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HomeMy WebLinkAboutAPRIL 17,1979 (2) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PRESENTATION OF COLORS PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL COUNCIL REORGANIZATION 1 23:9760 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 17, 1979 The City Council of the City of Arcadia, California met in regular session on Tuesday, April 17, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Margaret Stevens, Santa Anita Church Arcadia American Legion Post No. 247 - United States and California Flags were presented, H. Park Webster, Post Commander PRESENT: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None On MOTION by Councilman Saelid, seconded by Councilman Margett and carried'unanimously the Minutes of the Adjourned regular meeting of March 13, the Adjourned Regular and the Regular meetings of April 3 1979 were APPROVED. Pursuant to Article IV, Section 404, Subsection (b) of the Arcadia City Charter,in odd numbered years ,the Council should choose one of its members as Mayor and on~ of its members as Mayor Pro Tempore. Whereupon Councilman Pellegrino placed in nomination' the 'name of Councilman Robert G. Margett to act as Mayor for the ensuing year. Councilman Gilb seconded the nomination and Councilman Saelid MOVED to cast a unanimous ballot. Motion seconded by Councilman Gilb and carried. Councilman Margett placed in nomination the name of Councilman Pellegrino to act as Mayor Pro Tempore for the ensuing year. Councilman Saelid seconded the nomination and Councilman Gilb moved to cast a unanimous ballot. Motion seconded by Councilman Saelid and carried. Councilman Parry then presented the gavel to Mayor Margett extending every good wish. He then expressed appreciation for the opportunity of serving in the capacity of Mayor for 1978-79 and introduced his family. Mayor Margett then presented Councilman Parry with a plaque from the members of the City Council, the City Clerk and the City Manager, for his efforts and accomplishments during his tenure as Mayor. Mayor Margett thanked his colleagues for the honor of being elected Mayor and made statements concerning his hopes for the future, including revenue sources for helping children with special need and affordable housing for senior citizens. He then introduced members of his family, Councilman Pellegrino expressed appreciation for being elected Mayor Protempore and introduced his family. Councilman Saelid introduced members of his family and Councilman Gilb said his family was unable to be present. RECESS 4-17-79 ROLL CALL HEARING (Van Housen) r / l^ I ~ \ ,) I , HEARING (Mining Permits) /' TRACT NO. 36895 Tentative Map e' I' 'II ,~ / t'l/ 23:9761 The reorganized- COOneil tfien reconvened. PRESENT: ABSENT: Councilmen Gilb, rarry, Pellegrino, Saelid, Margett None Application of Richard Van Housen for a bond split - Assessment District 72-1 Parcel 10. Council received a report and an amended assessment which was prepared at the request of the property owner and conforms to the lines of ownership of the affected properties. Mayor Margett declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Parry and carried unanimously. Councilman Saelid then MOVED to accept the amended assessment, direct the City Attorney to prepare the legal documents and to authorize the City Cleri to file the report with the County in conformance with the Streets and Highways Code. Motion seconded by Councilman rarry and carried on roll call vote as follows: 1 AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Planning Commission Resolution 1092 recommending an additon to the Arcadia Municipal Code establishing procedures for surface mining permits and the review of reclamation plans. Mayor Margett declared the hearing open and.no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unanimously. It was further MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the Negative Declaration be approved and filed; that Council finds the project will not have a significant effect on the environment and that the City Attorney be directed to prepare the appropriate ordinance. AYES: NOES: ABSENT: Councilmen Gilb, Parry, rellegrino, Saelid, Margett None None Planning Commission recommendation concerning approval of the tentative map of Tract No. 36895 to create a 23 lot subdivision located north of Foothills Junior High School, an extension of Oak Haven Road. Conditions of this approval were set forth in staff report dated April 17. A communication was submitted from the developer requesting , an amendment to the existing tract map to make the development a private road with a gated entry and open pedestrian access. He felt this would provide the best possible control in order to guarantee that cars coming down the grade would not pick up excessive speed when passing by the Junior High School. He noted ways in which this could be accomplished. He also proposed that from lot 14 to 22 sidewalks b~ provided only on the south side of the street and on the north side an erosion control provision be established in order to control any run-off during a rainy season. Also that sidewalks be provided on the east side of Oak Haven from the property to the high school's sidewalks in order to provide safe access for children leaving the subject property. 1 Councilman Saelid indicated he had concerns about high speed traffic coming down Oak Haven and going right past the Junior High School and that the method submitted by the developer answers his concerns - that people would have to stop on either entering or exiting the subdivision... city work forces could gain access by virtue of a key or something of the like to allow access of emergency vehicles. Councilman Pellegrino stated in part that he favored the suggestion and likened it to other private road developments in other cities. 4-17-79 - 2 - 1 (See Pg. 6) 1 TRACT NO. 36755 Tentative Map APPROVED P 5jl :)11 J . ~...... 23:9762 Councilman Gilb commented that some of the suggestions might be too stringent on the developer - that perhaps he could not deliver; that a provision that the traffic would have to stop and then start up again would certainly help. He agreed to the methods submitted by the subdivider. The developer, Charles Bluth, 250 Oakhurst Lane, explained in detail his proposals.. that he has discussed the idea with some potential clients and they said they would be happy to absorb any additional cost for the additional security. He continued in part that it is questionable whether or not it would hurt the sale of the property.. he had discussed it with city departments and their attitude was that there isn't a problem and if a problem is created it could be dealt with at that time.' In response to a question Mr. Bluth said in part that if the property to the north is developed it would take a recorded legal document providing future easement rights across the road. He noted he is in escrow at the present time on the 30 acres to the north... During this consideration the Planning Director explained the views of the Planning Commissioners - that they did not believe there was a problem which needed the type of solution being discussed... that there is sufficient distance between even where a gate may be located and critical parts of the Junior High School - that if speeding were a problem it would be there with or without the gate. He felt the proposed action of the City Council would tend to slow the vehicles down at least at the north part of the Jr. High School more than if the gate were not provided. Mayor Margett commented in part that it might be conjecture on the part of the Council.. that it is unknown whether or not there would be a speeding problem.. he could understand safeguards being taken... but he expressed concerns about creating a rather exclusive type community.. that he is all for safety.. but in this instance there are only 23 homes which would not bring about a heavy traffic problem... that there are other areas in the city with as much of a traffic problem.. that to treat this as an exclusive problem does not do justice to the balance of the community. He felt Council could not go through the city and watch out for every problem or potential problem when it is not known if one exists. Councilman Saelid then MOVED to approve the tentative map of Tract No. 368~5 with the change to provide limited access to the area by virtue of a private gate and a private roadway system as . offered by the developer - deleting the north sidewalk from Lot 14 to'22; that the developer provide a sidewalk connecting the sub- division with a sidewalk on the east side of Oak Haven Road down to the Foothills Jr. High School; that a private easement be provided for future development to the north over the private roadway system in form approved by the City Attorney and that Council hereby adopts by reference the findings set forth in Section 2 of the Planning Commission Resolution No. 1096 making findings and facts for the project. Motion seconded by Councilman Gilb and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid Councilman Margett None Planning Commission recommendation concerning the tentative map of Tract No. 36755 - 26-34 Genoa Street (8 unit condominium). Conditions were outlined in the staff report dated April 17, 1979. It was MOVED by Councilman Parry, seconded by Councilman Pellegrino and carried on roll call vote as follows that the Negative Declaration be approved and filed and find that the project will not have a significant effect on the environment; that the tract is consistent with the General Plan; the waste discharge fromfue tract will not result in a violation of the existing requirements set forth in the Water Code; that th~ Director of Public Works be authorized to approve the 4-17-79 73- 23:9763 subdivision agreement and that as such the tentative map be APPROVED: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Hargett None None At this time the City Council adjourned to act as the Redevelopment Agency and reconvened immediately thereafter. AUDIENCE PARTICIPATION TRACT NO. 35726 JNSURANCE (,,; \:~ LIABILITY J BARKING DOG I (May 2) STOP SIGN ,1 " ~ ~ ~, I f: P I:'J y~~ AMERICAN SAVINGS PERMIT EXTENSION ORDINANCE NO. 1674 ADOPTED. / Herb Fletcher, 175 W. Lemon Avenue, referred to Mayor Hargett's reference to the need for new sources of revenue and submitted that Council consider using the $112,000 reflected in the Capital Improvement Program for lighting the new soccer field adjacent to the I' City Hall toward senior citizen housing. Councilman Saelid commented in part that although there has been a public hearing on the program the City Council has not had the opportunity to consider the various items and therefore has not taken any action. The Superintendent of Recreation and Parks submitted that the field is actually a multi- purpose field and will not be used exclusively for soccer. I CONSENT ITEMS APPROVED the final map of Tract No. 35726 for a 7 unit residential condominium at 1116 Arcadia Avenue. APPROVED the recommendation concerning liability insurance protection for all elected and appointed officials. SCHEDULED a public hearing for May 2 On a barking dog complaint at 1323 S. Santa Anita Avenue. RECEIVED report on the survey taken concerning whether or not'the residents of Alta Oaks Drive and Wilson Avenue desired stop signs at all approaches to the intersection. All of the above consent items were APPROVED on MOTION by Councilman Parry, seconded by Councilman Pellegrino and carried on roll call vote as fo llows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, pellegrino, Saelid, Hargett None None Council received the request of the American Savings and Loan ; Association for a two year extension on the variance from the Bullding Code granted June 1, 1976 which permitted the use of 30 N. Santa Anita for two years. An extension of 12 months was granted on January 31, 1978. It was stated that the Association is working with the staff of the Redevelopment Agency to secure a permanent location. It was the consensus of the Cit y Council that it would grant a one 1 year extension and was not favorable to another extension at the end of the one year. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote that a one year extension be granted. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1674, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARTICLE IX, CHAPTER 2, PART 7, DIVISION 5, AND PART 9, DIVISIONS 1 AND 2 OF THE ARCADIA MUNIC IPAL CODE INCREASING THE EXPIRATION TIME FOR CONDITIONAL USE PERMITS, VARIANCES, ADMINIS- TRATIVE MODIFICATIONS AND MODIFICATIONS FROM SIX MONTHS TO ONE YEAR." 4-17-79 - 4 - .I ORDINANCE NO. 1675 INTRODUCED v 1 ORDINANCE NO. 1676 INTRODUCED I , RESOLUTION NO, 4816 ADOPTED / 1 , RESOLUTION NO. 4817 ADOPTED I 23:9764 It was MOVED by Councilman Parry, 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 Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney distributed copies of a redrafter Ordinance No. 1675 which he felt more accurately reflects the action of the City Council taken on April 3, 1979. He then explained, the content and read the title of Ordinance No. 1675, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.21 OF THE ARCADIA MUNICIPAL CODE TO REZONE PROPERTY AT 2633 LOUISE AVENUE FROM C-O D'TO R-l AND PR-l AND PROHIBITING VEHICUlAR INGRESS OR EGRESS FROM SAID R-l PORTION TO SAID PR-l PORTION." 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, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1676 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO SECTION 6214.6 REQUIRING OWNERS TO PAY ANY BUSINESS LICENSE FEE DUE FROM THEIR CONTRACTORS AND CONTRACTORS TO PAY ANY BUSINESS LICENSE FEE DUE THEIR SUBCONTRACTORS OR MATERIALMEN PERFORMING ANY WORK OR IMPROVEMENT PRIOR TO FINAL INSPECTION OR ISSUANCE OF CERTIFICATE OF OCCUPANCY ON COMPLETION OF SUCH WORK OR IMPROVEMENT." It was MOVED by Councilman Pellegrino, 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 INTRODUCED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4816 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEFERRING TO THE JUDGMENT OF APPROPRIATE CITIES AND OPPOSING SPECIFIED PROPOSALS TO CONSOLIDATE CITY-COUNTY SERVICES." 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 ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The City Attorney presented, explained the content and read the title of Resolution No. 4817 entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING AFFILIATION OF THE ARCADIA PUBLIC LIBRARY WITH THE METROPOLITAN COOPERATIVE LIBRARY SYSTEM, ADOPTING ITS PLAN OF SERVICE, AUTHORIZING APPLICATION FOR SYSTEM FUNDING AND AUTHORIZING THE LIBRARY DIRECTOR TO SERVE ON ITS COUNCIL AND TO IMPLEMENT THE AFFILIATION." It was MOVED by Councilman Parry, seconded by Councilman Gilb and carried on roll call vote as follows that the further reading of the 4-17-79 - " - CLAIM DENIED STREET CLOSURE TRACT NO. 36895 (Tentative Map) See Page 3 l, SAELID \ PARRY \ GILB Ii EXECUTIVE SESSION AND ADJOURNMENT 23:9765 full text be waived and that,the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None On recamnendation of the City Attorney the claim of Robert Keith Carlson was DENIED on MOTION by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Discussion held on the communication prepared by the Director of Public Works for submission to residents in the Santa Anita Oaks area concerning street closure. Council indicated approval of the letter with some rearrangements. 1 On recommendation of the Planning Director it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the motion in connection with the Tentative Map of Tract No. 36895 include the adoption by reference of the findings set forth in Section 2 of Planning Commission Resolution No. 1096. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Reported on a meeting he and Police Chief Mitchell had with residents on Mayflower Avenue concerning a solution to the speed on that street. With the concurrence of the City Council staff will make a cursory study with report on whether or not stop signs would be warranted in that area. Referred to the desire of an agency for the deaf to meet with the City Council to impart the problems of the deaf in'the community. Mayor Margett indicated such a meeting could be arranged. Referred to businesses being operated in an R-l zone and submitted a particular instance. The Planning Director advised that the Commission was considering this problem and the City Attorney sub- mitted that such an operation should not be permitted to continue beyond the present 30 day notice period. Staff will investigate. Council entered an executive session at 10 p.m. and adjourned at 11 p.m. to 12 noon April 19, 1979 in the Conference Room. 1 ~h~p yar ATTEST: ~~~ .~/ City Clerk ~ 4-17-79 - 6 -