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HomeMy WebLinkAboutJANUARY 17,1978 22:9419 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLE.DGE OF ALLEGIANCE ROLL CALL HEARING Street Lights Old Ranch Rd. APPROVED (J l t: t3 1 I HEARING CONDITIONAL USE PERMIT (CHURCH) APPROVED ) (j tiP ! ; J MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 17, 1978 The City Council of the City of Arcadia, met in regular session on January 17, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Dr. Paul G. Johenk, Arcadia Methodist Hospital City Manager Lyle W. Alberg PRESENT: ABSENT: Council Members Gilb, Margett, Parry, Sa~lid Council Member Lauber On MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously Member Lauber was excused. On December 20, 1977 the City Council received a petition from four out of six property owners along Old Ranch Road between Foothill Boulevard and the Freeway. The are~ consists of six properties and lies between Don Diablo Drive and Katherine Lane. It was noted at that time that installation would be at no initial cost and the six properties would be annexed to Zone B of the Consolidated Lighting District which is assessed 50% of the cost of power and maintenance. The Director of Public Works advised that communications had been directed to the two property owners who had ,not signed the petition, but to date they have not responded or presented objections. Mayor Saelid declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Member Parry, seconded by Member Gilb and carried unanimously. On MOTION by Member Gilb, seconded by Member Parry and carried on roll call vote as follows staff was directed to proceed with this installation. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber Appeal filed by the Christian Center of Arcadia, Inc., from the decision of the Planning Commission for denial of its application for the conditional use permit for the construction and remodeling of the premises at 21 Morlan Place. Planning Commission Resolution No. 1024 sets forth the finding that the streets are inadequate to carry the kind of traffic that would be generated by the proposed church; that there is inadequate parking; that there is poor access to the property; that the use would be too extensive for the site and that the use would be detrimental to the public health and welfare and injurious to the property or improvements in the vicinity. The Appeal was filed primarily on parking requirements. The Planning Director explained the dimensions of the building and what is proposed stating in part that 95 parking spaces are required based on the requirement for other permitted uses. The Church is requesting a modification of this requirement to 69 spaces, 49 of which would be on the site and 20 on property located to the east. Access to the parking would be from the driveways on Morlan Place 1-17-78 - 1 - 22:~420 and Santa Clara Street. Access from Santa Clara would be across the rear of 121-159 N. Santa Anita Avenue and would be granted by covenant. A Negative Declaration has been prepared for this project. Mayor Sae1id declared the hearing open and the following persons spoke: Wayne Butterfield, 33 E. Huntington Drive, Counsel for the applicant, said in part that although the Planning Commission had denied the request the Planning Department itself found that the project would not be a detriment to the area and had recommended the granting of the conditional use permit. He noted that this City Council has on two other occasions approved the use of the subject property for 1) racquetball club and 2) youth facility. He said the Church would not be using the facility during hours that commercial businesses are open. In addition, the businesses would have the use of the Church parking lot during those hours. He felt the problem before the Commission was a misconception as to the number of members of the Church and the seating capacity which he said would be approximately 400. Membership at present is 210. He noted that the building has been vacant for many years and the proposed use would be a con- structive one .. it would remove an eyesore.. there would be no police problem and would not in any way be a hindrance to the neighbors. As far as' revenue is concerned the ad valorem tax would be lost if the Church locates anywhere 'in the City.. the tax would be insignificant when one considers the improvement to be made in the area. I In response to questions Mr. Butterfield continued in part that the scheduling of programs, classes and/or worship would not overlap into the business hours. The 69 parking places on the site; the ones they have been offered by the Santa Anita Professional Building owners and the on-street spaces would be more than ample. He asked the City Council to favorably consider the appeal and noted that only the parking is an issue. Thomas J. Cherry, Pastor of the Christian Center of Arcadia, explained in detail the hours of worship, training classes and the like. He said he would be willing to have hours specified if the City Council so desires. He said the membership is currently between 210 and 220 which he would hope doubles in five or six years. They would cooperate in every way and would not proliferate a parking problem. Mr. Butterfield stated in part that if the conditional use permit is based on seating, say 400, there could be an understanding drawn up legally that if more seating were needed it would have to be re- quested on a further conditional use permit application. Mrs. Johanna Hofer, 875 Monte Verde Road, expressed pleasure that this Church desires to open in the City and hoped the City Council would do all it can to bring it into the City; that there is too much violence and crime and a Church can only help a community to make better citizens. Earl Alford, 1137 Monte Verde Drive, member of the Church Center Board of Directors, submitted in detail the way the Church began; it started on First Avenue and it grew to the place where now it needs a place of its own to meet and worship. I Pastor Durrell Butler, Arcadia Community Church, commended the Church on its willingness to comply with any conditions imposed by the City. He felt the Church would be an asset and an uplift to the community. Cliff Brogan, spoke favorably of Pastor Cherry whom he came to know through his association with him when he was Chaplain at the Race Track. He felt the Church would be a great benefit to those from the Track who would like to have a Church of their own to attend in the City. Mrs. Joseph Arena, 46 Diamond Street, said she was surprised when the 1-17-78 - 2 - 22:9421 conditional use permit was denied at the Planning Commission level on the basis of insufficient parking. She rioted parking behind the banks in the area and said she has attended other churches in the City and has had to walk much farther. \ ' No one else desiring to be heard the hearing was closed on MOTION by Councilman Gilb, seconded by Councilman Margett and carried unani- mously. \ " I Councilman Gilb stated in part that regardless of what use goes int~ the subject property there will be a traffic problem. He was not too concerned with the parking problem because of the adjacent parking available and too the hours of the Church Worship would not conflict with the adjacent businesses. He was impressed with the character references and was in favor of granting the appeal. Councilman Margett felt the seating should be limited to 400 and then should the need arise to exceed that figure Council could take another look and ascertain if a parking problem has arisen. He hoped the Church would grow but just wanted to make sure the parking does not have a negative impact on the area. In response to a question Mr. Butterfield said in part that they have obtained written permission to use the 105 parking spaces behind the Santa Anita Professional Building, there are about 50 spaces on the street.. they have not as yet approached the Bank of America about its parking lot, but as it- stands now they have ample parking. Councilman Parry stated in part that he felt there was some misun- derstanding on the part of the Planning Commission brought about by expressed concernS that the Church would use the facility on week days during business hours. He felt there is some kind of a parking problem but to improve the building which has been vacant so long and the willingness on the part of the Church members to take the chance and locate their Church on that property would be an asset to the City. He felt the Church would grow and hoped everything could be accomplished to find as many off-site parking spaces as possible. Mayor Saelid said in part that the influence of the Church would certainly be very positive and would be a' healthy addition to the many fine churches already in the City. However, he was concerned about the location because in his own mind it would be better suited to a commercial use. He recognized that properties do go off the tax rolls and it works to the advantage of the City because of other benefits. He would like to see the Church locate in the City but felt there are probably other sites where it would be better suited. I Councilman Gilb MOVED that the decision of ,the Planning Commission be reversed and that Council grant the conditional use permit subject to conditions as recommended by the Planning Department in its report dated November 22, 1977 with the added condition that the seating be limited to 400. Motion seconded by Councilman Parry and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry Council Member Saelid Council Member Lauber It was MOVED by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows that Council approve and file the Negative Declaration and find that the project will not have an adverse effect on the environment. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber It was brought out that the present owner intends to sell this property to the Church and will retain a covenant for parking purposes 1-17-78 - 3 - PROCEDURAL ORDINANCE WAIVED MARQUEE WEST DANCE PERMIT & CONDITIONAL USE PERMIT f f I /' ~.. l\'\\\ 22:9422 between 7 a.m. and 7 p.m. Monday through Friday. This covenant would be in perpetuity and would remain on the property even if the Church sold the property and moved to another site. The City Attorney submitted that, instead of a covenant that a mutual lease arrangement be made for mutual use of the parking areas. It was MOVED by Councilman Gi1b, seconded by Councilman Parry and carried on roll call vote as follows that in lieu of a covenant that a lease arrangement be entered into for mutual use of the parking areas - guaranteeing access to Santa Clara Street across the rear property of 121-159 N. Santa Anita Avenue. This would insure mutual use of the parking area and means the parking on the subject property could not continue beyond the church use. The leases are to be,. approved as to form and cpntent by the City Attorney. AYES: NOES: ABSENT: Council Members Gi1b, Margett, Parry, Sae1id None Council Member Lauber I On MOTION by Councilman Gi1b, seconded by Councilman Parry and carried on roll call vote as follows the provisions of the Procedural Ordinance were WAIVED in order to consider the following item. (The order in which this'was listed on the agenda was changed to an earlier time.) At the City Council meeting of January 3 the Police Chief advised that at the regular meeting of this date he would present documen- tation and reco~endation on this matter. It was the consensus of Council at that time that if the situation had not been corrected by this time the conditional use permit and the dance permit would be considered for revocation and that the applicant, Paul Fry, would be permitted to remain open for a grace period of 7 days (until January 24) under those circumstances. Police Chief Mitchell read into the record his report dated January 12.. stating in part that the period covered by his report extends from opening night, Friday, December 16, 1977 through Saturday January 1, 1978. It included a detailed list of incidents on the subject property (30 S. First Avenue) and in the neighboring business and residential area. Extra police service has been maintained and problems have continued to diminish, however, some of the residents on A1ta Street are still annoyed. It was noted in the report that the conditional use permit required 33 on-site parking and 52 additional spaces. The 52 were obtained by an agreement between Marquee West and the Glendale Federal Savings and Loan Association located on property south of 30 S. First Avenue at 100 S. First Avenue. The Police Chief recommended a 90 day period be allowed for further observation of the impact this business will have on the residential and business community and that any serious problem would be brought immediately to the attention of the City Council. Mayor Sae1id had advised those in the audience that although this was not a public hearing the Council would take public testimony with a limit on the time and suggested that a spokesman be appointed to make presentations. I Michael Ryan, 1814 Watson, expressed interest primarily because he has two teenagers and great interest in the youth. He said in part that he has visited the facility five times in order to observe. He felt the press account was not accurate as he did not see the disruption as recounted. He said the parking lot was covered at all times; that commercial areas almost have to expect some disruption and submitted that the Race Track and Fashion Park bring in people. He expressed confidence in the ability of the Police Department to handle this. He said there is a need for this type of facility and would like to see it continue. Barry Rumbles, Counselor at the Dana Jr. High School, referred to a former teen center which tried va1Lant1y but didn't work out and 1-17-78 - 4 - , ~~ ~~~"..~>.r-,~.".;, -'>.J., 22:9423 said there is a need for 'something to do' by high school students. He commended the Police Chief on his recommendation to give it a try for another 90 days. He felt the longer it is in operation the fewer problems will occur in terms of outside enforcement. I Al Campbell, 275 W. Lemon Avenue, submitted that he too has visited the facility on three different occasions - both in and outside -- in the parking lot and the neighborhood.. on weekends and week days. He said Marquee West is working to improve the operation and have instituted a self-policing activity in the parking lots and proliferal cleanup. He felt the owners have a strong tie to the community having gone through the Arcadia schools and participated in baseball leagues locally. He asked that the permit be extended and that the operator continue his present approach to business a?d community rapport. Rick Brandley, one of the partners in the subject project, stated in part that all four are Arcadia High School graduates and realize the problems which they are trying to solve.. they have limited their operation to two nights a week.. increased the security.. have contacted a security company and if allowed to remain open ~ill, retain that service. With reference to the decibel reading which had been brought up earlier by Councilman Margett he said one of the first things they want to do is to do some modification inside to take care of the noise. In response to a question by Councilman Gilb, he said in part he would hope the security efforts will not hurt the business inasmuch as there are so many outside and inside.. he hoped the teenagers will soon learn that they cannot drink and once outside they cannot come back without the payment of another entrance fee. He hoped professional security personnel will help. He said they do not have any investors and that is one of the problems having enough money to make the modifications on the inside.. they are using their own money and that which comes in on Fridays and Saturdays. Lori Hughes, Arcadia High School student, said it is important to have something to do and referred to the entertainment Marquee West is trying to present. She felt the problems can be ironed out. Laura Crommett, 1130 W. Huntington Drive, parent of two teenagers who have been involved in the Marquee West from its inception, volunteering time and effort. She felt the facility is needed and is a positive alternative to the open parties which plaque the City and are so difficult to control. I Jack Cudworth, insurance agent for the Marquee West, said the policy is very stringent in its requirements. He told of the inspections made by the Company and that Marquee West has complied with about every requirement. He could not see too much of a problem in the future and was in favor of allowing the 90 day extension. In response to a question by Mayor Saelid he said in part that the parking lot at Glendale Federal Savings and Loan is endorsed onto the policy at an additional fee and they are covered as for liability.. for any incidents involving the Marquee West... if the City required further coverage he would supply it. Dave Robinson, 144 Alta Street, referred to a letter from the Glendale Federal Savings and Loan Company, and Mayor Saelid read same.... "...We have not received copies of an insurance policy insuring our premises as promised by Paul Fry of Marquee West." Signed by L. W. Malone, Vice President of the Arcadia Branch of the Loan Company. Mr. Robinson continued in part that conditions at the facility have improved however there has been some vandalism. There have been instances of prowlers and were seen leaving the Marquee West. He referred to the noise which can be heard most of the time. He still felt the conditions are a threat to the businesses, their personal and real property. He felt that Paul Fry, although he has tried, cannot eliminate the problems and read a section of the Arcadia Municipal Code relating to residen~ial parties; that there isn't any difference in the subject operation and reSidential. He 1-17-78 - 5 - 22:9424 commended Mr. Fry and his fine volunteer assistance, bu~ felt the situation cannot be controlled except by uniformed police and that in his opinion that wasn't the way to go. He concluded by asking the City Council to revoke the conditional use permit as of this I date. Adrian Towne, 134 Alta Street, said in part that it.is good to have something like this facility for the young people, however, the traffic is still congested and it is difficult to come home late at night to the harassment. She felt it an infringement on the peaceful residential area, making the property no longer desirable. She suggested instead a student activity at the High School be substituted. Adrian Merrill, mother of the former speaker, corroborated her daughter's remarks. Ruth Smith, suggested using the race track facility for this type of operation.. plenty of parking...and the noise could not be heard. I Shawn Robinson, Chairman of the Arcadia Youth Commission, said in part that although skeptical at first he has been impressed with the operation. He felt the opening nights brought many problems but these have decreased. The security was great and noted the lack of disturbance on the adjacent streets.. The Commission would like to see it succeed and that with the right atmosphere and security it has a good chance of becoming a worthwhile project: RECESS and RECONVENED Councilman Gilb stated in part that there is no question but that the residents have a problem.. the Marquee West has a'great many good things in its favor.. it gives bands and groups an opportunity by providing a place to play. He felt the noise is too loud and that the patrol group would run the business away.. that perhaps too much supervision is going to hurt the business to a point where it . will not be economically' able to continue...however that is a problem' for Marquee West. He felt the basic issue is simple-- the residents on Alta Street should be protected, which should be afforded to all residents of the community. Perhaps this meeting should have been held before the conditional use permit was issued to Mr. Fry who has tried to do everything asked of him but possibly the things he cannot control will be the downfall. He recited incidents which were offensive to him and to the residents. He felt there isn't a location in the City where this would work..but by the same token those who live in residential areas close to business districts should not expect the tranquility of a residential neighborhood which does not back up to a business area. It is a serious problem and he is greatly concerned because he can see the good as well as the bad. However, both are entitled to their "day in court" to see what can be worked out. He commended the Police Chief On his report and hoped the group attending Marquee West would turn around a little and become the type of people we would want to go into a place like this. He was willing to accept the recommendation for the 90 day extension, I but if the offensive actions on the outside continue he would be for cracking down as far as the police are concerned and to remove those persons from the streets. Councilman Parry agreed there is a definite need for this type of activity, however, he would like to have it at another location - one not bordering on a residential area.. that both the City Council and the Planning Commission have bent over backwards trying to bring such a facility to the youth of the City, but once again this is not an ideal location. From everything he has heard opening night was a disaster.. on that night there was a definite interference in the rights of the businessmen and the residents in the area. He has visited the facility on five different occasions and more on the periphery observing the incidents; however he has noticed a definite , improvement of late.. He felt the owners are trying to control the noise; that with all the efforts they are making he would be willing 1-17-78 - 6 - ..\ " 22-:,9425 " . .' " to continue the conditional use permit and dance permit for a 90 day period. He suggested that prior to the expiration of the 90 day period that a public hearing be scheduled before the Planning Commission and that its recommendation be forwarded to the City Council.. that if another occasion should occur similar to that of opening night he felt Council would have an obligation to act immediately to protect the residents regardless of the 90 day extension. I Councilman Margett stated in part that he felt that both Councilmen Gilb and Parry have touched upon his concerns - that of the noise, the traffic violations, the use of alcohol and disturbing the peace of the neighborhood.. all at the expense of the Police Department, are obvious things against Marquee West. The things in favor... the teenagers have a place to go to hear their music and dance in a controlled environment. If it were limited to Friday and Saturday nights he felt that would help. He noted the improvement sinc~ his first visit and submitted that there have been problems with adults and c~ted an instance - t~a~ia~nt~eo~e~fi~rner Restaurant - that there was d1alogue between the/af~ected area and the owner... It seems to have resolved itself. He would be willing to extend the permit and P suggested that if those concerned would meet and mutually discuss J some of the pertinent problems they might reach a logical solution. P He would like to see a plan worked out with Marquee West, the Police Department and the residents which would be ready to take care of a situation like opening night. If the patrons to the Marquee West are going to use it to proliferate the neighborhood then he would be one of the first to have the Marquee West show cause why its permits should not be revoked. '. Mayor Saelid stated in part that it appears to him that whether or not the conditional use permit and the dance permit should be revoked is really the question. Of course the youth of the City need a facility of this sort but he was concerned about many things - one being the noise emanating from the building.. He felt this could be remedied with some modifications. He would really like to see the Marquee West or something like it located in a part of the City where it would not offend people or abridge their rights of ownership. Alta Street in his opinion is an area of transition -- with its older well kept single family residences and new multiple complexes. The building itself is challenging - large size on a relatively small parcel of land.. is deficient in parking which is one of Mr. Fry's problems. He was in favor of the Police Chief's recommendation for a period in which to evaluate this. He agreed with Councilman Parry's suggestion that it be sent to the Planning Commission for reconsideration within the time period Council might establish for continued use and back to Council with its recommendation. This would allow the owner the administrative remedy he is entitled to because he went through public hearings when none of the affected residents came to speak. It would give him a full public hearing with all the facts and the history up to that point... it might well be the problems can be solved.. or'in order to take care of the problems it might be it wouldn't be an economic success. He would not like to see that happen. I Following further discussion it was MOVED by Councilman Gilb, seconded by Councilman Margett and carried on roll call vote as follows that the conditional use permit and dance permit be extended for a 90 day period as recommended by the Police Chief; that the conditional use permit be considered in public hearing proceedings by the Planning Commission in a period of not before 70 days prior to the 90 day expiration date and that the matter be an agenda item at the meeting prior to the expiration date; and further, should the conditional use permit a~d the dance permit be revoked at that time the seven (7) day grace 'period gran ted at the January 3 meeting remain in force. The facility to be under close police supervision during this time. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber 10.17-78 :7- HEARING (General Plan Change) / I II go r l PAl) (it ~ . ~ 22': 9426 The Planning Connnission by Resolution No. 1020 recommended changing the zoning of the following properties in order that they become consistent with the General Plan: 1. From M-l to C-2: a) 400-420 N. Santa Anita Ave. b) 3 Colorado Blvd. (northeast corner of Santa Anita I Ave. and Colorado Blvd.) c) Lot 34, Block 82, Arcadia Tract (southeast corner of Colorado and Santa Anita) d) 61-71 Colorado Blvd., 511 N. First Ave. e) Lots 34, 35 and 36, Haven Tract f) 418-424 N. First Ave., and 104 Colorado Blvd. g) 109 Colorado Blvd. and 500 N. First Ave. 2. From M-l to R-3: a) 510-618 N. Santa Anita Ave. b) 6-14 Newman Ave. c) Lots 11, 12, 13 and 14, Haven Tract I d) 15-55 and 12-54 Colorado Blvd. e) 417-433 N. First Ave. (southeast corner First and Colorado) f) 116-140 Colorado Blvd. I 3. From M-l to R-l: a) 15-33 and 24-54 Newman Ave. b) Portions of Lots 26, 27 and 28, Haven Tract Mayor Saelid declared the hearing open and Mrs. A. M. Lindsay, 30 E. Colorado, speaking for herself and the neighbors on her block, said in part that they would like to have the zoning revert to R-3.. this is as recommended by the Commission. The new owner of 500 N. First Avenue (northeast corner of First Avenue and Colorado) said he purchased the property in 'order to construct a new building for his retail meat and hotel-restaurant supply business. He had complied with the Planning Department's suggestion that he prepare a proposed plan and was told after he had done this that the use did not come under any of the zone classifications; that C-M would be satisfactory. The Planning, Director advised that this could be done and would be consistent with the General Plan. William Carnahan, owner of 2, 4, 6, 8 Newman Avenue, commended Council on its consideration of R-3 zoning for his property. Gordon Maddox, 909 S. Santa Anita Avenue, would like to see any type of residential zoning on Newman which is actually what the residents seem to want. Mrs. Albert Lee. Jr., 39 E. Colorado Blvd., favored R-3. No one else desinng by Councilman Gilb, mously. to be heard the hearing was CLOSED on MOTION seconded by Councilman Parry and carried unani- I Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Margett and carried unanimously that Council approve and file the Negative Declaration and find that the rezoning will not have an adverse effect on the environment. Councilman Gilb further MOVED that the recommendation of the Planning Connnission be APPROVED with the exception of the prope~ty at 500 N. First Avenue and the City owned property adjacent to 'the Freeway; that they be zoned C-M. Motion seconded by Councilman Parry ~nd carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber 1-17:78 - 8 - HEARING GENERAL PIAN CHANGE (250 W. Colo.) I / \\~O l~ " 22:9427 Plann~ng Comm~ss~on Resolution No. 1022 recommending denial of a General Plan change from Commercial to Multiple Family Residential at 250 W. Colorado Boulevard. The Commission in its denial considered that the site is a unique parcel more suited for low density office or church use rather than multiple family residential and that circumstances had not changed sufficiently since the adoption of the General Plan to warrant such a cha~ge. " Mayor Saelid declared the hearing open and Paul Friedman, 345 W. Wistaria Avenue, said in part that he became involved with the property at a time when it was zoned R-3; that the property had been unimproved for a long time and he would like to improve the property with a residential condomini~ or if the City Council would prefer he could construct an office complex. He knew the Santa Anita Church had been interested in the property but had not taken any steps therefor. However, he expected to complete his escrow with the owner of this property. Frank Brent, member of the Church and its planning staff, said he had been given carte blanche to institute negotiations for the purchase of the site; that the Church would like to expand its educational facilities. He referred to a communication the Church had ~itten to the owner of the property indicating its interest and a reply indicating that the owner had entered into a six-month escrow with contingencies. It was suggested therein that the Church not abandon its interest in either leasing or purchasing the property. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Parry and carried unani- mously. Councilman Margett stated in part that he could not enV1S10n a condominium on the site; that in his opinion the best~use would be commercial. He would not favor a change in the General Plan. Councilman Parry agreed and submitted that there is already a congested traffic situation in this area. He would favor a commercial use. Councilman Gilb favored the present General Plan designation. Mayor Saelid also felt the best use would be commercial. It was MOVED by Councilman Gilb, 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 effect on the environment; that the recommendation as outlined in Planning Commission Resolution No. 1022 be APPROVED. - (250 W. Colorado will remain Commercial as indicated in the General Plan.) AYES: Council Members Gilb, Margett, Parry,Saelid NOES: None ABSENT: Council Member Lauber TRACT On recommendation of the Planning Commission it was MOVED by NO. 34342 CounCilman Parry, seconded by Councilman Gilb and carried unani-, Tentative Map mously that Council approve and file the Negative Declaration and APPROVED , J find that the project will not have a significant ef~ect on the ,) I" 11'1 I"' \ V environment; that the tract is consistent with the General Plan I . ::JV')' and that the waste discharge from said tract would not result in . a violation of the existing requirements set forth in the Water Code. The Director of Public Works was authorized to approve the subdivision agreement and the tentative map of Tract No. 34342, 535 - 585 W. Duarte Road was APPROVED, I TRACT NO. 34361 Tentative Map APPROVED ,J ~\!l' I , , On recommendation of the Planning Commission it was MOVED by Councilman Margett, seconded by Councilman Gilb and carried unani- mously that Council approve and file the Negative Declaration and I find that the project will not have a significant effect on the , environment; that the tract is consistent with the General Plan and that the waste discharge from the tract would not result in a violation of the existing requirements set forth in the Water Code; that the Director of Public Works be authorized to approve the subdivision agreement and that the tentative map of Tract No.' 34361 (1219.1221 Golden West Avenue) be APPROVED. 1-17-78 - 9 - 22:9428 AUDIENCE PARTICIPATION ,1& ~ i~(J~ I ( : BULK CORN STORAGE ZONE M-2 APPROVED '/ . /F!RE STATION V IMPROVEMENT Bid Call P ;ONDITIONAL USE PERMIT 149 La Porte (April 18) Mrs. Johanna Hofer, 875 Monte Verde"DriVe', -r.ea"g: a"ietter (on file in the office of the City Clerk) with reference to 1) the use of a race track parking tax and/or an emergency city amusement tax to ,be used toward the construction of a municipal and/or high scho~l auditorium 2) that the voters be given the opportunity to vote on this matter 3) give the voters the opportunity to vote on the Arcadia Redevelopment Agency 4) the formulation of an energy plan for the City and that consideration be given to requiring all new I construction, in particular commercial, to use solar heating and cooling. She asked that these become discussion matters for the ,. , next Council agenda. . I ..( \ <, .' , Paul Friedman, 345 W. Wist~ria Avenue, asked Council to give consideration to changing the zone classification for 250 W. Colorado Boulevard to C-O. I John Viselli, owner of 225 S. First Avenue, related his endeavors I to bring that property up to building code and his intention to use the building' for an insurance office. This was all incorporated in a letter to the City Council'dated January 11. This matter is scheduled for consideration before the Planning Commission. Mr. Viselli was informed that he could bring all this information to the City Council when the matter was before it - sometime in February . On MOTION by Councilman Gilb, seconded by Councilman Hargett and carried unanimously, with Councilman Parry absta.ining due to his business affiliation, the recommendation of the Planning Commission (Resolution No. 1030) that the appropriate zone for bulk corn storage is M-2, was APPROVED. On MOTION by Councilman Gilb, seconded by Councilman Parry and carried unanimously the site improvements to Fire Station Headquarters (Job No. 467) were APPROVED as recommended and the City Clerk was , AUTHORIZED to advertise for bids. Final funding will not be made until after the; bids are received. (Bids will be received I February 14.) On January 3 the City Council directed staff to notify the owner of 149 E. La Porte Street to attend this meeting and show cause why his conditional use permit for the operation of his automotive garage and tow service should not be revoked for failure to comply with all of the conditions of approval of his permit. Guy DePietro addressed the City Council stating, in part that he has met all conditions except the demo1iton of the house at 153 La Porte. (Identified as number 8 in the Planning Commission Resolution 977. This was to have been accomplished by December 31, 1977.) Mr. DePietro said that he has engaged and paid a firm to demolish the building just as soon as the tenant vacates the premises which should be by January 20. In response to number 3 he said he is not doing any major work outside the building and explained what they do outside --- they change a water hose for instance along with minor repairs which do not take long. They have cleaned up the property and are endeavoring to maintain it in good condition. I It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that Mr. DePietro be given until April 18, 1978 to comply with Condition 8. Some discussion held on the possibility of this house being demolished by the Fire Department. AYES: NOES: ABSENT: Council Members Gilb, Hargett, Parry, Saelid None \ Council Member Lauber, l-H-78 - .10 - . ''lo. ~ , BIKEWAY Joint Power Agreemel't APPROVED tv ~~ J1' :1 ASSESSMENT DISTRICT 76-1 (PARKING) r ~ l;t, 7". RESOLUTION NO. 4710 APPROVED ~ '. ...- I" _}a 'I I RESOLUTION NO. 4711 ADOPTED 3~V \ . l 22:;:9;'29, On June 21, 1977 the City Council-approved a Bikeway Project through the County Park in Arcadia. It was to be constructed and maintained bl the Co~nty and funded by the City. This action was reaffirmed on Novembe~ 15, 1977 along with the revised cost estimate of $6,700. Council received the Draft Joint Powers Agreement which calls for County construction and to maintain ,the bikeway within a 12 month period or refund the..City's money. The City would pay the construction cost not to exceed $7000 and deposit the amount with the County. Upon completion the County will refund any unused portion of the money. No allocation is necessary at this time. It was MOVED by Councilman Margett, seconded by Councilman Parry and carried unanimously that the Mayor be authorized to execute the agreement in form approved by the City Attorney. The Economic Coordinator presented the City Council with a list of paid and unpaid assessments in connection with this project. Unpaid assessments on privately owned land within the District amount to $125,633.00. Bonds to be issued pursuant: to the Improvement Bond Act of 1915 and numbered consecutively from 1 to 126 inclusive and 'in form set forth in Section 7652 of the Streets and Highways Code of the State of California. Results of the following bids received were reviewed by Council: San Francisco Securities, Inc. $101,213.55 @ 5.9604% interest rate Stone & Youngberg 102,388.31 @ 6.0291'7. " " Gross & Co., Inc. 104,817.56 @ 6.1727% " " Morgan, Olmstead, Kennedy & 105,116.41 @ 6.1903% " " Gardner It was recommended that the bid of San Francisco Securities, Inc. in the amount of $101,213.55 be accepted and the following resolution was presented therefor: Econ. Coordinator presented, explained the content and read the title of Resolution No. 4710 entitled: "RESOLUTION OF THE CITY COUNCIL DETERMINING UNPAID ASSESSMENTS AND ISSUING BONDS UNDER THE, , IMPROVEMENT BOND ACT OF 1915' ." It was MOVED by Council Member Gilb, 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 b~ ADOPTED. AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber Bids for the project were received on December 1, 1977 and the bid of Aman Bros, Inc., in the amount of $127,597.20 was low, whereupon a resolution awarding the contract was then presented. Econ. Coordinator presented, explained the content and read the title of Resolutioil No. 4711 entitled: "A RESOLUTION OF THE CITY COUNCIL AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT." 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: ABSENT: Council Members Gilb, MargeFt, Parry, Saelid Council Member Lauber NOES: None The acceptance of the proposal in the sale of the bonds was then presented: RESOLUTION Econ. Coordinator presented, explained the content and read the title NO. 4712 of Resolution No. 4712 entitled: "RESOLUTION OF THE CITY COuNCIL ADOPTED 1.. L V ACCEPTING PROPOSAL AND MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR I. \)-'0 THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS." \ It was MOVED by Council Member Margett, seconded by Council Member 1-17-78 - 11 - STREET j LIGHTS (EL SUR) HEARING FEB. 21 TRAFFIC ORANGE GROVE & BALDWIN INTERSECTION IMPROVEMENTS { r.. \";;<,' ~: ,\. LIBRARY IMPROVEMENT~ APPROVED ' ( , J \ ,I '"' ORDINANCE NO. 1620 INTRODUCED J ORDINANCE NO. 1621 rumOOOj 22:9430 Parry and carried on ro~l ~~ vote-as follows that the reading of the full text be waived and that the same be ADOPTED. 1 , AYES: ABSENT: Council Members Gilb, Margett, Parry, Saelid Council Member Lauber None NOES: With the consent of the City Council Mayor Saelid asked staff to prepare the necessary documents and to obtain an agreement for a new bond rating for the City. The City Council was advised of the receipt of a petition from property owners on El Sur Avenue requesting street lights. The City requires a minimum of 60 percent of assessed real value re- presentation in petitions for improvements. Public Hearing was scheduled for February 21, 1978. The City Council received a comprehensive report on the results of an investigation of traffic conditions at Orange Grove and Baldwin ,Avenues. The traffic is presently controlled by a four-way boulevard sign. It was noted that the City's boundary line is in the center of Orange Grove Avenue and the City of Sierra Madre (Chief of Police) felt that some improvement might be made to the signing and street lighting for better visibility but other than that it was felt there is no further problem at that intersection. It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried On roll call vote as follows that improvements be limited to replacement of existing low reflectivity stop signs with new 30 inch signs at the proper mounting height, trimming obstructing plants and additional lighting on the north side of the intersection. Copy of the Report to be submitted to the Sierra Madre Police Chief. I AYES: NOES: ABSENT: Council Members Gilb, Margett, Parry, Saelid None Council Member Lauber The Capital Improvement Program for the current fiscal year includes a budget of $16,000 for improvements to the library. The Library Board recommends the purchase of replacement items and new equipment (listed in the report dated January 12). It was MOVED by Councilman Gilb, seconded by Councilman Parry and carried on roll call vote as follows that the material and equipment be authorized in the amount of $9,168 and that proposals be received for the replacement of the entrance doors with report back to the City Council. 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. 1620, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9269.10 OF THE ARCADIA MUNICIPAL CODE BY ADDING REQUIREMENTS FOR THE LOCATION OF LOADING DOORS." 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. I . 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. 1621, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA MUNICIPAL CODE BY ADDING THERETO SECTION 4131.4 DEFINING WILD ANIMALS, AND SECTION 4137.6 PROHIBITING WILD ANIMALS. " It was MOVED by Council Member Gilb, seconded by Council Member 1-17-78 - 12 - RESOLUTION NO. 4706 ADOPTED I ,3 ~ I r '. 22':.9431. Margett and carried on roll call vote as follows that the further r~ading of the full t~xt be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Council Members Gi1b; Margett, Parry, Sae1id None Council Member Lauber The City Attorney presented, explained the content and read the title, of Resolution No. 4706 entitled: "A RESOLUTION OF THE CITY COUNCIL , OF TIlE CITY OF ARCADIA DETERMINING THAT THE PAYMENT OF CERTAIN ASSESSMENTS FOR STREET LIGHTING IMPROVEMENTS ALONG SAN LUIS REY ROAD UNDER THE IMPROVEMENT ACT OF 1911 MAY BE MADE IN ANNUAL INSTALLMENTS." 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 Gi1b, Margett, Parry, Sae1id None Council Member Lauber /The C~ty Attorney presented, exp1a~ned the content ~nd read the title of Resolution No. 4707 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONFIRMING THE COST OF INSTALLATION OF A STREET LIGHTING SYSTEM ALONG SAN LUIS REY ROAD AND ASSESSING THE COST AGAINST THE ADJACENT PROPERTY PURSUANT\ TO THE IMPROVEMENT ACT OF 1911. " RESOLUTION NO. 4707 ADOPTED r 13~1 -.RESOLUTION NO. 4708 ADOPTED r x 1311 I RESOLUTION /- NO. 4709 ADOPTED RESOLUTION NO. 4713 ADOPTED 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 Gi1b, Margett, Parry, Sae1id None Council Member Lauber The City Attorney presented, explained the content and read the title of Resolution No. 4708 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING THAT ALL BALLOTS BE COUNTED AT A CENTRAL COUNTING PLACE." 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 Gi1b, Margett, Parry, Sae1id None Council Member Lauber The City Attorney presented, explained the content and read the title of Resolution No. 4709 entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF 1'HE CITY OF ARCADIA AMENDING RESOLUTION NO. 4598 BY AMENDING PARAGRAPH Ill, 1. THEREOF TO PROVIDE THAT THE CITY'S ENVIRONMENTAL DOCUMENTS BE FILED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE STATE ENVIRONMENTAL GUIDELINES." It "las 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 Gi1b, Margett, Parry, Sae1id None Council Member Lauber ~e City Attorney presented, explained the content and read the title 1-17-78 - 13 - "\ ~~~ yJ RESOLUTION NO. 4714 ADOPTED ) RESOLUTION NO. 4715 ADOPTED / ,"-" ( { V RESOLUTION NO. 4716 ADOPTED I 22:9432 of Resolution No. 4713 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CI:r'l OF ARCADIA APPROVING A NEGATIVE DECLARATION FOR, DECLARING AN INTENT TO FORM SPECIAL ASSESSMENT DISTRICT 78-1 FOR, AND FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE INSTALLATION OF A PUBLIC PARKING LOT AT 653 FAIRVlEW AVENUE ~ THE CITY OF ARCADIA; AND ACQUISITION OF PROPERTY THEREFOR." 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 same be ADO~D. AYES: NOES: ABSENT: Council Members Gilb; Margett" Parry, Saelid None Council Member, Lauber, It was noted for the record that the owners of the property at 653 Fairview Avenue have not file~ the request nor have they testified at this meeting. I The City Attorney presented, explained the content and read the title of Resolution No. 4714 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA COMMENDING AND EXPRESSING APPRECIATION TO THE ARCADIA BUSINESS AND PROFESSIONAL WOMEN'S CLUB FOR ITS OUT- STANDING SERVICE TO THE COMMUNITY IN RECOGNITION OF ITS TWENTY- FIFTH ANNIVERSARY IN THE CITY OF ARCADIA." 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 same be ADOPTED., 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. 4715 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA URGING THE STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION ,TO MAKE A ,POSITIVE RECOMMEND- ATION TO THE STATE LEGISLATURE FOR THE CONSTRUCTION OF THE SUNDESERT NUCLEAR PLANT AND URGING THE STATE LEGISLATURE TO APPROVE SAID RECOMMENDATION. " It was MOVED by Council Member Saelid, seconded by Council Member Gilb 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, Margett, Parry, Saelid None Council Member Lauber The City Attorney presented, explained the content and read the I title of Resolution No. 4716 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA GRANTING LOT SPLIT L-77-l6 AND VARIANCE V-77-5 FROM THE LOT WIDTH REQUIREMENTS OF THE ZONING CODE UPON AN APPEAL FROM THE PLANNING COMMISSION FOR 1021-1025 SOUTH SIXTH AVENUE." It was MOVED by Council Member Gilb, seconded by Council 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, Margett, Parry, Saelid None Council Member Lauber During the consideration of the above resolution Tho~s Mathews, and Ramon Fauria,were advised to discuss any problem'they may run into with the City Attorney. 1-17-78 - 14 - " CLAIM APPROVED (Stalder) / I CLAIM DENIED ,,,,,,,) / CLAIM DENIED (Paladugu) / PARRY ADJOURNMENT TO DATE CERTAIN I ): 22': 9433 On recommendation of the City Attorney it was MOVED by Councilman Gilb, seconded by Councilman Parry that the claim filed by Roger Kent Stalder be approved in tHe'amount of $184'.97 for auto repair on the condition that he deliver to the Finance Director a complete and general release of all cia1ms against the City executed by him and his spouse, fully notarized, within 10 working days after receipt of notice by claimarit from the City Attorney of Council's action, in form and content approved by the City Attorney or else the claim is denied in full. Roll call vote was then taken: AYES: NOES: ABSENT: Council Members Gilb, Hargett, Parry, Saelid None Council Member Lauber On recommendation of the City Attorney the claim filed by W. Paul Kelty for property and personal damages was DENIED on MOTION by Councilman Hargett, seconded by Councilman Parry and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Hargett, Parry, Saelid None Council Member Lauber On recommendation of the City Attorney it was MOVED by Councilman Hargett, seconded by Councilman Parry and carried on roll call vote as follows that the claim filed by Inter-insurance Exchange of the Automobile Club of Southern California, subrogee of Rao Ramachandra Paladugu for his $100 deductible interest be DENIED. AYES: NOES: ABSENT: Council Members Gilb, Hargett, Parry, Saelid None Council Member Lauber Advised that the Planning Commission had requested a representative of the Arcadia Redevelopment Agency be present at its meetings in order to respond to any questions it may have concerning property in the redevelopment area. Councilman Parry also reiterated his concern about predestrian crossing at the Newcastle Park and felt Council should consider the installation of more safety methods - perhaps a normal traffic signal. Staff will come back with estimated costs,and a diagram at the January 31 adjourned regular meeting. \ At 12:10 a.m. January 18, 1978 the meeting.adjourned.-to'JANUARY 31, 1978 at 4 p.m. Hayor : A_-'A_ =---~ ;..,. 1-17-78 - 15 -