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HomeMy WebLinkAboutMAY 21,1991_2 "I 1 33:0131 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 5/21/91 1 0/ a 0-1 0 /991 fJW/lR.b5 33:0132 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 5/21/91 2 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 3 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 4 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 5 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 6 I I 33:0137 "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