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HomeMy WebLinkAboutDECEMBER 16,1958 I no,,,,,,,,,,, PLEDGE ROLL CALL HEARING (Bard) ",( ,;j..J" '" I HEARING (0 I Connor) A- . , 4491 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 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 o'clock P.M., December 16, 1958. The Invocation was offered by Rev. Thatcher Jordan, Pastor of the Church of the Good Shepherd. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT: ABSENT: CouncIlmen Balser, Camphouse, Reibold, Phillips Councilman Jacobi Planning Commission member Frank Vachon and Recreation Commission member Ralph Norton were seated at the Council table also. The City Attorney recommended, in reference to the matter of the application of Oscar Robins (dba Bard Distributing Company) for a business permit to allow the installation and operation of four skill games in the Santa Anita Bowling Alley at 188 West Las Tunas Drive, that it be continued to the next regular Council meeting since the Staff is further studying the sicuation. Rev. Thatcher Jordan, Pastor of the Church of the Good Shepherd, addressed the Council, stating chat both he and his 16 year old son frequent this bowling alley; that he had noted its clean, wholesome atmosphere and the excellent group of people pacronizing it, and that with refe,rence to the requested permit for the skill games, he wished to inquire if the so-called "pin-ball game" is a gambling device. The City Attorney replied that the City of Arcadia does not permit "pin-ball games" in the stricter sense; that the type of games applied for, is amusement devices such as the electronic eye gun that shoots animals, skee-ball, and the like, as distinguished from pin-ball. That under consideration by the staff, for recommendation to the Council, is further implementation of the City's ordinance to eliminate, to ~he extent that can be done by legislative feat, the opportunity to use even that type of amusement device as a means of petty gambling. H~ added that at the present time chis type of game is permitted under a permit issued by the Council, which permit must be issued unless the Council finds, from the evidence presented, that the issuance of the permit or the conduct of the business under che requested permit, will itself constitute a public nuisance or a menace to the health, morals or welfare of the community; that too often" although that may be suspected it is not capable of being borne out in the testimony presented, and that it is to further the enforcement angle that the staff is asking for further time to make additional recommendation to the Council. Mayor Phillips then stated that the hearing on this matter will be continued to the next regular Council meeting. Mayor Phillips declared the hearing open on the application of D. O'Connor and Wm. C. Thompson (dba O'Connor Publishing Company) for a business permit to sell tip sheets during the 1958-59 racing season. 1. 12-16-58 " 4D.92 (0' Connor Hearing Continued) 1 ~ tjb '/ To Mayor Phillips' query as to whether any communications had been received the City Clerk read a communication received from R. S. Seares, Chief of Police, which stated in part that his department had made a thorough investigation of the applicant William Columbus Thompson, 7339 Genesta, Van Nuys (business address: 619 S. Broadway, Los Angeles) in connection with his application, and that on the basis of his past activities as disclosed by records of his department, and on the basis of confidential information concerning his past activities elsewhere, which information has been made available to the Council, that he strongly recommended that, this application be denied. The City Attorney commented that the application itself is an application for a new license as distinguished from an application for a renewal license. I Mayor Phillips inquired if either of the applicants desired or wished to address the Council to add anything to the application as submitted and possibly answer some questions. Mr. William C. Thompson, one of the applicants, addressed the Council, and stated that his company has been licensed by every city that has a race track except Arcadia so far chis year, this being their first application at Santa Anita; that some ten years ago Mr. O'Connor had a license here; that he has been a partner of Mr. O'Connor only this year. The City Attorney stated that if the applicant had finished making any statements he wished to make he would like to ask him a few questions. A complete transcript of the within hearing is on file in the office of the City Clerk. The following is a summary of the testimony presented: That Ex-Jockey O'Connor and William C. Thompson are partners doing business as O'Connor Publishing Company, disseminating race information. That no one else presently has any interest in this business; that this is Mr. Thompson's first year with Mr. O'Connor; that Mr. Thompson was arrested for and plead guilty to a violation of Ordinance No. 884 at Santa Anita Race Track. That the company maintains a Los Angeles office during the Arcadia race meet; that applicant William Columbus Thompson was twice arrested and convicted for bookmaking; that numerous complaints of bulldogging practices have been made against this particular tip sheet; that within the last year three arrests for tip sheet dropping in violation of city ordinance No. 884 were made wherein applicant's tip sheet was involved; that in the past applicant's business has been conducted in such a manner as to constitute the practice of touting by inferring that the operators of the business have inside information and racing connections not available to others; that particularly applicant Thompson has been frequently ejected from race tracks in California for practices inimical to horce racing. Applicant Thompson admitted prior convictions for offenses related to horse racing and admitted that in I previous years bulldogging and tip sheet dropping practices had'been engaged in by the company for which application was now made but that the company's policies had been revised and that no further violations would occur. ' Motion was made, seconded and carried that the hearing be closed. After discussion of the evidence presented and of the tip sheet problem in general, Councilman Camphouse moved and Councilman Reibold seconded that this Council, based upon the evidence presented at this hearing, does hereby find and determine that the issuance of the permit as requested and the conduct of the business thereunder will be detrimental and injurious to the welfare and morals of this community, and for that reason that the requested permit be and the same is hereby denied. 2. 12-16-58 I I HEARING (Fire Prevention Code) IHDEX:D ORDINANCE No. 1038 (Adopted) InDEXED ORDINANCE No. 1041 (Emergency) :. ~{t93 Mayor Phillips declared the hearing open on the matter of the , adoption of the Fire Prevention Code as recommended by the National Board of Fire Undex.yriters. He inquired if any person interested in the matter of the adoption of this uniform fire code, as introduced by Ordtnance No. 1038 at the Council meeting of November 18, 1958, or in any provision thereof, desired to be heard. No one desiring to be he,ard Councilman Balser moved that the' hearing"be Closec. Councilman Reibold seconded the motion. It was carried unanimously. The City Attorney explained that this is part of the City's program to obtain a better fire rate within the City; that in some instances it is more restrictive than the fire prevention code which has been in effect in the City for many years, but that this was purely a local ordinance and served its purpose during the period of time it was in effect; that Ordinance No. 1038 will adopt the fire prevention code as recommended by the National Board of Underwriters with a few additions added thereto to meet local conditions and adopt by reference a number of the secondary codes which set up the various standards that are referred to in the basic code itself. The City Attorney then presented for the second time, discussed and read the title of Ordinance No. 1038, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE A PRIMARY CODE ENTITLED 'FIRE PREVENTION CODE' (EDITION OF 1956) AND ALSO THE SECONDARY CODES REFERRED TO IN SAID PRIMARY CODE, AND REPEALING ORDIN~CE NO. 775." Councilman Balser moved that the reading of the full body of Ordinance No. 1038 be waived. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Councilman Balser further moved that. Ordinance No. 1038 be adopted. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi The City Attorney suggested that the Council take emergency action on Ordtnance No. 1041, drawn in anticipation of the forthcoming horse r'acing meet at Santa Anita Race Track, in order that the City might avail ttself of the recent amendments to the Vehicle Code penni rting the towing away of vehicles parked contrary to local ordinance; that the City has expended large sums of money to complete the installation of electric traffic control devices at the intersections of major traffic arterIals leading t,o and from said race track and t.hat in order to insure proper traffic control and movement it is necessary to provide control of wrongfully parked vehicles. He added that this beIng an emergency ordinance it will become effective, immediately upon its adoption. Whereupon he presented and read in its entirety Ordinance No. ]041 entitled; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 728 OF SAID CITY BY ADDING THERETO A NEW SECTION NO. 61~'A." Councilman Reibold moved that Ordinance No. 1041 be declared an emergenc,y ordinance and be adopted. Motion seconded by Councilman CamphOl.Jse" Mayor Phillips then queried as to whether the tow-away zones ar~ already determined, to which the, City Attorney t'eplied that the 3. 12-16- 58 ~L194, (Ordinance No. 1041 Continued) ORDINANCE No.' 1042 (Introduced) INDEXED RESOLUTION No. 3091 ZONE VARIANCE (Jewish Community Center) '1 Lf (/1-- areas on which parking is prohibited become tow-away zones by the placing of additional signs in addition to the restrictive parking signs. A roll call of the above motion was then taken as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi The City Attorney presented for the first time, discussed and read the title of Ordinance No. 1042, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 1003 OF SAID CITY, BY ADDING THERETO SECTION 4-A." I He explained that Ordinance No. 1003, which was adopted December 17, 1957, set up certain requirements for improvement of curbs, gutters and sidewalks in commercial and industrial areas concurrent with the improvement of the abutting properties with no exceptions; that section 4-A contained in Ordinance No. 1042 provides that when practical difficulties or unreasonable hardships result inconsistent with the general purpose of the basic ordinance by reason of the strict interpretation and application of the provisions of the ordinance, the owner, lessee, tenant or contractor may appeal to the City Council, setting forth in writing the particulars in which the ordinance is unreasonable or oppressive; that the Council then may consider such evidence and render its decision. He continued that Ordinance No. 1042 sets up the machinery, in the nature of a variance procedure, to make exceptions or modifications in individual cases. Councilman Camphouse moved that the reading of the full body of Ordinance No. 1042 be waived. ~lotion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reib01d, Phillips NOES: None ABSENT: Councilman Jacobi The City Attorney suggested that Resolution No. 3091 be taken up at the Council meeting of January 6, 1958. Planning Commission Resolution No. 318 recommending the granting of a zone variance to allow the. constructIon and operation of a temple and religious school at the northwest corner of Foothill Boulevard and Second Avenue. Councilman Reib01d remarked that he had been present at the Planning Commission meetings when this matter had been before them and would like Mr. L. M. Talley, the Planning Secretary, to explain to the Council what has transpired. I'Ihereupon Mr. Talley described the proceedings in detail, to wit: that the southerly portion of the property facing on Foothill Boulevard is zoned C"2 and the northerly portion facing on Sycamore Avenue is zoned R-l; that all of the property fronting on Foothill Boulevar~ in the vicinity is zoned for commercial purposes, and that the variance is recommended upon conditions outlined in Planning Commission Resolution No. 318. He added that the religious school is not to be conducted as a regular parochial school but only two hours a day after public school hours. I The City Attorney pointed out the fact that although the Planning Commission recommended that the portion of the building within the C-2 zone and No. 1 Fire Zone shall be relieved of the construction requirements of No. 1 fire zone, that there are still fire provisions of the Building Code based on the occupancy factor so that not all protective measures would be waived. That all other conditions of the Building Code affecting any other church or school in any location in the City must be complied with. 4. 12-16- 58 I I (Zone Variance Jewish Community Center - Continued) ~I'.J ZONE VARIANCE (Tony Panzich) " ~"f" . . 4bil95 A general discussion ensued. Councilman Camphouse expressed concern over the numerous zone changes approve,d by the Council and commented on the seeming lCeluctance of property developers to seek land in areas more suitable or adaptable to their objective, i~e. where zone changes would not be necessary~ particularly property zoned R-l being changed to c-2. Mayor Phillips and Councilman Balser agreed with this sentiment. Councilman Reibold stated that although he agreed in part with Councilmav Camphouse he felt that it is seldom possible to locate a church or a school where everyone is completely satisfied; that he felt t:hat the Planning Commission and the people should be commended on their willingness to arbitrate and compromise on this matter; that thts was an indication of democracy at work on a local level, and that he moved that the City Attorney be instructed to prepare a resolution accepting the Planning Commission's recommendation as contained in their Resolution No. 318, recommending the gr'anting of a zone variance to allow the construction and operation of a temple and relIgious ,s,chool at the northwest corner of Foothill Boulevax'd and second Avenue. Dr. Kent A. Nebeker, 43 East Foothill Boulevard, addressed the Council, stating in pact that the group of area residents who had e,a'diec' opposed portions of the variance proposal is still opposed to the variance" Councilman Camphouse stated that although he was not in favor of the recommended zone, variance he, would second Councilman Reiboid' s motion. Planning Commissioner Vachon explained that the Community Center group had enough property to develop their edifice with no neee for a zone variance, and that they could have purchased land across the stree,t, for a parking lot, but that it was the opinion of the Planning Commission that it was better to have a parking lot adjacent to the church, thus avoiding the traffic congestion caused by people crossing the stre.et. '='afo.t'e, and aft.er church services. Mayor Phillips stated that although, as Dr. Nebeker had stated, not everyone. was in perfect agreement; the fact that no furthe,r official appeal had been received made mandatary Council's presumption that all are in agreement; that there has been a motion made a!ld seconded., and in compli ance, with Councilman Camphouse' s requesc, that'e would be. a roll call on said motion. Whereupon the Mayor called for and H>,ceived the following roll call: AYES: Councilmen Balser, Reibold, Phillips NOES: Councilman Camphouse ABSENT: Councilman Jacobi Planning Commission Resolution No. 319, recommending "-he g~anting of a zone variance co allow the construction and operation of a 48 bed convale9cent home at 452-46~ West Huntington Boulevard. Mr. L. H. Tally displayed a map of the, proposed area, explained its proposed use and stated in part that although such use is not provided foc in Lhe present zone ordinance it is related to avd not incompatible with uses permitted in Zone C-O. Mayor Phillips inquired if the applicant desired to address the Council. MI'. Jack Hoyle, 1301 Bonnie Dune Terrace, Newport Beach, STated that he represented both the applicant, who was the present owner of the p!operty, and the group proposing to purchase said property should the requested zone variance be granted, in Which ",,,ent said group would construct and furnish the building and operate the convalesc.ent home. 5. 12-16-58 , ~\-'9a --j:j,~ "'" (Zone Variance - Tony Panzich) 'J 1.\~ ZONE VARIANCE (Lillian Vetter) 1104 Councilman Camphouse commented that he understood Mr. Hoyle's company planned to build four or five such homes and that he was sceptical as to the successful management of more than one or two such facilities. He then requested Mr. Hoyle to present briefly some of the background of the proposed plan of operation. Mr. Hoyle stated that among ,other services their plan was to cater to post-operative cases that require only nursing care, or such cases as lingering or fatal diseases, not contageous, that require 24-hour nursing service, the cost of which in the majority of cases would be prohibitive. He added that in answer to Councilman Camphouse's concern as to the efficacy of operating five or six such homes, that the service they will be able to render at the proposed nominal price range can only be successfully accomplished on a multiple basis with a central control. I In reply to various other questions of the Councilmen, he informed the Council that approximately 10% of the entire population is over 65 years of age; that of that percentage 10% are in such physical condition as to require some type of hospitalization or nursing care on a 24-hour basis not available at home or at prices they can afford; also that another great advantage to the morale of a patient is to remain in the center of his community, close to his relatives and friends. He also mentioned the cities where his company is operating at the present time on this same proposed basis and mentioned the approximate charges to be made for their services and the fact that under the State law no contagious disease cases, mental patients or alcoholics will be admitted to this home. Councilman Camphouse then moved that, although this type of operation was not particularly appealing to him, the Council accept the recommendation of the Planning Commission as contained in its Resolution No. 319, and approve the granting of a zone variance to Tony Panzich to allow the construction and operation of a 48 bed convalescent home at 452-464 West Huntington Boulevard. Motion seconded by Councilman Reibold and carrie,d on roll call vote as follows: AYES: Counci Imen Balser, Reibold, PhUlips NOES: Councilman Camphouse ABSENT: Councilman Jacobi Planning Commission Resolution No. 320, recommending the denial of the application for a zone variance to allow the construction and maintenance of a double garage with apartment above at 614 South First Avenue. Mr. L. M. Talley, Planning Secretary, explained that the primary reasons for the recommended denial are that, although the subject property is zoned C-2, the proposed plans do not meet the require- ments of that zone in that one-half of the area of each building must be devoted to commercial purposes'; that the building is proposed to be located in the 20-foot required rear yard and at the rear property line; that subject property is in the No. 1 Fire Zone which requires masonry buildings and the plans for the proposed building show a masonry wall on one side only. I Councilman Balser moved that the Council accept the recommendation of the Planning Commission and deny the application of Lillian Vetter for a zone variance to allow the construction and maintenance of a double garage with apartment above at 614 South First Avenue. Councilman Camphouse seconded the motion and it was carried unanimously. 6. 12-16- 58 I I LOT SPLIT No. '22[, (Tentative) -=p.jl.q LOT SPLIT No. 225 (Tentative and Final) I'll '/,) LOT SPLIT No. 226 (Tentati ve) 7,. TRACT No. 24181 (Final Map) 4LtJ97 Oscar E. Brandt, 1200 Louise Avenue Planning Commission recommendation for approval subject to the following specified conditions: 1. File a final map with the City Engineer. 2. Pay $25.00 recreation fee. 3. Deposit $25.00 for street lights. 4. Pay $35.00 for a water connection, without meter, advanced by the City. 5. Remove the 20' x 30' abandoned chicken house. Councilman Reibold moved that the Council accept the recommendation of the Planning Commission and that Lot Split No. 224 be given tentative approval subject to the above specified conditions. Motion seconded by Councilman Camphouse and carried unanimously. Roy S. Ashby, 535 Workman Avenue Planning Commission recommendation for approval subject to the following specified conditions: 1. File a final map with the City Engineer. 2. File a covenant to guarantee that this parcel will be used with Lot 27, Tract No. 6641. 3. Remove the existing buildings to clear the new lot line and cut any existing water lines. Councilman Balser expressed concern over R-l property becoming commercial property. He stated that he felt this should be a request for a zone variance first. He was assured by the other Councilmen that this split follows a pattern set in the immediate area. He then withdrew his objections. Whereupon Councilman Reibold moved that the Council accept the recommendation of the Planning Commission, and that Lot Split No. 225 be given tentative approval subject to the above specified conditions. ~~tion seconded by Councilman Camphouse and carried unanimously. Councilman Reibold further moved that, all conditions required prior to final approval having been complied with, the Council grant final approval of Lot Split No. 225. ~lotion seconded by Councilman Camphouse and carried unanimously. Almira Mary Krecker, 1122-1126 Louise Avenue Planning Commission recommendation for approval subject to the following specified conditions: 1. File a final map with the City Engineer 2. Install a sewer lateral for parcell on First Avenue 3. Pay $50.00 recreation fee 4. Deposit $50.00 for street lights 5. Pay $70.00 for two water connections, without meters, advanced by, the City. Councilman Reibold moved that the Council accept the recommendation of the Planning Commission and that Lot Split No. 226 be given tentative approval subject to the above specified conditions. Motion seconded by Councilman Balser and carried unanimously. Recommendation of the Planning Commission that final map of Tract No. 24181, located west of Santa Anita Avenue and north of St. Joseph St., consisting of 17 lots, be approved subject to the following conditions: , . " 1. Dedicate an easement for water lines along the east line of Lot 11. 2. RemOve the frame buildings from Lot 5, upon completion of a new building on Lot 4, or within one year, whichever date occurs first. 7. 12~16-58 "9';;;;' .~ li:~\. u ~- (Tract No. 24181 - Continued) ';-) ~? TRACT No. 24548 (Final) 14P BID RESULTS -:; '-Ire5 3. Pay the following fees and deposits: 17 lots recreation fee @ $25.00 $425.00 28 street trees @ 5.00 140.00 1 street name sign @ 25.00 25.00 3 steel street lights @ 150.00 450.00 4. Pay all inspection fees 5. All street improvements to be accepted by the City Council before final approval of the tract. Councilman Camphouse moved that the City Council accept the recommendation of the Planning Commission and approve final map of Tract No. 24181 subject to the terms and conditions specified above, and that the City Clerk be authorized and directed to endorse in due form such seal of the City of Arcadia thereon. Councilman Balser seconded the motion and it was carried unanimously. I Recommendation of the Planning Commission that final map of Tract No. 24548, located on Loganrita Avenue north of Altern Street, consisting of 23 lots, be approved subject to the following conditions: 1. Deed Lot 24 to the City in fee to control future extension. 2. Remove all buildings within the tract except the houses on Lots 7, 16 and 17. Remove all buildings across the tract line. 3. Provide all necessary rear line easements for utilities. 4. Remove that portion of the concrete slab from lot directly west of proposed Lot No. 6 so that a required 2 foot rear yard will be provided. 5. Remove guest house from Lot 16 prior to building on it. 6. Deed Lot 1 to the owner of Lot 5, Tract No. 13439. 7. Install all street improvements required by the subdivision,ordinance. 8. Pay all fees and deposits required by the subdivision ordinance as fo llows : 50 street trees @ $ 5.00 $250.00 2 street name signs @ 25.00 50.00 5 (estimated) street lights @ 150.00 750.00 22 lots recreation fee $ 25.00 550.00 9. The City shall accept the future street at the end of Altern Street, and abandon the unused portion of fucure street along Lot 5, Tract No. 13439. Councilman Balser moved that the City Council accept the recommendation of the Planning Commission and approve final map of Tract No. 24548 subject to the terms and conditions specified above, and that the City Clerk be authorized and directed to endorse, in due form such seal of the City of Arcadia thereon. Councilman Reibold seconded the motion and it was carried unanimously. The City Manager and the Assistant Water Superintendent reported that one bid had been received for the cement mortar lining of approximately 4,555 feet of 20-inch diameter riveted steel pipe for Second Avenue from Duarte Road to the St. Joseph Reservoir, from Pipe Linings, a divis'ion of the American Pipe and Construction Company of l,ilmington, California, in the total amount of $20,725.25. That this compares favorably with the estimate made for budget purposes of $22,000.00, Major Projects Item I, based on their experience with simil!ar work during the previous year; and that it is their recommendation that the contract for this job be awarded to Pipe Linings. I Councilman Reibold moved that the City Council accept the recommendation of the City Manager and the Assistant Water Superintendent and award the contract for the cement mortar lining of approximately 4,555 feet of 20-inch diameter riveted steel pipe for Second Avenue from Duarte Road to the St. Joseph Reservoir to Pipe Linings in the amount of $20,725;25, and that the Mayor and City Clerk be authorized and 8. 12-16- 58 (Bid Resul ts Continued) RESOLUTION No. 3089 I A ..:-- -1' RESOLUTION No. 3090 I ~l/\ .... I EXTENS ION OF TIME (Moulder) . / '\ \ Jy /' "99 . \"-,, .... '>i:"'" direcred to execute the contracc in form approved by the City Attorney and that all irregularities or: informalities in the bid process be waived. Said motion seconded by Councilman Reibold and carrIed on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman 'Jacobi .' The CIty Attorney presented, discussed and read the title of Resolution No. 3089, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF THE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTENANCE DISTRICT NO. 13." Councilman Reibold moved that the reading of the full body of Resolution No. 3089 be waived. Motion seconded by Councilman Camphouse and carried on roll call voce as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Counci.lman Re:ibold further moved that Resolution No. 3089 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse, R~ibold, Phillips NOES: None ABSENT: Councilman Jacobi The City Attorne,y presented, diacussed and read the title of Resolution No. 3090, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENIION TO FORM A LIGHTING MAINTENANCE DISTRICT, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES, FOR THE ~1AINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF MONTE PLACE, CANYON ROAD, CIELO PLACE, LEE AVENUE, LA RAMADA AVENUE, SECOND AVENUE, WINNIE WAY, ANDREWS ROAD, HAVEN AVENUE, NEWMAN AVENUE, LORENA AVENUE, EL HONTE AVENUE, PALM DRIVE, HUNGATE LANE, NINTH AVENUE, MAGNOLIA LANE, EIGHTH AVENUE, SANDRA AVENUE, MAGNA VISTA A"vENUE, THIRD AVENUE, LOUISE AVENUE, PAMELA ROAD, SANTA ANITA TERRACE, CAMINO REAL AVENUE, IVYLAND AVENUE, BIRCHCROFT STREET, SOUTH VIEW ROAD AND FAIRVIEW AVENUE IN SAID CITY, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT TIlEREOF." Councilman Camphouse moved that Resolution No. 3090 be waived. Balser and carried on roll call the reading of the full body of Motion seconded by Councilman vote as fo llows : AYES: Counc,ilmen Balser, Camphouse. Reibold, Phi 11 ips NOES: None ABSENT: Councilman Jacobi Councilman Camphouse further moved that Resolution No. 3090 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi The CIty Manager Pro Tempore, advised that Moulder Brothers, 'contractors, had requested an extension of time for the completion of the Huntington Drive beautification project and that while he did not, concure with the justification expressed by chem, he felt 9. 12-16- 58 IJ "on. ":l.:~'V1UI (Extens ion Moulder - Continued) 1? \I.\()-' COMPLETION OF WORK (Fischbach and Moore) 0-,') 1~ COMPLETION OF WORK (Warren Southwest) l'3\J;5f': LOT SPLIT No. 222 (Final) 1>\\'C their request should be considered in the interest of completing the project as quickly as conditions will permit and recommended they be granted a ten calendar-day extension subject to the following conditions: 1. Moulder Bros. may use a full work force with necessary equipment up to and including December 25 as well as on the non-racing days of December 28 and 29. 2. On Friday, Saturday, and Tuesday, December 26, 27 and 30 respectively, they shall not have any vehicles or equipment upon the traveled portion of Huntington Drive or any other streets in the vicinity of the race~track or contiguous to the work site between the hours of 10:30 A.M. and 1:30 P.M., nor after the hour of 3:30 P.M. I 3. All labor and equipment shall be restricted to the confines of the median strip within the limits of the project during the restricted hours on the days recited in Paragraph 2 above, and at such times no vehicles or equipment of Moulder Bros. or their sub-contractors will be permitted on the public streets or traveled portion of the street. Councilman Camphouse moved that the Council accept the recommendation of the City Manager Pro Tempore and grant Moulder Bros. a ten calendar-day extension of time to complete the beautification project on Huntington Drive, subject to the conditions specified above. Councilman Reibold seconded the motion and it was carried unanimously. Recommendation of the Director of Public Works that the Counc~l accept the work as completed under contract with Fischbach and Moore, Contractors, for the installation of the traffic signals under Project 45, Huntington Drive from Holly Avenue to Michillinda Avenue. Councilman Balser moved that the Council accept the recommendation of the Director of Public Works and approve the work under contract to Fischbach and Moore for the installation of traffic signals under Project 45, Huntington Drive from Holly Avenue to Michillinda Avenue, and authorize final payment to be made thirty-five days after this acceptance. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Camphouse, Reibold, Phillips None Councilman Jacobi Recommendation of the Director of Public Works that Council accept the work as completed of the resurfacing of various City streets by Warren Southwest. Councilman Balser moved that the Council accept the recommendation of the Director of Public Works and approve the work of Warren Southwest for the resurfacing of various City streets and authorize final payment to be made thirty-five days after this acceptance. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: I AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Recommendation of the Director of Public Works that Final Approval be given Lot Split No. 222 - A. & M. Realty Company, 1115-1121 Louise Avenue, as all conditions imposed have been fulfilled. .. \ 10. 12-16- 58 I I (Lot Split No. 222 Continued) All ,J ~-I- DOSHIER AVE. INDEXED .1'17 :3 PROPOSED ARCADIA AVENUE OPENING ,J~ l; ... '450:ll.. Councilman Reibold moved that Council accept the recommendation of the Director of Public Works and that Lot Split No. 222, A. & M. Realty Company, 1115-112l Louise Avenue" be given final approval. Motion seconded by Councilman Camphouse and carried unanimously. The City Manager Pro Tempore r'e,ported that in accordance with Council's request of December 2, 1958, the staff had reviewed the possibility of relinquishing that portion of Doshier Avenue easterly of Highland Oaks Drive, which was offered for dedication as a public street but not accepted. He elaborated further on his report and the report of the Assistant City Attorney (said reports being on file in the office of the City Clerk) and added that he had received a sugge,stion from the property owners in that area that a covenant be placed ac,ross the property for future street p'nposes, said covenant permitting the City to use the propercy for access to other properties to the east for recreation purposes. That he felt this suggestion would serve the best interests of both the City and the property owners involved, but that it should be made c,lear that the City has a storm drain easement in said area. To Mayor PhU,lips' query as to ",heche! such covenant would prohibit building upon the covenanted land the City Attorney replied that the covenant could be broadened to provide for no permanent type installation other than landscaping or ornamental type installation; He also mentioned that unde,r recent ame,ndments to the Streets and Highways Code you may now vacate an offer of dedication in the same way you vacate a dedicated and accepted street. " Whereupon Councilman Camphouse moved that the Council instruct the City Attorney to prepare the necessary documents relative to such proceedings in accordance wi th Council's thinking concerning vacating of this property and accept the covenant subject to no permanent improvements) and also to reserve a storm drain easement. Councilman Reibold seconded the motion and it was carried unanimously. .' Mayor Phillips announc.ed that a report. had been received from the Director of Public Works regardi,",g (he propose,d opening of Arc.adia Avenue, which report included an appraisal for acquiring the improved properties and the access to Baldwin Aven~e through C-2 property. He explained that this report was the result of the proposed rezoning of certain properties on Duarte Road between llolly Avenue and t.he present commercial zone near llaldwin Avenue and commented that on December 2, 1958 an emergency ordinance was adopted to prevenr any building in this area for a period of six months from tbat date. A general discussion ensued wherein it was questioned whether it would be advisable to proceed immediately under the 1903 and/or 1911 Acts or <<hether the sentiment of the people in the are,a should first be sa~pled because, as the City Attorney mentioned, if such proceedings are successful the costs are assessed back to rhe, land owne.rs but if not successful the City assume,s the cost. lc was, therefor'e, the consensus that before incur! ing the expense of .5 ~:":rrting proceedi ngs the people in the area be polle,d on the basis of the fi;;ures contained in the re.port, by way of a brief LeeteI' inqlJLring if they would be in favor of such proceedings which, if successful, would lead to the opening and improvement of a sexeet in that area; also apprising them of their approximate cost and the fact chat they could then divide their lots into two and thus recoup some of their investment. Whereupon Councilman Balser mOVEd t.hat the Council instruct the City Manager to ~~ite to the property owners involved, explaining the si tuation, quoting and stressing the approximate cost and mentioning the, fact that the Council wilL take a relatively dim view of rezoning without Arcadia Avenue being put through, and requesting their answers by the 10th or the 15th of January, 1959. Councilman 11. 12-16-58 4.502 (Proposed Arcadia Avenue Opening - Continued) camphouse seconded the motion and it was carried unanimously. The City Attorney then suggested that the Council request the Planning Commission to consider the institution of proceedings for the purpose of recommending an amendment to the zoning ordinance with reference to areas having excessively deep lots abutting INDEXEDexcessively deep lots, one of the requirements being that the rear ~?p yard shall be at the rear lot line instead of the rear of the building. PERSONNEL BOARD INDEXEb H'~';rr' RESOLUTION No. 3088 INDEXED SALARY INCREASE INDEXED Councilman Reibold moved that the Council accept the suggestion of the City Attorney and refer to the Planning Commission the problem of' these excessively deep lots. He added that Planning Commissioner Vachon being present would know the intent and concern of the Council and would explain the situation to the Planning Commission. Councilman Camphouse seconded the motion and it was carried unanimously. I Recommendation of the City Manager Pro Tempore and the Personnel Board that the classification of Street Inspector in the Engineering Division, Department of Public Works, be established; that the class specification as outlined be adopted; the salary at Schedule No. 30 ($409-$498 per month) be established; a car allowance of $40.00 monthly minimum provided; and that the following transfer of funds be made: Amount $2,454.00 210.00 300.00 $2,964.00 For Salary Retirement Mileage From Acct. No. 109-19B 109-19B 109-19B To Acct. No. 131-1 Retirement Fund 131-9 Councilman Reibold moved that the Council accept the recommendation of the City Manager Pro Tempore and the Personnel Board and approve .the classification of a Street Inspector in the Engineering Division, Department of Public Works, adopt the class specification as outlined, establish the salary at Schedule No. 30 ($409-$498 per month), provide a $40.00 monthly minimum car allowance and that the transfer of funds as outlined above be made. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3088, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CREATING THE POSITION OF STREET INSPECTOR IN THE CLASSIFIED SERVICE." Councilman Reibold moved that the reading of the full body of Resolution No. 3088 be waived. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi I Councilman Reibold further moved that Resolution No. 3088 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Recommendation of City Manager Pro Tempore that the salary of John Hayes, Water Superintendent, be raised from $783.00 to $805.00 per month, effective December 16, 1958. 12. 12-16- 58 I I (Salary Increase Hayes) RESOLUTION No. 3087 'lNDEXEl:I REFUND (Camden- Wilshire) I ,11 CONFERENCE (Lortz) INDEXED I) c- ^3 .".i:)u> Councilman Camphouse moved that the Council accept the recommendation of the City Manager Pro Tempore and that the salary of John Hayes, Water Superintendent, be increased from $783.00 to $805.00 per month, effective December 16, 1958, and that the amount of $143.00 be appropriated from unappropriated surplus in the Water Fund to the Personal Services Account No. 170.1 Water Fund. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3087, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 3031 BY CHANGING THE COMPENSATION OF THE SUPERINTENDENT OF THE WATER DEPARTMENT. Councilman Camphouse moved that Resolution No. 3087 be waived. Balser and carried on roll call the reading of the full body of Motion seconded by Councilman vote as follows: AYES: Councilmen Balser, Camphouse, Rei~old, Phillips NOES: None ABSENT: Councilman Jacobi Councilman Camphouse further moved that Resolution No. 3087 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Recommendation of the Director of Public Works that the Controller be authorized to refund to Camden-Wilshire Company the amount of $1,650.00. He explained that fees and deposits were collected from Camden-Wilshire Company for Tract No. 23145 in the amount of $3,750.00 for the installation of steel street light standards; that when the installation was made it was found that only 14 steel standards were required, a[ $150.00 each, or 1 total of $2,100.00 and that the balance of the street lights were, mounted on wood poles. Councilman Balser moved that the re,com:nendat.ion of the Director of Public Works be accepted and that the Controller be authorized to refund to Camden-Wilshire Company the amount. of $1,650.00 covering excess fees and deposits collected ft'om said Camden-Wilshire Company for the installation of stl'eet light standards in Tract No. 23]45. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Balser, Reibold, Councilman Camphouse Councilman Jacobi Phillips Request of Director of Public Works for authorization to attend the Institute of Transportation and Traffic Engineers Eleventh Annual California Street and Highway Conference at Berkeley, California from January 29 through 31, 1959. the Councilman Reibold moved that the Council approve the request of the Director of Public Works and authorize his attendance at the Eleventh Annual California Street and Highway Conference of the Institute of Transportation and Traffic Engineers at Berkeley, California from January 29, 1959 through January 31, 1959; expenditures to be substantiated by an itemized expense account 13. 12-16- 58 4::504 (Conference Lortz - Continued) EQUIPMENT (Fire Dept.) upon his return. Motion seconded by Councilman Camp house and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi Recommendation of Acting Fire Chief Laurence J. Way that the City present to the U. S. Forest Service in Arcadia the hose tower now at the present fire headquarters station, which will be of no further use to the Fire Department after operations are transferred to the new facility; that this can be done at no expense to the City as it will be removed by the U. S. Government. I Councilman Camphouse moved that the Council accept the recommendation of Acting Fire Chief Laurence J. Way and authorize the Fire Department to present to the U: S. Forest Service in Arcadia the hose tower now at the present fire headquarters station; this to be done at no expense to the City. Motion seconded by Councilman Balser and carried unanimously. COMMUNICATIONS (a) Request from Mother's Auxiliary of Boy Scout Troop 109, INDEXED Arcadia, to conduct a rummage sale on Saturday, January 17, 1959, in the Youth Hut at Longley Way School. 1 <\ \~ ql" ~.-3 ') 1;,Q *3c:0 BUSINESS LICENSE RENEWALS (LaDuke and Baedeker) ,} ,1-1 ')-\oy ~ Councilman Balser moved that Section 18 of Ordinance No. 737 as amended by Ordinance No. 823 be waived and that permission be granted the Mother's Auxiliary of Boy Scout Troop 109, Arcadia, to conduct a rummage sale on Saturday, January 17, 1959 in the Youth Hut at Longley l~ay School. Motion seconded by Councilman Camphouse and carried unanimously. (b) Communication from L. H. Lloyd, 605 West Walnut Avenue, regarding reconsideration of Ordinance No. 990. Mayor Phillips commented that this matter is now before the Planning Commission and ordered the communication filed. (c) Communication signed by G. G. Meade and Philip C. Cain requesting that the hearings scheduled for January 20, 1959 on their zone variance applications be postponed pending any proposed zone changes. Councilman Reibold moved that the hearings on the appeals of G. G. Meade and Philip C. Cain from Planning Commission recommendations for denials of zone variances, heretofore set for public hearings on January 20, 1959, be reset for April 21, 1959, and that the City Clerk give the required notices thereof. Councilman Balser seconded the motion and it was carried unanimously. '(d) Communication from Winton J. Heinz, 1424 Caballero Road, regarding water rates. Mayor Phillips ordered this communication filed. I Application of Marie LaDuke, 4351 Normal Avenue, Los Angeles, for renewal of business license permitting the sale of tip sheets (Duke's) during the 1958-59 race season. Application of Fred M. Baedeker, 1342 Sonora Avenue, Glendale, for renewal of business license permitting the sale of tip sheets (Baedeker Guide) during the 1958-59 race season. Motion made by Councilman Reibold, seconded by Councilman Camphouse and carried unanimously that the Council approve the applications of Marie LaDuke, 4351 Normal Avenue, Los Angeles, and Fred M. Baedeker, 1342 Sonora Avenue, Glendale, for renewals of their business licenses for the 1958-59 racing season, and that the provisions of Section 18 of Ordinance No. 737, applicable to previously licensed businesses, be waived. 14. 12-16- 58 REFUND (Remmers) 'I I .'lC,r,,;,;; ":l.:..:~U'UI Request to refund the unused portion of investigation fee in connection with the application of Richard James Remmers, 5640 Gracewood Avenue, Arcadia in the amount of $19.12; said fee having been deposited when making application for a business license. Councilman Camphouse moved that the Mayor and City Clerk be authorized to refund $19.12 to Richard James Remmers, 5640 Gracewood Avenue, Arcadia, being the unused portion of the investigation fee deposited when making application for a business license. Councilman llalser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: None ABSENT: Councilman Jacobi AUDIENCE PARTICIPATION No one in the audience desired to address the Council. MATTERS FROM THE CITY OFFICIALS Il'IDEXED A\~,J-QJ 1-'4 ' FIRE CHIEF (Appointment) INDEXED , "~ ,-+' ~~I.~ <,oM '1)/..' b PROPOSED ARCADIA AVE. OPENING (Ord.1040) I r\:" NS~ The City Manager Pro Tempore advised that the Arcadia Post No. 247, American Legion, has requested financial assistance of the City of Arcadia in giving their annual Christmas party for the children of Arcadia; that a similar request was denied last year and that no funds were appropriated in the current budget for this activity. Mayor Phillips moved that the Council deny the request of Arcadia Post No. 247, American Legion, for financial assist.ance in giving their annual Christmas party for the children of Arcadia, as no funds were appropriated in the current budget for this activity. Councilman Balser seconded the motion and it was carried unanimously. The City Manag~\ Pro Tempore informed the Council that a promotional examination for the position of Chief of the Fire Department was conducted on December 11, 1958; that Laurence J. Way, who has been Acting Fire Chief since the retirement of Chief Nellis, rated highest in said examination; and that City Manager Anderson has appointed him as Chief of the Arcadia Fire Department effective December 16, 1958. Mr. Wm. Gold, 455 N. LaJolla, Los Angeles, who had been out of the Council Chamber during the time alloted for audien~e participation, received permission to address the Council. He st ated that he was the owner of the property at 602 Fairview Avenue, and had been advised that his application for a building permit to construct a 40-unit apartment house was being held up because of an emergency ordinance (Ordinance No. .1040) adopted by the Council December 2, 1958 prohibiting construction on certain lots in that area, and that he would like a report as to rhe present status of the matter because of the loan situation. The City Attorney informed him that Council had acted in this matter earlier in the evening by determining to poll the property owners in the area as to whether or not they desired the commence- ment of proceedings for the opening of Arcadia Avenue. He added that,regarding Mr. Gold's remark as to being doubtful of the economic value of two short lots over one long lot, it takes affirmative action by the owner to request a division; that in the emergency ordinance the line was drawn at the center of his property, but that line would be moved to the rear as soon as the preliminary studies and decision is made, and that if the preliminary decision is that no street is feasible in that area then the restriction would be removed. He added that the property value is not the only question, 15. 12-16-58 "'C~G'~ -::..:u; 'U' ~ but the rendition of emergency services on those abutting deep lots which, if developed, can pose a problem also. Mayor Phillips then assured Mr. Gold that he would be kept apprised of all developments and that if he desired figures concerning approximate proposed assessments regarding his lot he could obtain them from the City Engineer. (Camphouse) INDEXED Councilman Camphouse suggested that the Staff prepare information, including figures, regarding the matter of the signalization on Colorado and Baldwin Avenues. He was advised that a traffic count is in progress there at the present time. N7~ Councilman Camphouse commented on the problems of the City regarding the "Y" on Huntington Drive and the City Engineer informed him that he is meeting with the Highway Division representatives regarding this matter. I (Reibold) INDEXED I~sf Councilman Reibold requested the City Engineer to investigate the matter of certain barricades near the intersection of Colorado Place and Harvard Avenue which obscure the vision and are a traffic hazard. (Phillips) Mayor Phillips mentioned that he had received communications from the following: Mr. Wm. D. Millard, former Mayor of Arcadia, summar~z~ng the background of the City water situation from 1917, and recommendations thereon. 1;27/ Ernest E. Kranz, 803 W. Huntington Drive, Monrovia, regarding the proposed freeway. INDEXED Keith B. Galvin, President of Galvin Chevrolet, 850 S. Baldwin Avenue, Arcadia, commending the Controller on the handling of a recent purchase by the City. ADJOURNMENT Mayor Phillips moved that the meeting adjourn to December 30, 1958 at 7:30 P.M. Councilman Camphouse seconded the motion and it was carried unanimously. ~oJ) m r- ~ Mayor ~ ATTEST: e~'ea/5j~, City Clerk /' I 16. 12-16- 58 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA I ADJOURNED REGULAR MEETING DECEMBER 30, 1958 Pursuant to the foregoing regular meeting of the City Council of the City of Arcadia, the City Clerk appeared at the time and place of adjournment. There being no Councilmen present she declared the meeting adjourned sine die. ~J9fE(II_~ Mayor ~.'::! ATTEST: /)~;-. -, (L Lz ~ll~ City Clerk I