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HomeMy WebLinkAboutAUGUST 15,1961 I INVOCATION ROLL CALL APPROVAL OF MINUTES (7-27-6l) HEARING (Rub ins) I' {j. ,~.> ,,'!)... ( :INDEXED I HEARING (Binkley & Cislo) , '10.1 ~r - r;:rt :I7IDEXED l4:5442 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST l5, 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 l5, 1961. The Invocation was offered by Rev. Walter Dannaman, Pastor of the American Lutheran Church of Arcadia. PRESENT : ABSENT: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser None Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the minutes of the Adjourned Regular Meeting of July 27, 1961 be approved as submitted in writing: AYES: Councilmen Butterworth, Reibold, Phillips, Balser ABSTAINED: Councilman Camphouse (Absent from meeting) NOES: None ABSENT: None Approval of the minutes of the Regular Meeting of August l, 1961 was held over due to Councilman Butterworth's request that he be permitted to add to and alter portions of the recorded proceedings pertaining to the proposed Annexation No. 23 South Arcadia Inhabited (Revised). Application of Leonard Rubin, Vice President of the B.B.C. Amusement Company, ll22 East l4th Street, Los Angeles, for a business permit to install and operate skill games at 73 West Huntington Drive. The City Clerk advised that a communication had been received from the B.B.C. Amusement Corporation, dated August 9, 1961, signed by Herman Bied, President, withdrawing their application. The City Manager stated that permission had been requested by the proprietor of the business at 73 West Huntington Drive to address the Council on the matter. A person speaking from the audience requested and received permission from the Council to speak on the matter during the time allotted for audience participation. Mayor Balser declared the hearing open on the applications of Marnell F. Binkley and Edward J. Cislo, representing the Holland Furnace Company, 19l4 East Colorado, Pasadena, for business permits to allow door to door solicitation of heating and air conditioning services, and inquired if anyone in the audience desired to address the Council either in favor of or in opposition to the granting of such permits. Mr. Norman Commons, 2327 North Garfield, Altadena, Manager of said Holland Furnace Company in Pasadena, addressed the Council, and in answer to various questions asked by the Council, stated in part that it is the proposed intention of the applicants to solicit only for cleaning and servicing heating and air conditioning equipment and should new parts be necessary they will be recommended. He mentioned that Council had authorized the granting of business permits for the same type of solici- tation in 1960 to two other applicants representing the same company and that said company presently has an Arcadia business license to install and deliver equipment within the City. That the best results in securing 1. 8-l5-6l ZONE VARIANCE EXTENSION (Margolin) , A- 3,1~:~! '- CUlDEXED ZONE VARIANCE REQUESTS l4:5443 the cleantng service seems to be through personal contact; that their volume of business obtained through this method during 1960 was approximately 400 furnaces at $25.00 each; that they issue a work-order type of contract for a stated amount; that the work is scheduled and the service performed for such stated amount and if there are any extras a supplemental contract is written but that such supplemental work amounts to only 5% of their total volume; and that the customers are billed from their Pasadena office. No one else desiring to be heard, Councilman Camphouse suggested that the hearing not be closed but continued in order that Council might consider tnvestigation of information pertinent to the subject received shortly after the granting of the permits in 1960. He then MOVED that I the hearing be continued and the matter referred to the City Manager and the City Attorney for supplemental information to enable the Council to make a proper decision. Councilman Reibold seconded the motion which was carried unanimously. Planning Commission recommendation pertaining to an extension of time for completion of proposed shopping center at Santa Anita and Live Oak Avenues, authorized by zone variance granted to Nate Margolin by Resolution No. 3025 adopted June l7, 1958. An extension is recommended to August 3l, 1962 for the completion of Phase 1 and to January 31, 1963 for final completion of the entire project. Applicant has signed an agreement to pay damages to the City if the project is not completed within the specified time. The agreement is guaranteed by a bond in the amount of $25,000 issued by the General Insurance Company of America. Councilman Phillips stated in part that he had been present at several of the hearings before the Planning Commission and that in his opinion the solutton is good; that the City Attorney and the attorney for the applicant had worked diligently on said solution. Councilman Phillips then MOVED that the Council accept the recommendation of the Planning Commission and approve the request of the applicant for an extenston of the zone variance and also approve the"Agreement For Liquidated Damages For Inexcusable Delay In Construction Program". Council- man Reibold seconded the motion. The City Attorney chronologically explored the background of the matter and the nature of damages which could be suffered by the City in the event the applicant does not proceed; that material has been prepared pertain- ing to procedures which would tend to discourage if not eliminate the purely speculative practice of securing variances and holding on to them for a number of years. That the Council would receive a copy of such material'for its consideration prior to the next'regular meeting in connection with another matter from the Commission to be considered later by the Council. Mayor Balser then requested a roll call on the above motion which was as I follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: Councilman Camphouse ABSENT: None Planning Commission Resolution No. 415 - Arcadia Parking Inc. Planning Commission Resolution No. 416 - Gilbert & Rhodes Planning Commission Resolution No. 417 - Porter, Becker & Sierra Camino, Inc. Mayor Balser declared that since no action can be taken appeal elapses the above zone variance requests will be the appeal periods have passed. (Will appear on agenda 5, 1961). until time for held over until for September 2. 8-l5-6l TRACT NO. 26655 (Tentative) I TRACT NO. 26743 (Final) 1. 2. .3~ I ~f 3. 4. :INDEXED 5. 6. I PLANNING COMMISSION IV;; p l4:5444 The City Attorney commented that the material regarding zone variance procedure mentioned in the Margolin matter was also pertinent to the above Resolution No. 4l7. In compliance with applicant's request Mayor Balser ordered continued to the Council meeting of September 5, 1961 the matter of the tentative map of Tract No. 26655 - Wistaria Avenue west of Holly Avenue. Located on the north side of Longden Avenue between El Sereno Drive and Bella Vista Drive and extends north to connect with Wistaria Avenue, consisting of l8 lots. MOTION by Councilman Butterworth, seconded by Councilman Phillips and carried unanimously that Council accept and approve final map of Tract No. 26743, subject to the following conditions: Remove all buildings from the tract. Remove all trees from the street right of way except any approved by the Director of Public Works to remain. Remove the high hedge along the north and south lines of the property. Close up the existing driveways on Longden Avenue unless approved by the Director of Public Works to remain. Provide all necessary rear line utility easements. Install all street improvements required by the subdivision ordinance in accordance with plans and to grades satisfactory to the Director of Public Works. Pay the following fees and deposits: posts @ $115.00 @ 8.50 @ 35.00 @ 25.00 $690.00 340.00 140.00 450.00 $l620.00 6 steel street light 40 street trees 4 street name signs l8 lots recreation fee 7. All water services shall conform with the Uniform Plumbing Code. 8. Dedicate a one foot strip in fee to the City at the north end of street. 9. Install barricades at the north end of "A" Street until such time as Wistaria Avenue is dedicated north of subject subdivision. That the City Clerk be and she is hereby authorized and directed to endorse in due form such approval and acceptance on said map and to affix thereto the Corporate Seal of the City of Arcadia, and to certify to the adoption and passage of a minute order at such time as there shall be deposited with the City of Arcadia a good and sufficient Surety Bond guaranteeing certain improvements in said tract, pursuant to Section 91l4.2 of the Arcadia Municipal Code. Notice that the Planning Commission has elected Ervin H. Golisch Chairman and Ralph Norton Vice-Chairman for the year 1961-62. BID AWARD The following bids received August (Improvement Second and Sycamore Avenues: 2nd & Sycamore) D & W Paving Construction Co. Aman Brothers ~ E. C. Construction Co. --.:J ~" ~ ,,""'" American Asphalt Paving Co. W. R. Wilkinson .INDExED l4, 1961 for the improvement of Engineer's Estimate $8362.50 $9224.35 $9799.50 $9895.70 $10,130.00 $9658.55 3. 8-l5-6l BID AWARD (Extens ion Arcadia Ave.) j, II ic ~ INDEXED PROPOSED ANNEXATION (Arcadia Friends Church Property) .- C' 'f --'~ "l ;"._r (INDEXED l4:5445 MOTION by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the Director of Public Works;' that a contract for the improvement of Second and Sycamore Avenues be awarded to the low bidder D & W Paving Construction Company of West Covina in the amount of $8362.50; that all other bids be rejected; that any irregularities or informalities in the bid 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: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser I NOES: None ABSENT: None Following bids received August l4, 1961 for the extension of Arcadia Avenue from its present terminus, easterly to the westerly line of the Medical Arts Building: Aman Brothers D & W Paving Construction Co. E. C. Construction Co, W. R. Wilkinson Co. American Asphalt Paving Co. Boddum Construction Co. $6653.80 74l0.l5 7968.25 8078.80 8l28,70 9881. 80 Engineer's Estimate 8464.42 MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the City Council accept the recommendation of the City Manager and the Director of Public Works; that a contract for the extension of Arcadia Avenue from its present terminus, easterly to the westerly line of the Medical Arts Building be awarded to the low bidder Aman Brothers of Covina, said contract to include proposal land 2, in the amount of $6,653.80; that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived, and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Request dated November 28, 1960 of the Arcadia Friends Church, located at the northwest corner of Lenore Avenue and Lynrose Street, to annex to the City of Arcadia 183 feet of its frontage on the east side of I Lenore Avenue. Said church property was annexed to the City as part of Annexation No. l8. Through an oversight the church parking, lot and a 25 foot strip along the southerly line of the property owned by R. G. Harris on the southeast corner of Live Oak and Lenore Avenues was not included in said annexation. Said request was held up pending the out- come of the South Arcadia Annexation No. 23 matter since the area was included in that proposal. The City Manager read a report dated April l5, 1961 covering the zoning and the City's recommendation in the event of annexation. report on file in office of the City Clerk. requested Said MOTION by Councilman Camphouse, seconded by Councilman Butterworth and carried on roll call vote as follows that Council accept the recommen- dation of the City Manager; that the City Attorney prepare the necessary 4. 8-l5-6l PENAL CODE I r;~ ~, INDEXED METHODIST HOSPITAL LEASE (Proposed Amendment) J- 8 ;;~. trNDEXED I l4:5446 documents for annexation of the subject area under the Uninhabited provisions of the' Annexation Act and the Planning Commission proceed with public hearing on the zonin~ to be placed on the property: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Manager advised that Assembly Bill No. 2533, introduced by Assemblymen Lanterman and Cameron and signed by Governor Brown, amends Section l463 of the Penal Code relating to the disposition of fines and forfeitures and that it is anticipated this will result in an increase of revenues to Arcadia of approximately $l882.00 for the period from September l5, 1961 through June 30, 1962. Councilman Camphouse MOVED that the City Manager send a letter to the Assemblymen expressing the Council's approval and appreciation. Council- man Reibold seconded the motion which was carried unanimously. The City Manager advised that in accordance with Councilmanic determination of June 6, 1961 the following proposed amendment to the Methodist Hospital lease was forwarded to their Board of Trustees: "9 - PLAN REVIEW. Prior to commencement of construction thereon, the Methodist Hospital of Southern California shall have the right to review and make recommendations to the City of Arcadia concerning any and all plans for construction on the following portion of the property described in aforesaid Exhibit A-l and excluded from the within Exhibit A-2, to wit:" That under date of August 7, 1961 said hospital requested the following paragraph be substituted for the above: "9 - Approval of Use. Prior to any use of any portion of the property eliminated from the lease premises by this Amendment, the written ap- proval of such use by the Methodist Hospital of Southern California shall be required. If any improvements are to be constructed thereon, detailed plans and specifications of such improvements shall be sub- mitted and the work shall not proceed until the approval of the Methodist Hospital of Southern California has been noted upon the duplicates of said plans and specifications. There shall be no change or alteration in any use which has been approved by the Methodist Hospital of Southern California until such change has been approved in writing by the Methodist Hospital of Southern California." The City Manager also read a communication dated August l5, 1961 from the Arcadia Chamber of Commerce which stated in substance that concerning the release of that portion of property at the intersection of Huntington Drive and Holly Avenue, the Chamber Office Location Committee concurs in the request that the hospital board be permitted to review and make recommendations concerning the architecture of the proposed building and landscaping surrounding same, it being the desire of the committee to submit plans that will be acceptable to both the City and the hospital, but that the necessity of submitting every minor change for approval would prove cumbersome and expensive. A general discussion ensued and it was the concensus of the Council that the matter should be resolved; that if the hospital is to retain the point then they should landscape and maintain it; that if they are agreeable to releasing the property to the City for such purposes as are ":p~oposed then the City will proceed to landscape it. Councilman Camphouse then MOVED that the matter be referred back to the City Manager and that he b~horized to further negotiate the matter on the firm basis that the hospital shall either acquiesce to some reason- able review without retaining complete control or else landscape and maintain the subject property. Councilman Phillips seconded the motion which was carried unanimously. 5. 8-l5-6l POPULATION INCREASE (Per Capita Revenues) :f,'~ ~ INDEXED CALL FOR BIDS (Removal 283 Parkway Trees) LIBRARY (Identifi- cation Sign) I~ .p , " -i ,~""" - !INDEXED 14:5447 The City Manager advised that the Regional Planning Commission's estimate of the population of Arcadia as of July l, 1961 is 43,74l; that the Federal census for April 1960 of the City was 4l,005; that estimates of population for the purpose of determining subventions to local government may be made by the State Department of Finance when requested and where the increase exceeds 5%, the increase of 2,466 from April 1960 to July 1961 amounting to 6%. The following report was submitted indicating the per capita increases per annum if the population figure of 43.74l can be substantiated: Gas Tax (State 5/8~ return) Gas Tax (County return to City) $2.9l x 2466 - .60 x 343 (increase since April 1961) 5.l8 x 2466 = $ 7,l76.06 205.80 I l2.773.80 $20,l55.66 200.00 $l9,955.66 Vehicle License Fee Total per annum increase Approximate cost to City for population estimate Net increase to City for first year The City Manager further stated that such an estimate to be made by the State Department of Finance has been requested and recommended that,he be authorized to execute an agreement on behalf of the City with the State Department of Finance for the population estimate. Councilman Reibold MOVED that the Council accept the recommendation of the City Manager and that he be authorized to execute an agreement on behalf of the City with the State Department of Finance for a population estimate and that the cost of same be paid from Council Contingency'Account No. 409.28 as provided in the 1961-62 Budget. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold. Phillips, Balser NOES: None ABSENT: None Councilman Camphouse ~ that Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the removal of 283 parkway trees be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, expenditure for same being provided in the 1961-62 fiscal budget; said bids to be opened September l, 1961 at ll:OO o'clock A.M. and submitted to the Council at the regular meeting of September 5, 1961. Councilman Phillips seconded the motion which was carried unanimously. In answer to Councilman Phillips query, the City Manager advised that I partial replanting of trees will commence prior to the racing season; some during the racing season and the balance thereafter. Motion by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommendation of the City Manager and authorize the appropriation from Library surplus fund of $99.60, said sum to be in addition to the $900.00 appropriated at the Council meeting of June 6, 1961, for the construction of an identifi- cation sign for the library: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 6. 8-l5-6l ORANGE GROVE RESERVOIR NO. 4 (Protective Coating - Schedule B) I .:f f( I..' 'INDE1(E;p ORDINANCE No. 1136 (Adopted - Ellen Miller Zoning) J- :J/ lNDEXED I ORDINANCE NO. 1137 (Held Over) ORDINANCE NO. 1134 (Introduced) l4:5448 The City Manager advised that at the June 20, 1961 Council meeting the Council authorized the awarding of 'a contract in the amount of $l3,398 to Edward A. Wopschall, Inc., the low oidder, for protective coating of internal 'surfaces of Orange Grove Reservoir No.3 under Schedule A; Schedules Band C to be held firm with agreement of the coritractor, to afford the City an opportunity to inspect the work on Reservoir No. 3 prior to proceeding with Reservoir No.4, predicated upon the fact that procedure with both reservoirs effected a saving of $439.00. He further advised that work on Reservoir No.3 has proceeded satisfactorily. Whereupon Councilman Phillips MOVED that the Council accept the recommendation of the City Manager and authorize the awarding of a contract to Edward A. Wopschall, Inc. for the,balance of the work on Orange Grove Reservoir No.4 in the amount of'$12,959.00 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 Camphouse seconded the motion which was carrieq on roll call vote as follows: 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. l136, 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 Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Ordinance No. l136 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further ~ ;hat Ordinance No. ll36 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 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," was held over for the purpose of securing pertinent documents. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1134, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE V OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 6 ADOPTING BY REFERENCE ORDINANCE NO. 7583 OF THE COUNTY OF LOS ANGELES ENTITLED I AN ORDINANCE ADOPTING A HEALTH CODE', AS AMENDED,' AND MAKING AMENDMENTS AND ADDITIONS TO AND DELETING PORTIONS OF SAID HEALTH CODE." 7. 8-l5-6l ORDINANCE NO. 1139 (Introduced) ORDINANCE NO. 1140 (Introduced) 14:5449 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, ll34 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Reibold further MOVED that Ordinance No. ll34 be introduced, and that a hearing on its adoption be scheduled for September 5, 1961. Councilman Phillips seconded the motion which was carried on roll call vote as follows: I AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Ordinance No. 1139, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5120.5 OF THE ARCADIA MUNICIPAL CODE AND ADDING A NEW SECTION 5l20.5.2 THERETO." The City Attorney added that said ordinance pertains to additional regulations regarding the removal of garbage, rubbish or refuse containers from public streets, sidewalks or parkways adjacent to property. Discussion was held on a proposed amendment to said ordinance which would require including the front yard of property and it was suggested that such amendment could be added at the time the adoption of this ordinance was being considered. Councilman Reibold then ~ that the reading of the full body of Ordinance No, ll39 be waived. 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 Councilman Reibold further MOVED that Ordinance No. l139 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 The City Attorney presented, explained the content and read the title of Ordinance No~ll40, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY l, 1961." I 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. ll40 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further MOVED that Ordinance No. ll40 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 8. 8-l5-61 ~ ORDINANCE NO. 1141 (Introduced) I RESOLUTION NO. 3405 (Ellen Miller Zoning) ,J I, ,'/ J:NDEXED RESOLUTION NO. 3407 I / l4:5450 The City Attorney presented, explained the content and read the title of Ordinance No. 114l, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1961." 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. ll4l be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further MOVED that Ordinance No. 114l be introduced. 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, explained the content and read the title of Resolution No, 3405, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND 'ESTABLISHING REGULAIIONS APPLICABLE TO THE REAL PROPERTY LOCATED AT 645 THROUGH 671 NAOMI AVENUE IN SAID CITY CLASSIFIED AND ESTABLISHED IN ZONE 'D' (ARCHITECTURAL OVERLAY)," said resolution being a companion to Ordinance No. ll36. 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, 3405 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further ~ that Resolution No. 3405 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. 3407, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, CREATING, ESTABLISHING AND REESTABLISHING WITHIN THE PLANNING DEPARTMENT THE POSITION OF PLANNING TECHNICIAN IN THE CLASSIFIED SERVICE OF THE CITY OF ARCADIA, AND SPECIFYING THE QUALIFICATIONS THEREFOR AND THE DUTIES THEREOF." MOTION by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3407 be waived: AYES: Councilmen Butterworth, Camphouse. Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Reibo1d further MOVED that Resolution No. 3407 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 9. 8-l5-61 RESOLUTION NO. 3408 /' l4: 545l The City Attorney presented, explained the content and read the title of Resolution No. 3408, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE GOVERNOR OF CALIFORNIA AND THE STATE LEGISLATURE TO WORK TOWARD THE ENACTMENT OF LEGISLATION PROMaI- ING THE CONSTRUCTION OF BOMB SHELTERS." MOTION by Councilman Butterworth, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3408 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I Councilman Butterworth further ~ that Resolution No. 3408 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None HEALTH & Mayor Balser ordered filed the communication from the Health and SANITATION Sanitation Commission regarding their recommendation that the Council COMMISSION adopt Ordinance No. ll34 inasmuch as said ordinance was introduced at (Communi- this meeting. cation) a~EXED CU: /J "'t' /..L, RECREATION MOTION by Councilman Butterworth, seconded by Councilman Reibold and COMMISSION carried unanimously that the suggestion of the Recreation Commission (Parks) regarding a park in the southern section of the City be referred to the , f:J" A/. Planning Director for his consideration. a: I-t""'-'.~. CITY MANAGER The City Manager excused himself from the meeting. INDEXED COMMUNICATIONS (Santa Fe RR) .s:4F I\A~ lNDEXED REFUND (Rub ins) ..J '8' !L. t/ .2.1{DEn:L Regarding communications from Mrs. Nathan Schlesinger and Mr. J. H. Hoeppel concerning safety measures at railroad crossings, the Director of Public Works advised that a conference is scheduled between the City Manager, himself, the Police Chief, the Public Utilities Commission and a member of the Santa Fe Railroad for September l2, 1961 to discuss and review the matter and that a report will be forthcoming. It was suggested that the writers of the communications be apprised of the forthcoming meeting and Mayor Balser requested that the City Manager be so advised. MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the Mayor and City Clerk be authorized to refund the sum of $l2.l7 to Leonard Rubin, being the unused portion Ofl the investigation fee deposited in connection with his application for a , business, permit: AYES: Councilmen Butterworth, Camphouse. Reibold, Phillips, Balser NOES: None ABSENT: None AUDIENCE PARTICIPATION Newbergh, N.Y. Program ,IV, ~ . f? Mr. Paul Hackstedde, 333 West Camino Real Avenue, addressed the Council, commenting on the manner in which the City of Newburgh, New York is currently handling the welfare program of that City. He referred to the publicity being presented in various newspapers and publications regarding the measures Newburgh is taking to protect the taxpayers in providing for persons on the welfare lists. Mr. Hackstedde suggested 10. 8-15-6l SAN GABRIEL RESOLUTION N S f' I ANTI~ COMMUNISM f( C; F' NEWBURGH, N.Y. N;,P 73 CLUB a r1 ft> !INDEXED I l4: 5452 that the Council direct a communication to the officials of Newburgh supporting their stand on local government. A resolution of the Council of the City of San Gabriel was then read in full by Mr. Hackstedde, imploring all patriotic Americans to awaken and fight all Communistic activity and suggested that- the Council consider adopting a similar resolution. (Resolution handed to the City Cle~k, copies of which will go forward to all members of the Council for their perusal). Referring to a pamphlet "The Southern California School of Anti- Co~nism" Mr. Hackstedde also suggested that Mayor Balser proclaim an anti-Communism week. Mayor Balser advised that he had already signed such a proclamation to be published in connection with a program sponsored by the Elk's Club, said week being September lO to 19, 1961. With reference to the matter of the City of Newburgh, Councilman Butterworth MOVED that a communication along the lines suggested by Mr. Hackstedde be directed to the Newburgh City officials. Councilman Camphouse seconded the motion which was carried unanimously. Mr. David Jackson, attorney associated with the law firm of Boller, Suttner and Boller, addressed the Council, requesting reconsideration of its action in the recent revocation of permits for skill games at the 73 Club, 73 West Huntington Drive. The City Attorney stated in part that the Council has the right to re- consider any of its decisions; that where a public hearing after notice is ~equired in the first instance, the Council cannot without similar notice receive additional testimony upon which to change its decision. That reconsideration of its decision is properly limited to reviewing evidence:upon which its decision was based, as distinguished from re- opening the matter for the taking of further testimony. He further stated that the Chief of Police, under the City's Ordinance, has the power to suspend a permit. That the matter must then be presented to the Council at its next meeting, at which time the Council has the alternative of continuing the suspension, revoking the permit, or ~einstating the permit. That from the preponderance of evidence already introduced he doubted if more mature reflection by the Council will produce any different results; that as a matter of fact the subject matter has precipitated the request by the Council that he draft an ordinance banning all skill games in Arcadia. Mr. Jackson then further stated in part that the operator is losing a sufficient volume of business by reason of the subject revocation ($lOOO approximately since May 1961) that she is in danger of losing her business. That the outstanding balance due on ,the purchase price of the business is probably more than she would be able to realize if she were to sell the business. That had the matter been tried as a mis- demeanor he doubted if a fine of more than $50.00 would have been assessed. He also mentioned that a loss is being realized-not oniy by the applicant but by the City from tax revenue. He added that with regard to the pool table owned by the applicant, there having been no evidence of its illegal operation, that the Council at least reconsider reinstating the permit for its operation. It was stated by the Council in substance that no fine was assessed against the applicant nor any punishment; that applicant's predicament is due to her course of conduct; that Mr. Jackson had not been present at the Council meeting when the evidence was introduced and it was suggested that he listen to the tape recording of that portion of the meeting. , 11. 8-l5-6l l4: 5453 It being the consensus of the Council that inasmuch as no new evidence may be introduced, Councilman Camphouse ~ that the matter not be reconsidered. Councilman Phillips seconded the motion which was carried unanimously. MATTERS FROM TIlE CITY OFFICIALS VARIANCES TRAPFIC SIGNALS (2nd lie / Foothill) CIVIL DEFENSE COMMISSION ,/ DISASTER PLAN HELIPORT ADJOURNMENT ,/ The City Attorney requested that Council consider the matter of granting variances, discussed earlier in the evening, and favor him with their comments. Councilman Camphouse commented that in considering the variance problem, thought be given to the future effects and time limits of zone variances., Councilman Camphouse suggested that pending the installation by the State of traffic signals at 2nd Avenue and Foothill Boulevard, which installati is not anticipated prior to the opening of school, the City render some temporary protection at said location, in addition to the crossing guard. Mayor Balser stated that this was a good suggestion and that the matter would be referred to the Police Department. Councilman Butterworth suggested that the Council consider the creation of a Civil Defense Commission, and that inasmuch as the elimination of chicken ranches has resulted in the infrequent meeting of the Health and Sanitation Commission that they might take on some civil defense functions. p/Councilman Butterworth inquired as to the City's progress by way of fallout shelters and the like and requested a report on the status of such program by the next Council meeting, Mayor Balser deemed this a timely suggestion and the City Manager stated that he hoped to present a disaster plan shortly. ,/ In answer to Councilman Butterworth's query regarding the, status of a proposed heliport for Arcadia, which matter had been previously discussed, the City Manager advised that the Federal Aviation Authority has designated a heliport for Arcadia, the matter being in the planning stage, and that a suitable location is being sought. At lO:35 P.M. Councilman Phillips MOVED that the meeting adjourn to August 22, 1961 at 7:30 P.M. in the Council Chamber. Councilman Reibold seconded the motion which was carried unanimously. ~ A~TEST: ~J ~h; / {/CM/ City Clerk I ~ l2. 8-l5-6l