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HomeMy WebLinkAboutDECEMBER 5,1978_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL OATH OF OFFICE ADMINISTERED MINUTE APPROVAL HEARING (Lighting Maintenance Dist. Annex 8 ./ I~' " ~ 1/ .' I HEARING E I R (Subdivision) ~) f'f- j,I 4 ' \\ 0 r V 23:9680 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 5, 1978 The City Council of the City of Arcadia, California, met in regular session on Tuesday, December 5, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Father Cornelius Phelan, Church of Holy Angels Councilman Saelid PRESENT: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry Counc ilman Gilb On MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried unanimously Councilman Gilb was EXCUSED. The City Clerk administered the Oath of Office to Mrs. Eileen Hubbard recently appointed to the Arcadia Beautiful Commission for a four year term. Councilman Margett, Council Liaison to the Commission, welcomed Mrs. Hubbard and presented her with credentials. On MOTION by Councilman Saelid, seconded by Councilman Margett and carried unanimously the Minutes of the Adjourned Regular Meetings of November 1, 15 and 21 and the Regular Meeting of November 21, 1978 were APPROVED. This is the time and place scheduled for hearing objections to the Consolidated Lighting Maintenance District Annexation No.8. The City Council had previously received the Engineer's Report which included drawings of areas to be annexed or transferred and are on file in the office of the City Clerk. An estimate of costs had also been included in the report. Resolution No. 4788 declared intention and fixed this date for the hearing. . 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 then MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the assessments to the various zones set forth in the report be and they are hereby CONFIRMED. A resolution ordering this annexation will be before the City Council at its next regular meeting (December 19.) Councilman AYES: Councilmen Margett, Pellegrino, Saelid, Parry NOES: None ABSENT:Gilb Time and place scheduled to consider the environmental impact report on a proposed hillside development north of the Foothills Junior High School. Any modifications and revisions were attached to a Resolution (No. 1071) adopted by the Planning Commission on a 5 to 0 vote with two Commissioners absent. Staff advised that the developer proposes to construct 21 residences and the first step is for Council to consider the EIR which is the only item before Council at this time, i.e., to consider the adequacy of the document as it complies with the State Environmental Quality Act and the City's Resolution No. 4727 (rules for the processing of environmental documents.) Mayor Parry declared the hearing open and the developer, Charles Bluth, advised in part that he intends to develop the entire parcel as well 12-5-78 - 1 - /' JOINT MEETING ARCAD IA REDEVELOPMENT AGENCY / HEARINC; (AMERICAN TITLE CO. RELOCATION) APPROVED (\ 1 ("1/ '1-1 Ii\ ,) ,\ r,t- ' 23:9681 as to establish his own home there.... 'the homes would be in the $250,000 and upward bracket. Responding to'a question about the grade on the private street he said it would be up to 15 percent for about 300 feet. The Director of Public Works submitted that if the project is approved there would be a requirement that all grading be supervised by a soils engineer. Mr. Bluth also stated in part that he would endeavor to leave the mountain terrain as natural as possible. Nick Pokrajac, 231 Carolwood Drive, stated in part that he is the owner of 26 acres to the east of the pro- posed subdivision (in Monrovia) and that he would like to see an overall plan for the development of the entire area. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Margett and carried unanimously. The Council reviewed the findings in the report, made some additions and revisions and in response to questions of Council Dr. Donald O. Asquith, Engineering Geologist and Geophysicist, stated in part that he was sur- prised at the lack of faulting in the granite rock of the subject area - that there was no evidence of the fault above Foothill Boulevard and he felt that the development would improve surface slides - that the area did well during the heavy rains this year. Mr. Asquith was acceptable to making the changes in the text of the report on Page 40 to read "the impact of the proposed project on hydrology and drainage and potential inst~bility of fill slopes can be mitigated to an acceptable level by measures dis- cussed in previous sections of the report." Mr. Asquith was commended on the data and preparation of the report. I Councilman Saelid MOVED to certify that the final environmental impact report as revised has been completed in compliance with the California Environmental Quality Act State EIR Guidelines and the City of Arcadia Resolution No. 4727, and further stipulated that this certification is valid for 36 months. Motion seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: Councilmen Margett, Pellegrino, Saelid, Parry None ABSENT: Councilman Gilb PRESENT: Members Margett, Pellegrino, Saelid, Parry ABSENT: Member Gilb " On MOTION by Member Saelid, seconded by Member Margett and carried unani- mously Member Gilb was excused. On MOTION by Member Saelid, seconded by Member Margett and carried unani- mously the minutes of the adjourned regular meeting of September 19 and the regular meeting of November 21 were approved. On MOTION by Member Margett, seconded by Member Pellegrino and carried unanimously the minutes of the adjourned regular meeting of November 15 were approved. Member Saelid abstained as he was absent at said time. . This is the scheduled hearing on the development proposal for property at 104 E. Colorado Boulevard by the American Title Company. Staff report dated November 16 sets forth the site description and that it has a General Plan designation of Commercial. The proposal is for an office building in conformity with the Redevelopment Plan as well as the General Plan. It was noted that the property own er is willing to sell and the proposed acquisition and disposition is at the fair market value as offered on the open market. In response to questions the Assistant to the City Manager said in part that there will be no cost to the City in the entire transaction; that the American Title Company itself will not handle the escrow proceedings; that the Agency became involved at the seller's request that it handle the acquisition and disposition of the property - not at American Title Company's request. I Chairman Parry declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Member Margett, seconded by Member Pellegrino and carried unanimously. The present proposal is for Lot Nos. 35 and 36, Block 82 of the Santa Anita Tract along with a very small part of Lot 34. It was submitted that if possible all of Lot 34 should be included as the entire pIDject would then be more suitable for the location. The members agreed that it would be a good use of the property. 12-5-78 - 2 - RESOLUTION ARA 49 ADOPTED I --" ,.. I tit fl 1-1 11q1/ /&-> RESOLUTION ARA 50 ADOPTED r' /1 ,II 1/_7) ,'J- 1 I CONTRACT AWARD Demo li tion 104 E. Colorado I F : jJnr Il q1-7--1 CONTRACT AWARD Demolition 418 E. Huntington & 11-15 S. Fifth r \ ~,-IA,,.\ '\. \ \ ,I, \'" 23:9682 It was MOVED by Member Saelid, seconded by Member Pellegrino and carried on roll call vote as follows that the Agency approve and file the Negative Declaration and find that the pr~ject will not have a significant effect on the environment and that authorization is hereby given to execute and implement the Disposition and Development Agreement - all set forth in the following resolutions: AYES: NOES: Members Margett, Pellegrino, Saelid, Parry None ABSENT: Member GUb Whereupon Agency Counsel presented, explained the content and read the title of Resolution ARA 49 entitled: "A RESOLUTION OF THE ARCADIA RE- DEVELOPMENT AGENCY MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY THE ARCADIA REDEVELOP- MENT AGENCY WITH AMERICAN TITLE COMPANY FOR THE SALE AND DEVELOPMENT OF 104 EAST COLORADO BOULEVARD IN THE CENTRAL REDEVELOPMENT PROJECT." It was MOVED by Member Margett, seconded by Member 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: Members Margett, Pellegrino, Saelid, Parry None Member Gilb The Agency Counsel presented, explained the content and read the title of Resolution ARA 50, entitled: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ARCADIA REDEVELOPMENT AGENCY PURSUANT TO A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY THE ARCADIA RE- DEVELOPMENT AGENCY WITH AMERICAN TITLE COMPANY FOR THE SALE AND DEVELOP- MENT OF 104 EAST COLORADO BOULEVARD IN THE CENTRAL REDEVELOPMENT PROJECT; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY AND THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. " It was MOVED by Member Margett, seconded by Member 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 as amended. AYES: NOES: ABSENT: Members Margett, Pellegrino, . None Member Gilb Saelid, Parry The Agency received the results and staff recommendation of the award of contract for the demolition and site clearance at 104 E. Colorado Boulevard to the low bidder. Whereupon it was MOVED by Member Margett, seconded by Member Pellegrino and carried on roll call vote as follows that the contract be awarded to the Goldbar Land Clearing and Wrecking Company in the amount of $3,300 provided that the Agency acquires title to the site and that all irregularities or informalities in the bids or bidding process be waived and that the Chairman be authorized to execute a contract in form approved by the Agency General Counsel; that $3,300 be appropriated from the deposits and proceeds from the sale of the site to the American Title Company and that the Executive Director be authorized to execute the necessary documents in form approved by the Agency General Counsel to provide for the funding and execution of the demolition contract. AYES: NOES: ABSENT: Members Margett, Pellegrino, Saelid, Parry None Member Gilb The Agency received the results and recommendation for the award of contract to the low bidder for the demolition and site clearance at 418 E. Huntington Drive and 11-15 S. Fifth Avenue. It was MOVED by Member Margett, seconded by Member Pellegrino and carried on roll call vote as follows that the contract be awarded to Maness Excavating and Grading, Inc., in the amount of $6,900; that all 12-5-78 - 3 - Adjournment 23:9683 irregularities or informalities in the bids or bidding process be waived and that the Chairman be authorized to execute a contract in form approved by the Agency General Counsel; further that the amount of $6,900 be appropriated from Redevelopment Agency tax increment funds to pay the cost and that the Executive Director be authorized to execute the necessary documents in form approved by the Agency General Counsel to secure the funding for the demolition contract. Member Saelid stated that he is concerned about the costs of this project - that the demolition adds to the value of the property and he would not want to see any cost to the City in this. In response to this concern staff advised that this and all costs are maintained in a separate account for this particular property and would be reflected in the acquisition cost. I AYES: NOES: ABSENT: Members Margett, Pellegrino, Saelid, Parry None Member Gilb The ARCADIA REDEVELOPMENT AGENCY portion of the meeting adjourned. AUDIENCE PARTICIPATION HEARINGS December / INDEPENDENT, 301 AUDITORS y. CONSENT ITEMS APPROVED DANCE PERMITS APPROVED 'j" ..J /i.. I;' f Herb Fletcher, 175 W. Lemon Avenue, brought up once again the possibility of the City initiating a class action suit on behalf of all property owners against Los Angeles County in an effort to have the assessments rolled back to what they were in 1975. Reference was made to the opinion of the City Attorney who will endeavor to obtain additional information as to any avenue open to the taxpayers in this regard. CONSENT ITEMS SCHEDULED public hearings for December 19 on the following: (a) Planning Commission Res. 1075 recommending the expansion of certain nonconforming uses in the R-O and R-l zones by modification procedures. (b) Planning Commission Res. 1076 recommending an amendment to the uses permitted section of the M-l zone and establishing parking requirements for architect and engineering uses. RETAINED Lance, SolI and Lunghard, Certified Public Accountants to conduct the independent audit for the fiscal year 1978-79. This n recommendation of the Audit Committee (Saelid and Pellegrino). All of the above APPROVED on MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb I On MOTION by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote as follows the following annual dance permits were APPROVED: Reubens Restaurant Derby Restaurant Pellegrino's Italian Restaurant Ramada Inn Westerner Restaurant Sa!. Sinatra's The Embers Cin-Bad's 1150 W. Colorado Blvd. 233 E. Huntington Dr. 101 S. First Avenue 130 W. Huntington Dr. 181 Colorado Pl. 850 S.'Baldwin Av. .650 W. Duarte Rd. 80 W. Live Oak Av. AYES: Councilmen Margett, Saelid, ABSTAIN: Councilmen Pel~egrino Parry ABSENT: NOES: None Councilman Gilb 12-5-78 - 4 - COYOTE CONTROL PROBLEM I r:1'lfr 3r (, EQUIPMENT PURCHASE (Aerial tower) I ORDINANCE NO. 1662 INTRODUC~ PERS SAFETY MEMBERS 23:9684 Included in the staff report was the dance permit for the Long Branch Saloon. This is in the process of correcting electrical problems and the dance permit will not be issued until such time as these are remedied.with the approval of the Building and Fire Departments. Staff presented a comprehensive report on the complaints received and recommended methods of control (report dated December 1). The Department of Animal Control has no authority to deal with coyotes and the only available agency for conducting a trapping program is the County Agricultural Commissioner. Various problem areas were submitted and during this consideration a representative of the Commissioner's'Department explained the procedure which has proven somewhat successful thus far. The cost of entering the program would be $3,000 on an annual basis. There would be periodic reports to the City as to the location and dispensation. It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the non-trapping approach be used in Area A (Highland Oaks), the trapping approach be used in Area B (south of Foothill Freeway) and both the trapping and non- trapping approaches be used in Area C(north of Foothill Freeway and west of Santa Anita); that the City Manager be AUTHORIZED to execute an agreement with the Los Angeles County Agricultural Commissioner in form approved by the City Attorney and that $3000 be authorized from the General Contingency Account for the program. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Manager recommended the purchase of a high ranger aerial tower which is used in the maintenance of public areas and parkway trees. The equipment which is being currently used was purchased in 1967 and is proposed to be replaced in the 1979-80 fiscal year. Although it is in a safe usable condition, the bucket does have a tendency to drift and because of its day to day usage frequent maintenance is necessary. This is the only available piece of equipment for the trimming of tall trees. Staff report dated December 5 sets forth the basis for this request. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that the provisions of the formal bid procedure he waived and staff be authorized to purchase from Asplundh Equipment Sales Service one 1978 Ford F-700 Demonstrator Unit along with hydraulic tools at a cost of $36,751.26 which includes sales tax; that the said amount be appropriated from the Equipment Replacement Fund. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented, explained the content and read the title of Ordinance No. 1622 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ORDINANCE NO. 1407 CHANGING THE MEMBERSHIP OF THE ARCADIA BEAUTIFUL COMMISSION FROM FIFTEEN TO ELEVEN MEMBERS". 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 he waived and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Margett, fellegrino, Saelid, Parry None Councilman Gilb The Finance Officer advised that the State Retirement System has now forwarded the necessary documen~s in connection with the amendments 12-5-78 - 5 - RESOLUTION NO. 4792 ADOPTED I ~ /., F: I-.~' RESOLUTION NO. 4794 ADOPTED evil'" ' CLA 1M REJECTED /, I, ,\ . I'll ,'I I, v 23:9685 to provide full 2% at age 55 and unused sick leave credit benefits for fire and police personnel. It is necessary to adopt a Resolution of Intention to amend the contract; provide annual costs at this public meeting and conduct ,al\. ,~mployee election.,and adopt an ordinance thereafter approying the contract documents. It was noted further that 118 employees in the police and fire departments are covered under the current Safety Members Plan. Ten employees in the Fire Department and 14 in the Police Department started their employment. after age 30 and would not be included in, the' change from the present 1/2 at age 55 Plan to the 2% at age 55 Plan. They would be eligible for the credit for unused sick leave benefit. This will..increase the City rate - 1/4% of payroll. . The change to the 2% at age 55 plan will increase the employer rate 1.782%. The new employer rate, including the two amendments, will I total 22.236% of payroll compared with 20.204% at the present time. The April valuation report from the State indicated that the employer rate is subject to change on July 1, 1979. The annual increase in cost to the City for one year, based on current salaries, is $50,137. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that the City Clerk be and she is hereby AUTHORIZED to conduct the required election of eligible fire and police personnel and that the following Resolution of Intention be adopted. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4792 entitled: "RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF ARCADIA TO PROVIDE IMPROVED BENEFITS FOR FIRE AND POL ICE SWORN PERSONNEL". 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, explained the content and read the title of Resolution No. 4794 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA GRANTING A ZONE VARIANCE TO PERMIT AN ADDITION TO AN EXISTING DWELLING ON A NON-CONFORMING LOT IN A R-l ZONE AT 1033 EL SUR AVENUE". I 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 It was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that on recommendation of the City Attorney the claim of Daar & Newman, a Professional Corporation on behalf of all persons and entities similarly situated as set forth in the claim, was rejected. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb 12-5-78 - 6 - MARGETT EXECUTIVE SESSION ADJOURNMENT I I 23:9686 Discussion held on the hazard of the trees in the parking lot to the south of City Hall. The City Manager advised that the Director of Public Works has trimmed the trees and will continue inspection. At 9:40 p.m. the City Council entered an executive session with the City Attorney on litigation matters. At 10 p.m. the City Council reconvened and adjourned immediately thereafter. @;;&.Q2-y ATTEST: City ,Clerk 12-5-78 - 7 -