HomeMy WebLinkAboutJULY 3,1962
I. '""'^""
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
(June 19 &
26,1962)
15:5711
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JULY 3, 1962
The City Council of the City of Arcadia met in regular session in the
Council Chamber of the City Hall at 8:00 P.M., July 3,1962.
The Invocation was offered by Rev. Phillip S. Ray, Pastor of the First
Baptist Church of Arcadia.
Mayor Butterworth led in the pledge of allegiance to the flag.
PRESENT :
ABSENT :
Councilmen Balser, Phillips, Reibold, Turner, Butterworth
None
MOTION by Councilman Balser, seconded by Councilman Phillips and
carried unanimously that the minutes of the Regular Meeting of June
19, 1962 and the minutes of the Adjourned Regular Meeting of June 26,
1962 be approved as submitted in writing.
APPOINTMENTS TO BOARDS AND COMMISSIONS:
PLANNING
(Parker)
a:~~
~,
MOTION by Councilman Phillips, seconded by Councilman Reibold and
carried unanimously that Mr. James Parker, (presently a member of the
Civil Defense Board) be appointed to the Planning Commission to fill
the vacancy occasioned by the termination of the term of Mr. Harold
L. Acker, said term to run consecutively to June 30, 1966.
Councilman Phillips added that on behalf of the Council he extended
appreciation and commendation to Mr. Acker for his service to the
City for the past eight years.
CIVIL DEFENSE MOTION by Councilman Turner, seconded by Councilman Reibold and carried
(Surra) unanimously that Mr. Joseph Surra be appointed to the Civil Defense
JOn/'dAo.BOard to fill the vacancy occasioned by the appointment of Mr. Parker
Cb~ ~~-~to the Planning Commission, said term to run consecutively to June 30,
/,70-' 1964.
PERSONNEL
(Wells)
I
cz. (f'.-Vl.~
. /.?-..L.
RESOLUTION
NO. 3498
/
MOTION by Councilman Phillips, seconded by Councilman Balser and carried
unanimously that Mr. John A. Wells be reappointed to the Personnel
Board for a term to run consecutively to June 30, 1966.
Mayor Butterworth requested the City Clerk to write to the appointees
apprising them of their appointments.
The City Attorney presented, explained the content and read the title
of Resolution No. 3498, entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN OFFICIAL SALARY STEP
SCHEDULE FOR THE VARIOUS POSITIONS IN THE CITY EMPLOY, ESTABLISHING
AND REAFFIRMING THE VARIOUS POSITIONS IN THE CITY EMPLOY, ASSIGNING
NEW SCHEDULE NUMBERS TO SUCH POSITIONS, AND ALTERING AND ADJUSTING THE
MINIMUM AND MAXIMUM COMPENSATION FOR ALL POSITIONS IN THE CITY EMPLOY,
AND AMENDING ALL PRIOR RESOLUTIONS TO CONFORM HEREWITH."
MOTION by Councilman Phillips, seconded by Councilman
carried on roll call vote as follows that the reading
of Resolution No. 3498 be waived;
Reibold and
of the full body
...
1.
7-3-62
I.fi,~~
15:5712
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Councilman Phillips further MOVED that Resolution No. 3498 be adopted.
Councilman Turner seconded the motion.
Mayor Butterworth stated that inasmuch as the Council has received a
protest on the adoption of the salary plan the Council would hear any-
one who wished to speak to the matter before the adoption of Resolution
No. 3498 is voted upon.
Mr. Arthur Shunk, 515 West Live Oak Avenue, addressed the Council,
stating that as President of the Arcadia City Employees' Association,
he represented such employees. He added in substance that the Arcadia
City Employees Association opposes the adoption of the proposed pay
plan upon the reasons stated in a communication from said Association
dated June 30, 1962, copies of which were distributed to the Council,
the City Manager and the City Clerk.
I
Mr. Shunk continued, stating in part that the proposed new pay plan,
while it may be attractive to new employees, is less attractive to
present employees. That the stability plan, referred to as a raise,
is a bonus and would not help build up retirement funds. That the
Association requests the proposed pay plan be rejected and that the
present pay plan be retained and all employees granted a 7\% salary
increase.
Mayor Butterworth stated in part that the proposed salary plan, while
it has come to the Council with the recommendation of the Personnel
Board and the administrative staff, including the City Manager, none-
theless is a plan of the Council; that it is familiar with the plan and
on its own initiative approved it and accepts full responsibility for it,
Mayor Butterworth continued that the request of the Arcadia City
Employees' Association for a 7\% pay increase is respectfully declined.
That the Council recognizes that there may be inequities in any new,
comprehensive salary plan such as the subject plan, and that the
Council is anxious to see such inequities removed if an inequity
can be demonstrated. That it is the thinking of the Council, however,
that in the event evidence of specific inequities come to the attention
of the Employees' Association, in order that they may be corrected,
they should be brought to the attention of the Council through the
usual channels, including presentation to the staff and the Personnel
Board.
The City Manager added, that regarding the matter of building up
retirement funds, the employee may, if he so wishes, have additional
funds deducted from his salary and added to the retirement fund, and
also if he so desires, his entire stability amount may be so added;
that such matter should be taken up with the Controller.
I
The City Manager continued that of the 272 listed positions there is
a total of ten employees who will not be better off at the end of the
year under the new plan than they would have been under the old; that
it is recognized that there are several problems involved and perhaps
some inequities that exist; however, they are under study and a
report will be forthcoming to the Council in a very short time. Also
that he did not think the request as contained in the aforementioned
letter is the request of the greater number of City employees that
belong to the Association as there is evidence to the contrary that
this does not represent the majority thinking of the entire City
Employees' Association; that there are a few justified in asking for
reconsideration and they will receive it.
2.
7-3-62
HEARING
(Budget)
l-!f 90,3
RESOLUTION
NO. 3499
$- 'to ~
I
HEARING
(Aro~~/f.1/
ri"V
_1~
'J ~.j ,
15: 5713
No one else desiring to speak, the following roll call was taken of
the motion made:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSEN'1' : None
The City Clerk advised that notice of the hearing 9n the proposed 1962-63
budget had been published and that copies of said budget have been on
file in her office and available for public inspection, all as required
by the City Charter.
Mayor Butterworth then declared the hearing open on the proposed budget
for the fiscal year 1962-63, and inquired if anyone desired to be heard
regarding the matter.
The City Manager submitted a report from the Controller dated July 3,1962
advising that in reviewing the said budget as submitted to the City Clerk,
certain typographical errors had been noted and that attached to said
report were revised pages 85, 86, 87 and 90 of said budget; also that
said budget should be changed to reflect corrections on page 73.
Whereupon Councilman Phillips MOVED that the Council accept the
reco~ndation of the City Manager and the City Controller and correct
the budget heretofore filed with the City Clerk in accordance with the
report dated July 3,1962 from the City Controller and tendered by the
City Manager. Councilman Balser seconded the motion which was carried
unanimously.
No one in the audience desired to speak.
Councilman Reibold pointed out that in the process of adopting the budget
the Council has not officially adopted the tax rate that the budget
carries as that will actually take effect in August.
Councilman Phillips commended the City Manager and staff on the prepa-
ration of the budget and the Council concurred.
No one else desiring to be heard Councilman Reibold MOVED that the
hearing be closed. Motion seconded by Councilman Balser and carried
unanimously.
It being the consensus of the Council that the budget for the fiscal
year 1962-63 be adopted, the City Attorney presented, explained the
content and read the title of Resolution No. 3499, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
ADOPTING THE OFFICIAL BUDGET FOR THE FISCAL YEAR 1962-1963."
MOTION by Councilman Turner, seconded by Councilman Phillips and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3499 be waived:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSEN'1' : None
Councilman Turner further MOVED that Resolution No. 3499 be adopted.
Motion seconded by Councilman Phillips and carried on roll call vote
as follows:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSEN'1' : None
Mayor Butterworth declared the hearing open on the application of
Michael Tauber-Paul Arons Co., Auctioneers, for a permit to conduct an
auction on July 10, 1962 at 15 East St. Joseph Street, from 10:00 A.M.
to 5:00 P.M. of machinery, equipment and fixtures of Orion Engineering
3.
7-3-62
,
~
HEARING
(Maudlin)
ry/
..y
....
110
HEARING
(Tulak)
~1- 9/1
15:5714
Company. He added that the Council would hear anyone desiring to
speak to the matter.
Mr. Bert Arons (applicant), 8833 Sunset Boulevard, Los Angeles,
addressed the Council, stating that he had nothing to add to his
application. In answer to Councilman Reibold's question, he
advised that no items would be moved in for the purpose of the
auction; that only those items on the premises would be sold.
No one else desiring to be heard Councilman Reibold MOVED that the
hearing be closed. Councilman Phillips seconded the motion whi~h
was carried unanimously. 1
Councilman Reibold further MOVED that the Council accept the recommen-
dation of the City Manager and authorize the issuance of a permit for.
a business license to Michael Tauber-Paul Arons Co. to conduct a public
auction sale at 15 East St. Joseph Street on July 10, 1962, from 10:~0
A.M. to 5:00 P.M. of machinery, equipment and fixtures of Orion
Engineering Company. Councilman Phillips seconded the motion which
was carried unanimously.
Mayor Butterworth declared the hearing open on the application of
Walter Maudlin for a permit to operate a used car lot at 154 East
Huntington Drive to be known as Santa Anita Motors, and inquired if
anyone desired to address the Council on the matter.
Mr. Maudlin (the applicant)103 North Fifth Street, Alhambra, addressed
the Council and stated that he had nothing to add to the information
as contained in his application.
No one else desiring to be heard, Councilman Phillips MOVED that the
hearing be closed. Councilman Balser seconded the motion which was
carried unanimously.
Councilman Phillips further MOVED that the Council accept the recommen-
dation of the City Manager and authorize the issuance of a permit for
a business license to Mr. Walter Maudlin to conduct a used car lot at
154 East Huntington Drive, to be known as Santa Anita Motors, Monday
through Sunday, from 9:00 A.M. to 9:00 P.M. Councilman Reibold
seconded the motion which was carried unanimously.
Mayor Butterworth declared the hearing open on the application of
Robert J. Tulak for a permit to solicit door to door for the purpose
of offering free termite inspection and sale of service, and inquired
if anyone desired to address the Council.
The applicant, Robert J. Tulak, addressed the Council, stating that
he resided at 13522 Clinton Street, Garden Grove, California, and
represented Chemical Engineers Termite Control, Inc. and that he had
no supplemental information to add to his application. 1
In answer to various questions of the Council, the applicant answered
in substance that he was familiar with the City's ordinance prohibit-
ing solicitation where the residence is so posted; that he proposed to
be the only solicitor in Arcadia; that there is no charge for inspection
but that a price list is shown and a firm price made prior to
commencement of service; that it is impossible to estimate the
average cost as each job is different; and that a business card is
left at residences contacted.
The City Manager pointed out that the northeastern section of the
telephone book which serves Arcadia has termite control listings
and ads covering six pages in the classified section, many of such
ads offering free inspection service; that the listings cover
4.
7-3-62
1
HEARING
(Zone Change -
Revay)
J- 9/02
1
15:5715
approximately 40 companies in the area with several in Arcadia, and
that these companies apparently have not found it necessary to
solicit door to door.
Mayor Butterworth apprised the applicant that should the Council
approve his application and thereafter complaints are received from
home owners regarding the service that the Council could issue a
request that the applicant appear before the Council in rebuttal.
No one else desiring to be heard Councilman Turner ~ that the
hearing be closed. Councilman Phillips seconded the motion which was
carried unanimously.
General discussion ensued.
Councilman Phillips stated in part that in his opinion termite
inspection seems to be outside the realm of door to door solicitation
in that it is a service that one normally expects to call in; also
that he objected to the wording "Free Termite Inspection" and that
he did not favor this type of door to door solicitation.
Councilman Turner stated in part that statistically there is a turnover
in the sale of homes in Arcadia averaging between three to five years
and that inasmuch as the majority of escrows provide for termite
inspection and clearance prior to the close of sale it could be
concluded that the majority of homes in Arcadia receive adequate
termite inspection and clearance.
There being no further discussion, Councilman Reibold MOVED that the
Council deny the application of Robert J. Tulak for a permit to
solicit door to door for the purpose of offering free termite
inspection and the sale of service. Councilman Phillips seconded the
motion which was carried unanimously.
Mayor Butterworth declared the hearing open on Planning Commission
Resolution No. 448, recommending the denial of an application of
Elizabeth Revay and others, as owners, for a change of zone from
Zone R-3 to Zone C-2 on property located at 745 to 805 West Duarte
Road.
The Planning Director exhibited an aerial photograph of the subject
property and adjacent property. He advised in substance that the
property is zoned R-3; that although it is near commercial property
the Planning Commission is of the opinion that there is no need for
expanding commercial zoning at this time; that there are small shops
on Baldwin Avenue and that the development of the subject property
to R-3 uses similar to other new development in the area would be
more desirable than improvements with more small commercial uses;
that the requested rezoning would constitute spot zoning and is not
justified by good zoning practice.
Mayor Butterworth then inquired if anyone in the audience desired to
speak to the matter.
Mr. Thomas R. Sheppard, 1225 Medford Drive, Pasadena, addressed the
Council, advising that he is an attorney representing the property
owners requesting the zone change, and that on their behalf he
desired a two months continuance of the matter. He stated in part
that the reasons for the continuance request were that subsequent to
the decision on the application by the Planning Commission the
property owners have united, looking toward the sale of the property
for a purpose which might be beneficial to the City; that if a
continuance is granted at this time the Council might see fit in the
future to refer the matter back to the Planning Commission for further
study if the pending negotiations culminate satisfactorily.
5.
7-3-62
HEARING
(Lot Split No.369
Brown)
a:.2,ihLv,r,
\/:MA;d~
ZONE VARIANCE
(Ward)
:!-9/3
RESOLUTION
NO. 3497
/_t
.
..J-
,I
9.
.'
-,
'--
15:5716
No one else desiring to be heard and it being the consensus of the
Council that the request was well taken, Councilman Reibold MOVED
that the hearing on Planning Commission Resolution No. 448 be
continued to the regular Council meeting of September 4, 1962 at
8:00 P.M. Councilman Phillips seconded the motion which was carried
unanimously.
Mayor Butterworth declared the hearing open on the appeal of Mr. Pat
B. Brown from Planning Commission denial of request for a lot split
at 102 East Longden Avenue.
The Planning Director directed attention to the property in question
on a map of the area and explained the background of the matter and
the reasons for the recommended denial by the Planning Commission.
He added that another lot split request in the same area was coming
before the Planning Commission which could affect this requested lot
split; that it would open up Greenfield Avenue which is now a cuI de
sac. He then recommended that the Council await the outcome of the
action of the Planning Commission before making any decision on the
subject matter.
1
Upon being advised that he would be given full opportunity to present
his case at such time, the appellant indicated that it was agreeable
with him that the Council withhold considering the merits of this
action until the lot split request mentioned by the Planning Director
is determined.
Whereupon Councilman Balser MOVED that the matter of the appeal of
Pat B. Brown from Planning Commission denial of ' request for a lot
split (No. 369) at 102 East Longden Avenue, be continued to the
regular Council meeting of August' 21, 1962. Councilman Phillips
seconded the motion which was carried unanimously.
Planning Commission Resolution No. 452 recommending approval of the
application of William B. Ward, et aI, as owners, for a zone variance
to permit the existing building at 110 LaPorte Street in Zone C-2,
to be used for light manufacturing of missile and aircraft components.
The Planning Director explained that there were no protests to the
granting of the variance at the hearing before the Planning Commission;
that the lot is developed with two buildings, one of which is frame
and used as an auto repair shop; that the second building for which
the variance is requested is cement block and is occupied by an
instrument repair firm that in ~he opinion of the Planning Commission
is more desirable than the former use as an automobile repair shop
which is permissible in Zone C-2; that the subject property lies
within the area under study for a light manufacturing zone.
MOTION by Councilman Reibold, seconded by Councilman Phillips and
carried unanimously that the Council sustain the Planning Commission
in its recommendation as embodied in its Resolution No. 452 and
authorize the granting of a variance to William B. Ward, et aI, as
owners, to permit the existing building located on the rear of Lot
36, Block 81, Santa Anita Tract (110 La Porte Street) to be used for
light manufacturing of missile and aircraft components in Zone C-2
subject to the conditions as set forth in said Resolution No. 452.
1
The City Attorney then presented, explained the content and read the
title of Resolution No. 3497, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE
UPON CERTAIN CONDITIONS FOR THE USE OF THE EXISTING BUILDING AT 110
LA PORTE STREET FOR LIGHT MANUFACTURING AND ASSEMBLY."
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. 3497 be waived:
6.
7-3-62
1
TRACT NO. 22335
(Tentative)
J9/1
1
TRAC,T NO. 27403
(Tentative)
:; 9/6
15:5717
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Councilman Phillips further ~ that Resolution No. 3497 be adopted.
Motion seconded by Councilman Balser and carried on roll call vote as
follows:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Located on the east side of Sixth Avenue, 100 feet south of Beverly
Drive, consisting of two properties known as 2320 and 2322 South
Sixth Avenue, and proposing six new lots.
MOTION by Councilman Balser, seconded by Councilman Phillips and
carried unanimously that the Council accept the recommendation of
the Planning Commission as embodied in its communication to the
Council of June 28, 1962, and approve the tentative map of Tract No.
22335, subject to the following conditions:
1. Dedicate a 15 foot radius at the southeast corner of Sixth
Avenue and "A" Street. Complete the dedication of the cuI de sac at
the corner of lot 6.
2. Dedicate a 5 foot planting and sidewalk easement completely
around "A" Street.
3. Make lots 1 and 2 each 75 feet wide. Make lots 3, 4, 5 and 6
a uniform width at the building line.
4. Include the parcel east of lot 5 in the tract.
5. Provide all necessary rear line utility easements.
6. Remove all buildings and structures within or across the tract
boundaries prior to the signing of the final map.
7. Remove all trees from the street right of way.
8. Install all standard street improvements required by the
subdivision ordinance. Improvements, grading, grades and drainage
shall be to the satisfaction of t he Director of Public Works. Minimum
grade of 0.4% will be required.
9. Pay the following fees:
Installation of street trees
Installation of street name signs
Installation of steel street light
6 lots recreation fee @ $25
Total
$76.50
70.00
posts 230.00
150.00
$526.50
10. A covenant in form approved by the City Attorney shall be
recorded agreeing that for the purposes of Article IX of the Arcadia
Municipal Code the exterior boundary line of said tract shall
constitute the rear lot line of lots 3 to 6 inclusive.
Located on Santa Anita Terrace, west of Santa Anita Avenue, contain-
ing 8 lots.
MOTION by Councilman Phillips, seconded by Councilman Turner and
carried unanimously that the Council accept the recommendation of
the Planning Commission as embodied in its communication of June 28,
1962 to the Council, and approve the tentative map of Tract No. 27403,
subject to the following conditions:
7.
7-3-62
TRACT NO. 27444
(Tentative)
J 9/&
15: 5718
1.
Provide all necessary rear line overhead utility easements.
2.
In~tall all standard street improvements required by the subdivision
ordinance. Improvements, grading, grades and drainage shall be
to the satisfaction of the Director of Public Works. Minimum
grade of 0.4% will be required. The structure across the channel
shall be constructed full street right of way widths.
3.
Remove all trees from the street right of way.
4.
Relocate the garage from lot 8 to serve the dwelling at 123 West
Camino Real.
5.
All structures within tract boundary
to meet Municipal Code requirements.
.h.11 ,. c....., oc c.....,.' III
6.
Pay the following fees:
Street tree installation
Street light installation
8 lots recreation fee $25.00
$153.00
230.00
200.00
$583.00
Total
7. Upon completion of improvements to the approval of the Director
of Public Works, the City shall pay to the developer the deposit
for bridge construction under Tract No. 25803 (westerly of this
trac t) .
8. The City shall dedicate lot 17, Tract No. 25803 and lot 11, Tract
No. 21215 for street purposes.
Located north of Longden Avenue and west of Second Avenue - 36 lots.
Extensive discussion ensued with regard to the development of the
subject property. It was stated that attempts to develop this
property have been considered for many years; that recently an
attempt was made by the developer to secure additional land both to
the north and south but was unsuccessful; that this proposed tract
when compared with two other plans previously submitted appears to be
the best available plan; that it provides excellent traffic circulation
by the added connection to Longden Avenue and an almost uniform tract
boundary.
Mayor Butterworth advised that he had received a telephone call from
Mr. Hoffeditz informing him that the tentative map he had submitted
to the Planning Commission had been materially the same as the
subject map but that his plan had not been approved and that he
questioned the approval of this map.
The Planning Director replied that as he recalled, there were sub- 1
stantial differences in the two maps and explained same. Councilman
Balser stated that he also recalled that there are material differences
in the two maps and that he believed the subject map is the best
development for the area and as good as any that will be received.
The Planning Director read a letter from Mr. Bauman, the developer, in
which he stated in substance that he was aware that the subject map
did not entirely meet the subdivision requirements; that the area has
long been a problem but that many difficulties have been overcome and
additional property purchased at great expense in an endeavor to make
better lots.
In answer to questions of the Council, Mr. Bauman answered
three lots of 66 foot depth are all the property remaining
ing for the street; that attempts to purchase 34 feet from
that the
after provid-
the five
8.
7-3-62
15: 5719
owners of the property to the south have been unsuccessful; that it
would not be practical to let them remain outside the tract as this
would detract from the balance of the tract. That it was proposed
to build homes costing approximately $32,000 and that they could be
designed in such manner that the lack of depth would not be discernible
from the street. He cited Magnolia Lane as an example of what can be
done with shallow lots.
1
There being no further discussion and it being the consensus of the
Council that the subject tentative map is the best solution of a
problem area, Councilman Balser ~ that the Council accept the
recommendation of the Planning Commission as embodied in its
communication of June 28, 1962 to the Council and approve the
tentative map of Tract No. 27444 subject to the following conditions:
1. The City shall accept the offer of "future street" dedication
for First Avenue between Las Flores Avenue and the north line
of the tract. This street to be opened and improved by the
subdivider.
2. Dedicate a 5 foot planting and sidewalk easement along each side
of Arthur Avenue and Louise Avenue.
3. Dedicate Arthur Avenue 49 feet wide and dedicate one foot in fee
to the City between Lots 32 and 33.
4. Rearrange the lines of lots 25 and 26 to clear the swimming pool
on lot 24. The pool shall be covered or otherwise protected
until completion of a new house on the lot, according to Code
requirements.
5. Relocate or remodel the dwellings at 2113 South Second Avenue
and 51 E. Longden Avenue and the garage. at 2111 South Second
Avenue to conform to new lot lines.
6. Provide all necessary rear line utility easements.
7. Remove all other buildings and structures within the tract except
the dwellings at 2111 South Second Avenue, 25 E. Longden Avenue
and 33 E. Longden Avenue.
8. Remove all trees from the street right of way.
9. Install all standard street improvements required by the subdivision
ordinance. Improvements, grading, grades and drainage shall be to
the satisfaction of the Director of Public Works. The minimum
grade shall be 0.4% or a minimum storm drain to Second Avenue will
be required.
I
10. Construct a 6 foot high solid grape stake fence, or other approved
equal fence along the property between lots 32 and 33.
11. Pay the following fees:
Street tree installation
Street light installation
Street name sign installation
36 lots recreation fee @ $25.00
Total
$654.50
1610.00
280.00
900.00
$3444.50
12. A covenant in form approved by the City Attorney shall be
recorded agreeing that for the purposes of Article IX of the
Arcadia Municipal Code the exterior boundary line of said
tract shall constitute the rear lot line of lot 18.
Councilman Reibold seconded the motion which was carried by the Aye
vote of Councilmen Balser, Phillips, Reibold and Turner - Mayor
Butterworth voting No.
9.
7-3-62
ZONE CHANGE
(11 ve Oak)
1./, C;, f7,
ZONE VARIANCE
(Dorothy
Stevens)
3/'30
ZONE VARIANCE
(Robert R.
Stevens)
N, <;;, P-
BID AWARD
(Pumping
Equipment -
Peck Road)
:19/7
BIRD NUISANCE
(Hearing)
--J~
15:5720,
Planning Commission Resolution No. 451 recommending certain zone
changes on the north side of Live Oak Avenue (between Santa Anita
and Second Avenues).
Said matter requiring a public hearing, Councilman Phillips MOVED
that the hearing be scheduled for July 17, 1962. Councilman Balser
seconded the motion which was carried unanimously.
Planning Commission Resolution No. 453 recommending APPROVAL of zone
variance request of Dorothy M. Stevens to allow the continued
operation of a children's day nursery at 530 West Las Tunas Drive.
An appeal from said decision having been duly filed and said matter 1
requiring a public hearing, Councilman Balser MOVED that the hearing
be scheduled for August 7, 1962. Motion seconded by Councilman
Phillips and carried unanimously.
Mayor Butterworth declared that since no action can be taken until time
for appeal elapses the request of Robert R. Stevens to allow the
construction and operation of a convalescent home at 410-418 West
Huntington Drive (Planning Commission Resolution No. 454 recommending
approval) will be held over until the appeal period has passed.
Following bids received June 26, 1962 for furnishing and installing
pumping equipment for Peck Road Pump Station:
Layne and Bowler Pump Company
Byron-Jackson Pumps, Inc.
Wintroath Pumps, Division of Worthington
Johnston Pump Company
Fairbanks, Morse and Company
Peerless Pump Company
U. S. Pumps, Inc.
$39,317.52
39,995.00
Corp.40,243.00
41,778.00
42,083.60
45,847.00
45,900.00
In addition to the basic bid, two optional items were offered at
extra cost as follows:
Water Level Safety Switch-on Surge Tank
Hook-up of Engine Instruments & Control.
(maximum)
45.76
300.00
MOTION by Councilman Phillips, seconded by Councilman Balser and
carried on roll call vote as follows that the Council accept the
recommendation of the City Manager and the Water Superintendent;
that a contract for the,pumping equipment as specified and the
optional items be awarded to the low bidder, Layne and Bowler Pump
Company, in the amount of $39,663.28; that all other bids be
rejected; 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 contract and in the amount specified, in form
approved by the City Attorney:
1
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
An appeal to the City Council having been made by Mr. and Mrs. Louis
E. Udlenik from the recommendation of the City Manager to abate a bird
nuisance at 504 West Lemon Avenue, pursuant to a complaint filed by
John H. and Vera M. Colvin, John S. and Lois Eberly and Alfleda
Fisher, Councilman Phillips ~ that as provided in Section
4139.3 of the Arcadia Municipal Code a public hearing on this matter
be scheduled for August 7, 1962 at 8:00 P.M. in the Council Chamber
of the City Hall. Councilman Turner seconded the motion which was
carried unanimously.
10.
7-3-62
QUITCLAIM DEED
(Arboretum)
rr:.~
1
1958 STORM DRAIN
BOND ISSUE
:75/'0
DEVELOPMENT OF
R-3' PROPERTY
(f: ~<- <4if
Ae~
COUNCIL POLICY RE
CONFERENCES AND
MEETINGS
Y (,;.' r:
ARCADIA
INDUSTRIES, INC.
:1701
1 ~~~~~~ OF
Sf- 9/fS
RESOLUTION NO. 3500
15:5721
MOTION by Councilman Balser, seconded by Councilman Reibold and
carried unanimously that the Council accept the recommendation of
the City Manager and in compliance with the request of Los Angeles
County and the State Arboretum, authorize the Mayor and City Clerk
to execute a quitclaim deed to Los Angeles County of that certain
parcel 35' x 60.73' as described in a sketch submitted by the City
Manager (on file in office of the City Clerk), now being used as
parking by the Arboretum, in exchange for property to be dedicated
for street purposes.
Mayor Butterworth ordered received and filed the City Manager's
report re 1958 Storm Drain Bond Issue, dated July 3,1962, wherein
the Los Angeles County Flood Control District plans to advertise
Projects No. 521 and 525 for bids in the third quarter of 1962,
the construction of said project completing the projects contemplated
under the 1958 Bond Issue insofar as Arcadia is concerned.
Discussion was held on the subject of the type of development in
some of the City's R-3 property and consideration to be given to
upgrading construction in certain instances, and it was the consensus
of the Council that the suggestion of the City Manager that this
could best be accomplished by the appointment of a special technical
committee for this purpose was well taken. It was also the feeling
of the Council that the Planning Commission should consider the
suggestion and report its opinion to the Council, the Council, how-
ever, to make the actual appointments to such committee.
Whereupon Councilman Phillips MOVED that the matter be referred to
the Planning Commission for consideration and comment and with the
knowledge that the suggestion in principal meets with the approval
of the Council. Councilman Reibold seconded the motion which was
carried unanimously.
The Council deferred action on the City Manager's Report No. 107
covering a study for development of a Council policy on attendance
at conferences and meetings for further study. Mayor Butterworth
then ordered the matter discussed at the Council Study Session of
July 26,1962 and placed on the agenda for possible action at the
Council meeting of August 7, 1962.
Upon the City Manager advising that a check has been received from
Arcadia Industries, Inc., the purchaser of City property on Peck
Road pursuant to the agreement of purchase that was executed for
an additional lot, Councilman Phillips MOVED that the Council
accept the recommendation of the City Manager and authorize the
Mayor and City Clerk to execute a deed to Arcadia Industries, Inc.
covering Lot 17, Tract No. 26345, recorded in Book 673, pages 65,
66 and 67 of Maps in the Office of the County Recorder. Councilman
Reibold seconded the motion which was carried unanimously.
MOTION by Councilman Balser, seconded by Councilman Phillips and
carried unanimously that the Council accept the recommendation of
the City Manager and Director of Public Works and approve the plans
and specifications for the improvement of Duarte Road (Third Avenue
to Arcadia Wash and Campus Drive from Santa Anita to Arcadia Wash),
and authorize the City Clerk to advertise for bids for said project,
which is financed from State and County Gas Tax funds and Capital
Project funds, after receipt of approval of the plans and specifi-
cations from the State Division of Highways.
The City Attorney presented, at the request of the City Manager,
Resolution No. 3500, entitled: "A RESOLUTION OF, THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF RULE I
AND SECTION ,3 OF RULE IV OF THE PERSONNEL RULES AND REGULATIONS
OF THE CITY OF ARCADIA."
11.
7-3-62
ORDINANCE
NO. 1178
(Readopted)
v
v
15:5722
MOTION by Councilman Reibold, seconded by Councilman Phillips and
carried on roll call vote as follows that the reading of the full
body of Resolution No. 3500 be waived:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Councilman Reibold further MOVED that Resolution No. 3500 be adopted.
Motion seconded by Councilman Phillips.
The City Attorney read and explained sections of said resolution.
Councilman Turner questioned the possibility of a department head
being able to temporarily assign a person to a higher position and
later appointing such person to the position over a person better
qualified as shown by an examination, someone who had been in the
position on a temporary basis arid then blahketed in. .
1
The City Attorney stated in part that the City Council is the only
body which can reclassify a position in the first place; that the
suggested rule change provides that the appointing power may, without
an examination, appoint to the reclassified position the person who
has held the old position; that in theory this would permit such an
appointment without considering whether or not there were more
qualified persons available as would be determined through a
competitive examination.
The City Manager stated in part that this would only occur where a
person is in a particular position which was reclassified and had been
performing the duties of the position as reclassified.
The City Attorney continued, stating in part that reclassification is
not quite the same as the abolition of a given position and the
creation of a new one; that the Griffenhagen-Kroeger report in one or
two instances had reflected a position presently filled being actually
underclassified; that the persons performing the duties required of the
position should have had a higher classification and that the salary
and employment resolution adopted earlier in the meeting did reclassify
two such positions, one in the Water Department and one in the Street
Department.
Councilman Turner cited as an example: in the police Department a
person might be appointed as an acting sergeant due to lack of
qualified persons being available through examination, then after
two or three months that person could be appointed to the position
inasmuch as he had been acting in such capacity.
The City Attorney commented in part that if persons are assigned to
the duties of a higher classification for thirty days or more, even
under temporary appointments they are entitled to compensation of I
the higher position but that what Councilman Turner had in mind could
not be done under the Personnel rules and regulations.
The following roll call was then taken of the motion to adopt Resolutio
No. 3500:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1178, entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING
SECTION 9255.2.8 OF THE ARCADIA MUNICIPAL CODE CONCERNING REQUIRED
PARKING SPACES IN ZONE R-3."
12.
7-3-62
1
COMMUNITY
AUDITORIUM
-.:18.:60
I
15:5723
MOTION by Councilman Phillips, seconded by Councilman Reibold and
carried on roll call vote as follows that the reading of the full
body of Ordinance No. 1178 be waived:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Councilman Phillips further MOVED that Ordinance No. 1178 be re-
adopted. Motion seconded by Councilman Balser and carried on roll
call vote as follows:
AYES: Councilmen Balser, Phillips, Reibold, Butterworth
NOES: Councilman Turner
ABSENT: None
Discussion was held on the report from the Board of Directors of the
Arcadia Chamber of Commerce re the need and use of community
auditorium facilities in Arcadia, said report in substance setting
forth the requirements as to size, the facilities desired, the
recommendation that the facility be built on the south side of Duarte
Road as convenient to the high school classrooms as possible; the
recommendation that the structure be built and operated by the City,
the Arcadia Unified School District to have priority on the use of the
facility; the suggestion that all efforts be expended by the City to
place a general obligation bond issue for the construction of said
facility before the people of the City at the earliest possible time,
suggesting the General Election in November, 1962 as the best time;
estimating the cost of such facility at approximately $1,500,000.00.
During the discussion the following opinions were expressed by the
Councilmen:
Councilman Reibold stated in part that in his opinion such an
auditorium should be under the jurisdiction of the school and not the
City; that he would be ~illing to find ways to help the school with
the property the City owns in the suggested area but that he did not
think the issue should be put to a vote at this time.
Councilman Turner stated in part that if it were a City owned
facility it would be under more strict usage and that there would be
many functions that could not be carried on that might otherwise be
beneficial. He suggested that a copy of the Chamber of Commerce
report, together with a cover letter from the City Manager be directed
to the School Board, with request for its opinion on the matter.
Mayor Butterworth stated in part' that the matter required further
study and suggested that it be discussed at the Council study session
on July 26, 1962; also that a copy of the Chamber of Commerce report
be sent to the School Board for its study and a joint meeting be
arranged between the Council and School Board.
Councilman Phillips stated in part that there are many revenue issue
propositions slated for the November ballot and that this would not
be an opportune time for the subject matter to be placed before the
electorate; that obviously a great deal of work has gone into the
report by the Chamber of Commerce and various City organizations;
that it is a good beginning but that when the matter is finalized
the figure quoted should be definite and not approximate; also that
the time interval is too short to place it on the November ballot.
It being the consensus of the Council that the matter be discussed
further between themselves and the School Board, Mayor Butterworth
requested the City Manager to send the School Board a copy of the
13.
7-3-62
BID AWARD
(Legal
Advertising>
J/~/
SUPERVISOR
BONELLI
Q-;
15:5724
Chamber of Commerce report requesting its consideration and that a
joint meeting be scheduled for some time in August or September at
its convenience; also that the City Manager convey to the Chamber of
Commerce the Council's commendation on its report.
MOTION by Councilman Turner, seconded by Councilman Reibold and
carried on roll call vote as follows that the Council accept the
recommendation of the City Clerk and award the contract for legal
advertising 'for the fiscal year 1962-63 to the only bidder, Arcadia
Tribune, a semi-weekly newspaper of general circulation, published
and circulated in the City of Arcadia, designated as official
publication for the City of Arcadia, which bid was as follows:
First insertion - printing and advertising
per column inch
$1.75 1
1.55
separate
4.00
Each subsequent insertion - per column inch
to be set in seven point type
Copies of said printing and advertising on
sheets, size 6" x 9" for first 25 copies
Each additional 25 copies, not to exceed 15" in length,
plus an equal amount for each additional 15" or
fraction thereof 1.00
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Mayor Butterworth requested the City Manager to write to Supervisor
Frank G. Bonelli, thanking him for his communication of June 14,1962,
wherein he advised that on his motion some 13 million additional
dollars were removed from the 1962-63 County Budget prior to its
final adoption, and expressing Council's interest in keeping County
expenditures down.
AUDIENCE PARTICIPATION
(Hackstedde)
/V, ';;', r'.
Mr.Paul Hackstedde, 333 West Camino Real, addressed the Council with
reference to what in his opinion is an incongruous situation. He
stated in part that with the business of the City always conducted
on a high moral level with restrictions placed on alcoholic
consumption, pinball machine control, etc., that the purchase and
circulation of a book which outrages the moral standards of the
community such as "Tropic of Cancer" is, in his opinion, a misuse
of tax funds and should be removed from the Library and requested
the Council to take necessary steps to see that this type of book
is not available at the library in the future.
Mayor Butterworth stated in part that there are divergent opinions ',1
on this book; that a jury in Los Angeles County held that it was
obscene and a jury in San Diego held that it was not obscene; that
the book is not made available to persons under 18 years of age;
that although not stated in order to avoid any responsibility, the
Library Board is the one Board not serving at the pleasure of the
City Council and is a separate administrative agency; the books which
are purchased are not under the jurisdiction of the Council; that
along with other matters which have recently come to his attention
this should be directed to the Library Board for its determination.
The City Attorney commented that the Library Board members are
appointed by and subject to removal by the City Council, which is
the only direct control Council has over the administration of the
Library, it being autonomous in all other matters except that
Council does approve the budget and the tax rate.
14. 7-3-62
LIBRARY
(Snider)
II, S, P,
FORMER LIBRARY SITE
(Execution of
Agreement)
1
2-703
eg-2J~'
LIBRARY
:J tj y c!6
1
ADJOURNMENT
15:5725
Mr. Hackstedde stated that he would bring the matter to the
attention of the Library Board.
Councilman Phillips expressed the appreciation of the Council to
Mrs. Helen Snider on her retirement from the Library Board after
eight years of service to the community.
Councilman Turner advised that he, the City Attorney, the principals
from Dentco and its attorney, had met June 29, 1962 and worked out-
the final details of the Lease-Option Agreement on the former library
site; that a few minor changes had been made, all of them more in
accordance with the original McMahon proposal; that the instrument
as thus revised had been signed and tendered by the Dentco officers;
that copies of such final draft with the changes underscored in red
had been distributed to the Council members prior to the meeting.
He then explained in detail the changes made from the draft as
approved by the City Council at its Adjourned Regular Meeting of
June 26, 1962.
Councilman Turner then MOVED that the Lease-Option Agreement as now
presented and explained by him be approved and that the Mayor and
City Clerk be authorized to sign said agreement in form herein
presented. Councilman Phillips seconded the motion which was carried
on roll call vote as follows:
AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: None
Mayor Butterworth stated that he had received some letters criticising
the use of the Library by the American Civil Liberties Union; that
he had acknowledged the letters and had forwarded them to the Chair-
man of the Library Board. He added that he thought the use of the
Library facilities was a matter within the Library Board's
jurisdiction; that it has a set of rules and regulations for the use
of the Library.
Councilman Phillips commented that he thought Mayor Butterworth had
made the right move inasmuch as the letters were addressed to him;
that said letters should be referred to the Library Board for at
least explanation and that the Board will undoubtedly reply to Mayor
Butterworth and he in turn can reply to the writers.
Councilman Phillips further stated that with regard to the matter of
the controversial book, "Tropic of Cancer", brought up earlier in
the meeting, that it has always been the custom of the Library Board
of Trustees to have available a controversial book if there is
public demand for it; that limited numbers of the "Tropic of Cancer"
have been purchased and made available to adult residents of Arcadia
and that if there were no demand the book would not be in the
library. Mayor Butterworth interpolated that how far the Library
Board wants to go in the matter he thought was up to it and the
Council has nothing to say about a single book in the library
unless it wants to go so far as to literally remove the Library
Board.
Mayor Butterworth adjourned the meeting at 10:50 P.M.
!i-Lh} /: 6)~~
Mayor Butterworth
ATTEST:
~)~~
City Clerk 15.
7-3-62