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HomeMy WebLinkAboutAPRIL 3,1990_2 0/10 - 5"0 0-'/03<16 CC 32:0065 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERl( I I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Mar. 20, 1990) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION LANNEA MELZIAN PAINTING illS? CERT. OF COMMENDATION "PURE INTENSITY" SOCCER TEAM IlIJi'" MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING APRIL 3, 1990 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:35 p. m., Tuesday, April 3, 1990 in the Arcadia City Hall Council Chamber. Mr. Larry Daines, Church of Jesus Christ of Latter Day Saints Counci1member Robert C. Harbicht PRESENT; Counci1members Gilb, Harbicht, Lojeski, Young and Chandler ABSENT: None On MOTION by Counci1member Young, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Adj ourned and Regular Meetings of March 20, 1990 were APPROVED. Councilmember Gilb ABSTAINED, since he was not present at the March 20, 1990 meeting. It was MOVED by Counci1memb~r Lojeski, seconded by Counci1- member Gilb 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 this evening, pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator, Mr. Kinnahan, in regard to the potential acquisition of two properties. One is the Derby property at 233 Huntington Drive and negotiations with the Sturnio10 family. The other is the Martinez property at 121 North Second Avenue and negotiations with that family and their Attorney, Lawrence Bragg". PRESENTATION Artist Lannea Me1zian presented one of her water color paintings of a peacock to the City in memory of Lyle Cunningham who had, during his years in Arcadia, been untiringly dedicated to the best interests of Arcadia. This painting was accepted by Mayor Chandler and Councilmember Young with appreciation. PRESENTATION Mayor Chandler and Councilmember Harbicht introduced the coaches and members of the Arcadia Soccer Team, "Pure Intensity". The team won this year's State championship. -1- 4/3/90 1. PUBLIC HEARING T. A. 90-001 (Single-Family Dwellings; Bldg. Ht.; Equip.& Fac.; Swimming Poo1@ & Spas; Equine Animals; Animals & Fowl) (APPROVED) O~80-ft,S- Tit CfO-O()j 32:0066 Coach Sami Rawc1iff and members of the team were :presented with the Mayor's Certificate of Commendation in recognition and appreciation of their efforts and accomplishments. Congratulations were extended by the Mayor and City Council Members. The Planning Department throughout the year will be reviewing the zoning ordinance and proposing text amendments to: (1) clarify certain sections; (2) provide better continuity within each zoning designation; (3) make the zoning regulations more comprehensive; and (4) eliminate inconsistencies and redundancy within the code. Text Amendment 90-001 will clarify, amend and add wording relating to "Single -Family Dwelling", "Building Height". "Equipment and Facilities" , '~wim ming Pools and Spas", "Equine Animals" and "Animals and Fowl" in the R-O, R-M, and R-1 zones. Staff called attention to correspondence on this matter which had been transmitted to the Planning Commission and the correspondence from Mr. Harold Ellis. I Mayor Chandler declared the hearing open. Harold Ellis, 1504 South Eighth Avenue, stated, in part, that he maintained 13 - 14 horses on his property and presented to Counci1members a photograph of the horse keeping area on his property and noted that he felt that to be a responsible use of the property. He noted that he had submitted a letter in this regard to the Planning Commission and the City Council and, therefore, did not repeat those points. He inquired if the final decision was to be made by Council this evening. The City Attorney responded that, depending upon Council's decision, it was possible that staff would be directed to return to Council with an ordinance. That ordinance would then be read at the two following meetings and, if approved by Council, would go into effect thirty days thereafter. No one else desiring to be heard, the hearing was CLOSED on MOTION by Counci1member Harbicht, seconded by Counci1member Gi1b and CARRIED. Counci1member Gi1b inquired if this would bring the number of horses allowed on a piece of property to five. Staff replied that code already specified limit of five. Additional language has been added to the Code for purposes of clarification. In reply to a question from Counci1member Gi1b, staff replied that horses could be moved in and out; but no more than five at any given time. Counci1member Harbicht noted that he had read Mr. Ellis" letter, but, for the most part did not agree with it. , I It was then MOVED by Councilmember Harbicht that Council approve and file the Negative Declaration and find the text amendment will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. Counci1member Gi1b inquired if there is such a thing as allowing additional horses on a visiting basis or would that be hard to control? Staff replied it would be hard to control and that there are no provisions for such a situation, The MOTION by Counci1member Harbicht was Councilmember Lojeski and CARRIED on roll follows: seconded call vote by as -2- 4/3/90 I I 2. PUBLIC HEARING T. A. 90-002 (Light' g Req.; Storage Refuse Req.; Real Estate Signs.) (APPROVED) o '5"'?O-Gs- 11) QO-OOf). 3. 32:0067 AYES: Counci1members Gi1b, Harbicht, Lojeski, Young and Chandler None None NOES: ABSENT: Text Amendment 90-002 has been prepared by the Planning Deparcment for consideration in an effort to amend the lighting requirements, inside and outside storage refuse requirements and real estate sign regulations in the CPD-1, C-O, C-1, C-2, CoM and M-1 zones. Discussion ensued concerning the new proposal for size of real estate signs and Counci1member Gi1b noted that he has seen stores with full windows covered by signs. although 100% of a window may be covered for no more than thirty days during a year. In reply to a question, staff stated that banners may be put up on a permit basis for no more than thirty days during a year. Staff also noted that if' larger or additional signs were required, application could be made for modification, Mayor Chandler declared the hearing OPEN. No one desiring to be heard the hearing was CLOSED on MOTION by Counci1member Gi1b, seconded by Counci1member Lojeski and CARRIED. It was then MOVED by Counci1member Young, seconded by Counci1member Gi1b and CARRIED on roll call vote as follows that Council approve and file the Negative Declaration and find the text amendment will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. AYES: Counci1members Gi1b, Harbicht, Lojeski, Young and Chandler None None NOES: ABSENT: AUDIENCE PARTICIPATION Ed Zareh, 1051 Catalpa Road, stated, in part, that he has been encouraged to hear from Counci1member Young that, because of Ca1trans' plans to widen the 210 Freeway, there is a good possibility that a sound wall will be built. He is present tonight to encourage Council to have a will this time to see that Arcadia does not get left out as it did before in the matter of the sound wall construction, He briefly reviewed the history of the construction of the present 210 Freeway and the City's agreement with Ca1trans allowing them to come through Arcadia. At that time the construction of a sound wall was not part of this agreement. As a result, although the City and citizen groups have been doing everything possible to expedite the construction of the sound wall, all their efforts have failed. He suggested perhaps a public hearing might be set up so that residents in the areas near the 210 Freeway might be aware of Ca1trans' plans and also of the possible environmental effects on Arcadia. Mr. Zareh is keeping in touch with the Public Works Director in this regard. Counci1member Harbicht noted that the present City Council is committed to the construction of the sound walls. With regard to the proposed public hearing, perhaps it would be best at this time just not to "rock the boat". Ca1trans is giving the City exactly what it wants. The plans are being monitored and the Public Works Director will keep Mr. Zareh and the Committee apprised. Pete Nadell, General Manager, Newco, the City's new refuse contractor, 901 S. Primrose, Monrovia. was introduced by the City Manager. Mr. Nadell said that their transactions with Best Disposal have just been completed and chat Newco will be working on the streets of Arcadia at 6:00 a.m. the following -3- 4/3/90 4. 5. 5a. ROLL CALL . " 5b. MINUTE APPROVAL '(Mar.20. 1990) . ,{APPROVED) 5c. DEMOL. CONTRACT (170E. Htg.Dr.) (APPROVED) 06 Ie fJ _ tfrj S (,.) CO,.,," t 32:0068 morning. The Transfer Agreement will be delivered to the City. Manager's Office tomorrow. In answer to questions from Council, Mr. Nadell said the same drivers would be working and the equipment will be from both companies. Sam Carde1ucci, Owner, Newco, 901 S, Primrose, Monrovia, was also introduced and welcomed to the City. John Tarazi, 1827 South Third Avenue, stated, in part, that he is a chemist and that the company he works for manufactures home and garden fertilizers, insecticides and herbicides. He is present to commend City Council for adopting Resolution No. 5524 regarding the malathion aerial spraying, but feels Council should have made it stronger. He had been manufacturing and packaging it for some years; last year I he did not renew his contract because he did not want to expose his employees to it. He referred to publications stating that malathion is toxic to humans: attacking the nervous center system; absorbed through the skin, inhalation and digestion. It is one of the most toxic insecticides used in industry. He feels that the whole matter of malathion spraying has been whitewashed to reassure the public. Scott Downie, 1430 Rancho Road, was present to address the proposal to widen Orange Grove Avenue. He feels this will generate a great deal of speeding traffic unless stop signs are posted. The City Manager responded that Council has no position on this matter as yet. The cities of Arcadia and Sierra Madre are studying the need for improving the roadway and the cost of such widening. When completed, the study will be reviewed by both cities and recommendations will be made. At that point, residents will have ample opportunity for input. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Gi1b, Harbicht, Lojeski, Young and Chandler ABSENT: None On MOTION by Member Lojeski, seconded by Member Harbicht and CARRIED, the Minutes of the Meeting of March 20, 1990 were APPROVED. Member Gi1b ABSTAINED, since he was not present at the March 20, 1990 Meeting. I Since the last tenant, Arcadia Van Lines, has vacated the property at 170 E, Huntington Drive, Agency Staff on March 21, 1990 solicited bids from six demolition contractors. They were asked to provide a lump sum cost for clearance of that property. In addition to the primary clearance work, staff has asked each contractor to incorporate the cost of some soil investigative work as part of the job. Five contractors responded to the Agency's request. The low bidder, American Wrecking Company, will bill the soils work on a time and materials basis. The total added cost will be $1,800, bringing the total American Wrecking contract cost to $6,150. It was then MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call vote as follows that that the Agency APPROVE the contract with American Wrecking Company for -4- 4/3/90 I 5d. ADJOURNMENT 6. 7. 7a. FINAL MAP 47454 (433 E. Durate Road) 0<)(,0-60 It- 'I' t(:;V 7b. O:LU-:)O LABOR RELATIONS & j-/" )-11 PERS. LEGAL SERV. AGREEMENT (Liebert, Cassidy &'Frierson) 7c. P.D,BLDG REROOFING (Cons'd Separately) 7d. TRAFFIC STRIPPING & PAV'T MARK'G (Pac. Striping Co.- Job No. 662) ocr;Jr!l.QO Jr)D (;6.2. I 7e. NEWCO/BEST DISPOSAL (Definitive Agrmn't of Sale) (Jud}O _ 60 .6e.,1 0;.);:> 7c. POLICE BLDG. REROOFING (Job NO. 667) (APPROVED) rJ7 .<0 - ~O Ja6 667 32:0069 demolition of improvements located at 170 E. Huntington Drive (Falzone property) for a price not to exceed $6,150. AYES: . NOES: ABSENT: ABSTAIN: Members Gi1b, Harbicht, Young and Chandler None None Member Lojeski, on advice of Agency Counsel because of a possible potential conflict of interest. The meeting ADJOURNED to 7:00 p. m., April 17, 1990. CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED Final Map No. 47454 for a proposed six unit residential condominium at 433 East Duarte Road, submitted by Engles Shen & Associates, Inc.,on behalf of Da-An Development Corporation (George Liu and Stella Kuo). Approval subject to the condition that all outstanding conditions of approval as outlined in Public Works Department report dated April 20, 1989 shall be complied with to the satisfaction of the Director of Public Works. APPROVED renewal of agreement with Liebert, Cassidy & Frierson for labor relations and personnel legal services at a proposed annual fee of $17,400; AUTHORIZED the Mayor to execute the same in a form approved by the City Attorney. Job No. 667 reroofing of Police Building considered separately. See below. ACCEPTED work performed by Pacific Striping Company consisting of application of traffic striping and pavement markings on various streets throughout the City, Job No. 662 and AUTHORIZED final payment be made in accordance with the contract documents. Final contract amount of. $40,576.60 funded from the 1989-90 Public Works Operating Budget. Ten percent retention payment becomes due and payable 35 days after the recordation of Council acceptance and will only be released by the Director of Public Works on completion of all corrections of record. APPROVED Definitive Agreement of Sale between Best Disposal and National Environmental Waste Corporation. This Agreement turns over the operation of Best Disposal to NEWCO upon a Bankruptcy Court disposition of April 2, 1990, NEWCO to assume contract for residential trash collection on or before May 1, 1990. Agreement has been reviewed by the City Attorney. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Counci1members Gi1b, Harbicht, Lojeski, Young and Chandler None None NOES: ABSENT: Specifications have been prepared for the reroofing of Police Department buildings, Job No. 667, The work consists of removal and replacement of the existing roofing system on the Police Department main building and the building that houses the radio room, lockers and gym. The total engineering estimate for the project is $82,000. Counci1member Harbicht thought this to be a great deal of money to spend on a building that probably will be replaced within three to four years and wondered if it would not be possible to patch the -5- 4/3/90 8. / LA BON VIE RESTAURANT REQUEST (WTHDRAWN) 9. 9a. CLAIM OF SUSAN CLAVEY & TANYA CLAVEY (DENIED) 10'-/0 - 40 eta ie y 10. 11. HARBICHT (Waste-By-Rail Proposal) og.;)O.SO N..sf~ YOUNG (Waste-By-Rail Proposal) 05'.;((' - '?{) NS'p , 32:0070 roof for that period of time. The City Manager responded that the roof has been patched so many times, it is not feasible to try to do so again. Also, it is felt that these buildings will continue to be used by the City for some purpose after construction of a new Police building. Funding for the reroofing is provided for in the Capital Outlay Funds for Fiscal Year 1989-90 in the amount of $64,000. This does not include the unexpected additional cost of $18,000 for special handling and disposal of asbestos-containing material as required by State and Federal law. The project is categorically exempt from CEQA requirements. It was then MOVED by Counci1member Young, seconded by Counci1member Lojeski and CARRIED on roll call vote as follows that an additional appropriation of $18,000 be AUTHORIZED from the Capital Outlay Fund to cover the total cost of the project, APPROVE the specifications for this project and AUTHORIZE the City Clerk to advertise for bids. I AYES: Councilmembers Gi1b, Harbicht, Lojeski, Young and Chandler None None NOES: ABSENT: CITY MANAGER The request of La Bon Vie Restaurant to hold a Crawfish Festival at 181 Colorado Place was WITHDRAWN at th~ request of the applicant. CITY ATTORNEY On recommendation of the City Attorney, the claim of Susan C1avey, individually and as administrator of her daughter, Tanya C1avey, was DENIED on MOTION by Councilmember Gilb, seconded by Counci1member Harbicht and CARRIED on roll call vote as follows: AYES: Counci1members Gi1b, Harbicht, Lojeski, Young and Chandler None None NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Referred to the presentation by the Mayor of South Pasadena regarding the Waste-By-Rai1 proposal and noted that an answer should be forthcoming. The City Attorney responded to his question that if it is going to be an action item requiring, for example, a resolution, the matter would have to be put on the agenda. Direction could be given tonight so that it could be prepared; anything that requires a vote is deemed to be action. Councilmember Harbicht noted that he felt that, basically, they are asking for a blank check; no firm estimates are available; their working figure of $50/ton sounds high; there is no guarantee that this will be the final figure. They want a commitment from Arcadia on this. He would not vote for such a resolution. I Counci1member Young agreed about the blank check statement, but does not think the City should give a final "no"; perhaps they could be pressed for final answers to our questions. Also she heard from the SGVAC that many cities are committing themselves for a lower amount of trash than they actually produce; if this works, they can then add more later. -6- 4/3/90 I I HARBICHT (Waste-By-Rai1 vi Proposal) GILB (Waste-By-Rai1 v' Proposal) CITY MANAGER (Waste-By-Rai1 ~ Proposal) CHANDLER (Waste-By-Rai1 v' Proposal) HARBICHT (Water Conservation) 0670- 60 II/SP GILB (Orange Grove V Av. Improvement) GILB (City Code Re. ~ Construction Work Hours) 32:0071 Counci1member Harbicht agreed that the City should not give a definite "no"; when more definite information about costs are available, an answer will be forthcoming. Counci1member Gi1b inquired how this will affect the contract the City has with NEWCO for trash disposal. The City Manager stated there is such a provision in the contract; we are not talking about the recyc1ab1es. He agreed that the cost is too high. Also he expressed concern about the number of rail cars that would be necessary to move all this trash and whether or not the railroad would be willing or able to make such a commitment to this proposal. Considering the number of cities involved, about 320 rail cars will be needed, at a cost to build of approximately $120. OOO/car, plus the engines and power to pull them. He does not want to commit himse1f'at this time to this proposal. The City Manager noted that Mr. Knowles had asked for a resolution showing intent or interest in the concept -- no commitment. They hope that within ninety days, they will be soliciting the cities for a commitment. He realizes from the comments made that Council does not have enough information at this time, particularly about the cost. Mayor'Chand1er added that, from information obtained at the Sanitation District meeting, the Elsner Canyon proposal is moving ahead and that will provide some relief for the landfill problem. It was generally agreed that a letter should be written stating that the City is not committed, but Council is interested in being kept abreast of developments and expressing concerns about the costs and inquiring if there are any commitments with regard to railway cars, transfer stations, disposal sites, etc. Noted that he thought a suggestion received from a resident to publicize water-saving information to be a good suggestion and perhaps this could be included in the next Newsletter. Counci1member Young inquired how close Arcadia might be to water rationing or controls. The City Manager replied that this information will be forthcoming to Counci1members in Council's Newsletter. Arcadia is in a fortunate situation because of the City wells; nevertheless water conservation should be pursued. Counci1member Gi1b suggested that residents be notified that washing down driveways wastes a lot of water and also that water-saving kits are available in the Water Department. With regard to the proposed Orange Grove improvement, Counci1member Gi1b expressed concern about a proposal to eliminate street parking on the south side of the street and also about trash barrels which sometimes end up out in the street. . In response to Councilmember Gi1b's question, the City Attorney stated that the Municipal Code 4261 prohibits construction work beginning earlier than 7: 00 a. m.; this would include the unloading of building materials. The City Manager noted that this was generally enforced on a complaint basis; the Police Chief will have the patrol units keep an eye out for these situations. Also, if there are continuing problems on a certain property, the Building Department will notify the builder to control the sub-contractors. Counci1member Gi1b wondered if 8:00 a. m. might be a better starting time; Counci1member Harbicht thought 7:00 a. m. to be a reasonable time as long as it was not violated. -7- 4/3/90 LOJESKI LOJESKI (In Memory of Me1 Pratt) rJlSr> 12. ADJOURNMENT (April 17, 1990, 7:00 p.m.) ATTEST: 32: 0072 Thanked Council for the nice Citizen-Of-The-Year plaque presented by Mayor Pro Tem Mary Young. "I'd like to adjourn tonight's meeting in memory of a long- time friend of Arcadia, Mr. Me1 Pratt. A memorial service will be held on Wednesday, Apr. 11, 1990 for Merrell "Me1" Pratt, 78, former Arcadia businessman and owner of the Arcadia Music Mart from 1946 to 1966. The service is scheduled for 2:00 p. m. at the Arcadia Public Library, 20 W. Duarte Road. Mr. Pratt passed away January 16 in Guadalajara, Mexico of a heart attack. Me1 was born in Afton, Oklahoma on May 30, 1911 and moved to Independence, Missouri. After high school he was employed by the Woolworth Co. for 13 years. Later, married the former Jean Blackburn in 1936. He served with the U. S. Army in 1944; served as a 2nd Lieutenant in Okinawa. After release from the service, he moved to California, working for Capital records until he founded the Arcadia Music Mart in downtown Arcadia. While in Arcadia, Mr. Pratt was an active member of the Kiwanis Club, sponsored the Accordion Band and furnished band uniforms. He was president of the Monrovia Tennis Club for two terms, helped foun'd the San Gabriel Symphony Association and was an active member of Arcadia's Downtown Business Association; actually helping to establish the first two municipal parking lots in Arcadia. After leaving Arcadia, Me1 became the representative of a produce company in Cu1iacan, Mexico for ten years and later moved to the area of Guadalajara where he became active in developing a medical clinic for the needy; he was the voluntary administrator of the clinic. Both Me1 and his wife became active members in the American Society of Ja1isco and established and participated in several clubs there. In recent years Me1 suffered from a debilitating illness. He is survived by his wife of 53 years, Jean. He was preceded in death by their only daughter, Patricia Jean, who was killed in an automobile accident in 1964, at which time the Pratts donated the baby grand piano to the Arcadia Public Library in her honor. A memorial fund has been established in Mexico in Me1's honor. Donations can be sent to the Me1 Pratt Memorial Fund at the appropriate clinic in Ja1isco, Mexico and, again, an old friend of Arcadia is gone and I would like to adjourn tonight's meeting in his memory." At 8:52 p. m., the meeting ADJOURNED to 7:00 p. m., April 17, 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. -8- 4/3/90 I I