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HomeMy WebLinkAboutDECEMBER 7,1976_2 22: 9113 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I """"'''' , PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL , PRESENTATION HEARING AM C r~'~" ,. /.li :}, \ \ \' , j)' ~ \ W I ~\l" \(\/ ,1'- MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 7, 1976 The City Council of the City of Arcadia, met in regular session on Tuesday, December 7, 1976 at 7:30 p.m. in the Council Chamber of the Accadia City Hall. City Clerk Christine Van Maanen Planning Director William Woolard PRESENT: AllSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None On MOTION by Councilman Saelid, seconded by Councilman Gilb and carried unanimously the correction on Page 8 of the November 2 minutes was APPROVED. On MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously the minutes of the adjourned regular meeting of November 10 and the regular meeting of November 16 were APPROVED. Councilman Saelid read in full the following message on a plaque pcesented to the City by the Arcadia Tournament of Roses Association. "IN RECOGNITION OF AND APPRECIATION FOR THE SUPPORT AND ENCOURAGEMENT GIVEN BY THE CI TY OVER THE YEARS, WHICH HAS SIGNIFICANTLY HELPED TO MAKE POSSIBLE THE CI TY OF ARCADIA'S FLOAT ENTERED EACH YEAR IN THE PASADENA TOURNAMENT OF ROSES PARADE. "WE SHARE WITH YOU AND ALL ARCADIANS GREAT PRIDE IN OUR BEAUTIFUL CITY. WORKING TOGETHER WE SHALL CONTINUE TO EXPRESS THIS TO THE WORLD." Council expressed appreciation for this recognition and the plaque will be on prominent display in the civic center. The Planning Commission by Resolution No. 960 recommended a text amendment to the Municipal Code to allow administrative modification of certain existing improvements constructed prior to the enactment of the present code in Zones R-O, R-l and R-2. This text amendment would correct an omission by clerical error in Ordinance No. 1565 adopted June 15, 1976. The Planning Director advised that the provisions of the ordinance are used to modify existing nonconforming situations such as the size of a garage, existing front yard setbacks, e~isting building height and existing floor area of accessory buildings. The new amendment would expand the authority of the administrative modification procedure as set forth in the resolution. It was noted that those homeowner associations with an architectural review board may appeal any decision made by the Modification Committee and/or the Planning Commission and eventually to the City Council. Mayor Lauber declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, sec:onded, by Councilman Margett and carried unanimously. It was then MOVED by Councilman Gilb, seconded by Counci!man Sael~d and carried on roll 12-7-76 - 1 - j ORDINANCE NO. 1577 INTRODUCED HEARING ZONE CHANGE I /j ,. r. -' \J ,)l, V \f \ I \.\1 , ' , .J v . 22: 9114 call vote as follows that Council approve and file the Negative Declaration and finds that the project will not have a substantial adverse impact on the environment. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Whereupon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1577, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9292.2.3 TO ALLOW ADMINISTRATIVE MODIFICATION OF CERTAIN EXISTING IMPROVEMENTS CONSTRUCTED PRIOR TO THE ENACTMENT OF THE PRESENT CODE IN ZONES R-O, R-l and R-2." I It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the reading of the full text be waived and that the same be INTRODUCED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Staff will prepare a summary of the significant actions of the committee over the past year. Councilman Saelid made this request. The Planning Commission by Resolution No. 961 recommended on a 4 to 3 vote a zone change on property at the northeast corner of Las Tunas and El Monte Avenue from c-o to R-l (7,500). The Planning Department recommends the inclusion of properties at 151 and 159 W. Las Tunas. It was noted that if these two lots were not included in the rezoning it would be inconsistent with the General Plan. The parcel on the northeast corner is proposed to be developed with residential and the department felt the two lots should be included inasmuch as they would be immediately abutting the corner and that the existing wash would provide a better buffer between the c-o use to the east and the residential to the west on Las Tunas. Mayor Lauber declared the hearing open and Russell Farnum, 159 Las Tunas, spoke in opposition to the proposed zone change on his property. He has owned and lived in the subject address for many years and submitted that he had hoped that one day he could use it for some type of C-O use. He noted that it had been changed to C-O and he could see no reason for downgrading it now - that R-l and C-O are compatible. He said he stands to lose monetarily if it is made R-l. Joe Duran, 151 Las Tunas was in agreement with Mr. Farnum and noted the commercial usage across the street on the south side of Las Tunas; that he had purchased the property for speculative purposes and that he and Mr. Farnum had been discussing the possibility of selling both pieces for a medical group for example. I Bud Heck, 655 Oakcrest Drive, Sierra Madre, owner of the corner advised that he is definitely going ahead with the construction four residences which will sell rothe. neighborhood of $79,500. response to a question propounded by Mr. Farnum he said that if zoning on 151 and 159 Las Tunas were left c-o it would not have effect on his plans for his property. parcel, of In the any No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. During the ensuing discussion it was noted that the three members of the Planning Commission, who voted in opposition to the recommendation to just rezone the corner, felt these two lots should be included for the R-l zoning. It was the consensus of Council that to leave the two lots commercial would be inconsistent with the General Plan designation which was adopted in September of this year and that the City has ample commercial property but very little residential left. The proposed ordinance will be drafted to include 151 and 159 Las Tunas. 12-7-76 - 2 - I ORDINANCE NO. 1580 INTRODUCED I PHASE X SIDEWALK ASSESSMENT (CHARGES) APPROVED '1 111-1 f' I RESOLUTION NO. 4589 ADOPTED 22: 9115 Whereupon it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote that Council approve and file the Negative Declaration and finds that the project will not have a sub- stantial adverse impact on the environment. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Whereupon the City Attorney presented, explained the content and read the title of Ordinance No. 1580 which will now read, "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY PROPERTY AT THE NORTHEAST CORNER OF LAS TUNAS DRIVE AND EL MONTE AVENUE FROM C-O TO R-l 7,500 AND PROPERTIES RNOWN AS 151 AND 159 LAS TUNAS DRIVE." It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the reading of the full text be waived and that the same be INTRODUCED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council was advised that the work on the sidewalk program Phase X Job No. 449 has been completed ... this consisted of sidewalks abutting various properties on Fairview Avenue and the construction of curb and gutter on various properties on Tenth Avenue using the Short Form of the 1911 Assessment District Act. Alternatives for collection of the assessments were set forth in the staff report dated December 7,1976. This hearing was scheduled to hear any objections to the assessments and to confirm the cost of the con- stI."uction. Mayor Lauber declared the hearing open and William Barton, 518 Fairview Avenue, asked Council to consider the waiving of his aSSessment. He said he had some time ago donated a portion of the rear of his property to the City in order for Arcadia Avenue to go through and that his financial situation is almost the same as it was a year ago when he appeared before Council on the same matter seeking relief. He said he does not have the money to pay the total cost at this time and noted the increase in his taxes this year but that he probably could pay it over a period of ten years if Council so determines. . On the basis of his land donation for Arcadia Avenue he asked for the waiver. The Director of Public Works advised that in the past where dedications of land for roadway improvements have been made by property owners all further improvements in the right of way have been done at City expense and this was confirmed to the property owners for the Arcadia Avenue dedications. Mr. Barton owns two of the parcels on Fairview Avenue.and there would be no expense to him in the improvements of ArCadia Avenue at the rear of his property. Staff recommended that assessment payments be made in annual installments over a 10 year period at an interest rate of 7%. It was noted that Mr. Barton's annual payment would be $100 plus interest which would not have to be paid for another year. No one else desiring to be heard the hearing was closed on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unani- mously. Council expressed empathy for Mr. Barton however the work has been satisfactorily completed by the contractor and the debt has to be paid and the improvement was delayed an entire year. The City Attorney presented, explained the content and read the title of Resolution No. 4589, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING THAT THE PAYMENT OF CERTAIN 12-7-76 - 3 - RESOLUTION NO. 4590 v}\ y'. \\ HEARING Consolidated Lighting Maintenance District Annex. No. 6 ,yt /( . \ I' ~ RESOLUTION NO. 4594 ADOPTED I \.( '1G') / \.1 \/ CONTINUED MODIFICATION SETBACK APPEAL (Bong) J DENIED ';, t V\ ' ...\ .- ~" \ r. 22: 9116 ASSESSMENTS UNDER THE IMPROVEMENT ACT OF 1911 MAY BE MADE IN ANNUAL INSTALLMENTS (VARIOUS LOCATIONS)." It waS MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as 'follows tha~ the reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None' The City Attorney then presented, explained the content and read the title of Resolution No. 4590 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONFIRMING THE COST OF CONSTRUCTION OF SIDEWALKS, DRIVEWAYS AND CURBS AND ASSESSING THE COST AGAINST THE ADJACENT PROPERTY PURSUANT TO THE IMPROVEMENT ACT OF 1911 (VARIOUS LOCATIONS). " I It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Annexation No.6 to the Consolidated Lighting Maintenance District. The Engineer's Report was previously reviewed by Council and has been on file in the office of the City Clerk for inspection. This is the time scheduled by Resolution No. 4587 to hear protests of any interested persons who object to the proposed improvement or to the assessment theretor. Mayor Lauber declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Margett and carried unanimously. The record indicates "No protests". It was MOVED by Councilman Saelid, seconded by Councilman Parry and carried on roll call vote as follows that Council hereby confirms the assessments to the various zones as set forth in the Engineer's Report and that the reading of the full text of RESOLUTION NO. 4594 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE ANNEXATION TO AND DETACHMENT OF CERTAIN LANDS FROM THE ARCADIA CONSOLIDATED LIGHTING DISTRICT, be waived and that same be ADOPTED." AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council continued its consideration of an appeal filed by Maidie Bong from the decision of the Planning Commission in its denial of her request for modification of setback requirement in the center line of Santa Clara from Second to the storm drain. This matter had been continued to allow time for staff to endeavor to negotiate a trade of properties as compensation for the proposed widening of Santa Clara and the extension of Third to Santa Clara. Howard Bong, on' behalf of Maidie Bong, had responded with a counter proposal but staff felt it was incomplete and staff was unable to determine the full effect of his offer. I Mr. Bong has now responded and his proposal was set forth in detail in the staff report dated December 7, 1976. In analyzing this proposal it is staff's opinion that his request far exceeds the value of a cash acquisition of the property required for the widening of Santa Clara and extension of Third Avenue. Staff felt that the City's offer ~as more than fair in terms of the compensation 12-7-76 - 4 - I CONDITIONAL USE PERMIT (Mrs. Simmons Pastries) APPROVED , r{ 'v1 /1J (I U' , / 131.1) <( , Y"" ,. HEARING SCHEDULED (ANNEXATION 46) UNINHABITED TRACT NO. 33121 Tentative Map APPROVED p~ 1'(/;/15 "./ I" ) I) [J; I """'",, 22:9117 proposed in the form of land trades and the method of fixing the value of the office building and it would have allowed Mr. Bong to proceed with his present building plans without modification. Staff re- commended denial of the appeal. Whereupon it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the appeal be DENIED and that staff be authorized to have an appraisal of the land required for the extension of Third Avenue to Santa Clara at a cost not to exceed $500. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None The Planning Commission granted a conditional use permit for Mrs. Simmons Pastries eating establishment at 400 S. Baldwin Avenue (Fashion Park) subject to conditions set forth in Resolution No. 963. Council expressed concern for the conditions existing in some of the eating establishments at Fashion Park and noted the limited seating capacity in the proposed subject facility and others at the same location. Staff will discuss this with the management of Fashion Park. and take it'into consideration when others apply for a Conditional Use Permit. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the action of the Commission be and it is hereby RATIFIED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council scheduled a public hearing for December 21 on the recommendation of the Planning Commission for a General Plan designation of Commercial for Annexation No. 46 - 3905-51 Huntington Drive. This tract is proposed for 1227 S. Temple City Boulevard and would create a seven unit condominium. It is now developed with a residential use and zoned R-3. Properties to the north, west and east are zoned R-3 and those to the south are in an unincorporated County area, zoned Residential-Agricultural with residential uses. It was MOVED by Councilman Parry, seconded by Councilman Saelid and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds this project will not have a substan- tial adverse impact on the environment and that the tentative map be APPROVED subject to specified conditions. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None PARTICIPATION / Herb Fletcher, 175 W. Lemon Avenue, objected to an ordinance to be considered by Council at this meeting concerning the serving of limited alcoholic beverages for special functions on City property. He said in part that in his opinion it would not contribute to city government and could lead to legal problems. Mr. Fletcher also commented in part that he had not realized until recently that if anything went wrong with a sewer it was the property owner's responsibility for repair. of the sewer line to the center of the street. He felt publicity is needed and asked Council to look into this matter. Mrs. Johanna Hofer, 875 Monte Verde, agreed with Mr. Fletcher in /'objecting to the serving of alcoholic beverages on City property and also felt it could lead to legal problems. She then referred to an item on the agenda concerning admission tax at the race track and submitted that there has not been an increase since 1953 and 12-7-76 - 5 - ADMISSION TAX \~ '? f: 22: 9118 questioned what exempts the race track from an increase in admission tax when homeowners have had increases in their taxes. j Mert Williams, 201 E. Colorado, spoke to the noise emanating from the 210 Freeway and asked Council to do everything possible to lessen the noise. (This matter was discussed later in this meeting. See Page 7) j Darrel Sager, 1306 Michillinda, asked Council to consider removing the bus stop and red curb in front of his residence. He recited the nuisance and inconvenience. (City Council moved to eliminate the bus stop at this address. See Page 9) Ray Rogers, Vice President and General Manager of the Los Angeles Turf Club, referred to his communication concerning Council's suggestion that admission tax be paid to the City for passes issued to special promotional groups. I This being an agenda item Council then considered the proposal which is set forth in full as follows: "Honorable Mayor and Members of the City Council: We have met on a number of occasions during the past week with the Manager, City Attorney and City Controller in an effort to comply with Council suggestion that admission tax be paid to the City for special promotional groups, such as Ladies' Day, Senior Citizens' Day, etc., beginning with the meeting opening on December 28. To revise the Ordinance and establish clearly the exceptions from the tax for those people affiliated with the track or their families, and other individuals to whom season compli- mentary credentials are provided, requires careful study and proper design of credentials. Since the credentials are ordered in the early fall, delivered in October and are now under the process of distribution, an Ordinance which would effect these credentials would be very difficult, if not impossible, to administer for this meeting. We are therefore suggesting that the matter be resolved by our agreeing to a 10~ service charge for the promotional group events. The 10~ service charge will require by the present Ordinance, a 10~ admission tax. Santa Anita will then forward the total of 20~ per person to the City as admission taxes collected and as payment for extra municipal services. This can be accomplished this meeting and the City will be paid the equivalent amount of tax for the promotional groups which, based on past experience, should be approximately $7,000 for the Santa Anita meeting alone. We hope this procedure is acceptable to the City Council. I Sincerely, R. M. Rogers" It was the consensus of Council that this arrangement would be satis- factory for the forthcoming meet and that during the ensuing year the City and the Track officials work toward modification of the existing ordinance. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the above letter of understanding signed by R. M. Rogers on behalf of the Los Angeles Turf Club be ACCEPTED for the 1976-77 meet. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None 12-7-76 - 6 - CONTRACT AWARD TELEMETERING S YS TEM (Water Di v.) f 7~ 1 p I FREEWAY 210 (NOISE) (JAN. 4) .-' \/ ,Ii -; I I ADVERTISE FOR BIDS (Landscape Maintenance) y / /\ ~ f) 22: 9119 Council received the result of bids received and the recommendation of staff for the award of contract in connection with the furnishing and installation of instrumentation and telemetering equipment for the Water Division. It was noted that the specifications were written so the bid could be awarded under either of two bid schedules - Schedule A and Schedule B. Schedule A was in conformance with the specifications prepared by the consulting engineer for the project and Schedule B was identical except that the instrument manufacturers qualified to furnish equipment were required to manufacture the major components in the so called "control loop". The staff report of November 30 set forth in detail all the factors of this system. The consulting engineer and staff recommended the contract be swarded to the low bidder in Schedule A. It was the consensus of Council that the low bid appears to be in the best interest of the City, whereupon it was MOVED by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote as follows that the contract be awarded to the low bidder in Schedule A, Automation Associates, Inc., in the amount of $177,498; that all bids in Schedule B be rejected; that all other bids for Schedule A be rejected; that any informalities or irregularities in the bids or bidding process be waived and that a contract in form approved by the City Attorney be executed by the Mayor and City Clerk. Funds are in the current Water Division Budget. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council received a detailed report on the noise abatement petition filed by homeowners and residents of the area bounded by Santa Anita, Fifth Avenue and the Foothill Freeway, requesting that noise attenuation barriers be installed on the freeway between the aforementioned limits to decrease noise. This report is dated December 7 and it includes a communication from State indicating the area would qualify for con- struction of the sound barriers sometime after 1983 predicated on noise measurements which would have to be updated. The Director of Public Works advised that he has requested from State a cost estimate for noise attenuation work and a statement as to the amount of local financing needed to assure the construction of the project in the near future. This information has not been received to this date. In discussing this matter it was submitted that perhaps the San Gabriel Valley Association of 17 cities could assist ... and Council liaison, Councilman Margett, will impart this possibility to the association. He will deliver a communication to the association. Legislative representatives will also be contacted. Edwin Phelps, 315 Joyce, spoke to this matter and asked for some firm commitment, something the residents could depend upon. Reference was made to a petition presented to Council in 1974 at which time State was to take steps to improve the situation. Mr. Phelps was advised that an update of the 1975 measurements and analysis is now in progress by the State and should be completed by early 1977 at which time it will be possible to adjust the priority for the construction of sound barriers if the area is justified. Council concurred in the need for noise abatement. The matter will be placed on the January 4, 1977 agenda. Staff advised that the current contract for maintenance of city-owned landscaped areas expires February 1, 1977 and it is now necessary to solicit bids from interested maintenance contractors. Areas for maintenance were listed in the staff report dated December 7. It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried 12-7-76 - 7 - WEST ARCADIA STORM DRAIN PROJECT APPROVED ;0 ./ t) \ /. - ~; \ f' I \;' , V 1- J / ,\\ 0)-.. \) , , v' \' DANCE PERMITS RENEWED for 1977 , \) '\-,. (- .) i ,.... ~ I <,I. b \, ~ /~J- \' lob / \ ~\\\ WAIVER OF LICENSE FEE non - prof it organizations APPROVED \ ~c \ \' ) ,\ ' ! . \'< I ",\ . \ ~i I . ^ \ (' VI /\\ 22:9120 on roll call vote as follows that the specifications be APPROVED and that the City Clerk be and she is hereby authorized to advertise for bids to be submitted to Council for consideration. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None As part of the local public works programs, the Flood Control District proposes to install a storm drain in the southbound roadway of Baldwin Avenue between Garibaldi and Naomi. The District must obtain approval from the local agency as required by the Federal regulations. The completion of this storm drain would eliminate the hazardous condition of flooding of the southbound roadway during moderate rainfalls. However, actual construction is dependent upon Federal EDA approval of the project and granting of the funds. I Whereupon it was MOVED by Councilman Margett, seconded by Councilman Parry and carried on roll call vote as follows that the plans and specifications be approved and that the District be authorized to proceed with construction; that Council grant to the District permission to occupy and use Baldwin Avenue as well as intersecting streets to construct, operate and maintain the storm drain and that a certified copy of this action be directed to the District. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None In compliance with Council policy the following list of dance permit renewals were submitted for review. CLOWN TOWN THE LONG BRANCH SALOON DRINKERS HALL OF FAME THE DERBY RESTAURANT PELLEGRINO'S ITALIAN CUISINE WESTERNER RESTAURANT REUBEN" S POST OFFICE RESTAURANT JOHN'S BEER BAR CIN-BAD'S 16~ East Huntington Drive 131~ E. Huntington Drive 151 E. Huntington Drive 233 E. Huntington Drive 101 S. First Avenue 181 Colorado Place 1150 W. Colorado Blvd. Fashion Park 1037 S. Baldwin Avenue 80 W. Live Oak Be it noted that the David Copperfield Restaurant is not desirous of renewing its dance permit. .-<'""1 The County Health Officer has inspected all establishments and advised that they comply with the County Health Code; the Chief of Police advised that no policy problems have occurred at any of these establishments during the past year; the Building Department has also inspected these facilities and advised that there are no visible violations of the Building Code. The Fire Department has noted minor corrections to be made, such as illuminated Exit signs above doors and patron capacity signs. These corrections are to be made by December 20 and the new licenses will not be issued until compliance therewith. It was MOVED by Councilman Gilb, seconded by Councilman Margett and carried unanimously that renewal dance permits be issued for 1977 upon full compliance with the fire department's requirements. I On MOTION by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows the business license fee was waived for the Boys and Girls Christian League, a non-profit organization, in connection with sale of Christmas trees at 139 E. Duarte Road, 212 Live Oak and the southeast corner of First and 12-7-76 J - 8 - I I R T D BUS STOPS F 5 .{f I > , ~ > 22:9121 Foothill. This is granted under the Mrcadia Municipal Code Sections 6436.12 and 6220.13.1. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None ., Council received the staff report on the RTD bus stops at 1306 N. Michillinda and 1230 N. Santa Anita. These two stops had been previously considered by Council. Staff advised that a comprehensive analysis of all routes and stops was to be prepared, however, due to the recent strike RTD was unable to complete the evaluation as planned. February is now the date submitted for this report. Staff did not feel any major changes should be made in the routes and submitted suggestions for the subject two stops. Considerable discussion ensued on the merit of moving the bus stop from 1306 N. Michillinda to the southeast corner of Michillinda and Hampton. The residence at that location faces Hampton so the stop would not be in the front and would not interfere with any parking in the front. There is also a wall and shrubbery between the house and the right-of-way which would screen the buses and any waiting passengers. There would be a cost of approximately $500 to construct an off-street landing at this location and it would also be necessary to obtain approval from Pasadena as the entire roadway lies within that city. Council concurred in this recommendation and it waS MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the bus stop be removed from in front of 1306 N. Michillinda and placed at the southeast corner of Michillinda and Hampton; that the red curb be eliminated; that up to $500 be appropriated from General Contingency Account to construct the landing and that Pasadena be contacted in this regard. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council then considered the bus stop at 1230 N. Santa Anita (east side of Santa Anita at Woodland Lane). It was the consensus of a majority of the Council that a bus stop is not needed at this location. There are sidewalks for those using the bus and the distance to walk is not that great to reach the Orange Grove stop; that it is not reasonable to inconvenience the property owner at 1230 N. Santa Anita by having the entire front of his property painted red for the advantage of so few passengers. Mayor Lauber was hesitant to delete this stop until more information has been obtained. That the service has been in operation such a short time and it takes time for residents to realize the service is available. It was then MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the bus stop in front of 1230 N. Santa Anita (Santa Anita and Woodland) be DELETED. AYES: NOES: ABSENT: Council Members Gilb, Parry, Saelid Council Mambers Margett, Lauber None Councilman Margett submitted that he voted 'No' because he would like to have additional data as to how many people use the bus in that area, etc; that he could vote with the majority if he knew it was used by only a minute number of people. Councilman Saelid observed in part that the taxpayers would be concerned if the City had to accept the expense of RTD if Council did not recommend deletion of those bus lines which were not being utilized. 12-7-76 - 9 - TRANSPORTATION PROGRAM- HANDICAPPED & ELDERLY APPROVED f ,) ,t\ \ ~) ,/ ,r TRAFFI C CONTROL race rnee t 1976-77 / . V 'l . (u.1f0~/\ ..\.,~ , , \ '7 . /i!0Jd SALARY INCREASE (Water Field Superintendent) APPROVED 1-~ ?\/~ n 1\\\ '\1 \ " SALARY INCREASE Principal Librarians (De layed) I II ,(; . ~ 1\\ '" I~ i, NEWSLETTER expenditure APPROVED 22:9122 Council received a transportation program for the elderly and handi- capped in connection with the Urban Mass Transportation Administration's (UMTA) requirement that the City's Transportation Improvement Program (TIP) contain projects to benefit the elderly and handicapped and which must be adopted by the City before UMTA will provide grant funds for the dial-a-ride system. Some discussion led by Councilman Saelid that every opportunity should be taken in an endeavor to make the program less of a drain on City funds. It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the Transportation program for the Elderly and Handicapped be and it is hereby APPROVED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None I t;t.-~ Costs of traffic control for the forthcoming racing season were set forth in a report dated November 23. It was noted there will be one additional day of racing this year, additional manpower will be needed due to changes in signalization and traffic patterns .. also salary increases. It was MOVED by Councilman Margett, seconded by Councilman Saelid and carried on roll call vote as follows that the sum of $164,082.98 be appropriated for traffic control for the 1976-77 meet, this includes a contingency of $5,000, workmen's compensation costs. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Based on the recommendation of staff and a detailed explanation for the justification of the increase it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that a $50 monthly salary increase be granted William Lowe, Water Field Superintendent. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council received a detailed communication concerning the recommendation of the Librarian for a salary increase for the principal librarians in order to maintain the traditional difference of about ten percent between this position and that of the senior librarians. The City Manager recommended that no change be made at this time and that it be considered at the time of the annual salary review. The changing of Technician II and Technician III will be included in the review. Councilman Margett, Council liaison to the Library Board, felt this latter should also be discussed with the Librarian as he understands I some changes have been made relative to staff. The City Manager will report to Council. Council was advised that the City Attorney has filed the exemption application with the Secretary of State and the Franchise Tax Board in order to establish the Arcadia Community Education, Inc., as a non-profit organization. This will eventually make possible the mailing of the quarterly newsletter at a reduced rate of 1.8~ per piece instead of 7.7~ each, which will result in a savings of approximately $1,060 on each issue. The filing of the application and articles of incorporation require filing fees in the amount of $4 and a prepaid franchise tax payment of $200. The latter is refundable. Whereupon 12-7-76 - 10 - DECLARATION OF NON- CONFORMING/,USE p: B J.l)q-:'- 1/'1/.; U:/-: CONSENT ITEMS APPROVED F / '3 ~Io l /?I/b .. I~ :;,:I'!'!} RESOLUTION NO. 4591 ADOPTED - ,/fs I~ '1 I RESOLUTION NO. 4592 ADOPTED /' RESOLUTION NO. 4593 ADOPTED 22:9123 it was MOVED by Councilman Margett, seconded by Councilman Parry and carried on roll call vote as follows that $244 be appropriated from the General Contingency Account for this purpose. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None On MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously the request of Glenn A. Dingman for a 90 day continuance of the nonconforming use on property located at 424 E. Foothill Boulevard was GRANTED. Mr. Dingman is endeavoring to obtain a suitable operator for the service station at that address. On MOTION by Councilman Saelid, seconded by Councilman Margett and carried on roll call vote as follows the items as listed were APPROVED. Final Map of Tract No. 26248 (420-430 W. Foothill Blvd.) was approved. The work performed by Duke's Landscaping Service in the landscaping -of the median on Las. Tunas (Job 444) was ACCEPTED and final payment authorized pursuant to the terms of the contract. The work performed traffic signal for payment authorized by A.E.C. Eagle Rock in the modification of the Gate No.1, Job No. 457, was ACCEPTED and final pursuant to the_terms of the contract. ~he improvements in Tract No. 25183, Whispering Oaks and Heritage Oaks were accepted for street maintenance. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None The City Attorney presented, explained the content and read the title of Resolution No. 4591, entitled: "A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO PAY 50% OF THE 1977-1978 METROPOLITAN WATER DISTRICT TAX." It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None The City Attorney presented, explained the content and read the title of Resolution No. 4592, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE PLANNING DIRECTOR TO SIGN THE CLAIM FORMS FOR BIKEWAY DEVELOPMENT AND DESIGNATING A BIKEWAY PROJECT. " It was MOVED by Councilman Parry, seconded by Councilman Margett and carried on roll call vote as follows that the reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Saelid, Lauber None None The City Attorney presented, explained the content and read the title of Resolution No. 4593, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING A MAP AND DECLARING INTENTION TO 12-7-76 - 11 - RESOLUTION NO. 4595 ADOPTED (Towing Service) (G & S) 1\ ~ 'I \ (J ~ 22:9124 VACATE AND ABANDON A PORTION OF THE ALLEY LOCATED BETWEEN SANTA CLARA AVENUE AND WHEELER STREET AND BETWEEN FIRST AND SECOND AVENUES; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING SAID ALLEY PORTION; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED." It was MOVED by Councilman Margett, seconded by Councilman Parry and carried on roll call vote as follows that the reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None I This resolution schedules a public hearing for January 4, 1977. The City Attorney presented, explained the content and read the title of Resolution No. 4595 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 2994 AND DESIGNATING G & S TOWING SERVICE AS AN OFFICIAL GARAGE FOR TOWING AND STORAGE OF VEHICLES REMOVED AT THE REQUEST OF THE ARCADIA POLICE DEPARTMENT FROM PUBLIC STREETS AND HIGHWAYS UNDER PROVISIONS OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT PERTAINING THERETO." The conditions of the contract attached to the resolution were discussed in detail - particularly paragraph 3 wherein the redevelop- ment agency property at 135-141 Wheeler Street is indicated as the property'to be leased to G & S for outside storage. Councilman Margett expressed concern that the contract for the towing service includes the leasing of that property. He felt Council had previously only indicated it would entertain the concept of having outside storage at that location - nothing firm. He did not feel redevelop- ment property should be tied up for five years. He was also concerned that the lease could be terminated on a 30 day notice. Councilman Parry agreed and drew attention to paragraph 3 of the contract wherein it specifically calls for the lease of the Wheeler Street property for a period of 5 years with a 30 day termination notice to G & S by the City. It was submitted by the City Attorney that by changing the wording of that paragraph the property could be made available to G & S for leasing if it so desired. The contract would not be effective until executed by the City Manager and a conditional use permit would have to be obtained for whatever property G & S purchased or leased for outside storage. Inside storage had previously been indicated by G & S for a location on LaPorte Street. Councilmen Gilb and Parry had previously expressed by their vote as being against the awarding of the contract to G & S. Councilman Saelid disagreed in the concept of including that particu- lar parcel; as the contract is written G & S would be locked into negotiating with the City for this redevelopment land, however, the resolution before Council only awards the towing service contract and not the leasing of the land and it was MOVED by Councilman Saelid, seconded by Mayor Lauber that the full reading of the subject resolution be waived and that same be ADOPTED. This motion did not carryon the foll.owing roll call vote: I AYES: NOES: ABSENT: Council Members Saelid, Lauber Council Members Gilb, Margett, Parry None The urgency on the part of the police department was submitted because if a contract is not negotiated the department will not have a towing service at the end of the year. The concern of the majority of Council was allayed to some extent by the advice of the City Attorney 12-7-76 - 12 - I ORDINANCE NO. 1579 NO ACTION CLAIM DENIED (MOSCARELLO) t' ~Il ..;. , ~!-f) I \ro IAPpR;TMENT PARKING PLACE COMMISSION (6-30-79) MAYOR LAUBER 22:9125 that with the changing of the wording of paragraph 3, G & S may negotiate to lease the subject property; that the contract would not be binding. on that site and that a conditional use permit must be approved for any location decided upon by G & S. Councilman Gilb felt that in light of the fact that a majority of the Council had previously voted to enter into the contract with G & S (November 16) and that this was done in good faith -- he did not feel it fair for him to put an obstacle in the way; that his No vote this time was because he was originally against it. However the majority of Council had agreed to the awarding of the contract and it was now incumbent on Council to obtain the best contract from that firm. He then MOVED to reconsider the motion. Mayor Lauber seconded the motion which carried on the following roll call vote: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None It was further MOVED by Councilman Gilb, seconded by Mayor Lauber and carried on roll call vote as follows that the reading of the full body of Resolution No. 4595 be waived and that same be ADOPTED with the new wording reflected in the. contract. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Discussion ensued on an ordinance prepared in draft form for Council consideration concerning the serving of limited alcoholic beverages for special functions or activities on City property. This ordinance had been initiated in view of the forthcoming sister city visitation from Newcastle, New South Wales, Australia, during the holidays, and functions are being planned to take place in the City Hall. However, the discussion resulted in a decision not to take any action in view of the possibility of the City being held liable under certain circum- stances and it was the consensus of the Council that such functions could be held elsewhere. Upon recommendation of the City Attorney as set forth in his report dated December 2 the claim of Gary M. Moscarello for property damage in the amount of $451.81 was DENIED on MOTION by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None On MOTION by Mayor Lauber, seconded by Councilman Gilb and carried unanimously Dr. James Chinn, Arcadia Medical Building at 65 N. First Avenue, was appointed to fill out the unexpired term of Dan Jones on the parking Place Commission. This term will expire June 30, 1979. Expressed appreciation to the Economic Coordinator for his Arcadia Redevelopment Agency update. Received authority to go on record as supporting the Los Angeles County Peace Officers' Association project llDrink & Drive & Pay". Staff will investigate a complaint from a young lady concerning the poor service she has received from the Dial-a-ride program. Mayor Lauber will then respond to the communication. 12-7-76 - 13 - PROCEDURAL ORDINANCE RESOLUTION NO. 4596 ADOPTED I COUNCILMAN SAELID J COUNCILMAN GILB V COUNCILMAN PARRY ..; COUNCILMAN MARGETY ADJOURNMENT 22:9126 In order to consider the following item the prOV1Slons of the Procedural Ordinance were waived on MOTION by Councilman Parry, seconded by Councilman Margett and carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No. 4596 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPOINTING A MEMBER AND AN ALTERNATE OF THE CITY COUNCIL TO THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT CITY SELECTION COMMITTEE, AND RESCINDING RESOLUTION NO. 4567." It was MOVED by Councilman Parry, seconded by Councilman Margett and carried on roll call vote as follows that the reading of the full text be waived.imd that. the same be ADOPTED. I AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None This resolution appoints Councilman Gilb as the delegate to said Committee and Councilman Saelid as the alternate. Staff will look into an appropriate sign which would clearly indicate the entrance to the police station on Huntington Drive. Suggested consideration be given to placing a moratorium on hillside development and that same be submitted to the Planning Commission. During the interim the City Attorney will prepare an ordinance for Council consideration. Staff will investigate and recommend changes in Federal standards for secondary treatment of sewage. He explored the discussion on this at a recent Sanitation District meeting. Suggested that the next Newsletter contain information concerning the use of electricity and recited data he had obtained from the utility companies in this regard which would save on the bills. Staff to respond to communication from Robert Johnson concerning the use of motorcycles by police officers instead of squad cars... from an economical standpoint. Spoke of the efficient work of the police in solving crimes; and commendation was made therefor. The next Newsletter will contain ways in which the public can help to protect their own areas. At 11:30 p.m. the meeting adjourned to 7 p.m. in the Conference Room on December 21, 1976. 2~ r ~,~ M yor I ATTEST: 1li;;Jf#j dr ~~ City Clerk 12-7-76 - 14 -