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HomeMy WebLinkAboutDECEMBER 18,1979_2 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING Lot Split Appeal Granted ). t. c /' - I ,J I 24: 9920 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 18, 1979 The City Council of the City of Arcadia, California met in regular session on Tuesday, December 18, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Paul Devenport, Church of the Latter Day Saints Councilman David E. Parry 11 PRESENT: ABSENT : Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None On MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously the minutes of the adjourned regular meeting and the minutes of the regular meeting of December 4, 1979 were APPROVED. Appeal to the Planning Commission's denial of tentative Parcel Map 79-14. The application was for a lot split to create four lots from two lots for the purpose of constructing two new single-family dwell- ings and to resolve an illegal division of land involving 39 West Palm Drive and 2311/2307 Palm Circle. With this modification the division of land would then comply with the standards set forth in the subdivision ordinance and the proposed purpose is consistent with the zoning regulations. , . The Planning Commission denied this parcel map on the basis that the lot split did not meet the subdivision requirements. The illegal lot split was brought about in 1963 and 39 Palm Drive (Lot No.4) was divided into two parcels and the front parcel has changed ownership several times. The application for the lot split involved 45 Palm Drive, the northerly portion of 39 Palm Drive which is sometimes referred to as 2311/2307 Palm Circle. The Planning Department has recommended approval subject to specified conditions. Mayor Margett declared the hearing open and the applicant, Mike DeFilipi, residing at 165 Walnut Avenue, explained how the illegal lot split was discovered and that his original plan was to build two houses, However, he is now facing the problem of the undersized corner lot (39 W. Palm Drive). He asked the Council to approve his application. Bob Kreisberg, 20 W. Birchcroft, felt that the proposal is the highest and best use for the property in question and said it is an eyesore in its present condition - due to the constant collection of debris. He also felt it would improve the neighborhood. Richard Binkley, 86 Birchcroft, also noted the problem of weeds, etc., and regardless of whether or not there is a legal or illegal lot at the corner the proposed use would be the best for the area. Joseph Klimberg, 51 Birchcroft, said in part that the subject property is nothing but an eyesore and asked Council to approve the lot split. Frank Bush, 60 Birchcroft, also said the lot in question has not been maintained except when the City has sent crews to clean it. He noted the growth of weeds and felt the entire neighborhood would benefit if this were approved. Milt Bade, 63 Birchcroft, gave a resume of the ownership of the subject -1- 12-18-79 HEARING con 1 t. HEARING (Goddard) ~\ \~ I) '. ~' ~:-. \ ~L 24:9921 lot. He felt the house on the corner and the one next door are too valuable to tear down and felt that two new homes on the west side would be an asset and asked that the request be approved. Mrs. Joe Ronstadt, widow of one of the former owners of , the subject property asked that the matter be settled as soon as possible, Shirley Miller, 61 Birchcroft, asked that the request be granted as it is such an eyesore and she would like to see the property developed with homes of which the neighbors could be proud. Harold L. Jackson, 45 W. Palm Drive, one of the owners of the subject property, said in part that he would like to see this matter resolved as they are planning to move to another city. :1 Margaret Rimpau, 77 W. Birchcroft, asked that the matter be resolved as they would like to see some new development and the eyesore removed. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Saelid and carried unanimously. In response to a question by Councilman Parry the Planning Director explained that no one spoke to this matter at the Planning Commission hearing and that the Commission felt to approve this was tantamount to approving illegal lot splits. Councilman Gilb said in part that this appears to be a situation which cannot be changed other than what is being requested and if it is not approved the property will just stay as it is. He then MOVED to grant the appeal and approve the lot split pursuant to the outlined conditions. Councilman Parry seconded the motion. Councilman Saelid submitted in part that at first he found it difficult not be support the Planning Commission in its denial but after inspecting the properties involved he could not see any other way of ever solving the situation,.. and to permit it to remain would be unfair to those living in the area. He would support the appeal. Councilman Pellegrino said he too at first was in favor of the Commis- sion's decision for denial but hearing the testimony at this meeting felt it Council's responsibility to correct a situation which occurred ,years ago, In response to a question by Mayor Margett the Planning Director explained that in the event of some type of catastrophe, i. e., fire or the like, if the damage were 75 percent or greater the structure would have to be removed and reconstructed according to code, however, if it were less than 75 percent it could be reconstructed. If the lot split were approved it would then become a legal lot, Roll call vote was then taken on the motion. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None I Appeal to the Notice and Order to correct a substandard condition at 1010 S. Baldwin Avenue. The Planning Director advised that the appeal was filed by Herbert H. Goddard who asked that he not be held responsi- ble for the maintenance of a wall in the parking area on his property. Council had received a chronological history of the property -- which included a reciprocal agreement executed in March of 1961 relating to the bowling alley and the use of Mr. Goddard's property for parking. The subject wall had been damaged by parties unknown at this time and Mr, Goddard contends fuat it is not his responsibility to correct the wall because of the agreement between himself and a former owner of the bowling alley although there is no documentation on file to this effect. Mayor Margett declared the hearing open and Mr. Goddard said in part -2- 12-18-79 HEARING (Goddard) con't. I LIBRARY BOARD (Equipment Purchase) I ;;;: 11 , (~ j.U/ "jl /J " t. T.,' I '- ') I I .f CUP (Fee schedules revised) HEARING / SCHEDULED (Jan. 2, 1980) BUS STOP ./ LANE 24: 9922 that at the time the bowling alley came into operation the former owner needed parking space and he, Mr, Goddard, had no use for the rear portion of his lot - so they entered into an agreement whereby in return for the easement the wall would be maintained by the former owner, G. M, Shumacher. This had been recorded, He said further in part that the wall had been damaged several times during the years. He asked Council to allow the care of the wall to revert to what has been a satisfactory arrangement for the past twenty years until the Notice to Correct was sent to him, He made reference to the letter Mr. Shumacher had directed indicating that the Bowling Alley would assume the responsibility of the wall on Mr. Goddard's property. The City Attorney submitted that legally the City would not be able to force the Bowling Alley to maintain the wall, As for the ownership of the wall Mr. Goddard said the Bowling Alley owner constructed the wall on his property with the understanding that it would maintain it., It was noted that the Code does not provide for subagreements - it only addresses the owners of record and that the parties involved would have to work it out. Jim Goddard, 9036 Arcadia Avenue, San Gabriel, spoke to the matter stating in part that it is his understanding also that the bowling alley owners are to maintain the wall; that they are endeavoring to correct the City's premise that the Goddards are responsible. He also submitted in part that they had been threatened by the City staff that, it would be taken to court if they did not comply. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried, During the Council deliberations it was brought out that this is a matter to be resolved between the parties involved; that perhaps Mr. Goddard might decide to take the wall down especially if the bowling alley owner doesn't want to maintain the ~all - in this case,the variance would no longer be valid - that it appears the only thing to do at this time is to continue the period of time for compliance. Councilman Saelid then MOVED to deny the appeal and grant a 60 day continuation period for compliance by Mr, Goddard, Motion 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 Parry and carried on roll call vote as follows the recommendation of the Library' Board for the purchase and installation of tile for the Library public restrooms was APPROVED. Funds are in the current year Capital Improve- ment Account. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None CONSENT ITEMS APPROVED the revised fee schedules for conditional use permits and variances as recommended by the Planning Division (staff report dated December 18). SCHEDULED a public hearing for January 2, 1980 on ~ Planning Commis- sion recommendation (Res. No, 1124) pertaining to a zone change from PR-l to c-o for property fronting on Lovell Avenue between Duarte Road and Naomi Avenue. APPROVED plans and specifications and authorized the City Clerk to advertise for bids for the construction of a bus stop lane at Hunting- ton Drive and Civic Center Place. -3- 12-18-79 S C A G (Trans it Plan) {;fI\{,-'j.:i I TRANSFER OF FUNDS DIAL-A-RlDE ('IA~~..:.; . V\.l. . -", f') 0 TRAFFIC CONTROL (Race Meet) HEARING SCHEDULED (January 15) i WORK ACCEPTED STREET MAINTENANCE 'I /' ( ,~ I " I DIAL-A-RlDE AGE REDUCTION APPROVED -.;.. -3 ~ , ' I'" .......- TRAFFIC SAFETY GRANT (POLICE) S'. \ Ie.. /f-I'\\ t ,.; \ RESOLUTION NO, 4870 ADOPTED f: - " ':'-. ./ - 24: 9923 AUTHORIZED the execution of the Cooperative Agreement between the City and Southern California Association of Governments and an agreement with Wilbur Smith and Associates for the preparation of the City's 1980-81 Short Range Transit Plan. AUTHORIZED the transfer of $6,000 from Unappropriated Balance of the General Revenue Sharing Fund to the Dial-a-ride Special Account for the purchase of a wheelchair lift equipped van for the Dial-a-ride program. AUTHORIZED the appropiration of $180,524.53 to provide traffic control by the Police Department for the 1979-80 thoroughbred race meet. SCHEDULED public hearing for January 15, 1980 on the request for a zone change at 610-618 N. Santa Anita Avenue. I ALL OF THE ABOVE CONSENT ITEMS APPROVED ON MOTION BY Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Staff advised that the work in connection with the annual street maintenance (gutter) has been completed. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the work performed by E. C. Construction Company be ACCEPTED and that final payment be authorized pursuant to the terms of the contract. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Staff advised that currently the m~n~mum age for eligibility for the senior citizen dial-a-ride fare is 65 and that all of the major transit operators in Los Angeles County provide for a minimum age of 62. It was recommended that the City approve this reduction thus allowing more of the senior citizens to take advantage of the discount fare. It was MOVED by Councilman Pellegrino, seconded by Councilman Parry and carried on roll call vote as follows that the reduction of the minimum age for senior citizens from 65 to 62 be APPROVED effective January 1, 1980. AYES Councilmen Gilb, Parry, Pellegrino, Saelid, Margett NOES None ABSENT: None Staff advised that the request for a project extension to December 31 I and the expenditure of Grant Funds for equipment to expand the traffic division has been approved by the State Office of Traffic Safety. In order to facilitate the program it was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that an appropriation be authorized in the amount of $7,783 for immediate application and reimbursement by the Office of Traffic Safety (State) for equipment set forth in staff report dated December 12, 1979. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4870 entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE -4- 12-18-79 RESOLUTION NO. 4870 con't. 1 RESOLUTION NO. 4871 ADOPTED )\ J, I . (: I'" RESOLUTION NO. 4872 ADOPTED I .~ /tjO ~ RESOLUTION NO. 4873 ADOPTED I' ' 14~g 1 RESOLUTION NO. 4874 ADOPTED / 24: 9924 HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8TH, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISION OF THE CHARTER." It was MOVED by Councilman Gilb, seconded by Councilman Pellegrino 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, explained the content and read the title of Resolution No. 4871, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVI- SORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ARCADIA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 8, 1980." It was MOVED by Councilman Parry, seconded by Councilman Pellegrino 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, explained the content and read the title of Resolution No. 4872, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTRO- ATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8TH DAY OF APRIL, 1980," It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino 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, explained the content and read the title of Resolution No. 4873, entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF APRIL 1980 TO BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA." It was MOVED by Councilman Parry, seconded by Councilman Gilb and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSSNT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4874, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROHIBITING THE PARKING, STANDING, OR STOPPING OF CAMPING VEHICLES IN OFFSTREET PARKING FACILITIES OWNED OR OPERATED BY THE CITY OF ARCADIA BETWEEN THE HOURS OF TWELVE MIDNIGHT AND SIX A.M.II It was MOVED by Councilman Pellegrino, seconded by Councilman Parry and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED, -5- 12-18-79 RESOLUTION NO, 4874 con't. RESOLUTION NO. 4875 , /(/.....1-. (1' . .~ RESOLUTION NO. 4876 ADOPTED I HOLIDAY APPROVED / POLLARD v' PARR;- SAELID ./ MARGETT ADJOURNMENT TO December 21, 1979 - 3:30 pm 22: 9925 AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4875, entitled: '~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONCURRING WITH THE USE OF THE SCAG-78 GROWTH FORECAST POLICY FOR USE IN REGIONAL PLANS." It was MOVED by Councilman Pellegrino, seconded by Councilman Parry 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 1 The City Attorney presented, explained the content and read the title of Resolution No. 4876, entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA JOINING WITH THE COMMUNITIES OF SAN GABRIEL VALLEY TO COMMEND THE SAN GABRIEL VALLEY DAILY TRIBUNE UPON ITS SILVER ANNI- VERSARY. " It was MOVED by Councilman Parry, seconded by Councilman Pellegrino 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 On recommendation of the City Manager it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the Monday before Christmas (December 24) and the Monday before New year's Day (December 31) be declared holidays for this year. AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Appreciation was expressed to Lewis Pollard for his efforts and accomplishments on behalf of the City during his tenure. Mr. Pollard is resigning as of December 31 to accept other employment. Councilman Parry said he would make an announcement as to his intention on seeking reelection at the next regular Council meeting. Referred to a suggestion made in a communication concerning each resi- dent displaying the American Flag daily until the hostages are released in Iran and it was MOVED by Councilman Saelid that the City Council proclaim such support. Councilman Gilb seconded the motion which was carried on roll call vote as follows: 1 AYES NOES ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Acknowledged the presence of Arcadia High School students and expressed appreciation for their willingness to sit through the entire meeting. Advised that details for the Board and/or Commission dinner will be forthcoming. It was MOVED by Councilman Saelid, seconded by the entire body that the meeting adjourn in memory of Harry Stone and Raymond Dorn, both of whom contributed greatly to the City, and stated: "Mr. Stone passed away within this past week. Members of the City Council probably did not have an opportunity to know him very well, I did not. He was -6- 12-18-79 ADJOURNMENT can1t. 1 1 l ..... ','" .... 24: 9926 quite active in the senior affairs of the City and contributed financially to the Senior Men's Club, their parties and other events of the Club and also the Senior Citizen Friendship Club. He was a very good friend of the Club and also a good friend of the City. Mr. Raymond Dorn was responsible for a lot of very fine development in the City. He did not live in the City however his son does and is carrying on the business of the Dorn Realty. The senior Mr. Dorn was responsible for the development of the Santa Anita Oaks and the Lower and Upper Rancho Santa Anita. He worked on the Upper Rancho, I think, with the Times people. If I am not mistaken he also developed the Santa Anita Village area. He was involved in the development of numer- ous good residential areas. It is only fitting and proper that the City Council adjourn in memory of Mr. Stone and Mr. Dorn." The meeting adjourned at 9:45 p.m. to 3:30 p.m. December 21, 1979. ~A~~ yor ATTEST: h' , V Ma:2 C r1stLne an anen City Clerk -7- 12-18-79