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HomeMy WebLinkAboutJULY 1,1958 I I INVOCATION PLEDGE ROLL CALL MINUTES HEARING (Hardgrove) 'It/f)! 4299 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 1, 1958 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the City Hall at 8:00 P.M. July 1, 1958. The Invocation was offered by Rev. Joseph Stockett, Pastor of the Arcadia Church of The Nazarene. Mayor Phillips led in the pledge of allegiance to the flag. PRESENT : ABSENT: Councilmen Balser, Camphouse, Jacobi, Reibo1d, Phillips None Councilman Balser moved that the minutes of the regular meeting of June 17, 1958, as submitted in writing, be amended by correcting the motion of Councilman Balser on page 1 of said minutes regarding the matter of the Hearing on the application of the Los Angeles County Disposal Company for a permit to pick up commercial rubbish, to read as follows: "Councilman Balser moved that we hereby find and determine upon the evidence-in the files that the granting of the permit requested and the conduct of the business for which the permit is requested will be detrimental to the public health, safety and welfare ot the City of Arcadia arid the inhabitants thereof and their property therein, and that the requested permit for that reason be and the same is hereby denied," and as thus corrected that said minutes be approved. Councilman Reibold seconded the motion and it was carried unanimously. Councilman Balser then moved that the minutes be accepted as amended. Councilman Reibo1d seconded the motion and it was carried unanimously. Mayor Phillips declared the hearing open on the application of George H. Hardgrove, 259 Linda Rosa, Pasadena, for a permit to solicit door to door the sale of pest control services. The City Clerk advised that she had received no communications regarding said application. Mayor Phillips then inquired if anyone in the audience wished to be heard either in favor of or against the granting of the requested permit. No one desired to be heard. Councilman Reibold moved that the application for City of Arcadia Business License and the Arcadia Police Department Investigation Report be made part of the record in the office of the City Clerk. Councilman Balser seconded said motion and it was carried unanimous ly . Councilman Balser stated that in view of the record and the application he had studied, that he moved that the Council hereby find and determine, upon the evidence in the files, that the grant- ing of the permit requested and the conduct of the business for which the permit is requested, will be detrimental to the public health, safety and welfare of the City of Arcadia and the inhabitants thereof and their property therein, and that the requested application of George H. Hardgrove for a permit to solicit door to door the sale of pest control services for that reason be and the same is hereby denied. Councilman Reibold seconded the motion and it was carried unanimously. 1. 7-1-58 4aoo HEARING Mayor Phillips declared the hearing open on Planning Commission (Zone Resolution No. 297 recommending that a small parcel of City owned Classification)property located on the north side of Live Oak Avenue, adjacent to }<I () () the Santa Anita Wash, be classified and placed in Zone C-2. The City Clerk stated that she had received no communications relative to this matter. Mayor Phillips inquired if anyone in the audience desired to speak in favor of or in opposition to the zone classification. No one desiring to be heard Councilman Reibold moved that the hearing be closed; which motion was seconded by Councilman Jacobi and carried unanimously. Councilman Reibold then moved that the Council approve the Planning Commission recommendation contained in its Resolution No. 297. Councilman Balser seconded the motion which was carried unanimously. I ORDINANCE No. 1020 (Introduced) The City Attorney then presented, discussed and read the title of Ordinance No. 1020, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECLASSIFYING CERTAIN CITY OWNED PROPERTY ON LIVE OAK AVE." He added that the effect of the above ordinance will be to reclas- sify the city owned property pursuant to the recommendation of the Planning Commission. Councilman Reibold moved that the reading of the full body of Ordinance No. 1020 be waived. Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1020 be introduced. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None HEARING (Ambs) '1.;.\ (, Mayor Phillips declared the hearing open on Planning Commission Resolution No. 288, recommending denial of the application of Herbert W. Ambs, et aI, for zone change from Zone R-l to R-3 on Baldwin Avenue, Woodruff Avenue, Las !unas Drive and Workman Avenue. The City Clerk read from T. E. Brooks and F. Orville Brown letters protesting the requested zone change. Mayor Phillips stated that although the applicant had not appealed I the action of the Planning Commission, record should be made of the letter received from the applicant protesting said denial but not appealing same; and that in all zoning matters of this nature a public hearing is required under Ordinance No.760. Mr. L. M. Talley, Planning Secretary, displayed to the Council, maps of the property in question. Mayor Phillips then inquired if anyone in the audience desired to speak in favor of, or in opposition to the requested zone change. Mr. Gerard Wooters, 606 Woodruff Avenue, addressed the Council, stating that he thought the problems in this zone change are similar to those in the requested zone change of Ralph G. Stogsdill, which is next on the agenda, and inquired if both matters could not be combined and heard as one. Mayor Phillips was of the opinion that to keep them separate would simplify the situation. 2. 7-1-58 I I (Hearing - Ambs ~ Continued) 13tl. HEARING (Stogsdill ) 3' :r ~ . J 4301 The City Attorney advised that if a person has anything to say with respect to Planning Commission Resolution No. 288 (Ambs) that would be appiicable to Planning Commission Resolution No. 289 (Stogsdill) that he should so state and ask that his remarks be included in the record as to Resolution No. 289. Mr. Wooters continued that he would like his remarks recorded for the hearing under Planning Commission Resolution No. 289 as well as their Resolution No. 288; that if that resolution's recommendation is approved then he suggested that the recommendation contained in its Resolution No. 288 should be taken into consideration by the Council. Councilman Camphouse stated that since the applicant was not present to plead his cause and since he had not appealed said recommendation he did not think it necessary to combine the two matters and thereupon moved that the hearing be closed. Councilman Reibold seconded the motion and it was carried unanimously. Councilman Jacobi moved that the Council approve the recommendation of Planning Commission Resolution No. 288 and deny the application of Herbert W. Ambs, et al, for the requested reclassification from Zone R-l to R-3 on Baldwin Avenue, Woodruff Avenue, Las Tunas Drive and Workman Avenue. Said motion seconded by Councilman Camphouse and carried unanimously. Mayor Phillips declared the hearing open on Planning Commission Res. No. 2ij9 reoommending denial of the application of Ralph D. Stogsdill for zone change from Zone C-l and R-l to C-2 and PR-3 on Las Tunas Drive near Baldwin Avenue, which recommendation had been appealed by the applicant and which, in effect, is a restatement of his cause. The reasons for said denial are set out in said Resolution No. 2&9 in Sections 1 to 4 inclusive. Mayor Phillips inquired if anyone desired to speak in favor of the application. Mr. L. M. Talley, Planning Secretary, displayed to the Council, a map of the properties in question. Ralph D. Stogsdill, the appellant, addressed the Council, displaying maps and an architectural drawing of the area, and stating in part that at the present time he had no definite plan of development but that when such plan matured it would improve the appearance of the property. He mentioned the concern of the Planning Commission with adjacent county territory and commented that Las Tunas Drive in the Temple City area is zoned C-3 tapering down to C-2 west of Baldwin Avenue. Mr. Stogsdill asked for consideration on the part of the Council. Mayor Phillips then inquired if anyone desired to speak in oppo- sition to the application. The following persons spoke in opposition, stating in part as follows: Mr. Ernest Anthony, 510 West Las Tunas Drive, stated in part that he did not want any change in zon~ng and made reference to music and clutter emanating from the miniature golf course. Mr. Marcus Ha1wax, 524 West Las Tunas~Drive, stated in part that he favored the Planning Commiss~on recommendat~on; that he had noticed ten to twelve "for rent" signs on property on Las Tunas Drive from Rosemead to Baldw~n Avenue ~n Temple C~ty. Mr. Gerard Wooters, 606 Woodrutf Avenue, stated ~n part that he felt ~f the area ~n quest~on ~s to be developed ~n the future, that all property ~n surround~ng area should be cons~dered; and also made reterence to the m~n~ature golt course and no~se theretrom. 3. 7-l-5ij ;. e ""4302 " 7..~~ "1 " Mr. Richard ~. Oldtield, lij03 ~radtord, suggestea that Mr. Stogsdill might be premature in his planning; that he too had noticed many "for rent" signs on store buildings in Arcadia; that Arcadia is a city of homes. Mr. Oldfield asked permission to have a show of hands designating the number of protestants, but Mayor Phillips stated that only Council may do so and in turn the Mayor asked for and received a show of hands. There being no other person present desiring to be heard, Council- man Camphouse moved that the hearing be closed. Councilman Reibold seconded the motion and it was carried unanimously. A general discussion ensued, wherein Mayor Phillips stated in part that Council must decide this issue on the basis of good planning, useage of land and all factors that go into planning; that the I property is already zoned for business except for one lot. He further suggested that if Council were inclined to rezone the property that the rezoning encompass an architectural overlay. Councilman Balser stated in part that he was against the rezoning; that he had been opposed to the golf course and the restaurant on the basis that they infringed on the property rights of the residential area on Las Tunas Drive, Woodruff Avenue and Workman Avenue and that he personally did not think Arcadia was ready to move into Las Tunas Drive as a business area. Councilman Camphouse stated in part that he agreed with some of Councilman Balser's statements but that in regard to whether rezon- ing this property was premature, this same statement had been made with regard to other sections of the city and that about 75 per cent of the action Council takes involves the changing of property from one zone to another; that he felt C-l is misleading as people are not aware of its very limited use; that he felt Council would be justified in changing the zone to C-2 as it has enough restrictions for its use to protect the people who are vitally concerned about their property. Councilman Reibold stated in part that he did not 'see how in common equity or common justice a corner can be isolated simply because it lies on the southeast and say that it is different from the north- east or the northwest, etc.; that he is interested in seeing the west side of Baldwin Avenue a part of Arcadia so that a situation is not generated where one side of a street is different from the other side which, in his opinion, would be worse than just having one corner different than the opposite corner. The City Attorney stated, with regard to the architectural overlay on the C-2 zoning, that the Planning Commission or the Council may institute proceedings to place any property in any particular zone, including the "D" overlay zone; that the Council may, by making a motion that the property be reclassified to whatever zone it has in mind, upon condition that it likewise be placed in an architectural overlay zone with adequate restrictions imposed. I Councilman Camphouse then moved that the property be reclassified as requested from C-l and R-l to C-2 and PR-3 on Las Tunas Drive near Baldwin Avenue, subject to the fact that it have an architectural overlay with adequate restrictions imposed. Council- man Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Camphouse, Jacobi, Reibold, Phillips NOES: Councilman Balser ABSENT: None Councilman camphouse further moved that the City Clerk convey to the Planning Commission the expression of the Council with regard to its desire that the property in question be rezoned to C-2 and PR-3 with an architectural overlay with adequate restrictions imposed. Councilman Reibold seconded the motion and it was carried unanimously. 4. 7-1-58 "-., I I .~; ~}~.~03 BUDGET 1958-59 ~ 1:8 'I~ The matter of the further consideration and adoption of the 1958-59 Budget was continued from the June 17, 1958 meeting, at which time all members of the City Council would be present. The City Clerk read a letter from the Southern Arcadia Homeowners Association, signed by John Morse, Chairman, which stated in part that it was noted that the budget did not contain an appropriation for a trained professional arborist; mention was also made of tree removal and planting of new trees. Reference was made to .' beautification projects and a petition which had been submitted to 13 I~ the Council in 1957 recommending that a separate department of trees and parkways be formed and headed by a professional arborist. (Letter on file in the office of the City Clerk) The City Manager announced that in preparing the budget an error was made in failing to provide for an employee in the classified service the 2-1/2% raise that was accorded all other persons in said classified service, and recommended that this oversight be corrected by increasing the monthly compensation of the Planning Secretary from $717.00 to $735.00 per month. The City Manager further recommended that the salary of the Chief of Police be increased from $820.00 to $950.00 per month. He also remarked that past experience has shown that throughout the course of a fiscal year savings are effected in each departmental budget, and that such savings be used to offset these increases and that toward the end of the fiscal year, when the precise amounts have been determined, minor budgetary changes be made as required, rather than to amend the budget at this time. Councilman Balser moved that the budget for the fiscal year 1958-59 be adopted. Councilman Jacobi stated that he had received a letter from the Southern Arcadia Homeowners Association which he requested the City Clerk to read. The letter requested Council to postpone the appointment of a new Fire Chief to succeed Chief Nellis, resigned, and the appointment of a new Police Chief to succeed Chief Orr, who asked for return to Captaincy, until full consideration could be given the matter; that applications be taken, with selection to ~ be made by the City Manager with the approval of the Council. .I ~ ,;, (Letter on file in the office of the City Clerk) Councilman Camphouse then seconded the motion made by Councilman Balser anc it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None RESOLUTION No. 3030 (Budge t) .- 131.> The City Attorney then presented, discussed and read the title of Resolution No. 3030, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING OFFICIAL BUDGET FOR THE FISCAL YEAR 1958-59." Councilman Balser moved that the reading of the full body of Resolution No. 3030 be waived. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser further moved that Resolution No. 3030 be adopted. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 5. 7-1-58 ., .,,1 430/1. RESOLUTION No. 3031 INDE.IC:J RESOLUTION No. 3032 '11./05 ' Councilman Balser moved that the recommendations of the City Manager with respect to the correction of the salary for the Planning Secretary from $717.00 to $735.00 per month, and the salary for the Police Chief from $820.00 to $950.00 per month be approved. Councilman Camphouse seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Reibold, Phillips NOES: Councilman Jacobi ABSENT: None Whereupon the City Attorney presented, discussed and read the title of Resolution No. 3031, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, READOPTING THE OFFICIAL 5-STEP SALARY SCHEDULE FOR THE VARIOUS POSITIONS IN THE CITY EMPLOY, ESTABLISHING AND REAFFIRMING THE VARIOUS POSITIONS IN THE CITY EMPLOY, ASSIGNING NEW SCHEDULE NUMBERS TO SUCH POSITIONS, AND ALTERING AND ADJUSTING THE MINIMUM AND MAXIMUM COMPENSATION FOR ALL POSITIONS IN THE CITY EMPLOY, AND AMENDING ALL PRIOR RESOLUTIONS TO CONFORM HERElHTH." The City Attorney explained that this picks up all the various actions that have been taken with respect to the creation of positions and the fixing of compensation with respect thereto; re- affirms the three changes that were made effective June 1, 1958; that it excerpts from the budget the classification schedules, salary step plan, the various positions and the respective compensation set for those positions, all as set forth in the budget, but amended to include the two changes previously voted upon, namely, the salary of the Planning Secretary increased effective July 1, 1958 and the salary of the Chief of Police, increased effective July 16, 1958. Councilman Camphouse moved that the reading of the full body of Resolution No. 3031 be waived. Councilman Reibold stated that before seconding the above motion he would like to make the following statement: "Actually this covers that part of the budget which relates to salaries and, as you know, it includes in there a 2~% increase for all classified people as well as the library folks, who are not classified, and another part of the budget provides for a medical plan to be worked out with the Personnel Board. The fact that we are having a continually rising salary scale throughout industry and government becomes a disturbing factor in finance, whether private or govern- mental, but I think the way to handle that situation is to look for means of increasing the productivity of our people and I would like to publicly ask the Manager at this time to be continuously aware of ways, during this coming year, of increasing the productivity of our people, so that when next year comes around we will be able to handle the total budgetary situation with respect to our employees in a manner which will then be considered satisfactory." He then seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3031 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3032, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EMPLOYING RALPH B. HELM AS SPECIAL COUNSEL FOR WATER PROBLEMS AND SPECIFYING THE RATE AND TERMS OF COMPENSATION THEREFOR." 6. 7-1-58 I , I I I (Res. 3032 Continued) APPOINTMENTS TO VARIOUS cOMMISSrONS RECREATION (Wofford) INDEDll LIBRARY (Watson) IND"SDO PERSONNEL (Wells) :UIDEXEn PLANNING (Acker) ','~TT ;.....'11.;': .........._~u RECREATION (Norton) InDEnp LIBRARY (Snider) !IT:JZ;rZD PLANNING (Vachon) J.''f''-''''-;'--'r'\' .,-.....'........~ '. 4305 . -: ~ : The City Attorney explained briefly that this resolution provides for the employment of special. counsel in water matters at the rate of $25.00 per hour for time actually expended at the direction'of the City Manager upon the request of the Water Superintendent. That this is considered an improvement over the basic retainer type situation as has been the case in the past. Councilman Jacobi moved that the reading of the full body of Resolution No. 3032 be waived. Said motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi further moved that Resolution No. 3032 be adopted. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips announced that the next matter to be considered was the pending agenda, calling for the appointment of various commis- sion members. Motion was made by Councilman Camphouse, seconded by Councilman Reibold and carried unanimously that Mr. C. M. Wofford, 1812 South Baldwin Avenue, be appointed to succeed Mr. Glen A. Davis, who resigned May 16, 1958, as a member of the Arcadia Recreation Commission; said term to run from July 1, 1958 to June 30, 1961. Mr. Wofford has been a resident of Arcadia for approximately 15 years and is employed by the Clayton Manufacturing Company and is a graduate of Oklahoma A & M, University of Oklahoma. Motion was made by Councilman Balser that Mrs. J. W. Watson, 261 West Foothill Boulevard be appointed to succeed Mr. Dexter Jones, whose term expired June 30, 1958, as a member of the Arcadia Library Board, for a term of four years, expiring June 30, 1962. Council- man Camphouse seconded the motion and it was carried unanimously. Councilman Jacobi moved that John A. Wells, 1808 Seventh Place, whose term expired June 30, 1958, be reappointed to serve on the Arcadia Personnel Board for another term of four years, expiring June 30, 1962. Motion seconded by Councilman Reibold and carried unanimously. Motion made by Mayor Phillips that Harold A. Acker, 415 East Norman Avenue, whose term expired June 30, 1958, be reappointed to serve on the Arcadia Planning Commission for an additional four-year term, expiring June 30, 1962. Motion seconded by Councilman Balser and carried unanimously. Councilman Reibold moved that Mr. RalphlNorton, 20 East Camino Real I Avenue, be appointed to succeed Mr. Harry Russell, whose term expired June 30, 195ij, as a member of the Arcadia Recreation Commission, for a term of four years, e~iring June 30, 1962. Mr. Norton has been a resident of Arcadia for approximately four years. Said motion seconded by Councilman Camphouse and carried unanimously. Councilman Camphouse moved that Mrs. Helen Snider, 531 campesina 'Road, whose term expired June 30, 195ij, be reappointed to serve on the Arcadia Library Board for an additional four-year term, expiring June 30, 1962. Said motion seconded by Counc~lman Reibold and carried unanimously. Motion by Councilman Re~bold that Mr. Frank Vachon, 1145 Encanto Dr~ve, whose term exp~red June 30, 195ij, be reappo~nted to serve on the Arcad~a Plann~ng Comm~ss~on for an add~t~onal four-year term exp~r~ng June 30, 1961. Counc~lman Balser seconded the mot~on and .~t was carr~ed unan~mously. 7. 7-1-:l11 , 4300 PLANNING (Stout) lNDEXED ORDINANCE No. 1019 (Adopted) 1 :1 ,;" RESOLUTION No. 3028 lNDEXED RESOLUTION No. 3034 ) :j--l/L.;JJ to> ; , Counc~lman ~alser moved that Edward F. Stout, l130 Gilpin Way, 'be appo~nted to succeed Mr. Herbert Pratt, who res~gned May I, l~~ij, as a member of the Arcad~a Plann~ng tommiss~on tor the unexp~red cerm, end~ng June 30, l~~~. Thac Mr. Stout ~s a long-t~me res~dent ot Arcad~a and the Assistant Manager of the lnsurance and Claims Department of General Petroleum Corporation. Councilman Reibold seconded the motion and it was carried unanimously. The City Attorney presented for the second time, discussed and read the title of Ordinance No. 1019, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 343 OF SAID CITY. He added that this ordinance sets up the new schedule of water rates to become effective as to all water furnished and billed after August 1, 1958. I Councilman Reibold moved that the reading of the full body of Ordinance No. 1019 be waived. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Ordinance No. 1019 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Attorney presented, discussed and read the title of Resolution No. 3028, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, NOTIFYING THE COUNTY OF LOS ANGELES OF SAID CITY'S INTENTION TO AVAIL ITSELF OF RODENT CONTROL MEASURES." Councilman Jacobi moved that the reading of the full body of Resolution No. 3028 be waived. Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Balser moved that Resolution No. 3028 be adopted. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None I The City Attorney presented, discussed and read the title of Resolution No. 3034, entitled: "A RESOLUTION OF THE CITY COUNclL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BUDGET AND APPROVLNG MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2107.5 OF THE STREETS AND HIGHWAYS CODE." Councilman camphouse moved that the reading of the full body of Resolution No. 3034 be waived. Said motion seconded by Councilman Reibold and carried unanimously. AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3034 be adopted. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: 8. 7-1-58 '- .1 ,I (Resolution No. 3034 Continued) RECESS ZONE VARIANCE APPLICATION (P. C. Res. No. 290) 1 ~'I!J RESOLUTION No. 3037 '1 · 4307 ^ . ';""1, .1 AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips declared a recess. Planning Commission Resolution No. 290 recommending the granting of the application of Richard M. Canzoneri for a zone variance to allow the construction of a second dwelling on a lot at 535 West Lemon Avenue in Zone R-l for the reasons set out in Section 1 and 4, and under the conditions set out in Section 5 of said resolution. Councilman Jacobi moved that the Council approve the recommendation of the Planning Commission as oontained in its Resolution No. 290 and grant the application of Richard M. Canzoneri for a zone variance to allow the construction of a second dwelling on his lot at 535 West Lemon Avenue. Councilman Balser seconded the motion. Councilman Reibold stated that since first things usually get more attention, he would like to comment as follows: "Such questions as these are raised - Section 1 of said resolution - How much weight should be placed on the fact that no protests were received? Section 2 - Is the fact that the subject property was purchased in 1957 with the intention of constructing an additional dwelling thereon important? Some people purchased earlier with the same intention. Is it practical to determine the reason for purchasing property? The original intention can change. Is the important criteria the fact, as stated in Section 3, that property to the rear of the subject property has already been resubdivided?" Councilman Balser stated that he thought Councilman Reibold's points were well taken, but that in his opinion, each situation should be judged on its own merits. The motion having been seconded, it was then carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Reibold, Phillips OBSTAINED: Councilman Camphouse NOES: None ABSENT: None , r ;.. The City Attorney stated that inasmuch as there has been no opposition to this application before the Planning Commission, and inasmuch as the Planning Commission gave quite a bit of thought to the items that went into its Resolution No. 290, that he had prepared a resolution that would approve the variance as recommended by the Planning Commission, and thereupon proceeded to present, discuss and read the title of Resolution No. 3037, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE CONSTRUCTION OF AN ADDITIONAL DWELLING AT 535 WEST LEMON AVENUE." Councilman Jacobi moved that the reading of the full body of Resolution No. 3037 be waived. Said motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi moved that Resolution No. 3037 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Reibold, Phillips OBSTAINED: Councilman Camp house NOES: None ABSENT: None 9. 7-1-58 4308 ZONE VARIANCE Planning Commission Resolution No. 295, recommending the granting of APPLICATION application of George Elkins Company for a variance to permit the (P. C. Res.295)establishment and maintenance of a tract sales office for a period 1~'\~ of two years on property at 2251 Highland Vista Drive, located at the southwest corner of Highland Vista Drive and Canyon Road. Councilman Balser moved that the Council approve the recommendation of the Planning Commission in accordance with its Resolu~ion No. 295 granting the application of George Elkins Company for a variance to permit the establishment and maintenance of a tract sales office for a period of two years on property at 2251 Highland Vista Drive, at the southwest corner of Highland Vista Drive and Canyon Road. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: 1 AYES: Councilmen Balser, Jacobi, Reibold, Phillips NOES: Councilman Camphouse ABSENT: None ., . , .,..' , The City Attorney then presented, discussed and read the title of Resolution No. 3036, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT THE ESTABLISHMENT AND MAINTENANCE OF A TRACT SALES OFFICE AT THE INTERSECTION OF HIGHLAND VISTA DRIVE AND CANYON ROAD." RESOLUTION No. 3036 Councilman Jacobi moved that the reading of the full body of Resolution No. 3036 be waived. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Jacobi moved that Resolution No. 3036 be adopted. Motion seconded by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Reibold, Phillips NOES: Councilman camphouse ABSENT: None ZONE VARIANCE APPLICATION (P.C.Res. 296) '1 y,:, Planning Commission Resolution No. 296, recommending the denial of the application of LeRoy K. Johnson, for a zone variance to allow. the property at 518 West Longden Avenue to be used for furnishing room, board and nursing care to elderly women. Councilman Camphouse moved that the Council approve the recommen- dation of the Planning Commission in accordance with its Resolution No. 296 and deny the application of LeRoy K. Johnson for a zone variance to allow the property at 518 West Longden Avenue to be used for furnishing room, board and nursing care to elderly women. Said motion seconded by Councilman Reibold and carried unanimously. 1 RESOLUTION No. 3035 ..., ~-O -r u The City Attorney presented, discussed and read the title of Resolution No. 3035, entitled: "i.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A VARIANCE TO PERMIT PROPERTY AT 518 WEST LONGDEN AVENUE TO BE USED AS A REST HOME." Councilman Camphouse moved that Resolution No. 3035 be waived. Balser and carried on roll call the reading of the full body of Motion seconded by Councilman vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Camphouse further moved that Resolution No. 3035 be adopted. Motion seconded' by Councilman Balser and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 10. 7-1-58 1 1 LOT SPLIT No. 211 '1403 TRACT No. 21341. (Tentative) 7~U ~ , . 4309 Planning Commission recommendation for approval of Lot Split No. 211, Farley H. Archer, 1080 S. 10th Ave., subject to the following specified conditions: 1. File a final map with the City Engineer 2. Pay $25.00 recreation fee 3. Remove the existing buildings on the north porsion. Councilman Balser stated that in view of the fact that this lot split conforms with the general area, he moved that the Council accept the recommendation of the Planning Commission and approve Lot Split No. 211 - Farley H. Archer, 1080 S. 10th Ave., subject to the conditions specified above. Councilman Jacobi seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Jacobi, Reibold, Phillips NOES: Councilman Camphouse ABSENT: None Tract No. 2134l, located on Winnie Way, west of Santa Anita Avenue, containing 14 lots, was recommended for approval by the Planning Commission on May 27, 1958 and approved by the Council on June 3, 1958. Near the end of the June 3rd meeting considerable protest developed, and the approval was rescinded and the matter referred back to the Planning Commission. The Planning Commission has again recommended approval of tentative map of Tract No. 21341 subject to the following specified conditions (contained in their original approval) with the added condition that the north-south connecting street provide a 7 foot parkway along the east side, a concrete curb in the one foot strip on the west side and 27 feet of pavement, which will provide a parking lane and two traffic lanes: 1. Remove all buildings within the tract. Move the garage on the parcel at 48 West Camino Real, north of lot 2. Remove the garage at 64 West Camino Real, north of lot 13. Remove the breezeway between the two houses at 80 West Camino Real, north of lot 9. Remove the garage from the property at 85 West Norman Avenue, south of lot 8. 2. Deed the property north of the street, opposite lot 1, to the owner of the adjacent property. 3. Dedicate in fee to the City a 1 foot strip along the west side of "A" street from Norman Avenue to the north line of Winnie Way. 4. Install all street improvements required by the subdivision ordinance. 5. Pay all fees and deposits required by the subdivision ordinance. 6. Provide all necessary rear line easements for utilities. 7. The City shall accept for street purposes the portion of lots 6 and 15, Tract No. 16741, shown as future street, at the present end of Winnie Way. The City Clerk read two letters, one from J. W. and Jeanette Edmundson, and one from Mr. and Mrs. Ben Fisher, both letters protesting the street coming into Norman Avenue, preferring it to come out on Camino Real Avenue, and also stating that the flow of water would be unsatisfactory unless the opening is on Camino Real Avenue instead of Norman Avenue. The City Engineer explained in detail the general topography of the area and the water drainage flow, with which explanation Mr. Edmundson, who was in the audience, did not agree. Councilman Reibold explained that he had been present Planning Commission meeting and outlined briefly that objections of the residents most affected were that: at the the main 11. 7-1-58 43~O TRACT No. l4311 (Final) J~9~ 1. The proposed street was of substandard width. 2. Additonal traffic on Norman Avenue would be created. 3. Additional drainage problems would be created on Norman Avenue. 4. The T intersection would cause headlight annoyance to the residents on the south side of Norman Avenue. 5. Additional land for future widening would be taken from a lot in Zone R-O, causing the.moving of the present garage. He added that the'police and Fire Chief both recommend dead end streets being limited to approximately 500 feet in length; that Winnie Way is now 437 feet long; that the proposed subdivision would add about 637 feet; that possible future extension into _ Zone R-O would add still more; and that th~ Commission feels the extension is entirely too long without an additional access. 1 That the O'Neil property, at 105 West Norman Avenue, adjacent to the west side of the proposed street is covered by deed restrictions which run until 1970; that the restriction provides that no building site shall be less than 15,000 square feet, which precludes it from now becoming a part of the subdivision; that the restriction also provides that buildings shall be 20 feet from a side street; that if, in the future, the street is widened it would require the moving of the garage, but the house itself would be 2ij feet from the new street line. That this removes the requirement at this time of securing property from the O'Neils; and that he wanted to go on record that the City has no intention of condanning this property to make a full w~dth street. Mayor Ph~llips remarked that one of the major objections to this subdivision was the half street, which objection has now been removed. Counc~lman Reibold then moved that the Council accept the recommen- dat~on of the Plann~ng Comm~ss~on as contained ~n ~ts letter to the Counc~l of June l5, 195~ and that the tentat~ve map of Tract No. l134l be approved subject to the cond~t~ons outl~ned above, ~nclud~ng t~e additional condition as spec~f~ed above. Mayor Ph~ll~ps seconded the motion, wh~ch was passed unan~mously. Planning Commiss~on recommendat~on for approval of the t~nal map ot Tract No. l431l, located on Ninth Avenue, consist~ng of lb lots, subject to the tollow~ng cond~tions: 1. Install all streec improvements requ~red by the subd~v~s~on ordinance. 2. Pay all fees and deposits required by the subdivision ordinance, as follows: 67 street trees @ $5.00 4 street name signs @ $25.00 7 street lights @ $150.00 26 lots, recreation fee @ $25.00 $335.00 100.00 1050.00 650.00 $2135.00 1 3. Provide rear line easements for utilities. The City Attorney announced that in connection with this subdivision, a letter had been placed on his desk late that date, stating that the recreation fee was being paid under protest. The City Treasurer stated that the said letter was left in her office at the time the payment was made; that the original had then been given to the City Attorney with a copy to the City Engineer's office. A general discussion ensued and it was the that since the conditions of the tentative approval could not be given the final map. commented that the subdivider had taken no consensus of the Council map were not met that The City Attorney appeal from that 12. 7-1-58 1 1 USE PERMISSIBLE (Recreation Club) :; '11)'/ TRACTS 19707, 23143, .f'l ," 1Nb NO'S 24461, 23144 1 .3 /.I. 1.15"0 4311 condition when it was imposed some months ago, as is provided in the Subdivision Map Act. Mr. Egil Hopen, the engineer for the tract, who was present, addressed the Council, suggesting that the map be approved provided the protest is removed, and added that he had not known the recreation fee had been paid under protest; to which Mayor Phillips replied that the conditions of approval are not upon the Council but upon the applicant. Councilman Camphouse moved that the matter be tabled until the subdivider performs the conditions imposed at the time of the approval of the tentative map. Councilman Reibold seconded the motion and it was carried unanimously. Planning Commission Resolution No. 298 recommending classification of the business of a recreation club as a use permissible in Zone c-2. A public hearing being deemed advisable, Councilman Camphouse moved that the date for a public hearing thereon be set for August 5, 1958 at 8:00 P.M. and that the City Clerk give the required notice thereof. Said motion seconded by Councilman Balser and carried unanimously. Recommendation of the City Engineer and Water Superintendent that approval be given final maps of Tracts No's 19707 and 24461, Sandra and Lee Avenues; 23143 and 23144, Highland Development, as all conditions imposed have been met with the exception of the payment of $51.00 due on the bond on Tract No. 19707. Motion was made by Councilman Balser that final map approval be given Tract No. 19707 upon payment of the outstanding $51.00 due on the bond, and that final map approval be given Tracts No's 24461, 23143 and 23144; that the City Clerk be and she is hereby authorized and directed to endorse in due form such seal of the City of Arcadia thereon; and that the streets be accepted for maintenance by the City of Arcadia, and the bonds released. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None BID AWARDS The following bids were received for the improvement (Huntington of Huntington Drive from Golden West Avenue to Michillinda Drive from Boulevard, final unit of Project No. 38, Memorandum of Agreement Golden West for expenditure of Gas Tax funds: to Michi11inda) '1U1 Haddock Company T. E. Sherlock Warren Southwest Griffith Company Osborn Company W. R. Wilkinson A-l Contractors Harvey Construction Co. $31,028.35 35,875.74 36,577.30 37,304.59 37,337.55 40,943.21 42,929.40 46,626.02 Engineer's Estimate $39,114.39 Recommendation of the Director of Public Works that the contract for this work be awarded to J. E. Haddock, Ltd., as per their proposal. COuncilman Reibold moved that the City Council accept the low bid and that the contract for the construction on Huntington Drive from Golden West Avenue to Michillinda Boulevard be awarded to J. E. Haddock, Ltd. in the amount of $31,028.35, 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 all other 13. 7-1-58 " 4312 BID AWARDS (Traffic Signals Huntington Drive) 1?'/0 ACCEPTANCE OF HORK 7 !J (U. S. Pipe & Foundry Co.) 7 ,'j 7.3 bid deposits be returned. Said motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None' ABSENT: None The following bids were received for the installation of traffic signals and highway lighting on Huntington Drive, at Sunset Boulevard, Golden West Avenue, Baldwin Avenue and Holly Avenue; this project to be financed under project No. 45, of the Memorandum of Agreement for Expenditure of Gas Tax monies: Fischbach and Moore, Inc. Westates Electrical Construction Co. Electric and Machinery Services, Inc. Steiny and Mitchel, Inc. $92,800.00 92,977.00 109,059.00 114,983.00 1 Engineer's estimate 95,000.00 Councilman Reibold moved that the City Council accept the low bid and that the contract for the installation of traffic signals and highway lighting on Huntington Drive, ,at Sunset Boulevard, Golden West Avenue, Baldwin Avenue and Holly Avenue, be awarded to Fischbach and Moore, Inc. in the amount of $92,800.00, 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 all other bid deposits be returned. Said motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the City Manager and Director of Public Works that the City Council accept the work under contract with Jay Rivkin, designer of the tile murals for the City Hall and Police Facilities Buildings, and the work under contract with the Fleishman Tile Company, contractor for the installation of said tile murals on the City Hall and Police Facilities buildings. Councilman Jacobi moved that the City Council approve the recom- mendation of the City Manager and Director of Public Horks and that the work of Jay Rivkin, designer of the tile murals, and the work of Fleishman Tile Company, contractor for the installation of said tile murals on the City Hall and Police Facilities buildings be accepted, and the bonds released after the expiration of the required thirty-five days. Councilman Reibold seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 1 Recommendation of the City Manager and Water Superintendent that the Council accept the 3816 feet of 12-inch diameter cast iron pipe delivered to the City by the United States Pipe and Foundry Company. Motion made by Councilman Jacobi, seconded by Councilman Reibold and carried on roll call vote as follows, that the Council accept the recommendation of the City Manager and Water Superintendent and authorize payment in full of the contract amount of $19, 084.58 to the United States Pipe and Foundry Company for the delivery to the City of 3816 feet of 12-inch diameter cast iron pipe; and release the faithful performance bond after the expiration of the required 35 days, AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 14. 7-1-58 1 1 (Mutual Pipeline) "1310 WILDERNESS AREA 1/1} PERSONNEL CHANGES (Chief of Police and Fire Chief) INDEXED II : 0"1..J SEIMER PROPERTY :; .N /.J 4313 , Recommendation of the City Manager and Water Superintendent that the Council accept the work under contract with Mutual Pipeline Company, providing for the installation of 1150 feet of l2-inch cast iron water main in Fairview Avenue between Holly and LaCadena Avenues. Councilman Jacobi moved that the Council accept the recommendation of the City Manager and Water Superintendent, approve the work under contract with the Mutual Pipeline Company for the installation of 1150 feet of 12-inch cast iron water main in Fairview Avenue between Holly and LaCadena Avenues, authorize payment to the contractor'of 90% of the amount due him, or $2,993.40, and, at the expiration of the 35 day time limit prescribed, payment of the 10% balance, or $332.60, and thereafter release of the faithful performance and labor and material bonds. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Recommendation of the City Manager and the Director of Recreation that the request of American Asphalt Paving Company for an extension until July 19, 1958 to complete construction in the Wilderness Area be granted. Councilman Camphouse moved that the Council accept the recommen- dation of the City Manager and Director of Recreation and grant the extension of time to July 19, 1958 requested by the American Asphalt Paving Company. Motion seconded by Councilman Reibold and carried unanimously. The City Manager reported that on June 23, 1958 Fire Chief James M. Nellis submitted his resignation as Chief of the Fire Department, and that to ,replace Chief Nellis he appointed Laurence J. Way, Assistant Fire Chief, to the position of Acting Fire Chief, effective July 1, 1958, to fill the vacancy. The City Manager also reported that on June 23, 1958 William S. Orr, Chief of Police, submitted a request to be returned to his permanent status as Police Captain; that he had appointed to the position of Chief of Police of Arcadia Robert S. Seares, 3855 Mayfair Drive, Pasadena, at present the Chief of Police of San Marino; that the effective appointment date will be July 16, 1958. (Record of personal data on file in office of the City Clerk). Mayor Phillips thanked the City Manager for reporting his actions and then commented that his ability to obtain the services of Mr. Seares as Chief of Police of Arcadia was a stroke of genius because, as he stated: "This man is considered one of the top police officers of the country. I think this is good for Arcadia." He continued: "I am presuming that your appointment of Laurence J. Way, Assistant Fire Chief, to Acting Fire Chief, is in the search of a fire chief and that Mr. Way will be given full consideration during the search." To which the City Manager replied: "Every attempt will be made to get the best man available no matter where he might be, and it might be Mr. Way." Mayor Phillips then ordered the reports filed. The City Clerk read a letter from Walter F. Walters, attorney for Mr. and Mrs. Wm. H. Seimer, requesting a new hearing on their application for a permit to erect two new dwellings at 1208 South 6th Avenue. The City Attorney summarized the developments in this matter: That on August 8, 1957 plans were filed by the applicants, who were advised it would be necessary to file for a modification. At that time Ordinance No. 926 was in effect, which did permit a second dwelling but required approval of the Modification Committee. 15. 7-1-58 4314 (Seimer - Continued) 1nJ On August 21, 1957 application for modification was filed. Ordinance No. 990 was adopted on August 20, 1957, the day before, and became effective 30 days thereafter. Under that ordinance no modification request could even be filed. The Modification Committee approved the application on September 11, 1957. An appeal was made and went to the Planning Commission under our Ordinance. The Planning Commission first continued the hearing and on October 22, 1957 approved the modification. On November 19, 1957 the City Council reversed the Planning Commission and denied the request for modification. The City Attorney further stated in part that the applicants apparently have been under the misapprehension that from the outset they had the unqualified right, prior to the adoption of Ordinance 1 No. 990, to build a second dwelling at whatever location they chose, which was not the case; that the Council did grant permission for a second dwelling, but instead of being placed side by side, as requested by the applicants, required that one be placed at the normal front building line and one in back of that, with the normal front and rear yard requirements complied with, realizing that in the future, when the rear portion of the property is subdiv~ded, there could still be a th~rd dwelling. Councilman Camphouse commented that the decision of the Council was irrespect~ve of Ord~nance No. 990; that ~n h~s op~nion Council would not have approved the plac~ng of the houses s~de by s~de even ~f that Ord~nance had not been 1n eftect; that he d~d not see any act~on necessary by the Counc~l. Mr. Walters, attorney tor the appl~cants, stated that ~t was the~r des~re to have a new hear~ng; to have an opportunity to present tacts and reterred to appl~cat~ons tor mOd~t~cat~on wh~ch were approved at the t~me the Se~mer matter was betore the Council. Counc~lman Re~bold asked ~t there Was any new ev~dence not presented prev~ously. Mr. Walters reterred to a s~tuat~on on the same street hav~ng been approved two or three years ago. Counc~!man Re~bold then stated that if there was new evidence, the matter should be referred back to the Planning Commission, with Mayor Phillips concurring except that in this case the Planning Commis- sion had already approved the request. To Councilman Reibold's query as to recourse by the applicants if Council denies the request for another hearing, the City Attorney stated in part that any new application would have to be for a variance under Ordinance No. 990, which now prohibits the additional dwelling on a lot; whereas at the time of the initial application additional dwellings could be allowed with only the approval of the Modification Committee, providing there were no objections; that in this matter there were objections; that a con- cession had actually been made by the Council when permission was granted to construct the additional dwelling provided one was in 1 back of the other rather than side by side, which was a concession to the legal principles involved which basically provide that where an ordinance has gone into effect and the person has not yet availed himself of his remedies under the prior ordinance, his rights under the old ordinance thereafter cease, unless under the prior ordinance they had already acted to their financial detriment in reliance upon the prior regulation; that it was on the theory that they might have incurred some financial obligation that the Council gave them the permission to build the second dwelling. The City Attorney was of the opinion that Council might be getting into a tight spot to further reconsider at this late date an application which was made almost concurrently with the adoption of the new ordinance. Mayor Phillips suggested that if they again perhaps a rehearing would be in objection. are going into the matter order; that he had no 16. 7-1-58 1 1 (Seimer Continued) 127t.f 4a1.5 Councilman Reibold asked the City Attorney that if Council heard the matter now were they heating it under a completely different legal ordinance structure than the first time. The City Attorney stated that such was not the case if Council were to grant a rehearing on the modification application. Mrs. Wm. H. Seimer addressed the council, referring to the amount of land available on which to build three houses; that she and her husband were being deprived of a business in 1961; that they could not build the third house unless the chickens were disposed of but would like assurance that they could build the third house; that there is an existing garage house without a bathtub at the present time; that they would like to know that they could build a house behind this existing garage house. The City Attorney stated that the Planning Commission could not grant the request should the matter go before that agency as a new modification application again; that a variance under Ordinance No. 990 would be required. Councilman Reibold expressed concern that should she start that procedure now, would she then lose what she now has, which is better than nothing. The City Attorney stated that that might be the case because even modification approvals lapse after a period of six months. Mayor Phillips moved that Council grant the rehearing requested. Councilman Jacobi seconded the motion. The City Attorney then pointed out that under the Modification Section of the Zoning Ordinance, if any use authorized by any variance, exception or modification, is or has been unused, abandoned or discontinued for a period of six months, then said variance, exception or modification becomes null and void and of no effect unless extension thereof is granted by the Planning Commis- sion upon written request of an interested person filed prior to the expiration of six months. That the six months ended June 3, 1958. Councilman Reibold stated that an entirely new action appears necessary and that he agreed with Councilman Camphouse that Council should not now be considering the matter. Mayor Phillips then withdrew his motion on the basis that the modification has expired by 30 days, and recommended that this start as a new action. Councilman Jacobi withdrew his second. Mayor Phillips advised Mrs. Seimer that the proper procedure at this time would be to reapply to the Planning Commission for a variance under Ordinance No. 990. Mrs. Seimer asked: "Then we can't even build the one house?" Mayor Phillips stated that permission expired on June 3, 1958 and that Mrs. Seimer have her attorney discuss the matter with the City Attorney as to the proper and correct procedure. COMMUNICATION The City Clerk read a letter received from James S. Osborn, Jr., (OsborniNDE~21 Vaquero Road, registering protest of the position of police t9 '. 00 o..v chief going to a non-resident of Arcadia. Mayor Phillips commented that the letter is untimely since the City has already appointed a police chief and ordered the letter filed, and suggested that the ctty Manager take whatever action he cared to take in the matter. REFUNDS (L. A. County Disposal) 1: q Request to refund the unused portion of the investigation fee in connection with the application of the Los Angeles County Disposal Co. in the amount of $19.37; said fee having been deposited when making application to pick up commercial rubbish in Arcadia, which application was denied. Councilman Reibold moved that the Mayor and City Clerk be authorized to refund $l9.37 to the Los Angeles County Disposal Co., 4026 North Rosemead Blvd., Rosemead, being the unused portion of the invest- igation fee deposited when making application to pick up commercial 17. 7-1-58 4316 REFUNDS (Continued) (Sutro) INDEXI:D 1 ;,t.,'.I11' PERMIT RENEWALS FURNITURE & EQUIPMENT INDEXED f:Jrr rubbish in Arcadia. Councilman Balser seconded the motion and it was carried on roll call vote as follows: AYES: Councilmen Balser, camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Manager reported that on June 16, 1958 'Mr. Paul Sutro, a general contractor, applied for and received a business license for which he paid a fee of $29.17 and a building permit for which he paid a fee of $37.00; that he has now advised that his plans have changed; that he will not construct the building nor do business in Arcadia and requests a refund of the fees. He advised that the Business License Ordinance No. 737 provides for 1 a refund of 75% of any fee in excess of $12.00 in the interest of justice or to prevent a hardship at the sole discretion of the Council; that there is no provision for refund of building permit fees; but that the building permit fee is to cover inspections which, in this case, will not be made. Councilman Camphouse moved that the Mayor and City Clerk be author- ized to refund 75% of the business license fee in excess of $12.00, or $12.88, and the entire building permit fee in the amount of $37.00, to Mr.Paul Sutro, in accordance with his request. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None The City Clerk announced that the following applications for renewal of business licenses from July 1, 1958 to July 1, 1959 had been received: 1'75 1-/'1'1 1'lc'f Arcadia Monrovia Valley Cab Co" Inc., 112 No. 1st Ave., Arcadia Harry Erickson, 1633 Baxter Street, Los Angeles 1 auto for hire James F. Greer, dba Red & White Cab Co., 3410 N. Brighton St. South San Gabriel Fred Murset, 35-49 Locke Ave., Los Angeles, 32, California 1 auto for hire '1;;'7 Councilman Camphouse moved that the City Council approve the applications as listed above and the provisions of Section l8 of Ordinance No. 737 applicable to previously licensed businesses be waived. Councilman Balser seconded the motion and it was carried unanimously. The City Manager reported that pursuant to Council's instructions the staff surveyed the needs for furnishing the City Clerk's office in its entirety and acquiring a Multilith machine. That the total cost of refurnishing the City Clerk's office in its entirety is $3,018.00 and the total cost of the Multilith machine and accessories is $3,340,00. 1 Councilman Balser moved that the Council approve the expenditure of $3,018.00 for the refurnishing of the City Clerk's office in its entirety, and $3,340.00 for the purchase of a Multilith machine and accessories, and that said items be charged to the furniture and equipment account in the Civic Center Improvement category. Motion seconded by Councilman Camphouse and carried on roll call vote as follows: AYES: Councilman Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None 18. 7-1-58 ;1 1 COUNTY BOUNDARY COMMISSION 4~17 , ,~ 0 . . Notice from the County Boundary Commission that the City of Industry has filed an annexation proposal for the annexation of certain territory known as Annexation No. 30. The area proposed to be annexed is a 10 lot annexation area lying on the south side of Garvey Avenue at Durfee Avenue, approximately 4 miles south of Live Oak Avenue. The area proposed to be annexed has no effect upon the City of Arcadia; therefore Mayor Phillips ordered the notice filed. AUDIENCE PARTICIPATION (Stogsdill) 13J5 (Johnson) NS1 Mr. Ralph D. Stogsdill addressed the Council, thanking them for approving his application for a zone change, and requesting clarification of the architectural overlay addition they had imposed on their approval. He was informed that an architectural overlay was imposed in order to give the Council added control over the contemplated development as to color, set-backs, etc. The City Attorney added that the zone change action was not final until the recommendation from the Planning Commission as 'to architectural restrictions is received; that Council has indicated they will rezone the property as requested concurrently with placing it in an architectural overlay zone and that recommendation for such will not come from the Planning Commission for approximately three to five weeks, at which time the Ordinance effecting the zone change will be prepared. Mrs. Crapo Johnson, speaking for the Southern Arcadia Homeowner's Association, addressed Council, expressing appreciation to Council- man Jacobi for having submitted a letter from the Association earlier in the meeting, and propounded questions as follows: Mrs. Johnson queried in part that the Association would like to know if the Councilor the Personnel Board was in any way consulted with reference to the request for resignation of the Fire Chief and the request for return to a Police Captain's classification by the Police Chief; that they were in no way arguing with the City Manager's rights under the City's Charter to appoint and to requeoc resignations. Mayor Phillips stated that on matters of personnel he did not intend, if it could be avoided, to enter into an open public hearing, and that the Council was aware of the resignation letters when they were received. Mrs. Johnson then asked if it was not customary, when persons were to be hired for responsible positions for personnel boards to submit names from which the City Manager may make his selection; and asked, with particular reference to the hiring of Mr. Seares as Police Chief, whether any other names were screened. The City Attorney, upon being asked by Councilman Reibold, stated the different cities act in different ways when selecting personnel. That for example, in the city of El Monte, department heads are under the classified service so the Personnel Board submits lists. That in Arcadia, the department heads are not in the classified service, therefore, the Personnel Board does not enter the picture. Mrs. Johnson then asked the City Manager if anyone else was considered for the position of Police Chief, to which Mr. Anderson replied that the Mayor was conducting the meeting. Mayor Phillips stated that the Council had appointed a new Police Chief by way of the City Manager and to discuss modus operandi, conditions, etc. surrounding the appointment, was not in good taste or in keeping good faith with the new appointee. Mrs. Johnson stated that in all probability the new appointee may be the best person for the job, but that she was only attempting to get answers to questions being asked. Mrs. Johnson further asked if the position of Fire Chief and that of Police Chief are not comparable; that if examinations were to be held 19. 7-1-58 431.B for the position of Fire Chief, could that not also apply to the position of Police Chief. Mayor Phillips stated that in a way the Fire Chief ties in very closely with a fire rating and that there are certain provisions in the law governing this appointment. Mrs. Johnson stated that questions are being asked and answers are being wanted, and that the people look to the Council for them. MATtERS FROM THE CITY OFFICIALS RESOLUTION No. 3033 (ReJ< Williams) 1'3L07 LEAGUE OF CALIFORNIA CITIES LIONS CLUB INDEXED If : p.J.. ?cL McKItTRICK CONSTRUCTION 1/</(, The City Attorney presented, discussed and read the title of Resolution No. 3033, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO THE RELOCATION OF THE CITY BOUNDARY LINES BETWEEN THE CITY OF ARCADIA AND THE CITY OF MONROVIA AS REQUESTED BY THE C1TY OF MONROVIA IN ACCORDANCE WItH SECTIONS 50190-50l99 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 1 Councilman Reibold moved that the reading of the full body of Resolution No. 3033 be waived. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Councilman Reibold further moved that Resolution No. 3033 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Reibold, Phillips NOES: None ABSENT: None Mayor Phillips brought up the matter of the request of the League of California Cities for the appointment to the Metropolitan Government Study Commission by the City of Arcadia of an official representative, an official alternate, a citizen representative and a citizen alternate. Mayor Phillips ordered this matter placed on the pending agenda for further stu~y by the Council. Request of the Lions Club of Arcadia to use five acre parcel of city-owned land at Duarte Road and Santa Anita Avenue for parking facilities on the evening of August 7, 1958 for the presentation by said club of the Washington Redskins in an inters quad football game at the Arcadia High School athletic f~eld. That said club will sponsor this attract~on w~th the proceeds to be used for a s~ght conservation and to start a permanent bleacher bu~ld~ng fund for the Arcad~a H~gh School Student Body. That the club w~ll provide a hold harmless ~nsurance pol~cy ~ndemn~fy~ng the C~ty and ~ts oft~c~als, sat~stactory ~n content and amounts to the City Attorney; and that the temporary use of th~s property under park~ng attendant control w~ll rel~eve what otherw~se COUld be an extremely bad tratt~c and park~ng problem, as a crowd of approximately 10,000 people are expected. 1 Councilman Camphouse moved that the Council grant the request of the Lions Club of Arcadia and permit them to use approximately five acres of city-owned land at Duarte Road and Santa Anita Avenue for parking facilities on the evening of August 7, 1958 for the presentation 'by said club of the Washington Redskins in an inter- squad football game at the Arcadia High School athletic field. Said motion seconded by Councilman Reibold and carried unanimously. Recommendation of the Director of Public Works and the Water Superintendent that the request of McKittrick Construction Company for an extension of ten days for the completion of the roof on the Orange Grove reservoir be granted. That this work was to be completed by July 1, 1958 but that the contractor has experienced some unavoidable delays in the construction of this roof. 20. 7-1-58 1 ~ 1 AGREEMENT (Principato) C 67'> PLANNING COMMISSION PROCEDURAL COMHITTEE iV' f PROPOSED WIDENING OF BALDWIN AVE. nm-r.;XED ADJOURNMENT 4~~" n ....... .. ~ .,~ Councilman Balser moved that the Council approve the recommendation of the Director of Public Works and the Water Superintendent and grant the request of McKittrick Construction Company for an extension of ten days for the completion of the 'roof on the Orange Grove reservoir and that no liquidated damages be withheld from the contractor's payments. Said motion seconded by Councilman Jacobi and carried unanimously. Recommendation of the Director of Public Works 'that the Council authorize the execution of an agreement regarding the dedication to the City by Michelle and Lena M. Principato for street purposes of that certain property described as the northerly 10 feet of Lots 1 and 2, Tract No. 10532, per map recorded in Book 177, pages 21 and 22 of Maps in the office of the Los Angeles County Recorder, subject to the covenants and conditions contained therein. Councilman Camphouse moved that the Council authorize the Mayor and City Clerk to execute an agreement between the City and Michelle and Lena M. Principato covering the dedication to the City by said Mr. and Mrs. Principato of property described in said agreement, and that said agreement be in form approved by the City Attorney. Councilman Jacobi seconded the motion and it was carried unanimously. Councilman Reibold commented that situations arise where a person who wants something appears at a hearing and a person who doesn't want it appears and then at a later date the staff makes a report introducing something entirely new, like a street. He suggested that persons should be heard on the staff report too and it might be well that a group be set aside to study some of the procedural matters with respect to the Planning Commission which would be beneficial. Mayor Phillips agreed with Councilman Reibold's suggestion and appointed a committee consisting of Councilman Reibold, the Chairman of the Planning Commission, the City Engineer and the City Attorney, to work out procedures and to report back to the Planning Commission and the Council. The Assistant City Attorney reported that several months ago the City Council instructed the City Engineer and the City Attorney to continue negotiations with certain property owners on Baldwin Ave. to acquire dedications from them so that the proposed widening of Baldwin Avenue and the opening of the alley behind their property could be completed as soon as possible. Mr. Cook stated that the attorney's office had secured one of the deeds and that the City Engineer could secure the property of Mr. Melvin H. and Henry W. Willey subject to certain conditions. The attorney for Mr. Willey requested the City Council to make it a matter of record in the minutes that in consideration for the deed the City would: 1. Pay all construction costs for widening Baldwin Ave. 2. Pay all notary, filing and recording fees. 3. Restrict parking on the dedicated Baldwin Avenue frontage. 4. Permit Mr. Willey to erect a fence and sign along his property line providing this is done in conformance with the City Building and Sign Ordinances. Councilman Jacobi moved that the Council declare its willingness to accept the street and alley dedication upon the conditions outlined by the Assistant City Attorney. Councilman Reibold seconded the motion and it was carried unanimously. Councilman Jacobi moved that the meeting adjourn. Motion seconded by Councilman Reibold and carried.w~~~i.~L ([!)^^ ,I. . /I Mayor ~ ~~ ,AJ3'EST: &~ City Clerk 21. 7-1-58