Loading...
HomeMy WebLinkAboutAUGUST 15,1967 MINUTES l7:7082 CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 15, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on August 15, 1967 at 8 p.m. INVOCATION I PLEDGE OF ALLEGIANCE MINUTE APPROVAL Rev. F. Diemer, Pastor of the Arcadia Christian Reformed Church. Mayor Pro Tempore Don L. Hage Minutes of the Regular Meeting of August l, 1967 were APPROVED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. Minutes of the Adjourned Regular Meeting of August 5, 1967 were APPROVED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. TRACT NO. 27276 TRUST AND FINAL MAP The consideration of the amount of trust as recommended by the Planning Commission and the Director of Public Works, and the approval of the final map of Tract No. 27276 (extension of Los Altos Avenue) had been continued to this date at the request of // ~ Mr. and Mrs. George Mason, 505 Los Altos Avenue. The tentative ~_;'CI;' approval of Tract No. 27276 authorized a subdivision trust on the parcel separating the Mason property from the westerly extension of Los Altos Avenue. The Planning Director and the Director of Public J~ Works explained the trust calculations which had been revised and ~ ~ 18 c7f~~ -L-dreduced to ~2,11:.24 (see reports on file in the office of the-Crfy 3~?O. ~Clerk). It was noted in particular that said figure does not includ~ /0 -3-6 7 the cost of curbs and gutters already constructed in front of 505 (()<t;;S;. 7 Los Altos Avenue. It was the recommendation that the trust be ~ established prior to the City signing the final map which would then be recorded. Projecturals depicting the area of improvement costs, area of entrance improvement costs, existing and proposed street improvements were explored. (Full text recorded and filed in the office of the City Clerk). I The City Council heard statements as presented by Attorney Verne E. Peckham representing the Masons; in substance, that the proposed action would affect the rights not only of the Masons but of other property owners to the east end of the subject block which could or could not result in a law suit against the City which he hoped could be avoided. He continued that a private debt may only be created by an agreement betwe~n two or more individuals, and in this instance there was no agreement or a desire for one, that instead there was opposition to the street construction as presently proposed; that it is a flagrant code violation and would create an unsightly if not actually dangerous condition of the street. Mr. Peckham asked that the basic rights of the Masons be taken into consideration and stated in part that they had offered to dedicate the land in question; that the proposed construction will cause a bottle-neck in the street; that they were not contesting the legality of the frontage assessmen, but the method used by the City in assessing the property. He also referred to a petition signed and filed by property 1. 8-l5-67 / ~.~ l7:7083 owners residing on the street in question opposing the street construction. He asked for consideration therefor. He also requested time in which to study the revised figure and re- iterated the offer of his clients to dedicate the footage to the City. He disputed the contention of benefits to the Masons and stated in part that it must also be considered to benefit all others living on the block since they will now have the opening at the far west end also; that neither the Masons or the others should be made to contribute to the developer's profit; that if the City had desired to open the street as a public improvement all property owners on the street would have been assessed. He asked that the Council consider constitutional rights for protec- ting property owners from the well-intentioned but sometimes arbitrary acts of government bodies relative to private property. The City Attorney stated in part that he had discussed with Mr. I Peckham the philosphy of the subdivision trust procedure; that the precise figures and the application thereof is a matter for the Planning and Public Works Departments; that as a Charter City Arcadia can set up its own improvement proceedings under Article 8 Section II of the State Constitution; that the Masons along with the other property owners in the subdivision would benefit by the extension of Los Altos Avenue and that the Masons were being asked to pay their share of the improvements; that they were not being asked to pay the City's share; that the trust property is not owned by the City; it is in trust. The Masons can elect to pay the assessment if they want direct access to the street or wait 20 years when the property will automatically be dedicated' for street purposes. He noted the Masons have had limited access to the street in the past. He explained the history of the subdivision trust procedures and negated the statement by Mr. Peckham that the width of the proposed street is in violation of the subdivision ordinance. He stated in part that the benefit theory is not the benefit theory in a street opening act as such, because there are many people to the east of the Masons who have in the past expressed the desire to remain on a dead-end street rather than upon a thoroughfare; that the limita- tions on the length of dead-end or cul de sac streets are of fairly recent vintage and streets that were laid out in excess of thepresent limitations were laid out properly under the law as it existed at that time. He continued that norms were set up in the ordinance and there is a specific provision therein to waive those norms and that the City Council in approving the tentative map waived the norm in this particular circumstance. During the discussion that ensued it was noted in particular that the Masons have not presently nor will they be obligated to pay anything unless that in the period of the trust they elect to take direct access to the street; that they have the right of access if they pay the amount determined by the City Council, or if the beneficiary of the trust were willing to accept anything less he has that privilege; that after the expiration of the trust period the amount the Masons would be required to pay for direct access would depend upon the improvements required to be constructed in order to make such direct I access. For instance, assuming they were to divide their lot after the end of the trust period and under the present policy and ordinances they would be required to pay the costs to relocate the curb and pave the intervening strips, but none of the costs. It was noted that at the end of the trust period or upon the payment of the trust amount, the one foot would then be dedicated to the City for street purposes. In the meantime it is held in fee by the trustee. 2. 8-l5-67 1-/0/~ e\l0. Whereupon it was MOVED by Councilman Forman, seconded by Councilman 1/3 1 g Arth and carried unanimously that the trust figure of $2,337 .24--aS k~ submitted (see report dated August l5, 1967) be APPROVED. <9ct '1 q; 3," In connection therewith it was further MOVED by Councilman Forman, seconded by Councilman Arth, that the final map of Tract No. 27276 be APPROVED subject to the following conditions: l7:7084 I l. That if Lot No.9 be shown on the final map as a separate parcel; and not dedicated by the map for public street purposes, the same shall be placed in trust by document recorded concurrently with the final map and trust instrument to contain the following CXc.,;,jl conditions: ~-~W That the same shall be dedicated to the City of Arcadia for public 3~o,ll street purposes upon payment to the trustee of the sum of $2,337.24~ or any lesser sum agreed to by the beneficiary of the trust; tha~&, said sum shall bear interest at the rate of 6 percent per annum "b <0ct3, from the date of the trust to date of payment; and that in any event upon expiration of 20 years after date of creation of the trust, the trustee shall without any payment whatsoever dedicate said lot to the City of Arcadia for public street purposes. 2. Install all standard street improvements required by the subdi- vision ordinance. Improvements, grades and drainage shall be to the satisfaction of the Director of Public Works. 3. Provide all easements required for rear line underground utilities and install all utilities underground. 4. Remove all trees and structures from the street right-of-way. 5. Remove all structures and buildings within or across the tract boundary. These removals or relocations shall comply to all City Ordinances, Codes and regulations, and be done to the satisfaction'of the Department of Public Works. 6. Dedication of street 60 feet wide or 50 feet wide plus a 5 foot planting and sidewalk easement on each side of the street. 7. That all excess land not included within the subdivision but which is now part of a lot, a portion of which is included within the subdivision, shall be disposed of to the owner of adjacent property outside the subdivision so as not to become or remain separate lots or parcels. 8. Fees and deposits required; I Street light installation 4 lights to be installed. Street sign installation Street tree installation Final approval fee to be arranged with Power Co. $ 70.00 119.00 l75.00 $364.00 9. Install approximately 560 feet of 6-inch cast iron water main in proposed street from existing 6-inch water main in Florence Avenue to end of existing 6-inch water main in Los Altos Avenue. lO. Install two 6-inch gate valves in Florence Avenue water main and two 6-inch gate valves at each end 'of proposed 6-inch water main in Los Altos Avenue. 3. 8-l5-67 o TRACT NO. 22330 (Revised tentative map) /- If/, ..) PARKING PLACE COMMISSION / 17:7085 ll, Fire hydrants per city specifications at locations determined by Fire Department. l2. Two copies of Tract map to be submitted for locations of proposed water facilities - one to be returned to subdivider for his use. l3. Copy of sewer plans and street improvements. l4. Water plans to be drawn to Water Department standards to be approved by Water Superintendent. Six prints of approved plans and original drawing to be returned to Water Department. l5. Construction of water facilities to be done by subdivider's contractor to Water Department specifications after construction of curb and gutter. Inspection to be furnished free of charge by Water Department. I 16. Water service laterals to be installed to each of the 6 parcels by Water Department at subdivider's expense at locations speci- fied by subdivider. 17. Water meter boxes installed by Water Department will be to curb grade. Maintenance of meter box grade will be the responsibility of subdivider until acceptance of tract. l8. Valve sleeves and covers shall be adjusted to finished grade during paving operations by subdivider's contractor. Ben Garside, 482'Los Altos Avenue and Henry Moorhead; 429 Los Altos Avenue, addressed the City Council stating in substance that the width of the proposed street would constitute a hazard for the general public and would depreciate property values thereon. Mr. Garside stated that it would be impossible for him to make a safe entry into his driveway. The Director of Public Works stated in ,part that the paved width of the street would be 26' creating two l3' lanes. He also explained the nec- essity for the red curbs. The MOTION PREVIOUSLY made and seconded was then CARRIED UNANIMOUSLY. . It was noted that on August l, 1967 the City Council approved the tentative map of Tract No. 22330, between Camino Real, Norman, Holly and Lovell Avenues; that one of the conditions of approval of said map required the subdivider to submit a revised tentative map indicating how the proposed street would eventually be extended to Lovell Avenue. This map was reviewed by the Planning Commission and it is now recommended for approval subject to conditions of approval originally specified by the City Council on August l, 1967 in addition to the conditions recommended by the Commission in its report dated August 8, 1967, whereupon it was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimouBay that the revised tentative map of Tract No. 22330 be APPROVED subject to ' aforesaid conditions. (See reports dated August 3 and 8, 1967). On Motion by Councilman Forman, seconded by Councilman Arth and carried I unanimously the annual financial report with proposed tax rates for the fiscal year 1967-68 as submitted by the Parking Place Commission'was approved and ordered placed in the appropriate ordinance fixing the rates of taxes and levying taxes for said year. , ,- " 4. 8-l5-67 SOUTHERN The City Manager advised that the Southern California Edison Company CALIFORNIA proposes to extend an overhead electric distribution line across City- EDISON owned property at the Canyon Reservoir site as outlined on a diagram EASEMENT on file in the office of the City Clerk. The line is needed to provide fJ' ~<Jadditional capacity to meet the growing service requirements of the area. " ~ It will also provide an additional source of power to the City's Canyon sC EO ' Reservoir so as to insure uninterrupted service to the facilities. PERSONNEL BOARD (ZONING OFFICER) [If Uo.44l. . I LAND SALE B B C CORP. '7 ) WATER WELL REPLACEMENT j.. 1/1; " , ~ . "" , '. ... I CERTIFIED ASSESSED VALUATIONS ,.-- f,~.",>, 17: 7086 On MOTION by Councilman Arth, seconded by Councilman Forman and carried unanimously the recommendation of the Personnel Board for a new classification, Zoning Officer, was APPROVED. On MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows the recommendation of the City Manager concerning the salary schedule for said position was APPROVED. Schedule No. 444, $774 to $942 per month. AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage None ' Councilmen Butterworth, Considine On recommendation of the City Manager it was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the optionee, B B C Corporation, for the purchase of city owned property on Santa Anita Avenue between Wheeler Avenue and Santa Clara Street, be extended additional time to August 22, 1967 in which to submit the required specimen performance bond in connection therewith. The City Manager advised of the need for the replacement of a water "ell ,..in the Raymond Basin as outlined in a report from the Water Manager dated August 8, 1967 and on file in the office of the City Cler~. In chis regard it was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the~Mayor be authorized to execute an agreement with James M. Montgomery, Consulting Engineers, Inc., in form approved by the City Attorney, for performing services including the location of a' feasible site, for drilling and equipment water well in the western unit of the Basin. AYES': NOES: ABSENT: Councilmen Arth, Forman .'and Hage ' None Councilmen Butterworth and Considine This project will be financed out of Reserve for Replacement Projects. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the Mayor and City Clerk be and they are hereby authorized to execute the Grant of Easement, in form approved by the City Attorney. The City Council received the report as certified to by the Los Angeles County Auditor~Controller of the 1967-68 assessed valuations. (Total $l25,489,030. an increase over 1966-67 of $5,Ol6,840.00). 5. 8-15-67 CITY HALL PARKING LOT EXPANSION , 5' {6.; /i7 AMENDMENT TO ORDINANCE NO. 1349 APPROVED J USE OF NON- CONFORMING PROPERTY EXTENDED (..), ~ -';-Y I ORDINANCE NO. 1356 ADOPTED '/ , /!. ,r--,,- i' 1"'-; -..p " f;.,,: .1[" ..{. l7 :7087 Upon advice of the City Manager that there is at present inadequate public parking space in the parking lot north of the City Hall and that it is possible to double the area in the unused space immediately west of and contiguous to the existing parking lot; that the estimated cost of installing the curb, pavement, aggregate base, striping and sufficient electrical conduit to insure the installation of lighting at a later date, would be $l,200 with the work to be accomplished by City forces, it was MOVED by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that said work be accomplished in said manner and that the sum of $1,200 be appropriated from Reserve for Capital Projects Improvement Account No. 285 in the General Fund to Capital Projects Account No. 104, City Hall Parking Lot Improvement. I AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine Upon recommendation of the City Manager and the Director of Public Works that in order to eliminate excessive and unnecessary accounting, it was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the City Attorney prepare an amendment to Section 730l.2 of the Arcadia Municipal Code substantially as follows: "Provided, however, that public utilities operating under the jurisdiction of the Public Utilities Commission of the State of California, city departments, and other governmental agencies, may be relieved of making such a deposit by the Director of Public Works." In order to consider the following matter the provisions of the Procedural Ordinance were waived on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. Pursuant to the provisions of Section 9248 of the Arcadia Municipal Code the Executor of the Estate of Melvin R. Kaiser requested that the non-conforming use permit applying to property at 306 South First Avenue be extended pending the actual sale of the property and/or settlement of the estate. It was set forth in the Declaration, filed with the City Clerk on August l4, 1967, that the property in question has been operated as a dance studio and although discontinued at the present time the cessation is only temporary and attempts are being made to sell the property for the same use. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the non-conforming permit be continued for a period of nine months. It was determined that Letters Testimentary were issued to the Executor on May 24, 1967 and considering the 90 day provision the total period would amount to one year from said date of May 24, 1967. I The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1356, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING PART 7 OF CHAPTER 6 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. l356 be waived: 6. 8-l5- 67 ORDINANCE NO. 1356 I ORDINANCE NO. 1357-A ...- ADOPTED REALTY TAX ORDINANCE NO. 1359 INTRODUCED AND ADOPTED t---- I \ AYES: NOES: ABSENT: l7:7088 Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine Councilman Arth further MOVED that Ordinance No. l356 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine The City Attorney presented for the second time and chronologically explained the events leading up to the present time in this matter, read the title of Ordinance No. l357-A, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2681.5, 268l.6, 2682.1, 2682.l.3, 2683.l, 2683.2.l, 2683.5 AND 2683.7 OF THE ARCADIA MUNICIPAL CODE." 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. 1357-A be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine Councilman Arth further MOVED that Ordinance No. 1357-A be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None Councilmen Arth, Forman and Hage. (Councilmen Forman voted "Aye" with reluctance.) Butterworth and Considine The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1359, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGIN- NING JULY l, 1967." MOTION by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. l359 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman and Rage None Councilmen Butterworth and Considine Councilman Forman further MOVED that Ordinance No. l359 be introduced and adopted. Councilman Arth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman and Rage None Councilmen Butterworth and Considine 7. 8-l5-67 I ORlJINANCE NO. 1360 INTRODUCED AND ADOPTED ..,/' RESOLUTION NO. 3955 ADOPTED 5-//1/ RECREATION COMMISSION APPOINTMENT V l7 :7089 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1360, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY l, 1967." MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. l360 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine Councilman Arth further MOVED that Ordinance No. l359 be introduced I and adopted. Councilman Forman seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine The City Attorney presented, explained the content and read the title of Resolution No. 3955, entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE ,VARIANCE FOR THE REDUCTION OF PARKING REQUIREMENTS FOR A RESTAURANT INCLUDED WITHIN A SHOPPING CENTER AT THE NORTHWEST CORNER OF SANTA ANITA AVENUE AND LAS TUNAS DRIVE." MOTION by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3955 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine Councilman Forman further MOVED that Resolution No. 3955 be adopted. Motion seconded by Councilman Arth and carried, on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman and Hage None Councilmen Butterworth and Considine The City Manager noted that city forces had cleared and smoothed city owned property at Wheeler and First Avenues (old Library site) primarily at the request of businessmen in the immediate area, with the thought that it might be used for additional parking purposes. He also advised that due to complaints about the appearance of the I quonset hut at Rolyn Place he would be meeting with the Superintendent of Schools to endeavor to improve the situation. Councilman Forman noted the improved condition of Santa Clara Street. The nomination of Leonard L. McKenzie, 1631 La Ramada Avenue, as a member of the Recreation Commission, as submitted by Councilman Forman and Mayor Considine, was ratified. Mr. McKenzie will fill out the un- expired term of Douglas Winters which will expire June 30, 1970. Mr. Winters is resigning from the Commission and will be leaving the City. 8. 8-15-67 POLITICAL ACTIVITIES (Union) ---- I ADJOURNMENT I 4 l7:7090 The City Attorney advised that the representative of Council 49 of the Municipal Employees had requested him to write a letter to the City Council advising of the recent court cases which have limited the restrictions on political activities of public employees. He reminded the City Council that the City Charter prohibits a city employee from actively participating in any municipal or county political campaign, and suggested that when the subject letter is prepared a copy should go to the Charter Revision Committee so that this particular section could be revamped to bring it into line with the decided cases. At 9:40 P.M. Mayor Pro Tempore Hage adjourned the meeting until Tuesday August 22, 1967 at 7:45 P.M. ~A~~~ ATTEST: ~ City Clerk 9. 8-l5-67