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HomeMy WebLinkAboutMAY 2,1978_2 : CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLLCALL MINUTE APPROVAL HEARING TEXT AMENDMENT (SIGNS) (J~ ~~/\ ~ ~ ./ I HEARING (Mod if ica tion Louise Av) APPEAL DENIED 'e' I I f I ' I D j) , 23:9510 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 5-2-78 - 1 - 23: 9511 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) /' ('I .\ WORK (-', 10 ' ACCEPTANCE (Sooy Co.) JOINT PCW:RS AGREEMENT (FIRE) [? ~ J" f1i-\-.\c... r', b r:' 12~(" 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 - 2 - . I D' 14."-'. -11'- . RESOLUTION -NO. 4739 adopted (Billings Retirement) WATER PURCHASE APPROVED 1,\0 (d I ~ iQUIPMENT PURCHASE APPROVED (Boiler) :.: -<.., '-; . ":.~ I r 1 -... ',' 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 - 3 - CONDITIONAL USE PERMIT CONDITIONS 149 La Porte ORDINANCE NO. 1626 ADOPTED P 1VI.;II!'{ , '"' . ORDINANCE NO. 1627 ADOPTED ') 1,-1' J ~ ' If/ i'.:I I 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 - 4 - :t. I ORDINANCE NO. 1628 ADOPTED ' " I~ (~l I r,I' ORDINANCE NO. 1629 INTRODUCED ORDINANCE NO. 1630 INTRODUCED I "''LOT'" NO. 4744 ADOPTED Marquee West , p f" ~u I \'\ V' 0" 23-9514 ~ 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 - 5 - . " , 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 - 6 - GILB I~~IT PARRY GILB ADJOURNMENT TO DATE CERTAIN I \ 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. ~~L~~~ City Clerk 5-2-78 - 7 -