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HomeMy WebLinkAboutFEBRUARY 18,1958 I INVOCATION PLEDGE ROLL CALL MINUTES BIDS (Improvement of Louise Ave.) :1;;.)(V , , I HEARING (Annexation No. 18) ~:jg1--- 4129 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 18, 1958 The City Council of the City of Arcadia met in regular session in the Council Chamber of the City Hall at 8:00 P.M. February 18, 1958. The invocation was offered by Rev. Bennie C. Flint, Pastor of the First Baptist Church. Mayor Pro Tempore Phillips led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Jacobi, Phillips and Reibold Councilman Camphouse and Mayor Dennis Motion was made by Councilman Reibold that the minutes of the regular meeting of January 21, 1958 and the minutes of the regular adjourned meeting of January 28, 1958 as submitted in writing be approved. Councilman Jacobi seconded the motion and it was carried unanimously. Mayor Pro Tempore Phillips announced that bids are to be received and opened relative to the improvement of Louise Avenue; that under the 19l1 Act bids received for street improvement must be opened at a regular council session and that for that reason said bids would be read and recorded at this Council meeting, then taken by the City Engineer to a calculating machine and returned later with his recommendation. Whereupon the City Clerk opened and read the following bids: American Asphalt Paving Co.,Inc. Atwood and Pursel Osborn Company Laird Paving Company W. E. McKnight Construction Co. A-I Contractors Inc. William Kirkland Crowell and Larson Harvey Construction Co. Warren Southwest, Inc. M. C. Nottingham Co. $27,632.60 28,023.00 28,069.44 28,720.95 29,797.96 30,480.00 30,915.35 30,954.95 31,505.15 32,434.25 8,439.00 t \ The City Engineer commented that the call for bids was for all items submitted as part of the general contract and therefore the bid of M. C. Nottingham Co. is disqualified as it is a partial bid. Mayor Pro Tempore Phillips inquired if any representatives of the bidding firms were present and if the bids as read represented their bids. Upon receiving an affirmative reply he requested that the City Engineer retire and proceed to compile the bids and return as soon as possible that evening with his recommendation. Mayor Pro Tempore Phillips declared the hearing open on the proposed annexation of certain territory designated as Southeast Arcadia Uninhabited Annexation No. 18. 1. 2-18-58 III 1"'1.0 ":tl1l ,..... (Hearing - Annexation'No. 18 - Continued) "} , "I ?-- HEARING (Sugar) '. "I The City Clerk stated that she had received and'had on file , ' Affidavit of Publication of the'Notice of Setting the Hearing and 'the Affidavit of Mailing copies of Resolution setting the Hearing to each person to whom land within the territory proposed to be annexed is assessed as shown on the last County Assessment Roll at the address shown thereon or as known to her, and to any person who had filed his name and address and a request for such notice. The City Attorney commented that this is a small annexation, a portion of the subdivision in process of being subdivided; that there was a 100% signed petition with respect to this property and that it is unlikely there would be any protests on it; that if ~here were no protests it would be his suggestion that the hearing be declared closed, and that he would then present the ordinance of annexation. ' I There being no one in the audience desiring to be heard Councilman Reibold moved that the hearing be closed; Councilman Jacobi seconded the motion and it was carried unanimously. The City Attorney then presented Ordinance No. 1007, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING THE ANNEXATION TO SAID CITY OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SOUTHEAST ARCADIA UNINHABITED ANNEXATION No. 18." Motion was made by Councilman Reibold body of Ordinance No. 1007 be waived. Councilman Jacobi and carried on roll that the reading of the full Said motion seconded by call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis Motion made by Councilman Reibold that Ordinance No. 1007 be introduced. Said motion seconded by Councilman Jacobi and ,carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSJ;;NT: Counqilman Camphouse and Mayor Dennis Planning Commission Resolution No. 273 recommending DENIAL of application of Carl Sugar for zone variance to permit neon roof sign at 600 West Las Tunas Drive. Mayor Pro Tempore Phillips recommended that because there were only three councilmen present at this meeting that the hearing be continued to an adjourned regular meeting Friday, February 21, 1958. He stated that if there were persons present who could not return on the 21st they could be heard tonight and I the'two absent councilmen'could listen to the transcript. He then:inquired of Mr. Sugar, the applicant, if he was agreeable to the hearing being continued, to which Mr. Sugar answered that he was agreeable; however, that there were several persons present who could not return on the 21st and requested permission that they be heard tonight. . Whereupon Mayor Pro Tempore Phillips declared the hearing open in order to hear from the following persons: Ralph D. Stogsdill, 2710 South Baldwin: stated that he owned the ground upon which applicant's restaurant was built; that the posts upon which the proposed sign was placed, had been erected at the time the building was constructed 'for the reason that he had anticipated the granting of permission to erect the sign; also that the cost of the posts would be trebled if they were constructed after the building was finished; and that he believed the majority of the people in the vicinity were in 2. 2-18-58 I I HEARING (Planning Com. Resolution No. 274) 73'S ? ~13~ favor of the g~~ting of permission to erect, a sign. Bernie J. Birnbaum, 601 West Las Tunas - stated that he felt the applicant was entitled to the sign because of his "intestinal fortitude" in investing in a new business and pioneering the neighborhood and that he would not object to the sign. Saul G. Seidner, 561 Workman - said that speaking for himself and his wife, they would not object and would like to see the applicant get permission to erect a sign. . A. Edward Erickson, 525 Las Tunas - said he thought the sign would light up the street and that he saw no reason why the applicant should not be granted his request. 'Mayor Pro Tempore Phillips then asked if anyone wished to speak against the granting of the zone variance that could not return on February 21st; no one desiring to be heard, Councilman Reibold moved that the hearing be continued to Friday, February 21, 1958 at 7:30 P.M. Councilman Jacobi seconded the motion and it was carried unanimously. Mayor Pro Tempore Phillips declared the hearing open on Planning Commission Resolution No. 274 recommending amendment to Ordinance No. 760, Sections 11 and 17. The City Clerk stated that she had received and had on file Affidavit of Publication of Notice of Public Hearing; and that she had no communications regarding said resolution. Mayor Pro Tempore Phillips inquired if anyone present desired to speak either in opposition or in favor of said Resolution No. 274. The City Attorney advised that Resolution No. 274 amends sections 11 and 17 of Zoning Ordinance.No. 760 by removing Veterinary Hospitals as a use permissible in Zone M-l and making Veterinary Hospitals and Veterinary Clinics a special use under Section 17, provided said hospitals and clinics do not have outside runs for the animals. Dr. Clint Baxter, 416 E. Duarte Road, addressed the Council, stating in substance, that he' had attended a conference in Northern California on the matter of veterinary hospitals with inside runs, sound control and air conditioning; that he had with him a resolution of the City of San Francisco regarding a veterin- ary hospital being put in a C zone in 1954, upon which no complaints had been received; that he feels this plan gives the city government better control of veterinary hospitals; that the Planning Commission has inserted further restrictons than are in the zoning for veterinary hospitals at the present time and that the veterinary profession welcomes restrictions and feels it a step forward in helping veterinarians and cities raise the standards of veterinary hospitals. There being no one else desiring to speak, Councilman Jacobi moved that the hearing be closed and that the City Attorney be instructed to prepare the necessary ordinance. Councilman Reibold stated that he seconded the above motion but would like to add that he had not asked any questions of Dr. Baxter because he had attended the Planning Commission meetings where many questions had been asked, but that he would like to state at this time that he concurred in the opinion of the Plan- ning Commission, and that the essential point is that across the years the art of caring for animals has materially been benefited by the way of building and the facilities now available; and that he felt it does give the City control which it did not have even when in M-l use. Said motion was unanimously carried. 3. 2-18-58 <l i :~2 ORDINANCE No. 1006 (Solicitation) lJID RESOLUTION No. 2979 INDEXED s~ggestion of Mayor Pro T~mpore Phillips that action on Ordinance No. 1006 be deferred until ,the next council meeting when all five councilmen"would 'be present; and recommendation of the City Attorney that action be deferred in order to allow sufficient time to receive comments from those with whom correspondence had been exchanged on the general subject. He also suggested that Mayor Pro Tempore Phillips inquire if anyone was present who had come to the meeting especially to speak on this one subject, which suggestion Mayor Pro Tempore Phillips followed. No one desired to speak. ,Therefore action on Ordinance No. 1006 was deferred to the next regular council meeting. The City Attorney presented, discussed and read the title of Resolution No. 2979, which he had prepared pursuant to the request of the Council, entitled: itA RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF ARClIDIA, CALIFORNIA, CLASSIFYING TIlE BUSINESS OF WHOLESALE AUTOMOBILE ENGINE REBUILDING AS A USE PERMISSIBLE IN ZONE M-l UNDER ORDINANCE NO. 760 OF THE CITY OF ARClIDIA." I He stated that the Planning Commission had been requested to define where the wholesale rebuilding of automobile engines might be conducted; that it had recommended it be classified as a use permissible in Zone M-l; that Council had approved its recommendation at the Council Meeting of February 4, 1958; that this refers only to a business engaged exclusively in rebuilding engines and will not prohibit the rebuilding of an engine in an, ordinary garage as an incident to the repair of the automobile as distinguished from doing nothing but the wholesale rebuilding of engines. He then suggested that if it be Council's desire to formally approve the recommendation of the Planning Commission it would be in order to waive the reading of the resolution and then adopt Resolution No. 2979. Whereupon Councilman Reibold moved that the reading of the full body of Resolution,No. 2979 be waived. Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis Motion made by Councilman Reibold that Resolution No. 2979 be adopted. Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis RESOLUTION The City Attorney presented, discussed and read the title of No. 2980n,:Jr;:CD Resolution No. 2980, entitled: itA RESOLUTION OF THE CITY COUNCIL I f ,1 / ) OF TIlE CITY OF ARClIDIA, CALIFORNIA, PROVIDING FOR TIlE HOLDING OF A GENERAL MUNICIPAL ELECTION IN SAID CITY ON THE 8th DAY OF APRIL, 1958; DESIGNATING THE OFFICES TO BE FILLED AT SAID ELECTION; PROVIDING.FOR TIlE POLLING PLACES FOR TIlE HOLDING OF SUCH AN .. ELECTION, APPOINTING TIlE ELECTION OFFICERS FOR THE SAME AND FIXING TIlEIR COMPENSATION." He added that the City Charter prescribes the date of the biennial Municipal Election; that this one is being called to fill three full four year terms on the City Council; that these are the only offices to be filled at this election; that there have,:been"no other propositions submitted to be placed on the ballot; that the resolution provides for 30 election precincts this year; appointing the election officers, the compensation of the officers and for the polling places; and provides likewise for the canvas- sing of the election results at 8:00 o'clock P.M. of the following Tuesday, which is April IS, 1958. 4. 2-18- 58 I I RESOLUTION No. 298In'::'":-'J 7319 RESOLUTION No. 298~NDEAd): 1//3 .:,.~ ~i 33 -; - '. ' CoUncilman Phillips moved that. the reading"of the full'body of Resolution No': 2980 be waived. Said motion seconded by Councilman, Jacobi and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis The City Attorney presented, discussed and read the title of Resolution No. 2981, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON'AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN THE CITY TO BE A NUISANCE." He added that this is the formal institution of the annual weed abatement proceedings, provides for their removal by city forces if they are not removed within a specified time after the properties are posted; after the posting of the property the individual property owner may remove them himself if he chooses, if not, then the city causes them to be removed and the precise cost per parcel is assessed against the individual parcel. Councilman Jacobi moved that the reading of the full body of Resolution No. 2981 be .waived. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: ,Councilman Camphouse and Mayor Dennis Motion made by Councilman Jacobi that Resolution No. 2981 be adopted. ' Said motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis The City Attorney presented, discussed and read the title of Resolution No. 2983, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ACKNOWLEDGING THE RECEIPT OF A COPY OF NOTICE OF INTENTION TO CIRCULATE PETITION FOR THE ANNEXATION'OF TERRITORY DESIGNATED AS 'ANNEXATION NO. 17, SOUTHWEST ARCADIA INHABITED' AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION. '! He advised as follows: That this annexation involves one tier of lots on the south side of Duarte from Baldwin west to the present city limits of Arcadia, which would be the southerly prolongation of Michillinda if it went through at that point, and the unincorporated property averaging 630 feet in depth on the west side of Baldwin from Duarte down to Live Oak. That the proceedings up to this time have been completed, the publication of the notice of intention to circulate, the filing of the affidavit and the publication, and that this merely recites the doing of the prerequisite acts, filing of the necessary affidavits, and now consents to the circulation of the petition within the area by the circulators of the petition, and this can start on Friday morning, February 21, 1958. 5. 2-18-58 4t:~4 Resolution No. 2983 r/13 BIDS (Baldwin Avenue Fire Station) '(1 '/ , ,- That upon 'the receipt of petitions signed by 25%'of the registered voters 'residing in the area, and the certification of the sufficiency of such a 'petition, the City Council then calls a special election to be held in the area itself, at which time the people'registered as voters in that area, may vote. Immediately prior to the holding of the election there is a hearing held before the City Council, after notice to the property owners as distinguished from registered voters, at which time the property owners may protest if they desire to the annexation of their property. If there be a majority protest by owners, then the election is not held. If there be not a majority protest then the election is held and if the majority of the people voting at that election vote "Yes" then the Council adopts the ordinance of annexation. I That there have been so-called "strings" attached to this annexation; that property owners have not been required to pay an annexation fee or similar fee, so the question submitted to them is whether or not they'shall or shall not annex to the City; that they are not even being asked to pay any portion of the bonded indebtedness outstanding at this time. Councilman Reibold moved that the reading of the full body of Resolution No. 2983 be waived. Said motion seconded by Council- man Jacobi and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis Councilman Reibold moved that Resolution No. 2983 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis The City Manager advised that at its regular Council Meeting of January 7, 1958, Council had declared its intention to expend the total of $260,000 for the Baldwin Avenue Fire Station and the Central Fire Station, cost to include construction, contingencies and architect's fees; that by previous Council action an appropriation had been made of $16,000 for Architects' fees, $40,000 for the Baldwin Avenue substation and $165,000 for the Central Station, a total of $221,000; that the intent of the Council action was to increase the previous appropriation of $221,000 to $260,000 as a lump sum for both stations, but that there was no official action taken. He recommended, therefore, that the Council authorize an additional amount of $39,000 to be appropriated to increase the original amount for the two fire stations from $221,000 to $260,000, the same to represent the total project cost of both stations, including construction oosts, architects' fees and contingencies, and that the total project appropriation of $260,000 be distributed, $74,000 to tne Baldwin Avenue Fire Station and $186,000 to the Central Fire Station. I Councilman Reibold moved that Council accept the recommendation of the City Manager as contained in his communication to the Council of February 18, 1958, transferring the $39,000 and setting aside the total of $260,000 for the two fire stations, to be distributed $74,000 tO,the Baldwin Avenue station and $186,000 to the Central Station. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Jacobi, Reibold and Phillips None Councilman Camphouse and Mayor Dennis 6. 2-18-58 Baldwin Ave. Fire'Station Continued .- '7 '7 I I LOT SPLIT No. 194 (Schott) ? 3.2 0 I"~ .': 4',:135 The City Engineer then reported that the following bids had been received for the construction of the Baldwin Avenue Fire Station: ' Pfleider-Grimont Clements-Hulst Co. Dumarc Corporation Shepard & Morgan' Samuelson Management Daniel Brothers The Etherton Company Ruane Corporation Justin Construction C and H Contractors Gregg P. Kent De Weese Construction Hunter Construction Casner Construction Hoffman-Campbell $66,705.00 71,644.00 72,725.00 73,418.00 74,126.00 74,535.00 74,693.00 74,700.00 74,900.00 75,172.00 75,500.00 76,450.00 76,475.00 79,900.00 82,714.00 The City Engineer recommended that the City Council award the contract to Pfleider-Grimont in the amount of $66,705.00. He added that the request for bids called for six alternates if the prices received were too high in order that certain deletions could be made if necessary, such as overhead power and lighting service in lieu of underground power and lighting service, etc. However, the price received was within the budget schedule set up by the Council. He also mentioned that a letter dated February 18, 1958 had been received from Neptune and Thomas, architects, and read the last paragraph of said letter, as follows: "While we have reservations as to the qualifications of this firm to perform the project, in view of the difference in bids we recommend that the low bid be accepted. We must recognize the possibility that the acceptance of this low bid will possibly lead to extra head- aches and work for both the OWner and the Architect." The City Engineer further stated that close observance of the work would be carried on by his department from the beginning of such construction. Councilman Reibold moved that the recommendation of the City Engineer be accepted and the contract for the construction of the Baldwin Avenue Fire Station be awarded to pfleider-Gromont in the amount of $66,705.00, and that the Mayor and City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney, and that other bid deposits be returned. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: ' AYES: Councilmen Jacobi, Reibold and Phillips NOES: None ABSENT: Councilman Camphouse and Mayor Dennis Planning Commission recommended DENIAL WITHOUT PREJUDICE Lot Split No. 194 - Nelson L. Schott, l414 Tenth Avenue, for the reason that this would result in Loganrita Avenue and Altern Street joining at the corner on~y, with no connection for traffic, and it is their opinion that this split should be held until the next lot to the north is divided and the full intersection is constructed. Motion made by Councilman Jacobi that the recommendation of the Planning Commission prejudice Lot Split No. 194. Said motion Reibold and carried unanimously. City Council accept the and deny without seconded by Councilman 7. 2-18-58 413() , WENZ Special Use) ,/, I' , ADDITIONAL COMPENSATION (John Grivich) !NDEX~D r ;~)M~wr"J., ~ CONFERENCE ATTENDANCE INDEX~D COMMUNICATIONS (Tract 20463) "1 No. ) \ ~ Planning COmmission Resolution No. 275 recommending APPROVAL of application of Johana Wenz for modification 'of special.use permit previously granted applicant to allow the construction of apartments over proposed mortuary at 611 West Duarte Road. Mayor pro Tempore Phillips ordered this matter held over until Friday" February 21, 1958, at which time the ten day waiting period ,for appeal of said action would have elapsed. The City Manager informed the Council that on October IS, 1957 Water Superintendent John C. Hayes suffered a heart attack. That his assistant, John Grivich, took over the duties of Superinten- dent of the Water Department in addition to his own duties, and continued to do so until the return of Mr. Hayes on February 3, 1958; that in performing the duties required by both jobs, John Grivich assumed much greater responsibilities and many additional hours. He, therefore, recommended that for his services as Acting Superintendent of the Water Department John Grivich be compensated in the amount of 10% of his current salary for the period during which the Water Superintendent was ill, which amounts to retroactive pay in the amount of $228.55 for the 3-1/2 month period. . I Councilman Reibold pointed out that in addition to the above, the City had employed a consultant to look into the City's entire water situation with respect to storage, etc. and Mr. Grivich also had to provide the extra information to the con- sulting firm of James Montgomery. He, therefore, moved that the Council approve the recommendation of the City Manager and that the sum of $228.55 be paid to John Grivich. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis Recommendation of the City Manager that Mr. Lawrence W. Larson, City Controller, be authorized to attend the Municipal Finance Officers Conference to be held in Milwaukee, Wisconsin from June 8th to 12th, 1958, and that funds for the attendance at this conference are in the current budget. Motion was made by Mayor Pro Temp?re Phillips that Mr. Lawrence W. Larson be authorized to attend the Municipal Finance Officers Conference in Milwaukee, Wisconsin, from June 8 to 12, 1958, at a total cost not to exceed $425.00, expenditures to be sub- stantiated by an itemized expense account upon his return. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: I AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis, The City Clerk read communications from (1) Mr. Wade Williams, stating in substance that he was asking Council to approve his original tentative map of Tract No. 20463, which'did not incorporate the 24.84' x lUU' strip of Lot 1; (2) Mr. George H. Footitt and Walter E. Lockwood, requesting approval of the same original plan; (3) Mr. Charles H. Rogers' notarized state- ment concerning alleged statements in connection with this Tract; and (4) Miss Euphemia Aulenbrock, concerning the sale of her property in connection with this same tract development. 8. 2-18-58 I I (Tract No. 20463" Continued) 1 j 13 COMMUNICATION 1.9/1 ., 4it3'7 Mayor Pro Tempore Phillips' stated that he felt the matter to be considered is simply: "Do we want to again override the Planning Commission andxemove the 24.84' x 100', strip or,not." Councilman Reibold felt that much had been said regarding this matter; that he personally was disappointed to hear the charges made in Mr. Williams' letter; that if Council were so inclined as to remove the 24.84' x 100' strip of Lot I as one of the conditions, the matter should go back to the Planning Commission for recommendation on the request of the applicant that this strip be removed as one of the conditions. Therefore, motion was made by Councilman Reibold that the request of the applicant at this meeting for approval of his original tentative map of Tract No. 20463 be referred back to the Planning Commission. Mr. Henry W. Shatford, attorney at law, residing at 410 Drake Road, addressed Council, stating in substance that he had gone over the matter at great length with Mr. Williams; thaLhe agreed that much had already been said and that occasionally letters are written to Council which would have been better unwritten. Mr. Shatford asked Council to consider whether or not this sub- division is a good and proper development; with or without the 24.84' x 100' strip; that this small piece of property just is not available except under different terms; that this would be approximately $150,000 in attractive development for the City; that every lot size is larger than requirements. Mr. Shatford asked for approval of the original tentative map. Mr. Wade Williams also addressed Council, suggesting that if Council would approve their request without the 24.84' x 100' strip that they would impound the check for $350.00 which they had received from Mrs. Aulenbrock in their escrow papers; that if at any time during the course of 12 months she elects to sell that property they would purchase it and add it to Lot No.1. Mayor Pro Tempore Phillips stated that considerable time had been spent on this matter by all members of the Council;.that he personally would like to stand on what has been done and suggested that if Mr. Williams wished to resubmit a tentative map he could feel free so to do. 'In answer to Mr. Shatford's query as to what purpose the Council 'has in denying this subdivision as it presently stands Mayor Pro Tempore Phillips stated that there has been a subdivision map approved, a revised tentative map, and that the rules and regulations of the City of Arcadia 'require that any alterations to that must be submitted to the Planning Commission. Mr. Shatford was further reminded that this was not a hearing and that because of Council interest in the matter they were permit- ting him to speak at this time. Mr. .Shatford felt that Council could pass on the matter at this meeting; however, if they were not so inclined or could not, that he would welcome the opportunity of going back to the Planning Commission; and that he appreciated the fact that Council had already reversed the decision of the Planning Commission at the meeting of February 4, 1958. Mayor Pro Tempore Phillips seconded the motion made earlier by Councilman Reibold, that the request made regarding Tract No. 20463 be referred to the Planning Commission, and it was carried unanimously. The City Clerk reported that a communication had been received from Mr. J. H. Hoeppel, 35 E. Floral Avenue, regarding the proposed Freeway route through Arcadia, and requesting that before any definite conclusion is made, that it be submitted to the voters to permit them a secret ballot to voice their choice as to the route. Mayor Pro Tempore Phillips ordered the communi- cation filed. 9. 2-18-58 " 1 "8 " ':It A t..) .- ~ 11 COUNTY BOUNDARY COMMISSION lNDEXED f:~~ BUSINESS LICENSE RENEWALS ?n -, LIP PROPOSED FREEWAY :; ') / I The City Clerk reported that a communication'had been received from Harold..P. Fetter, Jr., D.D.S':, 1409 Watson Drive, express, ing his 'opposition to the proposed new lighting district because of overwhelming tax burden and his desire to see Arcadia retain its ruralness. Mayor pro'Tempore Phillips requested the City Manager to answer this communication explaining the lighting district situation to him. Notice from the County Boundary Commission that the City of Baldwin Park has filed an annexation proposal for the annexation of certain territory known as Annexation No.4. The area proposed to be annexed is far removed from the City of Arcadia and has no effect upon the City; therefore Mayor Pro Tempore Phillips ordered the notice filed. I Application for renewal of business license by Joe L. Bentz, 5541 North Peck Road (used truck sales). Motion by Councilman Reibold, seconded by Councilman Jacobi and carried unanimously that the City Council approve the application of Joe L. Bentz for a renewal of his business license, and that the provisions of section 18 of Ordinance No. 737 applicable to previously licensed businesses be waived. Application for extension of tip sheet permit for 30 days to cover harness races by Robert Malloy (Bob's). Motion was made by Councilman Reibold, seconded by Mayor Pro Tempore Phillips and carried unanimously that the City Council approve the application of Robert Malloy (Bob's) for extension of tip sheet permit for 30 days to ,cover harness races, and that the provisions of section 18 of Ordinance 737 applicable to previously licensed businesses be waived. Mr. John L. Jackson, Secretary of the Foothill Area Taxpayers League, 112 West Forest Avenue, Arcadia, submitted a copy of a petition to the Council, with ll55 signatures, obtained for the purpose of protesting the adoption by the California State Division of Highways of the middle route, north of the Santa Fe Railroad tracks (now known as the preferred route) for the proposed Foothill Freeway through the City of Arcadia; that said petition demanded that the southerly route be adopted. He stated that the original petition had been filed with the State Division of Highways. He then proceeded to read the said petition which stated in substance that the petitioners felt the southerly route was preferable in part as follows: (1) that real estate values in the preferred area are far in excess of those in the area of the southerly route; (2) that the removal from real estate tax rolls of properties that are greater tax payers than properties along the southerly route; (3) higher freeway right of way costs to the State; (4) the depreciation in value to owners of properties contiguous to the freeway to a greater extent than along the less valuable lower route, etc. I Mayor Pro Tempore Phillips inquired if all the petitioners are residents of Arcadia, to which Mr. Jackson replied that he believed about 95% are such residents; that the membership of the League is 1155; and upon Councilman Reibold asking if such petitioners recognized that they are members of the League Mr. Jackson replied that they did. Councilman Reibold commented that he understood that a number of the signatures had been obtained in grocery stores and the like. Mayor Pro Tempore Phillips then explained that this Council has no official opinion to give; that the modus operandi of the State Highway Commission plan for the freeway is that there will 10. 2-18-58 I I Proposed Freeway (Continued) i.? /i/ ,~:< J' 4139 be an informational hearing on February 27, 1958 in'Azusa for the entire Foothill Area, from LaVerne ,to Pasadena, in which the State will explain its position; will listen ~o arguments and, thoroughly air the plan to the public. That then the various city councils along the line, somewhere between this ,meeting and early June, will have the opportunity of saying whether they feel a public hearing should be held within the city; that if it feels it is not necessary their position would be that they favored the preferred route. Upon Mr. Jackson inquiring as to whether it would then not be too late he was informed that the official decision will not be made until the middle of summer, after the various jurisdictions have had a chance to say that they do or , do not want a public hearing.' BIDS The Street Superintendent reported that of the eleven bids that (Improvement had been received and publicly opened earlier that evening at the of Louise Ave.)Council Meeting relative to the street improvements of Louise and LeRoy Avenues, pursuant to the 1911 Act, American Asphalt Paving Company, Inc. was,the low bidder at $27,632.60; that the Engineer's estimate had been $30,670.00; that American Asphalt Paving Company had done considerable work within the City of Arcadia and is a very responsible contractor; and that he recom- , mended that the proper resolution be presented to the City Council by the City Attorney awarding a contract to American Asphalt Paving Company, Inc. for this work. ~ 1') (~(I..) RESOLUTION The City Attorney then presented, discussed and read Resolution No. 2982 No. 2982, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE INDEX::::;!) CITY OF ARCADIA, CALIFORNIA AWARDING CONTRACT TO IMPROVE LOUISE 1 ) ~ (v AVENUE ANn LE ROY AVENUE WITHIN THE CITY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2965," adding that it recites the opening of the bids, a resolution of intention to do the work, the award of the bid to the lowest responsible bidder, to wit, American Asphalt Paving Company, Inc. pursuant to the bids submitted for the doing of the work, at the price made in the bid, and that the City Clerk is directed to publish notice of the award pursuant to the 1911 Act. CONSTRUCTION OF CURB ,AND GUTTER (Camino Real Avenue) 1.270 Councilman Jacobi moved that the reading of the full body of Resolution No. 2982 be waived. Said motion seconded by Council- man Reibold and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis .'. Motion was made by Councilman Jacobi that Resolution No. 2982 be adopted. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Jacobi, Phillips and Reibold NOES: None ABSENT: Councilman Camphouse and Mayor Dennis The City Engineer reported to the City Council as follows: "In accordance with the City Council's directive of last July, and the subsequently posted 'Notice to Construct Curb', one owner complied. Arrange- ments were then made by the Engineering Department to have the remaining portions curbed. The,work was performed by the McKnight Construction Company at a cost of $1.97 per lineal foot. Actual costs were: 11. 2-18-58 4140 BALDWIN AVENUE WIDENING /lSP WABA (Eas ter Circus Party) Irm:::XZD r/',&AU "SUJA 846 feet of'Curb and Gutter @ $1.97 6% Engineering and Inspection , , ' T~AL COST $I,666.62 100.00 1,766.62 Spreading this amount over the nine parcels involved, it was determined that the following assessments should apply: PARCEL OWNER AMOUNT 1 Gerrit Kemper 9970 E. Live Oak $152.44 2. Los Angeles County Flood Control District 194.20 I 4. Walter Coombs 147 W. Camino Real 208.82 3. Herman Neiderwerfer No Assessment (constructed own curbs) 5. James Kellogg . 143 W. Camino Real 208.82 6. Robert Weir 139 W. Camino Real 208.82 7. Robert Ross 135 W. Camino Real 208.82 8. James Rogers Paid from deposit 208.82 9. Fred Roberts 121 W. Camino Real 208.82 10. Gerald Jackson 115 W. Camino Real 167.06 Total Amount of Assessment $I,766.72" He added that the assessment is by statute, billed to the above by the Street Superintendent and if they do not pay it is added on their tax roll for the coming year. Council acknowledged receipt of said report. The City Engineer remarked that 'some time ago the City Council had requested the City Attorney's office and his office to work jointly in an effort to resolve some of the necessary rights of way on Baldwin Avenue between Camino Real Avenue and Naomi Avenue; that he wished to report that they were very close to an agreement with the owner of one parcel of land but that no agreement has as yet been reached with a Mr. Willey, the owner of the second parcel northerly; that both the owners had requested some sort of an agreement to be made wherein they are assured that there shall be no cost to them for the widening of Baldwin Avenue or the improvements of the alley, whichever the case may be; that these are minor stipulations and that he recommended that Council approve further negotiation with these people, making these minor agreements with them as they go along, in order to solve the problem. I Councilman Reibold moved that the City Engineer's recommendation be approved. Councilman Jacobi seconded the motion and it was carried unanimously. Recommendation of the City Manager that the Council approve the request of the West Arcadia Business Association to hold its annual Easter Circus Party on Saturday, March 29, 1958. Councilman Phillips moved that the recommendation of the City Manager be accepted and that the West Arcadia Business Association's request for permission to hold its annual Easter Circus Party for Kids on Saturday March 29, 1958 be granted. Councilman Reibold seconded the motion and it was carried unanimously. 12. 2-18-58 14141 RATE The City Manager advised that he' had received a notice that the ADJUSTMENT Metropolitan'Coach Lines and Asbury Rapid Transit had filed ,an lNDF.XRn application befor~ the Pu~lic Utilities Commission of the state p' 7.uU :~I . of California for authority to adjust rates. Mayor Pro Tempore , ~ Phillips o;r~ered the notice filed. SANITATION nmZX:::D '3:~:~J I TIP SHEET HEARING IN SACRAMENTO rr:DZXED tVSf LEAGUE OF WOMEN VOTERS PARKING DISTRICT No.1 LEAGUE OF CALIFORNIA CITIES ADJOURNMENT I The City Manager advised that he had received copies of communic- ations to Mr. Kenneth W. Hewitt, 2300 Eighth Avenue and 'the Los Angeles County Health Department from the Arcadia Health and Sanitation Commission regarding the unsanitary condition created by the Dairyland Dairy Farms, located on the north side of Live Oak Avenue, between Sixth Avenue and Santa Anita Wash in the County. He remarked that everything possible that Arcadia can do is being done and "we can only hope for the bes t." The City Attorney reported that a hearing is scheduled in Sacramento on February 28, 1958 regarding tip sheets, and reco~ mended that the Council select someone to appear at the hearing to represent Arcadia, perhaps the City Manager. Mayor Pro Tempore Phillips suggested that copies of the letter informing the City Attorney of said hearing be distributed to the Councilmen and the matter taken up again Friday, February 21, 1958, when all the Councilmen will be present. Mayor Pro Tempore Phillips acknowledged the presence of Mrs. Mary Knere and Mrs. Shirley Tritten of the League of Women Voters of Arcadia. Mayor Pro Tempore Phillips announced that on March I, 1958 the term of Mr. Merrill Pratt will expire as one of the three Co~ missioners of Parking District No.1 and that he'suggested the matter be given attention on February 21, 1958 at the adjourned Council meeting. Councilman Reibold reminded the Council members of the forth- coming League of California Cities' meeting in Arcadia February 20. 1958, at the Turf Club, and that Mr. James A. Nicklin will be the speaker of the evening. Motion by Councilman Reibold, seconded by Councilman Jacobi, and carried unanimously, that the meeting adjourn to Friday, '.'~'Y 21, 1958, ",7,30 "'"_3 . ~L.,,: Mayor ik~.. u ~ City Clerk 13. 2-18-58