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HomeMy WebLinkAboutOCTOBER 1,1985_2 :}0" 25 :1341 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK , ". ~~'~: '.: - , ~,. .',' I 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 I I. PUBLIC HEARING VARIANCE (APPROVED) ,~ ~. 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 10/1/85 -1- 2. PUBLIC HEARING Street Lights (APPROVED) .~ ) ~. ~( 3. 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 I 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. 10/1/85 -2- ;;';1, , I I ( 4c. PARTICIPA- TION IN SOUTHS JOE AUNTINGTON DR. (14 days granted the Derby Motel) 41 f~ ';' ~ -} -I 25:1343 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. ~ 10/1/85 -3- 25 : 1344 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. I 5. 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. .., Ii . ; 10/1/85 -4- 7. 7a. HEARING .. SCHEDULED (OCT.15,1985) 7b. LIGHTING MAINTENANCE DISTRICT I ANNEX 1 3 ( OCT. 15 ~r5 ) ,'_ f" ,A- 7c. , .WATERLINE .., , REPLACEMENT '.:' ~'" ~,,\~ -,', I 7d. CONTRACT AWARDED (RAMPS FOR THE HANDI-~ CAPPED) . (Job No ',i \~ 573) f. ,If 7e. FREEWAY NOISE (ADD'L DATAr_ NEEDED) 1117 f?;' 7f. DIAL-A- RIDE CONSULTANT~ 1,,\9,:;0 r v 79. FINAL M~AP NO. 44034 \ 7h.f' . FI NAL MAt) NO. 43828 f 25 :1345 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. 10/1/85 -5- 25 : 1346 )1- 7i. p' 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.) 7j. /1 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: I 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" " 10/1/85 -6- I I 25:1347 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) " 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 10/1/85 -7- 10. CLOSED SESSION 1l. ADJOURNMENT Oct. 15,1985 7:00 p. m. ATTEST: ~","III 'I 25 : 1348 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. :1 1 11 , i ,,' ~, Glo(~~ Donald D. Pellegrino, Mayor I j l . , -:i ~ '~ " , ~,&!6:~ :J , I J 1 ! ,'1 jl 11 I 10/1/85 1 " , -8-