HomeMy WebLinkAboutFEBRUARY 6,1968
TRANSCRIPT OF THE FULL CITY COUNCIL PROCEEDINGS AS TAPE RECORDED ON FILE IN THE
OFFICE OF THE CITY CLERK,
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INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(1-16-68
2-23-68)
HEARING
(Montessori
School)
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18:7178
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
FEBRUARY 6, 1968
The City Council of the City of Arcadia, California met in regular
session in the Council Chamber of the Arcadia City Hall on February
6~ 1968 at 8 p.m,
Rev. Walton W, Doering, Our Savior Lutheran Church
Mayor Robert J. Considine
PRESENT:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
Councilman Butterworth
The Minutes m the regular meeting of January 16, 1968 were APPROVED
on MOTION by Councilman Arth, seconded by Councilman Forman and
carried unanimously. '1
The Minutes of the adjourned regular meeting of January 23, 1968 were
APPROVED on MOTION by Councilman Arth, seconded by Councilman Hage
and carried unanimously.
Time and place scheduled for hearing by and before the City Council
for review of the Planning Commission decision granting permission
to increase the pupils of the Montessori School at 1406 S. Santa
Anita Avenue from 20 to 28, and extending the conditional use permit
to September 3, 1971.
The Planning Director explained the present zoning of the property
which is R-l and developed into a single family house which is
currently being used for nursery school purposes under an original
conditional use permit; that conditions of Resolution No. 558 had
been modified by the Commission's Resolution No. 626 to grant the
request of the new owner and operator to increase the pupils and
extend the life of the conditional use permit. He continued that
the applicant had presented to the Commission some tentative plans
showing future development of the site which, if it were done, could
accommodate approximately 60 pupils; that this plan was not con-
sidered or acted upon by the Commission.
Mayor Considine observed that it was his recollection that the five-
year period was originally granted to give the school an opportunity
to prove itself by the enrollment of sufficient students and then
move to a proper building in a proper zone. He referred to previous
records to this effect.
Mayor Considine declared the hearing open and Robert Firth, the
applicant, addressed Council briefly. A communication from the
original owner and operator, Barbara Clingman, supporting the decision
of the Planning Commission, was made part of the record.
No one desiring to be heard the hearing was CLOSED on MOTION by
Councilman Forman, seconded by Councilman Rage and carried unani-
mously.
1.
2-6-68
TRACT
NO. 27504
Final Map
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HAUL ROUTE
Foothill
Freeway
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18:7179
Arriving late but desiring to speak to the matter, Van Harris, 1412
S, Santa Anita Avenue read in full a letter which in summary stated
that in his opinion the conditional use permit had become inoperative
inasmuch as the conditions had not been complied with; that the
request for additional pupils and removal of the time limitation is
an attempt to create an unlimited and permanent commercial enterprise
in a residential area. He requested the denial of the request as it
was not reasonable or proper.
During the discussion that followed it was noted that the original
intent of the resolution was to give temporary housing in order to I
permit skilled teachers to be obtained who otherwise would not be
permitted to stay within the country and until such' time as a proper
site could be secured; that the present owner should not be allowed
to continue with the thought that he could expand the school at its
present location when it is not the intention of this Council to vote
for such expansion should it come to pass and that a council of the
future could not be committed. The additional students, however, met
with approval.
Whereupon it was MOVED by Councilman Forman, seconded by Councilman
Arth and carried on roll call vote as follows that the City Attorney
be and he is hereby instructed to prepare a resolution to be presented
at the next regular meeting setting forth a modification of the
Commission's ruling to the extent that the Council agree that the
number of pupils permitted may be increased to not more than 28 but
the extension period granted by the Commission be DENIED; that the
original expiration date of the conditional use permit remain in
effect; that the new resolution set forth the intent of the Council
that there should not be a renewal of the permit at the expiration
time.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
Tract No. 27504, extension of Sandra Avenue. On recommendation of
the Planning Commission it was MOVED by Councilman Hage, seconded by
Councilman Forman and carried unanimously that a trust be established
in the amount of $7,571.43 on the one-foot strip of land as set forth
in the report dated February 6, 1968.
It was MOVED by Councilman Hage, seconded by Councilman Arth and
carried unanimously that the final map of Tract No. 27504 be APPROVED
upon the condition that the above trust and conveyance required
thereby be a condition of said approval, and subject to the continued
compliance with conditions of approval of the tentative map (March
21, 1967).
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In considering the request of Tom Hess, Inc., for permission to
continue using Highland Oaks Avenue from Woodland to Foothill
Boulevard for a temporary haul route for trucking sub-base material
from the county flood control debris basin to the Foothill Freeway
construction site in Monrovia and Duarte, it was noted that residents
in the area have suffered from the tons of dirt which has been hauled
thus far and that repairs may be necessary to the haul route streets
which may become damaged from the poundage. Some discussion was held
on the feasibility of imposing some type of tax on the hauling
sufficient to cover the cost of restoring streets.
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18 :7180
It being the consensus of the Council that the operation should now
cease, it was MOVED by Councilman Forman, seconded by Councilman Hage
and carried on roll call vote as follows that the request be DENIED
and that the existing city ordinance be enforced.
AYES:
NOES:
Al3SENT:
Councilmen Arth, ~orman, Rage, Considine
None
Councilman Butterworth
It was further MOVED by Councilman Forman, seconded by Councilman
Hage and carried unanimously that the City Attorney be instructed to
prepare an ordinance for council consideration imposing a tax on the
'hauling sufficient to cover the cost of restoring streets damaged by
said operation.
Pursuant to a request of the Western Vending Machine Operators'
IJAssociation for emergency relief from excessive city license fees
/.
I', levied against bulk merchandise vending machine operators (peanut
,1 '. toys and ball gum type) the Business License Officer prepared a
~ \ . report reflecting the license fee rate on coin operated vending
~ ! t. machines before August 18, 1967 and the new fee effective thereafter.
, I He noted that four of the 1967 licensees handling such merchandise
.~! have not renewed their licenses and are now delinquent.
VENDING
MACHINES
LICENSES
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MOTION
PAR-3 GOLF
LEASE
MODIFICATION
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Leo W. Weiner, representing the Western Vending Machine Operators'
Association spoke at length concerning the variables in said business.
He compared the revenue taken in from cigarette machines, 'bottled
drink and candy machines and felt there should be a more equitable
fee rate. He suggested a category separate for bulk vending machines,
and suggested that they be classified the same as a retail outlet.
During his presentation a vending machine was displayed.
Discussion ensued on the basic precept of a unit or stand which could
conceivably hold a maximum of eight machines and on the equitability
of the rates. It was MOVED by Councilman Forman, seconded by
Councilman Hage and carried unanimously that the staff be instructed
to study the bulk vending machine phase of the business license
ordinance keeping in view the report submitted and the comments made
at this meeting and return to Council at the next regular meeting
with a recommendation, and that the late penalty fee be waived for
said business firms, if legally possible.
It was noted by the City Manager that a condition of the assignment
of the Par-3 Golf Course lease to Piuma Enterprises~ Inc" on
December 10, 1962, was that the ownership of the corporation would
at all times be retained by Joseph A. Piuma and his family; that
Mr, Piuma now wishes to retire the shares owned by him with the other
shareholders remaining the same; that the management of the company
will be assumed by his son and son-in-law with Mr. Piuma available
for consultation.
,
The request meeting with the approval of the City Council it was MOVED
by Councilman Arth, seconded by Councilman Hage and carried unanimously
that the conditional consent to assignment dated December 10, 1962,
be modified to permit the retirement of the 4968 shares of Piuma
Enterprises, Inc., stock held by Joseph A. Piuma, upon the condition
that the ownership cf the remaining out stand ing shares of the corpo-
ration be at all times retained by the family of Mr. Piuma and that
the Mayor and City Clerk be authorized to execute the necessary
documents to accomplish said modification in form approved by the
City Attorney.
3.
2- 6- 68
CATV ~
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CONTRACT
AWARD
(Dr i 11 ing
Hugo Reid
Well)
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PROPERTY
ACQUISITION
BALDWIN AVENUE
WIDENING
PROGRAM
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RESOLUTION
NO. 3981
18: 7181
Discussion of bids by community antenna (cable).television companies
for the franchised area of the city was deferred until a study session
to be held February 26. It was felt by the Council that the matter
was sufficiently complex to warrant such a meeting which will be open
to the public. Two residents, Ed Hawkins, 1966 Alta Oaks Drive, and
Gail Jackson, 1924 Wilson Avenue, urged Council to proceed without
delay. They were assured this was the intent.
The City Manager advised that the following bids were received for
the drilling, construction and developing of Hugo Reid No. 1 Well and
recommended the award of contract to the low bidder.
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Roscoe Moss Drilling Company
Lomar Corporation
Beylik Drilling Company
$29,897,50
34,384.00
36,098.00
It was MOVED by Councilman Forman, seconded by Councilman Arth and
carried on roll call vote as follows that the contract be and it is
hereby awarded to Roscoe Moss Drilling Company in the amount of
$29,897.50; that all other bids be rejected; that all other bid
deposits be returned; that any irregularities or informalities in the
bids or bidding process be waived and that the Mayor and City Clerk
be authorized to execute a contract in form approved by the City
Attorney.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
Brief discussion held on further developments in the construction
of said well.
It was MOVED by Councilman Hage, seconded by Councilman Forman and
carried on roll call vote as follows that the appraisal report for
Phase I for the widening of Baldwin Avenue from Camino Real to Longden
Avenue be ACCEPTED and that authority be and it is hereby GRANTED for
payment to the appraisers for said work in the amount of $7,187.50.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
It was further MOVED by Councilman Forman, seconded by Councilman
Hage and carried on roll call vote as follows that the City Manager
be and he is hereby authorized to expend appropriate gas tax funds
for the acquisition of the parcels which the appraisal covers in
amounts not to exceed appraised figures reported.
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AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
The City Attorney then presented, explained the content and read the
title of Resolution No. 3981 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE
PUBLIC INTERES~ CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES AND ORDERING THE ACQUI-
SITION THEREOF."
4.
2-6-68
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PROPOSED
ANNEXATION
NO. 40
WEST ARCADIA
INHABITED
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PUBLIC
RELATIONS
EXPENDITURE
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LEAGUE OF
CALIFORNIA
CITIES
APPOINTMENTS
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18: 7182
MOTION by Councilman Forman, seconded by Councilman Arth and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3981 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
Councilman Forman further MOVED that Resolution No, 3981 be adopted.
Motion seconded by Councilman Arth and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT :
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
The City Clerk presented the certification concerning the sufficiency
of the petition filed on January 24, 1968 for the proposed annexation
to the City of territory within Annexation No. 40 West Arcadia
Inhabited. It indicated that the total number of registered voters
on file in the office of the Registrar of Voters on the filing date
was 3,145; that the required 25% would be 787; that the total number
of signatures of qualified electors who signed the petition is 967 -
the petition being sufficient.
On MOTION by Councilman Forman, seconded by Councilman Hage and
carried unanimously the City Attorney was instructed to prepare the
appropriate resolution calling for a special election and setting a
date for the hearing of objections. He will present same on February
20, 1968.
In connection with the development of certain public relations
materials and activities for the purpose of providing improved
information to the public, most specifically in reference to the
aforementioned proposed annexation, it was MOVED by Councilman Forman,
seconded by Councilman Hage and carried on roll call vote as follows
that a sum not to exceed $1,950 be AUTHORIZED from Council Contingency
Fund for said purposes.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
The following appointments have been made by the League of
California Cities:
Councilman Edward L. Butterworth, Vice Chairman,
Committee on the Future.
Councilman George L. Forman,
Committee on Transportation and Freeways.
City Manager, Lyman H. Cozad
Committee on the Future
City Controller, Wayne H. Harris
Committee on Retirement
In addition it was noted that Councilman Hage has been appointed
to the Water Resources Committee and Councilman Arth to the
International Municipal Cooperation Committee.
5,
2- 6- 68
..
BOWLING
ALLEY
BUSINESS
LICENSES , "J
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ORDINANCE
NO. 1371
Adopted
ORDINANCE
NO. 1374
REINTRODUCED
IS: 7/."'-5
Inasmuch as there will be some expense involved in these
representations it was MOVED by Councilman Hage, seconded by
Councilman Arth and carried on roll call vote as follows that
any expense incurred is hereby AUTHORIZED for payment.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
The City Manager advised that the City has received requests
for renewal of business permits by three bowling alleys; that
pursuant to Council1s interest in reviewing these applications
at renewal time, it was his recommendation that the previous
format be followed in reminding the applicants of the permit
conditions. Whereupon it was MOVED by Councilman Hage, seconded
by Councilman Forman and carried unanimously that the applications
for renewal be APPROVED subject to the condition that each applicant
be advised by letter or the conditions of the permit and that an
acknowledgment of said letter be required.
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The City Attorney presented for the second time, explained the
content and read the title of Ordinance No. 1371, entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING
SECTION 5120.1.3 THEREOF BY AMENDING SECTIONS 5120.7 AND 5120.8.1
THEREOF AND BY ADDING THERETO NEW SECTIONS 3213.5, 5110.5, 5120.9,
5120,10, 6434.6.2, 6434.6.3, 6434.6,4, 6434.6.5, 6434.7, 6434.8,
6434.9 and 6434.10 CONCERNING THE REGULATION OF GARBAGE AND
RUBBISH COLLECTION, HAULING OR DISPOSAL.
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. 1371 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
Councilman Arth further MOVED that Ordinance No, 1371 be adopted.
Motion seconded by Councilman Forman and carried on roll call
vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
The City Attorney presented again for the first time, explained the
content and read the title of Ordinance No. 1374, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING SECTION 9275.4.8 OF THE ARCADIA MUNICIPAL CODE CONCERNING
ADDITIONAL SIGNS FOR SERVICE STATIONS."
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MOTION by Councilman Forman, seconded by Councilman ~age and
carried on roll call vote as follows that the reading of the full
body of Ordinance No. 1374 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
Councilman Forman further MOVED that Ordinance No. 1374 be re-
introduced. Motion seconded by Councilman Hage and carried on
roll call note as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen Forman, Rage, Considine
None
Councilman Arth
Councilman Butterworth
6.
2-6-68
RESOLUTION
NO. 3982
ADOPTED
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COMMERCIAL
RUBBISH
COLLECTION
PERMITTEES
EXECUTIVE
SESSION
RECONVENE AND
ADJOURNMENT
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The City Attorney presented, explained the content and read the title
of Resolution No. 3982, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE SCALE OF PREVAILING
RATE OF PER DIEM WAGES AND RESCINDING RESOLUTION NO. 3940 AND ALL
OTHER RESOLUTIONS IN CONFLICT HEREWITH."
MOTION by Councilman Arth, seconded by Councilman Hage and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3982 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
Councilman Arth further MOVED that Resolution No. 3982 be adopted.
Motion seconded by Councilman Hage and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
Mayor Considine requested the placing on the next agenda the matter
of the number of permittees for the collection of commercial and
industrial rubbish.
At the request of the City Attorney the City Council recessed to an
executive session for the purpose of discussing retention of special
counsel for condemnation proceedings in connection with the acquisition
of property for the widening of Baldwin Avenue.
The Council reconvened at 10:40 P.M., in the Council Chamber and
adjourned immediately thereafter.
Mayor
AlTEST:
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City Clerk
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