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HomeMy WebLinkAboutOCTOBER 5,1982 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FTLE'IN THE OFFICE OF THE CITY CLERK 25:0588 1 INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL OATH ADMINISTERED j NEWCASTLE VISIT BY AHS BAND \./ 1 HEARING Tract 42204V' \Tentative Map) .APPROVED p:S~!(?j)IJ M I NUT E ,S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 5, 1982 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, October 5, 1982 at 7:30 p.m. in the City Hall Council Chambers. Reverend Gladys Johnson, Victory Chapel Mayor Pellegrino's nephew from Walla Walla, Washington PRESENT: ABSENT : C0uncilmenlMembers Dring, Haltom, Lojeski, Pellegrino Councilman Hannah On MOTION bv Councilman Lojeski, seconded by Councilman Haltom and carried unanimously, Councilman Hannah was excused. On MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried unanimously, the minutes of the adjourned and regular meetings of September 21, 1982 were APPROVED. The Citv Clerk administered the Oath 'f Office to the following incom- ing Olympic Commission Members: Dennis Alfieri Jim Considine Lorraine Fricke Robert Hillman Christopher McGuire Gordon Penharlow Joyce Smith Steven h'orslev Councilman Lojeski then welcomed ~d presented each with credentials. Former Mayor Jack Saelid elaborated at length on the visit to Newcastle, Australia, by the Arcadia High Schonl Band, Mr. Saelid was representing the Arcadia Music Club and Chairman of the Newcastle trip, which was very successful. Letters of commendation have been received from President Ronald Reagan and also the Lord Mayor of Newcastle. He expressed appreciation to the City Council for its support. The Planning Commission at its September 14 meeting. voted unanimously to approve the Tentative Map of Tract No. 42204 for a proposed 10-unit residential condominium at 1036 Fairview Avenue subject to specified conditions. (See staff report dated October 5.) Mayor Pellegrino declared the hearing open and Mrs. Johanna Hofer, 875 Monte Verde Drive, asked the type of roof contemplated for this pro- ject and noted the density of the area in question. The Planning Director responded in part that it will be a Class "All roof ... but did not know the type of material at this time. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Lojeski and carried. It was further MOVED by ,Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows, that the Negative Declaration be approved and filed, find that the project will not have a significant effect on the environment ... find that the tract is consistent with the General Plan; that the waste discharge would not result in a violation of the existing requirements set forth in the Water Code; -1- 10-5-82 ' p REVISED PLANS FOR 230 EAST F'f),ITHr;,r. APPROVED J~ .,.,{"Il': ... \ c..f\ \ /liD'''' HEARING SWIMMING POOL VARIANCE GRANTE~ I': ~ I'V, , 'I \\ \' . (' f\' e\.ili:(~ V-{Ll> 0 c.. 0 25:n589 the Director of Public Works be authorized to approve the Subdivision Agreement, and that said Tract be approved subject to conditions out- lined in the staff report dated October 5. 1982. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah The City Council on September 21, appealed a modification for a pro- posed office building at 230 East Foothill Boulevard. It was noted that the Modification Committee had approved the revised design for the building. Council expressed concern with the balcony which would permit a person to stand on the balconv ~nd look into the residential properties. 1 Mayor Pellegrino declared the hearing open and Dan Morris, 1801 Oakview Lane, one of the principals in the project. explained how the plan was revised and that the balcony was meant as a safety zone along the edge of the building to allow some light into the inside offices. The hearing was CLOSED but based on considerations, it was OPENED once more. Mr. Morris suggested thev make the balconv wall 6 ft. high so no one cnuld look out of the balcony but it would still permit some light inside, It was MOVED bv Councilman Dring, seconded by Councilman Lojeski and carried that the hearing be CLOSED. It was further MOVED by Councilman Dring, seconded by Councilman Haltom and carried ;:m roll call vote as folL1ws, that the modifications be approved subject to the condition that the revised plans be reviewed and approved by the Planning Department and that they conform to the stipulation that the balcony be 6 feet high. AYES NO,ES ABSENT: Councilmen Dring, Haltom, L0jes~i, P~llegrino :;jone Councilman Hannah Pursuant to Section 3427 of the Arcadia Municipal Code, Roland Messori filed a request for a variance to Section 3420 "f the Code which estab- lished fencing requirements for pool areas. The applicant is construct- ing a pool at 1264 Oakhaven Road in the Whispering Pines area. A fence is being proposed which would enclose the pool area from properties excepting the portions of the proper tv with a height differential from the easterly properties of approximatelv 200 feet - along with steep slopes which make them inaccessible to the pool area. An electronically- controlled gate from the house is also proposed. The Planning, Public Works, and Building Departments have reviewed this and have no objections to the variance. It was also the opinion of staff that based on the topography on the north and east, the inaccessi- bility of the pool area - and the electronic gate - the safety of pre- school children would not be jeopardized bv granting the requested variance. 1 Mayor Pellegrino declared the hearing open and Mr. Messori responded to questions - in part that Charles Bluth, developer of the Whispering Pines area, had built the house pursuant to approved plans. No one else desiring to be heard, the hearing was CLOSED on MOTION by Council- man Lojeski, seconded by Councilman Haltom and carried unanimously. It was rlOVED by Councilman Dring, seconded by Councilman Haltom, that the variance be APPROVED subject to the condition that the southeast corner grade to the bottom of fence distance be reduced to four (4) inches or less. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah -2- 10-5-82 " ROLL CALL 1 PURCHASE AGREEMENT APPROVED 138' E'lst Hun' i l~-!l()T\ Drive) q~ Vf1' 1.1 ~''.) 1 25:0590 Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT Members Dring, Haltom, Lojeski, Pellegrino Member Hannah It was MOVED by Member Dring, seconded bv Member Lojeski and carried that Member Hannah be excused. The Agency considered the request ,)f th.. Communications Workers for Agency pErticipation in a land transaction between the Communications Workers and Edward Sullivan relating to Mr. Sullivan's property at 138 East Huntington Drive. The Workers are negotiating for the pur- chase 01 this property from Mr. Sullivan. The staff report included the cQmmunications from the Workers and a diagram of the subject pro- pertv. [t would be a three-wav escrow closing simultaneously with the title passing from Mr. Sullivan through the Agency to the Communications Workers. During this consideration Cnuncilman Haltom submitted that if the City continues to give tax breaks, someone has to pick up the slack ... someone has t,J pay the bills He felt Counci 1 is passing them along (II those who elected them. It was MOVED b, Member Lojeski, seconded bv Member Dring and carried on rl'lll cali vote as r.,:lllows, that staff be directed to prepare a purchase agreement between the Agencv and Mr. Sullivan, a Disposition and Deve! .lpment Agre:emen t between the Agenc'\' and the Communications Workers. the appropriate Environmental Impact Reports, dnd resolutions for each .'"\f these, and that the Communications Workers pav all C'0StS cnnnected therewith. AYES ~OES ABSENT: Members Dring, Lojeski, Pellegrino Member Hal t ~)m Member Hannah There bei.ng no further business to ,~ome before the Agency, the meeting was adjourn~d t~ 7 p.m. Thursdav, Octnber 21, 1982. AUDIENCE PARTICIPATION Edward Uliasz, 55 West Lemon Avenue, commended the Police Department on its recent apprehension l)f a rob~':,ry and rape suspec t who has been operating in the morning hours in The Baldwin Stocker School area. Charles Kelly, 516 San Luis Rey, spoke to the problem created by persons attending the Newcastle Park .... He asked that the gate be closed as robberies are occurring in the evening hours and there is a great deal of traffic. The Police Chief said that when the gate was locked it solved most of the problems. Grace Kelly, 516 San Luis Rey, reiterated Mr. Kelly's request. Jai-Mei Lee, 522 San Luis Rey, said she has been robbed twice and also asked that the gate be closed in the evening. Herbert Fletcher, 175 West Lemon Avenue, said in part that members of the City Council are elected at large and noted that members of the present Planning Commission are all residents north of Foothill Boule- vard, and felt those residing south of Huntington Drive do not have representation on the Commission~ He suggested that Council consider placing an advisory measure on the ballot to see if the voters would support having the City divided into districts. Mr. Fletcher then referred to tax-exempt bonds, to which he is opposed ... and felt if the City is going to do this, it should be available to everyone. He suggested Council look at Proposition 5 which is supposed to be used to help people purchase homes ... se~ if it can be used to the advant- age and benefit of everyone in the Ci.ty. He also said he would like to see a woman on the Planning Commission. -3- 10-5-82 P!Sve!:l~ TRACT NO. 40892 EXTENS ION (April 21, 1983) .-' Pt .J V t I\l \ FUND RAISING EVENT REAL ESTATE SIGNS / 25:0591 Johanna Hofer, 875 Monte Verde Drive, submitted a letter from Bert Johnson concerning redevelopment. Mrs. Hofer felt the last Newsletter should have warned residents about the rapist .... She also commended Council on the creation of the Olympic Commission and expressed concern as to the costs to be incurred... Karen Garn; 45 Rodell Place, also felt she would like to have been warned in some manner about the rapist. Steve Worsley. 348 West Norman Avenue, &poke on behalf of the property owners located 00 First Avenue between Diamond and California Streets and said in part, that the businessmen in the area were never polled about parking restrictions which now r'equire a 2-hour limit... it was always unlimited parking. Mr. Worsley asked Council to review the situation taking into consideraton the needs of those owner-businesses. 1 James Milavek, 110 Santa Ynez, asked Council to close the gate at Newcastle Park in the evenings and noted the parking which takes place on surrounding streets - also the trash which is strewn along the curb- side s. CONSENT ITEMS APPROVED the request for a six-month time extension for Tract No. 40892 proposing a Boulevard. approved by was granted was granted 21, 1983. sjx-unit residential condominium at 25-31 East Colorado It was noted in the staff report that the tentative map was Council on October 21, 1980 ... a six-month time extension on April 21, 1982, and on March 2. 1982, another extension to October 21. This additional extension will expire April APPROVED the waiving of the $50 per performance fee in connection with a rund-raising event (circus) on behalf of the Arcadia Educational Foundation, to be held October 30 and 31. The fee was reduced to $5.00. THE ABOVE CONSENT ITE~ffi WERE APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Haltom. Lojeski, Pellegrino None COuncilman Hannah Council received a report concerning the request of the Arcadia Board of Realtors for a change in the sign regulations. They asked for two changes: one which would allow two !lopen hOlisel! signs - one as the Code prese~tly permits on the premises, and one located at the next through street intersection pointing toward the "open house". This is allowed now when a house is located on a cul-de-sac. The second change pertains to new condominiums tn an R-2 and R-3 zone .... The builder is now restricted to a sign less than is allowed in an R-l subdivision. Staff advised that if Council desires to consider a text amendment, it would take about 16 weeks. ., r: 1 Doug Meyer, 5428 El Monte Avenue, Temple City - member of the Board of Directors of the Realtors, referred to the requests and said the present restrictions place a hardship on property owners endeavoring to sell their properties, on the local realtors, and on the Police Depart- ment in trying to enforce what he felt is an ambiguous ordinance. Gordon Maddock, 20 West Orange Grove, said in part they worked hard in the beginning to create the sign ordinance and explained how they endeavor to cite those in violation ... it is more of a housecleaning chore than anything else .., and mentioned the time spent in going through the modification application process They need guidelines and asked for favorable consideration. Following considerable discussion, it was MOVED by Councilman Haltom, seconded by Councilman Lojeski and carried on roll call vote as follows, -4- 10-5-82 f I~tf f NEWCASTLE PARK (Gatt' to rema in locked) 1 ~L~CK4 ~~T (1982-83 Fair Housing AUTHORIZED /,'fZ I DISft6IL"f'1 J.-r 1Z..( l' RESOLUTION NO. 5070 (Massarotti disability retirement) ADOPTED 1 1,1 A " ' :.YIo;ORKERS ' COMPENSATION PROGRAM AGREEMENT AUTHORIZED .'5:0592 that staff be directed to institute text amendment proceedings incor- porating the two requests of the realtors. AYES NOES ABSENT: Councilme~ Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah Discussion held on pedestrian safety at Newcastle Park, The gate has been locked to ascertain whether or not this would curtail some of the problems existing in the park. The closing was successful in terminat- ing the loud noise, music. and drinking jn the parking lot area. Dis- cussion ensued and the Police Chief said in part that keeping the gate lucked helped in solving the problems. It was felt that the closing of the gate should be continued and it was MOVED by Councilman Dring, seconded bv Councilman Haltom And carried on roll call vote as follows that the gate be closed and locked. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah During this consideration the Director of Public Works explained Code regulations relating to painting the curbs on Colorado. Some thought will be given to find some way to alert drivers to the crosswalk It WdS noted that the stop light just isn't very visib Ie. Staff report indicating that the Communitv Development Block Grant 1982-83 Fair Housing Program has outlined three options in order to meet the obligations for 1982-83 and recommended the first one covered in the report dated October 5. This alternative would essentially be a continuation of what has been in effect during the past three years and would ensure compliance with RUD's Fair Housing Program at the least cOst to the City in terms of bnth time and money. , It was MOVED by Councilman Dring. seconded by Councilman Haltom and carried on roll call vote as follows, that staff be authorized to allo- cate funding for the Citv's 1987-83 share nf the Commission's contract. AYES NOES ABSENT: Councilmen Dring. Haltom, L,)jeski, Pellegrino None Councilman Hannah Based on staff recommendation, Councilman Dring, presented and read the title of Resolution No. 5070. entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF ROBERT MASSAROTTI FOR DISABILITY RETIREMENT AND FINDING THAT HE IS INCAPACI- TATED TO PERFORM HIS DUTIES AS A POLICE OFFlCER." it was MOVED bv Coune; Iman Dring. ,seconded by Councilman Haltom and carried on roll call vote as follows, that the further reading of Resolution No. 5070 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah On recommendation of staff it was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows that an Administrative Service Agreement be entered into with Trans Pacific Administrators. Inc., for the remainder of 1982-83, at a cost of $1.050 monthly, and that the Mayor and City Clerk be AUTHORIZED to execute same in form approved by the City Attorney. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski. Pellegrino None Councilman Hannah -5- 10- 5-R2 ORDINANCE NO. 1754 ADOPTED I URGENCY ORDINANCE NO. 1755 ADOPTED ( ORDINANCE NO . 1756 INTRODUCED ( ORDINANCE NO. 1757 INTRODUCED I ) / .25 :0593 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1754 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO CHAPTER 1 OF ARTICLE IV A NEW PART 4 REGULATING THE NUMBER OF CATS THAT MAY BE KEPT IN THE CITY OF ARCADIA." It was MOVED by Councilman Lojeski. seconded by and carried on roll call vote as follows, that full text of Ordinan'ce No. 1754 be waived and Councilman Haltom further reading of the that same be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom. Lojeskf. Pellegrino Nanl:' Councilman Hannah 1 The City Attorney presented for th~ second time, explained the cOntent and read the title of Ordinance No. 1755. ~ntitled: "AN URGENCY ORDINANCE OF THE CITY OF ARCADIA EXTENDING THE MORATORIUM TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR APPLICATIONS THAT PROPOSE WINDOWS FACING ABUTTING R-l PROPERTY IN STRUCTURES ON PROPERTY ZONED COMMERCIAL DURING THE INTERIM PENDING THE STUDY OF ZONING PROPOSALS AND REGULA- TIONS TO DECREASE THE IMPACT OF DEVELOPMENT OF COMMERCIALLY ZONED PROPERTY ON ABUTTING PROPERTY ZONED R-l. AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE, TERMINATING MAY 21, 1983." It was MOVED bv Councilman Lojeski, seconded by Councilman Dring and carried on roll call vote as follows. that further reading of the full text of Ordinance No. 1755 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah The City Attornev presented, ~xplained the content and read the title of Ordinance No. 1756, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARCADIA M1)NICIPAL CODESECTlONS 6424.2.1 AND 6424.2.5 MODIFY- ING THE DATES FOR ACCEPTANCE OF FIREWORKS STAND PERMIT APPLICATIONS AND THE NUMBER, OF FIREWORKS STAND PERMITS ISSUABLE." It was further MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows that Ordinance No. 1756 be INTRODUCED. AYES NOES ABSENT: Councilmen Drin~, Haltom, L0jeski, Pellegrino Non I:;;' Councilman Hannah The City Attorney presented Ordinance No. 1757, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AUTHORIZING THE CALLING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY; APRIL 19, 1983 AND AUTHORIZING IT TO BE CONSOLIDATED WITH THE REGULAR ELECTION OF THE ARCADIA 80ARD OF EDUCATION ON SAID DATE'''I Councilman Dring and the City Attornev shared in reading the contents of this ordinance. Considerable discussion ensued, amendments were agreed upon and incorporated by the City Attornev, It was then MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote that Ordinance No. 1757 be INTRODUCED as amended. AYES NOES Councilmen Dring, Lojeski, Pellegrino Councilman Haltom (felt such consolidation would not give every- one a fair chance - one's identity would be lost with so many candidates on the ballot.) Councilman Hannah ABSENT: -6- 10-5-82 f: CLAIM REJECTED (Jensen) 1 /1 /" CLAIM REJECTED (Martinie) ~ . \' . CLAIM REJECTED IS"<t"rb,,,rg} DRING ./ LOJESKI I LOJESKI j 1 LOJESKI I RESOLUTION NO. 5068 (Salary change) ADOPTED I 25:0594 On recommendation of the City's Claims Adjuster and the City Attorney, the claim of Gertrude M. Jensen was rejected on MOTION by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom. Lojeski, Pellegrino None Councilman Hannah On recommendation of the City's Claims Adjuster and the City Attorney. the claims of Yves Martinie, Annie Martinie. Thibaud Martinie, and Delphine Martinie were rejected on MOTION by Councilman Lojeski, seconded by Cound Iman Dring and carr i",d 'In roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Ldjeski, Pellegrino None Councilman Hannah On recommendation of the City Attorney, the claim of Sallie Soderberg was rejected on MOTION by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vot~ as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino None Councilman Hannah Councilman Dring referred to provlslons of the "No Smoking" ordinance: It was the consensus of the majority Cnuncil that the ordinance remain as it stands. The Director of Public Works advised on the status of the complaint con- cerning an uprooted tree coming through the sidewalk and into a resident's yard - the cost to remove the tree has been submitted to the property owner; however, the Department has not received a response. Brought up the hours of the Library primarily the problem of the American Association of University Women in its use of the Lecture Room on Monday evenings .., they are concerned now that the Library is closed on Mondays '" also, the School Board felt it should have been notified of such closing prior to the hours being changed; there is also no indication that the Library Board was aware of the recommendation to close the Library on Mondays. The Librarian explained that he has made arrangements for the AAUW to proceed with its programs for the Mondays in October and November; that he had been advised the Association will change the day to Tuesday for its meetings in January through April, 1983. The Librarian will take this up with the Board and report back to Counc il . In response to a question, the Director of Public Works advised that the property-owner is responsible for the upkeep of the parkway on Foothill Boulevard west of Baldwin Avenue .... The Property Maintenance Division handles complaints therefor. Councilman Lojeski suggested that Council members drive down Foothill Boulevard to see the condition. Council entered a CLOSED SESSION, reconvened and took the following action. Resolution No. 5068 was presented, contents explained, and the title read: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE SALARY SCHEDULE RATES FOR GENERAL EMPLOYEE POSITIONS." This related to the salary for the classification of Economic Redevelopment Assistant to be set at $1.373 to $1,669. -7- 10-5-82 25:0595 Councilman Dring MOVED that the reading of the full text be waived and that same be ADOPTED. MOTION seconded by Councilman Haltom and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen &ring, Haltom, Lojeski Mayor Pellegrino Councilman Hannah ADJOURNMENT OCTOBER 21 7 P.M. (Thur sday) The Council adjourned in memory of Mrs. Eunice Batterson who passed away October 2, 1982. Mrs. Batterson was a life member of the Women's Auxil'iary of the Methodist Hospital, a member .of the Arcadia Republican Club, and the Tournament of Roses. She is survived by her husband Charles and a son, four grandchildren, and two great-grandchildren. I Council adjourned at 11 p.m. to October 21, 1982 at 7 p.m. in the Conference Room to conduct the business of the Council and Redevelopment Agencv and any closed session, if any, necessary to discuss personnel and litigation matters and evaluation of properties. ' ~ ATTEST: M~A<e ~ ~~ City Clerk , .' ._ 1 -8- 10- 5-8 2