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HomeMy WebLinkAboutJANUARY 2,1979_3 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK HEARING General Plan Change (Christina St. between Santa Anita & First) Mayo~ Parry declared the hearing open and no one desiring to be ; .~the hearing was CLOSED on MOTION by Councilman Saelid, seconded G . r.-< Councilman Pellegrino and carried unanimously. --f;. [It- II ~//' It was then MOVED by Councilman Margett, seconded by Councilman and carried on roll call vote. as follows that Council finds the I~~"ON . PLEDGE OF ALLEGIANCE ROLL CALL HEARING (Hare Krishna) CONTINUED TO JUNE 19, 1979 \- I 23:9697 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 2, 1979 The City Council of the City of Arcadia, California, met in regular session on Tuesday, January 2, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. .' Rev. Margaret Stevens, Santa Anita Church Assistant Planner Donna Butler PRESENT: ABSENT: Councilmen Gilb, Margett, pellegrino, Saelid, Parry None On MOTION by Councilman Saelid, seconded by Councilman Pellegrino and carried unanimously City Clerk, Christine Van Maanen was excused. The City Attorney stated that at the conclusion of Council's July 5, 1978 public hearing the Council had requested Hare Krishna representative, Joel Schanker, to submit to the City Attorney's office no later than August 1 a balance sheet of the last fiscal year of this organization including the current profit and loss statement for that fiscal year both certified by California Public Accounts; that to this date the certified profit and loss statement and balance sheet have not been received. At the City Council meeting of August 15, 1978 the City Attorney was inst~ucted to prepare a resolution directing the City Manager not to issue the solicitation permit and to make findings of fact, and further that the hearing be continued to January 2, 1979 so the City Council could retain continuous fact finding jurisdiction to receive evidence from interested persons. This is a continuation of the hearing of August 15, 1978 on the application of International Society for Krishna Consciousness of California, Inc. for a religious solicitation permit. Mayo~ Parry asked for the applicant and those in favor to be heard and no one responded, whereupon Mrs. Johanna Hofer, 875 Monte Verde Drive spoke in opposition citing examples of what can happen in a cult; and felt the matter should not be postponed. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried unanimously that the public hearing be continued to JUNE 19, 1979 to retain fact finding jurisdiction. Planning Commission Resolution No. 1078 recommendation for approval of a General Plan change from Single Family Residential 0-6 dwelling units per acre to Multiple Family 7+ dwelling units per acre for the north side of Christina Street between Santa Anita and First Avenues. heard by Gilb project 1-2-79 - 1 - HEARING (Best Disposal) JANUARY 3, 1979 \t t, y" \\. 23:9698 will not have a significant effect on the environment and that the Negative Declaration be APPROVED and FILED; further that the application be APPROVED. AYES: NOES: ABSENT: Councilmen Gi1b, Margett, Pellegrino, Sae1id, Parry None None Best Disposal Company request for extension of their existing residential refuse agreement with the City and increase in refuse collection rates. The current 5 year agreement will expire October 31, 1979. Reference was made to a proposed agreement which has been prepared by staff wherein it was suggested that some changes be made. These were discussed. The Agreement is strictly for residential refuse collection which includes apartments as well as single family residences.. it does not include commercial, business or industrial accounts. I Mayor Parry declared the hearing open and Curtis Bradley, General Manager of Best Disposal Company, Inc., related how expenses have increased over the last four years, including insurance, salaries, equipment, mailings, He responded to questions and said in part they experienced quite a few breakdowns but that now they have invested in new equipment. Mrs. Johanna Hofer, 875 Monte Verde Drive, asked that the City Council give consideration to using all of the rubbish collected for methanol. She did not think the rates should be increased and that the agreement should not be for a period of four years. Mrs. Lucille Campbell, Building Manager of the Vista Colina Condominium at 1200 W. Huntington Drive, opposed any new rates and spoke of t~e service they are receiving which isn't as good ~s ~ former rubbish Company (Community Disposal Company) although they pay more. Staff advised that when the building was annexed to the City about two years ago it was noted at that time that the building was not designed for trash collection on such a frequent basis and that suggestions were made which mayor may not have been followed. _ .. Nathan Rifkin, 421 W. Winnie Way, said he would like to know whether or not the Company really has to increase its rates.., whether or not they are in sufficient profitable position to continue the service without raising the cost. Bernard Buller, 2421 Louise, suggested that although it is a major undertaking the City Council consider opening it up for bids or proposals - perhaps when the present agreement runs out. He recited incidents when his rubbish was not picked up or he could not get them to pick it up on certain days and staff explained the procedure in this type of problem, ,~ I In response to a question as to whether or not the Vista Colina condominium could be removed from the area serviced by Best Disposal City Attorney stated that with a stipulation where both consent possibly it could be worked out. No one else desiring to be heard the hearing was. CLOSED on MOTION by , J Councilman Gi1b, seconded by Councilman Sae1id and carried unanimously, Discussion ensued on the adequacy of the $50,000 Performance Bond Best Disposal carried; some manner in which to resolve the pickup service for the Vista Colina; the collection figures on a monthly basis. David Clark, Best Disposal Company, said he could provide Council with all necessary information and submitted that they do all of the billing for the City. It was the consensus of Council that this matter be continued to 5:30 p.m. January 3, 1979 in the Conference Room. 1-2-79 - 2 - TRACT NO. 36356 Tentative Map APPROVED I A@'~' to::':' "i:':'~;; ,Ii" .~ ""; ~ j'~'%.: ...~I -'I~" 23:9699 Planning Commission recommendation for approval of the tentative map of Tract No, 36356, 8 unit condominium at 32-38 Alice Street. Conditions were set forth in the staff report. It. was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll '. . . call vote as foilows that the Negative Declaration be approved and filed; that Council finds the project will not have a significant effect on the environment; that the tract is consistent with the General Plan and the waste discharge would not result in a violation of the existing requirements set forth in the Water Code and that the Director of Public Works be authorized to approve the subdivision agreement. The tentative map was thus approved subject to all conditions. AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None PARTICIPATION rv ;j (J N'-'I) Y:LOT CONSOLIDATION STREET llEDICATION} , y; S<-, t.o t 'l' I - TRACT NO. 35236 Final Map HEARING v' SCHEDULED January 16 I p~~!~~~. ~~ time extension Street Sweeper Rebuilding FCtjT W. E, Montgomery, 106 Santa Cruz Road, referred to the meaning of religious solicitation relating to Hare Krishna. The City Attorney explained in part that a religious organization must first obtain a certificate from the City for solicitation which could be for funds, money, products, even time.. The Hare Krishna solicitation appli- cation was for solicitation on public sidewalks not on private property. Mr. Montgomery was also advised on the rate increase as requested by the Best Disposal Company, Mrs. Johanna Hofer, 875 Monte Verde Drive, felt the Council is rushing the Best Disposal matter by continuing the hearing until tomorrow evening as members of the community will not be aware of it. She also said it would be to everyone's advantage to have a vote of the electorate on the service fees imposed by the City Council prior to July 1. She said the 8000 signatures on petitions really did not speak for the entire community. CONSENT ITEMS APPROVED Planning Commission's recommendation for the consolidation of two lots into one lot at 9956-9975 Las Tunas Drive, subject to all conditions specified in the staff report. APPROVED dedication of a 25 foot radius corner cut-off for street purposes in connection with a lot consolidation at 9956-9974 Las Tunas Drive. APPROVED final map of Tract No. 35236 - 7 unit condominium at 313-317 E. Duarte Road. SCHEDULED public hearing on the appeal filed from the decision of the Planning Commission in connection with the construction of an addition at 415 Cortez Road. APPROVED the recommendation of the Planning Commission and granted a one year time extension to January 17, 1980 on the tentative map of Tract No. 34342 - 44 unit residential condominium at 535-585 W. Duarte Road. AWARDED contract to A. M. Donaher & Son, Inc., in the amount of $23,950 for the remanufacture of a 1970 Model street sweeper - P.II':' $7,187 would come from a grant under the State Litter Control Program and the balance from Capital Improvement Project Funds. , All of the above items were APPROVED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: A-BSEi'JT : Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None 1-2-79 - 3 - ANIMAL CONTROL JT. POWERS AGREEMENT P' :.,t/-B MEDIAN ISLAND MARKINGS 1- 1377 REGIONAL CRIMINAL JUSTICE F: j;'-I4~ 23:9700 Council received a revised Joint Exercise of Powers Agreement which would create a San Gabriel Valley Animal Control Authority between the Cities of Alhambra, Arcadia, Covina, Duarte, Glendora, Monterey . ~ark, San Gabriel, .Temple City and.West.Covina. Each City has already committed $1000 to a study of service alternatives, Once a program has been developed it will be presented to the various cities and any city may unilaterally withdraw from the Agreement and the Authority prior to ratification of a program. It was agreed that the service rendered by the Los Angeles County Animal Control has been excellent but staff would like to maintain the option to see what develops. It was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that the Mayor and City Clerk be authorized to execute the Agreement in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None I Council received a report on the need or feasibility of painting the ends of median islands for improved visibility on Foothill Boulevard. Results of field inspection and the accident history for the past 18 months involving auto vs. median curb were set forth in the report. Estimated cost of painting and beading all 54 median nose locations is $440 with repainting required on an annual basis. Staff also reported on the cost of installing three button reflectors and posts which would cost about $315 plus labor on a one-time basis. Staff felt that based on the accident record there doesn't seem to be a great need for the median nose delineation, and with the illumination on Foothill Boulevard along with the future effect of the landscaping driver recognition and visibility will be greatly improved. Councilman Saelid stated in part that there are probably many near accidents or mishaps that are not reported and that from his experience during a rainstorm it was almost impossible to see where the curb was and that the painting would be less objectionable than post mounted reflectors at each nose point and as far as the cost is concerned he felt more would be saved in property damage to vehicles in a year's tiffie and MOVED that staff be authorized to paint the nose ends of the medians on Foothill Boulevard and that the effectiveness be evaluated at the end of a year. Councilman Gil~ seconded the motion, Councilman Margett felt it was conjecture on the part of Council to think there are problems when the statistics do not bear that out. He did not feel the painting would be in the best interest of the City and could not support the motion. Councilman Pellegrino questioned how many accidents are not reported and what property damage has been done. The Director of Public Works submitted that the contractor has had to make some repairs and city forces have had to make other repairs which were caused by vandalism, He also said beading the paint would give a higher degree of reflectivity and would not be a cost factor. I Mayor Parry felt the painting would increase the safety standpoint and called for the roll call vote. AYES: NOES: ABSENT: Councilmen Gilb, Pellegrino, Saelid, Parry Councilman Margett None RECESSED AND RECONVENED Council received a communication from the Los Angeles.Regional Criminal Justice Planning Board requesting reaffirmation of the City's support of the. Board and that the Ci~y provide $594 as its proportionate 1-2-79 - 4 - I RESOLUTION NO. 4803 ADOPTED / ./ I L/ Ill:! y:V BIKEWAY FUNDS (SB 821) ~, /; -/11 (j- ~ . RESOLUTION NO. 4802 ADOPTED " l[1 '...- J ~ I & J . I ORDINANCE NO. 1663 ...~/ 23:9701 share of the local hard match required in order for the region to take advantage of $1.3 million available in fiscal year 1979. The Police Chief recommends approval of this expenditure. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that $594 be appropriated from the General Contingency Fund for this purpose. AYES: NOES: ABSENT: Councilmen Gilb, Margett, pellegrino, Saelid, Parry None None "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA OF LOS ANGELES COUNTY REAFFIRMING RECOGNITION OF THE LOS ANGELES REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS THE COUNTY REGIONAL CRIMINAL JUSTICE PLANNING AND COORDINATING BODY FOR CRIMINAL JUSTICE," The title of the resolution was read and MOTION made 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 Staff advised that Cities and Counties in Southern California Transit District may file a claim for their allotment available under SB 821 for bikeway development. They may also file for funds for regional bikeway projects. Funds are derived from a percentage of the State Gas Tax monies. In order to obtain the funds a project must be designated which is part of an adopted area-wide plan. This and authorization must be made by resolution. Staff recommended that the Santa Anita Wash Bikeway be adopted as part of the City's area-wide plan with the portion from Live Oak to Rio Hondo Bikeway be designated. It was recommended that the City file for approximately $28,000 of SB 821 funds in addition to the 1978-79 allotment of $10,155, Staff also recommends that $6,692 previously allocated for a bikeway through the Arcadia Park be reallocated for this project. The combined monies would make up the total funding required for the project. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION FOR BIKEWAY FUNDS AUTHORIZED UNDER SB 821 AND DESIGNATING A BIKEWAY PROJECT." The title of the Resolution was read and MOTION made by Councilman Margett, 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 second 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." 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 1-2-79 - 5- ORDINANCE NO. 1664 INTRODUCED ORD INANCE NO. 1665 INTRODUCED RESOLUTION NO. 4801 AOOP; RESOLUTION NO. 4804 ADOPT; GILB ADJOURNMENT "23': 970.2 The City Attorney presented, explained the content and read the title of Ordinance No. 1664, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTIONS 9266.1 AND 9269.5 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO PERMITTED USES IN THE M-l ZONE AND ESTABLISHING PARKING REQUIREMENTS FOR ARCHITECT AND ENGINEERING USES IN THE M-l ZONE." It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text be waived and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Gilb, Margett, pellegrino, Saelid, Parry None None The City Attorney presented, explained the content and read the title of Ordinance No. 1665, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTIONS 9292.1.4, 9292.1.9 OF THE ARCADIA MUNICIPAL CODE AND ADDING SECTION 9220.45.1 THERETO TO ALLOW EXPANSION OF CERTAIN NON-CONFORMING USES IN THE R-O and R-l ZONES BY THE MODIFICATION PROCEDURE." I It was MOVED by Councilman Margett, 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 INTRODUCED. 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. 4801 entitled: "A-RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF ARCADIA SUPPORTING THE. , POSITION OF THE-,BOARD OF EDUCATION OF THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS'ANGELES COUNTY SUPPORTING LOCAL CONTROL OF EDUCATION AND OPPOSING'THE PROPOSED METROPOLITAN PLANS FOR DESEGREGATION." It was MOVED by Councilman Saelid, seconded by Councilman' Gilb 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. 4804 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA COMMENDING THE ARCADIA HIGH SCHOOL APACHE MARCHING BAND FOR THEIR OUTSTANDING CONTRIBUTION TO THE CITY OF ARCADIA, CALIFORNIA." 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. I AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid, Parry None None Stated there is a letter on file with the City Clerk from the medical staff at the Duke Hospital in Durham, N.C. advising that he should return there as soon as possible and that he will be leaving Sunday, January 7th for a period of 6 or 7 weeks, At 9:40 p.m. the meeting adjourned to 5:30 p.m. January 3, 1979 ~ the Conference Room. 1-2-79 City Clerk - 6 -