Loading...
HomeMy WebLinkAboutAUGUST 17,1982 CITy'COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK " 1 INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL OATH' ADMINISTERED I PORTRAITS ACCEPTED 1 , HEARING 315 W. LeRoy ADDITION APPROVED P. "JY . . 25 :0554 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 17, 1982 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, August 17, 1982, at 7:30 p.m. in the City Hall Council Chambers. , ReverendiMargaret Stevens, Santa Anita Church Mayor Pro Tempore Dennis Lojeski Councilmen/Members Haltom, Lojeski, Pellegrino Councilmen Dring, Hannah (COUNCILMAN HANNAH ARRIVED AT 8:10 P.M.) On MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried Councilman Hannah was excused. PRESENT: ABSENT : On MOTION by Councilman Haltom, seconded by Mayor Pellegrino and carried Councilman Dring was excused. On MOTION by Councilman Lojeski, seconded by Mayor Pellegrino and carried the minutes of the adjourned and regular meetings of August 3, 1982 were APPROVED. The City Clerk administered the Board Member Wilfred W. Knight. and presented him with official Oath of Office to incoming Personnel Mayor Pellegrino welcomed Mr. Knight credentials. The City Clerk administered the Oath of Office to incoming Arcadia ~ Beautiful Commissioners Joanna R. Bruno and Dorothy H. Moe. Councilman Haltom welcomed each and presented them with official credentials. The City Clerk administered' the Oath of Office to incoming Planning vi Commissioners Robert C. Harbicht and John H. Kirkpatrick. Councilman Lojeski welcomed each and presented them with official credentials. J. Carlton Roberts presented portraits of Councilmen Hannah and Lojeski , which will be exhibited with city officials in the City Hall Lobby. Appeal relating to the approval of Modification 82-73 for 315 W. LeRoy Avenue. The Planning Director explained the lot dimensions, existing land use, zoning and the General Plan designation which is single- family residential. Staff submitted that the applicants are seeking approval of this modification in order to permit approximately 600 sq. ft. of additional floor area to be added to the main dwelling, and for a swimming pool. This is R-l property which has two single- family dwellings. Approximately 32 sq. ft. is to be added to the study of the house and 540 sq. ft. for bath and sewing area is proposed to be added to the bedroom area. The lot contains approximately 20,625 sq. ft. with 75 ft. frontage along LeRoy Ave. On July 13th a public hearing was held before the Modification Committee at which time Mr. W. Krynicki, the property owner of the adjacent property at 321 W. LeRoy, raised questions regarding five existing conditions on the subject site. Mr. Kfynicki's concern and the staff's responses are set forth in staff report dated August 17, 1982, wherein it was noted that the air con- ditioning unit would be replaced; the high light standards would be -1- 8-17-82 HEARING Lot Consolida- tion for Van's Market APPROVED 4~~ \ . 25:0555 removed, and the other concerns had been looked into in 1978. A site inspection by staff found all the structures to be well maintained. The Modification Committee determined that granting the modification would secure an appropriate improvement and approved the request subject to the condition that the exterior lights be hooded and arranged to reflect away from adjoining property and streets. Mayor Pellegrino declared the hearing open and Richard E. Barron, repre- senting the property owners, Dr. and Mrs. Itakura, said in part that all conditions will be complied with and asked for approval of the modifica- tions. Speaking in opposition - not to the proposed additions, but to specific items, W. Krynicki, 321 W. LeRoy Avenue, contended that the storage shed attached to the rear house was illegal - that it has been used as a kitchen by former owners; also, the proposed swimming pool will present 1 a noise factor. He noted that Ordinance No. 1738 provides for bringing property up to Code ... that it is a nuisance and the appearance of the property will not be improved. In response to questions, Mr. Krynicki stated in part that he purchased his property in 1965 and the two-story " apartment in the rear of 315 W. LeRoy was there at that time. He circulated photographs of the subject property. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried. During the deliberations it was noted in the staff report that at the Modification Committee Meeting of July 13, 1982, the concerns of Mr. Krynicki received responses as follows: (1) The applicant ,states that a new air conditioning unit will be installed; (2) A condition may be added to require that exterior lighting be hooded and arranged to reflect away from adjoining properties '" that a pool is planned and the two present light standards will be removed; (3) As far as an encroachment on side yard by addition to the two-story dwelling is concerned, patio being attached to the dwelling which Mr. Krynicki contends should have the same side yard requirement, and the storage area, were all brought to the City's attention in 1978 by, Mr. Krynicki, and no action was taken at that time due to insufficient evidence of any illegal construction. It was noted that the only issue before Council at this time is the modification for the new additions ... Councilman Haltom observed in part that it is impossible to go back in time and ask homeowners to conform to the Code as it is now ... unless there is a hazard involved ... whereupon he MOVED to APPROVE the modifications with the following two stipulations: the two 30 ft. spotlights be removed and the existing air conditioner be removed. MOTION seconded by Councilman Lojeski and carried on the follow- ing roll call vote: AYES NOES ABSENT: Councilmen Haltom, Lojeski, Pellegrino Councilman Hannah Councilman Dring Appeal to Planning Commission's approval of the tentative map of Parcel Map 82-3, which was approved by the Commission for the consolidation of nine lots into one lot at 745-809 W. Naomi Avenue", and 812-828 W. Duarte Road. Staff advised that Arcadia Parking, Inc. requested the considera- tion in order to construct a 53,000 sq. ft. supermarket on the site. David F. Freeman filed an appeal on behalf of the Arcadia Townhouse West Corporation, 800 W. Naomi Avenue. Surrounding land use is developed to the north with single- and multiple-family dwellings and an office build- ing zoned R-3 and C-2D"to the south with multiple-family dwellings and a shopping center zoned R-3 and C-2; to the west developed with multiple- family dwellings and vacant parcels zoned C-2, and to the east developed with a parking lot zoned C-2. The General Plan designation is Commercial. Conditions of approval were set forth in staff report dated August 17. 1 Mayor Pellegrino declared the hearing open and R. D. Sweeney, attorney for Arcadia Parking, Inc., stated in part that it is the intent to enter -~ 8-17-82 .:..,...'=, .:-..... :.; ..;. .T .'- ,.t', 25:0556 into a lease with Von's Grocery Store and they will strictly conform to all existing City ordinances ... when the property was rezoned in 1960 he felt any objections should have been lodged at that time. He further submitted in part that they now have the legal right under the zoning ordinance without prior approval to erect nine separate commercial-type buildings which could be leased to many different tenants. 1 Mr. Sweeney continued in part that Arcadia Parking wants Von's Market because it will aid the sales, not ,only of Hinshaw's Department Store, but all of the stores fronting on Baldwin Avenue ... also, the stores between Baldwin and Golden West on Naomi ... all would benefit. If the property were rezoned to permit condominiums probably hundreds could be constructed which would result in a constant flow of traffic and noise. He felt the contention of those appealing that the area does not need another supermarket is something beyond the jurisdiction of the City... that is an attitude that attacks the free enterprise system ... that they knew before acquiring their condominiums that the subject property is C-2. He asked that the tentative parcel map be approved. David Freeman, 503 W. Duarte Road, attorney for the appellants, stated in part that the residents of the area would be affected by the requested consolidation .,. they realize this hearing is to consider the lot consoli- dation but this is probably the only opportunity they will have to appeal. He questioned the contents of a check list which does not reflect any negatives ... there would be increased traffic and there would be more noise generated from trucks parking next to a residential area. Also, the view would be reduced or eliminated, and odor from garbage ... twenty years ago the area was not heavy with traffic ... there are parking problems already. Mr. Freeman continued in part that no great new taxes will be brought in - it will be more of a trade-off from the other markets in the area. He felt Council should consider the concerns of the residents of the area, and asked Council to reverse the decision of the Planning Commission and grant the appeal - finding that there would be an injurious effect on the City, upon the environment - that there is not adequate access to the property - that it would cause noise and traffic problems, and in conclu- sion, he asked that an Environmental Impact Report be required. Jay Harold Burg, attorney for the Pantry Markets, spoke next, stating in part that the Council should consider the use of the property; that a tentative map cannot be approved without considering the ultimate use ... that it is necessary to have an environmental impact report pertaining to the actual project proposed for the land ... that it is the duty of Council to consider the noise, traffic, congestion, odors, etc. 1 Mr. Burg also noted that with the sales volume for the type of facility envisioned by Mr. Sweeney for Von's, it would be necessary for Von's to have sales somewhere in the neighborhood of $450,000 to $600,000 each week ... there would be a customer count each ,week of about 35,000 ... they would go to the store by automobile and there would be heavily con- gested traffic. He questioned how a certification could have been made to the effect that there would be no increase in noise, vibration, dust, smoke, fumes or odor. He felt the approval of the consolidation would be detrimental to the residents and the Pantry would be hurt ... and on the other hand, Von's would be hurt by the competition ... but, of course, this is not the prerogative of Council. In response to a questiont he stated that it is possible that customers will come in from outside Arcadia. Maury Negin, 810 W. Naomi Ave., Unit #6, said he can see no benefit to the community as it would fill no purpose or function they do not have at the present time .., it will damage existing shopping centers and adversely affect residential property values. Naomi Avenue is a narrow street and would be carrying heavy traffic. Richard McBride, 810 W. Naomi Ave., Unit #2, said in part that the customers of Pantry Market are probably the same as those who shopped there ten years ago ... it is a neighborhood market. -3- 8-17-82 ~0 D' j V~ ~~ ~ PERSONNEL BOARD (Finance Department- new classi- fications) APPROVED ROLL CALL CONFLICT OF INTEREST (Kirkpatrick) 1A~.L f:/7'J 25:0557 No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried. It was further MOVED by Councilman Lojeski, seconded by Councilman Haltom and carried on roll call vote as follows that the appeal be denied; that the evaluations of the environmental impacts as set forth in the initial study are appropriate; that the project will not have a significant negative effect on the environment, and that the Negative Declaration be approved and filed; that the project is consistent with the General Plan and the discharge from the project will not violate requirements prescribed by the California Regional Water Quality Control Board for this region, and the project is categorically exempt from California Environmental Quality Act as a reversion to acreage and that the tentative parcel map be APPROVED subject to conditions set forth in the amended staff report. AYES NOES ABSENT: Councilmen Haltom, Hannah, Mayor Pellegrino (felt the Councilman Dring Lojeski aspects of the land use should be considered) 1 On recommendation of the Personnel Board the new classifications for Accounting - Supervisor and Senior Account/Treasurer, in the Finance Department, were APPROVED on MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring Council recessed in order to act as the' ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT Members Haltom, Hannah, Lojeski, Pellegrino Member Dring It was MOVED by Member Hannah, seconded by Member Haltom and carried that Member Dring be excused. In order to comply with the Redevelopment Law relating to conflict of interest, Member ,Lojeski'read a statement by newly appointed Planning Commissioner, John H. Kirkpatrick, that "I have signed a declaration as having a direct financial interest in property in the Redevelopment Area at 130 W. Huntington Drive." This is to be a matter of record of both the Council and the Agency. The Agency then adjourned to a CLOSED SESSION following this meeting. Council reconvened. AUDIENCE PARTICIPATION Ray Brockus, 1309 Standish Street, spoke to instructions for the installa- 1 tion of a Class B roof which he felt should be made available for those ~ applying for a permit. He submitted a written recommendation which will be distributed to the City Council and the press. J J ~~~l TENTATIVE TRACT 41736 EXTENSION Herb Fletcher, 175 W. Lemon Avenue, spoke to the 1/2 cent sales tax to go toward transportation and the amount of money it will raise ... he felt perhaps some of this could be used toward Dial-A-Ride purposes ... asked Council to maintain surveillance on this through the League of California Cities. CONSENT ITEMS APPROVED six month extension for the tentative map of Tract No. 41736 for an eight-unit residential condominium at 145-149 Fano Street. -4- 8-17-82 -j'R.. LEAVE OF ABSENCE (Smi th) ~A-'3 WORK~I ACCEPTED the work and AUTHORIZED final payment pursuant to the terms of the ACCEPTANCE contract of Gemi, Inc., in the installation of an eight-inch relief sewer 1 (Gemi,Inc.) line from the manhole at Old Ranch Road and Huntington Drive to the manhole in Huntington Drive easterly of Baldwin Avenue. ADVERTISE APPROVED the plans and specifications and authorized the City Clerk to FOR BIDS advertise for bids for traffic striping and pavement markings on various ,( streets - Job No. 537. Bids will be received September 14 with submission of the results to Council on September 21, 1982. AYES NOES P ~ ABSENT: : "') t I I:~ i)1 \~ REQUEST FOR Council received the report on a request from Ernest Terraccine of TST TIME EXTEN- IConstruction Company, asking for a l80-day time extension of Modification SION 181-13, tentative map of this tract for a 10-unit residential condominium TENTATIVE 'at 1036 Fairview Avenue. It was noted that the modification application 11AP TRACT expired Feb,uary 24, 1982, and because the applicant did not file an exten- 42204 'sion request prior to that date, the modifications became null and void ... Approved with The building plan check also has expired. fee to -be paid I) ,,' l' r: TRACT NO. 29290 FINAL Pc' UP Office Condo '5' ~ARKING (Plant Time) FIRE PUMPER Fi re Dep t. f,4 To pi.J{Z, POLITIcAL SIGNS- v P~ARKING OVERNIGHT (commercial vehicles) (No change) 1 ()I~ 25:0558 APPROVED final map of Tract No. 29290 for a commercial condominium at6l0 N. Santa Anitg Avenue. APPROVED conditional use permit 82-9 for a proposed office condominium at 554 Las Tunas Drive and approved a modification to permit windows within the easterly and southerly sides of the building which would be facing adjoining R-l property. (Planning Commission Resolution No. l202-A), APPROVED e~tending the leave of absence for Dorothy Smith, secretary in the Planning Department, to September 30, 1982, without pay. APPROVED the recommendation for 24-minute parking restriction for the two parking spaces abutting 229 S. First Avenue (Plant Time). (See report dated August 17, 1982) APPROVED and AUTHORIZED the purchase of a new G.P.M. Fire Pumper from Mack Truck, Inc., in the amount of ~167,743.89 for the Fire Department; and appropriated an additional $2,143.89 from Capital Improvement Program; any informalities or irregularities in the bids or bidding process were waived. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN HALTOM, SECONDED BY COUNCILMAN LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring Staff recommended the initiation of a text amendment governing political signs in residential zones as well as upgrading such signs in commercial and industrial zones. Discussion ensued and the matter will be brought up at a future study session. Council received the report from the Chief of Police in response to a request by a citizen for overnight parking privileges for his small truck. The pro- visions of the existing ordinance were reviewed with the report indicating that the department receives only a small number of requests from truck owners for such parking permits; however, it does receive numerous calls from citizens complaining when a truck parks overnight '" some years ago the Department of Motor Vehicles stopped small truck owners from obtaining passenger vehicle plates due to alleged misuse of this type of registration. Owners of passenger cars are issued overnight permits. It was MOVED by Councilman Haltom, seconded by Councilman Hannah and carried on roll call vote as follows that the provisions of the existing ordinance remain. Councilmen Councilman Councilman Haltom, Lojeski Dring Hannah, Pellegrino -5- 8-17-82 ljl~(I, f~ I AGREEMENT East Pasadena Wa ter Co. APPROVED, J ORDINANCE NO. 1748 (Roofing) ADOPTED READOPTED 9-7-82 I RESOLUTION NO. 5057 (Salaries) ADOPTED 25:0559 Mr. Terraccine said in part. that due to the decline in the economy, he was unable to obtain financing ... that there is a banking institution willing to make the loan now. Without the extension he faces bankrupcy. Council discussed the additional filing fees in instances such as this and the Planning Director explained in part that nothing in this particular situa- tion makes it unique ... there are no extenuating circumstances. The amount of work involved in extending the modification was submitted and the cost of staff time. Councilman Haltom suggested a fee of $700 to which Mr. Terraccine agreed but said it would be a hardship. However, it was thought that under the circum- stances staff should be reimbursed for the work involved and it was MOVED by Councilman Hannah, seconded by Councilman Haltom and carried on roll call vote as follows that the extension be APPROVED with a fee of $700 to be paid by Mr. Terraccine. 1 AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring Council reviewed the proposed Agreement for sale of water and~rovision of fire hydrants with the East Pasadena Water Co. The agreement allows the City to provide the necessary fire hydrants for fire protection for the pro- posed Von's Market, and also authorizes a connection for the sale of water to the Water Company. Conditions were set forth in the'report dated August 17, 1982. The General Manager of the Water Company has approved the terms and conditions of the agreement and expects his Board of Directors to authorize its execution upon approval of the City Council. It was MOVED by Councilman Haltom, seconded by Councilman Lojeski and carried on roll call vote as follows that this is categorically exempt pursuant to the State Guidelines Section 15103 Class 3 and that the agreement be approved with the Mayor and City Clerk authorized to execute same upon receipt of a cash deposit of $16,753 from Arcadia Parking, Inc., for the installation of the 12" waterline. AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring The City Attorney presented, explained the content and read the title of Ordinance No. 1748, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA APPROVING A NEGATIVE DECLARATION AND MAKING FINDINGS OF LOCAL CLIMATIC CONDITIONS AND AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 8130.11 AND 8130.12 TO AMEND SECTIONS 1601 AND 1704 OF THE UNIFORM BUILDING CODE, 1979 EDITION, TO REQUIRE CLASS A ROOF COVERINGS ON NEW CONSTRUCTION IN FIRE HAZARDOUS AREAS AND FIRE RETARDANT ROOF COVERINGS IN NON-FIRE HAZARDOUS AREAS." It was MOVED by Councilman Haltom, seconded by Councilman Hannah and carried on roll call vote as follows that further reading of the full text of Ordinance No. 1748 be waived and that same be adopted. AYES NOES ABSENT: Councilmen Haltom, Hannah, Pellegrino Councilman Lojeski Councilman Dring 1 The City Attorney presented, explained the content and read the title of Resolution No. 5057, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE SALARY RATES FOR PARTICULAR MANAGEMENT POSI- TIONS. " It was MOVED by Councilman Haltom, seconded by Councilman Lojeski and carried on roll call vote as follows that further reading of the full text of Resolu- tion No. 5057 be waived and that same be adopted. AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring -6- 8-17-82 I RESOLUTION NO. 5058 (Disability Retirement) 1 RESOLUTION NO. 5060 1\' (Olympic ~1 Commission) ADOPTED V ~LAIM DENIED (Williams) /RESOLUTION NO. 5059 (High) ADOPTED ~~ 1 r ~D CROSS SUBLEASE with Hospital /OLYMPIC , VCOMMISSION / POLITICAL SIGNS. (August, 31) ~. , . ~-~~ ~..... . " ' 25 :0560 The City Attorney presented, explained the content and read the title of Resolution No. 5058, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF RONALD MATTY FOR DISABILITY RETIREMENT AND FINDING THAT HE IS INCAPACITATED TO PERFORM HIS DUTIES AS FIREFIGHTER." It was MOVED by Councilman Haltom, seconded by Councilman Hannah and carried on roll call vote as follows that further reading of the full text of Resolution No. 5058 be waived and that same be adopted. AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring The City Attorney presented, explained the content and read the title of Resolution No. 5060, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING THE ARCADIA OLYMPIC COMMISSION." It was MOVED by Councilman Lojeski, seconded by Mayor.Pellegrino and carried on roll call vote as follows that the further reading of the full text of Resolution No. 5060 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring On recommendation of the City Attorney it was MOVED by Councilman Lojeski, seconded by Councilman Haltom and carried on roll call vote as follows that the claim of Bob Williams for property damage be and it is hereby DENIED. AYES NOES ABSENT : Councilmen Haltom, Hannah, Lojeski, Pellegrino None Councilman Dring Councilman Haltom took his leave at 10:40 p.m. Council adjourned to a CLOSED SESSION, reconvened and made the following considerations: The City Manager presented and read the title of Resolution No. 5059 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXPRESSING APPRECIATION TO JEWELL A. HIGH FOR SERVICE TO THE COMMUNITY DURING HER TENURE AS SECRETARY TO THE CITY MANAGER." It was MOVED by Councilman Lojeski, seconded by Councilman Hannah and carried on roll call vote as follows that the reading of the full text be waived and that same be and it is hereby ADOPTED. AYES NOES ABSENT: Councilmen Hannah~ Lojeski, Pellegrino None Councilman Dring, Haltom The City Attorney advised the City Council of the status of negotiations on the proposed sublease between the Arcadia Methodist Hospital and the Red Cross. The Council directed the City Attorney to request from the Red Cross items missing from the sublease and to negotiate changes neces- sary for the legal protection of the City. Considerable discussion ensued on the details of the Olympic Commission, appointments, etc. This will be addressed at a later date - primarily when all of the Council members are present. Considerable discussion ensued on whether or not the City can regulate the size and placement of political signs on residences ... commercial areas were also included in the considerations. The City Attorney will submit a report on this. This will be before Council again August 31. -7- 8-17-82 f R~~ATING CATS 25:0561 Some discussion was held on the possibility of regulating the number of cats which a resident may keep on his premises. Staff will check into this. ADJOURNMENT AUGUST 24 7 p.m. Council entered a CLOSED SESSION, reconvened and adjourned immediately thereafter at 11:10 p.m. to 7 p.m. August 24. 1982, in the Conference Room. ~ 1 Mayor ATTEST: ~~~~ City Clerk 1 -8.1. 8-17-82