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HomeMy WebLinkAboutMARCH 21,1967
17:6980
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
!
MARCH 21, 1967
I
The City Council of the City of Arcadia, California met in regular
session in the Council Chamber of the Arcadia City Hall on March 21,
1967 at 8 p.m.
INVOCATION
Rev. David M. Reed, Arcadia Congregational Church
PLEDGE OF
ALLEGIANCE
Mayor George L. Forman
ROLL CALL
PRESENT:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
MINUTE
APPROVAL
3-7-67
The minutes of the regular meeting of March 7, 1967 were APPROVED as
submitted in writing on MOTION by Councilman Arth, seconded by
Councilman Hage and carried unanimously. Councilman Considine
abstained from voting as he was absent from said meeting.
TRACT
NO. 27504
Tentative
Map
Approved
On MOTION by Councilman Hage, seconded by Councilman Arth and carried
unanimously the tentative map of Tract No. 27504 (extension of Sandra
Avenue) was APPROVED subject to the following conditions as
recommended by the Planning Commission:
f- /099
1. Install all standard street improvements required by the
subdivision ordinance. Improvements, grades and drainage
shall be to the satisfaction of the Director of Public Works.
Existing drainage channel does not provide safe and sanitary
means of storm drainage disposal and shall be reconstructed
by developer and totally enclosed.
2. Provide all easements required for rear line utilities and
install all utilities underground,
3, Remove all trees and structures from the street right-of-
way.
I
4. Remove all structures and buildings within or across the
tract boundary. Such removal shall include the concrete
block wall constructed across Lots 3 and 4.
5. Dedicate street 60 feet wide and maintain uniform parkway
width in cul-de-sac to the satisfaction of the Director of
Public Works.
6. Parkway on south side of Sandra Avenue east of Lot 1, shall
be developed so as to maintain an attractive appearance
without creating a maintenance problem for the City to the
satisfaction of the Director of Public Works.
7. Construct a 6 foot high masonry wall along the southerly
tract boundary to screen the residential area from the
adjacent commercial area.
1.
3-21-67
LIBRARY
FUNDING
1;.-/;;- /
17 : 6981
8. Dedicate a one-foot by 315 feet Trust Lot in accordance with
the provisions of Resolution No. 2512, to be located to
control access from the R-l property on south side of Sandra
Avenue, not a part of this subdivision.
9. Water services shall be to the satisfaction of the Water
Manager as set forth in the Water Department report of
March 3, 1967.
10.
Fees and deposits required:
I
Street lights
Street signs
Street trees
Final approval fee
4 required
none
20 required
11 lots
$170.00
275.00
$445 . 00
Arrange with Edison Co.
11. Final map shall be revised to include the c-o property on
Las Tunas Drive.
At the last regular City Council meeting a determination on whether
or not to hold a special election on the statute limitation reflected
in the Charter for the operation of the Library had been continued to
permit Councilman Considine to be heard. He is liaison to the
Library Board of Trustees.
Councilman Considine stated in part that there appear to be three
proposals for funding the Library, 1) the use of funds as allocated
under the City Charter and adhered to by Council policy during the
past, 2) the option 'to supplement the Charter funds by monies from
the General Fund and 3) the possibility of saying that if Council can
supplement the special monies then they become somewhat meaningless
and therefore perhaps the entire Library budget should be a budget of
the General Fund. He then explored each proposal and the effect on
the taxpayer and observed that, in his opinion, the Council should
determine among itself just what the policy should be. He expressed
a desire to discuss the basic concepts of funding the Library and
then discuss the possibility of a special election.
Councilman Butterworth expressed himself thusly; that he agreed with
a statement made by Mr. Considine, that to take half out of property
tax revenue and the other half out of general funds is not a satis-
factory method. He continued in part that although he had been in
favor of holding a special election because he understood the City
Charter, as worded, prohibited any funding above the 20~ tax limit
now imposed; that an opinion rendered by the City Attorney had
vitiated the premise upon which his thinking had been predicated in I
that it is not a charter limitation, simply increases the capacity
of the City to levy a real property tax. He continued, although he
could not speak for the Charter Revision Committee, a study of that
provision will be made by the Committee and a recommendation may be
made to Council in this regard at the time all proposed revisions are
presented to Council for consideration.
Councilman Considine expressed concern that the Library has had to
curtail services during the past three years in order to stay within
the 20~ limitation; that the Library Board of Trustees desires to be
assured that it will have ample funds to properly operate a library;
that a decision should be made as to whether or not to finance it
completely "out of general funds, in which case it would have to come
to a vote of the people eventually as the 20~ reflected in the
2.
3-21-67
0'"
I
FIRST
MOTION
SECOND
MOTION
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... ;'
I
MAYO-BREED
FORMULA
l-~r:/a
}]few '7
CITY
SAFETY
RECORD
17:6982
Charter is not a true picture of the Library cost.
Councilman Arth stated in part that he did not feel justified in
spending a goodly amount for a special election at this time,
although he is committed to the understanding that the Library
receives whatever funds it needs to adequately operate during the
ensuing year; that it is a matter the Charter Committee could study
and if placed before the electorate a definite policy could then be
determined.
Councilman Hage agreed that a definite consideration should be
forthcoming, but during the interim the Library should be financed to
the extent needed for the efficient operation. He enumerated
services which have been curtailed.
As an alternative to holding an election, Councilman Considine stated
in part that as an interim measure the City Council should meet the
deficiencies, at least to the estimated $18,000 figure and the
Library Board be advised that funds can be provided on a frugal basis,
in which all agreed. Whereupon it was MOVED by Councilman Considine
that the Library Board be advised that the City Council will support
the Library and supply deficiencies to what is considered by the City
Council to be a frugal budget, and based upon preliminary budget
figures it is recognized to.be approximately $18,000. Motion
seconded by Councilman Butterworth and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
With reference to Section 1106 of the City Charter, Councilman
Considine MOVED that the Charter Revision Commi~tee be instructed as
follows: that at the time it presents a revised charter for Council
consideration a definite stand be made so that the monies allocated
therein for various departments be on a restricted or limited basis,
or to have it eliminated and transferred to increases in the General
Fund. He then commented that when the measure is presented to the
electorate it will be.up to the people to determine which way they
choose to go. The Motion was seconded by Councilman Arth and .carried
unanimously.
Mayor Forman observed that in his op~n~on the interpretation of the
City Charter provision on limitation influenced the decision made at
this meeting; that the City Council had previously indicated it would
assist the Library in continuing community services and this has been
done by the above action.
The communication from the County Board of Supervisors concerning
revision of the so-called Mayo-Breed Formula providing for a minimum
of 60 percent of State Highway construction funds to the southern
counties instead of the currently allocated 55 percent, was received.
No action was taken at this time.
The City Council received with appreciation the information that the
City has been awarded first place for its 1966 safety record in the
class of cities of comparable size. A communication commending the
employees will go forth.
3.
3- 21- 67
DONATION
ACCEPTED
RESOLUTION
NO. 3930
Adopted
(funds
appropriation)
STORM DRAIN
PROJECTS
602 and 1401
:r- It) f6
SIDEWALK
PROGRAM
(R-3)
]t.> / /..</
BID AWARD
(El Monte
Avenue)
1- Jllu
17:6983
( ,
The offer of the'Home Savings and Loan Association to donate to the
City an armillary type sun dial was ACCEPTED with appreciation on
MOTION by Councilman Arth, seconded by Councilman Hage and carried
unanimously. The appropriate location to be determined at a later
date.
The City Manager and the Director of Public Works recommended that
the State Highway Commission be petitioned for an extension of time
in the use of funds apportioned to the City pursuant to Section 186.1
of the Streets and Highways Code for the reason that the project for
which the funds are to be used cannot be completed within two years
from the initial apportionment.
I
Whereupon the City Attorney presented, explained the content and read
the title of Resolution No. 3930, entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PETITIONING THE
DEPARTMENT OF PUBLIC WORKS OF THE STATE OF CALIFORNIA, DIVISION OF
HIGHWAYS, FOR PERMISSION TO ACCUMULATE APPORTIONED FUNDS FOR MORE
THAN TWO YEARS."
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. 3930 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
Councilman Arth further MOVED that Resolution No. 3930 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 Council received information from the City Manager and the
Director of Public Works that bids received by the County Flood
Control District for storm drain project Nos. 602 and 1401 were low
enough to permit the total completion of said projects without
supplementation by the City.
The City Council reaffirmed its previous instructions concerning
construction of sidewalks in front of all R-3 properties where non-
existing at the present time, i.e., in any given bloc~.where there
was 50 percent or more sidewalks the property owners were to be
requested to so construct the balance of the sidewalks. Failing in
that, the City would have the sidewalks constructed and by means of
the short form of the 1911 Assessment Act, assess the incurred costs
back to the property owners.
I
The City Manager and the Director of Public Works advised that the
following bids were received for the improvement of El Monte Avenue
from the Wash to Lemon Avenue and from Sandra Avenue to Live Oak
Avenue and recommended that the contract be awarded to the low bidder,
4.
3-21-67
.'
1-///0
I
17 : 6984
Osborn Constructors in the amount of $59.880.20.
Osborn Constructors
W. R. Wilkinson Company Inc.
Vern9n Paving Company
F. W: Richter Construction
D & W Paving, Inc.
Ward T. Miller
Sully Miller Contracting Co.
Louis S. Lopez
Griffith Company
$59,880.20
61,834.77
62,307 .77
62,736.65
63,539.85
65,155.35
68,862.38
72,296.10
76,371. 65
MOTION by Councilman Arth, seconded by Councilman Hage and carried on
roll call vote as follows that the contract be awarded to the low
bidder, Osborn Constructors in the amount of $59,880.20; that all
other bids be rejected; that any irregularities or informalities 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, Butterworth, Considine, Hage, Forman
None
None
AUDIENCE PARTICIPATION
ORDINANCE
NO. 1340
Introduced
I
John L. Christiansen, 1311 Oakwood Drive, asked the City Council not
to proceed with a proposed ordinance which would impose a cigarette
tax. He is the qwner and operator of a vending machine business and
stated in part that it would drive business of that nature to
surrounding cities and referred to experience of other communities.
James W. Brown, 458 Sharon Road, assistant manager of Ralph's
Groceries, also urged the City Council not to impose the
aforementioned tax; that the stores are trying to keep prices down;
that they would favor a State-wide cigarette tax which would then be
uniform.
The City' Attorney presented for the first time, explained the content
and read the title of Ordinance No. 1340, entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO
CHAPIER 6 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE A NEW PART 7
ENTITLED "CIGARETTE TAX" CONTAINING DIVISIONS 1, 2 AND 3."
MOTION by
roll call
Ordinance
Councilman Arth, seconded by Councilman Hage and carried on
vote as follows that the reading of the full body of
No. 1340 be waived:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
Councilman Arth further MOVED that Ordinance No. 1340 be introduced.
Motion seconded by Councilman Hage and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Hage, Forman
None
None
5.
3-21-67
PROCEDURAL
ORDINANCE
WAIVED
DEMONSTRATION
Rescue Team
11,,-", ~
POLICE
COMMENDATION
/J l.#
/f. .Jd', (r,
CONDITIONAL
USE AGREEMENT
(Baldwin Avenue
property)
7- t;:<r-
MARGOLIN
(Appeal to be
filed)
EXECUTIVE
SESSION
NIGHT RACING
(continued)
17:6985
Provisions of the procedural ordinance were WAIVED on MOTION by
Councilman Considine, seconded by Councilman Hage and carried
unanimously.
Whereupon the City Manager recommended the issuance of a permit to
the Sierra Madre Rescue Team to conduct a demonstration. It was so
MOVED by Councilman Considine, seconded by Councilman Hage and
carried unanimously.
I
The City Council received information that a police officer had
extended himself to assist a visitor during a storm and heavy traffic.
On recommendation of the City Attorney and on MOTION by Councilman
Considine, seconded by Councilman Arth and carried on roll call vote
as follows, an agreement in connection with a conditional use permit
between the City and Peck Realty Corporation was authorized for
execution by the Mayor and 'City Clerk. Same pertains to property
formerly owned by the City and sold to said corporation on the
condition, among others, that the two city water mains crossing the.
property would be removed by the City by July 27, 1967. The proposed
agreement provides that the water mains may remain in place and be
used by the City until May 1, 1977, at or after which time the City
agrees to abandon in place and discontinue their use, upon notice by
Peck Realty Corporation so to do.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
The City Attorney explained the chronological background of the City
of Arcadia vs Margolin case. The court recently ruled against the
City on the basis that the City was not damaged and that the liqui-
dated damages in the contract were, in effect, a penalty. Based on
the principle involved, the City Attorney advised that there is some
basis in law for such an agreement and particularly in view of the
amount already expended, he felt that the cost of an appeal was
warranted. It was then MOVED by Councilman Butterworth, seconded by
Councilman Arth and. carried on roll call vote as follows that the
City Attorney's recommendation be accepted and that the City Attorney
and the Special Counsel of record be authorized to file an appeal in
the matter.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Considine, Rage, Forman
None
None
I
Councilman Butterworth asked for an executive session at the close
of this meeting.
Discussion held on the proposed opposition by the City to night racing
at Santa Anita Race Track. The City Attorney read in full the
resolution pertaining thereto and due to insufficient time in which
to study contents thereof, the matter was placed on the next agenda.
6.
3-21-67
CONFERENCE
NEWS MEDIA
I
ADJOURNMENT
TO MARCH 30,
1967
I
'17:6986
Mayor Forman advised of a forthcoming conference on News' Careers.
Said material to be available in the Manager's office.
At 9:35 p.m. Mayor Forman adjourned the meeting to an executive,
session in the Conference Room.
At 9:50 p.m. Councilman
the meeting"to Thursday
Butterworth, acting as
March 30;' "1967 at 7: 30
I ~ r.
City Clerk, adjourned
p.m.
ATTEST:
tPI~/71~ ~/?4~~ /
City Clerk -
7.
3-21-67