Loading...
HomeMy WebLinkAboutFEBRUARY 3,1959 1 1 INVOCATION PLEDGE ROLL CALL HEARING (Uniform Building Code) ORDINANCE No. 1046 (Adopted) IHDEXED ORDINANCE No. 1047 (Adopted) 04535 HINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 3, 1959 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., February 3, 1959. The Invocation was offered by the Rev. Lyndell Cheeves, Pastor of, the Arcadia Church of Christ. Hayor Phillips led in the pledge of allegiance to, the flag. PRESENT: ABSENT: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips None The City Attorney stated that at the Council meeting of'January 20,,1959;, the Staff had recommended that the 1958 edition of the ,Uniform Building, Code be adopted by reference; that Ordinance No. 1046 was introduced at that time and a public hearing scheduled at that time and'notice duly given. Hayor Phillips declared the hearing open and inquired if anyone in the audience desired to be heard with reference thereto. No one desiring to be heard, Councilman Jacobi moved that the hearing be closed. Councilman Camphouse seconded the motion and it was carried unanimously. Whereupon the City Attorney presented for the second time, discussed and read the title of Ordinance No. 1046, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE A PRIMARY CODE ENTITLED 'UNIFORM BUILDING CODE' (EDITION OF 1958) AND ALSO THE SECONDARY CODE REFERRED TO IN SAID PRIMARY CODE, AND REPEALING ORDINANCES NOS. 518, 536, 547, 578, 593, 609, 656, 668, 687, 709, 736, 822 AND 826." Councilman Jacobi moved that the full reading of Ordinance No. 1046 be waived. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Ordinance No. 1046 be adopted. 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 The City Attorney likewise presented for the second time, discussed and read the title of Ordinance No. 1047; entitled: "AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CREATING AND' ESTABLISHING FIRE ZONES WITHIN SAID CITY." He added that this re-establishes the fire zones as provided in' the 1958 edition of the Uniform Building Code just adopted. 1. 2-3-59 04536 HEARING (Amendment Ord. No. 760) I.r. 1"'- ORDINANCE No. 1045 (Adopted) '13:; I RESOLUTION No. 3101 (Lee Avenue) INDEXED Councilman Reibo1d moved that the reading of the full body of Ordinance No. 1047 be waived. 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 Councilman Reibold further moved that Ordinance No. 1047 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse. Jacobi, Reibold, Phillips NOES: None ABSENT: None ", 1 Planning Commission Resolution No. 322 recommending amendment of Zoning Ordinance No. 760 to limit building he!gbt in R-O, R-1, R-2 and R-3 zones. The City Attorney commented that the p~ceedings were instituted on Planning Commission's own motion and basically would amend various provisions of the zoning ordinance to the extent of amending the present building height limitation of two and a half stories to two 'stories in the respective zones wh$re two and a half stories have been a limitation; also that it alters slightly the definition of "Building Height". Mayor Phillips declared the hearing open and inquired if there was anyone who wished to be heard regarding said amendment. No one desiring to be heard, Councilman Balser moved that the hearing be closed. Council- man Jacobi seconded the motion and it was earried unanimously. Councilman Balser further moved that the Council accept the recommendation of the Planning Comm~asion and i~t the City Attorney to prepare an ordinance in conformance Wi~h their ~ommendations. Councilman Reibo1d seconded the motion and it was. carried unanimously. ." The City Attorney presented for the second time, discussed and read the title of Ordinance No. 1045, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING A SPECIAL ELECTION TO BE HELD ON THE TWENTY-FOURTH DAY OF MARCH, 1959, PERTAINING TO THE ANNEXATION TO THE CITY OF ARCADIA OF ANNEXATION NO. 17-A, SOUTHWEST ARCADIA INHABITED." Councilman Camphouse moved that the reading of the full body of Ordinance No. 1045 be waived. Motion seconded by Councilman Reibo1d and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold,,'Phillips NOES: None ABSENT: None 1 Councilman Camphouse further moved that Ordinance No. 1045 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3101, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS LEE AVENUE." 2. 2-3- 59 1 1 (Resolution No. 3101 - Continued) RESOLUTION No: 3102 (Weed Abatement) INDEXED j,/;J) 1 RESOLUTION No. 3103 (Special Election) INDEXED ? :,11 LOT SPLIT No. 231 (Tentative) t~~\" , 04537 Councilman Reibold moved that the reading of the full body of Resolution No. 3101 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Councilman Reibo1d further moved that Resolution No. 3101 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 ~he title of Resolution No. 3102, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN THE CITY TO BE A NUISANCE." Councilman Jacobi moved that the reading of the full body of Resolution No. 3102 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 Jacobi further moved that Resolution No. 3102 be adopted. Councilman Reibold seconded the motion and it was 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. 3103, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ARCADIA RELAT- ING TO THE CONDUCT OF A SPECIAL ELECTTON TO BE HELD IN "ANNEXATION NO. 17-A, SOUTHWEST ARCADIA INHABITED" ON MARCH 24, 1959." Councilman Balser moved that the reading of the full body of Resolution No. 3103 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 Balser further moved that Resolution No. 3103 be adopted. Councilman Reibo1d seconded the motion and it was cazzied on roll call vote as follows: AYES, Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Foothill Jewish Community Center, Sycamore Avenue west of Second Avenue - Planning Commission recommendation for approval subject to the following specified conditions: 3. 2- 3- 59 042:3~ (Lot Split No. 231 - Continued) TRACT No. 21618 13~t\ ZONE VARIANCE (Parking Lot) ~ ~q\ 1. File a'final map with the City Engineer. 2. Provide sewer laterals for parcels 2 and 3. 3. Provide new water connections, without meters, for parcels 1, 2, 3 and 4. 4. Pay $75.00 recreation fee. 5. Dedicate 5 feet for widening Sycamore Avenue, including a 20 foot radius at Second Avenue and Sycamore Avenue and at Second Avenue and'Foothill Boulevard. 6. Construct concrete curb and gutter along Second Avenue and along Sycamore Avenue. Councilman Reibo1d moved that Council accept the recommendation of the Planning Commission and that Lot Split No. 231 be given tentative approval subject to the above specified conditions. Motion seconded by Councilman Balser. 1 To Mayor Phillips' query as to whether this recommended lot split conforms with the zone variance that was granted, the City Attorney stated that the zone variance as recommended required the exemption from the variance of the northerly portion of the property; that the variance did not require approval of the requested lot split, but it was discussed and is in conformance with the other lots in the area. Whereupon Mayor Phillips called for a roll call vote of the requested lot split: AYES: Councilmen Balser, Jacobi, Reibo1d, Phillips NOES: Councilman Camphouse ABSENT: None The Director of Public Works advised that on June 4, 1958 Council approved Tract No. 21618, located on Greenfield Avenue north of Pamela Road subject to certain specified conditions, including condition No. 5 requiring Lot 12 being made 107 feet deep and the adjacent garage being moved. He displayed a map of said tract and added that a further survey of the property at 1500 South First Avenue indicated no appropriate space on the lot where the said garage might be placed; that the Planning Commission felt an equitable solution would be to increase the depth of Lot 12 approximately three feet, thus bringing the lot area above the required minimum; construct a six foot high masonry wall across the rear of the lot, increasing the height of the wall at the garage to provide a full masonry veneer wall on the east wall of the garage to roof height; roof drainage to be arranged so as not to drain onto Lot 12; and therefore recommended that Condition No.5 be amended to read as follows: "Make Lot 12 approximately 93 feet deep, and provide a six foot masonry wall at the rear line with a full masonry veneer wall on the east side of the adjacent garage, with roof drainage not to drain onto Lot 12." 1 Councilman Reibold moved that the Council accept the recommendation of the Planning Commission that Condition No. 5 be amended as specified above, and that Tract No. 21618 be given tentative approval as it affects said item 5. Upon being advised that the aforementioned wall would be approximately 25 feet from the adjacent property Councilman Jacobi seconded the motion and it was carried unanimously. PlannIng Commission Resolution No. 323, recommending the denial of the application of the Professional Square, Inc. for a zone variance on property at 639 Naomi Avenue. The City Clerk announced that the time for appeal had expired January 30, 1959 and that no appeals had been filed. 4. 2- 3- 59 1 1 (Zone Variance Parking Lot - Continued) 04539 Mayor Phillips stated that a detailed report on the matter had been received from the City Attorney, and Mayor Phillips suggested the matter be taken under advisement so that the Council might study the report and investigate the situation. Whereupon Councilman Jacobi moved that the Council accept such suggestion and take the matter under advisement for further study. Councilman Reibo1d seconded the '. motionG A general discussion ensued and the question of whether to chain and barricade the parking lot in question while the matter was pending was considered, during which time the following persons in the audience requested and received permission to address the Council : Mrs. Archie Wilson, 626 Naomi Avenue, protested the granting of a variance for a parking lot in an R-l zone. Mrs. Kathryn Grayson, 644 Naomi Avenue and James O. Warner, 1229 Lovel Avenue complained of lights from the property shining into their homes, and Mr. Warner also expressed the opinion that he was not against the medical building itself but just the brilliance of the lights. Councilman Reibold then suggested that a show of hands be permitted of those in the audience opposed to the granting of the variance and approximately 23 hands were counted, and to the request of a show of hands of those objecting to any change of zoning in the general area on any property, approximately three hands were counted. Councilman Balser then stated he desired to amend the motion to include the chaining of the subject lot while the matter was under advisement as he had noted much ingress and egress there. Councilman Reibold questioned the legality of such an action and the City Attorney stated that the City's ordinance does prohibit the use of residential property as access to commercial property, but that technically this is not access to commercial property but access from one street to a public alley which is used in turn to get to the commercial properties and that he doubted the enforceability by penal process of such a violation under the present wording of said ordinance. Councilman Reibo1d inquired of Mr. Shumacker, President of the corporate owners of said property, whether he would be willing to chain the lot while the matter was under advisement and he replied that he would be willing to do whatever Council requested; also as to the brightness of the lights, he would have them adjusted immediately. However, he added he would like it clarified as to what portion of the lot Council desired chained, whether the Naomi Avenue side or the alley entrance. To Councilman Balser's request that he desired both entrances chained Councilman Reibo1d stated that he did not think Council had the right to restrict a property owner from access to his property and that he felt chaining the lot on the Naomi Avenue side would be sufficient. Councilman Balser agreed to that compromise and Mr. Shumacker stated he would so do. Whereupon Councilman Jacobi moved that the matter be taken under advisement and during such period the lot in question was to be chained on the Naomi Avenue entrance and barricaded on the entrance to the alley. Councilman Reibold seconded the motion and it was carried unanimously. Mayor Phillips then assured the audience that when this matter is again placed on the agenda it will be thoroughly publicized. 5. 2-3-59 04540 OPENING ARCADIA AVENUE lip\.; ~'\ ORDINANCE No. 1049 ( adopted) INDEXED The Director of Public Works advised that on December 2, 1958 Ordinance No. 1040 was adopted as an emergency measure, prohibiting all building on certain lands lying adjacent to proposed Arcadia Avenue opening to allow the completion of a study of the feasibility of the project. That proposed plans for a 40 unit apartment house at 602 Fairview Avenue is being held in abeyance pending final determination as to the opening of Arcadia Avenue and that the staff has been endeavoring to devise a plan to enable the proposed construction to proceed without interfering with said contemplated opening. He displayed a chart showing the proposed apartment building and added that the following two possibilities are suggested: 1 (1) To reduce the proposed building to 36 units with the erection of the required permanent garages; the rear 55 feet of the property to be left open to provide 30 feet for one-half of Arcadia Avenue and 25 feet required front yard; that until Arcadia Avenue is open for traffic, the required open parking would be in the future front yard. Access to the parking would be by way of two ten-foot drives from Fairview Avenue; that after the completion of Arcadia Avenue, access would be changed to come in from Arcadia Avenue and the open parking would be moved from the front yard to the area between the garages and the apartment and the drives from Fairview Avenue could be abandoned and used for landscaping. (2) That if Arcadia Avenue is not to be opened, it is proposed to build the original 40 units, but to place the open parking at the rear lot line instead of between the garages and the apartments, leav- ing a minimum 16 feet open rear yard at the rear lot line. He added that the Planning Commission approves this plan in principle and recommends that Ordinance No. 1040 be amended as it applies to this lot to permit the construction of the project with the provision that no building be erected on the rear 55 feet of the property if Arcadia Avenue is to be constructed, and that no building be erected on the rear 20 feet of the property if Arcadia Avenue is not to be constructed. In the general discussion that ensued it was the consensus of the Council that in view of the favorable returns received from the property owners to be assessed for the proposed opening of Arcadia Avenue that proceedings should commence under the 1903 Act for such opening; also that the said emergency Ordinance No. 1040 be repealed and a new ordinance adopted which would remove the building restrictions on certain properties not required for Arcadia Avenue, and would permit the applicant to proceed with the No. 1 plan of erecting a 36 unit apartment building at 602 Fairview Avenue. Whereupon the City Attorney presented and read in its entirety Ordinance No. 1049, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROHIBITING THE CONSTRUCTION OF DWELLINGS AND STRUCTURES UPON CERTAIN LOTS AND PORTIONS OF LOTS IN SAID CITY AND REPEALING ORDINANCE NO. 1040." 1 He stated that the adoption of this ordinance would restrict the building prohibition to only that portion of the properties required for Arcadia Avenue as proposed, including required front yards, and would keep clear all areas required for rear yards as contemplate~ by the zoning ordinance amendment now under discussion by the Planning Commission, and would free the balance of the properties heretofore encompassed under Ordinance No. 1040 for construction, and in this particular instance would permit the erection of the aforesaid 36 unit apartment building as proposed by the applicant. Councilman Camphouse moved that Ordinance No. 1049 be adopted. Councilman Balser seconded the motion and it was carried on roll call 6. 2-3-59 (Ordinance No. 1049 - Continued) CITY ATTORNEY 1 LOT SPLIT No.' 223 (Final) ~\2\ l' TRACT No. 24122 UPPER SAN GABRIEL V ALLEY WATER ASSN. (Assessment and Dues) f 1\... ,\" 1 1 FORMATION OF CITIZENS' COMMITTEE (Water needs) INDEXED DISPOSITION OF CITY BUILDINGS INDEXED f'. ~tJ-<.! 04541 vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None The City Attorney temporarily left the Council Chambers. Councilman Reibo1d moved that Council accept the recommendation of the Director of Public Works and that final approval be granted R. E. Beckwith, 2432 South Sixth Avenue on Lot Split No. 223. Councilman Balser seconded the motion and it was carried unanimously. Recommendation of the Director of Public Works and the Water Superintendent that the Council accept Tract No. 24122 for maintenance, as all requirements have been complied with. Motion made by Councilman Camphouse, seconded by Councilman Reibo1d and carried unanimously that final approval be given Tract No. 24122 and that the streets be accepted for maintenance by the City. Upon recommendation of the Water Superintendent Councilman Balser moved that the Council authorize the payment of $561.54 to the Upper San Gabr.iel Valley Water Association covering its levy of assessment on the City of Arcadia for the quantity of water produced by the City and $25.00 covering the payment of annual dues to said association; that the appropriation for the payment of these items is provided for in the current budget, Account 170.36, Administrative expense. Council- man Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Councilman Camphouse stated that in this connection he wished to inquire as to the disposition of the $500.00 Council had authorized being contr.ibuted to this association at the January 20th Council meeting, and also the present status of the securing of an expert to furni.sh information and background on the water situation. He was advised that the $500.00 had been the City's contribution to the $20,000.00 needed by the Association for an educational program to acquaint the public of the area with the seriousness of the water situation. That with reference to the status of the City securing the services of an expert to acquaint the citizens of Arcadia with the water situation, of the several submitted and recommended by the Water Superintendent none had as yet been approved by the Council. In the general discussion that ensued it was suggested by Councilman Camphouse that a Water Commission or a Citizen's Committee be appointed to study all the aspects of the situation and give qualified opinions. It was the consensus of the Council that this might be the solution to the problem. Whereupon Mayor Phillips stated that the subject be given further study by the Council and that discussion would be held on the matter at the next Council meeting. Recommendation of the City Manager that since the building located at Vista Park is of substandard construction and does not meet the require- ments of the City's Building Code, and would require the expenditure of several thousand dollars to make it useful to any City Department, that it be disposed of by burning as part of the Fire Department's training program, all safety precautions to be taken and the site cleared by the Street Department. 7. 2- 3- 59 04. ~4.2 (Disposition of City building - Continued) CITY ATTORNEY The City Manager also stated that since the Council had heretofore declared its intention to use the site of the old Fire and Police Building at 50 Wheeler Street for public parking, that he recom- mended that the Council direct the staff to proceed with preliminary plans for the removal of said building and to report at a later date the estimated costs of the complete project. Councilman Balser moved that the recommendations of the City Manager be accepted and that the building located at Vista Park be disposed of by burning as part of the Fire Department's training program, and also that the staff proceed with preliminary plans for the removal of the old Fire and Police Building at 50 Wheeler Street, said'area to be used for parking, as previously stated, and that the staff report at a later date the estimated costs of the complete project. Council- man Reibold seconded the motion and it was carried unanimously. 1 The City Attorney returned to his seat at the Council table. CONFERENCE Councilman Reibold moved that the Council approve the request of ATTENDANCE Robert S. Seares, Chief of Police, and authorize his attendance at (Seares - the meeting of the Executive Committee of the California Peace Panatier) Officers Association in Fresno, California, February 19 and 20, 1959, INDEXEend also authorize his use of ,the regularly assigned police car for his transportation, and that other than this there will be no expense charged to the City. Councilman Reibold seconded the motion and it was carried unanimously. Councilman Balser moved that the Council approve the request of the Director of Recreation and authorize the attendance at the Annual Conference of the California Recreation Society, February 15-18, 1959 l~DEXEat Santa Monica, California, of the Director of Recreation and a member of the Recreation Commission; and that expenditures for same be substantiated by an itemized expense account upon their return, said funds being reflected in the current budget. Motion seconded by Councilman Camphouse and carried unanimously. BUSINESS Applications for renewal o( business license permits: PERMIT , RENEWALS l- 3,- C. R. Allen, 33 Morlan place - riding stables '1 ~ 4 Madge Garner, 1615 Lovell Avenue - child care. REFUND d{5 :f COMMUNICATIONS (Dunn) I , ') ~~'7 Councilman Camphouse moved that the City Council approve the renewal applications of C. R. Allen and Madge Garner and that the provisions of Section 18 of Ordinance No. 737 applicable to previously licensed businesses be waived. Councilman Reibo1d seconded the motion and it was carried unanimously. Councilman Jacobi moved that the City Clerk be authorized to refund the sum of $18.75 to Oscar Robins (dba Bard Distributing Company) 6238 Ben Avenue, North Hollywood, California, being the unused portion of the investigation fee deposited when making application for a business license. Councilman Balser seconded the motion and it was carried on roll call vote as follows: 1 AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips stated that the communication received from Mr. and Mrs. Harold V. Dunn, Sr., 3102 Carvel Drive, Santa Rosa, California, commenting upon the proposed opening of Arcadia Avenue, be filed with the file on said subject, and that it be considered in the light of the total picture of said project. Councilman Camphouse commented that any suggestions the staff might have in this connection be placed with said letter. 8. 2- 3- 59 1 1 04543 (Communications - Continued) (Hale) INDEXED (Hoeppel) ~ r", l' , ,.1~ COUNTY BOUNDARY COMMISSION [NDEXEIj Communication from Mrs. C. R. Hale, 60 N. Golden West Avenue, Arcadia, commending the City on the improvement in traffic control at the intersection of Hugo Reid and Golden West Avenues. Also commenting on lawn sprinklers spraying water onto the street. The City Manager stated that in this regard, if the Police Department is notified, it will advise the property owner to adjust the sprinklers. Communication from J. H. Hoeppe1 criticising the curb house numbering being performed and the charge involved. In the general discussion that followed it was stated that the house numbering crew tendered a card which stated that in other communities where they had performed similar work the usual contribution was $2.00; however. the resident is not compelled to payor donate any particular sum Notice by the County Boundary Commission that in accordance with Section 35002 of the Government Code that the City of El Monte has filed for the annexation of certain uninhabited territory known as Annexation No. 181, being a small portion of land lying northerly of the San Bernardino Freeway and east of Peck Road. Having no effect upon the City of Arcadia Mayor Phillips ordered the notice filed. AUDIENCE PARTICIPATION \~1"" '\ f \ Mr. Frank Viscio, 21 East Camino Real Avenue, Arcadia, addressed the Council, stating in part that as Special Projects Director for the American Little League of Arcadia, he was seeking permission for said League to use temporarily certain city owned property located at Duarte Road and Santa Anita Avenue; that the only installation would be a back stop wh~ch would be removed at the conclusion of their season or upon request by the City. In the general discussion that ensued it was the consensus of the Council that permission to use the land requested might jeopardize the approval by the County of the proposed use by the Little League of the land at the southwest tip of the Arcadia County Park. To Mr. Viscio's pessimism regarding receiving such approval in the very near future, he was informed that the County Counsel had ruled that the proposed use of the park land was within the intent of the deed restrictions. The Council was also of the opinion that the City has rendered every possible assistance to the League in providing playing facilities, but that every effort should be made by the organization to locate other playing fields which could be used on a more permanent basis; that this matter rightfully should be placed before the Recreation Commission. Mayor Phillips then stated that said matter would be referred to the Recreation Commission for recommendation. MATTERS FROM THE CITY OFFICIALS PROPOSED ARCADIA AVENUE OPENING \ J\;" 'J The Director of Public Works stated that at the request of the City Council a communication had been directed to each property owner to be assessed for the proposed opening of Arcadia Avenue, outlining the general nature of the project and the estimated cost to each owner; that replies were requested and received from a large majority of the owners, the results of which, after tabulation, are as follows: Between Baldwin Avenue and La Cadena Avenue Favor Favor (Conditional) Opposed No Answer 56.52'7. 4.67"1. 33.15% 5.71% 100.00% 9. 2- 3- 59 04.~4.l1: AUTHORIZATION FOR PAYMENT (Lybrand, Ross & Montgomery) 1 ".-Jo\ METHODIST CHURCH PROPERTY 1~11 Between La Cadena Avenue and Holly Avenue Favor Favor (Conditional) Opposed No Answer 57.91% 1. 80% 17.83% 22.46% 100.00% Two Blocks Combined Favor Favor (Conditional) Opposed No Answer 57.03% 3.58% 27.46% 11. 93% 100.00% ,.1.n ,,,- 1oo."~ 1 He also displayed a drawing indicating in various of the various percentages. A general discussion ensued and it was the consensus that since the majority of replies received indicate a favorable reaction to the proposed opening of Arcadia Avenue, that a petition should be prepared and circulated and the matter proceed. The City Attorney suggested that prior to the next Council meeting he obtain from a Special Counsel a proposal of the basis upon which he would handle these proposed proceedings, which he would then present to che Ccunci,1. Request by the City Manager for authorization to pay invoice in the amount of $4500.00 from Lybrand, Ross Bros. & Montgomery for examination of financial statements and accounts for the fiscal year ended June 30, 1958 and a review of purchasing and disbursement procedures. He added that the invoice has been checked with the contract with this firm dated February 26, 1958, and is in accordance therewith, and that funds for the payment of this invoice are currently budgeted in Account No. 109-5 in the amount of $5,000.00. Councilman Camphouse moved that the Council authorize payment of invoice in the amount of $4500.00 from Lybrand, Ross Bros. & Montgomery, in accordance with contract, for examination of financial statements and accounts for the fiscal year ended June 30, 1958 and a review of purchasing and disbursement procedures, funds for the payment of this invoice being currently budgeted in Account No. 109-5 in the amount of $5000.00. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Clerk advised that a letter had been received from the Church of the Good Shepherd, stating that the Church has opened an escrow to purchase the real property at 436 West Duarte Road and requested that the entire lot be rezoned R-2 so it may be used for Church purposes, including the parking of cars. 1 The Director of Public Works displayed a plat showing the location of the property in question and a general discussion ensued. The City Attorney stated that the City Council has jurisdiction to complete the rezoning of the entire area at this time as this was taken under advise- ment at the completion of hearings by both the Planning Commission and the Council; that the adjacent lot was recently rezoned to R-2 upon application of the church, and that anticipating that this lot would receive the same consideration as the adjoining lot he had prepared Ordinance No. 1048, which will reclassify to Zone R-2 the property described in the request of the Church of the Good Shepherd. 10. 2-3-59 1 1 ORDINANCE No. 1048 (Introduced) INDEXED COUNTY POUND AGREEMENT ~ t-\1/P FLOOD CONTROL DISTRICT t,(?1 EMERGENCY HELIPORT (Methodist !lospital) I /\ C..- ~ ~S 04.~45 Whereupon the City Attorney presented for the first time, discussed and read the title of Ordinance No. 1048, entitled: "AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY ON THE SOUTH SIDE OF DUARTE ROAD FROM R-1 TO R-2o" Councilman Reibold moved that the reading of the full body of Ordinance No. 1048 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES, None ABSENT: None Councilman Reibo1d further moved that Ordinance No. 1048 be introduced. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney advised that some time ago the City had executed a Pound Agreement with Los Angeles County, which agreement he had refused to approve until the deletion of certain "hold harmless" clauses which were entirely too broad and not, in his opinion, legally enforceable. That the County is now deleting the entire "Hold Harmless" clause from all County contracts and has submitted an amendment to the aforesaid contract, and he recommended that the Council authorize an amendment to an agreement entitled "Pound Services" in form approved by the City Attorney. Councilman Camphouse moved that' the agreement between the City of Arcadia and the County of Los Angeles, entitled "Pound Services", in form approved by the City Attorney, be approved by 'the Council and that the Mayor and City Clerk be authorized to execute the same. Councilman Balser seconded the motion and it was carried unanimously. The City Attorney advised that the Los Angeles County Flood Control District has requested in a letter dated January 26, 1959 two construction permits and a perpetual easement for flood control purposes for work to commence in the near future on the portion of the flood control project in the area of the golf course on city owned property and the Peck Road gravel property abutting Peck Road. Councilman Camphouse moved that a perpetual easement for flood control purposes and two construction permits for flood control construction projects be granted to the Los Angeles County Flood Control District in the Peck Road Spreading Basin (Parcel No. 1 Acquisition of Rights of Way)property, for the purposes and to the extent requested by said District in their letter to the City dated January 26, 1959, in the form approved by the City Attorney and subject to the written approval of the lessee in such instances as the approval of the lessee is required under the lease agreement. Councilman Balser seconded the motion and it was carried unanimously. Councilman Reibold commented that some time ago the Council had attended a trial or dedication of an emergency heliport at the Methodist'Hospita1 and recommended that Council authorize its use for emergency purposes. Whereupon he moved that in accordance with the provisions of that certain lease executed by and between the City of Arcadia and the Methodist Hospital of Southern California, permission is hereby granted to use that portion heretofore improved as a heliport site for use as a heliport site for the landing of emergency cases to be treated at the hospital itself. Councilman Jacobi seconded the motion and it was carried unanimously. 11. 2- 3- 59 04546 (Heliport - Continued) The City Attorney commented that the effect of this motion would not be to permit the site to be used for a heliport but only in connection with the hospital emergency cases. Mayor Phillips commented that along that line Council might be mindful of the possible need for a commercial heliport in the future as it seems to be becoming more prevalent to travel to the airports In that manner. LEAVE OF Mayor Phillips advised that pursuant to decision of the' Council, ABSENCE resulting from a physical examination given the City Manager, he (City INDEXElliad I'equested the City Attorney to draw a resolution granting the Manager) City Manager 90 days leave of absence with pay. RESOLUTION Whereupon the CI ty Attorney presented, and read in its entire'ty No. 3104 ResolutIon No. 3104, entitled: "A RESOLUTION OF THE CITY COUNCIL OF ~X-ll THE CITY OF ARCADIA, CALIFORNIA, GRANTING 90 DAY LEAVE OF ABSENCE J:NDl!> '" WITH PAY TO NEIL F. ANDERSON, CITY MANAGER." 1 APPOINTMENT OF CITY MANAGER PRO TEMPORE INDEx;:;;n ADJOURNMENT Councilman Reibo1d moved that Resolution No. 3104 be adopted. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips NOES: None ABSENT: None Recommendation of the City Manager that Council approve the appoint- ment of Lawrence E. Cook, Assistant City Attorney, as City Manager Pro Tempore during his leave of absence, adding that under section 503 of the City Charter, he has the authority to so do with council- manic approval. He mentioned that during the time he was stricken ill in October of 1958 the Director of Public Works had acted in the capacity of City Manager Pro Tempore in addition to his position of Director of Public Works and had performed a commendable job at that time, with t,he assistance of the Assistant City Attorney. That due to press of work scheduled for the Department of Public Works, he felt that this additional burden should not be placed upon Mr. Lortz at this tims but that Mr. Cook be permitted to perform the duties of City Manager Pro Tempore. A geneI'al discussion ensued, during which the City Attorney commented that during the time mentioned by the City Manager the Assistant City Attorney was assigned physically to the office of the City Manager to assist and handle all matters having any legal aspects, which complied with the CIty Charter, but that according to Section 601 of the City Charter, no office provided in this charter filled by appointment by the City Manager may be consolidated with an office to be filled by appointmant by the City Council, and that he would suggest the matter be held over for 24 hours to enable him to give it further thought and study in an effort to suggest a method whereby the recommendation of the City Manager could be complied with in conformance with the City Charter. 1 , .' Whereupon Councilman Camphouse moved that P.M. Februar: 4, 19)~. CouncL1man JacobL was carried unanimously. the meeting adjourn to 7:30 seconded the motion and it '-- M~~P~~ ATTEST: e!~~ ~J City Clerk 12. 2-3-59