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HomeMy WebLinkAboutOCTOBER 5,1971 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I"'"""" PLEDGE OF ALLEGIANCE ROLL CALL HEARING (Marsh) t:4-oV.'P /1: 4/1' I. I :./...,f.j"y", MOTION TO APPROVE HEARING (ZONING) I f f>-J 19:7923 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING OCTOBER 5, 1971 The City Council of the City of Arcadia, met in regular session on Tuesday, October 5, 1971 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Walton W. Doering, Our Saviour Lutheran Church Councilman Edward L. Butterworth PRESENT: ABSENT: Councilmen Butterworth, Considine, Helms Councilmen Arth, Hage Application of Herbert M. Marsh for a Council Permit to allow the solicitation of merchants for advertising in coupon books which he would sell to residents with full money back guarantee. Mayor Helms declared the hearing open and Melvin Blons, 439 S. Oakhurst, Beverly Hills, spoke for the applicant who would be willing to accept a conditional type permit and would cease his operation within a 24 hour period if situations arose necessitating such cessation. He noted the past experience of the applicant and the method of operation. James Goddard, 5206 N. Halifax Road, Temple City, Arcadia Junior Chamber of Commerc~ recommended that Council permit this at least on a trial basis. 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 further MOVED by Councilman Butterworth that a Council Permit be issued subject to revocation by the City Manager if evidence indicates the solicitation is annoying to citizens or is being conducted in an improper manner. A conditional, revocable permit will be issued for a period of 40 days from the date of commencement of the solicitation. Motion seconded by Councilman Considine and carried unanimously. Recommendation of the Planning Commission (Res. No. 749) that property at 2632 S. Santa Anita Avenue be reclassified from PR-3 to C-l. The Acting Planning Director explained that the subject property is currently used as part of a service station site and the applicant (Mobil Oil Company) proposes to reconstruct and modernize an existing service station pursuant to a conditional use permit application which was filed concurrently with this appli- cation. However it has not been acted upon as yet by the Commission pending submission of revised service station plans. This area is designated as a neighborhood convenience center on the proposed General Plan and a continuation of the existing land use would not be inappropriate or contrary to the intent of said plan. Pro- jecturals indicating surrounding improvements were reviewed. Mayor Helms declared the hearing open and Mr. Goldstein, 9171 Wilshire Boulevard, Beverly Hills, advised that the revised plans are to be submitted Thursday (October 7). No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Considine, 10-5-71 - 1 - MOTION TO APPROVE HEARING (Conditional Use Permit) p; ~ I --- 19:7924 seconded by Councilman Butterworth and carried unanimously. Dis- cussion held on the revised plans which must be approved by the Commission before a conditional use permit may be issued and the rezoning ordinance could not De adopted'until',such-time. It was then MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the recommendation be sustained and that the City Attorney be instructed to prepare the necessary ordinance changing the classification. Appeal filed by the Harker Development Corporation from the decision of the Planning Commission in its denial of an application for a conditional use permit to allow the construction and operation of a restaurant and service station at 600 - 618 N. Santa Anita Avenue. The Acting Planning Director reported chronologically on the matter stating in part that the site is zoned M-l and occupied by single and multiple residential uses; that the proposal is to construct the service station and restaurant on approximately 48,000 sq. ft. He noted that parking problems were resolved but the setback and signing do not meet code requirements and that detailed landscaping, irri- gation and lighting plans need to be submitted should application be approved. He noted the irregular site configuration which is adjacent to the on ramp to the freeway. Projecturals were reviewed indicating improvements surrounding the site and the parking layout. I Mayor Helms declared the hearing open and the applicant,Ray Benson, 1006 Katella, Anaheim, stated in part that an endeavor has been in progress since 1967 to develop something as desirable as the proposed improvement, a highway oriented commercial use in the M-l zone which permits this type of development. He exhibited renderings of the two buildings which he said are unlike anything built so far by the two businesses (Sambo's restaurant and Shell Service Station). He noted the receipt of letters endorsing the development, also from the Chamber of Commerce and from an adjacent owner also endorsing. He said the site has the most traffic in the city and felt Santa Anita will carry the most traffic from the freeway interchange. He refe,red to the proposed General Plan which 'indicates this site for an R-3 use.' He could not understand this type'of zoning for a problem area and felt his development would help solve some of the problem. He noted the other commercial uses in the area and explored the endeavor. of the property owners to improve their land based on the present M-l zoning. He urged approval of his application. John Gascoyne, 610 N. Santa Anita Avenue, owner of one of the involved properties, asked Council to approve the proposed development and explored previous attempts to put something together. In the main they were all economically unfeasible until the subject development Was brought forth. He noted the discussion on September 17 when this area was studied by Council and when it was agreed that it is a problem area. Due to freeway generated traffic he felt Santa Anita Avenue iq no longer suitable for residential use. He asked for approval. I Emmanuel Vorrath, 308 Oxford Drive, owner of an apartment directly across the street from the subject site lodged opposition to the application and noted the residential properties north of the freeway; that to grant the request would be setting a precedent whereby owners On the other side of the freeway would also ask for permission to construct more gas stations which in his opinion are not needed. He asked Council to sustain the Commission1s recommendation for denial. Robin De Pry, 6 E. Newman Avenue, owner of an apartment in the area, objected to more service stations along with an objection to the proposed 24 hour service which the restaurant and the station would provide to customers; that the tenants in his apartment would be disturbed. 10-5-71 - 2 - I AGENDA ITEMS POSTPONED COLORADO BOULEVARD SIDEWALKS j'/1 ~ ? I , 19:7925 Arnold Marks, owner of 46 E. Newman Avenue, supported the Commission and stated in part that a piecemeal development is not the anSwer to the problem of the entire area. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Discussion ensued on the fact that the site is zoned M-l (permitted use) that the proposed development appears most attractive and meets the requirements of the City, howeveriit was the consensus that to approve would make the parcels to the rear between the freeway and Newman Avenue difficult if not impossible to develop; some of the property would be landlocked with no access and that it would be more desirable for the entire property north of the freeway to be developed a~ one parcel. It was acknowledged that to deny the application the subject land would probably be sterilized for an indefinite period of time, but to permit the development would in effect sterilize the balance, ~f the land and make it practically undevelopable. Mayor Helms read the section in the Arcadia Municipal Code relating to issuance of a conditional use permit and based on the reasons for the Planning Commission denial it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that the recommendation set forth in the Planning Commission Resolution No. 739 be SUSTAINED and that the appeal be DENIED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms None Councilmen Arth, Hage Recommendations of the Arcadia Beautiful Commission were postponed until the next regular meeting (October 19). Although not an agenda item Mayor Helms a~nounced that persons desiring to speak to the Colorado Boulevard sidewalk matter would be heard at this time. // Hugh Myers, 264 San Luis Rey Road, Chairman of the newly formed Santa Anita Homeowners Association, stated,that meetings had been held with city officials and proceeded with information which he hoped would alter the plans for sidewalk construction on Colorado Boulevard. A petition with 186 signatures was presented requesting Council to reconsider the project and reference was made to the State Code Sections which liberalizes the use of state gas tax funds -cities are solely responsible for deciding where and how the funds are to be used. Traffic counts taken by residents were noted by Mr. Myers. They ranged between 2,069 and 2,779 vehicles on separate days. He asked that the existing plans be modified in order to locate all improvements in the two rows of deodar trees as outlined in a plan previously submitted by the residents. Robert Scott, 618 San Luis Rey Road, stated in part that he had discussed the matter with officials outside the city and with several traffic engineers who pointed out hazards. He referred to the experience of other cities in widening methods and felt the subject process is sound, but that the street does not have to be as wide as planned. Karl Lowry, 501 San Luis Rey Road, read from the State Environmental Quality Act of 1970. In part - that every citizen has a responsibility to contribute to the preservation and enhancement of the environment.. that the Office of the Attorney General has jurisdiction over all areas concerning pollution - and can bring any action necessary to enforce the laws including the environmental quality act. 10-5-71 - 3 - 19:7925A Edward Passmore, 501 Santa Cruz Road, stated in part that the City of Monrovia does not have any knowledge of any plan or any contemplation to widen Colorado Boulevard in its city. This would be under the Select System of Streets. He then read additional sections of the Public Resources Code concerning public agency responsibility in contributing to the preservation of the environment. He referred to a tree which had recently fallen and,was propped up .. pictures were shown. He was advised that the crew in the picture was a city force not the con- tractor's. Mr. Myers concluded the presentation by stating in part that they would like to see the entire development placed within the two rows of deodar trees and that with the sound technical and engineering work on the part of city staff it would be an adequate and fine improvement. I In response to questions the Director of Public Works stated in part that Colorado Boulevard east of Fifth Avenue is 58' curb to curb width; that it continues to a point where it becomes 40' wide within the limits of the 60' right of way. That he has no information as to future plans of Monrovia; that it does have a serious right of way problem. He noted traffic counts taken by the city at the subject site indicating a directional traffic volume of 4700 vehicles and a non directional count of 5,060 vehicles. Warren Seike of Lampman and Associates, 300 Pomona Mall West, Pomona, engineering consultants, stated in part that his firm had done the Traffic Operations Program for the city on the Select System of Streets; that traffic counts had been taken along with speed and delay surveys; that the results of the survey are in report form and in the hands of the city. He referred to his first reaction in reviewing the plans for the subject area.... why was not the County master plan being followed in which the secondary highway would have a 64' curb to curb width. From the plans it was obvious that the City had realized the importance of saving the deodar trees and had compromised by calling for a 56' wide street. In his opinion this was a good choice as it provides for future traffic volumes. Projections for 1980 on Colorado Boulevard are from 10 to 12 thousand vehicles. He also felt the proposed property line sidewalks are an important safety factor. It keeps children as far away as possible from the street and moving traffic. He would not suggest using the parking lane as a bicycle lane, but it does provide space. Mr. Seike further explored the hazards connected with a 46' street; that there would be irregular curblines adjoining existing curbs for instance; pedestrians would be forced to use the sidewalk which would be adjacent to the curb and too close to traffic; the possibility of having left-turn channelization would have to be eliminated; parking would not be possible. He commended the city staff in trying to preserve the trees and still provide for future traffic and pedestrian safety. Jack Nixon, 625 Santa Maria Road, m ~de reference to provisions for safety of the children and bicycle riders at the underpass; which section also needs widening. Council concurred in this observation. I Discussion ensued with Mr. Passmore participating along with Julian Crosby of 429 Santa Rosa Road concerning driveway parking and instances where roots have uprooted the cement which had to be replaced; that this does not appear to be safe for the children. Mr. Crosby felt that inasmuch as the area is posted 30 mph and with proper policing there should not be excessive speed which would endanger the children on the sidewalk if it were placed at the curb line. James Marshall, 631 N. Santa Rosa Road, propounded questions of Mr. Seike --- when were the traffic counts taken, during the race season? Would not two 12' lanes with 8' parking adequately carry 8 to 12 thousand vehicles per day? Mr. Sieke replied in part that he has toured the area, has observed children all along Colorado Boulevard; 10-5-71 - 4 - . , 19 :7925B that the referred-to width is not in keeping with the Select System of Streets; that the 40' width with 8' parking would carry the present vehicles, b~t traffic projections go higher than that and may increase; that when a major street is being designed one must make the best judgement he can on anticipating future needs. I Concerning the driveway parking the Director of Public Works stated in part that this would be a major concern if there were a high pedestrian vol~me; that it is illegal to park a car in a manner that blocks the p~blic parkway but with the proposed width and adequate street parking he could not foresee problems. He noted the gutter installation will vary from tree to tree and noted some of the locations. He continued that the sub-contractor has concl~ded that he wo~ld prefer not to do heater remix under the deodar trees and a standard type coat and res~rfacing will be done instead. He also stated that in discussions with Arboretum officials relating to damage which may be done to surface feeder roots it was recommended that they be cut off square and sealed which the City intends to do in further efforts to preserve the trees. They also reviewed the plans and have investigated the trees on the site. Traffic counts will again be taken during race track peak hours~ which is in accord with the state premise for design purposes. That the traffic projection on a normal day is approximately 10 tho~sand vehicles per day, which may be low or it may prove to be high. Mayor Helms explored where the situation rests procedurely; that Council had previously voted with a full Co~ncil present to instruct the Director of Public Works to proceed on the 56' wide street premise and the contract was awarded on that basis. That a communication has been received from the con- tractor stating in part that any further delay will result in additional costs and damage to him. He asked Council if it desired to modify or change the program. Councilman Considine stated in part that he had met with some of the residents and had heard their suggestions and concerns; that Council in his mind has not been unmindful of their apprehensions. That ,from the testimony he did not see where it would be in the best interests of public health and safety to reduce the .street width or to eliminate the parking; that he would not modify the program at this time; that he would not want to jeopardize the safety being created for the citizens nOw because of temporary concern of the width of the street. Councilman Butterworth observed in part that Council would be less than human if it didn't want to agree with a group of citizens who feel as strongly about a situation as these residents do. However, he was convinced that a 56' street is not going to injure or destroy the trees; that Council has been cognizant of trees in this community for years - long before the ecology attitude developed; that this has been evidenced by the City when it reduced the width from 64' to 56'; that there is reasonable relationship to the need for a 56' street for the safety of children and adult pedestrians. If there were any reasonable belief that the trees would be destroyed that would be something else again. Of course Council has an obligation to contribute to the quality environment, however, based on the need for giving tho~ght to a select system that contemplates the fut~re, he would not be willing to modify a motion which was considered by the full Council. I Mayor Helms stated in part that at the time Council voted to go ahead with the 56' width he was convinced that the need existed; that he too had met with some of the residents and after discussing their problems with them he was still openminded as he came to this meeting. That bearing the responsi- bility of decision in matters concerning your friends and neighbors is difficult, however, he is convinced plans for the future must be made and altho~gh it is a type of decision Council does not like to make it must be recognized that the fact of the future must be faced and that the best j~dgment must be accepted; that in his opinion the only thing to do is to proceed with the program as it is presently constituted. Councilman Considine added that Co~ncil appreciates all the evidence presented; that although Council did not agree it has listened and considered all the evidence and sincerely hopes that the association will continue its activities in civic affairs and take an interest in all city programs. Mr. Myers also expressed appreciation to Council for its consideration and co~rtesy. The Association will receive the agenda henceforth and forth- coming items of interest were explored. 10-5-71 - 5 - CENS~/ (: -joD ADVERTISE FOR BIDS (Li br ary) .f- "('I. .J( AGENDA ITEM POSTPONED v' HAULING DEBRIS FLOOD CONTROL ./ l-, './. /VA"! ,',.' f STREET CLOSING P' ,,';, . ,/ WATER MAIN REPLACEMENT l' /;J ,-I( , NATIONAL LEAGUE OF C ITIE S ,.c:; ?/-.. ('. TOWNE CENTRE (Parking) #' --;r /f~ (~ ' .", . I 19: 7926 Council received information from the U. S. Department of Commerce that the city population should be 43,237 instead of the prior published figure of 42,868. On recommendation of the City Manager and the Director of Public Works it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the plans and specifications for the lighting of the west parking lot at the library be approved that that the City Clerk be AUTHORIZED to advertise for bids to be returned October 18 with recommendation to Council thereafter. The request for permission to advertise for bids for Phase VI of the I Sidewalk Program was continued until the next regular meeting (October 19) . On MOTION by Councilman Considine, seconded by Councilman Butterworth and carried unanimously the request of the Flood Control District for a two-week extension of the hauling permit granted by Council at its September 7 meeting was APPROVED subject to all previous conditions of approval. On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously the request of Gerald D. Zaslaw for permission to temporarily close Santa Cruz Road for a n'eighborhood block party on October 10 between 3 p.m. and 7 p.m., was APPROVED subject to con- ditions set forth in the report of the Director of Public Works dated October 1, 1971. On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows the retention of Consulting Engineer Kenneth I. Mullen for the preparation of plans and specifi- cations for the replacement of a 14 inch water main in Longden Avenue with a 20 inch main and the extension of the Baldwin Avenue 24 inch transmission main was AUTHORIZED. Council submitted that the work in Baldwin Avenue be completed at one time to eliminate the street being torn up again. Funds are provided in the Water Department Budget, Major Projects, 470.70.1 and 470-71.1. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms None Councilmen Arth, Hage On MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously Mayor Helms and Mayor Pro Tempore Hage were designated as voting delegates to the annual business meeting of the National League of Cities. This meeting will be held November 28 - December 1, 1971 in Honolulu, Hawaii. I Request of Union Realco to have that portion of the Towne Centre property located between the vacated alley and Santa Clara Street annexed to the Vehicle Parking District No.2. This was a condition of the sale of the property. The remainder of the property between the vacated alley and Wheeler Street is already within the District. It was noted that pursuant to the Parking District Law of 1943 Union Realco must pay to the City an amount the property would have been assessed and taxed under all prior assessments and special ad valorem tax levies in the District if the property had been a part of the 10-5-71 - 6 - I HOLD-HARMLESS AGREEMENT WITH SCHOOL DISTRICT ./ i7S~,f AGENDA ITEM POSTPONED --- ORDINANCE NO. 1439 ADOPTED P. <1 - . ")-, '''''-'/1 ?.J, ... . /:&1 ORDINANCE NO. 1440 ADOPTED p.Jn~j I RESOLUTION NO. 4221 ADOPTED ,./ 19:7927 District when formed. The Engineer's estimate together with the Finance Director's estimate is a total of $11,750.91 which must be paid to the City prior to Council approving the annexation request. The Parking Place Commission must approve the request prior to it being granted, whereupon it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the request be ref~rred to the Parking Place Commission for recom- mendation! Communication fro~ the Arcadia Unified School District requesting a hold-harmless agreement with theCity as a condition to the continued use of the football field at the high school by the model rocket club sponsored by the 'City Recreation Department. Following considerable discussion on the safety measures in connection with this activity it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that the City Attorney prepare an agreement indemnifying the School District against any liability arising out of said use; and that in th~ event of any mishap same shall be re- ported promptly to the Council. Traffic report on Duarte Road at El Monte and Santa Anita Avenues continued until the next regular meeting (October 19). The City'Attorney presented for the second tLme, explained the content and read the tit le of Ordinance No. 1439, entit led: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA RECLASSIFYING PROPERTY KNOWN AS 515 WEST DUARTE ROAD AND 1103 LA CADENA AVENUE FROM R-l TO R-3, AND RECLASSIFYING PROPERTY AT 33 MORLAN PLACE FROM C-l & D TO C-2 & D, AND RECLASSIFYING ALL PROPERTY WEST OF BALDWIN AVENUE AND NORTH OF FOOTHILL BOULEVARD FROM R-O TO R-O & D." It was MOVED by Councilman Butterworth, seconde~ by Councilman Cons.i dine and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1439 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms None Councilmen Arth, Hage The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1440, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,RECLASSIFYING PROPERTY AT 117-165 EAST DUARTE ROAD FROM C-l TO C-2 ZONE." 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. 1440 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms None Councilmen Arth, Hage The City Attorney presented, explained the content and read the title of Resolution No. 4221, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HONORING THE TELEPHONE PIONEERS OF AMERICA." ' It was MOVED by Councilman Butterworth, seconded by Councilman 10-5-71 - 7 - SISTER CITY APPOINTMENT /' RESOLUTION Sister City invitation -/..-/' Q '/ ., SISTER CITY Officials to vis,it # f);...,.r r. ADJOURNMENT 19: 7923 Considine and carried on roll call vote as follows that the full reading of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Helms None Councilmen Arth, Hage Councilman Butterworth advised that Patrick Randolph was unable to serve on the Sister City Commission due to business reasons and on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously Mrs. Harold (Jane) Shepherd was appointed. This term is for four years and will expire June 30, 1975. I The Resolution of Invitation tendered by Mayor Helms to the City of Jogjacarta, Republic of Indonesia, to become a Sister-City, was RATIFIED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Councilman Butterworth advised that word has been received that the Tripolis, Greece officials are definitely to visit, however, the date is unknown at this time and arrangements will await the definite time. At 10:20 p.m., the meeting was ADJOURNED SINE DIE. ATTEST: ~~!,~ City Clerk I 10c5-71 - 3 -