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
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(Hearing -
Ambs ~
Continued)
13tl.
HEARING
(Stogsdill )
3' :r
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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.
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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
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.~; ~}~.~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
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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
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(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
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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
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(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