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HomeMy WebLinkAboutJANUARY 4,1977_2 22:9140 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY'CLERK I INVOCATION PLEDGE OF: ALLEGIANCE ROLL CALL PRESENTATION COMMENDATION HEARING RESCHEDULED HEARING (Lighting) y -'I' " ." . ~- I; I" I HEARING (Bowling sq~are~l\ * \ MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 4, 1977 The City Council of the City of Arcadia, met in regular session on Tuesday, January 4, 1977 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Margaret Stevens, Santa Anita Church Kermit Francis, Personnel Director PRESENT: ABSENT: Council Members Gilb, Margett, Parry, Sae1id, Lauber None Mayor Lauber presented former Personnel Director Kermit Francis with a Resolution expressing appreciation for his six years of service. Mr. Francis is resigning in order to accept a position with the City of Pasadena. Mayor Lauber congratulated Councilman Gi1b, current President of the Arcadia Tournament of Roses, on the Pioneer Award the Association received for its entry in the Rose Parade on New Year's Day. An agenda item under the Arcadia Redevelopment Agency portion concerning the Disposition and Development of property known as 211-223 E. Huntington Drive was rescheduled for February 15. This will be a joint hearing between the City Council and the Agency. Pursuant to petitions for street lighting on portions of Sixth Avenue and LeRoy staff submitted a report. The signatures represented 63.2 percent of the assessed valuation on Sixth Avenue northerly of Camino Real and 56.27 percent of the assessed valuation on LeRoy between Holly and E1 Monte. City policy requires a minimum of 60 percent assessed real value representation in petitions for improvement, hence the LeRoy petitioners were advised of their deficiency and they obtained additional signatures to their petition. A supplemental petition has now been submitted representing 65.7 percent of the assessed value of the real property on LeRoy. Mayor Lauber declared the hearing open and Donald Witt, 324 LeRoy, and Gerald Hansen, 278 LeRoy, asked for favorable consideration submitting that the present lighting on that street was quite old and inadequate and expressed a need for improved lighting. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gi1b, seconded by Councilman Sae1id and carried unanimously. Councilman Gi1b then MOVED to authorize the Director of Public Works to proceed with the subject installations pursuant to the report dated January 4, 1977. Motion seconded by Councilman Margett and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gi1b, Margett, Parry, Sae1id, Lauber None None Request of Walter L King, new owner of Bowling Square, 1020 S. Baldwin Avenue, for removal of the alcoholic restriction presently applicable to the license issued the Bowling Square. The permit provides a 1-4-77 - 1 - . ;. 22:9141 condition that no alcoholic beverage other than beer is permitted to be sold, consumed or possessed on the concourse, in the spectator section or in the area used for bowling itself. This condition was originally imposed in 1960 and has continued to date. Mayor Lauber ~eclared the hearing open and Walter L. King, spoke again to the financial hardship the restriction is having on his operation. He reci'ted'instances where he cannot obtain large tournaments due to the condition. He referred specifically to the spectator sectiop and the lane area. He said he was not fully aware of the situation when he purchased the'business recently. He felt the sale of liquor to spec- tators would help to defray the expense of obtaining National TV tournaments. He also felt the situation would be easier to control because he now has the problem of bowlers bringing their own liquor which 'is against the law and that they are continually trying to maintain surveillance. Councilman Parry said in part he had recently visited the facility his young son and they could not obtain a lane... he could not accept the economic hardship. In response to a question from Councilman Saelid Mr. King said in part that the serving of alcoholic beverages is not a requirement in obtaining professional tournaments - however it does enable him to. offset the cost. Councilman Margett commented on the desire of Council to protect the children of the community and at the same time not to discourage business. Mr. King said he would abide by whatever.Council would decide with relation to the junior bowlers - that th~y bowl on weeke~ds and the cocktail lounge is not open until 5 p.m. daily. .,,, I Edward L. Butterworth, 1145 Singingwood Drive, spoke on bahalf of the Council of Ministry of the Arcadia Methodist Church and for himself, objecting to the removal of the restriction and submitted that the testimony has not presented a single new argument from. the last three hearings held,over the years. ...that at least seven previous legis- lative bodies have maintained the restriction - sometimes with a split vote - but nevertheless it has been maintained and that even a temporary permissive vote would be almost impossible to reverse. He felt the City does not need problems attendant thereto and asked Council to decide the matter on what is best for the youth and adults of the community, not what is best for a limited number of businessmen who have the right to sell alcoholic beverages in other areas of their establishments. Rev. Paul Chaney, Pastor of the Emmanual Assembly of God at Foothill and Santa Anita, expressed opposition to the removal of the restriction, submitting that Mr. King is in the business of bowling not drinking and said in part he would like to see the bowling lanes continue as they are, clean and safe, and he could foresee problems which would be difficult if not impossible to control. Fred Sommers, 651 Hampton Road, agreed with the previous speakers and expressed empathy for Mr. King, however, he wanted the City to remain the outstanding community it is and felt it is Council's responsibility to do everything it can in this regard, I Mrs. Margaret Stevens, Pastor of the Santa Anita Church, speaking as a private citizen, also agreed with the previous speakers and went on record as being opposed to the removal of the restriction. She expressed her affection for the City and the qualities which attracted the resi- dents in the first place. ;' No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman.Gilb, seconded by Councilman Saelid and carried unanimously. Cou~cilmari Saelid stated in part he could not subscribe to the argument that the business would have to close if it could not serve hard liquor 1-4-77 - 2 - I I ~~ \ \u v HEARING Lot Split 22: 9142 in the other areas. That Bowling Square is an asset to the City probably because of the manner in which it is maintained and has not had to rely on the sale of hard liquor to keep that status. He felt if the City is to retain its quality these kinds of requirements will have to be imposed. He supported the existing restrictions. Councilman Gilb expressed pride in the national television coverage obtained by Bowling Square in its tournaments and expressed concern for a businessman in a competitive business which he may have to close, however, he felt what is best for the majority of the citizens is paramount; that the presentations have covered all aspects and that patrons of the bowling alley may go to the 'lounge and drink 'all' they. want. He would support the existing restrictions. Councilman Parry agreed with what has been submitted by Councilmen Saelid and Gilb, He respected Mr. King's right to conduct business and in his opinion the operation is excellent. He would like to see it remain and did not feel it an inconvenience to patrons to go to the cocktail lounge...that the primary purpose is bowling not the sale of alcoholic beverages. He would support the existing restrictions. Councilman Margett commended Mr. King on his public relation ability and said he would like to see Mr. King participate more within the community, become better known and perhaps through this his business of bowling would improve to the point where sales of liquor would not be so important to his business. Councilman Saelid then MOVED that the existing restrictions relating to the serving of alcoholic beverages be SUSTAINED. Motion seconded by Councilman Parry and carried on the following roll call vote: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Councilman Gilb commended Councilman Saelid for his efforts in bringing this matter before Council in public hearing proceedings; that he was originally in favor of lifting the restrictions and if this had come to pass it would have been a mistake. APPEAL filed by William R. Younger from Condition 4 in the approval by the Planning Commission of his lot split application concerning property at 201-205 W. Orange Grove Avenue. projecturals were reviewed indi- cating a large house and a guest house at 205 W. Orange Grove and a house at 201 W. Orange Grove. The applicant proposes to create three lots from the existing two by providing a 5 foot offset in proposed Lot 2. However, the Commission in approving the lot split imposed a requirement for the removal of the proposed offset. This is being appealed by Mr. Younger. Mayor Lauber declared the hearing open and Mr Younger stated in part that it would be extremely expensive to relocate the house at 201 W. Orange Grove; that the 5 ft offset located in the rear of the 217 ft. lot would not be unsightly in any way.. it would not be seen from the street and would not have an adverse effect on the neighborhood. He suggested that in the event Ccuncil did not look favorably on the offset that an easement could be created for the fife of the house and in the event the house is torn down, or whatever, the property could then revert back to the No. 2 lot. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. The Planning Director explained that generally the Commission seeks to obtain outlines that are reasonably straight and he felt the line should be approved straight or approved curved and not encumbered with 1-4-77 - 3 - HEARING Alley abandonment RESOLUTION NO. 4603 ADOPTED Ii- \ (7\~~' ')~ \ \ \1 " ,\ \ ~ 1\ l' \ \), TRACT \ NO. 33269 Tentati ve Map APPROVED 22: 9143 all types of covenants as this would only bring confusion in the future. If approved straight the house must be relocated. The majority of Council concurred in the responsibility for good planning on the part of the Commission; and that the Commission had considered this matter extensively; that creating three lots from two will bring about greater economic benefits and is not like requiring a house to be moved for no reason. Mayor Lauber commented that covenants have in the past been placed on small irregular parcels; that she had never been in favor of moving a house - that they never seem quite right after that. Councilman Parry was also concerned in this regard. It was then MOVED by Councilman Margett, seconded by Councilman Gilb I and carried on roll call vote as follows that the appeal be and it is hereby DENIED, and that the recommendation of the Planning Commission be sustained with all of the specified conditions. AYES: NOES: ABSENT: Council Members Gilb, Margett, Saelid Council Members Parry, Lauber None Council then considered an added condition as recommended by the Planning Department and it was MOVED by Councilman Margett, seconded by Councilman Gilb and. carried on roll call vote as follows that a covenant be required prohibi.ting any future installation of kitchen facilities in the guest.house at 205 W. Orange Grove Avenue. AYES: . NOES: ABSENT: Council Members Gilb, Margett, Saelid Council' Mem~ers Parry, Lauber None In connection with staff's recommendation that the westerly 50' of the alley right-of-way between Santa Clara and Wheeler Street east of First Avenue be abandoned 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. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4603, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION OF A PORTION OF THE ALLEY LOCATED BETWEEN SANTA CLARA AVENUE AND WHEELER STREET AND FIRST AND SECOND AVENUES." It was MOVED by Councilman Gilb, 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, Parry, Saelid, Lauber None None I This p~oposed development would create a 30 unit condominium at 440-448 W. Huntington Drive. The tentative map was approved by the Planning Commission subject to specified conditions with an additional condition recommended by staff (see report dated January 4, 1977). I.t waS MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that Council finds the project will not have a substantial effect on the environment and that the tentative map of Tract No. 33269 be APPROVED subject to the specified conditions including "the proposed development shall comply with R-3 requirements, except as modified by the Planning Commission and/or the Modification Committee," AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None 1-4-77 - 4 - CONSENT ITEMS APPROVED I 22:9144 On MOTION by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote the following consent items were APPROVED. p ~Ue. 1. f: wP 2. Pi 1~lJf 3. AYES: NOES: ABSENT: AUDIENCE PARTICIPATION CONTRACT AWARD Landscaping maintenance f I I~) t ) FREEWAY 210 NOISE ABATEMENT I 'I ~ I 1/ I- Tract No. 31656 final map - 7 lot subdivision at 400-410 W. Foothill Boulevard. Planning Commission Resolution No. 968 granting a conditional use permit for a Church at 560-610 W. Foothill Boulevard. Planning Commission Resolution No. 969 granting a conditional use permit for a racquetball/health club at 211-223 E. Huntington Drive. Council Members Gilb, Margett, Parry, Saelid, Lauber None None Bernard Cook, 5736 Rowland Avenue, Temple City, spoke to the high shrubbery growing on property at the northeast corner of Longden and Second Avenues which prevents any visibility for vehicular traffic at that intersection and asked that the situation be alleviated. Staff will contact the owners and request that the shrubs be trimmed or if they so desire the City will remove them. Councilman Saelid asked for a report back. Mayor Lauber added that there are many blind corners and suggested that staff could perhaps check these on a section by section basis.. She also asked for a report back. The City Manager presented the results of bids received and the recommendation for award of contract in connection with the landscape maintenance project. It was MOVED by Councilman Parry, seconded by Councilman Saelid and carried on roll call vote as follows that a 3 year contract in the amount of $87,336.00 annually be awarded to White's Landscape Service of Los Angeles and that the scalping and winter rye seeding be continued this year .., with the hope that this be continued in the future years of the contract period; that all other bids be rejected; that any informalities or irregularities in tbe bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None Council had previously reviewed a staff report and a petition signed by 157 homeowners and residents along with other material relating to noise attenuation barriers for the 210 Freeway between the limits of Santa Anita and Fifth Avenues. During the interim from December 7 staff had received communications from Caltrans indicating noise sensitive locations ---- in priority 1 - Westbound Fifth to First Avenues, 2 - eastbound Santa Anita to Fifth Avenue, 3 westbound First to Santa Anita. Staff felt that items 1 and 3 could be combined and that there is no need for a sound wall for the eastbound Freeway (No.2), because the abutting land use is primarily industrial. In response to an inquiry by Edwin Phelps, 315 Joyce Avenue, Councilman Margett, as Council liaison to the San Gabriel Valley Association of Cities, advised that the matter had been presented to that group and he anticipates a favorable recommendation as other Valley Cities have the same problem. Mr. Phelps expressed confidence that the City Council will do everything it possibly can to improve the situation. Cost was es timated at about $600,000 with the City's share at $300,000... however, the State's priority may be revised. Staff will continue its efforts. 1-4 .77 - 5 - REPORT ON BIDS REROOFING Yard & Fire Station No. 1 ( (.{-I f ~ ~~I,V' H U D DEVELOPMENT ACT h ~ \' 'J> \, 22:9145 The City Manager presented a report from the Planning Director and the Superintendent of Building and Safety concerning bids received for the reroofing of the Corporation Yard and Fire Station No.1. There was a misunderstanding of the specifications by some of the contractors which led to a wide range of bids. By contacting the manufacturers of the materials to be used, it was discovered that the specifications which they provided the City erroneously stated a roofing system which was inconsistent with the verbal description of the desired roofing system. It was therefor recommended that all bids be rejected and staff be authorized to advertise for new bids utilizing corrected and amended specifications. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the recommendation of the City Manager be approved. I AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None At the regular meeting of November 16, 1976 Council voted not to participate in the 1977-78 Housing and Community Development program. However staff advised that a representative of the Los Angeles County Department of Community Development would be present at this meeting to explain the program or to answer questions Council may have. Don Grant, County representative, then stated in part that the County did not compose the C09perative agreement however it has added toward the enforcement. He then read a letter written by County Board of Supervisor, James A Ha}es to the City of Hermosa Beach which City had expressed concerns about the language in the Cooperative Agreement as mandated on the County by HUD. Mr. Hayes had advised Hermosa Beach in part that the County could not engage in any activity under the program unless it is in the plan... that this was assurance that the County would not be involved in any unilateral action under the program which would affect Hermosa Beach. Mr. Grant continued that projects which might be selected by a City are accepted by the County as long as the projects fall within the eligibility requirements of HUD. He felt the $300,000 projected for Arcadia is a conservative figure. In response to a question Mr. Grant explained the types of projects permissible under the Block Grant.. ..they involve housing and/or community developments, i. e., rehabilitation, open space, parks, public works, etc..., .that some of the funds could be used for a freeway noise barrier. ..the funds could not be used for a community auditorium. Mr. Grant agreed that the agreement itself is very for- bidding... however, he asked Council to reconsider its decision not to participate and submitted that it is necessary to advise HUD this week. He then read the content of the agreement. It was brought out that the agreement may not be changed. He said in part that the more cities participating the more money for each city. He said there is no way HUD can force a City or the County to place low i~come housing in any specific area other than what the needs are and/~H~tcounty would be I willing to accept. A City is not mandated to provide low cost housing. . . a City develops what it's needs are based on the eligible projects of the program. In clo"ing Mr. Grant explained that the Southern California Association of Governments and the State review the projects from the standpoint of environmental clearance; that the City with the help of the County prepares a contract for exactly what they are going to do with the money. The City Manager recommended accepting the funds for construction of a freeway noise barrier, funds for which are not in the capital improvement program; that this is an opportunity to solve the financing of that project. Council expressed appreciation to Mr. Grant. for his time and effort, but reiterated its position in voting not to accept the funds at this time. 1-4-77 - 6 - I vi HEARING SCHEDULED RESOLUTION NO. 4604 ,/ adopted V ORDINANCE NO. 1581 ( Adopted l! I ORDINANCE 'J NO. 1582 ADOPTED ~ b. .,;: :;'-': :, ~1 :.':,',1>"'.'" . . 22: 9146 Reference waS made to the recommendation of an ad hoc committee formed some time ago that if any additional funding was to be used it should only be for additional study and other than that the Committee was not in favor of accepting any furiding. During the discussion it was sub- mitted that a public hearing had not been held; that if C.ouncil is seriously considering acceptance of the funds that perhaps the public would like to speak on the matter... It was then MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that Council hereby SUSTAINS its action of November 16, 1976 that the City not participate at this time. " AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None A public hearing was scheduled for February 15, 1977 on the Disposition and Development Agreement for property at 211-223 E. Huntington Drive (northeast corner of Second and Huntington). This will be a combined public hearing before the City Council and the Redevelopment Agency, The City Attorney presented, explained the content and read the title of Resolution No. 4604 entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA URGING THE STATE LEGISLATURE FOR THE PRESERVATION OF THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE STATE OF CALIFORNIA, TO ADOPT AND THE GOVERNOR TO SIGN TWO MEASURES, ONE IMMEDIATELY IMPOSING A LIFE SENTENCE WITHOUT POSSIBILITY OF PAROLE FOR ALL PERSONS PRESENTLY UNDER DEATH SENTENCE CONVICTIONS AND FOR ALL FUTURE CONVICTIONS FOR FIRST-DEGREE MURDER AND ANOTHER RE-IMPOSING THE DEATH PENALTY FOR COMMISSION OF MURDER UNDER CIRCUMSTANCES TRA- DITIONALLY ABHORRED BY SOCIETY." It was MOVED by Councilman Saelid, 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, Parry, Saelid, Lauber None None The City Attorney presented and explained that this ordinance had been adopted on December 21, 1976 as an urgency ordinance. He then read the title of Ordinance No. 1581, entitled: "AN URGENCY ORDINANCE OF THE CITY OF ARCADIA ADDING CHAPTER 7 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE IMPLEMENTING THE STATE OF CALIFORNIA ALQUIST-PRIOLO SPECIAL STUDIES ZONES ACT BY REQUIRING GEOLOGICAL REPORTS FOR PROJECTS TO BE LOCATED IN SPECIAL STUDIES ZONES UNDER SPECIFIED CIRCUMSTANCES AND TO REQUIRE THE CITY RECOMMENDATION OF PROJECT APPROVAL OR CON- DITIONAL APPROVAL PRIOR TO ISSUANCE OF DEVELOPMENT PERMITS FOR THE PROJECT. " It was MOVED by Councilman Gilb, 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 The City Attorney presented and explained that this ordinance had been adopted on December 21, 1976 as an urgency ordinance. He then read the title of Ordinance No. 1582 entitled: "AN URGENCY ORDINANCE OF THE CITY OF ARCADIA IMPOSING A MORATORIUM ON DEVELOPMENT OF HILLSIDE AREAS, 1-4-77 - 7 - CLAIM DENIED J LAUBE~ CITY MANAGER V RESIGNATION (DUnbar~ GILB MARGETT ADJOURNMENT 22:9147 ADOPTING ZONING REGULATIONS FOR HILLSIDE AREAS REQUIRING A LAND USE PERMIT PRIOR TO USES BEING UNDERTAKEN, ISSUANCE OF BUILDING PERMITS OR APPROVAL OF TENTATIVE MAPS FOR ANY DIVISION OF LAND, AFTER DECEMBER 20, 1976 AND DECLARING THE URGENCY THEREFOR." It was MOVED by Councilman Saelid, 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 On recommendation of the City Attorney the claim filed by Gary Edward I Fleischer for personal damages was DENIED on MOTION by Councilman Parry, seconded by Councilman Saelid and carried on the following roll call vote: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None On behalf of the City Council Mayor Lauber commended the Sister City Commission for its outstanding accomplishments for the benefit of the visitors from Newcastle. The City Attorney was directed to prepare a resolution to this effect. Council concurred in the suggestion that staff study the area bounded by Second Avenue, Santa Clara Avenue, Fifth Avenue and Huntington and that the City Attorney prepare an appropriate regulatory ordinance relating to building permits. Council accepted with regret Commission of Warran Dunbar. June 30, 1980. the resignation from the Parking place This term would have expired Councilman Gilb asked about the status of the report on voting machines for the new Council Chamber. Staff is currently preparing a report. The City Manager advised in response to a question that the report on water conservation from the Water Manager will be discussed at a later date. At 10:30 p.m. the meeting adjourned to January 18, 1977 at 7 p.m. in the Conference Room. I ?~.K~ Mayor ATTEST: ~dz~?lAU,~A~ City Clerk 1-4-77