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HomeMy WebLinkAboutMAY 31,1960 I , - ROLL CALL LIBRARY ~99fo MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING MAY 31, 1960 Pursuant to the order of adjournment of the regular meeting of the City Council of May 17, 1960, the City Council of the City of Arcadia met in regular adjourned session in the Council Chamber of the City Hall at 7:30 P.M., May 31, 1960. PRESENT : ABSENT : Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse None Mayor Camp house announced that the spokesman for the Library Building Committee would make the report on the results of the bids received for the construction and furnishings of the new library building. (Construction) Councilman Phillips stated in part that the Building Committee had studied the recommendations of the Library Board of Trustees, as contained in their report dated May 19, 1960 (copies of which had previously been submitted to the Council); that the bids were somewhat higher than J originally anticipated; that the building would ultimately contain 36,000 square feet; that the close proximity to the high school had '\ increased the anticipated young adult useage; that the cost per square ~~ foot figured out to be $19.35, which appears reasonable when it is taken '\ into consideration that the original thought was about $20.00 per square foot based on $500,000.00 at 25,000 square feet; that the Building INDE Committee had prepared a recommendation dated May 25, 1960 providing for XEDacceptance of the low bid for said construction. l (Furnishings) I .. I \J ~ X INDEXED .' Councilman Phillips further stated in part that the bids on the furnish- ings were referred by the Building Committee to the City Manager and the Librarian for study, making specific reference to a letter from the City Manager dated May 26, 1960 recommending the acceptance of various bids for furnishings and equipment in the amount of $65,581.43 and the rejection of all other bids and proposals. Councilman Balser commented in part that satisfactory bids were not received on certain items, such as refrigerators and ranges, and that in his opinion those items could be purchased locally at a later date. The City Manager summarized his recommendations, which included shelving discussion and various items which were omitted. Councilman Phillips then moved that the City accept the low bid as submitted by Saffell & McAdam, Monrovia, in the amount of $546,995.00; that all other bids be rejected and the bid bonds of all unsuccessful bidders, with the exception of the second low bidder, be returned, and upon execution of the contract that the bid bond of the second low bidder be returned; that the Mayor and City Clerk be authorized to execute said contract in form approved by the City Attorney and City Manager. Motion seconded by Council- man Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibo1d moved that the changes made in the construction documents be approved and the cost of the project as determined by the bid awards be approved. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: 1. 5-31-60 1/99 7 AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips moved that the City accept the recommendations' of the Librar~an and the City Manager contained in the communication of May 26, 1960, and listed herewith, and award such contracts of the various low bidders on furnishings and equipment in the amount of $65,581.43, and that all other bids be rejected: LOWEST ACCEPIABLE BIDDER AMOUNT ITEM Western Contract Furnishers $2,023.50 A-2 " " " 2,753.28 A-3 " " " 2,495.04 A-4 " " " 265.92 A-5 " " " 127.20 A-6 " " " 81. 39 A-7 Associated Desk Co. 127.98 A- 7 - A Western Contract Furnishers 315.23 B-1 " " " 88.55 B-2 J " " " 1,459.56 C-1 " " " 645.57 D-1 " " " 231. 90 D-2 " " " 463.80 D-3 \. " " " 1,043.55 D-4 J " " " 91. 45 D-5 Associated Desk Co. 411.50 D-6 ~ " " 286.56 E-1 " " 131. 64 E-3 lNDEXED Remington Rand 4,789.93 F-1 \ " " 329.99 .F-2 " " 89.08 F-'3 " " 286.10 F-4 " " 288.44 F-5 " " 1,072.66 F-6 " " 538.30 F-7 " " 30.73 F-8 Associated Desk Co. 850.60 F-9 Remington Rand 354.96 F-10 " " 1,730.98 F-ll A. F. Milliron Co. 431. 25 G~4 " " " 67.45 G-5 Builders Specialty Co. 4,440.00 H-l " " " 9,150.00 H-2 " " " 629.00 H-3 " " " 2,520.00 H-4 " " " 244.00 H-5 .' " " " 80.00 H-6 " " " 244.00 H-7 " " " 538.00 H-8 Remington Rand 132.34 J-3 Angelus Floor Coverings 23,700.00 J-18 $65,581.43 Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None I I It was the consensus of the Council that the bids were very representative; there being eleven bids in all. 2. 5..31-60 )$416,000.00 r,\ \ V)(-\ $215,800.00 $631,800.00 I // Q9cf/ Upon recommendation of the City Manager, Councilman Balser moved that the C6U~ci1 .authorize the following fund transfers in order to carry out the aforesaid recommendations: AMOUNT FROM ACCOUNT TO ACCOUNT Reserve for capital Projects Account No. 285 Library Capital Projects Account No. 503 Unappropriated surplus General Fund Account No. 290 Library Capital Projects Account No. 503 INDEXED Councilman Butterworth vote as follows: TREE SPRAYING (Spittlebug) /'b~ }~ trNDEXEl MOTORCADE (Seelye) ~'71 I SALARY (Thahe1d) ~t/ CINDEXE BOWLING ALLEY (Shumaker) ~\;'I~ .INDEXED seconded the motion and it was carried on roll call AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Mayor Camp house extended congratulations to 'and thanked members of the Library Board of Trustees for their time and effort in making a new library possible. Mrs. H. A. Opel, Chairman of the Library Board of Trustees, expressed appreciation for the cooperation and assistance offered during the deliberations. Upon recommendation of the City Manager, Councilman Phillips moved that the City authorize the transfer of $1400.00 from the Council Contingency Fund Account No. 109.28 to the Service Division Account No. 132-47, to be used for the tree spraying project (Spittlebugs). Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, camphouse NOES: None ABSENT: None Regarding the request of Howard Seelye for permission to allow approximately 25 automobiles, accompanied by a small band, to drive through the City on June 4, 1960 at 5:00 o'clock P.M., Councilman Reibo1d moved that the request be granted. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Upon recommendation of the City Attorney, Councilman Reibo1d moved that the amount of $86.00 be authorized for payment to Ronald F. Thahe1d for services rendered to date in connection with the preparation of the Municipal Code, and that funds be appropriated from Account No. 107-1. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, camphouse NOES: None ABSENT: None The City Attorney advised that he had prepared a rough draft of a resolution denying the application of G. M. Shumaker for a business permit to operate a bowling alley at 1020-30 South Baldwin Avenue; that same had been prepared following his reading of the transcript of the public hearing 3. 5-31-60 ~1qJ held on the matter on May 17, 1960. Councilman Reibo1d stated in part that he had been concerned since the time of said hearing about the City's position in this particular matter, and requested Council's permission to allow the City Attorney to express his opinion as to the sufficiency of the evidence to sustain Council's action and the effect of an adverse court action. Whereupon the City Attorney tendered his opinion on the findings as follows: "The evidence presented during the hearing on the bowling alley, claiming that it was detrimental to the health, welfare, safety and public interest of the community, was very weak and probably not sufficient to uphold thl Council's rejection of a permit in court. On May 3, 1960, in connection with the Callaway hearing, I explained the purpose and effect of Ordinance No. 737 as amended by Ordinance No. 823, and poin~ed out that the burden was on the opponents to establish that the issuance of a permit on the conduct of the business thereunder would be detrimental or 'harmful to the public peace, health, safety, morals or welfare of the City of Arcadia (City of Arcadia minutes of 5-3-60, page 4). In the light of these statements and particularly the burden of proof involved, the record in the instant case may be summarized as follows: The communication of J. Davis Barnard, Pastor of the Arcadia presbyterian Church, expresses concern over the all-night operation of the bowling' alley and the sale of liquor or beer in connection therewith. His request is 'that this proposed bowling alley will not be permitted to function along the aforementioned lines.' The two Councilmen who favored the granting of the permit recommended the 2:00 A.M. closing and the restrictions on the sale of l~quor in the same manner as has been imposed on the other two bowling alleys. The next communication was from Edward A. Heiss, owner of R-3 property at 652 Fairview Avenue, who objected to night-long noise and traffic. He states 'The property is in a choice business area, the best in Arcadia, and the establishment of an amusement center to service surrounding communities is not in the best interest of Arcadia. It is surrounded by homes and choice apartments and any business beyond that required to maintain these residences is undesirable', and in closing suggests that the owner build suitable stores for lease. This is not sufficient to support the required findings. The next communication was submitted by persons whose addresses are 2000, 3100 and 3150 feet respectively from the nearest point of subject property. They object to'the bowling alley on a 24-'hour basis; assert that insuf- ficient off-street parking is provided; allege that bowling alleys usually contain pool rooms and cocktail lounges which by their very nature are injurious to the public welfare; that subject property is immediately adjacent to residential property. I Twenty-four hour operation is not presently contemplated by applicant and may be restricted by the Council. No building can be constructed without the required off-street parking. No pool rooms are contemplated in subject bowling alley, and the people of the State have already determined that cocktail lounges are not by their very nature injurious to the public welfare. Only one parcel of residential property abuts the proposed bowling alley site, and the owner of this property did not appear or protest. Other than for copies of protests to a requested variance on additional property filed with the Planning Commission, Mr. Heiss' communication represented the only owner of R-3 property within the entire block containing subject property. 4. 5-31-60 ff6~'o I The final communication was from Dr. Richard H. Hutchinson of 724 Fairview Avenue, Arcadia. His objections were to all-night operation; that we have enough bowling alleys in town already; that cocktail '"lounges and bowling alleys are too open; that league players are not bbjectionab1e but that other players are. , \ The first oral opposition was expressed by Mr. Lawrence C. Borquin; the purchaser of former City-owned property at 645 Fairview Avenue, which is in the next block from subject property and at least 260 feet from' the nearest point of subject property on which he proposes to build an apartment house. He stated: '....it is my opinion and'the people who have petitions feel it is not in the best interest of people of Arcadia to put in a bowling alley and it's detrimental to health, welfare of the majority of the property owners in this- area for the following reasons: ~) A bowling alley is not compatible with recently R-3 zoning in this area; 2) A bowling alley creates a lot of noise and 24-hour traffic; 3) A proposed bowling alley would create traffic on Baldwin and on Duarte which are not geared for heavy traffic.' Answering these three reasons, Council has in effect determined that a bowling alley in Zone C-2 is not per se incompatible with adjacent R-3 property. Twenty-four hour operation is not contemplated by either' applicant or the two Councilmen indicating their approval of the requested permit. As to the traffic on Baldwin and Duarte, both streets are planned as major arterials. Both are even truck routes. Both are approved by the State Highway Department as major City streets. Next, Mr. Buchanan spoke as an attorney representing Mr. Borquin, who submitted his opinion corroborating those of Mr. Borquin. Mr. Hackstedde of 333 West Camino Real, approximately 3500 feet from subject property, opposed the 24-hour operation. Next appeared Mr. Heiss personally, who stressed the economic factor. You gentlemen are the sole judges of the weight that should be accorded to the testimony presented in opposition to the permit. If you believe all the opponents' statements, they would seem to center around the operation of a cocktail lounge (and there are others in the same vicinity), of the traffic on Baldwin Avenue and Duarte Road (major traffic arterials)' and the objections of one non-contiguous R-3 property owner in the same block and of other R-3 owners further removed. If weight is to be given to the protests to the variance as filed with the Planning Commission, your attention should be called to the fact that all owners of C-2 property in the area who initially protested, the requested variance subsequently consented in writing to the, granting of it." , ' I . . The City Attorney then reviewed in detail all the testimony in opposition to the granting of the permit, advised the Council that they were the sole judges of the weight and creditability of such evidence, but expressed doubt that such testimony, even if believed, would support the required findings. He stated further that he was not telling the Council it had to reverse its decision, but cautioned them that an adverse court decision might very well require the issuance of the permit without any restrictions or limitations whatever. Discussion was then held on the evidence and manner in which a decision may be reversed; also that an application may be reviewed at any time after approval, it not being necessary to wait for the renewal period. Councilman Butterworth stated in part that it was difficult for him to differentiate between this bowling alley and the one which was also denied in the E1 Rancho Shopping District; that to reverse a decision at a meeting where very few citizens were present appeared to him to be poor public relations; that he fully understood that the Callaway matter 5. 5-31-60 5001 <> vi () ~ '" -<. 0 < LA '" r, 3 '" c '" 2 - r , ';0 c " ~ ,~ " .." \I Ir is a'c10sed situation inasmuch as the resolution has been adopted; that the applicant has his remedy should he choose to exercise it; that there apparently is need for another bowling alley and if that be true he would prefer to see it located in Arcadia where controls can be exercised and the revenue reverted to the City; that in all probability the bowling alley would be located just outside Arcadia in County territory where the City could not impose regulations. The City Attorney continued that in his opinion the evidence for denial was much stronger in the callaway situation; that there was much more in the transcript substantiating denial than in the Shumaker situation. He further stated that Ordinance No. 823, properly administered, is sound ani it would be unwise to misapply it or be unreasonable in its application. Councilman Balser stated in part that he would not personally change his vote, having voted against it; that in his opinion the testimony proved that the bowling alley would not be in the best interests of the community. Councilman Reibo1d spoke in favor of Ordinance No. 823; stating that he did not feel there had been sufficient evidence to deny the appli- cation; that if the decision were reversed it could be done by resolution and the public could be heard at the time of the adoption of the resolution; that certain restrictions could be embodied in said resolution for consideration by Council at the next regular meeting. Councilman Phillips commented in part that he would favor imposing restrictions in the resolution if the decision were reversed; that he disliked speculative permits; that he would also suggest construction time limits imposed. After further general discussion the City Attorney presented, explained the content and read the title of Resolution No. 3262, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS CONCERNING AND DENYING THE APPLICATION OF GRANDVILI ' M. SHUMAKER FOR A PERMIT FOR THE OPERATION OF A 24-LANE BOWLING ALLEY AND RELATED FACILITIES AT 1020-1030 SOUTH BALDWIN AVENUE IN SAID CITY." Councilman Balser requested that Section 4 of said resolution include the future Arcadia Avenue as well as the indicated Baldwin Avenue and Duarte Road, and movelkthat':tlie',l:eading of "the' f!lll body of Resolution No. 3262 be waived. Councilman Reibo1d seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Councilman Balser further moved that Resolution No. 3262 be adopted. Mayor camphouse seconded the motion which failed to carryon roll call vote as follows: I AYES: Councilman Balser NOES: Councilmen Butterworth, Reibo1d, Phillips, Camphouse ABSENT: None Councilman Reibo1d moved that Council reconsider the decision in the matter of G. M. Shumaker's application for a business permit to allow the operation of a bowling alley and related facilities at 1020-30 Baldwin Avenue. Councilman Phillips seconded the ~tion and it was carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibo1d, Phillips, Camphouse NOES: NeBe-?:, A J..." J, 1\ ABSENT: None 6. 5-31-60 / -f.' I I TRANSFER n;y ~~ INDEXED .5;, 0 U Councilman Reibo1d further moved that the City Attorney be instructed to prepare a resolution granting the application of Grandvi11 M. Shumaker for a permit for the operation of a 24-1ane bowling alley and related facilities at 1020-30 South Baldwin Avenue, Arcadia, with the following restrictions, said resolution to be presented at the next Council Meeting on June 8, 1960: (a) That the cocktail lounge be physically separated from the bowling lanes and that there be no means of direct entry to or from the cocktail lounge from or to the bowling lanes. (b) That no intoxicating liquor be served or permitted to be consumed upon the bowling concourse, except beer; that no intoxicating liquor, including beer, shall be served or permitted to be consumed upon any portion of the concourse during any time that Junior League training is scheduled or being conducted upon any of the bowling lanes. (c) That no bowling lane be operated or used between the hours of 2:00 o'clock A.M. and 6:00 o'clock A.M. on any day, and that no bowling lane be operated or used prior to 10:00 o'clock A.M. on any Sunday. (d) That no billiard or pool tables be kept or used upon the premises. (e) That complete plans for the proposed facilities be submitted to the City within 90 days after date of adoption hereof, and that construction in accordance with approved plans commence within 90 days' notification to applicant that the completed plans have been approved by the City. (f) That in addition to the parking places on subject property, applicant agrees to maintain under common ownership with the described property at least 50 automobile parking places on adjacent property of applicant, either so long as the bowling alley be maintained or until at least 50 additional parking places be provided upon other adjacent properties owned or to be acquired by applicant and held in common ownership with subject property. (g) That a plot plan of sufficient size and detail to show compliance with the foregoing be submitted to and approved by the Council within 30 days after date hereof. (h) That the violation of anyone or more of the foregoing shall constitute grounds for the modification or revocation of the permit hereby granted. ,',' .'..','..' Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibo1d, Phillips, Camphouse NOES: Councilman Balser ABSENT: None The City Manager presented a statement of fund transfers as follows: AMOUNT FROM ACCOUNT TO ACCOUNT $ 485. 102-1 (Manager's Personal 103- 50 (Clerk's Office Machines Services) & Furniture) 400. " 104-50 (Finance Off. Machines & Furniture) 540. " 109-55 (General City - City Hall Improvements) 3,915. " 120-54 (Police Other Equipment) 800. " 130-10 (Bldg. Dept. Materials & Supplies) 7. 5-31-60 -- ~ .1)00 ~. (TransfElr of AMOUNT FROM ACCOUNT TO ACCOUNT Funds - 700. 102-1 (Manager's ContinuEld) Personal Services) 130-50 (Bldg. Dept. Off. Mach. & Furn.) 800. 107-1 Attorney's Personal Services) 130-50 (Bldg. Dept. Off. Mach. & Furn.) 600. " 107-50 (Atty. Off. Mach. & Furn.) 525. " 131-50 (Engineering Off. Mach. & Furn.) 900. " 121-52 (Fire Comm. Equip.) 4,390. " 121-54 (Fire Other Equip.) 425. " 132- 54 (Street Equipment) I $14,480. 200. 150-30 (Recreation 150- 50 (Recreation Office Mach. & $14,680. Travel & Meeting Expense) Furn. ) BUDGET (1960-61) tp"\\ ~ tINDEXED ADJOURNMENT Councilman Butterworth moved that the recommendation of the City Manager regarding various fund transfers as listed be approved. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Upon recommendation of the City Manager, Councilman Balser moved that the public hearing on the 1960-61 Budget be scheduled for June 21, 1960 at 8:00 o'clock P.M. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibo1d, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibo1d moved the adjourned regular meeting be adjourned at 9:07 P.M. Councilman Phillips seconded the motion and it was carried unanimously. ~~~~ ATTEST: ~~~ I 8. 5-31-60