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HomeMy WebLinkAboutSEPTEMBER 16,1958 I INVOCATION PLEDGE ROLL CALL MINUTES PENDING AGENDA INDI:ED I IIIDEXBI;l S:Wr ~ ~ 'Il,r"Q!8 ~f.f(,J G M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 16, 1958 The City Council of'the City of Arcadia, California met in regular session in the Council Chamber of the City Hall at 8:00 P.M. September 16, 1958. The Invocation was offered by Rev. Glenn T. Zachary, Pastor of the South Arcadia Union Church. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT : ABSENT : Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips None Councilman Reibold moved that the minutes of the regular Council meeting of September 2, 1958, as submitted in writing, be approved. Councilman Jacobi seconded the motion and it was carried unanimously. Mayor Phillips called for "Matters Pending". Whereupon the City Clerk announced that the first item on the pending agenda was the matter of Councilman Balser's suggestion of August 19, 1958 that Ordinance No. 837, regarding animals on premises, be reviewed and discussed at a later Council meeting. Mayor Phillips ordered this matter held over pending completion of a staff report. The City Clerk then stated that item 2 on the pending agenda was the matter of the communications received from both the American Association of University Women and the Health and Sanitation Commission pertaining to the Pasadena Child Guidance Guild, mental health facilities; that this matter had been taken under advisement at the September 2, 1958 Council meeting pending a meeting when all members of the Council would be present; that at said meeting it had basically been the consensus of the Councilmen present that it was not within the prerogative of the City to use City tax funds for this particular matter, as the City would then have the moral obligation to do the same in other areas that are equally beneficial, Mayor Phillips inquired if any other communications had been received and the City Clerk read a communication signed by three members of the Health and Sanitation Commission, to wit: E. H. Golisch, S. H. Bierly and Dr. Robert Stragnell, dated September 11, 1958 and addressed to the Council, stating in part that they believed it should have been emphasized in the previous letter from said Health and Sanitation Commission that such assistance should be provided by private fund sources rather than from tax funds. There being no other communications Mayor Phillips called upon Councilmen Camphouse and Balser, who had been absent from the September 2, 1958 Council meeting, for their opinions. Councilman Camphouse stated that in the past on similar occasions other 1. 9-16-58 1. ~~f79 HEARING (Hellen) ~" (I :I\.~ i' organizations had called upon the City but that it had been the practice of the Council not to have the City participate; that in his opinion to do so in this particular instance would create a wrong precedent. Councilman Balser stated that he concurred in this and added that he did not think the City should become involved. Councilman Reibold commented that the communication from the American Association of University Homen had stated in part that they were aware of the worthiness of this project and pointed out that while they could not make any contribution they wished to go on record as being available to help in any way within their power, such as speakers for local groups, making information available regarding local mental health needs, etc. I Councilman Camphouse then moved that the Council instruct the City Manager to write a letter advising of the City's position and emphasizing that the City is concerned with their problem but that it does not feel it is within its prerogative to assist in this particular program, Councilman Reibold seconded the motion and it was carried unanimously. Mayor Phillips declared the hearing open on the application of Harwood Hellen, 25 Westmont Drive, Alhambra, California (dba Veterans House Addressing Service) for a business license to permit the painting of house numbers on curbs. The City Clerk announced that she had letters of recommendation as to applicant's service from both the City of Alhambra'and the City of San Fernando, and also an outline from the applicant as to his method of operation. Mayor Phillips inquired if anyone in the audience wished either in favor of or in opposition to the application. applicant, Mr. Hellen, addressed the Council, stating in that he would guarantee the painting of house numbers on of every dwelling within the City, with the exception of commercial and multiple dwellings; that this will be done at no charge to the City or its residents; that during the time the work is performed a card is left at each residence informing the owner that a house number is being put on the curb in front of every house in the City; that there is no charge but is being done on a strictly donation basis; then from three to ten days thereafter a call is made to accept the donation, if any; that the material used and size of lettering is left to the discretion of the Engineering Department. to speak The part the curb As to his use of the name "Veterans House Addressing service",he informed the Council that his company was composed of veterans but was in reality a private concern. Upon being informed of the City's ordinance regarding solicitation he agreed to abide by such ordinance and stated that although house numbers would be painted at every residence no solicitation for donations would be made at premises posted with "No Solicitors" signs. I Mr. C. L. Dorsett, 1020 Holly Avenue, addressed the Council, expressing approval of the proposed service. There being no one else desiring to be heard Councilman Balser moved that the hearing be closed. Councilman Camphouse seconded the motion and it was carried unanimously. To Councilman Balser's query as to whether the performance of the proposed service at posted premises is in violation of the City's 2, 9-16-58 I I HEARING (Fourth Avenue) , -:;1! I RESOLUTION No . I3,O 56.::~D 7'119 INTRODUCTION OF NEW DIRECTOR OF PUBLIC WORKS r!aBO Solicitation Ordinance the City Attorney stated that the applicant has not qualified as a Veterans' organization and operates as a private concern and as such is subject to the City's solicitation ordinance and precludes him from soliciting premises that are posted; that in this instance the resident is not buying anything because, according to Mr. Hellen's application and statements, the work is performed at each house, a card is left to acquaint the resident of the fact and to solicit the contribution of the resident toward the cost of the work; that there can be no violation if Council grants permission for the service and a violation would occur only if solicitation is made at posted premises. After a general discussion it was opined by both Councilmen Balser and Jacobi that the proposed service would be beneficial. Whereupon Councilman Balser moved that the Council grant a permit to Harwood Hellen, doing business as Veterans House Addressing Service, to permit the painting of house numbers on curbs throughout the City of Arcadia, as set out in his application, subject to the approval of the City Engineer as to specifications, and on condition that no solicitation occur at premises posted "No Solicitors or Peddlers". Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold NOES: Mayor'Phillips ABSENT: None Recommendation of the City Attorney that the Hearing on the Improvement of Fourth Avenue, set pursuant to Resolution No. 3047, be rescheduled. Councilman Jacobi moved that Council approve the recommendation of the City Attorney and reschedule the Hearing on the Improvement of Fourth Avenue, fixed by Resolution No. 3047, to the Council meeting of October 7, 1958 at 8:00 P.M. Councilman Camphouse seconded the motion and it was carried unanimously. The City Attorney then presented, discussed and read the title of Resolution No. 3056, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF FOURTH AVENUE BETlo/EEN THE CENTER LINE OF NORMAN AVENUE AND A POINT 200 FEET MORE OR LESS SOUTH OF CAMINO REAL AVENUE IN THE CITY OF ARCADIA." Councilman Camphouse moved that the reading of the full body of Resolution No. 3056 be waived. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse moved that Resolution No. 3056 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips presented to the Council and the audience the City's new Director of Public Works, Mr. Charles E. Lortz. 3. 9-16- 58 ", 4381 HEARING (Parking District No, 1) 1/> ' , I Mayor Phillips announced: "The hour of 8:00 o'clock P.M. having arrived, this is the time and place fixed for the hearing on the assessment filed in the matter of Vehicle Parking District No. 1 of the City of Arcadia," The City Clerk presented to the Council the affidavits of mailing and publication of notice of filing the assessment, and then presented the assessment roll to the Council. Mr Franklin T Hamilton, of the law firm of O'Melveny & Myers, special Counsel employed by the City in the matter of Vehicle Parking District No.1, outlined the background of the Parking District, which in part is as follows: I In April, 1956 a petition was filed with the City Council 'requesting the formation of a Vehicle Parking District No 1, Said petition described the boundr.ries of the District proposed to be assessed for the acquisition and improvement of parking lots and described the lots proposed to be acquired and the improvements proposed to be made on said lots. Said petition was signed by approximately 60% in area of the owners within the district and approximately 65% of assessed value of land and improvements within the district Following the filing of the petition the City Council initiated the proceedings under the Vehicle Parking District Law of 1943, They ordered the preparation of a debt-limit report which showed the estimated cost of the project and apportioned the estimated cost on all parcels of land within the district, Said report was set down for hearing. The estimated cost of the project was approximately $53,000.00. In August, 1956 the City Council, following the adoption of its Ordinance of Intention and the giving of notice by mail, posting and publication, held a hearing on the Ordinance of Intention to determine whether or not to go forward with the project, At that hearing written protests were filed by certain of the property owners within the district. Those protests represented approximately 25% by area and approximately 17% by assessed valuation. At the conclusion of that hearing the City Council ordered the District formed with boundaries set forth in the petition, and ordered the City Attorney to acquire the various lands which were described in the proceedings and in the petition. The City Attorney then acquired part of the land by contract and part by condemnation., Following the acquisition of the land the City advanced from available funds the purchase price and the award and condemnation of the property and also advanced funds for the improvement of the lots so that the lots have now been acquired, title is vested in the City and the lots are improved, I Following that, the former Superintendent of Streets, Mr. Michael J. Carozza, filed an assessment, which assessment apportioned the entire cost of the project, land costs, improvement costs, and incidental expenses against all of the lands in the district. Mr, Hamilton then outlined the procedure which the City Council might follow. He stated that the primary question before the City Council is the fairness or the equity of the assessment, whether, in accordance with the requirements of law, it has been apportioned in proportion to benefits to be received That the Council has the following alternatives open to it at the conclusion of the hearing: 4. 9-16-58 ~ 9{ I I 4382 1, Council retains the full and complete power of abandonment of the proceedings. 2. Council may confirm the assessment as filed with the City Clerk, or order the assessment amended, altered or modified in any respect that Council deems just and fair. If Council confirms the assessment, either as filed or as amended, the assessment will be (a) recorded in the Street Superintendent's office and in the County Recorder's office, For a period of 30 days following that recordation, any property owner within the district may pay his assessment in full or in part without penalty or interest. In the event the property owner elects not to pay his assessment in full or in part in cash, a bond will be issued on his property in the amount of his unpaid assessment. The bond will then be offered for sale by the City Council and the interest rate will be fixed by the successful bidder at that sale, so that the Council will, by the process of competitive bidding, obtain the best possible interest rate available under the circumstances, The Council will then award the bonds, the bonds will be prepared and signed by the City Treasurer and delivered. At that time the City will have a cash fund consisting of those assessments which are paid in cash and the proceeds of the bonds. The City will then reimburse itself for the prior advances which it made for the acquisition and improvements of the parking lots. The bonds will extend over a period of 20 years, One-twentieth of the principal will be due and payable each year and interest on the unpaid balance will be due and payable each year During the time the bonds are outstanding any property owner may payoff the bond on his property and remove the lien on his land by paying the amount of the unpaid assessment, plus the amount of the next maturing interest coupon which, except for the first coupon, will be 6 months, and a premium of 3% of the unpaid principal. The City Clerk then administered an oatk ~o the City Attorney, Mr. James N Nicklin, who swore that he now is and at all times since the commencement of' the proceedings in the Arcadia Vehicle Parking District No. 1 has been the duly appointed, qualified and acting City Attorney of the City of Arcadia. Mr. Hamilton then proceeded to question the City Attorney as to the signature of Mr. Carozza on the assessment. He stated that he had heretofore inspected the assessment; that he was personally present when Mr. Carozza signed same and when he filed it with the City Clerk and that Mr. Michael J. Carozza was at that time Director of Public Works and exofficio City Engineer and Superintendent of Streets. Mr. Hamilton then inquired of the City Attorney as to whether the actual computation and preparation of the assessment, the preparation of the property descriptions and the apportionment of the assessments were done by Mr, L. J. Thompson, and whether Mr. Thompson was employed by the City of Arcadia to assist the Superintendent of Streets in preparing the assessment, To which the City Attorney replied that he was; that the bulk of the work was actually done by Mr. Thompson assisted by the Staff, himself and the Director of Public Works, and that the assessment as prepared by Mr, Thompson, was prepared under the direction and'supervision of Mr. Carozza. He also added that the duties formerly discharged by Mr. Carozza have now been assumed officially by Mr. Charles E Lortz. 5. 9-16-58 4383 y\\ The City Clerk administered an oath to Mr. L, J, Thompson, who stated that he was employed by the City of Arcadia as an Assessment Engineer to prepare, under the supervision and direction of the Superintendent of Streets, the assessment which has been filed and is now before the Council. Mr. Thompson thereafter briefly outlined some of his background with respect to his experience in preparing assessments both for Vehicle Parking District and other types of special assess- ment proceedings, to wit: that he has had approximately 33 years experience in Southern California, working for the City of Los Angeles 26 years and then under contract to many other cities, making all kinds of assessments under the various statutes, and under statutes which required that an assessment be apportioned in proportion to benefits to be derived from the improvements which are specifically assessed-against the property. I He then described the boundaries of the District, to wit: the District is bounded on the northeast by Indiana Street and the railroad, on the west by First Avenue, on the south by Huntington Drive, the District being a triangular portion involving some 29 parcels of land; that two parcels have been acquired for parking; No. 1 is a triangular shaped parcel on Indiana Street, and between Wheeler and the first alley south of Wheeler, and parcel No. 2 consists of two lots 50 x 160' on the south side of Wheeler, approximately 135' east of First Avenue. That the improvements consisted of paving, bumper curbs and lines painted so as to distinguish various parking stalls; entrance and exit signs and other appurtenant work which would be conducive to the best operation of this parking property, That based on his experience as an Assessment Engineer, and with his knowledge of the District, it is his opinion that the assessment which has been filed with the City Clerk has been apportioned in proportion to which the various parcels will receive benefit from the parking lot and improvements. Mr. Thompson continued, that no two parking districts are exactly alike; that they involve different types of property, different locations, different relationships of the parking areas to the business properties, etc. That various methods were used to arrive at an equitable solution of this problem and that it was the opinion of all concerned that this particular problem was best solved by 3/4ths of the cost to be borne on an area basis and 1/4th pro rata on the assessed value of land and improvements; being 3/4ths of the cost of $56,333,95 or $42,250.46 spread on an area basis (about 2le a square foot), and $14,083.49 spread upon land and assessed value of $250,880.00, or about 5,6% assessed valuation. \ The City Clerk then read the written protests filed with her against the proposed assessments from the following: I Henry Bertolotti, 2115 Orlando Road, San Marino - Assessments on lots 27 and 28, Block 75 - $3906.88; William L, and Jane E. Sockman, 153 Alta Street - Assessments on Lots 14, 15 and 16, Block 75 - $4607.54; C. M. Millwork Co., a California Corporation, 115 Wheeler Avenue - Assessments on Lots 4, 5, 6 and 7, Block 77, - $4066,46. The City Attorney described the location of the above mentioned lots and added that with respect to the protests made regarding present usage of the property, that although the present owners,may not by reason of their use of the land, have immediate use for the parking, that in spreading assessment the interests of the majority 6. 9-16- 58 ; '1 I I I / 438.;l are the prime factors. That the 1943 Vehicle Parking District Act by its date indicates the changing times; that the district idea was conceived to assist property owners to help themselves in situations where development necessitates off-street parking. Mayor Phillips then asked if any person who filed a written protest or his representative desired to be heard orally in support of such protest. Mr. Francis Welton, Attorney at Law, Temple City, representing the C. ~!. Millwork Co., addressed the Council, stating in part that on behalf of his client he wished to protest the formula of the assessment on his client's property; that it was excessive in view of the fact that his client's business was strictly wholesale; has sufficient parking for its employees; that few customers come to the plant, as most of the business is done by telephone; and that his client will not he benefited by the parking district. Mr. Hamilton commented that the 1943 Act itself does not specify any particular formula which should be used in spreading an assess- ment, It requires only that the assessment be apportioned in proportion to benefits to be received from the proposed acquisition and improvement and stressed the fact that the 1943 Act refers to benefits to be received and not benefits to an existing land use. That it looks to the future, to the potential of the property, the use which can be made. That in reference to Mr. Welton's client's protest that its existing land use does not require parking, he stated that the law does not look to present. land use but to potential land use. That this property is presently zoned for M-l purposes. That there are M-l types of industries which would require parking. That there would be a serious question as to the validity of this assessment if it were spread in proportion to exist- ing land Uses. Mrs, Jane E. Sockman then addressed the Council, stating in part that she considered the assessment 'on Lots 14, 15 and 16 of Block 75 excessive because her business did not require additional parking. The City Attorney then added to the statements of Mr. Hamilton the information that each Assessee has a voice in the management of the lots of a parking district. That there is a Parking District No. 1 Board of Commissioners. That the lots are to be operated for the benefit of the property owners assessed to pay for them. Mayor Phillips then inquired if anyone in the audience desired to speak on the matter in any respect. No one desiring to speak, Mr. Hamilton stated that the time has come for the determination by the City Council; that it has the following alternatives: (1) It may abandon the proceedings; (2) It may confirm the assessment; (3) It may order adjustments or corrections. The City Attorney stated that he felt the record should reflect the accurate application of the City's zoning ordinance; that the City has a progressive zoning ordinance starting with R-O, R-l, R-2, R-3, C-O, C-l, C-2, C-3, CM, M-l, and M-2, That each zone permits any use permitted in the lower zone with few exceptions, and one of the exceptions is that when you reach CM (commercial-manufacturing) it permits any use permissible in the C-3 zone except residential; that CM, M-l and M-2 permit commercial use but may not be used for purely residential purposes except caretakers houses and the like. Mayor Phillips inquired whether the City's ordinances set up certain credits for parking requirements and the City Attorney answered that the City's ordinance presently makes provision for off-street parking in all zones but they vary in commercial and residential in accordance with usage; that the ordinance provides that a person may 7. 9-16- 58 4385 RESOLUTION No. 3055 L_::'~~"':D ORDINANCE No. 1025 (Adopted) J"~.__=:';:::D indirectly recoup a portion of his assessment by receiving a credit towards a cash contribution in lieu of providing off-street parking required by the zoning ordinance. He may tender a sum which may be accepted by the Council if they deem that the provision of money in lieu of off-street parking is reasonable under the circumstances, the exact amount to be determined by the City Council, based on the theory that by reason of location, size, development and all it might not be practical, from the standpoint of solvin" off-street parking problems, for a person arbitrarily to set aside so many feet of ground for off-street parking when in fact it could not be so used; and to get around that he may tender and the City may accept a sum of money which is deposited into an off-street parking acquisition fund, and if they elect to avail themselves of that provision and it is accepted by the Council, then he may obtain a credit against that cash contribution up to the amount of any assessment that is levied in any vehicle parking district affecting that property, That the provision has not yet been availed of in Arcadia but has been availed of at other places; that such a matter is not in issue at this particular hearing. I Councilman Reibold then moved that all protests and objections, both written and oral, made or filed in connection with the assessment filed in the matter of Vehicle Parking District No.1; be and the same are hereby overruled and denied. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Hr. Hamilton then read Resolution No. 3055 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA , CALIFORNIA. MAKING DETER}lINATIONS AND CONFIR}lING ASSESSMENT IN MATTER OF VEHICLE PARKING DISTRICT NO.1 OF SAID CITY." He added that this resolution will confirm the assessment as filed with the City Clerk. Councilman Reibold moved that the reading of the full body of Resolution No. 3055 be waived. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No, 3055 be adopted, Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None I The City Attorney presented, discussed and read for the second time the title of Ordinance No. 1025, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 17 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." The City Attorney added that the effect of this ordinance determines the use of property as a roller skating rink shall not be arbitrarily classified as in any particular zone but shall be a use permitted in s-l Zone. 8. 9-16-58 I I ORDINANCE No, 1028 (Adopted) I~~=::::-=D ORDINANCE No. 1029 (Introduced) .Il:DEl::8D RESOLUTION No. 3053 I::C::~'J 1~)i 4:386 Councilman Camphouse moved that the reading of the full body of Ordinance No. 1025 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Ordinance No. 1025 be adopted, Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read for the second time the title of Ordinance No. 1028, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 20 OF ORDINANCE NO. 860." The City Attorney commented that this ordinance is an amendment to the subdivision ordinance. Councilman Balser moved that the reading of the full body of Ordinance No. 1028 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved that Ordinance No. 1028 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read for the first time the title of Ordinance No, 1029, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN PROPERTY ON LOUISE AND LEROY AVENUES IN ZONE D (ARCHITECTURAL OVERLAY) IN ADDITION TO THE BASIC R-l ZONING APPLICABLE THERETO." Councilman Jacobi moved that the reading of the full body of Ordinance No, 1029 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi moved th~ Ordinance No. 1029 be introduced. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3053, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE CONSTRUCTION OF THREE ADDITIONAL DWELLINGS ON CERTAIN REAL PROPERTY IN SAID CITY. " 9. 9-16- 58 438'7 RESOLUTION No. 3054 1;;~~~~~.Q ,',- 1~l' RESOLUTION No. 305~1~\'\ RESOLUTION No. 3059 7/10 TRACT No, 21618 (Greenfield Avenue - Tentative) :~~ Councilman Reibold moved that the reading of the full body of Resolution No. 3053 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No, 3053 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None I The City Attorney presented, discussed and read the title of Resolution No. 3054, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CERTAIN GASOLINE TAX FUNDS FOR THE IMPROVEMENT OF SAID PUBLIC STREETS IN SAID CITY OF ARCADIA. " Councilman Camphouse moved that Resolution No. 3054 be waived, Balser and carried on roll call the reading of the full body of Said motion seconded by Councilman vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3054 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney stated that the next Resolution in sequence would be No. 3057, relative to the restrictions under D Architectural Overlay, but it would be held for the next meeting. The City Attorney presented, discussed and read the title of Resolution No. 3059, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACCEPTING GRANT OF EASEMENT FOR STREET PURPOSES UPON SPECIFIED CONDITIONS," Councilman Balser moved that the reading of the full body of Resolution No. 3059 be waived. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: I AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved that Resolution No, 3059 be adopted, Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None On June 4, 1958 the Planning Commission recommended that tentative approval of Tract No. 21618 be given subject to the condition that 10. 9-16- 58 I I 7}81 TRACT No. 21741 (Louise Ave.- Final) +<j-09 ZONE VARIANCE (Riggins) II~D:::SX7:n P:~~ 4388 the property needed for the street be acquired and improved for street purposes by any appropriate proceedings without cost to the City. However, the Commission now is of the opinion that because it is not practical to condemn this property before the adjoining street is dedicated, they recommend that tentative approval be amended to require that the subdivider deed in fee to the City a one foot wide strip around the boundaries of the property; that the City acquire by condemnation the east 30 feet of the property at 1416 South First Avenue; that the subdivider deposit with the City the estimated'cost of conducting the proceed- ings, the acquisition of the property and its improvement for street purposes; such deposit to remain with the City at least five years after the completion date of the Tract or until such time as the acquisition and improvement has been completed, and any unused portion of the deposit to be returned to the subdivider. Councilman Camp house moved that the Council accept the recommendation of the Planning Commission and that the conditions on the former approval of the tentative map of Tract No. 21618 be amended as recommended by the Planning Commission. Councilman Reibold seconded the motion and it was carried unanimously. Recommendation of the Planning Commission that FINAL approval be given Tract No. 21741, located on Louise Avenue north of Camino Real Avenue, consisting of 9 lots, subject to the following conditions: 1. Peed lots 10, 11, 12 in fee to the City. 2. Pedicate 5 foot planting and sidewalk easements along each side of each street. 3. Install all street improvements required by the subdivision ordinance. 4. Pay all fees and deposits required by the subdivision ordinance. 5. Remove all buildings within the tract. 6. Provide all necessary rear line easements for utilities. 7. The City shall dedicate lot 12, Tract No. 24350 for street purposes. 8. The subdivider shall pay the trust established on a portion of lot 13, Tract No. 24350 and the City shall dedicate it for street purposes. Councilman Balser moved that Council accept the recommend~on of the Planning Commission and give final approval to Tract No. 21741, subject to the conditions as specified above. Councilman Jacobi seconded the motion and it was carried unanimously. Planning Commission Resolution No. 311 recommending denial of the application of H. R. Riggins for a variance to allow the retention of kitchen facilities in a guest house at 85 West Lemon Avenue in Zone R-l. The City Attorney advised that the applicant asked to have his application withdrawn; that the City Ordinance makes no provision for a withdrawal, and that the Planning Commission and he recommend that the application be denied without prejudice to reconsideration thereof upon filing of new proceedings. Councilman Jacobi moved that the Council accept the recommendation of the Planning Commission and the City Attorney and that the application of H. R. Riggins for a variance to allow the retention of kitchen facilities in a guest house at 85 West Lemon Avenue be denied without prejudice to a reconsideration thereof upon the filing of new proceedings. Councilman Reibold seconded the motion and it was carried unanimously. 11. 9-16-58 Li389 ZONE CHANGE (Live Oak) 7-'/3:; ZONE CHANGE (Las Tunas 1 ^ ^ 5" 1 d'. ZONE CHANGE (Huntington Blvd.) 143(, VARIANCE (Building Code) li..w-,;~.....~ P: V(jAo.-t-D.Lf. , . /':>i<'~ ",,l, Planning Commission Resolution No. 308 recommending a change of zone on Live Oak Avenue between Third Avenue and Fourth Avenue from Zone R-3 to Zones C-2, PR-3'and D and setting forth the restrictions recommended to be applicable to Zone D, on application by the owners, Robert F. Williams and Louise W. Wordes. Said that P.M. matter requiring a public hearing Councilman Reibold moved the hearing be scheduled for October 7, 1958 at 8:00 o'clock Motion seconded by Councilman Balser and carried unanimously. Planning Commission Resolution No. 309 recommending the establish- ment of Zone D on property on Las Tunas Drive east of ,Baldwin Avenue, Dr.)on application of Ralph D, Stogsdill. Said matter requiring a public hearing. Councilman Camphouse moved that the hearing be scheduled for October 7, 1958 at 8:00 o'clock P.M. Motion was seconded by Councilman Jacobi and carried unanimously. I Planning Commission Resolution No. 310 recommending a change of zone from Zones c-o and D to Zone R-3 on the rear portion of property at 728 West Huntington Blvd. Said matter requiring a public hearing Councilman Balser moved that the hearing be scheduled for October 21, 1958 at 8:00 o'clock P.M. Motion seconded by Councilman Jacobi and carried unanimously. The City Council reviewed the report, photographs and communications in connection with a request for a variance from the Building Code to permit the construction of a tree house at 318 Fairview Avenue. Mr. R. L. Stert, owner of the property, addressed the Council, stating in part that the tree house has been very substantially constructed thus far; that further construction will use good' engineering design and first quality materials; that it will have enclosed walls for safety and an adequate number of guy wires to stabilize the structure; that restrictions have been placed on its use (only during daylight hours); that it will have a tumbler lock on the door leading to the catwalk to preclude use of the structure without the owner's knowledge or permission; that a petition has been circulated and submitted to Council which indicated that there is only one protest; that the structure is being built for the exclusive use of the applicant's four boys and the neighborhood children. A general discussion ensued during which Mr. Stert stated his willingness that a time limit be specified if Council approves construction of the said tree house. The report from the Safety Committee was discussed; said report made reference to sections of the Building Code and the opinion was expressed by said Committee that a question of safety was involved and that it would be very difficult to rescue or render aid to anyone becoming injured or trapped in the tree house. I After further discussion Councilman Jacobi moved that the City Council grant Mr. R. L. Stert a variance from the Building Code for a period of eight years from date hereof to permit the construction and maintenance of a tree house on his property at 318 Fairview Avenue, provided he submits to the City a written statement agreeing to remove the structure prior to his sale of the property or in any event upon the expiration of eight years from date hereof, unless prior to such time the variance shall have been extended by official action. Said motion seconded by Council- man Camphouse and carried unanimously. 12. 9-16-58 -> I I CALL FOR BIDS (Beaut i ficat ion of Huntington Drive) 1)1~ CALL FOR BIDS (Removal of Trees) '1-<137 CALL FOR BIDS (Resurfacing of City Streets) -::;-;;&(4..- 435G Recommendation of the City Manager and Assistant City Engineer that the City Clerk be authorized to advertise for bids for the beautification of Huntington Drive between Holly Avenue and Michillinda Avenue in conformance with plans and specifications prepared in accordance with the preliminary sketches approved by the City Council. Said work consists in general of automatic sprinkler system, trees and lawn, together with directional signs and planters at intersections. It is estimated the work will cost $109,000.00, and that money has been appropriated for this project in the Capital Outlay Budget and will be financed therefrom. Councilman Reibold moved that the Council accept the recommendation of the City Manager and the Assistant City Engineer; that the plans and specifications for the beautification of Huntington Drive between Holly ,Avenue and Michillinda Avenue be approved as submitted; that the City Clerk be authorized to call for bids for said beautification in conformance with said plans and specifications; expenditure for same to be financed from the Capital Outlay Budget; said bids to be opened October 6, 1958 at 11:00 A. M. and presented to the Council at the regular meeting of October 7, 1958. Said motion seconded by Councilman Jacobi and carried unanimously. Recommendation of the City Manager and Assistant City Engineer that the City Clerk be authorized to advertise for bids for the removal of 27 trees in the City of Arcadia; that these trees are judged to be dead or dangerous and are beyond the capacity of the equipment in the Service Division of the Department of Public Works; and that the financing of the project will be under funds included in the current budget. Councilman Camphouse moved that the Council accept the recommendation of the City Manager and the Assistant City Engineer; that the specifications for said removal of 27 trees in the City of Arcadia be approved as submitted; that the City Clerk be authorized to call for bids for said work in conformance with said specifications; that the financing of the project be under funds included in the current budget; and that said bids be opened October 6, 1958 at 11:00 A.M, and presented to the Council at the regular meeting of October 7, 1958, Said motion seconded by Councilman Reibold and carried unanimously. Recommendation of the City Manager and the Assistant City Engineer that the City Clerk be authorized to advertise for bids for the resurfacing of the following 12 City streets: Ramona Road Haven Ave. from Rodeo Road to Santa Anita Ave. Forest Ave. from Second Ave. to Fifth Avenue LeRoy Ave. from Holly to El Monte Las Flores from Holly to El Monte Third Ave, from Live Oak Ave. to Longden First Ave. from Las Flores to Norman Woodruff Ave. from Holly to El Monte Caroline Way from Live Oak to Las Tunas Catalpa from Murietta to Volante Santa Anita Ave. (westlane) from Orange Grove Ave, to Sierra Madre Blvd. Holly Ave. from Las Tunas to Palm Drive The following streets are included as alternates: (After receipt of bids, the exact cost will be analyzed, and certain alternates will be included in the final contract so as to assure the complete expenditure of budgeted funds). 13. 9- 16- 58 4391 COMPLETION OF WORK (Civic Center) 1pS AMBULANCE SERVICE '7- '1 J~ Sycamore Ave. from Rodeo Road to Santa Anita Ave, Santa Cruz Ave. from Colorado to San Rafael Okoboji Drive from Sunset to West City limits Warren Way from Live Oak to Las Tunas The project will be financed as follows: State Gas County Gas Tax - for maintenance of secondary streets Tax - $25,000.00 5,000.00 Councilman Balser moved that the Council accept the recommendation of the Assistant City Engineer; that the plans and specifications for the 1958-59 street improvement Project No.1, consisting in general of the resurfacing of the above specified City streets, be approved as submitted; that the City Clerk be authorized to call for bids for said work in conformance with said plans and specifications; that the financing of the project be as stated above; and that said bids be opened October 6, 1958 at 11:00 A.M. and presented to the Council at the regular meeting of October 7, 1958. Said motion seconded by Councilman Camphouse and carried unanimously. I Recommendation of the City Manager and Assistant City Engineer that the City Council accept the work on the Civic Center project as completed by Daniel Brothers Company, and authorize final payment in accordance with the provisions of the contract. Motion made by Councilman Jacobi that the Council accept the recommendation of the City Manager and the Assistant City Engineer and approve the work under contract to Daniel Brothers Company and authorize final payment in accordance with the provisions of the contract, Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the City Manager that the City enter into an agreement with the Glasser-Miller Mortuary whereby they provide ambulance service for all calls made by the Police Department. He explained that the Police Department finds it necessary to call an ambulance on many occasions; that Glasser-Miller collects for said calls and if uncollectible submits a bill to the Department; that the City Attorney then attempts to collect; that unsuccessful collections cost the City approximately $700,00 per year. That Glasser-Miller will provide ambulance service for all calls I made by the Police Department and will absorb the loss of unpaid bills (with the exception of transportation to County General Hospital or Prison Ward by request of said Department) if the City will install a two-way radio in their ambulance at the City's expense and the City to provide maintenance; said radio to be used only for calling and dispatching the ambulance for police service; that the agreement is subject to renegotiation at the end of one year if unsatisfactory to either party. He added that the cost of installing a Motorola radio in the ambulance would be approximately $580,00; maintenance approximately $25.00 per year; replacement of radio approximately every seven years; estimated cost to the City for radio, installation and maintenance approximately $108.00 per year. 14. 9-16-58 I I LIBRARY ~i~ Circuit)~O 1~ REFUND (Russell) ~4~~ 4392 Councilman Reibold moved that the Council approve the recommendation of the City Manager and that the City Attorney be instructed to prepare contracts covering the items as set forth above with Glasser-Miller Mortuary; that funds for same in the amount of $600.00 be transferred from the Council Contingency Fund 109-l9b to the Police Communication account 120-22, and that the Mayor and City Clerk be authorized to execute said contracts in form approved by the City Attorney. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the Library Board of Trustees that the Arcadia City Library enter into a Joint Powers Agreement for a film circuit with the District of Buena Park, the County of Los Angeles and the Cities of Long Beach, Redlands and Santa Barbara. Councilman Camphouse explained that this agreement was for the purpose of providing for the creation and establishment of a common pool or supply of film and audio-visual materials to be made available to the public library of each of the contracting agencies on a participating basis, which will increase the availability of a more extensive supply of such material. The City Attorney added that this agreement would remain in force and effect until such time as a majority of the members agreed to terminate; that any member has the right to terminate its membership at any time provided, however, that such member shall not be entitled to any refund as to funds heretofore paid into the joint fund. That in the event a majority of the members shall elect to terminate the agreement in its entirety all properties shall be divided equally among each contracting member. Councilman camphouse moved that the Council accept the recommendation of the Library Board of Trustees and that the Arcadia Public Library be granted permission to enter into a Joint Powers Agreement, in form approved by the City Attorney, for a film circuit with the District of Buena Park, the County of Los Angeles and the Cities of Long Beach, Redlands and Santa Barbara and such other members as shall hereinafter qualify, and that the Mayor and City Clerk be authorized to execute the necessary documents, Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Request for authorization to refund the sum of $18.75, being the unused portion of the investigation fee deposited by Patrick Russell, 229 Woodruff Avenue, Arcadia, in connection with his application for a business permit. Motion was made by Councilman Balser that the City Clerk be authorized to refund the sum of $18.75 to Patrick Russell, 229 Woodruff Avenue, Arcadia, being the unused portion of the investigation fee deposited by Mr. Russell in connection with his application for a business permit. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 15. 9-16-58 4393 AUDIENCE PARTICIPATION No one in the audience desired to be heard. MATTERS FROM CITY OFFICIALS AGREEMENT (Traffic Signals) , -I . \~.; RESOLUTION No. 3058 / " :/ ~('.1 . CITY PROTEST ,-~;) f:!"'.t..... ~ Recommendation of Director of Public Works that the Council approve the submitted second supplemental agreement covering proposed expenditure of gas tax funds within the City for modification of traffic signals and safety lighting at the intersection of Huntington Drive with Santa Anita Avenue, First Avenue and Second Avenue. That this particular budget is financed $7500.00 from the City's Major City Streets Funds and in the amount of $8000.00 from State Highway Budgeted Funds. I Councilman Balser moved that the Council accept the recommendation of the Director of Public Works and approve the second supplemental agreement as submitted covering proposed expenditure of gas tax funds within the City for modification of traffic signals arid safety lighting at the intersection of Huntington Drive with Santa Anita Avenue, First Avenue and Second Avenue; same to be financed $7500.00 from the City's Major City Streets Funds and $8000,00 from State Highway Budgeted Funds, and that the Mayor and City Clerk be authorized to execute said document. Motion seconded by Councilman Jacobi and carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None In conjunction with the above the City Attorney introduced Resolution No. 3058, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING BUDGET AND APPROVING SECOND SUPPLEHENTAL MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR NAJOR CITY STREETS." Councilman Jacobi moved that the reading of the full body of Resolution No. 3058 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3058 be introduced. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, ,Jacobi, Reibold, Phillips NOES: None ABSENT: None I The City Manager reported that the City has received a notice from the State Water Rights Board of the State of California of Application No. 18130, being an application made by the County of Los Angeles to appropriate 0.016 cubic feet per second from springs in Harris Canyon and Tributary Canyon, both tributary to Clamshell Canyon which in turn is tributary to Santa Anita Wash. He added that in aprevious and nearly parallel case, the cities of Pasadena, Sierra Madre and Arcadia successfully protested such an application. That the protests were made on the premise that the waters of Clamshell Canyon contribute to the safe yield of Santa Anita sub-area of the Raymond Basin, and that all of the ground waters of the basin were adjudicated as set forth in the Judgment of the Superior Court in Case No. Pasadena C-1323 and that there is no unappropriated water in the watershed contributary to the basin, 16. 9-16-58 j, I I ANNUAL FINANCIAL REPORT l--"--''''D L.;..J -A.I.. REPORT (Alley) NcJ COMMUNICA1'lONS (L. A. Turf Club) IZ~ .::::;::;n (A. A. U. W.) (Mayor Phillips re J. I.C.) 4aS4 He continued that it is both the recommendation of the Water Superintendent and himself that in order to protect the City's interests in this matter, that Council authorize the City to enter a protest in the present application. Councilman Balser moved that the Council accept the recommendation of the City Manager and the Water Superintendent and authorize the City Attorney to file a protest on behalf of the City in the present application as above outlined. Councilman Camphouse seconded the motion and it was carried unanimously. The City Manager read a letter received from the Municipal Finance Officers Association stating in part that a Certificate of Conformance has been granted Arcadia for the Annual Financial Report of the City for the fiscal year ended June 30, 1957; that the report prepared by Arcadia conforms substantially with the high standards for financial reporting and that Arcadia is the 65th governmental unit in'the Country and the 11th in the State to receive the coveted certificate for distinguished financial reporting. Mayor Phillips stated that such certificates are merited by the excellence of operation and knowledge of individuals who know their business, and commended Mr. Lawrence W. Larson, the City Controller, for bringing this recognition to the City. The City Attorney reported on the status of the alley in the rear of Baldwin Avenue at Naomi Avenue, stating that all required dedications for both the alley and Baldwin Avenue have been received, with the exception of two lots; that as to one of these lots, the Baldwin Avenue dedication had already been received and the party has agreed to dedicate the alley portion when the owner of the corner lot dedicates the alley portion; that the other lot is located at the corner of Naomi and Baldwin; that there are physical problems due to the development of the property, the owner of a portion of said property being willing but being bound by a contract under which he purchased the property not to remove any improvements; that it is hoped that some firm arrangement may be arrived at by the time of the next Council meeting, He added that the Engineering Department is of the opinion that it would be impractical to widen Baldwin Avenue until all of the dedications have been received. The City Clerk read a communication from Robert Strub, Assistant General Manager of the Los Angeles Turf Club, Inc., Arcadia, expressing their appreciation for the fine service rendered them by the Arcadia Fire Department. The City Clerk read a communication from the Arcadia Branch of the American Association of University Women, stating in part that it is their intention to postpone their contemplated impartial study of the government of the City of Arcadia until such time as the controversy regarding council-manager vs. council-mayor form of government is resolved. Mayor Phillips stated that he felt the letter was timely enough to be read at this meeting because of the publicity in the press. Mayor Phillips announced that the Joint Interim Committee on Highway problems will meet for two days September 22 and 23, 1958, in Los Angeles at 9:30 A.M. That Los Angeles County is invited to present testimony at the hearing of September 22, 1958. That the purpose of these hearings is to examine into the local impact of statewide freeway and expressway systems. He added that he 17. 9-16-58 4395 thought it might be well if the City Manager requested either Mr. Lortz or Mr. Forbes, or some representative of the City to attend, to find out what if anything it means to the City of Arcadia. (Mayor Phillips Mayor Phillips commented on his attendance at the American Miami Conference)Municipal Congress for Mayors in Miami, Florida September 10 to 13, 1958; that he had brought back with him copies of " all papers given and would bind same and present copies to the Councilmen; that he thought there was some interesting reading in said papers regarding city government. He added that he would supply the Council with a full written report on his attendance, ADJOURNMENT Councilman Camphouse moved that the meeting adjourn. Councilman Jacobi seconded the motion and it was carried unanimously. f"F,{Od~ ATTESr-:, ~~~~ City Clerk 18. 9-16-58 I I