HomeMy WebLinkAboutNOVEMBER 3,1987
29 :0317
CITY COUNCIL MINUTES ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
I
I
INVOCATION
PLEDGE OF
ALLEGIANCE
RCllL CAL L
MINUTE .
APPROVAL
(Oct. 20,
1987)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
CLOSED
SESSION
l.
PUBLIC
HEARING
(Recycling
Facil ities)
(APPROVED)
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCACIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
NOVEMBER 3. 1987
The City Council and the Arcadia Redevelopment Agency met in a
regular session, November 3, 1987 at 7:30 p. m. in the Arcadia
City Hall, Council Chamber.
Bishop B. Thomas Barnes, Church of Jesus Christ of Latter Day Saints
George Watts, City. Manager
PRESENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
ABSENT: None
On MOTION by Councilmember Young, seconded by Counci1member Hatbicht
and CARRIED, the Minutes of the Regular Meeting of October 20, 1987
were APPROVED.'
It was MOVED by Counci1member Lojeski, seconded by Councilmember
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 Arcadia
Redevelopment Agency met in a CLOSED SESSION prior to this meeting
pursuant to Government Code Section 54945.8 to give instructions tc,
the City I S negotiators, 'l1eter, ,Kinnahan and, George.,Watts, 'regarding
possible property transactions involving the Derby and SouplantatiQn
in the north side project; concerning negotiations with Rick Smlth;
and also the Derby at 233 E. Huntington Drive concerning negotiations
with Chip Sturniola.
Consideration of Text Amendment 87-14 adding a Division 7 to
Part 8 of Chapter 2 of Article IX of the Arcadia Municipal Code
establishing conditions and procedures for permitting recycling
facilities. A Negative Declaration has been prepared for this
Text Amendment as the initial study did not disclose any substantial
or potentially substantial adverse change in any of the physical
conditions within the area affected by the project.
11 /3/87
-1-
2.
3.
4.
4a.
ROLL CALL
4b.
MINUTE
APPROVAL
(Oct.20,
1987)
(APPRuVED)
29 :0318
Staff noted that the proposed ordinance is based on a model
zoning ordinance which was developed by the'State Division of
Recycling in cooperation with the League of California Cities
and the County Supervisors Association of California. The
ordinance sets forth conditions and permit procedures for the
different types of recycling facilities in the different land
use zones. Said conditions are designed to protect the community
from any undesirable impacts while allowing the recycling facility
to operate cost effectively.
The Text Amendment was passed in 1986 by the California Beverage
Container Recycling and Litter Reduction Act in order to establish
a system to promote the recycling and reuse of beverage containers
sold in the State. The City may adopt reasonable rules and regula-
tions concerning the operation of such facilities as long as they
are consistent with the Act that requires at least one certified
recycling facility in each convenience zone. Such a zone is defined
as an area within a one-half mile radius of a supermarket. The
method in which control will be exercised over maintaining the
ar'ea marked for such recycling was explained.
I
No one desiring to be heard, the hearing was CLOSED on MOTION
by Counci1member Lojeski, seconded by Counci1member Harbicht
and CARRIED. .
It was MOVED by Counci1member Harbicht, seconded by Counci1member
Lojeski and CARRIED on roll call vote as follows that the Text
Amendment be APPROVED: that the Negative Declaration be approved
and filed; that the Text Amendment will not have a significant
effect on the environment and that staff be directed to prepare
the appropriate ordinance for introduction.
AYES:
NOES:
ABSENT:
Council members Chandler, Harbicht, Lojeski, Young and Gilb
None
None
AUDIENCE PARTICIPATiON
Herb Fletcher, 175 W. Lemon Avenue expressed concern for the
person who desires to build a large home and appears before the
Homeowners' Association ... that sometimes he is confronted by
large contingents of residents opposing,his plan '" and suggested
that, should an appeal be made and the matter go before the City
Council ,.the appe11ant,not be charg~d a fee for the appeal. How-
ever, of course, if it is a variance or the like, then a fee
should be required, but if it is just a matter of difference of
opinion, he suggested a fee be waived.
I
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Members Chandler, Harbicht, Lojeski, Young and Gi"lb
ABSENT: None
On MOTION by Member Young, seconded by Member Harbicht and
CARRIED, the Minutes of the regular meeting of October 20, 1987
were APPROVED.
11/3/87
-2-
I
I
29:0319
4c.
EMKAY
ERN
EXTENOEO
TO
11-16-87
The Agency staff advised that it is close to reaching an
agreement on a Oisposition and Oevelopment Agreement with Emkay
Oevelopment Company, however, the Exclusive Right to Negotiate
expires October 31, 1987 and a final ODA may not be available
until after this date. Emkay has requested an extension of the
ERN until November 16, 1987.
It was MOVED by Member Young, seconded by Member Lojeski and
CARRIEC on roll call vote as follows that the Agency approve an
extension to the ERN until NOVEM8ER 16, 1987; that this Amendment
No.7 be in form and content approved by the Agency's General
Counsel and that the Agency Chairman be AUTHORIZED and directed
to execute the Amendment No.7.
AYES:
NOES:
ABSENT:
Members Chandler, Harbicht, Lojeski, Young and Gilb
None
None
4d.
ADJOURNMENT
The meeting 'adjourned to 7 :00 p. m., November 17, 1987.
5.
6.
CITY COUNCIL RECONVE~ED
CONSENT ITEMS
6a.
AOVERTISE
FOR BIDS
(Library)
APPROVED the plans and specifications and authorized the City
Clerk to advertise for bids for the replacement of the existing
centrifugal chiller at the City Public Library (Job No. 637).
Funding in the amount of $52,500 is in the Capital Improvement
Program for 1987-88. The project is categorically exempt from
the requirement of the California Environmental Quality Act.
6b.
EQUIPMENT APPROVED the purchase of 15 portable and 11 mobile radios off
PURCHASE the Ventura County Contract from Motorola for a total of $40,695.77.
(Public,'Works Funds are in the 1987-88 Capital Outlay Fund in the amount of
& Police) '$57,051. Noted in the staff report that Ventura has a current
, V"Z"\contract with Motorola for such equipment of the same specifica-
(/ , tions as the City requires. Ventura has granted pennission to
, r ~ purchase these radios off their contract with Motorola at no
" charge.
6c. C
FINAL MAP ~~APPROVED Final Map of Tract No. 45531 - 145-151 Bonita Street -
(Tract - for a proposed 10 unit residential condominium subject to the
45531) ~'. ~ conditon that before the fi na 1 map is recorded a 11 outs tandi ng
conditions of approval must be complied with.
6d.
CITY /COUNTY
AMBULANCE
SERVICE
AUTHORIZED staff to advise the Los Angeles County Department of
Health Services that the City will continue to provide its own
emergency ambulance service and will continue to discuss with the
County, along with other cities, concerning an emergency ambulance
service agreement. (See report of the City Attorney dated October
28, 1987 in response to the County proposal reo such service.)
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY
COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER YOUNG AMD
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Counci1members Chandler, Harbicht, Lojeski, Young and Gilb
None
None
11/3/87
-3-
29:0320
7.
CITY ATTORNEY
7a.
RESOLUTION The City Attorney presented, explained the content and read the
NO. 5379 ",title of Resolution No. 5379, entitled: "A RESOLUTION OF THE
(ADOPTED) )\CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DELETING CONDITON
. (j 1 OF CITY COUNCIL RESOLUTION 5284 GRANTING CONDITIONAL USE PERMIT
~ . 85-24 FOR AN EATING ESTABLISHMENT AT 328 EAST FOOTHILL BOULEVARD".
It was MOVED by Councilmember Chandler, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that Resolution
No. 5379 be and it is hereby ADOPTED.
AYES:
NOES:
AI!SENT:
Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb
None
None
I
7b.
Prior to consideration of the following resolution, the City
Attorney stated that, pursuant to the direction of the City
Council, the resolution had been prepared reflecting the Council's
decision with findings, Consistent with past practice, the
resolution incorporates all items presented as part of the
report and reasonable implications and inferences from the
decision to approve the tentative map and deny the appeal of
Harold Ellis.
RESOLUTION The City Attorney then read the title of Resolution No. 5380,
NO. 5380 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
(ADOPTED) ~,,J' ARCADIA, CALIFORNIA APPROVING THE PLANNING COMMISSION"S DECISION
~> GRANTING TENTATIVE MAP 45791 FOR A NINE LOT SUBDIVISION LOCATED
'\ '",J AT 1435-1511 SOUTH EIGHTH AVENUE WITH CONDITIONS AND FINDINGS".
\'. /
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Chandler and CARRIED on roll call votE as follows that Resolution
No. 5380 be and it 1s hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers ChandlEr, Harbicht, Lojeski, Young and Gilb
None
None
7c.
CLAIM OF On recommendation of the City Attorney, the claim of Claudia
CLAUDIA Andrews (20th Century Insurance) was DENIED on MOTION by
ANDREWS ~~ Councilmember Harbicht, seconded by Councilmember Young and
(DENIED) ""~~ CARRIED on roll call vote as follows:
~,5,j
AYES:
NOES:
ABSENT:
Councilmembers
None
None
ChandlEr, Harbicht, Lojeski, Young and Gilb
8.
MATTERS FROM STAFF
I
None
9.
GILB
MATTERS FROM ELECTED OFFICIALS
The Director of Public Works advised on the progress of the
study of the Route 210 Freeway Noise Attenuation -- that they
.are now arranging to have noise level measurements made on the
south side between Altura and Old Ranch Road, after which another
meeting will be held.
11/3/87
-4-
.I
/
I
I
YOUNG
HARBICHT
(Agenda
Item
Nov.l7)
LOJESKI
(Nov. 17
report)
HARBICHT
(Meeting ji\
set. for ~
Dec.l, y
1987 " \
with
Homeowner
Associations)
ARCADIA
BEAUT! FUL
AWARDS
(May 1 7 , 1 988 )
29 :0321
Referred once again to the cutting or removing trees and noted
a specific location. She felt some controls were needed; that
further study should be made.
Council concurred in Councilmember Harbicht's request that
the consolidation of school and City elections be placed on
the agenda for November 17 for Council consideration.
The City Clerk will obtain information from the City of Duarte
as to that City's experience with the first consolidation of
City and school elections.
At Councilmember Harbicht's suggestion, a meeting will be arranged
with the Presidents of the various Homeowner Associations along
with the Chairmen of the Architectural Review Board and anyone else
who would like to attend. The City Attorney could explain to every-
one just what we can and cannot do; the pitfalls; what things to
watch for. The meeting would provide an opportunity to exchange
viewpoints and particularly some of the legal ramifications.
Council concurred with the scheduling of a meeting.
Mayor Gilb expressed concern with the fact that sometimes a
decision is made by no more than two Board members and suggested
that the Board be comprised of five people and that three be
required to be in attendance when considering a project. He
also said, in part, that if minutes are kept by the Board, he
would like to see them.
Councilmember Harbicht said further, in part, that he would
like to see the findings of the Board when they approve or deny
a project .,. that when a project is denied he would like to
see a copy of those findir,gs distributed to the City Council.
He was not questioning at all the sincerity of those serving
on the Boards ... it is a thankless task ... but the City Council
has the Brown Act with which it must comply and various kinds of
State regulations to make certain that, even though they are
sincere, it also has to go right down the line with the law.
Councilmember Lojeski added ... that at the last Planning
Commission meeting the situation came up concerning involve-
ment ... where, for example, no one has served on a particular
Architectural Review Board for more than one year ... and one
of the persons who had served a year became the Chairman. He
would like to see where there would be a transition and carry-
over ... if it could be done, he felt there would be some
credibility in having some carry-over people.
The City Attorney submitted, in part, that what has been suggested
is most appropriate and explained what had transpired at a
meeting held about two years ago with the Architectural Review
Boards and the Planning Director and the City Attorney. The
meetings were well attended and they ddd.adidse the!l!members that
the situation would be monitored to see how it plays out during
the next couple of years ... that perhaps amendments or revisions
to the resolutions might be in order.
It was then MOVED by Councilmember Harbicht, seconded by Council-
member Young and CARRIED that a meeting be arranged for 6:00 p. m.,
December 1, 1987.
At the Adjourned Meeting just prior to this meeting, Council received
information that the Arcadia Beautiful Commission will want to plan
to do presentations on May 17, 1988.
-5-
11 /3/87
29 :0322
10.
ADJOURNMENT
(Nov.17,
1987)
Council adjourned at 8:00 p. m. to 7:00 p. m., November 17,
1987 in the Conference Room 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.
I
ATTEST:
I
11 /3/87
-6-