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HomeMy WebLinkAboutAPRIL 2,1974 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I nwocm~ PLEDGE OF ALLEGIANCE ROLL CALL MINUTES AMENDED AND APPROVED HEARING (Public Dancing) I f-Svt:Jj TRACT '/), V NO. 32334 j REVISED TENTATIVE MAP APPROVED. j 20:8510 MINUTES CITY COUNCIL OF THE CITY OF,ARCADIA REGULAR MEETING APRIL 2, 1974 The City Council of the City of Arcadia, California, met in regular session on Tuesday, April 2, 1974 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall Dr. James McCormick, Church of the Good Shepherd United Methodist Mayor C. Robert Arth PRESENT: ABSENt: Councilmen Butterworth, Hage, Helms, Scott, Arth None On MOTION by Councilman Helms, seconded by Councilman Hage and carried unanimously the minutes were amended as follows, and as thus amended, were APPROVED. Page 2. Hearing on the EIR for the improvement of Las Tunas Drive between Baldwin and Live Oak Avenues - the name of the owner of the market in question to be inserted - Herbert Sercomb. Page 4 - Sidewalk Program Phase VIII - in the Motion and following the words "constructed as part of Phase VIII" add the words "with the reserved power of condemnation". Page 5 - Utility Tax Regulations - insert just before the last sentence "The contentions of the speaker were disputed by the Mayor and City Manager" . Application of Jack Linstrom, dba Pat & Jack's, for a Council Permit to allow dancing in the establishment at l16 E. Live Oak Avenue. Mayor Arth declared the hearing open and Mr. Linstrom stated in part that his business is not primarily that of a bar.. it is a licensed restaurant, is conducted in one large room and that no remodeling will be done; that it would not be a dance hall. The business has been at this location for many years and before its annexation to the City. He said the lighting is more than adequate and that the front of the building is glass. He noted competition he is encountering with ad- jacent cities where dancing is allowed in such establishments. Councilman Butterworth said the business apparently is essentially a bar with food incidental to the legal requirements, that if he were still on Council he would be opposed; that there is another problem - that of the lack of defined standards which the operators of such businesses should be entitled to. He suggested deferring the matter permitting staff to see if standards could be developed with additional data. The City Attorney explored the code sections relating to applications of this nature. Councilman Scott MOVED to continue the hearing to May 7 and staff to continue along the lines indicated by this discussion. (It was noted that two other applications have been received for a dancing permit. These will be scheduled for hearings on the same date.) The Planning Director reported on the findings of the Planning Commission relating to the revised tentative map of this tract. It would create a 10 lot subdivision at -72.0-724 W. Lemon' Avenue and l82l- l827 S. Baldwin Avenue. The Commission approved the tentative map on 4-2-74 - I - 20:8511 a 4 ro 2 vore with one member absent. Conditions of approval were ser forth in the report (dared April 2). The majority opinion favoring the trace felt the lot sizes were not inconsistent with the other lots in the area and the addition of new homes would upgrade the area. The minority opinion expressed concern about the existing non-conforming uses which would remain, They felt a better design would result in fewer code deficiencies. The homes surrounding the proposed tract are older with a mixture of lot sizes. Councilman Hage indicated he had visited the property and because of the surrounding properties he would be inclined to approve the revised map and MOVED ro approve same subject to all conditions outlined in the report. Motion seconded by Councilman Butterworth, I Discussion ensued on the conditions in particular No.7 relating to the construction of a wood fence. Councilman Helms suggested requiring some assurance for the maintenance of the wood fence as they deteriorate so rapidly. Councilman Scott felt it is unfortunate when a tract comes in with sub-standard lots and submitted that there should be some way to develop the property facing on Baldwin Avenue - that instead of up- grading in terms of minimum lot sizes approval of this tract would bring forth more sub-standard lot sizes and suggested a return of this matter to the Commission for further study. Councilman Butterworth stated in part that In instances when a proposal is returned to the Commission it was because the tract would detract from what was already there and that in this case the new tract is comparable to what is existing. In his opinion the tract would tend to upgrade the area. Discussion turned to the requirement for underground utilities and Gordon Maddock, the developer, indicated he would willingly construct the underground utilities to the two older homes which are not part of the subdivision and not owned by him but would rather not have to make the connection which would require upgrading the electrical service itself. However, it was noted that this is part of the conditions for approval recommended by the Commission. Councilman Helms then MOVED to amend the primary Motion thusly: Condition 7 - the last sentence to read "The developer shall also furnish a covenant secured by a cash or security bond which provides for the maintenance of the wood fence and trust lot which is subject to the approval of the City Attorney." Councilman Butterworth seconded this motion. Roll call was then taken on the amendment: AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth Councilman Scott None Roll call was then taken on the primary motion as amended: AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth Councilman Scott None I It was further MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that this tract would not have a substantial impact on the environment. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Arth Councilman Scott None TRACT NO. 32428 TENTATIVE ~P DENIED Planning Commission recommendation for denial of this tentative map which would create a 10 lot subdivision at 274-280 W. Foothill Boulevard. The Planning Director explained that due to the substandard conditions which this tract would create on specific lots and the general ir- regularity of the subdivision the Commission recommended denial. It 4-2-74 - 2 - ',:" '> "- ~..., ~.., .. \r . . 20:8512 was noted in a report dated April 2 that all the lots would be below the minimum requirements for lot width and the cul-de-sac streets would terminate approximately 750 feet from Foothill Boulevard - the closest access - 500 feet is the maximum distance permitted. The Fire Department was also concerned about the length of the proposed streets. It was the consensus of Council that the subdivision is not compatible with the others approved for the" subject area and it was MOVED by Councilman Hage, seconded by Councilman Helms and carried unanimously that the recommendation of the Commission be SUSTAINED and that the tract be denied. p',{, f };J / TRACT Council received the report of the Planning Commission concerning the NO. 31686 final map of Tract No. 31686 for a 2l unit condominium at 415 W. Duarte FINAL MAP Road and 1115 Holly Avenue. All conditions have been complied with. APPROVED Whereupon it was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that said final map be APPROVED. I MINI-PARKS APPRECIATION A: Hr.c.. 1;:-3 r~ fllr-( RUBBISH COLLECTION. /' (APRIL 16)V HIGH SCHOOL SWIMMING POOr. LIGHTING APPROVED / 'joq t t I Council received a communication from the Arcadia Beautiful Commission dated March 20 expressing appreciation to Council for the mini parks being developed at Fairview and Golden West Avenues and at Colorado Boulevard and the Freeway. FILED. The request of the City Refuse Service Company for an increase in rates was deferred until the next regular meeting on MOTION by Councilman Rage, seconded by Councilman Butterworth and carried unanimously. The new Council will then be in session. This matter was before Council on March 19 at which time staff was directed to prepare an updated cost estimate as well as cost distri- butions for installation and maintenance of the requested lighting system for the swimming pool at the Righ School. The new report indi- cated it would cost $25,000 to provide the necessary pool deck lighting. This would include engineering costs. At the time the pool was constructed the cost was shared with the School District, however, the District does not feel it can participate in this since evening use of the pool is not necessary for their curriculum. If they did use it occasionally they would pay the cost of power and maintenance for such use. Councilman Scott stated in part that he is thoroughly in accord and would wholeheartedly support the lighting but had concern that the City Council could find $25,000 for this or any other unplanned project. He suggested that because it is close to the time Council will be con- sidering the 1974-75 budget that this project could be included at that time. However, if it is determined to proceed he would like to go ahead so the pool could be used at night as soon as possible. The City Manager submitted that after adopting the Capital Improvement Projects Budget there are funds available and explored the sources therefor. Councilman Butterworth submitted that he was in favor of approving the request at this time stating in part that Council did not find it difficult to locate funds for the Community Redevelopment Project so finding funds for this project should not be a bother; that this program appeals to all people. c..,M. Councilmen Helms and Hage agr8-~ ond suggested that staff prepare plans and specifications, confer with the necessary consultants and formalize an agreemect with the District. The Director of Public Works advised that he would doubt the pool could be ready for night use this summer as receiving State approval takes time. Councilman Helms then MOVED to approve the project in principle because it has a substantial benefit 4-2-74 - 3 - CONTRACT AWARD - STREET IMPROVEMENTS (', (I&q VEHICLE FUEL SYSTEM , tQ"f , !pu {? (2, STORM DRAIN PROJECT 9635 STORAGE AREAS )', ! ,\ \ r //"l .';; I )- L \, ^ , j\f/ I' \ - , 20 :8513 to the public and that staff be instructed to proceed with the necessary technical work. Motion seconded by Councilman Scott and carried unani- mously, Councilman Butterworth expressed appreciation to Ben Smith for the time and effort he has put into this program. Council received the recommendation of the City Manager and the Director of Public Works concerning the following bids received for the improvement of Colorado Boulevard from Santa Anita to Fifth Avenue and for Second Avenue from Colorado Boulevard to Foothill Boulevard: J. B. Crosby Vernon Paving Su lly-Mi l1er Aman Bros. F. W. Richter Crowell & Larsen $286,614 296,486 299,548 307,765 308,831 336,161,30 I It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows that the recommendation of staff be accepted and that the contract be awarded to the low bidder, J. B. Crosby in the amount of $286,614; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and the Mayor and City Clerkbe authorized to execute the contract in form approved by the City Attorney, Also that $320,000 be appropriated from the State Gas Tax Funds to cover contract cost, engineering, inspection and contingencies. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Scott, Arth None None Council received a report and recommendation dated March 29 concerning purchase of kits, vehicle fuel tanks and lease of a storage tank which would be stored at the Corporation Yard. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows that $4500 be appropriated from the General Contingency Account for the purchase of 12 conversion kits, necessary vehicle fuel tanks and the lease of an 1,150 gallon storage tank. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Scott, Hage None None Council received the request of the General Engineering Contractor for the 1970 Storm Drain Bond Issue Project i635 for the use of specific locations as temporary dump sites and a construction yard site, Council I agreed to two locations for use as stock pile sites but did not agree to the use of the southwest corner of Santa Clara and First as a con- struction yard site. It was felt this site is inappropriate due to the completion of the new Towne Center building and two new restaurants. Other locations to be recommended to the contractor. It was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that the two locations to be used as dump sites be approved subject to all conditions in the report dated March 28, and that the site for a construction yard be disapproved. Dump sites approved: Northeast corner of Foothill and Santa Anita. Northwest corner of Huntington and Second. Construction yard site disapproved: Southwest corner of Santa Clara and First. ~uggested sites for the construction yard: South and north sides of Santa Clara east of Second. Also the east side of Second north of Huntington Drive.) 4-2-74 - 4 - AGENDA ITEM DEFERRED LAND ACQUISIT10N APPROVED / I MONUMENT REFACING ADVERTISE FOR BID WATER DEPT. PROJECTS (April 16) PARAMEDICl\ p r-r GIFT l)~ (j" , , !-I' :v PARKING LOT SALE WITHDRAWN I ".'.. ,>, , ' ,. 20:8514 On recommendation of the City Manager Council deferred consideration of the proposed Federal Uniform Transportation Assistance Act. Council received the recommendation of staff concerning acquisition of property at the southwest corner of Sixth and Longden Avenues for use as a park site. The appraisal price for three parcels is $51,500. It was MOVED by Councilman Helms, seconded by Councilman Scott and carried on roll call vote as follows that staff be authorized to enter into an option-to-purchase agreement with the owners of said property and that the agreement provide a time period of 60 days within which " Council would make the final decision for the acquisition of this vacant land. The option, if obtained, would be presented to Council for approval. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Scott, Arth None None / On recommendation of staff it was MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that plans and specifications be approved for the refacing of the existing masonry monuments located on Huntington Drive between Holly and Michillinda and that the City Clerk be AUTHORIZED to advertise for bids. Results to be presented to Counc i l. Council received recommendation concerning the employment of a con- sulting engineer for the design, plans and specifications for a 30 inch / water transmission main in Second Avenue from Bonita to Longden, design of a 24-inch water transmission main in Longden from Second to the Longden Plant and the design of a Central Telemetering Station at the 'Water Department Production Office. This matter had been discussed in the pre-Council meeting and it was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that the matter be considered at the April 16 meeting and that staff proceed along the lines previously expressed by Council. Council acknowledged with appreciation the gift from the Arcadia American Legion of $435.75 for the purchase of a gurney for the City ambulance. i'i'f Council received the request of V. M. Seropian, Goodyear Tire Center, for permission to hold a parking lot sale at 1414 S. Baldwin on April 3. The City Attorney advised that there is no provision for using areas designated for parking by the zoning ordinance for the retail sale of merchandise; that Council has no authority to alter the ordinances which have been enacted except by subsequent ordinances making the appropriate amendments. He noted this would also apply to sidewalk sales. He noted further in part that Council could adopt an emergency ordinance if.it were.found necessary for the peace, health and welfare of the community, however, in his opinion this would not apply to the subject request. Dave Paradis, Vice President of the local Chamber of Commerce, stated in part that a parking lot sale has been held before at the subject location and asked Council to consider issuing a temporary permit as a great deal of money has been spent on promotion and advertising by the applicant. He reminded Council that the West Arcadia Art Show is forthcoming. The applicant, Mr. Seropian, said he was under the impression from the former City Attorney that this type of request could be acted upon by the City Manager - the way it was done last year. Had he known of this possibility he would not have gone ahead with plans for the sale. He said merchants are in need of some guidance so they will know what to do. 4-2-74 - 5 - 20:8515 Councilman Helms suggested that the situation seems to cry out for some sort of discretion on the part of Council and it would appear to him that because there has been such a long standing policy of permitting this type of activity upon Council approval that perhaps what should be done is to maintain the present status and ask the City Attorney to give Council a written opinion. Councilman Butterworth stated in part that Council took an oath to uphold the law and the City Attorney is hired to interpret the law. He agreed that it would create a hardship on the applicant but he could see no other way but to deny the request and have the City Attorney prepare an amendment to the zoning ordinance to permit these sales under appropriate circumstances. Councilman Helms stated further in part that the ordinance has I been interpreted repeatedly by prior legal counsels and he is not certain that because the new City Attorney interprets it differently that Council has to accept that interpretation at this point in time. He would like to see it in writing and take time to study it - that to him the past can be a guide to the future. Councilman Butterworth disagreed and said in part that during his years on Council he could not recall a single instance when this particular ordinance had been interpreted by a City Attorney - the question never came up - it was just taken for granted that it could be done. He said he was satisfied with the interpretation and could see no al- ternative but to uphold the law and deny the request. Councilman Scott asked the City Attorney what would be the. appropriate action for the City Manager at this time. Councilman Butterworth said if the City Manager'did not enforce an ordinance of the City he would be subject to severe censor. Councilman Scott said he was not asking the City Manager not to enforce the law - just asking what he is supposed to do. Alternatives were explored with the City Attorney referring to a section in the zoning ordinance for C-l - regarding temporary storage of goods and merchandise. Councilman Helms said that it seems to be a matter of how storage is interpreted -- if sidewalk sales are considered storage of goods that is one interpretation - but there could be another ... storage could also mean keeping something for future use which isn't necessarily offering it for sale. Councilman Hage said he was in sympathy with the applicant, but he agreed with Councilman Butterworth based on the interpretation of the law by the City Attorney. Councilman Butterworth MOVED to deny the request. Mr. Seropian then withdrew his request and served notice that he would go ahead with the sale irrespective of the interpretation by the City Attorney. The motion became moot at this point. More discussion on the enforcement of the ordinance and Councilman Helms submitted in part that he thought I it untenable to expect the City Manager to enforce the ordinance against this one merchant and not against those in the past; that Council is not here to prosecute good stable businessmen for violating the law - when all he wants is to hold a yard sale ... that an avenue of relief is needed in this instance.. He still would like to have a written opinion. Councilman Butterworth questioned the adoption of an emergency ordinance every time someone comes in and threatens to violate the law - that this comes down to the fundamentals of what government is all about. He 4-2-74 - 6 - '.. '" . 20:8515-a said he recognized the hardship - the 'man fell into a trap not of his own making - that there is no other way but to pass an ordinance as soon as possible to permit sidewalk and parking lot sales - but that if each merchant goes ahead in violation of the law he should be prosecuted. I The City Attorney advised that he has already begun the preparation of such an ordinance. Councilman Scott suggested that if possible a copy of the proposed ordinance should be given to the Chamber of Commerce at the same time it is sent to Council. Councilman Helms commented to the City Attorney that Council has had experience in the last years in developing ordinances which directly affect the business community and that experience has indicated that Council is well advised to get the merchants' input before adopting the subject type of ordinance. Councilman Butterworth stated for the record "Mr. City Manager, you have been advised by a citizen here that he is going to violate the law tomorrow and I want the minutes to reflect that I believe in the uniform application of the law to all people alike. We have had a citizen here say something that I have never heard before ... that he is going to violate the law. The City Manager as executive officer of this Council has an obligation to enforce the law." He asked that these remarks be ascribed to him alone. Councilman Scott said he was not asking the City Manager not to enforce the law.. that he was not asking him to do anything.. He hoped the minutes would not infer that Councilman Butterworth's feeling is shared by all members of Council and suggested that Councilman Butterworth may be attempting to speak for the entire Council which he has no right to do. Councilman Butterworth said he was not attempting to speak for the entire Council.. only for himself. Councilman Helms called for a five minute recess. Mayor Arth seconded the motion and it was so ordered. RECESS ------ c.........u{;. ~ LU&l1 IIc;Lu~ troY/ED IV1- Cl :; \ul.L~~t\.c:ecss. Metieg iGrQqQen ann can iea. RECONVENE ,Council reconvened. / SEWER LATERAtlLS On MOTION by Councilman Hage, seconded by Councilman Butterworth and STREET RIW carried unanimously the communication dated March 27 from A. R. Coke, MAY 21 AGENDA Meeker Development Company, concerning responsibility for sewer laterals in the'street right-of-way was continued to May 21. I POSTER BRACKETS CHAMBER of COMMERCE On MOTION by Councilman Scott, seconded by Councilman Hage and carried unanimously the request of the Chamber of Commerce for permission to change the wording on the existing poster brackets from "Welcome to Arcadia" to "It's good business to do business with a member of the Arcadia Chamber of Commerce" was approved. 'v y p- (I' \ 4-2-74 - 6 a - 20:3516 AUDIENCE PARTlCI PATION: ORDINANCE NO, 1505 ADO// UTILITY TAX EXEMPTIONS PROPOSED vr RESOLUTION NO. 4417 ADOPTED f', , I y \\) ,- , ~ ,,-' I' / ,PROCEDURAL V ORDINANCE WAIVED RESOLUTION NO, 4416 ADOPTED ~ ~ II .... , I , I....' I I V Walt Landor, 1654 Rodeo Road, referred (0 the time reserved for those ~ in the audience (0 address Council and stated in part that the item should be returned to its former location on the agenda. He also discussed briefly the utility tax which he considered unnecessary. Mrs. Johanna Hofer, 875 Monte Verde Drive, read in full a communication addressed to concerned citizens relating to a school matter (letter on ~file in the office of the City Clerk.) During this presentation Councilman Scott objected to the reference to a school matter over which Council has no jurisdiction. Mayor Arth advised Mrs. Hofer to continue but to omir any reference to the schools, I The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1505 entitled: "AN ORDINANCE OF THE CIIY COUNCIL OF THE GITY OF ARCADIA AMENDlNG CERTAIN BUlLDING REGULATlONS SET FORTH IN ARTICLE VIlI OF THE ARCADIA MUNICIPAL CODE." 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. 1505 be WAlVED and that the same be ADOPTED, AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Scott, Arth None None Council received a draft of a proposed ordinance to establish certain exemptions to the utility users' tax. Discussion ensued and changes explored 0 Whereupon Councilman Helms MOVED that t.he City Attorney proceed with a draft of the final ordinance along the lines indicated. Motion seconded by Councilman Scott and carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No. 4417, entitled: "A RESOLUTION OF THE CITY COUNCIL OF T.HE CITY OF ARCADIA CONSENTING TO AN AMENDMENT OF THE SAN GABRIEL VALLEY MUNICIPAL DATA SYSTEM JOINT POWERS AGREEMENT." 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 Butterworth, Hage, Helms, Scott, Arth None None In order to consider the following the provisions of the Procedural Ordinance were waived on MOTION by Councilman Helms, seconded by Councilman Scott and carried unanimously. I , 1\,/..:.- The City Attotney presented, explained the content and read the title of Resolution No. 4416, entit"led: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AI~HORIZING WILLIAM D. WOLLARD, PLANNING DIRECTOR, TO SIGN CLAIM FORMS FOR BIKEWAY DEVELOPMENT MONIES," It was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that. (he reading of the full body of the resolut.ion be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Hage, Helms, Scott, Atth None None 4-2-74 . 7 - PROCLAMAT1ON ADOPTED -/ C R A AUDIT AUTHORIZED ~ - 301 I SISTER CITY N~P EXECUTIVE SESSION RECONVENE AND ADJOURNMENT I 20:8517 Councilman Butterworth MOVED to proclaim April 1974 as Fair Month and that a Proclamation be so executed by the Mayor. seconded by Councilman Helms and carried unanimously. Housing Motion Councilman Butterworth MOVED to have the independent auditors undertake an audit of the Community Redevelopment Agency at the same time as other city funds are audited. Motion seconded by Councilman Hage and carried unanimously. The City Attorney will prepare a resolution designating the Sister City Commission entourage to Europe and Spain as Ambassadors of Good Will from the City of Arcadia. Appropriate credentials for the Mayor will be explored. He will also see if something could be included in this resolution relating to tax exemption for this type of endeavor. At 11:15 p.m. Council entered an executive session with the City Attorney. At 11:30 p.m. Council reconvened and adjourned immediately thereafter to 7 p.m. April 16 in the Conference Room. ~~~~/~~ Mayor ATTEST: ~& ~CM ~~ City Clerk 4-2-74 - 8 -