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HomeMy WebLinkAboutOCTOBER 8,1987 29:0294 CITY COUNCIL MINUTES ARE TAPE RECORDED AND ON FILE IN ,THE OFFICE OF THE CITY CLERK ;..' I I \ INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Sept.15, 1987) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA RFDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 8, 1987 The City Council and the Arcadia Redevelopment Agency met in a regular session, October 8, 1987 at 7:30 p. m. in the Arcadia City Hall Council Chamber. Rev. Gladys Johnson, Victory Chapel, Ch~rch of the Foursquare Gospel City Attorney Michael Miller PRESENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gi1b ABSENT: None On MOTION by Councilmember Young, seconded by Counci1member Chandler and CARRIED, the Minutes of the Regular Meeting of September 15, 1987 were APPROVED. It was MOVED by Counci1member Harbicht, seconded by Counci1member Lojeski 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 Arcadia Redevelopment Agency met in a CLOSED SESSION prior to this meeting pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding ongoing negotiations with'the Sturnio10 family regarding property at 233 East Huntington Drive. Additionally, two potential eminent domain matters were discussed, the names Of,iWhich will not be disclosed because to do so could prejudice the City's position with regard to negotiations with those entities. At the conclusion of this evening's meeting, the City Council and Agency will adjourn to a CLOSED SESSION to continue the discussions re- garding negotiations on the Northside or Emkay property and with Rick Smith on the Third and Huntington area and to discuss additona1 potential eminent domain cases." PRESENTATION On behalf of the City Council, Mayor Gi1b presented a plaque to William Abts, retiring Crossing Guard in appreciation for his dedicated and loyal service for the past 14 years. Police Chief Johnson explained Mr. Abts' dedication during his tenure. 10/8/87 -1- l. PUBLI C HEARING STREET LIGHTS PETITION (Naomi Av. El Monte to ~ta Anita (APP'ROVED) ~\~ f \ 2. PUBLI C HEARING (GENERAL PLAN CHANGE 87-1) (660 W. Camino Real) (APPROVED) \\~O f 29:0295 Public Hearin9 regarding a petition for street lights on Naomi Avenue from El Monte Avenue to Santa Anita Avenue. Notice regarding this hearing was posted on each property and was published in the Arcadia Tribune on October 4, 1987 and October 7, 1987. Staff report presented which indicated that the estimated cost of the project is $26,230. The City will pay 75% of the installation AV)cost and the property owners will pay 25% of the installation cost plus 100% of the future power and maintenance costs through annexation to the Lighting Maintenance District. The City will advance the property I owners' 25% share of the installation cost from the Capital Outlay Fund which will be reimbursed to the City with 7% interest over a 10-year period, through the provisions of Chapter 27 of the Improvement Act of 1911. The property owners have the option of a one-time cash payment of their share of the installation cost when project costs are confirmed. The project is categorically exempt from the require- ments of the California Environmental Quality Act. Mayor Gilb declared the hearing open and Deborah Rasmussen, 34 Naomi Avenue, stated in part, that she did not want to have the street lights installed. She said she liked the dark streets and was not afraid to walk along the dark streets and is against the project. Jorge Garcia, 39 Naomi Avenue, stated in part that he did not want the street lights installed and submitted his taxes would increase. He has lived on Naomi for the past 16 years; has lived in Arcadia for 27 years. He does not think Naomi is a street where crime is a problem and to illustrate his point, he reviewed the Police Depart- ment records for the past 13 months. Most of, the, crime involves residential burglaries which occur generally during the daylight hours, so additional li9hts would not make a difference. He asked that action not be taken tonight and felt that a committee should be formed to secure the votes of the property owners. Mayor Gilb remarked that 67% of the home owners on the street had signed the petition requesting the lights. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that the Superintendent of Streets be AUTHORIZED to proceed with the installation of street lighting on Naomi Avenue from El Monte Avenue to Santa Anita Avenue in accordance with staff report dated October 8, 1987. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None I An application has been filed by Ralph Rittenhouse for a change in the General Plan Land Use Element Designation for the property at 660 West Camino Real Avenue. The property is 33,189.75 square feet in area (0.76 acre) and is currently zoned R-2. The requested change would be from Single-familyjO to 6.0 dwelling units per acre to Multi- family/7+ dwelling units per acre. Approval of the requested change would bring the General Plan and the zoning into consistency and allow a subdivision for condominium purposes. The Planning Commission at ~ts September 8, 1987 meeting voted 4 to 0 with one member absent t'o,;recommend to the City Council approval of this change. It was the consensus of the Commission that condominiums would be preferred over apartments. Pursuant to the provisions of the California Environmental Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not disclose 10/8/87 -2- 29:0296 any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project, therefore, a Negative Declaration has been prepared for this project. I Councilmember Young said she thought nine units on this property created too much density. Councilmember Chandler explained that the property was zoned for apartments -- this change was merely to permit condominiums which could be sold to individual owners instead of apartments. Mr. Rittenhouse intends to construct detached dwellings. Mayor Gilb declared the hearing open and Ralph Rittenhouse, 290 Sierra Woods Drive, Sierra Madre, owner of the property since 1965, stated in part, that he felt his proposed development would be a proper "buffer" between the commercial zone to one side and the residential area on the other. He plans to build nine condominiums which would be detached dwellings which will be single-family dwellings. There has apparently been an inconsistency between the zoning and General Plan since 1972 when the General Plan was adopted. He did not feel that the property behind the tire store and across from Bob's Restaurant would be so desirable for a single family residence, but perhaps would be appropriate for his planned development which would have less density than an apartment building. Anthony Chen, 637 Camino Real Ave., stated in part, that he lives across and down the street from this project and is greatly concerned about the density which will exist with the completion of this develop- ment. There is too much noise there now. He felt Arcadia has a nice General Plan and it should not be changed to permit this development which,wil1l bring in more people.-The zoning should be changed to R-l. Councilmember Chandler explained that the owner already had a right to build an apartment complex on the property since the zoning was appropriate for such a building. The requested Change-would only involve the matter of whether he could build dwellings such as condominiums which could be sold, rather than to be retained as rental units. Councilmember Harbicht advised the matter is only a technicality as the property is already zoned R-2. Mr. Chen asked why have a public hearing. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED. I Councilmember Young said she was not against the development, but felt it would create too much density. Councilmember Harbicht said this seemed to be merely a housekeeping matter and he was in favor of it. Councilmember Lojeski said he had been at the Planning Commission hearing and the only objection had come in the form of a letter from George Wiegand who, after hearing the matter presented before the Planning Commission, said he decided not to speak in objection 'and had, in fact, withdrawn his objection. Councilmember Chandler said he thought it was a rather unique kind of buffer and he was in favor. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that General Plan Change 87-1 be APPROVED; that the Negative Declaration be APPROVED and find that the General Plan Change will not have a significant effect on the environment and direct the City Attorney to prepare the appropriate ordinance. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None 10 /8/87 -3- 3. 4. 5. 5a. ROLL CALL 5b. MINUTE APPROVAL (Sept.15, 1987) (APPROVED) 5c. EM KAY ERN AMENDMENT NO. 6 (APPROVED) . ?~ / ~ ~~ 29:0297 A~DIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, spoke to the matter of the Methodist Hospital tax exempt bonds and stated that he thought the Hospital should have notified the City Council about their financial tlifficulties since the City was, in effect, backing their bond issue. Apparently this was part of the reason for selling more bonds to enhance capital. Also suggested that the lease with the Hospital be reviewed. He also spoke to the matter of the earthquake and community civil defense. Thought perhaps the biggest problem in I an emergency would be an adequate supply of water and ,perhaps the City should give some thought to this. Councilmember Young said the Red Cross has prepared a booklet for each homeowner emphasizing this point. Mr. Fletcher said he was aware of this, but probably only two out of a hundred residents would be storing water for an emergency and the City should still consider this. CITY COUN~1t~~CESSED IN OROER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Chandler, Harbicht, Lojeski, Young and Gilb ABSENT: None On MOTION by Member Young, seconded by Member Lojeski and CARRIED, the Minutes of the Meeting of September 15, 1987 were APPROVED. Staff noted that due to protracted negotiations, unresolved title issues and pending resolution of issues relative to the soils on the Northside (Emkay) site, Emkay and the Agency staff have not been able to produce a final Disposition and Development Agreement for the Agency to consider for development of the site. Emkay's Exclusive Right to Negotiate expired on September 18, 1987. Emkay has requested an extension to the ERN until October 31, 1987. It was MOVED by Member Chandler, seconded by Member Harbicht and CARRIED on roll call vote as follows that the Agency APPROVE an extension to the Emkay Exclusive Right to Negotiate until October 31, 1987, but that no corresponding time extension of the Good Faith Deposit be required; that Amendment No.6 be in a form and content approved by the Agency's General Counsel and that the Agency Executive Director be AUTHORIZED to execute Amendment No.6. I AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski, Young and Gilb None None 10/8/87 -4- 29:0298 5d. ENVIRONMENTAL The real estate development firm of Ellis Sloan Burnett has CONSULTANT approached the Agency to request assistance in hiring a consultant to FOR ELLIS SLOAN prepare an Environmental Impact Report for their proposed development BURNETT PROJECT of the Arcadia Nissan property at 333 East Huntington Drive. This (NO ACTION) property is currently owned by the Low family and serves as a Nissan automobile dealership. Nissan has announced plans to move to a freeway site in Duarte by mid-1988. Ellis Sloan Burnett has a time- limited option with the Lows to purchase the property. The purchase of this property by Ellis Sloan Burnett could involve the Agency, and so the Environmental Impact Report will need to be prepared in the name of the Arcadia Redevelopment Agency. I I /~ 1,f\ ~ f \ The developer proposes three development options: 1. An 8-story office building with parking structure. 2. A 4-story and a 6-story office building with parking structure, 3. A 6-story office structure with associated retail uses. Mayor Gilb commented, in part, that approval of this would in effect cause a great deal of financial responsibility to the firm of Ellis Sloan Burnett ... he could not, in all honesty, accept any of the options proposed ... he would like to see something different .,. this was his personal opinion. Councilmember Young said, in part, that she was not really happy with what is being presented, but by the same token, it is a viable piece of property, but not enough thought has been given to something she has in mind and referred to the beautiful view of the mountains from the subject location and submitted that a restaurant could be built on the roof of the building ... which would to her be a good answer to some of the property... if the developer wished to spend his money, it would be okay... but she could not go along with what is being proposed thus far. Councilmember Harbicht spoke at length on redevelopment and the proposed project for this specific piece of property. The redevelop- ment law was put in to allow cities to effect the development of what is essentially undevelopable property and noted the Gribble development on the South side of Huntington Drive ... where there were large numbers of small parcels of property which were all under different ownership and nOf,developer ... so it was possible for the Redevelopment Agency to assemble the property and use condemnation procedures where necessary. However, the subject property is under a single ownership and is certainly'not undevelopable ... on the contrary, it is very desirable property... and on that count, it is not a candidate for redevelopment ... the major advantage of having it change hands through the Redevelopment Agency to the seller is that there is a significant tax savings because of the condemnation procedure. This property could very easily be handled by private individuals just like most of the property changes hands in the City.... that is one individual 'going to another individual, buying it and then developing it. He made reference to buildings which are being constructed on Foothill Boulevard at the present time where the Agency is not involved at all. He expressed reluctance to go ahead with the EIR because at this point he could not really offer a great deal of assurance to the potential developer' that he would go ahead and vote in favor of condemnation of this property. He just felt that eventually the proposed use of the property will probably go in there ... but why become involved. 10/8/87 -5- 29:0299 CHANDLER Felt there is probably only one of the three proposals that will go on the property anyway... retail would not work in his opinion other than;,a small ,'L'-shaped shop~ing center type of development ... but he felt if the developers go ahead with the environmental impact report ... even if it were approved at this time -- it would be a little bit risky. Mayor Gilb queried if it is the consensus of Councilmembers that no action be taken at this time ... that would not mean a yes or no it would mean that Council is still open to something else that the developers might have in mind. IT WAS THE CONSENSUS THAT NO ACTION BE TAKEN AT THIS TIME. I 5e. ADJOURNMENT The meeting adjourned' to 6:30 p. m.. October 20. 1987 '- "" "", ", "-, "" "~ 10/8/87 -6- 6. 7. 7a. PUBLI C HEARING SCHEDULED (Oct. 20,1987) , I 29:0300 Cln COUNCIL RECONVENED CONSENT ITEMS SCHEDULED for October 20, 1987 the appeal by Carmelo Palaz(/!d>~o',of Planning Commission denial of his request to allow the on-premise sale of beer and wine at 328 East Foothill Boulevard. 7b. PUBLIC HEARING SCHEDULED (Oct. 20,1987) ,r; 7c. ~ FINAL MAP .1(a APPROVED Final Map 44792 for a proposed 17-unit residential 44792 P' condominium project at 1121-1125 Fairview Avenue, subject to the (1121-1125 condition that before this Final Map is recorded, all outstanding Fairview Av) conditions of approval must be complied with. (Steven Shia and Jennifer, Ning, owners/developers). SCHEDULED for October 20, 1987 an appeal by Harold Ellis of Planning Commission approval of T. M. 45791 for a 9-10t single- family residential subdivision at 1435-1511 South Eighth Avenue. 7d. '11 CITY SEAL c,' APPROVED the printing of 100 - 12 and 19 inch and 200 - 3 inch DECALS 0..', e,p-? size decals in the amount of $1,850. Funds available from the \' S City Capital Qutlay Fund. (Staff set forth the breakdown on costs.) 7e. CONTRACT q~AWARDED the contract for traffic striping and pavement markings on AWARD I..\~ various streets throughout the City, Job No. 634, to the low bidder, (Traffic ~\ Traffic Operations, Inc., in the amount of $20,712.90 for Schedule A Striping' (City furnished material). Funds in the amount of $38,000 have been & Pavement budgeted in the 1987-88 operating budget for this project. All Markings) informalities or irregularities in the bids or bidding process were (Job 634) waived and the Mayor and City Clerk AUTHORIZED to execute the contract in form approved by the City Attorney. 7f. ,) CONTRACT ~ I '1 AWARD Y I (Replacement of Street Trees) (Job 633) I AWARDED the contract for replacement of 120 existing Bottlebrush trees with 15 gallon Ficus trees and placement of brick treewell pavers along Live Oak Avenue and Las Tunas Drive from east City limits to El Monte Avenue, to the low bidder, West Coast Arborists, in the amount of $23,400. Funds in the amount of $25,000 were budgeted for this project in the 1987-88 Capital Outlay Funds. All informalities or irregularities in the bids or bidding process were waived and the Mayor and City Clerk AUTHORIZED to execute the contract in form approved by the City Attorney. 7g. ~ ANNEXATION l' APPROVED the fil ing of a report for annexation No. 14 to the Lighting NO. 14 ~~I~Q Maintenance District from the Director of Public Works with the City LIGHTINGr Clerk prior to October 20,1987. The report consists of plans and MAINTENANCE specifications, estimate of cost, diagram of the District-showing the DISTRICT lands, including all zones thereof, to be benefitted by the proposed (10-20-87) improvement and to be assessed to pay the expenses thereof. 10/S/87 -7- 7h. 1988-91 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM l\ '" \; . \ I Y' 8. 8a. PERSONNEL ~'. BOARD APPOINTMENT (Kalm to 6/30/90) 9. 9a. RESOLUTION NO. 5373 (ADOPTED) 1y,..F'(. Q..' . \ - 9b. RESOLUTION NO. 5374 (WITHDRAWN) 29 :0301 APPROVED participation in the Urban County's 1988-91 Community Development Block Grant Program and AUTHORIZED the Mayor to execute the Participating City Cooperation Agreement. (It was noted in the staff report that cities may not join or drop out during the three year period.) ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER HARBICHT, SECONOED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: . I Counci lmembers None None Chandler, Harbricht, Lojeski, Young and Gilb CITY MANAGER On MOTION by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows Celia Kalm was appointed to the Personnel Board to fill out the unexpired term of Ray Godfrey to June 30, 1990. Mr. Godfrey passed away recently. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None CITY ATTORNEY The City Attorney presented, explained the content and read the title of Resolution No. 5373, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE. DECISION OF THE PLANNING COMMISSION AND DENYING THE APPEAL CONCERNING ZONE VARIANCE V-87-2 WITH FINDINGS". It was MOVED by Councilmember Harbicht, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5373 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None An agenda item for consideration (Resolution No. 5374) was.withdrawn by the City Manager. I 9c. TOY GUN At the last City Council meeting, the City Attorney was requested (Report to prepare an ordinance consistent with the so-called toy gun statute Received .~, recommended by the County. The City Attorney advised that as a & Filed) . 0\$ practical matter, the new State code provision appears to obviate O~\ need for a City ordinance for a so-called toy 9un statute. 0..\ \/-'\ \Ii' ~~ A report on the matter was transmitted to the City Council and Council decreed that the report be received and filed. 10/8/87 -8- 9d. PROCLAMATION OF EMERGENCY (ADOPTED) I RE"SOLUTION NO. 5375 (ADOPTED) '1'\1 (' I I uI see.. 10. 11. YOUNG I LOJESKI HARBICHT YOUNG 29 :0302 Pursuant t.o Government Code Section 54954.2, it was MOVED by Counci1member Chandler, seconded by Counci1member Harbicht and CARRIED on roll call vote as follows to approve a motion that the need to take action -- concernin9 a proclamation of an emergency regarding the earthquake -- arose subsequent to the agenda being posted. AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski, Young and Gi1b None None The City Attorney then presented, explained the content and read the title of Resolution No. 5375, entitled: "A RESOLUTION OF THE" CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY II,. It was MOVED by Counci1member Lojeski, seconded by Counci1member Young and CARRIED on roll call vote as follows that Resolution No. 5375 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Counci1members Chandler, Harbicht, Lojeski, Young and Gi1b None None Mayor Gi1b said it was important that this information be disseminated to the public and requested the representatives of the local newspapers to help with this. Councilmember Young said the information could be given to Cablevision and to the schools as well as the Los Angeles Times. MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Stated that many of the cities in the Valley are working on the problem of what constitutes a family. San Marino is limiting the square footage of houses. She said one of the best suggestions was to check on requests for permits to park on streets. When subject residences are inspected, frequently it is found that somebody is living in the garage. People will come to know that a request for on-street parking permit will cause them to expect an inspection. ~ Referred to an article in the recent Newsletter regarding W. J. Anthony and the Armory property. The City Manager advised that the matter would be discussed at the CLOSED SESSION following this meeting. Inquired about the policy on sweeping private streets with City equipment and personnel. Staff replied that maintaining private streets was the respollsibility of the homeonwers; that it would be ao trespass if City equipment and personnel were to do the sweeping. It is possible for the homeowners to form a district to pay the costs to the City. The street in question is Leafwood Lane. Asked if the sweeper, would work on a street without curbs. Staff replied that it would not. 10/8/87 -9- GILB 12. ADJOURNMENT ADJOURNMENT (Oct. 20, 1987 6:30 p.m.) ATTEST: 29:0303 Complimented Councilmember Youn9 on her efforts and success as Chairperson of the Constitution Committee. Councilmember Lojeski adjourned the meeting in memory of Raymond Callei, athletic coach at Holy Angels School in Arcadia for the past 28 years and Head of the Physical Education Department. He was also employed by the City Recreation Department and was a special individual who will leave a lasting impression. A Mass of Christian Burial was held at Holy Angels Church Friday. A Ray Callei Memorial Fund has been established at the school. Mayor Gilb adjourned the meeting in memory of Miriam L. Lurie who passed away September 16, 1987 in Arcadia. She was a Member of Arcadia Seniors Friendship Club. She was 83 years old and moved here from Wisconsin in,1952. She is survived by her husband, Lee of Arcadia; two sons, Jerome Lauris of Concord, CA and 'Ned E. Lurie of Upland. M~yor Gilb also adjourned the meeting in memory of Joanna Bayless Butler, aged 70. who died September 28. 1987 after a long battle with cancer. She was born in Addington, OK and raised in Riverside, CA. Joanna was an avid golfer and played weekly with her friends at the Arcadia Par Three Women's Golf Club. She was preceeded in death by her husband and her second son. She is survived by two sons and a daughter. . Council adjourned to a CLOSED SESSION at 9:10 p. m., reconvened and adjourned immediately thereafter at 10:00 p. m. to 6:30 p. m., October 20, 1987 in the Conference Room for a study session regard- ing the Sam Falzone project and 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. ~ Ch.::' : Gi 1b. ",yoc W~~I~ Christine Van Maanen, City Clerk 10/8/87 -10- I ~ I