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HomeMy WebLinkAboutJANUARY 16,1962 I ~~'OO PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (1-2-62) HEARING (Greer) j 71/ D 14:5579 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 16, 1962 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., January 16, 1962. The Invocation was offered by the Rt. Rev. Magr. Gerald M. O'Keefe, Pastor of the Church of the Holy Angels. Mayor Balser led in the pledge of allegiance to the flag. PRESENT : ABSENT : Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser None MOTION by Councilman Phillips, seconded by Councilman Butterworth and carried unanimously that the minutes of the Regular Meeting of January 2, 1962 be approved as submitted in writing. . , Planning Commission Resolution No. 407 recommending the denial of a zone variance for the erection and operation of a gasoline service station at the northwest corner of Duarte Road and Golden West Avenue. The City Clerk read a communication dated January 13, 1962 from Mrs. Maxine Gage, 850 Arcadia Avenue, which stated in substance that she favored the recommendation of the Planning Commission; that she was not aware that the applicants desired the variance for the erection of a service station on their property and would not have signed the petition had she been so aware; that a service station would adversely affect property values in the area. INDEXED Mayor Balser then declared the hearing open on the application of James C. Greer and Ora Reed Greer for a zone variance to permit the erection and operation of a gasoline service station on property at the northwest corner of Duarte Road and Golden West Avenue, and inquired if anyone desired to address the Council in favor of the granting of the requested zone varianceo I Mr. Fred Howser, 49 East Foothill Boulevard, attorney representing the applicants, addressed the Council, stating in part that a misunderstanding had arisen as to the purpose of the requested variance; that although the signers of the application might have assumed that the application was for C-2 or C-3 zone change rather than a zone variance for a service station, it had always been the applicants' intention to place upon their property a Richfield service station; that he was responsible for the wording of the application, which does not mention a service station, but that this was not done for the purpose of misleading anyone. Mr. Howser continued, stating in part that the protestants at the Planning Commission hearing represented only two parcels of property within the 300 foot radius of applicants' property; that the applicants could not see where the area would be adversely affected by the construction of a service station on the subject property and that the protestants would not be able to see the proposed service station from the location of their properties. 1. 1-16-62 rL L' I () j Q 14:5580 Mrs. James C. Greer, 901 West Duarte Road (applicant) addressed the Council and outlined in detail the history of the area from the time it was still in the unincorporated portion of Los Angeles County. She mentioned the small commercial buildings on the south side of Duarte Road across the street from her property which she felt were not a credit to the area; that the rezoning of the area had been before the Planning Commission and the Council many times; that her property had been included in the area proposed to be rezoned by the Council in 1960, which rezoning had been defeated by referendum, Mr. Howser again addressed the Council, suggesting that it view the area and the unattractive appearance of the commercial property across the street from applicants' property, He added in part that the subject j property consists of approximately 140 feet on Duarte Road and 227 feet on Golden West Avenue; that it is proposed to erect the service station approximately 135 feet and to build a residence on the balance of the property, there being filed an application to run concurrent with the 0 subject zone variance for a lot split; that a certain portion of the subject property is proposed to be granted to the City for the future development of Duarte Road; that applicants' home is old and not worthy of repair nor suitable for residential use; that the traffic count on Duarte Road is approximately 11,000 cars per day and on Golden West Avenue approximately 3100 per day. Mr. Howser also commented regarding statements made that there were too many service stations in Arcadia; that on that basis he felt there were too many apartment houses in Arcadia. He stated in part that he had been informed that in the past four years building permits have been issued for 1823 apartment units in the City and that there is presently a vacancy factor of between eighteen aad twenty per cent. That inasmuch as the subject area is zoned R-3 he desired information as to what maximum use the property could be put to if not for a service station. He also mentioned that those protesting the zone variance should specify their reasons, whether they are opposed to commercial zoning per se or only to the subject service station. Mrs. Howard Davis, 634 West Huntington Drive addressed the Council, stating in part that she owned property on the east side of Golden West Avenue factng on Duarte Road; that Duarte Road is not residential west of Baldwin Avenue and that the proposed improvement should be encouraged as well as other business; that inasmuch as there is presently business across the street that both she and the applicants should be permitted the same privilege, and that she approved the zone variance request, Mrs. Itha Myers, 1126 Golden West Avenue, addressed the Council and stated in part that she favored the zone variance; that noise of trucks from the Los Angeles Times agency across the street, which noise continued through- out the night, was disturbing. No one else desiring to speak in favor of the requested zone variance, Mayor Balser stated that the Council would hear those in opposition, I Mr. August J. Goebel, 3935 East Huntington Drive, Pasadena, attorney representing the DAR Industrial Leasing Company (owners of property at 853 Duarte Road, Lot 131, Tract 2731, two lots east with a street between from applicants' property). He stated in part that in reliance upon Council's determination in 1960 that the north side of Duarte remain R-3 his client erected 32 apartment units on the aforesaid property at a total expenditure of approximately $275,000, That earlier in the evening Mrs. Davis, who approved the requested zone variance, had indicated that should it be granted she too would request commercial zoning for her property, Mr. Goebel continued, stating in part that according to the terms of the application the applicants have not shown that there are extraordinary circumstances applying to their request that do not apply to other property in the vicinity, nor that it will not materially be detrimental to the 2, 1-16-62 I }}/ /0 I HEARING (West Arcadia Rezoning) INDEXED 1 ~lO 14:5581 public health or welfare or injurious to property in the vicinity. That the construction of a service station in this vicinity would increase the apartment vacancy factor as admitted by Mr. Howser; that the Planning Commission should be sustained if at all feasible; that there are service stations at Rosemead and Duarte, Baldwin and Duarte and numerous other locations, and placing a service station upon the subject corner will adversely affect the property owned by his client in part due to the increased flow of traffic, noise, fumes, etc. To Councilman Butterworth's question as to whether he (Mr. Goebel) felt it would be economically sound to build an apartment house on the subject corner, across the street from commercial property, Mr. Goebel replied in substance that there are apartments abutting applicants' property on the east; also that it has been economically sound for his client, located only two lots away; however, that the application is for a service station not any other type of building and that this is what his client is opposing. To Councilman Reibold's question as to whether Mr. Goebel's client would oppose any commercial use of the property or specifically a service station, Mr. Goebel again replied that the subject matter is a service station which is being opposed by his client. Councilman Phillips inquired of the Planning Director as to whether a lot split is involved in this matter and the Planning Director, after indicating the subject property on a map, replied that there is no formal request filed for a lot split but the effect would be to grant a lot split if the zone variance is granted; that the property proposed to be utilized by the service station is approximately 147 feet northerly along Golden West with a depth of about 130 feet; that by allowing the zone variance there would be two uses on the same property under the same ownership, part commercial and the other part R-3. Councilman Butterworth then ~ that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Discussion ensued and it was the consensus of the Council that a staff report on the subject matter would be beneficial; that although, as the Planning Director indicated, the staff report would undoubtedly reiterate the recommendation of the Planning Commission that there are no exceptional or extraordinary circumstances applicable to the subject property that will prevent the owners thereof from developing said property for residential uses, said report might contain suggestions as to other uses of the property, or conditions which could be applied that would affect the subject property if the variance is approved. Whereupon Councilman Phillips MOVED that the matter of the application of James G. Greer and Ora Reed Greer for a zone variance to permit the erection and operation of a gasoline service station on property at the northwest corner of Duarte Road and Golden West Avenue be referred back to Staff for a report to the Council. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Planning Commission Resolution No.432 recommending the reclassification, upon certain conditions, of property on Baldwin Avenue and Naomi Avenue from Zones R-l and R-2 to Zones C-3 and D (Architectural Overlay) and C-2 and recommending the disapproval of the proposed reclassification to R-3-R of property on Duarte Road and Lovell Avenue. The City Clerk read a communication dated January 15, 1962 from property owners on the north side of Camino Real, whose properties adjoin those on the south side of Naomi Avenue at the rear line, said communication 3. 1-16-62 14:5582 stating in substance that said property owners approve the recommendations of the Planning Commission as set forth in its Resolution No. 432. (Communication on file in office of the City Clerk). The Planning Director displayed maps of the subject area, upon which the subject properties were outlined in different colors, and explained the recommendations of the Planning Commission, which essentially were that more commercial 'development is required and further development of the Baldwin Avenue-Duarte Road area 'is desirable; that with the present widening of Duarte Road and Baldwin Avenue those streets are able to take care of the increase in traffic which further commercial develop- ment would bring, provided that Naomi Avenue is widened and certain alleys are provided, and that provision for these alleys be made a condition to I the rezoning of the property. That the investment required to develop property to the present R-3-R standards indicates the type of apartment house development not applicable to the area even if the commercial properties in the immediate vicinity are fully developed. He added that in his opinion the buffer against the encroachment of commercial on residential could best be held at the rear property line rather than on the street. Mayor Balser then declared the hearing open on Planning Commission Resolution No. 432 and inquired if anyone desired to address the Council in favor of Planning Commission's recommendations as contained in said Resolution No. 432. Mr. Henry Hege, 651 West Duarte Road, an attorney representing Mrs. Harold D. Neff, 1301 Lovell Avenue, addressed the Council and stated in part that his client favored the C-3 zoning and the denial of the R-3-R zoning on Lovell Avenue. However, that due to the fact that the Planning Commission did not permit discussion of C-3 zoning on the property adjacent to Lovell Avenue, and because, in his opinion, the proper develop- ment of the entire area would be enhanced if this additional property is included in C-3, that he desired the recommendations of the Planning Commission be approved; however, that the recommendation as to R-3-R be disapproved without prejudice and that a public hearing be initiated by the Planning Commission with reference to said lots with the possibility of C-3 zoning subject to similar restrictions to those contained in Ordinance No. 1071. , Mrs. Ellen Miller, 630 Naomi Avenue addressed the Council, stating that she represented ten property owners and that, they all urged the Council to reaffirm the recommendations of the Planning Commission. , Mayor Balser then inquired if anyone desired to address the Council in opposition to the recommendations of the Planning Commission, and the following persons addressed the Council and stated in part: Mr. R. Hatter, 315 Las Flores Avenue: That he had protested the recommen- dations at the Planning Commission hearing on the basis that the subject area was included in the area proposed to be rezoned under Ordinance NO'1 1071 and which met with defeat in the 1960 election. That in his opinio this was the will of the people and that the present proposed rezoning would defeat the intent of the referendum. That if this rezoning is approved, additional adjacent properties will desire rezoning; that commercial zoning would continue to creep, and that he protested and suggested a denial of the entire matter until such time as the proper use and zoning of 'the entire city can be straightened out. Mrs. A. L. Wilson, 626 Naomi Avenue: That her property, which is R-l, faces a parking lot.which',lowers her property value; that the defeat of Ordinance No. 1071 was by a majority of only 217 votes; that some relief should be forthcoming to the property owners of the subject area and that she favored the recommendations of the Planning Commission. 4. 1-16-62 14:5583 Mr. Clarence Skinner, 1229 Lovell Avenue: That the referendum was not a mandate but only about a 5% majority., That commercial zoning is necessary in the area to enable the residents of the City to shop in the City and not find it necessary to go elsewhere, resulting in a tax loss to Arcadia. No one else desiring to be heard Councilman Butterworth MOVED that the hearing be closed. Motion seconded by Councilman Phillips and carried unanimously. Discussion ensued. I Mayor Balser stated in part that he felt the Council should seriously consider the Planning Commission's recommendation of business zoning on the south side of Naomi Avenue; that he could not understand how property owners on Camino Real would favor this being business if they intend to keep that residential; that in his opinion it.is easier to hold the line at street level if there is a proper architectural overlay; that he agreed that the lots on the north side of Naomi Avenue are slated for business and that he does not believe R-l zoning can be held on Lovell Avenue, that it must come to parking for the area that has been zoned for business and that this also could be accomplished with good planning, such as set- backs and a wall and parking on the west side of Lovell Avenue to the wall similar to that across the street from Michillinda Avenue at the Sears parking lot. That he thought this would eventually occur. Councilman Butterworth summarized his feelings in the matter by stating in part that he was not unmindful of the referendum and that he thought it has a bearing on the matter but that in his opinion it is necessary to be practical about conditions as they exist and that he is inclined to agree with Mayor Balser that the area between Duarte Road and Naomi Avenue, excluding the yellow portion marked on the map which is already commercial, that he could see this 1.3 acres not going commercial and he would favor that; that he would favor the lot on Baldwin Avenue going commercial. That he is inclined to agree with Mayor Balser also as to the area on the south side of Naomi Avenue not receiving C-3 zoning; that he did not think there would be any stopping of it. That he could not entirely accept the premise of the Planning Commission that more commercial zoning is needed; that he favored the recommendation of rejecting R-3-R for the yellow portion and having that revert to R-l. Also that he agreed with Mr. Hege that those people are entitled to a hearing. Councilman Camphouse stated in part that he thought the Planning Director must have had some basis from his technical background as to the back yard line being a better buffer than the street; that there are areas in the City where this situation exists, such as the northwest corner of Santa Anita and Live Oak, and on Foothill Boulevard, where this has proven satis- factory to adjacent property owners. I Councilman Reibold stated in part that no area in the City has had as much study as the subject area nor as much emotion aroused. That the Planning Commission, at Council"s request, did survey the area about a year and a half after Ordinance No. 1071; that the people indicated they did not want to go as far as was suggested. That in this particular instance, while not unanimously approved, was not objected to by the property associations involved and that this appeared to be a rather reasonable compromise between the rights of the people who own the property and the desires of those who reside not too distant from it; that he personally would be inclined to support the Planning Commission. Also that regardless of the outcome, the people on Lovell Avenue have a right to be heard and should be accorded that right. Councilman Phillips then ~ that Council approve the recommendation of the Planning Commission subject to all of the conditions contained in its Resolution No. 432 and that the denial of R-3-R zoning on Lovell Avenue and Duarte Road be denied without prejudice. Councilman Camphouse seconded 5. 1-16-62 HEARING (Lighting Maintenance District No. 17) :Jg&1 INDEXED RESOLUTION NO. 3452 J cz~i HEARING (Lighting Maintenance District No. 18) J <t"'" C; (f;} tHlDEXED 14:5584 the motion which was carried on roll call vote as follows: I Councilmen Camphouse, Reibold, Phillips Mayor Balser, adding that he voted "No" on the basis that he objected to the south side of Naomi Avenue being zoned commercial. Councilman Butterworth, adding that his "No" vote is predicated on the same premise that he has heretofore indicated. ABSENT: None AYES: NOES: Mayor Balser announced that this is the time and place fixed by Resolution of Intention No. 3448 for the hearing of any protests or objections to the formation of Lighting Maintenance District No. 17, I and upon opening said hearing inquired if anyone in the audience desired to be heard. No one desiring to be heard, and the City Clerk having on file Affidavits of Publication and Posting, and having received no written protests, Councilman Phillips MOVED that the hearing be closed. Councilman Camphouse seconded the motion which was carried unanimously. Whereupon the City Manager presented, explained the content and read the title of Resolution No. 3452, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS 'LIGHTING MAINTENANCE DISTRICT NO. 17', TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF ALSTER AVENUE, ALTA OAKS AVENUE, ANDREWS ROAD, BEVERLY DRIVE, BIRCHCROFT STREET, BURNELL OAKS LANE, CAMINO REAL, CANYON ROAD, CIELO PLACE, DANIMERE AVENUE, DOSHIER AVENUE, EL MONTE AVENUE, ENCINO AVENUE, FAIRVIEW AVENUE, FLORENCE AVENUE, FOOTHILL BOULEVARD, GRANDVIEW AVENUE, GREENFIELD AVENUE, GREENFIELD PLACE, HAVEN AVENUE, HIGHLAND OAKS DRIVE, HUNGATE LANE, IVYLAND AVENUE, LA RAMADA AVENUE, LAS FLORES AVENUE, LEE AVENUE, LENTA LANE, LEROY AVENUE, LOGANRITA AVENUE, LORENA AVENUE, LOUISE AVENUE, MAGNA VISTA AVENUE, MAGNOLIA LANE, MONTE PLACE, NEWMAN AVENUE, OAKGLEN AVENUE, PALM DRIVE, PAMELA ROAD, ROSEMARIE DRIVE, ROLYN PLACE, ST. JOSEPH STREET, SANDRA AVENUE, SANTA ANITA AVENUE, SANTA ANITA TERRACE, SHARON ROAD, SOUTHVIEW ROAD, STANDISH STREET, SYCAMORE AVENUE, WILSON AVENUE, WINNIE WAY, WISTARIA AVENUE, SECOND AVENUE, THIRD AVENUE, SIXTH AVENUE,' EIGHTH AVENUE AND NINTH'AVENUE IN SAID CITY." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3452 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further ~ that Resolution No. 3452 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: I AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Mayor Balser announced that this is the time and place fixed by Resolution of Intention No. 3449 for the hearing of any protests or objections to the formation of Lighting Maintenance District No. 18, and upon opening said hearing inquired if anyone in the audience desired to be heard. No one desiring to be heard, and the City Clerk having on file Affidavits of Publication and Posting, and having received no written protests, Councilman Phillips MOVED that the hearing be closed. Councilman Camphouse 6. 1-16-62 RESOLUTION NO. 3453 ....- 1- '? (/~ I HEARING (Byit te) J 61/ I INDEXED I HEARING (Gladden & Dennis) 1~IJ~ 14:5585 seconded the motion which was carried unanimously. Whereupon the City Manager presented, explained the content and read the title of Resolution No. 3453, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS 'LIGHTING MAINTENANCE DISTRICT NO. 18', TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF FIRST AVENUE IN SAID CITY." MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3453 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Butterworth further MOVED that Resolution No. 3453 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Mayor Balser declared the hearing open on the application for a business permit of Mrs. Myrtle L. Byitte, 1829 Coolidge Avenue, Altadena, employed by Field Enterprises Educational Corp., 6404 Hollywood Blvd., Hollywood 28, California, to solicit door to door the sale of Childcraft and World Book Encyclopedia, Monday through Friday, 9:00 A.M. to 5:00 P.M. and evenings by appointment only. In response to Mayor Balser's query as to whether anyone in the audience desired to speak on the matter, the applicant addressed the Council, and in answer to questions of the Council advised that she represented F~eld Enterprises of Chicago; that the home office is in Hollywood; th~he is familiar with the City's ordinance regarding solicitation. The City Manager commented that this matter comes under Interstate Commerc::e,/___ and if approved a free license will be granted. There being no one else desiring to be heard Councilman Butterworth MOVED that the hearing be closed. Councilman Camphouse seconded the motion which was carried unanimously. It being noted that the staff report on the applicant was not as yet complete Councilman Camphouse MOVED that action be withheld until receipt by the Council of a complete staff report. Councilman Phillips seconded the motion which was carried unanimously. Mayor Balser declared the hearing open on the applications for business permits of Louis F. Gladden, 127 N. Vernon, Azusa, California, and Mary A. Dennis, 714 W. Montana, Monrovia, California, both employed by Kunin and Sons, Inc., 149 West Badillo, Covina, California, to solicit door to door the sale of wholesale food, supplies, refrigerators and freezer appliances, Monday through Saturday, 9:00 A.M. to 9:00 P.M. and 9:00 A.M. to 5:00 P.M., respectively. Upon Mayor Balser inquiring whether anyone in the audience desired to speak on the matter, both applicants addressed the Council, and in answer to lNDEXEDquestions"adrised that the applicant Dennis solicited the sale of the subject merchandise and arranged appointments' for appiicant Gladden; that the merchandise is sold at a discount and not at wholesale prices; that they present a sales program for the freezers and all types of frozen food as offered by their employer. 7. 1-16-62 ZONE VARIANCE (American Lutheran I / Church) ;/ 14:5586 In answer to Councilman Camphouse's question as to whether the applicants have a County Health Department permit to sell food, the applicant Gladden stated that he did not know whether his employer had such a permit, but that he did not. Applicants also stated that they were familiar with the City's ordinance regarding door to door solicitation. MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried unanimously that the h~aring be closed. Councilman Phillips further MOVED that inasmuch as the staff reports on the applicants were not complete that the matter be held over to the'next I Council meeting pending the receipt of complete staff reports. Councilman Reibold seconded the motion which was carried unanimously. Mayor Balser declared that since no action can be taken until time for appeal elapses the zone variance request of the American Lutheran Church to permit ,the erection of a church and related facilities at 110 and ll8 West Duarte Road (Planning Commission Resolution No. 436 recommending approval) will be held over until the next Council meeting (February 6, 1962). ZONE,VARIANCE Planning Commission Resolution No. 437 recommending approval subject to (Live Oak /conditions as set forth in said resolution (on file in office of the Medical ~ City Clerk). An appeal from portions of said Resolution No. 437, Section Building Co.) No.4, setting forth conditions, having been duly filed by applicant and said matter requiring a public hearing, Councilman Phillips MOVED that the hearing be scheduled for February 6, 1962 at 8:00 o'clock P.M. Councilman Camphouse seconded the motion which was carried unanimously. ZONE CHANGE~ Planning Commission Resolution No. 438 recommending approval, subject to (Rowland) certain conditions, of the application of William H. Rowland and others for a change of zone from Zone R-3 to Zone C-2 and D affecting property on the north side of Live Oak Avenue, east and west from Louise Avenue. COVENANT (915 LaCadena) P" Said matter requiring a public hearing, Councilman Phillips MOVED that the hearing be scheduled for February 6, 1962 at 8:00 o'clock P.M. Council- man Camphouse seconded the motion which was carried unanimously. The Director of Planning explained that in 1956 a lot split was approved, allowing a division of the property at 915 LaCadena Avenue, one of the conditions being the filing of a covenant to maintain a 35 foot yard adjacent to LaCadena Avenue and a 40 foot yard adjacent to Fairview Avenue; that Mr. Ralph M. Burston, the present owner of the property, plans to build an eight unit apartment house and has requested permission to face the building on Fairview Avenue,maintaining the required 40 foot front yarl but to use the normal R-3 side yard of 10 feet adjacent to LaCadena Avenue That this would allow the development of his property to conform with the requirements of the other three corners of this intersection, and that the Planning Commission recommends that the said covenant be released. Councilman Reibold MOVED that the Council accept the recommendation of the Planning Commission; that the request of Ralph M. Burston for the release of the covenant affecting property at 915 LaCadena Avenue be approved and that the Mayor and City Clerk be authorized to execute the appropriate documents required for such release. Councilman Butterworth seconded the motion which was carried unanimously. Mr. Thomas Horton, 430 Fairview Avenue, addressed the Council and stated in substance that' he felt this would adversely affect visibility at the intersection. It was explained that this affected only the portion of the property adjacent to LaCadena Avenue. 8. 1-16-62 CHICAGO PARK TRACT (Vacation Portion Dearborn St.) ~ ' 1- 6' 091 14:5587 Upon the Planning Director displaying a map of the Chicago Park Tract and stating that the Planning Commission recommended the vacation of that portion of Dearborn Street from Myrtle Avenue to the access road of Graham Brothers, Councilman Camphouse MOVED that the Council accept the recommen- dation of the Planning Commission and approve the vacation as recommended of that portion of Dearborn Street fro~ Myrtle Avenue to the access road of Graham Brothers in the Chicago Park'Tract. Councilman Phillips seconded the motion which was carried unanimously. INDEXED TRACT Located on Third Avenue south of Duarte NO. 26938 (Final) I 1- g'C: ~ INDEXED Road, containing 25 lots. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that Council accept and approve final map of Tract No. 26938 subject to the following conditions; that the City Clerk be and she is hereby authorized and directed to endorse in due form such approval and acceptance on said map and affix thereto the corporate seal of the City of Arcadia and to certify to the adoption and passage of a minute order at such time as there shall be deposited with the City of Arcadia good and sufficient Surety Bond guaranteeing certain improvements in said Tract No. 26938 pursuant to Section 9114.2 of the Arcadia Municipal Code: 1. Remove all buildings and structures within this tract or across the tract boundary. 2. Provide rear line utility easements. 3. Dedicate a one foot lot in fee to the City at the west end of the alley. 4. Dedicate lots 26 and 27 in fee to the City. 5. Dedicate the north 12 feet of the property at 220 East Duarte Road for street purposes. , 6. Dedicate the west 12 feet of the properties at 1004, 1010, 1014 and 1026 South Second Avenue for street purposes. 7. The subdivider to make every effort to secure the dedication of the north 12 feet of the property at 310 and 320 East Duarte Road for street purposes. 8. Install all street improvements required by the subdivision ordinance in accordance with plans and to grades satisfactory to the Director of Public Works. 9. Pay the following fees and deposits: 58 Street Trees @ $ 8.50 $ 493.00 I 10 Steel Street Light Posts @ 115.00 1150.00 6 Street Name Signs @ 35.00 210.00 25 Lots Recreation Fee @ 25.00 625.00 Total $2478.00 10. The City shall dedicate lot 14, Tract No. 19823 for street purposes. tRACT NO. 26345 (Grant of Telphone Easement) J'I'S'~ 11. The City shall pay to the subdi~ider the sum of $3250.00 previously deposited as a proportionate share of the cost of extending Third Avenue to Duarte Road. At the request of the City Manager, Mayor Balser ordered continued until final plans are received from the Pacific Telephone and Telegraph Company their request for an easement for the installation of underground telephone facilities over the northerly three feet of lot 22, Tract No. 26345 (Peck Road Subdivision). ":. ( 9 . 1-16-62 GASOLINE TAX FORMULA n ~ :/af c;,-~ INDEXED BALDWIN & ORANGE GROVE RESERVOIR (Tennis Courts) f N,c:J' TRACT No. 26055 (Final) ,-(j (-. -! e; CJ:NDExEn CALL FOR BIDS (Cast Iron Pipe) v ALL NIGHT PARKING 5: (fc 14:5588 The City Manager presented a report, as requested by the Council, regard- ing the proposal of the Los Angeles County Division of the League of California Cities for the adoption of a new distribution formula for gasoline tax funds subvented to the County by the State, and commented that basically it requests that the formula be revised for distribution; that the Board of Supervisors be requested to allocate funds under the formula recommended by the Attorneys' Division of the League, but over a period of time. Discussion was held on the report and suggestions and comments made to the effect that the proposal take effect over a ten year period with a review at the end of five years; that a resolution be prepared incorporating the thinking of the Council; that it would not be in the interest of the I general public to make a precipitous change in the revenue of the County and that any changes that are made shall be gradual; and that the Council favored the League's proposal. Councilman Phillips MOVED that the staff prepare for submission to the Council at the Council meeting of February 6, 1962 a resolution to the League of California Cities and to the Board of Supervisors embodying in principle the statements made by the City Manager relative to distribution of County Gas Tax funds and that said bodies also be notified by letter of the pending action. Councilman Camphouse seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None l ABSENT: None The City Manager submitted to the Council copy of memorandum to the Recreation Director regarding the proposal to install tennis courts on the roof of the Baldwin-Orange Grove Reservoir. Inasmuch as the Recreation COmmission has viewed the site and concur that the proposed installation is not feasible or desirable and intend taking formal action at the Recreation Commission meeting on January 17, 1962, Mayor Balser ordered the matter continued to the Council meeting of February 6, 1962. MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried unanimously that the recommendation of the Director of Public Works and the Water Superintendent be approved and that the City accept the improve- ments in Tract No. 26055 for maintenance and the surety bond deposited by the subdivider be released. MOTION by Councilman Camphouse, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and the Water Superintendent; that the specifications for the purchase of cast iron pipe and fittings be approved as submitted; that the City Clerk be authorized to call for bids for the purchase of such cast iron pipe and fittings in conformance with said specifications, the expenditure for this purpose being provided for in the 1961-62 Budget, Water Reserve and Depreciation Fund, Major Projects, Main Replacement and Water Fund, Major I Projects, Main and Hydrant Installation, said bids to be returned February 2, 1962 at 11:00 A.M. and submitted to the Council at the regular meeting of February 6,1962. After discussion held on the report submitted by the City Manager covering a study made of all-night parking prohibition, which included 1) a field check conducted by the Police Department of violation, 2) Citizens' response, 3) parking studies of other cities and consultation with the League of California Cities to determine the experience of other cities, 4) survey of cities in Los Angeles County, and 5) Arcadia Avenue Survey, and the following recommendations: 10. 1-16-62 I SALARY ADJUSTMENTS I $1\. ~ :rnDEXED 14:5589 1. Rescind the all-night parking ban "as provided for in Section 11.8 of the Uniform Traffic Ordinance" for at least one year. 2. Restrict parking of commercial vehicles on any street between the hours of 1:00 A.M. to 6:00 A.M., except for pick-ups and deliveries. 3. Restrict parking of passenger vehicles in same location for more than 24 hours. 4. Require two off-street parking spaces for every dwelling unit. 5. Require five foot sidewalks to be installed in all R-2 and R-3 zones. 6. Develop a program for sidewalk installation in fron~ of existing developed properties in R-3 zones. 7. Provide street lighting according to present standards in all R-3 zones. 8. Develop a program for the elimination of the existing off-street parking deficiencies in the R-3 areas. 9. Instruct the staff to report back to the Council in February of 1963 on the then status of the problem. Councilman Camphouse ~ that the Council accept the recommendations as set forth above and that' the City Attorney be instructed to prepare the necessary documents. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager also tendered a copy of the above report to Mr. Thomas Horton, since he had evidenced interest in the enforcement of prohibition of all-night parking. MOTION by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows that Council approve the recommen- dations of the City Manager as contained in his communication of January 12, 1962, regarding salary survey and related data pertaining to classified City employees, library employees and unclassified personnel and that the following transfers and appropriations be made: 1. Transfer and appropriate from the Library Unappropriated Surplus Fund Account No. 290, $1182 to Library Account No. 460.1. 2. Transfer and appropriate from the Library Unappropriated Surplus Fund Account No. 290, $99.00 to Library Account No. 460.67. 3. Transfer and appropriate from the Water Department Earned Surplus Account No. 291, $1248.00 to General Fund Account No. 470.1. 4. Transfer and appropriate from the Water Department Surplus Account No. 291, $105.00 to General Fund Account No. 470.42. 5. Transfer the sum of $4300 from General Fund Council Contingency Account No. 409.28 to the following General Fund Accounts: Account No. 402.1 $150.00 Account No. 422.1 $240.00 Account No. 404.1 210.00 Account No. 431.1 540.00 Account No. 407.1 150.00 Account No. 432.1 84.00 Account No. 409.1 60.00 Account No. 433.1 1866.00 Account No. 421.1 408.00 Account No. 434.1 258.00 General City Retirement Fund $334.00 11. 1-16-62 RESOLUTION NO. 3456 y ORDINANCE NO.' 1154 (Adopted) 1 <6',1 (; lNDEXED ORDINANCE NO. 1162 (Adopted) v 14:5590 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Whereupon the City Manager presented, explained the content and read the title of Resolution No. 3456, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 3392 OF SAID CITY BY CHANGING THE SALARY SCHEDULE OF CERTAIN CITY EMPLOYEES." MOTION by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading,of the full body of Resolution No. 3456 be waived: AYES: Councilmen Butterworth, NOES: None ABSENT: None Camphouse, Reibold, Phillips, Balser I Councilman Camphouse further MOVED that Resolution No. 3456 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager presented for the second time, explained the content and read the title of Ordinance No. ll54, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO. 3418 ADOPTED BY SAID CITY COUNCIL ON SEPTEMBER 19, 1961, AND DESIGNATED THEREIN AS 'ANNEXATION NO. 28, SOUTHEAST ARCADIA UNINHABITED' ." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1154 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further moved that Ordinance No. 1154 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager presented for the second time, explained the content anld read the title of Ordinance No. ll62, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO THE ARCADIA MUNICIPAL CODE A NEW SECTION 8130.18 AMENDING SECTION 203 OF THE BUILDIN CODE." MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1162 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1162 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote ~s follows: 12. 1-16-62 ORDINANCE No. 1164 ,(Adopted) I ~ ORDINANCE No. 1166 (Adopted) ;/ I ORDINANCE NO. 1167 (Adopted) J~'J.'..:' :rJ:ID~D 14:5591 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager presented for the second time, explained the content and read the title of Ordinance No. 1164, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6428.6 OF THE ARCADIA MUNICIPAL CODE AND REPEALING SECTION 6428.7 THEREOF." 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. 1164 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Butterworth further MOVED that Ordinance No. 1164 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager presented for the second time, explained the content and read the title of Ordinance No. 1166, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9233.21 OF THE ARCADIA MUNICIPAL CODE BY,RECLASSIFYING FROM ZONE C-2 TO ZONE R-3 THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LIVE OAK AND LENORE AVENUES IN SAID CITY." MOTION by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body 'of Ordinance No. 1166 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further ~ that Ordinance No. 1166 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse,Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager presented for the second time, explained the content and read the title of Ordinance No. ll67, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING- THE REAL PROPERTY WITHIN THE LIMITS OF PROPOSED I ANNEXATIONS NO. 28, SOUTHEAST ARCADIA UNINHABITED' IN ZONES PR-2 AND R-3 AND AMENDING SECTJON 9233.21 OF THE ARCADIA MUNICIPAL CODE ACCORDINGLY." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1167 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further moved that Ordinance No. Motion seconded by Councilman Reibold and carried on follows: 1167 be adopted. roll call vote as 13. 1-16-62 RESOLUTION NO. 3454 / RESOLUTION NO. 3455 ' I REFUND (Rouse) (j'. ~ V1tif ~:~ ~~ INDEXED 14:5592 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager pres~nted, explained the content and read the title of Resolution No. 3454, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE STATE BOARD OF DIRECTORS OF THE LEAGUE OF CALIFORNIA CITIES TO SPONSOR OR SUPPORT STATE LEGISLATION ENABLING CITIES TO ENACT ADDITIONAL OR SUPPLEMENTAL REGULATIONS NOT INCONSISTENT WITH STATE LAW PROHIBITING OR REGULATING CRIMINAL ACTIVITY, AND REQUESTING THE INCLUSION OF, SUCH LEGISLATION IN THE GOVERNOR'S CALL FOR A SPECIAL SESSION OF 'TIlE LEGISLATURE." I MOTION by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3454 be waived: ' AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further MOVED that Resolution No. 3454 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold~ Phillips, Balser NOES: None ABSENT: None The City Manager presented Resolution No. 3455, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS." The City Mattager explained that the City Treasurer, at his request, made a study and inventory of City records, primarily those stored in the basement, with the plan of inventorying not only those stored but to see what records could be legally destroyed. That these inventories were made for the various departments, the method of disposal signed by each department and a copy of the report forwarded to the City Attorney together with the recommended procedure. which resulted in the City Attorney preparing the said resolution. which . incorporates those records and correspondence permitted to be destroyed by the stated departments. That the method of disposal is contemplated to be burning in the incinerator at Pasadena. The City Clerk asked the City Manager which property tax material was recommended for destruction and was advised that only the stubs of old receipts were involved. The City Manager commented that the resolution had been received by him I too late to circulate copies among the Councilmen; that perhaps Council would like to review same. Brief discussion ensued and it being the consensus of the Council that the resolution be reviewed, Mayor Balser ordered said Resolution No. 3455 held over to the next Council meeting. MOTION by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the Mayor and City Clerk be authorized to refund the sum of $12.25 to Jack Rouse and Son, Inc., 463 S. Robertson Blvd., Beverly Hills, California, being the unused portion of the investigation fee deposited in connection with an application for a business permit: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 14. 1-16-62 COUNTY BOUNDARY COMMISSION 14:5593 f: Mayor Balser ordered filed the notice of the County Boundary Commission ,that the City of El Monte has filed Annexation No. 278 (east side of Peck Road three blocks north of San Bernardino Road) as it has no effect on Arcadia. AUDIENCE PARTICIPATION MAITERS FROM CITY OFFICIALS No one in the audience desired to address the Council. I ORDINANCE NO. ll6l (Ban of Livestock,- Tabled) INSURANCE (City Property) CONFERENCE (Manager) / LIBRARY V (Parking) DABA ./ I CONFERENCE (But terworth) IV, <;. r:' INDEPENDEN3-- AUDIT ,/ ADJOURNMENT The City Manager read a communication received from the Health and ~sanitation Commission dated January 10, 1962, wherein it recommended that Ordinance No. 1161 regarding the proposed banning of the keeping of certain livestock and zone change not be implemented. Whereupon Mayor Balser ordered the said ordinance tabled pending receipt of report from the Planning Commission. ~MOTION by Councilman Reibold, seconded by Councilman Butterworth and t/' carried unanimously that 'the communication from Huntington Associates, Inc., dated January 16, 1962, regarding Fire, Extended Coverage and Endorsement, Vandalis~Malicious Mischief Insurance Quotation covering City Owned Property, be received and referred to the City Manager. Councilman Phillips submitted copies to the Council of the Statement of Policy on Metropolitan Government proposed to be submitted by him at the Special Conference on Metropolitan Government in Sacramento February 1 and 2, 1962, and added that he would be unable to attend such conference. (Authorization granted January 2,1962). Whereupon Councilman Camphouse MOVED that the City Manager be authorized to attend said Conference on Metropolitan Government in Sacramento February 1 and 2, 1962, expenditures in connection therewith to be paid by the City and substantiated by an itemized expense account upon his return. Councilman Phillips seconded the motion which was carried unanimously. In answer to Councilman Camphouse's inquiry as to the present status of the improvement of parking facilities at the Library, the City Manager advised that bids were scheduled to be received February 5, 1962 on said project. Councilman Camphouse urged increased study regarding the downtown Arcadia business situation with the thought of progress even to the inclusion of employing competent help. The City Manager advised that a complete land use report will be ready the latter part of January and the goals report will be ready during the month of February. Councilman Butterworth commented that some objective study should be made of the matter and suggested talking with Simon Eisner or some other qualified person regarding the matter. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that Councilman Butterworth or his designated member of the Civil Defense Board attend the Civil Defense Conference in Sacramento on January 23, 1962, expenditures in connection therewith to be paid by the City and substantiated by an itemized expense account upon his return: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: Councilman Camphouse ABSENT: None Mayor Balser submitted to the Council and members of the staff present copies of a communication from the independent auditors. Mayor Balser ordered the meeting adjourned at 11:10 P.M. ~A0~ yor Balser , 1-16-62 ATTEST: $~iJ21/ /JM~ City Clerk '