Loading...
HomeMy WebLinkAboutMARCH 1,1960 I INVOCATION PLEDGE ROLL CALL MINUTES (2-2-60, 2-9-60, 2-16-60, 2-23-60) 04894 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH I, 1960 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the City Hall at 8:00 o'clock P.M., March I, 1960. The Invocation was offered by the Rev. Henry Lewis Ewan, Pastor of the Episcopal Churc~ of The Transfiguration. Mayor Reibold led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold None Motion by Councilman Jacobi, seconded by Councilman Balser and carried unanimously that the minutes of the following Council Meetings as submitted in writing be approved: Regular Meeting of February 2, 1960, Regular Adjourned Meeting of February 9, 1960, Regular Meeting of February 16, 1960, and Regular Adjourned Meeting of February 23, 1960. PENDING AGENDA, ITEM 4 APPOINTMENT ERVIN H. GOLISCH PLANNING COMMISSION ~ C, ~ l.NDEUIl HEARING (Norman D. Smith) I Jbi('?J oUiDEXl;D Mayor Reibold called for Item 4 on the Pending Agenda regarding the appointment of a Planning Commissioner to fill the vacancy on the Planning Commission occasioned by the resignation of Mr. James M. Wallin. Whereupon Councilman Balser moved that Council approve the nomination and appointment of Mr. Ervin H. Golisch, 835 Coronado Drive, Arcadia, to fill such vacancy, his term to expire June 30, 1963. Councilman Camphouse seconded the motion and it was carried unanimously. ' Mayor Reibold declared the hearing open on the application of Mr. Norman D. Smith for a business permit to conduct a second-hand store at 10720 Live Oak Avenue, and inquired if anyone in the audience desired to address the Council either in favor of or in opposition to the appli- cation. Mr. J. W. Connelly, 10720 Live Oak Avenue, addressed the Council, stating that as applicant was detained he would represent him because he was the original owner of the property and had sold it to the applicant; that the property is presently in escrow pending Council's determination. In answer to various questions of the Councilmen, he added that used furniture and appliances exclusively would be bought and sold at said location; that no money would be loaned on furniture; that the appli- cant is taking over the operation of an existing second-hand store which has been located at this location for approximately four years; that no clothing or jewelry would be bought or sold at said location. Mrs. Connelly also addressed the Council and reiterated that the sale of the subject property to the applicant was contingent upon Council author- izing a business permit being issued to the applicant. 1. 3-1-60 ~/g q~ , .~O4;895 ;.ll..J~l"'\ I (Hearing - Smith - Continued) HEARING (Weed Abatement) INDEX...D d fA' ~\ /.,) to d The City Attorney stated, in answer to Councilman Camphouse's question as to allowable restrictions said permit could contain and as to the procedure followed to determine applicant's conformance to such restrictions, that investigation may be made by the Staff at any time to determine compliance with any conditions that Council may impose. He added that Council has the power to totally deny the permit or grant it with whatever conditions they feel necessary to insure the preser- vation of the health, welfare, safety and morals of the community. No one ,else desiring to speak, Councilman Balser moved that. the hearing be closed. Mofion seconded by Councilman Camphouse and carried"unani- mously. I Councilman Balser further moved that coun~il approve the application of Mr. Norman D. Smith for a business permit to conduct a second-hand store at 10720 Live Oak Avenue as specified in his application; that said permit specifically note that the premises be used solely for the purpose of buying and selling used furniture and appliances; that items that money is loaned on and not redeemed in a certain period of time and sold later shall not be allowed, nor the buying and selling of clothing or jewelry. Councilman Camphouse seconded the motion and it was carried unanimously. Mayor Reibold declared the hearing open on the proposed weed and debris removal for the year 1960, and inquired if anyone desired to speak on the matter. The City Attorney explained procedure under the Weed Abatement Act. No one else desiring to be heard Councilman Camphouse moved that the hearing be closed; which motion was seconded by Councilman Jacobi and carried unanimously. Councilman Camphouse further moved that Council direct the Director of Public Works, as Street Superintendent, to proceed with the work of weed abatement, as outlined in Resolution No. 3219. Councilman Jacobi seconded the motion and it was carried unanimously. MATTERS FROM THE CITY ATTORNEY: ORDINANCE No. 1075 (R-3 - Multiple Family Zone - ADOPTED) IlIDEXEn oi 3l'1o ~ ~ ~b The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1075, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." Motion by Councilman Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of ordinance No. 1075 be waived: I AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Phillips further moved that Ordinance No. 1075 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 2. 3-1-60 ORDINANCE No. 1076 (Lot Area Requirements - ADOPTED) JlfDE.X.iJ;D I gc!'( ORDINANCE No. 1077 (Zone R-3-R INTRODUCED) AUDIENCE (Civic Group) I RESOLUTION No. ,3223 (Stop Signs) ;LlfDExED ,.:r.,::-:0A (;96 -' .~ The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1076, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 24 OF ORDINANCE NO. 860." Motion by Councilman'Balser, seconded by Councilman Jacobi and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1076 be waived: J AYES: Councilmen NOES: None ABSENT: None Balser, :C~~_hou.se, Jacobi, Phillips~ Reibold . ~c...-' 4 Councilman Balser further moved that'Ordinance No. 1076 be adopted. Motion 'seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1077, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 760 OF SAID CITY BY ADDING A NEW SECTION THERETO, SECTION 6.5, 'R-3-R' RESTRICTED MULTIPLE-FAMILY-ZONE." Motion by Councilman Jacobi, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1077 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Jacobi further moved that Ordinance No. 1077 be introduced. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Mayor Reibold acknowledged the presence in the audience of students observing the Council meeting routine, and explained to them briefly the procedure followed by the Council in the adoption of ordinances and resolutions. The City Attorney presented, explained the content and read the title of Resolution No. 3223, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING CERTAIN INTERSECTIONS OF PUBLIC STREETS AS STOP INTERSECTIONS AND DIRECTING THE PLACING AND MAINTAINING OF STOP SIGNS THEREAT; AMENDING SECTION 3 OF RESOLUTION No. 2795 AND RESCINDING RESOLUTION NO. 3216 OF SAID CITY." Motion by Councilman Camphouse, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3223 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 3. 3-1-60 i{rq0 04897 (Resolution No. 3223 - Continued) RESOLUTION No: 3224 (Police & Water Depts.) INDEXED RESOLUTION No. 3225 (Fire Dept.) .uIDEXED ZONE VARIANCE (Holy Angels Church) J ~ :~XED \?~ LA Councilman Camphouse further moved that Resolution No. 3223 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 'The City Attorney presented, explained the content and read the title of Resolution No. 3224, entitled: "A RESOLUTION OF THE CITY COUNCIL OF I THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 3142 BY CREATING THE POSITION OF ASSISTANT CHIEF OF POLICE AND ASSIGNING A SALARY SCHEDULE THERETO, REDUCING THE NUMBER OF POSITIONS OF POLICE CAPTAIN TO TWO AND CHANGING THE SALARY SCHEDULE OF ASSISTANT WATER SUPERINTENDENT." Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3224 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3224 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3225, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 3142 OF SAID CITY BY INCREASING THE NUMBER OF CAPTAINS IN THE FIRE DEPARTMENT TO EIGHT." Motion by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3225 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3225 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: I AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Planning Commission Resolution No. 358 recommending approval of request of Roman Catholic Archbishop of Los Angeles for a zone variance to allow the property at 910 and 924 Holly Avenue to be used for parochial school playground and for church ,parking. The City Clerk read in full three communications which stated in substance as foliows: 4. 3-1-60 (Zone Variance - Holy Angeles - Continued) I I " " ,- , -' I 04898 Communication dated February 26, 1960 from Howser, Coughlin & Schmitt, 49 East Foothill Boulevard, Arcadia, 'signed by Wilfred Schmitt, attorney for Holy Angels Church, that with reference to the City's possible extension of Fairview Avenue easterly from Holly Avenue, his client is willing to dedicate or deed to the City that portion of its property located on Holy Angels Parish in Arcadia for ~he purpose of a public street, contiguous to, its western and southern boundaries and comprising 50 feet running easterly from Holly Avenue to a depth of 327 feet, upon the condition that the house located at 924 Holly Avenue will be removed to the easterly end of said parish to a spot designated by Magr. O'Keeffe, the removal to include the' preparation of new foundations for the home and all appurtenances required in said re- ' location; that neither the Archdiocese of Los Angeles nor Magr. O'Keeffe will be required to assume any financial or other responsibilities for the paving of the new street to be installed or any assessments related thereto, including curbs and other facilities such as sewers and light posts; that the granting of the requested zone variance is not to be regarded as contingent upon the consummation and execution of the offer hereinabove made, nor upon the final adoption of any subdivision propo- sals which have been made to the City. Communication dated February 29, 1960 from H. C. Twiss, owner of the premises at 350 Fairview Avenue, that he was informed that there is presently pending before the Council a proposal to extend Fairview Avenue along and across a portion of his premises; that such route would damage his property and would enhance the value of presently unimproved property; that he would not be opposed to Fairview Avenue being extended in its present direction so as to pick up its continuation at Holly Avenue and that he would resist the proposal by all means available if the route curves southward. Communication from Whitehead & Gaus, 1318 Pershing Square Bldg., Los Angeles, attorneys for Mr. and Mrs. William E. Vogel, owners of property at 360 Fairview Avenue, that any attempt to extend Fairview Avenue and to acquire any portion of their clients' premises will be resisted unless the street runs straight, leaving their clients' home in line with the proposed street as the proposal to curve the street would have the effect of leaving their residence 12 feet out of line with the street at one end of the house; that their clients are not interested in the proposed extension of the street in any manner and any extension will, from a practical standpoint, require the acquisition of a portion of their property by condemnation or by agreement. The City Manager displayed maps of the proposed extension of Fairview Avenue, showing both the subdivider's and the staff's recommendations. A general discussion ensued. Mayor Reibold stated in part that he did not favor the double dog-leg street and felt that the street proposed by the staff presents a more workable solution. Mr. Schmitt stated in part that his client did not wish to become involved in any way in the proposed plans for the opening of Fairview Avenue and that the letter read into the record was an attempt on the part of his client to cooperate with the City on any plan upon which they may decide. The City Attorney stated in substance that the City's legal position at the present time is that Council has under submission the request of the applicant for a variance to use certain R-l property for church parking and school playground purposes. That the matter is related to matters still pending, namely the subdivision of areas south and east of appli- cant's property, as to which a tentative map had been submitted for a subdivision and disapproved by both the Planning Commission and the Council for the reason that it would extend Fairview Avenue beyond the 5. 3-1-60 ~ ~~q " , , 04S99 (Zone Variance - Holy Angeles Continued) '^-~ ~~ limits permitted by the sub4ivision ordinance; that the recommendation made in the denials were that the street iihould be extended somehow - westerly to another street so it would become a through-street. That a subsequent application was submitted for a similar subdivision of the same property. That Council may grant a variance to the applicant with- out any reference to the street, or may grant it with provisions for'the street if, as and when it comes through. He suggested that if the offer of the Archdiocese is to remain open after the variance is granted, any variance granted by the Council should make provision for what will occur on the Archdiocese property if the street is extended, to wit, "the re- location of the dwelling proposed to be used for a school library else- where on the school property, so that the variance would not have to be I later revised. That if Council feels the extension of Fairview Avenue has any merit or possibility, they might consider the postponement of the erection of the required wall separating the parking lot from ad- jacent residences for a period of time. Mr. Schmitt stated, in answer to Councilman Balser's question as to whether there was any time limit on his client's offer to dedicate their property for street purposes, that there was no time limit but that his client desired to be relieved of any responsibility of improving it; that said offer will remain open so long as it is not withdrawn and the plans are still being worked on. Msgr. O'Keeffe addressed the Council, stating in part that he wished to reiterate that the offer of dedication was unconditional as to time; that he was interested in a tax question, and that certain taxes would have to be paid if the matter is held up; that the Archdiocese does not wish the variance to be held up until such time as plans for the sub- division are final or decision on the street is made; that their offer of dedication has no time limit and is conditioned only upon the moving of the building at no expense to them and no responsibility for the street. That they were not entering into any position with regard to either the advisability or inadvisability of the extension of Fairview Avenue. Councilman Phillips then moved that the Council accept the recommen~ dation of the Planning Commission and grant a zone variance to the Roman Catholic Archbishop of Los Angeles to allow the property at 910 and 924 Holly Avenue to be used for parochial school playground and for church parking subject to the terms and conditions of Planning Commis- sion Resolution No. 358 and subject to the provisions contained in a letter from Howser, Coughlin & Schmitt, dated February 26, 1960 offer- ing to dedicate or deed to the City the southerly 50 feet of the easterly 327 feet on Holly Avenue and subject to section 3(a) and (b) of said letter. Councilman Camphouse seconded the motion. Mayor Reibold interposed that before a vote is taken on the above motion he desired to comment that in so granting the variance the letters from the two property owners read at the start of this matten, are being dis- regarded. That the issue is not the variance but the two property I owners who complained about the street; that it was poor planning to,:set up machinery that produces a street the shape of the one shown on the map that evening, and that if something else can be worked out he felt confident that the applicant will again be willing to make such arrange- ments as are required. That the map drawn by the staff utilizes the land to better advantage and would overcome the objections of the aforementioned property owners and in addition, would unlock the land, and that he also recommended granting the variance subject to the Planning Commission's recommendation. Councilman Phillips stated that on the basis of his motion Council is merely approving the resolution of the Planning Commission and granting the variance subject to a dedication if and when it is ever used; that Council is not approving the street at this time, but that he would amend his motion and put a ti~ limit of a year on the dedication if necessary. 6. 3-1-60 I I (Zone Variance - Holy Angels - Continued) ,~04J9OO In compliance wit~ Mayor Reibold's request for clarificatlon"of Councilman Ph~llips' motion, the City Attorney stated that the westerly prolongation of FairView Avenue prior to its possible northerly turn is not at issue in the communication from applicant's attorney; that with regard to the two communications from property owners on Fairview Ave. the Council is not passing judgment at-this time as to the direction Fairvie~'Avenue will go; that_the Council is dealing only with the offer of dedication at a future time of the westerly 327 feet of the southerly 50 feet of applicant's property. That he would suggest, in view of the unqualified offer of applicant to dedicate the 327 westerly feet of the southerly 50 feet for street purposes whenever the conditions stated in their offer have been complied with, the Council grant the variance as requested with the additional proviso that applicant be permitted to re- locate the building to be used as a school library to some other lo- cation on the subject property when the dedication is made for street purposes. Whereupon Councilman Phillips withdrew his motion and substituted there- for a motion that,in view of the offer of applicant to dedicate the property required for the westerly extension of Fairview Avenue to Holly Avenue, as stated in a letter dated February 26, 1960 from applicant's attorney and as restated by applicant in person at this meeting, Council grant a zone variance to the Roman Catholic Archbishop of Los Angeles to allow the property at 910 and 924 Holly Avenue to be used for parochial school playground and for church parking as recommended by the Planning Commission in their Resolution No. 358, and that if the dedication be made in the future and the street so constructed, applicant be allowed without further proceedings to remove the building proposed to be used as a school library to another location upon the subject property. Councilman Camphouse withdrew his second and stated that instead of referring to the westerly extension of Fairview Avenue, it be referred to as a potential extension of Fairview Avenue, and with that change he would second the motion, which was then carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Mr. Victor Sidler, 341 Fairview Avenue, addressed the Council, stating in part that he did not object to a variance being granted Holy Angels for the purposes specified in their application but that he and others in his area were concerned about the proposed continuation of Fairview Avenue and would oppose any continuation in the manner outlined at this meeting; that they would prefer it remain as is, seeing no useful purpose in extending it onto an already heavily traveled street. He inquired if notice of any hearing or action by the Council on the open- ing of Fairview Avenue will be given. The City Attorney answered that the opening of Fairview Avenue at any time or in any manner or in any direction was not determined at this meeting but was only dealt with incidentally. That how Fairview Avenue may be opened and in what direction it may be opened will determine the extent and type of notice that may be given to property owners in the area. That if it is opened under the Street Opening Act, such as under the 1903 or 1913 Act, there sould be a series of notices given to property owners in the area. That if it is opened as a subdivision without any other special proceedings involved, it would be opened only with the affirmative consent of all the owners of property who were directly affected by the street opening, and in such event maps are filed and the matter appears on the agenda of the Planning Commission and the City Council as they come up for hearing before those two bodies, but that no formal notices are required to be given and usually are not given other than such publicity as the news- paper might give. The City Attorney added, in answer to Mr. Sidler's query as to whether their objections would be given consideration, that they will be considered. 7. 3-1-60 tRcO ; '04901 (Zone Variance - Holy Angels - Continued) ZONE VARIANCE (Uhl) :3btlY oUIDE1G;D ZONE VARIANCE (Shepherd of the Hills) ZONE CHANGES \ f~ Mr. H. C. Twiss, of 350 Fairview Avenue, addressed the'Council, stating in part that he does not disapprove the extension of Fairview Avenue if it is extended in its present direction to open on Holly Avenue. Councilman Phillips commented that the matter of the extension of the street was yet to be determined. Mr. L. S. Talley, Planning Secretary, advised that a revised map of a', proposed subdivision in that area had beenfiled and the matter will be taken up at the Planning Commission meeting of March 8, 1960. Planning Commission Resolution No. 360 recommending approval of the application of Russel Uhl for permission to use property at 131-137 East Live Oak Avenue as a miniature golf course. I The City Attorney explained that the applicant has conducted a similar operation on property near the cornel' of Baldwin Avenue and Las Tunas Drive; that the difference between these two locations is that the fo~r location was zoned commercially and a variance was necessary only for the conduct of the golf course itself, and not for other related activities that occurred such as the sale of food and soft drinks, music boxes and some of the minor type amusement games. That the present property, as to which the application is filed, is zoned residentially and the granting of the same variance as was granted on the other location will not permit a duplication of the same enterprise. Councilman Balser observed that if the Council grants this zone variance, the conditions previously imposed by the Planning Commission in that area, including the completion of an alley from Greenfield Avenue to 2nd Avenue will have been completed, and a zone reclassification may be made; but until such time he would suggest adding to Planning Commission Resolution No. 360 the proviso that the requested variance include faci~ities for the sale of food and soft drinks and the like. Whereupon Councilman Jacobi moved that the Council approve, the recommen- dation of the Planning Commission and grant a zone variance to Russel Uhl for permission to use property at 131-137 East Live Oak Avenue as a miniature golf course, with the additional proviso that the variance shall likewise include facilities for the dispensing of food and soft drinks, music machines and amusement devices for the use of minors and that the City Attorney be instructed to prepare a resolution accordingly. Motion seconded by Councilman Camphouse and carried unanimously. Mayor Reibold declared that since no action can be taken until time for appeal elapses (March 4, 1960) the zone variance request of the Shepherd of the Hills Evangelical Lutheran Church for permission to use property for church purposes (northwest corner of Santa Anita Avenue and Foothill Boulevard) Planning Commission Resolution No. 361 will be held over until the appeal period has passed. I The following matters requiring public hearings, Councilman Balser moved' that hearings be scheduled for April 5, 1960 at 8:00 o'clock P.M.: Planning Commission Resolution No. 362 - West Arcadia Annexation No. 14 - west side of Baldwin Avenue between Camino Real and Callita Avenue. Planning Commission Resolution No. 363 - Portion of Annexation No. l7-A adjacent to Duarte Road. Planning Commission Resolution No. 364 - Portion of Annexation No. l7-A,- property lying north of Lemon Avenue except portion adjacent to Duarte Road. Councilman Jacobi seconded the motion which was carried unanimously. 8. 3-1-60 LOT SPLIT No. 281 (Tentative) !-4f./{ rlUvi;;XED I LOT , SPLIT No; 282 (Tentative) 3-&l/-~ 1- iI.NDEXED 2. 3. 4. ,1 ,,8~902 Motion by Councilman Balser, seconded by Councilman Camphouse and carried on roll call vote as follows that Council accept the recom- mendation of the Planning Commission and indicate its intention to approve Lot Split No. 281 - Joseph Muscolino, 1400 Highland Oaks Drive, upon compliance with the following conditions: 1. File a final map with the City Engineer. 2. Provide a sewer lateral for parcel 2. 3. Pay $25.00 recreation fee. AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Planning Com- mission and indicate its intention to approve Lot Split No. 282 - C. D. Anderson, 145 E. Live Oak Avenue, upon compliance with the follow- ing conditions: File a final map with the City Engineer. Provide a sewer lateral for parcel 2. Pay $25.00 recreation fee. Parcel 1 to include parcel I-A, and parcel 2 to include parcel 2-A across the alley. LOT lJYD~Motion by Councilman Balser, seconded by Councilman Phillips and carried SPLIT~~~l unanimously that Council accept the recommendation of the Planning Com- No. 279 mission and indicate its intention to deny Lot Split No. 279 - P. L. McNutt (Tentative) and others, 1104 West Huntington Drive. TRACT No. 20952 -5~ ;l-- {LllDEXED BID AWARD (Roo f for Camino Real Reservoir) I ..;j ~:~ ;[NDE1UJ;n Motion by Councilman Camphouse, seconded by Councilman Phillips and carried unanimously that the recommendation of the Director of Public Works and ,the Water Superintendent be approved and that the City accept the improvements in Tract'No. 20952 for maintenance and the surety bond deposited by the subdivider be released. The City Manager advised that 14 bids were received on February 29, 1960 for the construction of the roof for Camino Real Reservoir; that funds for this project are provided for in the current budget under the appropri- ation in the Water Reserve and Depreciation Fund, Major Projects, Item 1, and that it is his and the Water Superintendent's recommendation that the bid for such project be awarded to the low bidder Worrell Construction Company, 112 East Lime Avenue, Monrovia, California, at their bid price of $13,760.00. Whereupon Councilman Phillips moved that Council accept the recommen- dation of the City Manager and the Water Superintendent; that a contract for the construction of the roof for Camino Real Reservoir be awarded to Worrell Construction Company, 112 East Lime Avenue, Monrovia,. ,', ' California, in the amount of $13,760.00; 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. Councilman Jacobi seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 9, 3-1-60 4-q 0 y 04903. I, ,; ~:;;-l. POLICE DEPARTMENT (liarness Racing) s (jJ;~ . ~ euJ-- INDEXED STREET TREES IN COMMERCIAL BUSINESS DISTRICTS (1: I REU lNDEXEp TREE REPLACEMENT (Santa Anita Avenue) 7: /RI?CS .lP.D~ Motion by Councilman Camphouse, seconded by Councilman Balser and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and authorize the amendment of the 1959-60 operat- ing budget by the appropriation of $11,040.00 from Unappropriated Surplus Account No. 290 in the General Fund to Account No. l20-3B to cover the extra cost of policing the 1960 Harness Racing Meet from March 12 through April 11, 1960: The City Manager reported that in compliance with the request of the Council for information regarding planting of street trees in commercial business districts, the staff has obtained considerable information in this regard, including specifications on the planting and material from the Downtown Tree Planting Committee of Los Angeles. He added that prior to making further investigation and recommendation by the staff he would suggest this matter be discussed with the Arcadia Chamber of Commerce as it appears that in order to carry out such a program it will be necessary to secure the cooperation of the businessmen of the community. Councilman Balser moved that Council authorize the City Manager to contact the Chamber of Commerce of Arcadia, in accordance with his suggestion, with regard to the proposed planting of street trees in the commercial business districts of the City. Motion seconded by Council- man Jacobi and carried unanimously. Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows thatCouncil accept the recommendation of the Director of Public Works and authorize him to proceed with the insti- tution of the following program of tree replacement on Santa Anita Avenue parkways, and also authorize the transfer of $3500.00 from Council Contingency Account No. 109-28 to Account No. 132-22 to finance the project: AREAS: West parkways between Grandview and orange Grove Avenue, Diamond Street and Live Oak Avenue, the east and west parkways between Orange Grove Avenue and Foothill Boulevard. (Portion between Foothill Blvd. and Diamond Street deleted because of proposed developments and the freeway). PLANTING PATTERN: Grandview Avenue to Foothill Boulevard - Holly Oak alternated with I Jacaranda. Foothill Boulevard to Duarte Road - Holly Oak, alternated with Victorian Box. Duarte Road to Live Oak Avenue - Holly Oak alternated with Orchid trees. AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None FIRE The City Manager advised that the information and recommendations COMMAND contained in his report to the Council regarding Fire Command Personnel PERSONNEL had been taken care of by Council's adoption of Resolution No. 3225 () : t}tJ- .; ./,' earlier in the meeting. J r;..; rpJiY~ ' IJYDElrE.!:, fJ'YJ ~fJ\ 10. 3-1-60 I I PERSONNEL BOARD (Senior Engineering Draftsman) , , ./1'0"" ,,"'.J.<. '<l:-JJ COMMUNICATIONS: TRACT No. 24311 0'4904 ' Motion by Councilman Phillips, seconded by Councilman Camphouse and carried unanimously that Council accept the recommendation of the Personnel Board as contained in its communication of February 15,1960 and authorize a change of the qualificati'ons in the class specifi- cation for Senior Engineering Draftsman to: "education equivalent to completion of the twelfth grade and at least three years' recent experience in water utility drafting or some other combination of education and experience of equal value." Communication dated February 24, 1960 from Mr. Harry G. McMahon, attorney for Mr. Max Davis, subdivider of Tract No. 24311, requesting affirmative action by the Council to accept or refuse to accept certain improvements of said tract. The City Manager explained that the staff had met on several occasions with Mr. Davis, his engineer and attorney, in an effort to resolve the matter of proper drainage in the area of said tract, as a result of which final approval of the improvements of said tract has been with- ;( ~C/~held, but that to date no equitable determination has been reached ~ /, since the subdivider has concluded that he will make no further expend- iture of funds in the solution of the drainage problem in the area. '. - [.~ -'.1. INDEXED .~ '! . The City Manager added that he thought there is some responsibility on the part of the subdivider to correct the situation and also some responsibility on the part of the City for having approved the original plans for the subdivision, although the improvements were not constructed exactly as specified in the approved plans. That had the improvements been put in exactly according to the plans originally submitted, the drainage problem would have been"at least minimized though not neces- sarily entirely solved, and that the subdivider maintains the change was made as a result of verbal approval from the then former Director of Public Works. Mayor Reibold advised that he had personally visited the scene during the last precipitation and had noted that the water drainage difficulty was caused by water originating not only in Arcadia but also in Monrovia, and that he believed that since the City had contributed to the errors made in the installation of the improvements in this tract, and that since no equitable determination has been reached, that it would be to the City's best interest to accept the improvements of said tract, and he so moved. Councilman Jacobi stated that he too had visited the tract during the last rain storm and had noted that not all the water originated in that particular area, and he seconded the motion. A general discussion followed. Councilman Balser stated that although various agencies, including the City, had made mistakes in this matter, the City should not bear the total cost of $5000.00 to remedy the situation; that an equitable settlement would be for the City to pay one third of the cost, the subdivider another third and the subdivision to the south another third. Mayor Reibold stated in part that nothing need be spent; that the tract could remain as is since the drainage did not seem to be of such serious proportion, it being a matter only of a little water washing up on an intersection and depositing a small quantity of dirt that the street sweeper could clean up; that other sections in the City have poor drainage. The Director of Public Works stated, however, that the problem is greater in magnitude than just debris in the intersection; that during a high intensity storm not only the intersection but the property to the south is inundated, which is the problem the City is attempting to resolve. 11. 3-1-60 i>l qo~r \; "04905 (Tract No. 24311 - Continued) ANTI-NARCOTICS LEGISLATION tr/~ INDE1L.,;, BUSINESS PERMIT EXTENSION J/2J INDEXED COUNTY BOUNDARY COMMISS ION .INDEXED o~ ~~ In answer to Mayor Reibold's question as to whether that is a liability of the City or of the Tract, the City Attorney stated that whatever liability may occur will be the'liability of the City if the City accepts the improvements. Councilman Balser added that while he appreciated Mayor Reibold's feelings to the effect that there are other places in the City where there is bad drainage, nevertheless, prior to the construction of the subject subdivision there was no water problem there and that the subdivision contributed to such problem. In compliance with Councilman Camphouse' request a roll call on the motion made and seconded was called as follows: AYES: NOES: Councilman Jacobi and Mayor Reibold Councilmen Balser, Camphouse and Phillips I Councilman Balser then moved that the improvements of Tract No. 24311 be accepted if and when the subdivider posts with the City one third of the $5000.00, being the estimated cost of correcting the situation. A discussion ensued on Councilman Balser's motion. Councilman Phillips stated that this would take care of only two thirds of the cost. Mayor Reibold felt that if the City is to spend money on drainage in the subject tract that thet:e at:e places in the City whet:e the same amount of money could be spent to better drainage situations, such as Santa Anita Avenue, First Avenue and Holly Avenue. Councilman Phillips commented that it was his understanding that First Avenue, Duarte Road and Santa Anita Avenue are already under contract for a nominal drain to the Arcadia Wash, and the Director of Public Works verified that statement. Councilman Camphouse stated that while he agreed with Councilman Balser he did not think the other potential subdivision should be involved for a third; that Council has indicated by its vote that they are willing to cooperate to some extent and are not adamant in their position as is the subdivider. Whereupon Councilman Balser withdrew his motion. Motion by Councilman Balser, seconded by Councilman Camphouse and carried unanimously that the City Clerk be instructed to write to Governor Edmund G. Brown requesting that he include in the current special session of the Legislature, or as soon as otherwise possible, ways and means of controlling and eliminating the deadly narcotics traffic and its lethal consequences in the State of California and strongly urge immediate and effective legislation, and that copies of such letter be sent to Assemblymen Geddes and Lanterman, to Radio Station KMPC and also to the 'City of Lakewood, which city is to be commended for initiating the writ- ing of such request to the Governor. Motion by Councilman Camphouse, seconded by Councilman Phillips and I carried unanimously that Council approve the application of P. G. ' Calvet:t, 334 Wildrose, Monrovia, California, for a 30-day extension of his business license for'the sale of tip sheets (Bernie's) during the Western Harness Racing Meet and that the pt:ovisions of Section 18 of Ordinance No. 737 applicable to previously licensed businesses be waived. Mayor Reibold ordered filed notices ft:om the County Boundary Commission that the following cities have filed annexation proposals since they have no effect upon the City of Arcadia: Baldwin Park - near San Bernardino Freeway" City of Industry - near 5-points east of El Monte ". 12. 3-1-60 I I 04906 AUDIENCE PARTICIPATION RESOLUTION No. 3226 (Holy Angels Church) .l1Vj):e~ -56'1-6 ~o . , I; -~ -, . -- t RESOLUTION ., No. 3227 (Miniature Golf Course) ""4'.0 ....~ .:5f c, tiy ADJOURNMENT No one in the audience desired to addre~s the Council. The City Attorney presented and read the title of Resolution No. 3226, entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A VARIANCE FOR A PAROCHIAL SCHOOL PLAYGROUND AND FOR CHURCH'PARKING AT 910 AND 924 SOUTH HOLLY AVENUE IN SAID CITY." He then explained the general content thereof, and read the portions that differed from or'added to the Planning Commission recommendations. Motion by Councilman Phill~ps, seconded by Counci~man Camphouse and carried on roll call vote..as follows that the reading of the full body of Resolution No. 3226 'be~~aived: AYES: Councilmen NOES: None ABSENT: None Balser; Camphouse, Jacobi, Phillips, Reibold Motion by Council4an Phillips, seconded by Councilman Camphouse and carried on roll call vote as follows that Resolution No. 3226 be . adopted: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3227, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A VARIANCE TO PERMIT THE ESTABLISH- MENT AND OPERATION OF A MINIATURE GOLF COURSE AT 131-137 EAST LIVE OAK AVENUE." The City Attorney added that this resolution adopts the recommendation of the Planning Commission with one change of permi~ting the establish- ment of a miniature golf course including the faciiities for the incidental sale of food and soft drinks, music machines and amusement devices designed primarily for the use of minors, and changes their recommendation prohibiting any other use to state that the subject property shall not be used for any purpose authorized by reason of the variance hereby'granted and for which additional.permits or licenses are required by any ordinance of.the City of Arcadia unless the required permits or licenses are 'first obtained.' Motion by Councilman Camphouse, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Resolution No. 3227 be.waived: , : 'n t... AYES: Councilmen Balse~, Camphouse, Jacobi,. Phillips, Reibold NOES: None ABSENT: None . " Motion by Councilman Camphouse, seconded by Councilman Balser and carried on roll call vote as follows that Resolution No. 3227 be adopted: AYES: Councilmen Balser, 'Camphouse, Jacobi, Phillips, Reibold .' -, . NOES: None ABSENT: None " Mayor Reibold ordered' the'. meeting .1960 at'7:30 P.M. ' rch 8, .""-'" ATTEST: ~ , C ~~Uan~~tU._ City Clerk fl. 0 IP