HomeMy WebLinkAboutAUGUST 20,1968 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK Appeal of Mrs. Paul R. Whittington for the deletion of one of the conditions of Planning Commission approval of her application for division of property at 1050 Rancho Road. Said condition, No. 13, requires a covenant enforceable by the city in a form meeting the approval of the City Attorney and recorded restricting the further division of parcels 1 and 2. Reasons for her appeal were set forth in a communication dated July 29 and on file in the office of the ~City Clerk. A1(( t.;~ ,LThe Planning Director summarized the findings of the Commission and a-~' ~IA commented that in his opinion the Commission would not have approved jI .II S;~~' the property division without the imposition of the subject condition. ~ Mayor Hage then declared the hearing open and Fred G. Kennedy, attorney, made a presentation on behalf of Mrs. Whittington. He noted elevations, location of the swimming pool, and the size of adjacent lots with which the property if divided as requested by Mrs. Whittington would conform. He stated in part that the required covenant would place a cloud on the property which could not be removed in the future; that in his opinion any potential buyer of the property would fully check with the city prior to consummating a transaction; that one cannot say what will happen to the area in the future what with the advent of the freeway for instance. He felt that as conditions change the Planning Commission at that time should look at the facts as they exist then. He asked for the removal of the requirement as it would be a hardship on the present owner and on any contemplated sale. I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL CONSIDrNE EXCUSED HEARING (Whittington Appeal) I Hearing Closed 18:7327 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 20, 1968 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the Arcadia City Hall on August 20, 1968, at 8:00 P.Mo Mayor Don W. Hage Mayor Don W. Hage PRESENT: ABSENT: Councilmen Arth, Butterworth, Helms, Rage Councilman Considine The Minutes of the adjourned regular meetings of July 22, 24, 29, 30, 31, August 5, and the regular meeting of August 6, and the adjourned regular meeting of August 11, 1968, were APPROVED on MOTION by Council- man Butterworth, seconded by Councilman Helms and carried unanimously. Councilman Arth abstained from voting on the July 22 and 24 minutes as he was absent on those dates~ MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously that Councilman Considine be and he is hereby excused from this meeting. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously. During the discussion Councilmen Butterworth and Mayor Hage felt that the imposition of a covenant at this time does not offer any degree of certainty whatsoever to the property owners, assuming that a 8-20-68 - 1 - CONDITIONAL The action of the Planning Commission in its approval of a conditional USE PERMIT use permit to allow the reconstruction of a service station at the (Service northeast corner of Baldwin Avenue and Las Tunas Drive was RATIFIED Station) on MOTION by Councilman Butterworth, seconded by Councilman Helms and (Res. No. carried on roll call vote as follows. Said ratification was granted 655) _ :/\prOViding an appeal is not filed by August 23. " -.1 .AYES: Councilmen Butterworth, Helms, Hage NOES: None ABSTAIN: Councilman Arth, due to his business affiliation ABSENT: Councilman,Considine Hearing Reopened and Continued to October 1, SIGNS' ,/J ~' S;,/~ LOT SIZE (Hearing Scheduled), :. - .... , r, . '\ ... \'1.. . \}'J\ 18:7328 covenant would be drafted which could be revoked by a Council of a future date; that it is inconceivable that potential buyers would not check with a governmental agency as to what could be done with a piece of property; that the good which is expected to be achieved by the covenant would be overcome by the hardship and detriment to the property. They both supported the appeal. Councilman Arth felt that adjacent residents should have a degree of certainty of protection and referred to the original application which was for a division of the property into three lots and opposed by adjacent residents and subsequently denied by the Commission. He favored denial of the appeal. Councilman Helms observed in part that the Planning Commission minutes indicate there was much concern as to the desirability of the property division; that the commission only adjusted the division lines at the insistence of the applicant due to economic hardship but at the same time imposed the requirement for the subject covenant; that he would not be inclined to assume that the commission would feel the split is desirable without the condition unless it so recommends. That he would prefer to have the matter referred back for clarification. It was the consensus of the Council that it would like to know whether or not the commission would sustain its present position if condition 13 were removed. In order to reopen and continue the public hearing and inasmuch as no one had left the council chamber during the deliberations, it was MOVED by Councilman Arth, seconded by Councilman Helms and carried unanimously that the hearing be reopened and continued until OCTOBER 1, 1968. Councilman Helms then MOVED that the matter be referred back to the Planning Commission for review and reconsideration in the area of condition 13. Motion seconded by Councilman Butterworth and carried unanimously. The request of the Planning Commission for an extension of time in which to consider proposed changes in the sign ordinance was APPROVED on MOTION by Councilman Arth, seconded by Councilman Butterworth and carried unanimously. The matter will appear on agenda for November 5. Council indicated its desire to hold a public hearing on Planning Commission recommendation concerning minimum lot sizes for R-l zone .. west of Baldwin Avenue between Colorado Street and Foothill Boulevard. .\ Councilman Helms then MOVED that a public hearing be scheduled for .~ September 17 and that property owners within a 300' radius be so notified. Motion seconded by Councilman Butterworth and carried unanimously. In anSWer to a query by Councilman Helms, the Planning Director adyised that the use is restricted to service stations; that it prohibi~s leasing and sale of trailers or other devices and that the increased number of parking spaces is made possible by the size of the property. In reviewing the subject resolution (No. 655) Councilman Helms noted the terminology and suggested that future resolutions be drafted to more clearly indicate intent. 8-20-68 - 2 - . I , " / , r. \ , , . 'I r,if 18:7329 PARKING PLACE COMMISSION Council received the annual financial report of the Parking Place Commission indicating a proposed tax rate of 10~ for maintenance and repair, and 25~ for acquisition of additional spaces (35~ per $100 assessed valuation - same as last fiscal year). (Incorporated in Ordinance No, 1391 which was later adopted). I ASSESSED Council received report of the assessed valuations from the Los VALUATION Angeles County Auditor-Controller. In the report of the City '" .. ~, ~Manager it was noted that the valuations fell short of budget ')" r, Jfi-'~'A estimates and that by applying the tax rate of $1.05 the valuations j A,Q;~~ will produce $4,406 less than the original estimate. Included ~~- therein were schedules comparing valuations with previous years, tax computations at the $1,05 tax rate and for lighting and parking districts. PROPOSED PARKING TAX J-/73 Ordinance No, 1387 was introduced at the adjourned regular Council meeting of July 30 and appeared on this agenda for further consideration. It called for a 10~ parking tax on vehicles when parked on private premises, which would primarily affect the Santa Anita Race Track. The new revenue would help balance the budget which the City Manager advised faced an estimated $30,000 deficit. ;- Reference was made to a proposal made by Fred Ryan, general manager of the race track. That if the parking tax were five cents the track would absorb the tax rather than to pass the increase in the parking fee on to the customer. He noted that based on the cars parked last year the revenue would amount to approximately $47,851.95. Mr. Ryan felt the difficulties involved in collecting 60~ in change from customers would result in a delay at the entrance to the parking area and in all probability would cause traffic backups, therefore, the outlined proposal was made. Mayor Hage was in favor of the adjusted' tax as it would have the effect of balancing the current budget. Councilman Arth felt that this was a justifiable tax as it would not be a tax on the race track but on its customers. Councilman Butterworth observed that the position of the track is reasonable in the situation and he would go along with the adjusted tax since it will produce the needed revenue for this year. However, Counci+ma~ Helms observed that Council might be deluding itself as well as thJ C~&5 in resolving the immediate problem of collection, and recommended that some planning be 'undertaken on the traffic flow to the race track as the proposed action may not be the solution in the future ~ I Whereupon Councilman Arth MOVED that hereby instructed to amend Ordinance tax of 5~ instead of 10~; that same Council at the next regular meeting. Butterworth and carried unanimously, the City Attorney be and he is No. 1387 to indicate a parking be redrafted and submitted to Motion seconded by Councilman ~ The City Manager and the City Controller advised of the 1967-68 ,)p~ppropriations for capital projects as listed in their report dated ~\August 15 which were not expended either because the projects were \~~'-- not started by the end of the fiscal year or because they were not ",_' . completed and are being continued into the current fiscal year. The 'u '~J'need for reappropriation of funds was explained. Whereupon it was , ' MOVED by Councilman Butterworth, seconded by Councilman Helms and : ,y carried on roll call vote as follows, that the recommendation be ~ and it is hereby APPROVED. PROJECTS (FUNDS) AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine 8-20-68 - 3 - The request of the American Association of University Women for permission to hold its annual Festive Fair at the Los Angeles Turf Club on November 7, 1968, was APPROVED on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried unanimously. It is to be noted that the Association have arranged with the Turf Club for insurance coverage as required in the past. OIJ 4c) , ITEM (&'.~' )'.J The request of John W. DeLonge for permission to use flags for WITHDRAWN..^~V~ sales promotion purposes on his apartment complex at 1025 W. (~~' Huntington Drive was WITHDRAWN by the applicant. , '\ STREETS \ ~t~e streets in Lot Split L-67-l2 (Verner Circle) were accepted for ACCEPTED \ ~ maintenance by the city on MOTION by Councilman Helms, seconded by (verner~\.P; \ Councilman Butterworth and carried unanimously. The Director of Circle) - I"'.,, Public Works advised that all improvements were satisfactorily Ry\ completed. ~ ," PROGRESS )' i The City Council found the graphical progress report prepared by REPORT " the Director of Public Works quite helpful. It estimated the total \ ~ ' cost of work will be $1,045,343 and is scheduled for completion by \ '\" -,' 'iJ. >? November. Councilman Helms asked for reassurance that the resurfacing \;: I' of Baldwin Avenue and Duarte Road will not be a traffic hazard. The Director of Public Works explained inspection procedures. FAIR (Holy Angels Church) ~. ~ . \ t\!.\-:"!.yi' C'- ,~ X'l' FAIR (MOW)) (!/. ,') ~ I ,~(~\f'i \ PIPELINE LICENSE PERMI T (ATSFRR) tI , \,'C~"'J I V''' \1' ~ ." Ut ' I),'--t ,'J/ \:S J , 18:7330 The request of the Holy Angels Church for permission to hold its annual parish fiesta on parish grounds was APPROVED by Councilman Arth, seconded by Councilman Helms and carried unanimously. The event will be held October 4, 5, and 6, 1968. All fees connected therewith were WAIVED on said MOTION. Approval granted subject to the issuance to the City of a certificate of insurance in adequate amounts naming the City as additional insured. Following clarification of some of the terms and conditions of the subject document, it waS MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the Mayor and City Clerk be authorized to execute the license permit from the Atchison, Topeka and Santa Fe Railroad Company in order to allow the placement of water lines under its right of way. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine BANNERS The request of the Arcadia Lions Club for permission to hang a (Lions Club) banner across Baldwin Avenue south of Duarte Road during the week lJ ,'ending September 28, 1968, to publicize its White Cane Days fund J \ ..' f raising project was APPROVED on MOTION by Councilman Butterworth, (, \ ,\l .) seconded by Councilman Helms and carried unanimously, provided the \J:' J _ \f' banner is installed and removed on the dates specified to the \?~J satisfaction of the Director of Public Works. SIDEWALK BIDS REJECTED (To be re- advertised) ~ Q.., ~\ \\ On recommendation of the City Manager and the Director of Public Works the two bids received for sidewalk construction Phase III were REJECTED and the staff was AUTHORIZED to advertise for new bids to be received September 30 and submitted to Council on October 1 on MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously. It was noted by 'staff that this affords an opportunity to receive more competitive bidding. At this time Mayor Hage advised those in the audience who were interested in this project that the additional time will permit staff to reconsider sidewalk locations. 8-20-68 - 4 - I I CONTRACT AWARD (VISTA PARK) I r,pq ~ BUILDING FEES WAIVED (f;J ((- It' ,If (JrJ1 S ,>9-- 605 FREEWAY ASSOCIATION Fy~1 I 18: 7331 The City Manager advised of the following bids for the improvement of Vista Park and recommended the contract award to the low bidder: Valley Crest Companies Duke's Landscaping Services GTS Company Granada Landscape Company,Inc Silveri & Ruiz Company $ 28,613.00 26,182.22 29,900,00 39,911.00 23,870.00 MOTION by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that the contract be a~arded to the low bidder, Silveri & Ruiz Company, in the amount of $23,870; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived; that the Mayor and City Clerk be and they are hereby AUTHORIZED to execute the contract in form approved by the City Attorney. That the sum of $23,000 be appropriated from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Improvement Projects Account No. 641, Vista Park Improvement. The City Manager reminded Council of the donation from the Exchange Club for $2000 toward this ~roject. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine The following two requests for a waiver of building fees was APPROVED on MOTION by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows: 1. llSave the Depot" Committee - in connection with the removal of the Lucky Baldwin Station. 2. Kiwanis International Club - in connection with its construction of a youth hut for the Holly Elementary School. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine MOTION by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the sum of $100 be appropriated from Council Contingency Fund to assist in the publication of a six page newspaper tabloid commemorating National Highway Week as requested by the 605 Freeway Association. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine FUNDS The City Manager advised that the $150 recently contributed to the RETURvNEDfJ Babe Ruth Baseball League, for assistance in its hosting the state ( ( 4' ~ournament, had been returned. Mayor Rage will write the Chairman, ~ ~ ' Sydney Larkin expressing appreciation. M W D Council received report from the Metropolitan Water District Board TAX on the tax rates for the fiscal year 1968-69. (Matter taken up in vt1~ Resolution No. 4026). 8-20-68 - 5 - 18: 7332 AUDIENCE PARTICIPATION Baldwin Avenue Reconstruction I-Io~q REFUND (Water bill) ~~ BALDWIN AVENUE RECON- STll.UCTION ~ '~ C\ ~ '-, :... SIDEWALKS y \\"% \./ SANITATION (HOrSe;/\ Petitions were submitted from Jack Pennaro, owner and operator of Jack's Market at 9956 E. Las Tunas Drive (southwest corner of Baldwin Avenue) with signatures of customers asking for a left turn opening for northbound traffic on Baldwin Avenue south of Las Tunas. It was noted therein that customers would be inconvenienced by the proposed divider along Baldwin Avenue, Mr. Pennaro spoke at length of the problems which would be encountered and the attendant traffic hazard. He will embody his remarks in a communication to be directed to the Director of Public Works. During the interim the City Council will arrange to visit the subject area. Recommendation from the Police Department will also be obtained. I Anthony Foto, 830 S. Citrus Avenue, West Covina, spoke on behalf of his mother, Nellie Foto, residing at 171 Naomi Avenue, Arcadia, concerning a $40.90 water bill in March of this year. He explained that the water department had made an investigation but could not account for the size of the water bill which during the past four years has not exceeded $7 per month. The City Manager noted that the accuracy of the meter has been checked and it was found that the water did in fact go through the meter. However, it was the consensus of the Council that if the usage had not been unusual during the subject month that it would appear something went wrong with the meter, whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows, that $10.00 be deemed the amount of the water bill and that staff be authorized to refund to Mrs. Nellie Foto, $30.90, AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine R. S. Stewart, 743 Fairview, Arcadia, presented a letter from the Manager of the Prudential Insurance Company On behalf of its branch office on Baldwin Avenue near Las Tunas Drive, concerning the proposed placement by the city of a center divider on,Baldwin Avenue which would effect egress and ingress to its office building. It was suggested therein that consideration be given to eliminating the divided portion of the street from Woodruff Avenue south. He was advised that Council will make a physical check of the area. Mr. Stewart will submit his position in writing. Glenn Curtis, owner and operator of the Union Oil Station on the northwest corner of Baldwin Avenue and Las Tunas Drive, spoke to the same matter. He noted that with the proposed divider there would be no access to his station by anyone traveling north on Baldwin Avenue. He asked that Council visit his area also. Mr. Curtis will submit his position in writing. I Harry Church, 1607 South Eighth Avenue, one of the signers of a petition requesting modification of the sidewalk location on the south side of Camino Real between Sixth and Eighth Avenues, stated in part that he would prefer to have the sidewalks adjacent to the curbline and submitted that the palm trees could be circled in an effort to save them. Some discussion held on the possibility of the residents sharing the cost if additional work were involved. The Director of Public Works will notify the property owners in this regard. Charles K. Beamer, 1121 South Tenth Avenue, asked for help eliminating the dust, fly and odor condition on his block. in The 8- a:J - 6 8 - 6 - SIDEWALKS 18:7333 City Manager will check into the problem. It was Observed by Councilman Arth that perhaps the ad hoc commission, Health and Sanitation, could be reactivated in this case. (1/)-) Harold E. Coombes, 1659 Alta Oaks Drive, asked for notification a~ to when property owners should prepare for sidewalk installation. ~ The Director of Public Works advised that his department will see that proper notice is made to each and every resident in the sidewalk construction area. I ORDINANCE NO. 1391 ADOPTED RESOLUTION NO. 4026 ADOPTED The City Attorney presented, explained the content and read the title of Ordinance No. 1391, entitled: "AN ORDINANCE OF THE ClTY COUNCIL OF THE CITY OF ARCADIA FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1968". It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1391 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Rage None Councilman Considine It was MOVED by Councilman Helms, seconded by Councilman Arth, and carried on roll call vote as follows, that Ordinance No. 1391 be INTRODUCED and ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine The City Attorney presented, explained the content and read the title of Resolution No. 4026, entitled, "A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ELECTING TO PAY OUT OF MUNICIPAL FUNDS ONE HUNDRED PER CENT OF THE AMOUNT OF TAX WHICH WOULD OTHERWISE BE LEVIED UPON PROPERTY WITHIN SAID CITY OF ARCADIA BY AND FOR THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, FOR THE FlSCAL YEAR BEGINNING JULY 1, 1968, AND ENDING JUNE 30, 1969, AND PROVIDING FOR THE PAYMENT THEREOF." ~ I{~ It was MOVED by Councilman Arth, seconded by Councilman Helms and lrd ~ carried on roll call vote as follows, that the reading of the full body of Resolution No. 4026 be WAIVED. I ORDINANCE NO. 1392 AOO;'1I11 AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Rage None Councilman Considine It was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that Resolution No. 4026 be AOOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine Council expressed a desire to hold study sessions on the above SOmetime in late October or November, as a decision must be made by December, as to the method of payment. The City Attorney presented, explained the content and read the title of Ordinance No. 1392, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ARCADIA." 8- 20-68 - 7 - ORDINANCE NO. 1393 ADOPTED (Ii 1"\ RESOLUTION NO. 4027 ADOPTED \ l\ V\ 18:7334 It was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1392 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine It was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows, that Ordinance No. 1392 be INTRODUCED and ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Rage None Councilman Considine I The City Attorney presented, explained the content and read the title of Ordinance No. 1393, entitled, "AN ORDINANCE OF THE CITY OF ARCADIA CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 5, 1968, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF SAID CITY CERTAIN CHARTER AMENDMENTS AND CONSOLIDATING SAID ELECTION WITH THE GENERAL ELECTION TO BE HELD ON SAID DATE." It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1393 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows, that Ordinance No. 1393 be INTRODUCED and ADOPTED. AYES: NOES: ABSENT: /) Councilmen Arth, Butterworth, Helms, Rage None Councilman Considine The City Attorney presented, explained the content and read the title of Resolution No. 4027 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF ARCADIA CHARTER AMENDMENT ELECTION TO BE HELD ON NOVEMBER 5, 1968, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 5, 1968." It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 4027 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine I It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows, that Resolution No. 4027 be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage None Councilman Considine 8-20-68 - 8 - COUNTY~ PARK ACTIVI IES COMMENDATION ~ I "'''"''''''''' I 18: 7335 Discussion on what could be done concerning a situation at the county park. The City Manager advised that the police department is main- taining surveillance and are making every effort to supervise and maintain order. The City Manager read into the record a letter of commendation for James Deamos (business license department) on his willingness to be of maximum help to a recent visitor in need of assistance. At 10:40 P.M. the meeting was ADJOURNED SINE DIE on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried unanimously. e!!h::w.~~ :i~~~ City Clerk "/3-20-68 - 9 -