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HomeMy WebLinkAboutMAY 19,1970 1 1 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL f: CONDITIONAL USE PERMIT 18:7627 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING MAY 19, 1970. The City Council of the City of Arcadia, California, met in an adjourned regular session in the Council Chamber of the Arcadia City Hall on May 19, 1970, at 7:30 P.M. City Clerk Christine Van Maanen Mayor Edward L. Butterworth PRESENT: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None On MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously, the Minutes of the regular meeting of May 5, 1970, were APPROVED. Councilman Considine ABSTAINED from voting as he was absent from a portion of the meeting. Continued consideration on the action of the Planning Commission as set forth in its Resolution No. 697 granting a conditional use permit for the remodeling of a service station at 101 E. Duarte Road. The matter had been continued several times from the regular meeting of April 7 to permit an opportunity for the applicant, Ray G. Boardman, to confer with the Director of Public Works and his lessee, the Texaco Company, concerning requirements for drainage, a 15' radius corner cut-off and undergrounding of utilities. The Planning Director exhibited the layout of the property and improve- ments indicating the proposed property line with the corner cut-off. The applicant informed Council that he could and would comply with all conditions except the undergrounding and asked for the deletion of that particular requirement as it would impose hardship at this time. Discussion ensued during which the Director of Public Works felt the requirement should be complied with inasmuch as it was made a condition of approval for a similar conditional use permit at a service station at Las Tunas and Baldwin Avenues; Councilman Helms felt that there is a difference between the two stations. Pole locations were explored. The City Attorney submitted that there is a possibility the latter service station owner may petition Council for release of the subject requirement also based on hardship. Following further deliberations it was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that the action of the Planning Commission, in its granting a conditional use permit subject to conditions, be RATIFIED except that Condition 4 under Section 3 of Resolution No. 697 be deleted; that at such time as undergrounding takes place within the community or in that particular section of the community that undergrounding be installed at the subject location. AYES: NOES: ABSTAIN: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Councilman Arth, due to his business affiliation. None 5-19-70 - 1 - f: 18: 7 628 The Planning Commission had granted a conditional use permit for the construction of a new service station at 704 W, Huntington Drive, subject to conditions as set forth in its Resolution No. 700. The (Huntington Planning Director noted the proposal on projecturals which indicated Drive, 704 W)existing improvements on a portimof the property. Some discussion held on the requirement that a lot split application be filed which would divide the southerly 86.75' of the parcel; that this be done prior to the issuance of a building permit. CONDITIONAL USE PERMIT TRACT NO. 25174 APPROVED (Street name referred to Planning Commiss ion) ;; IJ-/7 It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that the action of the Planning Commission in the granting of a conditional use permit 1 for the reconstruction of the service station (Shell Company) be RATIFIED. All in accordance with conditions set forth in Resolution No. 700. AYES: NOES: ABSENT: ABSTAIN: Councilmen Considine, Hage, Butterworth. None None Councilman Helms did not participate or vote in the proceedings due to his long-standing association with the operator of the station.Councilman Arth abstained due to his business affiliation. It was noted in a communication from the Planning Department that this matter was being brought before Council without having prior approval of the Planning Commission for expeditious reasons. That the final map is in substantial compliance with the approved tentative tract map and was recommended for approval. However, the street name had not been agreed upon. Section 9113.2.7 of the Arcadia Municipal Code provides that names of proposed streets shall be approved by the Planning Commission only after report and recommendation of the City Engineer. Councilman Considine asked why the departure from normal procedure, that in his opinion the matter should go to the Planning Commission for its recommendation prior to submission to Council. The City Attorney explained that there was an administrative delay and it was his judgment that the matter could be handled in this way, subject to concurrence of the commission and the Director of Public Works in the name of the street. It was MOVED by Councilman Arth, seconded by Councilman Hage, that the final map be APPROVED subject to further approval of the name of the street and with full compliance with all administrative details of the Arcadia Municipal Code and the Subdivision Map Act. The matter of the street name to be referred to the Planning Commission at its next regular meeting. Prior to recording the vote on the motion Arthur Bauman, subdivider, stated in 'part that according to the code the City Engineer may recommend a street name, not to specifically name it - that the subdivider has a right to appeal to the commission and referred to a communication he had written to the commission dated March 2 asking that the street not be named Claridge as recommended by the City Engineer and citing reasons therefor. That the commission had agreed that the street not be so named. He asked that the matter not be further delayed and that Council approve the street name. He expressed opposition to the manner in which the matter had been handled by the City Engineer. 1 Mayor Butterworth replied in part that the matter must be judged on merit and that the City Engineer has the complete confidence of the Council and the City Manager; that the law must be applied to all persons alike and referred to the code section requiring the commission 5-19-70 - 2 - 1 1 18:7629 to approve the name of a street after report and recommendation of the City Engineer; that Council regrets the delay and is endeavoring to expedite the proceedings by its action as set forth in the motion as stated. Roll call vote was then recorded as follows: AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None Councilman Considine stated for the record that he voted lIaye" because of the delays which have already occurred; that in his opinion as long as the proper procedure is to have final subdivision maps approved by the commission before being presented to council, he felt strongly that such legislation should not be aborted for any reason. AUDIENCE PARTICIPATION ('Y'v.1..f AGENDA ITEMS FIREWORKS APPROVED 7-/J; CULTURAL HERITAGE PLAN /!;;?~ Arthur Bauman spoke once again to his opposition of the manner in which the City Engineer handled his tract map and asked the proper procedure to follow in setting forth his reasons why he believes the City Engineer should be asked for his resignation. Mayor Butterworth advised him to submit a letter to Council. Mrs. William Gleason, 901 Monte Verde Road, referred to a brochure which Santa Anita Consolidated, Inc., mailed to residents concerning a Fashion Park it proposes to construct on a portion of race track property. She evinced an interest in knowing whom to invite to meetings who could present an opposite side of the picture. She was informed that the entire matter will require public hearings before the Planning Commission and the City Council at which time questions and answers will be forthcoming. On MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously, the American Legion Arcadia Post No. 247 was granted per- mission to hold its annual public fireworks display on July 4 and to sell fireworks on July 2, 3, and 4, Public liability and property damage insurance certificates on the display and on each stand for sale of merchandise to be filed with the City Clerk. Any fee connected therewith was WAIVED. The City of Pasadena invited the city to join in an area cultural plan which would encompass many important heritage landmarks and cooperation among neighboring communities could result in an impressive list of famous landmarks from which all participating cities could benefit. Council expressed enthusiasm for the program and the City Manager will convey the thinking of Council to the Chairman of the Pasadena City Board of Directors and will keep council informed on progress. The City Manager and Director of Public Works recommended approval of plans and specifications for installation of Sidewalks (Phase V). It was noted that in the Fall of 1969 Council had approved calling bids for ~lase IV, but bids received were too high and Council elected to n reject all bids and readvertise in the Spring of 1970 together with /!-1)l Phase V which has been scheduled for 1970, Maps indicating the location of sidewalks for Phase IV and Phase V were reviewed. Total cost estimate for both phases is approximately $150,000 and funds in this amount were approved in the fiscal year 1968-69 and fiscal year 1969-70 Capital Improvement Program. Included in Phase IV is the SIDEWALK PROGRAM JI; 5-19-70 - 3 - " SANTA CLARA BRIDGE Job 331 .1-(; 4I.JA AWARD OF CONTRACT DUAL FUEL SYSTEM f'0(-- / ;/ Y-u:J 18:7630 proposed construction of sidewalks on Highland Oaks Drive from Foothill Boulevard to Sycamore Avenue. The property owners on Highland Oaks Drive asked that the sidewalks not be constructed, or if considered necessary by the Council, that they be located next to the curb instead of at the property line. Plan showing the existing topography and the sidewalk at curb line and property lines was reviewed. It was agreed that sidewalks are urgently needed for pedestrian safety and recreational purposes in multiple R or commercially zoned areas. All previous sidewalk programs have been limited to R-l zoned areas with the exception of Second Avenue. It was MOVED by Councilman Considine, seconded by Councilman Helms I and carried on roll call vote as follows, that the plans and specification for Phase V be approved; that the City Clerk be and she is hereby authorized to advertise for bids for both Phase IV and Phase V as presente by staff. (See motion below for sidewalk location on Highland Oaks Avenue). AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Councilman Arth then MOVED to modify the location of the sidewalk on Highland Oaks Drive so it will be constructed at the curb line and not at the property line as reflected on the plan. Councilman Hage seconded the motion which was carried unanimously. The City Manager explained that Council approved an agreement with Neil Richards & Associates for engineering services for the Santa Clara bridge Job No. 331 on December 19, 1967. The agreement set forth terms of payment. He explored the unusual delays in the project. (Report dated May 15, 1970), Due to the delays, the consultant had requested payment in the amount of the 5% due on award of contract for the construction of the bridge and equestrian tunnel, however, it will not be possible to advertise for bids until during the month of June. It was MOVED by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows, that the recommendation of the City Manager as to payment be accepted and that Council authorize payment of 70% of the submitted statement and that the balance be paid in conformance with the approved agreement. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Manager reported on the following bids received for the installation of a natural gas refueling system at the City Yard and recommended the award of contract to the low bidder: 1 Benz Engineering, luc General Air Equipment Western Air & Hydraulics Compressor Systems, Inc. Pneumetrics, lue Pneumetrics, Inc. (Alternate) $ 8,995 12,972 14,000 15,650 16,472 13,259 It was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that the contract for the dual fuel system be awarded the low bidder, Benz Engineering, Inc., in the amount of $8,995; that the project be financed from Council Contingency Account; that all other bids be rejected; that any 5-19-70 - 4 - 1 1 LANDSCAPING s;9L,{ am:t 18:7631 informalities 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. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None It was noted that the awardee must order the pressure vessel from the east, delivery of which cannot be made in less ,than eight weeks. The specifications called for all work to be completed in six weeks time, but since the bid is so favorable it was the recommendation of the City Manager and Director of Public Works that the time limitation be changed to ten weeks. Council received and ordered filed the report dated May 12 on the status of the city's request of the County Flood Control District that it delete Drain No. 7 from its proposed 1970 Bond Issue and that funds be made avail- able for landscaping projects within the city. FIRE Council received a memorandum submitted to the Board of Supervisors from HAZARD, J the County Chief Administrative Officer concerning assistance in reducing ;. 11.0-{Yv!.r:J flood control hazards from the Little Santa Anit~ Canyon fire. ~pprecia- " /?' r tion was expressed and a letter to that effect wlll go to SuperVlsor 0--....,"--' Frank G. Bonelli. TOPICS PROGRAM 7" ') . V TOUR OF CITY OWNED PROPERTIES tt-r Council received a report dated May 5, 1970, from the State Department of Public Works concerning available funds under the Federal'Topics Program. The City Manager advised that a recommendation for the use of '- ~~~~the funds will be forthcoming. June 6 was scheduled for the review of city properties by members of Council and the various boards and commissions. A sum of $70 was AUTHORIZED from Council Contingency Account to underwrite transportation costs on MOTION by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None COMMUNICATIONS Copies of future communications from citizens will go to Council and to the various boards/commissions where pertinent EXCEPT on most routine matters. 0r APPOINTMENT Mayor Butterworth, with the concurrence of council members, appointed Councilman Hage to represent the city on the Independent Cities of Los r' Angeles County Association. BUDGET HEAR ING DATE SCHEDULED June 16 -'1''-< ~ I On MOTION by Councilman Helms, seconded by Councilman Considine and carried unanimously, June 16, 1970, at 7:30 P.M., was scheduled for the public hearing on the budget for the fiscal year 1970-71. It will be so noticed. 5-19-70 - 5 - , ORDINANCE NO. ~411 ADOPTED / ORDINANCE NO. ~4~2 INTRODUCED ~8:7632 The City Attorney presented for the second time, exp~ained the content and read the t it Ie of Ordinance No. ~411, ent it ~ed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING ,SECTION 9275.2.9 OF . THE ARCADIA MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMIT APPEALS." It was MOVED by Counci~man Hage, seconded by Counci~man Considine and carried on rol~ ca~l vote as fo~~ows, that the reading ,of the full body of Ordinance No. 14l~ be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Attorney presented for the first time, explained the content and read the tit le of Ordinance No. l4~2, entit ~ed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA REPEALING SECTION 2111 OF THE ARCADIA MUNICIPAL CODE AND AMENDING SECTION 2110 OF SAID CODE RELATING TO MEETING TIMES OF THE CITY COUNCIL." I It was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Ordinance No. ~4~2 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None RESOLUTION The City Attorney presented, explained the content and read the title NO. MBfJ '-/J~ of Resolution No. 5030, entit led: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING PROPOSITION # 7, RELATING TO STATE ADOP'rED BONDS PREVIOUSLY APPROVED." I It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on rol~ call vote as follows, that the reading of the full body of Resolution No. 5030 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None RESOLUTION The City Attorney presented, explained the content and read the title NO. SW54'-j/3'1of Resolution No. 5034, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 15 OF LOS ANGELES COUNTY, AND DESIGNATING AN ALTERNATE MEMBER THERETO." ADOP'rED r/ It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5034 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None 1 RESOLUTION The City Attorney presented, explained the content and read the title NO. ~ r{/~j of Resolution No. 5035, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES COUNTY, AND DESIGNATING AN ALTERNATE MEMBER THERETO." ADO P'rED' j It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5035 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None 5-19-70 - 6 - 18: 7 633 RESOLUTION The City Attorney presented, explained the content and read the title NO. ~/f3t of Resolution No. 5036, entitled: "A RESOLUTION OF THE CITY COUNCIL ~ OF THE CITY OF ARCADIA COMMENDING THE STUDENT PARTICIPANTS AND ADOPTED PROFESSIONAL DIRECTORS OF THE ARCADIA HIGH SCHOOL MARCHING BAND,.THE CONCERT BANDS AND ORCHESTRA." 1 RESOLUTION NO, ~1/31 ADOPTED /' 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 Resolution No. 5036 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Attorney presented, explained the content and read the title of Resolution No. 5037, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPOINTING A MEMBER AND AN ALTERNATE OF THE CITY COUNCIL TO THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT CITY SELECTION COMMITTEE." 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 Resolution No, 5037 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None RESOLUTION The City Attorney presented, explained the content and read the title NO. 5tr.m '-/f3iJ of Resolution No. 5038, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING RELEASE OF DECLARATION OF COVENANT IN ADOPTED CONNECTION WITH FINAL APPROVAL OF TRACT MAP If 25174." .,..-- PENDING LEGISLATION ~f 1 SIGNS LOWERED ~ \ , /' ,,' ./)~'./ ~ It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5038 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Councilman Considine explored legislative matters which were discussed in a recent League of California Cities Board of Directors meeting. Digest will be forthcoming. Letter of appreciation will go to the Union Oil Company for its action in lowering one of its trademark signs which is in county territory but readily seen from the city. OPPOSE It was the consensus of Council that letters of opposition go to LEGISLATION' members of the committees on Bill Nos. 941, 1293 and 1294. ~ .. I ,'I ( i'~ /./,'.... 'I PROPOSED FASHION PARK ~p/'y1 Mayor Butterworth referred to enormous pressures under which Council and the Planning Commission will be placed during the period of consideration of the proposed Santa Anita Fashion Park; that it would seem highly important that both bodies be as factual about the matter as possible and suggested retaining Simon Eisner and Associates; Mr. Eisner, (General Plan Consultant) to make studies and to advise from the standpoint of an expert. It was agreed that it is indeed an integral part of the General Plan which is to be a road map to the future of the city. Staff will contact Mr. Eisner. 5-19-70 - 7 - ENTRANCE TO CITY ADVERTISING VIOLATION PLANNING COMMISSION MEETING TIME EXECUTIVE SESSION RECONVENE AND ADJOURNMENT I I 18:7634 On suggestion of Mayor Butterworth a study will be made on improving the appearance of the entrance to the city on West Huntington Drive. Some discussion held on prosecuting violators of advertising matter by a throw-away method. City Attorney will pursue. The City Attorney will prepare a resolution changing the time ,the Planning Commission convenes its regular meetings from 8 p. M. to 7:45 P.M. At 9:30 P.M., Council, with the City Manager, entered an executive session. At 10:30 P.M., Council reconvened and adjourned immediately there- after, on motion by Councilman Helms, seconded by Hage and carried unanimously. Council will meet for a budget study session on May 26, 1970, at 7 P.M., in the Conference Room. /iJL~~ Mayor ATTEST: f!if,,-c:fl74.);_ ~ City Clerk 5-19-70 - 8 - 1 1