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HomeMy WebLinkAboutFEBRUARY 1,1983"_ CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25:0661 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 -1- 2-1-83 ~'~ ,-)j ~~ -.:J .i ~Or \ ~EARING APPEAL Home Occupation Permit DENIED l U"""; ..... ,...".: ,~~ "I,. ~!~ 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. -2- 2-1-83 I I 1/ HEARING TEXT AMENDMENT APPROVED Ordinance to be Prepa red ~ I WEED I ABATEMENT RESOLUTION NO. 5085 ADOPTED HEARING FEBRUARY 15 I'~ '(: I~I 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. -3- 2-1-83 ROLL CALL [" " ;~... MINUTE APPROVAL I NVESH1ENT THROUGH STATE TREASURER'S OFFICE ARA RESOLUTION NO. 70 ADOPTED ,,\ r( f\q~t l~ ~\ ~ REPAYMENT AGENCY LOAN AP PROVED 1'1 I( ,yl \1-?\ ~ r 25:0664 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 ,.." -4- 2-1-83 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 ~~1- rl I 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 -5- 2-1-83 EQUIPMENT 9-1-1 DISPATCH CENTER APPROVED ~r/} \ \ [., ,,' 25:0666 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 ;'1 S l \ ~ '. r1\ ..... 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 -6- 2-1-83 ORDINANCE I NO. 1763 Game Machines INTRODUCED . V ORDINANCE NO. 1764 INTRODUCED ( I F~ CLAIM (Buffamonti) DEN I ED .- ,"" T. . ,'( .~r' r, J. . ...~- \,.' ':,,~~; ,h 25 :0667 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 -7- 2-1-83 HANNAH J j WELCOME (Miller) CHURCHES J PACKET DELIVERY SEN lOR ClTlZEN HOUSING PROJECT ! Yj 'IF c'J. 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: -8- 2-1-83