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HomeMy WebLinkAboutFEBRUARY 2,1993_2 I I ClII() .' " \ I O.2(),,, cl..J 35:0028 Cc CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 2, 1993 The Arcadia City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:30 p,m" Tuesday, February 2, 1993 in the Conference Room of the City Hall Council Chambers, INVOCATION Rev, Roger Kramer, Arcadia Christian Reformed Church PLEDGE OF Senior Patrol Leader Joey Berelli, Boy Scout Troop 103 ALLEGIANCE ranean Parking Garages - R-O & R-l Zones) (APPROVED) O'>~(} - {,!. ROLL CALL MINUTE APPROVAL (1/12/93) (1/19/93) (APPROVED) ORD:& RES. READ BY TITLE ONLY Ol/e) yo 1- PUBLIC HEARING TEXT.AMEND. 93-001 (Prohib. Subter- Mayor Fasching welcomed Troop 103, Boy Scouts of America, sponsored by the Arcadia Rotary Club, PRESENT: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None ABSENT: On MOTION by Councilman Lojeski, seconded by Councilman Margett and CARRIED on roll call vote as follows the minutes of the work session of January 12, 1993, and the adjourned and regular meetings of January 19, 1993 were APPROVED. It was MOVED by Councilman Harbicht, seconded by Councilman Lojeski 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 City Council and the Redevelopment Agency met in a CLOSED SESSION prior to this meeting pursuant to Government Code Section 54956.9(bl) because of certain circumstances where the City is facing the possibilitv of litigation. In addition the Council will be going into a CLOSED SESSION this evening pursuant to Government Code Section 54956,8 to discuss the potential acquisition of property at 301 to approximately 309 South Santa Clara, to give instructions to the City's negotiator with regard to this acquisition of propert\ and with regard to the ongoing negotiations with Western Securit:: Bank", For the benefit of those present and the television audience, the City Attorney gave a brief review and explanation of the provisions of the Ralph M. Brown Act (California Open Meeting Law). Consideration of Text Amendment 93-001, adding regulations to the R-O and R-l zones prohibiting below grade tuck-under garages and subterranean garages as recommended by the Planning Department. However, because of the unique nature of hillside areas and to encourage development which is sensitive to hillside areas, below grade or subterranean parking may be appropriate in the design or remodeling of a new or existing dwelling. Staff 1 2/2/93 2. PUBLIC HEARING APPEAL MC 92- 073 (1320 S. Second Av.) (GATES DENIED) (PILLARS & LIGHTS APPROVED) Os-8o-.J.S;- 35:0029 recommends that Modifications be allowed subject to approval of the design by the Planning Commission, Mayor Fasching declared the hearing OPEN, No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tem Ciraulo, seconded by Councilman Lojeski and CARRIED. It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Margett and CARRIED on roll call vote as follows that the Negative Declaration be APPROVED and FILED; FIND that the text amendment will not have a significant effect on the environment; that Text Amendment 93-001 be APPROVED and staff is DIRECTED to prepare the appropriate ordinance. I AYES: Councilmen Ciraulo, Harbicht, Loj eski. Margett and Fasching None None NOES: ABSENT: Consideration of an appeal of the Planning Commission's denial of MC 92,073, a request for modifications for two 6' ,0" high wrought iron gates in lieu of 4' .0" allowed and for four 2' -0" high light fixtures to be mounted on top of 4' -0" high existing block columns for an overall height of 6' -0", at 1320 South Second Avenue (American Lombard Corporation, applicant/appellant), Mayor Fasching declared the hearing OPEN. Adel B, Moufarrei, 701 Callita, owner, American Lombard Corp" stated, in part, that the gates have been lowered from 6'0" to 5',0". Also, the 2' light fixtures on top of the pillars have been replaced with l' high fixtures, changing the height of the pillars (plus lights) to 4' -10". 3' -0" high pillars cannot support 4'-0" high wrought iron gates. The gates and lights were installed as protection against burglaries; the house is presently unoccupied, There are no street lights on the street, He requested a compromise allowing the 5' -0" height for the pillars and lights and 5' ,0" height for the gates, Edward Galvin, 1400 South Second Avenue, stated, in part that he is favor of this development, The east side of Second Avenue has no sidewalks; he and his family use this area as a crossing spot because of the lights. Ben Nakamura, 1328 South Second Avenue, stated, in part, that he would like to see this appeal approved. Second Avenue is a very dark street. People speed on the street, so it is dangerous to cross. The lights on this property help to provide a crossing spot. J. F. Strange, 1312 South Second Avenue, stated, in he thinks the lights on this property are beneficial. lights on properties on both sides of Second Avenue heights. He has no objection to this development. I part, that There are of similar No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Harbicht. seconded by Councilman Loj eski and CARRIED. Considerable discussion ensued among Council, Councilman Harbicht objected to the height of the gate, He does not understand why the gate should be five feet in height for security purposes when the fence is four feet in height, However, the lights on the pillars are a different issue; he has no problem with the lights, Councilman Harbicht would like to see Council take a look at the fence ordinance with regard to 2 2/2/93 I I MOTION (Gates) MOTION (Lights to 5' ) 3. PUBLIC HEARING COMMUNITY DEVELOP. BLOCK GRANT FUNDS 1993-94 (APPROVED) o ~3 0 :;,J) 35:0030 lights, In his oplnlon, a four foot high solid fence should not be allowed in front yards, If a four foot fence is constructed in a front yard, it should be an openwork fence, Mayor Fasching does not think a four foot fence is going to deter burglars, Also he feels that five foot high gates to match five foot high pillars would look nice; a four foot high gate is not realistic, There are all different heights of walls and gates throughout the City; he thinks this is a realistic figure, He agrees that Council should take a look at the fence ordinance, He also thinks it would be unfair to have the builder remove this, and would be in favor of the appeal. Councilman Margett doesn't think this property should be discriminated agains t, It is decorative, and he does not think it is out of line; there are other fences in the City which are higher, He agrees that the ordinance should be looked into, Councilman Loj eski has no problem with the lights exceeding the four foot height, The gates and walls should be no higher than four feet, Mayor Pro tem Ciraulo agreed that Council should look at the ordinance, He did not feel that Council should discriminate against this property; that it would not be out of line to approve the appeal, Councilman Margett would like to set this appeal aside for the present, put it back to Planning and take another look at it, It was MOVED by Councilman Harbicht, seconded by Councilman Loj eski and CARRIED on roll call vote as follows that the requested modification of MC 92-073 with respect to the height of the gates will not secure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development, and MOVE to DENY the portion of the appeal concerning the height of the gates, AYES: NOES: ABSENT: Councilmen Ciraulo, Harbicht and Councilmen Margett and Fasching felt that the ordinance is too should be modified) None Lojeski (Mayor Fasching restrictive and It was MOVED by Councilman Harbicht, seconded by Mayor Fasching and CARRIED on roll call vote as follows that the requested modification of MC 92-073 for the five foot height of the lights atop the block columns will secure an appropriate improvement. prevent an unreasonable hardship and promote uniformity of development, and MOVE to APPROVE that portion of the appeal concerning the height of the columns and lights. AYES: NOES: Councilmen Ciraulo, Harbicht, Loj eski and Fasching Councilman Hargett (the two items should not be divided - Council should hold off on decision for 60 days) None ABSENT: Consideration of CDBG (Community Development Block Grant) allocation for 19th year program (1993-94), The City has been advised by the Community Development Commission (CDC) that Arcadia will be receiving approximately $259,520 in Community Development Block Grants for fiscal Year 1993-94. In addition, the City has $14,201 in contingency funds (monies left over from previous projects) which should to be reallocated. The CDC has notified staff that the City must submit their cost and project summary to the County no later than February 19, 1993, Current project status and proposed projects (1993-94) are outlined in detail in staff report dated February 12, 1993, Proposed projects include: 1) 'Housing Rehabilitation Program' $198,865; 2) Contingency - $62,856; 3) Administration - $12,000. Mayor Fasching declared the hearing OPEN, 3 2/2/93 4. o C!-lo-iO 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (1/19/93) (APPROVED) 6c. ADJOURNMENT 7. 8. 8a. FINAL MAP 48792 (125-129 Fano St.) ()S"60- 1,0 35:0031 No one desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski. seconded by Councilman Harbicht and CARRIED, It was MOVED by Councilman Lojeski, seconded by Mayor Pro tern Ciraulo and CARRIED on roll call vote as follows to APPROVE the allocation of funds to proceed with the projects as outlined in the 1993-94 Cost Summary in staff report dated February 12, 1993, and AUTHORIZE the Director of Planning to execute the Memorandums of Understanding which are submitted to the County after a specific project is formally approved by the City, AYES: Councilmen Ciraulo, Harbicht, Loj eski. Margett and Fasching None None NOES: ABSENT: AUDIENCE PARTICIPATION I Johanna Hofer, 875 Monte Verde Drive, read excerpts from her Letters to the Editor, In one letter, she advised against affirmative votes regarding the school bond issue. She feels that $27 million dollars is an inflated amount. No one knows when property taxes may be raised and/or when properties may be reassessed. She noted the City reserves and the utility taxes collected by the City, and suggested that portions of these monies be shared with the schools. Another letter was in favor of Arcadia Ordinance No, 5713 with regard to restriction, constriction and control of the flow of illegal aliens in the country, She also suggested that perhaps fees could be charged to non-citizens upon the purchase or sale of property in this country; also additional fees for businesses owned by non, citizens in this country. Robert E, Muruhy, 2050 Canyon Road, stated, in part, that he has a problem with a tree near his property, About every eight years he has to pay about $3,200 to have his driveway repaved. Now the roots are moving toward his garage walls, He presented photographs, Mayor Fasching agreed that there is a problem, Councilmen will look at the problem and recommend a solution. which mayor may not involve the removal of the tree. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Harbicht, Loj eski, Margett and Fasching None ABSENT: On MOTION by Member Ciraulo, seconded by Member Lojeski, and CARRIED, the minutes of the meeting of January 19, 1993 were APPROVED. I The meeting ADJOURNED to 7:00 p, m., February 16, 1993, CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED Final Map 48792, for an 8-unit residential condominium project at 125-129 Fano Street, filed by Irene Chang (property owner), Approval subject to the condition that before the Final 4 2/2/93 I I 35:0032 Map is recorded, all outstanding conditions of approval shall be complied with, 8b. 0 3 <(t) -3 0 EQUIP.puReR. A~ARDED contract for the purchase of folder/inserter equipment (Folder! to Friden Neopost in the amount of $17,368,73, Inserter Mach. (Water Div.) 8c. ,d. ,e. J & f. 8g. ADVERTISE FOR BIDS (Drainage Improv.- Norman Av. Job No. 671) Oq:2.0- <10 8c. () 73rJ -,;U) COMMUNITY CTR.USE POLICY & FEE SCR. (APPROVED) 8d.IOtO-tO FIJ!.E PROT'N! RESCUE AUTOMATIC AID AGREEMENT (Arcadia! El Monte) (APPROVED) 8eJ'J'7"''' 1ifi WORK ACCEPTED (Resurface'n Pro j. - Second Av. Longden Av. to Bonita St. - Job No. 509) (APPROVED) 8f. 09~o "JO CONTRACT AWARD (Reconst. Deficient Sidewalk Var. Locations Job No. 535) Considered separately (see below) APPROVED plans and specifications for drainage improvements at 507,511 Norman Avenue - Job No. 671, The estimated cost of the project is $40,000, which will be funded from Gas Tax Funds as approved in the 1992-93 C.I,P. The City Clerk is AUTHORIZED to advertise for bids, IT WAS MOVED BY MAYOR PRO TEM CIRAULO, SECONDED BY COUNCILMAN MARGETT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS THAT CONSENT ITEMS a, b, and g, BE APPROVED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: It was MOVED by Councilman Margett, seconded by Mayor Pro tern Ciraulo and CARRIED to APPROVE the revised Arcadia Community Center Use Policy and Fee Schedule dated February 2, 1993, After discussion among Council and the Fire Chief regarding fire protection/rescue assistance unit response times and paramedic responsibility for service to Arcadia, it was MOVED by Councilman Margett, seconded by Councilman Lojeski and CARRIED to APPROVE the Agreement for Exchange of Fire Protection and Rescue Services Automatic Aid/Mutual Action between the City of Arcadia and the City of El Monte in a form approved by the City Attorney, It was MOVED by Councilman Lojeski, seconded by Mayor Pro tem Ciraulo and CARRIED to ACCEPT the resurfacing project on Second Avenue from Longden Avenue to Bonita Street - Job No. 509, Final payment in the amount of $329,651.13, funded from State Gas Tax Funds, is AUTHORIZED to be made to Boral Resources, Inc, in accordance with the contract documents. Ten percent (10%) ret:ention payment becomes due and payable 35 days after the recordation of Notice of Completion, and will only be released by the Director of Public ~orks on completion of all corrections of record. Considerable discussion was held between Council and the Public Works Director with regard to the reasons for the request for additional funds for this project, and the extent of the improvements to be accomplished. Councilman Margett requested the use of root barriers during the root pruning process to retard or slow the damage to sidewalks caused by tree roots. It was MOVED by Councilman Margett, seconded by Mayor Pro tern Ciraulo and CARRIED on roll call vote as follows to AWARD a contract in t:he amount of $96,729,60 to B,l Enterprise Corporation for reconstruction of deficient concrete sidewalk at: 5 2/2/93 8h. CONTRACT AWARD (Insp'n - Coating Six Wtr. Tanks - W. O. 695) (APPROVED) 07;;-0 -7";- 8i. ADVERTISE FOR BIDS ocr /<,-. '/,; (Cement- Mortar Steel Wtr. Main - Htg. Dr. (AP~ROVED) ()3 yO /0 8j. EQUIP. PURCH. (Public Safety Computer System) (Police! Fire) (APPROVED) 9. _. 9a. o 'g::>0 -'>' ORDINANCE NO. 1984 (INTRODUCED) 35:0033 various locations. Job No, 535; WAIVE all informalities in the bid or bidding process; and AUTHORIZE the Mayor and City Clerk to execute a contract in a form approved by the City Attorney, It was also MOVED to APPROPRIATE an additional $50,000 from Gas Tax Funds for reconstruction of additional deficient sidewalk, and AUTHORIZE the Director of Public Works to execute a Contract Supplemental Agreement to complete additional sidewalk reconstruction within appropriated funds, AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: At its regular meeting of January 19, 1993, the Ci:y Council awarded a contract in the amount of $586,049 to TECHNO COATINGS, INC, for the interior and exterior coating of six steel water tanks, The six tanks are located at the Canyon, Upper Canyon and Orange Grove plants. In the 1992-93 Capital Improvement Program, $753,275 was budgeted which included funds for the hiring of an inspection firm for this project. After some discussion with the Water Manager regarding this proposed inspection process. it was MOVED by Mayor Fasching, seconded by Councilman Margett and CARRIED to AUTHORIZE the Water Manager to issue a contract to LaMarr Enterprises in the amount of $31,560 for inspection of the coating for the six steel water tanks - Work Order 695, I Following considerable discussion among Council and responses to questions by the Water Manager, it was MOVED by Mayor Pro tern Ciraulo, seconded by Councilman Margett and CARRIED to APPROPRIATE $185,000 from the Water Replacement Fund for the cement,mortar lining of the 16" welded steel water main on Huntington Drive from Second Avenue to Santa Clara Street; AUTHORIZE City staff to proceed with the preparation of project plans and specifications and AUTHORIZE the City Clerk to advertise for bids. It was MOVED by Councilman Margett, seconded by Mayor Pro tern Ciraulo and CARRIED to AWARD Public Safety Computer project to Micrapoint Corporation and APPROPRIATE $750,000 (project cost plus California sales tax and 5% contingency) $262,500 from the Capital Improvement Program fund and $487,500 from the Police Asset Seizure account; AUTHORIZE final negotiation and execution of a contract consistent with the above, and subject to review and approval of the City Attorney. CITY ATTORNEY The City Attorney presented for introduction and read the title of Ordinance No. 1984: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING SECTION 9 TO ARTICLE V OF THE ARCADIA MUNICIPAL CODE ADOPTING TRIP REDUCITON AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089,3", I It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Ordinance No, 1984 be and it is hereby INTRODUCED. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: 6 2/2/93 I I 9b. ORDINANCE NO. 1985 (INTRODUCED) O~.;iO-70 9c. RESOLUTION NO. 5713 (ADOPTED WITH ADDITIONS) 0110- '?S-- 10. 11. ~ O/S 0-3'0 HARBICHT (Arc. High Sch. Constitution Team Champions) o s:s...... LOJESKI (Orange Grove Improvements Sub-Cmte) (Signal Sychroni- zation - Htg.Dr.) 35:0034 The City Attorney presented for introduction and read the title of Ordinance No, 1985: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING SECTION 8040 OF THE ARCADIA MUNICIPAL CODE REGARDING VARIANCES FROM THE BUILDING CODE", It was MOVED by Councilman Loj eski, seconded by Councilman Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1985 be and it is hereby INTRODUCED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No, 5713: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUPPORTING THE ENACTMENT OF FEDERAL LEGISLATION TO RESTRICT, CONSTRICT AND CONTROL THE FLOW AND EXISTENCE OF ILLEGAL ALIENS IN THE COUNTRY", It was MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Resolution No, 5713 be and it is hereby ADOPTED, with additions noted below, Councilman Margett noted that he would like to send a stronger message to the Federal Government with regard to immigration, He sees no reason that this country has to absorb this illegal immigration. Our society does not have the capacity to do this. California has been impacted by $3.4 billion annually in costs for social services, education, law enforcement and health care, Diseases that once were under control now have to be controlled again. This is a heavy burden on the State of California, Control over the sovereign borders of the United States has absolutely been lost. The benefits that result from immigration are completely outweighed by the substantial problems and burdens imposed by illegal immigration. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Councilman Harbicht noted that at a previous meeting Council contributed $500 to the Arcadia High School Constitution Team for travel expenses to Sacramento, The team won the State Championship for the second year in a row. A letter of commendation from the Council to be sent to the Faculty Advisor, Ron Morris. 7() Councilman' Lojeski would like to be considered for a position on the Arcadia/Sierra Madre sub-committee considering possible Orange Grove improvements when and if it is formed, Councilman Lojeski would like to make sure that the proposed traffic signal synchronization project on Huntington Drive is coordinated with the downtown revitalization plans, Staff responded that this matter has been called to Michael Freedman's attention. 7 2/2/93 LOJESKI (Against Licensing Cats) (CALED Seminar - Brea) (CableVision Problems) CIRAULO (Cable Vision Problems) 35:0035 Councilman Lojeski hopes there are no plans to require licenses for cats as proposed by the County, This would involve many problems, Councilman Lojeski mentioned the CALED Seminar to be held in Brea, This apparently will address entrepreneurship and efforts' to bring and keep business in the community, Councilman Lojeski would like staff to contact CableVision and express Council's dissatisfaction with the cablecasting efforts, Mayor Pro tem Ciraulo would like to know if CableVision has determined replay dates and times and if they are working on that item. I CIRAULO Mayor Pro tem Ciraulo congratulated the Police Department and (Police Dept. Captain Hinig for maintaining a Type I jail facility, This was Type I awarded following a recent inspection by the State Board of Jail ,acility) Corrections. (11 > ,..) '0 FASCHING ~ 0 (SGBWQA Rep. Margett) FASCHING (In Memory of Hazel Morris) MARGETT (In Memory of Claire A. Lotz) FASCHING (In Recogni- tion of Pat Gibson Jim Barrows Jim Romo) CLOSED SESSION POSTPONED Mayor Fasching noted that it appears that Councilman Margett will be a representative to the San Gabriel Basin Water Quality Authority for the cities with pumping rights, "I would like to adj ourn tonight's meeting in memory of a very long-standing friend of mine, Hazel Morris, Council people who attended some of the homeowner association lunches and brunches may remember her. Her husband, Don, was a dencist for many, many years in Alhambra, I believe Hazel was a member of the Assistance League for many years. She had been ill for quite a long period of time, and passed away approximately a week and a half or two weeks ago of cancer. She left her husband, Don; a daughter; and grandchildren, She worked for the Dorns for years - probably over thirty or thirty'five years selling real estate, Many are the homes in the Oaks, Rancho and Highland Oaks areas where sales were put together by Hazel, She will be missed and all of her contributions to this community, and so. appropriately, I would like to adjourn tonight's meeting in her memory." "I would like to adjourn tonight's meeting in memory of Claire A. Lotz. She was a long-time resident of Arcadia. She passed away January 11. She was actively involved in youth activities for over forty years and active in the Catholic Church in town, and also active in the Cancer Society, Claire was a registered nurse for twenty years, She was the daughter of Don Black, You probably remember him from Don's Plumbing Service - - the old gentleman who was still plumbing when he was ninety-four, ninety' five years old, Her sons, Mike and Jeff continue that business in town today, Claire is survived by her three sons and three grandchildren, Services were held January 18 at St, Luke's Catholic Church in Temple City". I "It is the custom to close the meetings in memory of departed Arcadians. However, tonight I would like to close in recognition of three people who were honored today at the PTA Founders' Lunch for their service and in recognition of their outstanding dedication to the children and the youth of this community, I would like to close the meeting tonight in recognition of Mr, Pat Gibson, Mr. Jim Barrows and Mr. Jim Romo, three outstanding men who have contributed greatly to our schools and our community." Mayor Fasching announced that the Closed Session originally scheduled to be held at the conclusion of this meeting has been postponed. 8 2/2/93 I I 12. ADJOURNMENT (Feb. 9,1993 5:30 p.m.) ATTEST: 35:0036 The City Council ADJOURNED at 10:05 p. m, to 5:30 p, m" February 9, 1993 in the Conference Room of the City Hall Council Chambers for an Adjourned Regular Meeting (Work Session) to conduct the business of the Council and any CLOSED SESSION necessary to discuss personnel, litigation matters and evaluation of properties. J 9 2/2/93