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HomeMy WebLinkAboutAUGUST 16,1977_2 22:9288 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PROCEDURAL ORDINANCE WAIVED APPOINTMENT PRESENTATIONS ADMINISTER OATH OF OFFICE 1 AGENDA ITEMS CONTINUED SEPT. 6 HEARING (BINGO) APPROVED +;~ ~ l' MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 16, 1977 The City Council of the City of Arcadia, met in regular session on Tuesday, August 16, 1977 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall, Rev. Leslie G. Strathern, Arcadia Congregational Church Councilman Charles E. Gilb PRESENT: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None On MOTION by Councilman Margett, seconded by Councilman Gilb and carried unanimously the minutes of the adjourned regular meeting of July 27 and the regular meeting of August 2, 1977 were APPROVED. In order to consider the following item the provisions of the Procedural Ordinance were waived on MOTION by Councilman Gilb, seconded by Council Member Lauber and carried unanimously. On MOTION by Councilman Gilb, unanimously Mrs. Helen Hauser Arcadia Beautiful Commission. seconded by Councilman Margett and carried was appointed to a four year term on the This term will expire June 30, 1981. Mayor Saelid presented to Mrs, AlIi Roysher and George Scott plaques of appreciation for their efforts and accomplishments while members of the Arcadia Beautiful Commission. The City Clerk administered the oath of office to two new members of the Arcadia Beautiful Commission, Mrs. Helen Feichtmann and Charles Batterson. Councilman Gilb presented credentials and welcomed the new members to the official City family. Mayor Saelid announced that Item No, 5 (Hearing' on a land use permit to develop industrial buildings at 124 N. Second Avenue) will be placed on the agenda for the regular meeting of September 6. Advised that Items 7a and 7b, zone changes for the Santa Anita School and Longley Way School and the Episcopal Church, are scheduled for public hearings on September 6. Application of the Foothill Jewish Temple Men's Club for a license to play bingo at its center, 550 S. Second Avenue. This had been continued several times in order to allow time for the submission of the necessary documents, It was noted that the Building, Planning, Police and Fire Departments had reviewed the premises and the application and had approved same. Ho~ver, confirming evidence that the organization is a non-profit tax exempt religious organization has not been received by the City Attorney. 8-16-77 - 1 - HEARING /(Alle y V vacation) RESOLUTION /NO. 4641 ADOPTED f HEARING (Zone change) 22: 9289 The hearing remains open and Jerome M. Applebaum, President of the Men's Club, advised that he has been working toward this end and has been advised that a letter of Good Standing from the Exemption Division of the Franchise Tax Board is forthcoming. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried unanimously that the hearing be CLOSED, It was MOVED by Council Member Gilb, seconded by Council Member Lauber and carried on roll call vote as follows that the Bingo License be issued subject to the receipt by the City Attorney of a tax exemption qualification letter from the Franchise Tax Board showing the Temple as tax exempt under Revenue and Taxation Code Section 23701d. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid, Lauber None None 1 Staff advised that subsequent to the City Council's adoption of a Resolution of Intention (No, 4634) on July 19, 1977 a Notice of Alley Vacation was posted pursuant to the provisions of Section 8322 of the Streets and Highways Code, Utility Companies were also notified of the intended action. As there are no existing utility facilities in the alley no easement reservation will be required and there is no foreseeable need to reserve access rights over the right-of-way to be abandoned nor is there a need to retain this right-of-way for public traffic circulation. It was recommended that the vacation and abandon- ment be ordered, Mayor Saelid declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Council Member Lauber, seconded by Council Member Margett and carried unanimously. The City Attorney then presented, explained the content and read the title of Resolution No. 4641 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF THE ALLEY LOCATED BETWEEN SECOND AVENUE AND THIRD AVENUE AND ALICE STREET AND DUARTE ROAD, APPROVING THE NEGATIVE DECLARATION, AND FINDING THAT SUCH VACATION AND ABKNDONMENT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. " It was MOVED by Councilman Margett, seconded by Councilman Parry and carried on roll call vote as follows that Council approve and file the Negative Declaration and find that the project will not have an adverse impact on the environment and that the reading of the full body of Resolution No. 4641 be waived and that same be and it is hereby ADOPTED, AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Staff advised that the Planning Commission recommended ,a zone change for 810 S, Second Avenue, the southerly 45 feet of 210 and 218 Alice Street and the existing alley from R-2 to R-2,P. This would allow development of a parking lot at 810 S. Second Avenue and would serve both existing and future commercial development at 205 and 221 E. Duarte Road. It was felt by the Commission that a parking lot would not have a detrimental effect on adjacent properties to the north. 1 Mayor Saelid declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Council Member Parry, seconded by Council Member Margett and carried unanimously. It was then MOVED by Council Member Lauber, seconded by Council Member Gilb 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 recommended zone 8,16-77 - 2 - 1 1 HEARING Newman, etc. ::f /[80 p;;: 1'"' ".r F ~ i;: .~....,~. ....... -,'1-,,_ 22:9290 change be APPROVED and that the City Attorney prepare the appropriate ordinance. AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Planning Commission recommendation (Res, No. 993) concerning General Plan amendments to the area bounded on the north and east by the Foothill Freeway, on the south by LaPorte and on the west by Santa Anita. Council received the Commission's recommendations, environmental documents and the Planning Department's recommendations. Council also received and reviewed maps indicating land use, zoning and alternatives. Projecturals were reviewed at length. Mayor Saelid declared the hearing open and those interested addressed Council in part as follows: James Dolan expressed an interest in the southwest corner of Colorado and First; that there is every possibility that a condominium could be developed there if it were R-3. Cleveland Hubley, 30 E, Newman Avenue, had mixed emotions about closing off Newman at Santa Anita, but agreed there is a problem from Newman to the Freeway entrance. He hoped it could be delayed pending further study. Palma Poffemoto, Baldwin Realty Company, was advised that it has not as yet been determined if both 34 and 40 E, Newman would be taken for street construction---drainage, etc., would have to be first determined, Gary Kleckner, 54 E. Newman, stated in part that he would like to see the west end of Newman remain open onto Santa Anita for the present and submitted problems encountered now. Dan Anderson, 309 Coyle Avenue, represented the property owners of 21-23 E. Colorado (6 apartment units are located there). He stated in part that he would like to see R-3 zoning for the north side of Colorado and cited the existing R-l houses which are quite old and in need of repair, He also felt it would be more reasonable to have access to Newman from Santa Anita because of the traffic but actually did not have a feeling one way or the other. No one else desiring to be heard the hearing was CLOSED on MOTION by Council Member Gilb, seconded by Council Member Lauber and carried unanimously. Considerable discussion and review ensued. Council Member Lauber favored Map No. 4 which she felt would make for better zoning. She hoped if a condominium is constructed on the southwest corner of Colorado and First it would face Colorado so no multiple type resi- dential development would face on First. And she felt it would be best at this time not to pin down the exact location of the new access street to Newman. She also favored single family residential on the north side of Colorado, but she did not feel strongly in that regard because it is a mixed use now. Mayor Saelid agreed with these observations but felt there is already a great amount of R-3 property undeveloped whereas there is very little remaining R-l property, He could not agree that Colorado could not be developed into single family residences. He would like to see a street put in for access and felt the General Plan should indicate this after a further staff study. He favored the closure of Newman at Santa Anita in order to avoid the same traffic problems which are being experienced in other areas of the City, 8-16-77 ,3- HEARING (SKATEBOARD PARK) DENIED p: (U{J~ ~;J'f,~(.s >- (HEARING OPENED) 22: 9291 Council Member Gilb said in part he could not see any difference between the north and south side of Colorado as far as zoning is concerned. He supported R-3 on both sides of the street, He would 'welcome the construction on the southwest corner of Colorado and First .. it has been vacant such a long time. Council Member Margett expressed concern as to whether or not both sides of Colorado could be developed into R-3, Someone would have to purchase all of the lots to make it an economically feasible venture. Council Member Parry favored the north side of Colorado R-l but he did not feel strongly about it; he would rather see the southwest corner of Colorado and First as R-3 rather than the vacant lot remaining commercial. He would like to see something done for access to Newman so it would not further traffic problems. 1 It was then MOVED by Council Member Lauber, seconded by Council Member Gilb and carried on roll call vote as follows that the General Plan be amended to reflect the north and south sides of Colorado as R-3; the southwest corner of Colorado and First as R-3; close Newman at Santa Anita and staff to determine the opening location for access to Newman, This conforms to Map No.4, AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Appeal filed by Dr. Ben Mirman from the decision of the Planning Commission for approval of a conditional use permit to allow the construction and operation of a skateboard park at 131-37 E, Live Oak Avenue (former site of a miniature golf course.) Prior to proceeding with this item Councilman Margett stated for the record that he will refrain from participating in these proceedings; that his attorney will represent him, He then retired from the Council Table during this consideration. The staff report was reviewed in detail and the approval of the Commission was conditioned as to hours which were to be limited from 8 a.m. to 10 p,m. Monday through Thursday and from 8 a.m. to 11 p,m, Friday through Sunday and nights preceding a legal holiday pursuant to the City Code. A pedestrian, access should be provided from Live Oak. A 6 foot high fence to be allowed in the special 50 foot setback. This to be installed around the entire skateboard park area. It was noted in the Commission's Resolution No, 996 that the proposed use is adequate in size and shape to accommodate the requested use, the site abuts streets and highways adequate in width and pavement type to carry traffic generated by the intended use. The use would not ad- versely affect the General Plan nor the environment. Other conditions stipulated by the Director of Public Works were part and parcel of the report. 1 projecturals of the proposed facility were reviewed by Council with the Planning staff explaining the proposed landscaping, parking spaces, bicycle parking spaces, the location of utility buildings and the general layout of the Park, Councilman Gilb referred to a communication received from Charles Harding, owner and operator of Harding's Gardenland adjacent to the proposed Park. The letter noted the subject lot is now overgrown with weeds and the opinion that the site is not appropriate for the intended use. Mayor Saelid declared the hearing open and Dr. Ben Mirman, representing the occupants of the Green Oaks Medical Building at 115-117 E. Live Oak Avenue, spoke at length in opposition to the Park. He circulated 8-16-77 , 4 - 22:9292 I photographs of skateboard parks in other cities and explained how they operate, which operation would only add to the problems the subject area is now experiencing. He submitted a petition signed by residents of the neighborhood objecting to the facility, His concerns were primarily based on the increase in traffic which would be generated by the new operation, the parking which is already a problem, the noise factor adjacent to a medical building, vandalism which would increase and is already committed frequently - the fact that the offices have various drugs with which the young people are familiar enhances this possibility. The patients, many of whom are arthritic, might be in danger of being hurt or inconvenienced in many ways as a result of the increase in vehicular and/or pedestrian traffic, He urged Council not to consider the subject location for the intended use; that it would be detrimental to the neighborhood and would not enhance the community as a whole, George Olson, 2619 Greenfield Avenue, owner of an apartment building across the street from this Medical Building stated in part that the neighbors do not want the skateboard facility.. they were all concerned about the parking and the increase in traffic along with the noise. He said further in part that they were not unhappy to see the miniature golf course cease operations and felt a skateboard park would bring additional problems especially in the noise area from the loud music. Some discussion was held on the wording of the petition and Mr. Olson said he was going on what he had learned from the way other skateboard parks were operating. Robert Mapes, 2524 Lee Avenue, stated in part that his rear yard would face south toward the proposed park and agreed with the former speakers in their reasons for opposing the facility, June Olson, 2619 Greenfield Avenue, cited the near accidents she has witnessed from her kitchen window which faces the driveway behind the medical building. She could foresee a child being hurt if the subject property were used for this activity. John Wise, 128-130 E. Live Oak Avenue, expressed opposition, David Bewley, 2525 Greenfield Avenue, explained that Greenfield is a long cul-de-sac and that there is a great deal of speeding traffic on the street which comes to a quick stop when it is realized that it is not a through street. He felt this would only increase and the alley is already too congested, Richard Tonkinson, 2525 Lee, felt the location is not proper for such a park and noted that most of the others he has seen are adjacent to a freeway or in an open space. I Lawrence Vanni, 1828 Alta Oaks, Arcadia, representing the applicant, questioned some of the language in the petition which was presented by the appellant, He then addressed his remarks to the report of the Planning Commission which indicates that the applicat{on complies with the applicable Code of the City. The recommendations as to conditions of the Planning staff would certainly be adopted by the applicant. He noted the testimony this evening with respect to the noise factor, increase in traffic, deleterious effect on the neighborhood, He felt Council can distinguish between allegations and proof, He submitted that Mr. Margett has a right as any citizen to apply for the use for a particular parcel of property and if that is not consistent with the General Plan of the City, whether it be Mr. Margett or anyone else, it should be denied. He then directed his remarks to comments made by the opponents - firstly, as to the noise emanating flDm the music. It is his understanding that the applicant is not going to employ the use of music; the use of the land must be consistent with the area which has long since been developed, used, approved and zoned for commercial. 8-16-77 - 5 - 22:9293 All of the existing businesses, logically and by design, attract foot and vehicular traffic in an endeavor to conduct business. Mr. Vanni continued in part that the ages would be between 12 to 16 and some into the 18 year old bracket; that the skateboards are constructed to be almost noiseless; that the noise factor would primarily be generated by the spectators, It is contemplated to serve about 60 persons per hour, He was in accord with those expressing concern as to the tranquility of their neighborhood. That the Commission and staff have made recommendations to prohibit or at least control the very things people have complained about, He noted other developments in the area which bring traffic, whereas this facility is within walking or bicycle riding distance, The operation would probably not start until about 3 p.m., there would be no loud pseakers or music and a membership plan may be utilized. He s4bmitted that because a skateboard I park is constructed it does not follow that it will bring an inevitable increase in traffic, enormous increase in noise and crime, and that the applicant has made a complete disclosure of the plans and is prepared to carry into effect any restrictions imposed by the Commission and the City, Council. In response to a question Mr. Olson said he did not prepare the petition but he did agree with everything which was stated in the petition. No one else desiring to be heard the hearing was CLOSED on MOTION by Council Member Gilb, seconded by Council Member Parry and carried unanimously. Mayor Saelid observed in part that with reference to Mr, Vanni's statement about Mr. Margett's right to enter business within the City he agreed with that philosophy except there would be certain limitations where there could be definite conflicts of interest, Council Member Lauber stated in part that when she was serving in the capacity of Mayor a young man visited 'the Mayor's office with a pEocition requesting a skateboard park,.. The children had to go to Anah"i.m to skate as there wasn't a skateboard park in the City. This petlLin" was forwarded to the Recreation Department but the Commission felt ir should be done on a private basis, not something the City should take on for recreation purposes, She said further in part that the parents have been concerned because there isn't such a facility and the children have been going up to streets on inclines in order to skate down. She felt the subject park would be a service and a help in offering a place to skate under controlled conditions. With respect to the apparent parking situation she said it would be unfair to penalize any businessman who wanted to go into business in that area because of this.,. and that the children would probably ride bicycles or be driven to the park. In response to her question the Director of Public Works advised that if there should be a need a certain area of the curb could be painted red, however, this would have to be checked out with the Police Department as they would have to do the enforcing. Councilman Gilb submitted in part that he was not sure it would get the I children off the,streets and noted that skateboarding on the street does not cost anything. He recalled the parking problem in the area when the miniature golf course was there. He was advised that there are about 8 parking spaces on the street in front of the proposed facility and 31 parking spaces in the rear along with a bike rack. He spoke to the design of the proposed park and the need for control at the entrance inasmuch as parents would have to sign a waiver for insurance purposes. He also felt the hours a person could skate would be difficult to control. The already congested traffic was a, primary concern. Council Member Parry stated in part that although at first he was somewhat interested, as a Councilman he has an obligation to decide whether or not a particular activity is going to adversely affect the 8-16-77 , 6 - 1 PROCEDURAL ORDINANCE WAIVED llliS I GNAT ION VACCEPTED TRACT NO, 33732 Tentative Map APPR~D ' p; . ~ VCOUNCIL MEMBER EXCUSED v. ( CONDITIONAL USE PERM! T 1 RECESS and RECONVENE 1/;.;1';':':,,:,. . .! ,;;.,,-, ::-.-. '-'-of" 22: 9294 environment; that after hearing all the testimony before the Commission and that of this evening he feels there would be just too many problems-- the facility would border a residential area, the congested traffic situation and especially that which would be generated on Greenfield which is not a through street. Mayor Saelid observed in part that he recognized the need for this type of activity witlrin the City; however, the subject location just is not appropriate. After hearing the expressed concerns of the neighbors, those of the adjacent businessmen he could not see where the appeal could be justifiably denied. He favored granting the appeal. Whereupon it was MOVED by Councilman Parry, seconded by Councilman Gilb and carried on roll call vote as follows that the recommendation of the Planning Commission not be accepted and that the appeal from that decision be and it is hereby SUSTAINED. AYES: NOES: ABSENT: Council Members Gilb, Parry, Saelid Council Member Lauber Council Member Margett who did not participate and was not present at the Council Table during the roll call. In order to consider the following item the prov1s10ns of the Procedural Ordinance were waived on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously. On behalf of the entire City Council the resignation of City Manager Lyman H. Cozad was accepted with regret on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously, On recommendation of ' the Planning Commission it was 'MOVED by Councilman Gilb, seconded by Councilman Margett and carried unanimously that the Negative Declaration prepared for the tentative map of Tract No, 33732 (nine unit condominium at 747'749~ Fairview Avenue) be APPROVED and FILED; that Council finds the project will not have a significant effect on the environment; that said tentabYe map be APPROVED subject to all conditions outlined in the staff report dated August 16 and that the Director of Public Works be authorized to execute the Subdivision Agreement. At 11 p.m. on MOTION by Councilman Gil~, seconded by Councilman Parry and carried unanimously Council Member Lauber was excused. On recommendation of the Planning Commission it was MOVED by Councilman Gilb, seconded by Councilman Parry and carried unanimously that the conditional use permit to expand an existing eating establishment (Anthony's Delicatessen) at 1212 S, Baldwin Avenue be APPROVED. At 11:05 p.m, Council adjourned in order to act as the Arcadia Redevelopment Agency, At 11:10 p,m. Council reconvened. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, spoke to a matter he brought up at a former Council meeting - that of the area east of Santa Anita between Huntington and Duarte. This is currently zoned R-3. He suggested Council consider rezoning that area to R-lj that this CQ,uld encourage some single family development inasmuch as the R-3 does not seem to be evolving. He also referred to the cost of installing the tiger claws, sign and light at Hugo Reid and Baldwin - indicating 'No entering'. 8-16-77 ,7- CONTRACT AWARD (Newcastle Park) a-,' Mcff PHASE XI SIDEWALK PROGRAM (SEPT. 6) -41/:;/ K- UPPER RIO HONDO BIKEWAY p;~r 22:9295 He felt the residents of the area it accommodates should bear the cost of that installation. Mayor Saelid commented in part that it was an appropriate use of public funds and because he lives in the general area it could not be construed as promoting his own cause. He referred to the action taken to close off Newman Avenue due to the traffic problem and is a responsibility of the City in a similar manner. Doris Unland, American Association of University Women) referred to her letter submitted to Council recently - also her remarks made at the last meeting. She was concerned with the appointment by Council of qualified women to Boards and Commissions, primarily the Recreation and Planning Commissions on which there will be vacancies, She saiq she felt this would create balanced boards and commissions and encouraged Council in 1 this regard. Councilman Margett said in part that Council has been gratified at the response from citizens in the community, both men and women. The credentials are excellent and all will be considered, Councilman Gilb said in part that all applications are reviewed in depth and Council also endeavors to encourage qualified persons to serve the City, Mayor Saelid commented in part that he seeks qualified persons in an endeavor to strengthen the particular board or commission regardless of gender. The matter of awarding the contract for the construction of the Newcastle Park at 143 W. Colorado Boulevard was carried over until this meeting. The report from staff indicated that the low bidder E. C. Construction Company, had requested permission to substitute electrical sub- contractors which would result in a savings of $850. Pursuant to Council's request that other lighting for tennis courts be investigated staff included a report on its findings in this regard, It was then MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the contract be awarded to E. C. Construction for work included in Schedule I in the amount of $266,240; that the City Council consent to the substitution of electrical sub-contractors; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived; that funds in the amount of $290,000 be APPROPRIATED from the Capital Improvement Program and that the Mayor and City Clerk be AUTHORIZED to execute a contract in form approved by the City Attorney, AYES: NOES: ABSTAIN: ABSENT: Council Members Gilb, Parry, Saelid None Council Member Margett, due to his business affiliation Council Member Lauber Staff submitted a map indicating proposed locations of sidewalk installation for the Phase XI of the sidewalk program. These are based on School District recommendations, citizen requests and staff surveys of deficiencies. The Planning Commission reviewed these locations and did not recommend any changes. The estimated cost is $72,200, however, final funding will not be made until after construction bids have been received, It has been determined that this project will not have a significant effect on the environment and a Negative Declaration will be prepared. The City Council will subsequently receive a further recommendation and will schedule a public hearing on the tentative locations and authorize the Director of Public Works to notify the affected property owners of the impending action. 1 Pursuant to State EIR Guidelines, the County Road Department has prepared an initial study and a Negative Declaration which was submitted to Council for review. The bikeway would be located along the Rio Hondo Channel from Peck Park to Rush Street and through the Whittier Narrows Flood Control Basin to the exi~ting San Gabriel River Bikeway. The 8-16-77 ,8- 1 ORDINANCE NO, 1597 ADOPTED ORDINANCE NO. 1604 ADOPTED ORDINANCE NO. 1605 INTRODUCED (SEPT. 6) 1 RESOLUTION NO. 4642 ADOPTED 22:9296 total length of the project is approximately 8,5 miles through the Cities of Rosemead, South El Monte, El Monte and Arcadia, and an unincorporated area of the County. This will complete another phase of this off-road recreation transportation facility for the use of bicyclists. It was MOVED by CouncilmanPParry, seconded by Councilman Margett and carried unanimously that the Negative Declaration be APPROVED with the finding that the portion of the bikeway in Arcadia will have no significant adverse effect on the environment. The City Attorney presented for the second time, explained the content and read the title of Ordinance No, 1597, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 9231.19 TO ARTICLE IX, CHAPTER 2, PART 3, DIVISION 1, THEREOF, BY AMENDING SECTION 9233 THEREOF AND BY ADDING TO PART 5 THEREOF, DIVISION 0, ENTITLED "R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE", IN ORDER TO ESTABLISH AN R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE, TO SET FORTH PURPOSES THEREFOR, USES ALLOWED THEREUNDER, DEVELOPMENT AND DESIGN REGULATIONS AND A DEVELOPMENT PERMIT THEREFOR." It was MOVED by Councilman Margett, 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 ADOPTE'D. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber The City Attorney presented, explained the content and read the title of Ordinance No. 1604, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9255,2,3 OF THE ARCADIA MUNICIPAL CODE LIMITING VEHICLE ACCESSWAYS IN FRONT YARDS IN THE R-3,ZONE AND'REQUIRING IRRIGATION AND LANDSCAPING." 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, Parry, Saelid None Council Member Lauber The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1605, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY 200 SQUARE FEET OF PROPERTY LOCATED ADJACENT TO BALDWIN AVENUE AT 850 SOUTH BALDWIN AVENUE FROM PR-2 TO C-2 AND PROPERTY LOCATED AT 653 WEST FAIRVIEW AVENUE FROM PR-3, C-2D, AND PR-2 TO PR-3," 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 INTRODUCED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber The City Attorney presented, explained the content and read the title of Resolution No. 4642, entitled: "A RESOLUTION OF THE CITY OF ARCADIA ENCOURAGING AND SUPPORTING THE BID OF THE CITY OF LOS ANGELES TO STAGE THE SUMMER GAMES OF THE XXIII OLYMPIAD IN 1984," 8-16-77 .' 9 - -j-: CLAIM DENIED (Roberts) J~ CLAIM APPROVED (POLLOCK) BINGO CODE AMENDMENTS 4; ~ ~ PARKING DOWNTOWN .::j 1307- ~ REQUIREMENTS TO BE ENFORCED ~ SAN GABRIEL VALLEY ASSOCIATION OF CITIES ~ EXECUTIVE SESSION 1l:50 p,m. 22:9297 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, Parry, Saelid None Council Member Lauber On recommendation of the City Attorney the claim for property damages of Mr. and Mrs. Guy R. Roberts 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 None Council Member Lauber I On recommendation of the City Attorney the Subrogation Claim of the United Services Auto Association, subrogee of Clifford Pollock, was APPROVED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber The City Attorney submitted a report on additional organizations to be allowed to conduct bingo in the City as authorized by recently enacted State Urgency Bill AB 101. It was recommended that in addition to qualified charities bingo be conducted by only those local organizations which have already expressed a desire to conduct bingo but could not because they were not qualified charities, It was noted in the report dated August 12 that the new state law requires service clubs and fraternal organizations to have bank and corporation tax exemptions issued by the State Franchise Tax Board before they can conduct bingo. Senior Citizen groups are not required to have these tax exemptions. Recommendations for the initial license fee and renewals were set forth in the report as was a recommendation for refund provisions. The City Attorney will prepare the amending ordinance for Council consideration. The Economic Coordinator explained the status of the downtown parking plan and Council expressed a desire to endeavor to come to some understanding concerning the alley easements with two of the landlords in the district. Mayor Saelid, the City Manager and the Economic Coordinator will meet with the parties in~estion. Council Gilb advised that the towing service of Guy's Friendly Service at 149 E. La Porte is not complying with the conditons of the permit. Staff will investigate, 1 Councilman Gilb said he did not think some of the material sent out by the San Gabriel Valley Association of Cities is necessary and is probably costly.,.that Council looks to Mayor Saelid to bring back this information. In order to discuss a claim which is an agenda item Council recessed to an executive session. 8-16-77 - 10 - RECONVENE 12:05 a.m. -T' CLAIM DENIED (BARKER) I ADJOURNED TO DATE CERTAIN I 22: 9298 Council reconvened and took up the claim filed by James M, Barker for property damage. Mayor Saelid stated in part that the Insurance Carrier for the City recommends denial of the claim and that the City Council does not have the authority to overrule that recommendation without inviting excessive liability exposure, Whereupon it was MOVED by Councilman Parry, seconded by Councilman Margett and carried on roll call vote as follows that the claim be and it is hereby DENIE D. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber At 12:15 a.m. August 17, 1977 the meeting adjourned to Friday, August 19 at 5 p,m, ATTEST: Mayor ~d City Clerk 8-16-77 - 11 '