HomeMy WebLinkAboutMAY 3,1966
1
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL
OF MINUTES
(4-19-66)
PRESENTATIONS:
HEARING
(zone
variance)
Denial
P:~
U"~,h_,(..~
1
17 :6771
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
MAY 3, 1966
The City Council of the City of Arcadia, California met in regular
session in the Council Chamber of the Arcadia City Hall on May 3,
1966 at 8 P.M.
Rev. Everett Swedenburg, Church of the Good Shepherd, Methodist
Mayor George L. Forman
PRESENT:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
The Minutes of the Regular Meeting of April 19, 1966 were APPROVED,
as submitted in writing, on MOTION by Councilman Butterworth,
seconded by Councilman Considine and carried unanimously.
James H. Hastings, member of the Personnel Board, who has resigned
from the Board inasmuch as he is leaving the City, was presented with
a Plaque, and Mayor Forman on behalf of the City Council expressed
appreciation for his efforts and accomplishments while serving on the
Board.
John L. Longden, Jockey and long time City resident, was presented
with a Resolution recognizing him as one of the outstanding citizens
of the City.
Application of the Arcadia-Monrovia Realty for a zone variance to
permit the construction of an apartment above ground floor offices at
414 S. First Avenue had been recommended for denial by the Planning
Commission. This decision was subsequently appealed by the applicant
and a public hearing was scheduled for this date.
The Assistant Planning Director explained that the Commission was of
the opinion that the granting of the variance and the development and
use of the property as requested would adversely affect the
comprehensive general plan, particularly as recommended by the
relatively recent amendments to the zoning ordinance. He also
projected the proposed layout and plot plan; following which Mayor
Forman declared the hearing open and in response to his inquiry if
anyone desired to speak to the matter, the applicant, Mr. George
Marks, addressed Council asking for favorable consideration of his
request and referred to a communication directed to the Council
members outlining his proposal. No one else desiring to be heard it
was MOVED by Councilman Butterworth, seconded by Councilman Considine
and carried unanimously that the hearing be CLOSED.
It being the consensus of the City Council that the unanimous action
of the Planning Commission be sustained, it was MOVED by Councilman
Butterworth, seconded by Councilman Considine and carried unanimously
that the appeal be DENIED.
1.
5-3-66
ANIMAL
CLINIC
(zone
variance)
p: 1t"J-
,
U-o/v<Lt/k ('. c.....
MOTION
approved
17 :6772
Planning Commission Resolution No. 584 recommending the granting of
a zone variance to permit a household pet clinic in C-1 on property
located at the northwest corner of Second Avenue and Foothill
Boulevard (Highlander Shopping Center).
The Assistant Planning Director explained that veterinary hospitals
or clinics are permitted in C-2 zones subject to the issuance of a
conditional use permit, but not in Zone C-l; that the proposed use
of the property constitutes an exceptional circumstance or condition
applicable to the intended use of the property that does not
generally apply to the property or class of use in the same zone or 1
vicinity; that in the opinion of the Commission the granting of the
zone variance upon the recommended conditions would not be materially
detrimental to the property or improvements in said zone or vicinity
and would not adversely affect the comprehensive general plan.
Although this was not a noticed hearing Mayor Forman permitted the
applicant, Dr. M. D. Schmutz, to speak to the matter. He stated in
part that animals would not be kept overnight except that during
emergencies they would be maintained under sedation throughout the
night; that any cases which cannot be handled in this manner would be
transferred to an animal hospital. He noted office hours would be
from 8 A.M. until 6 P.M. and that he would employ another veteri-
narian to assist him; that the operation would be on an appointment,
basis, except in the treatment of an emergency case. He explainedr-
this procedure. In conclusion he asked for favorable action on the '\
recommendation for approval.
Dean Earnest, employee of an animal hospital at 311 N. Santa Anita
Avenue, protested the type of operation proposed and inquired as to
whether or not Dr. Schmutz would practice full time or have his
secretary treat animals. He noted that he worked for him in the
past.
Mrs. Schmutz briefly addressed the City Council with reference to
statements made by Mr. Earnest, However, Mayor Forman reminded the
participants that the City Council is considering the zon'ing only.
William Beckwith, 143 E. Sycamore Avenue, also protested the operation
in the proposed location. He stated in part that in his opinion pet
shops should not be permitted in the locations where C-l adjoins R-1
property.
Discussion ensued with Councilman Considine referring in part to the
Code Section under which a bird or pet shop could operate in the same
location without a zone variance; that he could see very little
difference in a pet shop and the proposed use; that it could not be
en likened to a kennel which would be objec'tionab1e due to the barking
annoyance.
1
Councilman Arth was of the op1n10n that the usage is not compatible
with the proposed shops in the quality shopping center.
Councilman Hage felt that there had not been definite answers and
that a judgment could not be made on what had been discussed thus far.
Following further consideration the following MOTION was made by
Councilman Considine: '
That the City Council sustain the unanimous action of the Planning
2.
5-3-66
1
\.
(
,
TRACT
NO. 26886
(tentative)
DENIED
J 17-'--
1
MEDICAL WASTE
DISPOSAL
S,'~
17 :6773
Commission and approve the operation of the household pet clinic upon
the following conditions:
1. That no animals shall be kept or maintained on the
premises overnight.
2. That no animal shall be left unattended on the premises,
and a licensed veterinarian shall be assigned full time
to and be on call for duty at said location at all times
during which said pet clinic is open for business or any
animal is kept or maintained therein.
3. That the variance hereby granted shall be for a period of
one year only. That prior to the expiration of one year
the City Planning Commission shall review the past operation
of the pet clinic and report its findings and recommendations
to the City Council, this City Council reserving the right
to extend the variance from year to year, after similar
review and report, and to modify the conditions and to add
new conditions thereto as found to be necessary, all without
the necessity of further notice or hearings in the matter.
In seconding the motion Councilman Butterworth observed that he did
not like to see the proposed use next to Zone R-1, but the mistake
had been made at some earlier time'and referred to the permitted uses
in C-1 zone.
Motion was then carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmen Butterworth, Considine, Forman
Councilmen Arth, Hage
None
The City Council considered at length the recommendation for denial
without prejudice by the Planning Commission on the tentative map of
Tract No. 26886 (343 W. Colorado Boulevard). The denial was on the
basis that the proposed nine lot subdivision does not meet the
minimum standards of the City, particularly in the width of the lots
which deviates from Code requirements, and compounds existing traffic
hazards in the area. The Commission did however favor developing the
subject property into single-family residential which is compatible
with the surrounding use and zoning.
In discussion the City Council explored ways in which the property
could be developed and all were in accord that the proposal has merit
except in lot size; that it must be fair to the landowner in
resolving the problem. Concern was also expressed on the existing
traffic hazard and its elimination, and the installation of stop
signs was explored as a possibility of controlling traffic.
It was MOVED by Councilman Considine, seconded by Councilman
Butterworth and carried unanimously that the City Council sustain the
recommendation of the Planning Commission and that the tentative map
of Tract No. 26886 be denied without prejudice; that the developer
be encouraged to rearrange the lots so they meet the minimum
requirements; that entry to Colorado Boulevard not be the controlling
feature but lot size.
The Health and Sanitation Commission met April 25, 1966 and reviewed
the proposed Ordinance (No. 1323) relating to medical waste disposal
3.
5-3-66
COMMENDATION
(Fire Dept.)
ft:PK
COMMUNICATION
RE SIGNS
Pt't:&.NL J);v.--
PURCHASE OF
CITY OWNED
PROPERTY
(offer
withdrawn)
HEISS
(accepted)
J 703
(Sa. 1d..1 eJ
C,crree--red..,
~ 5-''1-'"
~
MOTION and terms
of Agreement
17:6774
procedure. It approved the ordinance as presented with one exception:
Section 610.2.3 - adding the word, "contaminated after the word
"used" in the first and second sentences (Page 2).
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried unanimously that the report be received and placed on file.
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried unanimously that the communication from R. M. Kingsbury,
commending the efficient manner in which a fire situation had been
handled at his home (419 E. Sandra Avenue), be received and placed on
file.
1
Staff was requested to respond to a communication from, John H. Klenke
concerning signs indicating gasoline prices. Mr. Klenke will be
advised that the City is interested solely in the regulation of the
aesthetics of signs and advertising structures and not in any control
of gasoline prices.
An option offer submitted by Nick Pokrajac and Roger Ash for the
purchase of the old library site at Wheeler and First Avenues was
withdrawn in person by Mr. Ash in the presence of Mr. Pokrajac.
,
Edward Heiss, on behalf of the Arcadia Tower Company, requested
favorable action of his 90-day option offer for continuance of the
Agreement to purchase the old library site. A three building complex
is proposed, plans for which have been delayed due to his inability
to secure adequate financial backing. Mr. Heiss stated that the
following schedule can be carried out with reasonable assurance;
1. The establishing of a Surety Bond with the City of Arcadia, for
the purchase of the land required, not later than June 1, 1966.
2. Application for a permanent loan through a selected insurance
lender will be made at approximately the same date, June 1, 1966.
3. Completion of the working drawing (Mechanical and electrical)' by
no later than August 15, 1966.
4. Apply for Building Permit by September 1, 1966.
5. Start construction somewhere between September 15 and October 1,
1966.
6. Complete construction by June 1, 1967.
1
After reaching an agreement with Mr. Heiss On various points, it was
MOVED by Councilman Arth, seconded by Councilman Considine and
carried unanimously that the City grant to the Arcadia Tower
Corporation a new 90-day option to acquire the old library site and
to lease the adjacent City parking property, upon the same terms as
previously granted except for the dates, upon the following
conditions:
~hat on or before June 1, 1966 a Surety Bond in the amount of
$102,000 guaranteeing payment of the purchase price be executed
and deposited in escrow;
4.
5-3-66
17:6775
that the lease and purchase agreements be executed and deposited
in escrow on or before September 1, 1966 accompanied by a surety
bond in the amount of the cost of the approved construction
guaranteeing completion of construction by June 1, 1967;
that the $4000 deposited by Mr. Heiss be forfeited if the
$102,000 bond be not deposited within the prescribed time or if
the completion bond be not deposited within the prescribed time
and,
1
that the $4000 be credited on the purchase price of $102,000 if
the escrow closes in accordance with its terms.
\'
CONCESSION The City Manager Pro tempore advised that a temporary concession
STAND stand at Vista Park had been erroneously constructed after a business
(Vista Park) permit had been issued to the Rainbow girls; that the Santa Anita
J ~ Little League personnel had assumed that the permit also authorized
" ~the construction; that the construction has been halted pending
.
p tI approval or denial of the action. He outlined the construction
tt, "'-r...."a..!~4~ features which do not conform to requirements, and his recom-
U mendations.
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried unanimously that the use of the temporary concession stand be
permitted only until August 31, 1966 (end of the current baseball
season); that any continued use be based upon the quality of con-
struction with an eventual permanent concrete block structure with
restrooms and storage areas.
IDENTIFICATION
SIGNS (WAB&PA)
On MOTION by Councilman Considine, seconded by Councilman Butterworth
and carried unanimously the request of the West Arcadia Business &
Professional Association for permission to erect identification signs
at four specific locations in the West Arcadia business area was
REFERRED to the Planning Commission for study and recommendation.
Cli WCt-5? PEt
SIDEWALK
PROGRAM
(Phase II)
!f11J-/
In continuance of the expressed desire of the City Council with
relation to the construction of sidewalks, it was MOVED by Councilman
Arth, seconded by Councilman Hage and carried unanimously that the
second phase of the sidewalk program, as outlined in the report dated
April 28, 1966, proceed; that plans and specifications for the
construction of the sidewalks be authorized and that bids be received
for the work when Capital Projects funds are available.
1
EMERGENCY
BUDGET
REQUEST
P: 0/ pM/V
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows that the sum of $3,820 be
transferred from Council Contingency Account No. 409-28 to Account
No. 434-16 for the replacement of necessary parts to maintain all
service division vehicles and equipment as outlined in the report
dated April 28, 1966 from the City Manager Pro tempore and Director
of Public Works:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
COVENANT RELEASE
(Tract 24900)
It was MOVED by Councilman Considine, seconded by Councilman Arth and
carried unanimously that the Mayor and City Clerk be authorized to
} i/j 7
5.
5-3-66
"
ADVERTISE
'FOR BIDS
(Streets)
SWIMMING POOL
COMPLETION
.j /()q ~
SWIMMING POOL
BUDGET
(temporary)
1965-66
:::1-la1~
SURPLUS
PROPERTY
PURCHASE
P: ':;~.t"'V' ,d-
~,~
17:6776
execute for and on behalf of the City, a Quitclaim and Release of
Covenant executed by George H. and Loretta F. Braun (recorded as
Document No. 3214, Book M342, Page 100, Official Records of Los
Angeles County on August 17, 1959) for delivery to the Harbor Savings
and Loan Association for use in its Escrow No. 1-1290 - same to be
recorded concurrently with the recordation of the final map of
Tract No. 24900.
It was MOVED by Councilman Butterworth, seconded by Councilman
Considine and carried unanimously that the City Clerk be and she is 1
hereby authorized to advertise for bids for the resurfacing of
various city streets (as listed in report dated Apri1\28, 1966) to be
received M'onday May 16, 1966 at 11 A.M. The program to be financed
I
from budgeted State Gas Tax funds.
l
,
The City Manager Pro tempore advised that the final billing from the
Arcadia Unified School District showing comp1etid~ and acceptance bf'
/
the swimming pool facilities reflects proper charges under the terms
of the City-School Joint Swimming Pool Construction Agreement.
It was therefore MOVED by Councilman Hage, seconded by Councilman
Butterworth and carried on roll call vote as follows that the sum of
$2,049 be transferred from Reserve for Capital Projects Account
No. 385 in the General Fund to Capital Projects Account No. 629,
Swimming Pool Construction for the final payment:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
The City Manager advised that the City will be utilizing the new
swimming pool for approximately two weeks during the current fiscal
year; that a supplementary budget appropriation for the, operational
costs and pool equipment is requested as set forth in his report
dated April 28, 1966.
It was MOVED by Councilman Hage, seconded by Councilman Arth and
carried on roll call vote as follows that the sum of $8,939 be
transferred to the Recreation Department Account No. 451 in this
manner: $3,100. from the Parks and Recreation Facilities Fund and
$5,839 from the Recreation Fund Unappropriated Surplus:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
1
Upon recommendation of the City Manager Pro tempore and Director of
Public Works it was MOVED by Councilman Considine, seconded by
Councilman Arth and carried on roll call vote as follows that the
City purchase from the Los Angeles Flood Control District a strip of
surplus property adjacent to and immediately west of Vista Park in
the amount of $1,775; that the City accept a Quitclaim Deed tendered
by the District, in form approved by the City Attorney, and that the
sum of $1,775 be transferred from Council Contingency Account
No. 409-28 to Capital Improvement Projects Account No. 324, Vista
Park, Flood Control Surplus Property:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
6.
5-3-66
COOPERATIVE
AGREEMENT
(Traffic
signal
installation)
F- //7&1-/7'
1
CONTRACT
AWARD , _
(demolition)
P:~.v
I. "
CONTRACT
AWARD
(Street
improvement)
1
~ IJifL/
17:6777
On recommendation of the City Manager Pro tempore and the Director of
Public Works, it was MOVED by Councilman Arth, seconded by Councilman
Considine and carried on roll call vote as follows and RESOLVED, that
a Cooperative Agreement with Los Angeles County be executed to share
traffic signal installation costs on Michi11inda Avenue at Huntington
Drive and California Street and Sunset Boulevard, and that the Mayor
and City Clerk be authorized to execute such agreement.
It was noted that the project will be financed from State Gas Tax
Funds with the May Company Department Stores paying one half of the
City's cost of installation at Sunset & California.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
The City Manager Pro tempore advised
in connection with the proposed site
properties at 1416 and 1432 S. Sixth
Avenue and 52 N. Third Avenue:
of the following bids 'received,
clearance of city owned
Avenue, 110 N. Santa Anita
Roger Roy Land Clearing
Ababa Demolition Eng.,Inc.
Bruce Sanger
Harold E. Simpson Co., Inc
Mead House Wrecking
$4,583.00
4,655.00
4,900.00
4,943.00
6,500.00
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows that the low bid of $4,583.00
submitted by Roger Roy Land Clearing be accepted; 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
authorized to execute the contract in form approved by the City
Attorney. The sum of $4,583 be transferred from Reserve for Capital',
Projects Account No. 285 in the General Fund to Capital Projects
Account No. 635, Demolition Various Sites~
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
"
The City Manager Pro tempore advised of the following bids received
in connection with the improvement of Michi11inda Avenue from
Huntington Drive to Sunset Boulevard:
Osborn Construction
D. & W. Paving, Inc.
Sully Miller Contracting Co.
W. R. Wilkinson Co.
Eric L. Peterson Co.
$19,749.59
19,787.89
20,727.48
21,800.03
23,342.89
It was MOVED by Councilman Butterworth, seconded by Councilman Arth
and carried on roll call vote as follows that the contract be awarded
,
to the low bidder, Osborn Company, in the amount of $19,749.59; 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 authorized to execute the contract in form approved by the
City Attorney:
7.
5-3-66
POLITICAL
CAMPAIGN
SIGN
(Denied)
p: ~'II:: oJ....-'
I
MARKET
OPENING
A: pf.:..
1966-67
BUDGET
A-:~:t4
CITY PROPERTY
(LEASED)
d' g 'f)...
ORDINANCE
NO. 1323
Introduced
17 :6778
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
(To be financed from Los Angeles County Road Department funds and
the May Company Department Stores to pa~' for that portion within, the
City. )
The request of H. L. Richardson, candidate for State Senator from the
19th Senatorial District, for permission to continue the use of a 1
temporary sign in connection with his campaign was DENIED on MOTION
by Councilman Hage, seconded by Councilman Butterworth and carried
unanimously. It was noted that the sign is already erected and has
been the subject of Building Department removal action; that the
request from Mr. Richardson represents an appeal therefrom.
It was the consensus of the City Council that should this sign be
approved it would set a precedent for similar requests; that the
Building Department has in process actions against others at the
present time. Contents of Arcadia Municipal Code Section 872l.8,B
was cited.
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried unanimously that the Alpha Beta Acme Markets, Inc. be
permitted to conduct free kiddie rides on a mule cart on May 19, 20
and 21, 1966. This is in connection with the opening of a new market
at 140 E. Duarte Road. The proper insurance to be carried.
The City Manager presented and distributed copies of the Preliminary
Budget for ~he fiscal year 1966-67. (Later in the meeting the first
study session was scheduled for May 9, 1966 at 7:30 P.M. in the
Conference Room)
In order to consider the following item, prov1s10ns of the Procedural
Ordinance were waived on MOTION by Councilman Considine, seconded by
Councilman.Hage and carried unanimously.
It was MOVED by Councilman Butterworth, seconded by Councilman
Considine and carried on roll call vote as follows that the City
lease to Richard M. Vartanian, on a month to month basis, at $150
per month, city owned property north of Huntington Drive, south of
the abandoned PE right of way, east of Third and west of the Wash.
Said property to be used for storage of surplus airplane parts and
for no other purpose without the City's permission in writing. No
storage outside the building to be permitted:
1
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, ,Forman
None
None
The City Attorney presented for the first time, explained the content
and read the title of Ordinance No. 1323, entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE
ARCADIA MUNICIPAL CODE BY ADDING TO CHAPTER 6 OF ARTICLE V THEREOF A
NEW SECTION 5602.6 ADDING SECTIONS 610.1, 610.2, 610.2.1, 610.2.2,
610,2.3, 610.2.4 AND 610.3 TO THE HEALTH CODE."
8.
5-3-66
1
RESOLUTION
NO. 3875
Adopted
/ TRAFFIC
COUNT
APPOINTMENT
PERSONNEL
BOARD
1
LIAISON
APPOINTMENTS
17:6779
MOTION by Councilman Hage, seconded by Councilman Considine and
carried on roll call vote as follows that the reading of the full
body of Ordinance No. 1323 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
Councilman Hage further MOVED that Ordinance No. 1323 be introduced.
Councilman Considine seconded the motion which was carried on roll
call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
The City Attorney presented, explained the content and read the title
of Resolution No. 3875, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA EXPRESSING ITS OPPOSITION TO THE ADOPTION OF
ANY MANDATORY NATIONAL OR STATE BUILDING CODE."
MOTION 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. 3875 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
Councilman Considine further MOVED that Resolution No. 3875 be
adopted. Motion seconded by Councilman Hage and carried on roll call
vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
The Assistant Planning Director advised of the completion of the
traffic count in the Rancho area. Report to be made.
On MOTION by Councilman Considine, seconded by Councilman Arth, and
carried unanimously, WILLIAM CALLAGY, was appointed to the Personnel
Board to serve out the unexpired term of James H. Hastings until
June 30, 1969. Mr. Ca1lagy resides at 1863 Oakwood Avenue.
Mayor Forman made the following Liaison appointments to the various
Boards and Commissions:
Councilman Arth
Ci vil Defense
Recreation Commission
Councilman Hage
Planning Commission
Councilman Considine
Library Board
Councilman Butterworth
Personnel Board
Sister City
9,
5-3-66
17:6780
Mayor Forman, as representative of the City, will attend an
important meeting concerning the Foothill Freeway on May 10, at
which time an effort will be made to consummate the signing of the
Agreement by other cities.
Mayor Forman commended Assistant City Manager McDaniel on the
efficient handling and success of Student Government Day (May 3).
Mayor Forman announced his intention to create two additional
7-member Citizens Committees: 1) Capital Projects Committee which
he will Chair and 2) Land Committee which Councilman Considine will
Ch ai r .
The meeting recessed at 10:50 P.M. at which time the City Council and
the City Manager entered into an Executive Session excusing the City
Clerk and the City Attorney.
1
At 11:25 P.M. the meeting reconvened and Councilman Butterworth,
acting as City Clerk, adjourned the meeting Ill1til Mac' 9 at 7 :30 P.M.
to enter into budget sessions.
~~
Mayor For
ATTEST:
~~~~
City Clerk
1
10.
5-3-66