HomeMy WebLinkAboutJANUARY 5,1993_2
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
CITY COUNCIL
MTG'S. TELE-
CASTING
(CableVision)
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NoS P
NEWCASTLE,
NEW SOUTH WALES,
AUSTRALIA
VISITORS
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NSP
ROLL CALL
MINUTE APPROVAL
(Dec.15,1992)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
JANUARY 5, 1993
The Arcadia City Council and the Arcadia Redevelopment Agency
met in a regular meeting at 7:30 p,m., Tuesday, January 5, 1993
in the City Hall Council Chamber,
Pastor Steve Summerell, Vineyard Christian Fellowship of
Arcadia
Councilman Robert C, Harbicht
Mayor Fasching welcomed the audience to the City Council
meeting and stated that, in an effort to bring more information
to the citizens of Arcadia, the Arcadia City Council recently
voted to telecast all regular City Council meetings, The
council meetings on the first and third Tuesdays of each month
will be live telecasts, and later on in the week there will
be a taped rebroadcast. Prior to each Council telecast the
Council agenda will be previewed, In the near future, the
public access channel will be utilized on a weekly basis with
programs of interest to the citizens of Arcadia, Mayor
Fasching also encouraged letters of interest from those in
the community who might be interested in volunteering to serve
on the soon-to-be-formed Public Access Commission, Mayor
Fasching also noted that this telecast of the City Council
meeting and future access programming are the result of a
previously negotiated franchise agreement with CableVision
whereby the cable company provides this service to the City,
Mayor Fasching introduced visitors from Arcadia's Sister City,
Newcastle: Frank Rigby, Deputy Lord Mayor, Newcastle, New
South Wales, Australia, and Richard Face, Member of Parliament,
Charlestown; Shadow Chief Secretary; Shadow Minister for Sport,
Recreation and Racing; Officer for Government Interrelations,
Promotions and Protocol. These gentlemen traveled to Arcadia
with the Newcastle Koala Marching Band, The Marching Koalas
marched in the Pasadena Tournament of Roses Parade on January
1, and made an appearance at Pasadena City College in a band
f7st, as did the Arcadia High School marching band,
PRESENT:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
ABSENT:
On MOTION by Councilman Lojeski, seconded by Councilman
Harbicht and CARRtED, the minutes of the regular and
adjourned meetings of December 15, 1992 were APPROVED,
It was MOVED by Mayor Pro tern Ciraulo, seconded by Councilman
Margett and CARRIED, that ordinances and resolutions be
read by title only and that the reading in full be WAIVED.
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CITY ATTORNEY
CLOSED SESSION
eJ 00 .. '.It)
1.
PUBLIC HEARING
APPEAL OF PLNG.
COMSN. DENIAL -
MC 92-062
(284 Arbolada
Drive)
(APPROVED)
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2.
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35:0003
The City Attorney gave a brief review and explanation of the
provisions of the Ralph M. Brown Act (California Open Meeting
Law) for the benefit of those present and the television
audience. The City Attorney then announced that, "the Council
will meet in a CLOSED SESSION to discuss the possibility of
initiating litigation in a situation where existing facts and
circumstances may require some legal action by the City",
pursuant to Government Code Section 54956.9(c)",
Consideration of an appeal of the Planning Commission's denial
of MC 92.062, a request for a height of 5'-8" in lieu of 5'-
0" (as approved by MC 91-005) for existing decorative metal
gates at the driveway and pedestrian walkway at 284 Arbolada
Drive (William C. Dale, M, D" property owner/appellant),
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Mayor Fasching declared the hearing OPEN,
Dr, William C, Dale, 284 Arbolada Drive, stated, in part, that
he is present to request that Council overturn the decision
of the Planning Commission and approve the request to retain
the 5' -8" high gates on his property. This height is in lieu
of the 5' -0" height approved by MC-9l-005, Dr. Dale explained
that he had relied upon the contractor to construct the wall
and the gates in accordance with City codes, and had not
intended to circumvent the codes, He presented photographs
of the fence and gates and stated that it was his feeling that
the gates are attractive, and that they enhance the appearance
of the neighborhood, Dr, Dale also noted that 5' -8" high gates
had been approved by the Architectural Review Board of the
Santa Anita Oaks Homeowners' Association.
The public hearing was CLOSED on MOTION by Councilman Margett,
seconded by Mayor Pro tern Ciraulo and CARRIED,
In the following discussion, the Council agreed that the
Modification Committee and the Planning Commission had acted
appropriately in this matter in the denial of MC 92-062. Mayor
Fasching made a point that he did not want to see a precedent
established whereby City Building Codes could be violated and
then be finally approved, However, after some discussion among
the Council, it was the consensus that the gates on the
property at 284 Arbolada Drive do secure an appropriate
improvement in the neighborhood, and that it would create a
hardship to insist that they be removed and replaced with gates
of a 5'-0" height which would conform to the City code.
It was then MOVED by Mayor Pro tem Ciraulo, seconded by
Councilman Harbicht and CARRIED on roll call vote as follows
to FIND that, based on the evidence presented, APPROVAL of t:he
request would secure an appropriate improvement, prevent an
unreasonable hardship, and promote uniformity of development,
and MOVE to overrule the Planning Commission's decision, and
APPROVE MC 92-062 and the appeal,
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AYES:
Councilmen Ciraulo, Harbicht. Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
, AUDIENCE PARTICIPATION
Thorn Prevette, General Manager, Arcadia CableVision, 641 West
Duarte Road, Arcadia, stated, in part, that he is present to
express his appreciation for Council's willingness to work with
CableVision to begin transmitting Council meetings to the
citizens of Arcadia. CableVision will do everything possible
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3.
3a.
3b.
Lv/Absence W/P
Pay - Susan
Strohschein
(Fire Dept.)
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3c.
3d.
SGV MOSQUITO
ABAT.DIST. BD.
TRUSTEES
(William Kern -
Jan.1993 - Jan.
1997)
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3a.
SOUNDWALLS
210 FREEWAY -
Second Av. to
Fifth Av.
(Acceleratin of
Proj. w/33%
City Contribu-
tion)
(APPROVED)
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35:0004
to make this a viable means of disseminating information to
the citizens of Arcadia. Mr, Prevette also answered in
considerable detail, the questions which had been raised with
regard to the reasons for the recent change in CableVision
rates, and noted that this information has been mailed to
CableVision customers in the City, In reply to a question,
Mr, Prevette noted that the CableVision franchise expires in
1995, and CableVision would like to start renewal negotiations
with the City of Arcadia in order to begin preparing for
upgrades to the facilities that might be needed. Mr, Prevette
also replied that, under the franchise agreement with the City,
CableVision is required to purchase cameras and equipment to
do public access programming, The equipment being used here
tonight costs somewhere in the range of $35,000, Also, another
$5,000 was expended to activate a return line from City Council
Chambers to the CableVision facilities at 641 West Duarte
Road, None of these costs are being charged to the City of
Arcadia, In further reply to questions, Mr, Prevette stated
that CableVision has been certified by their trade association
that they are meeting the customer service standards with
regard to service calls, Mayor Fasching noted that
CableVision has been very cooperative in initiating the public
,access programming with regard to the City Council meetings,
The cooperation and the expenditures extended by CableVision
are very much appreciated.
CONSENT ITEMS
Considered separately (see below),
APPROVED an extended leave of absence without pay for the
period of January I, 1993 - May I, 1993 for Susan Strohschein,
Dispatcher II with the Fire Department,
Considered separately (see page 4).
REAPPOINT William Kern to the Board of Trustees of the San
Gabriel Valley Mosquito Abatement District for a four-year term
to January, 1997,
It was MOVED by Councilman Lojeski, seconded by Councilman
Margett and CARRIED that Consent Items 3b and 3d be APPROVED,
Consideration of recommendation regarding the proposed
soundwall construction on the westbound Route 210 Freeway from
Second Avenue to Fifth Avenue by Caltrans with partial payment
by the City. S.B. 511 added Section 215.6 to the Streets and
Highways Code and requires that any soundwa1l project, included
for the first time in the State Transportation Improvement
Program (STIP) for which a City contributes at least 33% of
the estimated cost, be given priority over all other soundwa1l
proj ects included in that SUP for the first time, Thirty
three percent (33~) of the estimated cost for the subject
soundwal1 would be approximately $230,000,
Councilman Harbicht questioned the expenditure of $230,000 to
benefit a small number of residents who are living in close
proximity to the Freeway.
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1/5/93
3c.
EQUIP.PURCH.
LAPEL MICROPHONES
(Council
Chambers)
(APPROVED)
03'1() ~. ".J
4.
4a.
C.U.P. FILING
FEE REIMBURSE-
MENT (107 S.
First Av.-
Karen & Amy
Towner)
(APPROVED)
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35:0005
The other Councilmen felt that the residents in the areas near
the 210 Freeway have been waiting for many years for some
relief from the noise, debris, etc, of the Freeway, They feel
that the opportunity to accelerate the project with the payment
of one-third of the cost is a good deal for the City, and
this is the time to move ahead with this project,
It was MOVED by Councilman Lojeski, seconded by Councilman
Margett and CARRIED on roll call vote as follows to DIRECT
staff to send a letter to the California Department of
Transportation requesting that the soundwall project be
accelerated along the 210 Freeway from Second Avenue to Fifth
Avenue, and be included in the 1994 State Transportation
Improvement Program (STIP) in accordance with SB 51l; and
stating that the City of Arcadia is willing to contribute 33%
of the estimated cost of the construction of soundwalls; and
to include the soundwall project in the 1994-95 fiscal year
Capital Improvement Program,
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AYES:
NOES:
ABSENT:
Councilmen Ciraulo, Loj eski, Margett and Fasching
Councilman Harbicht
None
Due to the unique nature of the Council Chambers public address
system and the frequent maintenance problems inherent with the
microphones, staff has recommended that the existing
microphones be replaced. The Police Department, which has
taken responsibility for the maintenance of the public address
system, recommends purchasing Shure lapel type, condenser
microphones (Model #SM83). The total cost of the microphones
will not exceed $2,400.
Councilman Harbicht questioned the need to spend $2,400 for
new microphones, because it is his opinion that the microphones
in use now are adequate.
Councilman Lojeski noted that his
and is definitely antiquated,
purchase of the replacements.
microphone is falling apart
He would like to see the
It was MOVED by Councilman Margett, seconded by Mayor Pro tem
Ciraulo and CARRIED on roll call vote as follows to APPROVE
the purchase of ten (10) Shure lapel type, condenser
microphones for use in the City Council Chambers and
APPROPRIATE $2,400 from the Capital Outlay Fund for this
purpose.
AYES:
NOES:
ABSENT:
Councilmen Ciraulo, Lojeski, Margett and Fasching
Councilman Harbicht
None
CITY MANAGER
Consideration of the request for reimbursement of the
Conditional Use Permit filing fee to add outdoor seating for
four persons at the coffee bar located at 107 S, First Avenue
(C,U,P, 92-011 - Karen and Amy Towner).
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Mayor Fasching noted that this situation arose because of
misinformation when the application for the original C, U, P was
made,
It was MOVED by Councilman Margett, seconded by Councilman
Lojeski and CARRIED to APPROVE the reimbursement of $607,00
for the conditional use permit fee, to Amy B. & Karen E, Towner
(Arcadia Coffee Brewing Company, Inc.)
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1/5/93
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5.
Sa.
RESOLUTION
NO. 5709
(ADOPTED)
03.;-c;) . (1:'~
5b.
RESOLUTION
NO. 5710
(ADOPTED)
(J3;;SeJ ~ 10
35:0006
CITY ATTORNEY
The City Attorney presented and read the title of Resolution
No, 5709: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SUPPORTING FEDERAL LEGISLATION ENDING THE
PRACTICE OF IMPOSING UNFUNDED FEDERAL MANDATES ON LOCAL AND
STATE GOVERNMENTS AND TO ENSURE THAT THE FEDERAL GOVERNMENT
PAYS THE COSTS INCURRED BY THOSE GOVERNMENTS IN COMPLYING WITH
CERTAIN REQUIREMENTS UNDER FEDERAL STATUTES AND REGULATIONS"
It was MOVED by Councilman Lojeski, seconded by Councilman
Harbicht, and CARRIED on roll call vote as follows that
Resolution No, 5709 be and it is hereby ADOPTED,
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
The City Attorney presented and read the title of Resolution
No. 5710: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA,
DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS
OF OBLIGATIONS TO BE ISSUED BY THE CITY AND DIRECTING CERTAIN
ACTIONS" ,
Mayor Pro tem Ciraulo stated that it is important to note that
all this resolution will accomplish is to allow Council to
preserve future options without any obligations at this time,
Councilman Harbicht opposed the adoption of this Resolution
because it preserves the option for the City to go into debt
in an amount of nine million dollars, Currently there are
three proposed projects that are going to cost about nine
million dollars to construct, The City has the nine million
dollars in the Facilities Replacement Fund and Capital
Improvement fund for these projects. What has been brought
before Council is a suggestion that, rather than spend the nine
million dollars, the City borrow nine million dollars, Because
the City borrows at tax exempt rates, the money can be borrowed
at one rate, and invested at a higher rate. This hopefully
would end up with the City making a few thousand dollars in
the process. While that may be possible, it also may not come
out as well as visualized,
Mayor Fasching stated, in part, that he concurs with many of
Councilman Harbicht's remarks and fiscal responsibility on the
part of the Council and the City, However, he looks at this
option as alternative financing available to the City, Council
will not jump into any financing scheme that would endanger
the financial stability of the City, The resolution does not
obligate the City to anything. He does not want to be
inflexible-. If Council does not adopt this resolution,
Council is not protecting the City for possible alternative
f~nancing in the future for the proposed projects.
Councilman Lojeski said that he feels an obligation to the
citizens to see the City with 1993 vision, and Council should
have open eyes and ears to any options that may become
available. What might not have been a good idea ten years ago
may be a good idea today. The key is that this Resolution
would in no way obligate the City to issue bonds, but will
merely preserve the City's option in the event Council chooses
to issue revenue bonds at some later date. Closing off that
possibility is not wise government. He has no problem with
it.
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1/5/93
6.
7.
MARGETT
(City Manager/
Dept. Head
Seminar)
LOJESKI
(City Hall
Food Drive)
LOJESKI
(P.D.
Commercial
Vehicle Check-
point)
i) <.1'lt'J - -; ",,-
LOJESKI
(Dr. Fortanance
Bldg. - Expan-
sion & park'g
Modifications -
MC 92-072 &
MC 92-078)
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CIRAULO
(Community
Center
Flag Pole)
FASCHING
(Christmas
Banners)
(~/,S.) - ''<}
35:0007
It was MOVED by Councilman Lojeski, seconded by Councilman
Margett, and CARRIED on roll call vote as follows that
Resolution No, 5710 be and it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmen Ciraulo, Lojeski, Margett and Fasching
Councilman Harbicht
None
MATTERS FROM STAFF
None
MATTERS FROM ELECTED OFFICIALS
Councilman Margett referred to the upcoming Department
Head/City Manager seminar, He is confident that this will
multiply positive effects for the citizens many times over,
City employees will come back with fresh ideas for managing
this City for the next few years,
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Councilman Lojeski expressed his thanks to the City employees
who donated to the food drive for the Arcadia Child Health
Council. He is glad to see that such projects for the
community are supported.
Councilman Loj eski, in reference to the Police Department
commercial vehicle checkpoint on December 18, 1992, noted that
this effort took sixteen totally unsafe trucks off our streets,
It is typical of our department heads to come up with that type
of creativity. Also, there was some revenue generated back
to the City because of the citations issued from that
checkpoint,
Councilman Lojeski referred to Dr. Michael Fortanance's
proposal to expand his facility and diminish the number of
parking spaces at 665-673 W. Naomi Avenue, and inquired as to
what the impact of the reduction in the parking will be, The
Planning Director replied that Dr, Fortanance is attempting
to add onto his building. To do so, he needs a modification
for the reduction of a number of parking spaces. He is trying
to work with other property owners in the immediate area to
rearrange the parking behind all of those places to correct
the circuitous route that people have to travel to get from
the public alley through the backs of those parking areas and
out to Naomi Avenue, In re-configuring the parking, he will
actually be able to pick up additional spaces from some of
these properties from some of those other property owners,
The end result will be a much better circulation pattern in
that area for all the affected properties. The Modification
Committee felt that it was worth granting the modification to
secure this benefit, Dr, Fortanance will work out the
arrangement with the other property owners. They will have
to come to some terms so they can proceed with the approved
plans or he will not get the modification for his expansion,
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Staff advised that the flag pole at the Community Center should
be installed within the next few weeks,
Mayor Fasching referred to the Christmas banners which were
on display during the Christmas season in the business district
and some of the other streets. This was part of a three year
program whereby the banners will be put up at Christmas time
for another two years. This was an expenditure on the part
of the City, but also a cooperative venture with some
businesses within the City, He would like to take this
occasion to thank Chino Valley Bank, the Santa Anita Race
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1/5/93
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FASCHING
(In Memory
of Alice
Elizabeth
Michels
Daly)
8.
ADJOURNMENT
(Jan.12,1993 -
5:30 p.m.)
ATTEST:
35:0008
Track, Methodist Hospital, Global Travel, Arcadia Chamber of
Commerce, K, B, Construction, Arcadia Fire Fighters'
Association, Arcadia Police Relief Association and the Von's
Companies who have their Corporate Headquarters here in
Arcadia, He thanks them all for monitory contributions to
the Christmas banners within the City, Also Mayor Fasching
thanked Mrs, Cecila Kalm, a resident of the City, who designed
the banners.
"I would like to close the meeting tonight in honor of Alice
Elizabeth Michels Daly who passed away December 30, 1992, She
was born in Los Angeles in June of 1901, and was preceded in
death by her husband, James Edward Daly. Mrs, Daly was retired
from a career with Southern California Gas Co, A long-time
resident of Arcadia, she was prominent in many social and civic
endeavors including the Arcadia Republican Woman's Club,
Methodist Hospital Auxiliary, Altrusa Club and Arcadiannes,
Her memory is honored tonight by the Arcadia City Council,
Remembrances of Mrs. Daly and her contributions to the
celebration of life in this City will be cherished by loving
relatives and an extraordinary number of friends here in the
City and elsewhere, A memorial mass will be held at Holy
Angels Church in Arcadia on Friday January 8 at 2:00 p, m"
followed by a reception at the Arcadia House on South First
Avenue in Arcadia,"
The Council ADJOURNED to a CLOSED SESSION, RECONVENED and
ADJOURNED at 9:40 p.m. to 5:30 p, m., Tuesday, January 12,
.1993 in the Conference Room of the Council Chambers for an
Adjourned Regular Meeting (Work Session) to conduct the
business of the Council and Redevelopment Agency and any CLOSED
SESSION necessary to discuss personnel, litigation matters and
evaluation of properties.
...--
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