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HomeMy WebLinkAboutAUGUST 2,1960 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES (7-19-60) PLANNING COMMISSION (Golisch) LOT SPLIT No. 298 (Denial) 4101 INDEXED ILOT SPLITS NOS. 299 and 300 5069 . M I NUT E S - ~ . ~ , CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEET ING AUGUST 2, 1960 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 o'clock P.M., August 2, 1960. The Invocation was offered by Rev. W. Stanley Courtney, associated with the Arcadia Presbyterian Church. Mayor Pro Tempore Balser led in the pledge of allegiance to the flag. PRESENT: ABSENT : Councilmen Butterworth, Reibold, Phillips, Balser Mayor Camp house Councilman Butterworth moved that the Council Minutes of July 17, 1960 as. submitted in. writing be amended as follows: On page 10, under the heading "planning Connnission" that the City Council as a.whole extended congratulations to both Mr. Harold Acker upon his reelection as Chairman and Mr. George Forman as Vice-Chairman of the Planning Commission; On page 13, under the heading "League of California Cities" that he had intended to state that he had not been instructed by the Council .as to how to vote on the matter of the Bonelli plan reapportioning senatorial .representation and therefore did not vote; and as thus amended the minutes of submitted in writing be approved. was carried unanimously. the Regular meeting of July.19, 1960 as Councilman Reibold seconded the motion whic~ Mayor Pro Tempore Balser welcomed to the City Council Mr. Ervin Golisch, appointed by the Planning Connnission to serve as liaison between the .Planning Connnission and the City Council to fill the vacancy resulting from the resignation of Mr. Edward Stout. Motion by Councilman Phillips, seconded by Councilman Butterworth and carried unanimously that Council accept the recommendation of the Planning Connnission and deny Lot Split No. 298, being the request of G. Rayson Brown, 250 West Duarte Road, to divide the rear portion of the property to make a new lot facing Magna Vista Avenue, for the reason that by subdivision and lot split .the street is now only half width for 200 feet and approval of this split would widen it to full width at the lot, but would leave an intervening .half width street for 100 feet, this not resulting in good access or good planning. Motion by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that Council accept the recommendation of the Planning Connnission and indicate its intention to approve the following lot splits upon compliance with the following conditions: INDEXED No. 299 - William W. Green, 1608 S. Sixth Avenue }-61 f 1. 2. 3. File a final map with the City Engineer Pay $25.00 recreation fee Relocate the existing dwelling and garage to clear the division line. 1. 8-2-60 5070 :/'l~D .nIDEXED TRACT No. 26077 (Tentative) j10v !lliDEXED ZONE VARIANCE (Roman Catholic Archbishop) ACCEPTANCE OF WORK .f r; "2, ? .INDEXED CALL FOR BIDS (Resurfacing Project #53) 111J;lJ . C!NDEXED No. 300 - O. M. Knutsen, 718 Camino Grove Avenue 1. File a final map with the City Engineer 2. Install a sewer lateral for Parcel 2 3. Pay $25.00 recreation fee 4. Remove the shed and debris from the lot. Located on Greenfield Avenue between La Sierra Drive and Pamela Road, containing 17 lots. Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that Council accept the recommendation of the Planning Commission and grant tentative approval of Tract No. 26077 upon compliance with the following conditions: 1. Remove all buildings within the tract and all trees within the street area, I 2. Provide all necessary rear line utility easements. 3. Install all street improvements required by the subdivision ordinance in accordance with plans and to grades to be approved by the City Engineer. 4. Pay the following fees and deposits: 6 steel street light poles 42 street trees 3 street name signs 17 lots recreation fee @ $135.00 @ 8.50 @ .35.00 @ 25.00 $810.00 357.00 105.00 425.00 $1,697.00 5. The City shall dedicate for street purposes Lot 26, Tract No. 19712 and Lot 15, Tract No. 21618. Mayor Pro Tempore Balser declared that since no action can be taken until time for appeal elapses (August 5, 1960) the zone variance request of The Roman Catholic Archbishop of Los Angeles to allow the removal of a dwelling presently located at 925 Holly Avenue, to the rear of the property at 330 West Huntington Place, to be used as c shool library and remedial reading room, Planning Commission Resolution No. 378, will be held over to the August 16, 1960 Council Meeting. Motion by Councilman Butterworth, seconded by Councilman Reibold and carried on roll call vote as follows that the City Council approve the recommendation of the City Manager and the Director of Public Works and accept the work of the Johnson Tree Service for the removal of 21 Eucalyptus and 71 Pepper Trees, excluding stumps, in the parkway along Duarte Road, from Santa Anita Avenue to Holly Avenue, 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, Balser NOES: None ABSENT: Mayor Camp house I Motion by Councilman Phillips, seconded by Councilman Butterworth and carried unanimously that the City Council accept the recommendation of the City Manager and the Director of Public Works; that the plans and specifications for the resurfacing of the following streets be approved as submitted; that the City Clerk be authorized to call for bids for such work in conformance with said specifications, to be received on August 15, 1960 at 11:00'o'clock A.M.: 2. 8- 2- 60 I \ 5071 Indiana Street - First Avenue to Second Avenue Colorado Boulevard - Fifth Avenue to Second Avenue Alta Oaks Drive - Highland Oaks Drive to Grand View Avenue Dexter Avenue - Hampton Road to Singing Wood Drive Forest 'Avenue - Tindalo Road to Rodeo Road Santa Margarita Drive - Hampton Road to Orange Grove Avenue Murietta Drive - Old Ranch Road to catalpa Road Golden West Avenue - Huntington Drive to Hugo Reid Drive Monte Verde Drive - Michillinda Avenue to Altura Road Encanto Drive - Golden Wcst Avenue to Michillinda Avenue Panorama Drive - Golden West Avenue to Michillinda Avenue Naomi Avenue - Santa Anita Avenue to El Monte Avenue Lemon Avenue - Holly Avenue to El Monte Avenue Woodruff Avenue - Santa Anita Avenue to El Monte Avenue Naomi Avenue - Holly Avenue to Lovell Avenue Bella Vista Drive - Longden Avenue to Wistaria Avenue Greenfield Avenue - 1713 feet north of Live Oak Avenue Warren Way - Las Tunas Drive to Holly Avenue Longley Way - Las Tunas Drive to El Monte Avenue Albert Way - Palm Drive to Woodruff Avenue Oak Meadow Road - Hacienda Drive to Orange Grove Avenue Arbolada Drive - Foothill Boulevard to 1615 feet north Hugo Reid Drive - Michillinda Avenue to Baldwin Avenue Glencoe Drive - 350 feet north of Singing Wood Drive It was added that the program will be financed from budgeted State and. ~ County gas tax funds. cr ( "L./ - - ~7/I. At) ANNUAL ~tion by Councilman Reibold, seconded by Councilman Phillips and carried LIGHTING H unanimously that Council approve the annual Lighting Maintenance District MAINTENANCE S Report submitted by the Director of Public Works and direct. the appropriate DISTRICT ~ tax levies to be made within the specific districts. REPORT B PLANNING COMMISS ION APPOINTMENTS (Rutherford - Ferguson) /YlSf ~ ~ ~ I PROPOSED USE OF PRESENT LIBl\ARY BUILDING 11{)~ H ~ .t:J ~ ~ Mayor Pro Tempore Balser asked for appointments to Boards and/or Commissions: Councilman Butterworth placed in nomination and moved that Mr. E. E. Rutherford, 717 E. Norman Avenue be appointed to fill the vacancy created on the Planning Commission by the expiration of the term of Mr. Rudolph E. Davison, for a term commencing July 1, 1960 and terminating June 30, 1964. Councilman Phillips seconded the motion which was carried unanimously. Councilman Reibold placed in nomination and moved that Mr. Kermit D. Ferguson, 305 Armada Road, be appointed to fill the unexpired term on the Planning Commission created by the resignation of Mr. Edward F. Stout, said term expiring June 30, 1963. Motion seconded by Councilman Butterworth and carried unanimously. Mayor Pro Tempore Balser then presented both Mr. Rutherford and Mr. Ferguson to the City Council. The City Manager advised that a request had been received from the Superintendent of Schools regarding the possibility of the Board of Education utilizing the old City Library building, and the length of occupancy, if so utilized, for school administration purposes when such building becomes vacant. The City Manager rccommended the following proposal be submitted to the School Board: That in view of the proposed planning for a redevelopment of the downtown area of Arcadia in connection with the proposed Foothill Freeway, the City should make no commitment for permanent occupancy of the building fOI public use since the redevelopment if it occurs may find a higher and better use for this property which would accrue benefits to the City and the School Board in an increased tax basei that the City could offer to lease for $1.00 a year on a five year lease with an automatic annual renewal of one-year periods which could be cancelled by either party upon a 12-month notice; 3, 8-2-60 5072 (Old Library Building - Continued) lNDEXED J1f)~ that the School Board properly maintain the building and land and have the right to remove from the building any fixtures or equipment installed as part of the alteration process. The City Manager also suggested that they consider the installation of door-height partitions which could be removed and reused in a new administration building when such is constructed by the School Board. In the general discussion that ensued the Council expressed the following opinions and suggestions: Councilman Phillips stated in part that he felt the lease should not be limited or geared to the 'anticipated freeway, as this 'may not be the ultimate development that will require the use of the land in question for higher and better use; that he would suggest a lease of approximately three years frOI the date of the anticipated move into the new library, which will be approximately June 1, 1961, with renewal options and a cancellation clause one year after the three years, giving them three years amortization. Councilman Butterworth stated in part that he felt the highest and best use of the facilities would be to permit the School District to use the building , for a minimum period of five years at $1.00 a year, with options tied into a two-year renewal period. He added in substance that'he felt a three-year lease would hinder the transaction as the school would not be justified in expending the money to make alterations, and that he would favor a seven or eight year lease; that if the school board is not permitted to use the building they will be forced to expend approximately $250,000.00 to build an administration building and a tax burden in this amount will be imposed on the community. Councilman Reibold stated in part that a school administration building is urgently needed and that he would be willing to assist in every way possible to make it a reality, but that as the school district already has a site for such a building, postponing construction is merely increasing the cost approximately 5% a year. That the school and city government were by law intended to remain separate entities and he did not believe the Council, as custodians of city property, have the legal right to offer to another jurisdiction property at other than fair market value and, parenthetically, if the school desires the property in question, such fair market value should first be ascertained; that an offer of approximately $70,000.00 has been received for the property and in his opinion, it is probably worth double that amount. However, if the school desires to lease the property in question he would be amenable to a lease of three years as per Councilman Phil:ips' suggestion, but at a compromise rental of at least one-tenth of the fair market value, it being customary to lease on a one-sixth market value basis. He continued that to lease at the suggested rental of $1.00 per year would be merely shifting the tax burden from the school to the city, but that having the property in question returned to the tax rolls would produce revenue that would inure to the benefit of both the school and the city. Councilman Butterworth then stated in part that in his opinion it would not be a question of shifting the tax burden but that it would be imposing a tl burden on the residents if the Board of Education were forced to build whe the library building is available and suited to the need; that the people the community would, in his opinion, support the lease of the building at very nominal annual rental. Councilman Phillips commented in part that he w~u1d rather sell the land, take the money and build the school an appropriate building on the correct site on today's dollar rather than on the dollar five or six years hence, which would probably cost at least another 50%; that in his opinion the solution of the problem is not the library building; that he would favor permitting the school to use the building for a definite time, but less than five to seven years. Mayor Pro Tempore Balser stated in part that he also believed the school district should have an administration building in keeping with the school 4. 8-2-60 (Old Library Building - Continued) I PECK ROAD PROPERTY (Proposals _ to Purchase) IllDEXE.o -1101 I 5073 system; that he favored tiding them over for the time being on the basis of permitting them to lease the old library building at a nominal rental on a -four year lease with tl~O year cancellation clause and a renewal clause at the end of four years. At the suggestion of Councilman Phillips and the concurrence of the Council, Mayor Pro Tempore Balser appointed Councilmen Reibold and Butterworth, and the City Manager, as a committee to meet with two members of the school board in an endeavor to resolve the matter. He requested the City Manager to secure an approximate appraisal of the fair market value of the property in question, and to apprise Dr. Taylor of Council's thinking in the matter, and to arrange the meeting date for the committee. The City Manager advised that the following proposals have been received for the property owned by the City on Peck Road south of Live Oak: Arce Bros, 1116 E. Edna place Covina, Calif. $100,000 payable as follows: $10,000 at close of escrow; balance secured by First Trust Deed. Interest at the rate of 5~% per annum. Principal and interest payable $15,000 or more per year including interest. Arcadia Industries, Inc'. 965 N. Fair Oaks Ave-. Pasadena, Calif. $103,000 payable as follows: $15,000 down, remainder due on a note basis at 6% interest. narry G, McMahon 33 E. Huntington Dr, Arcadia, Calif. $111,000 payable as follows: $25,000 payable over 10 years at 6% interest. be paid if necessary,) down, balance (Cash will The Pratt Construction $110,000 cash. Co" 117 N, Second Ave. Arcadia, California The City Manager recommended that none of the proposals be accepted or rejected at this time but that the City Council meet with the individuals submitting the proposals. He added that a complete appraisal had been made of the property and the information contained in such appraisal made available to the persons submitting the proposals and a number who did not submit them, feeling that they should be apprised of the improvements that will be lequired and the estimated cost of such improvements, Councilman Butterworth commented that he had had occasion to look for industrial properties in the San Gabriel Valley for a client but had found nothing much under $30,000 to $40,000, but had found aome at $60,000 and $70,000 and that the abovt price range seemed very low, although he realized the property was undeveloped. The City Manager stated in part that the prices received are within the range of the appraisal; that there are still a number of improvements to be made as outlined in the appraisal and his report, Mayor Pro Tempore Balser stated in part that he felt that a factor to be considered is the income to be derived in the future after the land is developed. The Council agreed that the prime importance in the sale of the 14 acres is the ultimate development of it for industrial sites to increase the City's tax base, Upon the concurrence of the council, Mayor Pro Tempore Balser then instructed the City Manager to arrange a meeting with the prospective developers of the property and the Council as a whole at a time agreeable to all, and suggested that it be some time during the week of August 8th, and not later than August 25th, 1960. 5, 8- 2- 60 5074 SANTA ANITA AVENUE BEAUTIFICATION (Sidewalks) (f.~ INDEXED BID AWARD (Trees) ll{D.E:)Q;D ~ 70:)' NEW LIBRARY (Plaque) -r111 dJ .I.l{DE~' REPORT GENERAL FUND (1959-60 Operating Balanclls) i~/ j " Il{DE~D The City Manager advised that about a year ago a question was raised as to the advisability of constructing a sidewalk down the center of the median strip of Santa Anita Avenue, between Huntington Boulevard and Live Oak Avenue, and the matter referred to Staff; that it was the recommendation of the Chief of Police, the Director of Public Works and the landscape architect, in which recommendation he concurrs, that from a safety standpoint and esthetic appearance this not be done. That at this time construction is well under way in the improvement of Santa Anita Avenue from Huntington Drive southerly to a point ,200 feet south of Camino Real and in order to complete the beautification plans so that this work can be started as soon as the construction work is completed this question should be resolved. Whereupon Councilman Butterworth moved, seconded by Councilman Reibold and carried unanimously, that Council accept the recommendations and ,authorize I the City Manager to proceed with the beautiiication plans on Santa Anita Avenue, eliminating the sidewalk construction in the median strip. The City Manager reported that the following bids were submitted according specifications for the purchase of certain trees and that it is the recommen- dation of the Director of Public Works and the Purchasing Officer that a contract for such trees be awarded to Select Nurseries, Inc. That it is &lso recommended that the order for such trees as designated by the Department of Public Works be increased to bring the total of the contract, including all taxes, to $3,429.14 (1421 trees); that provision was made in the specifications for increasing quantities ordered, such increase permitting the City to take advantage of the favorable prices offered while still remaining under the sum of $3,500.00 set aside for said purchase: Select Nurseries, Inc. 12831 E. Central Avenue Brea, California $2,437.50 97.50 $2,535.00 - Less 5% - 10 days 4% tax L. C. Doss Nursery 3493 Philadelphia Chino, Calif. $3,475.00 139.00 $3,614.00 4% tax Motion by, Councilman Butterworth, seconded by Councilman Phillips and carried on roll call vote as follows that Council approve the recommendations of the City Manager, the Director of Public Works and the purchasing Officer; that a contract for the purchase of certain trees according to specifications be awarded to Select Nurseries, Inc. in the amount bid and that the order for such trees as designated by the Department of Public Works be increased to bring the total of the contract including all taxes to $3,429.14 (1421 trees); 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 in form approved by the City Attorney: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse To the City Manager's request for a dedication statement to be inscribed 01 the seven inch bronze dedication plaque to be placed in the entry way of t new library building, Councilman Reibold moved that Councilman Phillips be appointed to consult with the Library Board and to submit to the Council t decision reached. Councilman Butterworth seconded the motion which was 'carried unanimously. The City Manager submitted a statement of the City Controller showing the revised General Fund surplus balance estimates for' 1959-60. He added that the figures are not final but are very close to the final operating balances; that final figures will be available in about a month; that the submitted figures differ somlwhat from the estimated figures given to the Council several months ago during budget discussions, and they exceed these figures by approximately $50,000.00. That this additional surplus is made 6. 8-2-60 I ORDINANCE NO. 1085 (Adopted) 5075 up primarily in the difference between the anticipated unexpended appropriations in the 1959-60 budget, sincc thc close of the books indicates that therc will be a surplus of unexpended appropriations in the various departments totalling $51,646.00 instead of the anticipated $20,000.00; that there has also been an increase of approximately $10,000.00 in sales tax which was unanticipated, and the balance is made up of miscellaneous items in the various revenue accounts. (Statement on file in office of the City Clerk). Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the report be received and placed on file. The City Attorney presented for the second time, explained the content and read the title of Ordinance No, 1085, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY LOCATED AT 1602 SOUTH BALDWIN AVENUE FROM ZONE R-l TO ZONE R-3." Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1085 be waived: -1-07:U AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor camphouse ORDINANCE NO. 1090 (Adopted) I ORDINANCE NO. 1091 (Tabled) H !Z \:l t'l i;i \:l' Councilman Phillips further moved that Ordinance No, 1085 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips NOES: Councilman Balser ABSENT: Mayor camphouse The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1090, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT NO PART OF THE BONDS AUTHORIZED BY ORDINANCE NO. 556 WILL BE ISSUED OR SOLD AND DECLARING SUCH BONDS VOID." Motion by Councilman neibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1090 be waived: H ~ t1\ ~ to" AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse Councilman Reibold further moved that Ordinance No. 1090 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips', Balser NOES: None ABSENT: Mayor Camp house Upon the City Attorney advising that he had drafted an ordinance which would adopt the Model Traffic Ordinance published by the League of California Cities, and there being no objection from the Council, Mayor Pro Tempore Balser ordered tabled Ordinance No. 1091, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING TRUCK ROUTES WITHIN THE CITY OF ARCADIA AND REPEALING ORDINANCE NO. 204 OF SAID CITY," which had been introduced at the Council meeting of July 19, 1960. i. 8- 2- 60 5076 MODEL TRAFFIC ORDINANCE RESOLUTION No. 3286 INDEXm.! ORDINANCE No. 1095 (Introduced) 5075 The City Attorney also advised that the City Manager, the Police Chief and the City Engineer had reviewed said Model Traffic Ordinance and that he had incorporated their recommendations and deletions in Ordinance No. 1095 which he proposed to present to the Council at this meeting. He added that it will be necessary for the Council to determine at this meeting a date for an adjourned meeting (suggesting either August 18 or'19, 1960) in order to adopt sai Ordinance No. 1095, as it is necessary that it be adopted prior to September 6, 1960 at which time it is anticipated that an ordinance adopting the Arcadia Municipal Code will be introduced. The City Attorney then presented Resolution No. 3286, explaining that said resolution recognizes the League of California Cities as a private institution, nationally recognized as and devoted to municipal government, this being t) foundation upon which Council can adopt by reference the model traffic ordinance, said resolution being entitled: "A RESOLUTION OF THE CITY COUNCI OF THE CITY OF ARCADIA, CALIFORNIA, RECOGNIZING THE LEAGUE OF CALIFORNIA CITIES AS A NATIONALLY RECOGNIZED ORGANIZATION DEVOTED TO THE STUDY OF LOC MUNICIPAL GOVERNMENT AND APPROVING THE 1960 EDITION OF THE UNIFORM TRAFFIC ORDINANCE FOR CALIFORNIA CITIES ADOPTED AND PUBLISHED BY THE LEAGUE OF CALIFORNIA CITIES." Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3286 be waived: ' AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse Councilman Reibold further moved that Resolution No. 3286 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camp house The City Attorney presented to the City Clerk three bound copies of the Uniform Traffic Ordinance, 1960 edition, published by the League of California Cities, which will be on file in the office of the City Clerk from this date to the date of the adoption of the model ordinance. Thereafter the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1095, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE USE OF AND TRAFFIC UPON THE STREETS, SIDEWALKS AND OTHER PUBLIC AND PRIVATE PLACES IN THE CITY OF ARCADIA; THE USE, PARKING 'AND CONTROL OF VEHICLES THEREON; AND REPEALING ORDINANCES NOS. 728, 755, 756, 784,,817, 960, 988, 1017 AND 1041 AND ALL ORDINANCES AMENDATORY THEREOF, AND ADOPTING BY REFERENCE THE 1960 EDITION OF THE UNIFORM TRAFFIC ORDINANCE OF THE LEAGUE OF CALIFORNIA CITIES." I Motion by Councilman Phillips, seconded by Councilman Butterworth and ~arried on roll call vote as follows that the reading of the full body of ,) :'Ordinance No. 1095 be waived: , ' AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camp house Councilman Phillips further moved that Ordinance No. 1095 be introduced. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse 8. 8-2-60 ORDINANCE No. 1092 (Introduced) I WEED ABATEMENT PROGRAM (1960-61) f031 .IJ{J)~ RESOLUTION NO. 3278 I ~ 0:31 .IJ{J)~ 5077 Mayor 'Pro Tempore Balser commented that at the Council Meeting of August 16, 1960 a motion can be made adjourning that meeting to August 18th. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1092, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CHANGING THE NAME OF HUNTINGTON BOULEVARD, A PUBLIC STREET IN SAID CITY, TO HUNTINGTON DRIVE." Motion by Councilman Butterworth, seconded b~ Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1092 be waived: AYES: Councilmen Butten>orth, ,Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camp house Councilman Butterworth further moved that Ordinance No. 1092 be introduced. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse The City Attorney advised that on February 16, 1960 Council adopted Resolution No. 3219 instituting weed abatement proceedings under the Government Code; that at the conclusion of the hearing thereon on ,March 1, 1960 Council ordered the Superintendent to proceed with the weed abatement program through- out the City, pursuant to which properties containing weeds or other debris were duly posted and thereafter cleaned. That an accurate account of all charges were kept and the Superintendent has submitted his report showing amounts proposed to be assessed against various lots and representing the cost of removing weeds from said lots in the City of Arcadia for ,the year 1960-61; that copy of same, together with notice of the time of its submission to and consideration thereof by the City Council has been posted on the door outside the Council Chambers July 27, 1960 as required by law. Mayor Pro Tempore Balser thereupon declared the hearing open and stated that this is the time and place for any person to be heard who may wish to object to any of the charges or the work performed. No one desiring to be heard, and upon being informed by the City 'Clerk that no written protests had been received, Councilman Reibold moved that the hearing be closed. Motion seconded by Councilman Phillips and carried unanimously. The City Attorney then presented, explained the content and read the title of Resolution No. 3278, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING STREET SUPERINTENDENT'S REPORT OF THE COST OF THE ABATEMENT OF RUBBISH, REFUSE AND WEEDS UPON STREETS AND PRIVATE PROPERTY IN THE CITY OF ARCADIA, FIXING THE AMOUNT OF THE COST OF SUCH ABATEMENT, DECLARING THE Sf~ TO BE LIENS UPON THE RESPECTIVE PARCELS OF LAND IN SAID CITY AFFECTED THEREBY, AND DIRECTING COLLECTION THEREOF." Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the fuli body of Resolution No. 3278 be waived: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse Councilman Phillips further moved that Resolution No. 3278 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as fo llows : 9. 8- 2- 60 5077 LE FAVE MATTER A'1,,",1 A ,~~ J I.NDEXED OLD LIBRARY BUILDING (McMahon) 4-70~ .INDEXED GOLDEN AGE CL~. ~"~ (i): '7 .IliDEi!En BUSINESS PERMIT RE4 ;;,.8/ I.NDEXED ~FUNDS (Christensen & Atwell) AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse The City Clerk advised that a petition signed by sixteen property owners had been filed protesting the many social activities and the resultant noise at 250 West Foothill Boulevard. The City Manager advised that prior to receiving the petition the City had been aware of the situation and had taken action to abate .the nuisance; that his office, working with the City Attorney, the Police Chief and the Business License Officer, had conducted an investigation which has built I the groundwork of sufficient evidence for official action to be taken and that letters have been mailed to Mr. LeFave, the occupant of 250 West Foothill Boulevard, and the Supervisor of Alcoholic Beverage Control Board, indicating such action; also the individuals who have contacted the office have been so apprised, as well as individuals knO\<n to be catering the . functions, and others. The City Attorney advised that the situation will be under control in the near future; that an injunction will be sought and that a civil suit rather than criminal prosecution is presently contemplated. Mayor Pro Tempore Balser commended the City Attorney and the Staff on the progress made in the matter. Motion by Councilman Phillips, seconded by Councilman Butterworth and carried unanimously that in connection with the communication dated July 20, 1960 from Mr. Harry G. McMahon, offering to purchase the present library building for the sum Of $70,000.00, that Council accept the recommendation of the,City Manager and instruct him to advise Mr. McMahon that the sale of said property is not at the present time contemplated. With reference to the communication dated July 21, 1960 and the Resolution from the Arcadia Golden Age Club, read in full by the City Clerk, requesting aid in providing a facility which could be used by them for meetings both social and business, Mayor Pro Tempore Balser moved that the matter be referred to the capital Projects Committee (Councilman ReiboJ~ - Chairman), and that the possibility of assistance from the County of Los Angeles also be explored. Councilman Butterworth seconded the motion which was carried unanimously. Motion by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the Council approve the application of R. L. Polk & Company, 120 E. 8th St., Los Angeles, California, for a renewal of a business license permit and that the provisions of Section 18, Ordinance No, 737 applicable to previously licensed businesses be waived. Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the Mayor and City Clerk be authorized to make the following refunds to the following persons, being the unused I portions of investigation fees deposited in connection with their applicat' for business permits: INDEXED 1-087 Oonald F" Christensen, 1045 \~. Huntington Dr., Arcadia $13 .00 :::;-fdf{'i{ Gaylord E. Atwell, 2740 N. Maiden Lane, Altadena $11.31 COUNTY BOUNDARY COMMISSION AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camp house Mayor Pro Tempore Balser ordered filed the following notices of annexation proposals by the City of El Monte, received from the County Boundary Commission, saIne having no effect on Arcadia: Nos. ~26, 233, 234, 235, 236, 237. 10. 8- 2- 60 5078 ORAL COMMUNICATIONS: (LeFave) I J:f..7D~ -{;" '~~ ORDIN~CE No. 1093 (tntroduced) I Mr. Leo LeFave, 250 W. Foothill Blvd. addressed the Council, stating in part that with reference to the complaints made against him regarding noise, etc. resulting from social activities at said address, that he had permitted such activities to be held in a recreation building on his estate principally for charitable purposes; that recently the Alcoholic Beverage Control Board had required his securing overnight licenses to legalize the sale of liquor from which he realized no profit. He added that he did not realize it was necessary to have a permit from the City and that in the future he would inform the City when any group requested the use of his premises and would abide by the City's decision as to whether such a gathering could be held. Two other speakers, Mr. David Eily of Temple City and a Mr. Angini addressed the Council, and spoke on behalf of Mr. LeFave, stating in substance that they felt Mr. LeFave was serving the community well in offering his home for charitable functions. The City Manager stated in part that the City's evidence refuted the contention that the parties were primarily for fund raising ventures; that although benefits have been derived from some of the affairs held at said location, the property is in a residential zone and the welfare of the area must be considered. It was also mentioned that there are facilities en Arcadia where such functions are welcomed and may be legally held. The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1093, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE PLACING AND MAINTAINING OF BENCHES IN AND UPON PUBLIC STREETS AND PROPERTY, AND REPEALING ORDINANCE NO. 838 OF SAID CITY." The City Att~rney suggested that in view of the model traffic ordinance it would be appropriate to assign the duty of inspection to the Director of Public Works rather than the Chief of Police, and that section 5 of the above ordinance be so amended. In the discussion that ensued Councilman Butterworth questioned in part the amount of the maximum penalty and fine imposed for violating this ordinan~e and also the reason ordinances with such penalties were adopted when, accord- ing to the inference he had received, they were seldom if ever enforced. ~He was advised in substance that such penalty provisions ~were imposed in accordance with the City Charter and that the penalty actually imposed for a violation is not the prerogative of the Council but that of the Court. Councilman Phillips then moved that Section 5 of Ordinance No. 1093 be amended by striking the words "chief of police" and substituting therefor "Director of Public Works". Councilman Reibold seconded the motion' -':hich " , was carried unanimously. Councilman Phillips further moved that the reading of the full body of Ordinance No. 1093 be waived. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse Councilman Phillips again moved that Ordinance No. 1093 be introduced as ~abo'ire amerlded." Mation"seconded by Councilman Reibold and carried oil roll call vote as follows: AYES: Councilmen Reibold, Phillips, Balser NOES: Councilman Butterworth ABSENT: Mayor Camphouse 11. 8-2-60 5079 ORDINANCE No. 1094 (Introduced) ORDINANCE No. 1096 (Introduced) ACACIA TREE INFESTATION (Spittle Bugs) :::fffr L.'l:lfDE:xEn RESOLUTION NU. 3287 ;LlIDEXED The City Attorney presented for the first time, explained the content, (commenting that this ordinance is a companion to Ordinance No. 1093 just introduced) and read the title of Ordinance No. 1094, entitled: "AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF ARCAIJIA, CALIFORNIA, AMENDING ORDINANCE NO. 737 OF SAID CITY BY ADDING SECTION 23-B THERETO." 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. 1094 be waived: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None f~SENT: Mayor Camphouse Councilman Reibold further moved that Ordinance No. 1094 be introduced. I Motion seconded by Councilman Phillips and carried on roll call vote as fo llows : AYES: NOES: ABSENT : Councilmen Reibold, Phillips, Councilman Butterworth Mayor Camphouse Balser The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1096, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P~Cf~IA, CALIFORNIA, REGULATING THE SPEED OF TRAINS IN SAID CITY." Motion by Councilman Butterworth, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1096 be waived: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse Councilman Butterworth further moved that Ordinance No. 1096 be introduced. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camp house The Director of Public Horks reported on the progress made in the effort to eliminate Cercopidae Homoptera (Spittle Bugs) which have infested Acacia trees in the City's parkways. He stated in substance that although the City had these trees sprayed, a field check evidenced a reinfestation of the same number of trees and that it cannot be stated that additional spraying at an estimated cost of $2500.00 will eliminate further infestation during this calendar or fiscal year; also that it is not proposed that any such trees will be planted in the future. Mayor Pro Tempore Balser suggested that the Department of Public Works keepl the Spittle Bugs under surveillance and apprise Council.. The City Attorney presented, explained the content and read the title of Resolution No. 3287, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, C"~1FORNIA, RECOGNIZING THE PUBLIC SERVICE OF FRANK G. BONELLI." Said resolution is to be forwarded in time to be presented to Supervisor Bonelli at the testimonial dinner given in his behalf on August 17, 1960. Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3287 be waived: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse 12. 8-2-60 (Resolution No. 3287 - Continued) 5080 Councilman Reibold further moved that Resolution No. 3287 be adopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Butterworth, Reibold, Phillips, Balser NOES: None ABSENT: Mayor Camphouse STREET ~t/ The City Council voiced their concurrence with the City Manager's DEPARTMENT~ f suggestion that specifications for new street equipment for the Department EQUIPMENT2~D~~ of Public Works specify the standard color (orange) rather than a special COLOR -lED color because of the price differential. I MUTUAL AID CITIES (Phillips) PLANNING COMMISSION (Stout) ADJOURNMENT I Councilman Phillips advised that he had attended the recent meeting of the Charter Committee of Mutual Aid Cities of Los Angeles County, and requested the City Manager to reproduce and circulate material he had gathered on the meeting to the members of the Council. Upon information received from the City Clerk Mayor Pro Tempore Balser requested that the scroll for Mr. E. F. Stout, recently resigned from the Planning Commission, be presented to him on August 23, 1960, at which time Mr. Stout would be attending the Planning Commission meeting, and that Councilman Butterworth act on behalf of the Council in presenting same. Mayor Pro Tempore Balser ordered the meeting adjourned at 11:10 P.M. Md~~ ATTEST: ~/~~A?5?AM>~ City Clerk 13. 8- 2-60