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HomeMy WebLinkAboutAUGUST 15,1989_2 31:0168 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Aug. 1, 1989) (APPROVED) ORD, & RES. READ BY TITLE ONLY CLOSED SESSION 1. APPEAL FEE REFUND (927 Victoria Dr. - Hung) (APPROVED) I ,\\O~ G1tJ ~\f r?,.',\\\O ,,,. MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING August 15, 1989 The.City Council and the Arcadia Redevelopment Agency met in a regular session at 7:40 p. m., August 15, 1989 in the Arcadia City Hall Council Chamber, Father Patrick Daly, Holy Angels Catholic Church Fire Chief Gerald Gardner PRESENT: ABSENT: Councilmembers Gilb, Harbicht, None Lojeski, Young and Chandler On MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Regular Meeting of August 1, 1989 were APPROVED as amended; that Councilmember Lojeski's absence be excused. Councilmembers Lojeski and Young ABSTAINED since they were not present at the August 1, 1989 meeting. It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht 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 City Council met in a CLOSED SESSION pursua~t to Government Code Section 54956.8 to give instructions to the City's negotiator , regarding potential acquisition of property in the area of Second Avenue and Wheeler, the NW and SW corner area". BOARDS & COMMISSIONS The Planning Commission at its August 8, 1989 meeting voted 4 to 1 to reverse the decision of the Santa Anita Village Architectural Board's conditional approval of a 6'0" high redwood fence at 927 Victoria D~ive and recommend to the City Council that the appeal fee of $242 be refunded to the applicants, Mr. and Mrs. Hung. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Council DIRECT staff to refund Mr. and Mrs. Hung's appeal fee of $242, AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None Councilmember Harbicht noted that this was a good example of the fact that the City Council has to operate strictly within the law, And certainly the homeowners' associations do not have more power than the City Council, which means they, too, have to operate within the law and conform to the City Code. 8/15/89 -1- 31:0169 ~....\ .'"' 2. AUDIENCE PARTICIPATION I:' Barbara Yank, President, Arcadia Business Association, 23 E. Huntington Drive, stated, in part, that she was present to comment on behalf of the Association on Item 7b on tonight's agenda regarding security bars. In looking into the matter, discussion has been had with some insurance companies and it was found that, in some businesses, there are differences in insurance rates if security bars were to be removed. Also, some of the buildings have security bars that were added when the building was constructed and are set into the concrete. Also, the theft issue is to be considered ... removing all the security bars leaves the City open to crime. The Association is in favor of leav- ing the bars on the back windows and,supports the revision pending for the security devices. I " . Herb Fletcher, 175 W. Lemon, stated, in part, that earlier in the year he had come before 'Council with questions about the acquisition of the . Bong property in the Redevelopment Area. At that time Council had been unable to respond because litigation was involved. He inquired what the legal fees and testing costs were. The City Attorney replied he was entitled to whatever is public information; the records are available if Mr. Fletcher could come to his office .,. he did not immediately have the figures at hand. Using his figures, Mr. Fletcher stated that the Agency paid $1.8 million for 1.6 acres; eminent domain forced the Agency to buy the material left in the property at the new price value of $700,000; the Agency expended $855,000 on removing soil... as near as he can figure, this comes to about $2,860,000 that the Agency has invested. What did the Agency sell this property for? Staff replied that when the parcels were sold, they were re-subdivided, the selling' price was $11.50/sq. ft. times the square foot of the Bong parcel. Councilmember Gilb noted that the Agency had received about $75,000 or $80,000 for the junk on the Bong property; but had had to pay about $ 700,000 for it because it had to be bought on a replacement basis. Mr. Fletcher further noted that per the Arcadia Newsletter, the Redevelop- ment items and City items were in the same budget. It seemed to him, that there was more Redevelopment expenditure than income and inquired where matters stood in this regard. The City Manager replied that these figures were not immediately at hand; if Mr. Fletcher would call City Hall prior to the meeting and give advance notice of these specific questions, staff would be glad to comply. Mr. Fletcher felt it important that the community know the answers to these ,questions. .'Mayor Chandler replied that events pertaining to the Redevelopment area had been published in the local newspaper as they occurred. The newspaper is not at a loss for information as to what is going on there. He and other members of the Council are sorry that their hands are tied in situations such as the Bong property; there are strict and stringent environme~tal laws and procedures that must be carefully followed, These procedures have cost a great deal of money. The Agency was not prepared to let a big and serious problem such as 'this stop the p~ogram., It was a difficult situation; Agency is not trying to hide the fact or hide the numbers. Councilmember Harbicht noted that the figures are available and have been available in the past to the public and to the I newspapers, and curther, that no City money is going into Redevelopment; , the Redevelopment Agency is self sustaining ... it, is a separate Corpora . tion. Robert Willson, 1535 Loganrita Avenue, stated, in part, that he is a businessman in Arcadia and is involved in the Redevelopment area North of Second Avenue on Huntington Drive ... he read about it in the news- paper. He is concerned about what is going on and would like to have a commitment; he has no idea what will be offered for the land and/or property; when he may have to move, etc. He has an opportunity to purchase another piece of property on Santa Clara, but needs to have some specific information as to when Redevelopment is to get under way. Many rumors are going around. Councilmember Harbicht noted that the Agency does not deal in rumors. The reason Mr. Willson does not know how much he will get for the property or when he will have to move is because the Agency doesn't know. The Agency is working toward that and will: keep Mr. Willson informed. These mat te:rs are not. worked out Clandestinely; they are done in open meetings such as the one tonight. 8/15/89 -2- I 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (Aug. 1, 1989) (APPROVED) I 4c. DESIGN REVIEW (301 E. Santa Clara St.- Chandler Group) (CONTINUED to SEPT. 5, 1989) ~~r r\~~ 31:0170 The information as to the project area is picked up by the newspapers and published so everyone knows at the same time. He suggested that if Mr. Willson is interested in selling his property and purchasing another piece of property, he should be in contact with the Redevelop- ment staff because they will be most interested in discussing it with him. The Assist. City Manager for Economic Develop. further explained that correspondence had been sent to Mr. Willson explaining ttle process and a meeting had been held about two months ago explaining that at that time the appraisals had not yet come in. The appraisals have since become available and will be brought to the Agency to set just compensa- tion. It is hoped this will occur at the September 5, 1989 meeting after which Mr, Willson will be notified of an offer price. Sheila Peterson, 103 W. Sandra Ave., stated, in part, that she was present to talk about security bars on businesses. She has had a wrought iron door on the front of her business for ten years and has received a letter Lrom the City stating that it must be removed by ,August 28. She is present to ask for a variance. She has valuable items and needs to have the gate. Mayor Chandler said that item was to be discussed later in the meeting and, hopefully, the problem would be resolved. Mrs. Peterson said the address of the business is 110 La Porte; the name of the Company is A & A Motorcycle. She went on to say that the iron door is bolted to the bricks; therefore, it would be expensive to have removed. Councilmember Harbicht noted that since it has been determined that the door in question is on the front of the building, the back and side variance to b~ considered tonight still will not be applicable. It will be necesary for Mrs. Peterson to apply for a variance and a public hearing will be held by City Council. Mayor Chandler said that once the request for variance is received the matter will be in abeyance until resolved at the public hearing and the $500/day fine will not be imposed. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Gilb, Harbicht, Lojeski, Young and Chandler None On MOTION by Member Gilb, seconded by Member Harbicht and CARRIED, the Minutes of the Meeting of August 1, 1989 were APPROVED as amended; that Agency Member Lojeski's absence be excused. Members Lojeski and Young ABSTAINED since they were not present at the August I, 1989 meeting. Consideration of Design Review for 301 E. Santa Clara St. (Chandle~ Investment Group, applicant). This will involve construction of two 19,500 sq. ft. office buildings on Parce~ D of the Northside (Emkay/ Chandler) Redevelopment Project. -- - Roger Wolfe, Architect and Project Manager for the Chandler Group, was present to answer questions. Member Harbicht noted that he liked the brick treatment; however, he also felt that the building was too plain and stark. Member Lojeski agreed and felt that the architect could look to the matter of softening the look possibly by landscaping and setback. Member Harbicht also noted that perhaps the continuous band around the building might be the same color but a different pattern. Member Young said she agreed with the remarks of Members Harbicht and Lojeski and commented that planters just don't seem to work; they plant plants, but they don't grow. Staff said they were open to other suggestions from the architect. Mr. Wolfe said the design was at a preliminary stage and that all comments and suggestions are welcome; they will look at the design again. In response to Chairman Chandler's comment in connection with the, wall' along' the rear-of the project, Mr. Wolfe replied that the wall was not one that would be seen and also that it would be screened by planting. Work will be done 8/15/89 -3- 4d. DESIGN REVIEW EXT'N (181 Colorado Place) (APPROVED) t\ ~,~ X <f' 4e. ADJOURNMENT 5. 6. 6a. HEARING SCHEDULED (Sept. 5, 1989) 6b. HEARING SCHEDULED (Sept. 5, 1989) 6c. ADVERTISE FOR BIDS (Lighting Frog.No.3 Job No. 654) 31:0171 on the facades to address the '~gency's concerns. Member Harbicht noted that one of staff's suggestions was to build ten foot planters instead of three foot planters and inquired if that will eliminate the sidewalks.. Mr. Wolfe replied to adjust for the ten foot planters, they would have to do that and they would have to use a handicap lift' instead of a handicap ramp in that area which would be costly_ Member Harbicht said he would like to see them consider the remarks from the Agency and come back with window treatments or something to break up the facade and alleviate the stark appearance. This consideration can be rescheduled. Mr. Wolfe inquired if this was merely a problem of facade and front yard setback;, those two issues could be held over for further review, but he would like to have approval of the more technical issues this evening and just be able to direct their architect to look at the design one more time. Member Harbicht noted that what was before the Agency was the architectural design subject to staff I conditions; other matters will also be in the final motion, The Execut D~rector interjected that this is the consensus of the .Agency tonight and it would be necessary for the applicant to work with staff to do something to soften'the effect with window treatment, etc.; Agency can 'not approve anything tonight. It was then MOVED by Member Gilb, seconded by Member Young and CARRIED on roll call vote as follows that consideration of this design review for 301 E. Santa Clara Street be CONTINUED to September 5, 1989. AYES: NOES: ABSENT: Members None None Gilb, Harbicht, Lojeski, Young and Chandler Mr. and Mrs. Sibille, owners of the property at 181 Colorado Place have requested a 30-day extension of the Design Review for the rehabilitation of a restaurant building (La Bon Vie Restaurant). The Agency briefly discussed increasing the time extension to 60 days to allow for unforeseen delays. It was then MOVED by Member Lojeski, seconded by Member Gilb and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency grant a 60-day extension of the Design Review for 181 Colorado Place. AYES: NOES: ABSENT: Members Gilb, Harbicht, Lojeski, Young and Chandler None None The meeting ADJOURNED to 6:30 p. m., September 5, 1989. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED FOR SEPTEMBER 5, 1989 for consideration of I appeal to a Notice to Abate a specified nuisance condition at property _ located at 631 Walnut Avenue (Frank A.Falasco, appellant). PUBLIC HEARING SCHEDULED FOR SEPTEMBER 5, 1989 for consideration of variance from the Building Code under Ordinance No. 1865 at 147 N. Santa Anita Avenue (Arcadia Coin Company). Recommendation to approve plans and specifications for installation of street lights and underground conduit on Fano Street, Alice Street, and Third Avenue, and AUTHORIZE the City Clerk to ~dvertise for bids. 8/15/89 -4- I 6d. AMENDED DIAL-A-RIDE AGREE'T [, SAN. GAB. TRANS. SERVo COST INCREASE (APPROVED) \afIJ ~\O 6e. PERSONNEL CLASSIFICA- TION MODIFICATIONS I (APPROVED) . )00 ~O~ 1- q,., \ V ,e-r' C) ~/p 31:0172 MOTION TO SET ITEMS 6a and 6b FOR PUBLIC HEARING ON SEPTEMBER 5, 1989 AND APPROVE 6c BY COUNCILMEMBER YOUNG, SECONDED BY COUNCIL- MEMBER GILB AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, None None Lojeski, Young and Chandler Councilmember Lojeski questioned why the matter of vehicle appearance had to be spelled out in the agreement and inquired how this would be enforced. Staff replied that if the City Manager or his designee saw such a vehicle, the dispatcher would be called and the matter brought to his attention. There would be $100 fine if a vehicle should be lacking all four hub caps or had significant body damage. This to be deducted from the next billing. The reason for this is to keep damaged unsightly vehicles from continuing to be used over an unreasonable period of time. Cquncilmember Lojeski also questioned who would be evaluating the results of the drug testing and will such results be , shared with City staff. Staff replied there is a procedure whereby the testing will be done; a specimen sent to a Government approved facility; results then to the Medical Review Officer (certified by UMPTA) who will impartially determine that the tests are valid. If the test is positive, the driver will be questioned to see if there are any reasons (such as prescribed medications). If not, the matter. is referred to the Company. Councilmember Gilb inquired if such a person could continue to drive. Staff replied the company would: determine the appropriate action; the City would get notification; it is unlikely that the individual would continue to drive; the Company does not want such an individual driving either. The City Attorney noted that the liability factors are so strong that the Company would take immediate steps. Councilmember Gilb inquired about the time span between testing and results. Staff replied the specimen will be taken locally, then sent to the testing site in San Diego, who will within the next day after receiving the specimen provide a determination. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE the Arcadia Dial-A-Ride Service Agreement; AUTHORIZE the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney; AUTHORIZE an expenditure of no more than $2,700 which will be paid to San Gabriel Transit as an additional payment on the regular billing process as part of their total compensation for services provided to the Arcadia Dial-A- Ride, AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None Consideration of Personnel Classification Modifications recommended by the Personnel Board at its meeting of July 13, 1989. Councilmember Harbicht inquired if this provides for a salary increase in the classification of Associate Civil Engineer for whomever is appointed. Staff replied that Associate Civil Engineer is a new position; it has not been maintained through the classification plan for years and, as such, it was determined by the Public Works Director that the creation of this position would create relief to the Water Manager. It does represent a salary increase and this was approved in the budget. In answer to Councilmember Harbicht's further question, staff replied this situation is true of the Fire Technician position. This is just a formality to approve the classification specifications. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Council AUTHORIZE the establishment of the classification of Account Clerk I; AUTHORIZE the title change from Account Clerk to Account Clerk II; AUTHORIZE the proposed modification to the classification specification of Associate Civil Engineer; and AUTHORIZE the establishment of the classification of Fire Technician. AYES: NOES: ABSENT: Councilmembers None None Gilb, Harbicht, Lojeski, Young and Chandler 8/15/89 -5- if \ l'V rzv- EQUIPMENT PURCHASE (Micro- computers) (APPROVED) Cf\ {,jJ ~\ 6g. RESPONSE TO DRAFT EIR IRWINDALE STADIUM (Ltr. to Irwindale) It was MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRIED on roll call vote as follows that Council award the bid for the purchase of ten microcomputers to Photo and Sound in the total amount of $44,308.26. \::- AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The City of Irwindale previously prepared and circulated a Draft Environmental Impact Report (DEIR) for a proposed stadium. The DEIR covered several possible stadium locations with the primary location being the gravel pit north of the 210 Freeway and west of Irwindale Avenue. Irwindale has recently (7/26/89) prepared a supplment to the DEIR, in which they have provided certain additional environmental information relative to an alternate stadium site "b" located west of the 605 Freeway between Live Oak and Arrow Highway. This site while 1 not Irwindale's preferred site, has apparently become the most, probabl location for a stadium. Staff has not reviewed the Supplement to the DEIR, and notes th~t it does not address Arcadia's concerns, i, e., traffic or crime. Their traffic analyses go no further west than . Myrtle/Longden and Peck/Live Oak. Captain Hinig's memo dated August 9, 1989 sets forth detailed concerns about such a stadium. Further, the DEIR does not adequately address the increased impacts on air quality in Arcadia and the San Gabriel Valley caused by stadium events. Irwindale has requested formal comments by August 25. Staff has prepared a draft letter from the Mayor. Councilmember Young remarked that she did not think the letter to the Mayor of Irwinda1e was strong enough in addressing Arcadia's concerns about policing, air quality and traffic. Staff replied that stronger adjectives could be used; the result would be the same; Council is telling them it does not like the fact that apparently there are no mitigation factors for the area which is the east side of Arcadia. A supplement to the EIR report has been received; the first dealt only with the proposed stadium on an area of 346 acres; the most recent one has a different concept - Alternative No. 1 is a stadium concept on 486 acres in roughly the same location except it does not include the triangular parcel that is the pit where the stadium is going to go. In addition to the stadium use, they are talking about 179 acres of mixed commercial use; 179 acres of light industrial use and recre- ational use. This suggests that this is a combination stadium/mixed use project. Alternative No. 2 is a 728 acre site; 264 acres of mixed commercial use, defined as retail, office and restaurant; 294 acres of light industrial; 170 acres of recreation, not including the stadium. This is in the same general location as the one Council is looking at tonight. These supplements will be reviewed at staff level and additional comments provided to Council. The City of Irwindale apparently wants comments on the ,original EIR and the supplement at the same time; which is almost impossible. The proposed letter will be strengthened; also a statement will be added that staff has not had time to prepare comments on the supplement and these will be forwarded in the near future. In answer to Mayor Chandler's question, staff replied that Alternative No. 2 does not include the stadium. Council- member Harbicht noted that there has been very little development in Irwinda1e in the last 25 years. It was then MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as' follows that the letter be sent to Irwindale but that it be strengthened with respect to Arcadia's concerns and that Mr. Kinnahan's comment regarding the review of the EIR supplements be added. I Councilmember Gilb remarked that Irwindale's requests for studies are very time-consuming for Arcadia staff. He wondered if the other neighbor- ing cities Were doing this. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None Counci1member Young inquired if an Arcadia representative would be attending the August 24 meeting in Irwindale. Staff replied they had not been planning attendance; information regarding Arcadia's concerns would be presented in writing and become a part of the record. Council directed that someone from Arcadia attend the meeting. 8/15/89 -6- ,'{ct-- ~' I I 7. 7a. SAN GABRIEL VALLEY MOSQUITO ABATEMENT DIST. APPOINTMENT (Bill Kern) (APPROVED) 7b. SECURITY DEVICE . REGULATIONS (Bars,Grills, etc.) b-,'? Q...\V ,\J 'M \, '\J-V"rIJ f:pY t&,(jJ V 31:0174 CITY MANAGER Mayor Chandler nominated Mr. Bill Kern, Member of the Arcadia Personnel Commission, as Arcadia representative to the San Gabriel Valley Mosquito Abatement District to attend the meetings in Los Angeles. Seconded by Councilmember Harbicht. Mr. Kern is a Medical Director of Hospitals in the Los Angeles County jail system; he is familiar with the St. Louis Encephalitis and the danger it can cause. It is convenient for him to attend meetings at the Hall of Administration since he works in that particular area. He is a voting and qualified member of the Arcadia community; he is diligent in attendance at the Personnel Commission meetings and will be a fine representative T4e nomination was CARRIED on roll call vote as follows: AYES: ,NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The Mayor requested that this matter be placed on the Council agenda for discussion regarding implementation of the security device regulations, In particular, the Council's intent with respect to existing installations which are not located on the front of commercial and/or industrial build- ings, i. e., in the rear of the building or on the alleyway. Ordinance No. 1885 was adopted by the Council on June 21, 1988. Existing installa- tions were given one year in which to bring their installations into compliance with the new requirements. 30 businesses have now been notified; 15 of which have complied with Code; 11 still have bars on the front or street side of the building; 4 busineses have bars on the rear of the buildings. It is staff's feeling that a Text Amendment can be initiated which will exclude or exempt existing security device regulations which are located on building walls which face on public alleys and rear and side building walls which face the rear and/or side walls of buildings on immediately adjacent commercially or industrially zoned property. Or these 4 businesses could be allowed to go through the Building Code variance procedure which, in staff's opinion, is the most expedient way of handling the matter. Council could, if they felt the original intent was not to include enforcing this on buildings which had bars along the rear, waive that fee. In the ensuing discussion, Council noted that the intent of Ordinance No. 1885 was not to require the removal of existing security device installations, installed prior to the adoption of said ordinance, which are located on (1) building walls which face toward public. alleys and (2) rear and side building walls which face the rear and/or side walls of buildings on immediately adjacent commercially or industrially zoned property. Moreover, Council determined that the above situation GUly applies to a limited number of businesses within the City and, there- fore, it is not necessary to initiate a text amendment. Also, that businesses may apply for a building code variance and directed staff to waive the fees for persons requesting a building code variance for the above installations. It was noted, however, that security devices on the inside of buildings are permissible with the installation of a fire sprinkler system. It was MOVED by Councilmember Young, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that the City Council find that the intent of Ordinance No. 1885 (adopted June 21, 1988) was that security devices previously installed on building walls which face toward public alleys and security devices previously installed on rear and side build- ing walls which face the rear and/or side walls of buildings, be exempt from Ordinance No. 1885 regulations; those businesses currently exist- ing may file for a Variance from the Building Code and Council will waive the required fees for the above pre-existing installations. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None 8/15/89 -7- 8. 8a. ORDINANCE NO. 1911 (ADOPTED) 8b. ORDINANCE NO. 1912 (INTRODUCED )' . I- f :0:) '\. i;)\, \J :, \") I .. ~ n' f\~ '\~" \' J(' ~~ f\\V<;} ~~') 31:0175 CITY ATTORNEY The City Attorney presented for adoption, explained the content, and read the title of Ordinance No. 1911, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9283.8.3 AND REPEALING SECTIONS 9283.3.1, 9283.5, 9283.5.1, 9283.5.2, 9283.8.4, 9283.8.5, 9284.4 AND 9284.5 OF THE ARCADIA MUNICIPAL CODE TO ELIMINATE INAPPROPRIATE AND REDUNDANT REGULATIONS (Tex Amendment No. 89-004)". It was MOVED by Councilmember Young, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Ordinance No. 1911 be and it is hereby ADOPTED. AYES: NOES: AllSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None I The City Attorney presented for introduction, explained the content, ' and read the title of Ordinance No. 1912, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING CHAPTER 4 OF PART 9 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING PROPERTY MAINTENANCE AND NUISANCE ABATEMENT". The City Attorney noted that this ordinance, in part, merely changes what has been on the books for a number of years regarding the City's property maintenance procedure. It makes several changes that the Planning Director and City Attorney have felt were needed .., clarifica- tions, etc. It also shortens the procedure somewhat with regard to the required notice and the days for an appeal. A new section has been added to the Code starting with 9407 which provides an alternative procedure in those cases where there are particular problems which are compounded by absentee or non-responsive owners who just cannot be found. This speeds up the process and allows the City to move a lot faster and then go in to abate the problem and then assess the cost to those parties who we have been unable to locate in terms of com- pliance, but we know where we can get them in terms of financial com- mitment. This, basically, is what the ordinance seeks to do. It is believed to be an improvement on the existing process. It was MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1912 be and it is hereby INTRODUCED. Councilmember Harbicht inquired if it would not be faster to assess the charges for such abatement procedures to the property owner's tax bill at once, rather than attempting to bill the owner first and making the assessment later. Staff replied as far as cash flow is concerned, the City would receive the money a lot faster if the property owner was billed first -- at least once ... if they then pay the bill. Council- member Harbicht inquired about the appeal process and Councilmember Gilb suggested that possibly a committee similar to the Modification Com- I mittee could be set up to handle these matters, and just have the final appeal, if any, come before Council. Staff noted that landscape proble . were covered. Staff also noted that the only appeal to Council is by the affected property owner; the appeal to be heard at the first Counci meeting following the ten day from notice time period. Staff further noted this will provide a new, expedited procedure; a large measure of success is obtained by taking owners to court. Also, the City will have to work up a program where either City work forces or a contractor will do the abatement work. To the extent Council commits to this, Council will be seeing some of these cases; to the extent it doesn't, it will be available as an improved tool, but may not bring very many matters before Council. Staff further noted that there may be some confusion between the procedures that are outlined here. What the City Attorney has done is give the old procedure only reducing the tim~ periods. The section with regard to appeal is the current process. The notice goes out at the staff level; the contact' is made at the staff level. If the resident disagrees with that, he can appeal to the Council as he can now. It may come at some future date that some 8/15/89 -8- I I 8c. RESOLUTION NO. 5494 (ADOPTED) () 9.> y\ 8d. RESOLUTION NO. 5498 (ADOPTED) (i6 ~\ Be. RESOLUTION NO. 5499 (ADOPTED) ~ " '0\)'0 ~"~V f' Bf. CLAIM OF R. LANGDON (WITHDRAWN FROM AGENDA) 31:0176 committee is needed, but it would be suggested that such committee not be established until it is needed; probably most of these will be resolved at the staff level. The second procedure is even faster whereby it is not handled at the staff level in the sense that the notice goes out and it is immediately set for a hearing before Council. Action can then be taken immediately as to whether or not it is going to be abated or whatever action Council wants to-take. Roll call vote was then taken on the Motion. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The City Attorney presented, explained the content, and read the title of Resolution No. 5494, entitled: "A RESOLUTION OF THE CITY COUNCIL -OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988". It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5494 be and it is hereby APPROVED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The City Attorney presented, explained the content and read the title of Resolution No. 5498, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FACILITIES FUNDS AUTHORIZED UNDER SB 821". It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5498 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The City Attorney presented, explained the content and read the title of Resolution No. 5499, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,FIXING THE AMOUNT OF REVENUE RE- QUIRED TO BE RAISED FROM PROPERTY TAXES NECESSARY FOR THE FISCAL YEAR 1989-90 TO PAY THE INDEBTEDNESS OF THE CITY OR DISTRICTS". It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5499 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler None None The claim of R. Langdon was WITHDRAWN from the agenda awaiting additional information. 8/15/89 -9- 9. CITY MANAGER (Neighborhood Inns Presentation Sept.5,1989 6:30 p.m.) 10. LOJESKI (Arc. Beautiful Comsn. ) GILB (Prop. Maint. ) HARBICHT (Bluth Develop.) LOJESKI (In Memory of Albert Hansen) 31:0177 MATTERS FROM STAFF Requested that Council adjourn the Arcadia Redevelopment Agency and City Council meeting to 6:30 p. m., September 5, 1989. It had been planned for this meeting to have representatives from Neighborhood Inns to make a presentation to Council; however, since they were not quite ready; they wish to make the presentation before the next Council meeting. MATTERS FROM ELECTED OFFICIALS I Commented.that he t~ought it would be appropriate to notify the' Arcadi Beautiful Commission about the ordinance discussed earlier regarding property maintenance. Noted that he was glad to see the City moving ahead on the ordinance to clean up some of the properties; there has been some improveme'nt already. Reminded staff of situation of autos parked on lawns. He thanked staff fo"C their efforts in expediting the matter. Regarding the grading currently being done in the northeast part of the City on Mr. Bluth's property, he inquired if there is some time limit on approval that has been given for completing that and was told staff had set the date of August l5. Staff replied also that Mr. Bluth has to have a final map recorded by January 16, 1990. Councilmember Harbicht said he thought it important for Mr. Bluth and others develop- ing property in Arcadia to understand that the City does things one way and that is the right way and it is by the rules and laws which the City has laid down. They can develop elsewhere if they don't want to abide by such rules and laws. The staff has been right in the way they have handled this; the City is not cutting corners or doing any favors for anybody. He fully supports staff in these situations and staff should continue to insist that things be done right or not done at all. Staff replied that since the last communication. with Mr. Bluth, he has been in and has talked with Joe Lopez and Donna Butler and it appears that things are moving along quickly now and the matter will probably be resolved by the end of this week, and he will have his permits. "Mr. Albert Hansen, longtime resident of Arcadia, passed away August 3, 1989. Albert lived with his wife, Mary, at 900 Hugo Reid Drive, Arcadia, for the past 26 years. He was an active member of the Lu~heran ,Church of the Cross, Member of the Los Serranos Golf Club for 26 years and the Santa Anita Men's Golf Club for 20 years. Albert was Senior Legal Counsel for Allstate Insurance Company for 26 years and an Army I Captain during World War II at Wright-Patterson Field, Dayton, Ohio. He is survived by his wife, Mary; brother, Carl Hansen of San Rafael; . two sisters, Carrie Overheiser of Antioch and Harriet Castagna of Hyattsville, Maryland. Services were held at 11:00 a. m., August 8 at the Lutheran Church of the Cross, 66 West Duarte Road. Internment will be in Dayton, Ohio. Contributions may be made to the Albert Hansen Memorial Fund at the Lutheran Church of the Cross. Albert, basically, had three loves: his wife, Mary; his law practice; and his golf.' As I mentioned, his wife, Mary, is the Chairman of the Arcadia Beautiful Commission and it is citizens like Albert Hansen that have made Arcadia the fine City that it has been and Arcadia will certainly miss Albert's presence.tI B/15/89 -10- I I LOJESKI (In Memory of A. L. Farr) l~. ADJOURNMENT (Sept.5,1989 6:30 p.m.) ATTEST: Alford, 3l:0l78 "Another personal friend of mine passed away, Mr. A. L. Farr, who was born March 10, 1910 in Superior, Montana. Mr. Farr grew up in Montana and eventually moved to Iowa. He entered the service of the United States Navy and after Basic Training, went to the Naval School of Music in Washington, D. C. A. L. played the trombone, was a Band Master and conductor for well over the twenty years he was in the service. He was one of those who survived Pearl Harbor, served in World War II as Band Master on the Saratoga, Boxer, Maryland, New Mexico and California. After the service he worked four years at Goodrich Tires and then at the Post Office, where perhaps many of you knew Mr. Farr, for 17 years. He has been active in the American Legion Post 247 in Arcadia for 40 years. To A. L., his wife, Johnnie, and his children, Peggy, Don and Art were most important. Art is our Day Camp Director for the Arcadia Recreation Department and is also toe Band Director at Dana Junior High School. A. L. left behind his wife of 58 years, 3 children, 9 grandchildren and 4 great grandchildren. ,He loved his music, attending concerts and sporting events, all of the Arcadia High football and basketball games and musical concerts. Arcadia has lost another real supporter. I would like to adjourn tonight's meeting in memory of both of these fine individuals." The meeting ADJOURNED at 9:15 p. m. to 6:30 p. m., September 5, 1989 in the Chamber Conference Room to conduct the business of the Council and Agency and CLOSED SESSION, if any, necessary to discuss personnel, litigation and evaluation of properties. j 8/15/89 -11-