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HomeMy WebLinkAboutOCTOBER 16,1979_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN TIlE OFFICE OF TIlE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL RECOGNITION HEARING Sa Ie of Christmas trees and fireworks I 24:9874 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGUlAR MEETING OCTOBER 16, 1979 The City Council of the City of Arcadia, California met in regular session on Tuesday, October 16, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Robert G. Lawrence, First Church of Christ Scientist Chester Howard, Director of Public Works PRESENT: ABSENT : Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None Mayor Margett was congratulated on the selection of his daughter, Melinda Ann, as one of the 1980 Tournament of Roses Royal Court. On MOTION by Councilman Parry, seconded by Councilman Pellegrino and carried unanimously the minutes of the adjourned and regular meetings of October 2 were approved. On beha If of appreciation to the City. the City Council Mayor Margett presented a plaque of to Evelyn L. Chivers for her sixteen years of service Mrs. Chivers is moving to Durango, Colorado. Text Amendment to allow sale of Christmas trees and fireworks on property zoned R-3 abutting commercially zoned properties. The Planning Director explained that the Planning Commission recommended denial of a text amendment, It felt it would be an unwarranted intrusion in residential zoned areas and an inconvenience and hazard; that there are adequate areas presently zoned commercial which would allow for such sale. It was noted that the Council instructed staff (September 4) to initiate these proceedings and the proposed text amendment provides that by a 3/5 vote the City Council may authorize the sale of Christmas trees and fireworks on properties zoned R-3 where it abuts commercially zoned property and requires that the sales otherwise be in compliance with all other provisions of the Code. Mayor Margett declared the hearing open and Park Webster, 2720 Gilpin Way, Jr. Past Commander of the Arcadia American Legion Post No. 237, detailed its annual fireworks program which is its only source of revenue, which revenue is used for many charitable donations within the City. He asked that the annual fireworks program be allowed to continue as it has since 1929. In response to a question he said they had eight locations last year and are satisfied with the commercial sites. No one else desiring to be heard the hearing was CLOSED on MOTION by . Councilman Gilb, seconded by Councilman Parry and carried. It was noted that there may be some areas where an R-3 property would not be suitable even though it may be adjacent to commercial and the proposed ordinance would grant to Council the right of review, Whereupon the City Attorney presented for the first time, explained 10-16-79 - 1 - -ll\lt...... / HEARING Nuisance (Rooster) CONTINUED TO NOVEMBER 6 Hearing Open / 24:9875 the contant and read the title of Ordinance No. 1689 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 9281,4 THERETO AUTHORIZING THE CITY COUNCIL TO ALLOW SALE OF CHRISTMAS TREES AND FIREWORKS ON PROPERTY ZONED R-3 WHEN IT ABUTS COMMERCIALLY ZONED PROPERTY." It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the further reading of the full text be waived and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None I Complaints regarding noise caused by a rooster and chickens at 1202 S. Mayflower Avenue. Mayor Margett declared the hearing open and the Police Chief called for the complainants to give testimony as to why complaints were lodged. Mrs. Virginia Moffett, 2041 Fairgreen, Monrovia, stated in part that the problem started last July and continued to date; that the crowing is so shrill that her sleep is disturbed all the time .. that her husband has had a heart attack and has not been able to get the rest he needs. The rooster is kept on the other side of her fence; that the owner said he would remove the rooster but he has not. She noted that she had taped the noise from inside her home. The tape Council heard was made at 4:55 in the morning. Levon Sarkisian, 2055 Fairgreen, Monrovia, stated in part that the nuisance is really driving him up the wall - that he had not talked with the owner and felt it best for the Police Department to handle it and that he hasn't been able to sleep because of the noise of the rooster. Audrey Wurtz, 2045 Fairgreen, Monrovia, lives within two houses of the subject property.. that she arises at 5 a.m. and has not been able to sleep when she retires about 9 p,m. .. that even with her windows closed the noise is heard. Florence Robinson, 2054 Fairgreen, Monrovia, lives across the street from the subject property.. she is a light sleeper and said in part that the rooster crows 24 hours a day... the owner lives in the front house on a 200 ft. deep lot so he probably does not hear the noise.. that the rooster should not be kept in a residential area. The owner, Robert De Montivny, 1202 S. Mayflower Avenue, said when the County Health Department visited his property he was told everything was in order.. it was not unsanitary, however he learned of the complaints through the Police Department. He had contacted some of the neighbors who seemed to only want the rooster to be removed. He has since built a cage for the rooster in order to hold down the crowing. He puts the rooster in'the cage where no light can get in during the night. I Mr. De Montivny continued in part that he tries to observe all the rules but he felt he has a right to have his chickens on his property. Some discussion held on the fact that he asked Mr. Moffett to help him move the cage and he was reminded that Mr. Moffett has had a heart attack. He said no one came to him to complain; that when he went out to locate the complainants they were not receptive. The Police Chief explained that the matter involved two jurisdictions - as part of Mr. De Montivny's property lies in Monrovia and in Arcadia. He recommended that Council find that a nuisance does exist and that some sort of an order be issued for remedying the situation. Edwin Johnston, 1905 S. Santa Anita Avenue, spoke as one who has always had chickens and is what could be called a chicken lover. He 10-16-79 - 2 - I I HEARING Appea 1 Swimming Pool Fencing . Variance Denied fcVH " r,:" -- . '~. .,.1 ," '. . ~.... 24:9876 said he too had problems such as this years ago but they were all resolved and that now most of the neighbors enjoy his chickens. He said it isn't any worse than hearing the sirens going up and down Santa Anita every night. He felt the rooster should be permitted to remain unless all of the roosters in the City are deleted... He said if the chickens are put in the chicken house every night and no light is permitted the rooster,will not crow... that it is possible a dog could be close by and annoying the rooster. He noted that the area in which Mr. De Montivny lives is an area where horses are maintained and usually where there are horses there are chickens. It was MOVED by Councilman Saelid, seconded by Councilman Parry and carried on roll call vote that the public hearing be closed. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Discussion ensued on the next step and it was the City Attorney's recommendation that the hearing be left open for a specific period at which time an additional report could be submitted by staff; that perhaps during the interim the problem could be resolved. With the concurrence of his second Councilman Saelid withdrew primary motion to close the hearing and MOVED to reconsider. seconded by Councilman Parry and carried on roll call vote as his Motion follows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Councilman Saelid then MOVED to continue the public hearing to November 6 and that the City Attorney:prepar~ a .draft of a resolution finding that a public nuisance does exist at 1202 Mayflower Avenue. Councilman Pellegrino seconded the motion which was carried on the following roll call vote: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None It was submitted that if the matter can be resolved by November 6 and the problem ceases to exist Council would probably not take any action... that an opportunity is being afforded Mr. De Montivny to abate the nuisance. Appeal filed by Armand DeCastro for a modification to permit the use of an existing self-closing gate across the driveway at his home, 401 Vaquero Road, to meet the requirements for swimming pool fencing. The Planning Director reported that the Code does not allow for fences or gates constructed across a driveway to be considered as meeting the swimming pool fence requirements... that a similar situation where a variance was granted by the C,ity Council was unique inasmuch as the pool was originally constructed in 1950 and the applicants were seeking to install a spa within the existing pool area, whereas the pool at the subject property is under construction. Staff felt it would set a precedent resulting in the reduction of existing level of public safety and recommended denial. Mayor Margett declared the hearing open and ,the owner of the subject property said in part that a fence now goes entirely around the property - they are in the process of constructing tennis courts with 10 foot fencing, He felt the excess fencing would leave the area cluttered. Eventually he will construct a carport which would eliminate the fencing requirement. There is a 9 foot wide gate across the driveway which is 5 feet high. He was willing to do what was required but did not want to have to have three fences. He also 10-16-79 - 3 - 24: 9877 objected to running a garage and the tennis to another location. of the fence between the existing Eventually the garage will be moved the pool is about 135' from the street. section court. He sa id Discussion ensued and it was submitted that if all the improvements were to be constructed at one time there would not be a problem. The primary concern of Council was for safety of those who might have access to the swimming pool. This modification, if granted, would cset a precedent., It was then MOVED by Councilman Saelid, seconded by Councilman Gilb 'and carried on roll call vote as follows that the request for a variance to Section 3420.2 of the Municipal Code be denied. I \ AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None AUDIENCE PARTICIPATION f~CT NO. 25304 WORK COMPLETION r ""'-' I {, FUND TRANSFER Traffic Signs / J.' --rfZ.~Fr.I'-/ Water Line Phase I Contrac t c;- P' /It(1 r ~U IPMENT . PURCHAS E (F ire) I EQUIPMENT , . PURCHAS E (Police) Herb Fletcher, 175 W. Lemon Avenue, spoke to the speed limits - particularly on El Monte Avenue - this was increased from 35 mph to 40 mph, He asked that consideration be given to requesting the State Legislature to change the law so the establishment of speed limits would be the prerogative of the City. CONSENT ITEMS, ACCEPl'ED the streets for ,'maintena.nce in Tract.'No. 25304, Patricia Way, as all pub'lic improvements have been completed pursuant to the City requirements and conditions imposed by the Planning Commission and City Council. ACCEPTED the work as completed by Seco Electric Company, Inc. in the Bonita Park Sports Lighting Job No. 477, Final payment AUTHORIZED pursuant to the terms of,the contract, AUTHORIZED fund'transfer of $300 from Capital Projects Fund for traffic signs at Baldwin and Colorado and that the Director of Public Works proceed with acquisition and installations at the earliest possible date. AWARDED the contract for the Civic Center Fire Protection Water Line - Phase I - to the low bidder, Valverde Construction, Inc., in the amount of $27,775; all other bids were rejected and any informalities or irregularities in the bids or bidding process were waived, The Mayor and City Clerk were AUTHORIZED to execute the contract in form approved by the City Attorney - $27,775 was appropriated from the Water Fund for the installation and $24,000 for materials. I APPROPRIATED $1,745.82 from Federal Revenue' Sharing Funds for the purchase of 1 Recorder Annie $985.00, 1 New Resusci Ann $469.00 and 1 Baby Ann $193,00 plus sales tax from Armstrong Industries, Inc., for the paramedic training program. These will be used for both fire and police department safety personnel training, AUTHORIZED the purchase of communication equipment and guns for the Police Department as follows: 10 portable radios from Motorola at $1,219 each 1 charging rack from Motorola 8 mobile radios from Aerotron at $920 each 1 radio antenna tower from Communications Marketing 2 Remington rifles from CA Electronic at $560 ea 10 Smith & Wesson revolvers from same at $166.50 Total Total budgeted for these items Funds in the Federal Revenue Sharing Account FY 1979-80 $12,190 650 7,360 3,500 1,120 ea. 1,665 $26,485 $34,116 10-16-79 - /,. - ~ I TRAFFIC "f ISLANDS ~.:::J (OLD RANCH ROAD) NOVEMBER 20 BOWLING SQUARE FILED II- F..(;;1,' RES.OLUTION NO. 4859 ADOPTED /' SANTA ANITA OAKS TRAFFIC ISlANDS December 4 I SAELID / PARRY I " ~'t, i, . , . 24:9878 ALL OF THE CONS ENT ITEMS WERE APPROVED ON MOT ION BY COUNCILMAN G 118 , SECONDED BY COUNCILMAN PARRY AND CARRIED ON ROLL CALL VOTE AS FOLLOWS : AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Marge~t None None Council received data from staff relative to the traffic islands'at the intersection of Old Ranch Road at Balboa and Victoria Drive. It was noted that if Council desires to consider modifications a public hearing should be set. NOVEMBER 20 was so scheduled. Communication from Walter L. King of Bowling Square, 1020 S. Baldwin Avenue, requesting that the alcoholic restrictions be removed as they post an economic .hardship and competitive disadvantage in the - . bowling market of' today.... It was submitted that this restriction was originally imposed in 1960 and has continued to date although requests have been made for the removal and each time it has been denied. The communication was received and ordered filed. The City Manager will make the appropriate response. The City Attorney presented, explained the content and read the title of Resolution No. 4859, entitled: "A RESOLUTION OF THE CITY COONCIL OF THE CITY OF ARCADIA APPROVING M-79-92 (AT 250 COLORADO BLVD.) AND MAKING FINDINGS OF FACT." It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the further reading of the full text be waived and that the same be ADOPTED as amended. AYES: NOES: ABS ENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None / Discussion held on the status of the traffic control installations in the Santa Anita Oaks area and whether or not to proceed with additional installations. Staff noted in part that the traffic has reduced about 50 percent on San Carlos and about 25 percent on Arbolada as it appears drivers are taking alternate routes. It was felt that before proceeding with additional installations a public hearing should be held and it was MOVED by Councilman Gilb that a public hearing be scheduled for December 4 and that the area residents be so notified. Motion seconded by Councilman Parry and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Asked about the negative amount listed under Recreation-Camping in the September financial report. The Superintendent of Recreation said the amount does not include camping fees collected last June for this year. The Finance Director stated that a change in the reporting of revenues and expenditures for this type of activity will be made in the budget for next year. Staff advised that a complaint Councilman Parry had received has been taken care of. Reference was then made to utility tax and the Finance Director said calculations have not as yet been computed as 10-16- 79 - 5 - SAELID t/' EXECUTIVE SESSION ADJOURNMENT TO DATE CERTAIN October 23 5 p.m. _I 24:9879 to what the utility tax will bring in based on utility rate increases. Advised of the forthcoming meeting of the San Gabriel Valley Association of Cities and the program will be a report on the Animal Control Joint Powers Agreement, Council entered an executive session at 9:30 p.m., reconvened and Adjourned the meeting at 9:45 p.m. to October 23, 1979 at 5 p.m. /" ATTEST: ~ir_~ Christine Van Maanen, City Clerk 10-16-79 - 6 - I I