HomeMy WebLinkAboutFEBRUARY 1,1983"_
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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I
INVOCATION:
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
OATH
ADMINISTEREDj
(Duston) V
HEARING
TRACT NO.
35314
Tentative
Map J
APPROVED_,;I
~~~~"
I
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
FEBRUARY 1, 1983
The City Council of the City of Arcadia and the Arcadia Redevelopment
Agency met in a re9ular session Tuesday, February 1, 1983 at 7:30 p.m.
in the City Hall Council Chambers.
Reverend Roger Kramer, Arcadia Christian Reformed Church
Councilman Dennis Lojeski
PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino
ABSENT: None
Councilman Lojeski noted an error in recording a roll call vote in the
minutes of the adjourned regular meeting of the City Council on January
18, 1983 and then MOVED to approve the adjourned and regular meetings
of January 18 as corrected. MOTION seconded by Councilman Hannah and
carried.
The City Clerk administered the Oath of Office to newly appointed Leonard
Duston to the Senior Citizens' Commission. Mayor Pellegrino presented
credentials to Mr. Duston and welcomed him to the official City Family.
Mr. Duston's term will expire June 30,,1983. His appointment is to fill
out an unexpired term.
The Planning Commission at its January 11th meeting, voted to recommend
approval. of this tentative map for an 8-unit condominium at 101 East
Duarte Road and 828/900 South First Avenue subject to conditions as
, listed in the staff report and with the modification of one of the condi-
tions (No.4) in the Public Works Department report concerning the con-
struction of required dedication of 2 feet at the south side of the
subject property. The applicant requests that this area be a planted
area instead of being a portion of the sidewalk.
Mayor Pellegrino declared the hearing open and the applicant, Gordon
Maddock, 20 Orange Grove Avenue, stated in part that he agr~es with all
of the stipulated conditions but would like to plant the 2 foot extension
of the sidewalk on the north side of Duarte Road ... it would leave more
green area in front of the building and the sidewalk ... for aesthetic
reasons. The Director of Public Works said he would have no objection to
this. Mr. Maddock said he would make all the necessary dedications and
if his request is granted, he would maintain the landscaping.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Hannah, seconded by Councilman Dring and carried.
It was then MOVED by Councilman Haltom, seconded by Councilman Dring and
carried on roll call vote as follows that the Negative Declaration be
approved and filed and find that the project will not have a significant
effect on the environment; that the tract is consistent with the General
Plan and that the waste discharge would not result in a violation of the
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\ ~EARING
APPEAL
Home
Occupation
Permit
DENIED
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25 :0662
existing requirements set forth in the Water Code; that the Director
of Public Works be authorized to approve the Subdivision Agreement, and
that the tentative map of Tract No. 35314 be approved subject to condi-
tions outlined in the staff report, and further, that the dedicated
2-foot strip be landscaped and maintained by the developer.
AYES
NOES :
ABSENT:
Councilmen Dring, Hal tom, Hannah, Lojeski, Pellegrino
None
None
The Planning Commission at its January 11 meeting voted 4 to 3 to deny
a request by Daniel Anderson to operate an AlIlway Distributorship from
his home at 943 Kingsley Drive. The Commission recommended that if the
application were appealed to the City Council, that it be reviewed
favorably. Mr. Anderson subsequently did appeal the decision.
Mayor Pellegrino declared the hearing open and Mr. Anderson stated in
part that he has stopped deliveries to the home and he is now in full
compliance with the Home Occupation Permit requirements.... He
explained his operation in full and responded to questions. Discussion
was held on why it has taken so long - from October 21 - for this matter
to be resolved.... The procedure was explained by the City Attorney.
Reference was made to a petition signed by adjacent property owners
Opposing a business in a residential area. Mr. Anderson said that mer-
chandise is stored in the garage and it isn't very voluminous as they
still have space for their two cars. He also provides a space of about
10' X 10' in his home for the same purpose. He realized there is much
activity in his home, what with teenagers and their activities; the
familY interests also bring visitors to their home, including a Bible
study group ... all of which may be annoying to his neighbors who have
lived in the immediate area for long periods of time, whereas he has
lived there two years. His lifestyle may be different, but he does not
want to be a disturbing factor to anyone. He asked Council to grant the
permit, keeping in mind that he has ceased deliveries to his home and
will comply completely.
1
In response to an inquiry, Mr. Anderson said further, in part, that there
is no way he could .operate in the office space he has in an office build-
ing on Santa Anita Avenue (Towne Center Building) ... this is unrelated
to his Amway business. He' terminated his employment with the School
District recently and now his income is from the distributorship.
Wayne Nutall, 855 Coronado, Vice President of the Santa Anita Village
Association, said in part that in response to Mrs. Lyman's petition,
the Board met and after contacting several of the signers of the petition,
agreed that this business constituted a nuisance; that a distributorship
is a business and should not be conducted in a residential area. He said
the Association represents 614 homes and it was the unanimous decision to
vote against the granting of the application.
Mrs. Jacqueline Lyman, 937 Kingsley Drive, stated in part that she is the
adjacent neighbor and the Andersons' driveway separates her bedroom from
their home... that it is the pedestrian and vehicular traffic to and froml
their home that presents problems ... the people going in and out, slam-
ming doors, talking in the backyard, garage and driveway... that as far
as the neighbors are concerned, Mr. Anderson is still in violation of
certain sections of the Code, even after stopping the del,ivery service.
Robert Pesota, 1309 Caballo Avenue, Glendora, said he noticed where his
license number is listed as one of the vehicles in front of Mr. Anderson's
house for the purpose of picking up products for the Amway distributor-
ship ... that this is not so ... he visits Mr. Anderson several times a
week... on a regular basis ... the night his license number was taken
down he was there for Bible study... as are several others whose license
numbers are included in the petition as having visited Mr. Anderson for
Amway products ... this is not the case.
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1/
HEARING
TEXT
AMENDMENT
APPROVED
Ordinance
to be
Prepa red
~
I
WEED I
ABATEMENT
RESOLUTION
NO. 5085
ADOPTED
HEARING
FEBRUARY 15
I'~
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25:0663
,
Gerald Wells, 502 Cortez Road, Arcadia, said in part that he resented
his vehicle license number being taken down ... that normally visitors
park in front of Mr. Anderson's home; however, there are occasions ...
when they must park in front of someone else's home.... As to the noise
from Mr. Anderson's home, he made reference to the barking of the
neighbor's dog, which to him is more of an infringement. He asks if
this permit means that a Tupperware party may not be held - a tax con-
sultant may not do business out of his home. He asked Council to con-
sider these things in its deliberations.
Janet Swanson, 930 Kingsley Road, Arcadia, said in part, that she is
the person who wrote down the 1 icense numbers... and is sorry she put
the number down in error when the owners of the cars were at Mr.
Anderson's for reasons other than Amway. As Mr. Anderson has said
(before the Planning Commission) he operates from his home for income
tax reasons.... She would like to do the same but as she reads the
Code, it would generate pedestrian and vehicular traffic so she does
not operate from her home, having an office to conduct the buiness.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Councilman Lojeski and carried unanimously.
In response to a question, the Planning Director stated in part that
since 1980 there have been 402 Home Occupation Permits granted .,. about
33 of which involved some sort of product sales - Amway, Shak1ee, etc.
It was MOVED by Councilman Haltom, seconded by Councilman Dring and
carried on roll call vote as follows, that the appeal be DENIED.
Councilman Dring asked staff to ensure that the denial be enforced.
AYES
NOES
ABSENT:
Councilmen Haltom, Dring, Hannah, Lojeski
Mayor Pellegrino
None
Planning Commission Resolution No. 1215 recommending approval of Text
Amendment 82-8 amending Section 9293.6 of the Arcadia Municipal Code by
deleting the requirement that the Planning Commission action on Text
Amendments and zone changes be adopted by formal resolution.
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 Haltom and carried on roll
call vote as follows, that the Negative Declaration be approved and
filed; find that the project will not have a significant effect on the
environment, and that the City Attorney prepare the ordinance for intro-
duction. '
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Communication from the County Agricultural Commissioner concerning various
properties which have been found to contain a growth of weeds or to con-
tain flammable rubbish.
Councilman Dring presented, read the title of Resolution No. 5085 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING THAT
WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT
UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUl SANCE, AND DECLAR ING ITS INTENTION TO PROV IDE FOR THE ABATEMENT THEREOF,"
and MOVED to waive the reading of the full text and that same be ADOPTED.
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ROLL CALL
["
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MINUTE
APPROVAL
I NVESH1ENT
THROUGH STATE
TREASURER'S
OFFICE
ARA
RESOLUTION
NO. 70
ADOPTED ,,\ r(
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REPAYMENT
AGENCY LOAN
AP PROVED 1'1
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MOTION seconded by Councilman Lojeski and carried on roll call vote
as follows:
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Council recessed in order to act as the
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Members Dring, Haltom, Hannah, Lojeski, Pellegrino
ABSENT None
1
With a correction in a roll call vote, the minutes of the Special Meeting
of January 17, 1983 were APPROVED on MOTION by Member Lojeski, seconded
by Member Dring. and carried unanimously.
Staff advised on the investment of redevelopment funds through the State
Treasurer's Office. Funds are now being invested through banks and
savings and loans. ... The rate of interest earned through investment
with the State is now approximately 10% compared to the 9% the Agency
earns through normal investment vehicles. It was recommended that a reso-
lution be adopted therefor.
Member Dring presented and read the title of Resolution No. 70, entitled:
"A RESOLUTION OF THE CITY OF ARCADIA REDEVELOPMENT AGENCY AUTHORIZING
INVESTMENT OF REDEVELOPMENT AGENCY MONIES IN LOCAL AGENCY INVESTMENT FUND,"
and MOVED to waive the reading of the full text and that same be ADOPTED.
MOTION seconded by Member Lojeski and carried on roll call vote as,fol1ows:
AYES
NOES
ABSTAIN:
ABSENT
Members Dring, Haltom, Lojeski
None
Members Hannah, Pellegrino
None
It was submitted that the Arcadia Redevelopment Tax Increment Fund may
only use its funds to repay debt. The subject fund as of January 1, 1983,
had a cash balance of $547,416.87. It was MOVED by Member Dring, seconded
by Member Hannah and carried on roll call vote as follows, that the Agency
pay back $547,416.87 of the existing loan of $920,096.51 to the City's
Capital Outlay Fund.
AYES
NOES
ABSENT:
Members Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
The Agency then adjourned to a CLOSED SESSION following this meeting.
AUDIENCE PARTICIPATION
James Moyer, 830 Golden West Avenue, said in part that he uses a company 1
car with a comnercial license plate; that he has only one car space .
where he resides, and he would like permission to park his company car on
the street overnight but has been informed of the ordinance prohibiting
overnight parking of commercial vehicles on the street. Council could
not see a reason to change the ordinance and suggested that Mr. Moyer
might be able to obtain accommodations close by. During this considera-
tion, Councilman Lojeski submitted that although Council did vote on this
resolution, it might be well to look into it in the future.
John Piurna, owner-operator of the Par 3 Golf Course at 620 East Live Oak,
expressed appreciation to Council for its action in considering the con-
struction of a condominium on the site. He said in part that he is
,.."
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HEARING
SCHEDULED
February 15-
,(
I
REPAYMENT
OF ARA
DEBT
APPROV'l
RE-LOAN
TO ARA
APPROVED
f: (L-;!~1
EMERGENCY
DISPATCH
9-1-1
COMMUNICATIONS
CENTER
CONTRACT
AHARDED
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25:0665
contemplating making improvements and would like to
response to a question, he said he was aware of the
will expire in 1988.
protect himself. In
fact that the lease
.
It was MOVED by Councilman Dring, seconded by Councilman Lojeski and
carried on roll call vote as follows that a hearing be scheduled for
February 15 on Planning Commission Resolution No. 1218 recommending a
Text Amendment to the Arcadia Municipal Code by adding Section 9600
which adds provisions for Council appeals to decisions or determinations
of the Commission.
It was MOVED by Councilman Hannah, seconded by Councilman Dring and car-
ried on roll call vote as follows that Council accept the payback of
$547,416.87 of the existing loan of $920,096.51 to Arcadia Redevelopment
Agency to the Capital Outlay Fund.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
It was MOVED by Councilman Hannah, seconded by Councilman Lojeski and
carried on roll call vote as follows, that the Council re-loan
$547,416.87 from the Capital Outlay Fund back to the Arcadia Redevelop-
ment Agency Operating Fund in order for the Agency to use said funds to
further pay expenses and to purchase property according to the directions
of the Agency.
AYES
NOES
ABSENT:
Councilmen Hannah, Lojeski, Pellegrino
Councilmen Dring, Haltom
None
Council received the recommendation for award of contract for the 9-1-1
Communications Center for Fire Station Headquarters. During the con-
sideration Gary Bronson of Cornwell Associates, Inc., responded to
questions concerning the construction. He said the communication equip-
ment will be on the second floor and Councilman Dring expressed some
concern about the resistance to earthquakes. Mr. Bronson said they have
followed the standard UBC design, State laws and Uniform Building Code,
and the design complies with those requirements.... He felt it is to be
constructed to withstand an earthquake up to 8 on the Richter Scale.
In response to questions, Mr. Bronson submitted measures that could be
taken to make the building earthquake-safe, such as increasing all
horizontal and vertical steel; increasing footings and probably go
deeper with the grading. He would have to check as to the increased cost.
Since the last earthquake, that damaged the Veteran's Hospital and por-
tions of the freeway, the Code has been revised and requirements increased.
Councilman Hannah shared the concern of Councilman Dring but felt if the
architects have followed the Code and designed the building to withstand
up to 8.0 points on the Richter Scale, that is about as far as the City
ca n go.
It was then MOVED by Councilman Lojeski, seconded by Councilman Haltom
and carried on roll call vote as follows, that the contract be awarded
to Quality Construction Managers, Inc., of Irvine, California, in the
amount of $399,900 for the construction of the Emergency Dispatch and
9-1-1 Communications Center; that $80,000 be appropriated from Capital
Outlay Fund Reserves; that all irregularities or informal ities in the
bids or bidding process be waived and that the Mayor and City Clerk be
authorized to execute a contract in form approved by the City Attorney.
It was noted that the additional funds will provide $15,865 to fund
unforeseen contingencies that may arise in the course of construction.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojesk, Pellegrino
None
None
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EQUIPMENT
9-1-1
DISPATCH
CENTER
APPROVED
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Council received the staff report and recommendation for the purchase
of Police and Fire 9-1-1 Dispatch Center associated radio equipment
and supportive communications equipment. It was noted therein that
funds have been appropriated for the communications equipmnent in the
Revenue Sharing Fund in the amount of $198,385. An appropriation in
the amount of $19,950 has been approved from this fund for the con-
sulting firm, leaving a balance of $178,435.
During this consideration, Dr. Henry Richter, of 178 W. Longden Ave.,
a C0I1111unications Consultant, stated in part that the reason only one
bid was submitted is that only one company makes the equipment in-
house, and that is Motorola... and that their bid is an excellent
competi tive bid.
I t was MOVED by Counc i 1 man Dring, seconded by Counc i 1 man Hannah and
carried on roll call vote as follows, that the following bids be
accepted and contracts prepared therefor; that $1,343.62 be appro- 1
priated from the Federal Revenue Sharing Fund for said purchase; that
all other bids be rejected and that any irregularities or informali-
ties in the bids or bidding process be waived;
1. Motorola, Inc.:
Communication Console Bid
Additional base station transmitter
$142,876.65
4,060.58
$146,937.23
2. Instant Replay Equipment Co.;
Closed Circuit Television Bid
$ 3,090.61
3. Dictaphone Corp. :
Recording Equipment Bid
$ 29,750.78
$179,778.62
$178,435.00
$ 1,343.62
Total Cost of Equipment
Ava il ab 1 e Fund s
Additional Funds Required
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
f.
NEWSRACKS ,'The request of the Gannett Satell ite Information Network, publishers
DENIED, '\\ of "U.S.A. TODAY", for an amendment to the Arcadia Municipal Code to
\ J l \\-I.:\- permit nonconforming newsracks in the City was DENIED on MOTION by
I;,'. \'1 Councilman Haltom, seconded by Councilman Dring, and carried on roll
call vote as follows:
[\11 EMERGENCY
. AMBULANCE
SERVICES
, RATES
:; APPROVED
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.....
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Staff recommended an increase in rates for the emergency ambulance
services (report dated January 24, 1983) and it was MOVED by Councilman
Dring, seconded by Councilman Haltom, and carried on roll call vote as
follows, that non-residents be charged the allowable rates followed by
the Los Angeles County Board of Supervisors:
1
Base Rate
Emergency
Mileage (one way)
Oxygen
Night Call
(7 p. m. to 7 a. m. )
$90.00
14.00
6.00 per mile
14.00
14.00
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ORDINANCE
I NO. 1763
Game
Machines
INTRODUCED
. V
ORDINANCE
NO. 1764
INTRODUCED
(
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CLAIM
(Buffamonti)
DEN I ED
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Rates for residents will be increased to:
AYES
NOES
ABSENT:
Base Rate $75.00
Emergency 14.00
Oxygen 14.00
No charge for mileage or night calls
or other charges.
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
The City Attorney presented, explained the content, and read the title
of Ordinance No. 1763, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA
AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING VARIOUS SECTIONS TO THE
ZONING ORDINANCE, ARTICLE IX THEREOF AND ADDING TITLE 6 TO DIVISION 5,
PART 7, CHAPTER 2 OF ARTICLE IX, DEFINING AND REGULATING GAME MACHINE
ARCADES. "
It was MOVED by Councilman Dring, seconded by Councilman Hannah, that
the reading of the full text of Ordinance No. 1763 be waived:
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
It was then MOVED by Councilman Lojeski, seconded by Councilman Hannah
and carried on roll call vote as follows that Ordinance No. 1763 be
INTRODUCED:
AYES
NOES
ABSENT:
Councilmen Hannah, Lojeski, Pellegrino
Councilmen Dring, Haltom
None
The City Attorney presented, explained the content and read the title
of Ordinance No. 1764, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA
AMENDING VARIOUS SECTIONS OF AND ADDING VARIOUS SECTIONS TO CHAPTER 2
OF ARTICLE VI THEREOF PERTAINING TO ENTERTAINMENT PERMITS AND REGULATION
OF GAME MACHINE ARCADES."
It was MOVED by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows, that the reading of the full text
of Ordinance 1764 be WAIVED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
It was then MOVED by Councilman Lojeski, seconded by Councilman Hannah
and carried on roll call vote as follows, that Ordinance No. 1764 be
INTRODUCED.
AYES
NOES
ABSENT:
Councilmen Hannah, Lojeski, Pellegrino
Councilmen Dring, Haltom
None
The claim of ,Stella M. Buffamonti was rejected on MOTION by Councilman
Dring, seconded by Councilman Lojeski and carried on roll call vote as
follows:
AYES
NOES
ABSENT: .
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
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HANNAH
J
j WELCOME
(Miller)
CHURCHES
J PACKET
DELIVERY
SEN lOR
ClTlZEN
HOUSING
PROJECT
!
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'IF
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1,.\1
.'\ . REMOVAL
,
I \" OF H-lONE
333 East
Huntington
ADJOURNED
February
15, 1983
7 p.m,
/
25:0668
In response to an inquiry, the City Manager explained in detail the forth-
cominq increase in rubbish pickup rates by Best Disposal Company. It.is
included in the contract.
The new City Attorney, Michael H. Miller, was welcomed,
Chief Mitchell will prepare a report on churches in residential zones.
Some discussion held on whether or not staff could have the packet for
Councilmen ready on Thursday evenings instead of Fridays. Consensus was
it can, be tried. It was then MOVED by Councilman Dring, seconded by
Councilman Haltom and carried on roll call votes as follows, that the
delivery of the packets for Council be deliv~red on Thursday evenings.
I
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Pellegrino
Councilman lojeski
None
COUNCIL entered a CLOSED SESSION, reconvened and took the following action:
It was MOVED by Councilman Hannah, seconded by Councilman Lojeski and
carried on roll call vote as follows, that the escrow for the purchase of
645-665 Naomi Avenue for the Senior Citizen Housing Project be entered
into by March 8, 1983.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
It was MOVED by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows, that staff initiate proceedings
for the removal of the H-zone designation for 333 East Huntington Drive.
, AYES
, NOES: :
ABSENT:
Councilmen Dring, Haltom, Hannah, lojeski, Pellegrino
None
None
Councilman Lojeski noted the demise of Nettie Jacobs, wife of Nathan
Jacobs, who passed away January 14. Mrs. Jacobs was a substitute teacher
at the Arcadia High School from 1959 until her retirement in 1981. Council-
man lojeski then MOVED to ADJOURN the meeting in her memory. The meeting
ADJOURNED at 12 midnight to February 15, 1983 at 7 p.m. in the Conference
Room to conduct the business of the Council and any closed session neces-
sary to discuss litigation matters.
I
ATTEST:
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