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HomeMy WebLinkAboutDECEMBER 7,1982_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 HEARING Game Machines Jan. 4. 1983 )", J (, l~j;; ( " T . V (' f\v\ ~ l:::\' 1 ( .f 0V I 25:0633A M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING DECEMBER 7, 1982 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, December 7, 1982 at 7:30 p.m. in the City Ha 11 Counc i 1 Chambers. Rev. Dr. Paul Johenk, Chaplain of the Arcadia Methodist Hospital Chester Howard, Director of Public Works PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino ABSENT: None On MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried the minutes of the adjourned regular meetings of November 16 and 23 and the regular meeting of November 16 were APPROVED as amended. (CONTINUED from November 16). Planning Commission Resolution No. 1210 recommending approval of Text Amendment 82-4 adding game machine and game machine arcade regulations to the zoning regulations of the Arcadia Municipal Code. Staff explained revisions in the proposed ordinance as a result of reviewing Council input. Mayor Pellegrino declared the hearing open and Dr. Alan Johnson, Assistant Principal at Arcadia High School, spoke at length, commending the City Council on its concern by placing regulations on the use and location of game machines and game machine arcades. He said in part that they are very concerned about truancy and felt the proposed hours of operation and the distance from the school (500 feet) will go a long way to alleviate that. Also, the prohibition of those under 18 years will be beneficial. In response to questions, he explained the school hours and submitted that the periodic sweep of student hangouts has b.een very effect i ve. Mrs. Jo Ann Scott, 1920 Alta Oaks Drive, President of the Arcadia PTA, spoke in favor of the proposed ordinance and urged Council to adopt Same as soon as possible. Bruce Anderson, 307 E. Foothill Blvd., spoke in opposition to permitting game machines in residential areas... that many problems to which he spoke 'previously, have been resolved; however, there are still outside problems... in the evenings.... He realized it is difficult to police outside. He noted that the parking lot for the arcade on Foothill is not lighted. He cited instances outside the building which he had witnessed. Tony Smaldino, 1815 Louise Ave., has several video game mac~ines in his liquor store at 142 E. Duarte Rd., and as of now, has never had a prob- lem' however, he was concerned as to just how they are going to police it :... They use a driver's license in the liquor store to determine one's age, but they do not like to require identification because most of the students come in for candy and/or soda pop .... Some play the games .... He asked that it not be made any more difficult for them with the youth ... and noted how strict the Alcoholic Beverage Control people are .... They could lose their license. He expressed concern -1- 12-7-82 HEARING Window Openings Text Amendment APPROVED v ~~ y 25:06338 with just where the responsibility will lie in determining the age of a young game player. Larry Stern, 5533 Horton, Encino, representing the C. A. Robinson Company, expressed concern as to why the video game industry is being singled out. .., Also, the hours being proposed when a minor cannot play th~ anm~s - R to 3 He referred to the fact that minors may go in, for instance; to a'MacDonald's for a hamburger He felt this was discriminatory. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Haltom and carried. Councilman Haltom felt some type of restraints are needed but that I many parts of the proposed ordinance would not be enforceable... and that truant students wouldn't go to arcades as they know they are being pOliced .... As to the age factor, many youths are out of high school before they are 18 .... It almost seems too restrictive to him .... He noted the City does not have a surplus of Police available for enforcing this proposed ordinance. Councilman Dring said in part that he supports the periodic sweep on campus, and as far as he is concerned, it will continue. He could support the 500 feet from schools requirement; however, the hours of use and t~e cost of a conditional use permit give him problems. Mayor Pellegrino also was concerned about the recommended costs of a conditional use permit - averaging from $345 to $950 - that the businessman already has.many economic problems He would support seven machines ... and was not in favor of the proposed charge for a conditional use permit. Councilman Lojeski said he has been listening to those in the community for a long time, and he defini'tely feels that some clarity and true definition of video games and video game arcades is needed ... also, the need for a strong ordinance to reduce the impact on the surrounding properties. ... It is the duty of the Council.... He was in favor of moving ahead to have the City Attorney prepare the ordinance. Councilman Hannah said in part that he is in favor of some ordinance defining an arcade .... That at the last meeting the Councilmen were to advise staff on what they did not approve ... that he did that .... He suggested .that Council contact staff with their input and place this item on the agenda for the regular meeting of January 4, 1983. (CONTINUED from November 16). Planning Commission Resolution No. 1209, relating to amendments to the building setbacks and window openings in the C-O, C-l, C-2 and C-M zones, and to amendments to the modification regulations to provide for modifications to the window opening limita- tions. These revised regulations delete the distance limitations and prohibit window openings as well as balconies, decks, open stairways and elevated walkways abutting residential zoned property,. regardless of I the actual distance from such property.... These restrictions would not apply to window areas which are located more than 6' 6" above floor level or to fixed window glass areas which are constructed of trans- lucent material. The proposed side and rear yard setbacks remain at the 450 angle limitation. It was also noted by staff that an opaque window would constitute a wall, so translucent material was used which permits light through it but not visibility. . Mayor ~ellegrino declared the hearing open and Craig Windsor, 225 E. Laurel Avenue, spoke at length, stating in part that he was surprised that the issue is being once again debated, and referred to a letter which was submitted in March with 40 signatures' attacned thereto. ... The communication listed concerns of the residents in the area. He -2- 12-7-82 25:0633C felt that some residents are endeavoring to sell their property to no avail - in part because of the buildings facing Foothill. He also said the condition of the alleyway has not improved, although it was brought up at a previous meeting. He felt there should be no windows ... stronger landscape buffer strip and increased setback regulations (out- lined in a July 20 report.) I Council noted that it is a different situation to address - to find a workable solution for both sides; that of the commercial developer who purchases the property with development in mind, and the resident who desires privacy.., that Council is endeavoring to recognize the rights of the property owners - both residents and commercial building owners - by reducing the angle and making windows translucent .... This would improve the view of the mountains and provide privacy. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Haltom and carried unanimously. It was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows, that the proposed text amendments as written' and modified, be APPROVED; that wherever the word "glaze" appears, it be changed to "windows"; that the Negative Declaration be approved and filed; find that the prOject will not have a significant ,effect on the environment and that the City Attorney be directed to prepare the appropriate ordinance. (It was noted that windows above 6' 6" would be transparent and windows below that dimension would be translucent. ) AYES NOES ABSENT: Councilmen Dring, Haltom, Lojeski, Pellegrino Councilman Hannah None I HEARING The City Council at its.November 16 regular meeting, appealed Planning Santa Anita Commission "s Modification 82-110 and the parking and circulation plan Plaza for the Santa Anita Plaza proposed for 130 W. Huntington Drive .... APPROVED ~In'APriJ the Council ratified a conditional use permit for a 7-story 1~. hotel and two 4-story office buildings. One of the conditions of the ,/,1.- CUP was compl ied with - that of submitting a revised parking and f~f circulation plan, which resulted in a request for modifications. This t;- was approved by the Corranission subject to the parking structure being set back n feet from the property Tine separating the subject site from the adjacent city athletic field. This was appealed by the applicant, John Kirkpatrick, who said in part that the 7t ft. setback could possibly create problems ... the space would be inaccessible, become a receptacle for rubbish and a hideaway opportunity. Mayor Pellegrino declared the hearing open and John Kirkpatrick, 244 Arbolada, introduced. his architect, Gerald Kaushanskv. 14201 Halldale Ave., Gardena, who explained in detail about what he termed the existing natural barrier between the athletic field and the SUbject property... it consists of trees and shrubs growing steadily... that it would become of no value to anyone... and said in part that it might become a security problem for the Police Department .... In response to questions he said they would have adequate lighting for the parking area and will have valet parking available .... There will be parking controls, gates, etc. The estimated price tag of the completed project will.be in excess of $20 million. . Richard Marvin, 28 N. Third Avenue, read his communication in opposition to' the project primarily due to the sensitive land uses east and south of the project, and felt that reductions in the setbacks required by the City. Code should not be approved .... If the plans were to be approved, there would be a concrete wall 35 ft. high and 260 ft. long directly adjacent to the athletic field .... Also, he felt the environmental impact report is not valid because the plans presently are significantly different from those originally presented. -3- 12-7-82 .... If Y Jl v' /,1 ' .'j / 25: 0633D Fred Jahnke, 11 Hacienda Drive, said in part that as a member of the Planning Commission, he would not normally address matters before the Council, but this is a special case and he felt he should speak to it. In part he said since the original Planning Commission hearing in March, a number of changes have taken place. Some members of the Council and the Commission have changed .... the plans have changed, and had the Commission been presented with the existing plan, he questioned whether the motion would have passed at that time, and that he for one, would not have voted for it. .He explained the parking plan had changed, which he felt was substantial. Initially there was a 24 ft. setback from the City proprty line and a parking structure that presented a south wall toward the City property 70 ft. wide and some 35 ft, tall. Now there is a request for a wall which would be on the property 1 ine or about 8 inches back that wi 11. be 260 ft. wide and 35 ft. ta 11 ;.. I and cars may be seen from.the top as the wall will not go as high as tops of vehicles.... This all makes a tremendous change in the view from City Hall , and in his opinion, causes an impact on the environment which was not anticipated when the Commission or the Council first reviewed the project, the conditional use permit, the H-overlay, or the environmental impact report. Mr. Jahnke also referred to a resolution which was considered by Council this evening relating to windows facing R-l property... that the sub- ject project will have windows facing R-l property. He asked Council to consider this.... He felt this is probably the largest central development and deserves a great deal of review in the best interests of the City and its citizens. There are a number of alternatives in the parking and other situations which could be explored .... He pre- sented examples.... As for the natural barrier referred to by the developer, he said to keep in mind that it belongs to the City and will not by any means screen out the size of the proposed wall which will be placed along that property line. He urged Council to seriously consider its actions. He concluded by commenting that in his opinion, the sub- ject building and the parking structures violate the resolution. Joe Sargis, 1611 Highland Oaks Drive, also a member of the Planning Commission, .spoke at length, saying in part that at a recent Commission meeting the developer was asked twice if the 7! ft. separation would present a problem and he replied that it would not .... Also, the buffer landscaping- oleander bushes ... are not as hiqh as intimated - they are about 12 ft. high. .... He submitted in part that the purpose of a conditional use permit is to adjust harmoniously each development, surrounding. properties, and the community. He felt there has been con- fusion in this whole matter, and noted the difference in current plans and in the original plans. Mr. Sargis noted in detail the difference in parking plans and said he desires most of all 'a good project, and drew attention to the increased landscaping at the expense of reducing surface parking spaces and put- ting.it all in the parking structure. He felt strongly that this entire project is an intense use for the small parcel of land and offends him in that it is adjacent to the Civic Center.... It is possible in t years to come that another use will be formulated for the athletic fiel it is. not there in perpetuity.... He asked Council to visualize a soli wall as a buffer. He felt all good developers have alternative plans. He would like to see a parking structure open on all sides... there should be a setback of at least 20 ft. to protect value and future genera- tions. He asked Council to think in terms of alternatives ... as this could be the most magnificent project to come into the City. No one else desiring. to be heard, the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Lojeski and carried that the hearing be CLOSED. -4- 12-7-82 1 JI" ~ "},;> " I Y 1,.-' r I HEARING Lighting - Lemon Ave. between Ho 11 y & Baldwin APPROVED" IJr II . , .' (). lr" r . HEARING Senior Citizen Housing EIR (December 21) I 'V /"l;t; '\ V 25:0633E Discussion ensued on the parking flow, the need for security, and other aspects of the development. It was MOVED by Councilman Dring, seconded by Councilman Lojeski and carried on roll call vote as follows, that the revised plan, including the parking and circulation plan, will not have any significant effect on the environment other than as identified in the Final EIR; that the modifications are categorically exempt under the provisions of Section 15105 of the California Environmental Quality Act, and the City of Arcadia Resolution No. 4727; that M-82-ll0 be approved with the finding that the approval would secure an appropriate improvement or prevent an unreasonable hardship, or promote uniformity of development; and find that the "location, configuration and composition of afore-described windows on the office building and the openings on the west end of the parking structure do not allow visual intrusion on the privacy of the abutting R-l zoned property", and that the rev,ised parking and circula- tion plan as submitted be APPROVED. AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, LOjeski, Pellegrino None None Cou~cil received the'report of the Public Works Director on the petition for street'lighting on Lemon Avenue between Holly and Baldwin Avenues which was received by Council on November 2. It was stated at that time that the annual cost for the 18 lamps would be $1,555.20 at current rates, 50% of which would be paid by the property owners. Mayor Pellegrino declared the hearing open and no one desiring to be heard, .the hearing was CLOSED on MOTION by Councilman Lojeski, seconded by Councilman Dring and carried unanimously. It was further MOVED by Councilman Lojeski, seconded by Councilman Dring and carried on roll call vote as follows that the Director of Public Works be AUTHORIZED to have the street lighting improvements installed in accordance with the report, and the improved areas be included in the annexation proceedings to be reported on by the City Engineer in the Fall of 1983. AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Time scheduled for consideration of the Draft Environmental Impact Report for a laO-unit senior citizen housing project at 653-663 W. Naomi Ave., and to afford the public an opportunity to comment. Mayor Pellegrino declared the hearing open and Archie Crenshaw, 3440 Sawtooth Circle, Floretta, Georgia, spokesman for the sponsor of the subject facility - the Christian Senior Housing Foundation, Inc., a non-profit organization, stated that the EIR has been addressed to the degree of safety, the aesthetics in what is deserved by' the moderate income senior citizens of this community. A rendering of the project was reviewed. Mr. Crenshaw explained in detail the mechanics of working with HUO and the status of the project at this time. Albert Anspach, 634 W. Naomi Ave., Unit 5, said in part that he resides across the street from the proposed' project; that he recently saw the plans, and one of the concerns of the residents of the condominium in which he residesare the driveway exits on Naomi '" instead of Baldwin or Duarte .... They are curious about the maintenance and management also. They also feel the street should be widened ... it carries heavy traffic. They are hopeful that the architecture will be attractive. No. one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Lojeski., seconded by Councilman Dring and carried. Staff -5- . 12-7-82 HEARING Annexation No. 47 Shelter Isle F d ;tL~ fl'" RESOLUTION NO. 5073 ADOPTED /. ROLL CALL PAC MEMBER CONTINUED HEARINGS SCHEDULED FOR DECEMBER 21 ( 25:0633F will bring back the final EIR for Council Certification at the next regular meeting December 21, 1982. . The annexation of the Shelter Isle Village Condominiums located in County territory at 6811 Golden West Avenue was considered by Council on November 16, at which time' this hearing was scheduled. The staff report indicated this area would have negligible impact on the City and that revenues would approximate $4,212, which would exceed expenses incurred by the City. There would be a one-time pavement rehabilitation cost of $2,500. The Local Agency Formation Commission approved the annexation on October 27, 1982 bY its Resolution No. 1982-146. Mayor Pellegrino declared the hearing open and Charles Vost, represent- I ing the owners of the condominiums, was present to respond to questions. No one desired to be heard and the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Haltom and carried unanimously. Whereupon Coun'cilman Dring, presented, 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." AYES Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino NOES : None ABSENT: None It was further MOVED by Councilman Dring, seconded by Councilman LOjeski and carried that proceedings for the zone change be.instituted. Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Dring, Haltom, Hannah, Lojeski, Pellegrino ABSENT: None The Agency Counsel will provide a legal opinion on questions raised by the Agency concerning membership on the Project Area Committee. Meeting ADJOURNED to December 21 at 6 p.m. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Ave., referred to the 9-1-1 Communications System which is being installed and its sizeable cost. He was' informed that it is. a State-wide emergency system. I CONSENT ITEMS Appeal of Planning Commission's decision on Modification 82-113 at 435 E. Live Oak Ave. Text Amendment 82-7 amending the Code to provide for regulations governing identification and temporary signs in the City's residential zones, Text Amendment 82-6 amending the Code to provide for regulations govern- ing the posting, display, maintenance and removal of temporary election signs in ttie residential, commercial, industrial and special zones. -6- 12-7-82 P~TREET IMPROVEMENT Fifth Ave. APPROVED 25:0633G APPROVED the Joint Agreement with the City of Monrovia for participation in the improvement of the west side of Fifth Avenue betw~en Duarte Road and California Street. Ten thousand dollars has been budgeted for this project from gas tax funds, RACE MEET APPROVED the appropriation ot $263,343 for transfer to the Police TRAFFIC COST / Department Overtime Account to cover the cost of the 1982-83 - 89-day . FF'- race meet. .t; " i II . ,1' 1/ ,.',\l,''-f:r WAS MOVED BY COUNCILMAN DRING, SECONDED BY COUNCILMAN HANNAH AND , ~~~~- CARRIED ON ROLL CALL VOTE AS FOLLOWS THAT ALL OF THE ABOVE CONSENT ITEMS BE APPROVED: I FIRE STATION LOCATION STUDY Continued to Budget t.i me vi' HEll COPTER LANDING APPROVED ~ . I'~ I 1 bv(' l' . BUS STOP RE7 I RESOLUTION NO. 5077 ADOPTED v,. RESOLUTION NO. 5078 ADOPTED v AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski', Pellegrino None None Council received the fire station location study developed by the Fire Department for the purpose of examining the level of fire protection currently being provided from the existing stations, with the primary goal being to determine whether or not an additional Tire station is required within the City. The report indicates that existing City- owned land on Live Oak Avenue is the most feasible location, and that same is needed. Some discussion was held on the City of Monrovia sharing a portion of the station if it were located suitably for them; however, this has not been pursued at this time. Staff suggested that this be considered at a later date, probably at Budget review time ... also, in light of the fact that the project propounded by the Cadillac Fairview people is under consideration for said location. Request of the Cardinal Air Services, Inc. to land a helicopter at the Barnhard School, 226 W. Colorado Blvd., on Friday, December 17 at 12:30 p.m. It was MOVED by Councilman Dring, seconded by Councilman Hannah.and carried on roll call vote as follows, that the City Manager authorize'the landing upon receipt of a letter agreement executed by a principle of said company... to include hold harmless indemnity and insurance requirement clauses, as well as any conditions deemed appro- priate by the Fire Chief, approved as to content by the City Manager and approved as to form by the City Attorney. AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None At the request of Councinman Lojeski, the Director of Public Works will report back on an RTD bus stop on St. Joseph Street, east of First Ave. - a parking'problem.at the location. Council entered a CLOSED SESSION at 11:10 p.m., reconvened in OPEN SESSION, and took the following action. Councilman Dring presented, read the title of Resolution No. 5077 entitled: . "A RESOLUTION OF THE CITY COUNCIL OF THE CIty OF ARCADIA REPEALING RESOLUTION NO.. 5076," and MOVED to waive the readi ng of the full text and that same be ADOPTED. MOTION seconded by Councilman Lojeski and carried on roll call vote as follows: AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski,.Pellegrino None None Councilman Dring presented, read the title of Resolution No. 5078 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PERTAINING TO TRAFFIC CONTROL DEVICES IN THE SANTA ANITA OAKS AREA," and MOVED to waive the reading of the full text and that same be -7- 12-7-82 25:0533H AOOPTEO. MOTION seconded by Councilman LOjeski and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None The City Manager advised that he will be on vacation between December 27 and 31, 1982. ADJOURNMENT V Adjournment at 11:30 p.m. to December 21,1982 at 6 p.m. in the Conference Room to conduct the business of the Council and any closed session, if any, necessary to discuss personnel and litigation matters. I (k Mayor ATTEST: ~~eJL51t~ C1 y erk I \ -8" . 12-7-82