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Home My WebLink AboutNOVEMBER 18,1969 1 1 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROL~ CALL MINUTE APPROVAL ~j'!4//.G.d.... /,K-?- (9 HEARING , (LOT SPLIT) CONTINUED HEARING Zone Change 1 p.llo APPROVED HEARING '(Accessory Buildings,etc) (a) , y..J.\;. , '), ~;. "' J~\ \ ;~..) .)/ 18:7537 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 18, 1969 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of ,the Arcadia City Hall on November 18, 1969, at 8:00 P.M. Rev. David M. Reed, Arcadia Congregational Church. As Rev. Reed is leaving the city, appreciation was expressed for his many accomplishments. Mayor C. Robert Arth PRESENT: ABSENT: Councilmen Butterworth, Considine, Hage, Arth Councilman Helms (Excused on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. The Minutes of the regular meeting of November 4, 1969, were APPROVED on MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously. At the request of the attorney for the applicants, and on MOTION by Councilman Considine, seconded by Councilman Rage and carried unanimously, the hearing scheduled for this date on the appeal filed by Joseph E. Rognstad and Joe Adashek from the decision of the Planning Commission in its denial of their application for a division of property at 371 W. Warren Way was CONTINUED until the next regular meeting (December 2, 1969). An opportunity was provided to hear anyone who could not be present on the new date. However, no one desired to speak at this time. Planning Commission recommendation concerning the reclassification of property at 531-601 W. Duarte Road from Zone R-l to Zone R-3. (Resolution No. 686). It was noted in a staff report that the Department and the Commission agreed that the property may now,be used for R-3 purposes, pursuant to an existing variance, and is surrounded by other property being used for multiple residential and commercial purposes, therefore the change was recommended. (Be it noted also that an application for a conditional use permit to allow the construction and operation of a board and care facility at said address has been filed for this location but cannot be resolved unless and until a zone change has been accomplished: Council reviewed projected maps indicating location and surrounding land uses. Mayor Arth declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Rage and carried unanimously. Councilman Hage MOVED that the recommendation of the Commission be APPROVED and that the City Attorney be AUTHORIZED to prepare the appropriate ordinance to effect the zone change from R-l to R-3 on said property. Motion seconded by Councilman Considine and carried unanimously. The Planning Commission, by Resolution No. 687, recommending an amendment t, the Municipal Code relating to rear yards, accessory buildings, lot coverag in Zones R-O and R-l, and the repeal of Resolution No. 679. The Planning Director summarized the findings concerning each objective. As an example Council reviewed a projected map indicating percentage of lot coverage and normal setbacks. Resolution No. 687 provides for rear yards to be 11-18-69 - 1 - 18:7538 measured from the rear lot line, accessory buildings may not occupy more than one fourth of this rear yard area and must not be closer than three feet to the rear lot line, accessory buildings may not be more than one story and shall not exceed sixteen feet in height, the combined area of all buildings on any lot shall not exceed 45 percent of the lot area. Mayor Arth declared the hearing open. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Rage and carried unanimously. Councilman Hage MOVED to APPROVE the recommendation of the Commission 1 as contained in its Resolution No. 687. Motion seconded by Councilman Butterworth and carried unanimously. (b) Discussion held on the size limitation of an accessory building in Zones R-O and,R-l. In a staff report dated November 14 it was noted that staff felt that to truly accomplish the purpose of keeping Zones R-O and R-l primarily residential and to more thoroughly prevent the development of additional dwelling units on such lots, or the building of structures which might later be converted to even commercial purposes, an additional regulation was required - to limit the size of an accessory building to 50 percent of the main structure size, after eliminating the previously inequitable distinction between attached and unattached garages. It was further noted that surveys revealed that almost none of the presently developed R-O and R-l property contain accessory buildings exceeding this 50 percent of main structural size, and that in staff opinion that limi- tation would not be too restrictive. Councilman Considine stated for the record: "It is my feeling that government is interfering more and more into the affairs of people. I think the regulation we have just approved, the recommendation of the Planning Commission in its Resolution No. 687, pretty well restricts what can be done with a yard so far as accessory buildings are concerned. There is also the zoning ordinance. We have insisted that he keep 55 percent of his total lot open in green area. We have prevented him from building on more than 25 percent in his required rear yard. We have restricted the size of the height of buildings that he can construct. It would seem to me that we should not infringe on a man's right to use his ground further than this. I think he should have the right to raise flowers, orchids, birds or whatever else he might choose to raise, as long as it is within the governing ordinance. If he chooses to have a stable or tack room with horses in a permitted area) he could have up to three horses if he has the required area and he might have a barn, corral or tack room uhich could well not exceed the requirements of Resolution No. 687 but might approach or exceed the 50 percent of his home...I think we are now getting to a point where we are arbitrarily infringing on people's right to use their land for their own pleasure and benefit. I think if at man is going to have a machine shop certainly his neighbors are going to us know and we could issue a cease and desist order or if he is using it more than a hobby. The same would be true of a commercial green house operation and I for one would rather see a man doing a car overhaul in an enclosed garage than leave an unsightly carcass of cars strewn about the yard because they are not housed. I think we have covered the requirements of what is necessary for an auxiliary building in the aforementioned reso- lution and additional limitation on a maximum size is completely unnecessary. I think it is also causing the government to infringe unnecessarily on the right of the people to use their land. ,Either the 55 percent is a right use for green space or it isn't. If we have 55 percent open, then why worry about what they do with the other 45 percent as long as it stays in the confines of the balance of the regulation." 11-18-69 - 2 - 1 1 / 18:7539 Councilman Hage agreed in part but felt some protection was indicated because as the city grows the tendency for owners to convert to multiple uses would be quite a temptation if there were a way to do it. He felt it would be infringing upon the rights of the property owner, but by the same token it would also be infringing on the rights of the neighbors if no limitation were placed on it.' He favored the 50 percent limitation as recommended by staff. Mayor Arth agreed to a point, but commented in part that still in most planned communities restrictions ,such as these keep hobbies in moderation- whatever they might be - machine shops, greenhouses, etc. He favored the suggested limitation and commented further than an exception or unusual circumstance could be brought to the modification committee. Councilman Butterworth stated in part that he was not unsympathetic with the views of Councilman Considine, but felt that when one lives in densely populated areas ~ certain amount of personal freedom must be surrendered for the common good. Councilman Hage then MOVED to limit the size of an accessory building to 50 percent of the main structure size, plus 400 feet. Motion seconded by Councilman ~utterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Butterworth) Councilman Considine . Councilman Helms Hage, Arth (The City Attorney will incorporate this limitation in an ordinance). HEARING (Baldwin) Proposed creation of an underground utility district on North Baldwin Avenue between Foothill Boulevard and Hampton Road. Council received the engineer's report and reviewed a map depicting the area which is partly in the City and partly in County territory. It was noted that the under grounding can be accomplished at no cost to any of the property owners and no utility company cost will be charged against funds alloca- ted to the City for such installation. ~ '~;IJ Mayor Arth declared the hearing open pursuant to Resolution No. 4097. , ~George W. DuNah, 1301 N. Baldwin Avenue, stated in part that he was very much in favor of the underground installation but wondered why it could not extend to Orange Grove Avenue. The City Manager explained that the Public Utilities Commission places a priority on the use of these monies to areas which are heavily traveled by pedestrians and/or vehicles; that this is a county project which ends just south of Hampton Road; that the City would welcome the extension as funds are available; but that county funds are being used at this' time. In answer to his query, C. H. Holland of 640 Arbolada Drive, was advised on underground easements about which the General Telephone Company had contacted him. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Hage and carried unanimously. RESOLUTION NO. ~ l(ldJ- ADOPTED The City Attorney presented, explained the content and read the title of Resolution No. -WO'2~h'b,tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING UNDERGROUND UTIPTY DISTRICT NO.3." )-/ J IS- 11-18-69 - 3 - HEARING (Live Oak) jr /(l IJ~~ RESOLUTION NO. !WM <//& / ADOPTED ~ )~~ I;) CONDITIONAL USE PERMIT APPROVED \.0 'Y' ')\ 18:7540 It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Resolution No. ,.51JG2 be WAIVED. ..", I AYES: Councilmen Butterworth, Considine, Hage, Arth NOES: None ABSENT: Councilman Helms It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that Resolution No. 5002 be ADOPTED. AYES: NOES: ABSENT: 1 Councilmen Butterworth, Considine, Hage, Arth None Councilman Helms Proposed creation of an underground utility district on Live Oak Avenue between Santa Anita and Third Avenues. Council received the engineer's report and reviewed a map depicting the area involved. The City Manager noted that all overhead lines on Live Oak Avenue will be removed with the exception of a 66 KV line on the north side of Live Oak Avenue or the poles which carry this line, a line which is exempt from the public utility order. Mayor Arth declared the hearing open. Richard Hilger, 5024 Buffington Road, El Monte~ speaking on behalf of the South Arcadia Businessmen's Association, expressed appreciation for the proposed undergrounding and in answer to his question concerning the possibility of the 66 KV line also going underground, the City Manager explained the legal and technical ramifications which prompted the Public Utilities Commission to exempt the line at this time. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Rage and carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No. ...>OOl;/;:;~titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.2." It was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Resolution No. ~Ot-be WAIVED. 'f/o I Butterworth, Considine, Hage, Arth AYES: NOES: ABSENT: Councilmen None Councilman He 1m s It was MOVED by Councilman Butterworth, seconded by Councilman carried on roll call vote as follows, that Resolution No. 5001 Hage and ,. ""'''''I AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Rage, Arth None Councilman Helms The recommendation of the Planning Commission that a conditional use permit be granted for the construction of a 114 bed facility for the board and care of well, aged persons at 531-601 W, Duarte Road was RATIFIED on MOTION by Councilman Butterworth, seconded by Councilman Rage and carried unanimously. Conditions under which the permit was granted are contained in Resolution No. 685. (Be it noted that the location was recommended for rezoning in prior action at this meeting). 11-18-69 - 4 - 1 1 CIVIL DEFENSE Reorganization CONTINUED CONSTRUCTION OF CHECK DAMS S' <I) I~(.>r" } (./ r/M ' STORM DRAIN BOND ISSUE PROJECTS 1970 J J7 /l./r.:r- ~( FINANCIAL SUPPORT Ii r /)Pl II I ' 18:7541 The Civil Defense and Disaster Board had recommended that the pr€sent organization be r€vised along th€ lines of a model city ordinance developed in conjunction with the League of California Cities which sets up a Civil Defense and Disaster "Council11 rather than a l1Board. 1I The matter was taken under advisement and during the interim the City Attorney had prepared a detailed comparison of the existing and the proposed ordinance. Councilman Helms had expressed a desire to be present at the discussion, therefore, the matter will be considered at the next regular meeting (December 2). . It was so MOVED ?y Councilman Hage, seconded by Counci Iman But terworth and carried .unanimously. The City Manager and Director of Public Works reported on the proposal of the County Flood Control District to erect various check dams in the Clamshell Canyon area. The location and the number of stream-bed stabilization structures were indicated on a map. A field trip will be arranged at the convenience of Council members. The City Manager explained that the Los Angeles County Flood Control District believes that another county-wide bond issue will be necessary during the ensuing y€ar, which would make possible the USe of funds available to cities for b€autification of urban areas. The Director of Public Works listed local projects to be included in the proposed 1970 Bond Issue Storm Drain Program. It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that the Director of Public Works be AUTHORIZED to submit the list to the District, It was noted, however, that the construction thereof depends on the outcome of the ballot measure. The City Manager explained that the East San Gabriel Valley Hot-Line Committee (Azusa, Covina and West Covina) has requested the city to participate in its hot-line program by $50 monthly. He pointed out that the City has its own such s€rvice - organized and operated by the organization PATH - which is successful, but recommended that there might be some advantage to joining the subject committee in the future. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Considine and carried unanimously that the C~ty Council express its appreciation for the communication, explain the present program within the City and indicate a willingness to join at some future date when it appears advantageous. Council acknowledged receipt of a communication from the Metropolitan Water District requesting that Council indicate its intentions prior to December 10 concerning payment from City funds of all or a stated percentage of the M W D tax costs. LJI~---- It was MOVED by Councilman Butterworth, s€conded by Councilman Considine and carried on roll call vote as follows, that the City Attorney prepare the appropriate resolution providing for a continuation of the present practice of paying 50% of the costs from Water Department revenues. M W D COSTS :; ORDINANCE NO. 1403 ADOPTED 1-;IJ .r Councilman Considine commented for the r€cord that in his opinion there is an obligation on the part of the Council to reduce the water .rates, which was, he felt, indicated at the time of approving the 50% payment. Staff to prepare a report. The City Attorney presented, explained the content and r€ad the title of Ordinance No. 1403, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA REPEALING THE PARKING TAX." It was MOVED by Councilman Considine, seconded Ly Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1403 be WAIVED, AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Arth None Councilman Helms. - 5 - 11-18-69 ORDINANCE NO. 1404 INTRODUCED RESOLUTION NO. woo- <(/ G-O ADO PTED D. 'i (. 't-->J1) { .\ I ~ r- I Ii COUNCILMAN CONSIDINE MAYOR ARTH 18:7542 It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that Ordinance No. 1403 be ADOPTED, AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Arth None Councilman Helms. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1404, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE RELATING TO CONCURRENT IMPROVEMENTS." 1 It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1404 be WAIVED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Rage, Arth None Councilman Helms It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that Ordinance No. 1404 be INTRODUCED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Arth None Councilman Helms The City Attorney presented, explained the content and read the title of Resolution No. 5000, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ORDERING THE ACQUISITION THEREOF." It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5000 be WAIVED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Arth None Councilman Helms It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that Resolution No. 5000 be ADOPTED. AYES: NOES: ABSENT: Butterworth, Considine, Hage, Arth Councilmen None Counci Iman Helms 1 Reported on a recent meeting of the League of California Cities concernin tax relief for cities not sharing equally in services from the county but obtaining equal taxes. Also on the proposed use of storm drains and disposal basins, etc., for recreational purposes, and other legislative matters, Reported on the success of the recent Path dance with an attendance of an estimated 800. That there have been no complaints. Reminded Council of the forthcoming meeting of the Arcadia-Tripolis Friend- ship Club at the Art & Lecture Room of the City Library on Thursday, November 20. 11-18-69 - 6 - 1 1 SISTER CITY PATH ADJOURNMENT 18:7543 He advised that he will be absent from the next regular meeting, whereupon Councilman Butterworth MOVED to excuse Mayor Arth from the December 2 meeting. Motion seconded by Councilman Ha~ and carried unanimously. The City Manager commented on the work load in connection with the Sister City Program and the need for clerical assistance. The City Manager advised that the Path organization has made arrange- ments to use the Sons of Italy facilities at 135 E. Huntington Drive; that it doesn't appear to pose any problems as the types of activities seem to be similar. There being no further business the meeting was ADJOURNED sine die at 9: 30 P. M. c,/~~ Mayor ATTEST: ~~An!lA~ City Clerk . 11-18-69 - 7 -