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HomeMy WebLinkAboutMAY 18,1965 16: 6540 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 18, 1965 .1 ""'''An'' PLEDGE OF ALLEGlANCE The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on May 18, 1965 at 8 P.M. Monsignor Gerald O'Keeffe, Pastor of the Holy Angels Church Mayor Conrad T. Reibold ROLL CALL PRESENT: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None APPROVAL OF MINUTES (4-20-65) (5-4-65) The Minutes of the regular meetings of April 20, 1965 and May 4, 1965 were approved On MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously. HEARING (Zoning) Planning Commission Resolution No. 546 recommending the amendment of Division 3 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code (R-2, two family zone) and related sections. , P' ~~ Mayor Reibold declared the hearing open for those who desired to f c:r. U speak to the matter. No one responding it was MOVED by Councilman Forman, seconded by Councilman Balser and carried unanimously that the hearing be CLOSED. Detailed review of the sections recommended for amendment ensued. Copies of an R-2 Incentive Zoning Table were distributed and it was the consensus of the City Council that same should be included in the regulations. Said table set forth square footage with number of units permissible indicated therein. Provisions of Section 9255.2.8 concerning R-3 Parking Requirements to be made applicable also to cover Zone R-2. Some discussion held on whether or not garages should be required instead of open carports. The majority of the Councilmen were in favor of allowing carports as presently permitted. The construction of sidewalks is to be required in Zones R-2 as in all R-3 zones. 1 Councilman Forman MOVED that the City Council approve the recommen- dation of the Planning Commission (Resolution No. 546) as herein AMENDED. Motion seconded by Councilman Balser and carried unanimously. APPEAL (Bonul:a) r: t-t Ai /,;t An appeal was filed by Vito Bonura from the decision of the Planning Commission for denial of the request for permission to divide property at 371 Warren Way into two lots 1) 75' x 100.18' and 2) 125.10' x 100.24'. The new structure would front on the east side of Holly Avenue, the existing dwelling is on the corner of Warren Way and Holly Avenue. 1. 5-18-65 TRACT NO. 23567 (Tentative map) APprove~ / /07 TRACT NO. 30284 (Final map) Approved .JiO'! / HEARING SCHEDULED PARKING (Fourth Avenue) .J:J.---j4/'(.., T2' 6.v:, ~ PROPOSED ANNEXATION NO. 8 (Temple City) P' f' oj . J . 1.... .'~.... r 16:6541 No one responded to Mayor Reibold's inquiry if anyone desired to speak to the matter. During the ensuing discussion it was brought out that the deed restrictions on the property will be binding until January 1, 1966, being automatically extended for successive periods of ten years, unless a majority of the property owners agree to change them wholly or in part. Discussion also held on the significant change in the character of the neighborhood which would occur by the facing of the new home on Holly Avenue. At the present time homes do not front on Holly Avenue in the subject area, For the above reasons it was MOVED by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows that the appeal not be granted and that the Planning Commission recommendation be sustained, thereby denying the request for a lot split. 1 AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None MOTION by Councilman Turner, seconded by Councilman Considine and carried unanimously that the tentative map of Tract No. 23567 (North side of Norman Avenue between Baldwin and Lovell Avenues) consisting of 8 Single family lots be APPROVED subject to conditions as recommended by the Planning Commission in its report of May 11, 1965. MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously that the final map of Tract No. 30284 (Southeast corner of Michillinda and Orange Grove Avenue) consisting of 6 single family lots be APPROVED subject to conditions as recommended by the Planning Commission in its original report dated December 8, 1964 and in compliance with the standards, specifications and conditions set forth in the Water Department report dated May 3, 1965, and the Department of Public Works' report dated May 4, 1965. A public hearing was scheduled for June 15, 1965 at 8 P.M. on Planning Commission Resolution No. 549 recommending, upon specific conditions, the reclassification of property located at 543 W. Duarte Road from Zone R-l to Zones C-O and D (architectural overlay). The City Manager advised of a request from Robert Moser that the City utilize the provisions of Vehicle Code Section 21107.5 to remedy a parking problem which has been in existence for the past six months and complained against by the owners and occupants of the properties at 18, 20 and 22 'N. Fourth Avenue regarding parking on the easement which serves as Fourth Avenue for the properties lying north of Huntington Drive. 1 Based upon a report from staff and the Police Department, it was MOVED by Councilman Forman, seconded by Councilman Considine and carried unanimously that the communication be filed; that Mr. Moser be advised that no action can be taken by the City Council unless all owners petition the City for parking prohibition. The recommendation of the City Manager, as contained in his report dated May 11, 1965, that the City Council authorize the staff to cooperate with the City of Pasadena in endeavoring to resolve the eventual status of the existing unincorporated area lying between the 2. 5-18-65 1 PARKWAY WALL 1 (Denied) p: r<. ~ i:.. ~I ~u>-(1 {-r---' 16:6542 north side of Huntington Drive and Foothill Boulevard east of Rosemead Boulevard, was APPROVED on MOTION by Councilman Forman, seconded by Councilman Turner and carried unanimously. The action was generated by the proposal by Temple City to annex all land from the westerly boundary of Arcadia west to the Eaton Wash from Huntington Drive south. Said .City has filed its intention with the Local Formation Agency, however, a hearing date has not as yet been scheduled. Staff requested instructions from the City Council as to whether or not it would protest all or part of the proposed annexation, or if it would support the proposed annexation. It was the consensus of a majority of the City Council that a determination should be made post haste as to whether or not the City would be interested in annexing property included in the Temple City proposal, lying north of the City's south property lines abutting Duarte Road east of Rosemead Boulevard (including the south side of Huntington Drive); primarily in order not to mislead or lend encouragement to persons who would rather become part of Arcadia and are within the territory proposed for annexation to Temple City. It was therefore MOVED by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows that staff prepare a preliminary report to present to the City Council at its next regular meeting (June 1, 1965) setting forth the assessed valuation figures, sales tax returns, cost of providing services to the area referred to above (from the south side of Huntington Drive, east of Rosemead Boulevard); that during the interim all inquiries regarding the proposal of Temple City be referred to the Local Formation Agency. Councilman Balser felt that to request a staff report at this time would imply interest on the part of Arcadia to annex portions of the territory contiguous to Arcadia which has been included in the Temple City proposal; that in his opinion the area would not benefit Arcadia; it would create additional expense in police and fire services; would bring in more apartments; that residents of Arcadia who have an investment in the existing capital improvements (Library, City facilities, etc.)-would reasonably expect fees from properties --- desiring to become part of tfie-City; that he would not want to lend any encouragement to persons so disposed. The following roll call vote was then taken on the MOTION: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold Councilman Balser None Consideration was given the request of Ruben Noren, 1601 S. Tenth Avenue, for permission to construct a low masonry block curb return wall on Tenth Avenue drive entrance to his property, which would have the effect of curving his drive edge away from his hedge line. It was stated by Mr. Noren that children waiting for the school bus at the corner were damaging the hedge. Pursuant to the contents of a report from staff that the proposed improvement would be in a public right-of-way and that such encroachments could lead to legal entanglements and future clearance of the City property might be difficult without court action, it was MOVED by Councilman Balser, seconded by Councilman Forman and carried unanimously that the request be DENIED. 3. 5-18-65 STREET EVENT (Denied) A: ~(_<-f",t, iy, .J- .,. .' f.. ,A:.. AIR CONDITIONING (Library) f: t/'lAJ CONTRACT AWARD CIVIC CENTER Painting Repairs g//o~ ACCEPTANCE OF WORK City Garage ~ ? /0 A COMMUNICATION ANNEXATION Temple City P: 6-. fl.-Wto' COMMUNICATIONS (barefoot in public places) s: (Jv , :.1/ -l- i' 16:6543 MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously that the request of James W. Widaman for permission to block off the cul de sac where San Luis Rey joins Santa Rosa Road from 5:30 P.M. until 10 P.M., on May 29, 1965 be DENIED. It was explained in a communication from Mr. Widaman that the purpose was to hold a neighborhood dance. The Chief of Police had recom- mended denial of the request as set forth in his report dated May 13, 1965. The City Manager reported on the bids received for complete, 1 certified maintenance of the Library air-conditioning, heating and ventilating system and it was MOVED by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the City Council award the contract to Comford Air Sales of California, Inc., dba Kissell Air Conditioning Service for a 10-year period in the amount of $33,312.50; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process including the requirement for bidders security 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, Turner, Reihold None None The City Manager reported on bids received for painting repairs to the Civic Center and was MOVED by Councilman Forman, seconded by Councilman Considine and carried on roll call vote as follows that the City Council award the contract to the low bidder, Tipco Corporation, in the amount of $4,931.00; 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, Turner, Reibold None None MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that work as performed by Christie Company in the construction of the equipment service garage be ACCEPTED as completed and that final payment in accordance with the contract be authorized. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None 1 The communication from the Arcadia Company, Roger R. Hedrick, setting forth its desire to become annexed to Arcadia instead of Temple City was ordered FILED. The property referred to is located at 9182 Huntington Drive (in unincorporated area carrying an Arcadia post office designation). t=. The communications from Morton D. Scribner and Donald S. Freiburger, Dermatologists practicing in the City, regarding the practice of persons walking barefoot in public places such as the library, stores and restaurants which contributes to the spread of skin diseases were acknowledged. 4. 5-18-65 COMMUNICATION (skateboards) 5{1:~fA/~ 1 MAY COMPANY (El Rancho District) 1"01 1 / 16:6544 It was MOVED by Councilman Turner, seconded by Councilman Considine and carried unanimously that the matter be referred to the Health and Sanitation (ad hoc) committee to the City Council. The communication from the West Arcadia Business and Professional Association regarding the practice of skate boarding on sidewalks in the West Arcadia business area was referred to staff for recom- mendation. The problem was compared with that of bicycle riding On sidewalks which has been almost entirely eliminated by the cooperation of the Police Department and the City Schools. James Grimes, representing the Rancho Santa Anita Village Association, expressed concern at the possibility of the May Company locating in the El Rancho Shopping Center area and introduced Warren F. Paetz, Secretary, who presented an extensive statement on behalf of the Association. The'primary objection being the size of the proposed structure (approximately 240,000 sq. ft.). It was stated in part by Mr. Paetz that the facility would be an asset to the subject area if scaled down to fit properly on the available land. Reference was made to other outlets of the department store, in particular, the Topanga Canyon Shopping Center development where the same designed type of building is used as the dominant structure. Mr. Paetz urged members of the City Council to visit this structure and compare the size of the land on which the same size building is proposed to be constructed on the subject property. Reference was made to increased traffic congestion, noise and annoyance created by delivery trucks. In conclusion Mr. Paetz requested the City Council to place a moratorium on the issuance of any building permit until a full investigation could be conducted by the Planning Commission and the City Council. He referred to the pending new regulations regarding C-l, C-2 and C-3 property under consideration by the Planning Commission, and asked that the matter be delayed until the new regulations are approved. (Complete statement On file in the office of the City Clerk.) Robert Arth, speaking on behalf of the Rancho Santa Anita Resident's Association, expressed concern at the proposed height of the building, and advised'that the Association on May 10th had voted unanimously to oppose the construction of the building primarily due to the height contemplated and a Committee was appointed to represent the Association before the City Council, the Planning Commission and at any meetings with property owners and the May Company to protest any zone variance in regard to the subject property; that he was appointed as Chairman. He further referred to traffic problems and stated in part that the Association would not want any development in the area which would not be compatible with the results of the Wilsey, Ham and Blair Study; that the subject land is not suitable for a shopping center; that a building of the proposed size would be objectionable and might interfere with all possibility of the rejuvenation of the downtown area. In conclusion he asked for consideration of the placing of a moratorium on building permits as requested by Mr. Paetz and urged the City Council to view other May Company Department Stores. Dr. Terry Urbine, 3839 E. California, Pasadena, representing the Michillinda Park Association, which borders the City of Arcadia, stated in part that the Association is also concerned with some of the problems to be faced should the Department Store be constructed at this location. 5. 5-18-65 MOTION MOTION AMENDED 16:6545 COuncilman Balser observed at this point that upon inquiry he had been advised that the subject property had been zoned C-2 for over nineteen years and that the staff was working with the architects to see that the building would not be higher than regulations permit (35 feet or three stories); that consideration was being given to beautification of the grounds and that he felt the staff is working toward the advantage of the residents of the entire city for the best development under the circumstances. Mrs. Robert Arth, 1017 Catalpa Road, urged the City Council to visit other May Company stores; to see the size of the structures. 1 John Sturgeon, 862 Victoria Drive, referred to the proposed site being surrounded on three sides by residential property and directed his remarks to the traffic which would be generated into a resi- dential area; that even if modifications were made the subject land would still not be suitable for a shopping center; that in his opinion the residents are going to be disturbed and for good reason. In answer to an inquiry made by Councilman Considine as to what zoning would be acceptabk to the residents of the area, Mr. Paetz stated in part that if the pending new restrictions were in effect there would be more control of the construction. Discussion ensued with Councilman Considine exploring various aspects of the proposed structure; that to meet the desires of those opposed a major change of the Code would be required; that the City could not afford to so do for a single piece of property. Mayor Reibold observed that the City Council has a problem in that the land has been zoned C-2 for many years and now that someone has purchased it in good faith under the present regulations the City Council might not be in a position legally to alter the requirements on the subject property. COuncilman Turner concurred with Mayor Reibold in a person's inherent right to use his property for a specific purpose permitted under regulations presently in effect; that it would be a poor time to place a moratorium on a piece of property when plans are in process and referred to the policy of the City Council in the past in refusing to place moratoriums when plans were in progress, however, if plans should be dropped or if nothing was before the Planning Commission or the City Council, then consideration could be given to a moratorium. He stated further in part that the development, in his oPinion, more logically belongs in the downtown area or in con- junction with the West Arcadia Shopping Area; that this is not the prerogative of the City Council as long as a developer stays within the legal dictates of the City requirements. He then MOVED that further discussion be deferred until the next regular City Council meeting; that the staff be instructed to prepare a report on the legal grounds and prospective potentials. 1 Mrs. James Grimes, 208 Cabrillo Road, stated in part that she had noticed by previous agenda item action, the City Council had shown interest in what is best for the residents and asked for the same consideration in this matter, referring in the main to the traffic problem which would result. Councilman Considine stated in part that the members of the City Council are eager to protect the interests of the citizens of Arcadia, but it must be careful that it also protects the City within the legal limits of the Code and the property rights of the owner; that one must not be sacrificed for the other. He then MOVED that the motion be amended'to request the staff to work with the repre- sentatives of the May Company to see if through such effort the size of the proposed store could be reduced to something more acceptable to the residents of the subject area. 6. 5-18-65 . ORAL COMMUNICATIONS Annexation (Temple City) ,- , IOWmM" , NO.. 1285 Adopted :!1 /0:33 ORDINANCE- NO. 1286 Introduced 1 16:6546 Councilman Turner consented to the amendment to his motion and seconded same, The motion carried unanimously. Edward Sequerio, 9207 Callita, County,(Arcadia Post Office) representing a group of residents protesting annexation to Temple City, stated in part that they would prefer becoming part of Arcadia; that they would abide by the suggestion that all. protests be referred to the Local Formation Agency and asked that the study to be prepared by staff for the City Council be made public. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1285 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO. 3771 ADOPTED BY SAID CITY COUNCIL ON MARCH 16, 1965 AND DESIGNATED THEREIN AS "ANNEXATION NO. 35,. WEST ARCADIA UNINHABITED. ',' MOTION by Councilman Considine, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1285 be waived: AYES: NOES: ABSENT : Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Considine further MOVED that Ordinance No. 1285 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Attorney, presented, explained the content and read the title of Ordinance No. 1286 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE BY RECLASSIFYING FROM ZONE R-3 TO ZONE PR-3 AND TO ZONE C-2 AND ALSO ZONE D (ARCHITECTURAL OVERLAY) THE PROPERTY LOCATED AT 653 FAIRVIEW AVENUE IN SAID CITY." MOTION by Councilman Turner, seconded by Councilman.Forman, and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1286 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Turner further MOVED that Ordinance No. 1286 be introduced. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Balser, Considine, Forman, Turner, Reibold None None 7. 5-18-65 The City Attorney presented, explained the content and read the title of Resolution No. 3790, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ALTERING THE SOUTHEASTERLY BOUNDARY OF THE CITY OF ARCADIA PURSUANT TO SECTIONS 50190 THROUGH 50200 OF THE CALIFORNIA GOVERNMENT CODE." RESOLUTION NO. 3790 lNOIlXEl1 -j/o "/3 16:6547 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. 3790 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None 1 Councilman Balser further MOVED that Resolution No. 3790 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: RESOLUTION NO. 3791 Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Attorney presented, explained the content and read the title of Resolution No. 3791, 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. 36, SOUTHEAST ARCADIA UNINHABITED," J/o$18 MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the' reading of the full body of Resolution No. 3791 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Forman further MOVED that Resolution No. 3791 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: The City Attorney presented, explained the content and read the title of Resolution No. 3792, 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. 37, WEST ARCADIA UNINHABITED". AYES: NOES: ABSENT: RESOLUTION NO. 3792 d /O~1 Councilmen Balser, Considine, Forman, Turner, Reibold None None 1 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. 3792 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Considine further MOVED that Resolution No. 3792 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: 8. 5-18-65 1L.: BANNERS (police) 1 Uz: PERSONNEL BOARD FORMAN ADJOURNMENT 1 16: 6548 AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None MOTION by Councilman Forman, seconded by Mayor Reibold and carried unanimously that the provisions of the Procedural Ordinance be waived for the purpose of considering enactment upon the matter presented by the City Manager as follows: The request of the Arcadia Police Relief Association for permission to hang banners to publicize its annual fund raising event to be held on June 19, 1965 was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried unanimously. The banners to be displayed at Baldwin Avenue and Duarte Road and at Huntington Drive opposite Bekins Van and Storage Company building between June 2 and 21, 1965. MOTION by Councilman Forman, seconded by Councilman Balser and carried unanimously that the provisions of the Procedural Ordinance be waived for the purpose of considering enactment on the matter presented by the City Manager as follows: The recommendation of the Personnel Board that a position be created of Senior Building Inspector in the classification plan and that the job description as submitted be adopted was APPROVED on MOTION by Councilman Forman, seconded by Councilman Turner and carried unanimously. Councilman Forman reported on his attendance, with Councilman Turner, at the May 20 general meeting of the League of California Cities; that the vote on the ~~ tax to support engineering, investigations, etc., on the proposed Rapid Transit System was 14 No and 23 Yes; that he voted INc' in compliance with Council action. He further reported that additional studies are to be made in connection with the reorganization of municipal courts on a County-wide basis. The meeting adjourned at 10:35 P.M. ArrEST: ~c~~ Christine Van Maanen City Clerk 9. 5-18-65