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HomeMy WebLinkAboutMARCH 17,1992_3 I I ~IIO., 0 34:00690'1/79~ cc. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Mar.3,1991) (APPROVED) ORD. & RES. READ BY TITLE ONLY PLANNING COMSN. (Szany) ARCADIA AMERICAN RED CROSS AHS GIRLS' SOCCER TEAM MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MARCH 17, 1992 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:48 p. m., Tuesday, March 17, 1992 in the Arcadia City Hall Council Chamber, Rev. Ron Fraker, Victory Chapel, Church of the Foursquare Gospel Charles Wilkofsky, Coach, Lady Apache Soccer Team PRESENT: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None ABSENT: On MOTION by Councilmember Young, seconded by Mayor Pro tern Harbicht, and CARRIED, the minutes of the study session, adjourned and regular meetings of March 3, 1992 were APPROVED, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Fasching and CARRIED, that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED, PRESENTATION On behalf of the City Council, Mayor Gilb presented to David Szany, outgoing member of the Planning Commission, a plaque expressing appreciation for distinguished service, accomplishment and dedication during his term from 1984 - 1992 as Planning Commissioner, Mr. Szany is moving from Arcadia, Mayor Gilb presented a City of Arcadia Proclamation to Mr, James Dunbar and Mr. Jim Parker of the Arcadia American Red Cross declaring the month of March, 1992 as Red Cross month, and calling upon the citizens of Arcadia to support the work of the Arcadia Chapter of the American Red Cross through financial assistance or volunteer services, so this vital service to the community may be continued without interruption. Mayor Gilb introduced the Lady Varsity Women's Soccer Team, Apaches, Arcadia High School and their coaches, Charles 1 3/17/92 CLOSED SESSION Ollo~'I(J l. PUBLIC HEARING Zone Change Z-92-001 (From R-3 to C-O - 600-604 N.Santa Anita Av.) (APPROVED) ~S'b 0 - '10 IN FAVOR OF ZONE CHANGE Z-92-001 '<< 34:0070 Wilkofsky and John Garton. Council is very proud of the 1991. 92 Girls' Soccer Team, The Mayor's Certificate of Commendation in recognition and appreciation of outstanding achievement was presented by Mayor Gilb and Mayor Pro tern Harbicht to each member of the team and their coaches. CITY ATTORNEY The City Attorney announced that, "pursuant to Government Code Section 54956.8, the Redevelopment Agency met in a CLOSED SESSION this evening to discuss terms of potential land transactions with regard to the property at the southwest corner of Huntington Drive and Second Avenue and the City's negotiations with the Arcon/Schaefer parties". I Consideration of Zone Change Z-92-001, to rezone the properties at 600-604 N. Santa Anita Avenue from R-3 (Multiple-Family) to CoO (Professional Office) (Dr. Stephen Lojeski, D,D,S" applicant). The Planning Commission has voted to recommend approval of this zone change. The applicant, Steven Lojeski, is proposing to rezone the property at 600 N. Santa Anita Avenue in order to construct a single story dental office building. The property at 604 N. Santa Anita Avenue has been included in this zone change to avoid spot zoning on just the corner parcel. The general plan designation for these two properties is mixed either commercial and/or multiple family. It was. the Planning Department's opinion, and the Planning Commission concurred, the R-3 multiple family zoning is not appropriate for these two parcels. In reply to a question from Councilmember Young, staff agreed this was the property proposed for a zone change in 1988 when the neighbors objected. That proposal included one lot on Newman Avenue which was to have been a parking lot; this proposal only deals with the Santa Anita frontage property. Mayor Gilb declared the hearing OPEN. Steohen Loieski. D.D.S., 1035 Woodacre Lane, stated, in part, that presently his professional office is located at 650 W. Duarte Road, but he is proposing to purchase the property at 600 N. Santa Anita Avenue. This purchase is contingent upon securing this zone change in order to proceed with the removal of the existing building and construction of a 1500-1800 square foot single story dental office building. This purchase only involves the northeast corner property of Santa Anita Avnue and Newman Avenue (600 N, Santa Anita Avenue). He is not interested in purchasing the adjacent property (604 N. Santa Anita Avenue). However, he has been informed by the Planning Department that both properties would have to be rezoned to eliminate the possibility of spot zoning. An old two story, single family residence, built in approximately 1909, is located on the 600 N. Santa Anita property, and has fallen into disrepair; a small home with two rental units upstairs and downstains in the rear is located on the 604 N. Santa Anita property, and has also fallen into disrepair. Santa Anita Avenue has become a very busy street, especially since there is a freeway on-ramp a short distance up the street. He feels that the proposed single story dental office building will be a great improvement. Dr. Lojeski's office is to be open four days a week from 8:00 a. m. to 5:00 p. m.; there will be no traffic involved with his office in the evenings or on weekends; he will provide a parking lot at the rear of the property for his employees and patients. These properties have been for sale for some time; however, the existing structures cannot generate enough income to I 2 3/17/92 I I OPPOSED TO ZONE CHANGE Z-92-001 34: 0071 attract investors, The existing use of these properties is non-conforming and inconsistent with the general plan. His small professional building will generate much less population density and automobile traffic than, for example, a multi- family apartment or condominium building. Kel Mason, 388 W. Huntington Drive, stated, in part, that he has been a citizen of Arcadia since 1962. Having watched the decision making over the years with regard to zoning and re- zoning, he cannot think of anything that would have less impact upon that neighborhood other than perhaps a vacant lot. He does not think a small building such as that proposed could cause any problems, environmentally or otherwise. He urged Council to approve this zone change, Fred Bowden, 300 Elfwood Drive, Monrovia, stated, in part, that he is the owner of both of the properties under consideration for this zone change. He thinks this change would be compatible with the neighborhood. It is a good move for the City of Arcadia, Since there is concern about the number of stories of buildings that could be built on that property, it is his suggestion that there be a restriction to a two story building on the center parcel, which would be more of an asset than a three story building. As far as the parking is concerned, he thinks that with proper ingress and egress as far as both parcels are concerned, traffic problems can be minimized on Newman Avenue. Mike Ludeke, 610 North Santa Anita Avenue, stated, in part, that he had made application a couple of years ago to develop this property, but the application had been denied. He had told the Planning Commission at that time, that, without some kind of development, the property would probably continue to depreciate, and this is what has happened. He would like to see the construction of Dr. Lojeski's professional building because it would enhance the area, and enhance his business. John Garton, 32 North Golden West Avenue, stated, in part, that he has lived in Arcadia since 1953. He has known the Lojeski family almost since they moved to Arcadia and they are a community oriented family. He is also a realtor and had the listing on this property for several years, but it was unsalable as income property. The local residents would be silly to dispute a change in this zoning because it is the best use that could be put to that property. He feels this change will be a benefit to the community. In reply to a question from Mayor Gilb, staff replied that theoretically, the ingress and egress from the parking lot could be from either street. Nancv Mandic, 30 E. Newman Avenue, stated, in part, that she is the newest home owner on the street and that she brought the home for two reasons; 1) the Arcadia School District, since she has young children, and 2) the charm of the street. That street is a little slice of America. She agrees that the house on the corner is an eyesore; the City should insist that the owner improve the house. She does not want commercial buildings. She feels that if this is approved, there is nothing to stop commercial zoning down Newman Avenue. She does not want a doctor's office on- the street; perhaps it should be on his street, Woodacre Lane, instead, The traffic on Newman Avenue will get worse. She now feels safe to walk on the street in the evenings; she would not feel safe walking 3 3/17/92 34: 0072 along a parking lot, She feels the street should retain a family atmosphere. Carol Ellsworth, 46 E, Newman Avenue, stated, in part, that she would like to see the street remain residential. She and her family plan to remain there; it is their own little community. They have enough traffic already with people who mistake the street for the freeway on-ramp. They also have traffic from In-'n-Out Burger. She would also like to know what will happen with the parking lot when Dr. Lojeski is not in on Friday, Saturday and Sunday; will others be using it? Please leave the street as it is. Mayor Pro tern Harbicht noted that this is a zoning decision; there is no guarantee that this is the building that will be constructed there. It is conceivable that, leaving the zoning as it is, a good-sized apartment or condominium complex could be built there if the I two lots were consolidated, Changing the zoning to COO might actually reduce the potential for increased traffic. In reply to a question from Ms,Ellsworth regarding changing the zoning to R-l, Mayor Pro tern Harbicht said that question was not before Council at this time, but he did not feel that would be proper zoning for property on Santa Anita Avenue. Nancv Mandic, 30 E. Newman Avenue, replied in answer to questions from Council, that this is a question of family vs, business; people who live there; people who care; and people who come to see their dentist. In reply to Ms. Mandic's question, Mayor Gilb noted that eight units could be built on the property any time, with the present zoning, Ms. Mandic is concerned that once the property on the corner is re-zoned, the re-zoning will eventually continue down Newman Avenue. Councilmember Fasching noted that there is very little chance that R-l property would be rezoned. The proposed building will face Santa Anita Avenue if the zoning is changed to CoO, but Council does not intend to get involved in changing other R-l property to CoO. Raloh Roth, 33 E. Newman Avenue, stated, in part, that people on the street are totally in favor of keeping it a residential zone. He noted that Dr. Lojeski probably has three to four patients every hour, which amounts to thirty cars a day corning in and out Newman Avenue. That will congest the street, As far as the rundown condition of the houses that are presently on the property, perhaps the City should contact the owners and find out why they are rundown. Arthur Sutton, 26 E. Newman Avenue, stated, in part, that he has lived at this address for twenty years and raised six children there. It has been and still is a very pleasant street. He wo~'id hate to see any additional traffic on the street or any change at all in the neighborhood. The neighborhood contains a fine combination of families -- young and old. What is proposed would change the neighborhood to some extent. He is deeply opposed to this rezoning, In reply to a question from Councilmember Ciraulo, Mr. Sutton replied he feels that people going to the dental office will drive to the end of the street to turn around and that they will park on the street rather than in the parking lot. I No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Councilmember Young and CARRIED. Mayor Pro tem Harbicht does not feel that this rezoning will have much of an impact on Newman Avenue. In the interest of good plannnig, and taking into account the impact upon the residents of Newman Avenue, both dictate rezoning the property to CoO and having the proposed development go ahead. Councilmember Young agreed and also felt the dental office, which will be opened only four days a week, would be 4 3/17/92 I I 2. PUBLIC HEARING NUISANCE ABATE- MENT AND ORDER FOR REHABILITA- TION (631 W. Walnut Avenue) (APPROVED) ()S-~() -"> () 34: 0073 preferable to multi-unit apartments or condominiums as far as traffic and conges tion are concerned. She feels this proposed dental office building will be a good buffer between the neighborhood and Santa Anita Avenue. Councilmember Fasching agreed that this will serve as a better buffer for Newman Avenue than any R-3 development. He would like to let the residents on Newman Avenue know that Council has no intention of rezoning the R-l properties on Newman Avenue. Councilmember Ciraulo feels that in the long term, this proposed zone change will be of benefit to the residents on Newman Avenue. The impact of alternatives probably would be much greater. He agreed with Councilmember Fasching that Council would not plan any other ,zone changes on the street, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Council APPROVE Zone Change Z-92-001; APPROVE and FILE the Negative Declaration; and find that the zone change will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance, AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Mayor Gilb inquired about the signage on this street. People turn right onto Newman Avenut, thinking it is an on-ramp to the freeway. Arthur Sutton, 26 E. Newman, replied that the sign is placed in such a way that it comes u~very suddenly; drivers who do not know the neighborhood do turn right onto Newman Avenue. Mayor Gilb said perhaps a sign reading "Freeway Turn-off Second Turn" might help. Mr. Sutton replied if Council really would like to help the residents on Newman Avenue, the Planning Department could be asked if they could have entry and exit from that property onto Santa Anita Avenue, rather than on Newman Avenue. Mayor Gilb is trying to stop the traffic going down Newman Avenue trying to find the freeway; also the Police Department will check complaint of soda cans lined up on Newman Avenue. The matter of the entry and exit from the proposed parking lot will be taken up at a later time. Mr. Sutton would like to raise the point now. Mayor Gilb noted that exiting from that parking lot onto Santa Anita Avenue would almost send the traffic onto the Freeway. The Public Works Director will look at the street with regard to these problems. Carol Ellsworth, 46 E. Newman, stated that people do not read those signs because there are two signs which read, "Do Not Block Intersection", but it is almost impossible to get out of Newman Avenue on race track days, ,." This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal Code to allow the City Council to determine whether a public nuisance exists and what action is necessary to abate the nuisance on property located at 631 West Walnut Avenue. According to the above Section, a "Notice of Public Nuisance and Order to Abate" was mailed on March 3, 1992 to Frank Falasco, responsible person, for the property located at 631 West Walnut Avenue. A notice was also posted on the property. The property has been cited for the following violations: 1) trash, junk and debris on the property; 2) landscaping not maintained; 3) peeling paint on trim of the house; 4) inoperable vehicles stored on the site (in addition, none of the vehicles had current license tags); 5) storage in front and side yard setbacks, 5 3/17/92 RESOLUTION NO. 5650 (ADOPTED) ();;..2(),~'() 3. PUBLIC HEARING TEXT.AMEND. 92-003 (Paving Standards - Com'l & Ind. Zones) (APPROVED) OS-ii 0 -.6~ 34:0074 There is a history of property maintenance violations on this property dating back to 1986. All the violations cited in 1986 are similar to the violations cited above, including a minimum of eight inoperable vehicles stored on the site. In 1987 a misdemeanor complaint was filed in the courts against Mr, Falasco. This case was dismissed by the City in 1988 because of "partial" progress made by the property owner to correct the violations. Despite assurances by the property owner to the court to correct the violations, the property was not brought into compliance and in July 1989, the City filed with Mr. Falasco a notice to abate and remove the inoperative vehicles. Mr, Falasco appealed the City's notice and on September 5, 1989, this matter was presented to the City Council. At the request of Mr. Falasco, the meeting was continued to September 19. On September 19, the City Council granted Mr. Falasco a 30 day extension to allow him to sell I two cars and register the other five vehicles with evidence of the registration by that time or this matter would be referred to the City Attorney for legal action. Based upon the records, it appears that there was partial compliance. In response to a complaint received on January 15, 1992, a letter was sent to Mr. Falasco citing the violations set forth in an Order to Abate, Mr. Falasco was given until January 28, to bring the property int~ compliance, On January 29 a second letter was sent to Mr. Falasco noting that, although some progress had been made (especially landscape clean-up), that the majority of violations still existed, On February 12, a third letter was sent to Mr. Falsco advising him that an office conference had been scheduled for February 20 to allow him an opportunity to respond to the City's notice of violations. Mr. Falasco did not attend' this office conference, nor did he contact the City that he would not be in attendance. On March 3 the notice of public nuisance and order to abate was sent to Mr, Falasco. There has been no contact from the property owner at this time and the condition of the property has not changed. Mayor Gilb declared the hearing OPEN. The City Attorney announced that the records reflect that Mr. Falasco was properly served and the property posted, No one desiring to be heard the hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED, Mayor Gilb presented and read the title of Resolution No. 5650: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 631 WALNUT AVENUE, ARCADIA, CALIFORNIA, AND PLACING A LIEN AGAINST THE PROPERTY, IF ABATEMENT AT CITY EXPENSE IS REQUIRED". I It was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Resolution No. 5650 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The Planning Commission at its February 25, 1992 meeting voted 5 to 0 to recommend approval of Text Amendment 92-003 to amend the Municipal Code to, include or add paving standards for the commercial and industrial zones. The existing Code refers to standards on file in the Department of Public Works. However, the Public Works Department does not have any standards that 6 3/17/92 I I 4. PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM 1992- 1993 THROUGH 1996-1997) (CONTINUED TO APRIL 7,1992) O,3c,lO ~)tO 34:'0075 pertain to private property. Staff has revised the paving standards to read: "All parking and driveway areas shall be paved with a concrete or asphaltic surface or other material such as brick, block, etc. subject to approval of the Planning Department. Paving materials, methods, soils compaction, base materials shall be shown on building plans prepared by a State licensed architect, civil engineer or structural engineer". Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Councilmember Fasching and CARRIED. It was then MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE and FILE the Negative Declaration; FIND that Text Amendment 92-003 will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Consideration of the Capital Improvement Program for 1992-1993 through 1996-1997. Mayor Gilb declared the hearing OPEN. Councilmember Young addressed the items in the Capital Improvement Program which referred to improvements to be made to the Library. She felt that since no decision has been made to build a new Library or remodel the present one, perhaps some of these proposed improvements should be postponed. Councilmembers Fasching and Ciraulo agreed. After a brief discussion, it was the consensus of Council that a study session for the purpose of detailed discussion of the Capital Improvement Program for 1992-1993 through 1996-1997 would be in order. No one desiring to be heard, the hearing was CONTINUED to 7:30 p,m., April 7, 1992, with a study session scheduled at 5:00 p,m" April 7, 1992, Mayor Pro tern Harbicht referred to his recent attendance at the Duarte Performing Arts Center which is a one year old auditorium. He was very impressed with this building -- it is a 500 seat auditorium; not lavish but very attractive, Plans for an auditorium in Arcadia have been talked about for years. He has always dismissed these plans, principally because of the report presented in 1985 by Wendell Mounce which estimated the cost to be 14 million dollars. After contacting the City of Duarte, he was informed that their auditorium cost 2.3 million dollars, and they sent the blueprints. This cost did not include the land cost. Given that cost, Mayor Pro tern Harbicht would like to see Council consider putting this kind of expenditure into the Capital Improvement Program and providing this type of facility for the people of Arcadia, This level of expenditure is something that is affordable and should be considered. Councilmember Fasching felt some study and consideration should be undertaken before including this in the Capital Improvement Program. He would like to see something of this kind constructed primarily for the benefit of the school children and contact could be made with the School District with regard to possible location, size, etc. Councilmember Ciraulo noted other priorities, i. e" the new fire station, 7 3/17/92 5. Sa. APPOINTMENT OF PLANNING COMMISSIONER (CONTINUED TO APRIL 7,1992) () 1.:1..,0 - sCl 6. () ,>' .....-',.. - 1>0 7. 7a. ROLL CALL 7b. PUBLIC HEARING DISPOSITION & DEVELOPMENT AGREEMENT WLA ARCON & ARCADIA EQUITY MANAGEMENT, INC. (SCHAEFER BROS.) (CONTINUED TO APRIL 7,1992) 06<J(j~ i.'It! 34:0076 library, new police facility, etc., also under consideration. Mayor Pro tern Harbicht said that since the Capital Improvement Program is a general plan, he would like to see an auditorium considered because it is long overdue, Councilmember Fasching agreed to include this item in the study session. Councilmember Young noted other problems to be considered such as location, availability of parking space, needs of the School District, etc. BOARDS AND COMMISSIONS It was the consensus of Council that the appointment of a Planning Commissioner be CONTINUED to April 7, 1992 and that candidates for the vacant position on the Planning Commission be interviewed prior to the April 7, 1992 Council meeting, at which time nominations will be accepted. The candidates to be contacted for~terviews are: Andrew Bard, Richard 'Y Z,(-,.~ Cl- Bruckner, ,jjar.liara I ., Howard Spellman and Edward Wang, Ph.D. The interviews will be conducted at 6: 00 p. m" April 7, 1992. I Mayor Pro tern Harbicht noted that he would like to see an article in the next Newsletter that the City has a large number of citizen volunteers who serve on Commissions I perhaps outlining briefly what each Commission is and what the major duties are, This article could invite anybody who is interested in donating time to the City to call a certain number to get an application form. Mayor' -Gilb suggested revising the Commissioner application form to give more specific information. Council concurred. AUDIENCE PARTICIPATION Jinnv Shepherd, 1001 La Cadena Avenue, stated, in part, that she is present to address Council with regard to a proposal to obtain readable signs showing street names and numbers. The present signs are very hard to see at night. Their visibility would be improved if they were larger and/or painted with fluorescent paint on the corners and/or the curbs. Improved visibility would also be helpful to the City law enforcement, safety and utility staffs. The poles could be moved closed to the street and the long signs extended over the intersections, Perhaps citizens, students or club groups could help by painting the names and numbers. Perhaps there are companies in the City which might donate stencils and paint, The Public Works Director will prepare a report and recommendation regarding improving the visibility of street signs .and possible alternatives, JOINT MEETING OF THE ARCADIA CITY COUNCIL/REDEVELOPMENT AGENCY I PRESENT: CounCil/Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb None ABSENT: Scheduled tonight is a public hearing on the proposed Disposition and Development Agreement between the Agency and WLA Arcon and Arcadia Equity Management, Inc, , also known as Schaefer Brothers, The Agency has received information from the developer that they are unable to proceed with the development at this particular time, One of the problems with that is that the developer is made up of two entities. One is Arcadia Equity Management (Schaefer Brothers) and that is 8 3/17/92 I I 8. 8a. AGREEMENT - LANCE, SOLL " LUNGHARP - FINANCIAL AUDIT FY 1992, 1993 " 1994 OJII). 'V 34: 0077 the half of the developer that has indicat'ed inability to proceed. The other half of the development, which is WLA Arcon, has indicated a desire to proceed with the development, They request more time to put together a new financing partner so that they can make this development occur. More recommendations will be forthcoming after the public hearing. Mayor/Chairman Gilb declared the hearing OPEN. Howard Schaefer, Schaefer Brothers Arcadia Equity Management, 225 South Lake Avenue, Pasadena, stated, in part, that he,has provided the Council a letter of explanation as to why, in their judgement, it is not in the best interests of all parties involved to proceed with the project at this time. Rather than tying up the project, it would be better to face the financial problems which were caused by the recession. Schaefer Brothers do not think that they can proceed with the proj ect, and obtain proper construction financing. He expressed appreciation to the Council, Redevelopment Agency and Redevelopment staff for their cooperation, support and forbearance over a period of time, as well as the efforts to try to get this project moving, Unfortunately, the economic situation has to be faced. No one else desiring to be heard, the hearing was CLOSED on MOTION by Member Fasching, seconded by Member Young and CARRIED. It was the consensus of the Council/Agency Members that the public hearing be CONTINUED TO APRIL 7, 1992. The MOTION and SECOND were WITHDRAWN. Staff recommends that the Agency "allow the staff and attorney to prepare an amendment to the existing Exclusive Right to Negotiate between the parties. That this be directed to WLA Arcon; that this document be provided to WLA Arcon and be executed by them before March 31, 1992, which is when the existing Exclusive Right to Negotiate expires, That in this Exclusive Right to Negotiate there be two particular terms. One of these terms to be that WLA Arcon must provide to the Agency a $3,000 non-refundable administrative fee by March 31, 1992 and secondly, that the ERN will provide for a 60 day extension of time, basically from March 31 until May 31, 1992. Also, that on or before April 30, 1992, which is a month into this two month period, Arcon will provide to the Agency a $25,000 Letter of Credit to replace the existing Letter of Credit which has been provided by the developer; that no further action be taken until April 7, 1992." It was MOVED by Member Harbicht, seconded by Member Fasching and CARRIED on roll call vote as follows to approve the staff recommendations outlined above. AYES: Council/Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: CONSENT ITEMS APPROVED selection of Lance, Soll 6< Lunghard, Certified Public Accountants, as the City's audit .firm for the financial periods ending June 30, 1992, 1993 and 1994 The total ,cost is not to exceed $46,883 for the fiscal year 1991-92 which ends June 30, 1992, The fees for 1993 and 1994 will be adjusted for the change in the All Urban Consumer Price Index 9 3/17/92 8b. EQUIP.PURCH. 75KW GENERATOR (PUBLIC WORKS) ()3'-1C .,~J~; 8c. CONTRACT AWARD SEVEN CHEVROLET SEDANS (Dial-A-Ride) o ~'1(1~.(" (0 ~, ."' LJ .31:) 8d. AGREEMENT - GRUEN ASSOCIATES SAN GABRIEL VALLEY AIR QUALITY PLAN O<l.;t) .f() 8e. REWARD FOR APPREHENSION OF MAILBOX VANDALS 0<1 ')fJ # 17 O.j '/1 /.)')' ;/ I' t,,/ " (; 8f. PROBLEM PARKWAY TREES (2500 Lee Av.) (REMOVAL AND REPLACEMENT APPROVED) O'1/jO-rr) 34:0078 for the Los Angeles-Anaheim-Riverside area, The Mayor is AUTHORIZED to sign the Agreement after approval as to form by the City Attorney. AWARDED contract for the purchase of one 75 KW generator to Power Systems of Los Angeles for the purchase of. one Generac Model SD075 in the amount of $15,966.88, This generator meets the specifications as set forth in Bid 9192-28. Funds for the purchase of the 75 KW generator are budgeted in the amount of $25,500:00 in the Capital Outlay Fund. In response to a question from Mayor Gilb, staff replied that the generator is to be located on the east side of the main City Hall building. It will be outside and screened by either a wall or screening of some kind. I AWARDED contract for the purchase of seven sedans for the Arcadia Dial'A-Ride program to Rotolo Chevrolet of Fontana, California, in the amount of $117,178.46. The total cost of the vehicles including an extended warranty, two way radios and detailed paint job is $128,378.46, Funds for the purchase of the sedans for the Dial-A-Ride program were budgeted in the Transit Fund. Because of the delays in the Federal Grant process, the City is purchasing the vehicles with monies budgeted in FY 1990. The funds are a combination of Federal Transit Administration, California Transit Development Act and Proposition A Local Return funds, There are sufficient Prop A Local return monies available to fund the project. APPROVED Agreement with Gruen Associates for the preparation of the West San Gabriel Valley Air Quality Plan at a cost of $108,249. A total of sixteen cities are participating in the preparation of this sub-regional air quality plan. All of the participating cities have approved the Memo of Understanding, and will also provide letters of commitment to carry out this project. Each of the participating cities (including Arcadia) will contribute their share through in-kind service. The Mayor and City Clark are AUTHORIZED to execute the agreement after approval as to form by the City Attorney. APPROVED implementation of program to reward $1,000 to those who provide information leading to the arrest and conviction of individuals for acts of damage and vandalism applicable to mailboxes in the City of Arcadia, subject to the criteria set forth in staff report dated March 11, 1992. THE ABOVE CONSENT ITEMS 8a. THROUGH 8e. WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY MAYOR PRO TEM HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: I AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Consideration of report and recommendation concerning problem parkway trees. Councilmember Fasching commented that he had driven down the street in question, after also looking at other areas of the City. The tree in question is completely bare at the present time. The resident complained about the leaves and the sap from the tree as well as the roots growing up under the surface, He noted eight other houses on the street which have parkway trees of this and other varieties which have the same situation, He concurs with the staff report and does not think there is any reason for the City to 10 3/17/92 I I 8g. TRAFFIC SIGNAL SYSTEM ANALYSIS (ALTERNATIVE 113 APPROVED) 0%0 - 60 34:0079 remove these trees, or any reason to allow the property owner to remove them. Councilmember Ciraulo agreed, However, he would not object to the property owner removing the tree at his own expense and replacing it with another approved City tree. Councilmember Fasching felt that if the City permits removal of trees for situations which are existing throughout the City, Council will be setting a precedent. The tree in question is probably twenty-five feet in height, and it could be replaced with a thirty-six inch box specimen. He does not think the City should start allover again with the parkway trees; they are an asset to Lee Avenue and the City. It was the consensus of Council to allow the applicant to speak to this matter, even though this is not a public hearing. Sam Broadhead, representing Bertha Cusick, 2400 Lee Avenue stated, in part, that in answer to Councilmember Fasching's question, leaves come out on the tree in the Spring and start dripping sap from April through December. Cars cannot be parked in the driveway, or on the neighbor's driveway, or on the street without the sap dripping onto them. The trees are on City property and a nuisance. Councilmember Fasching suggested the trees be pruned so they do not extend over the driveway. Mayor Pro tern Harbicht agreed that the trees should not be removed at City expense. He would be amenable to a system whereby application could be made and, should certain trees be deemed nuisances, wi th the City's permission, the property owners could remove and replace the trees at their expense. The City Attorney advised against declarations that are akin to calling a public tree a nuisance because of possible liability to the City. The City Manager noted that in past situations where a tree has been a significant problem, the homeowner was given permission to take the tree out and replace it at his expense with a City approved tree. Perhaps such problems could be handled on a case by case basis rather than establishing a policy. It was then MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Council AUTHORIZE the removal of these trees on the parkway at 2400 Lee Avenue at the property owner's expense. Removal of the trees and replacement with City approved trees to be undertaken by City staff and a bill submitted to the property owner. AYES: NOES: Councilmembers Ciraulo, Harbicht, Young and Gilb Councilmember Fasching (He does not think the present situation warrants removal of the trees.) ABSENT: None Consideration of report regarding analysis of the City's existing traffic signal systems. Councilmember Fasching referred to staff report dated March 17, 1992 and recommended that Council approve Item 3, inventory and operating analysis by City staff on a case-by-case basis. He does not feel that a consultant is needed. The Public Works Director noted that solving the problem in-house is more than staff has the capability to do. It involves looking at stretches or groups of signals, the traffic flow, traffic counts, timing of the signals so that they are all properly coordinated, not just synchronized on a ninety second cycle, but synchronized according to the traffic flow and demand. Councilmember Fasching feels a case-by-case approach to the problem should be continued. The City Manager noted that the problem is that, when this is done incrementally, the total systems are not being looked at. Many of the problems have to do with a particular signal's relationship with three or four other signals down the road. To do the job right, at least once every ten years or so, stretches of signals should be looked 11 3/17/92 9. PROPOSED CONCEPT PLANS FIRE STA.I/2 (APPROVED) .,,1 'I ,/ l _' /; t,; i...~ -~ 34:0080 at as a system. For years after that, they can then be fine tuned on an incremental basis. Councilmember Ciraulo noted that since a lot of the signals are interrelated with each other, he would be in favor of a very comprehensive study to have an overview of the whole system. Mayor Gilb noted that the coordination and timing of the signals are adjusted during the racing season, and readjusted after it ends. Councilmember Fasching is in favor of continuing as staff has been operating, especially since the County is planning to do some work on Arcadia streets. When this matter came up at a previous meeting, he did not realize the consultants would be so expensive, He would like more time to discuss this matter with the Public Works Director. Mayor Pro tern Harbicht agreed that he was not in favor of spending $36,000 for this study. There must be a mathematical formula by which signals are synchronized and probably this could be undertaken by City '1 staff. Councilmember Young said this study would be premature in view of the proposed work in this area to be done by the County; she would prefer to see the matter tabled. Councilmember Fasching MOVED to APPROVE Alternative No.3, page 2, staff report dated March 17, 1992, by which the City's existing ongoing maintenance program would be continued, Mayor Pro tem Harbicht would like to see more effort made to synchronize the signals, especially those on Huntington Drive at First and Second Avenues which should be coordinated with those at Santa Anita Avenue and Huntington Drive. Staff noted that these signals can be synchronized mechanically, although they eventually get out of sync and have to be readjusted, Councilmember Fasching again MOVED to APPROVE Alternative No. 3 in staff report dated March 17, 1992 by which'inventory and operating analysis will be done by City staff on a case-by- case basis as problems are identified or reported. Staff to coordinate any necessary equipment replacement with the signal maintenance contractor. This is essentially the City's existing ongoing maintenance program, and is considered the minimum level of service necessary to maintain Arcadia' 5 system. The MOTION was SECONDED by Councilmember Young and CARRIED on roll call vote as follows: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Councilmember Ciraulo would like to see this matter come back to Council after the County's work on Foothill Blvd. is completed. CITY MANAGER Consideration of request for approval of proposed concept plans and authorization to proceed with working drawings and specifications for new fire station, This is continued from the March 3, 1992 Council meeting, 1 It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE the proposed concept plans, the estimated budget of $2,685,457, and AUTHORIZE the preparation of working drawings and specifications for the new Fire Station No.2. Mayor Pro tern Harbicht and Councilmember Fasching had requested more time to study this proposal and both agreed that the proposal should be approved, AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: 12 3/17/92 I I 10. lOa. ORDINANCE NO. 1964 (ADOPTED) OS-~O_ 6s 7f) :f(,). t:'1.) j 34:0081 CITY ATTORNEY The City Attorney presented and read the title of Ordinance No, 1964: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTIONS 9283.8,10 AND 9283.8,11 TO PART 8 OF CHAPTER 2 OF ARTICLE IX REGARDING PROHIBITION OF RAZOR WIRE, LIMITING BARBED WIRE, AND ESTABLISHING AN ABATEMENT PERIOD AND NONCONFORMING STATUS". It was MOVED by Councilrnernber Young, seconded by Councilrnernber Fasching and CARRIED on roll call vote as follows that Ordinance No. 1964 be and it is hereby ADOPTED. AYES: NOES: ABSENT: ABSTAIN: Councilrnernbers Ciraulo, Fasching, Young and Gilb None None Mayor Pro tern Harbicht (He was not present at the public hearing for this Ordinance.) lOb. ORDINANCE The City Attorney presented and read the title of Ordinance NO. 1965 No. 1965: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA (ADOPTED) AMENDING SECTIONS 4131.1,1, 4135, 4135.1, 4135.2 AND 9251.1.4 o ~ 0 6 AND 9152.1.4.1 OF THE ARCADIA MUNICIPAL CODE TO INCLUDE LLAMAS ~ o' I, AND ALPACAS UNDER THE SAME PROVISIONS AS HORSES" '1A o/..~.L t;04. lOco ORDINANCE NO. 1966 (INTRODUCED) tJ'>d{) '. :;'0 10d. RESOLUTION NO. 5649 (ADOPTED) O~ _71,0 - II) It was MOVED by Councilrnernber Young, seconded by Councilrnernber Fasching ,and CARRIED on roll call vote as follows that Ordinance No. 1965 be and it is hereby ADOPTED. AYES: NOES: ABSENT: ABSTAIN: Councilrnernbers Ciraulo, Fasching, Young and Gilb None None Mayor Pro tern Harbicht (He was not present at the public hearing for this Ordinance.) The City Attorney presented for introduction and read the title of Ordinance No. 1966: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9406,3 OF THE ARCADIA MUNICIPAL CODE TO INCLUDE ENFORCEMENT COSTS AS ASSESSABLE COSTS FOR NUISANCE ABATEMENT". It was MOVED by Councilrnernber Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1966 be and it is hereby INTRODUCED. AYES: Councilrnernbers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5649: . "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DELEGATING ITS AUTHORITY AND ASSIGNING THE RESPONSIBILITY TO MAKE CERTAIN DETERMINATIONS AND APPLICATIONS RELATING TO DISABILITY RETIREMENT (LOCAL SAFETY MEMBERS) UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND TO PROMULGATE RULES AND PROCEDURES TO IMPLEMENT SUCH RESPONSIBILITY INCLUDING AN APPEALS PROCEDURE", It was MOVED by Mayor Pro Councilrnernber Young and CARRIED that Resolution No, 5649 be and tern Harbicht, seconded by on roll call vote as follows it is hereb~ ADOPTED, AYES: Councilrnernbers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: 13 3/17/92 11. 12. HARBICHT (Duarte Performing Arts Center Tour) CIRAULO (Library Improvement Study Session) o 7.3 () ~ ')0 1,/' " CITY MANAGER (Duarte O?" () Performing Arts Center Tour) CIRAULO (NE Corner El Capitan & Live Oak - Weed Abatement) YOUNG (234 Orange Grove Av. - Dumpster) YOUNG (In Memory of Therese F. Riddle) 13. ADJOURNMENT (April 7,1992 - 4:30 p.m.) ATTEST: J 34:0082 MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Mayor Pro tern Harbicht noted that he had contacted the City Manager of the City of Duarte and was informed that Ed Cox is the Director of Community Development. Anyone planning to request a tour of the Duarte Performing Arts Center should contact 'Mr. Cox, Councilmember Ciraulo said that the improvement of the Library is a matter he would like to address during the study session on the Capital Improvement Program. Prior to that session, he requests that staff make a study and submit recommendations to Council as soon as possible. Mayor Pro tern Harbicht would also like to see such a report. He would like to have a study session scheduled for the discussion of ideas and alternatives and staff could proceed from that point. Mayor Gilb thought perhaps this be left for the new Council. Councilmembers Ciraulo and Fasching said they would like to see some input as soon as possible, It was the consensus of Council that a study session on the Library improvement be scheduled at 4;30 p,m., April 7, 1992. I The City Manager suggested coordinating the tour of the Performing Arts Center in Duarte, He will try to make an appointment convenient to everyone when Council can all go together. Councilmember Ciraulo stated that the Northeast corner of El Capitan and Live Oak Avenue in South Arcadia is a large empty lot which is overgrown with weeds and bushes. This is a potential fire hazard and he would like to see something done about it. Staff responded that property is on the weed abatement program and is scheduled to be cleaned up in May. Councilmember Young noted that a dumpster which had been removed from 234 Orange Grove Avenue is now back. Apparently the house is unoccupied and the trash pick-up people are unable to get the dumpster back into the yard. Staff will check this. "I would like to close the meeting tonight in memory of Therese F. Riddle, resident of Monrovia, who passed away March 6, 1992 at her home. She was a secretary with the Los Angeles Unified School District for 25 years, and was a long-time resident of this area. She is survived by her husband, Lloyd of Monrovia; two daughters, Celia Kalm and Georgia Florentine; three grandchildren; and two great grandchildren. A memorial mass was held Saturday, March 14, 1992 at St, Rita's Catholic Church, Sierra Madre." I At 9:50 p. m. the meeting ADJOURNED to 4:30 p. m" Tuesday, April 7, 1992 in the Conference Room of the Council Chambers for a study session 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 J 14 3/17/92