HomeMy WebLinkAboutSEPTEMBER 3,1991_2
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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).
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9/3/91
2.
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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)
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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.
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CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT,
Agency Members Ciraulo, Fasching, Harbicht, Young
and Gilb
None
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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
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4d.
ADJOURNMENT
5.
6.
6a.
PUBLIC HEARING
SCHEDULED
(Sept.17,1991)
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6b.
PUBLIC HEARING
SCHEDULED
(Sept.17,1991)
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6c.
PUBLIC HEARING
SCHEDULED
(Sept.17,1991)
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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 $225,000.00; and
AUTHORIZE the Executive Director to execute all related
documents, approved as to form by Agency General Counsel.
AYES:
NOES:
ABSENT:
Members Ciraulo, Fasching, Harbicht, Young and Gilb
None
None
The meeting ADJOURNED to 7,00 p.m., September 17, 1991.
CITY COUNCIL RECONVENED
CONSENT ITEMS
PUBLIC HEARING SCHEDULED for September 17, 1991 for
consideration of zone change Z-91-006 to rezone specific
properties located in southwest Arcadia from R-O (first one-
family residential) 12,500 to R-O 15,000.
PUBLIC HEARING SCHEDULED for September 17, 1991 for
consideration of zone change Z-91-007 for 211 East Huntington
Drive - Embassy Suites Hotel - Zone change from CPD-l DH to
CPD-l DH7; 311 East Huntington Drive - Hampton Inn - Zone
change from CPD-l DH to CPD-l DH5; and 420-440 East Huntington
Drive - 440 Office building and the Automobile Club site -
Zone change from CPD-l DH to CPD-l DH4.
PUBLIC HEARING SCHEDULED for September 17, 1991 for
consideration of zone change Z-91-008 for 400 South Baldwin
Avenue (Santa Anita Fashion Park) rezone from C-2 DH to C-2
DH8; and 301 West Huntington Drive (medical office building)
rezone from C-O H to C-O H6.
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6d.
FINAL MAP 49990
(7-Unit Res.
Condominium -
407 E. Duarte
Rd.)
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EQUIP. PURCH.
PERSONAL
COMPUTERS
(Various
City
Departments)
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6f.
EQUIP. PURCH.
FURNITURE
(Personnel
Dept.)
Cl sLIO ...s'C)
Pcr .>
6g.
FIREWORKS
DISPLAY
(Santa Anita
Race Track
Parking Lot)
0'7 YO,$. t()
6h.
GAS SERVICE
AGREEMENT
(Peck Road
Well)
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7.
7a.
BILLIARD CLUBS
COMPATIBLE USE -
CPD-l ZONE
(Resolution to
be Prepared)
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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.
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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
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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
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9/3/91
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8.
8a.
RESOLUTION
NO. 5608
(ADOPTED)
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8b.
RESOLUTION
NO. 5616
(ADOPTED)
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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:
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9/3/91
Be.
ORDINANCE
NO. 1942
(ADOPTED)
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Bd.
ORDINANCE
NO. 1950
(ADOPTED)
(010 .2.0
9.
10.
HARBICHT
(Street
Sweeping
Schedule)
(Orange Grove Ave.
Improvement)
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"
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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".
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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
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9/3/91
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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
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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.
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