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HomeMy WebLinkAboutAPRIL 18,1972 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL 2f- /~G,5 1 19:8043 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 18, 1972 The City Council of the City of Arcadia, met in regular session on Tuesday, April 18, 1972 at 7:30 p,m, in the Council Chamber of the Arcadia City Hall, Rev, J, William Daum, Episcopal Church of Transfiguration Councilman Robert J, Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None On MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously, the minutes of the regular meetings of March 21 and April 4, 1972 were APPROVED, ELECTION CERTIFICATION The City Clerk certified to the results of the General Municipal Election as follows: "I, Christine Van Maanen, City Clerk of the City of Arcadia, County of Los Angeles, State of California, duly authorized by Resolution No. 4251 adopted by the City Council of said City on the 21st day of March 1972, do hereby certify that I have canvassed the returns of the General Municipal Election held in said city on the 11th day of April 1972 and find that the number of votes given at each precinct and the total number of votes given in the city for the following named candidates were as submitted in this certification." Said tabulation is hereinafter made part of the official record, 4-18-72 - 1 - EXHIBIT "A" 19: 8044 TABULATION SHEET ARCADIA MUNICIPAL ELECTION APRIL 11, 1972 CANDIDATES FOR CITY COUNCILMAN CITY CLERK PREC. TOT~L PREC. NO. HELMS GILB SAELID SCOTT VAN MAANEN VOTES REG. VOTERS 1 263 166 193 258 362 462 1252 2 182 136 149 205 289 -353 914 3 215 348 167 112 350 468 886 4 147 187 123 144 252 323 839 5 229 182 246 261 394 488 1637 6 133 105 208 120 248 312 776 7 315 249 474 186 519 667 1430 8 221 122 323 114 345 439 880 9 153 97 209 139 248 315 773 10 115 61 85 99 163 190 1194 11 160 89 95 135 202 249 1489 12 304 256 190 265 417 547 2039 13 256 182 174 201 334 424 1304 14 294 182 221 262 392 500 1576 15 154 113 110 120 210 266 883 16 232 111 143 179 293 350 1473 17 231 146 128 221 311 388 1292 18 136 82 74 133 173 221 811 19 176 128 104 158 243 302 863 20 269 158 173 218 333 429 1667 21 205 126 129 224 295 363 1322 22 136 120 112 132 205 265 1211 TOTAL 4526 3346 3830 3886 6578 8321 26,511 ABSENTEE VOTES j.l1 112 75 100 190 215 GRAND TOTAL 4637 3458 3905 3986 6768 8536 26,511 32.2 per cent - 2 - RESOLUTION NO. 4252 (Election) ADOPTED :jf.;l~3 ,I City Clerk takes oath , of office RETIREMENT (Councilman Considine) Councilmen take oath of office RAGE ELECTED MAYOR ARTH ELECTED PRO TEMPORE I RECESS AND RECONVENE HEARING (Nursery School) 5/B7o 19:8045 The City Attorney presented, explained the content and read the title of Resolution No, 4252, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 11TH DAY OF APRIL 1972, DECLARING THE RESULT THEREOF PURSUANT TO THE PROVISIONS OF THE CITY CHARTER." It was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The City Attorney then administered the oath of office to the City Clerk and presented her with a Certificate of Election, Mayor Helms then presented retiring Councilman Considine with a plaque expressing Council's appreciation of Mr, Considine's efforts and accomplishments during his eight year tenure on the City Council; for his integrity of thought, wisdom and judgment and for his real understanding of the problems of the community, He wished Mr, Considine Godspeed in the days ahead. The City Clerk then administered the oath of office to the newly elected Councilmen and presented each with a Certificate of Election, Section 404 of the 'City Charter provides that after any election at which a Councilman or Councilmen are elected, the first order of business is for the City Council to elect one of its members as its presiding officer who shall have the title of Mayor, He shall be the chief official of the City for all ceremonial purposes, He shall perform such other duties consistent with his office as may be prescribed by Council, The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. Whereupon Councilman Butterworth nominated Councilman Don W. Rage to act as Mayor for the ensuing year, Councilman Arth seconded the motion and further MOVED that the nominations be CLOSED. Councilman Scott joined in seconding the motions, which were carried unanimously. Mayoc Hage then nominated Councilman C. Robert Arth as Mayor Pro Tempore, Motion seconded by both Councilmen Butterworth and Scott and carried unanimously. Following a brief recess Council reconvened and responded to the following roll call: PRESENT: ABSENT: Councilmen Arth, Butterworth, Helms, Scott~ Rage None Planning Commission Resolution No, 767 granted a conditional use permit to Max M. Newman for the construction and operation of a pre- school and kindergarten on property known as 917 W. Duarte Road, This decision was appealed by property owners in the immediate vicinity and petitions were filed opposing the facility at said location, It was noted that the site contains a single family residence at the present time and is zoned R-3. Property to the north and east is zoned R-3 developed with single family residences and duplexes, Property to the south is C-2 developed with general 4-18-72 - 3 - 19:8046 Commercial stores; property to the west is R-3 developed with single family residences and apartments. The proposed facility would have a total floor space of approximately 28,620 sq. ft" and would accommodate 134 children with 14 employees at the beginning - expanding to 160 children with 16 employees at a later time. Hours of operation would be 6:30 a.m, to 6 p,m, Monday through Friday, The Planning Department was of the opinion that the proposed number of children would not be keeping with the residential character of the surrounding area and would cause a disruptive factor in the neighborhood, There is no specified area designated for loading and unloading of the children from cars and a loading area is essential for safety in such a development, Conditions under which the Commission granted the conditional use permit were explored. I Mayor Hage declared the hearing open and the applicant, Jerry Dukot, Marino Del Rey, owner of the Playhouse Pre-Schools, stated in part that he would comply with the conditions specified by the Planning Commission, In noting the number of children he said that number would be reduced to 120 with 12 employees some of whom do not arrive until 9 a,m, He did not feel there would be a parking problem in the mornings as the children and the employees arrive at different times, He felt the noise from the operation should not be a considered factor as the children are primarily ages 2 to 5 years and the play activity is not the type found on elementary school playgrounds, He said after 9 a,m. half of the enrollment play outside and the other half inside, They nap after lunch. Some of the children come only part time, He said further in part that the subject site is the least residential type area in which any of his schools are located and he has never encountered a traffic problem, He said the need for schools of this nature is great and noted statistics to this effect. Councilman Helms expressed concern about half the children being outside and half inside, Mr. Dukot said this is necessary because there would not be sufficient classrooms, He gave the dimensions of the regulation set down by the Department of Social Welfare, However, arrangements would be made for inside activities during inclement weather, In response to Councilman Scott's query as to whether or not the teachers would be accredited Mr. Dukot answered in the affirmative although he said this was not a requirement; that they have a teacher for about every 12 children and that conferences with elementary grade teachers have indicated that children who have attended pre-school Seem to do better in the grade schools, He said he did not have any statistical data to confirm this however. Arthur R. McIntosh, 1123 S, Golden West Avenue, opposed spot zoning for operations of the subject nature, He felt the location would present a traffic hazard inasmuch as Duarte Road is a major arterial; I' also that the school's proximity to the race track would be hazardous, He referred to other pre-schools in the city none of which are located On a thoroughfare such as Duarte Road. In answer to a question by Councilman Butterworth he stated in part that he was not concerned about the valuation of his property; he was concerned about the children's safety, During his presentation it was brought out that his property is on the northeast corner and is 50' x 140', Ed Goldstein spoke on behalf of the owner of 925 W. Duarte Road whom he said was of the opinion that free enterprise should be encouraged, however, there are four private and four or more church pre-schools in :the city, with about 40 others in adjacent communities, He felt the subject area is an established apartment district and should be So preserved. He asked for denial of the pre-school, 4-18-72 - 4 - 19:8047 Vernon E, Cox, 941 W, Duarte Road, felt there is little enough land left for multi-family development; that what is left on Duarte Road could be developed more densely and benefit the city economy; that future demands will probably be for two and three bedroom apartments and felt it would not be to the city's advantage taxwise to permit a pre-school in this apartment area. 1 Charlotte Riggs, 1111 Okoboji Drive, owner and operator of Playhouse Nursery School, representing the local nursery schools, stated in part that there are many such schools now which are not full at the present time, She felt the city has dropped in population and mentioned the loss of 4 children from her school just this week. She' expressed concern about the intention to have half of the enrollment outside and the other half inside, and urged denial. Betty C, Cox, 941 W, Duarte Road, representing Mrs, Florence Robertson, 931 W. Duarte Road and Mrs, Edna Gaffney, 935 W, Duarte Road, stated in part that the City's most important function is as an established suburban place of residence and felt this should be protected, That the apartment type living in the subject area will be seriously undermined should a pre-school be permitted and questioned any willingness to modify the recently adopted General Plan in the absence of any compelling reason, She shared the desire of the neigh- borhood to have the area upgraded, but felt the solution is not in the nursery school development, She circulated pictures of some of the quality apartments in her block and asked Council to continue such use. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. Councilman Arth observed in part that all schools require a conditional use permit in any zone; that Council has the right to approve or deny such an application after making determinations as to the effect on the public welfare and property values. That in this instance perhaps the applicant feels that locating in an apartment area would accommodate the many working mothers, He continued in part that it is spot zoning contrary to the General Plan which indicates the subject area for apartments and this should be encouraged, He also felt the traffic is an extremely hazardous factor, He pointed out that he firmly believes in the free enterprise system and is opposed to any effort to deny the subject application strictly because there might be enough of this type of business in the city, However, based on the other factors the development would in his opinion be undesirable. 1 Councilman Scott concurred with the views set forth by Councilman Arth and expressed concern that the corner lot would be practically isolated for any apartment development, He agreed that the subject area is run down, however, he did not feel the proposed facility is a compatible one for the area. Councilman Helms spoke to the traffic generated on Duarte Road which would create a hazardous situation for the very young children. Councilman Butterworth stated in part that Council could not decide zoning matters on the amount of taxes one operation will.bring over another; that as to a need for a facility this is not up to Council; if private enterprise wants to take a chance that is also not up to Council to decide, however, he was inclined to believe that a nursery school would be ineptly placed in this particular location. He noted the many times a commercial zoning has been requested for the subject corner and has been turned down because Council wanted to preserve the integrity of R-3 zoning, He also felt su~h-'a facility would practically sterilize the development of the corner lot unless 4-18-72 - 5 - 19:8048 Council altered its position and allowed commercial zoning there which would in turn disturb all of the R-3 properties, He would favor the retention of R-3 and the school should be located elsewhere in the city if it wants to come in. (MOTION TO DENY) Whereupon Councilman Butterworth MOVED to overrule the Planning Commission decision and that the conditional use permit be DENIED WITHOUT PREJUDICE to its relocating elsewhere within the city, , Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott~ Hage None None 1 HEARING (Furniture Store) Application of David M, Lee for a Council Permit to allow a used furniture and antique store at 164 W, Live Oak Avenue, This is a change of ownership only, The store has been so located for some time, Mayor Hage declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously, It was further MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unani- mously that the permit be issued, APPROVED ~~~3 '- HEARINGS SCHEDULED Planning Commission recommendations concerning 1) planned unit develop- ment regulations and 2) street setback lines were scheduled for public hearings on May 16, 1972, AUDIENCE PARTICIPATION: Paul Volgeli, 504 W, Norman Avenue, made'suggestions including the realignment of the podium in the Council Chamber, the agenda preparation and publicity, parking at the West Arcadia Post Office site, combining elections, the use of the City Newsletter as a poll for resident opinion in bond issues prior to elections, watering of city parkways particularly on Baldwin Avenue and also referred to a local resident's need for information from the City, AWARD OF CONTRACT The City Manager and the Director of Public Works reported on bids received for the improvement of Santa Clara Street Job No, 391 and made recommendation for the award of contract to the low bidder: ~/~7J Vernon Paving Company Norlund Company 0, J, Padilla Sully Miller Arnan Bros., Inc. H, E, Baker F. W, Richter Louis Lopez E. C. Construction Company Griffith Company $ 44,240, 45,666, 47,624, 48,290,95 48,751,75 49,369, 50,069.50 53,980, 55,404.50 6~,574, 1 (MOTION) It was MOVED by Councilman Arth, seconded by Councilman Scott and carried on roll call vote as follows that the recommendation of staff be accepted and that the contract be awarded to VERNON PAVING COMPANY in the amount of $44,240; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney, and 4-18-72 - 6 - WORK <: ACCEPTANCE (MOTION) I 1:'1-1,;1, I<. p; PARKWAYS LANDSCAPING 1 19:8049 further that the sum of $50,000 be appropriated from Unallocated State Gas Tax Funds for said purpose. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None The City Manager and Director of Public Works advised that Power Line Erectors, contractor for the Library Parking Lot Lighting, has satisfactorily completed said Job No, 384 and recommended acceptance thereof, Whereupon it was MOVED by Councilman Scott, seconded by Councilman Arth and carried on roll call vote as follows that the work be accepted and final payment AUTHORIZED in accordance with terms of the contract: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None Council received staff report dated April 14, 1972 on landscaping of parkways on Colorado Boulevard and other areas, It was noted therein that there are approximately 45 miles of streets with sidewalks. About 50 percent have sidewalks on one side. The report covered only the streets with property line sidewalks - a parkway strip between the curb and sidewalk. There are approximately 16 miles of streets with this type of sidewalk, The problems which might be encountered were explored as were the benefits to be'derived from parkway landscaping, Discussion held on the requests of some residents for deferment of this matter. Mayor Hage stated in part that the original idea was for the Director of Public Works to prepare a survey of what the obligations are in all areas not just on Colorado Boulevard. That in his opinion the report is very thorough and the information is needed for future Council decisions, It was brought out that due to the lengthy report perhaps some of the interested citizens have not had an opportunity to review it and submit their comments. Edward Passmore, 501 Santa Cruz Road, observed in part that he would like to review the report and that perhaps the Arcadia Beautiful Commission and the PLAN organization would also like to see it; that if Council desires to consider the total city the other groups might have some recommendations. Considerable discussion ensued on whether or not some decision should be made prior to budget adoption, the cost of sprinkler installation, plantings, etc. A desire was expressed for the thoughts and opinions of the pub lic, Councilman Arth MOVED to accept the report and to make it available to the public with the intent of Council that it will be brought back to Council for consideration prior to July 1, 1972, Motion seconded by Councilman Scott and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Rage None None Councilman Butterworth asked theDirector of Public Works to prepare a cost estimate for the uniform installation of planting in the parkways throughout the city and the annual cost for uniform maintenance. Same to be in the hands of Council at the time the matter is presented again. Councilman Scott requested the Director of Public Works to prepare a 4-18-72 - 7 - p: STORM DRAIN PROJECT 9602 (Holly Avenue) RESOLUTION NO. 4253 ADOPTED s : .s;to~H De~iN TRAFFIC SIGNALS (Contract award) -1- J~7"Z- Jo-~ 3 &'5'" (MOTION) 19:8050 cost estimate for the restoration of specific areas which were disturbed by the installation of sidewalks, It was the consensus of Council that there are indeed many problems to work out; for instance determining where sprinklers had been in the parkway area which had been replaced with sidewalks; the work load on the Department of Public Works in determining factors for the cost estimates. The Director of Public Works indicated his understanding of the desires of Council and will proceed along those lines. The City Manager and the Director of Public Works advised that the County Flood Control District had requested the City Council to formally approve the plans and specifications for this project and to grant permission to proceed with construction of the Holly Avenue Storm Drain extending. from Las Tunas Drive north to Lemon Avenue. It was noted that this project is the highest priority project in the 9602 Storm Drain Bond Issue Program and that with its completion the threat of flooding on El Monte Avenue would be eliminated. The work is scheduled to start .in June with completion within 120 calendar days thereafter, 1 Whereupon the City Attorney presented, explained the content and read the title of Resolution No, 4253, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO PROCEED WITH CONSTRUCTION FOR 1970 STORM DRAIN BOND ISSUE PROJECT NO. 9602." It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Rage None None The City Manager and the Director of Public Works reported on the following bids received for the installation of traffic signals at three intersections, namely; Baldwin and Fairview, Baldwin and Camino Real, Las Tunas and Holly; and made recommendations for the award of contract therefor, It was noted that the State and Federal agencies have approved the proposal to award the contract to the recommended low bidder and the project is to be financed with 71,3% Federal TOPICS Funds and 28.7% with State Gas Tax Funds, S & W Electrical Contractors, Inc, Fischbach and Moore Wi 11 iam R. Hahn Paul Gardner Corp, Sherwin Elec, Service Steiny and Company, Inc, A.E,C, Eagle Rock Phoenix Electrical Service Co, Grissom & Johnson, Inc. $ 40,472 43,835 44,944 45,893 46,376 48,005 44,800 48, 783 49,879 1 It was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows that the recommendation of staff be accepted and that the contract be awarded to S & W ELECTRICAL CONTRACTORS, INC., in the amount of $40,472; that all informalities in the bids or bidding process be waived, that all other bids be rejected and that the Mayor and City Clerk be authorized to execute the contract in form approved by the City Attorney: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None 4-18-72 - 8 - LIGHTING CALL ITA STREET 51d-~ I 1 (MOTION) CIVIC CENTER :j- 8'10 (MOTION) 1 ANNtii. COMMUNITY FAIR (Jaycees) (MOTION) 19:8051 The City Manager and Director of Public Works reported that in accordance with Council instruction staff has proceeded with plans for the proposed street lighting of Callita; the Edison Company has indicated it is ready to proceed and have presented an invoice in the amount of $3,817.54, It was also noted that to date 14 of the 21 affected property owners have deposited their estimated share of $40 each, The following bids were received for the work: Contractor Base Bid (5 lights) Alternate Bid (6 lights) Steiny and Company Fischback & Moore William R, Hahn AEC Eagle Rock Paul Gardner Sherwin Electric $ $ 5,058.00 5,040,00 5,238,00 5,580,00 4,435,00 4,515,00 4,325,00 4;000.00 4,528,00 4,700,00 3,766,00 3,737,50 . - \.~..... -., . " ' .' - ~'. - " The procedure was explained and in view of Council's current policy of sharing in such project costs as well as providing for such projects in the Capital Improvement Program staff recommended the award of contract to the low bidder: Whereupon it was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows that a system of 6 lights be installed by PAUL GARDNER of ONTARIO in the amount of $4,435 providing all property owners have made the required deposit prior to the execution of the contract by the Mayor and City Clerk in form approved by the City Attorney, AYES; NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None The City Manager and Director of Public Works reported that the heating and air conditioning system is in need of a thorough cleaning with a vacuum; that informal bids were solicited and received as follows: Chemical Fireproofing Commercial Exhaust Service Area Ventilation Service $' 3,750 3,630 3,224 It was noted that the low bidder has been checked and found to be satisfactory, Whereupon it was MOVED by Councilman Helms, seconded by Councilman Scott and carried on roll call vote as follows that a purchase order be issued to ARCO VENTILATION SERVICE, INC., in the amount of $3,224 and that the said sum be APPROPRIATED from Council Contingency Account. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None Council received the request of the Arcadia Jaycees for permission to use city property (large parking lot north of the City Hall) for its annual community fair on June 1 through 4, 1972, Particulars are set forth in its communication dated April 13, 1972, Discussion ensued On the conditions of approval and the City Attorney summarized conditions he would recommend be made part of the agreement in addition to those recommended by the City Manager and Director of Public Works. Emphasis was placed on receiving a favorable reaction from the two property owners to the north of the site. Whereupon it was MOVED by Councilman Butterworth, seconded by 4-18-72 - 9 - UNIFORM SERVICE RENEWED 8 p: '2f' PA ",RESIGNATION (Phillips) LAND SALE (Bids to be received) EXCESS FREEWAY LAND 'S- /J..13 (MOTION) 19:8052 Councilman Arth and carried unanimously that permission be GRANTED subject to the conditions of the City Manager, the Director of Public Works, the City Attorney, the Chamber of Commerce; that a reaction be obtained from the said two property owners and that the Jaycees comply therewith and with any decisions made by the City Manager and the Director of Public Works during the course of operation, On recommendation of the City Manager and the Finance Director it was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the contract with the All American Uniform Company for supplying uniform service be RENEWED for a two year period, I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Hage None None Council accepted with regret the resignation of Elton Phillips from the Library Board, Mr. Phillips and family will be leaving the area, His term would have expired June 30, 1973, Responsibility for filling this vacancy will be that of Mayor Hage and Councilman ,Butterworth, The Land Committee has authorized the sale of three lots from the easterly triangle of property at Indiana and Wheeler, One offer has been received, It was MOVED by Councilman Arth, seconded by Councilman Helms and carried unanimously that the City Clerk pubiish the intention to sell this property and to receive additional offers on May 16 at the regular council meeting, The City Manager advised that the State Division of Highways had informed the City that excess freeway land at the southwest corner of First Avenue and,the Freeway will soon be up for auction, It is presently vacant, zoned M-l with 14,762 sq, ft. The minimum bid price is $33,000, His report dated April 14 set forth in part that if the City purchased this property it would give the City greater control over its eventual development. It would also aid the City in its attempt to assemble the nearby properties to the west for Planned Commercial development as recommended in the General Plan, It would further preserve the opportunity for the extension of Newman Avenue to First Avenue should the City deem it necessary in conjunction with any future redevelopment of the properties bordered by Santa Anita, Colorado and the Freeway, He noted that the Land Committee is in favor of this acquisition. It was MOVED by Councilman Helms, seconded by Councilman Butterworth that staff be authorized to submit an offer on behalf of the City to the State for the purchase of the subject property beginning negoti- ations at the minimum bid price,of $33,000, 1 Councilman Scott stated in part that he has a long standing concern about the City owning parcels of property and asked why not wait until the State actually offers it for sale at auction, He felt property should not be purchased against a contemplated need, And asked if there is an urgent need at the present time. Mayor Hage noted that this property is a key lot to the total devel- opment of the area and if it were sold such a development would be completely stymied according to the General Plan, He favored going ahead with the purchase, Councilman Helms was concerned with the risk involved if it is not purchased. He stated in part that during the studies on the General 4-18-72 - 10 - 1 ORDINANCE NO. 1449 V ADOPTED SCOTT 1 BUTTERWORTH 19: 8053 Plan there was a great deal of trouble endeavoring to enV1S10n the future development of the property; that if the property were sold for a commercial use it would block off any possible access east from Newman, However, the property is vacant and available at this time and by acquiring it the integrity of the whole area and future devel- opment could be preserved, The City could always sell the land and recoup the investment. Councilman Arth stated in part that he would tend to agree with Councilman Scott, however, based on the studies made and this being a key lot in those studies he would favor the purchase of the property at this time. Councilman Scott observed once more that he could not go along with a purchase of property as a hedge against the time when someone might come in to develop the area. If Newman Avenue were to go through within say a couple of years he would concur but not without a definite reason. Councilman Butterworth stated in part that he agreed that Council should not be in the real estate business, but noted other exact instances where developments have been brought about by the city marshalling property without any definite assurance, That it is an activity which some years ago would have been very unusual for government, but it is now becoming more commonplace because once the land is gone it frustrates anything else. Mayor Hage then called for the roll call vote in the MOTION. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Hage Counc ilman Scott None The City Attorney presented for the second time, explained the content and read the tit le of Ordinance No, 1449, ent it led: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9255,1,10 OF THE ARCADIA MUNICIPAL CODE RELATING TO NONCONFORMING USES IN THE R-3 ZONE." It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1449 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Helms, Scott, Rage None None Councilman Scott stated in part that he was happy to serve the city and deemed it a real privilege. to his tenure with a great deal of anticipation. for the opportunity He looked forward Councilman Butterworth welcomed Mr. Scott and noted that he and Mr. Scott had worked together some years ago when Mr. Butterworth was a member of the School Board and Mr, Scott was the assistant business administrator of the district, Councilman Butterworth then asked about the progress of Mr, Muche, the boxing teacher. The City Manager explained the status of the matter. Councilman Butterworth also referred to the guarantee received at the time the City joined the Metropolitan Water District that the 4-18-72 - 11 - PROCEDURAL ORDINANCE WAIVED CHICAGO ftARK LAND V USE (Tempora~y) LEAVE/ABSENCE (Jensen) GRANTED EXECUTIVE SESSION RESOLUTION NO. 4254 ADOPTED ADJOURNMENT 19: 8054 City would have Feather River water and not Colorado River water, He asked that the documents in this regard be researched, In order to conside~ the following items, it was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the provisions of the Procedural Ordinance be waived, The City Manager advised that M, p, Mitrovich, cont~actor for a large storm drain project for the Cities of San Marino, Temple City and El Monte, is seeking a site for his construction headqua~ters in the Chicago Park area on the south side of LaSalle Street, He would place two mobile offices and some small construction equipment on the site which is not visible from either Peck Road or Cla~k Street, It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the request be granted on a temporary basis and subject to te~mination at any time on notification by the City Manager should there be an improper use of the property. 1 On recommendation of the City Manager and the Police Chief, it was MOVED by Councilman Helms, seconded by Councilman Arth and carried unanimously that Darwin Jensen be granted a leave of absence without pay through June 30 of this year. It was noted that this is due to an accident during off duty hours and his sick leave has been exhausted. At 10:20 p.m., Council adjourned to an executive session. Councilman Helms presented and read in full Resolution No, 4254, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CORRECTING RESOLUTION NO. 4236 RELATING TO THE SALARY OF THE CITY CLERK. " It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows that Resolution No, 4236 be ADOPTED. AYES: Councilmen Arth, Butterworth, Helms, Hage NOES: None ABSTAIN:Councilman Scott ABSENT: None At 10:30 p.m. the meeting adjourned sine die, ..,jJ)~ ~~~'--- 1 ATTEST: #~ ~~7?~ City Clerk 4-18-72 - 12 -