HomeMy WebLinkAboutDECEMBER 5,1978_2
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
OATH OF
OFFICE
ADMINISTERED
MINUTE
APPROVAL
HEARING
(Lighting
Maintenance
Dist. Annex 8
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HEARING
E I R
(Subdivision)
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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
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JOINT
MEETING
ARCAD IA
REDEVELOPMENT
AGENCY /
HEARINC;
(AMERICAN
TITLE CO.
RELOCATION)
APPROVED
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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.
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RESOLUTION
ARA 49
ADOPTED
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RESOLUTION
ARA 50
ADOPTED
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CONTRACT
AWARD
Demo li tion
104 E. Colorado
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CONTRACT
AWARD
Demolition
418 E.
Huntington &
11-15 S. Fifth
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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
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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.
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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
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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
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COYOTE
CONTROL
PROBLEM
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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
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RESOLUTION
NO. 4792
ADOPTED
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RESOLUTION
NO. 4794
ADOPTED
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CLA 1M
REJECTED
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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
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MARGETT
EXECUTIVE
SESSION
ADJOURNMENT
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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.
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ATTEST:
City ,Clerk
12-5-78
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