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HomeMy WebLinkAboutAPRIL 7,1992_3 I I 0110.""0 O'l07Q:J. 34: 0086 <::..c 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.17,1992) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION OliO ~ '10 BOB CHENEY (Outgoing Pres. Pasadena Tournament of Roses) ALTRUSA INTERNATIONAL M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING APRIL 7, 1992 The City Council and Arcadia Redevelopment Agency met in a regular meeting at 7:40 p. m., Tuesday, April 7, 1992 in the Arcadia City Hall Council Chamber. Rev. Gary K. Clark, Christian Center of Arcadia Mrs. Carol Libby, President, Altrusa Club PRESENT: Councilmembers Ciraulo, Fasching, Harbicht. Young and Gilb None ABSENT: On MOTION by Councilmember Young, seconded by Mayor Pro tem Harbicht and CARRIED, the minutes of the regular meeting of March 17, 1992 were APPROVED. .. , It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Fasching 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, "pursuant to Government Code Section 54956.8, the City Council met in a CLOSED SESSION to give instructions to the City's negotiators in regard to potential exchange, purchase or lease of real property adjacent to Huntington Drive and Baldwin Avenue and the race track, commonly referred to as Santa Anita Fashion Park and to give those instructions with regard to ongoing negotiations with the Hahn Company and Santa Anita Realty Enterprises". PRESENTATIONS On behalf of the City Council, Mayor Gilb presented a certificate to Arcadia resident, Bob Cheney, outgoing President of the 102nd Pasadena Tournament of Roses. This in recognition of Mr. Cheney's efforts and accomplishments, and of bringing credit to the City of Arcadia. . Mayor Gilb presented a City of Arcadia Proclamation to Mrs. Carol Libby, President, Arcadia Altrusa Club. April 11, 1992 is Altrusa International's 75th anniversary. The members of this organization are dedicated to improving their respective communities. This Proclamation recognizes the members of this worthwhile organization for the outstanding service they provide this community and other locations around the world. 1 4/7/92 COMMUNITY SERVICE COMMENDATION (Amy Kronquist, Katie Jarvis " Megan Garrett) 1. PUBLIC HEARING (Capital Improvement Program 1992-93 to 1996-97) (APPROVED WITH AMENDMENTS) 03~o- 3(] 2. 2a. PLANNING COMSN. (Edward Huang) 01.;20-':;0 SISTER CITY COMSN. (Dennis Lee) () /:20 - ');'() 34:0087 The week of April 5 - 11, 1992 is proclaimed to be Altrusa International Week. Police Chief Neal Johnson stated that three juveniles who were performing malicious vandalism and writing graffiti at Hugo Reid Primary School were apprehended through the efforts of three young ladies present at the Council Meeting this evening. Mayor Gilb presented Amy Kronquist, Katie Jarvis and Megan Garrett the Mayor's Certificate of Commendation in recognition and appreciation of outstanding service to the Community. A check for $100.00 accompanied each Certificate. Consideration of Capital Improvement Program for 1992-1993 through 1996-1997 (continued from March 17, 1992). Mayor Gilb announced that Council had a study session prior to this meeting with regard to the 1992-1993 through 1996-1997 Capital Improvement Program. I Mayor Gilb declared the public hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED. Councilmember Ciraulo presented and read the title of Resolution No. 5651: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING A CAPITAL PROGRAM FOR 1992-1997 FISCAL YEARS, WITH AMENDMENTS". It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5651 be and it is hereby ADOPTED. .. , Mayor Pro tem Harbicht noted that the amendments to the Capital Improvement Program were to remove the installation of the signal at First Avenue and Santa Cruz Street from the budget and to remove the Library improvements pending further information. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: BOARDS AND COMMISSIONS Mayor Gilb nominated Edward Huang for appointment to the Planning Commission replacing David Szany to fulfill an une~pired term to Jun~ 30, 1994. No other nominations were forthcoming. It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Edward Huang be appointed to the Planning Commission to fill an unexpired term ending June 30, 1994. I AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None. NOES: ABSENT: Mayor Gilb nominated Dennis Lee for appointment to the Sister City .Commission replacing Lorraine Fricke to fulfill an une~pired term to June 30, 1992 and a full term to June 30, 1996. No other nominations were forthcoming. The nomination was seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows: 2 4/7/92 I I 2c. PERSONNEL BOARD (Recomend. Revision of Classificarions Admin.Assist. " Ad1l\in. Aide - Establish Classification of Admin. Intern. ) (APPROVED) O.;)..2.() -10 3. 4. 4a. PUBLIC HEARING DISPOSITION " DEVELOPMENT AGREEMENT WLA ARCON " ARCADIA EQUITY MANAGE- MENT, INC. (SCHAEFER BROS.) (APPROVED RET. LET. CREDIT) 060Q - i,,/I'I 34:0088 AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: At its March 12, 1992 meeting the Personnel Board revised and approved classifications of Administrative Assistant and Administrative Aide; and established and approved classification of Administrative Intern. It was MOVED by Mayor Pro tem Harbicht seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows to APPROVE the Personnel Board's recommendation to' revise the classifications of Administrative Assistant and Administrative Aide; and establish the classification of Administrative Intern. In response to a question from Councilmember Fasching, staff said this establishment of the classification of Administrative Intern does not involve new personnel. There currently are such positions in the Personnel, Planning and Public Works Department. This action establishes the written classifications. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: AUDIENCE PARTICIPATION .- , Joanne Steinmeier, 5563 Hallowell Avenue, stated, in part, that she is present in her official capacity as President of the Arcadia Board of Education. On behalf of the Board, she thanked the Council for adopting Resolution No. 5655, supporting the Arcadia Board of Education in oppositon to the proposed parental choice/voucher initiative. This is a critical time in the initiative process in California. It is necessary to get the word out that this initiative is bad news for the public school system. It is important that registered voters understand the intent and result of this initiative. The School Board is not opposing this initiative because it is afraid of the competition from the private schools. The Arcadia School District can hold its own against any of the private schools in the area. Public money would go to private schools, many of which are church schools. The Board feels this violates the U. S. Constitution mandate of separation between church and state. The School Board believes that parental involvement is a very important part of the process, but this initiative is bad public policy. In reply to a question from Mayor Gilb, Mrs. Steinmeier agreed that there are many private schools which are not church schools. JOINT MEETING OF THE ARCADIA CITY COUNCIL/REDEVELOPMENT AGENCY Consideration of a Disposition and Development Agreement between the Arcadia Redevelopment Agency and WLA Arcon and Arcadia Equity Management, Inc.; Approval of a Mitigated Negative Declaration'of Approval of a Mitigated Negative Declaration of Project Proposed at the Southwest Corner of Huntington Drive and Second Avenue (A/AEM Project); Sale of a portion of Second Avenue property by the City of Arcadia and the purchase by the Arcadia Redevelopment Agency of that 3 4/7/92 MOTION (2nd withdrawn) .q..~' .. . ~j- 34:0089 property; Consideration of the Exclusive Right to Negotiate, and of the Good Faith Deposit (Letter of Credit). This hearing was continued from the March 17, 1992 meeting. The Exclusive Right to Negotiate between Arcon/Schaefer Brothers expired effectively March 31, 1992. There was no amendment signed by them submitted for Agency consideration. Therefore, there is no Exclusive in effect on the site; therefore the Agency can re-market the site. Agency staff recommendation is that no action be taken on the proposed Disposition and Development Agreement; no action on the Mitigated Negative Declaration; no action on the proposed sale of City land to the Redevelopment Agency; and that decision be made regarding the $25,000 Letter of Credit. In reply to questions from Mayor Pro tem/Agency Member Harbicht, staff responded that there has been no communication from Arcon/Schaefer Brothers and that they knew fully what the requirements are. I Howard Schaefer, Schaefer Brothers, 225 South Lake Avenue, Pasadena, stated, in part, that Warren Lortie of WlA Arcon had indicated during their most recent conversation that the time period proposed by the Agency in the Exclusive Right to Negotiate does not give enough time to find another financial partner. Realistically, with the nature of the real estate market today, and problems with financing, even with a more reasonable amount of time, they probably would not have any success in finding financing in the near future. Perhaps it would not be to the mutual advantage to have the property tied up for a longer period of time. A discussion ensued between Councilmember Fasching and Mr. Schaefer regarding the original planned tenant participation in the building and the fact that several of these tenants had changed their plans. Also in response to a question from Councilmember Fasching, Mr. Schaefer indicated that Schaefer Brothers have, in addition to the $25,000 Letter of Credit, expended between $25,000 and $30,000 on this proj ect; WlA Arcon had expended about $12,000. .- t It was MOVED by Mayor Pro tern/Agency Member Harbicht, seconded by Council/Agency Member Young and CARRIED to CLOSE the public hearing which had been opened and continued at the March 17, 1992 meeting. It was MOVED by Mayor Pro tem/Agency Member Harbicht, seconded by Council/Agency Member Young to return the $25,000 Letter of Credit to the developers, Arcon/Arcadia Equity Management/Schaefer Brothers. Howard Schaefer, Schaefer Brothers, 225 South Lake Avenue, Pasadena, replied, in answer to questions from Councilmember Fasching, that the $25,000 Letter of Credit was from Schaefer I Brothers. A great de~l of the time and work on this project was done by Warren Lortie, WLA Arcon; most of the financing provided by Schaefer Brothers. Councilmember Fasching noted that, although he is sympathetic to the financial plight in which Mr. Schaefer and Mr. Lortie find themselves, he also has to deal with the matter of Agency time involved, the extensions, legal fees, etc. which resulted in Agency out-of-pocket expenses of approximately $13,000. In addition, the'property has been tied up for a long period of time. It was MOVED by Council/Agency Fasching to refund $12,000 of the $25,000 Letter of Credit to Schaefer Brothers, and reimburse the Agency for $13,000 Agency out-of-pocket expenses. Council/Agency Member Young withdrew her second of the previous motion and SECONDED this motion. 4 4/7/92 I I 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (Mar.17,1992) (APPROVED) 6c. ADJOURNMENT 34:0090 Mayor Pro tem/Agency Member Harbicht stated that it was his feeling that when such negotiations are entered into in good faith, there will be expenditures on both sides. He has a problem with CounCil/Agency Member Fasching's motion, firstly, when negotiations are entered into, sometimes they result in fruition and sometimes they do not. Secondly, he does not want to send that message to the development community that developers may be penalized if a project falls through. Had it been malfeasance on the developer's part, perhaps it would be justified; but the fact is that the current economic conditions are responsible. He feels this is a public/private partnership and everybody deals in good faith in an endeavor to come to an agreement. The developer then carries out what the Agency feels is the best use of the land 'to benefit everybody. This drawing down the developer's Letter of Credit is not in the spirit of the partnership. Council/Agency Member Fasching, in response, said he looks at this from a business standpoint. This is a valuable piece of property, and he feels this is a reasonable figure for a two year option on such a property. The Agency is trying to develop for the City, but must remember this is taxpayers' money. Mayor/Chairman Gilb noted that the time period involved here was eighteen months, rather than two years. Mayor/Chairman Gilb then SECONDED the ORIGINAL MOTION made by Mayor Pro tem/Agency Member Harbicht. Roll call for MOTION made by Councilmember/Agency Member Fasching: AYES: NOES: ABSENT; Council/Agency Members Fasching and Young Council/Agency Members Ciraulo, Harbicht and Gilb None .. , THE MOTION FAILED TO PASS Roll call for MOTION made by Mayor Pro tem/Agency Member Harbicht: AYES: NOES: ABSENT: Council/Agency Members Ciraulo, Harbicht and Gilb Council/Agency Members Fasching and Young None THE MOTION CARRIED Howard Schaefer, Schaefer Brother, 225 South Lake Avenue, Pasadena, thanked the Agency for the return of the Letter of Credit. He hopes that when financial conditions improve, they may be able to work with the Agency on another project. CITY COUNCIL ~ECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb None ABSENT: On MOTION by Member Harbicht, seconded by Member Young and CARRIED, the minutes of the meeting of March 17, 1992 were APPROVED. The meeting ADJOURNED to April 21, 1992 at 7:00 p.m. 5 4/7/92 7. 8. 8a. 03 iO '/<lEQUIP .PURCH. . LOCAL AREA COMPUTER NETWORK (Sr. Citizens " Recreation) 8b. ,:? i 0_ .i JQUIP . PURCH. STUMP CUTTER (Pub. Works Serv .Div.) 8c. '>>'10- ~O EQUIP.PURCH. . BALLISTIC VESTS (Police Dept.) 8d. MALL EXPANSION ),'/, "1iO NEGOTIATIONS (Keyser Marston Assoc. " Steve Deitsch Agreeemnts) 8e. ~ I S-O.J;C SANTA ANITA ~ olE.. f-, SPRING CLASSIC lK-5K-10K Run (May 31,1992) 8f. 8g. ")f(/C;'.) ADVERTISE FOR BIDS - (Const. Relief Sewers Htg.Dr.bet. Gateway Dr. " Fifth Av. " Duarte Rd. bet. Fourth Av. " Fifth Av.- Job No. 507) 8h. ) 9'10.,).0 WORK ACCEPTED (1991-92 Annual Tree Maint. Prog. -Job No. 519) 34:0091 CITY COUNCIL RECONVENED CONSENT ITEMS AWARDED' contract for the purchase of a local area computer network to K I S Computers of Santa Fe Springs, in the amount of $30,917.76. This computer equipment is to be used by the Senior Citizens and Recreation Department. Funds for the purchase of the local area network and computer training were appropriated from the Equipment Replac'ement Fund in the amount of $37,650.00. I AWARDED contract for the purchase of a stump cutter to Vermeer-California of Ontario, CA in the amount of $18,204.27 for the Public Works Service Division. Funds for the purchase of the stump cutter were appropriated from the Capital Outlay Fund in the amount of $28,000.00. AWARDED contract for the purchase of sixty (60) ballistic vests from Armour of America, Los Angeles, for Department. Funds for the purchase of the sixty budgeted in the Capital Outlay Fund in the $19,200.00. the Police vests were amount of .- t AUTHORIZED the use of Keyser Marston Associates, pursuant to the previously approved agreement, to assist in ongoing negotiations with the Santa Anita Fashion Park at an additional cost not to exceed $3,000.00, and to CONTINUE the services of Steve Deitsch of Best, Best & Krieger at a cost not to exceed $3,000.00. APPROVED Santa Anita Spring Classic 13th Anniversary lK-5K- 10K Run to be held Sunday, May 31, 1992. The $2,052.00 estimated cost of policing the event will be borne by the Boy Scouts and no costs to the City are anticipated. Insurance binders naming the City of Arcadia, its officials and employees in the amount of one million dollars have been arranged. Withdrawn APPROVED plans and spBcifications for construction of relief sewers on Huntington Drive between Gateway Drive and Fifth Avenue and Duarte Road between Fourth Avenue and Fifth Avenue - Job No. 507. The estimated cost of the project is $130,000 which will be funded entirely from the Sewer System Service Fund. The project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 Class l(b) of the guidelines for implementation o! said Act. The City Clerk is AUTHORIZED to advertise for bids. I ACCEPTED 1991-92 annual tree maintenance program on various streets - .Job No. 519; and AUTHORIZED payment of final contract amount of $26,317.00. The work consisted of the trimming of 575 trees at various locations. The 10% retention payment becomes due and payable 35 days after the recordation 6 4/7/92 I I 81. ADVERTISE FOR BIDS (Resurfac- ing Second Av. from Longden Av. to Bonita St. - Job No. 509) () C(,;).o-- f"C) 8j. LABOR RELATIONS (Pers. Legal Servo Agree- ment - Liebert, Cassidy " Frierson) o:.uo ~.s;-O 9. 9a. ORDINANCE NO. 1966 (ADOPTED) 0'>0).(1 ~ s: <J 9b. ORDINANCE NO. 1967 (INTRODUCED) O';^D~ ,65.- 34: 0092 of Council acceptance and will be released by the Director of Public Works on completion of all corrections of record. APPROVED plans and specifications for resurfacing of Second Avenue from Longden Avenue to Bonita Street - Job No. 509. The estimated cost of the project is $413,000 which will be funded from State Gas Tax Funds. The project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301, Class 1 (C) of the guidelines for implementation of said Act. The City Clerk is AUTHORIZEO to advertise for bids. APPROVED renewal of the Agreement for Services with Liebert, Cassidy & Frierson for labor relations and personnel legal services at a proposed annual fee of $18,276,00, and AUTHORIZED the Mayor to execute the Agreement in a form approved by the 'City Attorney. ALL THE ABOVE CONSENT ITEMS, WITH THE EXCEPTION OF ITEM 8f, WHICH WAS WITHDRAWN, WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER CIRAULO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: , Regarding Item 8d, Councilmember Fasching questioned the necessity of retaining Kaiser Marston at a cost of $2,000 to $3,000. Staff replied that Kaiser Marston's expertise might be necessary during the proposed mall expansion negotiations with Anita Associates. Mayor Pro tem Harbicht noted this is not necessarily an expenditure; it is an authorization for a possible expenditure. .. , AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: CITY ATTORNEY The City Attorney presented and read the title of Ordinance No. 1966: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENpING SECTION 9406.3 OF THE ARCADIA MUNICIPAL CODE TO INCLUDE ENFORCEMENT COSTS AS ASSESSABLE COSTS FOR NUISANCE ABATEMENT". It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Ordinance No. 1966 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT; The City Attorney presented for INTRODUCTION and read the ti tle of Ordinance No. 1967: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 92-003 AMENDING SECTION 9269.14 OF THE ARCADIA MUNICIPAL CODE RELATING TO PAVING STANDARDS IN COMMERCIAL AND INDUSTRIAL ZONES" It was MOVED by Councilmember Ciraulo, tem Harbicht and CARRIED on roll call Ordinance No. 1967 be and it is hereby seconded by Mayor Pro vote as follows that INTRODUCED. 7 4/7/92 9c. ORDINANCE NO. 1968 (INTRODUCED) o <.)'ti () ~. ttJ 9d. RESOLUTION NO. 5655 (ADOPTED) 01<.,0 _::-: () (11'r: ~\C0 ge. RESOLUTION NO. 5652 (ADOPTED) CJ/30-.W 9f. " 9g. RESOLUTIONS NO. 5653 " NO. 5654 (ADOPTED) C;:l.'"-U _,t) 34:0093 AYES; Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 1968: "AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF ARCADIA, APPROVING ZONE CHANGE 92-001, REZONING THE PROPERTIES AT 600 AND 604 N. SANTA ANITA AVENUE FROM R-3 (MULTIPLE FAMILY) TO CoO (PROFESSIONAL OFFICE)". It was MOVED by Councilmember Young, seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1968 be and it is hereby INTRODUCED. I AYES; Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5655: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA SUPPORTING JOINT RESOLUTION NO. 690 OF THE ARcADIA BOARD OF EDUCATION IN OPPOSITION TO THE PROPOSED PARENTAL CHOICE/VOUCHER INITIATIVE". It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5655 be and it is hereby ADOPTED. .. , AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5652: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA SETTING COMPENSATION FOR THE CITY CLERK POSITION". It was MOVED by Mayor Pro tem Harbicht, seconded by Coucilmember Young and CARRIED on roll call vote as follows that Resolution No. 5652 be and it is hereby ADOPTED. Councilmembers Ciraulo and Fasching salary increase was sufficient. however, indicated that he would vote did not agree that the Councilmember Ciraulo, to adopt the Resolution. AYES: NOES: ABSENT: ABSTAIN: I Councilmembers Ciraulo, Harbicht, Young and Gilb None . None Councilmember Fasching (He did not think the increase to be sufficient.) The City Attorney presented and read the title of Resolution No. 5653: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING A DEFERRED COMPENSATION PLAN FOR PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES", and Resolution No. 5654: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING AND RESTATING THE CITY OF ARCADIA EMPLOYEES' DEFERRED COMPENSATION PLAN". It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolutions No. 5653 and No. 5654 be and they are hereby ADOPTED. 8 4/7/92 I I 10. OBJECTIONS TO CARNIVAL IN COUNTY PARK 0$"/<;;-'10 N-"P 11. CIRAULO (Sierra Madre Development on Santa Anita Ave.) FASCHING (Graffiti Removal - Private Property) (Karioke Studio Glass Walls) (Proposed Jiffy Lub Station - Huntington Dr. " Santa Anita Ave.) 34:0094 AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: MATTERS FROM STAFF With regard to the proposed carnival at the County Park, it was MOVED by Mayor Gilb, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that a letter be written to County Supervisor Antonovich requesting that approval for the carnival be denied. Mayor .,Gilb felt that if this carnival were to be approved, many requests.for other such events will follow, and related past problems with similar events. Councilmember Young ", . i'greed. 'Mayo.r Pro tem Harbicht questioned this and noted that the Arcadia Chamber of Commerce had recently held an event at that park. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Young and Gilb Mayor Pro tem Harbicht None MATTERS FROM ELECTED OFFICIALS Councilmember Ciraulo is concerned that a deveiopment on Santa Anita Avenue in Sierra Madre will have an impact on the nearby neighborhood and streets in Arcadia. He suggested that a letter outlining these concerns be sent to the City of Sierra Madre. Councilmembers agreed. .. , In reply to a question from Councilmember Fasching, staff responded that graffiti removal from City right-of-way is done by City staff; a contractor hired by the City removes graffiti from private properties. Staff noted there have been instances when private property owners have chosen to remove it themselves. Property owners are advised that the City will have graffiti removed or the property owner can do it; but if it is not removed, the property owner is subject to the property maintenance ordinance. The City Attorney stated that owner permission is obtained for liability protection purposes. Recently courts have said that a court order is required to go onto private property even to remove a nuisance. Graffiti is considered to be a nuisance for this purpose. Councilmember Fasching expressed concern about proposed requirement for karioke studio glass walls. The City Attorney stated that.was meant as a general statement; the main concern of the Police Department is that there be visibility. This can be conditioned after consultation with the Chief of Police. Perhaps a window would be sufficient. Councilmember Fasching expressed concern about the site of the the proposed Jiffy Lube station at the corner of Huntington Drive and Santa Anita. There is a large hole in the middle of this property where gasoline tanks were removed. This corner is an eyesore and has been in this condition for a long period of time. He has asked the Planning Director to write a letter to the developer in an attempt to alleviate' this situation. The Planning Director explained that the developer intends to put new tanks on the property; so they have not filled in the excavation left by the removal of the old tanks. 9 4/7/92 12. ADJOllRNMENT (Apr.2l,1992 - 7:00 p.m.) ATTEST: )J 34:0095 The Planning Director also explained that much of the delay has been caused by numerous revisions of the plans and specifications to comply with the City codes. The City Attorney noted that after a certain period of time, such a situation can be deemed a property maintenance nuisance problem. The Planning Director noted that in this case the developer is proceeding with the development of the property. The City cannot require a property owner to develop his property; the City can require that the owner keep it in good condition. At 8:50 p.m. the meeting ADJOURNED to 7:00 p. m., Tuesday, April 21, 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 pf roperties. Charles E. Gilb, Mayor 10 4/7/92 . '..;lg '1 '. . , I