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HomeMy WebLinkAboutDECEMBER 6,1983_2
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE .OFFICE'OF THE CITY CLERK
25:0845
I INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTES
APPROVED
READ ORD. &
RES. BY TITLE
ONL Y
1.
PUBLI C
HEARING
412-41'8 E.
Huntington
Drive
I
Precise Plan
Approved
1 j. Lf-
}-CJ
?/} y
\ (110
J-of
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
DECEMBER 6, 1983
The City Council and the Arcadia Redevelopment Agency met in a regular
session December 6, 1983 at 7:30 p.m. in the Arcadia City Hall Council
Chambers.
Rev. Thomas Cherry, Christian Center of Arcadia
Councilman Jeffrey A. Dring
PRESENT: Councilmen Dring, Hannah. Pellegrino, Lojeski
ABSENT: Councilman Haltom
On MOTION by Councilman Dring, seconded by Mayor Lojeski and carried
Councilman Haltom was EXCUSED.
On MOTION by Councilman Dring. seconded by COt./ncilman Pellegrino and
carried the minutes of the adjourned and regular meetings of'November
15, 1983 were approved.
It was MOVED by Councilman Hannah, seconded by Councilman 'Dring and
clrried :nat the ordinances and resolutions be read by title only..'
Consideration of Precise Plan Review 83-2 for a 46,010 sq. ft. office
building at 412-418 E. Huntington Drive. The Planning Commissic.n found
that the project would be consistent with the General Plan and adheres
to the provisions of the CPD-l zone. This hearing is required,
I ;.:
On Augu5t 16, 1983 the Arcadia Redevelopment Agency entered into.a.Dis-
position ar,d Development Agreement with Larmor Development Company' for
the constru.;tion of said building which development will complY wi,th.
the off-street parking requirements and exceeds the required setbacks
from property 1 ines and. area used for landscaping. Conditions of ap-
proval were set forth in staff report dated December 6, 1983.
Mayor Lojeski declared the hearing open and James Nantes, Vice President
Larmor Development Company, 1475 S. State College St., Anaheim, asked
Council to l~prove the subject development. .
Some discussion held on the possibility of a restaurant being incorpor-
ated into the development and staff exrlained that when the Disposition
and Development Agreement was considl!red it was found that such a facil-
ity coul d not go on the site. Renderings of the project were reviewed.
No one else desiring to be heard the hearing was tLOSED on' MOTION by
Councilman Dring, seconded by Councilman Hannah and car'ried. It was
further MOVED by Councilman Dring, seconded by Councilman F'ellegrino
and carried on roll call vote as follows that the Precise Plan be ap-
proved subject to all conditions listed in the staff report.
AYES:
tlOES:
A8SENT: .
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
-1-
12~6-83
2.
PUBLIC
HEARING
Lot Division
DENIED
S \.;1
\ D1 ~
?y
25:0846
On October 11, 1983 the Planning Commission on a 6 - 0 vote approved
the request for a Parcel Map 83-7 to create two lots from one lot at
300 Fairview Avenue. The approved modification would permit a lot
width of 90' in lieu of 100' required for proposed Lot 2 which would
front on Park Avenue. Lot 2 exceeds the minimum lot depth and area re-
quirements and the Commission felt that the 90' lot frontage was consis-
tent wi~h lots fronting on Fairview Avenue and Duarte ~oad.
Mayor Lojeski declared the hearing open and Duane Tourtellotte applican!,
said in part that he would like to build on the corner lot.. both lots
would comply with the Municipal Code as far as setbacks and sideyards
are concerned. He asked for and received permission to speak in rebuttal
following any objections. .
I
Speaking in opposition: Marice Marsden, 310 Fairview Avenue, said in
part that the area is zoned R-O and is all developed with homes which
are uniform in :,ize and value. She felt that with the requested lot
split there wouid be two substandard lots.. each only a little more.
than half the size of the others in the area. She said a petition had
been signed and that a majority should prevail.
James Harrington, 531 Fairview Avenue, realtor, said in part that in',
his opinion a lot split would remove the estate quality which the
neighborhood has enjoyed for some time.. it would also remove the
saleability and valuation.
.Christine Lopez, 930 Park Avenue, said in part that residents on Park'
and Fairview Avenues are quite concerned with the quality and appear-
ance of the neighborhooq.. they cherish the R-O zoning which keeps the
lots large with one dwell ing on each. She felt Mr. Tourtellotte is
asking for something the existing City laws prohiqit. She mentioned:
in part regulations for which she feels the applicant has shown a dis-
regard and submitted examples.... dumping excavation dirt in front and
back of his home.,. presumably from pools he has or is constructing...
parking his commercial vehicle in a residential zone... parking cars
on the front lawn. She concluded by asking Council to consider the
expressed opposition.
In rebuttal Mr. Tourtellotte said in part the dirt dumped on the prem-
ises was for the purpose of building a mount in the front and plant
grass.. and to fill the pool in the back for which he obtained a permit..
as to the car parking on the lawn he said that is true he has from time
to time parked trucks there but this has been discontinued. He. then
submitted photographs of homes adjacent to his that he said had some
violations. He felt the opposition has changed since the meeting before
the Planning Commission - that now it is because they do not feel the'
lot would be wide enough. He noted that ten years ago the same people
signed in favor of a lot split to create an BO foot lot.
Pat Grannis, 318 Fairview Avenue, said that one of the pictures is of'
her home with the car parked on the front lawn - there is a new driver
in the family and also her husband is a surgeon anq called out at all'
hours. '."
I
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Councilman Hannah and carried.
During the ensuing consideration Councilman Hannah asked if the appli-
cant had been cited previously for infractions and staff responded in
part that the Code Enforcement Officer had corresponded with Mr. Tour-.
tellotte with respect to some of the violations noted this evening but
in the main they had been corrected, however, some violations did re-"
peat... as to how many times he could not say.
It was MOVED by Councilman Hannah, seconded by Councilman Dring and '. .
carried on roll call vote as follows that the proposed lot split is
not appropriate and that 'the appl ication be denied based on the fact:
-2-
12-6-83
3.
PUBLIC
HEARING
CHURCH
141 W. LAS
TUNAS DRIVE
DENIED
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f"~ .
\ \.'
25:0847
that the resultant parcel would contain less than required by any appli-
cable provisions of Article IX of the Arcadia Municipal Code.
AYES:
NOES:
ABSTAIN:
AB SEtlT :
Councilmen Dring, H.annah, Lojeski
None
Councilman Pellegrino, due to the fact that he owns
property near the subject area.
Councilman Haltom
Consideration of an appeal to Planning Commission Res. No. 1245 denying
Conditional Use Permit (CUP 83-16) to allow a church use for property
at 141 W. Las Tunas Drive. Be it noted that at the October 18th Council
meeting the CUP was tentatively approved subject to a revised plot plan
indicating 9 parking spaces. Due to Council's concerns regarding park-
ing and the size of the proposed use in relation to the subject property,
concern was also expressed regarding the ability to limit the CUP to this
applicant's proposed use and to properly police and enforce the conditions.
Hence no final decision was rendered and any final decision was to be only
on Council's adoption of a resol ution with findings and conditions. Coun-
cil determined on November 15 to reopen the public hearing and it was
scheduled for this date.
The hearing was declared open by Mayor Lojeski and speaking in favor were
the applicant's attorney, Henry S. Barbosa, Johanna Hofer, 875 Monte Verde
Drive; and upon the closing of the public hearing discussion ensued fol-
lowing which it was MOVED by Councilman Hannah, seconded by Mayor Lojeski
and carried on roll call vote as follows that Council uphold and affirm
the decision of the Planning Commission for denial of the Conditional Use
Permit B3-16 for the operation of a church and church related activities
at 141 W. Las Tunas Drive and that the City Attorney be directed to pre-
pare the requisite findings reflecting the Council's decision.
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
It was further MOVED by Councilman Hannah, seconded by Mayor Lojeski and
carried on roll call vote ~s follows that an actual transcript of the
recording of this meeting be made part of the official record.
AYES; ,
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
TRANSCRIPT FOllOWS:
-3-
-;J
"
12-6-83
~
4.
PUBLI C
HEARING
SWIMMING
POOL FENCE
NOT REQUIRED
2073 Carol-
wood Dr.
ef~
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PERSONNEL
BOARD -
CLASSIFI-
CATIONS
APPROVED
b I'
)0 $5.
() . \ Cl
il'\ . V
25 :0848
Consideration of a request for a variance on pool fencing at 2073.Carol-
wood Drive. Staff advised that the applicants, Mr. and Mrs. R. A,'Palmer,
are requesting that the additional fencing not be required to fence off
the northerly portion of their site because the majority .of their rear
yard and the land to the north of the site is undeveloped and mountainous
with steep slopes which preclude access to the site from the north. Prop-
erty on one side is elevated and the other lower by about '12 feet. In
response to a question by Councilman Hannah staff 'said .in part that due
to the nature of the terrain behind the property it would be easier to
a person to just walk in and unlatch the gate than it would be to go up
the 60 foot grade behind the property, '
Mayor Lojeski declared the hearing open and the applicant, Richard A.
Palmer, presented himself for any questions and said in part that if
someone were to try to climb the hillside to get into the yard it would
be a lot easier just to climb over the fence in front of the house.
No one else desiring to speak the hearing was CLOSED on MOTION by' Council-
man Dring, seconded by Councilman Pellegrino and carried. It was further
MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried
on roll call vote as follows that based on the overall topography of the
subject area and the inaccessibility of the pool area from the northerly
portion of the site, the public safety would not be jeopardized by grant"
ing the variance, hence the request is approved and the additional'fencing
not be required to fence off the northerly portion of the subject site.
AYES;
NOES;
ABSENT:
.Councilmen Dring, Hannah, Pellegrino, Lojeski'
None
Councilman Haltom
The recommendation of the Personnel Board for 8 revised class specifica-
tions were APPROVED on MOTION by Councilman Dring, seconded by Councilman
Hannah and carried on roll vall vote as follows: The revised classifi-
cations are all positions in the Public Works, Engineering and Equipment
Service Divisions:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
JOINT MEETING OF THE ARCADIA CITY COUNCIL/ARCADIA REDEVELOPMENT AGENCY
6a.
ROLL CALL
6b.
MINUTE
APPROVAL
6c 1.
RESOLljTION
NO. 5152
ADOPTED t- q
q1
f / I d-
:"
PRESENT: Members Dring, Hannah, Pellegrino, Lojeski
ABSENT: Member Haltom
On MOTION by Member Dring, seconded by Chairman Lojeski and carried the
minutes of the regular meeting of November 15 were APPROVED.
Following consideration of the sale of city owned land to the Agency to
facilitate the development of Fifth and Huntington Councilman Dring
presented, read the title of Resolution No. 5152 entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARCADIA AGREEING TO SELL THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF FIFTH AVENUE AND HUNTINGTON DRIVE FOR
$86,500.00 AND TO SELL THE NORTHERN 50 FEET OF THE NORTHEAST PORTION OF
THE CITY MAINTENANCE YARD (25 SOUTH FIFTH AVENUE) IN EXCHANGE FOR THE
SOUTHERN PORTION OF THE ARCADIA REDEVELOPMENT AGENCY-OWNED PROPERTY AT:
412 EAST HUNTINGTON DRIVE AND $10,000.00 TO THE ARCADIA REDEVELOPMENT
AGENCY FOR PURPOSES OF REDEVELOPMENT." and MOVED for its adoption.
Motion seconded by Councilman Hannah and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Dring, Hannah, Pellegrino, Lojeski
Counc il men
None
Counc il man
Haltom
-4-
12 -6~83
6c2.
A R A
RESOLUTION
NO. 73.
ADOPTED /../
'1+
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Y ,
I
8a.
FALZONE
DEVELOPMENT
DECEMBER 20
8b.
DESIGN REVIEW
Avis Car
Ren ta T
r~1
y'\
Bc.
IANN~~~t:EPORT
Requirement
APPROVED
J-Cf1
f,i
8d.
HOMETELS
WITHDRAWN
?-!j1 i
f) J'~l-l
25 :0849
Member Dring presented, read the title of ARA Resolution No. 73 entitled:
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AGREEING
TO BUY THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FIFTH AVENUE AND
HUNTINGTON DRIVE FOR $86,500.00 AND TO BUY THE NORTHERN 50 FEET OF THE
NORTHEAST PORTION OF THE CITY MAINTENANCE YARD (25 South Fifth) IN EXCHANGE
FOR THE SOUTHERN PORTION OF THE ARCADIA REDEVELOPMENT AGENCY-OWNED PROPERTY
AT 412 EAST HUNTINGTON DRIVE AND $10,000.00 FROM THE CITY OF ARCADIA FOR'
PURPOSES OF REDEVELOPMENT." and MOVED for its adoption. Motion seconded
by Member Hannah and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Members Drino, Hannah, Pellegrino, Lojeski
None -
Member Haltom
Council recessed in order to act as the
ARCADIA REDEVELOPMENT AGENCY
Due to the lack of a quorum the proposed Exclusive Right to Negotiate
with Falzone Development Company for the First and Huntington site was
CONTINUED TO DECEMBER 20.
Grand Arcadia (Avis Rent-A-Car) is requesti~g approval of the design pro-
posed for 112 N. First Avenue. The site plan was reviewed earlier. The
proposed improvements were considered and no changes in parking are pro-
posed. It was felt that remodeling would add to the aesthetic quality
of the property and business operated at the site. It was MOVED by Member
Dring, seconded by Member Pellegrino and carried on roll call vote as
follows that approval be granted pursuant to the following conditions:
1. Any mechanical equipment (heating and air condition units) to be in-
cluded in the work shall be screened.
2. The site where the garage structure and automobile hoist are removed
shall be left as smooth concrete or asphalt. An exposed foundation
or bare dirt is not acceptable.
3. Colors used shall remain consistent with the color renderings submit-
ted to the Agency for the Design Review. Any changes in color scheme
must first be approved by' the Planning Department.
AYES:
NOES:
ABSENT:
Members Dring, Hannah, Pellegrino, Lojeski
None
Member Ha ltom
The Agency received the FY 1982-83 report required by the State Redevelop-
ment Law - Housing and Community Development Department. It contains the
annual audit, a review of the previous year's achievements, a listing'of
goals and objectives for the coming year, recommendations for needed. re-
development legislation and a description of the activities affecting
housing and displacement.
It was MOVED by Member Dring, seconded by Member Pellegrino and carried
on roll call vote as follows that the Agency approve the FY 1982-83
report and transmit same to the State Department of Housing and Community
Deve 1 opmen t.
AYES:
NOES:
ABSENT:
Members Dring, Hannah, Pellegrino, Lojeski
None
Member Haltom
The agenda item concerning the design review of proposed signs for Home-
tels Hotel Development at thll"Huntjngton and Second site was WITHDRAWN
-5-
1 2-6-83
8e.
ARA BY-LAWS
AMENDED RE.
SECRETARY
COMPENSATION
~q1
f "I .
8f.
ADJOURNMENT
DECEMBER 20
9.
/
/
/
/
25:0850
. at the request of Homete 1 s.
It was MOVED by Member Pellegrino, seconded by Member Dring and carried
on roll call vote as follows that the Agency By-Laws Section 204 be amended
to provide for $100 per month compensation for the Secretary to the Agency.
AYES:
NOES:
ABSENT:
Members Dring, Hannah, Pellegrino, Lojeski
None
Member Haltom
The meeting adjourned to December 20, 1983.
AUDIENCE PARTICIPATION
I
Bert Johnson, 331 E. Winnie Way, asked Council not to grant permission
for private developers or private landowners to issue tax exempt bonds
Within the City until Congress settles the issue. He said in part that
there is a seriDus debate in Congress over the billions of tax dollars
lost to the States and Federal Government due to cities granting to
private groups tax exempt bonds for their private projects. He felt.
. Arcadia is a wonderful city and does not have to offer bribes to attract.: .,.'
developers. The demands of the market place will create normal healthy' ....
growth.
Johanna Hofer, 875 Monte Verde Drive, agreed with Mr. Johnson. In re-
sponse to her question if any of the Councilmen took advantage of the
free ultra sound screening for early diagnosis to avoid a stroke as of-
fered by the Stroke Detection Services this day. Mayor Lojeski said he
had the test. Mrs. Hofer felt the Methodist Hospital might make the
same type of service available. She also referred to an allocation to
the City Clerk for car allowance and was advised that this has been on-
going for some years and the City Clerk invited Mrs. Hofer into the office
and she would explain the use on city business.
/
John Lorenzini, 1419 Hill Drive, Los Angeles, owner of rental property'at
the southeast corner of Colorado and Second Avenue showed sl ides of the'.
property to which he is addressing -. a culvert located at the edge oLhis.
property to the sidewalk... it is a right -of-way over which the city"has
poured asphalt... He said it is a catch-all for debris of al.l kinds of
trash .... a drainage ditch :.. when it rains it pours water into the gar-
age. He felt it is a dangerous situation and someone might get i_njured.,
from the iron railing.. he felt it could be filled in which would make it
safer and more aesthetic.. He asked Council to view the site to ascerta.in'..
what could be done to alleviate what he felt is dangerous. ,.
-6-
12-6-83
1lc.
ADVE RTl SE
r FOR BIDS
Yard
'1 Relocation
lld.
RACES
1983-84
Meetfl .
S: Ira Ie.
l1e.
EQUIPMENT
PURCHASE
Police Cars
. r: Eft Pur.
11f .
SOLICIT BIDS
Pa ramed i c
Vehicl es
F: E.ft A,a:
119-
ZONE APPROV,D the Planning Commission's recommendation in granting a zone
VARIANCE variance to add to an existing estab1 ishment partially located in a PR-1
Shakey's zone at 245 E. Foothill Boulevard (Shakey's Pizza Parlor).
pizpa: VanCl(I'~
11 h.
LOT LINE
CHANGED
Parcel Map
83-9
f: PaVLe/
lla.
HEARING
SCHEDULED.
12-20-83
1
~llb.
G,l A R A Report
r 1982-83
112a.
ORDINANCE
NO. 1782
ADOPTED
/
12b.
ORDINANCE
NO. 1783
INTRODUCED
/
25:0851
CONSENT ITEMS
SCHEDULED a public hearing for December 20 on Text Amendment 83-5 to
amend the Municipal Code Sections 9275.4.7.2 and 9275.4.7.3 to allow
convenience food sales in conjunction with the sale of gasoline.
APPROVED the FY 82-83 Report of the Arcadia Redevelopment Agency and
authorized staff to transmit same to the State Department of Housing
and Community Development.
APPROVED plans and specifications and authorized the City Clerk to ad-
vertise for bids for the Corporation Yard Facilities relocation Job
No. 552. This project is categorically exempt from the requirements
of CEQA pursuant to Section 15101, Class 1, of the guidelines for the
implementation of said act.
APPROVED an appropriation of $275,446 for transfer to the Police Depart-
ment Overtime Account to cover the 1983-84 - 91 day race meet.
C on7vt:J J
APPROVED the purchase of three police patrol vehicles from Price Chev-
rolet for a total cost of $37,962.63. Funds have been appropriated in
the Equipment Replacement Fund in the amount of $30,000 for this purchase.
An additional $7,962.63 was appropriated to complete this transaction.
APPROVED the soliciting of bids for two new Paramedic Ambulances. Plans
and specifications have been prepared. The 1975 ambulance will be sur-
plused and sold and the 1979 ambulance will be rotated to reserve status
and maintained as a back-up-unit.
APPROVED the execution of a Subdivision Agreement for tentative parcel
map 83-9 to realign the rear lot line at 335 W. Las Flores Avenue and
330 W. Las Flores Avenue.
114 fS
ALL OF THE ABOVE ITEMS WERE APPROVED ON MOTION BY COUNCILMAN Dring,
seconded by Councilman Pellegrino and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1782 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA TO PRECLUDE SECOND UNITS, WITH FINDINGS PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 65852.2(c)."
MOTION to adopt by Councilman Hannah, seconded by Councilman Pe11egrino
and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Hannah, Pellegrino, Lojeski
Councilman Dring
Councilman Haltom
The City Attorney presented for the first time, explained the content and
read the title of Ordinance No. 1783 entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA REPEALING SECTIONS'2~lO, 2411, and 2412 of
-7-
12-'5-83
l2c.
RESOLUTION
NO. 5146
ADOPTED
./
12d.
RESOLUTION
NO. 5147
ADOPTED
",.5'Cf
r' I
12e.
RESOL UTI ON
NO. 5148
ADOPTED
0151
Y' J '"
12f.
RESOLUTION
NO. 5149
ADTOPED
1115q
r'
12g.
RESOLUTION
NO. 5150
ADOPTED ,I :'
11"; I
y'
25:0852
THE ARCADIA MUNICIPAL CODE RELATING TO CITY CLERK COMPENSATION."
MOTION to adopt by Counc il man Dring, seconded by. Counc ilman Pell egrino
and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
The City Attorney presented, explained the content and read the title
of Resolution No. 5146 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA REGARDING COMPENSATION OF THE CITY CLERK POSITION."
MOTION to adopt by Councilman Dring, seconded by Councilman Pe11egino
and carried on roll call vote as follows:
I
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
The City Attorney presented, explained the content and read the title
of Resolution No. 5147 entitled: "A RESOLUTION OF THE CITY COUNCIL OF'
THE CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLD-
ING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
APRIL 10, 1984 FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS RE-
QUIRED BY THE PROVISION OF THE CHARTER, AND' FOR THE SUBMISSION TO THE
QUALIFIED ELECTORS OF SAID CITY OF A MEASURE RELATING TO CITY COUNCIL
ELECTIONS. "
MOTION to adopt by Councilman Pellegrino, seconded by Councilman Hannah
and carried on roll call vote as follows:
AYES: Councilmen Hannah, Pellegrino, Lojeski
NOES: Councilman Dring (not in favor of the measure relating to: the
election of councilmen)
ABSENT: Councilman Haltom
The City Attorney presented, explained the content and read the title
of Resolution No. 5148 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR-RECORDER OF SAID
COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT
OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 10,1984."
MOTION to adopt by Councilman Dring, seconded by Councilman Pellegrino
and carried on roll call vote as follows: .
AYES:
NOES:
ABSENT:
.Counci1men Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
I
The City Attorney presented, explained the content and read the title
of Resolution No. 5149 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON THE 10TH DAY OF APRIL 1984 TO BE MADE
BY THE CITY CLERK OF THE CITY OF ARCADIA."
MOTION to adopt by Councilman Dring, seconded by Councilman Pellegrino
and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
The City Attorney presented, explained the content and read the title
of Resolution No. 5150 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
-8-
-
12-1l-83
12h.
RESOLUTION
I NO. 5151
AOOPTED
,/
121-
CITY PARKING
LOT USE
AGREEMENT
APPROVED
/'
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12j.
CLAIM DENIED
AFFLET CORP.
(dba RHODES
company)
r' 5i ~
112k.
CLAIM DENIED
. (LEBERTHON)
v"
DEVELOPMENT
(RETAIL)
(6 p.m. Jan-
uary 3, 1984)
I,
"
25:0853
THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELEC-
TORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON TUESDAY, THE 10TH DAY OF APRIL, 1984."
Adopted on MOTION by Councilman Dring, seconded by Councilman' Pellegrino
and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
The City Attorney presented, explained the content and read the title
of Resolution No. '5151 entitled: !'A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA APPROVING DISABILITY RETIREMENT WITH FINDINGS (LOUIS
LITTLE). "
MOTION to adopt made by Councilman Pellegrino, seconded by Mayor Lojeski
and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
It was noted that due to traffic safety purposes the City recently'e1 im;;;
inated approximately 8 or 9 street parking spaces on Huntington Drive
. adjacent to the Worldwide Bloodstock Agency at 180 W. Huntington Drive.
Said business has requested permission to use about. 6 parking spaces in
the northwest corner of the City parking lot.. these spaces are rarely
used.
It was MOVED by Councilman Hannah, seconded by Mayor Lojeski and carried
on roll call vote as follows that an agreement be executed authorizing'
use of at least six parking spaces in the northwest corner. Worldwide
agrees that they accrue no vested riqhts by virtue of the use and thatI~
the use may be terminated at any time by the City. An insurance certi-
ficate has been provided. (A $25 fee for the City to maintain the spaces
was deleted.) ;:':'>..:1..:
AYES:
NOES:
ABSENT:
Councilmen Hannah, Pellegrino, Lojeski
Councilman Dring
Councilman Haltom
On recommendation of the City Attorney the claim of Afflet Corporation
(dba Rhodes Company) was DENIED on MOTION by Councilman Dring, seconded:
by Councilman Pellegrino and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
- -;',
;.': d:
On recommendation of the City Attorney the claim of Joseph S. LeBerthon
was DENIED on MOTION by Councilman Dring, seconded by Councilman Pelle-
grino and carried on roll call vote as follows: ::..';'
-'; I'
AYES:
NOES:
ABSENT:
Councilmen Dring, Hannah, Pellegrino, Lojeski
None
Councilman Haltom
I'
" -,
Staff advised in detai1.a potential development on privately owned prop-
erty which may eventually involve the Agency and City owned property on
Third Avenue. It appears that the firm of Beck and Associates have
an option on the Arcadia Datsun site and have been discussing with the
Agency a retail development which would include a Target Store. A'con-
cept plan was circulated for Council review... Target is 100kinq abiii.',:
location in Duarte but is also interested in Arcadia. Additional per-
tinent data has been requested by staff of Beck which hopefully will
-9-
12-6-83
- . '\
;';;-["1:
CABLE TV
r~5L1q
VACATED
BUILDINGS
PROPERTY
NEAR
HOMETELS &
THE DERBY
25 :0854
be received in time to meet with that firm and the Agency at 6 p.m.
January 3, 1984.
Mayor Lojeski spoke of a meeting with Falcon TV and they indicated they
were not interested in coming into any portion of the City as long as
pole rights have been secured by another entity... there are a couple
of other options ':hey may consider such as purchasing the existing
franchises and the like.
In response to an inquiry by Mayor Lojeski staff said in part that a
survey is being made to see what can be done about vacated buildings
of long standing --- those boarded up with graffitti and the like.
In'response to a question by Mayor Lojeski staff said in part that they
have been working on it ~- that to their knowledge discussions are no I
longer being held between Hometels and the Derby Restaurant... This was
in specific reference to the small building lying between the two devel-
opments on Huntington Drive.
The meeting was adjourned in memory of:
COUNCILMAN "Paul Mnoian, a long time resident of the City of Arcadia. He was the
PELLEGRINO founder of Nu-Way Industries, Inc., for 30 years having been very active
in the industry organization. Mr. Mnoian was active with the Boy Scouts,
Chairman of the Armenian International College in LaVerne, Chairman of
the California Industry Waste Management Council and a member of the
Arcadia Parking Commission. He was born March 21,1922 in Los Angeles
moving to Arcadia in 1950. He served with the United States Army in
the Pacific during W W II. He is survived by his wife, Lillian, three
sons, Ernie, Jim and Edward. He was a true benefactor in many ways - a
servant of his community. If I were to wish something nice to each and
everyone of you I would wish you to have had the pleasure of being touched
by the type of individual Paul was.. he touched many lives and will never
die in the memory of so many of us."
MAYOR LOJESKI "George Battany, a friend of long standing, who passed away November 14.
He was a member of the San Gabirel Valley Shriners for many years. In
my original days as a Little League baseball player in the city Mr. Battany
was one of the first umpires for the League. Mr.'Battany is survived by
his wife, Madeliene, and two children. In lieu of flowers, contributions
may be made to the American Heart Association or to a favorite charity."
"Services .were held a couple 'of weeks ago for a long standing well known
Arcadian, Sydney Larkin, who passed away November 16 following a long
illness. He was a member of the Kiwanis Club, past member of the Arcadia
Chamber of Commerce Board/Directors, former President of the Arcadia High
School Booster Club, former President of the Arcadia National Little
League and was active in all phases of youth baseball. Mr. Larkin was
born in New York City, graduated from Duke University, spent four years
in the Navy and was married to Elaine Sullivan in 1947. He moved to Ar- I
cadia in 1948. He retired in September of 1982 from the Broadway Depart- .
ment Stores after 25 years with that organization, where'he'served in
various capacities, including a period as Manager of the Arcadia Store
in Fashion Park. Prior to joining the Broadway he owned Larkin's Mens
Shop on First Avenue. He is survived by his wife, Elaine, daughter
Estelle Seaton, four sons, Mike, Tom, Patrick, Tim and four grandchildren.
He will be missed."
ADJOURNMENT
December 20
7 p.m.
The meeting adjourned at 9:50 p.m. to 7
Conference Room to conduct the business
any Closed Session necessary to discuss
and evaluation of properties.
p.m. December 20, 1983 in the
of the Council and Agency and
personnel, 1 itigation matters
~-o
ATTEST: Mayor
.,,01JtMh4l~~~ -/
City Clerk -10-
.
12-6-83
,
.,
I
I
T RAN S C RIP T
(INSOFAR AS DECIPHERABLE)
RELATING TO
PUBLIC HEARING PROCEEDINGS BEFORE THE CITY COUNCIL ON THE APPEAL TO
PLANNING COMMISSION RES. NO. 1245 DENYING CONDITIONAL USE PERMIT TO
ALLOW A CHURCH USE FOR PROPERTY AT 141 WEST LAS TUNAS DRIVE.
(To identify those speaking: WOOLARD
MILLER
BARBOSA
HOFER
LOJESKI
HANNAH
PELLEGRINO
DRING
PLANNING DIRECTOR
C ITY ATTORNEY
ATTORNEY FOR DR. GOTTUSO
MRS. JOHANNA, RESIDENT
MAYOR
MAYOR PRO TEMPORE
COUNCILMAN
COUNCILMAN
PROCEEDINGS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 6, 1983
(,
e
/;
LOJESKI
WOOLARD
Item No, 3 -- Public Hearing. Mr. Bill Woolard.
Honorable Mayor, Members of the City Council. At the October 18th City
Council Meeting the Council tentatively approved Conditional Use Permit
183-16 subject to provision of a revised plot plan showing at least 9 parking
spaces. Because of the Councils concern regarding parking and the size of the
proposed use in relation to the subject property, concern was also expressed
regarding the ability to limit the CUP to this applicants proposed use and
to properly police and enforce the conditions. Accordingly, no final decision.
was rendered, and any final decision was to be only on Councils
adoption Oft
meeting Nov J
was passed t
a resolution with findings and conditions. At the City Council
additional concerns were expressed by the Council and a motion
defer consideration of the resolution and to reopen the public hearing which
"" ,"
is scheduled for toniqht's meeting. The original application and plan which
\i~re reviewed"and reported on in the staff's September 13th report to the
Planning Commission called for the use of the house and garage totaling 2,588
square feet for church purposes. The church would have a maximum of 50 members
there would be 6 onsite parking spaces and the use of two neighborhood business
parking areas. It was staff's opinion that there was not adequate onsite
parking to accommodate the proposed use, that the off-site parking created
potential safety problems and there was no assurance that the off-site parking
would always be available. The Code provides for off-site parking only through
the use of a recorded covenant. The Planninq Commission in its consideration
expressed concern with a limited amount of on-site parking, the distances to
the proposed offcsite parking, and the intensity of the proposed use in rela-
tion to the adequacy of the site to accommodate the proposed use. The City
Council cover letter outlines the general guide lines which are used by the
Planning Dept. to estimate the amount of parking places for uses of public
assembly. It should be noted that the minimum parking requirements
places of assembly are not directly applicable to churches, but are
appl ie)
general
of a
-1-
guide lines which do not take into consideration the specific facts
I LOJESKI
MILLER
I
. I-particular use on a particular piece of property. The Conditional Use Permit
process affords the City the opportunity to examine the specifics of an
application and to determine the appropriateness and compatibility of the
intended use. The Council's agenda packet also includes the Planning Comsn.
Resolution, the applicants original letter of appeal, the revised plot plan
,
showing the 9 on-site parking spaces which was presented to the Council at
the October the 18th meeting. And our original Planning Dept. staff report.
This concludes my report unless you have any question.
Any questions of Mr. Woolard? Mike Miller - you have something to add?
Yes. Yesterday attorney Barbosa who represents the applicant or appellant,
Henry Barbosa - submitted a document to my office and to the City Council
and I want to represent to Mr. Barbosa that was delivered to the Mayor and
City Council yesterday. Along with that I would like to clarify for the
record the following: The Hearinq of October 18th indicated that approval
of the actual CUP was to be implemented by Resolution and unless and until
that was enacted, and the Council had an opportunity to r'eview that, there
would ~e no final decision. Also that action was to be predicated on the
Council's feeling of assurance that some of the conditions that were proposed
by the applicant would have some validity, and perhaps this point hasn't been
clarified - but I would like to indicate that as to the condition that the
CUP can be limited to this applicant and would not run with the
land - I did raise - and I told Mr. Barbosa on the phone - that I had some
problem with that particular condition and would relate that concern to the
Honorable Mayor and City Council, which I did. Mayor Pro-tem Hannah indicated
at that meeting that his vote was predicated on the validity of the conditions
and I think its meritorious that the applicant acknowledged that he under-
stood that until the resolution was actually passed there would be no' final
decision. Because of some of the legal concerns and concerns about parking
and indications also by Counci1member Dring that he would like to hear this
-2-
Imatter the Hearing was reopened and its the City's position that this is a
matter of just continuing jurisdiction, that there has been no final decision
and therefore the points raised with regard to the fact that the Council is
bound by ~ decision they really haven't made yet is - at least in my opinion -
counterej by the fact that no final action has been taken at this point, and
so this is He time for the Council to further examine this case and that is
the reaS01 for the reopened public hearing. And I want to state that for the
LOJESKI
benefit of Mr. Barbosa and also on behalf of the City Council.
Any further questions from Mr. Miller? This is a Public Hearing.
Appellant first like to speak?
W"ld ,hi
BASBOSA
Thank you Mr. Mayor. My name is Henry ~. Barbosa, I'm an attorney and my
address if 200 South Garfield Avenue, Alhambra. Let me begin by stating that I
appreciate the City Attorney's comments, but with that appreciation let me
perform my legal function and formally object to your',:, proceeding on this
matter based upon the letter that I did send to you that you've acknowledged.
For the purpose of the record also I'd like the Minutes to reflect my request
that you incorporate in my objection the Minutes of October 18th, that you
also incorporate a letter dated October 21st, 1983 to Dr. John Gottuso from
Donna Butler. I have the original here - I'd like to keep that-but the City
Clerk will incorporate this letter dated October 21, 1983 by reference to the
record together with the Minutes of the October 18th meeting. And incorporatin~
my letter acknowledged by the City Attorney. If you'll acknowledge those
letters as part of the record I will stand on my objection and not belabor
the point further. I also point out that because we do object that my con-
tinued presentation to you should not be treated as a waiver - let me exp1i-
cit1y state we are not waiving our objection by continuing with the proceeding.
we're caught in the dilemma of taking the chance of just ignoring your pro-,
ceedings and not coming forward - we think that would be discourteous and
as a matter of courtesy to the City Council without waiving our objection
-3-
BARBOSA
I
MILLER
LOJESKI
DRING
BARBOSA
I
1- we will proceed. Let me take care of two preliminary matters. I'd like
,
to point out to the City Council that our intention here is not to pick a
fight with you. We're here to do business with the City. And without
haranguing on the points that I made in my letter - that you're without
jurisdiction to change your decision since it was made and was final. I'd
like to just, like to --- \get one more fact clarified for us and if I may
inquire of - through the Mayor whether Councilman Dring who was absent
October 18th - whether he is familiar with the record, whether he has heard
the tapes, whether he has seen the staff reports and if he is otherwise familia
with the proceedings of October 18th.
Yes f- I believe Counci1member Dring can properly address that.
Councilman Dring?
Yes - I've reviewed the material to my satisfaction, thank you.
out
Based on that representation I wish to point/that we have no objection to
Counc~}man Dring participating in the deliberations - or participating
ever/Council sees fit. Suffice it to say that we believe your decision can
be no different than it was before. Enough said on that - on that level of
discussion. Let me - I think - in the interests of brevity and not taking
more of your time really shrink down with the issues before the City Council
and that is whether or not we have adequate parking, and I respectfully
submit to the City Council that the adequacy of the parking is the only issue
of concern to the City Council. And because this is a Conditional Use Permit
we're entitled to make that use if we fulfil the conditions and on that
point I'd like to respectfully point out that on October 18th we hammered
out some pretty specific conditions, there was a reservation by Councilman
Hannah that the matter be legal - but I think that when the Council was
brought back,- when a resolution was brought back to you I think you had the
explicit - if not implicit - approval of the City Attorney that it was a
legal document and that the conditions limiting the sale of the property are
-4-
BARBOSA
LOJESKI
PELLEGRINO
BARBOSA
PELLEGRINO
BARBOSA
PELLEGRINO
BARBOSA
PELLEGRINO
I
1- valid and are enforceable. So - given that the parking - that we do satisfy
the parking - given that the actions of the City after October 18th and leading
up to this meeting apparently satisfied the legal authority that you could
proceed - we would ask your consideration. We don't think there are any
legal concerns that - of enforceability. We believe the conditions are more
than adequate and we believe that you should take whatever action you wish
to tonight, but that when you get done with your deliberations that you go
forward and adopt that resolution that was-has previously been
and is before you tonight. And that completes my presentation
are any questions that I might attempt to answer at this time?
before you I
unless there
Any questions of Mr. Barbosa?
Yes, IHenry I'd like for you to clarify that - all that you've said tonight -
you left me at the bakery - I don't even understand what you are trying to
,
suggest. ! Have you complied with all the parking requirements?
Yes - in other words we have - the City Council sets these conditions-------
Just a second - at the meeting that we were - that you came to us and set the
standards that you were to come back to us and say yes we did do what you
told us.
Well - we do those upon your approving the resolution because the CUP does
not take effect until the conditions are satisfied so when you------
Are you saying you have not done it then?
Well we have submitted a plot plan that does show nine parking
spaces and we'll provide those 9 parking - the process is - you adopt
a CUP with the conditions - we meet those conditions to the satisfaction of
staff and then the permit takes effect. But we're not about and can't be
expected to spend money before you've approved something cause thats taking
the cart before the horse so - once the horse is out there
if you approve ,
-5-
that resolution we then carry out those conditions so-----
Theres no problem with doing it?
BARBOSA
PELLEGRINO
BARBOSA
PELLEGRINO
BARBOSA
I PELLEGRINO
BARBOSA
LOJESKI
DRING
LOJESKI
DRING
WOOLARD
DRING
WOOLARD
DRING
BARBOSA
I
None whatsoever - we weren't the last time.
You have no problem with the growth of the church?
Never - never had - never will. We're satisfied with the limitation of 50.
In the event that it would grow bigger than that Mr. Barbosa?
Then they have to move, and if they sell it it reverts back to a day care
center. And thats in the resolution that was previously presented to the
City Council.
Thank you Mr. Barbosa.
Yes
Any further questions of Mr. Barbosa?
I do.
Councilman Dring.
First to Mr. Woolard - on this plot plan page 65 - parking.
Can you tell me the distance between parking space designated 7 and 2?
About 15 feet 9 inches.
As I read the material did it state that they needed at least a minimum of
12? If not a minimum of 13 parking spaces.
If - based on the discussion at the other Council meeting - if - at this
time for the number of members they had they would need the 9 spaces, if
the membership were to increase they would increase the parking up to a max-
imum of - I believe - 13 spaces with 50 members.
Would it be your church's position to turn away memberships?
No - I think if you'll recall from the minutes of the tape recordings - and
I'm a good old Catholic boy - so I had a hard time appreciating this point
myself, but Dr. Gottuso has satisfied me - at least professionally - that the
drive of his ministry is not numbers oriented - its internal growth oriented.
And his philosophy and - first of all keep in mind his background and this
is covering old ground but - Dr.' Gottuso is a State licensed family counselor
so that his ministry is directed to intensive one to one or just small
-6-
BARBOSA
I - group participation in the religious ceremonies. He is not interested in
adding to numbers. And keep in mind now that - you know - the alarm or the
fear that we're going to grow and grow and grow reaches a physical limit
that structure has physical limitations and we have no intentions of growing
beyond the capacity of the building. Now - so that-------
You see that would be my point you------ it would be seemingly imprudent to
turn away membership until indeed - as you point out - if nothing else it
DRING
BARBOSA
reaches a physical limit - and that the parking - as indicated by this plot
plan does not support - if you will - the presupposed physical limit of 50'1
Yes - well I think if you'll look at the Resolution that was previously
presented to you, it sets those limitations at 50, it - and the parking
must maintain a certain ratio on the site, we have cannot go off-site for
the parking. You also have the obvious opportunity - obligation or opportunity
to inspect the site at any time. You know - his ministry right now is limited
to about 30 to 34 people and if you accept his representation to me which I
can repeat to you and that is - that as he takes in new members to his con-
gregation who accept the philosophy that they're trying to instill in them-
selves. Some people don't stay with it - there's a rigorous training in-
vo1ved in it so that he hasn't gone beyond 30-35 he picks up three, two will
not return after a period of time, so he's been rather constant. In the
event they were to expand beyond 50 in terms of people available to come
to those services and participate - I want you to keep in mind this option -
and its one that you don't have to accept if and when that time comes and
that is the Fire Dept. has determined that the building can safely permit
80 people - the Fire Department'- so from a safety pOint of view there is no
harm to 80 people being there. Of course, thats not ignore that you've got
DRING
so much space on the land without.......
Thats provided it were modified.
Well they put the alarm ~ the fire doors - the fire equipment we're going
put in any way right now. For the day care center its not required but
,I
BARBOSA
-7-
BARBOSA
I
DRING
BARBOSA
DRING
BARBOSA
DRING
BARBOSA
DRING
BARBOSA
I
I - having been brought to our attention we intend to proceed with those fire -
what do you call it - fire bars? Panic bars on the doors. Those are going
in whether you approve this or not - so we're taking those steps further
enhance the safety of the building. And I don't want to queer the proceedings
by making this observation that in the event that we were to come to 50
people in that congregation there is no reason why you could not at that
time - whether you're inclined to or not - but at least consider busing -
the chauffeur shuttle from his home - his home is about half a mile? Three-
quarters of a mile - maybe a mile from his home. There are other ways of
dealing with the parking problem - you know - we could have other kinds of
alternatives to providing parking off-site. And we're not even there yet -
so - I raise that point so that you don't close your mind to other a1terna-
tives to deal with the parking problem. Yet never losing sight of the fact
that we have no expectation - no do we plan - to ever go beyond 50.
Mr. Barbosa thats our - at least my major concern -
Well members it takes
At least
Yessir
You indicated that your supplimentary beyond the nine parking spaces would
occur back behind the office--in whats called back parking area ------
Yes
One would have to drive through parking space one to get there.
No - you go around it. I've been on the site myself and we're had a car
parked in number one - and with the garage still standing there theres
enough access to put the parking space there. Now understand that the way
we would discuss it at the last public hearing its a progressive factor.
He's at 32 or 33 right now but we would immediately provide the nine
parking. If the numbers grow to 40 he'll add the one, if they grown to 44
whatever that number is - they'll go to the next parking space. I don't
think your ever going to see it - as a matter of fact - but keep in mind if
-8-
BARBOSA Cont'd - the res ever a violation, and the City has all the power and authority to
DRING
BARBOSA
DRING
PELLEGRINO
BARBOSA
PELLE
BARBOSA
PELLEGRINO
BARBOSA
PELLEGRINO
BARBOSA
LOJESKI
BARBOSA
LOJESKI
HOFER
police the matter as they see fit. If theres a material breach to that
Conditional Use Permit its subject to revocation.
You understand as well as we do that one of the things we don't want to
have to do is spend our time policing churches------ ,
Absolutely - I'm sure thats not the best thing you want to spend your time
with, but keeping in mind that at the same time - Dr. Gottuso has a sense
of integrity and you'll have to accept the representation as truth that he I
has maintained a very small congregation and it hasn't grown. The phi1osop
is such - the rigor of it is such - that he does not keep a large congregat .
Has no intention of doing so.
Thats all.
Mr. Gottuso
\- Mr. Barbosa.
Yessir.
Are you telling me that a member of this congregation is there for a period
of a short time?
No what I'm saying is that he - that Dr. Gottuso has experienced people
not - not continuing.
They come there for help - they receive the help and then they go on?
That may be the case I don't know but in this case and every case or not
I mean--------
Ok
But there is - it is not a numbers growth oriented philosophy here.
Any further questions of Mr. Barbosa? Thank you very much.
Thank you very much.
Anyone in the audience wishing to speak in favor of this item on the agenda?
My name is Johanna Hofer and I live at 875 Monte Verde Drive. I'm not a 1
member of this congregation but to me its refreshing to see a church asking
for a Conditional Use Permit. And in this day and age with the morals we
-9-
HOFER Cont'd have etcetera I think we can always count on another church probably to
IlOJESK)
PELLEGRINO
DRING
LOJESKI
HANNAH
LOJESKI
PELLEGRINO
HANNAH
,ELLEGRINO
LOJESKI
help raise our standards from where they have gone in recent years, so
that I don't think you should make such a big deal about parking a few
cars here or there. I'd rather see a church go in than a Go-Go establishment
or whatever - or a bar. And I can't help but feel that this thing - this
Conditional Use Permit should be granted probably with a condition if traffic
or cars get in the way of adjoining properties etcetera that that Conditional
Use Permit could be taken away. So give this church a chance to show that
it can become a good member of the community.
Thank you Mrs. Hofer. Anyone else desirous of speaking in favor of this
item? Any desirous of speaking in opposition to this item on the agenda?
Gentlemen--
Seeing no one in opposition Mayor I MOVE we close the public hearing.
Second.
The public hearing is closed. Gentlemen.
My concern which was my concern previously that could we enforce the condition
of the Conditional Use Permit if it were granted. I was advised by legal
counsel that the covenants run with the land and therefore we could not in-
crease the parking if this property were subsequently transferred to someone
else who maybe wanted to convert it to a single family residential building.
Normally we require minimum of 13 spaces for this type of construction
at the October 18th meeting we talked in terms of at least 9 parking spaces -
I think parking is very important consideration in this matter. I'll make
a motion if there are no other considerations.
Anyone else have any comments-----Counci1man Hannah.
Mr. Hannah would you clarify that motion---I'm sorry.
Haven't made it.
Oh - Ok.
He's drawing it.
-10-
HANNAH
(Motion to
deny)
MILLER
LOJE5KI
HANNAH
LOJE5KI
CITY CLERK
CITY CLERK
MILLER
LOJESKI
HANNAH
MILLER
HANNAH
I assume the motion would be to uphold the denying the Conditional Use
Permit No. CUP 83-16 for the operation of'a church and church related
activities of 141 W. Las Tunas. We're upholding really the Resolution of
the Planning Commission.
Yes thats correct - your Motion is correct if your intent is to deny the
appeal and affirm the decision of the Planning Commission and direct the
City Attorney to prepare the requisite findings reflecting the Councils
decision.
Is that incorporated into your motion?
I
So MOVED
Any second on that? I'll second the motion. Any discussion? Roll call
please.
Dring-yes, and let the record show please that this is strictly a matter of
parking consideration - and its no small matter and that we have anguished
repeatedly over simi1iar situations where the high school children cross
Duarte-----and this is a main street Las Tunas not a side street. And not
only does the City expose itself to liability but the inherent bottom line
is we expose people to injury by potentially forcing them to cross a main
busy street to get to and from institutions such as schools and churches
and we really are concerned for that purpose only. 50 I support the motion-
yes.
(Continues the roll call) Hannah-yes, Pellegrino-yes, Lojeski-yes.
Mr. Mayor it may not be actually but I'd like to propose a MOTION that the
,actual transcript of the recordings of these meetings be deemed a part of
the official record. In case we actually need a transcript.
50 MOVED.
I'll make that MOTION - are you talking about a verbatim transcript of
the meeting of Qctober 18th?
October 18th and if necessary the other hearing meetings.
1
I'll incorporate - I'll make that MOTION.
-11-
LOJESKI
CITY CLERK
LOJESKI
DRING
MILLER
LOJESKI
CITY CLERK
I
I
Can you------
Do we have a second on that?
I'll SECOND it. Councilman Dring do you have a question on that?
Yes..:I'm not sure - if we're going to vote on the motion - would I have
!
to abstain? I wou1dn~t think so even though I wasn't there.
No its just to - it wouldn't be necessary.
We'll have a vote on that. Roll call please.
Dring-yes, 'Hannah-yes, Pellegrino-yes, and Lojeski-yes.
j
!
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