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HomeMy WebLinkAboutAUGUST 6,1957 I I INVOCATION P1,EDGE of ALLEGIANCE ROLL CALL APPROVAL OF MINUTES HEARING (Laurel Ave Alley) J,zf ~39t5 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 6, 1957 -The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8 p,m., August 6, 1957, , Rev, Henry Ewan of the Episcopal Church of the Transfiguration offered the Invocation, r~yor Dennis led in the pledge of allegiance to the flag. PRESENT: Councilmen Camphouse, Jacobi, Reibold and Mayor Dennis ABSENT: Councilman Phillips Motion was made by Councilman Camphouse that the Minutes of the July 16, 1957 meeting be approved. Said motion was seconded by Councilman Jacobi and carried unanimously, Mayor Dennis announced that the hour of 8 o'clock p.m. having arrived, this is the time and place for hearing protests or objections against the' assessment levied for the improvement of the first alley south of Laurel ~venue, between Second Avenue and Wigwam Avenue. The Mayor asked the City Clerk if she had the following affidavits relative t9 the hearing: Affidavit of Publication, Affidavit of Mailing and the Affidavit of Posting, The City Clerk replied that she had the three affidavits. Motion was made by Councilman Jacobi that the affidavits be received and filed. Said motion was seconded by Councilman Camphouse and carried unanimously. ' The Mayor asked the City Clerk if she had received any written protests or objections against the assess- ment or against the improvement of the first alley south of Laurel Avenue as constructed or against the proceedings, The City Clerk replied that she had received one protest, namely, Mr. and Mrs. C, T, Adams, 911 South Second Avenue, had made written protest. The Mayor asked if anyone wished to speak in behalf of the written protest, . Mr. Calvin Adams, who supplied the written protest, addressed the Council, protesting the assessment. He stated in substance that the assessment for his lot, the corner lot, was in excess of what it should be and far greater than the assessment on any other -1- 8-6-57 "391.6 /fr -yb RESOLUTION NO, 2917 INDEXEJ.'i lot; that he had appeared twice previously protest- ing the assessment, The City Engineer reported that the protestant's property abuts the alley the long way; that the lots on the other side of the alley abut the alley at the rear of the property; that the spread of the assessment was made on the front foot basis, the same basis used for other alleys in the City as a whole; that the protestant has access anywhere along the alley for the first house, second house, or whatever else he has on the property. Mr. Adams added that he would use the alley for a garage, that he had no other use for the alley. Motion was made by Councilman Reibold that the hearing be closed. Said motion was seconded by Councilman Camphouse and carried unanimously. Councilman Jacobi felt that the formula used for the spread of the assessment did not seem equitable, The City Engineer replied that the assessment for the property in question was greater than any of the others, but no other lots had as much footage abutting the alley; also that previously other lots in the area had been similarly assessed. Motion was made by Councilman Camphouse that the protests be overruled and denied. Said motion was seconded by Councilman Reibold and carried unanimously. The City Attorney presented, discussed, and read the title of Resolution No. 2917, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF THE FIRST ALLEY SOUTH OF LAUREL AVENUE BETWEEN SECOND AVENUE AND WIGWAM AVENUE". Motion was made by Councilman Jacobi that the full reading of the body of Resolution No. 2917 be waived. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis, NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Jacobi that the Resolution No. 2917 be adopted, Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis. NOES: None ABSENT: Councilman Phillips HEARING (Bied) Application of the BBC Vending Company, 2301 South II Central Avenue, Los Angeles, for permission to :A'q install an amusement target game in the Thrifty Drug Store. Mayor Dennis declared the hearing open and asked if anyone wished to speak on the matter. Mr, Paul Clarr, representative of the Company, addressed the Council, describing the machine, Motion was be closed. Jacobi and made by Councilman Camphouse Said motion was seconded by carried unanimously. that the hearing Councilman -2- 8-6-57 1 , I ~a9t7 1"-''1 Councilman Camphouse 'felt that an amusement game of this nature would not be appropriate in a place of business such as the Thrifty Drug Store; more, likely in a penny arcade. I^ HEARING (Maryknoll) 433JJ HEARING (Ostrin) ~ _: - I (j...,f~ ~ 1 Motion was made by Councilman Camphouse that the application of the BBC Vending Company to place an amusement target game in the Thrifty Drug Store be 'denied, Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold NOES: Councilman Dennis ABSENT: Councilman Philli~s Application of the Maryknoll Tuberculosis Guild, Monrovia, to solicit advertising from Arcadia merchants for a program to be distributed at a benefit event. Mayor Dennis declared the hearing open and asked if anyone wished to speak on the matter. Mrs. Margaret C, Tullgren, 522 Monte Vista Road, Arcadia, addressed the Council, stating that the proceeds of the drive would go to the Maryknoll Tuberculosis Guild; and that over fifty percent of the members live in Arcadia, Motion was made by Councilman Reibold that the hearing be closed, Said motion was seconded by Councilman Camphouse and carried unanimously, Motion was made by Councilman Reibold that the application of the Maryknoll Tuberculosis Guild to solicit advertising from Arcadia merchants be granted. Said motion was seconded by Councilman Jacobi and carried unanimously, Application of Herman Ostrin, 304 South Central Avenue, Los Angeles, for permission to hold an auction of the equipment of the Pavo Turkey Company for the Bank of America at 215 East Huntington Drive on August 8, 1957. Mayor Dennis declared the hearing open and asked if any- one wished to speak on the matter. Mr, Ostrin, the applicant, addressed the Council, stating that since the application was made, they have been com- missioned by the Internal Revenue Department, which also has a claim, to conduct the auction; that it is strictly a commercial sale, Motion was made by Councilman Camphouse that the hearing be closed, Said motion was seconded by Councilman Jacobi and carried unanimously, Motion was made by Councilman Jacobi that Herman Ostrin be granted permission to hold the auction' sale at 215 East Huntington Drive on August 8, 1957, Said motion was seconded by Councilman Reibold and carried unanimously, Motion was made by Councilman Camphouse that the unused portion of the investigation fee be refunded to the above three applicants; the BBC Vending Company, Maryknoll Tuberculosis Guild and Herman Ostrin, Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: -3- 8-6-57 ~3918 AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips, HEARING The City Engineer reported that proceedings for the (Improvement construction of curbs and gutters on the northerly side of Camino Real) 'of Camino Real Avenue and east of EI Monte Avenue had ~~ir been instituted under Chapter 27, Part 3, Div, 7 - of the , Streets and Highways Code, that notices had been mailed to all residents of the area affected, and that an affidavit of posting said notice had been filed with the City Clerk, along with the affidavit of mailing, Mayor Dennis declared the hearing open and asked if anyone wished to speak on the matter. Mr, Herman A, Niederwerfer, 4858 Placer Drive, Los Angeles, stated that he was the owner of a vacant lot in said area and asked whether or not the majority of the property owners were in favor of such improvement, The City Engineer reported that there are nine property owners affected by the improve- ment, four of whom were favorable; that more than fifty percent of the owners, by area, in the block had already constructed and paid for such improvements; that as a result, the City Council had exercised the option of initiating the proceedings, The City Attorney stated that property owners would have sixty days in which to have the work done themselves; otherwise, the City would have the work done and assess the costs to the property owners. I There being no one else desiring to be heard, motion was made by Councilman Reibold that the hearing be closed, Said motion was seconded by Councilman Jacobi and carried unanimously. Motion was then made by Councilman Reibold that the protest be overruled and that the City Engineer be instructed to continue with the proceedings for the improvement of Camino Real Avenue, on the northerly side of the street, east of EI Monte Avenue. Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips. ORD, NO,989 (Green River type) ~~'O ~ Mayor Dennis announced that the City Clerk had received a number of communications and requests from persons desiring to be heard regarding the proposed Ordinance No. 989, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, PROHIBITING THE SOLICITING OF ORDERS, PEDDLING, HAWKING, VENDING AND THE SALE OF GOODS, WARES AND MERCHANDISE FROM DOOR TO DOOR IN THE CITY OF ARCADIA WITHOUT THE INVITATION, CONSENT OR REQUEST OF THE HOMEOWNERS OR TENANTS IN POSSESSION, I Mayor Dennis reminded the audience that this was not a public hearing on the matter, but as a result of the receipt of the communicatiom and requests to be heard, that the Council would have all communications read and permit persons to address the Council regarding the matter. The City Clerk read communications protesting the adoption of such an ordinance from: -4- 8-6-57 ~3919 .:);1.1" Henry Layne, President, Arcadia Council of Protestant Churches Ed. Beaty, Secretary-Manager of the Arcadia Chamber of Commerce Golden State Company, Ltd, Foremost - Golden State Company, Ltd. George D, Nickel, 1300 Ramona Road, Arcadia C, K, Eatong, 1108 Hugo Reid Drive, Arcadia California Industries of the Blind Written communications favoring proposed ordinance adoption was received from: I Dorothy Ross, 2650 Loraine Road, San Marino ' Mr. and Mrs, Ray F, Kendall, 829 Kingsley Drive, Arcadia Mrs. Richard F. Young, 1104 Hugo Reid Drive, Arcadia William Van Doren, 182 Wistaria Avenue, Arcadia, addressed the Council, wanting to know if the ordinance applied to services such as insurance, The City Attorney advised that in his opinion it would apply to the simple sale of an insurance ,policy, but not to insurance counselling, Mr. Edward K. Waters, President of the Pasadena-San Gabriel Valley Life Underwriters Association, addressed the Council, protesting the adoption of the proposed ordinance and adding that many of their salesmen live in Arcadia, Mr' Waters felt that such an ordinance would deprive the citizens of many of the services they render, Patrick H, Cox, 1030 El Norte Avenue, Arcadia, addressed the Council in protest, stating that it would restrict free enterprise and detract and deter his own business in the City, that of an insurance agent. Mr. E, G, Belthouse,- President of the California Association of Life Underwriters, representing over 5000 life insurance men in the State, addressed the Council, protesting the ordinance. He stated in substance that life insurance always will be regarded in the light of services, that they do not sell merchandise, but offer their services in counselling manner; that such an ordinance would prevent business men from conduct- ing their business in a legitimate manner. I Councilman Reibold inquired how the life insurance business was carried on in those states where the "Green River" ordinance is existent, Mr' Belthouse replied that as to the State of Wyoming, he could not answer, but that in Michigan in 1948 there were no such ordinances' in existence to his knowledge, Upon questioning from the City Attorney, he stated that he would still oppose the ordinance even if his type of business were excluded from the ordinance, Mr. Frank Loy, Attorney with the firm of O'Melveny and Myers, representing Avon Products Company, Inc" (appointed by the National Association of Direct Selling Companies to represent all members of their Association at this meeting) addressed the Council in protest to the adoption of such an ordinance, Mr. Loy stated that he believed direct selling had many advantages such as Introducing new products; providing employment to many individuals who prefer to conduct their own business and to individuals who may be handicapped physically, Mr, Sol Hirschhorn, Executive Director of the California Credit Merchants Association, addressed the Council, stating that he represents over two hundred companies and individuals engaged in house-to-house selling, Mr. Hirschhorn protested said ordinance and quoted from a memorandum on the history of the "Green River" ordinance, copy of which was presented to the City Clerk. -5- 8-6-57 --"J()(~O ti,~ ji'r. Mr. Arnold Anderson, Executive Vice President of the Municipal License Tax Association, 942 South Hope Street, addressed the Council, protesting the proposed ordinance, Mr, Anderson stated that his organization was composed of manufacturers, wholesalers, and retailers; that some of their members have established routes, calling on the home- owners, such as the Helms Bakery, Golden State Dairy and others, Mr. Anderson also stated that contacts must be made with new residents as people move about a great deal, Mr, Paul Pitini, representative of the Sears Roebuck Company, addressed the Council, in protest to the proposed ordinance, He stated that his company has employees living in Arcadia and that some of their products are sold door-to-door; that it would seriously curtail their business activities, Mr. G, Norman Kennedy, Attorney for the Bates Chevrolet Agency in Arcadia, addressed the Council, in protest to the proposed ordinance. Mr, Kennedy stated that he believed that if this ordinance were adopted a federal question might be raised; it could result in litigation; that the growth off this country has been predicated upon the small businessman, Mr. Kennedy asked the Council to reconsider the adoption of this ordinance, Mr. George Albaugh, Realtor, 706 S, First Avenue, Arcadia, addressed the Council in protest to the proposed ordinance, stating that such an ordinance would restrict the liberties of the citizens more than all the ordinances put together; that no member of the Realty Board would like their particular business exempt while it would apply to all other businesses. Mr, Albaugh also asked reconsideration on the part of the Council., I Mr, Fisher, giving an address on Arcadia Avenue, addressed the Council, protesting the proposed ordinance, stating that the Federal Government protects anyone engaged in Interstate commerce, but an individual not so covered would be restrained by such an ordinance, In view of Councilman Phillips' absence, Councilman Camphoue moved that the matter be taken under advisement. Councilman Reibold seconded the motion and added that the question to be decided is a matter which the people themselves should decide. Said motion carried unanimously, Councilman Jacobi also agreed with Councilman Reibold and suggested that the people make recommendations. THE CITY COUNCIL RECESSED AT 10 P.M, for ten minutes. PETITIONS The City Clerk reported that she had received petitions from I (Beautification) the Homeowner's Association of South Arcadia with 601 J~li signatures. Said petition requested the preservation of trees on Santa Anita Avenue and the presentation of a plan for the beautification of Arcadia, Mr, Douglas C, Huntington, 1814 South Watson Drive, addressed the Council, reading a report of the proposed plan for the beautification of streets of Arcadia and more specifically, Santa Anita Avenue, The report was filed with the City Clerk. Their basic plan is as follows: "1. Maintain the center parkway Island of Santa Anita Avenue at its present width, 2, Save the existing trees by means of a planned program of tree surgery, spraying and adequate watering, -6- 8-6-57 I I ~ ;j82:t jr.," , ' 3. Decisions concerning future removal of trees should be made in an objective manner according to established forest- rry principles. They should not be made by viased individuals who specialize in tree removal, 4, Replace those trees which have been removed and those which are now dead due to lack of adequate maintenance, in accor- dance with the tree planting suggestions contained in the plan submitted by Arcadia Beautiful and accepted by the City Council in April 1954, This plan recommended that Holly Oak be used the entire length of Santa Anita Avenue, From Foothill Boulevard north, the Holly Oak to be alter- nated with Jacaranda, Between Duarte Road and Live Oak Avenue the alternate tree to be Victorian Box. It should be understood that these trees are to be used to fill in existing open spaces, Under no circumstances do they want good trees removed, These new trees should have the needed specialized care so they may have a good chance to attain full growth. 5, Plant and adequately maintain grass on the parkway island extending the full length of Santa Anita Avenue." Mr, J, H. Gooding, 2330 El Capitan Avenue, addressed the Council, requesting that the trees be retained on Santa Anita Avenue, and that Rodell Place be cut through the parkway on Santa Anita Avenue, because of the inconvenience that is caused by the lack of this cut-through. Mrs, John P. Meehan, 460 W. Walnut Avenue, addressed the Council, reading a communication on behalf of the American Association of University Women, Arcadia Branch. The letter requested that the trees be maintained on Santa Anita Avenue and that the divider strip remain in its present width; that should the avenue become a major traffic artery, it would pose a great hazard to the school children attending the five different schools adjacent to the street, Mayor Dennis remarked that all communications would be given careful consideration, He added that Arcadia is undergoing some changes; that these changes do affect all the streets in Arcadia; that in 1956 the daily traffic at various inter- sections on Santa Anita Avenue were as follows: Sierra Madre 7,760 vehicles Colorado Boulevard 11 , 200 .. Huntington Drive 11 , 700 .. Duarte Road 20,800 .. Camino Real 8,700 .. Longden Ave. 7,500 .. Live Oak Ave 7,500 .. Mayor Dennis continued that as to the removal of trees on Santa Anita Avenue, there had been 250 pepper and eucalyptus trees removed from the center island and parkway on Santa Anita Avenue during the last three years; because of the extreme traffic hazard caused by them, or because the trees were either dead or diseased; that during the same period of time approxi- mately 200 trees were planted in the center island and on the parkways; that the major problem faced on Santa Anita Avenue was the riding of horses. CAPITAL Councilman Camphouse, Chairman of the Capital Projects PROJECTS Committee, read the committee1s report, dated August 6,1957, COMMITTEE The report recommended the approval of the following projects REPORT and that work be commenced as soon as possible, JJ,'/DEXLlJ j', J-f ',i'JI -7- 8-6-57 ~3922 *Ba1dwin Ave fire station *Centra1 Fire station Property acquisition for central fire station *Plans for design for Santa Anita Avenue and Huntington Dr, *Beautification, Santa Anita Avenue, Orange Grove to Foothill *Beautification of Huntington Drive, Holly to Michillinda *Curbs and gutters, south side of Colorado Blvd"Michillinda to Princeton *Betterments from Live ,Oak to Duarte Road (bridges) City share *Storm drain construction, Lower Y to east branch, Santa Anita Wash $40,000 165,000 45,000 7,500 13,500 109,400 10,000 I 12,000 Total 9,500 $411,900 * Projects to be sent to bid, Motion was made by Councilman Camphouse that the City Council accept the report of the Capital Projects Committee. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Camphouse that the total of $99,772,14 be appropirated from available unappropriated surplus of the General Fund to the respective Capital Projects Accounts for the execution of the capital projects approved by the City Council as of July 1, 1957, namely, as follows: Plans for fire station $16,000.00 Parking, curbs, drives, walks (balance) 14,343,75 Communication system(balance) 1,102,39 Mosaic treatment 18,000,00 Landscaping 24,737.00 Contingencies 25,589,00 Total $99,772,14 I and that the current fiscal budget be amended accordingly. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Councilman Camphouse commented that the beautification program has been enhanced by the employment of four additional men solely for the purpose of working on the beautification program; that there are many items in the budget for park and recreational purposes which are not identified as such. -8- 8-6-57 1 FUND DRIVE ( COM, CHEST) j3~ -nv W A B A (Parade) lNDEXED -. (., --.. LlJ40 Motion was made by Councilman Camphouse that the City Council approve the capital projects, Items No 7 to 15, inclusive, of the report of August 6, 1957 and that $411,900 be appropriated to the Capital Projects Account from available unappropriated surplus funds. Mr, John Morse, 1912 Watson Drive, addressed the Council, inquiring if the center of Santa Anita Avenue is planned to be narrowed along ~he entire length of the Avenue, Councilman Reibold remarked that Santa Anita Avenue is being developed to provide a wider thoroughfare as the traffic problem is increasing in Arcadia; that otherwise the traffic would go down the narrow streets for it must go somewhere; that the City has an east-west and north-south bound traffic problem. Mayor Dennis felt that landscaping the north part of Santa Anita Avenue first would give the City an opportunity to live with it for a while and see what actually could be accomplished; that because of the proposed freeway many questions could not be answered at the present time, The motion made by Councilman Caphouse was seconded by 'Councilman Jacobi and carried on roll call vote as follows: AYES: Councilman Camphoua, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Request of the Arcadia Community Chest for permission to conduct their annual fund raising campaign, Oct, 1 to Nov, 15, 1957, Mayor Dennis asked if there was objection to the granting of such permission. There being none, it was voted unanimously that such request be granted, Motion was made by Councilman Reibold that permission be granted to the West Arcadia Business Association to hold a "Back to School" parade on August 31, 1957 on Baldwin Avenue, from Fairview Avenue to Naomi Avenue. Said motion was seconded by Councilman Camphouse and carried unanimously. PLANNING COM, Planning Commission recommendation regarding zoning of RES,NO.261 property located at the northwest corner of Second Avenue (Zone 'D') and Live Oak Avenue. j;l.(j I LOT SPLIT No, 145 ,jlo7 STREET IMPROVE- MENTS ,9111 Motion was made by Councilman Camphouse that a public hearing be set for August 20, 1957 at 8 p,m. on the matter, Said motion was seconded, by Councilman Jacobi and carried unanimously. Recommendation of the City Engineer that Lot Split No, 145 (Jane B, Wunderlich, 525 West Walnut Avenue) be given final approval, as all requirements and provisions have been met. Motion was made by Councilman ation of the City Engineer be 145 be granted as requested, Councilman Jacobi and carried Camphouse that the recommend- accepted and that Lot Split No. Said motion was seconded by unanimously, Recommendation of the City Engineer that permission be given to institute proceedings to require the construction of curb and gutter on the unimproved parcel on Alta Vista and Short Streets; that all of the owners except one had constructed and such improvements at their own expense, -9- 8-6-57 ~:3924 ST. JOSEPH RESERVOIR SITE INDEXED PLANNING COUNCIL INDEXED ~111 Motion was made by Councilman Reibold that the City Council grant permission to the City staff to institute proceedings to require the construction of curbs and gutters on Alta Vista and Short Streets under the 1911 Act. COMMUNICATIONS (Triangle) J ~5 PROPOSED FIRE STA, (CENTAL) J) ~, Said motion was seconded by Councilman Jacobi and carried unanimously. Recommendation of the City Manager that $2,932.56 be appropriated to the St. Joseph Well Project Account from the unappropriated surplus in the Water Fund for the completion of the st, Joseph Well, 1 Motion was made by Councilman Camphouse that an appropri- ation of $2,932,56 be made to the St, Joseph Well Project Account from the unappropriated surplus in the Water Fund for the completion of the St, Joseph Well and that the . current fiscal budget be amended accordingly, Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Communication from the City Engineer reporting the organiza- tion of the West San Gabriel Valley Planning Council to promote the' general coordination of planning and publiC works in matters of area-wide interest; that the area proposed in fhis organization includes Alhambra, Arcadia, El Monte, Monrovia, Monterey Park, Pasadena and the adjacent area of Los Angeles County; that if agreeable to the Council, the staff will proceed in helping to culminate the organization of this council, Motion was made by Councilman Camphouse that the City Council approve the formation of the Planning Council and authorize the City Engineer to attend and participate in said Council, Said motion was seconded by Councilman Reibold and carried unanimously, The City Clerk read communications received protesting action of the City Council recently in connection with 'Triangle' zone change. Letters from Mr, and Mrs, Frank Rush, 2326 Suwanne Lane Mrs, Walter H, Hicks,210 S. Santa Anita Avenue Mrs. George Pritagano, 311 S. Third Avenue Mr, and Mrs. E, F. Kavanaugh,1637 Wilson Avenue Motion was made by Councilman Reibold that the communi- cations be filed, Said motion was seconded by Councilman Camphouse and carried unanimously, the the I Recommendation of the City Manager that the City Council adopt a Resolution authorizing condemnation proceedings for the acquisition of property at 716 and 720-724 South Santa Anita Avenue for the construction of a central fIre -10- 8-6-57 I I 5:<.73 CASSADY PROPERTY NS P .INDEXED ~a925 station, if negotiations for such acquisition are not successful; that the first parcel was appraised at $8,000 and the second parcel at $37,000. The City Attorney then presented, discussed, and read the title of Resolution No, 2914, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE PUBLIC WELFARE, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR A PUBLIC PURPOSE~ TO WIT, THE CONSTRUCTION OF A NEW CENTRAL FIRE STATION' Motion was made by Councilman Camphouse that the the full body of Resolution No, 2914 be waived. was seconded by Councilman Jacobi and carried on vote as follo\'ls: reading of Said motion roll call AYES: Councilman Campho~, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Camphouse that Resolution No, 2914 be adopted. Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT:" Councilman Phillips Councilman Camphouse stated that the City Council had agreed with the County of Los Angeles that the City would curb and gutter Huntington Blvd (east-bound) without cost to the County and contribute $10,000 towards the cost of the 40 foot strip of land lying between Huntington Blvd (east-bound) and the Arcadia County Park (commonly known as the Cassady property) if the County would acquire this 40 foot strip for park purposes; that from newspaper reports of the Board of Supervisors I action, it appears that the acquisition of the property is bogging down; that in view of the fact that the City of Arcadia has proceeded in good faith with its part of this agreement tand is currently constructing the curbs and gutters and road improvements, at no cost to the County, in reliance upon the fact that the County condemnation suit should be filed, he moved that the City Manager and City Attorney be instructed to forward a letter to the Board of Supervisors and to Mr. Legg1s office citing the actions to date and urgently recommending the acquisition of this property, even if actual condemnation must be used. Said motion was seconded by Councilman Jacobi and there being no objections, it was so moved. NOTICES Recommendation of the City Manager that notices received FROM COUNTY County Boundary Commission as follows be filed: BOUNDARY COMMISSION ANNEXATION NO, 127 INDEXED from ANNEXATION NO,130 to the City of El Monte, six small parcels of land near Tyler Avenue and about one mile south of Lower Azusa Road, to the City of El Monte, seven lots located one block north of Garvey Avenue and about, three blocks east of Rosemead, to the City of El Monte, approximately 10 lots located immediately south of the San Bernardino Freeway and east of Valley Boulevard. City of San Marino, uninhabited territry, approximately 800 feet easterly from San Gabriel Boulevard on the south side of Huntington Drive. ANNEXATION NO, 128 ANNEXATION to the -11- 8-6-57 . .. ~';'(J,2o Ui~' INDEXED INDE7~j) INCINERATOR;, BURNING \\~' INDEXZD TRAFFIC SIGNAL Sl INDEXED I, ANNEXATION NO, 1957 - 8 to the City of San Gabriel - area south of Hermosa and north Southern Pacific Railroad and easterly to Muscatel from Present City Limits. ANNEXATION 1957 - 9 to the City of San Gabriel - area south of Longden Avenue and north of Hermosa and easterly to approximately Muscatel from present City Limits, Motion was made by Councilman Reibold that the notices from the County Boundary Commission be noted and filed, Said motion was seconded by Councilman Jacobi and carried ~~==~. I Councilman Reibold brought up the matter of the County ban on incinerator burning after October 1, 1957. Motion was m~e by Councilman Reibold that the City Attorney be instructed , to prepare an ordinance banning backJyard burning, Said motion was seconded by Councilman Dennis and Carried unanimously. Mayor Dennis brought up the matter of the installation of a traffic signal at the Colorado Boulevard and Baldwin Avenue intersection, The City Engineer reported that the matter is being studied and recommendations would be forth- coming. ASSEMBLYIND~X~&he City Clerk read communication from the Mayor of Monterey BILL No, ~ ~~ark, thanking the Arcadia Councilmen for the support given 3996 Assembly Bill No. 3996, The communication was noted and ordered filed, RES, NO, 2911 rNDEX~b RES. NO, 2912 INDEXED The City Attorney presented, discussed and read the title of Resolution No, 2911, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACCEPTING GRANT DEED FOR STREET AND HIGHWAY PURPOSES," MotIon was made by Councilman Jacobi that the reading of the full body of Resolution No, 2911 be waived. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Jacobi that Resolution No, 2911 be adopted. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilman camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips I The City Attorney presented, discussed and read the title of Resolution No, 2912, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A LIMITED VARIANCE FOR THE CONTINUATION OF A TWENTY PUPIL DAY NURSERY AT 530 WEST LAS TUNAS DRIVE IN SAID CITY FOR A PERIOD OF FIVE YEARS". " Motion was made by Councilman Camphouse that the reading of the full body of Resolution No, 2912 be waived, Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman fh~lltQs -12- 8-6-57 RES. NO, 2913 ,INDEXED. I RES. NO. 2915 INDEXED I ORD, NO,988 INDEXED ~3927 Motion was made by Councilman Camphouse that Resolution No. 2912 be adopted. Said motion was seconded by Council- man Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips The City Attorney presented, discussed, and read the title of Resolution No. 2913, entitled: "A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, WITHDRAWING ITS REQUEST FOR THE ANNEXATION TO THE CITY OF ARCADIA OF CERTAIN CITY OWNED NON CONTIGUOUS REAL PROPERTY, AND REQUESTING TERMINATION OF PENDING PROCEEDINGS RELATIVE THERETO". ' Motion was made py Councilman Reibold that the reading of the full body of Resolution No, 2913 be waived. Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Reibold that Resolution No, 2913' be adopted, Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips The City Attorney presented, discussed, and read the title of Resolution No. 2915, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RESCINDING REJECTION OF OFFER OF DEDICATION FOR STREET PURPOSES AND ACCEPTING SUCH OFFER OF BEDICATION," Motion was made py Councilman Camphouse that the reading of the full body of Resolution No, 2915 be waived. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Camphouse that Resolution No, 2915 be adopted. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips The City Attorney presented, discussed, and read the title of Ordinance No. 988, entitled "AN ORDINANCE OF THE CITY COUNCIL THE CITY OF ARCADIAA CALIFORNIA, AMENDING SECTIONS 54 and 55 of ORDINANCE NO, 7215 OF THE CITY OF ARCADIA ,'" Motion was made by Councilman Jacobi that the reading of the full body of Ordinance No, 988 be waived, Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: -13- 8-6-57 -;-".""....8 ..->>,)~ ORD. NO. 990 ORD. 991 (Triangle) j~-' AYES: Councilman Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillis Motion was made by Councilman Jacobi that Ordinance No. 988 be adopted. Said motion was seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilmen Phillips The City Attorney presented, discussed and read the title of Ordinance No. 990, entitled, hAN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4 AND 5 OF ORDINANCE NO. 760 OF SAID CITY". I Motion was made by Councilman Reibold that the reading of the full body of Ordinance No. 990 be waived. Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips Motion was made by Councilman Reibold that Ordinance No. 990 be introduced. Said motion was seconded by Council- man Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold and Dennis NOES: None ABSENT: Councilman Phillips The City Attorney presented, discussed, and read the title of Ordinance No. 991, entitled, "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN REAL PROPERTY IN SAID CITY AND ESTABLISHING THE SAME IN ZONE C-M and ZONE D". Councilman Reibold read a report he had prepared on the matter as follows: "I do not wish to present tonight a closely reasoned technical argument, but rather would, if I may, talk about some of the bvoader aspects of the problem. However, in passing I would like to make four brief points: 1. Practically all of "the uses in our CM zone are not permitted in the County's C-3 zone on the south side of Live oak. They would require in County terms a CM or Ml zone. I 2. It is my understanding that it is the Planning Commission's recommendation that that property on the north side of Live Oak be zoned Cl which is more restrictive than the present zoning of the triangle. 3. I believe that generally speaking we are. in agreement that spot zoning is undesirable and since the area involved in this proposal is less than two lots, it would seem to me that it could not be viewed other than as a spot zone. 4. In one case on El Monte Avenue the difference in -14- 8-6-57 j(J5 I I ~3929 loan value, in terms of CM versus C2 across the street, was a reduction of $3,500 and I understand that in another case somewhat removed westward on Las Tunas the reduction was $2,590. Beneath all ,of this, there lies an issue whose importance to our people in this city is far greater ~han the question of whether. this small sliver of land should be placed in this zone' or. that_zone. And that issue is whether this Council or 'any other Council should under circumstances where the public necessity and welfare are involved, violate the rights of our people to determine for them- selves what kind of city they wish this to be. On many occasions, a few people whose interests were bounded by the triangle have appeared before the Planning Commission or the Council asking for zone change or various in the rules of the game. While the people who bought the land in the surrounding area and built their homes, asked for nothing other than that the rules not be changed. Historically man has fought to protect his home. I suppose the Neanderthal man standing in front of his cave, with club in hand, was motivated by forces the same as those which cause some of our people to stand in front of the railing and in words sometimes sharp pray that the council afford their homes protection. Some of you have taken an active part in the so called "Monterey Park" case and through your vigilent efforts were able to preserve for our people the principle of home rule. Should we promote home rule afar and deny self-determination at home? It seems to me that when more than five hundred of bur citizens petition their government to maintain the status quo we can not help but do what they wish if the matter of publiC necessity and welfare are not involved. States Rights, Home Rule, and Self Determination are the warp upon which the fabric of democracy is woven." Motion was made by Coucilman Reibold that the City Attorney be instructed to prepare a resolution terminating the proceedings pending with respect to the property referred to in proposed Ordinance No. 991 without any further zone change thereof, said resolution to embody such findings as are appropriate, and further granting a permanent variance to Herbert Kaillwode (Equip-Rent) as to the entire parcel of property now used for its operation upon the terms and conditions specified in Resolution No. 2759. Said motion was seconded by Councilman Jacobi, who remarked that this was a reversal of his former vote on the matter, but that after further study he felt this was the right thihg to do. Councilman Camphouse commented that he has been disturbed by the 'triangle' situation; that he does not know of any matter coming before the City Council which has caused so much pressure; that personalLl:y h:etg.idonot '.agree with the protestants, but that he would rather be wrong with the people than wrong against the people. \ -15- 8-6-57 ~3930 J~~ Mayor Dennis remarked that the Council had tried to work with the people in the area and had changed from the original plan of zoning the entire area 'CM' with a 'Dr overlay - that the proposed bowling alley was a step back; that the entire matter of rezoning the area was at the instigation of the Council because it was a fringe problem area; and he still believes it is a step in the right direction; that re-zoning it would be a better solution than just letting it lie there. BALDWIN AVE. PROPERTY INDEXED > P II ., ADJOURN The motion made by Councilman Reibold was carried by roll call vote as follo\'IS: AYES: Councilman Camphouse, Jacobi, Reibold NOES: I~yor Dennis ABSENT: Councilman Phillips The City Attorney advised that under Ordinance No. 954, the Council had determined that certain property on the west side of Baldwin Avenue, extending southerly from Camino Real should be reclassified to Zone C-l upon compliance with certain specified conditions; that among these conditions were the dedication of.property for the widening of Baldwin Avenue, and the widening and extension of Callite Street, and for an alley south from Camino Real; and the reversal of the three corner lots facing Camino Real so as to face Baldwin Avenue; that the owners are agreeable to all conditions but the accomplishment of the conditions affecting the three northerly lots facing Camino Real require the sale of the properties as a unit and the sale of the properties in turn requires the zone change; that the owners of the three northerly lots will sign an agree- ment enforcible by each other and by the City of Arcadia stating that the property will be used only for R-l purposes unless and until the conditions for the dedications and reversal of the lots shall have been complied with, said agreement to be placed on record. That such a covenant would accomplish in time the conditions imposed by the Council and. would facilitate such accomplishment whereas practical difficulties prevent the accomplishment of the conditions at this time. I Motion by Councilman Jacobi that the City Council accept a covenant, enforcible by each of the parties and by the City of Arcadia, to accomplish the reversal of the Camino Real frontage lots and the required dedication of street and alley frontages affecting these lots in lieu of the performance of such conditions prior to C-l reclassification of the properties. Said motion was seconded by Councilman Camphouse and carried unanimously. Motion by Councilman Reibold and seconded by Councilman Jacobi that the meeting adjourn to Tuesday, August 13, 1957, at 7 PM. I Motion carried unanimously. ATTEST: .:\ tti~f~L ?::~7~M f/71/ -16- 8-6-57