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HomeMy WebLinkAboutMAY 6,1980 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0013 I INVOCATIOn PLEDGE OF ALLEG IANCE ROLL CALL MINUTE APPROVAL RESOLUTION NO. 4902 ADOPTED RESOLUTIon NO, 4903 ADOPTED I HEARING Cable Television continued to May 20 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MAY 6, 1980 The City Council of the City of Arcadia, California and the Arcadia Redevelopment Agency met in a regular session on May 6, 1980 at 7:30 p,m, in the Arcadia City Hall Council Chamber. Bishop Bruce Ballard, Church of the Latter Day Saints Councilman Jack Saelid PRESENT: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None On MOTION by Councilman Gilb, seconded by Councilman Saelid and carried on a 3 to 0 vote the Minutes of the Adjourned Regular Meetings of March 18 and 25, and the Regular Meeting of April 1 were APPROVED. (Councilmen Dring and Haltom did not take office until April 15.) It was then MOVED by Councilman Gilb, seconded by Councilman Saelid and carried unanimously that the Minutes of the Regular Meeting of April 15 be APPROVED. Councilman Saelid presented, explained the content and read the title of Resolution No, 4902, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING 54 CITIZENS OF ARCADIA AS AMBASSADORS OF GOODWn.L ON THE OCCASION OF THE SECOND OFFICIAL VISIT OF ARCADIANS TO THEIR SISTER CITY, TRIPOLIS, ARCADIA, GREECE." It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Councilman Saelid then presented and read in full Resolution No, 4903 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DESIGNATING REPRESENTATIVES AND A CHAIRMAN AND ASSISTANT CHAIRMAN OF THE DELEGATION OF ARCADIANS OJ< THE OCCASION OF THEIR SECOND OFFICIAL VISIT TO THEIR SISTER CITY, TRIPOLIS, ARCADIA, GREECE." It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that Resolution No. 4903 be and is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Councilman Saelid then introduced former Mayor C. Robert Arth and Mrs, Arth who will accompany the official representatives of the City on the occasion of the second official visit to Tripolis, Arcadia, Greece, and wished the delegation well. Staff advised that cable television franchise applications had been received from Teleprompter, Six Star Cablevision and American Television -1- 5-6-80 HEARING HARE KRISHNA (Continued to May 20) 25:0014 and Communications, however, the latter application has been withdrawn. The two remaining applications are being analyzed by staff and this matter will be continued to the regular meeting of May 20 at which time a report will be presented. Request by International Society for Krishna Consciousness for a Certi- ficate of Registration for Religious Solicitation. Mayor Pellegrino declared the hearing open and asked for those in favor to address the City Council. A representative of the applicant did not respond and no one else desired to speak in favor of the application, Whereupon Mayor Pellegrino asked for those opposed to address the City Council. Mrs. Johanna Hofer, 875 Monte Verde Drive, said in part that solicitation by this cult within this City would be detrimental to the health and wel- fare of its citizens, particularly those in their teens and young people, She suggested a coalition of cities especially in the event of litigation due to the cost, She also suggested that a record be kept of all the man hours spent by city departments in the investigation of these types of applications, I Peter Geissler, 43 W. Forest Avenue. referred to material which he had previously submitted to the City Council. He felt there are inconsisten- cies in the current application which he has reviewed; that perhaps the City has not been fully informed as to the operation. He would like to know precisely what disposition is going to be made of the funds which may be collected by the organization; that it's statement of operations ending December 31, 1979 indicated a total incOme of $1,594,000 .. with donations made out of these receipts of $53,950 ... a donation of 3.38% to the various services, operations and activities which are not identi- fied. He felt the answer to question number 13 on the application should be qualified. He noted various cities which had issued permits on a temporary basis. He concluded by stating in part that the best in- terests of the City would not be served by permitting this organization to solicit funds in the City. Captain Billy Oliver, Arcadia Police Department, submitted documents describing solicitation tactics of the Krishna organization. An injunc- tion obtained by the City of Los Angeles conta.ins 23 exhibits of affi- davits and declarations of witnesses describing the deceptive and fraud- ulent practices of the solicitors; how they take advantage of crowded and confusing situations and victimize the young, the elderly and foreign visitors. He also submitted a letter from Robin George, a young lady who is a past member of the organization. What is described in her letter follows closely the actions described in the Los Angeles court action. It was MOVED by Councilman Gilb, seconded by Councilman Dring and carried on roll call vote as follows that the record indicate that the applicant was notified of this public hearing date and time; that no one appeared on behalf of the organization; that all prior testimony and material sub- mitted relating to prior application be and it is hereby made part of this new application, I AYES NOES ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Inasmuch as the City Council has not had sufficient time to review the enormous amount of information made available it was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that this public hearing be continued to the regular meeting of May 20, AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -2- 5-6-80 HEARING REZONING (Anoakia) APPROVED I I 25:0015 Planning Commission Res. No, 1137 recommending approval of a zone change from R-O & D 30,000 sq, ft. to R-O & D 22,000 sq. ft. for property at 701 W. Foothill Boulevard (Anoakia), The Planning Director explained that the zone change would allow lots to be created containing. a minimum area of 22,000 sq. ft., which is consistent with the General Plan designation for single family residential, If the zone change is approved the next step for the applicant would be to file a tentative tract map. He explained the procedure following this ... that subsequently prior to receiving building permits architectural plans would have to be submitted to the Rancho Santa Anita Property Owners' Associa- tion for its review pursuant to the regulations and the design overlay. Dimensions of the subject site were submitted. With its present 30,000 sq, ft, a maximum of approximately 24 lots could be developed, whereas if it is rezoned to 22,000 sq, ft., 29 to 32 lots at the most could be developed. The D overlay would insure development standards being main- ta ined . Prior to opening the hearing Councilman Gilb referred to a question pro- pounded by Councilman Dring as to whether or not he (Gilb) would be en- titled to vote on this matter because his residence is in the subject area, The City Attorney responded in part that Councilman Gilb could not parti- cipate if he has a financial interest; that he does not have a financial interest in the Anoakia property; that to his knowledge Mr. Gilb's property does not abut the Anoakia property and that the properties are not in close proximity; that his membership in the non-profit homeowners' association does not create a conflict and that though there are certain financial gain thresholds, in his legal opinion, theX would not be exceeded if at all and that the financial impact should be/~reater than that on the community in general. Mayor pellegrino declared the hearing open and Mark McCaslin, represent- ing his father, stated in part that the reason they are making application for a zone change is that they would like to bring the lot size down to 22,000 sq. ft., keeping it well within the General Plan. He noted the dimensions of parcels in adjacent areas, that there are lots anywhere from 18,000 to 36,000 sq. ft., that the larger lots were developed at a time when the economy and building costs were quite different '" that developers are not interested in developing 30,000 sq. ft. lots, He continued in part that with the architectural review provision the home- owners would have ample opportunity to review the plan. In answer to a question about the disposition of the so-called mansion on the property Mr, McCaslin submitted that they fully intend to incor- porate the historical building into the plan. He would make the tenta- tive tract map available to the homeowners' association. Meyer Piet, 757 Anoakia Lane, explored the history on the property and referred to the condition of the property now ." it is used as a school although the land is infested with rats and coyotes; that the request for a reduced lot size is not based on any actual plan .. and he does not think the zoning should be changed on a mere request. James Collett, President of the Rancho Santa Anita homeowners' association basically agreed with Mr. Piet; that the homeowners have been concerned for some time with the disposition of the property; that he would still like to see the 30,000 sq. ft., however, the main concern is that if it is to be developed the association will have the opportunity to review the tract map and safeguards as to quality. Councilman Dring referred to the comment about the hazardous condition of the property as has been mentioned. He was advised on the procedure undertaken by the City in such situations. Staff will proceed along this line. No one else desiring to be heard the hearing was CLOSED on Councilman Gilb, seconded by Councilman Saelid and carried vote: MOTION by on roll call AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -.- 5-6-RO 25:0016 Councilman Saelid stated in part that the Council has for some time been concerned about the development of this property; that what is before Council at this time apparently gives the possibility for reasonable de- velopment consistent with the neighborhood; that he does not believe any member of Council would be satisfied with lots as small as 15,000 sq, ft., that two dwelling units to the acre is appropriate for the area. He could support the 22,000 sq. ft, with the D overlay - however, without the D overlay'he could not support it, Councilman Dring questioned the different rules and regulations applying to the different areas i. e" property north of Foothill being different from south of Foothill... and referred to a change in the General Plan.. that it is entirely possible if it is intended to change the General Plan the subject area could be incorporated ... that this appears to be a downgrading of zoning, I Councilman Saelid said in part that as Councilman Dring becomes familiar with the General Plan he will see there are different densities for dif- ferent areas of the City and each are dealt with in a different manner,.. that what is appropriate in terms of lot sizes for one area may not be appropriate for another ." that he is not in favor of taking some of the deeper lots and breaking them up by putting cuI de sac streets in back of them and chopping off the back end of the deeper lots... each case has. to be judged on its own merit. Councilman Haltom agreed with Councilman Dring in part .., that it does appear that one set of rules qualifies for one area and another one quali- fies for another area ..' that to him 22,000 sq. ft., is more than adequate and with the current financial atmosphere he could not imagine a developer being interested in anything larger other than a custom built home, Councilman Gilb then summarized the safeguards -- the tract map will be submitted to the homeowners' association for review; it will be reviewed by the Planning Commission and the City council for any inconsistencies; that prior to the construction of new dwellings the architectural plans will have to be submitted to the homeowners' association pursuant to the regulations of the D overlay. He noted also that Mr. McCaslin has stated his willingness to abide by the D overlay regulations. Whereupon Councilman Gilb MOVED to approve and, file the Negative Declara- tion and find that the project will not have a significant effect on the environment; that the City Attorney be directed to prepare an ordinance rezoning 701 W. Foothill Boulevard from R-O & D 30,000 sq, ft. to R-O & D 22,000 sq. ft., with the condition that the applicant comply with all provisions contained in Resolution No. 4740 (architectural design) and that he agree to abide by all the decisions rendered thereunder, Council- man Saelid seconded the motion, During this consideration and in response to a question by Councilman Dring the Planning Director outlined the process - that the City Council has the power through ordinances and resolutions to be the authority in local homeowner associations. The association has to approve the plans before a building permit can be issued. However if someone does not agree with the decision of the association they have the right to appeal that decision to the Planning Commission and the City Council. I The following roll call vote was then taken: AYES NOES ABSTAIN: ABSENT : Councilmen Gilb, Haltom, Saelid, Pellegrino None Councilman Dring None HEARING TRACT NO. 40156 Tentative Map APPROVED Tentative map of Tract No. 40156 for a 5 unit residential condominium at 610 S. Third Avenue subject to conditions set forth in the staff report dated May 6, 1980. -4- 5-6-80 I ROLL CAu. I SITE DEVELOPMENT 401 Rolyn Pl. PRELIMINARY PLANS APPROVED 25: 0017 Mayor Pellegrino declared the hearing open and Chris Bade addressed the City Council on behalf of this project. It was noted that the subject site is developed with a single family residential dwelling .. the pro- perty is zoned R-2 and designated as Multiple Family Residential. No one else desiring to be heard the hearing was CLOSED on MOTIO~ by Councilman Dring, seconded by Councilman Saelid and carried unan~ously. It was then MOVED by Councilman Saelid, seconded by Councilman Dr1ng and carried on roll call vote as follows that the Negative Declara~i~ be approved and filed and find that the project will not have a s1gn1ficant effect on the environment; that the tract is consistent with the ~neral Plan and that the waste discharge from the tract will not result 1n a violation of the existing requirements set forth in the Water Co~e.and that the Director of Public Works be authorized to approve the subdiv1s10n agree- ment. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Council adjourned in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT Members Dring, Gilb, Haltom, Saelid, Pellegrino None Member Dring requested that the General Counsel to the Agency provide a written ruling regarding the Chairman's position with relation to.the legal definition of Conflict of Interest in the redevelopment project areas Chairman Pellegrino responded in part that if there are concerns he wo~ld like the matter clarified. The City Attorney will provide an opinion. Member Saelid also asked if the General Counsel would rule on an agenda item to be considered -- that of 401 Rolyn Place -- should the Chairman abstain from voting on this item. The General Counsel said that the Chair- man must abstain if he has a financial interest in the project and he has one if there is a material financial impact on property he owns; and though he is not an economist or appraiser, in his 'opinion there is no material financial impact particularly due to the distance between the properties in question. Member Saelid then said for the record that he works for Xerox ~orporattorr and his firm owns the property across the street from the subject property; that it is not a major part of Xerox Corporation's holdings nor is his salary a major part - that he intends to vote on this item because he does not consider it to be in any conflict and he does not want to revisit this question next time. The Assistant City Manager for Economic Development then explained that preliminary plans for an industrial use at 401 Rolyn Place have been re- ceived, It is to be a warehouse facility with 6250 sq. ft, This consid- eration is to afford the agency the opportunity to determine if new private projects are in conflict with projects which are being considered for de- velopment. Section 419 of the Redevelopment Plan prohibits any use which is incompatible with the surrounding areas, Projecturals were reviewed ,.. of the existing site ,. the frontage along Rolyn Place .,. elevations were noted .,. a masonry wall will be constructed to provide separation from the residential to the west. No negative attitude from the residents in that area have been received. Member Gilb MOVED that, based on the findings set forth in the staff report, the e Ecutive direc tor be directed to approve the preliminary plans sub- mitted for 401 Rolyn Place subject to conditions outlined. Motion seconded by Member Dring and carried on roll call vote as follows: AYES NOES ABSENT: Members Dring, Gilb, Haltom, Saelid, Pellegrino None None -5- 5-6-80 REPUBLIC DEVELOPMENT COMPANY ADJOURNMENT 25:0018 The Assistant City Manager for Economic Development then referred to concept drawings to be submitted by the Republic Development Company and because the plans would require amendments to both the General Plan and Redevelopment Plan and because staff has not had adequate time to review the implications and associated costs to the Agency it was recommended that the matter be held over to a public study session to allow all Mem- bers an opportunity to discuss with Republic and staff the past, current and future direction of the project in light of the concept plans. This matter will be continued to May 29 at 4 p,m, at which time an extension of 30 days may be granted, This offer was acceptable to Republic Develop. ment Company. Member Dring referred to a section in the Disposition and Development Agreement concerning the issuance of bonds and asked if in order to finance the project is there any intention to do so. Mayor Pellegrino said not to his knowledge. Member Dring then referred to Section 510 and asked if it is correct that the developer, if he has been unable to obtain financing for commi,tments under the agreement, then he may walk away from the agree- ment with a loss of the deposit he has made. The General Counsel answered in the affirmative ... that only the Disposition and Development Agreement would no longer be valid at that time ... it would not affect the Agree- ment to Negotiate which is an entirely separate agreement from this. I The Agency then adjourned to May 29, 1980 at 4 p.m. Council reconvened. AUDIENCE PARTICIPATION In response to an inquiry by Sherry Passmore, 1109 Columbia Road, con- cerning the proposed water system connection to the City of Monrovia, staff advised that there are a number of such connections with other water systems ,. that this one would be physically located on Fifth Avenue ad- jacent to Monrovia; that the City would not be connecting its wells to Monrovia wells ., only connecting the system ,., that it would be only for emergency use. Mrs. Passmore then requested copies of all agreements with any water district surrounding the City, where the water is trans- ferred and whether the City sells or buys it. She also expressed concern about the retention of the quality of water. See page 8. Roni Eventov, 55 Woodland Lane, asked the City Council to place the matter of the lights for the athletic field on a future agenda, Patti Jacobs, 618 N. Santa Anita Avenue, spoke to her inability to obtain an overnight parking permit inasmuch as she drives a commercial vehicle, She explained there is no other place to park except on the street and she has received citations for that. It was noted that the subject property had recently been sold by the City for commercial use and perhaps in a sense has some responsibility for the lack of parking space. It was noted that the property was acquired from the State as surplus upon completion of the Freeway.. that there was ade- quate parking for the apartments prior to the freeway construction, It I was also noted that the new owner is about ready to start construction and that it would not be long before Miss Jacobs must seek residence elsewhere. It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that a temporary on-street parking permit be granted for a two week period with a one time two week extension, AYES NOES Councilmen Dring, Gilb, Haltom, Pellegrino Councilman Saelid (had stated in part that this has come up before and the provisions of the ordinance had not been waived because of the numbers of people who would request the same special trea tmen t. ) ABSENT: None -6- 5-6-80 I HEARINGS SCHEDULED MAY 20 TRACT NO. 37279 TRACT NO, 37278 FIRE CONTROL PROGRAM TRACT NO. 36755 FINAL MAP APPROVED I TRACT NO. 36895 FINAL MAP APPROVED 25:0019 David Powell, 911 Victoria, asked the City Council to reconsider lighting the athletic field north of the City Hall., that practice fields are very difficult to locate. Joseph Sargis, 1611 Highland Oaks Drive, read his communication in full (on file in the office of the City Clerk) asking the City Council to de- clare a moratorium on R-2 property until such time as the Planning Com- mission can bring it into compliance with the new R-3 ordinances. Mr. Sargis then referred to a statement made by Councilman lIaltom at the April 15, 1980 meeting - that he (Mr. Haltom) felt the Commission had given the developer of a specific property too much .. and had acted in a manner inconsistent with the desires of the community. Mr. Sargis said in part that when such a statement is made it should be based on sufficient verified information to substantiate the statement. Councilman Haltom re- sponded in part that what he said was and still is his own opinion; that he feels many concessions were made in the cited instance. CONSENT ITEMS 1, (Request for a waiver of the fire retardant roof and stucco siding (requirements for an existing structure at 663 Naomi Avenue. 2. (Appeal from the Planning Commission denial of a modification (request at 1935 S. Eighth Avenue. GRANTED a six month time extension for Tract No. 37279 (9 unit condo- minium at 759 Arcadia Avenue. GRANTED a six month time extension for Tract No. 37278 (9 unit condo- minium at 855 Arcadia Avenue, APPROVED participation in a Fire Control Program in the Santa Anita Canyon brush area. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN GILB, SECONDED BY COUNC ILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On MOTION by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows the final map of Tract No. 36755 for an 8 unit condominium at 26-34 Genoa Street was APPROVED. It was noted that the final map had been reviewed by the Los Angeles County Department of Engineer-Facilities and the appropriate city departments. It was found to be in substantial compliance with the tentative map which had been approved by the City Council on April 17, 1979. This approval is subject to the condition that before the final map is recorded, all outstanding conditions must be complied with, AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Consideration of the final map of Tract No. 36895 for a 24 lot subdivision at the northerly terminus of Oakhaven Drive. The map has been reviewed by the County Engineering Department and all appropriate city departments. The map has been found to be in substantial compliance with all conditions for the revised map which was approved by the City Council on January 15, 1980. The developer has indicated that he will bond for any of the condi- tions of approval which have not as yet been fully complied with. Responding to questions concerning problems encountered during the heavy rains starting in January last, the developer, Charles Bluth, said in -7- 5-6-80 CONTRACT AWARD BALDWIN AV. PHASE II I WHEEL CHAIR RAMPS CONTRACT AWARDED WATER SYSTEM CONNECTION WITH MONROV lA APPROVED 25:0020 part that he made every effort to clean up during that time and spent days and nights on the premises. With regard to a specific property which lies at the base of the canyon under circumstances with no way for the rain from the surrounding slopes to go but onto that owner's driveway, Mr. Bluth said no water from his development went to that particular property... that it came from the natural slopes remaining directly behind that house that the Director of Public Works had visited the propety and determined that the mud was not coming from Mr. Bluth's project. It was then MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the final map of Tract No. 36895 be APPROVED subject to conditions. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None I The City Council received the result of bids and recommendation for the award of contract for the reconstruction of Baldwin Avenue from Las Tunas to Live Oak - Phase III - Job No. 479. Federal Aid Urban Funds are avail- able to finance 86.09% of the project costs with the remainder coming from State Matching Funds and Gas Tax Funds. It was MOVED by Councilman Gilb, seconded by CounCilman Saelid and carried on roll call vote as follows that the contract be awarded to the low bidder, Sully Miller Construction Company, in the amount of $160,185.50; that $9,450 be appropriated from State Gas Tax Funds to cover the City's share of the cost of engineering, inspection and construction; that all irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute a contract in form approved by the City Attorney after receipt of approval from the Federal Highway Adminis tra tion. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Council received the result of bids and recommendation for the award of contract for the construction of wheel chair ramps at various locations. It was noted that application has.been made for SB 821 Grant Funds for bicycle and pedestrian facilities offered by the Los Angeles County Transportation Commission and it is hoped that the grant will be available to supplement project funding. It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that $18,500 be appropriated from Capital Im- provement Project Funds to cover the cost of construction, inclpding design, inspection and contingencies; that a contract in the amount of $14,898 be awarded to Crowell and Larson; that all informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute a contract in form approved by the City Attorney. AYES Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino I NOES None ABSENT: None Staff advised that it had received a communication from the City of Monrovia requesting permission to install a 12" metered connection between that City and Arcadia water systems. The purpose would be to provide Monrovia with a supplemental water supply for emergency use. The capacity of the connec- tion would be about 4000 gallons per minute. Conditions were reviewed with which staff agreed with the exception of No.3. Revision for this condi- tion is outlined in staff report dated May 6, 1980. Monrovia has agreed to this revision which relates to the city water rate. In response to an inquiry made by Mrs. Passmore earlier in this meeting the -8- 5-6-80 I ORDINANCE NO. 1701 INTRODUCED COVENANT RELEASE I 25 :0021 Water Manager advised that the State Health Department inspects all water systems with bacti tests weekly.. also that the City would not sell water if there were a shortage in this City's system. He also said this city has never had a TeE problem within our own wells ... that testing for that is done by a private laboratory. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the water connection and the conditions of installation and use with the revision be APPROVED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney presented, explained the content and amendments and read the title of Ordinance No. 1701, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICPAL CODE BY ADDING DIVISION 5 TO PART 8, CHAPTER 2, ARTICLE IX THEREOF TO CONTROL AND ALLGI CERTAIN HOME OCCUPATIONS IN RESIDENTIAL ZONES WITH AN APPROVED PERMIT." Discussion ensued on the need for this ordinance and it was submitted that after numerous hearings the City Council had determined to adopt such an ordinance in an endeavor to see how it works -- there are so many businesses going on without licenses and in effect makes them il- legal.. that instances are brought to the attention of the City mostly through complaints .. it is an effort to legitimize businesses in homes that are nonobstrusive or noninvasive of the residential quality of the neighborhood. Councilman Dring felt there must be an easier way to simplify the ordi- nance ". especially in view of the fact that there are so few problems that to him the ordinance is a complex document that could be used dis- criminately because an effort will only be made to enforce it upon com- plaint. It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the full reading of Ordinance No. 1701 be waived and that same be INTRODUCED as amended. AYES NOES ABSENT : Councilmen Gilb, Haltom, Saelid, Pellegrino Councilman Dring None It was noted that on February 24, 1970 Modification M-70-5 was approved by the Planning Commission which allowed a guest house at 32 W. Norman Avenue on the condition that a covenant be signed to insure that the guest house would not be used as a rental, The current owner, Carlos Losoya, Jr., has now requested that the covenant be removed due to addi- tions to the main dwelling that connect it to the guest house, Staff inspected the subject site and found that the guest house is no longer an accessory structure and that it has been incorporated into the main dwell- ing. It was recommended that the covenant be released. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the covenant, recorded March 5, 1970, as Instrument No. 2475, be released. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None MATTERS FROM ELECTED OFFICIALS: UTIL ITY TAX REDUCTION APPROVED Councilman Haltom MOVED that the City Attorney prepare the appropriate ordinance to reduce the utility tax from the present 7% to 5%. Motion seconded by Councilman Dring, -9- 5-6-80 STREET SWEEPING CHARGE RESCINDED HALTOM GILB PELLEGRINO LIGHTING COSTS 25: 0022 Councilman Saelid commented in part that inasmuch as this is tied in with the budget he would have preferred to take action on taxes at such time it was known what the amount of the budget will be and what the sources of revenue will be, however, based on what he has learned thus far in terms of budgeting he did not think this will place the city in jeopardy and would support this reduction. Roll call vote: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, pellegrino None None Pursuant to a question by Councilman Saelid the City Manager said about $106,000 has been derived from the street sweeping charge for last year. Since it is a fixed fee Councilman Saelid observed that the City is not anticipating any great difference in terms of next year .... whereupon he MOVED that the Street Sweeping Charge be rescinded and that the City Attorney prepare the appropriate ordinance, Councilman Gilb seconded the motion which was carried on the following roll call vote: I AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Brief discussion held on the sewer maintenance charge which Councilman Dring said he would like to see rescinded. Councilman Haltom said in part that he had been under the impression that there is a surcharge in connection with the water rate .. that he is not alone in this, however, he has been informed that this ordinance has never been in force and apologized for his statement made at a prior Council meeting. The Water Manager will prepare a statement for press release in this regard. Said he has been informed by the School District that an ad hoc committee has been formed to look into the closing of One of the schools .. that he thinks it could be used for a Senior Citizen Center .. with all the fa- cilities, He then MOVED that staff look into what funding might be avail- able to acquire a surplus school or any other.facility for Senior Citizen purposes and that perhaps one of the elected officials or one of the staff could become a member of the ad hoc committee. Councilman Saelid seconded the motion which was carried on the following roll call vote: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None MOVED that the matter of lighting the athletic field north of City Hall be placed on the agenda for the next regular Council meeting under City Manager Items, Motion seconded by Councilman Gilb and carried on the following roll call vote: I AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None In reponse to questions Don Meyer of the Southern California Edison Com- pany said in part that the most energy efficient lighting system for parks and the like is the high pressure sodium vapor, His response to how much the cost would be for maintenance on lighting the athletic field ". he said he would have to discuss this with his area manager and would bring the information back to Council at its next regular meeting, at which time he would hope to also have figures on what the rate increase will be. -10- 5-6-80 25:0023 ADJOURNMENT TO MAY 10 8 a.m. At 11:20 p.m. Councilman Gilb MOVED to adjourn the meeting to Saturday May 10 at 8 a,m, in memory of Arthur Pelto, Mr, Pelto passed away this last week, He lived in the City for 35 years, He was born in Finland. He was a machinist for 25 years. He and his wife, Grace have lived at 2801 Winthrop Avenue, He just missed being a Charter member of the Church of the Good Shepherd and was Chairman of the Board there. He was Chairman of the Men's Club also and a member of the Rotary Club and the Rogues. He was one of our most distinguished members of the community, I d}~~K!~O Mayor ATTEST: etdt/~~~ CityGClerk I -11 5-6-80