HomeMy WebLinkAboutJULY 5,1977_2
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OFFICIAl PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
1
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTES
APPROVED
HEARING
/(HillSide
Development)
JULY 19
1
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JULY 5, 1977
The City Council of the City of Arcadia, met in regular session on
Tuesday, July 5, 1977 at 7:30 p.m. in the Council Chamber of the
Arcadia City Hall.
Rev. Dr. Paul G. Johenk, Chaplain Methodist Hospital
Council Member F10retta K. Lauber
PRESENT:
ABSENT:
Council Members Lauber, Margett, Parry, Sae1id
Councilman Gilb
On MOTION by Councilman Parry, seconded by Council Member Lauber and
carried unanimously Councilman Gilb was excused.
On MOTION by Councilman Margett, seconded by Councilman Parry and
carried unanimously the minutes of the regular meeting of June 21 and
the adjourned regular meeting of June 27 were APPROVED.
Planning Commission Resolution 988 recommending a text amendment to
the Zoning Ordinance establishing an R-M Residential Mountainous Sing1e-
Family Zone. It was set forth in the July 5 staff report that the
initial study for the proposed project did not disclose any substantial
or potentially substantial adverse change in any of the physical
conditions within the area to be affected by the project including land,
air, water, minerals, flora, fauna, ambient noise and objects of
historical or aesthetic significance and a Negative Declaration has
been prepared. Staff submitted a further recommendation for a change in
Section 9250.4.2 --- to allow a maximum street grade of a flat 6 or 7%.
Mayor Sae1id advised that the hillside area homeowners group has asked
that this matter be continued in order for their attorney to make input.
However, for the benefit of those in the audience who may not be able
to attend a future meeting he declared the hearing open.
Clifford R. Anderson, representing the homeowners group, advised that
in addition to this matter the group is vitally interested in another
agenda item concerning the adoption of Chapter 70 of the Uniform
Building Code relating to excavation and grading. Mayor Saelid advised
that the City has been informed that the 1976 Uniform Building Code
will be available within a reasonably short time and that Council will
not be taking any action on that item at this meeting.
Al Coke, 584 W. Huntington Drive, advised that he cannot attend the
next meeting and submitted that he is not opposed to the ordinance,
however, he did feel there are two things which make the ordinance
impossible to live with .... 1) the proposed maximum street grade of 6,
7 or 8% which would make it impossible to develop the specific property
in which he is interested. 2) ... in order for an application for a
development permit to be considered as "filed" all information must be
complete and accepted by the Director of Planning. He felt it would be
economically unfeasible for anyone to perform according to the requirements
7 - 5- 77
- 1 -
HEARING
(Cable TV
rates
increased)
o b/ t(
r:5)
, {!\' J
F I BINGO
(July 19)
).
i c' U P
231 E. Foothill
Blvd.
HEARING
SCHEDULED
JULY 19
HEARING
SCHEDULED
AUGUST 16
HEARING
SCHEDULED
JULY 19
PI,
TRACT
NO. 33652
Tentative
Map APPROVED
22:9256
of the ordinance.... He submi tted that the entire process could be
accomplished under the normal. tract developm~nt procedure. which is
broken up to the point where it would be acceptable to everyone. In
response to an inquiry he said the owners of the property in which he
is interested would in all probability be present at the next meeting.
Mr. Coke will put into writing all of his suggestions and submit
them by July 13 in order for staff to have time to analyze."
Request of Teleprompter of Sierra Madre for an increase in the monthly
rate for additional residential outlets from $1.25 to $1.75 and for a
$12.95 charge for installation or reconnect for an old customer. This
latter amount appears out of line with respect to cable rates charged
in ten other cities. Staff advised that there have not been any 1
complaints during the past year and that an improvement in service has
been evident. In response to a question Bob Pearson, General Manager
of Teleprompter, stated in part that it appears feasible to provide
service down to the Foothill Freeway provided the City would be willing
to extend the franchise (the current fxanchise expires in April of
1978). He enumerated steps which would have to be taken thereafter.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Margett, seconded by Councilman Parry and carried unani-
mously.
It was MOVED by Council Member Lauber, seconded by Councilman Margett
and carried on roll call vote as follows that the rate for additional
residential outlets be increased to $1.75 and that the installation or
reconnect of an old customer be increased to $9.95 and that staff
prepare the appropriate ordinance therefor.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
The hearing on the Bingo game application filed by the Foothill Jewish
Temple Menls Club waS continued to July 19 - on request of the applicant.
On recommendation of the Planning Commission the conditional use permit
for an eating establishment at 231 E. Foothill Boulevard was APPROVED
on MOTION by Councilman Parry, seconded by Council Member Lauber and
carried unanimously. It is proposed to operate an ice cream parlor at
said address.
The City Council scheduled a public hearing for July 19 on the appeal
filed by Orlando Clarizio from the decision of the Planning Commission
in its denial of a conditional use permit for a board and care
facility at 716-718 W. Camino Real (Resolution No. 990).
1
The City Council scheduled a public hearing for August 16 on the
recommendation of the Planning Commission for a zone change from R-2
to R-2 P at 810 S. Second Avenue, southerly 45 feet of 210 and 218
Alice and existing alley. It was noted that a Resolution vacating the
alley will be before Council at the next meeting.
The City Council scheduled a public hearing for July 19 on the
recommendation of the Planning Commission for a text amendment relating
to front yard requirements i.n the R-3 zone to restrict vehicular
accessways (Resolution No. 992).
On recommendation of the Planning Commission it was MOVED by Councilman
Parry, seconded by Council Member Lauber and carried on roll call vote
7 - 5-77
- 2 -
fJ ',.
TRACT
NOc 33617
1 Tentative
Map
APPROVED
CHAPTER 70
UNIFORM BLDG.
CODE (1976)
,I, r):, ,: (I
I
/ R-3 ZONE
'I UNDERGROUND
PARKING BONUS
PROVISIONS
1 """'"
,
/~ tr !
~
22: 9257
as follows that the Negative Declaration be approved and filed, and that
Council finds that the project will not have a significant effect on
the environment and that the tentative map of Tract No. 33652 (411 E.
Duarte Road) be APPROVED subject to all conditions outlined in the
staff report of July 5.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
On recommendation of the Planning Commission it was MOVED by Council
Member Lauber, seconded by Councilman Margett and carried on roll call
vote as follows that Council approve and file the Negative Declaration
and find that the project will not have a significant effect on the
environment and that the tentative map of Tract No. 33617 (480 W.
Huntington Drive) be APPROVED subject to all conditions outlined in
the staff report of July 5.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
Mayor Saelid stated for the record that "while he opposed this in terms
of giving the variation originally requested for the garages facing on
La Cadena, he still felt his action then was proper. On the other
hand, the. application now conforms with the relief granted. II
Council received the report on the Chapter 70 of the Uniform Building
Code regarding excavation and grading. Differences between this
Chapter and the City's existing grading regulations were set forth in
the report. The Planning Director advised that the 1976 Uniform
Building Code should be available soon and it was MOVED by Councilman
Parry, seconded by Councilman Margett and carried unanimously that
staff be directed to initiate proceedings for Council's consideration
of adopting this Chapter and for the retention of certain existing
AMC sections relative to City work, excavations in the public rights
of way, requirement of estimating starting and completion times on the
permit application, fees, expiration of permits, denial of permits,
appeal of such denials, revocation of permits, maintenance, planting
and irrigation requirements. Staff will submit an outline of the
impact of this on hillside development. Council. would like to
consider this at the same time the hillside ordinance comes up again
(July 19).
:-?
Council received the Minute Resolution adopted by the Planning
Commission which, if approved, would govern the interpretation of the
R-3 density bonus provision of Section 9255.2.7 of the AMC. This was
brought about by a proposed multi-family development which sought to
utilize the R-3 density bonus provided in that section. The development
proposed to have garages below grade with an open driveway also below
grade.. thus there would be no reduction in paved ground surface area
and no corresponding increase in landscaped open space. It was noted
that the intent of the R-3 density bonus provision was that the required
parking spaces and the driveway areas would be underground --- whereby
there would be more landscaped open space before a development could
qualify for a density bonus.
Discussion held on the wording of the minute resolution a nd Council
Member Lauber suggested a slight change in Paragraph 4 Line 3 to read
"... below.grade and.under a structure with additional landscaped area
and open space..." This was agreed upon and it was MOVED by Councilman
Margett, seconded by Councilman Parry and carried on roll call vote
that a text amendment be prepared to effect the recommendation.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
7-5-77
- 3 -
TRACT P:
NO, 33121
FlNALMAP
APPROVED
AUDIENCE
PARTICIPATION
G & S
TOWING
INSURANCE
REDUCED
(: I
.;
I: 1
22: 9258
On TecommeQdatioD of the Planning DepartmeDt the final map of Tract
No. 33121 (1227 S. Temple City Blvd.) was APPROVED on MOTION by Councilman
Parry, secondec by Cou~cilman MaTgett and carried unanimously.
Herb Fletcher, 175 W. Lemon Avenue~ reitcrsted his comments made at a
previous meeting relative to the County facilities using Metropolitan
Water District water and asked if Council had given this any consider-
atiofi. The Water Manager advised that the County Park cannot purchase
water inasmu,oh as it is not a water company. The City Attorney sub-
mitted further that it would not be legal.
if
Richar.d Cross, 284 HacieQda Drive, said he was representing the American
Civil Liberties Union and spoke at length concerning a proposed ordinance
regulating residential parties. Primarily one of his reasons for
opposing the ordinaDce is that it does not set forth any guidelines or
standards which he felt should be in writiDg and that it endangers 1
every citizen's right of freedom of assembly.. Mr. Cross read most of
his remarks and will suomit them in writing so staff will have the
benefit of his obse:cva':ionE. In response to questions he agreed that
prior notice that a par'ty was to be held would be helpful to the police
if the gathering got Out of control, but he felt the proposed ordinance
goes beyond that.
";/
Fred Jahnke, 11 Hacienda Drive, called attention to an article in a
recent LosAngeles Times Newspaper concerning an ordinance which a Los
Angeles Municipal Judge ruled was unconstitutional and which is a
similar type of ordinance although more serious than what is being
considered here. Mr. Jahnke felt there are sufficient laws on the
books if they are enforced~ i. 8" noise ordinances, alcoholic
drinking laws. property damage and traffic enforcement laws. He felt
just to obtain a permit would not prevent the type of parties the
ordinance relates to, ..that it would limit his rights to peaceab~
assembly which he finds objectionable. He said he would not object to
notifying the police that a party is to be held providing he was not
told he could not do this or that .. and that the ordinance goes too
far. He suggested Council read the police reports.
/
Mrs. Julie Ropf, 275 W. Foo':hill Boulevard, spoke
enforcement once a par1:Y has gotten Dilt of hand.
idea of pre-notice.
to the problem of
She endorsed the
v'
The City Attorney briefly explored the reasons Council is considering
the proposed ordinance ..... primarily the Chief of Police asked for
such a doc~~ent as he did not want to put the residents through the
long process of going through the Planning Department and the City
Council as required by the zoning laws; that he thought by asking a
resident to come to his officp- for a permit three days before the party
he would be serving the homeowners in that sense and at the same time
he would be solving some of the ~roblem3.
/'
Mrs. Louise Werner, Rancho area resident, submitted her experience in
observing some of the parties and suggested that there are halls and
parks where such e.V8nts may De held.
1
Mayor Saelid advise:! that all written connnents would be. welcome.
I
Council will hold a study session with staff on July 27 at 4 p.m. in
the Council Chamber. This wEl be an open meeting, although not a
public hearing. The Hearing is scheduled for August 2.
The owner of G & S Towing Service, Shelvy L. Day, requested Council to
reduce his liability insurance requirement from $1,000,000 to $500,000.
His insurance agent Wayne Larson, submitted the insurance situation as
of today and that it. would be a financial burden for Mr. Day to carry
the $1,000,000 which would cost in the ne.ighborhood of $5,000. He
felt this exorbitant for such a small business. Council reviewed the
staff report which reflected the requirements of other cities for this
type of service, none of which were as high. Following discussion it
was the consensus of Council that under the circumstances it could go
along with the $500.000 and it was MOVED by CouncIl Member Lauber,
7-5-77
- 4 ,-
ADVERTISE
FOR BIDS
(Slurry Seal)
1 '
,
ADVERTISE
FOR BIDS
(Street
Lighting)
I
ORDINANCE
NO. l599
ADOPTED
Water Rate
Increase
/
CONSOLIDATED
LIGHTING
1 DISTRICT
APPROVED
RESOLUTION
NO. 4632
ADOPTED
(tract and
parcel maps)
of" ;r-'.'t' ,"1,',;-r
>'I",.;.
22:9259
seconded by Councilman Parry and carried on roll call vote as foll~ws
thac the iilsurance requiremen: be reduced to $500,000 and that the
Mayor and City Clerk be authorized to execute modification of the contract
in form approved by the City Attorney.
AiES:
NOES:
ABSENT:
Council Me~beIs Lauber, Margett, Parry, Saelid
None
Councilman Gilb
It was MOVED ~y Councilman Parry, seconded by Councilman Margett and
carried on roll call vote as follows that the plans and specifications
f~r the 1976-77 annual street maincenance program - slurry seal - Job
No. 459 be APPRO\~D and that the City Clerk be authorized to advertise
for bids.. This project will be financed out of State Gas Tax Funds.
AYES:
NOES:
ABSENT:
Council Me~beTs Lauber~ Margett~ Parry, Satlid
None
Council.!pan Gil:,)
It was MOVED by Councilman Parry, seconded by Councilman Margett and
carried on roll call vote as follows tha~ the plans and specifications
for the street oighting program and San Luis Rey Road and other
lighting projects be APPROVED and that the City Clerk be authorizad to
advertise for bids. These projects are included in the approved
Capital Improvement Frograill.
AYES:
NOES:
ABSENT;
Co~n~il Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
The CiJ:Y Attorne.y presented fo'r the sE:'cond time, explained the content
and read the t it Ie of Ordinance No. 1 599, entith,d: "AN ORDINANCE OF
THE CITY CotJNCII. OF THE Cl TY OF ARCADIA !\MENDING WATER RATES BY
AMENDING SECTIONS 75:,1.1. I AND 7531. 2 OF T!f.E ARCADIA MUNICIPAL CODE. II
It was MOVED by Council Member Lauber, second(,j by Council Member
Margett and carried on roll call vote as follows that the Negative
Declaration for thf: T.\fater !'ate inczease, be APPROVED and that the
reading of the full body of Ordinance No. 1599 be waived and that same
be and it is hereby ADOPTED.
AYES,
NOES:
ABSENT:
Council Members Laube:r J Margett ~ Parry, Saelid
None.
Councilman Gilb
Council received the Director of l'ublic Works annual estimate of costs
of operating each zone of the Consolidated Lighting District during the
fiscal year ipcluding power and maintenance at current rates. This
report was submitted pursuant to the provisions of Section 18164 of the
Streets and Highways Code for the purpose of levying assessments
against the various zones in the district. It was MOVED by Councilman
Parry, seconded by Councilman Margctt and carried unanimously that the
report be APPROVED and that the Finance Director be authorized to
develop a tax rate based on the data contained therein.
Staff advised tha.t the current agr~ement concerning tract and parcel
maps with the County requires some revision due to recent changes in
state law and a resolution has been prepared which will be effective
as long as the agreement remains and will automatically adjust to
future fee changes.
Whereupon the City Attorney prE,sented, explained the content, read the
titl.e of Resolution No. [,632 Entitl.ed: "A RESOLUTION OF THE CITY
7-5-77
- 5 -
(~
SIDEWALK
(Li ve Oak)
RESOLUTION
NO. 4631
ADOPTED
p:
~f tj
of
IS (...1"
LEASE-CITY
OWNED LAND
(230 N. 2nd)
lOr!
22: 9260
OF ARCADIA, CALIFORNIA, ADOPTING A SCHEDULE OF FEES FOR EXAMINING AND
CERTIFYING SUBDIVISION MAPS BY THE COUNTY ENGINEER. II
It was MOVED by Councilman Margett, seconded by Councilman Parry and
carried on roll call vote as follows that the reading of the full body
of said resolution be waived and that the Mayor and City Clerk be
authorized to execute the revised agreement with the County for
examination of tract and parcel maps.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
The City of Temple City has funds in its 1977-78 budget for interim 1
improvements on Live Oak between Glickman and the easterly city boundary
This would incl.ude curb, gutter, sidewalk and paveout on the south side
of Live Oak~ The question was raised as to whether or not Arcadia
would want to consider installing sidewalks on the north side of Live
Oak at the same time. This would accommodate children walking to the
Longley Way School in Arcadia. It was MOVED by Council Member Lauber,
seconded by Councilman Margett and carried on roll call vote as
follows that curb and gutters be installed where such a deficiency
exists and that a five foot sidewalk be installed along that portion
between 481 W. Live Oak and El Monte Avenue. Funds are in the Gas
Tax account.~. estimated cost $30,000.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
Council went on record by this resolution in support of the repeal of
Assembly Bill 301 and thac the League of California Cities support
this at its annual conference to be held in September. The bill is
known as the "Police Officers Procedure Bill of Rights" and severely
restrains the ability of local. agencies to make thorough investigation
of complaints against police personnel.
The City Attorney then read the title of Resolution No. 463l entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF ARCADIA THAT THE
ANNUAl, CONFERENCE OF THE LEAGUE OF CALIFORNIA CITIES MEETING IN SAN
FRANCISCO IN SEPTEMBER, 1977, SUPPORT THE REPEAL AT THE EARLIEST
POSSIBLE DATE OF THE POLICE OFFICERS' PROCEDURAL BILL OF RIGHTS,
AB 301. II
It was MOVED by Council Member Lauber, seconded by Council Member 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 Lauber, Margett, Parry, Saelid
None
Councilman Gilb
1
The City Manager advised that the lease entered into on March 18 with
GUy's Friendly Service and Becherer Buick expired June l8 and that the
land to which Guy's Friendly Service would move his towing operation
will not be available until December. He recommended an extension of
the lease unti 1 that time. Whereu pon it was MOVED by Councilman Parry,
seconded by Council Member Lauber and carried on roll call vote that
staff be authorized to extend the lease until December 3l and to
solicit proposals for lease of the property at that time in an endeavor
to prevent any vacancy.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
7 - 5- 77
- 6 -
ORDINANCE
NO. 1600
ADOPTED
/
1
ORDINANCE
NO. 1602
CONTINUED
FIREWORKS
SISTER CITY
COMMISSION
CONFERENCE
OPEN
HOUSE
EXECUTIVE
SESSION
CLAIM
DENIED
(Custom Sign
& Electric)
1
ADJOURNMENT
22:9261
The City Attorney presented, explained the content and read the title
of Ordinance No. 1600 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA,
CALIFORNIA, ADDING SECTION 3221.10 TO THE ARCADIA MUNICIPAL CODE,
ESTABLISHING A THIRTY-FIVE (35) MILE PER HOUR SPEED LIMIT ON DUARTE
ROAD WITHIN THE CITY OF ARCADIA. II
It was MOVED by Councilman Margett, 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:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
This ordinance relates to changing the definition of automobile car
wash to allow self-service coin operated car washes and will be held
over until the meeting of July 19 when the entire Council is expected
to be present.
In response to an inquiry by Councilman Parry the City Manager advised
on the Fourth of July celebration and any problems therewith.
On MOTION by Council Member Lauber, seconded by Councilman Margett and
carried on roll call vote as follows an appropriation of $168 was
authorized from the Sister City Budget for the attendance by three
members of the Commission at the International Sister City Conference
which will be held in Palm Springs in August. This would cover
registration fee at $56 each.
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
Mayor Saelid advised that there will be an Open House at the new
Medical Building (Wheeler and First) on Sunday and that City officials
are invited.
Council entered an executive session at 10:05 p.m. Reconvened at
11 p.m.
On recommendation of the City Attorney the claim of Custom Sign and
Electric Company for $726.09 was DENIED on MOTION by Council Member
Lauber; seconded by Councilman Parry and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Council Members Lauber, Margett, Parry, Saelid
None
Councilman Gilb
At 11:15 p.m. Council adjourned to 7 p.m. July 19 in the Conference
Room.
Mayor
7-5-77
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