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HomeMy WebLinkAboutMAY 5,1964 I,woe^"" PLEDGE OF ALLEGIANCE MINUTE ApPROVAL ZONE VARIANCE (Bauman) PUBLIC HEARING Fl045 I 16:6237 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA MAY 5, 1964 The City Council of the City of Arcadia, California met in regular session on May 5, 1964 in the Council Chambers at 8 P.M. Rev. Lawrence Peel, Church of the Good Shepherd Led by Mayor Dale E. Turner The Minutes of the Adjourned Regular Meeting of April 21, 1964 APPROVED on MOTION of Councilman Balser, seconded by Councilman Considine and carried unanimously. The Minutes of the Regular Meeting of April 21, 1964 APPROVED on MOTION of Councilman Balser, seconded by Councilman Reibold an~ carried unanimously. The Minutes of the Adjourned Regular Meeting of April 25, 1964 APPROVED on MOTION of Councilman Reibold, seconded by Councilman Considine and carried unanimously. Planning Commission Resolution No. 505 recommending denial of zone variance application filed by the Westman Development Corporation and the Thunderbird Realty Company for construction of a 105 dwelling unit structure at 82 - 160 W. Duarte Road. The recommendation was appealed by the applicants. The Planning Director summarized the basis on which the Planning Commission had recommended denial; that the development was not suitable for the area which is an R-l zone; that the property if used for any purpose other than single family residential purpose it should be devoted to public and semi-public purposes. Projecturals were displayed of the site plan which reflected 77 units, instead of the original 105, by the elimination of underground parking. Elevations summarized by Mr. Phelps who advised that the new plan encompasses one and two-story structures. The City Clerk read into the record a communication from Max and Dorothy Maier, 146 W. Duarte Road, urging Council to approve the zone variance application. Mayor Turner then declared the hearing open and announced that the appellant would first be heard. Arthur Bauman, owner and developer with George Meeker, addressed Council at length, reading from prepared papers, summarized events which transpired during the past three years, during which time the property was acquired and held awaiting developments; that the Lutheran Church and the Masonic Lodge have acquired property to the east of the subject property and that an auditorium has been considered for 1. 5-5-64 16:6238 the same land. He made reference to a survey which the Chamber of Commerce is currently conducting to ascertain whether or not an auditorium would be supported. It was stated that the proposed de- velopment would be in the neighborhood of a $3 million investment which would inure to the benefit of the City in taxation revenue; that it would be a garden-type residential park consisting of one and two-story buildings utilizing only 25 per cent of the land with the balance in recreation areas, swimming pools, landscaping, etc. The plan was so designed as to utilize the city owned land adjacent there- to which he had offered to purchase; that if his plan could not ma- terialize he would be willing to sell his land to the City at the I price established by the City. His remarks concluded with the urgent request that he receive some indication of the consensus of the Council at this meetingQ Sid Blackford, 547 W. Duarte Road, observed that he was interested in the proceedings as he would like to know to what usage he could put his property. Henry Hege, 651 W. Duarte Road, commented that he would like the re- cord to show that David Barron represented the Chamber of Commerce as President and not the West Arcadia Business Association as included in a portion of Mr. Bauman's written statement. (On file ih the office of the City Clerk). Jack L. Tillman, 117 W. Magna Vista Avenue, felt that the area does not lend itself to apartment development; that it should be retained for city usage and referred to the three prior negative decisions by the Planning Commission. Councilman Reibo1d then MOVED that the hearing be CLOSED. Councilman Forman seconded the motion which was carried unanimously. Discussion ensued at length. Councilman Reibo1d stated in part that when the School Board indicated its lack of interest in the auditorium at this location, the land was then released from the purpose for' which it was purchased; that the proposal appears to be a proper usage and that he would be in favor of the variance on the land owned by Mr. Bauman, retaining the balance which the City owns; that the use of this portion is a policy decision of the City Council only. Councilman Forman stated in part that he had voted negatively three different times while on the Planning Commission; that he was still of the same thought that he was primarily concerned with the ex- pansion of R-3 into an area where R-3 has not as yet taken hold; that there is in excess of 100 acres already zoned for R-3 usage which has not fully developed; that in his opinion until such time additional R-l should not be placed in R-3. Councilman Balser stated in part that it should be endeavored to I blend the construction on Duarte Road between E1 Monte and Holly . Avenue; that there should be less two-story construction inasmuch as the apartment development is extensive on Duarte Road east to Holly Avenue and then converging into R-l between Holly and E1 Monte Avenues. He concurred with Councilman Forman that there was ample property zoned for R-3. Councilman Considine queried the possibility of developing the same type of structure and still be consistent with the present zoning and stated in part'that there is resistance to additional R-3 zoning until the present R-3 areas are developed; that approval might leave the City open to similar requests in other R-l areas, 2. 5-5-64 I ZONE VARIANCE (Benson) F929 I 16:6239 Mayor Turner stated in part that the decision of the Council must encompass long-range proper and best usage of the land; that it must be determined whether or not the entire area should be semi-public use; that he was disappointed in the elimination of underground parking in the plan submitted as carports are somewhat of a mainte- nance problem; that a new decision as to what should be constructed on the land may have to be determined. Discussion was held on the advisability of awaiting the findings of the Chamber of Commerce study. MOTION was then made by Councilman Balser, seconded by Councilman Forman and carried unanimously that the matter be taken under advisement and placed on the Pending Agenda awaiting the results of the Chamber of Commerce survey, but no later than July 7, 1964. . Planning Commission Resolution No. 510 recommending denial of zone variance application to permit second dwelling at 315 Le Roy Avenue. Although the appeal period had elapsed Council granted the request of the applicant's attorney for continuation of the matter as he was out of the country. The Planning Director summarized the position of the Planning Commission in its recommendation for denial as contained in said Resolution; that the lot is zoned R-l and less than 25 per cent of the lots in the immediate vicinity have two or more dwellings; that to grant the variance could change the area from R-l to R-2 develop- ment which would mean greater density of population and would consti- tute poor planning practice adversely affecting the comprehensive general plan. Discussion held at length on the manner in which the existing structure was built; that in the past, two houses were permissible which regulation was later restricted to one house on one lot in the R-l zone. That at the time the existing house was built it was possible to so do; that if the rear house was not used as a rental it would necessitate the removal of the kitchen facilities; that one may have a guest house with a main dwelling. Henry Hege, 651 W. Duarte Road, summarized the background from the applicant's point of view: that they were not financially in a position to build the second house in the beginning when they were permitted to so do; that they did built the extra garage however; that they were not aware of the change in regulation until the first application was denied. Zoning changed again at which time a second application was made which was similarly denied. Mr. Hege requested Council to consider the variance in question only as others might be similar but not identical. Discussion ensued covering the basic purpose for the original structure - that it is a two-story building with an apartment over the garage with 'a bedroom and bath with storage area adjoining; that it was always the intent to build a house on the front of the lot. Councilman Reibold was of the opinion that the matter need not return to Planning Commission; that the property surrounding the subject house would become more valuable with the addition of a house in the front; that there are few houses built in the rear with the front vacant land. Councilman Balser felt that the rear house could it is not desirable to so do in Arcadia; that in become a rental and his opinion it would 3. 5-5-64 LAND PURCHASE (Combined Yard) F790 WAB&PA (Art Festival) A:PR MORATORIUM AREA RELIEF (149 E. Huntington Drive) (F899) 16: 6240 be a backward step to allow the second dwelling and urged the Council to deny the request. Councilman Forman concurred with Councilman Balser; that in his opinion R-l zone means single family residences; that a precedent could be set; that he would sustain the Planning Commission's recommendation for denial. Mayor Turner stated in part that to him it is the property right involved; that it is difficult to maintain a front yard area; that it is indicated it would be to the betterment of the area if a house were constructed on the front of the subject lot; that each request in the future would have to be considered on its own merit; that it is unlikely there are many similar properties. I Councilman Considine observed that it is a unique problem: with a house built for future development with no apparent discouragement given at the outset; that in his opinion the property would be enhanced with a home in front. Councilman Reibold MOVED that the zone variance be granted and that the staff be instructed to recommend regulations to be incorporated in a resolution to be considered by Council at its next regular meeting. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Reihold, Turner Councilmen Balser, Forman None Upon recommendation of the City Manager it was MOVED by Councilman Reibold, seconded by Councilman Considine and carried on roll call vote as follows that the City purchase properties at 43 and 47 S. Fifth Avenue from Mr. and Mrs. Albert J. Portune in the amount of $30,000; that the City Manager be authorized to execute escrow instructions on behalf of the City in form approved by the City Attorney; that the City pay closing escrow costs, excluding any taxes due; that the sellers be permitted to occupy premises until July 1, 1964 and that the sum of $30,200 be appropriated from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Improvement Projects Account No. 302 - Property Purchase Combined City Yards. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The action of the City Manager in approving the request of the West Arcadia Business & Professional Association for permission to hold its annual Art Festival on May 7, 8 and 9, 1964 was confirmed on MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously. Permission was granted in said approval for ehe elimination of parking on both sides of Baldwin Avenue between Duarte Road and Naomi Avenue during the Festival. I MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried unanimously that the request of the Air-Vent Aluminum Company for permission to construct a patio cover at 149 E. Huntington Drive be APPROVED. (Location in moratorium area). 4. 5-5-64 HEDGES (Leverenz) I TECHNICAL STUDY COMMITTEE (Reactivated) TRACT NO. 22314 (F922) (Acceptance) SANITARY SEWERS (Peck Road) P:Road Impr. I STOP SIGNS S: Traffic 16 :6'241 Communication from Jack O. Leverenz, 1743 E1 Vista Circle, regarding the applicability of Section 9283.8.8 of the Arcadia Municipal Code to a complaint lodged by him with the City pertaining to bushes on the rear of abutting property and which he alleges is damaging his property. Mr. Leverenz addressed Council reiterating the contents of his letter and inquiring as to his recourse. The City Attorney read excerpts from his opinion rendered July 15, 196.3 pertaining to hedges. He advised Mr. Leverenz that of all remedies available civil action appeared to be the best recourse for him, and explained why. The City Council, expressing understanding of the situation, and concurring in the recommendation of the City Attorney, MOVED on motion by Councilman Reibold, seconded by Councilman Balser and carried unanimously that the communication be FILED. The Council concurring in the Manager's suggestion that the Technical Study Committee be reactivated, Mayor Turner requested that names be submitted for consideration at the next regular Council meeting (May 19, 1964) - two vacancies to be filled. On recommendation of the Director of Public Works and City Manager MOTION by Councilman Considine, seconded by Councilman Balser and carried unanimously that the streets in Tract No. 22314 be accepted for maintenance by the City as all improvements have been completed in compliance with City requirements. The City Manager advised that the County Road Department is currently completing plans for the improvement of Peck Road; that in accordance with terms of an agreement with Arcadia Industries (purchasers of Lots 2 to 25 in Tract No. 26345) the Company is required to construct an 8" sanitary sewer in Peck Road with necessary connections thereto; that inasmuch as the sewer will be within the portion of Peck Road to be improved it will be necessary to include this work in the Road Department contract for concurrent improvement. He further advised that Arcadia 'Industries have constructed a portion of the required sewer and have 1240 feet of additional sewer remaining to be con- structed - estimated to cost $13,870. In addition to the sewer requirement the plan provides for four street crossings as well as additional capacity in the main line at an estimated cost of $10,012. Total cost is estimated at $23,882. MOTION by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the recommendation of the City Manager be approved and that the sum of $23,882 be appropriated from Capital Improvement Program #290 and transferred to Account #228 Peck Road Sewer. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None MOTION by Councilman Reibold, seconded by Councilman Considine and carried unanimously that the recommendation of the City Manager be approved and that three-way boulevard stop signs be installed at: E/B on Monte Verde Drive - N/B and SiB on Golden West Avenue. 5. 5-5-64 FIRE ALARM SYSTEM (F1044) MORATORIUM AREA (Brunner) (F899) MORATORIUM AREA (Lili's Interiors) (F899) BUDGET (1964-65) (Preliminary) (Fl048 ) MORATORIUM AREA (A & A Building) (F899 ) 16:6242 The City Manager advised that the Engineering Division will review the two bids received in connection with the fire alarm system and make recommendation to the City Council on May 19, 1964. Report on the occupancy permit granted the Standard Barber and Beauty, Supply Company at 37 E. Huntington Drive and the subsequent report of the possible establishment of a Boys' Christian Church School at the same location reviewed. Also communication from Ardene D. Boller, attorney for the applicant, Harry Brunner. Mr. Boller advised that he did not know of the possibility of the "Little Kid's Church" at the time he represented Mr. Brunner before Council; that he had I informed Mr. Brunner that the permit issued by the City was for the Barber and Beauty Supply. Company only. Report ordered filed. On recommendation of the City Manager MOTION was made by Councilman Reibold,seconded by Councilman Balser and carried unanimously that the application for a business permit to occupy the building at 16 E. Huntington Drive be APPROVED. The City Manager submitted copies of the preliminary budget for 1964-65 to members of the City Council and the City Clerk. The budget was received and a schedule for review to be determined. Communications from Ardene D. Boller representing the Arcadia Lumber Company (214 N. Santa Anita Avenue) and August Goebel representing the A & A Building Material Company (310 N. Santa Anita Avenue) were made a matter of record. Both communications requesting relief from the moratorium placed on said property and protesting renewal of restrictions on the area. August Goebel addressed Council at length, chronologically reviewing events from the time of the adoption of Ordinance No. 1198 (March 19, 1963) to date, stating that said ordinance was an emergency ordinance and in substance provided that no building could be erected or altered within the prohibited area for a period of one year; that the, ordinance was in effect for about thirteen months; that it expired and was subsequently renewed for an indefinite period. Mr. Goebel stated further in part that the property owners had not been notified of the intention to adopt the second emergency ordinance nor had it been listed as an agenda item for the Council meeting of April 21, 1964 at which time the second moratorium ordinance was adopted as an emergency measure; that because of the hardship imposed on his clients due to this action, a $125,000 development was being delayed; that a date certain on the termination of the moratorium was requested. He urged that the small triangular piece of property on the north part of the proposed Wilsey, Hamm and Blair Town Center Plan be removed from the moratorium area or at least that a date certain for lifting the moratorium in the very near future be fixed. I Norman Cole, 1000 Paloma Drive, protested the extension of the moratorium which he stated in part is creating a serious problem; that he has nine tenants in the subject area and he requested Council to either remove the area in question from the moratorium regulation or place a definite termination date. Kermit Hartzler, 46 Woodland Lane, stated in part that to remove the industrial area from the plan would defeat its purpose; that the plan should be given ample time to develop and urged continuation of the moratorium. 6. 5-5-64 I ORDINANCE NO. 1243 (Adopted) ORDINANCE NO. 1241 (Introduced) I 16:6243 lom Sullivan, 160 White Oaks Drive, also urged continuation of the moratorium to the completion of the plan; that the A & A Building Material Company could seek relief for its parcel of land only. John Gavit, 43 and 45 Santa Clara Street, requested relief from the moratorium; that he is desirous of building on his vacant property and that if and when the Central Area Plan develops, in ten years or so, the triangle could then become a parking lot. Discussion held on a reasonable period of time for termination of the moratorium with the consensus of the Council being that a time certain should be set and the ordinance subsequently amended; that after such action the property owners would be so notified as several areas had already been released and relief granted to about 55 owners. MOTION was then made by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the staff be instructed to outline a firm schedule for the removal of the moratorium and to sub- mit same to Council at its May 19, 1964 meeting. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1243, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3214.1 OF THE ARCADIA MUNICIPAL CODE AND SECTION 11.9 OF THE UNIFORM TRAFFIC ORDINANCE." MOTION by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1243 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Reibo1d further MOVED that Ordinance No. 1243 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1241, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1241 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Balser further MOVED that Ordinance No. 1241 be introduced. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Considine, Forman, Reibold, Turner NOES: None ABSENT: None 7. 5-5-64 RESOLUTION NO. 3673 (Adopted) (F790) RESOLUTION NO. 3674 (Adopted) (FlO 26) RESOLUTION NO. 3675 (Adopt ed) (Fl026) 16:6244 The City Attorney presented, explained the content and read the title of Resolution No. 3673, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES AND ORDERING THE ACQUISITION THEREOF." MOTION by Councilman Forman, seconded by Councilman Reibo1d and carried on roll call vote as follows that the reading of the full body of Resolution No. 3673 be waived: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilmen Forman further MOVED that Resolution No. 3673 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Attorney presented, explained the content and read the title of Resolution No. 3674 ,entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING EXCLUSION FROM THE UNIFIED SEWER MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT PORTION OF SAID DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF THE ALTERATION OF THE BOUNDARY OF SAID CITY." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3674 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Balser further MOVED that Resolution No. 3674 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reihold, Turner None None The City Attorney presented, explained the content and read the title of Resolution No. 3675, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING WITHDRAWN FROM THE LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT THAT PORTION THEREOF INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF ALTERATION OF THE BOUNDARY OF SAID CITY." I MOTION by Councilman Reibold, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No" 3675 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reihold, Turner None None 8. 5-5-64 RESOLUTION I NO. 3676 (Adopted) A: Sister City Com RESOLUTION NO. 3677 (Adopted) I ZONE VARIANCE (Bauman) F1045 16: 6245 Councilman Reibo1d further MOVED that Resolution No. 3675 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Attorney presented, explained the content and read the title of Resolution No. 3676, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 3551 BY ADDING A NEW SECTION 10-A, FIXING THE DATE AND PLACE OF THE REGULAR MEETINGS OF THE ARCADIA-TRIPOLIS SISTER CITY COMMISSION." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3676 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Balser further MOVED that Resolution No. 3676 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The City Attorney presented, explained the content and read the title of Resolution No. 3677, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING THE INTERSECTION OF MONTE VERDE DRIVE AND GOLDEN WEST AVENUE AS A STOP INTERSECTION AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT." MOTION by Councilman Reibold, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3677 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Reibold Motion seconded by follows: further MOVED that Resolution No. 3677 be adopted. Councilman Forman and carried on roll call vote as AYES: NOES: ABSENT: Councilmen None None Balser, Considine, Forman, Reibold, Turner Arthur Bauman again addressed Council asking the possibility of obtaining a determination on his application for a zone variance at an earlier date than July 7, 1964. He was advised that Council will take action after receiving the report from the Chamber of Commerce which is expected early in June. 9. 5-5-64 < n sp) <nsp) ADJOURNMENT 16:6246 Councilman Considine advised that he had received several telephone calls regarding sidewalks along Baldwin, Holly and Santa Anita Avenues; that it had been his suggestion that a letter be directed to the Mayor and City .Council requesting a public hearing in order for the matter to be opened for discussion. Mayor Turner agreed that it was a problem of long standing and that in some manner it would have to eventually be resolved. It was brought out that an assessment district may always be formed at the institution of the property owners involved. I Mayor Turner reminded Council members of forthcoming meetings. Also ' that they be prepared to make recommendations for the replacements on various Boards and/or Commissions at the June 25 executive study session. At 11:59 P.M. Councilman Forman moved, seconded by Councilman Considine and carried unanimously that the meeting adjourn to Monday May 11, 1964 at 7 P.M. in the Conference Room. C)aA /"~ Mayor Turner ATTEST: ~~jd~n~ I 10. 5-5-64