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HomeMy WebLinkAboutFEBRUARY 21,1958 I I ROLL CALL HEARING (Sugar) '1;;/1 4142 MINUTES CITY COUNC IL OF THE CITY OF ARCAD IA ADJOURNED REGULAR MEETING FEBRUARY 21, 1958 Pursuant to the order of adjournment of the regular meeting of the City Council of February 18, 1958, the City Council of the City of Arcadia met in regular adjourned session in the Council Chamber of the City Hall at 7:30 P.M. February 21, 1958, PRESENT: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis ABSENT: None Mayor Dennis advised that because there had been only three councilmen present at the regular council meeting of February 18, 1958, the Hearing on Planning Commission Resolution No. 273, recommending denial of application of Carl Sugar for zone variance to permit neon roof sign at 600 West Las Tunas Drive, had been continued to this adjourned meeting in order to have all five councilmen present. At said meeting of February 18 it had been suggested that anyone present who could not return to this adjourned meeting might speak and the Council could listen to a tape recording of their comments. Whereupon the Councilmen listened to the tape recording of the comments of Messrs. Ralph D. Stogsdill, Bernie J. Birnbaum, Saul G. Seidner and A. Edward Erickson, as reported in the minutes of February 18, 1958. Mayor Dennis then asked if anyone else desired to be heard, either in favor or in opposition to the application. No one desiring to be heard, he then asked the City Clerk if she had any communications. Whereupon the City Clerk read a communication from Mrs. Marie M. Nash, 519 Las Tunas, stating in substance that she was in favor of Mr. Sugar being' permitted to erect a neon sign; that perhaps this is one way there would be some light on a dark street. The City Clerk also read a communication from Mr. T" E. Brooks, 547 Workman Avenue, that was opposed to the granting of'the request for a neon sign and also complained of the restaurant's flood lights on the rear of the building which shone directly into his bedroom. The Councilmen examined a photograph of the proposed sign, inquiring as to whether it was drawn to scale, as the height from the roof top to the bottom of the sign appeared to be 8' when they had been of the impression that it would be four feet. They were informed that the artist had made an error, that the sign was to be four feet from the roof top to the bottom of the sign. Councilman Phillips and Councilman Camphouse questioned the matter of the complaint of Mr. Brooks regarding the flood lights shining into his bedroom window, commenting that it was their impression that flood lights were by city ordinance required to be on the property line of the owner's property and the light projected toward the owner's property and not adjoining property, and that if the complaint of Mr. Brooks is justified that the lights should be immediately adjusted. Mayor Dennis inquired if, over and above the variance, the proposed sign meets all the requirements of the sign ordinance, " 1. 2- 21- 58 /'0 "', ,4143 to which the City Engineer replied that the proposed sign was within the requirements of the sign ordinance. Councilman Camphouse inquired rhetorically if the property was zoned C-2, there would not have been any question about a sign in the first place. Also, he continued, that this parcel, along with the two corners where gas stations are located on Las Tunas and Santa Anita Avenue and Second and the south side of Duarte Road, between First and Second Avenues, are the only parcels that are zoned C-l in Arcadia; that other similar types of operation with- in the City are in C-2 zones; therefore, those operating the same kind of business do not have any problems connected with signs. That he had talked with some of the members of the Plan- I ning Commission and agreed that their position is correct in that basically it is the City Council that should or could deviate from the norm; that it is quite right that the Planning Commis- sion pass it on to Council for jurisdiction. Councilman Phillips commented that this is the first test of the sign ordinance under the C-l zone code. Councilman Camphouse added that realizing now the problem of signs in C-l, Council would be more reluctant to zone business property C-l in the future. Upon Mayor Dennis' request for someone in the audience to explain the physical construction of the sign Mr. Ralph D. Stogsdill offered the explanation that the sign had the required wind strength; that he had been required to put in ten foot posts and set the sign eight feet into the ground; that it is a Cobe light arid recessed back in about three feet metal all-around; that it is a single sign, does not angle and the distance of the metal support above the roof to the bottom of the sign is four feet and that the sign is eight by fourteen feet. He also added that he had only heard that morning of the complaint of the flood lights shining,into Mr. Brooks windows and had that same day had the lights adjusted; that he had a signed, paid receipt for the work completed. He handed the paid receipt, which was for four shades installed and adjustment of flood lights in rear of build- ing, done by Bob Smith Electric Co. ,Inc., 319 N. San Marino Ave., San Gabriel, at a cost of $12.50, to the City Clerk. He added that future plans for flood lights on the property were to have the lights shine away from adjoining residential property. Councilman Camp house moved that the hearing be closed. Council- man Jacobi seconded the motion and it was carried unanimously. A general discussion then ensued, wherein Mayor Dennis inquired ,if Councilman Phillips agreed with Councilman Camphouse' s impression of the sentiments of the Planning Commission. Both councilmen stated that they had not attended the Planning Com- / mission meeting, but that this had been the impression Councilman Camphouse had obtained from his conversation with certain members of the Planning Commission. When the City Engineer was asked his I opinion of the recommendation of the Planning Commission he answered to the effect that Resolution No. 273 expressed the sentiments of the Planning Commission; that this is the first request for a variance to a sign ordinance in the C-l zone; that the Commission had spent over a year developing the sign ordinance and that after spending all this time to get the ordinance into effect they did not think it proper that they be asked to approve the variance. Mayor Dennis expressed the view that he felt Councilman Camphouse's views are well taken; that it is hardly fair to establish a business of applicant's type in an area even though it is a C-l zone and still not allow a sign; that probably C zoning is wrong but that there was a good reason at the time. Councilman Reibold added that he felt if the sign is constructed in the manner testified, actually casting no light backward, but_ouly parallel to the street, it would not be as obnoxious as even a smaller sign if it were of neon lights mounted on the face, which would shine back. 2. 2-21-58 I 'T WENZ (Special Use) 1ICI TIP SHEET BILL INDEXEP I :4V14 Councilman Jacobi commented that he understood the lights of the restaurant were turned off when the restaurant closed, to wit: 10:00 P. M. nightly except Friday and Saturday when it closed at midnight. Councilman Camphous~ moved that, although he was not trying to mis- lea? anyone or to misquote the Planning Commission because it had spent a lot of time on this matter and should receive proper credit for everything it does, the Council does not accept the recommendation of the Planning Commission for denial of this request for a zone variance, but does authorize the approval of the sign; that the bottom of the sign shall be no more than four feet above the roof top and eight feet high and fourteen feet wide, and that it meet all of the specifications of the sign ordinance. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES': None ABSENT: None Planning Commission Resolution No. 275 recommending APPROVAL of the application of Johanna Wenz for modification of special use permit previously granted applicant to allow the construction of apartments over proposed mortuary at 611 W. Duarte Road. This matter had been continued from the regular Council meeting of February 18, 1958 because the time for appeal had. not yet expired. The City Clerk advised that she had received no written protests, and the City Attorney added that this comes to the Council as its recommendation and under the Ordinance no public hearing is required unless an appeal is filed by any interested person or unless the Council itself prefers to set it for a public hearing; that Council may accept or deny the recommendation of the Planning Commission. Councilman Phillips moved that the recommendation of the Planning Commission be accepted pursuant to its resolution No. 275 and that the application of Johanna Wenz for modification of special use permit be approved. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Phillips, Reibold and Dennis NOES: Councilman Jacobi ABSENT: None The City Attorney brought up the subject of the advisability of having a representative of the City present at the interim committee hearing on the proposed tip sheet bill, to be held in Sacramento on February 28, 1958. He said that the bill applies only to tip sheets that sell for more than $1.00 but that there might be a possibility of an amendment to this bill being introduced that would require tip sheets to be licensed by the State, in which event the State would preempt the field, precluding the City from licensing tip sheeters and the City would have no control over them, not even to the extent of col- lecting license fees. A general discussion ensued and it was the consensus of the Council- men that a representative of the City should attend the hearing. Whereupon Councilman Reibold moved that Council authorize the City Attorney and/or the City Manager to attend the interim committee hearing on the proposed tip sheet bill to be held in Sacramento on February 28, 1958, at a total cost not to exceed the funds budgeted for that purpose, expenditures to be su~stantiated by an itemized expense account upon his return. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Cmnphouse, .Tacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None 3. 2-21-58 ~ 'i !I 5 ':J: 1 ,I<. PARKING DISTRICT No. 1 INDEXED TRACT No. 20463' 73/3 The Council was informed that the one-year term of Mr. Mel G. Pratt as Parking District No. 1 Commissioner would terminate as of March 4, 1958. Councilman Phillips moved that Mr. Mel G. Pratt be reappointed for a full three-year term as Parking District No. 1 Commis- sioner, commencing March 5, 1958 and continuing for three years thereafter, or until his successor shall have been appointed. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None I The City Clerk advised that a communication had been received from Henry W. Shatford of the law firm of Shatford and Shatford, 5920 North Temple City Blvd., Temple City, attorneys for Mr. Wade Williams, the appellant. This letter was in reference to tentative Tract No. 20463 and stated in substance that he thanked the Council for its consideration at the regular Council meeting of February 18, 1958; that although he would not be able to attend the Council meeting, he would lik~ the Council to again reconsider approval of said tract, as per the enclosed tract map. Council had previously denied Mr. Williams' request for approval of this tentative map, having approved the first revised tentative map. Since Mayor Dennis and Councilman Camphouse had not been present at the Council meeting of February 18, 1958, the details leading up to this matter were explained. (An outline of the proceedings is incorporated in the minutes of the Council Meeting of February 18, 1958). A general discussion then ensued. Councilman Reibold queried whether it is within the province of the Council to grant the appellant's request to waive the 24.84 x 100 feet, or must the matter be referred back to the Planning Commission. The City Attorney stated that Council had given tentative approval to a subdivision; that the appellant is now asking Council to modify the condition that it has already approved against the recommen- . dation of the Planning Commission; that while he thought his was poor procedure, he thought it had the right to so do. Councilman Camphouse stated that he strongly recommended that the matter be returned to the Planning Commission for consideration of the things discussed. Councilman Reibold stated that he felt this matter was out of the realm of law books and in the realm of individuals because all the individuals concerned in the matter were in poor health and it was unsafe to prolong matters. Councilman Jacobi then moved that the revised tentative map of Tract No. 20463 be modified by the elimination therefrom of the parcel of property 24.84' x 100', presently shown as part of Lot 1 of said tentative revised map as it is thus amended and said revised tentative map be approved subject to the conditions recommended by the Planning Commission and the City Engineer, which were to be imposed if the revised tentative map was approved by the City Council, which conditions are herewith set forth-: I 1. Remove all buildings within the tract; 2. Install all improvements as required by the subdivision ordinance; 3. Pay all fees and deposits required by the subdivision ordinance, including the recreation fee; .4. Provide rear line easements for utilities; 5. The City shall a~cept the offer of future street dedication at the present dead end of Louise Avenue. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: 4. 2-21-58 SIERRA MADRE (Water) 73/0 I ORDINANCE No. 1008 INDEXED INDEPENDENT AUDIT 1957-1958 130/ I 4146 AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None Recommendation of the City Attorney that the Mayor and City Clerk be authorized to execute the agreement between the City of Arcadia and the City of Sierra Madre for the furnishing of water to Sierra Madre by Arcadia during the winter months at such times as in the opinion of the Water Superintendent the City can spare it, subject to discontinuation at any time on 90 days notice, at a charge to Sierra Madre of 150% of Arcadia's domestic rate for that service. The agreement has already been executed by the City of Sierra Madre. Councilman Phillips moved that the Council accept the recom- mendation of the City Attorney and authorize the Mayor and City Clerk to execute the agreement between the City of Arcadia and the City of Sierra Madre as outlined by the City Attorney. Councilman Reibo1d seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Ordinance No. 1008, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 987 OF' SAID CITY REGULATING OFF-STREET PARKING BY ADDING SECTION 2B THERETO. " Motion was made by Councilman Reibo1d that full body of Ordinance No. 1008 be waived. by Councilman Phillips and carried on roll the. reading of the Said motion seconded call vote as follows: AYES: Councilman Camphou~e, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None Motion made by Councilman Reibo1d that Ordinance No. 1008 be introduced. Said motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None Councilman Phillips announced that in accordance with Council's motion of January 7, 1958, the firm of Lybrand, Ross Bros. & Montgomery had been hired to audit the City's books for the fiscal year 1957-1958; that at this time a contract had been received from said firm which encompassed, among other things, that said firm would render their services for the City on a schedule of rates .to be charged for the regular audit not to exceed $3000.00, for which the City would get the usual balance sheet and reports; that the contract also provides for special audits of any matters that exceed the normal audit, the cost for which would be on a per hour basis with a maximum fee of $1500.00; that the contract had been perused by the City Attorney and declared by him to be in order. He, therefore, moved that the Council accept said contract, and authorize the Mayor and City Clerk to execute same. Mayor Dennis seconded the motion with the added statement that he wished to commend Councilmen Camphouse and Phillips, the committee that had sought out the above mentioned auditing firm, for the fine job they had done in this regard. The motion was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis None None 5. 2-21-58 .' . 4UlI CONSTRUCTION OF CURBS AND GUTTERS (Camino Real Ave.) , 1.// ) WABA (Students Car Exhibit)IND)!:4ED i'I'~~-IiJ.:1'r{",);, PROPERTY (1133 South Santa Anita) IlIDEXED f: 6;ti~^ NATIONAL GUARD (Open House) INDEXED NSP ANNEXATION The City Attorney advised that the City Engineer had reported on certain improvements (construction of curbs and gutters on the northerly side of Camino Real Avenue east of El Monte Avenue) that have been completed and the cost determined under the Streets and Highways Code; that the Council should set a hearing for anyone to speak with respect to those tentative assessments if they desire so to do and recommended March 4, 1958 at 8:00 P.M. in the Council Chambers. Motion was made by Councilman Phillips that a hearing on the matter be set for March 4, 1958 at 8:00 o'clock P.M. Said motion seconded by Councilman Jacobi and carried unanimously. The City Manager 'read a communication from the West Arcadia Business Association 7l7-A West Duarte Road, requesting permis- sion to hold a High School Students Car Exhibit on Saturday March 22, 1958, which the Association is sponsoring, and he recommended that the Council approve the request. I Councilman Camphouse moved that the recommendation of the City Manager be accepted and that the request of West Arcadia Business Association to sponsor a High School Students Car Exhibit on Saturday, March 22, 1958 be granted. Councilman Jacobi seconded the motion and it was passed unanimously. The City Manager read a communication from Everett Watt, a real- tor, 1135 W. Huntington Drive, concerning property located at 1133 South Santa Anita, which stated in substance that this property is located at the southeast corner and contiguous to the five acres sold by this realtor to the City last year; that the property is improved with a~residence that should rent for more than $100.00 per month until the City is ready to improve the property; that the owners will now sell the property for $15,000; and that in his opinion it would be good business on the Council's part to purchase this property due to its location as shown on the enclosed map; that the people are now ready to sell as they are planning to leave Arcadia, and that he would like to know as soon as possible if the City is still interested. A general discussion ensued, during which the City Manager reminded the Council that this was the same property in which the City had formerly been interested in buying but had not done so because the owners had at that time demanded, in addition to the selling price, certain conditions which were not acceptable to the Council. It was the consensus of the Council that while the City is not in the business of making investments, the return on th~s particular property might be very good; that this property is part of a rectangle that the City might wish it could have some day free of condemnation. Councilman Camphouse then moved that the Council instruct the City Manager to check into the matter further, examine the price to be sure that $15,000 is the right price, and then come back to the Council with his recommendation. I Councilman Jacobi seconded the motion and it was carried unanimously. The City Manager informed the Council that he had granted permis- sion to the National Guard, which is holding Open House Sunday, February 23, 1958, to use the lot across Civic Center Place dur- ing that day for part of its displays. The City Manager informed the Council that a communication had been received from American Manor Improvement Association, 3034 Doolittle Avenue, Arcadia, stating in substance that on behalf of ~rican Manor, composed of approximately 320 homes, which area was bounded on the north by Live Oak Avenue, on the east by Peck 'Road, on the south by the City of Monrovia and on the west by the City of Arcadia at the Santa Anita Wash, known by the County as Tract No. 33780, it wished to petition for annexation of this area to the City of Arcadia. 6. 2-21-58 I CONFERENCE INDEZ::;n NS(' AUDIENCE PARTICI~ATION InDEXED I '," .4148 A general discussion ensued, wherein it was the op1n10n of Councilman Phillips that this annexation does not fit the criteria established by the Council wherein the City was basically interested in annexations that straighten out property lines or that control major highways, or the like. It was Councilman Camphouse's suggestion, however, that it would be only fair to have the Staff verify the matter in order to be sure that there are no special features of which the Council is not cognizant. Councilman Reibold commented that he believed the City Charter provided that such matters be referred to the Planning Commission for recommendation. The City Attorney then stated that the Council could not take affirmative action without first referring it to the Planning Commission for a report and recommendation as to its conformance with its subdivision standards, etc. under the Annexation of Inhabited Territory Act of 1913. Councilman Reibold moved that the matter be referred to the Planning Commission for its report and recommendation. Council- man Jacobi seconded the motion and it was carried unanimously. The City Clerk requested permission to attend the forthcoming biennial institute for City Clerks to be held in Monterey, California, on May 1 and 2, 1958; and stated that she had sufficient funds appropriated in the current budget. Councilman Phillips moved that Council approve the request of the City Clerk to attend said League of California Cities' Conference in Monterey, California May 1 and 2, 1958 at a total cost not to exceed the funds budgeted for that purpose, expenditures to be substantiated by an itemized expense account upon her return. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Mr. Ralph Norton, 20 East Camino Real Avenue, addressed the Council, as a representative of Equestrian Trails, Inc., a state-wide organization, whose express purpose is that of further riding and hiking facilities in the State of California. He requested the assistance of the Council in having the Board of Supervisors of Los Angeles County reinstate the proposed riding and hiking trails, as formerly approved on a master plan drawn by the Parks and Recreation Division of Los Angeles County in 1955 and passed and approved by the Board of Supervisors in 1956. He recapped the events as follows: That in 1957 the one-time approved trail system was removed from the Santa Anita Wash; that bids are now being asked for by the Army Corp of Engineers in conjunction with the Flood Control District in this area com- mencing February 24, 1957; that it was not the desire of his organization to jeopardize in any way the construction of the drain nor the call for bids. He went on to state that their desire was to have the Board of Supervisors reconsider and entertain the possibility of the trail system on Santa Anita Wash. That one of the points of reconsideration is the fact that the cost involved is not nearly as great as originally contemplated. Originally it was thought that ten underpasses were necessary for riders and hikers to traverse from Live Oak entering the City of Arcadia to the San Gabriel mountains on the north; that the cost of the ten underpasses would be approximately $20,000 each, or a total of $200,000; that his organization had submitted a petition to the Board of Supervisors with their findings that only three underpasses were necessary, and perhaps only two, 7. 2-21-58 , ~,41L19 SYCAMORE AVE. BRIDGE INDEXED '" Ij.-~\< COMMENTS OF COUNCILMEN INDEX::3:D (Library Board) NS P (Stenographic Help - City Attorney's Office) .INDEXED N~r . - ~ 'f"'n. and that'this would be an expenditure of only $40,000 versus $200,000. However, that they had since learned that the Flood Control Department requires fencing in conjunction with riding and hiking trails along any wash or flood basin; that to accomplish this would increase the cost approximately $1.75 per lineal foot or a total of approximately $73,000, but that this could be less if fencing removed from freeways was utilized. A general discussion ensued wherein the Councilmen expressed their sympathy with the cause, commended the association for its great effort and amount of work and of their willingness to cooperate fully in furthering this matter with the Board of Supervisors. It was therefore suggested by Mayor Dennis that Mr. Norton meet with the City Manager and the City Engineer and Councilman I Phillips at 7:30 A.M. February 24,1958 in order to work out a telegram that would be sent to the Board of Supervisors that morning signed by Mayor Dennis, expressing the Council's feeling that every consideration should be given to the reinstatement of the proposed riding and hiking trail, and that any consideration should be in the nature of a change order on the Live Oak Bridge and that the bid processes should move along as scheduled. Mr. Norton expressed appreciation for this action. The City Engineer advised the Council that he had been called again by the Flood Control pertinent to:_the second unit of the Santa Anita Wash between Duarte Road northerly to Santa Anita Debris Basin; that some time in the past it was brought to the attention of the Council who approved that the department work toward the elimination of the bridge at Huntington Blvd. and that abutments be constructed at the Sycamore Avenue Bridge. Requested now is whether the City wants or should have a bridge constructed at Sycamore Avenue, which is the first street north of Foothill Blvd. A general discussion ensued wherein the Councilmen commented . that location should be considered as more homes are developed on the hill; that land in Arcadia is at a premium at all times and that none will remain vacant too long; that the City Council has already approved a tentative map of 100 lots in this area; that Council does not have to commit itself until July, 1960, but that money must be earmarked during the 1959-1960 budget as was done with the first unit of Santa Anita Wash in this year's budget; that betterments are relatively small on this type of job. Councilman Reibold moved that Council proceed with the recom- mendation of the City Engineer to have a bridge cross Santa Anita Wash at Sycamore Avenue. Councilman Jacobi seconded the motion, and it was carried unanimously. Councilman Camphouse commented that the Library Board has received a report from the experts and desires to meet with the Council, as a Committee as a Whole, in order to discuss the situation. Whereupon Saturday, March 1, 1958, at 7:30 A.M. at Eaton's Restaurant was arranged for such meeting, and the press was invited to attend if they so desired. I Councilman Reibold recommended that due to the press of work in the office of the City Attorney the Council authorize him to employ on a temporary basis stenographic help for a period of two months, at a cost of $576.00 in salary for said two months period; and also to authorize him to purchase an IBM electric typewriter at a cost of $468.00. He then moved that the Council authorize the transfer of $576.00 from Council's contingency fund to Account No. 107.3 and that it authorize the transfer of $468.00 from Council's Contingency Fund to Account No. 107.20 for the purpose'of purchasing an IBM 8. 2-21-58 ADJOURNMENT I I , 14J50 electric typewriter. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion by Mayor Dennis, seconded by Councilman Reibold and carried unanimously that the meeting adjourn. 'i ATTEST: tJ~~Ih/p, (1/f' ~uJ fi~ City Clerk 9. 2-21-58