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HomeMy WebLinkAboutMARCH 6,1962 I """"An" PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (2-20-62) HEARING (Gladden- Dennis) ,,t-;t4 . ..../ '1 . t' 14:5628 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH 6, 1962 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 P.M., March 6, 1962. The Invocation was offered by Rev. H. Warren Anderson, Pastor of the Arcadia Community Church. Mayor Balser led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser None MOTION by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the minutes of the Regular Meeting of February 20, 1962 be approved as submitted in writing. Hearing on application for business permits of Louis F. Gladden and Mary A. Dennis to solicit door to door the sale of wholesale food, supplies, refrigerators and freezer appliances for Kunin & Sons, after being closed, was continued at the Council meeting of January 16, 1962, pending receipt of complete staff reports on applicants. Upon the City Manager advising that complete reports have now been received, Councilman Reibold MOVED that on the basis of the information INDEXED submitted by the Staff, the Council approve the applications of Louis F. . Gladden and Mary A. Dennis and authorize the issuance of a permit to them to solicit door to door the sale of wholesale food, supplies, refrigerators and freezer appliances in accordance with their applications. Councilman Phillips seconded the motion which was carried on roll call vote as follows: HEARING (Do zar ) I r::L ',P (C ~ It,;.~ ~ Ui"DEXED AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: Councilman Camphouse ABSENT: None Mayor Balser declared the hearing open on the applicat~on for a business permit of Marsh Dozar, 3956 Stone Canyon, Sherman Oaks, California, Vice President of Greene & Associates, 1419 S, La Brea Avenue, Los Angeles, California, to hold a public auction for the Union Bank and Trust Company of Los Angeles of real property located at 1919 Wilson Avenue. The City Clerk read a copy of a communication dated March 5, 1962 from Mr. Griffin S, Blake, President of the Arcadia Board of Realtors, the original of which had been sent to Mr. Harry J. Volk, President of the Union Bank and Trust Company, owner of the foreclosed property proposed to be auctioned, said letter in substance protesting the bank's ~~thod of disposing of the property, which method might, in their opinior., give the impression that the property is located in a distressed areaj and requesting that the bank reply to the communication as soon as possible after further consideration of the matter. Mayor Balser then inquired if anyone desired to address the Council with regard to the matter. The applicant (Mr, Dozar) addressed the Council and stated in part that in his opinion the proposed method of selling real estate is more 1. 3-6-62 14:5629 expeditious and profitable to the principal; that it would not be detrimental to property values in the area, such method having been used in other valuable residential neighborhoods with no ill effect; he explained his method of operation, in substance, that the property is shown prior to the time of sale and on the morning of the sale day; that prospects are given an opportunity to examine the property; that the sale is conducted on the premises and sold to the highest bidder subject to confirmation. He added that the subject property was in a neglected condition until refurbished about three months ago. In reply to various questions the applicant stated in part that the property could be sold for any price the bank felt it wanted to confirm; that he is not aware at this time as to the market price of the property; and that the bank would not be a bidder. I No one else desiring to be heard Councilman Butterworth MOVED that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Discussion ensued, and the following statements in part were made: Councilman Camphouse: That there has not been sufficient time for a reply from the bank to the Realty Board's communication; that the Realty Board has always been cooperative and in his opinion should be given due consideration by the Council; that he did not think the proposed method of selling the property would necessarily develop in the best results and that he did not feel that the applicant had effectively answered his question as to the difference between the acquisition cost to the bank and the selling price. Councilman Butterworth: That this is a matter of private business and the owner must decide as to how he wants to sell his own property. That it is not Council's prerogative to substitute its judgment. The following roll call was then taken of the above motion: AYES: Councilmen Camphouse. Phillips. Balser NOES: Councilmen Butterworth. Reibold ABSENT: None Councilman Butterworth further stated that the above motion is tantamount to the Council establishing a policy that people cannot auction real estate in Arcadia; that the Council. in disapproving the application. is stating in effect that no home owner now in Arcadia can sell his home by auction in the future. by mandate of this City Council; that in his opinion this is interference with free enterprise; that the bank cannot take the real estate elsewhere and that he thought the vote should be reconsidered. that the Council should think about it; that he hoped he would not get the benefit of being against the realtors in this community because they deserve to be supported. I The applicant, Mr. Dozar, spoke again, stating in part that he has a State license as a real estate broker and questioned whether he would be denied and upon what ground if he were to move into this community to operate or hold a real estate auction; that a real estate broker in the State of California has the right to sell or alienate property for a principal in any part of the State of California; that there is legislation pending in Sacramento on this. Councilman Butterworth stated again, in part, that he felt the Council fs reaching a. point where people cannot operate a business if the Council does not happen to like the business; that he thought the Council should reconsider the situation; that he did not honestly believe the real estate people in this community would want, even indirectly, any policy where real estate could not be sold without going through a local broker; that it is the bank's decision whether it wants to go through the local realtors. 2, 3-6-62 14:5630 Coun~ilman Butterworth thereupon ~ that the Council reccusider its decision. Councilman Reibold seconded the motion. Coun~ilman Phillips stated. in part that this is not a business man of Arcadia seeking to do business here; that he was not sure that Council would grant the same sort of privilege to a business man in Arcadia, otherwise there would not. be in the Arcadia Municipal Code the requirement that a permit for an auction of any nature' be obtained. I Coun~ilman Reibold stated in part that he felt the interpretation of the Code regarding securing a permit for an auction was to, in effect, exclude a place being established where the main source of income was bringing in distressed goods to be sold at auction; that it was intended for situations such as the subject matter. That the Realty Board's letter to the bank, in his opinion, is only a protest for adopting certain procedures and not an Inference that the Council deny the requested permit; that he agreed that the realtors have been cooperative but that Council's protection should be lawful; that he knew the realtors would prefer the bank working through them but that the City does not have any regulation requiring the exclusive use of Arcadia realtors. Mayor Balser: That to his knowledge there has never been a similar request; that he did not believe this is the proper way to sell real estate in a residential area. The City Attorney pointed out that this is not a foreclosure sale; that the property has already been foreclosed and title passed to the bank which desires to recapture its money by disposing of the property and has selected an auction for such purpose. There being no further discussion Councilman Camphouse MOVED that the permit be denied. Mayor Balser seconded the motion. Further discussion ensued. Councilman Reibold stated in part that he found it difficult to understand where the price of the property is germaine to the issue. That he agreed that the proposed procedure was not to his liking but that it is not Council's prerogative to judge in that respect, that Council must act according to the law. Councilman Butterworth stated in part that he could not see how the Council could interfere; that there are a number of ways to sell real estate, such as hiring a broker, the owner can sell it himself and among the methods of the owner selling it personally, he presumed he could auction it; that the Union Bank is a corporation and the corporation can, of course, only act through its agent; that he would imagine that if the Council turns the Union Bank down, it would in effect be saying that it will not permit any property owner in this community to auction off his own property. I Councilman Phillips stated in part that actually a sale by a real estate man himself in a way is an auction if the offer is something less than the asking price which is then later accepted by the owner. Councilman Reibold: That he could not see upon what grounds the Council could turn down the requested permit; that it is a matter of law not a matter of preference. The City Attorney pointed out that although the Council has permitted auctions of personal property by a person having the election of taking it somewhere else for auctioning, that the auctioneer cannot take the real estate elsewhere for that purpose. Councilman Phillips then suggested delaying the matter until an answer is received from the Union Bank and Trust Company. 3. 3-6-62 ~ HEARING (Dunne) J 1/3 7 INDEXED 14:5631 Mayor Balser reiterated his contention that he did not think an auction is compatible with a residential neighborhood; that he was not satisfied that the local realtors had been given an opportunity to sell the property; that he would be willing to consider it on the basis of holding the matter over until an answer is received from the bank. Councilman Butterworth stated that he thought Councilman Phillip's suggestion well taken, and that this would give more people an opportunir.y to present any inequities that might seem to appear in the situation. Councilman Reibold reminded the Council that the application was for the auction to be held March 10, 1962. The City Manager pointed out that as he understood the matter, the auction was to have been held March 3, 1962; I that he had received a call on this from the real estate people approximate a week ago regarding the size of the sign and the fact that there was going to be an auction; that he had turned the matter over to the Building and Safety Department because the sign exceeded sign limitations and to che Business License Department to see whether a license had been issued. The applicant spoke again, stating that the auction was to have been held March 4,1962 and was postponed on being contacted by the License Department; that he had been informed by that department that by meeting the necessary requirements there would probably be no problem in obtaining a license, and that to his knowledge there has never been a 'denial of a real estate auction sale in this state. The following roll call was then taken on the motion to reconsider and to remove the prior vote and open up the question again for another vote; AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: Councilman Camphouse ABSENT: None Councilman Phillips stated that he would like to pursue his idea further; that he would have to go back to his original vote; that if it were a case of granting he would vote for a denial; that the applicant may have been put. to some expense but that he was presumptive in his assumptl.on that the Council would grant a permit; that he would like to delay action on this matter until the next Council meeting at which time there will probably be further facts from the Union Bank and Trust Company. Councilman Phillips then MOVED that further action on the subject. matr.er be delayed until the next Council meeting, at which time it is hoped there will be further information from the Union Bank and Trust Company as to their reply to the Realty Board. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I Mayor Balser declared the hearing open on the application of Robert E. Dunne, 390 S. Hauser, Los Angeles, for a business permit to install two amusement games at 73 West Huntington Drive, and inquired if anyone desired to address the Council on the matter. Mr. Wm. Lockwood addressed the Council, advising that he is the new owner of the cafe located at 73 West Huntington Drive. He stated in part that he has been operating said cafe for approximately 30 days, has established a new clientele and desires the requested amusement games for the enjoyment of his customers; that if granted the requested permit he will personally supervise the operation of the machines to insure their being played legitimately. In answer to Councilman Butterworth's question as to whether he had been 4. 3-6-62 I HEARING (Kayda) 1- gqo INDEXED I HEARING (Vacation Portion of Dearborn St.) J ~ c-:t INDEXEP 14;5632 advised that the Council is considering an ordinance which will ban all skill games in Arcadia and that in the event the requested permit is granted and the ordinance subsequently adopted he could not operate the skill games thereafter, Mr. Lockwood replied that he was cognizant of the situation; also that he was aware of the City's regulations regarding gambling and that it is the owner's responsibility if gambling does occur on his premises. No one else desiring to be heard Councilman Camphouse ~ that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. Councilman Camphouse stated that in view of the fact that there is a possibility of discussion in the future of an outright ban on amusement games that any preclusion of the outcome would not be fair and that in view of that he MOVED that the Council approve the application of Robert E. Dunne,~a business permit to install two amusement games at 73 West Huntington Drive. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Mayor Balser declared the hearing open on the application of Al J. Kayda, owner of Kay Bros. Circus, 3344 Hollenbeck Avenue, Covina, to operate a circus with performing animals and artists, to be sponsored by the California National Guard and held at the Arcadia Armory, 260 West Huntington Drive, May 13, 1962, 1:30 and 7:30 P.M.,and inquired if anyone desired to address the Council on the matter. The applicant addressed the Council and advised that his circus has performed at the Armory the past two years. He also mentioned other locations and other sponsors where and for whom his circus had performed. Lt. Charles F. Henderson, of the California National Guard, and represent- ing the National Guard in Arcadia, addressed the Council and advised in substance that the Arcadia National Guard desired to sponsor this circus for the purpose of raising funds for the athletic fund of the Arcadia Armory. No one else desiring to be heard Councilman Reibold MOVED that the hearing be closed. Councilman Phillips seconded the motion which was carried unanimously. Councilman Reibold further MOVED that Council approve the application of Al J. Kayda, owner of Kay Bros. Circus, and authorize the operation of a circus with performing animals and artists at the Arcadia Armory of California National Guard, 260 W. Huntington Drive, May 13, 1962, 1:30 and 7:30 P.M. Councilman Camphouse seconded the motion which was carried unanimously. Mayor Balser stated that this is the time fixed by Resolution No. 3460 at which any and all persons interested in or objecting to the proposed vacation of a portion of Dearborn Street in the Chicago Park. Tract may appear before the Council and show cause why said portion of Dearborn Street shall not be vacated and abandoned. No one desiring to be heard Councilman Phillips ~ that the hearing be closed. Councilman Reibold seconded the motion which was carried unanimously. The Planning Director displayed a map of the area and defined the boundary of the portion of Dearborn Street proposed to be vacated and abandoned, as that portion from Myrtle Avenue to the access road of Graham Bros. 5. 3-6-62 ORDINANCE NO. 1171 (Introduced) '1 ":,:J <?'" TRACT NO. 27219 (Tentative) J l(9 I INDEXED 14:5633 The City Attorney thereupon presented for the first time, explained the content and read the title of Ordinance No. 1171, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, VACATING AND ABANDONING A PORTION OF DEARBORN STREET IN SAID CITY." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1171 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Phillips further ~ that Ordinance No. 1171 be introduced. I Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse,Reibold, Phillips, Balser NOES: None ABSENT: None Located between Las Flores Avenue and Longden Avenue and west of Santa Anita Avenue, containing 34 lots. MOTION by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the Planning Commission and approve the tentative map of Tract No, 27219, subject to the following conditions: 1. Dedicate a 5 foot planting and sidewalk easement along the west side of "c" Street north of lot 34. 2. Dedicate lot 35 in fee to the City. 3. Dedicate a 1 foot strip along the north line of lot 5 in fee to the City. 4. Dedicate the drainage and sewer easements shown leading to Longden Avenue, and any other required easements. 5. Remove all buildings within the tract. Remove all portions of buildings within 3 feet of the tract line or remodel to conform with the Uniform Building Code. 6. Remove all trees from the street right of way. 7. Provide all necessary rear line utility easements. 8. Install all street improvements, including a concrete sidewalk in the west parkway of "A" Street, drainage facilities and drainage structurel required by the Subdivision Ordinance and Public Works Department in accordance with plans and to grades satisfactory to the Director of Public Works. Pay the. following fees and deposits: 9. 17 Steel pole street lights @ $115.00 $1955.00 91 Street trees @ 8.50 77 3.50 8 Street name signs @ 35.00 280.00 33 Lots recreation fee @ 25.00 825.00 Total $3833.50 6. 3-6-62 TRACT NO. 27240 (Tentative) I :1 'g'1~ 3. INDEXED I LAND USE RI'PORT (Planning Department) (f~ 14:5634 Located north of Woodruff Avenue and west of Santa Anita Avenue, containing 11 lots. The Planning Director displayed a map of the proposed tract which showed Plan "A" as originally 'submitted, with the proposed street being 50 feet wide, six of the 11 lots having less than 75 feet width at the building line; and Plan, '.'B" showing a revised layout, indi:cating the street as a full 60 feet dedication, all lots having 75 feet or more width at the building line. That the Planning Commission recommends approval of Plan "B" subject to the following conditions: 1. All lots shall contain a minimum of 7500 square feet. 2 , Remove all buildings within the tract, or relocate those meeting the building code to conform with yard requirements of the new lots, Remove all trees from the street right of way. 4. Provide all necessary rear line utility easements. 5. Dispose of the excess land in lot 16, Tract No. 13186, to the adjacent owners, or dedicate it in fee to the City. 6. Install all street improvements as required by the subdivision ordinance in accordance with plans and to grades satisfactory to the Director of Public Works. 7. Pay the following fees and deposits: 4 Steel pole street lights 24 Street trees 4 Street name signs 11 Lots recreation fee @ @ @ @ $ll5.00 8.50 35.00 25.00 $460.00 204.00 140.00 275,00 $1079.00 Total 8. The City holds a covenant restricting building on a portion of the land in this tract. It is File No. D-879, dated May 21, 1956, signed by Samuel L. and Pearl H. Alexander, recorded May 31, 1956, as Instrument No. 4614 in Book 51333, page 130 of Official Records. If this tract is approved the covenant should be released so that it will not appear in title policies on the lots in the new tract. Discussion ensued, and it being the consensus of the Council that by permitting the 50 foot street more rear yard space would be available, Councilman Camphouse MOVED that the Council approve Plan "A" subject to the same conditions imposed by the Planning Commission on Plan "B" (outlined above) providing there is no conflict. Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Planner summarized the content and its purpose of a Land Use Report prepared by the Planning Department, covering the growth of Arcadia, its land use, population, zoning," identification of existing land use problems, including residential, commercial and industrial development, community facilities, vacant land, annexations, future population, saturation level, variables affecting saturation level distribution of population, application of population forecasts ' . ' statlstical tables, etc, (Report on file in office of the City Clerk), ~ Brief discussion was held and the Council commended the City Planner and l~D"XffiUhis staff for the objectivity and excellent information contained in the report and added that the report would be given extensive study. 7. 3-6-62 BID AWARD (Weed . Abatement 1962) 1flb I INDEXED 1962-63 Gasoline Purchase --! '" (/;.. ~ .:: ::,.; 14:5635 MOTION by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that Council accept the recommendation of the City Manager and the'Director of Public Works; that a contract for Weed Abatement for the year 1962 be awarded to Watts-Smith Company, the low bidder, on the basis of their bid made' March 2, 1962 (on file in office of the ,City Clerk); that all other bids be rejected; that any irregularities or informalities in the bids or bidding process be waived, and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I MOTION by Councilman Reibold, seconded by Councilman Camphouse and carried on roll call vote as follows that Council authorize the advertising for bids for supplying the City's 1962-63 gasoline requirements: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None lNDEXED NATIONAL MOTION by Councilman Butterworth, seconded by Councilman Reibold and carried SHELTER unanimously that Council accept the recommendation of the City Manager and SURVEY authorize the appointment of the Civil Defense Director as Shelter Repre- (Repre- sentative of the City of Arcadia to represent it on all matters relating sentative).~to the National Fallout Shelter Survey Marking and Stocking Program. ':/- t:: .S--;Y 'STREET ~ MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried CROSSIN6Y on roll call vote as follows that Council accept the recommendation of the IMPROVEMENT City Manager and Director of Public Works and authorize the sum of $5,000 (Santa being appropriated and transferred from Reserve for Capital Projects Account Anita No. 285 in the General Fund, to the Santa Anita Beautification (Camino Real between to Live Oak) Account No. 207-A in the Capital Improvement Project for the Camino Real purpose of installing electrical and water conduits for the future sprinkler & Live Oak) system at all street crossings on Santa Anita Avenue between Camino Real and Live Oak Avenue at the time Santa Anita Avenue is improved in order to avoid e~cavations in the pavement after the improvement of said street: (J:~ J.1YD.J;XEI: HEARING SCHEDULE DATES (Change) a~ ~ U.~\.,~';'.I!:il AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Brief discussion was held regarding the recommendation of the City Manager that Section 6312.1 of the Arcadia Municipal Code be changed, inasmuch as said section instructs the City Clerk to set a hearing before the Council on an application for a business permit not more than 30 days after the filing of such application and it having been necessary on occasion to continue hearings due to inability to receive investigation reports on the applicants in the time allotted, and also regarding his suggestion that I inasmuch as the major portion of applications for such permits are for door to door solicitation the changes be made for setting the date of! such hear- ings only after the receipt of the investigation reports by the City Clerk, but not more than 45 days after the filing of the application. The Council indicated its approval of the recommendation and suggestion, and Councilman Butterworth added that perhaps it might be well to supply the applicant with a copy of the investigation report, in which event the mport would become part of the record upon the applicant verifying receipt thereof. Councilman Butterworth then MOVED that the Council accept the recommendation of the City Manager regarding the amending of Section 6312.1 of the Arcadia MUnicipal Code and that the City Attorney be requested to draw the appropriate ordinance in connection therewith. Councilman Phillips seconded the motion which was carried unanimously. 8. 3-6-62 COMPLETION OF WORK (Roscoe Moss) '.- ~ ~q INDEXED I TRACT NO. 26537 (Final) J ')'7 ?' Ili"DEXED RESOLUTION NO.' 3461 J CO';1 ~ 0:-1'..'-0 U;DEXED RESOLUTION NO. 3462 I , , , -if 'I -ION,; L';~EXEn 14:5636 MOTION by Councilman Phillips, seconded by Councilman Reibold and ~arried on roll call vote as follows that the City Council approve the recommendation of the City Manager and the Water Superintendent and accept the work of Roscoe Moss Company for the furnishing of cable tool drilling equipment. labor. well casing and all material required to drill. case. perforate. ,swab and sandpump one 20 inch water well to a depth of 604 feet, and authorize' payment to be made in accordance with the contract with said firm' for the above specified material and labor. and the bond released after the expiration of the required 35 days: AYES: Councilmen Butterworth. Camphouse, Reibold. Phillips, Balser NOES: None ABSENT: None Extension of Magna Vista to LeRoy Avenue. MOTION by Councilman Camphouse. seconded by Councilman Phillips and ~arried unanimously that Council approve the recommendation of the City Manager, the Director of Public Works and the Water Superintendent. accept the improvements in Tract No. 26537, and authorize the funds held in trust to be paid to the subdivider. less any amounts remaining unpaid for the inspection of subdivision improvements. the City Attorney presented. explained the content and read the title of R.esolution No. 3461. entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA. REQUESTING EXCLUSION "FROM THE UNIFIED SEWER MAINTENANCE DISTRICT OF LOS ANGELES COUNTY OF THAT PORTION OF SAID DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF ANNEXATION NO. 28. SOUTHEAST ARCADIA UNINHABITED." MOTION by Councilman Reibold. seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3461 be waived: AYES: Councilmen Butterworth. Camphouse. Reibold. Phillips, Balser NOES: None ABSENT: None Councilman Reib01d further ~ that Resolution No. 3461 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: COuncilmen Butterworth. Camphouse. Reibold. Phillips. Balser NOES: None ABSENT: None the City Attorney presented. explained the content and read the title of Resolution No. 3462. entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA. DECLARING A PORTION OF LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT INCLUDED WITHIN THE CITY OF ARCADIA BY REASON OF ANNEXATION NO. 28. SOUTHEAST ARCADIA UNINHABITED WITHDRAWN FROM SUCH DISTRICT." { MOTION by Councilman Camphouse. seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3462 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold. Phillips. Balser NOES: None ABSENT: None Councilman Camphouse further MOVED that Resolution No. 3462 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold. Phillips. Balser NOES: None ABSENT: None 9. 3-6-62 RESOLUTION NO. 3476 g{,(Jf !INDEXED 14:5637 The City Attorney presented, explained the content and read the title of Resolution No. 3476, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RELOCATING THE CITY BOUNDARY LINES BETWEEN THE CITY OF ARCADIA,AND THE CITY OF SIERRA MADRE IN ACCORDANCE WITH SECTIONS 50190 THROUGH 50200 OF THE CALIFORNIA GOVERNMENT CODE." MOTION by Councilmen Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3476 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None I Councilman Phillips further MOVED that Resolution No. 3476 be adopted. Motion seconded by Councilma~bold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None AUDIENCE PARTICIPATION !v:r;;P Mr. C. R. Vandercook, 381 Palm Drive, addressed the Council and inquired as to the status of the Council's determination regarding live stock in the City and Mayor Balser advised that this matter would be discussed as the next item on the agenda. Councilman Butterworth commented that he would reply to Mr. Vandercook's communication within a day or two at which time he would explain his views regarding 4-H Club activities. MATTERS FROM CITY OFFICIALS RESOLUTION NO. 3477 :J 02.. 11 IlNDEXEti RESOLUTION NO. 3478 J -t '-I tf OCNDEXED \ \ The City Manager presented, explained the content and read the title of Resolution No. 3477, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING A SEPARATION OF GRADE AT THE FUTURE INTERSECTION OF THE FOOTHILL FREEWAY AND THE PROPOSED 'NORTHERLY EXTENSION OF BALDWIN AVENUE IN THE CITY OF ARCADIA." MOTION by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that the r~ading of the full body of Resolution No. 3477 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None Councilman Camphouse further MOVED that Resolution No. 3477 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: I AYES: Councilmen Butterworth, Camphouse, Reibold,Phillips, Balser NOES: None ABSENT: None The City Manager presented, ,explained the content and read the title of Resolution No. 3478, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACCEPTING AND EXPRESSING APPRECIATION FOR THE BONITA PARK YOUTH CENTER CONSTRUCTED AND DONATED BY THE ARCADIA KIWANIS FOUNDATION." MOTION by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3478 be waived: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None 10. 3-6-62 I WATER FACI~ITIES (Chicago Park Tract) N. 5. P, COUNCIL CHAMBER (Heating . Eq~ipment) J firJ llIDEXED I LIVE STOCK (Birds and Beasts) 1- g7~? tl:l"j)EXED 14:5638 Councilman Phillips further MOVED that Resolution No. 3478 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Butterworth, Camphouse, Reibo19, Phillips, Balser NOES: None ABSENT: None The City Manager recommended that, due to the 10,000 square foot manufacturing plant being constructed at the southeast corner of Myrtle and Clark Streets (in the industrial district south of Live Oak and east of Peck Road) and the necessity of installing water facilities in said area as quickly as possible, the Council waive the provisions of Section 2842.2.1 of the Arcadia Municipal Code requiring notice inviting bids to be published at least ten days before the date of' opening bids, and authorize the receiving of bids for supplying water pipe and equipment necessary to construct a water line in Clark Street between Peck Road and Myrtle Street. He added that there are only four or five suppliers of this type of equipment in Southern California and that invitations to bid could be mailed immediately and received in sufficient time to submit to the Council at the next Council meeting. MOTION by Councilman Butterworth, seconded by Councilman Camphouse and carried unanimously that Council accept the recommendation of the City Manager, waive the notice requirements contained in Section 2842.2.1 of the Arcadia Municipal Code; and authorize the Purchasing Officer to solicit proposals for supplying water pipe and appurtenances for the construction of a water line in Clark Street between Peck Road and Myrtle Street. The City Manager advised that in compliance with Councilmanic instructions of February 20, 1962 regarding improvement of the heat- ing system in the Council Chamber, a bid of $1895 had been received from Kissell Refrigeration Corporation to modify said system and make it capable of delivering a more even temperature and to match the design of the equipment now serving the rest,~f the City Hall. MOTION by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that Council authorize the modifying of the heating system in the Council Chamber, such work to be performed by the Kissell Refrigeration Corporation as outlined in its bid, at a cost of $1895, the expenditure for same to be made from the Council Contingency Fund: AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None At the request of Mayor Balser, the City Attorney reviewed his report on existing regulations regarding the keeping of birds and animals in the City as presently contained in the Arcadia Municipal Code and his conclusions as to further regulations, which conclusions stated in substance that further restriction solely on a numerical basis is neither necessary nor advisable at this time; that consideration be given to clarifying the zoning ordinance with respect to specified zones for the commercial raising of birds and animals; that a procedure be established for the determination by the Council that the keeping of birds or animals, otherwise lawful, constitutes a nuisance in a given case by reason of the type or quantity kept in relation to the manner or location of their keeping, and providing for criminal prosecution upon the failure to abate a nuisance. He then reviewed a draft of a proposed ordinance on the subject. 11. 3-6-62 14:5639 Discussion ensued, the consensus of the Council being that it agreed with the City"Attorney's conclusions. It was also the consensus of the Council that a special permit be obtained from the Council before more than 250 birds may be kept even as a hobby. Mr. Carl Simpkins of 1111 El Sur Avenue addressed the Council and received explanations to several questions regarding the subje~t report. :l ~ 7(j Mr. C. R. Vandercook also spoke, expressing his appreciation of the City ~ I Attorney's efforts and stating that he agreed with his conclusions; how- ever, that his primary interest is horses. Councilman Camphouse then MOVED that the City Attorney be instructed to prepare an ordinance predicated upon t~e discussion held. Councilman Reibold seconded the motion which was carried on roll call vote as follows: I AYES: Councilmen Butterworth, Camphouse, Reibold, Phillips, Balser NOES: None ABSENT: None The City Attorney commented that he would endeavor to complete"the subject ordinance for submission to the Council prior to the next Council meeting, ADJOURNMENT At ,10:25 P.M. Mayor Balser declared the meeting adjourned. fijir-4AJ f ACL-(~ R BALSER . ATTEST: ~7Jch1 City Clerk I p. 3-6-62