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HomeMy WebLinkAboutNOVEMBER 17,1981_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0394 1 I NVOCA TI ON PLEDGE OF ALLEGIANCE ROLL CALL MI NUTE APPROVAL PRESENTATION (Mrs. Guy) j C-\U\~ J,~ \ . OATH ADMINISTERED Ste/ 1 PUBLI C HEARING (So 1 a r System) o \: pl-- K / "I.- I'I~ \ J" (I' -rIP. M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 17, 1981 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday November 17, 1981 at 7:30 p.m. in the City Hall Council Chamber. Dr. Frank Finkbiner Captain Gordon Schneider, Arcadia Police Department ~ PRESENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b ABSENT: None On MOTION by Councilman Sae1id, seconded by Councilman Pellegrino and carried unanimously the minutes of the Adjourned regular meeting of October 21 and the regular meeting of November 3 were APPROVED. Prior to the presentation Councilman Dring presented and read the title of Resolution No, 4997, entitled: "A RESOLUTION OF COMMENDATION OF THE CITY COUNCIL OF THE CITY OF ARCADIA TO MARY LOU GUY", and MOVED for its adoption. Motion seconded by Councilman Haltom and carried unanimously. Mayor Gi1b then read the resolution in full and presented same to Mary Lou Guy who accepted the commendation stating in part that she thorough- ly enjoys her affiliation with the Foothills Jr. High School. Mrs. Guy, following the Emergency Plan, was able to clear the students from the court immediately thus saving them from certain injury or even death when the brakes failed on a forklift working on a hillside construction site directly above the court, causing it to slide down the hill and fall on the volley ball court below. The City Clerk administered the Oath of Office to Ted J. Sten, new appoint- ee to the Personnel Board. Councilman Haltom presented credentials to Mr. Sten and on behalf of the City Council welcomed him to the City Family. Mr. Sten responded in part thanking the Council for this opportunity to serve the City. Appeal to the Planning Commission's denial of a request for installation of a solar heating system at 919 Paloma Drive. The Planning Director explained in part that the solar system was install- ed without the contractor having first obtained the necessary permits, nor was it approved by the Homeowners Architectural Review Board. The Commis- sion in its denial determined that the granting of this would not promote uniformity of development; that the installation was unattractive and that alternate locations for the panels were possible which would be more com- patible with the neighborhood. It was noted by staff that the installation meets all of the local building regulations and would be approved in those areas not governed by the Architectural Review Board. Mayor Gilb declared the hearing open and the applicants, Mr. and Mrs. -1- 11-17 -81 25:0395 William Harmon, reviewed what had transpired from the time they decided on the solar system for their pool and contracted for it. They did not know the contractor had not taken out the necessary permit nor were they aware of the requirement to go through the Review Board. Mr, Harmon re- cited portions of the Civil Code as it relates to solar heating... "so- lar energy is renewable, non-polluting and should be encouraged." They have not had any complaints from the neighbors and referred to a similar installation at 210 A1tura Road which was installed with the approval of the Archtectura1 Review Board and with the necessary building permits. Chris Vance, 417 S, Second Avenue, felt this installation would not de- valuate the property.., that this is a thing of the future and may one day increase the value. People should not be encouraged to proceed with- out a permit but to require the removal at this time would be an injus- tice .,. he did not think changing the location would do the job either. William Wyman, member of the Architectural Review Board, said in part that the Board has no objection to solar panels ... there are a number of residences with them .., the objection to this project is the loca- tion '" that locating the panels on the roof of the rear garage would have solved the problem ... that it was about 2/3 completed when it came to his attention. In response to a question Mr Wyman said in part that the system which the Board approved for 210 Altura Road was because it has a garage attached in front ... the panels face the street and west. Tom Hines, 935 Paloma, stated he resides within 100 feet of the subject property... that he questions if the panels will darken which might hold down the glare to the property across the street ," the heater now reflects the sun into a neighbor's window which is annoying, To him it is very unattractive and if he had been installing it he would have put it on the reverse pitch on the north side of the house. 1 No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Pellegrino and carried unani- mously, Discussion ensued on the fact that the contractor did not obtain the permit and the Planning Director said the contractor in question some- times does not obtain the permit ahead of time. Councilman Sae1id spoke at length stating in part that the Review Boards perform a very important function in the residential communities ... try- ing to maintain the quality of the buildings and as a result there are nice neighborhoods. He agreed with the findings '" that the system is unsightly from the street and the residences ... he felt the panels could be installed in an alternate location to mitigate most of the objections. He also felt the disservice that has been done really occurred because the contract was made with a contractor who did not follow the law.., he did not go through the Review Board which might have resulted in a solar heating system which would have been more compatible with the area '" that is where the fault lies ... however, he could not find for other than the appellants in this case '.' that the Harmons are not the kind of people who would purposely try to cause havoc in the neighborhood. Councilman Pellegrino did not like the reflection across the street and the fact that it was all done without going through the proper procedure, however, he did applaud the Harmons for being one of the first to install a solar heating system. Councilman Haltom felt the situation is not with the Harmons but with the contractor '" that they are victims and it is up to the City Council to try to help .,. because the State Contractors Board will do nothing. That he can't think in terms of changing the system ,.. that it appears to be the most logical application and cited some experience he has had with solar companies, 1 -2- 11-17-81 1 PARKING PLACE COMMISSION traffic flow in District 2 I ,:] I" ,:n 1 0~OUTH COMMISSION Disneyland Excursion APPROVED 25:0396 Councilman Dring agreed with Councilman Haltom to some extent ,.. that from the information obtained by the Planning Department from an expert that any other alternatives would increase the cost and decrease the suf- ficiency ,.. the law is clear in that regard. Mayor Gilb stated in part that as he looked at the residence with this system he did not find i't offensive... that solar systems are in the pioneeering stage '" he is concerned about the blindinq part across the street ,., but a tree has been trimmed in the front and as it grows back it may help. He would find with the appellants, recognizing and appreci- ating the Architectural Review Board's position, with reference to the contractor not taking out a permit .., he noted that Council has been discussing penalties to be assessed to contractors who do not take out permits. Councilman Saelid said in part that he did not think the consultant had looked at all of the various alternatives and he finds it difficult to say that what has been proposed is the most efficient use and the best possible location - he could not make that finding - but he can make the finding that to request now that the panels be removed would work an un- due hardship on the Harmons, Councilman Saelid then MOVED to find in favor of the appellants ... that it is an appropriate improvement and to force a change would work a hard- ship on the homeowners, Motion seconded by Councilman Haltom and carried on roll call vote as follows. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Continued from November 3 - recommendation to improve traffic flow in Parking District No.2 on the south side of Wheeler Avenue across from the Post Office. At the November 3 meeting Council reviewed and consid- ered the revised design plans and Councilman Saelid MOVED to approve Ex- hibit "C" and that the City Attorney be instructed to prepare the appro- priate document, This motion was seconded by Mayor Gilb but did not carryon a tie vote. The Motion was TABLED until this date. Councilman Dring said in part that he is not happy with the concept that stalls will be lost for the City and not for the medical center that it doesn't make good sense to him ... it should be left alone or we should disproportionately share the loss of spaces in order to improve the traffic flow, Councilman Saelid submitted in part that those who pay the bills are those who have businesses adjacent to the Parking District and they would like to see the changes as recommended by the Commission and have made some concessions based on the most recent meet- ing. It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the parking design in Parking District No, 2 as represented on Exhibit "C" be approved and that the City Attorney be instructed to prepare the appropriate reso- lution. AYES NOES ABSENT: Councilmen Pellegrino, Saelid, Gilb Councilmen Dring,Haltom None On MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows the request of the Youth Commis- sion for Council approval to again sponsor the Annual Youth Commission Excursion to Disneyland was APPROVED. See staff report dated November 17, 1981. . AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None -3- 11-17-81 ROLL CALL RELOCATION Benefits Justice Bros. APPROVED rl/~ J0'I f~ I COMMUNITY DEVELOPMENT BLOCK GRANT \ ..'~ '1 ,I y..v1 25:0397 Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Dring. Haltom, Pellegrino, Saelid, Gilb ABSENT: None 1- In May of 1977 the Agency acquired property at 215 E. Huntington Drive from Hygiene Products Company, At the time of acquisition the Agency assumed the existing lease held by Justice Brothers. Inc,. which lease entitled Justice Brothers the use of the warehouse facilities. Relo- cation of the Justice Brothers operation was required as part of the site preparation for the proposed Granada Royale Hometels project. As set forth in the Disposition and Development Agreement with Hometels Development Corporation the Agency is obligated to provide such reloca- tion assistance and benefits to occupants so entitled. Reasons for the staff recommentdation for approval of the relocation claim by Justice Brothers was set forth in the report dated November 13. 1981 and it was noted that the State Law provides for actual reasonable moving and re- lated expenses. Councilman Dring stated in part that it seems inappropriate to him to approve money to relocate someone who has been on a 30 day - month to month - lease arrangement ,.. they have known for some time that they would have to move out. 1 It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the claim for relocation benefits for Justice Brothers Inc., in the amount of $3.645 be APPROVED. Be it noted that Hometels will reimburse the Agency for this amount, AYES NOES : ABSENT: Members Haltom, Pellegrino. Saelid. Gilb Member Dring None The Agency adjourned to a CLOSED SESSION following the regular meeting of the City Council, AUDIENCE PARTICIPATION Herb Fletcher. 175 W, Lemon Avenue. referred to the Paramedic Program WnlCn. wnen necessary. necessitates the transporting of patients to the Hospital at a cost of $55 and asked the City Council to consider remov- ing the fee because it is part of the service rendered and the revenue it generates is not that significant, Chris Vance. 417 S, Second Avenue, said in part that the paramedics do much more than transport people to the hospital, Patrick Smith. 219 E, California Stret. was advised that the State has 1 awarded a contract for the improvement of signals at Santa Anita and Huntington Drive and it is hoped to have it in operation the latter part of December. CONSENT ITEMS APPROVED the Community Development Block Grant Program Reimbursable Con- tracts for projects which were approved by the City Council on October 7. 1980 - one in the amount of $22.063 for administrative cost incurred in administering the program and one in the amount of $297.544 for the acquisition of real property for senior citizen housing, The Mayor was authorized to execute the contracts. -4- 11-17-81 f1; CHRISTMAS TREES STORAGE TENTS 1 2,CI \,: ILl WORK ACCEPTED 25:0398 GRANTED permission to erect tents for Christmas Tree storage through December 1981 to the following pursuant to conditions set forth in the staff report dated November 17, 1981. Hawkins Christmas Trees 201 E. Huntington Drive 756 Sunset Boulevard 721 W. Huntington Drive 17 W. Las Tunas Drive John and Betsy Wilde Kare Youth League Christmas Trees 650 W. Huntington Drive 201 E. Live Oak Avenue Larry B. Cude Christmas Tree Co, 16 E. Live Oak 211 E. Foothill Boulevard Council also waived the business license fee of $30 at each of the Kare Youth league locations, ACCEPTED the work and AUTHORIZED final payment to Ca1ex Paving Co., Inc. for the Fairview Avenue reconstruction project Job No. 509, DIAl- A - AUTHORIZED the purchase of three (3) radio equipped Dia1-a-Ride transit RIDE VANS vans in the amount of $62,340.51 and the Mayor to execute the contract , Joawarded to National Bus Sales; rejected all other bids and waived all r: lOb 3- irregularities and informal ities, in the bids or bidding process. IT WAS MOVED BY COUNCILMAN DRING, SECONDED BY COUNCILMAN PELLEGRINO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS THAT THE CONSENT ITEMS BE APPROVED, DISPATCH CENTER FIRE & POLICE Contract Awarded ~:( (: It/-,~ 1 FIRE STA. COMMUNICATION ANNEX Contract Awa rded f AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The Fire Chief submitted the report and recommendation to enter into a contract with Telecomm Consultants, Inc" for communication consulting services for the communications system in the new Fire/Police Dispatch Center, It was noted in the report dated November 12 that the proposals had been reviewed by the Committee consisting of the Fire Chief, the Police Chief and the Fire Department Communications Officer, It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that a contract be entered into with the Te1e- comm Consultants, Inc., pursuant to the $19,950 fixed fee schedule using the $198,385 cost estimate as approved by the Council in the Fed- eral Revenue Program for FY 1981-82, AYES NOES : ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None The Fire Chief submitted the report and recommendation for architectural services in the construction of the Communications Annex at the Fire Sta- tion Headquarters: All proposals were reviewed by an ad hoc committee consisting of the Fire and Police Chiefs, Director of Public Works, Plan- ning Director and the Fire Department Communications Officer. Each archi- tect was interviewed. 1~~;After careful consideration the Committee made its recommendation. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the contract be awarded to Cornwall Associates, Inc" at a fixed fee of $19,950 using the $230,150 construc- tion estimate as approved by Council in the Capital Improvement Projects Budget for FY 1981-82. AYES NOES : ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None' -5- 11-17-81 ORDINANCE NO, 1733 ADOPTED J ORDINANCE NO, 1734 ADOPTED j ORDINANCE NO. 1735 ADOPTED J RESOLUTION NO. 4998 ADOPTED ~1 '/) /0 \~) '" 25:0399 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1733, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.8 OF THE ARCADIA MUNICIPAL CODE TO REZONE 219, 223 and 233 NORTH FIRST AVENUE AND 48, 52 and 58 EAST ST. JOSEPH STREET FROM M-l (PLANNED INDUSTRIAL DISTRICT) TO C-M (COMMERCIAL MANUFACTURING)." It was MOVED by Councilman Haltom, seconded by Councilman Drin9 and carried on roll call vote as follows that the further reading of the full text of Ordinance No, 1733 be waived and it is hereby ADOPTED, AYES : Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb NOES : None ABSENT: None .1 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1734, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW DIVISION 6 TO PART 5, CHAPTER 2, ARTICLE IX THEREOF, ESTABLISHING TENNIS AND PADDLE TENNIS COURT CONSTRUCTION AND OPERATION STANDARDS IN RESIDEN- TIAL ZONES, AND AMENDING SECTION 9292,1,4 AUTHORIZING THE GRANTING OF MODIFICATIONS FROM THOSE STANDARDS." It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1734 be waived. AYES : Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb NOES : None ABSENT: None It was further MOVED by Councilman Pellegrino, seconded by Councilman Dring and carried on roll call vote as follows that Ordinance No, 1734 be and it is hereby ADOPTED. AYES : Councilmen Dring, Haltom, Pellegrino, Gilb NOES : Councilman Saelid ABSENT: None The City Attorney presented, explained the content and read the title of Ordinance No. 1735, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 2671,7 THERE- TO AUTHORIZING THE CITY COUNCIL TO ESTABLISH A TEN PERCENT CAP ON UTILI- TIES TAX REVENUE INCREASES AFTER THE 1980-81 FISCAL YEAR." It was MOVED by Councilman Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1735 be waived and it is hereby ADOPTED. AYES : Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb NOES : None ABSENT: None 1 The City Attorney'presented, explained the content and read the title of Resolution No. 4998, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALI- FIED ELECTORS OF THE CITY OF ARCADIA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 13, 1982, AN ORDINANCE FOR ADOPTION BY THE PEOPLE OF THE CITY OF ARCADIA PROHIBITING THE USE, DISCHARGE, SALE, POSSESSION OR STORAGE OF FIREWORKS EXCEPT PUBLIC DISPLAYS PERMITTED AND REGULATED BY ORDINANCES OF THE CITY COUNCIL," 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 Resolution No. 4998 be waived and it is hereby ADOPTED, -6- 11-17-81 AUTOMATIC TELLER HOSPITAL APPROVED J 1 HAL TOM, v' SAELlD .( DRING Sewer Servi ce Charge Nov. 23 meeting (" 1 25:0400 AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The request of the Huntington Bank for permission to install and operate a free-standing automated teller in the Arcadia Methodist Hospital's Lobby was considered at the Council meeting of November 3, A motion was made at that time by Councilman Saelid and seconded by Mayor Gilb to approve the request, Councilmen Dring and Haltom voted No. Hence the Motion was TABLED until this meeting. The original motion was then APPROVED on roll call vote as follows: AYES NOES Councilmen Pellegrino, Saelid, Gilb Councilmen Dring, Haltom (Mr. Haltom felt the operation should have gone to bid to allow the other institutions in the area the same opportun- ity) ABSENT: None MATTERS FROM ELECTED OFFICIALS Brought up the method of controlling solicitation efforts in the community and recited some instances he has experienced. It was noted that a permit is required and the procedure was explained, Brought up the possibility of an earthquake and invited Council and staff members to attend a forthcoming meeting of the San Gabriel Valley Association of Cities at which Dr. Clarence Allen will speak on the sub- ject. Proposed that the City Council again consider the question of the sewer service charges ... that the charge is not needed. Councilman Saelid commended staff on the revenue and expense projection for the next three years and felt that Council should discuss what Councilman Dring has brought up ... that some action should be taken .., either to take no action or to proceed favorably, Councilman Dring then MOVED to remove the sewer service charge. Motion seconded by Councilman Haltom ... It did not carryon the following roll ca 11 vote: AYES NOES ABSENT: Councilmen Dring, Haltom Councilmen Pellegrino, Saelid, Gilb None The Council then recessed to a CLOSED SESSION,reconvened and adjourned to 7 p.m. November 23, 1981. ATTEST: .~ -7- 11-17-81