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HomeMy WebLinkAboutJULY 17,1990_2 I I 0//0--50 071'790 32: IJ I 7R (;. (:. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (July 3, 1990) (APPROVED) ORD. & RES. ' READ BY TITLE ONLY CLOSED SESSION 1. o t.fto-3o MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 17, 1990 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:30 p. m., July 17, 1990, in the City Hall Council Chamber. Pastor Daniel Allen, Arcadia Christian Fellowship Councilmember Charles E. Gilb PRESENT: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young ABSENT: None On MOTION by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED, the Minutes of the adjourned and regular meetings of July 3, 1990 were APPROVED. Councilmember Gilb ABSTAINED, since he was not present at the July 3, 1990 meeting. It was MOVED by Councilmember Harbicht, seconded by Councilmember 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 thnt, "pursuant to Government Code Section 54956. 9(a) the City Council and the Arcadia Redevelopment Agency met in a CLOSED SESSION this evening to discuss issues pertinent to the following cases: Arcadia Redevelopment Agency vs. Cordova, Franco, Weingard, Wilson and Arcadia Redevelopment Agency vs. the Santa Fe Railroad". THE OATH OF OFFICE WAS THEN ADMINISTERED BY THE CITY CLERK TO TOM ROMANO, INCOMING MEMBER OF THE SISTER CITY COMMISSION Councilmember Harbicht, liaison to the Sister City Commission then presented the incoming Commissioner with his credentials, a City pin, and welcomed him to the City family. AUDIENCE PARTICIPATION Johanna Hofer, 875 Monte Verde Drive, stated, in part, that as a life-long animal lover, she is speaking to the matter under City Manager Item 6c, "Consideration of Los Angeles Animal Care and Control policy of selling animals for the purpose of research". She believes the citizens of this City are against the use of animals for research, .particularly family pets. She is asking this Council to guarantee every -1- 7/17/90 0'-/10-30 e -;..., [. -hI) . ,I) 11 (I P 'j)t-, j_l-..~; OS-O:;O-bO ~ J~' "lLj ~ '1 \~ (\ 1_.1 , 32:0179 JL.V./~ pet owner in the City, especially dog owners, whose dogs require proper licensing, that these pets will not wind up being sold for research. Another item she would like to call to Council's attention is a suggestion that a little research be put into the scandal of the savings and loan institutions costing the country billions of dollars. Perhaps every savings and loan as well as every bank should be scrutinized each year when their business licence becomes due. Jovce Piper, Mercy Crusade, 23128 Bigler Street, Woodland Hills, 91364, stated, in part, that she is addressing the same issue as the previous speaker. Her issue is that of pets in the laboratory. Mercy Crusade gets a lot of calls from people telling them that they are very concerned about releasing their pets to the Shelter because they are afraid of what might happen to them. They try to give them what assistance they can regarding kenneling, finding a home, etc. I Robert E. Caldwell, 326 Joyce Avenue, stated, in part, that he has operated a business in Arcadia for thirty-five years and that he is a member of the Citizens for Sound Wall Committee and has been involved since the inception of the 210 Freeway in 1968 fighting to have Arcadia give back first- class citizenship to all Arcadia residents. The freeway noise level is so high that at the time of a meeting of the neighbors with then Mayor Lojeski, the Mayor could not be heard above the noise without the microphone. A petition with 350 signatures was presented at the following Council meeting. It was frustrating in August 1983 when they learned that Monrovia was to receive a wall from Mayflower to California Streets. They were encouraged when City Council authorized the hiring of a sound engineering company to conduct a professional sound survey, which proved that Arcadia did meet Caltrans' requirements for a sound wall. Political clout apparently helps. Arcadia City Councils have been most cooperative in the past, but with the addition of two High Occupancy Vehicle lanes, starting at Rosemead Blvd. extending to Azusa Avenue, neighbors will be subjected to increased noise levels. A wall will be erected in Arcadia from Michillinda to Baldwin. Now is the time for Arcadia to complete the wall. Amendment to Section 215.5 of the Streets and Highways Code, AB 3725, allows local agencies to construct sound walls using their own funds before a project has been programmed into the five year State Transportation Improvement Program; then at some future date the actual cost, without interest, will be reimbursed to the local agency. To construct a wall from Santa Anita to Fifth Avenue would cost approximately one million dollars, according to City staff information in 1984. He understands that Councilmember Fasching is intent upon establishing a priority list of projects; this noise pollution affects so many residents, he urges that the sound wall be given high priority. He noted also that Mayor Young is committed to making sure this mistake in allowing Caltrans carte blanche is not repeated. I Councilmember Harbicht pointed out that the Public Works Director is going to represent Arcadia at the upcoming Caltrans hearing; and has been directed by Council to express strongly that if the High Occupancy Vehicle lane goes in, that it go in concurrently with sound walls for Arcadia. Councilmember Fasching said Council considers this to be a high priority item. Ed Zareh, 1051 Catalpa Road, stated, in part, that he has worked with Mr. Caldwell on the Committee for a number of years. It has been very frustrating, particularly because Cal trans' criteria for decibel scales for measuring sound levels have been changed several times; also, the time of day the noise levels are checked makes a considerable difference. He does not know if the federal government is going to use the -2- 7/17/90 I I 2. 3. 3a. ROLL CALL 3b. MINUTE APPROVAL (July 3,1990) (APPROVED) 3c. AGENCY EMINENT DOMAIN SPEC. COUNSEL RET'N (Oliver,Stoever, Barr & Vose) (APPROVED) C(,65"-31l SI'::c.. Co....tJS/OL 32:0180 same criteria for noise levels. Arcadia is on the threshold for being on the list. Now he understands it is not the same list for sound walls; it is going to be supported by the Interstate Highway System, rather than Caltrans Sound Wall priority list. There is not a single hour in the 24 that the Freeway noise level is below the Community Noise Equivalent Level that most residential areas live by. He feels the noise level will increase when they construct the additional lanes. The City Manager recommended that Council adopt a minute motion supporting the position that Caltrans install the sound walls concurrent with any improvement regarding the HOV lanes through Arcadia and that this be presented in writing by the Public Works Director at the hearing as well as sent to the California Transportation Commission, the Director of Caltrans, Assemblyman Mountjoy and Senator Russell. Upon advise of the City Attorney, it was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that the need to take action tonight arose subsequent to the agenda being posted. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows to ADOPT a Minute Motion supporting the position that Caltrans install the sound walls concurrent with any improvement regarding the HOV (High Occupancy Vehicle) lanes through the City of Arcadia. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Ciraulo, Fasching, Gilb, Harbicht and Young ABSENT: None On MOTION by Member Harbicht, seconded by Member Ciraulo and CARRIED, the Minutes of the Meeting of July 3, 1990 were APPROVED. Member Gilb ABSTAINED since he was not present at the July 3, 1990 meeting. The Agency Eminent Domain Special Counsel Steve Deitsch is now associated with Best, Best and Kreiger. While staff has been generally pleased with BB&K's handling of eminent domain work, there has been concern about the distance of their business locations (Ontario and Riverside) to Los Angeles. Further, while the BB&K eminent domain attorneys do handle eminent domain cases in Los Angeles, the Agency does not feel they have the detailed knowledge of the local practices, administrative staff, and the Judges, that a Los Angeles firm would have. Proposals have been requested and received from three well-known and respected redevelopment eminent domain counsel. Under a proposed contract. the new firm would advise the Agency staff on and, if necessary, litigate the -3- 7/17/90 3d. UPGRADE ECON. DEV. CLERICAL POSITION (Clk. Typist III to Sec.) (APPROVED) v~.",\:---jt' ED 3e. ADJOURNMENT 4. 5. Sa. WORK ACCEPTED (PW Lt'ng Program 113 - Job No.654) .;> ()Cp-:--.;;Jn :J"b6 (;~~ 32:0181 four pending condemnation cases. Steve Deitsch of BB&K would continue to be the Agency's Special Counsel for general redevelopment. Bart Gaut of BB&K would continue to handle the Rentype appeal because of his knowledge of the complicated facts and law in that case. Member Harbicht inquired why the new firm should not handle all the redevelopment legal work. Staff replied they could, but the Agency has been pleased with Mr. Deitsch's firm and his work to date. Member Harbicht raised the question of possible inefficiencies in working with three different law firms. Staff replied there will be a coordination concern, but the type of work they do is very specific - - eminent domain is a very specific part of the redevelopment legislation. The key thing the Agency wants is to get is a firm familiar with the L. A. court system. It was then MOVEO by Member Gilb, seconded by Member Fasching I and CARRIED on roll call vote as follows that the Agency APPROVE the retention of Oliver, Stoever, Barr and Vose for eminent domain litigation services, and AUTHORIZE the Executive Director to sign a retainer agreement in a form approved by the Agency General Counsel. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb, Harbicht and Young None None Request for upgrade of Economic Development Department clerical position from Clerk Typist III to Secretary. It was MOVED by Member Harbicht, seconded by Member Ciraulo and CARRIED on roll call vote as follows that the Agency AMEN~ the Economic Development Department administrative budget by upgrading the Clerk Typist III position to Secretary, at a total increased cost of $2,500 and AUTHORIZE Personnel to recruit for this position. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb, Harbicht and Young None None The meeting ADJOURNEO to 7:00 p. m., August 7, 1990. CITY COUNCIL RECONVENED CONSENT ITEMS ACCEPTED work and AUTHORIZEO final payment to Raymor Electric Company for Public Works Lighting Program No. 3 - Job No. 654, in accordance with the contract documents. Ten percent (10%) 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. The final contract amount of $39,989 was funded entirely by Community Development Block Grant Funds. I Councilmember Harbicht inquired if this new energy efficient lighting system meets the Caltrans lighting standards, especially in view of a current lawsuit against the City involving such a question. Staff replied they meet the City -4- 7/17/90 , r \ ~ (. I a5b. ~ CALL FOR BIDS C 01{ 1..):" (Reconst. Var. ~7 Sidewalks- ~o~ Job No.657) 5c. fP ANNUAL REPORT c~o~~\ EST.fCOSTS - OQ 0' ARC. CONSOLo \,,'\ LIGHTING DIST. o 5d. )'~ LA VIDA LANE nt.,1r lo~J!'TRACT NO. 46800 ~ (Accepted for ,', . Maint.by City) 5e. ~O PAMELA CIRCLE I I ~oC' ,,\TRACT NO. 4S 791 0" ~ s'\ (Accepted for f.''-. Maint. by City) \' qOSf. ,/ LICENSE AGREE- yC\1 "\ MENT - ARC. & , PASADENA (Water- line Const. - W.0.689) I Sg. SGVSW-JPA 32:0182 standards that have been in effect for quite some time, as well as the Edison standards. The City Attorney explained that generally the standards of the State are guidelines. That question has not come forward in these projects; the City is not creating a dangerous situation. In the lawsuit mentioned that issue is just one being raised by way of argument. The Ci ty Manager noted. in light of Council' 5 concern, a report and recommendation from the practical and legal sides should be prepared. This could set forth Edison's, Caltrans' and the City's requirements. Mayor Young noted that some of the sodium lights seem to give more light than others. APPROVED Deficient - Job No. bids. plans and specifications for Reconstruction of or Damaged Concrete Sidewalk at Various Locations 657 and AUTHORIZE the City Clerk to advertise for RECEIVED and FILED report on the annual estimate of costs of operating the Arcadia Consolidated Lighting District. This submitted pursuant to the provisions of Section 18164 of the Streets and Highways Code for the purpose of levying assessments against the various zones in the District. The Grand Total is $271,163.56: Total Cost to Lighting District is $160,029.29; Cost to City is $111,134.27. ACCEPTED for maintenance by the City, Tract No. 46800, La Vida Lane, which is a cul-de-sac street located on the west side of Baldwin Avenue just north of Garibaldi Avenue. Public improvements have been completed in accordance with Ci ty requirements and conditions as imposed by the Planning Commission and City Council. ACCEPTED for maintenance by the City, Tract No. 4S791, Pamela Circle, which is a cul-de-sac stree~ located on the west side of Eighth Avenue between Camino Grove Avenue and Camino Real Avenue. Public improvements have been completed in accordance with City requirements and conditions as imposed by the Planning Commission and City Council. APPROVED License Agreement between the City of Pasadena (Licensor) and the City of Arcf.dia (Licensee) for Installation of the Michillinda Avenue Waterline, Work Order 689, and the Mayor AUTHORIZED to sign the Agreement approved by the City Attorney as to form. This License Agreement grants permission from the City of Pasadena to the City of Arcadia to construct a waterline in Michillinda Avenue - W. O. 689. Considered separately. (See below) Sh. DIAL-A-RIDE Agreement y.SL .,~~-. RATIFIC'N CLAIM RATIFIED approval of property damage settlement of the claim /- tI \ SETTLEMENT - 20th by 20th Century Insurance on behalf of Eve Lisoni in the \.\SO Cent. ins. amount of $3,344.87. (Lisoni) ) -0 Sj. J'> RATIFIC'N CLAIM I~b ~i) SETTLEMENT )Gc'j}.\ (Scuito) .9 Considered separately. (See below) RATIFIED approval of settlement in the amount of $5,000 of the personal injury case of Scuito v. Arcadia. -5- 7/17/90 5g. SAN GABRIEL VALLEY SOLID WASTE - JOINT POWERS AUTH. AGREEMENT (APPROVED) 68;),D- ;;l.b SG-vsw-jffl 5h. DIAL-A-RIDE AGREEMENT (APPROVED) o ~. 30 -311 rt :-:\/IIT 32:0183 ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER HARBICHT, SECONDED BY COUNCILMEMBER GILB AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: At its June 5, 1990 meeting, the City Council approved the concept of joining a coalition of San Gabriel Valley cities in order to comply with the requirements of AB 939 -- the California Integrated Solid Waste Management Act of 1989. That coalition has materialized as a joint powers authority to be known as the San Gabriel Valley Solid Waste Joint Powers Authority. As proposed, the SGVSW-JPA will legally bind the member cities to mutually satisfy the requirements of AB-939. The fourteen city members will solicit bids through a Request for Proposals process in order to retain consultants to prepare and complete each City's Integrated Waste Management Plan. The JPA will provide for economies of scale in meeting the requirements of AB 939. The SGVSW-JPA will divide the costs of the services among the member cities based upon a pre-determined formula. Staff estimates Arcadia's share of the cost to be approximately $100,000, based upon previously submitted quotes. In reply to a question from Councilmember Harbicht, staff responded that AB 1820, as far as the City is concerned, has reduced the requirements for a Waste Characterization Study; however, the waste still has to be counted. The Sanitation District is still trying to work through AB 1820; staff will attend a meeting the following week to obtain additional information with regard to the impact of this upon the City. There was, however, a reduction in the statistical representation and should result in a reduction in the cost of the study. Councilmember Harbicht noted that the cities would be spending literally millions of dollars for something which basically has little value. For instance why should it1be necessary to know within one percent how much of Arcadia's trash is yard waste in order to come up with a plan for recycling. However, the City has no choice. I It was then MOVED by Councilmember Harbicht, seconded by Mayor Young and CARRIED on roll call vote as follows that Council enter into an agreement to jo:n the San Gabriel Valley Solid Waste Joint Powers Authority when approved as to form by the City Attorney. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: Recommendation to amend the Arcadia Dial-A-Ride Agreement. The revised agreement includes changes in the Contractor's compensation and new requirements for emergency preparedness; also there has been a dramatic increase in cost of auto liability insurance. The insurance increase resulted from an accident where an Arcadia Dial-A-Ride vehicle was hit by an uninsured driver. In reply to a question from Councilmember Harbicht with regard to the comparisons with such compensation from other cities, if those cities provide the vehicles to the transit contractors, staff responded that only a couple of them do so. In reply to questions from Council, staff gave details of the accident in which a Dial-A-Ride vehicle was hit by an uninsured driver resulting in increased insurance premium this year; it is expected that the premium will be lower next year. I -6- 7/17/90 I I 6. 6a. "QUICK MART" CONY. STORE (Compatible Use CPD-l Zone) (DENIED) OS'lYO -dO c.f>D~1 2:0 32:0184 It was then MOVED by Councilmember Harbicht, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Council APPROVE the Arcadia Dial-A-Ride Agreement requesting a $1.10 increase in the vehicle service hour rate; AUTHORIZE the Mayor to execute the Agreement in a form approved by the City Attorney; AUTHORIZE a $28,125 payment to meet San Gabriel Transit's insurance costs for 1990-91. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: CITY MANAGER Consideration of a request to determine that a "Quick Mart" convenience store is a compatible use for the CPD-l zone. (Continued from July 3, 1990.) Kirk Downin~, representing Landmark Development Company, stated, in part, that they felt Council should look at this application from the standpoint Landmark finds itself in, with regard to the hotel at the location. They feel guests at the hotel need some sort of outlet for convenience food; the hotel itself does not have dining facilities. Landmark is willing to make changes in the design or the operation of the store if required by the City. Staff answered questions from Council concerning the permitted hours of operation, requirements for Conditional Use Permit, etc. The City Attorney also stated that one of Council's' options is to make the business hours subject to a Conditional Use Permit. In reply to questions from Council, Ronnie Lam, owner and developer, responded that the location of the Quick-Mart will be on the far end of the development, near the Hampton Inn; close to the parking structure; it will not be facing on Huntington Drive. Councilmember Fasching noted that he did not find this operation very different from other types of stores in this type of development and MOVED that Council determine that a "convenience store" should be a permitted use only with an approved Conditional Use Permit. In reply to questions from Council, Mr. Downing responded that Quick Mart is similar to a high-class 7-Eleven store; it would sell beer and wine; and that there would probably be no vending machines in front of the store; it would be the size of a Circle-K or 7-Eleven. He also felt they could tailor it to the needs of the community and that location; the operation could be modified by means of the lease agreement even though it is part of a chain ope~ation. The lease agreement could be submitted to the City Attorney for approval. Councilmember Fasching's MOTION died for lack of a second. Councilmember Ciraulo MOVED that Council determine that a "convenience store" is not a compatible use in the CPD-I zone, and, therefore, not a permitted use. This seconded by Mayor Young and CARRIED on roll call vote as follows: Councilmember Harbicht noted that there are up-scale restaurants in the area, with two more going in; he does not see this operation as consistent with what the City has in that area. A convenience store is a store that generates a lot of in-and-out traffic; quick stops; traffic is already a problem in that area. Councilmember Ciraulo did not see that any kind of a convenience store would be proper for that spot. Mayor Young agreed and felt this might develop into a fast- food store. -7- 7/17/90 ;- 6b. L.R.S., Inc. VARIANCE REQ. (Outside Above- grnd Waste Oil Tanks) (DENIED) 0'-170-;)0 ~ms ft~ (J ,1- 6c. PROHIBIT SALE OF ANIMALS FOR RESEARCH PURPOSES (L.A. Co. Dept. Animal Care & Control) (APPROVED) otflo-30 it pJ/f'l1ft /.., e o,Jf"Ro/.. 6d. L.A. URBAN CO. CDBG PROGRAM PARTICIPATION (APPROVED) 05':3'0- 5;) l'\ ',1- "\ 4- 32:0185 AYES: NOES: ABSENT: Councilmembers Ciraulo, Gilb, Harbicht and Young Councilmember Fasching None Consideration of a request from L.R.S., rne.for a variance to allow outside aboveground waste oil tanks. Fire Chief Gerald Gardner, stated, in part, that he did not believe the applicant to be present. In a telephone conversation with the applicant prior to the meeting, Chief Gardner explained the recommendation to deny the request and the applicant did not seem to have a problem with it. It is anticipated that Fire Code revisions scheduled for early 1991 will include specific recommendations to address this issue. Staff report recommends that at this time the variance to allow aboveground tanks be denied. I It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that the request from L.R.S., Inc. for a variance to allow outside aboveground storage tanks in the City of Arcadia be denied at this time. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: Councilmember Fasching commented favorably on the Fire Chief's Report. At its June 5, 1990 meeting, the City Council directed staff to investigate the practice of selling animals for the purpose of research by the Baldwin Park facility of the Los Angeles County Department of Animal Care and Control. Staff report has been provided to Council. It was then MOVED by Councilmember Gilb, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that the City of Arcadia send a notice to the Baldwin Park facility of the Los Angeles County of Animal Care and Control and ask them to prohibit the practice of selling animals into research found within the boundaries of the City of Arcadia. Councilmember Harbicht stated, in part, that he thought this was the wrong thing to do; that animal research is a necessary thing; literally thousands or millions of human lives have been saved because of the discoveries made through animal research. This is the first step to eliminating animal research. He does not see the difference between using I dogs bred for this purpose and other dogs. Councilmember Ciraulo stated that animal research is important. It is his understanding that animals are raised specifically for this purpose. He does not feel that pets that have run astray and are found in Arcadia should be submitted to that kind of research. AYES: NOES: ABSENT: Councilmembers Ciraulo, Councilmember Harbicht None Fasching, Gilb and Young On June 29 the City received a letter from the Community Development Commission regarding the City's interest in continuing its participation in the Los Angeles Urban County Community Development Block Grant Program. The City currently -8- 7/17/90 I I 7. 7a. ORDINANCE NO. 1924 (INTRODUCED) 7b. ORDINANCE NO. 1925 (INTRODUCED) 7c. ORDINANCE NO. 1926 (INTRODUCED) 32:0186 has a three year cooperation agreement with the County which expires June 30, 1991. A new agreement must be executed to continue participation with the County from 1991 through 1994. City projects funded with CDBG monies are listed in staff report dated July 17, 1990. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Council APPROVE participation in the Urban County 1991-1994 Community Development Block Grant program and AUTHORIZE the Mayor to execute the three-year cooperation agreement between the City of Arcadia and the County of Los Angeles. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: CITY ATTORNEY The City Attorney presented for introduction and read the title of Ordinance No. 1924: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING CHAPTER 9 OF THE BUILDING CODE SETTING FORTH REGULATIONS FOR THE REOUCTION OF EARTHQUAKE HAZAROS IN EXISTING BUILDINGS". It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1924 be and it is hereby INTRODUCED. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 1925: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 90-004, AMENDING THE BUILDING HEIGHT REGULATIONS IN THE R-M, R-O AND R-l ZONES TO PROVIDE AN EXCEPTION TO ALLOW WIRELESS RADIO MASTS, TOWERS OR ANTENNAS TO BE A MAXIMUM HEIGHT OF 35-0" " It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Ordinance No. 1925 be and it is hereby INTRODUCED. AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 1926: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING ZONE CHANGE Z-90-001, CHANGING THE EXISTING ZONE OF PR-3 (MULTIPLE-FAMILY ZONE WITH AUTOMOBILE PARKING ZONE) TO C-2 & D (GENERAL COMMERCIAL ZONE WITH ARCHITECTURAL DESIGN ZONE) FOR THE LOTS LOCATED AT 311 AND 325 EAST LIVE OAK AVENUE AND 2616 SOUTH THIRD AVENUE; AREA NORTH OF LIVE OAK AVENUE, EAST OF THIRD AVENUE, WEST OF FOURTH AVENUE AND SOUTH OF THE ALLEY". It was MOVED by Mayor Young, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1926 be and it is hereby INTRODUCED. -9- 7/17/90 7d. RESOLUTION NO. 5543 (ADOPTED) 07'10- ZS- FH IV I) I ~J I.,.. 8. 9. HARBICHT (133-137 E. Htg. - Bldg. Repair) /0 '-10-5':> /33-/31 '=" 1-176- ,v ~ 1-' CIRAULO (Press Release - Large Homes) O\So-3~ s,c..Ho" \... CIRAULO (School Board Mtg. - Permit System) GILB (Rodeffer - Proposed Landfill - Status) 05:'''; - 5:7 ~C!D'~ i I"L;'" 32:0187 AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5543: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION GRANT PROGRAM FOR IMPROVEMENTS TO EXISTING RECREATION FACILITIES". It was MOVED by Councilmember Ciraulo, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5543 be and it is hereby ADOPTED. I AYES: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and Young None None NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Inquired if any reply had been received to the letter from the Planning Director to Al Landsberger regarding the property at 133-137 E. Huntington Drive. Staff replied the plans had been in plan check but the time had expired, so plans have been re- submitted. He has corrected the earthquake damage; now must do the basic cosmetic rehabilitation. The City Attorney noted that the City will send him notice under the property maintenance violation ordinance which should give him some deadlines to meet or face possible action in Municipal Court. Such a letter should go out tomorrow. Councilmember Harbicht hoped this could be moved along because a great deal of money has been spent on Huntington Drive both by the City and by businesses in that area; this building is the biggest eyesore on the Boulevard now; it has been sitting there with plywood on the front for a year and a half now. Councilmeinber Ciraulo concurred with these remarks. Commented on the press release concerning the issue of large homes. He thought it was an excellent idea.; it was a complete, informative and detailed explanation of that issue. It should be informative to the citizens. The City Manager noted he hoped the press would release it. '- Inquired if there was any indication as to the subject of the upcoming luncheon meeting with some members of the School Board. The City Manager replied they will discuss the permit system for non~residents. Mayor Young and Councilmember Harbicht will attend.. I Inquired about the present status of the Rodeffer matter since the permit was approved at the last meeting; what happens next? Staff responded that Rodeffer really did not get a permit; the reclamation plan was approved which was just one hurdle that the State has provided. In response to Councilmember Gilb's question about the $100,000 bond put up by Rodeffer, staff replied this is a condition to assure that he will move forward with the plan. It is staff's understanding that that entire decision is going' to be appealed to the State Mining and Geology Board. The $100,000 is being put up because both the City and State have .... -10- 7/17/90 32:0188 I regulations and it is to ensure that he will actually proceed to do something with that property. That money will be held until such time as he gets an approved landfill permit and actually starts filling the property, then the bond will be released ... it is a good faith performance bond; it has nothing to do with a bond for regulation of what goes into the land. The next step for Mr. Rodeffer and his proposed operator is to prepare an operating plan in as much specific detail as possible about what is proposed for the entire operation. It has been suggested to Mr. Rodeffer that in putting together this plan, he involve the community of El Monte as much as possible and get their input from the very beginning; along with the El Monte, elected officials and staff. The plan would also be reviewed by Arcadia staff with their input. Eventually it will be brought before the City Council. Hopefully, most, if not all of the concerns of the El Monte people would be addressed and resolved prior to the operating plan coming before Council. Once they bring the operating plan, they can then begin the study of the EIR. The EIR would look at the plan in terms of environmental impacts; this will take some additional time and eventually that EIR will be brought before Council. Once that is done, Council can actually take action as to whether or not to grant a permit for an inert landfill at the site. I Councilmember Gilb inquired, assuming Mr. Rodeffer gets his permits, what kind of regulations or penalties could be put on the landfill to be sure that the wrong thing does not go in and' poison the ground water. If they put up a million dollar bond, it would not mean a thing. If they poison the water; it can't be undone. Would Arcadia be establishing the regulations and inspecting the material that goes in there? Should the wrong material get in there and destroy the groun~water, all the money in the world will not make any difference. What kind of a penalty would be put on such a situation? Staff replied it would probably be out of Arcadia's jurisdiction to put any kind of a penalty on this matter; the Federal government or the State would be the agencies to provide the penalties, i.e., cleanup, EPA, water people, etc. Councilmember Gilb responded that money would not make a difference once the water is contaminated. Staff replied that situation could happen now; there is no landfill; however, there is exposed ground water which is subject to pollution; vandals could go in there and pollute the water. There are no local means of penalizing an owner of property with exposed ground water should that water become contaminated. Councilmember Gilb replied chemicals could be put into exposed ground water to clean it up; once it is filled there is no such recourse. That is why he is wondering whose jurisdiction this is to ensure that the right materials are going into the landfill. Staff replied regulations can be established regarding checking the loads, etc., to make as sure as possible that nothing wrong gets into the hole. Ultimately, it is Council's decision as to whether or not those regulations are strong enough. The City Attorney .replied there would be a dual jurisdiction -- the State and Federal governments would have certain requirements, and as the City Manager stated earlier, the City could impose lots of sanctions, inspection requirements, which would have to be funded by the proponent for the permit. Also, the permit could be revoked and possibly some sort of liquidated damage penalty could be imposed. Councilmember Gilb said if the City should revoke the permit, the water would already be contaminated. This is a big concern of Council and the people of this community and everyone; once it is piled up and ruined, he would like to know what the penalty would be. Mayor Young said the thing is to see that it does not get polluted as it is being filled. This may also involve the water agencies. -11- 7/17/90 HARBICHT (Rodeffer - Proposed Landfill - Regulation) YOUNG (Dial-A-Ride Lifetime Pass) 10. ADJOURNMENT (Aug. 7, 1990 - 7:00 p. m.) ATTEST: 32:0189 Councilmember Harbicht noted that the system of penalties is not necessarily set up to correct the wrong; it is to be severe enough so that the person, because he does not want to lose the million dollars, or whatever it is, won't do it. But all the laws we have -- if someone murders, putting him in prison does not bring the murdered person back, but threat of prison may keep him from murdering in the first place. This is the same situation -- if a person has to put up a million dollars that he forfeits in the event he violates this, that person is going to take great pains to make sure he does not violate it. Councilmember Gilb replied, this amount of money seems to have graduated from $100,000 to $1,000,000; but he thinks that is a good point. He still wants to know what will happen -- it's nice to see that it will be patrolled and each load checked and all that ... but it is going to be quite a while before anything happens. Informed the Councilmembers, she had the privilege of giving a lifetime Dial-A-Ride pass to a hundred year old lady. This lady has been riding Dial-A-Ride a couple of times a day for fifteen years; she is very energetic and agile. She sent a" note thanking Council. The meeting ADJOURNED at 8:45 p. m. to 7:00 p. m., Tuesday, August 7, 1990 in the City Hall Conference Room to conduct the business of the Council and Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. ~?~iery-- -12- 7/17/90 I I