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