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HomeMy WebLinkAboutMAY 17,1960 I INVOCATION , ROLL CALL MINUTES (5-3-60 and 5-5-60) HEARING (Woodruff Way) b~ ~rJ 4CJpo M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 17, 1960 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 o'clock P.M., May 3, 1960. The Invocation was offered by Mons. Gerald O'Keefe, Pastor of the Holy Angels Church. PRESENT : ABSENT: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse None Councilman Reibold moved that the minutes of the Regular Meeting of May 3, 1960 and the Regular Adjourned Meeting of May 5, 1960, as submitted in writing, be approved. Councilman Butterworth seconded the motion which was carried unanimously with the exception of Councilman Phillips who abstained as to the minutes of May 3, 1960, not having been present at said meeting. Mayor Camphouse announced: "The hour of 8:00 o'clock P.M. having arrived, this is the time and place for hearing protests or objections against the assessment for the improvement of Woodruff Way by the instal- lation of sanitary sewers, as described in Resolution of Intention No. 3246. In answer to Mayor Camphouse's query, the City Clerk advised that she had the Affidavits of Publication, Posting and Mailing relative to this hear- ing. Whereupon Councilman Phillips moved that said affidavits be received and filed. Motion seconded by Councilman Reibold and carried unanimously. In answer to Mayor had been received, lNDEJeEDbeen received. Camphouse's inquiry as to whether any written protests the City Clerk advised that no written protests had RESOLUTION No. 3259 I I Mayor Camp house then inquired if snyone desired to be heard on the matter either in favor of or in opposition to the assessment for the improvement of Woodruff Way. No one desiring to be heard, Councilman Reibold moved that the hearing be closed. Motion seconded by Councilman Phillips and carried unanimously. The City Attorney thereupon presented, explained the content and read the title of Resolution No. 3259, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING WORK TO BE DONE ON WOODRUFF WAY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3246." Motion by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3259 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None lNDEXEDCouncilman Phillips further moved that Resolution No. 3259 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None 1. 5-17-60 Lf,?~/ HEARING (Moriarty) Mayor Camphouse declared the hearing open on the request of Lillian Ann Moriarty and others for a zone change from R-l to R-3 on property located at 1602 and 1616 South Baldwin Avenue (Planning Commission Resolution No. 373 recommending approval) and inquired if anyone in the audience desired to address the Council in favor of said request. Mr. Henry W. Shatford, Attorney, residing at 410 South Drake Road, Arcadia, representing the applicants,addressed the Council, stating in substance that he felt the Planning Commission had recommended the zone change on the property in question for several reasons, but principally to provide a buffer between said property and the C-l zone to the north; that the majority of the property owners have expressed their approval of the requested zone change, and that in his opinion it would enhance the I value of the area. Mr. Frank T. Kelly, 9931 Callita Street, Arcadia, addressed the Council, stating in substance that he had no objection to the requested zone change, but would like to suggest that Council consider qualifying the zone change to limiting the proposed apartment houses to one story in height. Mr. Shatford then stated in part that in his opinion a two-story building at the location in question would have no effect on the area in which Mr. J Kelly resided, and in answer to Councilman Reibold's inquiry as to , architectural plana, he said that he did not believe they were prepared A as yet and therefore did not know whether the proposed apartment buildings U\ were to be one or two stories in height. He then conferred with his client \ -- (Lillian Ann Moriarty) and advised that the proposed:constructil.on'..was:.to"be \9 two-story. Mayor Camphouse commented that Mr. Kelly's concern might be that Council's action in this instance could establish a pattern for the ~~~~~~property under consideration across the street. In answer to Councilman Phillip's question as to whether the R-3 zone change, if granted, could be conditioned, the City Attorney advised that the R-3 zone specifies the use to which property may be put and the restrictions automatically applicable thereto; that the ordinance makes no provision for the imposition of conditions in a given zone; that the Council has heretofore granted conditional zoning, but it was based on conditions precedent; that situations such as this have been handled in the past by denying the zone change requested and granting a variance that would permit the basic use requested with the conditions imposed in the variance. He also pointed out that if the Council is of a mind to impose conditions, the hearing should be left open for the purpose of formulating such conditions and to receive staff reports thereon. There being no one else desiring to be heard, Councilman Balser moved that the hearing be closed. Councilman Butterworth seconded the motion and it was carried unanimously. Councilman Reibold then moved that the Council accept the recommendation of the Planning Commission as contained in their Resolution No. 373 and grant the request of Lillian Ann Moriarty and others for a zone change from R-l to R-3 on property located at 1602 and 1616 South Baldwin Avenue. Councilman Phillips seconded the motion. I Councilman Balser observed that there is presently a buffer between the property in question and business to the north; that he felt there is too much R-3 zoning in Arcadia at the present time, some of which has not been developed, citing Fairview Avenue as an example; that if the Council intends considering additional R-3 in the future it should be R-3-R which is more restrictive than R-3. A general discussion then ensued, wherein Councilman Reibold stated in part that Baldwin Avenue will soon become a major connecting link between two freeways and that R-3-R was too restrictive for the area in question. Mayor Camphouse commented that restrictions as to square footage are ~:. 2. 5-17-60 .:""', , /9 r::r- ./J (Hearing - Moriarty - Continued) essen~ial wherever the locale and the only offset to imposing such restrictions on the area in question versus Huntington Drive is the compensating factors in cost of land. Councilman Balser stated that his objective in trying to hold the line on R-3 is the creation of a precedent and that additional R-3 zoning at the present time is premature, I Mayor Camphouse inquired of Mr. Shatford if he would have any objection to Council taking the matter under advisement for further study, to which Mr. Shatford replied that he had no objection to showing Council the plans when ready but did not think it fair to hold up the matter. He added that the applicants have owned the property for 37 years and have been promised they would get at least the minimum of what was given in the other areas, which was R-3. That the buildings they proposed to construct would be more beneficial tax-wise toward the establishment of additional schools and retail sales, to which Mayor Camphouse commented that there is not an R-3 unit in the City of Arcadia which carries its proportionate share of the tax burden insofar as it relates to schools or other taxable matters. He then again inquired of Mr. Shatford if he would be willing to wait until Council reviewed the R-3-R phase of the matter and Mr. Shatford again stated that the plans are not as yet completed. Whereupon at Councilman Reibold's request, Mayor Camphouse order a roll call, which was.carried as follows: AYES: Councilmen Reibold, Phillips NOES: Councilmen Balser, Butterworth, Camphouse ABSENT: None Mr. Shatford then inquired if the matter could be refiled under the new R-3-R zone, as he did not want to resort to court procedure on the matter. The City Attorney stated that the motion made and carried was to'deny the requested R-3 zone as recommended by the Planning Commission and that this would not preclude the consideration of granting R-3-R, but that this would entail considerable delay in processing through the Planning Commission and the Council. At Mr. Shatford's request that Council amend their motion so as not to necessitate such delay, and the City Attorney's statement that if a majority of the Council were of a mind so to do, a motion would be in order at this time to impose R-3-R on the property, Councilman Butterworth moved that a change of zone be granted in this instance from R-l to R-3-R. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor camphouse suggested to the applicants that they confer with the Staff and the Building Department as to clarification and details relative to the action taken. IIiEARING (Kenro l1usic) Mayor camphouse declared the hearing open on the application of Kenro Music, Inc., 2071 LaFrance Avenue, South Pasadena, for a business permit to allow the installation and operation of a skill game at 302 East Foothill Boulevard, and inquired if the applicant or anyone else in the audience desired to address the Council in favor of said request. t;Jl No one desiring to be heard, either in favor of or in opposition to said request, Councilman Reibold moved that the hearing be closed. Motion seconded by Councilman Butterworth and carried unanimously. INDEXED Councilman Balser stated that on two or three occasions he had received complaints from residents in the vicinity of 302 E. Foothill Boulevard as to the noise, especially late at night, emanating from the location in question and on two occasions he had requested the police to investigate in an effort to stop the noise, and that he moved that the 3. 5-17-60 L./tfR ~ HEARING (Shumaker) ~ ^\9 j.i>\J ,/\;~\Ji> request of the Kenro Music, Inc., 2071 LaFrance Avenue, South pasadena, for a business permit to allow the installation and operation of a skill game at 302 East Foothill Boulevard, Arcadia, be denied. Councilman Butterworth seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Application filed by G. M. Shumaker, 6~0 West Duarte Road, Arcadia, for a business permit to allow the operation of a 24 lane bowling alley, includ- ing a coffee shop, cocktail lounge, milk bar, dining room, children's p1ayyard and children's playroom, at 1020-30 South Baldwin Avenue, said alley to be open seven days a week, 24 hours a day. I Mayor Camphouse declared the hearing open and requested the City Clerk to read communications received on the matter. The following is a summary of the full transcript of the proceedings on file in the office of the City Clerk: Communications: April 29, 1960 from G. M. Shumaker and Duke Snider - That they hope to begin construction of the proposed bowling alley in June, with completion expected in October, 1960; said building to be completely soundproofed, and to contain a 24 lane bowling alley, etc. May 5, 1960 from G. M. Shumaker, submitting two photostat copies of petitions, one signed by residents near the said property and the other by property owners adjacent to or near the property, recommending approval of a requested variance for the construction and operation of the proposed establishment. (Petitions originally presented to the Planning Commission) . The City Attorney explained 'that the property for which the permit is sought is zoned commercially and would permit a bowling alley without any further action other than the special Council permit. That the original application before the Planning Commission was for a variance on adjacent property, applicant's original plans being for a larger alley than is sought in this application. That the application for a zone variance was withdrawn at the last meeting of the Planning Commission, and the only matter before the Council at this time is the permit application; that the relevancy of the petitions is only to show the concurrence of the signers thereof with, the requested variance and indirectly perhaps of the bowling alley itself. The City Clerk then continued reading the communications received, as follows: I May 13, 1960 from J. Davis Barnard, Pastor of the Arcadia Presbyterian Church; that he agreed with a number of citizens of Arcadia who felt that the proposed bowling alley would be a breakdown of the character of. the community as a place of homes and orderly shopping centers. May 17, 1960 from Edward A. Heiss, 2164 Canyon Road, Arcadia, owner of R-3 property in close proximity to the proposed bowling alley, protesting the issuance of a business permit for same due to the night long noise and traffic which will result therefrom. May 17, 1960 from Mr. and Mrs. George T. Spalenka, 648 Sharon Road, Mr. and Mrs. D. V. McQuain, 364 Naomi and Mr. and Mrs. Ray A. Smith, 477 Naomi Avenue, giving a number of reasons for their objection, such as the 24 hour operation being a disturbance to nearby residents, inadequate off-street parking, traffic and proximity to residential property. 4. 5-17-60 (Hearing - Shumaker - Continued) I I ~9j/y May 17, 1960 from Dr. R. H. Hutchinson, 724 Fairview Avenue, objecting on the basis of traffic and noise. There being no other communications, Mayor Camphouse called for the proponents of the proposed development, and the following persons addressed the Council and stated in substance: Mr. G. M. Shumaker, 650 West Duarte Road (the applicant) presented plans and a picture of the proposed development and stated that he felt it would be beneficial to the City as a recreational center; that the building would be of the same nature and design as his present shopping center in West Arcadia. The, Assistant City Engineer displayed and explained the aforementioned plans and the matter of parking facilities was discussed. The applicant explained that the plot plan shows the opening of Arcadia Avenue and 85 parking stalls on the property in question; that in addition thereto he owns the parking facilities consisting of 300 stalls on the adjoining shopping center that may be used after 9:00 o'clock and 350 car parking facilities across the street available after 6:00 o'clock. Dr. Ray Allen Young, with offices in the Professional 'square Building (owned by applicant), mentioned the crowded conditions of the other bowl- ing alleys in Arcadia and the difficulty in securing a lane; also that recreation is beneficial. Henry H. Hege, 651 West Duarte Road: that this type of development will be advantageous to the area as a whole. Robert C. Touchon, 703 Arcadia Avenue: that the maJ,ority of persons with whom he has spoken expressed themselves as being in favor of the proposed bowling alley. He also commended Mr. Shumaker on his business acumen. Dr. J. Kendall McBane, 1108 Baldwin Avenue, part owner of property adjacent to the proposed development: that the applicant does a job well and that he favors the proposed bowling alley. There being no one else present desiring to be heard in favor of the proposed development, Mayor Camphouse called for those persons in the audience who wished to speak in opposition thereto. The following persons thereupon addressed the Council, stating in substance: Lawrence E. Borquin, owner of property at 645 Fairview Avenue, presented a photostatic copy of a petition,commenting that of the 20 signatures there- on, five had signed the petition before the Planning Commission. He continued in part that in his opinion the bowling alley at the proposed location is not in the best interests of the overall development of the R-3 Zone in the area; that it would create excessive noise and traffic at late hours and will retard and possibly eliminate the orderly develop- ment of adjacent R-3 property in accordance with the current R-3 regulations. Also that such use of c-2 zoning and R-3 zone variance can retard R-3 land use development resulting in the loss of tax revenues for the City. Mr. Robert Buchanon, an attorney representing Mr. Borquin, mentioned that in some cases and in some places a bowling alley can be detrimental to "I \ the public health and safety, and that in this instance it would be '>~ detrimental due to increased traffic, inadequate parking, depreciation of property values in the area. That with regard to the additional adjacent parking facilities mentioned by the applicant, he was doubtful if it legally could be used for such purpose, but in any event, should applicant sell such facilities there would be no guarantee that the new owners would permit such use. Paul Hackstedde, 333 West Caminc Real: that he did not believe a 24 hour operation is in keeping with Arcadia, the City of homes, and that since the 5. 5-17-60 LPlfS (Hearing - Shumaker - Continued) Council previously denied the application for a bowling alley adjacent to the El Rancho Shopping Center which had set closing hours, that he did not believe they could approve this application, which is for a 24 hour operation. Edward A. Heiss, 2164 Canyon Road, Arcadia, stated that he owned R-3 property at 652 Fairview Avenue, in the vicinity of the proposed develop- ment. He cited a magazine article which outlined the necessary ratio of population to support a bowling lane and did not feel such a development was needed in the City. No one else desiring to speak, Councilman Butterworth moved that the hearing be closed. Councilman Balser seconded the motion. ~yor Camphouse inquired if the Council desired to have a discussion and I asked the City Attorney if closing the hearing would preclude such particular consideration. The City Attorney replied that the closing of the hearing, particularly without a reopening of it, precluded the taking of any further testimony on the subject, which is the sole effect of the closing of a hearing. Councilman Butterworth stated that he desired to ask the applicant several questions and that he withdrew his motion to close the hearing. Whereupon Councilman Balser withdrew his second. Bill Williams, 906 South Baldwin Avenue, a realtor, addressed the Council, stating in part that he often worked late at night and that he had never been disturbed by the noise of trucks and such and that he did not believe the operation of the proposed bowling alley would create a disturbance to the adjacent property owners; that a recreation center would be an inducement to prospects of rental property in the area. Mayor Camphouse mentioned that he had not meant the withdrawal of the motion to close the hearing as an invitation for further audience participation, but only for Council discussion. Councilman Butterworth then inquired of the applicant as to the proposed circulation of traffic and Mr. Shumaker explained the various proposed methods as outlined on the map. To Councilman Reibold's question as to whether he would be agreeable to a closing hour of approximately 2:00 A.M. rather than a 24-hour operation, Mr. Shumaker replied that he would be agreeable thereto. Councilman Balser then moved that the hearing be closed, which motion was seconded by Councilman Butterworth and carried on roll call vote as follows; AYES: Councilmen Balser, Butterworth, Phillips, Reibold, Camphouse NOES: None ABSENT; None I A general discussion then ensued, wherein the councilmen stated their thinking on the matter, as set forth in part as follows: Councilman Balser believed that the proposed bowling alley would add to the amount of police work, and with the opening of Arcadia Avenue" traffic would be increased through residential areas; also that he did not believe there were enough people in Arcadia to support the development. Councilman Butterworth stated that he would not favor the development if it were to be 24 hours a day, seven days a week, but that he was unable to accept the inference that bowling alleys are per se detrimental to the health, welfare and morals of a community; that Arcadia has two existing bowling alleys and Council would be hard pressed to say that they may operate and are not detrimental to the health, welfare or safety of the community but another bowling alley would be. He continued, that 6. 5-17-60 (Hearing - Shumaker - Continued) I I 4L?cY0 the City's ordinance on this matter is regulatory and not a statute of prohibition and is not to be used as a zoning statute; that the matter of serving liquor is not within the jurisdiction of the Council but is controlled by the Alcoholic Beverage Control Board; that whether or not there are enough bowling alleys in the City is an economic decision and controlled by economic forces; that in his opinion this is a lawful enterprise and that he would favor the granting of a permit to the applicant, with restrictions as to hours and prohibition against selling liquor upon the concourse. Councilman Reibold concurred in Councilman Butterworth's statements, adding that the only question to be determined by the Council is whether or not the granting of the permit would be injurious, detrimental or harmful to the public's peace, health, safety, morals or welfare. Councilman Reibold also requested clarification of certain parts of Dr. Barnard's letter. The City Clerk read excerpts of said letter and Councilman Reibold then stated that in his opinion Dr. Barnard was not against the bowling alley, only against certain aspects, in which he concurred. He added that under Ordinance No. 823 he would be hard-pressed to find a legitimate reason to turn down the application; however, that if it is the Council's will to grant it, that it should be granted with restrictions as to closing at 2:00 A.M. and with the same restrictions as to the sale of liquor as are imposed upon the other two bowling alleys in the City. Councilman Phillips first requested and was advised as to the zone variance previously requested by the applicant, which matter had been before the Planning Commission. He then stated that in his opinion, when restrictions are placed upon regulatory business licenses it becomes difficult to achieve enforcement. Also that there has been sufficient justification given at this hearing to justify the denial of the permit. Councilman Balser again observed that at the Council meeting of May 3, 1960 an application for a permit to conduct a bowling alley adjacent to the El Rancho Shopping District had been denied on the ground that it would be injurious to the health, safety,",morals"and welfare of the City of Arcadia in that area, and that in his opinion the same conditions apply in the area in question at this hearing. Councilman Reibold felt that the land surrounding the El Rancho area is of an entirely different complexion, and that he moved that the permit be granted, subject to two conditions, one that they not be allowed to be open after 2:00 o'clock, and two, that only beer be permitted to be served on the concourse. Councilman Butterworth stated that before he seconded the motion he wished to make further inquiries, to wit: the conditions that attach to the other business permits for bowling alleys in Arcadia. The City Attorney explained that one bowling alley was in existance prior to the adoption of Ordinance No. 823; that when the building was remodeled in accordance with conditions the Council indicated they would approve if the bar was separated from the concourse and up~n their covenant so to do, the license was granted by the Alcoholic Beverage Control and a permit granted by the Council. Subsequently the permit was modified to permit beer only to be served on the concourse. That the other bowling alley entailed a zone variance because some of the property was zoned residential and some of the conditions were tied into the variance as well as into the permit. That there also the cocktail lounge was physically separated. The permit was later modified to permit the serving of beer only upon the concourse. To Councilman Butterworth's question as to whether the bar in the instant matter is to be physically separated from the concourse, Mr. Shumaker 7. 5-17-60 L/1!7 (Hearing - Shumaker - Continued) pointed out the floor plan and explained the different locations of the different rooms and stated' that there was to be no physical entrance from the cocktail bar to the concourse. Councilman Butterworth then asked Councilman Reibold if he would agree to the addition to his motion of the statement that there be a physical separation of the bar from the concourse in a manner similar with the other bowling alleys, and upon Councilman Reibold agreeing to so do, Councilman Butterworth seconded the motion. ' Mayor camphouse commented that before he called the roll he wished to add that generally the public misconstrues the roll of the City Council in situations such as this because they expect the Council to rule on the I economics of a situation; to vote on the moral issue; whether it has a cocktail lounge or not, which is not within the jurisdiction of the Council and that in his opinion the facts in this matter differ very little from those presented in the El Rancho Bowling Alley matter. At the request of Councilman Butterworth, the following roll call was then taken: AYES: Councilmen Butterworth, Reibold NOES: Councilmen Balser, Phillips, Camphouse ABSENT: None Councilman Balser stated that in view of the above vote he moved that the application of G. M. Shumaker for a business permit to allow the operation of a bowling alley at 1020-30 South Baldwin Avenue in Arcadia be denied. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Camphouse NOES: Councilmen Butterworth, Reibold ABSENT: None RITTER Mayor Camphouse called for item No. 3 on Pending Agenda, pertaining to the (Zone Re- application of Dr. Emil R. Ritter and others for a zone reclassification classification)from Zone R-l to Zones C-3 and D (Architectural Overlay) of property located at 623 West Duarte Road, (Planning Commission Resolution No. 367 recommending reclassification). () W '" \.y 4.>~ I) ~.;~~i>~ RECESS LOT SPLIT No. 281 (Final)j ~1 ~/ \.0 p><Y -1 ~~i> By reason of the above matter having been placed on pending agenda, due to the vote taken at the May 3, 1960 Council meeting having been two to one against the recommendation of the Planning Commission, Councilman Phillips stated that he had reviewed the record and read the minutes of said meeting and was now familiar with the proceedings, and that he moved that the hearing be reopened and placed on agenda for the Council meeting of June 8, 1960 and the City Clerk instructed to issue the proper legal notices. Councilman Reibold seconded the motion which was carried on roll call vote as follows: I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor camphouse ordered a five minute recess. Joseph Muscolino, 1400 Highland Oaks Drive. Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that Council accept the recommendation of the Director of Public Works and the Planning Secretary and that final approval be granted Lot Split No. 281 - Joseph Muscolino, 1400 Highland Oaks Drive, as all conditions imposed have now been met. 8., 5-17-60 LOT SPLIT No. 292 (Tentative) I TRACT No. 21618 (Final) ~ ~q; l.>,'P1>'$.1;V I TRACT No. 25253 (Revised Tentative) if 11?J/ Magnor A. Hanson, 809 Fairview Avenue. Motion by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that Council accept the recommendation of the Planning Commis- sion and indicate its intention to approve Lot Split No. 292 - Magnor A. Hanson, 809 Fairview Avenue, upon compliance with the following condition: 1. File a final map with the City Engineer. Located on Greenfield Avenue north of Pamela Road - containing 14 lots. Motion by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that Council accept and approve final map of Tract No. 21618 subject to the following conditions: 1. Construct a full masonry veneer wall on the east wall of the garage adjacent to lot 3, with roof drainage not to drain on to lot 3. Provide all necessary rear line utility easements. Install all street improvements required by the Subdivision Ordinance in accordance with plans and grades to be approved by the City Engineer. Pay the following fees and deposits: 2. 3. 4. 31 Street trees @ $ 8.50 $ 263.50 2 Street name signs @ 35.00 70.00 5 Steel street light posts @ 135.00 675.00 14 Lots recreation fee @ 25.00 350.00 $1,358.50 5. The city shall dedicate lot 11, Tract No. 18618, M.B. 611 79 and 80 for street purposes to be known as Greenfield Avenue. 6. The city shall dedicate a small portion of the Camino Real reservoir site for street purposes and authorize the Mayor and City Clerk to sign the title sheet of the tract; and 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 auch time as there shall be deposited with the City of Arcadia good and' sufficient Surety Bond guaranteeing certain improvements in said Tract No. 21618 pursuant to Section 21 of Ordinance No. 860. Councilman Butterworth then moved that Council authorize the Mayor and City Clerk to sign the title sheet of said tract map due to the fact that a portion of the cul de sac at the south end of Greenfield Avenue is taken from city owned property. Councilman Balser seconded the motion and it was carried unanimously. Located on Fairview Avenue - 10 lots. The Assistant City Engineer advised that tentative map of Tract No. 25253 had been approved by the Council on AprilS, 1960; that the subdivider has been unable to secure the land for lots 9 and 10 and has submitted a revised map eliminating them from the tract, which necessitated moving the street slightly to the north, making lot 4 about two feet shorter, ~ but that all lots are still above minimum requirements; and that the ~~ revised map is recommended by the Planning Commission for approval 1/1 subject to all the conditions previously recommended except that ~ ~ condition 3 be eliminated and two more conditions added, as follows: ~1>)) ~~)) 1. Dedicate a five foot planting and sidewalk easement along the west side of lot 4, the front of lots 5, 6, 7 and 8, along the north side of lot 6 and along the north side of the property at 1000 Holly Avenue. 2. The subdivider shall dedicate lot 10 in fee to the city. 9. 5-17-60 Jffff (Trac t No. 25253 - Continued) TRACT No. 25782 (Tentative) \p 1\ ~I\ 9~ Il ".,:~i> 3. The subdivider shall dedicate lot 9 in fee to the city, or will be permitted to establish a subdivision trust on this lot to recover a portion of the cost of developing the street, The amount of the trust to be approved by the city. 4. Provide all necessary rear line utility easements. 5. Remove all trees from the street area, and remove all miscellaneous buildings within the tract. 6. Install all street improvements required by the Subdivision Ordinance. 7. Pay the following fees and deposits: I 7 Steel street light posts @ $135.00 $ 945.00 2 Street name signs @ 35.00 /7.0.'00 42 Street trees @ 8.50 357.00 8 Lots recreation fee @ 25.00 200.00 $1,572.90 8. The dwelling at 924 Holly Avenue shall be relocated to the satisfaction of the Holy Angels church and at no expense to the church. 9. This recommendation for approval is based on the subdivider installing full width standard street improvements from the present dead end of Fairview Avenue to Holly Avenue. Motion by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that Council accept the recommendation of the Planning Commission and approve the revised tentative map of Tract No. 25253 subject to the above conditions. Located on Sandra Avenue and Lenta Lane - 11 lots. Decision and action of Council held over from Council meeting of May 3, 1960. (Recommendation of Planning Commission for approval subject to conditions specified in minutes of May 3, 1960). Mr. Alfred Allen, 1045 West Huntington Drive (the subdivider) addressed the Council and advised that pursuant to the request of the Council . certain matters had been resolved, one of them being that he had secured additional property thereby gaining access to the north and eliminating the necessity of a cuI de sac. The Assistant City Engineer displayed a revised map, showing and explaining the changes made and Councilman Reibold moved that Council approve said revised tentative map. Councilman Butterworth seconded the motion. A general discussion ensued, and the question was raised as to whether Planning Commission's recommendation as specified in their letter of April 28, 1960 and incorporated in the minutes of May 3, 1960 should apply to the revised tract. The City Attorney suggested that the conditions that still apply should be added to the motion and that Council indicate their approval of the map in substance and requestcthe Staff to submit a report on the specific conditions that are still applicable. I Whereupon Councilman Reibold moved that Council approve in substance the revised tentative map of Tract No. 25782 presented at this meeting, 'and that the staff submit a report on the specific conditions that are still applicable. Mayor Camphouse seconded the motion. 10. 5-17-60 (Trac t No. 25782 - Continued) I BID AWARD (Trees) L/'198 Councilman Butterworth, upon being informed of the fact, stated that he had been unaware that Mr. Sorensen owned part of the tract and that he felt the standards of the ordinance should be followed except where there is an intransigeant party, but that since Mr. Sorenson is part and parcel of the subdivision the ordinance should be met if it is within the legal capabilities of the basic applicants. The City Attorney pointed out that while Mr. Sorenson is a party to the subdivision in that he presently is the record owner of the major portion of it, Mr. Allen is the subdivider and has options to purchase all the property that is within the subdivision map proposed; that whether all the lots shall have a 75' frontage is a matter for the City Council, as the lots do meet the square footage specification, and the ordinance likewise permits a modification thereof for reasons shown. Councilman Reibold stated that the basic decision is to determine whether or not the map as submitted is satisfactory or not, with which statement Councilman Butterworth agreed. Mayor Camphouse then called for a roll call, which was carried as follows: AYES: Councilmen Balser, Butterworth, Reibold, Camphouse ' ABSTAINED: Councilman Phillips NOES: None ABSENT: None The City Manager advised that the following bids were received on May 16, 1960 for the removal of trees from the center parkway of Santa Anita Avenue from Alta Street to 200 feet south of Camino Real: Barringer & Botke Johnson Tree Service California Tree Service Engineer's Estimate $3930.00 3942.00 " 4270.00 7200.00 He added that this is Phase 1 of the improvement of Santa Anita Avenue and is financed through budgeted State Gas Tas Funds and that it is recommended that the City Council award the Contract to Barringer & Botke. , ~ Councilman Phillips moved that Council accept the recommendation of the ~ ~ \ City Manager and the Director of Public Works; that a contract for the 11 removal of 71 trees located in the center parkway of Santa Anita Avenue $~? from Alta Street to 200 feet south of Camino Real be awarded to Barringer ~~~~ & Botke in the amount of $3930.00; that any irregularities or informalities in the bids or bidding process be waived, and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the work and in the amount specified, in form approved by the City Attorney; and that all other bid deposits be returned. Motion seconded by Councilman Balser and carried on ,roll call vote as follows: I The City Manager submitted a report by the Director of Public Works on the subject of street lighting on Santa Anita Avenue. (Report on file in office of the City Clerk). Said report' stated in part that concurrent with the reconstruction of Santa Anita Avenue arrangements have been made with the cooperation of the Southern California Edison Company and the ,-\Ov ~ 'JI \\'I))~1>~\) I REPORT ON SIDEWAL~9 f ,'.J' , STREET LIGHTING (Santa Anita Avenue) AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor Camphouse appointed Councilmen Balser and Phillips as a committee to confer with the Staff and study the report of the City Manager on sidewalks in the City and to report back to the Council. 11. 5-17-60 tfq :41 (S tree t Lighting - Sta Anita - Continued) ~ ~1/\0( :Y IY"PP ').~ Pacific Telephone Company to remove the existing utility poles from the center parkway of said street; that when installed the new system would be placed in a lighting maintenance district and the cost divided between the City and the abutting property owners on a 50/50 basis, Mr. Edwin Johnston, 1905 S. Santa Anita Avenue, inquired as to the manner in which the cost is assessed against the property owners and was advised that the assessment is based on the assessed valuation of the land only. To Councilman Balser's question as to the approximate cost per year to the property owners, he was advised that it would be approximately $6.00 or $7.00 per year. Councilman Reibold moved that the Council approve the recommendation of I the City Manager and the Director of Public Works and that the proposed program be approved and adopted and that the sum of $12,555.00 be appropriated and transferred from General Fund Reserve to capital Projects Account No. 285 and capital Improvement Projects Fund Santa Anita Avenue Street Lighting Account No. 206 and the Director of Public Works be authorized to proceed with the project. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse NOES: None ABSENT: None SANTA ANITA The City Manager advised that the Engineering Division has reviewed the AVENUE schedule for the construction and beautification of Santa Anita Avenue, ~Construction and submitted a map showing the revised schedule of work. He added that and all affected utilities have been contacted and have indicated a willing- Beautification)ness to cooperate and meet the schedule set forth and that the Engineer- jfr J ing Division will keep a close liaison with all utilities to coordinate ~I~ ~ the work to meet the times indicated. J.J:lDEXED , REFUND Councilman Butterworth moved that the City Council accept the recom- (Knutsen) mendation of the City Manager and the Director of Public Works and authorize the refund of the sum of $145.00 to the Knutsen Building Co., 39 East Duarte Road, Arcadia, for a steel street light pole paid for but not required to be installed in Tract No. 15558, Third Avenue and Leda Lane. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: f1~ rY\.:NDEXED REFUND (Eilau) ,4 ~, ' ,l1liDEXEL AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Butterworth and carried on roll call vote as follows that Council accept the recommen~ ' dation of the City Manager and Director of Public Works and authorize a refund to Mr. W. E. Eilau, owner of property at 469 West Norman Avenue, Arcadia, in the sum of $59.85 to cover the cost of a sewer lateral assessment which he paid when the main line sewer was installed in the street and which lateral has not been found, and also that the City waive the fee for a saddle connection to the main line, issue a permit for cutting the street, provide the re-paving at no expense to the property owner and provide all necessary inspection: I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None FUND TRANSFERS Motion by Councilman Butterworth, seconded by Councilman Balser and carried on roll call vote as follows that Council accept the recommendation of the City Manager and authorize the following fund transfers: 12. 5-17-60 (Fund Transfers - Continued) ",j.,i.>\) 4. -<,..v.\)y I MANAGER PRO TEM (Lortz) ACTING CITY CONTROLLER (Hard s ) ~, ~ ~ '19 q <V 1. Transfer $9,000 from Police Personal Services Account No. 120-1 to Police Automotive Equipment Account No. 120-51. 2. Transfer $150 from Police 'Building Improvement Account No. 120-55 to Police Automotive Equipment Account No. 120-51. 3. Transfer $300 from Police Communications Account No. 120-52 to Police Automotive Service Account No. 120-35. Transfer $4,100 from City Manager's Personal Services Account No. 102-1 to Police Automotive Service Account No. 120-35. AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Manager advised that pursuant to Section 503 of the City Charter he had appointed Mr. Charles E. Lortz, Director of Public Works, as Manager Pro Tem. Motion by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that Council approve the appointment of Mr. Charles E. Lortz, Director of Public Works, as City Manager Pro Tem. he City Manager advised that he had appointed Mr. Wayne Harris as Acting City Controller, effective May 16, 1960, pending the selection of a permanent Controller. He added that his additional compensation for such duties would be $75.00 per month. Motion by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the Council authorize an additional lNDEXEDcompensation of $75.00 per month being paid to Mr. Wayne Harris during such time as his appointment as Acting City Controller shall continue. AYES: Councilmen NOES: None ABSENT: None Balser, Butterworth, Reibold, Phillips, Camphouse "1 " Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the Recreation Commission and authorize the expenditure of $100.00 for the purchase of materials to construct rustic Redwood signs at the Wilderness Park; said money having previously been donated by the Arcadia Junior Women's Club and being currently held in a trust fund: WILDERNESS PARK ("..~\ 'V ~ ~NDEXBDAYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None I Motion by Councilman Reibold, seconded by Councilman Balser and carried unanimously that,Council accept the recommendation of the City Clerk and authorize her to call for bids and contracts for the publication of all fll legal notices or other matter required to be published in a newspaper of ~ \ '1 \ general circulation during the ensuing year; said bids to be opened "I June 20, 1960 at 11:00 A.M. and submitted to the Council at the regular ~NDEXE@eeting of June 21, 1960. CALL FOR BIDS (Legal Notices) REFUNDS Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the Mayor and City Clerk be authorized to refund the following sums to the following persons, being the unused portions of the investigation fees deposited in connection with applications for business permits: l.lP 1;;1 Richard W. d- ~fp ']/Rose Hills tUIDEXEll Callaway, 894 Fallen Leaf Rd., Arcadia Memorial Association, 1510 South Baldwin Avenue, Arcadia $12.50 $11.75 13. 5-17-60 iJ <Sj c; '$ (Refunds - Continued) COMMUNICATIONS: cf / 3/ INDEXED J-/ f}$:'1~ AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Mayor Camphouse ordered filed the communication of May 4, 1960 from the Church of the Good Shepherd commending the Council regarding their action in denying the request of the Golf Course to sell beer and the request for a bowling alley adjacent to the El Rancho shopping area. Mayor Camphouse, on behalf of the Council, accepted with regret the resignation of Mr. R. E. Davison, from the Planning Commission, effective as of June I, 1960, and added that a letter of commendation would be sent I to him, and also a scroll indicating his service to the community. INDEXED COUNTY ~Mayor Camphouse ordered filed notices from the County Boundary Commission BOUNDARY ~ that the City of El Monte has filed annexation proposal Nos. 230, 231, and COMMISSION 232, and an incorporation notice of the City of Monte Villa (southeast of , El Monte), since they have no effect upon the City of Arcadia. AUDIENCE PARTICIPATION ROOT /' (Y'\S~ McADAMS ("j (''\ '11 Mr. George R. Root, 39 LaPorte Avenue" Arcadia, addressed the Council, stating in substance that he could not secure final approval from the Building Department on the apartment building he had constructed at 39 LaPorte Avenue for the reason that one of his parking spaces was not 8' wide in accordance with the Code, and that this was caused by a large Oak tree on his property line extending two feet onto the one parking space. He continued, that in order to comply with the Building Code the removal of the tree would be necessary and that he hoped he would not be forced to do so. A general discussion ensued. Mr. L. M. Talley, Planning Secretary, explained that he would not have approved the original plot plan had the tree been shown thereon. He added that it was a beautiful tree and that it would be a shame to remove it, even if Mr. Root could legally do so as it is located half on Mr. Root's property and half on his neighbor's. That the situation at this time is that Mr. Root does not have the required parking space in accordance with the ordinance, in that there is only room to get one car in from the street and one from the alley and the Oak tree interfera with the alley, and that final approval of the building is being held up for that reason. The City Attorney stated that the Modification Committee's authority does not as yet extend to parking spaces and that the only apparent remedy at this time technically available to Mr. Root is to seek a variance from the provisions of the Code. The consensus of the Council being that final inspection of buildings being within the jurisdiction of the City Manager and not the Council, it was suggested by the City Manager that Mr. Talley confer with him the following day regarding the issuance of a final inspection certificate on the building subject to final approval of parking on an appeal for a zone variance. I 1'.... Mr. Dick McAdams, 860 W. Foothill Blvd., Monrovia, addressed the Council, stating that his firm (Saffell & McAdams) is the successful bidder for the construction of the new Arcadia City Library, and that their files and records are open for any information the Council may wish to acquire. He also requested that the Council take into consideration completing the entire library at one time, mentioning the fact that his firm had built the library in the City of Monrovia, and that deleting portions of the building for future construction can prove very difficult, if not impossible, and more costly. 14. 5-17-60 (McAdams - Continued) ~fl1f Mayor Camphouse advised that the matter is in the nands of the Board of Trustees and the Building Committee of the Library and expressed Council's appreciation for his invitation. MATTERS FROM CITY OFFICIALS ORDINANCE No.. 1080 (Adop ted) I rr; 0..\ ~ INDEXED RESOLUTION No. 3261 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1080, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING TO ZONE c-2 AND ZONE R-3 OF ALL THAT PROPERTY IN THE NORTHERN PORTION OF A..l'lNEXATION NO. 17-A, SOUTHWEST ARCADIA INHABITED, FRONTING ON DUARTE ROAD." Motion by Councilman Reibold, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1080 be waived: .I" .... AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1080 be adopted, Motion seconded by Councilman Phillips and carried on roll call vote '. ," , as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3261, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS CONCERN- ING AND DENYING THE APPLICATION OF RICHARD W, CALLAWAY, DOING BUSINESS AS RANCHO LANES, INC., FOR A PERMIT FOR THE OPERATION OF A 24-LANE BOWLING ALLEY AND RELATED FACILITIES IN SAID CITY." \1\ Motion by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3261 be waived: ~ \0 AYES', Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse INDEXED NOES: None ABSENT: None -. I Councilman Balser further moved that Resolution No. 3261 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, camp~ouse ABSTAINED: Councilman Phillips NOES: Councilman Butterworth ABSENT: None LIABILITY The City Manager advised that the following quotations on Comprehensive INSURANCE General Liability Insurance, including fire, theft, and material damage ,~~ vehicles owned by,. t~e City, were r~~eive<!.in the Co~t~.oller's office: I f) ~ ~~:~:s in~~~~ t~r~~::~~y Jl~okeJ:.s ,'. .: '.. $11 ~ 500'. 00 .5' QY \:rRDEXED Cass & Johansing, Brokers Indemnity Insurance Company of North America $14,222.21 The City Manager add~d that both quotations appear to be in accordance with the City's specifications and that there would be an additional $200.00 premium for removal of the care, custody and control clause by 15. 5-17-60 1/79 ~ (Liabili ty Insurance - Continued) CHAMBER OF COMMERCE ".,., If BONELLI ~5f LOT SPLITS /'1'>f BOARD AND COMMISSION VACANCIES LIBRARY BIDS /1'l S 10 ADJOURNHENT the In~emnity Insurance Company. Councilman Phillips moved that Council accept the recommendation of the City Manager, the City Controller and the Purchasing Officer and authorize the award of the insurance to Kuhrts, Cox & Brander, the policy to be submitted to the City Attorney for determination as to whether it,meets the requirements set forth in the specifications. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, Phillips, Camphouse ABSTAINED: Councilman Butterworth NOES: None ABSENT: None I The City Manager advised that the Arcadia Chamber of Commerce had expressed a desire to discontinue maintaining office hours at the Chamber of Commerce on Saturdays; that it has been their policy to stay open on saturday from 8:00 A.M. to 4:00 P.M., during which time they usually receive four or five telephone calls and two or three drop-ins. Mayor Camphouse stated that Council would review the matter. ,- , Councilman Phillips suggested that Mayor Camphouse write to Supervisor Bonelli thanking him for the improvements being made on Huntington place and commenting about the status of activity on the median strip between Michilllnua Avenue and San Marino. To Councilman Reibold's query as to the status of his suggestion that lot splits meeting all requirements be handled by the Staff, the City Manager stated that a report will be presented at the next Council meeting. Mayor Camphouse requested the' Council to consider the various vacancies occurring on the various Boards and Commissions on July 1, 1960, and the mode of order in making their choice of appointments. Councilman Phillips advised that the Library Building Committee has revi~wed the bids received on the new library and referred them to the Library Board for consideration at their meeting on May 19, 1960; that after receipt of the Library Board's recommendation, the Building Committee will meet again and prepare its recommendation for the Council. He added that the period for holding the bids open is 30 days beyond the bid date and recommended that the Council adjourn to May 31, 1960 for the purpose of considering the recommendations of the Committee and the Board. At 11:30 P.M. Councilman Phillips moved that Council adjourn to May 31, 1960 at 7:30 P.M. in the Council Chambers. Councilman Reibold seconded the motion and it was carried unanimously. ~~L ~#'~ Miyor / I ~~ City Clerk 16. 5-17-60