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Home My WebLink AboutNOVEMBER 18,1980 (2) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL HEARING Mod if ica tion Tenth Avenue DENIED p', n C'D~ I 25:0165 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 1 8, 1980 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session at 7:30 p.m. November 18, 1980 in the Arcadia City Hall Council Chamber. Mrs. Mildred Free, Church of Christ Scientist, Arcadia Scott Olmstead, Cub Scouts - Den 2 Pack 113 PRESENT: ABSENT : Councilmen Dring, Haltom, Saelid, Pellegrino Councilman Gilb On MOTION by Councilman Dring, seconded by Councilman Saelid and carried unanimously Councilman Gilb was excused. Appeal filed by George and Pauline Kallimanis from the decision of the Planning Commission in its denial of their request to allow a zero south- erly side yard setback accessory building in lieu of the 5 feet required; an accessory building of two stories 21 feet in height in lieu of one story 16 feet in height allowed and a total accessory building area of 4,548 sq. ft., in lieu of 888 sq. ft., allowed. It was noted that the Commission felt the modifications would not secure an appropriate improve- ment of the subject property and denied the request. The Planning Director submitted that the property is zoned R-l and devel- oped with a single family dwelling and accessory building with a total of 4,548 sq. ft. The second story addition was completed recently even though a stop work order had been issued by the Building Department as early as February 1980. It was noted that the side yard is large enough to have accommodated the square footage for a single story structure. The Planning Department did not find any justification for the second story addition. Mayor Pellegrino declared the hearing open and Mrs. Kallimanis, 1031 S. Tenth Avenue, said in part that prejudice was shown against them because the structure was built prior to obtaining a modification approval; that they have already been fined in municipal court' for not obtaining a permit .. that they felt they are being discriminated against. She referred to a neighbor who had applie d for and received a modification for his zero side yard setback ... that no one contested his side yard setback and no one contested theirs but he was granted his modification and they were denied theirs ... that the Commission said their (Kallimanis) property is large enough not to require a modification but the neighbor's property is even larger than theirs. Mrs. Kallimanis then circulated photographs of the subject property showing various angles of their property along with other properties on south Tenth Avenue. In response to a question Mrs. Kallimanis said in part that they are not claiming hardship and they now understand that they proceeded in violation of the law which they did not understand in the beginning. George Kallimanis, 1031 S. Tenth Avenue, then responded to questions stat- ing in part that they completed the first story without an inspector g1v1ng them a stop work order ... that when they started the second floor the -1- 11-18-80 25:0166 Building Department gave them the stop work order ... at that time the walls were up and the roof was framed ... a month elapsed while they were drawing up their plans .. and when they endeavored to obtain the permits they were told a modification was needed " this was after they received a second stop work order. He also 2irculated drawings of the property in- dicating various lot dimensions, some with zero or less then five foot side- yard setbacks ... that some properties can construct second stories without modifications because the lots are small and the second story can be attach- ed to the homes ... they could not build an accessory building because they do not have the room in their rear yards to build away from their houses. Some discussion held on the right of privacy which was a concern of the City Council. Jerry Gillette, 1034 S. Ninth Avenue, referred to the fine which the appli- cants will have to pay through the Court if they do not get a permit from I the City. He said in part that when he saw the building going on he contact- ed the Building Department - that after the stop work order construction con- tinued right on. As far as a second story on homes it is sometimes a necess- ity on smaller lots. He questioned why anyone would build a second story when the lot was so large .. that it shows a lack of consideration for the neighbors. Bryce Dinsmore, 1028 S. Ninth Avenue, said in part the subject second story was constructed illegally and that to him it is ugly and asked the City Council how they would like to see it from their backyard. Mike Nolan, 1122 S. Ninth Avenue, spoke in opposition to the structure in question and said that it doesn't add to the neighborhood. He also said in part that he believes they have too many horses... that they should abide by the law. Greg Medeiros, 1110 S. Ninth Avenue, also spoke in opposition stating in part that regarding the code being discriminatory between large and small lots, that the Kallimanis' could build a two story structure on their main house just as the others may do on smaller lots ... that the tack room is built in such a way that there is a balcony off it " that there are windows '. He questioned the need for windows and the balcony in a storage setting for horse equipment. Marvin Westfall, 1101 S. Ninth Avenue, said that when he wanted to add to his property he had to follow the Code requirements; that they should abide by the law. Gerry Yanosky, 1033 S. Ninth Avenue, said that a flagrant violation of the law has been taken with no justification. Mrs. Kallimanis said in part that they know they have done wrong; that they will r~ve to pay a fine and submitted in part reasons for the delay in preparing the requirements of th~ Building Department; that she feels they are being crucified ... that if they must they will take the structure down and apply for new permits and construct something else. Mr. Gillette, as spokesman for the opposing group, said in part that they are definitely opposed to the second story structure. Mr. Dinsmore also spoke again stating in part that if the structure is put up legally no one could stop them. I No one else desiring to be heard the hearing was CLOSED on MOTION by Coun- cilman Dring, seconded by Councilman Saelid and carried uananimously. Councilman Saelid said in part that in this instance the applicants pro- ceeded without concerning themselves with gaining the approval of the neigh- bors or even coming to the City to seek some relief ... the matter went to court which has issued its judgment .. that he was not concerning himself now with what they did in terms of its legality that he was just point- ing out that the available process was not used ... that the Modification -2- 11-18-80 I o I HEARING (Mayflower Avenue) r ru' 25:0167 Committee and the Planning Commission do not feel it is an appropriate improvement .. that now it is before the City Council.. that he too does not consider it to be an appropriate improvement ... that is the reason the City has requirements in terms of land use in an endeavor to maintain a community of nice homes and not invade other people's privacy.. that there is plenty of land where the additional facility could have been built with- out encroaching into the air space and into peoples' privacy... He would have to support the Planning Commission. Councilman Haltom commented in part that having been in construction all his life he does not recall anyone violating a stop work order ... that when the applicants did not obtain the proper permits they set the wheels in motion against themselves. He expressed empathy for them because of the financial difficulties but they were twice warned. Councilman Dring also expressed sympathy for the plight they find them- selves in and MOVED to approve the modification to allow a zero southerly side yard setback to the accessory building in lieu of the 5 feet required. Motion seconded by Councilman Haltom. Councilman Saelid said in part that a zero yard setback in this instance is not a problem and that he could support the motion .. that they have gone through the court system and the court is answering his particular concern. Councilman Haltom then said in part that the side yard setback may not be a problem now but it may be re- gretted in the future .. he is against setbacks because it allows no access to the property for firemen. Discussion ensued and the motion was AMENDED thusly by Councilman Dring: to APPROVE the modification to allow a zero southerly side yard setback to the accessory building in lieu of the 5 feet required with the condition that this approval is conditional on the accessory building remaining an open structure. Councilman Haltom with- drew his second to the motion and Councilman Saelid seconded the motion which carried on the following roll call vote: AYES NOES ABSENT: Councilmen Dring, Sae1id, Pellegrino Councilman Haltom Councilman Gilb Councilman Dring then MOVED that the modification to allow the accessory building to be two stories or 21 feet in height be DENIED. Motion second- ed by Councilman Sae1id and carried on the following roll call vote: AYES NOES ABSENT: Councilmen Dring, Haltom, Sae1id, Pellegrino None Councilman Gilb Councilman Dring further MOVED to grant approval for the total accessory building area to be the existing size of the current single story struc- ture now in place in lieu of the 888 sq. ft. allowed by the Code. Motion seconded by Councilman Saelid and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Sae1id, Pellegrino Councilman Haltom Councilman Gilb An appeal was filed by Mr. and Mrs. George E. Dwan, residing at 1506 S. Mayflower Avenue, from the approval of the Planning Commision of a modi- fication for a 3'0" southerly side yard setback for a bathroom addition at 1500 S. Mayflower Avenue. The Commission felt that the applicant Lacked a viable alternative and that the addition would be architecturally compati- ble with the existing dwelling .. also that the impact of the proposed addi- tion would be mitigated by being adjacent to an existing garage and a 5'0" high masonry wall and tha t the 3' 0" s ide yard setback would secure an appro- priate improvement. Mayor Pellegrino declared the hearing open and Howard Piland, the owner of property at 1500 S. Mayflower Avenue, said in part that they have saved -3- 11-18-80 SCHOOL CLOSING /1 'L {j' I~ ~ d r" {1;,/- ,,I 25:0168 for this improvement for a long time; that he was asking only for the bathroom addition and had withdrawn the original request for a garage. He also said in part that the masonry wall had only recently been con- structed by Mr. Dwan. George E. Dwan, 1506 S. Mayflower Avenue, said in part that no other prop- erty owner in the neighborhood has added on to the side yard within so small a margin of a property line .. that a precedent could be set which could only lead to a condominium type atmosphere on a street with a rural flair with every house being distinctly apart from its neighbor. He said there are safety aspects involved " that Mr. Piland's gas line and meter are on the same side as the proposed modification and would be within two feet of their property line. In stating his opposition he said in part that if any loss is incurred to their property they would hold the Plan- ning Commission and the City as well as Mr. Piland liable if the modifi- cation is approved. He felt the quality of the environment would be ser- iously threatened. He said further in part that they constructed the wall to protect their property.. to indicate where the property ends and not have it shared with a neighbor and become permanent. I Lowell M. Jones, 1512 S. Mayflower Avenue, was advised that the garage request has been withdrawn. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Dring and carried. Councilman Saelid said in part that when the five foot setback was set it was to preserve a greater open space and yet in this particular in- stance that open space was violated by a wall which went right through the center of that open space... he did not see anything to be gained by withholding a request for a two foot encroachment into the five foot setback-' a required setback which did, not exist until some' months ago '" that it sounded to him that this is a neighbor-to-rieighbor affair rathe. than dealing with what is rational and reasonable in terms of setback re- quirements. Councilman Saelid then MOVED to uphold the Planning Commission's findings relating to the modification and to deny the appeal. Motion seconded by Councilman Haltom and carried on roll call vote as follows: c AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The Recreation and Parks Commission recently considered the possible closing of Bonita Park and Baldwin Stocker Schools and expressed concern regarding the future use and acquisition of the already existing recrea- tion facilities, i. e., Little League baseball fields, parks, etc. loca- ted on the two properties. It was recommended by the Commission that a communication be forwarded to the School Board indicating that in the event the two schools are to be vacated that the City be notified and considered for future use and/or acquisition. During this consideration Councilman Saelid explained the concern of the Commission and felt such a communication should be directed to the School Board. Councilman Dring submitted also that the Senior Citizen Commission had expressed the same concern and agreed that the letter should be sent. I Whereupon Councilman Saelid MOVED that the Mayor direct such a communication to the School Board. Motion seconded by Councilman Dring and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb -4- 11-18-80 ROLL CALL I"~u 25:0169 The City Council then recessed in order to act as the ARCADIA REDEVELOPMENr AGENCY PRE SENT: ABSENT : Members Dring, Haltom, Saelid, Pellegrino Member Gilb On MOTION by Member Dring, seconded by Member Saelid and carried unan- imously that Member Gilb be excused. The meeting adjourned to an executive session to be held at the close of this regular Council ~eeting. RECONVENED AUDIENCE PARTICIPATION ~5r TRACT NO. ,; 35704 If: EQUIPMENT PURCHASE (Chipper) A: CHRISTMAS TREES IACCEPTED WO~ H oS- PI-IM( !.J- / CUP HEARING SET December 16 Mrs. Johanna Hofer, 875 Monte Verde Drive, was advised on the procedure for advertising for bids for equipment - the legal requirement etc. and that all bids are time stamped upon receipt. Mrs. Hofer also referred to an agenda item concerning the proposed agreement with Community Tran- sit Services and was advised that the City has all the names and address- es of the officers of said company. It was also felt by Mrs. Hofer that some study should be given to the revenues the City might receive if a certain measure on transportation becomes law .. that perhaps some type of improved transportation could be offered the residents. Reference was also made by Mrs. Hofer to break-ins in her neighborhood of late and felt this should be made public by the press and perhaps in the City Newsletter. Mrs. Hofer submitted a copy of a letter she has submitted to the local press for publication. CONSENT ITEMS SCHEDULED hearing for DECEMBER 2 on Tract No. 35704 - 18 unit condomin- ium at 924-928 Arcadia Avenue. APPROVED the purchase of a chipper for the Public Works Department from Asplundh Equipment Company in the total amount of $5,823.76 ($3500 trade- in). Funds are in the Capital Improvment Peojects Account 1980-81. APPROVED the following requests for permission to erect tents for Christmas Tree storage through December 1980. Smith's Christmas Trees 13 E. Foothill Boulevard C. Hawkins Christmas Trees 201 E. Huntington Drive 721 W. Huntington Drive 1045 W. Huntington Drive Kare Youth League Christmas Trees 646 W. Huntington Drive 212 E. Live Oak Avenue ACCEPTED and AUTHORIZED final payment for work performed by Valverde Construction Inc., in the Huntington Drive Water Main - Phase II. ALL OF THE ABOVE CONSENT ITEMS APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The Planning Director explained the status of property at 131 1/2 E. Huntington Drive for which a conditional use permit had been issued for -5- 11-18-80 MOVED t : EQUIPMENT PURCHASE (Video Equipment) J PURCHASING MANUAL January 20, 1 9 8 1 DISABILITY RETIREMENT RESOLUTION NO. 4920 -/ ADOPTED ,r t" : EQUIPMENT PURCHASE APPROVED (F ire Pumper) ,L~' 1-/ . :..;, t7:J l,# .\.;P' DIAL-A-RlDE AGREEMENT APPROVED 25:0170 specific hours or operation of a bar. The applicant has applied for ex- tended hours which the Planning Commission had denied by resolution. It was noted that there are possibly some zoning and health violations and it has not been possible to make an investigation or to contact the owner- operator. It was felt that this should be heard by City Council and it was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the City Council hereby appeals the denial of the decision of the Planning Commission by Resolution No. 1151 and schedules a hearing on the matter for December 16. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Recommendation of fue,Police and Fire Departments for the purchase of video equipment as listed in the staff report dated October 10. These items.had previously been explored with the Council and it was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as fol- lows that the equipment be purchased from funds in the Revenue Sharing Pro- gram and the General Fund Budget for 1980-81 with the hope that more re- straint is exercised on future expenditures. I AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The report and recommendation concerning the adoption of the Purchasing Manual and changes in the City Ordinance relating thereto was scheduled for consideration January 20, 1981. Recommendation for disability retirement for Police Officer Antonio Martinez. The Personnel Director gave the background and basis for the recommendation. Councilman Saelid then presented, read the title of Resolution No. 4920, entitled: I~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF ANTONIO MARTINEZ FOR DISA- BILITY RETIREMENT AND FINDING THAT HE IS INCAPACITATED TO PERFORM HIS DUTIES AS POLICE OFFICER." It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4920 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Council received the report and recommendation for the purchase of a fire pumper with tools and equipment (see staff report dated November 13, 1980). It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the Fire Pumper be purchas- ed from American La Franco Company in the amount of $121,009.60 and the I tools and equipment from the San Diego Fire Equipment Company in the amount of $13,032.65; that $899.94 be appropriated for addition of three items to the Pumper not included in the bid but which must be installed at the time of construction (1-4" outlet, 1 hose partition and 1 compartment door); that all other bids be rejected; and any informalities or irregularities in the bids or bidding process be waived. Funds are in Capital Improvement Program Budget for 1980-81. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Staff advised on the proposed agreement for the Dial-a-Ride program with Community Transit Services, Inc., and noted that the company had reduced -6- 11-18-80 I / ORDINANCE NO. 1713 ADOPTED I ,/ ORD INANCE NO. 1711 ADOPTED 25:0171 its fixed fee from 12% to 10% of cost, as a result the maximum total cost to the City would be $149,273 for the year. Changes were explored. Staff recommended days for extended service. Some discussion held on whether or not to specify the dates for extended service at this time or await accur- a te definition. During this consideration Bill Downing, representing the company, responded to questions and explained what is meant by travel and living expenses -- that it is incurred when it is necessary to provide the service - mainly during the initial operation... there would be no living expenses in Arca- dia it would be primarily for mileage. Councilman Dring said in part that he could not support the agreement be- cause to him it is too high priced .,. it was some $40,000 to $50,000 above the competitors .. also the start-up cost ... that a company should bear its own start-up costs ... he felt he was in the minority in his belief and that he would hope the City receives the service to justify the amount. Mr. Downing said in part that they will make every effort to provide good service and with reference to the overhead costs there are documents avail- able from their independent auditors to support the costs ., that he knows of no system where they have borne the start-up costs. He also said in response to a question by Councilman Dring that the fixed fee cannot be reduced. At this point the Assistant City Manager said in part that' the Urban Mass Transportation Administration frowns on a fee which is not fix- ed and it does not like to see an Operator and a City enter into such an arrangement. Following extensive discussion it was MOVED by Councilman Saelid, seconded by Councilman Haltom that 'the agreement be APPROVED and that the Mayor and City Clerk be AUTHORIZED to execute same with a modification to exclude ex- tended hours at the beginning of the contract with the idea that the Coun- cil readdress the question of extended hours after the system has been in operation for a period of time which might be 30 to 40 days at which time Council can best assess when those hours should be included in the schedule. (THIS MOTION WITHDRAWN LATER). At this point Council entered an executive session. Reconvened. Councilman Saelid withdrew his motion as did his second and then MOVED to approve the agreement as it has ,been presented at this meeting based on a favorable finding by Urban Mass Transportation Administration. Mo- tion seconded by Councilman Haltom. Roll call vote was then taken. AYES NOES Councilmen Haltom, Saelid, Pellegrino Councilman Dring (although with the hope that this becomes a justified expenditure) ABSENT: Councilman Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1713, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 4233 and 4233.1 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO OBSCENE LITER- TURE." It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the further reading of the full text of, Ordinance No. 1713 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1711, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS -7- 11-18-80 / RESOLUTION NO. 4921 ADOPTED -/ CLAIM REJECTED (Foothill Jewish Cent.) \ CLAIM REJECTED (Waite) \' CLA IM REJECTED (Warren) / DRING ./ SAELID I EXECUTIVE SESSION SANTA CLARA WIDENING CONTRACTOR 25 :0172 8210 AND 8230 OF THE CITY OF ARCADIA PLUMBING CODE SET FORTH IN ARTICLE VIII, ADOPTING THE UNIFORM PLUMBING CODE 1979 EDITION, AND WITH CHANGES, ADDITIONS, AND DELETIONS THERETO AND FINDINGS THEREFOR, REPEALING SECTIONS 8230.1 AND 8230.2 AND READOPTING SECTIONS 8230.7 AND 8230.8." It was MOVED by Councilman Haltom, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1711 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The City Attorney presented, explained the content and read the title of Resolution No. 4921 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING FEES FOR PLUMBING PERMITS." I It was MOVED by Councilman Haltom, secmded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4921 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows the claim of Temple Shaarei Tikvah (Foothill Jewish Temple) was rejected. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows the claim of Leslie A. Waite was rejected. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb On MOTION by Councilman Haltom, secnded by Councilman Dring and carried on roll call vote as follows the claim of the Teachers Insurance and Pamela Warren was rejected. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The Director of Public Works advised that the report on the sewer system is not exactly on schedule ---but hoped to have it completed by the latter part of December. Commended staff, police and fire departments on their perseverence during the recent fires in nearby areas in an endeavor to be ready should the fire break through to Arcadia. I Referred to the Bonita Park Baseball Field on which some of the citizens are working and asked if staff would check to see if the White's Landscape might be able to assist in this endeavor. The City Council entered an executive session. Reconvened. It was MOVED by Councilman Saelid, seconded by Councilman Haltom to ratify the action of the Director of Public Works, taken on September 24, 1980, to expend $9,759 by prepaying it to We City's Santa Clara Street widening -8- 11-18-80 ADJOURNMENT November 25 7 p. m. I I 25:0173 contractor, CroWell and Larson, for the installation of con-current improve- ments abutting the property of Maidie T. Bong in compliance with the judg- ment entered in the action for the Santa Clara Street right-of-way. Motion carried on the following roll call vote: AYES NOES ABSENT: Councilmen Haltom, Saelid, Pellegrino Councilman Dring Counc ilman Gilb Councilman Saelid MOVED to adjourn the meeting in memory of former Police Captain Eric Topel who passed away on November 14. "Eric joined the City as a police officer in 1939, some may recall he retired as a Captain in July 1977. Eric was on a fishing trip in Mexico. He was doing the kind of thing he really enjoyed most, I think. I knew Eric as a friend. I knew him as an officer. I am sorry that he did not have more years to enjoy his retirement, but the years that he did have he certainly did en- joy. We extend our sympathy to his family, Helen and his two sons, Bob and Jack." The meeting adjourned to 7 p.m. November 25, 1980 in the Conference Room. ATTEST: {J;~~~ City Clerk rfl~/~~~o Mayor -9- 11-18-80