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HomeMy WebLinkAboutAPRIL 6,1971 ,'. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PLAQUE PRESENTATION (~Je.))1 TELEVISION (Cable) f-. S'if'1 J14 1 19: 7798 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 6, 1971 The City Council of the City of Arcadia, California, met in regular session on Tuesday, April 6, 1971 at 7:30 p,m, in the Council Chamber of the Arcadia City Hall, Rev, Ted Cummins, Arcadia Friends Church Mayor Pro Tempore James R, Helms, Jr, PRESENT: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None On MOTION by Councilman Helms, seconded by Councilman ConsWine and carried unanimously the Minutes of the Regular Meeting of March 16, 1971 were APPROVED. Dale E, Turner, former Mayor of the City and President of the 605 Freeway Construction Association, presented and read in its entirety a resolution adopted by the State Assembly Rules Committee commending the Association in its efforts and accomplishments which led to the completion of the subject portion of the Freeway in January of 1971 instead of mid-1975 as originally scheduled, Council accepted the resolution and noted that such completion was certainly due in no small measure to the dedicated service of Mr. Turner and expressed its gratitude. Mayor Butterworth observed that at the recent National League of Cities' Conference a representative of the Federal Communications Commission made an astounding statement that cable television would eventually alter the way of life - that it is no longer just directed to the field of enter- tainment but will become a transmittal device for instant news, instant weather, school use, etc. That it had been recommended at the conference that franchises not be granted unless the applicant had many channels of which at least 50 percent were dedicated for public use. He noted that relative thereto he had asked a representative of the local franchisee to be present. Roger Walker, manager of the Foothill TV Cable Company, confirmed Mr, Butterworth's remarks and expanded on the future possibilities of the wire system; that his company is installing these amplifiers with the hope that once the entire system is wired more channels may be offered to the customers. He noted legislation which precludes distant channels; that until that is changed they would be unable to carry a great number of channels although some customers have the advantage of the San Diego channel now. Discussion ensued in detail on using the cable facilities for police monitoring, currently in effect in some cities, which could conceivably reduce personnel. Also closed circuit for schools, Mr. Walker stated in part that thought is being given to dedicating certain channels to public use, however, another company would probably make a formal presentation for a franchise in that particular field if, as and when it becomes a reality. 4-6-71 - 1 - CONDITIONAL USE PERMIT (DENIED) TRACT NO. 29869 Tentative Map fi. /.Jl~7 PRIMARY MOTION 19: 7799 Council acknowledged Planning Commission Resolution No. 725 denying a conditional use permit for the use of property at 311 East Live Oak Avenue for an eating establishment for reasons set forth in Section 2 of said resolution, The Planning Commission submitted tentative map of Tract No, 29869 without recommendation. The property is located on the south side of Sierra Madre Boulevard between Rodeo Road and La Ramada Avenues and known as 120 W, Sierra Madre Boulevard. It is zoned R-l and currently improved with a main house and accessory-structures, all of which 'are to be removed. Adjacent properties are also zoned R-l with the exception of those to the west which are R-O, The subdivider proposes to create 15 lots which meet the Code, however, the Planning Director pointed out in his report dated March 1 that due to the excessive length of the cul-de-sac street the requirements of the Fire Department were not met - at that time. 1 Brief discussion held on the impression of some of the Commissioners who felt the Commission was not in a position to consider any zoning other than R-l for the subject property - inasmuch as that is its present zoning status, The City Attorney advised there is no limitation on such consider- ation. Mayor Butterworth asked for a show of hands of those in the audience who were in favor or against the development. Those against were in the majority, The Planning Director explored reasons for the matter being presented to Council without recommendation - that it carried a 3 to 2 vote from the Commission whereas it requires 4 votes. He said there was opposition from property owners in the R-O area who would rather have the area developed less densely than proposed. That the subdivider had agreed to omit 2 story homes where opposed and the Fire Department had approved a revised maPt that as many trees as possible will remain, He projected a drawing of he subject property and noted that the developer had been asked to bring in revised drawings but had not done so as yet. It ,was brought out that this particular parcel was the one used for the develop- ment of the Planned Unft concept which has not been put to use as yet. Jack Weber, the subdivider, spoke at length as to the plans which he felt would provide the most beautiful development in the City; that he has endeavored to meet the requirements of the Fire Department in the turn- around area of the cul-de-sac street; that his homes will be developed with a park-like atmosphere - leaving practically all the trees, Extensive discussion held on setbacks, easements, street widths, parkways and other aspects of the proposal, William Krumm, 1626 Rodeo Road, spoke at length concerning resistance of adjacent property owners to the proposal and indicated reasons therefor, including increase in traffic, the cul-de-sac length in fire emergencies, lot sizes. He circulated photographs of another subdivision which does not concert with its adjoining improvements. He stated in part that he was not opposed to the proposed development of the subject site but with enhanced restrictions such as the width of the street to meet the code requirements, the turn-around be so designed as the neighbors could be assured the fire equipment could reach an address, wider side yard and all trees remain, and noted that the subdivider has already agreed to one story homes, 1 Wallace Qua, 1605 Hyland Avenue, expressed concern with the proposed total density and cited the size of lots on Hyland Avenue and the separation thereon which is around 25 ft, Susan Puck, 1655 La Ramada, asked for single story homes on the lots backing up to her property, Following further discussion on the total development with the changes which have been agreed to by the developer, i, e" restrict the two story homes, -toe turn-around altered to where the Fire Department could have ease of ~ngress and egress, street dedication which would give the same widtKs as adjacent properties, it was MOVED by Councilman Considine, 4-6-71 - 2 - 1 MOTION TABLED (To be restored) SECONDARY MOTION 1 SIDEWALK PROGRAM PHASE VI :1--1/ t< / 19 : 7800 seconded by Councilman Hage to ACCEPT the development as proposed with restrictions required by the Planning, Public Works, Water Departments and those agreed to by the developer. Councilman Helms expressed concern primarily because the subject property is one of the last large developable properties in the area with possi- bilities for a development which could be aesthetically more pleasing and could upgrade the City in many respects; that once it is done there is no turning back. He did not agree that because it is zoned R-l it should be so developed; that he would like to refer it back to ~he Commission for a zoning study to ascertain if it carries the proper zOning and if the CO~mission finds it is properly zoned he would vote in favor with the restrictions stipulated in the Motion by, Councilman Considine. Reference was made to the investment already made by the developer, and Mayor Butterworth observed in part that in his opinion all parties concerned are entitled to a definitive decision at this time; that should it be denied it would not preclude further study for the proper zoning for the subject site. He felt Council does have wide discretion in matters of determining a subdivision and the fact that it might be technically acceptable in certain aspects should not and does not in his judgment preclude Council from determining whether, on an overall basis, this is the right development; that he too is not satisfied in his 'own mind that the proposal is the best which can be developed and that in view of the recommendation of the Planning Department he would be inclined to vote "noli on the motion if it comes to a vote at this time. Councilman Hage felt it unfair to a developer to change zoning after it has gone this far; that there is responsibility on the part of Council for the subdivider to know what can and cannot be built in the city, however, he also did not feel this is the ultimate in development for the subject site; that he would suggest denial without prejudice to the resubmission of an improved plan, ,. that he was not certain that the property lends itSelf to R-O either. Councilman Helms then MOVED to TABLE the MOTION to APPROVE, Councilman Hage seconded the motion which was carried on the following roll call vote: ' AYES: NOES: ABSENT: Councilman Considine, Rage, Helms Councilman Arth, Butterworth None Councilman Considine then MOVED to request the Planning Commission to make a Study and recommendation on just what is the proper and adequate zoning for the property and report back to Council by May 18 at which time the TABLED MOTION will be RESTORED to Council for final determination. Motion seconded by Councilman Helms and carried on roll call vote as follows: AYES: Councilmen Arth, Considine, Hage, Helms, Butterworth NOES: None ABSENT: None The proposed sidewalk construction was outlined by the City Manager. This would be Phase VI of the total program, Councilman Arth questioned the need for sidewalks on Vaquero Road and Golden West Avenue. The following pe~sons asked for deletion of Vaquero Road: James Osborn, 321 Vaquero Road Arleigh p, Helfer, 411 Vaquero Road Mrs. George Otte, 620 Vaquero Road The City Clerk read into the record a petition with 48 signatures of pe~sons residing on Vaquero Road also asking for the deletion as they felt the need is not there as the school children ride rather than walk and such construction would be a waste of tax money. 4-6-71 - 3 - BASEBALL DIAMOND (Dana JH) CHAMBER of COMMERCE ,r- / ~1 ELECTION CODE REQUIREMENT 19:7801 Staff pointed out that if the two streets were deleted the cost of the remaining sidewalks on the list would just a~out equal the budgeted amount, however, it was the consensus of Council that Vaquero Road should be definitely deleted and that Golden West Avenue remain until bids are received. It was also concurred in that Vaquero Road is being deleted based on the opinion of the residents thereon that sidewalks are not needed and that children reach school by other means of transportation. That its action does not mean sidewalks will never be so constructed. It was then MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the Director of Public Works proceed with the preparation of plans and specifications, deleting Vaquero Road, leaving in Golden West Avenue until bids are received and based on the bids staff to make determination as to its inclusion. Project to be financed from the 1971 - 1976 Capital Improvement Program. 1 AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On recommendation of the Recreation Commission it was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that the recommendation be ACCEPTED and $1500 from the Parks and Recreation Facilities Fund be utilized for the development of a baseball diamond at Dana Junior High School. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Council received the 6 point report of the Committee appointed to review the financial arrangements between the City and the Chamber of Commerce. The City Attorney also submitted a proposed agreement and explained the basic differences between this and the former contract and noted that it is based on the policy of giving 3% of the annual sales tax but this can be changed from year to year. It provides for theChamber to submit a program and monies needed for its implementation each year, Council concurred in the new contract provls~ons and authorized its execution by the Mayor and City Clerk on MOTION by Councilman Helms, seconded by Councilman Hage which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Discussion ensued on the guidelines to be prepared so that the two documents (contract and the guideline recommendations of the Committee) will not conflict. It was MOVED by Councilman Arth, seconded by 1 Councilman Hage that Item Nos, 2 through 6 of the report be APPROVED and that the City Attorney confer with Councilman Arth as to Item 1 --- to the effect that in the preparation of the proposed budget Chamber will use as a point of reference only 3 percent of the gross sales, Roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Mayor Butterworth spoke to the State Elections Code Sections 11800 through 11835 pertaining to the requirement for the filing by both opponents and 4-6-71 - 4 - 1 COMMUNHY FAIR JAYCEES /I ./' . . " I. ;fc;..I"C 19:7802 proponents of a proposition on a ballot of receipts and expenditures at specific periods of time. He stated in part that inasmuch as Council instigated the election on whether or not the northeast corner of Baldwin Avenue and Huntington Drive should be rezoned to accommodate a regional shopping center he felt Council has an interest in seeirig"that the community is informed of this provision,' Councilman Helms observed at this point that advertisements on one side have categorically stated that Council has voted 4 to 1 in favor of Fashion Park, whereas no formal vote was taken for or against the development; th~t the vote was in favor of placing it on the ballot, Mayor Butterworth concurred in the observation and stated in part that where propositions are placed before the electorate there is no limitation on representations made on each side. Jim Goddard, representing the local Jaycees, detailed all arrangements and operations proposed for the holding of the 4th Annual Community Fair on City property adjacent to the Civic Center on June 9 - 13. He introduced those who would work closely with the event and advised that pursuant to the recommendation of the City Manager insurance in the amount of two million dollars would be filed with the City: He will also make available to the City names of all persons and firms who would be associated with the Fair. The City Manager enumerated his recommendations and it was MOVED by Councilman Considine, seconded by Councilman Helms am carried on roll call vote as follows that the City Attorney prepare the appropriate contract incorporating the recommendations of the City Manager and those discussed at this meeting and that the Mayor and City Clerk be authorized " ' to execute same. AYES: NOES: ABSENT : Councilmen Arth, Considine, Hage, Helms, Butterworth None None ,r y' COMMENDATIONS Council received correspondence commending the Police 1'1 ,/"')'-; efforts and accomplishments on various occasions, and ;I;c. from the City of San Fernando for assistance rendered 1)/" J" J I'~_~' ..,. ~....'...I.I,'/emergency. AWARD OF CONTRAct (Library 1 ighting) ./ ,d "",. K 7-7 rf.......... 1 Department for its the Water Department during the earthquake The City Manager and Director of Public Works reported on the following bids received for the improvement of lighting at the City Library and made recommendation for the award of contract to the low bidder. Steiny & Co, - - - - - - $ 5,002,00 Crown Industrial Electric Co. - 4,852.00 Colelectric - - - - - - - 4,318.80 Geivet Electric - - - - - - - - 4,284.00 Fischbach and Moore - - 4,250.00 Hacienda Electric - - - - - - - 4,019.00 Jerry's Electric - 3,811.57 Camino Electric Company - - - - - - 3,743.00 Edward F,' ~indemann - - - - -(3,587.50 3,238,50 'if Thin Wall used) It was noted that the low bidder had indicated if the City would allow the use of Thin Wall instead of Rigid Conduit the bid could be reduced to $3,238.50, and that the Building and Safety Division advises that this substitution would be acceptable and would not adversely affect the quality of the job. That it will also be necessary to purchase mounting brackets for each light at a cost of $260 as they will provide a flush, vandal- proof installation. Whereupon it was MOVED by Councilman Helms, seconded by Councilman Arth and 4- 6 - 7 1 - 5 - CURB STREET NAMES (ADVERTISE FOR BIDS) f-/71 7U;tiuutA) ::t::::'(J /( /jo-1f MASTARM MOUNTED STREET NAME SIGNS pJ.... # . I ~ , . ' REPLACEMENT STREET NAME SIGNS ;:) //j' <' '.' INTERSECTION REPORT W / . y~.' -/ - .;, "~ l' 19:7803 carried on roll call vote as follows that the contract be awarded to Edward F, Lindemann on the basis of using Thin Wall conduit for $3,238.50; that all other bids be rejected; that all 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. Further that the sum of $4,000 be APPROPRIATED from Reserve for Capital Projects Account No. 285 in the current budget to Capital Improvement Project No. 513, AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None The City Manager and Director of Public Works advised that it is proposed 1 to paint street names in 4 inch block letters on a white reflectorized " background; that due to limited curb height in some areas smaller letters may have to be used but not less than 2 inches high, They will be located as indicated on sketches of typical intersections. Plans and specifications . were submitted and staff requested approval, It was MOVED by Councilman Helms, seconded by Councilman Considine and carried unanimously that the plans and specifications be APPROVED and that the Finance Director be AUTHORIZED to advertise for bids. It was noted that the project will be financed with Capital Improvement Funds approved in the current budget for said purpose, Staff noted that several years ago the City embarked on a program to install overhead street name signs to be mounted on traffic signal mastarms at all signalized intersections of Select Systems Streets, Twenty four such signs were purchased and installed in West Arcadia and the State was requested to install overhead signs on State routes which has been done - with few exceptions. State will be requested to complete the installation prior to completion of the Freeway. In order to proceed it is necessary to purchase 57 signs at an estimated cost of $65 each. Project to be financed from surplus funds remaining in the State Gas Tax Account from the completed Santa Clara Street Bridge Job No. 331. It was MOVED by Councilman Considine, seconded by, Councilman Hage and carried on roll call vote as follows that staff be AUTHORIZED to purchase 57 signs at an estimated cost of $65 each and that the aforementioned account be charged. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Staff advised that in order to complete the replacement program of street name signs throughout the city 118 sets of signs are required at a total cost of $2106,30, It was noted that this item was deleted from the current operating budget and instead a Capital Improvement project was approved earmarking $8000 for street name signs with another $8000 to be budgeted for next year. These post-mounted street name signs as well as painting street names on the curbs will be part of this project, Whereupon it was MOVED by Councilman Hage, seconded by Councilman Considine and carried unanimously that the Director of Public Works and the Finance Director be AUTHORIZED to solicit informal bids for furnishing the necessary signs, 1 In response ro the recent request of Council, staff prepared and submitted a report on the intersection at Indiana, Huntington Drive and Second Avenue relative to creating a median opening in Huntington Drive and Indiana Street. Report dated April 2 and on file in the office of the City Clerk. 4- 6-71 - 6 - ADVERTISE FOR BIDS (Landscaping Islands) 'I ,.. c',. r-/I:;; I' SALE OF CITY OWNED LAND (TOWNE CENTER) 1 /,,/11/% _, RESOLUTION NO, 4193 ADOPTED ~ 19 : 7804 As a result of the realignment of Second Avenue two islands were created in Second Avenue just south of Huntington Drive, The plans and specifi- cations have been prepared for landscaping these islands with the intent of creating a small park, Whereupon it was MOVED by Councilman Hage, seconded by Councilman Considine and carried unanimously that the plans and specifications be APPROVED and that the City Clerk be and she is hereby AUTHORIZED to advertise for bids to be returned April 19, Request of Union Realco for a thirty day extension of its option for the purchase of city owned property on the east, side of Santa Anita Avenue between Wheeler and Santa Clara Avenues, The City Attorney submitted a new form of the option agreement and resolution authorizing the option and setting forth findings as required by the Title Company. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Considine and carried unanimously that the extension be granted and the Mayor and City Clerk be and they are hereby AUTHORIZED to execute said agreement. The City Attorney then presented, explained the content and read the title of RESOLUTION NO. 4193, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY KNOWN AS THE TOWNE CENTER PARCEL." It was MOVED by Councilman Arth, seconded by,Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No, 4193 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: 'ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None ACTION TAKEN LATER IN THIS MEETING - BUT RECORDED WITH SUBJECT MATTER APPROVAL OF In order to facilitate negotiations between Union Realco and the Bank of PLANS IN America it was MOVED by Councilman Hage, seconded by Councilman Considine PRINCIPLE and carried on roll call vote as follows that the plans for the proposed ~~/'~//v' Towne Center, including the proposed restaurant, be APPROVED IN PRINCIPLE. , I~ y_~ This will not preclude Council in its other capacities from considering . 'any conditional use permit, building matters and the like. INFORMATION REQUESTED .-7"/" , ,7-' -,I WILDERNESS PARK (NATURE CENTER) / '>-H 1 MEMBERSHIP (NATIONAL LEAGUE/ CITIES) If r 1" - ':\/ On suggestion of Councilman Hage Council requested background material relative to the contents of a communication from Tom Gaston .concetning the Towne Center. The City Manager explained that the original agreement with John J. Reukema, Building Design Consultant for the Nature Museum Building to be constructed at Wilderness Park, did not provide for design of cabinets since at that time it was anticipated that city forces could do the job, however, after completion of the preliminary design it was concluded that the work was too extensive for city forces; that it now seems expedient to authorize the cabinet work for inclusion in the plans which are currently being advertised for bids. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that the authorized fee (November 3, 1970) be increased from $1200 to $1386.39 which will reflect the $186.39 fee for the additional design service. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Manager advised that the membership fee to the National League of Cities has been increased from $150 to $250 annually and that authorization for the additional $100 is necessary. Whereupon it was MOVED by Councilman 4- 6 - 71 - 7 - GASOLINE PURCHASE (COOPERATIVE) -I ~ It' 'Ie; PROCEDURAL ORDINANCE WAIVED FREEWAY ,;') ,.) ,/~J~ I{ Ie. ~ J/ MOTION AGENDA PUBLICITY TAX REFORM BILLS td, j 1/ /Id' . EMPLOYEE ARBITRATION IJ; ) f IV 19:7805 Arth, seconded by Councilman Considine and carried on roll call vote as follows that $100 be approved for such purpose. Funds from Council Contingency Account. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None On MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows the Finance Director was AUTHORIZED to notify the Los Angeles County Purchasing Department to include the City in its call for bids for the purchase of gasoline for the ensuing fiscal year. AYES: NOES: ABSTAIN: ABSENT: 1 Councilmen Cons~dine, -Hage, Helms, Butterworth None Councilman Arth, due to his business affiliation None In order to consider the following the prOV1Slons of the Procedural Ordinance were waived on MOTION by Councilman Arth, seconded by Councilman Considine and carried unanimously. Councilman Arth brought up the matter of the State now requlrlng the City to share in the cost of building a buffer wall south of the Foothill Freeway along Colorado Boulevard. It was the understanding gained through prior commitments that State had agreed to supply the total cost and that now a $10,000 charge is being made which state indicates is due to the fact that it underestimates the cost. Discussion was held on the material suggested for the fill which the Director of Public Works said would not be acceptable in this or for any of the city projects. That greenery could be grown on the suggested fill but it would prove expensive in both maintenance time and money. State indicated that federal money was tied up on the process and it would not grant funds for the building of a wall. Council concurred that a resolution should be drawn up expressing shocked concern over the proposal of the State Division of Highways to be released from its responsibility to construct a concrete-block barrier wall along the southerly roadway of the Foothill Freeway between Baldwin Avenue and Michillinda Boulevard and that the City expects that agency to live up to the contents of its letter of December 10, 1970. It was SO MOVED by Councilman Arth, seconded by Councilman Considine and carried unanimously. Councilman Arth referred to the concern of the Planning Commission that the agenda is not being publicized sufficiently and some discussion held on ways and means ~f accomplishing improved notification to the public. The City Manager will work through the newspapers to effect improved publicity. Councilman Considine pointed out that at a recent League of California Cities' meeting the subject of Tax Reform Bill Nos. 1216, 1217, 1218, 1219 was explored. He felt Council should take a stand because they are reaching the point where they could seriously curtail income and referred spe- cifically to the one which would remove all improvements from the assessment and hold the land assessment to its present use rather than its highest use in the community. 1 He also brought attention to Senate Bill No, 333 dealing with employee arbitration and felt authority should now be given for the Mayor to direct a wire to the Assemblymen and Senator expressing opposition as it comes up on April 23 for hearing. He then MOVED for such authority. Motion seconded 4- 6- 71 - 8 - MONETARY ASSISTANCE 1I/t! 1 EXECUTIVE SESSION RECONVENE AND ADJOURNMENT 1 19:7806 by Councilman Hage and carried unanimously, Brief discussion on the advisability of meeting in person with the Legislators in matters of such nature, The City Attorney explained that the City of Thousand Oaks has an ordinance similar to the one in this City concerning throw-away advertising matter and that the Supreme Court has granted a hearing to test its constitution- ality. He asked for and received approval to participate, if asked, in an amount of $100 - from the City Manager's Contingency Fund. The City Council entered an executive session at 10:40 P.M. At 11 P.M., Council reconvened in the Council Chamber and adjourned sine die immediately thereafter. [)~ /(j)~ Mayo ATTEST: L~j~;;&~f. ~ ~~J ity Clerk 4- 6 - 71 - 9 -