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HomeMy WebLinkAboutSEPTEMBER 3,1991_2 I I OIlO-~O OCf03<=r/ 33:0245 CITY COUNCIL PROCEEDINGS ARE TAPE' RECORDED AND ON FILE IN THE OFFICE THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CAll MINUTE APPROVAL (Aug.20,199l) (APPROVED) ORD. <. RES. READ BY TITLE ONLY CLOSED SESSION 1. la. ESTABLISHED & REVISED CLASSIFICATIONS (Econ.Dev. Assoc.; Econ. Dev. Ass't; Recreation Coordinator; Purch. Officer; Sr.Acct. Clerk) (APPROVED) Cn"u) -,I) M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 3, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:45 p. m., Tuesday, September 3, 1991 in the Arcadia City Hall Council Chamber. Rev. Dr. James Dallas, Church of The Good Shepherd City Clerk June D. Alford PRESENT: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None On MOTION by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED, the Minutes of the Adjourned and Regular Meetings of August 20, 1991 were APPROVED. It was MOVED by Mayor Pro tem Harbicht, 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 Manager announced that, "pursuant to Goverrunent Code, Section 54956.9(a), the City Council met in a CLOSED SESSION to discuss the current litigation of Orona vs. Arcadia". BOARDS & COMMISSIONS At its August 1991 meeting, the Personnel Board reviewed and approved establishment of the classifications of Economic Development Associate, Economic Development Assistant and Recreation Coordinator; as well as modification of the classifications of Purchasing Officer and Senior Account Clerk. It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows to APPROVE the Personnel Board's recommendation to establish the classification of Economic Development Associate (Class #6554). Economic Development Assistant (Class #6552) and Recreation Coordinator (Class #5008); and to modify the classification of Purchasing Officer (Class #0904) and Senior Account Clerk (Class #0706). 1 9/3/91 2. Q...",-go _ .,;)() cr,) - I 2(J 3. 4. 4a, ROLL CALL 4b. MINUTE APPROVAL (Aug.20,199l) (APPROVED) 4c. PROPERTY PURCH. (SW Corner First Av./St. Joseph St. - Marshall Trust) (APPROVED) 0(, 'i1 ().. ~ rI' 1'\ f'g ..> 1~ -:.J;.. 33:0246 Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None AYES: AUDIENCE PARTICIPATION Charles F. Baldini, 2666 Sunnydale Drive, Duarte, stated, in part, that he is present to address the reconsideration of billiard parlor use in the CPD-l zone which is on tonight's agenda. He has a concept for a billiards parlor across the street from the Gateway Centre. It was put on the "back burner" because of the Gateway Centre project. They think their concept is better for the image of the City of Arcadia because it is designed to provide entertainment for all age groups; it is not a club or a bar. Since they have been working on the concept for some time, they want to see if it will be accepted by the City as far as the Conditional Use Permit is concerned. Originally, this use was approved for that area. They would like Council to consider the merits of their project and let them continue. Mayor Pro tern Harbicht inquired if Mr. Baldini had been present at the previous Council meeting and had seen the reaction to the billiard parlor proposal before Council at that time. Mayor Pro tern Harbicht noted that after reading this proposal, the only difference he could see is that they propose to serve beer and wine rather than hard liquor. He wondered if the reaction would be very different in this instance. Mr. Baldini said he was aware of the rejection of the previous application, but thought his proj ect should be looked at obj ectively. The location offers some different dynamics, since it is to be located on the second floor, will have large floor to ceiling glass walls and will create no parking problem. It will not be a type of place that objectionable people will frequent. Mayor Pro tern Harbicht reiterated that the reaction of the community to the previous billiards parlor application was very strong, and he does not see that much difference between the two proposals. Mr. Baldini noted that there have been groups of people who were in favor of a biliards parlor also. I CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT, Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb None I ABSENT, On MOTION by Member Ciraulo, seconded by Member Harbicht and CARRIED, the minutes of the Meeting of August 20, 1991 were APPROVED. In February, 1991 the Agency authorized staff to obtain an appraisal and make an offer to acquire the property located at the southwest corner of First Avenue and St. Joseph Street for use as a portion of a possible light rail transit station, or for other redevelopment purposes. Agency staff and representatives from the John Frank Marshall Trust No. 1 and 2 9/3/91 I I 4d. ADJOURNMENT 5. 6. 6a. PUBLIC HEARING SCHEDULED (Sept.17,1991) o :>'aO -l() z.q/_OOfJ 6b. PUBLIC HEARING SCHEDULED (Sept.17,1991) OS-%'() - 70 z.qj _ cO() -; 6c. PUBLIC HEARING SCHEDULED (Sept.17,1991) tlS''8"O _ -to "&Cff_:<':;'S' 33:0247 the John Frank Marshall Trust No. 2 (the owner of the property) have reached agreement on the purchase of the property. The proposed purchase price is $225,000.00 ($22.91 per square foot). The "Agreement for Purchase and Sale. Escrow Instructions, and General Release Agreement" has been prepared by Agency Special Counsel and executed by Richard J. Riordan of Riordan & McKinzie, the firm that represents the Marshall Trust. Discussion ensued among Agency members, with staff supplying information with regard to the property to be purchased, as well as ownership of the surrounding parcels. Member Fasching is in favor of Agency ownership of this property in the event of eventual construction of the Light Rail system. In the meantime, he would hope that when LACTC works something out with the Santa Fe Railroad that the whole section can be cleaned up; he would hate to see it remain in its present condition for another seven or eight years. Member Harbicht agreed that this property qualifies for redevelopment purchase. It was MOVED by Member Harbicht, seconded by Member Fasching and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE the "Agreement for Purchase and Sale, Escrow Instructions, and General Release Agreement" for the property at the southwest corner of First Avenue and St. Joseph Street from the John Frank Marshall Trust No. 1 and the John Frank Marshall Trust No. 2 for $225,000.00; and AUTHORIZE the Executive Director to execute all related documents, approved as to form by Agency General Counsel. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and Gilb None None The meeting ADJOURNED to 7,00 p.m., September 17, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED for September 17, 1991 for consideration of zone change Z-91-006 to rezone specific properties located in southwest Arcadia from R-O (first one- family residential) 12,500 to R-O 15,000. PUBLIC HEARING SCHEDULED for September 17, 1991 for consideration of zone change Z-91-007 for 211 East Huntington Drive - Embassy Suites Hotel - Zone change from CPD-l DH to CPD-l DH7; 311 East Huntington Drive - Hampton Inn - Zone change from CPD-l DH to CPD-l DH5; and 420-440 East Huntington Drive - 440 Office building and the Automobile Club site - Zone change from CPD-l DH to CPD-l DH4. PUBLIC HEARING SCHEDULED for September 17, 1991 for consideration of zone change Z-91-008 for 400 South Baldwin Avenue (Santa Anita Fashion Park) rezone from C-2 DH to C-2 DH8; and 301 West Huntington Drive (medical office building) rezone from C-O H to C-O H6. 3 9/3/91 6d. FINAL MAP 49990 (7-Unit Res. Condominium - 407 E. Duarte Rd.) O<;"G,'l ~O /r <f9<1r() 6e. EQUIP. PURCH. PERSONAL COMPUTERS (Various City Departments) () J '10 .I(J 6f. EQUIP. PURCH. FURNITURE (Personnel Dept.) Cl sLIO ...s'C) Pcr .> 6g. FIREWORKS DISPLAY (Santa Anita Race Track Parking Lot) 0'7 YO,$. t() 6h. GAS SERVICE AGREEMENT (Peck Road Well) (j;,;>() <:';0 P:cJ( ((~ 7. 7a. BILLIARD CLUBS COMPATIBLE USE - CPD-l ZONE (Resolution to be Prepared) () ,!,-'ftO.- c~ (') Cf'I\ ./ 'ZO 33:0248 APPROVED Final Map 49990 for a 7-unit residential condominium project at 407 East Duarte Road, filed by Loren Phillips and Associates on behalf of Ming-Nang Chen (a general partner in the ownership and development of the site). Approval on condition that all outstanding conditions of approval, as outlined in the report from the Public Works Department dated August 27, 1990, shall be complied with to the satisfaction of the Director of Public Works. AUTHORIZED purchase of twelve personal computers from U S M Distributors in the amount of $20,876.01, including delivery, 'installation and sales tax. Funds for the purchase of the twelve computers are budgeted in the Capital Outlay Fund, Equipment Replacement Fund and Water Division Funds. The Arcadia Public Library has budgeted $11,223.00 in the Equipment Replacement Fund; the Water Division has budgeted $10,000.00 in the Water Fund; the Fire Department has budgeted $8,000.00 in the Equipment Replacement Fund; and Public Works has budgeted $10,700.00 in the Capital Outlay Fund. I AUTHORIZED purchase of furniture for the Personnel Department Office and conference room from Sam Yocum, Inc. in the amount of $16,083.79, including delivery, installation and sales tax. Funds for the purchase of the furniture are budgeted in the Capital Outlay Fund in the amount of $27,333.00. APPROVED issuance of a permit for a public fireworks display at Santa Anita Race Track, pursuant to Municipal Code, Section 3115.2.5. The Arcadia Methodist Hospital Foundation fundraising event to be held on September 21, 1991 on the roof top of the Arcadia Methodist Hospital's parking structure. The proposed fireworks display area will be the Santa Anita Race Track's parking lot. Approval is subject to the Fire Department conditions listed in staff report dated August 22, 1991. APPROVED Gas Service Agreement for the Peck Road Well and AUTHORIZED the Mayor to execute same. The Agreement has been reviewed by the Water Division and the City Attorney and has been found to be satisfactory. This is the form which has been approved by the California Public Utilities Commission. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER CIRAULO, SECONDED BY COUNCILMEMBER FASCHING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS, AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None I NOES: ABSENT: CITY MANAGER The City Council, at its meeting of June 4, 1991, determined by a 3 - 1 vote that billiard clubs could be a compatible use in the CPD-l zone with an approved conditional use permit. Subsequent to that determination, an application (CUP 91-008) was filed by Pool Pockets, Inc. for a billiard club with 25 tables and a full service bar at 320 - 326 East Huntington Drive. The Planning Commission, on July 9, 1991, denied the CUP application, and the applicant subsequently file'd an appeal to the City Council. At its meeting of August 20, 1991, the City Council denied the appeal. On the basis of the testimony presented by the opponents to the appeal, the City 4 9/3/91 I I 8. 8a. RESOLUTION NO. 5608 (ADOPTED) O':U.tJ ,,;0 /yetl 8b. RESOLUTION NO. 5616 (ADOPTED) Or.'&O-tf) CUI:> q/.O()'f 33:0249 Council directed staff to prepare a report for the reconsideration of billiard clubs as a compatible use in the CPD-l zone. It was MOVED by Councilmember Fasching, seconded by Councilmember Young, and CARRIED on roll call vote as follows to DIRECT staff to prepare an appropriate resolution for adoption at the September 17, 1991 City Council meeting, reflecting the Council's legislative determination that, pursuant to Arcadia Municipal Code Section 9260.1.12(14), a billiard club is not a compatible use in the CPD-l zone. A discussion ensued and, in response to questions from Mayor Pro tern Harbicht, staff replied that if the request for the billiard parlor had been made for a location a half a block west, the question of the Conditional Use Permit would not have had to come before Council and there are no specific limitiations on this use in the C-2 zone, i. e., west of the railroad bridge. Discussion followed concerning the bars and bowling alleys in the City which presently have pool tables as part of their operations. Staff reported that these billiard tables are not the primary use of these types of establishments, and such "public recreation centers" do not require a special Conditonal Use Permit for such use. Mayor Gilb pointed out that what Council is doing at the present time is controlling one area, namely the CPD-l zone. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: CITY ATTORNEY The City Manager presented and read the title of Resolution No. 5608, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA PROVIDING FOR FRINGE BENEFITS AND RELATED COMPENSATION FOR OFFICERS AND MANAGEMENT AND GENERAL EMPLOYEES OF THE CITY OF ARCADIA". It was MOVED by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Resolution No. 5608 be and it is hereby ADOPTED. AYES, Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES, ABSENT: The City Manager presented and read the title of Resolution No. 5616: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 91-008 FOR A BILLIARD .CLUB at 320 - 326 EAST HUNTINGTON DRIVE" . It was MOVED by Councilmember Young, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Resolution No. 5616 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: 5 9/3/91 Be. ORDINANCE NO. 1942 (ADOPTED) () l/7() . () ~ Bd. ORDINANCE NO. 1950 (ADOPTED) (010 .2.0 9. 10. HARBICHT (Street Sweeping Schedule) (Orange Grove Ave. Improvement) o s <; .;" - '70 " .,- 33:0250 The City Manager presented and read the title of Ordinance No. 1942, "AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING CHAPTER 9 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATION OF ALARM SYSTEMS". It was MOVED by Mayor Gilb, seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1942 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT, The City Manager presented and read the title of Ordinance No. 1950: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 9111.8 REQUIRING PAYMENT OF SUBDIVISION FEES FOR COUNTY ENGINEER SERVICES". I It was MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1950 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS With regard to the street sweeping, he has noticed that when a holiday falls on a Monday, the schedule of the trash pick- up trucks is moved forward one day; however the street sweeping, which normally is done one day following the trash pick-up, is on the usual schedule. As a result, the street sweepers weave in and out around the trash containers and are unable to clean the curbs ides properly. Also, debris that falls out of the trash pick-up trucks or the trash containers is not swept up until the following week. He would like to consider some alternatives. With regard to the improvement of Orange Grove Avenue, Mayor Pro tern Harbicht stated in part that the design concept the Council adopted at the last meeting is a very reasonable plan for improving Orange Grove. The whole impetus for doing this is because Council is of the opinion that there is a significant liability with Orange Grove in its current condition. He thought they had decided upon a plan which met the desires of the residents and that the residents were generallly satisfied with the plan. Based upon the meeting with Councilmember Fasching and himself with representatives from Sierra Madre, they thought that this was the plan that would be approved. However, last Tuesday the Sierra Madre Council turned down the plan on a 5-0 vote. He thinks what Council should do at this point is to offer to realign the boundry line between the cities to the south property line along Orange Grove, thereby giving the street to Sierra Madre so they may do whatever they want with it or do nothing, but they will assume all liability for that street. Councilmember Ciraulo inquired as to what could be done in the event, Sierra I 6 9/3/91 I I MOTION (Orange Grove Ave.) GILB (In Memory of Ashford M. Wood) 33:0251 Madre does not want the street. Mayor Pro tern Harbicht replied that in such an event, Arcadia should offer to take the street from them and improve it up to Arcadia's standards. If that is not satisfactory to Sierra Madre, then he thinks Arcadia should file a lawsuit, because Sierra Made is forcing Arcadia to maintain a dangerous condition. Mayor Gilb noted this situation has been ongoing for the last sixteen years, and gave a brief review of the history of the proposed improvements. Councilmember Ciraulo did not think it likely that Sierra Madre would either give up their half of Orange Grove or accept responsibility for Arcadia's half. Since this is probably not a viable consideration, perhaps Council will have to go to the last alternative. Mayor Gilb agreed with Mayor Pro tern Harbicht that, in the event an agreement cannot be reached, a lawsuit should be filed. This will put Sierra Madre on record that they will be liable for anything that happens on the street because Sierra Madre has thwarted everything Arcadia has tried to do to improve Orange Grove. Mayor Pro tern Harbicht feels that Council has shown a great deal of sensitivity to the concerns of the residents on the street in the matters of preserving the trees I ete. He reiterated that Arcadia should not be forced to assume the liability that is present because of the condition of the street. Councilmember Fasching does not feel the street should be offered to Sierra Madre without some concern for the Arcadia residents with regard to what Sierra Madre intends to do with the street. He would like to see some of these questions resolved with the City Attorney. Councilmember Ciraulo agreed. Mayor Gilb reiterated that Sierra Madre should be advised that Arcadia will take some legal action to get rid of the liability. This will put them on notice. Council agreed that the Sierra Madre Council should know what is being considered. Council agreed that a letter should be drafted to express these decisions and the concerns about the liability. Mayor Pro tern Harbicht is of the opinion that a formal offer to give the street to Sierra Madre should be made at this time. Mayor Gilb agreed. Councilmembers Ciraulo and Young agreed Council should tell them that offering them the street is under consideration, but not make a formal offer at this time. Councilmember Fasching stated he would like to have the opinon of the City Attorney on liability before formally offering them the street. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED, that a resolution be brought to Council at the September 17, 1991 meeting, and that included will be a statement to the effect that Arcadia feels that it has a significant liability; that Orange Grove is a sub-standard street; that'Sierra Madre has thwarted all of Arcadia's efforts to bring this street up to a safe condition; and, as a result, the Arcadia City Council wants to rid itself of the liability. Therefore, Arcadia offers to Sierra Madre, Arcadia's half of Orange Grove; giving Sierra Madre free rein to do whatever it wishes with the street, recognizing that Sierra Madre assumes the liability involved. "I would like to close the meeting in memory of Ashford M. Wood. Mr. Wood was born November 7, 1903 in Logan, Iowa. He passed away August 22, 1991 in Arcadia. He had been a resident of Arcadia since 1942. He was a graduate of the University 7 9/3/91 11. ADJOURNMENT (Sept.17,199l - 7:00 p.m.) ATTEST: 33:0252 of Chicago in 1925, moved to California in 1938 and formed his own electronic representative business in 1946 and continued that business until 1981 and worked actively until 1990. One of seven children, he was preceded in death by his two brothers and four sisters. He is survived by his wife of sixty-two years, Barbara; two sons, Phelps Wood of San Marino and Ashford D. Wood of Ross, California; and ten grandchildren. The memorial services were at 2: 00 p. m., Monday, August 26, 1991 at Arcadia Presbyterian Church and the internment was private. In lieu of flowers I contributions may be made to the Arcadia Presbyterian Church Deacon's Fund. Glasser-Miller-Lamb handled this. I would like to close the meeting in memory of Ashford M. Wood." At 8:30 p. m., the City Council ADJOURNED to 7:00 p. m., Tuesday, September 17, 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. ~ J 8 9/3/91 I I