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HomeMy WebLinkAboutFEBRUARY 6,1968 TRANSCRIPT OF THE FULL CITY COUNCIL PROCEEDINGS AS TAPE RECORDED ON FILE IN THE OFFICE OF THE CITY CLERK, : I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (1-16-68 2-23-68) HEARING (Montessori School) ~f //d.. ~ I 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 '\ ~ .' \ I, I Ii HAUL ROUTE Foothill Freeway ;/ , . \ \ ~ -" 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). I 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. 2, 2- 6- 68 I 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 f !J. ,} \ . 1./\1 A j MOTION PAR-3 GOLF LEASE MODIFICATION I ~:31 " 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 ~ l\ II II" ), :J /( CONTRACT AWARD (Dr i 11 ing Hugo Reid Well) " \ \ \ '11.\ PROPERTY ACQUISITION BALDWIN AVENUE WIDENING PROGRAM I f), \-' \ ~ . ",.'. \' " 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. I 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. I 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 1 I (*~ ,/ A I " .r '/0' , . ,,' t.:, ..' /'. oJ I PROPOSED ANNEXATION NO. 40 WEST ARCADIA INHABITED 1'. I )/ .... j ( lP PUBLIC RELATIONS EXPENDITURE I LEAGUE OF CALIFORNIA CITIES APPOINTMENTS , 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 ~ ~.. -I -q.- t/'l " . , "1 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. I 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." I 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 I COMMERCIAL RUBBISH COLLECTION PERMITTEES EXECUTIVE SESSION RECONVENE AND ADJOURNMENT I /2' ;7/~p' 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: ~~7#~?;a?v ~ City Clerk 2- , -'ll