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HomeMy WebLinkAboutJANUARY 6,1987_2 :1 1 II 29:0088 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL ORD. & RES. READ BY TITLE ONLY RECREATION I COMMISSION (Don Wells) OUTGOING RECREATION j COMMISSION (John Sinclair) INCOMING CLOSED SESSION '"", MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 6, 19B7 The City Council of the City of Arc~dia and the Arcadia Redevelop- ment Agency met in a regular session January 6, 1987 at 7:30 p. m. in the Arcadia City Hall Council Chamber. Rev. Dr. Frank Finkbiner, Church of The Good Shepherd City Manager George Watts PRESENT: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young ABSENT: None Minutes of December 16, 1986 meeting not on agenda. It was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb and CARRIED that all ordinances and resolutions be read by title only and that the reading in full be waived. PRESENTATION On behalf of the City Council, Councilmember Gilb presented to Don Wells, outgoing member of the Recreation Commission, a plaque in appreciation of his efforts and many accomplishments during his tenure on the Recreation Commission. Mr. Wells has found it necessary to resign from the Commission. The City Clerk administered the Oath of Office to John Sinclair, incoming member of the Recreation Commission. Councilmember Gilb then presented credentials to Mr. Sinclair and welcomed him to the City Family. Mr. Sinclair is the Assistant Superintendent of Schools of Arcadia. This appointment is a continuous one. C!TY A HORNEY The City Attorney announced that prior to this meeting, the City Council met in a CLOSED SESSION pursuant to Government Code 54956.9(a) to confer with legal counsel regarding the existing personal injury case of Lee Charles vs. City of Arcadia and the County of Los Angeles. 1/6/87 -1-- 29:0089 1. PUBLIC M-86-170. an appeal of the Plannin9 Commission's action in denying HEARING an appeal and affirming the Santa Anita Oaks Architectural' Review APPEAL OF Board's denial of a proposed second-story addition. which involves PLANNING COMSN.an overall remodel of the existing residence at 1328 Oaklawn Road M-86.170 (Mr. and Mrs. Nabil Matter. owners). (1328 Oakl awn Road - Mr.& Mrs. Nabil Matter) (DENIED) ~; ) , ): ~: OPPOSITION Staff advised that the applicants propose to construct a 3,210 square foot two-story addition and remodel the existing residence. This does not require any modifications. The proposed building setbacks (except the exi sti ng 8'.6" northerly setback), building height and lot coverage meet or exceed the standards set forth by the zoning ordinances. It was the consensus of the Planning commissioners voting in opposition to this proposal and the proposed addition/remodel that, it would not be in harmony with the adjacent and other structures in the immediate neighborhood. The dissenting Commissioner felt that the proposed addition/remodel is different when compared to the other homes in the neighborhood but not to such an extent that it would decrease the property'values, He also believed that the size and proportion of the proposed addition/remodel were not adequate reasons to deny the request. I. Mayor Young declared the hearing open, and the applicant Nabil Matter, 1328 Oaklawn Road. explained the position of his wife andlnfrDself -- they have lived in the City for some time and have had what they call their dream house drawn up by an architect for a new home because the existing house is not in good condition. Perhaps if this one were compared with the rest of the neighborhood. it might be a cause to decrease values in the area, but the proposed home would only improve the neighborhood. Mr. Matter circulated photographs and a large photo in color was exhibited for Council vieWing. The front setback is.the same, 63 feet from the curb. He also brought attention to the , large trees in front of the house and mentioned extensive landscaping which is proposed. which will all soften'the looks of the house in' comparison to the neighborhood ... there will be a circular driveway. He did not see any real incompatibility... that things do change and many of the older homes will some day be remodeled also. He asked Council to favorably consider his appeal. Pete Volbeda, 199 Monte Vista, San Dimas. architect for Mr. Matter, explained at length the architectural design of the house and his interpretation of the guidelines which were considered at the Planning Commission meeting. He felt there are sufficient different styles in the neighborhood that this one will not stand out. He noted that the fact that it is referred to as a Tudor house seems to be one of the reasons for opposing. The property itself is 186 feet deep and. as stated previously, the setback is 63 feet from the curbline ... about 45% of the existing house will remain. In response to a question as to what constitutes a Tudor house. Mr. Volbeda stated, in part. that it is a combination of the turrets, the style, the windows. the pitch of the roof. for instance. I Fred Jahnke, 11. Hacienda Drive, Chairman for the Architectural Review Board of the Santa Anita Oaks Homeowners' Association, spoke at length presenting the Review Board's procedure. Mr. Jahnke stated, in part, that he was misquoted in the transcript of the meeting before the Planning Commission'. He said the Board, considered the neighborhood with some considerations being given to the basic form of structures on the street near San Carlos. It did not consider San Carlos as the prime street under consideration or the prime portion of the neighbor- hood. 1/6/87 -2- 29:0090 I Signatures on a petition were referenced and he submitted, in part, that the proposed home is really not compatible with existing homes in the neighborhood. He felt the materials are not compatible especially the copper roof which the Board felt would not be appropriate for the neighborhood. He noted the heavy use of turrets. The Board just feels the design does not fit the neighborhood ... they do have -, Tudor homes on the street ... they were only asking that the house be set back instead of having everything directly up front. A redesign would benefit the area. The Board does not mind the two story home ... they have approved other two story homes. They are not turning down on the Tudar style ... any particular style of architecture .., they are asking for increased individual initiative in design which would bring this project into a better position of harmony, compatibility and proportion so as to fit in with the rest of the neighborhood. Mr, Jahnke also stated that the Board reviews the immediate neighbor- hood, not the entire Oaks area. (When Mayor Young was called from the Chamber, Mayor Pro Tempore Gilb .chaired the proceedings.) Gino Roncelli, 1250 Ramona Road, Past President of the Santa Anita oaKS Homeowners' Association, and a member of the Architectural Review Board, stated, in part, that most of those in the area moved there because of the large beautiful lots ... the trees and the privacy they have between the homes .., but to have a house 30 feet high 10 feet from your yard, in his opinion, would be an intrusion ... the proposed house is out of proportion for the neighborhood. Oavid Sullivan, 1320 Oaklawn Road, agreed with the decision of the ~tectural Review Board and submitted that he believes that those in opposition do not feel the home would be offensive or would be an ugly structure ... he has no objection to any particular style, but the problem with this house is the size of the lot on which this large structure is to be placed, He had a letter in support of the Review Board's action from the owner of 1400 Oaklawn Road. He felt this conflict is unfortunate. Gerard Conijn, 1331 Oaklawn Road said, in part, there are nine home- owners represented at this meeting ... they have no problem with the design itself ... the massive structure just would not fit the neighbor- hood. He made reference to Resolution 5290 -- regulations applicable to real property in the subject area and asked Council to consider these. 1 William Reeder, 1444 Oaklawn Road, submitted that he was one of the flrst to purchase land on Oaklawn Road, and built his home in 1953 and that although there were no legal aspects then, the homes were all one story homes and they bought on that basis. Mr. Reeder supported the decision of the Architectural Review Board. Richard Parker, 315 Arbolada, President of the Santa Anita Oaks Homeowners' Association, spoke in opposition to the proposed construction ... he has no objection to the design but where the home is to be placed ... there would be no problem if it were to be built adjacent to where he lives on Arbolada on lots that are 120' x 280' with a 90 foot setback .,. the house appears to be massive and out of place. He supported the Review Board in its decision. V~~ -3- 29:0091 Mr. Matter spoke in rebuttal... the cost to them will be about $foo,ooo and in reply to how large it is, he said th~t is one of the main reasons they would have such heavy landscaplng ... at one time they did talk about moving the house back on the lot ... he felt it is a personal matter of taste ... and freedom ... they would not be infringing on anyone's property... they are not trying to do anything improper or should not do. The hearing was CLOSED on MOTION by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED. 1 Councilmember Harbicht stated, in part, that in this case there is the question of property rights and personal freedom ... with which he is a strong believer ... that a person should be able to do what he desires with his property, but there is also the matter of property rights of the people around him. The Architectural Review Board in this area and other areas have refined the zoning process. This kind of issue is the worst kind of decision Council has to make because it is based on aesthetic and subjective judgment. However, one of the questions Council has to address is "does this meet one of the specifications of the Review Board ... that being the application for a structure that is out of proportion to adjacent and other structures in the neighborhood". He referred to the statements:which have been made and the letters which have been received .,. all feel the proposed home will not be in harmony and will be out of proportion with the neighborhood. He did not think those in opposition hove any ulterior motive .,. just that they sincerely feel it is inconsistent with what is currently there. That has been persuasive and he would deny the ap~eal, thereby upholding the action of the Architctural Reyiew Board and the Planning Commission. Councilmember Chandler then stated, in part, that he holds the same viewpoint as Councilmember Harbicht, however, after being present at the Planning Commission hearings,there is no question in his mind but that this would be a quality home and quality design ... with which he felt those in opposition would agree. It is inevitable that on Oaklawn Road as well as the remainder of the Oaks, and all of Arcadia for that matter, the land is so valuable that it cannot be overbuilt. In the subject instance, the homes range in age from 25 to 40 years ... these homes will undoubtedly eventually be purchased and improved. Initially, he thought the architect's plans were bleak and stark. In visiting the property, he noticed the Sycamore trees on each side which the rendering being reviewed by Council brings out in proposed landscaping. He felt the Planning Commission did not have this rendering to review. In considering the setback, he felt 63 feet is quite a distance from the curb ... there are some which have a 50 foot setback. He concluded that he would take an opposing position to Councilmember Harbicht. Councilmember Gilb said, in part, that he thinks any land may be over- built In his review of the two story design, he wondered why the Architectural Review Board ever approved a specific two story house on his street, Singingwood Drive. He has visited the subject site and felt the proposed design does not fit the neighborhood. He expressed understanding and appreciated the efforts of the applicant, but he believed the other residents in the area have some rights to want something compatible. He would support the Architectural Review Board. 1 1/6/87 -4- 29:0092 -I Councilmember Lojeski said, in part, that to him the issue is not the style or the use of materials and not the height of the proposed home. He felt it is the straightness and the starkness of the front of the house ... no breakup ... that perhaps a return to the drawing board would not be an unreasonable request ... perhaps the monotony of the straight front coul~ be broken. It appears to be a, very lovely home except for the straight view from the street. He recalled that when he built his home, he did some things architEct~rally to try to break,up the monotony of the straight lines; He was not opposed to the materials which are to be used or the particular style ... but agreed with the Planning Commission and the Architectural Review Board and the neighbors that the front line of the house needs to be softened. MOTI ON TO DENY THE APPEAL Mayor Young said, in part, that consideration must be given to values of living in Arcadia, particularly those areas that have Homeowners' Associations ... these were created when deed restrictions were coming to an end .,. they have upheld the quality of the City in those five areas. Perhaps other areas could form such associations if the residents got together. The Architectural Review Boards are essential in maintaining the areas and she would have to uphold the findings of this Board for various reasons... a two story house is very,acceptable. She noted certain guidelines of the Board relate to the structure being harmonious with the surrounding proprties. She expressed sympathy for the Matter family... "a home is a man's 'castle" ... but sympathized with the neighbors also. She agreed with Councilmember Lojeski in suggesting that the architect make some changes which will make the house acceptable and still not rel inquish size... it could be an addition to the neighborhood in an acceptable manner which would make all the neighbors happy. It was then MOVED by Councilmember Harbicht, seconded by Councilmember Lojeski and CARRIED on roll call vo~e as follows that the Appeal be DENIED; that the decision of the Planning Commission be AFFIRMED and that staff be directed to prepare the appropriate resolution reflect- ing Council's decision and action. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht, Lojeski and Young Councilmember Chandler None 1 1/6/87 -5- 2. 3. 3a. ROLL CALL 3b. MINUTE APPROVAL 3c. PROPERTY ACQUISITION ) \ , ' v \)[' >> ) '\ ,\ ? ~ CLOSED SESSION ARA 4. 5. 29:0093 THE CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Chandler, Gilb, Harbicht, Lojeski and Young ABSENT: None Minutes of December 16, 1986 meeting not on agenda. The Assistant City Manager for Economic Development advised that the Agency had reached an agreement with Mr. and Mrs. Robert Kleckner, owners of the land and business at 218-222 E. Huntington Drive (Bob's Beef Burgers) for acquisition of said land, improvements and any and all other claims for, including and not limited to acquisition of furniture, fixtures and equipment inventory, lease- hold interests, goodwill, relocation, etc., for a total of $497,500, $400,000 of which is allocated to land. Staff recommended the approval of this agreement. It was MOVED by Member Lojeski. seconded by Member Chandler and CARRIED on roll call vote as follows that the Agency approve the purchase of the above land and business as stated and that the Executive Director be AUTHORIZED to execute all documents related thereto. I AYES: NOES: ABSENT: , Members Chandler, Gilb, Harbicht, Lojeski and Young None None The City Attorney stated that, due to recent changes in the Brown Act, direction can be given to staff and the agreement with Mr. and Mrs. Kleckner shall be placed on the next agenda for touncil action. The Agency adjourned to a CLOSED SESSION at the end of the regular meeting this date. The City Attorney advised that the Agency will be discussing instructions to the negotiators for properties known as Andy's and the Derby Restaurant. CITY COUNCIL RECONVENED AUDIENCE PARTICIPATION Dale Spickler, 414 E. 'Duarte Road, spoke concerning the service he has been receiving from Best Disposal, primarily in his effort to have his Christmas tree picked up. It was noted by staff that Bob Cheney of Best Disposal will be notifying all his customers about the service I changes and new rates. Mayor Young asked that staff ascertain just when thjs.wi11 come about. Staff explained details of the contract and new pol1cles. Ron Mullen, 301 W. Norman Avenue, referred to problems he is encounter- ing with a neighbor who has horses on the premises on a daily basis, un- loading and loading them in the street .,'. he has met with the City Attorney and the owner, but the problem still exists. The City Attorney explained the legal procedure and the status of the situation at the present time. Appreciation was expressed to Mr. Mullen for bringing this to Council's attention. 1/6/87 -6--- fJ: I r- I 6. )' , ' 6a. TRACT MAP 44801 Final Map (313-315 Genoa Street) 6b. CONSULTANT Commerc1 a 1 Rehabilitation Program (Willdan Associates) 6c. WORK . .{ O(J:ACCEPTANCE r (Job No. 620) I 6d. VEH rCLE TOWING SERVICE AGREEMENT (G & S Towing) fJo11 7. 7a. ORDINANCE NO. 1849 (INTRODUCED) v 8. MUSEUM CHAMBER USE DENIED v \ " f 29:0094 CONSENT ITEMS APPROVED the Final Map No. 44801 for a proposed 6-unit residential condominium project at 313-315 Genoa Street, filed December 17, 1986 by Engles Shen and Associates on behalf of King Tai Investment Co., a California Limited Partnership (James J. C. Shieh and Sen-Hsiang Hsu, general partners and owners of the subject site). APPROVED Wil1dan Associates as Consultant for the Commercial Rehabilita- tion Program. Two proposals were received: one from Wi11dan Associates and the other from Mark Briggs & Associates. Staff was AUTHORIZED to prepare the necessary contract and the Mayor was AUTHORIZED to sign said contract. Promotion costs will vary depending on how many meetings, but should not exceed $8,000 with projects costs $1;380 per applicant. ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract for work performed by United Pacific Corporation for the trimming and topping of 358 parkway trees. The final contract amount of $53,950 was funded in the 1986-87 Public Works Department operating budget. ' ;. APPROVED Official Police Garage Storage and Tow Service Agreement with G & S Towing. The Mayor and the City Clerk were AUTHORIZED to execute the Agreement in form approved by the City Attorney. The new agreement is for a five year term. ALu OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER HARBICHT, SECONDED BY COUNCILMEMBER LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Counci1members Chandler, Gi1b, Harbicht, Lojeski and Young None None CITY ATTORNEY The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1849, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE UNIFORM BUILDING CODE AND ADDING A PART 6 TO CHAPTER 7 OF ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE REGARDING SECURITY BARS, METAL GRATES AND SIMILAR SECURITY DEVICES IN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES". It was MOVED by Counci1member Harbicht, seconded by Counci1member Gi1b and CARRIED on roll call vote as follows that Ordinance No. 1849 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Counci1members Chandler, Gi1b, Harbicht, Lojeski and Young None None MATTERS FROM STAFF The City Manager advised that Herb Goddard had advised on the status of the museum building. It is expected to open in June. Council considered the request of Dennis Alfieri for permission to use the Council Chamber for a community meeting to discuss plans for a tennis club proposed to be located on a portion of the Santa Anita Debris Disposal Basin in North A~cadia. 'It wa~ the fonsenius'of the Council that the facility isn't large enough to accommodate such a large community meeting and the request was denied. 1/6/87 -7- 29:0095 9. LOJESKI ~,TTERS FROM ELECTED OFFICIALS In response to his question, staff advised that persons should be able to move into a home after the final signoff. LOJESKI Proposed having a meeting with Recreation Director, City Manager and a School Official to consider the need for and service provided by the Youth Commission. Counci1member Lojeski is Council Liaison to this Commission and felt such a meeting would be productive for both the Commission and the City. Current activities and perhaps the introduction of new ones could be explored. Advised that she had received a card from a gentleman from Tripo1is, Greece (Sister City) who had visited the City last year. Apparently things are changing there and it is becoming a very close democratic type of. government Referred to a newspaper article she had seen indicating the intention of the School ~istrict to rent Foothills Junior High School for church services at nominal fees and asked if staff could submit any input on this. The City Manager said, in part, that he had contacted the Superintendent of Schools on this and was informed that the School had contacted the County Counsel who had advised that it was not unusual for schools ... that many communities do this. The City Attorney will contact the County Counsel for more information. Mayor Young and Council expressed concern about the parking situation in the area. I YOUNG YOUNG YOUNG Mayor Young said he had received a letter from the County Public Works Department regarding the flight patterns of the E1 Monte Airport. T~is was available for Council. She also had received a communication from the Los Angeles County Animal Control in response to one which she had written. The Animal Control people expressed appreciation for the City's response and hoped the matter will be considered again at contract renewal time. CLOSED SESS ION & ADJOURNMENT (Jan.20,1987) Council entered a CLOSED SESSION at 9:45 p. m., reconvened and adjourned at 10:00 p. m. to 7:00 p. m., January 20, 1987 in the Conference Room to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. . -,.... . ... ,. ...,,-..~.', -.. . ,..';..... - "'"~ , ... .~ . . ..... .._.....:..'~.~~.::::~..~.:.... _: .,.h." , :~t{-i.:.~~~.. ~ :~:.~~:{:;:.~: - . - , Yn ;g.7t~~" ".. tJA. j .... "j., Mary B. yifi:.g, Ma r ...,.r I ... ':(f:~~'. ~~. - ..' '.~ ATTEST: 1/6/87 -8.-