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HomeMy WebLinkAboutNOVEMBER 4,1986_2 I " I 29:0046 CITY COUNCIL PROCEEDINGS ARE TAPE RECOROED AND ON FILE IN THE OFFICE OF THE CITY CLERK / INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Oct.21 ,1986) (APPROVED) ORD. & RES. READ 8Y TITLE ONLY ROLL CALL AGENCY M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 4, 1986 The City Council of the City of Arcadia and the Arcadia Redevelop- ment Agency met in a regular session November 4, 1986 at 7:30 p. m. in the Arcadia City Hall Council Chamber. Bishop B. Thomas Barnes, Church of Jesus Christ of Latter Day Saints Counci1member Charles E. Gi1b PRESENT: Counci1members Chandler, Gi1b, Harbicht, Lojeski and Young ABSENT: None On MOTION by Counci1member Lojeski, seconded by Counci1member Chandler and CARRIED, the Minutes of the Adjourned and Regular Meetings of October 21, 1986 were APPROVED. Counci1member Gi1b abstained from voting as he was absent from said meeting. It was MOVED by Counci1member Harbicht, seconded by Counci1member Gi1b and CARRIED that all ordinances and resolutions be read bY title only and that the reading in full be waived. PRESENTATION Presentation was made by Celia Ka1m to Mayor Young of a design for the invitations to the Mayor's Prayer'Breakfast. Mayor Young accepted and expressed appreciation on behalf of the City and the hope that in the future it will be used wisely. C ITY ATTORNEY The City Attorney announced that prior to this meeting the City Council and the Redevelopment Agency met in a CLOSED SESSION pursuant to the Ralph M. Brown Act Government Code Section 54956.9(b)(1). This CLOSED SESSION was held on advice from the City Attorney that in view of certain existing facts and circumstances in a particular instance where there is a significant possibility of exposure to litigation against the City. JOilNT MEETING OF THE crn COUNCIL/REDEVELOPMENT AGENCY PRESENT: Members Chandler, Gi1b. Harbicht. Lojeski and Younq ABSENT: None 11 /4/86 -1- 1. PUBLIC HEARING (Proposed Amendment to Redevelopment Plan) (APPROVED) RESOLUTION (ARA 125) (ADOPTED) 0(\ y\~ ORDINANCE NO. 1847 (INTRODUCED) 29:0047 This public hearing has been noticed in the newspaper, posted and mailed certified to all owners of record in the project area and staff advised that an Environmental Checklist and a Negative Declaration have been prepared. The Agency must amend the redevelop- ment plan before the end of this year in ord~ to comply with S.B. 690 with speCific limitations. The titles of the Resolution (ARA 125) and Ordinance No. 1847 were read by the Assistant to the City Manager for Redevelopment: 1I A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY APPROVING AMENDMENT NUMBER TWO TO THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AREA AND RECOMMENDING THE PLAN AMENDMENT BE APPROVED BY THE CITY COUNCIL. I and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT Staff explained in detail that S. B. 690 requires that limits be set for: 1. The length of time. the Redevelopment Plan can be in existence (Sec. 102 and 501) No expiration date currently exists. This amendment would make the expiration date 40 years, i. e., June 30, 2026. 2. The amount of tax increment the Agency can receive over the life of the Redevelopment Plan (Sec. 502). This amendment would permit the Agency to receive $200 million from 1974 to 2026. (To date the Agency has received $4.5 million). 3. A limit on the time period for commencement of eminent domain proceedings (Sec. 303). This amendment would limit eminent domain actions to the statutory maximum of 12 years, i. e., June 30, 1998. t It is also necessary to make the Redevelopment Plan Land Use Map consistent with the General Plan in several areas. Additionally, a text has been added to the Plan so that the map will automatically amend should the City General Plan be amended (Sec. 401). In this way, they will remain consistent in the future. Included in the staff summary were locations of land use changes. Certain areas within the Land Use Map are not consistent with the Genera 1 P1 an. I A. B. 265 requires that the Agency make provision for low and moderate income families. At present, the Agency has no funds for this provision, but it is necessary to add the provision for when the Agency is able to afford it. It will also provide the Agency greater discretionary authority in entering into Owner Participa- tion Agreements if funding allows. Adding this provision means the Agency will have option to offer owners in the area options which can be made contemporaneous after Agency makes property available for development. The revision in desi9n review is enabling language pertinent to rehabilitative signage. It takes from 10 to 30 days for design review. Also a provision for signs which must conform to the City standards;. design of new, revised or al tered signs will be submitted to the Agency for approval. These provisions are primarily administra- tive and not for any specific development. 11 /4/86 -2- I I .~ 2. 3. ROLL CALL 3a. MINUTE APPROVAL (Oct.21,1986) (APPROVED) 29:0048 The staff report dated November 4, 1986 includes a draft copy of the complete Amendment Number Two to the Redevelopment Plan indicat- ing additions and deletions. The Planning Commission considered the proposed amendment at its October 14 meeting and ratified findings by Resol'ution (No. 1324). Staff responded to questions propounded by Councilmembers and Mayor Young then declared the hearing open. Gordon Penharlow, 15 N. First Avenue, speaking as a pr.operty owner, said, in part, he did not have any particular concern with the proposed changes except in the area of parking and noted the difference in parking requirements and what he might anticipate should he build onto his property. He said there is a parking problem and wanted to bring this to the Agency's attention for careful study. Staff advised that the changes will actually bring parking regulations into consist- ency with the regulations and parking will not change ... the Design Review will allow the Agency to review parking situations. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED. The titles of Resolution ARA No. 125 and Ordinance No. 1847 having been read at the beginning of this subject, it was MOVED by Council- member Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. ~RA 125 be ADOPTED and that Ordinance No. 1847 be INTRODUCED. AYES; NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None (NOTE: THIS ENTIRE MATTER HAS BEEN TAPE RECORDED.) COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY . PRESENT: Members Chandler, Gilb, Harbicht, Lojeski and Young ABSENT: None On MOTION by Member Harbicht, seconded by Member Lojeski and CARRIED the Minutes of the meeting of October 21,1986. were APPROVED. Member Gilb abstained from voting as he was not present at said meeting. 3b. BOZORGIRAM Staff explained the background of certain real property up for PROPERTY ~ acquisition by eminent domain proceedings - - 9 South Fourth Avenue ACQUISITIONA'~ -. negotiations have been ongoing for some time and at the August 19 ,,1:\ I meeting a signed agreement was presented to the Agency. The hearing L \ r at that time was continued until November 4 (this date) pending r satisfactory closure of an escrow. The owner, through his letter of October 9, has requested reassessment of his property. ~. : This is not a public hearing, but only for the property owner and those claiming a possessory interest in the Bozorgiram property. l 11/4/86 -3- RESOL UTI ON NO. ARA 116 (ADOPTED) J..\ 1\'" -t-: \}q r 3c. AWARD OF CONTRACT (South Side Demo1 ition) .f:,i-'? q! f\~ 3d. 4. 5. 29:0049 Edward Nybe, owner of the property, repeated the request for an increase in the amount offered. He felt that since other owners in the immediate area have been given higher amounts, he was justified in requesting the reassessment. Mr. Nybe said he did not really want to sell the property. Staff said the appraisal on this property had been increased by 16% in the offer and that the tenant would have a relocation payment. The obligation under the California Government Code has been fulfilled to the letter. It was then MOYED by Member Chandler, seconded by Member Harbicht and CARRIED on roll call vote as follows that RESOLUTION .NO. ARA 1,16, A RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE I CITY OF ARCADIA, CALIFDRNIA, INSTITUTING THE COMMENCEMENT DF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (BOZORGIRAM PROPERTY), AND AUTHORIZING THE AGENCY SPECIAL COUNSEL TO OBTAIN AN ORDER FOR IMMEDIATE POSSESSION OF THE PROPERTY, AND THAT THE AGENCY ATTORNEY BE AUTHORIZED TO TAKE APPROPRIATE ACTION REGARDING ANY BREACH OF THE AGREEMENT TO ACQUIRE REAL PROPERTY BY THE BOZORGIRAMS". AYES: NOES: ABSENT: Members Chandler, Gi1b, Harbicht, Lojeski and Young None None It was the recommendation that the Arcadia Redevelopment Agency award the demo1iton and site clearance contract for the South side properties, not including the City Yard or the Continuation High School to Three D'Service and approve the bid of $46,808 and add a $5,192 (11% contingency) to cover potential septic tank work and any other unexpected complications for an expenditure not to exceed a total of $52,000. Staff explained that the time frame would be essentially from now to May of next year. It was MOVED by Member Chandler, seconded by Member Harbicht and CARRIED on roll call vote as follows that the South side demo1iton contract be awarded to Three D Service not to exceed the amount of $52,000. (See staff report dated November 4, 1986.) AYES: NOES: ABSENT: Members Chandler, Gi1b, Harbicht, Lojeski and Young None None Meeting adjourned to 7:00 p. m., November 18, 1986. CITY COUNCIL RECONVENED AUDIENCE PARTICIPATION I Jo1ene Bradley, 11036 N. McGirk, North E1 Monte, spoke to the matter of the Arts & Crafts Fair held in the County Park and presented a petition signed by 200 persons requesting the continued use of the County Park. She is one of the persons showing crafts at the County Fair and was very disturbed by the fact that the County has notified them that they will. no longer be permitted to display their arts in the.. park after this month. They were only notified by the County of this ' situation in September. Most of the people have spent a great deal of money for supplies anticipating the upcoming Christmas season and now they will just be out all that investment. It is too late for the crafters to register for other shows in other locations. They need' this Christmas season and also there is the possibility that they may lose some of the time by being rained out. Mrs. Bradley felt they have, 11/4/86 -4- 29:0050 been badly treated by.the County and the City due to a great deal of confusion and misinformation. I. .Mayor Young said that Arcadia merchants had complained that customers were buying from the Fair rather than themselves. Also had com~laints about cars driven onto the lawns and that one car had a "for sale" sign on it. Mrs. Bradley said they had been told by the County that they were permitted to drive cars on the lawns to load and unload. Councilmember Harbicht said that these people had been caught in the middle and suggested that pe~haps Council could help remedy the situation by allowing a couple more dates. It would be a gesture to help. Councilmember Chandler said he agreed and that he was in favor of letting them finish the season until Christmas and then that would be it. It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as followss that the Arts & Crafts Fair be permitted to continue on the weekends of November 6 - 7, December 13 - 14 and December 20 - 21. AYES; NOES; ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None Norma Huff, 550 Oak Dale Drive, Sierra Madre,also spoke to the matter of the Arts & Crafts Fair held in the County park in Arcadia. She said that she is a woodcrafter and has spent a substantial amount of money in Arcadia to purchase her materials, and now they were not to be allowed to continue to show wares in the Park. She felt they were being treated very unfairly. They did not hear of any of these problems until three weeks ago. Dan Dimola, 9625 Ancourt Street, Arcadia, also spoke to the matter of the Arts & Crafts Fair in the County Park. With regard to the parking of cars, they were not told they should not park cars on lawns for loading and unloading. If they had been so notified, they would have hand carried all materials from the parking area. It was only about three weeks ago that they first heard about the complaints about the cars. Mayor Young said they had been talking to the County almost since the beginning. She agreed that it had been a case of massive misinformation. Mr. Dimola also said commercial items were not permitted to be sold u all hand made crafts. ~.t Roberta Gordon, 42 E. Newman, Arcadia, stated that she was concerned about the Redevelopment Plan since she had just recently purchased a home in Arcadia and had intended to remain there indefinitely. She was worried that her home could be taken away. She said she had not been at the Council meeting earlier and so did not hear the discussions in the public hearing. Staff briefly reviewed the three points brought up in the hearing and stated that the Redevelopment Agency had no plans for any redevelopment action in her area. Staff invited Mrs. Gordon to discuss the matter with them in further detail after Council adjourned. Mrs. Gordon also addressed the matter of the Arts & Crafts Fair in the County Park. Said it was not fair that the Crafts people should be blamed for the damage to the lawns. Asked if Council and City were aware that there were cars driving and racing through the park at night? Mayor Young said they were and suggested that the Police Department be notified when this was being done. Councilmember Lojeski also said that it was important to understand that it is not a City Park, but is a County Park. He also thought perhaps the crafters could move to another County park. I !tl~' -. .' 11 /4/86 -5- 'I;" ~: ~ .. 6. 6a. HEARING SCHEDULED Nov.18,1986 6b. SUBSTANDARD LOT WIDTHS (- T.M. 44956 6c. SUBSTANDARD LOT DEPTHS p: T. M. 44959 6d. WORK COMPLETION Job No. 590 f'14IP 7 6e. WORK COMPLETION Job No. 584 f -I L{ /pq 6f. WORK ACCEPTANCE Job No. 587 ~-ll.(qq 6g. WORK ACCEPTANCE Job No. 512. 1 rrd.l) f-"1 6h. AWARD OF CONTRACT Job. No. 620 ~ OJ.. F-l::;> 6i. LEAGUE/CA CITIES' PROJECT I .~~:,.r~e.r5 ! r< . t o'rfl P . v 29:0051 CONSENT ITEMS SCHEDULED a public hearing for November 18. 1986 to consider a zone change from R-l (single family residential) to R-3 (multiple family) at 607 - 611 W. Duarte Road (Goldrich, Kest & Associates, the Applicants). APPROVED the substandard lot depths on Lots 2, 4 and 6 and the sub- standard lot widths at the setback lines for Lots 3,4 and 5 on I Tentative Map 44956 -- proposed subdivision at 1111 - 1125 S. Eighth Avenue. (Chris Construction Company, owner and applicant). APPROVED the substandard lot depths of Lots 1 and 2 of Tentative Map 44959 -- 147 - 159 E. Las Flores Avenue and 2003 S. Second Avenue. (Chris Construction Company, owner and applicant) ACCEPTED the work and AUTHORIZED final payment pursuant to the terms of the contract with Sully-Miller Contracting Company in the reconstruction of various streets, Job No. 590. Final contract amount of $346,271.14 was funded from State Gas Tax and Federal Section 2126 Funds. ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract with J. E. G. Construction Company, Inc.,in the widening of the north side of Arcadia Avenue from LaCadena to about 800 feet west of LaCadena Avenue. Final contract amount of $51,147.98 was funded from State Gas Tax Funds. ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract for the work performed by C & N Loops and Electric Company for the installation of traffic signal at the intersection of First Avenue and Wheeler Avenue. Final contract amount of $35,000 was funded from State Gas Tax Funds. ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract for the work performed by Pasley Electric, Inc., contractor for the installation of electrical substructures for the City Corporation Yard. Final contract amount was $18,738 and funded from the Capital Outlay Funds reserved for the Corporation Yard Relocation Project. The Edison Company will refund to the City the amount of $2,255 to reimburse the City for the cost of facilities installed at Edison's request to serve future development. I Council received the result of bids received for the tree maintenance program. It was noted in the staff report dated November 4 that 288 trees were in the program and funds for this were in the 1986-87 Public Works Budget. However, inasmuch as the bid of the United Pacific Corporation.was favorable ($42,750), staff recommended adding 70 trees to the program. Council AWARDED the contract to United in the total amount of $53,950; all informalities or irregularities in the bids or bidding process were waived and the Mayor and City Clerk were authorized to execute the contract in form approved by the City Attorney. APPROVED participation in the League of California Cities Workers' Compensation and Disability Retirement Project. The fee for Arcadia (based on population of between 25,000 and 50,000) is $4,000. Funds available in the Workers' Compensation Account in the Budget. -6- 11 /4/1l6 I I /' .~ 29:0052 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: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht. Lojeski and Young None None 7. CITY ~ANAGER 7a. PLANNING Proposal to consider change in Planning Commission Membership from COMSN. 7 members to 5 members. Counci1member Gi1b made a motion to file MEMBERSHIP report for consideration ~t a later date. Counci1member Harbicht (NO ACTION said perhaps they should talk about it and, after a study proces~, TAKEN) make recommendations. He is in favor of changin~ from 7 to 5 members. (CONTINUED) Points he raised were: (1) the problem of attendance -- if only (l~'JO'5 members, perhaps t.hey would feel more respons i b.il ity for attending to meetings; (2) it is easier to obtain agreement of three people than l(l~' 4 people; (3) the Planning Commission would operate more efficiently; 0" r J (4) it would result in less staff time. He feels 7 members actually /" reduces effectiveness, and (5) he just feels government should be simplified. The number of members co~ld be .reduced as of July 1, 1987 -- they could request resignation of all remaining members as of June 30, 1987 and reappoint five. Counci1member Harbicht continued that he had been on the Planning Commission and had been on the Planning Commission in another city. Councilmember Chandler said he was the Council liaison to the Planning Commission. He was afraid they might have situations of only three people attending meetings, Recently the School Board had so few . attendees that they were unable to even get their minutes approved. With the P1anming Commission there is a lot of money invested in property and permits c- delays could be expensive. Quality is not necessarily improved by changing the numbers. Now usually five members attend -- if reduced may end up with only three members attending. Councilmember Harbicht said fewer members might result in better attendance. Councilmember Lojeski stated, in part that he thought the question revolves around attendance and the responsibility of the commissioners. It is a function of the City Council to appoint the proper people to these commissions. Routinely absences are excused and even unexcused absences are overlooked. Must be firmer attendance requirements -- commissioners shou1d.be replaced if necessary. Mayor Young agreed that it was an attendance problem and Council's choice of commissioners. Counci1member Lojeski said the Plannning Commission is a most important one Council member GUb said the bad attendance of one of the commissioners was because of an unusual situation ... he had become the President of a service club and meetings were on the same night. Council tries to get a cross section of the community to serve on the Commission. Not too sure reducing numbers would help. Does not think absences should be automatically excused. Councilmember Gilb reiterated that they should hold the matter over and think about it ... Council has until June to do some- thing. Councilmember Harbicht said he agreed with Counci1member Lojeski about the attendance problem and also reiterated that he felt they should try to simplify government. Mayor Young said she thought they should consider rules and regulations for all the Commissions. ~TTER CONTINUED. 11 /4/86 -7- " 7b. USE OF PRE V lOUSL Y BUDGETED OFFICER POSITIONS (APPROVEO) ;1 ~(~ r:BIJ j B. 8a. ORDINANCE NO. 1846 (HELD OVER) 9. 10. HARBICHT 29:0053 Report and recommendation regarding the use of two previously budgeted police officer positions. Since the High School did not use the officers in the Cop-on-Campus Program, the Police Depa~t- ment wishes to use them in other areas. One officer to be used. in the drug enforcement area and the other is proposed .to be used in a regional crime suppression operation -- The North Region Surveillance and Apprehension Team (NORSAT) -- multi-jurisdictional crime suppression unit. Primary task is to concentrate on specific criminals involved in robbery, burglary and receiving. stolen property. I It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that two previously budgeted police officer positions be used for purposes recommended by the Police Chief in report dated October 30, 1986. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None Councilmember Chandler said he felt that joining NORSAT was a significant step in the fight against professional criminals and residents should be aware of it. CITY ATTORNEY The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1846, entitled: "AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 6220.13.1,6436.2,6436.6,6436.13 AND DELETING SECTION 6436.5 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATIONS AND SALE OF CHRISTMAS TREES AND PUMPKINS". Discussion ensued regarding sings advertising the sale of pumpkins and Christmas trees. Councilmember Gilb referred in particular to the large signs which had been advertising pumpkins on Foothill Blvd. and inquired if such signs were legal. Staff replied they have had no problem with Christmas tree signs. The City Attorney suggested perhaps he could come back with an ordinance for pum~kins and Christmas trees which would also address the matter of the signs advertising them. Councilmember Harbicht inquired about the lighting equipment -- e.g., the pumpkins lot -- would they be taker down and put up again for the Christmas trees. Staff replied that usually there were different companies so they were taken down 2nd put up by the other company. Mayor Young inquired if the sign ordinances applied to temporary businesses. Staff replied that they did not. Ii It was the consensus of Council that this Ordinance be held over until after the Christmas holidays. MATTERS FROM STt.FF {"""." '. . None , MATTERS FROM ELECTED OFFICIALS Referred to a Letter to the Editor in a recent newspaper article complaining about the new brick crosswalks in the downtown area -- at night they blend in with the concrete and are dangerous as crosswalks. He drove over to look for himself and agrees with this comment. He would like the Public Works Department to consider whether or not it would be feasible to paint stripes on the sides. Staff report forthcoming. . -8- 11/4/96 , Iii: I I YOUNG LOJESKI 11. ADJOURNMENT (Nov.18,1986) ATTEST: 29:0054 Felt the bricks were not red enough and they did blend in with the concrete, making it difficult to see. Stated that he has been having complaints again about Group W. Cable ... representatives and workers entering resident's yards without permission and without identification. He understood that Group W Cable employees were to wear identification badges when going onto private property. Staff will check into this. The meeting adjourned at 9:05 p. m. to 7:00 p. m., November 18, 1986 in the Conference Room to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. 'l!22/U~;J-;ft{/ "Mary B. oung, or ~j,.~~ 11 /4/86 -9-