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HomeMy WebLinkAboutNOVEMBER 20,1979_3 INVOCATION I PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL I HEARING CUP 509-523 W, Duarte Rd. DENIED , J, \ . II , ; LIt " p: e tJ P HEARING CUP (100 E. Live Oak) APPROVED 24: 9900 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 20, 1979 The City Council of the City of Arcadia, California met in regular session on Tuesday, November 20, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Dr. Paul G. Johenk, Chaplain of the Arcadia Methodist Hospital. George Watts, Assistant City Manager "I ,f.' PRESENT: ABSENT : Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None On MOTION by Councilman Parry, seconded by Councilman Saelid and carried unanimously the minutes of the regular meeting of November 6, and the adjourned regular meetings of October 30, November 8, and l6, 1979 were APPROVED. Appeal to Planning Commission Resolution No, ll17 denying a Conditional Use Permit 79-15 for the construction of a forty- seven unit condominium at 509-523 W. Duarte Rd. On November 6 the City Council referred revised plans back to the Planning Commission for review and recommendation. The revised plans deleted two units in the center of the project which brought the number of units to forty five, however the parking ratio and private open space was not changed. It was also noted that the driveway width was inadequate; that vehicular access to two of the units (lb and 29b) would be difficult; that there were no amenities offered in the common open spaces and that the private open space was insuffi- cient. The Commission voted to send this back to Council noting that the proposed modifications to the original plan were not sufficient to cause it to reconsider its previous action for denial. Mayor Margett declared the hearing open and a representative of the applicant, Sam Falzone, submitted that they are in compliance with regulations and asked for approval of the revised plan. Some dis- cussion ensued on the lack of sufficient parking space especially for guests and the fact that the plan did not materially alter the original. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. It was then MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the decision of the Planning Commission be upheld and that the appeal be DENIED. It was felt that reasons in the report dated November 20 are sufficient for the denial. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Appeal to the Planning Commision Res. ll09 denying conditional use permit for an eating establishment at lOO E, Live Oak Avenue. This was referred back to the Commission by Council on October 2 due to substantial revisions in the plan. Subsequently the Commission re- . viewed the revised plan and now recommend approval subject to condi- -l- 11-20-79 HEARING (lOO E. Live Oak) con't. HEARING (Proposed Medical Building) Zone Change to be instituted \' - , ) \ ,V \; I." 24:990l tions set forth in the report dated November 20, 1979. Some of the conditions would have to be complied with before a conditional use permit is issued and after three years additional conditions would have to be met. Mayor Margett declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilmand Saelid, seconded by Councilman Pellegrino and carried unanimously. It was the consensus that the subject area needs upgrading and this would be an improvement. Whereupon it was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the conditional use permit be APPROVED subject to all conditions so specified. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None I .\ Appeal to the Planning Commission's denial of a modification application for a proposed tlrree story medical office building at the northwest corner of Naomi and Lovell Avenues. It would be 36 feet in height (38 feet above curb elevation) in lieu of the two story building 30 feet as allowed by the Arcadia Municipal Code. There would be II parking spaces in lieu of 28l spaces required as the applicant proposes to use surplus parking spaces on adjacent property under his ownership. The Commission felt that the develop- ment was beyond the scope originally intended when the property was rezoned CoO & D, and would not be compatible with the residential characteristics of the neighborhood and it was also concerned about the adequacy of the parking spaces. The Planning Department recommended approval subject to conditions, Prior to the opening of the public hearing Councilman Saelid said in part that the parking does not seem to be a major factor but he was concerned about the transition from residential to commercial - that a commitment had been made to those on the south side of Naomi and to those in the neighborhood that the north side was going to be low density type of development; that the subject project does not seem to meet that requirement. The receipt of a petition with 30 signatures in favor was made part of the record as were communications supporting the project from the local Chamber of Commerce, West Arcadia Business and Professional Association and from Mrs. Thomas McKerman, l324 Lovell, in favor. No opposing communications were received. Mayor Margett then declared the hearing open and the applicant, Dr, Darrell J. Holman, said in part that over 95 percent of those in the surrounding area endorse the project; that most were aware that it is to be a medical building which seemed to be preferred over a condominium especially since the building is vacant in the evenings and on weekends, He then introduced the architect. Larry Hutner, 6380 Wilshire Boulevard, Los Angeles, explored the I architectural design of the project and noted the surplus parking spaces which they expect to utilize as it usually has ample vacant spaces. projecturals were exhibited and he explained that they were aware of the design overlay and endeavored to overcome any problems. With reference to the adjacent surgical center Dr, Clyde Gregory, Medical Director for the Center, stated in part that they average about lO patients per day and Dr, Holman commented that the conges- tion will not increase there because patients are in and out within a couple of hours. Speaking in favor of the project: Mrs. Shirley Sholtus, 652 Naomi Avenue Dr. John S. Stewart, with offices in the 612 W. Duarte Bldg. -2- 11-20-79 I I 24: 9902 HEAR ING (Proposed Medical Bu ild ing) con't. Dr. Lewis May, 269 W, Wistaria Avenue Wesley Anderson, l635 Oakhaven Pat Notoro, l322 Lovell Avenue C. L. Fuller, 640 Naomi Avenue Paul Klein, 640 Naomi Avenue During the above proceedings it was submitted by the above persons that there is a need for the additional office space in the area; that consideration be given to have employees park in the existing parking lot to the north side instead of parking on the street; also the possibility of another entrance and exit on the Lovell side near LeRoy in order to lessen the traffic on Naomi, Norman Morris, 605 Naomi Avenue, spoke in opposition and said in part that at the time of the zone change the residents had been assured there would be a buffer between the R-l and C-O property and any construction would blend with the residential. He asked Council to reject the project. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unanimously, Councilman Saelid commended Dr. Holman on what he is endeavoring to do, but reiterated his concern about maintaining the residential quality of the area to the south and questioned just where commer- cial development is going to stop. Although the proposed medical building is of low profile he has not been convinced up to now that the project could be compatible with the residential neighborhood. Councilman Pellegrino said in part that after hearing and considering both sides he feels the project will be a benefit to the City.. that if the need weren't there Dr. Holman would not be investing such large sums of money. He was in favor of the project. Councilman Parry expressed concern about the parking but the plus' outweigh the minus' in his opinion and there has been little expressed opposition by the neighbors. He would favor the project. Councilman Gilb said in part that the project should be approved but he was in favor of opening up the parking lot with ingress and egress on Lovell near LeRoy in order to divert some of the traffic and that Naomi should be widened; that the parking availability appears to be more than ample. Mayor Margett commented in part that there does not appear to be sufficient buffering for those residing on the south side of Naomi. He asked about the house which will remain and was advised that the owner of that property has lived there for over forty years and desires to remain; that they have a verbal commitment to have the first right of refusal to purchase it. Mayor Margett continued in part that if it were possible he would like to see the building located northerly toward the other facilities which would allow a a better use and view for the south side as opposed to having the building right on the corner. Dr, Holman responded in part that they would welcome such a move but the area in question is zoned for parking and would require a zone change. In that event the corner of Lovell and Naomi would then be used for parking. Council- man Saelid commented that he could support the project if it were relocated to the north. Dr. Holman spoke to the time element involved in zone change proceedings and said time is a factor. Councilman Gilb MOVED to approve the appeal to the Planning Commission's denial for modification for a medical office building at the northwest corner of Naomi and Lovell Avenues. with the recommendations of the Planning Department and further that there be an opening for ingress and egress at Lovell near LeRby and that Naomi be widened. MOTION DIED FOR LACK OF A SECOND. -3- 11-20-79 HEARING (Proposed Medical Building) con't. HEARING (Anaokia School Gate) (To be Closed) .:.0 .~~J 24:9903 Following additional considerations it was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows -- to APPROVE THE RECONFIGURATION OF THE PROJECT IN ORDER TO ACCOMMODATE THE BUILDING ORIGINALLY PROPOSED FOR THE CORNER OF NAOMI AND LOVELL SUCH THAT THE PROPOSED BUILDING BE LOCATED ON LOVELL WITH INGRESS AND EGRESS FROM THE PARKING LOT WITH OPENINGS ON LOVELL AT THE INTER- SECTION OF LEROY: THAT THIS APPROVAL BE CONTINGENT UPON THE NECESSARY ZONE CHANGES BEING ACCOMPLISHED AND THAT IN THE INTEREST OF TIME THE CITY INITIATE THE ZONE CHANGES. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Appeal filed by Lowry McCaslin to the Notice and Order to correct I a substandard condition at 758 W. Anoakia Lane, The staff report indicated that the westerly gate on Anoakia Lane is being used for vehicular access to and from the school, This constitutes an expansion of the existing nonconforming use. The chronological . background was set forth in detail in a staff report dated Novem- ber 20. It was recommended that the use of the Anoakia Lane gates be discontinued and that modifications to the northerly Baldwin Avenue gate be made to provide for safe vehicular ingress and egress. An alternative would be for the school to obtain a condi- tional use permit which incorporates the use of the Anoakia Lane gates. During this consideration photographs were reviewed. Mr. McCaslin has asked that the appeal be withdrawn and that they will apply fOr a conditional use permit and asked that they be permitted to continue the use of the Anoakia Gate during the interim. Mayor Margett declared the hearing open and Ed Daniell, 777 Anoakia Lane,expressed concern for the safety of the residents and students on Anoakia Lane and spoke of congestion which has increased. Mr. Daniell asked that both gates on Anoakia be closed and that the Baldwin Avenue entrance be used and widened. Meyer Piet, 757 Anoakia Lane, directly opposite both gates to the school, spoke of the danger with vehicular traffic on the street which he said is only a three car street and that visibility is practically nil due to the concrete wall and the wrought iron gates ... he felt Mr. McCaslin should accept responsibility for the safety of the children attending his school and thought the wall on Baldwin should be modified for visibility. He also spoke of the overgrown shrubbery on the property in general. Ted J. Sten, 765 Anoakia Lane, spoke of the dangerous situation for vehicular traffic; and said it has become a drag strip and juvenile activities at night were recited. He felt the solution would be to widen the Baldwin Avenue gate, remove the shrubbery and modify the wall. I Mrs. Sten, 765 Anoakia Lane, spoke of the cars parking in front of her home and sometimes late in the evening - she is concerned about the safety of the children in the area and they are entitled to protection. She questioned the legal number of students at the school. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. It was MOVED by Councilman Gilb, seconded by Councilman Saelid that the appeal be and it is hereby DENIED and that both gates on Anoakia Lane be closed and that immediate compliance be initiated, It was agreed that a study of this area should be undertaken by staff; -4- 11-20-79 I I HEARING (Anoakia School Gate) can't. HEARING (Traffic Is lands To remain and be improved) ~ \_ \ C.... . ~\ ~_.1\'" 24:9904 that Baldwin Avenue has a lot of traffic; that the shrubbery should be cut back and that signs should be erected indicating the school location, Roll call vote was then taken on the motion: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Consideration of the traffic islands and/or stop signs on Old Ranch Road at Balboa Drive and at Victoria Drive, The Director of Public Works advised that after the public hearing held on November l5, 1977 temporary islands were installed at said loca- tions and a northbound stop sign was also installed at that time at Colorado Drive, Included in the staff report was a summary of a survey conducted by Councilman Saelid and also comments from residents on Old Ranch Road who will be unable to attend this meeting. He continued in part that if Council decides to improve the islands funds should be allocated from the Capital Improvement Program and that $l2,OOO would be the minimum amount required to fully improve the islands with landscaping and an irrigation system, It was also submitted that the future ongoing landscape maintenance cost is estimated to be $lOO per month per island or $2400 per year. Mayor Margett declared the hearing open and Robert Green, 500 S. Old Ranch Road stated in part that he was neutral on the stop signs but opposed to the islands; that they have not been effective in his opinion; that speeding is the real problem and that the islands have had no beneficial effect and are not in keeping with a residential area. He felt they are a hazard to the children because they feel the islands are a safe region. He asked the City Council to have them removed. In response to a question he said the Santa Anita Village Homeowners Association has not taken any action primarily because most of the members do not have any strong feeling one way or the other, James A. Glass, 706 S, Old Ranch Road,asked that the stop signs remain as they have slowed down traffic, however, the islands are being used as a race track; skateboard sanctuaries and a play area for children.. He also said debris collects around the islands and asked that they be removed. Robert Bartlett, 506 S. Old Ranch Road, felt the islands are an eyesore and do collect debris, however, he felt they have eliminated dangerous driving. He indicated on projecturals some of the prob- lems connected with the islands and he would rather they be removed. Len Adams, 43l S. Old Ranch Road, stated in part that the stop signs are good and the islands also have reduced some of the dangerous driving but they do look terrible and was in favor of improvemen t. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Parry and carried unanimously. Councilman Saelid explained the results of his survey - 22 in favor of the islands 3 against and 1 undecided; l6 in favor of the stop signs, 3 against and 4 undecided; that those in the immediate area wanted to keep both islands and stop signs. He felt the islands have been successful in eliminating the hazardous driving but the only way he would want them to remain would be to improve them by landscaping and expressed surprise at the ongoing cost of mainten- ance. He then MOVED TO RETAIN THE ISLANDS and to .place funds in the Capital Improvement Budget for landscaping. Councilman Gilb seconded the motion. -5- 11-20-79 HEARING (Traffic Is lands) con't. 24:9905 Councilman Gilb felt the islands are unsightly in the present condition and referred to the debris which collects around them... that they probably have contributed to the reduction in traffic speed, however, if they are to remain they should be improved in appearance by suitable landscaping. Councilman Parry agreed that the islands do look terrible in their present state, and although the price seems high it appears that most of the people want them for safety reasons; that Council is endeavoring to do the best it can. Councilman Pellegrino felt it was a lot of taxpayer's money to pay for an improvement in only one area of the City, Mayor Margett said in part that the cost seems high especially for the ongoing future maintenance. He also envisioned future I problems with drainage..he did not have a strong feeling one way or the other but would have to have more motivation to go along with the cost. Roll call vote was then taken on the motion. AYES NOES ABSENT: Councilmen Gilb, Parry, Saelid Councilmen pellegrino, Margett None AUDIENCE PARTICIPATION uP ~: e,CONDIT IONAL USE PERMIT 1\0 f. ;)WATER PURCHASE f EQUIPMENT PURCHASE (Library) .~ PERSONNEL BOARD ~"EQUIPMENT PURCHASE (Police) ~'CHRISTMAS TREE STORAGE TENTS Some further discussion held with Robert Green concerning the need for the islands and the improvemwnts which have been author- ized by Council. Mr. Green felt it was a needless expenditure and reiterated his opposition. Herb Fletcher, 175 W, Lemon, spoke to the need of rentals for senior citizens and asked Council to consider placing a bond issue before the electorate for such housing. CONSENT ITEMS APPROVED Conditional Use Permit and Modifications for a four unit apartment complex at l4l E. Diamond, (Planning Commission Res. 11l8). APPROVED purchase of l,500 acre feet of water at $48 per acre feet from the City of Sierra Madre. APPROVED purchase of electric doors for the Library from Door Systems, Los Angeles, in the amount of $5,658, Funds in the Capital Improvement 1979-80 Budget. APPROVED revised class specifications for Public Services Superintendent, Storekeeper, Fire Captain, Fire Engineer and Firefighter. I APPROVED purchase of 299 square yards of lOO% acrylic carpet and 50 ounce jute commercial grade pad from Howard's Rug Company, Arcadia, in the amount of $6,l7l.95 - for the Police Department. Funds in the Revenue Sharing Account for 1979-80, APPROVED the following requests for permission to erect Christmas Tree Storage Tents through December 25: SUBJECT TO CONDITIONS. Hardings Gardenland, l45 E. Live Oak Hawkins Christmas Trees, northeast corner Second & Huntington Hawkins Christmas Trees, northeast corner Sunset & Huntington Fidler Mountain Farms, west side of 4 W. Foothill Blvd. Kare Youth League (formerly Boy's Christian League) at 72l W. Huntington Drive Kare Youth League at 212 E. Live Oak Avenue NOTE: The Business License Fees of $30 each were WAIVED for the Kare Youth League. -6- 11-20-79 RIGHT TURN ONLY LANE (Colorado Bl) I WORKERS' COMP, CLAIM (Defer) ,/(1.... /' FIXED ASSETS (Water Revenue) .) I, t; . )' I I.... I J\.f.,..t ~ .. v, i l. (,",,!,,) r . t ' . (: i /1 CHAMBER! COMMERCE (Brackets) ORDINANCE NO. 1690 ADOPTED I /' ORDINANCE NO, 1691 ADOPTEj 24: 9906 Report concerning installation of a right turn only lane at the intersection of Colorado Place and Colorado Boulevard. This item was addressed in the adjourned regular meeting this date and arrangements were made for the Turf Club to partici- pate in the construction. SEE ADJOURNED REGULAR MEETING MINUTES OF THIS DATE, PAGE ONE. All the above consent items were APPROVED on MOTION by Council- man Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None On MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that final authoriza- tion be granted to settle the Workers' Compensation Claim for Richard Defer. (Report dated November l4) AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Council received the report on evaluation of fixed assets and recommendation concerning General Water Revenues transfer to Water Facilities Replacement Fund. Results of the evaluation were itemized in the report dated November 20. The Water Fund has $200,000 in unappropriated revenues from the fiscal year 1978-79. It was MOVED by Councilman Saelid, seconded by Council- man Pellegrino and carried on roll call vote as follows that Council transfer this $200,000 to the Water Facilities Replace- ment Fund and that Council evaluate the results of the evalua- tion of the fixed assets of the water system and affirm that $200,000 or more per year is an appropriate amount to be transferred. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None It was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried unanimously that the communication from the Chamber of Commerce, withdrawing its request to add four poster brackets to be located in the median islands on Foothill Boulevard between Santa Anita and Michillinda, be received and filed. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. l690 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 6439 OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO SUBSECTIONS (30 AND (3l) PROHIBITING THE DISPLAY OF CERTAIN MATTER IN NEWS RACKS ON PUBLIC PROPERTY WHICH EXPOSES SUCH MATTER TO PUBLIC VIEW." It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No, l69l entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA MUNICI- PAL CODE TO AUTHORIZE THE CHIEF OF POLICE TO CONDUCT HEARINGS ON ANIMAL NUISANCE COMPLAINTS." -7- 11-20-79 ORDINANCE NO. l69l ADOPTED cont ,I I RESOLUTION NO. 486l ADOPTED / ARA RESOLUTION No. 55 j GILB " EXECUTIVE SESSION 24:9907 It was MOVED by Councilman Pellegrino, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text be waived and that same be ADOPTED. AYES NOES Councilmen Parry,Pellegrino, Saelid, Hargett Councilman Gilb (Felt there should be a provision for appeal to the Council) ABSENT: None The City Attorney presented and explained the reason for making this correction - (It was adopted in the adjourned regular meeting this evening without separate motions for waiving and adoption), It was MOVED by Councilman Pellegrino, seconded by Councilman Gilb and carried on roll call vote as follows that the reading of the full text of Resolution No. 486l be waived, I AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Hargett None None The City Council then adjourned in order to consider the following matter as the Arcadia Redevelopment Agency: This resolution had been previously adopted in the adjourned regular meeting without two separate motio~s for waiving and adoption. It was then MOVED by Member Gilb, seconded by Member Pellegrino and carried on roll call vote as follows that the reading of the full text of ARA Resolution No. 55 be waived, AYES NOES ABSENT: Members Gilb, Parry, Pellegrino, Saelid, Hargett None None The Arcadia Redevelopment Agency then adjourned and reconvened as the City Council. Received Council concurrence in the participation of the Turf Club in the construction of a bus stop on Huntington Drive for race track patrons, As Council Liaison to the Parks and Recreation Commission, Mr. Gilb expressed concern about the manner in which the city parks are being maintained and felt monies should be expended in this regard rather than considering new parks at this time. Referred to his suggestion and MOVED that the Fairview Mini Neighborhood Park be named Peacock Park, Motion seconded by Councilman Pellegrino but did not carryon the following roll call vote: AYES NOES ABSTAIN: ABSENT : Councilmen Gilb, Pellegrino Councilmen Parry, Margett Councilman Saelid None (Most of the Councilmen would like to consider this further and agree it is a good name) The City Council entered Reconvened at ll:45 p.m. to December an executive session at ll:30 p.m. and adjourned immediately thereafter ~/J// ~pI Ma or dJl;_~,2~ Chri~an ~anen, Ci~S_Clerk 11-20-79