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HomeMy WebLinkAboutJULY 21,1981 (3) I I CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK R~LC~L INVOCATION PLEDGE OF ALLEGIANCE MINUTE ~PWV~ PRESENTATION (Brink) OATH OF OFFICE HEARING DENIED (Lobby) '..', 25:0331 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 21, 1981 ! ' ,. The City Council of the City of Arcadia and the Redeve10pment Agency met in a regular session July 21, 1981 at 7:30 p.m.' in the City Hall Council Chamber. PRESENT: ABSENT : Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None Rev. Gladys Johnson, Victory Chapel f # Councilman Donald D. Pellegrino On MOTION by Councilman Saelid, seconded by Councilman Pellegrino and carried unanimously the minutes of the adjourned regular meeting of June 25, the adjourned and regular meetings of July 7, 1981 were ~PROVED. On behalf of the City Council Mayor Gilb presented Mrs. Carolyn Brink, retiring Planning Commissioner, with a plaque in appreciation of her efforts and accomplishments during her tenure on the commission. The City Clerk administered the Oath of Office" to Dr. Paul G. Johenk, Library Board of Trustees, and to Fred R. Jahnke, ,Planning Commission. Mayor Gilb welcomed each and presented credentials. Appeal from Isabel V. Lobby to the decision of the Planning Commission in its denial of her application for a modification requesting that an existing patio structure be permitted to remain at 524 Columbia Road. "The Santa Anita Village Community Association Architectural Review I , Board had previously denied the request. The Commission upheld the decision of the Review Board by determining that the existing patio structure would not secure an appropriate improvement. Staff advised that the structure is located along the northerly side of the residence. It complies with the setback requirements and is not visible from adja- cent streets. Council reviewed the plans, the letter of appeal and the staff report. Mayor Gilb declared the hearing open and the applicant, Isabel Lobby, 524 Columbia Road, said in part that she did not know the contractor had not obtained a permit prior to the start of construction, although the contract stated that a permit will be obtained. She also said she was not aware of the existence of the Homeowners' Association nor the pro- vision that the Architectural Review Board of said Association must re- view her plans. Pamela Bisson, of the contracting firm of Penn Standard Corporation, said in part that her firm was retained to construct the patio and acknowledged that they had been in error in not obtaining a permit, how- ever, the patio had been built in compliance with the code ... that the design was the choice of Mrs. Lobby.. that the firm did not know of the requirement that it be presented to the Association first. When asked what they would do if the appeal were denied she said in part that they would have to do whatever the laws state and they would abide by what their clients want to do. -1- 7-21-81 HEARING Industrial Zoning Continued (Aug 18) PARKING PLACE COMMISSION 25:0332 Dudley Oshner, 901 Balboa Drive, Santa Anita Village Homeowners' Asso- ciation, said in part that a metal enclosed structure had never been allowed as a room addition and referred to Resolution 4019 which requires construction material to be compatible with the building, as well as from an architectural standpoint. James T. Rostrom, 422 Monte Vista Road, Chairman of the Architectural Review Board of the Rancho Santa Anita Homeowners' Association, said in part that the standards in his area are compatible with those in the Village ... they have taken the position that aluminum structures are not harmonious with existing construction and on those grounds they have disapproved many applications for metal type room additions. They have also opposed patio roofs of metal although some have gone in without having been submitted to the Board for review lor the benefit of a permit. Discussion held on the best method to notify new homeowners about the I requirement to submit to the Association any applications for remode}ing, etc. Mrs. Bisson said in part that the patio is 60% open and screened.. it is not a room addition. -,' No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried. It was MOVED by Councilman Saelid to sustain the action of the Planning Commission and to deny the appeal. Councilman Haltom seconded the mo- tion which was carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None I Planning Commission Resolution 1166 recommend~ng denial of text amend- ment allowing office uses ~n an M-l Zone with an approved conditional use permit. Staff advised that pursuant to the Council's directive the Planning Department initiated this text amendment. M-l industrial zone currectly allows offices for architects and engineers only. Staff sub- mitted reasons for the Commission's denial, 1) the text amendment was in effectctanging the industrial zones to commercial, 2) the condition- al permit process only allows negotiation as to conditions under which a type of commercial use is allowed, 3) the text amendment would open the way to spot zoning and 4) the existing mixing of uses was not good planning. One of the Commissioners however felt that the M-l is the least desirable zoning in the City and thought that allowing office uses in that zone would upgrade the zone. The Planning Department felt the zone would allow the greatest flexibility in the type of office uses that would be permitted in that zone. Mayor Gilb declared the hearing open and Herb Fletcher, 175 W. Lemon Avenue, felt a person should be allowed to use his property to his best advantage as long as it didn't bother anyone .. he did not see where hav- ing an office building in an M-l zone would be detrimental to any of the other property owners ... a little more flexibility is needed. I No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Dring, seconded by Councilman Saelid and carried. Discussion ensued with many concerns submitted and it was the consensus of Council that this matter be continued; that during the interim Coun- cil meet with the Commission. Whereupon it was MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried that the ,hearing be and it is hereby REOPENED and continued to August 18 .. that a meeting be held with the Commission to discuss the matter on August 11 at 6:30 p.m. Staff presented a report on the recommendation of the Parking Place Commission concerning enforcement of parking limitations in District Nos. :, and 2. Discussion ensued with Councilman Haltom stating in part that he would like to see additional parking spaces for handicapped and -2- 7-21-81 " I I YOUTH COMMISSION ROLL CALL HOMETELS AGREEMENT ADJOURNMENT HEARINGS SCHEDULED AUGUST 4 25:0333 noted that out of 256 spaces there are only 2 for handicapped. Mayor Gilb said in part that the Commission gave this much study and he did not see where it could be modified without sending it back to the Com- mission, It was then MOVED by Councilman Saelid. seconded by Councilman Pelle- grino snd carried on roll call vote as follows that in Parking District No, 1 there be no limitations in either the westerly or easterly lots (95 stalls) and in Parking District No. 2 there be 49 stalls designated for 30 minute parking. two stalls designated for handicapped parking and 205 unmarked stalls as indicated on an attached map (#3); that the appro- priate resolution be prepared for Council consideration at its next reg- ular meeting, AYES NOES ABSENT: Councilmen Dring, Pellegrino, Saelid, Gilb Councilman Haltom None Recommendation of the Youth Commission that the By-Laws be changed to delete Article I, Section III, Part 2, This provides that a member of the Commission be from Maranatha High School. Maranatha has moved its achool out of the City, It was sO MOVED by Councilman Dring. aeconded by Councilman Saelid and carried on roll call vote as follows that same be deleted, AYES NOES ABSENT: Councilmen Dring. Haltom. Pellegrino. Saelid. Gilb None None Council receaaed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Membera Dring, Haltom. Pellegrino, Saelid. Gilb None Staff noted that the Diaposition and Development Agreement with Home- tels Development Corporation providea that it has a right to assign its intereat and obligations in the Agreement to a Partnerahip for the purposes of acquiring and developing the aite. The assignment is re- stricted to a partnerahip wherein Hometela and its principals remain aa general partnera and that the aasignment is subject to the conaent of the Agency, Staff and the General Counsel have reviewed the assign- ment agreement and recommend its approval. It was MOVED by Councilman Dring. seconded by Councilman Pelle~rino and carried on roll call vote as follows thst the Agency consent to said agreement. AYES NOES ABSENT: Members Dring. Haltom, Pellegrino, Saelid. Gilb None None The Agency adjourned to 7 p.m. July 28, 1981 CONSENT ITEMS SCHEDULED hearings for August 4 on the following two items: Planning Commission Res. 1168 recommendin2 a text amendment adding regulations for temporary banners to the Commercial and Industrial zones, and Tentative map of Tract No, 42497 for a proposed 14 unit condominium at 750 Fairview Avenue. -3- 7-21-81 CONDITIONAL USE PERMIT DEDICATION WORK COMPLETION TRAFFIC SIGNALS ADVERTISE FOR BIDS ORDINANCE NO. 1727 EMERGENCY ADOPTED REQUEST FOR STREET NAME CHANGE (DELAYED) ORDINANCE NO. 1728 INTRODUCED 25:0334 APPROVED a conditional use permit to expand an existing bank building with a drive-up window at 125 N. First Avenue. ACCEPTED for dedication a 15 foot radius corner cutoff at the southwest corner of Santa Clara and First Avenue for street and highway purposes relating to final parcel map 79-3. ACCEPTED work performed by Fricke Construction in the installation of the 12" waterline crossing at Huntington Drive and Michillinda Avenue. Final payment authorized pursuant to the terms of ,the contract. APPROVED traffic signal improvement at Michillinda and Sunset (Califor- nia) at no cost to the City. Resolution No. 4979 adopted later in this meeting granting jurisdiction to the Los Angeles County Road Commission- er in order that they may pro~eed with the work. I APPROVED the plans and specifications: for the 1980-81 annual street maintenance program (Slurry Seal) Job'No. 506 and authorized the City Clerk to advertise for bids. This project to be financed from State Gas Tax Funds. 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 Members of the City Council read Ordinance No. 1727 in full. Said Ordinance entitled: "AN URGENCY ORDINANCE OF THE CITY OF ARCADIA, AMENDING SECTIONS 4113.9, 4113.11, 4124.2.2 and 4125.2.5 OF THE AR- CADIA MUNICIPAL CODE TO INCREASE DOG LICENSE, SPAYING, NEUTERING, AND DISTEMPER VACCINATION FEES AS REQUESTED BY THE COUNTY OF LOS ANGELES DIRECTOR OF ANIMAL CARE AND CONTROL." It was MOVED by Councilman Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that Ordinance No. 1727 be and is hereby ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None Council received a petition for a street name change (Temple City Boulevard to Sunset Boulevard). It was noted in the staff report that the area immediately adjacent to the existing City boundary is present- ly under consideration for annexation and should that occur the annexed Arcadia residents would have Temple City addresses and the confusion would be compounded. During this consideration Patrick Conroy, 1218 Temple City Boulevard, expressed his interest in having the name changed. It was MOVED by Councilman Pellegrino, seconded by Councilman Haltom and carried on roll call vote as follows that this matter be postponed and automatically placed back on the agenda at the appropriate time. I AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1728 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.8 OF THE ARCADIA MUNICIPAL CODE TO REZONE THE AREA BOUNDED BY THE 210 FREEWAY ON THE NORTH, FIFTH, - ~ I.,. .... AVENUE ON THE EAST, 'I1HEoAT&SF RAILROAD ON'THE SOUTH AND SECOND AVENUE ON THE WEST FROM M-l, C-2, and C-2D to CPD-l AND ADDING AN "H" (HIGH RISE) OVERLAY TO THE NORTH-EAST CORNER OF HUNTINGTON DRIVE AND SECOND AVENUE." \ .... 0 :. -4- 7-21-81 I I ,,' ::.. J RESOLUTION NO. 4979 ADOPTED / RESOLUTION NO. 4980 ADOPTED / RESOLUTION NO. 4981 ADOPTED 1/ II ( 1'/ 0 t ,/--,.- 25:0335 It was MOVED by Councilman Saelid, seconded by Councilman Pellegrino and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1728 be WAIVED, AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None It was further MOVED by Councilman Saelid, seconded by Councilman Haltom and carried on roll call vote as follows that Ordinance No, 1728 be and is hereby INTRODUCED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented, explained the content and read the title of Resolution No. 4979, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF THE POR- TION OF THE CALIFORNIA STREET AND MICHILLINDA AVENUE INTERSECTION WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGEL- ES." 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, 4979 be waived and,ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented, explained the content and read the title of Resolution No, 4980, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING FINDINGS OF FACT AND SUMMARILY VACATING RIDING AND HIKING TRAIL EASEMENTS AT 1303 AND 1415 LINDA WAY AND MAKING ENVIRONMENTAL FINDINGS." 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, 4980 be waived and ADOPTED, AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None The City Attorney presented, explained the content and read the title of Resolution No, 4981, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING REVIEW AND CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EAST HUNTINGTON DRIVE REDEVELOPMENT AREA, AND MAKING FINDINGS OF OVERRIDING CONSIDERATIONS RE- LATING TO MITIGATION MEASURES AND PROJECT ALTERNATIVES FOR ZONE CHANGE Z-8l-2 (ORDINANCE NO, 1728)". It was MOVED by Councilman Pellegrino, seconded by Councilman Saelid and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4981 be WAIVED, AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Sselid, Gilb None None It was further MOVED by Councilman Saelid, seconded by Councilman Pelle- grino that Resolution No, 4981 be and is hereby ADOPTED. AYES NOES ABSENT: Councilmen Pellegrino, Saelid, Gilb Councilmen Dring, Haltom None -5- 7-21-81 BUILDING FEES SEWER SERVICE CHARGE RACE TRACK TRAFFIC CONTROL CITY MANAGER APPOINTED ADJOURNMENT 25:0336 Discussion ensued on raising the building permit fees on new construction for which staff had prepared a report pursuant to Council suggestion. Staff advised that this would probably only raise about $15,000 whereas the sewer service charge brings in considerably more than that. It was determined at rhat time to await the final adoption of the budget for this fiscal year. In response to a question the City Attorney said in part that if the increase in the building fees can be justified the Coun- cil would not then be raising taxes. It \<as the consensus of Council to proceed and it was MOVED by Councilman Dring, seconded by Councilman Hal- tom and carried on roll call vote that staff prepare the appropriate reso- lution for Council consideration. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None I Councilman Dring then MOVED to direct the City Atrorney to prepare an ordinance to eliminate the sewer service charge. Motion seconded by Councilman Haltom. Considerable discussion ensued with Councilman Sae- lid stating in part that he would also like to eliminate taxes but reve- nues do not exceed expenditures and suggested that staff be asked to make some long range projections as to future City expenses ... that Council establish a policy so staff can come up with a budget which would reflect the thinking of Council... he could not come to the conclusion that the sewer service charge is not needed as long as revenues are not exceeding expenditures. Councilman Dring felt this is not the time to do such planning since an election will be held next year for three members of the Council... the philosophy might change drastically... he did think that Council will have to come up with some creative financing ... for long range pro- jection .., that there are alternatives available ... that the subject charge is not needed because the City's income has always exceeded ex- penses. Mayor Gilb cited instances where other Cities have deficit budgets .. they are all endeavoring to figure out how to raise revenue .. most felt constitutional amendment should be made whereby a taxing measure would only require a majority vote not the present two-thirds. Councilman Haltom brought up the traffic control cost for race track traffic .. that police personnel was granted a 9.6% salary increase this year and yet the Council didn't raise the cost of traffic control ...that the City is already operating to a deficit on the labor ... that no one has ever come up with a plan to keep step with inflation. Not to be critical of the race track he felt Council could look in that area. Mayor Gilb called for a vote on the motion. AYES NOES ABSENT: Councilmen Pellegrino, Saelid (For reasons stated), Gilb Councilmen Dring, Haltom None I Council entered a Closed Session with the City Manager, reconvened and took the following action: It was MOVED by Councilmen Pellegrino, seconded by Councilman Haltom and carried on roll call vote as follows that George J. Watts be and he is hereby appointed City Manager. AYES NOES ABSENT: Councilmen Dring, Haltom, Pellegrino, Saelid, Gilb None None At 10:45 p.m. the meeting adjourned to 7 p.m. July Room ... at 7:30 p.m. the meeting will adjourn to for a joint meeting with the School BO~! . , / - !j /(0 28 in the Conference the Council Chamber C~ ~~" City Clerk ~ 7-21-81