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HomeMy WebLinkAboutAUGUST 3,1965 IVOCATION EDGE OF ALLEGIANCE MINUTE APPROVAL 7-20-65 HEARING (Weed Abatement) RESOLUTION NO. 3806 !fl081 I ZONE CHANGE (Elrovia Company - Duarte Rd) !]-///0 16:6607 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 3, 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., August 3, 1965. Councilman Robert J. Considine Mayor Conrad T. Reibold The Minutes of the Regular Meeting of July 20, 1965 were APPROVED on MOTION by Councilman Turner, seconded by Councilman Forman and carried unanimously. The Superintendent of Weed Abatement having filed and posted, as required by the Weed Abatement Act, his report of the assessment costs for said abatement, and this being the time and place scheduled for hearing protests to said assessment, Mayor Reibold declared the hearing open and inquired if anyone desired to speak to the matter. No one desiring to be heard" Councilman Considine MOVED that the hearing be closed. Councilman Forman seconded the motion which was carried unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3806, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE SUPERIN- TENDENT'S REPORT OF THE COST OF THE ABATEMENT OF RUBBISH, REFUSE AND WEEDS UPON STREETS AND PRIVATE PROPERTY IN THE CITY OF ARCADIA, FIXING THE AMOUNT OF THE COST OF SUCH ABATEMENT, DECLARING THE SAME TO BE LIENS UPON THE RESPECTIVE PARCELS OF LAND IN SAID CITY AFFECTED THEREBY, AND DIRECTING THE COLLECTION THEREOF." MOTION by Councilman Considine, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3806 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Considine further MOVED that Resolution No. 3806 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibo1d None None On July 6, 1965 the City Council continued its deliberations on Planning Commission Resolution No, 552 concerning 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 1. 8-3-65 --. ","~',; '. .:} /1/ ~ 16:6608 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 '0' on all property in the City bounded by Baldwin, Naomi, Golden West Avenues and Duarte Road. Inasmuch as the public hearing portion of the proceedings had been closed on July 6, 1965, the request of R; D.' Sweeney, attorney for the Elrovia Company, for permission to appear before the City Council was not granted, The City Attorney advised that further testimony could not be presented unless the hearing be reopened and renoticed; that argument would be legally permissible but was discretionary with the City Council. I .- Councilman Balser, who had been absent at the July 6, 1965 meeting, stated that he had studied the record of the proceedings of said meeting and that he was prepared to make a determination. He stated in part that in his opinion the City Council should consider the request for a zone change on the property at 812 W. Duarte Road (Church property) for which an application had been filed by the Elrovia Company and had been recommended for C-2 zoning by the Planning Commission; that this had been filed prior to the Com- mission's action to enlarge the area on its own initiative; that the present location of the Church is not compatible with the extensive commercial development which has taken place since the Church was built. He stated further that the proposed new location for the Church is more consistent with its needs, and that the City should make every effort to hold the property west of the City Library on Duarte Road to public or semi public use with which the Church would be compatible. Councilman Considine stated in part that he agreed in principle with Councilman Balser, but also agreed with the recommendations of the Planning Commission that the entire area should be rezoned. In referring to the basic outline of a commercial area which has already been established he stated in part that it appears incompatible to leave residential zoning in the middle; that to rezone lot by lot would seem inconsistent and that there is logic in the Commission's recommendation to rezone all of the remaining property bounded by Baldwin, Naomi, Golden West and Duarte Road not heretofore zoned for commercial purposes. Councilman Forman stated in part that he felt action should be taken on the application for a specific zone for a specific location; that determination concerning the balance of the area could be made in the near future, taking into consideration the '0' regulations to be applicable thereto. Councilman Turner stated in part that the record will show his past opposition to the annexing of the property on Golden West, west of the subject property, and its subsequent rezoning, as he felt the City was extending its commercial zoning too far west; that it will un- doubtedly become desirable to have all of the property in the area zoned for commercial purposes; that he coold not agree with the opposition that the zone change would hurt the property presently improved with the apartment; that the converse is more likely to be the case; that he felt the application filed on the Church property should be acted upon and had mixed emotions on the Commission's recommendation for the balance of the area as it would in all proba- bility become commercial in a short time. I Mayor Reibold referred to the objection voiced by the owner of the 2. 8-3-65 I TRACT NC); 23972 (t ent at i ve map) I !f/i:J!olt , ' 16:6609 apartment at 334 W. Duarte Road and stated in part that the City Council in working out a solution to the Church p~operty has placed itself in a situation where the counsel for the owner of the apartment had' c1!,imed the City was 'selliq.g ~oning'; ',that it had been hoped>the problem could have resolved itself but that appears to be bey~nd ,the realm of reasonableness; that in his opinion to rezone on(y~the Church property would' only add to the claim of 'selling' zoning'; thatcit'wou1d be wrong to so do. He continued that if any- thi~g is done h~ would suggest that all of the properties be rezoned except the Church and the apartment properties, then if matters work tremse1ves out at some later date it becomes good zoning; that the cause of the trouble is that the apartment is being damaged under the existing conditions. Councilman Balser did not concur in this viewpoint and thereupon MOVED that the City Council grant the commercial zoning only as to the property at 812 W. Duarte Road described in the Elrovia appli- cation and that the 'D' regulations as recommended by the Planning Commission be applicable thereto with the exception of Item No. 9 which only applies to property on Naomi Avenue. He commented that Condition No. 10 would give the apartment building considerable pro- tection. Councilman Forman seconded the motion which was carried on a 3 to 2 vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman Councilmen Turner, Reibold None The tentative map of Tract No. 23972 was recommended for approval subject to specified conditions. Condition No.1 was opposed by C. S. Northrup, representing the Norco Engineering Company, who stated in part that to require the widening of f~othi1l Boulevard at Second Avenue to 40' would work a hardship on the subdivider and it would entail a complete renovation of the Second Avenue intersection on the north side 'pf Foothill Boulevard to accommodate the drainage; that the area is presently and will remain a State highway until such time as the Foothill Freeway is constructed. He' asked that the , , requirement be removed. Discussion ensued with the Director of Public Works informing the City Council in d~tail that the widening is nec~ssary for parking in , that parking can be prohibited on any portion of Foothill Boulevard which is not widened to 40' as recommended and that the traffic build- up warrants the requirement, especially with the'new McDonald facility being constructed in the subject area, Following further ~tscussion it was MOVED by Courci1man Balser, seconded by Councilman Turner and carried on roll call vote as follows that the tentative map of Tract No, 23972 be APPROVED subject to all of the conditions as contained in the report of the Planning Commission dated july 27, 1965, including the Bfreet widening and' drainage requirement. " AYj;:S: NOE!>,: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibo1d None None 3. 8-3-65 HEARING SCHEDULED (May Company site rezoning) TRANSFER OF FUNDS 16:6610 On MOTION by Councilman Considine, seconded by Councilman Forman and carried unanimously a public hearing was scheduled for SEPTEMBER 7, 1965 at 8 P.M. on the request for zone change from C-Z to C-1 on property generally referred to as the May Company site in the El Rancho Shopping Center area. This matter came to the City Council without recommendation of the Planning Commission. On recommendation of the City Manager it was MOVED by Councilman Forman, seconded by Councilman Turner and carried on roll call vote as follows that $714 be transferred from Account No, 409-23 to (Sala~) Account No. 440-3 to pay the salary of a person employed to work ,~, during the vacation period in the Planning Department to update the (j, zoning maps. The result of this work will be keyed references on the zoning maps. ADVERTISE FOR BIDS (Santa Anita Avenue landscaping) PRELIMINARY FISCAL YEAR END REPORTS 4:~ WORK ACCEPTED --:1/05/ LIVE OAR Area In' Zone Study !filii RESOLUTION NO. 3807 Adopted I On MOTION by Councilman Forman, seconded by Councilman Turner and carried unanimously the plans and specifications were approved and the City Clerk was authorized to advertise for bids for the landscaping of Santa Anita Avenue from Colorado Boulevard to Huntington Drive. Bids to be received August 16, 1965 at 11 A.M. The preliminary fiscal 1964-65 Year End Reports dated July 29, 1965 submitted by the City Controller and City Manager were received and ordered FILED. In compliance with a request the City Manager will report on the reduction in revenue derived from licenses and permits issued during the fiscal year 1964-65, The work as completed by J. D. Diffenbaugh, Inc. in the construction of the Orange Grove Reservoir No.5 was accepted and authorization for final payment in accordance with the contract was APPROVED on MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Balser, Considine, Forman, Turner, Reibold None None At the regular meeting of July 20, 1965 the City Council approved a zoning pattern for the north side of Las Tunas Drive between El Monte, and Santa Anita Avenues and the south side of Live Oak Avenue between Santa Anita and Tyler Avenues. A zoning decision on the remaining area was made some time ago, however, in addition to this basic . zoning consideration had been given to the 'D' regulations to be applicable thereto. On MOTION by Councilman Turner, seconded by Councilman Forman and carried unanimously the City Council decided that there shall not be any Zone 'D' regulations placed on this area at this time in accordance with the report of the Planning Department dated August 3, 1965. I The City Attorney presented, explained the content and read the title of Resolution No. 3807, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 3(b) OF RULE IV AND SECTION 1 OF RULE XIII OF THE PERSONNEL RULES AND REGULATIONS." MOTION by Councilman Turner, seconded by Councilman Forman and 4. 8-3-65 I ORDINANCE NO. 1294 Adopted ORDINANCE NO. 1297 Adopted' ::f III!: I 16:6611 carried on roll call vote as follows that the reading of the full body of Resolution No. 3807 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Turner further MOVED that Resolution No. 3807 be adopted. Motion seconded by Councilman Considine and carried on roll call vote as follows: '. \" ... AYES:' .' ;Counci.lmen Balser, Cons idine, Forman, Turner, Reibold NOES: .." Nohe ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1294, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY RENUMBERING SECTION 9113.1.3 THEREOF TO 9113.1.30, BY ADDING THERETO A NEW SECTION 9113.1.3, AND BY AMENDING SECTION 9122 THEREOF." 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, 1294 be waived: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Forman further MOVED that Ordinance No, 1294 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None The City Attorney !"esented for the second time, explained the content and read the title of Ordinance No. 1297, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.11 OF THE ARCADIA MUNICIPAL CODE BY RECLASSI- FYING TO ZONE R-3 THE PROPERTY LOCATED ON THE SOUTH SIDE OF CALIFORNIA STREET BETWEEN FIFTH AVENUE AND A POINT 145 FEET WEST OF SECOND AVENUE IN SAID CITY." 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. 1297 be waived: AYES: NOES: ABSENT: Councilman Balser, Considine, Forman, Turner, Reibold None None Councilman Forman further MOVED that Ordinance No, 1297 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Forman, Turner, Reibold Councilmen Balser, Considine None 5. 8-3-65 ORDINANCE NO. 1298 Introduced LOCAL RESIDENT HONORED STUDY (zoning) APPOINTMENT (Civil Defense) BEAUTIFICATION 16:6612 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1298, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233,5 OF THE ARCADIA MUNICIPAL CODE BY RECLASSIFYING TO ZONES C-l (LIMITED COMMERCIAL) AND ZONE D (ARCHITECTURAL OVERLAY) THE PROPERTY AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND SECOND AVENUE IN SAID CITY." MOTION by Councilman Turner, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1298 be waived: I AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None Councilman Turner further MOVED that Ordinance No. 1298 be introduced as presented. Motion seconded by Councilman FOl'man and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Considine, Forman, Turner, Reibold None None On MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously the City Council will present to Mr. John Parkhurst a resolution and a key to the City in honor of his appointment to President Johnson's Advisory Committee on Water Pollution for the United States. It was MOVED by Councilman Considine, seconded by Councilman Turner that the Planning Commission and staff include Camino Real south of the area currently under study for appropriate zoning; that this be done with a view to a change in zoning without 'time consuming piecemeal changes. Councilman Turner commented that one of the reasons he voted as he did on the rezoning of the Church property earlier in this meeting Was that he felt the entire area should be rezoned concurrently. Councilman Considine, with the consent of the City Council, asked that discussions be held at a future Study Session of ways to prevent deterioration of private property; he cited areas where property is presumably being held by the owners without improvements pending possible rezoning. Planning staff will prepare for Council perusal a report on this matter. I It was MOVED by Councilman Turner, seconded by Councilman Considine and carried unanimously that Ray M. Rogers, the Assistant Manager of the Los Angeles Turf Club and the former City Engineer, be appointed to fill out the unexpired term of Kenneth Mergen (deceased). Said term to expire June 30, 1967. Councilman Forman commented on the improvements which have been made 6. 8-3-65 NEW SHOPPING CENTER I I 16: 6613 by the owners of lumber companies located at 214 and 310 N. Santa Anita Avenue; that with the forthcoming landscaping program on Santa Anita Avenue by the City the entire area will be enhanced in appearance. The City Manager advised that the plans for the proposed new neighborhood shopping center to be established at Duarte Road and Golden West Avenue (Pantry Market) indicate it to be one of the most outstanding in the area. The meeting adjourned at 9 P.M. Mayor Reibold ATTEST: ~ajd ~ City Clerk 7. 8-3-65