HomeMy WebLinkAboutNOVEMBER 15,1960
1''''''An''
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
(11-1-60)
HEARING
(R & L Adv.
Co, -
Continued)
3 '7'19
5165
M I N \l T E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
NOVEMBER 15, 1960
The Cicy 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., November 15,1960.
The Invocation was offered by Rev. A. Leonard Gilmour, Pastor of the
Arcadia Friends Church.
Mayor Camphouse led in the pledge of allegiance to the flag.
PRESENt:
ABSENT:
Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
None
Motion by Councilman Reibold, seconded by Councilman Phillips and carried
unanimously that the Council Minutes of the Regular Meeting of November
1, 1960 as submitted in writing be approved.
(Continued): Application of Henry C. Gossenberger, representing the
Rand L Advertising Agency, Covina, California, for a business permit to
allow him to solicit business firms in Arcadia for advertising to be
placed in coupon books to be sold via telephone to residents of Arcadia.
Said hearing was continued on November 1, 1960 to enable the applicant
to forward to the City a statement showing.compliance with the provisions
of Sec,ions 17700 and 17701 of the Business and Professions Code under
which he purports to qualify, and also a copy of the contract proposed to
be executed between his company and the merchant.
IND]OCEr1he Ci'y Manager reported that in response to a communication he had sent
to approximately 23 merchants responsible for the 47 coupons contained
in the coupon book as to their attitude, he had received both favorable
and unfavorable replies.
I
The City Attorney advised that the applicant had not complied with the
request for a copy of the contract mentioned above, but that a letter had
been received from applicant's attorney regarding sections 17700 and 17701
which in his opinion did not clearly show that applicant's operation
complies with such sections.
The City Attorney added that he had received a copy of an opinion of the
Attorney General of California indicating that this tYp'e of operation does
violate such sections. Also that he had noticed in the newspapers a few
weeks ago that the District Attorney of Riverside County declared his
intention to prosecute coupon dealers under said sections, and that in the
opinion of one deputy officer in this area this type of operation might
violate such sections.
To Mayor Camphouse's inquiry as to whether the applicant desired to
address the Council, Mr. Grebb, the owner of the R & L Advertising Agency,
stated in substance that his attorney was to have submitted the contract
and that he could still do so if Council so desired; that the newspaper
article about Riverside County did not refer to his company, the company
in question not operating in the same manner as his company; that in his
1.
11-15-60
5166
(Hearing -
R & L Advt,)
./7</1
INDEXEU
operation everyone benefits, both the merchant and the local people and that
his company has been licensed in Southern California since June, That his
book is sold to the public by telephone solicitationand delivered to
resident's home by their messenger,
In answer to Councilman Butterworth's question as to whether the merchant
himself sells the coupon book Mr. Grebb answered that he did not.
Councilman Butterworth then stated that the City Attorney had advised that
the Attorney General of California has indicated in an opinion dated April
20, 1950 that the merchant himself must be the issuer of the coupons in
order to avoid a violation of Section 17701 of the Business and Professions
Code and that this leaves the Council with no choice in the matter.
I
The City Attorney pointed to a technical distinction in that the permit
sought is to solicit advertising for the coupon book and not to sell the
coupon book; that this is a forerunner of what will doubtless occur later
over which the City will have little control as solicitation for the sale
of the book will be made entirely by telephone. That with respect to the
merchant or the agency being the issuer of the coupons, the aforementioned
letter from applicant's attorney stated that the R & L Advertising Agency
is not the issuer but that rather the individual merchant himself which, in
his opinion, contradicts the statement made by Mr, Grebb, Mr, Grebb then
asserted that all the merchants that appear in the book are under agreement
with his company and state that they will honor the certificate when it
comes in; also that they grant his company permission to use their name.
The City Attorney then read a passage from the Attorney General's
opinion as follows:
"Q: Does the distribution of redeemable coupons ., of the merchants by
their agents and advertising agency violate the provisions of sect~on
17701 of the Business and Professions Code which requires that the
specified exchanging or redeeming person be the issuer of the coupon?
Conclusion: Such an arrangement violates Section 17701 of the Business
and Professions Code since the advertising agency is the issuer of the
coupons contrary to the statute."
The City Attorney continued that with reference to the application, if the
Council concludes that this application should be denied upon the basis
that the granting of the permit and the conduct of the business for which
a permit is sought would be injurious and detrimental to the public peace
and the welfare of the City, the decision would be predicated upon not only
the apparent non-compliance with the Business and Professions Code but
would be supported by the testimony presented at the last hearing relative
to the impact upon the individual merchants if all the coupons were
redeemed.
There being no one else desiring to address the Council, Councilman
Butterworth moved that the hearing be closed. Councilman Phillips
seconded the motion which was carried unanimously.
I
Councilman Butterworth further moved that the application of Henry C.
Gossenb~rger, representing the Rand L Advertising Agency for a business
permit to allow him to solicit business firms in Arcadia for advertising
to be placed in coupon books to be sold via telephone to residents of
Arcadia be denied, the Council finding and determining that the granting
of the permit and the conduct of the business for which a permit is
sought would be injurious and detrimental to the public peace and the
welfare of the City, Councilman Reibold seconded the motion which was
carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse
NOES: None
ABSENT: None
2.
11-15-60
I
I
HEARING
(Hinshaw's)
37.n
5167
Mayor camphouse declared the hearing open on the application of Elrovia.
Corporation and Hinshaw's Department Store, as lessee, for a zone variance
to allow the construction of a customer service building and annex at the
rear of property located at 1429 South Baldwin Avenue (Planning Commission
Resolution No. 386 recommending approval),
The Director of Public Works displayed and explained a map outlining the
land use in the vicinity of Hinshaw's proposed customer annex,
The City Clerk read two communications, one dated November 15, 1960 from
Paul Burkholder, 750 W. Naomi Avenue and one from Elizabeth K. Douglas,
800 West Naomi Avenue dated November 14, 1960, stating in substance that
they favored granting the zone variance.
Mayor Camphouse then inquired if anyone in the audience desired to address
the Council either in favor of or in opposition to the requested zone
variance, and the following persons addressed the Council:
INDli:XF-D
Mr. Donald G. Ehr, representing the applicant, stated in part that he
thought the situation was well covered in Planning Commission Resolution
No, 386 and in applicant's communication of October 21, 1960 read at the
Council meeting of November 1, 1960, adding, however, that the applicant
did question Planning Commission's recommendation for both a six foot block
wall around the property line adjacent to the building on the north, west
and south sides of the building and the area between the building and t~e
wall being landscaped. That it had been the intent of the applicant to
maintain the fencing now existing in the areas in question and to landscape
the areas around the building; that no openings on these three sides would
make a block wall unnecessary and locked gates would prevent access to '
these areas; however, if a block wall is required that the landscaping
stipulation should be removed,
Mr. Ehr then answered questions of the Council with regard to time
limitation as to hours of operation and as to alleged noise in the
operation of the building, stating in part that it had been applicant's
intention to have the building used for sales and service purposes geared
to the store hours; .that receiving hours of 8 :00 to 5 :30 would be posted
on the building; that during the busy times of the year a marking room
crew would be working in the back of the building, which should not be
particularly noisy; that the only possible noise would be from their own
trucks going to and from the warehouse to the store; that noise issuing
from the building during the daytime would be nil and the only noise would
be from trucks and traffic in the parking lot,
Mrs, Genevieve C. Espinoza, 756 W. Naomi, stated in substance that she
favored the proposed construction.
Dr, Henry F. Cordelius, 747 West Camino Real Avenue stated in part that he
was not opposed to the construction of the proposed building if a wall is
erected, as such a wall would to some degree cut down the noise; also that
he would like access from his property to the shopping area but would not
sacrifice such access for a wall.
Mr. A. H. Stevens, 741 West Camino Real Avenue stated in part that he
opposed the construction of the proposed building as he felt it would be
a warehouse in a residential area, but .that if the Council did determine
to approve the application for the building he hoped a wall would be
stipulated.
There being no one else desiring to address the Council, upon motion of
Councilman Butterworth, seconded by Councilman Phillips and carried
unanimously the hearing was closed.
After e~tensive discussion and deliberation by the Council regarding the
recommended wall and planting, the access openings and noise factors, and
the hours of operation, Councilman Butterworth moved that the Council accept
3.
ll-15-60
5168
(Hearing -
Hinshaw's
Continued)
J7rl
I~DEXED
ANNUAL AUDIT
REPORT
J"' 1vf..dJ'
f).~-
InDEXED
ZONE CHANGE
(Arlinic)
LOT SPLIT
(Tentative)
..1 '/ ,- 'I
the recommendations as contained in Planning Commission Resolution No. 386
with the following modifications:
Page 3, subdivision b: the words "of the building inserted at the end
of the line;
Page 3, subdivision c: the words "and retumed to the building at the
northeast and southeast corners" be stricl<;en;
Page 3, subdivision d: stricken in its entirety;
Page 3, subdivision f: insert after the words "That the delivery of
goods" the words "by vendors or common carriers" and the words "and
from" be stricken; and
I
as .thus amended that the zone variance application of Elrovia Corporation
and Hinshaw's Department Store, as lessee, to allow the construction of
a customer service building and annex at the rear of property located at
1429 South Baldwin Avenue be granted, the City Attorney to prepare a
resolution accordingly.
After further discussion by the Council, and the above motion meeting its
approval, Councilman Reibold seconded the motion which was carried on roll
call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Mayor Camphouse stated that the Council has received copies of the audit
report from Lybrand, Ross Bros.. 6. Montgomery, employed by the Council
relative to the annual audit. He then presented to the City Clerk copy
of said audit to be placed on file as required by ordinance and also
presented the City Manager with copies to be distributed to the staff.
In addition he read a communication from said auditors dated November 9,
1960, commenting that at this time the Council do not feel it is feasible
to go to the added expense of working out a fixed assets accounting system,
and added that he desired the Council to consider the appointment of
auditors for the next fiscal year.
Planning Commission Resolution No. 390 recommending approval of appli-
cation of Arlinic Properties for change of zone from PR-3 to C-2 on the
rear portions of 1104 and 1108 South Baldwin Avenue, requiring a public
hearing, Councilman Phillips moved that the hearing be scheduled for
December 6, 1960 at 8:00 o'clock P.M, Councilman Balser seconded the
motion which was carried unanimously.
No. 315 - Arcadia Parking, Inc., 1113 South Baldwin Avenue
Motion by Councilman Reibold, seconded by Councilman Balser and carried
unanimously that Council accept the recommendation of the Planning
Commission and indicate its intention to approve Lot Split No. 315 -
Arcadia Parking, Inc., 1113 South Baldwin Avenue upon compliance with
the following conditions:
I
l. File a final map with the City Engineer.
2. Dedicate 20 feet for widening Baldwin Avenue and 12 feet for widening
Duarte Road.
3. Pay $25.00 recreation fee.
4. File a covenant stipulating that parcel 2 will not be used as a
building site.
LOT SPLITS~79/ No. 309 - John M. Conover, 1110 South Tenth Avenue
(Final) ,c.~.r..2, No. 310 - Max Leinfelder, 2331 South Second Avenue
!J[DE~~ Motion by Councilman Phillips, seconded by Councilman Reibold and carried
InDEXED
4.
11-l5-60
(Lot Splits -
Continued)
TRACT
No. 26114
11
./
'151,
5169
unanimously that Council accept the recommendation of the Director of
Public Works and the Planning Secretary and that final approval be
granted the lot splits as set forth above, as all conditions imposed
have now been met.
Los~ted on Mayflower' Avenue, north of Camino Real Avenue. The majority
of the tract is located in County territory. A portion of lot 4 is within
the City of Arcadia. The subdivider has requested that this small portion
be deannexed so that the entire tract will be in the County. Planning
Commission recommended approval of the deannexation, subject to the filing
of a legal description approved by the Boundary Commission; said approved
description on file in Planning Department. Prior to the subdivider ,.
purchasing the property he requests tentative approval of the Council as
to the deannexation.
The Director of Public Works displayed a map showing the affected
in color, the remaining portions of the affected lots meeting all
!NDEXEDments as to lot depth and area.
STREET NAME
CHANGE
(Huntington
Place to
Campus Drive)
portion
require-
Councilman Balser moved that Council approve the tentative map of Tract
No. 26114 and indicate its willingness to deannex the property indicated
on the map by appropriate proceedings. Councilman Phillips seconded the
motion which was carried on roll call vote as follows:
.AYES: Councilmen Balser, Butterworth, Reibold, Phillips, camphouse
NOES: None
ABSENT: None
Recommendation of the Planning Commission that the name of Huntington
Place be changed to Campus Drive.
.The City Clerk read a telegram dated November 15, 1960 from Dr. J. Paul
Geare, 539 So. Glendora Avenue, Glendora, california, owner of property
at 300 Huntington Place, protesting the proposed change.
At Mayor Camphouse's request Mr. Ervin H. Golisch, liaison between the
Planning Commission and the Council, commented that the Planning Commission
had considered this in connection with the changing of the name of
Huntington Boulevard to Huntington Drive; that of the numerous names
submitted the Commission had favored Campus Drive due to its direct relation
to the High School which, excepting the County park, occupies the majority
of the frontage.
INDEXED
Motion by Councilman Balser, seconded by Councilman Butterworth and
carried unanimously that Council indicate its approval of the recommendation
of the Planning Commission and authorize the change of the name of Huntington
Place to Campus Drive.
(( M:.~.4
(f} c;~
ZONE VARIANCE
I
ZONING
(Portion of
Annex. 15)
ZONE VARIANCE
(Schoof)
Mayor Camphouse declared that since no action can be taken until time for.
appeal elapses (November 19, 1960) Planning Commission Resolution No. 392
recommending the granting of a zone variance to allow additions and
alterations to non-conforming buildings on the north side of Huntington
Drive between Santa Anita Avenue and First Avenue will be held over until
the appeal period has passed.
Motion by Councilman Phillips, seconded by Councilman Butterworth and
carried unanimously that. a public hearing be scheduled for November 30
1960 at 7:30 P,M, regarding zoning of a portion of Annexation No. 15. '
Mayor Camphouse declared that since no action can be taken until time for
appeal elapses (November 19, 1960) Planning Commission Resolution No. 395
recommending granting of zone variance to permit second dwelling at 1218
South Second Avenue will be held over until the appeal period has passed.
5.
11-15-60
5170
COMPLETION
OF WORK
(1960-61
Street
.Improvement)
.1 7~:V
INDEXED
COMPLETION
OF WORK ,
(Highland
Oaks
Improvement)
:f (, ",'~
INDEXED
TRACT
No. 21618
(Final)
'} 5ff'V
iUmEXED
SOUTHWEST
ARCADIA
(Rezoning
Live Oak)
(h 'r'?
v
:INDEXED
DUARTE ROAD
WIDENING
(Acquisition
of Right of
Way)
{p" J,&, .
-1V~/i"1
lNDEXED
APPROPRIATION
FOR THOROUGH-
BRED RACING
SEASON
,
~:~
f:!;:NDEXED
Motion by Councilman Butterworth, seconded by Councilman Balser and carried
on roll call vote as follows that Council approve the recommendation of
the City Manager and the Director of Public Works, accept for maintenance
. the work of the Griffith Company, contractors for the 1960-6l Street
'.Improvement Project No. 53 (resurfacing of various city streets) as
. 'satisfactorily completed, and authorize final payment to be made in
accordance with the contract documents, and the bond released after the
expiration of the required 35 days:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABS~NT : None
.. I
Motion by Councilman Reibold, seconded by Councilman Phillips and carried
on roll call vote as follows that Council approve the recommendation of the
City Manager and the Director of Public WOrks, accept for maintenance the
work of the Griffith Company, contractors for the improvement of Highland
Oaks Avenue, Job No. 256,as satisfactorily completed, and authorize final
payment be made in accordance with the contract documents, and the bond
released after the expiration of the required 35 days:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABS~NT: None
Located on Greenfield Avenue north of pamela Road.
Motion by Councilman Phillips, seconded by Councilman Balser and carried
unanimously that Council accept the recommendation of the City Manager,
the Director of Public Works and the Water Superintendent and that the
City accept the improvements in Tract No. 21618 for maintenance and the
surety bond deposited by the subdivider be released.
The City Manager advised that with regard to the inquiry dated October 31,
1960 from Mrs. J. W. Erickson, owner of property at 481 West Live Oak
Avenue, wherein she protested that no action had been taken on the request
of the property owners of the southwest area of Live Oak Avenue to change
back to R-3 the property which had been rezoned approximately 3 years ago
to &-1, that the Planning Secretary advised that ,to his knowledge the
location in question has .been in Zone R-l for at least 20 years; that no
application for a zone change has been made, nor a request to discuss the
matter with the Planning Commission; that in his opinion the only change
that has affected her property is the change of requirements in Zone R-l
which are presently more restrictive.
Mayor Camphouse requested that the information contained in said report
of the Planning Secretary be transmitted to Mrs. Erickson and that she
make application to. the Planning Commission if she has any requests for
rezoning; however, that the area being in an R-l district is'not
conducive to a:n:;R~:l:!.IlIU;Ltiple"dwel~ing area~
Councilman Reibold moved that the Council accept the recommendation of the
City Manager and authorize the acceptance of the conditions set forth by
Mr. Joseph Li Causi in agreeing to dedicate the south ten feet of his
property located at 11-19 West Duarte Road, to wit: that the City will
install curb and gutter, provide new drive approaches, relocate any
structures necessary, replace. the necessary sidewalks and pave the newly
widened portion at no expense to Mr. Li Causi in return for his
dedicating,without cost to the City of Arcadia the south ten feet of
the property owned by him at 11-19 West Duarte Road for the purpose
of widening DuartecRo4d. Councilman Phillips seconded the motion which
was carried unanimously.
I
Motion by Councilman Phillips, seconded by Councilman Reibold and carried
on roll call vote as follows that Council accept the recommendation of the
City Manager and authorize the transfer of $64,200.00 from Unappropriated
6.
ll-15-60
(Thorough-
bred Racing
Meet
Appropriation
Continued)
ORDINANCE
No. ll06
(Introduced)
I
(J....u
>'
.,;r'!D~'--D
:.,L.J.' ,,!,:,..lr..J..I
RENTAL
(2828 So.
Baldwin Ave.)
5171
Surplus Account No. 290 in the General Fund to Police Account No. 421-3a
for the purpose of providing extra police services to handle the traffic.
connected with the Los Angeles Turf Club 55-day Thoroughbred Racing Season
'at Santa Anita Park opening December 26, 1960:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphous~ ,
NOES: None
ABSENT: None
The City Manager advised that the State Legislature has amended the Penal
Code to provide for the levying of a 5% assessment on every fine, penalty
and forfeiture imposed and collected by any court for a criminal offense
for the purpose of establishing standards and training of police officers,
and that it is recommended that an ordinance be adopted wherein the City.
could participate in such program.
It being the consensus of the Council that the recommendation from the
City Manager and the Chief of Police for the City to participate in the
aid provided for peace officers' training be accepted,the City Attorney
presented, explained the content and read the title of Ordinance No. ll06,
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, ADDING A NEW PART 3 TO CHAPTER 3 OF ARTICLE II OF THE ARCADIA
MUNIC IPAL CODE."
Motion by Councilman Balser, seconded by Councilman Phillips and carried
on roll call vote as follows that the reading of the full body of
Ordinance No. 1106 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips,Camphouse
NOES: None
ABSENT: None
Councilman Balser further moved that Ordinance No. 1106 be introduced.
Councilman Phillips seconded the motion which was carried on roll call
vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Recommendation of the City Manager that Council authorize the rental of
2828 South Baldwin Avenue (property purchased by the City for the purpose
of improving the water system by the location of an additional well in .
the southwest portion of the City) to a City employee who would understand
the necessity of the City entering the property at any hour of the day
or night, particularly an employee of the Water Department whose occupancy
of the premises would reduce the overtime for the Water Department during
well construction, on a month to month basis of $90.00 per month.
Motion by Councilman Butterworth, seconded by Councilman Phillips and
~arried on roll call vote as follows that Council accept the recommen-
J' / b '7 dation of the City Manager and that he be authorized to rent the premises
~o at 2828 South Baldwin Avenue to a City employee, upon the understanding
that the necessary City employees be permitted to enter the property at
INDEXED any hour of the day or night, upon a month to montl. rental of $90.00 per
month, and that the usual appropriate provisions contained in any of the
City's other rental leases be included, including a clause disclosing
the employer-employee relationship:
I
AYES: . Councilmen Balser, Butterworth, Reibold, Phillips, camphouse
NOES: None
ABSENT: None
7.
11-15- 60
5172
REFUND
(Kendall )
.1
'7 j~O
INDEXED
ORDINANCE
No. ll02
(Reintroduced)
ORDINANCE
No. 1105
(Adopted)
~
1.l.:"':'~:~.1J
STUDENTS
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 refund the sum of $11.75 to Grant A. Kendall, 101 East Huntington Drive,
Arcadia, being the unused portion of the investigation .fee ,deposited in
connection with his application for a business permit:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
The City Attorney stated that the adoption of Ordinance No. ll02 had been
held up pending the receipt of the covenant of the owner regarding the
use of the property described therein and an adjacent piece as required
by the Council;.that the Arcadia Municipal Code had been adopted in the
interim. He recommended that said Ordinance No. 1102.as introduced be
amended by references .:therein from Zoning Ordinance No. 760 and as thus
amended be reintroduced. He then presented and read the title of
Ordinance No. 1102, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN REAL PROPERTY
LOCATED AT 2515 SOUTH SIXTH AVENUE IN ZONE R-3," revised as above
outlined by him.
I
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. ll02 as thus revised be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Councilman Phillips further moved that Ordinance ,No...,1l02 as thus revised
be reintroduced. Councilman Reibold seconded the motion which was carried
on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
The City Attorney presented for the second time, explained the content and
read the title of Ordinance No. ll05, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9l22, 9l22.2,
9122.3.3, 9122.3.4 AND 9122.4 OF THE ARCADIA MUNICIPAL CODE AND ADDING
THERETO NEW SECTIONS 9122.5.1, 9122.6, 9122.6.1, 9122.6.2, 9122.6.3, 9122.6.4,
9122.6.5, 9122.7 AND 9122.8."
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. 1105 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
I
Councilman Reibold further moved that Ordinance No. 1105 be adopted.
Motion seconded by Councilman Phillips and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Mayor Camphouse explained to the students in the audience Councilmanic
procedure regarding introduction and adoption of resolutions and
ordinances.
8.
11-15-60
ORDINANCE
No. 1108
(Introduced)
I
ORDINANCE
No, ll07
(Introduced)
:1.
,
. ,
I
ANNEXATION
No, 14
(Resolutions
Nos. .3314,
3315. IX 3316,
Baldwin Ave.
Zoning)
RESOLUTION
No, 3314
jjql
5173
The City Attorney presented for the first time, explained the content and
read the title of Ordinance No, ll08, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA. MUNICIPAL
CODE BY ADDING THERETO SECTION::8130,17; ADDING A NEW SECTION 507,1 TO THE
UNIFORM BUILDING CODE, AND REPEALING ORDINANCE NO, ll03,"
Motion by Councilman Balser, seconded by Councilman Phillips and carried
on roll call vote as follows that the reading of the full body of
Ordinance No, 1108 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Campho~se
NOES: None
ABSENT: None
Councilman Balser further moved that Ordinance No, 1108 be introduced,
Motion seconded by Councilman Reibold and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
The City Attorney presented for the first time, explained the content and
read the title of Ordin.ance No, ll07, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY'OF ARCADIA, CALIFORNIA, AMENDING SECTION 6220,56 OF
THE ARCADIA MUNICIPAL CODE AND REPEALING SECTION 6220,56,1 THEREOF."
Motion by Councilman Phillips, seconded by Councilman Balser and carried
on roll call vote' as follows that the reading of the full body of
Ordinance No. 1107 be waived:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Councilman Phillips further moved that Ordinance No. 1107 be introduced.
Motion seconded by Councilman Reibold and carried on roll call vote as
follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
The City Attorney explained that in connection with Resolutions Nos. 3314,
3315 and 3316, pertaining to properties contained in Annexation No. 14,
the proposed decision of the City Council with respect to such properties
had originally been embodied in one resolution which was not formally
presented at the last Council meeting as some members of the Council
desired that it be broken into three parts so that their vote could be
respectively entered as to each portion, Accordingly he had separated
the different properties and had sent Resolutions Nos. 3314, 3315 and
3316 to the Council for perusal; that thereafter he had noted that
although reference is made to the intended use of the property, he felt
the situation would be clarified if there was added to Resolutions Nos.
3314 and 3315 additional subsections providing that except as otherwise
provided in the resolution all structures be erected and all the use of
the property in all other respects shall conform to the provisions of the
respective chapter, article and part of the zoning ordinance prescribing
regulations in the two zones, to wit Zone C-l and CoO respectively as to
the different parcels involved. He added that this would not apply to
Resolution No. 3316 as this has all the conditions spelled out and requires
no addition,
Upon receiving the approval of the Council that the zoning of the subject
properties be separated and contained in three resolutions, the City
Attorney presented and read the title of Resolution No. 3314, entitled:
>INDEXED
9,
11-l5-60
5174
(Resolu,tion
No, 3314 -
Continued)
~:J.. 'J1'" I
...... '- .
INDEXED
RESOLUTION
No, 3315
"t
:f :311
ll.'lDEXED
RESOLUTION
No. 3316
N "r. ,.
-r !: VI
'00' .
:}(y,1
JJjDEXED
"n'
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, GRANTING A
VARIANCE FOR LIMITED COMMERCIAL PURPOSES ON SPECIFIED CONDITIONS FOR THE
PROPERTY LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF BALDWIN AVENUE
AND CALL ITA STREET IN SAID CITY," and stating ,that said. resolution as now
presented had been amended by adding to Section 2 on page 3 an additional
~ubparagraph read as follows: Ue. That except as hereinabove otherwise
specifically provided, all structures erected upon and all use of the above
described property shall comply with the provisions of Division 2 of Part
6 of Chapter 2 of Article IX of the Arcadia Municipal Code," and by adding
t~ section 3 on page 4 an additional subparagraph reading as follows: "e.
Th~t except as hereinabove otherwise specifically provided, all structures
erected upon and all use of the above described property shall comply with
the provisions of Division 1 of Part 6 of Chapter 2 of Article IX of the
Arcadia Municipal Code,"
I
Whereupon Councilman Reibold moved that the reading of the full body
of Resolution No, 3314 as thus amended be waived. Councilman Phillips
seconded the motion which was carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Councilman Reibold further moved that as amended Resolution No, 3314 be
adopted. Councilman Phillips seconded the motion which was carried on
roll call vote as follows:
AYES: Councilmen Reibold, Phillips, Camphouse
NOES: Councilman Balser, Butterworth
ABSENT: None
The City Attorney presented, explained the content and read the title of
Resolution No, 3315, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING A VARIANCE FOR LIMITED COMMERCIAL
PURPOSES ON SPECIFIED CONDITIONS FOR THE PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF BALDWIN AVENUE AND CAMINO REAL IN SAID CITY," adding that this
resolution should have added to Section 2 on page 3 the following.sub-
section: "f, That except as hereinabove otherwise specifically provided
all structures erected upon and all use of the above described property
shall comply with the provisions of Division 3 of Part 6 of Chapter 2
of Article IX of the Arcadia Municipal Code."
Councilman Phillips moved that the reading of the full body of Resolution
No. 3315 as thua amended be waived. Councilman Balser seconded the motion
which was carried on roll call vote as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse
NOES: None
ABSENT: None
Councilman Phillips further moved that as thus amended Resolution No. 3315
be adopted. Councilman Balser seconded the motion which was carried on
roll call vote as follows:
I
AYES: Councilmen Balser, Reibold, Phillips, Camphouse
NOES: Councilman Butterworth
ABSENT: None
The City Attorney presented, explained the content and read the title of
Resolution No, 3316, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING A VARIANCE AND/OR SPECIAL USE PERMIT
FOR A CONVALESCENT HOME AT 1601-1609 SOUTH BALDWIN AVENUE IN SAID CITY."
Councilman Butterworth moved that the reading of the full body of Resolution
No, 3316 be waived, Councilman Reibold seconded the motion which was carried
on roll call vote .as follows:
lO,
11-l5-60
5175
(Resolution
No. 3316 -
Continued)
AYES: Councilmen Balser, Butterworth,Reibold, Phillips; camphouse
NOES: None
ABSENT: None
Councilman Butterworth further moved that Resolution. No. 3316 be adopted.
Councilman Balser seconded the motion which was carried on roll call vote
as follows:
AYES: Councilmen Balser, Butterworth, Reibold, Phillips
NOES: Mayor Camphouse
ABSENT: None
I AUD.IENCE PARTICIPATION
COOPERATIVE Mr. Lem Ward, 22 West Live Oak Avenue, addressed the Council, stating
APARTMENTS that.escrow requirements necessitated an indication of the Council that
DEVELOPMENT the plans for the proposed cooperative apartment development on Huntington
(Lem Ward) Drive east of Baldwin Avenue were satisfactory.
. .
A general discussion followed. The City Attorney commented that this
purpose might be accomplished by the Council indicating at this time the
degree of finality to which the plans have to be processed before the
Council will approve them. He added that Ordinance No. 1108, introduced
earlier this evening, is silent as to the degree of finality of plans
required in any particular case, but that in a situation which the Council
has explored to the extent it has this one, only plot plans, floor plans,
elevation plans and a general description of the materials of construction
might be sufficient to enable the Council to pass on the matter without
setting a precedent as to the detail the Council may require in some
future application. He continued that he was not certain that the Council
had before it sufficient detail to indicate any more than that, and that
technical approval under Ordinance No. 1108 could not be formally given,
until said ordinance becomes effective in approximately six weeks.
~ 4rCF?
The City Manager stated that he believed at the last Council meeting a
INDEXED preliminary plot plan, showing a floor plan for one of the units, had
been presented; also that there had been submitted staff reports which
were the basis for moving ahead.
That portion of the minutes of November 1, 1960 pertaining to this matter
were then read by Councilman Balser and the City Attorney stated that the.
motion in said minutes was not an approval of the plans that were submitted.
He. then suggested that if the staff reports were deemed adequate the Council
could indicate that said staff reports and the plot plans meet the standards
set forth in Ordinance No. 1108.
Councilman Reibold stated that it had been his intent in essence to
approve Mr. Ward's proposal so long as the development was constructed in
accordance with his presentation.
I
Whereupon Councilman Reibold moved, seconded by Councilman Phillips and
carried unanimously that it is the consensus of the Council, based upon
staff reports, that ~he plans for the development of Lots 7, 8, 9 and 10
of Tract No. 2828, as submitted by Mr. Lem Ward, meets the standards set
forth in Ordinance No. ll08.
LIBRARY
The City Manager reported that a copy of the Stipulation for Interlocutory
Judgment of Condemnation and a copy of the Interlocutory Decree of
Condemnation has been received in connection with the condemnation proceed-
ings instituted by the City on the Texaco property abutting the new library
site; that Mr. Leslie C. Tupper, of the law firm of Lawler, Felix & Hall,
the attorneys representing the City in the matter, has advised that as
soon as the stipulation is executed by all the parties involved and the
Court signs the decree the City will submit the check to the parties
involved.
!If 7~
. .
INDEXEr
11.
ll-15-60
5176
LOT SPLIT
No. 306
(Final)
~V:j. 7...." -K"
INDEXED
OPTIMIST
CIRCUS
a:'Ift:1' ~
AlA n~. .~
~~~
INDEXED
CODIFICATION
OF POLICY
RESOLUTIONS
(Butterworth)
COUNTY GAS
TAX REPORT
(Balser)
,t!X>"
~
INDEXED
LEAGUE OF
CALIFORNIA
CITIES
CONFERENCE
(Balser)
MUTUAL AID
CITIES
(Phillips)
DUARTE ROAD
ZONING
(Reibold)
Motion by Councilman Phillips, seconded by Councilman Reibold and carried
unanimously that Council accept the recommendation of the Planning
Technician and that final approval be granted Lot Split No. 306 -
William C. Jahn, 321 Eldorado Street as all conditions imposed have now
been fulfilled, except the installation of the sewer line; that the
owners have instructed the United States National Bank to withhold $610.00
for the purpose of paying for the sewer installation.
Motion by Councilman Reibold, seconded by Councilman Butterworth and
carried on roll call vote as follows that Council grant the request of
the Arcadia Optimist Club to hang street banners advertising their
circus to be held November 26, 1960 in the National Guard Armory, for
which event permission was granted by the Council on November 1, 1960;
one banner to be hung across Huntington Drive in the business section of
Arcadia and one across South Baldwin Avenue in the West Arcadia business
section:
I
AYES: Councilmen Balser, Butterworth, Reibold, Phillips
NOES: Mayor camphouse
ABSENT: None
To Councilman Butterworth's inquiry as to the status of his request for
a codification of the policy resolutions of the City, the City Manager
advised that work has been commenced on this project approximately a week
ago; that it is a lengthy chore inasmuch as some of 'such '.resolut~ons ;date
back many years.
Councilman Balser, as council's representative on the Board of Directors
of the Los Angeles County Division of the League of California Cities,
reported on the action taken by that body regarding a recommended formula
for distribution of County Gas Tax money to cities in the County. He also
submitted to the Council data dealing with the subject matter, and
recommended that the Council review the material prior to the next Council
meeting so that action might be taken at that time.
The City Manager pointed out that although this matter had been reviewed
by representatives of the League, the Board of Directors and a great many
municipalities that Councilman Balser was the only one who caught an
error in the resolution.
Motion by Councilman Reibold, seconded by Councilman Phillips and carried
on roll call vote as follows thatCouncil approve the expense account in
the amount of $16.97 tendered by Councilman Balser in connection with his
attendance at the League of California Cities Conference held in Los
Angeles October 23 to 26, 1960:
AYES: Councilmen Butterworth, Reibold, Phillips, camphouse
ABSTAINED: Counc ilman Balser
NOES: None
ABSENT: None
I
Councilman Phillips advised that he would have mimeographed and submitted
to the Council a communication from Milo Delman regarding the amended
by-laws of the Mutual Aid Cities.
Councilman Reibold advised that numerous queries have been received
regarding the zoning problem on Duarte Road between Holly Avenue and
the existing business zones to the west. He suggested that Councilman
Butterworth, Council's liaison with the Planning Commission and Mr.
Ervin H. Golisch, Planning Commission's liaison with the Council, convey
to the Planning Commission Council's feeling that everything possible
should be done to expedite the conclusion of the proceedings that relate
to the various zoning problems on Duarte Road. The City Manager advised
that the matter is on the agenda of the Planning Commission for its
meeting of November 22, 1960 and Councilman Reibold retorted that he
suggested it not only be on the agenda but that a conclusion be reached.
Councilmen Balser, Phillips and Mayor camphouse stated that they agreed.
12.
11-15-60
WATER
(Camp house )
I
ADJOURNMENT
I
5177
Mayor Camphouse extended to Councilman Reibold the congratulations of the
Council upon his election to the Executive Committee of the Upper San
Gabriel Valley Water Association.
Mayor camphouse commented that inasmuch as the City's Boards and Commis-
sions are appointed and serve in an advisory capacity to the Council,
that he felt communications emanating from them to other groups should
be channeled through the Council.
Mayor Camphouse also suggested that thought be given and discussion had
with the Water Board relative to securing more technical and scientific
data regarding the water problem; that he had learned from the Water
Superintendent that supplemental water would be needed in the San Gabriel
Valley long before the contemplated 15-year period and that he was
perturbed about the fact that the construction of the Oroville project
was not anticipated for 15 years; that all ways and means should be
checked regarding reclamation of salt water and other methods. Also that
he was concerned over the City having adopted a resolution sent to the
Board of supervisors asking them to proceed with the Whittier Narrows
sewage reclamation project, which now appears to have dwindled to a pilot
operation.
Councilman Reibold moved
P.M. November 30, 1960.
was carried unanimously.
at 10:25 P.M. that the meeting adjourn to 7:30
Councilman Phillips seconded the motion which
ATTEST:
C1l~'p,Jk~
City Clerk -
,
.~/~
(
13.
ll-15-60