HomeMy WebLinkAboutSEPTEMBER 5,1961
I nwremoo
ROLL CALL
Al'PROVAL OF
MINUTES
IUlARING
(Holland
Furnace
Co.)
SOR
I
INDEXED
14:5456
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
SEPTEMBER 5, 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., September 5, 1961.
The Invocation was offered by Rev. Henry L, Ewan, Pastor of the
Episcopal Church of The Transfiguration,
PRESENT :
ABSENT :
Councilmen Butterworth, Reibold, Phillips
Councilman Camphouse and Mayor Balser
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried unanimously that the minutes of the Regular Meeting of August
15, 1961 be approved as submitted in writing,
Councilman Reibold further MOVED that the minutes of the Regular Meeting
of August 1, 1961 be approved as submitted in writing by the City Clerk
and amended as requested in writing by Councilman Butterworth as to pages
5 and 6, and as thus amended that they be'approved. Councilman Butterworth
seconded the motion which was carried unanimously.
Mayor Pro Tempore Phillips ordered the approval of the minutes of the
Adjourned Regular Meeting of August 22, 1961 be continued to the
September 19, 1961 meeting.
CONTINUATION of public hearing of August 15, 1961 on applications of
Marnell F, Binkley and Edward J, Cislo, representing the Holland Furnace
Company, 1914 East Colorado, Pasadena, for business permits to allow door
to door solicitation of heating and air conditioning services, for
purpose of staff report.
The City Manager reported that he and the City Attorney had conferred
with Mr, Norman Commons, the Branch Manager of the Holland Furnace Company.
That basically the information received from him as to their method of
operation was to the effect that the branch offices act as territory
representatives for the company, whose main offices are in Holland,
Michigan; the branch offices reporting to the main office weekly as to '
all transactions made during the preceding week. That the question of
down payments at the time an order is secured was reviewed and it was
stated that they do, from time to time, collect down payments but not
in the majority of cases; also that Mr, Commons had stated that they
would be willing to have their permit contain a restriction against the
taking of advance payments and that Mr. Commons had submitted pamphlets
issued by the Holland Furnace Company entitled: "The Policy We Work By"
which have been distributed to the Council.
The City Attorney advised that follow-up letters were mailed concerning
complaints heard after the granting of a permit to the applicants'
Pasadena office about a year ago but that to date only one reply from
South Dakota had been received to the effect that they have not completed
the cases regarding Holland Furnace Company largely because a series of
hearings being held in Michigan along the same lines. He added that it
had been suggested to Mr, Commons that he attempt to secure from his
home office more up to date and direct evidence or statements as to
what specific action has been taken in those areas of complaints which
have become matters of public knowledge.
1.
9-5-61
HEARING
(McLeod -
Auction)
(/~
}b.:=
14:5457
Mr. Norman Commons addressed the Council, advising that he had written
his home office immediately after the meeting with the City Manager and
City Attorney but had not yet received a reply. He added in substance
that he, as Branch Manager, had the responsibility of adhering to the
policy of the Company and seeing that it is applied under all circumstances;
that since March 17, 1959, when he became the Pasadena Branch Manager of
the subject company, he has attempted to discharge his duties in that
connection to the best of his ability; that the Company has approximately
500 branches and about 15,000 employees a~d that occasionally a branch
office might deviate from company policies.
After discussion as to whether or not to continue this matter until rePlieSI
to correspondence have been received, it was the consensus of the Council
that inasmuch as no local complaints have been filed regarding the
performance of the subject applicants, the granting of their permits
should not be delayed.
No one else desiring to be heard Councilman Reibo1d MOVED that the hearing
be closed. Motion seconded by Councilman Butterworth and carried
unanimously.
Councilman Butterworth observed in substance that while a national firm
may in certain areas of the country operate in an unorthodox and even in
an unlawful manner it does not necessarily mean that a local organization
will follow the pattern of a foreign organization although they are sell-
ing the same product; that he wished to state to the applicants that if
Council at this time approves the granting of the requested permits, in
light of the fact that there have been complaints against this company in
other areas of the country, should the City receive complaints about any
unfair selling practices, in all likelihood the City will issue an order
to show cause why said permits shall not be revoked, but that it is the
consensus of the Council that the subject applicants are doing a good job
in the community at this time; that he has used their services personally
for a year or two and found them to be highly satisfactory.
Councilman Butterworth then MOVED that Council approve the applications
of Marnell F. Binkley and Edward J. Cislo, representing the Holland
Furnace Company, 1914 East Colorado, Pasadena, and authorize the issuance
of business permits to said applicants to allow door to door solicitation
of heating and air conditioning service from 9:00 A.M. to 4:30 P.M.,
Mondays through Saturdays and evenings by appointment. Councilman
Reibo1d seconded the motion which was carried unanimously,
Mayor Pro Tempore Phillips declared the hearing open on the application of
James Donald McLeod, 1515 South Tenth Avenue, Arcadia, to hold a public
auction on September 9, 1961, 1:00 P.M. to 4:00 P.M. at 21 East Camino Real,
Arcadia, and inquired if anyone in the audience desired to address the Council
either in favor of or in opposition to the granting of such permit,
Mr. McLeod, the applicant, addressed the Council and in an~wer to various
questions, stated in part that the auction would cover miscellaneous yard
and stable equipment belonging to Frank A. Viscio; that no outside
furnishings or equipment would be brought in,
I
Mr. McLeod requested that the date of said auction be changed to Sunday,
September 10, 1961 (same hours) as a convenience to those persons,
particularly equestrians, who could not attend the auction on September
9, 1961 (Saturday),
No one else desiring
hearing be closed,
unanimously.
to be heard Councilman Butterworth MOVED that the
Motion seconded by Councilman Reibold and carried
2,
9-5-61
I
HEARING
(Patterson -
Susan's of
Hollywood)
d..
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5t;,'V
INDEXED
I
14:5458
Councilman Butterworth further MOVED that Council deny the application
as presented and in lieu thereof authorize a permit to be issued to
James Donald McLeod to hold a public auction of miscellaneous yard and
stable equipment at 21 East Camino Real, Arcadia, on September 10, 1961
from 1:00 to 4:00 P.M. Councilman Reibo1d seconded the motion which was
carried unanimously.
Mayor Pro Tempore Phillips declared the hearing open on the application of
Mrs. Ruth E. Patterson, 11340 Ca1ifa Street, North Hollywood, California,
representing Susan's of Hollywood, 1312 North Edgemont, Los Angeles, for
a business permit to allow her to solicit door to door, Mondays through
Fridays, 9:30 A.M. to 4:30 P.M., appointments for photographers of
Susan's of Hollywood to take pictures of children, and inquired if anyone
in the audience desired to address the Council either in favor of or in
opposition to the granting of such permit.
Mrs. Patterson, the applicant, addressed the Council and in answer to
various questions, stated in part that her work consists solely of making
appointments for the photographers of said Susan's of Hollywood to take
pictures of children in the home; that a gold frame is given free to each
customer; that she is equipped with coupon books and albums with sample
photographs; that she works alone; that the price of one picture is $1.98
of which she collects $1.00 and the photographer collects 98~; that
subsequent calls are made by other employees of Susan's of Hollywood as
well as the submission of proofs; that at the end of each week she mails
to the company all the money she has collected including sales tax and
the same procedure is followed by the photographer; that she does not know
whether or not the company ever joins a charitable organization; that she
averages between 5 and 10 sales a day.
Extensive discussion was held between Councilman Butterworth and the
applicant regarding the certificate filed with the application which
stated.. .."Gratuity Price $1.98...." and another certificate submitted
to the Council which stated .... "Special offer $11.98 value ,for only
$1.98...." wherein he questioned the meaning of the word "gratuity" and
the special offer. He stated in substance that the word "gratuity"
suggested to him some kind of a donation and the "special offer" that he
was being especially favored. The applicant felt that possibly this was
the reason the "gratuity" certificate was changed.
The ~pplicant also advised, in answer to a comment by Councilman Phillips
that the certificate appeared to be a unilateral contract inasmuch as it
mentioned no refunds if the appointment is not kept; that it is payment
in advance of services rendered and that there seems to be no recourse to
the individual in the event the negative proves to be a blank or a poor
photograph; that reapppointments and retakes are made.
No one else desiring to be heard Councilman Butterworth moved that the
hearing be closed. Motion seconded by Councilman Reibold and carried
unanimously.
Councilman Butterworth stated in part that he personally felt that Mrs.
Patterson is a reputable person who knows her business and cannot be held
responsible for any literature that may be issued by Susan's of Hollywood,
but that nonetheless the net effect of that literature which would be
disseminated to the people of Arcadia would be to introduce what could
well be a deceptive situation in the sale of this merchandise; that he
is satisfied in his own mind that both of the certificates in all
probability violate rules of the Federal Trade Commission and that in
his judgment it would not be in the interest or welfare of the people of
Arcadia, at least under the present setup, that these solicitations continue;
that he did not believe a sufficient showing has been made.
3.
9-5-61
HEARING
~ood -
painting
House
Numbers
on Curbs)
dg~
~ OCNDEXED
14:5458
Councilman Butterworth then MOVED that Council deny the application of
Mrs. Ruth E. Patterson, representing Susan's of Hollywood, for a business
permit to allow her to solicit door to door appointments for photographers
to take pictures of children. Mayor Pro Tempore Phillips seconded the
motion.
Councilman Reibold added that after the $1.98 is collected there is no
way of knowing what the ultimate sale will be; that Council has no idea
as to what the Arcadia residents might be exposed to in terms of pressure,
etc. and that for that reason he too would oppose the granting of the
requested permit. '
,
Mayor Pro Tempore Phillips commented that the mere fact that there is a
certificate paid for could be construed as an invitation to call back
even at night and thus invade the privacy of the home.
I
The following roll call was then taken of the motion made and seconded:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Mayor Pro Tempore Phillips declared the hearing open on the application of
Ray H. Wood, 1788 E. Woodbury Road, Pasadena, for a business permit to
solicit door to door for orders to paint street numbers on curbs, Mondays
through Fridays, 3:00 P.M. to 5:00 P.M., and inquired if anyone in the
audience desired to address the Council either in favor of or in opposition
to the granting of such permit.
Mr. Wood, the applicant, addressed the Council and in answer to vari~us
questions, advised that he has been licensed by Los Angeles Coun~y for
six months to paint house numbers on curbs in the unincorporated areas,
such as LaCanada, Altadena, etc. That he seeks permission of the property
owner or tenant before doing any work. That he proposes to use an
aluminum paint background with black numerals and charge $1.00 per sign,
which will be collected after the work is completed and if satisfactory
to the customer; that he will have in his employ Robert E. Fox, 1790
East Woodbury, Pasadena.
No one else desiring to be heard Councilman Butterworth MOVED that the
hearing be closed. Councilman Reibold seconded the motion which was
carried unanimously.
Councilman Reibold MOVED that Council approve the application of Ray H.
Wood, 1788 East Woodbury Road, Pasadena, and authorize the issuance of a
business permit to him to solicit door to door for orders to paint street
numbers on curbs, Mondays through Fridays, 3:00 P.M. to 5:00 P.M. upon the
conditions outlined by the applicant at this meeting. Councilman Butterworth
seconded the motion and added that the applicant would be held to the method I
of operation he described and that if there were any complaints received he
would be contacted. Also that he would like the applicant to contact him
for the purpose of painting his house number on his curb.
~The motion made and seconded was then carried unanimously.
HEARING Mayor Pro Tempore Phillips announced that this is the time set for a public
(Ordinance hearing on Ordinance No. 1134, which was introduced at the Council meeting
No. 1134 - of August IS, 1961 and if adopted at this meeting, will adopt by reference
Health Code the Los Angeles County Health Code as amended; that copies of said Code
as Amended - have been on file in the office of the City Clerk since the time said
Adopted) Ordinance No. 1134 was introduced. He thereupon declared the hearing open
and inquired if anyone desired to be heard regarding the matter.
4.
9-5-61
ORDINANCE
No. 1134
(Adopted)
I
14: 5459
No one desiring to speak, Councilman Reibold MOVED that the hearing be
closed. Councilman Butterworth seconded the motion which was carried
unanimously.
The City Attorney thereupon presented for the second 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
'AN ORDINANCE ADOPTING A HEALTH CODE', AS AMENDED, AND MAKING AMENDMENTS
AND ADDITIONS TO AND DELETING PORTIONS OF SAID HEALTH CODE."
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. 1134 be waived:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and ~yor:Balser
TRACT
No. 26'~55, .
(Withdrawn)
:jg8V
tU7DEXED
ZONE
VARIANCE
(745-751
W. Naomi)
I
1-
1:<1
Councilman Reibold further ~ that Ordinance No. 1134 be adopted.
Motion seconded by Mayor Pro Tempore Phillips and carried on roll call
vote as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Mayor Pro Tempore Phillips MOVED that Council grant the request of The
Adstad Corporation, by Joe Adashek, Vice President, to withdraw the
tentative map of Tract No. 26655 and that the matter be terminated.
Motion seconded by Councilman Reibold and carried unanimously.
Planning Commission Resolution No. 415 recommending granting of the
application of Arcadia Parking, Incorporated, for a zone variance to permit
the use of the property at 745-751 West Naomi Avenue, as a public automobile
parking area.
The Planning Director displayed a drawing of the subject property and explained
in part that the subject property is surrounded by parking lots and R-2
property and that the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other properties
in the same zone and vicinity and will not be detrimental to the public
health or welfare, and will not be inconsistent with good planning or with
the present or prospective development of the neighborhood in which the
property is located, but rather will foster the development of the area
by providing needed additional parking facilities.
MOTION by Councilman Reibold, seconded by Mayor Pro Tempore Phillips and
carried unanimously that Council accept the recommendation of the Planning
Commission and approve the application of Arcadia Parking, Incorporated, for
a zone variance to permit the use of the property at 74S-75l;,West, Naomi Avenue
ttNDEXEDas a public automobile parking area upon the following conditions:
(a)
west
high
That a concrete block wall be constructed along the
property line, the front 25 feet thereof to be four
and the remainder to be six feet high;
feet
(b) That curb, gutter and sidewalk be constructed along the
front of subject property and along the 100.9 foot frontage
of the lot adjacent on the east, in accordance with City
specifications and to grades approved by the Director of Public
Works;
5.
9-5-61
ZONE VARIANCE
(Christina St.
Denied)
1&<61
:/' INDEXED
ZONE VARIANCE
(720 Wes t
Camino Real)
Ag1:~Y
1 tLNDEXED
14 :5460
(c) That the property used for parking be paved;
(d) That grading plans of subject property be approved by
the Department of Public Works;
(e) That tree planting and landscaping shall be installed
and maintained to conform with the landscaping and tree planting
now existing on the parking lot adjacent and east of subject
property and owned by applicant.
(f) That except as hereinbefore expressly provided to the
contrary, said property shall be improved and maintained
as provided in the Arcadia Municipal Code and particularly
Section 9284.4 thereof, with respect to public parking areas.
I
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried unanimously that Council accept the recommendation of the
Planning Commission as contained in its Resolution No. 416 and deny
the application of George W. Gilbert and C. M. Rhodes for a zone variance
to allow the property at 39 and 43 Christina Street to be used as a
home for paying guests over 65 years of age. (Mr. Stephen B. Fabeck,
1030 Louise Avenue, addressed the Council, stating that he was the
spokesman for those who were opposed to the requested zone variance
and had appeared before the Planning Commission; that the recommendation
of the Planning Commission had been unanimous and that he would be
willing to answer questions of the Council if necessary; however, no
questions were asked of him).
Planning Commission Resolution No. 416 recommending the approval of the
application of Paul M, and Ethel E, Porter and Charles F, and Mary
Becker and Sierra-Camino, Inc, for a zone variance to allow the property
at 720-728 West Camino Real to be used for the construction and
maintenance of a hotel-residence for retired persons.
The Director of Planning displayed a map of the property and an architect's
sketch of the proposed building. He also read twelve conditions recom-
mended by the Planning Commission to be applicable if a variance is granted,
and Section 4 of said Resolution No. 416 to the effect that the City
Council consider the advisability of requiring a completion bond or other
security to insure commencewent and completion of the proposed construction
in accordance with the time schedule, if any, specified in the decision
of the Council,
The City Attorney spoke at length regarding implementation of the zoning
ordinance to assure completion of construction under a variance.
In the discussion that ensued it was the consensus that a variance is
beneficial in that it is a constitutional safety valve inserted in a
zoning ordinance to protect the ordinance against an attack that its
application in a given situation is unreasonable; that a variance is
not a matter of grace but a matter of right under proper circumstances;
that in some instances a bond might be indicated but that the history of
the variance on the Margolin property should not color or dictate the
policy of other variances; that it might be a wise principle to use the
performance bond in a degree by making it one of the conditions of a
variance that in the event construction is not commenced by the end of
the variance period and an extension is applied for, upon filing the
application for an extension a performance bond must also be filed.
I
Councilman Reibold MOVED that Council accept the recommendation of the
Planning Commission as contained in its Resolution No, 416, with the
exception of Section 4 (regarding the completion bond) which shall be
deleted, and that the application of Paul M. and Ethel E. Porter and
Charles F, and Mary Becker and Sierra-Camino, Inc. for a zone variance
to allow the property at 720-728 West Camino Real to be used for the
construction and maintenance of a hotel-residence for retired persons be
approved as amended. Councilman Butterworth seconded the motion which
was carried unanimouslyo
6,
9- 5-61
DOOR TO DOOR
SOLICITATION
I
/JiS(
RECESS
CIVIL DEFENSE
I
f~38
tLNDEXED
14:5461
Receiving permission to make a statement for the record and newspaper
reports, Councilman Butterworth spoke as follows:
"There has been put into my possession some petitions signed by
citizens of Arcadia. These petitions purportedly oppose the anti-
solicitation ordinance that is being considered by the Council at this
time, or at least we are in the preliminary stages of consideration.
These petitions read: 'We the undersigned residents of the City of
Arcadia hereby protest and object to being told from whom we shall buy
or who may call on us,' That simple a statement, then people are
induced to sign this petition and I would say that indeed this is a
petition that I would sign. I would equally object to being told from
whom I would have to buy an article, or I would object if an ordinance
was passed saying who should call upon me. The petition here is an
utter and unmitigated misrepresentation of the anti-solicitation
ordinance that at this time is being I think prepared for consideration
of the Council.
"Nothing in this ordinance as I understand it, indeed I'll say
categorically, that nothing in the ordinance in any way will tell the
people of Arcadia from whom they may buy their commodities and indeed
it does not say who may call upon a person. The ordinance that is
being drafted for consideration, as I recall, has provisions whereby
those who wish solicitors to call upon them may have solicitors call
upon them and those who do not wish to have solicitors call upon them
are given an equal right not to have solicitors call upon them, but in
the event that people of Arcadia or other citizens are asked to sign a
petition such as this that I have, or similar petition, I would hope
they would know that it is an utter misrepresentation of the anti-
solicitation ordinance that is under consideration, and secondly, may I
say that it would seem to me to be in the interests of the citizens and
in the interests of this community that the business concerns or the
individuals who are circulating this type of a petition should identify
themselves as a matter of public record so that we may determine who they
are and determine whether or not they have any ulterior motive in this
particular petition. There is no return address on the petition or on
the envelopes and I would request these people identify themselves.
Thank you."
Mayor Pro Tempore Phillips called for a recess at 9:40 P.M.
The meeting reconvened at 9:45 P.M.
Discussion was held on the City's Civil Defense and Disaster Plan, which
the City Manager submitted to the Council for review.
Councilman Reibold commented that he thought the plan was timely but
would like additional time within which to study it.
Councilman Butterworth stated that he too would like to study the report
further but that he wished to make the following observation:
That the City consider waiving the building permit fee in connection
with the construction of bomb shelters and to refund those permit fees
already charged for such purpose, and that the waiver of such fee be
advertised inasmuch as he felt the people should be encouraged to erect
bomb shelters as quickly as possible; that pe MOVED that the building
fee in connection with the construction of bomb shelters be waived.
Councilman Reibold seconded the motion. He further MOVED that the
matter be tabled until the next Council meeting along with the Civil
Defense plans. Councilman Reibold seconded the motion. (No action taken).
Discussion was held on the suitability of the mobilization setup as
contained in said report pertaining to the medical profession in the
event of a thermo nuclear disaster. Reference was made to the hospital
7.
9-5-61
BID AWARD
(Removal of
283 trees)
-J381
OCNDEXED
BID AWARD
(Janitor
Service -
Library)
~1/
1~'
;.I/i\\
r [InDEXED
14:5462
supplies stored at the race track which would be immediately moved into
the disaster area. Survival measures through dissemination of all new
literature was urged, interest to be strengthened through publicity.
It was the suggestion of Councilman Butterworth that consideration be
given at the next regular Council meeting to the formation of a Civil
Defense Board of from 5 to 9 members. Councilman Reibold suggested
that perhaps this Board could be consolidated with the Health and
Sanitation Commission. Councilman Butterworth concurred with the
suggestion that perhaps its name could be changed and the members
augmented.
Matter to be discussed further at the next regular Council meeting.
I
Following bids received for the removal of 283 trees:
California Tree Service
Johnson Tree Service
Estimated Cost
$13,260.00
13,800.00
14,150.00
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried on roll call vote as follows that Council accept the recommen-
dation of the City'Manager and the Director of Public Works; that a
contract for the removal of 283 trees be awarded to the,California Tree
Service in the amount of $13,260.00; that all other bids be rejected
and other bid deposits be returned; that any irregularities or
informalities in the bids or bidding process be waived, and that the
Mayor and City Clerk be authorized to execute such contract on behalf
of the City for the performance of the contract and in the amount
specified, in form approved by the City Attorney:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Following bids received for janitor service for the Arcadia Public Library:
Elliott Janitor Service
Security Maintenance Services, Inc.
Sani-Care Building Service
L. A. Building Maintenance Co.,Inc.
Allstate Building Maintenance Co.
Russ Wicken Building Maintenance
Marv's Maintenance Co,
Regal Maintenance Co,
Steve Oxby Cleanup Service
C & S Maintenance Service
Per Month
$325.00
452.00
520,00
549.00
633.00
660.00
720,00
720.00
850.00
925.65
MOTION by Councilman Butterworth, seconded by Councilman Reibold and
carried on roll call vote as follows that Council accept the recommen-
dation of the Library Board, the City Manager and the Purchasing Officer
that a contract for the janitorial service for the Arcadia Public Librar
be awarded to the Elliott Janitor Service in the amount of $325.00 per
month; 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, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Manager mentioned that at the present time the Library is paying
$550.00 per month for janitorial service and that the Elliott bid
represents an annual savings to the Library of $2700.00.
8. 9-5-61
DUARTE ROAD
PROPERTY
ACQUISITION
(Wegman -
56 Wes t
Duarte Road)
I
-1
&'::?O
:INDEXED
PAR 3 GOLF
COURSE
(C lubhous e
Addition)
-?IJJ
ttNDEXED
COMPLETION OF
WORK
(Watts-Smith
Weed Abatement)
~'77~
IINDE1Q;n (
I
14:5463
Discussion held on the City Manager's report dated September 5, 1961
regarding the proposed acquisition by the, City of 162 feet of frontage
on Duarte Road adjacent to that owned by the City west of the Library,
said property being owned by Mr. and Mrs. Herbert A. Wegman who reside
in Avalon, the house on said property being presently occupied by
Mrs, Wegman's mother.
The City Manager advised that the sale price of the subject property
is $65,000, with a payment of $18,850 at the close of escrow and an
additional $15,000 six months after the close of escrow, and the
balance in two payments on January 1, 1964 and January I, 1965, the
unpaid balance not to bear interest and the owner to have the right
to occupy the premises for a maximum of six months after close of
escrow.
Discussion then ensued regarding the earmarking of the entire sum of
$65,000, and upon the City Attorney advising that the Constitution
prohibits the incurring of any obligation which exceeds the revenues
of the current fiscal year, Councilman Reibold ~ that the Council
approve the City Manager's recommendation, with the exception that the
entire $65,000 be earmarked in the appropriate manner. Motion seconded
by Councilman Butterworth and carried on roll call vote as follows:
AYES: Councilmen Butterworth,Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
MOTION by Councilman Reibold, seconded by Mayor Pro Tempore Phillips
and carried unanimously that the Council approve the plans of the
Par 3 Golf Course to build a 25'7" :It 25' 10" addition to its existing
clubhouse in accordance with plans submitted, such approval being
required in accordance with the provisions of paragraphs 3 and 5 of the
lease between said lessee and the City.
MOTION by Mayor Pro Tempore Phillips, seconded by Councilman Butterworth
and carried on roll call vote as follows that the Council approve the
recommendation of the City 'Manager and Director of Public Woiks'and~
accept the work of the Watts-Smith Company, contractors for the 1961
Weed Abatement program, as satisfactorily completed, and authorize pay-
ment to be made in accordance with the contract witn said firm for the
above specified work, and the bond released after the expiration of the
required 35 days:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
TRACT MOTION by Councilman Butterworth, seconded by Councilman Reibold and
NO. 25253 carried unanimously that the recommendation of the City Manager, the
(Final Water Superintendent and the Director of Public Works be approved and
Approval) ~ that the City accept the improvements in Tract No, 25253 for maintenance
~~~) and the surety bond deposited by the subdivider be released.
1I1;7:JExED '
CALL FOR BIDS MOTION by Councilman Reibold, seconded by Councilman Butterworth and
(Improvement carried on roll call vote as follows that the Council accept the
first alley recommendation of the City Manager and the Director of Public Works;
west of 1st that the plans and specifications for the improvement of the first
Avenue between alley west of First Avenue between Wheeler and Santa Clara Streets
Wheeler & be approved as submitted; that the City Clerk be authorized to call
Santa Clara) for bids for such work in conformance with said specifications, the
sum of $3,500 to be transferred and appropriated from Reserve for
Capital Projects Account No. 285 in the General Fund to Capital
9,
9-5-61
FIRE' DEPARTMENT
(Hose Room
Addition)
1f~tf
:INDEXED
PLANNING
TECHNICIAN
It:! ~
ilNDEXED
SUPPLEMENTAL
WATER SUPPLY
fL: :;jff
!INDEXED
ORDINANCE
No. 1142 . .Ild'
(Water) ~.
1/
OJ 1 tU'lDE!:r~
14:5464
Improvement Projects Fund Account No. 215, Improvement Alley west of
First Avenue; said bids to be' opened at 11:00 A.M. on September 18, 1961
and submitted to the Council at the regular meeting of September 19, 1961:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Manager advised that the Capital Projects program contains
provisions for the construction of an addition to Fire Headquarters to
serve as a fire hose storage and drying room at an estimated cost of
$5000.00; that plans were prepared by Richard K. Weimer, ,Archltect, ,
and the proposed addition is based on the same type of construction as
the existing structure; and that the following bids have been received:
I
Colletta & Edgley
Betsinger Const. Co.
Frank L. Ashley
$4600.00
4969.00
5199.73
MOTION by Mayor Pro Tempore Phillips that Council approve the recommen-
dation of the City Manager; that the low bid of Colletta & Edgley for
the construction of the Hose Room addition to the Fire Headquarters
building, in the amount of $4600 be accepted, and that the Purchasing
Officer be authorized to issue a purchase order for same; that the sum
of $4960.00 be transferred from the Reserve for Capital Projects
Account No. 285 in the General Fund to Capital Projects Fund Account
No. 409. Motion seconded by Councilman Butterworth and carried on roll
call vote as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
MOTION by Councilman Butterworth, seconded by Councilman Reibold and
carried unanimously that Council accept the recommendation of the City
Manager and authorize the filling of the position of Planning Technician
in the Planning Department at a salary range of $564-687 per month, said
position being included in the 1961-62 budget of the Planning Department.
Lengthy discussion was held regarding the City Manager's report dated
August 28, 1961 on supplemental water supply and its urgency. (Report
on file in office of the City Clerk).
Councilman Reibold MOVED that the matter be referred to the Water Board
for recommendation and that it be requested to hold a special meeting
for such purpose, such meeting to be held prior to the next Council
meeting (September 19, 1961),
Mr. Thomas C. Sullivan, Jr., Chairman of the Water Board, being present I
in the audience, advised that the requested meeting would be held and
prior to the next Council meeting.
Mayor Pro Tempore Phillips then seconded the motion which was carried
unanimously.
The City Clerk read a communication from Mr. Loury B. McCaslin (owner
of property outside the City upon which Anoakia School is located)
requesting that the introduction of the revised water ordinance proposed
to be submitted at this meeting be delayed in order that he might have
time to study his position with regard thereto.
10.
9-5-61
I
" ,
ORDINANCE
No. 1142
/
I
COMPLETION
OF WORK
(Hallllller Co.)
Ill'!
trNDEXED
"
14:5465
The City Manager advised that the matter had been discussed with Mr.
McCaslin that day with his Administrative Assistant, who gained the
impression that Mr. McCaslin's primary reason for desiring the delay
was the proposed 150% water charge outside of the City. He added
that this is actually a small portion of the total ordinance; that Mr.
McCaslin is probably unaware that the matter had been previously
discussed and publicized and submitted to the Council last January, at
which time recommendations and suggestions were made and are now
incorporated in the water ordinance proposed to be submitted at this
time; that basically the ordinance makes two changes, one being the
abolishment of penalties on water bills and another the outside-the-
City water charge, the other changes being administrative details.
The City Attorney pointed out that if it be the Council's desire to
have the said ordinance introduced, one change will be necessary, to
wit: Section 7540.8 on page 14, should be corrected in the last sentence
to read as follows: "Except in case of an emergency, no consumer shall
use or molest any shutoff valve on the street side of any meter." He
also mentioned that the Water Superintendent had expressed dissatisfaction
with section 7524 on page 5 regarding deposits for single family domestic
meters in an amount 'twice the bimonthly minimum billing of said,meter.
After discussion, it being the consensus of the Council that said
ordinance be introduced at this time, the City Attorney presented and
read the title of Ordinance No. 1142, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VII
OF TllE ARCADIA MUNICIPAL CODE BY REPEALING CHAPTER 5 CONTAINING PARTS
1 THROUGH 4 AND ENACTING A NEW CHAPTER 5 CONTAINING PARTS 1 THROUGH 5."
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. 1142 be waived:
AYES: Councilmen Butterworth, Re1.bold, Philll ps
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Reibold further MOVED that Ordinance No. 1142 as presented
be amended by amending Section 7540.8 thereof by amending the last
sentence thereof to read as follows: "Except in case of an emergency, no
consumer shall use or molest any shutoff valve on the street side of any
meter." Motion seconded by Councilman Butterworth and carried unanimously.
Councilman Reibold further MOVED that Ordinance No. 1142 as amended be
introduced. Councilman Butterworth seconded the motion which was
carried on roll call vote as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Manager suggested that the matter of Section 7524 be discussed
with the Water Superintendent. He also stated that, a copy of said
ordinance would be made available to the Water Board.
MOTION by Councilman Butterworth, seconded by Councilman Reibold and
carried on roll call vote as follows that the Council approve the
recollllllendation of the City Manager and the Director of Public Works and
accept the work of Hallllller Company, Incorporated, contractors for the
beautification of Santa Anita Avenue, between Camino Real and Huntington
Drive as satisfactorily completed, and authorize payment to be made in
accordance with the contract with said firm for the above specified work,
and the bond released after the expiration of the required 35 days:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
11.
9-5-61
METHODIST
HOSPITAL
:/$:::.-:-
lNDEXED
ORDINANCE
No', 1137
(Held over)
ORDINANCE
No. 1139
(Re-introduced)
RESOLUTION
No. 3409
/
14:5466
The 'City Manager advised that the Board of Trustees of the Methodist
Hospital had acted favorably on the proposed amendment to their lease
with regard to the 'Board's approval concerning improvements on the
property commonly referred to as the "Point" and had basically approved
the amendment as submitted, with the addition that the Council not
arbitrarily ignore their recommendations.
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.
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 5120.5.2 THERETO" was again
presented by the City Attorney, said ordinance having been introduced
at the Council meeting of August 15, 1961. The City Attorney also
presented in writing a proposed amendment to Ordinance No, 1139 as
introduced.
I
Councilman Butterworth MOVED that the reading of the full body of
Ordinance No. 1139 be waived, Motion seconded by Mayor Pro Tempore
Phillips and carried on roll call vote as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor BaIse r
Councilman Butterworth further MOVED that Ordinance No. 1139 as introduced
be amended as recommended in writing by the City Attorney, and as thus
amended, that Ordinance No. 1139 be re-introduced. Mayor Pro Tempore
Phillips seconded the motion which was carried on roll call vote as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Attorney presented, explained the content and read the title of
Resolution No. 3409, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND
HIGHWAY PURPOSES TO BE KNOWN AS PECK ROAD."
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried on roll call vote as follows that the reading of the full body
of Re'solution No. 3409 be waived:
I
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Reibold"furtlier::MOVED tbat 'Resolution..No.. 3409 :be adopted,
Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
12,
9-5-61
RESOLUTION
No. 3410
14:5467
The City Attorney presented, explained the content and read the title of
Resolution No. 3410, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GIVING NOTICE OF THE PROPOSED ANNEXATION OF
CERTAIN CONTIGUOUS TERRITORY DESIGNATED AS 'ANNEXATION NO. 26, WEST ARCADIA
UNINHABlTED~ ",
The City Attorney added that said resolution fixes October 17, 1961 as
the time when the Council will hear protests made by any person owning
real property within the territory described in said resolution.
MOTION by Councilman Butterworth, seconded by Councilman Reibold and
Y1. '1 ,/' carried on roll call vote as follows that the reading of the full body
i' ]7~ of Resolution No. 3410 be waived:
I
rrNDEXED
RESOLUTION
No. 3412
;~y
rrNDEXELl
I RESOLUTION
No. 3413
1;;~1
AYEs: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Butterworth further MOVED that Resolution No. 3410 be adopted.
Motion seconded by Councilman Reibold and carried on roll call vote as
follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Attorney presented, explained the content and read the title of
Resolution No. 3412, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AGREEING TO PAY A PART OF THE COST OF EXTEND-
ING BALDWIN AVENUE FROM COLORADO BOULEVARD TO FOOTHILL BOULEVARD AND THE
BALDWIN AVENUE INTERCHANGE WITH THE PROPOSED FOOTHILL FREEWAY."
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried on roll- call vote as follows that the reading of the full body of
Resolution No. 3412 be waived:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Reibold further MOVED that Resolution No. 3412 be adopted.
"Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Attorney presented, explained the content and read the title of
Resolution No, 3413, entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE USE
OF PROPERTY AT 745 AND 751 NAOMI AVENUE IN SAID CITY AS A PUBLIC AUTO-
MOBILE PARKING AREA."
~OTION by Councilman Butterworth, seconded by Councilman Reibold and carried
On roll call vote as follows that the reading of the full body of Resolution
No. 3413 be waived:
U1vD~v>, AYES: Councilmen Butterworth, Reibold, Phillips
~J.4 NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Butterworth further MOVED
Motion seconded by Councilman Reibold
follows:
that Resolution No, 3413 be adopted.
and carried on roll call vote as
13.
9-5-61
RESOLUTION
No. 3414
/%&1
!NDEXED
AMERICAN
ASSOCIATION
OF UNIVERSITY
WOMEN
tZ! ~~XED
14:5468
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
The City Attorney presented, explained the content and read the title
of Resolution No. 3414, entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CAL~FORNIA, DENYING A REQUESTED VARIANCE TO ALLOW
PROPERTY AT 39 AND 43 CHRISTINA STREET IN SAID CITY TO BE USED AS A
HOME FOR PAYING GUESTS OVER SIXTY-FIVE YEARS OF AGE."
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried on roll call vote as follows that the reading of the full body
of Resolution No. 3414 be waived:
I
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
Councilman Reibold further MOVED that Resolution No. 3414 be adopted.
Motion seconded by Councilman Butterworth and carried on roll call vote
as follows:
AYES: Councilmen Butterworth, Reibold, Phillips
NOES: None
ABSENT: Councilman Camphouse and Mayor Balser
MOTION by Councilman Reibold, seconded by Councilman Butterworth and
carried unanimously that Council grant the request of the American
Association of University Women (Arcadia Branch) to hold its third
annual Festive Fare at the Los Angeles Turf Club of Santa Anita Park
on November 9, 1961, to be open to the public, with no admission charge
and no sales to be made.
AUDIENCE PARTICIPATION:
No one in the audience desired to address the Council.
MATTERS FROM CUY OFFICIALS NOT ON AGENDA:
---
......-'
~
ADJOURNMENT
The City Clerk advised that favorable communications had been received
from Senator Richard Richards, Assemblyman Houston I. Flournoy,
Assemblyman John L. E. Collier, and from Mr. Alexander H. Pope,
Legislative Secretary in Governor Brown's office, all acknowledging
receipt of Resolution No. 3408 regarding fallout shelter promotion,
the cost to be deductible from income tax.
The City Attorney requested comments from the Councilmen individually
as to their thoughts on the communication he had sent them regarding
the matter of the contemplated prohibition of amusement devices in the I
City of Arcadia.
Mayor Pro Tempore Phillips reminded the Council of the Independent
Cities of Los Angeles County Seminar on September 29, 1961 and requeste
that they place their reservations through the City Manager. '
Mayor Pro Tempore Phillips ordered the meeting adjourneg at 10:50 P.M.
:.Jfj 62
r!?#r~L
City Clerk
Mayor Pro Tempore Phillips
/!dA1 /1~~.-7~
14,
9- 5- 61