HomeMy WebLinkAboutSEPTEMBER 4,1962
I
INVOCApON
PLEDGE OF
ALLEGIANCE
ROLL CALL
HEARING
(Revay)
(F: 912)
HEARING
(Bensen)
(F:929)
1
15: 5771
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
SEPTEMBER 4, 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., September 4, 1962.
The Invocation was offered by Rev. A. Karl Myers, Pastor of the Village
Presbyterian Church';
Mayor Butterworth led in the pledge of allegiance to the flag.
PRESENT:
ABSENT:
Councilmen Phillips, Reibold, Turner, Butterworth
Councilman Balser
Planning Commission Resolution No. 448 recommending the denial of an
application of Elizabeth Revay and others, as o~ers. for a change of zone
from Zone R-3 to Zone C-2 on property located at 745 to 805 West Duarte
Road. (Matter continued from July 3, 1962 at request of attorney represent-
ing property owners) .
The City Clerk advised that a request dated August 31, 1962 had been
received from the law firm of Sheppard, Mullin,: Richter & Hampton, for a
further continuance.
Mr. Thomas R. Sheppard, an attorney of the above mentioned law firm, and
representing the applicants, addressed the Council, and advised that after
diligent effort a bona fide expression of interest in the subject property
has been made if rezoned, and reiterated the request for a continuance of
at least sixty days'.
At the suggestion of Councilman Reibold, in which the Council concurred,
and no one else desiring to be heard, Mayor Butterworth declared the
subject matter continued to the regular Council meeting of December 4, 1962.
Mayor Butterworth declared the hearing open on the appeal of Elmer and
Esther A. Bensen from Planning Commission Resolution No. 455, recommending
denial of zone variance request to allow a second dwelling at 315 LeRoy
Avenue.
The City Clerk read a letter dated September 4,1962 from Mr. W. J. Schmitt
which stated in substance that he resides on LeRoy Avenue and passes the
subject property practically every day; that in his opinion it is readily
observable that there is a waste of property and that the maintenance of
fruit trees on the front portion thereof cannot justify the taxes, nor does
it contribute anything to the immediate neighborhood.
The Planning Director displayed a map of the subject property and explained
that the basic reasons for the recommended denial were as follows: that
the subject property is in zone R-l and a second house is permitted in such
zone if three conditions are met, to wit: 1) the rear part of the lot has
been subdivided since 1949; 2) the lot area exceeds 18,750 square feet; and
3) 25% of the lots in the block on the swne side of the street have two or
more dwellings. That in this case conditions 1 and 2 are met; however,
25% of the lots between Holly Avenue and Ewell Lane do not have two or more
dwellings and a second house cannot be constructed on the subject property
unless a variance is granted. That it was the thinking of the Planning
Commission that the effect of a variance on the subject property would
automatically permit second dwellings on the rest of the block.
1.
9-4-62
HEARING'
(Low)
(F:93l)
TRACT
NO. 24140
(Final Map
and Trust)
(F:727)
15:5772
Mr. Victor R. Hansen, an attorney, addressed the Council and stated in
part that since the matter was submitted to the Planning Commission the
applicants have retained his services and that more facts have come to
light than were submitted to the Planning Commission. He then filed with
the City Clerk a petition signed by approximately 50 property owners with-
in the block favoring the requested zone variance, and an affidavit of the
applicants, setting forth in substance that in 1948, when the property was
purchased, it was in a zone permitting two single dwellings and that rely-
ing upon such zoning the applicants erected a single family dwelling on the
rear of the lot contemplating the construction of a dwelling on the front
part of the lot; that a denial of the zone variance would result in hard-
ship and financial loss to the applicants and would not be in the interests
of justice nor good planning.
Mayor Butterworth commented that inasmuch as Mr. Hansen has indicated that 1
evidence proposed to be presented to the Council has not been presented to
the Planning Commission the matter should be referred back to the Planning
Commission, to which Mr. Hansen agreed.
Councilman Phillips stated in part that he felt the matter should be
presented to the Planning Commission as a rezoning application rather
than as a zone variance application, as in effect, if the requested
variance is approved, it would automatically place the entire block in
an R-2 zone.
Councilman Reibold stated in part that he too felt that if there is
entirely new evidence it should go back to the Planning Commission; that
in his opinion an approval of the requested zone variance would change the
zoning of the area, and that it was unfortunate that the present residence
was built on the rear of the property.
Councilman Turner stated in part that at the time the property was purchased
two dwellings were permitted and that the zone change had occurred in the
interim; that he had viewed the property and a new dwelling in the front would
improve the area; however, that he too agreed that since there is new
evidence the matter should be referred back to the Planning Commission.
Councilman Reibold thereupon MOVED, seconded by Councilman Turner and
carried unanimously that the hearing be closed, and that because of the
discovery of new evidence and the proposed presentation of substantially
a new case, that the matter be referred back to the Planning Commission
without recommendation for determination, and for recommendation by the
Planning Commission.
The City Attorney commented that the matter will now require the resetting
of a hearing by the Planning Commission and the mailing and publication of
notice as was done in the original application.
Mayor Butterworth declared the hearing open on the application of Robert J.
Low for a business permit to allow the operation of a used car lot at 222
East Huntington Drive, and inquired if anyone in the audience desired to
address the Council with regard to the matter.
The applicant, Mr. Robert J., Low, addressed the Council and stated that he 1
had nothing to add to the information contained in his application.
No one else desiring to be heard Councilman Phillips MOVED that the hearing
be closed. Councilman Turner seconded the motion which was carried
unanimously.
Councilman Phillips further MOVED that the Council approve the application
of Robert J. Low for a business permit to allow the operation of a used car
lot at 222 E. Huntington Drive. Councilman Turner seconded the motion which
was carried unanimously.
Lengthy discussion was held on the consideration of the final map of Tract
No. 24140, said matter having been continued at the Council meeting of
August 21, 1962 to enable the City Clerk to mail the proper notice to the
owner of lot 42 that a public hearing would be scheduled for September 4,
1962 on the matter of the cost of improvements to be chargeable to lot 42.
2.
9-4-62
1
t~
O. 27508
(TentaF~~e)
(P:932)
15:5773
The Planning Director explained that while the final map of said Tract No.
24140 is in substantial compliance with the tentative map previously
approved by the Council, the Planning Commission suggested that the follow~
ing conditions be made part of their recommended approval of said final map;
1. Provide all necessary rear line utility easements.
2. Remove all building within the tract and all trees from the
street right of way prior to signing the final map, or post
a bond to insure compliance.
3. Install all street improvements, including drainage facilities
required by the subdivision ordinance and the Public Works
Department in accordance with plans and to grades satisfactory
to the Director of Public Works.
4. Pay the following fees and deposits:
15 steel street light posts
84 street trees
3 street name signs
38 lots recreation fee
@ $135.00
@ 8.50
@ 35.00
@ 25.00
$2025.00
714.00
105.00
950.00
$3794.00
5. Authorize the subdivider to establish a trust in accordance with
City Council Resolution No. 2512 on Lot U42 for the amount of
$149.34, plus the cost of maintaining this trust. CMOTION CHANGES AMOUNT).
The subdivider, Mr. Alfred Allen, spoke at length regarding the conditions
imposed by the Planning ,Commission on the approval of the final map of '
said Tract No. 24140, particularly with regard to the removal of structures,
pointing out that a number of property owners were not selling their land
to the subdivision but had cooperated to the extent that the street could
be constructed; that in his opinion this condition should be modified. He
also contended that the cost of the land to install the street, plus
construction expenses, should be taken into consideration with regard to
the costs to be chargeable to lot 42.
It being the consensus of the Council that the amount recommended by the
Planning Commission as the sum to be placed in a trust was insufficient,
and after extensive discussion, Councilman Turner MOVED that the trust be
set in the amount of $2450.60. Councilman Reibold seconded the motion which
was carried unanimously. '
Councilman Reibold then MOVED that final map of Tract No. 24140 be
approved subject to the above enumerated conditions, with the exception
that condition No.2 be mod~fied in that no structure remain on'any
land within the tract excep~ with the approval of the Director of Public
Works and the Planning Director. Councilman Turner seconded the motion
which was carried unanimously.
West of Lyndon Way and Magna Vista Avenue, located adjacent to the east line
of the Holly Avenue School and is the rear portion of lots at 347 and 343
West LeRoy Avenue and 350-340 West Duarte Road, consisting of four single
family home sites in Zone R-l.
MOTION by Councilman Phillips, seconded by Councilman Turner and carried
unanimously that the Council accept the recommendation of the Planning
Commission and approve tentative map of Tract No. 27508 subject to the
following conditions:
1. Provide all easements necessary to provide rear line overhead utilities.
2. 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. '
3.
9-4-62
PLANNING
COMMISSION
RESOLUTION
NO. 458
(Nursery
School)
RESOLUTION
NO. 3519
15:5774
3. Remove all buildings and structures within or' across the tract
boundaries.
4. Curbs shall be concentric with center line and a minimum of 36
feet curb to curb.
5. A covenant in form approved by the City Attorney shall'be'recorded
agreeing that for the purpose of Article IX of the Arcadia Municipal
Code the exterior boundary line of said tract shall constitute the
rear lot line of lots 1 and 4.
6. Install fences at rear of 350 W. Duarte Road to provide pool
protection as required by the Code.
1
7. The City shall dedicate, at the time of the approval of final map,
lot 11 in Tract No. 19656 for Street and Highway purposes.
8. Remove all trees from the Street right of way.
9. Dedicate 12 feet at 340 and 350 W. Duarte Road for the widening of
Duarte Road.
10. The following fees will be required:
Street light installation
Street tree installation
Recreation fee - 4 at $25.00
$230.00
76.50
100.00
$406.50
Discussion was held regarding the Planning Commission's Resolution No. 458
recommending that the business of a nursery school not be included within
the term "commercial school".
Reference was made by Councilman Turner regarding the 150 foot setback
requirement on Huntington Drive and its possible effect on the nursery
school application on said street that appeared before the Planning
Commission and the City Attorney explained the necessity of the Council
determining that the business of a nursery school is not a commercial
school as the term is used in the Arcadia Municipal Code. He further
elaborated on the background of the application for a nursery school at
said location and the proceedings instituted by the Planning Commission
to consider and make recommendations concerning the classification of
nursery schools, day schools, and the like as a special use in a C-2 zone.
The City Attorney then presented, explained the content (identical with
Planning Commission Resolution No. 458) and read the title of Resolution
No. 3Sl9,entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DETERMINING THAT THE BUSINESS OF A NURSERY SCHOOL IS NOT A
COMMERCIAL SCHOOL AS THE TERM IS USED IN SECTION 9263.1.33 OF THE ARCADIA
MUNICIPAL CODE AND THAT APPROPRIATE PROCEEDINGS SHOULD BE INSTITUTED TO
AMEND SAID CODE TO INCLUDE SUCH BUSINESS AS A SPECIAL USE UNDER TITLE 1 1
OF DIVISION 5 OF PART 7 OF CHAPTER 2 OF ARTICLE IX THEREOF."
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. 3519 b~ waived:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES : Non~
ABSENT: Councilman Balser
Councilman Reibold further ~ that Resolution No. 3519 be adopted. Motion
seconded by Councilman Turner and carried on roll call vote as follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES : Non~
ABSENT: Councilman Balser
4.
9-4-62
FOOTHILL
FREEWAY
AGREEMENT
(F:271)
BID AWARD
(Street
Resurfac;ing)
1 (l' '930'
CONVALESCENT
HOME
(1601-09 S.
Baldwin)
(F :611)
STOP SIGNS
1 (Inter-
sections of
Longley Way
and Warren
Way at
Woodr'!ff)
(S :Traffic
SS)
15: 5775
MOTION by Councilman Phillips, seconded by Councilman Turner and carried
unanimously that the Council accept the recommendation of the City Manager
and that the matter of approving the Foothill Freeway Agreement be tabled
until a~equate information is available for presentatio~ to the Council on
the new proposal to relocate a portipn of the Santa Fe Railroad to the center
of the freeway.
Following bids received for the resurfacing ,program of major City streets
under the 1962-63 Gas Tax Project, Job No, 267:
Warren Southwest, Inc.
,Osborne Constructors
Sully-Miller Contracting Co.
D & W Paving Contractor
Griffith Company
$36,741.36
41,757.72
42,518.64
43,282.68
44,209,52
Councilman Reibold MOVED that the Council accept the recommendation of the
City Manager and the Director of Public Works; that a contract for the
work be awarded to Warren Southwest, Inc. in the amount of $36,741,36;
that all other bids be rejected and bid ,deposits returned; 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. Councilman Turner seconded
the motion which was carried unanimously.
The City Manager read a report dated August 28, 1962 from the Director of
Public Works stating in substance that certain additional work is required
of the construction at 1601-1609 South Baldwin Avenue, such as provisions
for weep holes along the retaining walls, particularly on the north and
west property lines as well as suitable backfill behind the walls to protect
adjacent property improvements.
The report continued 'that the block wall along the north property line is
now between 7-1/2 an4 8 feet high along the cut portions of said property
and the same wall provides 3-1/2 to 4 feet of wall above the adjacent land
on the north side of the property, the same situation being true to a lesser
degree along the westerly property line; that the concrete block wall buiit
along the south property line now conforms to the plans submitted and
approved by the Council.
Councilman Phillips MOVED that the Council accept the recommendation of the
City Manager and the'Director of Public Works and that on the basis of the
foregoing report the' concrete block wall around the north, west and south
property lines of the Clari~io Rest Home at 1601-1609 South Baldwin Avenue
be accepted as constructed, subject to the corrections to be made as recited
above, same to be approved qy the Department of Public Works, Councilman'
Turner seconded the motion which was carried unanimously.
The City Manager advised that upon receipt of a communication from Mr. Roy M,
Thomas and others regarding hazardous intersections in the area of the
Longley Way School, study was given to said intersections by the Police and
the Engineering Departments and that they advised that neither the traffic
volume, speed or accident records warrant the installation of stop signs
at said locations; that there are, however, sight restrictions at the south-
west corner of Woodruff Avenue and Warren Way and the southeast corner of
Longley Way and Woodruff Avenue which restrict vision at these intersections;
that the Director of'Public Works is attempting to have these sight
restrictions removed and if this is possible, the 'installation of stop signs
is not reoommended; however, if the elimination of the sight restrictions is
not possible the requested sign installation would then be recommended.
,
Discussion ensued, the Council members indicating concern, especially for the
school children in the area, The wall around the Longley Way Sc;hool as a
sight obstruction wa~ mentioned as well as sight obstructions in parkways
and private property; also the possible use of temporary signs on a trial
basis ,
5.
9-4-62
RESOLUTION
NO. '3521
LUTHERAN
CHURCH
(Quitclaim)
nsp
LOT SPLIT
NO. 371
(Deed)
CALL FOR BIDS
(Curb
Addressing)
(F:933)
15:5776
Mr, Fred G. Kennedy, 370 Woodruff Avenue, addressed the Council and
reiterated in substance the above mentioned petition and pointed out that
the subject intersections have been the scene of several accidents; that
the sight obstructions at said intersections cause a dangerous situation,
particularly to children on the way to and from the Longley Way School,
The Council, being of the opinion that stop signs would undoubtedly
aleviate the situation, Councilman Reibold MOVED that 4-way stop' signs be
installed at the two corners of Longley Way and Woodruff Avenue and
Warren Way at Woodruff Avenue. Councilman Turner seconded the motion
which was carried unanimously.
Whereupon the City Attorney presented, explained the content'and read the I
title of Resolution No. 3521, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING THE INTERSECTIONS OF WARREN
WAY AND LONGLEY WAY WITH WOODRUFF AVENUE AS STOP INTERSECTIONS AND DIRECTIN
THE PLACING AND MAINTAINING OF STOP SIGNS THEREAI."
MOTION by Councilman Phillips, seconded by Councilman Turner and carried on
roll call vote as follows that the reading of the full body of Resolution
No. 3521 be waived:
AYES: Councilmen,Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Phillips further MOVED that Resolution No. 3'521 be adopted,
Motion seconded by Councilman Reibold and carried on roll call vote as
follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
'NOES: None
ABSENT: Councilman Balser
MOTION by Councilman Reibold, seconded by Councilman Turner and carried
unanimously that the Council accept the recommendation of the City Manager
and authorize the Mayor and City Clerk to 'execute on behalf of the City a
Quitclaim and Release of Offer of Dedication for public street purposes
the easterly 30 feet of the property of Our Savior Lutheran Church, 512
West Duarte Road, as required by Council Resolution No. 2811 adopted
October 2, 1956.
The City Manager advised that on June 22, 1962 the Planning Commission
approved lot split No, 371 subject to seven conditions, one of which was
that the City deed to Horace B. Morgan, lot 27 of Tract 26938, recorded
in Book 681, pages 55 and 56 in the office of the Los Angeles County
Recorder.
MOTION by Councilman Phillips, seconded by Councilman Reibold and carried
unanimously that the Council accept the recommendation of the City Manager
and authorize the Mayor and City Clerk to execute the deed as described
above and that the delivery thereof be made concurrent with the grantee's
performance of the other six conditions.
1
Discussion was held regarding City-wide curb addressing, it being proposed
that such addressing be 4 inch black numbers on 5-1/2 inch by 16 inch
white 707. to 90% glass bead saturation background, the addresses to be
readable day or night from the driver's seat at 25 m,p.h, and expected to
last five years. The City Manager advised that a quotation had been
received from Veteran's Addressing Service for the entire city with the
exception of commercial units of 35 cents per unit, the estimated total
being approximately $4000 and said amount exceeding $3000 it would be
necessary to attempt to obtain other quotations.
The Council determining that this project would be beneficial to the total
City, Councilman Turner ~ that a call for bids for such work be
6,
9-4-62
PECK ROAD
(Pavement)
1
WATERSHED
FIRE
PROTECTION
PLAN
(A:Co
WFP)
1
GEOPHYSICAL
TESTS
(Standard
Oil)
15 :5777
advertised, expenditure for such work to be allocated from the Council
Contin~ency Fu~d. Councilman Reibold seconded the motion which was carried
on roll call vote as follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: CouncilllU!n Balser
In accordance ~ith the City's past practice of being responsible for the
cost of installing pavement between the edge of existing pavement and
newly constructed curb and gutters installed by property owners, Councilman
Phillips MOVED that the Council accept the recommendation of the City
Manager and the Director of Public Works and authorize the Director of
Public Works to cause the work to be done in the Peck Road Subdivision -
Arcadia Industries and also authorize the transfer and appropriation of'
the sum of $2000 from the reserve for Capital Improvement Projects Account
No. 285 in the General Fund to Capital Projects Account No. 223 - Peck
Road Improvement. Councilman Reibold seconded the motion which was carried
on roll call vote as follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
The City Manager submitted a comprehensive report on the proposed Los
Angeles County Watershed Fire Protection Plan which summarized the concern
felt for the preservation of the watersheds and prevention of forest fires,
the organization meetings of the, Watershed Commission, an explanation of
said Commission, its aims toward the problems of forest and water '
preservation and flood prevention and its need for a long range program of
fire prevention education, its appropriations from County, State and
national governments to pay for more fire control crews and equipment and
the listing of expenditures, Together with the report t~e City Manager
submitted a proposed Statement of Policy of the Council regarding the
proposed County 10-year plan for development of 'watershed fire protection
facilities and recommended that the Council adopt said statement as the
official position of the City on the basis of p~esent knowledge.
The City Manager commented that'he had spoken with Mr. Camphouse, a former
Councilman of Arcadia, regarding the matter and: that Mr. Camphouse had '
expressed himself as being fully in accord with'the proposed statement of
policy.
After brief discussion, the Council expressing its approval of the Statement
of Policy, Councilman'Turner MOVED that the Council accept the recommen-'
dation of the City Manager and adopt the Statement presented by the City
Manager as its policy regarding the proposed County 10-year plan for
development of watershed fire protection facilities. Councilman Phillips
seconded the motion which was carried unanimously.
(Report of City Manager dated August 27,1962 re Los Angeles County Watershed
Fire Protection Plan and Statement of Policy attached thereto on file in
office of the City Clerk).
The City Manager advised that the Standard Oil Company of California has
re~uested permission to complete its geophysical reconnaissance program in
Arcadia, the first phase having occurred in 1960; that the proposed program
would be conducted along the Arcadia Wash Flood Control Channel between
Duarte Road and the southerly boundary of Arcadia just below Live Oak
Avenue and in addition, on private property adjacent to the street of
Camino Real between Baldwin Avenue and the easterly City limits, said
request setting forth certain procedures, the time element involved and
insurance policy terms.
Mr. A. Gordon, representing the Standard Oil Company of California, addressed
the Council and explained the functions of the geophysical program, and,
when asked if he thought his company would be willing to name the City of
Arcadia as co-insured under its policy of insurance he replied that he was
sure this would be satisfactory.
7.
9-4-62
COUNCIL
POLICY
(Witness
Fees)
(IR)
LEAVE OF
ABSENCE
(Gladys
S. Baker)
(IR)
ORDINANCE
NO. 1186
(Introduced)
(F :905)
15:5778
General discussion ensued and it being the consensus of the Council that
the request be granted subject to the terms specified, plus the
additional term that the City of Arcadia be named as co-insured under
the policy of insurance, Councilman Turner MOVED-that the.Council accept
the recommendation of the City Manager and approve the request of the
Standard Oil Company of California to conduct a geophysical reconnaissance
program in the City of Arcadia as outlined in its request, and at the
locations specified, subject to the following conditions:
1. All operations to be subject to the supervision of the Fire Inspection
Bureau of the City of Arcadia.
2. No tests shall be made without first obtaining the written consent of
the owner of the property upon which the test is being made.
I
3. All residents or occupants of property within 1,000 feet of the test
location shall be contacted immediately preceding the test.
4. Consent granted shall expire on November 15,1962.
5. City of Arcadia to be named as co-insured under the Company's
policy of insurance.
Councilman Reibold seconded the motion which was carried unanimously.
MOTION by Councilman Phillips, seconded by Councilman ~urner and carried
unanimously that the Council accept the recommendation of the City Manager
and that its policy with regard to witness fees and mileage for City
employees shall be as follows:
1. When a City employee is subpoenaed, or otherwise directed by a body
of competent jurisdiction, before a court, legislative committee or
judicial body for the purpose of testifying concerning City records
or action, attendance shall be deemed employment by the City so far
as the employee's salary is concerned.
2, When a City employee is so required to appear he shall at the time
of service demand the statutory mileage and witness fees.
3. Witness fees shall be remitted to the City Treasurer.
4. If during the course of such appearance the employee uses a City
car, .the mileage fees shall be remitted to the City Treasurer. When
the employee uses his own car he shall retain any mileage fees.
Councilman Reibold MOVED that the Council accept the recommendation of the
Personnel Board and that Gladys S. Baker, Secretary, Fire Department, be
granted a leave of absence from July 24, 1962 through October 21, 1962
(14 days with pay, the remainder without pay) and that such leave of
absence shall not constitute an interuption in service. Motion seconded
by Councilman Phillips and carried unanimously.
I
The City Attorney presented for the first time, explained the content and
read the title of Ordinance No, 1186, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO ARTICLE III OF THE
ARCADIA MUNICIPAL CODE A NEW CHAPTER 6 ENTITLED 'HELICOPTER REGULATIONS'."
MOTION by Councilman Phillips, seconded by Councilman Reibold and carried
unanimously that the reading of the full body of Ordinance No, 1186 be
waived:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Phillips further MOVED that Ordinance No. 1186 be introduced.
8.
9-4-62
I
ORDINANCE
NO. 1185
(Adopt~d)
(F:9~7)
ORDINANCE
NO. 1188
(Adopted)
(F:928)
I
15: 5779
Councilman Turner commented that he felt the ordinance was incomplete in
that it did not stipulate requirements concerning business licenses for
each helicopter company using the subject facilities. It was explained
that this ordinance is general inasmuch as it has no precedent in the City;
that regulations regarding licenses and other matters will be developed
and incorporated in other ordinances. The City Attorney mentioned that
no determination has as yet been made as to the basis upon which the City
will license such,users of the heliport facilities 'and Councilman Turner
stated that he felt it should be on a flat fee basis. The City Attorney
then suggested that the staff study the matter and have its recommendation
ready prior to the next Council meeting, which would then enable him to
draft an ordinance for submission to the Council.
There being no further discussion Councilman Reibold seconded the above
motion to introduce Ordinance No. 1186 which was carried on the following
roll call:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
The City Attorney presented for the second 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 Phillips and carried
on roll call vote as follows that the reading of the full body of Ordinance
No. 1185 be waived:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Reibold further MOVED that Ordinance No. 1185 be adopted.
Motion seconded by Councilman Turner and carried.on roll call vote as
follows:
AYES: Councilmen Phillips, R~ibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
The City Attorney presented for the second time, explained the content and
read the title of Ordinance No. 1188, entitled: "AN ORDINANCE OF THE PEOPLE
OF THE CITY OF ARCADIA, CALIFORNIA, 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,
AND EXEMPTING THEREFROM CARITABLE ACTIVITIES." .
MOTION by Councilman'
on roll call vote as
No. 1188 be waived:
Phillips, seconded by Councilman Reibold and carried
follows that the reading of the full body of Ordinance
"
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Phillips further MOVED that Ordinance No. 1188 be adopted,
Motion seconded by Councilman Reibold and carried on roll call vote as
follows:
AYES: Councilmen Phillips, Reibold (who added that while
himself previously as not favoring the ordinance,inasmuch
of the Council favored it, he had voted "Aye" in order to
matter), Butterworth
he had expressed
as the majority
expedite the
9,
9-4-62
ORDINANCE
NO. 1189
(Adopted)
(F:928)
15:5780
NOES: Councilman Turner
ABSENT: Councilman Balser
Upon request, the following persons received permission to address the
Council, Mayor Butterworth advising them that this was not a duly published
public hearing on the matter and commenting in substance that the ordinance
would become effective only if acted upon favorably by the electorate of
Arcadia; that if this happened it would be the option of anyone who so
desired to test its constitutionality; that if it did not win in the
election the present ordinance regarding direct selling would still be in
effect.
Fuller Brush Co. representatives: Messrs. Hamlin and Chandler: I
Expressed opposition on the basis of hardship to certain individuals;
that there should be a public hearing on the matter and that such
prohibition would not be legal.
Mr. Henry D. Chandler: That he had secured approximately 3500 signatures
of persons favoring door to door solicitation of Fuller Brush and Avon
and that he felt the City's present ordinance regarding solicitation resulted
in the desired effect.
Miss Hamilton, representing Avon: That her experience has been that people
are more opposed to charitable solicitation than commercial and might vote
in favor of the subject ordinance under the impression that it would ban all
types of door to door solicitation.
Mr. Gross, representing the Jewel Tea Co.: Cited figures of sales and other
taxes inurring to the benefit of municipalities as a result of direct selling.
Mr. Cuttrough, residing on Sandra Avenue in Arcadia, inquired as to the cost
to the taxpayers of placing the issue on the ballot and was advised that it
was estimated at approximately $3000.00.
The City Attorney presented for the second 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."
Councilman Phillips MOVED that the reading of the full body of Ordinance No,
1189 be waived. Councilman Reibold seconded the motion which was carried on -
roll call vote as follows: I
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Phillips further MOVED that Ordinance No, 1189 be adopted.
CounCilman Reibold seconded the motion.
CounCilman Reibold inquired if this ordinance prohibits the solicitation of
funds for political purposes and the City Attorney replied that it did not.
The following roll call was then taken:
AYES: Councilmen Phillips, Reibold (who
ordinance but is voting "Aye" for
NOES: Councilman Turner
ABSENT: Councilman 'Balser
commented that he is opposed to the
technical reasons), Butterworth
10,
9-4-62
RESOLUTION
NO. 3517
I
RESOLUTION
NO. 3518
RECESS
I
COUNTY
BOUNDARY
COMMISSION
CITRUS
GUILD
15:5781
The City Attorney presented, explained the content and read the title of
Resolution No, 3517, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, STATING ITS POSITION RELATIVE TO CHANGES IN
RATES AND AMOUNTS OF TAXES AVAILABLE FOR CONSTRUCTION OF CITY STREETS."
MOTION by Councilman Turner, seconded by Copncilman Re~bold and carried on
roll call vote ,as follows that the reading of the full ,body of Resolution
No. 3517 be waived:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Turner further MOVED that Resolution No. 3517 be'adopted.
Motion seconded by Councilman Phillips and carried on roll call vote as
follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
The City Attorney presented, explained the content and read the title of
Resolution No, 3518, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 3498 BY
CHANGING THE SALARY SCHEDULE OF CERTAIN EMPLOYEES; CREATING WITHIN THE
DEPARTMENT OF PUBLIC WORKS FIVE POSITIONS OF MAINTENANCE MAN II IN THE
CLASSIFIED SERVICE OF THE CITY OF ARCADIA AND SPECIFYING THE QUALIFICATIONS
THEREFOR AND THE DUTIES THEREOF; ABOLISHING FIVE POSITIONS OF MAINTENANCE
MAN; AND AMENDING THE SPECIFICATIONS AND QUALIFICATIONS FOR MAINTENANCE MAN
IN SAID DEPARTMENT OF PUBLIC WORKS."
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. 3518 be waived:
AYES: Councilmen Phillips, Reibold, Turner,'Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Turner further MOVED that Resolution No. 3518 be adopted. Motion
seconded by Councilman Reibold and carried on roll call vote as follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Mayor Butterworth declared a recess at 10:30 P.M.
The meeting reconvened at 10:35 P.M.
Mayor Butterworth ordered filed the following notices from the Los Angeles
County Boundary Commission of proposed annexations as they have no effect
on Arcadia:
Nos. 279, 288, 293, 294, 295 to the City of El Monte;
No. 2l-A to South El Monte,
Communication dated August 30, 1962 from Citrus Guild of Musical Arts
requesting permission for a member of the Board to address the Council.
Permission being granted, Dr. William Wright spoke briefly, explaining the
functions of the Guild and what it hopes to accomplish in the future. That
they were requesting both moral and financial support within the scope of
ability of the municipalities affected by their endeavors.
Mayor Butterworth stated that the Council would give the matter its
consideration; however, that the fiscal budget for the year 1962-63
had already been approved and as no request had been received prior to
that time there were no fuqds allocated in the budget for such purpose.
11,
9-4-62
15:5782
AUDIENCE PARTICIPATION:
FORMER
LIBRARY
SITE
(Sale)
CONVALESCENT
1I0ME
(1601-09
S. Baldwin)
(F :611)
A:LWV
A:CC
Mr, John H. Saunders, 841 San Simeon Road, President of the Rancho Santa
Anita Residents' Association, addressed the Council, expressing appreciation
for the additional time the Council had granted to permit the Association to
prepare an appraisal of the property which would be affected by the freeway;
that such appraisal had been made and copies had been submitted to the City
Manager and Director of Public Works and that additional copies were in the
process of being transmitted to the Council. lie again urged the Council to
retain as much leverage as possible in an effort to have the freeway
silhouette as low as possible. 'He was assured by Mayor Butterworth that
the Council is aware of the concern of the Association and that no step will
be taken without giving said Association noticei that the Council oonSiderel
the information tendered by the Association invaluable; however, that the
Council does not have unlimited control but that it can withhold approval
until the best possible arrangements have been reached.
Discussion was held on the matter of obligation of the City, if any, to the
Arcadia Board of Realtors regarding the disposal of the old library site.
The report of the Committee for the disposal of the old library site was
also discussed, said report mentioning in part that the Board recognizes
that the negotiations with the Dentco Corporation did not involve ~
member realtor and that the transaction was consummated after the expiration
of the exclusive on June 15,1962 although such negotiations were under way
prior to the expiration of the contract with the City and that the commission
is due them as provided in the agreement with the City,
It was the consensus of the Council that while the agreement with the
Dentco Corporation did not involve the Board of Realtors, the Board did
assume expenses in advertising the property and did spend time on the
matter, and that some payment should be made.
Whereupon Councilman Phillips MOVED that the Council approve the report of
the Library Committee, accept its recommendation and authorize a payment of
$600 to the Arcadia Board of Realtors for their expenses in connection with
the disposal of the old library site, and that said amount be paid from the
unappropriated surplus account, Councilman Turner seconded the motion which
was carried on roll call vote as follows:
AYES: Councilmen Phillips, Reibold, Turner, Butterworth
NOES: None
ABSENT: Councilman Balser
Councilman Reibold then MOVED that the staff be directed to credit sums as
they come in from the De~Corporation on the purchase of the former
library site to the Cash Basis Fund until further order of the Council,
Councilman Phillips seconded the motion which was carried unanimously.
The Council requested the City Manager to advise Mr. Orlando Clarizio that
for technical reasons he submit his request to permit 70 beds in the I
Convalescent Home at 1601-1609 South Baldwin Avenue rather than the
original 66 bed operation to the Planning Commission for a modification,
of the variance granted him by Resolution No, 3316, inasmuch as the 66
bed limitation was a basic part of the variance granted, as distinguished
from a condition, which could be modified.
Mayor Butterworth ordered filed the communication from the League of Women
Voters of Arcadia, dated August 20, 1962, commending the Council for its
recent action with regard to negotiations for a sister city in Greece and
for their interest in relocating a Cuban family.
MOTION by Councilman Reibold, seconded by Councilman Turner and carried
unanimously that the Council grant the request of the Community Chest to
erect banners advertising the Chest Campaign in the business districts
upon the same conditions granted in 1961, for a 30 day period commencing
September 10,~962,
ADJOURNMENT At 11:00 P.M. Mayor Butterworth declared the meeting adjourned,
ATTEST: , 12. ~ /,\(J)~
~P7{b7~ ~L/7C ~yor Butterworth
City Clerk: