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HomeMy WebLinkAboutNOVEMBER 16,1982_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25: 0620 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING (Zone Change R-O - "0") CONTINUED FOR LATER DATE , l 1 , MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 16, 19B2 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, November 16, 1982 at 7:30 p.m. in the City Hall Council Chambers. Arthur Mason, Spiritual Aims Chairman for Division 35, Kiwanis Club Councilman Hannah PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino ABSENT: None On MOTION by Councilman Dring, seconded by Councilman Lojeski and carried unanimously, the minutes of the adjourned and regular meetings of November ,2, 1982 were APPROVED. Councilman Lojeski did'not participate in the following matter as he is a resident in the subject area. Planning Commission recommendation (Reso- lution No. 1208) approving a "0" des,ign overlay to the R-O 15,000 and R-O 30,000 zoned properties located in the Santa Anita Oaks area bounded by Orange Grove on the north, Santa Anita on the east, Foothill Boulevard on the south, and Baldwin Avenue on the west. The subject zone change was initiated by the City Council at its July 6 meeting at the request of Gary Dorn, current Chairman of the Santa Anita Oaks Homeowners' Archi- tectural Review Board. In establishing regulations applicable to the properties in the area, the City would be enabled to enforce the regulations. ... The design overlay would not abrogate the existing deed restrictions. The design overlay regulations were prepared by Mr. Dorn and developed with his knowledge of the various deed restrictions, and patterned after the City's other design overlay areas. It was noted by staff that a Negative Declaration had been prepared. If this zone change were effective and the design overlay in place, it would function the same as the others.... For instance, if there were a disagreement between, a property owner and the Architectural Re'view Committee reg~rding the type of materials to be used, the decision could be appealed by either party to the Planning Commission, and eventu- ally to the City Council. Mayor Pellegrino declared the hearing open and Garv Dorn, 1410 Rancho Road" said in par~ that he is the agent acting on behalf of the Grantor, the Clara Baldwin Stocker Home for Women. It is a charitable trust set up by Anita Baldwin and 1's an operating trust today... that it seems to be a legal question as to whether the Grantors can give up their rights under the Grant Deed.. . they are will ing to allow the Architectural Review Board to act as' its representative with respect to certai n matters. In response to a question, the City Attorney said that if the Grantors do , not subrogate their rights, the r.esidents would have to go through two architectural review processes. .' -,. ' ,Mr. ,DOrin explained the reasoning in desiring to create a D-overlay zone. , It,' i s ,the" 'inabil ity of the Grantor or jts agent, or in fact, the Santa 'Ari'ft,a"'Da'ks 'Homeowners' Assoc'iation, 'to obtain compl iance under the deed " ' ,.' , " ~. I " "'~ l~ , . " 11-16-82 HEARING (continued) GAME MACHINES AND ARCADES DECEMBER 7 j 25:0621 restrictions ... that changes have taken place in accordance, with the City zoning and building regulations byt not in accordance with the deed res- trictions. Mr. Dorn notea further that the Village, the Upper and Lower Rancho, and the Highlands Homeowners' Associations all; have D-over1ay zoning, which has worked very well. He further stated that the deed res- trictions will be in effect until 1985, at which time the residents may vote them out - otherwise, they remain in effect in perpetuity. He further stated it is his intention to name the Santa Anita Oaks Homeowners' Association with its Architectural Review Board, as agent. Fred Jahnke, 11 Hacienda, stated in part that the residents in the area wish to see an Architectural Review Board responsible to the City in the same manner as the other Architectural Review Boards. They do not wish to see an Architectural Review Board which is carrying out the rights of 1 a former developer or responsible for handling deed restrictions. He could not understand why the present Grantors will not subrogate their rights. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Dring, seconded by Mayor Pellegrino and carried. Extensive discussion ensued about the content of the deed restrictions - the liability on the part of the City'- whether the Grantor can give up the powers completely -- all this depends on the deed restrictions and the trust instrument. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that this matter be remanded back to the Planning Commission under no particular time frame, and' that it remain dormant until appropriate complete infor- mation is available to the Commission, at which time they can then pass judgment and it can then be ,'forwarded to the City Council. AYES NOES ABSENT; Councilmen Dring, Haltom, Hannah, Pellegrino None Councilman Lojeski (for this particular item). Lojeski returned to the Council table. Councilman Planning Commission Resolution No. 1210 recommending a text amendment adding ,game machine and game machine arcade regulations to the zoning regulations of the Arcadia Municipal Code. The Commission also reviewed proposed amendments to the City's business license regulations which set forth specific regulations pertaining to game machines ... the new regu- lations would spell out the various zones in which game machines would be permitted; also, parking and restroom requirements for arcades. All concerns of the Commission were set forth in the staff report. Mayor Pellegrino declared the hearing open and Robert K1adifko, 348 West Las Flores Avenue, spoke in favor of the proposed ordinance. He was particularly impressed, by the inclusion of requiring adult supervision on the premises at all times ... 'regulation of hours establishments are to be open; that game machines not be located within 500 walking feet of a school... that businesses selling alcoholic beverages would pro- hibit persons under the age of 18 using the machines. H~ commended the Planning Commissipn and the City Council, and urged the adoption of the regulations. Eloise Ward, 1420 Rancho Road, with a business known as King Arthur's Family Pizza Restaurant, at 1027 South Baldwin Avenue, said in part that they have always had some type of electronic game in the facility. She said she understands there isn't a problem in the City with video games. She said she is as concerned as anyone else for the welfare of their children, and referred 'to an address she heard while attending the League of Ca1iforhia Cities' Conference ~ecent1y in San Diego... that actually she finds the games offensive but would have to admit that she would prefer ,her children participating in some type of active game in an arcade than be sitting in front of a television screen. She was also concerned about restricting the serving of alcohol... she serves beer with the pizza.... They have 6 or 7 machines and have never encountered a, problem. 1 , -2- 11-16-82, 1 1 25:0622 L.ouis Sma1din.o, 621 West Wistaria, .owner .of the Liqu.or Mart, 142 East Uuarte K.oad. He has six children, geed students and achievers, and all 1.ove t.o play the games. He has had the games fer ab.out three years and has never had any pr.ob1ems ... they always have adult supervisi.on. They are regulated by A1c.oh.o1ic Beverage C.ontr.o1 and must adhere t.o certain rules ab.out miners. He felt that if the City disc.overs an infracti.on that a call rec.ounting the difficu1,ty w.ou1d be all that w.ou1d be neces- sary ... the pr.ob1em w.ould immediately be taken care .of. He noted that the games are a real investment - costing about $3,000 each... they are not toys. He also felt that all of the businesses with game machines should have been advised about this proposed ordinance so they would at least have an opportunity to speak to the issue. Anthony Sma1dino, 1815 Louise Avenue, said in part that when regulations are included requiring game machines to be located 500 or 600 feet from schools, it seems to force the youth to cross streets ... that whatever the distance, they are going to the stores where the games can be played ... especially the junior high school students.... Some reference was made to differences in a grocery store, liquor store, and the like. He felt limiting it to two machines isn't going to help ... it just means the youths will remain in the store longer. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Hannah and carried. I Councilman Haltom said in part that he felt the parking requirements in the proposed ordinance are unreasonable; i.e., 1 parking space for , two machines. He felt three or four machines would be more reasonable. He agreed with the requirements on the distance from schools, but that there has to be some flexibility or change where, for instance, restau- rants, ice cream parlors, and arcades are concerned. Councilman Lojeski stated in'part that he is concerned about obtaining as wholesome environment as p.ossib1e within the various establishments and suggested some added language in the section relating to arrest or c.onvicti.ons of the owners, partners, etc., of an establishment, for crimes inv.o1ving minors.... Also, security lighting when the business is located adjacent t.o residential areas. He agreed with the 500 foot walking dis- 'tance from a school; actually, he would prefer 1,000 feet.... There has been concern expressed by the School Superintendent and School Board about this... that being farther away from a school would be a deterent '" also, some of the places contain extensive racks of literature, porno- graphic in nature. Except for his stated sentiments, he is in accord with the)Droposed ordinance. Councilman Dring submitted in part that the proposed ordinance prohibits arcades in a variety 'of different ways ... where there are no registered complaints; for instance, the pizza parlor - they have been here a long time and are not offensive.... He referred to the regulation for one parking space for every two games ... when the games are played mostly by minors, the parking isn't paramount '" and to require two restrooms in arcades is really discriminatory. He cited other facilities where this isn't required '" 'that minors may go in a liquor store and buy soft drinks and candy bars but can't play the games. Councilman Hannah ,felt that when the minors are waiting their turn to play the games, they can spend the time looking at the magazines and any other 1i:terature on display: He felt that what is needed on the part of the City Council is an abs.o1ute definition of what a video game is ... that he does not really have an' argument with the proposed ordi nance; however; the number of games shou1 d be revi ewed aga i n - for ins tance, the 'number .of games permitted in a 'hotel would ,not necessarily be the same as in a 500 sq. ft. business estab1i~hment. Mayor Pellegrino said in 'part that he would like to have had the input ,'from the, pub1)c prier to the time t~is ordinance was prepared ... as far as the liquor stores are concerned, they have the Federal, State, and the .. ) -3- 11-16-82 HEARING SETBACKS AND WINDOW OPENINGS CONTI NU ED TO DECEMBER 7 j '~';ENIDR C IT !ZEN FUND RAISING COMMITTEE 25:0623 Alcoholic Beverage Control people watching them all the time. He would 1 i ke to see the squa re footage' 'of a pl ace re 1 ated to the number of machines allowed ... and suggested that this matter be continued so that all will agree on the rules and regulations. He asked those in the audience who so desire, communicate their ideas in wri~ing and direct them to the staff so they may be considered. Council will also convey their views. It was MOVED by Councilman Haltom, seconded by Councilman Lojeski and car- ried on roll call vote as follows, that the matter be continued to the next regular City Council meeting. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, LOjeski, Pellegrino None None 1 Planning Commission Resolution No. 1209 recommending denial of text, amend- ment relating to amendments to the building setbacks and window openings in the C-O, C- 1, C-2, and C-3 zones, and to amendments to the modificati'on regulations to provide for modifications to the window opening limitations. This matter was brought up initially because of proposed building con- struction which would result in the loss of privacy for residential owners abutting commercial buildings on Foothill Boulevard. Staff explained that the Commission felt the text amendment would single out areas for specific requirements which deprive commercial property-owners of rights which they have had and enjoyed for a period of time '" and that the text amendment would not solve the problems of buffering residential from commercial land uses. It was brought out that this would apply to all commercial zones. The moratorium runs out on this May 21, 1983. It was noted that a. Negative Declaration has been prepared. Mayor Pellegrino declared the hearing open and no one desiring to be heard, 'the hearing was closed on MOTION by Councilman Lojeski, seconded by Counc,ilman' Dring, and carried. THIS MOTION WAS LATER WITHDRAWN AND THt MATTER CONTINUED TO DECEMBER 7, 1982. Discussion ensued about the success of requiring opaque windows of the type that will let light in but not allow straight-line-of-sight visibility. Inasmuch as the text amendment does not address changing the requirement a modification in the wording would be necessary. It was then MOVED by Councilman Dring, seconded by CounciJman Haltom, and carried, that the hearing be reopened. It was further MOVED by Councilman' Dring~ seconded by Councilman Haltom, and carried, that the matter be CONTINUED TO DECEMBER 7. It was also MOVED by Councilman Dring, seconded by , Councilman Hannah, and carried on roll call vote as follows, that staff be directed to modify the wording of the text amendment as outlined' by the City Council at this meeting. AYES NOES :, ABSENT: Councilmen Dring; Ha1to~, Hannah, Lojeski, Pellegrino None None Council received the request of the Senior Citizens' Commission for the formation of an Ad Hoc Committee for, the purpose of raising funds for a Senior Citizens' Center. The Director of Recreation explained that it has long been an interest of the Commission. Council discussed this and reviewed the staff cost estimates if the facility were to be constructed adjacent to a proposed housing project on Naomi Avenue.... The approximate cost would be $1,138,300 (see report dated November 15.) 1 It was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows that the Commission be authorized -4- 11-16::82', -..<' . 25:0624 to proceed if it so desires, and that the report on estimated costs be submitted to the Commission. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY 1 PRESENT: Members Dring, Haltom, Hannah, Lojeski ABSENT: Mayor Pellegrino (who retired from the Chamber as he has been advised he may have a conflict with the subject matter). The meeting was then chaired by Chairman Pro Tempore Lojeski. PROJECT AREA The Agency received the requested information on Project Area Committee COMMITTEE Rules and Regulations relating to the appointment of members to this APPOINTEE Committee (PAC). John Jorden has been proposed to fill a vacancy on (Continued) the Committee. In compliance with the rules and regulations, Mr. Jorden 11- has submitted a Conflict of Interest Statement indicating limited part- "21 'j ~I" nerships in property at 133 East Huntington Drive and 250 West Colorado I d Place. The Agency would like a list of the partners referred to in the statement. It was the consensus that Mr. Jorden supply this informa- tion to the Legal Counsel to determine whether or not there is a conflict. ROLL CALL The meeting then adjourned to Saturday, December 4, 1982 at 9 a.m. Mayor Pellegrino returned to the Council Table. AUDIENCE PARTICIPATION Dianne D'Auria, 670 Canyon Crest Drive, Sierra Madre, submitted and read a communication' requesting an investigation into the posting of barriers at the intersection of San Carlos and Orange Grove Avenue ... that when traveling north on San Carlos it has become illegal to continue north on Mountain Trail Avenue due to the right turn only sign posted at said crossing and,it is illegal to cross Orange Grove onto San Carlos by posted regulations of "Do Not Enter". Joe Sabo, 707 South Old Ranch Road, brought up the unsanitary condition of property at 710 South Old Ranch Road and the accumulation of trash which brings rat infestation. James Glass, 706 South Old Ranch Road, also referred to the situation at 710 South Old Ranch Road .... He felt it is a health problem and fire hazard and asked Council to seek solutions. 1 The City Attorney explained that the owners of the subject property had been taken to Court on November 2. They did not appear and the case was scheduled again for November 18. If they do not appear at that time, a bench warrant will be issued. It was the consensus of Council that if the parties do not appear on November 18, staff is then to institute the Nuisance Abatement Proceedings. * * * * * * * CONSENT ITEMS HEARING SCHEDULED DECEMBER 7, 1982 / SCHEDULED public hearing for December 7 on Annexation 47 to consider reorganization of the Shelter Isle Village Condominiums at 6811 Golden West Avenue. -5- 11-16-82 , \" C~NDITIONAL USE PERMIT jADVERTISE FOR BIDS (Landscaping Maintenance) 'Y t./Pr WORK r I ~ ACCEPTANCE ADVERTISE FOR BIDS (9-1-1 Center) flr~1 CHRISTMAS TREE SALES DECEMBER 7 ..J TUCKER BILL AGREEMENT (Parimutuel Wager Election) CONTINUED TO NOVEMBER 23 J /.":e " /" PERSONNEL CLASSIFICA- TIONS APPROVED 25:0625 APPROVED Planning Commission Resolution No. 1211 granting a conditional use permit to allow a change in use of an existing take-out food estab- lishment to an eating establishment at 31 East Duarte Road. APPROVED the plans and specifications and authorized the City Clerk to advertise for bids for landscape maintenance. Bids to be received December 8, 1982. < < ACCEPTED the work performed by Vido Samarzich Company in the construction of the Chapman Booster and AUTHORIZED final payment pursuijnt to the terms of the contract. APPROVED the plans and specifications and AUTHORIZED the City Clerk to advertise for bids to be received December 14 for the Emergency Dispatch and 9-1-1 Communications Center. 1 It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the above consent items be APPROVED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Council received requests for permission to erect tents and sell Christmas trees at three different locations. Conditions of approval were set forth in staff report dated November 16; however, Council desired additional information concerning City requirements. This was referred to the Planning Director and the Fire Chief and will be back on the agenda for December 7, 1982. . Staff and representatives of the Santa Anita Race Track are in accord on all but one provision of the proposed Tucker Bill Agreement. Santa Anita proposes to include a provision regarding the continuance of ordinary and traditional municipal services provided in 1981. Staff recommends that such a provision not be included and set forth the \reasons in their report dated November 9. Two alternative agreements had been prepared for Council's consideration: one including the level of services as proposed by Santa Anita, and one excluding the level of services as recommended by City staff. During this consideration, Ray M. Rogers of Santa Anita, said in part that they would like to resolve this matter by November 24. He res- ponded to questions of the City Council, as did John Stamper, attorney for Santa Anita Race Track. On MOTION by Councilman Hannah, seconded by Councilman Haltom, and car- ried on roll call vote as follows, the City Attorney was authorized to retain the firm of Gibson, Dunn & Crutcher to review the agreement on behalf of the City; that the City Attorney and the attorney for Santa Anita Race Track work together; that the staff report be submitted to City Council at least eight hours prior to 7 p.m. November 23, 1982. MATTER CONTINUED TO THAT DATE. 1 Council received and considered revised classifications in the clerical positions which are assigned to every department. The Personnel Board approved these revised class specifications on November 4. It was MOVED by Councilman Haltom, seconded by Councilman Dring and carried on roll call vote as follows, that these classifications be APPROVED: -6- 11-16-82 ,SOLUTION O. 5073 EMBLY BILL 941 ADOPT; .pIP', ZONING ORDINANCE TEXT AMEND- MENT PROCEDURE APPROVED ORDINANCE NO. 1759 ADOPTED i/ IESOLUTION NO. 5075 ADOPTED; ( V"L'r~;"'Ii-,~:..'J'iI'l: '-: T'~""';":'!."-" }.'....' 25:0626 Sec reta ry Senior 'Typist Clerk Senior Stenographer Clerk Police Clerk PBX Receptionist Typist Clerk III Typist Clerk II Typist Clerk AYES NOES ABSENT: Councilmen. Dring, Haltom, Hannah, Lojeski, Pellegrino None None Councilman Dring presented and read the title of REsolution No. 5073 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DESIGNATING THE CITY OF ARCADIA PLANNING DEPARTMENT AS ADMINISTRATIVE ENTITY RESPONSIBLE FOR THE COORDINATION OF THE REVIEW AND DECISION- MAKING AND FOR THE PROVIDING OF INFORMATION REGARDING THE STATUS OF ALL PERMITS OR APPLICATIONS REQUIRED BY THE CITY FOR RESIDENTIAL DEVELOPMENTS," and MOVED to waive the reading of the full body of Resolution No. 5073 and that same be ADOPTED. MOTION seconded by Councilman Haltom and carried on roll call vote as follows: AYES : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino NOES : None 'ABSENT: None Council recei vedand cons idered the staff report concern i ng text amend- ment procedures. The report indicated if this were implemented, it would produce a time-savings factor. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that the staff recommendations be APPROVED. (See report dated November 16, 1982) AYES : Councilmen Dring, Haltom, Hannah, Lojeski.. Pellegrino NOES : Non e ABSENT: None The City Attorney presented for the second time, explained the content, and read the title of Ordinance No. 1759 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 6613.13 THEREOF TO ALLOW CHARITABLE AND RELIGIOUS SOLICITATION ON SATURDAYS." It was MOVED by Councilman Lbjeski, seconded by Councilman Haltom, and carried on roll call vote as follows, that further reading of the full text of Ordinance No. 1759 ,be waived and that same be ADOPTEO. AYES : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino NOES : None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No: 5075, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 8 OF RESOLUTION No. 5041 AND MODIFYING VACATION ACCRUAL FOR POSITIONS IN MANAGEMENT." It was MOVED by Councilman Dring, seconded by Councilman Haltom, and carri ed on roll call vote as follows, that further read i ng of the full text of Resolution No. 5075 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None -7: 11 ~16-82 .._~,' .~" ., -- V-C~AIM DENIED (Reehorst) DENIED COMPLAINT PARR0TS J CLOSED SESS ION 25:0627 On recommendation of the City Attorney, it was MOVED by Counci1mpn 'Haltom, seconded by Councilman Lojeski and carried on roll call vote as follows, that the application to file late claim of Susan Ravatt (Reehorst) be .and it' is hereby DENIED. ' AYES. : NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Communication from KRLA Radio Station 11 was distributed. Apetition from twenty residents was attached to the letter complaining of the nuisance created by parrots in a specific area of the City.... Noise in the early morning hours, and the effect of their bei'ng there on sidewalks, cars, lawns and property in general. Council discus~ed the matter and, staff will pursue it with the County Animal Control. 'I r '" ': Council entered a CLOSED SESSION on litigation matters, reconvened and adjourned to Wednesday; November 23, 1982 at 7 p.m. in the ~onference Room to conduct, the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, 1itigation_~tters, and evaluation of properties. J:~~~ Ci ty C1 erk " ,~ , . -8- 11-16-82