HomeMy WebLinkAboutSEPTEMBER 5,1967
I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(8-15-67
8-22-67)
CONDITIONAL
USE PERMIT
APPROVED
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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
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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)
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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
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'REQUEST FOR
FEE REDUCTION
(Denied)
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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)
'~
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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
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8.
9-5-67
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