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HomeMy WebLinkAboutAUGUST 18,1970 I I CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL , HEARING (High School) CONTINUED TO AUGUST 26 .~-:/?Jt I' I' L1:7696 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST L8, L970 The City CounciL of the City of Arcadia, CaLifornia, met in reguLar session in the Council Chamber of the Arcadia City Hall on August 18, 1970, at 7:30 P.M. Fred M. Barner, Jr., First Church of Christ, Scientist Mayor Edward L. Butterworth PRESENT: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None On MOTION by Councilman Arth, seconded by Councilman Helms and carried unanimously, the minutes of the regular meeting of August 4, 1970, were APPROVED. Councilman Considine abstained from voting as he was absent from said meeting. An appeal was filed from the decision of the Planning Commission in granting a conditional use permit for a Christian High School at 501 North Santa Anita Avenue subject to conditions outlined in Resolution No.706.. The appeal was petitioned by property owners and tenants within a 300 ft. radius of the subject property and others opposed to the high school in the subject location. In their letter of appeal it was stated in part that it was felt the parking was inadequate, the ground space for student recreation was inadequate and the facilities could not accommodate the anticipated expansion from 125 to 250 students. Mayor Butterworth asked for and received a show of hands of those in the audience who were either in favor of or opposed to the high school at the northwest corner of Colorado Boulevard and North Santa Anita Avenue. The Planning Director detailed on projecturals the existing and surrounding improvements. There is presently a vacant church building on the approxi- mately one acre of land which is zoned R-3. The applicant proposes to conduct a private high school with a student body of not more than 125 students with a staff of 10 with a hope to expand at a later date but not in the existing facility. The Planning Director explored the number of accidents occurring at the intersection during the last eleven years and stated that the site is adjacent to residential and multiple uses; that there is not sufficient room for outdoor athletic activities. He indicated the existing parking spaces which would be adequate for the enrolLment presentLy anticipated. He recommended that a waLL be permitted to be constructed on city Land to screen the parking area from the apartment buiLdings and noted that the Commission recommended approvaL of the condi- tional use permit for a period of one year and then enumerated the condition of approvaL as set forth in the resoLution. Mayor Butterworth declared the hearing open and the appLicant, PauL DisseLk. introduced the PrincipaL of the Maranatha High SchooL, Mr. Green, who stated in part that an option to purchase had been entered into with the owners of the subject property. He said he understood the position of the adjacent property owners as to the traffic generated in the area and the recreation facilities. He said that similar problems were resolved after the schuol began its operations in the City of Rosemead, which facility is beIng moved to this area. He said that 110 students are enrolled at the presellt time with seven fuLL and seven part time teachers, none of whom wuuLd be at the 8-18-70 - L - Lf: 7697 school at one time. The school hours are from 8:30 AM until 3:30 PM Monday through Friday. That there are 30 seniors, Ll of whom wouLd be driving their own cars and out of L7 juniors four would be driving their own cars. That there are car pools with parents driving and estimated no more than 30 to 35 cars would be parked there on any singLe day. That events at which more cars would be parked are heLd only about six times a year. He feLt that parking should be the least of the worries of those concerned with the schooL. Mr. Green continued that any recreation program would be carried out I at County Parks and was in possession of a letter from the County Parks and Recreation Department to that effect. He noted that students could use the City parks aLso for athLetic activities. That the school has aLways used pubLic faciLities for recreation, but expLained that they wouLd not be used for football or basketball and expressed wilLingness to remove the existing basketbalL backboard currently erected on the premises. No eating or leaving rubbish on adjacent lawns could occur because the school has a closed campus ruLe and students eat in the dining room. He stated that aLl students are screened and that christian schooL organizations are growing rapidly throughout the country and if permitted to move to the City it would enter the community endeavors; that it would be a good neighbor and feLt that the fears of the property owners and tenants would prove unfounded if given an opportunity. Dick Norris, one of the Board of Directors of the School, noted that he couLd have invited parents and aLumni to attend this meeting; but that Mr. Green had presented the situation quite weLl; that in order to accommodate more students than are to be enrolLed at the subject Location the schooL wouLd have to acquire Larger space; that they are working on obtaining a larger parceL of property consisting of several acres, but they are not in a position to reveal any details at the present time. David Fisher, Vice Principal, commented that the students work very hard to remain in the school inasmuch as there is a merit system and leaving campus wouLd constitute a de-merit and felt confident the students would not vioLate the ruLe of not leaving campus during the Lunch time. THOSE SPEAKING AGAINST...IN PART. \, Don Westlund, property owner of L8 and 21 W. Newman Avenue, stated in part that he represented property owners and tenants who signed the petition (on fiLe in the office of the City CLerk); that there was no opposition to the school per se but that the site is not adequate for the intended activity; that it did not seem feasibLe or good pLanning to place a fast growing institution at the subject Location. He expLored the reasons for petitioning Council to disaLlow the faciLity I as set forth in the communication dated July 30. The primary concern being the traffic situation, which at present is extremely hazardous for those aLready residing there due to the off-ramp of the FoothiLL Freeway. Reference was made to a report of the Planning Department concerning the parking requirement, the possibility of increased parking on the public street wh~ch would reduce the parking spaces available to tenants and their guests in the area of Santa Anita Avenue, Newman, Windsor and Cornell Drive. He stated in part that property values. would be affected as would the rentabiLity of the apartments to desirabLe tenants. In response to a question he stated that when the church was Located at the subject site it only heLd services on Sunday which did not conflict as persons were not going to work that day. Discussion heLd on the possibility of altering the traffic pattern. 8-18-70 - 2 - i' - ~7~8 Walt Barker, 520 Cornell Drive, stated in part that the site is not adequate for the intended purpose; that the improvements take up aLmost 75 percent of the property and the only recreation space would be the front Lawn; that in his opinion the property values and apartment rentabiLity wouLd be damaged. , I Duane Weimer, 534 CorneLl Drive, asked that Council reverse the decision of the Commission for the safety of the residents in the area. He summarizec a discuSsion he had with a staff member of the engineer's office concerning the traffic hazard as it now exists on Newman, Windsor and CornelL Drive - aLl dead-end streets; that there are no 'Not a through street' signs to alert drivers who attempt to short cut from Santa Anita Avenue to Colorado Boulevard in the subject area. He asked that no action be taken untiL a full traffic study has been made as to what might occur during an extreme emergency necessitating the assistance of the fire, police or ambulance service. Richard SchaLLer, 606 CorneLL Drive, stated in part that his main concern is for the approximately 35 children already Living in the subject area - they are picked up by a school bus each morning at the corner of Newman and Santa Anita Avenues amidst traffic already hazardous. Ogden NeeLy , 531 Wimsor Road, explored the difficult time encountered by perSOns endeavoring to exit onto Santa Anita Avenue due to the fast moving traffic. Marian Reese, 915 N. Santa Anita Avenue, spoke on behalf of a group of residents between the Freeway and north to Foothill Boulevard, on east and west Floral Avenue and West Forest Avenue. She outLined the existing traffic bottleneck and its hazards to those living in the area and submitted that the existence of a facility requiring more traffic wouLd only add to the situation. In referring to the non existence of a 'No right turn' sign at the southwest corner of Foothill Boulevard and Santa Anita Avenue it was noted that staff wiLl once again request the State Division of Highways to erect such a sign. Don Betsinger, 12 Yorkshire Drive, owner of 5LO-5L4 N. Santa Anita Avenue, questioned the adequacy of the size of the present facility to accommodate so many students and was assured by Council that should the schooL desire to increase its enrolLment it would have to return to Council for consideration. George Gilbert, 525 Windsor Road, felt that a school should not be permitted inasmuch as the subject area is all R-3 and shouLd so remain; that the former church was acceptable but evidently the proposed high school is not in view of the protests. I Harold Westlund, L8 W. Newman Avenue, spoke on behalf of the retired residents in the subject area and expressed fear that the high school would destroy property values and the peace and quiet of the neighbor- hood. Constance Weimer, 534 Cornell Drive, expressed concern for the safety of residents and students. She stated in part that she had visITed the facility in Rosemead and noted a school bus and questioned the practicaLity of busing students to other locations for physical education activities and spoke of how difficuLt it would be to maneuver a bus in the dead-end street area and felt the traffic situation would only be compounded with the increased number of cars and concluded by stating that the site was inadequate in her opinion for the proposed use as far as the welfare of the students was concerned. Jean Fuches, 5L9 Windsor Road, asked that consideration be given to regulating the traffic signals on Santa Anita Avenue especially during the early morning hours when persons are going to work and during the racing Season. 8-L8-70 - 3 - ~ , Lf: 7698-it Georgia Hampton, 532 CorneLL Drive,questioned the use of CoLorado Boulevard entrance to the church property and expLored the difficulty of entering the boulevard from that driveway. F~ank Cann, 923 North Santa Anita, stated in part that he was not in agreement with the present traffic flow or pattern; that there is too much traffic on Santa Anita Avenue at the present time. MX. Green, Principal of the High SchooL, answered some of the questions thusLy; that the schooL does have a bus but does not bus students and could not see why students could not use Santa Anita Avenue - it is a I public street - that the approximateLy 28 cars could not possibLy add to , the existing traffic probLem. He reiterated that students wouLd not Lounge or eat on the adjacent lawns as the dining area wouLd be used for that purpose; that there wouLd be no cooking on the premises aLthough it has the accommodations and that if CounciL desired it could limit the number of.students who wouLd be permitted to drive cars to school and it could also require the removal of the basketball backguard. Don WestLund, addressed CounciL again stating in part that some of the things brought up at this meeting were not mentioned in the application o~ report and questioned the schooL Locating at the subject site in the ftrst place when it Looks to the day for an expansion to some 250 students which number the present property could not accommodate; that if it were permitted the entire city would suffer because the surrounding improvements wouLd depreciate in value. ,/}/. /U iZ'f.?,. ;' I -'I t./' .-.'::. No one eLse desiring to be heard, the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously. Councilman Hage submitted that from the evidence given most of the objections propounded by the residents and tenants can be policed by the school authorities, i. €., loitering, littering, and eating on the lawn areas and noted there will be no recreational activities on the site, therefore, it appears the main objections are the flow of traffic and increased parking and suggested staff be instructed to p~epare a study in that regard. CounciLman Considine agreed and added in part that a change in the t~affic pattern wiLl take pLace when the freeway makes its next extension sometime in the Spring of 1971; that it wiLl stiLl be heavy but not as heavy as it' is now. He also concurred that a traffic study is needed. Councilman Arth stated in part that the schooL organization is one he would weLcome into the community, but agreed that there is aLready a serious traffic probLem in the subject area. He questioned the size of the property to accommodate a growing facility. In answer to question as to what effect a delay wouLd have on schooL operations, Mr. Green noted that orientation takes pLace September 11 and school opens September L4. I Councilman HeLms stated in part that the facilities do not appear 'to be situated or adequate to conveniently and safeLy accommodate the type of activity contemplated; that he wouLd not want to make a final decision untiL some further studies had been conducted by experts in the traffic department. It was then MOVED by CounciLman Hage, seconded by CounciLman Helms and carried unanimousLy that the matter be continued to August 26 at 7:30 P.M., and that the City Manager be instructed to conduct forthwith a study of parking and traffic. L8: 7 691, - 4 - , .~. I I If:7698-b HEARING The PLanning Commission by Resolution No. 703 recommended certain (Planned changes in the zoning and subdivision ordinances relating to 'Planned Unit Unit Developments which would permit residential development of a site Development) of not less than three acres without regard to the present minimum I lot sizes and yard requirements - density would remain the same as ;,[ . under existing ordinances. A conditional use permit would be required , /- '0""1' . .' 'and would not become operative until compLete final plans for the &1 constructio~ a~d instailation of all improvements required were approved. The Planning Director displayed and expLained various design concepts indicating built-in privacy which could be obtained by living around a commons with homes isolated from the street. How this differs from the normal subdivision was discussed and it was pointed out that street asphalt areas woqLd be repLaced with greenery' ~nd parks, and that any legaL problems reLating to rights and responsibilities when sharing a parcel of land could be controLled by city laws and developer contracts. Mayor Butterworth decLared the hearing open and H. H. Goddard, 1010 South BaLdwin Avenue, was informed that the resoLution being considered is the same as was discussed on July 22; tha~ no changes have been made as yet, although when the City Attorney redrafts the ordinance provision wilL be"made for deveLopment of hiPside properties under the new regulations and provision for the ultima~e' decision to be in the hands of the City CounciL. In answer to Mr. Goddard's query as to why a conditional use permit is to be required, Mayor Butterworth explained that this is an entirely new concept and Council desires to have adequate control at Least until it has more experience in the area. Mr. Goddard referred to and enumerated procedures and requirements which 'a' Local subdivider feels are not workable. The Planning Director explained .the intent and. desire of the Commission in conditioning the ~~solution in this manner; that it wished to ensure that the littLe rematning vacant land in the city is developed to its very highest standard; that the conditional use permit and the preLiminary plan requirements were included realLy for the benefit of the deveLoper - that it is'a safeguard for all concerned. CharLes Gilb, 940 Singingwood Drive, on behalf of the Rancho Santa Anita Property Owner's Association, was informed by the Planning Director that the vote of the Commission on the subject matter was five in favor with two members absent. He was also informed that the County Assessor considers property for reassessment about every six or seven years. Councilman Arth MOVED that the hearing be CLOSED. Motion seconded by Councilman Considine and carried unanimously. It was MOVED by Councilman HeLms, seconded by CounciLman Considine and carried unanimously that the City Council declare its intention to adopt a Planned Unit DeveLopment Ordinance along the lines recommended by the Planning Commission in its Resolution No. 70~; that the City Attorney prepare the appropriate ordinance including various ideas presented for consideration by Council at its next regular ~~eting on September 1. AUDIENCE PARTICIPATION d rJ.) - I I.AV ::;, (/1./-,,1 j'Roger Walker, Systems Manager of the FoothilL TV Cable Company, spoke , of the recent adoption by the City of a utility tax ordinance (No. 1415). "/),7.1:(' 'r) He stated in par~ that his company has a very smalL portion of the city J 7 to service and that the requirement would be discriminatory against a small number of people in the city; that the CaLifornia City Model r~~' Ordinance excludes cable television from any utility taxation because the business is ~ot considered a utility; that it has been ruLed a service by court decision. He asked for exclusion from the requirement and noted that his company does not have a guaranteed return but is regulated - that the city sets the rate by fr~nchise. 8-18-70 - 5 - INCREASE IN RATES LIBRARY GROUNDS POLICE & FIRE COMMENDED STREET MAINTENANCE (continued) CONTRACT AWARD (Water Lines) // , I ,,- /,/f ..., -, -'" ,'.. Y' v / SECOND AVENUE l' REALIGNMENT Y / / ;. /<1/ RESOLUTION NO. ~'7"/..>7' ADOPTED Lf:76~e -c Council concurred that it would be discriminatory to impose such a tax inasmuch as it services such a relatively few clients whereas the majority of residents have television without having to subscribe to the service. The City Attorney wiLl prepare the necessary document to effect the deLetion of cable TV from the ordinance. LesLie Bloom, 2L E. Las FLores Avenue, was advised that a date wiLL be set at this meeting for the pubLic hearing on the request of the City Refuse Service Company for an increase in rates. Council commended Mrs. Gordon Shipman, 14 Christina Street, on her interest in taking some action to preclude the grounds of the city library from being Littered as occurred last July 4. She has voLun- teered to bring it to the attention of the Friends of the Library and perhaps provide additionaL trash containers and the Like. I Council received and expressed appreciation for the commendations received for the efforts of poLice and fire department in a recent accident involving a young man. Council accepted the recommendation of the City Manager and the Director of Public Works and continued consideration of the bids received for street maintenance (Job No. 365). The City Manager and Water Manager reported on the folLowing bids and made recommendation for the award of the contract to the Low bidder for the modification of water distribution lines required for FoothilL- Freeway Phase IV. Vi do Samarzich Co. J. M. Covington Corp. Hood Corporation Ace Pipeline Construction, Inc. R. M. Vukanovich Construction Co. M. E. Fridrich Co. 35,287.00 35,413.50 36,409.00 38,830.00 48,721. La 62,555.00 It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roLL call vote as folLows, that the contract be awarded to the low bidder, Vido Samarzich Company, in the amount of $35,287; that alL other bids be rejected; that any informaLities or irregu- Larities in the bids or bidding process be waived and that the Mayor and City CLerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. Funds are budgeted currently under Account 470-70 Item 4 and Account 470-71 Item 5. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None I The City Manager and the Director of PubLic Works recommended the adoption of a resoLution requesting the transfer of funds from County Aid to Cities Fund to pay the City for the portion of Bonita Park property necessary in the widening and realignment of Second Avenue. Whereupon the City Attorney presented, expLained the content and read the tit le of Resolution No. 5054, enUt led, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONVEYING A PORTION OF BONITA PARK FOR STREET PURPOSES TO BECOME A PART OF SECOND AVENUE." It was MOVED by CounciLman Considine, seconded by CounciLman HeLms and - 6 - 8-L8-70 1 I' EVENT APPROVED EXECUTIVE SESSION RECONVENED APPOINTMENTS TO BOARDS ADJOURNMENT TO TIME CERTAIN 1,:7698-e On MOTION by Councilman Hage, seconded by CounciLman Considine and carried unanimously, the Tournament of Roses Association was granted permission to hold its Fourth Annual Auto Show and Benefit Party on October 22, 1970. The event wiLl be heLd at the May Company middle parking Lot. At 10:30 P.M., Council adjourned to an executive session. At lL P.M. in the Council Chamber. Mrs. George KiLleen was reappointed to the CiviL Defense and Disaster Board for a fuLL four year term on MOTION by CounciLman Arth, seconded by Mayor Butterworth and carried unanimously. Mrs. Earl G. McNalL was appointed to the Library Board of Trustees for a full four year term on MOTION by Councilman Considine, seconded by Councilman HeLms and carried unanimously. ~ II Mrs. BartLing Anderegg was appointed to a full four year term on the Library Board of Trustees on MOTION by Councilman Arth, seconded by Councilman Rage and carried ~nanimously. Mrs. Edward A. Gudus was appointed to filL the vacancy created by the resignation of Thomas McKibben, to expire June 30, 1973, on the Sister City Commission on MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously. At Ll:LO P.M., the meeting adjourned untiL Wednesday, August 26, 1970, at 7:30 P.M. !}~,l(j3Jt~ Mayor : ATTEST: ~~Mf~ City Clerk <, 8-18-70 - 8 - ~~W1~ ~~u1 / TRANSFER OF FUNDS / YOUTH COMMISSION / INCREASE IN RATES ADDITIONAL PAY - Police Officer APPROVED , t// 0' II /I;: J.o_.J ORDINANCE /&0. L417 ADOPTED 17'7698- d carried on roll call vote as follows, that the reading of the full body of Resolution No. 5054 be WAIVED and that same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None It was further MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll caLl vote as follows, that the Finance Director be authorized to transfer funds in the amount of $63,901.50 from the County Gas Tax Account to the Reserve for Capital Projects Account in the General Fund; that such fund be earmarked and reserved for acquisition and/or development of parks and playgrounds. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None 1 The request of the Youth Commission for exclusive use of Wilderness Park on Sunday, September 20, for a Special Youth Day was APPROVED on MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously. NOTE: The request for permission to charge a fee for the event to be held at the public facility was not authorized. Two public hearings were scheduled for SEPTEMBER 1. Increase in rates - requested by 1) City Refuse Service Company and 2) San Gabriel Valley Cab Company. On recommendation of the City Manager and the Personnel Director it was MOVED by Councilman Helms, seconded by Councilman Considine and carried on roll call vote as follows, that the request of the Police Chief be APPROVED and that he be permitted to increase the number of Investigators from 6 to 7 at a cost of $300 per year - the proposal is to pay one additional officer the $25 per month. The funds cannot be provided from the vacancy factor since this is a deduction and not an' increase in the budget. The Department will meet the additional cost from existing budget totals. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1417, ,ent it led; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROVIDING FOR THE CONTINUITY OF THE COUNCIL IN THE EVENT THAT FIVE VACANCIES EXIST ON THE COUNCIL." It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll caLl vote as foLlows, that the reading of the full body of Ordinance No. 1417 be WAIVED and that same be ~DOPTED. 1 AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None 8-18-70 - 7 - Note: See other side for Page 8