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HomeMy WebLinkAboutJULY 5,1977_2 22:9255 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 - 7 -