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HomeMy WebLinkAboutJANUARY 19,1965 I ","'Ano, PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (1-5-65) HEARING (Conditional Uses) d- 10 '7 .s I Hearing Closed 16:6454 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 19, 1965 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 19, 1965. Mr. Richard Parish, Chairman of the Board of the Arcadia Christian Church Mayor Dale E. Turner PRESENT: Councilmen Balser, Considine, Forman, Reibold, Turner The Minutes of the regular meeting of January 5, 1965 were APPROVED on MOTION by Councilman Reibold, seconded by Councilman Forman and carried unanimously. Planning Commission Resolution No. 538 recommending the amendment of Division 5, Part 7, Chapter 2 of Article IX of the Arcadia Municipal Code concerning Conditional Uses. Such an amendment would change or augment the procedures for imposition and enforcement of conditions, and delete from uses specified as permissible some or all uses classed as special uses. Following an explanation of the proposal by the Planning Staff, Mayor Turner declared the hearing open to anyone desiring to speak to the matter. Carl Lowe, representative of the Western Oil & Gas Association and the Trade Association of Oil Companies, spoke in protest to the proposed type of procedure in filing for a conditional use; he stated in part that it would be costly especially to industry as the principal cost emanates from the additional man power which would be needed in the preparation of detailed plans to be used during public hearing proceedings and that it would also be costly to the City; that the requirements for performance standards is acceptable but some of the restrictions could create problems in the development of service stations. He referred specifically to recommendations relating to drive-in businesses, pedestrian traffic, regulations for signs) landscaping, s,torage and displays. In conclusion Mr. Lowe stated that special favors are not being requested, but the Trade does object to the proposed type of procedure. Mr. Robert J. Reininger, 143 E. Foothill Boulevard, stated in part that requirements should be spelled out in the Code in order for the property owner to have something concrete to use when discussing regulations; that in his opinion the entire proposal should be reconsidered. The hearing was CLOSED on MOTION by Councilman Forman, seconded by Councilman Reibold and carried unanimously. Extensive discussion ensued on various aspects of the proposal 1. 1-19-65 HEARING (LIGHTING MAINTENANCE DISTRICT NO. 24) 3-/010 g RESOLUTION NO. 3756 SIr; ~ 5 HEARING (Auction) Greene ~ .~~ a s" i ~ 16:6455 including the possible deletion entirely of advertising sign billboards, regulations affecting the appeal procedure, and the need for definitive zoning especially in the area concerning service stations. It was the consensus of the City Council that further study was indicated prior to final determination on motion by Councilman Reibold, seconded by Councilman Considine. The matter was continued until the next regular meeting (February 2, 1965). Mayor Turner announced that this is the time and place for hearing protests with relation to the proposed "Lighting Maintenance District I No. 24" as set forth in Resolution No. 3745. The City Clerk advised that she had on file the affidavits of 1) Posting and 2) Publication, and that she had not received any written protests. Don Glenn, 1764 N. Santa Anita Avenue, spoke regarding the existing traffic problem in his area and that increased illumination would only add to the hazard. He was informed that the hearing is only being conducted on maintenance and operational costs of the existing lighting installations, not on any proposal to increase the illumi- nation in the area to which Mr. Glenn referred. No one else desiring to be heard, MOTION was made by Councilman Forman seconded by Councilman Reibold and carried unanimously that the hearing be CLOSED. It was then MOVED by Councilman Reibold, seconded by Councilman Forman and carried unanimously that any and all p~ote~ts, if any, be OV€l":.:uled. The City Attorney then presented RESOLUTION NO. 3756, explained the content and read the title of Resolution No. 3756 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS "LIGHTING MAINTENANCE DISTRICT NO. 24", TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF FAIRVIEW AVENUE, LONGLEY WAY, OAKGLEN AVENUE, SANTA ANITA AVENUE AND SIERRA MADRE BOULEVARD 'IN SAID CITY." 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. 3756 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Balser further MOVED that Resolution No. 3756 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Mayor Turner declared the hearing open on the application of Maurice Greene, auctioneer, for a business permit to allow him to auction merchandise of the Continental Lamp Shop at 26 E. Huntington Drive, on Sunday January 24, 1965 from 12 noon until ,6 P.M. No one 2. 1-19-65 PUBLIC HEARING Scheduled I TRACT NO. 16769 (Tentative map) d /01 7 LEASE (Chamber of Connnerce) 8-1/~ I SALE OF CITY OWNED PROPERTY (State) :1-/07& 16:6456 desiring to be heard on the matter the hearing was CLOSED on MOTION by Councilman Reibold, seconded by Councilman Balser and carried unanimously. MOTION was then made by Councilman Reibold, seconded by Councilman Balser and carried unanimously that the request be APPROVED. MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that a public hearing be scheduled for February 16, 1965 on the reconnnendation of the Planning Connnission as contained in its Resolution No. 537 concerning changing the basic zone of properties on the north side of Huntington Drive between Baldwin Avenue and Old Ranch Road from C-2 to c-o and D. Planning Connnission reconnnendation for APPROVAL of the tentative map of Tract No. 16769 subject to conditions as specified by the Connnission and the Water Department. MOTION was made by Councilman Forman, seconded by Councilman Considine that the tentative map of Tract No. 16769 be APPROVED. Alfred Allen, the subdivider, referred to Condition 4 which specifies that all house location plans be submitted to the Connnission for ,approval. He felt that this requirement would place an undue restriction on him in having to return to that body as all lots within the subdivision with possible exceptions complied with the Code. Discussion ensued on two problem lots, Nos. 12 and 19, which are both irregular in size. The majority of the City Council felt that only house location plans for these two lots should be reviewed by the Connnission. MOTION was then made by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the original motion be amended to provide that Condition 4 be changed to read "submit for approval by the Planning Connnission house location plans for Lot Nos. 12 and 19". AYES: NOES: ABSENT: Councilmen Balser, Reibold, Turner Councilmen Considine and Forman None The primary motion for approval, as amended, was then carried unanimously. Review of the Lease between the City and the Chamber of Connnerce for the building proposed to be constructed by the City and leased to the Chamber. The location is at Holly Avenue and Huntington Drive, connnonly referred to as 'the point'. The Lease was approved by the Chamber Board of Directors. MOTION was made by Councilman Forman, seconded by Councilman Considine and carried unanimously that the Mayor and City Clerk be and they are hereby authorized to execute said agreement in form approved by the City Attorney. The reconnnendation of the City Manager was APPROVED on MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the City accept the offer of the State 3. 1-19-65 16:6457 ~ I()tl~ Division of H1ghways in the amount of $15,719 for small parcels of land between Colorado Boulevard and La Porte Street and that the Mayor and City Clerk be and they are hereby authorized to execute a grant deed for said properties and agreement for sale accordingly. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None 4-101- The recommendation of the City Manager was APPROVED on MOTION by Councilman Considine, seconded by Councilman Balser and carried on roll call vote as follows that the City accept $4,400 from the Arcadia Industries, Inc., for Lot 14 Tract No. 26345 which amount was submitted to the City on December 31, 1964 pursuant to an agreement dated December 28, 1960 between the City and the Arcadia Industries, Inc., and that the Manager and City Clerk be authorized to execute and deliver a grant deed to said Lot 14 to Arcadia Industries, Inc. I SALE OF CITY OWNED PROPERTY (Arcadia Industries) AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None The prov~s~ons of Ordinance No. 1259, which was adopted on October 6, 1964, were reviewed. The ordinance designated February 1, 1965 as the effective date for the imposing of a 4 per cent transient occu- 1_ 1) pancy tax. The City Manager reported that to date 69 cities and 11 3' J:.;L-~ counties had levied the transient occupancy tax. Communications f <- _ -rr..( received from hotel and motel managemen~ asking for an extension of f1-rL(, - (. f',~ ~ the effective date were made part of the record. UNIFORM TRANSIENT OCCUPANCY TAX Councilmen Considine and Reibold urged delay in the enforcement of the tax, having originally voted against the adoption of such a tax. Mayor Turner was in favor of a delay in the implementation of the tax and suggested September 1, 1965 as a starting date. Councilmen Balser and Forman felt that as a legislative tax it is in order as services are rendered the hotels and motels in the City and there is a possibility that the State could preempt the City in imposing such a tax. In response to inquiry by the Mayor, the City Attorney stated in part that to the extent that the argument is valid that the Governor reluctantly signed the bill only upon the understanding that cities needed revenue, the enactment of the ordinance without levying the tax would not offset the Governor's concern. He added that it is possible for the State to preempt the field even though the City may already have levied the tax, and further that he had no way of knowing that enactment of the tax by 69 cities and 11 counties is enough to prevent the State from enacting a similar tax. I Mayor Turner stated in part that if we are of the op~n~on that the tax is valid and if we want the tax, the effective date should be left as is, and based on the statement of the City Attorney if the February 1st date does not remain it would show a weakness on the part of the City and would give the State cause for preempting the City's right. MOTION was then made by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows that the Uniform Transient Occupancy tax be effective February 1, 1965 pursuant to Ordinance No. 1259. AYES: NOES: ABSENT: Councilmen Balser, Forman, Turner Councilmen Considine, Reibold None 4. 1-19-65 STREET IMPROVEMENT (Duart e Road) J /011 TRAFFIC I SIGNALS " j- /0 b't) EQUIPMENT PURCHASE p: TEEN-AGE DANCES ~: PIC I PROPERTY APPRAISAL (Naomi and Baldwin Ave.) .!flog/ 16:6458 MOTION by Councilman Balser, seconded by Councilman Considine and carried unanimously that the plans and specifications for the im- provement of Duarte Road from Second Avenue to the east City limits be APPROVED and that the City Clerk be and she is hereby authorized to advertise for bids upon receipt of approval from the State Division of Highways. The project will be financed from State Gas Tax funds approved in the current budget. MOTION by Councilman Reibold, seconded by Councilman Considine and carried unanimously that the plans and specifications for the installation of traffic signal systems at: First Avenue and Colorado Boulevard Santa Anita Avenue and Colorado Boulevard Santa Anita Avenue and Huntington Drive (modification) That the City Clerk be and she is hereby authorized to advertise for bids upon approval from the State Division of Highways. The project will be financed from State and County Gas Tax funds approved in the current budget. MOTION by Councilman Forman, seconded by Councilman Considine and carried on roll call vote as follows that the contract for a 3-5 ton roller and trailer be awarded to the low bidder, Warnock-Bancroft in the amount of $4,728.53; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None 0 The request of Gregg Jacobson and Tim Henderson for permission to hold two teen-age dances at the National Guard Armory on January 22 and 29, 1965 was APPROVED on MOTION by Councilman Considine, seconded by Councilman Reibold and carried unanimously. It was explained that the previous permit which was issued on November 17, 1964 was unused due to inability to secure necessary clearance from the Sacramento offices in time. The City Manager advised of a problem at the intersection of Naomi and Baldwin Avenues (1400 S. Baldwin Avenue); that an unoccupied service station is on the subject property; that the City has been unable to secure the necessary right-of-way for Baldwin Avenue and as a result th,e pump islands of the service stat ion are situated in what would normally be a sidewalk area. This creates a hazardous situation for pedestrians and there is need for signalization at this intersection to synchronize with the signal system at Duarte Road and Baldwin Avenue. He presented a sketch of proposed realignment of the street which would permit signalization with the use of pedestrian signals at a mid-block crossing; that with the growth of the area by its commercial expansion he would recommend the total acquisition of the property at the southeast corner of Naomi and Baldwin Avenues. 5. 1-19-65 CURBS AND GUTTERS (Residential) ?: o/r" SOUTHERN CALIFORNIA RAPID TRANsIT DISTRICT IlDARD (j: BENCH REMOVAL .f: SENATE PROPERTY ACQUISITION FROM SCHOOL v' 16:6459 As the first step for improvement of the vehicular and pedestrian traffic problem, MOTION was made by Councilman Considine, seconded by Councilman Forman and carried unanimously that the City Manager be and he is hereby authorized to have an appraisal made of the subject property and to subsequently notify the property owner of the City's intention to acquire the property. The need for curb and gutters on corner properties in residential areas was explained by the City Manager. He stated that the City currently attempts to maintain ravelled pavement edges as well as to eliminate unsatisfactory drainage conditions; that property owners in these areas have expressed financial inability to undertake the total construction costs and recommended that the City embark upon a program whereby the City would pay a portion of the total expense involved in an effort to secure the cooperation of property owners in the installation of curb and gutters; also that the City pay SO per cent of the construction cost along side lot lines and continuing, as in the past, the financing of the total cost of extending the pavement from the gutter to the existing pavement. I The City Manager was authorized on MOTION by Councilman Reibold seconded by Councilman Considine and carried unanimously to proceed with the establishment of a policy whereby improvements may be made by curb and gutter installation in residential districts. , On MOTION by Councilman Reibold, seconded by Councilman Forman and carried unanimously the City representative to the League of California Cities' meeting in February was authori~ed to impart the position of the City on proposed legislation to levy 1/2 cent per $100 of assessed valuation ad valorem tax on property within the Southern California Rapid Transit District; that it would support this proposal for a period of not more than 5 years; however, it did not support the proposal for an amendment to the Collier-Unruh Act of 1963 to authorize a 1/2 of 1 per cent in lieu tax for rapid transit; that it would support the other four proposals of the Transit Board. In line with the continuing program for improvement of the appearance of the Central Area, the Planning Department made recommendation for the removal of eight benches in the subject area, and whereas the Bench Ad Company has made application for renewal of business license for said benches, MOTION was made by Councilman Balser, seconded by Councilman Forman and carried unanimously that the City Council revoke permits previously approved for benches as listed in the report from the Business License Officer dated January 14, 1965. The communication from State Senator Thomas M. Rees concerning Senate I reapportionment was ordered FILED. The communication from the Board of Education inquiring if the City would be interested in acquiring one parcel of'school property which faces Sixth Avenue west of Camino Grove School was referred to the Land Acquisition and Capital Projects Committee on MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously. The City had evinced an interest in property in this area for park purposes. 6. 1-19-65 ORDINANCE NO. 1277 Adopted (SERS) J-/'13 "I , ' t, ~ RESOLUTION NO. 3755 (Gas Tax Funds) Adopted ff-:: /0 g ':J- ... 1 AUDIENCE PARTICIPATION I~f- 16:6460 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1277, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM." MOTION by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1277 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Reibold further MOVED that Ordinance No. 1277 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Ordinance No. 1278 (Community Redevelopment Agency) will appear on a future Agenda. The City Attorney presented, explained the content and read the title of Resolution No. 3755 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE IMPROVEMENT OF SANTA ANITA AVENUE, A PUBLIC STREET IN SAID ClTY OF ARCADIA." MOTION by Councilman Balser, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 3755 be waived: AYES: NOES: AllSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Balser further MOVED that Resolution No. 3755 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote a$ follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Tom Wallace, 1901 Seventh Place, asked for clarification of the possibility of the City acquiring property in the Camino Grove School a~ea; that his interest stems from his scouting activities and in the subject area. He was informed that the Recreation Commission had recommended land acquisition in the area for park purposes and if culminated it would resemble the combined school-city facilities at Bonita and Hugo Reid Schools. 7. 1-19-65 LAND PURCHASE TRACT NO. 30231 (Tentative Map) 3- /0& 7 USE OF CITY NAME 16:6461 The City Manager was authorized on MOTION by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows to submit to Frances G. Carpenter, Executor of the Estate of James J. Carpenter, a bid in the amount of $25,500 with a certified check for $2,550 for the purchase of Lot Nos. 19 and 20, Block 79, Santa Anita Tract (located on Second Avenue north of the alley between Santa Clara and St. Joseph Streets across from city-owned property.) Said acquisition would require the approval of the Superior Court. The City Manager brought up the unresolved matter of tentative map of Tract No. 30231 (extension of Los Altos Avenue). He advised that negotiations between the subdivider and the owners of 505 Los Altos Avenue have been unsuccessful although the City has made efforts to assist the parties involved in reaching an agreement. In order to have a full street a portion of the property at said address was needed. The owners, Mr. and Mrs. George Mason were unwilling to dispose of the needed land except on conditions which the subdivider had stated were unacceptable to him. 1 The City Attorney advised that the attorney for Mr. Mason had authorized him to convey to the City Council that "Mr. Mason was not at this time of a mind to participate in the costsll, Mrs. George Mason explored some of the background and reasons for their unwillingness to become part of the proposed subdivision on terms offered by the developer. Arthur Bauman, subdivider, also spoke to the matter. Discussion ensued and reference was made to minutes of previous meetings. Conditions of approval were enumerated in the December 1, 1964 minutes and the minutes of December 15, 1964 authorized the staff to proceed with condemnation should negotiations between the two parties fail. However, it was the consensus of the City Council at this time that the City should not be placed in the position of furthering condemnation proceedings which would inure to the benefit of a subdivider; that he could file a secondary plan which would terminate the street at the disputed property line on which the City would probably look favorably. MOTION was then made by Councilman Considine, seconded by Councilman Forman and carried unanimously that previous instructions to the staff to pursue condemnation proceedings be withdrawn; that no further action be taken by staff on the development; that if the subdivider can complete the full street the conditions of the original approval will stand; that if he cannot complete the full street a secondary plan should be submitted terminating the street at 505 Los Altos Avenue. 1 The City Manager was authorized to communicate with the Pasadena Board of Directors, the Pasadena Board of Education (with copies to the local press) protesting the unauthorized use of the name of the City of Arcadia as one of 11 cities associated with the Human Needs and Opportunities Commission. The City Manager advised that the City had not been contacted or approached by a representative of the group. 8. 1-19-65 STUDY SESSION CANCELLED RESOLUTION NO. 3759 (Annexation No. 34 Northwest I Arcadia Uninhabited) Adopted J-/()~O ADJOURNMENT 1 16:6462 Due to conflicting meeting dates, the Study Session scheduled for January 28th was cancelled. The City Attorney presented, explained the content and read the title of Resolution No. 3759 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY DESIGNATED AS "ANNEXATION NO. 34 NORTHWEST ARCADIA UNINHABITED". MOTION by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3759 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None Councilman Forman furt:':er MOVED that Resolution No. 3759 be adopted. Motion seconded by Couilcilman Reibold and carried on roll call vote as follows AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Reibold, Turner None None PUBLIC HEARING SCHEDULED FOR MARCH 2, 1965. The meeting adjourned at 11:10 P.M. on MOTION by Councilman Considine, seconded by Councilman Balser and carried unanimously. iJ a-& ,e:-: --- ~ Mayor Turner ATTEST: ~~~ ~;; City Clerk A~ 9. 1-19-65