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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_~