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HomeMy WebLinkAboutMARCH 3,1987_2 29 :0131 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 (Feb.17 ;1987) (Feb.23,1987) (APPROVED) ORD. & RES. READ BY T !TLE ONLY CLOSED SESS ION 1 l. PUBLI C HEARING (Parcel Map 87-2 ) (APPEAL GRANTED) . of' '.;,1 \'.JI bell y,SJ M I NUT E S CITY COUNCIL CF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MARCH 3, 1987 The City Council and the Arcadia Redevelopment Agency met in a regular session March 3, 1987 at 7:30 p. m, in the Arcadia City Hall Council Chamber. Rev. Roger Sonneberg, Our Saviour Lutheran Church Councilmember Dennis A. Lojeski PRESENT: Councilmem~ers Chandler, Gilb, Harbicht, Lojeski and Young ABSENT: None On MOTION by Counc i lmember Ha rb icht, seconded by Counc il member Gi 1 b and CARRIED the Minutes of the Adjourned and Regular Meetings of February 17, 1987 and the Adjourned Regular Meeting of February 23, 1987 were APPROVED. It 'was MOVEO by Councilmember Harbicht, seconded by Councilmember Lojeski and CARRIED that all ordinances and resolutions be read by title only and that the reading in full be waived. C!TY A HORNEY The City Attorney announced that pursuant to the Ralph M. Brown Act, Government Code 54956.8, the Agency. met inCLOSED SESS ION to instruct the City's negotiators regarding potential price and terms relating to,possible acquisition of properties relating to the Derby Restaurant and the North and Southside Project areas. The Planning Commission on January 27, 1987 voted 4 to 3 to deny Tentative Parcel Map 87-2 (request to create three lots which would be deficient in width) at 1604 - 1610 Holly Avenue and 369 W. Norman Avenue. An appeal was filed from this decision by the applicants, Murray Seidner and William Moore). The staff report indicated that the proposed subdivision would consist of three parcels of land, two of these parcels are legal lots at 1604 and 1610 Holly Avenue and were approved by the Planning Commission on August 12, 1975. Both of these lots are 125' in width and 100' in depth. The third parcel consists of the northerly 240' of 369 W. Norman Avenue is an illegal subdivision which took place in 1964. Lots 1 and 2 would have lot widths of 83.33' and Lot 3 would have 83.34' in width -- in lieu of the Code requirement for 100' width. All three parcels are vacant and zoned R-O 12,500 sq. ft. 3/3/87 -1- " "" , , , ," ',1 " 29:0132 Mayor Young declared the hearing open and one of the,applicants, William Moore, addressed Council quoting from a portion of the Planning Commission minutes and circulated pictures of homes which were similar to those proposed. The homes will be single'story and he noted in particular that they would have a 40' setback ... they would haveth~ee car garages :with driveways f~om Holly Avenue. Ronald Palfrey, 369W. Norman Avenue, stated, in pa~t, tha't the rear of his property will be part of this subdivision. He asked Council to approve the project notin9 that the subject lot is full 1 of weeds, debris, etc, The new homes will be an asset to the neighbor- 1 hood. 1 Marcos Munoz, 365 W, Norman Avenue, would like to see the property deve 10ped:-- Roy Bicker, 1523 Holly Avenue, said he has viewed some of the homes constructed by the appli,cants and they are attractive. He was in favor of the subdivision. For the record, a communication had been received from Alan L, and Frances R. Newman, 403 W. Norman Avenue, urg i ng Counc il~ approve TIlelOts -as proposed. No one else desiring to be heard, the hearing was CLOSED on MOTiON by Council member Lojeski, seconded by Council member Harbicht and CARRIED. Some discussion held on how to enlarge the lots so they would be conforming, Councilmember Lojeski said, in part, he had,visited the site which nei~hbors have wanted developed for a number of years. The trees on the lots would remain which would add to the aesthetics of the area. He felt the development would be quality and favored it with a 40' setback and single story residences. Councilmember Harbicht felt the proposal would be consistent with the homes on Holly Avenue, ,. if they were to be constructed around the corner he would not favor it. He favored the 40' setback,and' would favor the proposal. Councilmember Gilb felt the subdivision would be attractive with the conditions as stated. Mayor Young expressed concern about the erosion of the zoning code... and was not in favor of this proposal as she felt there are other ways the subdivision could be planned so it would conform. It was then MOVED by Councilmember Chandler, seconded by Council- 1 member Gilb and CARRIED on roll call vote as follows that Council ' find that the project, ,tog'ether with the provision of its design and improvement, is consistent with the Arcadia General Plan; that the . Negative Declaration be approved and filed; that the project will not have a significant effect on the environment; that the project be APPROVED subject to the conditions of approval set forth in the staff report; that the Director of Public Works be AUTHORIZED to approve and execute the Subdivision Agreement and that the homes 'f be one story with a minimum 40' setback. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Lojeski Mayor Young None 3/3/87 -2- 1 1 2, 3, 3a. ROLL CALL 3b. MINUTE APPROVAL (Feb.17,1987) (APPROVED) 3c. EM KAY EXTENSION OF ERN (APPROVED for 90 days) 1-p1 r II-'} 3d. CONTRACT AWARD FINANCIAL ADVICE ,'0 G\ 1,":z.. f\d- 29:0133 CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Members Chandler, Gilb, Harbicht, Lojeski and Youn9 None On MOTION by Member Gilb, seconded by Chairman Young, the Minutes of the Regular Meeting of February 17, 1987 were APPROVED. Staff explained the request for extensicn of the Exclusive Ri9ht to Negotiate for the North Side project area (Emkay Development Company), Ne9otiations with the Derby Restaurant have not been concluded and, as a result, the proposed land exchange has ,prevented Emkay from finalizing their site plan and negotiations with proposed tenants. ~Emkay has requested a 90 day extension of time (until June 15, 1987): It was noted that some of the reports required under the ERN ~re still. in preparation and the respective dates for completion must be,revised. Staff made recommendation for the amendment of Schedule ,of Performance at Step 15 and extend all dates 90 days. The 'ERN requires the Developer to provide a $25,000 ,Good Fajth Deposit through any extension of the term, thus if the extension is approved, this.would be 90 days after June 15, 1987 or September 15, 1987. it was MOVED by Member Harbicht, seconded by Chairman Young and CARRIED on roll call vote as follows that: (1) That the Agency approve an extension of the Emkay ERN for a period of 90 days, adjusting the Schedule effective December 30, 1986 (Step 15) as set forth above. (2) ,That, as a condition to this extension, Emkay by March 31, 1987 provide an extensio~ of their $25,000 Good Faith Deposit through September 15, 1987, consistent with the terms of the ERN, and in a ,form acceptable to the Agency Attorney. (3) That Agency Special Counsel prepare Amendment No. One to the Emkay Exclusive Right to Negotiate embodying the terms above, and forward such to EmkaY no later than March 10, 1987. (4) That Emkay execute said Amendment No. One by March 31, 1987 for Agency act i on on Apri 1 7, 1987. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht, Lojeski and Young None None The Agency is in the process of considering a number of development opportunities in order to further its economic development objectives and it is necessary to obtain an analysis of the current financial situation of the Agency and determine possible alternative means by which the Agency can prioritize and accomplish its goals. The staff has solicited and received proposals from five financial consulting underwriting firms for this analysis and advice and made recommendation for the, award of contract to Kelling, Northcross & Nobriga, Inc. This report had been submitted to the Agency at the pre-meeting this date. Discussion ensued and. it was Member Lojeski's observation that he had not had sufficient time to digest the contents of the latest report. Some thought,given to the fact that the firm is located in San Francisco and staff said, 'in part, that this would not present a problem as it had been discussed with the firm. 3/3/87 - 3- 3e. AWARD OF CONTRACT APPRAISAL NISSAN PROPERTY & TITLE REPORT .:~\'~ ;).q1 f \ 3f. CONTRACT AWARD DEMOL IT I ON CITY YARO lQO f 39. CONTRACT AWARD TANK REMOVAL 1QO f 29:0134 It, was MOVED by Member Karbicht, seconded by Member Chandler and CARRIED on roll call vote as follows that the contract be ','awarded to Kelling, Northcross & Nobrige, Inc., for financial consultant services in form and content to be APPROVED by the City Attorney and that the Executive Director be AUTKORIZED to execute same. AYES: NOES: Members Chandler, Gilb, Karbicht and Young Member Lojeski (Felt he did, not have sufficient time to digest the staff report and come to a conclusion, ) 1 ABSENT: None Per the Agency direction, staff solicited bids for letter appraisals of the Arcadia Nissan property, 333 E. Kuntington Drive, and the cost for a preliminary title report. Recommendations were set forth in the staff report dated March 3, 1987, wherein it was indicated that the two recommended firms were able to meet the required time frame imposed ,by Nissan's owner for the appraisal and that Ticor indicates that a preliminary title report will cost $2,300. If the Agency acquires the property, Ticor will credit a portion thereof to the policy issued at that time. , It was MOVED by Member Lojeski, seconded by Member Gilb and CARRIED on r~1l call vote as follows that appraisal contracts be AUTKORIZED with Taylor Dark and Abel Morales for the Arcadia Nissan property in an amount not to exceed $4,235 ($1,000 + 2,850 + 10% contingency) in form approved by the City Attorney, and that the Agency AUTKORILE an expenditure of$2,3DO for a preliminary Title Report from Ticor on the Arcadia Nissan property. AYES: NOES: ABSENT: Members Chandler, Gilb, Karbicht, Lojeski and Young None None Staff advised on the three bids received and made recommendation for the clearance and site preparation of the City Yard property at 35 S. Fifth Avenue to make room for the South Side Project. ,1.- It was MOVED by Member Lojeski, seconded by Member Gilb and CARRIED on roll call vote as follows that the contract be awarded to the low bidder, Three D. Services, in the amount of $107,030 ($97,300 + 10% contingency); and that the Executive Director be AUTHORIZED to execute the contract in form approved by the Agency General Counsel, AYES: NOES: ABSENT: 1 Members Chandler, Gilb, Harbicht, Lojesji and Young None None Staff advised on the bids received and made recommendation for the removal of five tanks (both fuel and waste oil) from the City Yard property at 35 S, Fifth Avenue. Discussion ensued on the capacity of the tanks at the new City Yard and the Director of Public Works responded to questions in this regard. Member Gilb asked for and will receive a report on fuel storage. The City Manager said it would be included in the next Newsletter to Council, , '!~ 3/3/87 -4- 1 4. 5. 6, 6a. P: FINAL MAP 30435-763 Fairview Av. (APPROVED) 29:0135 It was MOVED by Member Chandler, seconded by Member Gilb and CARRIED on roll call vote as follows that the Agency award, the contract for the removal of tanks at the City Yard property to Three D, Services in the amount of $29,440 ',($25,600 ' + 15% contingency) and AUTHORIZE the Executive Director to execute the contract in form approved by the Agency General Counsel. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht, Lojeski and Young None None :. j' ,; Staff explained the status of the remalnlng equipment and/or odds and ends on the property in the rear of the Embassy Suites. Fire Chief Gardner participated in this'discussion advis'ng on what procedures are foll~wed when'having fire practice with old buildings, " . The meeting adjourned to a CLOSED SESSIO~ at the close bf the regular meeting, CITY COUNCIL RECONVENED AIIOIENCE PARTICIPATION Sandy McQuilken, Chairman of the PTA Community Fair Committee, expra'ined to'CO'uncil the forthcoming Fair and invited all to attend and presented each of the Councilmembers with 'a pin. ., f. CONSENT ITEMS APPROVED the final map of Tract No. 30435 for a proposed 8 unit residential condominium at 763 Fairview Avenue (Cheng & Associates, Inc., on behalf of A1-Lin Chang'Chao), subject to the condition that before the Final Map is recorded all outstanding conditions of approval sha 11 be comp 1 i ed with, to the sa t i sfact ion of the Director of Public Works, ' 6b.,6c,,6d.,6e. HEARINGS SCHEDULtD for March 17, 1987 on the following: 1 \ 6f. WORK ACCEPTANCE ~ 1>/0 pi 6b. Text Amendment 87-2 amending the Arcadia Municipal Code Section 9220.2 establishing a maximum size for accessory living quarters/guest house (600 sq. ft.). ' 6c. Text Amendment 87-3 amending the Arcadia Municipal Code Section 9292.2.3 to permit fence and wall heights along the rear and side property lines to be modified through the Administrative Modification procedure. 6d. Text Amendment 87-4 amending the Arcadia Municipal Code Section 9292.2.2 adding the R-M zone to the Administrative Modification Procedure. c 6e, Text Amendment 87-5 amending the Arcadia Municipal Code Section 9283.8.3 with respect to fireplaces and eaves. ACCEPTED the work performed by Macco Constructors, Inc., W. O. 597 for the installation of water' lines in El Monte Avenue from Camino Real to Live Oak Avenue and Palm Drive from El Monte Avenue to Holly Avenue. The contract amount of $574,568.00 was funded from the Water Facilities Replacement Fund. Final payment to be made pursuant to the terms of the contract. 3/3/87 -5- 6i FILMINC, FEES -1' WAIVED . Re, f. 29 :0136 APPROVED request for the walvlng of filming fee to Ian Farrell, student of the American Film Institute and a refund will be made to him for fees paid to the City on February 3, 1987. Filming took place at a private residence on February 7, 9, 10 & 11, 1987. 6j. PURCHASE OF APPROVED purchase of a disc drive for the Finance Department in the DISC DRIVE amount of $16,510. This will come out of the 1987-88 fiscal year COMPUTER (. ,,~!( budget. SYSTEM f" ,,"'y- 6k. 5K - 10K RUN (Traffi c Control) '(':7 (\ . ~J& fl' APPROVED the request by the organization of the Santa Anita Spring Classic to provide police officers for the traffic control for its annual 5K - 10K run to be held on May 17, 1987. The organization will pay the cost. Staff ,noted that 12 police officers will be used along with one sergeant at a cost of $1,464. The City has provided this police service for the past seven years. This approval given contingent upon receiving the required insurance certificate. 61. PERSONNEL APPROVED the reclassification of the Engineering Aid" ,::,':~:' Reclassifica- in the Public Works Department to that of Senior Engineering Aide. tion - Senior The salary would be increased from $2,521 to $2,638. The Engineering recipient would be Kenneth S. Waite who has been an Engineering Aide . "Aide since 1961 and due to the increase in the level of the X:l ~IDI'difficulty and complexity of the expanded responsibilities, Mr. O' jOf'c,Cl Waite is, in fact, perfonning the duties of a Senior Engineering j..~' S'l I Aide. (,\as ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER GILB AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None 1 6g. BLOCK Council received the staff report on the street barricade cost PARTIES and signing for block parties. The volume ,of block party requests 'e? fluctuates each year and is not great in number, however, in 1983 11' there were four such parties and one in 1986. The work by the City o ~ 0().< consists of verifying signatures, preparing a map indicating location fA' \ ,/ f' of properties represented on the petition as well as a staff report. f" v~ Fees recommended were: $25 if block party participants pick up and '.h\O return barricades; $85 if the City delivers,and picks up barricades. \:1 There would be no refundable deposit. 1 It was Councilmember Lojeski's position that this policy is not really necessary considering the, few requests received. It was MOVED by Councilmember Harbicht, seconded by Councilmember 'L Chandler and CARRIED on roll call vote as follows that the recommend~~ tion as outlined in the staff report be APPROVED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Young Councilmember Lojeski None 3/3/87 -6- 1 1 6h. WAIVE OF FEES FOR AMUSEMENT RIDES - PTA CARNIVAL t: r,:,) "e"" " ,y f' 7. 7a. S' CLOSING ' OF CHANTRY FLATS ROAD ." 7b. PISTOL RANGE BUILDING REMODEL JOB 622 60Y (" I 29:0137 Council considered the report on the forthcomin9 PTA Community Carnival to be held March 6, 7,8, 1987. The PTA is requesting a reduction in the business license fee for the twelve amusement rides. Kemsley shows will be providing the rides and they will provide the certificate of insurance to the City. In the past, the Council has reduced the fee from $30 to $5 per ride. Councilmember Lojeski would like to see the fee waived and Council- member Gilb said it would be settin9 a precedent. Councilmember Gilb MOVED to APPROVE the reduction of the fee to 55 per "CO Insurance certificates t~ be provided. AYES: 'NOES: Councilmembers Chandler, Gilb, Harbicht and Young Councilmember Lojeski (He would like to consider each request on a one to one basis.) ~~ ABSENT: None CITY MANAGER Geor].~ Sal~_~~; Citizens for a Safer Sierra Madre, addressed Council regarding the need for the closure of the gate to Chantry Flats from 10 p; m, to 6 a. m, Mayor Young advised that the Council had received and reviewed considerable material in relation to this. Others speaking on behalf of the gate closure were: Judy Lonergan of Lonergan's Pack Station at Chantry Flats, who spoke at length, citing the problems they have and are encounter- ing primarily on weekends by the din of blaring rock music, screech- ing of tires of cars racing in and out of the parking lots, breaking glass, screaming and yelling by partying teenagers in the area. Mrs. Lonergan implored Council to assist in having the gate closed from 10 p. m. to 6 a. m. She said'the police sweeps have been effective. David James, with the Forest Preservation Society, said, in part, that the relief that is proposed is simple and would be effective ... that of closing the gate from 10 p. m. to 6 a. m. This has been proven at the Chaney Trail and has been accepted by the community. He also felt that the sweeps are productive and the cost has not been excessive considering that it has eliminated the number of un- necessary responses to the area. He read a letter addressed to Mayor Fowler of Sierra Madre urging that the City take steps to close the gate. Mr. James made the same appeal to the Arcadia Council. Tim Luzzi, 516 Santa'Rosa Road, Arcadia, referred to the traffic pattern and parking areas which he felt contribute to unsafe situa- tions. He did not feel the gate should be closed. There is a committee on this and Mayor Young said she would take the responsibility of contacting Sierra Madre Mayor Fowler to ascertain the status of the problem. Council expressed support for the closing of the gate on a trial basis. Staff reported on the one bid received for the proposed project. Seven potential bidders took out plans and specifications, however, only the one bid was submitted by Atkins and Atkins, General Builders, Inc. in the amount of $143,456, Staff said that considering the cost of City bonding and insurance requirements and the Architect's opinion that this project could not be completed for less than $125,000 construction cost, this bid is probably not excessive. The City Council on April 21, 1986 appropriated $100,000 from Capital Outlay Fund, of which only $95,600 is available -- representing 58% of the total cost for the completion of the project. 3/3/87 -7- 8. r, 8a, CLA 10'1 JF F, "\AXWELL ,DENIED) r', 8b. LATE CLAIM OF HO (DENIED) 9. 10. SISTER CITY APPOINTMENT (SAUNDERS) .-r: \~ 5 (l , 51c:.. t (II A', 5~'1 'i 0 LOJESKI 29:0138 Councilmember Harbicht expressed concern about recelvln9 only one bid which is higher than the architects' and higher than the City thought it would cost. In response to his question as to whether or not the City could receive a more favorable bid if this bid were rejected and the project was readvertised, staff said it did not think so ... due to insurance requirements. Lt was MOVED by by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that a contract in the amount of $143,456 be awarded to Atkins and Atkins, General Builders, Inc.; that additional funds in the amount of. $69,400 be appropriated from Capital Outlay Funds to cover the contract, 1 inspections and contingencies; that all informalities in the bid or bidding process be waived and' that the Mayor and City Clerk be AUTHORIZED to execute a contract in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None C !TY ATTORN EY On recommendation of the City Attorney, the claim of F, Maxwell was DENIED on MOTION by Councilmember Harbicht, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None On recommendation of the City,Attorney, the Application for Leave to Present a Late Clain by Leonard and Richard Ho was DENIED on MOTION by Counci lmember Lojeski, seconded by Councilmember Gil b and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None MATTERS FROM STAFF None. MATTERS FROM ELECTED OFFICIALS .~ It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that John H.' Saunders be appointed to the Sister City Commission for a term to expire June 30, 1991. 1 AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None Noted that the local press referred to the Bicentennial Committee as the Bicentennial Commission which is not the case. The Mayor asked the press representative to make note of this. Was advised that the new building being constructed on Foothill is a project of the Herbert Hawkins Company. Councilmember Lojeski said he would appreciate knowing of such development beforehand. 3/3/87 -8- HARBICHT ~~f 1 HEA"ING APRIL 7 FIREWORKS ~5f HARBICHT (SECURITY BARS) 'EJ~ ~ ADJOURNMENT 1 29:0139 Commended the City Fire Department in its efforts on fire prevention ... it expends so much effort inspecting all commercial and industrial areas on an annual basis. He then referred to the fact that Arcadia is among the minority of cities which allow firewoy'ks and stated, in part, that the banning of fireworks would result in a significant amount of savings to the City, especially during the Fourth of July celebrations. He noted that the City closes the Chantry Flats areas during that time and that the City should take precautions also. He would like to have the City Attorney prepare the appropriate ordinance that a public hearing be held at a definite time and that notices be directed to those who have had permits in the past of the intention of the City. He felt that as responsible citizens, the Council should take this action. Discussion ensued and Councilmember Gilb stated that this could hardly be put into effect for the next Fourth of July as most of the venders have probably placed their orders and have already stocked the fireworks. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that the City Attorney prepare the appropriate ordinance for introduction; that a public hearing be held on April 7 with notice~ directed to thos~ lnterested and the public in general... the ordinance to be effective July 5,1987. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None Referred to the matter of security bars, about which the Council- members have submitted their own observations and said, in part, that from these comments, he sensed a reluctance to move ahead. He is still in favor of banning security bars in residential areas, however, he would be amendable to grandfathering in the bars which ~re already in place until the house is sold. Mayor Young felt there is need for some control from a safety standpoint ... be it commercia'l or residential. Council member Gilb submitted, in part, that he thinks bars should De permitted in commercial and/or industrial areas on the inside, but to leave residential alone. The meeting adjourned to a CLOSED SESSION, reconvened and adjourned at 10:30 p. m. to 7:00 p. m., March 17, 1987 in the Conference Room of the Council Chamber to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation matters and evaluation of properties. /)?IJAl d'(;:M~ Mary B Young Mayor, ~~L Christine Van Maanen, City Clerk 3/3187 ~g-