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HomeMy WebLinkAboutJANUARY 20,1981 (2) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION (Bednark) HEAR ING R-2 Zoning (February 3) / I HEARING Tract No. 41430 Tenta tive Map .APPROVED . J f'. S;\,;f' 25 :0202 MINUTES CITY COUNCil. OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 20, 1981 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session at 7;30 p,m, January 20, 1981 in the Arcadia City Hall Council Chamber. Rev. Robert Maloski, Assistant to the Minister of the Santa Anita , Chu rch. Police Lieutenant Thomas Bednark. PRESENT: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on the following roll call vote the minutes of the regular meeting of December 16, 1980 were APPROVED with a change in the trans- cript, page 58. The minutes of the regular meeting of January 6, 1981 were also APPROVED in the same motion. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None On behalf of the City Council and the City Staff, Police Lieutenant Thomas Bednark was presented with a Certificate of Commendation for his 33 years of service to the City. Lieutenant Bednark has retired and will be leaving the City. The Planning Commission at its December 9, 1980 meeting voted 5-0 with 2 members absent, to adopt Resolution No. 1152 recommending approval of a text amendment to amend the Medium Density Multiple-Family Residential zoning regulations of the Arcadia Municipal Code, The purpose would be to correct inconsistencies between the existing R-2 and R-3 zoning regu- lations. The Commission felt the existing R-2 development standards, i. e., parking, driveway and open space requirements, should be essentially the same as in the R-3 standards. Mayor Pellegrino declared the hearing open. No one desiring to speak at this time it was MOVED by Councilman Gilb, seconded by Councilman Hal- tom and carried on roll call vote as follows that the hearing be continued to February 3, 1981. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The Planning Commission at is meeting of December 23, 1980 voted 5-0 with 2 members absent, to approve the tentative map of Tract 41430 for a 7 unit residential condominium at 329-331 E, Duarte Road subject to conditions set forth in its report. Mayor Pellegrino decLared the hearing open and Warren D, Williams, 411 E. Duarte Road, said in part that he is generally in favor of this project -1- 1-20-81 HEARING Ten ta the Map Tract No. 41574 APPROVED , fl. e -; i ,/ ,/' ~;) HEARING 423-425 LeRoy Covenant required p: ~IDI) 25:0203 and felt it would be an improvement to have the proposed complex, He propounded some questions concerning various aspects of the proposed structure. The Planning Director responded to each and it was suggested that Mr. Williams visit the Planning Department and review the plot plan along with all of the requirements with which the developer must comply. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gi1b, seconded by Councilman Haltom and carried, It was fur- ther MOVED by Councilman Gilb, seconded by Councilman Sae1id and carried on roll call vote as follows that the Negative Declaration be APPROVED and FILED and find that the project will not have a significant effect on the environment; that the tract is consistent with the General Plan and that the waste discharge would not result in a violation of the ex- isting requirements set forth in the Water Code; that the Director of Public Works be authorized to approve the Subdivision Agreement for Tract No. 41430 - that the subject tract be approved subject to all outlined cond i tions , I AYES NOES ABSENT: Councilmen Dring, Gi1b, Haltom, Sae1id, Pellegrino None None The Planning Commission at its meeting of December 23, 1980 voted 5-0 with two members absent, to approved the tentative map of Tract No. 41574 for a 7 unit residential condominium at 509 W, Duarte Road sub- ject to all of the outlined conditions, Mayor Pellegrino declared the hearing open and David Mi, 230 S. Atlantic, Alhambra, architect for the development, explained what has transpired with the fence situation --- that it has been resolved to the satisfac- tion of all concerned, No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Gi1b and carried. It was further MOVED by Councilman Dring, seconded by Council- man Saelid and carried on roll .call vote as follows that the Negative Declaration be approved and filed and find that the project will not have a significant effect onthe environment; that the tract is consistent with the General Plan and that the waste discharge will not result in a viola- tion of the existing requirements of the Water Code; that the Director of Public Works be authorized to approve the Subdivision Agreement and that the Tract be APPROVED subject to all conditions. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Appeal filed by Alex Peck from the decision of the Planning Commission in its denial of his request for removal of a condition imposed in the approval of a modification request for permission to construct an addi- tion to the main dwelling at 423-42'5 LeRoy Avenue. There is a rental unit on the property. It was noted that the Commission voted 5-0 with 2 members absent to deny the appeal made to the Commission on this same subject. Permission for the addition had been granted and one of the conditions was that Mr, Peck. sign a covenant which would run for a period of 20 years in which to bring the lot into conformity with the Code. It is the long term goal of the City to eliminate second dwellings on single family zoned properties. I Mayor Pellegrino declared the hearing open and Mr. Peck said in part that he purchased the property in 1961 primarily because it did have a modern main dwelling and a rental which provides some income. He asked that the requirement for the covenant be removed. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Sae1id, seconded by Councilman Gi1b and carried unanimously. It was submitted that the requirements of a 20 year abatement period -2- 1-20-81 I ROLL CALL TRn.CO 202-14 N, First Av, Concept Plans APPROVED 'i 'I, ,> ~ '/,I rl New Development s/w corner First and St. Joseph I I 25:0204 is reasonable and it was not felt that an undo hardship would exist with relation to the property owner who is residing in an R-l area if.he were required to execute the covenant which would run until the year 2001. Whereupon it was MOVED by Councilman Haltom, seconded by Councilman Gilb and carried on roll call vote as follows that the appeal for the removal of the requirement for the recording of a covenant for the removal of the kitchen facilities in the non-conforming rental unit within 20 years be and it is hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None .None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: . ABSENT : Members Dring, Gilb, Haltom, Saelid, Pellegrino None 11J Staff reported on a proposal submitted by John Trlica, 214 N. First Avenue for an industrial building at 202-214 N. First Avenue, The Gen- eral Plan designation for this site is industrial and is presently improved with a one story building. The surrounding areas are all M-l, also with a mixture of industrial and residential to the north. John Trl~ stated in part that he plans to remove the existing structure and construct a two story 6500 sq, ft. industrial building, The requirement for 25 parking apaces has been allowed for in his plans, Because a parking space slightly encroaches into a portion of the land- scape buffer a modification would be required which would also be required for five parking spaces which would not be easily accessible. The Director of Public Works has reviewed the plans and has no objection to the proposed roof to project two feet over the public parkway. Projecturals of the proposed project were reviewed and explained by Mr. Trlica. It was noted that the developer will still have to gain city modifications. Whereupon it was MOVED by Member Saelid, seconded by Member Haltom and carried on roll call vote as follows that the concept plans be approved as recommended by staff. AYES NOES ABSENT: Members Dring, Gilb, Haltom, Saelid, Pellegrino None None Staff advised of interest on the part of Neptune & Thomas, architects, in property partly owned by the City, the Santa Fe Railroad, and the Acapulco Restaurant at the southwest corner of First Avenue and St. Joseph Street. It was the consensus of the Agency members that this would indeed be the type of quality development it would regard highly. It was MOVED by Member Gilb, seconded by Member Dring and carr1ed on roll call vote as fol- lows that staff discuss this with all parties involved, AYES NOES ABSENT: Members Dring, Gilb, Haltom, Saelid, Pellegrino None None It was MOVED by Member Dring, seconded by Member Gilb and carried unani- mously that this meeting be adjourned to the closed session following this meeting. ADJOURN & RECONVENE AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, stated in part that if it should be legal perhaps the City should consider becoming involved in all of the land in the redevelopment area as being the buyer and seller and granting -3- 1-20-81 'IV e ,}., /1 0' j < TRACT NO. ~9239 F mAL MAP APPROVED ,{ WORK f ,<<- ACCEPTANCE ( "j'/Ifr' WORK I' ? ACCEPTANCE DIAL-A-RIDE (f~l?':' TRANSIT GRANT FUNDS APPROVED r~QUIPMENT PURCHASE (Radios 6< Chargers) Police Dept. 25 :0205 exclusivity rights to whomever becomes the buyer --- not for the buyer's advantage but for the advantage of the seller of the property who owns it now because the City can offer the property to a person who can expense off quite a bit ... this in reference to the transaction underway with Hometels. CONSENT ITEMS APPROVED final map of Tract No. 39239 for an eight lot single family sub- division at 143 o Sycamore Avenue subject to the condition that before the final map is recorded all outstanding conditions of approval must be com- plied with and that the monument inspection be completed as per the County Engineer's requirements. ACCEPTED the work and authorized final payment pursuant to the terms of the contract performed by Gemi, lnc" contractor for the Storm Drain Job No. 485. I ACCEPTED the work and authorized final payment pursuant to the terms of the contract performed by Crowell 6< Larson, contractor for Santa Clara Street Improvement Job No, 492, CANCELLED the existing procurement for the operation of a dial-a-ride service with Community Transit Services, Inc., and AUTHORIZED staff to prepare and distribute a new Request for Proposal consistent with office of Management and Budget Circular A 102, attachment 0, AUTHORIZED staff to file an amended claim for maximum eligible TDA and SB-620 funds for FY -1980 and FY 1981, and file an amended Transportation Improvement Program, including carryover of maximum remaining prior years' UMTA Section 5 allocations and grants, ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN GILB, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Council received result of bids received and the staff recommendation for the purchase of ten (10) portable radios which was based on the evalu- ation performed by the Radio Consultant, Miguel Santana. It was recommended that the bid submitted by Motorola be accepted in the- amount of $14,045 for the ten radios and chargers. During this consideration Tom Winford of RCA was advised on reasons for the recommendation for Motorola instead of RCA which submitted the lowest bid, Some discussion held on whether or not the bid specifications should have been formulated in such a manner that it would not have encouraged, for example, RCA to bid on something which would not meet specifications of the Police Department. The City Manager explained why they did not want to go with closed specifications and discourage competition; that the recommendation had to be based upon the lowest and best for the City and that legally the City can take the lowest and best bid as meets the user. Mr. Santana is a qualified expert having been in the field since 1952. I It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that Council AUTHORIZE the purchase of ten portable radios from Motorola in the amount of $14,045 on the basis that this is the lowest qualified bid in terms of being similar to the equipment currently on hand and minimizing the parts required for maintenance and fitting the cases currently in use in the Police Department. AYES NOES ABSENT : Councilmen GiIb, Saelid, Pellegrino Councilmen Dring, Haltom . None -4- 1-20-81 CHARITABLE & RELIGIOUS SOLIC ITA TION FEES (Deleted) I I ORD INANCE NO, 1714 INTRODUCED I PURCHAS ING MANUAL APPROVED f I v 1 : ~.,C~ ~! APPROPRIA- TIONS LIMITATIONS REPORT 25:0206 Recommendation to delete the application fee for charitable and/or re- ligious solicitation permits. It was noted in the staff report that Or- dinance No. 1702 now requires an applicant to pay a fee of $25 as the cost of processing the application unless it is stated in the application that the applicant is indigent. The City Attorney explained that the proposed ordinance eliminates the fee for everyone - not just those on a list which had been submitted ... that it is not discriminatory. Councilman Haltom said in part that the fee is very minimal and could not see any reason for not charging .. that they enjoy the facilities of the City the same as other vendors and associations who must pay the fee .. he is not against charitable organizations. Councilman Dring felt that the fee is not significant but it does defer the cost of processing the appli- cations and it would seem appropriate to continue the fee requirement. Councilman Gilb observed that the monies collected by the organizations all go to religions and charity and Councilman Saelid said in part that Council has always waived the fee and this would simply make it a matter of city policy and they wouldn't have to come to Council. Whereupon the City Attorney presented for the first time and read the title of Ordinance No. 1714 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 6613.2 TO DELETE THE $25 APPLICATION FEE FOR CHARITABLE AND RELIGIOUS CERTIFI- CATES ." It was MOVED by Councilman Gi1b, seconded by Councilman Sae1id and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1714 be WAIVED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Sae1id, Pellegrino None None It was further MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that Ordinance No. 1714 be INTRODUCED. AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None Council received and reviewed the recommended code changes for centralized purchasing set forth in a proposed Purchasing Manual. It was MOVED by Councilman Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that the City Council adopt the rules, policies and regula- tions outlined in the proposed Purchasing Manual and that the City Attorney be instructed to prepare the necessary code provision changes for Council approva 1. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Council received a report relating to the implementation of the Gann Initia- tive (Proposition 4) Code Section 7910 State Revenue and Taxation Code which requires each local government to establish its appropriation limit by reso- lution each year. Because of the problems in the implementation the State Legislature adopted Senate Bill 1352 in order to clarify the provisions of the initiative making it possible for cities to implement the initiative. The report follows to the letter the recommendations of the League of Cali- fornia Cities Board of Directors. Staff explored the material in detail. It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the City Attorney be directed to prepare a resolution adopting the Appropriation Limitation in conformity with Cal- culation No. 1 as presented. -5- 1-20-81 ADVERTISE FOR BIDS Extens ion of Third Avenue r, r' I~ tl7" I CONTRACT AWARD TRAFF IC SIGNALS (Steiny & Co.) r i G "j 1.. I RESOLUTION NO. 4932 ADOjD 25 :0207 AYES NOES ABSENT: Councilmen Gilb, Haltom, Saelid, Pellegrino Councilman Dring None Council received the plans and specifications for the extension of Third Avenue, dead end north of Huntington Drive to Santa Clara Street Job No. 504. This would create a connection to Santa Clara Street but limited to full width asphaltic pavement within the limits of the right-of-way acquir- ed from Maidie T. Bong. Concrete curbs, gutters and sidewalks will be con- structed when the property is developed to a higher use. The project will be financed from State Gas Tax Funds. Councilman Haltom referred to some of the streets which he said are in need of repair. qe was not critizing the Director of Public Works but felt Council should start appropriating more funds for this repair and worry a little I less about expansion ... the priorities might be changed to not only think in terms of future expansion but think about the streets. The Director of Public Works commented in part that the street repair is an on going main- tenance project and it is difficult to keep abreast of the problem. In response to Councilman Dring's inquiry about slurry seal and pavements which are so badly in need of repair that the danger becomes a liability on the city, the Director of Public Works explained the slurry seal program in detail - that based on the available funds the maintenance crews repair pot holes and crack sealing in. preparation for the slurry seal... they take the worst areas and do the best job they can for the amount of money. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the plans and specifications be APPROVED and that the City Clerk be AUTHORIZED to advertise for bids. (To be financ- ed from State Gas Tax Funds). AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None Council received the results of bids received and recommendation for the award of contract for the modification of traffic signals at Santa Anita and Foothill Boulevard. Staff advised that the low bidder, Webb Electrical Construction Company, had withdrawn its bid due to an error in material price and now recommended the contract be awarded to the second lowest bidder. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the contract be awarded to Steiny & Company in the amount of $17,153.00; that any in- formalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute a contract in form approved by the City Attorney. This project will be financed from County Aid to City Funds, AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Councilman Saelid presented, explained the content and read the title of I Resolution No. 4932 entitled: '~RESOLUTION OF THE CITY OF ARCADIA COM- MENDING THE ARCADIA APACHE MARCHING BAND ON RETIRING THE SWEEPSTAKES A- WARD AT THE ALL-WESTERN STATES BAND REVIEW ON THREE SEPARATE OCCASIONS." It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4932 be waived and ADOPTED. AYES NOgS ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -6- 1-20-81 .r,/ f,,(;vl .~ CLAIM REJECTED (Wa lker) CONFERENCE (City Atty.) APPROVED I I CONFLICT OF INTEREST ARA I IN MEMORY o F GLEN KIERSEY I A.,O"""" 25:0208 It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the claim of Michael Walker be rejected. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The request of the City Attorney to attend the American Bar Association in Houston, Texas to present a paper on the law of architectural control was APPROVED on MOTION by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows with an appropriation authorized for $750. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Councilman Saelid referred to a recent article in various newspapers concerning questions brought up by Councilman Dring as to whether or not Mayor Pellegrino had a conflict of interest when voting on redevelopment projects. The City Attorney had ruled that he did not. Discussion was held and Councilman Saelid made a censure motion, seconded by Councilman Gilb, which was later withdrawn at the request of Mayor Pellegrino. (DUE TO THE DURATION OF THIS DISCUSSION A TRANSCRIPT HAS BEEN PREPARED AND IN- CORPORATED HERE IN BY REFERENCE). Councilman Saelid MOVED to adjourn the meeting in memory of Glen Kiersey who passed away recently. "Mr. Kiersey was a fourteen year employee of the City. He was born in Oklahoma. While in the service during World War II he was captured in Italy. He escaped and eluded his captors for nine months with the help of local Italian partisans. He was subsequently reunited with the Allied Forces. Following the war he moved to California and in 1949 Glen and Frieda were married and raised two daughters. Mr. Kiersey worked in the construction trade with his brother until September 1964 when he came to work for the City as a building inspector. Although Glen was strict in his enforcement of the code he took the time to explain to many of the younger contractors and builders how to do a job right. "In 1977 Glen was diagnosed as having terminal illness. Despite this condition he continued to serve as building inspector for the City until his retirement as a Senior Building Inspector on January 31, 1979. Glen was very active in the First Baptist Church of Temple City. He served as a Sunday School teacher and contributed his services in various construc- tion activities of the Church. He was voted by the members of the church as the "Chris tian of the Year" for his dedica tion and service to the Church and the community. Upon retirement he took a more active role in the Church and continued to work part time in construction until his death on January 13, 1981. He is survived by his wife, Frieda, and daughters Karen and Ethel, their husbands and one grandchild. Glen was more than a build- ing inspector, he was a teacher and. friend to us alL" Councilman Gilb seconded the motion which was carried unanimously. The meeting adjourned to a Closed Session. Council reconvened and adjourned immediately thereafter to 7 p.m. January 21, 1981 in the Arcadia High School gymnasium for a meeting with the Arcadia School Board. ~~c Mayor ATIT", "-7;~ ~~~A tUf. City Clerk -7- 1-20-81