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HomeMy WebLinkAboutSEPTEMBER 5,1967 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (8-15-67 8-22-67) CONDITIONAL USE PERMIT APPROVED ,p: :/-,.1.. p4f2.- I 17:7093 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 5, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on September 5, 1967 at 8 p.m. Rev. Jack D. Stegeman, Shepherd of the Hills Lutheran Church Mayor Robert ~. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None On MOTION by Co~ncilman Hage, seconded by Councilman Arth and carried unanimously the minutes of the regular meeting of August 15, 1967 were approved as submitted in writing. Councilman Butterworth and Mayor Considine abstained from voting due to their absence from said meeting. On MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously the minutes of the adjourned regular meeting of August 22, 1967 were approved as submitted in writing. Planning Commission Resolution No. 618 recommending the granting of a conditional use permit to remove the existing facilities from property owned by the Union Oil Company at the northwest corner of Baldwin Avenue and Huntington Drive. The Planning Director advised that the subj~c~ property is in Zone C-O a~d is currently in use as a service station; that the 'plans comply with regulations concerning minimum setbacks, and lot area requirements., He explored the conditions recommended for approval as set fprth in said resolution and in a communication dated August 15, 1967. , Concurring therewith it was MOVED by Councilman Forman, seconded by 90uncilman Hage 'and carried unanimously (4 AYES) that the City Council sustain the recommendation of the Planning Commission and grant the conditional use permit to authorize the removal of an existing service station and to construct new service station facilities on'the northwest corner of Baldwin Avenue and Huntington Drive subject tp conditions outlined in Resolution 618 and that the following sections of the Arcadia Municipal'Code be WAIVED: Section 9261.4.1 - prohibiting a free standing sign. Section 9275.4.16 - prohibiting oil display cabinets on pump islands. In addition: that the required planter and the wall shown on the diagram on the north property line be moved to the north property line of the adjoining lot and that the planters in front of the pump islands b~ three feet instead of the required five feet. NOTE: Councilman Arth abstained from voting' due to his affiliation with the Union Oil Company. 1. 9-5-67 j COMMUNICATIONS REFERRED TO PLANNING COMMISSION 7' (,,1/ RESOLUTION NO. 3956 Adopted ;/(,/1 RENEWAL OF MEMBERSHIP California Water Resources a ,yo :'/. ,- 17:7094 On MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously the letter signed by four property owners on Callita Street opposing any addition to the Arcadia Convalescent Hospital located at 1601 S. Baldwin Avenue was ordered filed. (This motion later set aside and the communication was referred to the Commission.) The City Attorney presented, explained the content and read the title of Resolution No. 3956, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUSTAINING THE ACTION OF THE CITY PLANNING COMMISSION AND DENYING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING CONVALESCENT HOSPITAL AND TO CONSTRUCT A RETIREMENT HOME ADJACENT TO THE INTERSECTION OF BALDWIN AVENUE AND CAMINO REAL IN SAID CITY." I 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. 3956 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterwqrth, Forman, Rage, .Considine None None Councilman Arth further MOVED that Resolution No. 3956 be adopted. Motion seconded by Councilman Butterworth and carried' on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine Councilmen Forman, Hage None Upon the advice of the Planning Director that revised plans have been filed with the department; that a hearing has been scheduled for September 12 and that it would be possible to report back to the City Council at the next regular meeting, it was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the previous motion to file the communication with reference to the subject property be set aside and that same be referred to the Planning Commission; It was noted that in the essence of economy the membership in the California Water Resources Association was discontinued as of July 1967. Mr. Henry Greene, Executive Manager of the Association, addressed the City Council making an appeal for the reinstatement of the membership and explaining the need for continued support. His presentation included the distribution of a Statement of the Association as recently presented before the Senate Water Resources Committee in Sacramento and informed Council on the operations of , said association. I The City Council agreed that sound legal and financial remedies must be found to keep the State Water Program whole and the importance of water in the State at the present time, and that since the City belongs to no other such organization it was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that membership in the Association be reinstated for the fiscal year 1967-68 ($500 annually). <( AYES: Councilmen Arth, Butterworth, Forman, Hage, Considine NOES: None ABSENT: None , Robert Phillips expressed appreciation to the City Council for its favorable decision. 2. 9-5-67 BANK REVIEW & SIDEWALK SALE (WAB&P8. i p (f I IMPROVEMENTS ACCEPTED IN TRACT NO. 24286 5f-II,j~ WORK COMPLETION Osborn Constructors (El Monte Avenue) }_ 1110 WORK COMPLETION Osborn Constructors (street improvement project) ./-/IG? I EXCESS RIGHT OF WAY: (returned to owner) p' ~/1 6f ,.r,F~ DRAINAGE at the UPPER "Y" (Informative) . )' Id-t $:, . r' 17:7095 On MOTIO~ by Councilman Butterworth, seconded by Councilman Forman ~nd carried unanimously the West Arcadia Business & Professional Association was granted permission to hold its annual Band Review on November 18 and also its' sidewalk sale on September 23. Both events subject to city regulations. Upon the.advice of the City Manager, Water Manager and the Director of Public Works that improvements in Tract No. 24286 (Wigwam Avenue) have been satisfactorily completed, it was MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the streets in said tract be accepted for maintenance by the City. Upon the advice of the City Manager and the Director of Public Works that Osborn Constructors, contractors for the improvement of El Monte Avenue, Duarte Road to Lemon Avenue, and Las Tunas Drive to Live Oak Avenue, have satisfactorily completed 'the work as outlined in the plans and specifications, it was MOVED by Councilman Hage, seconqed by Councilman Arth and carried on roll call vote as follows that the work be accepted and that final payment be authorized in accordance with the terms of the contract. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Upon the advice of the City Manager and the Director of Public Works that Osborn Constructors, contractors for the construction of the 1966-67 street improvement project, have satisfactorily completed the work as o~tiined in the plans and specifications, it was MOVED by Councilman Forman, seconded by Councilman Butterworth and carried on roll.call vote as follows that the work be accepted and that final payment be authorized in accordance with the terms of the contract. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None' None It was MOVED by Councilman Hage, seconded by Councilman Forman and carried on roll call vote as follows that the recommendation of the City Manager and the Director of Public Works be accepted and that the Mayor and City Clerk be and they are hereby authorized to execute a quitclaim deed in form approved by the City Attorney returning the right of way to the abutting property owner the excess property at the'northwest corner of Baldwin Avenue and Huntington Drive. This wi11' return the property to the tax roils,. The owner being Union Oil Company. AYES: NOES: ABSTAIN: ABSENT: Councilmen Butterworth, Forman, Hage, Considine None Councilman Arth, due to his affiliation with said company. None The City Council accepted the report of the City Manager and the Director of Public Works concerning the results of a departmental investigation into a spring on private property northerly and westerly of the: intersection of Colorado Place, Colorado Street and Colorado Boulevard (Upper "Y"). 3. 9-5-67 LIGHTING MAINTENANCE DISTRICT NO. 30 f(. /)' <;) 'REQUEST FOR FEE REDUCTION (Denied) /. I~!,'./ " ("t.~,-; I.t'.. INCREASE IN PAVING CHARGES (water service installations) --- PROCEDURAL ORDINANCE WAIVED BUILDING CODE p. AIRPORT SERVICE ../ 17:7096 At the end of each year, the city forms Lighting Maintenance Districts for street lights installed within subdivisions and other projects during the past 12 months, therefore, it was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the City Engineer file a report of costs and plats of the district to be assessed in accordance with the provisions of the Municipal Lighting Maintenance District Act of 1927, Division 14, Part 3 of the Streets and Highways Code. (Reports to be filed September 19, 1967). The Lad Enterprises (Party Wagon) submitted a request for a re- duction in the requirement of a $20 filing fee' and a $10 per day fee for operating riding devices upon a temporary or transient basis. They propose to cater to private parties for children (ages 2 to 10) with 3 rides mounted on a 20' trailer. I It was noted that the Arcadia Municipal Code does not provide for exceptions in connection with Section 6220.30 thereof, whereupon it was MOVED by Councilman Forman, seconded by Councilman Butterworth and carried on roll call vote as follows that the request for a waiver from the Code be and it is hereby rejected. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Upon the recommendation of the City Manager and Water Manager the City Attorney was instructed, on MOTION by Councilman Arth, seconded by Councilman Forman and carried unanimously, to prepare the appropriate ordinance amending the Arcadia Municipal Code Section 7523.4 as follows: Section 7523.4. Paving charges for all lateral installations up to one inch (1") shall be Thirty and no/100 dollars ($30.00). All installations larger than one inch (1") shall be constructed at actual cost of labor and material, equipment, insurance and overhead charges. (Ordinance No. 1361 introduced - Pg. 17:7099) On MOTION by Councilman Forman, seconded by Councilman Butterworth and carried unanimously the provisions of the Procedural Ordinance were waived in order to consider the following matters. The following minute resolution was adopted on MOTION by Councilman Butterworth, seconded by Councilman Hage and carried unanimously in order to assist the State Housing and Community Development Department in making modifications to its policies and procedures in an effort to better pe~form its functions: I RESOLVED: that the City execute a Notice to the State Department of HOUSing and Community Development to the effect that the City has and is enforcing a local ordinance or ordinances prescribing minimum standards equal to or greater than certain provisions of the Health and Safety Code. The City Manager advised that the new airport service is in operation. 4. 9 - 5- 67 STREET WIDTH (Los Altos) '~ ~: /0 J 8 I " I 17:7097 Dennis Garside inquired as to how long the red curb would have to remain in front of his property at 482 Los Altos Avenue. This was nec~ssitated by the half width street at that particular portion of Los Altos Avenue. He read a communication from Vincent Ubl concerning the red curb in front of Mr. Ubl's property at 483 Los Altos Avenue. Said letter filed with the City Clerk. Mr. Garside continued in part, that it not only creates a hazard but would result in deprediation of his property value' especially 'if it continued for any length of time. During the ensuing discussion it was pointed out by the Director of Public Works that the department had no alternative but to restrict the parking and reference was made to the fact that when the tentative map was being considered the subject area had been desig- nated as requiring the restricted parking conditions. It was also noted that the public safety hazard is more extensive on the south side of the street than on the north side where the red curb in front of 483 Los Altos was necessary for the convenience of the property owner at 505 Los Altos. Mrs. George Mason, 505 Los Altos Avenue, addressed the City Council: II this situation was not necessary because we had time after time made an offer to dedicate the land and the offer is still standing and the City in the beginning made an illegal promise - I consider it an illegal promise - to a developer that they would condemn our property. The very first time this matter came up we were not notified by the city that our property was being considered in this subdivision matter. We got a call from the developer the night before the Planning Commission met telling us that regardless of what we did or said the street was going to go through and unbeknown to us several people down the street had heard about it and they came here to protest it. Their protest was completely ignored at the Planning Commission meeting as well as at the Council meeting upon which this matter was voted upon. The developer had nothing to say at the Council meeting or the Planning Commission meeting. Apparently this was all done behind the scenes and the vote was 3 to 2 at both the Planning Commission meeting and the Council meeting despite all th~'opposition. We had attorneys representing the property owners and this sort of thing... at the Council meeting at which the tentative map was approved the city also included a resolution (I'd guess you would call it) that our property would be condemned if we didn't go along to dedicate our land and pay for the cost. "Now from that time on this thing has been battered back and forth and we feel we have had access to the street, we didn't need access, but we were willing to dedicate our land but the city preempted our right to deal with the developer in the ordinary course of business. We have had the pressure from the city right along in favor of the developer and this is what it has developed into and this situation that our neighbors are complaining about is absolutely unnecessary.1I The City Attorney stated for the record: "For the record I would like to point out that there are seven members on the Planning Commission and I doubt anything was passed by a 3 to 2 vote where 4 votes are the minimum requirement for them to pass anything. More important, I would like to negate the statement that all this was done behind the scenes. There isn't anything that has been done on this matter that hasn't been done at the Council table or the Planning Commission, or at appropriate staff meetings. They are then brought forward and finalized before the s. 9-5- 67 r r I-I, 17:7098 Planning Commission and the City Council. '~ith respect to the illegal promise to condemn the property, that is not what the minutes state. The minutes state that the city will instruct the staff to take appropriate proceedings for the acquisition of the property for the uniform width of the street. It is rather odd that both sides of the controversy take a different viewpoint on what was said and what was done and what the legal effect was and what was legal and what wasn't. The fact remains that when that directive was given to the staff I contacted the Masons' then attorney and after explaining the situation'got from them a com- mitment - from the attorney - that they would dedicate free of charge if they would not be assessed anything for the cost of the im- provements. The directive was to acquire the property by appropriate proceedings, and I can't think of anything more appropriate than acquiring it for nothing. That was reported to the City Council. At that time the then subdivider did not care to accept the offer of dedication with the attached condition that they not be assessed anything, and for a while the subdivision was dormant. It came back again and at that time you approved the subdivision with the narrower section in front of the Mason property and authorized the establish- ment of a trust lot across the front of it. That is where we stand at the present time. That is the record." I Mayor Considine observed that the subject subdivision has been before, the legislative body many many times and that the same claims have been heard repeatedly; that he was certain in his own mind that there was no behind the scenes agreement; that Council is only interested in securing the best possible subdivision for the City. Mr. Fox,'representing the subdivider, referred to a request by the subdivider, Arthur Bauman, for the waiving of eight of the conditions required by the City prior to the signing of the final map which is thereafter recorded. Reasons therefor were set forth in a communi- cation dated September 5, 1967. It was the consensus of the City Council th~~ the subject request in its entirety be returned to the Planning Commission. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Forman that the new request be referred back to the Planning Commission for its recommendation. The Subdivider, Arthur Bauman, expressed concern with the delay and referred to inspection fees which were due the City and stated in part that the conditions referred to were not part of the conditions of approval; that they had been brought to his attention thereafter;' With instructions to the Planning Director to submit the matter to the Commission at its next regular meeting in order to report back to the City Council on September 19, 1967 the MOTION was carried on roll call vote as follows: " ,'. .' I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None E. B. Wooley, 2506 Florence Avenue, stated that he is being advised by his attorney concerning a dispute he is having with Mr. Bauman with reference to a fence line. \t." 6. 9-5-67 ORDINANCE NO. 1361 Introduced ~ 1 ~ I ORDINANCE NO. 1362 Introduced I OPTIOl'l TO PURCHASE CITY OWNED PROPERTY (BBC) ~. ,/ REALTY PROPERTY TAX 17:7099 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1361, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA ~ICIPAL CODE BY AMENDING SECTION 7301.2 THEREOF CONCERNING EXCAVATION FEES." MOTION by. Councilman,Butterworth, seconded by 'Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1361 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, ~orman~ Hage, Considine None None Councilman Butterworth further MOVED that Ordinance No. 1361 be introduced. Councilman Forman seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Attorney presented for the first time, explained the content 'and read the title of Ordinance No. 1362, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7523.4 pF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1362 be waived: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, H~ge, Considine None None Councilman Forman further MOVED that Ordinance No. 1362 be introduced. Councilman Hage ,seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Attorney advised that he had prepared a performance bond which would be acceptable to him in connection with the option to purchase city o~ed property on Santa Anita Avenue between Wheeler and Santa Clara Streets by the BBC Corporation; that same had been .submitted to tqe corpor~tion, and that Mr. Coppege of BBC and Mr. Siskel of the bonding company had approved the same over the phone. ,Whereupon it was MOVED by Councilmari Butterworth, seconded by Councilman Hage and carried unanimously that the City Treasurer be and she is hereby directed to deposit the $19,854.24 certified check which ha~ been held pending the receipt of a specimen performance bond and that the City Council ratify the five months option upon the terms of the extension approval. Councilman Form~n stated in part that Governor Reagan has now signed the bill imposing tax on instruments of conveyance with respect to 7. 9-5-67 COMMITTEE APPOINTMENT 17:7100 real property and that in connection therewith he would ask the City Manager to keep informed in this regard in order for the City to receive its share of those funds and that when this enactment becomes operative he would like to see some action taken posthaste on the part of the City Council to remove the local realty property tax. Mayor Considine stated he had submitted the name of a local citizen to Governor Reagan to serve on the "Salute to City" committee. Upon ratification he would make known the appointee. At 9:36 p.m., the City Council recessed to an executive session with I the City Manager. With Councilman Butterworth acting as City Clerk, the meeting reconvened at 10:05 p.m., and adjourned immediately thereafter. ATTEST: ~-I~.~jn~ City Clerk I 8. 9-5-67 ,