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HomeMy WebLinkAboutOCTOBER 1,1963 I .:1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES LIBRARY (A:Lib) 15:6102 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING OCTOBER 1, 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., October 1, 1963. The invocation was offered by Councilman Balser. Mayor Phillips led in the Pledge of Allegiance. PRESENT: Councilmen Balser, Butterworth, Turner and Phillips. ABSENT: Councilman Reibold. MOTION by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that the Minutes of the Regular Meeting of September 17, 1963 be approved. Prior to the consideration of the agenda items, Mayor Phillips made the following statement: HIn mid summer the Council received a communication from the Library Board of Trustees relative to their conclusions on the suggestions of the City Council pertaining to certain questions under consideration on a book on the library shelves, namely, "The La"t -Temptation of Christ". At that time, there being only three Council members present, consider- ation of this communication from the Library Board of Trustees was tabled pending a full Council attendance. It is presumed that there will be five members of the City Council in attendance at the regular meeting of October 15th at which time the Council will consider its disposition of the commun- ication. For the past year both the Library Board of Trustees and the City Council have held numerous public hearings on the book, "The Last Temptation of Christ", and many people have appeared before the Council. The Council does not feel that any more testimony need be taken in this particular matter and will make its decision upon the evidence already heard. Three meetings ago Councilman Reibold distributed to the Council for their personal information proposals for a suggested change in the City Charter relative to the operation of the Library Board of Trustees. Mr. Reibold has further indicated that he would like this to be considered at the first opportunity that there is a full Council in attendance. Again, this appears to be the regular meeting of October 15th. At that time the Chair will recognize Mr. Reibold in the event he wishes to present formally any of his proposals. If Mr. Reibold puts before this Council a proposal to amend the Charter, then it will be the intent of the Chair to open the matter for general public discussion. It is the wish of the Council that this discuss- ion be limited if possible to one hour. The Chair will limit discussion for a Charter change to thirty minutes with equal time to those in opposition to a proposed Charter change. The Chair will also restrict arguments to the Charter change and will rule out of order any discussion of the previous controversy of the book, "The Last Temptation of Christ" Councilman Butterworth then made the following statement: "At its next meeting the City Council will determine whether an amendment to the City Charter shall be submitted to the voters on December 17th next. This proposed charter amendment has the effect of restricting the jurisdic- tion and autonomy of. the Library Board. I deem it app~opDiate, and in the interests of efficiency and economy of time, to advise those who will te~tify at the meeting of the matters of specific interest to me, and upon which I need the counsel and advice of the citizenry. 1. 10-1-63 15:6103 It will not be helpful to me to hear a citizen speak in broad terms against censorship. I have rejected the principle of censorship, as have my colleagues on this Council. The prior action of the-Council on censorship, indeed, speaks for itself. Secondly, it will not help me to hear testimony that the charter should not be amended 'so-as to restrict the authority of the Library Board. I oppose as a privat-e citizen any amendment to the charter that restricts the jurisdiction or autonomy of the Library Board. In my judgment there is sound reason to insulate the Library Board from the cauldron of municipal politics, and I am content with the City Charter as it now stands in the matter of Library administration. I The specific matter before the Council, and the matter of immediate interest to me, is whether the electorate shall have the right to vote on the subject of amending the charter. There are a respectable number of citizens in this community who disagree with the course of action which I and other members of the Council have taken in the library contro- versy. Do not these people have the right by ballot to demonstrate that their opposition in fact represents the will and the thinking of the majority of Arcadia citizens; that the administration of the library under the present provisions of the charter is incompatible with the will of the majority, and that the charter should be amended accordingly? If one believes that the controversy should not be submitted to the vote of the electorate, what are the specific reasons for withholding this matter from the voters? In view of the depth and duration of the contro- versy, does not the City Council, and indirectly the Library Board, now have to justify their prior course of action by seeking ratification at the polls? _ What method, other than the submission of the controversy to the electorate, offers a better hope and promise of bringing the library controversy to a conclusion? Secondly, if one believes that the submission of the controversy to the electorate is right, should the matter be placed on the ballot by the vote of the Council, or should those who disagree with Council action be required to proceed by the method of the initiative? What criteria should the Council follow in requ1r1ng on the one hand that dissenters should proceed by the initiative, or on the other hand submitting community controversies to vote of the people by Council action? These are the matters which are essentially before the Council, and in any event --the-maHers -which will be- ai' i1lllllediate int:-et'est to me at the time of the hearing," Councilman Balser commented that he would withhold any remarks he may wish to make until a later date. I Councilman Turner commented that in his op1n1on the remarks made by both Mayor Phillips and Councilman Butterworth covered the subject very well. 2. 10-1-63 CREATION OF ZONE 'H'. I I 15: 6104 Planning,,,Commission Resolution No,;" 495, 'recommends.the creation .of ,a . , .new, zone, viz ,Zone 'H' - Special Heicght ,Zone' '- 'and"the..esteblishment of -regulations to be applicablet~ properties in- said, zone' such' as lot sizes, yard requirements, ratio -o-f habitab-le""area to -"lot size, and the l~c . ,The City Manager outlined in detail contents of said'resolution and .emphasized that the pending recommendation does-not. apply to any"specific "pr~perty ,within the City; that a hearing will be held before the Planning ""Gomllli"ssion on October,,8th to determine just where"special" district, height ""zones should be applied,;, that the matter before' Council at this time is ..only ,the criteria and.not ,the rec~assification of any 'property into,a special height district; that the Council may desire to consider includ- ,ing a height limit regulation.at this time. ,The"Planning Director, advised that the reconnnendation had received the ,unanimous ,support of the Planning.Commission and called attention'to a "r;eport, which he had, earlier distributed to the Councilmen'. Mayor Phillips then .declared the hearing open and inquired if anyone in ,the audience desired to address Council. No one desiring to be heard "it was MOVED by. Councilman Butterworth, seconded by' Councilman Balser and unanimously carried that the hearing be closed. Councilman Turner expressed concern that the proposed ordinanae- as-.ar-awn" would immediately be inoperative as it relates to many commercial areas. He referred to specific locations in the downtown area and stated in part that due to the varying and shallow lot depths of the area he was of the opinion that two sets of regulations would best serve the purpose - one for residential zones and one specifically designed for commercial zones; that he was not opposed to the proposed ordinance as it applies to residential areas but only to its application to commercial areas. Extensive discussion ensued, including side and front yard requirements as proposed, lot area, parking requirements and height limit provisions. The City Manager recommended the following amendments to the resolution of the Planning,Commission: 1. That the appropriate Section be amended so as to make the Regulations of Title 2 applicable only to buildings in excess of two stories in height, buildings two stories or less to be controlled only by the regulations of the basic zone. MOTION by Councilman Butterworth, seconded by, Councilman Balser and carried unanimously that said recommendation of the City Manager be approved. 2. . That because of known deficiencies of lot area as to properties presently, being considered for Zone 'H' a simplified procedure should be provided for relief from the specific lot area requirements without the necessity of pursuing the lengthy variance procedure and suggested adding a new section to make this possible. MOTION by Councilman Balser, seconded by, Councilman Butterworth and carried unanimously that the recommendation of the City Manager be approved. 3. That a specific reference to parking requirements should be made in the Zone 'H' text, but that the specific requirements be set forth in Division 4 Part 8; that the specific reconnnendations in this regard are still being formulated by the staff and can be added later. MOTION by Councilman Balser, seconded by Mayor Phillips and carried unanimously that the reconnnendation of the City Manager be approved. 3. 10-1-63 MORATORIUM . AREA 15:6105 - -Upon questioning, the City -Manager' pointed'''"ut that the 'H' -Zone as reconnnended-would--impose- no specific -height Hmit->ttion; the only height limit being that resulting from' any- lot. area .-and ratio "f -habitable area requireme~ts. - It. was the consensus that there should be some-- hei'ght limitation, --and. that eight - stories would be an appropriat-e--hei-ght limitation, Councilman Butterworth connnented in part that he-was not in favor .of high rise. apar-tments unless it could be demonstrated--to -him-that families were not moving into the high rise developments which would -place a_burden on the school system. .MOTION by Councilman Balser, seconded by unanimously that a height limit of eight Planning,Commission recommendation. I Mayor Phillips and carried stories be added to the Councilman_Turner reinterated his-previous' statement that- a separate set of regulations was needed for connnercial areas- and MOVE~-that Regulations..under Title.2 -set forth in Resolution No. 495 containing . specifications which must be met before construction can be accomplished under the H Zone be .eliminated, insofar as application of same to all commercial area zones until such time as a more specific and definite criteria can be established for the connnercial zones. MOTION- seconded- by. Councilman Butterworth with the cOllllllent .thato..he. wa.s.. uncertain as to the applicability of Zone H as reconnnended to connnercial zones; that perhaps the Planning Connnission should again review the matter. _Mayor Phillips-and. Councilman Balser were of the opinion that much -__.thought has .been. given -the reconnnendation by the Planning Connnission and.that inasmuch as the.Connnission will be holding hearings on the --regulations that the ordinance could be amended at a later date. Roll call vote was then taken on Councilman Turner's Motion: AYES: NOES: . ABSENT: Councilmen Butterworth, Turner Councilmen Balser, Phillips Councilman_Reibold (TIE VOTE) Councilman Butterworth stated that ~e would support the resolution rather than to. see the reconnnendation defeated because of his misgivings as to its application to connnercial property. Councilman Turner stated that he would withdraw his objections also as it is a desirable ordinance if it is properly implemented and he would not like to see it fail to pass. Councilman Balser then MOVED that the' City Attorney prepare an ordinance incorporating reconnnendations of the Planning Connnission as contained in its Resolution No. 495 with modifications in the respects heretofore I approved by the City Council. Councilman-Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Turner, Phillips _ NOES: None . ABSENT: Councilman Reibold. Planning Connnission reconnnendation that certain areas (designated on a map through colored sections) be deleted from the present moratorium area. The reconnnended action based on the findings of the Connnission that SOme parts of the Central Area Plan are already properly zoned or ina zOne more restrictive than called for by the plan. MOTION by Councilman Balser, seconded by. Councilman Butterworth, and carried unanimously that the recommendation of the Planning Commission be approved. 4. 10-1-63 TRACT NO. 28312 (Final) (F:978) I I 15:6106 Reference was made to a matter currently under consideration - A & A Building Supply Company - located within the moratorium area. The City Attorney submitted a communication to the City Council relating thereto. Same to be reviewed for final determination. Located on the south side of Longden.Avenue between Baldwin and Holly Avenues. Planning.Commission recommend approval of final map subject to specified conditions as follows: 1. Install all standard street improvements required by the subdivisio~ ordinance. Improvements, grades and drainage shall be to the satisfaction of the Director of Public Works. 2. Provide all easements required for rear line utilities. ments shall be delineated on a copy of the final map and be and approved by the utility companies and the Department of prior to recordation. These ease- submitted to Public Works 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 with all City Ordinances, Codes and regulations, and be done to the satisfaction of the Department of Public Works. 5. Fees and deposits.required: Street light installation Street sign installation Street tree installation Final Approval Fee - 6 at $25.00 .Total $246.00 70.00 76.50 150.00 $542.50 6. A covenant in a 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. 7. The dwellings to be constructed on lots 1 and 6 shall be oriented to face on Longden Avenue in compliance with the house location plan approved by the Planning.Commission on September 24, 1963. 8. A covenant in a form approved by the. City Attorney shall be recorded agreeing that future structures shall not be constructed in the 25 foot set back areas between Longden.Avenue and the location of the proposed buildings as shown on the house location plans referred to in Condition No.7. In addition the covenant shall state that no curb cuts shall be made onto Longden Avenue from either Lots 1 or 6. 9. The special setback on Longden Avenue (65 feet from the center line) is modified to 55 feet as shown on the approved house location plans. Mr. Norman Rutherford, representing the builders, addressed Council regarding. Condition No.7; stating that he had noticed other Tracts where the houses faced the new street when they were located on corner lots; that if the houses were permitted to face the new street they could be more readily sold; that he requested to be so permitted. Planning Director stated in part that the Planning Commission displayed concern in the location of the houses; and the Commission had unanimo~~ly recommended that the houses face Longden Avenue. Discussion ensued with the Counci~men supporting the recommendation. MOTION by Councilman Butterworth, seconded by Councilman Balser and carried unanimously that final map. of Tract No. 28312 be approved subject to specified conditions. " 5. 10-1-63 TRACT NO. 28438 (FINAL MAP) (F:979) TRACT NO. 28580 (FINAL . MAP) F:989 15:6107 ,Six lots on a cuI de sac street located west of Holly Avenue, between Longden and Walnut Avenues, on the rear portions of properties known as 416 and 426 West Longden Avenue and 415 and 425 West Walnut Avenue. . Planning Commission recommend approval of final map subject to the following conditions: 1. A six inch water connection into this tract reducing to a four water main beyond a fire hydrant required by the Fire' Department. flushout will be required at the end of the proposed water main. inch A 2. Install all standard street improvements required by the subdivision ordinance. Improvements, grades and drainage shall be to the satisfaction I of the Director of Public Works. 3. Provide all easements required for rear line utilities. These ease- ments shall be delineated on a copy of the final map and approved by the utility companies and the Departmen~ of Public Works prior to recordation. 4. Remove all trees and structures from the street right-of-way. 5. 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. 6. Dedication of street 60 feet wide or 5 feet planting and sidewalk easements. 7. Provide garages for 416 and 426 West Longden Avenue; and 415 and 423 West Walnut. Avenue. 8. Easement for drainage and sewer shall be of size and type approved by the Director of Public Works. 9. Fees and deposits required: Street light installation ,Street sign installation ,Street tree installation Final. Approval Fee Total, . $369 .00 70.00 119.00 150.00 $708.00 10. A covenant in the form, approved by the City Attorney shall be recorded agreeing that for the purposes of Article.IX of the Arcadia Municipal. Code the exterior boundary of said .tract shall constitute the rear lot lines of Lots 3 and 4. 11. Prior to the issuance of a permit to build the guest house shown at 416 West Longden a covenant enforceable by the City. shall be prepared in a form.approved by the City. Attorney stating that the guest house shall not be used for rental purposes.. I MOTION by Councilman Butterworth,.. seconded by Councilman Balser and carrie unanimously that the Council accept the recommendation of the Planning Commission and approve final map of Tract No. 28438 subject to specified conditions. Seven lots located west of Sixth Avenue, north of Leda Lane, on properties presently known as 1133, 1205 and 1207 Six Avenue - in Zone R-l. MOTION by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that the final Tract map of Tract No. 28580 be approved as recommended by the Planning.Commission subject to the following conditions: 6. 10-1-63 I LAND DISPOSAL TREE PLANTING I TRAFFIC WARNING DEVICE PROPERTY UPGRADING 15:6108 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. 2. Provide all easements required for rear line utilities. These easements shall be delineated on a copy of the final map and be submitted to and approved by the utility companies and the Department of Public Works. 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 relocati"ons shall. comply to all City Ordinances, Codes and regulations, and be done to the satisfaction of the Department of Public Works. 5. All water mains, services, valv,es, hydrants, etc., shall be installed to the satisfaction of the Water Department. 6. Fees and deposits required: Street light installation Street sign installation Street tree installation .Final approval fee Total _$246.00 70.00 76.50 175.00 $567.50 7. A covenant in a form approved by the City Attorney shall be recorded agreeing that for the purposes of Article IX of the Arcadia Municipal Code the exterior boundary of said tract shall constitute the rear lot line of Lots 3 and 5. MOTION by Councilman Butterworth, seconded by Councilman Turner and carried on roll call vote as follows that the recommendation of the City Manager be accepted and that the sum of $750 be appropriated for the payment of the cost of an appraisal ~f two parcels of land (Second Avenue and Santa Clara Street). Said amount to be appropriated from .the Council Contingency. Account. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner and Phillips None Councilman Reibold MOTION by Councilman Balser, seconded by Councilman Butterworth and carried on roll call vote as follows that the recommendation of the City Manager be accepted and that the sum of $4900 be appropriated from Capital Improvements Projects Unappropriated Surplus Account No. 290 and transferred to Capital Improvements Projects Account No. 623 Business District Tree Planting-Program - to cover the cost of installing and the purchase of 70 street trees, together with a concrete saw and blade. Communication of the City Manager advising of the traffic warning devices in use on Singing-Wood-Drive received and filed. Communications received from the local Chamber of Commerce and the Busi- ness Association together with a Resolution from the latter concerning property located on the northeast corner of Santa Anita Avenue and Huntington Drive (Sunfair Market) owned by the Arden Farms Company. Property having been noticeably neglected, both associations request Council assistance in relieving the situation. MOTION by Mayor Phillips, seconded by Councilman' unanimously that the staff be instructed to take Turner, and carried appropriate action. 7. 10-1-63 BANNERS COMMUNITY CHEST SIXTIETH ANNIVERSARY CELEBRATION PERSONNEL BOARD ORDINANCE NO. 1222 (Adopted) ORDINANCE NO. 1218 WATER RATE INCREASE (Adopted) 15:6109 MOTION by. Councilman Butterworth, seconded by. Councilman Balser and carried unanimously that the request of the Arcadia Community Chest for permission to display banners during the month of October and November be approved. MOTION by Councilman Balser, seconded by Councilman Turner and carried unanimously that permission be granted the Arcadia Chamber of Commerce to install banners to advertise the forthcoming celebration. Said installations to be under the direction of the Director of Public Works. MOTION by Councilman Turner, seconded by Balser and carried on roll call vote as follows that the recommendation of the Personnel Board be approved and that the firm of Cooperative Personnel Services be retained at a fee I not to exceed $700 for the purpose of conducting a job class study on the City1s clerical services. AYES: Councilmen Butterworth, Balser, Turner, Phillips NOES: None ABSENT: Councilman Reibold The City Attorney presented for the second time,. explained the content and read the title of Ordinance No. 1222, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 3214.1 THEREOF AND ADDING THERETO NEW SECTIONS 3214.2 THROUGH 3214.13, AMENDING AND. AUGMENTING THE UNIFORM TRAFFIC ORDINANCE BY PROHIBITING ALL NIGHT STREET PARKING AND PROVIDING FOR THE ISSUANCE OF TEMPORARY AND ANNUAL ALL NIGHT STREET PARKING PERMITS." MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1222 be waived: AYES: NOES: ABSENT: Councilmen Butterworth, Balser, Turner, Phillips. None Councilman Reibold Councilman Turner further MOVED that Ordinance No. 1222 be adopted. Motion seconded by. Councilman Bals;r-and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Butterwor~.. Balser, Turner, Phillips. None Councilman Reibold On advice of the City Attorney, MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the Minutes of September 17, 1963 be amended to indicate the reintroduction of Ordinance No. 1218 rather than its adoption; as this would permit adherence to the schedule as planned for the increase of water "rates. The City Attorney then presented for.. the second time, explained the content and read the title of Ordinance No. 1218, entitled: "AN ORDINANCE OF THE t CITY COUNCIL OF THE CITY OF ARCADIA, ,CALIFORNIA, AMENDING SECTIONS 7531.1.1 7531.1.3, 7531.2 AND 7531.2.2 OF THE ARCADIA MUNICIPAL CODE WITH RESPECT T WATER RATES." MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows, that the._reading of the body of Ordinance No. 1218 be waived: AYES: NOES: ABSENT: Councilmen Butterworth, Balser, Turner, Phi.U1ps...- None Councilman' 'Reibold MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that Ordinance No. 1218 be adopted. AYES: NOES: ABSENT: Councilmen Butter, Balser, Turner, Phillips None Councilman Reibold 8. 10-1-63 ORDINANCE NO. 1223 (Emergency- Adopted) I JUDICIAL ATTITUDE SURVEY REMOVAL OF OLD EQUIPMENT ETC. I ADJOURNMENT 15: 6110 The City Attorney presented and read in its entirety Ordinance No. 1223 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF ORDINANCE NO. 1198 BY ELIMINATING CERTAIN PORTIONS OF THE AREA SUBJECT TO THE CONSTRUCTION MORATORIUM." MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that Ordinance No. 1223 be adopted. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Phillips None Councilman Reibold The City. Attorney advised that pursuant to the Mayor's request he had discussed a proposed court reorganization with the Chief of Police, City Manager and Judge Sturgeon of this District; that it was the feeling of the City Attorney and the Police Chief that our present system is satisfactory and working well insofar as -it concerns the .city; that neither he nor the Chief recommended the proposed change, but that we could continue to operate satisfactorily if the new change were made. He pointed out that the city staffs' only direct concern was in the field of prosecution and requested the Council's instructions on whether or not to appear at the forthcoming Hearings to be held by the Assembly Judiciary. Committee and if so what position he should take. It was the consensus of the Council that the City should take no stand as it does not directly affect the City sufficiently. Councilman Turner inquired as to the findings in the Attitude Survey recently completed by staff. The City Manager advised that he would soon present a report which would reflect the benefits derived from the survey. Councilman Balser spoke ,0 the matter of the present regulation provid- ing for the demolition and removal of old buildings and suggested that consideration be given for the inclusion of old equipment, supplies and material in addition to the present coverage. Council concurring in the suggestion it was MOVED by Councilman Balser, seconded by. Councilman Butterworth and carried unanimously that the staff pursue the matter further. The City Manager commented to Councilman Balser that the property which has concerned him for so long will soon be cleared. Mayor Phillips reminded the Councilmen of the forthcoming League of California Cities' Conference to be held in San Francisco, California. Councilman Turner inquired if the staff had a report ready on the coverage of the uniformed personnel in lieu of social security benefits. The City Manager advised that the report is not ready for Council presentation. At 10:10 P.M. Mayor Phillips declared the meeting adjourned. . fXl!.. ~ ~ JJtfZI~. Mayor Phillips ATTEST: ,r/J c C-" ~_ _ / CIOac~ ?b?7 /?Z&..~ City Clerk 9. 10-1-63