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HomeMy WebLinkAboutMARCH 18,1958 INVOCATION I PLEDGE ROLL CALL MINUTES HEARING (Wistaria Cab Co.) 73)3 I t!170 CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH 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., March 18, 1958. The invocation was offered by Rev. Glenn T. Zachary, Pastor of the South Arcadia Union Church. Mayor Dennis led in the pledge of allegiance to the flag. PRESENT: ABSENT: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis None Councilman Camphouse moved that the minutes of the regular meeting of February iij, i95ij, the regular adjourned meeting of February 21, 1958, and the regular meeting of March 4, 1958 be approved as submitted in writing. Councilman Jacobi seconded the motion and it was carried unanimously. At the regular Council Meeting of March 4, 1958 the hearing on the application of Dean R. Johnson and Laurence Gonzales, doing business as Wistaria Cab Co., 14 North Baldwin Avenue, Sierra Madre, for permission .to conduct a taxi service of three automobiles in the City of Arcadia, had been continued to this meeting in order to enable the applicants to acquaint themselves with the City Ordinance regarding taxicabs. Mayor Dennis declared the hearing open on the above referred to application and inquired if anyone in the audience, not having been heard previously, desired to speak in opposition to or in favor of the application. Mr. John S. Rouse, operator of the Wilmington Cab Co. addressed the Council, stating that he was speaking on behalf of Mr. Lemoyne Bailey, owner of the Arcadia-Monrovia Valley Cab Company; that he felt Mr. Bailey was entitled to the protective aspects of the taxi- cab ordinance in that the "convenience and necessity" of the public was adequately served by Mr. Bailey's cabs and, therefore, Mr. Bailey was entitled to earn a fair return on his investment. He added that when Mr. Bailey purchased the said cab company about four years ago it had been in dire financial straits but that now it was financially solvent, thereby keeping the local people who had invested in the company from losing their money. He summed up by stating that on behalf of Mr. Bailey he was opposed to the issuance of any further permits to operate taxicabs in Arcadia. Mr. Laurence Gonzales addressed the Council, stating that he was one of the owners of the applicant Wistaria Cab Co. That the primary purpose of the application to operate three cabs in the City of Arcadia was to serve the area immediately adjacent to the City of Sierra Madre. He added that his company was not interested in the race track business; that they do not intend to maintain an office in Arcadia; and that they operate on a zone rate basis but would install taximeters if required to do so. Councilman Jacobi moved that the hearing be closed. Councilman Phillips seconded the motion and it was carried unanimously. A discussion then ensued and it was the Manager that the application be denied. Cab Company had been making pick-ups in had applied for a permit only when they reconnnendation of the City He added that the Wistaria Arcadia for some time and had been apprehended. 1. 3-18-58 " , ., " ,~ 4J71 (Hearing - Wistaria cab Co. - Cont'd) '1'31 ? HEARING (Curbs and Gutters - -, Camino Real ; i ~ Ave.) :;j IN:J"X:W RESOLUTION No. 2992 INDEXED RESOLUTION No. 2993 INDEXED ~ 1 JI Councilman Jacobi moved that the Council approve the recommendation of the City Manager and deny the application of the Wistaria Cab Co. to operate three taxicabs in the City of Arcadia. Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None At the regular Council Meeting of March 4, 1958, the hearing on the assessments for the construction of curbs and gutters on the north side of Camino Real Avenue, east of El Monte Avenue, had been continued to this meeting in order to enable the City Attorney to prepare a Resolution regarding the payment of assessments in installments. I The City Attorney then presented, discussed and read the title of Resolution No. 2992, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE COSTS AND ASSESSMENTS FOR THE CONSTRUCTION OF CURBS AND GUTTERS ALONG THE NORTHERLY SIDE OF CAMINO REAL AVENUE, EASTERLY OF EL MONTE AVENUE, IN THE CITY OF ARCADIA TO BE A LIEN UPON THE LOTS AND PARCELS FRONTING UPON SAID CURBS AND GUTTERS AND DETERMINING THAT PAYMENTS OF SAID ASSESSMENTS MAY BE PAID IN ANNUAL INSTALLMENTS AND ESTABLISHING THE RATE OF INTEREST ON SAID DEFERRED PAYMENTS." Councilman Phillips moved that the reading of the full body of Resolution No. 2992 be waived. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Phillips that Resolution No. 2992 be adopted. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Councilman Phillips moved that the hearing be closed. Councilman Jacobi seconded the motion and it was carried unanimously. The City Attorney stated that technically the hearing was continued; that everyone that protested, either in writing or orally, had done so; and that it is now in order to present Resolution No. 2993. Whereupon he presented, discussed and read the title of Resolution No. 2993, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE SUPERINTENDENT OF STREET'S REPORT OF THE COST OF CONSTRUCTING CURBS AND GUTTERS ALONG THE NORTHERLY SIDE OF CAMINO REAL AVENUE, EASTERLY OF EL MONTE AVENUE, IN THE CITY OF ARCADIA: FIXING THE AMOUNT OF THE COST OF SAID CURBS AND GUTTERS: DECLARING THE SAME TO BE LIENS UPON THE RESPECTIVE PARCELS OF LAND IN SAID CITY AFFECTED THEREBY, AND DIRECTING THE COLLECTION THEREOF." I The City Attorney continued that this confirms the report as submitted by the City Engineer and as modified by the action of the'Council, which was to sustain the protest of the Los Angeles County Flood Control District with respect to a portion only of their operating properties, and to confirm the assessment on the balance; that it directs that the small portion with respect to which the protest was sustained is to be assessed again~t and paid by the City of Arcadia; that all other assessments as reported are confirmed and declared to be liens; and provides for an assessment of zero as to the one person that caused the work to be done himself. 2. 3-18-58 (Resolution No. 2993 Continued) ,Z 1) I HEARING (McDonald) '133 J I HEARING (Zone Change) t9 1- :J ;;L (j *'~" t tJt72 !:'~ ~ ll' _OJ. Councilman Camphouse moved that the reading of the full body of Resolution No. 2993 be waived. Said motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Camphouse that Resolution No. 2993 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Co~ncilman Phillips commented that he wished to call attention to a letter from Mr. Herman A' Niederwerfer" 165 West Camino Real Avenue, dated March 10, 1958, addressed to the Council, reiterating a great deal that was said at the hearing, and ordered it filed as part of the official records of the hearing. (Original on file in the office of the City Clerk). City Attorney Nicklin reminded the Council that a prior motion made by the Council was to the effec~ that after the assessments were confirmed the City Engineer was to advise Mr. Niederwerfer officially that there was no assessment as to his property, to which the City Engineer replied that this had been done. '. Mayor Dennis declared open the hearing on the application of Alex McDonald (doing business as McDonald Bros.) 6715 Hollywood Boulevard, Hollywood, for permission to solicit door to door the business of oiling and repairing roofs. He inquired if there were any communications received on the matter, to which the City Clerk replied that she had received no communications. Mayor Dennis inquired if anyone desired to speak in favor of or in opposition to the application. No one desired to be heard. Councilman Reibold moved that the hearing be closed. Councilman Camphouse seconded the motion, which was carried unanimously. The City Manager then stated that he had received an unfavorable police report regarding the applicant, which he proceeded to read in part to the Council, and reconnnended that the application be denied. Councilman Camphouse then moved that the Council accept the reconnnendation of the City Manager and deny the applicatbn of Alex McDonald for permission to solicit door to door the business of oiling and repairing roofs, and that t~e report of the City Manager and the police be included as part of the record. Councilman Jaoobi seconded the motion and it was carried unanimously. Mayor Dennis declared the hearing open on Planning Commission Resolution No. 277 reconnnending reclassification of property on the north side of Huntington Drive east of San Rafel Road from Zone R-l to Zone C-2. (Portion of abandoned Pacific Electric Railway right of way). He inquired if there were any connnunications received on the matter. The City Clerk replied that no communi- cations had been received. Mayor Dennis then inquired if anyone wished to speak either in favor of or in opposition to the reconnnendation. No one desired to speak. Councilman Phillips moved that the hearing be closed, which motion was seconded by Councilman Jacobi and carried unanimously. Councilman Phillips then moved that the recommendation of the Planning Connnission as embodied in their resolution No. 277 be approved. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: 3. 3-18-58 , t'il173 HEARING (Wilderness Area - Annexation) (,r>? ORDINANCE No. lOll INDEXED II;') ORDINANCE No. 1006 INDEXED 1~/O AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Mayor Dennis declared the hearing open on the proposed annexation of certain territory adjacent to and contiguous with the City limits, situated near the northeasterly portion of the City, designated as Northeast Arcadia Annexation No. 16 - Uninhabited. He then inquired of the City Clerk if any written protests had been received. She replied that no written protests had been received. He also inquired if she had on hand the affidavit of mailing and the affidavit of publication, to which she replied that she had. I The Mayor then inquired if anyone desired to speak either in favor of or in opposition to the proposed annexation. No one desired to speak.. Whereupon Councilman Jacobi moved that the hearing be closed. Councilman Camphouse seconded the motion and it was carried unanimously. The City Attorney then presented, discussed and read the title of Ordinance No. lOll entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY, DESCRIBED IN RESOLUTION NO. 2976 ADOPTED BY SAID CITY COUNCIL ON FEBRUARY 4, 1958, AND DESIGNATED THEREIN AS 'NORTHEAST ARCADIA ANNEXATION NO. 16 - UNINHABITED. ", He added that the ordinance recites the institution of the pro- ceedings by the City Council, the request for the detachment from the City of Monrovia by the two owners, namely, the City of Arcadia and the Los Angeles Flood Control District, the consent to the detachment by resolution of the City of Monrovia; the giving of the required notices, the holding of the hearings, the fact that there were no protests, and declares the property to be annexed to the City of Arcadia pursuant to the Annexation Act of 1939. Motion was made by Councilman Camphouse that the reading of the full body of Ordinance No. 1011 be waived. Said motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi,Phillips, Reibold and Dennis NOES: None ABSENT: None Motion made by Councilman Camphouse that Ordinance No. 1011 be introduced. Said motion seconded by Councilman Jaoobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis I NOES: None ABSENT: None The City Attorney presented for the second time, discussed and read the title of Ordinance No. 1006, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE No. 392 OF SAID CITY BY ADDING THERETO A NEW SECTION 1- A." He reminded the Council that Ordinance No. 392 has been on the City's books for many years as the so-called Ann Arbor type ordinance; that Section l-A merely adds a further modification to the effect that if any solicitor or peddler properly at a residence refuses to leave the premises upon the request of the tenant in possession thereof it then becomes a misdemeanor; that the basic provision of the existing ordinance provides that it is a mis- demeanor for any solicitor or peddler to peddle or solicit at residential premises that are posted "No peddlers" or "No 4. 3-18-58 (Ordinance No. 1006 Continued) .0 :jJ-' I I ~~\\'1 ftl1 74 Solicitors" respectively, or "No Solicitors or Peddlers." He further stated that the adoption of this Ordinance has been held in abeyance in order to allow sufficient time to elapse to enable those to reply who had been notified, as per request of councilmanic action, in respect to this type of legislation; that he had received a few answers that did not indicate this ordinance should not be adopted, but that "The Industries for the Blind" raised the point as to the inability of their blind so11c1tors be1ng able to see a "No Solicitors or Peddlers" sign and want to know Council's reaction to further consideration in their behalf. The City Attorney again advised the City Council that the entire business license ordinance would soon be rewr1tten in order to properly integrate all the various amendments that had occurred since its or1ginal adoption. That related ordinances like No. 392 and 10U6 would be made a part of the basic business 11cense ord1nance when it was rewritten. He reminded the Council that he had asked for and would appreciate receiving the Council's view- point with respect to simplifying the application procedures with respect to certain businesses which experience had shown might not need the detailed procedures provided in Ordinance No.823. Councilman Phillips inquired as to the proposed ban of solicitation in San Marino, to which the City Attorney replied that question- naires had been sent to everyone in San Marino inquiring if they wished an outright and complete ban on solicitation, including charitable, and that according to March 17, 1958 newspapers, 95% desired a complete ban on all types of solicitation. He added that he thought that if an ordinance of that type has any chance at all, San Marino is the best place to be the guinea pig, as it will get the undivided support of its people, and that the courts may take that into cognizance in determining the validity of such an ordinance. He stated that he mentioned this particularly because the people of Arcadia have not come forward too strongly with their viewpoints with respect to what the Council has attempted to do for them in this field of legislation and that he felt it only proper to point out, at a meeting as well attended as this, that the people must support their Council in actions of this type of regulation if they expect the Council, first of all, to have the fortitude to proceed, and secondly, where legislation of ,this nature is attacked, if the courts have the feeling that the majority of the people did not want it in the first place, they will find some excuse to throw it out; but that on the other hand, if the overwhelming majority of the people of a given governmental agency desires a given type of legislation, they will look a little harder for some principal upon which to sustain it. He continued that Ordinance No. 1006 is not perfection; that in previous connnents to the Council and in the letters he had sent out he had suggested further refinements; that this will become a part of the business license ordinance when the entire ordinance is rewritten, and in such a rewrite, though there will be no substantive or basic changes, there will be refinements of wording and expression and integration of the various amendments that have occurred, so that the entire ordinance will be much more understandable, readable and acceptable. He suggested that Council adopt the ordinance as another step toward the solution of the problem; that if Council finds the ordinance is effective to the satisfaction of the people then it has accomplished its purpose; that if it is not fully effective or is found deficient, then further steps may be taken. Councilman Reibold then stated that he agreed with what the City Attorney had pointed out; that this will give ,the people of Arcadia the opportunity to show whether they are in accord with 5. 3-18-58 ,:! ',4175 (Ordinance No. 1006 Continued) 1;, /0 ORDINANCE No. 1009 "fNDEXED f:r~O~ ORDINANCE No. 1010 INDEXED RESOLUTION No. 2991 tN:l1"XED f: fJl tp" ',U ~ the ordinance, and that he moved that the further reading of Ordinance No. 1006 be'waived. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Councilman Reibold moved that Ordinance No. 1006 be adopted. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None I Councilman Camphouse inquired of the City Attorney as to whether the refinements he had spoken of would encompass the blind solicitors, to which the City Attorney replied that it would, including Girl Scouts, Camp Fire Girls, and such organizations. The City Attorney presented for the second time, discussed and read the title of Ordinance No. 1009, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 11 AND 17 OF ORDINANCE NO. 760 OF THE CITY OF ARCADIA." Motion was made by Councilman Phillips body of Ordinance No. 1009 be waived. Councilman Reibold and carried on roll that the reading of the Said motion seconded by call vote as follows: full AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Phillips that Ordinance No. 1009 be adopted. Said motion was seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Attorney presented for the second time, discussed and read the title of Ordinance No.lOlO, entitled: "AN 'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF WRITING CITATIONS FOR VIOLKrIONS OF ALL ORDINANCES OF SAID CITY OF ARCADIA AND ESTABLISHING THE PROCEDURE THEREFOR." Motion was made by Councilman Camphouse that the reading of the full body of Ordinance No. 1010 be waived. Said motion seconded by Councilman Jacobi and carried on roll can vote as follows: AYES: Councilmen Camphouse, Jaoobi, Phillips, Reibold and Dennis NOES: None ABSENT: None I Motion was further made by Councilman Camphouse that Ordinance No. 1010 be adopted. Said motion was seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 2991, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS EIGHTH AVENUE." Motion was made by Councilman Jacobi that the reading of the full 6. 3-18-58 I I ~ ", " ;4176 (Resolution body of Resolution No. 2991 be waived. No. 2991 Councilman Phillips and carried on roll Continued) Said motion seconded by call vote as follows: RESOLUTION No. 2994 INDEXEJj RESOLUTION No. 2996 nlDEXED RESOLUTION No. 2997 INDEXEn not AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion made by Councilman Jacobi that Resolution No. 2991 be adopted. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 2994, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING AN OFFICIAL GARAGE FOR TOWING AND STORAGE OF VEHICLES REMOVED AT POLICE REQUEST FROM PUBLIC STREETS AND HIGHWAYS UNDER PROVISIONS OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA." Motion was made by Councilman Reibold that the reading of the full body of Resolution No. 2994 be waived. Said motion seconded by Councilman Phillips and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion made by Councilman Reibold that Resolution No. 2994 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 2996 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO THE DETACHMENT FROM SAID CITY OF CERTAIN TERRITORY LOCATED THEREIN AND TO THE ANNEXATION THEREOF TO THE CITY OF MONROVIA." Motion was made by Councilman Reibold that the reading of the full body of Resolution No. 2996 be waived. Said motion was seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Reibold that Resolution No. 2996 be adopted. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 2997, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CERTAIN GASOLiNE TAX FUNDS FOR THE IMPROVEMENT OF SAID PUBLIC STREETS IN SAID CITY OF ARC AD IA. " Motion was made by Councilman Phillips body of Resolution No. 2997 be waived. by Councilman Camphouse and carried on that the reading of the full Said motion was seconded roll call vote as follows: 7. 3-18-58 :~ ~1'4.177 (Resolution No. 2997 Continued) !NDEXED . O"~ <;(JJ BIDS (Water Main in Colorado St.) "7 :, ;;..c/ BIDS (Water Main in Fairview Ave.) I o! '" ,1 . ';0.-1 AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Phillips that Resolution No. 2997 be adopted. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Manager informed the Council that bids for the instal- lation of a cast iron water main in Colorado Street from Baldwin Avenue to Princeton Road had been received. That due to an error in the plans that was discovered too late to be rectified prior to the bid date, the bids were not opened. That it is the reconnnendation of the City Manager and the Water Superintendent that these bids be rejected and returned to the bidders and that Council authorize the City Clerk to call for bids on the above work, such bids to be received and opened publicly March 31, 1958 at 11:00 A.M. and be acted upon by the Council at the regular Council meeting of April 1, 1958. I Councilman Camphouse moved that the Council accept the reconnnen- dation of the City Manager and the Water Superintendent that the bids for the installation of a cast iron water main in Colorado Street from Baldwin Avenue to Princeton Road, received March 17, 1958 be returned to the bidders and that the City Clerk be and she hereby is authorized to call for bids on the above work, such bids to be received and opened publicly March 31, 1958 at 11:00 A.M. and acted upon by the Council at the regular Council meeting of April 1, 1958. Councilman Jacobi seconded the motion and it was carried unanimously. The City Manager informed the Council that the following bids for the installation of a cast iron water main in Fairview Avenue, from Holly Avenue to LaCadena Avenue, were received March 17, 1958: CONTRACTOR Mutual Pipeline Co. Deeco Pipeline Contractors S. E. Pipeline Co. Industrial Pipeline Co. Cameo Construction Co. ,Inc. Royal Pipeline Co. Loren B. Smith W. A. Robertson Co. Graven & Co. AMOUNT DAYS $3211.00 rr- 3637.50 30 4370.00 60 4600:00 30 5200.00 45 5485.00 :.40 5590.00 40 6399.00 30 6899.00 14 I Reconnnendation of the City Manager and the Water Superintendent that the contract be awarded to the low bidder, Mutual Pipeline Co., in the amount of $3211.00, and that the Mayor and City Clerk be authorized to execute a contract for this work in the amount specified. Councilman Camphouse moved that Council accept the reconnnendation of the City Manager and the Water Superintendent and that a contract for the installation of a cast iron water main in Fairview Avenue from Holly Avenue to LaCadena Avenue be granted the low bidder Mutual Pipeline Co. in the amount of $3211.00; that the Mayor and City Clerk are authorized to execute a contract in accordance therewith in form approved by the City Attorney, and that all other bid deposits be returned. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: 8. 3-18- 58 BID (Weed Abatement) , 1'1 J 1 ,~ I LOT SPLIT No. 196 7 3j~ LOT SPLIT No. 197 7 3"35' I ,)1178 AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None, The City Engineer presented to the Council the following bids received March 17, 1958, for the clearing of weeds in the City in accordance with specifications heretofore approved: E. Lyndon McFall Ballard and Wood $3,429.50 3,500.00 He stated that in checking the items it was found that there was an error of $200.00 in the tabulation of the bid of E. Lyndon McFall, making his bid $3,629.50, and that it was his reconnnen- dation that the low bid of Ballard and Wood, in the amount of $3,500.00 be accepted and the contract be awarded to them. Councilman Camphouse moved that Council accept the reconnnendation of the City Engineer; that a contract in form approved by the City Attorney be granted Ballard and Wood in the amount of $3,500.00 for the clearing of weeds in Arcadia in accordance with specifi- cations heretofore approved; that other bid deposits be returned; and that the Mayor and City Clerk are authorized to execute such contract. said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Recommendation of the Planning Commission that Lot Split No. 196 - E~ K. Brannneier, 1216 S. First Avenue, be approved subject to the following conditions: 1. File a final map with the City Engineer 2. Record a covenant to guarantee that the 7.75 foot parcel will not be used as a separate building site and will be held under the same ownership with the north 138.75 feet of the east 157 feet of lot 7, tract No. 808. Motion made by Councilman Reibold that the reconnnendation of the Planning Commission be accepted and that Lot Split No. 196 be given approval subject to specified conditions. Said motion seconded by Councilman Jacobi and carried unanimously. Reconnnendation of the Planning Commission that Lot Split No. 197 - Holger A. Valentine, 211 East Live Oak Avenue, be approved subject to the following conditions: 1, File a final map with the City Engineer. 2. Provide a sewer lateral for parcel 3. 3, Dedicate 12 feet from lot 13 for widening Second Avenue. 4, Pay $25.00 recreation fee for parcel 3. 5, Record a covenant to insure that no building will be constructed on parcel 2. Henry H. Hege, 664 West Duarte Road, Attorney at Law, representing Holger A. Valentine, addressed the Council, stating on behalf of his client, that in order to avoid the condition of putting the covenant on the parcel designated as parcel 2 an amendment be made to the application so that parcel 1 and 2 as shown on the map be incorporated as one lot, which would eliminate the necessity of the covenant not to build on that portion. Councilman Reibold commented that the concern of the Planning Commission was that no construction be permitted on parcel 2 as a separate parcel; that it was actually essentially an access; that the reason for the change on parcel 4 is to permit the building of 9 3- 11:\- 58 , -4:J7,9 (Lot Split No. 1!!7 Continued) "1 3'::.';- TRACT No. 18568 799 ZONE VARIANCE REQUEST r ~3 (f REPORT ON ORDINANCE No. 990 INDEXED a multiple dwelling on lot 13. Attorney Hege replied that this is correct; that lot 13 is presently zoned R-3 but is not sufficiently large in area to permit the buildLng of sufficient units to make it economically profitable. The City EngLneer added that parcel No. 4 is actually zoned connnercLal at the present time and that act Lon has been instLtuted to make Lt a part ot R-3 similar to lot 13 so that this property can then be used completely in R-3. Councilman ReLbold moved that Lot Split No. 197 be denied as applied for but be granted on the provision that the applicant divide the property into three parcels comprising of the following lots: Lot 1 to be parcels 1 and 2 as shown on the map; lot 2 to be parcel 3 and lot 3 to be parcel 4. That applicant indicate his intention to agree to this division on the submission of a revised map showing the revised split and upon all other conditions reconnnended by the Planning Commission and the City Engineer, and that the revised map may be in the form of a final map. I Councilman Phillips seconded the motion and it was carried unanimously. The City Engineer informed the Council that the engineer for the owners of Tract No. 18568, consisting of 29 lots, located north of Longden Avenue between Santa Anita Avenue and Second Avenue, tentative map for same having been approved by the Council on March 19, 1957, requested an extension of one year for the installation of street improvements, due to a delay in securing necessary refinancing, and that it is the reconnnendation of the Planning Commission that this request be granted, subject to the same conditions that applied to the original approval. Councilman Phillips moved that'Council accept the recommendation of the Planning Commission and that the request for an extension of one year for the installation of street improvements in Tract No. 18568 be granted, subject to the same conditions that applied to the original approval of the Council of March 19, 1957. Council- man Camphouse seconded the motion and it was carried unanimously. Planning Connnission Resolution No. 278 reconnnending the granting of the application of Arcadia Professional Center for a zone variance to allow an addition at the rear of the existing medical office, for the establishment of a prescription pharmacy therein, and for a sign at the front of the property at 600 West Huntington Boulevard in accordance with the conditions set out in Sections 4 and 6 of the resolution. Mayor Dennis ordered this matter held over until after March 21, 1958, when the waiting period for appeal will have elapsed. Mayor Dennis announced that Councilman Reibold had been asked, as a representative of the Council, to sit in with certain members of the Planning Commission, and report back to the Council on Ordinance No. 990, and that at this meeting Councilman Reibold was ready to make his report. I Whereupon Councilman Reibold proceeded as follows: Councilman Reibold: "I might reiterate for you that the first thing that occurred was that on December 17, 1957 a meeting was requested with a group representing the property owners concerned in the matter and on January 29, 1958 such meeting was held. After that the matter was taken up by the members on the Planning Commission and they have a report to make which I would appreciate if the City Engineer would read." The City Engineer read the following report of the Planning Connnis s ion: "The City Council Arcadia, California 10. 3-18-58 .,'i4180 "Gentlemen: "Ordinance No. 990 changing the conditions under which more than one dwelling may be placed on a lot in Zone R-l was adopted by your body on August 20, 1957. "On December 17, 1957, a group of property owners protested the requirements of the ordinance and requested that it be amended by eliminating most if not all of the new requirements. The Mayor appointed Councilman Reibold, along with a committee of the Plan- ning Commission, to meet with the property owners to discuss their concern about the ordinance. I "Such a meeting was held on January 29, 1958, at which time all present were given an opportunity to present their views and opinions. The committee took the matter under advisement and complete transcription of the meeting Was prepared and furnished to all members of the Commission and City Council and to all property owners who requested it. \ "The Planning Division made a study of the number of lots affected, where the rear of the deep properties had been subdivided. Those deep lots that have not yet been subdivided, but which may be sub- divided in the future were not considered. It was felt that the needs, if any, of such lots could not be measured until the actual subdivision and definite knowledge of the size of the remainder of the lot. The City Engineer's report of this study is attached. "The entire matter and the City Engineer's report Was first reviewed by the committee and recommended to the Planning Commis- sion for endorsement or approval. It was fully discussed by the entire Commission at their meeting of March 11, 1958. The pos- sibility of setting up a new residential zone to cover these properties was also discussed, but not felt as feasible. "It was the unanimous opinion of the Commission that Ordinance No. 990 is sound and will work to the best advantage of the City as a whole, and will tend to maintain and increase property values. The Commission was also unanimous in the opinion that if relief from the ordinance is indicated in cases of hardship that it should be handled as a zone variance, and that the matter of processing of variances should be, studied for a method of expedit- ing the procedure and reducing the time required for processing such applications." (s) L. M. Talley" Councilman Reibold then continued: I "You received the full transcript of the meeting, the report of the staff and the report of the Planning Commission. However, during the course of the hearing and after, probably as a result of one of the members who discussed the matter, connnenting some- thing along the line of 'how do we get around this crew', Mr. Davison asked that I carry a message back to you. Mr. Davison, as you know, is a member of the Planning Commission and I quote verbatim from the transcript of what he said: 'Mr. Chairman, I would like to say something, after siting here this evening, just for the record, to the Council representative. I detect,and this is not the first time that I have so detected, in the audience or those who come before this Commission, a feeling that this may be a biased Connnission. I would:,like to suggest to the Council representative, and of course he has his own recourse whether or not he may want to make his own reconnnendation to the Council; that when this meeting occurs, I think it would be well if the Council so saw fit, to state to the group of people that might be there that the Planning Commission was not a biased group; that the Planning Commission and the Council are doing 11. 3-18- 58 <',i 4181 their best to work together; that the Planning Commission does not exist to be by-passed as this one individual indicated, and 'If we can't get any place here we shall take it to the Council,' and as this group has indicated, has their mind made up on a biased basis; I think it would be good for the connnunity and for everyone to know that the two groups are not working at cross purposes, but intending and trying to work together. If that information can be brought out at that meeting that you are going to have, to preface the meeting, to the extent and with the intent to let the people know that this group is doing their best within the law, and does not exist to take a biased stand or be by-passed. I think it would be well taken and I think it would not be overdoing it. I recommend it to you, if you see fit to so take action to the Council.' I Councilman Reibold: "With respect to my own personal connnents on it, I surely go along with the recommendation of the Planning Commission. As I see it, it sums up about like this: This issue is the most important question that this Council has faced. It is important because it affects every property owner in Arcadia. It affects them not only today but from here on out. "The question to be answered is simple. Does every property owner want higher tax rates and lower property values? If so, Ordinance 990 should be repealed. Or does every property owner want to maintain low tax rates and high property values? If this is what they desire then we should keep Ordinance 990. I believe that they want the latter. "At this crossroad we either stay on the high road to distinctive homes, high property values and low tax rates, or we take the low road to low property values and high tax rates." Mayor Dennis then queried of Councilman Reibold: "I interpret your comments to be that you would endorse the reconnnendation of the Planning Commission and your reconnnendation to this Body would be that we accept the reconnnendation and that no action be taken?" Mayor Dennis then inquired if any of the other Councilmen wished to connnent, and each one connnented as follows: Councilman Jaoobi: "I happen to be one of the fellows who has a long lot but I still feel that by not getting too many homes into Arcadia and smaller property we are going to keep our tax rate the way it is now and we will have a wonderful city to live in." Councilman Camphouse: "I would like to comment,not having sat in with the group as Mr. Reibold did, although I have had some prior discussions with some of the people who feel vitally concerned; naturally when you feel that your own pocketbook is affected you have a very keen interest in it. I do recall that as I discussed this informally with some of the people who feel very strongly , I about this Ordinance 990 and wish it were repealed, I pointed out some things - the bad features of this repeal as well as some things that they might temporarily benefit by. It was commented at that time that some of these things have not been considered in their thinking. I also note, as I read the reconnnendation of the Planning Commission, and am particularly aware of the fact that while it has been discussed, we have a problem, I do not recall that any of these people that have claimed that we have worked hardships on them have appealed before the Planning Commission with any application for any variance. In other words, in that instance there has been no way to say that this body has been unwilling to take care of the person who feels that he is being oppressed. I think that the past record of this Council has always indicated that we are interested in the people. I told this to various people that I met with long before this meeting, that if they felt that there was new evidence and if they felt that there was some- thing to be discussed that should be ample time and this body 12. 3-18- 58 ~. " ;4182 is willing to do that. Naturally I agree with Mr. Reibold, the Planning Commission and Mr. Davison's remarks. I think our sharp- est criticism in the past years has been that new evidence has been introduced on this level and we have completely by-passed those men that we have chosen to serve on the planning Commission who give so much of their time. I "In addition to that I would also like to add that I do not feel that we have given this an opportunity to adequately determine all of its good and bad features. I don't think it is the intent of this Council to work hardships on people. In addition, I don't feel that anyone of us is qualified as an expert to say whether the rules and formulas we used in so short a period can be determined as being exact. It may be 60%, it may be 58% and it may be 40%. I think we should have some basis to determine what is right and what is wrong." Councilman Reibold: "I neglected to read one paragraph and I think it is important and I would like to read it into the record: "It is recognized that there are some problem cases. That is the reason the zoning ordinance has a variance provision. This will prevent any grave injustice." I Councilman Phillips: "I will be brief, because Councilmen Reibold and Camphouse have touched upon some of the notes I have jotted here on my pad. I was one of the early, I wouldn't say 'fathers' but instigators of the action that started the planning of Ordinance No. 990 with the Planning Commission some years ago and I felt then that this was a good ordinance, the type of ordinance that we needed to protect the R-l growth of the city. Our problem areas are basically in the southeast and the southwest where the very large lots exist and where deed restrictions are running out, and I think that the Ordinance, if given the test of time, will prove its merits. I have a number of friends, and I hope that after tonight they will not call me 'former friend' who have talked to me about it. Some of them claim hardship, and without doubt there will be some hardship. I know of no instance where ordinances do not tread upon somebody's toes to one degree or another. I think that this hardship is a matter of degree and, as Mr. Reibold just read, we have machinery to care for hardship cases. I think the Planning Commission in their minutes and their reconnnendations even reconnnended that the variance laws might be streamlined a little bit to fit this situation. I think there are a number of solutions, such as the joining of lots for small cuI de sacs, the joining of lots to create a lot split with street frontage, maybe two or three of the larger lots - they would still be deep if no one comes along behind to remove, to cut a street through behind or even a cuI de sac off from a back street maybe these lots will be long. I will admit that. I think there will still be a market for big lots. The market may be thinned a little bit but there would be a market for the young family with children looking for a large lot. So I am not sure that the hardship from that degree will be quite as strong. "I wish to connnent also on the connnent that we have heard in the past: 'we will save our annnunition for the Council and we will not present all here'. It has been the Council's policy"'and I could say, rigidly adhered to, that when people deliberately withhold or come up to the Council with new information which was not heard at the Commission level, that the Council immediately refers it back to the Commission to do the ground work. "I must join with Mr. Camphouse and Mr. Jacobi and Mr. Reibold in supporting Ordinance No. 990 as it is presently written for the time being. I think that no change should be made at this moment, and I would so move that no further consideration be given Ordinance No. 990 at this time." Councilman Camphouse seconded the motion and it was carried unanimously. 13. 3-18- 58 ;4J83 (Report on Ord. 990 Continued) lNDEXED WORK COMPLETION (Acme Sprinkler) l,t It/V CALL FOR BIDS (Tree Removal) 73:-.1 STREET IMPROVE- MENT - HUNTINGTON DRIVE 1,6 Mayor Dennis added: "By way of closing the remarks here this evening, it is not a public hearing." The City Council recognized that there was an interest in the connnunity concerning Ordinance No. 990, and we appointed Mr. Reibold to sit in with interested people to investigate--this and come back and make a reconnnendation to the City Council. 'Since this is not a public hearing we will not hear people from the floor at this time. There is a place on the agenda when anybody who wishes to make any remarks will be heard. "I would like to point out to you, however, as these gentlemen ~ave said, the City Council and the Planning Commission have no bias whatsoever in this matter; it is a constructive attempt to find a solution to a problem which we recognize exists, and I I think if you accept the comments that are made here this evening by the gentlemen at this table you will see that the intent continues to be one of open-minded approach to the problem. This is good democracy and good Arcadia government for us to keep an open mind for the problems that exist. So if you have any comments to make we will hear them later in the evening." Reconnnendation of the City Engineer that the work of Acme Sprinkler Company, Contractors for the installation of the sprinkling system along the north side of Colorado Street between Old Ranch Road and Princeton Road, be accepted as completed and the bonds released after the expiration of the required thirty- five days time limit. Councilman Camphouse moved that the City Council approve the recom- mendation of the City Engineer and accept the work of Acme Sprinkler Company for the installation of the sprinkling system along the north side of Colorado Street between Old Ranch Road and Princeton Road as completed and the bond released. Said motion seconded by Councilman Phillips and carried on roll call vote as fo llows : AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Recommendation of the City Engineer that Council authorize the advertising for bids for the removal of 20 dead Eucalyptus trees throughout the City, and an alternate bid for 5 trees as these trees have been inspected and found to be dead and a hazard; and that funds are provided in the tree removal budget of the Service Division for the removal of these trees. Councilman Phillips moved that the reconnnendation of the City Engineer be approved, and that the City Clerk be authorized to call for bids for the removal of 20 dead Eucalyptus trees through- out the City, and an alternate bid for 5 trees; said bids to be returned March 31, 1958 at 11:00 A.M. with recommendation to the Council at the next regular meeting April 1, 1958. Said motion was seconded by Councilman Camphouse and carried unanimously. I Reconnnendation of the City Manager and City Engineer for approval by the Council of plans and specifications for the improvement of Huntington Drive between Holly Avenue and Golden West Avenue, and to authorize the City Clerk to advertise for bids for said improvements. They advised that these improvement plans have been prepared in accordance with cross sections previously approved by the Council, and that this construction is the first stage in the beautification of Huntington Drive; that the estimated cost of the street work is $130,000.00, and that inasmuch as this project is being financed by State Gas Tax funds, approval of the plans and specifications, which have been submitted to the State Division of Highways, is being awaited, and should be received within approximately two weeks. Councilman Camphouse moved that the reconnnendations of the City 14. 3-18-58 MEETING SCHEDULE FI,' &I-;-;nLf I RESOLUTION No. 2998 ErNDEXED TRANSFER OF FUNDS 1: :JJ,;.J<-r I " ,41 fA. Manager and the City Engineer be approved, and that the City Clerk be authorized to call for bids for the improvement of Huntington Drive between Holly Avenue and Golden West Avenue, to be returned May 2, 1958 at 4.:oo:'p .M.'. with recormnendation to the Council at the next regular meeting of May 6, 1958. Said motion seconded by Councilman Reibold'and carried unanimously. The City Manager advised the Council that the Board of Education had requested the holding of its weekly board meetings in the City Council Chamber on Wednesday nights, cormnencing March 19, 1958; that in order so to do he had proceeded toward working out a schedule whereby the city boards and commissions that had met on that particular night would be transferred to other nights. The City Attorney then presented, discussed and read the title of Resolution No. 2998 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4, 5, 6 AND 7 OF RESOLUTION NO. 2831 AND CHANGING THE DATES OF REGULAR MEETINGS FOR THE RECREATION AND PARKS COMMISSION AND THE PERSONNEL BOARD OF THE CITY OF ARCADIA." Councilman Reibold moved that the reading of the full body of Resolution No. 2998 be waived. Said motion was seconded by Council- man Camphouse and carried on roll call vote as follows: . AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Motion was further made by Councilman Reibold that Resolution No. 2998 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Manager informed the Council that the acquisition of ten police cars, including special equipment, has been completed at a total cost of $21,892.13 and that since Council had allocated $25,000.00 from its Council Contingency Fund for this acquisition, there is an unexpended balance of $3,107.87. He added that the travel and transportation account of the Police budget had been' based on a full year lease operation; that it has been necessary to provide an allowance for gas, oil, maintenance and repairs for the city owned police cars for the remaining portion of the year, and this account will have an estimated surplus of $7,171. 95. He recommended therefore that the unexpended balance of $3,107.87 remaining from the $25,000 appr9priation and the estimated surplus of $7,171.95 remaining in the travel and transportation account be transferred to the Council Contingency account in the total amount of $10,279.82, making the existing balance in the Council Contingency Account $15,190.96. Councilman Jacobi moved that the recormnendation of the City Manager be approved and that the unexpended balance of $3,107.87, remaining from the $25,000.00 appropriation for the acquisition of ten police cars, and the estimated surplus of $7,171.95, remaining in the travel and transportation account of the Police budget, be trans- ferred to the Council Contingency account in the total amount of $10,279.82. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None 15. 3-18-58 4185 RECEIPT OF DIVIDEND lNDEXED l;Jr-oJ RETIREMENT SYSTEM ./ l,2,2b The City Manager-read a communication received from the State Compensation Insurance Fund in which they stated in substance that it was their pleasure to forward to the City a dividend of $7,157.67 representing a refund of 38% of the premium paid for the policy year ending June 1, 1957 on workmen's compensation, and this refund is in addition to the 11% saving in premium rates the City enjoyed under the experience rating plan; and that they cormnended the City on its safety record for the year. Mayor Dennis stated that on behalf of the Council he wished to convey cormnendations to the Staff. The City Manager advised that on January 21, 1958 the City Council authorized the execution of a contract with the consulting actuaries of the State Employees' Retirement System to give a preliminary cost estimate as to the Agen~y cost involved if the City was to divide its retirement system and combine its State Employees' Retirement System with Old-Age.Survivors Insurance. That the preliminary cost estimate is that the City's contribution would be 1.250% less than the present rate of contribution, 8.198%. That if such division took place the City would also have to contribute 2.25% on the first $4,200 of salary of the participating employees for OASI. The net annual increase in contribution for the City would be approximately $4,000 assuming that the City has 100% participation on a divided basis by all eligible employees; if lesser participation the annual increase would be correspond- ingly less. He continued that the next step in the procedure is for the City Council to pass a Resolution of Intention to amend the contract and to provide the machinery to hold an election among eligible employees to determine whether a divided system is preferred, and that it was the recommendation of the administrative staff that the City Council ~ass the Resolution of Intention and permit the election to be held. He added that it should be noted that the results of the division election or the referendum do not bind the employer in the final analysis to proceed with the modified SERS contract. A general discussion ensued and it was the consensus of the Council to hold the matter over to the next Council' meeting on April 1, 1958, in order to enable the City Manager to present to the Council a statement covering the total cost to the City of such a program. Recormnendation of the City Manager and the Water Superintendent that Mr. John A. Grivich, Assistant Water Superintendent, be authorized to attend the California section of the American Water Grivich)Works Association Spring Conference on Friday, March 28, 1958 in Oakland, California. That the anticipated expenditure is $75.00 and is provided for in the current budget. CONFERENCE ATTENDANCE (John A. lNDEXED !1:&f (Bernard Brumley) INDEXED R: f-/ Motion was made by Councilman Reibold that Mr. John A. Grivich be authorized to attend the Spring Conference of the California Section of the American Water Works Association March 28, 1958 in Oakland, California, at a total cost not to exceed $75.00, expenditures to be substantiated by an itemized expense account upon his return. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Recormnendation of the City Manager that Mr. Bernard Brumley, of the Service Division, be authorized to attend the annual conference of the California Sewage and Industrial Wastes Association in Stockton, California April 23-26, 1958. That money has been provided in the Public Works Department Budget Account No. 133 for this purpose. 16. 3-18-58 I I I COMMUNICATIONS (Winifred J. Yates) 1.s3-Z I (Telegram from Employess of Avon) lil1 , . A 1 n.... J l}{x....(J\) Motion was made by Councilman Phillips that Mr. Bernard Brumley be authorized to attend the annual conference of the California Sewage and Industrial Wastes Association in Stockton, -California April 23-26, 1958, at'a total cost not to exceed $100.00, expenditures to be substantiated by an itemized expense account upon his return. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Communication from Winifred J. Yates, 214 E. Foothill Blvd., requesting Council to modify its permission of March 4, 1958 that Mrs. Yates operate from her residence, located in a C-2 zone, a real estate business for a period of one year until such time as a building is constructed for such purpose. Mrs.Yates' request was that she be permitted to maintain the converted dwelling unit in the garage as a rental. Mrs. Yates being present, addressed the Council, reiterating the statements in her communication, to the effect that she is a Diabetic and that it is her doctor's advice that she have "someone around in case of an emergency*. That the party living in the garage house has a lease and has been ther~ approximately three years. A general discussion ensued, at which time Councilman Camphouse queried as to whether her son lived with her on the premises, as she had stated previously that he did. Mr. George Burroughs then addressed the Council, stating that he was Mrs. Yates' son and that he was only staying with his mother until she was feeling better when he would return to his own family. Councilman Jacobi stated that Mrs. Yates had said nothing about her son just living with her for a short time; that he thought this might have changed the picture if Council had been aware of that fact on March 4, 1958; that since Mrs. Yates had accepted'Council's permission at that time with the specified conditions, that he moved that Council deny her request. Councilman Camphouse seconded the motion. Miss Sally Ballant then addressed the Council, stating that she was the tenant in question in the converted garage building, and that if she were forced to move at this time it would impose both a physical and financial hardship on her. Another discussion then ensued and it was the consensus of the Council that Mrs. Yates could either follow the permission granted her at the Council meeting of March 4, 1958 and comply with the conditions imposed, or she could continue using her premises as residential only and keep her tenant, and she was orally so informed. A roll call vote was taken as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Mrs. Yates inquired if there was any court of law or any higher step she could take and Mayor Dennis suggested she discuss that with the City Attorney. Mayor Dennis announced that a telegram had been received from the employees of Avon Products, Inc. requesting consideration and approval of their company's business license application. The City Attorney cormnented that in that connection the Council has under advisement applications from Electrolux, Sears-Roebuck, etc. Mayor Dennis ordered the telegram filed. Action had been taken earlier in the meeting that all such applications were to be placed on agenda for April 1, 1958. 17. 3-18-58 '.' . ~,187 (Communicati ons Continued) 1/7/ (Minors at Santa Anita Race Track) INDEXED 5: 1i'..J.: 'iPo1fo'-V (Freeway and Bridle TraLl) BUSINESS LICENSE EXTENSION 1'/3 AUDIENCE PARTICIPATION (Ordinance No. 990) lNDEXED Mayor Dennis read a communication from the California Highway Commission regarding proposed freeways. 'The ,City Engineer com- mented that this information is'for the consideration of routes to be adopted in the future. Councilman Phillips suggested that copies of the communication be placed upon a bulletin board for interested persons to read, whereupon Mayor Dennis ordered that this be done. Mayor Dennis read a communication from the Arcadia Coordinating Council requesting the City Council to look into the possibility of some type of local legislation being passed forbidding minors to place bets at Santa Anita Park. The City Manager cormnented that in his opinion the race track has made every effort to keep minors from the betting windows; also that this was a matter that would come under State law. The City Attorney then stated that at the present time the sole onus is on the track; that there is no other legislation on the subject but that the matter is under discussion by the Association of Tracks. He added that it may be that there will be implementing legislation on the State level but if not that Council should consider it on a local level; that, however, this matter has already been greatly corrected by the track before it became a matter of common knowledge publicly and that reports will indicate that at the close of the season there was very little of thLs done. He continued, that he would suggest Council take no action immediately except, to keep the matter on its active fLle at least until the Track AssocLation itself has had time to fully study the matter. Mayor Dennis instructed the CLty Manager, wLth the assistance of the City Attorney, to write the CoordinatLng CouncLl outlinLng the steps taken and advLsLng them that the matter will be held under advisement. I Mayor Dennis advised that a communication had been received from Mrs. Marie H. Hume regarding the Freeway, and another communication from Mr. William C. Cracknell regarding the bridle trail. In that connection Councilman Phillips cormnented that he 'and Councilman Jacobi, as a non-working committee, appointed by Mayor Dennis, had not yet met with Mr. Norton but that when such meeting occurred interested people would be advised so that they might attend. Application of P. G. Calvert, 334 Wild Rose Avenue, Monrovia, for extension of his business license for the sale of tip sheets (Bernie Knows) during the Western Harness Racing Meet from March 14 through April 10, 1958. Motion was made by Councilman Phillips that the City Council approve the application of P. G. Calvert for the extension of a business license permit to allow Bernie Knows to sell tip sheets during the Western Harness Racing Meet from March 14 through April 10, 1958; that the provisions of Section 18 of Ordinance 737 applicable to previously licensed businesses be waived. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: I AYES: Councilmen Camphouse, Jacobi, Phillips and Reibold NOES: Mayor Dennis ABSENT: None Mr. Philip Cain, 1220 South Second Avenue, a member of the executive committee of Arcadia Property Holders Protective Association addressed the Council regarding the desire of his association that Ordinance No. 990 be repealed. He stated in part that his association was dissatisfied with the Council's decision and quoted from a purported report of Councilman Reibold that it would take an owner of approximately $30,000 worth of real property to pay his fair share of school taxes for one child. He added that in answer to a statement made by Councilman Camphouse that this ordinance was created to afford lot standardization, that this is an impossibility now, and to the point made by said councilman that he advocated variance requests, that his association does not advocate variances as it forces individuals to come before the 18. 3-1~-58 (Ord. 990 Continued) I I "7~1P.8 Council to ask for their rights. He requested, in closing his remarks, that Council not be prejudiced by any remarks he had made against those people who were going to apply for variances, and maintained that in his opinion, facts brought out at the meetings with the Planning Commission had not been given proper consideration. Mr. Jean Wunderlich, 525 W. Walnut, addressed the Council, stating in part that he endorsed the technical arguments made by Mr. Philip Cain; that he felt that Arcadia is not so uniform in its development that a blanket stop can be placed on developments as to all areas; that there are areas, such as in the southwest, where different regulations should apply and that it should not be necessary for the individual to have to request a variance. He also felt that Ordinance No. 990 places a hardship on the people in those areas and that safeguards should be added to the said ordinance that will take care of such matters; that he felt that when the ordinance was first adopted insufficient study had been made of the conditions of the city, and that no unusual tax burden will be placed on the city by the addition of rental units being added to property; and that the ordinance should be given further study in conjunction with a citizens committee. Mr. Ray Allen Young, 357 West Duarte Road, addressed the Council, stating in part that he was opposed to Ordinance No. 990 for the reason that when he had purchased his property in Arcadia, approximately 30 years ago, the City was cut up into large parcels, but that condition has changed from little ranches to residential districts; that these large lots have devaluated because they have no resale value and such owners are further penalized by having to pay taxes on vacant land. Mr. Edward Bender, 628 E. Camino Real Avenue addressed the Council, stating in part that in spite of Councilman Reibold's and Councilman Phillip's contention that Ordinance No.990 will not create any hardship, his own case disputes that inasmuch as for several years there has been talk of a subdivision on East Camino Real Avenue between 6th and 8th Avenues" but that attempts to buy up the large lots with this purpose in mind have been 'blocked by one property owner that refuses to sell. Mayor Dennis cormnented that the Council recognizes that such problems do exist and that the only alternative in this case is to find a buyer for the entire piece of property or to participate in the orderly development of a subdivision which, as the City Engineer pointed out, can be done if all the property owners get together in an united effort, as this same situation has existed in other places and been overcome in that way. Mr. Herman A. Niederwerfer, 165 West Camino Real Avenue, addressed the Council and stated in part, that he had not known this matter was coming up at this meeting; that he had come to the meeting on the matter of the curb assessments and inquired if Council had received his letter regarding that matter; also that the last paragraph in said letter was a protest against Ordinance No. 990, and requested that said excerpt of letter be made part of the records. Mayor Dennis assured him that this would be done. The following is the last paragraph in letter received March 11, 1958 in office of the City Clerk: "Further, in reference to a letter of Oct. 4, 1957 to me by Mr. Carrozza, officials of the City of Arcadia apparently have abolished the long standing policy of allowing in a R-l Zone the placing of up to 3 single family dwellings on large parcels of land if 7500 square feet or more is available for each such dwelling. The remaining of these 1 acre parcels would be limited to only one dwelling. I object to this restriction as, taken into consider- ation at the trial was the fact that not enough land was taken from me by the flood control district to transgress my right to still be able to use this acre for three dwellings. Your action 19. 3-18-58 <,,"'"'4189 (DeSalvia) now to restrict this acre to one dwelling is a further' devalu- ation of its value. In effect it is a denial to me of any use whatever to over ~ acre of ground yet taxes on the parcel remain the same as for others previously allowed the right of its use. For the record, I question the legal right to this restriction." (Original of letter on file in office of the City Clerk) Mr. Dominick DeSalvia, 317 Magellan Road, inquired of the Council whether the Huntington Drive improvements would encompass all of Huntington Drive. He was advised that the City pays its way and would complete the improvements when sufficient money had been allocated from gas tax moneys received from the State by the City. MATTERS FROM CITY OFFICIALS: (Reibold Ord. 990) 13'-10 (Phillips Ord. 1006) (City Attorney Expenses) R:&f Municipal Water District Act of 1911 INDEXED t: wo.:&u ',7?i~'" , wo>>-I~ Councilman Reibold inquired of Mr. Philip Cain whether he planned to make a political issue of the Ordinance No. 990 matter, to which Mr. Cain replied that the vote was an individual's only recourse to show the government his feelings on any disputed subject. Councilman Reibold then asked Mr. Cain if he accepted the principles of home rule, adding: "If the people of Arcadia decide that this is good, would he accept their judgment"? Mr. Cain replied: "If the people of Arcadia that are affected by this ordinance decide that it is good we would abide by their decision." I Councilman Phillips cormnented that now that Ordinance No. 1006 has been adopted, that the City Clerk should be instructed to place on the agenda the two or three applications that are pending. Mayor Dennis thereupon instructed the City Clerk to place them on matters pending on the next agenda. The City Attorney presented an itemized statement. of expenditures incurred on his trip to Sacramento to attend a Senate Committee meeting, said statement being in the amount of $57.50. As this expenditure had not been anticipated at the time of budget preparation, it was moved by Councilman Jacobi and seconded by Councilman Camphouse that the itemized statement of expenses incurred by the City Attorney in the amount of $57.50 be paid out of the Council Contingency Fund. Said motion was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Manager informed the Council that the Municipal Water District Act of 1911 provides that if any portion of the area of a municipality is to be included in the formation of a municipal water district, the entire corporate area of such municipality must be included with the boundaries of the proposed district. That in the process of the formation of a municipal water district, the Upper San Gabriel Valley Water Association, of which Arcadia is a member, has encountered a situation wherein the boundaries of five municipalities must be crossed in order to include territory not now included in adjacent water districts. That an amendment to the Municipal Water District Act will be necessary to relieve this situation and, under the sponsorship of Assemblyman Ernest R. Geddes, the Legislative Counsel has now prepared the amendment and the Governor has been asked to include this legislation in his call for the March session of the State Legislature. I He then proceeded to read the following draft of a letter to the Governor and suggested that the Mayor send such a letter to Governor Goodwin J. Knight: 20. 3-18- 58 I (Flood Control) S '. ?,C."Q (.,,;:h.1. (Mounted police) !NDEXED f/ '.i9:f: 0'0 6'~ I (Report of City Engineer) (League of Women Voters) i~190 "A draft of an act to amend the Municipal Water District Act of 1911 has been submitted to you by Assemblyman Ernest R. Geddes to remove boundary difficulties encountered in our efforts to form a new district in the San Gabriel Valley. "We can make no further progress in that regard pending adoption of the measure, and it is our hope that you will include this item on the agenda for consideration of the Legislature during the current special session. "The measure is non-controversial and not directly related to water. Your favorable attention is respectfully requested and will be sincerely appreciated." Councilman Phillips said that Arcadia cannot go alone if and when it is forced into the Metropolitan District; that a solution such as stated above is necessary; and that he moved that Council approve in substance the letter as read by the City Manager to be sent to the Governor. Councilman Reibold seconded the motion and it was carried unanimously. The City Manager stated he had received a communication from the Los pngeles County Flood Control District transmitting a copy of the storm drain deficiency report and regarding action to initiate the preparation of a storm drain bond issue report and requested Arcadia's recormnendation as to which of the projects submitted by it should be included in the program, and requested Council to instruct the Staff to proceed in order to get the deficiency report and priority report in by April 1st, 1958. Councilman Phillips cormnented that Council had approved the priority report in the past; that there may be certain modifications of a minor nature to fit the amount of money allocated and that he thought it was within the prerogative of the Staff to make these recormnendations. The City Manager replied that he would like to see the Council participate. Whereupon Mayor Dennis appointed Councilmen Phillips and Camphouse to serve as members of an adivory committee to work with the Staff in this connection. , Recommendation of the City Manager that the sum of $800.00 be allocated to the Arcadia Mounted Police for their use to defray the cost of transportation to the parades and shows in which this group appears throughout the year. He added that this is good advertising for the City; that this same amount had been allocated to them during the fiscal year 1956-57; that there is $500.00 currently budgeted for this particular item and that the additional $300.00 b~ drawn from the Advertising Account. Mayor Dennis moved that Council approve the recormnendation of the City Manager and that the additional sum of $300.00 be allocated to the Arcadia Mounted Police, and that this money be drawn from the Advertising Account; that with the budgeted $500.00 it would make a total of $800.00. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The 'City Engineer reported that during the past week several different items that had been cormnented on during the year, have been straightened out, to wit: Curbs on the south side of Colorado; call for bids on the resurfacing of Huntington, signals on Baldwin and by June the redevelopment and taking care of signals on Santa Anita, First Avenue and Huntington and Second Avenue and Huntipgton, and a restriping of Huntington to provide for a medium lane down the center. Mayor Dennis acknowledged the presence in the audience of Mrs. Richard Confer and Mrs. Kenneth Kirkpatrick of the League of Women Voters. 21. 3-18-58 "- 41St ADJOURNMENT Motion by Councilman Reibold, seconded by Councilman Jacobi and carried unanimously that the meeting adjou ATTEST: ~~~ City Clerk . I I