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HomeMy WebLinkAboutAPRIL 7,1970 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION REARING (Street Vacation) 1--I)~; 18:7602 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 7, 1970 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the Arcadia City Hall on April 7, 1970, at 8:00 P.M. Councilman James R. Helms, Jr. Mayor C. Robert Arth PRESENT: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None On MOTION by Councilman Rage, seconded by Councilman Helms, and carried unanimously, the minutes of the regular meeting of March 17, 1970, were APPROVED. On behalf of the City Council, Mayor Arth presented a plaque of appre- ciation to Thomas B. McKibben for his efforts and accomplishments while a member of the Sister City Commission. Mr. McKibben retired from the commission March 3, 1970, Time scheduled for hearing objections to the proposed vacation and abandonment of a portion of Wistaria Avenue betw~1~p_ella Vista Drive and Holly Avenue as set forth in Resolution No. ~~. This is in connection with the development of the Baldwin Stocker Park. 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 Butterworth and carried unanimously. RESOLUTION Whereupon the City Attorney presented, explained the content and read NO. 5il25 00'..,'J the title of Resolution No. 5025, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION OF A PORTION OF ADOPTED WISTARIA AVENUE BETWEEN BELLA VISTA DRIVE AND HOLLY AVENUE." I ~I \~? ZONE CHANGES REARING 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. 5025 be WAIVED and that same be and it is hereby adopted. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None Planning Commission recommendations as set forth in its Resolution No. 695 concerning certain changes in the zoning subdivision ordinances. Sections of the Municipal Code recommended for amending were considered in separate hearing procedures ~ as follows: SECTIONS 9113.1.3, 9122 and 9122.,1 - to be amended to require an increase in the radius of notification for public hearings from 100' to 300'. It was noted that the effects of a lot split or subdivision often extend beyond a radius of 100' and the Commission recommends the extended coverage. It was also recommended that the filing fee be increased from $50 to $55, which was felt to be justified by the increased cost of processing notices. - 1 - 4-7-70 18:7603 Mayor Arth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Hage and carried unanimously. It was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that these sections be APPROVED for amendment. SECTION 9275.2.9 - to be amended to reduce from 10 days to 6 days the time within which an appeal may be filed from the decision of the Planning Commission on an application for a conditional use permit. Mayor Arth declared the hearing open and no one desiring to be heard, the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. Considerable discussion held on this proposed amendment with particular I emphasis placed on the desire of Council to have written into the section a provisioa whereby CouaciI reserves uato itseIf the right of appeaI after the recommended six day period. Iadividual observations were made on this and on the coaditional use permit which CounciImaa Butterworth felt is a dangerous provision in the zoning ordinance, departing from the concept of objective standards depending upon the way a commission and a counciI feeI about a matter at a given time. The time element involved in the granting of a conditional use permit was explored. It was the consensus of Council that the section should be redrafted, whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that this section be referred back to the City Attorney for redrafting. SECTION 9276.2.11 - be amended to provide that for buildings in excess of three stories in height, off-street parking shall be provided at the ratio of one space per each 300' of gross floor area. 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 unani- mously. Following discussion it was MOVED by Councilman HeIms, seconded by Councilman Butterworth and carried unanimously that this section be APPROVED excIuding any areas designed for off street parking. SECTION 9263.6.5 -which requires plant nurseries, as well as other uses in a C-2 zone, to store all merchandise within a building - to be amended to allow on a conditional use permit basis,juurseries to store plants outside of the building from which the business is conducted. 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 Considine and carried unanimously. Discussion held on the requirement for a conditional use permit with Councilmen Butterworth and Considine of the opinion that the more conditional use permits'xe~uired the less the city has a firm ordinance or law governing what persons do; that in the subject instance the nursery or a store with a nursery department could be given the right to store plants on the outside of their building if it does not interfere or conflict with fire protection and/or the public right of way. Council was in accord with the amended section with the exception of the conditiOI use permit requirement. It was MOVED by CounciIman Helms, seconded by Councilman Hage and carried on roll call vote that this section be APPROV with the conditional use permit clause. AYES: Councilmen Hage, Helms, Arth NOES: Councilmen Butterworth, Considine ABSENT: None SECTION 9112.4 - to be added to the subdivision ordinance to provide a minimum lot requirement of 12,500' in two separate areas: (1) bounded by Palm Drive on the north, El Monte Avenue on the'east, Las Tunas Drive on the south and Holly Avenue on the west, with the exception of Longley Way school property and the presently unzoned LongIey Plant. (2) Bounded 4-7-70 - 2 - I TRACT NO. 29895 (Tentative Map) I .~Id~~ : 18:7604 by the northerly property line of Tract No. 7122 on the north, Highland Oaks Drive on the east, the southerly property line on Lots 4 and 14 of Block 1, and Lots 4 and 15 of Block 2 of Tract No. 4129 on the south and Santa Anita Avenue on the west. The Planning Director defined the areas -in question on projecturals and explained the reasons for the recommenda- tions. Mayor Arth declared the hearing open and asked if Mr. Rognstad was present and if so, would he like to speak to the matter. It was noted that Mr. Rognstad had telephoned certain councilmen concerning this. No one responded or desired to be heard and the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms, Arth Councilman Rage None Discussion held on the telephone contact by Mr. Rognstad with Councilmen Butterworth and Hage and it was noted by both that they had given no indication whatsoever as to how they would vote on the matter or whether or not they would vote for a delay in action when it came before council in regular session. Councilman Helms noted that the Council does not make decisions when not in official session and no one should presume its actions. (Mr. Rognstad is interested in the area described in (1). The first reading of the ordinance effecting this amendment will come before Council at the next regular meeting - April 21. It was then MOVED by Councilman Helms, seconded by Councilman Considine and carried on roll call vote as follows, that this new section be APPROVED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None Councilman Hage explained that he voted 'no' on the closing of the hearing for the express purpose of making allowance for testimony which may not have been received, but was in favor of the section as recommended and approved. CONTINUED. This matter was held over from the March 17 meeting to allow time for members of Council to view the property in question (western extension ,of Winnie Way to Lovell Avenue). The subdivider, O. M. Knutsen, had felt two of the conditions imposed in the approval of the tentative map were unrealistic and had made presentation~ therefor at said meeting. He once more explored the ramifications of the development and asked that those two conditions be reconsidered. Be it noted that the Planning Commission recommendation for approval includeq conditions .requiring Lots 5 and 6 to be made into one l~t and Lots 14 through 17 to be made into one non-developable lot. Councilman Hage advised that he had visited the subject site and had concluded that based on adjacent improvements, Lots 5 and 6, although less than the 7500 sq. ft. requirement, would be better developed as individual lots - that he did not feel it would set a precedent in future improvements in the area. He was also of the opinion th~t Lots 14 through 17 should be made into separate trust lots. e'r Lewis R. Peters, 530 W. Camino Real, ~T~gf~f lB~ 17, favored the individual trust lots as he would like to pay for the improvements on the portion on the rear of his property and build a new house which would then face the new street. Discussion held on the possibility of the owners of the four parcels (14 through 17) cooperating in an exchange of land to the point where 75' wide lots could be accomplished. 4-7-70 - 3 - 0'. CONDITIONAL \ USE PERMIT (Church) CONDITIONAL D \ USE PERMIT \ . (Service Station) CONTINUED PLACARDS APPROVED 18:7605 Councilman Hage MOVED to permit trust lots. Motion seconded by roll call vote as follows: Lots 14 through 17 to become individual Councilman Butterworth and carried on AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Arth Councilmen Considine, Helms None Councilman Hage further MOVED that Lots 5 and 6 be permitted to develop as two individual lots. MOTION DIED FOR LACK OF A SECOND. Councilman Helms MOVED to require Lots 5 and 6 to be developed as one lot. Motion seconded by Councilman Considine and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms, Arth Councilman Hage None Councilman Butterworth then MOVED that the tentative map of Tract No. 29895 (western extension of Winnie Way to Lovell Avenue) be APPROVED subject to the recommendations of the Planning Commission, Department of Public Works and the Water Department - with one change - Lots 14 through 17 to be made into individual trust lots. Lot 18 was already recommended for a trust lot. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None The action of the Planning Commission in the granting of a conditional use permit for the use of property at 601 E. Live Oak Avenue for church purposes, subject to specified conditions in Resolution No. 696, was RATIFIED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. The Planning Commission, by Resolution No. 697, granted a conditional USe permit to Ray G. Boardman for the remodeling of a service station at 101 E. Duarte Road. The applicant, owner of the property, leased to the Texaco Company, stated in part that he was unable to attend the Planning Commission meetings due to hospitalization and that his application was strictly for the beautification and modernization - no structural changes whatever. He explored the conditions imposed by the Commission and he asked Council to reconsider No. 2 requiring all drainage to be intercepted and conveyed to the gutter by a pipe under the sidewalk or into an existing storm drain catch basin, No.3 ,concerning a IS' radius corner cutoff and No.4 requiring underground utilities. He stated in part that. Texaco Company would cancel his lease if he has to comply with the 15' radius cutoff from the corner of First Avenue and Duarte Road. I Discussion ensued and the matter was CONTINUED until the regular meeting of April 21. The City Engineer will supply Council with a visual map indicating the 15' radius and its effect on the driveway. In response to a request by Councilman Butterworth, Mr. Boardman will bring his lease with the oil company. He will confer with the City Engineer during the interim. On MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously, the request of the League of Women Voters for permission to install signs reminding persons to vote in the forthcoming municipal election was APPROVED. 4- 7 - 70 - 4 - RAILROAD R/W landscape ADVERTISE FOR BIDS I WILDERNESS PARK ~1;)1 BALDWIN STOCKER PARK 1{1~3e, I ~. REFUNDS APPROVED 18:7606 On MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously the City Attorney will prepare a resolution requesting the Public Utilities Commission to institute a study as to the feasibility of requiring railroads throughout the State of California to beautify railroad rights-of-way in urban areas through proper landscaping and maintenance thereof. On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously the plans and specifications for the improve- ment of Live Oak Avenue from Third Avenue to the east city limits were APPROVED and the City Clerk was AUTHORIZED to advertise for bids to be returned April 20. Funds from presently budgeted State Gas Tax. On MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, the recommendation of the Director of Public Works concerning the extension of the recreation area at Wilderness Park was APPROVED and he was AUTHORIZED to formally apply for a permit from the Los Angeles County Flood Control District for the utilization of its property for the intended recreational use and con- struction of a parking lot; and that the sum of $2500 be included in the Department of Public Works' 1970-71 budget to cover the cost of this project. The Director of Public Works was commended for his ingenuity in this application. (See report dated April 3, 1970, and on file in the office of the City Clerk). AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Rage, Helms, Arth None None The City Manager advised on the following results of the bids received for the development of the Baldwin Stocker Park and made recommendation for the award of the contract to the low bidder if qualified. Victor Construction Co., lnc John T. Goedhart Diamond Builders Moulder Bros. California Landscape Norman Phillips, Inc. Valley Crest Landscape Co. Mallcraft, Inc. $ 73,923.00 77 ,990.00 81,173.00 89,622.00 92,500.00 93,000.00 94,974.00 98,133.00 It was MOVED by Councilman Helms, seconded by Councilman Considine and carried on roll call vote as follows, that the contract be awarded to the low bidder, Victor Construction Company, Inc., if qualified, in the amount of $73,923.00; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived, and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney; that $85,000.00 be appropriated from Reserve for Capital Improvement Account No. 285 to Capital Improvement Account No. 645 to cover the cost of the contract, the architect's fee, blueprint charges and contingencies. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None On MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote, the following unused portions of business license fees were APPROVED for refund: ...~...~--~ -~" E. F. MacDonald Shopping Bag Food Stores 610 Las Tunas Drive E. F. MacDonald Shopping Bag Food Stores 1407 S. Baldwin Avenue Edwards' Theatre, Inc 135 Colorado Place - Cinema land Theatre $ 53.13 $ 93.75 $ 62.50 AYES: NOES: ABSENT: Butterworth, Considine, Hage, Helms, Arth Councilmen None None - 5 - 4-7-70 FOOTHILL BOULEVARD JURISDICTION ~~W~A \ EVENT S APPROVED \ ~l~~r ~'~S'ALARY ,j Recreation Director 18:7607 Council received information that the California Highway Commission had adopted a 1esolution of relinquishment to the City of Foothill Boulevard between Santa Anita Avenue and Fifth Avenue. The relin- quishment will become effective upon recordation of the resolution and the City will be so notified. On MOTION by Councilman Helms, seconded by Councilman Considine and carried unanimously, the West Arcadia Business and Professional Association was granted permission to hold the following events: Sidewalk Sale Junior Achievement Trade Fair Mid-Valley Art Festival April 11 April 18 May 7, 8, 9 I City to be named as additional insured and plans are subject to the approval of the Director of Public Works. The City Manager advised of the official appointment of Charles Greenstreet as Recreation Director and recommended a salary increase. It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the salary be established at $1200 per month. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None RESOLUTION The City Attorney presented, explained the content and read the title NO. ~ '-//,;20 of Resolution No. 5026, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RELATING TO GENERAL PLAN ASSISTANCE." ADOPTED ~ \\t), 0 FINANCIAL SUMMARY APPOINTMENT (USE OF VACANT BUILDINGS n E SKATING FACILITY It was MOVED by Councilman Hage, seconded by Councilman Butterworth andmrried on roll call vote as follows, that the reading of the full body of Resolution No. 5026 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Helms, Arth None None On request of Councilman Considine, the City Manager explained the Finance Director's summary sheet concerning Santa Anita Race Track revenue. On MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously, the Water Manager, John Grivich, was appointed the new representative to the Upper San Gabriel Valley Association Board of Directors. Staff will investigate the possibility of renting the vacant building I at the southwest corner of Duarte Road and First Avenue as a teen-center and/or community center. Other locations also explored. ' Staff will also investigate the for parking cars and the like. should be removed. current use of the said vacant property It was noted that weeds and debris Staff will also check into the proposed ice skating rink on First Avenue just south of Huntington Drive, as that facility would be extremely welcome and should be encouraged to locate here. 4-7-70 - 6 - . I I FIRE & POLICE PENSION PLAN STUDY rl ADJOURNMENT 10:30 P.M. 18:7608 The City Manager advised that staff has been negotiating with a committee from the Fire and Police Employees Group on the revision of the Pension Plan; that the latest figures indicate it would cost about $100 to secure an actuarial study which would bring the cost figures up to date and recommended the preparation of such a study. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows, that $100 be appropriated from Council Contingency Fund for such purpose. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Rage, Helms, Arth None None There being no further business it was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously, that the meeting adjourn sine die. (), ;P deJ d!Ji Mayor ~j a ATTEST ~;;tj;)~~~~ City Clerk . 4-7-70 - 7 -