HomeMy WebLinkAboutFEBRUARY 19,1991_2
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33:0045
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Feb.5,1991)
(APPROVED)
ORD & RES.
READ BY
TITLE ONLY
CLOSED
SESSION
1.
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
FEBRUARY 19, 1991
The City Council and the Arcadia Redevelopment Agency met in
a regular session at 7:45 p. m., Tuesday, February 19, 1991
in the City Hall Council Chambers.
Rabbi David Barnett, Temple Shaarei Tikvah
Planning Director William Woolard
PRESENT: Counci1members Ciraulo, Fasching, Gi1b, Harbicht and
Young
ABSENT: None
On MOTION by Councilmember Harbicht, seconded by Councilmember
Ciraulo and CARRIED, the Minutes of the Adjourned and
Regular Meetings of February 5, 1991 were APPROVED.
It was MOVED by Counci1member Gi1b, seconded by Counci1member
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 the
Arcadia Redevelopment Agency met in a CLOSED SESSION this
evening pursuant to Government Code Section 54956. 9(a) to
discuss the pending claim against the City brought by Potlatch
and Simpson Corporations; further, the Redevelopment Agency
met in CLOSED SESSION pursuant to Government Code Section
54956.8 to give instructions to the City's negotiator
regarding the acquisition of certain leased property retained
by Mr. Scaff applicable to the Willson property at 117 North
Second Avenue".
AUDIENCE PARTICIPATION
W. E. Hicks, 125 West Santa Anita Terrace, stated, in part,
that he is present to apologize to Council for his disorderly
conduct at the previous Council meeting. Additionally, in
reference to the water conservation mandatory 10% reduction
in usage, he gave a list of recommendations to Council which
he hoped would maximize fairness and help secure citizen
cooperation: (1) forgive the penalties for first period which
are being applied ex post facto; (2) make water rates and
sewer charges for the three year base period available so that
they can be checked; (3) make the formula for determining base
allocation from the three year usage available; (4) make base
allocations to all water users available as public information
on request; (5) collect and make available information
1
2/19/91
,,~t~\-
. -' ~":'.::;:.-
2.
3.
3a.
ROLL CALL
~4\(
.,~'~ ,
d'
~
3b.
MINUTE APPROVAL
(Feb.5,1991)
(APPROVED)
3c.
AMENDMENT TO
ASSIGNMENT/AMEND-
MENT AGREEMENT &
DDA (Northside
Proj. - Chandler
Group & Emkay)
(APPROVED)
06rfO.P5
33:0046
regarding effective water conserving devices and techniques;
and (6) modernize the water billing system so that these
things can be accomplished. Mayor Young responded that
several of these suggestions have already been implemented and
the information will be shown on the forthcoming water bills.
Charles Chivetta, 106 East Longden, stated, in part, that his
automobile was legally parked near his office on Huntington
Drive where it was sideswiped by a unit of San Gabriel
Transit, doing business as Bell Cab Company. Mr. Chivetta
has repair estimates in excess of $1,500 from two or three
different automobile repair shops. He has attempted to
contact the insurance carrier for two weeks without success.
None of his telephone calls have been returned and he has been
unable to obtain claim forms to submit for this damage. The
insurance carrier, Protective Casualty, Inc. of Missouri, is
not a bona fide company to do business in California as is
required by the Insurance Commissioner. Perhaps San Gabriel
Transit should find another insurance carrier who has a local
office. He has been in consultation with David Feinberg of
the City, who has been very cooperative in calling Dial-A.
Ride; he has also talked to representatives of San Gabriel
Transit, but without result. Mr. Chivetta is present to ask
for Council's help. Mayor Young responded that the matter
will be looked into.
I
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Ciraulo, Fasching, Gilb, Harbicht and
Young
ABSENT: None
It was MOVED by Member Gi1b, seconded by Member Harbicht
and CARRIED, that the Minutes of the Study Session and the
regular meeting of February 5, 1991 be APPROVED.
Consideration of request to approve an amendment to the
Assignment and Amendment Agreement and to the Disposition and
Development Agreement - Northside Project. The Agency has
received a request from the Chandler Group for a nine month
time extension to the development schedule for Parcel D
(Kiewit West) of the Northside Project as well as a one year
extension to the Agency's September 19, 1989 Design Review.
Additionally, Chandler has indicated that they are no longer
interested in purchasing and developing Parcel E (Kiewit
East), but that Emkay will fulfill that obligation. The
Chandler Group and Emkay Development, as parties to this
agreement, have signed it. In reply to questions from Agency
Members, staff explained that the $30,000 letter of credit is,
basically, held on deposit to ensure good faith that the
developer will perform as per the agreement.
I
Member Fasching questioned why the Agency is doing this,
rather than just taking the property back. It is his feeling
that these companies are holding this property for
speculation. Staff responded that the Agency has an agreement
that it is contractually bound to honor. In this instance the
Chandler Group has purchased Parcel D, which is Kiewit West,
from Emkay. They were to complete a 38,000 sq. ft. office
building by June 30, 1991. They will not be able to do so
because of delays in processing the building permit
application, etc. Therefore, they need an extension of time
to build this building. Since the Agency will be losing the
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2/19/91
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33:0047
tax increment if the building is not built on time, they will
pay for that lost tax increment - - the $30,000 mentioned
earlier. The Chandler Group could be in default as of June
1991, but it would be somewhat difficult for the Agency to
try for a legal right of reverter when the City has building
plans on file and a developer ready and able to perform and
probably, by that time, a building permit in hand. In reply
to a further question, staff explained that Parcel E, which
is Kiewit East, is still Agency property. The Agency intends
to sell it in early March to Emkay because, although it was
originally going to be sold to Chandler, Chandler has asked
to be relieved of this responsibility and Emkay is there to
purchase it. If this amendment is approved tonight, the
Agency's losses are taken care of because the developer is
going to pay the Agency out of the letter of credit or cash
the tax money the Agency would have received had the building
been built on time; tax increment is already being received
on the land.
In reply to a question from Member Harbicht, staff explained
regarding Parcel E, Emkay was to have been the original
developer; they decided they did not want to develop that
Parcel and Chandler then took over; and it has now reverted
to Emkay. There was no land sale; the price to Emkay is still
the same DDA price ($11.50/sq. ft.). The delays were not the
fault of Emkay; they were the fault of Kiewit because of the
pollution. The Agency has honored its part of the deal and
it has taken a long time to do so. Emkay has stated that they
are prepared to proceed to develop a 48,000 sq. ft. office
building as called for in the DDA on Kiewit East. The Agency
is contractually obligated to sell it. Member Harbicht said
then actually what is before the Agency tonight concerns only
Parcel D and has to do with the three month extension and the
$30,000 to be put up by Chandler. Staff replied it deals with
both parcels only in that it clarifies the position of the
Agency and both companies. Member Fasching stated in part,
that it seemed to him that the company is paying the Agency
this $30,000 deposit money to hold the property and he has to
consider it to be nothing more than an option to purchase.
Staff further stated the $30,000 is based upon lost tax
increment.
Roger Wolf, Chandler Group, 610 N. Hollywood Way, Burbank,
stated, in part, that his company is not in the business of
speculating on property; they develop the properties they buy.
A couple of factors have lead to the present difficulties.
There has been an economic downturn the last several months
so there was difficulty locating a construction lender; now
such a lender has been found. A Letter of Intent has been
signed to lease approximately 10,000 sq. ft. of the two
buildings; also they have an outstanding proposal for an
additional 10,000 sq. ft. The Building Department has the
plans; a parcel map was recently signed and delivered to the
City; the access agreements required by the parking variance
received on the property are in draft form. The company is
moving ahead with this; they are not stalling; they have no
intention of using the property to speculate on land value.
With regard to the risk element, at this point the Company has
spent money to buy the land from Emkay at a price that was
greater than Emkay paid the Agency. In addition, considerable
amounts of money have been invested in architecture,
engineering, staff time and other items, bringing the total
investment "to date to approximately 1.6 million dollars. It
is his understanding that the purpose of redevelopment is to
rejuvenate properties for purposes of increasing tax revenue.
The company is paying the taxes on the land and has put up the
money to help defray any losses the Agency may suffer as a
result of the tardiness. In reply to a question from Member
Fasching, Mr. Wolf said the company generally holds its
properties for about seven years. The type of project to be
3
2/19/91
3d.
PHASE I ENVIRON.
ASSESSMENT
(Southwest Corner
Proj. - Tntffic
Island & Access
Rd.)
(APPROVED)
0680 -2 <f. if
33:0048
developed here tends to gear itself towards a owner-user
situation. The land itself is not for sale. Member Fasching
questioned Mr. Wolf's statement that the Chandler Group had
expended $1,600,000 on Parcel D; how much of this figure was
for promotion or development? Mr. Wolf responded that over
50% or $800,000 had been spent in trying to develop that
particular parcel of land. Further, a portion of the funds
went into the down payment on the land and the rmainder into
architecture, engineering and staff time. Also in response
to Member Fasching, the Chandler Group would be reluctant to
increase the Letter of Credit to $60,000, the figure mentioned
by Member Fasching.
Member Harbicht stated, in part, that: the purpose of the
Agency is not to increase tax revenue; it is to eliminate I
blight; tax revenue is how it is financed. Therefore, the
Agency has no reason to be concerned whether the developer
sells the building to another investor or maintains control
himself. They have an obligation under the DDA to perform and
they have to do that or lose the property. Member Fasching
said he thought the property was sold for too low a price.
The fact is, the Agency had open bids on the property; this
was the best proposal the Agency received; and the price at
that time was not too low. The Agency has had estimates on
the property across the street which is in the process of
being developed; none of them were near $25jsq.ft. Chandler
has an obligation under the DDA to perform and if they don't,
they will lose the property; so it is not as if t,ey can just
sit there for a year and do nothing and allow the property to
appreciate. If they haven't done anything in a year, it is
clear they don't intend to follow through, and the Agency can
then take the property back. The Agency should not be trying
to extort more money from them than the Agency should be
getting.
It was MOVED by Member Harbicht, seconded by Member Gi1b and
CARRIED on roll call vote as follows that the Arcadia
Redevelopment agency APPROVE the "Amendment to Assignment and
Amendment Agreement and to Disposition and Development
Agreement (Emkay Proj ect)"; and AUTHORIZE and DIRECT its
execution by the Agency Chairman, subject to minor revisions
approved as to form by the Agency Attorney.
Member Fasching agreed that it is not the Agency's concern who
eventually owns the buildings. He was addressing his comments
primarily to the elimination of blight, also. He would like
to get it done rather than let it drag on. If it doesn't
develop at the end of the next twelve months, when the Agency
receives the $30,000 and the property back, then the Agency
has to start allover again and we will be looking at another
year or two in getting rid of blight. His interest is in
getting this proj ect going; if the Agency does not have
someone who will do this, there may be someone else that the
Agency can find that will do the project.
I
AYES:
NOES:
ABSENT:
Members Ciraulo,
Member Fasching
None
Gi1b, Harbicht and Young
On January 24, 1991 the Agency solicited requests for
proposals for a Phase I Environmental Assessment for the
traffic island and access road portion of the Southwest Corner
Project site. This property was excluded from earlier Phase
I Environmental Assessments of Southwest Corner Properties
until it became part of the development. A Phase I
Environmental Assessment is done as a first step investigation
of property to determine if there ,is reason to believe soils
contamination is present. The results of the study will
indicate either that the Agency can proceed with development
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2/19/91
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3e.
ADJOURNMENT
4.
5.
Sa.
PUBLIC
HEARING
SCHEDULED
(Mar.l9,l991)
r) 5-60 - '00
5b.
PUBLIC
HEARING
SCHEDULED
(Mar.3,l99l)
OSllO -6$'
5c.
EQUIP. PURCHASE
(Sr. Cit. /Rec.
Dept. Facility)
OS~(}- .':0
.J ? .3',) -d.'f.)
5d.
BUS.LIC.FEE
RED'N (Arcadia
High School -
Community Fair
Amusement
Ridea). .=
J3(::.{J,"",-',J.,..
5e.
STUDENT PROJ.
FILMING FEE
REFUND
., ) 'J t.. ~
v~ :, tf "'"' ~~j
Sf.
INDIV.CYCLIC
STORAGE AGREE'T
(Main S.G.Basin
Watermaster)
O?7i) -5' 0
Nl'llD lIe
33:0049
plans with reasonable assurance of no hazardous soils problems
or whether there is cause for the Agency to investigate
further.
It was MOVED by Member Harbicht, seconded by Member Ciraulo
and CARRIED on roll call vote as follows that the Arcadia
Redevelopment: Agency ENTER INTO a cont:ract with AeroVironment,
Inc. for a Phase I Environmental Assessment of the traffic
island/access road portion of the Southwest Corner Project in
an amount not to exceed $3,000 ($2,500 plus $500 contingency)
in a form approved by Agency General Counsel.
AYES:
NOES:
ABSENT:
Members Ciraulo, Fasching, Gilb, Harbicht and Young
None
None
The meeting ADJOURNED to 7:00 p. m., March 5, 1991.
CITY COUNCIL RECONVENED
CONSENT ITEMS
PUBLIC HEARING SCHEDULED for March 19, 1991 for consideration
of an appeal of the Planning Commission's approval of
Tentative Parcel Map 90-014, to consolidate and resubdivide
118 vacant industrial lots (zoned M-l) into 13 new lots; 12
lots are located along Clark Street and one lot, a back lot,
has no street frontage. (City of El Monte, appellant).
PUBLIC HEARING SCHEDULED for March 5, 1991 for consideration
of Text Amendment 91-001, proposing to change the setback
requirements and the window restrictions in the CoO, C-l, C.
2 and C,M commercial zones.
AUTHORIZED staff to purchase the equipment for the new Senior
Citizen Center/Recreation Department Facility as listed in
staff report dated February 19, 1991 utilizing $51,700 in
funds available in the Parks and Recreation Facilities Fund.
APPROVED reduction of Business License fee for the Arcadia
High School Athletic Booster Club Community Fair event to
$5.00 per amusement ride. Kemsley Shows will provide 12
amusement rides and will be required to provide a Certificate
of Insurance to the City.
AUTHORIZED refund of a filming fee of $90. paid by Monique
Breen for a student filming project. This provided for in
Arcadia Municipal Code Section 6616.10.
APPROVED the Individual Cyclic Storage Agreement with the Main
San Gabriel Basin Watermaster and AUTHORIZE the Mayor to
execute the Agreement in a form approved by the City Attorney;
APPROPRIATE $632,000 from the Water Fund to purchase a maximum
of 4,000 acre-feet of water.
THE ABOVE CONSENT ITEMS 5c, 5d, 5e, AND Sf WERE APPROVED ON
MOTION BY COUNCIUl.EMBER GILB, SECONDED BY COUNCIUl.EMBER
HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
5
2/19/91
5g.
OPPOSE SB52
(SGV Water
Agencies
Duplication)
O'if70JM
5h.
AMER.COMMUNITIES
FOR CLEANUP
EQUITY (ACCE)
(APPROVED
JOINING)
0'8.;)0- So
6.
6a.
WATER
CONSERVATION -
City-owned
Facilities
o ~ fa - ~o
33:0050
AYES:
Counci1members Ciraulo, Fasching, Gi1b, Harbicht and
Young
None
None
NOES:
ABSENT:
It was MOVED by Mayor Young, seconded by Councilmember Gi1b
and CARRIED on roll call vote as follows that the City of
Arcadia OPPOSE SB52 (San Gabriel Valley Toxic Cleanup and
Groundwater Management Agency) which would duplicate existing
water agencies in the San Gabriel Valley.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
I
NOES:
ABSENT:
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED on roll call vote as follows
that Council APPROVE the City joining the American Communities
for Cleanup Equity and AUTHORIZE $2,000 for first-year dues.
AYES:
Counci1members Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
CITY MANAGER
Consideration of recommendation for water conservation at
City, owned facilities. In order to comply with the water
conservation ordinance and resolution and in anticipation of
greater reductions by the Metropolitan Water District, staff
has outlined a number of water conservation measures in staff
report dated February 19, 1991. Considerable discussion
ensued concerning these proposed measures. Council felt that
$75,000 for installation of moisture sensors is too costly.
Also, since the City requires private owners with parking
areas to maintain landscaping, Council did not feel it should
approve removing the landscaping in the City Hall parking lot
islands. Since a certain portion of the runoff from watering
the tennis courts returns to the ground water, it was not
agreed that washing of the tennis courts should be curtailed.
It was then MOVED by Councilmember Harbicht, seconded by
Councilmember Fasching and CARRIED on roll call vote as
follows that Council TABLE No.1- the elimination of the
annual rye grass seeding; APPROVE No.2- adjustment of the
sprinklers rather than installing moisture sensors; APPROVE I
No. 3 inspection and testing the City's irrigation
sprinkler systems on a less frequent basis; APPROVE No. 4 -
replacing old dial-type irrigation clocks with digital-type
controllers; DENY No. 5 - replacement of ground cover with
concrete in the City Hall parking islands; DENY No. 6 -
changing semi-monthly washing to monthly washing of tennis
courts.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
In reply to question from Counci1member Harbicht, staff
replied that using standard concrete in the narrow median
6
2/19/91
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6b.
ZONING FOR
LARGE LOT,
SINGLE-FAMILY
NEIGHBORHOODS
(TEXT. AMEND .
TO BE PREP.)
05""8'0 _ 60
Sfr.;;j'es lrepods
33:0051
traffic islands instead of landscaping would result in a water
savings of 325,000 gallons. Councilmember Harbicht would like
to see a report on this brought back to Council.
Counci1member Fasching and Mayor Young thought that perhaps
decorative block of some kind would be more attractive than
concrete.
The City Council on December 4, 1990 directed staff to prepare
a report identifying large lot single-family neighborhoods and
recommending possible zone changes to preserve these areas.
The revised General Plan included the following two goals in
the Land Use Element: (1) Maintain and preserve single-family
large lot neighborhoods; and (2) To maintain the spacious
character of the single-family neighborhoods and discourage
development within these areas which is inconsistent with this
goal. In order to implement these two goals, two action
programs are set forth in the Land Use Element: (1) Encourage
down zoning of residential areas which would be consistent
with the existing development of the areas and requested by
a majority of the residents of the areas; and (2) Identify the
single-family neighborhoods which are developed predominantly
with large lots and look into the adoption of measures to
preserve these areas. This study focused on neighborhoods
which are developed predominately with large lots and are
characterized by lots of similar width, depth and area and are
located on streets where there are no existing cul-de-sac
developments. Twelve areas were identified as meeting this
criteria; five of these areas are currently zoned R-l 7,500,
but are developed with lots which are significantly larger in
area than the R-1 12,500 which is the most restrictive
existing R,l designation. The Planning Department recommends
that the Council consider adding a new zoning designation of
R-1 15,000. Study areas 1, 2, 3, 4 and 9 listed in staff
report dated February 19, 1991 are recommended to be rezoned
R-l 15,000. Study areas 5, 6, 8 and 10 are recommended to be
rezoned to R-l 12,500; Study area 7 is recommended to be
rezoned to R-l 10,000, and Study areas 11 and 12 are
recommended to be rezoned to R-O 15,000. The larger minimum
lot size requirements would apply to all future divisions of
property. Existing lots which do not meet the minimum lot
size requirements would not be affected. Development
standards would not affected by any of the proposed changes.
The changes would prohibit future lot splits on corner lots
and future development of cul-de-sacs which are inconsistent
with the new zoning designations.
In reply to question from Councilmember Gi1b, staff replied
that if Council wishes to proceed, a text amendment would be
established to create the new R-l 15,000 which would involve
public hearings both before the Planning Commission and City
Council; the next step would be to proceed with changing each
of the twelve areas as outlined in the staff report. Each of
those would involve a zone change before the Planning
Commission and City Council. All residents would be notified.
Councilmember Harbicht and Mayor Young commended Donna Butler
for a fine job on the staff report presented to Council.
Councilmember Harbicht further commented that he feels this
is cri tical to maintaining Arcadia the way it is; this is
going to be a significant step in ensuring that the community
stays the community it is without being cut up into more and
more cul-de-sacs.
It was then MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED on roll call vote as follows
that staff be DIRECTED to prepare a text amendment adding a
new zoning designation of R-l 15,000, and initiate the zone
changes as identified in the staff report dated February 19,
1991.
7
2/19/91
6c.
SALARY ADJUST.
(Part:-time
Employees)
(APPROVED)
O!J".30-S-0
RESOLUTION
NO. 5572
(ADOPTED)
0.23t?':;"
0:230- ~t)
7.
7a.
RESOLUTION
NO. 5570
(ADOPTED)
OliO - <10=
7b.
RESOLUTION
NO. 5571
(ADOPTED)
o '/'-It; -.::~
NaG - q/
33:0052
AYES:
Counci1members Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
Consideration of report and recommendation to adjust salaries
for part-time employees in various departments which would be
effective June 1, 1991. Salary adjustments for part-time
employees are made every two years. The anticipated cost for
the salary adjustments would be approximately $4,432. for the
month of June which would be included in the current budget;
and $72,679 which would be included in next year's budget.
The request is made early because the majority of the part-
time employees are hired by the Recreation Department to begin
work in June, prior to the adoption of the budget.
I
The City Manager presented and read the title of Resolution
No. 5572: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR VARIOUS
PART-TIME EMPLOYEE POSITIONS".
It was MOVED by Councilmember Gilb, seconded by Counci1member
Ciraulo and CARRIED on roll call vote as follows that
Resolution No. 5572 be and it is hereby ADOPTED.
AYES:
Counci1members Ciraulo, Fasching, Gi1b, Harbicht and
Young
None
None
NOES:
ABSENT:
CITY ATTORNEY
The City Attorney presented and read the title of Resolution
NO. 5570: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SUPPORTING THE TROOPS OF THE UNITED
STATES OF AMERICA IN THE PERSIAN GULF WAR".
It was MOVED by Councilmember Gilb, seconded by Councilmember
Ciraulo and CARRIED on roll call vote as follows that
Resolution No. 5570 be and it is hereby ADOPTED.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
The City Attorney presented and read the title of Resolution
No. 5571: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN
FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN
FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF. (PUBLIC HEARING MARCH 5, 1991)".
I
It was MOVED by Councilmember Harbicht, seconded by Mayor
Young and CARRIED on roll call vote as follows that Resolution
No. 5571 be and it is hereby ADOPTED.
AYES:
Councilmembers Ciraulo, Fasching, Gi1b, Harbicht and
Young
None
None
NOES:
ABSENT:
8
2/19/91
I
I
7c.
CLAIM OF
GREAT AMER.INS.-
E.NAGATA
(DENIED)
IOC!O. tfO
8.
NorSE COMPLAINT
(Air Condo Unit-
1835 Tulip Ln.)
o '/:JQ - 30
9.
HARBICHT
(Monthly Water
Consumption
Report)
09?O -jj)O
(County Tax
on Solid Waste
Disposal)
(Wa.ter Rate
Increase)
()S70~6()
33:0053
On advice of the City Attorney, the claim of Great American
Insurance - E. Nagata was DENIED on MOTION by Counci1member
Harbicht, seconded by Councilmember Gilb and CARRIED on roll
call vote as follows:
AYES:
Counci1members Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
MATTERS FROM STAFF
The Director of Planning presented a staff report in
connection with an air conditioning unit which was installed
at 1835 Tulip Lane. The next door neighbor, Mr. Marko, has
complained that the air conditioning unit exceeds the City's
noise standard (4610.3.c) for air conditioning units. Mr.
Marko's garage is adjacent to the property line across from
the unit, and his house is approximately 23'-0" from the air
conditioning unit. Staff's survey of this location using the
sound level meters shows that the basic ambient level at this
location is higher than the City's maximum limit for these
types of units, which makes it difficult, if not impossible,
for anybody to install anything and meet the requirements.
Staff feels that it needs to look into the City's noise level
limits for air conditioning units, both in terms of where the
measurement is taken as well as the maximum level.
Council then DIRECTED staff to delay enforcement of the 55 dBA
at 1835 Tulip Lane until such time as a study can be completed
to determine if this standard is reasonable and DIRECTED staff
to prepare a study on air conditioning unit noise levels for
review by Council and possible code changes.
MATTERS FROM ELECTED OFFICIALS
Inquired with regard to the water billing consumption report,
how accurate the report is. If people are to be penalized on
the basis of their prior consumption, how accurate are our
standards? Staff responded that these summaries of monthly
billings are prepared by the Finance Department. Each month
reflects consumption for half the City; if there are errors
in meter adjustments, these corrections are made in subsequent
months. The summary is not a true reflection of monthly water
use. The individual meters show accurate consumption. In
response to a question from Mayor Young, staff replied the
purpose of this report is to help the Water Department look
at total units used. A better summary report prepared monthly
for the entire month will be provided Council in the future.
Inquired how the new County tax on solid waste disposal came
about, and what the justification for this is? Mayor Young
replied that she assumed it is because the State is charging
the Counties and the Counties are passing it along to the
Cities. The City Manager replied it is his guess that the
County needs revenue and this is a way of raising revenues.
Staff will check on this.
Any time there is a conservation program and it is successful,
the City's income goes down. Variable costs for the water go
down; fixed costs stay the same. Assuming this program is
successful, how will the City finance operations? Mayor Young
responded that the City of Los Angeles has already stated that
their water rates will increase. Councilmember Harbicht said
that since one of the purposes is to obtain cooperation from
the residents, he hopes it will not be necessary to increase
the water rates.
9
2/19/91
(Little Leagues'
Opening Day)
GILB
(Rpt.from Sta.
Anita Race
Track)
10.
ADJOURNMENT
(Mar.5,l991
7:00 p.m.)
ATTEST:
33:0054
Councilmember Harbicht noted the upcoming West Arcadia Little
Leagues' opening day. Since all the Leagues are having the
same opening day, he suggested individual Councilmembers could
attend at different locations. This was agreed to and
assignments given.
Asked staff to obtain a report from Santa Anita Race Track
regarding comparison with the previous year as to attendance,
income, etc.
At 9:15 p. m., the City Council ADJOURNED to 7:00 p. m., March
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.
V/Jaltlf.-itt7
Mary B. un, or
Ju
10
2/19/91
I
I