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HomeMy WebLinkAboutNOVEMBER 16,1971 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 HEARING (Conso lida t ed Lighting District) Confirmed :f 1157 19:7958 MIN'UTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 16, 1971 The City Council of the City of Arcadia, California met in regular session on Tuesday, November 16, 1971 at 7:30 p.m. in the Council Chamber. Rev. Jerry G. Elliott, Village Presbyterian Church City Manager Lyman H. Cozad PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None On MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously the minutes of the adjourned regular meetings of October 20 and 27 and ~he regular meeting of November 2, 1971 were APPROVED. Councilman Butterworth abstained from voting on the October 20 minutes as he was on an excused absence. time scheduled for hearing protests to the formation of a Consolidated Lighting District by the annexation of certain areas. Council declared its intent to form this district on October 19 by the adoption of Resolution No. 4220. Posting and publication of the notice of public hearing has been accomplished in full compliance with requirements. Mayor Helms declared the hearing open and Charles Gilb, President of the Rancho Santa Anita Property Owners Association, Inc., inquired as to the procedure in obtaining lighting for areas which are not included in the subject District. The Director of Public Works will advise Mr. Gilb in this regard. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Arth, seconded by Councilman Butterworth and carried unanimously. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Hage and carried unani- mously that the formation be confirmed and that the City Attorney be instructed to prepare the resolution ordering the proposed improvement. Appeal from the decision of the Planning Commission in its denial of a request for modification of a free staroing sign at a Bob's Big Boy restaurant to be constructed at 1440 S. Baldwin Avenue. It was noted by the Planning Director that the requested sign exceeds the height Approved and square foot code regulations. One of the conditions of approval I - by the Commission was that all signs comply with the Code. The f~ ~~~.~ applicant has subsequently submitted a revised sign reducing the size f of the free standing sign but it includes the statue at the base of the sign. The Planning Department calculates the dimensions of the revised sign would be slightly less than permitted. That the only objection now is that there are two free standing signs. ... that is, the statue would be considered the second sign; that if it were attached to the main central post it would then become one sign and would be acceptable. 1 HEARING (Bob's Big Boy - Sign) John Barringer, 1001 E. Colorado, Glendale, representing the appli- 11-1.6-71 - 1 - HEARING CONDITIONAL USE PERMIT (Standard Oil Company) DENIED ,I) p' ~/>tl 19:7959 cant, explored the regulation sign which is used at the restaurants and the manner in which the sign was redesigned to comply with the code. It was noted' that the total area for the statue and 'the other sign would be 184' - 200' and is allowed under the code. Photographs were reviewed during his presentation. During this discussion the City Attorney read th& code definition ~f free standing signs. Eli Barovich, 18515 N. Gramercy Place, Los Angeles, representing the Serbian Eastern Orthodox Church of Christ the Savior at 1424 S. Baldwin Avenue, asked for clarification as to the exact location of the sign. He did not object to the restaurant but was concerned if the sign would block the church dome. The Planning Director explained the location at a specific place at the corner of Baldwin and Camino Real. It was noted that it would be Over 200' from the church property. 1 Lou Milosevich, 3810 Hampton Road, Pasadena, also of the church, felt the sign as proposed was not needed and made reference to other commercial enterprises in the area, However, he did not oppose the restaurant, just the sign. Mayor Helms advised that the sign conforms to the code and it cannot be denied. He felt the sign will not block the church dome and reminded Mr. Milosevich that the original proposed sign was to be 32' 6" in height, however, it had been reduced to approximately 25' and its overall area was reduced to 200 sq'. ft.' from 223.3 ,sq. ft. The Director of Public Works observed that the dome would not be blocked from the vision of the moving traffic. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the Sign Ordinance be modified in this instance to permit the revised sign pursuant to the drawing. The statue below should not exceed 4' and it must not be laterally off center. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Helms None None Appeal, filed by the Standard Oil Company, from the decision of the Planning Commission in its denial of an applic~tion for a conditional use permit to allow the construction and operation of a service station at the southwest corner of Santa Anita Avenue and Campus Drive. (Resolution No. 752). The Planning Director explained that the Commission was of the oplnlon that the circulation of vehicular traffic in the immediate vicinity of the subject site is from time to time extremely congested what with the large amount of pedestrian traffic' generated by the High 1 School and would create a condition in the vicinity which would make it unsuitable for the requested use; that the area would become hazardous to pedestrians using adjacent sidewalks and streets and that a service station at this location would not conform with the proposed General Plan. He continued that if approved the applicant proposes to construct a wall and landscape the entire perimeter of the property and would carry the same signing characters as other service stations which were recently approved by Council. Mayor Helms declared the hearing open am R. J. Silbaugh, 17792 Christy Drive, Yorba Linda, representing the applicant, supported the appeal by submitting a traffic study conducted by the Western Oil & Gas Company which gives an accident ratio of about 500 inter- sections in the City of Los Angeles and indicates whether or not a 11-16-71 - 2 - , ..' 'C " ' 19:7960 service station was located on the corners. He also submitted a study made by his company on the dates when school first opened. Other city sites were mentioned where stations were on corners similar to the subject location. He explained that he had contacted the Firemens' Fund which handles all claims against his company for personal injury and was informed that there had never been one where a vehicular- pedestrian traffic accident was caused by the existence of a station. 1 Mr. Silbaugh continued that the building on the site was occupied by a youth organization, PATH, and that the monthly rental would be returned to PATH to assist the organization in locating elsewhere. Renderings were reviewed. In conclusion he stated in part that he did not think the station would be detrimental to the high school, the golf course or the surroundings; that it was purchased under C-2 zoning wherein service stations are allowed; that the company owns the property in fee. He asked favorable consideration of the appeal and if it were denied the property could be offered to the city at the same price it was acquired by his company - $170,000. Bud Lyndon, owner and operator of the swimming pool just south of the subject site, stated in part he has no objection to the service station, however, he was concerned what would happen to the property if this application were rejected. Re referred to a Planning Commission meeting held on November 25, 1969 during which the Council Liaison to the Commission observed that due to the central location of the property and the proximity to the high school that the site should be used either for a recreational center or an auditorium - some public use. He also referred to the General Plan designation of the site for civic purposes. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Councilman Butterworth stated in part that in response to the inquiry as to whether or not the City has any plans for public use of the property the answer would be it has not; that discussions have taken place about acquiring the building but for mostly financial reasons nothing has come about; that any fee owner in the area should not anticipate that the City wants to hold the property for public use or that the city would purchase it. He continued that the applicant constructs attractive stations of high quality, ,however, it has been Council policy to sustain findings of the Planning Commission unless it can be demonstrated that it has acted in an arbitrary and ca- pricious manner. In exploring the reasons for the denial - mostly pedestrian and vehicular traffic congestion - he spoke of personal knowledge of that generated by the high school and felt the subject site would not be suitable for the requested use and he would sustain the Commission. 1 Councilman Arth, although noting that he would not participate in the vote on this matter, stated in part that companies such as the applicant realize that in most every city in California zoning must be obtained if the property is not already zoned for the use and that a conditional use permit must also be obtained. If the property is purchased or an option obtained it is realized a risk is being taken. Councilman Considine noted that the traffic count taken by the City is almost double that indicated on the charts submitted by the applicant. Councilman Rage commented that it is an unusual corner with no through traffic on Campus Drive and with the pedestrian traffic from the high school it creates a dangerous situation. He favored the Planning Commission denial. 11-16-71 - 3 - CONDITIONAL USE PERMIT (RESIDENTIAL P U D ) CONTINUED TO JANUARY l8, 1972 19:7961 Mayor Helms added that the hazard is also increased during the racing season and athletic events. It was then MOVED by Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows that the action by the Planning Commission in its Resolution No. 752 be SUSTAINED and that the appeal be DENIED. The applicant was commended on the con- sideration extended to the PATH organization. AYES: Councilmen Butterworth, Considine, Hage, Helms NOES: None ABSTAIN:Councilman Arth ABSENT: None Planning Commission Resolution No. 755 granting a conditional use 1 permit under specified conditions in the resolution in addition to those in the Municipal Code, for the use of property at 715 W. Longden' Avenue (NW cor. Longden and Baldwin) as a residential planned unit development. The vote was 4 in favor, 1 opposed, 1 abstain and 1 absent. The Planning Director explained that the site is 1.26 acres, zoned R-l, and is presently vacant except for one single-family residence. Surrounding improvements are mostly single-family residences with the exception of the adjacent property to the west where there are three single-family dwellings. He explained that originally eight dwellings were proposed, but the plan was revised la~and the applicant now proposes to develop the property with seven single-family residences pursuant to the regulations for resi- dential planned developments. Drawings were reviewed which outlined the elevations, the proposed locations of the dwellings and the surrounding improvements. Councilman Hage, liaison to the Commission, explained what had occurred during the Commission proceedings and endeavors made by the developers to meet the requirements; that they had asked for direction in the development of this property. He felt the proposal is question- able but under the circumstances it Seems to be the best use possible at the present time. Considerable discussion ensued particularly on the code requirement for 3 acreS for such development whereas this property is only 1.26 acres; that the diagram gives the appearance of an apartment house which would not be desirable. It was observed by Mayrr Helms that this is the first planned unit development to come before Council and it is unfortunate it does not conform to the ordinance; that if approved it might open the door to higher density development on other small parcels of land. The scheduling of a public hearing on the matter was suggested and one of the developers addressed Council. Harry Robinson stated in part that many efforts have been made to improve the land; that with reference to the appearance of an apartment house -- he noted that each unit will have over 1700 sq. ft., with 25' from the house to the side line with about 50' between houses which apartment houses do not have. The homes would be sold individually but with a Board of Governors to control the development. He explained why he has not been able to secure the houses to the west on Longden Avenue which if obtainable would provide more than the required 3 acres which he felt eventually would work out, but not at the present time. 1 Inasmuch as the Planning Commission is studying the planned unit ordinance to ascertain how the land should be divided, density, landscaping, etc., it was the consensus that at least the preliminary findings of the Commission should be reviewed by Council before the public hearing on this matter. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Rage and carried unanimously that the hearing be scheduled for January 18, 1972. 11-16-71 - 4 - CONDITIONAL USE PERMIT (Garage) CONTINUED TO DECEMBER 7 1 WORK ACCEPTANCE (Lighting) r> (~/j" I PROPOSED CODE AMENDMENT '- CONTINUED TO DECEMBER 7 AWARD OF CONTRACT (water meters) 1 J 1 NATURE CENTER (Alarm system) -1 /;;7~H 19:7962 Planning Commission Resolution No. 756 granting a conditional use permit to Truman P., Byrne which 'would allow an automotive garage at 86 W. Live Oak Avenue, subject to conditions specified in said resolution. The property is zoned C-M and is surrounded by other commercial uses. It was noted that the applicant proposes to operate the garage which would include body, frame and axle work along with limited radiator and motor work. ,Concern was expressed with the parking facilities as indicated and also the need for screening of some sort. The parking spaces would have to meet the code. It was the consensus of Council that additional information and a review of the subject site was de- sirable. The matter was CONTINUED until the next regular meeting, December 7. On advice from the City Manager and Director of Public Works the work as completed by Steiny and Company in the street lighting improvement in the Upper Rancho Area Job 379 was ACCEPTED and final payment was authorized in accordance with the terms of the contract on MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None With reference to the above project Councilman Butterworth observed that, although it is too late for anything to be done about it, in his opinion the lighting facilities which have been installed just are not suitable for the subject area. The City Manager submitted a progress report dated November 12 con- cerning non-conforming uses and advised that staff will arrive at some control figures in time for the next regular meeting. The matter was then continued to that date. Council received the results of bids received for supplying water meters for one year (see report dated November 3) and the recom- mendation for the award of contract. It was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the contract be awarded to the low bidder, Rockwell Manufacturing Company, in the amount of $39,204.69. It was estimated that $2200 in trade-in allowances would be received. All other bids were rejected and any irregularities or informalities in the bids or bidding process were waived. The Mayor and City Clerk were AUTHORIZED to execute the contract in form approved by the City Attorney. Funds in '71-72 Budget. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Manager recommended the purchase of an alarm system to be installed in the Nature Center at Wilderness Park. This is due to repeated thefts of valuable materials---including stuffed birds and animals. He noted several different methods of detecting entrance of persons in the building have been reviewed and recommended a system which would have the lowest cost over the life of the equipment. It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the alarm system be purchased from the Diebold Alarm Company in the amount of $602.50 including installation, telephone and tax. Said amount was author- ized for appropriation from Capital Improvement Account No. 648. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None 11-16-71 - 5 - PARKING PLACE COMMISSION APPOINTMENT (DAN JONES) /1\ ('7' P RESOLUTION NO. 4224 ADOPTED l1/~ .J? PROCEDURAL ORDINANCE WAIVED fl\ CHRISTMAS TREE STORAGE TENT APPROVED CHAMBER of COMMERCE CANOPY APPROVED ../J 1- 1 f ~ _te INDEPENDENT AUDITOR APPOINTED .f aD f ARTH 19:7963 On MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously Dan Jones, owner of the business at 25 E. Huntington Drive, was appointed to the Parking Place Commission for a term to expire June 30, 1975. Henceforth appointments to this Commission will be charged to the Responsibility Chart similar to all other Boards and Commissions. , The City Attorney presented, explained the content and read the titlJ of Resolution No. 4224, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING POSTERS RELATING TO COMMUNITY- WIDE EVENTS ON, CITY STREETS 'AT CERTAIN LOCATIONS ON A TRIAL BASIS." It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the full reading of the resolution be WAIVED and that the same be ADOPTED. 1 AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None In order to consider the following items the provlslons of the procedural ordinance were WAIVED on MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously. The request of the C. Hawkins Company for permission to erect a fireproof canopy for housing Christmas trees during the month of December at 101 N. First Avenue was APPROVED on MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously. Specific conditions were set forth in the staff report of November 16. The Chamber of Commerce had requested approval of the installation of a canopy over the Rotary Forum on its premises and an advance of the cost ($1600). This would be repaid at the pleasure of the City. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that permission be granted for the purchase and installation; that the City advance the cost to be $1600; that said amount be repaid in 4 equal installments ,payable semi-annually, commencing January 1, 1972. Title to same to be in the name of the City. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The Audit Committee, Councilmen Arth and Butterworth, reported on the retention of an independent auditor to examine the City books for the fiscal year 1971-72 and made recommendation therefor. It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the firm of Lance, Soli & Lunghard (formerly Pyle, Lance, Schlinger & Soli) be retained for said purpose at a fee of $5200 for the audit of the 1971-72 fiscal year. 1 AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Councilman Arth commented on Congressman Wiggins' (District 25) remarks at the recent conference of the Independent Cities of Los 11-16-71 - 6 - CITY OWNED LAND APPRAISAL 1JI~ I g<ty, 1 EXECUTIVE SESSION RECONVENE PLANNING COMMISSION (/' APPOINTMENT ADJOURNMENT 1 19:7964 Angeles County concerning the State Supreme Court's decision on the unconstitutionality of the use of property taxes for schools because it does not serve all citizens the same - that the same argument could be drawn for police and fire protection. He urged watchfulness. On MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows the City Manager was AUTHORIZED to have an appraisal made of city owned land at the southwest corner of First and Wheeler Avenues at a cost of approximately $500. Funds to be appropriated from Council Contingency Account. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None At 9:55 p.m., Council adjourned to an executive session in the Conference Room. At 10:25 p.m., Council reconvened in the Council Chamber. It was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that Miles Perlis, 1632 Watson Drive, be appointed to the Planning Commission for a term to expire June 30, 1975. At 10:30 p.m., the meeting was ADJOURNED SINE DIE. w~fi C/r ATTEST: a~7tk~ City Clerk 11-16-71 - 7 -