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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-