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HomeMy WebLinkAboutJANUARY 18,1966 I"",,,,,, PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (1-4-66) HEARING (Conval~scent facilities) P:~ I 17 :6710 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 18, 1966 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 P.M., January 18, 1966. Rev. John Toews, Arcadia Christian Church Mayor Conrad T. Reibold PRESENT: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None The Minutes of the Regular Meeting of January 4, 1966 were APPROVED on MOTION by Councilman Turner, seconded by Councilman Considine and carried unanimously. Planning Commission Resolution No. 573 recommending the amendment of the Arcadia Municipal Code by amending Division 5, Part 7, Chapter 2, Article IX, concerning regulations applicable to conva- lescent facilities, and adding a new Section 9220.18.1. The Planning Director explained the contents of said resolution and read a communication from the President of the Huntington Drive Convalescent Hospital, Elmer E. Slavik, wherein it was noted that the only area of disagreement it had with the recommendation was Section 9275.5.3 which called for one bed for each 1000 sq. ft. of lot area; that this was excessive. Mayor Reibold declared the hearing open. No one desired to be heard and the hearing was CLOSED on MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously. During the ensuing discussion on the requirement of lot area per bed, the Planning Director stated in part that the Department could not locate any standards pertaining to square footage requirement; that 1000 sq. ft. was arbitrarily decided upon as being appropriate for Arcadia based on the three existing facilities in the City. Attention was called to the possibility of additional such facilities being constructed within the City due to the recently enacted Medicare Program. He also commented on the tendency of these facilities to become non-profit organizations, thus removing them from the tax rolls. It was Councilman Forman's op~n~on that the Planning Commission could make minor modifications providing the development is satisfactory to the City and MOVED that the City Council accept the recommendation as contained in Resolution No. 573; and to provide for the Planning Commission to modify this requirement if appropriate. The MOTION died for lack of a second. It was the consensus of the majority of the City Council that reasonable guidelines should be provided and it was MOVED by 1. 1-18- 66 HEARING (Varianc~ request) ~;~ HEARING SCHEDULElJ TRACT NO. 25615 (tentative map) j- II 1./--0 17:6711 Councilman Turner that the recommendation of the Planning Commission be APPROVED except that Section 9275.5.3 require one bed for each 800 square feet of lot area. The motion was seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Turner, Reibold Councilman Forman None Prudential Savings and Loan Association, new owners of the incomplete apartment buildings at 515 - 523 W. Duarte Road, made application for a variance from the Uniform Building Code, 1964 Edition, which would permit the completion of the structures. I Mayor Reibold declared the hearing open. Tom R. Sutton, 15 N. First Avenue, attorney for the Association, stated that the Association is agreeable to complying with the lengthy list of conditions necessary to correct deficiencies, in- cluding underground utility installation and the dedication of a 5' sidewalk to be built on Arcadia Avenue extension. No one else desiring to be heard it was MOVED by Councilman Turner, seconded by Councilman Considine and carried unanimously that the hearing be CLOSED. It was then MOVED by Councilman Turner, seconded by Councilman Forman and carried unanimously that the requested variances, with the exception of Section 1317.5 be APPROVED and that the issuance of a new building permit be authorized subject to compliance with all other Code requirements, compliance with the report of the City Engineer/Superintendent of Building and Safety dated January 11, 1966, and the approval of the City Engineer of a comprehensive drainage plan prior to issuance of said permit; that all utilities be installed underground and that the 5' sidewalk for the extension of Arcadia Avenue be dedicated to the City. It was MOVED by Councilman Balser, seconded by Councilman Forman and carried unanimously that a public hearing be scheduled for February 1, 1966 on the recommendation of the Planning Commission concerning reclassification of all C-3 properties into Zone C-2. The Planning Commission recommended approval of the tentative map of Tract No. 25615 (7 lots on S. Second Avenue) subject to the condition that all lots be restricted to single-story construction not to exce~d 16 feet in height plus the conditions set forth in the Planning I Department report dated January 11, 1966. A communication from James C. Coppedge representing the architects was made part of the record. It was requested therein that they be granted permission to . construct homes exceeding one story on Lots 1, 2, 6.& 7. In reviewing projecturals of the proposed subdivision it was noted that the surrounding area is developed with one story homes with the rear yards improved with swimming pools, cabanas and the like. It was noted that some of the rear lots are only 22' in depth. In answer to a query by Councilman Turner the City Attorney stated in part that if the subject subdivision met all of the requirements the City Council would not have the authority to impose further 2. 1-13-66 17:6712 restrictions, however, if a tentative tract map did not meet the subdivision requirements, the Council could impose reasonable conditions deemed necessary to offset the detriments due to such deficiencies; that since the tentative map of Tract No, 25615 does not meet the required lot depth requirement, the restrictions on the height was recommended by the Planning Commission to compensate for the shortage of lot depth and can be imposed by the City Council; that the City Council has the choice of disapproving the subdivision based on the Substandard lots, or approving it with restrictions or as submitted. I It was the opinion of Councilman Forman that there are other sub- divisions in the City where homes have been built with two stories on shallow lots and suggested that the Planning Commission be instructed to submit guidelines to be followed in the future. The subdivider, David DuPont, explored the design of the subdivision stating in part that four of the lots containing 7500 sq. ft. would be improved with two story homes while the remaining three would have one story homes which, in his opinion, would create an open air feeling and still stay within the market range. He discussed ways of obtaining privacy and suggested that the windows face only the street and sideyards. Henry Hege, 615 W. Duarte Road, attorney representing 8 property owners in the immediate vicinity, stated in part that they have spent considerable money improving their property; that to permit two- story homes adjacent thereto would impose an invasion of privacy; that none of the adjoining residences are two story; that they were not asking for denial of the Tract - only that it be confined to one- story homes; that if two-story homes were permitted and a buyer puts in windows looking down on their rear yards the neighbors would be placed in a position of going to court. Jack Bigger, 1312 Greenfield Avenue, also stated his disapproval of the two-story homes and commented on a subdivision constructed near his home; that his privacy had been invaded. Councilman Forman'stated in part that since the economic factors are such that the desires of the builder are to construct on the basis upon which he submitted the tentative map and since there doesn't appear to be a possibility of controlling the invasion of right, he MOVED that the tentative map of Tract No. 25615 be DENIED. THIS MOTION DIED FOR LACK OF A SECOND. I Councilman Turner observed that he could not see how the Tract could be denied when it is almost identical with the one next to it on Magna Vista Avenue. Mayor Reibold was of the opinion that the Tract as submitted is a good development if it is restricted to one-story, buildings. The City Attorney pointed out that administratively it would be difficult to continually supervise and guard against minor alterations being made to a two-story home. Councilman Turner then MOVED that tentative map of Tract No. 25615 be APPROVED subject to the limitation of one-story homes being con- structed on all lots other than 1, 2, 6 & 7 - that these be permitted to have two-story homes. THIS MOTION DIED FOR LACK OF A SECOND. Councilman Balser then stated that in his opinion it is a substandard subdivision with none of the lots meeting the depth requirement and MOVED that the City Council accept the recommendation of the Planning Commission and approve the subdivision subject to the condition that 3. 1-18-66 EQUIPMENT PURCHASE p: ~, nA REQUEST J; TAXICABS (Replacement) ~~~ VALLONE VARIANCE EXTENSION REQUEST ~9q/ ~~J 17:6713 all structures be one story and that a covenant be placed on it setting forth this limitation. The motion was seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Reibold Councilmen Forman, Turner None On MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows, the contract for the pu~chase of three (3) staff cars, one (1) patrol car and one (1) 1/2 ton pickup for the Police Department, was awarded to the low bidder, John E. Noyes Ford Company, in the amount of $9,639.94 f.o.b. Arcadia, including all applicable taxes and trade-in allowances for three (3) staff cars; thar all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived; that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. Funds are available in Account No. 421-51: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None On MOTION by Councilman Turner, seconded by Councilman Forman and carried unanimously the request of the Bonita Park Parent Teacher's Association concerning the enactment of legislation to control the disposal and discarding of used or partially used bottles, containers, syringes, or needles designed for dispensing medicine, drugs or poisons including bandages used in treating infectious diseases, was referred to staff for report and recommendation. On MOTION by Councilman Considine, seconded by Councilman Turner and unanimously carried, the request of the Arcadia-Monrovia Valley Cab Company for permission to replace six cabs and to add two vehicles which would only be used during the racing season was APPROVED. Request of the Vallone Construction Company for extension of the time certain for the submission of complete working drawings on the proposed construction of an 8-story apartment building at 614 - 642 W. Huntington Drive as required "y Resolution No. 3693 as amended. The present variance would expire on January 27, 1966. Mr. Vallone advised that due to the size of the project and the existing con- servative money market he had been delayed in the completion of the plans. I Councilman Forman stated in part that he would be reluctant to approve a further extension; that two years had elapsed since the original time. Councilman Turner observed that it is well known that San Gabriel Valley as well as Southern California as a whole has had an over- building of apartment houses; that financing has become difficult on the larger projects; that this was the first high rise apartment approved by the City Council and it had been hoped it could move-' rapidly, but in his opinion a person should not be denied a right to 4, 1-18-66 17 :6714 proceed because of a condition beyond his control, and MOVED that the request for six months extension be GRANTED. Mayor Reibold seconded the motion. I In answer to a query concerning the progress being made at the present time, Henry Hege, attorney for Mr. Vallone, advised that all efforts are being made to secure financing which is the only cauSe for delay; that Mr. Vallone does not want to embark on a project of such magni- tude without a sufficient contingency fund to assure the completion of the building once it is started; that money has been tight for the last four months, but appears to be breaking loose; that it is not a static matter. Councilman Balser was of the op~n~on that considering the length of time Mr. Vallone has had, he should have been able to finance and build the apartment. Mayor Reibold comment ed t',at with the amount of money the bui Ider has invested thus far he should be given a chance to regain it. Whereupon he called for the roll call vote on the following minute resolution: BE IT RESOLVED: Tw= Section 3, Paragraph (a) of Resolution No. 3693 be further amended to provide that complete working drawings be submitted and approved by the Planning Commission or the City Council on or before July 27, 1966. AYES: NOES: ABSENT: Councilmen Considine, Turner, Reibold . Councilmen Balser, Forman None Councilman Considine, in voting in favor of the extension, stated that he was opposed to high rise construction, but as lon~ as Mr. Vallone has been granted the original variance he would like to give him the opportunity to complete the project if possible. p; The City Manager advised that a request had been received from five property owners on South Tenth Avenue for annexation to the City of Arcadia, which would permit their properties to come undeL' the purview of one jurisdiction; that at the present time the boundary line runs diagonally through some of the properties. ANNEXATION REQUEST (Denied) I Discussion ensued with Councilman Turner stating in part that it appears to be ~ore logical to l:im for'ti:e mmers to de-an-::ex the Arcadia portion of their property; that there is a straight line now whereas with annexation the boundary would be in the middle of a street, which he did not favor. It was noted that two jurisdictions would have to maintain the street through annexation. Councilman Forman MOVED that the City Council approve the request for annexation and that the City Manager proceed with the necessary steps. Mayor Reibold seconded the motion, which did not carryon the following roll call vote; with both Councilmen Balser and Considine of the opinion it would be better to de-annex the subject properties: AYES: NOES: ABSENT: Councilmen Forman, Reibold Councilmen Balser, Considine, Turner None 5, 1,18-66 17:6715 PROCEDURAL POLICY (real estate) R At the City Council meeting of August 17, 1965 the Land Committee (Mayor Reibold, Councilman Considine and the City Manager) were requested to make a study and recommend to the City Council a procedural policy to be followed in the purchasing and/or selling of property and the payment of real estate broker's fees connected ^, ' n therewith. The Land Committee met with the Arcadia Realty Board and ~~ a policy statement was submitted for consideration. I?~r Discussion was held and a suggestion was agreed upon that on the first page under the paragraph, 'Sale Policy' the words, 'with the approval of the City Council' be inserted between the words, 'Committee and determinesi on the first line. Whereupon it was MOVED by Councilman Balser, seconded by Councilman Forman that the Statement of Policy be approved with the above alteration. I Councilman Turner suggested that an exclusive listing not be given on a piece of property the City might acquire until the elapse of a reasonable period of time, say six months, thereby permitting an opportunity for all offers - including those from brokers - to be recognized and received by the City; that there is nothing to stipu- late how long the City will hold property before listing it; that in his opinion a desirable piece of property purchased by the City should not immediately be given to a broker to sellon an exclusive basis; that he is not precluding or excluding the ser~ices of brokers - they perform a great service to the community - but that a great deal of the property being acquired by the City will have to be sold at a loss because of removal of the improvements, thereby a loss will be sustained by the City. Mayo. Reibold explained that the Land Committee was of the oprnron that the City Manager was spending too much time in the land business; that this was not the purpose for which he was hired. Roll call vote was then taken on the MOTION. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold Councilman Turner None :8 .30 I On MOTION by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows, Louis P. Black Was retained to audit the City's financial books for the fiscal year ending June 30, 1966, and that the Mayor and City Clerk be authorized to execute on behalf of the City a contract with Mr. Black in accordance with his proposal, in the form approved by the City Attorney: AUDIT (1965/66) AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None ORDINANCE NO. 1314 Prior to the consideration of Ordinance No. 1314, the City Manager advised that staff would recommend an amendment to this ordinance at a later date. I Adopted Whereupon the City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1314, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9263.2.7, 9284.1.2 AND 9284.1.7 THEREOF AND AMENDING DIVISIONS 3 AND 4 OF PART 6 OF CHAPTER 2 OF ARTICLE IX THEREOF (C- 2 AND C-3 REGULATIONS)." MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full 6. 1-18-66 I ORDINANCE NO. 1315 Adopted ORDINANCE NO. 1316 Reintroduced I 17:6716 body of Ordinance No. 1314 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Forman further MOVED that Ordinance No. 1314 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1315, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE BY CLASSIFYING IN ZONES C-l AND C-2 PORTIONS OF THE CITY OF ARCADIA BOUNDED BY DUARTE ROAD ON THE NORTH, BALDWIN AVENUE ON THE EAST, GOLDEN WEST AVENUE ON THE WEST AND CAMINO REAL ON THE SOUTH." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1315 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reihold None None Councilman Balser further MOVED that Ordinance No. 1315 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Forman, Reibold Councilmen Considine, Turner None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1316, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9265.2.4 AND 9265.2.5 THEREOF AND AMENDING DIVISION 5 OF PART 6 OF CHAPTER 2 OF ARTICLE IX THEREOF (C-M REGULATIONS)." It was MOVED by Councilman Turner, seconded by Councilman Forman and carried unanimously that Ordinance No. 1316 be AMENDED to conform with parking requirements as set forth in Zone C-2. MOTION was then made by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of Ordinance No. 1316 as thus amended be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reihold None None Councilman Forman further MOVED that Ordinance No. 1316 be REINTRODUCED as amended. Motion seconded by Councilman Balser and 7. 1-18- 66 17:6717 carried on roll call vote as follows: The City Attorney presented, explained the content and read the title of Resolution No. 3846, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS I 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 12,1966." AYES: NOES: ABSENT: RESOLUTION NO. 3846 Adopted 8-- II 31 Councilmen Balser, Considine, Forman, Turner, Reibold None None MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3846 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Turner further MOVED that Resolution No. 3846 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: The City Attorney presented, explained the content and read the title of Resolution No. 3847, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT EVERY CANDIDATE AT A MUNICIPAL ELECTION FOR AN ELECTIVE OFFICE IN SAID CITY SHALL PAY TO THE CITY THE ACTUAL PRORATED COSTS INCURRED BY THE CITY IN THE PRINTING AND HANDLING OF A CANDIDATE'S STATEMENT OF QUALIFICATIONS PREPARED AND FILED PURSUANT TO SECTION 10012.5 OF THE ELECTIONS CODE, REQUIRING A DEPOSIT TO COVER THE CITY'S ESTIMATED COST OF PRINTING AND HANDLING SUCH A STATEMENT, AND PROVIDING FOR THE PRORATED REFUND OF ANY UNUSED PORTION OF SUCH DEPOSIT." AYES: NOES: ABSENT: RESOLUTION NO. 3847 Adopted :9-1/3~ Councilmen Balser, Considine, Forman, Turner, Reibold None None MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3847 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None I Councilman Forman further MOVED that Resolution No. 3847 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The adoption of this Resolution permits the City to require a deposit based on the estimated cost of printing and handling only one 8. 1-18-66 I RESOLUTION NO. 3848 Adopted CITY ATTORNEY ~f' I LEAGUE APPOINTMENTS ~ 17:6718 Statement of Qualification from each candidate for an elective office who desires to submit such a statement for inclusion in the mailing of the sample ballots. The candidate to pay only the actual prorata costs to be determined after the number of candidates submitting Statements of Qualifications is known, and the excess of the deposits over actual costs to be refunded prorata to the depositors. Such deposit is tentatively estimated to be $225.00. On MOTION by Councilman Balser, seconded by Councilman Forman and carried, the provisions of the Procedural Ordinance were waived in order to co~sider the following resolution: , The City Attorney presented, explained the content and read the title of Resolution No. 3848 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY FIRE DEPARTMENT RECORDS." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3848 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Balser further MOVED that Resolution No. 3848 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None MOTION by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows that the Attorney General be authorized to include the City of Arcadia in the suit to recover any excess charges plus damages that may have been made under the Anti- Trust Act involving the sale of steel; (The City Attorney advised that,the Attorney General's office had reason to believe that approximately $12,000 worth of shelving was sold to the City Library in violation of said Act); that the Mayor, City Clerk, City Manager and City Attorney be authorized to execute all necessary documents required tor such purpose. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None It was noted that several City officials had received appointments from the League of California Cities' President Erwin Sklar on various Committees for the ensuing year: Conrad T. Reibold Dale E. Turner Harold K. Schone Revenue and Taxation Committee Sister City Committee Contractors' Committee Firemen's Legislation Elections' Committee Home Rule Committee Retirement Committee Christine Van Maanen James A. Nicklin Wayne H. Harris 9. 1-18-66 CITY ATTORNEY ~ FORMAN ~ ADJOURNMENT '- 17:6719 The City Attorney advised of his appearance on Monday January 17, 1966 before the Assembly Committee on Criminal Procedure on the question of State pre-emption; that he had prepared copies of his presentation for Council perusal. Councilman Forman commented on his recent attendance at the Governor's Conference on Beautification. At 9:50 P.M. Mayor Reibold adjourned the meeting sine dce. I ATTEST: /? /&~~~a00~ City Clerk 7 I 10. 1-18-66