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HomeMy WebLinkAboutSEPTEMBER 20,1977_2 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 22:9314 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION OATH OF OFFICE ADMINISTERED HIGH SCHOOL PRESENTATIONS AGENDA CHANGES I ZONE CHANGE 646-650 W. Huntington Dr. p, t-~ WfC E' (j H f 1\\ '1 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 20, 1977 The City Council of the City of Arcadia, met in regular session on Tuesday, September 20, 1977 at 7:30-p.m. in the Council Chamber of the Arcadia City Hall. Rev. Roger Sonnenberg, Our Savior Lutheran Church Council Member Lauber PRESENT: ABSENT: Council Members Lauber, Margett, Parry, Saelid Council Member Gilb On MOTION by Council Member Margett, seconded by Council Member Parry and carried unanimously Council Member Gilb was excused. On MOTION by Council Member Margett, seconded by Council Member Parry and carried unanimously the minutes of the regular meeting of September 6, 1977 were APPROVED. Mayor Protempore Parry and Council Liaison to the Planning Commission, on behalf of the City Council, presented to Mrs. Barbara Reiter a plaque in appreciation of her efforts and accomplishments during her eight year tenure on the Planning Commission. The City Clerk administered the Oath of Office to Mrs. Carolyn M. Brink who has been appointed to the Planning Commission for a four year term. Jim Riley, Arcadia High School Student Body President, presented credentials to the City Council for the forthcoming athletic events. Mayor Saelid announced an agenda item calling for a public hearing on the zone change at 124 N. Second Avenue would be continued to October 4. Also that the items under the Arcadia Redevelopment Agency would not be heard this evening and that a public hearing is being scheduled for October 4 on a matter under CONSENT ITEMS entitled Appeal from Planning Commission recommendation for denial of a zone change at 645-671 Naomi Avenue. Planning Commission Resolution No. 1004 recommending a zone change from COO to R-3 for portions of 646-650 W. Huntington Drive. The recommendation for approval indicated that the change would not become effective until all buildings, structures and fences are removed from the entire property. It was submitted that the change would provide uniform zoning within the area and that the public convenience, necessity and general welfare justify the change. The Commission's initial study did not disclose any substantial or potentially sub- stantial adverse change in any of the physical conditions affected by the project including land, air, water, minerals, flora, fauna, ambient noise and object of historical or aesthetic significance. A Negative Declaration has been prepared. \, Mayor Saelid declared the hearing open and William Smolen representing 9-20-77 - 1 - ORDINANCE NO. 1611 / INT7ED f ZONE CHANGE (Mountainous areas) 22:9315 the Mayor Construction Company, 8121 E. Florence Avenue, Downey, and applicant for the zone change in order to construct a multi- family residential development, stated in part that the proposed development would be consistent with other improvements to the east and south of the subject property. In response to an inquiry he said the condominiums would sell between $70,000 and $100,000. He asked Council to approve the zone change which would enable his firm to proceed. No one else desiring to be heard the hearing was CLOSED on MOTION by Council Member Lauber, seconded by Council Member Parry and carried unanimously. It was MOVED by Council Member Lauber, seconded by Council Member 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 zone change be approved. AYES: Council Members Lauber, Margett, Parry, Saelid NOES: None ABSENT: Council Member Gilb Whereupon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1611, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY PORTIONS OF 646-650 WEST HUNTINGTON DRIVE FROM C-O TO R-3". I It was MOVED by Council Member Parry, 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 INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb Planning Commission Resolution No. 1009 recommending a zone change from R-l and R-l 10,000 & D to R-M Residential Mountainous Single Family Zone and R-M Mountainous Single Family Zone & D for undeveloped mountainous areas. The mountainous area constitutes 308.58 acres and is contiguous to portions of the north and east boundaries of the City. The terrain found in this area requires special controls not found in Zone R-l to insure proper development, A map indicated areas re- commended to be changed. These are set forth in Sections 1, 2 and 3 of Exhibit "A" of said resolution. It was submitted by the Commission that this change would provide uniform zoning, would bring the zoning into conformance with the General Plan, provide adequate protection for hillside areas and that the public convenience, necessity and general welfare justify the change. The initial study did not disclose any substantial or potentially substantial adverse effect on the environment and a Negative Declaration was prepared. The Planning Director displayed and explained projecturals and noted specific areas recommended for the zone change. Reference was also made to a communication from William Beckwith asking that an eight acre portion of the property be excluded from the zone change. The tentative map of this property (Tract No. 27195) was approved some time ago, however it has never been recorded or completed and the approval has long since expired. This tract provided for a 19 lot subdivision with a connection between Oakglen and Oakhaven with two additional dead-end streets which could have been used for the development of additional residential property. Staff submitted that some additional residential development of the less severe slopes beyond the present terminus of Oakglen and Oakhaven may be feasible, but to remove the old subdivision property from the area proposed to be rezoned would expose the areas north of Foothill Junior High to potential development which would not be controlled under a stricter permit process found in the R-M zone requirements and that all un- developed hillside property,now in the Hillside Development Moratorium, should be placed in the R-M Residential Mountainous Single-Family zone to insure proper development. I 9- 20-77 - 2 - 22:9316 In response to Council Member,'Margett the Planning Director advised that some work was done, primarily drainage, for the subdivision which could in the future accommodate the type of development under discussion. Council Member Lauber read the third paragraph and a portion of the fourth from Mr. Beckwith's letter concerning engineering, final drawings and some 80,000 cubic yards of dirt being removed for the subdivision.. hillside cut and permanent gunite benches installed; water and underground utilities brought to the property along with a storm drain to carry the run-off waters which has been extended to within 150 feet of the property together with an easement to allow it to be brought to the subdivision, Cuts were made and the hillside was planted and has withstood the last 11 years with a minimum of eros~n. She asked if this is correct. I The Planning Director responded in part that it is technically correct.. that most of the utilities have been brought to the site not through the site. Council Member Lauber then asked that if the proposed zone change is adopted and Council does not allow the exclusion of the subdivision as requested and because the cuts and pads are there and preliminary work which has been done would Mr, Beckwith be able to go ahead and develop the property under the new regulations or will it just remain there and become an eyesore for perpetuity. The Planning Director said in part that the pads have not been created for the lots as depicted and Mr. Beckwith might not be able to develop the property with the same configurations..that he might be able to create a street connecting Oakglen and Oakhaven and to create some lots although perhaps not as many. Council Member Lauber felt Council should be aware of all the facts of the one section under I discussion before going ahead... that she would like to know now if the ugly scars on the hillside are going to remain there because no one can get to them. Council Member Margett submitted that a qualified engineer should be the one to say whether or not the slopes are okay now; that Council is not in a position to do this. Mrs. Lauber submitted that the proposed ordinance is much more restrictive and makes the specifi- cations for the subdivision a lot tighter, Mayor Saelid declared the hearing open and Irvin LivinRston, 1927 Highland Oaks Drive, representing the Highlanoo Homeowners Association, submitted support for the proposed zone change and the D Overlay. Richard Ober of the United States Forestry Service expressed concern about residential development in the hillside areas and recalled what occurred in the recent tragic Santa Barbara fire. He asked Council to give this special attention. Mayor Saelid commented in part that the R-M zone basically establishes a lower density and provides guidelines. I No one else desiring to be heard the hearing was CLOSED on MOTION by Council Member Lauber, seconded by Council Member Margett and carried unanimously. Council Member Lauber asked for reassurance that a new transition road would permit access to the north Oakglen property so the scalped hills will not remain there. The Planning Director responded in part that there is access. The street which would connect Oakglen and Oakhaven may exceed the 6 percent figure which is something which would be up to the City Council to modify or waive the requirement depending on the specifics of the development. He felt the property in question could be developed under the new classifi- cation but doubted 19 lots could be obtained... Council Member Parry felt the new zoning would meet the objectives desired by Council and submitted that Council does have the right to make waivers if necessary and that he is looking for a quality development in the area with minimal environmental problems. He supported the zone change. 9-20-77 - 3 - 22:9317 Council Member Margett felt the proposed R-M zoning approaches what is desired and with respect to Mr. Beckwith's request for exclusion of his property he felt Council cannot really say at this time whether or not to exclude or include it. He repeated his previous observation that an engineer should be the one to advise on the conditions of the slopes in question. He agreed with Council Member Parry that there are provisions that Council may waive and noted there is no development from Mr. Beckwith before Council at this time....that if he does come in with a proposal it should be in conformity with what may have been developed on the new area, He supported the zone change. Mayor Saelid agreed with the proposed zoning; that it is fully appropri- ate and that Council has been very careful to build in flexibility to deal with unique problems. ,there is no proposed development before I Council from Mr. Beckwith at this time and if and when there is a proposal under the new regulations Council can at that time consider a variance which might be required under a unique situation. He supported the zone change. In response to Council Member Lauber's inquiry Council Member Parry (Council liaison to the Commission) said in part that the Commission did not spell out anything in the way of fire retardant landcover but did feel Council should consider this. Mrs. Lauber felt this should be a definite requirement and that Council should be guaranteed of this type of planting. She referred to a similar development in Claremont. The Planning Director said an ad hoc committee has been formed to look into this and make recommendations concerning fireproof structures as well as landscaping. Mrs. Lauber said she would like the record to reflect that Council be assured of the added fire protection and that this provision be brought back for review. Council concurred. It was MOVED by Council Member Parry, seconded by Council Member Lauber 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 zone change be approved for R-l Residential Mountainous Single Family Zone and R-M Residential Mountainous Single Family Zone & D for undeveloped mountainous areas. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb HEARING (APPEAL) DENIED (LaSalle The Planning Commission recommended denial of a request to develop industrial buildings on substandard lots with additional modifications on LaSalle Street (Chicago Park Tract). This decision was appealed St.) l by the applicant. The Commi.ssion was of the opinion that there are " ol'i~ temporary uses which can be made of the property. Some Commissioners p\\ felt that proper development would occur in the area in the future ~ . and that a substandard development should not be encouraged WhlCh could hinder proper development of the property left between the subject site and the corner of' Peck Road. It was noted that the Arcadia Municipal Code requires a minimum lot size of 15,000 sq. ft. The applicant is seeking a modification of this requirement, I ~. p '. \i J;~ I Mayor Saelid declared the hearing open and the appellant, Wallace Rodine, 5339 N. Peck Road, stated his position and noted that the lots in question have been taxable since 1936 and his proposed development would in some small way recoup that. Projecturals were reviewed and the subject property was indicated along with surrounding improvements; also portions of property currently in litigation in order to clear title. Mr. Rodine said he would be willing to purchase more property but thus far none is available. He felt any development no matter how small, would be a benefit to the area which is vacant except for weed patches, trash piles and the like. His transaction is currently in escrow and he said in part that he would go on with the purchase regardless. In response to a question he said he would not suffer an 9-20-77 - 4 - I HEARING (Sidewalk Program Phase Xl) APPROVED I F: J 1.1/-1< ;~;:: :',;..f....-,..~~ ;,..... ;" ")f:." "~:';.'" '. 22: 9318 economic hardship if the appeal were not granted but did ask for favorable consideration. The City Attorney explained the status of the litigation currently under way and said in part that it is his understanding that the owners are eager to develop the property once judgment has been handed down. No one else desiring to be heard the hearing was CLOSED on MOTION by Council Member Margett, seconded by Council Member Parry and' carried unanimously. Council Member Margett stated in part that he would have to go along with the Planning Commission and to place that size development in the industrial park would really dilute it. He referred to the many extensive studies which have been made of the area and he would be opposed to permitting substandard lots, Council Member Parry submitted that in his thinking there is still a very good chance of development without the problems inherent in the subject proposal. He would go along with the Commission. Council Member Lauber referred to a communication from the Kardashian Enterprises in which it was submitted that their property surrounds the two lots under discussion and it appears they may have a vested interest although they are not represented at this hearing. She felt Council should sustain the Commission at this time. Mayor Saelid concurred with the above observations and noted the endeavors which have established building requirements in the area all of which would be destroyed by the proposed development. He felt there has been no hardship established and Mr. Rodine does not have to proceed with the transaction unless he so desires. He would sustain the Commission. Whereupon it was MOVED by Council Member Parry, seconded by Council Member Margett and carried on roll call vote as follows that the appeal be denied and that the recommendation of the Planning Commission be SUSTAINED, AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The City Council recently approved tentative locations for the construction of sidewalks under the Phase Xl Sidewalk Program and also received the Negative Declaration for the Project. This public hearing was scheduled and the Director of Public Works notified property owners who would be affected of the impending action. Staff submitted cost estimates for the various locations. Mayor Saelid declared the hearing open to anyone desiring to speak concerning any of the following locations: Camino Real (south side) Eighth to Tenth (property line) Holly (west side) Palm to Las Tunas (property line) Colorado (north side) Oakhurst to Chelsea (curb line) Sixth (west side) Longden to Live Oak (property line) Fourth (east side) Camino Real to Duarte (property line) Golden West (west side) Duarte to Fairview (property line between Duarte and Arcadia, and at the curb line between Arcadia and Fairview). Estimated cost $72,200. Funds are budgeted in the amount of $65,000. No one desiring to be heard the hearing was CLOSED on MOTION by Council Member Parry, seconded by Council Member Lauber and carried unanimously. 9-20-77 - 5 - PROCEDURAL ORDINANCE' ASSESSMENT DISTRICT 76-1 ') t.: I' - ,- I ' RESOLUTION NO. 4659 ADOPTED (,?l.,'V (' RESOLUTION NO. 4660 ADOPTED ,- t~ \ \~~) 22:9319 It was MOVED by Council Member Margett, seconded by Council Member Lauber 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 substantial adverse effect on the environment; that Phase XI of the Sidewalk Program be APPROVED and that the City Clerk be and she is hereby AUTHORIZED to advertise for bids on completion of the plans and specifications. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Counci 1 Member GUb In order to take an item out of agenda sequence it was MOVED by Council Member Margett, seconded by Council Member Parry and carried on roll call vote as follows the provisions of the Procedural Ordinance were WAIVED. I AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb Council received the Engineer's Report and Plans and Specifications for the parking improvements proposed by Assessment District 76-1. The Boundaries include the frontage on Huntington Drive between Santa Anita and First Avenues, First Avenue from Huntington Drive, Huntington Drive to Santa Clara Street, Santa Clara Street west to Santa Anita and the frontage on Santa Anita in the same area. The estimated cost of construction is $156,129, construction contingencies $23,419, incidental expenses including legal fees, surveying, engineering, bond costs and administrative costs $44,409, land acquisition $18,000 - or a total of $241,957. Of this amount the City would contribute $70,201 which would pay for the reconstruction of the alley between Santa Anita and First Avenues north of Huntington Drive. Property owners would be assessed, bonds would be sold and the property owners could either payoff their respective assessments within a specific period or within a 25 year period. The formation of the Special Assessment District would be pursuant to the terms and provisions of the Municipal Improvement Act of 1913 being Division 12 of the Streets and Highways Code and the bonds would be issued pursuant to the Improvement Bond Act of 1915 being Division 10 of the Streets and Highways Code of the State of California. F. McKenzie Brown, Bond Counsel for these proceedings, then presented and explained the contents of each of the following resolutions. RESOLUTION OF THE CITY COUNCIL DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR PROCEEDINGS IN A SPECIAL ASSESSMENT DISTRICT. 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. I AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb RESOLUTION OF THE CITY COUNCIL ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION AND EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT. It was MOVED by Council Member Parry, seconded by Council Member 9- 20-77 - 6 - RESOLUTION NO. 4661 ADOPTED I ) 1,6 ./. ENGINEER'S REPORT PRESENTED 13('" t ~II RESOLUTION NO. 4662 ADOPTED I , . )~(. 'l . , RESOLUTION NO. 4663 ADOPTED /. V 3Lt- I . .f " . -- _. - < 22:9320 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 Lauber, Margett, Parry, Saelid None Council Member Gilb RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE ,DISTRICT TO BE ASSESSED TO PAY THE C9STS AND EXPENSES THEREOF; DETERMINING LIQUIDATED DAMAGES; AND PROVIDING FOR THE ISSUANCE OF BONDS. It was MOVED by Council Member Margett, 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 Council Member Gilb At this point the Economic Coordinator made a formal presentation of the Engineer's Report which is on file in the office of the City Clerk. He reiterated most of the report summarized in the opening of this discussion. In addition however the assessment for the individual parcels were set forth in this Report. Discussion held on the cost involved in the removal of post office mail boxes currently located on,a portion of the proposed District. This has not been considered as part of the Cost inasmuch as it would be for the benefit of the Post Office and the cost of removal and relocation will be borne by that agency. Landscaping plans were discussed and it was felt by Council that as presented there would be ongoing maintenance cost as well as water costs and it appears that the planters would be low and would not add to the aesthetics of the District. The planting of trees in some planters was submitted for consideration. The proposed irrigation system was explained. Discussion held on the realignment of the alley and the endeavors underway to obtain easements and it was submitted that an amendment could be adopted prior to the date of receiving bids (October 25) on the landscaping. RESOLUTION OF THE CITY COUNCIL PASSING ON THE REPORT PRESENTED PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913", GIVING PRE- LIMINARY APPROVAL AND SETTING TIME AND PLACE OF PUBLIC HEARING. 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 Council Member Gilb (NOTE: THE PUBLIC HEARING WILL BE HELD NOVEMBER 1, 1977) RESOLUTION OF THE CITY COUNCIL REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS. 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 ADOPTED. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb (NOTE: BIDS WILL BE RECEIVED AT 11 a.m. OCTOBER 25) (Later in this meeting staff advised that Consultants had recommended including an alternate in the plans and specifications for the landscaping;) 9-20-77 - 7 - c. ~. ZONING GENERAL PLAN (NEWMAN AVE.) I , ,/" 'V I' ~' \ <r' ./ PERSONNEL BOARD RULES/REG. RESOLUTION NO. 4657 ADOPTED , , 1\2-: ,:~ \. 'A> ' \d \' 22:9321 The Planning Commission reviewed the City Council's recommendations concerning a General Plan Change for the Newman Avenue area which is bounded on the north and east by the Foothill Freeway, on the south by La Porte and on the west by Santa Anita Avenue. However, the Commission reaffirmed its original recommendations (see Resolution No. 993) and were also of the opinion that R:.l is an appropriate zone for the City and specifically for the north side of Colorado.. if the north side were to be designated Multiple Family Residential this would cause Newman Avenue to become an isolated single family resi- dential cul-de-sac surrounded by commercial and R-3 uses. Further, that changing Colorado to Single Family would stabilize the zoning in the area and encourage property owners to improve properties, whereas if it were changed to R-3 this could discourage property owners from improving their R-l homes in anticipation that they could sell their property for R-3 development. It was also felt by the Commission that a mixed use (R-3 and commercial) could cause development of more commercial uses which in turn would create an increase in traffic which is already a problem on Santa Anita, I During the discussion Council Member Parry recalled that initially he was in favor of R-l for the north side of Colorado as there is presently so much R-3 property not so developed. As Council Liaison to the Commission, he submitted that the Commission members felt strongly that it should be R-l and that he was basically of the same opinion. Mayor Saelid agreed in part and submitted that R-3 would actually create an island and he basically also favored R-l zoning. Council Member Margett agreed in part except that he expressed concern for the residents whom he felt had been led to believe it would be zoned R-3 as a result of Council's recommendation. Council Member Lauber recalled the earlier action by Council wherein Exhibit "B" was voted for without any qualms. She had raised the question at that time "does this have to go back to the Commission?" and was advised that it did not. However, she was later informed that it did. She continued in part that the Planning Commission in her opinion has every right to substantiate its original action however Council has a discretionary power to vote the way it feels and suggested that if Council is going to reverse its action she felt it should await the return of Council Member Gilb whom she recalled felt strongly that the north side of Colorado should be R-3. Council Member Parry felt the matter should be considered again and although it is not required heMov,ed':thlit a public hearing be scheduled for October 18 and that the affected property owners be so notified. Council Member Margett seconded the motion which was carried on the following roll call vote. AYES: NOES: ABSENT: Council Members Margett, Parry, Saelid Council Member Lauber Council Member Gilb Council reviewed the proposed resolution which would amend the Personnel Rules and Regulations relating to vacations, probationary periods and employee grievance procedure. These changes are the result of the meet and confer process with the employee organizations. During the discussion two changes were made. Page 2, line 2 the word 'or' to be changed to 'of' and Page 2, line 9 the figure 1 to be changed to 17. I Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4657 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING RESOLUTION NO. 4186 BY AMENDING THE CITY OF ARCADIA PERSONNEL RULES AND REGULATIONS TO CONFORM THOSE SECTIONS CONCERNING VACATIONS, PROBATIONARY PERIODS AND GRIEVANCE HANDLING WITH AGREEMENTS ENTERED INTO AS A RESULT OF THE MEET AND CONFER PROCESS TAKING PLACE DURING THE YEAR 1977 WITH CERTAIN RECOGNIZED 'EMPLOYEE ORGANIZATIONS." It was MOVED by Council Member Margett, seconded by Councilman Parry 9-20-77 - 8 - .:~..;""W~,;.,:;...,.~ ~', ... :l:..~.-.-u..,... 22: 9322 ,and carried on roll call vote as follows that the reading of the full text be waived and that the same be ADOPTED as AMENDED. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb AUDIENCE PARTICIPATION I FOOTHILL MEDIAN (October }43) 11 {,I I GENERAL PLAN October 18 SPEED LIMI T (Foothill 35 mph) Herb Fletcher, 175 W. Lemon Avenue, referred to a recent tragic fire in Santa Barbara which destroyed many homes which were located in a hillside area. He felt these types of developments would probably be watched very carefully by the insurance companies in the future and suggested swimming pools could be sources of water to fight fires. He felt this is something the Fire Department could do by encouraging the installation of the proper type of pump for homes in the high fire area. Dr. Charles McMonigle, 861 W. Foothill Boulevard, referred to the problem of ingress and egress to his property due to the new con- struction of a median on Foothill Boulevard. His residence is on a private road with only three homes. There is no left hand turn for either entering or leaving his property. He submitted ways in which the problem could be alleviated which would not detract from the aesthetics of the roadway. Reference was made by Mayor Saelid to the extensive public hearings held on the design plans and although there was a difference of opinion on the part of Council after the hearings, a policy was ultimately adopted whereby breaks in the center divider would only be installed at the street intersections where the City could retain the greatest extent possible of the aesthetic amenities of having a continuous landscaped median. He regretted the fact that this was not brought up during the public hearings and if a change were to be made now it would be tantamount to favoring the special interests of those who requested the change after the hearings. Don Sipp, 863 W. Foothill Boulevard, joined Dr. McMonigle in his presentation and submitted that his idea of the median was that it was to beautify Foothill Boulevard and to lessen the speed of the traffic. He was all in favor of the safety factor but he was not aware that the construction would affect the three homes directly. He asked Council to consider the fact that a center divider has been constructed in front of the subject homes and they can only make a right turn and asked to have the subject location reconsidered... both for safety of the families using the roadway and for the aesthetic value of the homes. Mayor Saelid agreed that there is a potential safety hazard involved which concerned him at the time the median was approved for construction. He submitted that perhaps Council should take a look at this in about two weeks and suggested that at the next meeting it be given further consideration at which time Council Member Gilb will be back. Richard Guthrie, Sierra Madre, submitted interest in purchasing city-owned apartments at 610-618 N. Santa Anita Avenue. He would upgrade the apartments with the objective of being permitted to turn the property into a condominium or a multiple apartment. It was noted that the property presently is zoned M-l and a General Plan redesignation would have to be accomplished before any judgment could be made. The matter will be on the October 18 agenda. It was suggested to Mr. Guthrie that he make some schematic rendering to give Council an idea of what he has in mind. Mrs. Barbara Reiter, 210 W. Orange Grove Avenue, asked that during the construction period the speed limits on Foothill Boulevard be changed. I.t is now posted for 45 mph, Because of the work being done there are three different posted speed limits - 45, 35 and 25 at various locations depending on where the construction is at a given 9-20-77 - 9 - I ;':' , TRAFFI C CONTROL (OAK TREE MEET) APPROPRIATION ~ dG~T~~ MAINTENANCE DISTRICT (Annexation 7) (October 18) PARKING DISTRICT HEARING OCTOBER t8 Baldw1n & Fairview J~'O ~'. \ 22:9323 time. She noted that the roadway is under City jurisdiction now. Mrs. Reiter also asked what is to happen to the 10 ft, dedications which were primarily for widening... that sidewalks have now been installed and that the areas in question are all in weeds. Considering the speed limit Council concurred that something should be done now because of the construction which is dangerous and it was felt 35 mph would be appropriate during this period except where the contractor has it posted at 25 mph and then following construction a study should be made to ascertain the appropriate speed. It was then MOVED by Council Member Parry, seconded by Council Member Margett and carried on roll call vote as follows that the speed limit e:.,}) for Foothill Boulevard between Michillinda and Santa Anita be posted at 35 mph and in those areas approaching construction unless a lesser speed limit has been posted by the contractor. I AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb As to the future use of the 10 feet dedicated for widening it has been concluded that widening is not really necessary now with the median; that staff is of the opinion that the wider parkway on the south side would make an excellent bike path and that as far as the weeds are concerned there should be an improvement now. Mrs. Irene Burkner, 1982 Highland Oaks, read a communication previously submitted to Council by the League of Women Voters concerning goals and objectives the League would like to see implemented and gave a number of ways for active informed participation of the citizens in government. Bill Connelly, 815 E. Camino Real, spoke to the speed limit on Foothill Boulevard and the legal aspects. Mayor Saelid noted Council will be and is being guided by the City Attorney. On MOTION by Council Member Lauber, seconded by Council Member Margett and carried on roll call vote as follows that $28,511 be APPROPRIATED from Capital Outlay Fund to cover traffic control for the forthcoming Oak Tree Meet, starting October 7, 1977. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb Section IB040-the Street Lighting Act of 1919-requires the City Council to order the filing of an annexation report consisting of plans and specifications, estimate of costs, diagram of the District indicating the lands and all zones to be benefited by the proposed improvement and to be assessed to pay the cost thereof. It was MOVED by Council Member Parry, seconded by Council Member Margett and carried unani- mously that all such data be filed with the City Clerk prior to the regular October 18 meeting. I At the September 6 regular Council meeting a petition requesting the establishment of a parking district at Baldwin and Fairview Avenues was received. Specifically the proposal is that a parcel located at 653 Fairview Avenue be acquired, modified and developed to serve the parking needs of the commercial establishments in the area. There is an urgency inherent in this matter inasmuch as the subject property is in escrow by a developer of condominiums. The City Council expressed a desire to hear from those in the area and a public hearing was scheduled for OCTOBER 18 on MOTION by Council Member Parry, seconded by Council Member Margett and carried unanimously. Property owners will be notified and notices of the hearing will also be posted by the Director of Public Works. 9-20-77 - 10 - f~ EQUIPMENT PURCHASE APPROVED (Street Sweeper) I ," DANCE PERMIT APPROVED (Ramada Inn) 1,'1' (Ii l)~ I : Ii P "'" POLICE PISTOL TEAM ~ ~, I i 1- "- I I~ I {"'I 11\ I ' ~ /' 11- . WORK ACCEPTANCE (Slurry Seal) r ./'?t./"-' I p: CONDITIONAL USE PERMI T Entertainment ,Center APPROVED '," , ".' j.,-f~-"",< . " .,.-."f>:;...... ':' ~:.. '.' 22: 9324 Council received the result of a call for bids for the purchase of a new street sweeper. Only one bid was received and staff recommended the purchase therefrom. It was MOVED by Council Member Margett, seconded by Council Member Lauber, and carried on roll call vote as follows that a Model 2TE3 Mobil Four Wheel Street Sweeper be purchased from Nixon-Egli Equipment Company in the amount of $34,676.72 (there is an $1,800 trade in allowed). Funds are in the 1977-78 Capital Improvement Budget. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb On recommendation of the City Manager and the Business License Review Board it was MOVED by Council Member Lauber, seconded by Council Member Parry and carried on roll call vote as follows a permit be APPROVED for dancing at the Ramada Inn, 130 W. Huntington Drive, subject to all conditions and a subsequent review and approval of the City Council. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The City Manager advised that the Police Department Pistol Team has been active for a long time in regular monthly "shoots" throughout the year. Selected members enter competitions thrrnIghout the State and entry fees are paid from budget funds. They are considered to be on duty. It was recommended for approval, It was MOVED by Council Member Parry, seconded by Council Member Margett and carried on roll call vote as follows that this activity be APPROVED. Funds in the amount of $1,010 are budgeted for 1977-78. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb On advice that the work performed by the Pavement Coatings Company in the annual street maintenance program (Slurry Seal) Job No. 459 has been satisfactorily completed, it was MOVED by Council Member Parry, seconded by Council Member Margett and carried on roll call vote as follows that the work be ACCEPTED end that final payment be AUTHORIZED in accordance with the contract provisions. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb Planning Commission Resolution No. 1005 granting a conditional use permit to operate an entertainment facility at 21 Morlan Place. The resolution sets forth the conditions to be complied with which were explored by Council. The only change was in Condition No. 9 concerning parking areas to be used by the facility patrons. This to be changed to read "That all parking areas to be used by the entertainment facility patrons be adequately patrolled TO THE SATISFACTION OF THE POLICE DEPARTMENT." During this consideration Paul Fry, the applicant, stated in part that the facility is to be geared to and for the high school age; that no alcohol will be permitted and he would comply with all conditions. It was MOVED by Council Member Lauber, seconded by Council Member 9-20-77 - II - ~~ CONDITIONAL USE PERMITS APPROVED (Pre School) and (Weight Watchers) HEARING SCHEDULED October 4 ORDINANCE NO. 1607 , ADOPT/, ORDINANCE NO. 1608 ADOPTED /' ORDINANCE NO. 1609 INTRODUCED 22:9325 Parry and carried on roll call vote as follows that the conditional use permit be APPROVED subject to all conditions. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb On MOTION by Council Member Lauber, seconded by Council Member Parry and carried unanimously the following two conditional use permits were APPROVED subject to all conditions. 1. Pre-School at 103 W. Las Tunas Drive. Planning Commission Res. 1006. 2. Weight Watchers School at 1117 W. Huntington Drive. Planning Commission Res. 1010. I A public hearing was scheduled for October 4, 1977 on Planning Commission recommendation for denial of a zone change at 645-671 Naomi Avenue. This decision has been appealed. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1607, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY 810 SOUTH SECOND AVENUE, THE SOUTHERLY 45 FEET OF 210 AND 218 ALICE STREET AND THE ALLEY ADJACENT THERETO FROM R-2 TO R-2P". It was MOVED by Council Member Parry, seconded by Council Member Margett 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 Council Member Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1608, entitle~ "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE CITY OF ARCADIA BINGO CODE SET FORTH IN DIVISION 6, PART 1, CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE. " It was MOVED by Council Member Margett, seconded by Council Member 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 Council Member Gilb The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1609, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY SANTA ANITA SCHOOL AND EPISCOPAL CHURCH AT 1900 SOUTH SANTA ANITA AVENUE AND 1881 SOUTH FIRST AVENUE RESPECTIVELY FROM R-2 TO R-l 7,500." I It was MOVED by Council Member Parry, seconded by Council Member Lauber 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 Lauber, Margett, Parry, Saelid None Council Member Gilb 9-20-77 - 12 - - ORDINANCE NO. 1610 INTRODUCED I ORDINANCE NO. 1612 INTRODUCED RESOLUTION NO. 4664 ADOPTED ( NEWS RACK / ORDINANCE I CLAIM DENIED (Mendez) I LEROY AV. REPAVING LAUBER MARGETT . l~ ~' , ,- . . 22:9326 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1610, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO RECLASSIFY LONGLEY WAY SCHOOL AT 2601 SOUTH LONGLEY WAY FROM R-2 TO R-l 12,500." 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 INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1612, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO ARTICLE I, CHAPTER 5, SECTIONS 1500 AND 1501 RELATING TO INELIGIBILITY FOR LICENSES, PERMITS AND EMPLOYMENT FOR CRIMINAL CONDUCT AND AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION RELATED HERETO." 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: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The City Attorney presented, explained the content and read the title of Resolution No.4664, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING ACQUISITION OF FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY." 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 ADOPTED. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The City Attorney explained. the proposed amendments to the Newsrack Ordinance and will proceed with,the preparation of an ordinance for Council considerati~n. ,-J \ On recommendation of the City Attorney the property damage claim of the National Automobile and Casualty Insurance Co., Subrogee of Dr. Michael and Annette Mendez was DENIED on MOTION by Council Member Margett, seconded by Council Member Parry and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb The Director of Public Works submitted that he would not recommend the repaving of LeRoy Avenue and because there are similar areas throughout the City it could set a precedent. (This is in connection with a complaint lodged by Milton Inbody of 149 LeRoy Avenue.) The Director of Public Works will have the fire hydrants in the new sidewalks on Foothill Boulevard painted in an irridescent shade so they will provide reflectors for those approaching the hydrant. The Director of Public Works will report on the need for crossing 9-20-77 - 13 - EXECUTIVE SESSION RECONVENE CLAIM APPROVED j (STREET NAME CHANGES) ~ ~~ ADJ OURNMENT TO DATE CERTAIN 22:9327 guards at First and Camino Real and other congested intersections. The report will include recommendations from the School District and the Police Department. The Planning Director will submit report on the request of the Highlands Homeowner's Association for a uniform tennis court lighting ordinance. At 12 midnight Council entered an executive session. At 12:30 a.m., September 21, 1977 Council reconvened and took action as follows: I It was MOVED by Council Member Parry, seconded by Council Member Margett and carried on roll call vote as follows that a $500 Compromise of claim of the General Telephone Company for an underground telephone cable broken by City repair crew on January 14, 1977 be APPROVED for payment. AYES: NOES: ABSENT: Council Members Lauber, Margett, Parry, Saelid None Council Member Gilb On MOTION by Council Member Lauber, seconded by Council Member Margett and carried unanimously the preparation of documentation for change of La Salle Street to Goldring Road and Myrtle Street to Kardasian Avenue in the Chicago Park area was ordered, Council adjourned at 12:40 a.m. to September 29 at 4 p.m. for the purpose of conducting interviews of those being considered for \. appointment to the Recreation Commission. ATTEST: ({jg~~)~~~ City Clerk I 9-20-77 - 14 -