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HomeMy WebLinkAboutJUNE 15,1965 I"",,,,,, PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES, (5-18-65 & 6-1-65) HEARING (Zoning) :!f / / / {)...; I 16:6561 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JUNE 15, 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., June 15, 1965. Rev. J. Wm. Daum, Episcopal Church of the Transfiguration Mayor Conrad T. Reibold PRESENT: ABSENT: . Councilmen Balser, Considine, Forman, Turner, Reibold None The Minutes of the regular meetings of May 18 and June 1, 1965 were APPROVED as submitted in writing on MOTION by Councilman Forman, seconded by Councilman Considine and carried unanimously. Planning Commission Resolution No. 549 recommending upon specified conditions the reclassification of property located at 534 W. Duarte Road from Zone R-l to Zones C-O and D (architectural overlay). The Planning Director explained that a two story medical office building is proposed for the location and enumerated the conditions set forth in said resolution. Projecturals were shown depicting surrounding development, plot and floor plans, elevations, landscaping and other aspects of the proposed construction. Mayor Reibold declared the hearing open and in response to his inquiry if anyone desired to speak to the matter, Henry Hege, originally attorney and now also one of the owners, stated in part that the requested zoning in his opinion is the proper usage for the property in that it is surrounded by a church to the east, an eight story building to the west, a mortuary to the north and residential to the south. He called attention to the fact that no objections were heard before the Planning Commission and that with regard to conditions imposed by the Commission the only exception taken by the applicants is Condition No. 33 requiring eight spaces for each 1000 sq. ft. of floor space; that it is felt this is an unreasonable requirement; that some of the occupants of the proposed building will not be of the medical profession, being attorneys, dentists, etc., with varying parking needs. With reference to the church property to the east he stated in part that if the church develops its property as he understands is planned to so do, that it calls for a driveway along the westerly portion of the church property which, in his opinion, would be adequate space between the two buildings; he also stated that with reference to sharing and maintaining jointly the parking area owned by the church, as reflected in Condition No. 35, this should be deleted as the church has advised it cannot comply with this condition. In anSWer to a question, Mr. Hege replied that the owners of the property desire to locate in West Arcadia and that the subject 1. 6-15-65 16:6562 property is proper for C-O usage. Discussion ensued on the parking requirement and ways in which it could be accomplished. The Planning Director advised that the Commission in its approval of. the application had been under the impression that the parking arrangement with the Church ~as firm, being one of the reasons why Condition No. 35 requires a covenant to this effect to be recorded prior to the final plan approval. Frank Whiting, 430 Vaquero Road, attorney and member of the Church (Our Savior Lutheran Church), stated in part that it had been the I intention of the Church to share parking lots but that it had been informed by the County Assessor that it would lose its tax exemption by entering into such an agreement; that the Church must declare under oath that its property is used solely and exclusively for religious purposes; that it would be in effect a lien on a certain portion of the property which in years to come may not be used for church purposes. He expressed opposition to the sideyard setback on the east of the medical building; that although it is anticipated to build a driveway on the west side of the church property at the present time, it may be that in the future it may wish to build right up to the property line. Walter Krueger, 516 N. Del Mar, San Gabriel, member of the Church, also opposed the sideyard setback as he thought it should be at least five feet. It was brought out in discussion that the proposed medical building will not have windows along the east side. No one else desiring to be heard, it was MOVED by Councilman Balser, seconded by Councilman Considine and carried unanimously that the hearing be CLOSED. Councilman Balser recalled that several years ago an R-3 zone was granted east of Lovell Avenue on Duarte Road; that one of the points was that Lovell Avenue would be a buffer between commercial and residential areas to the east; that a 10 ft. setback of planting and block walls would protect the residential areas on the east of Lovell Avenue and south on Lovell Avenue to Naomi Avenue; that the zoning calls for single story buildings for a distance of 80' to keep it in residential character. He referred to the parking problem and setbacks which have been altered since the Planning Commission recommendation; that in his opinion the development would not be compatible with the residential area to the east, of Lovell Avenue and that if this is approved the character of the residential area would not hold any longer and recommended that the request not be granted. Councilman Considine agreed with Councilman Balser and stated in part I that it was his understanding that the building currently under construction on the southwest corner of Lovell Avenue and Duarte Road was to have been the last of commercial development in the immediate area; that he could see no reason to zone more commercial when, in his opinion, there is unused land already so zoned in the City and that he recommended that the request not be granted. Councilman Turner inquired as to just what could be done with the subject lot which is a 79' parcel surrounded by other than R-l uses; i.e., churches, an apartment to the east and business to the west; that the long narrow lot does not lend itself to an adequate R-l use. 2. 6-15-65 16:6563 Councilman Forman stated in part that he would be reluctant to approve the application unless adequate parking was provided in keeping with the recommended requirement. Councilman Balser then MOVED that the request for reclassification of the subject property at 534 W. Duarte Road as recommended for approval in Planning Commission Resolution No. 549 be DENIED. Councilman Considine seconded the motion which was carried on the following roll call vote: IThiS Motion altered on Page No. 12 AYES: Councilmen Balser, Considine, Forman THIS MOTION NOES: Councilmen Turner, Reibold CHANGED TO ABSENT: None RECONSIDER (See Page No. 12) Mayor Reibold commented that in voting 'no' he believed that the parking could be worked out and that he could not conceive of R-l or R-3 uses being built on the 79' lot between a church to the east and an 8-story office building to the west. Mayor Reibold, on suggestion of Councilman Turner and with the consent of the City Council, directed the staff to proceed immediately with augmenting the zoning maps in the municipal code to show continuing variances, conditional zoning and the like. ~: The City Manager made a srntement concerning the contents of the proposed budget for the fiscal year 1965-66, following which Mayor Reibold declared the hearing open to those who desired to speak to the matter. ~,~~~~Earle Pulsifer, President of the Arcadia Employee's Association, -~I addressed the City Council with reference to the salary schedule and was advised to first discuss any item in connection with the budget with the City Manager. HEARING (Budget) No one else desiring to speak to the matter the hearing was CLOSED on MOTION by Councilman Turner, seconded by Councilman Forman and carried unanimously. The City Manager stated that there was a clerical error on Page 91; the salary for the Assistant Police Chief should be corrected from $813-$939 to $813-$989. Councilman Balser MOVED, seconded by Councilman Forman and carried unanimously that the Budget be thus amended. Whereupon it was MOVED by Councilman Balser, seconded by, Councilman Forman and carried on roll call vote as follows that the Budget for 1965-66 be APPROVED as thus amended: I AYES: NOES: ABSENT: Councilmen Balser,. Considi~e, Forman, Turner, Reibold None None (Adopted) Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3796, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF ARCADIA, CALIFORNIA, ADOPTING THE OFFICIAL BUDGET FOR THE FISCAL YEAR 1965-1966." RESOLUTION NO. 3796 MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full 3. 6-15-65 APPOINTMENTS TO BOARDS AND/OR COMMISSIONS Civil Defense Civil Defense Library Board (New appointment) Personnel Board Planning Commission " ~ .3 Planning \' Commission Recreation Commission Sister City Commission HEARINGS SCHEDULED 16:6564 body of Resolution No. 3796 be waived: AYES: NOES: ABSENT: Councilmen Balser,. Considine, Forman, Turner, Reibold None None Councilman Considine further MOVED that Resolution No. 3796 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None I The following full four year term appointments to various Boards Commissions were made - all terms to expire June 30, 1969: and MOTION by Mayor Reibold, seconded by Councilman Considine and carried unanimously that Edward E. Simpkins be reappointed to the Civil Defense & Disaster Board. MOTION by Councilman Balser, seconded by, Councilman Turner and carried unanimously that John G. Smaxwell be reappointed to the Civil Defense & Disaster Board. MOTION by Councilman Forman, seconded by Councilman Balser that Elton D. Phillips be appointed to the Library Board of Trustees. MOTION by Councilman Considine, seconded by Councilman Balser that James H. Hastings be reappointed to the Personnel Board. MOTION by Councilman Turner, seconded by Councilman Considine and carried unanimously that Carl F. Hanson be reappointed to the Planning Commission. MOTION by Councilman Considine, seconded by Councilman Forman and carried unanimously that Roger Turner be reappointed to the Planning Commission. MOTION by Councilman Forman, seconded by Councilman Turner and carried unanimously that Stanley S. Boss be reappointed to the Recreation Commission. MOTION by Councilman Balser, seconded by Councilman Forman and carried unanimously that Thomas B. Mc Kibben be reappointed to the Sister City Commission. On MOTION by Councilman Forman, seconded by Councilman Turner and I carried unanimously a public hearing was scheduled for July 6, 1965 on Planning Commission Resolution No. 552 recommending, upon specified conditions, the reclassification to Zone C-2 and D property within the city bounded by Baldwin Avenue, Naomi Avenue, Golden West Avenue and Duarte Road not heretofore zoned for commercial purposes, the City Clerk to give proper notice. On MOTION by Councilman Considine, seconded by Councilman Balser, and carried unanimously a public hearing was scheduled for July 20, 1965 on Planning Commission Resolution No. 553, recommending, upon 4. 6-15-65 16:6565 specified conditions, the reclassification of property at the northwest corner of Foothill Boulevard and Second Avenue to Zones C-l and D, the City Clerk to give proper notice. TAX LEVY A: pp~. The recommendation of the Parking Place Commission that the City Council levy a tax of 59 per $100 assessed valuation of taxable land improvements within Parking District Nos. 1 and 2 for the tax year 1965-66 was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None BARE FEET At the City Council meeting of June 1, 1965 the recommendations of two dermatologists concerning the practice of persons going barefoot in public places, in particular the City Library, was referred to the .s' aPAiff~L Health and Sanitation Commission which Serves as an ad hoc committee '-r-- to the City Council. The report dated June 7, 1965 from the Commission was reviewed wherein it was recommended that regulations be enacted requiring persons to wear adequate foot covering in public buildings. It was further recommended that a publicity program be inaugurated pointing out a health hazard connected therewith. Following discussion on the practice of persons going barefoot in the City Library and the tendency to be less observant of normal behavior when thus attired, it was MOVED by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows that the Library Board set its own standards in this regard to enforce or maintain as it sees fit and that the City Manager use his discretion as to other public places. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Jim Foster, student, addressed the City Council stating in part that foot covering should not be regulated by City ordinance; that it could lead to other restrictions in matters which should be personal decisions. Councilman Balser MOVED that copies of the subject report be made available to merchants, restaurants, the Chamber of Commerce, etc., in an effort to acquaint the public with the health hazard as stated. The motion was seconded by Councilman Forman and carried unanimously. I BARBER SHOPS It; Pi<.. (&~ M ~ qV- The petition requesting the City Council to adopt an ordinance prohibiting the operation of barber shops in the City on Sundays APPROVED on MOTION by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows: was AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Frank Perini, representing the local barbers, was so advised. 5. 6-15-65 16:6566 MAY COMPANY !1-11O'1 The City Manager advised that during the past week his office has received approximately 65 letters, telegrams and cards protesting the construction of the May Company in the El Rancho Shopping area and requesting the City Council to place a moratorium on the property. It was suggested that the communications be acknowledged. He continued that it has been ascertained that all trucking activities will be conducted by the store between the hours of 8 A.M. and 5 P.M. daily and that merchandise for delivery,will be picked up daily between 6 P.M. and 7 P.M. In discussing the size of the proposed structure with the store representatives it was pointed out to the City Manager that an economic study has been made of the area which indicates the potential is there to warrant a 240,000 sq. ft. building. He added that the matter of traffic flow will need considerable study. The individual City Councilmen made statements set .forth in part as follows: I (FORMAN) Councilman Forman stated in part that he had received some 20 letters with many in opposition indicating a strong desire not to have anything constructed which would be injurious to their property; that some would welcome the advent of the May Company in perhaps the downtown area, with which he would agree if it were possible. However, the store preferred to negotiate with one owner rather than endeavor to work with some 50 property owners in order to put together a development; that he sympathizes with the opposing residents but that thus far there isn't anything that could legally be done. He concluded that the City Council will do everything it can to prevent major problems as a result of the development should it materialize. (TURNER) Councilman Turner stated in part that as in every situation of this nature it is his thought that it is incumbent upon the City Council to protect the inherent right of the property owner and as long as all regulations are being complied with, the City Council must abide by the ordinances which become effective after public hearings. That with reference to the request that a moratorium be placed on the subject property he would not be a party thereto as long as there is a pending development in progress which meets the requirements of the City; that the property has been zoned C-2 for 19 years and since during the intervening years no opposition has been expressed for such use the City is duty bound, in his opinion, to permit the proposed development to proceed. (CONSIDINE) Councilman Considine stated in part that he could not bring himself to create a moratorium on a single owner's land; that it would in his opinion be unjust to legislate against such an owner; that it is doubtful in his mind that to endeavor to so do would hold up in court; that as long as all requirements are complied with the development as proposed would not have any more adverse effect on the community than any other C-2 use which might go on the same property; that it would be unwise in his opinion to take action against a single property owner now functioning. I (BALSER) Councilman Balser stated in part that he too is sympathetic with the residents of the area and referred to the 19 years which have elapsed since the C-2 zoning was placed on the subject property; that perhaps the residents were not aware that over a year ago the C-2 zone was made more restrictive, i.e., the number of permitted stories was reduced from four to three; that public hearings were held at which there were no objections. He continued that this is not a good development as proposed for the City and the residents in the area, 6. 6-15-65 16:6567 11I'''''0'"' but he felt that the City Council was probably lax in not speeding up the C-l zoning because in his opinion the subject area is definitely a neighborhood shopping center area, but that he also feels that the residents in the area did not recognize their responsibility in bringing it to the attention of the City Council. He recalled that he was Chairman of the Planning Commission about 12 years ago at which time he appeared on behalf of the City in the hearings conducted by the Regional Planning Commission when the Sears Store made application for the site at Foothill and Rosemead; that he strongly protested its advent at that time. He concluded that it is his hope that the reality of the May Company is not as bad as antici- pated at the present time and that it will work out similar to the Sears development at Foothill and Rosemead Boulevards. Mayor Reibold stated in part that it is important that the views of the individual Councilmen are known; that to over simplify: 1) the C-2 zoning was placed on the subject property 19 years ago after public hearings, filing of a referendum and other action before it was finally settled; 2) that it is the largest single undeveloped parcel of C-2 property remaining in the City which makes it very attractive for a development of magnitude. He also acknowledged letters which he had received, some in protest of the development and others in favor of the development locating elsewhere in the City. He concluded that the basic question involved is one of property rights and that he would never be a part in taking or changing the zoning of an owner's property after he had purchased it in good faith and started to do the work in accordance with the law; that to reduce zoning as is being requested, in his opinion, would be confiscation because the monetary value would be reduced; that had thi~ not been in process it would have been a different subject. (PAETZ) (in part) Warren Paetz, 506 Columbia Road, chronologically explored the history of the subject property over the past 19 years; that the residents of the area had supported the C-2 zoning at the time an election was held on the rezoning on the basis of being advised that a neighbor- hood shopping center would be developed around a small lake and park (quoting from a publication dated April 4, 1946). He continued that the area progressed in this manner until the owners changed; that the residents had reason to believe the property would continue to so develop and in his opinion a moral issue is involved; that with reference to the Sears development (Foothill and Rosemead Boulevards) he had been informed by persons in that area that it has not been a good development for the adjacent residents. (DaRIN) (in part) Edward DaRin, President of the Santa Anita Rancho Residents' Association, stated in part that the placing of a moratorium on the subject property is a legal avenue down which the City Council could travel if it so desires; that it could be approached from looking at the City Attorney's opinion and his interpretation of Code Section 9293.9 as to the effective date of a change of an ordinance and with reference to the City Attorney's opinion on this there is a question in his mind as to what the words 'any use' mean; that it would be in order for the City Attorney to reconsider his opinion; that for him to so do would be a legal means of reinterpreting the Code Section whereby the City Council could declare a moratorium. He urged that this be done in the essence of time and referred to excavation currently underway on the subject property. He referred to an appraisal which the Association had conducted on depreciating property values resulting from the proposed Freeway in the area and compared it with what could be expected if the May Company establishes on the subject property. He concluded by once again asking the City Council to place a moratorium on the property in question. I 7. 6-15-65 (DUBOIS) ANNEXATION (Denied) p: ~.v..f SPECIAL COUNSEL FEE :5 'j1o HOLIDAY REIMBURSEMENT (Librarian) I g: /3)V-.1) SCAG AGREEMENT (Not approved) d- /C/fc3 16:6568 C. Paul Du Bois, attorney, on behalf of the officers of the Santa Anita Village Association and property owners within the area who had authorized the Association to proceed on their behalf, stated in part that the filing fee in connection with the zone change application was accepted prior to the issuance of an excavation permit to the May Company; that he and those he represents totally disagree with the City Attorney's interpretation placed on Code Section 9293.9 insofar as a stay is concerned with the issuance of a permit to the May Company. He referred to specific citations with which he had supplied the City Attorney; that the word 'any' in said Section 9293.9 completely destroys the City Attorney's interpretation. He I concluded that he and those he represents now demand their rights in the nullifying of the permit as issued and the preservation of the status quo for the present; that in a friendly City of this sort it seems wholly unnecessary to have to file litigation against ones own Council to compel Council action under the City zoning ordinances. The request of five property owners on South Tenth Avenue, in County territory, for annexation to the City was DENIED on MOTION by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The denial was based on the resulting City boundary which would be at the curb line. In connection with condemnation proceedings which were instituted in the acquisition of real property necessary for public purposes (combined city service yard) it was MOVED by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that fees for special counsel services in the amount of $785.75 be APPROVED for payment to James A. Nicklin, Charles R. Martin and Robert Flandrick. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None i The request of the former Librarian, Homer L. Fletcher, for reim- bursement of 16 accumulated holidays in the amount of $750.00 had been considered by the Library Board of Trustees and it had been reduced by that Board to.$540 which amount was recommended for payment. The request was DENIED by the City Council on MOTION by Councilman Considine, seconded by Councilman Turner and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Council considered the request of the Southern California Association of Governments Formation Committee that the City adopt a resolution supporting the formation of such an organization (SCAG). The City Council did not favor the creation of such an organization 8. 6-15-65 16:6569 and prior to taking official action Councilman Turner, who was Director to the League of California Cities, made the following remarks and asked that they be made part of the record for future councils: I "The proponents of the creation of this SCAG state that this will not create another level of government but that it will be an agency of local governments. As far as I am concerned elements are being incorporated into the agreements and by-laws to - if not at the present time, in the future - have an organization whose president would be second in stature only to the Governor of the State. The organization as it is set up gives an overwhelming advantage to the supervisors or the County representatives, so I will break this down to give you my thinking on that. The general assembly, for instance, that they have proposed for SCAG is made up of one member from each County Board of Supervisors and one from each Association of Cities within each County. To break that down into Los Angeles County - which we are a part - the membership would be one from the Supervisors representing the Board of Supervisors, one member repre- senting 75 cities of Los Angeles County, and one representing the City of Los Angeles (being the biggest city and being the host city they figured that they should have a representative on at all times). This is not too bad in itself if a majority vote of the quorum present prevailed, but as I go into this a little further on I will show where the fallacy of this comes in. "The next step however, I think will be to bring out the all powerful executive committee that they are proposing. This executive committee is to be made up of 6 county members and 7 members repre- senting the 142 cities. In other words, each county jurisdiction will have one representative while the 142 cities, with the exception of Los Angeles which will always have a representative, will have 6 representatives (one from each county) representing them on this all important executive committee. The general assembly is scheduled to meet 2 times a year and the executive committee 4 times a year. How they can accomplish all the things that they say they can do in this number of meetings I don't know. "The next point that I want to make is that the SCAG organization is to be alternated, one year and the next year to be a city representative. balance goes towards the County. President of this to be a supervisor Here again the I "Only the general assembly representatives or alternates can attend and vote, but they have an exception: "except that any member of any board of supervisors can attend and be a part of the deliberation". We as a city, however much we are involved in the discussion, have no voice except through the one man representing Los Angeles County's cities. Yet any member of any board of supervisors of the six counties has the right and the privilege to be in there and be a part of the deliberation. But the thing that probably killed SCAG as far as I am concerned is that on voting on any issue before a general assembly the votes of the County representatives and the city repre- sentatives are tabulated separately. Less than a majority of either is sufficient to kill any issue. In other words, four supervisorsl votes could kill any issue regardless of how important it was to any city or group of cities. By the same token it would take 72 votes from the city representatives. I would submit that it would be a lot easier for the supervisors to garner four votes than it would be for the cities to get 72 votes because in the normal case where there was something that involved the cities, in my opinion, it would be hard 9. 6-15-65 .. SALE OF EXCESS CITY OWNED LAND :1lOcl . lj..-r j .( (J I.'; 1\ / SKATEBOARDS 5: 1~tV 16:6570 to generate much interest say of Pomona over something that was occurring over on the Ventura County line. Also the counties are more closely associated at the supervisorial level than at city level. "I think that if there is to be any level of government in this regard that it should be the coordination of two things: The coordination of the efforts of the supervisors of these various counties to set up and enter a working relationship with each other. and secondly to more closely knit the regional planning commissions of each of the counties and let them study the problems and advocate I the solution that they see as being potentially possible. I would . submit to you that half of the study and action items they have submitted are items that they can be of no great help in, such as sewerage; I would submit to you that we have very complete and very adequate sanitation districts. . . Water supply - I would also submit that we have many water organizations that are working day and night on this and I don't think another level of government is going to help the water situation in Southern California. Disaster facilities - . . . I wouldn't speak to that. I would say that they perhaps have two and maybe possibly three areas in which they could serve effectively: one is water pollution and one is air pollution. Air pollution is basically a Los Angeles County problem already. It does not necessarily affect too much the other counties. There is probably one over all area in which they could do some good and that is in coordination of over all recreational facilities. That is as far as I can see where they can do some good." Following his statement Councilman Turner MOVED that the request be filed. Motion was seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Con sirline, Forman, Turner, Reibold None None Councilman Balser commended Councilman Turner on his presentation; that it would not promote home rule in Arcadia as we know it" The recommendation of the City Manager was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried on the following roll call vote that the City sell to James W. Wood that portion of excess City owned land lying northerly of Lot 7 Tract No. 13768, containing 7,442 sq. ft., in the amount of $17,419.50 with a broker's fee of $1,045.17 to be paid to realtor Paul V. Doleshal; that the escrow instructions be in form approved by the City Attorney and subject to resolving any prior commitments on the subject property. AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None I On May 18, 1965 the City Council referred to staff for study and recommendation the communication from the West Arcadia Business and Professional Association concerning the practice of the use of skateboards on sidewalks and the danger therefrom. Embodied in the report from the City Manager dated June 15, 1965 was a recommendation that regulations be adopted prohibiting skateboard use in commercial areas, 10.' , 6-15-65 I SIGN (Woman's Club) A:PR. CONTRACT AWARD (Campus Drive improvement) 4//jj CONTRACT AWARD (traffic signals) !fl/I'! I",,,,,,,,,,, (Pratt) A: pp .:+-: 'FUND TRANSFERS (various) 16:6571 Richard T. Morse, 1009 Paloma Drive, stated in part that in his opinion skateboards are enjoyable as evidenced by their use by his children and suggested that other areas be explored such as tennis courts. He also suggested that the Recreation Department could include the activity in its program. A. H. Green, 812 Southview Road, addressed his remarks to the use of alleys for skateboarding and asked that they be prohibited therefrom. It was MOVED by Councilman Turner, seconded by Councilman Forman and carried unanimously that the City Manager be instructed to take steps toward legislating against the use of skateboards in commercial areas, streets and alleys, and that the Recreation Department be asked to devise a program for the activity and endeavor to locate suitable places for same. The request of the Woman's Club for permission to erect a 15 sq. ft. sign on its property at the northeast corner of First Avenue and Diamond Avenue was APPROVED on MOTION by.Mayor Reibold, seconded by Councilman Forman and carried unanimously. It was MOVED by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the contract for the improvement of Campus Drive, Huntington Drive and Holly Avenue be awarded to the low bidder, D & W Paving Company in the amount of $23,351.95; 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 It was MOVED by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the contract for the modification and improvement of traffic signals at Campus Drive, Huntington Drive and Holly Avenue be awarded to the low bidder, . Electrical & Machinery Company in the amount of $9,963.00; 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 The resignation of Mel Pratt from the Parking Place Commission accepted with regret and Mayor Reibold asked Councilmen Forman Turner to look into a replacement. was and In order to make budget adjustments necessary at the end of the fiscal year 1964-65 transfers as outlined in the City Controller's report of June 15, 1965 were authorized on MOTION by Councilman Balser, 11. 6-15-65 "- -:1., FUND ::; . TRANSFERS (Capital Projects) COMMUNICATIONS d-/f)'11 ~ II oq A: PR ,;. ~ cr~v ORAL PARTICIPATION (May Company) Zoning (HEGE) (Item No.1) New Motion .:t II /2-- (MAY COMPANY) 16:6572 seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None In keeping with the policy of setting aside net admission tax collections and proceeds from sale of properties for Capital Projects transfers as outlined in the City Controller's report of June 15, 1965 were authorized on MOTION by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The following communications were acknowledged and ordered FILED: a. O. S. Northcote regarding Tract No. 30284. b. Rancho Santa Anita Residents' Association regarding the May Co. c. League of Women Voters suggesting steps be taken to communicate with the public through surveys, forums and meetings. (Mrs. Rowena Trevor, President, also addressed the City Council in this regard). d. Karen Jones, protesting law prohibiting the practice of going ba refoot. Robert Kaye, 1025 Paloma Drive, expressed concern over the safety of school children and those participating in baseball programs should the May Company development materialize, referring specifically to the Hugo Reid Playground. Henry Hege again addressed the City Council, asking for and receiving a clarification of a comment made by Councilman Forman following the roll' call vote that he would be willing to reconsider his 'no' vote if the parking complied with the conditions as stipulated. In order to enable the applicants to present a new plot plan complying with the regulation that eight parking spaces be created for each 1000 sq. ft. of floor space, it was MOVED by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the application be RECONSIDERED if plans are submitted in accordance with the conditions required by Planning Commission Resolution No. 549. I AYES: NOES: ABSENT: Councilmen Forman, Turner, Reibold Councilmen Balser, Considine None The owner of property at 1163 Encanto Drive (corner of Michillinda) expressed concern that a portion of his property might be condemned for street purposes should the May Company development materialize. 12. 6-15-65 16:6573 Loren Russell, 1124 Paloma Drive, in his remarks emphasized the power vested in the City Council to place a moratorium on the property if it so desires and referred to Government Code 65806, statill~ t:lat a moratorium is not wrongful pending the existing application before the Planning Commission and in turn any appeal befpre the City Council; that public welfare is involved and in such manner the application could be heard through proper channels. I Mayor Reibold stated in part that the City Council does have the right to invoke a moratorium but it has not elected to so do in this case; that it also recognizes it has the right to change the zone, but when a zone is changed from C-2 to C-l for instance, the land becomes less valuable and someone has lost money which in his opinion constitutes confiscation of property and that he personally would not be a part to changing zoning under the circumstances present here. He further commented on the residents of the area being alert to what may happen to the property between Michillinda and Rosemead which is in County territory. The City Attorney explained his op,n,on concerning the zone change application which had been accepted by the City for filing with the Planning Commission; he stated that he had not reached his opinion in haste; that at the meeting of June 1 he had no advance preparation and if he were pressed for an answer at that time he would have ruled the petition out of order; that he was not pressed, however, and immedi- ately began to research the questions involved. He thanked Mr. DuBois and others who had submitted citations. He stated he had arrived at and dictated his opinion late on Thursday and on Friday he had telephoned Mr. DuBois to give him the substance of his opinion even before copies were available. He contInued that no permits were issued until Tuesday of the following week; that he is constrained to render the best opinion of which he is capable, and that he thought the opinion was rendered rather quickly considering its importance. Mr. DuBois thanked the City Attorney and stated in part that he had received information from the Title Company that the title and interests of the May Company were acquired subsequent to the filing of the zone change application; that the permit was issued after the said application and that this makes quite a difference. A resident of the Hastings' Ranch area stated in part that since the advent of Sears the Ranch property has become a secondary development and this may occur in the Rancho Santa Anita and Village areas. I In answer to inquiry by Mr. DaRin as to whether or not the application should be rendered null and void inasmuch as reference was made to it being a policy matter not to consider a moratorium, Mayor Reibold stated, "You may be using the word 'policy' in a little broader sense. If you want to say that it was my policy that is alright, but I don't think you can construe what I said as Council policy. I said that I personally would not be a party to changing the zoning under those circumstances". ORDINANCE NO. 1291 (Adopted) The City Attorney presented for the second time, explained the content and read the title of Ordinance' No. 1291, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 3 OF PART 5 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE AND RELATED SECTIONS THEREOF." MOTION by Councilman Turner, carried on roll call vote as seconded by Councilman Forman and follows that the reading of the full 13. 6-15-65 ORDINANCE NO. 1292 (Adopted) ORDINANCE NO. 1287 (Introduced) 16:6574 body of Ordinance No. 1291 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reihold None None Councilman Turner further MOVED that Ordinance No. 1291 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None I The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1292, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1292 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Balser further MOVED that Ordinance No. 1292 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1287, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE THE "UNIFORM BUILDING CODE 1964 EDITION VOLUME I" AND "UNIFORM BUILDING CODE 1964 EDITION VOLUME III, UNIFORM BUILDING CODE STANDARDS" APPROVED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS LOCATED AT 50 SOUTH LOS ROBLES, PASADENA, CALIFORNIA, AMENDING CHAPTER 1 OF ARTICLE VIII BY AMENDING SECTIONS 8110, 8111, 8121.4, 8130, 8130.1, 8130.2, 8130.3, 8130.3.1, 8130.4, 8130.5, 8130.10, 8130.13, 8130.19 AND 8130.20 THEREOF AND ADDING NEW SECTIONS 8130.3.2, 8130.21, 8130.22, 8130.23, 8130.24, 8130.25 AND 8130.26 THERETO." MOTION by Councilman Balser, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1287 be waived: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Balser further MOVED that Ordinance No. 1287 be introduced. 11, . 6-15-65 I ORDINANCE NO. 1288 (Introduced) ORDINANCE NO. 1289 (Introduced) I 16:6575 Councilman Forman seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None (Public hearing scheduled for July 6, 1965) The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1288, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE A PRIMARY CODE ENTITLED "UNIFORM PLUMBING CODE, 1964 EDITION", DELETING AND AMENDING CERTAIN SECTIONS THEREOF, AND AMENDING CHAPTER 2 OF ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 8210, 8230, 8230.1, 8230.2, 8230.3 AND 8230.4 THEREOF AND ADDING NEW SECTIONS 8230.5, 8230.6, 8230.7, 8230.8 AND 8230.9 THERETO." MOTION by Councilman Forman, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1288 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Forman further MOVED that Ordinance No. 1288 be introduced. Councilman Considine seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None (Public hearing scheduled for July 6, 1965) The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1289, entitled: "AN ORDINANCE OF THE CIty COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE A PRIMARY CODE ENTITLED "UNIFORM WIRING CODE, 1965 EDITION", ADOPTING BY REFERENCE A SECONDARY CODE ENTITLED "NATIONAL ELECTRICAL CODE, 1962" REFERRED to IN SAID PRIMARY CODE, AND AMENDING CHAPTER 3 OF ARTICLE VIII OF tHE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 8311 TaEREOF, BY AMENDING SECTION 8310 THEREOF AND BY ADDING NEW SECTIONS 8330.1, 8330.2, 8330.3, 8330.4 AND 8330.5 THERETO." MOTION by Councilman Forman, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1289 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None It was MOVED by Councilman Forman, seconded by Councilman Balser and carried unanimously that Section 8335.5 be deleted (pertaining to underground utilities). 15. 6-15-65 ORDINANCE NO. 1290 (Introduced) RESOLUTION NO. 3795 (Adopted) 16:6576 Councilman Forman further MOVED that Ordinance No. 1289 be introduced, as amended. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None (Public hearing scheduled for July 6, 1965) The City Attorney presented for the first time, explained the content I and read the title of Ordinance No. 1290, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 2 OF CHAPTER 4 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 3420, 3420.1, 3421.1 AND 3423 THEREOF AND BY ADDING NEW SECTIONS 3420.4, 3425 AND 3426 THERETO." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1290 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Balser further MOVED that Ordinance No. 1290 be introduced. Councilman Turner seconded the motion which was 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 Resolution No. 3795, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RE-AFFIRMING THE OFFICIAL SALARY STEP SCHEDULE FOR THE VARIOUS POSITIONS IN THE CITY EMPLOY, ESTABLISHING AND RE-AFFIRMING THE VARIOUS POSITIONS IN THE CITY EMPLOY, ASSIGNING NEW SCHEDULE NUMBERS TO SUCH POSITIONS, AND ALTERING AND ADJUSTING THE MINIMUM AND MAXIMUM COMPENSATION FOR VARIOUS POSITIONS IN THE CITY EMPLOY, AND AMENDING ALL PRIOR RESOLUTIONS TO CONFORM HEREWITH." 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. 3795 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None I Councilman Forman further MOVED that Resolution No. 3795 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 16. 6-15-65 I Adjournment I 16:6577 In comment, the Planning Director stated that his department will report in detail to the Planning Commission on the zone change application (May Company) which will appear on its agenda for June 22, 1965. ' Councilman Turner commented that the Health and Sanitation Commission acting in ad hoc committee, had done a most commendable job and should be advised of the City Council's appreciation. ,Councilman Forman advised that the League of Women Voters suggestion regarding firemen becoming Deputy Registrars of Voters which had been presented to the Los Angeles County Division of the League of California Cities was referred to individual cities for recommendation back to the League. The City Manager stated that the Fire Chief is currently preparing a report which will soon be presented to the City Counci 1. The meeting adjourned at 11:45 P.M. Mayor Rei bo ld ~<?7ku27_ ~ City Clerk ~ 17. 6-15-65