HomeMy WebLinkAboutOCTOBER 1,1985_2
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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I NVOCA TI ON
ROLL CALL
MINUTE
APPROVAL
(Sept. 17 ,1985)
(APPROVED)
I)RD. & RES,
READ BY
TITLE ONL Y
AUTO CLUB
I]F AMERICA
CLOSED
SESSION
ANNOUNCE-
MENT
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PUBLIC
HEARING
VARIANCE
(APPROVED)
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M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
OCTOBER 1, 1985
The City Council of the City of Arcadia and the Arcadia Redevelopment
Agency met in a regular session October 1, 1985 at 7:45 p. m. in the
Arcadia City Hall Council Chamber.
Monsignor Charles Donahue, Our Lady of the Angels Catholic Church
PRESENT: Counci1members Gi1b, Hannah, Lojeski, Young and Pellegrino
ABSENT: None
It was MOVED by Councilmember Lojeski, seconded by Counci1member Young
and CARRIED that the Minutes of the Adjourned and Regular Meetings of
September 17, 1985 be APPROVED.
It was MOVED by Councilmember Gi1b, seconded by Counci1member Hannah
and CARRIED that all ordinances and resolutions be read by title only
and that the reading in full be waived.
PRESENTATION
Ms. Jan Rizzo, District Manager of the Automobile Club of America,
presented a plaque to the City of Arcadia denoting Pedestrian Safety
Award for having no pedestrian fatalities during the year. 2600 Cities
and 29 States participated in this study. On behalf of the City Council,
the award was accepted by Mayor Pellegrino with appreciation of the City.
The City Attorney advised that, pursuant to Government Code, Section
54956.8 of the Brown Act, the City Council met in CLOSED SESSION prior
to this meeting for discussion with City negotiators concerning prices
and terms and acquisition matters in the Redevelopment Area.
A variance request from the Building Code Section 3420 was filed by
John R. Afinowicz concerning fencing of his swimming pool at 276 Monte
Place. He has recently relandscaped and redecked his rear yeard area
and the swimming pool has a wrought iron fence enclosing the immediate
pool area on the easterly and southerly sides. The existing fencing
meets the code requirement. Mr.Afinowicz would like to remove this
fencing in order to open up and make more functional use of the patio
area while not enclosing the southerly portion of the property with
any fencing. There is a steep embankment sloping downward at a 55 to
70 degree slope for a distance of about 150 feet ... the front and side
are fenced, but do not meet the requirement for gates. The gates would
be required to have appropriate warning signs.
Mayor Pellegrino declared the hearing open and Tom Lindsey, Architect,
explained in detail what is planned and, in response to questions, saiQ,
in part, that he feels certain that Mr. Afinowicz would be willing to
sign a Hold Harmless Agreement protecting the City in the event of a
lawsuit. Also that from Canyon Road down below the proprty it is almost
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2.
PUBLIC
HEARING
Street
Lights
(APPROVED)
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4.
4a.
ROLL CALL
4b.
MINUTE
APPROVAL
(Sept. 17,19B5)
(APPROVED)
25:1342
inaccessible right to the street .,. at the curbline it is almost vertical.
He said he endeavored to climb to the top and could not make it ... 20
feet was perhaps the most one could get up from any place on the lower
part of the property without sliding back down ... it is that steep.
With regard to the northeast corner of the property... there is about
a 50 foot change of elevation between the northeast corner and the
bottom of the steps ... very rough terrain. As far as fencing the
entire property, Mr. Lindsey said a person could not get up the incline
to construct fencing on certain portions of the property. He referred
to variances which have been granted for this type of situation due to
the topography and that is why Mr. Afinowicz would like to have the
variance ... it would also make for a more functional use of the patio
area which would be between the swimming pool and the main house. I
The hearing was CLOSED on MOTION by Councilmember Young, seconded by
Councilmember Gilb and CARRIED.
It was then MOVED by Councilmember Gilb, seconded by Councilmember
Hannah and CARRIED on roll call vote as follows that the variance be
APPROVED on the condition that all gates which would permit direct
access to the pool area be made self-closing and that the applicant
grant the City a Hold Harmless Agreement in the event of a lawsuit or
litigation against the property owner and/or the City due to the granting
of the variance.
AYES: Councilmembers Gilb, Hannah, Lojeski and Pellegrino
NOES: Councilmember Young (as she felt the property should be fenced
in compliance with Code requirements)
ABSENT: None
A petition for the installation of street lights on Forest Avenue from
Second to Fifth Avenue was received by Council on September 17, 1985.
As required, a public hearing was scheduled for this date. Notices-
concerning this hearing were posted on each property and a copy of the
notice mailed to each property owner. It was noted in the staff report
dated October 1,1985 that this project is categorically exempt from the
requirements of the California Environmental Quality Act.
Mayor Pellegrino declared the hearing open and Walter Baum, 214 E.
Forest Avenue, explained how dark the street is and the need for this
illumination. No one else desiring to be heard, the hearing was CLOSED
on MOTION by Councilmember Lojeski, seconded by Councilmember Young and
CARRIED. It was then MOVED by Counci1member Gilb, seconded by Council-
member Young and CARRIED on roll call vote as follows that the Superin-
tendent of Streets be AUTHORIZED to proceed with the work in accordance
with the provisions of Chapter 27 of the Improvement Act of 1911.
AYES: Councilmembers Gi1b, Hannah, Lojeski, Young and Pellegrino
NOES: None
ABSENT:None
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COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Members Gilb, Hannah, Lojeski, Young and Pellegrino
None
On MOTION by Member Young, seconded by Member Lojeski and CARRIED, the
Minutes of the Regular Meeting of September 17, 1985 were APPROVED.
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4c.
PARTICIPA-
TION IN
SOUTHS JOE
AUNTINGTON DR.
(14 days
granted the
Derby Motel)
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Staff advised that it has received requests from Arcadia Muffler and
the Derby Motel for owner/tenant development and/or participation in
the proposed commercial mixed-use project for the south side of
Huntington Drive. Arcadia Muffler recognizes that it will not fit
into the proposed development and requests that it be located into
another Arcadia site as a renter. The Derby Motel states that it has
not had sufficient time to prepare a statement and therefore is request-
ing an extension of time. However, staff felt that an extension is not
warranted at this time as no statement of interest has been received.
Although this item was not scheduled for a public hearing, the Agency
permitted input as follows: Philip F. Lanzasame, 1010 E. Union Street,
Pasadena, attorney for the owner of the Derby Motel, 326 E. Huntington
Drive, said that his client purchased the property in February of 1984
and was advised that the Agency did not have any immediate plans for
the property at that time or for some years to come. He said that the
communication sent out by the Agency concerning participation in the
proposed project did not reach his client until the deadline for repond-
ing (August 30) had passed. Due to the correspondence being misdirected,
Mr, Lanzasame felt some consideration should be given to an extension
of time when an owner/participation proposal could be submitted to the
Agency.
It was the consensus of the Agency that a reasonable time frame should
be determined. Discussion ensued during which time it was noted by
staff that the owner of the Derby Motel would like to construct a
motel in the project which is not one of the desired uses .., a hotel
is desired of calibre of a Marriott, a Holiday Inn or an Embassy Suite.
The Agency felt that two weeks from this date should be ample; that it
wants some action because, in its endeavor to be fair, the project is
being delayed.
Whereupon it was MOVED by Member Gilb, seconded by Member Young and
CARRIED on roll call vote as follows that the owner of the Derby Motel
be granted 14 days from this date to submit a Statement of Interest in
the proposed commercial mixed-use project for the south side of Huntington
Drive.
AYES:
NOES:
ABSENT:
Members Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
Roger Mabry, Manager of Rentype, Inc., expressed his desire to become
an owner/tenant in the subject development. They did not want to be
tenants. Staff advised that the developer was to work with the ownersl
tenants in the area in an effort to come to an agreement. Mr. Mabry
said the owner of the property would like to participate as an owner
and, in that event, Rentype cannot be a tenant and because of the delay
he may have to take other steps ... he would like clarification.
George Grosso, an associate of the Gribble Company, explained what had
transpired thus far as far as Rentype and the owner of the property is
concerned ... they may be taken in as a partner, giving them an equity
position in a segregated building which would front on Huntington Drive
... however, the pads which interest Rentype and the owner of the
property are locations which are for restaurants, ... the developer
cannot take one of the restaurant pads for a retail type use '" the
economics of the development would change drastically.
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It was the consensus of the Agency that it wants the development to
proceed as rapidly as possible and that it must put its faith and trust
in the developer to work out something ... it doesn't want Rentype to
leave the City, but the Agency is trying to develop the property and if
it isn't economically feasible to do certain things, then all parties
will have to give.
The Agency then adjourned to 7:00 p. m., October 15, 1985.
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6.
COUNCIL RECONVENED
AUDIENCE PARTICIPATION I
Herb Fletcher, 175 W. Lemon Avenue, referred, once again, to the
charge made for Paramedic service (transporting persons to the hospit~:'
and the letter which had been sent to him indicating that the service
should be paid for by the user not the general public. He compared
the service in a way with that provided by Dial-A-Ride which is subsidized
by public funds ... the City is using public funds for public transportv-
tion, but not for a person who is ill and needs transportation for
medical treatment. He felt the program should be reevaluated.
Tom Bowen, 35 E. Arthur, spoke to the proposed ordinance regulating
the number of cars which may be kept on private property/driveway. Mr.
Bowen was advised that Council had concerns and had referred the matte"
back to the Planning Commission and suggested that Mr. Bowen might like
to attend the Commission Meeting on Tuesday next.
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7.
7a.
HEARING
.. SCHEDULED
(OCT.15,1985)
7b.
LIGHTING
MAINTENANCE
DISTRICT
I ANNEX 1 3
( OCT. 15 ~r5 )
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7c.
, .WATERLINE
.., , REPLACEMENT
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7d.
CONTRACT
AWARDED
(RAMPS FOR
THE HANDI-~
CAPPED) .
(Job No ',i \~
573) f. ,If
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FREEWAY NOISE
(ADD'L DATAr_
NEEDED) 1117
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7f.
DIAL-A-
RIDE
CONSULTANT~
1,,\9,:;0
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79.
FINAL M~AP
NO. 44034
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7h.f' .
FI NAL MAt)
NO. 43828
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CONSENT ITEMS
SCHEDULED a public hearing for October 15, 1985 on the petition for
street lights from Golden West to Sunset on Arcadia Avenue. A petition
from 13 of the property owners who would be benefitted was received
and one in opposition.
Pursuant to the Street Lighting Act of 1919 Section 18040, the Director
of Public Works was ordered to file an annexation report consisting of
plans and specifications, estimate of cost, diagram of the District,
showing the lands, including all zones thereof, to be benefitted by
the proposed improvement and to be assessed to pay the expenses th~reof.
This report (Annexation No. 13) is to be filed with the City Clerk prior.
to the Council Meeting on October 15.
AUTHORIZED staff to solicit proposals from consulting engineers for
the design of the waterline replacement project on Palm Drive and El
Monte Avenue. The 1985-86 Capital Program includes the replacement
of a 12" waterline on Palm Drive from Baldwin Avenue to El Monte Avenue
and the 1986-87 Capital Program includes the replacement of a 12" water-
line on El Monte Avenue from Camino Real to Live Oak Avenue, These
projects would be combined and constructed during the summer of 1986.
Estimated cost is $680,000.
RECEIVED the results of bids and awarded the contract to the low bidder,
B-1 Enterprise Corporation, for construction of ramps for the handicapped,
Job No. 573 in the amount of $7,312. Appropriated $10,565 from deposited
SB 821 Funds to cover the cost of construction including design, inspection
and contingencies; all informalities in the bids or bidding process .were
waived and the Mayor and City Clerk were authorized to execute a contract
in form approved by the City Attorney.
RECEIVED information that additional noise measurements are necessary and
APPROVED the Citizens Sound Wall Committee request for $1,979 (APPROPRIATED
from Capital Outlay) for the purpose of retaining J. J. Van Houten and
Associates for this additional work. (Amount not to exceed $1,979.)
APPROVED Request for Proposals to conduct a Maintenance Evaluation Study
for Dial-A-Ride and AUTHORIZED staff to issue the RFP to select a consult-
ant for a maintenance evaluation study and AUTHORIZED the Mayor and City
Clerk to execute a contract with the selected consultant in form approved
by the City Attorney.
APPROVED the Final Map of Tract No. 44034 for a 34 unit residential
condominium at 618 Fairview'Avenue subject to the condition that, before
the Final Map is recorded, all outstanding conditions of approval shall be
complied with,
APPROVED the Final Map of Tract No. 43828 for a 6 unit residential
condominium at 835 Arcadia Avenue subject to the condition that, before
the Final Map is recorded, all outstanding conditions of approval shall be
comp 1 i ed with.
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OAK TR E APPROPRIATED $75,732 to fund the traffic control program for the 32 day
RA~I Oak Tree Meet. (See staff report dated September 13, 1985.)
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ARCADIA !:.I? AUTHORIZED payment of $20,000 to the Arcadia Mounted Patrol in
MOUNTED r . connection with the settlement of the case of the Arcadia Mounted
POLICE Police v City of Arcadla. .
7k.
LABOR AUTHORIZED participation in the San Gabriel Valley Labor Relations
RELATION~ Training Consortium and for the City Manager to sign this contract
()' I in form approved by the City Attorney. This would cost $1,095 and
, /'t t I . ~ funds are available in the management/supervisory training item in
"AI"f '. the current budget.
~ ALL OF THE ABOVE ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKl,
SECONDED BY COUNCILMEMBER HANNAH AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
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AYES: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
NOES: None
ABSENT:None
8.
CITY ATTORNEY
8a.
ORDINANCE
NO. 1820
(ADOPTED)
The City Attorney presented, explained the content and read the title
I/of Ordinance No. 1820, entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6439 OF THE
ARCADIA MUNICIPAL CODE REGARDING NEWSRACKS".
It was MOVED by Councilmember Gilb, seconded by Councilmember Hannah
and CARRIED on roll call vote as follows that Ordinance No. 1820 be
and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
8b.
ORDINANCE
NO. 1821
(ADOPTED)
The City Attorney presented, explained the content and read the title
t/ of Ordinance No. 1821, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9220.2 OF THE ARCADIA
MUNICIPAL CODE 'PERTAINING TO ACCESSORY LIVING QUARTERS/GUEST HOUSE
DEFINITION AND REGULATIONS".
It was MOVED by Councilmember Young, seconded
and CARRIED on roll call vote as follows that
it is hereby.ADOPTED.
by Councilmember Lojeski
Ordinance No. 1821 be and
8c.
ORDINANCE
NO. 1822
(ADOPTED)
AYES: Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino I
NOES: None
ABSENT: None '
~The City Attorney presented, explained the content and read the title.
of Ordinance No. 1822, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9220.25 OF THE ARCAD1~'
MUNICIPAL CODE PERTAINING TO THE DEFINITION OF "FAMILY" "
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It was MOVED by Councilmember Lojeski, seconded by Councilmember Young
and CARRIED on roll call vote as follows that 'Ordinance No. 1822 be
and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
8d.
ORDINANCE The City Attorney presented for introduction, explained the content and
NO. 1823 read the title of Ordinance No. 1823, entitled: "AN ORDINANCE OF THE
(INTRODUCED) ~ITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING SECTIONS 9252.4.14
$/THRU 9252.4.18, 9250.3.11 THRU 9250.3.14, 9251.4.5 THRU 9251.4.8,
9260.3.3.1.6, 9261 .4.1.2 AND 9266.2.8.11 TO THE ARCADIA MUNICIPAL
CODE REQUIRING BUSINESSES TO SET FORTH PART OF THEIR IDENTIFICATION
IN ROMAN CHARACTERS AND ARABIC NUMERALS AND REQUIRING THE ADDRESS TO
BE DISPLAYED ON THE BUILDING IN ARABIC NUMERALS".
8e.
CLAIM OF
S. GLASCO
(DENIED)
8f.
CLAIM OF
A. TAVELLA
(DENIED)
8g.
CLAIM OF
W. TAVELLA
(DENIED)
8h.
CLAIM OF
J. TAVELLA
( DENIED)
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9.
It was MOVED by Councilmember Young, seconded by Councilmember Gilb and
CARRIED on roll call vote as follows that Ordinance No. 1823 be and it
is hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
On recommendation of the City Attorney, the claim of S. Glasco was
~~DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember
Young and CARRIED on roll call vote as follows:
AYES:
NOES:
ABS ENT :
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
~n recommendation of the City Attorney, the claim of A. Tavella was
DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Young
and CARRIED on roll call vote as follows:
AYES:
NOES:
ABS ENT :
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
~n recommendation of the City Attorney, the claim of W. Tavella was
DENIED on MOTION by Councilmember Young, seconded by Councilmember Gilb
and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
~ recommendation of the City Attorney, the claim of J. Tavella was
DENIED on MOTION by Council member Lojeski, seconded by Councilmember
and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
None
Young
Councilmembers Gilb, Hannah, Lojeski, Young and Pellegrino
None
None
MATTERS FROM STAFF
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10.
CLOSED
SESSION
1l.
ADJOURNMENT
Oct. 15,1985
7:00 p. m.
ATTEST:
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MATTERS FROM ELECTED OFFICIALS
None
Council adjourned to a CLOSED SESSION to discuss property acquisition
in the Redevelopment Area.
COUNCIL RECONVENED at 9:30 p. m. and ADJOURNED IMMEDIATELY THEREAFTER
to 7:00 p. m., October 15, 1985 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.
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Donald D. Pellegrino, Mayor
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