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HomeMy WebLinkAboutMAY 19,1959 I INVOCATION PLEDGE ROLL CALL MINUTES (May 5, 1959) HEARING (Ellis) (I) ':,' '\ 1 ~ 4693' " - .....:" MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 19, 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 P.M., May 19, 1959. The Invocation was offered by the Rev. Thomas J. Spellman, Assistant Pastor of the Church of the Holy Angels. Mayor Reibold led in the pledge of allegiance to the flag. PRESENT : ABSENT: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold None Councilman Jacobi moved that the minutes of 1959, as submitted in writing, be approved. the motion and it was carried unanimously. the regular meeting of May 5, Councilman Balser seconded Planning Commission Resolution No. 327 recommending denial of the application of R. E. Ellis and others for a change of zone from R-l to R-2 and R-3 on property located on Lorena Avenue and its northerly extension, and on Haven Avenue and Newman Avenue, east of Lore~a Avenue. ;~, 1 Mayor Reibold declared the hearing open and inquired if anyone pes ired to speak in favor of said application. "; II Mr. Wm. T. Beckwith, 107 W. Huntington Drive, a realtor, representing the applicants, addressed the Council, stating in part that he felt such rezoning would inur to the benefit of all concerned. He outlined the proceedings from the start, commenting that no objections had been raised at the Planning Commission hearing, and also described the various lots involved in the requested rezoning. He then requested the Council to overrule the recommendation of the Planning Commission. No one else desiring to be'heard either in favor of or in opposition to the application, Councilman Phillips moved that the hearing be closed; which motion was seconded by Councilman Jacobi and carried unanimously. At the request of Councilman Phillips, the Director of Public Works displayed a map of the area and pointed out the lots in question and the ZOnes of the adjacent territory. A general discussion ensued and it was the concensus of the Council that basically the primary reason this property would not warrant rezoning at this time was the fact that as yet the effect of the contemplated freeway on this area cannot be determined; that under present circumstances the present zoning is proper. The City Attorney.then read the findings of the Planning Commission contained in its Resolution No. 327. Councilman Phillips stated that though the freeway alignment might later affect the lots in question, he moved that the Council uphold the recommendation of the Planning Commission pursuant to its Resolution No. 327, and deny the application of R. E. Ellis and others for a change of zone from R-l to R-2 and R-3 on property located on Lorena Avenue and its northerly extension, and on Haven Avenue and Newman Avenue, east of Lorena Avenue. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: 1. 5-19-59 .. fA' 1 , ,i. :4024 HEARING (Allen) 15'19 HEARING (Mnoian) ::; 53/) AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None ,Planning Commission Resolution No. 328 recommending denial of the application of the Estate of Otto D. Harris for a change of zone from R-l to R-3 on a single lot located at 14 East Newman Avenue. Mayor Reibold declared the hearing open and to his inquiry as to whether anyone desired to speak in favor of the application Mrs. Bonnie H. Smith, 15 East Colorado Boulevard, addressed the Council, stating that she resided on the property adjacent to the lot in question; that her lot is zoned R-3 and that she is in favor of the requested rezoning. The Director of Public Works directed the Council's attention to the lot in question on a map. 1 No one else desiring to be heard in favor of the requested rezoning" Mayor Reibold inquired if anyone desired to speak in opposition to said rezoning. No one desired to speak; however, the Deputy City Clerk advised that she had received a protest to the R-3 rezoning from Mrs. E. Christensen, 26 Newman Avenue, which was then read. Councilman Balser then moved that the hearing close, which motion was seconded by Councilman Jacobi and carried unanimously. Councilman Balser stated that all the property to the east of the lot in question is zoned R-l; that at the present time the lot in question actually could be developed R-2 due to its permissible transitional use as it is adjacent to R-3; that he agreed with the Planning Commission that making it R-3 would make the next lot a transitional R-2, and so on'into a nice residential area, and for that reason he moved that the Council uphold the recommendation of the Planning Commission and deny the application of the Estate of Otto D. Harris for a change of zone from R-l to R-3 on a single lot located at 14 East Newman Avenue, pursuant to its Resolution No. 328. Councilman Jacobi seconded the motion,and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi., Phillips, Reibold NOES: None ABSENT: None Mayor Reibold declared the hearing open on the application of Paul Mnoian (dba Nu-Way Rubbish Company) for a business permit to collect refuse from commercial establishments, and inquired if anyone desired to speak in favor of the application. Mr. Paul N. Mnoian, 501 Arbolada Drive, Arcadia, the applicant, addressed the Council, stating that at the present time he is operating out of Pasadena and collects rubbish and garbage in Pasadena and adjacent cities; that he feels he can render better service in Arcadia at a lower price I than is presently charged by the City Refuse Company licensed by the City of Arcadia; that said City Refuse Company is undercutting him in' Pasadena and is charging residents of Arcadia too much for their service in order to make up their losses of their service in Pasadena. In compliance with the request of Councilman Camphouse he outlined his background in the rubbish business, stating that he individually owns his business, has no partners, and has been so operating since 1946; that at present he has five pieces of equipment but could get more if necessary; that he is a member of the Rubbish Collectors Association and the State Rubbish Collectors. In answer to questions of Councilmen Balser and Mayor Reibold he stated that when Arcadia residents request his service he refers them to City Refuse Company; that he does not solicit business in Arcadia; that he dumps in Pasadena and Monterey Park; that his rates are $2.00 per month on commercial up to four cans a week; that residence rates are $1.50 2. 5-19-59 1 HEARING (Bowling Alley) [1"'( ,..j 13- 1 I ... ',. ~: '4625 per month in Altadena and that this rate has been in effect since the ban on back yard burning. Councilman Camphouse commented that he understood there are several commercial rubbish licenses issued in Arcadia and that it is the'free choice of any business to use anyone of the licensed collectors. Mr. Henry W. Shatford,(business address: 5920 Temple City Boulevard, Temple City; residence address: 410 South Drake Road, Arcadia) addressed the Council, stating that he is an attorney and represents the applicant; that in his opinion it is mandatory for Council to grant the applicant his license unless Council can prove the applicant an unfit person to hold a City of Arcadia license; that the burden of proof is upon Council; that unless Council does grant the requested license he will be forced to serve them with a Writ of Mandate compelling them so to do. Mayor Reibold then inquired if anyone desired to speak in opposition to the granting of the requested business permit. No one desired to speak in that regard. Councilman Camphouse stated that he thought the matter should be taken under advisement and a staff report furnished for Council's study, and he moved that the hearing be continued to June 16, 1959 for such purpose. Councilman Balser seconded the motion and it was carried unanimously. Mayor Reibold declared the hearing open on the requests of Arcadia Bowling Court and Santa Anita Bowling Alley for permission to sell alcoholic beverages on the concourse of the bowling courts between 6:00 P.M. and 2:00 A.M., and inquired if anyone desired to speak in favor of the requested permission. Mr. Dexter D. Jones, 38 E. Huntington Drive, Arcadia, addressed the Council, stating that he is an attorney and represents the two bowling establishments. He advised that presently bowling leagues are the economic backbone of bowling establishments; that alcoholic beverages are sold on the bowling concourse of such establishments in every city in the State of California with the exception of Arcadia, and that because of this ban in Arcadia many bowling leagues have withdrawn, or are contemplating withdrawing, from said Arcadia bowling courts, which would result in an estimated loss of business to these courts of approximately $40,000.00 per year. He then presented to the Council letters from the following, which stated in part that because of the restriction their leagues would bowl elsewhere: Lee Sterner, President of San Gabriel valley Bowling League T. A. Dunn, Secretary of the Air Logistics Bowling League Wm. A. Ferguson, President of Consolidated Electrodynamics Corp. Bowling League Arthur S. Crane, President, Jerry Nash, Vice President and Alfred A. Levy, Jr., Secretary of Clary Corporation Bowling League Carl Large, President of San Gabriel Valley Men's Classic League Robert D. Suey, President of San Gabriel Valley Service Club League Giles S. Hall, Assistant Secretary and Personnel Director of Consolidated Electrodynamics Corporation He continued that in anticipation of the two primary objections he thought would be made to the serving of alcoholic beverages on the bowling concourse; (1) being minors using the alleys; and (2) that later these establishments will request permission to serve liquor on the alleys at all hours, he would answer these objections with the information that (1) less than 1% of the bowlers on the courts after 6:00 P.M. are under 21 years of age; and (2) the serving of liquor during the daytime hours is unprofitable and thus would not 3. 5-19- 59 . ::- 4626 ~ o 1-' I~ /';~ 1 v benefit the operators. Mr. Thomas Scalzo, Manager of Arcadia Bowling Courts, and Dale ~ickus, Manager of the Santa Anita Bowl, reiterated Mr. Jones' statements as to the economic hardship imposed on their business if this ban is not lifted. Mr. Robert D. Suey and Mr. Bill Night, members of bowling leagues, stated that it was the intention of their leagues to bowl elsewhere because of the present ban. Mayor Reibold then inquired if there were any written protests and the' Deputy City Clerk read a letter of protest from John H. Downey, Principal of the Longley Way School. 1 To Mayor Reibold's inquiry as to whether anyone present desired to speak in protest to the requested permission, the following addressed the Council: Rev. Thatcher Jordan, Pastor of the Church of the Good Shepherd, e~pressed his regret at the economic loss suffered by the bowling courts but felt that they are essentially recreational facilities where young people congregate not only to bowl but as spectators. Rev. Emerson Washburn, assistant Minister of the Arcadia Presbyterian Church voiced similar sentiments. Mr. Edward Butterworth, 1145 Singing Wood Drive, stated in substance that the theory that because other cities allowed drinking of liquor in the courts did not necessarily mean that Arcadia should do likewise; that Arcadia is different and he hoped it would remain so. It was also stated that many minors in excess of 1%, as stated, attend bowling alleys after 6:00 P.M. Attorney Jones, in rebuttal, commented that there are very few restaurants in Arcadia with cocktail bars that do not permit patrons to drink at their tables in the dining rooms; that many minors attend bowling courts in other cities that serve liquor on the alleys and are seemingly not contaminated; that "if American Youth is going to drink he will find a way to do so." Councilman Phillips then moved that the hearing be closed, which motion was seconded by Councilman Balser and carried unanimously. A general discussion ensued and it was the conCensus of Mayor Reibold, Councilmen Phillips and Balser, that the serving of alcoholic beverages is an area in which Council really should not enter. Councilman Phillips felt that from a moral standpoint minors do come in contact with liquor in many places, such as restaurants, driveins, etc.; that 1 it is up to management to keep minors from buying alcoholic beverages; that this is an "economic-moral" situation and that whichever way Council decides will doubtless be thought \<rong by someone. Councilman Camphouse commented that when the alleys were built they were satisfied with the situation and accepted it and that he saw no reason to change now; also the fact that other cities allow the sale of liquor on bowling courts does not mean that Arcadia has to follow "like sheep". Mayor Reibold felt that consideration should be given the economic issue involved in that contrary to some belief, the making of money is "not evil" but is the basis of free enterprise. Counc,ilman Balser stated that both of these establishments are a credit to Arcadia, but 'that when they started their businesses they agreed not to serve liquor on the bowling alleys and he saw no reason to change now. Councilman Phillips then moved that the Council grant the requests of 4. 5-19- 59 1 RECESS - '4C)07' -_ gJ :-:'.r Arcadia Bowling Court and Santa Anita Bowling Alley and permit them to sell alcoholic beverages on the concourse of the bowling courts between 6:00 P.M. and 2:00 A.M. Mayor Reibold seconded the motion and it ~~ did not carry_ ' on roll call vote as follows: AYES: r.ouncilman Phillips and Mayor Reibold NOES: Councilmen Balser, camphouse and Jacobi ABSENT: None Councilman Camphouse moved that Council deny the request of Arcadia Bowling Court and Santa Anita Bowling Alley for modification of their permits. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi NOES: Councilman Phillips and Mayor Reibold ABSENT: None Mayor Reibold declared a five minute recess. MATTERS' FROM THE CITY ATTORNEY: ORDINANCE No. 1056 (Adopted) , INDEXED 1 ORDINANCE No. 1057 (Emergency - Adopted) INDEXED RESOLUTION No. 3130 INDEXED ,/ The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1056, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5 OF ORDINANCE NO. 1046 OF THE CITY OF ARCADIA." He added that this ordinance pertains to the Building Code, and the change in the fee schedule. Councilman Phillips moved that the reading of the full body of Ordinance No. 1056 be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Phillips further moved that Ordinance No. 1056 be adopted. Motion seconded by Councilman Balser,and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented for the second time and read in full Ordinance No. 1057, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROHIBITING THE FEEDING OF ANIMALS AND FOWL ON PUBLIC STREETS, SIDEWALKS AND PARKWAYS IN THE CITY OF ARCADIA," declaring it to be an emergency ordinance necessary for preserving the public peace, health and safety, and that it will take effect immediately upon its adoption. Whereupon Councilman Balser moved that Ordinance No. 1057 be adopted. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney presented, explained the content and read the title of Resolution No. 3130, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACCEPTING GRANT DEED FOR STREET AND HIGHWAY PURPOSES." 5. 5-19-59 .~4628 ,', LOT SPLIT No. 243 , ('/1 ., , LOT SPLIT No. 245 "1 " COMPLETION OF WORK (Fourth Ave.) -1-8'~ :1 He added that this is the last parcel of real property required for the improvement of Fourth Avenue. Councilman Camp house moved that Resolution No. 3130 be waived. and it was carried on roll call the reading of the full body of Councilman Jacobi seconded the motion vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3130 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: 1 AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None George Fisher, 474 West Walnut Avenue Motion by Councilman Balser, seconded by Councilman Jacobi and carried unanimously that the Council accept the recommendation of the Planning Commission and indicate its intention to approve Lot Split No. 243 upon compliance with the conditions set forth in the recommendation as follows: 1. File a final map with the City Engineer. 2. Install a sewer lateral for Parcel 2. 3. Pay $25.00 recreation fee. William Hovanitz, 1140 Orange Grove Avenue. The Director of Public Works advised that the subject property is located on Michillinda Avenue and is 115 feet by 296.73 feet; that the applicant has sold the front 226.10 feet, retaining the rear 70.63 feet to use with his Orange Grove property; that the portion which has been sold is above the requirements of Zone R-O and that the request is recommended for approval by the Planning Commission subject to the following conditions: ,( 1. File a final map with the City Engineer. 2. Remove the 6' concrete block wall now located in the public parkway on Michillinda Ave. 3. File a covenant stipulating that Parcel No. 2 shall be held with and used as a part of the property at 1140 West Orange Grove Avenue A general discussion ensued wherein the Council questioned the reason for the requested lot split since this would create an irregularly shaped lot for the property at 1140 West Orange Grove Avenue and add area to a lot that is now of much greater area than the other lots in 1 the vicinity. The Planning Secretary being present, advised that the Planning Commission had not been particularly pleased with the request but that the parcel facing Michillinda Avenue being above minimum width and area required by the ordinance they felt they had no other alternative but to make the said recommendation. Whereupon Councilman Balser moved that Lot Split No. 245 be returned to the Planning Commission for further study with, the Staff. Council- man Camphause seconded the motion and it was carried unanimously. Councilman Phillips moved that Council approve the recommendation of the Director of Public Works and accept for maintenance the work performed under contract with American Asphalt Paving Company for the improvement of Fourth Avenue, between Camino Real and Norman Avenue, and authorize final payment to be made in accordance with the provisions of the contract. Councilman Camphouse seconded the motion and it was carried unanimously. 6. 5-19-59 TRACT No. 20952 (Final) 1bg~ , I GAS TAX BUDGET (1959-60) INDEXED . Q;;.J-( i'(]l,.J...(jJ'~ 1 > 4C9.g _ v.J...-t Councilman Camphouse moved that Council accept the recommendation of the Planning Commission and approve the final map of Tract No. 20952, located on Magna Vista Avenue, east of Lyndon Way, containing 11 lots, subject to the following conditions: 1. Provide an easement for the sewer and street drainage into LeRoy Avenue, to be approved by the City Engineer. 2. The City should abandon the present drainage easement and the subdivider remove the structures. 3. The subdivider shall install all street improvements required by the subdivision ordinance. 4. The subdivider shall pay all fees and deposits required by the subdivision ordinance, as follows: 4 street lights at $150.00 11 lots recreation fee at $25.00 23 street trees at $5.00 $600.00 275.00 115.00 5. The subdivider shall deposit a proportional share of the estimated cost of opening a future street into LeRoy Avenue, in the amount of $6,872.00. In the event that Magna Vista Avenue is extended to LeRoy Avenue with the use of other funds, other than those acquired from abutting properties, or if the street is not con- structed to LeRoy Avenue within the next ten years (April 7, 1969), the deposit shall be returned to Robinson Brothers, their heirs or assignees, without interest. 6. Provide all necessary rear line utility easements. 7. Lots numbered 12 and 14 shall be deeded in fee to the City. 8. The City shall dedicate for street purposes lot 12 of Tract No. 19656 at the present end of Magna Vista Avenue. 9. Lot 13 may be deeded in trust to a trust company, and a condition imposed that the amount of $1,011.83 be paid to the subdivider to reimburse him for street construction if the adjoining property elects to use the street. The form of the trust to be approved by the City Attorney. If such a trust is not created, the lot shall be deeded in fee to the City. Counc~lman Balser seconded the motion and it was carried unanimously. The Director of Public Works submitted the following report of gas tax projects: Projects presently budgeted from State Gas Tax Funds Project 39 Widening Duarte Road - Santa Anita Avenue to Second Avenue $25,517.00 Project 42 Widening Duarte Road - Santa Anita Avenue to west City limits $33,000.00 Project 46 Baldwin Avenue Orange Grove, cross-section - Hampton Road to Reconstruct & complete $16,500.00 Project 47 Narrow parkway - Santa Anita Avenue, Alta Street to Christina Avenue $50,000.00 Projects presently budgeted from County Gas Tax Funds Widen east side of Baldwin Avenue Naomi Avenue to Camino Real Avenue $10,300.00 Widen Huntington Place along County Park $10,000.00 Narrow center parkway on Santa Anita Ave., Colorado Blvd. to Morlan Place $23,700.00 7. 5-19-59 ~4530 Recommendation of the Director'of Public Works that the following projects be included in the 1959-60 State Gas Tax Memorandum of Agreement. 1. An additional amount of $12,000.00 be included in Project No. 47, Santa Anita Avenue, to permit resurfacing to Huntington Drive and reconstruction of portions of curb and gutter along the east side of the street. 2. $60,000.00 be budgeted for narrowing center parkway of Santa Anita Avenue from Duarte Road to Camino Real Avenue, in accordance with the beautification program. 1 3. $40,000.00 be budgeted for resurfacing of major and secondary streets throughout the City. The actual streets will be determined at a later date and submitted for approval. 4. $3,500.00 be provided as the City's share of traffic signals at Colorado Street and Baldwin Avenue as per the City Council action of May 5, 1959. Estimated State Gas Tax Funds Unallocated balance 6-30-59 Estimated to accrue 1959-60 Total Amount recommended for inclusion Balance $ 21,490.80 105,840.00 '$127,330.80 115,500.00 $ 11,830.80 Request of Director of Public Works that the City Council authorize him to submit the necessary project statements to the Division of Highways prior to June 1, 1959; that a formal Memorandum of Agreement with the State will be submitted to the Council at a later date for Councilmanic approval. Councilman Jacobi moved that the Council accept the recommendation of the Director of Public Works and authorize the inclusion of the follow- ing projects in the 1959-60 State Gas Tax Memorandum of Agreement: 1. An additional amount of $12,000.00 be included in Project No. 47, Santa Anita Avenue, to permit resurfacing to Huntington Drive and reconstruction of portions of curb and gutter along the east side of the street; 2. $60,000.00 be budgeted for narrowing center parkway of Santa Anita Avenue from Duarte Road to Camino Real Avenue, in accordance with the beautification program; 3. $40,000.00 be budgeted for resurfacing of major and secondary streets throughout the City. The actual streets to be determined at a later date and submitted for approval; 1 4. $3,500.00 be provided as the City's share of traffic signals at Colorado Street and Baldwin Avenue; and to submit the necessary project statements to the Division of Highways prior to June 1, 1959. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None None Balser, Camphouse, Jacobi, Phillips, Reibold 8. 5-19- 59 ADVERTISE FOR BIDS 1'1 1 ~p 1 ARCADIA ELKS LODGE (Fies tal INDEXED A~~,J..~ &~ \ BID RESULTS (Wilderness Area) 1 ,'J ,1 " \,1 Ltc ' =-'d31 Councilman Balser moved that the Council approve the recommendation of the City Manager; approve plans and specifications for a 1250 gallon-per-minute Triple Combination Pumping Engine; and authorize the City Clerk to call for bids, said bids to be returned July 10, 1959 at 11:00 A.M. and acted upon by the Council at the regular meeting of July 21, 1959. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Request of Arcadia Lodge No. 2025 Benevolent and Protective Order of Elks for permission to conduct a "Fiesta" on Friday, Saturday and Sunday, July 10, 11 and 12, 1959. A general discussion ensued and Mr. James P. Frazer, 600 North Old Ranch Road, Past Exalted Ruler of said lodge, being present, answered various questions regarding the contemplated Fiesta, to wit: that it is to be of the carnival type such as the Temple City Camelia Festival, to be held on the grounds of the Arcadia Elks Lodge at 27 West Huntington . Drive; that there will be entertainment by various musical groups; that civic clubs and other fraternal groups will be invited to participate and to operate booths, from which food and merchandise is to be sold; that there will be games of skill and that revenue derived from such skill games will be used to help defray the expense of leasing equipment, etc., and that the participating clubs will share equally with the Elks Lodge in the revenue derived from the operation of the booths. He emphasized that the games are not to be games of chance but only games of skill; that they contemplate the hours to be: 5:00 P.M. to 11:00 P.M, on Friday, 2:00 P.M, to 11:00 or 12:00 on Saturday and 12:00 noon or 1:00 P.M. to an early evening hour on Sunday. Councilman Phillips commented that this type of fiesta is different than the carnival type of operation that in the past has not been encouraged by the Council; that this is similar to carnivals held by the P.T.A. and similar organizations and that he moved the Council grant the request of the Arcadia Lodge No. 2025 Benevolent and Protective Order of Elks and authorize them to conduct a Fiesta on July 10, 11 and 12, 1959 in the manner explained by Mr. Frazer; that the hours of such Fiesta are to be: 5:00 P.M. to 11:00 P.M. Friday, July 10, 1959; 2:00 P.M. to 12:00 m~dnight Saturday, July 11, 1959 and 1:00 P.M. to 8:00 P.M. Sunday, July 12, 1959. Councilman Balser seconded the motion and it was carried unanimously. The following bids were received for the construction of a comfort station and appurtenances in the Wilderness Park: BIDDER Robert Paoluccio Fricke-Barrington Construction William T. Andrews W. R. Wilkinson Company 1;ed Tyler A. J. Beinschroth Sherwin Electric Service BASE BID $6,985.00 7,911.00 7,817.00 8,076.00 8,287.00 8,986.00 No Bid ALT. #1 $275.00 201.00 400.00 No bid No bid 245.00 749.00 TOTAL $7,260.00 8,112.00 8,217.00 8,076.00 8,287.00 9, 231. 00 749.00 Councilman Camphouse moved that the Council approve the recommendation of the Director of Public Works and that the contract for the construction of a comfort station and appurtenances in the Wilderness Park be awarded to the low bidder Robert Paoluccio in the total amount of $7260.00; that any irregularities or informalities in the bid or the bidding process be waived; that the Mayor and City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney; that all other bid deposits be returned; and that the sum of $7,400.00 be appropriated from the recreation fund unappropriated surplus account No. 290 to recreation fund capital projects account 9. 5-19- 59 '-C ',4~q2 __ ':!..o.;l-:.. BID RESULTS (Water Main Installation) 16') 'J COMMUNICATION (Adams) :; ~I ;;' BUSINESS PERMIT RENEWAL ,\ " - ').' TAXICABS 115 No. 150-23. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The following bids were received for the installation of cast iron water mains in Valencia Way from Foothill Boulevard to Hillcrest Boulevard and in Hillcrest Boulevard from ISO-feet west of Valencia Way to 100-feet east of Valencia Way: BIDDER Industrial Pipeline Co. S. E. Pipe Line Construction Co. Pacific Pipeline Construction Co. Royal Pipeline Construction Co. ~ $5,920.00 6,972.00 8,844.00 . 9,085.00 1 DAYS 60 45 20 45 Councilman Camphouse moved that the Council approve the recommendation of the City Manager and the Water Superintendent and that the contract for the installation of cast iron water mains in Valencia Way from FootQill Boulevard to Hillcrest Boulevard and in Hillcrest Boulevard from ISO-feet west of Valencia Way to 100-feet east of Valencia Way be awarded to the low bidder Industrial Pipeline Company in the amount of $5,920.00; that any irregularities or informalities in the bid or the bidding process be waived; that the Mayor and,City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney; and that all other bid deposits be returned. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillip~, Reibold NOES: None ABSENT: None Mayor Reibold referred the communication from Mrs. C. T. Adams, 911 North Second Avenue, re Vista Park maintenance, to the Staff. Councilman Jacobi moved that the City Council approve the application of R. L. Polk & Co., 120 East 8th Street, Los Angeles, California, for a renewal of a business permit for the solicitation of merchants for advertising to be printed in the City Directory, and that the provisions of Section 18 of Ordinance No. 737 applicable to previously licensed businesses, be waived. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Balser moved that the City Council approve the application of Arcadia-Monrovia Valley Cab Company for permission to replace six 1951 and 1952 taxicabs with six 1957 cabs. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: 1 AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None COUNTY BOUNDARY COMMISSION INDEXED f:01lJ,,\ I:'\'~I' \ AUDIENCE PARTICIPATION: Mayor Reibold ordered filed notices from the County Boundary Commission that the City of El ~wnte has filed annexation proposals No. 193, being the northwest corner of Lower Azusa Road and El Monte Avenue, and No. 194, being south of the San Bernardino Freeway in the southwest portion of El Monte, since they have no effect upon the City of Arcadia. No one in the audience desired to address the Council. 10. 5-19-59 --'4h~3 -..~ ....,p!~~ MATTERS FROM CITY OFFICIALS: INSURANCE Councilman Phillips moved that Council accept the recommendation of the City Manager and authorize the placing of the following insurance LNDEXED coverage with the following brokers and insurance companies: (copy of ~.~ quotations received on file in office of City Clerk) 1:fr'" 1: Comprehensive General Liability Insurance (including fire, theft and material damage on vehicles owned by the City Kuhrts, Cox & Brander - Glove Indemnity Co. $12,500.00 1 2. Faithful performance bond on all employees excluding City Clerk in amount of $50,000 Huntington Associates, Inc. - Ohio Farmers Group - 3-year premium 2,024.30 3. Depositor's forgery bond policy in amount of $25,000 (excluding forgery by employees) Harold M. Moore - St. Paul Fire & Marine Ins. Company - 3-year premium 47.45 4. Valuable papers coverage in amount of $50,000 Huntington Associates - Ohio Farmers Ins. 3-year premium 105.12 Motion seconded by Councilman Camphouse and carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None EQUIPMENT nWEXED Recommendation of the City Manager that Council authorize the acquisition of the following pieces of equipment: ~:t0 1 Electric Perforator Treasurer - Office Machines & Furniture 105-20 $ 625.00 1 Electric typewriter 1 Stenographer desk 1 Typewriter stand 1 Posture chair Personnel - Office Machines & 494.00 218.00 76.00 62.00 Furniture 106- 20 850.00 Installation of plumbing and storage cabinets in duplicating room Building Improvements - General City 109-20 2,000.00 1 Two-way radio Communication Equipment - Police 120-22 565.00 1 1 Pickup truck equipped with red light signal and alternator 2,300.00 1 Two-way radio for instal- lation in above truck 565.00 Automotive Equipment - Fire 121-21 2,865.00 Total $6,905.00 The City Manager Pro Tempore advised that the items for the Personnel office were necessitated because of the contemplated separation of the Personnel office and the Business License office. Councilman Camphouse commented that although he would not vote against the recommendation of the Manager's office on the above items he would like to personally voice his opposition to the increased expense entailed by the separation of these two offices. 11. 5-19-59 , .. L"~~ --: IT).... _ _..4;~,r:,J> Councilman Phillips then,moved that Council accept the recommendation of the City Manager and authorize the transfer from Council Contingency Fund of $6,905.00 to the various accounts and for the various purposes outlined above. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Balser moved that in accordance with the recommendation of the City Manager Pro Tempore the Mayor and City Clerk be authorized to execute an amendment to the present contract with Glasser & Miller for the installation of the two-way radio in the ambulance in form approved by the City Attorney. Councilman Jacobi seconded the motion and it was carried unanimously. 1 RUMMAGE SALE Motion by Councilman Jacobi, seconded by Councilman Camphouse and carried (Arcadia unanimously that permission be granted the Ar~adia Women's Democratic Women's Club to hold a rummage sale on June 5 and 6, 1959 at 23 East Duarte Road. DemocraUc Club) lND~~~ f1.TIIJ.'~' RENEWAL OF Councilman Camp house moved that Council approve the renewal of the ASSIGNMENT Assignment Agreement for State-Owned Civil Defense Fire Pumper No. 66, AGREEMENT between the City and State of California, commencing May 28, 1959 and (Civil Defense)ending May 28, 1960, and that the Mayor and City Clerk be authorized to execute said agreement in Jorm approved by the City Attorney. The City 15-'Y Attorney pointed out the requirement that the City man the equipment around the clock when called to respond to a disaster call, and pointed out the probable fire hazard this next summer and its possible cost to the City. Councilman Balser seconded the motion and it was carried unanimously. SALE TO CITY OF PARAMOUNT (Fly-Spray Units) INDEXE~ \\~ EMPLOYMENT OF SPECIAL COUNSEL (Surr and Hellyear) INDEX:~~ ~~ Request of the City Manager Pro Tempore for permission to sell to the City of Paramount two fly-spray units at a cost of $53.70 each. He explained that originally the City of Arcadia purchased six such units at a cost of $83.05 each; that to date only one has been used by the Fire Department, not for the original purpose of fly extermination, but for deodorizing smoke-filled rooms; and that if sold, a 2% depreciation reduction is in order. Motion by Councilman Jacobi, seconded by Councilman Phillips and carried on roll call vote as follows that the City Council authorize the sale of two of the above mentioned fly-spray units at $53.70 each to the City of Paramount: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, R&ibold NOES: None ABSENT: None The City Attorney advised that an injunction suit has been filed in the Los Angeles County Superior Court (case No. 722647) by the Board of Water Commissioners of the City of Long Beach, et al vs. San Gabriel Valley Water Company, et al, for the purpose of determining water rights in upper San Gabriel Basin; that he recommended Council authorize the City joining in a formal contract of employment with Surr & Hellyear as Special Counsel in this matter on the fee basis recommended by the Lawyers Committee of the Upper San r ',"'~l Valley Water '.."elation. which he explained in full. He added that he will appear as attorney of record also but that Special Counsel will guide the overall conduct of the case. That the initial down payment of such Special Counsel is $500.00 for the City of Arcadia. 1 He commented that such contract not become effective until similar contracts have been signed by 50% of the water producers of the member- ship of San Gabriel Valley Water Association and stated that the City may withdraw at any time from this contract of employment and is 12. 5-19- 59 1 ORDINANCE No. 1058 IND~X~D RESOLUTION No. 3131 1 :tNDtX~D .~,45.35' obligated to pay only for services rendered up to time of withdrawal; that upon withdrawal of any membel the remaining members continue to share the overall expense on the same pro rata basis. , , Councilman Phillips moved that Council accept the recommendation of the City Attorney and authorize the Mayor and City Clerk to execute a contract of ' employment of Special Counsel with the law firm of Surr and Hellyear for the conduct of the suit of the Board of Water Commissioners of the City of Long Beach, et al vs. San Gabriel Valley Water Company, et ai, Los Angeles County Superior Court Case No. 722647, on the basis outlined by the City Attorney; said contract to be in form approved by the City Attorney; and that the sum of $500.00 be paid to such Special Counsel as the initial down payment in the prosecution of said case, said contract to be effective only when 50% of the producers of the San Gabriel Valley Wat"er"Associacion have similarly signed up. Council- man Balser seconded the motion and it was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen None" (I None Balser, Camphouse, Jacobi, Phillips, Reibold The City Attorney presented, explained the content and read the title of Ordinance No. 1058, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION NO. 4 AND SECTION NO. 6 OF ORDINANCE NO. 1016 OF SAID CITY." , :Jr. He added that the Los Angeles County Board of Supervisors has ordered an increase in dog license fees and that since Arcadia is under contract with the County at the present time it is obligated under the contract to amend its fee schedule accordingly. Councilman Balser moved that the reading of the full body of Ordinance No. 1058 be waived. Motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Balser further moved that Ordinance No. 1058 be introduced. Motion seconded by Councilman Jacobi and carried on roll call vote as fo llows : AYES: Councilmen Balser, Phillips, Reibold NOES: Councilmen Camphouse and Jacobi ABSENT: None The City Attorney presented and read in full Resolution No. 3131, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING DELETION OF RAISED TRAFFIC BARRIERS WITHIN THE INTERSECTION OF HUNTINGTON BOULEVARD AND COLORADO PLACE FROM THE PROPOSED CONTRACT FOR CONSTRUCTION ON STATE HIGffi,AY IN LOS ANGELES COUNTY, IN ARCADIA, BETI,EEN MICHILLINDA AVENUE AND HUNTINGTON BOULEVARD, DISTRICT VII ROUTE 161, SECTION Ada." Councilman Phillips moved that Resolution No. 3131 be adopted. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 13. 5-19-59 - 4~~h _ 'l'};lO ORDER OF IMMEDIATE POSSESSION (Sup. Ct. No. 717171) IV 5 f INDEXED ORDER OF IMMEDIATE POSSESSION (Sup. Ct. No. 719580) INDEXl;D //! P ANNEXATION NO. l7-A SOUTHWEST ARCADIA, INHABITED 7 :3 'II The City Attorney advised that the City has been served with Summons, Complaint and Order of Immediate Possession in Los Angeles County Superior Court; Case No. 717171, filed by Los Angeles County Flood Control District vs. Bales, et al, for acquisition, among others, of some minor parcels owned by the City, and that he recommended Council authorize him to appear and answer if necessary, and in the meantime, to negotiate a favorable acquisition price for submission to the City Counc i 1. Councilman Balser moved that the Council accept the recommendation of the City Attorney and that he be authorized to appear and answer when and if necessary in the matter of the Cqmplaint filed by the Los Angeles C9unty Flood Control District vs. Bales, et ai, Los Angeles County 1 Superior Court Case No. 717171, and in the meantime to negotiate a favorable acquisition price for the land i~ question and submit same to the City Council. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney also advised that the City has been served with Summons, Complaint and Order of Immediate Possession in Los Angeles County Superior Court, Case No. 719580, filed by the County of",Los Angeles vs. Anchor Securities, et al, to acquire, among others. two small parcels owned by the City for the contemplated riding trail up the Arcadia Wash, and asked the Council's desire in the matter. :11 \ Councilman Camphouse stated that inasmuch as on prior occasions the City Council of Arcadia, not all of which is the present Council, 'has encouraged the County to proceed with this riding trail, th~t he feels it is in order for the present Council to proceed with this, 'and 'moved that the City Attorney be authorized to appear and answer in this matter when and if necessary, but in the meantime to negotiate a favorable acquisition price, which price is to be submitted to the Council. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney advised that Annexation No. l7-A Southwest Arcadia, Inhabited was completed as of 1:30 P.M, today CMay 19, 1959); that he will attempt to have the de-annexation proceedings prepared for the next Council meeting with respect to the First Baptist Church of Temple City; that he suggested the elimination from the de-annexation proceed- ings of any property required for the uniform widening of Baldwin Avenue in the area; that he will request that said Church offer to dedicate the necessary property rather than make it a condition of the 1 de-annexation. He added that the City has as of this date, taken over the maintenance and policing of the streets, police protection of the area and building inspection as to all neW construction; that the County will continue to inspect structures for which permits were previously issued and under way; that the area will soon be withdrawn from the sewer maintenance district, the County continuing to maintain same for some months thereafter as the area has been assessed for it; that the area will doubtless be withdrawn from the lighting maintenance district; and he suggested that the City Engineer be given authorization to write to the County authorizing the amendment of the City's signal maintenance agreement, because under the annexation the City picked up the rest of the corner of Baldwin and Las Tunas and its signals. 14. 5-19-59 1 ARCADIA AVENUE OPENING 1.1" 1.1 TRUCK ROUTE INDEXED fJSf LIBRARY INDFX":D ,"j:; r , ' "' 1 ORDINANCE No. 1059 IND'EXED - ah9"" - ....""r:..JS Councilman Phillips moved that the City Engineer be authorized to write to the County regarding the amendment of the signal maintenance agreement on the corner of Baldwin Avenue and Las Tunas Drive. Council- man Camphouse seconded the motion and it was carried on roll call vote as fo llows : AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None The City Attorney advised that time is running out on Arcadia Avenue and that if it be Council's desire to proceed with the opening and improve- ment of Arcadia Avenue, that they authorize the employment of the law firm of Burke, Williams and Sorensen to conduct the proceedings, prefer- ably under the 1913 Act; authorize ,them to employ such engineering help as is necessary, preferably with the concurrence of the City Engineer as he will be involved, and to have the initial phases of the proceedings prepared and presented to the Council at the earliest possible date. The City Engineer commented that his office is investigating the matter of engineers very thoroughly, as well as of appraisers, and that a report concerning this matter will be presented to the Council in the very near future. Councilman Camphouse moved that the City proceed with the opening and improvement of Arcadia Avenue and that the above recommendation of the City Attorney be accepted and the employment of the law firm of Burke, Williams and Sorensen be authorized for the conduct of the proceedings, preferably under the 1913 Act for the opening and improve- ment of Arcadia Avenue. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, 'Phillips, Reibold NOES: None ABSENT: None The City Attorney advised that the Staff is working on the truck route situation; that there will probably be no major changes but that it is necessary that the situation be reviewed, and that a staff report will be prepared and presented to the Council in the very near future. < Motion by Councilman Phillips, seconded by Councilman Balser and carried on roll call vote as follows that Council authorize Mr. Gene Gregg, Chairman of the Library Board, to attend the American Library Association Convention in Washington, D. C. June 21 to 27, 1959, funds for such attendance being reflected in the current Library budget, and that during this trip East Council also authorize his interviewing certain applicants in the vicinity of Washington,D. C. for the position of City of Arcadia Librarian: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Mayor Reibold presented, explained and read the title of Ordinance No. 1059, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2 OF ORDINANCE NO. 58 OF SAID CITY," He added that the ordinance provides that the salary of the City Clerk of the City of Arcadia shall be and the same is hereby fixed at the sum of $550.00 per month, payable in the usual manner. That under the provisions of the Charter, the City Clerk's salary cannot be changed during an incumbent's term of office; therefore, in order to get the salary in line it is necessary to do this prior to the next election 15. 5-19- 59 :.. ~.c.-,p '_ 'fliJ:.),c;!I '. . ", . .... ADJOURNMENT which will be approximately a year from this date; that it in no way changes the existing salary of the present City Clerk unless she should elect to run for re-election and be re-elected. The City Attorney stated that the ordinance as drawn recites that it does not affect the salary of the incumbent during the present term. He pointed out that under a recent court decision, in the event a vacancy occurs and a successor be not appointed but an election held, the successor would get the increased salary for the balance of the present term. Councilman Jacobi moved that the full reading of Ordinance No. 1059 be waived. Councilman Balser seconded the motion and it was carried on roll call vote as follows: 1 AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Councilman Jacobi further moved that Ordinance No. 1059 be introduced. Councilman Balser seconded the motion and it was carried unanimously. Councilman Camphouse commented that this action might eliminate much, misunderstanding as far as citizens are concerned, in that it would establish one figure of $550.00 as the full compensation,of the City Clerk rather than $350.00 as presently stated, with additional compensation and allowances of $185.00 for services other than those required by law of the Clerk. Mayor Reibold requested a roll call on the above motion made by Councilman Jacobi and seconded by Councilman Balser, which was called as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Upon order of Mayor Reibold the journed. ATTEST: e;k~p~~ City Clerk 1 16. 5-19-59