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HomeMy WebLinkAboutJANUARY 7,1975 (3) 1 ADJOURNMENT I MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING JANUARY 7, 1975 21 :8688 The City Council of the City of Arcadia, California, met in adjourned regular session on January 7, 1975 at 7 p.m. in the Arcadia City Hall Conference Room. The City Manager and Council explored all items listed on the agenda for the regular meeting to be held this date. At 7:30 p.m., the meeting adjourned SINE DIE. ~~( Christine Van Maanen City Clerk 21:8689 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING TRACT NO. 31826 DENIED 113&0 IN FAVOR I IN OPPOSITION MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR,MEETING JANUARY 7, 1975 The City Council of the City of Arcadia, california, met in regular session on Tuesday, January 7, 1975 at 7:30 p.m. in the Council Chamber of the Arcadia, City Hall Rev. Margaret Stevens,' Santa Anita 'Church Mayor Alton' E.' Scott PRESENT: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None On MOTION by Councilman Gilb, seconded by Councilman Helms and carried unanimously the minutes of the regular meeting of December 17, 1974 were APPROVED, On MOTION by Councilman Helms, seconded by Councilwoman Lauber and carried unan,mously the minutes of the adjourned regular meeting of December 23, 1974 were APPROVED. This hearing was continued from December 17 to permit staff time to submit additional information. , Council received the requested reports with one tram the Fire Department indicating the cul de sac appears to have an adequate radius for the turn around. This subdivision is proposed for 232-250 LeRoy and 227-253 Naomi Avenues. The Planning Commission recommended approval. The tract wouLd contain 16 lots which meet or exceed the requirements. Reference was made to a lot split which records indicate was made without giving thought to the legal procedure. Mayor Scott declared the hearing open and the following persons spoke: Al Coke, representing the Meeker Development Company, submitted that the concerns of Council had apparently been answered in the staff reports and in response to an inquiry stated in part that there is to be a monetary consideration between the developer and the realtor involved in the transaction for the sale of 238, LeRoy - specifically the rear portion of this property. A document has not been recorded signifying the designation of a separation of the two lots between the two owners. He said he saw noth,ng wrong with that premise provided the owners have an agreement between themselves as to what is transpiring with the property. The developer wouLd have no interest with the front portion of this lot - only the rear which is to become a part of the tract. He read a communication from the realtor to the title company concerning a signed notarized unrecorded deed to this rear 130 feet, indicating that same would be forwarded to the title company at the time the Title Company is in a pOSition to record. David Schaeffer, 240 LeRoy, spoke ,n favor and referred to the petition therefor. He felt Council has received the data it had requested and asked for approval. Andrew Costello, 271 LeRoy, felt the City is overbuilding and that from what has transpired thus far there are sufficient problems to deny the subdivision. 1-7 -7 5 - 1 - 21:8690 John Shepherd, 261 LeRoy, was concerned for the safety of the children in the area --- there are three schools close by - the traffic would increase. He felt the subject deep properties could be readily sold and asked for denial. Phelps W. Wood, 300 LeRoy, referred to other'unapproved lot splits in the area and felt it would not be too long before developers would want to acquire some of his property. He felt the street would be too narrow without any provision for setbacks. He asked for denial. During this presentation he was advised that the Fire Department had reported that the radius is sufficient. The Planning Director explained that the paved area of the street would be 36 feet and the radius of the cui de sac would be 38 feet. The homes would all be constructed with 25 foot tront setbacks - which means 32 feet from the face of the curb of the new street. The new street would be the same paved width that most other streets have. I Dave Thompson, 232 LeRoy, asked Council to consider the increased traffic which would come to LeRoy.. and referred to the crossing used by students at the corner of LeRoy and El Monte. He indicated that only one owner on LeRoy is in favor of the tract. He suggested that if a subdivision must be created that it be made to flow into Naomi. He said the addresses of those in opposition are 232, 238, 250 is to be demolished and 260 - 240 is in favor. He felt the approval of this tract would encourage future lot options between owners and aevelopers which could lead to landlocked parcels and asked for denial. Mrs. Johanna Hofer, 875 Monte Verde Drive, asked for consideration for the safety ot the children in the area. R. W. Maloney, 260 LeRoy, felt he has been treated unfairly and asked for disapproval of the tract. He asked for consideration for the safety of the children going co the three schools. G. K. Gillespie, 251 LeRoy, (across the street) hoped the tract would not be approved as they had moved from one residence with a similar situation. In response to a request the City Attorney submitted his analysis of the implication of illegal lot splits pursuant to the Arcadia Municipal Code Sections 9121.1 and 9121.2 relating to the applicable prohibition against the division of a lot. His report reflected that investigation revealed only one such illegal lot split (1971) in which the original owner retained the rear portion but is no longer active in the area. He continued in part that while the City should not condone the practice of developers obtaining landlocked parcels through illegal lot splits in order to acquire a sufficient area to justify a subdivision, it should not penalize the innocent owners of property who desire to sub- diVide in accordance with appropriate regulations merely because one of their number had attempted to create an illegal lot. (Report dated December 20, 1974.) Bonnie Shepherd, 261 LeRoy, felt that the residents move into the 1 large properties by choice rather than living in densely populated areas. She also mentioned the number of children residing on the street and asked for denial. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Gilb and carried unanimously. Councilman Helms spoke at length regarding the manner in which the deeds involved in the illegal lot split were handled; that if a survey were taken in the Baldwin-Stocker area it would probably reveal about 20 to 30 percent of the lots were illegally split at one time or another. He felt Council should not condone this and it probably occurred because the City did not obtain the information in time.. that escrows have been opened prior to the time the City received the data concerning a recorded deed. It appears to him to be a designed planned program to cloud the matter when it does appear before Council. He would like to pursue it further with the principals. 1-7-75 - 2 - 21:8691 Councilwoman Lauber stated in part that it is probably true about the division of property in the past - that she had seen it during her tenure on the Planning Commission. However the subject tract does meet requirements; it was approved unanimously by the Commission. She felt Council should not deny this in view of all the other tracts which were put together in the same manner. She noted that all the property owners on Naomi are in' favor. I Councilman Saelid spoke to the unrecorded lot split (rear of 238 LeRoy) which could not be legally recorded as the realtor did not want to violate the law. He said he had visited the property and was informed that the owners of the front parcel desired to acquire the rear portion if the subdivision did not become a reality. In answer to a question he said the matter of an illegal lot split did not come up at the Planning Commission level. John Camphouse, 238 LeRoy addressed himself to questions propounded by Council stating in part that he purchased the property with the realization that the development was a possibility. He would prefer it not to go through. However, at the time he purchased the property it was understood that the developer would be able to have the rear 130 feet, if not, he (Mr. Camphouse) would then have the opportunity to acquire this parcel. He said there was a monetary consideration in his transaction although the Grant Deed does not reflect documentary transfer stamps. This he had requested and the stamps were placed on a separate document which was recorded. He understood that the deed to the rear portion was not going to be recorded until and unless the subdivision were approved. With reference to the unanimous approval by the Planning Commission Councilman Helms stated in part that the Commission is concerned with technicalities, i. e., whether or not a tract meets code requirements, whereas Council has to consider the effect on the entire community. That to deny the tract due to the illegal lot split would not be penalizing the owners of the property as they have all but one ex- pressed opposition. That with respect to future lot splits Council should now make a decision and acquaint the people of the community with the laws - that if Council did not take some action in this regard it could expect a proliferation of this type of activity. It was MOVED by Councilman Helms, seconded by Councilman Saelid that the subdivision be DISAPPROVED due to the illegal lot splits. Councilman Gilb expressed concern for those property owners who would be penalized and who desired to dispose of a portion of their lots due to the economy and maintenance of the deep lots. I The City Attorney explained that one possible way to rectify the situation would be to transfer both parcels into a common ownership and alleviate the lot split problems. The tract could then come before Council once more. In casting her 'no' vote Councilwoman Lauber stated for the record that it is because she feels this would be discriminating against this one subdivision - that she knows of dozens of others which have been before Council in the past with the same situation; that if a hard line is going to be drawn everyone should be put on notice and have it firmly understood that this will be one of the criteria from this time forward. In casting his 'aye' vote Councilman Saelid stated that he had not done so strictly on the basis of the ille~al lot s~iit. He felt residents should think very carefully as to whether or not they wanted to retain the deep lots - that when a subdivision is proposed wh,ch meets all code require- ments Council really has no choice other than to approve it except in situations which have occurred in the subject instance. 1-7-75 - 3 - HEARING Street Vacation (Indiana) 3- )~51 21: 13692 Councilman Gilb commented that as far as the deep lots are concerned, economically, property owners are running into a situation where many cannot afford to maintain them, pay the taxes, etc... he felt those property owners deserve 'consideration also. Mayor Scott submitted in part that it is difficult for Council to deny a subdivision when it is adequately and properly planned according to code requirements but expressed concern as to the position Council would be in if it should approve a tract with the knowledge of an illegal lot split therein. However, if the subject tract were brought back without these problems he thought he would probably have to look favorably upon it. altho how does one know how he is going to vote say six months hence. Roll call was then taken on the Motion to deny. I AYES: NOES: ABSENT: Council Members Helms, Saelid, Scott Council Members Lauber, Gilb None This hearing was scheduled pursuant to the provisions of Resolution No. 4471 declaring intention to vacate a portion of Indiana Street as described therein. It was noted in the document that this property is no longer needed for public use. No objections had been received from the Utility Companies, the Flood Control District or the Santa Fe Railroad, however, easements will be reserved for all purposes necessary to properly maintain facilities. An Environmental Impact Report was submitted to Council. Mayor Scott declared the hearing open and Mrs. Johanna Hofer, 875 Monte Verde Drive, felt Indiana Street is used and referred to its connection with CRA. She suggested CRA funds be used for a municipal auditorium. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Helms and carried unanimously. Councilman Helms then MOVED that Council determine this project will not have an adverse effect on the environment and that the subject portion of Indiana is no longer necessary for public street purposes (Legal description below). Said property would not include approxi- mately 6 feet of the northeasterly side due to the fact there is a legal encroachment on the pre-existing portion by the Santa Fe Railroad for a retaining wall. The City Attorney was directed to prepare the appropriate resolution. Motion seconded by Councilman Gilb. LEGAL, DESCRIPTION: Beginning at the intersection of the southwesterly line of said Indiana Street and a line that is parallel with and distant easterly 40 feet from the centerline of First Avenue as shown on the map of said tract, thence southeasterly along said southwesterly line to a line that is parallel with and distant northerly 50 feet from the center line I of Huntington Drive (shown as Falling Leaf on said map); thence easterly along last said parallel line to the northeasterly line of said Indiana Street; thence northwesterly along said northeasterly line to first mentioned parallel line; thence southerly along last said line to the point of beginning. Councilman Saelid commented that Council is aware of his views concerning eRA, however, in this instance, regardless of whether or not there was a CRA, it would encourage develo~ment in the area and that he feels it is a proper action. Roll call was then taken on the MOTION. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None 1-7-75 - 4 - TRACT NO. 31634 HEARING SCH7D t"oo~, AGE REDUCED FIRE DEPT. l t', 8-JJ- AFFIRMATIVE ACTION PLAN IN EMPLOYMENT I R...-AAP 21 :8693 A time extension on conditional use permit 72-16 had been granted to January 3, 1975. The tentative map, of Tract No. 31634 was also before Council. Property in question is located at 343 W. Colorado Boulevard. Council received staff reports.. Due to the additional requirements as submitted Council expressed a desire to hold a public hearing with notification to all property owners and the adjacent area. It was MOVED by Councilman'Helms; seconded 'by Councilman Saelia and carried on roll call vote as 'follows 'that the conditional' use permit be exterided, fa 'February 4; that a ~ublic hearing'be scheduled for said date for the conditional use permit and the tentative map of Tract No. 31634. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None On MOTION by Councilman Gilb, seconded by Councilwoman Lauber and carried unanimously the recommendation of the Personnel Board was, APPROVED whereby the minimum age for appointment to the position of Fireman will be reduced from 21 to 18 years. It was pointed out that the Fire Chief explained reasons before the Personnel Board which considered the matter in depth. It was MOVED by Councilman Gilb, seconded by Councilwoman Lauber ard 'carried unanimously that tpe,Affiimative Action Plan'in Employment, be, APPROVED. It was noted that changes may be made at a later date. It was MOVED by Councilman Helms, seconded by Councilman Gilb and carried unanimously that the Plan be referred back to the Personnel Board for further review. This Plan is required in requesting use of Federal Highway Funds. PERSONNEL On MOTION by Councilman Gilb, seconded by Councilwoman Lauber and carried SECRETARY unanimously the class specifications for the position of Secretary were I ~ 'cl-!--- changed to reduce the shorthand speed from 110 woros per minute to toO ", J, ,~'words per minute and to allow applicants to be considered on the basis 0Jl}jJJ1...(',,'~!J1o<of a combination of their education and experience rather than absolute minimums in their education or experience. This was recommended for approval by the Personnel Board. The building at 53 E. Huntington Drive has been vacant for some time but has recently been purchased and is proposed for remodeling. In order to provide an exit to comply with Fire Codes a stairway leading f::>J} J (\ from the second door to ground is proposed to be constructed by ~ .f~bridging over and descending to the public walkway. Carl Gaede, 1 architect for the remodeling, explained what is planned. The Parking Place Commission recommends approval with conditions as set forth in the communication dated January 3, 1975. Council considered the period of encroachment and it was determined that the permit be for 25 years. Whereupon it was MOVED by Councilwoman Lauber, seconded by Councilman Gilb and carried on roll call vote as follows that the permit be granted as requested and that the agreement'indicate a period of 25 years for the encroachment. PUBLIC WALKWAY ENCROACHMENT p: 1 RECESS AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Mayor Scott called a recess in order for Council to consider items as the Community Redevelopment Agency. AUDIENCE PARTICIPATION Mrs. Johanna Hofer, 875 Monte Verde Drive, referred to a recent meeting on Capital Projects and expressed disappointment that so few citizens 1-7-75 - 5 - WESTERNER (DANCE PERMIT) extended to July 15 j- , evdvLu.-L- :P,) "'-'.L.f:-- \y...\,L-~ 21 :8694 attended. She referred to the action of Council in reducing the age of firemen from 21 to 18, particularly as it relates to paramedics. Also to the reduction in the skill of a Secretary;and to the expenditure and procedure involved in the establishment of a street and then its subsequent vacation, namely Dearborn Street as listed on the agenda. Councilman Gilb commented that there are 17 year old paramedics in the Marine Corp. Councilwoman Lauber stated for the record that Dearborn Street does not exist and the report indicated that it is in the Chicago Park area and is in name only. Sherry Passmore, 1109 Columbia Road, suggested that the City develop some type of contract and length of time it will loan money to CRA; that there is no benefit to the taxpayer from the tax increment until I debts are paid back; that under the present agreement the Agency does not have to pay back a'loan to the City unless and until it has the funds so to do. 'She was advised that Council and the Agency will have to determtne when a loan has to'be paid back. Herbert Fletcher, 175 W. Lemon Avenue, referred to the general economic situation and asked Council to consider delaying some of the projects itemized in the Capital Projects Program. The City Manager reported on the findings as requested by Council on the parking situation at the Westerner Restaurant. The Chief of Police reported that the barricading of San Juan at Santa Rosa did not seem to deter vehicles from reentering at other locations, parking and walking to the restaurant. The temporary closure was from 10 p.m. to 2 a.m. Friday and Saturday evenings with security guards present. 'Discussion ensued on solutions and it was the consensus that the dance permit be renewed for a specific period; during the interim these solutions be fully explored. Whereupon it was MOVED by Councilman Gilb, seconded by Councilman Helms that the dance permit be renewed to JULY 15, 1975. Marty Yurich, owner-operator of the restaurant, explained efforts to obtain additional parking space and his willingness to continue the security guard contr'ol of traffic until a solution has been determined. Brian Rowe, 143 Santa Cruz, recited his efforts to enter his driveway recently and d~not feel any improvement has been experienced thus far. Mary McMath, 200 Santa Rosa Rd., suggested 'no parking signs' during specific hours, i. e., 10 p.m. to 2 a.m. She felt the situation has not improved. An amendment to the Motion was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that a security guard be required on the premises to assist in traffic control during all hours there is dancing at the restaurant. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None 1 Mayor Scott commented that he voted 'aye' but believes it is an in~ustice to the applicant because this is not required of other restaurants where dance permits have been issued. Roll call was then taken on the primary Motion to extend the dance permit to July 15 which would include the requirement for a security guard on the premises to assist in traffic control during all hours there is dancing at the subject location. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Councilman Helms further MOVED that staff continue its study of the 1-7 -7 5 .. - 6 - CONTRACT AWARD Landscape Maintenance I 3-~JC CONTRACT AWARD Water Main Trench :3- : 1~2- . ITREET~ ACATION (Dearborn) Hearing to be scheduled MEDIAN CLOSURE Huntington Drive ACCEPTED -:1-1 d- ~7-J . ~" . 0' 21 :8695 parking problem and subinit a further report to Council by the February 4th meeting. Motion seconded by Mayor Scott and carried on roll call vote as follows: AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Council received the bid results as follows and staff recommendation concerning beautification of landscaped areas. (for 1 year Environmental Care, Inc. Turf Management, Inc. Duke's Landscape Service contract) $71,500 76,980 90,960 It was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that the contract for one year service be awarded to the Environmental Care, Inc., in the amount of. $71,500; that the sum of $450 be approprlated from the General Contingency Fund to pay the projected budget deficit; that any irregularities or informalities in the bids or bidding process be waived and tnat the Mayor and City Clerk be AUTHORIZED to execute the contract in form approved by the City Attorney. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Council received the bid results and staff recommendation for award concerning the resurfacing of a water main trench on Santa Anita from Woodland Lane to Orange Grove. Larsen Construction Alta-Glendora Crowell & Larson Bechtel Paving Kirkland Paving $2,650 4,800 6,965 7,300 8,400 'It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the contract be awarded to Larsen Construction in the amount of $2,650; that any irregularities or informalities 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. Funds are budgeted. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Council received a petition from property owners requesting the vacation of Dearborn Street between Peck Road and Myrtle Avenue. Staff indicated the street is unnecessary and economically impossible for present or future public purposes. Whereupon it was MOVED by Councilman Helms, seconded by Councilman Gilb and carried unanimously that the request be granted and that the City Attorney prepare the appropriate resolution of intention setting forth the date for a public hearing. Council had approved the design concept of barriers for Huntington Drive and one of the conditions of approval was that the proposed system would be ready for use prior to the opening of the race meet. The work has been completed at a cost of $23,187.68 not including the fee of the architect which has all ,been paid by Santa Anita Associates. It was MOVED by Councilman Gilb, seconded by Councilman Helms and carried unanimously that the improvements be accepted and that the City assume the ongoing maintenance of the plant materials. 1-7-75 - 7 - LAS TUNAS IMPROVEMENT JOB 434 Median deleted q- /3%A LIBRARY CARPET REPLACEMENT Authorized 9-4-7 ~, ADJOURNMENT 11:10 p.m. ,21:8696 Council received a petition signed by businessmen in the area of Las Tunas Drive between El Monte and Live Oak asking for the deletion of the proposed median divider strip and concrete paving. Reasons for said request were set forth in the petition. Al Little, representing the businessmen of said area, elaborated on the request and stated in part that there would be a loss of business and mentioned the length of time it wouLd take to complete the median and that patrons are hesitant to go out of their way to reach a specific business and asked Council to grant the request. Councilman Helms spoke to th~ submitting that in his opinion the street is safer now than it would/i~ the divider were constructed; that it would really be more of a detriment to the businesses than it would be a benefit to the City. Discussion ensued on this and the type of lighting needed for the area. The Director of Public Works explained what LS contemplated. Whereupon it was MOVED by Councilman Helms, seconded by Councilman Gilb and carried on roll call vote that the median construction and concrete paving be DELETED and that staff continue to explore the feasibility of lighting improvement. and the resurfacing of the roadway. 1 AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None Upon recommendation of staff it was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that carpeting tor the rear entry and work areas of the Library be replaced; that the material be purchased from the Stevens Floor Covering Company in the amount of $968 which includes the removal of the old carpet, sanding and smoothing the tloor and replacement with Ozite Carpeting with regular backing, cement the carpet to the floor and furnish and install new topset base. With an appropriation of $968 from the General Contingency Account. AYES: NOES: ABSENT: Council Members Gilb, Helms, Lauber, Saelid, Scott None None It was MOVED by Councilman Helms, seconded by Mayor Scott and carried unanimously that staff be AUTHORIZED to notify Los Angeles County and HUD (Department of Housing and Urban Development) that the City does not at this time propose,to be a part of the county program for community redevelopment. Councilman Gilb was informed as to what the State will do with relation to the signing of Baldwin Avenue at the 210 Freeway offramp; that the Director uf Public Works will submit a report on this and also what is contemplated for the traffic situation at Holly and Norman Avenues. Councilman Saelid was informed that the Police Chief is currently working on solutions for the traffic problem on Holly Avenue. 1 The City Attorney advised he will soon move into the City. It was MOVED by Councilman Helms, seconded by Councilman Saelid and carried unanimously that the meeting ADJOURN to January 21, 1975 at 7 p.m. in the Conference Room. G~~' ~ Mayor ATTEST: a~;b4(j~ ~ City Clerk 1-7 -7 5 - 8 -