HomeMy WebLinkAboutDECEMBER 19,1978_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
ROLLCALL
MINUTE
APPROVAL
HEARING
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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,
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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.
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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
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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.
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! ./ 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)
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HEARING
(M-l Zone
Parking)
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PERSONNEL
BOARD
(Revised
Class
Specifications)
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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>
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~: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
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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.
,
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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.
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/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
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AWARD OF
CONTRACT
PARKING LOT
LANDSCAPING
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STREET
LIGHTING
ENERGY RATES
RESOLUTION
NO. 4797 /
AOOPTE:D V
RESOLUTION ,/'
NO. 4798
ADOPTED
RESOLUTION
NO. 4800 /
ADOPTED
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RAC ING
SEASON
TRAFFlC
CONTROL) "i
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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
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ORDINANCE
NO. 1663
INTRODUCED
RESOLUTION
NO. 4795
ADOPTED i
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RESOLUTION
NO, 4796
ADOPTED
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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,"
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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.
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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
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GILB /
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PELLEGRINO /
MARGETT ,/
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SAEL ID '"
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MINUTE
AMENDMENT
6. APPROVAL
(Dec. 5, 1978)
SAEL 10
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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
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PARRY
EXECUTIVE
SESSION
RECONVENE:
23:9695
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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.
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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:
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12-19-78
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