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HomeMy WebLinkAboutJULY 3,1984_2 25:0985 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the / ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 3, 1984 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, July 3, 1984 at 7:30 p. m. in the City Hall Council Chambers. Dr. William O. Livingston (Member) Arcadia Church of Christ -'~ Mayor Pro Tempore Donald D. Pellegrino PRESENT: ABSENT: Councilmembers Lojeski, Pellegrino, Young and Hannah Councilmember Gilb On MOTION by Councilmember Lojeski, seconded by Councilmember Young, and CARRIED unanimously Councilmember Gilb was EXCUSED. ORD. & RES. It was MOVED by Councilmember Lojeski, seconded by Councilmember READ BY TITLE Pellegrino and CARRIED unanimously that all ordinances and resolutions be read by title only and that the reading in full be waived. ~LANNING COMSN. /PARKING PLACE CDMSN. 1 ARCADIA BEAUTIFUL COMSN. PARKING ~ PL.COMSN. PERSONNEL BOARD PLANNING COMSN. SISTER CITY COMSN. AYES: NOES: ABSENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb PRESENTATIONS Councilmember Young presented Joseph Sargis, outgoing Member of the Planning Commission, with a plaque in appreciation of his efforts and accomplishments during his tenure on the Commission. Mayor Hannah presented James Helms, Jr., outgoing Member of the Parking Place Commission, with a plaque expressing appreciation of his efforts and accomplishments during his tenure on the Commission. OATH OF OFFICE ADMINISTERED The City Clerk administered the oath of office to incoming Commissioners and credentials were presented as follows: Councilmember Lojeski welcomed and presented credentials to newly appointed Arcadia Beautiful Commissioner, Beth Costanza. Councilmember Pellegrino welcomed and presented credentials to newly appointed Jeff Johns to the Parking Place Commission. Councilmember Lojeski welcomed and presented credentials to newly appointed Dick Ehrhardt to the Personnel Board. Councilmember Young welcomed and presented credentials to newly appointed Robert Harbicht to the Planning Commission. Councilmember Pellegrino welcomed and presented credentials to newly appointed Robert Harbur to the Sister City Commission. 7/3/84 -1- RELOCATION APPEALS BD. l. PUBLIC HEARING APPEAL DENIED 11/ fl p& 25:0986 Mayor Hannah welcomed and presented credentials to James Helms, Jr., Robert Margett and Jack Sae1id appointees to the Relocation Appeals Board. Consideration of an appeal to the Planning Commission's denial of Conditional Use Permit 84-8 - a request to allow the expansion of an existing convalescent hospital from 74 beds to 160 beds at the Arcadia Convalescent Hospital, 1601 S. Baldwin Avenue. The Planning Commission at ,its May 22 meeting voted 6 to 0 with one member absent to deny the conditional use permit. It was the consensus of the Commission that the proposed expansion was too intense for the sUbject site and that the site is inadequate for the proposed use in that the 20' wide driveway to the rear parking area was unsafe and too narrow. Council received a communication from Henry Hege, attorney for the applicant, Orlando C1arizio, ex- plaining the reasons for appeal, a petition in opposition to this request, a list of letters received in favor, copies of letters from the Statewide Health Planning & Development, Our Savior Lutheran Church, Arcadia Chamber of Commerce and the Methodist Hospital in favor of the expansion. The City Clerk advised that she had just been presented with a petition from forty local doctors favoring the expansion. 1 Whereupon Mayor Hannah declared the hearing open and Henry Hege, representing Mr. C1arizio, stated in part that there is an immediate need for additional skilled nursing and care facilities. He referred to the State Certificate of Need which was issued to Mr. Clarizio based upon a survey of Arcadia and verification of applications which had been made to the hospital but had to be turned away due to lack of space. He noted legislation which has reduced the average time for Medicare and Medi-Cal patients from nine days to six days in a hospital... the method of reimbursement has also changed for patients. This means that if comp1icati0n arose and the X dollars were used up, there would be no funds for which the hospital would be reimbursed and the immediate care from a convales- cent hospital would be an added requirement. As far as the'issue of density... there is a great increase in demand and he submitted that one bed for 589 sq. ft. would not cause any undue problems ... he drew attention to the fact that this is merely an expansion of an existing facility -- not a new project. With reference to the driveway which was objected to by the Planning Commission, the Arcadia Municipal Code provides for a 20 ft. drive- way for two way traffic and referring to the subject facility, there is very little traffic ... only those who come to visit ... the employees generate the primary traffic. He submitted, in part, that there were no objections made by the various City departments when the driveway was reviewed ... the reason the driveway was changed was to eliminate any noise from the residents to the south of the project. The Planning Department made a very thorough review of the history of the area and the plans ... it recommended approval of the project subject to many conditions with which Mr. Clarizio had expressed his willingness to comply. 1 7/3/84 .' -2- . ,:{;J- .' '.', 25:0987 1 Marjorie Hollinger, 711 Call ita Street, said, in part, that she was speaklng for the homeowners who are against this proposal and referred to the petition which had been signed by over 50 percent of the owner-occupied residents of the area. They are concerned with the density which would be created with the additional beds which was felt to be too great for the size of the subject property. She felt that it would affect the value of the adjacent residential properties ... and the traffic congestion would become worse. The noise from trash pickups, delivery trucks and the turnaround traffic in the westerly parking lot would increase. She spoke in opposition to the proposed underground parking in the front of the building .,. which could become a refuge for undesirable people and she would be concerned about small children on Call ita being allowed to walk past the facility. She submitted photographs which she asked the Council to consider in its decision. At this point, the Planning Director exhibited drawings and ex- plained in detail the plans for the expansion. Don Curry, 705 Callita Street, expressed his concerns about the difference in the existing driveway and the proposed 20 foot drive- way on one side only. He felt in the event of fire the'patients, most of whom are bedridden, would not be able to get out of the building. He noted there is no recommendation from the Fire Chief. The proposed space for the patients will be smaller. He questioned how the applicant went from the original 66 beds to 74 without Council's approval in 1967. He also noted that the subject facility has all of its air conditioning units close to his bedroom window height which is the same with most of the residents in the area. He felt traffic has and will increase .. and the Planning Commission voted 6-0 to deny the application which he asked the Council to take into consideration. Gene Reed, 1511 S. Cambury Street, said he felt the issue in opposing this project is the impact of the expansion on the neighborhood ... which the residents feel would lead to more of a deterioration of the surroundings, and cited some instances where the parking has become a problem. Henry Hege, Attorney for the applicant, spoke in rebuttal stating, in part, that the architect for the project is present and could answer many of the questions which were raised by the residents. 1 John Barakonski, 15300 Ventura Blvd., Sherman Oaks, the architect, said, in part, that the building and existing buildings would cover only 45% of the lot... usually a new project of this type would be . three times the buildable area. He submitted that, in his opinion, the convalescent hospital is an ideal transition between commercial and residential areas. This is only one story high. As to noise it is planned to relocate the emergency generator into the sub- terranean garage. They have complied with all regulations of the State Fire Marshall which are most restrictive, A 20 ft, exit driveway on one side and a 10 ft. one on the other side .. total of 30 ft. exits from the building. As to the size of the rooms which have been referred to as boxes - this is not true ., the rooms are oversized... along with large private rooms with sitting area. Beds are regulated by the Department of Public Health. The air conditioning units will not be exposed to the outside in front of a window... all units will be screened. As to density he felt this has been grossly overstated. The other convalescent hospitals in the area provide one bed for 640 sq. ft. of the lot size. The State has said there is need of more beds in the San Gabrie 1 Valley. 7/3184 -3- ,":: \ 25:0988 Don Curry, 705 Callita, spoke once more '" in part '" that the Certificate of Need from the State does not mean it has to be in Arcadia ... it can be anywhere in the San Gabriel Valley and Southern California. He noted the other cities where there are convalescent hospitals ... there are expansions very close by. He was not against convalescent hospitals .,. there is a need for them ... but the subject property is a small lot ... Baldwin Avenue is a busy street ... put it over to the other side of Arcadia it just should be located else- where. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Pellegrino, seconded by Councilmember Lojeski and CARRIED. In response to a question by Councilmember Young the Fire Chief said, 1 in part, that the minimum requirement is for 20 ft. width for access of the fire apparatus and if the driveway is in excess of 300 ft. in depth, there must be some provision to turn the truck around so it can get out again. As to the subject development, it would have to comply with the Fire Code .,. that to the best of his knowledge, it is currently up to code as far as the fire requirements. Councilmember Pellegrino stated, in part, that there is a movement on State and Federal levels to keep on top of such facilities ... that a Certificate of Need comes with a lot of strings attached, He would like to see the project constructed with lesser density... that one could not live with dignity and pride in such a small room. He could see where the residents could be annoyed with the traffic ... but there is not a high volume of traffic except on special days, like Mother's Day, etc. He did not like the wall on the south side ... nor the density of the project. He felt the plans should be changed and be brought back with fewer bed spaces. Councilmember Lojeski stated, in part, that he had some of the same concerns as those submitted by Councilmember Pellegrino ... that Arcadia is not Beverly Hills or Santa Monica for instance '" part of the pleasures of living in Arcadia has been the prudent planning of the Planning Commission and staff. He expressed concern with the density and the narrow driveway should an emergency occur, the fire truck could not turn around ... Baldwin Avenue is such a busy street. He said that he is not against the expansion of the facility, but against the way it is presented at this time. He would like to see more open space ... and the parking appears to be inadequate. He would encourage the applicant to redesign the project so it meets the Code .., there are specific reasons for specific purposes .. and come back with it within the limitations of the Code ... that he could not foresee a problem on the project. Councilmember Young agreed. Mayor Hannah said, in part, that in going through the file, he did not see where the building was going to be sprinklered, but he 1 assumed it will be and that the fire protection required will be enforced with proper turnarounds and the like. He, too, was con- cerned with the density... Arcadia is really a residential city, He could appreciate the fact that there is a definite need to care for the older people. He was also struck by the fact that the number of beds was increased ,from 66 to 74 without a resolution of Authoriza- tion '" he would like to see some of these questions answered if the applicant comes back to the City Council. Councilman lojeski MOVED to deny the appeal and that staff prepare the appropriate resolution;,;ncorporat,ing the denial and findings in support of such decision. Motion seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb 7/3/84 _11_ , \ "'.\\\\i~.\ ""':1)\' .'1'\, 2. PUBLI C HEARING (Zone Change) APPROVED 1 3. HEARING (EIR First & Huntington) APPROVED (I',(IS ~,.1D ' 1 2:5:0989 Consideration of zone change from CoO (Professional Office) to R-3 (Multiple Family Residential) for property located at 646-650 W. Huntington Drive. The site is currently vacant on which the applicant, Falzone Development Company, intends to construct a condominium, The Commission felt the requested zone change would promote an appropriate improvement for the area - all consistent wi th the Genera 1 Pl an. Mayor Hannah declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Counci1member Young, seconded by Counci1member Pellegrino and CARRIED unanimously. It was MOVED by Counci1member Lojeski, seconded by Counci1member Pellegrino and CARRIED on roll call vote as follows that the Negat- ive Declaration be approved and filed and find that the project will not have a significant effect on the environment and that the City Attorney prepare the appropriate ordinance for introduction. AYES: NOES: ABSENT: Counci1members Lojeski, Pellegrino, Young and Hannah None Councilmember Gi1b Consideration of the Draft Environmental Impact Report prepared for the proposed Arcadia Financial Center to be located at the northwest corner of First Avenue and Huntington Drive to be con- structed by the Falzone Development Company. Staff advised that the purpose of this hearing is to take input from the Council and the public on the draft EIR, It was noted that Sam Falzone, the developer, Frank Wein of Donald A, Cotton Associates and Tom Griffiths of Barton and Ashman, Traftlc Consultants were all at this meeting, Councilmember Lojeski referred to staff communica- tion of June 21 under "Major impacts identified and findings in the Draft include: Item No, 2. ... th'e use of mirrored glass is not the most appropriate treatment for this site ... the EIR recommends that another building texture be used which better blends into the existing downtown area. He also referred to Item No.1. ,.. A recommendation to downsize the office building by approximately 1/3 (from 110,000 sq. ft, to 78,000 sq. ft.) to conform to the zoning ordinance and the surrounding scale of develolpment in downtown". Councilman Lojeski continued, in part, that he would like to know just what both of the above references mean -- "what blends into the existing downtown area" and "just what the surrounding scale of development in downtown Arcadia is". He felt the first reference should be struck from the draft EIR ... he could accept the comment maybe of other materials to be used which would be a more appropriate treatment rather than strict mirrored glass ... he thought that was a subjective decision by someone, Staff will incorporate the state- ments of Mr. Lojeski in the final EIR. In response to an inquiry from Councilmember Pellegrino as to just what an EIR is supposed to do -- Frank Wein, 1028 N. Lake Avenue, Pasadena, CA, stated, in part, that an EIR is an information document - it is to identify either by quantitative or qualitative analysis potential impacts ... it is informat~on for the public as well as the decision makers ... to determine whether or not the project has potential environmental impacts that may need to be modified ... that he derives his data from surveying the area in person, driving the area, familiarity with the area in discussions with staff. Councilmember Young felt the Council would benefit by hearing from Mr, Falzone as to the changes which are going to take place. Where- upon Sam Falzone stated: "Basically at the Parking Commission report, we have gone ahead and we did a study right after reading the EIR and realizing, in most instances, people like to see the objections of an EIR addressed. We had the architect do a study and we did 7/3/84 -5- 25:0990 downsize the buildin9 approximately 40,000 sq. ft. from what it was originally -- gone to completely self contained parking which is three floors of subterranean parking and approximately 36 spaces I think it is -- on the first floor and what we call a mezzanine floor -- for parking directly behind the building. The building has been downsized in width primarily. The aesthetic value of it, which we happen to like a lot, has really not changed much. What we've done now is, instead of 17,000 sq. ft. of retail space on the first floor, we're 'winding up with approximatley 10,300. The second story is approximately 23,000 feet. That now has a net sq. footage of around 18,500 or gross about 20,000 sq. ft. The third floor still maintains the private health center for the building, a running track around its perimeter, swimming pool for the use of the building, and 1 that floor is, in space, 7,500 sq. ft., with the other amentlties to the outside of it, Floors four through six are approximately 8,000 to 8,500 sq. ft. in area. And floor seven is 5,000 sq. ft. in area, which has some patio areas around the 5,000 foot area and that we designated for a restaurant area. That's about it the total building now is around 70,000 to 75,000 feet -- with approximately 315 car parking." Council expressed a desire to move ahead as rapidly as possible on this prOject and staff outlined just what must be accomplished henceforth ... and felt it could be done in two months -- to bring back the final EIR as well as the final DDA (Disposition and Develop- ment Agreement). Mr. Falzone said he would like to start in January of 1985 '" this would not interfere with the Christmas activity in the business area. He also is hoping for completion by Christmas of 1985. 1 7/3/84 -6- 1 1 4. 5. 5a. ROLL CALL 5b, & 5c. JUL Y 10 5d. SPECIAL COUNSEL APPROVED (Sabo) f\ '/Jq1~ I f e. ADJOURNMENT TO J UL Y 1 0 6. 7. 25 :0991 Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Lojeski, Pellegrino, Young and Hannah Agency Member Gilb On MOTION by Member Lojeski, seconded by Member Pellegrino and CARRIED, Member Gilb was excused. Two items continued to July 10 -- 1) Design review - proposed American Savings and Loan Office, 30 S. First Avenue, and 2) Request for time extension on the Exclusive Right to Negotiate (Falzone). Staff advised that, due to a substantial time commitment required of the current Agency Special Legal Counsel, Murray Kane, staff has reviewed the possibility of retaining a new Special Counsel, Recommendation was made in the report dated June 28. It was noted therein that Mr. Kane will still be needed for certain items pend- ing at this time and with regard to possible background information for matters previously handled by Mr. Kane. It was MOVED by Member Lojeski, seconded by Member Young and CARRIED on roll call vote as follows that the current agreement with Weiser, Kane, Ballmer and Berkman be terminated subject to a letter commitment to pay for their remaining services at a rate structure set forth in said report; that an agreement be authorized (approved by the City Attorney) for the services of the law offices of Timothy J. Sabo at rates specified in the staff report. AYES: NOES: ABSENT: Agency Members Lojeski, Pellegrino, Young and Hannah None Agency Member Gilb Meeting adjourned to July 10 at 7:00 p. m. Council reconvened. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, was advised to confer with the City Manager concerning the collection of a larger percentage of the sales tax '" that the matter could become an agenda item for discussion. Mr. Fletcher submitted a press article concerning the budget adopted by Temple City. He suggested that Council have staff see whether or not contract cities are being subsidized with county tax funds which are collected from residents of a City like Arcadia, In relation to constructing an auditorium, he suggested that Council consider having persons interested in an auditorium take a survey by talking to service groups, schools, churches, etc., to find out who would use such a facility and how often ... in that way, Council could measure whether or not the investment would be worthwhile ... he felt those persons in favor of an auditorium ought to be willing to put in the time to do this. Robert Kladifko, 348 W. Las Flores Avenue, member of the Arcadia Board of Education, expressed appreciation for the funds Council made available for improvement of school playgrounds. He suggested that Mr. Fletcher contact the School Superintendent to ascertain the times the school might use an auditorium. He felt the School District would be a prime motivator and user for an auditorium. He expressed the desire to continue to establish good relation- Ships between the two elected bodies ... City Council and the School Boa rd. ~1ayor Hannah commended the Di strict for the good job it is doing. 713184 _ 7_ 8. f 8a. TRACT NO. 32259 Tentative Extension 18b, ANNUAL OPERATING COSTS - LIGHTING 8c. I PROPOSED UNDERGROUND UTILITY DISTRICT 9 (Hearing August 21) 8d, AWARD OF CONTRACT (Streets) Job 557 F JL.{/ob c:.-rs f,.-r 8e. STREET LI GHTS (Pole Agreement) Olympics 1~ 8g. LEAVE/ ABSENCE (Phillips) 25:0992 Gail Melom, 78 W. Winne Way spoke at length to an agenda item concerning a petition for a stop sign at West Winnie Way and Andrews Road. She expressed concern at the number of accidents at the intersection caused by the speed of traffic ., there are no sidewalks and the children ride their tricycles and bikes there .. 27 residents of the neighborhood signed the petition in support of the stop sign. She asked approval of the request. (Council did approve this. See page 11,) Ray Brockus, 1309 Standish Street,expressed conceln that a fourth fire station in the southern part of the City was not included in the Capital Program and asked Council to reconsider this project. CONSENT ITEMS 1 APPROVED the six-month time extension request of Solos, Inc" owner - developer of a proposed seven unit residential condominium at 818 W. Duarte Road -- this would expire March 2, 1985. RECEIVED and APPROVED the annual estimate of costs of operating the Arcadia Consolidated Lighting District. The costs of operating each zone was set forth in staff report dated July 3, 1984. Finance Director was AUTHORIZED to develop a tax rate based on this informa- tion. RECEIVED and considered the justifying criteria for the creation of Underground Utility District No.9. This is necessary due to the heavy concentration of traffic along Huntington Drive between Baldwin and Michillinda Avenue. The City Engineer ~ill submit a report outlining the costs of such a district and a public heering is required -- this was scheduled for AUGUST 21. AUTHORIZED the award of the contract for reconstruction of various streets Job No. 557 to Vernon Paving Company in the amount of $209,230 and AUTHORIZED the Mayor and City Clerk to execute the contract in form approved by the City Attorney. Also appropriated $240,000 from State Gas Tax Funds to cover the cost of con~truction, engineering, inspection, and contingencies. All other bids were rejected and any inform?lities or irregularities in the bids or bidding process were wa i ved. APPROVED an Olympic Display Agreement with the Southern California ~dison Company and AUTHORIZED the City Manager to execute same in form approved by the City Attorney. This permits 150 American flags to be placed on streetl ight poles on Huntington Drive' between Michillinda and Fifth Avenue, Santa Anita from Campus to Route 210 Freeway, Colorado Place, and Baldwin Avenue from Duarte to Colorado Street. This would be during the month of July through the end of the Olympic Esquestrian activities at the Santa Anita Race Track. 1 APPROVED the request of Cheryl Phillips, Police Clerk, for maternity leave of absence without pay starting the week of June 17. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCIL- MEMBER PELLEGRINO, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb 7/3/84 -8- 8f. STOP SIGN WINNIE WAY & ANDREWS RD. APPROVED .5; 55 1 9a. EMPLOYEE INSURANCE APPROVED J ['IS' J~" " 9b. TRAFFIC (LOVELL & DUARTE) #-j~ 5;1'#1 1 25:0993 Petition requesting stop sign at Winnie Way and Andrews Road. (During the audience participation time, Mrs. Gail Melum of 78 W. Winnie Way asked Council to approve this installation for safety reasons.) Councilmember Lojeski said, in part, that he has visited the location and would be in favor of the stop sign if it would lend better traffic and speed control,.. that he was impressed with the signers of the petition because the residents are not opposed to it particularly those who live on the corner who are typically the ones against having a stop sign where the cars have to stop, Whereupon he MOVED that the stop sign be installed. Motion seconded by Councilmember Pellegrino and CARRIED on roll call vote as follows: AYES: NOES: A8SENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb Council received and considered the Committee's recommendation for a change of an insurance provider for employee health, dental, and life insurance benefits dated July 3. The Committee consisted of two members each from the Police, Fire and AFSCME and one each from the Library and General Administration, The recommended coverage would replace the City's existing self-insurance plan. It was MOVED by Councilmember Lojeski, seconded by Councilmember Young, and CARRIED on roll call vote as follows that Council approve the Committee's re- commendation and to enter into an agreement with Mutual of New York (MONY) to provide employee medical, dental and life insurance for 1984-85. The Mayor and City Clerk were AUTHORIZED to execute the agreement in form approved by the City Attorney. AYES: NOES: A8SENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb Council received the staff report on traffic problems on Lovell Avenue and traffic signalization at Lovell and Duarte. 8ased on public input on May 15, Council considered the problems of on- street parking, street drainage, driveways serving the complex at said location and directed staff to investigate and report back as to the need of traffic signals at the intersection of Duarte and Lovell, Staff submitted the report and the Director of Public Works summarized same -- stating, in part, that relative to the on-street parking on Lovell, it is obvious that during normal office hours at the medical complex, parking is congested on Lovell from Duarte to Naomi and for a short distance on LeRoy. The public indicated at that time that they felt on-street parking would be cleared up if the driveways to the medical complex were closed. Staff felt a more immediate solution would be to impose a two hour parking restriction during normal business hours .., during other times of the day and on weekends, residents could park on-street without having to observe the two hour limit. As to drainage problem on Lovell -- Council approved the storm drain project in the Capital Improvement Program for 1984-85 which provides for the installation on Lovell from Norman to Naomi. As to the driveways serving the medical complex, staff had conferred with Dr. Holman about this and reference was made to a communication from Dr. Holman in which he stated he would be willing, if requested to do so by the City, to give up the southerly driveway on Lovell, adjacent to the 622 building as part of his next development project. He would not be willing to close the northerly driveway and the Fire Department has stated that this driveway is essential to their pre- planned fire prevention procedure for the 612 eight story med1cal building. 7/3/84 -9- 25 :0994 As to the traffic signals on Duarte at Lovell, staff did not recommend such installation '" while such installation can be justified, there appears to be no justification for right of way control based on accident frequency, excessive delay, confusion or hazardous conditions. Further, the operation of traffic signals at this intersection would assume actuated basis whereas traffic on Duarte would only be interrupted by waiting vehicles on Lovell. It was felt this would be detrimental to smooth traffic flow on Duarte and would create congestion at nearby driveways due to backup. In response to Counci1member Lojeski 's inquiry about restricting parking to specific hours on Lovell, the Director of Public Works explained that they normally install parking restrictions of that nature only by request of the affected distance measured from the 1 property owner ... they post one side of the street -- which would drive them to the other side of the street. It would require the cooperation of the property owners and the businessmen in the area to really attack the problem. A petition could be handled administra- tively ... it would not have to come to Council. Mrs. Mae McKernan, 1325 Lovel1,referred to what she felt is a useless traffic signal at Huntington Drive and LaCadena, a residential area, and not have a signal at Duarte and Lovell where there is so much traffic. She noted accidents which have occurred in the area ... there is nothing to deter speed of traffic '" they do not have a decent buffer zone such as a six foot high block wall with overhanqing oleanders, for instance. It was noted that the only item before Council at this time is the requested report on traffic signalization and Counci1member Lojeski suggested if there is an affirmative feeling that such a signal is necessary, he would appreciate that information '" this could be in the form of a petition to Council. Mayor Hannah said, in part. that Council does not have the right to go in and close the driveways to the existing properties ... the drainage has been taken care of and the consideration at this time is the traffic signal. He did suggest that Mrs, McKernan confer with the City Manager and the Director of Public Works on matters other than the traffic signal. Counci1member Pellegrino disagreed with the recommendation of staff to not install a traffic signal at the subject site. He felt Duarte and Lovell is a dangerous corner and he would like to see the signal placed there. Counci1member Young agreed and also felt the signal at Huntington Drive and LaCadena was not needed inasmuch as there is so little foot traffic '" whereas there is a lot of foot traffic around Duarte and Lovell. Counci1member Lojeski said, in part, that he is not in favor of or against the signal -- except he would like more information -- he would like to be able to substantiate the reasoning for installing a signal and not find out later that perhaps the bus,inesses in the area would be adversely affected .. or that it would cause a bigger traffic problem than is there already. Mayor Hannah commented, in part, that he spent an hour driving around the area '" that he doesn't think two wrongs make a right necessarily. As to the signal at LaCadena and Huntington Drive, perhaps that is at the wrong location .., unfortunately once a stop light is in, it is very difficult to remove it. His concerns were the same as Councilmember Lojeski's ... what would it do to traffic on Duarte Road? 1 7/3/84 , . ," --~,'- -10- 1 1 10. ORDINANCE NO. 1793 INTRODUCED v 11. 12. 25:0995 The Director of Public Works stated, in part, that the speed zoning on Duarte Road is 35 mph ". as to the dangerousness of the inter.' section, he cited fr-c:m the official record... there have been four accidents there -- one in 1979, two in 1982 and one in 1983 ... one of which would have been corrected had a traffic signal been there. He agreed there is fast moving traffic on Duarte Road, but the accident statistics between Lovell and Baldwin have decreased tremendously since the continuous left turn lane was put in ... in 1976/77. It was MOVED by Councilmember Pellegrino, seconded by Councilmember Young and CARRIED on roll call vote as follows that a traffic signal beinsta 11 ed. AYES: Councilmembers Lojeski, Pellegrino, Young and Hannah NOES: None AYES: Councilmember Gilb The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1793 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING SECTION 6220.33 OF THE ARCADIA MUNICIPAL CODE RE MOTION PICTURE FEE AND ADDING DIVISION 6, ARTICLE VI TO THE ARCADIA MUNICIPAL CODE REGARDING REVISED FEE AND REGULATION OF MOTION PICTURE FILMING IN THE CITY OF ARCADIA." AYES: NOES: ABSENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb MATTERS FROM STAFF The City Attorney referred to litigation which recently threw out the City of Azusa's ordinance on fortune telling. That ordinance is similar to Arcadia's. The Supreme Court will soon hear the case and he suggested that Arcadia add its name to a brief in support of the Azusa ordinance which would, in effect, be in support of our own fortune telling ordinance. It is hoped that it would have some persuasive value... there would be no liability exposure and no 1 ega 1 expenses. It was MOVED by Councilmember Lojeski, seconded by Councilmember Pellegrino and CARRIED on roll call vote as follows that the City Attorney be authorized to file a support brief, AYES: NOES: A~SENT: Councilmembers Lojeski, Pellegrino, Young and Hannah None Councilmember Gilb MATTERS FROM ELECTED OFFICIALS Staff will investigate a situation'brought up by Councilmember Pellegrino - located at 131! E. Huntington Drive. Mayor Hannah spoke of a communication he had received from the Fireworks Committee of the Arcadia American Legion Post No. 247 complaining that some of the fireworks' stands are in violation of the City Code and the regulation on pennants and flags and that some of the stands are being operated by persons other than the individual to whom the permit was issued. Councilman Lojeski said he too had received phone calls about the same matter, The City Attorney will check into this. 7/3/84 -11- 25:0996 ADJOURNMENT to 7:00 pm JULY 10, 1984 Councilman Pe11egrino,ADJOURNED the meeting in memory of Mrs. Malley Darling, mother of Beth Constanza who passed away recently. She was a long time resident of the,~ity. The meeting was adjourned to 7:00 p. m. JULY 10, 1984,in the Conference Room to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, 1 itigation matters,' and evaluation of properties. 1 ATTES'I': ~~~~ City C1 erk 1 713184 -12-