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HomeMy WebLinkAboutSEPTEMBER 1,1981_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0355 I I NVOCA TI ON: , PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING CUP Pre-schoo 1 r p~@J- I OPPOSED to CUP MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 1, 1981 The City Council of the City of Arcadia and the Redevelopment Agency met in a re9ular session September 1, 1981 at 7:30 p.m. in the City Hall Hall Council Chamber. Rev. James W. Hagelganz, Arcadia Presbyterian Church Assistant City Manger Jay Corey PRESENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb ABSENT: None On MOTION by Councilman Pellegrino, seconded by Councilman Saelid and carried the minutes of the adjourned meeting of August 11 and the regu- lar and adjourned meetings of August 18, 1981 were APPROVED. Appeal to Planning Commission approval of Resolution No. 1173 Condition- al Use Permit 81-7 allowing utilization of classrooms for the operation of a preschool and other religious school classes for Temple Shaarei Tikvah Synqgogue (Foothill Jewish Temple and Center) located at 550 S. Second Avenue, and for a waiver of the wall height and material require- ments pursuant to Arcadia Municipal Code Section 9275.3.3. The Staff report indicated that the Temple has been conducting Sabboth and afternoon religious classes for 17 years. A conditional use permit has been applied for in order to permit the creation of a new pre-school which would handle a maximum of 50 students between 2 1/2 and 5 years of age daily from 8:45 a.m. to 12:15 p.m. Initially the school will have fewer students and operate only 3 days a week. Photographs were review- ed identifying the proposed pre-school play area. Prior to opening the hearing Mayor Gilb advised that each of the Council- men had visited the subject site and had also been supplied with a trans- cript of the proceedings at the meeting held August 18. He then declared the hearing open and those supportin9 the appeal spoke in summary as fol- lows: (Transcript of remarks is on file in the office of the City Clerk). Mrs. Julia Nakov, 500 S. Second Avenue, spoke in opposition stating in part that she did not feel the school is appropriate in a residential area what with the noise generated by the children, the traffic would increase and Second Avenue already has a great deal of traffic. She also spoke to the parties held in the Hall which end up with a lot of noise and litter. However,it was pointed out that the hearing is on the pre-school only. Mrs. Nakov continued that the residents in the immediate area will lose their privacy. She asked Council not to grant the condi- t i ona 1 use permit. In response to a question Chris Cozen, Director of the School, said the application to the State is for 30 students - that to increase the num- ber she would have to go through the process again. Chris Kudsk, West Covina, speaking on behalf of Leslie and Cecelia Perk- ins, 210 Eldorado, said the owners are in opposition to the pres-school so close to their home, -1- 9-1-81 IN FAVOR 25:0356 Francis Ward, 423 S. Second Avenue, also objected to have the school so close to his home ... that he did not want his property devaluated and felt insurance rates would be much higher. Michael Aasano, 218 Eldorado, felt the main point in opposing the school would be the lowering of the property value .. he was also concerned about the noise factor and the traffic congestion. Harold Legg, 525 S. Second Avenue, said the neighborhood has changed since the advent of the Temple and felt the residents should be able to enjoy the same type of neighborhood as when property was purchased. Dean Johnson, owner of 23 rental units on Second Avenue .. he said the tenants, mostly senior citizens, are concerned .. that the street has changed during the years .. it is so heavily traveled. He asked that the permit be denied. Oon Richter, 600 S. Second Avenue, said the noise from the school will be a factor and spoke to the noise from other activities at the Temple He would seriously consider moving if the school is permitted to operate. I Michael Kleckner, 550 S. Second Avenue, said in part that the Temple has for the last 17 years conducted on-going'religious training classes ... a Sunday School, an afternoon religious training class and the like .... the pre-school would augment that - a complete religious education -- as to the traffic he noted that the loading and unloading of children will be off the street in the rear of the Temple .. no access to the school frpm the street. Mr. Kleckner then brought up the wall... the City ordi- nance requires a masonry wall and he drew attention to drawings which had been distributed to the City Council. He addressed each exhibit explain- ing in detail what the Temple would do to provide sound proofing by vege- tation. With particular attention to the decorative wall which is on Mrs. Nakov's property they propose to plant mature portacarpus along the wall.. it is a rapid growing plant and would provide privacy and would in a short period of time be so dense a child could not get through it. If there are any defects on the chain link fence they will be corrected. Marvin Donner, 614 Flamingo Way, President of the Temple, told why Third Avenue has been chained off during times other than Friday Night Sabboth, through Sundays for Sunday School purposes ... He was pleased about the pre- school coming into being .. it is the first in San Gabriel Valley. He ' said it would be no problem to unchain the exit on Third Avenue during pre-school operating hours. Chris Cozen, Director of the pre-school, said in part that the State requires the play area to be entirely fenced " that their playground is surrounded almost entirely by a masonry wall with a portion chain linked ., that in no way would the children be out of the supervised areas. She said the children would be on the playground in groups of ten with one adult for every five children. Jim Quadkins, 1312 S. Baldwin Avenue, said that as a parent of one of I the pre-schoolers they want to be good neighbors and spoke to the free- dom of religion .. and without this basic freedom there would not be property values.. they wouldn't even' have the right to own property.. and referred to the First Amendment '" everyone has his say. Darryl Cozen, member of the Temple, said in part there are already 25 children enrolled from various communities which should speak for the need for a Jewish pre-school in the area. He noted that the subject school property is zoned R-2 and that there are 88,000 sq. ft. in the property which could really accommodate 24 units in a condominium or a townhouse type of development .. most of the residents would then have two cars and the traffic would increase a great deal.. that with the 30 students they do not expect to have more than 20 cars coming - there will be car pools '" it will not be a day care center -- it is for edu- cation. ,2- 9-1-81 25:0357 No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Dring and carried unanimously. In response to a question by Councilman Saelid the Planning Director advised that the religious classes .. the Sunday classes which have been in the past .. would pre-date the requirement for a conditional use permit and that in the event this CUP were denied it would have no effect on those classes. Councilman Saelid then said in part that it would seem that the noise etc. is probably coming from the older children who would be there anyway, however, the useages of the Temple do come into play Bingo, rental of the hall to outside users, which brings up the question as to the credibility of the management of the Temple and asked the Po- lice Chief to respond as to whether or not there have been problems which have continued relative to the use of the Temple property. I The Police Chief said in part there have been no problems since the management was contacted however he proceeded to have that checked out and returned to the podium stating that the records indicate two dis- turbances - one of loud music at 1:24 a.m. August 23 and one on the same date about 11 p.m. involving a person who was difficult for the Security Guard at the Temple to handle. Councilman Saelid continued he could not see where denying the CUP would increase or decrease the problems to any measurable extent and suggested giving consideration to the opening of the Third Avenue drive- way which might help alleviate any congestion on Second Avenue, 'Councilman Pellegrino said in part that the problems appear to be night oriented and that with the restrictions and with approval of the State he could support granting the conditional use permit .. that it is im- portant to give children quality education. Councilman Haltom said in part that if attention is going to be directed to evening activities .. that if the Temple is to be tried then all adja- cent properties should be tried .. that he saw code violations in the area which should be addressed at the proper time .. however the main is- sue now is the pre-school.. that no doubt it will infringe on the priva- cy of some of the nieghbors .. but when considering a matter like this the benefits have to be weighed and in his mind it is worth the infringement to have the pre-school which is beneficial to the educational foundation of the child. Councilman Dring stated in part that to grant the neighbor's wishes would deny the Temple its rights and to grant the Temple its wishes would undoubtedly bring about some inf~ingement of noise factor on the neighbors. He expressed empathy fot the neighbors .. there is always some give and take and he ~ppreciated the trouble that sometimes schools of any kind can be to neighbors .. however, the Temple has a right to have a pre-school and to deny that right would be a miscarriage of justice in his thinking. I Mayor Gilb commented in part that to deny the conditional use permit would not solve the problem of the neighbors -- it is an evening problem unrelated to the subject matter ,. the traffic on Second Avenue is not going to be corrected .. it is a major thoroughfare. He agreed that it is unfortunate that Mrs. Nakov's property is so narrow and so close to the Temple property. He agreed with Councilman Haltom that there are code violatons in the area which should be straightened out. He felt those who are going to operate the school are responsible .. they must meet State and local standards and are entitled to give the children an education, He was in favor of the conditional use permit. At this point Mr. Donner responded to questions about the serving of al- coholic beverages on the Temple premises - that to his knowledge it has always been permitted for social functions and the like and that they are -3- 9-1-81 RESOLUTION NO, 4987 ADOPTED HEARING Tentative Map - Tract No. 42668 APPROVE~/ p:SUe~ ROLL CALL 25:0358 taking a hard look at whether to rent the hall in the future .. it has been done in the past for economic reasons. The parties are supposed to end at midnight and the security guards are instructed to remain until 1 a.m. Mr, Legg once again addressed Council referring to the aftermath of out- side parties held at the Temple and Mayor Gilb said that problem will be addressed by the Temple and the City will assist them. Councilman Saelid then sugqested chanqes in the followinq r~snlutinn, rind read the title of Resolution No. 4987 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA GRANTING A CONDITIONAL USE PERMIT TO UTIL- IZE CLASSROOMS FOR THE OPERATION OF A PRESCHOOL AND OTHER ,RELIGIOUS SCHOOL CLASSES FOR TEMPLE SHAAREI TIKVAH SYNAGOGUE (AKA FOOTHILL JEWISH TEMPLE AND CENTER) AND WAIVER OF WALL HEIGHTH AND MATERIAL REQUIREMENTS OF ARCA- DIA MUNICIPAL CODE SECTION 9275,5.6 AT 550 SOUTH SECOND AVENUE, AND MAKING I FINDINGS OF FACT" and MOVED that the reading of the full text be waived and that same be ADOPTED. Councilman Pellegrino seconded the motion which was carried on the following roll call vote. AYES Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb NOES None ABSENT: None Councilman Saelid commented that he would like a report, at the end of 3 or 6 months, in terms of what problems have occurred and whether or not they have been entirely eliminated .. as there is no excuse for peo- 'ple who use the Temple facilities drinking alcoholic beverages or any beverage outside the confines of the Temple. Councilman Dring also felt it is an infringement on the neighbors when parties end up in the street at 1 a.m. Mr. Donner said they will do everything they can to eliminate this, I Tentative map of Tract No. 42668 for a 9 unit residential condominium at 1039, 1045 and 1049 West Fairview Avenue. Mayor Gilb declared the hearing open and Paul Friedman, the developer, made his presence known if there were any questions. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Pelle- grino and carried unanimously. It was further MOVED by Councilman Saelid,seconded bv Councilman Haltom and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds that the project will not have a significant effect on the environment; that the tract is consis- tent with the General Plan and that the waste discharge would not re- sult in a violation of the existing requirements set forth in the Water Code; that the Director of Public Works be authorized to approve the subdivision agreement and that said tentative map be APPROVED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Council recessed in order to act as the I ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Dring, Haltom, Pellegrino, Saelid, Gilb ABSENT: None There being no business the meeting adjourned to 7 p,m. September 15. Council reconvened. -4- 9-1-81 I I HIGH SCHOOL ATHLETIC PROGRAM r.7 ~,;,r 25: 0359_ AUDIENCE PARTICIPATION Shawna Deurst, Arcadia High School Pep Commissioner for 1981-82, intro- duced the squad and presented season credentials along with a schedule of the forthcoming games. She expressed appreciation for support ren- dered by the Council and hoped it would continue. Mayor Gilb assured her it would and that members of "the Council will be attending the games. CONSENT ITEMS Pt U P Exerci se Salon e ' \,J(;. DANCErr: _u~ APPROVED request of Angelo's Royal Turtle Restaurant for a dance permit PERMIT located at 325 E. Live Oak Avenue - subject to all conditions. ' CONTRACT AWARD ADVERTISE FOR BIDS I/' r (11'2..1, WORK ACCEPTED TRAFFIC SIGNAL MAINTENANCE WORK ACCEPTED , ,/l/.fY rb" DIAL-A-RIDE ....,C' bl- " APPROVED Planning Commission Res. No. 1175 granting a conditional use permit to operate a women's exercise salon at 9956 Las Tunas Drive. AWARDED contract for First Avenue reconstruction from Camino Real to Las Flores Job No. 511 to Sully-Miller construction Company in the amount of $41,668; that all other bids be waived; that any informalities in the bids or bidding process be waived and that the Mayor and City Clerk be AUTHOR- IZED to execute the contract in form approved by the City Attorney. APPROVED plans and specifications for the construction of wheel chair ramps Job No. 512 at various locations and authorized the City Clerk to advertise for bids. Project to be financed from SB 821 funds which will amount to $15,120 to be supplemented by Capital Improvement funds in the approximate amount of $7000. Bids to be opened October 1 and presented to Council October 6. ACCEPTED work performed by Frontier Concrete Construction Company in the concrete gutter construction project and the improvement of the alley south of Duarte Road (Job Nos. 507 and 513) .. Final payment authorized pursuant to the terms of the contract. APPROVED an agreemnet with Los Angeles County for traffic signal mainten- ance at the intersection of Michillinda and Sunset ... this is under joint jurisdiction between the City and the County. Mayor and City Clerk AUTHOR- IZED to execute the agreement. ACCEPTED work performed by Rieco, Inc., contractor for the resurfacing of tennis courts Job No. 516 at Newcastle, Tierra Verde and Bicentennial Parks. Final payment authorized pursuant to terms of the contract. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN PELLEGRINO,SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: ' AYES NOES : ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gi1b None None Staff advised on the request for authorization to file claims for State Transportation Grants to the City's Dia1-A-Ride Program for 1981-82 - as follows: State Transportation Assistance Fund Local Transportation Fund Local Transportation Fund Reserve $ 43,000 46,000 6,000 The claims are consistent with the Dial-A-Ride Budget for 1981-82 approv- ed by Council in June. During' this consideration Dan Benson of Wilbur Smith & Associates responded to quest!?ns. It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and -5- 9-1-81 25:0360 carried on roll call vote as follows that staff be authorized to file claims for State Transit Grants as in its report of August 27 and to amend such claims, if necessary, in order to maximize available funding. AYES NOES : ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None PLAYGROUND Recommendation concerning applying for 1980 State Grant Monies (Propo- ADDITION sition 1). ~ (, I (. ,? J r ,I ORDINANCE NO. 1729 ADOPTED .j ORDINANCE NO. 1730 INTRODUCED j RESOLUTION NO. 4986 ADOPTED J Prior to considering this agenda item Mayor Gilb advised of a call from Mr. Robert D. Mowrey, 201 E. Haven Avenue, in opposition to the proposed construction of handball courts at Eisenhower Park and it was suggested that Mr. Mowrey be invited to attend the next Parks and Recreation Com- mission meeting and this matter can be discussed at that time. I It had been recommended by the Commission that Proposition 1 monies be used to construct four lighted handball courts at Eisenhower Park at an approximate cost of $123,000 and an addition of a picnic and play area at Bonita Park at an approximate cost of $72,000. There is a deadline of September 15 for submitting an application to the State. It was de- termined that the monies could be applied for and perhaps uses altered later. Whereupon it was MOVED by Councilman Dring, seconded by Councilman Pelle- grino and carried on roll call vote as follows that Council approve and file the Negative Declaration and find that the project will not have a significant effect on the environment. SEE RESOLUTION NO. 4984. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1729 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 9262.4.12 AND ADDING NEW SECTIONS 9261.4.4,9262.4.13 AND 9266.2.8.6 PER- TAINING TO USE OF TEMPORARY BANNERS IN COMMERCIAL AND INDUSTRIAL ZONES." It was MOVED by Councilman Haltom, seconded by Councilman Dring and carri- ed on roll call vote as follows that the reading of the full text of Ordi- nance 1729 be waived and it is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None ,The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1730 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.9 OF THE ARCADIA MUNICIPAL CODE TO REZONE 1035-1045 WEST HUNTINGTON DRIVE FROM R-3 (MULTIPLE FAMILY) TO C-O I (PROFESSIONAL OFFICE)." " It was MOVED by Councilman Saelid, seconded by Councilman Haltom and carri'ed on roll call vote as follows that the reading of the full text of Ordinance No, 1730 be waived and INTRODUCED. AYES NOES : ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented, explained the content and read the title of Resolution No. 4986 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA FIXING THE AMOUNT OF REVENUE REQUIRED TO BE RAISED FROM PROPERTY TAXES NECESSARY FOR THE FISCAL YEAR 1981-82 TO PAY THE INDEBTED- NESS OF THE CITY OR DISTRICTS." -,6- 9-1-81 ORDINANCE NO. 1731 INTRODUCED 1/ I RESOLUTI ON NO. 4984 ADOPTED J . SAELID v' GILB " CLOSED SESS ION / I 25:0361 It was MOVED by Councilman Sae1id, seconded by Councilman Haltom and carried on roll call vote as follows that the reading of the full text of Resolution No. 4986 be waived and it is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1731 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR 1981-82 FOR THE USUAL CURRENT EXPENSES OF THE CITY OF ARCADIA". It was MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1731 be waived and INTRODUCED. The City Attorney presented, explained the content and read the title of Resolution No. 4984, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION FOR 1980 STATE GRANT MONEYS PRO- JECT EISENHOWER AND BONITA PARK". It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4984 be waived and it is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None Brought up the proliferation of the so-called look-a-1ike drugs being made available over the counter primarily in the areas of New Mexico and Arizona and stated that that kind of thing is bound to become available here. The City Attorney commented in part that many States have already prohibited them and the best effort would be to pressure State Legisla- ture to pass a statute prohibiting them, Brought up the recent tragic incident where a little girl was killed by a coyote in the Glendale area; that he noticed about four coyotes running up and down Singingwood Drive one morning recently. The City has a con- tract with the County on the control of coyotes and staff will see what can be done. Council entered a Closed Session, reconvened at 10:30 p.m, and adjourned to 7 p.m. September 15, 1981. Mayor ~~~ -7- 9-1-81