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HomeMy WebLinkAboutNOVEMBER 7,1967 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (10-18- 67) HEARING (Root) 17:7124 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 7, 1967 The City Council of the City of Arcadia, California met session in the Council Chamber of the Arcadia City Hall 1967 at 8 p,m. in regular on November 7, Rev. E. H. Edwards, Arcadia Church of the Nazarene Mayor Robert J. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None It was MOVED by Councilman Arth, seconded by Councilman Forman and carried unanimously that the minutes of the adjourned regular meeting of October 18 be APPROVED as submitted in writing. Application of Marvin Root for a business permit to allow solici- tation of local merchants for advertising to be placed in the ... _ California Horseman magazine for publication in the Santa i\nita )/,~' issue, The staff report indicated that the publication has been in existence for seventeen years, is strictly a trade magazine and is the unofficial voice of the Western Division of Horseman's Benevolent and Protective Association. It was noted in particular that the businesses only will be contacted, /- BUSINESS PERMIT APPROVED I LOT SPLIT (Florence Avenue) ;,:. Vo-i tf-, t; . . 1- ~j' J (,1..- t The hearing was declared open and Mr. Root presented himself to the City Council. Upon inquiry he stated that there would not be any solicitation of the residential area. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously, It was theri MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the application be APPROVED and that a business permit be issued Mr. Root. The decision of the Planning Commission in approving a division of property at 2522 Florence Avenue had been appealed by the City Council at the request of adjacent residents in a communication dated September 29, Although the Arcadia Municipal Code does not provide for an appeal by adjacent property owners in the case of a lot split, the City Council on its own initiative desired to review the matter. Upon request the Planning Director explained in detail the circum- stances stating in part that the property is located on the northeast corner of Florence and Woodruff Avenues; it is improved with a 25 or 30 year old house with a garage; that the Commission considered two proposals for division of this property and approved two parcels with a north-south ~plit whereby one would have a width of 70' and the other 80'. The other proposal was for an east-west split whereby each parcel would have a 60' width. He continued that if this latter proposal were approved he would recommend that it be subject to 1. 11-7-67 TRACT NO. 27276 (line adj~stment) fI-/o/>1 17:7125 conditions specified in the Planning Department report dated September 12; that fro~ the staff's viewpoint consideration should be given to existing sttucture~ an9 their relation to other resi- dences in the neighborhood, and recommehded an east-west split. Projecturals were reviewed and the original proposal was .outlined; as was the approved lot split. The improvements were indicated and lot lines of both proposals were explored. Mayor Considine declared the hearing open and Kenneth Welte, 2510 Florence Avenue, stated in part that he is opposed to the north- south split as it would create a lot with the back yard within 6' - 8' of his living quarters and would affect the value of his property thereby. I Mrs. Walter Prucha, 2511 Florence Avenue, speaking on behalf of residents in the subject area, asked that the new lots face Florence Avenue. Mrs. G. J. Zaffiras, owner of the subject property, stated that a north-south split would place a new home within 4' of the back door of the present property. No one else desiring to be heard the hearing was CLOSED on MOTION by . Councilman Forman, seconded by Councilman Butterworth and unanimously carried. Councilman Butterworth observed that the unharmonious situation could in a very large measure be obviated by an east-west split which is preferred by the adjacent property owners as well as the applicant; that although the lots would not be 80' or 70' as reflected in the approved proposal still they would be consistent with the other 60' lots in the immediate proximity, Councilmen Forman and Arth concurred in Mr. Butterworth's observation and expressed respect for the decisions of the Commission but in reviewing it from the standpoint of the residents in the area it was their thought that a 60' x 150' lot allows for more backyard area. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Forman that the lot split be east-west (facing Florence Avenue) and be subject to all of the conditions specified in the staff report dated September 12. Councilman Hage was of the op~n~on that when an opportunity is presented to upgrade an area with a larger lot it would benefit the neighborhood; that 65' is very narrow for a corner lot and expressed preference fOr a north-south split. Roll call vote was then taken on the motion as stated: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Considine Councilman Hage None The subdivider of this tract (extension of Los Altos Avenue) filed a request with the Planning Commission for a lot line adjustment. He proposes to shift the south line of Lot 1 and the south line of the west 30 feet of Lot 2 (two feet to the north), It was explained that the owner of property abutting the south line of Lot 1 and a portion of the south line of Lot 2 is contesting (through court action) the ownership of the southerly two feet of the subject lots, The line 2. 11-7-67 . I CIRCULAR DRIVEWAY APPROV~D , ~~ I 17:7126 of survey is two feet south of an old fence line. The property owner to the south claims ownership of the property south of this fence line. It was set forth that a 2 ~oot reduction in lot depth should not adversely affect the proper development of either lot and .would permit the map to be recorded, the title insurance policy could be issued, the street and improvements could be accepted by the City, the existing barricades could be removed and the street opened to vehicular traffic, and benefits to the City would not be delayed due to a possible lengthy period of time consumed in litigation. The Commission recommended approval subject to specified conditions. ' It was then MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the requested lot line adjustment be approved subject to the following condition: In the event the court rules in favor, the subdivider shall provide the City with an irrevocable offer to deed the two foot strip of property to lots 1 and 2. This document shall be in form approved by the City Attorney. An application had been filed by James J. Marino with the Planning Commission for permission, through deletion of one of the conditions of approval of Tract No. 24104, to construct a circular driveway on properCY he recently purchased at 1236 S. Second Avenue, For safety .li~-reasons vehicular access was limited to Ilene Drive in this particu- (. lar subdivision and not permitted on Second Avenue at the time the tract was approved. Second Avenue carries relatively heavy traffic. Because of a 3 to 3 vote by the Commission the matter was before the 'City Council without recommendation. The Planning Director explained that the owner was unaware at the time he purchased the property that he would not have access to Second Avenue, however, the problem will not come up again as the City nOW requires a statement of dedication of vehicular access on the subdivision map and all conditions of approval become a part of the real estate report' in the case of a sale, James Marino, owner of the subject property, stated in part that one of the reasons he purchased the home was because his family has four cars; that he would have to have a circular driveway or turn his backyard into a parking lot. Councilman Hage expressed objection to circular driveways on Second Avenue but that in this instance the existing driveway appears adequate for about one car. He felt that in the future it would behoove the City Council to legislate regulations to make it a condition that adequate driveways be constructed. Councilman Forman stated in part that the Planning Commission gave this problem consideration over a long period of time with the de- termin8tion that the front of a house should face a .major street not the side of the house; that it is a principle the Commission has tried to develop over a number of years with subdivisions. Councilman Hage then MOVED that Mr. Marino be permitted to construct a circular driveway subject to conditions specified in the Planning Department report dated October 24, 1967 and that'the subject condition be deleted from the tract approval. in this one instance. Mayor Considine seconded the motion. ',. 3. 11-7-67 CONDITIONAL USE PERMIT (clarification request) ~b// FOOTHILL FREEWAY COMPLETION -fI- ~ 7/ RESOLUTION NO. 3966 Adopted ---- . 17: 7127 Councilman Butterworth expressed sympathy with a situation where a person buys property unmindful of a problem but from the standpoint of public safety uniform laws of a community must, in his opinion, outweigh t..he inconlTenience of the owner of the property. Mayor Considine also expressed concern with the traffic on the subject.street but felt that the matter of safety is not any greater than if it were moved one house down the street; that there are other properties facing Second AITenue which have circular driITeways and that he could not see where a circular driveway would be more hazardous than a direct drive in or drive out which the next door neighbor already has. I ROLL CALL ITotewas then taken on the motion as stated: AYES: NOES: ABSENT: Councilmen Arth, Rage, Considine Councilmen Butterworth, Forman None Orlando Clarizio, whose application for a conditional use permit to allow the expansion of the Arcadia ConlTalescent Hospital at 1601 S. Baldwin AITenue and the construction of a retirement center building on portions of said property, had been approved by the Planning Co~ission on October 10, 1967, requested clarification of one of the conditions imposed thereon: "All proposed buildings and other improvements shall be developed contemporaneously," In Mr. Clarizio's communication dated November 1, he stated that if the word contemporaneously means he should proceed with both projects at the same time he would not be able to comply due to the financing problem; that it is impossible to obtain the same financing for both projects; that there will be separate financing, separate plans and two different permits. The Planning Director explained that the Commission based its decision on the desirability of the complete project as proposed in the application and had applied the condition requiring contemporaneous development; that it was not meant to hamper the construction scheduling, but rather to insure the total deITelopment at one time rather than at widely separated dates. It was noted that if Mr. Clarizio has a revised plan he should submit it to the Commission; that the clarification request is a matter for staff to resollTe with the applicant. It was so ordered by Mayor Considine. The City Council concurred in the need for support of the Foothill Freeway Association in urging the State to ensure early funding of the as-yet uncompleted portions of the Foothill Freeway and to impress upon the Highway Commission the value to the City of full completion thereof. I Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3966, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THE VALUE TO THE CITY OF ARCADIA OF FULL COMPLETION OF THE FOOTHILL FREEWAY AND PETITIONING FOR FUNDING OF UNCOMPLETED PORTIONS OF THAT FREEWAY." MOTION by Councilman Forman, seconded by Councilman Arth and carried 4. 11-7-67 I EQUIPMENT PURCHASE Water meters p' tD~+ e..d ,,/~~ SCAG Assistance 7-/06:1 I RESOLUTION NO. 3967 Adopted , I..--"'" 17:7128 on roll call vote as follows that the reading of the full body of Resolution No. 3966 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Forman further MOVED that Resolution No. 3966 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Upon recommendation of the Purchasing Officer and the City Manager it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the contract for furnishing the City with water meters for a period of one year be awarded to the low bidder, Rockwell Manufacturing Company, in the total amount of $27,978.30; that all other bids be rejected; that any irregularity or informality in the bids or bidding process be waived; that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. It was noted that funds are available in Account 470-71-3. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Manager advised of a request of the Southern California Association of Governments for assistance in the development of a regional plan by making available for the next two years the equiva- lent of one eighth man-year per year; the person to be from the City Planning Department and he would be assigned to those aspects of the work which would relate to Arcadia. This would be by resolution pledging the stated services annually to continue through December 31, 1969, said services to have an equivalent value of $1250.00 per year, During the ensuing discussion it was observed by Councilman Butterworth that he has attended all of the meetings as Council representative and that it truly is not a monolithic organization but a voluntary association of local governments; that it is fulfilling its function of taking on and finding solutions for regional problems. It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the City participate in the program by providing one-eighth man-year of services annually to continue through December 31, 1969, said services to have an equivalent value Of $1,250.00 per man-year. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None The City Attorney presented, explained the content and read the title of Resolution No. 3967, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .ARCADIA PLEDGING PARTICIPATION IN THE REGIONAL 5. 11-7-67 SALARY SCALE Traffic Painter leadman o "If' /CI./.'.''I COMMENDATION FIRE DEPARTMENT ~ TRACT NO. 27377 ACCEPrANCE :/- //,5-<</ STORAGE TENT (Christmas trees) V' DECORATIONS (A M A) ,,/' 17:7129 PLANNING PROGRAM OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS. " MOTION by Councilman Arth, seconded by Councilman Rage and carried on roll call vote as follows that the reading of the full body of Resolution No. 3967 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3967 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Manager recommended the reclassification of an existing position to Traffic Painter Leadman and a salary range of $592 - $628 per month conditioned upon the approval by the. Personnel Board (meeting on December 14, 1967), It was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the recommendation be approved. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Communication acknowledged and ordered FILED from the County Board of Supervisors commending the fire department in its assistance in the recent disastrous brush fires. Upon recommendation of the Acting Director of Public Works and the City Manager the streets in Tract No. 27377 (Bella Vista Drive, south of Longden Avenue, were ACCEPrED on MOTION by Councilman Hage, seconded by Councilman Forman and carried unanimously. It was noted that all improvements have been completed in accordance with City requirements and conditions imposed by the Planning Commission and the City Council. It was MOVED by Councilman Hage, seconded by Councilman Forman and carried unanimously that the request of Better Gardens for permission to erect a temporary storage tent to house Christmas trees during the month of December be APPROVED subject to conditions outlined in the staff report of October 20, 1967, I It was MOVED by Councilman Forman, seconded by Councilman Arth carried unanimously that the request of the Arcadia Merchants Association for permission to install Christmas decorations in downtown area from November 27 to January 1, 1968 be APPROVED. installation to be on Huntington Drive between Santa Anita and Second Avenues. and the Said 6. 11-7-67 DECORATIONS (WAB&PA) t/ I TEMPORARY SIGN (Tournament of Roses~ / STABILITY PAY PROGRAM ,/ ORAL COMMUNICAT10NS Cond it i ona 1 Use Permit (Clarl:;io) f... (, //~ ')' .cJ. ~ I CATV (Griner) 1-5"#1 '/JiAff( II, I 17: 7130 It was MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously .that the request of the West Arcadia Business and Professional Association for permission to install Christmas decorations at 12 locations (outlined in its communication of October 26) be APPROVED. All work to be in conformance with regulations imposed by the City Engineering Department. It was MoiTED..by Councilman Forman, seconded by. Councilman Arth and carried unanimously that the Tournament of Roses Association be . granted permission to erect two 4' x 8' signs depicting progress in its campaign to finance the float in the forthcoming Rose Parade. It was noted that this is a commendable community activity. Due to the fact that no formal prov~s~on was made at budget review time for financing stability pay for department heads, it was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the department heads be granted stability pay based on the past five years of service, minimum payment under the program; that the departments finance the payment of $125 each . out of existing budget authorizations; that if this proves impossible it will be necessary to request additional financing. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Orlando Clarizio once more addressed the City Council concerning construction procedure of his proposed expansion to the convalescent hospital at 1601 S. Baldwin Avenue and the construction of a re- tirement center building at said location. He referred to the financing of the project and the specialized loans which will be necessary; that it may not be possible to secure loans at the same time for what in his opinion would be two projects. However, it was the consensus of the City Council that latitude had been granted by the fact that the conditional use permit would not start to function until Mr. Clarizio had the total financing on the entire project; that Council is concerned with its completion; that should this prove difficult Mr. Clarizio could return to the Planning Commission with an alternate application. He was advised to work with the Planning Director. Charles Griner, Assistant to the President of the International Television Corporation, addressed the City Council requesting post- ponement of the bid opening in connection with the City granting CATV franchises. Bids were to be received on November 13. He explained some of the problems which could be encountered and sub- mitted that the delay would prove beneficial 'to other bidders also, With the assurance by the City Attorney that there would be no legal problem in rescheduling the bid opening date, providing that notice of the new date be properly given and all persons who have taken out proposal forms be so notified, it was MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the City Manager, at his discretion, be authorized to extend the tim~ for receiving bids; that all persons who have received proposal forms be so notified, (NOTE: The City Manager later determined the date for receiving bids to be January 11, 1968.) 7. 11-7-67 TEMPORARY BUSINESS PERMIT ;z: S~ 'J? -0; f! ORDINANCE NO. 1365 Adopted --- RESOLUTION NO. 3965 Adopted ;../ ORDINANCE NO. 1366 EMERGENCY Introduced and adopted ;/"" 17 :7131 Terence Kennedy, of the Kennedy Motors, Inc., 400 E, Huntington Drive, requested permission to operate the used car lot at said address, stating in part that he had filed his application too late for consideration at this meeting. It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the request be granted and any fee connected therewith be waived; that the application be placed on the next agenda. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1365, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9122.5.1 OF THE ARCADIA MUNICIPAL CODE". 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 Ordinance No. 1365 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Ordinance No. 1365 be adopted. . Motion seconded by Councilman Butterworth and.carried on roll call vote as follows: "..' AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Attorney presented, explained the content and read the title of Resolution No. 3965, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4 AND 5 OF RULE IX OF THE PERSONNEL RULES AND REGULATIONS OF SAID CITY." MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3965 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Hage further MOVED that Resolution No. 3965 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: I Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Attorney presented for the first time, explained the content and read in full Ordinance No. 1366, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2720 AND 2721 OF THE ARCADIA MUNICIPAL CODE (CITY BUSINESS ON HOLIDAYS, " MOTION by Councilman Hage, seconded by Councilman Arth and carried 8. 11-7-67 LITIGATION (Dunn) ,/J ?i xl ~ I REALTY TAX ~ EXECUTIVE SESSION RECONVENED ADJOURNED I 17:7132 on roll call vote as follows that Ordinance No. 1366 be introduced and adopted. On advice from the City Attorney, it was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the purported claim of Mr. and Mrs. Allen Dunn be rejected, denied and disallowed and that they be so notified through their attorney, AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Forman asked that progress on the status of the realty property tax be watched very closely. At 9:55 p.m. t he meeting adjourned to an executive session. At 10:30 p.m. the meeting reconvened and at the suggestion of the City Attorney adjourned immediately in memory of Harry Williams who recently passed away; his widow to be so notified. Mr. Williams had been in municipal law practice for many years and had served many cities as attorney and counsel to Southern California Association of Governments. ATTEST: ~~~~~ City Clerk 9. 11-7-67