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HomeMy WebLinkAboutFEBRUARY 6,1990_2 OlIO . ~o ()cPfJ61'0 cc. 32: 0020 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Jan. 16, 1990) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 6, 1990 The, City Council and the Arcadia Redevelopment Agency met in a regular session at 7:40 p. m., February 6, 1990 in the Arcadia City Hall Council Chamber. Rev. Roger Kramer, Arcadia Christian Reformed Church Police Captain Rick Sandona PRESENT: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler Councilmember Gilb On MOTION by Councilmember Young, seconded by Councilmember Harbicht and CARRIED, Councilmember Gilb was EXCUSED. o On MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Adjourned and Regular meetings of January 16, 1990 were APPf.WED. It was MOVED by Councilmember Young, seconded by Councilmember Harbicht 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 Arcadia Redevelopment Agency and City Council met in a CLOSED SESSION this evening pursuant to Government Code Section 54956.9(c) to discuss the pending condemnation litigation of the Arcadia Redevelopment Agency vs. Cordova, Also, pursuant to Government Code Section 54956.8, direction was given to the City's negotiator with regard to the potential acquisition of property at 160 East Huntington Drive owned by Mr. and Mrs. Hopp. In that regard, it is necessary for the Agency to take action this evening. That item, in terms of acquiring the property, that is, approval of an agreement is not on the agenda. However, the need to take action arose subsequent to the distribution of the agenda and, therefore, if the Council wants to take action tonight, first I recommend that you pass a motion pursuant to Government Code Section 54954.2 acknowledging that the need to take action arose after the agenda was posted. So, I would recommend that you take that action first at this point in time." It was then MOVED by Councilmember Harbicht that the need to take action arose after the agenda was posted, seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Lojeski, Young and Chandler Councilmembers Harbicht, None Councilmember Gilb The City Attorney responded, "the unanimous vote requirement was met. With that he asked the Assistant City Manager for Economic Development to advise regarding the nature of the urgency and then request the Agency to act upon the necessary motion for this evening". 2/6/90 -1- PROPERTY ACQUISITION (160 E. Htg. Dr. - Hopp) (APPROVED) 06 '10 ~ '1-'-/ LJ' - AYES: UI/ O~.';'UI.s/JIZJWNOES: ABSENT: ABSTAIN: PROPERTY ACQUISITION (152 E. Santa Clara - Pais) &6 ~. ;) - "-/6 t"1 I)((I()/ SI/ioN ROLL CALL l. PUBLIC HEARING TEXT AMEND. 89-007 (Lot Coverage Require- ments) (APPROVED) tJ ~ L:;J - 6 S- 19/iq - ~!() 32:0021 The Assistant City Manager for Economic Development then stated that the Agency would like to acquire the Hopp property at 160 East Huntington Drive for $283,000 ($274,349. for real estate and improvements; $8,651. for furniture, fixtures and equipment). The owner has indicated that in the past there was some concern about non-payment of rent by a tenant. Today he indicated that the problem has become acute and critical and the money is needed from the purchase price as quickly as possible. The owner has asked, and the Agency concurs in his request, that it be expedited and escrow opened as soon as possible. Authorization was re- quested to have the Executive Director execute all documents necessary to bring this about. Mayor Chandler noted that since this item has come up suddently, it will be necessary to RECESS the City Council and CONVENE the Arcadia RedevelOI ment Agency. PRESENT: Agency Members Harbicht, Lojeski, Young and Chandler ABSENT: Agency Member Gilb On MOTION by Member Harbicht, seconded by Member Young and CARRIED, Member Gilb was EXCUSED. It was then MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call vote as follows that the acquisition of the Hopp property, 160 East Huntington Drive, for $283,000 be APPROVED, and the Executive Director AUTHORIZED to execute all necessary documents in form approved by the Agency Counsel. " Agency None Member Member Members Harbicht, Young and Chandler Gilb Lojeski (because of potential conflict of interest) The Agency also considered the acquisition 152 East Santa Clara and directed staff to bring back at next meeting. of the Pais property at prepare the documents and CITY COUNCIL RECONVENED The staff report dated February 6, ~990 set forth the consensus of the study session held January 10, 1990, (1) There should be some incentive for the construction of and additions to singte-family dwellings. The Committee recommended that the existing lot coverage of 45% should remain for single-story homes. (2) The maximum lot coverage requirement for two-story homes should be 35%. It was felt that the sliding scale was not equitable and that the 35% would be appropriate for all properties. (3) The majority of the committee thought that a better means of addressing visual bulk and reducing the mass of a dwelling would be the concept presented in T. A. 87-17 regulating the use of angles at the side property lines in determining I the side yard setbacks for single and two-story dwellings. The committ suggested that the City Council direct staff to further study this idea and come back at a later date with recommendations. (4) The Committee also agreed that the building floor area ratio (total square footage) should not be considered at this time. Mayor Chandler declared the hearing open. Scott Downie, 1104 Rancho Road, stated, in part, that he was not sure that a large number of residents of the City were aware of this meeting and that, perhaps, even SOme of those present were unclear as to the far- reaching ramifications of the decisions being made tonight. He thought it would be good if the proposed text amendment, as well as a review of the study session held January 10, 1990, were reviewed prior to further discussion. 2/6/90 -2- 32:0022 Staff replied that the Council has before it the recommendations of the Planning Commission, the original staff report and the input from the Committee which met January 10, and will have the input provided this evening, so Council has all these sources of input to consider. I Councilmember Harbicht responded that, the City Council began by recognizing that Council wanted to consider whether there should be further restrictions on house sizes and, as required, the matter was sent to the Planning Commission for study. The Planning Commission studied it and came back to the Council with a recommendation. City Council had a public hearing on the recommendation and decided that further study was needed and continued that public hearing. This, basically, is the same public hearing which started back in December and has been continued to this date. In addition to the recommendation from Planning staff and the Planning Commission, there has also been a study session in which various areas of the community and various groups were represented. Written communications have also been received. All of this, as well as input received this evening, will be considered by Council and may, at the conclusion of the hearing, result in a decision and action by Council. The recommendation of the Committee was that Council take action this evening on :.limiting lot coverage and Council direct staff and the Planning Commission to study additional limitations which have not yet been studied by the Planning Commission which would have to do with using side yard setbacks and an angle system to define the building envelope. This is what is before Council this evening. In further reply to Mr. Downie's question about the sliding scale, concerning the ratio between lot size and house size, Council- member Harbicht responded that the recommendation of the Committee is that the sliding scale should be aba~doned. Also, this is a complex issue and does not lend itself to simple explanations. Jim Rostron, 422 Monte Vista Road, Chairman, ARB, Rancho Santa Anita Residents' Association, stated, in part that in the area of this Association, the lots range from 30,000 sq. ft. to a few at 7,500 sq. ft., most being 13,000 - 15,000 sq. ft. They are concerned about the total range of these proposals. He gave as an example, plans sub- mitted to the Board for a two-story house which will cover 44.6% of a 13,370 sq. ft. lot; it is to be 33 feet high. This will be an over- powering house built between single story homes. There were many objections to this plan. The residents wish to maintain their quality of life. He does not agree with the concept of percentage of lot coverage; he prefers the sliding scale. Also, he prefers to have the total building percent of the lot area included. He would like to see the percent of the lot coverage as well as the percent of the building area addressed. ~~, 507 Monte Vista Road, ARB, Rancho Santa Anita Residents' Association,elaborated on ~he figures mentioned earlier by Mr. Rostron, showing examples of different size houses which would be permitted using' the sliding scale and the percentage lot coverage. Council should decide tonight. I Emil Steck, 831 :San Simeon, stated, in part, that he commended Council for addressing this issue. He recalled that about a year ago they had had discussions about a possible lot split and eventually the area in question was rezoned. If that lot had been split, there would probably have been two very large houses occupying most of the land He feels it is desirable that Council get control of the size of buildings being constructed; he hopes this will not get bogged down in debates. He is an attorney and has experience with discrimination charges so he hopes the final decision will be as simple and understandable and uniform as possible because he can envision situations where, if one house ends up with advantages over another, the City will be faced with lawsuits. Tom Crosby, President, Santa Anita Village Homeowners' Association, stated in part, that he is against the sliding scale; 35% for everybody is equal. This City has been a community of one-story homes; that is not how it is today or will be tomorrow; people want bigger and bigger houses. It makes sense that people should be allowed to do as much with their property, within reason, as they wish. 35% is reasonable. He is not enthusiastic about having the 45% allowance for single-story homes. 2/6/90 -3- 32:0023 Gordon Maddock, 900 South First Avenue, stated, in part, that he has been a resident for 45 years. He thanked Council for the continua- tion of this public hearing to give the community and the committee opportunity for discussion. The larger homes are a trend of society. There are difficulties in a transition of a community that has been pre- dominately a single story community to one of two-story homes and where single story homes are next to the new two-story homes -- there's a loss of privacy. The problems are identified as the mass of the new houses and the loss of privacy of neighboring houses. The right to build a second story has been a part of this community for a long time. Perhaps the matters of the angles, set-backs, etc. to help break up the mass of the buildings should be studied further. 75% to 80% of the value of any property is the square footage. He feels encouraging the development of the single story houses answers some of the problems and is good and should be left at 45% lot coverage. The most popular homes are single story homes. If a homeowners' association or a particular area wants I to restrict it more, that should be taken up with the people in that area and not try to impose it on all citizens in the City. He urges Council to make a decision in this matter, hopefully, in favor of the Committee's recommendations. Building has stopped, pending such decisions. He felt that the meeting with the Committee has been very helpful in this process. Scott Downie, 1104 Rancho Road, stated, in part, that he also thought 'the meeting on January 10, 1990 had been very productive. He also thought the sliding scale concept should be forgotten; he is in favor of the 35% for two story houses and 45% for one story. The story concerning the re-zoning of all the houses in Arcadia was in the newspaper, dateline December 25, 1989. He does not think Council has advised enough homeowners of this pending action. Such a zoning change would be very far reaching to affect the value of so many properties. The sliding scale concept compounds the problem because of so many in- adequacies. He feels the architectural review boards should be the ones to do a better job of controlling the matter of size homes to lot sizes in their respective areas. The Council should not take upon itself to decide what size home can be built on a certain size lot for th~ entire City. Bob Henkel, Chairman, Architectural Review Board, Rancho Santa Anita Property Owners' Association, 1065 Singing Wood Drive, stated, in part, that he is against the sliding scale concept. If a resident is building a two story house, under the sliding scale, he can somehow get all that bulk on one side of the property and the other side might have a terrace or something of that kind. He is in favor of an envelope system which would take away the bulk from either side; the maximum amount of height with a 15 foot setback would be 21 feet at a 45 degree angle. Total height permitted now is 35 feet, which is not too much if it comes to the center. The most important issues here are bulk and privacy in back yards. He feels the City should encourage the single story homes by the allowance of the 45% because they don't affect the surrounding homes. :) Lorraine Fricke, 836 Murietta Drive, stated, in part, that she was concerned that the southern part of Arcadia does not have resident's Associations or architectural review boards; therefore, those residents I do not.have representation at City Council and are not protected. Mayor Chandler responded that not all residents want homeowner associa- tions. The momentum to establish a homeowner association was started fairly recently but died when all the facts became known, The residents are free to establish such associations if they wish to do so. He fur her noted that he is a resident in the southern area. George Fasching, 1451 Oaklawn Road, stated, in part, that he agrees with Mr. Downie that no doubt a great deal of confusion exists among homeowners concerning this question. He feels that, since this affects every homeowner in the City; since there are many homeowners who are not even aware that this is under consideration this evening and haven't been duly notified, he would recommend that Council decide what would be right. for the community, put it together in a packet and send it to every homeowner in the City, advising them of what the Council has decided to adopt, and schedule another public hearing to act upon this 2/6/90 -4- 32:0024 recommendation. At that hearing there could be more discussion and a final decision made at the conclusion of the discussions. This is a serious issue and at the present time there is a great deal of confusion. Larry Hasbrouck, 2721 Caroline Way, stated, in part, that he has been concerned about the bulk of some of the houses being built. If the 35% concept is adopted, he feels Council needs to give thought to the setbacks and the angles. The boxlike houses are ugly. Linda Larew, 365 W, Las Flores Avenue, stated, in part, that the proposed sliding scale would not be enough, although she would favor it because it is more restrictive. San Marino has a similar sliding scale and it seems to have worked for them. I Jim Rostron, 422 Monte Vista Road, stated, in part, that he was responding ~the remark that the architectural review boards could control develop- ment in their areas. It is a very difficult problem to try to control things and keep them compatible, harmonious and not overpowering, but they do the best they can. If plans comply with all the ordinances, the board is compelled to approve it. He would prefer to see Council act tonight on this matter. Sandra Downie, 1430 Rancho Road, stated, in part, that she was not a homeowner yet but she hoped the City would go forward and be better in the future. No one else desiring to be heard, the hearing was CLOSED o~'MOTION by Councilmember Harbicht, seconded by Councilmember Young and CARRIED. Councilmember Harbicht commented that everyone present wanted what would be best for the community and wanted Arcadia to continue to be the fine community it is. He felt that the study session held January 10 had been a very productive meeting, with input from persons representing all areas of the City. The current R-l zoning allows lot coverage of 45% on any residentally zoned R-l piece of property in the City. Most of the concern expressed has been with regard to the two-story homes and revolved around the apparent bulk, encroachment on the property line and open space. After a lot of discussion it was the consensus that the 45% lot coverage limitation should stay in place for sngle-story homes, but to attack that specific problem of bulk, that a limit be placed on two-story homes of 35% lot coverage. He thinks that is a good sugges- tion. The sliding scale, discussed as a possibility, has a number of inequities and has been almost unanimously rejected. He would like to see Council take action this evening to cut back two-story homes to 35% lot coverage. Then he would like to recommend that Council send, to Planning Commission and' Planning Staff, a request to study further restricting setbacks to reduce bulk. MOTION Councilmember Harbicht then MOVED to direct the City Attorney to bring back to Council a change in the zoning ordinance restricting two-story home construction to 35% of the lot area, seconded by Councilmember Young. I Councilmember Lojeski commented that he felt this action would produce only a band-aide effect. The problems of bulk and mass still need to be addressed, as well as the height of two-story homes. However, this is a step in the right direction, but Council will still need to address the angles and setbacks .,. this is the only way to reduce mass and bulk. Councilmember Young stated that she felt it to be essential to work on the question of the angles and set-backs. The step in approving the 35% area limitation of two-story homes is a step which can be taken tonight. She would like to have staff come back to Council with the other information as quickly as possible so that the next step may be taken. Mayor Chandler commented that a lot of the discussion centered around large lots because a lot of representation came from the homeowner groups represented by ARBs. where there are large lots. However in the 'City there are many 7,500 sq. ft. lots and he is concened about those homeowners, He is adamant that the 45% lot coverage for single-story homes remains; single-story homes have not been the problem; it's the two-story homes that are the problem. This also affects homeowners who wish to remodel their single-story homes. 2/6/90 -5- MOTION ROLL CALL 2. PUBLIC HEARING (Considera- tion - Proj ect$ for 1990/91 CDBG FUIlds) (APPROVED) OPIO ltic/;'J ~11 32:0025 At the request of Mayor Chandler, Councilmember Harbicht restated the MOTION to direct the City Attorney to bring back an ordinance restrict- ing two-story home construction to 35% of the lot area, seconded by Councilmember Young. Councilmember Lojeski noted that it was interesting to look back historically in the City and know that at one time a property owner was required to build a house of at least a certain size. This seems to have gone full circle now to restrict sizes of houses. He hopes future Councils will accept a challenge to eliminate development of sub- standard lots in the future. AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmember Gilb I Councilmember Young reiterated that she would like to see staff come back with information so Council can proceed with building envelope ideas. Councilmember Harbicht noted that it'~ould have to be directed to the Planning Commission first, Councilmember Lojeski noted this might be an item to be included in the next City Newsletter. The City has been advised by the Community Development Commission that Arcadia will be receiving approximately $223,611 in Community Develop- ment Block Grant Funds for fiscal year 1990-91. The CDC has notified staff tht the City must submit their 1990-91 cost and project summary to the County no later than February 15, 1990. This report is contained within the staff report dated February 6, 1990. Councilmember Lojeski noted that the low/moderate income homeowners' home improvements projects will benefit only about 16 households. Staff replied it is necessary that it be included. Councilmember Harbicht requested and received from staff an explanation of the street lighting conversion from series circuits to multiple circuits to cut electrical energy cost. Mayor Chandler declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Council APPROVE allocation of funds as outlined in Cost Summary dated February 6, 1990 and AUTHORIZE the City Manager to execute the Memos of Understanding which are submitted to the County after a specific project is formally approved by the City. I AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmember Gilb 3. PUBLIC On May 2, 1989, the City Council, after petitions from property owners HEARING and public hearing, authorized the Superintendent of Streets to construct (Street lightlngimprovements on Kingsley Drive and in accordance with the provisions Light of Chapter 27 of the Improvement Act of 1911. Work on this project has InstalL - been completed in accordance with plans and specifications. Attached to Kingsley Dr. the staff report is the Superintendent of Streets' report which summarizes Job No. 653 the cost of the project, the properties benefitted, and the property (Assessment by owners' share of the cost" and maps showing the locations of the new Light'g Dist, street lights, The Superintendent of Streets recommended approval of (APPROVED) Alternative No, 3 in the report which will provide for payment to the ~ , ~ City in annual installments not to ex, ceed ten years with a maximum v"/' "'IJ v, './ . interest of seven percent per annum. After confirmation, an owner has /("1(/'/ t.{.; I- ,/ '. ,'v ten days in which to pay the total assessment after which a lien is '" 2/6/90 -6- oQ30 . ~W kf~J$I" / ex, RESOLUTION NO. 5517 (ADOPTED) I RESOLUTION NO. 5518 (ADOPTED) OqJ()o.je') krn Q" /, ! f.)r c 4. OGU)- t/b (vJ/> 06 ~().<I, N,:rP I 32:0026 filed and entered on the County Assessment Book and collected by the City Treasurer. Mayor Chandler declared the hearing OPEN. No one desiring to be heard. the hearing was CLOSED on MOTION by Councilmember Young. seconded by Councilmember Harbicht and CARRIED. The Superintendent of Streets read the title of Resolution No. 5517: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA. DETERMINING THAT THE PAYMENT OF CERTAIN ASSESSMENTS UNDER THE IMPROVEMENT ACT OF 1911 MAY BE MADE IN ANNUAL INSTALLMENTS (KINGSLEY DRIVE)" and Resolution No. 5518: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE COST OF THE INSTALLATION OF STREET LIGHTS AND ASSESSING THE COST AGAINST THE ADJACENT PROPERTY OWNERS PURSUANT TO THE IMPROVEMENT ACT OF 1911 (KINGSLEY DRIVE)". It was then MOVED by Councilmember Young, seconded by Councilmember , Lojeski and CARRIED on roll call vote as follows that Council ACCEPT the Superintendent of Streets' Report and that Resolutions No. 5517 and No. 5518 be and they are hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht. Lojeski, Young and Chandler None Councilmember Gilb AUDIENCE PARTICIPATION Eileen Stephen. 30 year resident at 1000 South Fourth Avenue. stated. in part. that when her property on Fourth Avenue came before the Planning Commission for a lot split by local developers. she had not been notified. The list of property owners required to receive notification did not contain her name. A court case ensued and she won her case. In reference to a wall constructed on Scott Place. when she requested certain public papers from the City she was evicted from City Hall. - .' , Phil Morrone, 358 West Le Roy Avenue. stated. in part. that he and many other residents of the City are very concerned about the condemnation proceedings involving the Northwest Corner Project. A number of residents are being moved out of their homes .., this is always a difficult and sad situation ... a weighty issue for the Redevelopment Agency. The value of a person's property is the issue here ... everyone is concerned about the value of their property. He is interested in fairness and justice and would appeal to the Council. as our elected representatives, to work at trying to fairly compensate those who are being moved out of their homes. The law makes provision .,. and may be interpreted as indicating that homes for them have to be found in the same city. Mr. Marrone reiterated that the important thing is that justice and fairness are kept in mind and they be given just compensation for their property. Robert Willson.1535 Loganrita. stated. in part. that since the Agency adopted ARA Resolution No. 155 on January 16. 1990. which starts the condemnation of his commercial property with seven rental units. he has been overwhelmed with phone calls and letters from persons informing him of their frustration with the City in connection with redevelopment situations. Some of these people. he noted. "had spent hundreds of hours and hundreds of thousands of dollars in fighting the City of Arcadia in order to get a fair and just reward for their property". He is sending a counter offer to the Agency for the land and building. Mr. Willson claimed that a house 20 years older than his building on Second Avenue. with a lot size approximately the same. sold for $562,000 to be demolished. This is $210.000 more than the Redevelopment Agency has offered him for his property on Second Avenue. In reponse to the Agency's suggestion at the January 16 meeting that he obtain a legal appraisal of his property. he has since received four quotes at $4.000 to $5.000 each ... a new appraisal is in order ,and perhaps it should be obtained by the City of Arcadia '" and not necessarily from one of the lowest bidders. 2/6/90 -7- iJ6 gD - /J~ NJP O~/(-.' G 60 IM'H' OCl6() . t,: t-j.. 32:0027 My name is Margaret Torres, I' m speaking to you regarding the property on 157 Wheeler. My roots are in Arcadia. I was born and raised here. My family has lived in Arcadia since 1920, when my grand- father moved his family here. My dad and mom, Don & Jovita Cordova, brought this 8,000 square foot lot from my uncle, Al, who three years before that in 1937 received a Grant Deed signed by Anita Baldwin, Our home was built in 1940. My grandfather, dad and uncles built it. Two of my brothers were born there, back when the doctors were still going to the houses. So they were born at the house. My mom was proud and loved her home. She passed away in 1977; and my dad, 2 years ago. As much as I love them and miss them, I thnk God that they are not going through this. Since 1973 when the redevelopment plans were adopted, they suffered mental anguish every time they received a notice from the City regarding this subject. Our parents wondered what they would do when they would have to leave their home, which they thought could be at any time. I really feel for the people that have to move, I either from their homes or business. It has been stressful for me, and I'm not even being evicted What you acquire through your life, you hop will make your years -- your later years -- financially easier. But you don't count on the City being so heartless and forcing you out. Th . City has declared this a blighted area, but the right to improve or remodel our property has been taken away from us. Even to put a much- needed roof, we were told it would be money wasted, The most blighted thing in the area is the City streets and the towing impound lot. How could you say that $184,000, which was our original offer, is a fair offer because of the blighted, undesirable M-l zone area 'located between the railroad and the freeeway when places like the'Marriot, Embassy Suites and the Auto Club contradict this? How can you call it a fair price when we feel we are being chased out of Arcadia? We cannot go and buy something comparable in Arcadia for anywhere close to the final offer of $210,000, even though the four of us, my brothers and myself, are buying homes elsewhere, My dad wished that somehow this would help us to make our lives a little easier, Not only are we losing property that would increase in value because of its prime location and a source of rental income, but also a loss of our heritage, We are very disappointed with the City of Arcadia trying to take our land through eminent domain, Thank you. Scott Downie, 1104 Rancho Road, spoke briefly in opposition to the aerial spraying of malathion to eradicate the medfly in the City. He questioned the dosage that is being sprayed and the frequency; the effect on butter- flies, insects, rats and animals ". dogs, in particular, who are be- coming ill after eating 'grass which has been sprayed, He inquired if Council could do anything about the spraying in the City; is the spray- ing necessary and, if so, for what reason. Mayor Chandler responded that the malathion is a State program, The public should contact the State to express their concerns. The Mayor then read a letter from State Assemblyman Richard Mountjoy informing him that the Assembly Environmental Safety and Toxic Materials Committee has arranged a public hearing on the matter. The hearing is set for Friday, February 9 at 9:30 a. m, in the El Monte City Hall Council Chambers. Experts on the subject pro and con will be present to answer the concerns of the public. Councilmember Young announced that she will be present at the El Monte City Hall on Thursday, February 8 from 3 to 5 p. m. for a meeting of the San Gabriel, Valley Association of Cities on.the same subject. Councilmember Lojesk reported that a television news report indicated that Dr. Mark Lappe, the chief doctor who originally conducted the initial study on malathio has stated that, "now the people of California are just not getting a square deal from Sacramento", and the problem lies with the repeated sprayings over a concentrated period of time, Dr. Lappe felt that alternatives are available. Barbara Schmidt, 1210 Greenfield Avenue, stated, in part, that she. was present to ask the City Council to adopt a resolution or take some action representing our City stating that we want to call a halt to the malathion spraying. She does not challenge the State's position that the medfly must be eradicated .., her concern is with the flagrant use of the toxin malathion. There are alternatives and they are effective. The City, according to Mrs. Schmidt, will be sprayed with malathion 12 to 20 times within the next five months, Arcadia is now on a 21-day schedule and in June of this year will be on a 7 to 10-day schedule, She noted that she 2/6/90 -8- I I Oef6rJ .(if I .. ' , flJ,-} o C/(,l)- t.<.J fII$.' ()J~;O 6() /'IsP 32:0028 has provided some of the Council with documentation in support of the position that malathion is really more toxic than the public has been led to believe by the State. Mrs. Schmidt had provided Council with a dozen additional studies on the ill effects of malathion and cited references from the World Health Organization and various other associations and institutions which all state that malathion and its byproducts are harmful to people and the environment. The delicate balance of nature, which is being upset by the spraying was mentioned by Mrs. Schmidt. It is her opinion that the State of California has yet to produce substantive documentation proving malathion safety. Dr. Lappe's disavowal of his own report was again mentioned as well as other notable persons in opposition to malathion spraying. Mrs. Schmidt noted that there has been no environmental impact study to date. Financial figures were put forth in support of her views. A list of cities was read aloud who have passed resolutions calling for a halt to the sprayings, In closing, Mrs. Schmidt commented that there are still too many questions about the potential dangers to a~low the continuation of the spraying over Arcadia. She asked that the Council "formulate a resolution expressing the residents' outrage with the repeated bombardment of toxins over our lovely City", and, "calling a halt to the spraying and in support of exploring alternative methods to eradicate the medfly". Dick Winslow, 245 Longley Way, an Arcadia resident since 1950, stated, in part, that he is a chemical engineer, mainly retired. He was present to "speak pro malathion spraying, at least for the current'season". Mr. Winslow commented that he has no connection with any pesticide plant design operation or California agricultural business. He is a careful reader of scientific journals and the well researched material that appears in the press. In reference to the Dr. Lappe report on television news, he had already read an article in the Los Angeles Times on the history of the Santa Cruz experience with the medfly, and the report of which Dr. Lappe was a co-author. It is Mr. Winslow's opinion that Dr. Lappe took a worse case scenario and came up with the project:!.on that this would increase the incidence of cancer by six in a milllon ,.. this, according to Mr. Winslow, was a nonsense figure~ Five years after the Santa Cruz thing and five years after Dr. Lappe's report, the National Cancer Institute had stated that malathion is not a carcinogen. Further, Mr. Winslow recommended that before Council considers a resolution, they read the article in the Times because the Times has done a lot of work on this and has talked with many people. Margie Jennings, 1201 San Carlos Road, spoke in opposition to the malathion spraying, stating, in part, that she is a casualty of chemical toxins. She was exposed in her home two years ago and became very ill. Doctors have diagnosed her as having environmental illness caused by chemicals. After much research, she has gained a lot of knowledge into chemicals and chemical sensitivities. Ms. Jennings further stated that she is 'unable to stay in her home due to the spraying because of a possible relapse of her condition. Ms. Jennings offered her services to the City to represent Arcadia in whatever way she can with respect to the malathion spraying in the City. Bruce Schmidt, 1210 Greenfield, stated, in part, that he and his family have lived in Arcadia for nine years. In reference to the malathion issue, he equated this to the issues of DDT, Agent Orange, fluorocarbons, Three Mile Island, and Valdex oil vessel issues. Experts, according to Mr. Schmidt, have said the public has nothing to be concerned about on any of these issues. It is his belief that the malathion spraying does not often affect adults, but it may have an effect on the immune systems of children. The lasting effect of this is not known. Also cited was the spraying schedule of every seven days in the 'heat of summer. Moreover, it is his belief that the sprayed chemcial will hang in the air against the San Gabriel Mountains and the State will not use an alternative method to eradicate the medfly until forced to do so. Mr, Schmidt also noted that the helicopters used for spraying are too low, this, he views as an invasion of civil and private rights. The spraying is not only obnoxious and inconvenient but leaves the residents totally out'of control of the situation. In reading the article in the Los Angeles 2/6/90 -9- 5. CLASSIFICATION MODIFICATIONS (Storekeeper, Water Foreman, Water Quality/ Backflow Insp., Water Serv.Rep. & Purch. Off.) (APPROVED) O,~ f)O.IC) i/t ,(j." 6. 7 . 7a. ROLL CALL 7b. MINUTE APPROVAL (Jan. 16, 1990) (APPROVED) 7c. HEARING RP;. EMINENT DOMAIN PROCEEDINGS (Cordova) (CARRIED OVER TO FEB. 20, 1990) 06t'O.i.J(; t.el fk.....9(J1,VIl,)N 32:0U2Y Times, nothing in it led him to the conclusion that he feels safe with the toxins being dropped on his head and house. Arcadia needs to take a stand as other communities in the area have done to resolve to halt the medfly spraying ... in the best interests of our community. BOARDS AND COMMISSIONS The Personnel Board, upon review and consideration, recommends modi fica- tionsto five class specifications: Storekeeper, Water Foreman; Water Quality/Backflow Inspector; Water Service Representative; and Purchasing Officer, as outlined in staff report dated February 1, 1990. It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that classification mOdificatil for Storekeeper; Water Foreman; Water Quality/Backflow Inspector; Water Service Representative; and Purchasing Officer be APPROVED. AYES: Councilmembers Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: Councilmember Gilb CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Harbicht, Lojeski, Young and Chandler Agency Member Gilb On MOTION by Agency Member Young, seconded by Agency Member Harbicht and CARRIED, Agency Member Gilb was EXCUSED. On MOTION by Member Lojeski, seconded by Member Harbicht and CARRIED, the Minutes of the Meetings of January 16, 1990 were APPROVED. Member Lojeski commented that there is an outside, remote possibility of conflict of interest regarding the following three items; he will ABSTAIN. Resolution No. ARA-149 set a hearin3 for this .date on the commencement of eminent domain proceedings for the Cordova property at 157 East Wheeler Avenue. The Assistant City Manager for Economic Development noted that because of the absence of Member Gilb and because Member Lojeski has declared a conflict of interest, the voting size of the Agency is reduced to three members. Consideration of this issue requires four votes. It would then be appropriate to carry this item over to the February 20, 1990 meeting. Mrs. Torres, representing the Cordova family, had addressed Council and Agency earlier in this meeting at I the Audience Participation segment. She was informed that she could address the Agency at this time or at the February 20, 1990 meeting. She declined to speak. It was then MOVED by Member Young, seconded by Member Harbicht and CARRIED on roll call vote as follows that the hearing regarding the eminent domain proceedings in connection with the property owned by the Cordova family ~t 157 East Wheeler Avenue be CARRIED OVER TO FEBRUARY 20, 1990. AYES: NOES: ABSENT: ABSTAIN: Members Harbicht, None Member Gilb Member Lojeski Young and Chandler The City Attorney added that Mrs. Torres' remarks will be made avail- able to Member Gilb who is absent from this meeting. 2/6/90 -10- 7d. HEARING RE. EMINENT DOMAIN PRCiCEEDINGS (HopI' - 160 The Assistant City Manager for Economic Development stated that the E. Htg.Dr. Agency has accepted the counter offer of Mr. HopI' and, as advised (NO ACTION) at the start of this meeting, there is no necessity for any further i act10n this evening. 06~0'1/'" . Cd fJc6J.fl/SI'-"':'V 7e. HEARING RE. CONDEMNATION PROCEEDINGS (Technar - 125 N. Second Av.) (CONTINUED TO MARCH 20, 1990) 32:0030 Resolution of eminent Drive. No. ARA-152 set a hearing for this date on the commencement domain proceedings for the HopI' property at 160 East Huntington Request ro continue hearing to consider adoption of a Resolution of Necessity instituting condemnation of certain real property at 125 N.Second Avenue (Technar). The Assistant City Manager for Economic Development stated that the Agency has come to some terms with Technar. The agreement is somewhat complicated because of the Agency's need to assist them in the construction of a replacement parking lot at 215 N. Second Avenue. There is an agreement in concept but the mechanics need to be worked out as to how this will take place. It is proposed , h~ that the adoption of the Resolution of Necessity be continued to Oc, 8'() '1V March 20, 1990. W {;~,'/:;N tTivtf It was then MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call vote as follows that the hearing to consider adoption 0 Resolution instituting condemnation of real property, 125 ~. Second Avenue (Technar), be CONTINUED TO MARCH 20, 1990. I AYES: NOES: ABSENT: ABSTAIN: Members Harbicht, Young and Chandler None Member Gilb Member Lojeski 7f. REQUEST FOR PROPOSALS (RFP) (Indiana St. at First Av.) (APPROVED) ~7 Member Harbicht inquired if a minimum price had been set in other 06 VO.. RFP's. Staff replied they had not. This was unusual because of the vac !rlcl"llifl 6:IJsize of the parcel and there is already an appraisa.l in hand. Also, there is no requirement that this parcel be developed. Members Is~ Harbicht and Lojeski noted they were bothered by this establishment of a minimum price because it might exclude some developer who wished to pay less. A desirable proposal might be received for slightly less money. Member Young suggested they might start with the ruinimum price and see what happens. Member Lojeski would prefer to see what is avail- able. Member Harbicht noted that the Agency is still in a bid situation. Staff noted that the Agency wanted to set a floor price so it would not get into a situation of people under-bidding for the property; it is hoped that bidders will at least make the minimum bid and, hopefully, a little more. The language can be made less restrictive. I Request to solicit Request for Proposals (RFP's) for the potential development of an 8,920 sq. ft. parcel just North of the Avis property on First Avenue by the railroad track. The proposal is set forth in detail in staff report dated February 6, 1990. The Agency proposes to go to the smaller developers in the Arcadia area; this will be less complicated and have fewer reqquirements than the usual RFP. It was MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call vote as follows that the language in ITEM NO. I be changed to an expectation of that price as opposed to a minimum, and AUTHORIZE and DIRECT staff to circulate the Request for Proposals to the,local development community. AYES: NOES: ABSENT: Members Harbicht, Lojeski, Young and Chandler None Member Gilb 2/6/90 -11- '. 7g. LITIGATION COUNSEL (ARA v.KIEWIT) (Rjchard Terzian of Adams, Duque and Hazeltine) AYES: (APPROVED) NOES: f)(; f. ~ $-0 , ABSENT: /)1\ IJ 1/, /<:: I {' (\) d- 7h. ADJOURNMENT 8. 9. 9a. FINAL MAP 45361 (127 - 139 Alta St.) 9b. FINAL MAP 47234 (1715 - 1723 South Baldwin Av.) tJ~ '(5() A(2 'IF' (1"4 ~: J ~ 32:0031 It was MOVED by Member Lojeski, seconded by Member Harbicht and CARRIED on roll call vote as follows that the retention of Attorney Richard Terzian of Adams, Duque and Hazeltine as litigation co-counsel in the case of ARA v. Kiewit, at an hourly rate not to exceed $195.00, . be RATIFIED. Members Harbicht, Lojeski, Young and Chandler None Member Gilb The meeting ADJOURNED to 7:00 p. m., February 20, 1990. CITY COUNCIL RECONVENED I CONSENT ITEM APPROVED Final Map 45361 for a proposed 10-unit residential condominium project at 127-139 Alta Street (Woon Peng Chen, general partner in the development of the site), subject to the condition that before the Final Map is recorded, all outstanding conditions of approval, as outlined in Public Works Department report dated August 23, 1989, shall be complied with to the satisfaction of the Director of Public Works. APPROVED Final Map 47234 for a 9-lot subdivision at 1715 - 1723 South Baldwin Avenue (Ken Huang, engineer of the proposed sub- . division), subject to the condition that before the Final Map is recorded, all outstanding conditions of approval, as outlined in Public Works Department report dated January 31, 1989, shall be complied with to the satisfaction of the Director of Public Works. 9c. SEISMIC STUDY This item considered separately. (See Page 13) OF CITY'S WATER RESERVOIRS - W.O. 675 (James M. Montgomery, Consulting Engrs. ) (CONSIDERED SEPARATELY) 9d. e;l ~ '[/f) -:.::. ~() CITY PROPERTY DECLARED SURPLUS (Indiana St. at First Av.) ge. UNIFORM PURCHASE (Police Dept.) o S ,"f"~' ~ \ "'l v 1/ ~~./) 9f. EQUIP. PURCHASE (Police Dept.) (Seven Police Patrol Vehicles) ;J\..".' . /,/: '\) /"?D FIND that the property located generally at the Southeast corner of santa Clara Street and First Avenue (Location Map, Attachment #1 to staff report dated February 6, 1990) is surplus property and DECLARE its intention to sell at a fair market value to the Arcadia Redevelop- ment Agency for development purposes. ACCEPTED bid from Mr. Man's of El Monte to accommodate Police Depart- ment annual uniform requirements for purchase and replacement at $336.90 each for New Police Officer uniforms and $2~6.67 each for Senior Police Officer uniforms. I AWARDED contract, in cooperation with Los Angeles County, for the purchase of seven vehicles from Maurice J. Sopp and Sons Chevrolet in total amount of $109,798.64. Funds for the purchase of the seven vehicles are budgeted in account 302 400 2107 8701, Capital Outlay Fund FY 19~9-90 in the amount of $119,805.00. 2/6/90 -12- 9g. I .. ,', CONFIDENTIALITY AGREEMENT RATIFICATION (Newco Waste Systems, Inc.) 06,'XO_{., ' tJ~r'!tfJ I 9c. SEISMIC STUDY OF CITY'S WATER RESERVOIRS - W.O. 675 (James M. Montgomery, Consulting Engrs.) (APPROVED) 0750-7(J) Ser~o.~' Sh, I 10. lOa, COMMERCIAL & INDUSTRIAL ZONE PARKING SURVEY (RECEIVED AND FILED) ".~ S;;. ~ 0 '15 5.J"';j 32:0032 RATIFIED Confidentiality Agreement as signed by the City Manager to assure non-disclosure of financial information necessary for part of the evaluation of Newco as sucessor-contractor to the City's Exclusive Residential Refuse Collection Agreement with Best Disposal. Legal authority including the Public Records Act supports the non- disclosure of pre-qualification financial statements. ALL OF THE ABOVE CONSENT ITEMS, WITH THE EXCEPTION OF ITEM 9c, WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCIMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chandler ! Staff's review of the five proposals received'for seismic study of City's water reservoirs indicated that the firm qf James M. Montgomery is the most qualified consultant to perform this study,and that their extensive technical expertise justifies the additional cost of $5,900 which is the difference between JMM's fee and the lowest fee submitted. Councilmember Harbicht expressed his concern that the lowest bid had not beenaccepte'd and ~nquired if the lowest bidder waS not as qualifie'd as James M. Montgomery, Consulting Engineers. Also he noted that the lowest bidder was an Arcadia firm. Staff responded that JMM had more experience and expertise and outlined how the proposals had been I evaluated, in compliance with Senate Bill 419, effective January I, ){1990. Evaluations of the proposals w~re based on five separate factors; of particular interest were the resumes of the project team personnel and similar work performed for other agencies. JMM was chosen because of the apparent more relative experience of the project team and the firm in the reservoir construction/rehabilitation/structural analyses. The City Attorney added that Government Code Section 4526, as applied to cities, including charter cities, is a law that has been in effect for the states for a number of years. The idea of it is to avoid necessarily going to the lowest cost with regard to important engineer- ing matters which could evolve into safety factors: The other firm may be qualified but the state has precluded the City from looking directly at costs as a factor. Cities are mandated now to make the selection for professional services on the basis of demonstrated competence and professional qualfifications. Councilmember Harbicht commented that he was convinced that staff had studied this matter very carefully and MOVED that Council APPROVE Engineering Agreement to retain James M, Montgomery, Consulting Engineers, Inc" to perform the Seismic Study of the City's reservoirs for a "Maximum Not-To-Exceed Fee" of $95,400; AUTHORIZE the Mayor to execute the Engineering Agreement as approved as to form by the City Attorney; APPROPRIATE $15,000 from the Water Fund for additional fees and contingencies. Seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chandler CITY MANAGER This parking study was requested by the City Council. Staff believes that the City's parking requirements for individual uses are not too restrictive and should not be changed with the following exceptions: banks, savings and loan and financial institutions, manufacturing and medical and dental offices. Councilmember Harbicht noted that he thought this to be a 'well-done report. Council's concern in request- ing it is that there were so many charges that A,cadia's parking is 2/6/90 -13- lOb. REFUSE AGREEMENT TRANSFER BEST DISPOSAL TO NEWCO (APPROVED) tJ !-<"It) 0 (A,) N.'~ ' . "". c 11. 11a. RESOLUTION NO. 5519 (ADOPTED) (;)(I..,~' ~ II() r /)t\ f\ restrictive. He sees no compelling reason to make the relatively minor changes discussed in the report; Councilmember Young agreed. Councilmember Harbicht would not be opposed to eliminating compact parking spaces; they are not used just by the compact cars. Mayor Chandler agreed this should be kept in mind as separate projects come to CounciL It was then MOVED by Councilmember Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to RECEIVE AND FILE the report on the parking study. AYES: NOES: ABSENT: Councilmembers Harbicht, Young and Chandler Councilmember Lojeski * Councilmember Gilb *For the reason that this Council has consistently shortened the park- ing requirements. The report was a timely report and there are I instances where parking requirements are too restrictive. He would like to see the report turned over to the 'Planning Commission and come back to the Council. He thinks some leniency can be given. , The City has received an official request from Best Disposal to transfer all obligations and responsibilities for the existing "Exclusive Residential Refuse Agreement Between the City of Arcadia and Best Disposal" from Best Disposal to National Environmental Waste Corpora-' tion (NEWCO). The current agreement requires approval of, the transfer by the City Council. In reviewing NEWCO's performance, financial and operation references, each area received high praise and recommendations. NEWCO has agreed to abide by the current agreement with Best Disposal; the automated collection process in conjunction with the recycling program will continue in the manner originally developed by Best Disposal. Refuse rates are not due to increase until July 1, 1990, per original agreement. Best Disposal has filed Chapter 11 proceedings in bank- ruptcy court, among other things, for the purpose of obtaining a court order approving the sale of assets to NEWCO. Such an order will permit NEWCO to assure its performance of all the obligations und~r the residential refuse hauling agreement with Arcadia, in order to protect the health and safety of Arcadia's citizens. NEWCO will continue to negotiate with Best for the purchase of the business assets of Best and both parties will endeavor to get an early approval by the Bankruptcy Court of the NEWCO/Best transaction. The City Attorney noted that the transfer agreement is subject to some minor revisions. Council- member Harbicht inquired if the Financial Director had received all the necessary financial information abollt NEWCO. Staff replied that he had. It was MOVED by Councilmember Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that the proposed transfer of the "Exclusive Residential Refuse Agreement Between the City of Arcadia and Best Disposal" from Best Disposal to National Environmental Waste Corporation, subject to the May 1, 1990 deadline; City approval of the Definitive Agreement between Best and NEWCO, and the requirement that Best and NEWCO execute a Transfer Agreement as prepared by the City Attorney,be APPROVED. AYES: NOES: ABSENT: I Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmember Gilb CITY ATTORNEY In reference to the City of Arcadia's Emergency Disaster Plan, a copy of which had been presented to each Councilmember, Mayor Chandler stated that this is quite an energetic endeavor undertaken by City staff; a lot of money has been allocated by Council; the City Manager has directed this for the safety of all of us. This Plan will be available at the City Hall. It is good that the residents are aware of it; it is a large volume but the staff knows how to use it because they spent so much time building it. He is sorry the press is not here; this is a good thing that the City has done for the safety of th~ people; Arcadia is far ahead of most communities in this regard. 2/6/90 -14- I llb. RESOLUTION NO. 5520 (ADOPTED) Ot.fc.f 0 - ", tJ I q 't; C/. tit) I llc. RESOLUTION NO. 5521 (ADOPTED) O'~ , ,( I ~\ '" < Q r-c..r I. -Iff() lld. RESOLUTION NO. 5522 (ADOPTED) O~, ..f\ o,:.".Q / , ;( I ,,--; ~ '. t ~I 32:0034 The City Attorney presented and read the title of Resolution No. 5519: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING THE CITY OF ARCADIA EMERGENCY PLAN". It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5519 be and it is hereby ADOPTED. Councilmember Young noted that she had heard a talk at Caltech by Professor Housner who is the earthquake specialist there; he commented that it is most essential for cities to be prepared because the big one, according to his 150 year program, is due tq come shortly. She felt good knowing that staff has done this work. Councilmember Harbicht noted that it is unfortunate that this comes at the end of the meeting after the press and ninety percent of the people have departed. This is probably one of the most significant things going on in our community right now. He does not think there is another community in California that is as prepared as Arcadia is for disaster. He hopes we do not have to use it but if we do, we're ready. He is proud of the City Council and City Staff for putting this together and allocating the resources that we have toward having this ready. This is the sort of thing that makes this community special. Copies of the Emergency Plan are avilable at City Hall, Fire and Police Depart- ments and City Library. AYES: NOES: ABSENT: Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chandler The City Attorney presented and read the title of Resolution No. 5520: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF. (PUBLIC HEARING FEBRUARY 20, 1990)". It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5520 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmember Gilb The City Attorney presented and read the title of Resolution NO. 5521: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING CERTAIN PROCUREMENT PROTEST PROCEDURES AS REQUIRED BY THE FEDERAL URBAN MASS TRANSIT ADMINISTRATION (UMTA)". It was MOVED by Councilmember Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5521 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Y~ung and Chandler None Councilmember Gilb The City Attorney presented and read the title of Resolution No. 5522: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR THE OPERATION OF THE CITY OF ARCADIA DIAL- A-RIDE FOR FISCAL YEAR 1989-90". 2/6/90 -15- 12. 13. HARBICHT (PTA Service Awards) NS!' YOUNG (Lannea Melzian Water Color) tV oS r~ LOJESKI (In Memory of Dr. John F. Stewart) I;; "..: :"" 14. ADJOURNMENT (Feb. 20, 1990, 7:00 p.m.) ATTEST: 32:0035 It was MOVED by Councilmember Ha~b icht.,' .,' mded by Councilmember Young and CARRIED on roll cal I vote .!' f"J '..JWS that Resolution ~o. 5522 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chandler MATTERS FROM STAFF Mayor Chandler noted good job done by staff on the Emergency Plan. MATTERS FROM ELECTED OFFICIALS I He attended the PTA Council on behalf of the City and gave out honorar service awards. The two recipients were Marilyn Daleo, also on our Library Board, and Jo Ann Scott. Congratulations are in order. Noted that Lannea Melzian had offered to the City a water color painting of a peacock in the Arboretum. This to be donated in honor of Lyle Cunningham, It was the consensus of Council that the picture be accepted. "A long-standing friend of mine and a fellow dentist in the community, Dr. John F. Stewart, passed away; he was 67 years old. He passed away January 23, 1990, due to a heart condition. John (Jack as he was known to his friends) was born in Omaha, Nebraska; he moved to California in 1960; practiced dentistry in the Arcadia area until his retirement in 1988. I had occasion as a youngster in this community, while going to Arcadia High School, to meet Jack. He was President of the Arcadia Rotary Club at the time. He kind of uniquely held membership in both the Arcadia and Temple City Rotary Clubs. He was one of the charter members of the Rogues in Arcadia; the Arcadia Mounted Police, Callfornians for Nebraska. He was a graduate of Creighton University and had a long- standing affiliation with the University and actually served on the Arcadia Planning Commission from 1966-1968. Jack resigned in 1968 to run for City Council, and was in a race in a year when Jim Helms was elected. He passed away January 23 due to a heart attack and is survived by his wife, Jean; his mother, Mrs. Ralph Stewart of Sun City; three children; three grandchildren. Services were at Live Oak Memorial Park. In lieu of flowers, donations may be sent to the American Heart Association. The City of Arcadia has lost another long-standi~g, hard working supporter and we will miss Dr. John F. Stewart." At 10:14 p. m., the meeting ADJOURNED to 7:00 p. m., February 20, 1990 in the Chamber Conference Room to conduct the business of the Council and Agency and CLOSED SESSION, if any, necessary to discuss personnel, litigation and evaluation of properties. I \ 2/6/90 -16-