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HomeMy WebLinkAboutNOVEMBER 18,1975_2 21:8905 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL GIRL SCOUTS PRESENTATION (Livingston) PRESENTATION (Mayor Gilb) HEARING (Zoiling) Approved 1t~r}-. el,!";7 ~ 1 HEARING (zonil).g) Approved if If)/I: , II, .'/ I M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 18, 1975 The City Council of the City of Arcadia, met in regular session on Tuesday, November is, 1975 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. J. William Daum, Episcopal Church of Transfiguration City Attorney, J. William Phillips PRESENT: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None On MOTION by Councilwoman Lauber, seconded by Councilman Helms and carried unanimously the minutes of the regular meeting of November 4, 1975 were APPROVED. Mayor Gilb welcomed Girl Scout Troop No. 27l'who were present to review proceedings for their community badge. On behalf of the City Council,Councilman Helms presented to former Planning Commissioner Irvin I. Livingston, Jr., a plaque in appreciation for his efforts and accomplishments during his tenure on the City Planning Commission. Mr. Livingston served for eight years. Edith Casey, one of the Arcadia Ambassadors who recently visited the City's Sister City, Newcastle, Australia,on behalf of the contingent, presented Mayor Gilb with a plaque in appreciation of his leadership and friendliness during the trip. J. Lyle Cunningham presented Mayor Gilb with framed pictures of special events which occurred during the trip. Planning Commission Resolution No. 914 recommending a zone change from R-2 to R-l on property at 360-80 Campus Drive (Holy Angels Church and School). This would provide uniform zoning within the area, would bring the zoning into conformance with the General Plan and the public con- venience, necessity and general welfare justify the zone change. Mayor Gilb declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilwoman Lauber and carried unanimously. It was further MOVED by Councilman Helms, seconded by Councilman Saelid and carried on roll call vote as follows that Council determines this zone change would not have a substantial impact on the environment and that the recommendation be APPROVED. The City Attorney will prepare the appropriate ordinance to effect the change. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Planning Commission Resolution No. 915 recommending a zone change from R-2 to R-l on property at 111-165 W. Duarte Road (portion of Arcadia High School). This would provide uniform zoning within the area and the public convenience, necessity and general welfare justify the zone change. 11-18-75 - 1 - HEARING Housing & Connnuni ty Plan (Dec. 2) (: (!/.:>4 21:8906 Mayor Gilb declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilwoman Lauber and carried unanimously. Whereupon it was MOVED by Councilman Scott, seconded by Councilman Saelid and carried on roll call vote as follows that the City Council hereby determines that the zone change would not have a substantial impact on the environment; that the reconnnendation be approved and that the City Attorney prepare the appropriate ordinance to effect the zone change. AYES: NOES: ABSENT: Council Members Lauber; Saelid, Helms, Scott, Gilb None None 1 Consideration of Housing Assistance Plan and Connnunity Development Plan and participation with the County in receiving Housing and Connnunity Development Funds for the fiscal year 1976-77. It was noted in a staff report dated November 18 the City's participation in this year's program was confined to planning studies. Items completed in this year's program were: (1) an updated housing condition inventory of the City; (2) a potential project questionnaire sent to every fourth household; and (3) a draft Housing Assistance Plan which identifies the housing needs of lower income persons. Included in this report is the reconnnendation of the Connnunity Development Advisory Connnittee and the tabulated results of the questionnaire. This is the first of two public hearings required in order for the public to be heard prior to Council decision as to whether or not the City will participate in the program next year. Mayor Gilb declared the hearing open and Joseph Sargis, 1611 Highland Oaks Drive, Chairman of the Connnunity Development Advisory Connnittee, spoke to written reports to Council on the conclusions arrived at by the Connnittee. (Reports dated November 13 and 18 are on file in the office of the City Clerk.) Members of the Connnittee were: Dan Anderson, Robert Cheney, Edward Daniell, Rev. J. William Daum, James Hanrahan, Gary Hayward, Joseph Sargis, Helen Schrader, Dr. Franklin Schoenholtz and Bernice Siemens. Due to the time element the connnittee endeavored to act in a responsible manner but arrived at the position where it considered itself and the connnunity not sufficiently informed to properly advise the Council. As a result three recommendations were submitted. 1. That the Council apply for second year Housing and Community Development Act Funding for the following projects. (No projects listed.) Yes - 0, No - 9. 2. That the Council apply for second year Housing and Connnunity Development Act Funding only for the express purpose of development of additional information and public input:' Yes - 5, 'No,- 4. 3. That the Council not apply for funds under the provisions of the Housing and Connnunity Development Act. Yes - 4, No - 5. The intent of the motions were set forth in the November 18 report. Should Council decide to apply for second year funding or funding in any subsequent year, the Connnittee reconnnended that prior to the designation I of projects to be included in the application that certain processes be completed. Mr. Sargis submitted once more that the position of the connnittee is primarily the result of the County's action in not " negotiating the matter sooner so the City could have developed more information prior to the deadline for the filing of an application with the County. Staff reconnnended that the City participate with the County in next year's program in order ,that the additional, ~tudies 'may be undertaken with Housing and Connnunity Development Act funds and not from city revenues. John Joseph, 408 N. First Avenue, was given a copy of the Connnittee report. Sherry Passmore, 1109 Columbia Road, stated in part that the total citizenry has not had sufficient notice of what is being considered; that publicity could have been included in the City's Newsletter in an effort to reach all residents. She asked Council to defer any action until every citizen is aware of the implications of the act. 11-18-75 - 2 - t? CONDITIONAL USE PERMIT IA"'~.cl 21:8907 William Gorman, 45 Alice Street, President of the East Central Residents' Association, offered assistance in any way possible. Primarily because the central district is indicated for housing assistance. He was advised to get in touch with the Planning Department for additional information and that Council would like to have the input of the Association. This hearing will be continued to December 2. Councilman Scott will be representing 'the City at an out-of-cown meeting on that date and would like to participate in the vote. Staff will ascertain from County if action could be deferred until the regular meeting of December 16. Planning Commission Resolution No. 916 granting a conditional use permit to operate a gym at 107 N. Santa Anita Avenue. This item was carried over until this meeting to allow staff to prepare additional data relating to conditions imposed by the commission as to parking, landscaping, trash screening. Staff submitted a report and a suggested plot plan for the parking area. Council agreed this is a unique situation and felt the requirement for screening the outside trash storage was unnecessary as it cannot be seen by the public (Condition No.2 in Planning Commission Resolution); that the requirement for landscaping the parking area was not practical as there is barely enough room to park the cars now (Condition No.3) and would impose a rather substantial economic burden on one tenant when there are about six other tenants who use the parking lot. The requirement for limitation on the hours of operation (Condition No.4) was also felt to be unnecessary as this particular type of business could be quite busy after 5 p.m., especially by the young people who could not get there any other time. It was MOVED by Councilwoman Lauber, seconded by Councilman Scott and carried on roll call vote as follows that the conditional use permit be granted subject to conditions No. land 5 of Resolution No. 916 of the Planning Commission - that Condition Nos. 2, 3 and 4 be DELETED. AYES: NOES: ABSENT: Council Members Lauber, Saelid,Helms, Scott, Gilb None None AUDIENCE PARTICIPATION I 1 FASHION PARK GAME ROOM DENIED '/ (/ I -., F: I'), ~. Jack C. Nixon, 500 Santa Maria, addressed Council at length concerning payment of a claim for damages to his automobile on July 2, 1974. The damages were sustained by shotgun pellets discharged by an Arcadia policeman during a shooting incident with an armed suspect. The claim had been denied by the City's insurance carrier due to the fact that the claim had been filed after the statute of limitations (100 days) had expired. Mr. Nixon said he had not been advised on this time limit. He responded to questions by members of the City Council and the City Attorney. Mr. Nixon's insurance agent also participated in this deliberation. The City Attorney had submitted a report dated October 27 which set forth in chronological order the events and provisions of the Government Code with relation to the filing of claims. Mr. Nixon will submit a written account of events as he recalls them. This item was continued from the regular meeting of November 4 in order for Council to study the matter and have time to visit another shopping center with such an electronic game center. Richard D. Bundy, Development Manager for Santa Anita Consolidated, Inc., had submitted a proposal to operate such a game room at Fashion Park. Council is to determine whether or not the game center could be considered an "other use" in accordance with Resolution No. 4185 and if the use would be compatible and appropriate for a regional shopping center. The majority of the Council had visited the Mall at Puente Hills and in some instances had talked with adjacent business owners and/or operators who advised they did not experience any problems of significance due to 11-18-75 - 3 - UTILITY USERS tAX REPORT , ;?fJ f' /.'1 'I' /Vl I lJ 1 ;I -I- s: TRAFFIC SIGNAL MAINTENANCE RESOLUTION NO. 4534 ADOPTED TRAFFIC HAZARD I 21:8908 the game room, however, some members of Council did notice problems in management and control at the facility. It appeared to be a profitable enterprise but Council concurred that the activity did not seem to be appropriate for Fashion Park. Council submitted confidence in Mr. Bundy's ability to manage and control the game room, but he might at some time in future sell the business. Mr. Bundy said he would be willing to make it a condition that if and when he should sell Council could have the final word in the new management, however, the City Attorney advised that legally this would not be acceptable. Reference was made to experience of a local game room operator who had to move his activity out of a game room into the bowling alley concourse due to too many problems for him to control. It was MOVED by Councilman Saelid, seconded by Councilman Helms and 1 carried on roll call vote as follows that Council determines that a game room would be inappropriate for Fashion Park and could not be considered an ':other use" pursuant to the provisions of Resolution No. 4185. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Pursuant to Council request staff prepared a,report on the utility users' tax imposed by the City and the impact of the tax on the operating budget. Covered by the report dated November 14 was the background, impact, advantages and disadvantages, exemptions from the tax, relationship of Utility Tax Revenue to other General Fund Revenues and Revenues and Expenditures for the fiscal year 1976-77. The report concluded with the recommendation that no changes be made in the present regulations relating to the utility tax; that it has become a vital part of the General Fund revenue and significant changes would have to be made were it reduced or eliminated. Council congratulated the Finance Director on the comprehensive report and some discussion held on what services would have to be eliminated if the utility tax were to be reduced. It was the consensus that this should be considered at budget time. Staff reported that the City's ongoing program of funding traffic signal maintenance with County Gas Tax monies is renewable at this time for the current fiscal year. The budget includes an allocation of $52,000 for the maintenance, however, due to increased material and power costs, the current year's request from County should be in the amount of $65,000. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4534, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF TRAFFIC SIGNALS ON SELECT SYSTEM STREETS." It was MOVED by Councilman Saelid, seconded by Councilwoman Lauber and 1 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 Lauber, Saelid, Helms, Scott, Gilb None None Pursuant to Council's request staff submitted the results of a study of intersection conditions and collision history at Santa Anita and Sierra Madre. A recent tragic accident had brought this to Council's attention. Various methods of improving the situation were explored, one of which was the use of a flasher type of warning device far, a stop ahead. It was the consensus that something should be done to effect an immediate improvement 11-18-75 - 4 - ADVERTISE FOR BIDS (I~~~A / TUNAS MEDIAN STRIP Landscaping J?0 FI I STORAGE TENTS (CHRISTMAS TREES) ? I::' (1: : V .5 tJ};T.e~ :) - I r~ 1 ANNUAL CONGRESS OF CITIES / (VOTING DELEGATFf) FINANCIAL j REPORT (October) .. . .:,..... :.~.; ,. I ~~~ . 21:8909 and the Director of Public Works will install a "Stop Ahead" sign, enlarge the existing "Stop Sign" and repaint the pavement signs. Landscaping will also be trimmed. During this deliberation Mrs. Joseph Sciarra, 1900 Alta Oaks Drive, said that the Highland Oaks PTA would like some type of reflectorized device installed. She expressed concern for the safety of the children. Mrs. Sciarra will discuss a flasher type of device with the PTA and obtain signatures from the neighbors in the vicinity and bring back to Council. Upon recommendation of staff it was MOVED by Councilwoman Lauber, seconded by Councilman Helms and carried unanimously that the plans and speci- fications for parkway and drainage improvement at Indiana Street and Huntington Drive be approved and that the City Clerk be and she is hereby AUTHORIZED to advertise for bids to be returned December 1. Staff reported that with the exception of minor repairs and some clean up the improvement of Las Tunas Drive has been completed and that it is noW necessary to proceed with plans for landscaping the center median between Baldwin and El Monte. It is the intent of the Director of Public Works that his staff will do all the final design plan preparation as well as specifications based on the recommendations and preliminary plans and rough details to be provided by the Landscape Architect. Staff recommended the architect who played a major roll in the development of the project. Whereupon it was MOVED by Councilwoman Lauber, seconded by Councilman Helms and carried on roll call vote as follows that Lawrence Reed Moline be retained for this purpose at a cost not to exceed $800. The monies to be appropriated from Unexpended State Gas Ta" Funds. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Council received requests to erect tents for storage of Christmas Trees from November 24 through December 24. It was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that permission be granted the following pursuant to all conditions specified in a report dated November 14. Better Gardens, n/e corner of Huntington Drive and Old Ranch Road; C. Hawkins Co., n/w corner of First and Wheeler; Boys and Girls Christian League, 220 E. Live Oak Avenue. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Pursuant to the Arcadia Municipal Code Section 6436.12 and 6220.13.1 it was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that the fee be WAIVED for the Boys and Girls Christian League. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None On MOTION by Councilman Saelid, seconded by Councilman Helms and carried unanimously Councilman Scott was designated the Voting Delegate to the Annual Congress of Cities to be held in Miami, Florida November 30 to December 4. ' AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Council received and ordered FILED the financial report for October 1975. 11-18-75 - 5 - ORDINANCE NO. 1545 ADOPTED I ORDINANCE NO. 1546 ADOPTED I ORDINANCE NO. 1547 ADOPTED / f: ;q3 ORDINANCE NO. 1532 INTRODUCED / 21:8910 The City Attorney presented for the second time, explained the content <lnd read the title of Ordinance No. 1545 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING SECTION 4122.2 TO THE ARCADIA ~NICIPAL CODE REQUIRING DISTEMPER AND HEPATITIS IMMUNIZATION BY RETAILERS OF DOGS." It was MOVED by Councilman Scott, seconded by Councilwoman Lauber 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 Lauber, Saelid, Helms, Scott, Gilb None None 1 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1546, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROHIBITING SMOKING IN DESIGNATED AREAS." MOTION by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that the reading of the full text of Ordinance No. 1546 be WAIVED. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None Council Helms further MOVED that Ordinance No. 1546 be ADOPTED. Motion seconded by Councilman Saelid and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Lauber, Councilman Scott None Saelid, Helms, Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1547 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM." It was MOVED by Councilman Saelid, seconded by Councilwoman Lauber 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 Lauber, Saelid, Helms, Scott, Gilb None None The City Attorney presented for the first time, explained the content I and read the title of Ordinance No. 1532, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING DIVISION 7 OF ARTICLE VI, CHAPTER 4, PART 3 DELETING THE SUNDAY CLOSING RULE FOR BARBER SHOPS AND ADDING PATIO, GARAGE AND/OR BACK YARD SALE REQUIREMENTS." It was MOVED by Councilman Saelid, seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full text be waived and that same be INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None 11-18-75 - 6 - ORDINANCE NO, 1549 INTRODUCED '( I ORDINANCE NO. 1550 INTRODUCED ~ f; CLAIM DENIED (SCHIAVONE) 1 QUITCLAIM ,/ 21:8911 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1549, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY DELETING SECTION 6220.19, GAMES, ARCADE, RESULTING IN AMUSEMENT GAMES TO BE LICENSED INDIVIDUALLY." It was MOVED by Councilman Scott, seconded by Councilman Saelid and carried on roll call vote as follows that the reading of the full text be waived and that same be INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None The City Attorney presented for the first time, explained the content and read, the title of Ordinance No. 1550 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9262.4.3, EXCLUDING NATURAL FLORAL AND PLANT DISPLAYS FROM THE SIGN DEFINITION." Considerable discussion was held on this proposed ordinance. The Section in question does not relate to water machine dispensers, however) .-- Council had acceded to the request of Ralphs' Markets that Council reconsider the regulation pertaining to the removal of water machines from in front of their stores in the City. Representatives of Ralphs Stores referred to petitions with 500 signatures asking that the machines remain. A communication was circulated among the Council members outlining the advantages to the customers and to Ralphs. It waS submitted that the kiddie rides will be removed from the outside of their buildings but a request was made to retain the water machines. Council discussed the legal aspects with the City Attorney. Inasmuch as this particular equipment is not part of the ordinance before Council at this time it was MOVED by Councilman Saelid, seconded by Councilman Scott and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1550 be waived and that same be INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Councilman Helms None Saelid, Scott, Gilb Some Council members felt the machines are a needed service for health reasons and others were of the opinion that all businesses must be treated equally pursuant to the law. Council will consider this at a later date. On recommendation of the City Attorney it was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the claim filed by John A. Schiavone for property damages be DENIED. (See report dated November 14, 1975) AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None On recommendation of the City AttornEY it was MOVED by Councilman Saelid, seconded by Councilwoman Lauber and carried on roll call vote as follows that the City accept $45.97 in payment for the City's interest in a transaction which goes back to 1932 and that a Quitclaim Deed be executed to Angraco Industries, Inc., in form approved by the City Attorney. (See report dated November 14, 1975). AYES: NOES: ABSENT: Council Members Lauber, Saelid, Helms, Scott, Gilb None None -- 11-18-75 - 7 - WATER DISPENSERS (December 2) ( SAELlD SAELlD SAELlD SAELlD GILB EXECUTIVE SESSION RECONVENE APPOINTMENTS t/ v ADJOURNMENT 21:8912 Reference was made again to this matter and it was MOVED by Mayor Gilb, seconded by Councilwoman Lauber and carried unanimously that the City Attorney prepare a report on some reasonable type of legislation which would allow water dispensers and other similarly situated dispensers to be allowed in the City and excluded from the regulation on outdoor storage. This will come before Council for consideration on December 2. Was advised that the Budget does not reflect an appropriation for soccer. Was advised that the matter of an additional tennis court at Hugo Reid will be on the agenda for December 2. . in the J;ecent City's -"ewsletter. . 1 Referred to ~n art'c~/ concern,ng the us~ oftne u,al-a-r,de serv,ce for transportation to and from the race track. He felt this was ill advised and the program should not be promoted in this manner. That the service was provided to aid residents financially and if a person could afford to go to the races they could afford a taxi or other means of transpor- tation. Staff will investigate the report of considerable delay in transporting a recent accident victim to the hospital. This occurred at Santa Anita and Sierra Madre. Referred to the claim filed by Jack Nixon and stated in part that it appeared to him to be a liability on the part of the City even though Mr. Nixon had not complied with the time limit due to some misunder- standing or failure on the part of city staff to inform Mr. Nixon of the statute of limitations. It was the consensus of Council that they would like to help Mr. Nixon if they can legally do so. It was suggested that if he files a verified statement under oath that he did in fact file within the year his request to have his failure to make his first deadline excused and if in that request he said he wanted to be excused and stated reasons therefor, then Council would have something substantial to consider. However, it was mentioned that Council should follow the City Attorney's advice. At 11:15 p.m. Council entered an executive session. At 12:05 a.m. November 19. On MOTION by Councilwoman Lauber, seconded by Councilman Scott and carried unanimously Ben F. Smith, Jr., was appointed to the Recreation Commission. This term will expire June 30, 1978 and is the unexpired term of Leonard McKenzie, resigned. On MOTION by Councilwoman Lauber, seconded by Councilman Saelid and carried unanimously Rosemary Scott was named an ex officio member of the Sister City Commission. 1 At 12:10 a.m. November 19 the meeting adjourned to December 2, 1975 at 7 p.m. in the Conference Room. /' / ~f Mayor ATTEST: ~~~~~~ 11-18-75 City Clerk - 8 -