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HomeMy WebLinkAboutSEPTEMBER 21,1988_2 30:0221 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Sept. 6, 1988) (APPROVED) ORD. & RES. READ BY TITLE ONLY l. PUBLIC HEARING (Appeal DENIED) (Mod 88-060 -1030-1032 S.Sixth Av) (Cletus Verla to) (APPROVED) I .J\ oel. p:'-' MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 21, 1988 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:30 p. m., September 21, 1988 in the Arcadia City Hall Council Chamber. Rev. Drell J. Butler, Arcadia Community Church Mayor Pro Tern Roger Chandler PRESENT: ABSENT: Councilmembers Chandler, Lojeski and Harbicht Councilmembers Gilb and Young On MOTION by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED, Councilmembers Gilb and Young were EXCUSED. On MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED, the Minutes of the Adjourned and Regular Meetings of September 6, 1988 were APPROVED. It was MOVED by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. This public hearing pertains to a request to construct a new detached two- car garage on an R-l zoned lot which has two single-family dwellings. Because the single-family lot has two dwellings any new construction planned must have the City's approval. The modification was originally approved by the Modification Committee, subject to the conditions of approval as listed in the staff report dated July 26, 1988. The applicant appealed this decision to the Planning Commission who subsequently upheld the decision of the Modification Committee. The appellant has subsequently appealed the Commission's decision to the Council. The applicant is re- questing approval for construction of a new two-car garage with a half bathroom, laundry room and work area to be located approximately 59 feet from the rear dwelling. Both the Modification Committee and the Planning Commission felt that a two-car garage located closer to the rear dwelling unit without the bathroom, the laundry room and the work room would be more appropriate. The existing one-car garage which is attached to the rear dwelling could then be used for the laundry and work room. If the Council should decide to approve the appeal, staff would recommend that Conditions Nos. 4 and 5 in the staff report be required and that an additional condition be imposed requiring a convenant prohibiting the garage from being used as a separate dwelling unit, apartment, bedroom, accessory living quarters, guest house, rental and from containing kitchen facilities. 9/21/88 -1- o 30:0222 Councilmember Chandler inquired if there were many garages with half baths in them in the area. Staff replied that usually they see the bath in an accessory building especially when there is a pool on the property. Mayor Harbicht asked the City Attorney to explain the voting requirements since three Councilmembers are present at this meeting instead of five. The City Attorney responded that the Arcadia City Charter and the Municipal Code require three votes for ordinances and resolutions and any action order- ing the payment of money. With those types of actions, all three votes are required on the motion. As for regular motion, the general rule is that a majority of the quorum will suffice; two votes will be sufficient to pass any particular action that is based upon a motion, for example, in this first item, the public hearing, a motion is sufficient so there- fore two votes only are required with regard to any action. I Mayor Harbicht declared the hearing open. Cletus !. Verlato, 1509 Highland Oaks Avenue, owner of the property in question since 1965, stated, in part, that at that time, the property had two houses on it. The garage he wants to build is a two-car garage ... there is a small one-car attached garage to the house now... the tenant complains that it is so small he cannot get a car into it. Also, the dwelling does not have storage space and the existing laundry equipment needs to be relocated out of the kitchen area. The bathroom is for the convenience of whomever might be using the laundry facilities and also for Mr. Verlato's convenience when he is working at the property. It is also for his convenience to have storage area available for his tools. He also commented that the trash truck drivers drive to the rear of the lot to pick up the trash and, since there is no place to turn the truck around, they have to back the truck out, and on several occasions the drivers have hit the side of the house due to the narrow driveway. He thought it would be an appropriate improvement to have an area in the back for a turnaround. He remarked that he had had a metal shed where he kept his tools, but the windstorm last winter blew it down and the garage will serve additionally as a garage, laundry facility and an area to store tools. He remarked that the City also wants a building permit secured for the enclosed patio of the front house. The Director of Planning said the patio' had been enclosed and made into a room and part of the house. Mr. Verlato mentioned with regard to the suggestion of the Planning Commission that the garage was too far from the second house, that nearby houses alao had garages which were on the rear of the lots. He has a J.ot which is 290 feet deep and he would like to put the garage at the rear and thereby leave a larger back yard for the second house. He is not trying to downgrade the neighborhood. Mayor Harbicht inquired if the area proposed for the new garage was paved. Mr. Verlato replied that there was pavement only up to the fence and he did intend to pave the area, allowing room for a car turnaround. ( No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED. I Councilmember Chandler inquired of Mr. Verlato if he understood correctly that the restroom facilities in the garage were not really a big issue with him. Mr. Verla to replied they were not. Councilmember Chandler noted that the concern is, although Mr. Verlato did not have this intention, the property could change hands and a future owner might not have the same types I of concerns. The bathroom provides the opportunity for another use; there- fore don't provide the opportunity. A covenant is very hard to enforce. Mr. Verlato did however state that the laundry facilities were importa~t. Also, room for storage was important. It would not be feasible to use the present one-car garage which is attached to one of the houses for storage purposes. Councilmember Lojeski noted that he understood the problem but his problem with this is that basically this is a non-conforming use with two dwellings on the lot which is zoned R-l ... this would perpetuate a non-conforming use into a greater situation. It was noted that at one time this was a conforming use; but not at this ,time. 9/21/88 -2~ I I 2. PUBLIC HEARING (Constr'n Curbs, Gutters) Driveways - Golden West Av.-S.City Limit to Naomi Av.) (APPROVED) r\5~b 30:0223 Councilmember Chandler said since the Planning Commission did approve the building of the garage with certain conditions, such as the toilet facilities be done away with but that the owner could put in the laundry facilities. He does not have any problem with the size of the garage or with its place- ment. It was then MOVED by Councilmember Chandler that the appeal be APPROVED subject to the following conditions: 660 sq. ft. of garage be allowed; toilet facilities not to be allowed; laundry tubs to be allowed; structure allowed to be located as requested and that the building permit for the enclosed patio be secured. Also that a covenant be executed to the effect that the building not ever be allowed to be used as living quarters. Councilmember Lojeski inquired if it is appropriate to have a convenant for a building with no bathroom facilities. The City Attorney replied that it was possible to have it as a safety precaution for the future. THE MOTION DIED FOR LACK OF A SECOND. Mayor Harbicht commented that he had some concerns about the proposal and that it is important to understand that Council is taking action on a piece of property, not action for a particular owner or a particular future owner or a particular renter because these things can change. What Council takes action on is a piece of property. He has concerns about the new building being set back so far because it opens up the very real possibility that it could at some point be converted to a rental unit and make the non- conforming use situation worse. Also the requested size raises that possibility. He would also be opposed to the structure containing the bathroom. He has no problem with the plumbing facilities for the laundry facilities; but laundry facilities could be incorporated into the dimensions of the garage as approved by the Planning Commission; it is not unusual to have a laundry tub and a washer and dryer along the rear of a garage. With the placement recommended by the Planning Commission, the backout and turnaround could be just as easily accomplished in that particular spot; the amou~of paving required would be almost identical with the original plan. For these reasons, he did not second the motion. He would like to see the size of the building stay either at what the Planning Commission has approved or something very close to that. He would be in favor of modifying Condition 2 to allow laundry facilities. Councilmember Lojeski MOVED to DENY the appeal, find that the approval of MC 88-060 would not secure an appropriate improvement, prevent an unreason- able hardship, or promote uniformity of cievelopment, uphold the Modification Committee's decision and the Planning Commission's decision to APPROVE the Modification with the conditions of APPROVAL as set forth, with the exception of a minor change in Condition No. 2 to allow laundry facilities and the addition of the covenant that the structure not be used as living quarters. Motion seconded by Mayor Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Young Consideration of construction of curbs, gutters and driveways on a portion of Golden West Avenue from south City limit north to Naomi Avenue by Assessment District -- Job No. 625. The construction has been completed in accordance with the plans and specifications. Funds were advanced from the Capital Outlay Fund to pay the property ownerst share of the construc- tion cost. These funds are to be repaid to the City through assessments levied against the benefitted properties. Mayor Harbicht decla~ed the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Council- member Lojeski, seconded by Councilmember Chandler and CARRIED. 9/21/88 -3- RESOLUTION NO. 5446 (ADOPTED) f \5~1o RESOLUTION NO. 5447 (ADOPTED) 3. PUBLIC HEARING (Street Lights - Palo Alto Dr.- Golden West Av.to Magellan Rd.) (APPROVED) f\53\ 30:0224 The Director of Public Works'presented, explained the content and read the title of Resolution No. 5446, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE PAYMENT OF CERTAIN ASSESSMENTS UNDER THE IMPROVEMENT ACT OF 1911 MAY BE MADE IN ANNUAL INSTALL- MENTS (GOLDEN WEST AVENUE FROM SOUTH CITY LIMIT NORTH TO NAOMI AVENUE)". The Director of Public Works presented, explained the content and read the title of Resolution No. 5447, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE COST OF CONSTRUCTION OF CURBS, GUTTERS AND DRIVEWAYS AND ASSESSING THE COST AGAINST THE ADJACENT PROPERTY PURSUANT TO THE IMPROVEMENT ACT OF 1911 (GOLDEN WEST AVENUE FROM I SOUTH CITY LIMIT NORTH TO NAOMI AVENUE)". It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolutions No. 5446 and 5447 be and they are hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Young On September 6, 1988, City Council accepted and acted on petitions for improved street lighting along Palo Alto Drive from Golden West Avenue to Magellan Road. Notices regarding the hearing were posted on each property and published in the Arcadia Tribune. The estimated cost of the project is $15,000. The City will pay 75% of the installation cost and the property owners will pay 25% of the installation cost plus 100% of the future power and maintenance costs through annexation to' the Lighting Maintenance District. The ,City will advance the property ownerst 25% share of the installation cost from the Capital Outlay Fund which will be reimbursed to the City with 7% interest over a ten year period through the provisions of Chapter 27 of the Improvement Act of 1911. The property owners also have the option of a one- time cash payment of their share of the installation cost when project costs are confirmed. This project is categorically exempt from the requirements of the California Environmental Quality Act. Councilmember Lojeski inquired if the three properties on Magellan Road would be assessed. Staff replied that they would. Councilmember Lojeski also inquired about the two houses on Golden West and Palo Alto. Staff replied that those two properties were currently in a Lighting Maintenance District. Mayor Harbicht declared the hearing open. Christine Seller, 927 Palo Alto Drive, one of the initiators of the petition was present to answer questions, if any. Robert Snyder, 934 Palo Alto Drive, husband of Tammy Snyder, also one of the initiators of the petition, was also present to answer questions, if any. I No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that the Superintendent of Streets be AUTHORIZED to proceed with the preparation of plans and specifications for this project. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Young . -, 9/21/88 -4- 4. 5. 6. 6a. ROLL CALL I 6b. MINUTE APPROVAL (Sept. 6, 19B8) (APPROVED) 6c. ADJOURNMENT 7. 8. Ba. , I HEARING V SCHEDULED (MM 88-007- 926 Ninth) (Oct.4,1988) 30:0225 AUDIENCE PARTICIPATION None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Members Chandler, Lojeski and Harbicht Members Gilb and Young On MOTION by Member Chandler, seconded by Member Lojeski and CARRIED, Members Gilb and Young were EXCUSED. On MOTION by Member Lojeski, seconded by Member Chandler and CARRIED, the Minutes of the meeting of September 6, 1988 were APPROVED. The meeting adjourned to 5:15 p.m., October 4, 1988. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED FOR October 4, 1988 for consideration of Modification MM 8B-007 for Building Code Variances and Zoning Code Modifications at 926 Ninth Avenue (George W. Lucas). 8b. ~ IMPROV. (b q ACCEPTED the work and AUTHORIZED final payment be made in accordance PARKING with the terms of the contract with Sully-Miller Contracting, Co. for DIST. I & improvement of Parking Districts I and II (ref. staff report dated II (Job September 20, 198B) (Job Nos. 640 and 641). The project is funded Nos. 640 entirely by Community Development Block Grant funds. & 641) 8c. TRACT NO. 44956 Nicholas Ln. .SUbch\ p. \ 1r;} (fine< 8d. STREET APPROVED temporary closure for a Neighborhood Watch block party of CLOSURE Magellan Road from Balboa Drive to Palo Alto Drive from 3:00 p. m. to Block Party 6:00 p. m., Sunday, September 25, 1988, subject to the conditions listed (Magellan Rd.in staff report dated September 20, 1988. Balboa Dr. to Palo f: Pi<- Alto Dr.) I Be. ADVERTISE FOR BIDS (Tree Maint I n) (Job No. 645) ACCEPTED Tract No. 44956 for maintenance by the City - Nicholas Lane. The public improvements in Tract No. 44956, Nicholas Lane have been completed in accordance with the City requirements and conditions as imposed by the Planning Commission and the City Council. Nicholas Lane is a cul-de-sac street located on the west side of Eighth Avenue between Duarte Road and Camino Real Avenue. \I' APPROVED specifications for the contract for tree maintenance program Job No. 645 -- and AUTHORIZED the City Clerk to advertise for bids. Estimated cost is $84,225. 9/21/88 -5- 8f. WORK ACCEPTED ",,(Job No. 'I '639) 'lJ\:>' '!:J (Doug ~ \ Martin Contracting Co.) 8g. ADVERTISE FOR BIDS I 'J-3 (Live Oak \,:, Well Y Const'n) (W. O. No.677) 8h. /~WILDERNESS 'J- 'I PARK Y \ SHELTER AREA IMPROVEMENT 9. 9a. ORDINANCE NO. 1895 (CONT'D to Oct.4, 1988) 9b. RESOLUTION NO. 5445 (ADOPTED) .,r? .5,,\0 \~l f: 9c. CLAIM OF J. & C. EVANS & MERCURY CASUALTY (DENIED) . 30:0226 ACCEPTED the work and AUTHORIZED final payment be made in accordance with the terms of the contract with Doug Martin Contracting Co. for annual street maintenance -- slurry seal. A list of the streets that were slurry sealed is attached to staff report dated September 20, 1988. The final contract amount of $91,956.02 was funded by State Gaa Tax and Capital Outlay Funds for public streets. 10% retention payment becomes due and payable 35 days after the recordation of Council acceptance and will be released by the Director of Public Works on completion of all corrections of record. I APPROVED plans and specifications and Negative Declaration for Live Oak Water Facilities, W. O. No. 677. The engineerts estimate for the well construction is $225,000 which will be funded from the Water Facilities Replacement Fund. Pursuant to the provisions of the California Environ- mental Quality Act, an initial study was prepared for the proposed Live Oak Water Facilities. Said initial study did not disclose any substantial or potentially substantial adverse effect on the environment; therefore a Negative Declaration has been prepared. The City Clerk is AUTHORIZED to advertise for bids. APPROVED allocation of $1,500 to the Public Works Department in-order to purcbase supplies necessary to make the needed improvements as recom- mended by the Recreation and Parks Commission. Funds have been budgeted in the Commission Facilities Fund for this project. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER CHANDLER AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Young CITY ATTORNEY ./ Ordinance No. 1895, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EPLOYEES' RETIREMENT SYSTEM" was continued to October 4, 1988. The City Attorney presented, explained the content and read the title of Resolution No. 5445, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR PART-TIME EMPLOYEE POSITIONS (CROSSING GUARDS)". I It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5445 be and it is hereby ADOPTED. / , AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Young On recommendation of the City Attorney, the claim of J. & C. Evans & Mercury Casualty wa~ DENIED on MOTION by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski and Harbicht None Councilmembers Gilb and Y0ung 9/21/88 -6- 10. 11. LOJESKI I LOJESKI LOJESKI (Lauber) I 12. ADJOURNMENT (Oct. 4, 1988 - 5:15 p.m.) ATTEST: 30:0227 MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Inquired if it would be possible to obtain a report from the Gribble organization as to how they are coming with their leasing of the retail stores as well as what is happening with the other restaurant site. He would also like to know how the Souplantation restaurant is coming along. Staff replied that with regard to Souplantation, the principal has told them that they will sell at least one muffin by September 30 because they pledged to their stockholders that they would be open by that date. He suspected it would be open to the general public about a week after that sometime during the first week of October. In answer to the questions about the Gribble project, a memo had been sent in August; no change in the tenants proposed to be there: Kinko's, Heidi's Yogurt, Muffin Mania are still it and they are still not clear as to who the restaurant tenant or owner might be. There is a new confidential name which will be provided to Council. Referred to matter of property maintenance on property owned jointly by the owners of Acapulco Restaurant and the City owned portion of the parking lot and Santa Fe Railway. Frontage on First Avenue has been somewhat cleaned up. However, around the northern side of the lot which is St. Joseph Street, there is an old trash can and a lot of dead shrubs, branches and weeds growing on the lot. He would like it looked into. Adjourned the'meeting in memory of Harry Lauber who died Sunday of complica- tions arising from heart surgery. He was 69. Mr. Lauber was long active in civic affairs and shared in the community activities with his wife, Floretta, who as a member of the Arcadia City Council in the '70s was elected the City's first woman mayor by her Council colleagues. Harry Lauber was born in Montana and came to Sierra Madre at the age of 4. It was in that City that he would meet his future wife and later marry. The Laubers settled in Arcadia in 1956. He was for 24 years a member of the Benevolent and Protective Order of Elks and for 55 years supported the Boys' Christian League. He was also a member of the Indian Wells Country Club and the Rogues among many other organizations in the community. He was retired after many years with the Transit Mixed Concrete Co. of Southern California. Harry is survived by his wife; son, Lawrence'K. Lauber of Glendora; sister, Ethel M. McLain of Glendora and brother, Edward L. Lauber. Services were scheduled for 11:00 a. m. on September 16 at the Sierra Madre Congregational Church in Sierra Madre. The family requested that memorial contributions be made to the American Heart Association. Being a personal friend of the Laubers and knowing Harry... the man was in ill health for quite a few years ... it will certainly be a loss for the City of Arcadia to lose such a fine friend as Harry Lauber. The meeting to be adjourned 1n his memory. City Council adjourned at 8:20 p. m. to 5:15 p. m., October 4, 1988 in the Chamber Conference Room to conduct the business of the Council and Agency and any CLOSED SESSION, if any, necessary to discuss personnel, litigation and evaluation of properties. /~~~ R. C. Harbicht, Mayor 9/21/88 -7-