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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