HomeMy WebLinkAboutMAY 2,1978_2
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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INVOCATION
PLEDGE OF
ALLEGIANCE
ROLLCALL
MINUTE
APPROVAL
HEARING
TEXT AMENDMENT
(SIGNS)
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HEARING
(Mod if ica tion
Louise Av)
APPEAL
DENIED
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MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
MAY 2, 1978
The City Council of the City of Arcadia, California, met in regular
session on Tuesday, May 2, 1978 at 7:30 p.m. in the Council Chamber
of the Arcadia City Hall.
Father Cornelius Phelan, Holy Angeles Church
Councilman Saelid
PRESENT:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
On MOTION by Councilman Gilb, seconded by Councilman Pellegrino and
carried unanimously the minutes of the regular meetings of April 4
and IB, 1978 were APPROVED.
Planning Commission Resolution 1042 recommending approval of a text
amendment regulating the size of wall and projecting signs in
commercial zones. The Commission finds that this amendment to the
Arcadia Municipal Code would provide a more equitable means of
determining signing for a business and the public necessity,
convenience, general welfare and good zoning justify this amendment.
Mayor Parry declared the hearing open and no one desiring to be heard
the hearing was CLOSED on MOTION by Councilman Saelid, seconded by
Councilman Margett and carried unanimously. It was felt that this
amendment will solve some of the problems which have been encountered
and it was MOVED by Councilman Saelid, seconded by Councilman Gilb
and carried on roll call vote as follows that the recommendation be
APPROVED and that the City Attorney prepare the appropriate ordinance.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
\
J
Appeal from Planning Commission's denial of a modification request
for a proposed commercial development at 2637 Louise Avenue (northeast
corner of Louise and Live Oak Avenue). The Commission was concerned
that the development of this Lot 8 separate from Lot 9 would create
a commercial site of Lot 9 which fronts on a residential street.
Ordinance No. 1181, adopted in 1962, requires Lots 8 and 9 to be
developed as one building site. They are not under the same ownership
\ and Lot 9 is now developed with a house and garage. The rear of this
,'Lot 9 is used for parking by the Pie King Restaurant. Permission
was granted for this particular use in 1967 and it was for a three
year period.
Mayor Parry declared the hearing open and the applicant, Robert Metz,
1543 W. Garvey, West Covina, explored his plans for the corner. His
office building would face Live Oak and would cost in the neighborhood
of $550,000. He submitted further in part that all efforts to
acquire Lot 9 have failed inasmuch as the property is in trust for
the heirs of the owner and that in his opinion '~~t 9 would never be
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available for consolidation with Lot 8 for development as one site.
He asked that this lot be permitted to develop separately,
Arnold Sunshine, 228 Allen Way, Arcadia, real estate agent for
Mr. Metz, said in part that Lot 8 is now in escrow and that he too
could see no way in which Lot 9 could ever be acquired.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Margett, seconded by Councilman Saelid and carried unani-
mously. It was the consensus of the City Council that to grant this
appeal would compound the problem with a commercial frontage on
Louise Avenue and new setback requirements which are now being
established would have to be waived for the proposed project. It
was also noted that the Planning Commission has asked staff to I
initiate a zone change from commercial to residential for Lot 9
which fronts on Louise Avenue. Whereupon it was MOVED by Councilman
Saelid, seconded by Councilman Gilb and carried on roll call vote as
follows that the recommendation of the Planning Commission be
sustained and that the appeal be and it is hereby DENIED.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
AUDIENCE PARTICIPATION
~~/
~~;l
r bONDITIONAL
USE PERMIT
(Restaurant) /'
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WORK (-', 10 '
ACCEPTANCE
(Sooy Co.)
JOINT PCW:RS
AGREEMENT
(FIRE) [? ~
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CONTRACT
AWARD (Traffic
Signa 1
Modification)
Herb Fletcher, 175 W. Lemon Avenue, referred to an article in the
press stating that if Proposition 13 passes there will be several
County Fire Stations in the area closed. !Ie suggested that Council
think about discussing with Temple City the possibility of extending
fire service to that City. Temple City currently contracts with the
County for its police and fire services. He' felt the arrangement
might be advantageous to both agencies.
William Martin, 602 W. Naomi Avenue, spoke in opposition to any zone
change on the north side of Naomi between Lovell and Baldwin Avenues.
This matter is currently before the Planning Commission and will be
submitted to the City Council in a few weeks. Mr. Martin was informed
that any zone change requires a public hearing before the City
Council and he will be advised of the date.
CONSENT ITEMS AS 'LISTED ON THE AGENDA WERE APPROVED ON MarION BY
Councilman Gilb, seconded by Councilman Margett and carried on roll
call vote following the item listing:
Planning Commission Resolution No. 1047 granting a conditional use
permit to expand an existing restaurant at 249-249~ E. Foothill
Boulevard subject to conditions set forth in said resolution.
ACCEPTED and AUTHORIZED final payment in the work performed by Sooy
Construction Company in the reconstruction of Baldwin Avenue,
Camino Real to Las Tunas Drive (FAU PROJECT NO. M-L 365(2) 07-LA-0-Ada.
I
AUTHORIZED participation in the preparation of a study of a Joint
Powers Regional Fire Protection Program (report dated April 27, 1978).
During this consideration some discussion held on the economics of
such an expanded protection and the City Manager said in part that
the whole purpose of the study i~ to define what the costs would be
for providing various levels of service.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
,
The City Council received the results and recommendation for the award
of contract for traffic signal modification on Huntington Drive between
5-2-78
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D' 14."-'.
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RESOLUTION
-NO. 4739
adopted
(Billings
Retirement)
WATER
PURCHASE
APPROVED
1,\0
(d
I
~ iQUIPMENT
PURCHASE
APPROVED
(Boiler)
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23:9512
Holly and Michillinda (Job No. 452). The Director of Public Works
explained that the low bid was in excess of the Engineer's estimate
and that alternates based on deletions were considered and he
submitted available options. He felt the recommended deletions
would in no way jeopardize the efficiency of the operation. During
this consideration the representatives of Steiny & Company responded
in detail to questions concerning the technicalities of the project.
It was MOVED by Councilman Margett, seconded by Councilman Gilb and
carried on roll call vote as follows that a contract in the amount of
$269,400 be awarded to Steiny & Company for the work based on
Alternate "B" less deletions as recommended by staff in its report
dated May 2, 1978 and that the sum of $400,000 be appropriated from
State Gas Tax Funds to cover the cost of construction, engineering,
inspection and purchase of a master computer; that all informalities
or irregularities 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. This project is estimated to be
completed by September 1978 with the computer installed later.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
Due to complications from injuries received while on duty it was
recommended that the City Council approve Police Officer William R.
Billings industrial disability retirement. The City Council expressed
regret in the loss of Mr. Billings. Whereupon the City Attorney
presented, explained the content ,and read the title of RESOLUTION
No. 4739 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA APPROVING THE APPLICATION OF WILLIAM R. BILLING FOR DIS-
ABILITY RETIREMENT AND FINDING THAT HE IS INCAPACITATED TO PERFORM
HIS DUTIES AS POLICEMAN."
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 that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
The City Council was advised of an offer from the City of Sierra
Madre for the City to purchase a maximum of 500 acre feet of water
in the Eastern Unit of the Raymond Basin for the fiscal year 1977-78
at the rate of $38 per acre foot. It was noted in the report dated
April 24, 1978 that it is to the City's advantage to purchase this
water whenever possible as a savings can be realized by using this
water instead of pumping from the San Gabriel Basin. Similar
agreements have been entered into in the past and there are
sufficient funds in the proposed 1978-79 Water Division Budget.
It was MOVED by Councilman Margett, seconded by Councilman Gilb and
carried on roll call vote as follows that the City purchase up to
500 acre feet of water from Sierra Madre for the fiscal year 1977-78
and that the Mayor and City Clerk be authorized to execute the
agreement in form approved by the City Attorney.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
Due to the condition of a 20 year old hot water boiler which provides
heating for the annex building it was MOVED by Councilman Pellegrino,
seconded by Councilman Saelid and carried on roll call vote as follows
5-2-78
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CONDITIONAL
USE PERMIT
CONDITIONS
149 La Porte
ORDINANCE
NO. 1626
ADOPTED
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.
ORDINANCE
NO. 1627
ADOPTED
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23: 9513
that a purchase order be issued to R. L. Bunch Company for the
installation of an Ajax WG-400 Copper Tube Boiler; that an
appropriation of $4,260 be made from Capital Improvements for this
purpose.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
Conditions of approval of a conditional use permit for the operation
of a general auto repair garage and towing service at 149 La Porte
Street were set forth in a report from the Planning Department.
Those which have not been complied with were discussed with the
owner-operator who submitted in part that due to the inclement
weather conditions he felt they had done quite well; that the house
was demolished as required and the foundation has now been removed.
He has yet to file for the lot consolidation which he intends to do
within the next week. In response to questions about repair work
being done on the outside he said in part that his work is being done
inside the building and that it is possible the repair work done by
neighbors could be misconstrued as his. He hoped to have the storage
of cars resolved soon.
I
Discussion ensued on adherence to the conditions which have not been
complied with - and it was felt by Council that some leeway might be
granted with relation to any minor work done on the outside - such as
checking a car out - battery check or filling a radiator for instance.
It was felt that this should be defined.
In response to when the lot would be surfaced and striped Mr. De Pietro
said as soon as a contractor can do the work - that all contractors
are so busy now and are back in their work anywhere from two to six
months.
It was MOVED by Councilman Saelid, seconded by Councilman Margett
and carried on roll call vote as follows that the report be accepted
and that staff follow up in ninety days with a status report to
Council as to activities and compliance.
AYES:
NOES:
Councilmen Margett, Saelid, Parry
Councilmen Gilb, Pellegrino (Councilman Gilb favored a
longer period for compliance.)
ABSENT: None
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1626 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTION 9233.8
OF THE ZONING ORDINANCE TO REZONE THE SOUTH 162.4 FEET OF 12-54 EAST
FOOTHILL BOULEVARD FROM R-3P TO C-2."
It was MOVED by Councilman Saelid, seconded by Councilman Margett
and carried on roll call vote as follows that the further reading of
the full text be waived and that the same be ADOPTED.
I
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1627 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTION 9233.7
OF THE ZONING ORDINANCE TO REZONE 250 WEST COLORADO BOULEVARD FROM
R-3 TO C-O."
It was MOVED by Councilman Pellegrino, seconded by Councilman Margett
5-2-78
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I
ORDINANCE
NO. 1628
ADOPTED '
"
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ORDINANCE
NO. 1629
INTRODUCED
ORDINANCE
NO. 1630
INTRODUCED
I "''LOT'"
NO. 4744
ADOPTED
Marquee West
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23-9514
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and carried on roll call vote as follows that the further reading of
the full text be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1628 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA AMENDING THE C-O, C-l AND C-M SECTIONS OF THE
ARCADIA MUNICIPAL CODE RELATING TO BUILDING HEIGHTS, REAR YARD AND
SIDE YARD SETBACKS."
It was MOVED by Councilman Margett, seconded by Councilman Gilb
and carried on roll call vote as follows that the further reading of
the full text be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino,
None
None
Saelid, Parry
The City Attorney presented for the first time, explained the content
and read the title of Ordinance No. 1629 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA AMENDING SECTION 6429.2.1.2 OF THE ARCADIA
MUNICIPAL CODE PERTAINING TO INSURANCE COVERAGE REQUIREMENTS FOR
TAXICABS. "
It was MOVED by Councilman Gilb, seconded by Councilman Margett 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, Margett, Pellegrino, Saelid, Parry
None
None
The City Attorney presented for the first time, explained the content
and read the title of Ordinance No. 1630 entitled: '~N ORDINANCE OF
THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTIONS 4112.1,
4113.5, 4124.2.2, 4124.2.5, 4124.4, 4124.4.2 AND 4133.6 AND REPEALING
SECTION 4124.4.1, CHANGING ANIMAL CONTROL OFFICE HOURS, INSPECTION
PROCEDURE, LICENSE FEES, VETERINARIAN FEES, AND LIVESTOCK FUND
CLAIM PROCEDURE."
It was MOVED by Councilman Pellegrino, seconded by Councilman Margett
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, Margett, Pellegrino, Saelid, Parry
None
None
The City Attorney presented, explained the content and read the
title of Resolution No. 4744 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA REVOKING CONDITIONAL USE PERMIT 77-26
FOR AN ENTERTAINMENT FACILITY AT 30 SOUTH FIRST AVENUE."
It was MOVED by Councilman Margett, seconded by Councilman Saelid
and carried on roll call vote as follows that the further reading
of the full text be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Gilb, Margett, Pellegrino, Saelid, Parry
None
None
5-2-78
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"
,
DECLARATION
(PELLEGRINO)
ARA (CONFLICT
OF INTEREST
CODE) MAY 16
SAELID
MARGETT
PELLEGRINO
SAEL ID
MARGETT
PELLEGRINO
23:9515
Councilman Pellegrino made the following statement for the record:
"I, DONALD D. PELLEGRINO, HEREBY DECLARE THAT I AM THE OWNER OF
RESIDENTIAL INCOME PROPERTY LOCATED AT 129, 135, 139 ALIA STREET,
ARCADIA, CA., IN THE ARCADIA REDEVELOPMENT PROJECT AREA."
Be it noted herein that the Arcadia Redevelopment Agency will hold
a public hearing on its Conflict of Interest Code at 7:30 p.m.
May 16, 1978.
Noted that recently while walking some of the new sidewalks he
observed that periodically he encountered a fire hydrant right in
the middle of the sidewalk and that some had protruding sharp
edges. With Council's concurrence he would like staff to prepare
a study with a projection of costs and time schedule for the
relocation of such hydrants within the public right-of-way or in
the median where feasible.
I
Suggested that staff also look into the locations where there are
power poles with guy wires reaching to a residence and perimeters.
He noted one location in particular - that at the northeast corner
of Live Oak and El Monte.
Commented in part that he would like the study to include parking
signs which are not high enough for a bicycle rider to go under and
noted one such location near the freeway on Santa Anita.
Referred to the islands recently installed on Old Ranch Road in an
endeavor to solve traffic problems and asked how effective the
islands have been. He would like staff to report back after
discussing the matter with those residing in the area and if it is
found that it is a good solution he would then like to see a proposal
in terms of the Capital Improvement Program with emphasis on con-
structing some kind of a permanent device at that location.
Referred to the business licensing procedure and suggested that
when a new business license is applied for that those new businesses
be made aware of any Municipal Code sections applicable to their
particular kind of business. That those sections be accompanied
with a disclaimer to the effect that any other types of businesses
which may be conducted may not be covered in the code sections which
have been furnished. He said in part that this would undoubtedly
increase the work load and that the business license fee could be
increased' to accommodate that kind of additional service by the City.
The City Council agreed in concept and the City Manager will furnish
a report on the feasibility of this.
Referred to the Newsrack ordinance and felt there are some locations
which should be checked for compliance. The City Manager advised in
part that staff is working on this and a report will be forthcoming.
I
Commented that he has received favorable responses on the result of
the stop signs installed at Arbolada and San Carlos. He also sub-
mitted for consideration the possibility of installing back-to-back
stop signs at First Avenue and Wheeler Street in an endeavor to
alert motorists to the stop sign ahead.
As liaison to the Youth Commission he advised on the probable
increase in the cost per student to attend the Junior Statemens'
Foundation at which high school students learn about government and
how bills become laws. More data will be forthcoming.
5-2-78
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GILB
I~~IT
PARRY
GILB
ADJOURNMENT
TO DATE
CERTAIN
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23:9516
Referred to the finance formula for the boards andlor commissions
and said in part that some do not have sufficient funds to operate,
i.e., the Arcadia Beautiful Commission in particular. The City
Manager said in part that budgeting is the prerogative of the City
Council and that in all probability the Council liaison will bring
this to the Council in due time.
Submitted that in spite of all of the hearings held on the lighting
of the tennis courts at the Baldwin Avenue reservoir because it would
be an invasion of privacy of those residing on Gloria Road he noticed
a large tennis court on Gloria Road lighted up every night and this
is a concern to the neighbors.
Advised that Harry Lauber who is in the hospital is doing much better
and expected home soon. Also that LeRoy Spiers is in the hospital
with a heart condition.
In response to a question the Economic Coordinator advised that the
deposit made in connection with an agreement to negotiate the sale
of property at 111-125 W. Huntington Drive had been returned to the
depositor.
Advised of the inconvenience to a local resident at a location where
a television crew was filming a commercial in a residential area. The
City had issued a permit, however, the noise from the generators
started about 5 a.m. and continued until about midnight. Although
this doesn't occur often he felt some protection should be afforded
the residents when it does
In response to an inquiry about insurance on these occasions the
Finance Director advised that his department is preparing a report
with recommendations; that insurance is rarely required however most
cities do require a fee from the television company when the City
provides police andlor fire assistance.
At 9:30 p.m. the meeting adjourned to May 3 at 3 p.m. in the
Conference Room. The primary purpose of this meeting will be to
begin review of the budget by departments.
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City Clerk
5-2-78
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