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HomeMy WebLinkAboutJANUARY 20,1987_2 , 29:0097 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN .THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Dec.16,1986) (Jan.6 ,1987) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I 1.. PUBLI C HEARING P' APPEAL CUP , 607-611 W. Dua rte Road (DENIED) M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA a nd the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 20, 19a7 The City Council and the Arcadia Regeve10pment Agency met in a regular session, January 20, 1987 at 7:30 p. m. in the Arcadia City Hall Council Chamber.' Dr. Margaret M. Stevens, The Santa Anita Church City Attorney Michael Mi11~r PRESENT: Counci1members Chandler, Harbicht, Lojeski and Young ABSENT: Counci1member Gi]b It was MOVED by Councilmember Lojeski, seconded by Counci1member Chandler and CARRIED that 90unci1member Gi1b be EXCUSED. On MOTION by Counci1member Lojeski, seconded by Counci1member Harbicht and CARRIED, the Minutes of the December 16, 1986 adjourned and regular meetings and the January 6, 1987 adjourned and regular meetings were APPROVED. It was MOVED by Counci1member Chandler, seconded by Counci1member Harbicht and CARRIED that all ordinances and resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY The City Attorney announced that, prior to this meeting, City Council and the Redevelopment Agency met in a CLOSED SESSION pursuant to Government Code 54956.8 to instruct its negotiators regarding potential price and terms related to possible acquisition of certain property, specifically the Armory property owned by the State of California and the Continuation High School property owned by the School District. Consideration of an appeal by Boller, Suttner & Peterson, representing the Si1vergate Condominiums located at 585 West Duarte Road of the Planning Commission's decision in granting a conditional use permit to construct and operate a 110 room board and care facility at 607-611 W, Duarte Road (Go1drich, Kest and Associates, developers). -1- 1 /20/87 SUMMARY 29:0098 The Planning Commission considered a revised plan which provided for the 110 rooms with 40 parking spaces and 7,760 sq. ft. of open space. There was a condition stipulated in the approval that the maximum density 'not exceed an average of 1.2 persons per room or a total of 132 residents. The site is in an R-3 zone in which a board and care facility is a permitted use and staff noted in the staff report that, based upon parking studies for this type of facility and staff's observation of other locations, there would not be an increase in traffic hazards because few of the residents would drive. Attached to the staff report were copies of communications from adjoining property owners in opposition to the original 130 unit application setting forth their concerns and objections. It was noted in the staff report that some of these concerns are mitigated in the revised plan which is before the City Council at this time. The findings of the revised (110 unit) facility were discussed; because the use is an appropriate use in the R-3 zone with an approved conditional use permit, the cumulative impacts would be a less intense use than a multiple family development; specific conditions of approval were applied to mitigate potential problems and concerns; 40 parking spaces are adequate based on studies of existing facilities in other communities and existing facilities in Arcadia; that this type of facility does not generate a large amount of traffic; Duarte Road is a m~jor arterial and Arcadia Avenue has been widened and that facility would not have a significant effect on the environment. I Staff advised, in part, that Boller, Sutter & Peterson, representing the Si1vergate Condominiums, appealed the decision of the Planning Commission stating, in part, that the proposed facility deviates substantially from existing law and outlined the variances from the code. The back- ground of the current regulations were explained in the staff report and it was also noted there were two existing retirement/board and care facilities in the City and one under construction ... in all cases, th~ same standards applied. Mayor Young declared the hearing open and John Peterson, Attorney representing the Si1vergate Condominiums, spoke at length stating; in part, that the many deviations which have been approved, while minor, collectively they are not minor... that if the Code needs change, that is a perogative of the City. He felt an Environmental Impact Report should have been required and referred to portions of the staff report dated January 20, 1987 which responded to his "Suggested Assessments". Mr. Peterson further stated, in part, that he feels the proposed use is replacing the existing use, a mortuary with very little impact on the environment, with a highly commercial use for a facility serving 132 residents ... though the area is zoned R-3 with apartments and condominiums permitted, He expressed concern about the traffic on Duarte Road which is already very congested ... there will probably be 1imosines, buses and vans which will have to park on the street .,. also elderly persons will have to cross Duarte Road to reach the medical facilities on the south side ;..' also City services would be increased ... paramedics and the like. In response to a question, Mr. Peterson said that the Silvergate Condominiums had fewer parking spaces than required by Code for which a variance had been granted ... originally the building was for apartments, but later converted to condominiums. He requested rebuttal I time, Earl Waynick, 585 W. Duarte Road, #15, felt that Arcadia Avenue would become a commercial traffic area in order to service the kitchen with delivery trucks and other service vehicles. There are already food and laundry trucks from the bowling alley using Arcadia Avenue. He said the main objection of the owners of condominiums is that it is a commercial use .., like a small hotel... they prefer an apartment or condominiums. He felt a commercial enterprise would be detrimental to the property owners and the number of variances granted excessive. 1/20/87 -2- 29:0099 Charles Dean, 585 W. Duarte Road, #43 said, in part, that he had been asked by the Homeowners" Association of the condominium to research City Codes. He felt the number of variances granted was 'excessive and enumerated those ... also he felt an Environmental Impact Report should have been required because the population density will be so much higher; crossing Duarte Road will be dangerous for the elderly residents since the average age is to be 74, If another three story building is permitted on the west side of the condominium, their property will be valueless. He asked Council to preserve the area and uphold the laws. ' 1 Albert Lohr, 585 W. Duarte Road, #19, referred to the possibility of a violation of the law considering 'the many variances, to which the City Attorney said, in part, that it was the responsibility of his office to see that the 1awl'iwas uphe~d... that the building codes were set up to allow modifications and variances and if these were approved there was no violation of the law. ' Mr. Lohr was also concerned about what would happen if the State does not approve the facility. He felt it the responsibility of the City Council to oppose the Planning Commission decision. ' Winston H. Bowman, 585 W. Duarte Road, #23, stated, in part, that he was concerned about the negative impact on property. The value of condominiums recently has been a problem anyway. He is concerned about the additional traffic since it is a congested area. He was also concerned about the proposed density of population in the proposed retirement facility. , Shirley Prince, 585 W. Duarte Road, #16, stated, in part, that the goings and comings from her condominium were regulated by the traffic on Arcadia Avenue. They bought their condominium just a week before the news came out about the possible construction of the retirement fici1ity. Although her address is on Duarte Road, the entrance and exit to her home is from Arcadia Avenue. She was concerned that the loading dock for deliveries would be on the Arcadia Avenue side and her visitors would be coming past this area when they arrived or departed. She felt the other structures in the area and the churches maintained the low family atmosphere. Arcadia is supposed to be the City of Homes -- she and her husband love Arcadia the way it is and do not approve of the proposed facility. Russell Prince, 585 W. Duarte Road, #16 stated, in part, that he felt there should be an Environmental Impact Report, especially deal- ing with the traffic problems. He was opposed to a facility with 150 people plus staff and visitors as well as community kitchen being built next door to this condominium. Did not think this project should continue without an Environmental Impact Report. " IN FAVOR Robert Hirsch, Partner, Go1drich, Kest-& Associates, 15233 Ventura B1 vd :,' Sherman Oaks, stated, in part, that he had not previously had such an experience as he has faced ,in' Arcadia. He has wanted to build in Arcadia for a number of years. Finally the owners of the mortuary decided to sell and, because of tax situations, wanted to close .,____es~.r:ow_ pr.J.o.r_to_th,e _eJ)cL.9,fJ be_y.e.a_r.;...Jl:!~reforg, . the proI1ert,)' wa sp' urc hased prior to buiilding approvals being obtained. :rhe"'?S'cf'Ow"'c'los'ecfo/,~ December. He had received unanimous approval from the Planning Commission. The s.ite is logically zone'd and located for such a facility. He has the right, with an R-3 zoning, to consider other uses of the land and has looked at fallback positions, but is not too interested in building another condominium. The property was purchased for the express purpose of a retirement complex. "I 1/20/87 -3- ./ RFBUTTAL {Peterson} 29:0100 The original application was for 130 rooms. After meeting with the adjacent homeowners, he scaled down the application to 110 rooms. To help meet many of their concerns he also relocated the kitchen and the trash area which is enclosed. He explained in detail the parking off Arcadia Avenue for use of the residents with cars and the employees. In listening to the people, he feels there is a fear of what he is planning to do and the underlying fear that perhaps the property values will decline. He did not feel that property values will be affected adversely, In fact, they may increase as a result of I having a six million dollar, well designed and well maintained building immediately adjacent to them. This building will provide many set- backs and open spaces which the average apartment building would not have. Mr. Hirsch explained a rendering of the proposed facility. He stated that the kitchen would be toward Arcadia Avenue. Deliveries would be received about three times a week. There would be no deliveries of laundry. Becaesec of the homeowners' concerns they created a guest laundry facility separate from the building laundry. Mr. Hirsch described plans for the grounds,driveways, entrance way, courtyard, dining room, living rooms, etc. The third floor will have a 22' setback. The building will not be as tall ~s the adjacent condo- minium inasmuch as the condominium is built on a grade. In response to questions, Mr. Hirsch continued, in part, that there will be a licensed administrator; licensed by the State Department of Public Health. Every room and bathroom will have emergency call devices. There will also be a doctor's treatment room so the residents would not have to go to the doctor's office. He sub- mitted data including the developmental statistics of the build- ing and census information. Later in the meeting, Mr. Hirsch gave financing reports. As to parking faciTities, this retire- ment board and care unit will not create the traffic and parking problems as much as a 33 unit apartment building which could be constructed on the site. Mr. Hirsch asked Council to consider the reV1Slons he has made in the plans in an endeavor to meet the concerns of the adjacent condominium residents and also to permit 1,5 persons per room, i. e., 103 rooms for approximately 154 persons. The residents will not be going and coming all the time ,., they have social activities in the complex. In noting statistics of the numbers of elderly, this type of facility is needed. In concluding his remarks, he said, in part, that when the resident applies for occupancy, they must have a letter from their doctor stating their health and must be ambulatory. He did not feel the local emergency units {Paramedics} would have to be relied on ... if the cause were not of an emergency nature the resident's own doctor would be contacted. He has a vested interest in the faCi1il. to maintain it substantially, perhaps higher than most of the apartmen owners or even some condominium associations. He would like to be welcomed as a neighbor and a businessman in the City. Mr. Peterson referred to the fact that the escrow has closed. He hoped Council would consider that the developers are sophisticated real estate people ... very successful. Sympathy should not enter the picture as to whether or not the project should or should not be approved. He noted that Mr. Hirsch has supported his earlier contention that Arcadia Avenue would be used by the residents and employees -- not visitors. If the facility were constructed as represented by the rendering and if it met the requirements for density, ~here would probably not be a problem. The applicant now asks for in- creased density which was appalling to him, 1 /20/87 -4- I I REBUTTAL (Hirsch) REBUTTAL (Peterson) HEARING CLOSED 29:0101 With reference to Mr. Hirsch's statement that the residents would not have to cross Duarte Road to visit a doctor ... the doctor would be called to the facility. He said, in part, it is rare for doctors to make house calls anymore. Mr. Peterson wanted it understood that no one is attacking the project, however, the oPPosition he is encounter- ing might indicate to him (Mr. Hirsch) how important upholding the zoning requirements is to the neighbors. He questioned the ability of the proposed staff to meet the needs of the residents. As to the number of variances granted ... how many before the zoning ordinance is disregarded ... notwithstanding that these procedures are permitted'under the Code it should be considered that density requirements were written for a purpose and they are being disregarded in this case. Mr. Hirsch then stated, in part, that although he can go ahead and build something else on the subject site, he would rather not ... but something is going to be buil t there by someone... he brought up . what other developers might do or not do to make it more attractive for their bankers and buyers ... noted that locating the driveways to the left away from the condominium was done deliberately for the benefit of the condo owners. There is no control over what another building might look like... and drew attention to the rendering and the decrease in the rooms to 103, the 40 parking spaces remain; landscaping has been increased;there will be a wider separation between the buildings .... noted how part of the building will give a one story appearance. Mr. Hirsch then explained the financing and why he must have the condition of 1.2 persons imposed by the Planning Commission increased to 1.5 persons. Mt. Peterson spoke again and said, in part, that Council is now being asked to be sympathetic to Mr, Hirsch's financial needs ... to consider the lenders .,. he did not consider it a favor to the condominium residents by diminishing the units from 110 to 103 and then ask for the. density to be increased from 1.2 to 1.5 ... he said it is a wash at best. The hearing was CLOSED on MOTION by Counci1member Harbicht, seconded by Counci1member Lojeski and CARRIED. Counci1member Harbicht stated, in part, that he thought there were adult, thoughtful presentation on both .sides and appreciated pOints that have been made, He felt some of the concerns were overstated ... there has been a great deal of discussion about the code require- ments and the variances. It should be realized that regulations were established.at a time when this type of facility was not anticipated. The City has approved three developments of this type... actually condominiums to the east would not qualify under the code requirements. For instance, there is no such density restriction on the condominium next door. Because there happens to be an average of two people per, condominium is not because there is a restriction to two people; it just happens to work out that way. Residential restrictions are definitely more liberal than that. Also comments about elderly people requiring more services; actually every time we add a person to the City we add" a need for more services. He was appalled by the thought that we should discourage elderly people from coming to our City just because they might neea more public services. That is why we have a city -- to provide public services. Regarding traffic, he could not see the validity of that argument. There will be far fewer. cars for this facility than for virtually anything else that could be built on this property. 1/20/87 -5- 29:0102 Also conflicting arguments about whether we are concerned about traffic on Arcadia Avenue or traffic on Duarte Road. Fact is, something is going to be on this lot and whatever it is, it will generate more traffic. .It has to 90 one way or another -- either Arcadia Avenue or Duarte Road. Everyone would like tree covered lots next to his own property, but the reality is that the property is going to be-developed and consideration must be given to what other things might be on this property. When he ~ooks at the various alternatives, he frankly believes that this is one of the least intensive uses. in terms of its impact on its neighbors that could be allowed there. Everything else he can think of would generate more traffic and more noise ... this seems to be an ideal buffer between a multi- I residential area and the commercial area. He felt that the appeal should be denied. As to density, he does not know just what the answer might_~e -- what effect do different densities have on surround ing propertiesT He questioned if density of 1.2, 1.4 or 1.5 is going to make that much difference with the impact on the surrounding area. The Council is endeavoring to protect the property rights of the deve 1 oper and also the property ri ghts of the others. Counci1member Chandler stated, in part, that Mr. Peterson had suggested that Council not have sympathy for Mr. Hirsch and he doesn't since Mr. Hirsch owns 31 of these buildings, Mr. Hirsch does own the property and he does have the right to sell it or build condos or apartments or whatever within the zoning. He has sympathy for the homeowners but felt many of these concerns have been emotionally exaggerated. As .for parking, it is his opinion that this is the best situation. .. compared to 33 apartment units and the kinds of parties and kids, visitors, etc. that is allowed. This is a sedate senior hotel, What could potentially be there and better in terms of traffic problems, parking on the street? He was convinced that 33 apartment units would generate a great deal more traffic. As far as cooking odors ... he could envision 33 kitchens perhaps with outside barbeques '" as opposed to one kitchen with commercial filters ... there would be less cooking odors from the board and care facility. He also felt there is an exaggerated concern that the area may become overpopulated As to the traffic on Baldwin Avenue, it will always be there, especially on race days. Crossing Duarte Road will also not be changed ... it will be just as dangerous whether or not this facility is built. The density change would amount to 22 more people and it speaks to the ability to have a man and wife live together as opposed to one person per room. He also felt the Planning Commission had gone out of its way to make sure not to restrict another developer of a board and care facility to absolutely one person per room so that husband and wife could stay together. Counci1member Chandler felt there is no doubt this will be operated professionally and favored the development ... that when all is said and done and when emotions have subdided he felt it will turn out to be the best option of others which could be constructed on the site. I Counci1member Lojeski saiil; in part, that the project is the least intensive use for the location ... there would be so much more traffic noise, parking problems, many more people .., for a lot of possibi1itie for other developments. The age of the people who will reside in the facility is a real,. consideration ... as opposed to many young families next to the condominium. He commended Mr. Hirsch on his revised plans with so much open space and the concerns of the neighbors have been addressed with insight. He felt the developer has a good track record and noted that no such restrictions were placed on the other three facilities. He really could not see any significant difference in changing it from 1.2 to 1.5 persons per room ... he would uphold the Planning Commission decision. ' 1/20/87 -6- y I I , " 29:0103 Mayor Young complimented the participants on a nice and orderly presentation. One of her major concerns was for the elderly and she felt that the City is just growing older and it needs to address that matter. She felt it was better to have such senior residences available than to have lonely seniors living alone in run down houses ... safety for seniors is most important. The facility is not a convalescent hospital and the activities and comings and goings will be much different. She noted that within the last few years, the City has improved Arcadia Avenue -- it has been widened and is now a very useab1e street. This was done because it was realized that this land would be developed. She felt this is a viable project for this piece of land. She expressed gratitude to the developer on his plan to reduce the number of rooms. Density was one of her problems. Could see him having 103 rooms with 103 single seniors living there, but she can also see him having a vacancy for a husband and wife to stay together ... would 1ike,that flexibility so that couples may stay together. ,She agreed tha~ this is a good project. It was then'MOVED by Counci1member Chandler, seconded by Counci1- member Lojeski and CARRIED on roll call vote that the appeal be denied; that this project be APPROVE~r-the Negative Declaration be approved and filed; find that the proJect will not have a significant' effect on the environment and that staff be directed to prepare the appropriate resolution incorporating the specific findinss and conditions of approval set forth in the staff report including 103 units as opposed to 110; density from 1.2 to 1.5 persons per room maximum and all other conditions in Planning Commission Resolution as adoPted. AYES: NpES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b 1/20/87 -]- 2. HEARING CDBG FUNDS 1987 -88 (APPROVED) 1..\ ,?\l;o f \ ,) .' ~ 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL ( Dec. 16 ,1986 ) (Jan. 6,1987) (APPROVED) 4c. DESIGN REVIEW (.333 N. First Av) (APPROVED) q / 1-- 'J. f ~;)..q1 29:0104 The City Council was informed by staff that the Community Development Commission has advised that Arcadia will be receiving approximately $246,156 in Community Development Block Grant Funds for the fiscal year 1987-88. It was noted that the cost project summary must be submitted to the County no later than February 13, 1987. Staff report dated January 20, 1987 outlined the various projects in which the City is participating ... the budgets for each, and available monies as of Janua ry 14, 1987. Mayor Young declared the hearing open and Mrs, Johanna Hofer, 875 Monte Verde Drive, asked Council to consider allocating some of these I funds for the construction of some type of shelter over the various bus stop' benches throughout the City. This might help people who suffer from the elements when using the bus for transportation. She said, in part, that other cities have these, such as Beverly Hills and Temple City. Temple City used Proposition A funds; the larger shelter cost them $4,800 each and the smaller $3,500 each. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by ~0~ci1member Chandler and CARRIED. ' It was further MOVED by Counci1member Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Council APPROVE the allocation of funds as outlined in the Cost Summary, and AUTHORIZE the City Manager to execute the Memorandums of Understanding which are to be submitted to the County after a specific project is formally approved by the City. AYES: NOE's: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gilb CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Chandler, Harbicht, Lojeski and Young ABSENT: Member Gi~b It was MOVED by Member Lojeski, seconded.by Member Harbicht and CARRIED that Member Gi1b be EXCUSED. On MOTION by Member Harbicht, seconded by Member Lojeski and CARRIED . the Minutes of the Meetings of December 16, 1986 and January 6, 1987 were APPROVED. I The Agency considered a Design Review for 333 N, First Avenue which is Qccupied by. the Howard's Battery Shop. The existing land use is for industrial being in an M-1 zone and surrounded by light industrial, commercial, automotive garage and light industrial, The land is 50' on First Avenue and 141.69' on la Porte Street. Expansion plans include raising a portion of the roof to enable the use of a hoist within the building and expanding the overall garage area by modifying the former dwelling unit on the property for such use. 1/20/87 -8- I 4d. LAND ACQUISITION (218 E. Htg.Dr) (APPROVED) '-/ qrP r I :I- I 4e. RENTAL G & S TOWING (APPROVED) / /JCj1 r t I $ 1;1 f I 29:0105 Staff's report dated January 20, 1987 sets forth all the particulars of this project. It was MOVED by Member Lojeski, seconded by Member Chandler and CARRIED on roll call vote as follows that the Agency authorize a variation from the Redevelop- ment Plan and APPROVE the Design Review subject to conditions as follows: 1. That all State and City Codes be satisfied (e. g., zoning, pui1ding and safety, etc.), 2, That the applicant satisfy all items req4~sted by the Fire and Public Works Departments and the Agency, as listed in staff report dated January 20, 1987, 3. That the bui1din9's exterior, landscaping, signage and parking area shall be maintained to the satisfaction of the Plannin~ Director, . 4. That the Agency approve the Owner Participation Agree- ment, and ' 5. That this Design Review shall be in effect for a period of one year, consistent with Resolution No. ARA-126. , . AYES: NOES: ABSENT: Members Chandler, None Member Gilb ~arbicht, Lojeski and Young: Staff report noted that on January q, 1987 the Agency gave preliminary direction to staff to purchase Bob's Beef Burger, 218 E. Huntington Drive. (The owners are Mr. and Mrs. Robert Kleckner.) for $497,500, including land, improvements and business. The offer consists of $400,000 for land and improvements, $10,000 for an in-lieu relocation payment and $87,500 for the business and any other claims. The Agency reviewed co~tents of the draft Purchase Agreement which was prepared by the Agency Special Counsel. The document contains the agreement between the parties as well as instructions to open escrow. The only changes made in this Agreement are: the inclusion of the name of Donald Kleckner, the naming of the LeComet Escrow Company and technical changes to protect the Agency. It was MOVED. by Member Chandler, seconded by Member Lojeski and CARRIED on roll call vote as follows that the Agency approve the purchase agreement between the Agency and Mr. and Mrs. Robert Kleckner and Donald Kleckner for property at 218 E. Huntington Drive, in the amount of $497,500, and that the Agency Executive Director be AUTHORIZED to execute said Agreement. AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski and Young None Member Gil b It was noted in the staff report dated January 20, 1987 that G & S Towing has rented Agency owned property at 135-41 Wheeler Street since January 10, 1982. This Agreement expired January 10, 1987. A new rental agreement has been negotiated with She1vy Day of G & STowing which will extend the use of the property. The new rent will be $500 per month and the agreement will be for two years. Provisions are in the agreement for the Agency to take possession before the term expired with a 90 day notice. G & S will provide insurance, in form approved by the Agency General Counsel. G & S will not receive relocation or related benefits if the Agency terminates the rental agreement early. It was MOVED by Member Harbicht, seconded by Member Lojeski and CARRIED on roll call vote as follows that the Rental Agreement with G & S Towing Service subject to the terms outlined by staff be APPROVED AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski and Young None MelTlber Gil b 1/20/87 -9- 4f. DEMOL IT ION 301 E. Santa Clara (CONTRACT AWARDED) '6 1"( rj)q 4g. NISSAN/ AGENCY LAND EXCHANGE 0 J 1/r ~Cl r ~J'-' , 4h. ADJOURNMENT 5. 6. 29:0106 Staff advised that bids were solicited and received for the demolition of the improvements at 301 E. Santa Clara Street (Kiewit). Nine requests for proposals were mailed out and only one respondedi Three D Service Company submitted a bid in the amount of $24,000 ($22,500 for the demolition and $1,500 for soils testing). It was noted that should soils tests reveal significant contamination, the cost to cure the problem is $4,800 per truck load to haul the contaminants away and $9 for each cubic yard of soil hauled into the site as clean fill. The soils testing process was included on recommendation of the Agency's contractor on the Kiewit fuel tank removal. It was MOVED by Member Lojeski, seconded by Member Chandler and I CARRIED on roll call vote as follows that the Agency contract with Three D Service Company for the demolition work at 301 E. Santa Clara " Street and AUTHORIZE payment fn an amount not to exceed $35,000 ... $24,000 plus $4,800 for cleanup and dumping of one truck load of contaminated material, plus 20% for other unforeseen contingencies. AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski and Young None Member Gil b Staff advised that Jules Sandford, Attorney for Bruce Low (Arcadia Nissan) has asked for a two week extension on the land exchange, inasmuch as the appraisals had just been received and they had not had an opportunity to review same. It was MOVED by Member Harbicht, seconded by Member Lojeski and CARRIED on roll call vote that the matter be continued to February 3, 1987. AYES: NOrS: ABSENT: Members Chandler, Harbicht, Lojeski and Young None Member Gil b The Agency adjourned to a CLOSED SESSION at the close of this meeting. CITY COUNCIL RECONVENED AUDIENCE PARTICIPATION George J. Rappucci, 1018 La Cadena Avenue, read a statement concerning the proposed ordinance which would prohibit security bars. He ex- plained how his home is equipped with such bars and asked Council not to adopt the ordinance and submitted' instances which happened which led to the installation of security devices. (Letter on file in the Office of the City Clerk.) Donald Lee, no address given, asked Council to consider a grandfather clause in the proposed ordinance on security devices for the benefit of those who collect firearms. He is a member of the San Gabriel I Valley Arms Collector's Association. He spoke of the unique problems of the members to protect their collections and asked Council to give this serious consideration. Counci1member Chandler said he had received a communication on the same subject. The City Attorney advised that this would be a procedure for confidentiality... grandfathering in certain persons .., the proposed ordinance does not do that. If Council determined to make such a provision, the ordinance could be amended and brought back to Council at a later date. In response to a question, the Planning Directo~ , explained the procedure for obtaining a variance from the ordinance and said, in part, that it would require a public hearing with interested persons giving their names and addresses for the record. 1 /20/87 -10-' I 7. 7a. TITLE REPORT & APPRAISALS AUTHORIZED (Surplus Land) p;frllCY 29:0107 Elmer Black, 2236 Highland Oaks Drive, explained his situation with his video store at 130 E. Live Oak Avenue. He has iron gates across the front which open during the daytime and are closed at night. He submitted that he must have these and a1arm'systems in order to obtain insurance. He said he had discussed this with the Fire Department and had been told they did not have' a problem with them ... they have tools with which to enter properties with iron bars. He was not being contrary, just wanted to acquaint Council with the problems encountered by bus j'nes smen. Elizabeth Seim, 1011 La Cadena. said, in part, that she has had security bars for 16 years and wou1d'not want to remove them. She cited a burglary in her home which led her to have the bars installed. Don Shertino, 2260 Roanoke Road, San Marino, speaking on behalf of his son who resides at 556 Gloria Road, and because he (son) has a gun collection, he has had bars installed on the front of the house and has a Doberman Pincher who stays in the rear ... with a dog door so it can goiin and'out. His son feels safe now.' He asked Council to consider those persons with gun collections. Johanna Hofer, 875 Monte Verde Road, suggested requiring hold bars on the bathtubs in retirement facilities and referred to the State Code which requires these hold bars. Scott Briscoe, 16 A1ta Street, spoke about the lack of adequate parking for students at the High School and also the fact that they cannot park on E1 Monte Avenue between 7:00 a. m. and 9:00 a. m. 'and also between 2:00 p. m. and 4:00 p, m, He explored steps which he has been taking to endeavor to alleviate the difficult time in locating parking spaces. Council thanked him for his input and it was suggested that Mr, Briscoe take this up with the School Board. CONSENT ITEMS , , . , Request of Jack Kawahata, owner of Arcadia Muffler Shop, which he is moving to 635 E. Live Oak Avenue, ... would like to purchase the 25' alley adjacent to said address so he can expand his business. Staff has reviewed the City's need for this property and it appears surplus" and could be sold for fair market value to adjoining property owners as an addition to their property. Staff was AUTHORIZED to obtain a preliminary Title Report on the so-called alley and two letter opinion appraisals at a cost not to exceed $2,000; funds to be taken from General Fund Account #001-400-1701-6160 Professional Services. 7b. RFDUCTION OF APPROVED reduction in plan check fee for resubmission of plans for PLAN CHECK project at 618 Fairview Avenue. (Susan Piscitelli, General Partner FEES of the proposed condominium) The applicant shall pay only the actual (618 Fairview I cost by the City and its consultants for the rechecking of the plans, Av.)p: C&J(J/'.I" 7c. REMODEL OF APPROVED plans and specifications for Police Department pistol range POLICE DEPT. building remodel, Job No. 622 and AUTHORIZED the City Clerk to call PISTOL RANGE for bids to be open~d February 24, 1987 with report to Council March 3. BLDG. F 150&.J Construction to be completed by August 10, 1987. The project is funded (Job. No. 622) from Capital Outlay Fund. 7d. PURCHASE Council received the results of bids for the purchase of ~n aerial OF AERIAL ",' (truck as a replacement. The two bids received were: Pac -Power at TRUCK ;( ~~ $61,781.23 and Truck,Hydraulic Equip. at $64,177.48. Council 'AWARDED ~({~ the purchase of the aerial truck to the low bidder, Pac -Power, for a (: total of $61,781.23. Funds from the FY 1987-88 Capital Improvement Fund. I 1/20/87 -11- 7e. WORK ACCEPTANCE (Job. No. 559) 1-/ <b q f \ 29:0108 ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract for work perfonned by .Sunrise Landscapes for the installation of sprinkler systems, renovation of playing fields and the installation of baseball backstops, benches and protective fencing at Holly Avenue, Hugo Reid and Highland Oaks Schools. The final contract amount of $103,l95.00 is funded by $79,000 in State Grants with the balance from the Park and Recreation Fund. 10% of the contract amount will be retained for'a period of 35 days after acceptance of the work. Also, the sum of $1,800 will be withheld for 60 days after acceptance of work to insure that the 60 day landscape maintenance period is provided to staff's satisfaction. . I , 7f. ~ AWARD OF 60 APPROVED contract in the amount of $171,000.00 to the low bidder, CONTRACi/( \ Raymor Electric Co. for replacement of 98 antiquated street lights STREET with 62 new energy efficient street lights and underground conduit LIGHTING on Newman Avenue, La Porte Street, St. Joseph Street, A1ta Street, REPLACEMENT Bonita Street, Diamond Street, E1dorado Street, Fano Street and Genoa PROGRAM Street between Santa Anita Avenue and Second Avenue, Job Nos. 616 & 617. (Job Nos. Funds in the amount of $196,000 to be appropriated from the CDBG Fund. 616 & 617) Any informalities or irregularities in the bid or bidding,process were waived; and the Mayor and City Clerk were AUTHORIZED to execute a contract in a form approved by the City Attorney. 7g. PURCHASE OF VANS FOR DIAL-A-RIDE W., /10 r 8. 8a. SCAG DUES INCREASE 1; \ 0 lo r APPROVED purchase of three Dia1-A-Ride vans at a total cost of $93,781.35 from the low bidder, National Coach Corporation. The vehicles will be 80% funded by an Urban Mass Transportation Admini strati on Grant. The remaining 20% to be funded from Proposition A Local Return funds. Included in the purchase price are locking fareboxes, heavy du~y alternators, gas shocks, portable wheelchairs, two way radios, installation of radios and supporting equipment and an extended warranty. Any informalities or irregularities in the bid or bidding process were waived and the Mayor and City Clerk were AUTHORIZED to execute a contract 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: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member. Gilb CITY MANAGER Discussion held on the request of the Southern California Association, of Governments (SCAG) for the City's support of the proposed dues I increase for members ... to be voted on at the SCAG General As~emb1y Business Session on January 29, 1987. Mayor Young will be attending this meeting and would like tliis discussed prior;J.Q;;;;.tha{;,1i:il1)~..,~:..,,~.'o' It was noted that, "based on population, the initial increase to Arcadia will be from the current $693 per year to $1,183 per year.' Staff's report indicated that, in reviewing the justifJcation for the 'increase included in SCAG's"Prospectus for the Future", it appears that Federal and State funding cuts are the main reasons and that the dues have increased only slightly since 1965 along with a cut in its staff. 1/20/87 ~12~ I I 9. 9a; ORDINANCE NO. 1849) (NOT ADOPTED) 9b. RESOLUTION NO. 5337 (ADOPllED) 9c. RESOLUTION NO. 5338 (ADOPTED) 29:0109 It was felt that one aspect of the proposed dues increase would have little or no value to the City... that is the "membership service credit" to each member of 20% of its dues with which it could purchase services from SCAG. The City Manager observed, in part, that he could not recall when the City used the services of SCAG; that if the occasion should arise when SCAG services were needed by the City, they could be paid for at the time. He said SCAG services are needed but questioned the 20% credit. During this consideration, Gilbert Smith of SCAG responded to questions and explained the new dues assessment procedure and advised that this could be brought up at the meeting to be held January 29 when the member cities would be present. Mayor Young will attend the meeting and pursue the possibility of deleting the 20%. CITY ATTORNEY The City Attorney presented for adoption, explained the content and I'fead the title of,Ordinance No. 1849, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE UNIFORM BUILDING CODE AND ADDING A PART 6 TO CHAPTER 7 OF ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE REGARDING SECURITY BARS, METAL GRATES AND SIMILAR SECURITY DEV ICES IN RESIDENTIAL, COMMERC IAL AND INDUSTRIAL ZONES". NOT ADOPTED. Additional study to be made by staff. Council members will provide specific input to the staff. The City Attorney noted that if changes are to be made, the matter would have to go through the process again before coming back to the Council. The City Attorney presented, explained the content and read the title of 'Resolution No. 5337, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5241 REGARDING RACE TRACK ASSIGNMENT PAY (CAPTAINS AND LIEUTENANTS)". It was MOVED by Counci1member Lojeski, seconded by Counci1member Harbicht and CARRIED on roll call vote as follows that Resolution No. 5337 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Counci1members. Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b The City Attorney presented, explained the content and .read the title of Resolution No. 5338, entitled: "A RESOLUTION OF THE CITY COUNCIL " OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPEAL REGARDING A Twd~ STORY ADD ITION/REMODEL AT 1328 OAKLAWN ROAD (CASE NO. M-86-179)". It was MOVED by Counci1member Lojeski, seconded by Counci1member Harbicht and CARRIED on roll call vote as follows that Resolution No. 5338 be adopted to formally affirm the action of the City Council on January 6, 1987 reflecting the findings and the vote thereon. AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b CITY ATTORNEY Announced that the City Council and the Arcadia Redevelopment Agency will be entering a CLOSED SESSION at the close of this meeting pursuant to Government Code Section 54956.8 to discuss with the Agency negotiators potential price and terms for the acquisition ,. relative to the Derby, Nissan, Andy's arid the Derby Motel properties. . 1/20/87 -13- / .\ \ ( 9d. CLAIM OF J. DUNCAN (DENIED) ge. CLAIM OF ALL NIPPON AIRWAYS CO. LTD. (DENIED) 9f. CLAIM OF M. RAMIREZ, ET AL (DENIED) 10. 11. MAYOR YOUNG LOJESKI CLOSED SESSION ATTEST: 29 :011 0 On recommendation of the City Attorney, the claim of J. Duncan was DENIED on MOTION by Counci1member Harbicht, seconded by Mayor Young and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b On recommendation of the City Attorney, the claim of All Nippon Airways Co., Ltd., was DENIED on MOTION by Counci1member Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows: I AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b. On recommendation of the City Attorney, the claim of M. Ramirez, L. Ramirez, C. Ramirez, M. Brand, M. Ramirez, M. Ramirez, C. Ramirez, E. Lopez and M. Ramirez was DENIED on MOTION by Counci1member Harbicht seconded by Counci1member Chandler and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski and Young None Counci1member Gi1b MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Discussion held on communication from the State encouraging local communities to form a Bicentenia1 Commission to celebrate the United States Constitution. Mayor Young will research this, Also a communication concerning the establishment of a Challenger Center ." which asks for a Proclamation and to ask the businesses to donate .10% of their profits for a day which will go to the center. Mayor Young will issue a Proclamation and the other matter will be referred to the Chamber of Commerce. ' Was advised that staff is working on the. coyote problem... it seems the coyotes wander into the flood control channel which has overgrown brush at specific locations and is a concern to the residents whose properties are adjacent to the channel. The meeting adjourned to a CLOSED SESSION, reconvened at 11 :25 p, m. and adjourned to 7:00 p. m., February 3, 1987 in the Conference Room I to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. ~Yh()~~8~ Mary B. ung, Ma r ~~~ Christine Van Maanen, City 1120/87 -14- ... ,j'~ RESOLUTION NO. 5337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5241 REGARDING RACE TRACK ASSIGNMENT PAY (CAPTAINS AND LIEUTENANTS) WHEREAS, Resolution No. 5241 establishes various benefits for Management Employees; and WHEREAS, Police Captains and Police Lieutenants are included as such Management Employees; and WHEREAS, in order to properly compensate Police Captains and Police Lieutenants who are assigned traffic control duties for the race tracK, it is necessary to provide official authorization for subject employees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Resolution No. 5241 is hereby amended by adding a Subsection (g) to Section 5 to read as follows: (g) Police Captains and Police Lieutenants who are assigned to race track traffic control duties shall be eligible for race track assignment pay at those rates established in the Salary Resolution for Police Officers or Sergeants depending on their assignment. Subsection (f) of this section is applicable to this Section. , SECTION 2. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 20th day of January, 1987. Isl MARY B. YOUNG Mayor of the City of Arcadia ATTEST: Isl CHRISTINE VAN MAANEN City Clerk of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5337 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 20th day of January , 1987, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmembers Chandler, Harbicht, Lojeski and Young NOES: None ABSENT: Councilmember Gilb Isl CHRISTINE VAN MAANEN City Clerk of the City of Arcadia -2-