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HomeMy WebLinkAboutAPRIL 7,1987_2 I I , , 29:0150 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Mar,. 17 ,1987) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING APRIL 7, 1987 The City .Counci1 and the Arcadia Redevelopment Agency met 'in a regular session April 7, 1987 at 7:30 p. m., in the Arcadia City Hall Council Chamber. Mr. Robert Gilbert, First Church of Christ Scientist Counci1member Dennis A. Lojeski PRESENT: Counci1members Chandler, Gi1b, Harbicht, Lojeski and Young ABSENT: None On MOTION by Counci1member Gi1b, seconded by Counci1member Chandler and CARRIED; the Minutes of the Adjourned and Regular Meetings of March 17, 1987 were APPROVED. It was MOVED by Counci1member Lojeski, seconded by Counci1member Harbicht and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY The City Attorney announced that the City Council and the Redevelop- ment Agency met in a CLOSED SESSION this evening pursuant to Govern- ment Code Section 54956.8 to give instructions to the City negotiator regarding negotiations with ~ttorney, James Helms, regarding property at 153 Wheeler as concerned the acquisition of that property. Also, instructions were given to the City's negotiator regarding negotiations with the Sturnio1a family regarding property transactions at 233 E. Huntington. Additionally, pursuant to Government Code Section 54956.9(a) Council discussed the existing litigation of ArcadialRodefferlPub1ic Storage v. the City of E1 Monte and at the conclusion of this evening's regular meeting, Council will be adjourning to a CLOSED SESSION pursuant to Government Code Section 54956.8 to give further instructions to the City's negotiator regarding negotiations with Jules Sandford and the Low family regarding 333 Huntington Drive, the Nissan property. 1. . HEARING Consideration of recommendation to prohibit the use, discharge, sale, (Fireworks) J~ possession, storage and manufacturing of fireworks. The Fire Chief (~- ~ submitted an extensive report on the prohibition of fireworks. It V>~{e- was noted therein that even fireworks designated "safe and sane" by '(f! ''0' the State Fire Marshall present a serious safety hazard', especially . y\ \;., to children. It is also recognized that illegal fireworks are a ?' ~(o major problem and are responsible for a majority of the fire incidents. r It is felt by the Police and Fire Departments that an ordinance banning all fireworks will definitely enhance control and enforcement efforts as well as reduce the overall problem. 4/7/87 _1_ IN FAVOR OF PROHIBITING FIREWORKS OPPOSED TO PROHIBITING FIREWORKS 29:0151 It was also noted in the report that the surrounding cities, Monrovia, Sierra Madre, Pasadena and. all of the unincorporated areas of the. County prohibit fireworks and have successfully reduced their fire- related incidents ... that substantial control within those areas remains difficult as long as.Arcadia continues to sell fireworks. Attached to this report were statistics on injuries compared to age, fires caused by fireworks, States that ban all fireworks, other States that severely restrict fireworks and cities and county areas which ban all fireworks ... and those which allow safe and sane fireworks along with those which are considering the prohibition. (Report dated March 27, 1987). Mayor Young declared the hearing open and the following persons spoke in favor of the prohibition: I Johanna Hofer, 875 Monte Verde Drive, felt permitting fireworks should not be continued in the City just because of sentiment for local organizations which raise funds in this manner and felt the City could well be sued for negligence in this regard. She would like to see fireworks banned as of June 30, 1987 and suggested fireworks' displays could be held in the County Park under the supervision of the Fire Department. Mark Foote, Fire Chief of Monrovia, spoke in opposition to fireworks they are now prohibited permanently in his City and noted that they are also banned in Los Angeles and San Diego now... it is not a question of patriotism, it is a question of safety. Bill Deangelis, 2401 Lee Avenue, urged Council to ban the fireworks and noted how each Fourth of July he is home watering down the roof ... organizations which raise funds by selling fireworks could certainly find another source of revenue. Charles Masten, Fire Chief of El Monte, stated that so-called safe and sane fireworks are still. incendiary devices... the population density in this area makes it difficult for anyone to enjoy fire- works without infringing.on the rights of others. The time for fire- works is past. Edward D. Tracy, Fire Chief of Sierra Madre said that since the Ordinance banning fireworks in that City was passed, there has been about a 50% reduction in the number of fire calls and losses from fires at that time of year. He .felt that if Arcadia would ban fire- works, it would help his City. Charles Bohnstadt, American.Legion Post 247, submitted that the Post has been in Arcadia for 66.years and referred to the many contributions it has made to charities during those years, including the Hospital, Boy Scouts, YMCA and other causes in the community. He felt that it is important that Independence Day contlnue to be observed and asked Council to consider the many activities the funds from selling fireworks make possible. I Ed Newman, Past Commander of the Post and Fireworks Chairman, enumerated the stands they have, also the ones for which they pay the permits. Also what the funds have paid for '" the American Legion Building for instance. He felt losing the fireworks program will hurt them financially. In response to a question, Mr. Newman said each stand makes about $3,000 ". and that charitable funds are hard to come by. 4 /7/87 -2- I I IN FAVbR OPPOSED ',' ' 29:0152 Jim Menzies, 420 Santa Cruz Road, said in part that Arcadia is unique ... the residents have indicated by their vote that they value traditions. He felt the incidents have been caused by the use of illegal fireworks ... rockets for instance ... perhaps the matter should be put to a vote of the people, Wayne Burkholter, 455 W. Woodruff, was opposed to any ban on fireworks in the City'stating, in part, that about 85-90% of the income of the Legion comes from the fireworks sale, The Legion may have to close if the prohibition of the sale of fireworks becomes a reality. It is a non-profit organization and its ability to, serve veterans will be severely restricted if they are denied this source of income. He did,lnot feel banning the fireworks will do away with the fireworks. Marci Bruno, 500 Valido, said her remembrance of the Fourth of July was as being a special, fun-filled hol iday ... the fireworks in Arcadia are the safe and sane type and the youth will obtain fireworks else- where. Asked Council not to take away this celebration from the children. . Mrs. Bill Deangelis, 2401 Lee Avenue, said she did not feel the firemen and policemen should be endangered so an organization could make money. They should be able to find some other way; if not, they should disband ... that lives in the neighborhood are more important. Tom Peters, Freedom Fireworks Company, said his company supplies safe and sane fireworks to many charitable organizations and did not agree with statistics which have been presented. 'Most injuries are caused by illegal fireworks. They would not sell anything which would cause injuries. Mora Hudson, 428 Stanford Drive, questioned how many of the accidents have been caused by illegal fireworks. She felt people will just keep on using fireworks, legal and illegal, that people will find another way to obtain the fireworks. Hoyt Sullivan, 1103 S. Sixth Avenue, said people gain a personal enjoyment from the use of fireworks ... the important thing is to see that they use safe and sane fireworks. Dan Boardman, 808 Genoa, Monrovia, Past President of the Optimist Club ... Their main source of income is from the sale of fireworks ... felt that there are prudent and responsible people in the community who enjoy their fireworks. Many of their programs will be in jeopardy without the funds. Councilmember Gilb submitted, in part, that the State Kiwanis Club had asked all of its clubs to get out of the fireworks business and that the ordinance Council is considering would ban any and all fireworks. Ed Newman, spoke once again and suggested that the matter be put to a-vote at the next election. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED. " :' Councilmember Lojeski stated, in part, that he campaigned against the use of fireworks at the time of the election on the matter in 1982. He could not understand how people could equate the use of fireworks with patriotism. He referred to the damage as a,result of fireworks things do burn ... and fireworks at times are thrown which is how the roofs catch on fire. Health and safety must come first. , . 4/7/87 -3- "." :,,1 29:0153 . J' He expressed pride to be sitting with a Council that will address the problem, It w~uld be irresponsible of Council to pass this along to the people .., Council is the representative of the people. He expressed appreciation for the staff report and the comments of the neighboring Fire -Chiefs. It has been hard for him to understand why Arcadia, a hillside community, allowed the perpetuation of selling and discharging fireworks when the surround- ing communities banned it. He would support the proposed ordinance which certainly did not mean he would not support the American Legion ... does not mean that he is unpatriotic ... it means that he is placing the health, welfare and the safety of the citizens of the I City first and foremost. It would not be taking away the holiday ... it is acting in a responsible manner. He said that although it had not been mentioned, the increased activity at the Methodist Hospital during the holiday should be brought to mind. Councilmember Harbicht made reference to the vote which was taken in 1982 ... that slightly over half of the voters were in favor of retaining fireworks. This was advisory and was not binding on the Council... but also had he been on Council at the time, he would have not voted to put it on the ballot. This is a matter of public safety... not an opinion surveyor a popularity contest. J Matters like how big a span a 2 x 6 can go across ... there are expert opinions on matters such as this and they are written into the Build- inc Code. Experts have stated that fireworks are unsafe ... there seems to be a difference of opinion on the interpretation of the statistics of the safe and sane vs. illegal fireworks and how much damage is being caused by one vs. the other. As long as there are fireworks, it is Virtually impossible to enforce the prohibitions against illegal fireworks. If fireworks are safe, why are they legal only a few days a year ... why are they banned the rest of the year. Councilmember Harbicht expressed support for the American Legion and other service clubs ... because most of the funds raised go for good causes. Councilmember Harbicht continued, in part, that from the comments tonight, about $30,000 to $40,000 is being raised ... but he wondered if the people are aware of how much of the taxpayers' money is being spent each year to safeguard the community. The City spends $20,000 to $30,000 each year during the July 4 days for extra patrol overtime. He sympathized with concerns that a lot of traditions are going away... for instance Halloween ... Halloween was not outlawed, but many individuals decided that this particular tradition is no longer safe. The City of San Jose was submitted as a City that suffered losses of $500,000 in damages due to fireworks ... the next year fireworks were outlawed. He did not think this City should wait until there is that kind of loss. Council should act responsibly and ban them before there is such a loss. He felt that he, like Councilmember Lojeski, would support the ordinance. I Councilmember Chandler said, in part, that it was difficult not to repeat what the others have said ... that Arcadia is unique, but the children are not unique enough not to burn or lose an eye or that the homes cannot burn just like our neighbors' homes. This is not a patriotic issue ... it is a public safety one. It-is a matter of what is the right thing to do ... and the right thing is to stop the fireworks. 4/7 /87 -4- I I ORDINANCE NO. 1856 (INTRODUCED) 29:0154 Councilmember Gilb stated, in part, that some 26 years ago there were fireworks in the County Park ... there were picnics, etc., but with the population growth, the Fourth of July in the County Park got to be like a war zone ... people with children could not even go'over there. What with the alcoholic beverages and fireworks being thrown around, one could not go near the place ... as a result, the insurance was lost and displays were discontinued. He is a member of the American Legion, although not an active member, and if their funds are being so reduced, they will just have to find other fund raising activities. As far as being patriotic is concerned, the safety of the children must be looked after. He felt the analogy which Councilmember Harbicht alluded to regarding Hal]pween was an excellent point. It is all a very sad case of affairs, but it is a passing of a time. Certain things have passed and this is one of them. As Coundlmember Harbicht pointed out, ,the safety patrols have to be doubled ... the City's overtime pay has gone up in order to protect the people of the community. The City has spent almost as much money to protect the people as the organizations have made. He pointe~' out that if the ordinance is passed, it would not become effective until July 5, 1987 which would give all those who have already purchased fireworks for this year to know that this will be the last year. He felt it would be unfair to put the ordinance into effect for this upcoming Fourth of July and have that money lost. Mayor Young said, in part, that Arcadia is indeed unique and she would hope unique enough to be far sighted. She is ~lso a member of the American Legion and she does not want to be an enemy of that group but also does not want to sit and wait for an accident to happen. She felt the experts at this meeting have done an excellent job of presenting their feelings about fireworks which she respected. One of her prime objectives has been the safety of the citizens and she could not in good conscience do anything but go along with the recommendation of the Fire Chief. She believes in safety for the citizens not just for the children ... fireworks can hurt adults, too. With relation to safe and sane fireworks, she thought sparklers were one of the most deadly things around because a hot sparkler can burn througp a tennis shoe very fast ... as she reads how the State is growing and the demographics, she gets scared just from that ... the biggest States and Cities are now banning fireworks and she could not see why Arcadia should be behind the times. She, too, would support the ordinance. Whereupon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1856, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALlFORNU, TO BE OPERATIVE ON JULY 5, 1987 AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 3115.2.7, 3115.2.6, 6424.1, 6424.2, 6424.2.1, 6424.2.2, 6424.2.3, 6424.2.4, 6424.2.5, 6424.2.6 AND 6424.2.7, ' AMENDING SECTION 3115.2.6 BY ADDING NEW SECTIONS 3115.2.6(a) AND 3115.2.6(b) TO PROHIBIT THE USE, DISCHARGE, SALE, POSSESSION, STORAGE AND MANUFACTURE OF FIREWORKS, EXCEPT PUBLIC FIREWORKS DISPLAYS REGULATED BY THE FIRE CHIEF". " It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call 'vote as follows that Ordinance No. 1856 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Council members Chandler',. Gilb, Harbicht, Lojeski and Young None None M7/87 -5- .- 'I . ~" ',. ... 2. HEARING DRAFT EIR (EMKAY) ,?1 ~'1 Y \~ , 29:0155 ,'\, Consideration of .the Draft Environmental Impact Report for the north side (Emkay) Redevelopment Project (East Huntington Drive at North Third Avenue, then northward along North Third Avenue to Santa Clara Street, then along Santa Clara Street from North Second Avenue to North Fifth Avenue.) The Emkay Development Company ,has submitted preliminary plans to the 'Redevelopment Agency for a mixed use commercial development on the 11 acres. Uses include one 112 room hotel, one 132 room hotel, one restaurant and two office buildings. I The purpose of this hearing is to afford the public an opportunity to be heard concerning this proposed project and its environmental effects. Staff noted that the comments recei ved will be incorporated in the Final EIR which will be reviewed again by Council. Mayor Young declared the hearing open. Bruce Low, 333 E. Huntington Drive, stated as follows: "The issue with the Environmental Impact Report, from mY concern,is first, I thought that the law requires the City'to notice property owners within a radius of the project area. I was thinking to myself that there must be a reason for this and what I concluded is that an Environmental Impact Report really addresses more than just a project at hand. I am supportive of the Emkay Development project. But, what I mean when I say that the Environmental Impact Report addresses more than just,the , development at hand is, it does have some effect and some impact on the property owners -- I don't know whether the 300 or 600 foot radius is ,proper, but it does have it for some distance. The point that is of some concern to me is that at this point in time', it's not clear to me what, in fact, Emkay is going to develop. My understanding is that we really have two plans before us. We have one plan that , addresses "X" amount of square feet of office, a hotel, a restaurant - - and we have another plan that talks about deleting some office build- ings and adding a second hotel. For the sake of clarity and definition -- I'm not really certain whether the Environmental Impact Report has the opportunity to address the real issues because I'm not sure exactly what the issues are. In addition to that, I think that there is very strong likelihood that the property we occupy at 333 E. Huntington is going to be an office building. And one way or another the Environmental Impact Report that's before us this evening -- or for your consideration this evening -- is going to have some impact on whatever may happen on the existing Arcadia Nissan property. I'm concerned with how we take a look at that and how it will relate to one against the other in the future. I am trying to get some clarity and definition as to the project that is before us. Are we really giving the firm that's doing the EIR for us a fair opportunity to evaluate the impact of a project when the project is not clearly defined in my mind -- maybe you all know better than I do. But, those are a couple of the issues that are important to me and I want to bring them to your attention this evening." Staff noted that the original project consisted of a single hotel in the center of the site, a single dinner house, a parking lot and three office buildings immediately behind the hotel on the old Bong property on the south side of Santa Clara Street. The other two office buildings would be on the Kiewit property east and west of the wash. Subsequently Emkay indicated it would have a possible second hotel and they would drop one of the office buildings ... the one for the Bong property on the south side of Santa Clara. The hotel would stay where it is but scaled down slightly. The second hotel would be of a Residence-Inn type care facility alonQ the Bong property. The office buildings and the dinner house would stay roughly the same. . I 4!7 /87 :" ~ f. < / , -6- I I 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (Mar. 17,1987) (APPROVED) 4c DERBY MOU (CONT'D) 4d. CLOSED SESS ION 29:0156 Atlantis Scientific was informed of this and' had based their EIR on both'these proposals. 'They look at the:cumulative impact of either proposal in relation to the proposed south side development and other developments proposed in Arcadia as well as in Monrovia. Mayor Young asked Mr. Low if this would help and Mr. Low said that time will tell. Richard Marvin, 45 N. Third Avenue, read a statement as follows: "The Draft Environmental Impact Report notes that 35 dwell ing. units would be lost if the project proceeds. The mitigating measures mentioned in the EIR deal with the most obvious impact,-- the need to relocate families; however, the longer term impact of destroying housing is ignored. "When you destroy housing units occupied by lower and moderate income families you reduce the stock of housing available' to these sections of the population. This fact has been clearly recognized by California legislators. Since 1976 redevelopment agencies are required to replace on a one-for-one basis lower and moderate income housing destroyed in a redevelopment project. "I work for a public housing agency and must deal on a daily basis with people who struggle to find affordable housing. . I feel strongly that this project should not proceed without proper mitigating measures to address the project's impact on housing. The Arcadia Redevelopment Agency must construct housing for lower and moderate income familites to replace the units it is destroying." No one else desiring to be .heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Mayor Young and CARRIED unanimously. Council member Harbicht was advised that there will be manned intersections on race days at Santa Anita and at First and Huntington on race days. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Chandler, Gilb, Harbicht, Lojeski and Young ABSENT: None On MOTION by Member Gilb, seconded by Member Chandler and CARRIED unanimously the Minutes of the Regular Meeting of March 17, 1987 were APPROVED. The Draft Memorandum of Understanding between the Agency and the Derby Restaurant was CONTINUED TO APRIL 21, 1987. The Meeting adjourned to a CLOSED SESSION at the end of this regular meeting this date. . ! ., i i I I ,r J f --'''. 4 /7 /87 j . -7~ 5. 6. 7. 7a. HEARING V SCHEDULED May 5, 1987 7b. HEARING V SCHEDULED April 21 7c. F; CLAIM APPROVED 7d. p: TRACT NO. 44534 (Final Map) 7e. p; TRACT NO. 44920 (Final Map) 7f. P' TRACT NO. 45005 (Final Map) 7g, p~ TRACT NO. 44034 Extension 29:0157 CITY COUNCIL RECONVENED AUDIENGE PARTICIPATION Johanna Hofer, 875 Monte Verde Drive, said in part, that the peacocks are increasing in number and referred to a recent incident where peacocks were fighting and flew into a window breaking it. She suggests perhaps the gathering of the eggs would help in this problem ... perhaps offer a small sum for them ... if the residents would get together and look for the eggs on their premises. Marci Bruno, 500 Valido, identified herself as the grandmother whose baby was not far from the window which was shattered and asked whose responsibility is it to remedy the situation. Mrs. Bruno mentioned she had an antique table which would have to be repaired and the window replaced. Council expressed empathy for the incident and could understand the concern of Mrs. Bruno but these are wild birds and'there isn't any- thing Council could do .. it is unfortunate. Mrs. Bruno said she would pursue the matter by contacting the Arboretum. CONSENT ITEMS Hearing scheduled for May 5, 1987 on the petition for installation of curbs, gutters and driveway aprons on Golden West Avenue from Naomi Avenue to the south City limits. Hearing scheduled for April 21, 1987 on the proposed demolition of an unsafe building at 2501 Woodruff Way. APPROVED the claim of State Farm Insurance (Arthur Johnson) for water damage at 327 E. Colorado Blvd. APPROVED final map of Tract No. 44534 for a six lot subdivision at 29 - 35 W. Longden Avenue and 20 W. Las Flores Avenue. Applicant to comply with all outstanding conditions of approval before the final map is recorded. I APPROVED final map of Tract No. 44920 for a 16 unit residential condominium at 670 W. Naomi Avenue. The applicant to comply with all conditions of approval before the final map is recorded. APPROVED final map of Tract No. 45005 for a 10 unit residential I condominium at 143-145 Alta Street. The applicant to comply with all conditions of approval before the final map is recorded. APPROVED extension of 6 month to October 2, 1987 for the tentative map of Tract No. 44034 for a proposed 34 unit residential condominium at 618 Fairview Avenue. 7h ADDITIONAL I APPROVED the employment of a new full-time Assistant Planner at PERSONNEL of. $42,000 annual sa 1 a ry in the Pl ann i ng Department and APPROVED the ~r allocation of $9,500 for salary and start up expenses. This to implement the Architectural Design Review for projects within the City's multiple-family residential, commercial and industrial zones. 03(!> r R: r'" 4 /7 /87 -8_ I I 7i. ADVERTISE FOR BIDS (Job 621) ./ 7j. ADVERTI SE FOR BIDS (Job. 623) 7k. CONTINUED / 8. 8a. ORDINANCE NO. 1850 I (ADOPTED) , 8b. ORDINANCE NO. 1846 (INTRODUCED) 29:0l58 APPROVED the plans and specifications and AUTHORIZED the City Clerk to advertise for bids for the resurfacing of various streets, Job No. 621. Estimated cost is $252,300 which will be funded from State Gas Tax Funds. The project is categorically exempt from the requirements of CEQA pursuant to Section 15101 Class l(C) of the guidelines for implementation of said Act. / APPROVED the plans and specifications and AUTHORIZED the City Clerk to advertise for bids for lighting improvement of the First Alley South of Huntington Drive (Santa Anita Avenue to Second Avenue), Job No. 623. Estimated cost is $30,000 which will be funded from CDBG funds. The items on the construction of Underground Electrical Services in the First Alley South of Huntington Drive from Santa Anita to Second Avenue, Job 615 was CONTINUED, pending information from Southern California Edison Company regarding service. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER . LOJESKI, SECONDED BY COUNCILMEMBER CHANDLER AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: . AYES; NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None CITY ATTORNEY The City Attorney presented, explained the content and read the title of Ordinance No. 1850, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING DIVISION 5 TO PART 9 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING ARCHITECTURAL DESIGN REVIEW REGULATIONS FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL PROJECTS':. It was MOVED by Councilmember Gilb, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 1850 be and it is hereby ADOPTED. . AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1846, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 6220.13.1, 6436.2,6436.5,6436.6 AND 6436.13 OF ARTICLE VI OF THE ARCADIA MUNICIPAL COnE RF.(;ARnTNr. THE REr.IILATIONS AND SALE OF CHRISTMAS TREES AND PUMPKINS". It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Ordinance No. 1846 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None 4/7/87 -9- 8c. ORDINANCE NO. 1851 ( INTRODUCED) 8d. ORDINANCE NO. 1852 (INTRODUCED) 8e. ORDINANCE NO. 1853 (INTRODUCED) 8f. ORDINANCE NO. 1 854 (I NTRODUCED ) 29:0159 The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1851, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIIA, AMENDING SUB- SECTION (14) OF ARCADIA MUNICIPAL CODE SECTION 9405 REGARDING VEHICLES PARKED OR STORED ON UNPAVED SURFACES ON THE FRONT OR SIDE YARDS OF RESIDENTIAL PROPERTY". It was MOVED by Councilmember Harbicht, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Ordinance No. 1851 be and it is hereby' INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None I The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1852, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING SECTION 9220.2,8 AND AMENDING SECTION 9292.1.4.18 OF THE ARCADIA MUNICIPAL CODE ESTABLISHING A MAXIMUM SQUARE FOOTAGE FOR ACCESSORY LIVING QUARTERS/ GUEST HOUSE AND AMENDING THE AUTHORITY OF THE MODIFICATION COMMITTEE (T.A. 87-2)". It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Ordinance No. 1852 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney presented for introducti,on, explained the content and read the title of Ordonance No. 1853, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9292.2.3 OF THE ARCADIA MUNICIPAL CODE PERMITTING FENCE AND WALL HEIGHTS TO BE MODIFIED THROUGH THE ADMINISTRATIVE MODIFICATION PROCEDURE (T.A. 87-3)". It was MOVED by Councilmember Harbicht, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 1853 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney presented for introduction', explained the content I and read the title of Ordinance No. 1854, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9292.2.2 OF THE ARCADIA MUNICIPAL CODE ADDING THE R-M ZONE TO THE ADMINISTRATIVE MODIFICATION PROCEDURE (T. A. 87-4) ". ' It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1854 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None 4/7 /87 - 10- I I 8g. ORDINANCE NO. 1855 (INTRODUCED) 8h. RESOLUTION NO. 5347 / (ADOPTED) V 8i. RESOLUTION NO. 5348 (ADOPTED) 8j. RESOLUTION NO. 5349 (ADOPTED) 29:0160 The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1855, entitled: ' "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9283.8.3 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO EAVES AND FIREPLACES (T. A. 87-5)". It was MOVED by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Ordinance No. 1855 be and it is hereby INTRODUCED. . AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney presented, explained the content and read the title of Resolution No. 5347, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING WATER SYSTEM MAINTENANCE AND REPAIR CONTRACTS WITHOUT ADVERTISING FOR BIDS WITH STATEMENT OF REASONS AS TO URGENT NECESSITY". It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5347 be and it is hereby ADOPTED. AYES: NOES: ABSENT: ' Counc i 1 members None None Chandler, Gilb, Harbicht, Lojeski and Young The City Attorney presented. explained the content and read the title of Resolution No. 5348, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF ARCADIA AND THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REGARDING TRAINING". It was MOVED by Councilmember Chandler, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5348 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney presented, explained the content and read the title of Resolution No. 5349, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING CERTAIN CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO CALIFORNIA REVENUE AND TAXATION CODE SECTION 7056". It was 'MOVED by Councilmember Lojeski, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5349 be and it is hereby ADOPTED. ft6~S~ ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None' None -11-.. 4/7/87 8k. RESOL UTI ON NO. 5350 (ADOPTED) r 8l. CLAIM OF MERCURY CASUAL TY CO. ROBERT STABLER (DENIED) Sm. ~; CLAIM OF r ROBERT GONZALES (DENIED) f', {( 1- 8n. CLAIM OF CHARLES SALE (DENIED) 80. WORKERS' COMPENSATION CLAIM SETTLEMENT (APPROVED) 9. 10. YOUNG 29:0161 The City Attorney presented, explained the content and read the title of Resolution No. 5350, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUPPORTING ASSEMBLY BILL 711 AUTHORIZING LOCAL GOVERNMENT TO REGULATE THE DISPLAY OF HARMFUL MATTER TO MINORS". ./ It was MOVED by Mayor Young, seconded by Councilmember Lojeski and carried on roll call vote aS,follows that Resolution No. 5350 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None I On recommendation of the City'Attorney, the claim of Mercury Casualty Company - Robert Stabler was DENIED on MOTION by Councilmember Chandler, seconded by Councilmember Gilb and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Council members Chandler, Gilb, Ha.rbicht, Lojeski and Young None None On recommendation of the City Attorney, the claim of Robert Gonzales was DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: - Council members None None Chandler, Gilb, Harbicht, Lojeski and Young On recommendation of the City Attorney, the claim of Charles Sale was DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None On recommendation of the City Attorney, the settle~lent of Workers' Compensation Claim of Richard Ayres and compromise and release agree- ment in the amount of $22,400 and certification for good cause to change his service retirement to an industrial disability retire- ment were APPROVED on MOTION by Councilmember Gilb, seconded by Council member Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: None Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young None None I MATTERS FROM STAFF MPTTERS FROM ELECTED OFFICIALS In response to Mayor Young's question, staff advised that notices are being directed to property owners concerning satellite antennas (parsuant to Ordinance No. 1819 dated September 3, 1985). 4/7 /8 7 ,l ~ \'.\, I I HARBICHT LOJESKI GILB CLOSED SESSION ATTEST: 29:0162 Staff also advised that the annual report has been received from Best Disposal Company and will be reviewed shortly. An item on roofing materials will be on the agenda for May 5 for discussion. The City Attorney advised that hopefully he will soon have some specific information as to when the double newsracks will be re- moved from various locations 'and will provide a report in the next Newsletter. Referred to the totally unuseable baseball diamond in the County Park and hoped the County will do everything it can to keep the baseball program going. Was advised that the communication on the entryway to the Arboretum was for information only. Referred to the refrigerator freezer obtained for the Field House ,at the High School and felt there should be some way to make certain it would be taken care of. It was pOinted out that the equipment was obtained from the Redevelopment Agency; that a complete inventory had been made of all items and the list circulated among the departments to ascertain if any of the items could be used in the various programs the items were also offered to the School District after which any remaining items were put out to auction. The Recreation Director explained in detail how the items are to be used. Reported on the results of elections for the Local Agency Formation Commission and the Coastal Commission. Referred to a communication concerning the use of Chantry Flats by the Scouts and the fact that they cannot get out after 10:00 p. m.:" Mayor Young recalled that at the hearing on the closing of the area, it was stated that arrangements may be made with the owners of the pack station Councilmember Gilb felt the City should answer the 1 etter so they will know about thi s. Also referred to the problem of dogs being taken to the mini parks and leaving messes ... this is getting worse. Councilmember Gilb said that at the beaches the dogs must be on a leash and the owner carrying a type of scooper for this purpose. Staff will provide Council with a report and, recommendation at the next meeting. Council entered a CLOSED SESSION, reconvened and ADJOURNED at 10:30 p. m. to 6:00 p. m., April 21,1987 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, 1 itigation matters and evaluation of properties. Yh<u~/j'~<r Mary B. Y ng, M r ~,4 Christine Van Maan~n, ,- 4/7 /87 -13-