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HomeMy WebLinkAboutMAY 19,1964 Iw="" PLEDGE OF ALLEGIANCE ROLL CALL HEARING (Ells) 413/ HEARING (C-l Zone signs, etc.) -:3/iJE1 l,~~ SYSTEM (Readvertise for Bids) SCOUT-O-RAMA I: : r P... 16:6250 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA MAY 19, 1964 The City Council of the City of Arcadia, California met in regular session on May 19, 1964 in the Council Chamber of the Arcadia City Hall at 8 P.M. Rt. Rev. Msgr. Gerald O'Keeffe Church of the Holy Angels Mayor Dale E. Turner PRESENT: ABSENT: Councilmen Balser, Considine, Forman, Turner Councilman Reibold Application of Z. D. Ells, Jr., for a business permit to allow the continuation of a used car sales lot at 222 E. Huntington Drive opened for hearing by Mayor Turner. Mr. Ells, the applicant, explained that it was his intention to handle both foreign and domestic vehicles; that he had extensive experience in this business. Mr. Ralph Bowman, 58 W. Pamela Road, Arcadia, spoke on behalf of Mr. Ells. No one else desiring to be heard MOTION was made by, Councilman Balser, seconded by Councilman Forman and carried unanimously that the hearing be CLOSED. MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously that the application be APPROVED and that the subject area be released from the morator~um plac~d thereon. Planning Commission Resolution No. 504 recommending changes in the C-l portion of the Zoning Ordinance (regulations controlling signs, billboards, advertising structures and off-street parking requirements and altering uses permitted). In order for the City Council to have all pertinent data before it, qq MOTION by Councilman ,Forman, seconded by Councilman Considine and carried unanimously, the hearing on Planning Commission No, 504 was continued to June 16, 1964. Upon advice of the City Manager and Director of Public Works that the two bids received for the Telephone Fire Alarm system exceeded the Engineer's estimate which appears to be a realistic appraisal of the cost of the proposed system, MOTION was made by Councilman Forman, seconded by Councilman Considine and carried unanimously that the two bids be rejected and that the City Clerk be and she is hereby author- ized to advertise for new bids to be received JUNE 10, 1964 at 11 A.M. Upon recommendation of the City Manager MOTION by Councilman Balser seconded by Councilman Considine and carried unanimously that any and 1. 5-19-64 CAT SHOW A-: PR. BANNERS (Police) !!:PR. STATE GAS TAX REPORT VACATION OF EASEMENT (Doshier Avenue) -3-'173 16:6251 all license fees in connection with the Scout-O-Rama to be held at the Arcadia High School June 6, 1964 be waived. The event is to be under the auspices of the San Gabriel Council of Boy Scouts of America. MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously that the request of the Malibu Cat Club for permission to hold its all-breed cat show in the Arcadia National Guard Armory on November 28 and 29, 1964 be APPROVED. 1 The placing of banners in connection with the forthcoming Arcadia Police Relief Association's Dance to be held June 22, '1964 was APPROVED on MOTION by Councilman Forman, seconded by Councilman Considine and carried unanimously. The City Manager and Director of Public Works submitted a, report on projects presently budgeted under the Gas Tax Funds available and the proposed 1964-65 Gas Tax Budget. The report set forth that the City will have accumulated an estimated $88,000 by June 30th of this year and that $44,000 in matching funds must be spent by June 30th for improvement of a select system of street in order to qualify this city's uSe of the $88,000. Discussion ensued on streets listed for improvement. MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously that the projects as listed be APPROVED and that the Director of Public Works be authorized to prepare statements and resolutions for appropriate submission. MOTION was then made by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the Gas Tax Project 59 in budgeted amount of $60,000 be reduced by $44,000, which sum would then be made available for use in financing Project 42 (widening of Duarte Road) and the sum of $44,000 be appropriated from UNAPPROPRIATED SURPLUS ACCOUNT #290 in the GENERAL FUND to CAPITAL PROJECT ACCOUNT NO, 233 (Improvement of Santa Anita Avenue from Orange Grove to Grandview Avenue). AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner None Councilman Reibold The City Manager advised that a report is being prepared for the City Council in an endeavor to clarify the manner in which the Gas Tax Budget operates. 1 The City Manager advised of the receipt of a request from Mr. and Mrs. Gary Arbuckle for the vacation of the south 20' of the easement over the vacated portion of Doshier Avenue extending from Highland Oaks Avenue to the County Flood Control District property. Mrs. Cecil Redshaw, 1800 N. Highland Oaks Avenue, commented from the audience that the subject property (south of her address) is now in escrow and requested a continuation of the matter as she did not know it was to be considered at this time. 'During discussion it was brought out that the owners are contemplating 2. 5-19-64 16:6252 building a room which would encroach into the 60' storm drain; that the portion of the land behind the properties is owned by the Flood Control District and is used as a spreading basin; that Council did vacate the easement for street purpose~ but reserved drainage easements herein; that fee title remained in or reverted to the adjacent property owners for their enjoyment of the land except that any construction was done at their own risk and expense and in some instances construction was not permitted such as a solid structure. I It was the consensus of the Council that the'matter should be given further study and Councilman Considine MOVED that it be referred to the Director of Public Works for review and recommendation. Motion seconded by Councilman Forman and carried unanimously. 5 The City Manager advised of the receipt of a copy of a petition submitted to the City of Sierra Madre and a copy of same to the City of Arcadia; that the matter had been reviewed and inasmuch as the entire right of way of Orange Grove Avenue referred to in the petition ~ . is in Sierra Madre, the City has no legal authorization to take , ~action. He further advised that some time ago the City had suggested , to the City of Sierra Madre that it consider detachment of half of the right of way and subsequent annexation to the City of Arcadia so that the two cities could develop a cooperative program for improvements; that the project might qualify for matching gas tax funds; however the suggestion had not been replied to in writing; hence the matter had not come before Council previously. SPEED ON ORANGE GROVE AVENUE Councilman Forman MOVED that the City Manager communicate with Mr. and Mrs. Stanley M. Korell (circulators of the petition) advising them of the report and that the City of Sierra Madre also be contacted in the essence of expediency. Councilman Considine seconded the motion which was carried unanimously. p. R. f ~ ddu;q".€A- The City Manager chronologically explained the background of the request of the Arcadia School Board for permission to close California Street for school construction purposes; that the School Board had b'een advised on November 13, 1963 that the final, determination of its request should await the results of a survey then under study of the 'HI zone in the area and the elimination of utilities in this street; that at a combined meeting on December 30, 1963 the City Council was still of the opinion that the request could not be granted. The City Manager then advised of a request just received from the School Board requesting in writing whether or not the request is denied or granted as its records do not indicate decision either way. CLOSING OF CALIFORNIA STREET 1 Discussion held on traffic flow in line with plans for the redevelop- ment of the central area business district; that California Street is the only through street to Fifth Avenue and that it might be best to close Diamond Street south of the First Avenue School campus. Reference was made to the possibility of the new school proposed for Lemon and Holly Avenues being used as a Junior High School instead of First Avenue school which could then be used as a grade school not requiring the closing of California Street. Consensus of the Council being that the decision should await developments'in connection with the Central Area.Plan, MOTION was made by Councilman Forman, seconded by Councilman Balser and carried unanimously that the City Manager advise the School Board in writing that the City must at this time decline the School Board's request to close California Street. 3. 5-19-64 FIRE ZONE NO. 2 (Industrial Areas) ~ ORDINANCE NO. 1244 Introduced MORATORIUM RELEASE J- g'11 LAND SALE (City-owned 1418 S. Baldwin) -4-104-0 16:6253 The Planning Department's recommendation that the City Council authorize the amendment to the Arcadia Municipal Code by placing Zones IM-l and M-2 in Fire Zone No, 2 was APPROVED on MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously. Mayor Turn'er observed that it would be helpful if the Building and Safety Department prepare a resume of what is permissive in Fire Zones; that he was impressed with the report which indicated some uses. The City Attorney then presented for the first time, explained the content and read the title of Ordinance No. 1244, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3121.2 OF THE ARCADIA MUNICIPAL CODE TO PLACE ZONES M-l AND M- 2 IN FIRE ZONE NO. 1." 1 Councilman Forman MOVED that the reading of the full body of Ordinance be waived, Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen B~lser, Considine, Forman, Turner None Councilman Reibold , It was further MOVED by, Councilman Forman, seconded by Councilman , Balser and carried on roll call vote as follows that Ordinance No. l2~4 be INTRODUCED. AYES: NOES: ABSENT: Councilmen Balser, None' Councilman Reibold Considine, Forman, Turner The existing moratorium on the central area property was recommended for release on October 6, 1964 in an implementation schedule submitted by the Planning Commission at the request of the City Council. The report indicates the Commission's intention to take action on the program as diligently as possible and to make every effort to adhere to the schedule as outlined. In reviewing the recommendation the Council noted that it is a tight time schedule allowing for little deviation or provision for continuance of public hearings in connection with regulations; that the objective terminal dates indicate release of some properties by September 1, 1964. MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously that the Schedule be accepted. 1 Councilman Considine asked if it were not Gouncil's intention to specify a 'date certain'; that it was his understanding that this would be included in the recommendation. It was the concensus of the other Councilmen that the motion indicated lifting the moratorium on October 6, ~964 and that every effort will be made to so do; that further diecussion may be necessary should questions arise. The City Manager advised that the Land Disposal and Acquisition Committee had reviewed an offer submitted by Helene L. Griffin for the purchase of city owned property at 1418 S. Baldwin Avenue; that 4. 5-19-64 1 TRANSFER OF BUSINESS (Moratorium Area) -T ~19 ORDINANCE NO. 1241 ,I Mo,'.' 16:6254 conditions had been set forth by the Committee which were agreeable to the purchaser and the Committee recommended approval of the sale. MOTION was made by Councilman Considine, seconded by Councilman Balser and carried unanimously that the City-owned land at 1418 S. Baldwin Avenue be sold to Helene L. Griffin on the terms enumerated below; that the City Manager be authorized to execute,and deposit escrow instructions prepared by the City Attorney with the West Arcadia Security First National Bank and the Mayor and City Clerk be authorized to execute the necessary documents for consummation of the sale. 1, $~OOO deposit to be presented with offer of acceptance of the terms and conditions herein. 2. $7,000 to be deposited in escrow to be paid to the City on the close of escrow and not later than July 24, 1964. 3. Seller to take back a note in the amount of $22,000 secured by a First Trust Deed payable at 1% per month or more including interest of 6% per annum with any unpaid balance due and payable July 24, 1967. 4. Buyer to be given first right of refusal for its purchase of the City-owned parcel of the rear 5,000 sq. ft. now occupied by the City of Arcadia Water Department facilities. 5. Escrow to close not later than July 24, 1964 but sooner through mutual agreement of both parties and the City hereby agrees to close at an earlier date if desired by purchaser. 6, The City of Arcadia will agree to relocate the existing water lines by July 24, 1967 or sooner at its own discretion. If demand is made by the purchaser to relocate the existing lines prior to the time determined by the City, an additional $5,000 shall be paid to the City by the purchaser. MOTION by Councilman Balser, seconded by Councilman Considine and carried unanimously that the request for transfer of business license from 29~ E, Huntington Drive to 9 E. Huntington Drive be granted Donald Bessette. (Location in the moratorium area). The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1241, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE." Councilman Forman MOVED that the reading of the full body of Ordinance No. 1241 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: 'AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner None Councilman Reibold Councilman Forman further MOVED that Ordinance No. 1241 be' ADOPTED. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner None Councilman Reibold 5. 5-19-64 16:6255 ZONE VARIANCE; d-q?-~ The City Council at its regular meeting of May 5, 1964 approved the zone variance application of Mr. and Mrs. Elmer Benson for permission to construct a second dwelling at 315 W. Le Roy Avenue on the front portion of said property. The Planning Commission had recommended disapproval of the application. At the request of Henry Hege, attorney for the applicants, Council extended the courtesy of a continuation of the matter to a date after the termination of the appeal period. A resolution confirming the action of the City Council was to have been considered at this meeting. (315 Le Roy) Peer Clausen, 925 S. Eighth Avenue, addressed Council at length I summarizing the background of the City's adoption on September 3, 1963 of Ordinance No. 1221 which prohibits second dwellings in residential zones; that it was his understanding that this ordinance would be binding; that he had not known this was before the Council and strongly urged Council to rescind its action. He further read from both the Planning Commission Resolution No. 481 unanimously adopted June 25, 1963, and from the City Council Ordinance No. 1221 referred to above. Bert Pearson, 258 W. Magna Vista, requested the City Council to schedule a public hearing for the benefit of those who were opposed so they would have the same opportunity as that afforded the attorney for the applicants. Henry Hege, attorney for the applicants, addressed Council referring to specific dates on which the matter was noticed in the press; that objections from the Magna Vista property owners were included in his presentation; that he had requested permission to speak on the matter at the May 5 meeting and was certain anyone else would have received the same privilege; that the action taken was in a duly constituted manner; that he could see no reason for Council to rescind its action but that if anyone was deprived of any rights his clients had authorized him to state that if Council so desires they have no objection to a public hearing. Councilman Balser was of the Op1n10n that a public hearing would be in the best interest inasmuch as an appeal had not been filed and that Council had extended a courtesy to the attorney; that the people had not been aware he was going to speak or that action would be taken. Mayor Turner stated in part that the item was held open as a courtesy for discussion and conclusion; that an ordinance is meant to be upgrading but in every case where there is an ordinance there may be extenuating circumstances which would make a variance necessary to insure the continuance of the inherent right of the individual. In this case the extenuating 'I circumstances may not be available to those who were not at the discussion period; that it was the consensus of the majority of the Council that the individual purchased the property in good faith at a time when it was permissible to build two houses on one lot; that a vacant front portion is difficult to maintain and is not a contributing factor in appearance; that if Council feels it has taken action not acceptable to the people and one which might be open to controversy it is up to Council to right it so that if the action taken is not to their liking, at least the method by which it was accomplished will be. Councilman Considine observed in part that in his op~n~on when someone is given a building permit with tacit approval for a 6. 5-19-64 16:6256 second dwelling and when they are in the process of achieving this aim it should not be withdrawn from them without recourse; that because of the method in which this was granted and because of the feeling that perhaps everyone did not have an opportunity to be heard, he suggested that a public hearing be scheduled when all members of the Council are present so that those of the Council who created the situation will have an opportunity to hear everyone and see if the vote remains the same. I The Council being in accord, MOTION was made by Councilman Balser, seconded by Councilman Considine and carried unanimously that a public hearing be scheduled for July 7, 1964 at 8 P.M. ( Street Dedication) The City Attorney presented, explained the content and read the title of Resolution No. 3680 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS WISTARIA AVENUE AND AS TERRA LANE." RESOLUTION NO. 3680 MOTION by Councilman Considine, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3680 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner None Councilman Reibold Councilman Balser further MOVED that Resolution No. 3680 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilman Balser, Considine, Forman, Turner None Councilman Reibold ORANGE GROVE SPEED Stanley Korell, 1470 Cabellero Road, addressed Council stating in part that he discussed the matter with most of the residents in the area and they have asked for law enforcement; that they did not have in mind any improvements; that the expense would not be necessary; that they like the street the way it is. BASEBALL 1 .g- 76 I f/ Mr. Bernard Boyer, President of the Arcadia Pony League, addressed Council stating in part that the Association was most desirous of constructing a building on the corner of Second and Bonita Avenues (Bonita Park) which would be a storage facility, restroom and a snack bar; that at the present time there is sufficient help available for its construction and that it would be an improvement over the trailer which is currently being used. That plans were in the Building Department after having been reviewed by the Director of Public Works and the Recreation Department. Installation of a sewer connection was discussed and it was brought out that the City would make the connection to the building as it is located on City property and would eventually revert to the City. (City property Bonita Park) Exclusive use of the building was stated that the Pony League would under the supervision of the City also explored. Mr. Boyer be agreeable to other uses Recreation Department. 7. 5-19-64 16: 6257 Inasmuch as the Park is used in conjunction with the Scho~l, approval from the School District would be necessary. It being the consensus that Council indicate its approval so that Mr. Boyer may proceed, it was MOVED by Councilman Considine, seconded by Councilman Balser and carried unanimously that permission be granted the Arcadia Pony League to construct a building in compliance with all applicable City building and safety regulations; that the facility be used by other agencies under the supervision of the City Recreation Department; that said approval be subject to concurrent approval of the School District. I CONCRETE BLOCK WALL (Baldwin Reservoir) On recommendation of the City Manager, Councilman Forman MOVED that the City award the contract for Alternate No.1 and Alternate No.4 of said documents for the construction of a concrete block wall at the Baldwin Reservoir to HOLTON CONSTRUCTION COMPANY on the basis of cost plus 10 per cent for overhead plus 7~ per cent profit, the total cost not to exceed the maximum figure submitted - $10,992; that the sum of $4000 be transferred from the Water Department Account No. 471-2 to Water Department Account No. 471-1 to cover additional cost; that the Mayor and City Clerk be authorized to execute contract documents in form approved by the City Attorney. -!f GJ61 Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner None Councilman Reibold FLOOD CONTROL STORM DRAIN BOND ISSUE Mayor Turner commented on the reestablishment of the allocation of funds from the Flood Control District; that $1,376,600 is the allocation based on a ratio adapted from the assessed valuation of the City. MEMORIAL DAY SERVICES Mayor Turner advised of the forthcoming services to be held at the Live Oak Memorial Park and suggested that the Councilmen attend if possible as he would be out of the City attending the United States Conference of Mayors. liSP Discussion held on the 4 per cent hotel and motel bed tax which is being considered for adoption by some cities at the present time, The City of ,Inglewood having communicated with Arcadia about the matter, it was the consensus of the Council that the City Manager advise Inglewood that Arcadia has had the matter under consideration for a period of time and has not as yet made a determination. A survey showing various ~ities and estimated revenue to be prepared for Council perusal. 1 HOTEL & MOTEL BED TAX STUDY SESSION Mayor Turner advised that the monthly , Study Session meeting (May 28) would not be held. 8. 5-19-64 16:6253 TECHNICAL STUDY COMMITTEE The appointments to the Technical Study Committee will be made at a later date. RECREATION COMMISSION APPOINTMENT The vacancy created on the Recreation Commission by the appoint- ment of Roger E. Turner to the Planning Commission was filled on MOTION,by Councilman Considine, seconded by Councilman Balser and carried unanimously that DOUGLAS D. WINTERS, 300 W. ,Magna Vista Avenue, be appointed to fill out the unexpired term which will expire June 30, 1966. 1 (W~.nters) -ADJOURNMENT Mayor Turner ordered the meeting adjourned at 10:15 P.M. Q~~ Mayor Turner /~~~~ ATTEST: ~g'4~ City Clerk 1 9. 5-19-64