HomeMy WebLinkAboutSEPTEMBER 7,1965
I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
(8-17-65
8-24-65)
PRESENTATION:
(Parkhurst)
(Opel)
HEARING
(alley
vacation)
.J- 1/ a.:J.....,
I
ORDINANCE
NO. 1305
INTRODUCED
16:6623
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
SEPTEMBER 7, 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., September 7,
1965.
Rev. Walter F. Dannaman, American Lutheran Church of Arcadia
Mayor Conrad T. Reibold
PRESENT:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
Councilman Turner (arrived later in the meeting)
MOTION by Councilman Balser, seconded by Councilman Forman and
carried unanimously that the Minutes of the Regular Meeting of
August 17, 1965 and the Adjourned Regular Meeting of August 24,
1965 be approved as submitted in writing.
The City Council presented a citation to Mr. John D. Parkhurst for
his outstanding service with the Los Angeles County Sanitation
Commission and on his recent appointment to a Federal Advisory
Committee on national sanitation. Mr. Parkhurst accepted the award
and spoke briefly on the new board which has been created by
President Johnson to recommend to Congress on new water policies for
the control of water pollution throughout the country.
The City Council presented a plaque to Mrs. Herbert Opel for her
eight years of service on the City Library Board. Mrs. Opel accepted
the award and spoke briefly on the new library facility which became
a reality during her term of appointment.
Mayor Reibold declared the hearing open on Resolution of Intention
to vacate and abandon a portion of the first alley south of Duarte
Road westerly from Second Avenue and fixing a time and place for the
hearing of objections to same (Resolution No. 3812). The City Clerk
advised that she had on file the affidavit of posting and the
affidavit of publication of the notice of said vacation and that
there were no written protests.
No one desiring to be heard, the hearing was closed on MOTION by
Councilman Forman, seconded by Councilman Balser and carried
unanimously.
Whereupon the City Attorney presented for the first time, explained
the content and read the title of Ordinance No. 1305, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
VACATING AND ABANDONING A PORTION OF THE FIRST ALLEY SOUTH OF DUARTE
ROAD WESTERLY FROM SECOND AVENUE IN SAID CITY."
MOTION by Councilman Forman, seconded by Councilman Balser and
1.
9 - 7 - 65
ANNEXATION
NO. 38
WEST ARCADIA
UNINHABITED
-J /IO~
RESOLUTION
NO. 38L4
Adopted
-1- //0;;.,
ORDINANCE
NO. 1304
Introduced
J,IOJ....,
16 :'6624
carried on roll call vote as follows that the reading of the full
body of Ordinance No. 1305 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
MOTION was then made by Councilman Forman, seconded by Councilman
Considine and carried on roll call vote as follows that Ordinance
No. 1305 be INTRODUCED:
I
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
Pursuant to Resolution No. 3805 Mayor Reibold declared the hearing
open on the proposed annexation to the City of Arcadia of certain
uninhabited territory designated as Annexation No. 38 West Arcadia
Uninhabited. The City Clerk advised that she had on file the
affidavit of publication and 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 Balser
and carried on roll call vote as follows that the hearing be CLOSED:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
The City Attorney then presented, explained the content and read the
title of Resolution No. 3814 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. 38, WEST ARCADIA (UNINHABITED)".
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. 3814 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
Councilman Considine further MOVED that Resolution No. 3814 be
adopted. Motion seconded by Councilman Balser and carried on roll
call vote as follows:
I
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
The City Attorney then presented for the first time, explained the
content and read the title of Ordinance No. 1304 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. 3805
ADOPTED BY SAID CITY COUNCIL ON JULY 20, 1965 AND DESIGNATED THEREIN
AS "ANNEXATION NO. 38, WEST ARCADIA (UNINHABITED)"."
2.
9-7-65
16:6625
MOTION by Councilman Balser, seconded by Councilman Considine an9
carried on roll call vote as follows that the reading of the full body
of Ordinance No. 1304 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
I
Councilman Balser further MOVED that Ordinance No. 1304 be introduced.
Motion seconded by Councilman Considine and carried on roll call vote
as follows:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
Garage
construction
Mayor Reibold declared the hearing open on the appeal filed by
Mrs. Marion Smith from the decision of the Planning Commission in
approving the modification request of Loren Marsh for permission to
construct ten garages in a portion of the side yard at 826 La Cadena
Avenue.
HEARING
(APPEAL)
D 'Y4.--1'h ~AJ:~Mrs. Smith, 475 Fairview Avenue, addressed the City Council,
r. v~~_.-. protesting the construction of the garages; that it would reduce the
value of her property, block the circulation"nd light from her
rental units. She also referred to the type of door which is proposed.
Dexter Jones, attorney for the applicant, addressed the City Council
stating in part that Mr. Marsh has expended considerable monies in an
endeavor to upgrade his property and has offered to construct a
decorative wall on the rear of the property if Mrs. Smith would: be , , -
willing to permit him so to do, but that thus far she has declined
all offers.
Discussion ensued on the type of garage doors, the 4' maintenance
problem which would be encountered in the rear of the property due to
its inaccessibility. Mr. Marsh also spoke briefly to the problem.
No one else desiring to be heard it was MOVED by Councilman Forman,
seconded by Councilman Balser and carried unanimously that the hearing
be CLOSED.
I ,""CO,
In reviewing the approval of the original plans and conditions set
forth by the Modification Committee and the Planning Commission it
was the consensus of the City Council that the action be sustained.
Whereupon it was MOVED by Councilman Forman, seconded by Councilman
Considine that the following Minute Resolution be adopted:
"RESOLVED that the findings and decision of the Modification
Committee in approving the request of Loren Marsh for permission to
construct ten garages in a portion of the side yard at 826 La Cadena
Avenue be APPROVED and that the appeal of Mrs. Marion Smith from the
decision of the Planning Commission sustaining said action of the
Modification Committee be DENIED."
The Motion was then carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Reibold
None
Councilman Turner
3.
9-7-65
HEARING
SCHEDULED
(343 Colorado)
CONDITIONAL
USE PERMIT
(B. F. Goodrich)
P; c. \A P
TRACT NO. 30284
(Time extension
denied)
-:1101/
TURNER
PANTRY MARKET
(Modification)
-d / ().sO
DONATION
(Bleachers)
~f
16:6626
Councilman Forman MOVED that a public hearing be scheduled for
September 21, 1965 at 8 P.M. on the zone variance application of
Frank Marchese, as owner, on property at 343 Colorado Boulevard. The
motion was seconded by Councilman Balser and carried unanimously.
This matter comes before the City Council without recommendation of
the Planning Commission.
The City Council considered the recommendation of the Planning
Commission in its approval of the application of the B. F. Goodrich
Company for a conditional use permit for an auto center at 1107 S.
Baldwin Avenue to be operated as a department of Hinshaw's. It was
the consensus of the City Council that certain requirements recom-
mended for waiving were inappropriate and inapplicable in the subject
instance and it was therefore MOVED by Councilman Considine, seconded
by Councilman Forman and carried unanimously that the conditional use
permit be issued and that the requirement of Code Section 9275.4.12
pertaining to Utilities be WAIVED.
I
The request of subdivider William Hovanitz for an extension of time
was denied on MOTION by Councilman Balser, seconded by Councilman
Forman and carried unanimously.
Councilman Turner arrived at the City Council meeting at 9 P.M.
The City Manager advised of the request for a modification in the
plans of the proposed Pantry Market development to be constructed on
Golden West between Duarte Road and Naomi Avenue. The Planning
Director displayed and explained renderings depicting the elevations
and in particular the exterior design. He referred in detail to the
signs for which a modification is being requested.
Some discussion held on the tendency to present changes in the
development, however, it was agreed that in all cases the appearance
has been improved. It was then MOVED by Councilman Considine,
seconded by Councilman Balser and carried on the following roll call
vote that the City Council grant the modification request for the
signs specifically as indicated on the drawings as presented at this
meeting.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen Balser, Considine, Reibold
None
Councilmen Forman, Turner
None
(Note: Councilman Forman abstained with an explanation later. I
Councilman Turner abstained inasmuch as he was not present
during the deliberations.)
Pursuant to the prov,s,ons of the Arcadia City Charter, MOTION was
made by Councilman Considine, seconded by Councilman Forman and
carried on roll call vote as follows that the donation from the
Equestrian Trails, Corral 48, of $200 be accepted and used toward the
purchase of bleachers for the Recreation Department.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reihold
None
None
4.
9-7-65
p,,'
LAND
PURCHASE
(delinquent
tax prope1:ty)
I HEARING
ZONE CHANGE
(May Company
site)
;}1/ oq
I
ADVERTISE
FOR BIDS
(Chamber of
Commerce
landscaping)
:J 1/g
16:6627
On MOTION by Councilman Balser, seconded by Councilman Considine and
carried on roll call vote as follows the City Manager was authorized
to proceed with the acquisition from the State of California of tax
delinquent property for one dollar the lot comprising the extension
of Elkins Avenue - Lot 14 of Tract No. 17485 and authorize the Mayor
and City Clerk to execute agreement for such purpose in form approved
by the City Attorney.
Mayor Reibold declared the hearing open on the application for change
of zone from Zone C-2 to C-I on property bounded by Michillinda
Boulevard on the west, Sunset Boulevard on the east and Huntington
Drive on the south.
James Gri.me, 208 Cabri 110 Road, President of the Santa Anita Village
Association, and one of the applicants for the zone change, read a
statement wherein it was stated in part that the application had been
filed because it was felt that the location was' not in the best
interest of the citizens of the City; that congestion and confusion
is foreseen as well as the eventual disappearance of the neighborhood
stores. It was suggested that the City Council permit the owners of
the subject property to build under a zone variance. If this is not
suitable it was hoped that the City Council would initiate a study
toward the zoning of the portion of the property not being used by
the Department Store to C-l.
Frank W. Clark, Jr., Vice President and member of the Board of
Directors and the Executive Committee of the May Company Department
Stores Company, addressed the City Council explaining the con-
struction program which is well under way at the present time. He
stated in part that the proposed development will be the most
beautiful suburban branch store in the country. He advised that
Counsel for the Company was also in attendance to answer any questions.
Mayor Reibold observed that the criteria, in his opinion, is not how
the structure is going to be built; that it is simply that it is
property which was zoned C-2 for 19 years and to change zoning after
someone purchases property for the purpose of building on it is
confiscation which is not the proper way to handle the matter.
No one else desiring to be heard it was MOVED by Councilman Turner,
seconded by Councilman Considine and carried unanimously that the
hearing be CLOSED.
It was then MOVED by Councilman Turner, seconded by Councilman
Considine and carried on the following roll call vote that the
application for zone change be DENIED, and that the staff be
instructed to initiate a study of property fronting on Huntington
Drive in the subject area.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
On MOTrON by Councilman Balser, seconded by Councilman Forman and
carried on roll call vote as follows the total plans and specifi-
cations for the landscaping of the Chamber of Commerce Office
Building property be APPROVED and that the City Clerk be and she
hereby authorized to advertise for bids to be returned September
1965 at 11 A.M.
is
21,
AYES:
NOES:
ABSENT:
Councilmen Balser, Forman, Turner, Reibold
Councilman Considine
None
5.
9-7-65
BID AWARD
(Fire hydrants)
(). C' (I.t
r, GiJ
'P..v:,."A t<A..t-
HOSPITAL PLANS
(Approved)
Jg6"
PARK SITE
(condemnation
proceedings)
-::910f?~
RESOLUTION
NO. 3815
Adopted
J (0 83
ADVERTISE,
FOR BIDS'
16:6628
On MOTION by Councilman Balser, seconded by Councilman Considine and
carried on roll call vote as follows the recommendation of the City
Manager and the Purchasing Officer was approved and the contract for
furnishing fifty fire hydrants complete with bury was awarded to the
low bidder, Charles A. Estey, Inc., in the amount of $9,737.00. All
other bids were rejected, any irregularities or informalities in the
bids or bidding process were waived and the Mayor and City Clerk were
authorized to execute the contract in form approved by the City
Attorney. Funds'available in Accounts No. 470-70.1 and 470.71.1.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
I
Pursuant to a provision of the agreement between the Methodist
Hospital Foundation and the City under date of May 28, 1953, it was
MOVED by Councilman Forman, seconded by Councilman Balser and carried
unanimously that the plans submitted for the construction of an
addition to the hospital be APPROVED.
The City Manager advised that negotiations have been unsuccessful
with the owners of property at 1416 and 1432 S. Sixth Avenue for the
acquisition of said property to be used for park purposes in
conjunction with the facilities of the Camino Grove School and
recommended condemnation proceedings. The City has thus far acquired
the property at 1410 S. Sixth Avenue and the property at 1422 S.
Sixth Avenue, owned by the School District, will be resolved within
30-60 days. The City Manager was authorized to proceed with
condemnation proceedings on MOTION by Councilman Balser, seconded by
Councilman Forman and carried unanimously.
Whereupon the City Attorney presented, explained the content and read
the t.itle of Resolution No. 3815, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES AND ORDERING THE
ACQUISITION THEREOF."
MOTION by Councilman Balser, seconded by Councilman Forman and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3815 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Balser further MOVED that Resolution No. 3815 be adopted.
MOtion seconded by Councilman Forman and carried on roll call vote as
follows:
I
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
On MOTION by Councilman Turner, seconded by Councilman Forman and
carried unanimously, the plans and specifications were approved and
the City Clerk was authorized to advertise for bids for the cement
mortar lining of water mains in place on the south side of Huntington
Drive from Michillinda to Baldwin Avenue, Fairview Avenue from
6.
9-7-65
16:6629
westerly City limit to La Cadena Avenue, Arcadia Avenue from the
westerly City limit to Baldwin Avenue and Longden Avenue from Baldwin
Avenue to Holly Avenue. Bids to be returned September 20, 1965 at
II A.M. Funds for the project in the current budget Replacement
Project Account 470-71.1.
P:
On MOTION by Councilman Forman, seconded by Councilman Turner and
carried on roll call vote as follows that a 3-wheeled, single gutter
broom street sweeper be purchased from the only bidder, Dearth
Machinery Company, in the amount of $10,500.00. Said quotation being
f.o.b., Arcadia including taxes and trade-in allowance of $658.16 for
a 1957 Wayne Model 450. Any informalities or irregularities in the
bid or bidding process were waived and the Mayor and City Clerk were
authorized to execute the contract in form approved by the City
Attorney. Funds for the purchas~ are in the current budget in
Account No. 433-51:
EQUIPMENT
PURCHASE
I
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
fls P
The recommendation of the Police and Public Works Departments that
the prima facie speed limit on Colorado Boulevard be increased from
25 to 35 miles per hour was opposed by Raymond A. Andrew, 513 Santa
Cruz Road, who presented a protest petition with 17 signatures.
Jerold Haserot, 513 Santa Rose Roa~ also orally protested the
proposal.
SPEED LIMIT
(Colorado
Blvd.)
It was stated by Mr. Andrew in part that the increased speed would
present a traffic hazard to persons living in the immediate area and
he suggested a lower speed limit of 30 mph permitting an enforcement
at 35 mph.
Considerable discussion ensued with the Director of Public Works
outlining the results of radar tests and the method followed in
establishing speed limits.
It was MOVED by Councilman Balser, seconded by Councilman Forman and
carried unanimously that the speed limit be set at 30 miles per hour
on Colorado Boulevard between the upper 'Y' and Santa Anita Avenue;
and that staff give consideration to painting crosswalks.
Introduced
Whereupon the City Attorney presented for the first time, explained
the content and read the title of Ordinance No. 1302, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
ADDING TO DIVISION 2 OF PART 2 OF CHAPTER 2 OF ARTICLE III OF THE
ARCADIA MUNICIPAL CODE A NEW SECTION 3222.3."
ORDINANCE
NO. 1302
I
MOTION by Councilman Turner, seconded by Councilman Balser and
carried on the following roll call vote that the reading of the full
body of Ordinance No. 1302 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Turner further MOVED that Ordinance No. 1302 be intropuced.
Motion seconded by Councilman Forman and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
7.
9-7-65
SIDEWALKS
d- (/.J. /
WORK
COMPLETION
.d I JI '-f
EQUIPMENT
PURCHASE
FIRE HOSE
p., v;;t: R.~'v
SEAT BELT
CLINIC
kfk..
16:6630
Extensive discussion held on the staff report dated September 2,
1965 on a proposed sidewalk construction program. Phase I envisions
two concepts. 1) the development of a cooperative program with the
schools and the PIA groups, and 2) authorization for the preparation
of specifications for the construction of sidewalks adjacent to
schools as listed.
The staff was commended on the expeditious manner in which the report
was prepared. Two additions were to be made in locations, 1) extend
Holly Avenue sidewalk construction for the Longley Way School area to
Live Oak Avenue from Palm Drive, and 2) construct sidewalks on the
east side of Michillinda Avenue from Volante Road to Sunset Boulevard
for the Hugo Reid School.
I
It was noted that a~ the present time there are no curbs and gutters
on Colorado Boulevard to permit sidewalk construction and it was
stated that the City would welcome such installation if a petition
were presented by the residents; that the City has a policy whereby
it pays 50 per cent of the cost of curb and gutter along the side
street abutting a corner lot.
It was then MOVED by Councilman Balser, seconded by Councilman Forman
and carried unanimously that the City Council approve the two concepts
as outlined in said report and that informational data be made
available for the public, the PIA groups, etc.
On MOTION by Councilman Forman, seconded by Councilman Considine and
and carried on the following roll call vote the work performed by the
Electric and Machinery Service Company in the traffic signal
improvement and modification at Campus Drive, Huntington and Holly
Avenues, was accepted and final payment authorized in accordance with
the contract.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
On MOTION by Councilman Turner, seconded by Councilman Forman and
carried on the following roll call vote the contract for the purchase
of 3500 feet of fire hose of various sizes and kinds for the Fire
Department and 300 feet for the Water Department was awarded to
various vendors as listed in the report of the City Manager and the
Purchasing Officer dated September 2, 1965. Any informalities or
irregularities in the bids or bidding process were waived and the
issuance of purchase orders was authorized. Funds are available in
Account Nos. 422-54 and 470-62.
I
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 the Chariots Car Club be issued a business
permit to allow the operation of a seat belt clinic on September 25
and 26, 1965 at Hinshaw's parking lot and that the fee be waived, It
being a fund raising project and all equipment to be sold has been
approved by the California Highway Patrol.
8.
9-7-65
LAND SALE
(City- owned)
j-/lJ-3
I
I STATEMENT
(Sweeney)
9-ll/b
STATEMENT
(Clingman)
rv<1v
16:6631
In order to consider the following recommendation of the City Manager
which is of an urgent nature, it was MOVED by Councilman Forman,
seconded by Councilman Turner and carried on the following roll call
vote that the provisions of Code Section 2122.4 be waived.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
The City Manager then explored his report of September 7, 1965
concerning City-owned property formerly used by the Equipment Service
Division located at Second Avenue and Santa Clara Street; that it is
now ready for disposal; that the Peter Kiewit Sons' Company desires
to purchase same. He explained further that the City has for some
time desired to acquire a portion of the Company's property lying
between the City-owned property and the Santa Anita Wash for the
construction of a reservoir. He explained the terms of the sale and
exchange of property as set forth in said report.
It Was noted that a portion of the Peter Kiewit property will be taken
by the State Division of Highways for the Foothill Freeway; that
notice had been received by the Company to vacate by January 1, 1966;
hence, time is of the essence.
It Was MOVED by Councilman Turner, seconded by Councilman Forman and
carried on the following roll call vote that the City Council accept
the recommendation of the Land Acquisition and Disposal Committee and
authorize the sale and exchange of property between the City and
Peter Kiewit Sons. Company, pursuant to terms and conditions as set
forth in said report. No real estate broker or broker's fee involved.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
It Was further MOVED by Councilman Turner, seconded by Councilman
Forman and carried on the following roll call vote that the City
Manager and the City Attorney be authorized to enter into escrow for
said sale and exchange of property and that the Mayor and City Clerk
be authorized to execute the necessary deeds on form approved by the
City Attorney.
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
A communication and statement from R. D. Sweeney, attorney for the
Elrovia Company which had made application for a zone change on
property currently owned by the First Church of Christ Scientist on
West Duarte Road, was received and ordered filed with the record.
The City Attorney advised that such communications may be received
solely for the purpose of argument, but not as evidence of any fact
that may be alleged therein, the hearing on this matter having been
closed on July 6, 1965. Mr. Sweeney introduced himself to the City
Council at this time.
Barbara Clingman, applicant for a conditional use permit to allow the
operation of a Montessori School for young children at 1406 S. Santa
Anita Avenue, stated that her credit rating is AAA; that she desired
this to be a matter of record in connection with her financial
standing.
9.
9-7-65
16:6632
STATEMENT
(Harris)
-,i5P
Van Harris, 1412 S. Santa Anita Avenue, addressed the City Council,
stating in part that his property is adjacent to the proposed
Montessori School at 1406 S. Santa Anita Avenue; that upon investi-
gation of the school system he feels that it will be an attribute to
the community; that the Board of Trustees of the Arcadia Unified
School District has authorized him to state that they had no
objections to the School, and that in his opinion the improvements
which are to be made to the property will enhance the appearance of
the neighborhood. He further commented that subject property is now
in a" i"leglect"ed -condi.tion; -that his interest' is the- protection and"
improvement of his and sllrrounding prop~rties.
I
STATEMENTS
Prior to consideration of
were made for the record.
property at 012 W, Duarte
Ordinance No. 1300 the following statements
Said ordinance concerns the rezoning of
Road,
(Reibold)
"In January of this year I retained Mr. Goebel as the attorney for my
father-in-law's estate of which I am the executor. Mr. Goebel also
represents one of the property owners interested in Ordinance
No. 1300. While I am assured by the City Attorney that there is no
legal prohibition to my participation, it is my opinion, that it
would be far more sensible for me to refrain from arguing or voting
on matters relating to this ordinance."
(Forman)
"Twice before I have stated for the record that I have no interest,
direct or indirect, in any real estate transactions except those I
personally handle as a broker and the statement is even more true at
this time than it was when it was previously made.
"The property involved in the matter presently before us is being
handled by a realtor with whom I never had nor now have any
association or interest whatsoever.
"However, I am deeply concerned with the criticism that has been
leveled at the City Council about this entire proceeding. Although
I know for a certainty and absolutely believe that the entire matter
has been handled openly, above board and fairly in every respect, I
do not relish being the one to cast the deciding vote, if in doing so
it will produce bitterness among members of the Council, or might
afford opportunity for unwarranted criticism to be made by those who
put their own interests above that of the community. I do not
believe that the public interest would be best served by doing so,
"I am sure that there are solutions to the zoning problem of this
area that can be found by those who may be interested in solving them,
solutions which the entire Council can concur and which will direct
and benefit the future of this area. For this reason and this reason
along I abstain from voting on the matter."
I
(NOT INTRODUCED)
The City Attorney then presented for the first time, explained the
content and read the title of Ordinance No. 1300 entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE BY RECLASSI-
FYING TO ZONES C-2 (GENERAL COMMERCIAL) AND D (ARCHITECTURAL OVERLAY)
THAT CERTAIN PROPERTY WITHIN THE CITY OF ARCADIA KNOWN AS 760, 812
AND 820 WEST DUARTE ROAD."
ORDINANCE
NO. 1300
Councilman Balser stated in part that it is certainly the
of any member of the Council to abstain from voting; that
their desire in the matter, however, that he felt this is
prerogative
he respects
good zoning;
10.
9-7-65
16:6633
READING
WAIVED
that the location opposite the Arcadia High School is proper zoning
for a church; that this had been predetermined by the rezoning of
the area for public or semi-public use; that the Church is not
compatible in its present zoning area. He thereupon MOVED that the
reading of the full body of Ordinance No. 1300 be waived; Councilman
Turner seconded the motion and it was carried on roll call vote as
follows:
I
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Balser then MOVED that Ordinance No. 1300 be INTRODUCED.
The motion was seconded by Councilman Turner, who spoke as follows:
That ~s he had stated previously the subject property in his opinion
is destined to become commercially zoned; but that it should be
rezoned as a total block or not at all.
Councilman Considine stated that he felt strongly that the property
will be zoned C-2 and rightly so, but that there are areas yet to be
covered in discussing the balance of the property and he would like
to defer this rezoning until the Council is prepared to determine the
area as a total package; that he would therefore change his original
vote of 'Yes' (under date of August 3, 1965) to 'No' on the
introduction of the ordinance.
Roll call was then taken on the MOTION for introduction:
NOT
INTRODUCED
AYES:
NOES:
. ABSTAIN:
ABSENT:
Councilman Balser
Councilmen Considine, Turner
Councilmen Forman, Reibold
None
The zone change on property located at 812 W. Duarte Road was denied
by this action.
Councilman Considine noted that a study of the entire area to and
including Camino Real west of Baldwin ~venue is now under way and
this will permit the entire parcel to be treated as a unit.
Introduced
The City Attorney presented for the first time, explained the content
and read the title of Ordinance No. 1303, entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION
3121,l OF THE ARCADIA MUNICIPAL CODE."
ORDINANCE
No. 1303
I
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. 1303 be waived:
, ,
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Forman further MOVED that Ordinance No. 1303 be introduced.
Motion seconded by Councilman Turner and carried on roll call vote
as follows:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Ii.
9-7-65
RESOLUTION
NO. 3808
16:6634
The City Attorney presented, explained the content and read the
title of Resolution No. 3808 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA , RESCINDING RESOLUTION
NO. 2260."
Adopted
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. 3808 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
I
Councilman Turner further MOVED that Resolution No. 3808 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, explained the content and read the title
of Resolution No. 3813 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, SUPPORTING THE LOWER COLORADO
RIVER BASIN PROJECT ACT."
RESOLUTION
NO. 3813
Adopted
MOTION by Councilman Balser, seconded by Councilman Considine and
carried on roll call vote as follows that the reading of the full
body of Resolution No. 3813 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Balser further MOVED that Resolution No. 3813 be adopted.
Motion seconded by Councilman Turner and carried on roll call vote
as follows:
The City Attorney presented, explained the content and read the title
of Resolution No. 3816 entit led: "A RESOLUTION OF THE CIlY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PORTION OF LOS
ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT INCLUDED WITHIN
THE CITY OF ARCADIA BY REASON OF "ANNEXATION NO. 36, SOUTHEAST
ARCADIA UNINHABITED" WITHDRAWN FROM SUCH DISTRICT."
AYES:
NOES:
ABSENT:
RESOLUTION
NO. 3816
Adopted
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
I
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. 3816 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Considine further MOVED that Resolution No. 3816 be adopted.
12.
9-7-65
RESOLUTION
INO. 3817
Adopted
~-;o 8&
RESOLUTION
NO. 3818
Adopted
j- /0 gj
I
RESOLUTION
NO. 3819
Adopted
1log'j
16:6635
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, explained the content and read the title
of Resolution No. 3817 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING EXCLUSION FROM THE
UNIFIED SEWER MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT
PORTION OF SAID DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY
REASON OF "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 Resolution No. 3817 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Turner further MOVED that Resolution No. 3817 be adopted.
Motion seconded by Councilman Considine and carried on roll call vote
as follows:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
The City Attorney presented, explained the content and read the title
of Resolution No. 3818 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING WITHDRAWN FROM LONGDEN
LIGHTING DISTRICT THAT PORTION OF SAID DISTRICT INCLUDED WITHIN THE
CITY OF ARCADIA BY REASON OF "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. 3818 be waived:
AYES:
NOES:
ABSENT:
Councilmen Balser, Considine, Forman, Turner, Reibold
None
None
Councilman Forman further MOVED that Resolution No. 3818 be adopted.
Motion seconded by Councilman Turner and carried on roll call vote as
follows:
AYES: Councilmen Balser, Considine, Forman, Turner, Reibold
NOES: None
ABSENT:None
The City Attorney presented, explained the content and read the title
of Resolution No. 3819 entitled: "A RESOLUTION OF THE. CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PORTION OF LOS
ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT INCLUDED WITHIN
THE CITY OF ARCADIA BY REASON OF "ANNEXATION NO. 37, WEST ARCADIA
n.
9-7-65
RESOLUTION
NO. 3820
ADOPTED
J 10 '€?
CITY MAAAGER
RESIGNATION
CONDITIONAL
USE PERMIT
(App~al)
j f I'IA
16:6636
UNINHABITED" WITHDRAWN FROM SUCH DISTRICT."
MOTION by Councilman Balser, seconded by Councilman Considine and
carried on roll call vote as follows that the reading of the full
body of Resolution No. 3819 be waived:
AYES: Councilmen Balser, Considine, Forman, Turner, Reibold
NOES: None
ABSENT:None
MOTION further made by Councilman Balser, seconded by Councilman
Considine and carried on roll call vote as follows that Resolution
No. 3819 be ADOPTED:
I
AYES: Councilmen Balser, Considine, Forman, Turner, Reibold
NOES: None
ABSENT;None
The City Attorney presented and explained the content of Resolution
No. 3820, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REQUESTING EXCLUSION FROM THE UNIFIED SEWER
MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT PORTION OF SAID
DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF "ANNEXATION
NO. 37, WEST ARCADIA UNINHABITED".
MOTION by Councilman Considine, seconded by Councilman Balser and
carried on roll call vote as follows that the reading of the full
body of Resolution Noo 3820 be waived:
AYES: Councilmen Balser, Considine, Forman, Turner, Reibold
NOES: None
ABSENT:None
MOTION further made by Councilman Considine, seconded by Councilman
Balser and carried on roll call vote as follows that Resolution
No. 3820 be ADOPTED:
AYES: Councilmen Balser, Considine, Forman, Turner, Reibold
NOES: None
ABSENT:None
It was noted that the City Manager will be on vacation from
September 10 - 20, 1965.
The resignation of Roger Turner from the Planning Commission was
accepted with regret. Mr. Turner is taking up immediate residency
in Newport Beach. The new appointment will be the responsibility I
of Councilmen Balser and Forman.
Councilman Balser spoke to the many requests he had received concerning
the conditional use permit which had been granted by the Modification
Committee and the Planning Commission for the operation of a
Montessori School at 1406 S. Santa Anita Avenue and MOVED that the
City Council appeal the decision of the Planning Commission in
granting the conditional use permit; that the appeal be made on
the record and not on the full transcript, and that a public hearing
be scheduled for September 21, 196~.'The motion was seconded by
Councilman Reibold.
14.
9-7-65
I
I
SCAG
3--/063
16:6637
Discussion ensued and Councilman Considine stated in part that he
understood the applicant has a deadline to meet in order to retain
the teacher. Mr s, Clingman, the app>~ant, spoke to this and
explained her position - that the teacher is highly skilled, had
received her permanent visa but had to be working by September 20,
1965; that the school would be operating under strict sc~~~iny and
it is necessary to announce an opening date for parents desiring
to enroll their children. She further stated that quite an expendi-
ture has thus far been made and that the special equipment has
arrived from Italy.
Councilman Turner stated in part that in his opinion no useful
purpose would be served in holding another pubLc ',earing; that
from the records of the Planning Commission less than fifty percent
of the adjacent property owners had protested and that improvements
proposed for the subject property would upgrade what has been allowed
to deteriorate.
Mayor Reibold stated in part that it would be difficult for him to
find something against the school, but that since citizens and
Councilman Balser have asked for a public hearing and that under
the City Code it is the prerogative of a Councilman to ask for
a' hearing he would go along with it.
Councilman Balser stated further in part that the conditional use
permit proceedings are new to !'(J::.:idents; that they are accustomed
to zone changes and variances cOllling before the City Council and
that the Council in his opinion would be ill advised not to hear
~"',eir views; that he was not trying to pre- judge __,,0 matter.
Councilman Forman observed that in his opinion the records of the
Planning Commission impart as much information as would be gained
through another hearing and that he was also present during
those proceedings.
Roll call vote uus then taken on the motion:
AYHS: Councilmen Balser, Reibold
NOES: Councilmen Considine, Forman, Turner
ABSENT:None
Councilman Considine commented that his no vote was based on his
opinion that it would work a hardship on the applicant and that it
might prevent the school from coming into existence anywhere.
The 2 to 3 vote does not constitute an appeal by the City Council
requiring a public hearing on the matter.
The City Council indicated it had not changed its position with
relation to the Southern California Association of Governments.
The Manager advised that he had submitted a letter to the Agency
to that effect.
Mayor Reibold declared the
~~'~
City Clerk ~
9-7-65