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HomeMy WebLinkAboutNOVEMBER 21,1972 (2) CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 7 20:8176 INVOCATION LEDGE OF ALLEGIANCE ROLL CALL MINUTES APPROVED AS AMENDED . HEARING Service Station Sign CONTINUED/ to Dec. 5 I .MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 21, 1972 The City Council of the City of Arcadia, California, met in regular session on Tuesday, November 21, 1972 at 7:30 p,m, in the Council Chamber of the Arcadia City Hall. Rev. Dr. Faith J. Conklin, Church of the Good Shepherd Mayor Don. W. Hage PRESENT: . Councilmen Arth, Helms, Scott, Hage ABSENT: Councilman Butterworth On MOTION by Councilman Arth, seconded by Councilman Scott and carried unanimously the Minutes of the regular meeting of November 7, 1972 were AMENDED as follows and as thus amended APPROVED. Page 3, 5th paragraph, 3rd line, to read "for the Family Game Room; that no alcoholic beverages be in the room" (which would necessitate deleting the words "when children are present"), Also the item concerning traffic, page 3, 8th paragraph, next to the last line, change the word llfelt" to "said". Appeal from the decision of the Planning Commission in its denial of an application for an additional free standing sign at a Standard Service Station at 186 East Duarte Road. . The Planning Director explained that the Modification Committee determined that the proposed sign did not conform with the sign regulations. That the signs were not necessary for identification purposes and could cause excessive glare. This determination was sustained by the Planning Commission. Reference was made to the glare from such signs and it was noted that the Modification Committee had observed the signs in other locations and concluded that they do cause excessive glare, Mayor Hage declared the hearing open and Morris Starr, the applicant, stated in part that he had been permitted to have the sign in the beginning and then was asked by the City to remove it. He referred to two other Standard Stations with the same sign and asked that he be allowed to have the sign. He expressed willingness to reduce the wattage in an effort to eliminate any excessive glare although he had not received any complaint from the neighborhood. .No one else desir~ng to be heard the hearing was CLOSED on MOTION by Councilman Helms, .seconded by Councilman Scott and carried unanimously. Councilman Helms expressed concern for the position of Mr. Starr, however, in his opinion the problem isnlt so much the glare from the signs as it is the limits to which the sign ordinance can be subverted. He explored the many public hearings and conferences with business organizations in developing the sign ordinance and felt the fact that the lighter boxes were allowed in two other locations through an over- sight on the part of the City should not be compounded by permitting another such sign; that steps should be taken to have the signs more clearly defined in the Municipal Code. 11-21-72 - 1 - HEARING (Zone Change) APPROVED f .' ~vu.t~ TRACT NO. 29873 Tentative Map APPROVED) :r130~ TRACT NO. 29540 (Fina 1 Map APPROVED) -3"-/.;1- n 20:81fi Mayor Hage agreed in part although he stated he did not find the signs objectionable. However, he was concerned about the City's sign ordinance being in violation in these instances and Council's decision could affect future applications. He was inclined to favor referring the matter back to the Commission for recommendation 'in this regard. Councilman Scott stated in part that in his opinion Mr. Starr is in a different position in that he had the sign prior to the time at least one of the other Standard Stations\had them; that Mr. Starr had to remove his sign whereas the others did not. He would like to see the applicant given permission to have the sign at this time; that a study could then be made on the matter and based on its conclusion a time limit could then be ascertained by the City for the removal of all of the subject type signs. He then MOVED that the appeal of Mr. Starr be granted. (MOTION did not receive a second.) I . During the above deliberations Carl Rodeheaver (American Permit Service) stated in part that the lighter boxes were originally installed throughout the County as a lighting fixture; that the permit issued by the City was in the same category and apparently the City Code does not cover this particular type of sign. .He submitted that plans were filed with the City at the time of permit issuance. Councilman Helms then MOVED that the matter be TABLED; that it be referred back to the Planning Commission for study with relationship to the existing sign ordinance and that a recommendation be forthcoming as soon as possible. This Motion was AMENDED to DENIAL of the appeal and that the question of lighter boxes be referred back to the Planning Commission for recommendation. Mayor Rage seconded this motion and commented to the applicant that the denial is without prejudice to him personally. However, this motion was WITHDRAWN as it could not receive a majority vote - Councilman Butterworth was absent - Councilman Arth indicated he would abstain due to his business affiliation and Councilman Scott had stated he would vote against it as he could see no reason why the applicant should not be permitted to have the sign at least during the study period. Mayor Hage then ordered the matter CONTINUED to the next regular meeting of December 5. Planning Commission recommendation for a change of zone from C-O & D to R-3 on property known as 400-480 W. Huntington Drive and 504-642 W. Huntington Drive. The Commission determined that the proposed change complies with the General Plan which indicates the subject area as high-density residential and that the public convenience, necessity and general welfare justify the change, all set forth in Resolution No, 791 and a report dated September 12, 1972. Mayor Hage declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously. It was further MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that the recom- mendation of the Commi~sion be and it is hereby APPROVED and the City Attorney was instructed to prepare the enacting ordinance. On MOTION by Councilman Scott, seconded by Councilman Arth and carried unanimously the tentative map of Tract No. 29873 was APPROVED subject to all conditions imposed by the Planning Commission, the Department of Public Works and the Water Department. It is proposed to construct a 20 unit condominium at 946-1000 Fairview Avenue. I On MOTION by Councilman Arth, seconded by Councilman Scott and carried unanimously the final map of Tract No. 29540 (9 lot subdivision) at 343 West Colorado Street was APPROVED subject to continued compliance with the conditions of approval of the tentative map with the added condition that "the improvements and configuration of the island 11-21-72 - 2 - 'P~ CONDITIONAL USE PERMIT (Reading School) (RATIFIED) 4: RECREATION COMMISSION (Ho 11y Avenue School Tennis Icourts) taff to egot iat e ith District RECREATION COMMISSION (PARK AT CAMINO REAL & SECOND AVE.) .:j I C;; .3 I "t 20 :817~ as indicated on the Department of Public Works map for Chelsea Road dated August 8, 1972 be part of the final tract," Planning Commission Resolution No. 793 granting a conditional use permit for a reading school at III and lI3'W. Huntington Drive, subject to conditions set forth in said resolution. It was MOVED by Councilman Scott, seconded by Councilman Arth and carried unanimously that the action of the Commission be RATIFIED. At its las~ regular meeting the Recreation Commission recommended that Council authorize staff to negotiate with the School District for use of property at the Holly Avenue School (Duarte and Holly) for the construction of two new tennis courts as outlined in the Districtls communication dated October 24, 1972. In response to an inquiry from Councilman Scott the City Manager stated in part that based on the District's letter the City would be responsible for removing the old tennis court, the repaving thereof and the construction of the new tennis courts. The new courts would be located at the northeasc end of the school property with a mini- park concept. Councilman Scott submitted that he felt the District should be responsible for some of the cost if the City were to pay for the new construction. ,Some discussion held on the financial responsibility of the project which is still in the negotiation stage. Further discussion held on the possibility of lighting the courts, which will also be sub- mitted during negotiations. It was MOVED by Councilman Scott, seconded by Councilman Helms and carried unanimously that staff be AUTHORIZED to negotiate with the School District along the lines discussed. The Commission advised that it had reviewed and recommended approval of the plans for the development of a park wich tennis courts on the southeast corner of Camino Real and Second Avenue. Courtland Paul and Jerry Pearson presented in detail plans for the park and tennis courts. Their conclusions were in part that the total peak occupancy of the park will not exceed 90 persons, most of whom will be small children. ,Due to its size and location the park will be used predominantly by persons within easy walking distance. They were of the opinion that the number of vehicles which would be associated with the park would not exceed 15 at any time and more likely fewer, Curbside parking on the two streets would accommodate at least 20 cars along the frontage of the park. It was submitted that the available on-street parking would be more than sufficient to accommodate the parking needs and recommended against on- site parking facilities because 1) they do not appear to be needed and 2) because the amount of space required for on-site parking would sig- nificantly deplete the land available for park purposes. In addition there wD.uld have to be a driveway resulting in vehicle movements on the site and this could present safety problems. Mr. Paul indicated the existing and proposed buffer zones to protect adjacent residences. It was noted that the tennis courts are to be depressed with a berm brought up to mitigate some of the sound from the activity and if Council so elects the lighting could be metered for turn- off at a specific time. He said that an effort was made to create interrelationship between the shaded areas, the open play areas, the buffer strips'and the potential tennis area. R. E. Baker, 224 E. Camino Real, referred to the existing tennis courts at other locations and questioned the need for more. He said the noise and proposed lighting would reduce property values in the immediate vicinity. He opposed the park on the grounds that an environmental impact study with alternatives was needed to determine the effect on surrounding residences and concluded in part by stating if a quiet park were developed without tennis courts he would not contest it, but if tennis courts were included he would contest. He asked that a copy of the environmental impact study be made available to him. 11-21-72 - 3 - RECREATION COMMISSION (Expand Wilderness Park area) 3- /~1 .& RECESS RECONVENED f); PROPOSED NEW HOMEOWNERS ASSOCIATION (Zoning) NEW ROOF Police Station (Bids Rejected) p;~ ~L NOISE 210 FREEWAY -j~11 30 20:8l~ Mrs. Leonard Henkey, 230 E. Camino Real, stated in part that the park would be an invasion of privacy with its activities and noise. She opposed the development with or without tennis courts because there were no provisions for off-street parking and felt cars would be parked in front of all the homes along the two streets. She asked Council to reject the plans as presented and have new plans prepared for a park without tennis courts, glaring lights, and to provide off-street parking. Discussion ensued and Councilman Helms, Council Liaison to the Recreation Commission, stated in part that he had heard all the arguments pro and con before the Commission, that the Planning Com- mission had unanimously voted in favor of the park as planned, and was of the opinion that Council should at least indicate its attitude toward the plans and MOVED that Council adopt a Resolution of Intent to move forward with the plans as presented including the tennis courl subject to the approval of an environmental impact study. Motion seconded by Councilman Scott and carried unanimously. At the last regular meeting of the Recreation Commission it was recom- mended that Council give consideration to the acquisition of additional property adjacent to Wilderness Park. Council expressed interest and it was MOVED by Councilman Helms, seconded by Councilman Arth and carried unanimously that staff investigate the feasibility of such acquisition and to discuss the probability with the City of Monrovia as to the development of the land for park purposes. At 9:15 p.m., Council recessed for the purpose of conducting a brief meeting as the Community Redevelopment Agency. At 9:20 p.m., Council reconvened. The request of the temporary committee of the proposed Highland Oaks Homeowners Association for a study of its area for the ultimate purpose of establishing a "D" overlay was APPROVED on MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously. The request was directed to the Planning Commission. The new association will be similar to the others in the community which have an archi- tectural review board. The temporary committee expressed the opinion that a ma'jority of the homeowners in the area will join the organi- zation and will feel the "D" Overlay will give them the greatest degree of protection in conserving the high quality residential characteristics. On November 7 Council continued this matter to permit staff an opportunity to consult with the low bidder and report back with supporting evidence concerning a guarantee of labor and material from the proposed contractor. The City Attorney stated in part that the guarantee offered by the contractor would not be acceptable to the City and it was MOVED by Councilman Scott, seconded by Councilman' I Arth and carried unanimously that all bids submitted for the new roof for the police station be REJECTED. Following further discussion concerning the most expeditious time of year for this work to be a ccomplished it was further MOVED by Councilman Scott, seconded by Councilman Arth and carried unanic mously that the call for bid not be readvertised until staff makes the determination as to the proper time of year. Council received staff report concerning the noise attenuation and landscape plans submitted by the State Division of Highways. It was 11-21-72 - 4 - IBALDWIN AVENUE IMPROVEMENT Approved for Design p;~ UNDERGROUND UTILITY V'" DISTRICT if5 (T ime extended) -8-1J-b~ 20:81~ noted that the preliminary plans were presented to and reviewed with four property owner groups representing the area west of Santa Anita Avenue. The proposed noise barriers are to provide some immediate noise reduction.. With future mature growth of landscape material a further improvement of visual screening and noise attenuation will be achieved. This project will be advertised for bids in December and it is anticipated construction will start in February of 1973. William Weiss, 417 Harvard Drive, was advised concerning the reduction in decibals which the State Division of Highways believes will be possible. It was MOVED by Councilman Helms, seconded by Councilman Arth and carried unanimously that the report be received and filed. The development of Fashion Park at the northeast corner of Huntington D~ive' and Baldwin Avenue necessitates the reconstruction of Baldwin Avenue between Huntington Drive and Cambridge Drive. Staff submitted a report and recommendation for the retention of a consultant to perform the survey, work for the design. The schedule for the proposed shopping center and the improvement of Baldwin Avenue indicates a starting date of mid-April 1973 with approximately five months alloted for the preliminary surveys and design plans to be completed so a contract may be awarded in late March of 1973 to be reasonably certain that the roadway improvement may be commenced by mid-April and be com- pleted by the end of September 1973. It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the recommendation of staff be approved and that the firm of Pafford and Associates be retained at a COSt not to exceed $3,675 and further that the sum of $4,000 be appropriated from State Gas Tax Funds budgeted for this project.. AYES: NOES: ABSENT: Councilmen Arth, Helms, Scott, Hage None Councilman Butterworth Upon advice of staff that the establishment of the Underground Utility District #5 (Resolution No. 4247) requires the undergrounding of existing overhead utilities inthe alley immediately north of Huntington Drive between Santa Anita and First Avenues; that the bids for the work were considerably higher than initial cost estimates and were rejected, therefore, the original schedule cannot be adhered to; An extension of time was recommended 0 Council agreed to the extension of the completion date to February 28, 1973 and a resolution (No. 4302) was adopted later in this meeting, PETITION Council received a petition signed by 9 out of 12 property owners on (curb/gutters the north side of EI Norte Avenue between Tenth and Mayflower Avenues El Norte Ave.) requesting the improvement of said street with curb and gutters. The City provides all engineering and pavement construction at no cost, P. ~ -~ contingent on the abutting property owner paying the contract cost of . ~ the curb, gutter and driveway aprons, The City's portion is estimated ~t at $7500 and would be paid for from available Gas Tax Funds. ~f~' I It being a long standing policy in the City to encourage participation by property owners in correcting the subject deficiencies it was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that staff prepare the plans and specifications for construction of the subject improvements with work to be done on a cash basis. AYES: NOES: ABSENT: Councilmen Arth, Helms, Scott, Hage None Councilman Butterworth 11-21-72 - 5 - WORK ACCEPTED (S &. W Electrical) +, ;). '85"' SANDRA .AVENUE (FENCE) :flo11 MOTION . PURCHASE OF WATER METERS APPROVED [) p: Sf (ft<!v ::i?~ 20:81~ On advice from staff that the trenching and intersection lighting at various locations (Job No. 393) has been satisfactorily completed by S &.W.Electrical Contractors, Inc., it was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that rhe work be ACCEPTED and that final payment be AUTHORIZED in accordance with the contract. AYES: NOES: ABSENT: Councilmen Arch, Helms, Scott, Hage None Councilman Butterworth This matter was continued from November 7 at which time Council received a report relating to a now non-existent fence along the south I side of Sandra Avenue and instructed staff to contact the original developer qf the subdivision and request him to install a 6 ft. concrete block wall where the timber fence was originally located. It was submitted by staff that this was done and the developer feels no obligation to screen the abutting property to the south which is owned by the Community Bank of Los Angeles. He stated he constructed the subdivision in conformance with the approved conditions and that after completion the City approved and accepted the development. Staff recommended two courses of action: 1) contact the owners of property to the south of the subject subdivision and request instal-: lation of fencing along the northerly boundary line of their property in the interest of preventing illegal entry and dumping trash, 2) explore the feasibility that the owner (Community Bank) proceed with the residential development of the R-l zoned portion of their holdings, or that this property be put on the market so that homes may be constructed in the near future. It was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that staff proceed along the lines recommended. Robert Carr, 83 W.. Sandra Avenue, stated in part that it was a disap- pointment that nothing had been accomplished thus far. He was advised that the weeds and rubbish are to be removed from the property in question within the next few days. . Mr. Carr further explored the situation and asked for some solutionsG Councilman Helms responded that in his opinion if the owners of the unimproved property to the south follow one of the two actions taken by Council at this meeting the result would be in line with whar is desired by all of the residents on Sandra Avenue. Tom Laughlin, 117 W..Sandra Avenue, questioned the legality of requiring a wall to be constructed to physically divide the commercial from the single family zoning at the subject site. He also submitted the possibility of the property to the south of Sandra being acquired and developed into a neighborhood park. Mayor Hage assured the petitioners that everything possible will be done to remedy the situation. I The recommendation of staff concerning the purchase of water meters for the ensuing year was considered at length. The report dated November 15 stated in part that Rockwell Manufacturing Company had offered to extend its present contract price for another year. In response to an inquiry the City Attorney advised that this is legal. Councilman Scott submitted in part that if the Company is willing to do this why not go to bid instead of extending the contract, as in his opinion whenever a city enters into the extension of an existing contract the question always arises as to whether or not the price is right. The Water Manager ~Iained that among the meters examined the meter furnished by Rockwell met the requirements whereas the other companies did not, however, meters are also purchased from other suppliers. He 11-21-72 - 6 - I PUBLIC EMPLOYMENT PROGRAM REPORT I R.', pf:P ~CIAL STATEMENT (Octo ber) CIVIC CENTER PAINTING ...::J II og I 25.5 20:81~ explored the merits of the meter in question and added that it has eaSe of repair and a maintenance guarantee. He continued in part that for operational and economic reasons it would be advantageous to have nearly all meters of one make, however, this would be impractical as the City should never be completely committed to one manufacturer. Due to the low bid principle practiced by the City, ,Rockwell has furnished most of the meters since 1965 and because the price trend indicates an increase in the cost of metets he recommended taking advantage of the offer. He noted that $40,000 is currently budgeted for meter purchase. Councilman Scott reiterated his position in the matter; that in his opinion the expenditure of public funds requires the bidding process; that other city departments ,could do the same. He expressed concern that $40,000 is being expended in this manner and would not support the procedure, It was the consensus of a majority of the Council that the extension of the existing contract appears advantageous; that it has been done previously when the price was favorable to the City, and it was MOVED by' Councilman Arth" seconded by' Councilman Helms and carried on roll call vote as follows that the contract with Rockwell be extended for one year from October 31,. 1972 to the same period in 1973 under .the same terms as in the existing contract. AYES: NOES: ABSENT: Counc ilmen , Counc ilman Councilman Arth, Helms, Scott Butterworth Hage Council received a summary of the results of one year of operation of the Public Employment Program (PEP) which was made possible by Grants provided under the Federal Emergency' Employment Act of 1971. As of the end of the first year the City has received $107,538 in grants to fund the program. A total of 17 positions were created. The program is currently being continued on a month to month basis or until Congress makes final determination for funding for the next fiscal year. ,Council received a monthly financial statement along with &n explana- tory attachment and expressed gratitude for the extent of the data. Some discussion held on its content. Council received a report and recommendation for the award of contract for the painting of the exterior and interior of the Civic Center - including the City Hall, ,Annex, Police Facilities, Jail and Firing Range. Bids from two contractors were received: Michael's Painting Wopschall" Inc. Totals $ 10,948.00 12,574.00 It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the contract be awarded to Michael's Painting, in the total amount of $10,948;,that the other bid be rejected; funds for this project are in the current budget and an additional $2,588 was authorized for transfer from Council Contingency Account to General City Account 417-38. AYES: NOES: ABSENT: Councilmen Arth, Helms, Scott,. Hage None Councilman Butterworth 11-21-72 - 7 - ORDINANCE NO. 1468 ADOPTED TIf;.7 RESOLUTION NO. 4300 ADOPTED 3-1.J.. S;2- RESOLUTION NO. 4301 ADOPTED :J- ps: ':J- RESOLUTION NO. 4302 ADOPTED :ct-JJ-0f{ CLAIM REJECTED .:}: ek,~, ADJOURNMENT '3'1 20: 8]7'1' The City Attorney presented for the second time, explained the content and read the ti tIe of Ordinance No, 1468, entitled: "AN ORDINANCE OF THE CITY COUNClL OF THE CITY OF ARCADIA ADDING SECTl.ON 4422 TO THE ARCADIA MUNICIPAL CODE RELATING TO WILDERNESS PARK REGULATIONS." It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1468 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, HeLms, Scott, Rage None Councilman Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4300 entitled: "A RESOLUTlON OF THE CITY COlTNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTlNG EXCLUSION FROM THE UNIFIED SEWER MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT PORTION OF SAID DISTRICT INCLUDED WITHIN THE CUI' OF ARCADIA BY REASON OF ANNEXATION NO. 42." I It was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen None Counci Iman Arth, Helms, Scott, Hage Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4301 entitled: "A RESOLUTION OF THE CITY COITNCIL OF THE C I1'Y OF ARCAD IA REQUESTlNG EXCLUS ION FROM THE WS ANGELES COUNTY CONSOLIDATED FIRE PROTECTlON DISTRICT INCLUDED WITHIN THE ClTY OF ARCADIA BY REASON OF ANNEXATION NO. 42." It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Helms, Scott, Rage None Councilman Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4302, entitled: "A RESOLUTION OF THE CI.TY COUNCIL OF THE CITY OF ARCADIA AMENDING RESOLUTION NO. 4247 TO EXTEND THE TIME OF UNDERGROUNDING UTlLITIES IN UNDERGROUND DISTRICT NO.5." It was MOVED by Councilman Helms, seconded by carried on roll call vote as foLlows that the body of the resolution be WAIVED and that the Councilman Scott and reading of the full same be ADOPTED. I AYES: NOES: ABSENT: Councilmen Arth, Helms, Scott, Rage None Councilman Butterworth On recommendation of the City Attorney it was MOVED by Councilman Scott, seconded by Councilman Arth and carried unanimously that the claim filed against the City involving the City Refuse Company and the Southern California Edison Company be rejected, and that the City Attorney be authorized to so inform the claimant. At 10:25 p.m., the meeting adjourned sine die. _19n< ?t)~?( ATTEST: Mayor &~.t6/f( J1c~~ City Clerk 11-21-72 - 8 -