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HomeMy WebLinkAboutMAY 5,1970 I I CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL CONDITIONAL USE PERMIT (101 E. Duarte Road) CONTINUED ZONING 18:7619 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 5, 1970 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of the Arcadia City Hall on May 5, 1970, at 8:00 P.M. Rev. Margaret Stevens, Santa Anita Church of Religious Science Mayor Edward L. Butterworth PRESENT: ABSENT: Councilmen Arth, Hage, Helms, Butterworth Councilman Considine The Minutes of the Regular Meetings of April 7 and 21, 1970, were APPROVED on MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously. Consideration of the Planning Commission recommendation concerning' the granting of a conditional use permit, subject to conditions, for the remodeling of a service station at 101 E. Duarte Road. CONTINUED until May 19. (Res. No. 697). Planning Commission Resolution No. 701 recommending denial of certain changes in the zoning ordinance relating to parking requirements for auditoriums, churches and theatres was ordered FILED. ORAL PARTICIPATION: ;v-10 BOWLING SQUARE '1'~ 11 Mr. James McCabe, residing at 180 W. Huntington Drive, expressed opposition and objection to the city permitting a local service group sponsoring a carnival recently held on property adjacent to the city' hall and to his residence. He stated in part that it was necessary for him to contact the police department in order to close the carnival which had operated beyond its authorized time and cited other annoyances. Mayor Butterworth, on behalf of Council and staff, expressed regret at the inconvenience and disturbance caused Mr. McCabe and advised that steps will be taken to see that it does not occur in the future; that although there is no legal requirement for notification it would have been common courtesy to have notified Mr. McCabe. On behalf of the Vista Management Company and SDM Company, operating corporation and real property owner respectively of Bowling Square, 1020 S. Baldwin Avenue, George McGill made written and oral request to the City Council that it rescind Section 6312.5 of its Municipal Code which prohibits the serving or selling of alcoholic beverages other than beer on the bowling lanes and/or concourse and/or in the spectator section of bowling alleys within the city. He stated further in part that it is becoming virtually impossible to operate because of the financial loss incurred from the inability to serve alcoholic beverages; that a survey indicates the average revenue from the sale of liquor is approximately $354 per lane; that no other city in the State imposes the restriction. 5-5 70 - 1 - AGENDA ITEMS: AWARD OF CONTRACT (Water Lines) ~~ IX, \\'1- rJu.N ~t~~' o \ ~TREET NAME \ ' SIGN PROGRAM CANCELLED 18:7620 Mayor Butterworth stated in part that when the principals purchased the bowling alley they Were aware of the provision; that when the permit to construct the bowling alley was granted it was made clear that liquor would not be permitted in the areas so specified in the regulatory ordinance. He referred to minors who frequent the lanes and drew attention to the cocktail bar conveniently located adjacent to the concourse. He stated, speaking for himself only, that he would not be disposed to change his mind. Some discussion ensued and Mr. McGill submitted that the company would be willing to provide that minors not be allowed, however, council did not want to exclude minors from recreational bowling. Councilman Arth felt that perhaps times have changed since the bowling I alley came into the city; that he feels it is good recreation for both the youth and adults of the community; that he would be willing to look at the entire situation. Mr. McGill was advised if he so desires to file the appropriate applica- tion for modification of the restrictions, and through proper channels it will be considered by council. The City Manager reported on the following bids received for modification of water lines required for Foothill Freeway construction, Phase III, and recommended that the contract be awarded to the low bidder: Hood Corporation J. M. Covington Corp Vido Samarzich A. A. Portonova & Sons, Inc Barron & Eckhart Engr. Const. Ace Pipeline Const. Company M. p. Mitrovich $ 83,565.00 85,181.50 86,060.00 96,336.00 102,713.00 106,810.00 124,172.00 It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows, that the contract be awarded to the low bidder, Hood Corporation, in the total amount of $83,565.00; 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 contract in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Arth, Rage, Helms, Butterworth. None Councilman Considine On recommendation of the City Manager and Director of Public Works I the Director of Public Works was AUTHORIZED to cancel the existing street name sign contract with California Metal Enameling Company, at no cost to the City, and that the determination of sign type be deferred until Phase I of the intersection lighting program is completed. In a report dated May 1 it was noted that the particular sign is a pro" prietary item and it is not possible to obtain competitive bids on the type. LIVE OAK It was noted that on March 17, 1970, Council awarded a contract to the BEAUTIFICATION Duke's Landscaping Service for beautification and street lighting of (Appropriation)Live Oak Avenue between Las Tunas and Third Avenue in the amount of $42,171; that funds from the Capital Improvement Program had not been appropriated. Whereupon it was MOVED by Councilman Hage, seconded by r;y \ ')-J0 5-5-70 - 2 - I S~;T RELINQUISHMENT RESOLUTION NO~ </'/3<. ADOPTED COUNCIL GAS TAX ALLOCATIONS (Senate Bill) fJ :;/t2fo I WILDERNESS PARK (YOUTH DAY) APPROVED ~ ~~ 18:7621 Councilman Helms and carried on roll call vote as follows, that the sum of $25,800 be appropriated from Reserve for Capital Improvement Projects Account No. 285 in the General Fund to Capital Improvement Projects Account No. 262, Live Oak Avenue beautification. Be it noted that the balance is from available Gas Tax Funds approved for this specific purpose. AYES: NOES: ABSENT: Councilmen Arth, Hage, Helms, Butterworth None Councilman Considine The City Manager advised that the County Board of Supervisors has acted to declare Santa Anita Canyon Road to be a part of the County System of Highways and it is now appropriate for the city to relin- quish the road to that agency. Whe~eupon the City Attorney presented, explained the content and asked that the document in the hands of the City Clerk be amended to delete "fo~ the purpose of said repairs" from the third paragraph. He then read the title of Resolution No. 5032, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONSENTING TO ESTABLISHMENT OF PORTIONS OF SANTA ANITA CANYON ROAD AS A PART OF THE SYSTEM OF COUNTY HIGlIWAYS OF THE COUNTY OF LOS ANGELES." It Was MOVED by Councilman Helms, seconded by Councilman Arth and car~ied on roll call vote as follows, that the reading of the full body of Resolution No. 5032 as amended, be WAIVED and that said reso1ution~ as amended, be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Hage, Helms, Butterworth None Councilman Considine Councilman Considine took his place at the council table at 8:25 P.M. The City Council had previously supported a position favoring amendment of the old Breed formula splitting Gas Tax allocations 55% south of the Tehachapi and 45% north, and discussion held on a Senate Bill (No. 38) giving authority for dividing the funds to the Highway Commission on a 60-40 split. On MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously that, subject to a report from Councilman Helms upon his return from Sacramento, the Mayor was AUTHORIZED to submit a letter in support of the new proposal. DiScussion held on the request of the Youth Commission through the Rec~eation Director concerning the use of Wilderness Park on Sunday, May 17, from 10 A. M. until 6 P.M. for a Special Youth Day to include picnics, dancing, live music and a campfire. Chaperones to be furnished by the Path organization. Councilman Helms explored the plans of the commission and made recommendations therefor. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows, that permission be granted to hold an Arcadia Youth Commission Youth Day at Wilderness Park exclusively on May 17, that it be subject to the approval by staff of the various administrative details among which shall be some consideration of necessary adult supervision, including the use of police if required - only as a precautionary measure. (It was noted that the commission had indicated its desire that police not be aSSigned to the activity). AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None 5-5-70 - 3 - J \ \bV~~' ~ \ RECREATION STUDY REPORT RECEIVED AND REFERRED \ \VJ\SALARY J ADJUSTMENT UNITED NATIONS DAY CHAIRMAN BALLOT , PROPOSITION NO. 1 (No position) .j) ~NATIONAL ~' \ LEAGUE . FINANCIAL SUPPORT II OPPOSED POSITION TAKEN ON A B 908 " CONTRACT AWARD (Uniforms) ( .~\ w J~nj~ \ 18:7622 Council received a study on a community recreation center and on MOTION by Councilman Arth, seconded by Councilman Considine and carried unani- mously, the report is to be submitted to the Recreation and Youth Commissions for review and report back to Council. (Report dated April 1970). On recommendation of the City Manager and the Director of Public Works it was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that the salary of the maintenance man in the Department of Public Works be adjusted~ an additional $75 per month effective immediately. It was noted that a review of this position indicated that the quantity of work has substantially increaoed; it also reveals that the full electrical and hydraulic skill required is being performed by the employee and that the city is actually saving moneYI under this arrangement as compared with calling in an outside firm for repair work. The employee also acts as an inspector when so required. AYES: Councilmen Arth, Considine, Hage, Helms, Butterworth NOES: None ABSENT: None On MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously, Mayor Butterworth was grante9 permission to appoint a Chairman for the annual United Nations Day (October). It was noted that the City will take no position on June 2 Ballot Proposition No. 1 inasmuch as it is not relative to city matters and council felt it has no expertise in the area. (a measure to increase the training of medical specialists on University of California campuses). It was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows, that the City authorize an expenditure of $50 (from Council Contingency Account) for membership in the Inter- American Municipal Organization (IAMO) as requested by the National League of Cities. It was felt by council that the expenditure is indicated and is consistent with the position the city has taken on the Peop1e-to- People Program. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth. None None The City Manager noted that Assembly Bill No. 908 proposes a tax of 14% on municipal electric utilities; that it is s~milar to and amends a bill introduced last year which included water departments; that it is likely, if it should pass, that revenue from all city operations i. e., water, sewage, cable TV, transit, etc., would be taxed by succeeding legiS1ationl He noted that it is contrary to home rule principles and lays the unusual approach of taxing one local government to finance other local government in this case, schools. It was MOVED by Councilman Considine, seconded by Councilman Hage, and carried unanimously that the City Council authorize continuing opposition to this legislation. (The League of California Cities asked that cities work together and not permit themselves to be separated depending On the type of utility an individual city operates). The City Manager advised and recommended on the bids received for uniform. rental services, in keeping with the policy of providing uniforms for field personnel in street and garage divisions, water department and the employee in the city hall print shop. The various budgets are charged with pro- portionate shares of the cost. 5-5-70 - 4 - I I COUliICIL PROCEDURE changed ttAf CITY SEAL ~f 18:7623 It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that the contract be awarded to the All American Uniform Rental Company, supplying cotton-dacron uniforms, at $4,467.50 per year (50 week basis - allowing 2 week vacation for each employee when uniforms are not in use). Contract to be effective June 1, 1970. ' .' , ' ( AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None On suggestion by Mayor Butterworth, and concurred in by council, it was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that Council meetings convene one half hour earlier starting on May 19. This would mean that the pre-agenda meeting would convene at 7:00 P.M., and the regular meeting at 7:30 P.M. (If the arrangement is successful the procedural ordinance will be amended) . AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None Mayor Butterworth suggested that the city seal be reviewed and , alternates received for its updating in order to have an official seal. more in keeping with the city as it is today. (The original seal, was' adopted in 1903 and changed once in 1936). Whereupon it was MOVED by . Councilman Arth, semnded by Councilman Helms and carried on roll call vote as follows, that staff be authorized to proceed and to ask, various community groups, including the Arcadia Beautiful Commission, to parti- cipate in the adoption of a new city seal. The City Manager asked for and received permission to employ a specific artist for suggestions.: . AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None FREEWAY It was noted that the specifications for the Foothill Freeway from MEDIAN Santa Anita Avenue to Rosemead Boulevard neglected to require under- UNDERGROUNDING grounding the overhead signal line used by the railroad. The Division :':l- r') '7 of Highways have orally agreed to push for the undergrounding, however, ;r- ~ /I'Counci1 adopted the following resolution in an effort to assist in accomplishing the desired aim. RESOLUTION NO. ~ "1/33 ADOPTED J' (7/"li The City Attorney presented, explained the content and read the title of Resolution No. 5033, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXPRESSING OPPOSITION TO THE USE OF OVERHEAD RAILWAY SIGNAL LINES ON THE FOOTHILL FREEWAY BETWEEN SANTA ANITA AVENUE AND ROSEMEAD BOULEVARD AND REQUESTING THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS TO TAKE ACTION TO UNDERGROUND SUCH FACILITIES." It was MOVED by Councilman Arth, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5033 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth , None None ORAL PARTICIPATION: Joseph Adashek, local subdivider, asked if 371 Warren Way could be deleted from the requirements of Ordinance No. 1410 amending Section 5-5-70 - 5 - AGENDA ClIANGE ORDINANCE NO. 1409 ADOPTED ORDINANCE NO. 1410 ADOPTED ORDINANCE NO. 1411 INTRODUCED RESOLUTION NO. ~ <//]o (to be redrafted) 18:7624 9112.4 of the Municipal Code, in order for him to ascertain whether or not legal action is indicated. (An application for the division of that lot had been denied). The City Attorney advised that there is no action the Council could take at this time; that it is strictly a matter of Mr. Adashek through his own legal counsel, taking the initiative to test the ordinance if he so desires. Council will hereafter hear from persons in the audience at the close of public hearings which by law are the fir'st items to be considered. It was felt that this new order of business would encourage and assist persQns who wish to be heard but often weary due to the present practice of having to wait until all agenda items have been disposed of. This will be on a trial basis. I The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1409, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 2691.5 OF THE ARCADIA MUNICIPAL CODE RELATING TO THE REAL PROPERTY TRANSFER TAX." It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows, that the full reading of Ordinance No. 1409 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1410, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTIONS 9113.1.2, 9113.1.3, 9122, 9122.1, AND 9276.2.11, REPEALING SECTION 9263.1.29, ADDING SECTION 9275.1.52.3 RENUMBERING SECTIONS 9112.4 THROUGH 9122.7, AND ADDING SECTION 9112.4 RELATING TO ZONING AND SUBDIVISION REGULATIONS." It was MOVED by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows, that the full reading of Ordinance No. 1410 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Rage, Helms, Butterworth None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1411, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9275.2.9 OF THE ARCADIA MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMIT APPEALS." It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows, that the full reading of Ordinance No. 1411 be WAIVED and that the same be INTRODUCED. I AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The City Attorney will redraft Resolution No. 5030 approving Proposition No.7 relating to State Bonds. 5-5-70 - 6 - RESOLUTION NO. ~1 <-//3/ ADOPTED I APPOINTMENtS BUDGET STUDY SESSIONS SCHEDULED APPOINTMENtS RATIFIED I 18:7625 The City Attorney presented, explained the content and read the title of Resolution No. 5031, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING THE PUBLIC UTILITIES COMMISSION TO INSTITUTE A SPECIAL STUDY AS A BASIS FOR REQUIRING RAILROADS TO LAND- SCAPE RIGHTS OF WAY IN URBAN AREAS." It was MOVED by, Counci 1man Considine, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5031 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None The members of the Arcadia Beautiful Commission will receive copies and the P1anning.Director will circulate copies to persons who signed a petition in this regard. Mayor Butterworth distributed responsibility charts relating to appointments to the various boards and/or commissions. The following dates were scheduled as budget study sessions: May 19 May 26 May 27 May 28 June 3 (following council meeting adjournment) 7 P.M. 7 P.M. 7 P.M. (Tentative) 7 P.M. Mayor Butterworth reminded council of the forthcoming meeting with the Planning Commission - May 13 - 7:30 P.M. On MOTION by Councilman Helms, seconded by Councilman Arth and carried unanimously, the following appointments made by Mayor Butterworth in his communication dated April 28 were RATIFIED. MAYOR PRO TEMPORE, JAMES-i. HELMS, JR. Alternate - City Selection Committee (Southern California Rapid Transit) Alternate - Los Angeles County Sanitation District Nos. 15 & 22 Liaison - Library Board Liaison - Arcadia Beautiful Commission Land Committee COUNCILMAN C. ROBERT ARTH Alternate Member Liaison Liaison Municipal - Los Angeles County Division, League of California Cities - City Selection Committee (Southern California Rapid Transit) - Planning Commission - Civil Defense Board Data System COUNCILMAN ROBERT J. CONSIDINE Member - Southern California Association of Governments (SCAG) Los Angeles County - League of California Cities Liaison - Personnel Board Land Committee COUNCILMAN DON W. RAGE Alternate - Southern California Association of Governments (SCAG) Liaison - Recreation Commission Liaison - Youth Commission Audit Committee 5-5-70 - 7 - MAYOR EDWARD L. BUTTERWORTH 18:7626 Los Angeles County Sanitation District Nos. 15 and 22 Liaison - Sister City Commission Audit Committee the appointment of John Grivich to the Upper San Gabriel Valley Water District is hereby confirmed. ADJOURNMENT At 9:35 P.M., the meeting adjourned to MAY 19, 1970 at 7:30 P.M. fidj~ Q7Jf&J1, '. ~~~ City Clerk . - 8 - 5-5-70 I I