ1rJ'"
-{ r<f' \
APPROVED expenditure of funds in the amount of $1,395 (+3.7%) and agree-
ment for Arcadia's participation in the San Gabriel Valley Training
Consortium with Liebert, Cassidy and Frierson for Management/Supervisory
Training for 1988-89.'
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER
LOJESKI, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS
FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht "
None
None
8j. 'l,
SENIOR ~ \~\ Consideration of Architect's Agreement with the firm of Anthony & Langford
CITIZEN \ for architectural services for the preparation of plans for the Arcadia Senior
CTR. & Center & Recreation Department Offices. The Agreement provides for a basic
RECREATION fee of 7.15% of the construction costs, plus reimbursable expenses and a
DEPT. OFFICES standard rate for potential additional services. The City Attorney has
(Architect's advised as to the importance of keeping a form of professional liability
Agree't) insurance in place for at least two years from formal completion of actual
(APPROVED) performance. This is accomplished by the purchase of project policy insurance
10/4/88
-7-
n
9.
30:0242
which assures coverage for potential latent defects in the project design
or related claims that could arise after completion of the job that are
attributable to the architect's performance. Since this was not specifically
factored into the architect's proposal, he has requested that' the City cover
this cost. Councilmember Lojeski inquired if it were normal procedure that
the City be held responsible for such insurance. Staff replied it is not
necessarily normal; it is done. It is additional assurance that if some-
thing should happen due to errors on the part of the architect in the two
years after construction, the City is protected. Normally architect's
insurance on the site is in force only up to the point where the City takes
over. In this situation who pays for the insurance is negotiable because
it was not included in the RFP. The architect is carrying a considerable
amount of professional insurance and feels if the City wants this in addition,
the City should pay for it. The City Attorney noted that five years ago I
this was not typical; however since that time situations have arisen in-
dicating a major flaw after a project was completed and ~ajor liability
has occurred. It is now suggested to most cities to try to get this into
their agreemett to cover latent defects that may relate back to the archite .
Councilmember Lojeski inquired as to the terms of the payment of the premium.
Staff replied that the premium would cost $2,500 the first year; $2,000 the
second year and it is a guaranteed premium price. Councilmember Young said
it might be money well spent. Councilmember Gilb also said he thought the
City should take the insurance. '
Mayor Harbicht said he agrees the City needs the insurance; he does not
argue with the cost. He feels the question is who should pay for the
insurance it seems that the architect should pay the premium. How-
ever, he realizes that it is a negotiable item.
It was then MOVED by Councilmember Gilb, seconded by Councilmember Young
and CARRIED on roll call vote' as follows that the Architect's Agreement
with the firm of Anthony & Langford for architectural services for the
preparation of plans for the Arcadia Senior Center & Recreation Depart-
ment Offices be APPROVED: AUTHORIZE the Mayor to execute the Agreement
with performance to commence whmproof of insurance is approved by the City
Attorney and AUTHORIZE payment by the City for proposed policy insurance in
the amount of $4,500.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
Staff offered as an update, the information that the architect has
commenced work on the building and about two weeks ago the firm showed
rough sketches for site plan and preliminary floor plan. Staff thought
they looked outstanding.
CITY ATTORNEY
9a.
ORDINANCE The City Attorney presented, explained the content and read the ti~le of
NO. 1891 Ordinance No. l89l, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
(ADOPTEO) CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 1407 CHANGING THE
(3c:l1:"\v,1' MEMBERSHIP OF THE ARCADIA BEAUTIFUL COMMISSION FROM ELEVEN (11) TO SEVEN
Il. ,,-" (7) MEMBERS". '
po.; r' (.p 'f'{' r:,'?I
I
It was MOVED BY Councilmember
and CARRIED on roll call vote
it is hereby ADOPTED.
Gilb, seconded by Councilmember Chandler
as follows that Ordinance No. 1891 be and
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Young and Harbicht
Councilmember Lojeski
None
Mayor Harbicht remarked that perhaps some of the work of this Commission
could be accomplished by volunteers.
l0/4/88
-8-
9b.
ORDINANCE
NO. 1895
(ADOPTED)
,,~
.I'~I"
\~.
1
9c.
RESOLUTION
NO. 5448
(ADOPTED)
5 " So. fe.-ry
10.
11.
LOJESKI
(H.O.A,
Meetings)
LOJESKI
(Or arige
Grove
Ave.
Improv. )
1
YOUNG
LOJESKI
30:0243
The City Attorney presented, explained the content and read the title of
Ordinance No. 1895, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRA-
TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM".
It was MOVED by Councilmember Lojeski. seconded by Councilmember Young
and CARRIED on roll call vote as follows that Ordinance No. l89S be and
it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
The City Attorney presented, explained the content and read the title of
Resolution No. 5448, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DESIGNATING AN AUTHORIZED AGENT TO THE STATE
DISASTER ASSISTANCE PROGRAM".
It was MOVED by Mayor Harbicht, seconded by Councilmember Young and CARRIED
on roll call vote as follows that Resolution No. 5448 be and it is hereby
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
MATTERS FROM STAFF
None
MATTERS FROM ELECTED OFFICIALS
Inquired about the memo relating to the use of the Chamber for meetings
of homeowner associations. Staff replied that permission had been granted
to an association on a one-time basis. Councilmember Lojeski said he
thought the memo was self-explanatory and it was his opinion that there
wema number of places other than the Chamber where these associations
could hold their meetings. Idealistically, they should be held in the
neighborhood. Perhaps members of the committee could host the meetings
or the School Distritt could be contacted for the use of a school facility.
There are many activities already scheduled for the Chamber. Council-
memer Gilb agreed. Mayor Harbicht noted that it was the consensus of
Council that as a policy matter permission would not be routinely granted,
but the City Manager would have the authority to grant permission for
special or emergency circumstances.
Referred to a memo from the Director of Public Works regarding the
proposed improvement of, Orange Grove Avenue and he wondered if anything
has taken place in this regard with the City of Sierra Madre. Staff
replied it was doubtful since Sierra Madre had just been informed, also.
It was suggested that Council authorize the Mayor, maybe one other Council-
member, the Director of Public Works and the City Manager to meet with
counterparts in Sierra Madre to try to get something going at least on
one phase. The discussion has to hinge on four alternatives available.
Mayor Harbicht noted that he and Councilmember Gilb, the Director of Public
Works and the City Manager had already had a meeting 3 - 4 months ago with
the County and suggested that the matter be pursued with representatives
of Sierra Madre.
She had also attended earlier meetings. She felt one problem would be the
stretch between Baldwin and Michilinda where Sierra Madre will have to
remove a lot of trees. Staff noted that perhaps the most dangerous area
and the one to start with would be from Baldwin to Rodeo.
Suggested a serious discussion be entered into with Sierra Madre.
10/4/88
-9-
LOJESKI
(Falzonel
Arc. Van
Ln.Pk'g)
LOJESKI
LOJESKI
(Pasa.AIDS
Ord.)
LOJESKI
(SE corner
SA & Htg)
YOUNG
(Bulgaria
Plaque
to City)
HARBICHT
YOUNG
YOUNG
(Allen)
GILB
(Rowan)
30:0244
Referred to Item 5 of the Newsletter - a letter to Mr. Falzone and the
matter of the Arcadia Van Lines trucks. Staff replied Mr. Falzone had
been contacted; he had given the Van Lines permission to park on his
property; henceforth they will park in the back of the property and the
non-van lines truck has been removed.
Called attention to an Army personnel carrier without license plates
which had been observed parked on various City streets. He would like
the Police Department to check on this.
Referred to Ordinance No. 6276 from Pasadena. He inquired of staff if
this was something Council needs to address. Staff responded that it
probably did not need to be addressed. After reviewing it, staff had
questions about enforcement procedure that Pasadena would be using. It
is unclear if there are criminal provisions involved or merely set up to I
allow for easier civil action. Perhaps we should just wait to see what
happens in Pasadena. Mayor Harbicht noted that he had no interest in
passing such an ordinance in Arcadia. The City Attorney interjected that
he had spoken with the Pasadena City Attorney. He did not get any back-
ground, but was told that the ordinance was a' carbon copy from West Hollywood.
Said he was amazed and concerned about a series of events outlined in
the letter they had all received from Mr. Nickerson and Mr. Ron Ferris
regarding the Turiace - Palladino property at Santa Anita and Huntington
Drive. His concern is with a possible comment regarding eminent domain
proceedings and such things. He wishes to go on record that he never
discussed that property; it was never discussed; eminent domain was
never discussed. He has been on Council when there have ,been questfons of
conflict of interest and he inquired of the City Attorney if there was any
liability involved. The City Attorney replied there was not.
Presented a plaque which she received on September 19 in Sofia, Bulgaria
where they had an exchange of greetings with their Sister City Commission
and the President of their Commission of Social Service. Their Mayor was
in Korea at the time trying to get the winter Olympics for Sofia. The
plaque has saying on it: EVER GROWING; NEVER AGING. She presented the
plaque to the City.
Explained for the audience that Councilmembers Gilb and Young had just
returned from a trip to Eastern Europe where they had met with officials
of some of the cities there carrying messages of friendship from our City.
Passed to the Councilmembers pictures taken that day from above the City
of Sofia. They also had an exchange of greetings from the officials of
Sarajevo, Yugoslavia. The Deputy Lord Mayor met with the group. The
group left a plaque with the Deputy Lord Mayor.
Adjourned this evening's meeting in memory of Lark Allen (Mrs. Robert Allen).
She did not live in Arcadia, but for many years has been ,very active in
activities around town and was a President of the Arcadia Assistance League
in the past and, most recently, was President of the National Assistance
League. She was a native of California; grew up in South Pasadena; graduated
from the University of Oregon. She has also served as President of the SOl
Pasadena Woman's Club and the San Marino PTA. The Allene lived in Bradbur
Services were held on September 19. Mrs. Allen is survived by her husband,
Robert; a son, Howard; and a daughter, Carolyn.
Adjourned this evening's meeting for Louis Rowan. He was a resident of
Pasadena; he was the co-founder of the Oak Tree Racing Association and,
obviously, was very instrumental in many things that happen in the City of
Arcadia. He passed away while he was playing tennis the day after his 77th
birthday. He was very, very involved in horse racing and the breeding of
horses; also very instrumental in the Winner's Foundation which is an
organization helping horsemen with alcohol and drug abuse problems. He
was very involved with the Bishop Gooden Home down town snd, even though
he was not a resident of Arcadia, he certainly should be remembered by
this Council.
10/4/88
-10-
GILB
(Merritt)
1
GILB
12.
ADJOURNMENT
(Oct. 20,
1988)
ATTEST:
30:0245
Adjourned this evening's meeting in memory of long time friend, Jim,
Merritt. Jim passed away on September 19 at the age of 54 just going
on 55. Councilmember Gilb talked to him 3 - 5 times a day for the last
five years, no matter where he was. It is very difficult to believe that
he has left us. He was a great member of our ~onm\unity. He graduate~
from Monrovia - Arcadia - Duarte High School. He was born in Buffalo.
He was a great hockey fan; he used to call and talk hockey with Council-
member Gilb's daughter. He was very involved with the football team in
Arcsdia and Monrovia and they had just honored the team this year at the
homecoming; they were the State champions. Jim's wife, Gretchin, passed
away four years ago. They lived on Highland Oaks Drive. Jim Merritt was
one of the real supporters of everything that was good for this community;
he supported everything th~you could think of and anybody that needed any
help -- Jim was always there to give it to them. He is survived by his
daughter, Dana, who was Student Body President one year; and Stacie, who
goes to school in Boston. .His mother still lives in Monrovia with his
sister. The service was held in Arcadia and Councilmember Gilb appreciates
Council waiting until his return to do this.
Thanked all the people in the community who sent him cards after his
mother's passing last week.
City Council adjourned at 9:l5 p. m. to a CLOSED SESSION, reconvened and
adjourned at 9:45 p. m. to 7:00 p. m., October 20, 1988 in the Chamber
Conference Room to conduct the business of the Council and Agency and any"
CLOSED SESSION, if any, necessary to discuss personnel, litigation and
evaluation of properties.
/L~~/
R. C. Harbicht, Mayor
\
I
10/4/88
-11-