HomeMy WebLinkAboutDECEMBER 16,1986_2
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CITY COUNCIL MEETINGS ARE TAPE RECOROEO AND ON FILE IN THE OFFICE OF THE CITY CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Dec. 2, 1986)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONL Y
CLOSED
SESSION
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR. MEETING
DECEMBER 16, 1986
The City Council of the City of Arcadia and the Arcadia Redevelop-
ment Agency met in a regular session December 16, 1986 at 7:30 p. m.
in the Ar~adia City Hall Council Chamber.
Rev. Thomas J. Cherry, ~hristian Center of Arcadia
Councilmember Robert J. Harbicht
PRESENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
ABSENT: None .
On MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht
and CARRIED, the minutes of the adjourned and regular meetings of
December 2, 1986 were APPROVED.
}t was MOVED by Councilmember Gilb, seconded by Councilmember
Harbicht and CARRIED that all ordinances and resolutions be read
by title only and that the reading in full be waived.
PRESENTATION
A presentation was made by the Ladies Auxiliary of the Veterans
of Foreign Wars to the City of Arcadia of a flag to remind citizens
of the POW MIA's; that there are still some 2,500 Americans missing
in action in Southeast Asia. The ladies making the presentation
were Lucinda Sepulveda, Lois Beckett and Midge Potter. The flag
was accepted by Mayor Young on behalf of the City Council with
appreciation and the statement that the flag would be flown in
front of City Hall.
C!TY 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 54956.8 to instruct
City negotiators on potential prices and terms relative to acquisition
of property in the South Side project area known as Bob's Burgers
and Andy's. In addition, discussed potential acquisition of property
in the North Side project area.
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PUBL I C
HEARING
(LA. 86-2)
(APPROVED)
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In January of this year, the City Council directed staff to prepare
a text amendment for consideration which would prohibit the exterior
use of security bars, etc., on commercial and industrial buildin9s.
Subsequently on May 6, 1986 the City Council directed staff to
prepare a report concerning the prohibition of the installation of
similar bars, etc., on residential properties. On May 1, 1986 the
City Council referred the text amendment which had been prepared for
commercial and industrial buildings back to the Planning Commission
so that the regulations relating to residential buildings could also
be included for consideration. This text amendment has now been I
revised to deal with exterior security devices which are located
within residential,commercial and industrial zones. The Planning
Commission at its November 12, 1986 meeting voted 7 to 0 to recommend
to Council approval of this revised text amendment. .
It was noted by sta ff tha t if th i s text amendmen tis adopted it
would permit security devices to be located only on the interior
of commercial and industrial buildings which have automatic sprinkler
systems. It would also prohibit the installation of such security
devices in residential zones. The existing legal installation of
such security devices would have one year in which to bring their
installations into compliance with the new regulations. Any requests
for variances therefrom would have to be considered and acted upon
by the City Council. A Negative Declaration has been prepared for
this text amendment. (All set forth in the staff report.)
In response to Councilmember Gilb's inquiry for clarification,
staff advised that commercial and industrial buildings would be
prohibited from having bars and grates unless they have a sprinkler
system in which case they could have the installation on the inside
but without a sprinkler system they could not.
Councilmember Lojeski expressed concern with residential areas where
some homeowners have had bars for 25 to 30 years and related one
instance with which he is acquainted where the homeowner had replaced
small louver windows with bars... also how would staff obtain the
addresses of those with bars in residential areas now. He felt that
it appears unfair to him to have the homeowner remove the bars when
at one time they were approved by, for instance, the Homeowners'
Association some years ago when a permit was not required. He
also asked about the enforcement of this proposed text amendment ...
who would be responsible for this? He was also concerned that the
City would be not only requiring the removal of the bars, but there
would also be an expense involved and perhaps replacement of the
entire window. Staff advised that those persons would have one
year in which to comply with the regulation and then if they did not,
they could apply for the variance. The inclusion of a grandfather
clause was discussed; also a fair fee for a variance request. I
Discussion ensued regarding the most fair way in which to notify
homeowners ... perhaps notify them in advance advising of this
proposed regulation... however endeavoring to locate those residences
with bars would present a problem ... it would depend on complaints
received and on City personnel who are routinely in the field.
During this consideration, Councilmember Gilb referred to his
condominium in another city where all of the units have bars...
that it is good security... that originally when this came up and
was discussed by Council, it was for industrial and commercial only
... because the downtown area was being changed in appearance by
the installation of bars and grates ... that it now is including
residential. The possibility of including a grandfather clause in the
amendment was also given further consideration.
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2.
3.
3a.
ROLL CALL
29:0080
Councilmember Chandler submitted, in part, that some areas with
bars and grates on their homes are turned into rockhouses although
this community is not faced with that. He does favor the regulations
for commercial and industrial but not for residential. He would
prefer fire alarms in all the homes if it were possible.
Mayor Young declared the hearing open. No one desired to be heard and
the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by
Councilmember Gilb and CARRIED. .
Councilmember Harbicht stated, in part, that he recognizes the right
of people to provide protection for their homes, however, by allowin9
the installation of the iron bars, it might be condemning firemen
to death in the event of a fire and also the people in the home. The
installations on the exterior may accelerate and now is the time to
remedy the situation. It is unfortunate that those with bars will
have to remove them, but it is better to remedy a situation now which
may constitute a danger. There is also the matter of the deterioration
of the community esthetically. He did not want a barred community
and was in favor of the proposed amendment for commercial, industrial,
and residential.
Mayor Young stated, in part, that she agreed with Councilmember
Harbicht noting that with the Neighborhood Watch Program and'
this requjrement, the community should be a nice place in which to
1 ive.
Councilmember Lojeski agreed, in part, but felt it would be like
a requirement for everyone to have a smoke alarm in their homes, which
of course would be nice. He was in favor of commercial and industrial
and for new residential units which may be contemplating the use of
security devices. He was also in favor of endeavoring to reach the
public through sources such as the City Newsletter, the various
Homeowner Associations and the press of the potential danger of iron
bars. He was in favor of grandfathering in those residences which
have such installations, i. e., he favored the proposed regulations
for commercial and industrial and for new residential units, but not
for ex~sting residences with such bars without grandfathering them in.
It was then MOVED by Councilmember Harbicht, seconded by Councilmember
Gilb and CARRIED on roll call vote as follows that the Negative
Declaration be approved and filed; find that the text amendment will
not have a significant effect on the environment; that staff be
directed to prepare the appropriate ordinance for introduction and
that be no filing fee imposed for variance requests when installations
are already in place.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Harbicht and Young
Council member Lojeski (see h.is comments)
None
CITY COUNCIL RECESSED IN ORDER TO 'ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Members Chandler, Gilb, Harbicht, Lojeski and Young
ABSENT: None
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3b.
MINUTE
APPROVAL
(Dec.2,1986)
(APPROVED)
3c.
ARA FY
1985-86
Report to
Sta te Dept.
Housing &
Commun ity
Develop.
(APPROVED)
3d.
Aucti on
Contract
(APPROVED)
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3e.
ADJOURNMENT
4.
5.
29 :0081
On MOTION by Member Lojeski, seconded by Member Gi1b and CARRIED
the minutes of the regular meeting of December 2, 1986 were
APPROVED.
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California Redevelopment Law (Section 33D80) requires that
all redevelopment agencies file an annual fiscal and activity
report with the California Department of Housing and Community
Development (HCD). California Redevelopment law requires that
this report also be approved by the City Council and transmitted
to HCD by the end of this calendar year.
It was MOVED by Member Gi1b, seconded by Member Harbicht and
CARRIED on roll call vote as follows that the HCD Report be
APPROVED and that staff be authorized to transmit it to HCD.
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AYES:
NOES:
ABSENT:
Members Chandler, Gi1b, Harbicht, Lojeski and Young
None
None
Member Harbicht commended staff on the excellent detailed report.
The Agency acquired the property located at 123 No. Third Avenue
(the Bong property). As part of this acquisition, the Agency also
acquired title to all of the equipment used by the Bongs in their
construction business. Redevelopment law requires that sale of
equipment be by bid. Staff recommended the bid process be handled
by an experienced industrial auction house. Bids were submitted
by Nationwide Auction Sys., Max Rouse and Sons, and Tauber-Arons.
I~ was recommended by staff that the bid of Tauber-Arons be accepted
at 10% commission, advertising & expenses, at cost, $4,000 maximum.
(See staff report.)
It was MOVED by Member Lojeski, seconded by Member Harbicht and
CARRIED on roll call vote as follows that the Agency be authorized
to contract with Tauber-Arons Auctioneers for the sale of equipment
on the Bong site. The contract to be in a form approved by the
Agency General Counsel.
AYES:
NOES:
ABSENT;
Members Chandler, Gilb, Harbicht, Lojeski and Young
None
None
Member Gi1b asked how soon the equipment would be sold and off the
property. Staff replied by late January, 1987.
The meetin9 adjourned to 6:45 p. m., January 6,1987.
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COUNCIL RECONVENED
AUDIENCE PARTICIPATION
Robert N. Mohs, Nationwide Auction Systems, 615 N. Euclid, Ontario, CA.
inquired about the award of auction contract by the Redevelopment
Agency (Item 3d). His company had been contacted by the Agency and
they had submitted a flat rate commission of 10% to do the auction.
He had questions as to why the contract was awarded to Tauber-Arons
Auctioneers. He had had a telephone conversation with staff earlier
in the week and apparently had misunderstood some of the information
provided. Staff stated that Mr. Mohs was welcome to read the staff
report dated December 16, 1986 on the subject and a copy of the
report was presented to Mr. Mohs.
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6.
6a.
HEARING
SCHEDULED
(Jan.6,1987)
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6b.}"'" /:; f
PURCHASE OF
BENCH & WASTE
CONTAINERS
6c.
PURCHASE OF
AERIAL TRUCK
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6d.
WORK
ACCEPTANCe:
Job. No. 588A
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6e.
ARA FY 1985-
86 REPORT TO
THE STATE
DEPT. OF
HOUSING &
COMMUN ITY
I DEVELOP.
6f.
f FINAL MAP
44559
(410-412 E.
Camino Real
Av. )
29:0082
Charles Dean, 535 West Duarte Road, #43, representin9 the Silvergate
Homeowners Association, stated, in part, that it was their under-
standing that the developers will be asked if they would like to be
present when all" five members of the Council were in attendance when
the appeal is heard concerning construction of a board and care
facility at 607 - 611 W. Duarte Road. He said the Association
members would also liketo have the appeal heard before a full
Council. Mayor Young said she did not see any problem with that;
however, it was possible that the developer would not want to wait
until such time. The City Attorney said they would have to have
some input from the developer since he has a right to a timely hearing
on his financial commitment. Mayor Young said inquiries would be
made and Council would see if this is amenable to the developer.
CONSENT ITEMS
SCHEDULED a public hearing for January 6, 1987 for consideration of
M-86-l70, an appeal of the Planning Commission's action in denying
an appeal and affirming the Santa Anita Oaks Architectural Review
Board's denial of a proposed second-story addition, which involves
an overall remodel of the existing residence at 1328 Oaklawn Road
(Mr. and Mrs. Nabil Matter, owners).
APPROVED the purchase
bench at a total cost
from Capital Outlay.
of 5 additional waste containers and 1 additional
of approximately $2,500. Funds to be appropriated.c~
APPROVED specifications for purchase of new aerial truck. Finance
Department is AUTHORIZED to solicit bids for the replacement of this
uhit. The existing truck was purchased in 1967 and recently sustained
severe damage in a tree topping operation.
ACCEPTED and AUTHORIZED final payment pursuant to the terms of the
contract for work performed by Busy Bee Landscaping Co., for the
replacement of 137 bottlebrush trees with 15 gallon ficus trees and
131 brick tree wells with concrete tree well covers at Huntington
Drive from Santa Clara to Fifth Avenue and on First Avenue from Alta
Street to Santa Clara Avenue. The contract amount of $38,959.00 was funded
from Community Development Block Grant Public Works Funds.
APPROVED the Arcadia Redevelopment Agency FY 1985-86 Report to the
State Department of Housing and Community Development.
APPROVED Final Map 44559 for a six lot subdivision at 410 and 412
East Camino Real (the extension of Winnie Way) filed by Loren
Phillips & Associates, Engineers. This is subject to the condition
that all outstanding conditions of approval must be complied with
prior to the recording of the Final Map.
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6g.
PROP. A
DISCRETIONARY
GRANT FUNDS
(DIAL-A-RIDE)
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7a.
ORD INANCE
NO. 1848
(ADOPTED)
7b.
RESOLUTION
NO. 5333
(ADOPTED)
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CITY
A HORNEY
IMPARTIAL
ANAL YSIS
(ADOPTED)
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APPROVED Memorandum of Understanding for receipt of fiscal year
1986-87 Proposition A Discretionary Grant Funds between the Los
Angeles County Transportation Commission and the Arcadia Dial-A-
Ride and AUTHORIZED the Mayor and the City Manager to execute the
agreement in a form approved 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: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
NOES: None
ABSENT:None
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CITY ATTORNEY
The City Attorney presented, read the title and explained the
content of Ordinance No. 1848, entitled: "AN ORDINANCE OF THE
CITY OF ARCADIA REZONING THE PROPERTY LOCATED AT 607-11 WEST
DUARTE ROAD FROM R-l (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-
FAMILY RESIDENTIAL)".
It was MOVED by Councilmember Gilb, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that Ordinance
No. 1848 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
None
None
The City Attorney presented, read the title and explained the
content of Resolution No. 5333, entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A
CITY MEASURE".
It was MOVED by Councilmember Chandler, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Resolution
No. 5333 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
None
None
Discussion ensued on Resolution No. 5333 and the Report of the
City Attorney Impartial Analysis - Charter Amendment Election.
The City Clerk replied in answer to a question that the deadline
to receive the arguments for and against would be January 16, 1987 I
at 5:00 p. m. The City Attorney stated that each argument could
have five signatures. It was the consensus of Council that Council-
member Harbicht would write the argument in favor and Councilmember
Gilb against the measure.
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that the City
Clerk be directed to transmit the ballot,measure to the City
Attorney for preparation of an impartial analysis regarding the
Charter Amendment proposition to be presented to the voters at
the April 1987 Special Municipal Election.
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7d.
RESOLUTION
NO. 5336
(ADOPTED)
TRANSFER
OWNERSHIP
CABLE TV
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8.
9.
LOJESKI
LOJESKI
29:0084
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
None
None
The City Attorney presented, read the title and explained the
content of Resolution No. 5336, entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CI1Y OF ARCADIA GRANTING A CONDITIONAL ELEVEN
DAY EXTENSION TO THE TRANSFER OF THE ARCADIA CABLE TELEVISION SYSTEM
FROM GROUP W CABLE, INC. TO DANIELS AND ASSOCIATES, INC."
It was MOVED by Councilmember Harbicht, seconded by Mayor Young
and CARRIED on roll call vote as follows that Resolution No. 5336
be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Council members Chandler, Gilb, Harbicht, Lojeski and Young
None
None
MATTERS FROM STAFF
The City Manager referred to Item 2 in the City Newsletter of
December 11 rega rd i ng 1 oca 1 access to Cab I e TV. He noted 6 items
in the draft letter to Cable TV concerning public access and local
origination. Staff wondered if Council had any additions or
changes to make in the letter before it was transmitted. Mayor
Young inquired if the list of kinds of events was in the contract.
Staff replied the list as such was not, but it was a start. It
was MOVED by Councilmember Lojeski that the letter be sent and
seconded by Mayor Young and CARRIED.
MATTERS FROM ELECTED OFFICIALS
Discussion ensued about a letter to Mr. Cheney of Best Disposal
regarding a complaint from a citizen who paid his trash pickup bill
twelve months in advance and now has received a bill for additional
money. He wanted to know if a reply had been received. Staff
replied they had not received a reply, but felt they would hear
shortly.
Mentioned a homeowner on Alta Oaks who was planning to have a
large number of oak trees cut down. A neighbor called Councilmember
Lojeski who called City Hall and eventually the matter was resolved
by the City Attorney who sent a police officer to the property
owner with instructions that the oak trees were not to be cut down.
Councilmember Lojeski suggested that perhaps the City could communicate
with the local Board of Realtors - the board which has between 750 and
800 members. Perhaps a pamphlet of some sort outlining Arcadia's
rules, regulations and requirements could be prepared. and presented
by the realtors to buyers. Mayor Young inquired if the City did not
already .have such a pamphlet. Staff replied in the affirmative, but
it could be updated. Such pamphlets had been given to the Chamber
of Commerce to 9ive out and may be given to the Board of Realtors.
Mayor Young said she would be glad to sign such a letter directed
to the President of the Board of Realtors. Councilmember Gilb
remarked that actually there are five kinds of trees which may not
be cut down.
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HARBICHT
GILB
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YOUNG
10.
ADJOURNMENT
(Jan.6,1987)
ATTEST:
Christine
29:0085
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Requested an update on the results of the recommendations
made after the Downtown Revitalization Study. He further stated
that he knew that there had been a number of public improvements
and wondered how matters were progressing with the private sector.
Staff replied that they were presently searching for a consultant
who would actually handle a three-way program: 1) signage;
2) financial assistance for design of facade and 3) financial
assistance for the facade itself. As soon as this is accomplished,
a flyer will go out to every tenant and property owner. Contact
will also be made with the Downtown Business Association. Counci1-
member Gi1b said he did not think it was a small problem because
some of those buildings are deteriorating and suggested perhaps
something could be done to encourage the owners to make improvements.,
Councilmember Harbicht said he thought they could try the persuasion
approach. Mayor Young noted that some of those buildings are pre-193
and therefore are not earthquake-proof buildings Counci1member
Lojeski thought they should talk about the money available for
facade improvements. Some recommendations should be available as
to the time frame by the next Council meeting.
Counci1member Gi1b made a M'JTIoN as follows: "I MOVE to designate
this Friday, December 26, 1986 as a holiday for all City employees
with sworn Police and Fire Department personnel to be accorded, at
the discretion of their department head, either pay for one holiday
shift at straight time or a floating holiday to be taken at a time
approved by the department head. This motion applies to Friday,
December 26, 1986 only and is not to be deemed binding or set a
precedent for subsequent years." Motion seconded by Counci1member
Chandler and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers
None
None
Chandler, Gi1b, Harbicht, Lojeski and Young
The City Manager explained how this will be done without extra expense.
Mayor Young was advised on how the benches, authorized for purchase,
drain.
The meeting adjourned at 8:50 p. m. to 6:45 p. m., January 6, 1987
in the Conference Room to conduct the business of the Council and
Agency and any Closed Session necessary to discuss personnel, litiga-
tion matters and evaluation of properties.
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