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HomeMy WebLinkAboutMAY 7,1963 I INVOCA+ION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (4-16-63) (4-25-63) HEARING (Rev~y) (F:9l2) I 15:5978 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA MAY 7, 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.; May 7, 1963. The Invocation was offered by Rev. John Knox, Associate Pastor of the Church of the Good Shepherd. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Balser, Butterworth, Reibold, Turner, Phillips None MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that the minutes of the Regular Council Meeting of April 16, 1963 and the Adjourned Regular Meeting of April 25, 1963 be approved as submitted in writing. CONTINUED hearing on Planning Commission Resolution No. 448 recommend- ing denial of an application by Elizabeth Revay and others, as owners, for a change of zone from Zone R-3 to Zone C-2 on property located at 745 to 805 West Duarte Road (Lots 125, 126 and 127, Tract No. 2731). Mr. Thomas R. Sheppard, Attorney for applicants, addressed the Council, stating in part that the various continuances granted him by the Council on this matter had been for the purpose of permitting his clients to /dispose of the property in anticipation of commercial zoning. That to jdate prospective purchasers have made no definite commitments due to lack of assurance that the subject property will be zoned C-2 and there- fore Councilmanic determination on the requested rezoning must first be secured; that he desired for that reason to proceed on the subject application. In order to review the matter for the Council, inasmuch as proceedings before, the Council had commenced approximately a year ago, the Planning Technician read a report from the Planning Department to the Planning Commission dated'April 19, 1962, which stated in substance that there is no need for expanding commercial zoning at this time; that there are enough small shops on Baldwin Avenue to satisfy small store needs and there already exists a modern neighborhood shopping center, complete with grocery in the area; that the development of the subject property to R-3 uses similar to the other new development in the area would be better than a development with more small commercial uses; that the requested rezoning would constitute spot zoning. (Report on file in office of the City Clerk). Mr. Sheppard again addressed the Council, stating in part that in his opinion the subject property is economically and aesthetically unfeasible for Zone R-3 development in that such development would face Hinshaw's parking lot and be subjected to the heavy, nofsy traffic emanating there- from, making residential living untenable. That there is every indication that commercial developers will be interested in the property if it were rezoned; that the property is presently unattractive in appearance and will fUrther deteriorate in character and could attract uninviting element if not rezoned. That the parties involved have indicated willingness for the property, consisting of approximately three acres, to be developed as a unit if commercial zoning is granted and that such zoning be conditional if the Council so desires. 1. 5-7-63 15:5979 No one else desiring to be heard Councilman Butterwortp MOVED that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Extensive discussion ensued, the Councilmen expressing their opinions as follows IN PART: Councilman Reibold: That in his opinion the subject property should be zoned C- 2. Councilman Butterworth: That commercial zoning under the stated I conditions should be given serious thought; that the intensity of traffic and noise would make it economically impossible to maintain the property as R-3 and unless it were zoned commercial the land would become sterile and inflict a financial hardship and burden upon the owners; that he favored C-2 zoning. Councilman Balser: That some of the property owners to the west of the subject property had objected to commercial zoning at the hearing as tending to devaluate their property; that they specifically objected to small shops; that at that time 'it was suggested that the area be developed as a unit with a Zone D overlay and that if it could be so developed, with a planting area of approximately ten feet, he would favor the rezoning. City Attorney: That if the Council desires to grant commercial relief and still maintain a continuing control of the actual development of the property itself, then the most effective way would be to place it within Zone D along with the commercial zoning. That this would require proceedings to place it in Zone D. That the City's ordinance provides that concurrent with the placing of property in Zone D continuing regu- lations are by resolution eStablished that apply under that zone. That at the time the Planning Commission has a hearing on Zone D it recommends the conditions and at the time the Council places it in Zone D it adopts those regulations. In answer to Councilman Butterworth's query as to procedure to follow to accomplish this, the City Attorney replied that the Councilor the Planning Commission has the authority to institute proceedings on its own motion to change a zone. That if a majority of the Council feels that basically the property will not develop under Zone R-3 and some commercial zoning should be imposed on the property and appropriate conditions applied so that its ultimate development will be somewhat controlled, it would be in order to indicate merely by motion Council's feeling that commercial zoning is indicated but only if controlled, and then request the Planning Commission to institute proceedings for the purpose of considering and making recommendations concerning the placing of the subject property in Zone D concurrent with its being placed in Zone C-2 and to recommend appropriate conditions to be included with Zone D. I Mayor Phillips inquired of the City Attorney if it would be possible to grant a variance including conditions without the matter having to go back to the Planning Commission for hearings. The City Attorney replied that this has been done; that the Council may, in granting a variance, impose substantially the same conditions as would be imposed if the property were placed in Zone D, but that he would not recommend the granting of a variance in lieu of a zone change due to the problems that could evolve, particularly in view of the fact that no plot plan has been developed or submitted, and a variance normally expires in six months if not used. 2. 5-7-63 15:5980 In answer to Councilman Reibold's question as to whether there is any reason legally that the matter must go to hearing in order to make it C-2 with a D overlay, the City Attorney replied that procedurally it requires a hearing to place it in such zone. City Manager: That one of the prime requisites would be the dedicating of land for the widening of Duarte Road and for some type of barrier along the west and north sides of the subject property. I Councilman Turner MOVED that the Council grant C-2 zoning 'for the subject property with the provision that proper street widening dedication be made prior to development; that it be a unified develop- ment; that planting be provided along the northerly and westerly lines as a buffer to the residential areas. Councilman Reibold seconded the motion. Upon being asked if the suggested type of zoning would be satisfactory to the applicants, Mr. Sheppard replied in the affirmative. City Manager: That some definitive information was necessary as to the regulations contained in a D overlay to enable the Building In~pection Department to interpret the plans when submitted, such as the type of planting desired, the width of such area, the setbacks from the sides and rear of the property, etc. and the Planning Technician commented that under C-2 ~oning the developers could build to the property line on the west. ' City Attorney: That administratively it would be better to place the property in Zone C-2 and D with Council's appropriate recommended regulations than to try to impose conditional zoning as mentioned. Councilman Turner then AMENDED ~ MOTION to include the D overlay and that necessary compatible street lighting be accomplished at the time of the widening of Duarte Road. Councilman Reibold suggested that the motion bp. restated. Councilman Butterworth stated that in his opinion the Council would not want anything so indefinite and ambiguous that the staff could not interpret it; that he did not believe it was indicated that the matter be referred back to the Planning Commission; that perhaps the matter of the D overlay should be referred to staff for consideration and report to the Council at the next Council meeting. The City Attorney advised that Council's final action will be embodied in an ordinance and resolution and that such documents will contain an indication of Council's' intent and will be submitted to the Council prior to the next Council meeting; I Councilman Turner WITHDREW HIS MOTION and MOVED that the Council grant the zoning of C-2 with a..D overlay. Councilman Reibold stated that he would second the motion with the understanding that the staff will incorporate all considerations in the ordinance to be presented. Mayor Phillips suggested that the staff confer with the attorney for the applicants. Councilman Balser: That he would support the motion and would request the staff to consider a ten foot buffer strip along the west side with a concrete block wall similar to the one required on La Cadena Avenue. Mayor Phillips: That he would support the motion. 3. 5-7-63 HEARING (Briggs) (P:Lot Splits) TRACT NO. 28273 (Tentative) (F:977) 15:5981 Mayor Phillips then requested a roll call on the motion made to approve C-2 zoning subject to a D overlay, the D overlay to be worked out by staff and applicants during the next two weeks, and the following roll call was taken: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Mayor Phillips declared the hearing open on the appeal of R. D. Briggs from Planning Commission recommendation for denial of request for lot split at 139 Orange Grove Avenue, and inquired if anyone desired . to speak to the, matter, adding that two communications had been receive from Mr. F. W. Griesinger. Mr. F. W. Griesinger addressed the Council, stating that he represented Mr. Briggs, a prospective buyer; that the subject property is located at the northeast corner of Orange Grove and Rodeo Road, and is approximately 165 x 311 feet; that the applicant desires to create two lots on the northerly portion of approximately 100 x 165 feet or 16,500 square feet. That the property remaining will have approximately 18,500 square feet in area or 112 x 165 feet; that the present residence has a setback from Orange Grove Avenue of 53.4 feet and 30 feet from Rodeo Road; that there are two driveways serving the present residence, one a circular driveway on Orange Grove and another a straight driveway into the garage from Rodeo Road; that it is proposed to turn the present garage around so that the present driveway can be retained and allow ingress and egress from Rodeo Road instead of the busier Orange Grove Avenue. No one else desiring to be heard Councilman Reibold MOVED that the hear- ing be closed. Councilman Balser seconded the motion which was carried unanimously. General discussion ensued and it being the consensus of the Council that the requested lot split would result in an orderly development, Councilman Reibold MOVED that the Council grant the request of R. D. Briggs for a lot split at 139 Orange Grove Avenue. Councilman Turner seconded the motion which was carried unanimously. Located between Christina Street on the north and LeRoy Avenue on the south - six lots on a cuI de sac street on the east side of Santa Anita Avenue. MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried unanimously that the Council approve the tentative map of Tract No. 28273 subject to the following conditions: 1. Install all standard street improvements required by the SUbdiViSiOI ordinance. Improvements, grades and drainage shall be to the satisfaction of the Director of Public Works. No opening will be permitted in the center median of Santa Anita Avenue. 2. Provide all easements required for rear line utilities. Delineate easements on the final map. 3. Remove all trees and structures from' the street right of way. 4. 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. 5. Reduce the radius of the cul de sac from 45 feet to 40 feet. 4. 5-7-63 I TRACT NO. 28312 (Te~tative) (F:9?8) I 15:5982 6. Fees and deposits required: Street light installation Street sign installation Street tree installation Recreation fee 6 @ $25.00 $230.00 70.00 93.50 l50~00 Total $543.50 7. Indicate on the title sheet and note on the final map that' ,the vehicular access rights to Santa Anita Avenue, except at the street intersection is dedicated to the City of Arcadia. (This condition is to prevent curb cuts for the two lots facing Santa Anita Avenue on to Santa Anita Avenue). 8. All lots shall have no, less than 7500 square feet of area. 9. Prior to the recordation of the final map a plan showing the size, shape and location of the houses on these newly created lots shall be'submitted for approval by the Planning Commission. 10. The front, setback line on Santa Anita Avenue for the two lots facing Santa Anita Avenue shall be 25 feet. 11. A covenant in a form approved by the City Attorney shall be recorded ~greeing that for the purposes of Article IX of the Arcadia Municipal Code the exterior boundary line of said tract shal~ constitute the rear lot lines of Lots 3 and 4. Mr. Oliver Karr, 1120 South Santa Anita Avenue, addressed the Council and stated in part that he opposed the subdivision d~e to the difference in the setback requirements of the subject tract and the rest of the block. Councilman Balser explained that the Planning Commission had taken this factor into consideration and had made it a condition of approval that the houses on lots 1 and 6 face Santa Anita Avenue. It was also stated that Mr. Karr's property has three houses on it and would not likely become a part of any subdivision in the near future. Located on the south side of Longden Avenue between Baldwin and Holly , Avenues. MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously t~at the Council approve tentative map of Tract No. 28312 subject to the following conditions: 1. 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. A grading plan approved by the'Director of Public Works shall be submitted prior to approval of final map. 2. Provide all easements required for rear line utilities. These easements shall be delineated-on the final map. 3. Remove all trees and structures from the street right of way. 4. 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. 5. Prior to recordation of the final map' a p'lan showing the size, shape, and location of the houses on these new lots shall be submitted for approval by the Planning Commission. 5. 5-7-63 ZONE CHANGE (Clark Street) (F: 979) PRELIMINARY BUDGET (1963-64) (F:Budget) 15:5983 6. Fees and deposits required: Street light installation Street sign installation Street tree install~tion Recreation fee - 6 @ $25.00 $230.00 70.00 76.50 150.00 Total $526.50 7. A covenant in 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 line of said tract shall constitute the rear lot lines of lots 3 and 4. I Planning Commission Resolution No. 476 recommending a change of zone from R-l to M-l and D on property located on the south side of Clark Street east of Durfee Road. Said matter requiring a public hearing, Councilman Butterworth MOVED that the hearing be scheduled for May 21, 1963 at 8:00 P.M. Councilman Reibold seconded the motion which was carried unanimously. The City Manager submitted to the Council a preliminary budget estimate of the revenues and expenditures of the various funds of the City for the fiscal period beginning July 1, 1963 and ending June 30, 1964, together with accompanying data showing the actual expenditures for the fiscal year 1961-62 and the actual expenditures for the first nine months of the 1962-63 fiscal year. He stated that the budget contains also his recommendation that for the 12th consecutive year the $1.10 City tax rate continue. Councilman Butterworth MOVED that the Council accept the above mentioned preliminary budget. Councilman Balser seconded the motion which was carried unanimously. Mayor Phillips commented that the dates of May 14, 20 and 23, 1963 have been selected for work sessions on the preliminary budget and that this meeting will be adjourned to those dates. CAMINO REAL WATER The City Manager advised that a petition dated April 24, 1963 had been PLANT WALL received with the signatures of residents of 110, 157, 163 and 186 East (Complaint) Camino Real and 1531 S. Second Avenue, objecting to the wall, topped with barbed wire, at the Camino Real Water Plant, and requesting some other solution to the problem of discouraging trespassing. (A:Comp. ) The City Manager further advised that the Water Department policy on care of lands and facilities is to present as neat, well kept and I attractive appearance as far as the facility permits; that public utilities, municipally or privately owned, protect their equipment by enclosing their grounds with fencing or walls provided with barbed wire around the top to prevent illegal entry; that water facilities must be protected against contamination for health reasons, to maintain domestic water supply arid fire protection, and the general public must be protected from possible injury because of the high voltage electrical and mechanical equipment, deep wells and deep water in the reservoir. That the Camino Real plant at 141 East Camino Real was formerly surrounded by a six foot chain link fence topped by three strands of barbe~ wire, and that said facilities were shielded from the street by planting which became diseased. That prior to the completion of the drawings and specifications the adjacent property owners were contacted by the Water 6. 5-7-63 I I LOT SPLIT (Brown) (P:Lot ,.,.. ",,: 15:5984 Department as to color preference and that the residents of 137 and 145 East Camino Real, 140 East Pamela Road and 1515 Greenfield Avenue agreed that a pink block wall would be agreeable. That subsequent to the erection of the wall and the placing of the barbed wire complaints were received from Mr. William,D. Kaplan, 186 East Camino Real and Mrs. Carr, 163 E. Camino Real (two of the petitioners), as to the appearance of the wall, and the position of the City in protecting its facilities and the public was explained to them. That to his knowledge and experience the majority of power plants, such as the Edison Company and water companies use barbed wire on top of fences or walls to protect their facilities and that aside from constructing extremely high walls or enclosing 'the entire facility within a building, the subject method seems to be the most effective deterrent to trespassers, In the discussion that ensued, landscaping was suggested, such as Carolina Cherry which would soon cover the wall and shield it from view, and it was the consensus of the Council that this would probably resolve the problem. Mr. Wm, D. Kaplan, 186 East Camino Real, addressed the Council and reiterated his objection to the barbed wire on a residential street; adding that this would detract from the value of his, property. That the suggested landscaping, however, would be satisfactory. Mr. L. Carr, 163 East Camino Real also addressed the Council, stating in part that he was placing his property on the market for sale because, in his opinion, the wall has deteriorated property values in the subject area. He also commented on the fact that trees had been removed from his atreet and that 90 foot poles had been"installed. It was explained that the trees that were removed were diseased Acacia trees that had been removed from many parts of the City; and that it was very costly to place utility poles underground. Mayor Phillips then assured the petitioners that landscaping would soon shield the wall from view. The City Manager read a report dated May 7, 1963 reviewing the application of Mr, Pat B. Brown, 102 East Longden Avenue for a lot split; that the report stated in substance that the Planning Commission disapproved the S lits)split as submitted, which would have created a lot 60 x 150 feet but p approved the split provided the new lot be 60 x 300 ,feet; that this decision was subsequently appealed to the Council; that the Council continued the matter at the request of staff inasmuch as the Planning Commission was considering a lot split in the same area which could affect the decision of the Council in the Brown appeal. That the Planning Commission considered and denied the application of Parks Investment Company to split a lot at 2215 Lee Avenue, such denial being appealed to the Council and oy~rr~le~, the Council approving the lot split, That the Brown application was thereafter considered'by the Council and taken under advisement until future subdivision ,plans were submitted; that the Planning Commission reviewed ,the map proposing the extension of Greenfield Avenue to develop the rear portions of ' the 300 foot deep lots on Longden Avenue, Mr, Brown's property being one of the properties included in this tentative map, and the Planning Commission denied the tentative map. , The Planning Technician advised that it would be the Planning Department that this lot split,be approved, Parks Investment Company's lot split was approved 'it recommendation of the 'adding that when the precluded the 7. 5-7-63 CERTIFICATE OF OCCUPANCY (Cuellar) (F:899) SIGN (Duffy - Moratorium Area) (F:899) 15:5985 possibility of opening Greenfield Avenue onto Lee Avenue. That there is a possibility that an extension of Greenfield Avenue to culminate in a double cuI de sac could use up the rear portions of five of the lots and also include a portion of the rear of the property that is being left. He pointed to a map indicating his references and added that if such a cuI de sac were developed the rear portion of applicant's property could be developed. After discussion Councilman Turner MOVED that the recommendation of the Planning Commission be disapproved and that the application of Mr. Pat B. Brown for a lot split at 102 East Longden Avenue be approved. Mr. Pat B. Brown addressed the Council and reviewed the events leading to I his request for a lot split and subsequent events. Councilman Balser commented that he believed one of the basic reasons for the Planning Commission's denial of the subject lot split was the desire to have Greenfield Avenue open onto Longden Avenue; that the subject lot split would make this more difficult; that he felt this should be accomplished due to the extreme depth of Greenfield Avenue. It was stated that the residents of Greenfield Avenue had expressed themselves as being opposed to the street being cut through. Councilman Reibold then seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Reibold, Turner, Phillips NOES: Councilmen Balser, Butterworth ABSENT: None Request of Joseph M. Cuellar to lease property at 149 East Huntington Drive to be used as a beauty parlor for a term of five years, said property having formerly been used as a liquor store. It being the consensus of the Council that the proposed use conforms to the criteria and uses proposed for such property in the preliminary report on the Central Area Plan, Councilman Balser ~ that the Council approve said plan as to the subject property for which application is made and approve the issuance of a certificate of occupancy to the applicant, Joseph M. Cuellar, on the basis that it conforms to the basic criteria for that area. Councilman Turner seconded the motion which was carried unanimously. The City Manager read a report dated May 6,1963 from the Planning Department, said report advising that the Wyper Sign and Neon Company" acting agent for Mr. Girven Duffy, new owner of property at 151 East Huntington Drive, has requested permission to install a new illuminated sign approximately 5 x 16 feet; that in the opinion of the Planning Department the use which this I sign ptoposes to advertise is neither desirable nor compatible with the character and quality of development as envisioned and recommended by the City's planning consultants and that the Planning Department recommends that this and all similar requests be denied until such time as the consultants' plan has been approved and a suitable sign ordinance adopted. ' That the Planning Department recommends, however, that the new owner be permitted to alter but not enlarge the existing sign to suit his requirements. MOTION by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that the Council accept the recommendations of the Planning Department as contained in its report of May 6,1963. 8. 5-7-63 BUILDING PERMIT (Milliken - Moratorium Area) , , (E':899) I M..W.D. ANNEXATION (E':485) LtBRAR Y (Modifir cation) (I;' :~72) HELISTOP (Report on Use) (E':905) I STREET LIGHTING, (Huntington - Santa Anita to Michillinda) (F: 980) 15:5986 The City ~nager advised that plans have been received from the D. B. Milliken Company, 131 North Fifth Avenue, together with a request for approval of a building and occupancy permit. He added that the plans propose a two story addition to the present facilities for occupancy by their engineering and scientific department; that said company is classified as research and development arid the property is in the area recommended for research and development in the preliminary central area plans. That it is recommended that this portion of the central area plan be approved and the issuance of a building permit authorized. Councilman Butterworth MOVED that the Council accept the recommendation of the City Manager and approve the central area plan as to the subject property for which application is made and approve the issuance of a building and occupancy permit to the D. B. Milliken Company. Councilman Reibold seconded the motion which was carried unanimously. MOTION by Councilman Reibold, seconded by Councilman Turner and carried unanimously that the copy of a communication from the Mayor of Monrovia to the Board of Directors of Metropolitan Water District regarding annexation to the Metropolitan Water District under the "Historical Formula" be received and filed. MOTION by Councilman Balser, seconded by Councilman,Reibold and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and authorize the construction of a connecting combination drive and walkway between the west parking lot and the patio entrance off the Art and Lecture room and that the sum of $2,000 be appropriated and transferred from Reserve for Capital Projects Account No. 285 in the General Fund to C~pital Projects Account No. 506: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ' ABSENT: None Mayor Phillips ordered received and filed the report submitted by the City Manager on the use of the Helistop, said report containing in substance information to the effect that his request to the Police Department to log the requests for landing clearance was issued on October 18, 1962; that the record to April 19, 1963 reveals a total of 21, clearances were given to holders of Arcadia permits to land at the Helistop; and that there were two additional landings made by representatives of the Federal Aviation Authority for which clearance was not requested. The City Manager read a report dated April 29,,1963 from the Director of Public Works recommending that the Council authorize the Department of Public Works to proceed with the installation of street lights on Huntington Drive,' between Santa Anita and Michi1linda Avenues, and the appropriation \ from Capital Projects Funds of $4,370 for the installation of steel poles. Said report advised in substance that the Department of Public Works has developed a plan whereby Huntington Drive can be satisfactorily illuminated by using existing wood poles and installing steel poles where necessary, with the use of 20,000 Mercury Vapor lamps spaced from 100 to 150 feet apart, both side~ of the street with the exception of the Civic Center and hospital island where poles will be on on~ side of the street only. That the estimated capital cost for installing 38 poles is $4,370, operation and maintenance charges, based on existing practice of 60% assessed to the property owner and 40% to the City, approximately $6500 per yeat chargeable against General Fund, the City to pay mainte- nance charges for the reach of Huntington Drive adjacent to the County Park. 9. 5-7-63 COMPLETION OF WORK (Atlas Crane) (F:703) COMPLETION OF WORK (Johnson) (F: 968) COMPLETION OF WORK (Warren- Southwest) (F: 970) TRACT NO. 22199 (Final) (F :906) TRACT NO. 22335 (Final) (F:914) 15:5987 After discussing the subject matter, lights in the center island being mentioned, and Council determining that a further breakdown of costs involved and other pertinent information is necessary, Mayor Phillips ordered the matter referred back to staff for further report. MOTION by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the Council approve the recommendation of the City Manager and the Director of Public Works and accept the work of Atlas Crane & Rigging Company, contractors, for the demolition of the old library building as satisfactorily completed and authorize final payment to be made in accordance with the contract with said firm for the above specified work; and the bond released after the expiration of the required 35 days: I AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None MOTION by Councilman Turner, seconded by Councilman Reibold and carried on roll call vote as follows that the Council approve the recommendation of the City Manager and the Director of Public'Works and accept the work of Johnson Tree Service, contractors for the removal of trees from the streets of Arcadia in 1963, as satisfactorily completed and authorize final payment to be made in accordance with the contract with said firm for the above specified work; and the bond released after the expiration of the required 35 days: !, AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None 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 the Director of Public Works and accept the work of Warren-Southwest, Inc.,contractors, for the resurfacing program of major City streets under the 1962-63 Gas Tax Project, as satisfactorily completed' , and authorize final payment to be made in accordance with the contract ' with said firm for the above specified work; and the bond released after the expiration of the required 35 days: ' \' AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None " ,. MOTION by Councilman Balser, seconded by Councilman Butterworth 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 I accept the improvements in Tract No. 22199 (A~tern Street, located east of First Avenue between Magna Vista and Camino Real) for maintenance and the surety bond deposited by the subdivider be released. . MOTION by Councilman Turner, seconded by Councilman Balser 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. 22335 (Flamingo Way, located east of Sixth Avenue between Live Oak and Longden Avenues) for maintenance and the surety bond deposited by the subdivider be released. . 10. 5-7-63 REPORT O~ ORDINANCE NOS. 1176 and ll76"A (Cut and Fill) I , WAB&PA { (Art Festival) ... (A:PR) -' , , , " J ',. ...< ARABIAN HORSE SHOW ., (A:PR) " MORATORIUM (417 East Calij:ornia) '. \ (F:899) , ., I MORATORIUM , (First and St. Joseph) (F:899) \ 15:5988 The Director of Public Works explained 'the purpose for the preparation of Ordinance Nos. 1176 and l176-A, in substance to control erosion and to protect cut and filled slopes of the hillside area subdivisions. That Ordinance No. 1176 covers the erosion problem in that it makes , provisions for certain types of planting and sprinklers and the maintenance thereof to prevent erosion. That Ordinance No. l176-A amends the Building Code requiring plans and specifications to be submitted, including a complete grading plan of the building site and method to be approved by the Building Official for disposing of all surface water flowing upon or emana~ing from the lot. At the invitation of the City Manager Fire Marshal Robert Dick explained Ordinance No. 1205 and 1206 regarding proposed amendments to the Arcadia Municipal Code covering Fire Zone No.4, said ordinances to be presented by the City Attorney later in the meeting. . Colored slides were displayed of the hillside areas and recommended brush control and the planting of fire retardent ~hrubbery in the hazardous fire areas. The Fire Marshal explained that the property owners would be contacted and the proposed enforcement explained. That the Fire,Department proposed to work closely with the Department of, Public Works. MOTION by Councilman Reibold, ,seconded by Councilman Balser and carried unanimously that the Council grant permiss~on to the West Arcadia Business and Professional Association to hold its 10~h Annual Mid-Valley Art Festival under the auspices of the Mid-Valley Art League on May 9, 10 and 11, on the east and west sides of Baldwin Avenue between Duarte Road and Naomi Street. MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the Council grant permission to the Arabian Horse Association to hold its annual "All Arabian Ilorse Show" at Santa An~ta Park on May 25 and 26, 1963, subject to the ~pproval of the display signs and their' locations by the Director of Public Works, it being understood that the proceeds are to be donated to the Children's Hospital of Los Angeles. MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the request of Norman Peters' for a building permit for construction at 417 East California Street be approved subject to the approval of the plans by the Planning Department and Building Inspection Department. Request of Peer B. Clausen & Son for permission to install an aluminum canopy on the west wall and an aluminum structural panel marquee on the south wall over the door and window of the corner office located in a recently completed building at the corner of First Avenue and St. Joseph Street. ' After discussion, Councilman Butterworth MOVED that the matter be referred to staff. Councilman Reibold seconded the motion which was carried unanimously. LIBRARY Mayor Phillips ordered received and filed the communication dated April (Communications)26, 1963 from the Library Board regarding rec~mmendations pertaining to the establishment of a restricted shelf for certain books within the (F:~B) public library. .' '. 11. 5-7 -63 CALL FOR BIDS (Legal Notices) (F: 181) COUNTY BOUNDARY COMMISSION ORDINANCE NO. 1201 (Adopted) ORDINANCE NO. 1176 (Introduced) ORDINANCE NO. 1176-A (Introduced) 15:5989 MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that the City Clerk be authorized to advertise for bids for the publication of all legal notices for 1963-64 fiscal year, bids to be returned June 3, 1963 at 11:00 A.M. and referred to the Council at its regular meeting of June 4,1963. Mayor Phillips ordered filed the notice from the County Boundary Commission that the City of South El Monte has filed Annexation Proposal No. 40 as it has no effect on Arcadia. The City Attorney presented for the second time, explained the content I and read the title of Ordinance, No. 1201, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9122.5 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1201 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Butterworth further MOVED that Ordinance No. 1201 be adopted. Motion seconded by Councilman R~d and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1176, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO SECTIONS 8656 THROUGH 8658 CONCERNING PROTECTION OF CUT AND FILLED SLOPES." MOTION by Councilman Balser, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1176 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Balser further MOVED that Ordinance No. 1176 be introduced. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: I AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1176-A, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO THE ARCADIA MUNICIPAL CODE A NEW SECTION 8130.3.1 AMENDING SUBSECTION (c) OF SECTION 301 OF THE UNIFORM BUILDING CODE." MOTION by Councilman Balser, seconded by Councilman Turner and roll call vote as follows that the reading of the full body of No. l176-A be waived: carried on Ordinance 12. 5-7-63 I ORDINANCE NO. 1202 (Introduced) (F: 973) I 15:5990 AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Balser further MOVED that Ordinance No. l176-A be introduced. Councilman Turner seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented for the first time Ordinance No. 1202, entitled: "AN ORDINANCE OF THE CIT'):' COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 ,OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9255.l.2~ 9255.1.3 AND 9255.2.9; BY AMENDING SECTIONS 9255.1.1, 9255.1.4,'9255.1.6, 9255.1.7, 9255.1.8, 9255.1.9, 9255.2, 9255.2.1, 9255.2.2, 9255.2.3, 9255.2.5, 9255.2.6, 9255.2.7, 9255.2.8, 9255.2.10, 9292.1 AND 9292.1.5 THEREOF; BY ADDING TO TITLE 1 OF DIVISION 5 OF PART 5 THEREOF A NEW SECTION 9255.1.10; BY ADDING TO TITLE 2 OF DIVISION 5 OF PART 5 THEREOF NEW SECTIONS 9255.2.10.1, 9255.2.10.2, 9255.2.10.3, 9255.2.11, 9255.2.12, 9255.2.13, 9255.2.14, 9255.2.15, 9255.2.16, 9255.2.17 AND 9255.2.18; BYADDING TO DIVISIQN 5 OF PART OF PART 5 THEREOF A NEW TITLE 3 ENTITLED 'PLAN PROCEDURE' CONTAINING SECTIONS 9255.3 THROUGH 9255.3.4; AND BY ADDING TO DIVISION 5 OF PART 7, THEREOF NEW SECTIONS 9275.1.28, 9275.1.29, 9275.1.30 AND 9275.1.31." Discussion ensued on the following sections of the ordinance, said sections differing from, or being an addition to, or not to the complete satisfaction of the Council, said ordinance having been submitted for Council's study and consideration prior to its presen- tation at this meeting: SECTION 9255.2 (an addition) specifying that every room in a dwelling unit, other than a bathroom,' kitchen, dining room iDDDediately adjacent to a kitchen or living room, shall 'be deemed to be'a bedroom whether so designated or not, was satisfactory to the Council. as this was intended to eliminate the possibility of a room being specified as a den ~nd used as a bedroom.' SECTION 9255.2.1 (changed) regarding building height and including that a basement designed or used to provide only required parking space, laundry rooms, storage rooms and other incidental purposes other than living quarters, shall not constitute a story if no portion of the surface of the floor next above such basement .....was satisfactory to the Council. SECTION 9255.2.7 regarding floor area: Considerable discussion held on this section. Councilman Butterworth reiterated his opinion, expressed at the Council meeting of April 25,1963, that more square footage than was necessary was specified for a one bedroom apartment and that the differential between a one and a two bedroom apartment was such that the one bedroom apartment would not be readily rentable. Councilmen Balser, Butterworth, Reibold and Phillips agreed to a compromise (suggested by Councilman'Reibold) of 800 square feet for a ,one bedroom apartment, 1000 square feet for a two bedroom apartment and 1200 square feet for a three bedroom apartment. It was also agreed that the line in said section stating that no one bedroom apartment shall contain less than 600 square feet be deleted. ' SECTION 9255.2.10 regarding the addition of cODDDunity driveways was satisfactory to the Council. 13. 5-7-63 ORDINANCE NO. 1203 (Emergency - Adopted) ORDINANCE No. 1204 (Held Over) ORDINANCE NO. 1205 (Introduced) 15:5991 Councilman Butterworth MOVED that Ordinance No. 1202 as presented be amended by amending sections 9255.2, 9255.2.1, 9255.2.7 and 9255.2.10 as recommended by the staff. Councilman Reibold seconded the motion which was carried unanimously. Councilman Butterworth further MOVED that the full reading of Ordinance No. 1202 as thus amended be waived. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ~m:~ I Councilman Reibold MOVED that Ordinance No. 1202 as thus amended be introduced. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: Councilman Turner ABSENT: None Councilman'Turner read the fol~owing statement: "As a matter of record I want to state that I do not now have, nor do I contemplate any future, vested or other interest, in any apartment house or apartment house project now constructed or to be constructed in the City of Arcadia. "The only exception to this might be that we may choose to reside in an apartment when forced to leave our present home by the forthcoming Foothill Freeway." The City Attorney presented and read in its entirety Ordinance No. 1203 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RESTRICTING THE ISSUANCE OF PERMITS FOR, AND THE FILIIlIG,; WITH OR ACCEPTANCE BY THE CITY OF ARCADIA FOR PLAN CHECKING OF PLANS FOR ANY BUILDING PROPOSED TO BE CONSTRUCTED IN ZONE R-3 IN THE CITY OR FOR ANY DWELLING UNIT OR UNITS IN ANY ZONE LESS RESTRICTIVE THAN ZONE R-3 AND REPEALING ORDINANCE NO. 1200." Councilman Reibold declaring Ordinance No. 1203 to be an emergency ordinance necessary for preserving the public peace, health and safety, and that it will take effect immediately upon its adoption, MOVED that the Council adopt Ordinance No. 1203. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None ,~ I Councilman Turner requested the staff to keep a record of action of Modification Committee setting forth the changes in order to make compromises with the new R-3 regulations. Presentation of Ordinance No. 1204 was ordered held over. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1205, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 3122 THEREOF, BY ADDING TO PART 2 OF CHAPTER 1 OF ARTICLE III THEREOF A NEW SECTION 3121.4, AND BY ADDING TO PART 3 OF CHAPTER 1 OF ARTICLE VIII THEREOF A NEW SECTION 8130.19 ADDING A NEW SECTION 1605 TO CHAPTER 16 OF THE UNIFORM BUILDING CODE." 14. 5-7-63 I ORDINANCE , .,NO. : 1206 (Introduced) RESOLUTION NO. 3586 I RESOLUTION NO. 3587 15:5992 MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried on roll call vote as follows t~at the read~ng of the full body of Ordinance No. 1205 be waived: ' AYES: Councilmen Bal~er, Butterworth, Reiboldr T~rner, Phillips NOES: None 'ABSENT: None Councilman Reibold further MOVED that Ordinance No. 1205 be introduced. MOtion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. l206"e'1titled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCAD;rA, C~IFORNIA, ADDING TO PART 4 OF CHAPTER 1 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE NEW SECTIONS 3142.2 THROUGH 3142.5, 3142.5.1, 3142.6 THROUGH 3142.9, 3143, 3143.1, 3144 THROUGH 3144.2, 3145 THROUGH 3145.2 AND 3146 THROUGH 3146.2." MOTION by Councilman Turner, seconded by Councilman Balser and carried on ro~l call vote as follows that the reading of the full body of Ordinance No. 1206 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Reibold MOVED that Ordinance No. 1206 be introduced. Motion seconded by Councilman Balser and carried on'roll call vote as follows: AYES: Councilmen Balser, Butterworth, ~eibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3586, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, URGING CONGRESS TO PASS AND ADOPT HOUSE JOINT RESOLUTION 153 RESPECTING THE OBSERVANCE OF NATIONAL FLAG WEEK." MOTION by Councilman Butterworth, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3586 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Butterworth further MOVED that Resolution No. 3586 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3587, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING THE APPLICATION FOR CHANGE OF ZONE FROM ZONE R-2 TO ZONE C-2 AND D (ARCHITECTURAL OVERLAY) OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF DUARTE ROAD AND FIFTH AVENUE IN SAID CITY." 15. 5-7-63 RESOLUTION NOS. 3588, 3589, 3590 RESOLUTION NO. 3591 RESOLUTION NO. 3592 15:5993 MOTION by Councilman Balser, seconded by Mayor Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3587 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Butterworth MOVED that Resolution No. 3587 be adopted. Motion seconded by Mayor Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Phillips NOES: Councilmen Reibold, Turner ABSENT: None I Resolution Nos. 3588, 3589 and 3590 were ordered held over. The City Attorney presented, explained the content and read the title of Resolution No. 3591, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, COMMENDING THE SOUTHERN CALIFORNIA CLEAN-UP, PAINT-UP, FIX-UP COMMITTEE FOR THEIR BFFORTS.'~ MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3591 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None Councilman Reibold further ~ that Resolution No. 3591 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3592, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS BALDWIN AVENUE." MOTION by Councilman Butterworth, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3592 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None I Councilman Balser MOVED that Resolution No. 3592 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Turner, Phillips NOES: None ABSENT: None AUDIENCE PARTICIPATION: No one in the audience desired to address the Council. 16. 5-7-63 ',' 15:5994 MATTERS FROM THE CITY OFFICIALS: Mayor Phillips reminded the Council that there would be a dinner meeting of Independent Cities of Los Angeles County at the Rodger Young Auditorium on May 15, 1963 at 6:30 P.M. ADJOURNMENT: I At 11:25 P.M. Councilman Butterworth ~ that the meeting adjourn to May 14, 1963 at 7:00 P.M. in the Conference Room. Councilman Balser seconded the motion which was carried unanimously. ::.' f~~rlS'J(YJd~ ", Mayor Phillips ~ ATTEST: , ~/J' _,',' S J l,.~ ,~~/?kJ //U A/XLl:;X J, City' Clerk ' I 17. 5-7-63