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Home My WebLink AboutJANUARY 3,1978_2 22:9407 OFFIClAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE ,OF THE CITY CLERK I INVOCA TION PLEDG E OF ALLm lANCE ROLL CALL MINUTE APPROVAL HEAR IN; Lot Split & Variance (Sixth Av) APPROVED D 1, I' ' . J , I ~ J \ 1,,- ]fJv I MINUTES CITY COUNCIL OF THE CITY OF ARCADlA RmUIAR MEETIN; JANUARY 3, 1978 The City Council of the City of Arcadia, met in regular session on January 3, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Mrs. Margaret Stevens, Santa Anita Church George Watts, Acting City Manager PRESENT: ABS ENT : Council Members Gilb, Lauber, Margett, Parry, Saelid None On MOTION by Member Gilb, seconded by Member Lauber and carried unanimously the minutes of the regular meeting of December 6, the adjourned regular meetings of December 8 and 19, and Regular meeting of December 20, 1977 were APPROVED. Appeal from the decision of the Planning Commission in its denial of an application for a lot split and variance for property at 1021-1025 S.Sixth Avenue. The Associate Planner explained the position of the Commission in its denial - that after consideration it was noted that the Commission must consider the needs of the total community as opposed to strictly those of an individual; that it has endeavored not to perpetuate substandard lots and would abide by the established standards. The findings indicated that it would injuriously affect the neighborhood and adversely affect the General Plan of the City. A communication from Mr. and Mrs. K. G. Siegmund, owners of 1103 S. Sixth Avenue in favor of the lot split was read into the record. Mayor Saelid declared the hearing open and Thomas Mathews, one of the owners of the property, stated in part that the property is non-conforming as it stands - being 138.75' wide and 280' deep - improved with two houses. They would like to split the lot down the middle and make two lots of 69.375' wide by the 280' depth. He said the property appears to be two lots as it is. This frontage would be consistent with about 60% of the surrounding properties (within the 300' radius as prescribed.) He noted other locations where lots of less than the required 75' width were APPROVED. Mr. Mathews advised that they proposed and would agree to a condition to remove the old house at 1021 and construct a new single family residence and sell it and remodel the house at 1025. He would like to improve the entire situation. The new house would be in the $90M to $100,000 selling bracket. He would be amenable to conditions. as to a time for the new construction. He felt this would be the high- est and best use for the property which is an eyesore in the neighbor- hood. Harold Penney, 1036 S. Sixth Avenue, stated in part that anything done to the subject property would be an improvement. He said his lot (across the street) is 62' wide with 2800 sq. ft. of house. Diana Curtis, 1020 S. Sixth Avenue, said in part that the subject property has never been maintained properly. They are both rentals and substandard at that. That to require only one house on the property would only bring about another situation where maintaining the large property would be a problem. She would be in favor of the 1-3-78 - 1 - ..Ju'"'-.,-' 22:9408 ,\LD\.I: ~:; lot split and variance providing prov1s10n was made that the old house would be removed and that 1025 would be upgra,cjed. Sh(~H'Ooted )UmJ:J Y"~ L:' ~ 0" -1:' .some' unauttiotized :'parkingl'~6rfJ(vehlic:fl~s' o\{rPt1f~-'iVlr.~\~'k~:)b,lf'=n".JPot; and that there is occasional parking on the front lawn. Robert J. Hermann; ,929 'sJ'siith Avenue, spoke in opposition to granting the lot split and variance. He felt that since the require- ment ,i's',for,a '75". ,'fro'i:lt'age (t~'.m;l[idb-;'Ti.etting the stage for others to apply for a variance from this requirement. He felt permits could be granted to remod'Eil, th," .hi;u'ses. He was advised on the building code - that an owner may paint, reroof, etc., but cannot add square footage. f \'2: [ ,':i..-r-I,AL No one else desiring to be heard the hearing. was CLOSED on MOTION by if() i1'):~'2',: :r-,' ',Member Lau~er'J secondedJby I:1~m~'er'G,~t~:J'ari9'1{cairl~ unanimously. . , -"'l',"''-' \' ,.",'. ,rI.' (1' .'n.'1 .H:\ :ti:. 1),.2L tt~ '('"1SUflS, s.r1.)[.:')1..\ ~f:D "1', . '''' J' . "oJ'"' 'Di~c~ssio~ held and Council was advised o~.lthe'i~~sons for granting a lot split and vari~nce. (All set forth ~~,stat~ report ~efr~)OVMI January 3',' 1978),;\] ['r.', f..:!T1hG ~;:~jF1V~,jG j9"1Bg.ICb .81[1 'W ::1;xI::!. rq ~mber. Laub:r stated ,in .pa:s~ r-,th.~~ .i~ h~;io~l~~,~~~)sris is a~:Nf}~~l~~!rA s1tuatlon w1th two old'. subs tandard 'tiouses eon'the property w1th front- age on Sixth Avenue for ,both an~. \~ ess~nce. 'fl,e }andlockingi,u~J~':,,'DJl b ~! ')UG ,'....r.{ ,developJIlent ,Q',f' t'thifs ~p'r.opert~yl!"l:1]'She .lfel'e/it "J9:~~2rl':!to the nel.gh1Jorhood 1 h. " . Sh .,,,~,'1. . ~ h:-! <<!:fA f h 1 l' d to et t 15 sltuat10n contlnue. e was 10 tavor 0 t e ot sp It an variance but ~ould not want it used for sReculati~e purposes and'l~oLuJd , , ,I. ~_ ,..ir'~"i",...rI.",~rvdfJHH'lIJl~ID.v ..LLv/...IA ,.0 "I'1[.~ ">,C" .suggest. that, the IlegaPcouns'e'~ word"'the' approval 1n such a mannerfj<,th!lt , . ) "this ,would,'not.'occu'r.3.'L' :~o 2~:ljU;J.il';] !)[Ij -/le:,:U(.m.trlB.nu o"JK'IV.i .I.f... sdj . c, ] -~'j,- b I '1' ;"'1" <;J -l'\.';"~..J)'3tj "1') ,::>Dl1ljS9fil j.8.]1)::10"1 D9I~-i1mt f, gfi.i.1'-)l'.;fTJDJJJ,9..:l~.....tl(', '..lL,~~i_..,'" ~o A . Member Margett wa's:;.i!n~TE{ccora-rwitheMrsq~L1~rb~t:':sa pb~ition; that an impro:rement tD_ ~th~( n.~ }.g~"~,~r.?,~?~; ,~~l' i:;p"~~~g}:t ip(',J:9tfA propos:d . de~~A9J~JH :" ins,t "" (', ment.; and) suggested a 't1me per1Od-be'. placed for the demo11t1Onu,! Jt>~ "JS '{j~)'}~'J-'. oldr house~ ~nd for the~I'~~pr~:r~m~~~ 1-9~. f~~~b:t~~{~p~tr~~ at .I025:~ ~r~ "i, 00,1,'" I "Margettf sa1do he 'would, supportn ?', mo,~i'o~ f<;>r' th~s. ~P.t1t w1th CO!)c!!:.~}g!)~ h. h 'ld' 'd'l'h~' '-'''',''''''.r.nrllf;' 'lfl} JO n{J..1Je:..~l\1 nc,.l J;,10"~1 ~,>~" '1"W ~c :.,\o1ou "upgra e t. e-~~t1.;e _~~1.9h~~r~~9g;, ~~~e!]-l though t~t7..\lB~~j?) .r'3 :.' ,',,' .would',not"beo75' as teijui'red~.tneresis.sti.n 19,000 sq. ft. wh~9!\j'f~S.A . ~': .g....lot. f'l d" );.,,: (d L'12(p'";,.;r. [',B ''Zjrne['1.no') .l.....J()...; j1:,I[:; '~~ll,~,l'Jd},l,.. ,0 an.. . f.' i j. " ,I ' . ' , ';0' I';' ~ "'jl:,,},,"r:v_! (_,~ jf)j, ;):,'10'JI90ft0 asL. .r b 1 ,J'.; ~... -. . . - , M' 'b G'lb"d h ''"''r '" "".,,~ rrl"'1~q c-rfj ".,rd Sb.rOB ',.1..' ;, : 0" em er 1 'sa1 e' was 'coni:erned'tnat the property has been allowed J _ ~.'~ ~:' '. t.'" ,-to deteriorate along '-w'{tn ~we~d,s {JridlOp;{t:~r~g "')d~i~-1 c9~ the lawn. He . f d h ,"" ~~. ....'1, +" l-,.ct'i. J QJ9fJ9...J 9.l.J. . . e',;": ~.", . re erre 'to ,t e. property,'ma1ntenance program ,and, quest10ned why th1s ..',. " (J, ,.was _not taKen' :care o'f' throu'gh '~tfi'ieC1pro"WJ)s~sQ.~:,.~th'f~ 'it is the responsi- ,'.. bility of the owner of)'tlie"prop'erty.:td)^il~e)e <'th~t'Jtli1{s is done. Member Gilb would like to be assured that the ~p~lican~,~q~s what is required 'f h 1 l' d .' ..1 ".,'t ""~';31r\'-;lh J.)J ,SE,( );',,'{.Q.~ . J.~ ."0 ,;."I,;'-:J:- 't.e.., otdsP.1.t:a,n 'V~~l:~n~_~~,..~~.r,...~~.pJ~ni"~~d'::.J0A?r~~}:~response to h1.S -_'.;.,'.." l.nqul':,y th~.: C1..ty ~ttorney .s.~_a~t.ed~'~1.n~?a;~tIJ,ff(fItf]t~~P!~J.l? a .new buyer ~nter .'... ,. ' ,the p1cture he, would 'have"to p'urchase the. property subject to hav1ng Jt'J : r' to perform all ,the cond1'tio~'sJci'rrip)6~<~v(F py~:tpe;'tVi~}~~"ouncil and that ld b ' l' d' 1 -, ~),.j rrrr Jt.l(~ 91 Dt)l IT, .;...lJ covenants cou e app le .' a so." 'f . H '., ,. "' .: ~.l':;'_'-1<1f, jJ"1,=,q(i~Iq ~nj DrBS 9 .. . Member ,Parry ~as-. i~' acc.o!~~w'i~hl.' E~~9~~~~tYfl~lg~~~T~'~e thus far and ,felt the Comm1ss1on'scden1al wasuoased primarily on the fact that it , , ,;does not ,want, to'create'substand~rd216ts; tti~t d~~~~il has actually had more input than the C~mmission. H,~,..~~1~e~ .,~?:~U~t~~r-1owner has permitted the property 'to deter10rate.' However; with'tli~ situation as it is he I would feel.the expressed :plans '~6'f r'tl,?e '.JappijiglXrit'~~o~rd bring about much improvement'to the subject propert~~al1d'11fe~~~[g~b~~hood, He would suggest that the matterb'e.r\.forkeCi' 'o'u't' i'e~afi'f:JrD':thl)e' lot split could . . , ", - 1 'l) ii, ~3;:; ,II):..... IJI.'.l ':'. vJ not ,be actually. obta1ned until' 'cer'tafn 'conditions' ha~e been met. , I..' ";', . \, If! :111.1 "1['1 sr.JJ_J B '_oJ TI:e ~ppl~cant submi~ted"that hi,. wo~ld'?t~';dV;'ci iii~B'X~;1 house at 1021 w~th~n s~x months, start construction of a new house on that lot and begin the remodeling of 1025 within a period of njne,months. He felt that would give ample time ,for design and !'bi:ain"th~"'necessary financing. I " "' . '. ;' t:'.J , ~ , ~ .>.:': . "' , " " !'l " o .' -I". , " Mayor Saelid felt that what is exceptional or extraordinary is simply that the property has not been maintained. He r~alized that the lots would be smaller than the code reqi:.irement but he 'did not feel that extraordinary. He referred to the report which indicated other City properties within the same configuration. He could not frankly see that granting this lot split would be materially detrimental to the public health and/or welfare and that the granting of the variance in his opinion would not adversely affect the comprehensive General Plan. He was reluctant however to consider the lack of maintenance and the - 2 - 1.-3-78 I HEARING (S treet Lighting San Luis Rey " lJ y I ~/I I HEARING (TEXT AMEND. ~~7 HEARING (BINGO "WEcARE") APPROVED ') ~ \" y . I,,:) \ ..~ '~ , \ .\." '\ ti ( , ' , :1.: ~-. ','. ".~"; ,,-;",-, "t2~ '9409 size of the houses currently on the property as really making this a unique situation...he was concerned that Council might regret the approval of this. He could see that the general area would be improved but was not certain there is any way to control this. Member Lauber said further in part that in her opinion the developments surrounding this property should be considered...and referred to the subject land which cannot be improved because of the two little houses on it which she felt gives every reason for the health and welfare of the surrounding area. Substandard developments should not be permitted to remain. She then MOVED to grant the Appeal and that the lot split and variance be granted; that the demolition of 1021 S. Sixth Avenue be accomplished within six months; that the construction of a new house thereon and the remodeling of 1025 S. Sixth Avenue commence within nine months from the date of the adoption of the required resolution and that the City Attorney prepare appropriate covenants for Council consideration along with the resolution. (This document will be before the City Council on January 17 at which time Council may modify the contents.) Motion seconded by Council Member Parry and carried on roll call vote as follows: AYES NOES ABS ENT: Members Gilb, Lauber, Margett, Parry, Saelid None None Council received the Engineer's Report in connection with street lighting improvements on San Luis Rey Road including the assessments to the property owners. Three alternatives for the collection of the assessments were set forth in the report dated January 3, 1978. Staff recommended an alternative whereby ten years would be the period in which the assessment could be paid. It was noted that an owner would have 15 days in which to pay the total amount if he so desires; after that time a lien is filed and entered on the County Assessment Book and collected by the City Treasurer pursuant to provisions of the Streets and Highways Code. Mayor Saelid declared the hearing open and Frank Parsons, 201 San Antonio Road was advised that the City pays 75 percent and the property owner 25 percent and in his particular case his assessment would amount to a total of $90.00, or $12 per year. No one else desiring to be heard the hearing was CLOSED on MOTION by Member Gilb, seconded by Member Parry and carried unanimously. It was MOVED by Member Gilb, seconded by Member Parry and carried unanimously that the Engineer's Report be received that the method of payment be as outlined in Alternate 3; that the assessments be confirmed and that a resolution be presented to Council at the January 17 meeting. Planning Commission Res. 1017 recommending an amendment to the Code by adding requirements for the location of loading doors on commercial and industrial buildings...this would prohibit loading doors from being located within 10 feet of an alley. Mayor Saelid declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Member Lauber, seconded by Member Parry and carried unanimously. It was then MOVED by Member Margett, seconded by Member Parry and carried on roll call vote as follows that the Negative Declaration be APPROVED and FILED and that Council finds the project will not have a significant effect on the environment; and that the text amendment be APPROVED for the City Attorney to prepare the appropriate ordinance. AYES NOES ABSENT: Members Gilb, Lauber, Margett, Parry, Saelid None None Application for a Bingo License filed by the "We Care" Organization with games to be played in the Holy Angels Church School Auditorium. The staff report indicated that the City Attorney, Police and Fire and the Planning and Building Departments had investigated and recommended approval. Mayor Saelid declared the hearing open and no one desiring 1-3-78 - 3 -- MODIFICATION (RESTAURANT) APPROVED i <(' '1';1 ......-1: . [1- J.. , ' '\ f': CONDITIONAL USE PERMIT (Restaurant) APPROVED SOCCER FlEW RESOLUTION NO. 4704 ADOPTED 1, J I (3'/. </ NEWCASTLE PARK Safety Measures for Pedestrians r I?> l UNDERGROUND UTILITY' DIST. NO. 8 Hearing February 7 f 13~O 2'2:9410 to be heard the hearing was CLOSED on MOTION by Member Lauber, seconded by Member Parry and carried unanimously. It was fu~ther MOVED by Member Lauber, seconded by Member Margett and carried unanimously that the license be so issued. Planning Commission recommendation for approval of a Modification request filed by Don Ricardo's Restaurant in the Fashion Park Mall which would allow for a freestanding sign outside its entrance. The restaurant is open during the hours when the mall is closed and relies on an exterior entrance outside the mall entrance. The sign would not be visible from any street and would aid the public in locating,the restaurant. It was MOVED by Member Gilb, seconded by Member 'Parry and carried unanimously that the modification be APPROVED. , , Planning Commission Res. 1029 granted a conditional use permit to construct a restaurant at 5851 Baldwin Avenue to be known as the Pizza Hut. This would be erected at the location and in conjunction I with a Ranch Market facing Las Tunas (southwest corner)_and sufficient parking spaces would be granted the restaurant for parking purposes. It is a permitted use in a C-2 zone and would have a seating capacity of about 75. It was MOVED by Member Parry, seconded by Member Margett and carried unanimously that the conditional use permit be APPROVED subject to all conditions set forth in the Commission's resolution. In order to correct an error in-the description of the agreement in' e~~ connection with the multi-purpose playfield for soccer and football the following resolution was ADOPTED. - ' ./ The City Attorney presented, explained the content and read the title of Res. No. 4704 entitled: "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY' OF ARCADIA APPROVING AN AMENDMENT TO THE PROJECT NO. 76-19001 AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY' OF ARCADIA TO OBTAIN FUNDS UNDER THE STATE BEACH, PARK, RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974 TO ADD SNACK STAND, CHAIN LINK FENCE, IANDSCAPIN3 AND IRRIGATION SYSTEM, PARKING LOT, AND LIGHTIN3 FACILITIES." It was MOVED by Member Gilb, seconded by Member Parry and carried on roll call vote as follows that the reading of the full text be ~aived and that the same be ADOPTED. AYES NOES ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid, None None Council received recommendations concerning safety for pedestrians crossing Colorado Boulevard at the entrance to the Newcastle Park which is nearing completion. Several alternatives were submitted and , discussed. It was MOVED by Member Parry, seconded by Member Lauber and carried on roll call vote that the following steps be taken for the safety of pedestrians: Reduce the speed limit to 25 mph from Santa Anita Avenue to the Upper t'Y" intersection. Install flashing amber warning light for the west bound approach to the Park. I Install pedestrian crosswalk on the easterly side of San Antonio Rd. AYES NOES ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None Council received a report concerning the feasibility of creating an underground utility district which would include portions of Fashion Park and the Turf Club which have no existing overhead facilities. It would also include a condominium, convalescent hospitals and a new savings and loan at Baldwin and Huntington Drive. The district is justified due to the heavy concentration of traffic along Huntington between Holly and Baldwin. It would also bring about an aesthetic improvement. Council scheduled a public hearing for February 7 at which time the Engineer's Report will be submitted. 1-3-78, - 4 EQUltJT PURCHASE APPROVED MARQUEE WEST (DANCE PERMIT) JANUARY 17 ~ ~ fF I ' d 1 H F'\,.t\ , ~\) 1~ I \ ASSESSHENT CITY PROPERTY included in District 76-1 APPROVED FOR PAYMENT ~', \3/.,//...... RESOLUTION NO. 4705 ADOPTED [- ' 13~2..- I ,urn r DENIED ! (Weerasinghe) r. " . CLAIM DENIED (MACHADO) 22: 9411 On MOTION by Member Gi1b, seconded by Member Margett and carried on roll call vote as' follows office furnishings in the amount of $11,455 were AUTHORIZED for purchase. Funds in the Capital Outlay Fund (See report dated December 29, 1977). AYES: NOES: ABSENT: Council Members Gi1b, Lauber, Margett, Parry, Sae1id None None Council had requested the Police Chief to submit a verbal report on the Marquee West. Chief Mitchell and Lt. Neal Johnson had personally observed the operation from the outside during the last 8 days and extra patrol had also been used. He had 22 documented incidents. Because of the rain and holidays he felt the crowds have been some- what reduced, however there are large nurnbersof people cruising in the area. Documentaion and recommendation will be presented to Council on January 17. Paul Fry, the operator of the facility, explained the parking spaces he has been able to acquire; that he has doubled the security in the parking lots. He said they are collecting all debris and that in his opinion the operation is improving. He expressed concern that his plans are in limbo ... it is difficult for him to know whether or not to go ahead with retaining bands etc., not knowing whether or not the ~, dance permit will be revoked, and that the financial end of this pro- ject is difficult to meet without any such assurance. It was the consensus of Council that it did not want to place'an undue ~urden on Mr. Fry but did submit that if on January 17 the situation ~'has not been corrected the dance permit would be considered for revo- cation; that Mr. Fry could remain open until January 24 under such circumstances. Included in the Engineer's Report concerning Assessment District No. 76-1 was city owned propertl with an assessment of $1,076. Inasmuch as a City assessment cannot go to bond it was MOVED by Member Margett, seconded by Hember Lauber and carried on roll call vote as follows that Council authorize payment of this assessment in the amount of $1,076 prior to the closing of the thirty day cash collection period which would end on January 9, 1978. This will be paid from the General Con- tingency Account 417-28. AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None The City Attorney presented, explained the content and read the title of Res. No. 4705 entitled: "RESOLUTION OF TIlE CITY COUNCIL CALLING FOR BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN AN ASSESSMENT DISTRICT." It was MOVED by Member Gilb, seconded by Member Parry and carried on roll call vote as follows that the reading of the full text be waived and that same be ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None On recommendation of the City Attorney it was MOVED by Member Margett, seconded by Member Parry and carried on roll call vote as follows that the claim filed by Anthony Weerasinghe be and it is hereby DENIED. AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None On recommendation of the City Attorney it was MOVED by Member Margett, seconded by Member Lauber and carried on roll call vote as follows that the claim of Rex Long Machado and Bobbie Machado be and it is hereby DENIED. AYES: NOES: ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None 1-3-78 - 5 - CLAIM APPROVED (JONES) CONFLICT OF; INTEREST CODES (June 1, 1978) NON-COMPLIANCE WITH CONDITIONS OF CUP (Jan. 17, 1978) -/ EXTRA COMPENSATION ~ \ \-r ADJOURNMENT TO DATE CERTAIN .' 22:9412 On recommendation of the City Attorney it was MOVED by Member Gilb, seconded by Member Lauber and carried on roll call vote as follows that the claim of Helen M. Jones be approved for payment in the amount of $101.30 on the condition that claimant deliver to the Finance Director a complete and general release of all claims against the City executed by her and her spouse, fully notarized, within ten (10) working days after receipt of notice by claimant from the City Attorney's office of Council's action, in form and with content approved by the City Attorney, or else the claim will be denied in full. AYES NOES ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None On recommendation of the City Attorney it was MOVED by Member Parry, seconded by Member Gilb and carried unanimously that the. deadline for adoption of Conflict of Interest Codes for City Depart- ments, City Boards and Commissions be extended to June 1, 1978. Changes in the Laws and Regulations along with conflicting court decisions is the basis for this extension. I On notification by staff that certain conditions of the approval of a conditional use permit in connection with property at 149 and 153 La Porte Street have not been complied with it was MOVED by Member Gilb, seconded by Member Parry and carried unanimously that the owner be notified of this and that he be requested to show cause at the Council meeting of January l7unless the situation has been corrected in the interim period. It was MOVED by Member Lauber, seconded by Member Gilb and carried on roll call vote as follows that $3,000 be approved for payment to Acting City Manager, George Watts, during the time he has been performing the duties of City Manager. Mr. Watts was highly commended in this regard. AYES NOES ABSENT: Council Members Gilb, Lauber, Margett, Parry, Saelid None None At 10:30 p.m. the meeting ADJOURNED to 4 p.m. JANUARY 4, 1978 in the Council Chamber. ATTEST: Mayor ~;d}~ City Clerk o~ I 1-3-78 - 6 -