HomeMy WebLinkAboutMAY 21,1991_2
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(May 7,1991)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
MAY 21, 1991
The City Council and the Arcadia Redevelopment Agency met in
a regular meeting at 6:45 p. m., Tuesday May 21,1991 in the
Arcadia City Hall Council Chamber.
Mr. Jeff Davis, First Reader, First Church of Christ,
Scientist
Mrs. Karen Benvenuto, Chairperson, Arcadia Beautiful
Commission
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 meeting of May 7, 1991
were APPROVED.
It was MOVED by Councilmember Ciraulo seconded by Council-
member Fasching and CARRIED that ordinances and resolutions
be read by title only and that the reading in full be WAIVED.
PRESENTATION OF ARCADIA BEAUTIFUL AWARDS
Mayor Gilb announced that the Arcadia Beautiful Awards are to
be presented this evening. Whereupon he turned the meeting
over to the Arcadia Beautiful Commission Chairperson, Karen
Benvenuto.
Chairperson Benvenuto stated, in part, that the Commission is
dedicated to keeping Arcadia beautiful and reviewed some of
the projects of the Commission in the last 21 years since the
Commission was formed, i. e., started an anti-liter campaign;
instrumental in removal of utility poles from Michillinda and
the 210 Freeway; proposed Holly Avenue be listed in the'
National Historical Register; promoted landscaping on the 210
Freeway; suggested uniform trash cans; beautified riding and
hiking trails with trees and shrubs. In 1971 the Commission
was responsible for setting April as "Clean Up, Green Up
Month" . Donations were raised for the mural in the John
Panatier Nature Center and the Commission was instrumental in
the re-routing of trucks on Duarte Road. More recently cedar
trees have been planted at the corner of Michillinda and
Sunset. Last but not least, in 1987 with combined efforts of
Los Angeles County and the Arcadia Beautiful Commission, the
City of Arcadia and George Fasching of the Arcadia Rotary
Club, the long-neglected fountain at the corner of Santa Anita
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and Huntington Drive was re-started. The current Commission
has two projects: the preservation of trees and the removal
of graffiti in that they try to observe such instances and
report the location to the City Code Enforcement Officers. The
Commission likes to think of itself as a community of
watchdogs. Year long they keep an eye out for things that
might need repair; street lights that are out; properties in
disrepair and conditions that would keep our City from
remaining beautiful. In 1975 the Arcadia Beautiful Awards
were instituted. That is, of course, why we are here this
evening.
Chairperson Benvenuto then introduced past Commissioners: Alli
Roysher; Jean Hoard; Beth Costanza; Mr. & Mrs. Bill Wyman;
Gloria Alfieri; Elsie Hetherington; Marguerite Towsley and
Lorraine Fricke.
I
The Chairperson acknowledged and thanked, on behalf of the
Commission, the efforts and contributions of: Don Wilsterman,
the Police photographer who is present at each presentation
ceremony; Melissa Ornelas, liaison in the Public Works
Department, who does the secretarial work; Elsie Hetherington,
who for years has hand painted the peacocks on the
certificates to be awarded; Cindy Peele, who did the
calligraphy on the certificates; The Color Sliders who took
the photographs; Barbara Yack of Ralph's Florists, who donated
the centerpiece for the reception; the Santa Anita Golf Course
who donated the refreshments; Foulger Ford who provided a van
to enable the Commissioners to view the properties. A special
thanks to the Council's liaison this past year, Councilmember
George Fasching who actually got everything donated for the
ceremony this evening.
Chairperson Benvenuto then introduced the present members of
the Commission: Pat Eicherly, Jim Green, Mary Hansen, Roland
Kelly and Peter Ulrich.
Chairperson Benvenuto explained the Commission's procedure for
selecting the winners and then introduced Awards Committee
Chairpersons Roland Kelly and Peter Ulrich who presented the
following awards:
ARCADIA AWARD
404 S. Santa Anita Avenue - Dorothy & Ronald Ramuz
SANTA ANITA AWARD
233 E. Huntington Drive - The Derby Restaurant
MAYOR'S AWARD
510 Sharon Road - Mr. & Mrs. Richard D. Lober
NEWCASTLE AWARD
1101 Encino Avenue - Donald & Mary Milefchik
I
ANITA BALDWIN AWARD
1990 Highland Oaks Drive - Thomas & Victoria Aiken
ROSEBUDD BALDWIN DOBLE AWARD
621 Gloria Road - Larry & Ginger Daines
CLARA BALDWIN STOCKER AWARD
615 Arbolada Drive - Paul & Nancy Arentsen
AZALEA AWARD
332 Fairview Avenue - Vic & Kathy De Palma
HUGO REID AWARD
500 S. Old Ranch Road - Robert & Judy Green
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I
ROLL CALL
l.
PUBLIC HEARING
APPEAL PLAN.
COMSN. APPROVAL
MC 91-017
(Second Floor
Setback "" 2050
Vista Ave.)
(APPEAL DENIED)
OS&D- ~S
~ \) 50 VISII1
0__-
"0" . ~.. '
I
IN FAVOR
OF APPEAL
. ~-,.- -'
33: 0133
QUEEN ANNE AWARD
1026 Encanto Drive - Paul & Cathy Martinet
LUCKY BALDWIN AWARD
1020 Fallen Leaf Road - Guy & Cheryl Alexander
PEACOCK AWARD
1014 Hampton Road - Merrill & Donivee Nash
At 7:15 p.m. City Council RECESSED and RECONVENED at 7:37 p.m.
PRESENT: Councilmembers Ciraulo, Fasching, Harbicht,' Young
and GUb
ABSENT: None
On April 15, 1991, Norma Iovine of 2058 Vista Avenue, filed
an appeal to the Planning Commission's approval of MC 91-017
for proposed second floor addition with side setback
modifications at 2050 Vista Avenue. Details relating to MC
91-017 and Mrs. Iovine's appeal are set forth in the Planning
Department's May 21, 1991 staff report. Mrs. Iovine noted
that she did not receive notice of the Architectural Review
Board's meeting, nor of the Planning Commission meeting.
Additionally, she is concerned that the proposed second floor
addition will obstruct her view.
Councilmember Harbicht noted in the staff report that the
required second floor setback of eighteen feet would require
additional structural design since the walls would not line
up with the first floor walls. He inquired if that is not
true of any two story home built under the existing ordinance?
Staff responded that in any house where an existing first
floor conforms to existing ordinance, any second floor would
be setback more and require additional structural work.
Mayor Gilb declared the hearing OPEN and requested those in
favor of the appeal to step forward.
Hillel Chodos, Lawyer, 1559 S. Sepulveda, Los Angeles, stated,
in part, that the property at 2058 Vista Avenue is owned by
his wife, Gina and her mother, Norma Iovine. The specific
matter before Council this evening is an appeal from the
Planning Commission ruling approving a sideyard setback
modification. What they are seeking, specifically in
connection with this appeal, is a reversal and, in effect,
having the matter sent back to the Architectural Review Board
to start from scratch on the grounds that they did not receive
notice. He understands that Mr. Bicker has written a letter
Itlting that he mailed out a notice and the Planning
Department also has an affidavit that they sent out a notice;
but his clients never got them. They learned about the matter
6111)' a llclUjlle of days before the appeal time ran out by'
calling the City to inquire what had happened. He presented
a petition to Council with. over 400 signatures referring to
the matter of the power of the Architectural Review Board to
consider questions of obstruction of view. He also presented
photographs to Council to give an idea as to why his cliants
are interested and are pursuing this appeal with such vigor.
Tha letter from Mr. Bicker as well as the Planning Commission
minutes reflect the thought that nobody really cared about
this mattar. That is the consequence of people not receiving
notice. The owners would certainly have appeared and argued
against this modification if they had known about it. The
owners have been told by members of the Highland Oaks
5/21/91
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IN OPPOSITION
TO THE APPEAL
REBUTTAL
33:0134
Homeowners Association and by Members of the Architectural
Review Board that they are under the impression that they do
not have any power under Council's Resolution 5269 to take
view obstruction into consideration. They have made their
decision on the basis of the theory that view is not an
available consideration for them to think about. He reviewed
sections of the Resolution and said they should lead Council
to an opposite conclusion. This Resolution was adopted in
order to give the Architectural Review Board the power to
protect these important values. The signers of the petition
feel that the Architectural Review Board does have the power
and, therefore, should use its discretion to protect views in
terms of the least offensive/alternative. He presented the
above mentioned petition and photographs of the site to
Council. In reply to a question from Mayor Gilb, Mr. Chodos I
replied that his house is a two story house. There is no view
from the first story, but there is a view from the seocnd
story.
The City Attorney commented that "first of all, on the issue
of remanding this, that certainly is within the power of the
City Council. The ordinance establishing the ARB's says that
if the Council determines there is a procedural problem, they
can send it back to the Architectural Review Board. Mr.
Chodos is representing that even though the notice was sent
out, his clients did not receive actual notice. However, I
will say you are not mandated to send it back for that reason,
particularly since this proceeding before you now is what we
call a de novo or a new proceeding that, to a great extent,
can cure any due process violations. So the Council has the
prerogative to send it back in order for the ARB to reconsider
this, but you are not mandated to do so. With regard to the
question of the view -- an obstruction to view -- I do respect
the opinions of Mr. Chndos, but in context, the particular
ordinance and resolution that the Council is dealing with is
not per se a view pre'servation ordinance. All of the sections
that he read are within the context of design review and the
determination as to whether this is compatible and harmonious,
and not as to whether a view is obstructed. We do not have
a view preservation ordinance in the City of Arcadia and this
certainly is not such an ordinance. So I think it is highly
questionable as to whether there is any authority to deal per
se with that issue. Thank you."
Robert and Jackie Coolev, 2050 Vista Avenue, stated, in part,
that last September they were presented with the situation of
probably having an elderly member of the family live with them
requiring more living space. They had two options (1) to
build across the front or (2) to build across the north rear
section. They felt it would be in the best interests of the
neighbors to build across the north rear section. 'They took
their plans to the homeowners association and Planning
Department to get a plan check and then found out that they
had to have a setback variance which they appealed to the
Planning Commission. With reference to building onto the one
story building, they could not build in the front because of
the 35 foot restriction to the front and on the back, there
is a sewer drainage problem.
I
Phil Chodos., 1559 S. Sepulveda, Los Angeles, stated, in
rebuttal, that "he wanted to comment on what Mr. Miller said.
It is correct that you are not mandated to reverse it, but you
have the discretion to do it. It is also true, this is not
specifically a view ordinance, but what I am suggesting to
you, is if this goes back and we are entitled to make our
record, we will be able to give you a factual foundation on
the issue of side yard, on the issue of whether this is
architecturally consenant with the ranch style architecture.
On all these other factors we can get you evidence on whether
5/21/91
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33:0135
it is possible to build on grade by making some further
arrangement than Mr. Cooley has thought of. And you can have,
when it finally reaches you again, if it ever does, if it
isn't worked out, you can have a full factual basis".
I
j
Ra1Dh Bicker, Chairman, Highland Oaks Architectural Review
Board, stated, in part, that at the time the Board met on this
matter, they determined that if the Cooleys maintained the
eighteen foot setback and built a two story addition that this
would probably have a greater effect on the Iovine residence
than the way it was proposed because it would make it longer
and block more view. In a similar case they met with the City
Attorney and at that time they were told that they could not
deny an application on the basis that it would block a view.
It was on that basis, their determination was made. He
definitely did put a letter into the mail to Mrs. Iovine.
There had been an incidence with a roof about a year earliar,
so he would not have overlooked her notification.
No one else desiring to be heard, the hearing was CLOSED on
MOTION by Councilmember, Ciraulo, seconded by Councilmember
Fasching and CARRIED.
Councilmember Fasching noted that the City Attorney had
outlined the legalities of the situation. There have been a
lot of complaints about houses that obstruct views. Two story
houses are the mode today. The scenario here could be much
worse if someone were to tear down the present house and build
a two story house on that lot. While he is sympathetic to the
loss of view, he does not think this is an obstruction of the
entire view from the adjacent home. He feels the addition
fits architecturally with the neighborhood. He will have to
vote in favor of the addition.
Councilmember Harbicht noted that these people have always had
the right to have a two story house on their lot. The people
who have this view should be thankful they have had it for as
long as they have. Zoning puts limits on what can be done
on property, but it also is a guarantee of what can be done.
The R-l zone ordinance allows two story houses within the
limits outlined. The ARB Chairman and the Planning Department
said they did put the notices in the mail. Mrs. Iovine does
not remember getting a notice, but we can not reverse a
decision or go back and start over on the basis of someone not
remembering that they got a notice. The only issue to
consider is the setback requirement of the new ordinance
adopted about a year ago.
Councilmember Young agreed with Councilmember Harbicht and
felt that Council should abide by the Ordinance and require
an eighteen foot setback.
I
Councilmember Ciraulo said he feels the Cooleys are well
within their rights to build a second story. The only reason
the Iovines had a view to begin with is because they are
seeing it from their own second story. He would question the
setback, but agrees with their right to have a second story. '
Councilmember Fasching felt the setback modification should
be allowed in this case, especially since it has been approved
by the ARB and the Planning Commission. Councilmember Young
disagreed and felt the Ordinance should be followed.
Councilmember Harbicht noted that the original purpose of the
ordinance was to cut down on the apparent bulk of the house
from the street view. There is a mitigating circumstance here
in that the house is set far back from the street and that has
been accomplished without the setback. Councilmember Ciraulo
pointed out that if the setback is eighteen feet, or thirteen
feet, it will still obstruct the view of the Iovines. He also
5/21/91
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2.
2a.
REVISED
CLASSIFICATIONS
(PBX Recep-
tionis t &
Custodian)
(APPROVED)
O;;ld,o-/O
(,.e.tlC,Ty
3.
33:0136
feels the addition is far enough back from the street, that
it does not interfere with the intent of the Ordinance. He
is in favor of allowing this to go through and denying the
appeal.
It was then MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED on roll call vote as follows
that the appeal be DENIED and that Council allow the project
to go through as designed on the basis that it would prevent
an unreasonable hardship and the project, as designed,
accomplishes the objectives of the Ordinance and DIRECT staff
to prepare the appropriate resolution incorporating the
Council's decisions and findings.
AYES:
Councilmembers Ciraulo, Fasching, Harbicht, Youn~
(except for the second story setback) and Gilb
None
None
I
NOES:
ABSENT:
BOARDS AND COMMISSIONS
At its May 9, 1991 meeting the Personnel Board reviewed and
approved proposed revisions for the Custodian and PBX
Receptionist classifications and forwarded their
recommendation to the City Council for review and
consideration.
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Young and CARRIED on roll call vote as follows
to APPROVE the Personnel Board's recommendation to modify the
Classifications of Custodian (Class #1728) and PBX
Receptionist (Class #1712).
AYES:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
NOES:
ABSENT:
AUDIENCE PARTICIPATION
Marilvn Daleo, 618 Flamingo Way, Member of the Arcadia Library
Board read a letter from the Trustees of that Board, "The
Trustees of the Arcadia Library Board want to reaffirm that
we believe in the need for a new Library facility and firmly
support the continued pursuit of funding through the State's
Library Construction Bond Act. The Library Board has long
been aware that the current Library has reached its physical
limits. In January 1990, after touring other library
facilities, and assessing our own program, the Board I
communicated to the Council the need for expansion which would
best serve this community. These deficiencies were confirmed
and remedies proposed in the needs assessment and building
program report prepared by Charles Walton Associates. The
Library staff does an excellent job with what exists, but the
reality of the Library structural inadequacies and the demands
of an ever changing society must be addressed. Built to
accommodate a collection of llO,OOO, the Library is now
bursting at its seams with nearly 150,000 volumes. Public
seating has ~een reduced by over one-third of its original
capacity. With a gate count of 30,000 to 40,000 patrons per
month and an annual circulation of 400,000, the Library is the
one public building most generally used by Arcadia citizens.
The Arcadia Public Library is categorically a small library
facility trying to service a community with medium sized
demands.
5/21/91
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"Alternatives to new construction have been considered. But
the study indicates that new construction is the most feasible
cost effective solution. With the opportunity to secure 65
cents on the dollar through the Proposition 85 Library
Construction Program,' the Library Board of Trustees feels it
would be negligent in not encouraging the pursuit of this
funding source. 'The Library facility has served the community
of Arcadia well over the past thirty years, but there is no
avoiding the inadequacies which must be corrected in order to
meet the challenges of library service in the twenty-first
century. A solution is needed, if not now, certainly in the
near future which, unfortunately, would be without the benefit
of matching funding. As Trustees appointed by Council, we
feel it is our responsibility and obligation to make you aware
of the Library's needs and to encourage you to go forth with
the application process to secure Proposition 85 funding."
Kent Ross, City Librarian, replied to questions from Council
as to whether or not some kind of a remodel of the Library
would satisfy the needs, rather than an entirely new library
structure, that a remodel would not be cost effective. The
question of whether or not a new library would have to be
built even if State funds were not available would have to be
addressed after the question of State funding is answered.
The letter from the Trustees is addressing the matter of the
Resolution on this evening's agenda which approves the
application for the State funds. The questions regarding
possible remodeling of the Library would have to be addressed
at a later time.
4.
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
5.
ARCADIA REDEVELOPMENT AGENCY
5a.
ROLL CALL
PRESENT: Agency Members Ciraulo, Fasching, Harbicht, Young
and Gilb
ABSENT: None
5b.
MINUTE APPROVAL
(May 7,1991)
(APPROVED)
On MOTION by Member Young, seconded by Member Harbicht and
CARRIED, the Minutes of the meeting of May 7, 1991 were
APPROVED.
5c.
REDEVELOP.
TAX REVENUE
STUDY
CONSeLTANT
(DENIED)
Since adopting the Central Redevelopment Project Area in early
1974, the Agency has been receiving tax increment from Los
Angeles County and unitary taxes and business subventions from
the State of Cali~ornia. These taxes have been remitted to
the Agency by the County and State based upon their
independent accounting of the Proj ect Area boundaries and
property transfers they have monitored within it. This
o rolO -So ~ 17 process has occurred largely independent of outside scrutiny.
III-X /tlcllE-Milll FIlS On March 14, 1991, Agency staff mailed a request for financial
services proposal to eight financial consultants for five
basic tasks and three possible add-on tasks relating to the
Agency's financial relationship with the County and State.
Several Agencies have had work done similar to that described
above and found that County/State errors resulted in
significant revenue shortages. As a result, corrections were
made to the County/State records resulting in retroactive
payments back 3 years and in increased future annual revenue
to those Agencies. However, Agency staff has been advised by
5/21/91
7
5d.
DESIGN REVIEW
(145 E. Htg.
Dr. - Paul's
Design Group)
(APPROVED)
D(""Io-Lfo
/45 E. HTrr
33: 0138
the consultants that it is possible an error could be
discovered which,will result in a net ~ to the Agency.
Agency staff found that, based upon their proposal, only Katz
Hollis is able to meet all of the requirements of the RFP in
both the basic and supplemental tasks, and recommends that the
Agency approve a financial services contract with this
company.
In reply to questions from Member Ciraulo, staff replied this
report from Katz Hollis would be available approximately sixty
days after the contracts are signed. In reply to questions
from Member Harbicht, staff replied that, from their
experience, it is a good likelihood that there are some
deficiencies in the County records, and that the Agency should
recover most of this investment in a consulting contract.
I
Lawrence J. Arceneaux, Katz Hollis, 550 South Hill Street,
stated, in part, that they were able to recoup some money for
the Monrovia Redevelopment Agency under similar circumstances.
He estimates there is about a 90% chance that they will find
a discrepancy between what they would determine to be the
correct amount of revenues which should be going to the
Redevelopment Agency and the amount that the County is
actually providing. Whether or not that discrepancy will fall
in favor of the Agency or otherwise is harder to call.
Historically, they have been of benefit to their client
agencies in about 60% of the cases. In reply to a question
from Member Harbicht, he replied that for the situations found
when money accrued to the Agency as a result of their
investigations, those receipts more than covered the cost of
the investigation. Also such corrections have multi-year
impact. In many instances they have had to do follow up work
to ensure that suggested corrections are made permanent in
County records. Further exchange occurred between the Agency
and Mr. Arceneaux.
Member Harbicht stated that, without some indication or
suspicion that the Agency is, in fact, losing money, he is
reluctant to bet $25,000 that they might find mistakes that
are recoverable. Other Members agreed. Member Fasching would
like to see what could be done on this matter by an internal
operation.
It was then MOVED by Member Fasching, seconded by Member
Ciraulo and CARRIED on roll call vote as follows that the
request for financial services contract between the Agency and
Katz, Hollis be DENIED.
AYES:
NOES:
ABSENT:
Members Ciraulo, Fasching, Harbicht, Young and Gilb
None
None
I
Consideration of a Design Review for 145 E. Huntington Drive
(Paul's Design Group). The work proposed is a remodel of
former Better Homes and Garden Center for use as a "Beauty'
Center". The plans for the proposed remodel are outlined in
detail in staff report dated May 21, 1991. In reply to
question from Member Fasching, staff responded that they
anticipated no increased traffic problems as a result of the
new driveway.
It was MOVED by Chairman Gilb, seconded by Member Young and
CARRIED on roll call vote as follows that the Design Review
for 145 E. Huntington Drive be APPROVED subject to the
conditions outlined in staff report dated May 21, 1991.
AYES:
Members Ciraulo, Fasching, Harbicht, Young and Gilb
5/21/91
8
Se.
ADJOURNMENT
6.
7.
I
7a.
PUBLIC HEARING
SCHEDULED
(June 4.1991)
7b.
PUBLIC HEARING
SCHEDULED
(June 4,1991)
7c.
WATER RATE
INCREASE RPT.
DlS-o-/3 C>
7d.
7e.
WORK ACCEPTED
(Traffic Strip.
& Pavement
Markers -
Job No. 600)
o 9dO- 90
.;Jo 6 6 DO
I
7f.
SANTA ANITA
SPlING CLASSIC
llC - SIC- lOIC
RUN
l)1S"o-3o
t;;VG ",'I S
33:0139
NOES: None
ABSENT: None
The meeting ADJOURNED to 7:00 p.m., June 4, 1991.
CITY COUNCIL RECONVENED
CONSENT ITEMS
PUBLIC HEARING SCHEDULED for June 4, 1991 for consideration
of proposed Zone Change Z-9l-00l, a zone change from R-l 7,500
to R-l 15,000 for certain properties. This proposal changes
the required minimum lot size from 7,500 sq. ft. to 15,000 sq.
ft.
PUBLIC HEARING SCHEDULED for June 4, 1991 for consideration
of T.A. 91-001 to amend certain sections of the Public Works
regulations of the Arcadia Municipal Code (Article VII) to
provide for future fees, deposits, and amounts of liability
insurance and surety bonds to be adopted by City Council
Resolution.
APPROVED report and recommendation regarding proposed water
rate increase. Resolution authorizing the proposed water rate
increase for Fiscal Year 1991-92 to be prepared and presented
to Council for approval at the June 4, 1991 Council Meeting.
Considered separately. (See pg. 10)
ACCEPTED project and recommended final payment to Pacific
Striping Company for painting traffic striping and pavement
markings and installation of raised pavement markers on
various streets throughout the City - Job No. 600. 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
$49,716.10 was funded from the 1990-91 Public Works Operating
Budget.
APPROVED the Santa Anita Spring Classic lK - 5K - lOK Twelfth
Anniversary Run to be held on Sunday, June 16, 1991. The
estimated cost of policing the event in the amount of
$1,700.00 will be borne by the Boy Scouts of America. No
costs to the City are anticipated. Insurance binder naming
the City of Arcadia, has been approved by the City Attorney
and is on file in the City Clerk's Office.
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY
COUNCILHEMBER YOUNG, SECONDED BY COUNCILHEMBER HARBICHT AND
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
NOES:
ABSENT:
5/21/91
9
During the 12 years that the City has used the VMS 220 traffic
signal computer, 24 intersections and 3 major arterials have
been added to the original system. Recently, due to aging
components and various hardware related problems, the computer
has been experiencing a series of intermittent failures that
have become increasingly more time-consuming and expensive to
restore and to repair. The proposed traffic signal computer
C -r~ '- upgrade is currently scheduled in the Capital Improvement
~fYIP',) ,~......
Program for the 1992 -93 fiscal year. Since the system is
, degrading more rapidly than anticipated and in order to
maintain traffic signal coordination throughout the City, it
is staff's opinion that a portion of the traffic signal
computer system described below as Phase I be upgraded
immediately and that the remaining portion (Phase II) be
completed in 1991-92 instead of 1992-93.
7d.
REPLACE GROUND
COVER W/HARD
SURFACE -
NARROW MEDIAN
TRAFFIC ISLANDS
(TABLED)
6~~o_55
8.
8a.
VMS 220 TRAFFIC
SIGNAL COMPUTER
UPGRADE - PHASE I
(APPROVED)
09&&- 0 'J
{(IF SI(;;o
33:0140
Consideration of recommendation by staff to replace low
groundcover and irrigation system with hard surface in narrow
median traffic islands. On February 18, 1991, the City
Council approved the implementation of several water
conservation measures for City-owned facilities. The City
Council also directed staff to bring back a report regarding
use of a hard surface in place of, low groundcover and
irrigation system in narrow median traffic, islands, i. e. at."
the noses and left-turn bays, to conserve water and eliminate
overspray runoff and potential safety problems in the street
at these locations.
Councilmember Harbicht felt this is a large expenditure to
save an amount of water that is about the same as that used
in a year by one household, although the water savings will
continue in future years. Councilmember Young was concerned
that this will change the appearance of the City. It was
suggested that adjustments be made on the sprinkler heads
where overspray is a problem.
I
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Young and CARRIED on roll call vote as follows
that the recommendation to replace low groundcover and
irrigation systems in narrow median traffic islands with
colored stamped concrete be TABLED for the present.
I
AYES:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
NOES:
ABSENT:
CITY MANAGER
After discussion among Councilmembers as to the feasibility
of upgrading the traffic signal system Phase I and Phase II
at the same time, it was decided that, since they are actually
different projects, they should be done separately.
I
It was then MOVED by Councilmember Harbicht, seconded by
Councilmember Young and CARRIED on roll call vote as follows
that $27,000 be allocated from the Gas Tax Fund for the
purchase of the file server and the re-entry of all data
(Phase I) in this current fiscal year. It is also MOVED that
the remaining proposed upgrade (Phase II) of the computer
system be rescheduled for the 1991-92 fiscal year instead of
1992-93, at an estimated cost of $57,000 allocated from the
Gas Tax Fund.
AYES:
Councilmembers Ciraulo, Fasching, Harbicht, Young and
Gilb
None
None
NOES:
ABSENT:
5/21/91
10
I
I
8b.
CITY-OWNED
LOT IMPROV.
(509 W. Winnie
Way)
(APPROVED)
o7ljO-bO
fA55/V€ ~Il.ks.
8c.
LEAVE & OVERTIME
POLICIES
MODIFICATION
(Abshire)
(APPROVED)
O~30- ~ 0
UIIVt:; foLleY
33:0141
Since 1972 the City has received numerous complaints regarding
the appearance of the City-owned lot at 509 West Winnie Way.
Councilmember Fasching did not feel that the size of the
property was such that it would warrant the expense of a mini
park. He felt a three or four foot slump stone wall across
the front would solve the problem for everyone in the area at
small expense to the City.
Rose Dimichina, 512 West Winnie Way, was present to state that
she lives directly across the street from the property under
discussion. What she would like is a wall at the rear of the
City property. She is not asking for a mini park, but a lawn
would be nice.
Irene Hvnek, 508 West Winnie Way, lives directly in front of
the subject property and it is ugly, dirty and dusty. She
has been looking at it for seventeen years. She would like
something done about this other than just a wall.
It was then MOVED by Councilmember Young, seconded by
Councilmember Harbicht and CARRIED on roll call vote- as
follows that a six foot wall be constructed at the north
property line, graduated down on the sides to match Code, with
lawn planted and trees and park bench on City owned property
at 509 West Winnie Way.
Councilmember Fasching said he had been under the mistaken
impression that the neighbors wanted a wall along the sidewalk
to prevent cars from driving through.
AYES:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
NOES:
ABSENT:
The City is confronted with a recent court decision which will
affect the manner in which the City complies with the ,Fair
Labor Standards Act with regard to the overtime provisions of
categorically exempt management employees. An explanation of
the implications of the Abshire Decision and the options the
City has in order to comply with this Decision are . set
forth in detail in staff report dated May 16, 1991. Staff's
recommendation is that the following leave policies be
incorporated into the Fringe Benefits Resolution: (1)
Management employees shall not be deducted leaves less than
eight hours. However, management employees must gain prior
leave approval from supervisors, for taking time off in
increments less than eight hours. Any actual leave abuse by
a management employee will be reflected in that employee's
evaluation and may be grounds for discipline; (2) Compensate
overtime at time-and-one-half for battalion chiefs for hours
worked in excess of 216 hours in a 27-day work period.
Alex Mclntvre, Assistant to the City Manager, was present to
answer Council's questions. He stated that in order to retain
exempt status under the Fair Labor Standards Act, the City
needs to modify leave policies.
Gerald Gardner, Fire Chief, was present to explain that a
battalion chief is not allowed to be absent from his position
during his twenty-four hour shift. He is on duty and is the
shift commander and has to be there for all emergancy calls
twenty-four hours a day. If he cannot be there, one of the
two off-duty battalion chiefs is required to come in and work
5/21/91
11
RESOLUTION
NO. 5586
(ADOPTED)
O:l3(')--;;),0
U..tlV €. P.,L-l'/
-,
8d.
FRONT YARD
FENCES & WALLS
(Single-family
Zones) ,
(NO ACTION
TAKEN)
OSii'c>-13
9.
CLOSED
SESSION
o/lr)- l-f('l
9a.
ORDINANCE
NO. 1936
(ADOPTED)
o 5' fro - b 5"
TfJ '1/- 00 'I-
33:0142
in the vacancy and is paid straight time over-time. In order
to comply with the Abshire Decision, it will be necessary to
pay time-and-a-half. The fiscal implication is about $20,000
per year.
The City Attorney presented and read the title of Resolution
No. 5586: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, RESCINDING RESOLUTION #5311 AND AMENDING
RESOLUTION #5241 REGARDING IMPLICATIONS OF LEAVE POLICIES FOR
MANAGEMENT EMPLOYEES AND OVERTIME FOR FIRE BATTALION CHIEFS".
It was MOVED by
Councilmember Young
that Resolution No.
Councilmember Ciraulo, seconded by
and CARRIED on roll call vote as follows
5586 be and it is hereby ADOPTED.
I
AYES:
NOES:
ABSENT:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
The City Council requested staff to prepare a text amendment
which would lower the height of fences and walls located in
front yards, and to require that such fences and walls be of
openwork construction. The current regulations permit fences
and walls to be of solid construction and a maximum of four
feet in height. The proposed text amendment is set forth in
staff report dated May 21, 1991. In reply to a question from
Mayor Gilb, staff replied that homeowners could apply for a
modification from the text amendment for specific cases.
Councilmember Harbicht said what he had had in mind was that
open work fences or walls could continue to be four feet high,
but solid walls in front yards be limited to a height of three
feet. It seems to him that a solid wall which is four feet
high has a different look and feel to it than a four feet high
openwork fence. Councilmember Fasching felt that a four foot
fence is more practical; he is not in favor of restricting a
solid wall of a four foot height in front of houses. Staff
noted that a three foot fence is not containment for children
or pets and a four foot fence would not make that much
difference. Other Councilmembers were not in favor of
restricting solid walls to three feet in height.
It was the consensus of Councilmembers Ciraulo, Fasching, Gilb
and Young that the text amendment regarding the height of
fences and walls located in front yards remain as it is now
written. Councilmember Harbicht did not agree.
CITY ATTORNEY
The City Attorney announced that, "the City Council and
Arcadia Redevelopment Agency will go into a CLOSED SESSION at
the conclusion of this meeting, pursuant to Government Code,
Section 54957.6(b) to discuss with the City's designated
representatives, the subjects within the scope of
representation regarding represented employees".
I
The City Attorney presented and read the title of Ordinance
No. 1936: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA
APPROVING TEXT AMENDMENT 91-004 ESTABLISHING A NEW SECOND ONE-
FAMILY ZONING DESIGNATION OF R-l 15,000".
It was MOVED by Councilmember Young, seconded by Councilmember
Ciraulo and CARRIED on roll call vote as follows that
Ordinance No. 1936 be and it is hereby ADOPTED.
5/21/91
12
9b.
ORDINANCE
NO. 1937
(INTRODUCED)
0'1;,-;,-1 ()
17G. /'<)f>
I "
,.'
9c.
ORDINANCE
NO. 1938
(INTRODUCED)
()5'~o - 0 S'
6LJ)&' c..~) l) ,', ~;
9d.
RESOLUTION
NO. 5585
(ADOPTED)
07.30 -70
LIB {;xf/lN5Ic/,1
I
33:0143
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. 1937: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING CHAPTER 8
TO ARTICLE 5 OF THE ARCADIA MUNICIPAL CODE ESTABLISHING A
MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE".
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Young and CARRIED on roll call vote as follows
that Ordinance No. 1937 be and it is hereby INTRODUCED.
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. 1938: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING CERTAIN
REGULATIONS SET FORTH IN CHAPTER 3, PART 2 OF ARTICLE VIII OF
THE ARCADIA MUNICIPAL CODE ADOPTING THE NATIONAL ELECTRICAL
CODE, 1990 EDITION WITH CHANGES, ADDITIONS AND DELETIONS
THERETO, AND AMENDING, ADDING AND DELETING CERTAIN BUILDING
REGULATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL
CODE".
It was MOVED by Councllmember Ciraulo, seconded by
Councilmember Young and CARRIED on roll call vote as follows
that Ordinance No. 1938 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 Resolution
No. 5585: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CERTIFYING THE ARCADIA PUBLIC LIBRARY
BUILDING PROJECT BUDGET, LOCAL FUNDING COMMITMENT,
SUPPLEMENTAL FUNDS, THE APPLICATION AND COMMITMENT TO OPERATE
LIBRARY PER SECTION 20416 OF THE LIBRARY BOND ACT
REGULATIONS" .
In response to a question from Councilmember Fasching, the
City Attorney replied that the regulations of the Library Bond
Act provide for options as to the City's commitment to the
Library project. Councilmember Fasching's concern is where
the money will come from and if the City is willing to commit
to the money. He would like to know if Council is against a
stalemate with regard to any remodeling or enlargement of the
present Library or is the cost absolutely prohibitive.
Kent Ross, City Librarian was present to reply that any
alternatives to the building project proposal would need
study. Each proposed alternative would need a study to see
what is involved. However, in general discussions with City
staff and consultants the needs were laid out with regard to
City Building Codes, etc. A Library consultant went over
those needs and specified them in a formalized fashion. At
that point, the architect looked at the best ways to address
them, whether adding on, up or to the sides, or a new
building. After their study of the existing building, the
5/21/91
13
ge.
CLAIM OF
A. FERNE
(DENIED)
10 tfo-4-~
FE- R. j'J c..
'10.
11.
CIRAULO
(Welcome to the
City of Arcadia
Pamphlet)
iVsf
(Don Shawver -
Arcadia Fire-
fighter/Year)
N5f
33:0144
most feasible opportunity was to build a new building, given
the size of the site. They did consider the alternatives, but
ran into the problems of remodeling and determined that it
would not be cost effective. In reply to a question from
Mayor Gilb, Mr. Ross said they can't just move walls out or
departments to a different area because they have to consider
the relationships of departments to each other. All the
Library's needs were stated in the original study.
Councilmember Ciraulo said in his opinion if the City is to
spend seven millions dollars for an add-on or a remodel, then
it is far better to continue to pursue the application for
funds from the State. Councilmember Fasching feels the
Library does need more room and a face-lift in the interior.
Also, that trying to remodel the present Library will be a I
nightmare and a very costly project. He is in favor of
continuing the process of application for funds.
Councilmember Harbicht stated Council should not make
application for these funds unless a majority of Council is
willing to go ahead if the application is approved. He feels
the present Library is inadequate and that Council should go
ahead with the application. Councilmember Young said the
original premise was that Arcadia probably would not get the
funds from the State Library Board. She does not feel there
is any reason the Library cannot be remodeled; there are many
ways to remodel it. She agrees with Councilmember Harbicht
that Arcadia needs a first-class Library, but she does not
agree a new Library is necessarily the answer. The Library
we have has the possibilities of being remodeled. For several
million dollars quite a bit of work could be done.
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Fasching and CARRIED on roll call vote as
follows that Resolution No. 5585 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Ciraulo, Fasching and Harbicht
Councilmembers Young and Gilb
None
On recommendation of the City Attorney, the claim of A. Ferne
was DENIED on MOTION by Councilmember Harbicht, seconded by
Councilmember Young and CARRIED on roll call vote as follows:
AYES:
Councilmembers
Gilb
None
None
Ciraulo, Fasching, Harbicht, Young and
NOES:
ABSENT:
MATTERS FROM STAFF
None
I
MATTERS FROM ELECTED OFFICIALS
Congratulated the responsible City staff who put together the
WELCOME TO THE CITY OF ARCADIA pamphlet. It is very well done
and will benefit all of the citizens.
Congratulated Engineer Don Shawver who was elected Arcadia's
Fire Fighter of the Year. He understands a Resolution is to
be brought to Council.
5/21/91
14
I
I
CIRAULO (cont'd)
(City Manager Ltr
to Water Dist.)
HARBICHT
(First Ave. &
Htg. Dr.
Intersection)
YOUNG
(First Ave. &
Htg. Dr.
Intersection)
CIRAULO
(First Ave. &
Htg. Dr.
Intersection)
GILB
(Sr.Citizens
Picnic)
GILB
(In Memory of
Mark
Nottingham)
{'Y)EfIlOR.yoF
12.
ADJOURNMENT
(7:00 p.m..
June 4, 1991)
ATTEST:
Alford,
33:0145
Congratulated the City Manager for the excellent letter he
wrote in opposition to the Water District's action.
It has been four or five months now since the First Avenue and
Huntington Drive intersection was modified. He feels a
dangerous situation has been created. He has seen cars
suddenly jerking over into the right lane going south on First
Avenue as they realize they have run out of lane on that
street. The Public Works Director replied it is a shorter
transition than normal because of the physical situation
there. The Department will look at it and see if it can be
corrected. Councilmember Harbicht just would like to hear if
they determine it to be a problem.
She has had two calls from residents regarding that short lane
change and asking why the yellow sign is not placed further
from the intersection. Councilmember Harbicht replied the
problem is probably that the :signal at Wheeler is so close
that drivers come through it and suddenly are out of lane.
He has had positive comments on the modification of that
intersection, but also thinks that drivers don't have enough
time to make the transition. Possibly with the study to be
done regarding possibly moving the signal at Wheeler this
could be corrected.
The Senior Citizens' picnic last Saturday was a great success.
He congratulated Councilmember Fasching for the work he did
on it. Everybody had a great time.
"I would like to close the meeting tonight in memory of Mark
Nottingham. Mr. Nottingham served on the Arcadia City Council
from 1950 to 1954. He was a member of the Masons and the
Kiwanis Club. He passed away May 9. As a matter of fact, the
memorial services this evening are to be held at the ,Masonic
Temple in Temple City. He is survived by his wife Dorothy;
two children; and four grandchildren. I would like to close
the meeting in memory of Mark C. Nottingham."
At 9:20 p. m., the City Council ADJOURNED to a CLOSED SESSION,
RECONVENED and ADJOURNED at 10:30 p.m., to 7:00 p.m., Tuesday,
June 4, 1991 in 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.
~
Charles E. Gilb, Mayor
~
~
Clerk
5/21/91
15