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HomeMy WebLinkAboutJUNE 18,1981 (3) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION I PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION (Councilman Saelid) HEARING BUDGET I 25:0310 M I-N UTE S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING JUNE 18, 1981 Ke1 Mason, Vice President, Arcadia Chamber of Commerce Councilman Jeffrey A, Dring PRESENT: ABSENT : Councilmen Dring, Haltom, Pellegrino, Sae1id, Gilb None On MOTION by Councilman Sae1id, seconded by Councilman Pellegrino and carried the minutes of the adjourned and regular meetings of June 2, 1981 were APPROVED. Michael I, Fa1abrino, Vice Mayor of San Gabriel and Chairman of the Weat San Gabriel Valley Juvenile Diversion Project, presented Council- man Sae1id with a plaque in appreciation for his seven years of dedica- ted service to the project ,.. and for his generous contribution of time and energy, Tony Walker was introduced, Mr. Walker is the Executive Di- rector. Councilman Saelid responded in part - that in the beginning he was against this, however, after he was appointed Council Liaison he be- came aware of the work done by the Project and has been very pleased with its success and to have been a part of it, Continued consideration of the proposed budget for 1981-82. The hearing remaining open Mayor Gilb asked for anyone in the audience who desired to address the subject, Mrs, Johanna Hofer, 875 Monte Verde Drive, was advised that four police officers had been approved by Council three months ago and now there are three new parking control people. Mrs.Hofer expressed concern about the vandalism at the public schools and recommend- ed fencing the facilities in an endeavor to discourage this. Basil Johnson, 10 E, Pamela Road, expreesed disappointment at the results of the recent special election and felt there was a lot of misleading in- formation concerning the issue .,. that the citizens acted irresponsibly and completely spathetic to their responsibilities .,. that the City Coun- cil should take up this responsib1ity and reimburse the School District for whatever facilities and services the School District is providing the City free of charge, No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Sae1id, seconded by Councilman Pellegrino, ,In response to a proposal by Councilman Dring that,the race track pick up the cost of the police for traffic control during its seasons Ray Rogers, Santa Anita Race Track, said in part that for thirty years the track has been paying admission taxes out of which the extra police are paid with the balance generally going into the Capital Outlay Fund .., that the police are city employees 'and it is the Council's and the Police Chief's decision as to what is needed, He submitted" a letter summariz- ing significant points relative to admission taxes paid by the track. (Letter dated June 18, 1981 and on file in the office of the City Clerk). Mr.Rogers stated in part that he would like more time to comment on this but in summary it would be an unfair increase, -1- 6-18-81 HEARING FEDERAL REVENUE SHARING FUNDS ELECTION ,tv (I ~, HEARING (Wabbit Hutch) Condition 3 APPROVED 25: 0311 Some discussion on the utility tax paid by the track with Mr. Rogers sub- mitting that they pay about $25,000 per year in utility tax to the City and in response to a question by Mayor Gi1b he said they supported the in- creased measure; Councilman Sae1id commented in part that he would not like to see the police responsible to the track rather than to the city" for the safety of the people going to and from the track and for Arcadia residents, Councilman Haltom commented in part that the way the track is charged and billed should be changed so that it keeps step with inflation .. there is an inflationary factor in the police department ,. that the two facil- ities should work together toward an equitable solution. Mr, Rogers also responded to questions propounded by Councilman Pellegrino I relating to the attendance at the various tracks, ' Roll call vote was then taken on the motion to close the hearing. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Continuation of the review of the use of Federal Revenue Sharing Funds. The Hearing remaining open ., no one desired to be heard and the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Pelle- grino and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None Counclman Saelid remarked in part that he shares the disappointment of Mr. Johnson about the results of the election " that he does not attri- bute this in its entirety at least to misinformation which he felt was put out deliberately,. that it is similar to the same kind of thing with the passage of Proposition 13 ,. People are frustrated and infla- tion is squeezing them on one side and taxes on the other .. they are just unwilling, at this point to pay additional money for the services they now receive .. there may be some credibility gap between not only the City Council but the School District also with the community at large. Councilman Haltom commented in part since that there is so much publicity about misinformation .. there were quite a few improprieties by those in favor of Measures Nos, A. and B which did not occur by those who opposed the measures " He agreed that the people are just not ready for more taxes ,. that he did not think it was the schools at all.. that he did not think any measure would have passed whatever it was. Some discussion on the fact that only 26% of the voters went to the polls with Mayor Gi1b commenting that it was ridiculous and cited a similar in- stance in Bakersfield recently,. some people did not even know there was an election taking place. I Councilman Dring commented on a communication gap " it is difficult to get out information in the community,., that not everyone reads the lo- cal papers. APPEAL of Conditions 3 and 4 of Planning commission Resolution 1162 which granted a conditional use permit to operate an eating establishment at 400 S. Baldwin Avenue (Fashion Park) to be known as the Wabbit Hutch, It was noted that Condition 3 requires an additional exit be provided in an approv- ed location and Condition 4 provides that restroom facilities be provided which must be designed to accommodate the pandicapped. -2- 6-18-81 I I BEAll.ING HOME OCCUPATION PERMIT APPROVED 25:0312 Mayor Gi1b declared the he~~in~ ?~en and Mrs, Joan Coles, 153 Hazel Way, San Gabriel, explained what they are endeavoring-ita do = to bring a-type - of fast food facility into the Mall - there will be no cooking on the prem- ises - no open flames, She spoke to her misunderstanding after a telephone call to the Building Department of what they should do after a clearance with the County Health Department .,. She also submitted that there was a way they could comply with the requirement for a second exit and explained this .. however, if they had to comply with the restroom facility their seating capacity would be about 15 rather than the hoped 44. Dan Reed, Manager of Santa Anita Fashion Park, spoke on behalf of the Wabbit Hutch saying it would be a benefit not only to the shoppers but to the employees of Fashion Park ., the use is not a traffic builder ,. He asked that the eating establishment be permitted to open without the strict requirement in regard to public restrooms " there are sufficient restrooma in the Mall itself. Councilman Haltom queried that in the event of a fire in the Wabbit Hutch and someone was injured would Mr, Reed be willing to assume the responsibility for not having enforced tbe requirement of another exit, Mrs, Coles responded by advising there is an arch window which could be taken out and a door put in there right off the dining area, But as to the restroom they just could not do that, Some discussion held on the possibility of considering the inclusion of all the restrooms available in the Mall as fulfilling the requirement. It was brought out that Council has the authority to do this. Fire Chief Gerald Gardner said in response to a question that the second exit is definitely required for this occupancy., that the proposed second exit would satisfy those needs .,. as long as the exits are 33 feet apart. No one else desiring to speak the hearing was CLOSED on MOTION by Coun- cilman Saelid, seconded by Councilman Dring and carried unanimously. It was then MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follows that Council find in favor of the APPEAL as far as the restrooms are concerned; that the condition for an additional exit be made a requirement and approved by the Fire Chief and the Planning Department .. i. e" Condition 3 of Planning Commission Resolution No. 1162 be complied with and Condition 4 be DELETED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Appeal of the Planning Commission's denial of a request for a home occupation permit to operate a glass and glazing contracting business in a residence at 915 N. Santa Anita Avenue. It was noted that the HOme Occupation Board determined that the application complies with Conditions 1 (relating to employees) 2 (regarding mechanical equipment) and 4 (regarding vehicular and pedestrian traffic) .,. however, the appli- cant does not comply with Condition 5 (relating to storage of equipment) and Condition 7 (relating to use of required parking space for storage of equipment etc,) Subsequently this matter went before the Planning Commission and it was the consensus of the Commission that it did not have sufficient evidence to make a determination in favor and hence the application was denied, The applicant appealed this to the City Council. Mayor Gi1b declared the hearing open and the applicant, Charles From- herz, stated in part the manner in which his business is operated ,. they go from job to job ,. the trailer is a portable workshop and was desgined specifically for this type of work it weighs less than a one ton truck which is permissible ,. it is no more unsightly than a -3- 6-18-81 PERSONNEL BOARD (Public Works Dept.) YOUTH COMMISSION 25 :0313 boat, camper or the like, It is always parked in the rear of the house and never left in the front, There is no walk-in trade -- contact is by phone. He explained the pride he takes in keeping his property up.Photo- graphs of the trailer were circulated. Planning Commissioner Joe Sargis, 1611 Highland Oaks Drive, said when this matter came before the Commission they were really in a quandry ,., they were impressed by the honesty of Mr, Fromherz, Actually Mr, Fromherz is not appealing a negative action of the Commission as it did not have the power to change the ordinance the way it is now written, That it leaves a lot to be desired with respect to giving the relief to special situa- tions. (The City Attorney will be asked to check into this). No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Sae1id and carried unanimously. I It was MOVED by Councilman Sae1id, seconded by Councilman Pellegrino that the request be GRANTED with the understanding that no construction take place at the residential property, Councilman Haltom stated in part that he would like Council to reconsider the motion - that he was in favor of the home occupation ordinance - that he had been by the residence in question and wondered how it was permitted.,. that actually it is residential property being turned into commercial. Council noted that Mr, Fromherz had complied with all conditions except 5 and 7 ,.. and they had been explained in detail". the commercial ve- hicle does not deliver the materials and the storage of the vehicle has been explained, Whereupon roll call vote was then taken: AYES NOES ABSENT: Councilmen Dring, Pellegrino, Sae1id. Gi1b Councilman Haltom None Recommendation of the Personnel Board for a new classification specifi- cation for Senior Engineering Aide' at a salary of $1639 to $1992. It was MOVED by Councilman Pellegrino, seconded by Council Sae1id and carri- ed on roll call vote that the recommendation be APPROVED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id. Gilb None None Mayor Gi1b read into the record the names of the following incoming Youth Commissioners: ARCADIA HIGH SCHOOL SENIOR CLASS Alex Trigonis to June 1982 Valerie Waken to June 1982 I ARCADIA HIGH SCHOOL JUNIOR CLASS Greg Passmore to June 1982 Janet Vas law to June 1982 DANA JUNIOR HIGH SCHOOL Laura Beiswenger to October 1982 FIRST AVENUE JUNIOR HIGH SCHOOL Vicki Dickson to October 1982 FOOTHILLS JUNIOR HIGH SCHOOL Colleen Hanrahan to October 1982 -4- 6-18-81 I , '., ROLL' CALL .. ~. " , LEASEHOLD , " f 'I .' ~ INTERESTS (j;';ly 7) I 25:0314 The n~~ Commissioners were officially appointed on' MOTION by Councilman Dring, seconded by Councilman Pellegrino and' carried on roll call vote as fo1rows: AYES NOES ABSENT: Members Dring, Haltom, Pellegrino, Saelid, Gi1b None None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRES'ENT: ABSENT : Councilman Dring, Haitom, Pellegrino, Sae1id, GilD None Acquisition of leasehold interests at 59 E. Huntington Drive (Pizza ~n/ Chicke~,Delight) and relocation of same. This matter continued to July 7. Agency to enter a Closed Session on this: The ~eetirig adjourned to June 25 at 7 p.m: AuDIENCE PARTICIPATION Council recorivened and Herb Fletcher, 175 W. Lemon Avenue, referred to the properties which have been destroyed by fire during the Fourth of Juiy period and suggested that Council give some consideration, if not this year ,: ~ext, to prohibiting the sale ~nd upe of any fireworks in the City; .At this point Mayor Gilb commented that there will not be a firew~rks display in the County Park but there will still be the problem of people going to the park with their fireworks. Russ Shipman, 1630 W. Covin a Bl:, San Dimas; spoke to the plans which are underway for the Y~uth Kare School at 5150 N: Farna and that as soon as pos- sible these will be presented to the Planning Department. Mr,' Shipman also referred to correspondence which had been sent to the school by the Planning Director ~.. and said they agree with the contents. Mrs. Johanna Hofer, 875 Monte Verde Drive, spoke to the need for banning fireworks within the City and asked Council to consider adopti'ng an emer- gency resolution to this effect'. She also referred to a resolution (No, 4968) which appears on the agenda for this meeting --- in s'upport of licens=- I " , "r ' I', '. . ing San Onofre Power Plant Units 2 and 3. She felt this should have been called for a public hearing for citizenry input~ WilHam J. Hennessey, 819 Murie'tta Drive, agreed with Mayor Gilb 'tha't it was appalling that only 26% of the electorate chose to vote June 16 '., '. and suggested consideration be given to a mail-in ballot which was receil't- ly used in San Diego, He felt however that with only a 26% vote it was a mandate that the people do not want any more taxes. (Council 'will be pro- vided w'ith some data on 'the mail-in ballot at a later date), Bill Connolly, 815 E, Camino Real, also spoke to the need for 'prohibiting fireworks in the City... that it is gotten so he does not leave 'his 'home on the 4th of July because of the possibility of it catching on ffiii. Basil Johnson, 20 E. Pamela Road, spoke to the percentages in the 'recent election ." that 60% of the voters who came out to vote voted in opposi- tion to Measure A... 60% of the 27% who voted means that 16% of the elec- torate voted to turn down Measure A ... and if that is a mandate ,there is something wrong with his thinking ,.. that the people just are not for neigh- borhood schools when it will cost them a few dollars ,., they are on1y.think- -5- 6-18-'-81 HEARING SCHEDULED JULY 7 TRACT NO. 40558 Final Map 25:0315 ing about the dollars in their pockets and not willing to face responsibil- ity ... at this time the mood of the people is if it is taxes they are oppos- ed to it .. that until the pendulum swings the other way many students of this City will get a poor education. Mayor Gilb commented that all of those with children in the school system were aware of the issue and obviously they did not come out to vote ... the people who did come out stated their position and they won ... but those who did not come out he has no sympathy for them. Councilman Dring stated in part that there is another side that may be con- sidered .. he did not see that the necessary conclusion from the defeat of this tax issue is the deterioration of the schools ... the schools have rent- al property they could sell... they have vacant property they could sell "1 they also have two school properties they could sell and would end up with more money as it stands now than they would have had the measures passed ... if they deteriorate go to the School Board .. they were elec ted to '.direc t that. Councilman Saelid commented in part he knows the School Board will do its very best to maintain the quality of education ... that it has been handi- capped to a significant degree by the failure of the measures to pass .,. he is anxious to see those who now say they are willing to work to improve the situation do so ... everyone should get together to see what can be done to solve the problem. Councilman Haltom referred to the usage of the word mandate ... that a man- date is the will of the people .. that the same people who voted for us are the same people who probably voted ... It is usually the same people who do not vote .. the people who vote generally vote for school issues or against but they vote .. and if they choose to recall one of the Council that too would be a mandate .. that whether it is a win, loss or draw it is a mandate. Alana Scanlon, 461 Palm Drive, spoke to the danger to the homes from fire- works .. that she stays outdoors during the 4th of July to see that the rock- ets do not land on her shake roof. She also referred to the fine education she received in the Arcadia school system -- but that she does not feel they are demanding the quality work from the students that was demanded in her time. Pearl Scanlon, 461 Palm Drive, told of her experience in obtaining signatures for numerous petitions during which time she talked with literally hundreds of peraons whose attitude was they do not want anymore taxation of any nature. She felt people might have voted for the two school measures if it did not add to their utility taxes ... perhaps another way... sales tax or the like. Councilman Saelid responded to this in part by saying that most of those in- terested in lowering the taxes are the same people who would probably talk about smaller government -- keeping it on the local level.. not giving it to Sacramento or Federal but what they are doing is divorcing local control and sending it on to those agencies ... that he believes the measures would have gone down because people are feeling the crunch right now. CONSENT ITEMS 1 SCHEDULED.a public hearing for July 7 on a zone change for the area bound- ed by the 210 Freeway on the north, Fifth Avenue on the East, the AT&SF Railroad on the south and Second Avenue on the west, and to add a high rise overlay on the property located at the northeast corner of Second Avenue and Huntington Drive. APPROVED the final map of Tract No. 40558 for a six unit residential condo- minium at 1115 W. Duarte Road subject to the condition that before the fi- nal map is recorded all outstanding conditions must be complied with. -6- 6-18-81 TRACT NO. 36277 Final Map TRACT NO; 38362 Extension CUP (Restaurant) 1 ADDITION TO HOUSE STREET CLOSURES (July 4) SB 821 FUNDS SCREENING (Newcastle Park) PUMP CONTROL PANELS (Water) 1 ORDINANCE NO. 1726 ADOPTED 25:0316 APPROVED the final map of Tract No. 36277 for a five lot subdivision at 1140 - 1150 W. Foothill Bl., subject to the condition that before the fi- nal map is recorded all outstandi~g conditions must be complied with. APPROVED a 6 month extension for Tract No. 38362 for a twelve unit resi- dential condominium at 309-315 California Street. APPROVED the conditional use permit for outside storage for the Captain's Broiler Restaurant at 600 W. Las Tunas. (Planning Commission Resolution No. 1163). APPROVED Planning Commission Resolution No. 1164 which granted a zone variance for the construction of a two story addition to a second dwell- ing on an R-l lot at 1335 - 1337 South Second Avenue. APPROVED the following street closures for July 4 block parties: Magna Vista - Lyndon Way to LeRoy Av. Anita Crest - Grandview to Chantry Wistaria - Holly to El Monte 2 p.m. to 10 p.m. 4 p.m. to 10:30 p.m. 4 p.m. to 11:00 p.m. Conditions of approval st forth in staff reports dated June 18. APPROVED the adoption. of a resolution (4966) for pedestrian facilities and designating a bicycle and pedestrian facilities project. (RESOLU- TION ADOPTED AT THE END OF THIS MEETING.) APPROVED the plans and specifications for the permanent screening of the handball courts at Newcastle Park and authorized the City Clerk to adver- tise for bids. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Staff reported that three firms had bid on the engineering services for the modification of pump control panels for emergency generators at the Santa Anita and Canyon Booster Stations so that permanent provision may be made to plug in emergency generators in the event of a major power failure. It was MOVED by Councilman Haltom, seconded by Councilman Pelle- grino and carried on roll call vote as follows that the low bid of J. W. Engineering be accepted in the amount of $4,400 that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to ex- ecute a contract in form approved by the City Attorney. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Gilb Councilman Sae1id (he felt it too expensive) None The Acting City Manager presented for the second time and read the title of Ordinance No. 1726, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.19 OF THE ARCADIA MUNICIPAL CODE TO REZONE THE PROPERTY LOCATED AT 536 LAS TUNAS DRIVE FROM PR-3 & D to PR-1." It was MOVED by Councilman Haltom, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1726 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None -7- 6-18-81 RESOLUTION NO. 4966 ADOPTED 25:0317 The Acting City Manager presented and read the title of Resolution No. 4966, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROV- ING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FACILITIES AUTHORIZED UNDER SB 821 AND DESIGNATING A BICYCLE AND PEDESTRIAN FACILITIES PROJECT". It was MOVED by Councilman Dring, seconded by Councilman HALTOM and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4966 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None 1 ELECTION The City Clerk explained the results of the June 16, 1981 ele~tion: CERTIFICATION RESOLUTION. NO. 4967 ADOPTED RESOLUTION NO. 4968 CLAIM DENIEl) (Smalley) : SAELIl) MEASURE A MEASUREB AYES NOES 39.8% 60.2% 26.4% 73.6% 3030 4575 AYES NOES 1992 5549 TOTAL VOTES CAST 7624 The City Clerk then presented and read the title of Resolution No. 4967, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CAL- FORNIA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 16TH DAY OF JUNE 1981 DECLARING THE RESULT THEREOF PURSUANT TO THE PROVISIONS OF THE CITY CHARTER". It was MOVED by Councilman Sae1id, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None The Acting City Manager presented and read the title of Resolution No. 4968, entit1edd: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCA- DIA SUPPORTING LICENSING OF SAN ONOFRE NUCLEAR POWER PLANT UNITS II AND III; DEVELOPMENT OF ALTERNATIVE FORMS OF ENERGY, AND CONTINUED COMMITMENT TO CONSERVATION OF ENERGY RESOURCES". It was MOVED by Councilman Haltom, seconded by Councilman Dring and carried on roll call vote as follows that the full reading of the full text of Reso- lution No. 4968 be waived and ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None 1 On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote the claim of Marie Smalley was DENIED. " AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sae1id, Gi1b None None Referred to the fireworks as brought up earlier in this meeting and said in part that if the heat wave continues it might be necessary to adopt an emergency ordinance to disallow the use of fireworks in the City.. he does not like to see this come about as so many restraints are being put upon the citizens, but homes must not be burned either. Councilman Haltom agreed with this observation. In response to a question Police Chief Mitchell said in part that he does n ':'_10_0' 1 RED CROSS ADJOURNMENT June 25 7 p.m. 1 25:0318 not have the manpower to enforce such an ordinance at the County Park that all of his personnel will be on duty for this coming 4th of July and they will do their very best. With reference to the utility tax Councilman Saelid said in part he would like to see a cap on the revenue produced from that source ... use 1980-81 as a base year with provision for a 10% growth each year thereafter ... that no matter what happens in terms of the cost of natural oil and gas .. the citizens would know what to expect from the City for taxes and the City will know what to expect from revenue. Council concurred and staff will prepare such an ordinance for consideration. The sub-lease between the Methodist Hospital and Red Cross will be review- ed at a later date. At 10:30 p.m. the meeting adjourned to June 25 at 7 p.m. in the Conference Room. ~ ("Mayor ~ ATTEST: ~4'e )L~ City Clerk -9- 6-18-81