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HomeMy WebLinkAboutFEBRUARY 5,1974 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 20:8473 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL BUTTERWORTH EXCUSED MINUTE APPROVAL HEARING SIDEWALKS " :a- 1/ d-- / MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 5, 1974 The City Council of the City of Arcadia, California, met in regular session on Tuesday, February 5, 1974 at 7:30 p.m. in the Council Chamber of the Arcadia City,Ha11. Rev. John S. Meyer, Arcadia Christian Reformed Church Mayor C. Robert Arth PRESENT: ABSENT: Councilmen Hage, Helms, Scott, Arth Councilman Butterworth On MOTION by Councilman Scott, seconded by Councilman Hage and carried unanimously Councilman Butterworth was excused. Councilman Scott explained the purpose of the absence - that Councilman Butterworth was receiving the highest award given by the Boy Scouts of America. On MOTION by Councilman Helms, seconded by Councilman Hage and carried unanimously the minutes of the regular meeting of January 15 were APPROVED. Mayor Arth announced that although the hearings were closed on sidewalk locations, due to a misunderstanding he would reopen the hearings. Prior to this Councilman Helms made the following statement for the record: "It has come to my attention since the last meeting on sidewalks, that a few opponents of sidewalk construction have made statements accusing the council and me of having improper motives in connection with the sidewalk program. When I was first elected to the council six years ago, it came as some surprise and hurt to discover that there are a few people in our fine city who will resort to slander in an effort to impose their will upon the city council. There have been so many instanc~of this kind in the past six years that I am no longer surprised by it, but I am still hurt. One libelous statement intimates that the City Oounci1 represents moneyed interests and another slanderous statement indicates that because I have been in favor of some sidewalks that I must therefore receive a kickback from the contractor. Both of these statements are entirely false in every respect. The true facts are that the sidewalk program was conceived over 8 years ago, long before I was elected to the City Oounci1, in a joint program between the Oity Oounci1, the Bngineering Department and the School Administration. Most of the sidewalks that we are considering were delineated at that time and construction has been spread over a number of years as funds have become available for their construction. Since 1968 these funds have been budgeted on a five year program under our Capital Improvements Program and makes use of moneys which the City derives from the taxes on the operation of the Santa' Anita Race Track. Each segment is recommended to us by the Engineering Department and the Charter requires that it be placed for publiC bid and that we accept the lowest responsible bid. A number of contracting companies customarily bid on these projects. Anyone who makes a statement such as that which I just alluded to with respect to the motives of the city councilmen, exposes his own ignorance of the facts and also exposes the moral decay of his own soul. Irresponsible and slanderous statements about local govern- P..-1VVl...-L- WL I 2-5-74 I - 1 - 20:8474 ment does a great disservice to citizens who give so much of themselves in an effort to make our community a better place in which to live. "If our motives in supporting the sidewalk program have not been the result of improper conduct, why then have we supported the program? The answer is quite simple. It is in consideration of the safety of the residents of this community, both the people who live today in the areas where the sidewalks are ,to be constructed, and those who will live there in the future. We frequently hear citizens complain that the sidewalks will destroy beautiful trees. I doubt that you could ever find a city council more concerned with preserving trees than this' Council has been. I If you will observe existing sidewalks, you will see that they meneuver around trees and have been located so as to avoid de- structions of trees, wherever possible. We not only preserve trees but we also preserve telephone poles, fireplugs and other obstructions. But no tree is worth a single human life. "Another argurrent that we hear frequently is that people want to preserve the rural atmosphere of Arcadia. There is no one who wants to preserve the amenities of residentta1 living in Arcadia more than I do, but I certainly do not want to turn the clock back to 1920 and 1930 to the era of the chicken ranches when this was truly a rural community. Since that time our population has grown from a few thousand to 46,000 people and almost everyone has two cars in their garage. In addition to our own automobiles, the majority of'the population voted to permit the construction of Fashion Park which will bring another 23,000 cars into our community a day and by a majority vote on Sunday racing, we bring thousands of more cars into our community on Sunday, the day when most people are home and children are at play. We have seen the traffic increase from these causes and we will see it continue to increase according to all predictions by 20,000 to 30,000 cars per day on our city streets when the Foothill Freeway is opened up through Pasadena. "We know from recent studies the traffic on Longden Avenue travels at an average of 33-35 miles per hour, and that 15% of the cars exceed 40 miles per hour. More than 5,000 cars per day travel on Longden. Longden is only 36 ft. wide from Santa Anita to E1 Monte. We know that Santa Anita is a busy north-south street 'ca~rying' from 4,000 to 10,000 cars per day; and we know that Holly Avenue and E1 Monte Avenues carry heavy racetrack traffic during school hours; E1 Monte carries over 6,000 cars per day at an average speed of 40 m.p.h. All of these factors indicate that a very basic and fundamental change has occurred in Arcadia and point out with certainty in my mind the need for council concern about pedestrian safety on our more heavily travelled streets. "I believe that it is perfectly natural for a homeowner to be distressed with the prospect of having landscaping and planting I removed and the status quo changed by the installation of a sidewalk. The will of the homeowner is of great concern to me, but of overriding concern is the fact that the land in question belongs to the city, it belongs to all of the people of the city, and its ultimate use is to be determined by the requirements of the com-, munity. II . Mayor Arth then declared the hearings,open on locations as follows: SUNSET AND PORTOLA The Director of Pub1ic'Works explained that he had met with the owners of the apartment building at this ~orner, and John Giggar, 1155 La Rosa, one of the owners, stated in part he did not feel the sidewalk necessary at this location as pedestrians use the blacktop which is in good condition. Upon inquiry he indicated he would be willing to construct 2-5-74 - 2 - \ MOTION TO CONSTRUCT PORTION I "'" 20:8475 a small sidewalk on a pathway currently used by residents (located at the corner). During this discussion the Director of Public Works informed Council it is the intent of the department to remove the asphalt at the corner of Huntington and Sunset and to put in conventional city standard concrete sidewalks. No one else 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'Counci1man Hage and carried unanimously that the recommendation relating to this location be APPROVED except the sidewalk along the east side of Sunset be mini- mized to include only that portion from the curb at Sunset and Portola to ,the point where it intersects the existing .driveway. STREET, north side between First and Second Avenue. MOTION TO DELETE I '"''''''' , Adell Stone, residing at 721 S. Second Avenue, was advised on the 1911 Assessment District Act procedure. She stated in part that there is need of a sidewalk, at curbside, but submitted that for her it would be a financial burden. Lewis St. Thomas, 155 Alice Street, agreed with Mrs. Stone's observations, adding that he felt the City should assume the cost of the installation which should be at curbside. Dorothy Johnson, 161 Alice Street, concurred and said had she known about the proposed installation she would nor'-have put in a new driveway, which would have to be torn out in part. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by, Councilman Hage and carried unanimously. Discussion ensued and the Director of Public Works advised that it was the intent to construct 5 ft. sidewalks at the property line in the interest of saving the existing parkway trees. I~ was noted that p~operty facing Second Avenue is R~2 and that on Alice is R-3. Sidewalks were installed on Second because it is th~ primary route for children attending Bonita Elementary School. It was the consensus of Council that sidewalks are needed at this location, but due to the financial hardship ~he installation would have on the residents at this time and because Council could not go ahead and assume the expense when it has not done so at other locations, it was MOVED by Councilman Helms ,that this portion of the program be deleted and that staff be instructed to bring it up again in the future when they feel it appropriate. Motion seconded by Councilman Scott and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth south side, between Baldwin and Holly. Wallace Oliver, 560 W. Longden, submitted a petition with 18 signatures in opposition. This is out of 24 property owners. John Strand, Jr., 416 W. Longden, expressed opposition. It was brought to his attention that there is no assurance that the matter of sidewalks on this side of the street would not be brought up again in another year o~ so because it would be difficult for any Council not to heed a recommendation of the School Board should it report that sidewalks are needed for the safety of the children. Anna Cinque, 446 W. Longden, spoke in opposition. No one else desiring to be heard the hearing was CLOSED on,MOTION by Councilman Helms, seconded by Councilman Scott and carried unanimously. It was noted that Council had received a petition in favor of this 2-5-74 - 3 - MOTION TO DEFER UNTIL FEBRUARY 19 20:8476 sidewalk; also a communication from the School District recommending the construction once the City had asked for its position. Council expressed an interest in the number of children residing on cui de sac streets which feed into Longden. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that this particular location be DEFERRED until the next regular meeting (February 19) and that any further tEs:imony would have to be in writing. LONGDEN, south side, between E1 Monte and Santa Anita MOTION TO DELETE Mrs. Wayne Sayre, 28 W. Longden, spoke to the 97 percent opposition to the sidewalks and explored ways of diverting traffic from Longden. She suggested that the police endeavor to maintain a 25 m.p.h. speed limit thereon. I Ward W. Rogers, 52 W. Longden, concurred with Mrs. Sayre. George Ferriera, 60 W. Longden, spoke in opposition and asked Council to consider those who have come out against it. Bernard Newmyer, 638 W. Longden, spoke in opposition. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Scott and carried unanimously. The Councilmen expressed their individual views and it was the consensus of a majority of the Council that since there is a sidewalk on the north side it would be difficult to support sidewalks on the south side when there has been so much expressed opposition especially when there is continuity of a sidewalk on the north side from Baldwin to Santa Anita. They would be willing to delete this portion from the program. Councilman Helms submitted that it is a very hazardous street with narrow roadway and with cars parking on either side a very dangerous situation is apparent. He noted that at one time the County was planning on widening Longden. He felt the fact that the sidewalks go in at no expense to the property owner and the lots are so deep that the use of the public right of way would not create a great disturbance to them. He hoped the residents would give this matter further thought and at some future time would favor sidewalks. It was then MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that the south: side of Longden between E1 Monte and Santa Anita be DELETED. AYES: NOES: ABSENT: Councilmen Rage, Scott, Arth Councilman Helms Councilman Butterworth During these deliberations Councilman Scott submitted the possible future consideration of a requirement for the construction of a sidewalk in front of a home when it is built. I CAMINO REAL, north side from Holly to E1 Monte. William Hull, 237 W. Camino Real, favored sidewalks, however, he felt the notice to the property owners could have been more explicit --- information for instance as to where the sidewalk would be placed. Rocco Sane11o, 381 W. Camino Real, was opposed and during his testimony he was advised that there are no plans to widen Camino Real. Joan Boyer, 370 W. Camino Real, opposed Roy Gilbert, 310 W. Camino Real, favored. Wayne Clark, 380 W. Camino Real, opposed. Kenneth Boyer, 370 W. Camino Real, opposed 2-5-74 - 4 - I MOTION TO DEFER TO FEBRUARY 19 20: 8477 Dan Apodaca, 219 W. Camino Real, favored sidewalks as did his wife, Carmen Apodaca. A note from Mrs. P. H. Ayres, 353 W. Camino Real, opposing sidewalks was accepted for the record. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously. Councilman Helms and Scott felt it was a difficult decision but could see no justification at this time for going against the recommendation of the School District and City staff for this installation "of sidewalks at the property line... that it would create a continuous pathway to the Holly Avenue Elementary School. Councilman Hage also felt it a difficult decision to make, however, he would be of the same opinion as he expressed at the last meeting - he would be willing to delete the sidewalk at this location. It was MOVED by Councilman Scott, seconded by, Councilman Helms that the recommendation be APPROVED and that sidewalks be constructed at the property line on the north side of Camino Real between Holly and E1 Monte. The following roll call vote was then taken. AYES: NOES: ABSENT: Councilmen Helms, Scott ) Councilmen Hage, Arth ) Councilman Butterworth ) tie vote Due to the tie vote it was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that this phase of the program be DEFERRED until February 19. Councilman Scott noted that he may be absent on that date and Mayor Arth stated he would take his vote into consideration. Any further testimony on this portion must be in writing. During this deliberation Council submitted it would' be well in the future to include costs and location in the notice. SANTA ANITA, west side, from Sierra Madre to Grandview I Janice Sco11ick, 1832 N. Santa Anita, favored sidewalks on the west side and advised that the Highland Oaks PTA voted in favor and that a com- munication to that effect was submitted to the City Council. She noted that some of the children walk in the median strip which offers no protection. Mrs. Des Jardins, 1845 N. Santa Anita, President of the Highland Oaks PTA, referred to a petition in favor of the sidewalks and noted the streets which feed onto Santa Anita. Photographs had previously been submitted. Mr. Wong, 1763 N. Santa Anita, said he and his neighbors felt sidewalks on the one side were sufficient and submitted a petition to that effect. Earl Van Horn, 1735 N. Santa Anita, felt the construction of a sidewalk at this location would not preclude accidents from occurring and related some which have taken place due to the downhill slope of the street. He asked for a delay and during the interim have the Police Department make an analysis of the situation. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously. During the considerations it was stated in part by Councilman Helms that hazards do exist on the west side due mainly to the speed of the traffic and the fact that residents must now walk in the street. He felt this location is the most necessary of all discussed thus far. Councilman Scott submitted in part that the center divider was never intended as a walkway 'with its automatic sprinkler system, etc. He expressed empathy with those who had landscaped the parkways which would have to be torn up to make way for the sidewalk and hoped the Public Works Department would see that it is accomplished with a minimum loss to the property owner. 2-5-74 - 5 - 20 :8478 Councilman Hage submitted in part that he does not like to see properties disturbed either but that the street is such a thoroughfare that it just begs for this improvement and protection at this time. Mayor Arth agreed and commented in part that after taking a close look it would not be just for those residing on, Santa Anita but for many more from the streets which feed onto Santa Anita and agreed that this street is in need of a sidewalk from the standpoint of traffic and pedestrians. AYES: NOES: ABSENT: It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the recommendation pertaining to the west side of Santa Anita from Sierra Madre to Grandview be APPROVED. I Counc ilmen None Counc ilman Hage, Helms, Scott MOTION TO APPROVE Butterworth HOLLY, east Side, fromC'lmino Real to Palm Wayne Clark, 380 W. Camino Real, spoke against this location and traced pathways used by children. He felt the existing dirt path is meeting the need at the present time, howe~er, if they are to be installed would prefer curbside. No one else desiring to speak to this location the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously. Councilman Helms noted the receipt of communications from the School District and the Principal of Baldwin Stocker Elementary School re- questing the installation. He felt traffic on Holly will only increase and protection should be provided for those who walk. MOTION TO APPROVE Discussion ensued on property or curbside installation and it was the consensus that although curbside would prevent unsightly and uncared for parking strips still the extra width of the sidewalk and the strip would further protect the children. Existing sidewalks are at the property line with the trees preserved. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried on roll call vote as follows that sidewalks on the east side of Holly between Camino Real and Palm be installed. The trees will be inspected to ascertain their condition. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth EL MONTE, east side, from Camino. Real to Longden Joe Quinlan, 183 W. Las Flores, felt sidewalks are not needed on both sides of E1 Monte. He noted the existing fences, permanent type of structures and the like... which would have to be torn down. Also I vandalism which would be enhanced if the shrubbery is removed. He suggested that something be done to slow down traffic on that street also Ed Schwartz, 183 W. Arthur, agreed with Mr. Quinlan and added that children would only use the sidewalk for play to and from school. Joe Dominico, 2112 El Monte, spoke in opposition and noted that he owns 3 pieces of land between Arthur and Longden which would have to be condemned in order for the City to acquire it. Buford Tucker, 182 W. Las Flores, felt the money could be used to better advantage elsewhere,.. that he walks a great deal and does not observe many students walking. Ethel Schwartz, 183 W. Arthur, opposed sidewalks .. that very few use the existing one. 2-5-74 - 6 - I MOTION TO APPROVE ENVIRONMENTAL IMPACT REPORT APPROVED SIERRA MADRE SIDEWALK HEARING SET HEARING SECOND AVENUE WIDENING CONTINUED TO FEBRUARY 19 I 9-/3~1' 20:8479 No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously. Councilman Scott stated in part that he would hope in the future when sidewalks are being considered that it be determined that they be installed on both sides of a street - that residents would then be treated the same. In the subject instance he felt the need is apparent and that if the sidewalk is going in Council should authorize the acquisition of property owned by Mr. Dominico. He would like to know however just how much the sidewalk is used. Councilman Helms submitted that he knows of many children for whom it is o'nsafe to walk on E1 Monte especially during the dark mornings and felt a sidewalk is needed on the east side.. He noted the feeder streets onto E1 Monte.... The communication from the School District in favor of this sidewalk is a matter of record. Councilman Hage felt much the same as Councilman Scott in sidewalk determination and recalled the entire sidewalk program on E1 Monte was inspired some years ago due to a fatal accident on E1 Monte. He was in favor. It was then MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows that sidewalks on the east side of E1 Monte from Camino Real to Longden be APPROVED and that staff be instructed to proceed with negotiations for the acquisition of the property needed to complete the sidewalk all the way along the east side. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth On MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously the Environmental Impact Statement pertinent ,thereto was APPROVED. Staff will provide Council with information as to the usage of the sidewalk on the west side. Mayor Arth advised that the hearing on this portion would be held February 19. Mayor Arth declared the hearing open on the improvement of Second Avenue from Colorado Boulevard to Laurel. Gary Pa1meter, 200 E. Newman (corner) adjacent to the Eisenhower Park, expressed hope that the program could proceed without" delay, howeyer he did not think sidewalks should be constructed on the east side nor should parking be permitted on the east side of Second ... that off street parking should be provided. He also spoke to the speed of the traffic and asked for a study for some improvement in that direction. He noted that taking 5 ft. for a sidewalk would be crowding some residences. Art Betcher, 201 E. Forest, spoke in opposition to sidewalks but felt the widening was necessary due to the traffic carried by Second Avenue. It was the consensus of Council that additional data is necessary including the impact on the driveways, garages, ,etc. Councilman Scott may be absent from the next regular meeting and recited his position for Council to take into consideration..... he finds it very difficult to omit sidewalks where there are feeder streets such as this one with the numbers of children going to the Foothills Jr. High School. This matter will be continued to February 19 (Hearing remains open). 2-5-74 - 7 - HEARING LOT SPLIT (400 S. Ba1dwin- Fashion Park) a-rJ-~"l j- HEARING (Carport) /).r (,'y' /t.../ .{- ~ _-{'" p: ~" L c.~, 't HEARING PRIVATE PATROL APPROVED :j- /070 20:8480 This is an appeal filed at the request of Councilman Helms for the purpose of perm~tting Council to review a lot split creating four lots on the property at 400 S. Baldwin (FashionPark~ approved by the Planning Commission on January 22, 1974 -.Case No. L-74-2. Mayor Arth declared the hearing open and Richard Volpert, Attorney for Santa Anita Consolidated, Inc., explained the details and reasons for the lot split. The City Council expressed its concern that the lot split would permit the sale of the separate lots to interests which could then engage in operations that would diverge qualitatively from the standards that have been set for Fashion Park by Santa Anita Consolidated... standards that may be susceptible to better enforcement if the lots remain under one ownership. Mr. Vol pert was asked whether assurances could be given to keep the four lots under one ownership. Mr. Vo1pert I will confer with Santa Anita Consolidated. Pending an answer to this question it was the consensus of Council that the hearing be continued to the next regular meeting of February 19. Jack Sae1id, 821 Balboa Drive, expressed concern that the legal aspects of this project are being changed. Don Ehr, 215 W. Pamela Road, expressed hope that both Counci1m~ Helms and Butterworth, who are attorneys, would be involved in the review of the documents. Richard Vol pert responded to the concerns expressed by Messrs. Sae1id and Ehr. The hearing will be on the February 19 agenda. Appeal from the decision of the Planning Commission for denial of a request for permission to construct a two car tandem carport in lieu of a two car side by side carport. The Planning Director advised on the stand taken by both the Modification Committee and the Planning Com- mission. Concern was expressed by the Commission that a precedent could be set allowing tandem or in-line parking .. that there was area available in the back yard at 1645 Perkins Drive for alternative carport locations. It carried a 4 to 2 vote with one commissioner absent. Mayor Arth declared the hearing open and Eugene Bugaski explained reasons for appealing the decision; that the request would allow con- struction of a carport which would preserve a well established tree and as much of his back yard as possible. The residence has been without a garage since 1936. Mr. Bugaski has lived there since 1965. He noted in his presentation the many alternatives' which have been tried to no .. avail ... that' the carport,:w ou1d not be vis ib Ie to anyone other than his family.. that it would be an, improvement .... and they would be abiding by the Building Code. The setback is only for the carport and is along a neighbor's existing garage. This neighbor has no objection and has submitted a letter to that effect. I No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilman Hage and carried unanimously. It was the consensus of Council there appears to be no problem if the property owner likes it that way --- it is on a 60 ft. lot... and it behooves Council to be flexible in some instances. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that the decision of the Planning Commission be disapproved and that permission be granted to the construction of the carport as requested and that the fire wall comply with the Building Code. Application of Marvin Elfman for a Council Permit to take over the Security Ranger Patrol and Guard Service at 622 S. First Avenue. Change of ownership. The applicant indicated that he intends to operate the business in the same manner as the previous qwner. The police clearances have not all been completed. 2-5-74 - 8 - p; CONDITIONAL USE PERMIT (Restaurant) 20:8481 Mayor Arth declared the hearing open. No one desiring to be heard the hearing was closed on MOTION by Councilman Scott, seconded by Councilman Hage and carried unanimously. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that the permit be granted on the condition that no adverse information be received in the next two weeks. If such adverse information should be received further report will be made to Council. . Planning Commission Resolution No. 842 granting a conditional use permit for a restaurant at 25l N. Santa Anita Avenue, subject to conditions specified therein. It was MQVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that the decision of the Com- I mission be and it is hereby RATIFIED. e' ~-". TRACT On recommendation of the Planning Commission it was MOVED by Councilman NO. 31687 Hage, seconded by Councilman Helms and carried unanimously that the FINAL MAP final map of Tract No. 31687 be APPROVED. This will create an 18 unit APPROVED condominium at 731 - 741 Fairview Avenue. 1'\. 0 ยท /, . ,.J...~~J_/"'li - TR CT On recommendation of the Planning Commission it was MOVED by Councilman NO. 31688 Scott, seconded by Councilman Helms and carried unanimously that the FINAL MAP final map of Tract No. 31688 be APPROVED. This will create a 37 unit APPROVED condominium at 1014 - 1024 Fairview Avenue. V AGENDA ITEMS 'DEFERRED RECREATION COMMISSION PARK NAME 9-"1 S-5 DANCING WESTERNER RESTAURANT Continued to February 19 d:e~ f) :1A1'/'..A..M1 I REVIEW GOLDSMITH STATEMENTS !3 f;).'J. 7 STREET LIGHTS Santa ,Clara On MOTION by Councilman Helms, seconded by Councilman Hage and carried unanimously Planning Commission recommendations contained in Resolution Nos. 839 and 843 were continued to February 19. Council received the recommendation of the Recreation Commission that the new park at Second and Camino Real be named Tierra Verde. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried unanimously that it be so named. The request of Martin Yurich for permission to have dancing in his cocktail and restaurant at 181 Colorado Place was continued to this date to ,allow staff to provide Council with additional data on what regu- lations, if any, should be imposed in this instance. The Planning Director advised that the department has surveyea 11 cities concerning this matter and found that only one out of 11 does not allow dancing. Cities require some form of review and a special or conditional use 'permit. Report is dated February 5 and on file in the office of the City Clerk. Conditions of approval were submitted for Council review. Areas of concern were expressed by Council and it was MOVED by Councilman Helms, seconded by Councilman Hage and carried unanimously that staff be instructed to develop guidelines for issuing interim Council Permits and to furnish Council with staff reports on any application for this type of permit.. Staff was authorized to proceed with the text amendment. This matter will be before Council on February 19. Council received a review and response to an affidavit made by John R. Goldsmith, M. D., concerning effects of air pollution. (Requested by Council on January 15, 1974. Council advised that careful study had been given the report and staff was commended in this regard. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried unanimously that the report be FILED. Council received the recommendation of staff to conserve energy on street 'lights on Santa Clara (dated February 1). and it was MOVED by APPROVED -t < f~ 0-J!~ 2-5-74 - 9 - TENNIS COURT LIGHTING APPROVED d-Jl2~A- FOOTHILL SEWER AGREEMENT 401-'f 1j WORK ACCEPTED Tennis Courts d- ;7;);,)-& WATER DEPARTMENT REORGANIZATION STUDY TO BE MADE 1\ I @./iJ woJ!1/v -,I': d r;- ;NJo ~. - 20:8482 Councilman Scott, seconded by Councilman Hage and carried unanimously that the Director' of Public Works be AUTHORIZED to request the utility company to modify the system in order to reduce lighting to recommended acceptable levels. Mayor Arth commented that he hoped staff would provide' Council with a report on energy saving in other areas. Council received the report and recommendation on the following bids received for the lighting of the tennis court at Camino Grove Park (Job No. 421). , ,,1;- t"1~'" A11brite E1ectr&& ~ Held Electric, Inc. Edwards Electric Witon Company Sherwin Electric $ 9,593. 10,420. 10,455. 11,522. 11,725. I It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that the low bid of $9,593 from A11brite Electric and Sign Contractors be accepted; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney - and that $10,700 be appropriated from the 1973-74 CIP Fund to cover contract costs, engineering inspection and contingencies. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth On recommendation of the City Manager and Director of Public Works it was MOVED by Councilman Helms, seconded by Councilman Scott and carried on roll call vote that $2,946.05 be appropriated from Capital Outlay Fund and transferred to the Capital Improvement Projects Fund Account No. 638 and that payment be made in conformance with Foothill Sewer- Cooperative Agreement No. 1990 - California Department of Transportation. See report dated January 25. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth On recommendation of staff it was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call, vote as follows that the work performed by O. K. Coyle in the construction of tennis courts at the Holly Avenue Elementary School (Job No. 414) be, accepted and that final payment be authorized in accordance with the terms of the contract. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth I Council received recommendation concerning the reorganization of the Water Department by the addition of a new position of Operations Coordinator. Responsibilities were explored in the report dated January 31. Councilman Scott recalled that at some previous time a suggestion was made to the possibility of some consolidation of this department... He felt this would be the best time to at least discuss the matter and suggested, a study be made. It was MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that staff prepare a report of costs and particulars concerning possible con- solidation. 2-5-74 - 10 - SPECIAL ATTORNEY FEES APPROVED /R:a_pK.. j-/C~,-" ~ AGENDA ITEM DEFERRED I SIE~ MADRE COMMUNICATION V AGENDA ITEM DEFERRED CHAMBER/ COMMERCE REQUEST APPROVED d-/97 ~ CITY REFUSE CONTRACT EXTENSION DEFERRED 20:8483 On MOTION by Councilman Scott, seconded by Councilman Hage and carried on roll call vote the fee submitted by Gibson, Dunn & Crutcher in the amount of $10,779.90 was APPROVED for payment. This is for services rendered from June 19, 1973 to December 31, 1973 in connection with the Arcadia Police Relief Association vs. City of Arcadia matter. AYES: NOES: ABSENT : Councilmen Hage, Helms, Scott, Arth None' Councilman Butterworth Item concerning time for persons to address Council on the agenda was deferred until the next meeting. Council received the communication from the Mayor of Sierra Madre asking Council to delay its consideration of tennis courts proposed for Baldwin and Orange Grove. It was noted that this matter will be before Council on February 19. The request from the West Arcadia Little League Baseball organization for permission .to address Council concerning the installation of a baseball backstop at the Baldwin Stocker School was carried over until February 19. Council received plans which the Chamber had prepared for a receptacle for the garbage containers at its building and also the request that the City share in the cost of the new construction. Total cost approxi- mately $1,040. It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that the City pay half of this 'amount ($520) from General Contingency Account No. 417-28. AYES: NOES: ABSENT: . Councilmen Hage, Helms, Scott" Arth None Councilman Butterworth The agenda item'concerning the request of the City Refuse Company concerning its rates and request for a five year extension was deferred. Staff advised that additional material is needed prior to Council consideration. It was SO MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously. AUDIENCE PARTICIPATION I ORDINANCE NO. 1504 INTRODUCED Reuben M. Ruiz, 227 Genoa~ referred to a resolution which would change terms of office for a councilman from two to three consecutive terms and asked the purpose of' same. Mayor Arth advised that Council had received numerous requests from citizens and that it would be decided by the voters; that it would not ~fect any of the three retiring officials. John 'C. Mynster, 260 W. Longden, read a letter concerning a possible charter change limiting campaign spending and contribution. . ..... ten cents per registered voter for expenditures and limiting single contributions to $250 per candidate. It was noted that Council had discussed this ... that it is too late for such an amendment to go on the April ballot ."~ perhaps the next Council might want to do something in that line. Council expressed the hope that this becomes a reality. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1504 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE R-3 MULTIPLE-FAMILY ZONE REGULATIONS AND AMENDING AND ADDING CERTAIN RELATED DEFINITIONS." 2-5-74 - 11 - RESOLUTION NO. '4404 ADOPTED 1; ):,;)3; RESOLUTION NO. 4405 ADOPTED d--/3~3 RESOLUTION NO. 4406 ADOPTED 2t I ~;i.1 C2-. RESOLUTION NO. 4407 ADOPTED -J.. I'; :: ;, ""'::J' ...& "'" ,~'~ .... .----. 20:8484 It was MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ord inance 'No. 1504 ,be WAIVED and that the same be' INTRODUCED. AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Councilman Butterworth The City A~torney presented, explained the content and read the title of Resolution No. 4404 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING AN AMENDMENT TO SECTION 401 OF THE CHARTER OF THE CITY OF ARCADIA RELATING TO A LIMIT ON CONSECUTIVE TERMS OF OFFICE FOR A COUNCILMAN AND CHANGING THE RESIDENCY REQUIREMENT OF A CANDIDATE FROM TWO YEARS TO ONE YEAR AND REPEALING, RESOLUTION NO. 4402." I 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 Hage, Helms, Scott, Arth None Councilman Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4405 entit led: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY' MEASURE." It was MOVED by Councilman Helms, 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 , 'None Counc ilman Hage, Helms, Sc~tt, Arth Butterworth The City Clerk advised that she had placed the date of February 14 as the last day to receive arguments for or against any measures, The City Attorney presented, explained the content and read the title of Resolution No. 4406 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT 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 of the resolution 'be WAIVED and that the same be ADOPTED. body I AYES: NOES: ABSENT: Councilmen Hage, Helms, Scott, Arth None Counc'ilman Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4407 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ARCADIA BY AMENDING SECTIONS 400, 500 AND 1100 AND ADDING SECTION 1100.1 RELATING TO THE NUMBER OF VOTES REQUIRED TO ELECT A COUNCILMAN AND CHANGING THE DATE OF MUNICIPAL ELECTIONS AND PROVIDING FOR A RUNOFF ELECTION." Councilman Hage stated in part that he had reservations about this resolution with relation to the time element - that he is of the opinion that it should be enacted but not at this time - that it should be 2-5-74 - 12 - I RESOL~ON NO. 4408 ADOPTED It: PR- /Ai " )1 v' . qjjA/. ~r, t-........ RESIGNATION ACCEPTED ~ NEW CITY ATTORNEY ADJOURNMENT I 20:8485 deLayed to perhaps the June Primary or even the General Election in November. This would provide more time for study. It was the consensus of a Council majority that the April election would be the best time due to the expected voter turnout and it was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that the reading of the full body of Resolution No. 4407 be WAIVED. It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that Resolution No. 4407 be ADOPTED. AYES: NOES: ABSENT: Councilmen Helms, Scott, Arth Councilman Hage Councilman Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 4408 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE ON BEHALF OF THE WEST SAN GABRIEL VALLEY JUVENILE DIVERSION PROJECT." 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 Hage, Helms, Scott, Arth None Councilman Butterworth Mayor Arth announced that he had appointed Councilman Helms as Liaison to the West San Gabriel Valley Juvenile Diversion Project. It was MOVED by Counci'lman Scott, seconded by Councilman Hage and carried unanimously that the resignation of Charles e.. Gilb from the PersonneL Board be accepted with regret. . . Mayor Arth announced that William Phillips of Lomita had been appointed City Attorney beginning March 1. At 1:30 a.m. February 6 the meeting adjourned to 7 p.m. in the Conference Room on February 19, 19'4. I, ."" j. 'c rdJ d!'~ Mayor: ATTEST: L{!/~ ]J~~ City Clerk 2-5-74 - 13 -