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HomeMy WebLinkAboutFEBRUARY 19,1963 1 INVOCATION ROLL CALL APPROVAL OF MINUTES (2- 5-63) HEARING (Annexation No. 29) (F:950) ~. I 15:5901 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA FEBRUARY 19, 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., February 19, 1963. The Invocation was offered by Rev. John Scharn, Pastor of the Arcadia Church of the Nazarene. PRESENT: ABSENT : Councilmen Balser, Phillips, Reibold, Turner, Butterworth None MOTION by Councilman Reibo1d, seconded by Councilman Turner and carried unanimously that'the minutes of the Regular Meeting of February 5, 1963 be approved as submitted in writing. Mayor Butterworth declared that this is the time and place to which was continued the protest hearing of February 5, 1963 set by Resolution No. 3532 to consider written protests made by any person owning real property within that certain uninhabited territory designated as Annexation No. 29, Northwest Arcadia (Uninhabited). The City Clerk advised that she had received and presented herewith additional written protests to the annexation from the following: Pauline C. and Lowry B. McCaslin, 701 West Foothill Boulevard filed in the office of the City Clerk February 19, 1963 concerning their land and improvements located at the northeast corner of Baldwin Avenue and Foothill Boulevard and included within the annexation; and Sterling M. and Peggy E. Pailing, filed in th~ office of the City Clerk February 19, 1963, concerning their land and improvements located at 773 Anoakia Lane' (Lot 1, Tract l3429),and included within the annexation. MOTION by Councilman Turner, seconded by Councilman Phillips and carried unanimously that the above mentioned protests be received and made part of the record. The City Clerk further advised that she had received and presented here- with copy of document from the County of Los Angeles and the Board of Supervisors as governing body of the Flood Control District, ordering withdrawal of tqe protest they had filed with respect to all their properties included in Annexation No. 29, Northwest Arcadia (Uninhabited) said documents filed with the City Clerk on February 5, 1963. MOTION by Councilman Reibo1d, seconded by Councilman Balser and carried unanimously that the above mentioned withdrawal be received and made part of the record. Because of the additional protest received, Councilman Reibo1d ~, seconded by Councilman Turner and carried unanimously, that the matter of protests and withdrawals be referred to staff for a report upon the valuation of all properties in Annexation No. 29, Northwest Arcadia' (Uninhabited) at the next regular Council meeting on March 5, 1963, and that the protest hearing on Annexation No~ 29, Northwest Arcadia (Uninhabited) as to the proceedings instituted by Resolution No. 3532 be continued to the next regular Council meeting of March 5,1963, at 8:00 P.M. 1. 2-19-63 HEARING (Water Wells) (F:965) HEARING (Rancho Santa Anita Lighting) (F:926) 15:5902 Mayor Butterworth declared the hearing open on the appeal by the San Gabriel Valley Water Company from Planning Commission recommendation for denial of request for zone variance andlor special use permit to drill water wells and install and operate water storage, pumping and distributing facilities on property located on the south side of Clark Street about 400 feet east of Peck Road, as set forth in Planning Commission Resolution No. 466, and inquired if anyone desired to be heard on the matter. Mr. J. E. Skelton, Vice President of the applicant company, addressed the Council, submitting to the City Clerk a written appeal from the Planning Commission recommendation and requested that it be distributed'l He then requested the hearing continued to enable the Council to cons ide the contents of said appeal, adding that he intended to deliver to the City Clerk on the following day pictures of the proposed development. Mr. G. E. Curtis, 8410 S. Manzinar, Pi co Rivera, and adjacent property owner of the applicant company, addressed the Council, stating in part that inasmuch as he could not conveniently attend a future council meeting, he wished to go on,record at this time as favoring the requested variance inasmuch as theyroperty would otherwise deteriorate from lack of use and that the proposed development would be an asset to the community. Councilman Turner then MOVED that the material submitted to the Council at this hearing be accepted and made part of the record and that the hearing be continued to the next regular Council meeting of March 5,1963, and that any pictures submitted in the meantime by the applicant be formally presented to the Council at said meeting of March 5,1963. Councilman Reibo1d seconded the motion which was carried unanimously. Mayor Butterworth declared that the hour of 8:00 P.M. having arrived, this is the time and place for hearing protests or objections against the improvement of Altura Road and other streets in accordance with the proposed changes as described in Resolution No. 3564. Upon the City Clerk advising that she had the affidavit of publication relative to the subject hearing, Councilman Phillips ~ that said affidavit of publication be received and filed. Councilman Balser seconded the motion which was carried unanimously. The Director of Public Works rendered a summary of the changes that are being considered and their effect, adding that the plans have been modified in accordance with past discussions to include a standard designated as Plan B (The standard was displayed on the screen). That the revision contemplates the use of a Colonial type luminaire with a 2500 lumen lamp mounted on a 14'3" reinforced concrete pole, said poles to be placed approximately 125 feet apart on alternate sides of the street. I The Director of Public Works also read a letter which stated that at th time information was supplied relative to the preparation of Resolution No. 3564 proposing the changes in the work there was a misunderstanding as to extension and inclusion of certain figures relative to the increased estimate of cost. That after a further study and re-eva1uation of the proposed changes, in his opinion the estimated increased cost of the work over the work described in Resolution No. 3539 will actually be $6,297.39 rather than the approximate $12,000; that there is an increase in total cost of the project of approximately $6,864.16. MOTION by Councilman Reibo1d, seconded by Councilman Balser and carried unanimously that the communication containing the above information be received and made part of the record. 2. 2-19-63 .i' 15:5903 The City Clerk advised that communications have been received from the following: W~yne D. Anderson, llll Encanto Drive ) ,Arnold, S. Lindin, 1117 Encanto Drive ) Protest type of lighting and Ge~~ld F. ~innings, 530 Monte Vista Drive) request community ballot. E. A. Lucas, 1121 DeAnza Place ~,Opportunity to vote. Walter W. and Frances E. Mordan, 510 Va1ido Road - Opposed to entire installation and prefer private lighting. I Robert W. Diller, 518 Va1ido Road - Prefer private lighting but desire determination by ballot. Mrs. Edna Curto, 1032 Volante Drive - Prefers vote on the matter. Harl D. Crockett, 1040 Volante Drive - Suggests an impartially conducted vote. Bruce J. Dumbacher, 1124 Panorama Drive - Objects to the proposed changes. Edward G. Rausch, 525 Campesina Road - Favors individual coach lights and favors the issue being decided by vote. John W. and Elizabeth J. Clark - Favor installation of Colonial style lights. Mr. and'Mrs. William Wyman, 507 Monte Vista Road - Favor Colonial type lights. , ' Mrs. Eleanor Mo Ellis, 1108 Columbia Drive - Opposed to any type lights. Mrs. Anthony Hei1weck, 1010 Volante Drive - Favors a recount to be taken in the area. ' The City Clerk read in its entirety a communication from Mr. C. Paul DuBois, 932 Encanto Drive, dated February 19, 1963 (said letter being read in lieu of Mr. DuBois making an oral presentation) containing 12 specific grounds for such protest as his evidence in support thereof. (communication on file in office of the City Clerk)., MOTION by Councilman Phillips, seconded by Councilman Turner and carried unanimously that all of the above letters be received and filed and made, a part of the record of the matter. 1 Mayor Butterworth then stated that the Council would hear first anyone who wished to protest or object to the improvement of A1tura Road an4 other streets in accordance with the proposed'changes as described in Resolution No. 3564 and outlined by the Director of Public Works, and the following persons addressed the Counc~l, stating in part: Wm. A. Howe, 545 Va1ido Road: That in his opinion there is a question as to what the majority prefers; that the signatures on the petitions were obtained under pressure; that he did not believe lighting will preve~t crime; that the proposed lighting is an unnecessary expense. ' Gerald F. Binnings, 530 Monte Vista Road: plan on the ground of spacing, light level esthetic aspects of the'p1an. That he protested the present a~d cost in addition to the Francis D. Bushmeyer, 1032 Encanto Drive: That he was opposed to any light but would go, along with something not so bright; that he would favor an election to decide the matter. 3. 2-19-63 15:5904 John Barr, 1141 Columbia Road: Read letter from 13 of the 18 residents on Columbia Road, protesting any type ,of lighting and requesting that Columbia Road be excluded from the lighting district. He cited Section 2930 of the State and Highways Code. Mayor Butterworth reminded the audience that this hearing is to hear protests or objections as to the proposed changes and not to the lighting per se. Joseph D. Portanova, 1026 Monte Verde Drive: That the standard depicted in Plan B is not Colonial and not in accord with the type of area archi tec ture . I C. C. Allen, representing Line Material Industries, 7105 S. Paramount Boulevard, Pico Rivera, and residing at 1918 Rio Verde Drive, West Covina, submitted a drawing of the type light standard his company could offer, similar to the subject specifications. Mayor Butterworth accepted the sketch for the record. Mrs. Anthony Hei1weck, 1010 Volante Drive: That since there has been so much confusion the entire matter should be abandoned and a fresh start made; that she felt she had been pressured into signing a petition. Raymond D. Boring, 1126 La Rosa Road: That the matter should be handled by local ballot and the present development scrapped. C. Paul DuBois, 932 Encanto Drive: alternate designs and engineering February 15,1963 be included. That for the record the other as submitted with his letter of MOTION by Councilman Phillips, seconded by Councilman Reibo1d and carried unanimously that the iriformation presented by C. Paul DuBois with his letter of February 15,1963 be included in the record. Edward G. Rausch, 525 Campesina Road: That the matter should be decided by an election and not be the responsibility of the Council. Har1 D. Crockett, 1040 Volante Drive: That a vote would be in order as there was much confusion regarding the signing of the petitions; that at the January 15,1963 Council meeting it had been stated that ample time would be allowed for alternate plans and on January 18, 1963 the Director of Public Works wrote Mr. DuBois that he was proceeding with Plan B which would be completed in two weeks; that he did not believe ample time had been allowed. In response to Mayor Butterworth's statement that the Council would now hear those persons in favor of the change, the following persons addressed the Council, stating in part: James T. Rostron, 422 Monte Vista Road, Chairman of the Street Lighting I Committee of the Rancho Santa Anita Association: That he believes the light designated in Plan B is compatible with the area. He recited the events of the past 15 years leading to the determination of the Council at its meeting of January 15,1963 that the proposed lighting is a matter of public convenience and necessity. That the 1911 Act does not call for an election; that 59% of the property owners are in favor of Plan B; that the Line Material Industries' fixture will be available by the time the contract is let and the successful bidder will have an opportunity to bid any fixture that meets the basic specifications; that he did not see any purpose in delaying the project further. Charles R. Arth, 1017 Catalpa Road: Read a cation called "Peacock Call" describing the of the subject area. statement from the pub1i- attitude of the residents 4. 2-19-63 RESOLUTION NO. 3565 1 RESOLUTION No. '3566 1 RESOLUTION No. 3567 15:5905 MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously that all documentary material presented be received in evidence and that the hearing be closed. The Council desiring to overrule the protests, the City Attorney presented, explained the content and read the title of Resolution No. 3565, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA OVERRULING ALL PROTESTS TO THE MAKING OF THE CHANGES DESCRIBED IN RESOLUTION NO. 3564." MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as follows that the readi~g of the full body of Resolution No. 3564 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Resolution No. 3565 be adopted. Motion seconded by Councilman Reibo1d and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None The City Attorney then presented, explained the content and read the title of Resolution No. 3566, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING CERTAIN MODIFICATIONS OF THE WORK TO BE' DONE IN ASSESSMENT DISTRICT NO. JOB 277 (ALTURA ROAD AND OTHER STREETS)". MOTION by Councilman Balser, seconded by Councilman Reibo1d and carried on roll call vote as follows that the reading of the full body of Resolution No. 3566 be waived: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None Discussion ensued regarding the clause "or equal" in the specifications, due to Councilman Turner's inquiry as to whether another 1uminaire not necessarily equal to the specifications cou1d'be bid. It was stated that if the successful bidder wanted to supply a different type item that is equal and approved, then it could be used; that the work can be changed at any time prior to the time the contract is let by adopting a resolution such as Resolution No. 3564, subsequently holding another 'hearing and ordering the changes; that the work can be changed after the contract has been let by following the same procedure. It being the opinion of the Council that the "or equal" clause remain, Councilman Balser MOVED that Resolution No. 3566 be adopted. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None The Council determining that it wished to order the work done in accordance with the specifications as modified, the City Attorney then presented, explained the content and read the title of Resolution No. 3567, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING WORK TO BE DONE ON ALTURA ROAD AND OTHER STREETS (JOB NO. 277) IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3539 AS MODIFIED BY RESOLUTION NO. 3566." 5. 2-19-63 15:5906 MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3567 be waived: AYES: Councilmen Balser, Phillips, Reibo1~, Turner, Butterworth NOES: None ABSENT: None Councilman Reibold further MOVED that Resolution No. 3567 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None 1 RECESS Mayor Butterworth declared a recess at 9:20 P.M. The meeting reconvened at 9:24 P.M. (F :966) Mayor Butterworth declared the hearing open on the application of Joseph O. Ga11a1 for a business permit to establish and operate a 20 table billiard room at 37 East Huntington Drive, and inquired if anyone desired to speak in favor of the request. HEARING (Gallel ) The applicant, Mr. Joseph O. Ga11a1, 506 Santa Cruz Road, addressed the Council and described the proposed facilities, stating in part that this is the new image of billiards, created by the Brunswick Company to be an integral part of the bowling centers; that presently there are no such billiard rooms in the State of California and commented on a similar operation in Philadelphia. Mr. Gallal indicated that the proposed extensive remodeling of the building would take place both inside and outside, including the rear entrance of the building, with an expenditure of an estimated $40,000 for such remodeling. He displayed colored renderings of the proposed improvements and stated that in his opinion this establishment would be the spark that the downtown area needs. He mentioned that the Planning Consultants had suggested a recreational center in the subject area. He then presented to the City Clerk for distribution to the Council literature pertaining to the game, which he stated' is for family recreation and is far removed from the old fashioned pool hall. In answer to queries from the Council, Mr. Ga11a1 stated that he had no intention of ever installing a cocktail bar on the premises, nor would he ever sell any hard liquor or beer to the patrons of the proposed billiard room; that there would be no restaurant, oB1y automatic dispensers of food, such as sandwiches, coffee and the like. That the venture is not merely an investment as he desired to enter another business (presently a masonry contractor) and that he would manage the billiard room. That should the area develop as contemplated I he might not economically keep the proposed billiard room in that location. ' No one else desiring to be heard in favor of the requested business permit, Mayor Butterworth stated that the Council would now hear those opposed, and the following persons addressed the Council, stating in part: John Ark1ey, 33 East Huntington Drive, representing the estate of Harry McMahon and other tenants in the area: That in the opinion of his clients the proposed type of business would further derogate a situation that is now unfavorable; that the building has been vacant less than 60 days and there have been several inquiries regarding its use and that such inquiries were from sources that would be beneficial to the area. He also commented that he doubted if the applicant would improve the building to the extent of $40,000 as the building could be purchased for approximately that amount. 6. 2-19-63 " . ... ""' 15:5907 Walter Gockley, proprietor of the Brown Shop, 49 East Huntington Drive: That although he had not been contacted by the applicant, he was opposed to the proposed venture inasmuch as it is contrary to the general thinking as expressed at the meeting of the Planning Consultants of what is desirable for the future of the area; that in the Consultants' opinion, the proper balance for the area should be retail businesses and that a recreational center does not fit into that field. 1 Kermit Hartzler, 15 East Huntington Drive: That he too is opposed to this particular type of operation in this particular location which, in his opinion, would be better located on Wheeler Street. That if the proposed venture did not succeed it could deteriorate to the extent of attracting an undesirable element of patrons. That since the final form of the master plan for the area is to be presented February 28, 1963, final decision on the matter should be delayed until such plan is reviewed. Mr. Ga1la1 again addressed the Council, stating in part that he had spoken with 'many of the merchants on Huntington Drive and that all of them, with possibly one exception, had expressed approval of the venture. In response to Mayor Butterworth's query as to the names of the men he had contacted or the businesses, Mr. Ga11a1 mentioned the Music Mart, owned by Me1 Pratt, Mr. Wallin, someone connected with the Sullivan Paint Company and Mr. Carlson of the U. S. National Bank. Mr. Ga11a1 also pointed out that inasmuch as his escrow which was conditional, had only a few more days to run and that he must have the decision of the Council at this meeting. No one else desiring to be heard, Councilman Phillips ~ that the hearing be closed. Councilman Balser seconded the motion which was carried unanimously. Discussion ensued and the Councilmen stated in part as follows: Councilman Turner: That as a result of his discussions with several merchants in the subject area he had concluded that the proposed master plan will establish a look the downtown area anticipates several years hence and thus will not affect the immediate occupancy of the building; that should the area develop as anticipated, economics, would eventually make the property too valuable for the proposed venture and in the mean- time it could be the spark that will start the downtown area in the direction of redevelopment; that the businessmen with whom he spoke favored the proposed facility as did he. 1 Councilman Phillips: That in his opinion the general level of public acceptance of billiard rooms is not sufficiently high to warrant start- ing the downtown redevelopment with such an operation. That it could have a deterrent effect upon persons desiring to locate in the area; that it would not be possible in such a business to amortize the proposed expenditures in the short time anticipated, which could result in an inferior secondary use; that he could not approve the requested permit. Councilman Balser: That although the Planning Consultants' plan for the downtown area has not been finally approved, it has proceeded far enough to convince him that the, area must go to retail business if it is to be rejuvenated; that bowling alleys are in a special use category and pool halls shou1~ be included with bowling alleys. That in his opinion the proposed operation would not only have a deterring effect on the downtown area but on the entire City, and that he strongly opposed it in the subject neighborhood. Councilman Reibo1d: That he personally did not think the venture could succeed in the subject area but that this was not the concern of the Council; however, the building being vacant the proposed business could be a step in the right direction and be the spark needed to reverse the trend; that he would favor the application. 7. 2-19- 63 15:5908 The City Attorney outlined the bases upon which the requested permit may be approved or denied, in answer to queries as tc the controls the Council might impose at this time in line with the applicant's statements of his intention to expend $40,000 on improvements and that no alcoholic beverages would be sold on the premises. That it would be proper, as the Council has done in the past, to impose as a permit condition that there shall be no liquor sold or consumed on the premises; however; that the present application is not a zoning matter where the Council can control the architectural features of a building. To the City Manager's query as to whether it would be possible, if the 1 permit were granted, to have plans submitted in accordance with the design and approved prior to a permit being issued, the City Attorney replied that the Council could require certain features nf. a ~ui1ding to be approved as a prerequisite to the issuancc of a permit where the features required had a controlling effect upon the business to be '.conducted. Mayor Butterworth: That he had mixed emotions about the matter; that although the idea of a billiard room on the main street of the City was not entirely to his liking, in view of the empty buildings in the area, this could be a change for the better, as it could not get worse. That he was influenced by Councilman Turner's statement that the proposed venture is not objectionable to the businessmen with whom he discussed the matter; that he was also influenced by the representation of the applicant that he will spend $40,000 in remodeling the building in keeping with the renderings he had presented. ' The Planning Director pointed out that the Council was overlooking the fact that if the downtown plan has any validity, ways and means will have to be found to implement the plan; that at the onset of the plan it is anticipated that the zoning ordinance will be revised, in which case the proposed business would be excluded from any zone that would be a part of that area and thus become a non conforming use and the applicant's investment would be in serious jeopardy. Councilman Turner commented that the building would be open front and rear and compatible to an:' normal type front and rear entry for a future retail type business. There being no further discussion, Councilman Phillips MOVED that on the -basis that the proposed usage would tend to increase loitering and gambling in the downtown area, requiring more policing, the application of Joseph O. Ga1la1 for a business permit to establish and operate a 20 table billiard room at 37 East Huntington Drive, be DENIED. Council- man Balser seconded the motion and the following roll call was taken: AYES: Councilmen Balser, Phillips NOES: Councilmen Reibold, Turner, Butterworth 1 ABSENT: None Councilman Turner then MOVED that the application of Joseph O. Ga11a1 for a business permit to establish and operate a 20 table billiard room at 37 East Huntington Drive be APPROVED on the following conditions: 1. That plans and specifications for the remodeling of the subject building be substantially as depicted in the renderings presented at this meeting; that it be a completely open type operation with no individual or secluded areas within the building; that the plans, both exterior and interior be first approved by the Director of Public Works as substantially complying with the interiors and exteriors presented; and 2. That no intoxicating liquor be sold, consumed or permitted to be consumed on the premises at any time throughout the duration of the permit . 8. 2-19-63 1 ZONE CHANGE (Gro!>!l't'ier) AUDITORS I REPORT ." (F:30l) :' I BID AWARD (Water Dept. Concrete Block Wall) (F :967) 1 . ,-.. 15:5909 Councilman Reibo1d seconded the motion. Councilman Balser observed that contrary to the""comment made that the area could not get worse, he'be1ieved it could if beer parlors, pawn shops and in this cas~, pool halls, ar~ permitted and that in his opinion the Council will regret ""approv~ng the subject application. The following" rol1'ca11 was then taken; AYES: Councilmen Reibo1d, Turner, Butterworth NOES: Councilmen Balser, Phillips ABSENT: None Planning Commission Resolution No. 470 recommending DENIAL of an application for 'change of zone from R-2 to C-2 and D on property located on the northwest corner of Duarte Road and Fifth Avenue. Said matter requiring a public hearing Counc~lman Phillips MOVED that the hearing be scheduled for April 16, 1963 at 8:00 P.M. in accordance with' request of applicant's attorney. Councilman Reibold seconded the motion which was carried unanimpusly. . '.f MOTION by Councilman Phillips, seconded by Co~nci1man Turner and carried unanimously that the report dated Fepruary 11, 1963 from Lybrand, Ross Bros. & Montgomery, Certified" Public Accountants, cover- ing their review: of the present status of th~ir prior recommendations for improvements in the City's accounting prp~edures, systems and records, be received and referred to the City, Manager and the City Controller. Following bids received February 18, 1963 for the construction of concrete block walls at Baldwin Reservoir and at Camino Real Plant, the lowest bid b~ing made by Aero Line Fence Service $2,481 on item 1 "and $5,352 on item 2; Item 1 - Baldwin Reservoir Aero Line Fence Service Montpass & Zuerlein Holton Construction Co.,Inc. Dumarc Corporation $2,481 2,844 3,656 3,826 Item 2 - Camino Real Plant Aero Line Fence Service Montpass & Zuerlein Dumarc Corporation Holton Construction Co.,Inc. $5,352 5,787 7,568 7,858 Councilman Balser ~ that the Council accept the recommendation of the City Manager and the Water Superintendent; that a contract for the construction of concrete block walls at Baldwin Reservoir and at Camino Real Plant be awarded to Aero Line Fence Service in the amount of $2,481 for Item 1 and $5,352 for Item 2; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract and in the amounts specified, in form approved by the City Attorney. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None 9. 2-19-63 BID AWARD (Weed Abatement) (F :958) TRACT NO. 27403 (Final) (F :915) ALL NIGHT PARKING 15:5910 Following bids received February 18, 1963 for the cleaning of vacant lots within the City, the lowest bid being made by Harold D. Watts; Commercial Lot Cleanin~: For each disking operation a total of $4,874.60 Mowing andlor hand cleaning 5.50 per hour Burning of tumbleweeds 20.00 per hour Truck rental, including driver and disposal of debris 11.00 per hour Skip loader rental, including 1 operator 11.00 per hour Hand labor 5.50 per hour Harold D. Watts: For each disking operation a total of $4,712.68 Mowing andlor hand cleaning 5.50 per hour Burning of tumbleweeds 20.00 per hour Truck rental, including driver and disposal of debris 9.00 per hour Skip loader rental, including operator 8.50 per hour Hand labor 5.00 per hour Councilman Reibo1d MOVED that the Council accept the recommendation of the Fire Prevention Inspector and Superintendent of Weed Abatement; that a contract for the cleaning of vacant lots within the City be awarded to Harold D. Watts in the amounts specified above; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None MOTION by Councilman Turner, seconded by Councilman Reibo1d 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 Water Superintendent and that the City accept the improvements in Tract No. 27403 (Santa Anita Terrace) for maintenance, and that the City Controller be authorized to release to the developer of the subject tract the deposit for bridge construction under Tract No. 25803, and that the surety bond deposited by the subdivider be released: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None 1 MOTION by Councilman Turner, seconded by Councilman Reibo1d and carried unanimously that the Council accept the recommendation of the City Manager and approve the postponement of the submission to the Council of a final report on the status of all night parking (due in February 1963) to May 7, 1963, thus enabling the staff to conduct the survey after >the racing season and more accurately reflect the current status of the problem. 10. 2-19-63 CALL FOR BIDS (Removal of Trees) (F: 968) , 1 WILDERNESS PARK (F: l27-E) 1 15: 5911 Councilman Phillips MOVED that the Council accept the recommendation of the City Man~ger and the Director of Public Works; that 'the plans and specifications for 'the removal of 110 parkway trees in the City of Arcadia be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, expenditure for same being provided for in the 1962-63 fiscal budget, said bids to be opened on March 4,l963 at 11:00 A.M. and submit~ed to the Council at the regular meeting of March 5, 1963. Councilman Turner seconded the motion which was carried unanimously. The City Manager read a report dated February 13,1963 from the Director of Public Works and Director of Recreation which recommended that the Council 1) authorize the City Clerk to advertise fOF bids for the final phase of the Capital Improvement Program at Wilderness Park estimated at $60,000; 2) authorize the Director of Public Works to close the park to public use during certain construction pha~es; and 3) authorize the Director of Recreation to schedule and coordinate recreation activities for supervised youth groups when simultaneously feasible with the improvement program at Wilderness Park. The City Manager also read a communication dated February 12,1963 addressed to him from the North Arcadia Resi?ents' Committee by M. Edmund E1lion, 2152,High1and Oaks Drive, which requested that final action for allocation ~f the money be withheld in'order that the Committee may have the opportunity to prepare a formal petition to present its suggestions to the City Council; since the park continues ,(to be, a'cause of heavy traffic and other serious nuisances resulting from the majority of users being non-Arcadia residents and since it is believed that the above sum can be better utilized in other City projects. Mr. Lloyd Finne, 2235 Highland Oaks Drive, addressed the Council, stating in part that the nuisance mentioned in Mr. E11ion's letter had been discussed with the City Manager several months ago and that a petition was in the process of being prepared for circulation to approximately 500 residents residing in the area to close the park; that he had been under the impression that he was to be notified before action was taken on the $60,000 allocation For the park; that the park is a fire hazard; that he works for an insurance company which will not insure any of the homes in that area as far as fire insurance is concerned; that 'it causes heavy traffic and i~ not safe for their children or wives; that more time should be allowed to have the petition drawn and that the subject matter be held in ~beyance until such time; that there should be a vote as to whether the, park should be closed; that he is in accord with keeping the park available for supervised activities only.. Mr. M. Edmund El1ion, 2152 Highland Oaks Drive also addressed the Council on the same subject, reiterating the suggestions and opinions of Mr. Finne, adding in part that in his opinion the park is not necessary for the City inasmuch as there are other par~s nearby, such as the C~unty Park and Chantry'F1ats. He continued at length, elaborating on the alleged nuisance the park caused the adjacent residents by way of increased traffic, vandalism, the frequenting of the park by undesirable persons; that the residents of the Highland area do not want persons, from other cities to frequent the park; that:the park be closed except for organized activities; that the proposed building is a source of potential tax'increase. He requested the'matter of the allocation of $60,000'be held in abeyance until the residents of the area are organized and a petition presented to the Council. 'He added that he had appeared before the Recreation Commission on the matter but had received no determination at such time. 11. 2-19-63 TRACT 27186 (Final) (F:897) 15:5912 Councilman Phillips commented that for the record it should be known that the park was in its first phase of development and existed before Highland Oaks Drive, was extended beyond the wash and that everyone residing in the area had full knowledge of the park and its development prior to purchase of property adjacent thereto. Also that from the standpoint of being a fire hazard, to the contrary, the park helps the area because of the water line all around the park and the rain birds that cover the terrain to keep any fire from spreading into the forest. That the $60,000 is not all for a building, but includes landscaping, water lines, etc. Councilman Reibo1d commented that the total recreation budget is one of I the most self-sustaining in the City. The City Attorney stated in part that the entire perimeter of the park is posted as well as the entrance, with signs designating the area beyon the park a hazardous area and stating that all entry thereto is prohibited; that it is patrolled not only by the City's Police and Fire Departments but by the Forest Rangers; that it is a matter of continuous enforcement and the problems mentioned are not entirely peculiar to that particular area. Mayor Butterworth stated in part that having been on the Recreation Commission he believed its attitude to be that the park is a very substantial' advantage to the community; that from personal knowledge he knew that the recreation budget per capita is far below the medium average in the County of Los Angeles; that he could not take seriously the objection that this is an untoward expenditure of tax funds; that, of course, the matter will be investigated and police protection will be available if there is any unreasonable harassment of the people in the area, but that he was opposed to.c10sing a large recreational area. Councilman Balser stated in part that from personal observation at the park he had seen and recognized more than 50% of the attendants as being Arcadia residents; that he agreed with Councilman Phillips that ',the adjacent residents were aware of the proximity of the park prior to . their moving into the area; that there is a decided shortage of recreational areas in the City as well as in the County and to delay action on the subject matter would imply that the park is undesirable and would, result in a deterring effect thereon. Councilman Balser then MOVED that the Community Facility Planners final phase of Wilderness Park as set forth in the report dated February 13, 1963 and read by the City Manager and recommended by the Director of Public Works, Director of Recreation and the City Manager, be approved. Councilman Phillips seconded the motion. At the request of Councilman Turner, Councilman Balser amended his motion to include on Item 1, just before the wording "Director~ of Recreation 1 ...11 the insertion of the words "Recreation Cormnissiol111.... After further discussion, the following roll call was taken: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Reibold requested that the staff investigate the feasibility and cost involved in fencing the park area with chain link fencing. . MOTION by Councilman Balser, seconded by Councilman Phillips 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. 27186 for maintenance and the surety bond deposited by the subdivider be released. 12, 2-19-63 COUNTY BOUNDARY COMMISSION 1 ORDINANCE NO. 1195 (Adopted) RESOLUTION NO. 3552 1 RESOLUTION NO. 3555 15:5913 Mayor Butterworth ordered filed notices from the County Boundary Commission of the following proposed annexations: No. 6-A to the City of Temple City No. 306 (Rev.) to the City of, E1 Monte since they have no.effect upon the City of Arcadia. , The City Attorney presented for the second time, explained the content and read the title of Ordinance No, 1195, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 5, PART 7, CHAPTER 2, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY ADDING TO TITLE 1 THEREOF A NEW SECTION 9275.1.27 ESTABLISHING AND INCLUDING NURSERY SCHOOLS AS A SPECIAL USE, BY ADDING THERETO A NEW TITLE 3 ENTITLED 'SPECIAL REGULATIONS - NURSERY SCHOOLS', BY,'ADDING THERETO A NEW TITLE 4 ENTITLED 'SPECIAL REGULATIONS - CUSTOM DRESSING' , RENUMBERING SECTIONS 9275.2.1 AND 9275.2.2 AS 9275.4 AND 9275.4.1 RESPECTIVELY AND ASSIGNING SUCH RENUMBERED SECTIONS TO SAID TITLE 4, AMENDING THE TITLE OF TITLE 2 TO READ 'PROCEDURE', REVISING THE TITLE OF SECTION 9275.2 AND ADDING TO SAID TITLE 2 A NEW SECTION 9275.2.1 ENTITLED 'REVOCATION'." MOTION by Councilman Phillips, seconded by Councilman Reibo1d and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1195 be waived: A"ES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: 'None ABSENT: None Councilman Phillips further MOVED that Ordinance No. 1195 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3552, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IN OPPOSITION TO PROPOSAL TO MAKE LOCAL ELECTIVE OFFICES PARTISAN." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3552 be waived: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None Councilman Balser further MOVED that Resolution No. 3552 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3555, entitled: "A RESOLUTION OF ,THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IN OPPOSITION TO PROPOSED ELIMINATION OF LOCAL TAXES FROM LIST OF DEDUCTIONS ON FEDERAL INCOME TAX." 13. 2-19-63 ORDINANCE No. 1196 (Introduc~d) (Anti- Solicitation) (F:928) PLANNING CONSULTANTS WILDERNESS PARK (F:l27-E) ADJOURNMENT 15:5914 MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3555 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Turner further MOVED that Resolution No. 3555 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None 1 Mayor Butterworth suggested that the City Manager send a copy of the above resolution to: California State Senators, League of California Cities, National Youth Association, United States Conference of Mayors and Independent Cities. After discussion regarding the proposed amendment of the ordinance banning door to door solicitation by exempting therefrom solicitation of subscriptions to newspapers of general circulation published for the dissemination of local or telegraphic news or intelligence of a general character and printed or published at' regular intervals, biweekly or more often, the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1196, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMEND- ING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 6425.10 ENTITLED 'SAME. SAME. NEWSPAPERS' ." MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1196 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterwo,th NOES: None ABSENT: None Councilman Phillips further MOVED that Ordinance No. 1196 be introduced. Motion seconded by Councilman Reibo1d and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Reibo1d, Turner, Butterworth NOES: None ABSENT: None In answer to Mayor Butterworth's query regarding the Planning conSUltant appearance before the Council for interrogation, the City Manager advis that a written report was being prepared by the Consultants for presen- tation to the Council prior to a meeting, said report to be ready by February 26,1963 and a meeting would be held. Mr. Edmund E1lion again addressed the Council and continued on the topic of the Wilderness Park as an alleged nuisance. He requested information as to how citizens could compel the change in the planned development and use of Wilderness Park as decided by the Council. The City Attorney thereupon explained the several procedures open to citizens in such event. No one else desiring to be heard Mayor Butterworth declared the meeting adjourn~d at 11:15 P.M. ~L(jj~ -.., ~~~: ~ Mayor Butterworth ~~ 7;d*~~14. City C1~rk 2-19-63