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HomeMy WebLinkAboutMARCH 5,1991_2 I I 011{;-5n .:.' .~ { -.# ;( 33:0057 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.19,199l) (APPROVED) ORD. & RES READ BY TITLE ONLY CLOSED SESSION RESOLUTION NO. 5573 (ADOPTED) 0/10 - ~5 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MARCH 5, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:35 p. m., Tuesday, March 5, 1991 in the City Hall Council Chambers. Minister Gary Stouffer, Church of Christ Councilmember George W. Fasching PRESENT: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young ABSENT: None On MOTION by Councilmember Gilb, seconded by Councilmember Ciraulo and CARRIED, the Minutes of the Adjourned and Regular Meetings of February 19, 1991 were APPROVED. It was MOVED by Councilmember 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, "the City Council and Redevelopment Agency met in a CLOSED SESSION this evening pursuant to Government Code, Section 54956.8 to give instructions to the City's negotiator regarding the potential acquisition of property at 153 East Wheeler and toward negotiations with Claude Cotten regarding the possible acquisition of that property". PRESENTATIONS TO SUPERVISOR SCHABARUM Mayor Young read in full Resolution No. 5573: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HONORING PETER F. SCHABARUM FOR HIS COMMITMENT AND FRIENDSHIP TO THE CITY OF ARCADIA". It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5573 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: 1 3/5/91 LOS ANGELES TURF CLUB ARCADIA REPUBLICAN WOMEN'S CLUB ARCADIA CHAMBER OF COMMERCE ARCADIA CHAPTER AMERICAN RED CROSS ()/5:o-S0 tv So'" PARKING PLACE COMMISSION (Kuhn) WATER CONSERVATION l. PUBLIC HEARING (Weed Abate- ment) (APPROVED) DLfLj-o-SD IQ'10-9/ I '~': "' I r 33:0058 Mayor Young presented an engraved copy of this Resolution signed by the Councilmembers to Supervisor Peter F. Schabarum and expressed the gratitude of the Council and staff for Supervisor Schabarum's commitment and friendship to Arcadia over the years, as well as for his help in acquiring the County Rose Garden property as the site of the new Senior Citizen Center. Mr. Art Hershey, Los Angeles Turf Club, presented a plaque with a golden horseshoe to Supervisor Schabarum as a token of the gratitude of the Turf Club for Supervisor Schabarum's help and in remembrance of all he has done for the community through the years. Mrs. Jean Cope, Arcadia Republican Women's Club, presented a plaque to Supervisor Schabarum expressing the appreciation of the Republican Women's Club for Supervisor Schabarum's many years of dedicated service in the First Supervisorial District. I Ms. Eloise Ward, President, Arcadia Chamber of Commerce, presented a plaque to Supervisor Schabarum expressing the gratitude of the Chamber of Commerce for Supervisor Schabarum's many years of dedicated service in the First Supervisorial District, and for his encouragement and assistance during the years. PRESENTATION Mayor Young presented a proclamation to Mr. Jim Parker and Mr. Richie Mauch of the Arcadia Red Cross declaring the month of March, 1991 as Red Cross Month, and calling upon the citizens of Arcadia to support the work of the Arcadia Chapter of the American Red Cross through financial assistance or volunteer services, so this vital service to the community may be continued without interruption. ADMINISTRATION OF OATH OF OFFICE The City Clerk administered the Oath of Office to Jim Kuhn, Parking Place Commission. Councilmember Fasching presented Mr. Kuhn with his credentials and a City pin, and welcomed him to the City family. At the direction of the Council, Mayor Young spoke specifically to the newspaper reporters at the press table, and asked them to please place an article or a notation in their respective newspapers, and box it with a heavy border, that says to the Arcadia water consumers, .. Please, if you have automatic sprinklers, turn them off when it rains". I On February 19, 1991, the City Council adopted Resolution No. 5571 calling this public hearing to allow affected property owners the opportunity to object to the proposed removal of noxious weeds, rubbish and refuse from their properties. (Property list attached to report dated March 5, 1991.) As required by the Government Code, the County Agricultural Commissioner has mailed the appropriate notice to all property owners involved. Mayor Young declared the hearing OPEN. 2 3/5/91 I 2. PUBLIC HEARING BLDG. CODE VAR. (315 W. Norman) (APPROVED) OS~o..70 I 3. PUBLIC HEARING TEXT. AMEND. 91- 007 (Chg.Setback Require'ts & Window Regulations C-O. C-l & C-M Com. Zones) (DENIED) 05?O-b$ 33:0059 No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Gilb, seconded by Councilmenber Harbicht and CARRIED. It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that the County Agricultural Commissioner be DIRECTED to abate the nuisance by having the weeds, rubbisb and refuse removed. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: Consideration of a Building Code variance for an addition without permits at 315 W. Norman Avenue (Dr. & Mrs. B. L. Corley, owners/appellants). The appellants are requesting a building code variance for an addition constructed on their home sometime in the late 1950' s. The work consisted of relocating an exterior wall, sliding glass door and large picture window across the rear of their home, and some related electrical work. In response to questions from Council, Rudv Franta, Chief Building Official, replied that the Building Code is much the same now as it was in 1959 when this work was done. And that in order to carry out the inspection some openings will need to be made in the ceiling and walls. Also glazed safety glass is now required by Code and that possibly the glass walls and picture window may have to be replaced. Mayor Young declared the hearing open. Benton L. Corlev, 315 W. Norman Avenue, owner/appellant, was present to say that he is in agreement with the decision of the Building Division and that he will obtain tbe required permits and provide for the inspections required by the Building Division. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Harbicht, seconded by Mayor Young and CARRIED. It was then MOVED by Councilmember Ciraulo, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Council APPROVE the variance subject to the conditions set forth in staff report dated March 5, 1991. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: The City Council, at its January 15, 1991 meeting, directed staff to prepare a text amendment in consideration of revising setback and window regulations for commercial properties that are adjacent to residentially zoned properties. Specifically, the City Council wished to consider a text amendment that would effectuate a return to the former regulations, i. e., a 55 degree angle in lieu of 45 degree, and no prohibition upon window openings. Staff report dated March 5, 1991 provides diagrams depicting the 45 degree and 55 degree angles and their effects on the various commercial to residential setback situations. The commercial zones that would be affected are the C-O, C-l, C-2 and C-M zones. The existing regulations are detailed in the March 5 staff report. Staff 3 3/5/91 33:0060 has also included an amendment to eliminate the 20' rear setback for commercial properties that abut other commercial or industrial properties, as well as, amendments to the C-M zone to make it consistent with the other commercial zones. The Planning Commission at its meeting of February 12, 1991 held a public hearing and voted 5 to 0 to recommend partial approval of proposed Text Amendment 91-001. The Commission's recommendations are: 1) to maintain the current 45 degree angle and not return to the prior 55 degree requirement; 2) to maintain the prohibition upon window openings, balconies, etc. from facing adj acent residentially zoned properties. The Commission felt that relief from this limitation should be considered on a case-by-case basis through the Modification process; and 3) to eliminate the 20' rear setback requirement for commercially zoned properties that abut other commercially or industrially zoned properties (staff's recommendation). I Mayor Young declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Councilmember Harbicht and CARRIED. Councilmember Harbicht had requested that this matter be brought before Council and proceeded to outline the history of this ordinance and the difficulties caused to developers of commercial property abutting res idential property. Because of this ordinance, commercial buildings cannot be built with balconies or windows facing residential property and the 45 degree angle forces the buildings to be moved to the front of the property line. He feels this ordinance is wrong in that it takes away a considerable property right from one group of owners in favor of another group of owners. Most of the commercially zoned property in the City has been so zoned for a long time, therefore, persons purchasing residential property next to these areas are aware of the situation. He also feels this restriction against windows on one side is causing the construction of office buildings which are undesirable because they have no windows on one entire side of the building and, further, is stopping the construction of what could be very nice office buildings as well as development of the commercial zones. Finally, the Arcadia Redevelopment Agency has approved the concept of the Southwest Corner Project and there is no way that project can be built under the current regulations. He feels the recommendation that this requirement be kept and decisions be made on a case- by-case basis through the Modification procedure is not the way this should be handled. He feels Council should approve this and thereby go back to the original ordinance and also that the elimination of the 20 foot setback requirement be approved. Councilmember Gilb agreed with Councilmember Harbicht. Councilmember Fasching agreed with the Planning Commission recommendations and would like to maintain the standards the I City now has. He favors the modification process; there are, no doubt, some instances where this ordinance should be modified. Councilmember Ciraulo noted that the present regulations have been in effect for seventeen or eighteen years; they seem to have worked pretty well, He would not like to relax the commercial building standards at this time. The builders know what the standards are; also, the City has the modification procedure. He is in favor of denying this proposal and agrees with the conditions of the Planning Commission and accepting the elimination of the 20 foot rear yard setback requirement. Councilmember Harbicht reiterated there is no way the Southwest Corner builders can build their proposed building on that piece of property under the present ordinance; they have already told the Redevelopment Agency that. He does not think it right to have one set of rules 4 3/5/91 ,~~~'.;!;it-' , I I 4. 4a. PERSONNEL BD. (Estab.Class'n - Community Service Officer) (APPROVED) (J-:l"d.O-IO Pi) 4b. RECREATION COMSN. (Arc.High Sch. Softball Diamond Renov.) (APPROVED) IOlo-'}.5 G tTy /SCH IxsT 5. 33: 0061 for property the City has an interest in; and other rules for the rest of the City. Mayor Young agreed with Councilmember Ciraulo and feels that the buildings that have been built under these rules seem to have done very well. The residential property has been protected. It was then MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows to DENY Text Amendment 91-001 with the exception of APPROVAL of the Planning Commission's recommendation to eliminate the 20 foot rear setback requirement for commercially zoned properties that abut other commercially or industrially zoned properties; APPROVE and file the negative declaration for that portion approved; and DIRECT staff to prepare the appropriate ordinance for introduction. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching and Young Councilmembers Gilb and Harbicht None BOARDS AND COMMISSIONS In order to release Police Officers previously assigned to jail duties to field operation, and thereby improve community service levels, it is proposed that the classification of Community Service Officer be established. The new position was authorized in the 1990-91 budget approved by the City Council. The salary range is $2089 to $2540 per month. This is a non-sworn "general employee" classification. It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Council ESTABLISH the classification of Community Service Officer (Class -2120) in the Police Department. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: It is recommended by the Recreation Commission that Council approve a request from Arcadia High School for $2,000 to assist with the renovation of the Softball Diamond at the High School. Funds are available in the Parks and Recreation Facilities Fund. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Council AUTHORIZE staff to provide a check in the amount of $2,000 to Arcadia High School, to be used for the renovation of the softball diamond. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: AUDIENCE PARTICIPATION William E. Lewis, 300 Arbolada Drive, stated, in part, that he is present to report to Council that a line of oak trees along his property line have been partially destroyed by a fencing contractor building a fence for his next door neighbor. In the process of digging a foundation for said fence, the workmen chopped away portions of the roots of the 5 3/5/91 6. 7. 7a. ROLL CALL 7b. MINUTE APPROVAL (Feb.19,199l) (APPROVED) 7c. ADJOURNMENT 8. 9. 9a. CDBG FUNDS REVISION 05"'0-.;1.0 (1\C,Hd-. 9b. RETENTION OF ATTNY B.KAUFMAN (U.S. v.Montrose - Potlatch - Simpson Claims) /0(,;0-:.>-0 9c. LABOR RELATIONS & PERS.LEGAL SERV.AGREE'T (Liebert,Cassidy & Frierson) od.IO-50 19o,,-9~ 10. lOa. TREE PRESERVATION ORDINANCE oL/-3o-6o 33:0062 trees. An arborist has told Mr. Lewis that the trees will die because of this damage to their roots. These trees are probably between 70 and 100 years old. He presented photographs of the damaged trees to the Council. He is present to urge Council most strongly to pass the tree preservation ordinance to be considered later on this evening. 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 Ciraulo, seconded by Member Fasching and CARRIED, the Minutes of the meeting of February 19, 1991 were APPROVED. The meeting ADJOURNED to 7:00 p. m., March 19, 1991 CITY COUNCIL RECONVENED CONSENT ITEMS DIRECTED staff to prepare a revised 1991-92 Cost Summary including the additional $8,722 in the Housing Rehabilitation program to be submitted to the Community Development Commission for CDBG allocation of 17th year funds. RATIFIED retention of Attorney B. Kaufman at the rate of $185 per hour, with the total fee to be paid not to exceed $6,500 without additional Council approval. Attorney Kaufman to assist the City Attorney between now and June 1, 1991 concerning required actions involving the U, S. v. Montrose (Potlatch-Simpsom) claims, APPROVED renewal of the Agreement for Services with Liebert, Cassidy & Frierson for labor relations and personnal legal services at a proposed annual fee of $18,276, and AUTHORIZE the Mayor to execute the same in a form approved by the City Attorney. 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 NOES: None ABSENT: None CITY MANAGER The City Council directed staff to look into possible requirements which would further strengthen tree preservation 6 3/5/91 I I (REPORT TO BE BROUGHT BACK TO COUNCIL) I I 33:0063 activities. As trees have matured throughout the City, their importance in contributing to the quality and character of the City has increased. "The recently adopted General Plan acknowledges this growing importance. The Land Use Element calls for an Action Program which will "continue to encourage the preservation of mature trees as a part of the subdivision and development of both residential and commercial properties". Four of the City's homeowner associations have long recognized the importance of tree preservation and have had tree preservation requirements incorporated into their design overlay resolutions. For several years, the Planning Commission has required new single-family subdivisions to submit tree preservation plans so that as many mature trees could be saved as reasonably as possible in new developments. In' some instances sidewalks have been adjusted to save existing trees, and house plans are required to be reversed or modified to save trees. However, factors inherent in the design of subdivisions such as grade changes required for site drainage, the location of new streets and the site of the building pad sometimes require the removal of mature trees. The adoption of architectural design review requirements has provided the City with the opportunity to review multiple- family residential, commercial and industrial projects and to attempt to retain existing mature trees. A summary of tree preservation regulations of various California cities was presented. As individuals and governing bodies become increasingly aware and concerned with environmental issues, there is a growing desire to protect and preserve a variety of tree specimens through protection legislation. Councilmember Gilb did not feel that a proposed ordinance should involve permits to trim trees. He also expressed concern about the enforcement of a tree preservation ordinance and wondered if there should be penalties attached to it. Councilmember Ciraulo inquired if violators could be charged and also required to replace the tree. He felt it would be necessary to make the residents aware of such an ordinance. The City Attorney noted that any violation of the Code is deemed to be a misdemeanor and this could be spelled out in the ordinance as well as other remedies desired. Councilmember Fasching pointed out that in instances where houses are being replaced or remodeled, trees would have to be removed; perhaps a permit process could be worked out for this; and he agreed the residents should be made aware of such an ordinance. Councilmember Ciraulo felt any ordinance considered should be reasonable and flexible enough to allow property owners to remove trees, subject to replacement trees. Mayor Young felt that replacement of trees is a good point, but that such replacement would not necessarily have to be in the backyard, i. e., if a swimming pool or tennis court were to be constructed. She also felt the ordinance should address the matter of destroying the roots of trees during construction so they eventually die. Perhaps a financial fine of $1,000 for indiscriminately destroying trees would be in order, but should specify what size trees, Tree replacement together with a fine would be a good starting point. Councilmember Harbicht does not feel the City needs an ordinance to protect trees. Any law that is passed is a restriction on our freedoms; therefore to pass a law, Council should have a good reason for doing so. Why should Council pass a law restricting what people can do in their own yards with their own trees? One possible reason might be that we are running out of trees, but that is not the case. There are probably no fewer trees in Arcadia than there were five years ago or fifteen or twenty-five years ago; probably there are more; we are not running out of trees. He does not believe government should be taking this much hand in people's lives without some justification. He can see a tree ordinance for an endangered species; some oaks are endangered species; a lot 7 3/5/91 11. 11a. ORDINANCE NO. 1932 (INTRODUCED) 0'1/0-30 Co /ltJtr>'HL c.ctJ'iR,oL. 33:0064 are not. He does not feel there is a justification for such restrictions. He loves trees; but loves freedom, too. His philosophy is a conservative one which says that the absolute minimum of government is the best government. This is moving toward the absolute maximum of government that is saying this is what you have to plant or leave in your yard in spite of the fact that it is private property, There is no emergency here; we do not need this ordinsnce. Mayor Young agreed with some of his points, but feels an ordinance is needed for the future and admits that such an ordinance will be difficult to write. Councilmember Ciraulo agreed considerably with Councilmember Harbicht's remarks about freedom to use private property without these restrictions, but felt that perhaps this issue has come up because a lot of new people have moved into Arcadia who perhaps do not value the trees as those who have lived here longer, and are beginning to indiscriminately I cut them down. Perhaps this, if allowed to continue, will eventually change the overall character and appearance of the community. Perhaps Council can find a compromise whereby people can be allowed to do as they wish with their properties to a point, but knowing full well that when they buy property in this community that large beautiful trees are valued and are protected. Perhaps some sort of ordinance can take all this into consideration. Councilmember Fasching feels 'Council should mainly be concerned here with front and side yard trees snd trees of a specific size; backyard trees could be another situation. But he feels Council should adopt some type of ordinance to protect the trees. Councilmember Gilb is not in favor of an ordinance to protect every tree in the City; he would like to see the oaks protected; possibly a few others. It was MOVED by Councilmember Fasching ,to INSTRUCT staff to prepare a text amendment for a tree ordinance with consideration based upon discussions held tonight and comments made. THE MOTION DIED FOR LACK OF A SECOND. Staff responded that more direction is needed. Considerable discussion ensued. Councilmember Harbicht reiterated that he is in favor of protection for trees which are unique or an endangered species, or perhaps oak trees, in general, Councilmembers Gilb and Ciraulo agreed. It was MOVED by Councilmember Fasching that this matter be TABLED in order to provide more time for Council to study the matter. Councilmember Harbicht agreed. Mayor Young does not want the matter tabled and forgotten, THE MOTION DIED FOR LACK OF A SECOND. Council then agreed to DIRECT staff to prepare a report on this subject, which will include lists of endangered and indigenous trees to this area, for Council's review at the April 2nd Council meeting, After such review, a request can be made to put the matter on a future agenda in accordance with Council's wishes. I CITY ATTORNEY The City Attorney presented for introduction and read the title of Ordinance No. 1932: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4112,1, 4113.9, 4113.10, 4113.11, 4113.12. 4113.13. 4113.15, 4113.16, 4113.17, 4113,18, 4113.19, 4124.1.3, 4124.2, 4131.5, 4131,6, 4131.7, 4133, 4133,1, 4133.2, 4133.3, 4133.4, 4133.6, 4133,8, AND 4133.8.1 OF THE ARCADIA MUNICIPAL CODE TO INCREASE THE COST OF IMPOUND FEES AND VACCINATION REQUIREMENTS, AMENDING DIVISION 3, OF PART 3 OF ARTICLE IV REGARDING IMPOUND 8 3/5/91 ., 'l\i" :~~, 'if ','~~. I I 12. 13. GILB (Financial Assist. for Arcadia High Sch.Students - Constitution Competition) (APPROVED) 0/50-37) ScAouLS "Sf 14. ADJOURNMENT (Mar.19,199l - 7:00 p.m.) ATTEST: .<....~..IJ J e D. Alford. 33:0065 FEES AND SECTION 4113.9 TO DELETE AUTHORIZING SALE OF ANIMALS TO RESEARCH INSTITUTIONS". It was then MOVED by Councilmember Ciraulo, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 1932 be and it is hereby INTRODUCED. It was MOVED by Councilmember Harbicht that Section 4113.9 to delete authorizing sale of animals to research institutions be withdrawn from Ordinance No. 1932 because he feels animals are necessary to medical research. THE MOTION DIED FOR LACK OF A SECOND. ROLL CALL ON FIRST MOTION: AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Council has received a letter from Mr. Somerville in regard to the Arcadia High School students who went to Sacramento and came in first in the test on their knowledge of the U. S. Constitution and Bill of Rights. This group is now going to Washington, D. C., and have requested financial assistance. It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Council AUTHORIZE $1,000 to help the students with their expenses. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: At 9:05 p.m. the City Council ADJOURNED to 7:00 p.m., March 19, 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. ~~1~r 9 3/5/91