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HomeMy WebLinkAboutMAY 1,1979 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEAR ING (Zoning) J 1 p~ \ 1 D Y HEARING (Fence) 23: 9770 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 1, 1979 Tbe City Council of the City of Arcadia, California met in regular session on Tuesday, May I, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Charles Crismier, Jr., Arcadia Friends Church City Clerk Christine Van Maanen Mayor,Margett presented Rev. Crismier with a Proclamation for National Family Week. PRESENT: ABSENT : Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None On MOTION by Councilman'Gilb, seconded by Councilman Parry and carried unanimously the minutes of the regular meeting of April 17 and the adjourned regular meeting of April 19, 1979 were APPROVED. Planning Commission Resolution No. 1091 recommending amendments to the R-O (First One-Family zone) and R-l (Second one-Family Zone) and R-O and R-l definitions in the "Establishment of Zones" Section of the Municipal Code and deleting the R-2 (7.5) zone designations. Tbe Planning Director explained in some detail that the text amendment recommends a major reorganization of the R-O and R-l zones both of which are for single family residential zones although not a great deal would be changed in terms of Code requirements. Actually it is a language clarification. 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. During the consideration a clerical correction was noted and will be part and parcel of the motion. It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the recommendation be approved with the correction in 9252.2.11.4 (substituting the words "between buildings on any lot" at the end of the sentence); 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, Pellegrino, Saelid, Margett None None Appeal filed from the decision of the Planning Commission in allowing a fence to remain on the street side of a corner lot at 740 W. Lemon Avenue. Resolution 1097 sets forth the findings of the Commission. The appellant, Elizabeth R. Tesins of 1810 S. Rowland Avenue, adjacent to the subject property, felt the 6 ft. high fence was a violation of the Code. Staff noted the facts surrounding this case that the property owner at 740 W. Lemon Avenue had been advised of 5-1-79 - 1 - HEARING (Apartment conversion) ) I : . ,~; 't "~I' <J" , I ~~...--..~ 23:9771 the requirements and he subsequently filed a modification application. The Modification Committee approved the application as it was felt the fence was not required to have a corner cutoff for vehl~le aDd pedestrian 8a~ety clue to the dele 4DAI rear .stueD of the fsace. Investigation revealed that careful egress onto Rowland Avenue from the driveway adjacent to the fence at 1810 Rowland Avenue would not create a traffic hazard. When the matter came before the Planning Commission on appeal the Commission denied the appeal and approved the modification. Mrs. Tesins subsequently appealed to the City Council on the same grounds. Mayor Margett declared the hearing open and Vinita McClosky Elkins, 1818 Rowland Avenue, said in part that she objected to the 6 ft. fence.. it is a board fence which if permitted other property owners could also construct similar fences and this would detract from the area. In response to a question the Planning Director said it doesn't make any difference in the type of material used. 1 No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Saelid and carried unani- mously. Councilman Gilb stated in part that ,the site has been reviewed and the staff reports have been studied; that he could understand the situation with the fence but it doesn't create that much of a problem and MOVED to deny the appeal. Councilman Pellegrino seconded the motion. Councilman Saelid commented that although Mrs. Tesins says she would be favorably inclined to accept a compromise of cutting the fence to 5 ft. in height - that would not ease the situation in terms of visibility.. perhaps Council is involved in a neighborhood situation. Roll call vote was then called. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Appeal from the Planning COllllllission' s denial of a tentative parcel Map (79-4) to convert a four-unit apartment into a condominium at 53 California Street. It was noted by staff that the Commission felt the required modifications were not minor and Would create a non-conformity with the Arcadia Municipal Code and that the conversion would not comply with the intent and purpose of the code. The site is zoned R-3 and the construction is still underway and complies with the present R-3 regulations. The requested conversion is consistent with the density standards in the R-3 zone and the General Plan. Mayor Margett declared the hearing open and Stanley Kirst, 137 E. Huntington Drive, representing the applicant (Thomas Fiorille) stated in part that the building had a final inspection on April 25 and explained modifications which had been granted almost two years ago - that it would upgrade the neighborhood whether or not it was an apartment or a condominium. He noted the landscaping and patios to be provided. No one else desiring to be heard the hearing was CLOSED on MOTION by 1 Councilman Gilb, seconded by Councilman Parry and carried unani- mously. Councilman Saelid stated in part that he had visited the site and he could understand the Planning COllllllission's concern about desiring more interesting types of developments; but it is very difficult to be imaginative in designing a 50 ft. wide lot in an R-3 zone; the City had approved the modifications and the developer has gone ahead and has chosen to make it a condominium and, now it appears that the City is saying perhaps it should not go along with those modifications granted almost two years ago... He felt somewhere along the line a moratorium of this type of development should be established until new standards are developed but the building in question has been constructed pursuant to regulations. Councilman Parry cOllllllented in part that regardless of what is done at this meeting the building has been approved and constructed according 5-1-79 - 2 - 1 HEARING (driveway ramp) p. C orl]) D 1 HEARING (Barking nuisance) ,. '. i. ".'" 23:9772 to ~equirements and he could not see what would be accomplished as long as it meets the other standards for a condominium conversion. Councilman pellegrino said in part that there is not too much difference between apartment or condominium regulations; that it has been constructed according to standards --- he would go along with approval but he is against rentals. Mayor Margett said in part that he could understand the observations by the Council; however he has concerns about condominium conversions.. especially when it comes to the inventory of available housing in the city. Condominium conversions are on the increase at the present time and the situation should be addressed more stringently in the future. That condominiums represent more amenities for family living than are in the subject project which to him is, to all intents and purposes, an apartment building. Councilman Saelid MOVED to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment; that the tract is consistent with the General Plan and that the waste discharge would not result in a violation of the existing requirements set forth in the water code and that the appeal be sustained. Motion seconded by Councilman Gilb. Roll call then taken: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid Councilman Margett None Request for a modification of the Building Code requirements for a driveway ramp for a proposed condominium at 452 - 464 W. Huntington Drive. The Planning Director explained the situation and th~t it comes down to the encroachment of part of the proposed ramp into the public right-of-way. The proposed new standards recommend that the transition area of a driveway ramp be located entirely on private property. The Director of Public Works has noted that the parkway grade must be maintained and curbs or other verticle projections within the parkway are prohibited. Mayor Margett declared the hearing open and Louis Rodwell, architect, 1041 East Green Street, Pasadena, stated in part that when he filed the application he was under the impression that the new standards had not as yet been adopted; he also noted that Huntington Drive is the only street with such a wide parkway (16 feet) from the property line to the curb. The other streets mostly have a 10 foot setback and he is asking for the 6 ft. difference. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unani- mou~ly. In response to an inquiry the Planning Director said in part that there are very few remaining vacant lots for development which might involve this type of a driveway however existing developed properties on Huntington Drive are being redeveloped. Councilman Gilb MOVED to approve the modification request subject to the condition that the driveway ramp, with the grade and transition areas as specified in the staff report, shall not encroach into the public right-of-way. Motion seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None Staff advised of the complaints received about barking dogs at 1323 S. Santa Anita Avenue and the efforts to have the situation corrected. The owners of the dogs were notified pursuant to the Municipal Code Sections and to date an improvement has not been apparent. This 5-1- 7 9 .3- 23: 9773 public hearing was scheduled and Mayor Margett declared the hearing open; Sheldon Howard, 1323 S. Santa Anita Avenue stated in part that the dogs are being put into the garage at about 9 p.m. and he makes every effort to bring the dogs into the house in the daytime if they start barking.. that they do bark at sirens and when persons come into the driveway.. that there are also other dogs in the neighborhood. He submitted that in any event the situation will change by September of this year. He also felt some improvement has been accomplished. Glenn Moore, 14 LeRoy Avenue, said in part that his property backs up to 1323 S. Santa Anita Avenue, that he had hoped the situation could have resolved itself but it has not - that his master bedroom which was constructed about two years ago backs up to tpe property 1 with the dogs.. that the barking resounds across his pool to his bedroom.. that the barking has not ceased; that a police officer had also heard the noise. , Mary L. Tuxford, 1332 Highland Oaks Drive, said in part that dogs do not bark unless there is something wrong with them... sometimes it is a cat that starts them or they are without food or water. Hal Goodman, 15 W. Naomi Avenue, recited some instances where the barking of the dogs had interfered with his business telephone calls ~ and that he has changed plans for his backyard due to the nuisance. It was MOVED by Councilman Saelid, seconded by Councilman Parry and carried on roll call vote as follows that the hearing be CONTINUED to the next regular meeting; that the City Attorney prepare a resolution, finding that a public nuisance does exist,for Council consideration at that time. (It was noted that the situation must be resolved.) HEARING (PARKING Handicapped) vi RESOLUTION NO. 4818 ADOPTED I APARTMENT CONVERSION STUDY ., , AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Parry None None Request of Paul H. Laut, manager of the West Arcadia Hub Shopping Center, that the Arcadia Police Department enforce the handicapped parking restrictions on',the parking lot owned by Arcadia Parking, Inc., bounded by Duarte Road, Baldwin Avenue, Naomi and residential structures. Pursuant to Vehicle Code Section 21107.8(c) this public hearing has been scheduled. Mayor Margett declared the hearing open and during this discussion Police Captain Johnson said the department periodically patrols the subject area. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unanimously Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4818, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING ENFORCEMENT OF HANDICAPPED PARKING RESTRICTIONS ON THE PRIVATE PARKING LOT BOUNDED BY BALDWIN AVENUE, DUARTE ROAD, NAOMI AVENUE AND RESIDENTIAL STRUCTURES WEST OF BALDWIN AVENUE AT THE REQUEST OF TIlE CMNER- OPERATOR ARCADIA PARKING, INC." 1 It was MOVED by Councilman Gilb, seconded by Councilman Parry 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 Planning Commission Resolution 1099 proposed that a study be made of 5-1-79 - 4 - / 1 ,LIBRARY ./' BOARD ~~ SENIOR CITIZENS Housing Study 23: 9774 the impact of the conversion of multiple dwellings into cooperative multiple dwellings, zoning proposals therefor, and recommended the adoption of an emergency ordinance prohibiting any proposed conversions for four months. During this consideration Joseph Sargis, Chairman of the Planning Cpmmission, said in part that the Commission expressed concerns about the incessant rush to convert ~verything into a condominium.... that a difference in standards should be established.. condominiums I are really homes whereas apartments are usually occupied on a temporary basis. He noted the extent of the proposed study in an endeavor not to make mistakes at this point and felt it is a proper planning function. It was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that the City Attorney be instructed to prepare an emergency ordinance implementing the recommendations of the Planning Commission in Resolution No. 1099. AYES: NOES: Councilmen Gilb, Pellegrino, Saelid, Margett Councilman Parry (was not in favor of a maratorium at this time, however he was in accord with the ultimate objective, but would like to see a study get underway now.) None ABSENT: An agenda item concerning the request of the Library Board for adoption of an increased workload level for the Library Budget 1979-80'was considered at the pre-agenda meeting. The Senior Citizens' Commission submitted a request that a site study be started for senior citizen housing. Councilman Saelid, Council Liaison to the Commission, explained the situation and it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that staff be authori.ed to begin an area study for such purpose. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None AUDIENCE PARTICIPATION 1 John Joseph, 408 N. First Avenue, expressed appreciation to the Council for the action it had just taken - for a study for senior citizen hou~ing. Herb Fletcher, 175 W. Lemon Avenue, referred to the senior citizen housing project and suggested a site which could be considered - that of the so-called rose garden on County property at Holly and Campus. He also referred to State Gas Tax monies earmarked for traffic signals and felt a better use could be found for this money.. that it may take another proposition to get a ceiling placed on government spending. Councilman Saelid commented to this in part - that it is it problem for local governnent to resolve and if it is not done there will be an absolute loss of local control. Mrs. Mary Tuxford, 1332 Highland Oaks Drive, asked the City Council to stay with the Los Angeles County Animal Control, and said she was speaking for many neighbors. Councilman Gilb answered in part that the City has pulled out of the San Gabriel Valley Humane Society and had contracted with the County for services; that the problem has been resolved for Arcadia; that Council has acceded to the desires of the residents. He felt the many telephone calls and letters were unwarranted. As far as he is concerned he would like to stay with the County.... and submitted that a staff report will be forthcoming (May 15). 5-1-79 - 5 - TRACT NO. 37.279 ADVERTISE FOR BIDS / HEARING .; MAY 15 WORK ! Ij't. :!- '::.. ACCEPTANCE MAYFLCMER AVENUE TRAFF IC v' MILEAGE INCREASED "..-' ORD INANCE NO. 1675 ADOPTED / ORDINANCE NO. 1676 ADOPTED t/ 23:9775 CONSENT ITEMS / APPROVED the tentative map of Tract No. 37279 for a 9 unit residential condominium at 749 Arcadia Avenue. APPROVED the plans and specifications and authorized the City Clerk to advertise for bids for the recoating of Orange Grove Reservoir Nos. 3 and 4. SCHEDULED hearing for May 15 on the extension of a moratorium on construction of cooperative multiple dwellings. ACCEPTED the work performed by Environmental Landscape Company for Wheeler Street Parking Lot Landscaping, Job No. 476 and authorized final payment pursuant to the terms of the contract. 1 RECEIVED the report on Mayflower Avenue traffic concerning stop signs. On MOTION by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows all of the above Consent Items were APPROVED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid, Margett None None The Finance Officer presented a detailed report of the current reimbursement program which is made monthly upon receipt of a mileage report completed by the employee and approved by the department head. Recommended in the report dated May 1 was a higher mileage reimbursement for employees who are required to use their personal car on a regular basis because of higher driving costs. These are based on the significant increases in fixed and variable driving costs. Statistics were quoted from the 1979 edition of "Your Driving Costs" published by the American Automobile Association. It was MOVED by Councilman Gi1b, seconded by Councilman Saelid and carried on roll call vote as follows that the recommen- dations be APPROVED. 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. 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 VEHICUIAR INGRESS OR EGRESS FROM SAID R-l PORTION TO SAID PR-l PORTION." It was MOVED by Councilman Gilb, seconded by Councilman Parry carried on roll call vote as follows tqat the further reading full text be waived and that the same be ADOPTED. 1 and of the 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. 1676, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING mE 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 OR COMPLETION OF SUCH WORK OR IMPROVEMENT." 5-1-79 - 6 - ORDINANCE NO. 1677 INTRODUCED 1 RESOLUTION NO. 4819 ADOPTED V" SAELID PARRY 1 ADJOURNMENT TO DATE CERTAIN 23 :9776 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 None None Gilb, Parry, Pellegrino, Saelid, Margett ~ / /' Tbe City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1677 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 2671.5 TO THE ARCADIA MUNICIPAL CODE SUSPENDING THE EFFECT OF THE UTILITY USERS TAX ON USERS OF WATER THROUGH THE PIPES OF A WATER CORPORATION UNTIL THE CITY OF ARCADIA ELECTS TO MAKE PAYMENTS IN LIEU OF THE IMPOSITION OF THE METROPOLITAN WATER DISTRICT TAX." 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 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. 4819 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RATIFYING THE PREPARATION AND FILING OF AN AMENDED ASSESSMENT AND CONFIRMING AMENDED ASSESSMENT OF ORIGINAL ASSESSMENT FOR PARCEL NO. 10 OF ASSESSMENT DISTRICT 72-1 ADOPTED BY TIlE CITY COUNCIL FOR IMPROVEMENTS IN THE CHICAGO PARK AREA." It was MOVED by Councilman Gilb, seconded by Councilman Parry 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 , . ,/ Said he has been informed by a member of the Sister City Commission that a youth soccer team from Newcastle, Australia, will be in the city this week end. .,/" Suggested that appropriate recognition be extended to John Sinclair, Principal of the Hugo Reid Primary School, for his quick action in saving the life of a young man recently. At 10 p.m. the meeting adjourned in memory of Jack Phillips to May 8 at 5 p.m. in the Conference Room. ATTEST: ~~LJ City Clerk 5-1-79 - 7 -