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HomeMy WebLinkAboutJANUARY 15,1991_2 I I 33:0011 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE MINUTE APPROVAL (Jan.2,199l) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION 1. PUBLIC HEARING (CONT'D from Jan.2,199l) APPEAL/COND. OF APPROVAL - CUP 90-016 - 42 W. LIVE OAK AV. (COND. 1/1 & 113 DENIED; CONDo 112 APPROVED) 0S-80 -/7) M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 15, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:43 p, m., Tuesday, January 15, 1991 in the City Hall Council Chambers. Rev. Alfred Carter, Arcadia Christian Center Councilmember Charles E. Gilb On MOTION by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED, the Minutes of the Adjourned and Regular Meetings of January 2, 1991 were APPROVED. It was MOVED by Councilmember Gilb, seconded by Council- member Harbicht 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 and Redevelopment Agency met in a CLOSED SESSION this evening pursuant to Government Code Section 54956.9 (a) to discuss matters related to the existing eminent domain case of Arcadia Redevelopment Agency vs, Willson. Additionally, pursuant to Government Code Section 54957.6 matters relating to issues within the scope of representation concerning represented employees were discussed", Appeal of conditions of approval of Conditional Use Permit 90- 016, Bill's Auto Body, 42 West Live Oak (William Skibsted, Owner/Appellant). This public hearing was continued from the January 2, 1991 City Council meeting, Mr. Skibsted appealed three conditions of the CUP: (1) the removal of the razor wire along Welland Avenue; (2) installation of free-standing light poles in lieu of lights attached to the existing wood power poles; and (3) installation of fire sprinklers in the carport area at the front of the building. Staff has received a revised plot plan and met with the applicant at the site to review the plan and the code requirements, The plan still does not accurately show the actual construction. The support columns for the covered parking at the north end of the building are not located as shown; the actual column locations will require that the handicapped parking will have to be relocated to the west side of the office area, The relocation will result in the loss of one parking space. The office restroom has been shifted to the east wall of the office building, In addition, the partially installed fire sprinkler system has not been installed consistent with the approved 1 1/15/91 33:0012 plans, All of the plans must be made consistent with the project as built before final inspection or approval will be given, The Planning Commission approved this Conditional Use Permit and gave the applicant forty-five days in which to remove the metal awning which is located at the south end of the building and the canvas canopies which were being used on the west side of the building as temporary shade structures. This forty-five day period expired on January 11 without their removal. In addition the temporary use of the canvas canopies was conditioned upon the canvas meeting the Fire Department's requirements for tent structures; these canopies have never met this requirement, The applicant's contractors have not renewed their expired electrical and mechanical permits. Again, final building inspections and approval will not be given until the permits are renewed. While no auto body work was observed being done within the uncompleted shop addition I during the meeting with the applicant, vehicles were being parked within this portion of the building, As noted in the staff report, the requirements for the fire sprinklers and the building code occupancy separation are separate issues and a trade-off between the requirements can not be made. In reply to a question from Councilmember Harbicht, staff replied that the cost of installation of new street lights is between $2,000 - $3,000 each, Mayor Young declared the hearing OPEN. Bill Skibsted, Owner/Appellant, Bill's Auto Body, 42 West Live Oak Avenue, stated, in part, with regard to the Fire Department's requirements for sprinklers, there had been a misundersanding with the Fire Inspector, The Fire Code states that sprinklers shall be installed in areas of 5,000 sq, ft. or more, One of his buildings is 3,700 sq, ft,; the other building is a little over 3,000 sq, ft, He is awaiting Council's decision tonight regarding the sprinklers, With regard to the street lights required with circuits to be placed underground so the wooden poles could be removed; in this instance this would not happen because there are telephone and other lines on these poles. Therefore, instead of replacing these poles, it would be a matter of installing additional poles. There would then be three existing power poles, two more concrete poles plus the City wants four trees planted in that 288 foot area. He feels there is no reason the lights should not be placed on the existing poles, The Public Works Director said that Mr. Skibsted was correct in that the wooden poles would remain in place. One of the stipulations from the Commission was that all automobile repair work shall be done inside the building; the carport shall be used for parking only and not for automotive work, This will be adhered to. With regard to the razor wire on Welland Avenue, Mr, Skibsted reiterated that it is inside the chain link fence and is not harmful and is serving a purpose; and, because of the vandalism described at the previous meeting ". the razor wire is necessary, Again, the sprinklers have been installed throughout the whole building; they still need to be hooked up by Southern California Water from the street to the building; they are not completed in the carport. The spray booth is not tied into this system; it has a separate system already in place. The Fire Department wants this incorporated into the main system. The previous plans did not require this, Councilmember Ciraulo noted that these conditions had been set forth when the Conditional Use Permit was approved by the Planning Commission and should have been taken up with the Planning Commission at that time, I Weslev Fieldhouse, Fieldhouse Designs, 6242 Friends Avenue, Whittier, stated, in part, that some misunderstanding with regard to the sprinklers had resulted when the Fire Department made the decision that Mr. Skibsted did not have to put in the 2 1/15/91 I I 2. OO!)~-/O IV ",p 33:0013 new fire hydrant, Mr. Skibsted has been doing his own contracting and sometimes there is difficulty in interpretation of the requirements. He realizes that the life safety requirements such as the sprinklers are part of the code and the City is not being unjust in their interpretation. Some of the other items might be subject to compromise, i, e" the razor wire which is very helpful in curtailing criminal activity, Also, as noted previously, the wooden poles will remain even if new lighting is installed. A great deal of time has gone by and the plans have been worked on by a number of different individuals, so some confusion has resulted. In reply to a question from Councilmember Gilb, staff responded that the electrical and mechanical sub-contractors need to obtain new permits before the final inspection. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED. Councilmember Harbicht stated in part, that in considering the three conditions of the conditional use permit which are being appealed; No.1 - Removal of the razor wire ... the problem is not the razor wire, it's the height of the razor wire. The six foot height should be adhered to .,. Mr, Skipsted has his choice of either removing or lowering the razor wire, No.2 - the City's requirement that they be free- standing light poles in lieu of attaching the lights to wooden poles. .. the fact is the wooden poles are going to stay. The requirement for installing new concrete light poles might be reconsidered because it will be a long time before utility under grounding will be done in that area on an area-wide basis '" if the undergrounding is ever done there it would cost almost nothing to include t~e street lighting as part of the undergrounding at that point in time. He would be in favor of allowing Mr, Skibsted to install two lights on the existing wooden poles, No.3 - Installation of fire sprinklers... there is nothing here that would justify deviating from the City's Fire Code. The carport should be sprinklered ." that condition should be adhered to, Mayor Young added that the main fire sprinkler system should include the fire sprinklers in the paint booth, It was then MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Item No.1 of the appeal, (staff report dated January 15, 1991), DENIED; Item No, 2 of the appeal, changed to require two lights installed on wooden power poles, APPROVED; and Item No. 3 of the appeal, DENIED; and DIRECT staff to prepare a resolution setting forth the action of the City Council, In response to a question from Councilmember Fasching, staff replied there are no specific requirements with regard to razor wire. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: AUDIENCE PARTICIPATION Milt Bade, 115 E, La Porte St., stated, in part, that he is in the construction business, His company has built a new home at 40 West Camino Real Avenue, which is now in escrow. The buyers request that the house number be changed to 38, He has discussed this with the Public Works Director and had 3 1/15/91 ',J:!"r;';5'-IO r/5P 33:UU14 been informed that it is City policy to refuse such address changes. However, in this instance, there had at one time been a house numbered 38 on this property, originally there had been two houses on the property; one numbered 38 and one numbered 40. The house directly across the street is number 35 and the houses on either side of that property are 31 and 39 West Camino Real. Further, the house to the east of Mr. Bade's new house is number 32 and the house to the west is 48, so an address change will not create any confusion. In the past his company has changed house numbers, and he was not aware of Council's policy that they did not want house numbers changed. Mr, Bade added, if there is an expense for changing the house number he would be more than happy to pay whatever the cost or fee would be, It will be a matter of considerable hardship for him at the p~esent time if the address is not changed. In response to questions from Council, staff I explained the process to change addresses, Considerable discussion ensued, Some Councilembers thought that perhaps this policy, which had been established by Council direction to staff, should be changed, Perhaps the numbers could be changed in cases where there is no good reason for refusal, Mayor Young felt that such a policy change would be unfair to persons who had previously made such requests and been refused. Also, there is the matter of the cost involved which should be paid by the applicant. Councilmember Harbicht felt that, instead of making a decision specifically regarding Mr. Bade's request, the entire policy should be changed, Further discussion ensued as to whether to act on this matter at this time or discuss it further as an agenda item at another meeting. Councilmember Harbicht noted that when Council established this policy it was at a budget session. Someone brought up this issue and direction was given to staff. And direction can be given to staff tonight to continue that policy or modify it. This does not have to be on an agenda. The City Attorney responded that, "That is correct. If it was done as a direction to staff item you are correct. .. Then by direction to the staff you wouldn't have to adhere to any Brown Act requirement." Councilmember Fasching stated in part, if the City is compensated for this expense he has no real reason for not going ahead and changing the policy, but he would want the City compensated for the work that will have to be done. The City Manager reported that research had occurred to determine what the cost might be to the City per house, to change address numbers, Staff had determined that a fee of $500 would suffice, This is the figure that Monterey Park uses... Mr. Bade interjected that he would be happy to pay the fee that Mr, Watts had arrived at. In response to a question from Councilmember Fasching, the City Attorney replied that, "The $500 would have to be established through sometime down the road, through a I resolution or ordinance", you could apply it informally to Mr. Bade, and he has voluntarily indicated he would pay it, so you could take care of him, but in regard to others, I would recommend that you establish some sort of resolution, or by ordinance. We set a lot of fees by resolution so there would be something on the books establishing it," Mayor Young reiterated, "As you know, I feel that morally I feel sorry for ,the people in the past that we have handicapped, however, I would say on this, that we will charge the fees as adjusted to cost, starting at $500, If we find that they go up then we can raise them." It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows 4 1/15/91 I I SGVC BOY SCOUT TROOP NO. 24 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (Jan.2,199l) (APPROVED) 4c. DEMOLITION/SITE CLEARANCE NW CORNER & SW CORNER PROJECTS (CONTRACT AWARDED Bid 9091-9) D "" 80 - z.."'ff Z- ~f.6 jj:UU1) that Council RESCIND its earlier direction to staff regarding address numbers; and DIRECT staff to allow address number changes where possible, and recover all costs involved with the minimum fee set at $500. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht, and Young (Yes - to charge for the service) NOES: Mayor Young (No - to rescinding policy of no address number changes) ABSENT: None Councilmember Fasching added that numbers not be changed from the odd numbered side of a street to the other side or the reverse. Councilmember Ciraulo commented the numbers must stay in sequence. Councilmember Gilb added that the numbers should not be moved around corners (from one street to another street) on corner lots. Bernard Lizenbv, 1037 S. First Avenue, was present to read a letter he had written to the Councilmembers expressing his strong opposition to the action of the United States Government in sending troops to a war in the Persian Gulf and questioning Government officials' motives in so doing. He was also critical of the United States alliance with Israel. He urged Council to pass a Resolution in opposition to this war. Mayor Young welcomed members of the San Gabriel Valley Council Boy Scout Troop No. 24 present in the audience tonight working on their Citizenship and Community Merit Badges. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Fasching, Gilb, Harbicht and Young ABSENT: None On MOTION by Member Harbicht, seconded by Member Ciraulo and CARRIED, the Minutes of the Meeting of January 2, 1991 were APPROVED, On December 7, 1990, Notice to Bidders 9091-19 for the demolition and site clearance of the Northwest Corner Project and the Southwest Corner Project was released. The Bid Notice appeared in the Arcadia Tribune on December 12, 1990, and the Green Sheet during the week of December 10, 1990. A recap of the bids was presented in staff report dated January 15, 1991. It was MOVED by Member Harbicht, seconded by Member Fasching and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency AWARD the contract for the demolition and site clearance of the Northwest Corner Project and the Southwest Corner Project to the low bidder, Charlie Ray Gann Demoli tion in the amount of $64,735,00, and AUTHORIZE contract execution by the Executive Director, subject to minor revisions as to form by the Agency General Counsel. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb, Harbicht and Young None None 5 1/15/91 4d. ARA RELOCATION RULES/REGULATIONS UPDATE-JAN. 1991 o t.. 1 0 - Ils" RESOLUTION NO. ARA-164 (ADOPTED) DI..I ()- 8~ 4e. ADJOURNMENT 5. 6. 6a. 6b. 6c. EQT.PURCHASE - 30 KW Generator (Fire Dept.) O'B<{D~'3~ 6d. CONTRACT AWARD (Reconst.Alley So.of Htg. Bet. First " Second Aves. - Job No. 674 - CDBG Project No. D-906l9) 092.0-1:;;' 6e. FINAL MAP 48199 (49 - 53 Fano St.) () 8''-0 _'-0 JJ;VU.1.0 The Arcadia Redevelopment Agency's original Relocation Rules and Regulations were prepared by the Agency's relocation consultant, Port & Flor, Inc., and were adopted by the Agency on September 1, 1977. They were updated on March 18, 1986 and on September 5, 1989. Recent changes in the State relocation law effective January 1, 1990 through the approval of Assembly Bill 324 make it necessary to again update and amend the Rules. These changes generally pertain to increased compensation required to be paid to residential and business renters and owners. A summary of the primary changes to the law may be found in staff report dated January 15, 1991. The Assistant City Manager for Economic Development read the title of Resolution No, ARA-164. It was then MOVED by Member Harbicht, seconded by Member Ciraulo ,and CARRIED on roll call vote as follows that Resolution No. ARA-164: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY AMENDING THE AGENCY'S RELOCATION RULES AND REGULATIONS (January 1991)", be and it is hereby ADOPTED, I AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb, Harbicht and Young None None The meeting ADJOURNED to an ARA Study Session at 6:30 p.m., February 5, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS Considered separately, See Pg. 7. Considered separately, See Pg, 7, AWARDED contract for the purchase and installation of a 30 KW generator for the Fire Department to Duthie Electric Service in the amount of $22,972,46, Funds for the purchase of the 30 KW generator are budgeted in the Capital Outlay Fund in the amount of $23,000.00, AWARDED contract in the amount of $42,410.00 to the low bidder, Nobest, Inc" for the removal and reconstruction of deteriorated asphalt concrete alley surface south of Huntington Drive between First Avenue and Second Avenue - Job No. 674. APPROPRIATED $55,000.00 from the CDBG Fund for construction, inspection, and contingencies; that any informalities in the bid or bidding process be waived and that the Mayor and City Clerk be AUTHORIZED to execute a contract in a form approved by the City Attorney. I APPROVED Final Map 48199 for an eight (8) unit condominium project at 49 - 53 Fano Street, filed by John B. Abell, Inc., the engineer for the project. Approval on condition that all outstanding conditions of approval, as outlined in the report from the Public Works, Department dated January 15, 1991 shall be complied with to the satisfaction of the Director of Public Works, 6 1/15/91 I I 6a. GEN.PLAN & GEN. PLAN MAP S REPRODUCTION (APPROVED) 6-3'1o-ioO DS-3~-IO 6b. EQT.PUR.- Buick LeSabre Sedan (Water Dept.) .!) ~LJl) - ~O 7. 7a. WATER CONSERVA- TION - NEW WATER BILLING SYSTEM - PHASE I (APPROVED) O'[!',O-{,O 33:0017 ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER GILB, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: In reply to a question from Councilmember Fasching, staff responded that copies of the General Plan will be distributed to Councilmembers, Planning Commissioners, City Staff, Library and adjoining jurisdictions. About one-half will go out right away and the other half will eventually be sold to the general public, It was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that $1,700 in expenditures from the General Fund be AUTHORIZED for the reproduction of the General Plan (including technical appendices) and the General Plan maps, AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: Councilmember Fasching said that, since a 1985 automobile is to be sold at auction, perhaps instead it could be sold to City personnel, The City Manager replied this can not be done legally, Although the City could set up its own auction, it has been found that more money is raised by having Nationwide Auctions handle the auction, ' It was then MOVED by Councilmember Fasching, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that a contract be AWARDED for the purchase of a Buick LeSabre Sedan to Reynolds Buick in the amount of $16,993.93. Funds for the purchase of the sedan are budgeted in the Water Equipment Replacement fund in the total amount of $18,000.00, AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: CITY MANAGER Because the consideration of a new water billing system was tabled at the June 5, 1990 City Council Meeting, it was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that this item be brought back to Council. AYES: NOES: ABSENT: Councilmernbers Ciraulo, Fasching, Harbicht and Young Councilmember Gilb None At its June 5, 1990 meeting, City Council considered an agenda item regarding modification to the existing water billing system to permit printed messages and consumer's water use percentage change on water bills, Staff had recommended a new utility billing system because of the speed with which it would operate; the information it could print on the bill; its record-keeping capability; its ability to run a water conservation program, and other automatic functions currently lacking in the existing water billing system. The Council 7 1/15/91 jj:UU1~ decided to table this agenda item. Since that time, however, several conditions'have changed. The drought has continued and voluntary water conservation has not been successful. On December 10, 1990, Metropolitan Water District (MWD) , the largest supplier of imported water in Southern California, authorized the first mandatory regional water conservation program. Because of the severity of the drought situation, MWD is going to Stage'III which becomes effective February 1, 1991. The Public Works Director explained in detail the difference between the direct (firm) deliveries and replacement (non- firm) deliveries of water from the MWD, Metropolitan member agencies will have to pay a substantial surcharge of $394 per acre foot for non-firm deliveries if they exceed their monthly allotments based upon fiscal year 1989-90 usage. In reply to a question from Councilmember Harbicht, the Public Works Director replied that, although the I City had to take direct deliveries of water from MWD this past year to meet peak demand, this is the only time this situation has occurred in, probably, the last ten years. Staff estimates that if some type of a mandatory conservation program is not implemented, the City might have to pay close to $700,000 in penalty fees to the MWD. It is essential that the City's existing billing system be modified if a mandatory water conservation program is to be implemented, Due to MWD's sudden implementation of mandatory water conservation, effective February 1, 1991, the City may want to modify its water billing system in two phases. The first phase would handle the immediate problem of getting a billing system on line to start mandatory water conservation in March 1991 This phase would involve modifying the existing computer programming of the water billing system which is Alternate 2 of the June 5, 1990 report, The second phase would involve the purchase of a new utility billing system with folded bills inserted in envelopes which is Alternate 4 of the June 5, 1990 r~port, It will take approximately two months to make Phase 1 computer program changes if staff is authorized to employ a contract computer programmer. The first phase will cost approximately $14,300 and will utilize the existing postcard system. Should the City Council desire to notify each water customer directly by mail of the mandatory water conservation program, $4,300 should be added to the $14,300 cost for envelopes and postage. The existing postcard system does not permit mailing stuffers because the City does not use envelopes. The second phase of modifying the existing water billing system involves the purchase of a new utility billing system with folded bills inserted in envelopes, Because the purchase of a new system will take approximately nine months to complete, it cannot be utilized for immediate implementation of a mandatory water conservation program, Staff will bring a report to the February 5, 1991 Council I meeting regarding the mandatory program. Included with this report will be a proposed urgency ordinance to be put into effect February 5, 1991, such that the April billing which will include February and March, will start the mandatory conservation program. The first phase of the recommended new billing system could be in effect by that time. In reply to question from Councilmember Gilb, the Public Works Director stated that the City is starting its own conservation program by cutting back on the watering and times of watering of City property and seeing to it that the sprinklers are working efficiently so as to minimize any waste. Councilmember Harbicht noted that the decision as to the kind of billing system to be utilized might to some extent depend 8 1/15/91 _~~.. .v 33:0019 on what kind of program Council adopts for water conservation, Since this mandatory conservation program is to be discussed at the next Council meeting, perhaps it would be advisable to wait until that time for consideration of the billing system, The City Manager responded the reason for this is the timing, The City needs to get started immediately on a billing system if it is to be implemented by the April billing date, There are two alternatives before, Council, but in each of the alternatives, the first step is to go with the first stage which is the $18,000 to $20,000 system. The City has to have that for any conservation program implemented, The decision regarding the second stage can be made at a later time, Mayor Young inquired if the new bill would resemble the electric company bill, showing what was used previously; how much was cut back; so the homeowner will have that information? I Jerrv Parker, Assistant Finance Director, stated, in part, that with regard to the new system, the City will be setting up tables when the $14,000 program change is made, so that in February when the Council adopts a different phase at different amounts, it can be implemented. Wi th regard to Mayor Young's question, the new system will have a larger data base and we will be able to maintain more detailed records with regard to usage, consumption, where the water is coming from, what basin, etc, It will be a state-of-the-art system, No decision has been made as to how much detail will appear on the homeowner bills, Probably it will have base year, compared to conservation, over or under consumption, percentage consumption, etc. Possibly it will reflect a three year average, Mayor Young said she would like to see it show the customer's monthly consumption, Councilmember Harbicht suggested that with the next billing, the conservation letter be included in an envelope with the postcard bill, thus saving an extra mailing. Councilmembers agreed with Councilmember Harbicht that they did not want the bills to show carry-over credits from one month to the following month for those who conserve more than the required lOt in a given month. It was MOVED by Councilmember Harbicht, seconded by Mayor Young and CARRIED on roll call vote as follows to AUTHORIZE the expenditure of $18,600 to implement Phase I of revising the water billing system (includes $4,300 for mailing notices to each water customer); funds to be APPROPRIATED from the Water Fund; AUTHORIZE the Finance Director to retain a computer programming firm to modify the City's existing water billing program. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: I It was MOVED by Councilmember Fasching that Phase II be brought back to Council on February 5, 1991 in relationship to the mandatory water rationing program. Mayor Young questioned that such a motion was necessary, The MOTION DIED for lack of a second, The City Manager stated that what will come back at the next meeting will be the proposal for a mandatory water rationing system along with a new ordinance on conservation; not necessarily Phase II of the billing system. Councilmember Fasching said Phase II is what he would like to see discussed further because of the future advantages. By general consent, the question of Phase II will be brought to the February 5, 1991 Council meeting as part of an agenda item along with consideration of the mandatory water conservation program. 9 1/15/91 7b. ZONING REGS. COMMERCIAL PROP. ABUTTING RES. PROP. (INITIATE TEXT AMEND.PROC.) OS-YO-bS' 8. 8a. ORDINANCE NO. 1929 (INTRODUCED) 8b. RESOLUTION NO. 5564 (ADOPTED) () I '30- Ko 33:0020 Consideration of staff report of past and present setback and window regulations for commercial proj ects which abut R-l residential areas. The commercial zones in which such regulations apply are the C-O, C-l and CoM zones, These regulations are set forth in detail in staff report dated January 15, 1991, The existing regulations were adopted as Ordinance No. 1760 and became effective on February 5, 1983, Councilmember Harbicht had requested that this report be brought before Council because he feels the Ordinance as it exis ted before the changes was the proper ordinance, The present Ordinance came about as a result of one proposed development and a few neighbors who were upset about it, As a result, Council changed the Ordinance and created a situation where people who own commercial property which happens to abut residential property are caused a tremendous hardship when they wish to develop that property and results in development which is not desirable, The Ordinance is written in such a way that it does not take into consideration how large the commercial property may be or how far away from the abutting residential property, the commercial building still cannot have any windows on that side, The City has not rezoned any new commercial areas for years so people who own such residential property knew when they purchased it that it was abutting the commercial area, It is his belief that the commercial property owners are being penalized by this Ordinance, " I It was then MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that staff be DIRECTED to redraw the ordinance to revert to the prior regulations and submit it to the Planning Commission for consideration and recommendations to the City Council, AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: CITY ATTORNEY ;/ The City Attorney presented for introduction and read the title of Ordinance No, 1929: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TEXT AMENDMENT 90-007 AMENDING THE PARKING REQUIREMENTS FOR MULTIPLE-FAMILY UNITS IN THE R-2 AND R-3 ZONES TO PROVIDE 2,5 PARKING SPACES PER UNIT FOR UP TO AND INCLUDING EACH THREE BEDROOM UNIT AND TO REQUIRE ONE ADDITIONAL PARKING SPACE FOR EACH BEDROOM IN EXCESS OF A THREE BEDROOM UNIT", It was MOVED by Councilmember Gilb, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No, 1929 be and it is hereby INTRODUCED. I AYES: NOES: ABSENT: Councilmembers Ciraulo, Gilb and Young Councilmembers Fasching and Harbicht None The City Attorney presented and read the title of Resolution No. 5564: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO DESTROY 100 DAY OLD COMMUNICATION RECORDINGS AS AUTHORIZED BY GOVERNMENT CODE SECTION 34090.6". It was MOVED by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5564 be and it is hereby ADOPTED, 10 1/15/91 I I 8c. CLAIM OF M.TREJO by GUARDIAN E.TREJO (DENIED) / (;J 7' D - 'IV Bd. CLAIM OF M.B.GRIGRY (DENIED) -, 10 '11)- 'N./ 9. LIBRARY BLDG. PROJ. - APPLICATION FOR PROP. 85 FUNDS ($7,000 Add'l) (APPROVED) O/3o-7'D J.);VV,,".1. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: The City Attorney noted that, after interviewing the Paramedics, it was learned that the incident covered in this claim did not occur on City property, but on County Flood Control District property. The attorney for this claimant will be notified that the claim has been filed with the wrong entity, Nevertheless, the City Attorney advises denial of the claim. On advice of the City Attorney, the claim of M. Trejo by Guardian E. Trejo was DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows: AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: On advice of the City Attorney, the claim of M, B. Grigry was DENIED on MOTION by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows: AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: MATTERS FROM STAFF Pursuant to advice from the City Attorney, it was MOVED by Councilmember Harbicht, seconded by Mayor Young and CARRIED that the need to take action on this matter arose subsequent to the posting of the Council agenda, Kent Ross, City Librarian informed Council by memorandum dated January 15, 1991, that in June of 1990 the City Council had approved the Library Board's recommendation to contract with Charles Walton Associates to develop a library building plan and to assist in preparing the application for Proposition 85 funding. This funding program was passed by the electorate in 1988 providing 75 million dollars in construction funds for those libraries that qualify. In order to be eligible for consideration, the application must be completed and sent to the State Library no later than February 15, 1991. Recently, the Librarian had been informed that it is the City's responsibility to provide a boundary survey, a site and building appraisal and a soils engineer's report. These reports are a required part of the application and are not part of the contract with Charles Walton Associates. They will incur a cost of approximately $7,000 over and above the amount approved, An immediate request for the funds is necessary, not only to meet the deadline of the State, but also to provide the City Council with the opportunity to review the proposal by the February 5, 1991 City Council meeting. Therefore the City Librarian is requesting that an addit~onal $7,000 be applied to the account provided for the building project proposal. II 1/15/91 10. FASCHING (Audience Participation Action) CIRAULO (Street Disrepair) GILB (N.Michillinda Sunken Asphalt) (In Memory ./ of Douglass F. Moline) 11. ADJOURNMENT (Feb.5,199l 6:30 p.m.) ATTEST: J D. Alford, j J-J.VVLL ,",' It was then MOVED by Councilmember Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows to AUTHORIZE $7,000 to.complete the information that is required by the application for Proposition 85 funds, AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: MATTERS FROM ELECTED OFFICIALS With regard to the earlier request from Mr. Bade which was acted upon by Council during the Audience Participation segment of the meeting, he does not feel Council should make a habit of taking action in a hurry in response to such requests, These matters should be handled as agenda items. I Some of the streets in the City are beginning to be in disrepair; potholes on Huntington Drive and some on South Second. He inquired about the repaving schedule and would like to see the repairs made before the striping, approved at the previous meeting, is done. The Public Works Director replied that the striping is done over existing striping; it is not new striping. With regard to the disrepair on Huntington Drive, the problem is that it is in the redevelopment area, When the redevelopment is started and the utilities are put in place, a new street would be torn up again. Residential areas can be repaired quickly. Every year a field review of the streets is done to locate those which need to be resurfaced, slurry sealed or reconstructed in some manner. It is then put into the Capital Improvement Program if it is over $10,000; if under that amount, it is put into the regular budget. The City Manager noted these types of things are included in the Capital Program, That Program is provided to the Council in March. Also, these can be reviewed again during the budget, review process. Requested that the Public Works Director check on sunken asphalt paving on North Michillinda where a water line was recently installed. "I would like to close the meeting tonight in memory of Douglass F. Moline. Doug passed away yesterday, He died of cancer. Doug and his wife, Jane, were a very integral part of the community and they sort of supported just about everything that happened in the community. He was one of those quiet people who was a good citizen and a good father and a good grandfather. He did everything he could to help the City in the time he had allotted to it. The visitation was today and the funeral services are tomorrow at 11:00 a.m. at Forest Lawn in Glendale. In lieu of flowers, they have asked that donations be made to the American Lung Association at the Forest Lawn Glendale Directors. I would like to close the meeting tonight in memory of one of our outstanding citizens who just passed away, Douglass F, Moline." I At 9:40 p. m" the City Council ADJOURNED to 6:30 p. m., February 5, 1991 in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation and evaluation of properties. ?0~~~~ Mary B. oung, yor 12 1/15/91