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HomeMy WebLinkAboutFEBRUARY 18,1992_2 I 1 OliO - -, on ~,;j IX tJ t), 34:0044 ('- e CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Feb.4,1992) (APPROVED) ORD & RES. READ BY TITLE ONLY CLOSED SESSION vIIi,) . ,If! SO. CALIF. EDISON CO. M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 18, 1992 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:40 p, m., Tuesday, February 18, 1992 in the Arcadia City Hall Council Chamber. Rabbi David Barnett, Temple Shaarei Tikvah Police Officer Don Wi1sterman PRESENT: ABSENT: Councilmembers Ciraulo, Fasching, Young and Gilb Mayor Pro tem Harbicht On MOTION by Counci1member Young, seconded by Councilmember Ciraulo and CARRIED, Mayor Pro tem Harbicht was EXCUSED. On MOTION by Counci1member Ciraulo, seconded by Counci1member Fasching and CARRIED, the minutes of the adjourned and regular meetings of February 4, 1992 were APPROVED. Council- member Young ABSTAINED since she was not present at the February 4, 1992 meeting. It was MOVED by Counci1member Ciraulo, seconded by Council- member Young 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 a CLOSED SESSION this evening pursuant to Government Code Section 54956.8 to give instructions to the City's negotiators with regard to potential real estate transactions involving the Santa Anita Mall in our negotiations with Bill Doyle of the Hahn Company and Glen Carpenter of Santa Anita Realty Enterprises". PRESENTATION Mr. Greg Woodson of the Southern California Edison Company, 1440 South California Street, Monrovia, was present to acknowledge the efforts of the Manager and the entire Water Division staff with regard to the electrification of the Peck Road well in the City of Arcadia. This project represented the single largest conversion in the Western Division last year. He presented to the Mayor and City Council a plaque on behalf of the Southern California Edison Company honoring the City's commitment to air quality in the San Gabriel Valley, as well as its concern and support. The plaque was accepted 1 2/18/92 SAN GABRIEL VALLEY ASSOC. OF CITIES {,Councilmember Young) 1. PUBLIC HEARING TEXT AMENDMENT 92-001 (Razor Wire Prohibited & Barbed Wire Prohibited Where Visible From Public Streets) (APPROVED AND GRANDFATHER EXISTING BARBED WIRE) 05"" 1?o ~{. ..,- 34:0045 by Mayor Gi1b, together with the Planning Director and Water Division Manager. Councilmember Fasching recently attended the annual dinner of the San Gabriel Valley Association of Ci ties, in Councilmember Young's absence. That Association had planned to honor Counci1member Young as outgoing President of the Association with a plaque in recognition of distinguished and devoted service as President. In accordance with the wishes of the Association, he presented this plaque to Counci1member Young on behalf of the San Gabriel Valley Association of Cities. Mayor Gilb remarked that Counci1member Young had been one of the original members of the San Gabriel Valley Association of Cities eight years ago, and through the years has chaired many committees and attended many, many meetings, regarding the problems that the San Gabriel Valley Cities have in common, i. e., air quality, transportation, trash, etc. She distinguished herself as President of the organization and Arcadia is very proud of her. I The Council directed staff to prepare this text amendment for the consideration of prohibiting installation of barbed wire or razor wire on private property in locations where it will be visible from public streets, and to provide an abatement period for the removal of existing installations. It would not apply to locations which are along any public alley. It would also require that any location that has such fencing be brought into compliance within one year of the effective date of the ordinance. Any requests for installations which would not be in conformance with the requirements could be considered for modification by the Modification Committee. The Planning Commission at its January 28, 1992 meeting recommended approval of this text amendment. A Negative Declaration has been prepared. Mayor Gi1b stated that he was opposed to the inclusion of the prohibition of barbed wire in this Text Amendment. He recalled that when this question had originally been discussed, it concerned use of razor wire at an auto body shop on Live Oak Avenue, and barbed wire had not been discussed. He noted that staff had observed barbed wire and/or razor wire at 45 locations in the City, 'and that these property owners are probably unaware of this proposed text amendment. He also noted that prohibiting the use of barbed wire would impose a considerable hardship at many locations, in particular, the Santa Anita Race Track which has a very large back area where horses, tack, equipment, etc., must be protected. This text amendment would also affect the National Guard Armory, Southern California Edison, as well as numerous smaller businesses and installations. Insurance rates will probably be higher and the potential for robbery and vandalism in the City will certainly be increased. He is not in favor of requiring the removal of the barbed wire; the razor wire is another matter. Councilmember Fasching agreed that the original discussions had been directed to the razor wire. Mayor Gi1b asked if there would be a consensus of Council to remove the barbed wire prohibition from the Text Amendment. Perhaps the future installation of barbed wire could be handled by means of modification requests. Counci1member Young added that she is sure the Methodist Hospital has barbed wire at their oxygen storage site, and that Fou1ger Ford has barbed wire around a supply enclosure on their property. Counci1member Ciraulo would not like to see a lot of new barbed wire fencing go up. Counci1member Fasching suggested a grandfather clause to protect the properties that already have barbed wire, and that new barbed wire which could be seen from public streets will require a modification. Counci1members agreed. 1 2 2/18/92 I I 2. PUBLIC HEARING TEXT AMENDMENT 92-002 (Amending AMC to Allow Llamas Under the Same Provisions As Horses) (APPROVED) O~'?t'(J -G~ 34:0046 Mayor Gilb declared the hearing open. Art Hershev, Santa Anita Park, Arcadia, stated, in part, that the implementation of this text amendment would create a very serious problem for the Santa Anita Race Track. Also it would create problems for the 44 other organizations that have barbed wire installed. The Santa Anita Race Track has 2,100 valuable thoroughbred horses on the property with a potential for loss in the aggregate of 420 million dollars. This in addition to other equipment, gear, tack, personal property, etc. Removal of the barbed wire would present a very serious problem. The Track has no razor wire on the property. There had been a small amount of it: at one time; it was removed because the Santa Anita Race Track did not want the liability and because it was unsightly. He would urge Council to consider the grandfather clause mentioned earlier. Harold Ellis, 1504 South Eighth Avenue, st:ated, in part, that he agrees with Mayor Gi1b. He suggested that if Council is not of a mind to exclude the barbed wire and wishes to continue the hearing, that all part:ies who have barbed wire on their properties should be notified so that they may attend a public hearing and present their views. No one else desiring to be heard, the hearing was CLOSED on MOTION by Counci1member Fasching, seconded by Councilmember Young and CARRIED. It was MOVED by Councilmember Ciraulo, seconded by Counci1member Young and CARRIED on roll call vote as follows to APPROVE and FILE the Negative Declaration and find that Text Amendment 92-001 will not have a significant effect on the environment; and DIRECT staff to prepare the appropriate ordinance prohibiting any new installations of razor wire fencing; and requiring existing razor wire to be removed within one year of the effective date of the ordinance; allowing existing barbed wire fencing to remain; and prohibiting new installations of barbed wire in places where it will be visible from a public street unless approved by the Modification Committee. AYES: NOES: ABSENT: Counci1members Ciraulo, None Mayor Pro tern Harbicht Fasching, Young and Gi1b Consideration of Text Amendment 92 -002, amending Sections 4131.1 and 9252.1.4.1 of the Arcadia Municipal Code to include llamas as domesticated animals and to include them in t:he requirements governing "equine animals". The Planning Commission at its January 28, 1992 meeting voted to recommend approval. The Commission, in reviewing the applicant's request, noted that llamas are smaller than horses; and they did not think that allowing llamas in the City would result in a substantial influx of llamas. A Negative Declaration has been prepared for this text amendment. Mayor Gi1b declared the hearing OPEN. Sean Cheng, 42 East Camino Real, the applicant, stated, in part, that he had prepared extensive information about llamas for the Planning Commission; that the llama is a pet; that it is very clean and very quiet. He also stated that he lives on a large property so the llama will not be within 35 feet of any neighbors or structures. 3 2/18/92 3. PUBLIC HEARING STREET LIGHTS PAMELA RD. FROM SANTA ANITA AV. TO NAOMI AV.- (NO ACTION - WITHDRAWN FOR LACK OF MAJORITY REQUEST) () q.f() ~.hO 34:0047 No one else desiring to be heard, the hearing was CLOSED on MOTION by Counci1member Fasching, seconded by Councilmember Ciraulo and CARRIED. It was then MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows to APPROVE Text Amendment 92 ,002; APPROVE and FILE the Negative Declaration and find the text amendment will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. AYES: NOES: ABSENT: Councilmembers Ciraulo, None Mayor Pro tem Harbicht Fasching, Young and Gi1b Consideration of a petition for street lights - Pamela Road from Santa Anita Avenue to Naomi AVenue. Notice regarding this hearing and adopted Resolution of Intention No. 5643 were posted February 7, 1992, and published in the Arcadia Tribune February 2 and February 6, 1992. The estimated total cost of the project is $66,500. The City will pay 75% of the installation costs; the property owners will pay the remaining 25% plus 100% of.future power and maintenance costs through annexation to a lighting maintenance district. The City will, advance "he property owners' 25~ share of installation cost from the Capital Outlay Fund, then the property owners will reimburse the City at their option, either in one lump sum cash payment which will amount to approximately $240.00, or with 7% interest over a ten year period which is approximately $34.00 a year. This project is categorically exempt from the requirements of the California Environmental Act. Before this meeting each Councilmember received a revised petition revoking some of the signatures on the original petition. The original petition indicated approval of owners of 60% of the frontal footage of the total property. I t appears at this time that only 50.72% of these owners are indicating approval. Since approval by owners of at least 60% of frontal property is required before the City can proceed with the installation of street lights, Mayor Gilb noted that a public hearing is not necessary. However, he would like to inquire of the Pamela Road residents who are present why they are opposed to the installation of the street lights, since some of them had requested that their names be withdrawn from the original petition. I Hans J. Vis, 178 West Pamela Road, stated, in part, that he was originally in favor of the installation of the street lights on Pamela Road. However, after a discussion with the Public Works Director and seeing the proposed plan, he changed his mind. The plan called for almost 100% more lighting than that on the adjoining streets; and installation of light fixtures of the type to be seen on Santa Anita Avenue, rather than those to be seen on the residential streets. He is 1 opposed to the number "type of lamps and the brightness of those lamps. In reply to questions from Mayor Gilb, the Public Works Director responded that the type of lamps that had formerly been installed on residential streets were the Colonial type of lighting. The poles were 16 feet in height and usually 150 feet or so distant from each other. The proposed lighting is what is now proposed by the Illumination Engineers' Society of North America and they recommend this lighting fixture for greater diffusion over a larger area, so there are not dark spots in the street, and that the illumination is at a safe level. The design is based upon these recommendations. The poles are to be 28 feet, 9 inches in height and they are 120 feet distant from each other. Mr. Vis said he would be in favor of smaller lamps and greater distance between them which would be the same as the lamps on Naomi Avenue which were installed only a few years ago. 4 2/18/92 ' I 1 4. 10(,.0 -10 34:0048 Larrv Darden, 173 West Pamela Road, stated, in part, that he found t:hat cost was the main reason for most of the people who revoked the request. He opposed it because it will do away with the country atmosphere, and because there will be too many lights. He does not want the lights; he does not think they are necessary. Judv Rothrock, 52 West Pamela Road, stated, in part, that she is opposed to having any lights on the streets. There are a number of homeowners who have porch lights and decorative lights in the front; there is ample light on the street. There is no problem with crime. It is not fair to older residents to subject them to installation of street lights with open-ended power and maintenance costs. She does not think lights are needed on the grounds of safety or of cost. The bright lights contemplated would make the street look like a circus coming to town. Charles Miller, 160 West Pamela Road, stat:ed, in part, that he is in favor of the lights; he is in favor of both the proposed number and height of the lights. He feels Naomi is a very dark street even with the lights. He noted that a plate glass window was shot out one night; maybe that would not have happened with brighter lights. It is hard for visitors to find a certain house. He hopes that people who are opposing this are not renters, rather than property owners. Lucille Lloyd, 190 West Pamela Road, stated, in part, that she is the one who circulated the original petition, and that the signers are property owners, not renters. She feels the street needs lights. The street is almost in total darkness when turning from Santa Anita Avenue or E1 Monte Avenue. Mayor Gi1b stated that, without a majority of 60% in favor of the lights, Council can not proceed. Perhaps the Pamela Road residents could have a meeting to decide what they wish to do. Councilmember Fasching inquired if different type lights can be installed. Staff responded t:hat Council has a choice; however, although the Illumination Engineers' Society standards are not legally required, they are the standard to which the lighting industry adheres. If Council desires to approve a lesser standard, it is somewhat of a risk. Mayor Gi1b stated that since the petition lacks a 60% majority, the report will be filed and NO ACTION TAKEN. AUDIENCE PARTICIPATION Harold Ellis, 1504 Eighth Avenue, stated, in part, that he is present oecause he has been encountering a problem in obtaining public records' again. On January 24 he was informed by the Clerk that the City Attorney'has directed that any request made for a public record would have to be in writing. He finds this to be in conflict with the California Public Records Act. On January 27 he wrote to the City Attorney requesting clarification, i. e., the exact: procedure to be followed, the statutory on case law authority, and if this policy applies to everyone or to Mr. Ellis specifically. He has not received a response. The City Attorney replied that a letter will go out the following day in response to these questions. 5 2/18/92 () 7 vn ~I{l NSP 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (Feb.4,1992) (APPROVED) 6c. ADJOURNMENT 7. 8. 8a. PUBLIC HEARING SCHEDULED (Mar.3,1992) ('"' ~G! . <'.'" 8b. FINAL MAP 49345 (8-unit Res.Condominium 1223 Golden West Ave.) iJ ;;;'i!30 - 60 34:0049 Garv Hosteller, 146 East Duarte Road, stated, in part, that he had sent a letter to the Council regarding the Beauty Pageant Photo Day Contest he was running at Wilderness Park in Arcadia. After the February 2 event, he received a telephone call from the Recreation Director informing him that he does not fit the criteria for the standards to hold such an event at Wilderness Park. He has been running this event for about a year now, and it is a great deal of work. It is a self help type of thing; a free way for young ladies who cannot afford the thousands of dollars it takes to become a model to have an opportunity to do so without charge. Photo Days International had informed him that he was running the best, biggest event and in the best location. Mayor Gilb replied that Wilderness Park is owned by and controlled by the City of Arcadia. In order for an organization to use the park, it must be composed of at least 50% Arcadia residents. This organization does not qualify. Council has received numerous calls and letters from residents in the area who were offended by this activity. It was the responsibility of the Recreation Director to shut down the operation, The Council is in agreement that the Park will not be used for this activity any longer. I CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Ciraulo, Fasching, Young and Gilb Agency Member Harbicht On MOTION by Member Young, seconded by Member Fasching and CARRIED, Member Harbicht was EXCUSED. On MOTION by Member Ciraulo, seconded by Member Fasching and CARRIED, the minutes of the meeting of February 4, 1992 were APPROVED. Member Young ABSTAINED since she was not present at the February 4, 1992 meeting. The meeting ADJOURNED to 6:00 p. m., March 3, 1992. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED FOR MARCH 3. 1992 for consideration of an appeal to the Planning Commission's denial of MP 92-001, modifications for a proposed 3-unit apartment building project located at 15 Genoa Street (Nimer Y. Matta, appellant/owner/developer). I APPROVED Final Map 49345 for an 8-unit residential condominium conversion at 1223 Golden West Ave. (Margaret Yang, owner). Approval is subject to specific conditions as enumerated in the Planning Department staff report of February 18, 1992 and that all outstanding conditions of approval, as outlined in Public Works Department staff report dated February 5, 1992, shall be complied with to the satisfaction of the Director of Public Works. 6 2/18/92 I I 8c. TPM 90-014 PM 22741 R/W DEDICATION - CLARK ST. OS~6() ~ SO 8d. WORK ACCEPTED ELECTRIFICATION OF PECK RD. WELL (W.0.693) /:"'} , l " <"l ./ ,..., (... ~ (' . 8e. EQUIP. PURCH. WATER METERS (Water Div.) OJ -In _..., t1 (,..')~ 8f. MEMBERSHIP DUES AMER.COMMUNITIES FOR CLEANUP EQUITY o ?.;J.(J ~ ~~ 0 9. 9a. ARCADIA GENERAL PLAN STATUS REPORT (RECEIVED AND FILED) 0-"'::''''' t,;) 34:0050 ACCEPTED all dedications for public right-of-way purposes as shown on Parcel Map No. 22741. One of the conditions of approval of Tentative Parcel Map 90-014, to create thirteen (13) lots from one hundred nineteen (119) lots, is that the property owners dedicate five (5) feet on Clark Street and sufficient land for a cul-de-sac intersection at Durfee Road and Clark Street for street purposes. Also, TPM 90-014 provided for the abandonment of the approximately 130 feet of the northerly half of Clark Street east of Durfee Road. ACCEPTED project and AUTHORIZED final payment to be made in accordance with the contract documents to R.C. Foster Corporation for the electrification of Peck Road Well - W. O. 693. The contract in the amount of $114,133 was funded from the Water Facilities Replacement Fund. An agreement with the Southern California Edison Company provided the City with $105,059 in rebates. Ten percent (10%) retention payment becomes due and payable 35 days after recordation of Council acceptance and will only be released by the Director of Public Works on completion of all corrections of record. AWARDED contract for the purchase of water meters to the low bidder, Schlumberger Industries in an amount not to exceed $50,000.00. Funds for the purchase of the water meters are budgeted in the Water Division Fund FY 1991-92 in the amount of $50,000.00. Purchases to be on an "as needed" basis for the period of one year. The contract also includes a trade- in allowance for used meters. APPROVED annual membership dues in the amount of $2,000 for membership in the American Communities for Cleanup Equity, and APPROPRIATED $2,000 from General Fund reserves for this purpose. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER FASCHIMG, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Ciraulo, None Mayor Pro tern Harbicht Fasching, Young and Gilb CITY MANAGER Council has received the Annual report on the status of the General Plan. This is a report required by the State. The City is required to annually look at the General Plan and submit a report showing what steps have been taken during the previous year to implement the Plan; what implementation steps have not taken place, etc. The City Council, after review, can file the report as presented and staff will continue to implement the action programs as set forth in each element unless directed otherwise by the Council. It was then MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows to RECEIVE and FILE the status report of the General Plan. AYES: NOES: ABSENT: Councilmembers Ciraulo. None Mayor Pro tern Harbicht Fasching, Young and Gilb 7 2/18/92 10. lOa. RESOLUTION NO. 5645 (ADOPTED) 01/'-";0 _,0 I ~ (if J) -d.. lOb. & 10c. CLAIMS OF D. VAN IWAARDEN & R.HARKNESS, JR. (DENIED) /@ 1fJ ~ :1'(:) 11. 12. ALFORD (April 14,1992 City Election Preparations) CIRAULO (Repair of Street Potholes) FASCHING (Standards for Street Lighting) :)(;/ . "- ,'\ \." "I \ (I r . ' ... ~ . GILB (Standards for Street Lighting) (' /,) '"I '0 ('!'/ ('l -~1. NS t-' 34:0051 CITY ATTORNEY The City Attorney presented and read the title of Resolution No. 5645: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF - PUBLIC HEARING MARCH 3, 1992" It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5645 be and it is hereby ADOPTED and that the public hearing be set for March 3, 1992. I AYES: NOES: ABSENT: Councilmembers Ciraulo, None Mayor Pro tern Harbicht Fasching, Young and Gilb On recommendation of the City Attorney, the claim of D. Van Iwaarden and the claim of R. Harkness, Jr. were DENIED on MOTION by Councilmember Young seconded by Councilmember Fasching and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Ciraulo, None Mayor Pro tern Harbicht Fasching, Young and Gilb MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS The City Clerk noted that the preparations for the April 14, 1992 election are on track. Councilmember Ciraulo inquired about repair of potholes in the streets following the recent rain storms. Staff replied they are searching for and repairing the potholes. Councilmember Fasching stated, in part, that, following the comments of the residents on Pamela Drive, it was his impression that a number of the residents would like to have lighting on their street; they just did not want the exceptionally bright lights proposed by the Public Works Department. He understands their feelings in this matter, but he also feels that the darker streets in the City need lighting. He wonders if it would not be possible to install lights which are not so bright, even if they do not meet the standards outlined by the Public Works Director. Perhaps, in the future, residents could be offered an option as to the type of lighting fixtures that could be installed. I Mayor Gilb suggested a form letter be sent to the Pamela Drive residents proposing a meeting to discuss different light fixtures. Staff suggested a report giving some idea of what it would take to use lower lighting standards to maintain the country look and still provide lighting that is acceptable. 8 2/18/92 I I YOUNG CIRAULO (Residents' Objections to Street Lights) 0930.3(") AJ...\p CITY ATTORNEY (Report) ()t:(S()~ '\(':) GILB (SGVAC Award to Counc il- member Young) 13. ADJOURNMENT (Mar.3,1992 - 6:00 p.m.) ATTEST: 34:0052 The Council does not legally have to abide by these standards, but can approve what Council would determine to be a reasonable risk factor. However, Council should first discuss this in closed session. Mayor Gilb said this was the first time residents had turned down installation of lights on their streets. He was surprised by the objections to the cost when the cost is minimal. Councilmember Young said they object to the cost when they don't like the lights; and that the advantage of the high poles is they leave no dark spots. Councilmember Ciraulo noted that there were objections also to the ongoing costs of maintenance and power, which costs are based upon the land value. The City Attorney will provide Council with a memorandum on the legal aspects of the lighting standards. Mayor Gilb noted that the plaque presented to Councilmember Young earlier this evening was a formality. He wanted her to know that she has done a fantastic job with the San Gabriel Valley Association of Cities and her efforts are greatly appreciated. At 8:40 p. m. the meeting ADJOURNED to 6:00 p. m., Tuesday, March 3, 1992 in the Conference Room of the Council Chambers for a study session to review proposed plans for a new Fire Station and to conduct the business of the Council and Agency and any CLOSED SESSION necessary to discuss personnel, litigation and evaluation of properties. Charles E. Gilb, Mayor ~4 ~-~ Ju . Alford, City C k ~ 9 2/18/92