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HomeMy WebLinkAboutAUGUST 21,1962 I INVOCATION PLEDGE OF ALLEGIANCE ROLLCALL APPROV AI. OF MINUTES (August 7, 1962) TAX RATE (1962) I 15:5757 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA AUGUST 21, 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., August 21, 1962. The Invocation was offered by Rev. Walter F. Dannaman, Pastor of the American Lutheran Church of Arcadia. Hayor Butterworth led in the pledge of allegiance to the flag. ,PRESENT: ABSENT: Councilmen Balser, Phillips, Reibold, Turner, Butterworth None Councilman Phillips MOVED that the minutes of the Regular Meeting of August 7, 1962 be approved as submitted in writing. Councilman 'Balser seconded the motion which was carried unanimously with the exception of Hayor Butterworth who abstained due to his absence from said meeting. Discussion was held on the proposed tax rate for the fiscal year 1962 and the following statements were made by the individual Councilmen: Councilman Reibold: '''The revised figures renecting true balances as of the closing of the books for the fiscal year 1961-1962, which the Hanager submitted to us on August 13, 1962, were very interesting and encouraging. However, if interpreted under Arcadia's long term fiscal policy, would still not permit, in my opinion, a tax reduction. Traditionally we have not reduced the tax rate so ,long as the amount appropriated exceeded the amount of anticipated receipts. It is alarming to note that to decrease the tax rate five cents requires that $108,528 be taken from surplus in order to meet General Fund budget requirements. This is $48,859 more than was needed last year. Without a change in the ,$1.10 rate the tax levy for the General Fund would still be reduced five cents because of the increases in the other funds. "At this late hour these questions still remain unresolved: "1. In the light of the present 'economic uncertainty, should our initial estimate of revenue from sales tax be revised? The amount anticipated in the Manager's Hay 28th view fell short by $7,723, as later reflected in his August 10th view. Since this is a very volatile source of revenue and is subject to rapid change extreme sensitivity is required to anticipate trends early enough to take corrective action. "2. How the $200,000 borrowed from the Water Department to assist in the purchase of the ,Pacific Electric property will be repaid. "3. How the $30,000 taken from the Council's Contingency Fund for the Planning Consultant, before the ink was dry on the budget, will be repaid. "4. Where will the $125,000 to $145,000 come from which will be required for our part of the Baldwin underpass? "5. Where will the additional money come from to operate the library, over and above that produced by the 20~ tax levy, during the time we are waiting for the assessed valuation to catch up with the already increased operating expenses? L 8-21-62 Sd- n:-8 15:5758 "In the Manager's revised information he pointed out that the increase in reappropriation was $13,679. The figure given was based on the revised budget, not on the budget as passed a year ago. The true comparative figure is $32,439, because during the course of the year we reappropriated from the library's surplus balance an additional $18,760. I make this observation not for the purpose of correcting the figures, but rather to point out a tangible demonstration of what can occur during the year, which makes it highly desirable to have a little money in surplus. The library also received an additional $15,010 from the Council's Contingency Fund. "6. How to accumulate a reserve to cushion the burden of picking up the increased costs which will attend the manning of the new fire station. I "The reason we have not had a 'Yo_yo' tax rate for the past ten years was because the City Council planned for and anticipated future monetary requirements. The new fiscal policy which you argue for, and which Mr. Phillips and myself cannot accept in conscience, will not permit this kind of management. "I would MOVE therefore that the tax rate be set at $1.10." Councilman Phillips: "Councilman Reibold has reviewed in a very comprehensive manner the fiscal policy of past Arcadia City Councils, which Councils we have been privileged to be a part of. He has pointed out a number of problems ahead. I will not belabor you with a repetition of these because the tax rate speaks for itself. However, tonight we are going to set a tax rate for the ensuing year and three of our colleagues have indicated, in a preliminary way at least, their desire to reduce the tax rate by dipping into our General Fund reserve to the tune of about $50,000, $50,000 which we have through the years been saving by the simple expedient of maintaining a level tax rate to provide for capital and non recurring needs of the City. The tax rate is not just a political expedient but is a manifestation of long range planning, planning which embodies positions for the operational needs of the City within a suitable annual income and provision for capital needs of the City. Through the fiscal policy, to which I subscribe, this has been accomplished without any bonded indebtedness. Our fiscal policy in the past has been fair, forward thinking and honest and is carried in the record, which record has survived and been upheld on many occasions by the citizens of this community at the polls. "I urge each of you to consider carefully before you vote tonight. The results of this ballot may well be the beginning of the change of an honest and carefully planned policy of pay as you go to one of pay when 'you can. "With these remarks, Mr. Mayor, I rest my case and second Mr. ReiboJ.d's motion." Councilman Balser: "I would agree with my senior colleagues that our City has been well run. I think the fiscal policy has been fairly sound. They have been on the Council many years and certainly their points are well takl However, I think that we all agree that the taxpayers today are carrying" quite a burden. I believe that the annual tax rate should be set each year on the financial condition of the City. I believe that historically we have estimated our income low and outgo high, resulting merely in a surplus. I feel that at the present time the reserve is such that we could cut the tax rate five cents. I think it behooves us, not only the City but all Government, to try to lighten the tax burden of the cities. I believe also that our administration has done an exceptionally good job in running an efficient and economical government. I believe we should take advantage of this. I feel that we should set the tax rate on a realistic basis in order that it will present a challenge to the administration to even more expend themselves to run a government efficiently and economically, which I think is one of the basic principles of home rule so that this type of government may survive. Although I agree with many of the statements made by my " I 2. 8-21-62 15:5759 colleagues, I personally would be in favor of reducing the tax rate five cents." I Councilman Turner: "I find myself in the same difficult position as before as the junior member. It appears that my more experienced colleagues are split two and two as to what should be done with respect to this tax rate. I feel that the arguments by both sides are valid and that the City would not materially suffer under either tax rate. .1 have endeavored to reach an independent and sound judgment in the matter. In the past few years there has been an annual surplus in revenue, which might possibly indicate that the tax rate is a little too high. On the'other hand, if this surplus had not been collected it is more than likely that bond issues might have been necessary to fi~ance some of the capital improvements, namely our library; then this same money would still have to be collected from the taxpayers plus interest. (nsp) "During the day I spent several hous in discussion of this subject and in additional study, trying to determine how I should vote tonight. As of this morning I was undecided which way to vote,afthough I must admit I had been and was inclined toward the lower tax rate. I did some studying from my own particular standpoint in analyzing my: own tax bill. In regards to my home, which I consider to be in the'average price bracket, the tax would be reduced by $6.00 per year at the reduced rate. I do not feel that the past so called surplus has been w~sted or misspent and I also feel that the people of Arcadia have gotten what they wanted on their tax dollar. I seriously doubt that the average 'Arcadia homeowner would not gamble $6.00 a year to see Arcadia continue to grow in the orderly manner that it has experienced in the past. I, therefore, would support the continuance of the $1.10 tax rate." Mayor Butterworth: "I have already expressed myself on this and I do not feel that any further argument will be conducive to persuading or dissuad- ing anybody to take a given course of action." Whereupon Mayor Butterworth called for the vote on the motion, which was as follows: AYES: Councilmen Phillips. Reibold, Turner NOES: Councilman Balser, Mayor Butterworth ABSENT: None SOLICITAXION The City Attorney discussed Ordinance No. 1188, entitled: "AN ORDINANCE OF ON NOVEMBER THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA &,1962 BALLOT MUNICIPAL CODE BY ADDING THERETO NEW SECTIONS 6425.7, 6425.8 AND 6425.9, (Ordinance" DECLARING THE LEGISLATIVE POLICY OF THE PEOPLE OF SAID CITY, PROHIBITING No, 1188) THE SOLICITING OF ORDERS, PEDDLING, HAWKING, VENDING AND SALE OF SERVICES, GOODS, WARES AND MERCHANDISE FROM DOOR TO DOOR IN THE CITY OF ARCADIA (F928) WITHOUT THE INVITATION, CONSENT OR REQUEST OF THE HOMEOWNERS OR TENANTS IN POSSESSION, AND EXEMPTING THEREFROM CHARITABLE ACTIVITIES." I The City Attorney explained that it is not proposed that said ordinance be enacted at this time by the Council but simply that it be placed on the November ballot to be voted upon by the people of this community. That it places before the electors of the City a proposed amendment to the Arcadia Municipal Code declaring the legislative policy of the people of Arcadia, prohibiting the door to door soliciting of orders for service, goods, etc. at dwellings without the invitation of the homeowners or tenants in possession, and exempting therefrom charitable activities. Discussion ensued and the Councilmen expressed their opinions in substance as follows: Councilman Balser: That he personally felt this has been and still is a very controversial subject. That many times he had reluctantly voted approval of door to door solicitation permits in Arcadia, feeling, however, that they were not in the best interests of the City; that it hurts local businessmen and also could enable a thief, on pretext of being a salesman, 3. 8-21-62 ORDINANCE NO. 1182 (Introduced & Adopted) (nsp) 15:5760 to case a house. That the forthcoming election, he felt, would be an opportune time to settle once and for all whether this is desirable in Arcadia. Councilman Balser then MOVED that Ordinance No. llB8 be placed on the November ballot. Councilman Phillips seconded the motion. Councilman Reibold: That he opposed the placing of the subject proposition on the November ballot for the following reasons: "1. I believe that our present ordinance gives all the protection against solicitation needed to those people who desire such protection, and yet does not interfere with those who feel differently and do not object to being called upon. I "2. We will be worse off after this matter has been referred to the voters regardless of which way it goes. If it passes, our mail and telephone solicitation will be increased. If it fails we will be swamped with door to door solicitation. "3. It costs approximately $3,500 to place the matter on the ballot. If we spent the same amount of money informing our residents of our existing laws and furnishing them with a 'No Solicitation" sign, we in all probability would do more toward reducing solicitation than by any other means. "4. It may well place our present ordinance in jeopardy. "In my opinion you cannot win by taking this course of action - in fact I do not think you can break even." Councilman Phillips: That in support of his position along with Councilman Reibold, the subject matter had been discussed at numerous times and at great length; that basically he favored non solicitation but that he did not agree with Councilman Reibold's statement that it would weaken Council's position to place the issue on the ballot~ for the basic reason that even the result of a successful election would probably require a test case and that a substantial successful vote would tend to be beneficial in any court action and the City would stand a better chance of having a full "Green River" type ordinance. The following roll call was then taken on the motion in favor of placing Ordinance No. 1188 on the November ballot: AYES: Councilmen Balser, Phillips, Butterworth NOES: Councilmen Reibold, Turner ABSENT: None The City Attorney presented, explained the content and read the title of Ordinance No. 1182, which determines the amount of money necessary to be raised by taxation, pointing out that the amount specified would result in an overall tax rate of $1.10, said title being: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF MONEY, NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1962." I MOTION by Councilman Phillips, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1182 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Ordinance No. Motion seconded by Councilman Reibold and carried on follows: 1182 be introduced. roll call vote as 4. 8-21-62 I ORDINANCE NO. 1183 (Introduced & Adopted) ORDINANCE NO. 1188 (Introduced) (F928 ) I 15:5761 AYES: Councilmen Phill~ps, Reibold, Turner, Butterworth NOES: Councilman Balser ABSENT: None Mayor Butterworth observed, to Councilman Balser that although he was opposed to the $1.10 tax rate and saw no occasion to change his position, a tax rate had to be set and inasmuch as the majority of the Council members had determined the,matter he had voted, in favor of the above ordinance in order to"expedite the setting of the tax rate. , Councilman Phillips then MOVED that Ordinance No. 1182 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Phillips, Reibold, Turner, Butterworth NOES: Councilmari'Balser ABSENT': None The City Attorney presented, explained the content and read the title of Ordinance No. 1183, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE RATES OF ,TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1962." Councilman Reibold MOVED, that the reading of the full body of Ordinance No. 1183 be waived. 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 Councilman Reibold further MOVED that Ordinance No. 1183 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen NOES: None ABSENT: None Balser, Phillips, Reibold, Turner, Butterworth " The City Attorney presented 'for the first time, explained the content and read the title of Ordinance No. 1188, entitled: "AN ORDINANCE OF ,THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNI~, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO NEW SECTIONS 6425.;, 6425.8 AND 6425.9, DECLARING THE LEGISLATIVE POLICY OF THE PEOPLE 'OF SAID CITY, PROHIBITING THE SOLICITING OF ORDERS, PEDDLING, HAWKING, VENDING AND SALE OF:" SERVICES, GOOD'S, WARES AND MERCHANDISE FROM DOOR TO DOOR IN THE CITY OF ARCADIA WITHOUT THE INVITATION, CONSENT OR REQUEST OF THE HOMEOWNERS OR TENANTS IN POSSESSION, AND EXEMPTING THEREFROM CHARITABLE ACTIVITES." . MOTION by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that ,the reading of the full body of Ordinance No. 1188 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Ordinance No. 1188 be introduced. Motion seconded by Councilman Balser and carried on roll call vote as follows: ' AYES: Councilmen Balser, Phillips, Butterworth NOES: Councilmen Reibold, Turner ABSENT: None 5. 8-21-62 ORDINANCE NO. H89 (IntJ:oduced) RESOl.UTION NO. 3507 (Incorrect Election Date - See Next Item) RECESS RESOLUTION NO. 3507 (F928) 15:5762 The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1189, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NoTICE OF A SPECIAL ELECTION TO "BE HELD IN THE CITY OF ARCADIA ON THE 6TH DAY OF NOVEMBER, 1962, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY ORDINANCE NO. 1188 AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO NEW SECTIONS 6425.7, 6425.8 AND 6425.9, DECLARING THE LEGISLATIVE POLICY OF THE PEOPLE OF SAID CITY, PROHIBITING THE SOLICITING OF ORDERS, PEDDLING, HAWKING, VENDING AND SALE OF SERVICES, GOODS, WARES AND MERCHANDISE FROM DOOR TO DOOR IN THE CITY OF ARCADIA WITHOUT THE INVITATION, CONSENT OR REQUEST OF THE HOMEOWNERS OR TENANTS IN POSSESSION, EXEMPTING THEREFROM CHARITABLE ACTIVITIES AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE." MOTION by Councilman Phillips, seconded by Councilman Balser and carried on I roll call vote as follows that the reading of the full body of Ordinance . No. 1189 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Phillips further MOVED that Ordinance No. 1189 be introduced. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Butterworth NOES: Councilmen Reibold, Turner ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3507, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 13, 1962, THE CITY OF ARCADIA SPECIAL ELECTION TO BE HELD ON NOVEMBER 13, 1962 ON THE PROPOSITION TO BAN DOOR TO DOOR COMMERCIAL SOLICITATION." MOTION by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3507 be waived: AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Balser further MOVED that Resolution No. 3507 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Butterworth NOES: Councilmen Reibold, Turner ABSENT: None I Mayor Butterworth declared a recess at 8:35 P.M. The meeting reconvened at 8:40 P.M. MOTION by Mayor Butterworth, seconded by Councilman Reibold and carried unanimously that the prior action to adopt Resolution No. 3507 be expunged from the record because of an error in the date of election. The City Attorney then again presented Resolution No. 3507, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING 6. 8-21-62 I MAYOR BUTTERWORTH HEARING (Lot Split No. 369 - Brown) (P : Sub. ) Is I 15:5763 THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 1962, THE CITY OF ARCADIA SPECIAL ELECTION TO BE HELD ON NOVEMBER 6,1962 ON THE PROPOSITION TO BAN DOOR-TO-DOOR COMMERCIAL SOLICITATION. MOTION by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3507 be waived: , . AYES: Councilmen Balser, Phillips, Reibold, Turner, Butterworth NOES: None ABSENT: None Councilman Balser further MOVED that Resolution No. 3507 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Phillips, Butterworth NOES: Councilmen Reibold, Turner ABSENT: None At 8:45 P.M. Mayor Butterworth was excused from further attendance at the meeting and Mayor Pro Tempore Phillips took his place as presiding officer of the Council meeting. The Planning Director summarized the background of the subject hearing and explained that the hearing on the appeal of Mr. Pat B. Brown from Planning Commission denial of request for a lot split at 102 E. Longden Avenue had been continued at the Council meeting of July 3,1962 to this meeting to await the outcome of another lot split request in the same area that could affect the subject lot split request. He added that it was the applicant's desire to create this lot and to retain the remainder of his property until such time as the rear portion was developed. Mayor Pro Tempore Phillips declared the hearing open and inquired if anyone in the audience desired to speak to the matter. Mr. Pat B. Brown, the applicant, addressed the Council and stated in substance that he desired permission to sell the front part of his lot; that it was his impression that he had been granted a lot split by ,the Planning Commission in 1951; that he desired to retain the rear portion of his property. The City Attorney explained that the City's present ordinance provides for tentative approval of a lot'split subject to compliance with certain conditions within a year; that if such conditions are not complied with the entire proceedings are void; that he presumed the ordinance in effect in 1951 was as restrictive as the present ordinance or perhaps even more restrictive. Mr. Brown interpolated that he had been unaware of any such restrictions. The City Attorney continued, explaining the two ways in which a lot may be divided under the Subdivision Map Act or by lot division procedure. Mr. A. O. Knutson, a subdivider, addressed the Council, stating in part that in order to help clarify the situation, he had an option on the rear portion of the applicant's property and would have subdivision maps for submission to the Planning Commission and the Council in the near future. No one else desiri~g,to be heard Councilman Balser MOVED that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. After considerable discussion, and it being the consensus of the Council that it was not in position to make final determination in the subject matter at the present time, Councilman Balser MOVED that the matter be taken under advisement until future subdivision plans are submitted. 7. 8-21-62 HEARING (Kirby) (F498) ORDINANCE NO. 1190 (Adopted) ZONE VARIANCE (Benson) (F929 ) 15:5764 Councilman Reibold seconded the motion which was carried unanimously, Mayor Pro Tempore Phillips declared the hearing open on the application of Harvey F, Kirby, 1817 West Douglegrove Street, West Covina, for a permit to operate two amusement games 'at his beer tavern known as the Liki Tiki at 10 West Live Oak, and inquired if anyone in the audience desired to address the Council, Mr. Kirby, the applicant, addressed the Council, and in answer to questions of the Council, advised that he is the owner of the machines but not the owner of the tavern; that he is familiar with Ordinance No, 1190 introduced at the August 7,1962 Council meeting which, if adopted at I this meeting, will ban such machines, but still desired Council's . determination in the matter. He questioned whether said ordinance covered his requested type of amusement games and the City Attorney read excerpts from the ordinance which indicated that such games were covered, No one else desiring to be heard Councilman Balser MOVED that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously, Councilman Balser further MOVED that in view of the introduction of Ordinance No, 1190 and the likelihood of its adoption at this meeting, which thereafter would ban the operation of scoring devices in certain establishments, the request of Harvey F, Kirby for a 'permit to operate two amusement games at his beer tavern at 10 West Live Oak Avenue be denied. Councilman Turner seconded the motion which was carried unanimously. At the request of the Council the City,Attorney thereupon presented for the second time, explained the content and read the title of Ordinance No, 1190. entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO PART 1 OF CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE A NEW DIVISION 5 ENTITLED 'SCORING DEVICES' CONTAINING TITLE 1 ENTITLED 'DEFINITIONS' AND TITLE 2 ENTITLED 'PROHIBITION AND ABATEMENT', PROHIBITING THE POSSESSION AND USE FOR ~IRE OF AMUSEMENT DEVICES WHICH RESULT IN A DISCERNIBLE, SCORE," MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1190 be waived: AYES: Councilmen Balser, Reibold, Turner, Phillips, NOES: None ABSENT: Mayor Butterworth Councilman Balser, further MOVED that Ordinance No, 1190 be adopted, Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor Butterworth I Planning Commission Resolution No. 455 recommending denial of a zone variance application to allow a second single family dwelling on the lot at 315 LeRoy Avenue, filed by Elmer and Esther A. Benson. An appeal from the decision of the Planning Commission having been duly filed by the applicants and said matter requiring a public hearing, Councilman Reibold MOVED that the hearing be scheduled for September 4,1962. Motion seconded by Councilman Turner and carried unanimously, 8. 8- 21-62 TRACT No. 24140 (Final Map & Trust) (F727) I ZONE VARIANCE (Greene- Becker Motel "6") HIGHWAY USER'S TAXES (Proposed incrl!a~e) I "''''1 15:5765 Located on Sharon Road between El Monte and Holly Avenues - containing 36 lots. Discussion was held on a trust proposed to be placed against lot 42, which is outside of Tract No: 24140. Councilman Reibold commented that he personally felt the amount should be higher than $149 because benefit above that will accrue to tbat property, and at the suggestion of the City Attorney"Councilman,Reibold MOVED that consideration of the final map of Tract No. 24140 be continued to the next regular Council meeting and that the owner of lot 42 be notified at least ten days prior to that time. Councilman Turner seconded the motion which was carried unanimously. Upon the City Manager inquiring as to whether it is the opinion of the Council that the trust should 'pe $149.34 plus the cost of street improve- ments past the property Councilman Turner stated that in his opinion, if the property owner is to get the advantage of the subdivision's improve- ments that a proportionate share of street improvements abutting his frontage should be borne by said property and that he MOVED that the Council consider including that the trust be established in an amount equal to half the improvement of the street abutting the property. There was no second' to the motion, the City Attorney advising that such a decision would be premature at this time and should be made at or after the hearing already scheduled on the matter. Mr. Alfred Allen, the subdivider of the subject tract, addressed the Council and requested that it consider'not only the street improvements but also the land which he bought to make the street improvement possible; that it should carry the same burden it would if' it were an inside lot. Zone Variance application of William Becker and Paul Greene to construct and operate a motel at 225 Colorado Place. No specific recommendation from the Planning Commission since a majority of the entire Commission was not present. Mr. Arthur Hensel, an attorney representing the applicants, submitted an appeal and requested Councilmanic determination in the matter as soon as possible. Said matter requiring a public hearing Councilman Turner MOVED that the hearing be scheduled for September 18, 1962. Motion seconded by Councilman Reibold and carried unanimously. The City Manager advised that the League of California Cities has requested the Council to state its position with regard to a proposed increase in highway user's taxes to finance city streets. He commented on the study for, the City of Arcadia which was submitted to the Council in July of 1960 which indicated the deficiences in the City and the need for additional funds and the report, 'submitted to the Council covering major proposals for Council's consideration, said report contain- ing his recommendations, to Wtt: 1) that the proposed increase in "In Lieu Tax" be opposed by the Council; 2) that the Counc,il support a 1 cent increase in gas tax to be used for financing city and co~nty streets subject to a change in the Mayo-Breed formula, which provides basically that highway user funds are divided to provide 55% to be distributi!d to Southern California and 45% to Northern California, an attempt having been made in the last session of the Legislature to amend the formula so that 60% would be distributed to Southern California; and 3) that the Council maintain its position as set forth in Resolution No. 3464, The City Manager's report being in accord with the previously indicated desires of the Council, Councilman Reibold ~, that the City Attorney be requested to prepare a resolution covering t~e recommendations set forth above for presentation to the Council at the next meeting. Council- man Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor Butterworth 9. 8-21-62 CALL FOR BIDS (Resurfacing 1962-63 Job No, 267) (F930) BALDWIN- ORANGE GROVE RESERVOIR (Time Extension) (F763) MOUNTED POLICE FACILITIES (Fl57 ) 15:5766 MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the resurfacing of certain streets as set forth in communication from the Director of Public Works dated August 2,1962, on file in office of the City Clerk, be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, said program to be financed from budgeted State Gas Tax funds, said bids to be opened September 4,1962 at 11:00 A,M. and submitted to the Council at its regular meeting of September 4,1962. The City Manager advised that the completion date for the construction of I the Baldwin-Orange Grove Reservoir is set forth in the contract between the City and Senk Construction Company as August 12,1962 but that due to time lost because of heavy rains the contractor has requested an extension . of time based on the time lost; that said request has been reviewed by the Consulting Engineers, the Water Superintendent and the City Manager's office and that it is recommended that an extension of 63 calendar days from August 12,1962 be granted to complete construction, the new completion date being October 15,1962. The City Manager mentioned that the contractor anticipates completion by September 8, 1962. MOTION by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation as set forth above and that the firm of Senk Construction Company be granted a new date of , October 15,1962 for the completion o~ the BaldWin-Orange Grove Reservoir. \ The City Manager advised that with regard to the City's lease with the Arcadia Mounted Police for facilities located on City owned property on the south side of Live Oak between Hempstead and the flood control channel, which lease includes a provision to the effect that the premises shall be used for the sole purpose of conducting Mounted Police activities and for no other purpose without consent first had from the City, that this term of the lease has been violated by reason of a sign in front of the building to the effect that the building was for rent for clubs, parties and banquets. That while the property is unzoned, being City owned land, all the property to the west and north on Live Oak is zoned C-2 and the building code does not permit wooden signs in C-2 zones. That upon being so notified the Mounted Police removed the sign in question and advised that several years ago they received verbal permission to rent the building, on each occasion so notify- ing the Police Department. The City Manager continued that the Mounted Police have requested permission to install another sign on the east side of the property which would comply with the City's sign regulations in a C-2 zone, the sign proposed being smaller and in essence would state that the building is available to clubs and organizations. That being a non profit organization, they advised that they rented the building to obtain income for payment of insurance, repairs and maintenance of the grounds. I After discussion, and it being the consensus of the Council that such use of the premises is not detrimental to the City, Councilman Reibold MOVED that permission be granted to the Arcadia Mounted Police to place a sign comply- ing with the City's sign regulations on the east side of the subject property that the building is available to clubs and organizations subject to the approval of the City Manager and Chief of Police being first obtained in writing, Councilman Balser seconded the motion which was carried unanimously. FESTIVE FARE MOTION by Councilman Turner, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the City Manager (A:AAUW) and that permission be granted to the Arcadia branch of the American Association of University Women to hold its fourth Festive Fare at the Los Angeles Turf Club on November 8, 1962 from 10:00 A,M. to 9:00 P,M. 10. 8-21-62 PERSONNEL (Salary Adjustments) (IR:S) I COMMUNICATION RE RESOLUTION NO. 3316 (C larizio) , ' (F:611) ('~.N , [')l!WAjP.4. 15:5767 MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the Council accept the recommendation of the Personnel Board and approve the City Manager's report entitled " "Salary Adjustments" dated August 9, 1962 and the class specifications ,for Maintenance Man and Maintenance Man II, and that such adjustments be effective no sooner than the pay period commencing September 2,1962: (Report on file in office of the City Clerk) AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor But terworth The City Manager advised that a communication dated August 21, 1962 had been submitted to the City Clerk from Mr; Orlando Clarizio, stating in substance that Resolution No. 3316 granted him a variance and/or special "use permit for a 66 bed convalescent home at 1601-1609 South Baldwin ,Avenue; that an error was made in said resolution inasmuch as this should have' been 70 beds; that the Council had approved the plans for a 70 "bed, convalescent home and that he'requested the Council under the savings provision of said resolution 'to amend it,to provide'for 70 beds as approved. ,. 1(4 Councilman Reibold asked what action would be required and the City Attorney ,'F 'I t adviSed that a simple motion would be sufficient in' that the resolution that r ';1/'/" ; '" granted, the variance reserves unto the Council the right to make minor ,i) '~:1 variations in the conditions imposed if such minor variations will accomplish I I I ~ the purpose and not be any more detrimental than the conditions actually 'l imposed. COUNTY BOUNDARY COMMISSION ORDINANCE NO. 1185 (Introduced) (F927 ) I ORDINANCE NO. 1171-A (Adopted) Whereupon Councilman Reibold MOVED that the request be granted. Councilman Turner seconded the motion which was carried unanimously. Mayor Pro Tempore Phillips ordered filed notices from the County of Los Angeles Boundary Commission of proposed Annexation No. 37 - City of Monrovia and No. 1962-2 - City of San Gabriel, as they have no effect upon Arcadia. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1185, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE, CONCERNING SIDEWALK CONSTRUCTION." MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1185 be waived: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor Butterworth Councilman Reibold further MOVED that Ordinance No. llB5 be introduced. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor Butterworth The City Attorney presented for the second time, explained the content and read the title ,of Ordinance No. 1171-A entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, VACATING AND ABANDONING A PORTION OF DEARBORN STREET IN SAID CITY, AND REPEALING ORDINANCE NO. 1171." MOTION by Councilman Turner, seconded by Councilman Reibold roll call vote as follows that the reading of the full body No. l17l-A be waived: and carried on of Ordinance 11. 8-21-62 '" ORDINANCE NO. 1184 (Adopted) llESOLUTION NO. 3506 (F37 ) RESOLUTION NO. 3514 15:5768 AYES: Councilmen Balser, Reibo1d, Turner, Phillips NOES: None ABSENT: Mayor Butterworth Councilman Turner further MOVED that Ordinance No. ll71-A be adopted. Motion seconded by Councilman Reibo1d and carried on roll call vote as follows: AYES: Councilmen Balser, Reibo1d, Turner, Phillips NOES: None ABSENT: Mayor Butterworth The City Attorney presented for the second time, explained the content I and read the title of Ordinance No. 1184, entitled: "AN ORDINANCE OF THE " CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO PART 2 OF CHAPTER 2 OF ARTICLE VI OF THE ARCADIA MUNICIPAL CODE NEW SECTIONS 6220.13.1 AND 6220.13.2 AND ADDING A NEW DIVISION 6 TO PART 3 OF CHAPTER 4 OF ARTICLE VI OF SAID MUNICIPAL CODE ENTITLED 'CHRISTMAS TREE SALES' ." Councilman Turner called attention to subsection 6436.6 and 6436.10 of Section 2 of said ordinance, questioning the requirements of toilet facilities and the bond requirements. These requirements were explained by the City Attorney. Councilman Reibo1d MOVED that the reading of the full body of Ordinance No.1184 be waived. Councilman Balser seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Reibo1d, Turner, Phillips NOES: None ABSENT: Mayor Butterworth Councilman Reibo1d further MOVED that Ordinance No. 1184 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Reibo1d, Phillips NOES: Councilman Turner ABSENT: Mayor Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 3506, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT A DAY NURSERY AT 530 WEST LAS TUNAS DRIVE IN SAID CITY." MOTION by Councilman Reibold, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3506 be waived: I AYES: Councilmen Balser, Reibo1d, Turner, Phillips NOES: None ABSENT: Mayor Butterworth I Councilman Reibo1d further ~ that Resolution No. 3506 be adopted. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Reibold, Turner, Phillips NOES: Councilman Balser ABSENT: Mayor Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 3514, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS BALDWIN AVENUE." 12. 8-21-62 Iq'mmI~ NO. 3515 RESOLUTION NO. 3516 (F924) I 15:5769 MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Resolution No. 3514 be waived: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: " None ' ABSENT: Mayor Butterworth Councilman Baiset further MOVED that Resolution No. 3514 be adopted. Motion seconded by Councilman Reibold and carr~~d on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor But terworth The City Attorney_presented, explained the content and read the title of ResolutiottNo. 3515, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3(b) OF RULE IV OF THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF 'ARCADIA." "' MOTION by Councilman Turner, seconded by Counci+~n Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3515 be waived: " . .' AYES: Councilmen Balser, NOES: None ABSENT: Mayor Butterworth Reibold, Turner, Phillips , : Councilman Turner further MOVED that Resolution No. 3515 be adopted. Motion seconded by Councilman Balser and carrie4'on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None ABSENT: Mayor 'Butterworth The City Attorney presented, explained the content and read the title of Resolution No. 3516; entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' ARCADIA, CALIFORNIA, DETERMINING THAT THE KEEPING OF BIRDS AT 504 WEST LEMON AVENUE IN SAID CITY IN THE MANNER, LOCATION AND QUANTITY COMPLAINED OF CONSTITUTES A NUISANCE, AND SPECIFYING THE TIME AND MANNER WHEREIN SUCH KEEPING SHOULD BE ,SO ALTERED AS NoT TO CONSTITUTE A NUISANCE." Receipt of a communication dated August 9, 1962 from Mr. and Mrs. Louis Udlinek, requesting modification of Council's determination to accept the City Manager's recommendations, as contained in' the above resolution, was discusslld. Councilman Reibold stated in substance that he felt the conclusion reached by the Council at the hearing of August 7, 1962, "which resulted in the City Attorney being instructed to prepare the above resolution, .is still valid and that the suggestions contained in the communication would not significantly change the original difficulties; that he felt the conditions set forth in said Resolution No. 3516 should stand. Councilman Balser stated that he agreed with Councilman Reibold and that he ~ that the reading of the full body of Resolution No. 3316.,be waived. Mr. W. R. Lightbody, residing at 504 West Lemon Avenue, at the rear of the property of Mr. and Mrs. Udlinek, received permission to address the Council. He stated in part that in his opinion the birds did not create a nuisance in that he lived only 30 feet from the Udlinek residence and had nev~r been disturbed by the birds; that he w~s disturbed by barking dogs in ,the area; that he felt the City Manager's recommendations would place an undue burden of expense on the Udleniks"and requested that the Council reconsider its determinations and to mo~ify them. 13. 8-21-62 15:5770 Councilman Reibold then seconded the motion, which was carried on, roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None AllSENT: ' M8.yor But terworth Councilman Balser further MOVED that Resolution No. 3516 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Reibold, Turner, Phillips NOES: None AllSENT: Mayor Butterworth I AUDIENCE PARTICIPATION (nsp) Mr. E. J. Ross of the Ross Music Company, addressed the Council, and in substance requested Council to reconsider Ordinance No. 1190, adopted earlier in the evening, which he felt would work a hardship on owners of establishments which supplemented their income by the revenue received from amusement games. He was advised that it has long been the desire of the Council to ban the types of amusement games mentioned in said ordinance in the City and that it was not disposed to reopen the issue. He was also advised that said ordinance would become effective 30 days from the date thereof. MATTERS FROM CITY OFFICIALS (A:PC) Councilman Balser placed in nomination Mr. William E. Kuyper to fill the unexpired term of Mr. E. E. Rutherford on the Planning Commission, and ~ that he be appointed to said commission, his term to expire June 30, 1964. Councilman Turner seconded the motion which was carried unanimously. (nsp) Mayor Pro Tempore Phillips advised that on September 28, 1962 the Second Seminar of the Independent Cities would be held in Torrance, from 9:00 A.M. to 9:00 P.M. and that the program would have as its Keynote speaker City Attorney Nicklin. ADJOURNMENT At 10:10 P.M. Mayor Pro Tempore Phillips adjourned the meeting. t2~,-- A) ~CuC~ Mayor Pro Tempore Phillips ATTEST: etJU);;/;IAI~~ a4A ~ City Clerk I 14. 8-21-62