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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: