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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.. J 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