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HomeMy WebLinkAboutAUGUST 1,1961 I INVOCATION PLEDGE OF ALLEG lANCE " ROLL CALL APPROVAL OF MINUTES (7 -18- 61) HEARING (Doshier Avenue) q- t.f7 3 14:5428 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA HEGULAR MEETING AUGUST 1, 1961 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 o'clock P.M., August 1, 1961. The Invocation was offered by Rev. Kermit Reitema, Pastor of the Arcadia Christian Reform Church. Mayor Balser led in the pledge of allegiance to the flag. PRESENT: ABSENT : Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser None Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the minutes of the Regular Meeting of July 18, 1961 be approved as submitted in writing: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Mayor Balser declared the hearing open on the proposed abandonment and vacation of Doshier Avenue easterly of Highland Oaks Drive. The City Clerk advised that she had on file Affidavits of Posting and Publication of Notice, as required by law, and a communication dated July 27, 1961 from the Los Angeles County Flood Control District protest- ing the vacation and abandonment of the subject portion of Doshier Avenue and requesting that it be held in its present status. Councilman Camphouse moved that said communication be made a part of the records. Motion seconded by Councilman Reibold and carried unanimously. Mayor Balser inquired if anyone in the audience desired to address the Council in opposition to the proposed abandonment and vacation of Doshier Avenue easterly of Highland Oaks Drive, and the following persons spoke: crND~ Mr. H. J. F. Hanemann, Chief Valuation Engineer of the Los Angeles County Flood Control District spoke at length concerning the views of said District upon the effect such vacation would have regarding future activities of the District. I He stated in substance that it was the proposed plan of the District to fill the disposal area from material excavated from the Santa Anita Debris Basin just upstream from Elkins Avenue, which will then blend and be on approximate elevation with the residential area along the easterly side of Highland Oaks Drive which backs up to their property; that the area easterly of the Santa Anita Wash will be filled to a higher but still compatible elevation. That the successful operation of the Santa Anita Dam and Reservoir, as well as the Santa Anita Debris Basin, requires the maintenance of a large disposal area so that the sedimentation which accumulates in the basin and reservoir can be removed so as to restore these structures to their design capacity on short notice and thereby provide maximum flood protection. That while there is no definite schedule for filling the areas it can be anticipated they might be filled within the next 10 years; that when so filled, the areas can be declared excess to the District's need and they could at that time be sold and developed 1. 8-1-61 14:5429 into a residential area containing approximately 34 lots. That if Doshier Avenue is vacated and abandoned as a future street, these areas would be landlocked and could never be developed or restored to the tax rolls. Mr. Hanemann requested that the vacation and abandonment of the subject portion of Doshier Avenue be held in its present status as that of a future street until required for the development of the area. Mr. James p. Brice, Attorney at law, 650 South Grand Avenue, Los Angeles, representing the Camden Wilshire Company, stated in part that said Camden Wilshire Company dedicated to the City for use as a future street and storm drain easement the south 30 feet of Lot 94 and the north 30 feet of Lot 95, Tract No. 17853. That if the owners of said lots feel their rightl are being affected by the running of time, Section 748.5 of the Code of Civil Procedure provides that where land has not been used for the purpose for which it was dedicated for a period of 25 years, the purchasers of the dedicated land may bring a quiet title action and thereby clear the cloud created by the proposed dedication; however, so long as the City may gain or retain one benefit it is bound to protect and insure the benefit and the rights of its people in the property dedicated. Mr. Brice continued, stating in part that in his opinion Doshier Avenue, easterly of Highland Oaks Drive, should not be abandoned or vacated inasmuch as said owners were aware of the dedication at the time they purchased the property; that they are not being deprived of any property rights if the dedication remains,as they have full use and enjoyment of the land; that should the City seek to acquire the access at a later date by condemnation it will have to pay the reasonable value for the land (60' x 140') and severance damages; that the abandonment of said dedication will impede the further development of the Highland Oaks area; that there is no other planned access or street which can be cut through to the east, north of Foothill Boulevard; and that the subdivider, owning undeveloped land to the east of the Highlands, will have no right to acquire an access and will have to pay any price asked for the land by the owners of said Lots 94 and 95. No one else desiring to speak in opposition, Mayor Balser inquired if there was anyone in the audience who desired to address the Council in favor of the proposed abandonment and vacation of Doshier Avenue, and the following persons spoke: Mr. Clifford C. Burton, 1830 Highland Oaks Drive, stated in part that he is not one of the adjacent property owners; that approximately two years ago a petition was submitted to the Council from a large number of property owners in the Highlands, the majority not living on Doshier Avenue, regard- ing this same matter; that he wished to submit a supplemental petition, containing 69 signatures from residents in the area of Highland Oaks Drive and Doshier Avenue, requesting the Council to vacate and abandon as a future street that portion of Doshier Avenue lying easterly of Highland Oaks Drive, the City to retain the 60 foot easement for storm drain purposes. (Petition on file in office of the,City Clerk). Mr. Burton continued, stating in part that the request is based in part on the premise that the area is residential and is presently faced with problems from vehicular and truck traffic and that there is no further need for additional access following the recent opening of Sycamore Avenue to the south and Elkins Avenue to the north. That the residents were assured by the subdivider that there would' be no construction at any time in the future. I To Councilman Butterworth's question as to whether the property owners would waive severance damages should the City comply with their request at this time but in the future should have to proceed by condemnation, Mr. Burton replied that he could not in safety answer for the property owners. 2. 8-1-61 14:5430 I Mr. Richard H. Jahns, 1800 Highland Oaks Drive, stated in part that he purchased his property in 1955 with the understanding that the easement in question was to be used solely for drainage purposes and that the area immediately east of the property was not to be developed for residential use; that he protested the use of the easement for surface access, which would be objectionable not only from the standpoint of appearance but traffic and safety; that such a street in his opinion as an engineering geologist is not a real necessity, and that he desired to join the owners of adjacent and nearby properties in expressing approval of the continued use of the easement for subsurface drainage purposes but also in request- ing abandonment of the future street along this easement. Councilman Butterworth also asked Mr. Jahns if he and his successors in interest would be willing to waive severance damages and all compensation should the City in the future require an access road in the subject area and Mr. Jahns replied that speaking for himself only he would be willing to waive any and all such damages or compensation. Mr. Durwood L. Robertson, 1734 Highland Oaks Drive, stated that he owned the property to the south of the proposed Doshier Avenue future street, and in direct answer to Councilman Butterworth's question, he stated that he has offered and will repeat the offer that he would waive any claim to the property either by covenant or by agreement as to any future use or any future claim on the property and in the event the City must condemn he will waive all claims to compensation; and that he would further stipulate that there will be no buildings of permanent nature whatsoever constructed on that property. Mr. Hanemann again addressed the Council, reiterating some of his statements regarding the District's long range plan to declare some of the area excess and the need for an access road. In answer to Councilman Phillips' question as to why Grand View or Elkins Avenue could not be so used, Mr. Hanemann stated in substance that Elkins Avenue is about 1800 feet and Grand View goes to the spreading grounds and that he did not think the City would want to go through spreading grounds to get to a high-type residential area. He then requested the Councilmen to look at the map of the area, which he mentioned was tentative. He also commented that in any event no street would be laid out unless it met with the approval of the City Council, nor would there be any residential property development without the approval of the City Council. I In answer to Councilman Reibold's question as to whether, if the street were not there, it would in any way hamper the primary operation of the Flood Control District in removing from the basin and the dam the sedimentation or debris, Mr. Hanemann answered in the negative, adding in substance that the Flood Control District does have a property value in the area and is charged with the duty of recovering as much as possible and getting the area back on the tax roll or to another public use, not to leave it lying dormant, and that it is in order to preserve this right; that the District is opposed to the requested vacation. There being no one else desiring to speak, Councilman Butterworth MOVED that the hearing be closed. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Butterworth further MOVED that Council abandon and vacate Doshier Avenue easterly of Highland Oaks Drive upon the following conditions: that the City of Arcadia retain the 60 foot easement for storm,drain purposes, the easement for sanitary sewers, water mains and necessary structures pertinent thereto; that there be no permanent structures erected on the easement; that the property owners of Lots 94 and 95, Tract No. 17853 grant to the City a covenant running with the land, which will be impressed upon the title and which will bind the successors in interest 3. 8-1-61 1961-62 WEED ABATEMENT PROGRAM 11{ j INDEXED PROPOSED ANNEXATION NO. 23 /l1i10 1 lI'lDEXED 14:5431 to the effect that there will be no damages in the event the City must condemn a road easement across the property in question and that all compensation will be waived. Councilman Camphouse seconded the motion, adding that he felt the vacation is proper but that he did not agree with the conditions; however, if the owners are in agreement that he felt it only fair that Council endorse them. The motion was then carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None I ABSENT: None ''" "" ",.,." ".i.,' 'h., ,.,...., ,. 'h, ,.1""'" ,.."...., ,." . the City Council on February 7, 1961 adopted Resolution No. 3347 declaring rubbish, refuse and weeds upon streets and private property in the City to be a public nuisance; that after a public hearing on February 21, 1961 before the Council, said Council ordered the removal of such rubbish, refuse and weeds, as aforesaid, and pursuant thereto the Superintendent of Streets caused such property containing weeds or other debris to be duly posted and thereafter cleaned; that an accurate account of all charges were kept and the Superintendent of Streets has submitted his report show- ing amounts proposed to be assessed against various lots; that copy of same, together with notice of the time of its submission to and consider- ation thereof by the Council ~ad been posted on the door outside the Council Chamber on and since July 27, 1961 as required by law. The City Clerk advised that she had on file Affidavit of Posting of said report. The City Attorney continued that should the Council decide that such ,costs and expenses are necessary and reasonable in amount they shall become liens on each respective lot and parcel of land and forwarded to the County Auditor of the County of Los Angeles for inclusion with and collection together with all other taxes and assessments to be collected by the County of Los Angeles for and on behalf of the City of Arcadia. Mayor Balser thereupon declared the hearing open and stated that this is the time and place for any person to be heard who may wish to object to any of the charges or the work performed. No one desiring to be heard, Councilman Phillips MOVED that the hearing be closed. Councilman Camphouse seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I The City Attorney remarked that the Resolution would be submitted at the close of the meeting to confirm the report. (Resolution No. 3403 adopted later in meeting). CONTINUED from meeting of June 20, 1961 for purpose of determination of Council to consent to the commencement of proceedings for the annexation to the City of Arcadia of certain inhabited territory in the County of Los Angeles contiguous to the City of Arcadia and designated as "Annexation No. 23 South Arcadia Inhabited (Revised)". Mayor Balser requested the Councilmen to state their individual views; that those persons in the audience attending this meeting in order to hear Council's decision had presented their opinions at prior meetings. 4. 8-1-61 14:5432 Whereupon the Councilmen expressed themselves as follows: Councilman Reibold read the following prepared statement: "I do not believe that Arcadia's welfare is bettered by this annexation regardless of the financial consideration. "I do not believe this annexation meets the requirements of the Council's stated policy with respect to annexations. I "I do not believe that future annexations of marginal value can be stopped if this one is successful. We could well get to the place where it will be as difficult to find a distinctive suburban home in Arcadia as it is to find the drug counter in a modern drug store. "I do not believe that to increase our population by eight per cent is a matter to be taken lightly because the political and social impacts of additions of this magnitude should be carefully analyzed as they may affect our status of home rule. "I have been opposed to this annexation since its inception. I am opposed to it now. If it goes forward I will continue to oppose it in the events that precede the second Tuesday of April in 1962." Councilman Phillips stated in part that he favored the proposed annexation; that the subject area is between one-half and two-thirds surrounded by Arcadia, an island of County land insufficient in size to incorporate by itself; that he is opposed to the proposed annexation fee, or any fee for annexation, on the basis that such a fee has no precedence in Arcadia and the establishing of such a precedence could work to the disadvantage of the City in the future, but that he had voted for the fee inasmuch as the Council had ruled to that effect; that he had worked with Councilman Reibold on establishing as equitable a fee as possible and that if it must be annexation with a fee he would vote in its favor. That if the Council votes not to consent to the proceedings it places itself in the position of being intellectually dishonest if in the near future Arcadia invites other areas surrounding Arcadia to annex, and that he urged the Council to vote in favor of the subject annexation. Councilman Camphouse stated in part that he agreed with Councilman Phillips' position with regard to the annexation fee; that he had not favored such a fee but had no choice but to vote in its favor if the alternative meant no annexation. That according to his understanding of the situation as it now stands, the people of the subject area have expressed themselves as being willing to accept the annexation fee and that it is now incumbent upon the Council to go through with its implied promise. I Councilman Butterworth spoke at length, chronologically describing events leading up to the present meeting. He stated in substance that he did not altogether agree with the statements made by Councilmen Reibold, Phillips and Camphouse, particularly with respect to Councilman Camphouse's comment that inasmuch as the residents of the subject area had accepted the qualification of an annexation fee it was incumbent upon the Council to proceed. That such had not been his understanding. He then referred to the Council meeting of June 20, 1961, at which time he had questioned a number of the residents and they had expressed them- selves as being opposed to annexation if a fee was a condition ~he.~9f. That Mr. Conover, one of the active leaders of the petitioners for t~e.. annexation, had stated that in his judgment if a fee were assessed it ; would be extremely difficult to get the necessary signatures to a petition. That a vote taken of the audience by a showing of hands was by a majority against the annexation if the proposed $120,000 fee were attached. And that the minutes of said meeting attest to these facts. 5. 8-1-61 RECESS ZONE VARIANCE (Baxter) ,~b ~ ~EXED 14:5433 That he felt compelled to take cognizance of the reaction of the persons attending the Council meeting of June 20, 1961, the resentment built up in both Arcadia and the subject area, the letters of opposition received from persons in Arcadia and the subject area, and the fact that if it would be extremely difficult to get the necessary signatures to a petition that in his opinion it would be impossible for an election to carry. That in his op1n10n no useful purpose would be served by the circulation of a petition for the annexation at this time, rather that some adverse results could occur if it were circulated under the conditions as they I now exist, That for the reasons indicated he would vote against granting the request to circulate a petition. He also commented that he thought the Council should give further thought and study to an annexation policy and the matter of annexation fees. Mayor Balser stated in part that he has opposed the subject annexation from its inception on the basis that many of the parcels of land, and the streets primarily, do not meet Arcadia standards; that it is within the prerogative of Arcadia's neighbors to request annexation to Arcadia and that he thought the Council has extended every courtesy to these neighbors; however, that it is the duty of each Councilman to act in accordance with his conscience and to work for the people he is elected to represent. That in the future he would probably vote for certain annexations and that he hoped at such times he would not be considered intellectually dishonest. Councilman Phillips added that although he agreed with many of the state- ments made by Mayor Balser and Councilman Butterworth, he did not agree with the tone of finality of Councilman Butterworth that the climate is wrong; that he did agree that the Council's responsibility is to the people of Arcadia but that the inhabitants of the subject area can request inclusion in Arcadia again. Councilman Reibold then ~ that Council deny the requested permission to circulate a petition to annex to Arcadia certain inhabited territory contiguous to Arcadia, designated as Annexation No, 23 South Arcadia Inhabited (Revised). Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, 'Reibold, Balser NOES: Councilmen Camphouse, Phillips ABSENT: None Mayor Balser declared a recess at 9:35 P.M. The meeting reconvened at 9:45 P.M. Planning Commission Resolution No. 414, recommending the granting of the application of Dr. C. M. and Helen M. Baxter for a zone variance to allow two duplexes on property at 920 South Second Avenue in Zone R-2. The Planning Director explained that granting of the requested zone variance will permit the applicants to move two duplexes from East Foothil Boulevard to the Second Avenue address; that the buildings are in good condition and in accordance with Arcadia's standards whereas the build- ings presently located on the subject property and to be removed there- from are old and delapidated; that the subject property is located directly across an alley from C-l property; that Zone R-2 ordinarily allows but one duplex on a lot this size, the subject property could be used for a three or four family dwelling pursuant to Section 9253.1.3 of the Arcadia Municipal Code if it were not separated from the commercial property by the existing alley. 6. 8-1- 61 . , ' . . . . ii' ,.~ .. 'l'- ,'" '~ J' ,,. ) .10... T.,,,,.~,f.~ ..:-o.r..'-,'t.'~.'"..)o. t,_"t.. .:.:. ~~.".,..,....,~,.... ' ~ ~ ~... ~ -.. . ,\00. The last two paragraphs on the attached page 5 and the first two paragraphs on page 6 of the Council minutes of August 1, 1961 are summarized as per Councilman Butterworth's statements of August 1, 1961. Subsequently he desired said paragraphs changed as per his letter of August 16, 1961 to the City Clerk. Said changes were approved by Councilmen Butterworth, Reibold and Phillips on September 5, 1961, Mayor Balser and Councilman Camphouse being absent from said meeting. et~),a~ );r~~ City Clerk I 14:5432 W?ereupon the Councilmen expressed themselves as follows: / C~~ncilman Reibold read the following prepared statement: "I ~\not believe that Arcadia's welfare is bettered by thi:;annexation regardless of the financial consideration, ;.(. "I do ~t believe this annexation meets the requirements of the Council's stated Pdt~CY with respect to annexations, ~ "I do not believe that future annexations of marginal value can be stopped if this one \s successful. We could well get to the place where it will be as difficult to find a distinctive suburban home in Arcadia as it is to find the drug countAr in a modern drug store. "I do not belie> that to increase our population by eight per cent is a matter to be taken lightly because the political and social impacts of additions of this gnitude should be carefully analyzed as they may affect our status of home r le. "I have been.-~pose(h:t ~th-j,s'ranne_.t.:lJtft~ tnce:'i&sMnc'ep.t.j!ontr>"."~am,,op'p'ose'd"";"<:"'Yo:' ........,..... ,', . ..:!"C~~' 'f"" -' <liif"'" "'?. /-*".. ''+-'1<:;'~'j''''...':Ji:'''Ct~...r"''~.tt1J,.i- (F~, ~I r ~~n~:J\~~~];f.t~ '~gge't'\ o1;W/rd~w{rr cone~JM"to';opPos~'. i t,:;iJ1~~t~e....~~~"p'p'~~">~.f' I ...,....--.--""'Afhat..precede the second uesday of April in 1962." .;,;, .r, / fl.- ~\ Councilman Phillips stated n part that ne favored the proposed annexation; ~~. 'k that the subject area is be een one-half and two-thirds surrounded by Arcadia, an island of County land insu ficient in size to incorporate by itself; that he is opposed to the proposed nnexation fee, or any fee for annexation, on the basis that such a fee has n preiedent in Arcadia and the establishing of such a precedent could work t tHe disadvantage of the City in the future, I but that he had voted for the fee inasmuch as t~e Council had ruled to that effect; that he had worked with Co ncilman Reibold on establishing as equitable a fee as possible and that if it~mu t be annexation with a fee he would vote in its favor. That if the Council v tes not to consent to the proceedings it places itself in the position 6f bein intellectually dishonest if in the I future Arcadia invites other areas sur unding Arcadia to annex, and that he urged the Council to vote ij!favor of t subject annexation, Councilman Camphouse stated in part that H agreed with Councilman Phillips' position with regard to tHe annexation fee; that he had not favored such a fee but had no choice bui to vote in its fav r if the alternative meant no annexation. That according to his understand ng of the situation as it new stands, the people of the subject area have ex ressed themselves as being willing to accept the/a~nexation fee and that i is now incumbent upon the Council to go throug with its implied promise. [.;' ".';" :.. \> ....1., ~;~,: ., "").' di It V,;, t.'. lof. , . , V' 1~':':~'1 :).: .,1{ r. ~\ ~ ~' if ~. I,;"" ~1 I~ ~~'" .... ... ~"".--' " " '\ .r'... , ,.:'"..., ,'1"~' S .. l> '''*= ~, ~,~,,:'.S Councilman Butterw rth spoke at length, chronologi lly describing events leading up to the present meeting. He stated in suo tance that he did not altogether agree with the statements made by Councilmen Reibold, Phillips and Camphouse, particularly with respect to Councilman Cam~house's comment that inasmuch as thJ residents of the subject area had accep"ed the qualification of an anne~at on fee it was incumbent upon the Council to proceed. That such had not been is understanding. ~ He then re erred to the Council meeting of June 20, 1961, a which time he hatl quest oned a number of the residents and they had expres ed themselves as being opposed to annexation if a fee was a condition theredi. That Mr. Conover one of the active leaders of the petitioners for the a nexation, had st ed that in his judgment if a fee were assessed it would e extremely diffi It to get the necessary signatures to a petition. That a ote taken of t audience by a showing of hands indicated that a majority we e against the nnexation even without a fee; that if the proposed $120,000 fe were made a condition of annexation, the vote of the residents showed tha more thAn 90% of those present would vote against annexation. The minutes of 7&e Council meeting of June 20, 1961, attended by a large number of th residents of the subject area, attest to the opposition of the resident /the proposed Council plan for annexation. 5. 8-1-61 1l>: 5433 hat he felt compelled to take cognizance of the reaction of the persons a tending said Council meeting of June 20, 1961; the resentment built up in Arcadia and the subject area; the unmistakable opposition to annexation e many people who attended the Council meeting; the letters of oppo 'tion received from persons, both in Arcadia and the sutiject area; the op osition of property o,.uers associations, and the unmistakable fact that it would be extremely difficult to even get the neces/ary signatures on the a nexation petition (to say nothing of the electiorl itself) were all facto s that could not be ignored; that under the existing circumstances, it was rea onably clear that the tentative offer of the/City of Arcadia to permit anne ation upon payment of $120,000 fee was not/acceptable to the vast majorit of the residents of the subject area, but to the contrary was offensive to hem. ~ That in his opi on no useful purpose would be seryed by the circulation of the petition for nnexation at this time, but to Fhe contrary, adverse I results would occ in the relationship between the citizens of Arcadia and, the residents of t subject area if an annexation petition were circulated ' , under the conditions as they now exist. That for the reasons indicated, he would vote against g nting the request to cir~ulate a petition of annexation . " in the subject area. ~ . . ~>:~- ~1i,;'~~~'~it~;:~,~~~il"f~~; fJ~~\~;~~'f~~~t,""~' --~~:91;1g1;f.~5l:1~'~~YTn ~l.} IS.~rQ}l~~.J~,~~.J~ t~~rt;:er t~oug~t . ",,-, /~,~. n.. l;:.?f.~:""::lJ."'a~d?:study (to\;an...annexatio ~fpo;xtc"Y.''an(l.;,t.he,. < ,!=t~p'o.f-i~~nn~~~fpp.'J'f@~~~, . h _~ . ~ '. ' ..,. .... .. ~ -, -1...... " .. ~, I . . . .~ .., I ~'.. .:;l. of: Mayor Balser stated in part that he has/opposed the subject annexation from' its inception on the basis t at many of the parcels of land, and the streets primarily, do not meet Arcadi standa7as; that it is within the prerogative of Arcadia's neighbors to requ t annexation to Arcadia and that he thought the Council has extended every urt~sy to these neighbors; however, that it is the duty of each Councilman t a6t in accordance with his conscience and to work for the people he is elec Id to represent. That in the future he ~. I ',; ...,.", would probably vote for certain ap xations and that he hoped at such times ;:;,.' he would not be considered intZl ec ally dishonest. '-'i,' "i) Councilman Phillips added that althoug he agreed with many of the statement~{,~ made by Mayor Balser and Councilman But erworth, he did not agree with the r:, tone of finality of Councilmin Butterwor h that the climate is wrong; that 0, he did agree that the Council's responsib lity is to the people of Arcadia '~~4 but that the inhabitants of the subject ar a can request inclusion in Arcadi~; again. / :~1 Councilman Reibold thenA10VED that Council de the requested permission to ~ circulate a petition tofannex to Arcadia certa n inhabited territory ;: contiguous to Arcadia,!designated as Annexation No. 23 South Arcadia Inhabit~d (Revised). Councilman Butterworth seconded the otion which was carried ori;} roll call vote as fo'llows: :!~ ;,~ . \5 .. \{ 'ij (\:1 Mayor Balse~r d clared a recess at 9:35 P.M. The meetin \reconvened at 9:45~PI'M' \ ()' Planning Co ission Resolution No. 414, recommending the granting of the ~ apPlicat~on of Dr. C. M. and Helen M. Baxter for a zone vattance to allow ,~1 two duplex s on property at 920 South Second Avenue in Zone R-2. " ,'": The Plan ng Director explained that granting of the reques~e~zonet~~i~~~~ will pe7illit the applicants to move two duplexes from East Footh\ll Boulevard to the pecond Avenue address; that the buildings are in good condition and in ac76rdance with Arcadia's standards whereas the buildings preS~~lY located on the subject property and to be removed therefrom are old and de pidated; that/the subject property is located directly across an alley from ~l property; that Zone R-2 ordinarily allows but one duplex on a lot this size, tHe subject prpperty could be used for a three or four family dwelling pursuant td~Section 9153.1.3 of the Arcadia Municipal Code if it were not separated from tHe ~ommercial property by the existing alley. ~ \ AYES: Councilmen NOES: Councilme ABSENT: None utterworth, Reibold, Balser Camphouse, Phillips RECESS ZONE VARIANCE (Baxter) 6. 7 I, \ .' \ ' " \~~ TRACT NO. 26497 (Revised Tentative Map) 1. 2. q 3. ;(1 4. ~ 5. INDEXED ARCADIA NURSERY SCHOOL I 1~1 !INDEXED 14:5434 Whereupon Councilman Phillips MOVED that the Council accept the recommen- dation of the Planning Commission as contained in its Resolution No. 414, and that a zone variance be granted Dr. C. M. and Helen M. Baxter to allow the moving of two duplexes and garages from 142, 144, 146 and 148 East Foothill Boulevard to the property known as 920 South Second Avenue, upon condition that they be placed thereon in accordance with the plot plan submitted by applicant, be located at the Second Avenue setback line and with a driveway at the rear with a minimum width of 13 feet. Councilman Reibold seconded the motion which was carried unanimously. Revised Tentative Map of Tract No. 26497, consisting of 6 lots, located on Santa Anita Avenue at Palm Drive. MOTION by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Plan- ning Commission and approve the revised tentative map of Tract No. 26497 subject to the following conditions: Provide all necessary rear line utility easements. Remove the concrete block wall and all buildings from the tract. Remove all trees from the street area. Install all street improvements required by the Municipal Code in accordance with plans and to grades satisfactory to the City Engineer. Pay the following fees and deposits: 2.steel street lights 14 street trees 2 street name signs 6 lots recreation fee @ @ @ @ $230.00 119.00 70.00 150.00 $569.00 $115.00 8.50 35.00 25.00 6. All water services shall conform with the Uniform Plumbing Code. Application of Arcadia Non-Profit Nursery School, 1511 South 10th Avenue, for a five year ext~nsion of a 15 year variance granted August 21, 1951 to August 21, 1971, CONTINUED from Council meeting of July 18, 1961 for staff report and recommendation. The City Manager advised that his office has studied the conditions under which said school is operating and with the cooperation of the Public Works, Planning and Fire Departments, recommends the following restrictions be imposed in the event a variance extension is granted: 1. The activities of the Nursery School shall be limited to the hour, time and purpose specified in the Arcadia Non-Profit Nursery School application dated July 28, 1961. 2. All playground equipment presently located in the front yard of the property should be removed or relocated in the rear. 3. The hedges should be clipped and maintained to four feet in height in conformance with City landscaping and yard requirements. 4. All recommendations of the Fire Inspector and Building & Safety Inspector should be implemented before resuming school in September, 1961. REASONS: 1. Due to the nature of the Nursery School's activities, it is recom- mended that the school be permitted to operate between the hours of 8:45 A.M. to 11:30 A.M., Monday through Friday; and also be permitted to conduct one monthly meeting at night, not to extend beyond 10:00 P.M. to transact the business of operating the Nursery. These are the conditions and circumstances prescribed by the Nursery itself in its application for a variance extension. 7. 8-1- 61 14:5435 2. Due to the proximity of adjacent properties and in an effort to retain the environment of a residential neighborhood, it is recommended that all playground equipment in the front of the 1511 South 10th Avenue property be removed or relocated in the rear. 3. In conformance with Arcadia Municipal Code 9283.8.7, the hedge presently surrounding the front of the property should be trimmed to not more than four feet in height. 4. The main structure at 1511 South 10th Avenue contains 3600 sq. ft. of floor space on a lot of approximately 31,000 sq. ft. in area. It is in conformance with the R-l setback requirements of 35'feet. The structure was inspected by the City and State Fire Inspectors, as well,as the City Building and Safety Inspector on July 27, 1961 and found generally to be in conformance with City and State fire and safety regulations. It has been recommended that the reported infractions which were not of a major nature be corrected before the commencement of school in September, 1961. /' , I' General discussion ensued. Councilman Reibold suggested that there be added to recommendation No.2 that "No future playground equipment be located in the front yard" and the suggestion was accepted. He also commented that he had personally viewed the front yard and that he felt it warranted improvement. Upon concurrence of the Council, Mayor Balser ordered the reading waived and the letters and petition received in opposition to and in favor of the requested zone variance extension filed. (\ 0(~ " /~ ! At the request of Councilman Butterworth, Mrs. Frances Morsillo, President of the school, addressed the Council and in answer to various questions advised in substance that each weekend participating families garden, repair and do other work around the building; that they do have a paid handyman; that the extension is for the purpose of repair and remodeling the building and grounds in order to conform with the area; that they are willing to sell the back portion of their lot for a proposed subdivision although this would present a parking problem; that they would still have enough land to serve as a play yard in the rear for the children; that they are presently licensed by the State for a maximum of 24 children a day; that they have a qualified director-teacher and the mothers help under her direction. The City Manager reviewed the corrections required by the Arcadia Fire Department and the Building and Safety Division after inspection of the building and grounds by Mr. E. Chastain, Arcadia Building Department officer, Deputy State Fire Marshal John Shihanian. (Reports on file in office of the City Clerk). Mayor Balser stated in part that it must be remembered that there are I still five years remaining on the variance; that there are new homes ' being constructed in the area and that the homes in the immediate vicinity are well tended; that he favored nurseries but questioned the fairness of their contiguity to residence in an R-l zone. At Councilman Camphouse' comment that he would be interested in knowing what effect the proposed recommendations would have on the opposition of the neighbors, Mayor Balser stated that although this ia not a hearing, the Council would hear anyone desiring to speak regarding the matter. Mrs. Barbara Duke, 1503 South 10th Avenue, stated in part that the nursery school has already had nine years within which to make improvements; that the same promises of improvement were made when the original petition was circulated in the neighborhood; that she feels a nursery school in a residential area tends to deteriorate property value; that Mrs. Morsillo has told her they were having problems in securing parents' help to maintain the school; that the residents of the area are permanent whereas 8. 8- 1- 61 I I " vl ~,o ;-' STREET RESURFACING 1961-62 14:5436 the school operates 2-1/2 hours a day, five days a week, nine months a year, and the remainder of time is left completely unattended; that none of the children in the area attend the school; that a large number of the operators of the school reside in other cities; that the school refused to sell the back end of their lot at a time a development had progressed to the point where it was in escrow, one of the reasons given being that the residents of the new homes might object to the noise; that in her opinion the parents of the pupils attending the school do not take sufficient interest. Dr. Fremont P. Koch, 549 West Foothill Boulevard, addressed the Council, stating in part that he was one of the original founders of the school; that he ~efuted the fact that there had been no improvements made and submitted pictures to show the difference between the school when first started and its present appearance. That he and other parents help in maintaining the school, and that the requested extension is for the purpose of protecting the investment already in the school and to provide for its ~emodeling and refurbishing. Councilman Camphouse stated in part that he thought the conditions of the Fire and Building Departments should in any event be adhered to, and was advised that some of the conditions as required by these departments must be corrected prior to the reopening of the school in Septembe~. Councilman Camphouse then MOVED that the Council deny the request of the Arcadia Non-profit Nursery School for a five year extension to its 15 year variance. Mayor Balser seconded the motion. Extensive general discussion ensued, wherein it was stated in substance that the health and safety of the children were the prime considerations; that with five years still to go on the present variance there is time within which the school may relocate; that the denial does not preclude them from coming back in several years with another request for extension; that the area is improving.through residential development. Councilman Butterworth MOVED that the motion made by Councilman Camphouse be amended; that the nursery school be invited to improve their property and that they may reopen this application in a period of one yea~; that the Council may rehear the entire matter on its merits and according to the circumstances as they exist at that time. This amendment not meeting with the approval of Councilman Camphouse, Councilman Butterworth restated his amendment in accordance with the suggestion of the City Attorney, to wit: that the present request be denied without prejudice to its being reconsidered one year from date in the light of the then circumstances. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None A roll call was then taken on the motion as amended as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Following is a tabulation of bids received for the resurfacing program of various city streets under the 1961-62 Gas Tax Project No. 55: (ynV) 1 tImJEXED 9. 8-1-61 (Awarded to Osborn Co.) STREET WIDENING (Baldwin Ave. etc.) ~0' COMPLETION OF WORK (Sycamore Bridge) It )~tR, ~ tINDEXED 14: 5437 CONTRACTOR ITEM 1 ITEM 2 ITEM 3 8000 Tons 38.8 Tons 94 Each Paving Tack Coat Adj. M.H. $4.25 $40.00 $20.00 4.35 60.00 26.00 4.35 65.00 40.00 4.71 50.00 28.00 5.74 45.00 40.00 TOTAL $37,432.00 39,572.00 41,082.00 42,252.00 51,426.00 Osborn Constructors Warren Southwest Griffith Company Sully Miller American Asphalt Engineer's Estimate 5.10 65.00 40.00 47,082,651 MOTION by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows that the Council accept the recommen dation of the City Manager and the Director of Public Works; that a contract for the resurfacing program of various city streets under the 1961-62 Gas Tax Project No. 55 be awarded to Osborn Constructors, Pasadena, California, in the amount of $37,432.00; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived, and that the Mater 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, and that all other bid deposits be returned: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager advised that the installation of curbs and gutters by property owners will necessitate the widening of the pavement in the following locations: (a) West side of Baldwin Avenue - Camino Real to Call ita Ave. (b) Camino Real Avenue - 150 feet west of Baldwin Avenue (c) Live Oak Avenue at Las Tunas That past policy has been for the City to widen the pavement following curb and gutter construction at property owner expense. The estimated cost for the City's portion of the above work is $4,200.00. MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommen- dation of the City Manager and the Director of Public Works and authorize the transfer and appropriation of $4,200.00 from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Improvement Projects Fund Account No. 214, pavement widening Baldwin Avenue, and other streets: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser ~:~ I ABSENT: None MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the Director of Public Works and accept the work of Fred Fredenburg, contractor, for the Sycamore Bridge and equestrian tunnel, and authorize final payments in accordance with the terms of the contract documents: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 10. 8- 1- 61 GALL FOR BIDS (Extens ion Arcadia Ave,) I ,; CALL FOR BIDS (WideniJlg"& 1 Resurfacing Pavement) / J : 14:5437 MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the extension of Arcadia Avenue from its present terminus, easterly to the westerly line of the Medical Arts Building and additional extension to the easterly line of the Medical Arts Building be approved: as' submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, said bids to be opened August 14, 1961 at 11:00 o'clock A.M.: that inasmuch as the Engineer's estimate of said work is $8,500 for the extension ,of the westerly line to the Medical Arts Building and $1,500 for,the additional extension to the easterly line of said building, that the sum of $10,000 be transferred and appropriated from Reserve for Capital Projects Account 285 in the General Fund to CapiFal Improvement Projects Fund Account No, 212, Arcadia Avenue Extension: AYES: Councilmen Butterworth, Camphouse, Reibold,Phillips, Balser NOES: None ABSENT: None MOTION by Councilman Butterworth, seconded by Councilman Camphouse and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the widening and resurfacing of pavement on Sycamore Avenue from Oakglen to the easterly terminus of Sycamore Avenue, and Second Avenue from Sycamore Avenue to Foothill Boulevard, and for catch basins on Sycamore Avenue at Oakhaven Lane be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, said bids to be opened August 14, 1961 at 11:00 A.M. and submitted to the Council at the regular meeting of August 15, 1961; that the sum of $10,000 be transferred and appropriated from Reserve for Capital Projects Account No. 285 in General Fund to Capital Improvement Projects Fund Account No. 213, Second and Sycamore Avenue paving: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager advised that prior to the next meeting of the Council he would be in position to close negotiations for the acquisition of Lot 13, Tract No. 6074, located at 82 West Duarte Road at a cost of $28,200; said property consisting of 39,297.4 square feet, being 117 feet wide; the cost per square foot with improvements being 71.2 cents per square foot; the seller to supply a title policy and revenue stamps with the balance of the escrow cost divided between the seller J " and the City. g ~;~ MOTION by Councilman Phillips, seconded by Councilman Butterworth and {' ~ carried on roll call vote as follows that Council accept the recommen- dation of the City Manager and authorize him to purchase Lot 13, Tract No. 6074, as per map recorded in Book 67, page 83 of Maps, in the INDEXED office of the Los Angeles .County Recorder, and that the sum of $28,200 be transferred from the Unappropriated Surplus Account No. 290 in the General Fund to Capital Improvement Project Account No. 614: ACQUISITION OF PROPERTY ,(Lot 13, Tract 6074 - 82 W. Duarte) I ORDINANCE NO. 1135 (Adopted) AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1135, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN ~) REAL PROPERTY LOCATED AT THE REAR OF 1020 SOUTH BALDWIN AVENUE IN SAID f1,~jj C1 CITY FROM ZONE PR-3 TO ZONE C-2," /1 lNDEXED 11. 8-1-61 ORDINANCE NO. 1137 (Introduced) RESOLUTION NO. 3391 (Nullified) t('1~O ORDINANCE NO. 1132 (Held over) v/ RESOLUTION NO. 3400 14:5438 MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1135 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further moved that Ordinance No. 1135 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as fo llows : AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser I NOES: None' ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1137, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TERMINATING AND ABANDONING THE OFFER OF DEDICATION OF AND VACATING AND ABANDONING THAT PORTION OF DOSHIER AVENUE OFFERED FOR DEDICATION AS A PUBLIC STREET IN SAID CITY AND RESERVING THEREIN AN EASEMENT FOR STORM DRAIN PURPOSES." MOTION by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1137 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further moved that Ordinance No. 1137 be introduced. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney stateC for the record that Resolution No. 3391, which was presented at a prior meeting but not adopted would remain on file with the City Clerk without adoption due to Council's determination earlier in the meeting to deny request to circulate a petition in the matter of Annexation No. 23 South Arcadia Inhabited (Revised), Ordinance No. 1132, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO. 3385 ADOPTED BY SAID CITY COUNCIL ON MAY 16, 1961, AND DESIGNATED THEREIN AS 'ANNEXATION NO. 24, SOUTH ARCADIA UNINHABITED' ," was held over for the purpose of meeting with the City Attorney in I executive session for information regarding said property purchased by the City which is presently in litigation. The City Attorney advised that the City Council of Monrovia has adopted its resolution consenting to the detachment from said city of certain uninhabited territory contiguous and adjacent to the City limits of Arcadia situated near the easterly portion thereof, said annexation being for the purpose of providing a more orderly boundary at this location between the Cities, of Monrovia and Arcadia and to comply with the stated desires of the owners of property in such area. He thereupon submitted and explained the content of Resolution No. 3400 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF ARCADIA, CALIFORNIA, INSTITUTING PROCEEDINGS FOR, SETTING A PUBLIC HEARING CONCERN- ING AND GIVING NOTICE OF THE TIME AND PLACE OF SUCH PUBLIC HEARING CONCERNING THE PROPOSED ANNEXATION TO THE CITY OF ARCADIA OF CERTAIN TERRITORY ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF SAID CITY, SAID TERRITORY BEING SITUATED NEAR THE EASTERLY PORTION OF THE 12. 8-1-61 I , " RESOLUTION NO. 3406 ~D\P ~ 14:5439 CITY OF ARCADIA AND DESIGNATED AS 'ANNEXATION NO. 25, EAST ARCADIA UNINHAB ITED' ." MOTION by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3400 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No, 3400 be adopted, Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No, 3406, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE PLACING AND MAINTENANCE OF TWO DUPLEXES AND GARAGES ON PROPERTY AT 920 SOUTH SECOND AVENUE IN SAID CITY," MOTION by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No, 3406 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None lNDEXEDCouncilman Phillips further moved that Resolution No. 3406 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: RESOLUTION NO. 3403 AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3403, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE SUPERINTENDENT'S REPORT OF THE COST OF THE ABATEMENT OF RUBBISH, REFUSE AND WEEDS UPON STREETS AND PRIVATE PROPERTY IN THE CITY OF ARCADIA, FIXING THE AMOUNT OF THE COST OF SUCH ABATEMENT, DECLARING THE SAME TO BE LIENS UPON THE RESPECTIVE PARCELS OF LAND IN SAID CITY AFFECTED THEREBY, AND DIRECTING THE COLLECTION THEREOF," I , . , 's' MOTION. I>y Councilman Reibold, seconded by Councilman Phillips and carried " on roll call vote as follows that the reading of the full body.of ,'I i) Resolution No, 3403 be waived: J\, 1'\ AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser '1 NOES: None ABSENT: None INDEXED Councilman Reibold further moved that Resolution No. 3403 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold,Phiilips, Balser NOES: None ABSENT: None '- .< .' 13. 8-1-61 RESOLUTION NO. 3404 I INDEXED ORDINANCE NO. 1136 (Introduced) I PLANNING TECHNICIAN nW/~' V' ~ INDEXED REFUND (Hawes) ~~1f,1 IIlDEXED COUNTY BOUNDARY COMMISSION 14:5440 The City Attorney presented, explained the content and read the title of Resolution No. 3404, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE IMPROVEMENT OF BALDWIN AVENUE, A PUBLIC STREET IN SAID CITY OF ARCADIA." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3404 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I Councilman Phillips further moved that Resolution No. 3404 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented for the:first time, explained the content and read the title of Ordinance No. 1136, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING THE REAL PROPERTY LOCATED AT 645 THROUGH 671 NAOMI AVENUE IN SAID CITY IN ZONES C-3 AND D (ARCHITECTURAL OVERLAY) UPON THE PERFORMANCE OF SPECIFIED CONDITIONS PRECEDENT." MOTION by Councilman Reibold, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1136 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1136 be introduced. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None MOTION by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that Council accept the recommendation of the Personnel Board as stated in its communication of July 14, 1961 and adopt the proposed class specification for a Planning Technician as approved by the Planning Director and considered at the Personnel Board meeting of July 13, 1961, said position being included as a new position in the Planning' Department organizational structure in the 1961-62 Budget. I MOTION by Councilman Camphouse, seconded by Councilman Butterworth and carried on roll call vote as follows that the Mayor and City Clerk be authorized to refund the sum of $13.12 to Richard Hawes (Oakdale Memorial Park), being the unused portion of the investigation fee deposited in connection with his application for a business permit.: AYES:' Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser; NOES: None; ABSENT: None. Mayor Balser ordered filed notice from the County Boundary Commission that the City of El Monte has filed Annexation Proposal No. 258, since it has no effect Upon the City of Arcadia. AUDIENCE PARTICIPATION No one in the audience desired to address the Council. 14. 8-1-61 MATTERS FROM CITY OFFICIALS: 14:5441 C~uncilman Phillips reminded the Council of a meeting of the Independent Cities on August 16, 1961 at 7:30 P.M. at the Roger Young Auditorium. MOTION by Councilman Reibo1d, seconded by Councilman Camphouse and carried on roll call vote as follows that Council accept the recommendation of the Planning Commission and deny the requested annexation to Arcadia of area consisting of 21 parcels, bounded on the east by Mayflower Avenue, on the s~uth by Camino Real, on the west by Loganrita Avenue and on the north by ~f Altern Street: (Placed on pending agenda 7-18-61 awaiting Council's -~OI determination on Annexation No. 23) ~~r~AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser ~t" NOES: None AllSENT: None MAYFLOWER & CAMINO REAL PROPOSED ANNEXATION I.... INDEXED CARDS Councilman Butterworth, as liaison with the Recreation Commission, suggested that identification cards be issued members of said Commission and perhaps other Boards and Commissions. The City Manager stated that he would look into the matter. FALLOUT SHELTERS SPEEDING CITATION (Santa Fe R.R.) BOARDS & COMMISS IOII~V LIST / ,/ Upon suggestion and MOTION by Councilman Butterworth, seconded by Councilman Phillips and carried unanimously, the City Attorney was instructed to draw a resolution for submission to the Governor or the State Legislature suggest- ing that in the matter of fallout shelters constructed by property owners that this shall not increase the assessed value of their property, and that Some thought be given to a reduction in the State income tax to those individuals constructing such fallout shelters, not to exceed a certain ,atnoun t . '1.( /' Councilman Butterworth inquired as to the possibility of the City issuing a speeding citation against the Santa Fe Railroad due to a fatal accident wherein one of its trains fatally injured an Arcadia girl approximately a week ago, at which time the train was traveling through the City at 40 ~.p.h. whereas the City's speed limit is 30 m.p.h. The City Attorney commented that the matter is still under study and consideration but that no final decision has yet been reached. The City Manager remarked that the tape recording the speed of the train was presently in Topeka, Kansas. Councilman Camphouse requested that he be furnished a new list of all the City's Boards and Commissions, incorporating the new,appointments, and the City Manager stated that this would be done. ADJOURNMENT At 11:10 P.M. Councilman Camphouse moved that Council adjourn to an executive session in the Conference Room to discuss a matter of litigation to which the ~ City Attorney had referred earlier in the meeting. Councilman Phillips seconded the motion which was carried unanimously. RECONVENED Mayor Balser reconvened the regular meeting of the City Council in the Council Chamber at 11:35 P.M. Based on the discussions in the executive session with the City Manager and the City Attorney concerning the Larkwood Construction Company litigation, Councilman Camphouse MOVED that the City Manager and the City Attorney be authorized to negotiate a settlement with Larkwood Construction Company of e Superior Court action now pending against the City of Arcadia, upon the minimum terms that the City of Arcadia and the County of Los Angeles be released by Larkwood Construction Company from all claims of damages; that the pending litigation be dismissed with prejudice, and including the transfer of the property involved to Larkwood Construction Company at a figure no less 1 q.~ than that paid by the City; and further that the City Manager be authorized if ~ to investigate the feasibility of the City acquiring alternate properties in lieu of that under litigation. Motion seconded by Councilman Phillips and carried on roll call vote as follows: ' RIO HONDO I''''''~: INDEXED AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None ADJOURNMENT Mayor Balser declared the meeting adjourned st 11:40 P.~ ~a~ ell, Cl~,k. ~ 15. 1-61 M r Balser