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HomeMy WebLinkAboutOCTOBER 7,1980 C1TY COUNCIL PROCEEDING~ ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0131 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA a nd the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 7, 1980 I """m", The City Council of the City of Arcadia, California met in a regular session on October 7, 1980 at 7:30 p.m. in the Arcadia City Hall Coun- cil Chamber. James Raymond Harvey read a poem he authored entitled "PRAYER TO A FRIEND". PLEDGE OF ALLEG IANCE Kelvin Mason, Executive Director of the Arcadia Chamber of Commerce ROLL CALL PRESENT: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None PRESENTATIONS Mrs. Lorraine Neufield was presented with an award in appreciation and gratitude for her courage and actions which undoubtedly saved the life of a complete stranger on August 29. The stranger was observed on the outer edge of the 8th floor of a local medical building and being un- successful in obtaining assistance from others in the building Mrs. Neu- field went up to the area and convinced the stranger not to jump and then escorted him to the main floor and waited until the police and fire departments arrived. The Police Chief made the presentation with Captain Neil Johnson explaining the entire incident. City Clerk Christine Van Maanen was presented with a plaque from the City Council in recognition of her thirty years of service to the City. She was also presented with a framed copy of the poem read at the open- ing of this meeting by James Raymond Harvey and signed by the City Coun- cil and Management personnel. Mayor Pellegrino explored Mrs. Van Maanen's background and various capacities in which she has worked for the City dur- ing the years. Mrs. Van Maanen expressed appreciation for the gifts and thanked the Councilmen for their thoughtfulness. The City Council then adjourned in order to act as the ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: ABSENT : Members Dring, Gilb, Haltom, Saelid, Pellegrino None I ADJOURNMENT October 14 The Agency then adjourned to 7 p.m. October 14, 1980 in the Conference Room. RECONVENED AUDIENCE PARTICIPATION On behalf of the Italian Catholic Federation Branch 218 of Arcadia, Ed Iarossi invited the City Council to attend a musical "America in Song" to be presented October 18 at the Monrovia High School Auditorium by the Grand Land Singers. -1- 10-1-80 25 :0132 Chris Mcquire, 1129 Wilson Avenue, representing the local Chamber of Com- merce, presented results of a survey they had taken as to whether or not the business ~embers favored a hotel complex in the redevelopment area. Resul ts were 317 responses, 296 in favor, 16 'no I and 5 did not. indica te a preference. The returns were filed with the City Clerk. John Thomasset, President of the West Arcadia Business and Professional Association, read a resolution unanimously passed by the Board of Directors on September 30 "Be it resolved to support the concept of a hotel complex in the redeve lopmen t a rea. II Terry Goins, 73 E. Duarte Road, President of the Arcadia Business Associ- ation, submitted a background of the Association which has a total member- ship of 129 consisting of professional and retail businesses in the rede- I velopment area. It was felt by the Association that the present City Coun- cil can guarantee the high quality in the standard of living by advancing forward with the hotel complex. He asked the City Council to carefully study the project and consider the benefits and advantages it would have for all the citizens in the years ahead. Herb Fletcher, 115 W. Lemon Avenue, made reference to the action recently taken by the City Council on the request of the Bowling Lanes for permis- sion to serve hard liquor on the concourses - that in giving the matter more thought he thinks the Ccuncil should consider the entire business of serving alcoholic beverages and the sale of liquor ... that if it is of- fensive to persons in a bowling alley it might also be offensive in a res- taurant :. that the abuse of alcohol causes the police department many pro- b lems . Mrs. Johanna Hofer, 875 Monte Verde Drive, was advised that she would be permitted to speak to some of the agenda items which were not scheduled as public hearings. Mrs. Hofer then referred to the smog and felt someone should investigate to ascertain whether or not the extra school busing in progress in Los Angeles is contributing to the condition. Wayne J. Hart, 151 Bonita, read a communication addressed to the City Man- ager, asking that certain Arcadia Municipal Code Sections concerning traf- fic regulations, as they relate to overnight parking, be repealed. Mr. Hart said in part that this is in the interest of justice pursuant to a decision made by the Santa Anita Municipal Court dated September 10, 1980, Case Number AR 129024 State of California presided over by Commissioner Neiby wherein the Court found the streets of Arcadia are improperly posted to enforce the ordinances. It was MOVED by Councilman Gilb, seconded by Councilman Saelid that the communication be. directed to the City Attorney for report back. The City Attorney said in part that the City did not have an opportunity to be repre- sented in the action to which Mr. Hart refers; that the first his office knew of the matter was in the newspapers... that he had been a1vised that Mr. Hart had received a citation on a truck route and the Commissioner's position was as to truck routes. His report to the Council will further indicate the position of the Court on this matter and particularly the Judge of the Court, Judge Saunders. The motion passerl unanimous ly. Councilman Dring asked if it were possible he would like a copy of the Judge's opinion in this case. I Bill Connelly,. Chairman of the Redevelopment Project Area Committee, sub- mitted a brief background of the Committee and its purpose. He said in part that at the last meeting of the Committee a motion was passed to approve the concept of a good hotel in the redevelopment area. He mention- ed the length of time the subject has been under consideration and felt it is time to actually get started.. what with the many steps entailed in bringing such a project to fruition. -2- 10-7-80 HEARINGS SCHEDULED October 21 I WORK ACCEPTED LIGHTING MAINT. DIST. ANNEX. 10 WORK ACCEPTED DANCE PERMIT DANCE PERMIT REMOVED FROM CALENDAR I DIAL-A-RIDE OPERATION PROTEST BY YELLOW CAB (see transcript) 25 :0133 CONSENT ITEMS Best Disposal Company request for an increase in residential refuse col- lection rates. OCTOBER 21. Tentative map of Tract No. 40892 - 6 unit condominium - 25-31 E. Colorado Boulevard. OCTOBER 21. Tentative map of Tract No. 41006 - 12 unit commercial condominium at 805 W. Duarte Road. OCTOBER 21. Tentative map of Tract No. 40180 - 13 lot subdivision at 616-624 West Camino Real and 623-632 W. Norman Avenue. OCTOBER 21. Appeal from the decision of the Planning Commission in its denial of a modification request at 229 W. Floral Avenue. OCTOBER 21. ACCEPTED work performed by Pavement Coatings Company in the 1919-80 Street Maintenance Program - slurry seal. Final payment AUTHORIZED pur- suant to the terms of the contract. RECEIVED the Director of Public Works' communication concerning Annexa- ti on No. 10 to the Lighting Maintenance District. Report to be filed with the City Clerk prior to the regular meeting of November 4. ACCEPTED work performed by Electrend, Inc., in the traffic signal modi- fication at Baldwin Avenue and Duarte Road. AUTHORIZED final payment pursuant to the terms of the contract. APPROVED request by the Drinkers Hall of Fame for renewal of it's dance permit. 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 Dring, Gilb, Haltom, Saelid, Pellegrino None None Request for renewal of the dance permit for Pellegrino's Restaurant, now under new ownership and management. Discussion ensued and it was the con- sensus of the City Council that the conditions under which the Review Board approved the request should be complied with prior to the issuance of the ?ermit. It was then MOVED by Councilman Gilb, seconded by Council- man Haltom and carried on roll call vote as follows that this item be re- moved from calendar until such time as the requirement of Code have been met and then resubmitted for consideration. AYES NOES ABSTAIN: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid None Mayor Pellegrino None COMPLETE TRANSCRIPT OF THE FOLLOWiNG PROCEEDINGS IS ATTACHED AND IS IN- CORPORATED HEREIN BY REFERENCE. SUMMARY - At the September '16 regular meeting the City Council considered three proposals submitted for the operation of the Arcadia Dial-a-Ride system. Following review of the staff report and presentations by repre- sentatives of the three companies Council directed staff to negotiate a contract with the Community Transit System, Inc. Subsequently a protest was filed by the Yellow Cab Company of San Gabriel Valley regarding the selection of an operator for the system and the City Council was asked to reconsider its previous action and to award the contract to the Yellow Cab Company as the lowest responsive bidder. The Assistant City Manager re- -3- 10-1-80 PROJECTS ELDERLY HOUSING GRANT FUNDS APPROVED LIBRARY PARKING LOT PAVING APPROVED 25 :0134 sponded to the protest and the City Council, on MOTION by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that Council reaffirm its intention to negotiate a contract with Community Ttansit Systems, Inc. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Pursuant to the request of the City Council the Planning Director submit- ted three Community Development Projects Summaries which total $330,000. They are: 1. Acquisition of real property ($295,000) for the construction of low income housing for the elderly and handicapped. I 2. Preparation of a community housing needs study ($10,000) to determine the housing needs of households residing within the City and within the general housing market area. 3. Administration and management of the above projects and prepar- ation of 1982-83 Community Development Block Grant Application ($25,000). (See detailed report dated October 7 and on file in the office of the City Clerk). It was MOVED by Councilman Haltom, seconded by Councilman Gilb and carried on roll call vote as follows that the specified projects be APPROVED and that staff be directed to submit the projects to the Los Angeles County for inclusion in its application. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None In speaking to the above item Mrs. Johanna Hofer, 875 Monte Verde Drive, said in part that according to the staff report only 21 persons had attend- ed the two meetings held for public input - she did not think that was much of a showing. Councilman Gilb responded in part that those in atten- dance were representing various organizations and groups and they did not feel it necessary to bring out all of the senior citizens in the community. He noted that the issue had been favorably voted on by the people on June 3. Library Parking Lot resurfacing. This work would involve the resurfacing of the north and south parking lots as well as the west bay and connecting roadway of the west parking lot. As an optional item it is proposed that the two easterly bays of the westerly parking lot be included if the funds a~e adequate for the entire job. Staff recommended that the work proceed as it is anticipated costs will be higher next year primarily due to infla- tion. It was MOVED by Councilman Saelid, seconded by Councilman Gilb that the plans and epecifications be approved and that the City Clerk be author- ized to advertise for bids. In response to a question by Councilman Dring as to whether or not it would I be detrimental to delay this paving for a year the Director of Public Works said in part it could be put off but it. will cost more and that funds for this work are budgeted for this year... and in the interest of providing a first class parking lot to serve the public library the project should p~oceed at this time. He noted that this is part of the annual street main- tenance program. Councilman Haltom said in part that he would rather put it off for another year and use the money earmarked for this project for resurfacing some of the deteriorated streets which are concerned with safety rather than just for parking cars. -4- 10-1-80 I ORDINANCE NO. 1711 INTRODUCED HEARING OCTOBER 2l EISENHOWER PARK PAVING to be com- bined with LIBRARY PROJECT Advertise Ifor bids EQUIPMENT PURCHASE Vehicle public Works 25 :0135 Reference was made to a report which is being prepared - as to the current conditions of streets and what kind of upgrading will be necessary. Council- man Dring submitted in part that Council might entertain the thought of de- laying this until the report is completed to see what the impact is .. that he has been over the parking lot and it is not super serious but if the funds could be more appropriately spent on the streets because of damage from the rains - that would seem to him to be a better allocation of prior- it ie s . Councilman Saelid submitted in part that he does not like to see the City's parking lots deteriorate and that the annual maintenance program makes sense to him.. that in a year the problem will be more severe and the cost probably be significantly greater. Councilman Gilb said in part that he visited the parking lot and it does seem to be getting considerably more use these days which is probably due to the fact that libraries in other areas have been closed - that the parking lot appears to be in bad shape and that these should be kept up. The receipt of a recommendation from the Library Board to proceed was made part of the record. Roll call vote was then taken on the motion to proceed AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None The Planning Director explained that the State adopted the Uniform Plumb- ing Code on December 31, 1979 and local jurisdictions have one year in which to adopt the Code with any local amendments. A public hearing is required and October 21 was scheduled. Whereupon he presented for the first time, explained the content and read the title of Ordinance No. 1711, entitled: '~N ORDINANCE OF THE CITY OF ARCADIA AMENDING CERTAIN BUILDING REGULATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE, ADOPTING THE UNIFORM PLUMBING CODE 1979 EDI- TION, AND WITH CHANGES, ADDITIONS AND DELETIONS THERETO AND FINDINGS THERE- FORE." It was MOVED by Councilman Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1711 be waived and INTRODUCED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On recommendation of the Director of Public Works it was MOVED by Council- man Dring, seconded by Councilman Haltom and carried on roll call vote as follows that all of the bids received for the Eisenhower Park Paving Job be rejected and that the job be readvertised with the Library Parking Lot Project in order to take advantage of a possible price break due to increas- ed quantities. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Staff reported on bids received for the purchase of one four-door sedan for the Department of Public Works and recommendation was made. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that a 1981 Malibu four-door sedan be purchas- ed from Mission Chevrolet for $7,413.62. Funds are in the Equipment Re- placement Account in the amount of $8,500. (Communication to go to Hunt- ington Ford in this regard). AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None - 5- 10-7-80 STREET LIGHTING (Colorado) November 4 EQUIPMENT PURCHASE (Fire Hose) APPROVED EQUIPMENT PURCHASE (Truck) APPROVED TRANS IT CONSULTANT SERVICES October 21 CLAIM REJECTED (Smith) CLAIM REJECTED (Brzozowski) 25: 0136 Staff advised that a petition has been received from property owners abutting Colorado Boulevard between Second and Fifth Avenues requesting installation of a street lighting system. Installation would be accomplish- ed at no initial cost. The benefitted area would be annexed to the Consol- idated Lighting District and would be assessed $.1124 per $100 of land value. Whereupon the City Council accepted the petition and scheduled a public hearing for November 4. This 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 Staff advised on the bids received for the purchase of 2000' 4" hose, couplings and nozzles for the Fire Department and made recommendations. Whereupon it was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the hose and couplings be purchased from Halprin Supply Company in the amount of $11,013.18 and the nozzles from Wardlaw Fire Equipment Company in the amount of $3,971.29 - total amount of $14,984.47. Funds are in the 1980-81 Federal Revenue Sharing Account. I AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Staff advised on the bids received for the purchase of one Ford Courier Truck (mini) and made recommendations. Whereupon it was MOVED by Council- man Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the truck be purchased from the low bidder Board Ford, Whit- tier, in the amount of: $6,054.61; that the other bids be rejected. Funds in the Equipment Replacement Account for 1980-81 in the amount of $6,000. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Council received and considered a proposed amended agreement with Wilbur Smith & Associates (transit consultants) for additional work necessitated by additional federal requirements and funding opportunities. The consul- tants are requesting an additional per diem fee of up to $5,000 and a fix- ed fee of $2000. Reasons for the request were explained by the Assistant City Manager (set forth in staff report dated October 2, 1980). The con- sultants have already completed a portion of the work due primarily to the short .deadlines involved. The additiotml work will make the City eligible for an additional $35,000 of State and Federal funds. Mrs. Johanna Hofer, 815 Monte Verde Drive, expressed. concern that the City would be giving a blank check to the consultants by amending the agreement. Discussion ensued and it was the consensus of Council that it would like additional information concerning the fees and staff submitted that they I wou ld contact Mr. Benson of Wilbur Smith & Associates in this regard. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried unanimously that this matter be TABLED until the next regular meeting (October 21). On MOTION by Councilman Gilb, seconded by Councilman Dring and carried on roll call vote as follows the claim of Roland E. Smith was REJECTED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On MOTION by Councilman Dring, seconded by Councilman Saelid and carried on roll call vote as follows the claim of Frank J. Brzozowski was rejected. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -6- 10-7-80 PORNOGRAPHIC MATERIAL I ORDINANCE NO. 1712 INTRODUCED SAELID DRING SAEL ID I 00'" GILB 25:0137 The City Attorney addressed an ordinance which would require books, maga- zines and other publications containing explicit'material to be sealed or covered in city businesses open to minors when they are unaccompanied by a parent or guardian. This ordinance is identical. to that adopted by the County on obscenity and pornography but it does not apply to newsracks. He recommended that an ordinance (No. 1712) which was submitted to Council and prohibits all lewd material from sale or distribution within the entire City be introduced in lieu of the 'sealing' ordinance. .., It was MOVED by Councilman Dring, seconded by Councilman Saelid and carried on roll call vote as follows that the ordinance requiring sealing be 'TABLED indefinite 1 y. AYES NOES ABSENT: Councilmen Dring, Gilb, Saelid, Pellegrino Counc ilman Ha 1 ton None Wheret,pon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1112 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARTICLE IV, CHAPTER 2, PART 3 OF THE ARCA- DIA MUNICIPAL CODE BY ADDING THERETO DIVISION 4 DECLARING THE COMMERlCAL EXPLOITATION OF LEWD MOTION PICTDrlli FILMS AND LEWD PUBLICATIONS TO BE CONTRARY TO PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE, AND A PUBLIC NUI- SANCE PER SE; MAKING ALL LEWD MATTER AND PUBLICATIONS POSSESSED IN SUCH PLACES A PUBLIC NUISANCE PER SE; PROVIDING FOR NOTICE AND LEGAL PROCEED- INGS TO ABATE THE SA~m; AND PROVIDING A PROCEDURE FOR ASSESSMENT AND COLLECTION OF COSTS OF ABA TE~mNT. " It was MOVED by Cooncilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1712 be waived and INTRODUCED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Recalled that recently two of the City's Reserve Officers in the Police Department were honored by the State Reserve Officer's Association, name- ly, Emile Moldovan and Mike Daleo. There were only 6 awards given and 2 were from Arcadia. He suggested that the officers be similarly recognized and that appropriate commendations be prepared for presentation to them in recognition of service to the community. Brought up the subject of race track admissions tax. pared by staff and submitted to Council by October 21 could then be scheduled or call for the question at a Report will be pre- .,. a study session subsequent .meeting. Referred to the need to discuss problems which occur during the July-.4 fireworks display a t the County Park. Study session will be. scheduled- on this also. Discussion held on the repeal of the sewer service charge -.also on the possibility of a need for a bond issue should something happen to the sys- tem in the future. Inasmuch as staff is currently gathering recording data on sewage flows at various locations which it is hoped will. be. com- pleted by the end of the year ... it was the consensus of a majority of Council Members that the repeal of the sewer service charge should not .be considered until the study has been completed and submitted. In .the mean- time staff will prepare a progress report and some reasonable estimate from the consultant as to when they hope to complete it .. they are now making their flow measurements. Counc ilman Gilb sa id he would like to adjourn the mee ting "in memory of Philip. Brown Davenport who passed away the other day from a heart attack. He had been a resident of Arcadia since 1968 and had held every office in the Arcadia Republican Club, he was a Boy Scout Leader and a member of the - 7- 10-7-80 EXECUTIVE SESSION ADJOURNMENT 25:0138 Vestry of his Church. - At the time of his death he was President of the Arcadia Toastmaster's Club; Supervisor of the telethon center of World Vision, Vice President of the Arcadia Welfare and Thrift Shop. He was on the advisory committee for the Senior Citizens and had. received a plaque of appreciation from the Mayor of Arcadia for his work with the Senior Citizen's Group. He was a volunteer for Meals on Wheels and a former military man having served in World War II. Mr Davenport is sur- vived by his wife, Charlotte, and three children, Philip, Kurt and Timo- thy." Councilman Gilb asked the Council to adjourn the meeting in memo- ry of Mr. Davenport, a fine citizen of the community. So moved by the City Council. Council entered an executive session at 10 p.m. Reconvened and adjourn- ed immediately thereafter in memory of Philip Brown Davenport to Tuesday October 14 at 7 p.m. in the Conference Room. Mayor ATTEST: a:~~~~ City Clerk -8- 10-1-80 I I