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HomeMy WebLinkAboutMAY 3,1977_2 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 22:9218 1 mOCAn" PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PROCEDURAL ORDINANCE BENEFIT PERFORMANCE V PRESENTATION 1 HEARING (Building Code) '3 /'?3fot/. ORDINANCE NO. 1593 ADOPTED 3 /201 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 3, 1977 The City Council of the City of Arcadia, met in regular session on Tuesday, May 3, 1977 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Father Cornelius Phelan,' Church of the Holy Angels ) Councilman David E. Parry PRESENT: ABSENT: Council Members Gi1b, Lauber, Margett, Parry, Sae1id None On MOTION by Council Member Margett, seconded by Council Member Lauber and carried unanimously the minutes of the regular meeting of April 19 were APPROVED. On MOTION by Council Member Gi1b, seconded by Council Member Lauber and carried on roll call vote as follows the provisions of the Procedural Ordinance were WAIVED. AYES: NOES: ABSENT: Council Members Gi1b, Lauber, Margett, Parry, Sae1id None None Kevin Russell, Arcadia High School student, spoke on behalf of Charlie Shep~, Nho is confined at City of Hope and explained a fund raising event to be held as a benefit for the City of Hope on May 11' at Arcadia High School. Placards were circulated which will be exhibited throughout the City in an endeavor to publicize the event, Council extended assistance to the students through the sale of tickets, Mayor Sae1id proclaimed the week of May 9 through May 15 as Inter- national Municipal Clerks' week and presented the Proclamation to City Clerk Christine Van Maanen. In compliance with recent legislation which requires local and county governments to make an express finding for local modifications to the uniform housing standards which findings must be filed with the State Department of Housing and Community Development. The appropriate ordinance has been prepared for readoption. Pursuant to the State Environmental Quality Act a Negative Declaration has also been prepared. Mayor Sae1id declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Council Member Lauber, seconded by Councilman Parry and carried unanimously. It was MOVED by Councilman Gi1b, seconded by Councilman Parry and carried unanimously that Council APPROVE and file the Negative Declaration and find that the project will not have a significant effect on the environment. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1593, entitled: "AN ORDINANCE OF 5-3..77 - 1 - RESOLUTION NO. 4623 ADOPTED -;}/?;&'/ HEARING (Substandard building) p: ~/....- ~ SEL J./i "L 22: 9219 THE CITY OF ARCADIA AMENDING CERTAIN BUILDING REGULATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE, THE UNIFORM BUILDING CODE 1973 EDITION, UNIFORM BUILDING CODE STANDARDS 1973 EDITION, UNIFORM MECHANICAL CODE 1973 EDITION, UNIFORM HOUSING CODE 1973 EDITION, UNIFORM PLUMBING CODE 1973 EDITION, UNIFORM WIRING CODE 1968 EDITION, NATIONAL ELECTRICAL CODE 1971 EDITION, AND WITH CHANGES, ADDITIONS AND DELETIONS THERETO AND FINDINGS THEREFOR. " It was MOVED by Council Member Gi1b, seconded by Council Member Lauber and carried on roll call vote as follows that the further reading of ordinance No. 1593 be waived and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Council None None Members Gilb, Lauber, Margett, Parry, Saelid The City Attorney presented, explained the content and read the title 1 of Resolution No. 4623, entitled: "A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF ARCADIA MAKING FINDINGS OF LOCAL CONDITIONS NECESSITATING THE CHANGES AND MODIFICATIONS MADE BY THE ARCADIA MUNICIPAL CODE TO THE UNIFORM BUILDING CODE 1973 EDITION, UNIFORM BUILDING CODE STANDARDS 1973 EDITION, UNIFORM MECHANICAL CODE 1973 EDITION, UNIFORM HOUSING CODE 1973 EDITION, UNIFORM PLUMBING CODE 1973 EDITION, UNIFORM ELECTRICAL CODE 1971 EDITION AND BY ADOPTING THE UNIFORM WIRING CODE 1968 EDITION WITH MODIFICATIONS, AS SET FORTH IN CITY OF ARCADIA ORDINANCE NO. 1593," It was MOVED by Council Member Gilb, seconded by Council Member Lauber 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: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Pursuant to the prov~s1ons of the Property Maintenance regulations a Notice and Order for correction of substandard conditions for property at 646-652 W, Huntington Drive was issued. The owners of the property, Wayne Davis, Max Moore, et a1., appealed the Order and this public hearing was scheduled, The Planning Director explained the situation and circulated photographs of the property indicating violations. A communication submitted to the owners by the County Health Department was also made part of the record and listed health violations which the owners were directed to abate. Staff advised that the condition actually has not improved although some remedies had been taken. Mayor Saelid declared the hearing open and Morey Moore, 945 Westholme, Los Angeles, one of the owners, stated in part that he was not objecting to the order to abate but that it was the responsibility of one of the other owners, Wayne Davis, to maintain the subject premises, and that Mr, Davis had been unable to look after it due to the illness 1 of Mrs, Davis, He noted the age of the buildings. He said he would commence immediately to repair and comply with the regulations. He also said the property is due for redevelopment very soon, Staff noted a statement by Mr, Davis in 1974 indicating that the property would not remain undeveloped very long, however, it was also sub- mitted that innninent development should not waive a property owne,rl s responsibility for maintenance providing for adequate health and safety of tenants and the public in general, Councilman Gilb expressed deep concern on the health hazards and cited visual instances of garbage and rubbish on the grounds. Mr. Moore said he had not seen this in his recent inspection. The Property Maintenance Inspector advised that about 20% of the conditions have been met in the past few weeks, i. e., most of the cars have been removed and some debris has also been removed, but that basically conditions are about the same. In response to questions the legal aspect of this matter was explained by the City Attorney. No one else desirng to be heard 5-3-77 - 2 - 1 .' 1 CONDI TIONAL USE PERMI T (Radiator Shop) P .' r!-lIf- 22: 9220 the hearing was CLOSED on MOTION by Council Member Lauber, seconded by Council Member Gi1b and carried unanimously. Councilman Parry felt if Mr. Moore is sincere and will endeavor to correct the violations he would be in favor of giving him perhaps another two weeks to comply, Council Member Lauber was of the same opinion; she would like to give Mr. Moore the opportunity. Councilman Margett had a similar observation and submitted that surely the owner realizes that the City Council would prosecute unless the conditions are corrected during the next two weeks. Councilman Gi1b did not agree and felt that Mr. Moore has been given every chance thus far and it is not fair'to the citizens to permit this to continue. 'He also felt it would be impossible to correct the violation in two weeks, He was in favor of affirming the Notice and Order issued by the Building Official and MOVED for immediate prosecution. This motion did not receive a second. Councilman Parry then MOVED to affirm the Notice and Order of the Building Official; that prosecution not commence until May 17 at which time it will be determined if the owners have complied with the Order and if not the City Attorgey will then be instructed to prosecute. Mot ion seconded by Council Member Lauber.' It was MOVED by Councilman Gi1b, seconded by Mayor Saelid the motion be amended to provide that the Property Maintenance Inspector make an inspection at 10 a.m. Thursday May 5 and if any garbage is strewn about the premises that the City Attorney be directed to prosecute, Roll call vote was then taken on this motion. AYES: NOES: ABSENT: Council Members Gi1b, Sae1id Council Members Lauber, Margett, Parry None (Motion did not carry.) Roll call vote was then taken on the primary motion made by Councilman Parry: AYES: NOES: Council Members Lauber, Margett, Parry, Sae1id Council Member Gi1b (he is in favor of prosecution but would like to see it commenced immediately as, in his opinion, the owners have had ample opportunity to comply). None ABSENT: Council Member Parry then MOVED that in the event the health violations are not brought into conformity with the County Health Code that the City Attorney be directed, after a lapse period of five (5) working days, effective immediately, to proceed with prosecution under the Health Code. Motion seconded by Council Member Lauber and carried on roll call vote as follows: AYES: NOES: Council Members Lauber, Margett, Parry, Sae1id Council Member Gi1b (on the basis that he is of the op1n10n that prosecution on the health hazards should commence immediately, ) None ABSENT: Council will receive a status report on this entire matter on May 17. The Planning Commission by Resolution No. 985 granted a conditional use permit to construct a radiator shop and industrial park at 401-405 N, First Avenue and 53 La Porte Street. It was MOVED by Councilman Gi1b, seconded by Council Member Lauber and carried unanimously that the conditional use permit be approved subject to all conditions set forth in said resolution. - Council adjourned to an Arcadia Redevelopment Agency meeting. 5-3-77 - 3 - 22: 9221 Council r~convened. AUDIENCE PARTICIPATION ~ ~ , /V'Vv{- APPRAISAL PAYMENT AUTHORIZED ~ STREET IMPROVEMENT (Foothill Blvd. ) a- /37 7 NEWCASTLE PARK .::J- I ~ lpl Gordon Maddock, representing the Baldwin Realty Company, asked Council to consider giving priority to a zoning matter which has been delayed due to a backlog of commitments. The area in question is bounded on the north and east by the Foothill Freeway, on the south by La Porte Street and on the west by Santa Anita Avenue, Staff advised that the study is progressing and should be completed in about six to nine months... that if another study could be deferred it would be possible to complete the subject report in about three months. The first step would be to amend the General Plan. It was the consensus of Council that the matter be moved up with the first step before Council during the ~onth of June. 1 Here Fletcher, 175 W. Lemon Avenue, spoke to water conservation and the need for the City to prepare and submit specific plans. He also felt the recent installation of tiger claws at Baldwin and Hugo Reid is too extreme- and explored what could happen, He asked "why not close Hugo Reid entirely?" He was advised on the eventual parking spaces proposed for the Arcadia Medical Center and those for public parking. Ray Bergen, 444 W. Duarte Road, spoke to the speed on Duarte Road which is 25 mph. He asked Council to either enforce the regulation or to incn,as," the speed limit. It was noted that Campus Drive has a 35 mph spe~d limit. The Director of Public Works will make a report and recomnendation to Council. On recommendation of the City Manager it was MOVED by Counci~ Member FaTTY, seconded by Council Member Lauber and carried on roll call vote as follows that $50 be APPROVED for payment to Mauro Pappalardo for assisting in the appraisal of certain properties in the vicinity of Third Avenue and Santa Clara Street, Funds in the General City Contingency Account. AYES: NOES: ABSENT; Council Members Gilb, Lauber, Margett, Parry, Sae1id None None Council received the plans and specifications for the improvement of Foothill Boulevard from Santa Anita to Michi11inda (Job No. 442), The plans basically call for construction of an eight foot wide center median which will be landscaped next year in the second phase of the total improve~ent. There will be parallel twenty-three foot roadways which will accommodate two lanes of traffic in each direction with no on-street parking. There will be median openings with left turn pockets. Sidewalks will be installed adjacent to the curb except at frontage road locations and vacant properties at the southwest corner 1 ;~d:;~:;;~::;::;~;:;;;l:;;;;::;;;:~~:a;;:;;:;;::~:;;;;;;;;;;:;:;;ation. APPROVED. AYES: NOES: ABSENT: Council Members Gi1b, Lauber, Margett Council Members Parry, Sae1id None Council received the. design plans and specifications for the proposed Newcastle Park.. 'these comply essentially with the recommendations of the Recreation Commission. Some slight shifting of the facilities have been made.. other than that the plans have not been altered. DiScussion ensued on the facilities to be included at the Park and 5-3-77 - 4 - 1 SAN LUIS REY LIGHTING HEARING SCHEDULED 9/381 POLICE AGREEMENT WITH COUNTY 8-0# I CVo-L ,J;j RDINANCE NO. 1594 INTRODUCED V" ; ~ ~. ,', <,. ',,' 22: 9222 the lighting was a matter of concern to Council.. what with the tennis, handball and volleyball courts to be lighted. During this discussion Minto Sullivan, 407 San Luis Rey Road, asked Council to do everything possible to eliminate any glare or blinding from the lights. The Director of Public Works explained the proposed light angles and advised that they would be sodium vapor 1ights..not mercury vapor, It was suggested that Mr. Sullivan visit the Bicentennial Park to observe the lighting there which is what is being proposed for this new park. Councilman Gi1b suggested investigating the type and cost of installing lights over the tennis courts which are being used in another city. He commented that these do not shine beyond the tennis courts and are angled ',directly overhead. Due to recent vandalism at the Tierra Verde Park restroom installation was also a matter of concern. The Director of Public Works explored the type of construction material proposed. There was a leaning toward having the plumbing stubbed in initially. Council Member Lauber, however, felt the restrooms are a must inasmuch as this park will be much larger than any of the others and it will have more facilities for various activities along with picnic tables, barbeques and the like to serve families and larger numbers of persons, The Recreation Department will have the responsibility of supervising the park and the possible use of the courts by an adjacent private school was submitted. The City Manager will check this out, Council Member Gi1b MOVED that the plans and specifications be APPROVED; that the restrooms be eliminated; that the plumbing for such installation be stubbed in and that staff submit an alternate to the lighting of the tennis courts.. along with the difference in cost, Councilman Parry seconded the motion which was carried on the following roll call vote. AYES: NOES: ABSENT: Council Members Gi1b, Margett, Parry, Sae1id Council Member Lauber None On MOTION by Council: Member Margett, second~d by Council Member Gi1b and carried unanimously a public hearing was scheduled for May 17 on the street lighting project - San Luis Rey Road. This hearing will be for the purpose of hearing any objections by the affected property owners. In order for the County Sheriff's Department to manage and properly fulfill its responsibilities to the California Department of Justice in its role as Message Switching Computer (MSC) Agency for the California Law Enforcement Telecommunications System in the County, it is necessary to have official authorization to sign an agreement to allow the Police Department to participate in the system. Whereupon it was MOVED by Councilman Margett, seconded by Councilman Parry and carried unanimously that the Mayor and City Clerk be authorized to execute the agreement in form approved by the City Attorney. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1594 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 2945 OF THE ARCADIA MUNICIPAL CODE BY PLACING THE DIRECT SUPERVISION OF THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS UNDER THE CITY ENGINEER INSTEAD OF THE ASSISTANT CITY ENGINEER." It was MOVED by Council Member Margett, seconded by Council Member 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, Lauber, Margett, Parry, Sae1id None None 5-3-77 - 5 - ORDINANCE NO. 1595 INTRODUCED ./ ORDINANCE NO. 1596 INTRODUCED / CLAIM DENIED (General Telephone) YOUTH COMMISSION YOUTH SYMPOSIUM SISTER CITY ACCOUNT ADJOURNMENT TO DATE CERTAIN 22:9223 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1595, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 2270 OF THE ARCADIA MUNiCIPAL CODE BY INCREASING THE NUMBER OF MEMBERS OF THE CITY OF ARCADIA RECREATION AND PARKS COMMISSION FROM FIVE TO SEVEN MEMBERS." It was MOVED by Council Member Parry, seconded by Council Member Margett 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: Cou~ci1 Members Gi1b, Lauber, Margett, Parry, Sae1id None None 1 The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1596 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTION 4216.1.8 REDEFINING NON-PROFIT CHARITABLE ORGANIZATIONS." It was MOVED by Council Member Gilb, seconded by Council Member Margett 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 Gi1b, Lauber, Margett, Parry, Saelid None None On recommendation of the City Attorney the claim filed by the General Telephone Company for property damage was DENIED on MOTION by Councilman Gilb, seconded by Council Member Lauber and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Council Member Lauber advis~d of the forthcoming Youth Commission dinner (May 22) at which Councilman Gilb will be the speaker, On MOTION by Council Member Lauber, seconded by Council Member Gi1b and carried on roll call vote as follows $165 was appropriated from the General Contingency Account to pay for three Youth Commissioners to attend a USC Symposium June 19 - 24. AYES: Council Members Gilb, Lauber, Margett, Parry, Sae1id NOES: None ABSENT: None It was MOVED by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows that $500 be appropriated from the General Contingency Account and transferred to the Sister City Account. 1 AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Sae1id None None At 10:30 p.m. the meeting adjourned to May 9 at 4 p,m. ATTEST: ~~~~ City Clerk 5-3-77 - 6 -