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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 /; jh/A~ ... ;' 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