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HomeMy WebLinkAboutAPRIL 1,1958 I I INVOCATION PLEDGE ROLL CALL MINUTES HEARING (Corbett Real Silk) f3'f7 4.192 ". CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 1, 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. April 1, 1958. The invocation was offered by Councilman Reibold. Mayor Dennis led in the pledge of allegiance to the flag. PRESENT: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis ABSENT: None Councilman Camphouse moved that the minutes of the regular meeting of March 18, 1958 be approved as submitted in writing. Councilman Jacobi seconded the motion and it was carried unanimously. Mayor Dennis declared the hearing open on the application of Margaret Corbett, 3890 Shadow Grove Road, Pasadena, for permission to solicit the sale of Real Silk Company products door to door. The City Clerk stated that she had received no communication on the subject. Mayor Dennis then inquired if anyone in the audience desired to speak in favor of, or in opposition to the said application. Mrs. Margaret Corbett, 3890 Shadow Grove Road, Pasadena, addressed the Council, stating that she was the applicant and that she had nothing to add to the information contained in her application. There being no other person desiring to be heard Councilman Phillips moved that the hearing be closed, which motion was seconded by Councilman Camphouse and carried unanimously. Councilman Phillips .inquired of the City Attorney as to what procedure could be followed in order to pass on this application, and the applications of others that were awaiting the effective date of Ordinance No. 1006 for councilmanic action, to which the City Attorney replied that Council had the following optional procedures it could follow: That the first determination to be made is whether Council desires to grant the applications; if it desires to grant them, then does it desire them to become effective immediately, or to become effective on April 18, 1958 (effective date of Ordinance No. 1006). That if it desires them to become effective now, but subject to the provisions of Ordinance No. 1006, then the provisions of Ordinance No. 1006 could be included as conditions of the permits; however, if it does not want them to become effective until Ordinance No. 1006 becomes effective, but desires to act on all the applications at this meeting, it can grant the applications tonight to become effective April 18, 1958. Whereupon Councilman Camphouse moved that the matter of Margaret Corbett's application for permission to solicit the sale of Real Silk Company products door to door be taken under advisement. Councilman Reibold seconded the motion and it was carried ' unanimously. 1. 4-1-58 4193 HEARING 1.317 lIEARINGS (Avon "13/'1 Lyon 1J~ <! Pitts) J,; : I lIEARING (Zone Change) 13J7 Mayor Dennis then declared the hearing open on the application of Gertrude Goddard, 3650 Hampton Road, for permission to solicit the sale of Real Silk Company products door to door. No one desiring to be heard on the matter Councilman Phillips moved that the hearing be closed, which motion was seconded by Councilman Reibo1d and carried unanimously. Councilman Phillips moved that the matter of Gertrude Goddard's application for permission to solicit the sale of Real Silk Company products door to door be taken under advisement. Councilman Reibo1d seconded the motion and it was carried unanimously_ Councilman Camphouse moved that the hearings on Avon Products, Inc., Mrs. Charlotte G_ Lyon for Field Enterprises, Inc. and James L. Pitts for E1ectro1ux be closed. Councilman Jacobi seconded the motion and it was carried unanimously. I Councilman Phillips moved that the applications for permission to solicit door to door of Mrs. Margaret Corbett for Real Silk products, Mrs. Gertrude Goddard for Real Silk products, Avon Products, Inc., Mrs. Charlotte G. Lyon for Field Enterprises, Inc., and Mr. James L. Pitts for E1ectro1ux, be granted to said applicants; that such permits become effective April 18, 1958, the effective date of Ordinance No. 1006, and in conformance with the terms and conditions set forth in said ordinance. Councilman Canphouse seconded the motion and it was carried unanimously. Mayor Dennis declared the hearing open on Planning Commission Resolution No. 276 recommending that there be a change of zone from Zone R-3 to Zone C-O and Zone D on property located on the south side of Huntington Blvd. from Holly Ave. to the C-Zone at Baldwin Avenue and including two lots west of the C-Zone west of Baldwin Avenue. He inquired of the City Clerk if she had received any communications on the subject to which she replied that she had received one letter from Edward G. Marshall, in favor of such zone change. The City Attorney pointed out that these proceedings were instituted on the motion of the Planning Commission; that some variances have been granted in the general area and that this was part of the long range plan of considering areas and recommending rezoning on an orderly planned basis rather than on individual applications; that the Planning Commission had recommended the creation of the c-o zone and subsequently an amendment to thet zone eliminating one of the uses that was found from experience not to be too well adapted to that zone; that on its own motion it instituted these proceed- ings to consider a sizeable area for C-O zone and its recommendation is embodied in the resolution that was transmitted to the Council. Mayor Dennis then inquired if there was anyone in the audience who desired to be heard on the matter. I Mr. A. W. Haube1t, 630 W. Huntington Blvd. addressed the Council, stating in substance that this proposition had come up before on several different occasions and that in his opinion it was still the consensus of the property owners within and adjacent to the area proposed to be rezoned that there is no urgent or general demand or property useab1e for medical or professional purposes; that a variance for a medical building in this locality has been granted and can readily be granted again should demand arise; that he was opposed to the 10 foot setback provision as compared with the 50 foot setback observed by the present owners; that the proposed reca11ification will lead to increased taxes without a means of producing comparable increase in income; and that Arcadia is more in need of multiple housing to support the existing businesses rather than additional business districts. 2. 4-1-58 (Hearing - Zone Change Continued) 13,27 I HEARING (Setback Line) 1.3:H I ORDINANCE No. 1011 1/,)3. ll'1D:EXED ....:)r 4~n,"1 ( .'U. !.' - L J'~ A general discussion ensued and Councilman Camphouse inquired if there was any record o~ the number of protestants at the Planning Commission hearing, to'Wh1Ch Mr. Talley, Secretary of the Planning Commission, who was in the audience, answered that he thought about 50% of the property owners 1n that area had protested; and 1n answer to the question of whether 1n his opin10n the same people would protest S1nce the setback had been changed, he replied that he d1d not th1nk all of them would protest. He added that. the setback change was for the rear setback of 30 teet so that there will be vacant property for an alley at the rear ot the deep lots at some future time when an alley is needed. Mr. Joseph M. Spichtig, 508 W. Huntington Blvd. addressed the Council, stating in substance that he was in favor of the rezoning if restrictions are placed on buildings so that they will not cost under $20,000.00. The City.Engineer pointed out that while a dollar value restriction could not be placed on buildings erected in that vicinity, that due to the building code requirements and the. cost of the individual lots in that vicinity, it was improbable that a professional building could be erected for less than $20,000.00. The City Attorney then suggested to the Council that the hearing be continued so that the next Council could close the hearing, 'review the proceedings and then introduce and later adopt the ordinance relative to this matter; or it could close the hearing at this meeting, introduce the ordinance at this meeting, have a meet- ing prior to the regular Council meeting of April 15, 1958 and adopt it. That his suggestion would be to close the hearing, introduce the ordinance at this meeting and adopt it prior to the induction of the new Council. After due consideration being given saip suggestions Councilman Phillips moved that the hearing on Planning Commission Resolution No. 276 be continued to April 15, 1958. Councilman Camphouse seconded the motion and it was carried unanimously_ Mayor Dennis declared the hearing open on Resolution of Intention No. 2990 to establish setback line on portion of Huntington Drive between San Rafael Road and Morlan Place. He inquired if anyone desired to speak in favor of or in opposition to said intention. No one desired'to be heard. Councilman Camphouse moved that the hearing be closed, which motion was seconded by Councilman Jacobi and carried unanimously. The City Attorney pointed out that there is a companion action as to which the Council has already had a hearing, to wit, the reclassification of unzoned property to Zone C-2; that appropriate ordinances are prepared but that he suggested they be continued to the next Council meeting for introduction because the file would have to be reviewed by the new council prior to adopting the ordinances. Councilman Camphouse moved that action on said setback be continued to the regular Council meeting of April 15, 1958. Said motion seconded by Councilman Reibo1d and carried unanimously. The City Attorney presented for the second time, discussed and read the title of Ordinance No. 1011, 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 5, 1958, AND DESIGNATED THEREIN AS 'NORTHEAST ARCADIA ANNEXATION NO. 16 - UNINHABITED.'" 3. 4-1-58 .4195 LOT SPLIT No. 199 (Approval) 130ft, LOT SPLIT No. 200 (Approval) f3t/'l LOT SPLIT No. 198 (Denial) 735r TRACT No. 21215 ~ - 1 G .)1 Motion was made by Councilman Reibolcl body of Ordinance No. 1011 be waived. Councilman Jacobi and carried on roll that the reading of the full Said motion seconded by call vote as follows: AYES: Councilmen NOES: None ABSENT: None Camphouse, Jacobi, Phillips, Reibold and Dennis , Motion WaS further made by Councilman Reibold that Ordinance No. 1011 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None I Recommendation of the Planning Commission that Lot split No. 199 - HENRY F. MAUCH, 400 Rosemarie Drive, be approved subject to the following condition: 1. File a final map with the City Engineer. Recommendation of the Planning Commission that Lot split No. 200 - RANCHO SANTA ANITA, 251 Colorado Place, be approved subject to the following conditions: 1. File a final map with the City Engineer. 2. Construct a concrete curb and gutter along the frontage of Colorado Place and Colorado Boulevard before the issuance of a certificate of occupancy for any building on the respective lot, as specified in the minutes of the Council meeting of February 4, 1958. Motion made by Councilman Reibold, seconded by Councilman Camphouse and carried unanimously that the recommendations of the Planning Commission be accepted and that Lot Split No. 199 and No. 200 be given approval subject to specified conditions. Recommendation of Planning Commission that Lot Split No. 198 - MARION C. KNUTSEN, 607 Sharon Road, be denied. The request is to divide lots 11, 12 and 13, in. a new subdivision, 80 feet, 75 feet and 75 feet respectively, to result with widths of 88 feet, 73 feet and 69 feet, for the purpose of deeding the 73 foot lot to the former owner_ This subdivision was originally submitted showing lots 73 feet wide, one of which was to be returned to the original owner. The City required that the lots be made wider, resulting in the relocated lot lines. The subdivider has offered to deed lot 12, 74 feet wide, but the original owner insists on receiving the exact land specified in the escrow instructions. In the opinion of the Commission, the subdivision as now constituted is a good use of the land, and the technicality of the escrow instructions is not sufficient reason for making the two sub-standard width lots. I A general discussion ensued on the legality of the escrow instructions, and Mr. L. M. Talley, Planning Secretary, requested permission to address the Council, stating that he had additional information to add to the matter; that the original owner of the property, Mr. J. L. Reid, telephoned him and he now does not want the 73 feet, he wants the lot as it is shown on the recorded tract map. Councilman Phillips moved that Council accept the recommendation of the Planning Connnission and deny Lot Split No. 198. Councilman Reibo1d seconded the motion and it was carried unanimously. Tentative Map of Tract No. 21215, being the westerly extension of Santa Anita Terrace, containing 10 lots. Planning Commission recommendation for approval, subject to the following conditions: 4. 4-1-58 (Tract No. 21215 Cont'd) 1'3~ I I ZONE VARIANCE {Arcadia Prof. Center) ~'331 I n ... n,r- '-*..l~ 1. Remove all existing buildings within the tract, except the dwelling on Lot 9. Remove the garage portion of this dwell- ing to provide clearance from the lot line, and add the garage at an approved location. This existing house will have a non- conforming rear yard. No additional house to be placed on this lot. 2. Install all street improvements as required by the subdivision ordinance. 3. Pay all fees and deposits required by the subdivision ordinance. 4. Provide rear line easements for utility lines. 5. Dedicate lot 11 to the City to control future extension. 6. City to dedicate lot 13, Tract No. 24031 for street purposes. 7. Any future extension of this street must provide another access. Councilman Camphouse moved that Council approve the tentative map of Tract No. 21215 subject to the above specified conditions. Motion seconded by Councilman Jacobi and carried unanimously. Mayor Dennis inquired of the subdivider, who was meeting, if he understood the restriction of the to which he replied that he did understand them. conditions were not read to him. present at the Planning Commission, Therefore the Planning Commission Resolution No. 278 recommending the granting of the application of the Arcadia Professional Center for zone variance to permit the addition at the rear of the existing medical office for the establishment of a prescription pharmacy, and for a sign in front of property at 600 West Huntington Boulevard. A general discussion ensued as to whether business should be kept in the business sections of the City as against the convenience of pharmacies located in medical buildings both to the persons who needed immediate prescriptions and to the doctors occupying the premises. The City Attorney read portions of the Planning Commission Resolution No. 278 which stated in substance that pharmacists are under the Business and Professions Code; that doctors can compound their own prescriptions in their own offices; that only prescrip- tions, medicines, home sick-room supplies and surgical appliances are to be sold in said proposed pharmacy. Councilman Reibold moved that the recommendation of the Planning Commission be accepted and a variance granted upon the conditions and the purposes therein contained. Councilman Phillips seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Phillips and Reibo1d NOES: Councilmen Camphouse, Jacobi and Dennis ABSENT: None The City Attorney pointed out to the Council that their motion was to disapprove the Planning Commission's recommendation as a whole, and as such precluded permission for a sign in front of the said property. Whereupon Mayor Dennis moved that permission be granted for the construction of the sign as recommended by the Planning Commission in that portion of its recommendation pertaining to the sign; also that the Council instruct the City Attorney to prepare a resolution in accordance with Council's determination. Council- man Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None 5. 4-1- 58 4197 ZONE VARIANCE (Margolin) -:;;) ';,i. USE PERMISSIBLE (Skating Rink) :J ;,- .; ,....._.../ Planning Commission Resolution No. 279 recommending the approval of application of Vivian J. Margolin for zone variance to permit property at the norwest corner of Santa Anita Avenue and Las Tunas Drive to be used for C-3 and PR-l purposes. Time for appeal from said recommendation elapsing April 4, 1958 and appeals from said recommendation having already been received, Councilman Phillips moved that this matter be set for hearing on May 6, 1958. Councilman Reibold seconded the.motion and it was carried unanimously. Planning Commission Resolution No. 281 recommending that the. business of a roller skating rink be classified as a use permis- sible in Zone C-2. I Mr. John Howard, 19 LaPorte Street, addressed the Council, stating in substance that he questioned a roller skating rink in a C-2 zone without qualification; that this is dealing with a new type of business, never encountered in Arcadia prior to this occasion; with inherent noise and problem of traffic in the evening; that if this is made a permissible use in any C-2 zone there would be no reason for Council to take any specific action if an application was made to build a roller skating rink or to make use of that particular property for roller skating purposes. That certain types of businesses were left out of the list of specified permis- sible uses in preparing the zoning ordinance, and much better control could be had in the planning of properties in the city by leaving these uses to be determined at time of application rather than making it a standard permissible use on any C-2 property in the City. He asked the Council to consider this; also that only two property owners immediately affected received notices of the hearing before the Planning Commission and asked if it is possible to have such matters as this brought up in a public hearing so that property owners who would be adversely affected have an opportunity to appear before the Council. A general discussion ensued. Councilman Reibold stated that Mr. Howard is bringing forth the issue of the proper classification of the skating rink; that the other issue relative to application for license is offset by the first issue. And that he strongly recommended that if a public hearing is desired, that the matter be referred back to the Planning Commission for a public hearing. The City Attorney pointed out that the provisions of the Zoning Ordinance provide that where there is ambiguity or uncertainty as to any provision or any use not specifically mentioned, the Planning Commission may investigate the situation and make its findings and recommendations to the Council by resolution, and the Council may consider that and by resolution can add a given use to a particular zone. He added that one possible defect is in the procedure in the fact that there is no advance notice other than the statement on the agenda that a given matter is going to be heard. He suggested that if it is advisable that a public hearing I be held after some public notice is given, Council could either hold it or refer it back to the Planning Commission and request that they consider it again after publishing a notice, such as is done when a change in the text of the zoning ordinance is proposed. He continued that placing such a use in the special use category gives the Planning Commission and the Council an opportunity to consider the restrictions to be applicable upon each individual usage under that section for many specified uses; that under Ordinance No. 737 as amended by Ordinance No. 823 a permit is required by the Council and under that procedure some type of restrictions can be imposed. Mr. Randolph Weltner, President of the Christian Youth Center , 588 N. Larchmont Blvd., Los Angeles, the applicant for a permit to conduct the said roller skating rink addressed the Council, 6. 4-1-58 I BIDS I (Central Fire Station) :;,;; ;. - . " ~ . . ). ~,419S requesting that he and several other people be heard on the matter. Mayor Dennis informed Mr. Weltner that this is not a noticed public hearing; that the sentiment of the Council seems to be that this should be referred back to the Planning Commission for a regularly noticed public hearing; that the Council has adopted a policy of discouraging new evidence at Council level not presented 'to the Planning Commission. Councilman Reibold informed Mr. Weltner that actually his matter was the following item on the agenda; that he had assumed that the skating rink would automatically be in Zone C-2 but that now the question has arisen as to whether or not that is the proper usage, which would set aside his permit request until the matter of the proper zone has been resolved. Councilman Jacobi moved that the matter of the business of a roller skating rink being classified as a use permissible in Zone C-2 be referred back to the Planning Commission for a public hearing, after publication of notice. Councilman Camphouse seconded the motion and it was carried unanimously. Mayor Dennis announced that those people in the audience who had come to this meeting as a result of this matter, if they left their names with the clerk, would be notified through the regular channels; also that there would be a publication in the newspapers. Mayor Dennis then stated that under the circumstances there would not b e any point in taking up item lIon the agenda (communication from Mr. Weltner, President of the Christian Youth Center, apply- ing for permit to operate skating rink .second lot north of LaPorte Street on the west side of First Avenue). The City Attorney stated that Item 11 presu~poses favorable action on item 10 (the above matter), but that comes under Ordinance No. 737 as amended by Ordinance No, 823; that the communication is actually a request to waive the provisions of section 18 of Ordinance No. 823 for the reasons stated in the'communication and to grant a permit to operate a rink at the location specified upon the conditions outlined in the communication; that Council could not act favorably on the application until a determination is made on the zoning and suggested that Council continue the matter of the request for a permit, Councilman Phillips moved that the placed on the pending agenda until surrounding item 10 are resolved. Reibold and carried unanimously. communication of Mr. Weltner be such time as the circumstances Motion seconded by Councilman The City Engineer reported the following bids had been received for the construction of the Central Fire Station: Mayfair Construction Co. Worrell Construction Co. Harwick & Son Carl Harvey Dumarc Corporation Coastate Builders Wm. W. Dickson Nick Pokrajac Casner Construction Co. Niels Pallisgaard Shepard & Morgan Residential Builders Parr Contr. Company Ruane Corporation Daniel Bros. .Construction'Co. Edwards Construction Co. H. M. Keller Co. 7. $168,683.00 168,280,00 166,990.00 164,900.00 164,450.00 162,580.00 161,950.00 161,600.00 159,400.00 159,984.00 159,980.00 159,538.00 158,900.00 158,700.00 158,630.00 158,872.00 148,690.00 4-1-58 41.99 (Central Fire station continued) 1-;-"5 BlDS (Removal of Trees) =7J39, BIDS (Water Main Colorado St.) 13J~ He added that there were received with these bids nine alternates, eight of which were deletions and one an addition of changing the brick from a common brick to a face brick, in the amount of $ 6, 707 .00. Recommendation of the City Engineer that the City Council award the base bid contract to H. M. Keller Co. in the amount of $148,690.00 and also that alternate No.2, using face brick in lieu of common brick be accepted, adding an additional amount of $6,707.00 to the said bid, making a total contract of $155,397.00; that the estimate for this project, including architect's fee, contingencies and cost of construction waS $186,000.00. I Mayor Dennis stated that he had asked Council's permission to make this motion because this project represents the culmination of the capital projects he had had an opportunity to participate in since he had been on the City Council, and in making the motion he said: "I would like to thank Mr. Anderson particularly and the Staff for the diligent work they have done in trying to bring about some of these things which I feel will be permanent assets to the community, and so, with a word of "thanks" and also "well done", I would like to move that the Council accept the recommendation of the City Engineer and that the contract for the construction of the Central Fire Station be awarded to H. M. Keller Company in the amount of $155,397.00, and that the Mayor and City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney, and that other bid deposits be returned." 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 The City Engineer reported the following bids the removal of 20 trees, plus 5 alternates: Johnson Tree SerVice ,/~ California Tree Service, Inc. were received for $1,662.00 2,049.00 That funds are available in the current budget, and that he recom- mended that the Council award the contract to Johnson Tree Service in the amount of $1,662.00. Councilman Reibold moved that the Council accept the recommendation of the City Engineer and that the contract for the removal of 20 trees plus 5 alternates be awarded the Johnson Tree Service in the amount of $1,662,00, and that the Mayor and City Clerk be authorized to execute a contract in accordance therewith in form approved by the City Attorney, and that other bid deposits be returned. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: I AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Manager and the Water Superintendent reported the follow- ing bids received for the installation of a cast iron water main in Colorado Street from Baldwin Avenue to Princeton Road: S. E. Pipeline Co. $1,598,00 20 days Industrial Pipeline Co. 2,600.00 30 days Mutual Pipeline Co. 2,750.00 30 days Wilson Pipeline Constr. Co. 2,900.00 30 days Macco Corporation 3,083.00 30 days M. E. Fridrich Co. 3,484.00 30 days Deeco Pipeline Contractors 4,110.00 30 days 8. 4-1-58 " (Water Main' colorado St. Continued) ;J'3;' (1 I CALL FOR BIDS (Reservoir Roof) , ::( j'l? CONTRACT APPROVAL (Corpos of Engineers U. S. Army) -:;... j :.g l/ I ~: : . <'4200 Recommendation of the City Manager and the Water Superintendent that the Council award the contract to the low bidder, S. E. Pipeline Co, in the amount of $1,598.00. Councilman Phillips moved that the Council accept the recommendation of the City Manager and the Water Superintendent and that the cont~act for the installation of a cast iron water main in Colorado Street from Baldwin Avenue to Princeton Road be awarded to S. E. Pipeline Co. in the amount of $1,598.00, and that the Mayor and City Clerk be authorized to execute a contract in accordance there- with in form approved by the City Attorney, and that other bid deposits be returned. 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 Recommendation of the City Manager and the Water Superintendent for authorization to advertise for bids for the construction of a reservoir roof, such roof being a replacement of the existing roof on Orange Grove Reservoir No.2; said work being provided for under the current budget, Water Reserve and Depreciation Fund, Major Projects, Item No.2. Councilman Jacobi moved that the Council accept the recommendation of the City Manager and the Water Superintendent, and that the City Clerk be authorized to call for bids for the construction of a reservoir roof to replace the existing roof on Orange Grove Reservoir No.2; said bids to be. opened April 14, 1958, at 11:00 A.M. and acted upon at the City Council meeting on April 15, 1958. Councilman Camphouse seconded the motion and it was carried unanimously. The City Manager and the Water Superintendent presented to the Council for approval a contract prepared by the Corps of Engineers, United States Army; said contract being between the United States Government and the City of Arcadia, providing for reimbursement to the City for the expense to be incurred by reason of the relocation of the City's water facilities across the proposed Santa Anita Wash Part 1, Los Angeles County Drainage Area, California. The City Manager explained that the City has entered into and completed four contracts with the above agency for similar work; that these prior contracts have been what the Government terms "Cost Reimbursable" contracts, and that this entailed considerable work on the part of the City both during construction and during the Government's audit of the City's claims that is not reflected in the City's costs. He continued that at the request of the City this proposed contract Is on a "lump sum" basis in the amount of $10,218.00; that the City will be paid this fixed amount for the work; that the work to be performed and the estimates therefor have been approved by the Government and that it is his opinion that this method of reiinbursement will be advantageous to the City; that the estimates have been subject to considerable review and that the City is well protected against any loss in the performance of this work. Recommendation of the City Manager and the Water Superintendent that an abatements receivable account in the amount of $10,218.00 be established for the purpose of obtaining the materials and performance of service as specified, whether it be by force account or a contract basis to be determined later; and that the contract be approved by Council and the Mayor and City Clerk be authorized to execute same. Councilman Phillips moved that the Council accep~~the recommendation ~ /~ 9. 4-1- 58 4201 (Contract Approval Corps of Engineers U. S. Army Continued) 7J ..J~ CALL FOR BIDS (Water Mains Santa Anita Wash) 13~5 CALL FOR BIDS (Wilderness Area) 7127 LAND ACQUISITION (Cassady) J21'J...- of the City Manager and the Water Superintendent and approve the contract between the United States Government and the City of Arcadia; that an abatements receivable account in the amount of $10,218.00 be established for the purpose of obraining the materials and performance of service as specified above, and later billed to the Corps of Engineers, United States Army, and that the Mayor and City Clerk be authorized to execute said contract. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibo1d and Dennis NOES: None ABSENT: None I Recommendation of the City Manager and the Water Superintendent for authorization to advertise for bids for the performance of the work of water main relocation across the proposed Santa Anita Wash - Part 1, Los Angeles County Drainage Area, California. Councilman Reibold moved that the Council accept the recommendation of the City Manager and the Water Superintendent, approve the plans and specifications as presented, and that the City Clerk be authori- ized to call for bids for the performance of the work of water main relocation across the proposed Santa Anita Wash; said work being embodied in the contract between the City and the Corps of Engineers, United States Army, as approved by the Council at this meeting, at an estimated cost of $10,218.00; said bids to be opened April 14, 1958 at 11:00 A.M. and acted upon by the Council at its regular meeting on April 15, 1958. Councilman Jacobi seconded the motion and it was carried unanimously. Recommendation of the City Manager that approval be given plans and specifications for the first development phase of construction at the Wilderness Park; that funds for this project have been earmarked; and that the City Clerk be authorized to call for bids to be opened at 4:00 P.M. Friday, May 2, 1958 and acted upon by the Council on May 6, 1958 at 8:00 P.M. Councilman Camphouse moved that the Council accept. the recommendation of the City Manager, approve the plans and specifications for the first development phase of construction at the Wilderness Park and authorize the City Clerk to call for bids for said construction, to be opened at 4:00 P.M. Friday, May 2, 1958 and acted upon by the Council at the regular meeting on May 6, 1958. Said motion seconded by Councilman Reibold and carried unanimously. Recommendation of the City Manager that Council approve that the amount of $10,000.00 be appropriated from available unappropriated surplus of the general fund to a capital projects property acquisition account for the purpose of acquiring the 40 foot strip of land lying between Huntington Boulevard eastbound and the Arcadia County Park, commonly referred to as the Cassady property; that the Los Angeles County Board of Supervisors have taken action to acquire the referred to piece of property. I Councilman Jacobi moved that the Council accept the recommendation of the City Manager and approve the amount of $10,000.00 being appropriated from available unappropriated surplus of the general fund to a capital projects property acquisition account for the purpose of acquiring the 40 foot strip of land lying between Huntington Boulevard eastbound and the Arcadia County Park. 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 recommended that in the future when recommend- ations are made for appropriation of funds, that the actual account number be mentioned in the communication, in order to clarify the motion. 10. 4-1-58 EQUIPMENT (Baldwin Ave. Fire Station) 777 I ACCEPTANCE OF WORK (California Sound Products.Inc.) '1 OJ/~O (E. E. Jensen) E. :; fll'/ 13 of (A. Short Electric) '1- /;"5 r I I :' Ii 'jtli? _\1._ l:-!JO.;"'U"", Recommendation of the City Manager that Council approve the appropriation of $10,148.00 from available unappropriated surplus of the general fund to a capital projects Baldwin Avenue equipment account for the purchase of equipment for the Baldwin Avenue fire station; that in conjunction with the construction of said fire station it is necessary to purchase certain equipment items to facilitate the proper operation of the station; that a detailed equipment list has been prepared by the Fire Chief, which list includes office furniture, dormitory furniture. hose storage, wash- ing and drying apparatus, kitchen equipment and radio equipment and that the requested appropriation of $10,148.00 is the total estimated cost to equip said station. Councilman Phillips moved that the Council accept the recommendation of the City Manager and appropriate the sum of $10,148.00 from available unappropriated surplus of the general fund to a capital projects Baldwin Avenue equipment account for the purchase of equip. ment for the Baldwin Avenue fire station. 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 City Manager and City Engineer that the City Council accept the work under contract to the following contractors, and authorize final payment to be made and the bonds released after the expiration of 35 days: California Sound Products, Inc., the contractor for the instal- lation of the specialized sound system in the new police facilities building. E. Jensen,'Contractor for the first stage of Santa Anita Avenue, from Orange Grove Avenue the beautification to Foothill Blvd. A. Short Electric, oontractor for the installation of the exterior floodlighting of the City Hall. Motion was made by Councilman Reibold that the City Council approve the recommendation of the City Manager and City Engineer and accept the work of California Sound Products, Inc. for the installation of the specialized sound system in the new police facilities building, and authorize final payment to be made and the bond released after the expiration of the required thirty-five days under the terms of the contract. 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 Motion was made by Councilman Phillips, seconded by Councilman Camp house and carried on roll call vote as follows that the City Council approve the recommendation of the City Manager and City Engineer and accept the work of E. E. Jensen for the first stage of the beautification of Santa Anita Avenue, from Orange Grove Avenue to Foothill Boulevard, and authorize payment to be made and the bond released after the expiration of the required thirty five days. AYES: Councilmen Camphouse. Jacobi. Phillips, Reibold and Dennis NOES: None ABSENT: None Motion made by Councilman Camphouse, seconded by Councilman Reibold and carried on roll call vote as follows that the City Council approve the recommendation of the City Manager and City Engineer 11. 4-1-58 4203 LIQUOR LICENSE PROTEST 735'/ RESOLUTION No. 2999 13.5"-1 and accept the work of A. Short Electric for the installation of the exterior flood lighting, and authorize payment to be made and the bond released after the expiration of the required thirty five days. AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None The City Manager reported that the Arcadia Bowling Courts, Inc., 17-23 Morlan Place, have again made application for an on-sale general liquor license; that the Chief of Police has filed a protest against the issuance of this license; and that to enable the hearing to be held in the Council Chamber of the Arcadia City Hall it is necessary for a resolution to be passed by the City Council, which resolution has been prepared by the City Attorney for Council's approval. He added that the attorney for the applicant was present and desLred to address the Council. I Mr. Alvin W. Hahn, lUl~ East Huntington Drive, attorney for the applicant, addressed the council, statLng that he dLd not want to speak at this tLme, that he only wLshed to answer any questions the CouncLl wLshed to aSK; also to state that there is another bowling alley in Arcadia that has on-sale liquor license. A general discussion ensued and Mr. Hahn was asked if it was proposed that liquor served would be taken to the alley, to which he replied that no decision had been made on that; that applicant was willing to cooperate with the City in whatever was required in that regard. He also stated that the application was for a bona fide restaurant. The City Manager commented that this is the third .application filed by the applicant, two of which have been denied; that he would like to have the hearing held in Arcadia rather than in Los Angeles, which requires a resolution by the Council. The City Attorney inquired of Mr. Hahn whether the application filed covers the entire premises now operated as a bowling alley, which, if granted, would permit the applicant to serve liquor in the bowl- ing alleys. Mr. Hahn answered to the effect that this was so but that if an agreement is reached, certain restrictions can be included and the applicant would have to abide by such restrictions. Councilman Camphouse stated that he felt the only place to discuss the issues was at a hearing and he moved that the Council accept the recommendation of the Chief of Police and request the City Attorney to provide the resolution in order that the hearing could be held in Arcadia. Councilman Jacobi seconded the motion and it was carried unanimously. The City Attorney then presented, discussed and read the title of Resolution No. 2999, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROTESTING THE GRANTING OF ON-SALE LIQUOR LICENSE AND REQUESTING THAT A PUBLIC HEARING THEREON BE CONDUCTED IN THE CITY OF ARCADIA." I Councilman Camphouse moved that Resolution No. 2999 be waived. Jacobi and carried on roll call the reading of the full body of Said motion seconded by Councilman vote as follows: AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None AllSENT: None Motion made by Councilman Camphouse that Resolution No. 2999 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 AllSENT: None 12. 4-1- 58 I CONFERENCE ATTENDANCE (Chief of Police) lNDEXEn W p,.).-pJ,:~ .' A~" I! '..,.;,..\,,'1:" The City Manager then recommended that Council request the City Attorney's office to represent the City at said hearing. Councilman Camphouse moved that the Council accept the recommendation of the City Manager and that the City Attorney represent the City of Arcadia at the hearing above described. Said motion seconded by Councilman Jacobi and carried unanimously. Recommendation of the City Manager that Chief of Police William S. Orr, be authorized to attend the 18th annual retraining session for the California Chapter of the Federal Bureau of Investigation National Academy Associates to be held in, Palo Alto at Ricky's Studio Inn from April 30 to May 2 inclusive, 1958; that funds have been provided in the current budget. Motion was made by Councilman Camphouse, seconded by Councilman Jacobi and carried on roll call vote as follows that the Council authorize Chief of Police William S. Orr to attend the 18th Annual Retraining Session for the California Chapter of the Federal Bureau of Investigation National Academy Associates to be held in Palo Alto from April 30 to May 2 inclusive, 1958, expenditures to be sub- stantiated by an itemized expense account upon his return. AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None COMMUNICATIONS Mayor Dennis announced that the following communications had been received. (Tree Program) n:JEXED B',~ (Freeway) f.J 7/ Request.from C. Paul DuBois, 932 Encanto Drive, to remove a tree. Councilman Phillips commented that a similar matter had been handled at a prior Council meeting and that Council had requested the City Engineer to proceed with his tree planting program. Mayor Dennis ordered the letter filed. Communication from R. P. Green, protesting the location of the proposed freeway, together with approximately 180 cards with 355 signatures. Mayor Dennis ordered these filed for future reference. Councilman Phillips commented that there was still communications to be received from the State Highway Department before action is required or intimated by the Council. COUNTY Notice of proposed annexation by the City of El Monte of certain BOUNDARY . territory known as Annexation No. 140. This property lies east of COMMISSION Tyler Avenue approximately 3/4 mile south of Lower Azusa Road and n::)EXED is far removed from the City of Arcadia. Recommendation of the City ~ Manager that this notice be noted and filed as the annexation has no P:~ d effect upon the City of Arcadia. Notice of proposed annexation by the City of Pasadena of certain territory known as Kinneloa Annexation. This property is a triangu- lar parcel of land 100' x 50' lying northeast of Pasadena near the Eaton Wash Dam, and approximately one mile west of Michillinda Boulevard. Recommendation of the City Manager .that this notice be noted and filed as the annexation has no effect upon the City of Arcadia. I REFUND REQUEST Request of City Clerk for authorization to refund unused portions of investigation fees to the following: Avon Products Mrs. Gertrude Goddard Mr. James Pitts Wistaria Cab Co. Mrs. Margaret H. Corbett Mrs. Charlotte Lyon Mr. Alex McDonald $22.50 =? 31<1 22.81 7.s'/7 21.87 l~fl1 21.25 1,'-'3 22.81 - 3'/7 21.56 ... ~ Y'I 4.14 7,U.:i 13. 4-1-58 '1;205 (Refund Request continued) Councilman Reibold moved that the Mayor and City Clerk be authorized to refund the unused portions of investigation fees in connection with applications for permission to solicit door to door to the fo Howing : Avon Products Mrs. Gertrude Goddard Mr. James Pitts Wistaria Cab Co. Mrs. Margaret H. Corbett Mrs. Charlotte Lyon Mr. Alex McDonald $22.50 22.81 21. 87 21. 25 22.81 21. 56 4.14 Councilman Phillips seconded' the motion and it was carried on roll call vote as follows: I AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None Councilman Camphouse suggested that the Staff work out some formula to better analyze the cost of conducting investigations, other than the publishing cost, and Mayor Dennis ordered the Staff to render an analysis of the cost of conducting investigations and a formula devolved. MATTERS FROM THE CITY OFFICIALS 122 :f RESOLUTION No. 2995 'f,?'.J 5' The City Manager reported that at the Council meeting of March 18, 1958, action was deferred on a resolution of intention regarding certain procedures permitting a choice by employees of the City of dividing the retirement system; that the question arose as to the retroac~ive agency contributions. He then continued with his report as to the,method the City has in which this can be handled. A general discussion ensued. Councilman Phillips inquired if the election that the employees would participate in would spell out clearly how he could repay the amount. The City Manager replied that this would be thoroughly explained; that a series of meetings were contemplated to acquaint the employees with the methods proposed. Councilman Phillips then stated that he felt the Council now under- stood the procedure and suggested that the Council authorize the City Attorney to present the resolution authorizing the elect~on. Where- upon Mayor Dennis instructed the City Attorney to so proceed. The City Attorney presented, discussed and read the title of Resolution No. 2995, entitled: "A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARCADIA." Councilman Jacobi moved that the reading of the full body of Resolution No. 2995 be waived. Said motion seconded by Councilman Phillips and carried on roll call vote as follows: I AYES: Councilmen Camphouse, Jacobi; Phillips, Reibo1d and Dennis NOES: None ABSENT-, None Motion was further made by Councilman Jacobi that Resolution No.2995 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 14. 4-1-58 CHILD CARE CENTER METHODIST HOSPITAL n5 I LOT SPLIT No. 196 (Final Approval) -:,: j.~" ATHANASY DEVELOPMENT COMPANY 11q7 (Speed Limits Jacobi) .IDr. Charles Strub, Deceased) ADJOURNMENT U'n'", -,.''';'u,-; The City Manager announced that the Methodist Hospital has' requested permission to establish a child care center at the hospital for the children of employees of the hospital. Councilman Reibold commented that since this does not apply to the community as a whole but only to the hospital employees he did not think it was a Council matter, to which the City Attorney replied that it has been the City's policy in the past that the hospital secure permission for all uses that are not specifically permitted by the lease; that if it be the desire of the Council to grant this permis- sion, that it smotion be that permission is granted to the hospital to conduct this operation as defined, and to the extent that the same may be applicable that the provisions of section 18 of Ordinance No. 737 as amended by Ordinance No. 823 be waived. Councilman Reibold moved that the Council grant the Methodist Hospital of Southern California permission to establish a child care center at the said hospital for the children..of employees of the hospital and that the hospital conduct this operation as defined and to the extent that the same may be applicable, that the provisions of section 18 of Ordinance No. 737 as amended by Ordinance No. 823 be waived, and that the City Manager so inform the hospital in writing. Councilman Jacobi seconded the motion and it was carried unanimously. Recommendation of City Engineer that final approval be given Lot Split No. 196 - Emma K. Brammeier, 1216 S. First Avenue, as all required conditions have been complied with. Motion made by Councilman Camphouse that the recommendation of the City Engineer be accepted and that Lot Split No. 196 be given final approval. Said motion seconded by Councilman Jacobi and carried unanimously. The City Attorney reported that some time ago a suit was filed by the Athanasy Development Company vs. City of Arcadia; that the Councilmen have never been personally served but that he desired.. authorization for the City Attorney's office to appear for and represent all parties defendants without necessity of having the Councilmen personally served; that a request has been made by the plaintiffs that an answer be filed. Councilman Camphouse moved that Council authorize the City Attorney's office to represent the City in the matter of Athanasy Development Company vs. City of Arcadia and that an answer be filed on behalf of the City in said matter. Councilman Jacobi seconded the motion and it was carried unanimously. Councilman Jacobi commented that when the City put in Radar equipment that the speed limits were to be made more "realistic"and he queried as to when this would be done. The City Manager answered that "realistic" speed limits do not mean the same to everyone; that it is the individual's interpretation and that so far the matter was still in status quo. Mayor Dennis requested the City Attorney to prepare a document to be sent to the family of Dr. Charles Strub, expressing the sorrow of the people of Arcadia at the passing of a man who, while not a citizen of Arcadia, had contributed so much to Arcadia, and expressing the City's sympathy with and condolence to the family of Dr. Strub; and that he submit such document to the Council at its next Council meet- ing; Motion by Councilman Camphouse,_seconded-1:)y carried unanimously that the-meetin ,ad' /" -' -.-- " c: Jacobt and ~ ATTEST: ' ef~~f) l)pW>X~ City Clerk . 15. 4-1-58