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HomeMy WebLinkAboutNOVEMBER 15,1966 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (10-26-66 1l-1~66) HEARING (Annexation No. 39 South- east Arcadia Uninhabited) F -I /~? RESOLUTION NO. 3914 Adopted I 17:6902 MINUTES CITY COUNCIL OF THE CITY OF AR~ADIA REGULAR MEETING NOVEMBER 15, 1966 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on November 15, 1966 at 8 P.M. Rev. David Reed, Arcadia Congregational Church Mayor George L. Forman PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None The Minutes of the Adjourned Regular Meeting of October 26, 1966 were APPROVED as submitted in writing on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. The Minutes of the Regular Meeting of November 1, 1966 were APPROVED as submitted in writing on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Pursuant to Resolution No. 3910 instituting proceedings and glv1ng notice of the proposed annexation (2531, 2539, .2547, 2553 S. Tenth Avenue) Mayor Forman declared the hearing open for the purpose of hearing protests from any owner of property within the City who does not also own property within the territory to be annexed. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Arth and carried unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3914, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING AND DECLARING THAT NO PROTEST HAS BEEN MADE WITH RESPECT TO ANNEXATION NO. 39, SOUTHEAST ARCADIA (UNINHABITED)." MOTION by Councilman Rage, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3914 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Rage further MOVED that Resolution No. 3914 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None l. 11-15-66 RESOLUTION NO. 3915 Adopted r" 11.~/9 . HEARING ZONING AMENDMENTS 11/ '). ",'; .; 'I.' J' ,. , ~/' tI ;j" 17:6903 The City Attorney then presented, explained the content and read the title of Resolution No. 3915, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN CONTIGUOUS UNINHABITED TERRITORY DESIGNATED AS ANNEXATION NO. 39, SOUTHEAST ARCADIA (UNINHABITED)." MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Resolution No. 3915 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None I Councilman Considine further MOVED that Resolution No. 3915 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The Planning Director summarized the recommendations of the Planning Commission (Resolution No. 598) concerning amendment of Part 4 (General Regulations), Part 5 (Residential Zones), Part 6 (Commercial and Industrial Zones), Part 7 (Overlay and Special Use Zones), and Part 8 (General Provisions), of Chapter 2 (Zoning Regulations) of Article IX, Arcadia Municipal Code, by repealing and amending certain sections thereof and adding new sections thereto. He explained that the Commission's considered recommendations would protect land values and would regulate new development. The City Clerk advised that she had on file the affidavit of publication of the Notice of Public Hearing whereupon Mayor Forman declared the hearing open. John Sturgeon, 862 Victoria Drive, resident and President of the Santa Anita Village Association, stated in part that the Association approves the proposed amendments and addressed himself in particular to the section dealing with conditional use permits for large commercial structures; that with the increasing population density there must be control over such structures. He urged earnest attention to this section. Paul Doleshal, 1235 Oak Glen, expressed opposition to the requirement for 12,500 sq. ft. as maximum building size (9112.3 - R-O Zone). He also referred to the need of a conditional use permit for vehicle sales; that in his opinion this should not be required; that the City does have restrictive zoning and a good Planning Department which should not dictate the types of businesses for the City. I Communication from the Chamber of Commerce (dated November 10, 1966) was made part of the record in which recommendations were made for minor changes or deletions. It did not oppose many of the proposed regulations. The City Attorney noted minor corrections after which the hearing was closed on MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously. It was the consensus of the City Council that additional time was 2. 11-15-66 I DISCUSSION (MWD PAYMENT) F. /'-/'(;':-11 I 17:6904 needed for perusal of the material and consideration of comments made at this meeting, it was therefor MOVED by Councilman Considine, seconded by Councilman Hage and carried unanimously that a decision on the matter be continued until the regular meeting of December 6, 1966. The City Council had scheduled this date to consider and deliberate the question of whether or not the annual charge levied by the Metropolitan Water District with respect to the City will be paid out of revenue from the Water Department or from the ad valorem tax revenue. It is required to notify the District prior to December 9 as to the City's intention. In two previous study sessions the City Council had reviewed the extensive reports prepared by the staff covering all historical data, summary of water department needs and financing alternatives per- taining thereto. Projected revenue and various increases were re- flected therein. The alternatives included the raising of rates and minimums, the raising of rates with no lowering of minimums, the dispensing of the standby and a raising of the standby rate. (All reports on file in the office of the City Clerk.) The report dated November 8, 1966 set forth the 1963 rate increase from 12~ per hundred cubic feet over th~ minimum to 18~ per cubic feet over the minimum. This resulted in increased revenue for the past three years averaging $267,000. At the same time the payments to the District for the three-year period averaged $374,000. Since the change net profit, after the District payments, has averaged $139,000 less than in the three preceding years and is anticipated to continue to decline. During the same period increased costs of operation and maintenance have further reduced the amounts available for said capital project improvements. This would prevent completion of capital improvements which were recommended. in the 1958 report prepared by James M. Montgomery, consulting engineer. Alternate methods of financing were offered for consideration, 1) to place all or a portion of the costs on the property tax rate, or 2) to increase water rates or modify the rate and minimum charge structure. Persons in the audience were invited to speak to the matter. Herbert Fletcher, 175 W. Lemon Avenue, stated in part that he was in favor of property owners paying for the water they use rather than to place an undue burden on the property tax. He expressed interest, however, in a method whereby some of the charge for capital improvements to the water system could be placed on the ad valorem tax which could then be defensible as an income tax deduction. The City Attorney advised that the City has transferred its ad valorem tax functions to the County of Los Angeles on. an ad valorem baHis rather than on a specific charge basis, so they have no direct relationship to water consumption. It was the consensus of the City Council that discussion at this meeting be held primarily on the method of payment to the District in order to meet the deadline for notification, and that consideration of the capital improvements be made at a later date through ad- ditional information and study thereon. Concerning the method of payment it was Councilman Considine's thought that the ad valorem tax is already burdened; that it may be further increased in forthcoming years due to County and school 3. 11-15-66 17:6905 projects; that he favors financing the cost from the water revenue; that if the City modified the water rates wherein there is a standby charge or a meter charge this would serve a useful purpose because the City is on demand to deliver water and must so do whether or not it is consumed; that if there ~ a further charge at existing rates for the water which is actually consumed it would seem to him to be a fair and reasonable approach. He referred to the large users of water Who are tax exempt (schools, County parks) and explored the distribution of costs in the various methods and was of the opinion that rather than split the costs he would prefer placing the entire amount on one specific method and suggested consideration of one rate to apply to residential users and one for commercial users. I Councilman Arth presented for consideration the possibility of placing a portion of the cost on a 19 or 29 increase in the water rate and not raise the minimum so much - this would mean that the greater user would pay the higher cost. He also asked for publicity on proposals so that the residents would have an opportunity to be heard. Councilman Hage concurred with Councilman Considine - that he did not like the method of placing the charge on the property tax statements and that he would prefer to study the capital improvements at a later date. He was advised that it would take about six months to ade- quately update the Montgomery Report. Councilman Butterworth stated in part that if the water rates were increased sufficiently to meet costs it would result in extremely burdensome water bills. Such a situation could be softened by adopting a method whereby at least some of the costs could be deducti- ble from income tax; that in his opinion to place it all on the water users without taking into consideration the fact that membership ~n the District enhances the value of the property is to take a one- sided view of the matter - this is supported by the fact that the majority of cities pay all of the charges out of property taxes. He continued that to prorate the charges between the property tax (assessed separately from the City tax) and an increase in the water rates would be as close to an equitable approach as one could get; that this would be the way he would propose to go. Mayor Forman felt that the users should bear the costs of production and whatever improvements would be necessary in the future in order to serve the community in the manner in which it has heretofore been served; that he realizes at times those who can least afford it get hurt but that it is a matter of use and in his opinion as far as the payment to the District is concerned it should be placed on the water bills. Prior to making a motion Councilman Considine commented that which is needed most is an approach of consistency in objective rather than fluctuating in method of payment. Whereupon he MOVED that the City continue its present method of paying 100 percent of the Metropolitan Water District charges out of municipal funds (water usage). The motion was seconded with reservation by Councilman Arth. I AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Forman Councilman Butterworth None The City Council will study the recommendations and will take up the matter of a rate increase after considering all factors presented in 4. 11-15-66 ZONE VARIANCE (Shopping Center) I ADVISORY COMMITTEE REPORT (Land Disposal) a: 11-r~<". vJ 17 rI'. \u...~ -t:', <..;,:tJuV:;1; I 17:6906 the City Manager's report dated November 8, 1966. staff will prepare additional data for submission matter will be in discussion again on December 6, During the to Council. 1966. interim The Resolution No. 601 of the Planning Commission recommending the denial of a zone variance to permit the construction of a shopping center on property located at 250 W. Colorado Boulevard. This matter will be placed on the Agenda for December 6, 1966 at which time the period for appeal will have elapsed. Councilman Considine presented for consideration a proposed policy concerning disposal of City owned surplus property (dated October 5, 1966) as developed by the sub-committee of the Citizen's Advisory Land Committee and stated in part that the Committee has progressed to the point where it felt the City Council should indicate whether or not the endeavors and recommendations clearly reflect in concept the direction in which it should go. (Report on file in the office of - the City Clerk.) In summary: 1. The City should not acquire property for the purpose of profit. 2. Property purchased to be made available for future planned construction is not surplus. 3. Property acquired for future planned sale should be held indefinitely until its intended use materializes. 4. Property gifts should be encouraged where limitations are not too restrictive. 5. True surplus property should be disposed of swiftly to add it to the tax rolls. *6. Property acquired under Item #2 .should be brought to the attention of the Arcadia Area Development Committee for proper use and disposal. *7 City should aid in preparation of needed sales tools to arm the Area Development Committee. *Note: The Area Development Committee was proposed to be created composed of local property owners for the purpose of assembling and promoting land for merchandising purposes. Each item was enlarged upon in said report and discussion was directed to the first five items with which the City Council concurred in concept. However, it was the consensus of the legislative body that Items #6 and #7 needed further clarification. The City Council asked that its appreciation be extended to the Committee and agreed that it is progressing along the right lines although felt the need of a change in the phraseology in some areas of the report. Councilman Considine will so advise the Committee. 5. 11-l5-66 EXPANSION OF CITY COUNCIL LAND COMMITTEE FEASIBILITY STUDY (TOWNE CENTRE) -/~ //&../ LAND PURCHASE (Towne Centre) f..//:'!) 17 :6907 Discussion held on the recommendation of the Citizen's Advisory Committee that the Council's Land Committee (consisting of two Council members and the City Manager) be expanded to include two citizens of the City, appointed by the Council, and if possible to be taken from the Citizen's Advisory Land Committee. It was the consensus of the City Council that no useful purpose would be served by such expansion; that inasmuch as this particular Committee is called together on such brief notice it could become unwieldy; that persons may at any time present ideas to a member of the Committee or to the City Council as the elective body responsive to the citizens of the community. I It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried unanimously that the City Council Land Committee be held to two members of the City Council and the City Manager. The City Council continued its discussion of November 1 on the practi- cability of a feasibility study for a junior department store or a major department store in the Towne Centre. The study would be geared to the interests of department stores - land size, population, economic centers and other factors such as general merchandise, apparel, furniture marketability, existing or planned competition. If the study indicated that the subject area would not accommodate such developments, then perhaps a series of exclusive shops with an unusual architectural design which might not only be a merchandising center but a tourist's attraction as well. That if the study reflected the non-feasibility of any of these possibilities, then the Council could realign its thinking into perhaps c-o type of construction. Although it was apprehensive about expending funds for the study it was the consensus of the Council that such definitive data could become a powerful sales tool. However, Councilman Arth felt that the existing Wilsey, Ham and Blair report contains practically the desired information; that in effect the City as a Corporation would be hiring a private consultant. He referred to the fact that some of the larger department stores have land divisions for the same purpose. The City Manager then explored the proposals received from consultants for the preparation of such a report which would take approximately 60 days. It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that the consulting firm of Jerry A. Rogers be retained at a fee of $5800 for the purpose of making a study of the Towne Centre to determine the feasibility of a major or junior department store; that said report be to the satisfaction of the City Manager and that funds be appropri- ated from Reserve for Capital Projects Account No. 285 in the General Fund and transferred to the Capital Projects Account No. 637 - Towne Center Feasibility Study. I AYES: NOES: ABSENT: Councilmen Butterworth, Considine, Rage, Forman Councilman Arth None In order to offer developers with appropriate plans a rectangular parcel of land in the downtown area the City Council on November 1 instructed the City Manager to secure options on two parcels of land. 6. 11-15-66 I SCAG MEMBERSHIP APPROVED J/f'ot3 I FIRE INSURANCE RE-RATING J'.7'~ 17:6908 He advised that an option had been secured on one parcel at the northeast corner of Wheeler and Santa Anita Avenues (Santa Anita Tract, Block 76, Lot 1); that it must be exercised by November 24 and to pick up the option an escrow would have to be closed on January 3, 1967. Total purchase price would be $4l,500; that funds are available in the Capital Projects Account. He advised that the second parcel is in the hands of a broker; that the price appears too high and that discussions will continue. It being.the consensus of the City Council that the subject property is critical to any development in the area it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that the City exercise the option, open the escrow by November 24, 1966 which is to be closed by January 3, 1967; that the sum of $1000 be appropriated from Reserve for Capital Projects Account No. 285 in the General Fund and transferred to Capital Projects Account No. 325 - Acquisition of Property Towne Centre, for said purpose. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None Councilman Arth voted 'aye' reluctantly and questioned the advisa- bility of purchasing additional property when the City Council has just authorized a feasibility study of the subject area - there being no overall plan as yet. The City Manager in presenting his report dated November 7, 1966 concerning the organization of the Southern California Association of Governments, explained that the cost of joining is a minimal $440; that membership may be withdrawn at any time; that the City could better express its desires and assist in keeping the association in the contemplated role of a forum for interchange of information and a purely advisable group as a member; that remaining outside eliminates the possibility of influencing its growth and development. The majority of the City Council felt that having a vote would preserve home rule, that the association should not develop into anything other than a voluntary organization and the way to control such an eventuality is to become involved. However, Councilman Considine, although not adverse to the expenditure on a year or two membership, felt that the association represents the first positive move toward State Regional government; that in his opinion in the long pull it would not protect home rule. Councilman Arth expressed concern that the City could lose its identity and could see no benefit to be derived from membership and was not impressed with the number of cities belonging. It was then MOVED by Councilman Butterworth, seconded by Councilman Hage and carried on roll call vote as follows that the Joint Powers Agreement between the City and the Southern California Association of Governments be executed by the Mayor and City Clerk in form approved by the City Attorney. Funds are available in Account No. 409-28 ($440), thus the City becomes a participating member for one year. AYES: NOES: ABSENT: Councilmen Butterworth, Considine (reluctantly), Hage, Forman Councilman Arth None The City Manager advised that an informal analysis of the City's position with regard to its fire insurance classification would indicate that there is a possibility of reducing the fire insurance classification by re-rating; that it would be desirable to have under construction or completed a modern fire training drill tower and related facilities. He explained that it would be about six months for such a request to be followed through by the American Insurance Association. 7. 11-15- 66 FLOOD CONTROL PROTECTION SIERRA MADRE WASH , 5 <> . ~ r~/j-,"-' , (-\ LEAGUE OF CALIFORNIA CITIES' REPORTS) Ci.-; f~ 1\ LEAVE/ABSENCE (Milton) (Fire Dept.) -i'~J , r "Co AUDIENCE PARTICIPATION ARCADIA TOWERS CORPORATION (Heiss Building) -1 - ~~\.~ 17:6909 Whereupon it was MOVED by Councilman Considine, seconded by Councilman Arth and carried unanimously that said request be made at this time and every effort pursued for the completion of the drill tower plans prior to the actual rating. (Location and appropriation of funds to be made at later date.) It was MOVED by Councilman Arth, seconded by Councilman Considine and carried unanimously that the City Council express its written appreci- ation to the Sierra Madre City Council for its action in reaching an "' agreement with the County Flood Control District and the Corps of ~~ Engineers for adequate protection at the Sierra Madre Wash. I Mayor Forman ordered FILED the various reports as submitted by the City Manager, 1) Resolutions adopted at the General Assembly of the Annual League Conference in-San Diego, 2) Material collected at said meeting and 3) Report of proceedings at the monthly meeting of the Los Angeles County Division Board of Directors. It was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that a leave of absence be granted Bette Milton for 60 days without pay and it is not to constitute an interruption of service. Herbert Fletcher, 175 W. Lemon Avenue, expressed dissatisfaction with the applicability of the ordinance governing the sale of parking permit s . Robert A. Goodman, representing the Arcadia Towers Corporation, addressed the City Council at length concerning the progress made in the endeavor to secure adequate financing for the purchase of land at the southwest corner of Wheeler and First Avenues and the subsequent construction of an eight story building. He advised that another extension is necessary and asked for 30 days; that the plans are currently in the Building Department for check; that they have a firm bid from a contractor which the City may review in approximately one week. He set forth in his presentation a construction completion date of March 1968. Upon inquiry he stated that he understood and would be agreeable to the City Council taking steps to seek other developments should they not be able to fulfill the terms of the agreement upon the expiration of the requested 30 days. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that an extension be granted to the Arcadia Towers Corporation to fulfill the I terms of the Agreement with the City up to and including December 20, 1966, with the further provision and understanding that if con- struction is not commenced by that date that the applicant knows that at that point the City will seek other development of the subject land. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage Mayor Forman (has consistently opposed extensions) None Mr. Goodman was informed that the City Council would not approve any document which did not meet with the approval of the City Attorney and that the City Attorney was entitled to sufficient time to review all necessary documents. Mr. Goodman replied that he understood and would comply. 8. 11-15- 66 17:6910 ORDINANCE NO. 1331 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1331, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 3214.11 THEREOF." Adopted MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of ' the full body of Ordinance No. 1331 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Ordinance No. 1331 be adopted. Motion seconded by Councilman Rage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Introduced The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1332 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3214.6 OF THE ARCADIA MUNICIPAL CODE," ORDINANCE NO, 1332 MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1332 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Considine further MOVED that Ordinance No. 1332 be introduced. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None I The prOV1S10ns of the Procedural Ordinance were waived on MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously in order to consider the following items: BANNERS (WAB&PA) ((') (i, I P f\, On MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously permission was granted the West Arcadia Business and Professional Association to erect banners publicizing the holiday season. FORMAN It was noted that Mayor Forman has been elected Vice-President of the Los Angeles County Committee of Mayors. COMBINED MEETING The combined meeting with the Planning Commission was noted - November 29, 1966 7:30 P.M. 9. 11-15- 66 SPECIAL COUNSEL RATIFIED '/ (l1f :)'" I "f ~-;' ,J .. HEARING SCHEDULED 17: 6911 The City Attorney advised the Council of the retaining of the Los law firm of Gibson, Dunn & Crutcher, and stated the firm preferred Council ratification of its employment at their stated rates. MOTION was made by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the retention of Gibson, Dunn & Crutcher be and it is hereby ratified at the rate of $75 per hour for senior counsel and $50 per hour for associate counsel to assist the City Attorney in the pending suit of Bowling Square, Inc., and Joseph W. Wilson, dba Arcadia Bowling Courts, against the City. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None I The City Clerk advised that Mrs. Lorraine Hiday had appealed the decision of the Modification Committee in its denial of her request for permission to continue the use of the laundry sign at 813 W. Huntington Drive. Whereupon a public hearing was scheduled for December 6, 1966 at 8 P.M. Mayor Forman adjourned the meeting at 11 P.M. ATTEST: ~J~~~ City Clerk I 10. ll-15-66