HomeMy WebLinkAboutDECEMBER 7,1982_2
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
HEARING
Game Machines
Jan. 4. 1983
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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
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HEARING
Window Openings
Text Amendment
APPROVED
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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
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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.)
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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
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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.
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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.
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HEARING
Lighting -
Lemon Ave.
between Ho 11 y
& Baldwin
APPROVED" IJr
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HEARING
Senior Citizen
Housing
EIR
(December 21)
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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
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HEARING
Annexation
No. 47
Shelter Isle
F d ;tL~ fl'"
RESOLUTION
NO. 5073
ADOPTED
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ROLL CALL
PAC MEMBER
CONTINUED
HEARINGS
SCHEDULED
FOR
DECEMBER 21
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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.
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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.
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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.
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,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
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HEll COPTER
LANDING
APPROVED
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BUS STOP
RE7
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RESOLUTION
NO. 5077
ADOPTED
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RESOLUTION
NO. 5078
ADOPTED
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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
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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.
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Mayor
ATTEST:
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