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HomeMy WebLinkAboutJANUARY 4,1972 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1'""00"''' PLEDGE OF ALLEGIANCE ROLL CALL I HEARING (Eaton property) .11 ~J 19:7991 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 4, 1972 The City Council of the City of Arcadia, met in regular session on Tuesday, January 4, 1972 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Spiro Pieratos, Greek Orthodox Church of Pasadena and San Gabriel Valley Mayor James R. Helms, Jr. PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None Mayor and Mrs. Dimitrios Soundris of Tripolis, Greece, Arcadia's Sister City, were cordially welcomed. They were seated with the Council. Mayor Helms made many presentations - from Governor Reagan, State Senators and Assemblymen. The Los Angeles County Board of Supervisors joined with the salute to the distinguished visitors. Councilman Butterworth spoke to the fond memories the City will cherish as a result of this privilege to have them in our community for a few days. He then presented a Resolution signed by the members of the City Council making Mayor and Mrs. Soundris honorary citizens of the City, the State and the United States. Mayor Dimitrios responded with presentations of gifts with historic value, one a handsome ornament worn on the uniforms during the Greek Revolution of 1821. These wilL be publicly displayed. He then presented a City of Tripolis Resolution as follows: "The City Council of the historic City of Tripolis on this occasion of the visit of our Mayor, Dimitrios Soundris to its Sister City, Arcadia, California, USA, in December 1971, in return for the trip of its 165 outstanding citizens to Tripolis in the year 1970. The warmest feelings of friendship and love of the people of the City of Tripolis toward the people of the City of Arcadia. Feelings which were borne by the inspired initiative of their fraternization, thus joining symbolically to great, free and democratic peoples of the United States of America and those of Greece. It wishes a more essential tightening of the relations between sister cities can take place through nice ideas, initiatives and manifestations so that under the inspiration of the unabolished powers of friendship and freedom they can continue to the strengthening of love, peace and progress. This was dated November 9, 1971 and signed by all members of the Tripolis City Council and its City Clerk." Mayor Helms then presented several volumes of the book titled "My Country USA" which may be used in the Tripolis Library or the schools, and once again expressed deep appreciation for the gifts and extended the hand of friendship to the City of Tripolis from the City of Arcadia. Planning Commission recommendation concerning existing variances on property at the southeast corner of Colorado Boulevard and Michillinda Avenue. The Planning Director explained the contents of 1-4-72 - 1 - 19:7992 Resolution No. 758 adopted by the Commission on a 4 to 2 vote on November 23, 1972 wh{ch would make the present uses of the so-called Eaton property and the buildings thereon non-conforming. It also provided for the abatement of said uses on or before 20 years from the effective date of an ordinance which would have to be adopted; that if at any time before said time a bona fide business is not conducted on any of the property for a period of 12 continuous months the non- conforming uses of the particular property where the business is not so conducted shall be terminated and the buildings would have to be removed or structurally altered to comply with regulations under the R-l zone. An extensive analysis of the background of the variances was submitted to Council in a report from the Planning Director dated January 4, 1972. The Director submitted three alternatives to the recommendation: 1. For the immediate abatement of the use which in his opinion would eliminate the tendency for the property to decline over the 20 year period. 2. Defer action allowing the existing uses to continue under the conditions of the existing variances. 3. Allow limited commercial uses in conjunction with a low density residential development on the major portion of the property to be planned in such a way that the commercial use would not be a detriment to existing or future resi- dential in the surrounding neighborhoods. He continued that it would be his recommendation that the Council not subject the property to the abatement period as suggested by the Commission, but allow the property owner the opportunity to reassess his position and perhaps his asking price; that the City should remain open minded as to the future of the property and the possible development along the lines mentioned in alternate 3. I HEARING OPEN May~ Helms declared the hearing open and no one desired to speak in favor of the Commission recommendation, whereupon Philip Williams, Vice President of Finance for the owner of the property, Times-Mirror Company, expressed concern that after 32 years in the community the property is being recommended for restrictive provisions and questioned the legality of such proceedings which would divest the owner of the legal right to use the property in a manner currently permitted. In exploring the history of the property he noted that the restaurant in particular was a popular attraction in the city but due to circum- stances in 1969 the Internal Revenue Service had to bring claim causing the facility to close. Mr. Williams noted efforts to sell or lease the property with the price determined by real estate experts. He felt the lack of success was due in large part to conditions beyond their control - - the construction of a portion of the new freeway which lies directly across the northerly boundary and the economic climate during the 'past two years. He said the price of $2,500,000 is the asking price and they would consider anyreasonable offer; that they do not want the property to remain vacant as it is costly to maintain. He concluded by stating in part that the city would still have the power to regulate I and fully control the manner. in which the property would be used. He asked Council not to interfere with their efforts to secure high quality tenants who would still have the obligation and burden to come to the city to determine that any proposed use was proper and the best use for the property. Ray Curran, attorney for the Times-Mirror Company, stated in part that he had been requested to review the action of the Commission and advise them with respect to the legality of the action. He explained efforts to find some precedent which they could bring to Council but had been unable to find any instance where an attempt was made by a city to change a longstanding variance into a non-conforming use other than by an amendment of a zoning ordinance or the enactment of a new 1-4-72 - 2 - 19:7993 zoning ordinance. He continued in part that a variance is a very special use not a change of zone, and felt that the variances having been accepted and acted upon over 30 years ago the owner has a vested right in those uses; that to deny them that right would be an arbitrary and an unreasonable unnecessary interference. He noted that there are many areas in the city operating under variances. I He continued that if Council were going to act upon the Commission's recommendation that Section 4 of Commission's resolution presents problems; and referred specifically to AMC Section 9244.4 which provides for the removal o~ non-conforming buildings but unclear as to whether or not the restoration and abatement provisions in the regu- lations are applicable to the subject property. Also in the same Resolution Section 4 it provides that there would be a loss of the variance if a business were not conducted for a period of 12 continuous months. He noted that one of the variances refers to parking and that a parking business has never been conducted on the premises but used only in conjunction with the operation of the other businesses. He asked for clarification of this and stated further in part that they did not have the opportunity to speak before the Commission. However he said there was no question but that the city did mail notices as required by law - they just did not reach the proper department of the Times-Mirror Company. In closing he referred to the location of the property, the increased traffic now that Michillinda Avenue has been opened to the north, the new freeway, the commercial to the west, the zoning and uses which are permitted throughout the city, and the fact that the subject property has been used as a restaurant and motel for over 30 years. He asked Council to give serious consideration to any change in the present uses. Recess called during which time Mayor and Mrs. Soundris took their leave. Council reconvened and in answer to a question Mr. Curran responded that he takes the position that because the owner anti-dated the present zoning ordinance, which provides for the termination of a variance on a discontinued use after a period of time, the owner is immune to the enactment of that type of regulation. Mrs. Edward Berry, 1167 Volante Drive, spoke in favor of the reco- mend at ion of the Commission and felt such legislation would force something to be done with the property. I Neal Randle, 1131 Volante Drive, spoke on behalf of the Rancho Santa Anita Residents' Association, stating in part that the residents immediately adjoining the subject property are concerned and opposed to the continued absence of the use of the property. He stated in part that they do not know whether or not the recommendation of the Commission is the solution but did oppose any extended commercial use of the property i.e., high' rise motel or something of that nature. In answer to a question Mr. Williams stated in part that they would reconsider their position on price and would try to be as realistic as possible and commented that they are not seeking any other type of zoning. HEARING CLOSED No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Counci~man Considine and carried unanimously. Individual observations by the Council were then made. Councilman Arth stated in part that he had closely studied the Commission's 1-4-72 - 3 - 19:7994 recommendation and felt that the 20 year abatement prOViSion is unreasonable but that the 12 month abatement provision seems justified because the property could fall victim to vandalism. He felt that the owners of residential property in the area did not share the thought that the surrounding area would deteriorate because of the freeway and that in his opinion the subject area could be developed into R-l residences and explained some of his thinking in this regard. He commented that the business did indeed serve a real purpose in the years past but he would not want to open the door to an unknown possibility. Councilman Butterworth stated in part that he has the highest regard for the Planning Commission but that this is one of the few times he is I at a loss to understand the majority action; that to him to abate the use in 12 or.24 months if the property were not used would be as discriminatory as the 20 year provision - both to him were unreasonable and unnecessary. The use has been in existence for over 30 years and the residents moved into the community knowing it was there. That the 20 year provision would in effect sterilize the property as no one would make any sizeable investment with such a limitation. It could become a run-down property. He felt the attitude of the owners is reasonable and that the price is very singularly the business of the private owner. He submitted that the economic situation has probably made it extremely difficult for the owner to develop the property and that the concern of Council should be to see that it is meticulously maintained, and for these reasons he would be inclined to set aside the action of the Commission or at least table it indefinitely. Councilman Considine agreed with Councilman Butterworth stating in part that he did not feel Council has the right to interfere with an operation which has been in the community so long; that someone else could operate along the same lines with good service and food and could accomplish and achieve the same popularity. However, the property should not rise in zoning above that which it now has. He expressed concern also about the maintenance of the property and submitted the possibility of fencing the parking lot in the absence of use - that this could prevent some of the problems of vandalism and burglaries which have occurred in the streets bordering the property. He observed further that although he could not understand the discrepancy between the assessed valuation and the asking price, still this is strictly the business of the owner and as long as the property is maintained in a style which would not be detrimental to the community he would not object. Councilman Hage agreed with the statements of both Councilmen Butterworth and Considine, adding that if Council had the power to abate the use as set forth in the Commission resolution it would also have the power to use it accordingly throughout the city; that such power could conceivably affect the private home owner who let his property remain vacant. I In response to a question the City Attorney stated that the City does have the power under existing ordinances to abate non-conforming uses where the use has been discontinued for a specific period of time. Mayor Helms then ~tated in part that he felt the recommendation of the Commission is a fair concept which would apply to all equally. That the fact the Times-Mirror Company obtained its variance before the enactment of the present code provision does not in his opinion give them a status higher than that of present other businesses in a similar situation. He was more concerned with the future use of the property and could not share the optimism expressed that the former type of business could be resumed. He noted the new restaurants which have come into being recently and areas which the city would like to 1-4-72 - 4 - 19:7995 develop for which there has been no rush to invest capital. He felt if the use is not resumed what then would become of the property, and submitted that the General Plan indicates the area as low density residential - R-l - and that because much of the surrounding area is zoned R-O perhaps consideration should be given to the eventual rezoning of the subject property to protect the R-O zoning. I Councilman Butterworth agreed that the City does have the power to revoke a variance for non-use reasons, but questioned whether or not it is justified; that during his Council tenure normally when such a step is taken it has been because the owner has abandoned the property and that it becomes run-down... that in the subject instance those conditions are not applicable. However, he recognized the problems the Volante Drive residents have and hopefully something can be done in that regard. Discussion held on ways to buffer the property from that on Volante Drive. Mr. Williams indicated that they would do anything to help and agreed that a fence with a gate might be the answer. Councilman Hage submitted that Council should be giving some realistic thought to the future use of the property - that the motels and restaurants of today are very first rate and a new owner undoubtedly would want to upgrade the premises. Councilman Arth agreed in part but noted that any new building would have to meet the same meets and bounds as a starter; that the buffers and buildings are one thing but a two story motel building would completely lose the concept that is desired to be retained however a determination along this line could not be made until something more definite presents itself. Mayor Helms stated in part that the future is what Council is wrestling with at the present time and eventually it must be determined, but there is nothing definite or specific to deal with at the present time. He expressed deep concern that Council has concluded through extensive study that the property should be indicated as R-l in the General Plan and now terms of a long range use as commercial are being considered. That if the first conclusion was sincere then the action now should be compatible with that and there should be an eventual abatement of the commercial use and an eventual re-establishment of a residential use. Otherwise the General Plan designation should be reconsidered and a change of zone to commercial effected. I Councilman Considine observed in part that in his opinion it would be misleading to a potential buyer if Council were to prejudge what might go on the property over and beyond what the variance permits; that the time a buyer desires to make changes would be the proper time to consider such changes; but to change the variance or zoning now would be indicating Council is not only willing to change now but even willing to do so at a later date. He felt the intent in the General Plan is not to start an abatement program where all uses inconsistent with the Plan are abated - that in that case there would be many such areas for abatement. He felt if the property could be regenerated it would be very beneficial to the community. That he would not like to see the use lost just because the owner did not have sufficient time to reactivate the business. Mayor Helms stated further in part that he feels strongly the property should eventually be R-l as set forth in the General Plan; that there are many residential corners in which Council has steadfastly refused to grant commercial uses; that in his opinion Council should be thinking in terms of eventually reverting the property to residential use and there should be some concept of an abatement period in the future; that a 20 year period did not seem unreasonable to him. During the discussions Councilman Butterworth indicated he would be strongly opposed to any development for a many storied apartment- motel for instance. 1-4-72 - 5 - MOTION TO DENY RECOMMEN1lATION BUSINESS PERMIT (Limousine approved) d. . Ll . q,,,t .::.r:} 7~/' \,'v --.,.... ;J}~. -/'-C/: ;: > ._1' /---'~. ':~ 5 ,......RACE TRACK - I CONTROL (APPROPRIATION) 19: 7996 Councilman Butterworth then MOVED that Council set aside the action of the Planning Commission in its Resolution 758; that it be the sense of this Council as indicated to the owner that the property be put to use as soon as possible; that Council through the City Manager be k?pt apprised of efforts by the owner' to sell' or lease'; that the owner give thought to the problems of the residents on Volante Drive, particularly to the extent that they may be aggravated by the non-use of the property and that they consult with the City Manager and Planning Department in this regard,Councilman Considine' seconded the motion which was carried on roll call vote as follows: AYES: NOES: Councilmen Counc ilme.n Butterworth, Considine, Rage Arth, Helms (both felt that some abatement period should be placed on the property which would then be consistent with the General Plan.) I ABSENT: None Application of Richard R. Scott, dba Huntington Kar, for a Council Permit to conduct the business of limousine service with uniformed chauffeur on an hourly, day and or mile rate basis. Reservations would be made through an answering service located at 908 S. First Avenue, Arcadia. Mayor Helms declared the hearing open and John N. Thompson, 2242 Highland Vista Avenue, Arcadia, spoke on behalf of the applicant, stating that his record is excellent and that the City is in need of such service. It is primarily for the race track and for visitors from out of city. It is a personal service and is on a mileage rate. The rate schedules and insurance would be filed with the city. The applicant, Richard R. Scott, presented himself to Council. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Considine and carried unani- mously. It was further MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that a Council Permit be issued subject to the filing of the rate schedules 9nd evidence of adequate insurance. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The recommendation of the City Manager that authorization be given for the use of admission tax receipts in the amount of $99,375 for traffic control by off-duty police officers during the forthcoming 1971-72 race season was APPROVED on MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Manager noted that this amount is less than last year's appropriation and there is a possibility that an additional amount may be needed. NATURAL GAS The City Manager and Director of Public Works requested an appropriation DUAL FUEL for the conversion of additional vehicles and of an auxiliary engine SYSTEM ,t). . which' powers the winch mounted on a large truck assigned to the sewer S : c.w... -p u,,)ir, J 1-4-72 - 6 - I PROGRESS REPORT FREEWAY NOISE 1-;l1/ ORDINANCE NO. 1445 , ADOPTED :!,/1Pt:.r I RESOLUTION NO. 4232 5:~ If Ouhl.<. 19:7997 crew to the dual fuel system. It was felt that the City can more completely capitalize on the capacity of the natural gas compressor and benefit from the lower operating cost and at the same time take another step forward in the battle against air pollution. It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the sum of $2600 be appropriated from Council Contingency Fund for the purchase of 6 additional kits for the natural gas dual fuel system. AYES: Councilmen Arth, Butterworth, Considine, Hage, Helms NOES: None ABSENT: None Council received a progress report on efforts to m~nlmlze noise from the freeway by the State Division of Highways. It was noted in the report that State Legislators are urging rapid progress in this study of noise abatement of freeway operations in this city as well as other areas. It was estimated that the complete study will be available by Apr i 1. The City Attorney presented for the second time, explained the content and read the title, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A ,SPECIAL ELECTION TO BE HELD IN SAID CITY ON FEBRUARY 29, 1972, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROVEMENTS." It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that the full reading of Ordinance No. 1445 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Councilman Considine further MOVED that Ordinance No. 1445 be ADOPTED. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Attorney presented, explained the content and read the title of Resolution No. 4232, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING RESOLUTION NO. 3299, ESTABLISHING TRUCK ROUTES, IN ORDER TO DELETE DUARTE ROAD AND CAMPUS DRIVE AS TRUCK ROUTES. " It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the full reading of Resolution No. 4232 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Councilman Hage stated in part that although he is not against the 1-4-72 - 7 - ADOPTED SISTER CITY PROGRAM CENSUS 1-?So INCREASE ADJOURNMENT 19:7998 closing of Duarte Road to trucks he felt it should not be done without a comprehensive study as to the impact on other cities. They could also decide to close streets in their systems and a good part of the total inter-city transportation system could be destroyed. He preferred to give more thought as to where the trucks will go if removed from Duarte Road. He emphasized he is not against the closure but against taking the step at this time. Observations were made that if difficulties arise the matter could be reconsidered and if not then the protection of residents on Duarte Road, as well as the schools and churches, would have been ac- complished. The Director of Public Works advised that he has not received any actual objections but has heard comments as to the wisdom of such a move. He also advised that all trucking associations and companies would be notified. I It was then MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that Resolution No. 4232 be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms Counc i 1m an Hage None Councilman Butterworth advised that a meeting was recently held with the Indonesian Ambassador to Washington, D. C., to discuss the Sister City Program. Mr. Butterworth felt it looks promising and suggested that steps be taken soon for the inauguration trip. The City Manager advised that the U. S. Bureau of the Census reports the new census figure is 45,138. At 9:50 p.m., the meeting adjourned sine die. ATTEST: i!ttA~~ Z 7~ City Clerk I 1-4-72 - 8 -