HomeMy WebLinkAboutMARCH 2,1993_2
I
I
35:0051
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(2/9/93)
(2/16/93)
ORD. & RES,
READ BY
TITLE ONLY
CLOSED
SESSION
0/ /rJ - I./-D
1-
PUBLIC
HEARING
(Weed
Abatement)
(APPROVED)
.)1./'10-50
/q9~-q3
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
MARCH 2, 1993
The City Council met in a regular meeting at 7:30 p. m., Tuesday,
March 2, 1993 in the Arcadia City Hall Council Chambers,
Rabbi David Barnett, Temple Shaarei Tikvah
Boy Scout John Cripe, Arcadia Troop 103
PRESENT: Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
ABSENT: None
On MOTION by Councilman Lojeski, seconded by Councilman Margett
and CARRIED, the minutes of the adjourned regular meeting (work
session) of February 9, 1993, and the adjourned and regular
meetings of February 16,1993 were APPROVED.
It was MOVED by Mayor Pro tern Ciraulo, 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 met in CLOSED
SES'SION chis evening pursuant to Government Code Section
54956.9(a) to discuss the case of Matthews vs. the City of
Arcadia. Additionally, at the conclusion of this evening's
meeting, the Council and Arcadia Redevelopment Agency will adjourn
to a CLOSED SESSION pursuant to Governm~nt Code Section 54956.8
to discuss potential acquisition of propercy in the area of 301-
311 Santa Clara, and to give instructions to the Arcadia
Redevelopment Agency negotiators with regard to price and terms
in our negotiations with Wescern Security Bank".
On February 16. 1993, the City Council adopted Resolution No.
5715, declaring its intention to provide for the abatement of
noxious weeds, rubbish and refuse from certain private property
in the City. Said resolution set this date, March 2, 1993, as
the time and place to hear objections to the proposed removal of
such. As required by the Government Code, the County
Agricultural Commissioner has mailed the appropriate notice to
all property owners involved (list of property owners attached
to report dated March 2, 1993).
Mayor Fasching declared the hearing OPEN.
No one desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Lojeski, seconded by Councilman Harbicht and CARRIED.
It was then MOVED by Mayor Pro tern Ciraulo, seconded by
Councilman Margett and CARRIED on roll call vote as follows to
DIRECT the County Agricultural Commissioner to abate the nuisance
by having the weeds, rubbish and refuse removed from the
properties listed in the report dated March 2, 1993.
1
3/2/93
2.
PUBLIC
HEARING
MC 92-074
(1825 S.
Second Av.)
(DENIED)
0580-;;).5'
35:0052
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
Consideration of an appeal of the Planning Commission's denial
of Modification No. Me 92-074, a request to permit an existing
8' -6" high decorative block wall/wrought iron gate entrance
located at the front property line at 1825 South Second Avenue,
The wing walls flanking the entrance are 5' -0" in height. The
request is for all existing heights to be permitted in addition
to plans to construct a new 4' -0" high wall across the full
length of the front yard. The applicant, Annabel Tan, has
indicated that the gate that exists on the property at this time
was built by a previous owner of the property without a permit,
I
Mayor Fasching declared the hearing OPEN.
Annabel Tan, 1825 South Second Avenue, presented a letter setting
forth her reasons for requesting approval of her appeal from the
Planning Commission's decision in this matter. Her neighbors are
overwhelmingly in support of her appeal and of her request for
a permit to construct a 4' -0" fence across the front of the
?roperty. She feels that the fence and the gates improve the
appearance and property value of the neighborhood and will result
in higher property taxes to the City. A short fence would look
ridiculous for a two story house on such a large property. Also,
she has taken a survey and discovered there are many properties
with fences and gates as high as those on her property. She
presented a list of such properties to the Council.
No one else desiring to be heard, the hearing was CLOSED on
MOTION by Councilman Harbicht seconded by Councilman Lojeski and
CARRIED.
Considerable discussion ensued among Council. Councilmen
Harbicht and Lojeski agreed that the reason given that there are
many other properties in the City with high fences does not
justify approving this one; there are many two story houses in
the City without any fences at all. There is no problem with the
request to build a 4'-0" fence across the front of the property.
Mayor Pro tem Ciraulo also agreed, noting that the gates exceed
the Code limit by over 4 and 1/2 feet. He sees no reason make
an exception in this case. Councilman Margett agreed. He noted
that he might have considered gates that were slightly higher
than Code allowance, but these gates exceed the Code allowance
by a substantial amount. In reply to a question from Mayor
Fasching, staff responded that Code has never permitted gates of
such height. Apparently, the gates were constructed after the
final inspection of the house. Mayor Fasching would vote not to
allow the wall to go up, but would not vote to make the owners
take down the gates in view of the fact that there are many other I
such non-conforming gates and fences in the City. Staff pointed
out that some of the non-conforming gates and fences have
received modification approvals. The only means of determining
this is a check of the department files. The City Attorney
explained the legal procedure which states that when such
modification requests are not granted, the Building Division
staff sends a notice to the owner requesting that the situation
be brought into conformance with the Code. If the owners don't
comply, the matter comes to the City Attorney's office for
required legal action.
It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman
Hargett and CARRIED on roll call vote as follows to FIND that,
based on the evidence presented, that the requested modification
of MC 92-074 will nOt secure an appropriate improvement, nor
prevent an unreasonable hardship, nor promote uniformity of
2
3/2/93
I
I
FASCHING
(Downtown
Revitaliza-
tion
Strategy
Task Force
Mtg. -
3/15/93)
o (,fo-Od.
3.
3a.
SISTER CITY
COMSN.
(Johnson)
0/;;).0-60
3b.
SISTER CITY
COMSB.
(Efstathiou)
O/;LO -80
FIREFIGHTER'S
PANCAKE
BREAKFAST
4,
0/5,,-30
33:0033
development; and DENY the application for construction of a wall
across the front of the property at 1825 South Second Avenue
unless the gates are brought into conformance with City Code,
The gates may remain in place if a wall is not constructed,
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
Mayor Fasching announced to the audience as well as the telecast
audience that the Arcadia Redevelopment Agency is beginning to
develop long range strategy to revitalize downtown Arcadia. The
City has hired an urban design firm and, hopefully, with this
help, the downtown area can become the center for commercial
activity in Arcadia. This also will provide an opportunity for
the citizens to make a lasting contribution to the community.
The Council is asking the citizens to be a part of this process.
On Monday, March 15 the City will be conducting the first of at
least three community workshops to obtain input from citizens,
and identify any concerns which citizens feel should be
addressed. It is imperative that the community come together
and support this effort. This is a chance to be a part of
Arcadia's future, and Council looks forward to seeing some of the
citizens at that first public workshop. The meeting will be held
at the Community Center.
BOARDS AND COMMISSIONS
It was MOVED by Councilman Margett, seconded by Councilman
Harbicht and CARRIED on roll call vote as follows to appoint
Jean Johnson to the Sister City Commission to fulfill the
unexpired term of Barbara Hopp to June 30, 1994.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
It was MOVED by Councilman Lojeski, ,seconded by Councilman
Harbicht, and CARRIED on roll call vote as follows to appoint
Dean Efstathiou to the Sister City Commission to fulfill the
unexpired term of Vincent Burcham ending June 30, 1995.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
Mayor Fasching invited the audience to attend the Firefighter's
Annual Pancake Breakfast on Saturday, February 13th. The event
will be held at Fire Station #1 on Santa Anita Avenue.
AUDIENCE PARTICIPATION
Debbie Ewing, 924 Arcadia Avenue, introduced herself and stated
that she is a high school teacher in the Montebello Unified
School District, and she is a candidate for election to the
Arcadia School Board in the April 20, 1993 School Board election.
3
3/2/93
5
6730- Lfo
",Ie
5a.
CONTRACT
AWARD (Retro-
fit AC -
Fire Sta.iil)
O~50-7()
5b.
EASEMENT
GRANTED
SO.CAlIF.
EDISON CO.
(St.Joseph
Plant - 230
N.Second.Av.)
33:005-:'
CONSENT ITEMS
AWARDED contract for the retrofit of the air conditioning system
at Arcadia Fire Station One to F. M. Thomas Company in the amount
of $34,236.00; and APPROPRIATED $34,236.00 from the Capital
Improvement Budget. .
GRANTED an easement to the Southern California Edison Company
for installation of facilities at 230 N. Second Avenue - St.
Joseph Plant; and AUTHORIZED the Mayor to execute the right-of-
way docume~ts to provide for the instal!~tion of the necessary
Southern California Edison Company facilities.
I
5c.
EQUIP.PURCH, WAIVED the specific bid requirements and APPROVED the purchase
(Optical of the upgrade to the optical laserin~ system located in the City
Lasering Sys. Clerk's office from Micrapoint Equipment Corporation in the
Up-grade) amount of $3,850.00; and APPROPRIATED the funds from the Capital
(City Clerk) Outlay Fund.
03/f-D-In
0340- 3t'
5d.
EQUIP.PURCH.
(Chevrolet
Sedan)
(Fire Dept.)
6.
6a.
CITY TREE
REMOVAl
(2050 Canyon
Road)
(APPROVED)
0','-1." '/7'
WAIVED non-compliance with the specific bid process of the City
of Arc3dia and AUTHORIZED the purchase of one 1993 Chevrolet
Caprice Classic LJ Sedan (Model lBN19) from Maurice J. Sopp and
Sons Chevrolet in the total amount of $15,985.28, based upon the
Los Angeles County contract T- 337. Funds budgeted in the
Equipment Replacement Fund FY 1992-93.
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY
COUNCILMAN HARBICHT, SECONDED BY COUNCILMAN LOJESKI AND CARRIED
ON ROLL CALL VOTE AS FOLLOWS:
AYSS:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
CITY MANAGER
Reconsideration of citizen request to remove a City tree at 2050
Canyon Road. The current City Council policy for justified
parkway tree removal is that the tree must be dead, diseased or
create a serious public hazard. However, there have been
approved exceptions to the policy by the City Council that permit
removal of a tree of an undesirable species that is causing a
serious nuisance if the property owner pays the cost of removal
and the cost of a replacement tree. The Council considered an
option that would discourage removal of trees, and yet ease the
burden on the property owner for root pruning, removing severed
roots, and installing root barriers. City forces would do the
work at the advice of a certified arborist if the property owner
would sign a waiver of liability, allow and approve of the work
to be done on hisfher property, and agree to incur 50% of the
costs. The estimated cost for the work is approximately $8 per
lineal foot. Repair of the driveway or other physical items
damaged by the root would still remain the responsibility of the
property owner. Staff recommends the new policy be approved by
Council on a one-year trial basis. Each tree problem to be
considered independently by Council before action is taken.
I
Mayor Pro tem Ciraulo MOVED to APPROVE the recommendation that
City crews would perform the work on the City parkway tree on
private property at 2050 Canyon Road, of root pruning, removal
4
3/2/93
I
I
7.
7a.
ORDINANCE
NO. 1986
(ADOPTED)
OS/1o - res
7b.
ORDINANCE
NO. 1987
(ADOPTED)
055:.-'75
7c.
RESOLUTION
NO. 5716
(ADOPTED)
(. ~ ,:)"r 0
JS:OOSS
of severed roots and installation of root barriers upon agreement
of the property owner to incur 50% of the costs and sign a waiver
of liability. This motion was SECONDED by Councilman Margett.
Councilman Harbicht said that he would like to see the homeowner
have an option to have a tree cut down or provide a root barrier
at his expense. Councilman Lojeski would like the City to have
control of such procedures. There could be a liability factor
in the event the work on the roots should weaken the tree,
possibly causing it to fall during a windstorm, etc. Mayor
Fasching agreed that the City should have control in order to see
that the work is done properly. City staff should provide
service to the homeowner to counsel about alternatives. The
Mayor would like to see the trees saved whenever possible, and
the problem solved by the means of the alternatives of root
barriers, etc. It was agreed that the cost to provide 50% of the
cost of such removal or root pruning could result in a large
financial liability for the City. Staff has had communication
from the property owner at 2050 Canyon Road that he does not want
to remove the tree at his own expense. Mayor Pro tem Ciraulo
WITHDREW the motion.
Following further discussion, it was the consensus of Council
that the decision of February 16, 1993 regarding the City tree
at 2050 Canyon Road shall remain, i. e., approval of the option
of removal or root pruning by City approved contractors, at the
owner's expense. City policy for tree removal shall remain as
it is, with the understanding that each application for tree
removal will be acted upon on a case-by-case basis, and that
staff will assist residents with information about alternatives,
such as root barriers, etc.
CITY ATTORNEY
The City Attorney presented and read the title of Ordinance No.
1986: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
AMENDING SECTIONS 9251.2.12 AND 9252.2.21 OF THE ARCADIA
MUNICIPAL CODE PROHIBITING BELOW GRADE, TUCK-UNDER AND
SUBTERRANEAN GARAGES IN THE R-O AND R-l ZONES".
It was MOVED by Councilman Margett, seconded by Councilman
Harbicht and CARRIED on roll call vote as'follows that Ordinance
No. 1986 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 Ordinance No.
1987: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTION 7230 OF THE ARCADIA MUNICIPAL CODE
REGARDING RIGHT-OF-WAY STRUCTURAL OBSTRUCTIONS".
It was MOVED by Councilman Lojeski, seconded by Mayor Pro tem
Ciraulo and CARRIED on roll call vote as follows that Ordinance
No. 1987 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.
5716: "A RESOWTION OF THE CITY COUNCIL OF THE CITY OF ARCADI/\
REQUESTING THE c(JNSTRUCTION OF A SOUNDWALL ON THE WESTBOUND ROUTE
5
3/2/93
7d.
AGREEMENT
EXTENSION
(ArcadiaN.
Lawson
Martin III
7/13/93)
(APPROVED)
0540-30
7e.
CLAIM OF
A.VASCONEZ
(DENIED)
(0 '+0 - tfc
8.
8a.
COMMUNITY
DEVELOP.
BLOCK GRANT
FUNDS
REAlLOCATION
(APPROVED)
6 S.3'o-J~
9.
HARBICHT
05';;>6 -SO (Azusa. .
GraffHl.
N 5 P Removal
Program)
LOJESKI
()') \r)" to (Arc.Meth.
NSP Hosp.
Agreement)
j3: \~J()56
210 FREEWAY IN ARCADIA FROM SECOND AVENUE TO FIFTH AVENUE MID
APPROVING A CONTRIBUTION OF 33% OF THE ESTIMATED COST OF THE
SOUNDWALL PROJECT".
It was MOVED by Mayor Fasching, seconded by Councilman Margett
and CARRIED on roll call vote as follows that Resolution No. 5716
be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Ciraulo, Lojeski, Margett and Fasching
Councilman Harbicht
None
It was MOVED by Councilman Harbicht, seconded by Councilman
Margett and CARRIED on roll call vote as follows to APPROVE
extension of Agreement with W. Lawson Marcin III to continue
public hearings to July 13, 1993 on TA 92-006 and Z 92-003
regarding hillside single family zone. The Martins have agreed
to remain subject to the terms of the agreement during the
extended period.
I
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
On recommendation of the City Attorney the claim of A. Vasconez
was DENIED on MOTION by Councilman Lojeski, seconded by
Councilman Harbicht and CARRIED on roll call vote as follows:
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
MATTERS FROM STAFF
It was MOVED by Councilman Harbicht, seconded by Councilman
Lojeski and CARRIED on roll call vote as follows that Council
confirm that, pursuant to Government Code Section 54954.2, the
need to take action on the revised reallocation of 1993-94
Community Development Block Grant funds arose subsequent to the
posting of this meeting's agenda.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman
Harbicht and CARRIED to APPROVE reallocation of Community
Development Block Grant funds for a total 1993-94 allocation of
$307,501, which includes the additional funds of $47,981.
I
MATTERS FROM ELECTED OFFICIALS
Councilman Harbicht noted that the City of Azusa has distributed
small size notices giving the telephone hotline number to call
for graffiti removal. He requested staff to contact the City of
Azusa for further information as to cost, and to learn how
effective this program has been.
Councilman Lojeski expressed appreciation to Gary Rogers in
Personnel for working out the agreement for employee medical
services with Arcadia Methodist Hospital.
6
3/2/93
LOJESKI
(Library
0730-7<1 Expansion
/'Is, p & Remodel' g
Input)
(Appreciation
for
Finance
Report)
I
(Fire
OU Dept. &
T~O-70Disaster
JlS f Prepared-
ness
Exercises)
FASCHING
(Library
Expansion)
CIRAULO
(Graffiti)
(Parking &
Disrepair
Probleins -
Code
Enforcement)
HARGETT
(Graffiti
Removal
Program)
I
LOJESKI
[In Memory
of Robert
Anthony
(Rob)
Wells]
35:0057
Councilman Lojeski also called attention to the March 15-19
design camp regarding the Library expansion and remodeling. He
would like the citizens of Arcadia to know that their input is
important. Librarian Kent Ross can be contacted for further
information.
Councilman Lojeski thanked Jim Dale and the Finance Department
staff for the outstanding comprehensive financial report they
presented.
Councilman Lojeski recently accompanied some of the Fire
Department personnel on a training exercise. He was very
impressed with the efficiency of the operation. Councilman
Lojeski said it might be instructive at some point to invite some
of the news people to observe this training. It would be good
communi ty news. Staff noted that there is to be an emergency
preparedness training exercise May 27 from 8:00 a. m. Co 12 noon,
as a test of the City's disaster preparedness.
Mayor Fasching said there seems to be widespread impression in
the City that the Library is going to be torn down and rebuilt.
This is not the case. The Library is to be remodeled and added
onto for more room so it will be an improved and up-to-date
facility.
Mayor Pro tem Ciraulo called staff's attention to graffiti he~had
-.......
noticed on Second Avenue just north of Huntington Drive on the -,-
pylons that support the freeway, and also along the same street
on some of the redevelopment signs on the east side properties.
Mayor Pro tem Ciraulo said there is a property on the north side
of Duarte Road between Santa Anita Avenue and First Avenue where
several vehicles including a trailer are parked on the front
laWn. Also the house is in disrepair. Staff will look into
this.
In response to a question from Councilman Margett, staff said
that it is standard operating practice that any employee who
happens to see any graffiti either on private or public property
is to notify the proper person at City Hall so that the problem
can be remedied. Also, there is to be a review of the graffiti
program outlining general experience to date and some of the
problems that have been encountered. This will be scheduled for
an upcoming work session. Councilman Margett said it should be
a Council agenda item because it is a matter of interest to the
residents.
"Robert Anthony (Rob) Wells was born April lO, 1961 in Alhambra,
California, and passed away very suddenly on February 20, 1993
in Los Angeles, California at the young age of thirty-one. Rob
was educaced in the Arcadia school system, and graduated from
Arcadia High School. During that period of time he was a member
of Chief Neal Johnson's car club. He attended the University of
Missouri School of Journalism and graduated from the Broch
Institute in Santa Barbara in Photography. Rob lived in
Monrovia, and was a specialist in air cleaning technology at the
time of his death. He was a devoted father and husband; his life
was his family and home. He had an unselfish spirit and was
always tolerant of the attitudes, words and actions of others.
He was an over-achiever, a hard worker who loved each day and
always responded in a happy and grateful manner. Among his
immediate family, Rob leaves his wife, Tina; a son, Robert, age
7
3/2/93
) J: ()Q53
five; a daughter, Briana, age one and a half; mother, Caye Nuss;
father, Jack Wells; twin brothers, Mike and Dan; and sisters,
Lisa and Lynn. Services were held February 25, 1993 at the
Church of Our Heritage with burial in the Churchyard Section of
Forest Lawn, Covina Hills. Rob and his family were very close
friends of not only mine personally, but of the City of Arcadia.
May our hope, our love and our prayers be wi th Rob and his
family. I ~ould like to adjourn tonight's meeting in memory of
my friend, Rob Wells."
10.
ADJOURNMENT
(Mar.9,1993 -
5: 30 p. m. )
The City Council ADJOURNED to a CLOSED SESSION, RECONVENED and
ADJOURNED at 10:17 p. m. to 5:30 p. m., Tuesday, March 9, 1993
for an Adjourned Regular Meeting (Work Session) and to conduct
the business of the Council and any CLOSED SESSION necessary to
discuss personnel, litigation matters and evaluation of
properties.
ATTEST:
I'
J
Ii
8
3/2/93
~_~,_r_~