HomeMy WebLinkAboutJULY 20,1971
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
19:7869
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JULY 20, 1971
The City Council of the City of Arcadia, met in regular session on
Tuesday, July 20, 1971 at 7:30 p.m. in the Council Chamber of the
Arcadia City Hall.
Councilman Robert J. Considine
Councilman C. Robert Arth
PRESENT:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
On MOTION by Councilman Considine, seconded by Councilman Butterworth
and carried unanimously the minutes of the adjourned regular meeting of
June 29 and the regular meeting of July 6 were APPROVED.
RECOGNITION ~ Mayor Helms presented resolutions of commendation to Bill and Dean
Shipman, ages 8 1/2 and 10 respectively, for their voluntary efforts
in cleaning up the debris left on the library grounds on July 4.
HEARING
POSTPONED
TO ___
OCTOBER 5 Y
HEARING
LOT SPLIT
I DENIED
p,' ~L
), #;L
, ~I" . -
Appeal from the decision of the Planning Commission for denial of an
application for a conditional use permit to allow a restaurant and
service station at 600 - 618 N. Santa Anita Avenue. Upon being informed
that the applicant has requested a postponement in this matter it was
MOVED by Councilman Butterworth, seconded by Councilman Hage and
carried unanimously that it be rescheduled for October 5. It was noted
that the Commission denied the conditional use permit for the reason
that the use proposed by the General Plan for the subject area was in
conflict with the requested use and it was felt by the applicant that a
delay would give the Council an opportunity to consider that particular
portion of the General Plan which affects the subject property.
Appeal from the decision of the Planning Commission for denial of a lot
split at 300 W. Fairview Avenue. The Acting Planning Director explained
that the applicant proposes to create two parcels from an existing R-O
zoned lot; that the proposed lots would comply with the minimum re-
quirements for depth and area but are substantially below the width
requirement for R-O zone, i.e., they would be 80' whereas they must be
100' to comply. He stated in part that it is the department's con-
viction that in reaching a department or commission recommendation
no attempt should be made to provide greater profit margins to potential
developers by waiving certain requirements. He noted a similar opinion
borne out by the State Supreme Court.
Projections were then reviewed indicating that proposed Parcel 1 meets
all of the code requirements and Parcel 2 reflects an 80' frontage which
is less than required. One way to meet the requirement was explored
which would entail the relocation of the existing garage.
7-20-71
- 1 -
HEARING
SCHEDULED
v'
CONDITIONAL
USE PERMIT
RATIFIED
JY /1 J~
--J
19 :7870
Mayor Helms declared the hearing open and Gordon Maddox, 1510 os. Baldwin
Avenue, realtor and in the engineering business, referred to a letter
to Council in which reasons for the appea+ were set forth; that efforts
were made in planning to preserve the existing gqrage on one of the lots,
maintaining the required setback.
Also an effort was made to include and preserve for the use of Parcel 2
the existing swimming pool and pool decking. Mr. Maddox stated in part'
that to relocate the garage would create an unnecessary. financial
hardship on the property owner and developer and explored the steps
involved in complying with that requirement. He noted that there is no
objection on the part of the adjacent property owners and felt that the
lot split if granted would enhance the neighborhood as the oversized
exposed rear yard would then be eliminated. He concluded his remarks
with an appeal for a reversal of the Commission's denial.
I
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Butterworth, seconded by Councilman Rage and carried unani-
mously.
The City Attorney pointed out that the Municipal Code requires a 100'
frontage as previously submitted; that any variation therefrom can be
adopted by the Council either upon recommendation of the Commission or
in the exercise of its discretion after proof of necessity has been
established. The Planning Director stated in part that all of the lots
on Park Avenue are 100' wide or better.
Councilman Considine observed in part that there is a uniform develop-
ment of 100' lots along Park Avenue on the east side and this would be
the one property facing that side; that it would be a shame to break
the code to save a garage, which to him is not as important as the
appearance of the overall street. That there appears to be ample room
on the lot to relocate the garage; that he would be inclined to sustain
the Commission.
Councilman Hage agreed with this observation.
Councilman Arth submitted that the homes on the opposite side of Park
Avenue are all 100' and those on Fairview Avenue are all 90'; that the
entire situation is difficult.
Mayor Helms agreed hut because more onerous restrictions have been
imposed on other developers than the moving of a garage and considering
if it were permitted it would be non-conforming with the residences in
the immediate area he felt he could not be in favor of the lot split;
that hardship is not sufficient justification to make'such a change.
Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman
Considine and carried on roll call vote as follows that the decision of
the Planning Commission be and it is hereby SUSTAINED and the appeal
denied.
I
AYES:
NONE:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
September 7 was scheduled for the public hearing on the Planning
Commission recommendation for classification of certain properties into
the "D" Zone (Upper Rancho area). Reso lut ion No. 740.
On MOTION by Councilman Hage, seconded by Councilman Considine and
carried unanimously the conditional use permit granted by the Planning
Commission for the continued use of property at 501 N. Santa Anita
Avenue as a Christian High School was RATIFIED. Resolution No. 741
7-20-71
- 2 -
HEARING
GENERAL PLAN
(Start of
Review)
I-I/f)::)
I
I
MEETING
SCHEDULED ~
WAB&PA
EVENT APPROVED
#: pre
19:7871
grants the permit for a five year period subject to continued compliance
with all applicable regulations of the Municipal Code and those specified
in said resolution.
Time scheduled for the start of the review of the preliminary General
Plan as prepared by Simon Eisner and Associates and recommended for
adoption by the Planning Commission. The tentative schedule and scope
of items to be considered at those times was ADOPTED on MOTION by
Councilman Considine, seconded by Councilman Hage and carried unani-
mously.
Mayor Helms declared the hearing open and deliberations ensued on the
"Statement of Goals" with Stan Eisner and the Acting Planning Director
participating. Following extensive discussion on each item the following
IIStatement of Goals" was agreed upon at this point in the considerations:
1. To preserve and enhance the high quality residential areas
throughout the City, emphasizing the City's dominant single
family character and quality.
2. To preserve and enhance to the maximum extent possible the
natural and man-made scenic beauty of the City.
3. To designate adequate commercial areas to serve the needs of
the City and to control the development of these areas in such
a manner as to encourage their optimum compatibility with
adjacent residential areas.
4. To designate adequate specialized industrial areas to serve the
needs of the City and to control the development of those areas
in such a manner as to encourage their optimum compatibility
with adjacent areas.
5. To provide needed community cultural, educational and recreational
facilities and all other public facilities necessary for the health,
safety and general welfare.
6. To develop and improve a safe, convenient and efficient circulation
system including sidewalks, streets, street lighting and public
transit.
(Be it noted that Items 2, 8, 9 and 10 of the Plan were deleted or
amended as above.)
Brief reference was made to the need for a provision in the "Statement
of Goals" to cover the County such as the Arboretum, the County Park
and the like. The Acting Planning Director will develop further
provisions for Council consideration along the lines suggested. The
next review scheduled for consideration on August 3 will be of the Land
Use Elements: residential, commercial and industrial.
August 24 was scheduled for Council to meet for the purpose of declaring
its intention to payout of its municipal funds the amount of taxes to
be derived from the area of the Metropolitan Water District within the
City - such amount shall be fixed in August by resolution of the District.
The tax rate may also be set at the same meeting.
On MOTION by Councilman Hage, seconded by Councilman Arth and carried
unanimously the West Arcadia Business & Professional Association was
granted permission subject to compliance with all regulations to conduct
an event with a circus atmosphere August 19 - 21.
7-20-71
- 3 -
INDEPENDENT V
CITIES
CITY SEAL
USE
11:j?{(
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19: 7872
Council received information that Councilman Arth will now replace
Mayor Pro ,Tempore Hage on the Board of Directors of the Independent
Cities of Los Angeles County.
./'~. .
Council received a communication from the President of the local Chamber
of Commerce requesting Council to review its posit~on taken at the
June 15 meeting - Council denied the request of the owner of the
Arcadia Directory Company for permission to use the new City Seal on
the front cover of its telephone' book. This action carried a 3 to 1
vote with Mayor Helms absent. Councilman Butterworth referred to the
vote and submitted that action had already been taken on the matter;
that circumstances had not changed. Mayor Helms noted his absence from
said meeting and asked whether or not it was the desire of Council to
reconsider the matter at this time. It was MOVED by Councilman Hage,
seconded by Councilman Arth and carried on r~ll call vote as follows
that the matter be reconsidered:'
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms
Councilman Butterworth
None
Whereupon James W. Clark, dba Arcadia Directory Company, 216 S. First
Avenue, asked for reconsideration; that he had not attended the meeting
as he had used the seal for the last four editions and did not think
there would be any question. He stated in part that the company is
identified as the publisher and no attempt has ever been made to
associate with the City in an official way, only to identify with the
community. He submitted names of cities which permitted the use of
their seals and asked for a favorable decision.
Councilman Butterworth stated in part that the directory is a private
product sold for profit; that it is a fine publication and one that is
needed and used in the community, however, in his opinion, the seal
belongs to the people of the city, and noted that the seal of the United
States and that of the State of California cannot be used on any private
document or product of any nature. He felt there are many ways in which
a company may identify with a community without using the seal of the
city which is supposed to be used only for official documents and not
for commercial purpose. He continued in part that in his opinion a
precedent would be set if this were permitted and it would mislead
people into thinking that the publication had the official stamp of
approval of the City. That in his opinion Council could not act in a
discriminatory manner - that 'if this request were granted Council would
be bound to honor substantially any others - and. for these reasons he
would not change his vote.
It was noted during the deliberations that the only other use of the seal
is by the Chamber of Commerce and the business in question.
Mayer Helms agreed to a point, but felt there is an overriding interest I
in the subject case; that the public has an interest in the directory;
that it serves the city in a special way - utilized by all the city
services. That it provides an identity with the city which cannot be
achieved in any other way unless the City publishes such a directory
itself. That in his opinion it is more than a private publication or
,
private business enterprise and that he could find no justification for
denial; that he would be willing to authorize the seal for this particu-
lar use only arid any use by other sources would be at the pleasure
and/or discretion of the Council.
Councilman Arth observed in part that the emblem currently used on the
directory appears almost identical with the new city seal; that he would
prefer the true one be used instead of something similar. And further
he felt it would afford an opportunity for the residents to become
familiar with the new seal because this telephone directory is used more
than the one put out by the Pacific Telephone Company inasmuch as it is
exclusive to the city in its listings. '
7-20-71
- 4 -
I
CONTRACT
AWARD
(LIGHTING
UPPER
RANCHO)
1,./~6-/
I
ACCEPTANCE
OF WORK
(Landscaping
Second Ave.)
:I 1.(37
.':
19:7873
In answer to an inquiry by Councilman Hage the City Attorney advised
that legally it is within the purview of Council to grant the use of the
seal; that it could deny the use to other companies if there were
reasonable basis for such discrimination; that it would be within the
judgment of the Council. He continued that the primary function of a
seal is to give official status to documents; that the Business and
Professions Code protects seals of corporations but also provides that
a corporation may consent to its use; that if a seal were used for the
purpose and intent of making a publication appear official when in
actuality it was not, then it would be a forgery under the Penal Code.
Councilman Considine commented in part that he has noticed a facsimile
on service club banners, programs and the like and wondered if they
were using the actual seal or an emblem; that although the directory in
question identifies with the city still he could see fridentified with
other city publications. He continued that he had mixed emotions in
this instance because the new seal does resemble what used to be the
emblem; that there will be confusion as to just which is the official
seal if it were permitted to be used on the directory. He stated he
was inclined to agree with Councilman Butterworth in its use because,
in his opinion, a city seal is only for official documents.
Councilman Arth then MOVED to grant permission to James W. Clark to use
the official city seal on the front of the telephone directory in question.
Councilman Hage seconded the motion with the comment that he did so due
to the fact that there is such similarity between the seal and the
emblem that the residents would think they are one and the same anyway.
Mayor Helms called for the roll call vote:
AYES:
NOES:
ABSENT:
Councilmen Arth, Hage, Helms
Councilman Butterworth, Considine
None
The City Manager and the Director of Public Works submitted the following
results of bids received for the street lighting improvement of the
Upper Rancho area Job No. 379 and recommended the award of contract to
the low bidder.
Steiny & Company
Smith Electric Supply
Fischbach & Moore
$26,446.00
28,975.00
29,879.00
It was MOVED by Councilman Arth, seconded by Councilman Butterworth and
carried on roll call vote as follows that the contract be awarded to
Steiny & Company in the amount of $26,446; 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 and they
are hereby AUTHORIZED to execute the contract in form approved by the
City Attorney; and further that the $21,000 earmarked for said street
lighting and $8,350 earmarked for intersection lighting ($29,350 total)
be appropriated from the Reserve for Capital Projects Account to
Capital Improvement Project No. 269.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
On recommendation of the City Manager and Director of Public Works it
was MOVED by Councilman Considine, seconded by Councilman Arth and
carried on roll call vote as follows that the landscaping of the islands
in Second Avenue as completed by Duke's Landscape Service be ACCEPTED
and final payment AUTHORIZED in compliance with the terms of the contract.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
7-20-71
- 5 -
TOPICS
Study
Accepted
j-Io 9.7'
I
STREET
IMPROVEMENT
(Huntington
Drive Median
Strip)
/(/~, ,/I
STREET
IMPROVEMENT
(Sunset Blvd.)
;"//7fJ'
SHORELINE
PRESERVATION __
RESOLUTION
NO. 4211 t.--"
ADOPTED ___
I ABSENCE ,.--
APPROVED
I (Butterworth)
, 1? .4. -p.
CITY OWNED
LAND SALE
(1103 La Cadena)
:1- ~/::e-fl
19:7874
Council received information that Lampman and Associates will complete
the Topics Study Report during the month of September. It is to contain
a list of recommended Topics projects to be constructed under the
Program with 71.3% of the cost paid from Federal Topics funds and the
balance from State Gas Tax Funds. The signal installations which were
chosen as high priority locations were indicated with the approximate
costs of each. These projects will be submitted to Council for approval
at a later date.
Council received the report of the City Manager and the Director of
Public Works in connection with the proposed construction, beautifi-
cation and illumination of a median strip on Huntington Drive between
Second and Fifth Avenues. Council felt staff should proceed, however,
an opportunity will be provided for the persons involved along
Huntington Drive to be heard on the matter. It was brought out during
the discussion that those involved are about evenly divided in favoring
and opposing the project.
It was MOVED by Councilman Hage, seconded by Councilman Butterworth
and carried unanimously that staff be AUTHORIZED to develop plans and
specifications as outlined in the report dated July 16, 1971.
It was noted by the City Manager and the Director of Public Works that
a communication had been received from the Pacific Telephone and Telegraph
Company, dated July 14, in which the City had been asked to supply the
trench in the undergrounding..of utilities in the Sunset Boulevard public
right-of-way between Huntington Drive and Duarte Road. Council re-
iterated its prior decision not to finance the trench and to request
the telephone company to continue its fine good will which it has shown
the city in the past and to cooperate to enable the project to be
carried to its early completion.
Council expressed strong support for Senate Bill 1483 which embodies a
coordinated approach to coastline conservation for the State and placed
such support in a resolution to be forwarded to the Legislature.
The City Attorney presented, explained the content and read the title
of Resolution No. 4211, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA AFFIRMING CERTAIN PRINCIPLES FOR SHORELINE
PRESERV ATWN. "
It was MOVED by Councilman Butterworth, seconded by Councilman Hage
that the full reading of Resolution No. 4211 be waived and that same
be ADOPTED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
It was MOVED by Councilman Arth, seconded by Councilman Hage and carried
unanimously that Councilman Butterworth be excused from attending
meetings during the month of August. Mr. Butterworth will be out of
the country.
The City Manager advised that the proposal to option the city-owned
land remaining from a lot purchased for the improvement of Arcadia
Avenue (southwest corner of Arcadia and La Cadena Avenues) had been
previously reviewed by the Land Committee and an option agreement had
been approved as to form by the City Attorney. Total amount to the
City - $26,000 - terms set out in the option agreement.
7-20-71
- 6 -
WHOLESALE
I MEAT BUSINESS
( 9 Genoa
Street)
II! 1il2~
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7'
..f j'-:/V' /
{w' I.
,
ORDINANCE . .~
NO. 1433 c..--
INTRODUCED
I SANTA ANITA
AVENUE t:.---
APPOINTMENTS
TO BOARDS AND/OR
COMMISSIONS
19:7875
It was MOVED by Councilman Considine, seconded by Councilman Arth and
carried on roll call vote as follows that the land sale be AUTHORIZED
pursuant to the financial terms of the option agreement; that the buyer
accept the property as it is presently zoned and that he acknowledges
that the City has made no representations whatsoever as to the future
zoning of the property.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Helms
None
None
Council received the report of the City Attorney concerning operations
of the Trim'n Rite Meat Company at 9 Genoa Street. The zoning history
of the subject location was explored as were the various owners and
operators of the business. It was noted that although a wholesale meat
business was conducted from 1949 to 1960 the record indicates that no
such business was conducted from 1960 to 1968 and this discontinuance
would legally prevent any future use of the property for wholesale
meats.
Complaints were investigated and it was found that extremely large
trucks are used; they arrive early in the morning hours of certain week
days and sometimes with the refrigerator motors in full operation. The
noise is disturbing to the residents in the area and an undue amount of
maneuvering is required to park the trucks which presents a certain
hazard to any fire truck dispatched to an emergency from the Fire
Department headquarters located directly across the street from said
operation. The present use being incompatible with the adjacent R-3
uses it was MOVED by Councilman Considine, seconded by Councilman Rage
and carried unanimously that the report of July 16 setting forth the
dated conditions that exist be ACCEPTED and the City Attorney be
AUTHORIZED to take steps to stop the further use of said property for
a wholesale meat business.
The City Attorney presented, explained the content and read the title
of Ordinance No. 1433 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE TO REZONE
CERTAIN PROPERTY AT 855 SOUTH BALDWIN AVENUE FROM ZONE R-3 TO ZONE
PR-3. "
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows that the full reading of Ordinance
No. 1433 be waived and that same be INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
Councilman Considine referred to the condition of Santa Anita Avenue
and was advised by the City Attorney and Director of Public Works as
to what steps are now in progress to effect i~s repair.
\
All of the following appointments will terminate on June 30, 1975:
Arcadia Beautiful Commission
Mrs. William Appel
Mrs. Charles Beatty
Ernest Hetherington
Frank Regan
Civil Defense and Disaster Board
Ray M. Rogers
Richard Hunter
7-20-71
- 7 -
I
PROCEDURAL
ORDINANCE
WAIVED
LAND SALE
(Santa Clara
Avenue)
19 :7876
Library Board
Mrs. Donald Camphouse
Personnel Board
W. Gerald Driscoll
Planning Commission
Irvin I. Livingston, Jr.
Sister City Commission
Theodore J. Brodhead (for
retiring Commissioner
Robert Campbell)
(NOTE: One more appointment is to be made to this Commission.)
In order to consider the following item the provisions of the Procedural
Ordinance were WAIVED on MOTION by Councilman Hage, s~conded by
Councilman Arth and carried unanimously.
/
The City Manager explained the details in connection with the suggested
sale of the triangle of City owned land between 21 Morlan Place and
Santa Clara Avenue to Ellsworth T. Dahlgren, owner and o~rator of the
Arcadia Dome at said address. Total price is $4,807.60 with $500 down
and payments to extend over a period of five years with interest on the
balance at 7 1/2%.
Council concurred in the sale and it was MOVED by Councilman Considine,
seconded by Councilman Arth and carried on roll call vote as follows
that bhe sale be consummated as outlined and a Grant Deed be delivered
to the buyer with a First Trust Deed and Promissory Note to be executed
by him and held by the city.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Helms
None
None
ADJOURNMENT/ At 10:05 p.m.,
1
the meeting was ADJOURNED SINE DIE.
ATTEST:
~~~40
Christine Van Maanen
7-20-71
- 8 -