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HomeMy WebLinkAboutFEBRUARY 6,1979_2 . CITY COUNCIL PROCEEDINGS A,RE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 23:9719 I INVOCATION PLEDGE OF AILEGIANCE ROLLCALL MINUTE .; APPROVAL HEARING SCHEDULED I (MARCH 20) I PRESENTATIONI (Neuberg) HEARING p. (Lot . Consolidation) I MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 6, 1979 The City Council of the City of Arcadia, California, met in regular session on Tuesday, February 6, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Michael De Vries, Arcadia Christian Reformed Church Police Chief Charles Mitchell PRESENT: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry Councilman Gilb On MOTION by Councilman Saelid, seconded by Councilman Margett and carried unanimously Councilman Gilb was excused. On MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried unanimously the minutes of the regular meetings of January 2 and 16 and the adjourned regular meetings of January 11 and 16 were APPROVED. Mayor Parry announced that the public hearing on the request of the Santa Anita Oaks Homeowners Association for temporary street closures for the purpose of studying the feasibility of permanent closures would be held March 20. On behalf of the City Council, Councilman Margett presented Charles L. Neuberg with a plaque in appreciation of his efforts and accomplishments while a member of the Arcadia Beautiful Commission. Appeal filed by Myles M. Marazzi from the decision of the Planning Commission for denial of his request for a lot consolidation of two lots into one lot at 407 N. Second Avenue. The Planning Commission found that the requested lot consolidation would adversely affect the comprehensive General Plan because it would landlock a corner parcel rendering that parcel undevelopable under its present zoning. Staff noted that the General Plan designation for this area is industrial and the zoning is M-l. The consolidation would create a lot which would comply with all the subdivision standards. An identical lot consolidation was approved for the subject properties in 1975 however the final parcel map was never recorded. Mayor Parry declared the hearing open and James R. Helms, Jr., Attorney representing the applicant, stated in part that the property was purchased by his client from the State in August 1973; plans developed in 1975 to where he could begin to commercially develop the property and was granted a lot consolidation at that time.. that an error was made in not complying with a part of the engineer's report . ,which requires the recording of such a tract map within one year,.. and that now they are once again applying for the lot consolidation. Mr. Helms continued that it was suggested the corner property be purchased by the applicant but he said that now with the demand for residential housing it will be a long time before that corner with its dwelling will be available. Even if it were available the only possible 2-6-79 - 1 - TENIA TIVE J NAP FILING FEES INCREASED I j RESOLUTION NO. 4811 ADOPTED . 23:9720 use would be for parking which his client does not need... they have ample parking. In response to a question Mr. Helms said his client does intend to make further improvements if the lot consolidation is approved. He asked the City Council to act favorably on the appeal and noted the recommendation of the Planning Department for approval. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried unanimously. In answer to an inquiry the Planning Director said in part that without the lot consolidation the property would be non-conforming., they would not issue any additional permits for any expansion on the 407 N. Second Avenue property nor would they issue any permits for the 157 La Porte Avenue property. The latter is M-l but with an R-l use and is non-conforming. I Councilman Pellegrino was in favor of granting the appeal although he did question why an endeavor was not made to purchase the corner property suggested previously. Councilman Margett explained in part the Commission's thinking in its denial. .., they were endeavoring to bring the corner R-I into conformity with the M-l zoning.. however he could not see penalizing the applicant and under the circumstances would support the appeal. Councilman Saelid commented that normally he would say that due to the configuration it would not make sense leaving the one lot out, but the applicant has had one lot consolidation approved, has made improvements and that it would only compound the problem not to grant the request. He would support the appeal. Mayor Parry agreed that it would certainly be more desirable if the corner lot could be obtained but under the circumstances there isn't another choice. He would support the appeal, It was then MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the Negative Declaration be approved and filed; that it is consistent with the General Plan and discharge from the parcel will not violate requirements of the California Regional Water Quality Control Board; that the project be approved subject to all conditions set forth in the staff report and that the director of Public Works be authorized to approve any subdivision agreement required for this parcel map. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb Planning Department's recommendation for an increase in the filing fee, for tentative maps from $300 plus $30 for each lot or unit to $600 plus $50 for each lot or unit. This would comply with the Subdivision Map Act and the change in fees will generate approximately the same revenue which has been derived under the current fee schedule, I Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4811 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 2 OF RESOLUTION NO. 4781 INCREASING THE FILING FEE FOR TENTATIVE MAPS." 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 2- 6-7 9 - 2 - MINIMUM' LOT AREA M-l ZONE (Clark St.) ; . I " t ). '. I I /.1: f YOUTIl COMMISSION (Disneyland) Sponsorship APPROVED .' I .' ~.' 23:9721 I" The City Council considered the request of Arnold Shugar for 'modification of Arcadia Municipal Code Section 9266.2.3 requirement .for 15,000 sq. ft. His lots contain approximately 13,340 sq. ft. This is industrial property and said section of the code permits the Council to approve an industrial development of a lot less than 15,000 sq. ft. where a hardship is clearly demonstrated. It was noted that the proposed facility. complies with the regulations. It was MOVED by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows that a hardship does exist and that the modification be permitted. AYES: NOES: ABSENT: Councilman Margett, Pellegrino, Saelid, Parry None Councilman Gilb Request of the Youth Commission that the City Council once again sponsor the Annual Youth Commission Excursion to Disneyland. It was noted by'the Superintendent of Parks and Recreation that last year's event proved to be the most successful to date with over 800 Arcadia students participating under supervision with no problems of any consequence. It was also noted that a profit of $95.46 was made last year which has been placed in a trust fund to cover any possible deficit in future years. Whereupon it was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that same be APPROVED. AYES: NOES: ABSENT: Councilman Margett, Pellegrino, Saelid, Parry None Councilman Gilb Council adjourned 'to an Arcadia Redevelopment Agency meeting. Council reconvened for AUDIENCE PARTICIPATION. " Dexter Blindbury, 1419 San Carlos Road, referred.to the speed of traffic on his street and felt the proposed speed limit increase would only compound the present hazard. He would rather have the speed (educed and gave examples of near misses with speeding vehicles. Robert'Carlson, 1441 San Carlos Road, also spoke to the danger on the street and said that a police car is never in the area which he felt could help in slowing traffic particularly between 7-8 a.m. and 5-6 p,m. He felt the proposed 35 mph is not the answer and recited the configuration of the street. Lura Blindbury, 1419 San Carlos, also appealed to the City Council for assistance stating in part that the freeway has created a death trap.. it is a residential street but the motorists do not seem to realize it... they are mostly hurrying to Sierra Madre as they traverse San Carlos. John McConaghy, 515 Arbolada, reiterated the statement that it is a real hazard and a grave situation. He urged that signs not be erected indicating the increased speed limit.. that if the police would be visible it would help. During this consideration the Director of Public Works and the Police Chief explained the reasons for the increased speed zones; in part that at present the police cannot use radar without the speed limits as recommended by the State Vehicle Code; that the City does not have speed zoning which is acceptable to the Courts. Reference was made to a comprehensive report on the survey taken on various streets in the City; that with the new limits the police may use radar and issue citations which will hold up in the court. 2-6-79 - 3 - Q \ENTA TIVE TRACT MAP 33902 \. . ", . TENTATIVE \ TRACT MAP 36287 j BONITA PARK LIGHTING STREET ~ CLOSURES \ ' EQUIPMENT PURCllASE APPROVED I ORDINANCE , NO. 1666 ADOPTED 23: 9722 Michael Ge~ito, 153 W. Floral, spoke to petitions which are being circulated for the curtailment of government spending; also the lack of sufficient parking in the downtown area; felt the City should do something about the use of spray painting and once again said he would like consideration be given to a lottery to create revenue for localities. Councilman Saelid spoke to the issue of street closure stating in part that the City Council is not interested in raising speed limits on . residential streets but does want to bring the traffic more under control and to be able to issue citations which hold up in court, He commented on the closure of Hugo Reid Drive and the 'improvement in traffic circulation thereafter. CONSENT ITEMS I APPROVED the tentative map of Tract No. 33902 to create a 32 unit condominium at 1135-1155 Arcadia Avenue - approved and filed the Negative Declaration and found that the project will not have a significant effect on the environment; that it is consistent with the General Plan and that the waste discharge from the tract would not result in a violation of the existing requirements set forth in the Water'Code. The Director of Public Works was authorized to execute the Subdivision Agreement. APPROVED the tentative map of Tract No. 36287 to create a 10 unit condominium at 409 Genoa Street subject to conditions in the staff report and an added condition that utility easements be provided as . deemed necessary by the Director of Public Works; that the Negative Declaration be approved and filed; that the tract is consistent with the General Plan and that the waste discharge from the tract would not result in.a violation of the existing requirements set forth in the Water Code; and that t he Director of Public Works be authorized to 'execute the Subdivision Agreement. "APPROVED plans. and specifications and authorized advertising for bids for the Bonita' Park Sports Lighting Job No. 477. Bids will be opened March I. 'This will be financed from Capital Improvement Project Funds and from the Parks and Recreation Facilities Fund. SCHEDULED public hearing for MARCH 20 on the temporary street closures for the Santa Anita Oaks area. All of the above were APPROVED on MOTION by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb I Council received the results and recommendation for the award of contract for the purchase of one hydraulic sewer cleaning apparatus mounted on a two-ton cab and chassis truck. Funds for the acqui- sition of this equipment are in the Sewer System Service Fund FY 1978-79, It was MOVED by Councilman Bellegrino, seconded by Councilman Margett and carried on roll call vote as follows that the equipment be purchased from the low bidder, Southwest Sewer Equipment Company, in the amount of $33,756.76. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented for the second time, explained the content 2-6-79 - b - I ORD !NANCE j., NO. 1667 \J ADOPTED q~ f " \ ORDINANCE NO. 1668 INTRODUCi I APARTMENT CONVERSION TO CONDOMINIUMS PLANNING DEPARTMENT STUDY I 23: 9723 and read the title of Ordinance No. 1666, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 9220.23, 9283.8.7, 9231,3 AND BY REPEALING ALL SECTIONS IN AND ADDING NEW SECTIONS TO TITLES 1, 2 AND 3 OF DIVISION 3, PART 5, CHAPTER 2, ARTICLE IX OF .THE ARCADIA MUNIC IPAL CODE AND BY ADDING SECTION 9283.8.9 THERETO, PERTAINING TO THE DEFINITION OF MULTIPLE DWELLING, PERTAINING TO FENCE, WALL, SHRUB AND LAND- SCAPING HEIGHT, AND USES AND REGULATIONS IN THE R-2 ZONE." It was MOVED by Councilman Margett, seconded by Councilman Sae1id 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, None Councilman Gilb Sae1id, Parry The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1667, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BElWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM." It was MOVED by Councilman Pellegrino, 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, Sae1id, Parry None Councilman Gi1b The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1668, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING AND ADDING SECTIONS TO DIVISIONS 1 AND 2 OF PART 2, CHAPTER 2, ARTICLE III THEREOF, INCREASING TIlE PRIMA FACIE SPEED LIMITS ON STREETS IN VARIOUS BUSINESS AND RESIDENCE DISTRICTS AND DECREASING THE PRIMA FACIE SPEED LIMITS ON STREETS NOT WITHIN BUSINESS AND RESIDENCE DISTRICTS." It was MOVED by Councilman Sae1id, 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 Margett, Pellegrino, Sae1id, Parry None Councilman Gilb Upon recommendation of the City Attorney the Planning Commission recommended an ordinance to amend the Subdivision Code to clarify, restate and declare that condominiums and community apartment projects, as covered by the Subdivision Code, also include cooperative multiple dwellings (i. e., stock, non-stock, trust cooperative apartment projects). It was felt this necessary because of a possibility that apartments might be converted into stock cooperatives in an endeavor to circumvent the Subdivision Code. An ordinance (No. 1669) has been prepared for this amendment. However, it was first MOVED by Councilman Pellegrino, seconded by Councilman Sae1id and carried unanimously that the Planning Department conduct necessary studies to analyze the land use impact and impact on the multiple dwelling rental supply of newly constructed cooperative multiple dwellings and the conversion of existing multiple dwellings into cooperatives. It was also MOVED by Councilman Margett, seconded by Councilman Sae1id 2-6-79 - 5 - ORDINANCE NO. 1669 INTRODUCED J EMERGENCY ORDINANCE NO. 1670 ADOPTED (Terminates June 6, 1979) J " \ ~'.\\ RESOLUTION NO. 4810 ADOPTED (Public Hearing Date: MARCH 6, 1979) SHORT RANGE TRANSIT PLAN (Dial-a-ride) ~1;. ,() \ \ 23: 9724 and carried unanimously that the negative declaration be approved and filed and that the project will not have a significant effect on the environment. The City Attorney then presented for the first time, explained the content and read the title of Ordinance No. 1669 entitled: '~N ORDINANCE OF THE CITY OF ARCADIA AMENDING DIVISION 1, PART 1, CHAPTER 1, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE DECLARING THAT EXISTING SUBDIVISION CODE APPLIES TO CO-OPERATIVE MULTIPLE DWELLINGS AND EXPRESSLY INCLUDING THEM THEREIN." 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 Margett, Pellegrino, Saelid, Parry None Councilman Gilb I The City Attorney presented, as an emergency ordinance, Ordinance No. 1670 entitled: "AN URGENCY ZONING ORDINANCE OF THE CITY OF ARCADIA IMPOSING A MORATORIUM ON THE CONSTRUCTION OF CO-OPERATIVE MULTIPLE DWELLINGS AND THE CONVERSION OF EXISTING MULTIPLE DWELLINGS INTO CO-OPERATIVES AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE." The document was read in its entirety by the members of the City Council and the City Attorney. It was MOVED by Councilman Margett, seconded by Councilman Saelid and carried unanimously that the Negative Declaration be approved and filed and find that the project will not have a significant effect on the environment. It was further MOVED by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote as follows that Emergency Ordinance No.. 1670 be and it is hereby ADOPTED. The effectiveness of this ordinance will terminate on June 6, 1979. 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. 4810, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERLAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF." 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. Councilmen Margett, Pellegrino, Saelid I None ABSTAIN: Mayor Parry, due to his business affiliation Councilman Gilb AYES: NOES: ABSENT: Council received the Short Range Transit Plan for Dial-a-Ride FY 1980 to FY 1984 as prepared by the Wilbur Smith & Associates and financed in part through a Grant from the U.S. Department of Transportation Administration under the Urban Mass Transportation Act of 1964 as amended. It was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the City's Short Range Transit Plan and Transportation Improvement Program for FY 1980-84 be APPROVED and that staff be and it is hereby AUTHORIZED to submit same to the Southern California Association of Governments and the Los Angeles County Transportation Commission. AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Saelid None Councilman Gilb 2-6-79 . 6 - ,/ , APPOINTMENT ARCAD IA BEAUTIFUL COMMISSION CLAIM DENIED FITZPATRICK I CLAIM I DENIED (Hench) I CLAIM DENIED (Medaris) I CLAIM DENIED (Guglielmi) ADJOURNMENT I 23:9725 On MOTION by Councilman Pellegrino, seconded by Councilman Saelid and carried on roll call vote as follows Mrs, Kim Zecher, 2300 Greenfield Avenue, was appointed to the Arcadia Beautiful Commission to fill out the unexpired term of Charles Neuberg (June 30, 1979). ( On recommendation of the City Attorney, the claim filed by Attorney Herman Zayon on behalf of Tom Fitzpatrick, Guardian Ad Litem for Jeanine Fitzpatrick, Michael Fitzpatrick and Joanne Fitzpatrick, was DENIED on MOTION by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None Councilman Margett. Pellegrino, Saelid, Parry Gilb On recommendation of Margett, seconded by vote as follows that DENIED. City Clerk the City Attorney it was MOVED by Councilman Councilman Pellegrino and carried on roll call the claim of John E. and Carmen E. Hench was Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb On recommendation of the City Attorney it was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the claim of Dr. Donald E. Medaris be DENIED, Councilmen Margett, pellegrino, Saelid, Parry None Councilman Gilb On recommendation of the City Attorney it was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the claim of Mrs. Anna Guglielmi be DENIED. Councilmen Margett, Pellegrino, Saelid, Parry None Councilman Gilb At 10:40 p.m. the meeting adjourned to February 20 in memory of retired Fire Captain Kenneth Havorka and Dr. Charles Googooian. ~Q, AYES: NOES: ABSENT: AYES: NOES: ABSENT: AYES: NOES: ABSENT: ATTEST: ~~ . 2-6-79 - 7 -