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HomeMy WebLinkAboutJANUARY 15,1963 ., I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (1-2-63) REARING (McLeod) (F :623) HEARING (Lighting Maintenance District No. 19) I ",m, RESOLUTION NO. 3549 (F :952) 15:5867 MINUTES ',-" CITY COUNCIL OF ,THE'CITY,OF fJtCADIA jANuAR~ 15, 1963 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., Ja~uary 15, 1963. The Invocation was offered by Rev. John Toews, Pastor of the Arcadia Christian Church. Mayor Butterworth led in the pledge of allegiance to the flag. PRESENT: ABSENT : Councilmen Balser, Phillips, Reibold, Turner, Butterworth None MOTION by Councilman Reibold, seconded by Councilman Turner and carried unanimously that the Minutes of the Regular meeting of January 2, 1963 be approved as submitted in writing. Mayor Butterworth declared the hearing open on the application of Don McLeod, 1515 South Tenth Avenue, for a business permit to conduct an auction of antiques at 27 West Huntington Drive on six different occasions during the year (dates to be determined as shipment of merchandise arrives from Scotland). The applicant not being present, and no one in the audience desiring to speak to the matter, Councilman Balser MOVED that the hearing be closed. Councilman Turner seconded the motion which was carried unanimously. Councilman Balser further MOVED that the Council approve the application of Mr. Don McLeod and authorize a business permit being issued to him to conduct an auction of antiques at 27 West Huntington Drive on six different occasions during the year 1963, dates to be determined as shipment of merchandise arrives from Scotland. Councilman Phillips seconded the motion which was carried unanimously. Mayor Butterworth announced that this is the time and place fixed by Resolution of Intention No. 3545 for the hearing of any protests or objections to the formation of Lighting Maintenance District No. 19. The City Attorney commented that these proceedings are routine at this time of year in order to place new subdivisions created during the past year into appropriate lighting maintenance districts; that this being a residential area the ratio of maintenance and operational cost and expense of said system is shared equally between the residents of the district and the City, the proceedings not involving the installation of facilities. Upon the City Clerk announcing that she had on file Affidavit of Posting of Notice of said Resolution of Intention No. 3545, Mayor Butterworth inquired if anyone in the audience desired to speak to the matter. No one desiring to be heard, Councilman Phillips MOVED that the hearing be closed. Councilman Balser seconded the motion which was carried unanimously. It being the determination of the Council that Lighting Maintenance District No. 19 be formed as contemplated by Resolution No. 3545, the City Attorney presented, explained the content and read the title of Resolution No. 3549, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, 1. 1-15-63 HEARING (Rancho Santa Anita Lighting Res. 3538) (F:926) 15:5868 DESIGNATED AS 'LIGHTING MAINTENANCE DISTRICT NO. 19' TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF ALTERN STREET, ARTHUR AVENUE, AZURE WAY, DUARTE ROAD, ELLEN WAY, EWELL LANE, FLAMINGO WAY, IVYLAND AVENUE, LELAND WAY. LONGDEN AVENUE, LOUISE AVENUE. MAGNA VISTA AVENUE, PAMELA ROAD, PAXSON LANE, ,SANTA ANITA TERRACE. TERRA LANE, THIRD AVENUE AND FIRST AVENUE IN SAID CITY." MOTION by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3549 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None I Councilman Phillips further MOVED that Resolution No. 3549 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Mayor Butterworth declared that the hour of 8:00 P.M. having arrived, this is the time and place for the 'nearing to determine whether or not the public convenience and necessity require the improvement of Altura Road and other streets in the City of Arcadia as described in Resolution No. 3538. In answer to Mayor Butterworth's question as to whether she had the Affidavit of Publication and Affidavit of Posting relative to the subject hearing, the City Clerk replied that she had said affidavits. Whereupon Councilman Balser MOVED that the Affidavit of Publication and the Affidavit of Posting relative to the subject hearing be received and filed. The City Clerk then read a communication dated January 11, 1963, from Peter I. Pitchess, Sheriff of Los Angeles County, on the subject matter, said letter expressing in substance that in his capacity as a law enforcement officer, he has for many years supported programs which increase both private and public lighting as a deterrent to crime. The Director of Public Works described the proposed improvement and reasons therefor, and the events leading thereto, to wit: That approxi- mately a year ago the first inquiry was received from the residents of the Rancho area interested in obtaining street lighting; that subsequently there were meetings with said residents and his staff. at which time the type of lighting available was discussed; that in March, 1962 an outline and specific specifications of a proposed lighting systel were submitted. (A picture of such lights was shown on the visual scree showing a commercial type luminaire, , L,OOO lumin, 24'3" marbelite type standard, with mast arms approximat~ly 8 feet long to project lighting out into the street and away from the trees; that it was proposed to install such lights 180 feet apart on one side of the street). That in May, 1962 a petition was filed with the City and an analysis thereof indicated that 65% of the property owners in the area favored the institution of the necessary proceedings for the improvement of the subject area by the installation of a street lighting system to the specifications of the City under the provisions of the Improvement Act of 1911. That in August, 1962 the Council authorized him to prepare plans and specifications and in December, 1962 the Council authorized proceedings instituted. 2. 1-15-63 " ~. \ . ,.' . . ".. ~ ,~ . . ~ , ' 15:5869 I The Director of'Public ,Works retrogressed at 'this point to add that in July, 196'2 a new type luminaire, named "C"olonial" ,appeared on the market; that this luminaire was reviewed by his department with other cities and with the Ed~son Company to determine its'ability to serve ar~as with satisfactory light and the cost ~as qbtained. That it was determined that this could be adopted by the City as a possible installation fj.xture o~ new installations; Ihowe~er ,: that inasmuch as petitions were already processed,and considerable information disseminated to the 'property owners, it was not felt wi~e to circulate a change at that time. (A picture of this luminaire was then thrown upon the screen alone and then in comparison with the original commercial type luminaire). That the new luminaire contains a 2500 lumen lamp, on a marbelite type standard, the average spacing being 125 feet on alternate sides of the street, the mounting height being 14' 3" to the base of the lamp. That this lamp is to be called Plan B. The Director of Public Works continued, stating that a calculation of the petitions received to date indicate 56.2% opposed, of which 22% withdrew their opposition in favor of Plan B, ieavi~g 34.2% opposed on the ground that public convenience and nece~sity would not be served by any street lighting. (The City Clerk commented that she had submitted all petitions and letters in the matter received in her office to the Department of Public Works for tabulation). Mayor Butterwortq then inquired if anyone in the audience wished to be heard on the question of whether public convenience and necessity require the proposed improvement, and the fol16wing persons addressed the Council, stating in part: James B. Diven, 1129 Columbia Road: That in view of the present control by the Police Department further expense for the installation of a lighting system would not be warranted. William A. Howe, 545 Valido Road: That he had moved here for the rural atmosphere; that there is crime in well lighted areas as well as in daylight; that it would be an unnecessary expense and a defacement of property; that he did not favor lights at all. Raymond D. Boring, 1126 La Rosa Road: That he is a retired law enforcement officer and from his experience as such feels that street lighting does not prevent crime; that he is,;a<'llIemoer of Sheriff Pitchess' staff with- out compensation and in his opinion all of Sheriff Pitchess' comments prior to his letter read at this meeting regarding lighting reflected on internal lighting, not street lighting. John Barr, 1141 Columbia Road; That he is opposed and speaking on behalf of 13 other residents who signed petitions. I Edward G. Rausch, 525 Campesina Road: That he likes the rural atmosphere. Inquired if the matter would be voted on by the property owners to be assessed; that over 50% of the residents presently have lights in their front yards; that the petition presented is not very clear. Mayor Butterworth stated that the Council would now hear those in favor of street lighting, and the following persons spoke, stating in part: James T. Rostron, 422 Monte Vista Road: Street lighting would provide security for pedestrians, traffic and would discourage vandalism and burglaries. That when the tract was first constructed the residents were promised street lighting; that he is the Chairman of the Street Lighting Committee of the Rancho Santa Anita Association and concurs with Sheriff Pitchuss. He touched upon the traffic accidents which have occurred'in the area and the crimes co~itted in the area and stated that he felt they could be aleviated with adequate lighting; that the lights in the yards of the residents are not sufficient inasmuch as they are lighted only at the inclination of the owner. 3. 1-15-63 15:5870 Robert Arth, 1017 Catalpa Road:. He referred to his letter dated January 14,1963, which he read and which stated in substance that he favored adequate street lighting for the subject area; that 65% of the property owners had signed petitions favoring the lighting system in the original petition; that the Colonial luminaire (Plan B) meets with support, from approximately 95% of those in favor of lights; that he is President of the Rancho Santa Anita Residents' Association and assists in publishing ",The Peacock Call" mailed to all of the residents of the area, said publication explaining the choices of lighting systems, costs, locations, etc. and that he had filed with the City Clerk, together with his communication, copies of said publication from February to October, 1962. That since the Plan B seems to 'overcome the protests I of a number of those objecting to the original light standard, he would urge the Council to approve the modified system. C. Paul DuBois, 932 Encanto Drive, expressed his desire to address the Council at this time on the formation of the district and not on convenience and necessity. Mayor Butterworth advised Mr. DuBois that the Council is now holding a hearing on the matter of convenience and necessity; that Mr. DuBois could be heard thereafter on the formation of a district. Thereafter the following persons continued to address the Council, stating in part: John J. Posthauer, 531 Campesina Road: That individual lights are lighted only at the desire of the owner. He commented that the different petitions circulated were confusing. Harold R. Wilson, 945 Panorama Drive: That proper lighting would result in more safety for pedestrians. Albert H. Busch, 10 South Golden West Avenue: That lighting would result in public safety and lessening of crime. Edward J. Darin, 416 North Altura Road: That the Los Angeles City Council moved to improve street lighting in the County areas not only those unlighted but those below standard lighting. Mayor Butterworth then ordered all petitions and correspondence regarding the subject matter filed and made a part of the record. Councilman Reib~ld inquired as to whether or not Mr. DuBois was opposed to any lighting at all, or to the type of lighting proposed, to which Mr. DuBois replied that the petition is prefaced with "each of us object and protest your including our premises in assessment district in which the design, price, size, type, spacing and lighting and esthetic results are not approved and satisfactory to us". Councilman Reibold further inquired if a light which was satisfactory to the property owners who I signed the petition filed by Mr. DuBois was devised, would there be no protest. Mr. DuBois stated in part that he could not speak for them; that this would have to be decided upon later. Mayor Butterworth was of the opinion that the petition as filed spoke for itself, and solely for the purpose of avoiding repetitious statements, requested a show of hands from those persons in the audience who did not believe the public convenience and necessity requires street lighting and a show of hands from those who did. The City Manager stated in part that the staff was pleased when an interest was shown for street lights in the subject area and the petitions received. That the City did not attempt to inject itself by the creation of voluminous material, but that there was substantial publication both in police journals and other administrative literature of actual cases where street lighting has been an asset to the public health, safety and welfare. That street lighting may not eliminate traffic 4. 1-15-63 I RESOLU+ION ' NO. 3561 HEARING (Rancho Santa Anita Lighting Res. 3539) (F:926) I " , 15:5871 accidents or crime but that reductions have been drastic and that he would encourage the Council to approve ~treet lights and to adopt Pl~n B. I No 'one else desiring to be heard Councilman Turner MOVED that the hearing be closed, Councilman Reibold' ~econded the motion which was ca~ried un~nimously. Councilman Reibold then MOVED that the Council determine that the public 'convenience and necessity appear to require t~e improvement by a ligh;ing system of the streets referred.to in Resolution No. 3538 and that th~' "City Attorney present an appropriate resolutio~ to ,that effect.' Coun~tl- man Turner seconded the motion which was car~ied unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3561, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF ALTURA ROAD AND OTHER STREETS, ALL IN THE CITY OF, ARCADIA (JOB NO. 277)." MOTION by Councilman Reibold, seconded by Co~ncilman Phillips and carried on roll call vote as follows that the reading:of the full body of Resolution No. 3561 be waived: AYES: Councilmen Balser, Phillips, Reibold, 'Turner, Butterworth NOES: None ABSENT: None Councilman Reibold' further MOVED that Resolut,iori No. 3561 be adopted. Motion seconded by.Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Mayor Butterworth declared that the hour of 8:00 o'clock P.M. having arrived this is the time and place for hearing protests or objections against the improvement of Altura Road and other streets as described in Resolution of Intention No. 3539, explaining that the Council having determined that it is a matter of public necessity that street lighting is necessary in the subject area, will now proceed with the second hearing which pertains to the formation of the district that is to be lighted and the type of improvement, The Director of Public Works stated that the percentage of names on the petitions'protesting is 56.2%; petitions withdrawing in favor of the substitute plan B, 22%; or net protests of 34.2%. (The City Clerk added that all petitions and correspondence received in her office had been submitted to the Department of Public Works for tabulation), Upon the City Clerk advising that she had the affidavits of publication, posting and mailing in the matter, Councilman Phillips MOVED that said affidavits be received and filed. Councilman Balser seconded the motion which was carried unanimously. The following persons then addressed the Council, stating in part as follows: Mrs. Anthony Heilweck, 1010 Volante Road: That she wished her name withdrawn from the petition; that she does not like the commercial type standard. C. Paul DuBois, 932 Encanto Drive: Spoke at length, stating in substance that the petition he filed and attached to the other petitions of 5. 1-15-63 RESOLUTION NO. 3562 15:5872 objections filed earlier comprise the owners of 276 lots, and on a separate sheet 143 signatures by lots withdrawing their consent to Plan A. That he was appearing on behalf of 276 lot owners. That the pending resolution of intention is defective as far.as the resolution of intention is concerned as it is without notice, He dwelt on the history of the proposed system and the number' of petitions filed which, in his opinion, were confusing in' that after the first petition was filed, the second petition in protest was circulated on the basis that the proposed lights were undecorative, That introduction of the colonial type light caused other petitions to be filed purporting to cancel signatures on the second petition. That he could not understand the percentages given by the Director of Public Works; that he requested I the program and the resolution be postponed until the residents had an opportunity to study the matter further, That he would like to see his street have all coach lights on a private installation and maintenan basis'and that he thought the majority of the residents on his street , would so prefer. Councilman Reibold inquired as to whether or not Mr. DuBois represented the 276 petitioners as legal counsel, association president or in what capacity. Mr. DuBois replied in part that he was simply one of the signers; that the letter attached to tne petition had carried his signature for identification purposes only. No one else desiring to be heard, Councilman Turner MOVED that the hearing be closed, Councilman Phillips seconded the motion which was carried unanimously. Mr. Royal Sorensen, Counsel employed for the subject matter, explained that for the Council to retain jurisdiction in order to implement some lighting system within the subject area at a later date when plans are proposed it should adopt a resolution overruling all protests; that the mere fact, however, that the Council overrules all protests is not a decision at this time that the lights described in plan A or B will be installed; that it leaves the matter open for a subsequent resolution of change to be submitted to the Council, which will set a hearing date, at which time all those interested may be heard relative to the changes proposed by that resolution. That if such changes are approved by the Council, it may adopt a resolution ordering the work and it is at that time that the plan is fixed and the proposed improvement is determined. The City Attorney presented and read in full Resolution No. 3562, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OVERRULING ALL PROTESTS TO THE DOING OF WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 3539." MOTION by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that Resolution No. 3562 be adopted: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None I Councilman Phillips further MOVED that the Director of Public Works present a resolution to the Council proposing changes in the street lighting system in accord with Plan B as submitted, or such other plan as may be proposed. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Mayor Butterworth added that inasmuch as the Council has not decided 6. 1-15-63 RECESf! I TRACT NO. 25965 (Tentative) (F: 962) I '., ~.l-::" , , ; ',.-; ....\.'. 15:5873 on the type of facilities that are to constitute the street lights, the assistance of the'people in the area would be. welcomed. He suggested that Mr. aos~ron, Mr. Arth; Mr. DuBois a~d any other interested persons contact the Director of Public Works in co~nection with whether Plan A or B, coach lights, or a~other type, 1s desired; that a reasonable length of time will be allowed, for this purpose. I ' Mr. Rostron expressed appreciation for the'cooperation rendered to him by 'the Council, the Director of Public Works, his 'staff and others. Mayor Butterworth declared a recess at 9:35 P.M. 'T~e'meeting reconvened at 10:05 P.M. Located between Santa Anita Canyon Road and Canyon Road, north of Elkins Avenue; partially i~ the City of Sierra Madre and partially in Arcadia. In Sierra'Madre 11 lots are proposed. with the balance of 17 in Arcadia. A map of the proposed tract was shown on the visu~l screen and the Planning Technician read portions of the report from the Planning Commission dated January 9, 1963, to wit: that if the map is approved as submitted three of the proposed lots (Nos. i, 2 and 3) in Arcadia could not be serviced without first passing through Sierra Madre; that if the tract is to be developed it must receive all of its water services from Arcadia; that the Planning Commission recommends that if the Council approves the tract it be annexed in its entirety to the City of Arcadia; that if Sierra Madre refuses to detach that portion in its corporate limits then lots 1, 2 and 3 should be detached from Arcadia; that the Planning Commission recommendation of approval is subject to the follow- ing conditions: 1. The owners of the subject property should petition the City of Sierra Madre to detach that portion of the proposed subdivision in Sierra Madre; and having obtained consent to this action petition the City of Arcadia to annex the area. 2. If condition 1 cannot be accomplished, petition the City of Arcadia to detach lots 1, 2 and 3 and request they be annexed to the City of Sierra Madre. 3. Install all standard street improvements required by the subdivision ordinance. Improvements, grades and drainage shall be to the satisfaction of the Director of Public Works. Grades shall not exceed 15% and a grading plan submitted that shall be acceptable to the Director of Public Works. ' 4. Provide all easements required for utilities. All utilities shall be installed underground. 5. Remove all trees and structures from the street right of way. 6. Remove all structures and buildings within or across the tract boundary. These removals or relocations shall comply to all City ordinances, codes and regulations, and be done to the satisfaction of the Department of Public Works. 7. Provide any necessary sewer easements, a minimum of ten feet in width, to the satisfaction of the Department of Public Works. 8. A drainage and grading plan shall be prepared and submitted, meeting the approval of the Department of Public Works. 9. Slope banks should not exceed 1-1/2 to 1 for cuts or fills; the exact limit of the slope should be established in consultation with a soils engineer and a geologist acceptable to the City Engineer. 7. 1-15-63 15:5874 10. Lot lines should be placed at the top of slopes wherever possible, 11, All slopes should be benched and the benches graded and drained at a grade sufficient to prevent silting. There should be bench access (acceptable to the City Engineer) for maintenance purposes, Soil erosion protection shall be installed and maintained by the developer until the property is sold to a single property owner, unless approved alternatives are provided for maintaining the slopes, 12, The top of all cuts against virgin slope which shall remain after construction should be protected from erosion by a drainage interceptor. 13. The minimum pad area for each lot should be 7500 square feet. :1 14, Soils recommendations, engineering and testing shall be made by a capable soils engineer or firm agreeable to both the City and the developer; a geologist will also be required, Continuous inspection will be required during grading operations, 15. The City of Arcadia would reserve the right to review the design of all grading and street improvements and drains which are tributory to the property within the City of Arcadia, 16. All streets should have a minimum 45 foot right of way with 5 foot sidewalk and planting easements, Minimum curb to curb width of 36 feet, aid all standard improvements including sewers, water, storm drains, curb and gutter and pavement. A 4 foot concrete sidewalk shall be required to control parkway erosion, 17, Driveways to each pad should be provided and paved with asphalt or concrete from the street curb line to the pad for erosion control. 18, The basis of ' design for all storm drains should be on appropriate Los Angeles County Flood Control hydrology methods, 19, The subdivider shall comply with all requirements of the subdivision ordinance and excavation ordinance. 20, Fees and deposits required: Street light installation (Underground as part of improvement of Tract) $ 70.00 510,00 350.00 Street sign installation Street trge installation Recreation fee Total $930.00 21. A water service study and plan shall be prepared and submitted to the Water Department of the City of Arcadia, This study and plan shall include the area north of this tract up to an elevation of 1,275 feet. 1 The study and plans shall meet with the approval of the Water Department of the City of Arcadia. 22. Prior to the submission of a final map a revised tentative map incorporating the above conditions of approval shall be submitted for approval by Planning Commission. The City Manager advised that a communication dated January 10, 1963 had been received from the George Elkins Company, developers of Santa Anita Highlands and of the proposed subject tract, which communication objected to conditions 1, 4 and 16. ' Mr. M. J. Hunt, representing the George Elkins Company and the Camden Wilshire Company, addressed the Council and reiterated the objections raised in the aforementioned communication (on file in office of the City Clerk) 'to wit: 1) that entering a portion of Sierra Madre in 8. 1-15-63 I I TRACT NO. 27647 (Tenta!:ive) (F :963) , 15:5875 order to service Arcadia properties is not new as this is done on Grand View, Elkins Avenue and Vista Avenue; that in the event of de- annexation, .lots 1, 2 and 3 would still back up to Arcadia streets; 4) .'for long range planning underground utilities would be desirable but the subject 17 lots are the last available hillside property that can be developed in Arcad~a, and .the cost,-could make the property unsaleable; that overhead utilities are not necessarily unsightly; 16) that he,does not agree'that sidewalks would provide a solution to erosion, the answer to this problem being more likely the correction of the source of heavy run-off which could be reasonably controlled by the installation of the driveways; that the requirements already contained in the report for drainage, driveways, soil tests and soil erosion protection are adequate without the inclusion of sidewalks. Discussion ensued. The City Manager stated in part that the three subject lots would create difficult servicing, particularly police and fire, and that this matter should be discussed further with staff. That he agreed that the developer has presented some strong points regarding underground utilities and sidewalks and from a pedestrian standpoint he felt sidewalks could be hazardous. The Director of Public Works stated in substance that experimentation regarding soil erosion is still progressing; that it is a problem in the upper Elkins subdivision; that in his opinion sidewalks would prevent soil erosion; also that underground utilities would be an added attraction. Mr. Egil Hopen, engineer for the Tract, addressed the Council and stated in part that underground utilities would be very expensive. Councilman Balser stated in part that he did not think sidewalks would add to the esthetic value of the tract, and that underground utilities would prove too expensive. Councilman Phillips stated in part that if the proposed sidewalks were for the purpose of flood control they should not be called sidewalks and are necessary. That since this is the last subdivision in the area it should not necessarily be forced to install ,underground utilities. Councilman Reibold stated that he would refrain from comment regarding underground utilities because of his connection with an utilities company; that regarding sidewalks, he too thought the terminology was wrong, that in the cause of prevention of soil erosion they are essential. Councilman Turner then MOVED that the Council accept the recommendation of the Planning Commission and approve tentative map of Tract No. 25965 as presented upon the 22 conditions recommended in the staff report, except that condition 4 be amended to eliminate the requirement that all utilities be underground, and condition 2 be amended fo read: "If condition 1 cannot be accomplished that lots 1, 2 and 3 be eliminated from the subdivision. Mayor Butterworth seconded the motion ,which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Located east of El Monte Avenue between Palm Drive and Woodruff Avenue - 5 lots. MOTION by Councilman Balser, seconded by Counc~lman Reibold and carried unanimously that the Council, accept the recommendation of the Planning Commission as contained in its report of January 8, 1963 and approve Tentative Tract No. 27647 subject to the following conditions: 9. 1-15-63 TRACTS NOS. 27903 & 27927 (Tentative) (F:964) 15:5876 1. Install all standard street improvements required by the subdivision ordinance with improvements, grades and drainage to the satisfaction of the Director of Public Works. 2. Provide all easements required for rear line utilities and locate all overhead utility services, except street lights, at the rear property lines or underground in the street right of way. 3. Remove all trees and structures from the street right of way. 4. Remove all structures and buildings within boundary. These removals or relocations shall Ordinances, Codes and Regulations, and be done the Department of Public Works. or across the tract comply to all City to the satisfaction of I 5. Dedication of street shall be 60 feet wide~ or 50 feet wide with 5 foot planting and sidewalk easements, including a 20 foot corner cutoff at El Monte Avenue to the satisfaction of the Department of Public Works. 6. Dedicate lot 6 to the City of Arcadia in fee. 7. A covenant in the form approved by the City Attorney shall be recorded agreeing that for the purposes of Article IX of the Arcadia Municipal Code the exterior boundary of said tract shall constitute the rear lot line of Lots 2 and 3. 8. Pay the following fees and deposits: Street light installation Street sign installation Street tree installation Recreation fee $ 345.00 140.00 136.00 125.00 Total $746.00 Property located between Holly, El Monte, Lemon and Las Flores Avenue - 42 lots. Mayor Butterworth ordered correspondence from Arthur C. Bauman, of Westman Development Corporation, dated January 3,1963, addressed to the Planning Director, and from J. E. Ronstad of J. E. Ronstad & Associates, dated January 7, 1963, addressed to the Planning Director, received and filed. The Planning Technician displayed the maps on the visual aid screen and explained that the Planning Commission disapproved both maps because neither developer had sufficient control over the property proposed to be subdivided by their plans; that the Commission felt that I although the Code governing the submission of tentative maps does not require control of the property prior to filing a map, precedence has established that subdividers control the land they propose developing. Councilman Phillips stated in substance that he concurred with the Planning Commission; that in the past the City has approved tract maps with no concern over who controlled the land; that one of the maps was filed capriciously and that the Council has no alternative but to turn both down. Councilman Phillips then MOVED that the Council accept the recommendation of the Planning Commission ~nd deny without prejudice tentative maps of Tracts Nos. 27903 and 27927: Councilman Turner seconded the motion. , 10. 1-15-63 I ZONE VARIANCE AND/OR SPECIAL USE PERMIT (San Gabriel Valley Water (P:Var.) HOUSE MOVING (J. Kendall McBane) (P : HM) FIRE ZONES (Report - Continued to 1-22-63) (FD - Reports) CAPITAL PROJECTS (1963) (A:CP) I DRIVEWAY STANDARDS (P:Driveways) ",'" 15:5877 , Mr. A~thur C.\Bauman, ,a developer, who submitted one of the subject maps, addressed the Council; stating that he had not presented his map capriciously; that he desired his aforementioned letter read into the record. Whereupon the Planning Technician read said letter in its entirety. Mr. J. E. Ronstad addressed the Council; and stated in,part that the method of subdividing as outlined in his letter presents a new procedure"'since it is made clear ,that he is not necessarily interested in purchasing land but is willing to cooperate with each property owner in the development of his land. The following roll call was then taken on the above motion: AYES: Councilmen Phillips, Reibold, Turner, Butterworth ABSTAINED: Councilman Balser (has interest in subject property) NOES: None ABSENT: None Mayor Butterworth declared that since no action can be taken until time for appeal elapses, the zone variance and/or special use application to drill two water wells, construct buildings and water tank and install appurtenant equipment on the south side of Clark Street 400 feet east Co.)of Peck Road (Planning Commission Resolution No. 466) will be held over to the next regular Council meeting of February 5,1963. The matter of the request of J. Kendall McBane, M.D. for permission to move a house from 1167 West Duarte Road to another location in the City, and report thereon, was continued to a proposed adjourned regular Council meeting on January 22, 1963. The matter of the City's present policy regarding fire zones and their effect on variances was continued to a proposed adjourned regular Council meeting on January 22,1963. The Capital Projects report for 1963, submitted to the Council at its meeting of January 2,1963, was briefly discussed. Inasmuch as the breakdown of the costs for the completion of the proposed Children's Room at the library had not yet' been received, Councilman Phillips requested the City Manager to contact the architect in an endeavor to obtain the information prior to the proposed adjourned regular Council meeting of January 22,1963. Councilman Turner commented that he desired a tabulation of the original specifications versus the present specifications to see where the variation in costs occur. The City Manager advised that there were no estimates or specifications on the subject matter made at that time, that the estimate was taken from t?e cost of materials in other parts of the library. Councilman Turner MOVED that the Council accept the Capital Projects Report dated January 2,1963, with the exception of item No.2 pertain- ing to the completion of the Children's room at the library, report on said matter to be submitted at the proposed adjourned regular Council meeting of January 22,1963. Councilman Balser seconded the motion which was carried unanimously. J MOTION by Councilman Turner, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and the Director of Public Works and approve the specifications for standard driveways in accordance with provisions of the Municipal Code, as contained in report and attached specifications dated January 10, 1963 submitted by the Director of Public Works. . 11. 1-15-63 ORDINANCE 'NO. 1187 (Introduced) (S :Dogs) HUGO REID PARK (Tennis Court) (F095) AlJD IT (Payment of Fee - Lybrand, Ross Bros. & Montgomery) (F :301) 15:5878 Upon the Council indicating its approval of the recommendation of the Health and Sanitation Commission, as contained in report from the City Manager dated January 15,1963, regarding revision of the City's ordinance related to the capture and custody of dogs, the City Attorney presented for the first time, explained the content and read the title of Ordinance No. ll87, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4113, 4113.6, 4124.1, 4124.1.3, 4124.2.3, 4124.3.1, 4125.6, 4125.11.1, AND 4133.1 OF THE ARCADIA MUNICIPAL CODE, REPEALING SECTION 4124.1.5"THEREOF, AND ADDING NEW SECTIONS 4133.8, 4136.6, 4136.6.1, 4136.6.2 AND 4136.6.3 THERETO." MOTION by Councilman Reibold, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1187 be waived: I AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Reibold further MOVED that Ordinance No. 1187 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as follows that the Council accept the recommendation of the City Manager, the Director of Public Works and the Director of Recreation and direct them to proceed with the following improvements at the Hugo Reid Park tennis court, at an estimated cost of $460.00 for the fencing and $500.00 for the watering system, and authorize the appropriation of $1000.00 from the Parks and Recreation facilities for such purpose: 1. Raise the east fence from 10 feet to 16 feet for a distance of 121 feet. 2. Raise the south fence from 12 feet to 16 feet for a distance of 105 feet. 3. Install a watering system and replace nine trees in the corridor separating the courts and the residents. 4. Restrictive signs regarding Climbing Fences -(signs were installed on or about January 3,1963). AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None I MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the Council approve the recommendation of the City Manager and authorize payment of $3000.00 to Lybrand, Ross Bros. & Montgomery for services rendered in auditing the records of the City of Arcadia for the 1961-62 fiscal period; AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None 12. 1-15-63 . TRACT NO. 26497 (Final) (F:779) I COMPLETION OF WORK (Watts~Smith Co~ - Weed Abatement 1962) (F:88l) EMPLOYEES" CREED 'AND CODE OF ETHICS (IP:Per .) COMMUNICATIONS COUNTY BOUNDARY COMMISSION ORDINANCE NO. 1194 (Adopted) I RESOLUTION NO. 3550 15:5879 MOTION, by Councilman Reibold, seconded by Councilman Turner and carried unanimously that the recommendation of 'the City Manager, the Director of Public Works'and the Water Superintendent be approved and that the City accept the improvements in Tract No. 26397 for maintenance and the surety bond deposited by the subdivider be released. MOTION by Couh~ilman Phillips, seconded by Councilman'Reibold and carried on roll call vote as follows that"the Council approve' the reconnnendation of the City Manager and Director of Public Works 'and, accept the work of Watts-Smith Company, contractors for the 1962 Weed Abatement program as , satisfactorily completed, and authorize payment ~o be made in accordance with the contract with said firm for the above specified work; and the bond released after the expiratfon of the required 35 days: AYES: : Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Reibold, seconded by Councilman Turner and carried unanimously that the Council accept the recommendation of the City Manager and adopt the Employees' Creed and Code of Ethics as contained on pages 40 and 41 of the Employees' Handbook. Mayor Butterworth ordered received and filed connnunications from the League of Women Voters supporting City Water Board and Upper San Gabriel Valley Water District and from Fire Chief Way regarding appreciation for painting of house numbers on curbs. ",Mayor Butterworth ordered filed notices from the County Boundary Commission '" 1 a) Annexation prpposal No., 312 - City of'El Monte; and b) Incorporation' proposal - City of South San Gabriel, inasmuch 'as they have no effect on Arcadia. ' The City Attorney presented for the second time, explained the content and read the title of Ordinance No. ll94, 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. 3531 ADOPTED BY SAID CITY COUNCIL ON NOVEMBER 20, 1962 AND DESIGNATED THEREIN ,AS 'ANNEXATION NO. 30, SOUTHEAST ARCADIA (UNINHABITED)'." MOTION by Councilman Phillips, seconded by Cou~cilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1194 be waived: AYES: Councilmen Balser, Phillips, Reibold, ~urner, Butterworth NOES: None ABSENT: None Councilman Phillips' further MOVED that Ordinance No. 1194 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3550, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE SCALE OF PREVAILING RATE OF PER DIEM WAGES AND RESCINDING RESOLUTION NO. 3425 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH." 13. 1-15-63 RESOLUTION NO. 3560 AUDIENCE PARTICIPATION ADJOURm!ENT 15:5880 MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as'follows that the reading of ,~he full body of Resolution No. 3550 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: 'None v: ~ , ~l,; I Councilman Phillips, further...MOVED that Resolution No., 3550 be ,adopted. M~ti~n seconded by Councilma~ Balser and carried on r~ll call vote as follows: " AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None I _ '. '...: ' : l.'i ~ ',c t ,I 1., , " The City Attorney presented;"'explained the content and read the title of Resolution No. 3560, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN THE CITY TO BE A NUISANCE." ::' MOTiON by Councilman Turrier, seconded by Councilman Reibold'and carried on roll call vote as follows 'that the reading of the full body of Resolution No. 3560 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None :'", ,. ",. I Councilman Turner further MOVED that Resolution No. 3560 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Mr. Jack Woods, 77 West Norman Avenue, addressed the Council and requested the City to endeavor to remedy the situation of water run-off on his street from Winnie Way, adding that he had heard that Winnie Way would be extended which would worsen the situation. ,The City Manager advised that the staff has been aware of the situation and although there has not been any complaints from anyone else on the same street, that efforts have been and are being made to remedy the matter. Mayor Butterworth requested the Director of Public Works to investigate and submit a report to the Council and also to inform Mr. Woods of his findings and procedure. At 11:35 P.M. Councilman Turner MOVED that 22, 1963 at 7:00 P.M. Councilman Phillips carried unanimously. I the meeting adjourn to January seconded the motion which was JL11(j)~ ~ ~or Butterworth ATTEST: M~~~~~ City Clerk ' 14. 1-15-63 "