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HomeMy WebLinkAboutMARCH 7,1961 ~~n" PLEDGE OF ~EGIANCE ROLL CALL APPROVAL OF MINUTES (2-21-61) HEARING (Wheeler & Others) 13:5276 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH 7, 1961 The City Council of the City of Arcadia met in regular session in the Counc~l Chamber of the City Hall at 8:00 o'clock P.M., March 7, 1961, The Invocation was offered by Councilman Balser. Mayor Camphouse led in the pledge of allegiance to the flag. PRESENT: Councilmen Balser, Butter~orth,'Reibold, Phi~lips, Camphouse Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the minutes of the Re'gular Meeting of February 21, 1961 as submitted in writing be approved. Mayor Camphouse declared the hearing open on Planning Commission Resolution No. 402 recommending denial of request of D. C. Wheeler, Jr., and others, as owners, for a change of zone from R-l to R-3 of a portion of property located on the south side of Sycamore Avenue east of Second Avenue. rt The Director of Public Works displayed a map of the area and explained '" G~ ~ that five of the subject lots facing on that portion of Sycamore Avenue already dedicated for street purposes have heretofore been divided with INDEXED only driveway access to the rear portion; that two of the subject lots face on an undedicated portion of Sycamore Avenue; and three face on a narrow private roadway extending north from Foothill Boulevard; that all of the building sites except four are now developed with single family homes and that the available building sites are all at the rear of lots with no street frontage. 1 The City Clerk advised that no communications reg4rding the matter had been received. No one in the audience responded to Mayor Camphouse's invitation to speak either in favor of or in opposition to the recommendation of the Planning Commission, Mr. Ervin H. Golisch, Planning Commission's liaison to the Council, commented that the Planning Commission had considered the application carefully and had unanimously recommended denial for various reasons; among them being that they did not favor opening up a new area to multi-family construction in a single family residential neighborhood. He also reiterated Planning Commission's reasoning as contained in its Resolution No. 402, and the fact that the lots in question are deep and would have Zone R-l in the front and R-3 in the rear. Councilman Phillips then moved that the hearing be closed. Motion seconded by Councilman Balser and carried unanimously. C~uncilman Phillips stated that on the basis of the arguments presented by, the Planning Commission as reiterated by Planning Commissioner Golisch, which coincide with his personal sentiments in the matter, he moved that the Council accept the recommendation of the Planning Commission as contained 1. 3-7-61 (llearing - Wheeler & & Others) HEARING (Vacation & Abandonment) HEARING (Live Oak - Curb & Gutter Construction) :J "773 !l:NDEXED 13:5277 in its Resolution No. 402 and deny the request of D. C. Wheeler, Jr. and others, as owners, ,for a change of zone from R-l to R-3 of a portion of property located on 'the south side of Sycamore Avenue east of Second Avenue~ 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 matter of the hearing on (a) Vacation and Abandonment of the first alley east of Baldwin Avenue (Resolution No. 3349): and (b) the vacation and abandonment of the first alley south of LaPorte Street (Resolution No. 3351) was deferred for further publication. 1 Mayor Camphouse declared the hearing open on the matter of the construction of curb and gutter on property fronting on a portion of the northerly side of Live Oak Avenue between El Monte Avenue and Las Tunas Drive. The Director of Public Works explained that as a result of the lack of curb and gutter in front of the subject property a drainage problem exists which is impossible to overcome unless such curb and gutter is constructed: that many efforts have been made to contact and enlist the assistance of the owners of the subject property but without success. He continued that notice to construct such curb and gutter has been posted as well as mailed to the owners of the subject property as required by the Street and Highways Code and that as stated in the notice, said property owners have sixty days after the giving of the notice within which to commence and prosecute to completion such construction; that if not so done the Superintendent of Streets thereafter shall cause the construction to be done and the cost of same shall be a lien on the property, and that the Council adopted a Resolution of Intention with regard thereto some time ago. To Mayor Camphouse's inquiry as to whether anyone in the audience desired to protest or object to the aforementioned construction, Mr. Harry Jennings, 1559 Wembly Road, San Marino, addressed the Council, advising that he was associated with the United California Bank in the Trust Department; that said bank by virtue of a trust is the legal owner of the property at 50 Las Tunas Drive upon which a Richfield Service Station is located. Mr. Jennings added ,in part that on behalf of said bank he wished to register a protest to the proposed curb construction at this time for several reasons, one being that from the standpoint of the trust they are short of ready cash; that if the construction can be made without changing the ingress and egress of the station the lessee might not object; however, if the work will change the elevation, they wished to raise the point that the City authorized the oil company to construct the station with its present driveways and elevatiOI and that he understood the proposed construction changes will necessitate the expenditure by the bank or the lessee of several thousand dollars. The Director of Public Works stated in substance that although he could not be specific at this time, the driveway to the Richfield station is quite extensive in length, probably more than the 35 feet normally established by ordinance and that unquestionably some satisfactory means can be worked out so far as allowing egress and ingress into the property; that with regard to the actual change in elevation he did not believe it could be too great and that he had no knowledge of anything that would cost several thousand dollars, as understood by Mr. Jennings. Whereupon Councilman Phillips moved, seconded by Councilman Reibold and carried unanimously, that the hearing be continued to the Council Meeting of March 21, 1961 to enable the Eng1Reering Department to confer with,the Richfield people in an effort to resolve the situation. 2. 3-7-61 HEARING (Cas s) :; 711 ~ 1 MEDICAL BLDG. (Duarte Rd.) J llmEXED 1- Cot :;) N, s, p 1 13: 5278 Mayor Camphouse declared the hearing open on the application of Robert A. Cass, residing at 155 West Norman Avenue, Arcadia, and doing business as American Motors, Monrovia, for a permit to conduct a retail sales business at 154 East Huntington Drive, Arcadia,of late model used automobiles every day from 9:00 A,M. to 9:00 P.M. In response to Mayor Camphouse's inquiry as to whether anyone desired to speak either in favor of or in opposition to the granting of the subject application, Mr. Roland Taylor, ,3139 Eddy Street, Covina, California, addressed the Council, stating that he was the manager of the applicant's business; that due to an illness in his family the applicant was unable to appear, and that he had nothing to add to the information contained in the application. No one else desiring to be heard, and none of the Councilmen desiring to question applicant's representative, Councilman Reibold moved that the hear- ing be closed. Councilman Balser seconded the motion which was carried unanimously. Councilman Reibold further moved that the Council authorize the granting of a permit to Robert A. Cass, doing business as American Motors, to conduct a retail sales business at 154 East Huntington Drive, Arcadia, of late model used automobiles every day from 9:00 A.M. to 9:00 P.M. Council- man Balser seconded the motion which was carried unanimously. The City Manager advised that a complication had arisen with regard to the medical building proposed to be constructed at 623 Duarte Road, and in particular the west half of Lot 43 6f Tract No. 3430 on the north side of Duarte Road going northerly to the projected extension of Arcadia Avenue. That the original application to the Planning Commission was made prior to the City's recent extension of Arcadia Avenue easterly from Baldwin Avenue, at which time there was inadequate access to the rear to provide ingress and egress and fire protection to the area, and the Planning Commission imposed a restriction requiring the furnishing of an easement for right of way and road purposes into and over the entire easterly 20 feet of Lot 42, Tract 3430 subject to the right of Grandvell Shumaker to the jointuse of said property. That since then Arcadia Avenue has been extended easterly and the City has acquired all of the right of way on the south side through the property in question, half of the right of way on the north and will be able to acquire the balance to extend it to the subject property. Mr. John Parker, 1605 Perkins Drive, representing the owners of the subject property, addressed the Council and stated in substance that the first mortgage holder on the subject property has to subordinate the easement to their loan on the Shumaker property, which they hesitate to do since it is of no advantage to them: however, that the easement has been granted by Grandvell Shumaker, is of record and will hold so long as he retains the property, but that the New York Life in New York City will not recognize this easement so long as the first mortgage holders on the Shumaker property do not subordinate it to their mortgage, and that the owners of the subject property desire and request the Council to release them from the require- ments of the easement. The City Manager stated further in part that he thought the revocation of the easement should be predicated upon the extension of Arcadia Avenue to the westerly line of the property and that he believed it would be the recommendation of the staff that the requirements for the 20 foot ease- ment be waived and the street improved with curb, gutter and pavement down to the westerly line of the subject property. The City Attorney reminded the Council that the Grant of Easement contains a clause that it shall not be quit claimed or released without the consent of the City of Arcadia, which consent shall not be required if Arcadia Avenue is dedicated, opened and improved as a public street to the eastern extremity of the subject property. 3. 3-7-61 (Medical Bldg. - Duarte Rolld - Continued) "z , ~ '-"'Lv INDEXED ,- , BEAUTIFICATION'OF SANTA ANITA AVE. (Bid Award - Hammer Co.) ~ '7 b~ti ,aNDEXED 13: 5279 Councilman Reibold stated in part that he did not see where the common interest would be bettered by continuing to hold the 20 foot easement; that to the contrary the general tone of the area and what could be developed there would be an advantage not only to the individual but to the':City as a whole and that he would be willing to have the City proceed as it had previously done on the extension of Arcadia Avenue and Mayor Camphouse stated that he agreed. To the comment that the extension of Arcadia Avenue should be contemperaneous with the construction of the medical building, the City Manager stated that if the Council would authorize the rescind- ing of the easement, construction of the extension of the street 1 could be commenced immediately and completed within approximately 60 days which, in his opinion, would be some time before the completion of the proposed medical building. Whereupon Councilman Reibold moved that the Council direct the staff to prepare the plans and cause the improvement of Arcadia Avenue to be extended easterly to the westerly line of Lot 43, Tract 3430. Council- man 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 the Council approve the pl11ns and plot plans for the development of the west part of Lot 43, Tract 3430 without the requirement of the 20 foot easement along the easterly side of the property west of Lot 43, and consent to the release or quit claim of the easement heretofore required. 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 Following is tabulation of bids received for the beautification of Santa Anita Avenue in accordance with plans and specifications approved by the Council on February 7, 1961: Hammer Company Valley Crest Landscaping, Moulder Bros. Roy C. Barnett Mac-Well Co. Harding's Gardenland, Inc. Pi Construction Floyd Matthews Co. E. E. Jensen $51,000.00 Inc. 51,311,.00 51,469.00 54,186.00 54,444.00 55,165.00 55,953.00 57,500.00 59,817.00 1 Engineer's Estimate 60,000.00 Motion by Councilman Balser,seconded by Councilman Phillips and carried on roll call vote as follows that Council accept the recommendation of the City Manager and Director of Public Works and that a contract for the beautification of Santa Anita Avenue from Huntington Drive to Camino Real Avenue be awarded to the Hammer Company in the amount of $51,000.00; that all other bids be rejected: that any irregularities or informalities in the bids or bidding process be waived, and that the Mayor and City Clerk be authorized to execute such contract on behalf of the City for the performance of the contract and in the amount specified, in form approved by the City Attorney: 4. 3-7-61 (Beautification Santa Anita Ave. Bid Award - Hammer - Continued) 1 WEED ABATEMENT , 1961 (Bid Award - Watts-Smith) 5- 7'7 ~ c: 77& tINDEXEb I REQUESTED ANNEXAT ION , (Live Oak) --L ..J '7.,2 () lINDEXED 13: 5280 AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips moved that since funds for this project are included in the Capital Improvements Project fund. that the Council authorize the transfer and appropriation of. the sum of $54.000,00 from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Improvement Projects Fund Account No. 207 - Santa Anita Beautification, 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 Manager advised that the only bid received for weed abatement was ,from Watts-Smith of Sepulveda, California; that the staff has reviewed ,the bid and bidder, and has contacted several cities where this, firm has performed the same type of work and has found that they have performed in accordance with the contract provisions. Following is a tabulation comparing the bid received and the low bid for 1960: 1961 1960 12.00 16,00 24,00 $4,148,00 Lot less than 7500 sq. ft, 7500 sq. ft. to 1 acre More than 1 acre (per acre) 10,00 13.00 20.00 Estimated Total $3.390.00 For rubbish removal: Truck Rental, per hour Skip loader Hand Labor 8,50 7,50 4.00 10,00 8.75 3,75 Motion by Councilman Reibo1d. seconded by Councilman Phillips and carried on roll call vote as follows that a contract for the abate- ment of weeds for the year 1961 be awarded to Watts-Smith of Sepulveda, California on the basis of the above bid: that any irregularities or informalities in the bid or the 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 in form approved by the City Attorney: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Manager read a letter from the Arcadia Chamber of Commerce Board of Directors, to which was attached a report by its Community Development Land Use Committee recommending the encouragement of annexation of the area presently in the County. east of Double Drive, south of Live Oak Avenue and north of the Rio Hondo Wash, subject to the following conditions: 1. An equitable, fair and reasonable assessment be determined and applied to each parcel of property involved whereby each shall bear a portion of the proportionate share of the present City investment. Credit should be given for the area annexed as the Live Oak Business Area (annexation No, 19), in determining this formula, This could be assessed on a long term repayment basis and be payable directly to the City of Arcadia. 5, 3-7-61 (Requested Annexation - Live Oak - Continued) !f '102,; (j lNDEXED 13: 5281 2. Zoning be established concurrent with annexation. 3. Residents of the area and of the City of Arcadia be provided with every opportunity to become thoroughly informed as to the ramifications of annexation; such as zoning, land use, restrictions, assessment mentioned in item (1) above, etc. 4. No action be considered concerning modification of school districts at this time. 5. That ultimate petitions for annexation contain approximately 75% of those eligible to vote on such a proposal. The City Manager advised that attached to the above was data preparedl by his office for Council's consideration. Mayor Camphouse announced that the Council would hear those in the audience regarding the matter, adding that since this was the third time the matter had been discussed by the Council it would be appreciated if the points brought up by representatives of the area requesting to be annexed would not be repititious and speak to the subje~t in general. The following persons addressed the Council, stating in part: Mrs. Franklin Tucker, 5131 Florinda Street, Temple City: That she was against buying in as she felt this would be a penalization of the property owners in her area; that this might be beneficial if the owners were planning to sell since this might enhance property value but that she did not plan to sell. ,Mr.. George Reddy, 11119 East Danbury St. (mailing address - South Arcadia): That he neither favored nor was opposed to the requested annexation, but that Council should consider the fact that the residents of the area,'sh!lp in the Live Oak business district recently annexed by Arcadia: also that he did not favor any override fee. Mrs. K, J~11son, 1326 South 5th Avenue, Arcadia: That she has been a resident of Arcadia for nine years and has owned property in the subject area valued at $85,000.00 for 16 years, and that in her opinion this property is comparable to any in Arcadia; also that she objected to the assessment. Mrs. H. A. Steffan, 3208 Hempsted Avenue: That she had signed to come into Arcadia but felt there should be no fee. Mr. George Dusage, 11109 East Daines Drive: That although the news. paper printed that there are about 3200 residents in the subject area, he felt that 1100 was more accurate; that Daines Drive has curb and gutter, sewers are installed, the water main is standard, etc. and I asked where the area fell short of Arcadia standards. Mr. Romano, 11115 East Lynrose Street: That he is opposed to buying in, feeling he had already done that by spending at least $1.00 a day in Arcadia, which in ten years amounted to $3650.00. Mr. Ernest Jillson, 1326 South Fifth Avenue: That it appeared to him that by annexing the area Arcadia would be straightening out its border line; and that he was opposed to any assessment. Mrs. Charles Phillips, 5548 Double Drive, Temple City: That she would like to see the Council omit item 1 in the report; that she was , opposed to any assessment and regarding the suggested assessment, she had received a letter from the Manager of the Chamber of Commerce dated September 19, 1961 stating in substance that it has never been the policy of the City of Arcadia to charge a lot fee upon annexation, and that she would withdraw as a petitioner should an assessment be made a condition of annexation. 6. 3-7-61 13:5282 (Requested Annexation - Live Oak - Continued) Mrs. Avis N. :Dykes, 5344 Double Drive: That she realized some time ago that the area would eventually be annexed to some City; that she preferred Arcadia having been dedicated to the City by using . the shopping area, the hospital, doctors, etc.: that she has' been embarrassed and intimidated by the implication of the area being substandard; that she would owe her friends and neighbors an apology if Council adopts Item No.1 of the recommendation: that she withdrew as a proponent. I' Mr. R, H. Lindberg, 11153 Danbury Street: That the area is about 12 years old and is comparable to areas in Arcadia he looked at prior to locating at the present address: that the subject area has always oriented itself to Arcadia by its purchasing, its church membership, etc. and that in his opinion the Chamber of Commerce is seeking additional financial gain by recommending an annexation fee being charged. Mr. Harry L. Conover, 5545 Florinda: That he sees in the Chamber of Commerce recommendation an endeavor to please both sides about annexation of the area; that the report refleets'that'the'area does belong to Arcadia and he would hope that Council would consider the business section recently annexed as a part of what the proposed annexation has to offer the City; that the 75% of the registered voters for the proposed petition should be given serious consider- ation inasmuch as in his opinion this is not a fair requestj that there is a great deal of interest in the outcome of the request for permission to circulate a petition. Mr. Reddy, who had spoken earlier, inquired of the City Attorney as to whether or not the suggestion that 75% of those eligible to vote be signers of the petition for annexation would supersede the annexation law. The City Attorney advised that the Government Code requires that 25% of the registered voters residing in the area sign the petition. He added that no petition may be circulated without the consent of the Council: that thereafter at various stages of the proceedings the Council may terminate the proceedings: that at the present stage of the proceedings they may state that they will not accept the petition unless it contains any percentage they desire: that the Council never loses control of the proceedings, and that all this is in accordance with the law and does not supersede it. That by requiring a certain percentage of the voters to sign the petition the Council would in effect be saying: "We will terminate the proceedings unless a specified percentage of the voters thus express their desire to annex." I. Mr. L, L, Brothwell, 2634 El Monte Avenue: That he opposed the proposed annexation fee and would rather go into Temple City or EI Monte. Mr, Charles Harding, representing the South Arcadia Business Association: That he felt annexation to Arcadia would strengthen the business and residential area, protecting it from possible' deterioration that might ensue should it be annexed to some other adjoining city where building restrictions are not as strong as those in Arcadia, and that the Association is strongly in favor of the annexation of the subject area to Arcadia. No one else desiring to speak, Mayor Camphouse asked for and received an unanimous show of hands from the audience favoring the annexation and no response to his request for a show of hands favoring an annexation charge. 7. 3-7-61 13:5283 (Requested Annexation - Continued) At Mayor Camphouse's Fequest for questions or comments from the individual Councilmen, the following statements were made: Councilman Reibold: "I have prepared a little statement here because this is something that concerns not only these people very deeply but also concerns our own people - and as we all know, we are still the Board of Directors of the City of Arcadia: "The question of whether the residents now living in the County east of Double Drive, south of Live Oak Avenue, and north of the Rio Hondo Wash should have the Council's permission to circulate a petition has I many facets that should be carefully studied. This document would do two things. First, it would determine whether the people in the subject area desired to be annexed to the City of Arcadia; and second, if the requisite number of signatures were obtained, would petition the Council to look with favor upon their annexation. "To be exmained critically in order to determine a sound course of action are to be found the following formal papers: the detailed reports of the Director of Public Works, Water Superintendent, Chief of Police, Assistant Chief of Police, and the Fire Chief; the Community Development Committee's report; the Planning Commission recommendation not to encourage; the Arcadia Chamber of Commerce recommendation to encourage subject to certain provisions; and the City Manager's letter containing general data on the annexation. "In addition to the above there are the intangibles which must be weighed before a decision is made. The effect this annexation would have on future considerations; the compatibility of values, standards, and frames of reference; the ultimate impact on school facilities; the effectthe annexation would have on real estate values are all pertinent to the determination. "In addition there are the political implications which s~ould be evaluated. For the record let me say here and now that I am not referring to partisan politics; I do not believe they have any place in this proceeding, "It is my belief, after carefully appraising all the factors involved, that Arcadia's best interest would be served by the Council denying the request to circulate the petition. "The Pianning Commission, who have no axe to grind other than the welfare of Arcadia, unanimously recommended against its..encouragement. Their conclusion was based on failure of the area to meet minimum R-l standards, to provide sufficient revenue to service the area, and to possible future complications which could develop by virtue of the area being in the El Monte School District. "While the Chamber recommended that permission be given to circulate the petition, the conditions they suggested would almost surely insure its defeat by the petitioners themselves. This, in my opinion, could establish a precedent for the future which would not be in the City's best interest. I "The department head's report states, and I quote: 'Director of Public Works: In conclusion, your Director feels the improvements in this area will take a consider- able length of time to upgrade to our minimum standards and in addition will take an expenditure of several hundred thousand dollars,' 8. 3-7-61 (Requested AnneJ<ation Continued) I, Councilman Balser: I 13 : 5284 'Water Superintendent: If the City were to acquire this water system there would be considerable moneys necessary to be spent to bring it up to the standards recommended, by the National Board of Fire Underwriters.' 'Police Chief: On the foregoing basis the cost in additional police personnel and equipment would be in the neighborhood of $40,000 to $42,000 per year.' 'Fire Chief: Even though we might be assessed deficiency points by this move, under Item No. 10, 'Distribution of Companies,' in the Grading Schedules, by not placing a fourth station at Longden and Santa Anita Avenues, and a fifth station to cover the southeast section of the City, I feel, as previously stated, that the cost would over-ride the additional credit we would receive by such a move. I "Therefore, it would seem to me that even if an annexation charge was made which would be sufficient to compensate the City for its assets (this approximates 17% of our assessed valuation) the area would still not produce sufficient revenue to defray the costs of its maintenance. "With respect to the Community Development COlIllllittee's report to the Council, it must be kept in mind that this was the initial invest- igation of this matter and a number of the pertinent considerations had not had sufficient time to be brought in, sharp focus and proper perspective. "I'have reason to believe, after listening to opinion forming citizens of Arcadia and those deeply concerned about our City's welfare, that if the Council grants permission to circulate the petition, we will receive petitions from our own people. These well informed and affected citizens will petition the Council to deny thi~ anneJ<ation. This, in my opinion would not be in the COlIllllon good. "While I appreciate the position of those who request permission to circulate the petition; in the light of the evidence involved, I believe that we have only one course of action and that is to deny this request." ' "We have received many reports on this anneJ<ation and taken a lot of time on it. I personally feel that our first consideration is to the present residents of the City of Arcadia. I have studied at great length the Planning COlIllllission report on this anneJ<ation and that of the Chamber. The Chamber's report reflects lots of work and certainly some very good points. "However, I do not agree with the statement that this consideration seems to boil down to one of economics. Personally I feel that even though the area were permitted to annex and a fee, anneJ<ation fee,' were proposed, I do not feel like this fee would justify our being in favor of it as certainly a fee would not widen the streets, widen the lots or the area of many of those lots, because after driving this area twice I feel that they are, most of it, far below our minimum requirements of 75 feet in width and our 7500 in area. I feel that the Planning Commission - I look to the Planning COlIllllission and I feel that their primary responsibility is to keep our City one of homes and well-balanced business community. I feel that we should look to the Planning Commission for advice which is what they are, 'an advisory body. They have spent many hours - and I personally concur with their report in its entirety and I do not feel it would be in, the best interests of the City. I therefore move that the request of the people in the area to circulate a petition bounded by Las Tunas 9. 3-7-6~ (Reques ted Annexation - Continued) 13 : 5285 on the north, Rio Hondo Wash on the south, Santa Anita on the west and the Arcadia city limits on the east be denied." Councilman Reibold: "I second the motion." Mayor Camphouse: Councilman Balser: City Attorney: Mayor Camphouse: "It was my intention to give the other councilmen an opportunity to be heard before we made any motion. This has been precluded by this motion." "I I m sorry, I withdraw the motion for the present." "It is perfectly proper to debate after a motion is made.and secondedl "I,would like to debate then. I agree with you Councilman Reibold in certain aspects of it, as you know, and certain policies of mine of long standing. I agree that it would set a bad precedent to establish any kind of an annexation charge. I am not in favor of it - we haven't done it on any annexation that we have taken into consideration. I don't feel there is any necessity to draw lines of demarcation as we have drawn in this particular instance - I don't think it's fair. I recall areas in Arcadia where the people were within the City limits where they were slaughtering animals, and the flies and the stench was terrific, so I don't know that we have any reason to look down our nose at these people. "The thing that I feel most concerned about is the fact that this is a point in time. Looking at it and maybe taking the figures that you have, which I can disagree with, and which we analyzed more thoroughly than you did now in the meeting we had -'Community Economic Development Committee - we found out that in some instances some of the estimates of the cost were high and the revenue low. I dare say that if you ask the Director of Public Works what is the backlog requirement on streets in general in Arcadia he will tell you - high anywhere and you make a comparison to them as being the only ones that have any street deficiency - I think it would be unfair. "Beyond all this is the fact that originally when I first came on the Council six years ago there was set in motion an endeavor to see what could be done to bring in the Live Oak business district and the area along it. It was found that the first thing to do was to bring in the business district, if we could do that then the rest of it would be easy. Now it looks to me like this is the case where we have taken the dog and cut, off his legs and told him to run, and it's impossible to pinpoint what we have left over any longer and I agree that it is our responsibility to the people we now represent to protect the investment, but we are doing that as a total when we annexed the Live Oak area and we at that time considered this area now petitioning us to be annexed. On the other hand there are other ways that we can hold the line and we don't always do that either, I but I think that on the original concept of this area as one area that included the business district is the most valid argument that these people have. "I am against any kind of a surcharge, against any kind of a per- centage, because I fear we would be establishing a bad precedent. If we set up standards at this time or if we turn down these people, I don't think we can do things that we would like to do to better Arcadia." Councilman Phillips:"I want to just mention again one point that I have continually made, that the control of an area is best accomplished when it is under your control. I think that this is a point in favor of circulation of a petition and it cannot be measured in dollars and cents. I am inclined to remove the dollars and cents out of the picture because I think we have stepped beyond that area in time down there. We have 10. 3-7-61 (Phillips) I' I Councilman Butterworth: ROLL CALL: 13 : 5286 a small island of people here that probably best fit into Arcadia from the standpoint of location - somewhere between one half to two thirds of their present boundary is the City boundary of Arcadia - on the east and to the southeast and on the north Double Drive and a portion of the Wash are El Monte on the south - so approximately two thirds, without having better figures, is already Arcadia. Their mail, as has been mentioned, is addressed to Arcadia and will continue to do so until such a time as 'the Post Office changes its boundaries. "We talk about a charge to bring them up to standard. There are areas down there where they do not meet our standards in width of lots ,pr square footage. No charge is going to help that situation. We have many, many lots in Arcadia that are 50, 55, 60 feet - we have 10t~ by the hundreds that were 131 feet and were split in the area around the Baldwin Stocker Acres. We talk about improvement of the street, charge for improvement of streets, this is surfacing primarily. Most of the streets down there do have curbs and gutters. We have on our agenda tonight one of our major thoroughfares, Live Oak and Las Tunas, for the installation of curbs and gutters. We are just getting to that. One of our boundary streets on the north, Orange Grove, has no curbs or gutters. So we have areas within Arcadia that are no different than this. These people have been paying a tax for certain library services and things like that to the County. True enough they will bask in the light of our assets as far as library service, parks and recreation, etc. but I don't think that just because they have changed their jurisdiction, which, in my opinion, is having some control over their destinies; this is payment enough. "The major purpose of the resolution of the Chamber of COllllIlerce for the payment of a fee I have covered. I do not think that under any kind of circumstances should we start now to determine criteria of percentage of votes. I think these are established now. When we start with this group then another one comes along and we will change it. Now true, this is within our prerogative; as the City Attorney , carefully and courteously explained we could require 100% if we chose to, but I don't think we should sit in that sort of judgment. I think that the laws are already prescribed and when we move away from those we move away from a ,certain protection. "I do not quarrel particularly with zoning concurrent with annexation; however, under our present laws, as I understand them, if nothing is done at the time of annexation the entire property comes in as R-l, and I think with one or two exceptions, it is now R-l, so it would be very little different than they now have. I am sure that the circulation of the petition if it were granted would provide all of the land use and zoning restrictions of Arcadia so the people would be fully informed, so they certainly should have that right. The school district, I agree with the Commission and the Chamber of COllllIlerce that this will eventually have to be resolved, and it is prescribed already by law for annexation and deannexation of school districts. "It is my opinion that the opportunity to have these people with us and guide their destiny is payment enough and I would personally be in favor of granting the circulation of petition." "I feel that Councilmen Reibold and Balser have made a very credible argument and a very fair argument but if analyzed down to a point of view I honestly feel that the point of view as expressed by Mayor Camphouse and Councilman Phillips is more in accord with my point of view." AYES: Councilmen Balser, Reibold NOES: Councilmen Butterworth, Phillips, Camphouse ABSENT: None 11. 3- 7 - 61 ,Mayor Camphouse: 13: 5287 "The motion was to deny them the right to circulate the petition." The City Attorney then suggested that it would assist him if he could have the thinking of the Council regarding certain determin- ations prior to the preparation of the necessary resolution. Councilman Phillips:"I suggest that in order that we see everything that has been said by Mr. Nicklin that we might authorize the City Attorney and City Manager to draw a resolution, circulate it for our scrutiny and apperid notes, and whatnot, subject to a later revision for fees, indebtness, etc. I think there has been enough said tonight that they have the fee 1 . " I Councilman Reibold: "With respect to fees I feel that now that the decision has been made to permit the circulation of the petition, which does not insure its ultimate annexation - we don't know what will happen yet - we thought we had a good zoning matter in West Arcadia once too, but I do feel that if this thing is to go through these people should know at least how I feel - maybe the rest of you want to give away the City's jewels, I can't in conscience do it. Through peace and war - just listen a minute - through peace and war we have accumulated about $17,000,000 worth of assets. We did this by taxation, by diverting sales tax money, by taking and using our returns from the race track. Now - I still feel that amounts to about 17% of our assessed valuation. Personally I feel that if we continue, that some fee should be charged. Everyone of our own lots, for example, 'has to pay $25.00 into recreation and I can't in honesty be a director of this corporation and give away our jewels - maybe my colleagues can but I do not want to." Mayor Camphouse: "I think you are redebating the point Cal ncilman Reibold and it is not proper at this time. I think that the indication of a majority of the Council was that we would give these people the opportunity to circulate a petition. I stated that I did not feel that any annexation charge should be made. Councilman Butterworth said that he agreed with the Mayor and Councilman Phillips said the same thing. If I am wrong in making that statement then these two gentlemen should correct me, but I think we voted down the proposition to deny them the right to circulate. Therefore - state properly to instruct the City Attorney to prepare the resolution along the lines that no annexation charge should be made. If you want to add a comment about the insignificant amount of outstanding bonds " Councilman Reibold: "Forget the bonds." Mayor Camp house: The only other important factor that the attorney mentioned that is significant to be incorporated in the resolution is that part which dealt with whether it will be final upon filing with the Secretary of State or subject to subsequent action. "It's a staff question primarily, but at the time you adopt the resolution. the total assessed valuation. I Councilman Reibold: "That's a staff question." City Attorney: City Manager: City Attorney: determination has to be made Question No. I, do you know $2,839,660.00. "In that case, there being no refund of moneys from the County, because it amounts to less than one half of 1% of the total of assessed valuation of the fire protection district in which they are located, under the law if the annexation were completed and filed prior to February 1, 1962 the County must continue to render fire protection until June 30, 1962 so that you have that additional period of time within which to plan for implementatfori"of"force or equipment. 12. 3- 7 - 61 (Requested Annexation - Continued) I,"'''' ,JOINT POWERS AGREEMENT (Sycamore Bridge & Equestrian Tunne 1) .. (Z. "d, ;1 ,p ..J .... OJ ..v . . ,,-. STOP SIGNS $:H~ ~~ I CALL FOR BIDS (Water pipe) INDEXED (Water Ma.in Construction) INDEXED 13 : 5288 Councilman Phillips then moved that the Council authorize the City Attorney to prepare a resolution permitting the circulation of a petition for annexation to Arcadia: that said resolution be circulated among the Council members so that they could be in position to discuss same at the next Council meeting. 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 declared a recess at 9:25 P,M. The Council meeting reconvened at 9:35 P.M. Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the Council approve the Joint Powers Agreement between the City of Arcadia and the County of Los Angeles, providing that the City of Arcadia will include with the Sycamore Avenue bridge project the construction of an equestrian tunnel, the County of ,Los Angeles to reimburse the City for the cost of the equestrian tunnel construction, and authorize the Mayor and City Clerk to execute said agreement in form approved by the City Attorney. Motion by Councilman Balser, seconded by Councilman Reibold and carried unanimously that Council accept the recommendation of the City Manager, the Director of Public Works and the Police Chief and authorize the installation of stop signs at the following locations, and that the Stop Sign Resolution No. 2795 be amended accordingly: Newman Avenue at Fifth ,Avenue: Haven Avenue at Fifth Avenue Forest Avenue at Fifth Avenue Floral Avenue at Fifth Avenue Laurel Avenue at Fifth Avenue Alley north of Laurel Avenue at Alley north of Floral Avenue at Alley north of Forest Avenue at <: Fifth Fifth Fifth Avenue Avenue, Avenue. and To Mayor Camphouse's inquiry as to possible traffic problems that might ensue when the bridge across Sycamore Avenue is opened, the Director of Public Works replied that both his department and the Police Department are giving the matter their consideration. , Motion by Councilman Reibold, seconded by Councilman Butterworth and carried unanimously that the Council accept the recommendation of the City Manager and the Water Superintendent; that the plans and specification for the purchase of ductile cast iron water pipe be approved and that the City Clerk be authorized to call for bids for the purchase of such water pipe, expenditure for same being provided for in the 1960-61 Budget, Water Fund, Major Projects, Item 3; said bids to be opened March 20, 1961 at 11:00 A.M. and submitted to the Council at its regular meeting of March 21, 1961. Councilman Phillips moved that the Council accept the recommendation of ' the City Manager and the Water Superintendent: that the plans and specifications for the furnishing of ductile cast iron water pipe and fittings for the installation of an 18 inch water main from the Longden Plant to the city-owned well site on Peck Road be approved and that the City Clerk be authorized to call for bids for such purpose in conformance with said specifications, expenditure for same being provided for in the 1960-61 Budget, Water Fund, Major Projects, Item 3: ,said bids to be opened March 20, 1961 at 11:00 A,M. and submitted to the Council at its regular meeting of March 21, 1961. Councilman Balser seconded the motion which was carried unanimously. 13. 3-7-61 HARNESS RACING (Policing) BUSINESS LICENSE RENEWALS ' r~ '~ lNDEXEI) PECK ROAD PROPERTY (Deeds) RESOLUTION No, 3356 (Zone Change Holly & Variance Duarte Rd.) :/.. ,/1 I lNDEXED 13 : 5289 Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the Council accept the recommendation of the City Manager and the Chief of Police and authorize the appropri- ation of $8,568.00 for extra policing during the Western Harness Racing Association 1961 season: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Motion by Councilman Reibold, seconded by Councilman Balser and carried I on roll call vote as follows that the Council accept the recommendation of the City Manager and authorize renewals of business licenses being issued by the Business License Officer upon approval by the City Manager and Chief of Police when the original license was issued under a permit granted by the City Council for those businesses requiring permits under Article VI, Chapter 3, Part 2, Sections 6322-6323 and 6324 of the Arcadia Municipal Code, except where renewals of permits are specifically required by the Code; That in the carrying out of this procedure any such renewals upon which any question is raised by the Business License Officer, the City Manager or the Chief of Police shall be brought before the Council. AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None , Motion by Councilman Reibold, seconded by Councilman Balser and carried I on roll call vote as follows that the Council accept the recommendation of the City Manager and that the Mayor and City Clerk be authorized to execute deeds in form approved by the City Attorney ,to' Lots 18, 19, 20 and 21 of Tract No. 26345: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3356, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A CHANGE OF ZONE OF CERTAIN PROPERTY ON DUARTE ROAD AND HOLLY AVENUE AND GRANTING A VARIANCE TO PERMIT SAID PROPERTY ON DUARTE ROAD TO BE USED FOR ANY R-3 PURPOSE UNDER SPECIFIED CONDITIONS ," Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that Council waive the reading of the full body of Resolution No, 3356; I AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips further moved that Resolution No, 3356 be adopted, Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None 14. 3- 7 - 61 "I""", BUSINESS PERMIT EXTENSION .113 J).r"fl.. aNDEXED I COUNTY BOUNDARY COMMISSION ,AUDIENCE PARTIC IPATION ORDINANCE No. 1).16 (Adopted 5< Readopted) RESOLUTION, No., 3360 (Staging Area) INDEXED I 13: 5290 Motion by Councilman Balser, seconded by Councilman Reibold and carried unanimously that the Council approve the applications of P. G, Calvert (Bernie Knows), 334 Wildrose, Monrovia, and L, H, LaDuke, 75 Sierra Pl., Brisbane, California, for thirty day extensions of their business licenses for the sale of tip sheets during the Western Harness Racing Meet, and that the provisions of Section 6313.1 and 6313.2 of the Arcadia Municipa~ Code applicable to previously licensed businesses be waived. Mayor Camphouse ordered filed notices from the County Boundary Commission of proposed annexations (Baldwin Park No. 12 and El Monte No. 254) as they have no effect upon Arcadia. No one in the audience desired to address the Council. AYES: Councilmen Balser, ,Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1116 be adopted and readopted. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Manager'presented and read the title of Resolution No. 3360,' entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, , CALIFORNIA, URGING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS' ,,' COOPERATION IN ESTABLISHING STAGING AREA ON RIO 1l0NDO CHANNEL, ',' explain- ing that this was a request to the Board of supervisor~ to transfer title ,to approximately four acres of land to the County Recreation Department ,to be developed as a staging area for the riding and hiking trails. 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. 3360 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3360 be adopted. Motion seconded by Councilman Balser'and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None AllSENT: None 15. 3-7-61 RESOLUTION No. 3357 (Rescinds Resolutions Nos. 3349 & 3351) INDEXED 'l' RESOLUTION No. 335'8 " 0" :J c I'! (, lNDEXED RESOLUTION No. 3359 1777 aNDEXED 13:5291 The City Attorney presented, explained the content and read the title of Resolution No. 3357, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RESCINDING RESOLUTION NO. 3349 AND RESOLUTION NO. 3351." " Motion by Councilman Balser, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Resolution No. 3357 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None I Councilman Balser further moved that Resolution No. 3357 be adopted. 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, explained the content and read the title of Resolution No, 3358, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECr.ARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF THE FIRST ALLEY EAST OF BALDWIN AVENUE, AND FIXING A TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SUCH PROPOSED VACATION AND ABANDONMENT," adding that April 4, 1961 at 8:00 P.M, had been set as the hearing date, Motion by Councilman Phillips, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3358 be waived; AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3358 be adopted. Motion seconded by Councilman Balser and carried on roll call,vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None The City Attorney presented, explained, the content and read the title of Resolution No. 3359, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF THE FIRST ALLEY SOUTH OF LA PORTE STREET, A PUBLIC I ALLEY IN SAID CITY AND FIXING A TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SUCH PROPOSED VACATION AND ABANDONMENT." 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. 3359 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Phillips further moved that Resolution No. 3359 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None 16. 3- 7.61 I I, RESOLUTION iNo. 3361 (Independent Cities of Los Angeles County) ($: (;:aA6) , MAYOR " , CAMPHOUSE )'1 s(O IV s )0 ADJOURNMENT 13: 5292 The City Attorney presented, explained the content and read the title of Resolution No. 3361, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OFFICIALLY REQUESTING MEMBERSHIP IN THE 'INDEPENDENT CITIES OF LOS ANGELES COUNTY'," adding that Councilman Phillips is appointed as the City's official Director and Councilman Butterworth as Alternate Director of said association. Motion by Councilman Balser, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Resolution No. 3361 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips, Camphouse NOES: None ABSENT: None Councilman Balser further moved that Resolution No. 3361 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: . ' .', '. AYES: Councilmen Balser, Butterworth, Reibold, Phillips; Camphouse NOES: None ABSENT: None Mayor Camphouse advised that he had received the Lybrand News Letter and inquired of Councilman Phillips if he had had an opportunity to look at the depreciation study or talk to Mr. Warner. Councilman Phillips replied in the negative., Mayor Cmnphouse submitted to the City Manager a letter from the White House relative to reinvigorating the economy relative to cooperation on a local level; also a communication from the Chief Administrative Officer of the County of Los Angeles regarding the proposal for the consolidation of inferior courts. .'" Mayor Camphouse requested the City Manager to disseminate formal notices to the Councilmen regarding a breakfast meeting at,Eaton's Restaurant on March 18, 1961 at 8:00 A.M. to which they had been invited by the Arcadia Library Board for the purpose of discussing the dedication programs for the new City Library and to have pictures taken of the Councilmen and the Board; adding that the Press is also invited. Mayor,Camphouse ordered the meeting adjourned at 10:25 ~.M. ~j~ Mayor C mphouse ATTEST: ~~~)A4~ ~~, , City Clerk 17. 3-7-61