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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