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HomeMy WebLinkAboutOCTOBER 8,1991_2 I I o IIcJ - ,-U IOO~4' 33:0266 Ce. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Sept.17,199l) (APPROVED) ORD, & RES. READ BY TITLE ONLY CLOSED SESSION OliO - -Ie AGENDA ITEMS M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 8, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:35 p. m" Tuesday October 8, 1991 in the Arcadia City Hall Council Chamber. Rev, Gary Kroah, Associate Pastor, Emmanual Assembly of God Jo Ann Scott, Library Board of Trustees PRESENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb ABSENT: Councilmember Young On MOTION by Mayor Pro tern Harbicht, seconded by Councilmember Ciraulo and CARRIED, Councilmember Young was EXCUSED. On MOTION by Councilmember Ciraulo seconded by Councilmember Fasching and CARRIED, the minutes of the Adjourned and Regular Meetings of September 17, 1991 were APPROVED, Mayor Gilb ABSTAINED since he was not present at the September 17, 1991 meeting, It was MOVED by Mayor Pro tern Harbicht, seconded by Council- member Ciraulo 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 and Redevelopment Agency met in a CLOSED SESSION pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the existing claims of R. Logavi and E. Nagata. Additionally, the Council and the Agency discussed the current condemnation lawsuit of Arcadia Redevelopment Agency vs. Willson, Weingard, Franco and Cordova. At the conclusion of this evening's regular meeting, the Council and the Agency will meet in CLOSED SESSION pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator with regard to acquisition of property at the southwest corner site of Huntington and Second with regard to Mr. Kinnahan's negotiations with Warren Lortie and the Schaefers. Additionally, the Council and Agency, pursuant to Government Code Section 54957,6(a) will be meeting to give directions to the City's representative regarding a compensation issue that was raised by the Arcadia Police Association". Mayor Gilb announced that at the Pre-meeting, regarding the Consent Calendar, staff recommended setting Item 8a. for a hearing on October 22, 1991; it also has been pulled by Mayor 10/8/91 1 l. PUBLIC HEARING ZONE CHANGE Z-91-009 (Rezone Prop. R-l 7,500 to R-l 12,500 - Certain Prop- erties in SW Arcadia) (APPROVED) ()n't1 " '1() -, if ('/"1 2. PUBLIC HEARING SO. CALIF. WATER CO. FRANCHISE (APPROVED) O;jll!" 1<)\ SC l..Jfr r{' 33:0267 Pro tern Harbicht for discussion. Item 8b, Tree Preservation added to Municipal Code has been set for hearing November 5,1991. Consideration of Zone Change Z-9l-009 rezoning the properties set forth below from R-l 7,500 (Second one-family with a minimum lot size of 7,500 square feet) to R-l 12,500 (Second one-family with a minimum lot size of 12,500 square feet). Area 1: North side of Walnut Avenue between Baldwin Avenue and Holly Avenue and the south side of Walnut Avenue from 400 to 632 Walnut Avenue. Area 2: Bounded on the north by Palm Drive, on the west by Baldwin Avenue, on the east by Holly Avenue and on the north by Woodruff Avenue, including lots on Florence Avenue and Los Altos Avenue. There is the potential for both cul-de-sacs and corner lot splits in this area which would result in lots inconsistent with the existing lot sizes. Area 3: Properties located at 480-530 Las Tunas Drive (south side of the street) and 481-535 Workman Avenue. There is the potential for both cul-de-sacs and corner lot splits in this area which would result in lots inconsistent with the existing lot sizes. 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 12,500 sq. ft. The existing development standards such as building height, setbacks, lot coverage, etc, will not be affected by any of the proposed changes. 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-l, 12,500 sq. ft. There are approximately 181 lots within these areas. I Mayor Gilb declared the public hearing OPEN. No one desiring the be heard the hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Councilmember Ciraulo and CARRIED. It was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows to APPROVE Zone Change Z-9l-009; FILE the Negative Declaration; and FIND that this zone change will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young At their meeting of September 17, 1991, the City Council adopted Resolution No. 5618 declaring the City's intention to grant a franchise to the Southern California Water Company and set a public hearing for October 8, 1991. As required by Section 1303 of the Arcadia City Charter, Resolution No. 5618 has been published declaring the time and place of said public hearing. Ordinance No. 1955 granting the franchise will have a term of five years and supersedes a 40 year franchise granted in 1950 pursuant to Ordinance No. 799. The Southern California Water Company serves 212 customers in southeast Arcadia and pays to the City of Arcadia a franchise tax payment of approximately $700 annually. I Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Councilmember Fasching and CARRIED. 10/8/91 2 I I ORDINANCE NO. 1955 (INTRODUCED) 03"~0-1(J~- 3. PUBLIC HEARING NUISANCE ABATEMENT AND ORDER FOR REHABILITATION (2819 Bradford Av.) (APPROVED) () $'.;)("> ,,'() c) ~ ,J, " 33:0268 The Public Works Director presented for introduction and read the title of Ordinance No. 1955: "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF ARCADIA". It was MOVED by Mayor Pro tern Harbicht, seconded by Mayor Gilb and CARRIED on roll call vote as follows that Ordinance No. 1955 be and it is hereby INTRODUCED, AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, None Councilrnember Young Harbicht and Gilb This public hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal Code co allow the City Council to determine whether a public nuisance exists and whae action is necessary to abate the nuisance on property located at 2819 Bradford Avenue. As per the above Section, a "Notice of Public Nuisance and Order to Abate" was mailed on September 20, 1991 to Andrew Lowell and Yolanda Hernandez, responsible persons, for the property located at 2819 Bradford Avenue. A notice was also posted on the property the same day. The following violations have been cited on the properey: 1) Excessive, tall, dry weeds and dead vegetation on the premises which are considered to be a health, safety and welfare hazard; 2) There is a lack of adequate lawn, ground cover and irrigation, Landscaping is required to be in conformity with adjacent residential properties; and 3) Lack of required pool fencing with constitutes a safety and welfare hazard. On August 28, 1991, the Planning Departmene received a complaint regarding the excessive weeds and condition of the pool at 2819 Bradford Avenue. The subject property is vacant and has not been properly maintained. On August 30, 1991, the City's Code Enforcement Officer sent a letter to the owners advising them of the condition of the property, They were given until September 6 to bring the property into compliance. Code Enforcement reinspected the premises on September 6 and noted there was no change in the condition of ehe property, Also, there was no contact from the property owners. On September 6, the Fire Department, ae the request of the Code Enforcement Officer, drained the pool to eliminate the hazard of an unsafe pool, On September 20, the City sent a Notice of Public Nuisance and Order to Abate to Mr, Lowell and Ms. Hernandez. There has been no response from the property owners to this date and the condition of the property has not changed. Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Mayor Pro tern Harbicht and CARRIED. u Ie was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows to determine that a public nuisance exises and that Resolution No. 5623: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 2819 BRADFORD AVENUE, ARCADIA, CALIFORNIA, AND PLACING A LIEN AGAINST THE 10/8/91 3 4. 01<;"('>- ~() N.",,'" 01<;<.) 5~) .1 ,,, ''1.'' " (l,i \,) /lJJ I ", '> 33:0269 PROPERTY, IF ABATEMENT AT CITY EXPENSE IS REQUIRED" be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young AUDIENCE PARTICIPATION Lael Collins, 409 J Fairview Avenue, stated, in part, that she was present because of her concern about First Avenue Jr. High School which the School Board Task Force is considering demolishing. She is concerned that the Council has not seemed to know or be concerned about the problems of the School District or proposed any help, advice or financial assistance. Mrs. Collins felt some money should be made available by the Council to help the schools. Mayor Gilb and Mayor Pro tern Harbicht replied that, although the Council is greatly concerned about the problems of the schools, the School District is a separate entity and is not under the jurisdiction of the City Council. Also, that, to this point, the School District has not requested help from the City. Councilmember Fasching noted that he had suggested a joint study session with the School District and the City Council. I Mrs, Robert Bozung, 1162 Panorama Drive, stated, in part, that she was also present to address the question of the plight of the School District and to ask the City Council for help for the District, She also wondered why the District had not previously requested help from the Council with respect to a loan, She further inquired if the four million dollar Community Center had been built with City funds. Council replied that it had. The residents who attended the Task Force meetings indicated they would be in favor of a bond issue as an alternative to selling school property, according to Mrs. Bozung. Mayor Gilb and Mayor Pro tern Harbicht stated that they, as well as Councilmember Young, have attended the Task Force meetings and have heard their presentations several times; that the Task Force had made a presentation to the entire Council'; and that the Council is well aware of the problem. Warren Shaw, 1635 S,Third Avenue, stated, in part, that he is present to address Item 9b. on tonight's agenda which is the recommendation for Community Center Usage Policy, He referred to the policy which addresses use by non-profit organizations/groups for community wide public meetings in which the principal purpose is the dissemination of information of general interest to the citizens of Arcadia, He suggested that this policy be broadened so that some kinds of entertainment events might be permitted. I Michael Walbrecht, Assistant Director, California Film Commission, Los Angeles, stated, in part, that he is present to ask the Council to reconsider their ordinance requiring a seven day notice, rather than a three day notice, to nearby residents of the filming sites, He explained that this will be a difficult requirement for the filming companies to adhere to, especially those who are filming TV projects or commercials because they work on a very short time schedule. This ordinance will effectively preclude much of the filming done in Arcadia. He suggested that the nearby residents could be provided a telephone number by which they could contact the location manager with a request to move trucks, etc. to another location if that should be necessary. The filming companies would cooperate in this regard. 10/8/91 4 I I 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (Sept.17,199l) (APPROVED) 6c. LEASE OF PROP. 146-170 Htg.Dr. (Christmas Tree Sales (APPROVED) 06~eJ 1,..l/..J Le'llr 33:0270 CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Ciraulo, Fasching, Harbicht and Gilb Agency Member Young On MOTION by Member Harbicht, seconded by Member Fasching and CARRIED, Member Young was EXCUSED. On MOTION by Member Harbicht, seconded by Member Fasching and CARRIED, the minutes of the meeting of September 17. 1991 were APPROVED, Chairman Gilb ABSTAINED since he was not present at the September 17, 1991 meeting, Consideration of a request from Louise Hawkins, dba Hawkins Christmas Trees of Yoncalla, Oregon, to lease the Agency-owned Southwest Corner Project property at 146-170 East Huntington Drive for the purpose of selling Christmas trees. Use of the lot for Christmas tree sales will not interfere with the ongoing negotiations with Arcon/Schaefer Brothers since escrow will not close, assuming the DDA is approved, until March 1992. It was MOVED by Member Harbicht, seconded by Chairman Gilb and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency enter into a Lease Agreement, in form and content approved by Agency Counsel, with Louise Hawkins for the use of the property at 146-170 E. Huntington Drive for the period of October 8, 1991 through December 31, 1991; and that the Arcadia Redevelopment Agency AUTHORIZE the Executive Director to EXECUTE the Lease Agreement. AYES: NOES: ABSENT: Members Ciraulo, Harbicht and Gilb Member Fasching (Felt that the Agency should receive Member Young more money for the rental of this property, ) 6d. RELOCATION & REPLACEMENT EDISON WOODEN POLES WITH STEEL POLES (NW & SW Corner Redevelop. Projects) (DENIED) 0(;1.0 Consideration of replacement of four Southern California Edison Company wooden poles on the Northwest and Southwest Corner Projects with steel poles. The three poles on the Northwest Corner Project are situated such that their locations would interfere with almost any future development of the site by rendering certain portions of the site unusable, and minimally less attractive. The Southwest corner project lines are high voltage transmission lines and are not slated for undergrounding using 20A funds, as are the .-f 1/" lower voltage lines along Second Avenue between Huntington ~-; Drive and the Foothill Freeway, The Edison Company responded to the Agency's request for information and concluded that it is feasible to install the two steel poles and remove the existing four wooden poles. The estimated cost for this work is $125,000. The Agency cannot remove only the wooden poleson either the north or south side of Huntington. It must replace all four or leave them as-is. Since negotiations with the developer of the Southwest Corner, Arcon/Schaefer Brothers, are well under way and have not included the steel pole project, and since the benefit of a new metal pole to this project is more indirect, staff believes that it would be unreasonable to require this developer to absorb the additional cost. However, staff.would recommend that half of the cost of the project (approximately $62,500) be passed on to the future developer of the Northwest 10/8/91 5 6e. SITE PLAN CONCEPT & PROJECT PHASING SW CORNER PROJECT (Arcon/Schaefer Bros.) (APPROVED) o G 'h f i ';/ L/ <I !/r:',;' ,"~,' 33:0271 Corner project, since it would most likely increase the value and utility of the site, Member Harbicht felt that there are limited benefits of this replacement of power poles. In reply to a question from Member Ciraulo, staff replied that the replacement will probably increase the ,value of the northwest side. Member Fasching felt he would only want to spend this amount of money if the utility lines could be placed underground. Staff replied that the high voltage poles cannot be undergrounded, Member Fasching does not agree that this will increase the saleablility of the property. Also, the island property has some trees on it which will be removed at a cost of $6,000. He has seen a bid from Alexander Tree Company for $2,190, Chairman Gilb agreed this Edison power lines project should not be undertaken at the present time, and that when it is I' done, he would like to see the lines placed underground. Staff noted that it'is extremely expensive to underground the high voltage lines, Member Harbicht felt at the time of negotiation for the Northwest Corner, it will be difficult for the Agency to recoup the money expended for this project. Gregory D. Woodson, Area Manager, Southern California Edison Company, 1440 South California Street, Monrovia, was present to explain the difference in costs for under grounding the high or low voltage lines, The cost is almost double for the high voltage lines. This no doubt had an effect on the staff decision to underground only the low voltage lines. It was MOVED by Member Fasching, seconded by Member Harbicht and CARRIED on roll call vote as follows to DENY the proposal for removal and replacement of Southern California Edison wooden poleswith steel poles on the Northwest/Southwest Corner Proj ect sites. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht and Gilb None Member Young At the request of Arcon/Schaefer Brothers (A/SB), Amendment No, 4 to the A/SB ERN requires that the Agency consider the current proposed site plan and concept elevations for the project. The review is designed to provide Agency input at this time in the design process before A/SB begins preparing full scale working drawings. This review is not the formal Agency Design Review which is scheduled for Agency consideration at the same time the A/SB DDA is to be (considered later this year. The current scheme anticipates a subterranean parking garage underneath a 16,667 foot medical office building and 25,000 square foot professional office building. Also included are the concept elevations for Agency comment. Although not a requirement of the ERN Amendment, A/SB has requested as part of this review, that the Agency consider the proposed phasing of the Southwest Corner Project. The ERN contemplated that the project be completed at one time. A/SB has requested that the Schedule permit them to complete the professional office building within eighteen months after completion of the medical office building. I Warren H, Lortie, President, WLA Arcon, 18652 Florida St., Suite 200, Huntington Beach, stated, in part, that he is present to discuss the design conceptual approval of the project by the Agency, He noted that the Agency has the right of discretionary approval which is retained almost to the end of the negotiation process. A/SB would like to have some form of design concept approval. In reply to a question from 10/8/91 6 I I 33:0272 Member Harbicht, Mr, Lortie replied that, basically, they want to know if any real problems exist. In the discussion of the materials to be used for the proj ect, Chairman Gilb noted that he was disappointed in the appearance of the building at the NW corner of First Avenue and Huntington Drive and is glad to hear that different materials will be used for the proposed buildings. After further discussion, it was MOVED by Member Fasching, seconded by Member Ciraulo and CARRIED on roll call vote as follows that the Agency APPROVE in concept the current Arcon/Schaefer Brothers site plan and elevations as prepared for the SW Corner Project. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht and Gilb None None Mr. Lortie proceeded to discuss the phasing of the project. With the current financing environment, it is very difficult to finance a general office building in Arcadia, according to Mr. Lortie. A/SB would like to have a firm contractural agreement with the Agency which would include an 18 month Entitlement period within which to begin construction of the second building. In reply to a question from Member Harbicht, Mr. Lortie agreed A/SB is proposing to buy only half of the site at this time, plus do all the offsite work for both sites. Also, if another developer should develop the second half of the site, reciprocal agreements would be necessary for access to the underground parking. The second project would be as approved, unless they wished to design a project which would be consistent and compatible with what will then be already built. A/SB would have considerable value in the second parcel, and they would not want to walk away from it and $100,000 in offsite improvements. However, they wish to be cautious and give some thought to the possibility that this might be necessary at some point. Considerable discussion ensued between the Agency Members and Mr. Lortie with regard to the underground parking garage, In reply to question from Member Fasching, Mr, Lortie and Agency staff replied the earliest start of construction would be the Spring of 1992. Following further discussion between Mr. Lortie and Agency Staff, it was determined that the situation now is that the escrow will close in February or March of 1992. The period of time from the purchase of the first parcel to the purchase of the second parcel will, in the worse case scenario I be twelve or thirteen months -- February or March of 1993, Also, there will ~e an accrual of an additional amount of money, possibly, 6% on the purchase price, plus required investment of all of the parcelization costs and improvement costs. Following questions from Member Harbicht and discussion with Mr. Lortie with regard to possible future marketing of the second parcel, Agency Staff noted that generally when the Agency enters into an agreement with a developer, there is a performance requirement so that if the developer does not perform according to the contract, then he does not have the right to re-market the property. The property, if it is sold, reverts to the Agency or, in this case, the right to develop the property would be terminated. It would revert to the Agency and the Agency would re-market it in whatever way they might see fit at that time. 6f. SW CORNER PROJECT (Arcon/Schaefer Bros. - Ci vi! tec Invoices) o /; YO . t,d,1 ( Ii ' ! /._ t\-t1( 'Cr- Section 109(e) of the August 7, 1990 Exclusive Right to Negotiate (ERN) between the Agency and Arcon/Schaefer Brothers (A/SB) requires that A/SB reimburse the Agency for all costs associated with the preparation of the Civiltec land and topographic survey of the Southwest Corner Site. Based upon 10/8/91 7 6g. ADJOURNMENT 7. 8. 33:0273 the work done and the invoices received, verified and paid by Agency staff, staff estimates reimbursable amount to be $5,953. Agency staff has repeatedly requested payment for the Civiltec work from A/SB. A/SB have refused to make the required payment. Staff report dated October 8, 1991 refers to the efforts to date to obtain payment. The failure of A/SB to reimburse the Agency for the Civiltec work is one of several performance delays experienced by the Agency during the course of the ERN with A/SB. Staff recommends that the Agency require that the full $5,953 be paid by October 21, 1991 and if it is not paid, that the Agency pull down the Letter of Credit ($25,000) good faith deposit and terminate the ERN. Howard Schaefer, Director, Schaefer Brothers, Ltd" 9844 Jutland Avenue, Northridge, stated, in part, that the issue I is the interpretation of Section 109(e) of the ERN, They have also had problems with compliance with the Agency as far as giving reports on a timely basis. Also, there were major problems relating to the building of a three story building, which required a variance, etc. This was the cause of some delay. Considerable discussion ensued as to the timing of the Civiltec invoices, interpretation and why the cost was so high. Mr. Schaefer reviewed the agreement. He noted that A/SB were never consulted about some of the work done, He felt it is unfair that the burden has been placed on A/SB to determine whether payment of the full $7,000 is appropriate. They are willing to talk about work done by Civiltec for which A/SB benefitted; they are willing to talk about and discuss reimbursement; but not as far as the ERN. A/SB feel this matter should be negotiated as part of the DDA. Considerable discussion among the Agency Members, staff and Mr. Schaefer. The Agency felt these expenses are part of the ERN, Member Harbicht noted that this is a multi-million dollar project, and one of the key intersections in the community. The Agency has paid this money to Civiltec and A/SB has not even paid the amount they agreed was estimated. He does not feel this is the kind of situation that should exist between public/private partners in developing this piece of property. If necessary, the Agency can start again to market this property. It was MOVED by Member Harbicht, seconded by Chairman Gilb and CARRIED on roll call vote as follows that the Agency REQUIRE Arcon/Schaefer Brothers to reimburse the Agency $5,953 for expenses incurred pursuant to Section 109(e) of the ERN by October 21, 1991, and determine that failure to do so constitutes a default under the terms and conditions of the ERN, and further determine that failure to do so by October 21, 1991 shall cause cancellation of the ERN and drawing down the Arcon/Schaefer Brothers' Letter of Credit ($25,000) by the Agency. I AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht and Gilb None Member Young The meeting ADJOURNED to 6:00 p. m,. October 22, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS 10/8/91 8 I I 8b. PUBLIC HEARING SCHEDULED (Nov.5,199l) OtJ~(r) ~l~\ 8c. I~I) 'i 00... ADVERTISE FOR BIDS (Concrete Benches & Trash Receptacles - Var.Locations - Job No. 661) I Or/f) - ." 8d. WORK ACCEPTED (1991-92 Annual Street Maint. Prog. - Slurry Seal - Job No. 664) ..:):/.,0 ,~-O J0', :<; I ./ 8f. FINAL MAP 47199 (8-Unit Resid. Condominium - 114-120 E. California St.) 0...,(;\) - j, r' 'Ir '/-1111 8h. EQUIP.PURCH. (Tractor-Loader Backhoe - Water Div.) 03<(0 - 30 N.J 8i. EQUIP.PURCH. (Dump Truck w/ Over-the-cab Loader - Pub. Works) ():;jr/tJ 0 w () 8k. ptJJ BANK'G SERVo CONTRACT 1/1/92- 12/31/94 (~,.J,.Jt) ~..- ~ 8m. L. A. CO. - JOINT INDEMNITY AGREEMENT JOt(). ,;0 8n. RATIFIED SETTLE- MENT - L.Altmayer I,) /J '(f j 33:0274 Mayor Gilb noted that Consent Items a, e, g, j, and 1. are to be considered separately, Councilmember Harbicht noted that he will ABSTAIN on Item k. PUBLIC HEARING SCHEDULED for November consideration of Text Amendment 91-005, preservation to the Arcadia Municipal Code. 5, 1991 adding for tree APPROVED plans and specifications for installation of new concrete benches and trash receptacles at various locations .. Job No, 661. City Clerk is AUTHORIZED to advertise for bids, ACCEPTED proj ect and AUTHORIZED final payment to IPS Services, Inc. for the 1991-92 annual street maintenance program slurry seal - Job No. 664. Ten percent (10%) retention payment becomes due and payable 35 days after the recordation of Notice of Completion and will only be released by the Director of Public Works on completion of all corrections of record. The final contract amount of $129,128.04 was funded from State Gas Taxes. APPROVED Final Map of Tract 47199 for an 8-unit residential condominium project at 114-120 E. California Street on behalf of Hsu & Associates (owner/developer of the site). Approval on condition that all outstanding conditions of approval, as outlined in Public Works Department report dated January 25, 1989 shall be complied with to the satisfaction of the Director of Public Works, (The filing period for the Final Map was scheduled to expire in February of 1991, though a one year time extension was granted.) APPROVED purchase of one tractor-loader backhoe from Case Power and Equipment in the amount of $37,714.30 including sales tax; and WAIVED non-compliance with the specific bid process of the City of Arcadia. Funds for the purchase of the tractor-loader backhoe are budgeted in the Water Equipment Replacement fund in the amount of $43,500.00, APPROVED purchase of one dump truck with over-the-cab loader from the low bidder, Nixon Egli Equipment in the amount of $90,703.00. Funds for this purchase were budgeted in the Public Works Department Equipment Replacement Fund in the total amount of $91,000.00. AWARDED contract for banking services to the low bidder, First Interstate Bank for the City's banking services for the period January I, 1992 through December 31, 1994. APPROVED Joint Indemnity Agreement with the County of Los Angeles and AUTHORIZED the Mayor to sign after approval as to form by the City Attorney. RATIFIED settlement of claim filed by L. Altmayer for water damage in the amount of $5,551,00 at 1421 Oaklawn Road. 10/8/91 9 80. RATIFIED SETTLE- MENT - Orona vs. Arcadia /0'10 ,'-It) 8p. RAIL TRANSIT STUDY FUNDING () ';-: :; 0 ..)() Ccm""ld t:' , 1'/ :/L', 8a. UNDERGROUND UTILITIES DIST. NO. 13 - Htg.Dr. to La Porte St. (CONTINUED TO OCT. 22,1991) o 't< 'Ie - 'if' 0 N~~ 13. Hlj . U' I', 8e. ACCEPTED REPORT PROPOSED TRF. SIGNAL - First Av. & Santa Clara St. - Job No. 670 00.;'( ,; ...!,' " 33:0275 RATIFIED settlement property damage $30,000.00. of litigation for personal injuries and Orona vs. Arcadia in the amount of APPROVED Arcadia's participation in a preliminary rail transit study for the Northern San Gabriel Valley - San Bernardino County Transportation Corridor and fund the project for $12,000 out of Proposition A Local Return Fund reserves. (, ) , . '... ALL OF THE ABOVE CONSENT ITEMS WITH THE EXCEPTION OF ITEMS a, e, g, j, AND 1 WERE APPROVED ON MOTION BY MAYOR PRO TEM HARBICHT, SECONDED BY COUNCILMEMBER FASCHING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: I AYES: NOES: ABSENT: ABSTAIN: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young Mayor Pro tern Harbicht (Item 8k) Consideration of Underground Utilities District No. 13 Second Avenue from Huntington Drive to La Porte Street. Councilmember Harbicht noted this is a similar situation in the same area discussed earlier where only certain utility lines can be undergrounded and some will remain. It does not seem to make sense to underground part of these lines when some of them will remain in place. Since the transmission lines cannot be taken down, perhaps Council should move to the . ,next undergrounding project on the list, The Public Works Director noted that six poles would be eliminated. There is an estimate of $750,000 just for the undergrounding of the high voltage lines. A field study was suggested. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Ciraulo and CARRIED that this item be CONTINUED TO OCTOBER 22, 1991. In reply to a question from Councilmember Fasching, the Public Works Director replied there is a priority list for locations for the undergrounding of utilities which is part of the Capital Improvement Program, and the next on the list is Santa Anita Avenue from the railroad crossing to Huntington Drive at an estimated cost of $600,000. Consideration of report from the Public Works Department on the status of the proposed traffic signal at First Avenue and Santa Clara Street - Job No. 670. Councilmember Fasching noted that there is a signal a block away at Wheeler Avenue and inquired about the feasibility of placing stop signs North and South on First Avenue to help alleviate the traffic problems, rather than signals. The Public Works Director replied there is warrant for signals on this street and that on such a wide street sometimes there are problems with just having stop signs. I It was MOVED by Mayor Gilb, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that the report from the Director of Public Works on the status of the proposed traffic signal at First Avenue and Santa Clara Street including necessary procedural steps be ACCEPTED and that further consideration of the stop sign or signal be DELAYED pending receipt of a staff report, AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, None Councilmember Young Harbicht and Gilb 10/8/91 10 I I Consideration of appropriation of $1,900 from the General Fund to be used for Hazard Communication training and literature. Pursuant to Section 5194, Title 8 of the California Administrative Code, the City is mandated to develop and implement a Hazard Communication Program. To meet this requirement and to formally document the City's ongoing ~ commitment to safety, a written Hazard Communication Program ~~'I ..Jhas been prepared. The program includes comprehensive training that will improve employee awareness of chemical exposure and the ability to respond in the event of an accident. 8g. HAZARD COMMUNICA- TION TRAINING FUNDING (APPROVED) o /.J' ~ 1(1 (fit ff " \ 8j. TEMPORARY CHRIST. TREE STORAGE TENTS (146-170 E.Htg.Dr.; 801 W.Htg.Dr.; 1045 W.Htg.Dr. & 1401 S.Baldwin Av.) (APPROVED) O;J\ J ..:" 81. FINANCIAL CONSULTANT - SANTA ANITA FASHION PARK MALL EXPANSION - (Keyser Marston Associates) (APPROVED) 0...,.... W 0" lu' .~l \ ~', ' 33:0276 \ In reply to a question from Mayor Pro tern Harbicht, Garv Ro~ers, Personnel Department, explained that the Hazard Communication Program is a requirement that the State has placed on all businesses in California to develop a written program whereby employees will be informed and knowledgeable regarding hazardous materials. APPROVED request from Louise Hawkins, owner of Hawkins Christmas Trees, for temporary Christmas tree storage tents to be located at 146-170 E. Huntington Drive; 801 W. Huntington Drive and 1045 W. Huntington Drive; also request from Sav-On Drug Store #2121 for temporary Christmas tree storage tent to be located in the Sav-On parking lot at 1401 S. Baldwin Avenue. All tents will be subj ect to Fire Department regulations, inspected and approved prior to opening for business. It was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Consent Items g, and j, be APPROVED. AYES: NOES: ABSENT: Councilmembers Ciraulo, None Councilmember Young Fasching, Harbicht and Gilb Consideration of contract with Keyser Marston Associates for financial consulting services in connection with the proposed Santa Anita Fashion Park mall expansion and the request of the owners for financial assistance. Councilmember Fasching inquired why there has not been a presentation in connection with this major expansion project. It is his feeling this should be done before committing money for a financial consultant. Mayor Gilb said plans are not finalized at this time and perhaps some portions are confidential.' Staff noted that the developers will be glad to make such a presentation. The City Attorney noted that, as a land use issue at a given point in time, the owners have a right to apply for the land use approvals that they would need for any expansion and that would have to go through public hearings before the Planning Commission and the City Council. So, they do have a right to process an expansion through the Planning process, irrespective of financial considerations. Councilmember Fasching reiterated that he would like to meet the owners and hear their presentation. In reply to a question from Councilmember Ciraulo, staff ,replied the $28,600 fee is for an initial evaluation; later on during negotiations, staff will probably need to call on the consultant again. Mayor Pro tern Harbicht noted the $28,600 is for a specific task in evaluating a particular situation. Mayor Pro tern Harbicht continued that he has no problem with the owners making a presentation, but this is a 10/8/91 11 9 9a. ARCADIA DIAL-A- RIDE AGREEMENT (APPROVED) J.-;' 3(1 dd, , J tJ J , 9b. ARCADIA COMMUNITY CENTER USAGE POLICY (APPROVED) (J/f:.1 Ie- /' err .t " 33:0277 major situation and the City needs expert help, He feels that hiring such a consultant is a necessary first step. It was then MOVED by Mayor Pro tern Harbicht, seconded by Mayor Gilb and CARRIED on roll call vote as follows to APPROVE Keyser Marston Associates for financial consulting services in connection with the proposed Mall expansion and the Mall's request for financial assistance at a cost of $22,000 with a contingency of $6,600 (30%), for a total of $28,600. AYES: NOES: ABSENT: Councilmembers Ciraulo, None Councilmember Young Fasching, Harbicht and Gilb Councilmember Fasching asked the City Manager to request that the developer of Santa Anita Fashion Park make a presentation I to Council, outlining the entire project and the reasons for their projections. CITY MANAGER It is staff's recommendation that the City Council approve the Arcadia Dial-A-Ride Service Agreement which requests a $1.65 increase in the vehicle service hour rate and that the City Council authorize a $33,448 payment to meet San Gabriel Transit's increased insurance costs for 1991-92. It was MOVED by Councilmember Ciraulo, seconded by Mayor Gilb and CARRIED on roll call vote as follows to AUTHORIZE the Mayor to execute the Arcadia Dial-A-Ride Service Agreement in a form approved by the City Attorney and AUTHORIZE a one time expenditure of $33,448 which will be paid to San Gabriel Transit as part of their total compensation for service provided to the Arcadia Dial-A-Ride. AYES: NOES: ABSENT: Councilmembers Ciraulo, None Councilmember Young Fasching, Harbicht and Gilb Consideration of recommendations for usage of the Community Center. Mayor Gilb felt the staff's recommended policy is a good one and would like to try it for a six month period. Councilmember Fasching felt that consideration should be given to fund raising events by non-profit organizations and also a fee schedule in relationship to such use in order to help offset the maintenance costs. Warren Shaw reiterated his request that Item 3 under Community Events be modified to include some recreation activities. Perhaps that phrase could be changed to include use in which the principal purpose is of general interest to the citizens of Arcadia, and leave out the dissemination of information phrase. Jerrv Collins, Recreation Director agreed. Mayor Pro tern Harbicht is in agreement with the recommendation for a six month period. At that point, he would like to see this brought before Council for further consideration. He would like to see staff get a few more months of experience with the new Center and get up to speed. At present the Community Center is restricted to Senior activities and City activities, It will need to be determined if it should be available to the,entire community or continue to be restricted to City sponsored events. Councilmember Ciraulo felt the policy is too restrictive. He would like to see a more liberal policy in six months, as well as a report with regard to fees. I 10/8/91 12 I I 10. lOa. ORDINANCE NO. 1951 (CONTINUED TO OCT.22,199l) 0;1--,,) "', r I, IJ TIE VOTE lOb. ORDINANCE NO. 1952 (INTRODUCED) () ~ ~; ,'\ 7f1 33:0278 I t was MOVED by Mayor Gilb, seconded by Mayor Pro tern Harbicht and CARRIED that the October 5, 1991 staff recommendation for the Community Center Usage Policy be APPROVED. CITY ATTORNEY The City Attorney presented and read the title of Ordinance No, 1951: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING DIVISION 6 OF CHAPTER 5, ARTICLE VI OF THE ARCADIA MUNICIPAL CODE BY ADDING A SECTION 6616.11 CONCERNING REGULATIONS FOR MOTION PICTURE FILMING - TIMING OF NOTICE TO NEIGHBORHOOD. Mayor Pro tern Harbicht stated that he would like to ask Council to reconsider this ordinance. The Chief of Police has told him that if this is adopted, it will almost end filming in Arcadia, This is a multi-billion business and approximately three billion of that business is now moving out of California, It is his feeling that business should be encouraged to stay in California. This position Council has taken is anti-business. We should try to accommodate this business, He does not feel that residents are being inconvenienced that much and that the present notice requirement clears up a lot of the problems, Mayor Gilb agreed. In 1960 he was on an Los Angeles Economic Development Board and the biggest problem was that the film industry had left California and the Board made many efforts to accommodate the Industry to encourage it to return to California. Mayor Gilb also agrees with the three day time period. Councilmembers Ciraulo and Fasching responded that they did not want to drive the filming companies out of Arcadia, but they felt it is more important to consider the wishes of residents of the City and they are in favor of the seven day time period. Mayor Pro tern Harbicht noted that when he has seen filming taking place in Arcadia, people seem to enj oy watching it, and he has had no complaints of people being inconvenienced. Michael Walbrecht of the Film Commission stated that the Filming Location Manager can distribute a letter to the residents of the affected area three days in advance. He thought the business license form could be designed so that if someone had plans for a certain event, alternative parking could be arranged by the filming company. Councilmember Ciraulo would be interested in this plan if the residents could call the filming company when they had an event planned for that same time. Councilmember Fasching did not believe this would be feasible. It was MOVED by Councilmember Ciraulo, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Ordinance No. 1951 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo Mayor Pro tern Harbicht Councilmember Young and Fasching and Mayor Gilb CONTINUED TO OCTOBER 22, 1991 The City Attorney presented for introduction and read the title of Ordinance No. 1952: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-91-006, CHANGING THE EXISTING ZONING OF R-O 12,500 TO R-O 15,000 FOR CERTAIN PROPERTIES LOCATED IN THE SOUTHWEST PORTION OF THE CITY OF ARCADIA". It was MOVED by Mayor Pro tern Harbicht, . Councilmember Fasching and CARRIED on roll seconded by call vote as 10/8/91 13 lOco ORDINANCE NO. 1953 (INTRODUCED) l5"~n, It) 10d. ORDINANCE NO. 1954 (INTRODUCED) i)') ~O I,) 10e. RESOLUTION NO. 5619 (NO ACTION TAKEN) :Y", , r\) 22:0279 follows that Ordinance No. 1952 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young The City Attorney presented for introduction and read the title of Ordinance No. 1953: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-9l-007, CHANGING THE EXISTING ZONING OF CPD-l DH TO CPD-l DH 7, CPD- 1 DH5 'AND CPD-l DH4 FOR PROPERTIES LOCATED AT 211 E. HUNTINGTON DRIVE, 311 E. HUNTINGTON DRIVE AND 420-440 E. HUNTINGTON DRIVE". It was MOVED by Mayor Pro tern Harbicht, seconded by I Councilmember Ciraulo and CARRIED on roll call vote as follows that Ordinance No. 1953 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young The City Attorney presented for introduction and read the title of Ordinance No. 1954: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-9l-008, CHANGING THE EXISTING ZONING OF C-2 DH TO C-2 DH8 FOR THE PROPERTY AT 400 S, BALDWIN AVENUE AND FROM CoO H TO CoO H6 FOR THE PROPERTY AT 301 W, HUNTINGTON DRIVE". It was MOVED by Mayor Pro tern Harbicht, seconded by Mayor Gilb and CARRIED on roll call vote as follows that Ordinance No. 1954 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, None Councilmember Young Harbicht and Gilb The City Attorney presented and read the title of Resolution No. 5619: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA. EXPRESSING CONCERN REGARDING THE CITY OF SIERRA MADRE'S OPPOSITION TO THE IMPROVEMENT OF ORANGE GROVE AVENUE AND OFFERING TO THE CITY OF SIERRA MADRE THE REALIGNMENT OF THE CITY BOUNDARY TO THE SOUTH SIDE OF ORANGE GROVE" . The Public Works Director stated that he had received word that the City of Sierra Madre had passed the resolution pertaining to the improvement of Orange Grove Avenue. This is the same resolution which had been before Sierra Madre earlier, with the exception of an Exhibit B which Sierra Madre I added. The next step will be for both cities to contact the County and ask them to proceed with the design phase of the project. Mayor Pro tern Harbicht noted that the problem is that the Sierra Madre Council adopted the design and then specifically rejected the conditions. The Public Works Director noted that certain of the items of the Exhibit B have qualifying statements. Apparently, the Sierra Madre Council agrees, but they want to review as we go through the process and design. There will probably have to be some give and take during the design process between the cities. Also, the County is a third party and will want to see the County street standards incorporated, which is not what Sierra Madre wants. Mayor Pro tern Harbicht stated that he has little confidence that Sierra Madre will approve the final design. He feels that the people on the Arcadia side of Orange Grove Avenue and 10/8/91 14 I I lOt. RESOLUTION NO. 5620 (TABLED UNTIL OCT. 22,1991) o ~-. ,'. \ '<) II ..J'llllg 109. RESOLUTION NO. 5621 (ADOPTED) o ..... ., " .) 1) (i \: ,VI' ,. 10h. RESOLUTION NO. 5622 (ADOPTED) O : ,," -.;\ .,.. - ") .. 33:0280 most on the Sierra Madre side are in favor of the original plan for improvement of the street. BY CONSENSUS OF COUNCIL, NO ACTION WAS TAKEN ON RESOLUTION NO. 5619. The City Attorney presented and read the title of Resolution No, 5620: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MAP AND DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF SECOND AVENUE; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE SHOWING SAID PORTION; RESERVING EASEMENTS AND RIGHTS-OF-WAY TO BE EXCEPTED; SETTING A PUBLIC HEARING THEREON FOR NOVEMBER 5, 1991; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED". It was MOVED by Mayor Pro tern Harbicht that Resolution No. 5620 be ADOPTED, Councilmember Fasching noted that this' has to do with the Arcon/Schaefer Brothers parcel which was discussed earlier in this meeting and some decisions have to be made in this regard, The City Manager noted this question is to be discussed in Closed Session. Mayor Pro tern Harbicht withdrew his motion. BY CONSENSUS OF COUNCIL RESOLUTION NO. 5620 WAS TABLED UNTIL OCTOBER 22, 1991. The City Attorney presented and read the title of Resolution No. 5621: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FACILITIES FUNDS AUTHORIZED UNDER SB 821", Mayor Pro tern Harbicht wondered if this money could be used for some purpose other than handicapp ramps. Staff responded that one item to be undertaken is the landscaping of the east side of the 101 Club on Huntington Drive, which has been an eyesore for years. The City Manager noted that a report will be forthcoming to Council with regard to the possibility of installing an audible intersection signal for the benefit of a group of residents who are blind. This project will qualify for use of the SB 821 funds. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Resolution No. 5621 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young The City Attorney presented and read the title of Resolution No. 5622: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 5586 AND AMENDING RESOLUTION NO. 5608 REGARDING LEAVE POLICY FOR MANAGEMENT EMPLOYEES AND OVERTIME FOR FIRE BATTALION CHIEFS". It was MOVED by Councilmember Fasching, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Resolution No. 5622 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young 10/8/91 15 10i. CLAIM OF T. A. WHEELER (DENIED) In,/' /r 10j. CLAIM OF B.A. CAMPBELL (DENIED) 10 'II! 'It; ll. 12. GILB (City Dinner) 13. ADJOURNMENT (Oct.22,199l - 6:00 p.m.) ATTEST: ~ Alford. J 33:0281 On recommendation of the City Attorney, the claim of T, A. Wheeler was DENIED on MOTION by Mayor Gilb, seconded by Councilmember Fasching and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Counci1members Ciraulo, Fasching, Harbicht and Gilb None Councilmember Young On recommendation of the City Attorney, the claim of B. A. Campbell was DENIED on MOTION by Councilmember Ciraulo, seconded by Mayor Gilb and CARRIED on roll, call vote as follows: AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht and Gi1b None Councilmember Young MATTERS FROM STAFF The City Manager requested a CLOSED SESSION. MATTERS FROM ELECTED OFFICIALS Mayor Gilb reminded the Council, City Clerk and staff that the City dinner is next Monday at 6:30 p.m, in San Francisco at Ernie's (Annual League of California Cities Conference). The City Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 11:05 p,m. to 6:00 p. m., Tuesday, October 22, 1991 in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litigation and evaluation of properties. Mayor 10/8/91 16 I I