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
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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
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,
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
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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
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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
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/
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
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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
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5-16-78
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