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HomeMy WebLinkAboutFEBRUARY 19,1980_2 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTES APPROVED HEARING Tract No. 39239 APPROVED I 24:9956 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 19, 1980 The City Council of the City of Arcadia, California met in a regular session on Tuesday, February 19, 1980 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall, Rev. Gladys Johnson, Victory Chapel Susan Smith, Highlander Press PRESENT: ABSENT : Councilmen Gilb, Parry, Pellegrino, Saelid, Margett' None On MOTION by Counci lman pa rry, seconded by Counci lman See 1 id and carried unanimously the minutes of January 24, 1980 were APPROVED. On MOTION by Councilman Saelid, seconded by Councilman Parry and carried the minutes of February 5, 1980 were APPROVED, Mayor Margett abstained from voting on these minutes as he was absent February 5. The City Council on February 5 closed the public hearing portion on the appeal filed by Milton Bade concerning his proposed Tract No. 39239, 143 E, Sycamore. The matter is now before Council for further consideration, The Planning Director recalled what transpired at the previous meeting - that the tract had been designed for eight lots - that two of the lots (Nos. 1 and 6) did not conform to the minimum lot requirement due to irregular frontages. The subdivision is con- sistent with the General Plan designation for the area. Council had asked at that time if the developer could examine the possibilities of a seven lot tract. Councilman Saelid brought up the drainage and soil erosion aspect and the Director of Public Works submitted in part that the City has not as yet rece ived the design-grading plan but that the roadways have a relatively flat grade - that there are no hills associated with it and he could see no problem in developing the lots so they will have norma 1 dra inage. The developer, Milton Bade, 63 Birchcroft, said he was going to stay with an eight lot subdivision" that it is not feasible for seven lots-- that he has put the driveways to the lots on Oakhaven and Oakglen and has agreed to single story construction. And with reference to the grading he does not believe there is any point in the tract where there will be over a three foot fill area, The traffic problem was then brought up and the Chief of Police said in part that the Foothills Jr, High School parking has always been very limited and the school parking lot over parked. The width of the streets on which there is so much daytime parking is also a factor. Staff could work on it if Council so desires, Discussion held on the surplus property owned by the School District and which is up for sale ,.. the Council questioned whether or not this could be used for parking by the school when there is such a need. Councilman Saelid stated in part that his concerns other than the congestion in the area have already been satisfied .. and that the development will protect the integrity of the homes surrounding the -1- 2-19-80 Tract No. 39239 con't. HEARINC AMC AMENDMENTS Multiple Standards 24:9957 tract". that the property cannot be sterilized and the property owner has the right to use his property as long as the development is within the city guidelines and he is willing to make the homes all single story and the driveways on Lots 4 and 6 will not open on Syca- mo re, He wou Id like to see s ta f f work on the pa rking sHue t ion, Councilman Saelid then MOVED to sustain the appeal on the eight lot subdivision: that the homes be single storv and driveways for Lots 4 and 6 do not open onto Sycamore Avenue: that all the requirements in the staff report be complied with: that the subdivision together with the provisions for the design improvement is consistent with the General Plan and that the discharge of waste from the subdivision into the community sewer system will not violate existing requirements pre- I scribed bv the California Regional Water Quality Control Board. Also that Lot No, I not be any higher than the property to the west of 1222 Oakglen. Councilman Pellegrino seconded the motion which was carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Hargett None None Counc ilrnan Gilb then MOVED that staff contact the school district with relation to the available lot toward using it for parking and also check into the possibility of having crossing guard to a lleviate some of the traffic problem at the school, Motion seconded by Councilman Saelid and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None J Planning Commision recommendation concerning the revision or the R-3 multiple-family development standards of the Arcadia Municipal Code. All recommendations 'Nere set forth in Resolution No, 1133 and the Commission re~uested the Planning Department to continue its research of unique land use impacts of cooperative dwelling units and apart- ment units in order to establish findings and supportive rationale which may implement those previously mentioned. The Planning Director highlighted some of the recommended changes. Mayor Margett declared the hearing open and Joanna Hofer, 875 Monte Verde Drive, expressed concern about energy conservation and the Plan- ning Director said in part that all new housing, whether it be multiple family or single family, has to meet energy conservation rationale im- posed by the State and new projects are reviewed in the plan check process for compliance. Olaf Milton, 1050 E. Las Tunas Drive, spoke to air conditioning which is required whether for condominiums or conversions. He did not feel air conditioning is essential for well designed homes. He then re- I fer red to parking requirements. one guest parking space for each two dwelling units, He felt this would not be necessary in all instances. . Reference ~as made to unusual situations and Mr. Milton was advised of the modification procedure. Kip McBane, 1255 N. Santa Anita Avenue, was concerned about various areas 1) Does the City Council wish to effectively end condominium conversions j 2) the rea 1 irnpac t on the tota 1 number of multiple family dwelling units which will ultimately be available in the City as a con- sequence of reduced dens ity and 3) the impac t on the long tenn tax base for the City by effectively precluding the existing cost basis condo- minium unit; 4) the methodology by which the ordinances seem to be arrived at and 5) why in the era of shrinking automobiles is thought being given to enlarging driveway spaces by 5 feet. Mr, McBane felt -2- 2-19-80 A~ Amendments conlt. I HEARING Setbacks R-M, R-O & R-l zones HEARING Religious Solicitation (Unification Church) CONTINUED TO MARCH 18 I 24:9958 that the impact of the proposed changes will be near to $24,000 per unit which would break down the $250 per month increases in rent - that if people had been cognizant of that particular cost he questioned whether or not they would have responded as they did to the staff ques- tionaires. Basil Johnson, 20 E. Pamela Road, said in part that he was opposed to any change being made for lower standards than what is required for new condominiums. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unani- mously. Councilman Gilb then MOVED to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and the City Attorney be directed to prepare the appropri- ate ordinance for adoption. Motion seconded by Councilman Saelid and carried on roll call vote as follows: A~S NOOS ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett ~M None Planning Commission recommendation for a text amendment to change the side yard and rear yard setback requirements for the R-M, R-O and R-l zones. The Planning Director explained the changes and said in part that the changes would bring the regulations into closer conformi- ty with the design overlays in the various residential areas, Mayor Hargett declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Parry, seconded by Councilman Gilb and carried unanimously. It was MOVED by Councilman Gi1b, seconded by Councilman Parry and carried on roll call vote as follows that the Negative Declaration be approved and filed and find that the project will not have a significant effect on the environment and that the City Attorney be and he is hereby directed to prepare the appropriate ordinance for adoption. A~S NOOS ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Application of the Holy Spirit Association - Unification Church of Los Angeles - for a Certificate of Registration for Religious Solicita- tion, In reviewing the reports submitted by staff it was noted that the record does not indicate that any certificate was issued to the organization in 1979, . \~ Mayor Hargett declared the hearing open and Peter Geissler, 43 W. Forest Avenue, said in part that he had reviewed the application, the financial statements and correspondence accompanying the application, He said the information may be wholly inadequate for solicitation of funds and that the funds are distributed to the Unification Church in New York City, He noted a discrepancy in the amounts listed as receipts and that it appears to him that there is same inconsistency in its financial reporting. He felt the City should be provided with support- ive records, He recommended that the City Council inquire not only into the source of funds but also the disposition of the funds. He asked the City Council to disapprove the application which would be a real public service to the residents. Martin Peskin, 1201 W. Huntington Drive, stated in part that he was speaking from experience with the organization and read part of an article in the 1978 Glamour magazine and presented articles concerning the activities of the organization (House of Commons October 22, 1975, -3- 2-19-80 ;.... II.,' ',' ;. ~ to' l Religious Solicitation con I t. " ,>' ATHLETIC FIELD (Ligh ts & Bleachers) APPROVED ..1..., ,'f ~;. ~ t"'-'1"t .tJ. f.':;- q' ...... -; -~ .,' t:- ;' ~ ,,;r- t !' :,,;:. '~ '.' .,':#t"', .t..'" 10;. " , ., '. ~ '-! ~. . ',": , 24:9959 and a House of Representative Study dated October 1978). He quoted from this report and said that the application should be denied without question because it is not only a theft ~f the money people earn in this community but it is a way ,for the organization to get into this community and influence the thinking of the adolescents as happend to his daughter and remove them from the family structure, eventually destroying the family. He urged the City Council to deny the request. Anna Mae Slavin, 1101 Paloma Drive, submitted material listing various names under which the organization uses. She asked for denial of the application as it concer~8 the youth of the community and i. much more important than other'mat~rs bef~re Council.. if they are permitted to come into the City they will be after the children not only soliciting for funds. She asked the City Council to give the matter serious con- sideration as it is a real thrast and expressed concern about the apathy of 'parents wl;>o should ,seek out aU the ,inll<:>rmation possible on the cult and encourage their children to do so. Johanna Hofer, 875 '~nte V~rde Urive, felt a 'speci~l ordinance could be drawn up which would prohibit the issuance of a Certificate of Regis- tration for religious solicitati()t\s to allY cult which is captive, de-' structive, deceptive' and wnose 'a~ is t;o'Qain ~ontrol of the government, She asked the City COClncil' to <fen,. thll,:c.u-tiftcate \ttl1ess the organ~- , zation can prove that,it i,s ne.t: opitera't1D8~as'" cult. 'an" itS:activitl<es ',' are not in question. ~ '- . ~.. ' :"'~, . ,I : ::. I . ' ; Basil Johnson, 20 E. Pamela Rciia. also asked the City'Council to deny the application as ,it is apparent from'what one reads in the newspaper and what has been said at 'this ineetin-g ,tiwlt the organ4iation ia.'not one of the standard religious chaditablte otgani~.it'ioris:' 't : ;, .. : ' i ~ ~;!. Mayor Margett asked if the applicant or a representative' of the Church was present. No one responded. The City Council was advised that notices had been mailed to the applicant,. In order to provide time for a~diti.na1 review it was MOVED by Council- man Saelid, seconded by Councilman Gilb and' carried on roll call vote as follows that the matter be CONTINUED to MARCH 18 and that the or- ganization be required to provide financial' statements of the last fiscal year including balance sheet, statement of income and expenditures with certificates signed by a Certified Public Accountant, licensed in the State of California>. and ,an' au'.t:ited'frepdrt coftqe' ilisi>Ositioa 'qof funds collected in Arcadia. '"i ' , AYES NOES ABSENT : Councilmen Gilb, par'ry, Pellegrino', Sae1id, Margett None None The fact that the organizatiotl has co1lec-t~id funds in the City durins 1979 and did not have a permit was emphasized so that residents would realize it does not have a Certificate of Registration for religious so 1 ic i ta t ion. I Recommendation of the Parks and Recreation Commission to proceed with plans and specifications for Phase II of the Athletic Field - this would include lighting and additional bleachers. The Superintendent of Parks and Recreation explained that a lighted field would add about 25- 30 hours of playing or practice time per week and would enable parents to attend who cannot during the daytime, Funds are available in the Capital Projects budget including $10,575 remaining from Phase 1, also $12,633 in the Fourth Year Allocation of SB 174 Fund. It was noted that out of all the projects the Commission would like to see in the City this is number one. It was MOVED by Councilman Gilb, seconded by Councilman Saelid that the plans and specifications for this project proceed. -4- 2-19-80- ; . '.,' 24: 9960 Athletic Field con It. Herb Fletcher, 175 W. Lemon Avenue, felt that sufficient funds have already been put into the field to acconnnodate a. srna,ll percentage and a special interest group in the City.. that the funds from the State could be used for senior citizens and the like. He also referred to the need to conserve energy and questioned the need for lighting, He asked Council not to spend the money for the proposed purpose and let the next City Council consider the use of the funds. Roll call vote was then taken on the Motion to proceed, AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None IA" ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: ABSENT Hembers Gilb, Parry, Pellegrino, Saelid, Margett None It was MOVED by Member Parry, seconded bv Member Pellegrino and ca rried on roll call vote as follows that the meeting adjourn to February 26, 1980 at 6 p,m. AYES NOES ABSENT: Members GilbJ Parry, Pellegrino: Saelid, Margett None None Council reconvened. AUDIENCE PARTICIPATION Johnanna Hofer, 875 Monte Verde, expressed appreciation for the work performed by the city forces during the recent storm and referred the trees which fell during that. time. The City Manager explained that there wasn't any way in which the trees which were lost could have been saved and referred also to the trees which were lost at the Arboretum 'which lS the mecca of tree and plant gr""ers, Councilman Gilb added to this by stating in part that as an example San Marino has not been able to trim its trees due to the lack of funds and that Arcadia has tried to do as much as possible to keep the trees in good condition and trimmed, however, with the wet soil now the situation could worsen if a strong wind came up many more trees would be lost, 1 In response to a question by Mrs, Hofer the Director of Public Works said it depends on the size of the tree in removing them -~ a larger tree would probably cost between $300 and $400 and there might be additional cost if there was structural damage to curbs, sidewalks and gutters. Nrs. Hofer was also advised that the reason the senior citizen housing was not placed on the April ballot was because of the time ele- ment. It will appear on the June 3 Primary ballot, Also there is no legal requirement that the ~atter of Redevelopment be submitted to a referendum and citizens have not petitioned to have it as an initiative that the City CounciL has the complete discretion at any time to put the question on the ballot for an advisory vote. Herb Fletcher, 175 \-1. Lemon ,-\venue, spoke to the proposed retention of an expert on the TCE content in the water... and felt it would have a scare tactic to do this -. that perhaps this could be a joint venture with other cities. -5- 2-19-80 TRACT NO, 33763 FINAL MAP APPROVED CONDITIONAL PERMIT (R-3) T. A, DENIED VEHICLE PURCHASE (Police) 24:9961 CONSENT ITEMS The final map of this tract was submitted for approval, It is at 624-644 W. Foothill Boulevard, Councilman Saelid spoke at length cOncerning the soil erosion and drainage due to the elevation differen- tial, He acknowledged that there is no provision for this information which he believes is a weakness in the Code; that perhaps what is need- ed is a text amendment requiring a grading map. Considerable discuss- sion ensued and the subdivider, Orla Pederson, 478 W. Winnie Way, said in part that if it is graded correctly there should be no problem .- that the new house on top will be settled because the fill has to be certified by a soil engineer to make certain it is compacted to at least 90 percent, It was submitted that the owners of the house on Lot 2 which is to remain on the property could construct a wall how, ever it would cost about $6,000, I Councilman Saelid said he is very concerned about this property; that irreparable harm may occur if it is approved without protection to the subject lot and MOVED that the final map of Tract 33763 be APPROVED with the requirement that the grading permit be submitted to City Council with a grading plan for approval. Councilman Pellegrino seconded the motion which did not carryon the following roll call vote: AYES NOES ABSENT: Councilmen Pellegrino, Saelid Councilmen Gilb, Parry, Y~rgett None It was then MOVED by Cou~cilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the final map of Tract No. 33763 be APPROVED subject to the conditions that before the map is recorded all outstanding conditions of approval must be complied with and that the Council approve the abandonment of the sewer ease- ment which will be no longer needed. AYES NOES Councilmen Gilb, Parry, Hargett Councilmen Pellegrino, Saelid (that it is a matter of public and private safety) ABSENT: None Councilman Saelid then MOVED that staff investigate and present to the Planning Commission a text amendment to provide retaining walls for situations such as this with a recommendation to the City Council, Motion seconded by Councilman Gilb and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Hargett None None APPROVED the recommendation of the Planning Commission for denial of a text amendment to amend Section 9255.1 of the Arcadia Municipal Code to require a conditional use permit for all developments within an R-3 zone and Title 1, 1 APPROVED the purchase of 10 police patrol cars and police trucks with prisoner compartments from Federal Revenue Sharing Funds, ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN GILB, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Hargett None None - 6- 2-19-80 ,.;' ..~"C WATER STUDY TABLED / , ,.f ~ ,OF - r ". 1 I ORDINANCE NO. 1693 ADOPTED 1/ RESOLUTION NO, 4887 ADOPTED j f: I~ ~ " 1 ~, RESOLUTION NO. 4888 ADOPTED 1 1/' ,- -,^ I. 24:9962 Staff recommended the retention of a consulting engineer to investi- gate TCE removal processes, In its report dated February 19 it was noted that although at present there is no high TCE concentration in any of the wells, peak summer pumping may cause a shifting in ground water movement which could result in increasing TeE concentrations in some of the wells, The possibility of this occurring is difficult to determine however staff felt inve~tigations should begin in order to be prepared to apply for whatever grants or loans might be available for financing construction of a removal plant if it should become desirable, The preparation of this preliminary work would cost $20,000 and a firm was recommended. Discussion ensued and it was submitted that this is something other cities might join in thus saving some money. During this considera- tion Jack Pratt of Engineering Science explained what may have hap- pened during the years to bring about the situation, It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the matter be TABLED and that staff be instructed to coo tact other cities which have the same problem and ascertain if they would like to participate in a joint effort and report back to Council. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1693, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233,8 OF THE ARCADIA MUNICIPAL CODE TO REZONE PROPERTY AT 610-618 NORTH SANTA ANITA AVENUE FROM R - 3 to C - 1. " It was MOVED by Councilman Parry, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No, 4887 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON JUNE 3, 1980, AND ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA OF A QUESTION RELATING TO ELDERLY AND HANDICAPPED LOW RENT HOUSING. " It was MOVED by Councilman Gilb, seconded by Councilman Parry carried on roll call vote as follows that the further reading the full text be waived and ADOPTED. and of AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4888, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT RECARD ING A CITY MEASURE." It was MOVED by carried on roll the full text be Counc ilman Cilb, seconded call vote as follows that waived and ADOPTED. by Councilman Parry and the further reading of AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None -7- 2-19-80 RESOLUTION NO, 4889 ADOPTED I' dDS I SAEL ID CHARTER REVIS ION COMMITTEE EXECUTIVE SESSION ADJOURNED TO FEB. 26 6 p'm' 24:9963 The City Attorney presented, explained the content and read the title of Resolution No. 4889, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF ARCADIA SPECIAL ELECTION TO BE HELD ON JUNE 3, 1980 WITH THE STATEWIDE PR IMARY ELECTION TO BE HELD JUNE 3, 1980," It was MOVED by Councilman Parry, seconded by Coune ilman Sael id and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED, AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Referred to the forthcoming study on a home occupation ordinance and although he realized there would be problems he suggested that consideration be given to prohibiting commercial vehicles from parking in residential driveways. The creation of a City Charter Revision Committee was held over until March 4. At 11;30 p.m. Council entered an executive session. 11:45 p.m, and ADJOURNED to 6 p,m, February 26, 1980 a joint meeting with the Planning Commission will be 7:30 p,rn. Six Star Cable TV ,,,ill be discussed, Reconvened at at which time held, At ,~~ ~5iff Mayor (/ ATTEST: City Clerk -8- 2-19-80 1 1