HomeMy WebLinkAboutJANUARY 5,1993_2 I' I U(I(/-\'O alO" ?,~ 35: 0002 c 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) ()'i 10.:,0 NoS P NEWCASTLE, NEW SOUTH WALES, AUSTRALIA VISITORS .Jr,:..} t , -, '. 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. 1 1/5/93 CITY ATTORNEY CLOSED SESSION eJ 00 .. '.It) 1. PUBLIC HEARING APPEAL OF PLNG. COMSN. DENIAL - MC 92-062 (284 Arbolada Drive) (APPROVED) O!.-fiO H..!~' 2. 0(;'//1 ~'.. ,-' 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), I 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, I 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 2 1/5/93 ~~ j; f I I 3. 3a. 3b. Lv/Absence W/P Pay - Susan Strohschein (Fire Dept.) o J-.~' f; ~ :,; t; 3c. 3d. SGV MOSQUITO ABAT.DIST. BD. TRUSTEES (William Kern - Jan.1993 - Jan. 1997) .j,l> 'J - ,-J () 3a. SOUNDWALLS 210 FREEWAY - Second Av. to Fifth Av. (Acceleratin of Proj. w/33% City Contribu- tion) (APPROVED) OS', J -c:,) 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. 3 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) ;) :',. ~~ ,) ~, (1 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, I 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). I 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.) 4 1/5/93 I \<; I I 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. 5 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) () ) - if O. -)~- 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, I 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, I 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 6 1/5/93 I' I 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. ...-- 7 1/5/93