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HomeMy WebLinkAboutFEBRUARY 21,1989_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 31:0037 t"""" PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Feb. 7, 1989) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION DIAL-A-RIDE EMPLOYEES I ola3 y \ MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 21, 1989 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:30 p. m. February 21, 1989 in the Arcadia City Hall Council Chamber. Rabbi David Barnett, Temple Shaarei Tikvah City Clerk June D. Alford PRESENT: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None On MOTION by Councilmember Chandler, seconded by Councilmember Young and CARRIED, the Minutes of the Adjourned and Regular Meetings of February 7, 1989 were APPROVED. It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY The City Attorney announced that "the Arcadia Redevelopment Agency and the Arcadia City Council met this evening pursuant to Government Code Section 54956.8 to give instruction to the City',s negotiator regarding negotiation and potential acquisition of property at the southwest corner of Huntington Drive and Second Avenue, owned by Sam Falzone". PRESENTATION A presentation was made by Mayor Harbicht on behalf of the City Council to the drivers and other employees of the Arcadia Dial-A-Ride. This commendation was recommended by the Members of the Senior Citizens' Commission. Mayor Harbicht introduced four members of the Commission present: Dale Allen, Esther Barnes, Julie Hopf, and William Dillon. Mayor Harbicht noted that the drivers of the Dial-A-Ride vehicles are trained to aid the handicapped and senior citizens. The following persons were presented with Certificates of Commendation in recognition of outstanding service to the community: OFFICE PERSONNEL Bonnie Rolfes Terry Crouch DISPATCH PERSONNEL Cira Jason Tom Wollnik Mickey Jackson DRIVERS Eddie Walling Betty Bram Tammi Dunmars Jean Arcadia Duncan McCracken Larry Richuard Jim Miller Frederick Damon Rudy Bides Steve Stansbury Eleanor Hannaford Tom Ellett Tim Alvidrez Ted Earnshaw Nisa Bhimani 2/21/89 -1- l. PUBLIC HEARING (Weed Abatement) (APPROVED) \" }/ f\~d- 2. PUBLIC HEARING ANOAKIA SCHOOL (Temporary Buildings Time Ext'n) (APPROVED) IN FAVOR c. ~ ,i"rJ C. {I' ~!\ ~\l.O"^ (/J\J~ &' '6\..-D 31:0038 PERSONNEL UNABLE TO ATTEND Carl Dalmore Victor Nelson Robert Dutch Pam Morgan. Barbara Block Jane Wiese Paul Perez Mary Young Glenn Laughner Milton Bloom Chris Haddow Steve Morrison Thor Fort Danny Paul Robert Kilanowski Linda Nelson Dennis Lee Paul Parkhurst Also on behalf of the City Council, Mayor Harbicht presented to Mr. Gerald Walker, President of San Gabriel Transit, a plaque in recognition of excellent transportation service to the City by Dial-A-Ride.. I Consideration of objections to the proposed abatement of weeds, refuse and other material from certain properties as li3ted on declaration list received by Council February 7, 1989. As required by the Government Code, the County Agricultural Commissioner has mailed the appropriate notice to all property owners invol':ed. A representative of the County Agricul- tural Commissioner was present to answer questions, if any. Mayor Harbicht declared the hearing open. No one desiring to. be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Gilb and CARRIED. It was then MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRIED on roll call vote as follows that the County Agricul- tural Commissioner be DIRECTED to abate the nuisance by having the weeds, rubbish and refuse removed. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None On August 16, 1988, the' City Council approved a building code variance, with conditions, for the school's use of temporary buildings for class- room purposes. The building code variance will expire August 16, 1989. The Planning Department recommends approval of a one-, time extension to August 16, 1990 subject to the conditions listed in staff report dated February 21, 1989. Councilmember Lojeski inquired about condition #2, regarding the fire sprinkler systems - if this was for a certain period of time. Reply, no. Mayor Harbicht declared the hearing open. Chris Vance, 417 South Second Avenue, stated that he has tried to keep abreas~this particular situation and wanted to thank Council for handling it the way they have. Dave Pinkerton, representing McCaslin Properties, 701 West Foothill Blvd., stated that he had read the staff report and revised staff report dated February 15, 1989 and they are in agreement with the report. I No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED. It was then MOVED by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that the request of Anoakia School for a one-year extension (to August 16, 1990) for a building code variance to permit the use of temporary buildings at 701 West Foothill Blvd. be APPROVED, subject to the two conditions outlined in staff report dated February 21, 1989. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None 2/21/89 -2- 3. PUBLIC HEARING (T.P.M. 89-01 - 1000 S. Fourth Av.) (APPEAL DENIED) I p;1'Pf'\ IN FAVOR OPPOSITION I 31:0039 On January 21, 1989 the Planning Commission approved Tentative Parcel Map 89-01 to create three lots from one lot at 1000 South Fourth Avenue and to realign the lot line at 411 Scott Place. It was the consensus of the Commissioners voting in favor of this parcel map that the proposed map completes the existing single-sided sul-de-sac (Scott Place) with lots which are similar in design and configuration to the existing lots', on the south side of Scott Place and that the lot dimension deficiencies were minor. On February 2, 1989 Mr. Harold Ellis appealed the Planning Commission's decision stating that "this approval constitutes the granting of special privileges without appropriate procedures as outlined in Govern- ment Code Section 65906 and Arcadia Municipal Code Sections 9291.1 through 9291.2.2". These sections which were cited by Mr. Ellis refer to zoning ordinance variance procedures and are not applicable to actions under the City's Subdivision Ordinance Sections 9111.1 through 9141.4. A Negative Declaration has been prepared for this project. In response to an inquiry from Councilmember Gilb, staff explained that the revised plan shows the lot configurations as approved by the Planning Commission. Originally, the applicant had the corner lot at 85' and the next lot was smaller and the Commission felt that it would be better to have a slightly more narrow lot and still provide for more equal size lots than making the corner lot 85' wide. Basically, they took 5' out of Lot #2 and added it to Lot ftl. Mayor Harbicht declared the hearing open. Harold Ellis, 1504 South Eighth Avenue, referred to his letter of February 21, 198~the City Council entitled, "Appeal of Planning Commission Approval of TPM 89-01", which by reference is incorporated in the official record and maintained along with the tape recording; staff report and other material in the file of this public hearing proceeding. Chris Vance, 417 South Second Avenue, objected to the methods employed by the real estate company to obtain properties on Fourth Avenue for this development. The developer of the Fourth Avenue project he noted has been "demolishing buildings after the 7:00 p. m. cut-off time on Saturdays and all day Sundays". Council, he stated in part, should be aware of this situation. Eileen Stephen, 1000 South Fourth Avenue, called Council's attention to the package of materials she prasented to them this evening before this meeting was called to order. She asked that they read it attentively. Mrs. Stephen stated that she is "not for or against the appeal, maybe, but would like to end corruption in Arcadia". Chris Bade, 909 South Santa Anita, developer of the Fourth Avenue project, stated, in part, that in June of 1986 Council approved the one-sided cul-de- sac at Scott Place and Fourth Avenue. His company made a commitment to the City Council at that time that they would attempt to purchase the property to the north of the cul-de-sac and complete the street. This property is now in escrow. Mr. Bade further explained the technical aspects of the property to be developed as in harmony and in compliance with the existing homes on the Scott Place one-sided cul-de-sac. He stated, in part, that his company is in agreement with all the conditions of approval stated in the staff report; the three new homes on the north side of Scott Place would be an improvement and will eliminate the current one-sided cul-de- sac; and many of the neighbors are in favor of this subdivision. In response to Council's question in connection with work performed on projects on Sundays and at night, Mr. Bade replied "no", he did not think this was true. There being no rebuttal by the appellant, Councilmember Chandler MOVED to close the public hearing, seconded by Councilmember Young and CARRIED. In the brief ensuing discussion, Mayor Harbicht commented, in part, that he has read all the material submitted and it is important for all to understand that Council is considering a land use decision and virtually all of the material submitted by Mrs. Stephen is .irrelevant to the land use decision. If there is some problem with title to the property or ownership... 2/21/89 -3- 4. 31:0040 that really does not impact on the decision of how that land is to be used and is something to be settled in a court of law... not before the Arcadia City Council. The situation is that the City has a one-sided cul-de-sac and the intention from the very start was that some day the second side would be developed and make the cul-de-sac into a nice street. In most cases the lots under consideration are about 30% larger than the minimum lot size required ... they will be nice size lots. And with the exception of some very minor modifications, this is a very desirable development of the land. He will vote to deny the appeal and uphold the findings of the Planning Commission. Thereupon Mayor Harbicht MOVED to DENY the APPEAL, thereby APPROVING the project with findings: .A.l] The project together with the provision for I its design and improvement is consistent with the Arcadia General Plan. A.2] Approve and file the Negative Declaration and find that the project will not have a significant effect on the environment. And, A.3] Approve the proposed project subject to the conditions of approval set forth in the staff report and modified by the Planning Commission, and direct staff, to prepare a resolution reflecting the decision and findings. Seconded by Councilmember Chandler and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None AUDIENCE PARTICIPATION j Edwin Moosian, 901 Briarwood, stated, in part, that he was, present to speak to Arcadia Municipal Code Section 6220.1, Advertising and Distribu- tion. He is a business operator in the City of Monrovia and distributes leaflets in different cities in the area. The fees for the license to distribute are substantially higher in the City of Arcadia; he thinks it was recently increased from $50 to $100 daily. Neighboring cities' prices range from $120 to $200 per year. He feels this is the only feasible type of advertising for a company and he thinks the license fee is unjust. In reply to a question from Mayor Harbicht, Mr. Moosian said his business was a pizzeria and that leaflets were placed on resi- dence doors. Councilmember Gilb noted that hanger leaflets were not allowed. The City Attorney suggested that a staff report be prepared as to the cost structure and whether or not hanger leaflets are allowed. Councilmember Young noted that she has had many calls from residents who object to the hanger type leaflets left on doors because it calls attention to the fact that no one is at home. Mayor Harbicht noted there would be a report available at the next Council Meeting. Herb Fletcher, 175 West Lemon, noted that they get a lot of advertising brought to the door. Also, he stated, in part, that for many years we have ignored the fact that many items in use in society are toxic. We have suddently come to this realization and have tried to make laws to cover every problem in this area; now everything that is slightly un- pleasant is put under the category of "toxic". He had recently noted in I the Arcadia Tribune that Arcadia had spent $855,000 to scrape two feet off a lot which was a former construction lot and he is very concerned. He felt the residents were entitled to an explanation of how this $855,000 was spent, and what was done to try to not have to spend so much money. He questioned that the material removed was really toxic. He had checked withN~Way Industries which is a company in the trash business and inquired if the City had made inquiries with them --- Arcadia had not. Could the City have performed this job on its own? Perhaps it could have been hauled to Mexico. Councilmember Gilb noted that toxic material could not be hauled out of the state. Mayor Harbicht noted that experts in the field had been consulted before the decision for the remova!.. Also, it is not possible to discuss this matter at this meeting because of on-going litigation involving that area. ~ Edwin Moosian, 901 Briarwood, inquired when he could return for further discussion of the matter of the license fee. The Mayor replied, at the next Council meeting. J 2/21/89 -4- 5. 6. 6a. ROLL CALL I 6b. MINUTE APPROVAL (Feb. 7, 1989) (APPROVED) 31:0041 CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chandler, Gilb, Lojeski, Young and Harbicht None On MOTION by Member Gilb, seconded by Chairman Harbicht, the Minutes of the meeting of February 7, 1989 were APPROVED. 6c. CERT. OF The Agency has received a request from Brooke and Mack (Souplantation COMPLETION Restaurant) that the Agency issue a Certificate of Completion (Attachment ~ouplant~tion #3 to staff report dated February 16, 1989) as required in the Disposition 301 E.Htg.) and Development Agreement. City staff (Public Works, Building, Planning (APPROVED) '1 and Economic Development Departments) has determined that all construction ~f and DDA required activities have been completed. 'd-c{l f' It was then MOVED by Member Lojeski, seconded by Member Gilb and CARRIED on roll call vote as follows that the Agency declare that all terms and conditions of the development of the Brooke and Mack (Souplantation Restaurant) Parcel (Parcel 4) pursuant to the January 5, 1988 DDA have been met, construction completed and DIRECT the Agency Chairman to execute a Certificate of Completion in substantially the form as shown in Attach- ment #1 to staff report dated February 16, 1989. AYES: NOES: ABSENT: Agency Members Chandler, Gilb, Lojeski, Young and Harbicht None None 6d. ADJOURNMENT The Meeting adjourned to 6:45 p. m., March 7, 1989. 7. CITY COUNCIL RECONVENED 8. CONSENT ITEMS 8a. HEARING SCHEDULED (Height Limit - R-O & R-l) (Mar. 7,1989) 8b. A;P~,JfS BUSINESS~V APPROVED reduction of business license fee from $60 to $5 per amusement LIC. FEE ride for the Arcadia PTA Community Fair, March 10, 11 and 12, 1989. REDUCTION Kemsley Shows will be proiding the 12 rides and are required to provide (PTA the Certificate of Insurance to the City. Community Carnival) I PUBLIC HEARING SCHEDULED FOR MARCH 7, 1989 to two (2) story limit for residences in the R-O inadvertently deleted when Ordinance No. 1881 adopted on April 5, 1988. consider reinserting the and R-l zones. This was was drafted and which was 8c. ,t3S WORK f\ ACCEPTED work and AUTHORIZED final payment pursuant to the terms of ACCEPTED the contract with United Pacific Corporation for the trimming of 729 (Tree.Maint. trees at various locations. The final contract in the amount of $63,542.00 Program - was funded in the 1988-1989 Public Works Department operating budget. Job No. 645) 8d. WE TIP Membership (1989-90) NPR APPROVED payment of 1989-90 membership fee to WE TIP in the amount of $1,900.00. Funds available from the General Fund unappropriated fund balance. 2/21/89 -5- 31:0042 8e. TOWING FEES Withdrawn from Consent Items Calendar and considered separately. (G & S Towing) 'b 8e. '\ CITY TOWING r. ,\J CONTRACT ( (G & S Towing - Rate Increase) (APPROVED) / RESOLUTION NO. 5467 (ADOPTED) 9. I 9a. ORDINANCE NO. 1903 (INTRODUCED) r: 9b. CLAIM OF S. L. BERG (DENIED) THE ABOVE CONSENT ITEMS, WITH THE EXCEPTION OF ITEM 8e,WERE APPROVED ON MOTION BY COUNCILMEMBER CHANDLER, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None G & S Towing which does the City's towing and impound service has requested an increase in their rates consistent with those charged by the California Highway Patrol. G & S Towing rates have not been raised for three years and are 15.9% below the average of the cities in the San Gabriel Valley. Staff recommends that Council approve Resolution No. 5467, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING AND AUTHORIZING A RATE CHANGE FOR G & STOWING (CITY CONTRACT FOR POLICE TOWING)". I It was MOVED by Councilmember Young, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5467 be and it is hereby ADOPTED. Mayor Harbicht noted from reviewing the list of average rates charged by surrounding cities, the average was raised very much by the City of Claremont, which charges an unusually high rate. There has been a 12% increase in the Consumer Price Index; perhaps the towing fee should go up by that same amount; storage fees perhaps should be higher because land is expensive in Arcadia; however, the land in this instance is owned by the City and rented to G & S at a rather low rate. He would prefer to have the rate adjusted by 12% rather than the 17% and 18% increases pro- posed. Councilmember Gilb thought the proposed rates were fair; these people know what it costs to operate regardless of the CPl. Also, in Claremont they haul the cars a further distance; probably causing the higher rate. He will stay with the motion. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Young Mayor Harbicht (for reasons noted above) None CITY ATTORNEY The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1903, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING SECTION 2332 TO THE ARCADIA MUNCIPAL CODE ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHER". I It was MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1903 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None Claim of S. L. Berg ~: 9c. CLAIM OF Claim of B. K. Johnson B. K. JOHNSON (DENIED) -6- 2/21/89 31:0043 9d. f' CLAIM OF R. KRAUSE (DENIED) Claim of R. Krause f ge. CLAIM OF E. REIMAN (DENIED) Claim of E. Reiman 9f. f: CLAIM OF Claim of M. A. Russo M. A. RUSSO I (DENIED) 9g. (;CLAIM OF Claim of G. Schram G. SCHRAM (DENIED) 9h. f~ CLAIM OF Claim of R. H. Stephenson R. H. STEPHENSON (DENIED) On recommendation of the City Attorney, all of the above claims were DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None 10. MATTERS FROM STAFF None 11. MATTERS FROM ELECTED OFFICIALS None 12. ADJOURNMENT (Mar.7,1989 6:45 p.m.) At 8:30 p. m. Council ADJOURNED to 6:45 p. m., March 7, 1989 in the Council Chamber Conference Room to conduct the business of the Council and Agency and CLOSED SESSION, if any, to discuss personnel, litigation and evaluation of properties. I /--c~ Robert C. Harbicht, Mayor ATTEST: ~i~~'f' 2/21/89 -7-