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HomeMy WebLinkAboutMAY 18,1971 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 19:7821 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 18, 1971 1 The City Council of the City of Arcadia, met in regular session on Tuesday, May 18, 1971 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. INVOCATION Monsignor Gerald M. O'Keeffe, Church of Holy Angels PLEDGE OF ALLEGIANCE Councilman Robert J. Considine ROLL CALL PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None MINUTE APPROVAL On MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously the minutes of the regular meeting of May 4, 1971 were APPROVED. Councilman Considine abstained from voting as he was absent from said meeting. .1-; J;?1-D On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously the following results of the Special Election held April 20, 1971, as certified by the Los Angeles County Registrar of Voters, were ACCEPTED: SPECIAL ELECTION RESULTS PROPOSITION (Ordinance No. 1425 rezoning property at the northeast corner of Huntington Drive and Baldwin Avenue) Yes 8,798 No 7 , 684 Pursuant to Section 6 of Resolution No. 4180 Ordinance No. 1425 will go into effect ten days from this date. 1 HEARING Planning Commission Resolution No. 729 recommending the amendment of (Code Sections 9255.2.1 and 9255.2.6 of the Municipal Code pertaining to Amendment) building height and lot area requirements of the R-3 multiple family .11.1' zone regulations. The Planning Director explained and reviewed . P: 7'~~~i,~hypothetical situations under the proposed revised requirements. He -' ;"'- noted that the primary purpose is to provide underground garages which . would remove the parking areas from sight and for more greenery and landscaping; that it would, however, permit greater density in popu- lation and cited comparison figures as to building and landscaping areas, Mayor Helms declared the hearing open and Michael Card, 816 Victoria Drive, stated in part that he was strongly opposed to the recommendation as'it would only increase the density factor which would also bring about an increase in the cost of city government; that it would benefit only a few and not those who live in the city because of its low density of .papulation. Jack Saelid; 821 Balboa Drive, President of Plan, stated in part that 5-18-71 - 1 - REJECTED 19:7822 the Board of Directors of Plan urged denial of the recommendation; that it would be a detriment to a residential community. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. During the deliberations it was agreed that the undergrounding of garages .was desirable as well as the increase in the landscaping area,' however, great concern was expressed about the increase in density of population as well as the economic feasibility of the undergrounding without such increase. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that Resolution No. 729 be REJECTED On the basis that the increase in density of popu- 1 lation is not commensurate with the desires of the community and that the matter be referred back to the Commission for further study on 1) the possibility of under grounding garages with substantially less density and 2) whether or not undergrounding is economically feasible without such density. HEARING Planning Commission Resolution No. 730 recommending regulations for the (Storage of storage of recreational vehicles and equipment in residential zones, k€creational The Planning Director explained that the recommendation was initiated vehicles) by the City Beautiful Commission due to its concern with the possible ~ _ . visual deterioration of the city by uncontrolled storage of boats, 1,'?0~~trailers, campers, trailers used for transporting motorcycles, etc., and any material necessary thereto; that the Planning Commission held conferences with owners and had made field surveys and had determined that the proliferation of this type of vehicle is likely in view of the lifestyle of the country and felt that control is required with an eventual revision to the subdivision ordinance to accommodate such vehicles in rear yards. He noted sections of the municipal code which are recommended for amendment. p."f/' "~' . ~ 7/) /' (...,,;.." ' ' . . f.- .//~; :; Mayor Helms declared the hearing open and the following residents spoke to the matter. A. M. Baker, 460 Fairview Avenue, referred to a bulletin published by the National Campers and Hikers Association wherein a case in point was explored concluding that the storage of recreational vehicles on the owner's premises was a constitutional right. He noted that his trailer is parked 50' from the street whereas a 30 unit apartment building next door is only 40' back and felt that it detracted from the street appearance much more than his vehicle. Richard H. Baker, 4246 E. Florence, Bell, representing the California Outdoor Recreation League, opposed the adoption of the proposed regu- lation on the basis that it would restrict the freedom of those who own such vehicles and is discriminatory; that aesthetics cannot be legislated and the ordinance as written is vague. He noted the recreational vehicle industry.,which he stated in part is growing and felt tha t the ordinance J should be made non-discriminatory and perhaps not adopted at all as he could foresee problems too great for everyone. Dick Norris, 309 W. Naomi, stated in part that he has a motor coach whic he parks in the sideyard because it cannot get into the back yard and it would be practically impossible to screen the area when it is parked; that if the ordinance is adopted he would have to sell the vehicle which is used for family outings. ~, John Orsi, 124 W. Arthur Avenue, felt that the ordinance is a single purpose document; that the situation has been brought on by the builder- developers in that lots have not been planned to accommodate such 5-18-71 - 2 - -t,"'" ". 19:7823 vehicles; lots are so small; screening would not always be possible because it would not meet the building code requirements and concluded by stating in part that the ordinance if adopted shouW reflect all vehicles but felt the matter should be shelved indefinitely. John McCabe, l40 W. Longden Avenue, referred to an article written by an attorney in a Travel Trailer magazine stating in part that such an ordinance is unreasonable and arbitrary and wouW probably be declared unconstitutional; that he would move his trailer farther back on his lot but would like to test the validity of the ordinance first. 1 Bill Dickey, 44 1/2 E. Colorado Boulevard, felt the ordinance would become an expensive enforcement problem and enumerated other visual instances which would be more objectionable in his thinking; that he does not own a camper but is opposed to the regulation. Garen Balekjian, 150 E. Norman Avenue, stated in part that he will soon take delivery on, a motor coach and his front yard is the only area he can park it; that he cannot see the need for such an ordinance. Preston Schwab, 1717 S. Second Avenue, referred to a local parcel of property which has deteriorated in appearance during the years, to which Mayor Helms replied that the City has endeavored to remedy that situation for a long time. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. It was Councilman Butterworth's observation in part that there is indeed a hiatus in the proposed ordinance; that its adoption as written would create an anomalous situation. He referred to the impossible enforcement problem in endeavoring to determine'.the length of time a vehicle was parked. He questioned whether the problem of parking vehicles in the front yard is greater than the problem which would arise out of the enfringement on the right of people to do within reason what they wish so long as they do not injure their neighbors. That he could not support the ordinance as it now stands; that he would want to give it more thought. Councilman Arth concurred and referred to major investments made by residents in such vehicles; that to him boats would be more objection- able out in front than a camper which is used often and has the appearance of a vehicle. He thought there might be a model ordinance available and stated in part that he would want to study the matter further before moving ahead on anything which would affect so many resi- dents to such an extent. 1 Councilman Considine agreed in part to the above observations and stated that campers can be attractive; that its condition and how and where parked would be meaningful to him and referred to instances of cars parked in a front yard for various purposes. He would be opposed at this time and felt more study should be undertaken. Councilman Hage questioned the type of screening which would be used and stated in part that he would not vote on the ordinance as written; that there is need for more information and study. TABLED (two months) Councilman Butterworth then MOVED that the matter be TABLED pending further study; that it be placed back on the agenda at the order of the Council when that body is ready to make a final conclusion. Motion seconded by Councilman Considine and carried unanimously. Every effort will be made to give advance notice when Council will again consider the matter. It was the consensus that it will take about two months to garner sufficient data to come to a determination. 5-18-71 - 3 - TRACT NO. 29869 Tentative Map CONTINUED to JUNE 1 / /~'9'7 19:7824 This proposed subdivision for 120 W. Sierra Madre Boulevard was before Council originally on April 6, 1971 and motion by Councilman Considine to approve the tentative map subject to conditions and those to be made by the subdivider was TABLED to this date. The Planning Commission was asked to review the zoning of R-l to ascertain its appropriateness, The Commission submitted its findings on May 4 and indicated the zoning is proper. During the interim the subdivider has reduced the number of lots from 15 to 14 and has stipulated he will not construct any 2- story homes except on one odd shaped lot. The Planning Director dis- played and explained projecturals of the width and depth of the lots - the minimum lot size would be 7500 sq. ft. William Krumm, 1626 Rodeo Road, stated in part that there is still opposition to the size of the lots and asked for more restrictive zoning 1 for the subject property; that although the subdivider has made some changes the depth of the lots remain the same and noted that this is due to the proposed street location on the property; that if the zone were changed to require a minimum lot size of 10,000 sq. ft., a 12 unit development with more imagination could be constructed. During his presentation he-submitted and explored a land use map which to him would not be infeasible although it would probably be less desirable to the subdivider. Wallace C. Qua, 1605 Hyland Avenue, spoke briefly to the size of the lots calculated from a city plat... for contiguous property only. Jack B. Weber, the developer, explored his experience with former subdivisions and stated in part that he has made changes in the number of lots from 15 to 14, the 2 story homes have almost been eliminated and the large oak trees on the property are to be preserved because of their beauty. He noted the footage, drainage and felt the end result would be one of the best subdivisions in the city. In order to put the TABLED MOTION into proper form at this point in the proceedings, the original motion was MODIFIED to reflect changes made in the tentative map by the subdivider - on MOTION by Councilman Considine, seconded by Councilman Hage. Discussion ensued and Councilman Considine felt the tentative map as modified should be approved as it complies with all city requirements. Lots have been reduced in number and the 2 story units have almost been eliminated. He noted the general plan wherein all properties were analyzed. That in his opinion there is an obligation to the property owner as well as those around him; that compromises have been made; that a person has a right to purchase property in the city, review the zoning map, the building code and then should be in a position to know what he can and cannot do. Councilman Rage agreed and observed that in his opinion the subdivider has done the best he could under the circumstances - with 4 lots over 10,000 sq. ft., 4 over 9000 sq. ft., 5 over 8000 sq. ft., with only 1 over 7500 sq. ft. He questioned making considerations on aesthetic values and the like. 1 Councilman Arth agreed that wider lots have improved the subdivision but that does not solve the problem in his opinion..' the lots are still too shallow, not allowing sufficient privacy. He explored what might be done by altering the location of the street - allowing for 75' wide lots which would then be deeper than those proposed... under this pattern there would be about 11 or 12 lots. He did not feel it proper to permit lots as proposed adjacent to an R-O zone which, requires 12,000 sq. ft.,' per residence. Councilman Butterworth stated in part that he did not feel neighbors, landowners or developers should be imposed upon as to what to construct, however, he agreed in general with Councilman Arth - that although the 5-18-71 - 4 - 1 YOUTH COMMISSION f!: (-l ^ ~ < --1.{~'Z"'.?': LITTER DISPOSAft-L . ./( I'~, ~. .4 .. (./"'-t'-p~7; 1 CIVIL DEFENSE (held over) ---- ADVERTISE FOR BIDS (Water main - Michillinda) / ",' 19:7825 subdivider has made great strides in the right direction - still he was not satisfied in his own mind that this is the best development for the property; that once approval has been granted there is no turning back and on this basis he opposed approving the tentative map, adding that there is no question the developer has met all city requirements - but Council is vested with considerable discretion in these matters. Upon response to an inquiry the City Attorney stated in part that Council does have discretionary right to approve or disapprove the tentative map if for no other reason than in the subject instance the cul-de-sac 'is over-extended under guidelines set up in the city ordinance. Considerable discussion ensued during which Mayrr Helms noted that if a vote were taken he would abstain due to his legal involvement with a member of the developer's firm. In order to reach a conclusion and not burden the developer further the matter was CONTINUED, on MOTION by C~uncilman Butterworth, seconded by Councilman Rage and carried unani- mously, to the regular meeting of JUNE 1, that at the May 27 Study Session Council make every effort to formulate definitive guidelines which the developer can rely upon, Subdivider and neighbor represen- tat[ve were invited to attend the study session. The recommendation of the Youth Commission that its By-Laws be amended as set forth in its communication dated May 15, 1971 was APPROVED on MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously. This will revise the procedure for selection of nominees and will prevent an imbalance on the Commission. The recommendation of the Youth Commission for the method of amending the By-Laws was APPROVED on MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously. This will provide that the By-Laws may be amended by the Council upon recommendation from the Commission by the affirmative vote of a majority of the members in office. Council received from the City Beautiful Commission a copy of a reso- lution from the City of Palo Alto petitioning the State to seek action to alleviate the problem of litter and waste disposal created by the '-sale of beverages in disposable, non-returnable containers. During the discussion Councilman Considine suggested looking into an incinerator process and recited his first hand knowledge therewith; that a great deal of effort and expenditure is being made by the industry in this direction; that he would not support this particular resolution but would suggest a resolution to the legislature urging it to look into the method of disposal at the point of disposal collection. Council then TABLED the matter on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. The City Attorney will draft a pro~osed resolution for Council consideration. The recommendation of the Civil Defense and Disaster Board for the adoption of the Model City Ordinance of the California Emergency 'Plan was held over pending further study in certain areas of concern to Counc i 1. On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously the City Clerk was AUTHORIZED to advertise for bids for the construction of an 8-inch water main in Michillinda Avenue between Colorado Street and Panorama Drive. Bids will be received June 8 and recommendation made to Council thereafter. (Work Order 475) 5-18-71 - 5 - LEAGUE OF CALIFORNIA CITIES 1', ..:- '" '1 rJ' .' t7' / / (, iJ . t WEST ARCADIA (Banner standards) /1': /lJ. a /1,v I ./ SPEED LIMIT (Baldwin Avenue) 5', $.Lb/I:"-e. SANITATION DISTRICT NO. 15 II' " '",--'.' ,/~.(...;/ s.[; BUDGET HEARING ...-- ORDINANCE NO. 1429 ADOPTED (City Seal) ~ ORDINANCE NO. 1430 ADOPTED (Health Clubs) ./ 19:7826 The recommendations approved by the Los Angeles County Division of the League of California Cities Board of Directors concerning City repre- sentation for Corridors of the Southern California Rapid Transit District Board of Directors was ACCEPTED on MOTION by Councilman Considine, seconded'by Councilman Rage and carried unanimously. Discussion held on the request of the West Arcadia Business and Professional Association for permission to 'install nine 27' high 3- gauge galvanized steel cable standards at locations listed in its communication of April 28. It is an endeavor toward elimination of temporary pipe poles which could become a threat to public safety under certain climatic conditions. L. E. Beauchamp, 665 Fairview Avenue, explained the purpose in detail and suggested Council look at similar poles on Las Tunas Boulevard in Temple City. Some discussion held on porcelanized versus galvanized poles. The matter will be back on the agenda of June 1. 1 On MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously the speed limit on Baldwin Avenue north of Foothill Boulevard will be posted at 35 m.p.h., pursuant to the recommendation of the Police and Public Works Departments. This will assist the Police Department in more realistic enforcement of violations as the speed limit will now conform with provisions of the State Vehicle Code. (The City Attorney will prepare the necessary ordinance.) On MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously Council will indicate to the County Sanitation District that the City has no intention of excluding itself from District No. 15. This is in response to a communication from the / District asking support of the decision to provide a long-raqge solid waste disposal program. It was noted that this would apply to District No. 22 if it should have the same problem in the future. June 15 was scheduled for the Hearing on the Budget for the fiscal year 1971-72. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1429, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 2710 OF THE ARCADIA MUNICIPAL CODE TO ESTABLISH THE DESIGN OF THE SEAL OF THE CITY OF ARCADIA." It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1429 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Helms None None 1 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1430 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE TO PROVIDE FOR HEALTH CLUBS ON A CONDITIONAL USE PERMIT BASIS IN C-l OR LESS RESTRICTED ZONES." It was MOVED by Councilman Arth, seconded by Councilman Hage and 5-18-71 - 6 - RESOLUTION NO. 4203 ADOPTED ~ 1 PROCEDURAL ORDINANCE WORK COMPLETION ~--II~~ , ' LEGISLATION ?I/i~ STUDY SESSION 1/ / l f' .' I- 1 A / r: I, -' ANIMAL CONTROL 1; .A ,;0 EXECUTIVE SESSION RECONVENE AND ADJOURNMENT 19:7827 carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1430 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Attorney presented, explained the content and read the title of Resolution No. 4203, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING CRITERIA FOR PLACING TRAFFIC CONTROL DEVICES NEAR SCHOOLS." It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 4203 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None This approves by resolution the Bolicy for placing traffic control devices near schools with the exception of Item 2-c in the Policy concerning adult crossing guards. (Appendix Page 1). In order to consider the following, the prOV1Slons of the Procedural Ordinance were WAIVED on MOTION by Councilman Butterworth, seconded by Councilman Rage and carried unanimously. The City Manager and Water Manager advised that construction of the St. Joseph Reservoir No.2 has been satisfactorily completed by J. D. Diffenbaugh, Inc., whereupon it was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the work be ACCEPTED and final payment be AUTHORIZED in accordance with the terms of the contract. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Manager advised that telegrams will be directed to the State officials opposing Senate Bill 333 (compulsory arbitration for Police and Fire Personnel),'. On suggestion of Councilman Arth members of the Planning Commission will be invited to attend a forthcoming session of Council when recre- ation vehicles will be discussed. On suggestion of Councilman Arth appreciation will be expressed to the American Legion Post No. 247 for its gifts presented to the Recreation Department. Councilman Considine referred to animals running at large and the danger thereof. Staff will investigate and so notify the animal control authority At 10:25 p.m., Council entered an executive session. At 11 p.m., Council reconvened and adjourned immediately thereafter to 7 p.m., May 27, 1971. a _ ATTEST'? MAYOR a~4 --Z;c10 /Jc.J-d~~ CHRISTINE VAN MAANEN _ 7 _