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HomeMy WebLinkAboutJULY 7,1981 (3) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE MINUTE APPROVAL 25:0324 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 7, 1981 The City Council of the City of Arcadia, California met in a regular session July 7, 1981 at 7:30 p.~. in the City Hall Council Chamber. PRESENT: ABSENT : Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None Rev. Charles Crismier, Jr., Arcadia Friends Church Councilman Jack Saelid On MOTION by Councilman Pellegrino, seconded by Councilman Saelid and carried unanimously the minutes of the adjourned and regular meetings of June 18, 1981 were APPROVED. PRESENTATIONS Mayor Gilb presented plaques of appreciation to the following re- tiring members of Boards and/or Commissions. NEW MEMBERS I HEARING (Zone Changes) APPROVED ARCADIA BEAUTIFUL COMMISSION Charles Batterson Helen Hauser Claude Hoard 1977-1981 1977-1981 1979-1981 LIBRARY BOARD OF TRUSTEES Shirley Butterworth 1977-1981 PERSONNEL BOARD Sarah Peterson 1975-1981 SENIOR CITIZENS' COMMISSION Mrs.Afton Lindsay Lee Lurie 1978-1981 1978-1981 The City Clerk administered the oath of office to two new members on the Senior Citizens' Commission: Isabel Hooton representing the Arca- dia Senior Friendship Club and Sam Hoover. Both will serve two year terms expiring June 30, 1983. Planning Commission Resolution 1165 recommending denial of a zone change from M-l, C-2 and C-2 & D to CPD-l (Commercial Planned Development-I) for the area bounded 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. Council reviewed the report with the Planning Director explaining the position of the Commission. The Planning Department recommended the zone changes. It was felt by the Department that the zone changes are by and large the final steps in implementing Council's directive of March 1980 and will provide for expanded development alternatives, en- courage architectural compatability between new projects within the sub- -1- 7-7-81 HEARING APPEAL DENIED 25:0325 ject area. It was also noted that an environmental impact report had been prepared and certified on November 16, 1980 by the City Council. Mayor Gilb declared the hearing open and Bruce Low, Arcadia Datsun, favored the zone changes which he felt is needed for the area. Mrs. Johanna Hofer, 875 Monte Verde Drive, felt the zoning should not be changed to accommodate the hotel and that redevelopment was never put to a vote of the people .. that the value of the land will increase with the rezoning .., the money could help build an auditorium and could also give some retired former city employees an increase in their pen- sions. - and questioned locating a hotel alongside a railroad track. Mark Nottingham, 9575 Broadway, Temple City, Third Avenue, expressed opposition to the use homes ... all on small lots. He was in favor automobile agency and the hotel property. owner of 37 and 49 North of condemnation for those of the overlay for the I Bill Connolly, Chairman of the Arcadia Redevelopment Project Area Com- mittee, said in part that the hotel would upgrade the area and favored the zone change ,.. people will then know what they can and cannot do. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Pellegrino, seconded by Councilman Saelid and carried unan- imously. Councilman Saelid MOVED to approve the zone changes as submitted and to override the denial of the Planning Commission. Motion seconded by Councilman Haltom. Councilman Dring said in part he could not support the CPD-l zone (Com- mercial Planned Development-I); that the 22,000 sq, ft. minimum lot size is inverse condemnation which was not the intent or purpose of the redevelopment law. He expressed empathy for those residing on North Third Avenue. Roll call vote was then taken on the motion: AYES NOES ABSENT: Councilmen Haltom, Pellegrino, Saelid, Gilb Councilman Dring None Appeal of Planning Commission's denial of Condition 5 of a Modification application for the replacement of an existing substandard one bedroom dwelling with a new two bedroom dwelling at 408-410 South Second Avenue. 6'0" Condition 5 would have permitted an existing fence approximately 4'0" to in height and a proposed 6'0" high fence to be along the easterly proper- ty line in lieu of the required masonry wall. Mayor Gilb declared the hearing open and the applicant, Russell Simon, 1845 Chantry, Arcadia, said in part that he could not proceed with the project if he had to go to the expense of constructing the masonry wall ,.. that at the present time there is a stone wall and a chain link around the property. I No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Haltom, seconded by Councilman Pellegrino and carried. Councilman Haltom referred to a previous similar situation concerning a fence and it was explained that in that particular instance there were no requirements for walls or fences around conventional subdivi- sions- in the subject instance the applicant is seeking to increase the number of units but to remove one of the very substandard units and bring it up to code and at at a later date to improve the second substandard unit. The existing R-2 and R-3 zone sections require mason- ry walls around the projects. -2- 7-7-81 I I'~ ., ROLL CALL 25:0326 Planning Commissioner Hegg said in part that the concept of a wood wall or a masonry wall in a multiple family situation is basically for a buffer and durability.,. that in this case the open-space was being forced into a rear corner of the property and it was felt the masonry wall was neces- sary. Mr. Simon was asked to respond to a question as to exactly what he is re- questing. Mr, Simon said that he does not want to have to install the masonry wall... to permit what existing fences would be acceptable and to install wood fences where they would not .,. if he has to install wood fences all around he would do so. It was noted that about 500 feet of fencing would be required. Councilman Pellegrino said he had visited the site and there is a four foot block wall fence with a two foot chain link fence on top of that ... there is a lot of growth and affords privacy. He was in favor of grant- ing the request as was Councilman Haltom. Councilman Saelid felt that considering that the intent of the wall is for privacy the landscaping on the fence is not something that can be considered permanent .., it can go anytime and then the chain fence would remain which would not do anything for privacy. Councilman Dring said in part that the requirement for the masonry wall is in the building code .. something that is enforced and to acquiesce on this would mean that the building code is not worthwhile and the re- quirement should be removed. Mayor Gilb brought attention to the fact that four of the five requested modifications have been approved. It was MOVED by Councilman Haltom, seconded by Councilman Pellegrino that the appeal be GRANTED. Roll call vote was then taken. AYES NOES ABSENT: Councilmen Haltom, Pellegrino Councilmen Dring, Saelid, Gilb None MOTION DID NOT CARRY Councilman Saelid commented for the record concerning his 'No' vote that in an income producing property -- where there is a code provision spelling out what the property standards are, there must be a very good reeason to override that requirement, and he did not think economics would be one. Councilman Saelid then MOVED to deny the appeal. Motion seconded by Councilman Dring and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Saelid, Gilb Councilmen Haltom, Pellegrino None Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Haltom, Pellegrino, Saelid, Gilb None Acquisition of leasehold interests at 59 E. Huntington Drive (Pizza Man/Chicken Delight) and relocation of the same. Council retired to a CLOSED SESSION, reconvened and took the following action on this item: It was MOVED by Councilman Saelid, seconded by Councilman Dring and -3- 7-7-81 ADJOURNED July 21 6:30 p.m. HEARING SCHEDULED Oct. 6. 'Sl HEARING July 21 CONDITIONAL USE PERMIT INSURANCE LIABILITY RENEWED INSURANCE Workers' Compensation RENEWED INSURANCE Excess Workers' Compensation CONSOLIDATED LIGHTING DISTRICT SALE OF WATER SIGNAL MAINTENANCE Contract Award EASEMENTS VACATED (July 21) SCREEN Handball Ct. Newcastle Park 25:0327 carried on roll call vote as follows that this matter be CONTINUED to a date uncertain pending a written legal opinion by the City Attorney. AYES NOES ABSENT: ~embers Dring, Haltom, Pellegrino, Saelid, Gilb None None Adjourned to a CLOSED SESSION July 21 at 6:30 p.m. AUDIENCE PARTICIPATION George Nayhaus, 6813 N. Temple City Boulevard, County territory, asked that the twenty homes in his area which had been omitted from the bound- aries under consideration for annexation to Arcadia, be included. I Herb Fletcher 175 W. Lemon Avenue, spoke to the need for a fireworks ordinance in an endeavor to diminish the fire hazard. He also said in part that the City should consider reimbursing the residents who suffer- ed fire damage to their homes due to fireworks. It was noted by staff that the City Attorney is drafting an ordinance on fireworks for Council consideration ... probably July 21. Hearing to be scheduled for October 6, 1981. CONSENT ITEMS SCHEDULED a public hearing for July 21 on Planning Commission recommen- dation concerning a text amendment to allow office uses in an M-l zone with an approved conditional use permit. APPROVED Planning Commission granting a conditional use permit for con- struction of a new Hughes Market at 1101 W. Huntington Drive. AUTHORIZED the renewal of the contract with Carl Warren & Company for the fiscal year 1981-82 subject to charges outlined in their proposal dated June II, 1981 and amendment No. 3 to the Service Agreement. AUTHORIZED the renewal of the contract with Fred S. James for 1981-82 based on the minimum fee and cost per claims as outlined in his pro- posal. AUTHORIZED the acceptance of the proposal submitted by Huntington Asso- ciation for the fiscal year 1981-82 for excess Workers' Compensation coverage with a self insured retention. RECEIVED report pursuant to the prov1s10ns of the Streets and Highways Code Section 18164 reflecting annual estimate of costs of operating the Consolidated Lighting District including power and maintenance as well as energy adjustment costs at current rates. APPROVED the Agreement for sale of water to the Southern California Water Company and authorized the Mayor and City Clerk to execute the same in form approved by the City Attorney. I' " AWARDED the contract for the annual traffic signal maintenance to Signal Maintenance Company pursuant to terms set forth in its proposal; waived any irregularities or informalities in the bids or bidding pro- cess and authorized the Mayor and City Clerk to execute the contract in form approved by the City Attorney. AUTHORIZED the City Attorney to prepare a resolution declaring inten- tion to vacate and abandon easements at 1303 and 1415 Linda Way. AWARDED contract for the screening of the handball court at Newcastle Park to Crown Fence & Supply Company in the amount of $4,682.00. Appro- priated from Parks and Recreation Facilities Fund. -4- 7-7-81 STREET IMPROVEMENT WORK PROJECT I CONTRACTS AWARDED I ADVERTISE FOR BIDS (Fairview Avenue) APPROVED 25:0328 APPROVED the plans and specifications and AUTHORIZED the City Clerk to advertise for bids for the reconstruction of Fairview Avenue from Baldwin Avenue to the west City boundary (Job 509). This will be financed with State Gas Tax funds, APPROVED an agreement with the California Conservation Corps as set forth in the recommendation of the Fire Chief and that $3000 of Federal Reve- nue Sharing Funds be used for the purchase of materials for this particu- lar project, ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN PELLEGRINO, SECONDED BY COUNCILMAN DRING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Council received the report on bids received and the recommendation for award of contract for the construction of concrete gutter improvement of alley south of Duarte Road and Site improvements at Fire Station 3 (Job Nos, 507,513 and 517,) Councilman Dring felt that a reduction in spending must be achieved -- that the approved budget for this year is more than 20 percent over last year .. that Council has not grasped what the people are trying to say... he could not approve the continued spending level that is being generated by Council. The Director of Public Works read his report in full and noted that the funds for the concrete gutter will be from State Gas Tax Funds. the im- provement of the alley and the site improvement of Fire Station 3 will be Capital Improvement Project funds. Councilman Saelid submitted in part that the observation of Councilman Dring makes good sense particularly where the Operating Budget is concern- ed -- but as to Capital Improvements it comes down to whether or not in the wisdom of the Council would it make more sense to make these improve- ments this year than next " He felt the capital improvements should pro- ceed. He agreed that some way should be found to cut the operating budget back because it is possible to run into a revenue crunch shortly. Councilman Saelid then MOVED to award the contract for Job Nos. 507 and 513 to the Frontier Concrete Construction Company in the amount of $33.084.83 and a separate contract for Job. No. 517 be awarded to J. Ko- vac in the amount of $9.531,50; that any informalities or irregul~ri~ies in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contracts in form approved by the City Attorney. AYES NOES ABSENT: Councilmen Haltom, Pellegrino, Saelid, Gilb Councilman Dring None Council received the report on the proposed reconstruction of Fairview Avenue ~rom Baldwin Avenue to the west city limits (Job No. 509). This would include gutters at locations where no gutter exists. replacement of broken curbs and resurfacing, It would be financed out of State Gas Tax funds. Councilman Dring said in part that he believes some of the capital im- provements are absolutely required, He would like to see the Council impose a priority assignment to these different projects and limit the spending to a reasonable level, It would be tough but sooner or later the Council will have to adopt that. -5- , 7-7-81 ANNEXATION REQUEST AD HOC COMMITTEE FORMED 25:0329 Councilman Saelid suggested that zero base budgeting be researched. Every- thing is prioritized with this method. This was not done this year but Council may want to consider this next year because if it isn't done and it is decided to cut back you turn the policy decisions over to staff rather than leaving them with Council where it logically should be to make policy decisions as to what area to make the cutbacks. It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the plans and specificiations be approved and the City Clerk be authorized to advertise for bids for this project. AYES NOES ABSENT: Councilmen Haltom, Pellegrino, Saelid, Gilb Councilman Dring None I Council received an extensive report from staff concerning the request for annexation of some of the residents in the area bounded on the north and east by Arcadia City limits, on the south by Lemon Avenue and on the west by Temple City Boulevard, Comments were received from the Planning Department, Fire Department, Police Department, Water and Department of Public Works. Each of these reports were read in full. (On file in the Office of the City Clerk). (A COMPLETE TRANSCRIPT HAS BEEN PREPARED ON THIS MATTER). In summary: It was staff's opinion that annexation, of this area would not be of benefit to the citizens of Arcadia and that the ongoing costs and expenses incurred to the City would outweigh, at this time, any bene- fits which might be derived from the area. It was noted in the report that if the City Council desires to consent to the annexation it was recommended that 1) the annexation be initiated by the residents in the area, 2) that prior to completion of the annexa- tion proceedings that an assessment district be formed to cover the costs of sidewalk repair. street repair, construction of curbs and gutters and installation of the necessary water lines and fire hydrants to furnish the required fire protection and 3) that the residents of the area pay,up front, for the cost of hiring a consultant to form the assessment district. It was also noted that the area is in the Temple City School District, which would not change even if the area were annexed. During the Council discussion Mayor Gilb suggested creating an ad hoc Committee of perhaps six from the City and six from those in the area requesting to be annexed. He felt in this way all pertinent information could be disseminated to the residents. Ed Jenkins, 9714 Callita Street, spoke at length on the desires of the residents to be annexed to Arcadia and as to the remark by Mr. Nayhaus about leaving his area out of the original boundary.. this was done by the Local Agnecy Formation Commission, The residents in the area want to become part of Arcadia and will vigorously help to change whatever deficiencies there are .. that they intend to pursue the water situation with the East Pasadena Water Company. Mr. Jenkins favored conducting a Town Hall meeting for the area residents. I It was the consensus of the City Council that it would support an ad hoc committeee, however, Councilman Saelid said in part that he would have no objection to the committee but he did not want to mislead anyone into thinking he would support the annnexation ,.. that as the annexation area appears now it is going to be a costly matter for the City and he could not support it. Councilman Haltom commented in part that he was having second thoughts ,. how much of a burden it would place on the residents of Arcadia .. whom the Council represents ., this should be the prime concern. -6- 7-7-81 I RESOLUTION NO. 4978 ADOPTED CLAIM APPROVED (Lapatka) CLOSED SESSION I PLANNING COMMISSION (Jahnke) ADJOURNMENT 25:0330 Mayor Gilb then appointed an ad hoc committeee consisting of Councilman~ Haltom as Chairman, Councilman Pellegrino, Fire Chief Gardner, Planning Director Woolard, Water Manager Robert Berlein and Acting City Manager George Watts. Mr. Jenkins was asked to appoint his six and submit their names as soon as possible so there may be an exchange of ideas to see how it would affect the citizens of Arcadia. The Councilmen concurred in this. Councilman Haltom was authorized to call upon staff at any time for any information required. The City Attorney presented, explained the content and read the title of Resolution No, 4978, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING COMPENSATION FOR THE POSITIONS OF POLICE SERGEANT, POLICE AGENT, POLICE OFFICER AND POLICE CLERK FOR THE FISCAL YEARS 1981-82 AND 1982-83." ' It was MOVED by Councilman Pellegrino, seconded by Councilman Haltom and carried on roll call vote as follows that the further reading of the full text of Resolution No, 4978 be waived. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None It was further MOVED by Councilman Saelid, seconded by Councilman Dring and carri~d on roll call vote as follows that Resolution No, 4978 be and is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Upon recommendation of the City Attorney and the Chief claim of Lawrence T, LaPatka in the amount of $358.28. by Councilman Dring, seconded by Councilman Haltom and call vote as follows that the claim be APPROVED. of Police the It was MOVED carried on roll AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Followin2 the closeci session Council reconuened Ann consirlered the following: It was MOVED by Councilman Haltom, seconded by Councilman Dring that Charles Chivetta be appointed to the Planning Commission for a four year term, Roll call vote was then taken: AYES NOES ABSENT: Councilmen Dring, Haltom Councilmen Pellegrino, SaeU,d, Gilb None It was then MOVED by Councilman Saelid, seconded by Councilman Pelle- grino that Fred R, Jahnke be appointed to the Planning Commission for a four year term, Roll call vote was then taken: AYES NOES ABSENT: Councilmen Pellegrino, Saelid, Gilb Councilmen Dring, Haltom None " "", ,,', ,', ..",", ,oj'''''''' " .", "., '"" '~ /J~7a "^- ~Clerk -7- 7-7-81