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HomeMy WebLinkAboutJANUARY 3,1967 I INVOCATION , PLEDGE OF ALLEGIANCIl ROLL CALL MINUTE APPROVAL (12-20-66 12-22-66) HEARING , (Allen) 1:<P~ I 17:6934 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JANUARY 3, 1967 The City Council of the City of Arcadia, Californ~ met in regular session in the Council Chamber of the Arcadia City Hall on January 3, 1967 at 8' P.M. Mr. Sheridan Byerly, Arcadia Presbyterian Church Mayor George L. Forman PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None The Minutes of the Regular Meeting of December 20, 1966 were APPROVED as submitted in writing on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. The Minutes of the Adjourned Regular Meeting of December 22, 1966 were APPROVED as submitted in writing on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. An appeal filed by Alfred Allen from the decision of the Planning Commission in denying his request for a lot split of property at 14lS and 1421 S. Second Avenue. The Assistant Planning Director explained the basis on which the Commission denied the request; that property at 14lS is lIS' wide; that Mr. Allen proposes to acquire S' from property at 1421 adding it to l41S, then dividing the 120' lot into two 60' lots; that the minimum requirement is 7S' width which the Commission recommended be maintained. Projecturals were reviewed of the proposed division and a study prepared by the Planning Department indicating how the property could be developed into a cut de sac. The City Clerk read into the record a communication from Arthur H. Eaton, 161 E. Pamela Road, and a petition from seven property owners protesting the 60' lots. Also letters from five property owners in favor of the division of property as requested. Mayor Forman declared the hearing open and Alfred Allen, the subdi- vider, addressed the Council at length stating in part that although he realized the matter had previously been before the legislative body he felt obligated to bring it back because in his opinion the proposed development would greatly improve the appearance of the neighborhood; that although the lot frontages would not be 7S' the overall footage would be in excess of the required 7,SOO square feet. He referred to isolated properties throughout the City which have been created by subdivisions - each in his opinion should be considered On its own merit. He noted that the problem areas are in the southern part of the City; that it is difficult to secure a buyer for the lIS' lot. He expressed willingness to sign a covenant that he would not build two-story houses and would agree to 10' setbacks; that there would be no drainage problem as confirmed to him by the City Engineer. 1. 1-3-67 HEARING (Collins) J/OD COMMENDATION V(Police) fI~(Jf) CONVENTION CENTER If,,~f 17:6935 He concluded his remarks by asking for favorable consideration of his request. Robert E. Janssen, owner of 1415 S. Second Avenue, asked for favorable action also; that he was more than willing to release 5' of his property in order to clean up the subject property. Speaking in opposition were Don Morgan, 1404 S. Second Avenue, Dr. William Johnson, 165 E. Pamela Road and Robert B. Checkal, 140 E. Pamela Road. I No one else desiring to be heard it was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the hearing be CLOSED. During the Council deliberations it was agreed that attractive homes can be built on less than 75' frontage lots, but it was the consensus that the Planning Commission and the Council are endeavoring to uphold the requirements of the Arcadia Municipal Code; that they desire to upgrade Second Avenue by maintaining the minimum lot width of 75' and further that to permit the deviation in this instance might be the forerunner of similar requests. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unani- mously that the appeal, from the Planning Commission decision, be d,mied. -, '. Application filed by Charles D. Collins for a business permit to allow entertainment at the Santa Anita Bowl, 188 W., Las Tunas Drive. It would be presented in the dining room and cocktail lounge areas and if a cover charge were imposed, it would not exceed $1.00 per person. Mayor Forman declared the hearing open and no one desiring to be heard it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that the hearing be CLOSED. It was the consensus of the City Council that if the entertainment program be conducted along the lines set forth in the application and if Council is kept abreast of the situation it would be willing to experiment upon specified conditions. Whereupon it was moved by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that an entertainment permit ,be issued Charles D. Collins, dba Santa Anita Bowl, for a period of six months at which time it may be renewed for another six months or a year providing the City Manager approves - the matter to come to Council without the necessity of another public hearing; that I the programs be submitted and approved by the City Manager, assuring the Council that the entertainment would not be incompatible with the community. Mayor Forman ordered FILED the communication from the State of California Board of Corrections commending the City on it's jail facilities; that it is in complete compliance with all State and local conditions and regulations. Mayor Forman ordered FILED the communication from the City of Long Beach expressing disapproval of a joint powers agreement between the City and County of Los Angeles so as to permit a tax free financing of a multimillion dollar convention center in downtown Los Angeles. 2. 1-3-67 FOOTHILL / FREEWAY RESIGNATION (Hanson) I A~d~ PROPERTY ACQUISITION (Kramb) )/i(,D DECLARATION (Non-conforming use) dbif-) I STORM DRAIN PROJECT NO. 1229 (Mayflower Ave.) 17 :6936 The City Council received information that ,bids for road and structures in Arcadia and Monrovia between Santa Anita Avenue and Huntington Drive will be recieved by the State Department of Public Works, Division of Highways, on February 9, 1967. The City Council accepted with regret the resignation of Carl F. Hanson from the Planning Commission effective January 1, 1967 - an appropriate plaque to be presented at a later date. Responsibility for appointment will be Councilmen Considine and Forman - term to expire June 30, 1969. The City Manager explained that it is now necessary to appropriate ~ funds to complete the acquisition of property from Richard A. and Carole J. Kramb, located at the northeast corner of Wheeler and Santa Anita Avenues (Santa Anita Tract, Block 76, Lot 1); that the escrow has been opened pursuant to City Council action of November 15, 1966 at which time authorization had been given to appropriate $1,000 to 'open the escrow. It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that $40,600 be appropriated from Reserve for Capital Projects Account No. 285 in the General Fund to Capital Projects Account No. 325 Acquisition of Property, Towne Center, for purchase of property described above: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The Administratrix of the estate of the former owner of a used furniture business at 164 W. Live Oak Avenue filed a Declaration pursuant to Arcadia Municipal Code Section 9248 and 9248.1. Said sections provide that inactive participation in a non-conforming use for a period in excess of 90 days constitutes abandonment of such non-conforming use unless within that period a Declaration is filed with the City Clerk. It was explained by the attorney representing the Administratrix that probate is in progress at this time and it is not yet known what disposition is to be made of the business, hence ~he filing of the declaration. Upon advice that all records of the City support the statements set forth in said Declaration, it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the declaration be approved and that permission be granted for the continuance of the used furniture business at l64'W. Live Oak Avenue and that the Declaration be accepted. The Director of Public Works explained that the Department has reviewed plans and specifications for the Los Angeles County Flood Control District Storm Drain Project No. 1229 (Mayflower Avenue); that said installation is in the best interests of the City; that the County proposes to receive bids for the work on January 13, 1967, however, approval must be obtained from the City prior to that time. He recomrcended the adoption of the appropriate resolution. j!r<1i J:. ,.j ~<j.d.... trnr.i/U-t ~'V f).M-0~ 3. 1-3-67 17:6937 Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3921,entitled: '~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZING LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO PROCEED ~ WITH CONSTRUCTION OF STORM DRAIN BOND ISSUE PROJECTS NOS. 706 AND ../. 7'~ &,.,U 1229." .~~ A9~..... MOTION by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Regolution No. 3921 be waived: RESOLUTION NO. 3921 Adopted AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman Nene None I Councilman Considine further MOVED that Resolution No. 3921 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None the City Attorney presented for the second time, explained the content and read the title of Ordinance No. 133'3, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 7531.1, 7531.1.1, 7531.1.2 AND 7531.2 OF THE ARCADIA MUNICIPAL CODE WITH"IiliSPECT TO WA~ER RATES." ,. :...--"-.. ORDINANCE NO. 1333 Adopted .J H-~S Pr MOTION by Councilman qonsidine, seconded.by Councilman Arth and carried on roll call "vote as follows 'th'at the reading of the full body of Ordinance No. 1333 be~aived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Considine further MOVED that Ordinance No. 1333 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None the City Attorney presented, explained the content and read the title I of Resolution No. 3922, 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. 3889 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITI:." ,./ RESOLUTION NO. 3922 Adopted 'MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Resolutio~No. 3922 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Resolution No. 3922 be adopted. 4. 1-3-67 I BUTTERWORTH ~ (Charter ('I"I Committee) EXPENDITURE PUBLIC FUNDS ~ I 17:6938 Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None Councilman Butterworth explained the need for an official Minute Book to adequately accomrriodate the -record of the proceedings of the Charter Revision Committee and MOVED that the sum of $20.28 be appropriated from Account No. 401-10 for said purchase. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Butterworth referred to expenditures of public funds by members of the City Council for conference attendance or for any purpose whatever, stating in part that even though an item is budget- ed it should not constitute an appropriation of public funds. He deemed it proper procedure, and in his opinion required by the City Charter, when a member of the City Council desires to expend public funds to do so only on order and by vote of the City Council; that no member has the authority by himself to expend, or to create a charge against public funds. He quoted from Section 402 of the City Charter providing for reimbursement on order of the Council for authorized traveling and other expenses when a member of the Council is o~ official business. " ..... .,.......;, ,-,'. J' .... Mr. Butterwo~th stated that 'all members of the City Council should share the responsibility of sending a Council member to a conference by approving the appropriation of funds for that purpose. He stated that he was not making reference to anyone member of the Council, but that he believed it to be proper procedure for a Council member who knows in advance he is going to expend public funds to seek the express authority of the City Council, and that no Council member should commit public funds until authority is granted by the legislative body. Those in charge of the funds of the taxpayer must be completely certain about the propriety of the expenditure. He referred to procedures followed a few years ago. As a secondary question he inquired as to how the City Controller could payout public funds to members of the Council without an authorizing vote of the Council in view of the express provision of Section 402 of the City Charter. The City Attorney referred to Section 1105 of the Charter which provides that from the effective date of the budget amounts listed therein for proposed expenditures become appropriated for the several departments, offices and agencies for the respective objects and purposes therein named, stating in part that it is an appropri- ation if it is set forth in the budget. He continued that there is a difference between expenditures which Council authorized its members to make as distinguished from expenditures made by staff which Council authorized them to make; that the rules are not quite the same under court interpretations. Referring to department heads or employees, Mr. Nicklin stated in part that they must complete an itemized statement which is not only 5. 1-3-67 i CITY OWNED PROPERTY /1 ~". pc ,FLOAT HONOR )';i>P ADJOURNMENT 17:6939 approved by the City staff but by the independent auditor, to make certain that the expenditures are within the amounts appropriated and within the realm of reason. He explained procedures of other cities and concluded his remarks by stating in part that if the budget is not specific as to a particular expenditure, especially with respect to the Council, it would be more than proper not only for an itemized statement to be filed, but for the same to be approved or ratified by order of the Council itself. Discussion was held as to the drafting of an ordinance or resolution I to clarify and control the expenditure of public funds by Council members. Upon inquiry Councilman Butterworth was informed that City owned property at Wheeler and First Avenues (old library site) has been listed with the local Realty Board and other realtors. Mayor Forman noted the honor bestowed upon the Arcadia Float entry in the Rose' Parade' on New Year's Day. It received the Governor's Trophy for' the best entry in the theme category. (Theme - Travel Tales in Flowers). Mayor Forman declared the meeting ADJOURNED at 9:25 P.M. Mayor ATTEST: ~)~~ City Clerk ' I .6. 1-3-67