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HomeMy WebLinkAboutMAY 16,1978 (2) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATI07N (FOOTBALL LEAGUE) SISTER CITY VISITORS FR:;OM NEWCAS TLE , AUSTRALIA I HEARING (commercial vehicle parking) APPROVED I)' t , . ,I , \& 23:9522 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 16, 1978 The City Council of the City of Arcadia, California, met in regular session on Tuesday, May 16, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. ,Bishop Bruce Ballard, Church of Jesus Christ of Latter-Day Saints Councilman Pellegrino PRESENT: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry Councilman Gilb On MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried unanimously Councilman Gilb was excused. On MOTION by Councilman Margett, seconded by Councilman Saelid and carried unanimously the minutes of the regular meeting of May 2, and the adjourned regular meetings of May 2, 3, 9 and 11, 1978 were APPROVED. Gordon Billing, representing the Jr. All-American Football League, introduced Woody Holmes, Coach, and Brad Billing and Kevin Rooker who presented two trophies which the Team had won - one for champi- onship and one for scholarship. Mayor Parry accepted the trophies on behalf of the City Council, expressed appreciation and congratulated the boys on their scholarship standings which make it possible to participate in ,the sport. Mayor Parry introduced David Lister and Max Fiddler from Newcastle, Australia (Arcadia's Sister City) who are visiting the City. They are members of the Newcastle Sister City Commission. A Resolution was presented to the City and read in full by Mr. Lister. Mayor Parry expressed appreciation and welcomed them to the City. Arcadia Sister City Commission members Rosemary Scott and Jack Barnes were introduced. The Planning Commission by Resolution No. 1045 recommended a text amendment to regulate the parking of commercial vehicles in residential areas. It was submitted that this regulation would prohibit any vehicle exceeding 3 tons in unladen gross weight from being parked or left standing between the hours of 12 a.m. midnight and 4 a.m. of any day on any part of any property zoned or used for residential purposes. Mayor Parry declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Margett, seconded by Councilman Saelid and carried unanimously. It was the consensus of the City Council that this prohibition will discourage large commercial vehicles from parking in the residential areas and will correct a deficiency in the Arcadia Municipal Code. It was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that Council approve and file the Negative Declaration and find that the project'will not have a significant effect on the environment; that the recommendation be 5-16-78 - 1 - HEARING (LIGHTING- LAUREL A V) ~ ~ I ("~ ~ 23:9523 APPROVED and that the City Attorney prepare the appropriate document to effect this regulation. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Earlier this year the City Council received a petition for street lighting on Laurel Avenue between Second and Northview Avenues which area does not have any street lighting. The lights would be mercury vapor on ornamental posts with underground light circuitry. It was noted by the Director of Public Works that 25% of the cost of the installation would be borne by the abutting property owners and in time they would be annexed to the Consolidated Lighting Maintenance District in which case they would pay 100% of the cost of power and maintenance. It was noted that only one property owner of the 26 involved will not pay his share of the cost of installation on a cash basis. It was recommended that the Short Form of the 1911 Assessment District Act be utilized. . I Mayor Parry declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Margett, seconded by Councilman Saelid and carried unanimously. It was further MOVED by Councilman Margett, seconded by Councilman Saelid that any objections be overruled and that the project proceed in accordance with the Improvement Act provisions and that the Director of Public Works advertise for bids for the work upon expiration of the required 60 day waiting period. AYES: NOES: ABSENT : Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb TRACT Planning Commission recommendation concerning the tentative map of NO. 34962 Tract No. 34962 which proposes to create an 8 unit condominium at Tentative 855-859 Arcadia Avenue subject to conditions set forth in the staff Map APPROVED I report dated May 16, 1978. It was MOVED by Councilman Margett, ~ 1;1." seconded by Councilman Parry and carried on roll call vote as follows Dr 1[. that Council approve and file the Negative Declaration and find that Ii t V It the project will not have a significant effect on the environment; V' /n -i I find that the tract is consistent with the General Plan and that the /('" ,r-I' waste discharge from the tract will not result in a violation of the I ~ I existing requirements set forth in the Water Code and that the Director of Public Works be authorized to approve the subdivision agreement for said tract. CONDITIONAL USE PERMIT (16 3/4 E. Huntington) APPROVED /) ,I l ~l:: ,\ , AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Planning Commission Resolution 1048 granted a conditional use permit I to expand an existing restaurant at 16 3/4 E. Huntington Drive. It was noted by the Planning Director that the site is adequate in size and shape to accommodate the use including all yards, parking, loading, landscaping and other features required to adjust the use with the land and uses in the neighborhood. Conditions of approval were reviewed in detail and one required that the hours of operation be restricted to 11:30 a.m. to 10 p.m. Sunday through Thursday and 11:30 a.m. to 11 p.m. Friday and Saturday. This condition met with the approval of the neighbors who have been concerned with the noise from the former establishment. Although the facility will not have the required parking spaces the Planning Commission felt a modification should be granted to approve 5 parking spaces in lieu thereof. A deficiency in this area has been present for a number of years. The parking available in the Parking 5-16-78 - 2 - I BONITA PARK BASEBALL DIAMOND (LIGHTING) Study Approved (: %1 PARKING PLACE COMMISSION CONFLICT OF INTEREST CODE ~ I RECESS "",:,-..." .... 23:9524 District on the north side of Huntington Drive is being used by some of the patrons. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that the Conditional Use Permit be approved subject to all conditions set forth in Resolution No. 1048. AYES: NOES: ABSENT : Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Council received the recommendation of the Parks and Recreation Commission that a study be made of the possibility of replacing the lights at the Bonita Park Baseball Diamond. It was submitted by the Recreation Director that the lighting is in need of improvement. The City Council concurred in the study and Councilman Saelid commented that once the new lighting is installed that in his opinion the users should bear the expense incurred by . the use of the lights. MOTION by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that staff be . directed to conduct a study of the feasibility of replacing the lights at the Bonita Park Baseball Diamond. . AYES: Councilmen Margett, Pellegrino, Saelid, Parry NOES: None ABSENT: Councilman Gilb The City Council received the communication from the Parking Place Commission asking for reconsideration of the requirement to file Disclosure Statements. It was noted that the Commission is required to make such disclosure for the reason that membership on the Commission requires the ownership or leasehold interest in property comprising the Parking District and thus Commissioners are required by these qualifications for membership to have a conflict of interest. It was submitted by the Commission that it has heretofore only acted in an advisory capacity to the City Council. The City Attorney explained that Proposition 9 exempts commissions from adopting conflict codes when they serve a solely advisory function and that because of the broad non-reviewable powers granted the Commission under the Parking District Law of 1943, the Commission should not be classified as solely advisory to the City Council even though these powers have not been exercised. In some respects it was noted that the Commission's powers are greater than those of the Planning Commission. In a recent Court of Appeal decision the Court noted the FPPC's denial of an exemption to a State Executive Advisory Commission holding the Commission was not solely advisory. The City Attorney advised that the City Council could request an FPPC opinion whether the Commission is exempt. The City Council felt because inherent conflicts are required of Commission members, and in light of the legal aspects, the Commission should have a conflict of interest code. The request was therefore received and filed. At 8:50 p.m. the City Council adjourned Arcadia Redevelopment Agency. At 9:05 and the City Council reconvened. in order to act as the p.m. the meeting adjourned AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, reiterated a previous suggestion that the City Council study the possibility of having the State Law amended so that the Gas Tax funds may be used by the City as it sees fit and not limit it to just streets and/or traffic improvements. He also suggested that awards of contracts as reflected in the agenda for this meeting might be delayed until the outcome of Proposition 13 and to see whether or not these funds could be released to a General use. The Director of Public Works responded 5-16-78 - 3 - CONSENT ITEMS ( HEARINGS SCHEDULED ZONE CHANGE JUNE 20 /BUDGET JUNE 6 / jREVENUE SHARING June 6 / jCONDITIONAL USE PERMIT WORK II t j J ACCEPTANCE (Dyno Cons t. ) FIREWORKS, , : ~1(1 / DANCE PERMIT 850 S. Baldwin APPROVED I AGENDA ITEM HELD OVER JUNE 6 /ROLL CALL ON CONSENT ITEMS CONTRACT AWARD FOOTHILL BL. MED IAN LANDSCAPING , .' ~ I " , " . I ,j 23:9525 briefly stating in part that the Streets ana Highways Code of the State control the manner in which these funds may be used and they cannot be used as general funds. James Glass, 706 S. Old Ranch Road, stated in part that the residents do not have sufficient police protection and felt that the Fashion Park Mall situation takes a great deal of the time of the police officers. He felt the City needs more police officers and said in part that the residents do not have vacation surveillance anymore. In response to a question Mr. Glass said he had talked with Chief Mitchell about the situation. On MOTION by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote (reflected at the end of this item) the following CONSENT ITEMS WERE APPROVED. I Planning Commission Resolution 1049 recommending a zone change from R-l, PR-l and R-2 to c-o for 671 Naomi Avenue to the northwest corner of Naomi and Lovell including 1307-1315 Lovell. HEARING JUNE 20. Hearing set for June 6 on the proposed 1978-79 budget. Hearing set for June 6 for consideration of utilization of the General Revenue Sharing funds for 1978-79. APPROVED the conditional use permit for an existing nursery and proposed offices at 145 - 150 E. Live Oak Avenue. (Res. No. 1050). Accepted work performed by Dyno Construction Company in the sidewalk construction project Job No. 458 and authorized final payment in accordance with the terms of the contract. WAIVED the business license fee in connection with the sale of fireworks by the American Legion Post No. 247. Public liability and property damage insurance to be filed with the City Clerk. Request for a dance permit at Sal Sinatra's Restaurant, 850 S. Baldwin Avenue. Requirements were set forth in the staff report. The agenda item concerning the request of the County Health Systems Agency for support of its designation as the Certificate of Need Review Board (CON) for the County was held over. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Staff submitted the results and recommendation concerning the bids received for the landscaping of the median in Foothill Boulevard. It was MOVED by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote as follows that the contract be awarded to the low bidder, Duke's Landscaping Service, in the amount of $79,510; that all other bids be rejected; that all informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney - funds in the amount of $110,000 to be appropriated from State 'Gas Tax funds. During this consideration it was noted that the project is to be included in the 1978-79 budget as part of the landscape maintenance contract of White's Landscape Service for the amount of $600 per month. I AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb -' . 5-16-78 - 4 - , , Pursuant to instructions from the City Council the Engineering staff contacted residents on Old Ranch Road in the vicinity of the traffic islands to ascertain their opinion relative to the conditions since the islands have been in place. Eight were in favor of retaining the islands and four felt they should be removed. Those who felt they should be removed complained of increased speeding rl~due to channelization resulting from the islands and the double 1f--'\(- yellow lines at the intersection. Joseph Glass, 706 S. Old Ranch Road, stated in part that he would not like to see the City make an expenditure for the permanent structure as in his opinion they are not as effective as had been hoped. He cited occasions when he has observed "donuts" and specifically referred to increased speeding and that the area is used as a youth congregation point. He felt the problems outweigh the advantages. CONTRACT AWARD PHASE II llALOO'IN AVENUE IMPROVEMENT r', j'Joq,f I OLD RANCH TRAFFIC ISLANDS ROAD (J d- I 'REGULATIONS FUMING TV RADIO ETC. !''<\ . ..-~w ;".. . ''1. 23:9526 Staff submitted the results and recommendation concerning bids re- ceived for the reconstruction of Baldwin Avenue Phase II - from Camino Real to Las Tunas (Job No. 469) FAU PROJECT M-L365(4) 07-LA-0-Ada LA-DOT(H) 5-78-866. Funding for this project is 83% from Federal Aid Urban funds and 17% from the City's State Gas Tax Funds. It was MOVED by Councilman Margett, seconded by Councilman Parry and carried on roll call vote as follows that the contract be awarded to the 'low bidder, Griffith Company in the amount of $203,344; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney after receipt of approval from the Federal Highway Administration. Funds in the amount of $50,000 to be appropriated from State Gas Tax funds to cover the City's In. share of the cost of engineering, inspection and construction. During this consideration Councilman Saelid observed in part that he would hope this project could be completed as soon as possible. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Bob Green, 500 S. Old Ranch Road, also said he has seen "donuts" and felt the islands do not serve any purpose... that the traffic problem is basically due to speed which is so dangerous; also the use of skateboards downhill could run into speeding vehicles. In conclusion he observed in part that if the residents residing on the street and who would benefit from the islands want them perhaps they would be willing to pay for them. Councilman Saelid recalled that he had asked for this report for the purpose of making provision in the Capital Improvement Budget in the event the City Council decided to make this a permanent structure; that the project could always be deleted prior to the adoption of the Capital Budget if Council is convinced at that time that they are not going to be beneficial. He would also like an opportunity of discussing it with some of the residents before any final commitment is made. It was the consensus of the City Council that a public hearing should be held before any expenditure authorization. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that staff be directed to make provision for the islands in the Capital Improvement Program which could be deleted if the City Council becomes convinced they are not solving the problem. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Pursuant ~o_the request of the City Council concerning regulations of filming television and radio productions in the City, staff 5-16-78 - 5 - / ORDINANCE/ NO. 1629 ADOPTED ORDINANCE I NO. 1630 ADOPTED ORDINANCE NO. 1631 INTRODUCED RESOLUTION I NO. 4745 ADOPTED 23:9527 submitted recommendations setting forth fees and regulations therefor. Item "j" of the conditions requires that a fireman and a police officer be on duty during any filming with the total cost of personal services to be borne by the licensee. The City Council directed that this be subject to the approval of the City Manager. On the basis of data obtained from other cities a fee of $150 per day or fraction thereof was recommended and any waiver of such fees would require action of the City Council. Insurance requirements in the use of City facilities, property or personnel were also included in the staff report. Discussion ensued and Mayor Parry explained what had brought this about ---- that of traffic congestion, inconvenience and noise from generators operating from early morning until late at night when television commercials were being filmed recently in a residential area. I It waS MOVED by Councilman Margett, seconded by Councilman Saelid and carried unanimously that the City Attorney prepare a proposed ordinance and submit to Council for further consideration. The City Attorney presented for the second time, expla ined 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 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. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid! Parry None Councilman Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1630, entitled: "AN 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 PROCEPURE, LICENSE FEES, VETERINARIAN FEES, AND LIVESTOCK FUND CLAIM PROCEPURE." It waS MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text be waived and that ths same be ADOPTED. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1631, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTIONS 9262.4.4.D AND 9262.4.5.D OF THE ARCADIA MUNICIPAL CODE RELATING TO WALL AND PROJECTING SIGNS." I 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 INTRODUCED. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented, explained the content and read the title of Resolution No. 4745, entitled: "A RESOLUTION OF THE CITY 5-16-78 - 6 - I RESOLUTION NO. 4746 ADOPTED (' "J ~.; c I.;.:' EXECUTIVE SESSION ADJOURNMENT TO DATE CERTAIN I ;.' 23:9528 COUNCIL OF THE CITY OF ARCADIA UPHOLDING THE DECISION OF THE PLANNING COMMISSION ON APPEAL AND DENYING M78-35 for 2637 SOUTH LOUISE AVENUE." It was MOVED by Councilman Margett, 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 Margett, pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented, explained the content and read the title of Resolution No. 4746 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA FINDING URGENT NECESSITY FOR THE PRESERVATION OF HEALTH AND PROPERTY TO LET A CONTRACT AND PURCHASE SUPPLIES FOR MODIFICATION OF THE CITY OF ARCADIA TRAFFIC SIGNAL SYSTEM AND MEDIAN RECONSTRUCTION ON HUNTINGTON DRIVE BETWEEN MICHILLINDA AVENUE AND HOLL Y AVENUE." It was MOVED by Councilman Margett, 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: AB SENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb At 9:45 p.m. the City Council entered an executive session. At 11:25 p.m. the meeting adjourned to June 6, 1978 at 7 p.m. in the Conference Room. Mayor :i:d1J<~7JA{ ~/XM\ City Clerk --- 5-16-78 - 7 -