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HomeMy WebLinkAboutAPRIL 7,1981 (3) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION SANITATION DISTRICT PROPOSED SERVICE CHARGE I 25:0252 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING APRIL 7, 1981 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session at 7:30 p.m. April 7, 1981 in the Ar- cadia City Hall Council Chamber. Rev. Dr. James McCormick, Church of the Good Shepherd Rev. Dr. James McCormick PRESENT: ABSENT Councilmen Dring, Haltom, Saelid, Pellegrino Councilman Gilb It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried that Councilman Gilb be excused. On MOTION by Councilman Dring, seconded by Councilman Saelid and carried the minutes of the adjourned regular meeting of March 2, the adjourned and regular meetings of March 3 and the adjourned and regular meetings of March 17, 1981 were APPROVED. On behalf of the City Council Mayor Pellegrino accepted a flag which had been a gift to the City from the Women's Division of the local Chamber of Connnerce in 1963. It carried the emblem of "The Queen City" which was subsequently changed to '''Connnunity of Homes". Lt. (Ret) Tom Bednark made the presentation and told how Mrs. Bednark, at the time was President of the Women's Division, saw to it that this flag was created and presented to the City. Since the emblem was changed this has been in the possession of the Bednarks. Walter Garrison, Chief Engineer and General Manager of the Sanitation District of Los Angeles County explained in part that each district is a separate entity.. a special purpose district charged with the respon- sibility for building pump sewer collectors, pumping stations'and treat- ment plants serving over four million people in the County. He continu- ed in part that since Proposition 13 its revenue has been reduced by 70% which is not sufficient to meet its needs. The proposal to levy a ser- vice charge was explored in detail. In so doing he said the charge for Arcadia would be $11 for the first year. The charge would be placed on the property tax statements thereby saving the District a considerable amount. The district operates under the State Health and Safety Code and is not subject to Proposition 4 Appropriation Limitation. This proposal actually is the result of the reconnnendation of the Citizens Advisory Connni tte e of the Dis tric t. Although this was not a public hearing Mayor Pellegrino opened it up to anyone desiring to speak to the matter. Mark Nottingham, 9575 Broadway, Temple City, propounded a question to Mr. Garrison concerning how the district collected the funds to operate prior to Proposition 13. Mr. Garrison said in part that the portion collected with the ad valorem tax brought in just under three million dollars ... or about 25c per $100 assessed valuation. Also Grants were obtained from State and Federal. -1- 4-7-81 HEARING Driveway Ramp (Con t' d.) to Apr. 21) 25:0253 Larry Giannone, 718 W. Wistaria, said in part that he would like to see this matter placed before the electorate ... that if it is necessary for health he feels certain that the public would vote for it .. that it re- ally is nothing more than a tax. Glen Wunderly, 320 Hacienda, said it is a necessary service and felt the public would vote for it if given the opportunity.. they do not want to be under the apprehension that it isn't a tax when it really is. Herb Fletcher, 175 W. Lemon Avenue, said in part tht he at one time was a member of the Citizens Committee on the Santiation Commission and that the proposal being submitted now was a final conclusion of the many con- siderations studied by the Committee .. that it is a basic property re- lated service ... sewer service '.' that this is just one more argument for Council to take a look at and try to change how the property tax that is collected is distributed. I This item had been scheduled as informative and Mr. Garrison was thanked for his presentation and for the opportunity of permitting persons to hear first-hand reasons for the proposal. (Transcript available.) Request for a variance to the Building Code Driveway Ramp Regulations. This is for a proposed residential condominium at 750 Fairview Avenue. Staff recommended approval and reported that the request is consistent with the design which has been approved in recent variance applications. The Planning Director explained that six other modifications had been granted relative to this project. In response to a question he said the new,standards should be before Council April 21 and that this one is consistent with the proposed new standards. He outlined the other six modifications. Mayor Pellegrino declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Dring and carried unanimously. Councilman Saelid then MOVED to approve the variance request. Motion seconded by Mayor Pelle- grino. In response to a question by Councilman Haltom staff advised that there have been six modifications granted on this property and explained each. That what is being proposed in the new Code is identical to what is pre- sented in this particular application. Councilman Haltom stated in part that this would make the seventh modification if granted and he felt this would be excessive; that in his opinion the variance requested may meet the Code the City Council is going to consider but at this time it does not meet the existing Code. Councilman Saelid observed in part that he did not disagree with the proposed new standards for ramps; he does have some concerns as to what is required in the way of developments; that he could think of several which did not have to come before Council and which are not all that at- I tractive ... he felt there are some areas in the Code which should be strengthened. As to the matter before Council at this time, grade of the driveway ramp, he would have to consider it appropriate inasmuch as the same thing has been done for other projects within recent months. Councilman Dring said in part that in his opinion he felt modifications have been granted altogether too often for condominiums by the Planning Commission ... that he has heard that the words 'creative architectural design' should be used when denying a homeowner a two foot variance and yet when constructing a condominium there seems to be no problem at all. He did not support this modification request .. nor the ones which have previously been granted. -2- 4-7-81 HEARING Driveway Ramp (Apr. 21) I I ROLL CALL 25:0254 Roll call vote was then taken on the motion. A~S NOES ABSENT: Councilmen Saelid, Mayor Pellegrino Councilmen Dring, Haltom Councilman Gilb (TIE VOTE) (CARRIED OVER) Request for a variance to the Building Code Driveway Ramp regulations. This is for a proposed residential condominium at 1036 Fairview Avenue. The request is consistent with the driveway ramp design which has been approved in recent variance applications. The Planning and Building Departmernsrecommend approval. The profile is identical with those approved in past applications and is consistent with the proposal to come before Council on April 21. Councilman Haltom felt that the argument that it has been done before should not be applied -- that there is always a time to change the pre- cedent .. that better alternates should always be sought .. that each issue should be taken on its own merit. Councilman Saelid said in part that the same standards apply in this instance as those applied to similar situations " and it was agreed that they were reasonable and worthwhile at that time '" that to find now that it does not apply does not make sense to him ... that doesn't mean there is resistance to change -- it means that Council abides by standards that are acceptable. In response to an inquiry by Councilman Dring staff advised tqat there were three modi fica tons granted in this instance and outlined each. Mayor Pellegrino declared the hearing open and Louis Rodwell, 1041 E. Green Street, Pasadena, architect for the project, said in part that they follow the new ramp requirements pursuant to the City profile and explained in detail his position. Councilman Saelid submitted in part that the Planning Commission and De- partment'have come up with what they consider to be a good recommendation in terms of ramp requirements and it is in line with what the architect for this project designed. He suggested that this matter be held over until the next meeting. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Dring. Councilman Saelid further MOVED that this matter be carried over to the next regular meet- ing (April 21). Motion seconded by Councilman Dring and carried on roll call vote as follows: A~S NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Haltom, Saelid, Pellegrino Member Gilb On MOTION by Member Saelid, seconded by Member Dring and carried unani- mously Member Gilb was excused. Due to the structure of the three scheduled hearings on the agenda all relating to the same subject it was determined that they be considered by the City Council and the Redevelopment Agency concurrently. Roll call was taken of the Council Members. -3- 4-7-81 ROLL CALL HEARING GENERAL PLAN-LAND USE (Apr. 13) HEARING Commercia 1 Planned Development (Apr. 13) HEARING REDEVELOPMENT PLAN (Apr. 13) 25:0255 PRESENT: ABSENT : Councilmen Dring, Haltom, Saelid, Pellegrino Councilman Gilb On MOTION by Councilman Saelid, seconded by Councilman Dring and carried unanimously Councilman Gilb was excused. The Planning Director advised that Resolution 1157 was adopted by the Planning Commission in which certain amendments to the General Plan were recommended -- establishing a Planned Development Area-l Land Use Desig- nation and changing the General Plan Map Designations from Commercial and Industrial to Planned Development Area-l for the properties bounded on the north by the 210 Freeway, on the south by the AT&SF Railroad, on the east by Fifth Avenue and on the west by Second,Avenue. The City Counc il subsequently directed staff to initiate proceedings for such change. I To provide specific development standards, encourage architectural and spatial compatability of structures and uses, the City determined the most viable solution was to propose a new General Plan Designation - "Planned Development Area". This was for the grea tes t flexibility for development, encourage consolidation of land for large scale projects and set forth policies and procedures for implementation. Resolution No. 4924 was adopted by the Council which determined the EIR was in com- pliance with CEQA, the State Guidelines and City regulations implement- ing CEQA. The Planning Director also advised that Resolution 1158 was adopted by the Commission recommending a Text Amendment adding a commercial Planned Development-l Division to the Code and amending the Conditional Uses Div- sion to the Code. The City Council directed staff to initiate procedures for the consideration of amending the General Plan and Zoning Ordinance which would allow for a greater range of uses and would establish develop- ment regulations governing such uses for the area bounded by the 210 Free- way on the north, the AT&SF Railroad on the south, Fifth Avenue on the east and Second Avenue on the west. (Staff report dated April 7 on file). The ARA staff then presented for consideration certain amendments to the Redevelopment Plan of the ARA establishing a Planned Development Area Land Use Designation and changing the Redevelopment Plan Map designations from Commercial and Industrial to Planned Development Area for properties bounded on the north by the 210 Freeway, on the south by the AT&SF Rail- road, on the east by Fifth Avenue and on the west by Second Avenue. The purpose of this recommendation was to allow for construction of a hotel ane various commercial-office developments. It would change the current land use designation from industrial and commercial to Planned Development. As required by law the redevelopment plan amendment is consistent with the proposed General Plan amendment which is currently under consideration by the City Council. Mayor and Agency Chairman Pellegrino declared the hearing open and Mike I Wa~ner, 16208 Joanna Avenue, Cerritos, Ca., representing Arcadia Datsun, referred to the text amendment wherein the property at 333 East Hunting- ton Drive would be limited to three stories ... they would like to re- tain flexibility on the seven acre site in order to construct buildings up to eight stories. It was felt that something like eight story twin towers could be developed approximating a $15 to $20 million development. He also said in part that an H (height) overlay would be acceptable. Bruce Low, Arcadia Datsun, said in part that it appears to him that one of the largest problems in the endeavor to redevelop the properties in the subject area is because the parcels are owned by so many different people with small businesses .. he felt consideration should be given to his company which has proven a track record and has brought in consider- able revenue to the City.. He asked for flexibility so that their pro- posed development could proceed in planning. -4- 4-7-81 I ADVERTISE FOR BIDS I SALE OF WATER (SG Va lley Wa ter Co.) CONTRACTS AWARDED (Wa terlines) CONSULTING ENGINEER (Chapman Boosters) 25:0256 David Tidus, sa id in part the future. one bu ild ing President of Teledyne Camera Systems at 131 N. Fifth Avenue, that it is not clear just what may happen to his company in They would like to remain in the City and would like to have instead of the existing two (on Fifth Avenue and Rolyn Place). Mr. Tidus would like his business to be included in the plans for the future. Mr.Tidus was informed that the various uses would have to be evaluated at the time development is proposed. Phelps Wood, 1433 St. Albans, San Marino, owner of a building in the redevelopment area, said in part he was opposed to the proposed change in zoning which would change from the present industrial. Mark Nottingham, 9575 Broadway, Temple City, was advised that the City and Agency own about 40 acres ... and with the 7 acres taken out which Datsun owns " it is really a minority percentage .. that with the con- templated zone change the values would appreciate. Also in response to questions by Mr. Nottingham staff advised in part that it is an obliga- tion of the Agency to provide relocation services to any property owner within the redevelopment project area who is displaced by actions of the Agency... that the tenants would be eligible for relocation payments up to $4000 each to assist in the transition. John Pavlik, realtor, suggested that anyone who does not have represen- tation should acquire some one. Marty Acosta,speaking on behalf of his father-in-law who resides at 11 S. Fourth Avenue recited an offer which has been made to his father by the company representing the Agency which he said they could not and would not accept. Mr. Acosta was advised to confer with the redevelop- ment agency staff and bring any papers he has with him. Sarah Kennedy, said she had received an offer which she felt was way out of line - as she could not find another home for the $45,000 offered. No one else desiring to speak to this matter the hearing was CLOSED on MOTION by Member Dring, seconded by Member Saelid and carried unanimous- ly. It was the consensus that further study and discussion is needed on these matters and the fact that Member Gilb will return shortly an adjourned session was scheduled for Monday April 13. CONSENT ITEMS APPROVED plans and specifications for the resurfacing of tennis courts at Newcastle, Tierra Verde and Bicentennial Parks - Job No. 516 and authorized the City Clerk to advertise for bids. This project is in- cluded in the 1980-81 budget. AUTHORIZED the Mayor and City Clerk to execute the Agreement between the City and the San Gabriel Valley Water Company for sale of water. AWARDED contracts for waterlines on Bonita, Fourth and Michillinda Avenues for Schedule I to John T. Fricke Construction in the amOunt of $10,411, contract for Schedules II and III to J.E.R. Construction in the amount of $82,300.32; that all other bids be rejected, any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute contracts in form approved by the City Attorney. AWARDED the contract for consulting engineer for the design of the Chap- man Booster Station to Alderman, Swift & Lewis in the amount of $14,000. -5- 4-7-81 COYOTE CONTROL HEARING Apr. 21 WATER PRESSURE REPORT EMERGENCY AMBUlANCE CHARGES ORDINANCE NO. 1719 INTRODUCED HEARING SCHEDULED APR. 21 RESOLUTION NO. 4954 ADOPTED 25:0257 The Mayor and City Clerk were AUTHORIZED to execute the contract in form approved by the City Attorney. APPROVED transfer of $500 from General Contingency Account to Special Programs - Coyote Control. SCHEDULED a public hearing on Planning Commission Resolution 1159 reco- mmending a test amendment to authorize limited improvements to nonconform- ing single family dwellings in the R-3 zone. APRIL 21. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN HALTOM, SECONDED BY MAYOR PELLEGRINO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: I AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The Wa ter Manager submit ted a report on the low wa ter pressure in the area of Rosemarie Drive between Holly and Florence Avenues. He said it would cost about $42,400 or $757 per service for the 56 properties involved to increase the pressure.' A further study will be prepared indicating minimum pressures. Council received a report and recommendation concerning emergency am- bulance service charges (Paramedic Program) and it was MOVED by Council- man Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that the rates for citizens of Arcadia be adjusted to the equivalent rate allowed for basic and emergency services under the Medi- care/Medi-Cal Programs - total of $63.00; that the rates for non-residents be adjusted to the equivalent rates allowable under Medicare/Medi-Cal Program or the County approved schedules. Rates include mileage, night call, oxygen, emergency and other approved charges. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Councilman Dring presented, read the title of Resolution No. 1719 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING CERTAIN BUILD- ING REGUlATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE, ADOPTING THE UNIFORM BUILDING CODE, 1979 EDITION, UNIFORM BUILDING CODE FOR STANDARDS, 1979 EDITION, UNIFORM MECHANICAL CODE, 1976 EDITION, AND WITH CHANGES, ADDITIONS AND DELETIONS THERETO, AND AMENDING, ADDING AND DE- LETING CERTAIN BUILDING REGUlATIONS SET FORTH IN ARTICLE VIII OF THE AR- CADIA MUNIC IPAL CODE", and MOVED that the reading of the full text be waived and that same be INTRODUCED. Motion seconded by Mayor Pellegrino and carried on roll call vote as follows: I AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb The City Attorney presented, explained the content and read the title of Resolution No. 4954, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING A CONDITION OF CONDITIONAL USE PERMIT 75-14 TO EXTEND THE OPERATING HOURS FOR A BAR AT 131-1/2 EAST HUNTINGTON DRIVE." It was MOVED by Councilman Haltom, seronded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4954 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring; Haltom, Saelid, Pellegrino None Councilman Gilb -6- 4-7-81 HALTOM CLOSED SESSION CLAIM (Juvina 11) APPROVED I ~,,~, I . 25:0258 Brought up the home occupation permits and business license fees. Re- port will be prepared for Council on May 5. Council recessed in order to enter a Closed Session. Reconvened. on MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows the claim of Gordon L. Juvinall was approv- ed $50 for Mr. Juvinall and $148 for his insurance carrier, the Auto- mobile Club. AYES NOES ABSENT: Councilmen Dring, Haltom, Saelid, Pellegrino None Councilman Gilb Councilman Saelid adjourned the meeting at 11:30 p.m. in memory of Dr. James Anderson. "He was a twenty-six year resident and physician of Ar- cadia. Dr. Anderson passed away April 1st. It was rather sudden ... it was only a matter of weeks that he was diagnosed as having leukemia. Being a medical doctor he felt the chemotherapy would do nothing to fur- ther his chances other than to make him sick. He, therefore, took none of this type of treatment and carried on a full schedule at the hospital and at the office until just several days prior to his passing away. He leaves his wife, Nancy, sons Jim, Lee, and Brett. He also leaves his mother, Mrs. Cecil Bays of Rancho Bernardo and his brothers Robert Ander- son, Pittsburgh, Pennsylvania, and Charles Anderson of Agoura. He was born in Columbus, Nebraska in 1923. He practiced obstetrics and gyne- cology in Arcadia for twenty-five years. He received his medical degree from the University of Southern California in 1950, continued his intern- ship and residency at County USC Hospital. He has received numerous pro- fessional credits. He served on the Citizens' Advisory Committee of FCC at the Tuesday Evening Forum. He was a member of the Church of the Good Shepherd, a member of the Board of Myasthenia Gravis Foundation, member of the Board of Directors of the Gull Wing Group, which I really don't know about. and a collector of classic cars for many years. I attended his services because I knew him slightly.. my wife knows his wife rath- er well. I think its indicative, of the friends he had in town to say the people who appeared at that service, the Church of The Good Shepherd, were too numerous for the sea ts .. the pla ce was packed and in addition to that they had a blood drive in memory of Jim, Monday. and approximately 100 people signed up. He recently sent us a letter having to do with his opinions with regards to what we might do about meeting the needs of the school district. Jim was one who did participate fully in the com- munity. He was recognized by his colleagues as upholding the very best in ideals and ethics of the medical profession. I think we lost a great man when he passed away. And, in his memory I would like to close the meeting." The meeting then adjourned to Monday April 13, 1981 at 7 p.m. ATTEST: ~~ City Clerk -7- 4-7-81