Loading...
HomeMy WebLinkAboutJULY 20,1971 / , CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK --" 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?{( tA" " ./, _. ' ;/ f I 1,.r........~ " !/ 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~ /J: ,.t~;:"-:f: , 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 -