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