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HomeMy WebLinkAboutDECEMBER 20,1983_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0856 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTES January 3 ORD. & RES. READ BY TITLE PRESENTATION ~~j NEW CITY FLAG UNVEILED ~5~ 1. M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING DECEMBER 20, 1983 The City Council and the Arcadia Redevelopment Agency met in a regular session December 30, 1983 at 7:30 p.m. in the Arcadia City Hall Council Chambers. Rev. J. William Daum, Church of the Transfiguration Former Mayor of Arcadia, Charles E. Gi1b PRESENT: Councilmen Dring, Haltom, Hannah, Pellegrino. Lojeski ABSENT: NONE The minutes of the adjourned and regular meetings of December 6 were held over until the meeting of January 3, 1984. A transcript requested by Councilman Hannah was not included and will be at the next meeting. It was MOVED by Councilman Dring, seconded by Mayor Lojeski and carried that all ordinances and resolutions be read by title only. On behalf of the City Council Mayor Lojeski presented the Chairman of the Arcadia Sister City Commission, Mrs_ Ruth Gi1b, with a proclamation and read same in full. The week of December 27 through January 8 was proclaimed as Newcastle, Australia week and urged all residents to parti- cipate in the activities scheduled during that time. The Newcastle ,Koala Band is in the city and will march in the forthcoming New Year's Day Rose Parade in Pasadena. Mrs. Gi1b expressed appreciation for the Proclama- tion and invited all who could to attend the dinner in honor of the visitors to be held at the Arboretum on December 28 at 6 p.m. Mayor Lojeski officially unveiled the first Flag for the City. One will be presented to the Sister City Commission for the Newcastle dignitaries to take back to their City. Text A~endment 83-5 to amend Arcadia Municipal Code Sections 9275.4.7.2 and 9275.4.7.3 to allow convenience food sales in conjunction with the sale of gasoline. The Planning Commission determined that the existing regulations relating to automobile service stations are adequate and that a public need has not been demonstrated. At the present time the Code would permit automobile stations to sell food, carbonated drinks and cigarettes from dispensers (vending machines) within a building. ~ (See Planning Commission minutes of November 22, 1983 and staff report _dated December 20, 1983). ~/ )( e;{ 0 Mayor Lojeski declared the hearing open and Don Wilson, real estate . . \ ~J representative of the Atlantic-Richfield Company, 300 W. G1enoaks, r.J, ~{' Glendale, said in part that at the suggestion of Council he had pre- , "~\ sented a text amendment to the Planning Commission which it had subse- ~, quent1y rejected. He asked for Council approval of the request to \~~,\ construct convenience food store in conjunction with the sale of gaso- \,\ line. Mr. Wilson said he would agree to the regulation for drive-in businesses.... one parking space per employee and others set forth in the Planning Department staff report.. I PUBLIC HEARING (Food sales with sale of gasoline) DENIED -1- 12-20-83 25:0857 In response to a question staff advised that it would have no control over the sale of beer and wine on the premises - that if they were issued such a license they would not have to come back to the City, Also the requested 50 sq. ft. of space to be alloted would not require a conditional use permit... the 50 sq. ft. would keep the retail sales clearly incidental to the primary use which is the gas station. If the use should grow the project would have to be looked at again. All aspects of the parking situation were explored... as to why the de- lay from 1979 when it was first presented to the Planning Commission and Mr. Wilson replied in part that he was not with the company at that time - that a task force was formed to inspect all ARCO stations to de- termine which ones would qualify for snack space in order to provide the dealer additional income. As of now there are none in Arcadia. A dealer would have to agree to the snack shop before ARCO would construct it. I The incidence of crime was also referred to and Mr. Wilson did not know the current figures on that. They also utilize closed circuit cameras on the property so the dealer can see what is going on at all times. No one else desiring to speak to the matter the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried. Councilman Pellegrino felt that ARCO has improved the appearance of locations they have occupied and that there are too many guidelines, for instance, 42 pages in this instance and that businesses should be permitted to take advantage of any opportunity they can to make the business successful and profitable as long as it complies with the city codes and MOVED to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and that the City Attorney be directed to prepare the appropriate ordi- nance for introduction. Motion seconded by Councilman Dring... (refers to Alternative 1 in report). Councilman Hannah felt guidelines are definitely needed to control this type of operation - convenience food stores are not jefined by ordinance.. parking requirements may be different for this type <jf business than others... the flow of traffic should be addressed an I some definition as to how much of an area could be used for this type o' operation within the same confines of a gasoline station. He would vote in opposition. Councilman Haltom also felt a quick food service in a gasoline filling station does not lend itself to the aesthetic values of the city.. and noted parking problems could evolve. Mayor Lojeski agreed and said in part that he could not support the project due to violations which ARCO must have been aware of. He then called for the roll call vote on the motion. AYES: NOES: ABSENT: Councilmen Dring, Pellegrino Councilmen Haltom, Hannah, LOjeski None I It was then MOVED by Councilman Hannah, seconded by Councilman Haltom and carried on the following, roll call vote that the matter be referred back to staff to prepare some recommendations to be presented to the Planning Commission .., so that there will be control of the area within the confines of the particular building which is selling gasoline.. also the control of traffic and parking. That once staff has come up with that recommendation presented to the Planning Commission for discussion - and that any additional fees as far as ARCO is concerned relative to a rehearing before Council be waived. AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None As far as the ARCO is concerned it was MOVED by Councilman Haltom, seconded by Mayor Lojeski and carried on roll call vote as follows that a commun- ication be directed to ARCO to cease and desist; that staff initiate -2- 12-20-83 2. I 3a. ROLL CALL 3b. MINUTES 3c. DESIGN REVIEW (HOMETELS HOTEL) APPROVED (/\1 r \)- {v... 3d. FALZONE DEVELOPEMENT APPROVED I q1 /\'J- (A Y fi0 'V~ 25:0858 enforcement with follow-ups and to take whetever action is appropriate. AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Jellegrilo, Lojeski None None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Dring, Haltom, Hannah, Pellegrino, Lojeski ABSENT: None On MOTION by Member Dring, seconded by Chairman Lojeski, and carried the minutes of the regular meeting of December 6, 1983 were APPROVED. Member Haltom abstained from voting as he was absent on said date. The Agency received the request of the Hometels Association for approval of its s,igns proposed for both thE exterior of the building and for the northeast corner of Huntington Drive and Second Avenue. The proposed signs were explained fully in the staff report dated December 20, in which approval was-recommended pursuant to conditions set forth therein. It was MOVEO by Member Dring, seccnded by Member Haltom that based on staff's recommendation the proposEd signing be APPROVED. It was noted by staff that it is their understanding the name will remain the same "The Granada Royale" and will be a subsidiary of the Holiday Inn. AYES: NOES: ABSENT: Members Dring, Haltom, Hannah, Pellegrino, Lojeski None None Due to possible conflicts of interest Members Hannah and Pellegrino re- tired from the Council Chamber during the following deliberation. Proposed Exclusive Right to Negotiate with Falzone Development COmpany for the First/Huntington site (continued from December 6). It was noted in the staff report of this date that the ERN has been modified per Agency',s instructions of November 15 and has been executed by Mr. Fa 1 zone. He has also provided the required $10,000 fee and the $40,000 uncondi- tional Letter of Credit. All provisions of the ERN were set forth in said report. (Transcript has been prepared of the considerations at this time. ) Discussion ensued on who is financially responsible for the cost of an Environmental Impact Report and it was submitted by the City Attorney that as a general practice it is the developer with the cooperation of the Agency in providing necessary data and assistance. To this the developer agreed and staff submitted in part that the EIR would focus on traffic, noise, air pollution and the like. The consultant who is retained to prepare the EIR will be provided with other EIRs that in- clude the general area of the proposed development. Mr. Falzone said he was satisfied with and understood the circumstances. Whereupon it ~'as MOVED by Member Ha 1 tom, seconded by Member Dri ng and carried on rol J call vote as follows that the ERN (Exclusive Right to Negotiate) be APPROVED; that the Agency Chairman be AUTHORIZED to ex- ecute same and that staff be directed to implement the ERN. AYES: NOES: ABSENT: Members Dring, Haltom, Lojeski None Members Hannah, Pellegriro (due to conflicts of interest) -3- 12-20-t:3 3e. DEMOLITION CONTRACT APPROVED Fifth & Huntington c\1 y \ rt q 3f. 4. 5. \~ '/< 6a. EISENHOWER PARK PROJECT Reimbursement to State APPROVED ~ II q'~ 6b. SPEED ZONING (Various streets) APPI<OVED AS A ~ENDED . ,\ S' S,[o>j -.0 ?-- /} .1 i' 7a. f' \ DOWNTOWN ~ STUDY CONSULTANT SERVICES 25:0859 The Agency received the results and recommendation relating to the bids received for the demolition and site clearance of the southwest corner of Fifth Avenue and Huntington Drive (Round-Up Motel). The project will be accomplished in two phases - the first to be completed by January 25, 1984 and the second by February 28, 1984. It was MOVED by Member Dring, seconded by Member Haltom and carried on roll call vote as follows that the contract be awarded to the low bidder, Goldbar Land Clearing in the amount of $9,865.DO. Funds available in the Agency Operating Fund for this project. AYES: NOES: ABSENT: Members Dring, Haltom, Hannah, Pellegrino, Lojeski None None I The Agency adjourned to 6 p.m. January 3, 1984. Council reconvened AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, felt it was a mistake on the part of the City Council to turn down the request of ARCO to allow convenience food sales in conjunction with the sale of gasoline.. the city needs all the business it can get and asked Council to reconsider the matter in the future. CONSENT ITEM In order to reimburse the State for engineering costs on Eisenhower Park it was MOVED by Councilman Dring, seconded by Councilman Pellegino and carried on roll call vote as follows that $11,070.44 be appropriated from the Capital Outlay Fund to reimburse the State as explained in staff re- port dated December 14, 1983. It was noted therein that this amount will be available for use on future State approved recreation projects. AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None Council received the recommendation for speed zoning on various streets. The Police Department was directed by the Santa Anita Municipal Court to update speed zoning in accordance with applicable provisions of the California Vehicle Code. The last Ordinance (No. 1668) was adopted by the City Council on February 20, 1979 and must be updated every five years. Discussion ensued on some of the limits recommended and Staff will re- I study the areas questioned by Council. The City Attorney will confer with Santa Anita MuniCipal Court on the survey prior to preparing the _ I ordinance setting forth the prima facie speed limits on City streets. _ It was MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follOWS that Staff proceed. .WES: '~OES: ~BSENT: Councilmen Haltom, Hannah, Pellegrino, Lojeski Councilman Dring (differed in some sugge5ted speed limit~) None Staff advised that proposals were sent out to a total of nineteen con- sulting firms with planning, architectural and/or implementation exper- ience in downtown or area revitalization and architectural guideline development. Nine responded and all ar~ qualified to perform the down" town revitalization study. Staff had revi~wed the proposals and recommend -4- 12-20-83 The City Attorney presented, explained the content and read the title of Resolution No. 5153 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE SOUTHERN CALIFORNIA GAS COMPANY TO REFUND UTILITY USERS' TAX TO ITS CUSTOMERS". ',1"& (', yh I,.) MOTION to adopt by Councilman Dring, seconded by Councilman Pellegrino f(tIl(' c,O and carried on roll call vote as follows: ~~a AYES: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski ..J) NOES: None ABSENT: None I / 8a. ORDINANCE NO. 1783 ADOPTED ~. ORDINANCE NO. 1784 ADOPTED 8c. RESOL UTI ON NO. 5153 ADOPTED I ~ {~~SOLUTION NO. 5154 ADOPTED 25:0860 the firm of Wildan Associates based on reasons set forth in the staff report of December 20. This study will be funded from Community.Dev- e10pment Block Grant monies ($55,000) which have been set aside for this project. It was MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follows that staff be AUTHORIZED to proceE'd with the preparation and execution of the agreement for con- sultant services with the firm of Wildan Associates. AYES: NOES: ABSENl : Haltom, Hannah, Pellegrino, Lojeski Drinq (Felt the $55,000 could be better spent elsewhere) Councilmen Councilman None The City Attorney presented for the second 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 2410, 2411 AND 2412 OF THE ARCADIA MUNICIPAL CODE RELATING TO CITY CLERK COMPEN- SATION" . MOTION to adopt by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1784, entitled: "AN ORDINANCE TO AMEND ORDINANCE NO. 1494 (SECTION 2654.13 OF THE ARCADIA MUNICIPAL CODE) IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUAL! ZATION (EXCLUSIONS AND EXEMPTIONS) (Emergency Ord i nance)" . MOTION to adopt by Councilman Dring, seconded by Councilman Hannah and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Drinq, Haltom, Hannah, Pe11eqrino, Lojeski None None The City Attorney presented, explained the content and read the title of Resolution No. 5154, entitled: "APPROVING THE DECISION OF THE PLANNING COMMISSION AND DENYING THE APPEAL CONCERNING CONDITIONAL USE PERMIT 83-16 WITH FINDINGS". MOTION to adopt by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: ABSTAIN: ABSENT: Councilmen Dring, Hannah, Pellegrino, Lojeski None Councilman Haltom None -5- 12-20-83 ~ I'~SOLUTION NO. 5155 ADOPTED ~f. , RESOLUTION NO. 5156 ADOPTED '-\~)- r \ ~'. GENERAL PLAN 9. CLAI!.1 DENIED (Swanson) 'f.1~ ORANGE GROVE UPGRADING ~ELLEGRINO DRING I (TOWA)}. ? 1Y y\)-q UTILITY TAX AT & T f( '0'1 25:0861 The City Attorney presented, explained the content and read the title of Resolution No. 5155, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DESIGNATING THE ENTIRE STAFF OF THE CITY CLERK'S OFFICE TO 8E IN THE UNCLASSIFIED SERVICE". MOTIO~ to adopt by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows: ' AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None The City Attorney presented, explained the content and read the title I of Resolution No. 5156, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING, AS THE LEAD AGENCY, THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MEDICAL OFFICE BUILDING LOCATED AT THE SANTA ANITA RACE TRACK AND CERTIFYING ITS PREPARATION IN COMPLIANCE WITH THE CALIFOR- NIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES AND CITY OF ARCADIA RULES IMPLEMENTING THE SAME". MOTION to adopt by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: Councilmen Haltom, Hannah, Pellegrino, Lojeski NOES: Councilman Dring (felt the EIR did not address the visual impact of an eight story building across the street from the hospital - that it would impact the area) ABSENT: None Staff to prepare a report and recommendation of the General Plan Land Use Element. On recommendation of the City Attorney it was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the claim of G. J. Swanson be and it is hereby DENIED. AYES: NOES: ABSENT: Councilmen Dring, Haltom, Hannah, Pellegrino, Lojeski None None On recommendation of the City Manager it was MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried that staff proceed with meetings with the City of Sierra Madre and County officials for partici- pation in upgrading Orange Grove Avenue... the northern portion of that avenue is controlled by Sierra Madre. Expressed appreciation to the city staff, police and paramedic services rendered recently in response to the needs of his family. I Brought up a resolution (No. 5145) authorizing the issuance of bonds for the purpose of financing construction of a hotel, parking and related facilities for the TOWA corporation (Ramada Inn).. The resolution went down to a 2 to 2 tie vote and was carried over and over until finally dropped at the request of the developer. He felt the matter should be closed now that 5 councilmen were present at this meeting. Councilman Dring then MOVED to bring it up again. Councilman Haltom seconded the motion which did not carryon the following roll call vote: AYES: NOES: ABSENT: Councilmen Dring, Haltom Councilmen Hannah, Pellegrino, Lojeski (Felt None it moot at this time) The Finance Director responded in part to Councilman Hannah's inquiry as to the intention of the American Telephone and Telegraph Company not to collect utility tax. As of now he ~oesn't have sufficient information but is pursuing it. -6- ,., 'In 0") ( I I IN MEMORY OF SIEMENS / 10. ADJOURNMENT Janua ry 3 6P/' ATTEST: 25:0862 Mayor Lojeski adjourned the meeting to 6 p.m. January 3, 1984 in memory of Bernice "Bee" Siemens who passed away December 14 after a prolonged illness. Mrs. Siemens was a residentof Arcadia since 1952. She was a member of many organizations including the Foothill Area Panhe11enic, Santa Anita Highlands Garden Club, Historical Soci- ety of Arcadia, the Arboretum and Botanic Society, Arcadianns, Arcadia Chamber of Commerce, A1trusa Club of Arcadia, the Arcadia Business & Professional Club, Arcadia Tournament of Roses Association, Arcadia Republican Club and a member of the Arcadia Presbyterian Church. Mrs. Siemens was selected as Woman of the Year in 1973 and awarded a special plaque of appreciation from then Gov. Ronald Reagan and also one by former Mayor Don Hage of Arcadia. She is survived by her husband Clifford, son Richard Earl and d~ughter Barbara Jean Anderson. Services were held December 19 at the Arcadia Presbyterian Church with intern- ment at Rose Hills. At 9:45 p.m. the meeting adjourned to 6 p.m. January 3, 1984 in the Conference Room to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. ~~5zr~ City C erk -7- 12-20-83