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HomeMy WebLinkAboutJULY 15,1980 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING TRACT NO, 38362 Tentative Map APPROVED 1 HEARING DIAL-A-RlDE PROGRAM 25:0075 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 15, 1980 The City Council of the City of Arcadia, California met in a regular session on July 15, 1980 at 7:30 p.m. in the Arcadia City Hall Council Chamber. Rev, Zackery Bright, Victory Chapel City Manager Lyle W, Alberg PRESENT: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None On MOTION by Councilman Gilb, seconded by Councilman Sae1id and carried unanimously the minutes of the adjourned regular meetings of June 24 and 26, and the regular meeting of July 1, 1980 were APPROVED. OATH ADMINISTERED TO JAMES M. GREEN Arcadia Beautiful Commission Tentative map of Tract No. 38362 for a 12 unit condominium at 309-315 California Street, The Planning Director explained that the area is designated for multiple family residential and the proposed development is consistent with the General Plan and Zoning Ordi~~nce. All conditions on which to base approval were explored. Mayor Pellegrino declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Gilb and carried unanimously. It was then MOVED by Council- man Gi1b, seconded by Councilman Haltom and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds the project will not have a significant effect on the envir- onment; that the tract is consistent with the General Plan and the waste discharge would not result in violation of the existing requirements set forth in the Water Code; that the Director of Public Works be authorized to execute the subdivision agreement and that the tentative map be approved subject to all conditions. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Pursuant to the requirement of the Urban Mass Transportation Administra- tion this public hearing has been scheduled to consider the proposed appli- cation for Grant Funds. An application has been prepared by the Consul- tants in the amount of $43,000 for the past year's Dial-A-Ride operation (FY 1979-80), Mayor Pellegrino declared the hearing open and Mrs. Johanna Hofer, 875 Monte Verde Drive, said in part that the City is in need of good public transportation and suggested checking to see if an arrangement could be worked out with the School Board to utilize the large buses and small vans for school children as well as local citizens, She asked that this matter -1- 7-15-80 RESOLUTION NO, 4912 ADOPTED HEAR ING (Elec trical Code 1978) ORDINANCE NO, 1707 INTRODUCED 25:0076 be held over until staff has had an opportunity to discuss it with the School Board and the Urban Mass Transportation Administration, The Assis- tant City Manager submitted that the arrangement with the federal govern- ment clearly does not allow the City to transport any school children un- der the current regulations, Of course students may call Dial-A-Ride if they so desire, No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Gilb and carried unanimously, Dan Benson of Wilbur Smith & Associates responded to questions concern- ing how he arrived at the figures which are calculated on the strict formula established by the federal government, Whereupon Councilman Gilb, presented and read the title of Resolution No. 4912 entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE ASSISTANT CITY MANAGER TO FILE WITH THE DEPARTMENT OF TRANSPORTATION, URBAN MASS TRANSIT ADMINISTRATION, A GRANT APPLICATION FOR OPERATING ASSISTANCE FUNDS UNDER THE URBAN MASS TRANSIT ACT OF 1964 AS AMENDED FOR FY 1979-80." 1 It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text of Resolution No, 4912 be waived and ADOPTED. AYES NOES ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Building Regulations set forth in Article VIII of the Arcadia Municipal Code concerning adopting the National Electrical Code 1978 Edition, changes, additions and deletions thereto and finding therefor, The Planning Director explained that on June 3 Council had its first reading 0 f Ordinance No. 1707 relating to this and recited the sections to be amended, Consideration of a new fee schedule for electrical purposes was also pursued. He noted that the permit fees have not been increased since 1974 in the City. Mayor Pellegrino declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Saelid and carried unanimously. Councilman Dring then MOVED that the Negative Declaration be approved and filed and that Council finds that this project will not have a significant effect on the environment. Motion seconded by Councilman Haltom and carri- ed on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The Planning Director then presented and read the title of Ordinance No, 1707 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING CERTAIN BUILDING REGULATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE, ADOPTING THE NATIONAL ELECTRICAL CODE 1978 EDITION, AND WITH CHANGES, ADDITIONS AND DELETIONS THERETO AND FINDINGS THEREFOR," 1 It was MOVED by Councilman Dring, seconded by Councilman on roll call vote as follows that the further reading of Ordinance No. 1707 be waived and INTRODUCED. { Haltom and carried the full text of AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None It was submitted that the resolution on fees will be presented to Council later and will become effective on the same date the ordinance becomes law, -2- 7-15-80 ROLL CALL AGENCY CMNED PROPERTY RENTAL 1 w './". "'. y..\J !f/ 1~ J/ ADJOURNMENT to da te certain 25 :0077 Council adjourned in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Gilb, Haltom, Saelid, Pellegrino None Request of Charles S. Batterson to rent the northeast corner of Second Avenue and Huntington Drive to Hawkins Company to sell Christmas trees during December for $800 plus the license fees and sales tax. The Agency would be co-insured for liability coverage in the amount of $150,000 - $300,000 and a deposit will be made to insure that the property would be cleaned up after the rental period. This would be the same arrangement as last year, It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the request be granted subject to all re- quirements, AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The meeting adjourned to 7 p.m. July 16, 1980, COUNCIL RECONVENED AUDIENCE PARTICIPATION I Milton Bade, 63 Birchcroft Avenue, referred to his proposed five unit condominium which has been approved and expressed concern that a moratori- um may come about prior to the time that he takes out their building per- mit, He felt the approval was for a year in which to take out the permit, He was advised that as of now a moratorium is not planned. Mr, Bade then referred to developers who must pay two fees for thermal engineering.., one to the thermal engineer and then a deposit to the city who in turn sends the plans out to another thermal engineer, Two fees are involved. Herb Fletcher, 175 W, Lemon Avenue, once again referred to the proposed issuance of hospital revenue bonds by the City. He noted the amount of interest to be paid through the 30 years and said he did not see how the patients would benefit. He also felt Medicare is a questionable source of income at this time, He referred to a section of the Ernest & Whinney report in which there is reference made to inflation costs and that hos- pital costs may rise 63%. He recited a recent instance on hospital costs from a minor accident. He said the City should put some money in a fund in the event it is sued, Mrs. Johanna Hofer, 875 Monte Verde Drive, said in part that business license fees should be increased; also on rents being raised especially for the older people. She also asked that a copy of the Council Agenda Packet be placed in the Library in addition to being available in the Office of the City Clerk. The Librarian said in part that he has never had any requests for the packet. He would be willing to have it at the reference desk for the public. It was the consensus that this be given a try and if it turns out that only Mrs, Hofer requests it at the Library the t it be discontinued and remain only in the Office of the City Clerk, Mrs, Helen Fontany, 1920 S, Seventh Avenue, spoke to an expenditure in connection with purchasing material for the rubber pads at the Santa Fe railroad crossings; that it appears to her to be a misuse of public funds, She also said in part that Santa Anita Avenue is in need of resurfacing, She then referred to the rules on Council voting; also getting some pur- pose into the planning for the city so it could be a beautiful and out- standing city built after its heritage, -3- 7-15-80 TRACT NO, 37278 Final CONDITIONAL USE PERMIT LIGHTING ATHLETIC FIELD METHODIST HOSPITAL (Parking Structure Driveway) 25:0078 William Knight, 57 W. Sycamore, representing the Santa Anita Oaks Home- owners' Association, expressed appreciation to the City Council and staff for the time and attention given to their problems, At this point the City Manager read a letter from the Friedman Construction Company which was presented to the City Clerk earlier concerning R-2 require- ments and the proposed moratorium. It raised objections to the imposition of any kind of moratorium. Councilman Saelid commented in part in response to Mrs. Fontany ". that it is gas tax monies which will be used to purchase the materials for the rubber pads across the railroad tracks; that the expenditure will be for safety and endurance, And in response to his inquiry about the paving on 1 Santa Anita the Director of Public Works explained that situation. Council- man Saelid continued in part that each Councilman is doing his best to rep- resent the feeling of the community; that they are not going to agree on every issue but hopefully they will agree with most of them most of the time that they will direct the City Manager in the carrying out of the policy that is established, Councilman Haltom said in part that he has been concerned about the expen- diture for the improvement of the railroad tracks; that he could see allo- cating it for something else. That it is the obligation of the railroad company to resurface the tracks. Councilman Gilb commented that the train traffic has increased at least 100%; that the vehicular approach is very bad and is in need of improvement as a safety feature and he was strongly in favor of removing the hazard. Reference was made to the staff report along these lines, CONSENT ITEMS APPROVED final map of Tract No. 37278 for a 9 unit condominium at 855 Arcadia Avenue subject to the condition that before the final map is recorded all outstanding conditions of approval be complied with. GRANTED a conditional use permit to construct a garage and industrial complex at 136-140 St. Joseph Street, INSTRUCTED the Director of Public Works to apply for 1980-81 SB 174 (Roberti-Z'berg Urban Open Space and Recreation Grant Funds) for the Civic Center Athletic Field Lighting project and instructed the City Attorney to sign as Counsel for the City, 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 Dring, Gilb, Haltom, Saelid, Pellegrino None None 1 Council reviewed the plans and elevations for the proposed parking structure for ingress/egress driveway at the northeast corner of the hospital site onto Civic Center Drive, Richard Hachten, Administrator of the Hospital, introduced John Brown, with the firm of Neptune and Thomas, who explained drawings indicating the location of the proposed driveway which has been moved 5 feet to the west in deference to the re- quest of Council. It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the elevations and plans for the proposed parking structure and addition be APPROVED. AYES NOES ,ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -t.- 7-15-80 I TRACT NO. 36895 (Bluth Dave lopmen t) 1 25:0079 During this consideration Councilman Dring referred to a memorandum from the City Attorney concerning statements made by Mr, Richard Strong of the firm Gibson, Dunne and Crutcher, retained to advise the city on the City's exposure in connection with the proposed issuance of revenue bonds for the hospital. Councilman Gilb read the memo entoto. Also during this deliberation, in answer to a question by Mayor Pellegrino, Mr, Hachten said in part that the legal committee of the Board of Directors still has the request of the Red Cross to locate on hospital grounds under consideration, As to the possibility of a medical office building on the grounds Mr. Hachten said this is not being pursued at this time, Discussion ensued on the proposal of the hospital. . , that permission has been received from Santa Anita Race Track to use 200 parking spaces on its parking lot during daylight hours Monday through Friday exclusive of holidays ,.. that it would like approval of the installation of a temporary traffic signal to be installed at hospital expense, constructed to City specifica- tions, for employees to cross Huntington Drive .. the signal and crosswalk would be adjacent to the existing hospital emergency room, It was the con- sensus of the City Council that there must be another way to solve this problem, one that would offer more safety to the employee, Staff will check on this. Staff advised that this agenda item has been scheduled in order for those involved to be heard. It was noted that the grading permit which was taken out for the project has not been signed off and will not be until grading and drainage facilities have been constructed in accordance with the approv- ed plans .,. the City is holding a $56,000 performance bond which will not be released until all conditions have been complied with. Most of the ma- jor grading and drainage construction has been completed, remaining are some minor inconsistencies with the approved plan and these must be correct- ed by the developer, The Planning Director explored the ,areas to be correct- ed. Council received a copy of a report from the soils engineering firm of R, T. Frankian & Associates. The City had also received a report from the geologist employed by Mr. Bluth, the developer. Charles P. Bluth, 250 Oakhurst Lane, explained in detail what he had been able to accomplish during the storm periods to aid in cleaning up the mud situations, He submitted photographs which were circulated for Council review. These were taken right after the rains. Hydrology calculations showing the amount of rainfall runoff occuring before the development and after the development were explored, These were based on rainfall data published by the County Flood Control District and are based on a 50 year storm, A grading plan was also submitted for Council review identifying areas as A - the portion of land tributary to the existing house on the north side of Hillcrest Boulevard adjacent to Lot 15 and B - portion of land tributary to the property lying westerly and adjacent to Lot 1. Run- offs for these two areas were also indicated. Mr. Bluth continued in part that he would do everything he could to remedy situations caused by his development; that he is constantly watering in order for the plantation to grow as fast as possible, Dr. Frank Schoenholtz, 160 E, Sycamore Avenue, spoke in support of Mr, Bluth and told what Mr. Bluth did to correct a bad situation at his house - that he was assured that if the insurance company would not cover the ex- pense he, Mr, Bluth, would personally guarantee payment. Dr, Schoenholtz also commended the city staff on its help. Fred Lindsey, 1245 Oakhaven, told of circumstances which Mr. Bluth helped him with and of his willingness to correct problems to prevent damage. He commended Mr. Bluth on what he is endeavoring to do with an area which was practically a disgrace to the City and said the development will benefit the City as a whole. Irene Daly, 1300 Oakhaven Lane, also explained in detail what Mr. Bluth had done to repair and replace a fence, trees and patio. That when her - 5- 7-15-80 25:0080 entire house was flooded her insurance adjuster concluded that it was not Mr. Bluth's fault because of the existing drainage system and the foliage on the hill and the insurance company will take care of it. During deliberations Mr. Bluth said the areas in question were not graded, they were not touched, they were cut ... the mountain went up 120 feet and 50 feet of it was cut off... the natural slopes were not touched. Elaine Hess, 1250 Oakhaven Lane, projected slides of her property and that of the tract ... she explained each one and her endeavors to have Mr. Bluth correct the situations. Mrs. Hess asked that some statement be made as to whose responsibility it is to maintain the drain in an operating condition and also who is liable if the drain does not function as it should. The City Attorney said in part that there are too many factual issues to be de- cided ... the extent of liability cannot be determined at this time. I The Director of Public Works said in part that the drainage construction back of the Hess property conforms to the approved grading plan. The toe of the slope within the 3 foot area which is encroaching toward the rear property line of the Hess property is probably something which will have to be established. As far as the adequacy of the toe drain to handle the runoff from the slope upstream of the toe drain, it is more than adequate to handle the runoff from the slope. Of course it will not handle any drainage that is downstream of the toe drain. Councilman Haltom said in part that he thinks the City has an obligation to the people to see that their property is protected as well as an obli- gation to the developer to see that he is not overly burdened with some of the problems. That there is one thing which could be done and that is not to issue any building permits until the issue is resolved ... until it is known that the drainage is sufficient not to create the problem again. Councilman Saelid submitted in part that first of all it should be deter- mined if the City requirements are adequate - if they are it has then to be determined that the construction is done in conformity with those re- quirements and then define, if need be, who is responsible for doing the work ... that the City does not sign off a job if the work is not done in conformity with the requirements ... He continued in part that the fact that the earth has filled in beyond the 3 foot set back to the toe of Mrs. Hess' property is something that has to be corrected. Councilman Gilb said in part that someone should determine if the drain needs additional safeguards and report back to Council... perhaps there is need for more than is required and noted that Mr. Bluth has said he would be willing to do this. Councilman Dring said in part that what has happened and who is at fault is to a great extent none of the Council's business ... it is a conflict between private property owners ... that Council has an obligation to listen '" and to determine where the root of the problem might be... Joseph Washburn, 325 Hillcrest, spoke to his problem and submitted pictures I of the slope where the rain washed down grass seed planted by Mr. Bluth and took the remaining water shed with it. Marion Anderson, 1291 Oakglen, explained the problem she has been having with her fence " that Mr. Bluth has assured her he will take care of it. She also recited what occured when the drains were cleaned out... and problems with her sprinkler system and her driveway.. that Mr. Bluth has said he will take care of that also. Helen Washburn, 325 Hillcrest, said the situation most likely will occur again next winter. She also displayed some photographs and said in part she would be pleased if Mr. Bluth would clean up her place. Walter Kierstein, 1665 Alta Oaks, owner of 321 Hillcrest, said in part he appreciates what Mr. Bluth has done to maintain the water flow but he -6- 7-15-80 CONTRACT AWARD I (Slurry Seal) CONTRACT AWARD (Gutter Construction) STORM DRA IN Advertise for bids I CLAIM DENIED (Blanton) 25:0081 thinks the ditches should be a little more permanently entrenched ... that at this time it is difficult to know what is going to happen with the condi- tions that are now in evidence. Mrs. Kierstein also explained her concern and expressed appreciation for the response from the city staff and Council. Discussion ensued and it was the consensus that the recommendations contain- ed in the report prepared by R. T. Frankian & Associates as to corrective measures should be followed; that it is the responsibility of the City to to insure that the developer meets the requirements of the code. (TRANSCRIPT ON FILE IN THE OFFICE OF THE CITY CLERK). Council received the results of bids and recommendation for the 1979-80 annual street maintenance - slurry seal Job No. 499. It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the contract be awarded to the low bidder, Pavement Coatings Company, in the amount of $25,655.25; that all other bids be re- jected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to ex- ecute the contract in form approved by the City Attorney. $29,000 was appropriated from State Gas Tax Funds to cover contract costs, engineering, inspection and contingencies. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Council received the results of bids and recommendation for the construc- tion of concrete gutters Job No. 500. It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the contract be awarded to the low bidder, Sully-Miller Contracting Com- pany, in the amount of $61,323; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney. $66,000 was appropriated from State Gas Tax Funds to cover the cost of the project as well as engineering, in- spection and contingencies. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On April 1, 1980 Council approved an Agreement with Los Angeles County Flood Control District for the construction of a storm drain in Foothill Boulevard and Rancho Road .. This project, together with a storm drain in Arbolada Drive and Oaklawn Road, is in the 1979-80 Capital Improvement Project Bud- get. Plans and specifications have now been completed and have been approv- ed by the District. It was MOVED by Councilman Saelid, seconded by Council- man Haltom and carried on roll call vote as follows that the plans and speci- fications be approved and that the City Clerk be authorized to advertise for bids. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows the claim of Kris J. Blanton was DENIED. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino Councilman Gilb None -7- 7-15-80 CLA 1M DENIED (Madrid) APPOINTMENT ADJOURNMENT TO DATE CERTAIN (July 16 7 p. m.) 25:0082 On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows the claim of Juan Madrid was DENIED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On MOTION'by Councilman Cilb, seconded by Councilman Haltom and carried on roll call vote as follows Claude Hoard was reappointed to the Arcadia Beautiful Commission for a four year term. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None At 12:30 a.m., July 16 Councilman Saelid MOVED to adjourn the meeting to I 7 p.m. July 16 in memory of H. T. (Mick) Michler, who passed away July 11. "Mr. Michler moved to Arcadia in 1947 and was ~lanager of the Pacific Tele- phone office here in the City. He was a member of the Board of the Chamber of Commerce for some years. He was Chairman of the Peach Blossom Festival which was held some years ago. He was on the Board of Directors of the Red Cross. He was on the Planning Commission for a number of years and during that time he was Chairman. He was President of the Arcadia Rotary Club, servirrg as District Goverrror of Rotary. He was on the Charter Board of Directors of the Arcadia Methodist Hospital and served as its Secretary. He was also in\Olved in the fund raising project for the hospital, going door to door to raise furrds for the hospital. He had the gold shovel that was used in the ground breaking ceremony of the hospital. He was also in- volved in the fund raising for the City of Hope, a project known as Hope Sunday. He was in the Order of Masons. He was a very active Republican, particularly close with Ed Heistand. His service to Rotary and the com- munity was recognized when Rotary built the Youth Hut at Longley Way School and it was named after him. He is survived by his wife, Marnie, who now lives in Monrovia, his daughter Joyce Brown of Idylwild, his son, John, of Glendora .. seven grandchildren and three great grandchildren. In Pas- tor Hagelganz' words "If you were to describe Mick with one word, what would that word be? ... A true gentleman, loving, perfect, gallant, loyal".. I Can only describe him as a very good friend, a man who was very interested in his city and gave more than his share towards making this city a good place to live. I think that we have those same qualities on our Commissions today but Mick certainly set the standard. " ~~~~~ Mayor ATlEST: Mr4Ad ~Sr ~~A/ City Clerk I -8- 7-15-80