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HomeMy WebLinkAboutMAY 7,1991_2 I I OS60- 33:0107 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Apr.16,199l) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION ~/'" l. PUBLIC HEARING T.P.M. 90-014 (Consolidation of Lots - Clark St. Chicago Park) (WITHDRAWN FROM AGENDA) 2. PUBLIC HEARING CAPITAL IMPROV. PROGRAM FY 1991- 92 through FY 1995-96 O:)~O - ;';'0 flJ1/,% MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MAY 7, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:35 p. m., Tuesday, May 7, 1991 in the Arcadia City Hall Council Chamber. Rev. David Whitaker, The Santa Anita Church Police Chief Neal Johnson PRESENT: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None On Motion by Councilmember Harbicht, seconded by Councilmember Young and CARRIED, the Minutes of the adjourned and regular meetings of April 16, 1991 were APPROVED as corrected to reflect a change in the adjourned meeting minutes, Water Division Report item, penalties assessed, rather than collected. It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be WAVIED. CITY ATTORNEY The City Attorney announced that, "pursuant to Government Code, Section 54956.8, the City Council and the Arcadia Redevelopment Agency met in a CLOSED SESSION to discuss the potential price and terms relating to the possible acquisition of the Cotten property at 153 E. Wheeler and the Riordan property at the corner of First Avenue and St. Joseph Street". Public hearing scheduled for the consideration of T.P.M. 90- 014 was withdrawn from the Agenda by the City of El Monte by letter dated May 1, 1991. Consideration of the proposed Capital Improvement Program for FY 1991-92 through FY 1995-96. SUMMARY OF CITY COUNCIL COMMENTS: Imorovement of Citv Hall - Public Works - FY 1991-92 CIP 1 5/7/91 33:0108 In response to a question from Councilmember Fasching, the Public Works Director presented a sample of the proposed decorative stonework suggested for renovation of portions of City Hall walkways and entranceways. Councilmember Fasching said he could not see spending $39,000 to improve the walkways to what he considered to be an archaie building anyway. This improvement will stand out and make the building look older than it is. He did not see anything wrong wi th cement. Painting the exterior of City Hall is acceptable. Demolition and Site Clearance of Armory Site - Economic Dev. FY 1993-94 Councilmember Fasching noted the program relative to soils testing, grading'of Armory site, etc. at an estimated cost of $127,000. This project is scheduled in preparation for the construction of a new Police Department Building. He would like to suggest that rather than making major expenditures on City Hall, Council consider putting the items of the new Police Department and City Hall in the future in conjunction with the Civic Center Site. I The question of construction of the new Police Building on the Armory site was briefly explored, in particular, the time schedule, and the possibility of coordinating the renovation or reconstruction of the existing City Hall buildings with the new Police facility. Staff reported that the State would turn the Armory property over to the City in August of 1993, perhaps before, if the National Guard finds another site. The design process of the Police facility is expected to begin early in 1992. Council noted that although the Armory property may be owned by the City at the end of the five year , period, possession may not be possible then. If this is the case, the National Guard will compensate the City in rental fees until they relocate the unit. Construction of Park on City-owned lot at 509 West Winnie Wav - Public Works - FY 1991-92 Residents in the area complain that when it rains, the dirt washes down on the sidewalk on Winnie Way from the above lot. Councilmember Fasching feels what is needed is a small slump stone wall with a small opening for the purpose of weeding. He does not feel that $18,000 should be spent on this property to develop a mimi park. Reolacement of Safetv Alarm Devices - Fire Deoartment - FY 1991-92 In reply to a question from Councilmember Young, Gerald Gardner. Fire Chief, replied that to the best of his knowledge the funds for reimbursement of this equipment under SB90 are still available from the State. Noise Survey - Plannin~ Deoartment I Councilmember Young also inquired with regard to the Noise Survey by the Planning Department, if this were to include any survey of freeway noise. The Planning Director replied that the noise survey is basically an update of the General Plan element and would involve noise monitoring in various parts of the City. They will probably use data that has already been gathered with regard to the freeway noise. Conference Room & Comouter Disks - Personnel In response to a question from Mayor Gilb, staff replied the new conference room furniture is scheduled for the proposed new conference room in the Personnel Department. The 2 5/7/91 33:0109 furniture in the conference room in the current Economic Development office area will remain there. In response to questions from Mayor Gilb, Alex McIntvre. Assistant to the Citv ManaEer, replied that the data disks for the old word processors are not compatible with the computers purchased in FY 1990-91 for the Personnel Department. It is desirable to have the same PC system used throughout City Hall. The old system will be auctioned off. Uninterruotible Power Source - Finance - FY 1991-92 I In reply to question from Mayor Gilb, James Dale. Finance Director, responded that the UPS battery power backup will provide twenty minutes of power to the mimi-computer system in the event of a power outage. It is a power conditioner to condition the electrical power coming in to the system. Mayor Gilb then declared the hearing OPEN. Rose Dimichina, 512 West Winnie Way, stated, in part, that she is present to state that she and the other residents on Winnie Way do not want the City to construct a mini park on the small piece of land owned by the City (509 West Winnie Way). They agree with Councilmember Fasching. They would prefer to have a block wall and maybe a little lawn. There have been unending problems encountered by the nearby residents, due go poor planning when Winnie Way was subdivided. They have been complaining for years. She feels it is time the City took care of the City's property. The people who live directly behind the property party all night long and the neighbors do not know what problems would be encouraged by putting in a park and tables. Councilmember Harbicht agreed that it was time the City took care of this property. Mrs. Dimichina said that cars are parked on this property and that at least once a week a semi-truck with dirt hauling machinery loaded on it is parked there all night. The residents feel that a fence on the property would solve some of these problems. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Young, seconded by Councilmember Harbicht and CARRIED. Eouioment Reolacement Fund I Councilmember Harbicht stated in part, in regard to the Summary of Five Year Proposed Expenditures and Funding, that it is his understanding that the purpose of funding the Equipment Replacement Fund was to get it to a level where the earnings from that Fund would pay the Equipment Replacement , needs every year. General Fund money, therefore, would not have to be used for equipment replacement. About 60% of equipment replacement in this five year budget will be paid for by the earnings of the Fund. However, it still has not reached the place of being self-sustaining. He would like to see the City continue to try to get that Fund to a self- sustaining level by putting extra monies into the Fund and let at least some of the interest accumulate so the City can get to the point where additional funds need not be transferred in. Has this plan been abandoned? The City Manager responded that they do not feel there are enough balances in some of the other funds to put enough money into the Equipment Replacement Fund to be able to guarantee that all the City's equipment replacement needs could come out of it without diminishing the principal over time. They hope to be able to maintain the principal, barring no unforseen major purchases in the next few years, as long as first-time equipment purchases, rather than replacement purchases, are made from the Capital Program. However, if it is found that 3 5/7/91 33:0110 there are fund balances either in the Capital Outlay Fund or in the General Fund, periodically the principal amount in the Equipment Replacement Fund could be increased. Councilmember Harbicht noted that the CIP indicates an estimated balance of $30 million available in that Fund in five years. He would like to see that figure increased $1 - 1 1/2 million by that time. Water Facilities Replacement Reserve Considerable discussion ensued concerning the Water Facilities Replacement Reserve which has an estimated balance of $3.5 million at present to $8.5 million in five years. In response to questions from Council, staff responded that they try to foresee needs, but it is difficult to estimate the total number of facilities that will have to be replaced after the first two years into the program. As a result, at the end of the five year period the amount in the Fund will probably be much less than projected. Water facilities are not replaced until there is a real need to do so because of the expense. Councilmember Harbicht commented that, from a planning standpoint, an extra $1 million in expenditures should be reflected in the Facility Replacement figures in each of the remaining three years without specifying exactly what the funds will be for. Similar discussion followed regarding the Capital Outlay Fund. Councilmember Harbicht thought perhaps a new line item of Anticipated Additional Expenditures might be added. Staff will provide revised fund balance sheets for the next Council meeting. I Librarv Improvements Councilmember Harbicht continued that he realized the question of improvement of the Library cannot be addressed until the matter of the application for grant funds from the State is resolved one way or another. However, he feels the Library needs some improvement and he would like to see an amount of perhaps, one million dollars added to the Capital Improvement budget figure of $393,000 for this purpose. Councilmember Fasching agreed that funds should be set aside for Library improvements, however, he is not sure what that figure should be. After further discussion, it was MOVED by Councilmember Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that $500,000 next year and $500,000 the following year be allocated for Library Improvements. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Personnel Deoartment - Caroet Councilmember Harbicht noted that the carpet for the' Personnel I Department expansion is really expensive at $51 a square yard for 881, square feet of carpet. Mayor Gilb commented that staff will make a note of this and look into the matter. Vehicle Reolacement and Bulletoroof Vests - Police Department Neal Johnson, Chief of Police, replied to a question from Councilmember Harbicht that a van replacement is necessary because the 1979 Ford van in question, which is used for special things and not every day use, has been a problem because it is costing so much to keep it in repair. With regard to the bulletproof vests replacement, Chief Johnson said that after five years, the vests are no longer 4 5/7/91 33: 0111 guaranteed. They are usually in use for about 6 - 7 years and then they are given away. In reply to questions from Councilmember Young regarding vehicle replacement, Chief Johnson said when the vehicles get to 5 - 6 years of age they are graduated down; the Police Department uses the newer ones most and reserves the older ones. Ca~Det Reolacement - Police Deosrtment I In reply to a question from Councilmember Harbicht, the City Manager said that if the State will relinquish the Armory property in August 1993, a new police station could bs occupied by late 1994. The proposed new carpeting for the current Police Department would therefore be used for three and one-half years before the new police station could be occupied. Noise Survev - Plannin2 Councilmember Harbicht is not in favor of conducting the noise survey; he does not see the justification for it. It was then MOVED by Councilmember Harbicht, aeconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that the Capital Improvement Project, Planning Department Noise Survey $10,000, item be stricken from the CIP budget. AYES: Councilmsmbers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Councilmember Harbicht noted that he is in favor of allocating the estimated $632,000 in funds for the Orange Grove Avenue reconstruction proj ect. In response to a question from Councilmember Harbicht, the Public Works Director said that the Traffic Signal Modification and Synchronization project on Foothill Boulevard will be funded by Los Angeles County Gas Tax Funds and Los Angeles County Aid to Cities Funda in the amount of $160,000. ' Imorovement of Ci~v Hall - Walkwavs It was MOVED by Councilmember Harbicht, seconded by Councilmamber Ciraulo and CARRIED that Item No. 2 in tha Improvament of City Hall Project of decorative stonework on walkways be DELETED from the Program. Emer2sncv Generator I In response to questions from Council, staff responded that the 400 KW Emergency Generator for the Orange Grove Fire Station would actually be trailer mounted and, therefore, could be used in different areas. The primary use in an emergency situation would be at the reservoirs, but in a disaster it would also benefit fire protection in that the pumps would be able to operate to provide water for fire fighting. Until recently, tha City haa been critically ahort of generators and ataff is attempting to be fully prepared for any type of emergency that could happen in the City. The concept of this plan is to move water without electricity if necessary from the loweat elevation in the City from the Peck Road Well all the way to the end of the City at the higher elevations, so that water will be available to the reaidents in the event of an emergency. Gerald Gardner, Fire Chief, stated that the greatest need for such an emergency generator would be in the event of a major fire in the foothill areas. Councilmember Harbicht noted that there is also a requeat for an emergency generator at City Hall, although the Fire Station is going to be tha Emergency Operations Center. Staff replied 5 5/7/91 RESOLUTION NO. 5584 (ADOPTED) 0::3 ,':1(1 -; " j,/ f; , . I (.~ 3. 4. 5 Sa. ROLL CALL 5b. MINUTE APPROVAL (Apr.16,199l) (APPROVED) 5c. FINANCIAL CONSULTANT (Souths ide Proj.- Gribble) (DENIED) 06'io-X3 33:0112 there will not be enough room at the EOC for all the employees in an emergency situation. The City Hall will be needed also for meetings, possibly emergency Council meetings, etc. A major component of the emergency plan is continuity of City government. Residents who require assistance will come to City Hall, not to the EOC. Mini Park - Winnie Way Councilmember Harbicht referred to the item discussed earlier of building a park or a fence on City owned land on Winnie Way. He would like to leave the funds in the budget so Council could make the decision in the future. Mayor Gilb felt the residents there need to have action now. Councilmember Fasching then MOVED to delete this item from the Capital Improvement Program and instruct the City Engineer to prepare the plans to build a wall to separate that property from the sidewalk. The MOTION DIED FOR LACK OF A SECOND. I It was then MOVED by Counilmember Young, seconded by Councilmember Harbicht and CARRIED that staff provide a report and recommendation on building either a mini park or a wall on City-owned property at 509 W. Winnie Way. This to be brought to the next Council Meeting. Mayor Gilb read the title of Resolution No. 5584: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING A CAPITAL PROGRAM FOR 1991-92 through 1995-1996". It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5584 be and it is hereby ADOPTED; with the above mentioned changes, recommendations and considerations noted in the Capital Improvement Program. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: AUDIENCE PARTICIPATION Garv Thaver, 408 Kochinski, 114 E. questions, if any, S. Santa Anita Avenue, #14 and Steve St. Joseph St. were present to answer on upcoming Item 5d. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None I It was MOVED by Member Ciraulo, seconded by Member Young and CARRIED that the Minutes of the Meeting of April 16, 1991 be APPROVED. Consideration of request to hire financial consultant Southside Project. Keyser-Marston assisted the Agency in 1986 in the negotiations with Stanley W. Gribble and Associates for the 9-acre mixed use Southside Project, Under the Disposition and Development Agreement with the developer of the Souths ide Project, Stanley W. Gribble, the Agency is entitled to 6 5/7/91 I I 5d. DESIGN REVIEW (57 E. Wheeler Ave.- Sportsrock Cafe) (APPROVED) or;qO-tfO 33: 0113 participate in the Developer's profits, based upon a complex formula defined in the DDA which states that the maximum share in the developer's profits to the Agency cannot exceed $700,000, plus interest. This money was not guaranteed to the Agency. The May 7, 1991 staff report contains additional details. On August 9, 1988, Mr. Gribble sold 52,700 square feet of the project site to the Automobile Club of Southern California. Mr. Gribble is now contemplating the sale of the four-story office building and adjacent parking structure (444 E. Huntington Drive). Should this sale be completed, the Agency may be entitled to a partial payment under the DDA formula. However, Mr. Gribble has now offered the Agency $400,000 after sale of the buildings, as "full and total satisfaction for the adjustment" of the Initial Disposition price, whether this amount is required or not under the DDA. It is staff's opinion that the decision to reject or accept Mr. Gribble's $400,000 offer requires an expert with experience in mixed use development, finance, and commercial marketing/leasing. Staff solicited proposals from two firms: McClelland-Coran and Keyser Marston Associates. McClelland-Coren felt they were not able to do the specialized market analysis and declined to submit. Staff recommends contract with Keyser Marston who submitted a proposal to provide the services requested for $7,500. A brief discussion ensued with the majority of Agency Members in favor of negotiating a buyout with Gribble and Associates. It was then MOVED by Member Young, seconded by Member Ciraulo and CARRIED on roll call vote as follows that the request to authorize a contract for financial services with Keyser Marston Associates for financial evaluation services in an amount of $7,500 with a contingency of $1,000 be DENIED and that staff be INSTRUCTED to negotiate a buyout agreement for no less than $400,000 and more, if possible. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and Gilb None None Consideration of Design Review for 57 E. Wheeler Avenue (Sportsrock Cafe). The applicant proposes to remodel the existing restaurant building. The applicant's proposal for a restaurant!bar is permitted under Conditional Use Permit 76- 10 which was granted for the previous Sawmill Restaurant at 57 Wheeler Avenue, CUP 76-10 remains effective for a period of one year from the closing date of the Sawmill Restaurant which vacated the site in December, 1990. Garv Thaver, 408 S. Santa Anita Avenue #14, Arcadia, owner and Steve Kochinski, 114 E. St. Joseph Street, Arcadia, architect, were present to answer questions. In response to questions from Agency Members, they replied that the hours of operation will be 11:00 a. m. to 2:00 a. m. They hope to be able to serve up to 300 lunches daily and in the early evening, 400 - 500 dinners. They would expect to have a sizeable crowd for Monday Night Football. There will be an area for dancing and a D.J. on Fridays and Saturdays. Further, in reply to questions, they answered that there is presently a satellite dish on the roof of the building and another, smaller dish is to be added. Both to be screened from view. Also, they plan to add blue neon accent lights to the roof perimeter. Member Fasching noted he saw nothing wrong with the external design. He would, perhaps, question the impact of the neon outline on the roof. His concern is that this is going in under the existing Conditional Use Permit, but is a drastic change from the previous restaurant. He felt that it should have gone 7 5/7/91 5e. AMEND.113 - ARCON/SCHAEFER BROS. ERN (SW Corner Proj.) (APPROVED) 06?O - z4'-1 Sf. ADJOURNMENT 6. 7. 33:0114 before the Planning Commission for a new Conditional Use Permit. It was then MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call vote as follows that the Agency APPROVE the Design Review subject to the conditions that the project comply with all Zoning and Building Codes as established or modified by the City; that final approval is subject to compliance with requirements of the City Departments as listed in staff report dated May 7, 1991 and that the Design Review be in effect for one year, as per ARA- 126. AYES: NOES: ABSENT: Members Ciraulo, Member Fasching None Harbicht, Young and Gilb The Agency received a request from WLA Arcon/Schaefer Brothers (A/SB) for a time extension to their Exclusive Right to Negotiate Agreement (ERN) with the Agency. The extension has become necessary because A/SB has been unable to secure acceptable users for the proposed project. Additionally, they have had problems obtaining financing due to the nationwide recession and the tightening of commercial lending requirements. I If Amendment No. 3 to the ERN is approved, all as yet unmet performance dates contained in the ERN Schedule of Performance would be extended by 120 days (to August 31, 1991). A/SB will also be required to pay an additional non-refundable $5,000 negotiating fee and extend their current $25,000 Good Faith Deposit letter of credit mandated in Section 104 of the ERN to November 15, 1991. Staff recommends that this extended letter of credit be provided by the developer no later than May 21, 1991. Warren H. Lortie, WLA Arcon, 18652 Florida St" Huntington Beach, stated, in part, that in the last two weeks the proposed medical building has been essentially filled or pre- leased. Three discussions are going on with regard to the other office building. Interest has been expressed in another restaurant. They are going ahead with the drawings. The new schedule calls for the plans required for the Conditional Use Permit to be in by the end of May. In response to a question from Member Ciraulo, Mr. Lortie replied they have firm commitments for the medical building of approximately 12,000 sq. ft. out of 16,000 sq.ft. It was then MOVED by Member Harbicht, seconded by Member Fasching and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE Amendment No. 3 which provides a 120 day extension to the WLA Arcon/Schaefer Brothers ERN to August 30, 1991 and requires that they provide, no later than May 21, 1991 an extension to their letter of credit to November 15, 1991, I AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and Gilb None None The meeting ADJOURNED to 4:00 p. m., May 21, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS 8 5/7/91 I I 7a. PUBLIC HEARING SCHEDULED (May 21,1991) O'>eo -.;Js- 7b. ADVERTISE/BIDS (Live Oak Water Line - W.0.690) Oqi~.qO 7c. WO (,<:(0 WORK ACCEPTED (Reconst.Alley S.of Htg.Dr. Between First & Second Aves. C Job No. 674) {;)o/ dl 0 - 15, ..70 j" 6'7<1 7d. 7e. ADVERTISE/BIDS (Electric Motor Peck Rd, Well - Job No. 693) 1,;)75>0 G ~t') t<if) fSq,s 7f. APPOINTMENTS (L.A,Co. Sanitation Dist, Bd.of Directors) 015"'17 -.:z-o 7g. FY 1992-94 SHORT RANGE TRANSIT PLAN (Dia!-A-Ride) O:;;,3C)_::lO s~rp 7d. ADVERTISE/BIDS (Eiaenhower Memorial Park Renovation - Job No. 665) (APPROVED) 07t.-/o-/O E, S I.1l ~(i Wtf 1-1, " 1./ - .../i:1, "(')~ 33:0115 PUBLIC HEARING SCHEDULED for May 21, 1991 for consideration of an appeal to the Planning Commission's approval of Modification No. MC 91-017, for a 1,120 square foot second floor addition at the rear of the house located at 2050 Vista Avenue (Mrs. Norma Iovine, appellant). APPROVED plans and specifications replacement on Live Oak Avenue - W, O. is AUTHORIZED to advertise for bids. 12" waterline The City Clerk for 690. ACCEPTED project and AUTHORIZED final payment to Nobest Incorporated, for removal and reconstruction of the deteriorated asphalt concrete alley surface and removal and reconstruction of the three foot wide alley drainage gutter - S. of Huntington Dr, between First and Second Aves. - Job No. 674 - CDBG Project No. D-906l9. Ten percent (10%) retention payment becomes due and payable 35 days after the recordation of Council acceptance and will only be released by the Director of Public Works on completion of all corrections of record. The final contract amount of $40,308.70 was funded entirely by Community Development Block Grant funds. Considered separately. See below. City Council at the meeting on April 16, 1991 authorized the Director of Public Works to retain ASL Consultants, Inc. to design the electrification of the Peck Road Well. ASL Consultants, Inc. have determined the size and type of electric motor required. The estimated cost is $29,000 which will be funded from the Water Facilities Replacement Fund, The Purchasing Officer is AUTHORIZED to advertise for bids. APPOINTED Councilmember Mary Young as First Alternate Director and Councilmember Robert C. Harbicht as Second Alternate Director to the Los Angeles County Sanitation District Board of Directors. APPROVED the FY 1992-94 Short Range Transit Plan for Arcadia Dial-A-Ride to be submitted to the Los Angeles County Transportation Commission and the Southern California Association of Governments for approval. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER, CIRAULO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Councilmember Harbicht requested that this item be considered separately to discuss the installation of a new chain link fence and gates. In response to his questions Jerrv Collins, Recreation Director, replied that the fence is there for security purposea and the park is locked at night. Councilmember Harbicht does not care for the appearance of chain link and wondered if there was some alternative. Councilmember Young noted chain link is the most durable and if the gates are replaced and new chain link installed it will be a great improvement; wrought iron would be too expensive 9 5/7/91 8. 8a. APPLICATION FOR STATE FUNDS - LIBRARY BLDG. PROJECT (CONTINUED TO MAY 21, 1991) ~ '7.30 _ ~(() (~/) (/,paI7SIOI\. 33: 0116 and would require maintenance; a wooden fence would make it impossible to see into the park. It was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that plans and specifications be APPROVED for the renovation of Eisenhower Memorial Park - Job No. 665. The City Clerk is AUTHORIZED to advertise for bids. AYES: NOES: Councilmembers Ciraulo, Fasching, Young and Gilb Councilmember Harbicht (Would like to see a more attractive fence installed.) ABSENT: None CITY MANAGER I Staff report dated April 30, 1991 outlines a description of some of the deficiencies in the City's application for State Library Building Funds under the provisions of the Library Bond Act (Proposition 85), which caused Arcadia's application to be ineligible for consideration for funds in the first cycle. The application was prepared for the City by Charles Walton Associates. Jim Nardini, Vice President, Charles Walton Associates, was present to answer Council's questions. Mayor Gilb stated in part, the application was turned down because of so many errors, he can hardly believe they are consultants. In his opinion the application form was embarrassing because of these errors and requested an explanation. Mr. Nardini replied the application was prepared in their offices jointly with their library consultant. They have had many discussions with the State Library Board about the letter of rejection, and there seemed to be only one item which really made the application ineligible which was the item of the resolution itself (Arcadia resolution). Also, a 20 cent miscalculation error in costs carried through the entire application. Charles Walton Associates takes responsibility for these errors. The information came from the State in pieces and the seminars held by the State were very close to the submittal date. Because of time constraints, there was not time for review by City Staff or the City Attorney. A resolution from the City Council certifying the project budget, local funding commitment and supplemental funds is required. Also required is a written legal opinion indicating that any exceptions in the preliminary title report do not diminish the use of the property for a public library building or in any way diminish or limit the State's interest in the property. Considerable discussion ensued with regard to the errors and deficiencies in the application. It was noted that the application may be resubmitted to the State Library Board for consideration. The deadline for such resubmittal is July 19, 1991, Charles Walton Associates will undertake the preparation of the second application. Changes and recalculations have been made, Mr. Nardini does not anticipate any problems. The full month of June will allow for review of the application, the needs assessment and the building programs for their completeness. In response to a question from Mayor Gilb, the City Librarian responded that a fee of $44,000 has been paid to Charles Walton Associates; with a $10,600 retention pending successful submittal of the application. In reply to a question from Councilmember Harbicht, Mr. Nardini agreed that the primary, or possibly only, item which made the application ineligible was the fact that a resolution from Council allocating the funds and committing to go forward with the project if funds awarded was not included. The only other item which gave rise to question of ineligibility was the lack of the Attorney's written I 10 5/7/91 I I 8b. DRAFT TREE PRESERVATION ORDINANCE (APPROVED INITIATION OF TEXT.AMEND.) Ot./.30 -60 33: 0117 response to some i terns in the title report as referred to earlier. Councilmember Fasching inquired if the City would be legally obligated to go ahead with the new library project in the event the application is approved. Mayor Gilb said it is his understanding that if the funds are received, the City is committed to go ahead with the project. Councilmember Harbicht presented this question to Mr. Nardini who replied that might be a question to be directed to the City Attorney, but it is his opinion that the State wants a Resolution from Council ,committing the City to the project if funds are awarded. The City Manager agreed that the consultant should provide the City Attorney with information as to exactly what the State is going to require in a resolution. The City Attorney can then bring an opinion to Council. Councilmembers agreed with this. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Young and CARRIED that the matter of the resubmittal of the application to the State Library Board be TABLED until the May 21, 1991 Council Meeting and that the City Attorney prepare a legal opinion as to the City's commitment regarding its share of the funds if application is made. Mayor Gilb requested that Mr. Nardini of Charles Walton Associates be present at the May 21, 1991 Council meeting. As directed by Council at its March 19, 1991 meeting, staff has prepared a draft City-wide tree preservation ordinance that addresses endangered, indigenous and large oak trees; other indigenous trees; and all other large trees. The draft ordinance provides for the protection of the following trees located anywhere on a lot: any size Englemann Oak, California Live Oak or Coast Live Oak and any other oak tree with a circumference larger than 38 inches. Also included as indigenous tree are California Sycamore, Blue Elderberry, Fremont Cottonwood or Willow with a circumference larger than 19 inches. All other trees with a circumference larger'than 38 inches would be protected if they were located in any front yard or street side of a corner lot. The proposed regulations also set forth permanent requirements for any cutting, trimming or removal of certain trees and provisions for protective measures. The proposed regulations provide for enforcement through existing misdemeanor regulations, suspension of building permits, and restitution. The ordinance assumes that the existing homeowners associations' tree preservation requirements would be deleted, It is estimated that it would take one additional full-time staff person, trained in landscape architecture, arborculture or horticulture to administer the informational, permit and inspection provisions of the regulations. The text amendment will require public hearings both before the Planning Commission and City Council and, if adopted, would be included in the City'a zoning regulations. Considerable discussion ensued among Councilmembers as to the fee schedule for such permits as well as the appeal process when necessary. Councilmember Harbicht objected to such an ordinance. He feels this would be unwarranted government intrusion into an individual's private property. He stated, in part, he does not think Council should pass a law to solve a problem when there is no problem. Other Councilmembera felt there should be a tree ordinance, but entered into a short discuasion as to which trees should be included. Mayor Gilb does not feel a permit should be required for trimming or pruning. There was also considerable discussion concerning tree trimming and pruning and the suggestion was made that a 11 5/7/91 9. 9a. ORDINANCE NO. 1934 (ADOPTED) 05-IfO - 6"-- r/} ~II -00.2 9b. ORDINANCE NO, 1935 (ADOPTED) ;,<,.", -, /<.- c;.o".;:J 0 (.t..... fi:1o.J -r"" rf" """ 'r~ ",1_ vtot.') 9c. ORDINANCE NO. 1936 (INTRODUCED) o s-'Co_ 6::''' r,q <'11-00'1 9d. RESOLUTION NO. 5582 (ADOPTED) o...-)~~; - 1<. I, ; ~,# " d 33:0118 booklet outlining the proper ways of pruning be prepared to be presented to persons obtaining the permits. It was then MOVED by Councilmember Ciraulo, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that staff be DIRECTED to initiate a draft text amendment for tree preservation to be considered at a public hearing before the Planning Commission. AYES: NOES: ABSENT: Councilmembers Ciraulo, Councilmember Harbicht None Fasching, Young and Gilb CITY ATTORNEY The City Attorney presented and read the title of Ordinance No. 1934: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 91-002 ADDING SIGN REGULATIONS IN THE R-l ZONE, ADDRESSING THE USE OF BANNERS, PENNANTS AND SIMILAR ATTENTION ATTRACTING DISPLAYS AND CLARIFYING THE LOCATION OF ARROW-TYPE DIRECTIONAL REAL ESTATE SIGNS". I It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1934 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney presented and read the title of Ordinance No. 1935: 'I\N ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 91-003 AMENDING THE "H" HIGH RISE OVERLAY ZONING REGULATIONS, DIVISION 6, TITLES 1 AND 2 BY CREATING FIVE HEIGHT OVERLAY ZONES AND ADDING REGULATIONS TO REQUIRE A CONDITIONAL USE PERMIT FOR ANY BUILDING EXCEEDING THE HEIGHT LIMITS OF THE UNDERLYING ZONE". It was MOVED by Councilmember Harbicht, aeconded by Councilmember Young and CARRIED on roll call vote aa followa that Ordinance No. 1935 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None The City Attorney presented for introduction and read the title of Ordinance No. 1936: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT 91-004 ESTABLISHING A NEW SECOND ONE-FAMILY ZONING DESIGNATION OF R-l 15,000" I It was MOVED by Councilmember Fasching, aeconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1936 be and it is hereby INTRODUCED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None The City Attorney presented and read the title of Reaolution No. 5582: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 12 5/7/91 I I ge. RESOLUTION NO. 5583 (ADOPTED) Os-no, b'rl o (c1 :2 nd I/IIe 10. 11. FASCHING (Eiaenhower Memorial Park Fence) HARBICHT (HOA Liability Potential) 0(</0. O~- /'Is,,;:. 33:0119 ARCADIA, CALIFORNIA, APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY". It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5582 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5583: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING A MAP AND DECLARING THE CITY'S INTENTION TO VACATE AND ABANDON PARCELS ONE (1) AND TWO (2), PORTIONS OF SECOND AVENUE; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE SHOWING SAID PORTIONS; RESERVING EASEMENTS AND RIGHTS-OF-WAY TO BE EXCEPTED; SETTING A PUBLIC HEARING THEREON FOR JUNE 4, 1991; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED". It was MOVED by Councilmember Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Resolution No. 5583 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Noted that Recreation Director Jerry Collins had checked the height of the fence at Eisenhower Memorial Park which had been discussed earlier in the meeting (Item 7d). The fence is six feet in height along the park area; it is ten feet in height in what would amount to the left field park. It is ten feet high in that area at the request of the neighbors. Councilmember Harbicht has been concerned for a long time about the fact that Council has essentially made the homeowners association Architectural Review Boards part of the permit approval process, and essentially part of the City government. He is concerned that the City could become part of a lawsuit because of the Review Board acting as agents of the City. The City is required by law to do certain things; hold public hearings, give adequate notice, run meetings in certain ways, see that all meetings are public meetings, etc. The fact is that the Architectural Review Boards are not following those rules. They are to some extent, but are not doing it by the letter, down the line. The problem is sooner or later, he thinks there is a very strong potential that one of the homeowner associations is going to be sued and the City is going to be named in the suit, and the City is going to lose. An article in the Wall Street Journal described a situation where an Architectural Review Board denied a permit; they were sued and the result was that the owners of every single piece of property in that homeowners association owed $5,000 to the people who had been turned down. The court found that those people had not been treated justly and, since the homeowners association was the umbrella body, every single 13 5/7/91 HARBICHT (cont'd) CIRAULO (Lock-up of Aerosol Spray Paint) () S-,:Jf) _ ;, Q , r", (rrt> 'I ' i A/sP GILB (Budget Study Session 4:00 p.m. May 21, 1991) (Bd.& Comsn. Appts. June 18, 1991) 073()- d(~ ;J,:,p (Conununity Ctr. Dedication 3:00 p.m., July 19.1991) YOUNG (In Memory of Wilford Knight) tnO, '/ I ()! NSr" 33:0120 owner of a piece of property owned $5,000 and a lien was inunediately put against those properties. People in the homeowner associations may not realize that they are at risk because most of the members take no active part in the association. Councilmember Harbicht requested a legal opinion from the City Attorney with regard,to whether or not the City is liable in such instances, and some educated guess as to how high the potential for liability might be, and if there are things Council should be requiring of the Architectural Review Boards to cover this. Even if good judgement is exercised, if they don't follow the rules, a person would have a basis for suing right there. The City Attorney replied that such concerns have been shared by the City Manager and Planning Director. The City does provide for minimal due process requirements on the part of the homeowner associations in the existing I resolutions, but the concern is that those are not always adhered to. If they are adhered to, the City is in a good position with regard to liability, When they have not been adhered to, on occasion the Planning Director and City Attorney have called HOA representatives in and, so to speak, educated them. A few years ago a seminar was held to point out these requirements; perhaps it is time for another such seminar. Courts in California have already declared homeowner associations to be like public agencies. This is even more true in Arcadia where the power they derive is delegated from the City Council. It is a liability-producing type entity and Council has to be concerned that the homeowner associations adhere to the requirements spelled out in the resolutions. The City Attorney will bring a legal opinion back to Council. He would like to discuss the possibility of considering adoption of an ordinance requiring business that sell aerosol spray paint to keep the paint out of the reach of the general public, i. e., under lock and key. Mayor Gilb noted they had discussed this with regard to the problem of graffiti. Duarte tried to pass such an ordinance and it was turned down. They wanted the crayons, Marks-A-Lots, etc. all locked up. Councilmember Young noted it had covered just the large Marks- A-Lot. She also noted that El Monte has also passed such an ordinance and have asked if Arcadia would go along with it. Mayor Gilb requested the City Attorney to'obtain copies of such ordinances from other cities. Announced that the Budget Study Session is going to be at 4:00 p. m., May 21, 1991. He requested that Councilmembers study this in advance in order to expedite the discussion, and perhaps some budget questions could be answered by staff in advance. Mayor Gilb announced that Board and Commission appointments to be made June 18, 1991. I Mayor Gilb also announced that the dedication of the new community center is scheduled for 3:00 p.m., July 19, 1991. I would like to adjourn the meeting tonight in memory of Wilford "Bill" Knight. Bill passed away on April 19th at the age of 69. He was born in Oklahoma, and as you all know, he was a southern gentleman. He was a resident of Arcadia for many years and was well known for his deep love of history, 14 5/7/91 I I GILB (In Memory of Lazaro\i> (l... Barrel:ia~ f(}(morr Dr.: N.sp 12. ADJOURNMENT (4:00 p.m., May 21, 1991 - Budget Study Session) ATTEST: ,.J Alford, 33: 0121 particularly related to the South. Bill served on the Personnel Board for nine years and was a great promoter of the City and its employees. He is survived by his two children, Terry Knight of Arcadia and Karen Knight of Monrovia, and two grandchildren. Services were held on April 24th at the Arcadia Presbyterian Church and burial was in Spencer, Oaklahoma. I adjourn the meeting in memory of Wilford Knight." "I would also like to adjourn the meeting in memory of Lazaro Barrera. Mr. Barrera was a legendary horse trainer who lived in Arcadia. He died on April 25, 1991 at the age of 66. Laz was born in Cuba. He was a trainer for forty years. He is the only person that has ever been inducted into the Racing Hall of Fame in Mexico, Cuba and the United States. He started his career in 1951 and he had 2,269 winners. He died very unexpectedly a week ago Saturday. The Mass was at Holy Angels Church last weekend, This last winter was his last winter at Santa Anita on the 31st, He is survived by his wife, Carmen; sons, Larry and Albert; and daughter, Blanca. I would like to close the meeting in memory of Lazaro Barrei;a. ,,~>>p...- At 10:10 p. m. the City Council ADJOURNED to 4:00 p. m., May 21, 1991 for a Budget Study Session in the Council Chambers and to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation and evaluation of properties. ~~ ~ Charles E. Gilb, Mayor 15 5/7/91