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HomeMy WebLinkAboutJUNE 4,1991_2 1 1 33:0148 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 2l,1991) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION Of/O - <fO PFC DAN JELlTO A/SP ENGINEER DON SHAWVER fIJ::5P M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEV~LOPMENT AGENCY REGULAR MEETING JUNE 4, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:38 p. m., Tuesday June 4, 1991 in the Arcadia City Hall Council Chamber. Rev. Ted Chang, Mandarin Baptist Church Councilmember Joseph C. Ciraulo PRESENT: Councilmembers Ciraulo, Fasching, Harbicht. Young and Gilb ABSENT: None On MOTION by Councilmember Young, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Meeting of May 2l, 1991 were APPROVED, It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. CITY ATTORNEY The City Attorney announced that, "the City Council met in a CLOSED SESSION this evening to discuss labor negotiations pursuant to Government Code 54957.6(b). Further, at the conclusion of this evening's meeting, Council will again ADJOURN to a CLOSED SESSION under authority of the same statute to discuss with the City's designated representatives subj ects within the scope of representation with regard to represented employees. PRESENTATIONS Mayor Gilb welcomed PFC Dan Jelito who recently returned from the Persian Gulf. PFC Jelito described some incidents of his tour of duty in the Gulf. On behalf of the City Council of the City of Arcadia, Mayor Gilb presented PFC Jelito with a Certificate of Commendation in recognition and appreciation of outstanding service to the community. Mayor Gilb introduced Engineer Don Shawver of the Arcadia' Fire Department who has been named Firefighter of the Year. Mayor Gilb together with Fire Chief Gerald Gardner described some of Engineer Shawver's accomplishments, On behalf of the I 6/4/91 ARCADIA BICENTENNIAL COMPETITION TEAM 0/<;;0- 30 (-Ire Sc"rwls" SISTER CITY COMMISSION 01:;0_ ~O 1. PUBLIC HEARING ZONE CHG. Z-91-001 (From R-I 7.500 to R-I 15,000 - Var.Locations) (APPROVED) {)<;'"80. -70 2q, _ 001 33:0149 City Council of the City of Arcadia, Mayor Gilb presented to Engineer Don Shawver, Firefighter of the Year, a Certificate of Achievement in recognition of outstanding service to the Fire Department and the City of Arcadia. Mayor Gilb introduced the Arcadia School District students who represented Arcadia at the National Bicentennial Competiton and their Teacher, Mr. Ron Morris. The Team had recently returned from a trip to Washington, D. C. where they engaged in the finals of the National Bicentennial Competition and placed seventh among all the schools from the forty-four states which were repre?ented. Mr. Morris thanked the Council and the community for their support. On behalf of the City Council, Mayor Gilb presented to each student and Mr. Morris a Certificate of Commendation in recognition and appreciation of outstanding performance. He congratulated them on a job well done. 1 John Tarazi, Chairman, Sister City Commission stated the City has received two presentations from Arcadia's S is ter Ci ty , Newcastle, Australia. First, from St~tion 2KO to commemorate the first live Sister City broadcast between Newcastle, New South Wales, Australia and Arcadia, California, USA, October 2 -4, 1990 signed by the Lord Mayor of Newcastle. Second, a plate which represents Arcadia's Sister City, Newcastle, presented to Arcadia from Newcastle and brought back by the delegation that went to Newcastle with the Arcadia High School Apache Band. Mayor Gilb accepted the presentations on behalf of the Council. Mr. Tarazi then introduced Sister City Commissioners present: Beverly Street, Marie Schmitt, Peter Daily and Jerree Lean. The Planning Commission at its May 14, 1991 meeting voted 5 to 0 to recommend approval of Zone Change Z-91-001 rezoning the properties in the four areas identified in the Planning Commission staff report from R-I (Second one-family with a minimum lot size of 7,500 square feet) to R-I 15,OOO (Second one-family with a minimum lot size of 15,000 square feet). The rezoning of these properties is based upon the average lot size of properties within each area. The larger minimum lot size requirements would apply to all properties, but would not affect existing lots. However, any new lots proposed within these areas would have to meet the minimum lot area requirement of 15, 000 sq. ft. The existing development standards such as building height, setbacks, lot coverage, etc. will not be affected by any of the proposed changes. If approved, the zone change would prohibit future lot splits of the corner lots and future development of cul-de-sacs which are inconsistent with the new zoning designation of R-I 15,000 sq. ft. 1 Mayor Gilb declared the hearing OPEN. Kenneth Schmidt, 534 W. Workman Avenue, stated, in part, that he is present to say that he is in favor of the efforts of the Planning Commission and the Council to preserve the large lots. He loves Arcadia the way it is -- the trees and the spaciousness and does not want to see the area carved up into smaller lots. Smaller lots would result in increased traffic, smog and congestion and increased City services. He urges passage of this zone change. \ No one else desiring to be heard, the hearing MOTION by Councilmember Young, seconded by Harbicht and CARRIED. was CLOSED on Councilmember 2 6/4/91 1 1 2. PUBLIC HEARING PUBLIC WORKS PERMIT FEES, DEPOSITS, LIABILITY INS., SURETY BONDS & DEPOSITS OJ '!)o. )i I? PtJ FC'C,S ORDINANCE NO. 1940 (INTRODU.CED) 0.3 e;;o - 'if 0 3. PUBLIC HEARING VACATION PORTIONS - SECOND AV. N.of HTG.DR. & S.of SANTA CLARA ST. (Parcels I & 2) (APPROVED) 05S-r.'a'O fJncl Rte, 33:0150 It was then MOVED by Councilmember Young, seconded by Councilmember Fasching and CARRIED on roll call vote as follows to APPROVE and FILE the Negative Declaration and find that the zone change will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The Public Works Department has reviewed Arcadia Municipal Code sections pertaining to various Public Works permit fees, deposits, amounts of liability, insurance and surety bonds. The charges have not been increased since 1978 and some not since 1967, These charges should be reviewed and revised annually in order to defray the City of Arcadia's expenditures and costs incurred in the permitting and inspection process. The proposed Ordinance No. 1940 deletes, amends and adds various sections of Chapter VII of the Public Works Regulations of Arcadia Municipal Code to provide for future fees, deposits, the amounts of liability insurance and surety bonds to be adopted by Resolution. The amount shown on 'the tables attached to staff report dated June 4, 1991 may have to be adjusted slightly after the Council's adoption of the Cit:y 's operating budget for FY 1991-92. Therefore the proposed resolution will be submitted to Council on July 2, 1991. In reply to a question from Councilmember Harbicht, staff responded that the fees have not been increased in fourteen years and agreed with his suggestion that they be reviewed annually, Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Harbicht, seconded by Councilmember Young and CARRIED. It was then MOVED by Councilmember Ciraulo, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows to APPROVE and INTRODUCE Ordinance No. 1940. The City Attorney presented for introduction and read the ti tIe of Ordinance No. 1940: .. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING, DELETING, AND ADDING VARIOUS SECTIONS TO ARTICLE VII OF THE ARCADIA MUNICIPAL CODE (PUBLIC WORKS) PERTAINING TO VARIOUS FEES, DEPOSITS, LIABILITY INSURANCE AND SURETY BONDS". AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Council on May 7, 1991, adopted Resolution No. 5583 declaring the City's intention to vacate and abandon Parcels One and Two, portions of Second Avenue north of Huntington Drive and south of Santa Clara Street. Reservations of easements have been requested by the following agencies and provided for in Resolution No. 5590: 1) City of Arcadia (Department of Public Works); 2) Southern California Edison Company; and 3) CableVision. Mayor Gilb declared the hearing OPEN. 3 6/4/91 RESOLUTION NO. 5590 (ADOPTED) o r;-<;c;- - 'i 0 4. 4a. REMOTE ACCESS TO LIBRARY ON-LINE PUBLIC CATALOG (City & Arcadia Unified School District Agreement) (APPROVED) /OIO-R.<.~ Lib Pub Ct,.fn!1J 4b. FRIENDS OF LIBRARY DONATION (ACCEPTED) 0350- 60 5. 33:0151 No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED. It was MOVED by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows to APPROVE and FILE the Negative Declaration and find that the proposed vacation of portions of'Second Avenue will not have a significant effect on the environment; and that Resolution No. 5590 be and it is hereby ADOPTED. The City Attorney presented and read the title of Resolution No. 5590: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF PARCELS ONE (1) AND TWO (2), PORTIONS OF SECOND AVENUE NORTH OF HUNTINGTON DRIVE AND SOUTH OF SANTA CLARA STREET". 1 AYES: NOES: ABSENT: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and BOARDS AND COMMISSIONS Last year the Arcadia Unified School District contacted the Arcadia Public Library regarding remote access to the Library's on-line public catalog. An agreement has been worked out and approved by the Library Board which would allow individual schools access to the public catalog from their school sites through the use of a personal computer and modem. Students who are unable to come to the Library could request materials which could then be delivered to the school site. Kent Ross, City Librarian replied, in answer to a question from Councilmember Young that there is a base cost of about $50-60/month for the telephone lines. It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that the Agreement between the City of Arcadia and the Arcadia Unified School District to allow the District remote access :2>' the _:-; Library's on-line public catalog be APPROVED and that the \:'l~~ assume the payment of the monthly line charges. jItiJ It.. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: It was MOVED by Councilmember Ciraulo, seconded by Councilmember Harbicht and CARRIED that the donation from the Friends of the Library in the amount of $15,OOO be gratefully ACCEPTED and that a letter of thanks from the Mayor be sent to the Friends of the Library. 1 AUDIENCE PARTICIPATION Peter Jelito, 1741 Claridge St., stated, in part, that the City Council resolution to thank those veterans returned from the Gulf and the welcome home banners were laudable. Many from this area have not returned home as yet. He feels the welcome home banners and yellow ribbons should be replaced. Not all returned veterans could attend the May II celebration. Arcadia should show its continued support and appreciation. He feels Council should make those banners available to families who had members in the Gulf war. Councilmember 4 6/4/91 1 1 6. 6a. ROLL CALL 6b. PUBLIC HEARING CONVEYANCE OF PARCEL D ENCROACHMENT TO CHANDLER INVESTMENT PROP., L. P . (Northside Project) (APPROVED) OG8"o_ PS Ch.,~;ldkr Inves+ RESOLUTION NO. 5591 (ADOPTED) 06~O -p~ 33:0152 Harbicht noted it had been Council's intention to have Councilmembers sign each of the banners and present them to Arcadians who served in the Gulf. Hopefully two of the banners can be presented to Arcadia's two police officers who have not yet returned. Councilmember Harbicht is not in favor of putting the banners up again. It is not possible to have the banners up for every single returning veteran. They were up for an appropriate length of time though the Memorial Day weekend. Mayor Gilb and Councilmember Young agreed. Bill Connolly, 815 E. Camino Real Ave., stated, in part. that he was present to complain about the practices of the Newco Company in picking up trash. He noted that several of his neighbors had put trash out for pickup and it had been left behind by the pickup trucks. Councilmember Harbicht explained the policies of Newco in that such trash has to be placed in separate, designated containers and perhaps these people were not aware of that. He suggested these problems be discussed with the Assistant to the City Manager. Mike Fere:uson, 2028 Highland Oaks Drive, President of the Highlands Home Owners Association. Mayor Gilb noted that prior to this meeting, Mr. Ferguson's handouts requesting implementation of an entrance fee for use of Wilderness Park by non-residents of the City, had been presented to the Recreation Commission which oversees the Arcadia parks. He suggested Mr. Ferguson's group appear at the Recreation Commission meeting June 12, 1991 at 7:00 p. m: in the Council Chamber. Mr. Ferguson presented the handouts to the Council. JOINT MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY PRESENT: Council/Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT None In August, 1988 the Redevelopment Agency sold the Kiewit West Parcel (Northside Project Parcel D) to Emkay Development Company. At that time, the land survey indicated that the block wall located on the south property line of the City's St. Joseph Street Reservoir encroached slightly into the property being conveyed. At the request of Emkay Development Company, a legal description detailing this encroachment was written. Subsequently, Emkay sold the property to Chandler Investment Properties, L. P. as assignee of record for the development. Unfortunately, Emkay did not except from the legal description the encroachment nor did their title company notice the error. Therefore, Chandler has proceeded with the project using the wrong legal description. The error in the legal description was only discovered recently as part of a property refinancing by Chandler, Due to the differences in the legal descriptions and the fact that the recorded parcel map indicates that all of the land was subject to the sale, Chandler has now requested that the Agency deed the balance of the property (the exception) to them. The Public Works Department has no objection as long.as the City has a recorded unrestricted right- of entry to cross Chandler's property to maintain or replace the block wall around the St. Joseph Street Reservoir (a prescriptive easement). Chandler has agreed to execute and record such a covenant. Further Chandler has agreed to pay the Agency a $1,000 processing fee. The Assistant City Manager for Economic Development presented and read the title of Resolution No. 5591: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE 5 6/4/91 RESOLUTION NO. ARA-165 Db rr [) _ P;, 7. 8. Sa. MINUTE APPROVAL (May 21,1991) (APPROVED) 8b. FY 1991-92 AGENCY OBLIGATIONS/ PROGRAMS (Lo/Mod Income Hs'ng Fund - 20% of Tax Increment) ()GIO -<r:1 - 17A Lo/No d 1M I-/S 1; RESOLUTION NO. ARA-166 (ADOPTED) ()6kJ - 50 -/7/1 33:0153 CONVEYANCE OF THE PARCEL D ENCROACHMENT TO CHANDLER INVESTMENT PROPERTIES, L, P. (NORTHSIDE PROJECT)". The Assistant City Manager for Economic Development presented and read the title of Resolution No, ARA-165: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY APPROVING THE CONVEYANCE OF THE PARCEL D ENCROACHMENT TO CHANDLER INVESTMENT PROPERTIES, L. P. (NORTHSIDE PROJECT)". Mayor/Chairman Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Council/Agency Member Harbicht, seconded by Council/Agency Member Fasching and CARRIED. It was then MOVED by Council/Agency Member Harbicht, seconded by Council/Agency Member Fasching and CARRIED on roll call vote as follows that Resolution No. 5591 and Resolution No. ARA-165 be and they are hereby ADOPTED. 1 AYES: Council/Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY On MOTION by Member Harbicht, seconded by Member Ciraulo and CARRIED, the Minutes of the meeting of May 21, 1991 were APPROVED. California State Assembly Bill AB265 requires that Redevelopment Agencies set aside 20% of their annual tax increment into a Housing Fund for low and moderate income housing (20% is estimated to be $352,000 in FY 1991-92). AB265 permits the Agency to make findings that it is not able to set aside all or part of the 20% into the Low/Moderate Income Housing Fund if existing Redevelopment Agency obligations, projects, programs or activities in any fiscal year prior to FY 1996-97 do not permit such. Fd A brief discussion ensued with staff reminding the Agency that State law requires the Agency to set aside 20% of its annual tax increment into the Housing Fund, and every year a deficit is accruing. This will end in 1996-97 when the Agency will no longer be able to defer these funds and will have to set aside the 20% and, in addition, make an effort to repay the deficit. In response to a question from Member Harbicht, staff stated that the present obligation is approximately $l, 600,000; by 1996 it is estimated to the approximately $3,500,000. 1 The Assistant City Manager for Economic Development presented and read the title of Resolution No. ARA-166; "A RESOLUTION OF THE ARCADIA k~vEVELOPMENT AGENCY DECLARING THAT THE AGENCY IS UNABLE TO SET. ASIDE 20% OR LESS OF ITS 1991-92 TAX INCREMENT FOR LOW/MODERATE INCOME HOUSING DUE TO EXISTING AGENCY OBLIGATIONS, PROGRAMS, PROJECTS AND ACTIVITIES". It was then MOVED by Member Ciraulo, seconded by Member Harbicht and CARRIED on roll call vote as follows that Resolution No. ARA-166 be and it is hereby ADOPTED. AYES: Members Ciraulo, Fasching, Harbicht, Young and Gilb 6 6/4/91 1 1 8c. ADJOURNMENT 9. 10. lOa. PUBLIC HEARING SCHEDULED (June 18,1991) O~&O - "0 lOb. PUBLIC HEARING SCHEDULED (June 18,1991) O~)'l{O- '/0 lOco PUBLIC HEARING SCHEDULED (June 18,1991) o S'~C7 .. to 10d. AWARD CONTRACT (Trf.Signal Mod. Las Tunas Dr. & Live Oak Av. Job No. 627) Oq60~6"O -hI:. 6,}? 10e. EQUIP. PURCHASE (Chevrolet - Police Dept.) 0.:3 "to - .t f) "') ~ '\ ,. '" ~,' 10f. GEN.SERV. AGREEMENT - (City & L. A. County) 1010- .,:)0 CUI ,set,;.. r;", 33:0154 NOES: None ABSENT: None The meeting ADJOURNED to 7:00 p,m., June 18, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED for June 18, 1991 for consideration of Zone Change Z-91-002, from C-2 H (General Commercial with a high rise overlay) and C-2 D H (General Commercial with a design and high rise overlay) to C-2 H4, C-2 DH4 and C-2 DH8 on certain properties in downtown Arcadia. PUBLIC HEARING SCHEDULED for June 18, 1991 for consideration of Zone Change Z-91-003, removing the "H" high rise overlay on certain properties in east Arcadia which are currently zoned C-2 D H, R-3 D H, R-3 H, C-2 H, and PR-3 H. PUBLIC HEARING SCHEDULED for June 18, 1991, consideration of a variance from Section 8621 of the Arcadia Municipal Code to allow Arcadia Christian School to move portable buildings from outside the City to the school site at 1900 S. Santa Anita Avenue (Willis E. Fagan A.I.A., applicant, for Arcadia Christian School). AWARDED contract in the amount of $399,800 for traffic signal modification - Las Tunas Drive and Live Oak Avenue - Job No. 627 to Steiny and Company, Inc. APPROVED appropriation of $20,000 from State Gas Tax funds to cover the City's share; $480,000 from available FAU funds; that all informalities in the bid and bidding process be waived; and that, following receipt' of Ca1trans' concurrence, the Mayor and City Clerk be AUTHORIZED to execute a contract in a form approved by the City Attorney. The Mayor to be AUTHORIZED to execute' the Service Agreement with the State of California to provide for testing of manufactured materials. APPROVED purchase of Chevrolet Suburban automobile in the amount of $23,255.69 for the Police Department. The funds for the purchase were budgeted in the Berger Foundation fund in the amount of $24,000. APPROVED the renewal of the General Service Agreement between the City and the County of Los Angeles and DIRECTED the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney. The agreement will expire June 30, 1996. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER HARBICHT, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and 7 6/4/91 11. lla. BILLIARD CLUB COMPATIBLE USE CPD-I ZONE (APPROVED) O'::.-~t)- ~() (, /1/_\ _I 20 11b. FY 1991-92 PRELIM. BUDGET ADD'L RED'NS (CONTINUED to June 18,1991) 0..3 ,~, t) _',' () /./,1/ 'I" , ,/ ~,^ 33:0155 CITY MANAGER Mr. Jerry Jamgotchian is proposing a billiard club at 300 E. Huntington Drive. Mr. Jamgotchian is requesting a determination from the City Council pursuant to Section 9260.1.12(14) that a billiard club is a compatible use in the CPD-I (Commercial Planned Development) zone with an approved conditional use permit. Since the adoption of the CPD-I zone in 1981, additional uses have been deemed compatible by the City Council other than those businesses for which the zone was primarily designed. At present, billiard clubs or similar establishments are allowed only in the C-2 zone with an approved conditional use permit. If the proposed use is deemed by the Council to be compatible, it would not be limited to this particular address; it would apply to all similarly zoned CPD-I properties. 1 Councilmember Harbicht did not see the billiard club as being inconsistent with other uses in the area and MOVED that Council APPROVE billiard clubs as a compatible use in the CPD- I Zone with an approved conditional use permit, This was seconded by Mayor Gilb. After reviewing the floor plans and noting these includ'e a video arcade in addition to the 22 billiard tables and a full service bar in the center with cocktail tables, Councilmember Fasching did not think this club belongs in that zoning. He does not think this is in the best interests of the City, Councilmember Young also had reservations and was not sure this is what the City wants in that area. Mayor Gilb pointed out that this is a very sophisticated and expensive operation. It will provide recreation for guests at the nearby hotels and will fit well in that area. Councilmember Fasching commented that although the billiard club may serve the hotel guests, it will not serve the community. Jerrv Jam~otchian, President, Equity West Development, 1445 Manhattan Avenue, Hermosa Beach, stated, in part, that this will be an upscale, highly rated billiard club for persons twenty- one years and older. The booklet which has been submitted outlines almost every element of the operational pattern of the facility. This is the third one he has developed; the first project was developed in the Montclair Plaza and has been very successful, and was relocated across the street because the original location was too small. This project will be a substantial investment. It will be for patrons and players only; there will not be a large public area; the drinking is a service attendant to the billiards; it is not to be a public bar. Beer will not be sold by the pitcher. Mothers Against Drunk Driving will have a designated driver program there. There will be security both inside and outside. The conditional use permit will be the biggest protection element for the City. 1 Roll call was then Councilmember Harbicht, item. taken on the previous MOTION by seconded by Mayor Gilb to APPROVE this AYES: NOES: ABSENT: Councilmembers "Councilmembers None Ciraulo, Harbicht and Gilb Fasching and Young Consideration of additional reductions in the FY:,1991-92 preliminary budget CONTINUED TO JUNE 18, 1991. 8 6/4/91 1 1 12. 12a. ORDINANCE NO. 1937 (ADOPTED) o I.f :5 (;) . S'f:j n ,. /7; Ihd);).. 12b. ORDINANCE NO. 1938 (ADOPTED) o ~,;;{) . OS" E /ce. rd 12c. ORDINANCE NO. 1939 (INTRODUCED) O:l>>.;.e(J. ~(1 s/,ro'l lJti'i11' 12d. RESOLUTION NO. 5587 (ADOPTED) (;)lj'(iC) y 5 1:' J~ "-\ G Y. 'i , 33:0156 CITY ATTORNEY The City Attorney presented 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 Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No, 1937 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None The City Attorney presented 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 Councilmember Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follo~s that Ordinance No. 1938 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. 1939: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A CHAPTER 9.4 (4940 ET SEQ.) TO THE ARCADIA MUNICIPAL CODE RELATING TO STORAGE AND SALE REQUIREMENTS OF AEROSOL SPRAY PAINT AND DYE CONTAINERS BY ANY BUSINESS OR ESTABLISHMENT OFFERING SAID CONTAINERS FOR SALE TO THE PUBLIC". It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1939 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. 5587: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING SUPPLEMENT NO. 012 TO AGREEMENT NO. 07-5131 TO ENCUMBER FEDERAL AID URBAN FUNDS FOR THE MODIFICATION OF TRAFfIC SIGNAL SYSTEMS ON LAS TUNAS DRIVE AND LIVE OAK AVENUE, JOB NO. 627, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH RESOLUTION". It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5587 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None 9 6/4/91 12e. RESOLUTION NO. 5588 (ADOPTED) () (, .\. ; I Q ;) 'S' Me ClI.,()/'1 12f. RESOLUTION NO. 5589 (ADOPTED) 03<:0. /.JO 12g. CLAIM OF M. SAUCEDA (DENIED) IO'fO-'fU 13. CITY MANAGER CLOSED SESSION CITY ATTORNEY (City of Moorpark vs. Moorpark Unified School District - Arcadia as Friend of the Court) (APPROVED) fOCI,. - tJ.sP ~ 33:0157 The City Attorney presented and read the title of Resolution No. 5588: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF APPLICATION NO. MC 91-017, THEREBY APPROVING A TWO-STORY ADDITION WITH SECOND FLOOR SIDE SETBACK MODIFICATIONS AT 2050 VISTA AVENUE, WITH FINDINGS (HIGHLAND OAKS HOMEOWNER'S ASSOCIATION - HOA AND ARCHITECTURAL REVIEW BOARD - ARB)". It was MOVED by Councilmember Ciraulo, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5588 be and it is hereby ADOPTED. 1 AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5589: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING CITY WATER RATES AND FINDING 'THE RATES WILL NOT EXCEED THE ESTIMATED AMOUNT NECESSARY TO FUND OPERATION OF THE CITY WATER SYSTEM". It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5589 be and it is hereby ADOPTED. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: On recommendation of the City Attorney the claim of M. Sauceda was DENIED on MOTION by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: MATTERS FROM STAFF The City Manager requested a CLOSED SESSION following this meeting. 1 The City Attorney explained the request for a Friend of the Court Brief in favor of the City of Moorpark with regard to the City of Moorpark vs. Moorpark Unified School District action. Pursuant to Government Code Section 54954.2 this matter may be acted upon this evening even though it is not on the agenda. The need to take action arose after the agenda was prepared. Arcadia will be adding its name to the Friend of the Court Brief at no cost to the City. The issue is the application of a particular statute which allows cities to purchase surplus school recreational property at below market rates. This statue has been in effect for some time. The City of Moorpark entered into an agreement with the School District and the School District is now, basically, trying to refuse to honor the agreement, The City prevailed in the Court of 10 6/4/91 I I 14. FASCHING (Banners at Baldwin & Htg. Dr.) (Property Maintenance Problem - Weeds) (Dog Droppings - Park) (Razor Wire - Ordinance) 15. ADJOURNMENT (7:00 p.m.. June 18.1991) ATTEST: 33:0158 Appeal, however the Supreme Court of California has indicated an interest in reviewing this case. It was then MOVED by Councilmember Fasching, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE Arcadia's participation in the Friend of the Court Brief in favor of the City of Moorpark re the City of Moorpark vs. Moorpark Unified School District. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT MATTERS FROM ELECTED OFFICIALS He was under the impression that the banner pole regulations provided for such displays by non-profit organizations within the City. He notices there have been banners advertising events in Pasadena. Mayor Gilb noted that a lot of Arcadia people are involved with the Pasadena organizations. The City Manager commented that no political banners are permitted, However, current policy will allow banners advertising community activities in other areas that would draw from this area as long as there is no conflict with a local group' that would want it at the same time. Councilmember Fasching called attention to a vacant lot adjacent to 731 Fairview Avenue which is overgrown with weeds. Further, a maintenance of commercial vacant lots ordinance had been discussed earlier and staff did not return a recommendation to Council. In reference to the overgrown lot on Fairview, Councilmember Harbicht noted there is a property maintenance ordinance for this situation and staff should check this lot immediately. He noticed the mini-park at Fairview and Golden West is covered with dog droppings. Perhaps there should be some ordinance directing dog owners to clean up after their pets. Mayor Gilb requested a staff report on this matter. Inquired about the report and recommendations concerning the use of razor wire. Staff reported this is looked at in the design review process and is not approved. It was the consensus of Council that a draft ordinance be reviewed by Council prior to referral to the Planning Commission. At 8:50 p. m., the City Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 9:05 p. m. to 7:00 p. m., Tuesday, June 18, 1991 in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation and evaluation of properties. ~~ Charles E. Gilb, Mayor ,~~ ~i.~ 11 6/4/91