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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