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HomeMy WebLinkAboutMARCH 17,1970 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 18:7595 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH 17, 1970 I The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the Arcadia City Hall on March 17, 1970, at 8:00 P.M. INVOCATION Rev. James R. Prince, First Baptist Church PLEDGE OF ALLEGIANCE Mayor C. Robert Arth ROLL CALL PRESENT: ABSENl' : Councilmen Butterworth, Hage, Helms, Arth Councilman Considine. MINUTE APPROVAL The Minutes of the regular meetings of February 17 and March 3, 1970, were APPROVED on MOTION by Councilman Hage, seconded by Councilman Helms and carri~~ 'unanimously. HEARING (Continued) Appeal fil~d by Mrs. Ilse Friedman from the decision of the Planning Commission in its denial of her application for a lot split at 120- 150 E. Duarte Road. The matter had been continued from the February 17 meeting at which time Council had asked that the parties involved in the division of property be present at this time in an effort to ascertain what if anything the Council could do to alleviate a situation which pertains to an illegal lot split at said address. f).-ld)).IFor recall purposes the Planning Director explored the background c7 of the subject matter and projected diagrams and maps indicating present lot lines. He stated in part that rather than impose a division of property which would be acceptable to the commission but not to the property owners, the Commission voted to deny the applica- tion without pr~judice when it became obvious that the parties could not o~ would not get together. That the Commission felt it could not in good conscience approve an illegal lot split as such action could have wide spread implications affecting the entire city in its future growth pattern. The Commission had suggested' a way in which the matter could be resolved and the City Attorney explai~ed this and commented that if the principals could find agreement, the matter could be continued to some date certain in order to wor~ out the details. 1 Dr. Forester, 6226 E. Spring Street, Long Beach, partner in College Investment Associates, Ltd., owner of the property leased to the Alpha Beta Market, stated in part that his property was purchased from the Lands and Building Company with title acquired in 1966; that he had not been aware o'f the illegal lot split but did know of the joint usage of the property. Some discussion held on the parking requirements and the fact th~t when an application was made for a sign, the situation came to light. He explained what he and his partners would be willing to do which included an easement for the sign Mrs. Friedman had wanted, that under this arrangement the parking problem would also be improved. Mrs. Friedman,11317 Sunset Boulevard, Los Angeles, applicant for the lot split, delineated her property on the map, discussed the location of the requested lot split, the parking and her desire to have aCCeSS to Duarte Road. . 3-17-70 - 1 - .. CONTINUED TO APRIL 21,1970 HEARING 5-Year Capital Program ~ ,~ ~- " 18:7596 Robert Cowgill, of the Lands and Building Company and the original developers of the property in question, explained how the irregular division came into being and the problems of assembling the various parcels at the request of the Alpha Beta Market and other property owners, He mentioned that the parking lot agreement is in perpetuity and will remain so unless all the owners decide to change it, He stated in part that he was not aware of the city ordinance regulating division of property and that he should have 'ascertained whether or not the city had such an ordinance; that it was an oversight on his part. 1 The City Council concurred in Councilman Helms' observation that it could not give approval at this time or until the parties involved could work out a solution which would be acceptable to the City. He suggested that perhaps the parties could meet in the city conference room at this time for such purpose. They indicated they would be willing to so meet and Councilman Helms MOVED to continue the matter until the regular meeting of April 21. Motion seconded by Councilman Rage and carried unanimously. The hearing of March 3 was continued until this date in order for staff to study and recommend on the feasibility of postponing the Sunset Boulevard widening project (Huntington Drive to Duarte Road) and expanding the First Avenue widening project (from Santa Clara to Colorado), The City Manager stated in part that his written report dated March 13 indicates an increase of $66,000 for the First Avenue project, making an approximate total of $140,000; whereas the Sunset Boulevard project would be reduced to $127,800 (reduction by half of the original figure - with County participating in half the total costs). He noted that gas tax monies are available; that there would be a small unused remainder available for future gas tax projects and suggested that they not be earmarked until more definitive figures are obtained for the First Avenue project, Michael Card, 816 Victoria Drive, Vice President of the Santa Anita Village Association, read a letter addressed to the association by Jerry A. Griffin, 937 Coronado Drive, asking the association to take appropriate steps to encourage the City Council to make every effort to ensure widening of Sunset Boulevard at the earliest possible date; that the street is a major artery and traffic will increase after the Foothill Freeway interchange is completed on Michillinda Avenue. Mr. Card stated in answer to an inquiry that the association had not taken any action on the matter, but it did want to accede to Mr. Griffin's request to have his views presented to Council. Edwin Roeters, 1015 Sunset Boulevard, stated in part that in answer to a recent observation by Councilman Helms on the apparent lack of public interest in the capital program when no one appeared at the initial 1 hearing on any of the proposed projects, it is not apathy it is just a feeling of frustration; that the situation on Sunset Boulevard has deteriorated to a point where whatever is done will not help the noise problem or the traffic generated by the street which is also a direct route to California Street enroute to and from Pasadena. It was suggested that Mr. Roeters meet with the Director of Public Works to at least discuss the matter to see if anything could be done to lessen the noise pollution. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously. It was then MOVED by Councilman Hage that the 5-year Capital Program be APPROVED with two changes, 1) reduce the Sunset Boulevard widening project $127,800 and 2) increase the First Avenue widening project by $66,000. Councilman Butterworth seconded the motion with the statement that it should be understood that Council is not placing the Sunset Boulevard project in a secondary position; that it is simply going to - 2 - 3-17-70 1 HEARING (Antique Show) APPROVED (L t~~~ O-t~/ HEARING (Theatre) APPROVED qyo HEARING (Street vacatiO~) I ORDERED . pI 18:7597 use other funds for its completion while taking the opportunity to use available monies for the First Avenue project. Prior to calling for the vote, Mayor Arth stated in part that he felt when traffic is encouraged to use certain streets, the residential aspect of the community is threatened and cited examples; that to retain the charm of a city such as Arcadia one must be careful not to become too scientific or organized so as to lose the posture of a city. However, he was in accord with the motion and then called for the vote. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine. Application of Messrs. Lessard and Strieter for a business permit to allow an antique and collector's show at the Elk's Club, 27 W. Huntington Drive, on May 2 and 3, 1970. It was noted that 25% of the admission profit would be donated to the Cerebral Palsy Fund. Mayor Arth declared the hearing open and no one desiring to be heard, the,hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried unanimously. It was further MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the business permit be issued. Application of Steven Lane, for a business permit to operate the Cinemaland Theatre, 135 Colorado Place. This is a change of management. Mayor Arth declared the hearing open and Steven Lane advised that he plans to continue the policy of exhibiting regular first-grade movies on a neighborhood theatre basis, No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Hage and carried unanimously. It was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the business permit be issued and that the matter be reviewed annually by council. Time and place scheduled for hearing from interested persons to the proposed vacation and abandonment of a portion of Haven Avenue between Santa Anita and First Avenues, per Resolution No. 5015. Mayor Arth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously. RESOLUTION, ,Wher~upon the City Attorney presented Resolution No. 5024, explained NO. ~ "7/..<}' its content and read the title, entitled: "A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION OF HAVEN AVENUE ~ BETWEEN SANTA ANITA AVENUE AND FIRST AVENUE". :' ,j :; (~ \ It was MOVED by Councilman Hage, seconded by Councilman Helms and ) carried on roll call vote as follows, that the reading of the full o body of Resolution No. 5024 be WAIVED and that same be and it is hereby adopted. 1 AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine CONDITIONAL The action of the Planning Commission in its granting of a conditional USE PERMIT use permit to the Phillips Petroleum Company for the remodeling of its (Service service station at 5 W. Live Oak Avenue was RATIFIED on MOTION by Station) !,'VCouncilman Hage, seconded by Councilman Butterworth and carried unani- RATIFIED ~ \!- ~ mously. Mayor Arth ABSTAINED from voting due to his business affiliat ion. - 3 - 3-17-70 HEARING SCHEDULED (AMC Text Change) TRACT NO ^ 29895 Tentative Map CONTINUED '}.~ \1- f)K TRACT NO. 30297 (Tentative Map) / APPROVED ~ Y '1\>' NON-CONFORMING USE EXTENDED \ e} v,: , D \ n _,;, ~ [.1" .Ill . ,-c.) " /100 , BALDWIN- STOCKER PARK IMPROVEMENT CALL FOR BIDS STREET VACATION (Wistaria) '" ~ 1\~J~ JfY 1~ 0)"\\ 18:7598 On MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously a public hearing was scheduled for Tuesday, April 7, 1970, at 8 P.M., on the recommendation of the Planning Commission for the amendment of the Arcadia Municipal Code as it relates to certain zoning and subdivision ordinances. The Planning Director explained the conditions imposed by the Planning Commission, the Director of Public Works and the Water Manager in the recommendation for approval of Tract No. 29895, the westerly extension of Winnie Way terminating at Lovell Avenue. 1 The subdivider, O. M. Knutsen, spoke at length concerning the proposed tract and stated in part that when Tract No. 22330 immediately adjacent to the subject tract was approved about 2~ years ago, a final map was presented showing the extension of Winnie Way and Council approved it in principle at that time. This map called for the street to go all the way from Holly to Lovell - that there was a building depression at the time and he only developed the tract to a point about midway which was outlined on projecturals as well as property lines of the proposed tract. In discussing the conditions imposed on the new tract he stated in part that Lots 5 and 6 could not be combined into one lot due to the width nor should Lots 14 through 17 be combined into one non-developable lot - that this would place an unreasonable restriction on the use of the property and asked that Lots 5 and 6 remain separate parcels and that Lots 14 through 17 be made into individual trust lots. The matter was held over until the regular meeting of April 7 to allow time for members of the Council to visit the area with the subdivider. Arthur Baumen, subdivider, concurred in the requests made by MI. Knutsen. The Planning Director explained in detail the tentative map plans for Tract No, 30297, 930 Fairview Avenue, condominium in an R-3 zone; that it is to contain 12 units from one existing lot. The conditions under which the Commission recommended approval were explored. Some discussion held on the desirability of more green area, however, Councilman Helms MOVED to APPROVE the tentative map subject to all conditions as set forth by the Commission. Councilman Hage seconded the motion which was carried unanimously. The request of Mrs. Irene G. Raschka for a six months extension of the non:conforming USe of property at 45 E. Duarte Road was GRANTED on MOTION by Councilman Butterworth, seconded by Councilman Hage and .. ~lcarried unanimously. The property has been used as a garage since 1956 and the property owner is endeavoring to secure a suitable tenant now that her husband is deceased. On MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously, the plans and specifications for the improvement Baldwin Stocker Park were APPROVED and the City Clerk was AUTHORIZED to advertise for bids to be returned April 6, 1970. (Job No. 360). 0' 1 The City Manager and the Director of Public Works recommended the vacation of a portion of Wistaria Avenue in connection with the orderly developmen~ of ~i~Jtocker Park and the City Attorney presented Resolution No. ~. ~ained the content and read the title, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO VACATE A PORTION OF WISTARIA AVENUE BETWEEN BELLA VISTA DRIVE AND HOLLY AVENUE." It was MOVED by Councilman Butterworth, seconded by Councilman Hage 3-17-70 - 4 - 1 QUITCLAIM DEED AUTHORIZED ::]-//fJ3 18:7599 and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5023 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine This resolution schedules a public hearing for April 7, 1970, to hear from interested persons. On recommendation of the City Manager and Director of Public Works it was further MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the Mayor and City Clerk be and they are hereby AUTHORIZED to execute a quitclaim deed to the Arcadia School District for a l' control strip at the easterly terminus of Wist~ria Avenue - all in connection with the development of Baldwin Stocker Park. FLOOD The request of the County Flood Control District to waive provLsLons CONTROL of Ordinance No. 1377 in regard to hauling fees for the portion of the REQUEST haul route involving city streets was GRANTED on MOTION by Councilman GRANTED ~ ~_:_ Hage, seconded by Councilman Butterworth and carried unanimously. It ~ I t~~ was noted that emergency clearing is required now to allow the Lannan --' I , Debris Basin to function as a flood control facility so that it may ~ continue to protect residents and property downstream. The route and the hours of activity were explored. Work to be completed almost' immediately. AWARD OF CONTRACT (Live Oak Beautification) ~I :lioA I MAINTENA NCE AGREEMENT EXTENDED' (Duke's Landscaping) ):- 5/f/f The City Manager and Director of Public Works reported on bids received for the street lighting and beautification of Live Oak Avenue between Las Tunas and Third Avenue (Job No. 357), and recommended the award of the contract to the low bidder. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows, that the contract for the subject work be awarded to the low bidder, Duke's Landscaping "- Service in the amount of $42,171;' that all other bids be rejected; that any informalities or irregularities in the bids ~bidding process be waived and that the Mayor and City Clerk be and they ~~-hereby authorized to execute same in form approved by the City Attorney. AYES: NOES: ABSTAIN :' ABSENT: Councilmen Butterworth, Helms, Arth None Councilman Hage, due to business connection. Councilman Considine On recommendation of the City Manager and the Director of Public Works, it was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows, that, the contract with Duke's Landscaping Service for maintenance of the beautified areas of the city be extended until February 1, 1971; that the items listed in the agreement under "Additional Maintenance to present contract" be deleted and the contractor be required to continue disposing of debris as is required under the present agreement. AYES: NOES: ABSTAIN: ABSENT: Councilmen Butterworth, Helms, Arth None Councilman Rage, due to business connection. Councilman Considine 3-17-70 5 - I, FREEWAY WATER MAIN RELOCATION Revised Agreement ~ \fA .1 }. , EQUIPMENT o PURCHASE ~ \ (Tires and Service)' . t SALE OF CITY OWNED PROPERTY UlDEPENDENT AUDITOR Al'POINr ED ~q) \ J ~y '?( \ \ CLAIM 18: 7600 On recommendation of the City Manager it was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the revised agreement with Perliter & Ingalsbe (consulting engineers on the freeway water main relocation project) be APPROVED, It would change the basis for paying engineers which would increase the reimburse- ment by the State, The total cost to the city would not increase and the net cost would be substantially reduced with this revision, AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine ," On recommendation of the City Manager and the Finance Director it was 1 MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows, that the contract for the furnishing of tires and. tire service for a period of one year be awarded to the Goodyear Tire Company, Arcadia. The basis for the recommendation contained 'in a communication dated March 9, 1970. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine The City Attorney advised that the Summit Management Corporation had requested certain'revisions in the Option Agreement for the purchase of city owned land on Santa Anita between Wheeler and Santa Clara; that the changes would not substantially alter the provisions of the agreement and appear to guarantee the construction of the building. 'Some discussion held on the title policy payment and it was the con- Sensus of Council that the agreement should not be amended to provide for this payment by the City. It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows, that the Option Agreement be amended thusly: delete the last paragraph and add a requirement that Summit Management Corporation obtain a building permit to construct the building and a construction loan in the amount of at least $2,000,000; that a further provision be added to require that satisfactory evidence be furnished that all conditions precedent have occurred or have been performed, AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine On MOTION by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, the firm of Pyle, Lance, Schlinger and 'I Soll was reappointed as the independent auditors to examine the city books for the fiscal year ending June 30, 1970, The Agreement to be on the same terms as approved in the agreement for the 1968-69 fiscal year and on file in the office of the City Clerk. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine The City Attorney explained that one of the police officers had been injured on duty on March 26, 1969; that he was off duty for a considerable length of time; that a settlement had been negotiated, however, not for the city. He stated further in part that the officer 3-17-70 - 6 - 1 ij;,~"" VACANCIES BOARDS/ COMMISS:toNS ADJOURNMENT 1 18:7601 had received full pay during his absence at a cost of $3,164.96 to the city; that the State Compensation Insurance Fund had reimbursed the City $975, leaving the City out of pocket $2,189.96. He advised that $1,606.50 was forthcoming from the insurance company and asked authority to settle the claim in that amount, which authority was granted on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth None Councilman Considine The City Manager the attention of recent meeting. will obtain data concerning legislation brought to city officials by Supervisor Frank Bonelli at a Mayor Arth will sign a communication in this regard. The City Clerk reminded Councilmen Hage and Helms of their joint responsibility in an appointment to the Sister City Commission to fill the vacancy created by the resignation of Thomas McKibben, said term to expire June 30, 1973. It was also noted that the Arcadia Beautiful Commission is not as yet complete. At 10:25 P.M. it was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried unanimously that the meeting ADJOURN sine die. 0~~~ Mayor . ATTEST: ~ ~k City Clerk 3-17-70 - 7 -