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HomeMy WebLinkAboutSEPTEMBER 20,1966 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (9-6-66) HEARING ZONE CHANGE (Stogsdill) 4- J't 0 "- I 17:6865 MINUTES 'CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 20, 1966 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on September 20, 1966 at 8 P,M. Rev. Frederick Diemer, Arcadia Christian Reformed Church Mayor George L. Forman PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously the Minutes of the Regular Meeting of September 6, 1966 were APPROVED as submitted in writing. Planning Commission Resolution No. 597 recommended approval of the zone change application filed by Ralph D. Stogsdill for a reclassi- fication from Zone R-l to CoO on property at 2612 South Baldwin Avenue. Mayor Forman declared the hearing open. Henry Hege, 651 West Duarte Road, appeared on behalf of the applicant and advised that the building is to be completed by March 1967 and that in his opinion there would be no objection to imposing a further condition that the improvement be erected within an 18 month period. No one else desiring to speak to the matter the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. In reviewing the parking area it was the consensus of the City Council that a further condition should be imposed - that a 6' wall be constructed on the south property line to prevent any possible use of this property for parking purposes by patrons of adjacent businesses; that it be reserved for the professional office building. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the recommendation of the Planning Commission be sustained and that property at 2612 South Baldwin Avenue be reclassified from Zone R-l to Zone CoO subject to the following conditions: 1. The zone change shall not become effective until final plans substantially in compliance with the approved preliminary plans have been approved by the Commission. 2. Building and site development shall comply with regulations recently adopted by the Commission governing Zone CoO. 3. Remove the existing driveway apron. 1. 9-20-66 HEARING (Nuisance- Pigeons) 5.'6....,...., 17:6866 4. Construct a full parkway width concrete sidewalk. 5. New driveway apron shall be constructed to meet the requirements and approval of the Director of Public Works. A minimum distance of 3' shall be maintained from any driveway and the existing power pole on the north property line. 6. Underground utility service shall be to the satisfaction of the Director of Public Works. Added conditions: I 7. Construction of building to be completed within an 18 month period. 8, Six-foot wall to enclose parking lot on the south property line. Pursuant to Division 9" Part 3, Chapter 1, Article IV of the Arcadia Municipal Code a complaint by three persons had been lodged against the keeping of homing pigeons at 2057 Highland Oaks Drive, It was alleged that the birds were maintained in such a manner, quantity and location as to constitute a nuisance. The Acting City Manager investigated the matter, determined the situation to be a nuisance and so notified the owner of said premises, Roger Sands, with alternative action recommendations. (Communication dated August 18, 1966), Mr. Sands subsequently appealed this determination and pursuant to Arcadia Municipal Code Section 4139.2.2 a public hearing was scheduled for this date and time. Mayor Forman declared the hearing open and Mr, Sands read a statement setting forth the background of the keeping of the birds; that a real effort had been made to maintain the birds in such a manner as to not create a nuisance to the neighbors, in particular those residing at 242 Carolwood Drive who had made the initial complaint and that they had complied with the instructions of the City Building Department in relocating the structure housing the pigeons. He explained the physical layout of the properties and observed that un- fortunately the property on Carolwood Drive is on a much higher level than his and overlooks both his north and rear yard areas, He continued that in discussions with his immediate neighbors to the rear, south and to the east, he had been told that they are not bothered with the birds and explained that homing pigeons do not land on neighbor's roofs or yards. He stated in part that his son maintains the building in a sanitary condition which has met with the County Health Department's regulations in this regard. He concluded by advising that the birds are kept in excess of 35' from his neighbor's home and suggested various ways in which he could and would improve the situation: 1) by landscaping the subject area, I 2) install doors which would keep the birds in complete darkness for a longer period of time in the early morning hours and 3) reduce the number of birds, stating that his son can only efficiently care for 18 birds. Jack Pontius, 2051 Highland Oaks Drive, addressed the Council in substance that he has not seen any evidence of an unsanitary condition and referred to the endeavor which has been made by Mr. Sands to comply with all regulations; that the activity is comparable to others in which young people participate and asked that Mr. Sands be given the opportunity to pursue the improvements suggested. 2. 9-20-66 17:6867 Eugene Johnson, 2052 Highland Oaks Drive, referred to the wildlife encountered in the subject area; that it is a canyon in surroundings and that he did not even realize the pigeons were being maintained; that he has not seen the coop from Highland Oaks Drive and spoke in favor of permitting the activity to continue. Mr. John Lauder, 2043 Highland Oaks Drive, stated in part that he could not complain about the birds as he enjoys watching them in flight and sees nothing disagreeable about them. I Mrs. Roger Sands explained her son's interest in the act'ivity and what it means to him; that he is presently considering entering the field of veterinary medicine. Louis Lasser, 242 Carolwood Drive, spoke in opposition to the keeping of the birds with reference to code sections regulating the keeping of any fowl less than 35' from a residence; that even with the' relocation of the coop from its original placement of 5' from his bedroom window the noise has been unabated and the coop could still be viewed from his home. (At this point in his presentation he exhibited projecturals of the situation from various angles).' He stated further that he works late at night and has been unable to sleep during the early morning hours; that his primary objection is to the noise but that the presence of the coop does not add to the aesthetics of the view. He asked that the determination of the City Manager 'Protempore in his letter of August 18, 1966 be sustained. Henry McNulty, 245 Carolwood Drive, asked that the decision of the City Council be based on whether or not there is a violation of the regulations. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. On being informed that there is no structural provision in the City Code governing pigeon coops Councilman Considine commented that of all such buildings he had seen that the subject one is the nicest. The City Attorney explained Section 4136.1 concerning the distance from any dwelling that all fowl, birds, etc., must be maintained (35'); that the Section does not expressly exempt the dwelling of the owner of the fowl; explained the Section's analogy and relationship to a similar Section formerly in the State Health & Safety Code and later transferred to the Administrative Code. I Councilman Butterworth stated in part that in his opinion this is a good faith dispute between residents; that both sides are sincere; however children are always going to have homing pigeons, cats, dogs and all varieties of animals; that Arcadia is a family community; that to him the structure where the birds are maintained is not an offensive appearing one; that if the noise factor could be improved and the subject section landscaped as represented by Mr. Sands, he would be in favor of setting aside the ruling of the Acting City Manager and that the regulation requiring the building to be not less than 35' from any dwelling be complied with to the full extent that it is applicable. The other Councilmen concurred in the views expressed, whereupon it was MOVED by Councilman Butterworth that the facts complained of do 3. 9-20-66 CHICAGO PARK STUDY ",' :.~~ J ' ~ -1-:"'/074- / AMENDMENTS ZONING ORDINANCE (Hearing scheduled) TIME EXTENSION (Building construction plans) -/--- III~ 17:6868 not constitute a nuisance within the meaning of Division 9, Part 3, Chapter 1,. Article IV of the Arcadia Municipal Code. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The City Attorney explained that the Council has found and determined that keeping of homing pig~ons as complained of does not constitute a nuisance, but that they must be kept in accordance with any other applicable regulations. Upon questioning by, Councilman Butterworth I the City Attorney. stated he would research the legislative history of Section 4136.1 and report to the City Council on the applicability of that section to the premises of the owner of the poultry and fowl. The City Council received and accepted a report from the Planning Department regarding procedures for the development of the Chicago Park Industrial area, wherein it was stated that the area involves 92 acres with three persons owning 85 percent of the land. It was the consensus of the City Council ,that the property owners should participate in the determination as to the method of development, 1) under the 1911 Improvement Act or 2) under the creation of a community redevelopment agency. It was noted that a moratorium which placed a building and use limitation on the area will automatically expire (adopted under Section 65858 of the Government Code). The City Council explored various aspects of the proposed program and the following actions ensued: MOTION by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the City Council give tentative approval to the Chicago Park Study. MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously that the report be referred to the Planning Commission for study and recommendation. MOTION by Councilman Considine, seconded by Councilman Arth and carried unanimously that the property owners involved be given copies of the preliminary report so they may be in attendance at future discussions and may if they so desire initiate any action on their own. After considerable discussion concerning the inclusion of sidewalks, it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the Arcadia Municipal Code be modified to require that all industrial buildings be constructed only on dedicated improved streets complete with curbs and gutters. I It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that a public hearing be scheduled for November 15, 1966 on the recommendation of Planning Commission (Res. No. 598) concerning amendments to the text of the Zoning Ordinance. The date will permit the Chamber of Commerce sufficient time in which to study some of the proposed changes. It was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that the City Council grant the request of Henry H. Hege' for an extension of six months in con- nection with the requirement of Resolution 3824 for submission of 4. 9-20-66 SWIMMING PROGRAM ,/ /o9f I MOTION I ADVERTISE FOR BIDS (SIDEWALKS) PHASE II --.:/'- / / ~ / 17:6869 working drawings of a proposed professional building at the southeast corner of Lovell Avenue and Duarte Road. (Deadline will now be May 19, 1967). The City Manager advised that the novice training and competitive Swimming program conducted under the auspices of the Recreation Department as part of the summer activity had been highly successful With an average daily attendance of 150; that it had been conducted On a self supporting basis with receipts from the participants ~eeting all city personnel expense. However receipts did not cover the maintenance charges impoBed by the School District. It was his recommendation and that of the Recreation Department that the program be continued throughout the school year under City control; with permission to be gained from the School District to use the pool 5 days per week (5 P.M. to 8 P.M. plus one or two Saturdays monthly). It was noted that the present fee of $5 per month per person would not cover the maintenance costs; that some additional lighting would be needed; that $600 is estimated for this coverage and that the School District would be approached for maximum participation. Discussion ensued on the possibility of increasing the fee in order to make the program self sustaining. Recreation Director John Panatier addressed Council in this regard concerning statistics in participation. In response to an inquiry he stated in part that in his opinion the families involved would not object to partially, assisting toward the maintenance of the pool; however, that a determi- nation would probably have to be made as to whether or not a charge would be made to persons who picnic at Wilderness Park, 7th graders who play touch football and the like. He also :responded to an inquiry that every attempt would be made to operate within the total recre- ation budget, however, that it presently appears doubtful that the department could set aside sufficient funds to meet the continuing' program which was instituted after budget adoption; that it can be $elf sustaining from the standpoint of coaching salaries; that if the ~aintenance cost is to be imposed on,the participants it could be accomplished through a fee increase. After further discussion Councilman Considine stated for the record that he has worked with the Recreation Commission and its Dire~tor; that he has a very high regard for their capability and what they are doing; that he is not trying to cast any reflections on their record Or on their capabilities; they are outstanding and they have done a tremendous job, however, if there is a chance to make something pay its own way he always likes to see this road pursued first. It was then MOVED by Councilman'Considine, seconded by Councilman Rage and carried unanimously that the novice swimming program be continued through the school year and that the formula and fee be determined and arranged by the City Manager at his discretion to the, best value of all. The City Manager advised that he will pursue the matter and return to the City Council at a later date for a transfer of funds and/or an appropriation. It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the plans and specifications for the construction of sidewalks on streets as listed in the report dated September 15, 1966 as submitted, be APPROVED and that the City 5. 9-20-66 SIDEWALK SALE (WAB&PA) a:PR 17 :6870 Clerk be and she is hereby authorized to advertise for bids for said work. Bids to be received October 3, 1966 at 11:00 A.M. It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that the provisions of the Procedural Ordinance be waived in order to consider the following matter. The request of the West Arcadia Business and Professional Association for permission to hold its annual sidewalk sale on October 8, 1966 was APPROVED on Motion by Councilman Hage, seconded by Councilman I Butterworth and carried unanimously. The Association will assume the responsibility for the barricading of both sides of Baldwin Avenue between Duarte Road and Naomi Avenue for this event. AUDIENCE PARTICIPATION SIDEWALKS 1/./ I? , APPRECIATION COMMUNI}:j\TIONS 1/4. ? LEAGUE/CALIF "CITIES -;J J/ A f< RESOLUTION NO. 3900 Adopted /- //0-6 Preston Swab, 1717 S. Second Avenue, spoke to the matter of tree removal in the area designated for improvement with sidewalks on South Second Avenue. He was advised that the plans call for property line installation and that the Director of Public Works has the final responsibility for tree removal and replacement. Dorothy Patapoff, 1803 S. Second Avenue, was advised that the instal- lation of cement gutters were included in the 1964 Storm Drain Project Allocation. She was concerned about the forthcoming rainy season. The City Manager noted the receipt of letters expressing appreciation to the City Council for its action concerning the serving of alco- holic beverages in the local bowling alleys. The City Manager noted that the League of California Cities is now receiving proposed resolutions and/or support of resolutions to be considered at the forthcoming Conference to be held in San Diego in October. The City Attorney presented, explained the content and read the title of Resolution No. 3900, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTENANCE DISTRICT NO. 27." 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. 3900 be waived: I , AYES: NOES: ABSENT: Councilmen Arth, Butterworth" Considine, Hage, Forman None None Councilman Considine further MOVED that Resolution No. 3900 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth,- Considine, Hage, Formm None None 6. 9-20-66 RESOLUTION NO. 3901 Adopted .;1' /A/"F T--~/...-' ('> I RESOLUTION NO. 3902 Adopted 7- //....C;-'l I , RESOLUTION NO. 3903 Adopted 5-//~7 17 :6871 The City Attorney presented, explained the content and read the title of Resolution No, 3901, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 27, WHICH DISTRICT IS TO PAY THE COST AND,EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED STREETS IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF." MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3901 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Resolution No. 3901 be adopted, Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None The City Attorney presented, explained the content and read the title of Resolution No. 3902, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTENANCE DISTRICT NO. 28." MOTION by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 3902 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Hage further MOVED that Resolution No, 3902 be adopted. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None The City Attorney presented, explained the content and read the title of Resolution No. 3903, entitled: "A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 28, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED STREETS IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF." MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full 7. 9-20-66 17 :6872 body of Resolution No. 3903 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Considine further MOVED that Resolution No. 3903 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: The City Attorney presented, explained the content and read the title of Resolution No. 3904, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN,THE MATTER OF PROPOSED LIGHTING MAINTENANCE,DISTRICT.NO. 29." . .~~ . AYES: NOES: ABSENT: RESOLUTION NO. 3904 Adopted J: I/~g Councilmen Arth, Butterworth, Considine, Hage, Forman None None I " ' MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Resolution No. 3904 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage; Forman None None Councilman Arth further MOVED that Resolution No. 3904 be adopted. Motion seconded by Councilman Rage and 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. 3905, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 29, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED STREETS IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF. RESOLUTION NO. 3905 Adopted Y- //1~g 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. 3905 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None I , Councilman Arth further MOVED that Resolution No, 3905 be adopted, Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None 8. 9-20-66 ORDINANCE NO. 1323 (Emergency) I Introduced & Adopted -'" , /. - , ,/' . j '" t, ~/ q_lo1r BUTTERWORTH --- ARTH -- AND CONSIDINE I HAGE _ CONSIDINE ..r FORMAN .' 17:6873 On MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously the,provisions of the Procedural Ordinance,in order to consider and act upon the following matter, were waived. The City Attorney presented and read in full Ordinance No. 1328, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 3 OF CHAPTER 1 OF ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 8130.27 ADDING TO PART HI OF THE UNIFORM BUILDING CODE A NEW CHAPTER 13.2 ENTITLED 'ADDITIONAL REQUIREMENTS FOR INDUSTRIAL AREAS~ ," MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that Ordinance No. 1328 be Introduced. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman'Considine further'MOVED that Ordinance No. 1328 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as 'fol1ow~: " AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Said document to be presented again at the next regular meeting, The City Manager will check into two items for Councilman Butterworth: 1) Open space program under the Housing and Urban Development Act, 2) Additional sources of revenue including types of tax levies which could be used by the City. 3) Proceedings of the Mayor's & Councilman's Institute held in Monterey to be obtained and submitted to the Councilmen, The Director of Public Works responded to Councilman Arth's inquiry by stating in part that as soon as the designs on a plan for permanent lighting of the pool at the high school are finished a cost estimation will be submitted to Council. The City Manager will endeavor to stay within the ratio of 1/3 of the cost ($30,000). Councilman Arth was informed concerning regulations on advertising signs for close-out sales. Councilman Rage was advised by the Director of Public Works of the procedure followed by said Department in the watering of trees on city parkways. CounCilman Considine asked for a report and the City Manager will submit same with a proposed schedule for the installation of some type of traffic control device for the intersection of Naomi and Baldwin Avenue. The subject of lighting was brought up by Mayor parking lot at the City Library was advised that the necessary of the west Forman. He , 9. 9-20-66 FORMAN FORMAN CITY ATTORNEY ADJOURNMENT 17 :6874 material has been ordered; that the installation will be accomplished upon delivery. Advised that the League of Women Voters would be honoring local women at its 10th Anniversary Luncheon on September 21, 1966, Advised that he had received a letter from former Councilman Balser; that all is well with him in his new Texas surroundings. I Advised that he had a copy of an ordinance adopted by the City of Los Angeles pertaining to deed transfer tax as a revenue measure. Mayor Forman adjourned the meeting at 11:10 P,M. ATTEST: ~~~ k ~~/;J City Clerk '-~, I 10. 9-20-66