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HomeMy WebLinkAboutJULY 17,1979_3 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I m,="oo PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING Driveway Ramp Modifica tion APPROVED } ~: .) L:~ I HEARING (Assessment) APPROVED 101 f', I r 23:9826 M I N U. T E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 17, 1979 The City Council of the City of Arcadia, California met in regular session on Tuesday, July 17, 1979 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Paul Chaney, Emmanuel Assembly of God Councilman Pellegrino PRESENT: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett Councilman Saelid Councilman Saelid was excused on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. The minutes of the adjourned and regular meetings of June 19 were APPROVED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. The minutes of the adjourned regular meeting of June 27 were APPROVED on MOTION by Councilman Gilb, seconded by Councilman Pellegrino and carried unanimously. Councilman Parry did not vote on these minutes as he was absent on said day. The meetings of the adjourned and regular meeting of July 3, 1979 were APPROVED on MOTION by Councilman Parry, seconded by Mayor Margett and carried unanimously. Councilmen Gilb and Pellegrino did not vote as they were absent on that date. Request for modification of the Building Code requirements of a driveway ramp for a proposed condominium at 735 Arcadia Avenue. Staff noted that the driveway ramp design complied with the standards currently being considered by the Planning Department. (, " Mayor Margett declared the hearing open and Roy A. Mau, 110 W. Naomi spoke in support of the request. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried. It was further MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the modification be and it is hereby granted. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett None Councilman Saelid Pursuant to Council authorization of April 3, 1979, curbs and gutters were constructed at 275 Colorado Place - using the Short Form of the 1911 Assessment District Act.. Funds used for this work are to be paid back to the City by an assessment against the affected property. l/Y Mayor Margett declared the hearing open and no one desiring to be r~ heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. In order to consider the following documents it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the provisions of the Procedural Ordinance be WAIVED. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett. None Councilman Saelid 7-17-79 - 1 - / RESOLUTION NO. 4845 and RESOLUTION/' NO. 4846 ADOPTED 23:9827 Councilman Gilb then presented and read the titles of the following two resolutions, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING THAT THE PAYMENT OF CERTAIN ASSESSMENTS UNDER THE IMPROVEMENT ACT OF 1911 MAY BE MADE IN ANNUAL INSTALLMENTS (COLORADO PLACE)." "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONFIRMING THE COST OF CONSTRUCTION OF CURBS AND GUITERS AND ASSESSING THE COST AGAINST THE ADJACENT PROPERTY PURSUANT TO THE IMPROVEMENT ACT OF 1911 (COLORADO PLACE)." 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, Margett None Councilman Saelid I AUDIENCE PARTICIPATION Mrs. Betty Snelling, 1131 Valencia Way, asked that Valencia Way be closed to thru traffic. She felt the corrective measures already taken have not solved the problem. The City Engineer said in part that the last traffic count indicated a considerable reduction in traffic, however, another could be taken if Council so desires. Mrs. Snelling was advised that Council and staff are well aware of the situation and will continue to keep a check. Glenn Wunderly, 320 Hacienda Drive, referred to a problem he has had for some time with a large oleander hedge belonging to his neighbor to the east. He told of what has transpired during the last year when he discussed it with the Building Department. At that time there was a specific height requirement but this was subsequently changed and the neighbor received a modification to permit the hedge to remain at its current height. Mr. Wunderly was advised that it is something he should work out with his neighbor - that the Council has to abide by the requirements as they currently exist. Herb Fletcher, 175 W. Lemon Avenue, stated in part that as a City budget increases so does the risk and suggested that Council consider setting a goal of endeavoring to establish a permanent reserve fund of about $2,000,000 so that in the uncertain future there would be a cushion. He suggested using the money earmarked for lighting the playfield as a start in this direction and that at the beginning of every year thereafter analyze the budget to see if the expenditures are wise and necessary. Mrs. William Bissell, 1130 Valencia Way, spoke to the closing of Valencia Way, and said in part that the stop signs have helped to some degree but there are more and more small children on the street and noted the many cement, brick, dirt trucks that will be using the street in connection with a residential development which is to be constructed north of Hillcrest in Monrovia. The City Engineer will provide Council with a report concerning this project and endeavor to obtain the route the trucks intend to take. I Fred Kennedy, 370 Woodruff Avenue, speaking on behalf of his client Ivan Layda, owner of the Silvergate Apartments at 535 W. Duarte Road, which are currently being converted 'to condominiums stated in part that since the no parking sign has been placed in front of his building he has no place for his tenants to park nor for the delivery trucks, moving vans, etc. In order to realign the front of his property to provide parking spaces he would need about 4 to 6 weeks and asked permission to have temporary lanes in front of the premises for four to six weeks which could be used for parking. The City Attorney advised that due to the pending litigation concerning this matter Council cannot discuss this in open meeting -- it can be discussed among the Council members in an executive session however. 7-17-79 - 2 - FA IRVIEW MINI PARK CONTRACT I AWARDED -1 '? ,r'l~ I I" I QUITCLAIM DEED AUTHORIZED I . p, l/i \",1 'I. RESURFACING PROJECT 7Ut5223 CALTRANS "1) I " FIRE PROTECTION CIVIC CENTER " /. I ,"" " f: S/f" / TRACT NO. 35620 FINAL MAP I TEXT AMENDMENT (CHRISTMAS TREES) P t- ": -' ',''-,;' ,'. ~": ~. ~', '. . ~, 23~9828 CONSENT ITEMS AWARDED the contract for the construction of the Fairview Avenue Mini Park Job No. 490 to the low bidder, California Landscape, Inc., in the amount of $91,532, rejected all other bids and waived any informalities or irregularities in the bids or bidding process and authorized the Mayor and City Clerk to execute the contract in form approved by the City Attorney - $120,000 was appropriated from Capital Improvement Funds to cover the cost. APPROVED the execution of a quitclaim deed to Hubert A. Manning and Donna G. Manning, developers of a 24 lot development at the northwest corner of Clark and Myrtle in the Chicago Park 'area. There is a pipeline easement executed in 1888 and the Water Manager has 'stated that his department has no need for the easement out of the public right of way in this particular area. The Mayor and City Clerk were authorized to execute this deed in form approved by the City Attorney. APPROVED Utilities Agreement with the State in connection with Caltrans resurfacing of Colorado Street, Colorado Place and Huntington . Drive between Michillinda Avenue and 1.0 mile east of 5th Avenue. t.) . / AUTHORIZED the Mayor and C1ty Clerk to execute same and appropriated $8000 from State Gas Tax funds to pay for the cost of the work. APPROVED schematic plan for fire protection - Civic Center area - and authorized the retention of Kenneth I. Mullen as consultant to prepare plans and specifications at a fixed price of $11,800. Also authorized additional work which may be required on a cost plus basis up to $2,000 maximum. Funding for the consulting engineer, the four fire hydrants on the west side of the hospital and for the Phase I work is available in the Water Division budget. Funding for additional phases will depend on more exact cost estimates based on detailed plans and possible hospital participation in the cost of the project. APPROVED final map of Tract No. 35620 for a six unit condominium at 810 Arcadia Avenue, subject to conditions approved with the tentative map. ALL OF THE ABOVE CONSENT ITEMS APPROVED ON MOTION BY COUNCILMAN GILB, SECONDED BY COUNCILMAN PELLEGRINO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett None Councilman Saelid In response to a request for a business permit to allow the sale of Christmas trees on R-3 zoned property, it was MOVED by Councilman Gilb, seconded by Councilman Pellegrino and carried on roll call vote as follows that the City Attorney be directed to draft a Text Amendment to. the Arcadia Municipal Code which would allow the City Council to grant an administrative modification to non-profit organizations involving the sale of Christmas trees and fireworks on R-3 property abutting commercially used property. AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett None Councilman Saelid 7-17-79 - 3 - 23:9829 Council received all data connected with the full protection of elected and appointed officials in all lawful acts they perform, including acts in a fiduciary capacity. This combined with the present insurance coverage would provide a maximum of $10,000,000 and would cover the $100,000 self-insured retained limit. LIABll.ITY INSURANCE (PUBL IC OFFICIALS) /, ~ l;'" 'V r-fI f f', trj-, /~ENlOR HOUSING PROGRAM (October) CALIFORNIA STREET TEMPORARY CLOSING (HEARING AUGUST 7) ( ;/ ~ \ ORDINANCE NO. 1683 ADOPTEj ORDINANCE NO. 1684 ADOPTED f.1 t' I'! . During this consideration it was the consensus of the City Council that all Board and Commission members be included. It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that staff proceed with this coverage and include the members of the Board and Commission AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett None Councilman Saelid I Pursuant to the recommendation of the Senior Citizens' Commission Council asked for a report from staff on the feasibility of having a study on a total program for the development of low-to-moderate income housing for senior citizens. Organizations with expertise in this area were submitted and staff advised they had met with representa- tives thereof. Staff will schedule a meeting for the latter part of Oct. Council received the request of the Superintendent of the Arcadia Unified School District for permission to close a portion of California Street. Due to the recent fire at the First Avenue Junior High School the District needs the subject area as a location for mobile classrooms during the 1979-80 school year. A diagram of the areas referred to was reviewed. Councilman Gilb MOVED to approve the request for temporary closure of California Street with fencing ~. at the east and west property lines of the school property on the north side of California Street. Fencing not to close off any property used for residential purposes from public street access. School District to pay any cost. Councilman Parry seconded the MOTION. NOT ACTED UPON. During the discussion Dr. Herbert L. Herscher, owner 224 S. Santa Anita, spoke in opposition to any closing of California Street until he sees a long range plan of what is proposed. It was the considered scheduled. consensus of the City Council that the matter should be in public hearing proceedings and August 7 was so All parties concerned to be notified. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1683 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 6434.6.1 AND REPEALING SECTION 6434.6.2 TO REQUIRE SAFETY INSPECTION OF REFUSE VEHICLES." It was MOVED by Councilman Gilb, seconded by Councilman Parry carried on roll call vote as follows that the further reading full text be waived and that the same be ADOPTED. and of the I AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Margett None Councilmen Saelid The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1684, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE TO REZONE 9808-9828 NAOMI AVENUE AND 1302- 1320 GOLDEN WEST AVENUE FROM C-l TO R-3." It was MOVED by Counc ilman Parry, seconded by Councilman Gilb and 7-17-79 - 4 - ORDINANCE NO. 1685 INTRODUCED I RESOLU'l:ION NO. 4847 ADOPTED ClOP (: CLAIM REJECTED (RUSK) I f' CLAIM REJECTED (Sav-On Drugs) GILB 23:9830 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 Gi1b, Parry, pellegrino, Margett None Councilman Sae1id The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1685, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA MODIFYING. AND EXTENDING THE MORATORIUM ON COOPERATIVE MULTIPLE DWELLINGS~ AND EXPANDING THE MORATORIUM TO INCLUDE ALL MULTIPLE DWELLINGS IN AN R-3 ZONE, AND AMONG OTHER REQUIREMENTS, REQUIRING A CONDITIONAL USE PERMIT THEREFOR DURING THE INTERIM PENDING TIlE STUDY OF ZONING PROPOSALS, REGULATING TIlE SAME AND TERMINATING MAY 15, 1980." It was MOVED by Councilman Gi1b, 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 INTRODUCED. AYES: NOES: ABSENT: Councilmen Gi1b, Parry, Pellegrino, Margett None Councilman Sae1id .-NOTE: PUBLIC HEARING SCHEDULED FOR AUGUST 7, 1979 on the above ordinance. The City Attorney presented, explained th content and read the title of Resolution No. 4847, entitled: "A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ARCADIA GRANTING CONDITIONAL USE PERMIT 79-9 FOR EXPANSION OF A RESTAURANT AT 116 EAST LIVE OAK AVENUE." It was MOVED by Councilman Gi1b, 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 Gi1b, Parry, Pellegrino, Margett None Councilman Sae1id On recommendation of the Claims Adjuster and the City Attorney it was MOVED by Councilman Gi1b, seconded by Councilman Parry and carried on roll call vote as follows that the claim of Fred Mason Rusk, Jr., and Melinda J. Rusk be rejected. AYES: NOES: ABSENT: , Councilmen Gi1b, Parry, Pellegrino, Margett None Councilman Sae1id On recommendation of the Claims Adjuster and the City Attorney, the claim of the Surplus Line Adjusting Company, on behalf of the Sav-On Drug Store, was rejected on MOTION by Councilman Parry, seconded by Councilman Gi1b and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gi1b, Parry, Pellegrino, Margett None Councilman Margett ,- The Assistant to the City Manager advised that they are currently working with Republic Development Company on a Disposition and Development Agreement for a project in the area of Huntington and Second. It was the consensus of the City Council that Republic submit a proposal for Council review by September 4. Staff will contact a businessman who has indicated to Councilman Pellegrino that he is ready to move ahead. 7-17-79 - 5 - PELLEGRINO , ,y 'I :1 \ APPOINTMENTS EXECUTIVE SESSION RECONVENED r CLAIM APPROVED (Fu1 ton) RESOLUTION NO. 4836 ADOPTED f-)', II,t~/ "tl ~ t1 I' -{~\~ 23:9831 Mayor Margett will respond to an inquiry on the policy on appointments - that Council does not appoint both a husband and wife to Commissions, however, the application in question will be placed on file. Some discussion held on the procedure for appointing persons to Boards and Commissions - primarily to the Senior Citizen Commission - that the Commission does not preclude that person from being appointed by the City Council. The By-Laws may have to be rewritten. This will be' checked by the City Attorney. The Planning Commission will conduct a study of a possible text amendment revising the parking regulations in the business areas... where the number of parking spaces would be actually related to the usage by patrons rather than on square footage of a building. On MOTION by Councilman Pellegrino, seconded by Councilman Gi1b and carried on roll call vote as follows William E. Kuyper was appointed /fo a four year term on the Planning Commission. This will fill the V'vacancy created by the termination of Miles per1is' eight years of service. AYES: NOES: ABSENT: Councilmen Gi1b, Parry, Pellegrino, Sae1id None Councilman Sae1id On MOTION by Mayor Margett, seconded by Councilman Gi1b and carried on roll call vote as follows Stuart Henderson was appointed to the ~Parking Place Commission. This will fill the unexpired term of ~ D. Kirby Lesh and will expire June 30, 1980. Mr. Lesh has left the City. AYES: NOES: ABSENT: Councilmen Gi1b, Parry, Pellegrino, Sae1id None Councilman Sae1id Council entered an executive session at 10 p.m. At 10:30 p.m. It was MOVED by Councilman Parry, seconded by Councilman Gi1b and carried on roll call vote as follows that the Fulton claim be APPROVED with payment not to exceed an amount to be determined by the City Manager, City Attorney and Finance Director. AYES: NOES: ABSENT: Councilmen Gi1b, Parry, Pellegrino, Sae1id None Councilman Sae1id The City Attorney presented, explained the content and read the title of Resolution No. 4836 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA MAKING FINDINGS OF FACT REGARDING THE APPLICATION OF THE INTERNATIONAL SOCIETY OF KRISHNA CONSCIOUSNESS, ALSO KNOWN AS HARE KRISHNA, FOR A RELIGIOUS SOLICITATION CERTIFI- CATE AND DIRECTING THE CITY MANAGER NOT TO ISSUE SAID CERTIFICATE BASED ON THE DISCREPANCIES AND INCOMPLETENESS OF SAID APPLICATION AND ON SAID FINDINGS OF FACT." It was MOVED by Councilman Gi1b, seconded by Councilman Parry and 7-17-79 - 6 - I I EXECUTIVE SESSION I I 23:9832 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 Gi1b, Parry, Pellegrino, Margett None Councilman Sae1id Council re-entered an executive session, reconvened and adjourned at 11 p.m. to July 30, 1979 at 5 p.m. ---e~;tA ~r- ATTEST: (!g~~.~~ , 7-17-79 - 7 -