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HomeMy WebLinkAboutSEPTEMBER 15,1970 1 1 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) / 1':7714 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 ~" , '.", 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. 9-15-70 - 1 - CONDITtONAL USE PERMIT (Teen Center) /1" p /~ r .t7J- ZONING REGULATIONS (Hear ing t./' Scheduled) CONDITIONAL USE PERMIT (Car Wash) P,I ~ [);.) CONDITIONAL USE PERMIT (Church) p; i!... ~ 1/: lf' 7715 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. 1 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. - 2 - 9-15-70 ZONE CHANGE (Hearing Scheduled) (FASHION PARK) ,,- " ' " ' ", \ 1': 7716 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. 1 1 PUBLIC PARTICIPATION: 1;A-f AWARD OF CONTRACT (Second Ave) :/:/1 j 1 (! I/:<Y 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) 9-15-70 - 3 - 11' 7717 (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. 1 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. ~ " STREET IMPROVEMENT (Naomi Avenue) r- 1,/.11 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. .1 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 9-15-70 - 4 - 1 , . I, ltn18 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. , ~ J , 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 /l '.. - ,/ -,'" ' 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). ..;. -- ~ " I l-i - 5 - 9-15-70 PROCEDURAL ORDINANCE Waived TRANSMISSION LINE IN BALDWIN AVENUE 1://1} 5 FLOOD CONTROL ^ I j!../ .' , ) - ' :f //.I~;,.' /' ORDINANCE NO. 1420 ADOPTED ,/ PETITION FI LED v SISTER CITY I/'(k If: 77 19 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: 1 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 9-15-70 - 6 - 1:7720 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. 1 ;jJ): ()j~ Mayor ~~ Christine Van Maanen City Clerk 1 9-15-70 - 7 -