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HomeMy WebLinkAboutAUGUST 2,1966 I UN<>OAT<'" PLEDGE OF ALLEGIANCE ROLL CALL MINUTE Al'PROV AL 0-19-66) HEARING (Service Station) 5-s 10 4 I 17: :f837 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA AUGUST 2, 1966 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on August 2, 1966 at 8 P.M. Rev. J. Davis Barnard, Pastor of the Arcadia Presbyterian Church Mayor George L. Forman PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None The Minutes of the regular meeting of July 19, 1966 were APPROVED as submitted in writing on MOTION by Councilman Considine, seconded by Councilman Hage and unanimously carried. On July 5 the APPEAL from the decision of the Planning Commission (Res. No. 590) in its denial of the application for a conditional use permit to allow property at 901 W. Duarte Road to be used as a service station was before the City Council. On request of the applicant, Harbor Service Stations, Inc., the matter was continued to this date. The Planning Director explained the basis upon which the Planning Commission denied the requested permit: that the property is in Zone R-3; that though the property to the southeast is developed with a shopping center and that to the south with com- mercial uses, the property to the north of Duarte Road on both sides of Golden West Avenue is in Zone R-3 and developed with a mixture of single family residences and apartments. He continued that in a recent study a land use plan for the subject area was prepared which made no provision for increased commercial zoning north of Duarte Road and which firmly established the boundaries and limited the expansion to a specific area; there is no commercial zoning or uses on the north side of Duarte Road from the westerly City limits to the C-2-D zoning in the middle of the block east of the block in which the subject property is located; that to grant the conditional use permit would constitute spot zoning which would be injurious to adjacent properties and improvements being adverse to the compre- hensive general plan. Roy M. Robinson, representing the Harbor Service Stations, Inc., read a report which was also distributed to the City Council (on file in the office of the City Clerk). The report outlined existing commercial development across the street from the subject property consisting of a service station and a liquor store, with a new Sho pping Center development on another corner. Mr. Robinson referred to the amount of traffic at the intersection and the proposed signalization at the subject corner. He stressed the residential design of the proposed facility and the revenue which the City would derive. He submitted figures for estimated increase in vehicular traffic and population as compiled by the State Board of Equalization and the Department of Commerce. In conclusion the City Council was urged to grant the request. 1. 8- 2- 66 17 :.6838 Henry H. Hege, 651 W. Duarte Road, representing the owners of the property, explored the background of the subject area and its annexation to the City and its rezoning. He referred to the increased traffic, the handling of which is being expedited by the installation of traffic signals; the existing improvements in the area which in the main are commercial on the opposite side of the street. He stated in part that although the Planning Commission and the Planning Department feel the area is correctly zoned, in his opinion R-3 zoning is erroneous; that with such zoning about fifty percent of the land would have to be set aside for setbacks; that I which would be necessary to provide parking would be considerable and that the renting of improvements would be difficult at this particu- lar corner. He advised that the owners would build a home on the portion of property facing Golden West (not contemplated to be leased) which would enable them to move away from the noise and traffic of the corner ~nd that to deny the property right of the owners for the use of their property would be an abuse of discretion; that in his opinion such a decision would be reversed in a court of law in a mandamus proceed~ngs. The Planning Director explained that the service station on the south side of Duarte Road facing the subject property was not there under a conditional use permit; that it was constructed during the time when the zoning on the property permitted service stations; that the same applies to the liquor store immediately to the west of the service station. He advised that the signs presently in operation are non-conforming and that there is an ordinance whereby these signs must comply with the regulation within a 3 to 5 year period; that when the Shopping Center on the southeast corner was being proposed it was determined that there was no need for another service station in this area. With reference to the setback requirement he stated in part that on many occasions the City Council has authorized modifications granting relief on excessive setbacks which were established many years ago and that the Commission was particularly concerned with the possibility of commercialization from Baldwin Avenue on both sides of Duarte Road all the way westerly to the subject site. Letters favoring and opposing the conditional uSe permit were received for the record solely for the opinions expressed therein and the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Butterworth and carried unanimously. In response to an inquiry by Councilman Considine the Planning Director stated that in his opinion the corner could be developed with R~3 use, but that. such statement might not be true in another community with different regulations. Councilman Hage observed that it should be noted that the City Council I is not limiting service stations as such; that it is not intended to make a determination as to whether or not there is a sufficient number of a given business; that economics would be the factor there; that the decision is to be whether or not the requested use is a proper one in this area. Reference was made by Mayor Forman to the conditions which have been stipulated by the Commission if the conditional use permit were approved. Appeal denied It was MOVED by Councilman Hage that the decision for denial by the Planning Commission be upheld and that the appeal for its reversal be denied. The motion was seconded by Councilman Butterworth who 2. 8- 2- 66 I HEARING (Service Station- Richfield) e: C>>1V I 17 :6 839 stated in part that he realized there is some hardship on the part of the appellants which arises out of the property being in a tran- sitional zone so to speak; that there has to be a dividing line; that to grant the request would impose hardship on additional properties and that in his judgment there has not been sufficient showing whereby the unanimous decision of the Commission should be overruled; that in his opinion the City Council is obligated to sustain the Commission except where a very clear case of error has been madeo Roll call vote was then taken on the motion. AYES: NOES: ABSENT: ABSTAIN: Councilmen Butterworth, Considine, Rage, Forman None None Councilman Arth, who did not participate in the discussion or in the vote due to his affiliation with the Oil Company owning the Harbor Service Stations, Inc. ~. Appeal from the decision'of the planning'Commission (Res. No. 592) in the denial of an application for a conditional use permit to construct a service station on property located at 600, 604 and 610 N. Santa Anita Avenue by the Atlantic Richfield Company. The Planning Director explained that the subject property is in Zone M-l, P.I.D., light manufacturing zone - Planned Industrial District and is presently developed with four non-conforming residential structures and garages; that the Commission determined that the location does not meet the criteria of essential services as provided for in the legislative intent section of the M-l Division of the Zoning Ordinance; that there are two other service stations within 500' of the subject property to serve the needs of the industrial area and that the granting of the application would be adverse to the comprehensive general plan. Projecturals were viewed by the City Council. Mayor Forman declared the hearing open and the following persons spoke: M. J. Sullivan, representing the Atlantic Richfield Company, stated in part that the location is an ideal one due to the on ramp to the proposed freeway; that in reviewing the Central Area plan for 1963 the average traffic along Santa Anita Avenue and Newman Street at the subject intersection was estimated at 13,000; that the estimate for 1980 is 30,000; that the two existing service stations would not adequately handle the needs of the traffic due to the freeway. He referred to the proposed rustic type of design which would compliment the area and to the selective personnel employed by the Company. He urged the granting of the conditional use permit. John Gascoyne, 610 N. Santa Anita Avenue, owner of a portion of the property in question, stated in part that in his opinion the objections voiced at the Planning Commission public hearing were invalid; that he realizes according to the Wilsey, Ham and Blair Plan the entire area is to become one of industrial uses, but that he does not want to see manufacturing facilities with their heavy vehicular traffic. He urged the City Council to consider the appeal; that if it is denied he would ask that the property owners in the area be advised in which direction the development of this property will go. Those speaking in opposition: William Ball, speaking on behalf of the owners of property on the 3. 8-2-66 17:6840 southwest corner of Santa Anita Avenue and Newman Avenue, urged the City Council to deny the appeal; that the apartments are difficult eno ugh to rent due to, the, ever increasing traffic. Herman Westlund, 18 W. Newman Avenue, urged denial also and felt that the area is well provided with service stations. Immanual Vorrath, owner of an apartment at 601 N. Santa Anita Avenue, stated in part that with the advent of the freeway the vacancy factor will increase due to the odors, noise, etc. He urged the City Council to uphold the decision of the Commission and to consider the image of Arcadia as a City of homes. It was then MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the hearing be CLOSED. I Councilman Hage MOVED that the decision of the Planning Commission be upheld and that the appeal for reversal be denied. He reiterated his position that the City Council is not considering whether or not there are sufficient service stations, but whether or not the requested use is a proper one. I Councilman Considine seconded the motion and suggested that property owners desiring direction could meet with the Planning Department to ascertain acceptable uses under P.I.D. Roll call was then taken: AYES: NOES: ABSENT: ABSTAIN: Councilmen Butterworth, Considine, Rage, Forman None None Councilman Arth, who did not participate in the discussion or in the vote due to his affiliation with an Oil Company. HEARING (Security guards) Application of the Pacific Plant Protection, Inc" for a business permit to allow security guards to be ,placed inside the May Company Department Store. .J- j/ O~ Mayor Forman declared the hearing open and no one desiring to be heard it was MOVED by Councilman Butterworth, seconded by Councilman' Arth and carried unanimously that the hearing be CLOSED. It was then MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the application be APPROVED and that a business permit be thus issued. HEARING (Public Dancing) Application of J. Edward Vander Meulen for a business permit to allow public dancing in the cocktail lounge in the Bowling Square, 1020 S. Baldwin Avenue. The City Attorney referred to Arcadia Municipal Code Section 6412.7 wherein no provision is made for waiving the re- quirements to permit the requested activity, whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the application be DENIED. I d-G 'I 'I- A- AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Considine, Hage, Forman None None HEARING (Weed removal) This being the time scheduled for the City Council to consider the report of the Superintendent of Weed Abatement of the cost of the abatement of rubbish, refuse and weeds and fixing the amount to be F II 1"1.- 4. 8-2-66 RESOLUTION NO. 3891 Adopted I 17 :6841 cpllected therefor, and to hear any objections thereto"Mayor Forman d~clared the hearing open. No one desiring to be heard it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the hearing be CLOSED. wrereupon the City Attorney presented,; explainrd the content and read the title of Resolution No. 3891, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE SUPERIN- TENDENT'S REPORT OF THE COST OF THE ABATEMENT OF RUBBISH, REFUSE AND WEEDS UPON, STREETS AND PRIVATE PROPERTY IN THE CITY OF ARCADIA, FIXING THE AMOUNT OF THE COST OF SUCH ABATEMENT, DECLARING THE SAME TO BE LIENS UPON'THE RESPECTIVE PARCELS OF'LANo IN SAID CITY AFFECTED THEREBY, AND DIRECTING THE COLLECTION THEREOF." 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. 3891 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Considine further MOVED that Resolution No. 3891 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None TRAFFIC The City Council received and congratulated the Planning and Public REPORT / Works Departments on the Traffic Study of the area bounded by RECEIVEDS: ..:h,t\,{te...Colorado, Michillinda, Baldwin, Sunset and Huntington Drive. :74 PARKING , PLACE COMMISSION :J,: ~ l2L- J:)IJ';'~ I SEMINAR MAjV COMMENDATION (City Manager) i-: -JrL<'j-./ It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the recommendation of the Parking Place Commission be ACCEPTED and that a tax levy of 10~ on each $100 assessed value of taxable land and improvements - for the purpose ,of maintenance and improvement of the existing facilities - and a tax levy of 25~ on each $100 assessed value of taxable land and improvements for the purpose of acquisition of additional parking spaces, both within Parking District Nos. 1 and 2, be levied for the tax year 1966-67. (Total of 35~ is the maximum tax provided by law). AYES: NOES: ABSENT: Councilmen None None Arth, Butterworth, Considine, Hage, Forman The recommendation Commission meeting City Clerk. is contained in the Minutes of the Parking Place of July 13, 1966 and on file in the office of the Mayor Forman ordered FILED the notice of the forthcoming Seminar of the Independent Cities of Los Angeles (San Diego - September 23, 25). The City Attorney will be attending the meeting. 1 Mayor Forman ordered filed the communication from J. Lyle Cunningham commending the City Council on its selection of Lyman Cozad as City Manager. 5. 8-2-66 CURB NUMBERS .1 },<;.:,> ~ ! ..J-J' CARNIVAL (Church) a: PI<. 8rJ.J ;"...{~' FESTIVE FAIR (AAUW) d:PIL . J .~JI., 1e '" BANNER (County Fai~) a: rr'. -dV: 0..-/ STOP SIGN RESOLUTION NO. 3892 Adopted 17: 6842 Pursuant to calls received by some of the City Councilmen and the staff members concerning the poor condition of the painted curb house numbers within the City, reports were submitted describing the City's past handling of this operation. It was the consensus of the City Council that the' City should undertake the project as in the past, however, action was delayed until actual funds are on hand rather than in the present accrual form. It was therefore MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the staff prepare plans and specifications and when funds are available submit same to the City Council for approval and authori- zation to advertise for bids. I The request of the Holy Angels Catholic Church for permission to hold its annual Fall Fiesta on October 1 and 2 from 12 noon until 10 P.M., on the Parish grounds was APPROVED on MOTION by Councilman Arth, seconded by Councilman Butterworth and carried unanimously with the condition that a certificate of insurance be filed with the City providing for $100,000 for anyone person and a total of $500,000 for any single occurrence. All fees connected therewith were waived. The request of the American Association of University Women, Arcadia Branch, for permission to hold its annual Festive Fair on November 3 from 10 A.M. until 9 P.M. in the Clubhouse of the Santa Anita Race Track was APPROVED on MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously. The request of the Los Angeles County Fair Association for permission to hang banners publicizing its annual Fair to be held from September 16 through October 2 was APPROVED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. (One location on Huntington Drive). It was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that on the recommendation of the Director of Public Works and the Police Chief a stop sign be installed for south bound traffic on Ewell Lane at LeRoy Avenue. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3892, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING THE INTERSECTION OF EWELL LANE WITH LEROY AVENUE AS A,STOP INTERSECTION FOR SOUTH BOUND TRAFFIC, AND DIRECTING THE PLACING AND MAINTAINING OF A,STOP SIGN THEREAT." MOTION by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 3892 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Resolution No. 3892 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 6. 8-2-66 METROPOLITAN WATER DISTRICT .JLfo~1J- I SALE OF CITY OWNED LAND (Heiss) r1 ",0-,-' =:J t-"'-:S: I AGENDA ITEM WITHDRAWN REFUND (Vander Meulen) -!feli/ tf 17:6843 At the City Council meeting of July 19 the staff was requested to investigate and report back the status of the City with regard to paying the Metropolitan Water District assessment from water funds as opposed to having it placed upon the tax statements. Pursuant thereto the City Manager Pro Tempore submitted a report and stated that in the opinion of the staff the City is committed to paying from municipal funds during the coming year and that any consideration of changing this procedure should be directed toward subsequent payments. That during the interim an opportunity would be afforded to make a detailed study prior to the time the City Council must make its Declaration of Intention to pay from municipal funds (December). Councilman Butterworth assigned various reasons why it might be preferable to place the assessment of the Metropolitan Water District on the tax statements rather than as a part of the water bills and stated in part that in his opinion the matter merits open discussion and suggested that meetings be so scheduled. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman ,Considine and carried unanimously that the staff proceed as outlined in the report dated July 28, 1966 and that the matter be discussed at meetings starting with the October 27 Study Session. Consideration of the request of Edward L. Heiss for permission to substitute a letter of credit from a bank for the required surety bond to insure the City its $102,000 payment for city owned land at Wheeler and First Avenue (old library site). Following the discussion participated in by Mr. Heiss who stated in part that he is confident of being able to secure financing and proceed within the time originally agreed upon, it was MOVED by Councilman Butterworth,seconded by Councilman Arth and carried by a 4 to 1 vote as follows that the City Council approve the substitution of a letter of credit for the required surety bond and that the Mayor and City Clerk be authorized to execute all appropriate documents in form acceptable to the City Attorney. It was pointed out that all commitments would have to be met by November 1 including all necessary changes in the plans, the performance bond, and either cash payment of the purchase price or a surety bond guaranteeing its payment. Mayor Forman expressed reluctance to any change in the basic concept authorized 90 days ago, AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage Mayor Forman None It was noted that an item appearing on the agenda concerning the appeal from the provisions of the Building Code had been withdrawn at the request of the applicant, Mike Vallone, the matter having been resolved. It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that a refund of $20 be authorized to J. Edward Vander Meulen in connection with his application for a business permit to allow public dancing at 1020 S. Baldwin Avenue with the proviso that if a new or amended application , 7. 8-2-66 DRIVEWAY (Becker) ;1Ml~.& CHAIN LINK FENCE (Weiss) /'M-p Vander Meulen (applicant for public dance) ORD1NANCE NO. 1325 IntJ::oduced 17:6844 is filed for a membership type business permit that said sum be applied thereto. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None M. H. Becker, 101 White Oak Drive, spoke concerning what in his opinion is an unreasonable requirement - that of the regulation calling for the construction of the apron to his driveway to be concrete instead of asphalt. His request had been denied by the Modification Committee. It was noted that with the sidewalk program concrete is required. He observed that sidewalks are not needed or desired in the subject area. I Councilman Arth stated in part that it is not anticipated to construct sidewalks on every street in the City; it is actually a program for streets adjacent to schools and that based on reason the probability is very strong that in the next 10 to 20 years sidewalks still would not have been installed in the area. Councilman Butterworth referred to the regulations which the City Council must stand by; that they are applied uniformly and not against an individual. He thereupon MOVED that the City Council uphold the decision of the Modification Committee and deny the request. The Motion was seconded by Councilman ~onsidine and carried on the following 4 to 1 roll call vote: AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Hage, Forman Councilman Arth None Frank Weiss, 2047 Carolwood Drive, asked the City Council to waive the provisions requiring an iron bar at both tOp and bottom of a chain link fence he proposes to construct around his property including the pool area and permit him to substitute No. 7 spring tension steel wire. The City Attorney explained that the Arcadia Municipal Code makes no provision for .the waiving of the regulation. It was the consensus of the City Council that the requirement is for safety purposes and Councilman Butterworth noted that as much as the City Council would like to accommodate Mr. Weiss it must abide by the regulations and that personally he does not believe in a waiver provision in a public safety ordinance. The applicant for the business permit to allow public dancing in the cocktail bar of the Bowling Square at 1020 S. Baldwin Avenue explored the type of recreational activity he desires to inaugurate and stated in part that in view of the Arcadia Municipal Code Section prohibiting public dancing he may file an amended application requesting a business permit for a membership type of dance club. In answer to an inquiry by Councilman Butterworth he advised that liquor is served on the concourse. I The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1325 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE I 8" 8-2-66 I PAR 3 GOLF COURSE APPOINTMENT Civil defense LEAGUE MEETING OPEN HOUSE GLENDALE I 17 : 6845 BY ADDING TO DIVISION 2 OF PART 2 OF CHAPTER 5 OF ARTICLE VIII A NEW SECTION 8522.5 ENTITLED "HISTORICAL AND ARCHITECTURAL STRUCTURES". MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1325 be waived: AYES: NOeS: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Considine further MOVED that Ordinance No. 1325 be introduced. Councilman Hage seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None None Arth, Butterworth, Considine, Hage, Forman At the request of Councilman Butterworth the staff will investigate the condition in which the Par 3 Golf Course is maintained. This is leased City-owned property. Edward D. Stewart, 150 Woodruff Avenue, was appointed to the Civil Defense and Disaster Board for a period terminating June 30, 1969. J~. (This will fill the vacancy created by the resignation of Mr. Edward"" Smaxwell). This was the nomination of Councilmen Arth and Considine and ratified by the City Council. Mayor Forman reminded the City Council that the League of California Cities will be holding its Board meeting on Thursday of this week. Mayor Forman reminded the City Council of the forthcoming open house to be held by the City of Glendale on Sunday August 14 from 2 to 4 P.M. At 11:25 P.M. Mayor Forman adjourned the meeting sine die. ~~- 'Hayor orman . ~2~ City Clerk 9. 8-2-66