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HomeMy WebLinkAboutFEBRUARY 15,1972 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROV AL CONSIDINE EXCUSED HEARING (LOT SPLIT) p;:;- I (Appe llant s) 19:8013 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 15, 1972 The City Council of the City of Arcadia, met in regular session on Tuesday, February 15, 1972 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Mayor James R, Helms, Jr. Mayor James R. Helms, Jr. PRESENT: ABSENT: Councilmen Arth, Butterworth, Hage, Helms Councilman Considine The Minutes of the regular meeting of February 1, 1972 were APPROVED on MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously. It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that Councilman Considine be officially excused from this meeting. (Mr. Considine arrived later.) Appeal from the Planning Commission decision in its approval of a division of property at 365-375 West Palm Drive which would adjust lot lines of two existing lots. This appeal was filed by residents of the subject area and other interested parties and is based on the imposition of a condition which would require the applicant to execute an irrevocable offer to dedicate the northerly 25' of lot 1 for future street purposes. This condition was not made a part of the approval by the Commission and the appellants are requesting Council to do so. The Planning Director explained the background and the thinking of the Commission; that it was felt the dedication of property for future street purposes - for interior lots - should be accomplished when the area is subdivided. Also, inasmuch as the requested lot split would not create a buildable lot, the Commission felt it was inappropriate to require dedication at this time. Projecturals were reviewed indicating the property and the proposed lot split. It was noted that the interior lot would not have access to street frontage. The City Clerk then read communications which will become part of the record. Mayor Helms declared the hearing open and Larry Bevington, 1045 W. Huntington Drive, Arcadia, speaking on behalf of the appellants, read a statement setting forth that the Planning Department had included the condition for the execution of an irrevocable offer of dedication. He felt it should be made one of the conditions as it was the only way in which to assure the maintenance of the undeveloped rear portion. He submitted development possibilities. Neil Batterson, owner of 355 W. Palm Drive, presented two additional 2-15-72 - 1 - (Proponents) MOTION CONDITIONAL USE PERMIT (Church remodeling) RATIFIED r ~~g~~ 19:8014 petitions to the City Clerk, requesting the addition of the dedi- cation offer. He noted that the owners of the subject block have surplus property and desire to dispose of it through the develop- ment of a new street and tract through the rear of their pro- perties. The following persons spoke in favor of the condition: S, Platford, 345 W, Palm Drive Frank J, Pocino, 323 W, Palm Drive Mrs. Paul Bestler, 360 W, Walnut Avenue Chester Wilczek, 230 W, Walnut Avenue I Gordon Maddock, 1510 S. Baldwin Avenue, spoke to a proposed division of property in close proximity to the subject lot split which will be before the Planning Commission shortly, He was advised to discuss the matter with the Planning Director. William H. Luther, 375 W, Palm Drive - portion of the subject property - stated in part that the issue is not whether or not they are in favor of a future street in the rear of the properties, but whether or not it is lawful and a reasonable use of the cityrs power to require such a dedication on the two lots in connection with the application for just an alignment. He objected to a con- fiscatory dedication for future street purposes but would have no objection to legal condemnation proceedings for the entire block, He felt the right to participate or not in a real estate development involving private property should be preserved. In answer to a question he responded that he does not intend to construct any improvements on the rear portion except probably a new fence and would be willing to enter into a covenant with the City that he would not place any permanent improvements on the rear. William Beckwith, 107 W, Huntington Drive, commented that the present provisions for rear yard setbacks would preclude any construction in the rear portion except perhaps cabanas, swimming pools and the like. He felt the solution agreed to by Mr. Luther would satisfy everyone. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the hearing be CLOSED, Councilman Butterworth then MOVED that the action of the Planning Commission in not requiring a dedication of an offer to dedicate the rear 25' be SUSTAINED; that as a condition of the lot split the applicants be required to file a covenant, satisfactory to the City Attorney, that no permanent improvement will be placed on the rear 25' and in the event that such an improvement is placed thereon that the value of those improvements shall not be part of any subsequent condemnation action under the Improvement Act or other acquisitions whatsoever for street purposes. Motion seconded by Councilman Arth and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Helms None Councilman Considine Councilman Rage observed that the General Plan does not indicate any street going through; that it does not reflect any change from what the subject area is at the present time; the city has not mandated a street to go through, On MOTION by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows the conditio~al use permit granted by the Planning Commission to allow the Arcadia Friends Church at 5705 Lenore Avenue to construct 3 additional Sunday 2-15-72 - 2 - TRACT NO. 23205 FINAL MAP APPROVED :::f: I ;)..~r;- ,', 19:8015 School classrooms and to expand an existing office was RATIFIED. Such approval was subject to compliance with all applicable regulations of the Municipal Code and the amended conditions as specified in Resolution No, 768, On MOTION by Councilman Arth, seconded by Councilman Butterworth and carried unanimously the final map of Tract No. 23205 (1130-1134 W. Huntington Drive, 14 unit condominium) was APPROVED. It was determined by the Planning Commission that the final map complies substantially with the approved tentative map. I AUDIENCE PARTICIPATION Herbert Fletcher, 175 W. Lemon Avenue, spoke to high taxes and sub- mitted a suggestion that an association be formed to de-emphasize A< ~11-, county government, Mayor Helms noted the action already taken in /~-U- protesting wage scales, however, to no avail thus far. He noted also Councilman Butterworth's work toward that end through the League of California Cities; that efforts are going forth in that regard. APPRECIATION Council accepted with appreciation the communication expressing EXPRESSED ,appreciation for the installation of stop signs and crosswalks at 5', ~ Colorado Boulevard and Santa Cruz Road, TR~ s~council received a progress report on the & ROADWAY improvement contract for the intersection (Michillinda/ Grove Avenues,.., Bids have been received Orange Grove) =1-' I J-foCc, ~ RESOLUTION NO. 4241 ADOPTED ANNEXATION NO. 42 :;j-,' (~;;J., CONSTITUTIONAL AMENDMENT I SUPPORTED A: Theodore Miller, 1164 W. Duarte Road, spoke at length concerning tobacco pollution - especially the harm to the youth - and stated in part he is seeking help and solution. Council acknowledged receipt of the affidavit of notice of publication concerning a proposed annexation (No. 42, East Arcadia inhabited). Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4242, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ACKNOWLEDGING THE RECEIPT OF A COpy OF NOTICE OF INTENTION TO CIRCULATE PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "ANNEXATION NO. 42 EAST ARCADIA- INHABITED" TOGETHER WITH ACCOMPANYING STATEMENT, AND AFFIDAVIT OF PUBLICATION THEREOF, AND APPROVING AND RE-APPROVING THE CIRCULATION OF THE PETITION FOR THE ANNEXATION OF AFORESAID TERRITORY TO THE CITY OF ARCADIA." It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the full reading of Resolution No, 4241 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Rage, Helms None Councilman Considine The City Manager advised of the receipt of a communication from the County Board of Supervisors asking for support of a proposed consti- tutional amendment which would accomplish, 1) take the cost of the federal-state dictated social welfare program off property taxes, 2) require the state to provide revenue other than ad valorem property taxes for any mandated state services carried out by a city or county. It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that the Council adopt a formal resolution in support of the amendment. (The City Attorney to prepare.) traffic signal of Michillinda by the City of and roadway and Or ange Pasadena 2-15-72 - 3 - TREE REMOVAL REQUEST APPROVED FOR REPLACEMENT p: R~ L ~ WORK COMPLETION (Vernon Paving) .1- : l~53 , LANDSCAPING 210 FREEWAY 4-;;;.. 7/ FIRE INSURANCE (City) 19:0016 and will be considered by its Board of Directors at the next regular meeting, Based on the low bid of $26,358,57 Arcadia's share should be about $12,000 which is well within the limit authorized by Council at the December 7, 1971 meeting. Council received letters and a petition requesting the removal of healthy mature mulberry trees planted in the parkways in the 300, 400, 500 blocks of East Wistaria Avenue. It was noted by the Director of Public Works that due to the cost of maintenance and other problems associated with the species that this type of tree has not been planted in the City for many years. Council concurred and it was MOVED by Councilman Arth that staff proceed with the I removal of onlY$3t2hose trees located on said street at a cost of _ approximately 5 and replacement of magnolia trees at a cost of approximately $721.50 providing the owners of-property involved would care for the new trees. The Motion was seconded by Councilman Rage with the comment that he would hope this is not the start of re- planting all of the trees within the city, Roll call vote as fo l1ows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Rage, Helms Nqne Councilman Considine During the above discussion it was determined that the program will proceed providing 90 percent of the residents indicate a desire to have the old trees removed and replaced with the magnolia type and will maintain them. The City Manager and the Director of Public Works advised that the work performed by Vernon Paving Company in the street improvements on Colorado Boulevard and various other streets has been satisfac- torily comp.leted and recommended acceptance thereof. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried on roll call vote as follows that same be accepted and that final payment be AUTHORIZED in accordance with the terms of the contract; that $7,700 be APPROPRIATED from the Unallocated State Gas Tax Funds to cover the additional cost. It was explained that the total cost of the project exceeded the estimated cost, hence the need for the additional appropriation, AYES: ' NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Helms None Councilman Considine The City Manager and Director of Public Works explained that the State Division of Highways had completed preliminary plans for landscaping the 210 Freeway between Santa Anita Avenue and Rosemead Boulevard; that at the request of the City the State had agreed to include in this project the area lying on the north side of Colorado between the north curb and the freeway fence from Baldwin to Michillinda, The landscaping and sprinkler system will be installed at no cost to the City, however, the Cooperative Agreement (No. 2861) will require the City to maintain the landscaping at no cost to the State. (See report dated February 11, 1972.) Whereupon it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the Mayor and City Clerk be AUTHORIZED to execute the Cooperative Agreement (No. 2861) in form approved by the City Attorney, The final landscape plans to be presented to Council at a later date, I The City Manager explained the proposals received for fire insurance coverage and recommended the award of contract for a 3 year program. 2-15-72 - 4 - I GASOLINE PURCHASE (L972-73) q: I 040 CAPITAL PROJECTS PROGRAM v'" RESOLUTlON NO. 4238 ELection Canvass ADOPTED a-: I ~4 RESOLUTION NO. 4239 ELection Request of County ADOPTED g-; I J..-C: 3 I RESOLUTION NO. 4240 (Underground Utility District) ADOPTED l') 9-',/;).00 19:8017 It was MOVED by CounciLman Arth, seconded by Councilman Hage and carried on roll calL vote as folLows that the proposaL submitted by the Risk Mutual Company through Pete Humason in the amount of $6,906 for a 3 year period be ACCEPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Helms None Councilman Considine On recommendation of the City Manager and Finance Director it was MOVED by CounciLman Butterworth, seconded by CounciLman Hage and carried unanimously that the City indicate its desire to the County to be included in the caLl for bids of the county for the purchase of gasoline under the county-city cooperative gasoline purchasing program for~the fiscaL year L972-73. A pubLic hearing was scheduled for March 2L, 1972 on the proposed capital projects program. Copies of said program are on fiLe in the Office of the City CLerk for pubLic perusaL. The City Attorney presented, expLained the content and read the titLe of ReSOLution No. 4238, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL ELECTION TO BE HELD ON THE 29TH DAY OF FEBRUARY 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA." It was MOVED by CounciLman Butterworth, seconded by Councilman Hage and carried on roLL caLL vote as fOLlows that the fULL reading of ResoLution No. 4232 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Rage, Helms None Councilman Considine The City Attorney presented, explained the content and read the title of Resolution No. 4239 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ARCADIA, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL tl, L972." It was MOVED by CounciLman Hage, seconded by CounciLman Arth and carried on rOLl call vote as folLows that the fulL reading of ResoLution No. 4239 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Helms None Councilman Considine The City Attorney presented, expLained the content and read the titLe of Resolution No. 4240, entitLed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALLING A PUBLIC HEARING TO DETERMINE WHETHER AN UNDERGROUND UTILITY DISTRICT SHOULD BE ESTABLISHED IN THE AREA BOUNDED BY THE CENTER LINES OF HUNTINGTON DRIVE, FIRST AVENUE, WHEELER AVENUE AND THE SOUTHBOUND ROADWAY OF SANTA ANITA AVENUE." It was MOVED by CounciLman Arth, seconded by Councilman Butterworth 2-15-72 - 5 - CONSIDINE FREEWAY NOISE ABATEMENT +~1{ EXECUTIVE ,/ SESSION V RECONVENED v' PERSONNEL BOARD APPOINTMENT ~ PERSONNEL (Salaries) l~ PROCEDURAL ORDINANCE WAIVED 19:80l8 and carried on roll call vote as follows that the full reading of Resolution No. 4240 be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Helms None Councilman Considine Councilman Considine arrived at 9:l0 p.m. Mayor Helms noted for the record and press distribution the receipt of a communication dated February lO, 1972 from Frank J. Walton, Secretary to the State Business and Transportation Agency, setting forth progress made in counteracting noise problems on the Foothill Freeway. It was noted therein that it had been determined in the initial construction stage that sound barriers would be required on both elevated sections as well as those at ground level where the freeway passed through the City; that where the freeway passes under the railroad tracks it was indicat ed that the depth at that ~ point would be adequate to buffer the freeway noise; it was learned subsequently that the noise level at that area exceeded normal standards making additional corrective measures necessary. The Department is now involved in a thorough study primarily to determine the length of the required barrier. The study will probably not be completed before April. I Council entered an executive session with the City Manager at 9:15 p,m, At 10: 20 p. m. On MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously Edward J. Sullivan, l538 Highland Oaks Drive was appointed to fill out the unexpired term of Charles E. Gilb on the Personnel Board. This term will expire June 30, 1974. The City Manager referred to a communication dated February 4, 1972 and directed to Mayor Helms from the California League of City Employee Associations, Inc., concerning effective dates of salary adjustments for police clerks and the recreation supervisor. Council reaffirmed its intention (on the following motion) that during the discussions the date to which the salaries were to ,be retroactive was December 7, 1971 - this date being when the matter first appeared on Council agenda. At this meeting the matter was continued to provide sufficient time for Council to study the recommended adjustments. This item was acted upon in two parts. First, it was MOVED by I Councilman Arth, seconded by Councilman Rage and carried unanimously that Council hereby reaffirms its former action that the effective date for the salary of the police clerks was to be December 7, 1971. The City Manager was authorized to so inform the aforementioned association. Second, the City Manager was authorized to study the salary adjllst- ment of the recreation supervisor and report his findings to the said association. The provisions of the procedural ordinance were waived on MOTION by Councilman Arth, seconded by Councilman Rage and carried unani- mously. This was necessary in order to consider the following items. 2-l5-72 - 6 - TOPICS PROGRAM .:J;o9S I CO~RENCE If OF MJ(YORS FOOTHILL FREEWAY ASSOCIATION ::}:.;;.1) ADJOURNMENT I 19:8019 On recommendation of the City Manager and the Director of Public Works it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the plans and specifications for signalization of the following intersections be APPROVED and that the City Clerk be authorized to advertise for bids immediately Clpon receipt of formal State and Federal authorization: Baldwin and Fairview Avenues Baldwin and Camino Real Las TClnas and Ho lly AvenCles The subject three intersections have met all requirements for financing Cinder the TOPICS program and are recommended as high priority projects in the Topics Study recently completed by Lampman and Associates. On MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows the increase to $500 from $100 per year for membership in the U, S, Conference of Mayors was APPROVED and the additional payment AUTHORIZED: AYES: NOES: ABSENT: Councilmen Arth, BLltterworth, Considine, Hage, Helms None None On MOTION by COClncilman Hage, seconded by COClncilman Butterworth and carried on roll call vote as follows the sum of $50 was AUTHORIZED for sLlbmission to the Foothill Freeway Association to assist that association in its functioning operations. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None At 10:30 p,m" the meeting was ADJOURNED sine die. (The next regular meeting to be held March 7, 1972,) ATTEST: or 8?z{~ a/11 Y1c~~ City Clerk 2-15-72 - 7 -