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HomeMy WebLinkAboutDECEMBER 5,1967 17:7141 MINUTES CITY COUNCIL qF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 5, 1967 , I The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on December 5, 1967 at 8 p.m. INVOCATION David M. Reed, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Mayor Robert J. Considine ROLL CALL PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None MINUTE APPROVAL (11-21-67 11-29-67) On MOTION by Councilman Hage, seconded by Councilman Forman and carried unanimously the Minutes of the Regular Meeting of November 21, 1967 were APPROVED. On MOTION by Councilman Arth, seconded by Councilman Butterworth and carried unanimously the Minutes of the Adjourned Regular Meeting of November 29, 1967 were APPROVED. HEARING Planning Commission Resolution No. 621 recommending the amendment of (Zone text) the Municipal Code to require Council hearings on zone changes which (J, 1p-n.""~;/1' are recommended ~or denial by the Commission only if there is an {' cI, /,/t! appeal filed fro~ such decision. The Planqing Director explained /I~-I ~~that as the requirement now stands the City Council must hold public ~ I hearings on all zone change applications; that often the applicant abandons the application after hearings of the Commission and a decision for denial is recommended; that the applicant may not even be present to state his case; that the recommended change would require that an' appeal be filed in such instances in which event the Council would be required to schedule a public hearing. No filing fee would be necessary. ' Mayor Considine declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. I It was MOVED by Councilman Arth, seconded by Councilman Hage and carried unanimously that the recommendation of the Planning Commission as outlined in its Resolution No. 621 be APPROVED and that the City Attorney be instructed to prepare the appropriate ordinance to effect this change. MORATORIUM The Planning Director explained in detail the recommendation of the (90 days -. Planning Commission for a declared moratorium on approval of new applications for any proposed restaurant. It was stated in part restaurants) that approximately 30 days ago the Commission initiated a study on , restaurants;that it was brought about because restaurants which fl. ~&'1~" ~ normally would be classified as drive-in bu~inesses under the terms v;:J (/ {l of the zoning ordinance have._ been redesigning their building plans ?/I/ (}h)}"0 " ,to take on the appearance of a restaurant st ill retaining the operating characteristics of a drive-in business; that once classified 1. 12-5- 67 ?'J. ?/ ' , 17 :7142 as a normal restaurant , '/ , ,'I wherein the development /) /!/ /.Ah-,;;,-- use permit would not be required considerably less restrictive. ,- , a conditional standards are The Planning Director explored the parking requirements for normal type restaurants (10 off-street parking spaces for each 1000 sq. ft. of gross floor area) while drive-in restaurants are required to have 20 off-street parking spaces for each 1000 sq. ft. of gross floor area. That a drive-in business may have harmful effects on other businesses within the block by disrupting the flow of pedestrian traffic through breaking the linkage between the various types of retail businesses; that in addition thereto the effects of driveways from a drive-in business interferes with the safe flow of vehicular traffic. The Commission requested the moratorium in order for the completion of a comprehensive study through public hearings and eventual recommendation to Council. I Councilman Butterworth stated in part that in his op~n~on this type of moratorium constitutes interference with private enterprise and can work tremendous hardship upon landowners who rely on our existing code as it relates to zoning and purchase land through loans, pay taxes and interests on loans, and then are unable to proceed; that Council should be cautious in the area,of moratoriums which have the effect of sterilizing land which could certainly bring private enter- prise to an end; that on the other hand, in view'of the unanimous recommendation of the Planning Commission and the Planning Department he would be willing to impose a 90-day moratorium in this particular situation. Councilman Hage agreed with Mr. Butterworth to a point, but questioned whether or not the same study could not be accomplished without an ' actual moratorium; that if not he was concerned with a situation where property had been purchased for the development of a restaurant based upon existing regulations and then suddenly find they had been changed. He felt some provision should be made to cover this possibility. Councilman Forman was concerned with placing a moratorium on a particular type of business and legislating a person's right to enter any business he chooses; that he would feel differently if this were a particular area which was under study and expressed reluctance to imposing a moratorium on a business; that he would like to see the Commission move posthaste to upgrade the drive-in phase of the restaurant business, and observed that in his opinion the definition of "carry-out restaurants" is not a proper term; that "drive-in restaurants" would probably be more definitive. Councilman Arth expressed the same reticence to a moratorium due to the length of time that such an imposition can be prolonged and referred to conditional use permits required for drive-in restaurants. That the problem seems to be the many fad-type operations which could I develop into enigmatic situations for the City at a later date; that he would like to see the undesirable businesses restricted but in no way limit the truly legitimate restaurants. Mayor Considine agreed with the reluctance to impose a moratorium, but in his opinion the Council has an obligation to consider what effect any particular type of business or residence might have on the total community; that some drive-in businesses seem to have a tendency to reduce values in and around them because of the type of patronage they attract; that they could create a difficult situation for a more dignified business which might be adjacent; that in his thinking drive-in businesses should be placed in areas where the operation would not be detrimental. He continued with reference to 2. 12-5-67 17 :7143 the proposed moratorium he would be of the opinion that a moratorium should,not be placed on a restaurant which would meet the code as a bona fide restaurant; that in the case of what would appear to be a p,seudo restaurant this could be discovered at the time of the request for a building permit. I Following further discussion Councilman Butterworth stated once more that he does look upon a moratorium as an interference in the rights of people to develop' property and that in his opinion adjoining landowners do not have the right to interfere either, but he was persuaded by the fact that the moratorium has been recommended by the unanimous vote of the Commission concurred in by the Planning Director, therefore, he MOVED that a 90-day prohibition be placed on the erection, alteration, moving in or commencement of occupancy of buildings for restaurants, the same to be effective as of this date. Motion seconded by Councilman Arth. It was noted that the regulation would not apply to ~ premises with respect to which plans have already been submitted to the, City and applications made for a building permit, provided that such plans comply with the present regulations applicable to restaurants. Roll call was then taken on the stated motion. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine Councilman Forman None (NOTE: Emergency Ordinance .No:;.~1369 adopted later in this meeting) ;~.- STUDY Upon recommendation of the appo~ted committe~(~u~cilman Arth, (General Plan) Planning Commissioner Parker, City ~anager and Planning Director and a I 4, < (. ,,'Planning Commission) it was MOVED by Councilman Forman, seconded by , ' '~. . Councilman Hage and carried on roll call vote as follows that the ~~~~ firm of Simon Eisner and Associates be retained as consultants for a reconnaissan~e study concerning the need and remaining work to be done, if any, on a general zoning plan. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None RESOLUTION NO. 3972 At the request of Councilman Butterworth this matter was taken at this time. Adopted ::;- : J./ '6 CI -,,,. The City Attorney presented, explained the content and read the title of Resolution No. 3972, entitled: "A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO PAY OUT OF ITS MUNICIPAL FUNDS ONE HUNDRED PER CENT (100%) OF THE AMOUNT OF TAXES TO BE DERIVED FROM'THE AREA OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA WITHIN THE CITY OF ARCADIA FOR THE FISCAL YEAR'BEGINNING JULY 1, 1968, AS SUCH AMOUNT OF TAXES SHALL BE FIXED IN AUGpST, 1968, BY RESOLUTION OF THE BOARD OF DIRECTORS OF SUCH METROPOL~TAN WATER DISTRICT." I MOTION by Coun~ilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3972 be waived: AYES: NOES: ABSENT: Councilmen None None Arth, Butterworth, Forman, Hage, Considine : , 3. 12-5-67 17 : 7144 Councilman Forman further MOVED'that Resolution No. 3972 be adopted. Motion seconded by Councilman Arth. Councilman Butterworth stated once again his opposition to paying the Metropolitan Water District assessment out of water funds. He referred to previous discussions at which Councilman Arth submitted a study which clearly demonstrated that the average homeowner came out ahead if the assessment were placed on the property tax bill rather than on his water bill. He stated he has been satisfied in his mind that many of the businesses oc the community really are not paying their fair share of the assessments because their use of I city water is limited; that if it were placed on the tax bill they would pay substantially more than they now do and all to the relief of the homeowner and lastly if placed on the tax bill it would become tax deductible for everyone in the community; that if the assessment is collected out of water bills then no one in the city can deduct the charges. In conclusion he referred to areas which wholly escape their fair burden of the charge by virtue of their being served by other water companies; that this in his opinion .is an inequity. Councilman Arth concurred with Mr. Butterworth in principle; but that if he had felt the City would be in need of funds he would have taken a strong stand on placing the assessment on the tax bill rather than another increase in water rates, however, in endeavoring to reduce the water rates problems might have been encountered just the same; that it being the judgment of the City Manager and Water Superintendent the City can be self sufficient at least for a year or two with the current rate structure and that any change in the procedure should be postponed. Roll call was then taken on the stated motion. AYES: NOES: ABSENT: Councilmen Arth, Forman, Rage, Considine Councilman Butterworth None ORDINANCE NO. 1369 Emergency AdoPt/ The City Attorney presented and read in full Ordinance No. 1369 (moratorium) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROHIBITING THE ERECTION, ALTERATION, MOVING IN OR COMMENCEMENT OF OCCUPANCY OF BUILDINGS FOR RESTAURANTS." MOTION by Councilman Hage that Ordinance No. 1369 be adopted. Motion seconded by Councilman Arth and carried' on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None None NEW WELL DRILLING / (/7/ " 8", ,.'., Ooon,"", '0"'"'0'" w" "'0'" "0' ,., ""'08. III The City Manager advised that a study 'previously authorized by the City Council for a new Raymond Basin well has been completed by James M. Montgomery, consulting engineers; that it is their recom- mendation that the well be located on City property at the southeast corner of the Hugo Reid Park. It was explained that adjacent property owners will be informed of the need for the well and the proposed schedule; that the work will be completed prior to the opening of the Little League season. 4. 12-5-67 I BID CALL LANDSCAPE MAINTENANCE ---- REFUSE COLLECTION ~ HIGH SCHOOL BAND LAUDED 0' I~ /..!--.7 I 17:7145 It was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the Water Department be authorized to expend $67,500 for the design and construction of the well; that plans and specifications be completed promptly and that upon completion of the development and testing of the well the engineers be authorized to prepare plans and specifications for equipping the well; that the sum of $67,500 be appropriated from Reserve for Replacement of Fixed Assets Account in the Water Fund and transferred to Account 470-71-8 Well Replacement - Raymond Basin. AYES: NOES: ABSENT: Councilmen Arth, Forman, Rage, Considine None Councilman Butterworth In submitting a draft set of specifications covering landscape maintenance by a private contractor the City Manager advised that through the preparation of said specifications it has become evident a contractor would have no way of knowing what might be encountered in the way of expensesh that the specifications as prepared would relieve him of these/predictable expenses; that it still appears there would be a savings to the City, based upon contracting, but it is reduced to a point where actual bids would assist the City Council in making a decision as to whether to contract or continue to use city forces. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Forman and carried unanimously that the City Clerk be and she is hereby authorized to advertise for bids to be received December 27, 1967 at 11 a.m., the results to be submitted to Council at the regular meeting of January 2, 1967. The City Manager advised that following direction of the City Council, staff has been working on the development of additional standards to govern refuse collectors licensed to operate within the City; that before they could be completed an accident in the residential area has indicated the need for further detailed and more stringent standards than had previously been contemplated; that the staff will endeavor to have this information available at the next Council meeting (December 19, 1967). Mayor Considine commended the Arcadia High School Marching Band in its third consecutive win of the State Championship Sweepstakes trophy held November '25 in Long Beach. He suggested that an appropriate scroll be prepared by the City incorporating each name of the par- ticipants for presentation to the School to be displayed in the Trophy Room. ~e further suggested that pins and/or charms be presented also. The City Council unanimously concurred in the suggestion and it was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the City Manager be instructed to carry out the s~ggestions as outlined by Mayor Considine. AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth 5. 12-5-67 COMMUNITY FAIR d /J a' f. r . . 't'1/-I;, , I,;: PROCEDURAL ORDINANCE WAIVED FINAL APPROVAL Tract 27276 /'- lo/g' LITIGATION "lk':/! ALL NIGHT PARKING l' :) RAPID TRANSIT 'J--'-F MAYORS GROUP 1'/' RECESS RECONVENE 17:7146 The request of the Arcadia Junior Chamber of Commerce for permission to hold a community fair on city owned property at the southeast corner of First and Wheeler Avenues on May 15 - 19, 1968 was APPROVED on MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously. All fees connected therewith were waived. Note: The original request was for use of property to the west of the City Library, however, Don Fickas, President, asked for the change of location. On MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously the provisions oc the procedural ordinance were waived in order to consider the following item. I Arthur Bauman, subdivider of Tract No. 27276 (extension of Los Altos Avenue) asked for permission to remove the barricades at both ends of the subject subdivision streets, and referred to the fact that all requirements and conditions imposed have been met. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that streets in said tract be accepted for maintenance by the city and that items covered by cash deposits with the city treasurer be constructed by the Department of Public Works prior to December 30, 1967 if not completed by the developer. AYES: NOES: ABSENT: Councilmen Arth, Forman, Rage, Considine None Councilman Butterworth The City Attorney advised that the City had been served with Complaint, Summons and Temporary Restraining Order in suit by Mr. & Mrs. Alan Dunn for damages and injunction. Council will enter an executive session to consider same. Councilman Arth asked the City Manager to ascertain the possibility of posting streets indicating no all night parking. Councilman Forman stated that copies of the Vaughn Report will be forthcoming (Rapid Transit) coocerning transportation; that he recently met with the League of California Cities Transportation Evaluation Committee. Mayor Considine advised that a new group is formed composed of the Mayors and/or Mayors Pro Tempore of the San Gabriel Valley. Purpose is to consider all aspects of government. It will meet every other month starting in February 1968 (dinner meetings) cost to be divided equally among all in attendance at a particular meeting. I At 9:15 p.m., the meeting recessed to an executive session in the Conference Room - for the purpose of discussing personnel and the litigation matter previously referred to. At 10:10 p.m., the meeting reconvened. 6. 12-5-67 --------------._--- ~)i: I ADJOURNMENT I 17 :7147 It was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the City Attorney be authorized to employ at his discretion special counsel to represent the City in the matter of Superior Court Action No. ,NEC 6812 entitled Alan & Edith Dunn vs the City of Arcadia and that he be directed to defend such action. AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilmen Butterworth The City Attorney stated that the discretion vested in him would be exercised in accordance with discussions held in the executive session. At 10:15 p.m., Mayor Considine adjourned the meeting. Mayor Considine ATTEST: ~~~a~~~ City Clerk 7. 12-5-67 (