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HomeMy WebLinkAboutAPRIL 17,1973_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 'I~~ PLEDGE OF ALLEGIANCE ROLL CALL MINUTE AMENDMENT A~ APPROVAL REORGANIZATION OF COUNCIL (Mayor) I(MaYOr Pro Tempore) RECESS AND RECONVENE 20:6262 M I N U T'E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 17, 1973 The City Council of the City of Arcadia, California, met in regular session on Tuesday, April 17, 1973 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall" Rev. Dr. James McCormick, Church of Good Shepherd United Methodist Mayor Don W. Hage PRESENT: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Rage None At the request of Councilman Scott the Minutes of the Regular Meeting of April 3, 1973, Page 7 first paragraph, were amended to reflect for the record the following statement made by Councilman Scott. Consideration of the proposed addition to the police facility: Councilman Scott stated in part that in reviewing the report and the suggestion made therein that the City should wait until a new Police Chief is appointed... that in witnessing the fine work which is being done by the new Fire Chief and the amount of time he is spending on innovatives and planning it does not seem to him that a new Police Chief would have the time to give to a new facility so soon after as- suming a new position. If bids are not secured prior to his arrival it would work out fine, but to wait until he arrives to do the neces- sary planning and the employment of an architect seems to him to be a waste of time.. that Council and staff should have the benefit of the present Chief's thinking and suggestions. It was then MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the minutes of the April 3, 1973 regular meeting, as amended, be APPROVED. Councilman Helms abstained from voting as he was absent from said meeting. Pursuant to Council policy this is the time of year to elect one of its members to act as its presiding officer who shall have the title of Mayor for the ensuing year. Councilman Helms nominated Councilman Arth as Mayor. Motion seconded by Councilman Scott and carried unani- mously. Councilman Butterworth then nominated Councilman Scott as Mayor Pro Tempore. Motion seconded by'Councilman Helms and carried unanimously. Councilman Rage expressed appreciation to Council and staff for all of the assistance and confidence placed in him during his tenure as Mayor. Following a brief recess Council reconvened and responded to the following roll call: PRESENT: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None Mayor Arth introduced members of his fam~ly and spoke in appreciation of his being elected Mayor for the ensuing year. 4-17-73 - 1 - HEARING (Zoning) , Approved p; '2r1Jl"-<1 ORDINANCE NO. 1477 INTRODUCED V HEARING , /(Zoning) V Cont inued to May 1 20:8263 P 1 a nn i ng Commission recommendation for rezoning of certain property on the west side of Santa Anita between Colorado and Santa' Clara (Res. No, '807). The Planning Director expl~ined the existing zoning and the recommendations. Staff report dated March 13, 1973. Mayor Arth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously. It was then MOVED by Councilman Butterworth, seconded by Councilman Helms and carried unani- mously that the recommendation of the Commission be SUSTAINED. Whereupon the City Attorney represented for the first time, explained the content and read the tit le of Ordinance No. 1477, entit led: "AN pRDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA RECLASSIFYING CERTAIN PROPERTY ON THE WEST SIDE OF SANTA ANITA AVENUE BETWEEN COLORADO BOULEVARD AND SANTA CLARA STREET." 1 It was MOVED by Councilman Butterworth,> seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1477 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Planning Commission recommendation for reclassification of property in the Highland Oaks area into R-l, 10,000 sq. ft., and D Zone with regu- lations for the D zone (Res. No. 808). The Planning Director explained the contents of said resolution and recommended modifications. He also advised that the residents in the area had established a Homeowners' Association in an endeavor to maintain the high quality of the area and had requested the D overlay. He noted that the administrative guidelines are the same as the other Homeowners' Associations with the exception of Page 5 of said resolution which gives the Committee of the Association the power to assess an applicant a reasonable fee for the hiring of an expert for the review of an applicant's plans. Mayor Arth declared the hearing open and Lewis Lawrence, 246 Angelo Place, stated in part that the contents of the resolution had been re- viewed and with reference to the exception referred to by the Planning Director the Committee is only interested in recovering whatever cost the association would incur in reviewing the working plans and specifi- cation; that it may become necessary to employ experts or some qualified persons to work with the Committee. With reference to the Appeal Section the last sentence of Section 13 should not be in the resolution as it is not applicable. He noted that the contents of the resolution have been worked out in cooperation with the City Attorney. In response to an inquiry he concurred that it is reasonable to report any fees collected to the City Finance Director. Councilman Scott expressed concern with Section A (f) Employment of an expert); that he realizes there may be times ,when it would be necessary to employ an expert but there would also be times when some of the residents who are architects themselves would prepare their own plans and submit them to the Committee; that it would be ridiculous for one architect to have another architect change his plans to conform to the Committee's desires. He felt there should be opportunities for dis- cretion in this regard and that the resident who has competent archi- tectural assistance available to him, without cost should not be forced to use the expert the Committee chooses and have to pay a fee. He also said he would assume the applicant may withdraw his application prior to any expert fee being incurred. 1 Mr. Lawrence stated in part that he understood the concern but felt it 4-17-73 - 2 - ~~ " 20':8264 did not present any problem and noted that the only power the Committee would have is to review the specifications not ask for changes and then to approve or disapprove the plans.. the only reason for an architect is to ascertain if the standards which have been established by the associ- ation are being met. Mayor Arth commented that there might be unusual proolems due to the hillside topography of the area. 1 Councilman Bucterworth observed in part that he was not too concerned ,about the fee aspect.. it is a self governing organization and if it should not work out the residents would be the first to change it,.. that the proposed resolution only states "may" employ an expert., that they will exercise reasonable judgment. Councilman Helms observed in part that the resolution is always subject to modification by Council if it should prove to work unfairly or un- equitably. No one else desiring to be heard the hearing was CLOSED on'MOTION by Councilman Hage, seconded by Councilman Scott and carried unanimously. During the ensuing deliberations Councilman Helms submitted that he supports the resolution but would like some administrative matters clari- fied and referred to Page 6 (f) regarding written records of meetings and decisions of the Committee being open for public inspection. He submitted that records maintained in a private home would not lendiliemselves to records open to the public and thought a copy should be maintained in City Hall as residents do move and the records might become lost. With reference to (g) concerning notice of any action taken by the Committee in denying or approving working drawings and specifications being filed with ~he Planning Department within 24 hours after such action. He suggested that provisions be made for copies of the Notice of Action to also be given the applicant. And that it would be wise to have incorporated in the resolution the fact that pursuant to the Brown Act all meetings are open to the public and that copies of the rules (paragraph E) should be on file with the City Clerk. That perhaps Council should retain a review power for rules which tend to become contrary to some policy of city government. He then referred to the Appeal section (Page 6) a - that in hearing an appeal Council could not be guided by what is acceptable to the Committee, that Council has the final decision on its own judgment. Councilman Scott referred to Page 7 Section 15 - "Time for the Committee to act". He felt that if the Committee has a request for review for a period of 30 days and does nothing about it the application should be deemed to have been approved rather than disapproved; that the way the section is written just does not seem fair. I,M", Councilman Helms then MOVED that the matter be continued to May I (next regular meeting) that the City Attorney make the delineations in con" formance with the comments made by Council. Councilman Scott seconded the motion with the observation that Council has made its conclusions and when the matter is again before Council no further changes will have been made. Motion carried unanimously. 34/ Application for business permit to conduct a miniature golf course at 135 Eas t. Live Oak Avenue. This is a change of ownership only. The City Manager advised that the investigation was satisfactory and recom" mended approval. Mayor Arth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Hage and carried unanimously. It was further MOVED by Councilman Scott, seconded by Councilman Butterworth and carried unanimously that the business permit be granted. (Business Permit ) APPROVED PARK FEE Planning Commission recommendation (Resolution No. 799) for denial of a recommendation from the Planning Department that a residential subdivision 4-; pr,(~ 4-17-73 - 3 - 20:3265 d: development tax and' land dedication ordinance be adopted. A public hearing was held before Council on this matter on April 3 at which time the hearing was closed and the matter continued to this date. Councilman Helms who,was absent from that meeting indicated that he had reviewed the transcript. He felt there had been a misunderstanding . on the part of many of the residents - some had been under the im- ~/~"vt-t--.pression that it would impose a tax on every existing home in the City . which of course is not the case and some were opposed to the proposed form of taxation. If the ordinance should,be adopted it would apply only to new construction which would bring in additional residents. He continued in part that there is a compelling need to maintain open space as the population increases and referred to a specific case where the Court upheld the consti~ionality of a case on all counts. He felt the proposed ordinance is an appropriate extension of the attracting power of the City and he would support it. Whereupon he MOVED that the recommendation of the planning Commission be reversed and that the provisions therein be ADOPTED; that the City Attorney prepare the appropriate document. Motion seconded by Councilman Butterworth. ~ I Councilman Scott was of the same opinion he expressed at the April 3 meeting and commented that he too had endeavored to ascertain the feeling of the community; that he had not found a person who looked favorably on this type of taxation; that he could still see no reason for it.. there are adequate funds to provide necessary park facilities; that if the City were without funds he would concur that some new source of funds should be explored. He also did not see where any new data had been submitted and that it was his understanding that unless a Commission acts arbitrarily its actions are customarily supported. He also submitted that in his opinion if it is a justifiable tax it ~hould be levied on all buildings not just on residences. He hoped it would not be legislated and that there apparently. is nothing pressing to make it urgent at this time. Councilman Butterworth stated in part that most citizens just do not understand the proposed tax - that there are new people corning into the City for whom facilities must be provided and that in his judgment it is not unfair to ask the newcomer to assume some of that cost. He noted that the League of California Cities strongly endorse this tax as a most equitable and fair assessment; that many communities have already adopted it. He agreed that it is customary to support the Planning Commission on matters within its jurisdiction; that Council is always interested in receiving the view of the Commission, but the subject matter is a political decision for Council and one that is not really within the pur vue of the Commission. Mayor Arth stated in part that perhaps people do not realize there is a real estate transfer tax and anyone buying an existing home pays this tax; that this type of move does not add to the density of population whereas the construction of new homes does along with its addkional pressures on the need for expanded facilities. Councilman Hage stated in part that it appears theCity has reached 1 probably 90 percent of its growth factor. He noted the money for parks thus far has corne from the Capital Projects Fund which the City receives directly from the race track admission tax; that the residents here now have not actually paid for the parks. Under the proposed ordinance it would be the newcomers who would be affected not the homeowners who have been here for some time. He expressed opposition. Mayor Arth called for the roll call vote. AYES: NOES: ABSENT: Councilmen Butterworth, Helms, Arth Councilmen Scott, Hage None The City Attorney will now draft an ordinance providing for the funds to be used for the acquisition of parks and recreation areas and the maintenance thereof. 4-l7-73 - 4 - , " CONDITIONAL USE PERMIT (Restaurant) p:c,wp 1 TRACT NO. 28879 FINAL MAP APPROVED l,:,::,~G USE PERMIT RATIFIED P:0f4{J 20:8266 At the request of Councilman Helms this matter was placed on this agenda. At the April 3 meeting Council ratified a conditional use permit which was granted for the construction and operation of a restaurant at 59 W, Las Tunas Drive. Councilman Helms was absent from this meeting. He stated in part that he had reviewed the transcript and expressed concern that it was approved; that in his opinion it establishes a finding on the part of Council that a restaurant is a compatible use adjacent to R-l property and noted other instances where Council had ruled incompatible uses due to the surrounding zones. He continued in part that in his opinion it is a mistake and would create problems in the future. That a resident on Sandra Avenue (backing up to Las Tunas Avenue) is entitled to the same protection as a resident for instance on Hugo Reid Drive or any other residential street; that all residents in an R-l zone are entitled to sensitive protection by Council. He noted he has been advised that legally it is not possible to reopen the hearing which in his mind opens up Some of the defects faced in the present conditional use permit procedure and suggested that the City Attorney be requested to revise the present procedure. He referred to an instance a year ago when a finding became final before Council was even aware of it.. that some provision should be made so Council would without question have the absolute right of final determination and submitted for consideration that a two weeks period would not be unreasonable in such situations. Councilman Butterworth commented in part that Council was not aware of Councilman Helms' desire to have the matter continued - that it is customary in cases where a councilman does ask for a delay that Council accedes to his wishes, however, he was not cognizant of such a desire. In the subject instance no residence backs up to the Las Tunas address- it is R-l vacant land at the present time.. no one appeared to oppose the restaurant at either the Planning Commission or Council public hearings.. adjacent property owners were notified twice of the hearings. He agreed that every section of the City has the right to the same consideration, however, if a restaurant cannot be on Las Tunas where can one go; there is every indication that a restaurant is needed and wanted there and would be a very usable facility at the location. ,He commended Councilman Helms on his stand but noted the unanimous vote and recommendations favorable to the restaurant. Mayor Arth recalled that he had talked with Councilman Helms and indi- cated he would ask for a postponement, but after hearing from the owner and with no one appearing in opposition he felt it would have been needless to delay the matter to a future meeting. Upon recelvlng advice from the Planning Commission that the final map of Tract No. 28879 is in substantial compliance with the approved tentative map it was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the final map be APPROVED. It is proposed to create a 46 unit condominium at 445-461 W: Duarte Road. Planning Commission Resolution No. 810 granting a conditional use permit for the operation of an automobile service station at 171 E. Live Oak Avenue. The application was filed by the Shell Oil Company and the proposal would add an automated washing facility and a small equipment storage room in the existing station. The Commission felt the washing unit is an appropriate accessory use; that the parking and circulation patterns are acceptable and that the addition would be compatible. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried that the conditional use permit be and it is hereby RATIFIED. Mayor Arth abstained from voting due to his business affiliation. 4-17-73 - 5 - ADJOURNMENT RECONVENE 20:8267 At 8:35 p,m" the meeting adjourned in order for Council to sit as the Community Redevelopment Agency. At 8:40 p.m., the Council meeting reconvened. AUDIENCE PARTICIPATION: v' FIREWORKS ~~t. A' HOY I Financial Support APPROVED William Fleming, 3400 Irvine Avenue, Newport Beach, spoke at length about the proposed Ordinance (No. 1478) amending the building code by certain regulations to high rise buildings. He stated in part that the regulations appear to apply to the proposed construction of Dr. Holman's building at 612 W, Duarte Road Road, that it would add to the cost of the building and would necessitate a redesign of the building which would cause an extended delay. He circulated reprints of an article published by the National Automatic Sprinkler and Fire Control Association which he felt is a fair way to approach fire pro- tection. Following the discussion the matter was continued until the next regular meeting. During the interim Mr. Fleming will confer with the Director of Public Works. 1 Robert Cheney, 412 Cabrillo Road, expressed concern about the possi- bility of Sunday horse racing in the City and asked Council to take steps to preclude this from becoming a reality. Communication from the Knights of Columbus for permission to sell fireworks at its clubhouse, 400 W. Huntington Drive. The City Attorney advised that under the present regulation the issuance of such permits is restricted to veteran's groups such as the American Legion. It was noted that the present law has worked out quite well and that it would entail an amendment to the present ordinance if other organizations were to be permitted, something Council would have to take under con- sideration, The City Manager will impart this information to the Knights of Columbus organization. Council received petitions from residents and parents urging financial support to the Help Our Youth organization. Mrs. Donna Mills spoke to the cause and problems and to the progress made thus far. She submitted a request that $3ffiO be included in the 1973-74 budget for this purpose. In answer to a question she stated in part that she had been' informed by the United Fund that an organization has to be in full operation for a period of one year before it can be considered for that budget, HOY has been in existence about nine months. During her presentation she explained that all assistance from doctors, nurses, etc., is on a voluntary basis, that only the executive director is paid. Discussion ensued and it was submitted by Councilman Butterworth, con- curred in by Mayor Arth, that although they agreed with everything stated by Mrs. Mills that it is a much needed service, still it is a matter of using taxpayer's money to support a charity, any charity; that many taxpayers mayor may not desire to do this. It was noted that it has been the custom of Council to grant an initial contribution to a charity organization to help it get started with the understanding that after that has been granted the organization must then survive on its own, not because it doesn't do the job but because it is the taxpayer's money. Other noteworthy areas needing assistance were explored. It was felt that if this is granted to HOY other organizations would be justified in seeking financial assistance and Council would be hard put to deny them. 1 Councilman Scott responded in part that he agreed in principle with what has been said but it seems to him that the persons to be helped 4-17-73 l' - 6 - 20:8268 are going to be helped whether it is by their own community, the County or the State and in the end it is the taxpayer who will be taking care of them; that he felt the people of the City would rather see them taken care of by the City than by some other agency - the County Hospital and the like - that it would cost less in this way. 1 Councilman Hage referred to a statement made by the Chief of Police recently --- that prior to HOY the police were performing a lot of counselling and not doing it too well as they are untrained in the field. The Chief was in favor of HOY because the police could recommend to , those seeking help to consult with that organization. Councilman Hage hoped that after the year HO~tould secure assistance from United Fund. Councilman Helms was impressed with the broad base of support which has been generated along with the many physicians who are donating their time. He felt it is a worthwhile endeavor and perhaps is taking a little longer to get started than some other organizations. He would support the appropriation. Mayor Arth commented that initially the City contributed $2500 and it was generally agreed at that time that this would not be an on-going arrangement. He supports HOY strongly in its endeavor but in h~ opinion it is something for which Council should not be using taxpayer's money. Councilman Scott then MOVED that $3000 be included in the 1973-74 Budget for HOY. Motion seconded by Councilman Helms and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Scott, Hage, Helms Councilman Butterworth, Arth None n~ AIRPORT FULL RECORD OF THESE PROCEEDINGS IS ON TAPE IN THE OFFICE OF THE CITY CLERK. FOLLOWING IS A SUMMARY ONLY. Council received a communication from Councilman Helms concerning the noise pollution problem generated by the El Monte Airport. He submitted a proposed resolution which he would like Council to adopt in an effort to reach some solution. The resolution requested the County Board of Supervisors to take steps to alleviate the air traffic congestion over the city resulting from aircraft landing at the subject airport, and that a Committee be appointed to consider proposals for a permanent solution; that all construction be suspended at the airport until such a solution is formulated and that an environmental impact report be developed. 1 He elaborated upon his communication by exploring the historical background of the airport and then circulated traffic flight patterns as well as other pertinent data. He felt the location was a mistake from itS-beginning and noted the facilities over which the aircraft flies (approximately 65 schools and hospitals in the limited area) a prime indication of the density of the population surrounding the airport. He noted that the SCAG Aviation Systems Study classified the airport as a future commuter airport and questioned the reason for this. He distributed copies of his report made recently to SCAG and explored in detail the contents of his proposed resolution which is offered for Council as a means to solve the problem before there is a tragedy. Whereupon he MOVED to ADOPT the resolution. In order to get the matter before Council for discussion the motion was seconded by Mayor Arth. Don Miller, 1775 Orangewood Lane, spoke at considerable length on behalf of the San Gabriel Valley Airport Association and as a pilot and certi- fild flight instructor. He perused the proposed resolution and sub- mitted reasons for feeling some of the recommendations are not workable. 4-17-73 - 7 - 20:8269 He stated in part that the traffic has decreased during the last few years and explained the term "student flying". He said most of the flight operations are business oriented. In an endeavor to place Mr. Miller's presentations in perspective he will prepare written docu- mentation for Council consideration. In conclusion he explained the flight patterns which are used for descent preparatory to landing. Steve Schmauss, 174 W. Las Flores Avenue, stated in part that it is impossible to enjoy onels patio when the pilots are corning in for a landing and felt the drawing exhibited by Mr. Miller was inaccurate and explained his reasons for this observation. He asked Council to seek a solution. Donald Stavert, 174 Walnut Avenue, told of his endeavor to live with 1 the noise and asked that the resolution be favorably considered, that if something is not worked out perhaps a reduction in the assessed valuation of homes affected would be in order. Harry Schiebel, 10317 Olive Street, Temple City, told of his experience with the noise and expressed fear that the airport would be used for jets. Selmer Ostlie, 340 Warren Way, expressed concern with the planes in the landing pattern and the noise emanating therefrom. He invited persons to visit his home for personal knowledge. Interest was ex- pressed in this regard, Roy Sylvannon, 10316 Olive, Temple City, expressed concern that jets might one day land at the airport and felt the resolution is reasonable and hoped something would come of it. William Harker, 9956 E. Broadway, Temple City, stated in part that he would put into writing remarks which he would have made at this meeting; that they will be more positive in approach than those in a letter he submitted earlier to Council. Catherine Schiebel, 10317 Olive Street, Temple City, agreed with Councilman Helms and asked that something meaningful be done now. Tom Walker, 4077 Lynd, President of the San Gabriel Valley Airport Association, stated in part that the some 300 members of the association had felt it best to have Don Miller make its presentation and that FAA is present to answer any legal responsibility questions. Roy Spears, 312 Palm Drive, stated in part that the problem seems to have become emotional and submitted that the problems can be resolved by study. He noted that the residents moved into the area knowing the airport was there and felt there is some intelligent solution; that the association is willing to work to that end and acknowledged there is a problem. He stated further that there iB no plan to land jets there - the airport is not suited for that. 1 Tad Fessenden, 1100 W. Orange Grove Avenue. spoke of presenting the case of 'saving the airport' to the County Board of Supervisors at one time. Because of the value of the airport to the County and to the San Gabriel Valley the Board voted 5 to 0 in favor. He volunteered his services to Council if a Committee is formed to analyze the problem. He then spoke at length as a pilot and explained what could be done. Marlin Binger, Tower Chief at the airport, responded in answer to a question that it is a pilot's discretion as to the landing pattern; that he can remind them what the pattern altitude is - there are regulations a pilot must follow, but ultimately it is the pilot who is responsible for the operation of his aircraft. Solutions were touched upon. Virgil Holden, General Aviation District Office representative, expressed 4-17-73 - 8 - 1 P: R ~ L BRIDGE INSPECTION PROGRAM (consent) V' RESOLUTION NO. 4330 ADOPTED .s; STORM DRAIN BOND ISSUE PROJECT 1450 Agreement approved 'of 20:8270 understanding of the problem and stated that he is deeply involved at the present time in formulating an educational program for the pilots so they will maintain altitude until they reach some point where they would have a reasonable approach angle down to the airport. Councilman Helms suggested and MOVED for a continuation of the matter until May 15 to provide an opportunity for written communications. He hoped those with the ultimate responsibility would contribute to a positive kind of solution; that this has been his endeavor to seek solutions from, those with the power to get something done. .Motion seconded by Councilman Scott and carried unanimously. Councilman Scott expressed the hope that the press would not indicate that' Council has taken a position - that it has not.' ,Council received communication from the County Supervisor in which bridge inspection services by the County are offered at no cost to the City. Staff report of April 13 recommended taking advantage of this offer inasmuch as 1) the inspections are time consuming 2) it would not entail cost to the City and 3) it would create uniformity of inspection of the bridges. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that the offer be ACCEPTED. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4330, entitled: "A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING THE AUTHORITY AND RESPONSI- BILITY FOR INSPECTION OF CITY BRIDGES WITHIN SAID CITY AND PROVIDING FOR PAYMENT OF COSTS THEREOF." It was MOVED by Councilman Hage, seconded by Councilman Scott 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 Scott, Hage, Butterworth, Helms, Arth None None Council received staff report and a proposed supplemental agreement for this project, which on adoption by the Council and the County Board of Supervisors, will provide for increasing the design fees for this project in the amount of $8,170. The increase in engineering fees is occasioned by virtue of changes in hydrology by the District just prior to the completion of the final design plans. ,The fee increase would be paid from the Bond Issue Funds and will not result in costs to the City. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried unanimously that the Mayor and City Clerk be AUTHORIZED to EXECUTE the Agreement in form approved by the City Attorney. 1 S; 5t(;~...... /)tl.tl.A./V\...., CONSTRUCTION Council received request from the contractor for Storm Drain Project YARD (Temporary) 1450 for permission to use the southwest corner of Santa Clara Street Storm Drain and First Avenue as a temporary construction yard site. This location Project) was used for a similar purpose in 1968. Conditions of approval were set forth in staff report dated April 13. It was noted that it is anticipated that all work should'be completed by September of this year. It was MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that permission be granted subject to all conditions stipulated by the Director of Public Works. 4-17-73 - 9 - AWARD OF CONTRACT CAMPUS DRIVE LIGHTING d-130S UNDERGROUND DISTRICT NO. 5 CONTRACT AWARDED FOR LIGHTING AND TRAFFIC SIGNALS j- );}.0 r; UNDERGROUND DISTRICT NO.5 UTILITIES PRIVATE PROPERTY CONTRACT AWARDED -s- j;l-(o 12 -!f- $'/~ pJ, 20:8271 Council received the results of the following bids and recommendation concerning the construction of Campus Drive underground lighting project Job No. 409 which is to be financed from available State Gas Tax Funds. A.E. C., Eagle Rock Sherwin Electric Service Resco C. T. and F., Inc. S & W Electrical Contractors, Inc. Paul Gardner Corp. Thayre Electric Service Fischbach and Moore, Inc. $ 27,935.00 28,878.50 31,096.00 33,746.50 33,920.00 37,714.00 39,165.00 42,200.00 1 It was MOVED by Councilman Hage, seconded by Councilman Scott and carried on roll call vote as follows that the contract be awarded to the low bidder, A.E.C., in the amount of $27,935, that all other bids be rejected, that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney and further that $35,000 be appropriated from the State Gas Tax Fund to cover engineering, inspection and contract costs. AYES: NOES: ABSENT: Councilmen Scott, Rage, Butterworth, Helms, Arth None None Council received the results of bids and recommendation for the undergrounding of lighting and traffic signal service Job No. 407 - Underground District No.5. It was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that the contract be awarded to the low bidder, Walterscheid Electric Company, in the amount of $4,192; that all other bids be rejected and that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney, and further that $3,658 be appropriated from unallocated Gas Tax Funds for the under- grounding of District-owned parking lot lighting service. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Council received the results of bids and recommendation for the undergrounding of overhead electrical and communication lines on private property that fall within the limits of District #5. The bids have been reviewed by the Parking Place Commission. 1 o{) It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that the contract be awarded to Santa Anita Electric Company in the amount of ~,'Be; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. This work will be paid for by the private owners and a cash deposit has been requested. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None 4-17 -73 - 10 - RANCHO ROAD LIGHTING CONTINUED HEARING SCHEDULED ITREE LOSS AND REPLACEMENT p: juJ~ BALDWIN AVENUE IMPROVEMENT Job No. 396 E I R NOTICE OF DETERMINATION j /Vti?1 E BALDWIN AVENUE IMPROVEMENT JOB NO. 396 ADVERTISE FOR BIDS 'J- /0 d) '/ C. CHICAGO PARK E I R to be prepared 1 -g-d)74- 1\1'+ It REVENUE .f SHARING Y 20: 8272 Upon recommendation of staff the matter of the Rancho Road Street Lighting was continued until the next regular meeing at which time the appropriate document scheduling a public hearing will be available. On MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously a public hearing was scheduled for May15 for consideration of the petition for installation of street lights on Longley Way between Woodruff and El Monte. On recommendation of staff it was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that $2,251.93 be appropriated from the Council Contingency Account and transferred to the Department of Public Works Fund to pay the cost of replacement trees, overtime labor charges and steel pipe tree stakes. The trees were lost during a severe wind storm of April 4. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Council received the staff report dated April 13 concerning two actions which are necessary at this time due to the critical schedule for this project. Whereupon it was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that the Environmental Quality Act Notice of Determination be approved and FILED with the County Clerk. AYES: NOES: Councilmen Scott, Hage, Butterworth, Helms Councilman Arth (with the observation that in his opinion the project will have an unfavorable impact) ABSENT: None It was further MOVED by Councilman Scott, seconded by Councilman Butterworth and carried unanimously that the plans and specifications for the widening of Baldwin Avenue be APPROVED and that the City Clerk be and she is hereby authorized to advertise for bids. On recommendation of staff it was MOVED by Councilman Helms, seconded by Councilman Scott and carried on roll call vote as follows that the firm of Lampman and Associates be retained at a fee not to exceed $3800 to prepare an environmental impact report in connection with the Chicago Park improvement. It was noted that this amount of money will be made part of the assessment district and spread according to the engineer's cost benefit formula. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None This matter was placed on the agenda for an adjourned meeting to be held on Thursday April 19 at 7:30 p.m. REFUND On recommendation of staff it was MOVED by Councilman Scott, seconded APPROVED by Councilman Hage and carried on roll call vote as follows that $19.69 8-.' {~.",.uJA 4-17-73 - 11 - 20:8273 2+ be refunded the Mayday Company. This is the unused portion A~,~~license fee. The company has moved to another city. ,.- AYES: Councilmen Scott, Hage, Butterworth, Helms, Arth NOES: None ABSENT: None 1-; NEGATlVE . ...-DECLARATION yo RECEIVED /FINANCIAL V REPORT ORDINANCE yNO. 1474 INTRODUCED ORDINANCE VNO. 1475 INTRODUCED ORDINANCE VNO. 1476 INTRODUCED of the Council received the Environmental Quality Act Negative Declaration in connection with the Orange Grove Pumping Plant - G & H Boosters. Will be filed with the County Clerk. Council received the March financial reports. Filed. 1 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1474, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA RECLASSIFYING CERTAIN PROPERTY .ON NAOMI AND CAMINO REAL WEST OF BALDWIN AND ON BALDWIN BETWEEN CAMINO REAL AND CALLITA." It was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1474 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None In introducing this ordinance it was noted that certain sections must be renumbered. This will be done prior to the second reading. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1475, entitled: ,"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING AND REPEALING CERTAIN SECTIONS OF THE ARCADIA MUNICIPAL CODE RELATING TO STREET SETBACK LINES." It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1475 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None The City Attorney presented for the first time, explained the content 1 and read the title of the Ordinance No. 1476, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." It was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1476 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None 4-17-73 - 12 - RESOLUTION NO. 4331/, ADOPTED V 20:8274 The City Attorney presented, explained the content and read the tit le of Resolution No. 4331, entitled: "A,RESOLUTION OF,THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO CONTINUE THE COOPERATIVE GASOLINE PiIRCHASING 'PROGRAM." It was MOVED by Councilman Scott, seconded by Councilman Hage 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 SC'?tt, Hage, Butterworth, Helms, 'Arth None None ILAIM EJECT for damages at his residence at 1074 Balboa Drive was rejected on MOTION by Councilman Scott, seconded by Councilman Hage and carried F I /I ~ A ~ unanimously. The "City Attorney was directed to 'gtve appropriate' , ~ notice of denial. f.P QUITCLAIM DEED V" EMERGENCY AMBULANCE SERVICE F;Lf3/ PROPERTY DAMAGE ~~ CONDITIONAL USE PERMITS V~_.. COMMITTEE APPOINTMENTS tM-f-- 1 On recommendation of the City Attorney the claim filed by Gene Russo On MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously, the City Attorney was authorized to execute a Quitclaim Deed 'to Frances B. McAllister, owner, of the City's interest in and to the southerly 30 ft. of Lots 12, 13: and 14 of , Tract No. 2828 (vacated alley behind 540-600 W. Huntington Drive.) ~ On MOTION by Councilman Helms; seconded by Councilman Hage and carried unanimously the Mayor and City Clerk were AUTHORIZED to execute a Backup Emergency Ambulance Service Agreement with the Arcadia-Monrovia Ambulance Service. On suggestion of Councilman Helms a letter will be prepared for the Mayor's signature requesting the County Board of Supervisors to urge the contractor who performed the widening of Sunset Boulevard to pay for the damage to various articles in some of the homes along that street. Council to receive copies of this communication. The 'City Attorney was reminded to review the conditional use permit procedure with a view toward changing the format. Council would like to study the matter. Mayor Arth announced the following appointments to the various boards, commissions, committees and other agencies. ARTH Arcadia Beautiful Commission Municipal Data System City Selection Committee County Sanitation District Nos. 15 & 22 BUTTERWORTH Personnel Board Chamber of Commerce HAGE Library Board Land Committee League of California Cities Alternate - City Selection Committee HELMS Planning Commission Sister City Commission Audit Committee Alternate - Independent City of L. A. County 4-17-73 .. 13 - PROCEDURAL ORDINANCE WAIVED SUNDAY RACING V /RESOLUTION NO. 4334 ADOPTED APPOINTMENT WATERSHED COMMISSION ADJOURNMENT TO DATE CERTAIN 20:8275 SCOTT Recreation Commission Youth Commission Land Committee Audit Committee Independent Cities of L.A. County Alternate - Municipal Data System Alternate - County Sanitation District Nos. 15 and 122 ..,iJ In order to consider the following items the provisions of the Procedural Ordinance were waived on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as fo llows : 1 AYES: NOES: ABSENT: Councilmen Scott, Rage, Butterworth, Helms, Arth None None Discussion ensued on the need for some action at this time in opposition to any possibility that racing would be held on Sunday. The City Attorney will research the matter and present some legal applications. Mayor Arth will represent the City at the California Horse Racing Board meeting to be held April 24. However, to place the first step in motion the following resolution was adopted. The City Attorney presented, explained the content and read the title of Resolution No. 4334, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CIT\' OF ARCADIA EXPRESSING OPPOSITION TO SUNDAY HORSE RACING." It was MOVED by Councilman Helms, seconded by Councilman Butterworth 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 Scott, Rage, Butterworth, Helms, Arth None None This resolution to be immediately directed to the Horse Racing Board. Mayor Arth reappointed Reuben Coatsworth to the County Watershed Commission for the term of two years. At 12 midnight the meeting ADJOURNED to Thursday April 19, 1973 at 7:30 p.m. in the Conference Room. 1 {ltIG-k3 ~ Mayor ATTEST: t!I1t;V;4d ~ 7J~~ City Clerk 4-17-73 - 14 -