HomeMy WebLinkAboutSEPTEMBER 15,1970
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CITY COQNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
PRESENTATIONS
HEARING
(Noise
Regulation)
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MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
SEPTEMBER 15, 1970
The City Council met in regular session on Tuesday, September 15,
1970, at 7:30 P.M., in the Council Chamber of the Arcadia City
Hall.
Msgr. Gerald M. O'Keeffe, Church of the Holy Angels
Mayor Edward L. Butterworth
PRESENT:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
On MOTION by Councilman Arth, seconded by Councilman Considine and
carried unanimously the Minutes of the Adjourned Regular Meeting of
August 26 and the Regular Meeting of September 1, 1970, were APPROVED.
Mayor Butterworth presented plaques to former Planning Commissioner
James R. Parker and Personnel Board member Conley Ferguson in
appreciation of their efforts and accomplishments during their tenure
of service to the city.
For some time Council has been considering the adoption of an ordinance
regulating noise caused by mechanical equipment in residential areas
and this date and time was scheduled for a public hearing. The City
Attorney drafted a proposed ordinance which provided that the noise
level of any air conditioning equipment, pump, fan, or similar machinery
on property zoned for residential use shall not exceed 55 decibels as
measured at any point on or beyond the property line of adjacent property
used for residential purposes and operation of such machinery'{n 'violation
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thereof would be a public nuisance. .' ,-
Mayor Butterworth declared the hearing open and Orrin Burwe1i; repre-
sentative of the Air Conditioning and Reference Institute, felt that
most air conditioners already installed would not meet the requirement
of 55 decibels at the property line and suggested 60 decibels which
has been adopted by other cities. He asked for a fair and equitable
ordinance not difficult to enforce. Discussion ensued on costs of
relocating air conditioners, the procedure in ~hecking and enforcement.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Arth, seconded by Councilman Considine and carried unanimously.
Councilman Considine felt that such an ordinance is needed but had
reservations as to the document as drafted; that it appears to be too
difficult to measure noise level at the property line and to ascertain
if an air conditioning unit is the determining factor - that there
could be other contributing factors. He cited instances in which this
could create problems.
Councilman Arth submitted that there is no such thing as a perfect
ordinance and objections could continue to be raised until a regulation
might not ever be adopted...he suggested instead of a fixed 55 decibel
maximum for all machinery, perhaps two levels should be considered -
one at 60 decibels for the older machinery and one at 55 for new equip-
ment.
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CONDITtONAL
USE PERMIT
(Teen
Center)
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ZONING
REGULATIONS
(Hear ing t./'
Scheduled)
CONDITIONAL
USE PERMIT
(Car Wash)
P,I ~ [);.)
CONDITIONAL
USE PERMIT
(Church)
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Councilman Hage referred to the availability of the services of Mr.
Burwell who is an expert in the subject field and suggested the city
avail itself thereof.
Councilman Helms suggested that staff obtain copies of ordinances
adopted by the cities of Anaheim and Inglewood (the latter having been
adopted by the California League of Cities) and also that persons
applying for building permits to make such installations be put on
notice that the City is about to adopt such a regulation.
Mayor Butterworth observed that the matter has been under consideration
for some time now and that ultimately Council has to rely on expert
judgment and suggested that the ordinance be reconsidered, refined and
placed on agenda for the regular meeting of November 3. It was so MOVED
by Councilman Hage, seconded by Councilman Arth and carried unanimously.
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The Planning Commission will be asked to initiate proceedings to amend
the existing sound ordinance which calls for 60 decibels in an industrial
zone adjacent to a residential zone in order for it to coincide with any
action taken by Council along this line.
Planning Commission recommendation concerning the granting of a
conditional use permit to conduct a teen center at 909 South Santa
Anita Avenue subject to conditions as set forth in its Resolution No.
708 and those recommended by the Director of Public Works and the
Police Chief.
It was the consensus of Council that due to the temporary nature of the
project some of the conditions were perhaps not too realistic under
the circumstances and that the project should be reviewed by Council
within about six months at which time the additional conditions could
be imposed if warranted.
It was MOVED by Councilman Helms, seconded by Councilman Rage and
carried unanimously that the conditional use permit be granted to
Robert A. Bonsak and Parent and Teen Help (Path, Inc) to open the
teen center subject to Condition Nos. 5 and 6 of Resolution No. 708
and that the latter part of No. 6 be amended to read "The Council
will review the matter at its first meeting of June of 1971"; that
the dilapidated sheds on the west side of the building be removed,
as recommended by the Director of Public Works, and that adequate
lighting be provided in the parking areas as recommended by the Chief
of Police. (Reports dated August 5, 1970).
Hearing scheduled for November 3 on the recommendation of the Planning
Commission as set forth in its Resolution No. 709 concerning the repeal
of Section 9273.1.7 of the Municipal Code which currently permits
gasoline service stations in Sol (Special Use Zone).
The action of the Planning Commission (Resolution No. 710) in 1
granting a conditional use permit for the construction and operation
of a full service tunnel car wash with motor fuel islands on property
at 425 North Santa Anita Avenue subject to conditions set forth therein
was RATIFIED on MOTION by Councilman Hage, seconded by Councilman Con-
sidine and carried unanimously with the exception of Councilman Arth
who did not participate in the discussion or action due to his business
affiliation.
The action of the Planning Commission (Resolution No. 711) in granting
a conditional use permit for the construction of a church building at
122-160 West Duarte Road subject to conditions set forth therein was
RATIFIED on MOTION by Councilman Arth, seconded by Councilman Hage and
carried unanimously. It was noted that a text amendment is now being
prepared by the Planning Department to cover the tower height situation.
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ZONE CHANGE
(Hearing
Scheduled)
(FASHION
PARK) ,,-
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Planning Commission recommendation that the northeast corner of
Huntington Drive and Baldwin Avenue be rezoned to C-2, H, and D,
upon specified conditions (Resolution No. 712) for the purpose of
developing a regional shopping center and office complex was
scheduled for a public hearing on NOVEMBER 10, 1970, at 7:30 P.M,
at a location to be announced later. The recommendation set forth
in Resolution No. 713 will also be considered at said time.
COMMUNITY Council received the recommendation of the Recreation Commission that
CENTER the City proceed with the construction of a community center to be
and located on city property adjacent to City Hall. It also stated that
POLICE in its opinion 909 South Santa Anita Avenue was not suitable for a
BUILDING teen center and reasons were cited therefor. Councilman Helms MOVED
ADDITION that staff be directed to study and make recommendation for the employ-
/! ~ A ment of an architect or specialization expert for the community center
J ~-C(j;;:.l as well as the proposed additional police building. Motion seconded
by Councilman Arth and carried unanimously.
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PUBLIC PARTICIPATION:
1;A-f
AWARD OF
CONTRACT
(Second Ave)
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Leonard Henkey, 230 E. Camino Real, addressed Council concerning a
drainage problem caused by the construction of a solid fence at the
rear of his property by the owner of 309 E. Winnie Way. He noted
conversations with city staff and had been advised that there is
little if anything the City can do to assist him; that it is Some-
thing which should be worked out between the neighbors. Mr. Henkey
felt that if weep-holes were constructed in the fence the situation
would improve, and that he would be willing to pay for that work if
the owner would cooperate to that extent. Mayor Butterworth submitted
that the City is not in a position to issue an order of any nature
against the property owner but that it could write to him asking if
he would cooperate inasmuch as there is 'public safety involved.
The City Manager and Director of Public Works reported on the following
bids received for the realignment of Second Avenue and made recommendation
for the award of contract to the low bidder:
Vernon Paving Co
Griffith Co
Sully Miller Contracting Co
Aman Bros. Inc
, D & W Paving Inc
F, W. Richter Construction
Louis S. Lopez Construction
$ 118,528.73
119,114.00
120,443.37
121,662.83
122,841.35
129 ,088 . 20
138,000.00
It was MOVED by Councilman Arth, seconded by Councilman Hage and carried
on roll call vote as follows, that the contract be awarded to Vernon
Paving Company in the amount of $118,528.73; 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
$121,000 be appropriated from State Gas Tax Funds for this project.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
WORK On recommendation of the City Manager and the Director of Public Works
ACCEPTANCE it was MOVED by, Councilman Hage, seconded by Counci lman Cons idine and
~ carried on roll call vote as follows, that the work of Louis S. Lopez
7;/1,}/-J)
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(Sidewalks)
in the construction of sidewalks (Phase Nos IV and V,(Job # 358)
be ACCEPTED and that final payment be AUTHORIZED in accordance
with the terms of the contract.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
SIDEWALK The City Manager advised that residents had requested construction
REQUEST of sidewalks between the east end of Newman and First Avenues; that
(Newman Ave) it is due to changes which have occurred in the area since the advent
P ,/'J Y of the Freeway. He noted that the Director of Public Works obtained
I ~~ .f vt) a Director's Deed from the State Division of Highways which will allow
't," " /' / ^ the City to construct a sidewalk within the limits of a 15' easement
4~/ .):: "urocated on the north side of the state-owned property. However, this
easement does not provide direct access across Newman Avenue and it
was necessary to request an easement for sidewalk purposes from the
owner of property at 54 E. Newman Avenue who has declined because he
feels the sidewalk would be detrimental to the safety and privacy he
presently enjoys. It was also noted that the City will construct the
sidewalk if the necessary easements could be obtained at no cost to
the City.
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Donald Reeves, 54 E. Newman Avenue, stated reasons for declining to
grant the easement; in part --- that he desired to retain the privacy
afforded by a cuI de sac; that the property would be more attractive
as it is to a potential buyer should he decide to sell and that he has
landscaped his property rather extensively. He said he had never den~ed
the right to anyone to use the path in front of his home.
C. J. Hubley, 30 E. Newman Avenue, referred to his letter requesting
the sidewalk and to a petition signed by property owners in the subject
area favoring the sidewalk. He cited the need therefor and in answer
to an inquiry said he did not know whether or not the residents would
be willing to assume costs which might be involved in the project.
'.
Ted A. Wiegand, 27 E. Floral Avenue, spoke in favor of the sidewalk
and of the difficult manner now experienced in walking to a small
shopping district at First Avenue and Colorado Boulevard.
It being the consensus of Council that the residents should have an
opportunity to be heard on the matter it was MOVED by Councilman Arth,
seconded by Councilman Helms and carried unanimously that a public
hearing be scheduled for November 17 and that during the interim staff
review the cost.
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STREET
IMPROVEMENT
(Naomi
Avenue)
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The City Manager reported that property owners have requested curbs
and gutters along with resurfacing on Naomi Avenue west of Baldwin
Avenue to Golden West Avenue; that all have either deposited funds
or have made arrangements to pay their share of the cost. It was
noted that the curb and gutter and concrete driveway aprons will be ~
financed with funds contributed by the property owners, and the
asphalt paving along with miscellaneous items will be funded with
Capital Improvement Project Funds.
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It was MOVED by Councilman Considine, seconded by Councilman Hage
and carried on roll call vote as follows, that plans and specifications
as submitted be APPROVED and that the City Clerk be and she is hereby
AUTHORIZED to advertise for bids to be returned September 28. Council
will be apprised of the results at its adjourned meeting of September 29.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
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CLOSING OF The City Manager advised that a request has been received from the
BALDWIN Guy F. Atkinson Company to close Baldwin Avenue from Colorado
AVENUE Boulevard to Harvard Avenue to through traffic for a period of 30
(Portion) days starting November 2; it was recommended for approval subject
I to the conditions that the permanent improvements be completed and
: :111-& opened to traffic by mid-December or that the contractor provide
some other acceptable temporary roadway connections at the subject
location between mid-December and mid-April.
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Following discussion it was MOVED by Councilman Arth, seconded by
Councilman Considine and carried on roll call vote that authority
be granted for the closing of Baldwin Avenue from Colorado Boulevard
to Harvard Avenue from November 2 to December 2 subject to the posting
of a bond or any other consideration recommended by the City Manager,
after consultation with staff, and that he be authorized to modify
the terms of an agreement to close the street should it be necessary.
The matter will be brought back to Council on September 29 if further
action is required.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
During the above deliberations, Ray Rogers, Assistant General Manager
of the Race Track, observed that it would greatly facilitate traffic
if the underpass currently being constructed on Michillinda Avenue and
Colorado Boulevard CD uld be completed by mid-December - or if some type
of roadway could be made available at the time races begin. This would
be a convenience to the residents in the area as well as to the race
patrons. The contractor will be contacted on this.
TOWNE The City Manager advised that Summit Management Corporation is nearing
CENTER completion of negotiations with Union Realco (real estate division of
BUILDING the Union Bank) to join in the development of the Towne Center Building
0A-v C(4 .' ,at Wheeler and Santa Anita Avenue and is requesting a 60 day option
1", I;, "" ;, without cost to allow for financial arrangements; that should all
,',,/~ ,.;' :1....), 'details not be worked out by that time that they will pay $3000 per
month until they are in a position to apply for a building permit,
WILDERNESS
PARK (NATURE
BUILDING) IP
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It was MOVED by Councilman Hage, seconded by Councilman Helms and
carried on roll call vote as follows, that an agreement be approved
subject to terms outlined in the City Attorney's report dated
September 15; that an application for a permanent loan be made
within seven (7) days from the date of the option and that the company
obtain a legally binding option to purchase Lot 5 and make provision
for the City to be given this option if the company does not exercise
the option,
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
The City Manager advised that a building designer is recommended for
retention in connection with the plans and specifications for a Nature
Center building at the Wilderness Park. It was MOVED by Councilman
Considine, seconded by Councilman Helms and carried unanimously that
staff be instructed to review the qualified building designers and
submit a recommendation to Council.
EVENTS On MOTION by Councilman Considine, seconded by Councilman Helms and
APPROVED carried unanimously, permission was granted 1) American Association of
(.? 1\ University Women to hold its annual Festive Fare on November 5, and
/l ;. 2) PTA of Santa Anita School to hold its annual carnival on October 24 -
;:: t :. IVT~providing the City is covered by insurance and any construction be
F approved by the Director of Public Works. (Events of this nature will
henceforth be processed by staff).
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PROCEDURAL
ORDINANCE
Waived
TRANSMISSION
LINE IN
BALDWIN
AVENUE
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5
FLOOD
CONTROL ^
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:f //.I~;,.' /'
ORDINANCE
NO. 1420
ADOPTED
,/
PETITION
FI LED
v
SISTER CITY
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In order to consider the following items the provlslons of the Procedural
Ordinance were waived on MOTION by Councilman Considine, seconded by
Councilman Rage and carried unanimously.
Council deferred action on the employment of an engineer for the design
of a 24" transmission main in Baldwin Avenue from Foothill Boulevard to
Gloria Road pending study and recommendation of staff as ill whether or
not the work could be performed by city forces. The City Manager advised
that a check has been made and it appears to be essential that the work
be done by outside assistance to meet the deadline since the County of
Los Angeles has only a short period before it paves Baldwin Avenue and
recommended the retention of an engineer. Whereupon it was MOVED by
Councilman Helms that Kenneth I. Mullen be retained at an approximate
cost of $6500 for such work. Mr. Helms stated in part that he made the
motion reluctantly; that he is a firm believer in competitive public
bidding for public works projects; that it does seem a small job such
as this one could more properly and economically be performed by city
forces, however, he was constrained by the terms of the City Charter.
Motion seconded by Councilman Considine who indicated the same thinking
as Councilman Helms. Roll call was then taken:
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AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
The City Manager advised that the Flood Control District had informed
him that rocks of various dimensions are to be removed from back of
the Santa Anita dam, and must have permission to use the portion of
Elkins Avenue which is within the city limits. It anticipates the
work will take about 13 days working between the hours of 7 a. m. to
4:30 p.m. It was so MOVED by Councilman Arth, seconded by Councilman
Hage and carried unanimously.
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1420, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA ADDING DIVISION 7 TO PART 7 OF
CHAPTER 2, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE PROVIDING FOR THE
ESTABLISHMENT AND REGULATION OF RESIDENTIAL PLANNED DEVELOPMENTS."
It was MOVED by Councilman Arth, seconded by Councilman Helms and
carried on roll call vote as follows, that the reading of the full body
of Ordinance No. 1420 be WAIVED and that same be ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
Mayor Butterworth filed with the City Clerk a petition from residents in 1
the Highland Oaks area in connection with an event which had been schedule
for the Wilderness Park and subsequently withdrawn.,
It was noted that the Sister City Commission sponsored trip to Tripolis,
Greece, will present the Mayor of Tripolis with a gift from the visiting
ambassado~s and because it is a partially city sponsored project it was
MOVED by Councilman Hage, seconded by Councilman Helms and carried on
roll call vote as follows, that $100 be appropriated from Council
Contingency Account towards the purchase of a suitable article.
AYES:
NOES:
. ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
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Mayor Butterworth reminded council members on committees concerning
the Chamber of Commerce and other matters that their reports could
be prepared for submission sometime in November.
At 10:10 p.m., the meeting was ADJOURNED to SEPTEMBER 29, 1970,
at 7:30 p.m.
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Mayor
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Christine Van Maanen
City Clerk
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