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HomeMy WebLinkAboutDECEMBER 19,1978_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 ", (? ~D I 1;' I ;5 /"// I 23:9688 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 19, 1978 The City Council of the City of Arcadia, California, met in regular session on Tuesday, December 19, 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 Charles E. Gi1b PRESENT: ABSENT: Councilmen Gi1b, Margett, Pellegrino, Sae1id, Parry None (See Page 7) APPEAL from Planning Commission's denial of a request to create two locs from one lot at 622 W. Norman Avenue. Staff advised that the application filed by Kareem Nikoui proposed to split the existing lot into two lots - 65' wide and 66.4' respectively. The Commission did feel that the proposed lot widths would be consistent with the neighboring properties however it noted that those lots were sub- divided according to the standards applicable at the time that particular division was made and it would not be appropriate to create new lots which do not comply with the current lot width standards - to approve such a division would set a precedent for similar lot splits. It was noted that in 1975 the Planning Commission and the City Council denied a similar request for a substandard lot by division at 633 W. Norman Avenue (across the street from the subject site). Alternative developments were submitted which could be combined with the two lots adjacent to 622 W. Norman Avenue, however, this has not been pursued by the applicant. Mayor Parry declared the hearing open and the applicant referred to the contents of his letter of appeal and said in part that he had contacted the neighbors and they were all in favor of his proposal; that the lot split would have dimensions consistent with others in the immediate area. He also advised that the development of a cu1-de-sac,which had been suggested by Council, is not possible as the owners are not willing to participate. He felt this would be the best use of the land. Mrs. Johanna Hofer, 875 Monte Verde Drive, suggested that in this type of case the applicant obtain signatures of those in the neighborhood. She felt the request is reasonable. Mrs. Hofer was advised that the applicant has obtained the signatures of the adjacent property owners. Michael D'Agata, 633 W. Norman Avenue said he was not happy when his application for a lot split was denied in 1975, but that he would like to see the lot split before Council at this time approved as long as the applicant would construct two new homes.. that it would improve the area. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Margett, seconded by Councilman Gi1b and carried unani- mously, 12-l9-7P. - 1 - HEARING Text Amendments (Fencing, etc. ) / 23:9689 Councilman Gi1b submitted that unless he would hear something new and because the Planning Commission denied the request on a 7 to 0 vote, he would support that decision. Councilman Pellegrino said because opposition to the division of property was not lodged at the Planning Commission hearing and because the neighbors agreed to the lot split he would be in favor of granting the appeal. Councilman Margett, Council Liaison to the Commission, felt the best use of the land would be a cul-de-sac with about six homes whereas the subject proposal is for only two homes. He felt the City ordinances should be followed and he would sustain the Planning Commission. Councilman Sae1id did not see a significant difference in circumstances applying to the subject property than to the property on the north I side of the street. He realized the neighborhood has 65' lots but what good could be accomplished by allowing two more.,. He thought it would be a violation of the intent of the zoning ordinance to overrule the minimum lot size with no better reason than for one person's economic benefit. He agreed it could be better developed with a cul-de-sac arrangement but that would take cooperation of the adjoining property owners. He would have to sustain the Commission's action. Some discussion held on the possibility of creating a special zone for this area because of the substandard size of the lots, Mayor Parry expressed empathy for the applicant but could not see creating two lots from one standard lot, noting that lot splits have not been granted in the area with any similar type circumstances. He would have to support the Commission's decision for denial. It was MOVED by Councilman Gi1b, seconded by Councilman Margett and carried on roll call vote as follows that the facts contained in the staff report submitted to the City Council are true and correct; that the requested subdivision adversely affects the comprehensive Gene~a1 Plan; that the. requested subdivision does not comply with the sub- division code in that the widths of the lots proposed are substandard and that the decision of the Planning Commission for denial be SUSTA!NED. AYES: NOES: ABSENT: Councilmen Gi1b, Margett, Sae1id, Parry Councilman Pellegrino None Planning Commission Resolution No. 1073 recommending amendments of the fence height regulations, multiple dwelling definition and R-2 Two Family Zone regulations, Each amendment was explained in detail by the Planning Director and set forth in the resolution. Some discussion held on the way some property owners are constructing a wall for instance that does not conform and then requesting a modification. This concern will be conveyed to the Planning Commission by Councilman Margett, Council Liaison to the Commission, Mayor Parry declared the hearing open and Mrs. Johanna Hofer, 875 Monte Verde Drive was advised that fencing of swilnming pools is not a part of the consideration before Council at this time. However, swimming pools are covered by fence height regulations in the building code. I No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gi1b, seconded by Councilman Saelid and carried unanimously. It was MOVED by Councilman Gi1b, seconded by Councilman Margett and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds the project will not have a significant effect on the environment and that the recommendations set forth in Resolution No. 1073 be APPROVED. AYES: NOES: ABSENT Councilmen Gi1b, Margett, Pellegrino, Sae1id, Parry None None 12-19-78 - 2 - The City Council received the recommendation of the Personnel Board concerning a change in the job title of Assistant Recreation Director to Superintendent of Parks and Recreation and revised class speci- fications for said position. It was noted in the report dated December 15 that since the elimination of the position of Recreation Director the duties of the Assistant Recreation Director have changed and the responsibility laid upon the position has significantly increased. The salary was recommended to be increased to $1935 / monthly. /',,~:, y';' ! ./ 1';. \ '", It was MOVED by Councilman Saelid, seconded by Councilman Gilb and ~ ~ ~ ~J1 carried on roll call vote as follows that the recommendation of the .~~ Personnel Board be approved and that the revised class specifications be approved and that the job title be changed to Superintendent of Parks and Recreation at a salary of $1935 monthly. HEAR lNG (Non-Conforming Uses) I I HEARING (M-l Zone Parking) I I PERSONNEL BOARD (Revised Class Specifications) ~( \:~_.." ~,.::\.-:..,:~:..~-y< r:.",,!.,,'/,,',,:-t;;.".:r:~ 23:9690 Planning Commission Resolution No. 1075 recommending amendments to the Arcadia Municipal Code to allow the expansion of certain non- conforming uses in the R-O and R-l zones by modification procedure. The changes would permit some additions to non-conforming reSidential lots through the modification procedure in lieu of the zone variance procedure. Mayor Parry declared the hearing open and Charles Janes, 1705 S. Second Avenue, spoke in favor'of the amendments as it would benefit him as his residence does not adequately meet the needs of his family and he would like to make some changes. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unani- mously. . It was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds the project will not have a significant effect on the environment and 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 Planning Commission Resolution No. 1076 recommending amendments to the Arcadia Municipal Code relating to the Uses Permitted Section in the M-l zone and establishing parking requirements for architect and engineering uses. The Commission approved this text amendment with the determination that it would help alleviate parking problems associated with development of any new architect and engineering uses, and would also allow the City more flexibility in determining if certain uses are permitted in the M-l zone. It was noted that the Commission did not expand the Uses Permitted to include surveyors, drafting and graphic services as it was felt further study was necessary to determine if these uses were appropriate in an M-l zone. 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 Gilb, and carried unanimously. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that the Negative Declaration be APPROVED and FILED and that Council finds the project will not have a negative effect on the environment; that the recommendations be approved and that the City Attorney prepare the appropriate ordinance to effect said amendments. AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None AYES: NOES: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None ABSENT: None 12-19-711> ~ 3 - ~:SENlOR CITIZI>N COMMISSION 23:9691 Request of the Senior Citizen Commission for a study of the needs of the senior citizens in the City. Councilman Sae1id, Council Liaison to the Commission, explained the concern of the Commission for the elderly and their problems of meeting housing costs; that first it would be best to establish that there is indeed a problem and of what magnitude. It was MOVED by Councilman Sae1id, seconded by Councilman Gi1b and carried on roll call vote as follows that the Commission and staff members proceed on an analysis of the needs. AYES: NOES: ABSENT: Councilmen Gi1b, Margett, Pellegrino, Sae1id, Parry None' None John Joseph, expressed appreciation to the City Council for authorizing the study and referred to a communication from Tom Joyce, I Los Angeles County Housing Authority outlining steps to follow in determining housing needs. AUDIENCE PARTICIPATION I ~,,\ , f\~ HEARINGS / SCHEDULED P ~'ONDIT!ONAL USE PERMIT Mrs. Johanna Hofer, 895 Monte Verde Drive, referred to an ordinance (No. 1663) which is on the agenda for Council consideration and asked that a public hearing be held on same. The ordinance would exempt the City from the Solar Shade Control Act which was explained in detail by the City Attorney. Mrs. Hofer commended the City Council on its stand to go on record as being opposed to the Metropolitan Plan for desegregation. She expressed disappointment that the City Council did not vote in favor of the lot split at 622 W. Norman Avenue as she felt it would be an improvement in the neighborhood. Michael Genito, 153 W. Laurel, expressed disappointment that the City Council did not respond when the petitions for rescinding of specific ordinances were presented at the November 21 meeting. He spoke of other things including the possibility of a full time Mayor, having a local lottery, taxes and a private road on Foothill Blvd. Kareem Nikoui, 622 W. Norman Avenue, spoke to his appeal once again stating in part that the idea of a cu1 de sac doesn't sound reasonable to him at all - and that he has good intentions about building two homes and would be willing to put it into writing if so requested. , \\, ~ Discussion ensued and Councilman Margett will impart to the Planning Commission the concerns of the City Council as to whether the Commission feels it would be feasible to at least make a study of the creation of a separate zone relating to lots 65 feet or less - Naomi between Baldwin and Holly, for instance. CONSENT ITEMS ;APpea1 from Planning Commission denial of a request for a five-lot subdivision at 1140 W. Foothill Boulevard JANUARY 16, 1979. I /P1anning Commission Res. 1078 recommending approval of a General Plan change from Single family Residential 0-6 du/ac to Multiple Family Residential 7+ du/ac on Christina Street from First Avenue to Santa Anita. JANUARY 2, 1979 ~ReqUest of Best Disposal Company for extension of agreement and an increase in refuse rates. JANUARY 2, 1979 APPROVED Planning Commission Res. 1077 granting a conditional use permit to operate an eating establishment at 400 S. Baldwin Avenue (Deli-Delight) . All of the above were APPROVED on MOTION by Councilman Gilb, seconded by Councilman Ma~gett and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Gi1b, Margett, Pellegrino, Sae1id, Parry None None 12-19-7'0 - 4 - AWARD OF CONTRACT PARKING LOT LANDSCAPING I, , ' . J ../ (, I.Y;:ot-o r' ' I STREET LIGHTING ENERGY RATES RESOLUTION NO. 4797 / AOOPTE:D V RESOLUTION ,/' NO. 4798 ADOPTED RESOLUTION NO. 4800 / ADOPTED I RAC ING SEASON TRAFFlC CONTROL) "i /' {t: ,-l' . 1_ f I' !'J J '1(21'" I' ORDINANCE NO. 1662 ADOPTED ',- . 23:9692 Council received the results of bids and recommendation for award of contract for the Wheeler Street Parking lot landscaping project. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the contract be awarded to the low bidder, Environmental Landscape Contractors, in the amount of $19,200.00; that $23,250 be appropriated from funds in Assessment District 76-1 pursuant to Resolution No. 4796 adopted later in this meeting to cover the cost of construction including design, inspection and contingencies; that all other bids be rejected: that all informalities 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. AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None Communication from Supervisor Schabarum, Chairman of the Board, concerning resolutions pending before the Public Utilities Commission on street lighting. The County Road Commissioner has suggested that Cities adopt the same resolutions and forward to PUC. Considerable discussion held on one of the resolutions, No. 4799, relating to the request of the Public Utilities Company to require a waiver of the facilities charge for street lights turned off due to lack of funds created by the passage of Proposition 13. Councilman Saelid felt he could not support this resolution as it might impose a hardship on Southern California Edison Company and the resolution will be carried over for further study by Council. The following resolutions, however, were ADOPTED. ,~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE PUBLIC UTILITIES COMMISSION TO ASSIGN TO LOCAL GOVERNMENT PORTIONS OF THE SAVINGS IN PROPERTY TAXES TO BE REALIZED BY THE SOUTHERN CALIFORNIA EDISON COMPANY PURSUANT TO PASSAGE OF PROPOSITION 13 BY DENIAL OF REQUESTED RATE INCREASE AND FURTHER, IF SAVINGS ARE AVAILABLE, TO REDUCE RATE BELCM CURRENT LEVEL." "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE PUBLIC UTILITIES COMMISSION TO RE-EVALUATE STREET LIGHTING RATES FOR MIDNIGHT SERVICE." "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE PUBLIC UTILITIES COMMISSION TO RE-EVALUATE HIGH PRESSURE SODIUM STREET LIGHTING RATES." It was MOVED by Councilman Gilb, 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 On recommendation of staff it was MOVED by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows that $180,126 be appropriated from Capital Outlay 1978-79 Budget to provide traffic control for the current race meet. Council also received a detailed breakdown of post locations and costs. .AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry' None None The City Attorrey presented for the second time, explained the content and read the title of Ordinance No. 1662, entitled: "AN ORDINANCE OF 12-19-79 - 5 - ORDINANCE NO. 1663 INTRODUCED RESOLUTION NO. 4795 ADOPTED i ,r, \;,) f' RESOLUTION NO, 4796 ADOPTED (, ,'~ , . I) .f& V I, . , t. CLAIM REJECTED 23:9693 THE CITY OF ARCADIA AMENDING ORDINANCE NO. 1407 CHANGING TIlE MEMBERSHIP OF THE ARCADIA BEAUTIFUL COMMISSION FROM FIFTEEN TO ELEVEN MEMBERS." It was MOVED by Councilman Gilb, 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 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1663 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA EXEMPTING THE JURISDICTION OF THE CITY OF ARCADIA FROM THE SOLAR SHADE CONTROL ACT CONTAINED IN CHAPTER 12 OF DIVISION 15 OF THE PUBLIC RESOURCES CODE," 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 INTRODUCED. AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None Th~ City Attorney presented, explained the content and read the title of Resolution No. 4795, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE ANNEXATION OF CERTAIN LANDS TO THE ARCADIA CONSOLIDATED LIGHTING DISTRICT (ANNEXATION NO.8)." 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 Gilb, Margett, Pellegrino, Saelid, Parry None None The City Attorney presented, explained the content and read the title of Resolution No. 4796, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE REPORT IN A SPECIAL ASSESSMENT DISTRICT AND AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AD 76-1," 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. I AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None On recommendation of the City Attorney the claim filed by Eugene P. Wallock on behalf of his son, Eric Lee Wallock, for property damages was DENIED on MOTION by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid~ Parry None None 12-19-79 - 6 - GILB / I PELLEGRINO / MARGETT ,/ / SAEL ID '" .;/ I MINUTE AMENDMENT 6. APPROVAL (Dec. 5, 1978) SAEL 10 I 23:9694 Some discussion held on legal interpretations concerning sideyard setback regulations. Advised he has kept apprised of what has been transpiring during his absence through tapes and the like. He noted that in some instances it was quite difficult to hear or understand what was being said and suggested an effort be made to improve the record which is maintained for posterity, Referred to what has been happening in downtown areas of other cities - in particular Durham, N. C., that with the advent of new shopping centers the downtown business districts just have not been able to survive. He noted how fortunate Arcadia is to have the Mall in the center of town. He also expressed pride in the way Arcadia's streets are kept clean - in contrast to what he has seen in other cities. Was informed by Mayor Parry that a financial report Birthday Celebration has not as yet been received. checked into. on the City's 75th This will be Noted that it is conceivable Arcadia will have visitors from Arcadia's Sister City (Newcastle, Australia) in June or July, Felt that from the HOY report the new Director is doing a good job. Noted that he has kept the City Clerk informed as to what hospital he is in, along with dates and the like. Expressed appreciation for the efforts of those who have kept him informed during his absence and said he was pleased to be back. Suggested staff check into lunch wagons to see if they are licensed. Was informed by the Director of Public Works that the cleaning of the freeway off-ramps waS the responsibility of the State. This will be conveyed to the Arcadia Beautiful Commission to see if it can organize something along this line, Was informed by the Director of Public Works on charges for curbs and gutters particularly on State routes. Referred to cracks in the new surface at the downtown City Parking Lot. This comes under the jurisdiction of the Parking Place Commission and Councilman Pellegrino will convey this to that agency, Referred to the Minutes of the December 5 meeting which were not approved at the beginning of this meeting, and the following amendment was made and accepted by Council. Page 2, third paragraph, starting with line 7 to read "... this year. Mr, Asquith was acceptable to making the changes in the text of the report on Page 40 to read lithe impact of the proposed project on hydrology and drainage and potential instability of fill slopes can be mitigated to an acceptable level by measureS discussed in previous sec tions of the report, II Mr. Asqui th was commended on the da ta and preparation of the report." It was then MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried unanimously that the Minutes, as thus amended, be APPROVED. Was informed by the Director of Public Works that his department does endeavor to schedule street sweeping, particularly in apartment house 12-19-78 - 7 - PARRY EXECUTIVE SESSION RECONVENE: 23:9695 ", districts so that the entire street is cleaned; ,that new signs 'a're being erected and if the residents cooperate a better a~d'mor~ efficient job can be done. Some discussion held on sweeping privat~ streets also.' Referred to the median on Foothill Boulevard and felt 'the reflectors helped but if the edge of the islands were painted white it would lessen the danger to motorists. He then MOVED that staff prepare a report as to the bes t way to remedy the si tua Hon and the cost involved. Motion seconded by Councilman Gilb and carried unanimously. Asked staff to work with the Best Disposal Company in eliminating the danger of the large rubbish bins being left in the street for long time periods and noted existing problems in the Upper Rancho area. I I Commended the police and fire departments in responding to a recent fire. Commended the Police Department on its response to a recent incident in his neighborhood. Also noted his recent observation of the solicitation efforts of members of Hare Krishna at the San Francisco Airport. Noted the Sweepstakes Award won by the Arcadia High School Band and noted the Band will be marching in the forthcoming Rose Parade. An appropriate presentation will be made to the Band. Also commended the Arcadia High School Football team on its performances. The City Council entered an executive session at 11 p.m. At 11:25 the Council reconvened and adjourned immediately thereafter to January 2, 1979 at 7 p.m. in the Conference Room. 9~~ ATTEST: 4e~~//~ I 12-19-78 I':'. - 8 -