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HomeMy WebLinkAboutFEBRUARY 17,1959 1 INVOCATION PLEDGE ROLL CALL APPROVAL OF MINUTES January 20, 1959) HEARING (Doshier Avenue) '1 ;_\,\''J , , 1 :4549 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 17, 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 17, 1959. The Invocation was offered by the Rev. Joseph P. Stockett, Pastor of the Arcadia Church of the Nazarene. 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 January 20, 1959, as submitted in writing, be approved. seconded by Councilman Jacobi and carried unanimously. meeting of Motion rJ ( Hearing on proposed abandonment and vacation of Doshier Avenue, easterly of Highland Oaks Drive. Proceedings instituted by Council's Ordinance of Intention No. 1043. The City Clerk stated that she had on file Affidavits of Posting and Publication of Notice, as required by law; and that no written protests had been received. Mayor Phillips declared the hearing open and inquired if, anyone interested in the matter desired to speak. The City Attorney, by way of background, pointed out that this is not a dedicated street but a portion of two lots which were offered for dedication in the subdivision of the property in the area, which offer was rejected in the acceptance of the subdivision map; that under the Subdivision Map Act, when such an offer of dedication is rejected the offer remains open for acceptance by the governing body at any future date; that the Act likewise now provides that such an offer of dedi- cation may be abandoned in the same manner that a dedicated street is vacated or abandoned. Mr. Edward G. Neuhoff, attorney for the Camden-Wilshire Co. addressed the Council, stating in part that his client is opposing the vacation of this offer at this time and as dedicators of said property are entitled to leave the offer open until such time as it becomes impos- sible or impractical for the use proposed in 1952, which was an extension to the east. That at this time his client has an option for 250 acres to the east which could be developed.and would require more than one means of access. He mentioned that part of the said acreage was in the City of Monrovia. He then requested that the matter be held in abeyance until his client has had time to make a comprehensive study of what can be done in that area. It was then suggested, in the discussion that ensued, that the Staff submit some tentative projection as to what part of the proposed tract would be in Arcadia and what part in Monrovia and Councilman Camphouse moved that the hearing be continued to the Council meeting of March 3, 1959. Councilman Jacobi seconded the motion and it was carried unanimously. 1. 2-17- 59 ::4550 HEARING (Vehicle Parking District No.2) 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. 2 of the City of Arcadia". The City Clerk presented to the Council the affidavits of mailing, publication of notice of filing the assessment and the assessment , roll. Councilman Reibold moved that the affidavits'of mailing and publication of notice be accepted and filed. Councilman Balser seconded the motion and it was carried unanimously. Mr. Franklin T. Hamilton, of the law firm of O'Melveny & Myers, Special 1 Counsel, employed by the City to supervise the 'conduct of the proceedings of Vehicle Parking District No.2, outlined the background of said District, which in part is as follows: In July, 1956 a petition was filed with the City:council, signed by the owners of more than 50% in area of the property within the district and of more than 60% of the assessed valuation of the land and improvements. The Council then ordered the preparation of a report and also adopted an ordinance of intention, both of which were heard in December, 1956, at which time no written protests were filed and some oral protests were made. The Council adopted an ordinance ordering the formation of the district and the City Attorney was instructed to taKe the necessary steps to acquire the property. In January, 1959, an assessment was prepared and filed with the City Clerk, which assessment was signed by the Superintendent of Streets, Charles E. Lortz, and prepared under his direction by Laurence J. Thompson, employed by the City as Special Assessment Engineer; that the assessment will apportion the entire costs of the acquisition and improvements plus the incidental expenses against land within the district in proportion to the benefit which may be received. He added that it has been "brought to the attention of the Staff that there is one property split which should be on the assessment roll, and recommended that Council adopt a resolution ordering the change to be made, after which the assessment will be recorded in the Street Superintendent's office and notice filed in the County Recorder's office. He continued that for a period of 30 days thereafter property owners may pay their assessments in full or in part in cash without penalty. They will be given written and published notice of the fact that the assess- ment has been confirmed and the amounts due as set forth in the assessment are due and payable. If the property owner elects not to pay his assessment in full or in part at the end of 30 days the City Council will order bonds to be issued on the unpaid assessments and will invite bids for the purchase of those bonds. The interest rate cannot by statute exceed 6%. The actual rate or rates will be fixed by competitive 1 bidding and theoretically will be the best obtainable market rate. The bonds will be payable in 20 annual installments. The property owner will be required to pay l/20th of the principal each year, plus interest on the unpaid principal. He might, during the course of the 20 years of the bonds, payoff the bond in its entirety at any time, thereby removing a lien on his property. The amount required to be paid after the bond is outstanding would be the amount of the unpaid principal; the amount of the next maturing interest coupon, which would be a six months coupon, and a premium of 3% on redemption. The City Clerk then swore in the Superintendent of Streets, Charles E. Lortz, who testified that in connection with Vehicle Parking District No. 2 he had filed a diagram and assessment with the City Clerk, which had been prepared by Mr. Laurence J. Thompson, Assessment Engineer employed by the City, under his supervision; that he has examined the 2. 2-17-59 " ~4551 assessment and is familiar in general with the manner in which it has been spread; that in his opinion the assessment has been spread in proportion to the benefits which the individual parcels of land to be assessed will receive from the parking project. 1 The City Clerk swore in Mr. Laurence J. Thompson, who testified that he was employed by the City of Arcadia to spread and prepare the assessment under the supervision of Mr. Lortz, the Street Superintendent. He then outlined his background and experience in the field of assessment engineering work as follows: that the function of an assessment engineer in special assessment proceedings is to apportion the total amount to be raised by special assessment upon all parcels of land within the assess- ment district in accordance with the special benefits to be received by each parcel of land from the project to be financed by special assessment; that he was employed for 25 years as an assessment engineer in the Bureau of Assessments of the City of Los Angeles, during which time he was Assistant Director of the Bureau for l3 years and Director for two years; that for the past eight years he has been in full-time private practice as a consultant assessment engineer; that during the past 34 years he has acted as an assessment engineer for over 40 cities, counties and special districts; that he estimates that he has done, or supervised the doing of, assessment engineering work in approximately l2,OOO proceedings, involving about $250,000,000 of total assessments and about 2,000,000 parcels of land; and that he has apportioned a number of assessments under the Vehicle Parking Districts Law of 1943 for various cities, including Pomona, Covina, Arcadia, Manhattan Beach and El Monte. Mayor Phillips inquired if any written protests had been received. Whereupon the City Clerk read a protest from Mrs. Mary M. Dysart, 31 Wheeler Street, owner of Lot 8, Block 76 in said parking district, in that since her property is residential and not income the income property should subsidize the residential property. Also a protest from Gerard Knutson, owner of Lot 7, Block 74 in said district, that he felt he had been assessed more in proportion than the adjoining property owners. To Mayor Phillips' inquiry as to whether any person desired to be heard orally in support of his protest, Mr. Gerard Knutson (mentioned above) addressed the Council and inquired as to what property is included in said Parking District. Mr. Thompson, the Assessment Engineer, described the area, during which time Mrs. Grace Mullen, owner of Parcel 23, Lot l3 in said District, also appeared before the Council, and in answer to the various questions asked by these two individuals, Mr. Thompson stated in part that of the various formulas, the one adopted in this case was three-fourths area and one-fourth assessed value plus a percentage of the assessment of the properties 'on the north side of Wheeler Street added to the Huntington Boulevard frontages to compensate for the increased depth in area of the northerly lots over the Huntington Boulevard lots. 1 To Mayor Phillips' inquiry as to whether any person desired to make an oral protest, Mr. O. K. Earl, owner of property at 4l-45 East Huntington Drive, addressed the Council, stating that he did not have a protest, but desired a breakdown of costs for the entire District. Mr. Thompson then proceeded to read the following breakdown: -.:" Total amount of purchase of land ' , Expense of assessment in diagram Estimated expense of advertising, " issuing and selling of bonds Estimated cost of proposed improvements on land Other expenses involved in preparation of the preliminary assessments, together with title searches and condemnation expenses, publication, etc. $78,3l2.9l 500.00 250.00 6,457.44 TOTAL 3,064.99 $88,585.34 3. 2-l7-59 ::4552 (Hear ing - Vehicle Parking District No. 2 Continued) RESOLUTION No. 3105 q-Io q ORDINANCE No. l048 (Adopted) INDEXED ORDINANCE No. lOSO (Introduced) n;D;:;XED No other person desiring to speak, the City Attorney recommended the hearing be continued for ten minutes to allow the Assessment Engineer to physically make the alteration on the assessment roll of the property split, which resulted from the fact that one person owned what were actually three parcels, but were included under one assessment because of the common ownership; that during the course of the pro- ceedings a portion of that property was sold to another individual; that such alteration would split the assessment at this time dividing it among the two owners in proportion to their ownerships and benefits received. He then presented Resolution No. 3l05, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DIRECTING THE AMENDMENT, ALTERATION, MODIFICATION AND CORRECTION OF THE ASSESSMENT FILED IN THE MATTER OF VEHICLE PARKING DISTRICT NO. 2 OF SAID CITY." 1 Councilman Reibold moved that the reading of the full body of Resolution No. 3105 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 Camphouse moved that Resolution No. 3105 be adopted. 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 Camp house moved that the hearing be continued for a period not to exceed ten minutes for the above stated purpose, which motion was seconded by Councilman Jacobi and carried unanimously. The City Attorney presented, discussed and read for the second time the title of Ordinance No. l048, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY ON THE SOUTH SIDE OF DUARTE ROAD FROM R-l TO R-2." Councilman Balser moved that the reading of the full body of Ordinance No. l048 be waived, which motion was seconded by Councilman Reibold 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. l048 be adopted. Councilman Camp house seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 1 The City Attorney presented, discussed and read for the first time Ordinance No. l050, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2, 4, 5, 6 AND 7 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." Motion by Councilman Jacobi, seconded by Councilman Reibold and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1050 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 4. 2-l7-59 (Ordinance No. l050 - Cont.inued) ORDINANCE No. l05l 1 LOT SPLITS No's 232, 233, 234, 235 & 236 -t-~~~ ('0 1~' ; 1 .11' l' " \ . ~I-\ ~~(I') ~4553 Motion by Councilman Reibold, seconded by Councilman on roll call vote as follows that Ordinance No. 1050 ,"', "1' ".), Balser and carried'- . \", .....:"' ~ < . be introduced: .. AVES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney commented thac in his absence from his office due to illness, OrdInance No. l05l appearing on the agenda and pertaining to the creation of a Water Board had not been prepared but that, ,same, " ~ould be forthcoming at the March 3, 1959 Council Meeting., Planning Commission recommendations for TENTATIVE APPROVAL of following lot splits subject to specified conditions: No. 232 - Vinita E. Howard, 379 West Lemon Avenue 1. Record an irrevocable offer of dedication and improvement for street purposes of the north 30 feet of the lot, including a 15 foot corner radius, in a form approved by the City Attorney. 2. The divided portion to be lOO feet wide facing the proposed future street, and approximately 150 feet deep. 3. Any building erected on the split, portion to provide a 30 foot front yard along the proposed street, as provided in Zone R-O, and a 20 foot side yard along Holly Avenue to conform with existing improve- ments. 4. Any proposed building to be designed to have a pleasing appearance facing the proposed street as well as facing Holly Avenue. the plans for such building to be approved by the Planning Commission. 5. File a final map with the City Engineer. 6. Install a sewer lateral for the new lot. 7. Install a water service, without meter, for the new lot. 8. Pay $25.00 recreation fee. No. 233 - George E. Joyce, 250 E. Sycamore Avenue 1. File a final map with the City Engineer. 2. Give an easement across the 20 foot driveway, and install a sewer lateral for parcel l. 3. Install a new water service and meter for parcel 2. 4. Construct concrete curb and gutter on Sycamore with a separate driveway to each parcel. S. Pay $25.00 recreation fee. No. 234 - W. R. Mills, l210 Short Street 1. File a final map with the City Engineer. 2. Remove or remodel the present garage to provide legal clearance from the new lot line. 3. Remodel the grape stake fence at the front to comply with the Zoning Ordinance. 4. Pay $25.00 recreation fee. No. 235 - Don F. Richardson, 21 W. Duarte Road. 1. File a final map with the City Engineer. 2. Install. a sewer lateral for parcel 2. 3. Dedicate l2 feet for widening Duarte Road. 4. Pay $25.00 recreation fee. No. 236 - Leo F. Didier, 310 S. First Avenue. 1. File final map with the City Engineer. Councilman Jacobi moved that the Council accept the recommendations of the Planning Commission and that Lot Splits No's 232, 233, 234, 235 and 236 be given tentative approval subject to the above specified 5. 2-17-59 ~ 45.54: (Lot SplitQ - conditions. Councilman Reibold seconded the motion. Continued) Lot Split No. 232 7- 'f~ ~ Lot Split No. 233 7-4qO Lot Splits No's 234, 235 & 236 ::},\I.\' CONTINUED HEARING ON PARKING DISTRICT NO.2 ,~, I, , RESOLUTION No. 3106 1 u:\ Councilman Camphouse stated that he desired each lot split to be voted upon separately. Whereupon Councilmen Jacobi and Reibold withdrew their motion and second. Councilman Reibold thereafter, being first informed by Mr. Sidney Brockman, who stated that he represented the owner of Lot Split No. 232 - Vinita E. Howard, 379 W. Lemon Ave., and that said owner is agreeable to accepting the revision imposed by the Planning Commission, moved that Lot Split No. 232 be granted as modified by the Planning Commission and subject to the conditions as ,specified on page 5 of ,these minutes. Councilman Jacobi seconded the motion. Mayor Phillips asked for and received the aye vote of all the council- men with the exception of Councilman Camphouse who stated he wished to record a "no" vote because he felt this lot split is an invasion of an R-O zone and that he is strictly against lessening the existing high zoning standards. Whereupon Councilman Reibold replied that it is important it be clearly understood that this lot split meets the R-O zoning requirements and is not devaluating an R-O zone, to which Councilman Camphouse commented that he realized that. 1 Councilman Balser moved that the Council accept the recommendation of the Planning Commission and approve Lot Split No. 233 - George E. Joyce, 250 E. Sycamore, subject to conditions as specified on page 5 of these minutes. Councilman Jacobi seconded the motion and it was passed with the aye vote of all the councilmen with the exception of Councilman Camphouse who voted "no". Councilman Jacobi moved that the Council accept Planning Commission recommendations for Tentative Approval of Lot Splits 234 CW. R. Mills), 235 (Don F. Richardson) and 236 (Leo F. Didier) subject to conditions as specified on page of these minutes. Councilman Balser seconded the motion and it was carried unanimously. The City Attorney stated that the assessment now having been physically corrected to coincide with Resolution No. 3105 just adopted, it is now in order to continue with the hearing on Vehicle Parking District No.2. Mr. Gerard Knutson, who had appeared before the Council earlier in the hearing, again requested permission to inquire how much had been assessed upon a square footage basis; whether the assessments had been made on such a basis on the improvements and on area. Mr. Thompson stated that the assessment had been made on area and assessed value of both land and improvements, but that a refinement had been made lower- ing the rate on Wheeler Street by reason of the fact that the lots on said street were l60 feet deep as against l40 feet on Huntington Drive; that he would be available after the close of the proceedings should Mr. Knutson have further questions. Councilman Reibold then moved that all protests and objections, written 1 and oral, made or filed in connection with the assessment filed in the matter of Vehicle Parking District No. 2 be and the same are hereby overruled and denied, except that to the extent that amendments, alterations, modifications and corrections of the assessment have been made, such protests and objections, if any, as are applicable thereto are, to that extent only, sustained and allowed. Councilman camphouse seconded the motion and it was carried unanimously. The City Attorney then presented, discussed and read the title of Resolution No. 3l06, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESSMENT IN MATTER OF VEHICLE PARKING DISTRICT NO.2 OF SAID CITY." He added that this resolution recites the conduct of the proceedings up to the present time, including the adoption of Resolution No. 3105 6. 2-l7-59 (Resolution No. 3106 - Continued) b'j r 1 LOT No. SPLIT cl 221 ~; l' TRACT No. l7746 (Tentative) 1~~~ ::- 4555 \" ' -. , <, .' ~ #' -l f ;, ':.' . ..~-. making the split in the assessment as previously discussed, recites the overruling of protests and orders the confirmation of the assessment as amended and presently on file with the City Clerk. Councilman Camphouse moved that the reading of the full body of Resolucion No. 3106 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 Resolution No. 3106 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 Councilman Camp house moved that Council accept the recommendation of the Planning Commission and deny the request of Marc Harris - Lot Split No. 22l - 1930 South Second Avenue. Motion seconded by Councilman Reibold and carried unanimously. Councilman Balsp.r moved that Council accept the recommendation of the Planning Commission and approve the tentative map of Tract No. l7746 located on Magna Vista Avenue west of Second Avenue, consisting of 7 lots, subject to the following conditIons: l. Provide 5 foot planting and sidewalk easements on each side of the street. 2. Provide all necessary utility easements. 3. Install all street improvements required by the subdivision ordinance. 4. Pay all fees and deposits required by the subdivision ordinance. Councilman Re,ibold seconded the motion and it was carried unanimously. Mr. Joe Earll, 200 East Duarte Road gave a brief resume of the history of this cr2ct and the owner thereof who had lived in a house on the property for' the pa,s t 49 years. STORM Pl~~ning Commission recommendation that approval be given the request of DRAINS the County Flood Control District for the location, character and extent I '" -ED of storm drains, channels and acquisition of rights of way for storm drain NDDX~ construction, including projects submitted by the City, all of which are ~}FLP lO,.rrP- located in exi.sting rights of way. I MASTER PLAN HIGHWAYS (Amendment) mD~ED ~\V\ The Direct.or of Public Works stated that the granting of such approval is in connection with the 1958 bond issue, preliminary reports of which were previously discussed &,d approved by the Council. Councilman Reibold moved that the Council accept the recommendation of the Planning Commission and grant the request of the Los Angeles County Flood Control District for approval of the location, character and extent of storm drains, channels and acquisition of necessary rights of way for storm drai.n construction, including projects submitted by the City, all of which are located in existing rights of way as outlined on map filed in the office of the Director of Public Works. Councilman Jacobi seconded the motion which was carried unanimously. Amendment No. 368 to Master Plan of Highways, received from the Regional Planning Commission, proposing the elimination of certain routes from the master plan, including portions of East and West Hondo Parkway through city owned property on Peck Road, meeting with the approval of the Planning Commission, Councilman Jacobi moved that the Council approve such amendment. Councilman Reibold seconded the motion and it was carried unanimously. 7. 2-17- 59 ::~556 LOT SPLIT No. 212 1-<1 ;i7> TRACTS No's 18618, 21741, 24350 TURF CLUB INDEXED p; 7J(}IV~ CITY PROPERTY 1-'\\ C) Councilman Camphouse moved that Council accept the recommendation of the Director of Public Works and that final approval be granted Alma C. Goodrich, 250l South Second Avenue on Lot Split No. 2l2. Councilman Balser seconded the motion and it was carried unanimously. Councilman Balser moved that the Council accept the recommendations of the Director of Public Works and the Water Superintendent and that final approval be given the following tracts, and that the streets be accepted for maintenance by the City: 14. Tract No. ",' .Tract No. '1.2fb Tract No. 18618 - Second Avenue north of Camino Real Avenue 2l74l - North of Camino Real Avenue, west of Louise Avenue 24350 - North of Camino Real Avenue, between Santa Anita Avenue and First Avenue. 1 Motion seconded by Councilman Reibold and carried unanimously. Councilman Reibold moved that the Council accept the recommendation of the Director of Public Works, Fire Chief and Chief Building Inspector and grant a variance to the Los Angeles Turf Club, Inc. to permit an addition to the existing structure as outlined in their drawings and set forth in their letter of February 5, 1959 on file in the office of the City Clerk. Councilman Jacobi seconded the motion and it was carried unanimously. The City Manager Pro Tempore advised that the engineering firm of MacDonald and Kruse have requested permission to use approximately one acre of unused City owned land, lying easterly of the fenced portion of the St. Joseph Reservoir property; that said firm proposed to clean up the area, making it level and adding additional fill between the channel and the existing property; that said firm had been awarded the contract to construct the channel in Santa Anita Wash and propose to use said property for a period of approximately 8 months from which to conduct its operation. That as the monetary value to the City of the proposed filling and leveling will be considerable, it is his recommendation and also that of the Water Superintendent that permi".ion be granted to this firm for the use of this land for the time reque3ted and that a nominal rental of $50.00 be charged for the period requested. A general discussion ensued and Councilman Camphouse commented that he had been giving thought to providing facilities for special groups,of the City; that this particular land might be used for midget auto races if the contractor would agree to pave it. He continued that in this connection he would like the Council and the Recreation Commission to consider the need in this City for auditoriums or community rooms where groups such as the little theatre, opera, drama and the like could gather and suggested that the better parts of the old fire and police facilities buildings might be moved to city owned property on Fairview Avenue; also that the area around the clubhouse on city owned property along the Rio Hondo might be paved as parking area. Councilman Reibold commented that he understood the fire or police I buildings were termite infested; that Council was attempting to provide ways and means of economizing and any improvement would necessitate an expenditure. He added that with regard to the need for community play- house facilities, that perhaps the library building could be used for such purposes when the new library is completed. The City Manager Pro Tempore then stated that since the contractor was in need of this land within approximately a week and since the City's Street and Water Department is already using part of this area for storage, that the improvements to be made by the contractor would be of advantage to the City, and suggested that the Council approve his recommendation at this time, the terms and conditions of the lease to be negotiated and approved by the City Attorney. 8. 2-l7-59 1 1 (City Property - Continued) COMPLETION OF WORK -:f? crt (Pipe Linings) (Pfleider & Grimont) 1- '1'1 '': 4557 ..J').~: Whereupon Councilman Camphouse moved that the Council accept the recommendation of the City Manager Pro Tempore and the Water Superintendent and authorize the use of the property by the contr'actor's upon te,rms and conditions as specified, and authorize the Mayor and City Clerk to execute such a lease agreement, the form to be approved by the City Attorney and the de,tails to be stipulated by the City Manager'. Councilman Reibold seconded the motion and, it was carried unanimously. Councilman Camphouse further moved that the Staff and Recreation Commi.ssion explore and report upon further usage of this property and the Fairview Avenue property, such usage predicated upon the expiration of this particular agreement:. Councilman Reibold seconded the motion and it: was carried unanimously. Motion made by Councilman Jacobi, seconded by Councilman Balser and carried on roll call vote as follows that the City'Council approve the recommendat:ion of the City Manager Pro Tempore and the Water Superintendent and accept the work under contract with Pipe Linings, a Division of Ame,rican Pipe and Construction Company, providing for the cement mortar lining of the twenty inch steel main in Second Avenue from Duarte Road to the St. Joseph Reservoir and authorize payment of 90% of the contract, amounting to $20,461.35, or $1.8,4l5.22, and the payment of the remaining lO%, or $2,046.l3 thirty five days thereafter: AYES: Councilmen Balser, Camphouse. Jacobi, Reibold, Phillips NOES: None ABSENT: None Motion made by Councilman BabH, seconded by Councilman Camphouse and carried on roil call vote as follows that the City Council approve the recommendation of, the Director of Public \~orks and accept the work under contract with Pfleider & Grimont Consc.ruction Co., Inc. for the construction of the Baldwin Avenue Fire Station and authorize final payment to be made thirty five days after this acceptance: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None COMMUNICATIONS (a) :Py). Mayor Phillips ordered filed c01lllllunication received from the Arcadia American Lit,tle Le,agua regarding additional facilities. (b) INDEXED ;J~ In regard to the request of the Arcadia Council of Camp Fire Girls, Inc. to plant: three trees adjacent to the City Hall on Arbor Day, March 6, 1959, Councilman Reibold moved that the Council grant such permission to them, the type of trees and the exact location to be worked OUt with the City Manager. Councilman Ca'llphouse sec,onded the motion and it was carried unar.limously. (c) Mayor' phi 11 ips ordered the communicat.ion from Thomas R. Horton, 430 Fairview Avenue, regarding the proposed opening of Arcadia Avenue placed with the subject file. He also requested the City Manager and/or the Director of Public Works to reply to certain portions of Mr. Horton's letter regarding the use of the rear 200 feet of his property. 14/' Mr. Horton, being present in the audi,ence" addressed the Council, stating in part that he now resides at 406 West Longden Avenue but has purchased and intends to reside at 430 Fairview Avenue and to use the rear 200 feet of said lot as a playground area, upon which he proposes building a playhouse and to erect a fence, but that he is unable to obtain a permit to so do because of an ordinance recently adopted prohibiting building on the rear of his lot. The City Attorney stated that while Mr. Horton would receive a formal and detailed reply to his letter regarding this matter, he wished to summarize briefly the fact that the ordinance in question has since been amended to r'estrict prohibition of construction only at 9. 2-17-59 --, ~455~ (Communications Continued) ll'lDEXED g' <f..J- w t.tL: '~.p RESIGNATION (Bierly) INDEX':::D A', Wo.',~4S, BUSINESS PERMIT 13\,.'J.. COUNTY BOUNDARY COMMISSION INDEXED f:/1tJ~ev the extreme rear portions of certain lots, approximately 55 feet, in the area that would be required in the event the proposed Arcadia Avenue goes through; that only the construction of permanent structures is prohibited, and that he would suggest Mr. Horton consult with Staff in regard to his contemplated building of a 15 x 20 foot playhouse. Mayor Phillips commented that in regard to Mr. Horton's concern that he would have to split his lot in the event Arcadia Avenue goes through, that this will be only a matter of choice on his part and not a necessity. (d) Mayor Phillips ordered the communication received from Mrs. Harry L. Elliott, 3l West Lemon Avenue, in regard to rodents, filed. 1 With regard to notification by Mr. Sidney H. Bierly of his resignation as a member of the Arcadia Health and'Sanitation Commission, (term would have expired June 30, 1959) necessitated by the fact that he is leaving the City, Mayor Phillips stated that he would write Mr. Bierly accepting with regret such resignation, and that the City Clerk notify Council as to whose responsibility it will be to make a new appointment to replace Mr. Bierly. Councilman Camphouse moved that the City Council approve the renewal application for a business license permit for Lawrence Leroy Glick and that the provisions of Section l8 of Ordinance No. 737 as amended by Ordinance No. 823 be waived. Councilman Jacobi seconded the motion and it was carried unanimously. 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. l82 known as an area lying northerly of Lower Azusa Road, west of Baldwin Avenue. Having no effect upon the City of Arcadia, Mayor Phillips ordered the notice filed. AUDIENCE PARTICIPATION Mr. Thomas Horton of 406 West Longden Avenue again addressed the Council, suggesting in part that Council consider Zones R-2 and R-3 and any uses other than R-l being classified in Fire Zone 2 which would result in less marginal zoning in apartment houses; als~ that a parking ratio of l~ cars to each apartment for apartment houses be considered. He also commented that apartment houses with garages built in the front did not present a very good appearance. He was advised that the zoning ordinance contains a l\ ratio parking area to each apartment. Mr. Franklyn Judd, representing the Board of Directors of the Arcadia Community Theatre, addressed the Council, stating that his group is interested in leasing from the City available property 1 to achieve their goal as a community theatre. He mentioned that they would be interested in the public library building when the new library is built. . Mr. Nick Pokrajak addressed the Council, stating in part that he did not think the old fire and police stations would be economically sound to move. He also commented on the time when the new library would be finished and that the old building would, he understood, be torn down in order to use the land as a parking lot, but that if the building was not razed it would be fine for a theatre or community group. Mrs. Donald McAdamant of the Children's Theatre Group also asked that her group be given consideration concerning leasing the public library when the new library is built. lO. 2-l7-59 1 1 -':-4559 Council advised the above that they would be kept in mind should a suitable site become available. Also that the new library probably would not be built before the expiration of approximately two years. MATTERS FROM CITY OFFICIALS ORDINANCE No. l046 (Correction) INDEXED AUDITOR'S REPORT Councilman Jacobi moved that in accordance with recommendation of the City Attorney, the City Clerk be ordered to make a clerical correction eliminating all reference to Ordinance No. 709 in the title and in section 6 of Ordinance No. l046 as adopted February 3, 1959. Council- man Camphouse seconded the motion and it was carried unanimously. The City Manager Pro Tempore stated that with reference to the Auditor's Report and recommendations, including internal controls, IND' ~ accounting procedure, etc., and the time table requested by the EX;o Council as to when these recommendations could be accomplished, that " #S\ the Staff has reviewed the recommendations and has put into effect some that do not take a great deal of time; that the bulk of the recommendations require the adoption of ordinances, rules and regulations on procedure, several legal opinions from the City Attorney, etc., which will take additional time and that it should be in operation by July l, 1959; that progress reports will be made to the Council from time to time. LOT SPLIT No. l79 11 (Final - 1/ Nichols) LOT SPLIT No. 230 <J'I ' (Final - - -r Keeler) 20 FOOT ALLEY DRIVEWAYS DEED RESTRICTIONS Councilman Reibold moved that the Council accept the recommendation of the Director of Public Works and that final approval be granted Lot Split No. l79 - Robert Nichols, 80 Birchcroft Avenue. Councilman Camphouse seconded the motion and it was carried unanimously. Councilman Balser moved that the Council accept the recommendation of the Director of Public Works and that final approval be grantea Lot Split No. 230 - Harold S. Keeler, 623 Palm Drive. Councilman Jacobi seconded the motion and it was carried unanimously. Councilman Camphouse stated that he had noticed a legal notification regarding a 20-foot alley upon which he desired clarification as he was not aware that the Council had discussed anything about 20~foot alleys. The City Attorney stated that this probably emanates from the matter under consideration by the Planning Commission which is the proposed change in rear yard requirements; that a rear yard may be measured from the center line of an alley if there be one; that this will facilitate the opening of alleys if people want them by maintaining the rear yard in uniform alignment, but that there is no reference to requiring alleys as such; that it does not require an alley but merely permits the required yard to be measured from the center line of an existing alley. Councilman Camphouse also commented on the fact that apartment houses were being built in Arcadia where driveways were so narrow that residents parked their cars on the street and stated that this might be checked so that driveways are constructed so as to enable them to be used and not mere compliance with the Code. Also that he had noticed a two-story apartment house on North First Avenue with open garages facing the street, which he did not feel were an asset to Arcadia and mentioned that restrictions should be such as the type imposed on property developed on Baldwin Avenue north of Huntington' Drive. Councilman Camphouse further commented that he felt Council should consider the deed restrictions going off on the Baldwin-Stocker Acres; that the City should place adequate zoning restrictions there in which the building must be 'at least 2500 square feet, a minimum of 100 'foot street frontage and a minimum of 15,000 square feet for the ground; that these were matters being discussed and considered 11. 2-l7-59 ~4500 MAYOR PHILLIPS (Vacancy H & S Com.) (Vacancy ';VPD No.1) (Senate Bill 75) ADJOURNMENT by the Realty Board. That high standards should be maintained. That he would recommend that this be discussed with the Planning Commission at the next meeting with the Council. Mayor Phillips stated that he agreed; that he has felt for a long time that some of these over- intensified uses of land by building garages with living quarters above is not in keeping with Arcadia but that if it is going to be permitted at all it should be restricted off the front 75 or 100 feet of land. Mayor Phillips stated that since Mr. Bierly's resignation will create a vacancy on the Health and Sanitation Commission, Councilmen Reibold and Camphouse recommend a replacement. He further commented that, ehe Council be prepared to discuss at the next Council meeting a Commissioner for Vehicle Parking District No. 1 to fill the vaca~cy occurring February 28, 1959 of the expiring 2-year term of Donald Strawn; that the new term will be for 3 years. 1 '. Mayor Phillips also stated that the California Roadside Council is asking the City's support for Senate Bill 75, having to do with freeway roadside signs. He suggested that the City Manager Pro Tempore check and offer a recpmmendation on this matter. Councilman Reibold moved that the meeting adjourn, which motion was seconded by Councilman Camphouse and carried unanimously. .- e~ cLO(])~ ATTEST: ~7d/n~ City Clerk 1 l2. 2-l7-59