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HomeMy WebLinkAboutJULY 6,1965 1IIl'''",A''," PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (6-15-65) HEARING (Woock) rH/~ I 16:6578 M 1 NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 6, 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., July 6, 1965. Dr. Phillip S, Ray, Pastor of the First Baptist Church of Arcadia Mayor Conrad T. Reibold PRESENT: ABSENT: Councilmen Considine, Forman, Turner, Reibold Councilman Balser MOTION by Councilman Turner, seconded by Councilman Forman and carried unanimously that the Minutes of the Regular Meeting of June 15, 1965 be approved as submitted in writing. Planning Commission Resolution No. 547 recommending the denial of a requested zone change on property located on the south side of California Street, Fifth Avenue to 145 feet west of Second Avenue from R-2 to R-3. The Planning Director explained the contents of said resolution which recommended denial of the request; that the approximately 5.8 acres is presently zoned R-2; that the property to the north, across California Street, is zoned R-3; the property to the south is zoned R-2 and the property to the west is zoned R-3. The use of the subject property is both single family and R-2, Section 2 of said resolution sets forth that neither the public necessity, convenience, general welfare or good zoning practice justifies the reclassification and that the Commission therefore recommended denial of the request, The Planning Director advised that the Planning Department was in favor of the rezoning. Mayor Reibold declared the hearing open and the following persons spoke in favor of granting the request: H. J. Woock, applicant and attorney for the owners of the subject property, stated in part that all of the owners involved had signed the petition requesting rezoning; that due to the depth of the lots and size of the property it cannot be developed under R-2 to proper advantage inasmuch as there is R-3 zoning across the street on California and urged approval of the request for R-3 zoning. H. E. Lindbloom, 334 California Street, summarized the existing situation and stated that in his opinion the request embraces a zone correction rather than a zone change; that the area can support greater density with the lots as large as those directly across the street which are developed into R-3 usage. William Callagy, 1863 Oakwood Drive, owner of 320 California Street, stated that he was concerned when the Planning Commission moved for denial of the request and referred to the need for greater uSe of the 1. 7-6-65 , 16:6579 subject property; that it would be an aid to the survival of the downtown business. R. J. Riordon, 317 South Fifth Avenue, stated that many changes have occurred in the subject area during the past 12 years; that he has , been unable to sell his 80' x 80' parcel for R-l or R-2 purposes and asked for relief through expanded zoning. Speaking in opposition: Kenneth Kaye, 314 South Third Avenue, expressed opposition to ad- ditional R-3 zones and stated that in his opinion there is sufficient R-3 zoned property which has not been developed at the present time; that the Bonita School could not expand due to the limited size of its property. I the City Clerk read a letter handed to her by Mr. Kaye from Mr. Richard Thomas, 324 South Third Avenue, which expressed his opposition to further R-3 zoning and stated in part that if a disposition of the subject area is to aid the City's growth it should be rezoned R-l not R-3. George Brigitone, 311 South Third Avenue, objected to additional R-3 ~oning and referred to a local newspaper with a complete page of apartment rentals. ~o one else desiring to speak to the matter Councilman Turner MOVED that the hearing be, CLOSED. MOTION seconded by Councilman Considine and carried unanimously. Councilman Turner stated in part that he was inclined to agree with the Planning Department that the area should be rezoned; that it did not seem realistic to him to have a city street as the dividing line between zoning; that both sides of a street should be the same; that surveys he has studied do not reflect that overcrowding of schools is ~aused by apartment dwellers; that it is not good planning. Councilman Forman in agreeing with Councilman Turner stated in part that it would be more compatible if both sides of a street were zoned alike; that he has in the past held with the Planning Commission that there should not be more R-3, but there is justification in this ,equest because it will square off the area correcting both sides of the street. Councilman Considine concurred that both sides of a street should be ~oned the same, but in this particular instance he agreed with the ~ecommendation of the Planning Commission; that in his opinion there has not been sufficient time to make a conscientious effort toward R-2 development which would encourage construction of garden type apartments; that there is already tremendous R-3 property, which is encountering trouble; that the long range view would be better than making a change now. I Mayor Reibold stated in part that in viewing the property he compared the north and south sides of the street and that in his opinion both sides should be the same; that persons seek out Arcadia as a place to live because it is select and not necessarily for the type of structure of a home, ~ It was then MOVED by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the request for change of zone from R-2 to R-3 be GRANTED and that the recommendation as ~ontained in Planning Commission Resolution No. 547 not be sustained. AYES: ~OES: ABSENT: Councilmen Forman, Turner, Reihold Councilman Considine Councilman Balser 2. 7-6-65 HEARING (ZONING) West Arcadia area I illll & I 16:6580 The ~lanning Director explained the contents of Planning Commission Resolution No. 552. He displayed photographs which depicted existing zoning and surrounding improvements in connection with 1) the application filed by the Elrovia Company, as conditional purchaser, and the First Church of Christ Scientist, as owner, for a change of zone from R-2 to C-2 on property at 812 W. Duarte Road, and 2) the proceedings initiated by the Planning Commission for reclassification to Some less restrictive zone and including zone D on all property in the City bounded by Baldwin Avenue, Naomi Avenue, Golden West Avenue and Duarte Road. In answer to a question propounded by Councilman Turner, the Planning Director stated in part that the only opposition expressed before the Commission emanated from the owner of an apartment building at 834 W. Duarte Road and in answer to Councilman Considine he stated in part that the Planning Department was of the opinion that it would be more advantageous to the area to allow a more intensive use of the property, i, e., C-2 rather than C-l zoning. NOTE: COMPLETE TRANSCRIPTION OF THE PROCEEDINGS IS ON FILE IN THE OFFICE OF THE CITY CLERK. THE FOLLOWING IS SET FORTH IN SUMMARY. Mayo~ Reibold declared the hearing open. August Goebel,'3935 E, Huntington Drive, Pasadena, California, atto~ney for George Glassoff, owner of the apartment building at 834 W, Duarte Road, addressed the City Council at considerable length. Included in his presentation were two photographs of property improvements at said location and a photostatic copy of escro~ inst~uctions which had been furnished him by the City Manager. He advised that he had placed certain marks on the instructions ~hich had not been thereon previously. He ascertained that the City Council did not have a copy of the instructions and proceeded as follows, IN PART: He p~otested on behalf of his client the recommended rezoning of property at 834 W, Duarte Road, 1) that it is arbitrary, unreasonable and discriminatory as it effects his client's property; that the granting of such zoning would amount to a taking of the property withQut compensation so as to enable the City to profit on a proposed sale of a parcel of land, 2) that the proposed zoning is spot zoning which, if enacted, cannot provide for the proper protection of his client's property in that it has no relation to public welfare. He stated that on May 17, 1960 the subject property and that to the east and west was zoned R-3; that his client developed his property in good faith about 4 years ago in accordance with that zoning; that it was built adjacent to a church; that one could not expect rezoning to take place in 4~ years; that the apartments were rented with a five per cent vacancy factor up until the time of the rezoning of property to the west to make way for the so-called Pantry Market development, but that since that property has been cleared the vacancy factor has increased to 35 per cent; that the investment has been approximately $350,000 and that with the proposed new zoning the apartment will become isolated and also non-conforming in use. He then referred to the application of the Elrovia Company; that its plans had not been submitted and that it was loathe to disclose any details concerning what was intended for the property during the Planning Commission hearings; that its representative had stated at the hearings that if there were any restrictions placed they would 3. 7-6-65 ..I 16:6581 not proceed with the transaction which was to purchase from the City property on Duarte Road (originally purchased by the City for an auditorium and later zoned for semi or semi-public use which the Elrovia Company would exchange through negotiation with the First Church of Christ Scientist for its land on the subject site). Mr. Goebel queried, why impose heavy restrictions on the property west of his clients but not on the property to be acquired from the Church by the Elrovia Company. He referred to the contemplated size of the store with its double deck parking which is proposed to be constructed on the Church proper- I ty; also the Pantry Market development, which when constructed would surround his client's property which is 130' on Duarte Road with a depth of 350' or 45,500 sq. ft. He stated that should it become economically unfeasible to maintain an R-3 use and the apartment building would have to be demolished his client would lose around $168,000 and gave calculations for the figure. He compared restrictions with those on C-l property to the west and stated that the City cannot provide proper protection for his client and his investment if the requested zoning is granted; that this zoning has no proven relation to public welfare. He further stated in part that he was taking the position that the granting of this zoning would amount to taking his client's ,property without just compensation so as to enable the ~ity to make a profit at the expense of his client. He then explored the background of the negotiations from the time the City purchased the property on Duarte (for an auditorium) cost of which appeared to be in the neighborhood, of $1 per sq. ft. (122,067 sq. ft.) to the present when the City is selling a portion of that property for $1.64 per sq. ft. reflecting a profit. He chronologically explored the purchase of land by the City from 1961 to date, the purchase and selling prices per sq, ft., which, reflected profit, He referred to specific transactions during this' period, i. e.) the escrow instructions in connection with the proposed sale of the Duarte Road property to the Elrovia Company and read certain of the conditions as set forth therein which he stated, in his opinion, constitutes selling zoning. He referred to a memorandum dated May 10, 1965 from the City' Manager, ' to the Planning Director concerning the zoning of the subject area which MI. Goebel contended was making a recommendation in favor of the proposed zone change. He also stated that there was a decided shift in the thinking of some of the Planning Commissioners - that at the May 11, 1965 hearing consideration for the apartment owner was expressed, but that at the May 25, 1965 hearing the thinking had changed to favor the rezoning of the entire area. He stated that his client had opposed the rezoning at both hearing meetings. I In conclusion Mr, Goebel stated in part that the City staff has assisted in selling zoning, to wit, the agreement for sale of pr~perty which is contingent upon its rezoning. He stated that it has been publicly stated that his client's property is for sale for what he has in it, namely, the amount of his investment, but that no one has responded, He asked for protection of the owners of the apartment building by the denial of the zone change request by the Elrovia Company and the recommendation initiated by the Planning Commission. Prior to hearing those in favor of the recommendation, the City Manager explored the background of the purchase by the City of the 4. 7-6-65 16:6582 I Duarte Road property stating in part that after it was determined by the City Council and the School Board that it was not suitable for an auditorium consideration was given to zoning it R-3, but the Planning Commission and the City Council felt that there should not be additional R-3 in the subject area due to its proximity to the school; that it was subsequently zoned for public or semi-public use. That with reference to the proposed sale of property to the Elrovia Company, he was not aware of who it was until after it became known that it was proposed to move the church to the property. That with reference to his memorandum to the Planning Department that he felt obligated to submit facts to the Department; that he had not talked with any member of the Commission and does not attend its meetings. That with reference to the escrow instructions they were properly prepared, although sometimes they are not drawn to the satisfaction of both parties; that there was no inference on the part of the Elrovia Company that there was any obligation on the part of the City to rezone any other property resulting from this sale. The City Attorney stated for the record that he would not have approved the escrow instructions had not the subject clause been included therein. M. T. Lannius, Vice President of the Elrovia Company, presented the history of his 17 year shopping ~enteL operation in West Arcadia; that it is necessary to expand in the interest of progress. He commented on the manner in which the property was to be used to permit the establishment of a May Company Store, but which did not materialize; that it is still hoped to develop the property if the proper zoning is received, all toward progression of the shopping center. He concluded with a request for favorable action on the application for rezoning. Raymond L, Jennings, past President of the Arcadia First Church of Christ Scientist Board of Directors. He stated in part that con- sideration has been given toward expansion for a number of years, but that to even build a new Sunday School would cost in excess of a quarter of a million dollars; that should an investment be made at the present location it would have the effect of precluding the entire area from becoming C-2, whereas if the overall picture is adopted the Church will locate in a more compatible area. He mentioned vandalism and utilization of its present parking lot which cannot be controlled. He concluded with a request for approval of the rezoning. No one else desiring to be heard Councilman Forman MOVED that the hearing be CLOSED. The motion was seconded by Councilman Considine and carried unanimously. I Mayor Reibold stated in part, 1) that in his opinion the apartment owner is being damaged, 2) that his counsel in order to establish this has alluded to a number of things and 3) that basically if the church and the apartment ho~e were not there this would be good zoning, He recommended that the City Council consider a condition that all zoning changes as recommended be predicated upon the concurrence of each and every property owner, which would permit the problem to be worked out in a number of ways, Otherwise, he would vote against the recommendation. Councilman Turner stated in part that this concurs with his question 5. 7-6-65 16:6583 earlier in the hearing proceedings - whether or not there had been concurrence of the other property owners. That if this were made a condition he would be in favor of it also. Councilman Considine stated in part that he questioned whether or not this would place the single property owner in the position where he could make an unrealistic profit if he simply holds out; that perhaps there should be a definitive price or valuation placed on his property. That the property owner should be protected but not be given an unfair advantage. When the discussion centered on establishing a figure at which the apartment house owner should be willing to sell, the City Attorney cautioned the City Council that it was getting close to selling zoning; that the general idea of the Council could be worked out if the Council desires, but that time would be needed for a satisfactory solution, as there are legal problems involved. I Councilman Forman then visement for 30 days. carried unanimously. MOVED that the matter be taken under ad- Motion seconded by Councilman Turner and In answer to an inquiry by Mayor Reibold if there was an area of possible settlement, Mr, Goebel replied that the figure he mentioned was not a hard and fast one; that speaking for his client every effort would be made toward a fair and just agreement with all parties; that he would make himself available for discussion. Mr, Lannius then stated in part that the Elrovia Company was not interested in the acquisition of the apartment building; that the Company should, not be placed in the position of having to bargain; that it had made a legitimate request for consideration and its rights are as worthy and basic for its progression and protection as those of the owner of the apartment. Mayor Reibold then MOVED that the request for rezoning as contained in Planning Commission No. 552 be DENIED. THIS MOTION DIED FOR LACK OF A SECOND. THE PRIMARY MOTION REMAINS. (30 days delay). Mayor Reibold advised Mr, Goebel that he would be notified when the matter is again before the City Council. The Planning Director explored the two applications and explained the reasons for the recommendation of the Planning Commission. I 6. 7-6-65 ANNEXATION NO. 36 SOUTHEAST ARCADIA uNINHABITED I RESOLUTION NO. 3797 (Adopted) 3/0gg ORDINANCE NO. 1295 (Introdu~ed) I 16:6584 Pursuant to Resolution No. 3791, Mayor Reibold declared the hearing open on proposed Annexation No. 36 Southeast Arcadia Uninhabited. Property is located on South Mayflower Avenue which is contiguous to the City Boundary line. Owners of the subject four lots petitioned the City for annexation, ' The City Clerk advised that she had on file the affidavit of publication and the affidavit of mailing as required by the Govern- ment Code and that no written protests had been received. No one desiring to speak or make oral protest to said annexation, MOTION was made by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows that the hearing be CLOSED. AYES: NOES: ABSENT: Councilmen Considine,. Forman, Turner, Reibold None Councilman Balser The City Attorney then presented, explained the content and read the title of Resolution No. 3797 entitled, "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA, FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE WITH RESPECT TO ANNEXATION NO. 36, SOUTHEAST ARCADIA UNINHABITED", MOTION by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No, 3797 be waived: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser MOTION was further made by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows that Resolution No, 3797 be adopted. AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The City Attorney then presented for the first time, explained the content and read the title of Ordinance No. 1295 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. 3791 ,ADOPTED BY SAID CITY COUNCIL ON MAY 18, 1965 'AND DESIGNATED THEREIN AS "ANNEXATION NO. 36, SOUTHEAST ARCADIA UNINHABITED". MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1295 be waived: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman further MOVED that Ordinance No. 1295 be introduced. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser 7. 7-6-65 AmlEXATION NO. 37 WEST ARCADIA UNtNHABITED RESOLUTION NO. 3798 (Adopted) :1/0 '?!j ORDINANCE NO. 1296 (Introduced) 16:6585 Pursuant to Resolution No. 3792 Mayor Reibold declared the hearing open on proposed Annexation No. 37 West Arcadia Uninhabited, Property is located in the vicinity of Naomi and Golden West Avenue contiguous to the City boundary line. The City Clerk advised that she had on file the affidavit of publi- cation and the affidavit of mailing as required by the Government Code and that no written protests had been received. No one desiring to speak or make oral protest to said annexation MOTION was made by Councilman Forman, seconded by Councilman Turner and carried On roll call vote as follows that the hearing be CLOSED. I AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The City Attorney then presented, explained the content and read the title of Resolution No. 3798 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE WITH RESPECT TO "ANNEXATION NO. 37, WEST ARCADIA UNINHABITED". 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. 3798 be waived: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman further MOVED that Resolution No. 3798 be adopted, Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The City Attorney then presented for the first time, explained the content and read the title of Ordinance No, 1296 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. 3792 ADOPTED BY SAID CITY COUNCIL ON MAY 18, 1965 AND DESIGNATED THEREIN AS "ANNEXATION NO. 37, WEST ARCADIA UNINHABITED". MOTION by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1296 be waived: I AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Turner further MOVED that Ordinance No, 1296 be introduced. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser 8. '/-.:'-65 16:6586 (Adopted) Mayor Reibold declared the hearing open on the adoption by reference of the Uniform Building Code, 1964 Edition Volumes 1 and III amending and adding sections of the Arcadia Municipal Code. The City Clerk advised that notice of the hearing had been given and copies of the proposed ordinance were kept on file in'her office for public in- spection, all as required by law. No one desiring to be heard on the matter, Councilman Turner MOVED that the hearing be CLOSED. The motion was seconded by Councilman Considine and carried unanimously. UNIFORM BUILDING CODE ORDINANCE INO. 1287 (Adopted) The City Attorney then presented for the second 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." A clerical change was noted on Page 11, Paragraph j, Line 5, 75" changed to 75'. 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. 1287 be waived: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman further MOVED that Ordinance No. 1287 be adopted, Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser UNIFORM PLUMBING CODE Mayor Reibold declared the hearing open on the adoption by reference of the Uniform Plumbing Code, 1964 Edition deleting and amending certain sections and adding new sections to the Arcadia Municipal Code. The City Clerk advised that notice of the hearing had been given and copies of the proposed ordinance had been kept on file in her office for public inspection, all as required by law. No one desiring to be heard on the matter Councilman Considine MOVED that the hearing be CLOSED. Councilman Forman seconded the motion which was carried unanimously. I "'D""N" NO. 1288 (Adopted) The City Attorney then presented for the second time, explained the content and read the tit le of Ordinance No. 1288, entit led: "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." 9. 7-6-65 UNIFORM WIRING CODE ORDINANCE ,NO. 1289 (Adopted) HEARING SCHEDULED (Huntington Drive Convalescent Hospital) TRACT NO. 30284 (Final Map Reconsideration) Denied d- 101/ 16:6587 MOTION by Councilman Considine, seconded by Councilman Turner 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 Considine, Forman, Turner, Reibold None Councilman Balser Councilman Considine further MOVED that Ordinance No, 1288 be Motion seconded by Councilman Turner and carried on roll call follows: adopted. vote as I AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None ~ouncilman Balser Mayor Reibold declared the hearing open on the adoption by reference of the Uniform Wiring Code, 1965 Edition, repealing, amending and adding new sections to the Arcadia Municipal Code. The City Clerk advised that the notice of the hearing had been given and copies of the proposed ordinance had been kept on file in her office for public inspection, all as required by law. No one desiring to be heard on the matter Councilman Considine MOVED that the hearing be CLOSED. Councilman Turner seconded the motion which was carried unanimously. The City Attorney then presented for the second 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 THEREOF, BY AMENDING SECTION 8310 THEREOF AND BY ADDING NEW SECTIONS 8330.1, 8330.2, 8330.3 AND 8330.4 THERETO." MOTION by Councilman Considine, seconded by Councilman Turner 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 Considine, Forman, Turner, Reibold None Councilman Balser Councilman Considine further MOVED that Ordinance No. 1289 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser I The City Council was notified that an appeal had been filed from the decision of the Planning Commission for denial of a conditional use permit request of the Huntington Drive Convalescent Hospital. Hearing has been scheduled for July 20, 1965 and the City Clerk will notice same pursuant to Section 9275.2.9 of the Arcadia Municipal Code. This matter was continued from the City Council meeting of May 18, 1965 at which time adjacent residents protested the development at Orange Grove and Michillinda Avenues, stating that the proposed 10, 7-6-65 16:6588 subdivision would not be compatible with the surrounding residential area; that the size of the lots were not in conformity therewith. Concern was also expressed as to deed restrictions which would be placed thereon, I Pursuant to the request of the City Council on June 1, 1965, the Planning Director reported on the status of the study being made by the Planning Commission on R-O zoning for the subject area; that 30,000 square feet is now being considered as a requirement for all lot sizes north of Foothill Boulevard which would compare favorably with surrounding properties in the vicinity. It was Councilman Turner's opinion that the action taken by the City Council on May 18, 1965 was final in that the tract meets all of the requirements of the subdivision ordinance; that if any further action is to be taken it would have to be a civil matter. Maurice Hibbert, 895 Singing Wood Drive, addressed the City Council on behalf of the Rancho Santa Anita Property Owners' Association, stating in part that the residents did not realize what was transpiring and referred to deed restrictions which, in his opinion, would be violated by the proposed tract map, and to storm drain and sewer easement locations appearing on both the tentative and final maps; that the subdivider has presented a method for handling the drainage problem which is different than originally submitted, He continued that if all the f~cts now known had been before the City Staff, Planning Commission and the City Council at the time the tentative map was considered, the result might have been substantially different. Robert E. ,Carter, attorney for William Hovanitz, the subdivider, stated in part that his client abided by all requirements to apprise the residents in the area of what was transpiring; that the application form filed relating to the deed restrictions was truthful; and that with relation to the easement for public utilities it does not apply to this subdivision, being an easement which exists in adjacent neighboring properties; that the function of approving the drainage and sewer installation was delegated to the City Engineer who advises that it will be handled without difficulty, He concluded with stating in part that the subdivider has expended substantial monies in preparing the tentative and final maps based on the action of the City Council in its approval and that the develop- ment,is consistent with the present zoning applicable to the area. I In answer to inquiry, the City, Attorney stated in part that subdi- visions are governed in the first instance by State Law under the Business and Professions Code, under which certain regulatory powers are conferred on the local agency particularly in the field of design and improvements; that if a subdivision complies with all re- quirements the subdivider is entitled to have his map approved; that whether it is reconsidered or not, the result would be the same if the developer has complied with all regulations; that the City Council's approval followed by the recordation of the final map determines validity; that a material misrepresentation or a mistake would warrant reconsideration, but such has not as yet been brought forth by the evidence and it is a general rule that a judgment. decision thus made in accordance with the law is final, in the absence of fraud or mistake of material fact. Whereupon Councilman Turner MOVED that the request for reconsideration of the approval of the final map of Tract No. 30284 be DENIED. Mayor Reibold seconded the motion which was carried on roll call vote as follows: 11. 7-6-65 MODIFICATION (Zone D) RESOLUTION NO. 3597 -69/'2- EXTENSION GRANTED VALLONE (Variance) -49'1/ TRACT NO. 23146 ACCEPTED -8/05':;- RESOLUTION NO. 3799 ADOPTED (STOP SIGNS) 16:6589 AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser In order to permit property located at 745 and 805 West Duarte Road to be improved into a development other than a food market as was originally proposed at the time C-2 and D zoning was approved, the purchasers of said property have requested a modification of a restriction contained in Paragraph b, Section 2 of Resolution No, 3597 which was adopted June 4, 1963. It currently provides that "Lots 125, 126, and 127 shall be developed contemporaneously as a unit and as one building site." I The consensus of the City Council being that the request is not unreasonable, the following minute resolution was adopted on MOTION by Councilman Turner, seconded by Councilman Considine and carried On roll call vote as follows: BE IT RESOLVED: That Paragraph b, Section 2, of Resolution No. 3597 be and it is hereby modified to read, "No building site shall have a width of less than 140 feet". AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The City Council considered the request of the Vallone Construction Company for a six months' extension in the requirement for the Submission of complete working drawings, in connection with a proposed eight story apartment building for which a zone variance was granted by Resolution No, 3693 on July 27, 1964 to be constructed on property located at 600 to 634 West Huntington Drive. The builder is currently in the East endeavoring to arrange for additional financing. The working drawings are reported to be 90 per cent complete. The consensus of the City Council was that the request is under- standable and the following minute resolution was adopted on MOTION by Councilman Turner, seconded by Mayor Reibold and carried on the following roll call vote: BE IT RESOLVED: That Section 3, Paragraph (a) of Resolution No. 3693 be amended to provide that complete working drawings be submitted and approved by the Planning Commission or the City Council on or before January 27, 1966, AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser I On MOTION by Councilman Considine, seconded by Councilman Turner and carried unanimously the improvements as completed in Tract No. 23146 (Ilene Drive) were accepted for maintenance by the City. The City Attorney presented, explained the content and read the title of Resolution No, 3799, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING AS STOP INTERSECTIONS THE INTERSECTION OF ST. JOSEPH STREET WITH SANTA ANITA AVENUE FOR WEST BOUND TRAFFIC, THE INTERSECTION OF FRONT STREET WITH SANTA CLARA 12. 7-6-65 16:6590 STREET FOR SOUTHEASTER~Y BOUND TRAFFIC, AND THE INTERSECTION OF ILENE DRIVE WITH SECOND AVENUE FOR EAST BOUND TRAFFIC, AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT." MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3799 be waived: I AYES: NOES: ABSENT: Councilmen Considine~ Forman, Turner, Reibold None Councilman Balser Councilman Considine further MOVED that Resolution No. 3799 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser On recommendation of the Director of Public Works and the City Manager, the improvement of Santa Anita Avenue from Colorado Boulevard to Huntington Drive as completed by the D & W Paving Company was accepted and final payment in accordance with the contract was authorized on MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows: WORK ACCEPTANCE D & W PAVING -:!J-1091 AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The City Manager, Police Chief and Director of Public Works con- curring in the request of the property owner for a 'No Parking Zone' for a curb distance of 20' at the southwest corner of Fourth Avenue and Huntington Drive, the City Attorney presented, explained the content and read the title of RESOLUTION NO. 3800 entitled: "A RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, NO. 3800 ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF HUNTINGTON DRIVE (Adopted) WEST OF FOURTH AVENUE IN SAID CITY." ~:~~~MOTION by Councilman Forman, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 3800 be waived: NO PARKING ZONE (FOURTH AVENUE & HUNTINGTON DRIVE) I AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman further MOVED that Resolution No. 3800 be adopted. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser AWARD OF CONTRACT , The City Manager reported that the following bids had been received, on the construction of a 5~ million gallon reservoir at Baldwin Avenue and Orange Grove Avenue (Baldwin Reservoir No, 3) and j /1/1 13. 7-6-65 SANTE FE RAILROAD STATION P J f!l/.; // / H: ' ./.1 ((,I C... RECREATION A',(Donation) \ LAND PURCHASE (122 N. Santa Anita - Central Area) -:}J/I~ 16-6591 recommended the contract be awarded to the low bidder, Vanlar Construction, Inc.: Bidder Vanlar Construction, Inc. Christie Company Tomei Construction Company Nick Pokrajac, Inc. J. Putnam Henck Galloway & Christopher E. M. Penn Construction Company Cardiff Construction Company Volz Construction Company Rex W. Murphy Item No. 1 $323,900 339,600 349,900 349,886 353,085 357,535 377 ,900 379,992 381,980 415,000 Total 1 & 2 $324,050, 339,950 350,000 350,386 353,135 357,695 378,100 380,292 382,230 415,200 I Item No" 2 $150 350 100 500 50 160 200 300 250 200 MOTION by Councilman Considine, seconded by Councilman Turner and carried on roll call vote as follows that the City Council accept the recommendation of the City Manager and award the contract for the construction of the Baldwin Reservoir No.3 to the low bidder, Vanlar Construction, Inc., in the amount of $324,050.00; 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 Considine, Forman, Turner, Reibold . None Councilman Balser On recommendation of the City Manager, Councilman Considine MOVED that the Atchison, Topeka and Santa Fe Railroad Company be granted a variance from Fire Zone No. 2 regulations to permit a portion of its depot located near First Avenue and Flower Street to be demolished and the rebuilding of the remaining structure into a combination waiting room, office and storage area. The motion was seconded by Councilman Forman and carried unanimously. On MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows, the City Council approved the recommendation of the Recreation Commission and authorized the appropriation of $650.00 from the Parks and Recreation Facilities Fund for the purchase of one set of bleachers (100 seats); and accepted the donation of $200.00 from the Equestrian Trails, Inc. ($100.00 to be donated upon delivery of the bleachers and the remaining $100.00 to be paid on or about July 1, 1966). The equipment to be used by the Arcadia Mounted Police and the Equestrian Trails, Inc. I AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The recommendation of the City Manager was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that the City Council authorize the City Manager to enter into an escrow, in form approved by the City Attorney, for the purchase of property at 122 N. Santa Anita Avenue, (Lots 29, 30, 31, 32, 33 and 34, Block 76, Santa Anita Tract) in the amount of $187,000 from the Wolsam Realty Company, owners of the 14. 7-6-65 STATEMENT (Forman) I'c' next it em) '%p LAND PURCHASE (23 Wheeler Street - Central Area) J-Jl11 LAND PURCHASE (Park site) g/o~ 1 LIBRARY (air conditioning contract) Amendment of bond requirement 3'1-7 ).. 16:6592 Peerless Laundry; the owners to have the right of occupancy until February 15, 1966 or six months after the close of escrow: AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman made the following statement for the record: "I wish to state that at one time I had an exclusive listing on the property to be discussed at 23 Wheeler Street, but this listing expired long before the time any consideration whatsoever was given by the City for the acquisition of this property. The property has since been relisted with another broker in the office and I have no financial interest directly or indirectly in the sale of this property. The statement I made for the record on June 3, 1964 concerning my real estate brokers status and my affiliation with other brokers remains unchanged and in every respect is still a correct statement at this time", The recommendation of the City Manager was APPROVED on MOTION by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows that the City Manager be authorized to enter into escrow, in form approved by the City Attorney, for the purchase of property at 23 Wheeler Street, (Lot 6, Block 76, Santa Anita Tract) in the amount of $24,500 from Carl ~and Elsie T. Anderson: L--- AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The recommendation of the City Manager was APPROVED on MOTION by Councilman Considine, seconded by Councilman Forman and carried on roll call vote as follows that the City Manager be authorized to enter into an escrow in form approved by the City Attorney for the purchase of property at 1410 S. Sixth Avenue (the south 92.50 ft. of the north 185 feet of the west 220.92 feet of Lot 60, Tract No. 808) in the amount of $24,500 with the owner retaining possession for a period of 60 days from date of entering escrow; that the sum of $24,500 be transferred from the Reserve for Capital Projects Account No. 285 in the General Fund to Capital Projects Account No. 628, Property Acquisition, South Arcadia Park. AYES: NOES: ABSENT : Councilmen Considine, Forman, Turner, Reibold None Councilman Balser The property is being acquired for park purposes in connection with existing facilities of the Camino Grove School. Upon the recommendation of the Purchasing Officer and the City Manager, it was MOVED by Councilman Turner, seconded by Councilman Considine and carried on roll call vote as follows that the City Council approve continuing the certified maintenance agreement of the Library air conditioning system with Comfort Air Sales of California, Inc., dba Kissell Air Conditioning Service with per- formance bonds in the amount equal to one year's service and issued on an annual basis: 15. 7-6-65 COMMUNICATIONS: (LWV) 1/: 16:6593 AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser This matter appeared before the City Council on June 1, 1964. League of Women Voters concerning training firemen in the local Fire Stations to assist in registering persons to vote. It was the consensus of the City Council that it did not oppose the recommen- dation but that in view of the high local registration it would not be beneficial at this time for the City to enter into such a program. Mayor Reibold, with the consent of the City Council, will answer the letter conveying the thinking of the legislative body. 1 (Arth) Robert Arth, Civic Affairs' Chairman of the Rancho Santa Anita FILED Residents' Association, concerning the possible annexation of p; ~.~- property lying between Pasadena and Arcadia. Mr. Arth, being ~. ,:.1...1.- \ I( ;;-,.was advised by Mayor Reibold that everything possible will be . '~ I keep the residents informed on any possible annexation of the area. Chamber of ^ I Commerce IT' FILED AUDIENCE PARTICIPATION: ,~.!> P MATTERS FROM THE CITY ATTORNEY: ORDINANCE NO. 1290 (Adopted) present, done to subject The local Chamber of Commerce concerning the regulation by the City of the hours and days that businesses mayor may not transact business. It was the consensus of the City Council that it had already abided by the desires of the Chamber of Commerce, to wit, the last paragraph of the subject communication. The letter was ordered FILED. George Copans, 122 E. Colorado Boulevard, propounded questions regarding acquisition of property by the City; that the City Council in so doing is circumventing its decision made previously when it declined a Community Redevelopment Agency. One of his comments concerning the inaccessibility of the City Manager was refuted by Mrs. Franklin Brundage, League of Women Voters officer, and by Francis Blank, local barber. Questions propounded 'of Mr. Copans were unanswered. The City Attorney presented for the second time, explained the content 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 Forman, seconded by Councilman Turner and carried on r~ll call vote as follows that the reading of the full body of Ordinance No. 1290 be waived: 1 AYES: NOES: ABSENT: Councilmen Considine, Forman, Turner, Reibold None Councilman Balser Councilman Forman further MOVED that Ordinance No. 1290 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Considine, Forman, Turner, Reibold None Councilman Balser 16. 7-6-65 ORDINANCE NO. 1293 (Introduced) 1 16:6594 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1293 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW DIVISION 7 ENTITLED "BARBER SHOPS" TO PART 3 OF CHAPTER 4 OF ARTICLE VI PROHIBITING THE OPERATION OF BARBER SHOPS ON SUNDAYS." MOTION by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1293 be waived: AYES: NOES: ABSENT: Councilmen Considine, Forman, Reibold, Turner None Councilman Balser Councilman Forman further MOVED that Ordinance No. 1293 be introduced. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Considine, Forman, Reibold, Turner None_ Co~cilman Balser CONSIDINE MATTERS FROM THE CITY COUNCIL: TURNER PARKING PLACE COMMISSION FORMAN ADJOURNMENT: 1 In answer to an inquiry made by Councilman Considine, the City Manager advised that the City of Arcadia had not discussed with the City of Monrovia the annexation of territory lying in the vicinity of Live Oak, Tenth and the City boundary. Councilman Turner responded to a comment made by Mr. Copans. Councilman Forman MOVED that Walter Gockley be appointed to the Parking Place Commission to fill the vacancy created by the resignation of Mel Pratt. Councilman Turner seconded the motion which was carried unanimously. Councilman Forman reported that at the last meeting of the Board of Directors of the Los Angeles County Division of the League of California Cities a by-law change was approved and it also reaffirmed its support of the cigarette tax and urged cities to contact the Governor to sign the bill. The meeting adjourned at 11:50 P.M. ATTEST: or Reibold ~~~~ ~~~~ City Clerk 17. 7-6-65