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HomeMy WebLinkAboutJANUARY 2,1968 18:7157 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 2, 1968 Imvoc~noo PLEDGE OF ALLEGIANCE The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on January 2, 1968 at 8 p.m. i The Rev. J, Davis Barnard, Arcadia Presbyterian Church Mayor Robert J. Considine ROLL CALL PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None MINUTE APPROVAL (12-19- 67) MOTION by Councilman Hage, seconded by Councilman Forman and carried unanimously that the Minutes of the regular meeting of December 19, 1967 be and they are hereby APPROVED. PLAQUE PRESENTATION State Senator H. L, Richardson was present to receive special recognition for outstanding achievement, PROPOSED The City Council considered in detail a proposed ordinance pertaining RUBBISH to the amendment, repeal and addition of certain sections of the COLLECTION Arcadia Municipal Code as they pertain to rubbish collection regu- REGULATIONS lations and requirements. Incorporated therein were provisions for , . S t '~d'"~.t2t. ,', sollection, rates, insurance, equipment, ideptification, parking and ,,/'- '. .'standing restrictions, hours of operation, ownership, application 1~~)/~~~ provisions, suspension of a permit. Additional suggestions were . t? ,,-' . ,,~:-::::-;. .submitted in report form. ' t:.,.( -' ~ ' ,. --..,) . I Following extensive discussion on each of the provLsLons, it was the consensus of the City Council that staff be instructed to redraft the ordinance and that additional recommendations be made part and parcel of same, to wit: each vehicle to carry State brake safety inspection certification, each vehicle to be maintained in a safe and sanitary condition, manufacturer's gross weight to be indicated in print on the vehicle, five year age limit on trucks, no truck to be unattended on public street, that if any damage results to person or property as a result of lifting the truck body for compaction or other'cause it shall be considered prima facie evidence of negli- gence, and that the City Council if it so desires shall have the right to audit the books of any permittee at any time and from time to time, The ordinance will be redrafted and presented to Council for consideration at the next regular meeting, January 16, 1968. 1. 1-2-68 HEARING (Business Permit) SOCIAL CLUB F. JI'i1 CONTINUED to January 16, 1968 HEARING (zone text change) (JI ? _ / V . , J {V4~o7~ , ' ".,4" ORDINANCE NO. 1372 INTRODUCED ./ 18:7158 Application of William E. Cook for a business permit to change the present license at 101 S. First Avenue from restaurant and cocktail lounge to that of a social club for members and guests only. Following explanation of the request Mayor Considine declared the hearing open and Wayne Butterfield, attorney for the applicant, addressed Council stating in substance that it is believed the business will be more successful if operated as a private club re- stricted to members and guests; that it is proposed to place an annual fee for membership at $120; that in addition to the present facilities for dining there would be dancing for members; the banquet room would still be available on a lease basis and the upper level office space would continue, He advised that an existing sign would be removed and in response to questions he stated there would not be any card playing nor would there be any exercise equipment. I No one else desiring to be heard it was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the hearing be CLOSED. Discussion ensued on activities of similar clubs and reference was made to requests for such use in the past, The City Council desiring guidelines to follow it was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the matter be referred to staff for report back to Council on January 16 (the next regular meeting). Planning Commission recommendation as set forth in its Resolution No. 624 concerning proposed amendment of zoning regulations pertaining to restaurants. A new definition "Eating Establishment" would be added and become an addition to "Drive-In Businesses", "Restaurant" would be clearly defined and specific zoning would be indicated for such uses. Mayor Considine declared the hearing open and no one heard the hearing was CLOSED on MOTION by Councilman seconded by Councilman Hage and carried unanimously. by Councilman Hage, seconded by Councilman Forman and unanimously that the recommendation of the Commission and that the appropriate ordinance be introduced. desiring to be Butterworth, It was MOVED carried be APPROVED Whereupon the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1372, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9262.1.31, 9263.1.32 AND 9266.1.5 THEREOF, BY ADDING THERETO NEW SECTIONS 9220.23.1, 9220.51.1, 9275.1.45.1 AND 9275.1.53.4 AND BY AMENDING SECTION 9275.1.45 THEREOF." MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1372 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Arth further MOVED that Ordinance No. 1372 be introduced. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None 2. 1-2-68 ORDINANCE NO. 1373 INTRODUCED / I COMMUNICAT ION (Jepson) ~~jf EQUIPMENT PURCHASE (police cars) P ..{.' /J..>.. \. t' ..&If. p~",~ I EQUIPMENT PURCHASE (tire~ and service) r' .p r; ,1" , 17; ~ /;:) ~ ,.;J1'1. 18 :7159 On December 5, 1967 an emergency ordinance (No. 1369) was adopted prohibiting the erection, alteration, moving in or commencement of ~ccupancy of buildings for restaurants for a period of ninety (90) days. This was declared to be necessary at that time inasmuch as provisions of the zoning ordinance in the area of restaurants and drive-in food establishments were being invaded through techni- calities not apparent to the City Council. The City Council having introduced the a~ov~ definitive ordin?nce and,be~ng desirous of lifting the moratorium concurrently with the effective date of said ordinance, the City Attorney presented and read in full Ordinance No. 1373 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING ORDINANCE NO. 1369." MOTION by Councilman Arth, seconded by Councilman Rage and carried on roll call vote as follows that Ordinance No, 1373 be introduced: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Note: Both ordinances will be on agenda for January 16, 1968, becoming effective 30 days thereafter. Mayor Considine read into the record the communication from Rarold B, Jepson, concerning his drive-in property on Duarte Road and asked staff to respond to Mr, Jepson advising him to submit subject plans to the Planning Commission. On recommendation of the City Manager and the Purchasing Officer it was MOVED by Councilman Butterworth, seconded by Councilman Rage and carried on roll call vote as follows that the low bid submitted by MacKaig and Sons in the total amount of $4423.01 be ACCEPTED and that the city purchase two police staff cars therefrom. The amount specified reflects trade-in allowance for two staff cars; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the agreement in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None On recommendation of the City Manager and the Purchasing Officer it was MOVED by Councilman Forman, seconded by Councilman Rage and carried on roll call vote as follows that the proposal of B, F. Goodrich Tire Company be ACCEPTED and that the city purchase new tires, recaps and tire service for the next twelve months from said company on the. basis of the bid set forth in the report dated December 28, 1967; that all other bids be rejected, that any informalities or ~rregularities in the bids or bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the agreement in form approved by the City Attorney, AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None 3, 1-2-68 COMPLETED WORK ACCEPTED p.lo >/ ADVERTISE FOR BIDS (water well)) . ~o '14ut.. t /1';; COMMENDATION ACKNOWLEDGED j, COMMENDATION ACKNOWLEDGED AMERICAN LEGION PROCLAMATION ,"I, . ORDINANCE NO. 1370 ADOPTED ./ ~ , 18:7160 Upon the advice of the Director of Public Works that the contractor Paul Gardner Corporation, has satisfactorily completed the improvement of Naomi and Baldwin Avenues and the installation of traffic signals, it was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that said work be ACCEPTED and final payment be authorized in accordance with the terms of the cop.tract. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None I ",. On MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously the City Clerk was authorized to. advertise for bids for the drilling, casing~ developing and testing of a water well in conformance to specifications, Bids to be received January 26, 1968 at 11 a.m. On behalf of the City Council, Mayor Considine acknowledged receipt of the communication from the Union Oil Company in which the City was complimented for its outstanding cooperation in the reconstruction of the oil station located at Huntington Drive and Baldwin Avenues. Letter ordered FILED. I On behalf of the City Council; Mayor Considine acknowledged receipt of a communication from Walter R. Hoefflin, Jr., Executive Vice President and Administrator of the Methodist Hospital for the new left-turn-in lane at the emergency entrance to the hospital; that it is a dramatic safety measure and serious injuries may now be prevented. Letter ordered FILED. The request of the Arcadia Post No. 247 for the issuance of a proclamation (signed by Mayor Considine on behalf of the City Council) was GRANTED on MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously. Said proclamation to designate the month of January as "Support our Servicemen" month. The organization will ask residents to join in a project of sending cigarettes to the front line troops in Viet Nam. The City Attorney presented for the second time, explained the content and read the title of Ordinance No, 1370, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9293,7 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1370 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Forman further MOVED that Ordinance No. 1370 be adopted, Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None None 4, 1-2-68 I I ., RESOLUTION NO. 3974 ADOPTED F-75" I PROCEDURAL ORDINANCE WAIVED .,' GENERAL PLAN CONSULTANT r~ /1 gO APPRECIATION EXPRESSED . ---- PROCEDURAL ORDINANCE .-/' I ATTORNEY (CONSULTANT) 7~!? 18: 7161 The City Attorney presented, explained the content and read the title of Resolution No. 3974, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING RATES FOR VEHICLES FOR HIRE, AND REPEALING RESOLUTION NO. 3636." MOTION by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of ~esolution Np. 3974 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Hage further MOVED that Resolution No. 3974 be adopted, Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None In order to consider the following matter the provisions of the Procedural Ordinance were waived on MOTION by Councilman Forman, -seconded by Coun~ilman Rage and carried unanimously. On MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll' call vote as follows a contract with Simon Eisner and Associates for a planning reconnaissance study was APPROVED. The Planning specialists will prepare a study estimated to cost $7,809. Funds available.in the Council Contingency Account. City to be billed monthly. Mayor Considine will be s~pplied with a breakdown of the costs. . AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Butterworth expressed deep appreciation for the flowers and remembrances received by him during his recent hospitalization for surgery. In order to consider the following it was MOVED by Councilman Forman, seconded by Councilman Butterworth and car~ied unanimously that the provisions of ~he procedural ordinance be WAIVED. Mayor Considine noted that the City Council desired to render all assistance possible to Rex H. Minter, new ci~y attorney, by retaining former City Attorney James A. Nicklin as consultant for a period of time; that all' Councilmen had received a copy of a proposal submitted by Mr. Nicklin wherein he (Mr. Nicklin) would be retained on an hourly rate ($40) with a monthly minimum fee ($400) for a period of twelve months and month to month thereafter upon the approval of the City Council. Discussion ensued and it was the consensus of the City Council that the proposal is fair and reasonable, however, it was submitted that 5, 1-2-68 18: 7162 perhaps a twelve month period is a longer extension than might be necessary; that perhaps six months should be considered based on the need of Mr. Minter, Whereupon it was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that a counter proposal be presented Mr. Nicklin wherein he would be retained as special counsel and/or consultant for a period of six (6) months and month to month thereafter upon approval of the City Council, at the rate of $40 per hour with a minimum of $400 per month; that the City Attorney (Mr. Minter) shall not exceed $600 per month in consulting .fees without returning to the City Council with an expressed request for additional sums of money. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None 'I ADJOURNMENT Mayor Considine adjourned the meeting sine die at 10 p.m. ATTEST: .~/~~~ City Clerk 1 6, 1-2-68