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HomeMy WebLinkAboutOCTOBER 21,1982_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION. PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL OATH ADMINISTERED p, HEARIN G VARIANCE FROM BUILDING CODE APPROVED I ROLL CALL 25:0600 M I NUT E S CITY COUNCIL OF THE CITY OF ARC4VIA and the ARCADIA REDEVELOPMENT AGENCY 'REGULAR MEETING OCTOBER 21, 1982 The Cit'Y . Council of the CHynof Arcadia and the Arcadia Redevelopment Agency met in a regular session Thursday, October.21, 1982, in the Arcadia City Hall Council Chambe~s. Reverend Leslie G, Strathern, Arcadia Congregational Church Police Officer Tim Murray PRESENT: ABSENT : Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino None On MOTION by Councilman Lojeski, seconded by Mayor Pellegrino and carried unanimously, the minutes of the adjourned and regular meetings of October 5, 1982 were APPROVED. Councilman Hannah abstained from voting as he was absent on said date, The City Clerk administered the Oath of Office to incoming Olympic Com- missioners Craig Lucas, Lawrence Papay and Ray Rogers. Councilman Lojeski .then welcomed each and presented credentials. Request of Wayne Albinger, Vice President of Operations for Automatic Data Processing (ADP) for a variance from the.Building Code for the use of a temporary structure at 405 Lynrose Avenue. It would be a trailer- type structure and be in use from November to the end of June, 1983, to accommodate its IS-person Software Development Department. The company has acquired additional building space which will be remodeled to per- manently house its expanding operations. The Planning, Building, Fire and Public Works Departments have reviewed the request and have no objections providing that specific conditions, set forth in the staff report dated October 21, are complied with, Mayor Pellegrino declared the hearing open and no one desiring to be heard, the hearing.w.as 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 variance be granted subject to specified conditions. AYES NOES ABSENT : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Haltom, Hannah, Lojeski, Pellegrino None -1- 10-21-82 FACILITY OPERATIONS 412 E. Huntington APPROVED cr/I r: I'): rt 7.: l- PROPERTY TO BE MARKETED South west corner of Huntington & Fifth Avenue " (?X I ^-- I ' PROGRESS REPORTS R P I 'PROJECT 250 West Colorado PI. -1- ~ I .il ( ,1. ' 25:0601 Staff advl.sed that the escrow for the purcha1:'e of the Round-Up Motel at 412. East'Huntington Drive has closed and submitted in detail the manner in which the Agency will henceforth operate the facility. The current resident managers have agreed to stay on until such time as the motel is sold or demolished. They have operated the Round-Up Motel for ~o years with a prior 19-year experience in motel management. They will continue to be responsible for the day-to-day operation of the motel. They receive free rent and $1,300 per month. This will be con- tinued. 'Adequate financial controls have been initiated (set forth in report dated October 21, 1982.) MonthlY audits and reconciliation will be performed by the firm of Lance, SolI and Lunghard at approximately $150 per month. (This to be for three months initially.) It was MOVED by Member Hannah, seconded by Member Haltom, and carried on roll call vote as follows that the Executive Director be AUTHORIZED I to take all steps and to sign all documents and instruments, to operate and maintain the Agency-owned property at 412 East Huntington Drive - as outlined in the staff report. AYES NOES ABSENT : Dring, Haltom, Hannah, Lojeski, Pellegrino Members Ilone None Staff advised that the escrow has closed on~~ acquisition of the Fifth \ 1 Avenue and Huntington Drive site (south west-corner) ... and recom- mended that marketing of the site now take plabe. A report dated , October 21 set forth the procedure.... A brochure to be prepared re- garding the site and criteria under which propbsals will be evaluated. Staff will review each proposal and present tolthe Agency three pro- posals which have the greatest potential. Dur.ng the consideration Member Lojeski was advised that the Agency will have the final say on the architectural aspect of the proposed project. Member Dring was advised that the proposal will indicate that the Agency is not required to accept any of the proposals. ; , seconded by Member Dring and carried on staff be directed to proceed with mar- site as outlined in the staff report It was MOVED by Member Lojeski, roll call vote as follows, that keting the Fifth and Huntington dated October 21, 1982. AYES NOES ABSENT : Members Dring, Haltom, Hannah, Lojeski, Pellegrino None None Staff advised on progress being made on specific projects - the demolition of the old 'Thrifty' site at the northwest corner of First Avenue and Huntington Drive is almost completed and a marketing strategy will be before the Agency on November 2. The Parking Place Commission will henceforth receive copies of the update on a regular basis. Report will be forthcoming on the use of Community Development Block Grant Funds. Discussion held regarding the financial statements requested from RPI, Inc., which company has requested tax exempt financing through the City for its project at 250 West Colorado Place. Member Dring inquired regarding the financial sheet of Cornerstone Development Company which shows it owes Chairman Pellegrino a balance due on a note secured by real property, and suggested because Cornerstone lists Chairman Pellegrino as a creditor, that the Resolution of Inducement for RPI and Agreements for retention of a Consultant and Bond Counsel be reconsidered so Chairman Pellegrino could abstain from voting. I Chairman Pellegrino stated in part that he didinot hold a note from Cornerstone Development Company but held a not~ from a David C. Schultheis and holds nothing from RPI, Inc. He explained further I I , I -2- 10-21412 I ADJOURNMENT November 2, 1982 I 25:0602 he had no prior knowledge of Schultheis' business connections with Cornerstone or any, if any, Cornerstone may have with RPI, Inc. Chairman Pellegrino then requested a ruling from the Agency General Counsel as to whether or not.he could vote on a motion to reconsider RPI's resolution, and he ruled that Chairman Pellegrino did not have a conflict and could vote since RPI does not owe him anything. Member Dring then MOVED that ARA Resolution No. 69 be reconsidered. Motion seconded by Member Haltom. Motion failed to carryon the following roll call vote: AYES NOES ABSENT: Members Dring, Hannah Members Haltom, Lojeski, Pellegrino None No further business to come before the Agency, the meeting adjourned to November 2, 1982 at 7 p.m, in the Conference Room, AUDIENCE PARTICIPATION AlIi Roysher, 1784 South Santa Anita, Chairman of the Los Angeles County Interbranch Council of the American Association of University Women, member of the Arcadia Branch, and a former member of the Arcadia Beautiful Commission, submitted a motion passed by the Arcadia Branch of the AAUW to the effect that they oppose any change of land use in the Arcadia County Park, which motion was endorsed by the County Interbranch Council of AAUW. Mrs. Roysher continued in part that the entire park was formerly a part of the Ross Field Military Reservation and Balloon School, which was quitclaimed to the County by an Act of Congress for public park, playground, recreation, and cultural pur- poses ,.. if not used for such purposes it would revert back to the U.S. Government. Examples of its use were submitt4d. Other locations were suggested for commercial development ... no taxpayer's money should be spent on tentative plans for a project to which there is strong opposition. Lincoln Chavez, 1636 Oakwood Ave., also expressed concern at the pos- sibility of commercializing the County Park - or a portion thereof. He noted in part that actually the open park area is small, with athletic activities covering about 60% of the park .,. with the remain- ing in full-grown trees and grass. Any building, be it for an audi- torium, senior citizens facilities or the like, would ruin the park for those here now and for all future generations. He referred to the reversionary interest in the deed and asked that this not be changed so that commercial development could be brought in, In addition, he felt the maintenance of the park should not be borne by the City - as the residents are County taxpayers too .., that the interest of all concerned would be best served to let the County retain control and maintenance and that no attempt be made to change the provisions involv- ing the reversionary clauses. Mary Soldate, 276 Hacienda, spoke in opposition to any building in the County Park - there is no dirth of commercial property for development and noted several new plans for commercial development in the area. She also felt now that BUD has not approved the proposed units on Naomi Avenue.- that there is room in that location for a senior citizen recreational center, She asked Council to consider the full impact, not only for the present but for the future - as each year passes open space becomes more cherished and more desirable. Sherry Passmore, 1109 Columbia Drive, inquired as to whether or not Supplemental Environmental Impact Reports had been prepared, including an economic feasibility study, for the Ramada Inn project. -3- 10-21-82 HEARINGS SCHEDULED r: i!r:.J: BINGO SIGN P ,133 COMMUNICATIONS FIRE DEPT. 25:0603 ( \ Staff advi?ed },n part that Supplemental Environmental Impa~k R.ep,?r!.s .' are only. required i"\1 the' Planned Development Zone and Ramaaa 11C'n" is'" . 'n~t in that zone. An EIR was prepared for the Ramada,Inn when they applied for'a zone change and the conditional use per~it ... an eco- nomic feasibility study was not part of the'EIR as i~' is understood that the law does not require the EIR to address economic feasibility. ,- ,;., Mrs. Passmore felt that an economic feasibility study is require",,; ". especially in the case of tax exempt fiRancing where the impact could, fall on the taxpayers of the City. As to the County Park, she referred to the Simon Eisner report and its reference to open space. She was against taking any more public parking or park facilities ... the County Park was given to everyone and should remain that way. Herbert Fletcher, 175 West Lemon Avenue, spoke to the structure;of;.J,- I the Planning Commission and noted that it is composed of, per'\8ns; 1!:,;":' residing north of Foothill Boulevard, and said in part that .P9~~~i~s. should not enter into the appointments .., and that staff persons should not be involved ... they have a job to do and should be free of that .., the Commissioners may be the most capable of people but the present Commission is not representative of the ~ntire City. He urged people to participate in the issues that come before Council - otherwise Council will assume they approve of its actions. Barbara Wild, 529 West Las Tunas Drive, Administrator of the ,California Home for the Aged Deaf, referred to an item on the agenda regarding the Bingo sign at the home which the Planning Commission recommends be made into something more permanent, With that she agrees but asked Council to consider allowing the sign to remain for a period of three months as it is, then they will replace it with a permanent sign. Staff said there would not be a problem with that: (SEE CONSENT ITEM BELOW.) Dr. Lewis May, 269 West Wistaria, representing the Tournament of Roses Association of Arcadia, referred to an item on the agenda regarding the hope of the Association to be allowed to solicii"'neighborhoods for financial assistance for the City float, This'they'would like to do November 13 to 21. (SEE CONSENT ITEM BELOW.) ".- '. " " ,: I~" .' " CONSENT ITEMS . '. ~ I :.: :1 SCHEDULED public hearing for November 16 on Planning Commission' Resolution No. 1209 recommending denial of Text Amendment relating to commercial building setbacks and window openings. SCHEDULED public ,hearing for November 16 on Planning Commission Reso- lution No. 1210 recommending approval of a Text. Amendment adding game machine and game machine arcade regulations to the zoning regulations. c. , ;- '(.' APPROVED request of the California Home for the Aged Deaf at 529 West Las Tunas Drive for a permanent sign to advertise bingo games. Mrs. Barbara Wild, the Administrator, had earlier in this meeting asked if the present sign could remain for three more months, after which they will construct the permanent sign in compliance with conditions set forth by the Planning Department. This will not present any problem and was'approved.' I AUTHORIZED'advertising for bids for the purchase of communications equipment for the new Emergency Dispatch and 9-1-1 Center. The con- sultant, Telecomm, Inc., will review all proposals with staff and a recommendation will then be made to Council. , ~4- 10- 21-82. R: -rIP- SOLICIT FUNDS - Float (1.. !, ~ nrr' CONDUIT IN PUBLIC RIGHT-OF-WAY I F; / J,r::D CONTRACT AWARD (STREET MAINT.) Job No. 527 fl- P~ING FIRST AVE. UNRESTRICTED ALLOWED F : Il-~ i ,f STORE FRONTS FASHION PARK APPROVED I ;:rl- SAFETY CONSULTANT RETAINED. 25:0604 APPROVED the request of the Arcadia Tournament of Roses Association for a waiver of Municipal Code Sec~ion 6613.13 (t) to permit neighbor- hood solicitation for funds toward the float to represent the City in the. Rose Parade. in Pasadena. Dates would be November 13 to November 21, 1982., Hours to be limited to 11 a. m. to 3 p. m. APPROVED request of the E. H. Butland Development Corp. for a permit to install a privately owned 1-1/2 inch conduit in the public right- of-way in Lovell Avenue at the interesection with Duarte Road purpose would be to install a computer system interconnect between the property at 550 West Duarte Road and 612 West Duarte Road. Per- mission was granted pursuant to conditions set forth in staff report dated' October 19, 1982. AWARDED the contract for the annual street maintenance program - concrete gutter construction, Job No. 527, to the low bidder, E.G.N. Construction, Inc., in the amount of $39,545.50; waived informali- ties .or irregularities. in the bids or bidding process and authorized the Mayor and City Clerk to execute the contract in form approved by the City Attorney. AUTHORIZED a change in parking restrictions on South First Avenue from California to Diamond -.removed the 2-hour parking restriction to allow unrestricted parking. This conforms to a petition and request from the School District, The Director of Public Works was authorized to handle .a11 future requests for changes in parking throughout the City. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN HALTOM, AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring. Haltom, Hannah. Lojeski. Pellegrino None None Pursuant to the requirement that all preliminary plans for Fashion Park be submitted to and shall be subject to approval by the City Council, staff . submitted a report on the request for permission to install pop-out store fronts in the mall. The net effect would be to provide for greater facade differentiation of the store fronts facing into the mall. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the request be approved provided that the additional square. footage by the additions are included in the mall's total square footage for parking purposes. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski. Pellegrino None None Council received and cpnsidered a report from staff recommending bringing in an outside safety consultant to make a study of the City's record of injuries in an effort to determine if there are any patterns or anything which would indicate why there are so many increases in the injurY,Fates ... and to make a thorough review of all the City's facilities to ascertain if there are any facilities or e~uipment which could become a safety hazard. A recommendation was made for the retention of a qualified firm. It was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows, that staff be authorized to contact the Trans Pacific Company to conduct an initial safety study -5- 10-21-82 ORDINANCE NO. 1756 ADOPTED / ORDINANCE NO. 1757 NOT ADOPTED I 25 :0605 at a cost not to exceed $1.800. with the cost of the study charged to the Workers' Compensation Fund. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah. Lojeski, Pellegrino None None The City. Attorney presented for the second time, explained the content and read the title of Ord<inance No. 1756 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE SECTIONS 6424.2.1 AND 6424.2.5 MODIFYING THE DATES FOR ACCEPTANCE OF FIREWORKS STAND PERMIT APPLICATJONS AND THE NUMBER OF FIREWORKS STAND PERMITS ISSUABLE." It was MOVED by Councilman Dring. seconded by Councilman Haltom, and carried on roll call vote as follows, that further reading of the full text of Ordinance No. 1756 be waived and that same be ADOPTED, I AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None The City Attorney presented for the second time, explained the content and read the title of 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 CON- SOLIDATED WITH THE REGULAR ELECTION OF THE ARCADIA BOARD OF EDUCATION ON SAID DATE." It was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows, that further reading of the full text of Ordinance No. 1757 be WAIVED: AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None It was MOVED by Councilman Lojeski, seconded by Mayor Pellegrino that Ordinance No. 1757 be ADOPTED, (Not adopted on roll call vote.) Discussion ensued and it was Councilman Hannah's observation that Council is being a little premature in adopting something of this magnitude with- out getting into all of the ramifications. He would be opposed from the standpoint that he does not think issues of the City Council will be given priority at election time if the election is consolidated with the School Board Election ... that he does not believe the amount to be saved would be substantial and he would like to keep a status quo, and urtil he finds out just what is intended, he would not be in favor of doing anything, In response to an inquiry by Councilman Lojeski, the City Attorney said in part that the ordinance does not set the election'date nor does it I consolidate the elections - all it does is to give the Council the optio of doing that one way or the other by December 21. Councilman Haltom said in part that if the ordinance is not adopted at this time, it is a good time to finish it right now - because if this Council does not implement this, perhaps another Council will, and his own opinion is, as long as he is on the Council, it would cause havoc with the voters who have trouble enough now discriminating between the two agencies .., that rather than motivate their interest, he thinks they will become disgusted and lose interest in both elections ,.. that is one of his reasons for voting against it. -6- 10-21-82 I RESOLUTION NO. 5051 ADOPTED /' RESOLUTION NO. 5072 ADOPTED v' I f;;' : CLAIM REJECTED FERNANDEZ RACE TRACK AND THE TUCKER BILL Agreement and Ordinance to be Prepared for Nov. 2 tlSf 25 :0606 Councilman Lojeski spoke at length about consolidation of elections .... He recently attended the League of Oalifornia Cities meeting in San Diego and sat in on a session concerning this matter ... most of the city representatives spoke in favor of consolidation ... and the pros and cons were submitted ... the lone negative seemed to be that in con- solidation with the County, that agency takes precedent -- in the tabu- lation of the votes and the results take a little longer to certify, As to s~hoo1 and city consolidation, the vote was usually much larger '" and indicated a savings in election costs. He said the report will be submitted to Council as soon as it is available. Councilman Dring said in part that he cannot support an ordinance which allows Council to put befo~e the electorate a Charter change without it specifying exactly what is going to be changed... as it stands, he is swayed by the arguments proposed by Councilman Hannah and the position of Councilman Haltom. Roll call vote was then taken on the motion: AYES NOES ABSENT : Councilmen Lojeski, Pellegrino Councilmen Dring, Haltom, Hannah None The City Attorney presented, explained the content and read the title of Resolution No. 5051, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DESIGNATING THE COUNTY OF LOS ANGELES AS ITS AGENT FOR SERVICE OF PROCESS FOR ACTIONS UNDER THE REVENUE AND TAXATION CODE," It was MOVED by Councilman Dring, seconded by Councilman Haltom, and carried on roll call vote as follows, that further reading of the full text of Resolution No. 5051 be waived and that same be ADOPTED, AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None The City Attorney presented, explained the content and read the title of Resolution No. 5072, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DELETING RETIREMENT LIFE INSURANCE BENEFITS FOR NEW MANAGEMENT EMPLOYEES." It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that further reading of the full text of Resolution No. 5072 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen None None Dring, Haltom, Hannah, Lojeski, Pellegrino On recommendation of the City Attorney. the claim of Carole Fernandez was rejected on MOTION by Councilman Lojeski, seconded by Councilman Hannah and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino Councilman Dring None Ray M. Rogers, 360 North Baldwin, of Santa Anita Race Track, explained in detail the Tucker Bill which was introduced in the Legislature as an emergency bill urging cities with race tracks to give more money to the respective cities. It passed the Legislature and was signed into law by the Governor and as it was an emergency, it became effective immediately. It gives the cities a share of the betting dollar. He continued in part. that for example: for fiscal year 1981-82 Arcadia -7- 10-21-82 HANNAH I LOJESKI I DRING I HALTOM I HALTOM .; 25; 0607 received $1,066,000 from the track f s admission tax .... if this law had been in effect, the revenue-would have been $1,872,000 or an increase of roughly 70%. Other projections were submitteft which had been included in a communication to the City Manager. Considerable discussion ensued with Ray Rogers and John Stamper, attorney for the race track, on aspects and possibilities of this legis- lation. It was MOVED by Councilman Haltom, seconded by Councilman Hannah and carried on roll call vote as follows, that staff prepare a draft agreement with Santa Anita Race Track, as well as a draft ordinance for Council consideration at its November 2, 1982 regular meeting. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None I Mr. Rogers asked that the attorney for the race track and the City Attorney work together on the drafting so any differences may be worked out prior to the November 2 meeting. Mayor Pellegrino sug- gested that Mr. Stamper get in touch with the City Manager to work out a time and place for the meeting. MATTERS FROM ELECTED OFFICIALS Submitted communications to the City Manager from (1) Mrs. D. Ryan concerning Camarillo State Hospital: (2) Letter concerning a stop light or stop sign adj~cent to or near specific property: (3) Com- munication from Roger C. Williams indicating that if a committee is formed to study Cable TV, he would like to serve on the committee, and a letter from Sharon Culverwell concerning cable TV... this to be included in the next packet for the City Council. Submitted the comments made by Councilman Bruce Latta from Azusa expressing appreciation for the demonstration of the K9 program. Asked if - now that Council will have the substantial increased in- come from the provisions of the Tucker Bill - would Council consider a reduction in the utility tax ... the State will be giving the City a windfall and he would like to see a portion of it returned to the residents. Mayor Pellegrino stated in part - that could be a considera- tion at the next budget session. Report to be forthcoming from the Finance Director. Expressed concern with the children soliciting after dark and suggested changes be considered in the ordinance to permit soliciting on Saturdays. Council concurred in this. Schools will be notified about the solicita- tion hours. Council adjourned to the Conference Room, Said he would like to change his vote on the motion to reconsider ARA Resolution No. 69 '" that he realized he had voted opposite to the way he intended, and MOVED to reconsider his vote. MOTION seconded by Councilman Dring and carried on the following roll call vote: I AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah Councilmen Lojeski, Pellegrino None It was MOVED by Councilman Haltom, seconded by Councilman Dring, that ARA Resolution No. 69 be reconsidered. -8- 10-21-82 I I 25:0608 Council entered a Closed Session, reconvened, and roll call was taken on the HOT ION as follows: Councilmen Dring, Haltom Councilmen 'Hannah, Lojeski, Pellegrino (the City Attorney had ruled that Mayor Pellegrino could'vote as he had no conflict of interest) None AYES NOES ABSENT: Council reentered a closed session, reconvened to 7 p.m, November 2, 1982, in the Conference Room to conduct the business of the Council and Redevelopment Agency and any closed session, if any, necessary to dis- cuss personnel and litigation matters and evaluation of properties. ATTEST: -9- 10-21-82