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HomeMy WebLinkAboutMAY 2,1967 17:7006 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 2, 1967 I The City Council of the City of Arcadia, California met session in the Council Chamber of the Arcadia City Hall 1967 at 8 p.m. in regular on May 2, INVOCATION Rev. Everett Swedenburg, Church of the Good Shepherd PLEDGE OF ALLEGIANCE Mayor Robert J. Considine ROLL CALL PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None MINUTE APPROVAL (4-18-67 4-23-67) Minutes of the regular meeting of April 18, 1967 were APPROVED as submitted in writing on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. Minutes of the adjourned regular meeting of April 23, 1967 were APPROVED as submitted in writing on MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously. HEARING Conditional Uses, Continued from the regular meeting of April 18 - Planning Commission recommendations amending the Arcadia Municipal Code with reference to conditional use sections as set forth in the Commission's Resolution No. 608. Following explanations by the Planning Director, Mayor ~ ~ ~ Considine inquired if anyone desired to speak to the matter. No one r. ~>r~;1? desiring to be heard the hearing was CLOSED on MOTION by Councilman, /0 &1 ~Butterworth, seconded by Councilman Forman and carried unanimously. lh'vI.rL In reviewing the proposed amendments discussion was held on additional changes and it was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the recommendations be APPROVED with the following changes and 'deletions: 1. Change automobile storage to a permitted use only in Zone C-2 or less restrictive zones. 2. Delete the broad use category, "Establishments or enterprises involving large assemblages of people or automobiles". I 3. Delete the broad use, "Institutes of Philanthropic Nature". 4. Change Natural Resources to Zone M-l or less restrictive, or define as public recreational centers. 5. Change automo~ile service stations to be permitted in Zone C-O, or any/re~Hictive zone. eo M 6. Frozen Food lockers to remain as reflected in the Code. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None 1. 5-2-67 HEARING BOWLING SQUARE (new owner) .;!.' 6 7~ EQUIPMENT PURCHASE (bleachers) r) f~M'" cp. t~,". /, ,/ 17 :7007 Application of William H. Noah, dba Vista Management, Inc., new owner and operator of Bowling Square, 1020 S. Baldwin Avenue, for a business permit to allow said operation. The City Clerk advised she had on file the affidavit of publication of the notice of public hearing on the matter. The City Manager explored his report dated April 28, 1967. Mayor Considine declared the hearing open and Mr. Noah presented himself to the City Council, advising that he was aware of and understood City regulations concerning the serving of alcoholic beverages in the bowling alley and would comply therewith. No one else desiring to be heard the hearing was CLOSED ON MOTION by Councilman Forman, seconded by Councilman Butterworth and carried unanimously. I The City Attorney pointed out the advantage of having the applicant include in his application to the Alcoholi~ Beverage Control Board the request that there be included in his license a condition that no alcoholic beverages, other than beer, will be sold, served or consumed on the concourse, bowling lanes or in the spectator sections at said bowling alley; that with this provision should a new owner enter the picture through change of stock or the like then the City need not be so concerned with the change of ownership since the Alcoholic Beverage Control Board license would contain the same condition as the City business permit. It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the permit be granted based on the recommendations of the staff including but not limited to that asserted by the City Attorney to wit; that the application for the liquor license filed by the permittee with the Alcoholic Beverage Control Board contain the provision that as a request from the applicant, that liquor, other than beer, will not be sold on the concourse, bowling lanes and the spectator sections, and that the City Manager be instructed to write a letter to the permittee setting forth the City I S regulations and requesting the permittee to send to, the City Manager a copy of his application which he files with the Alcoholic Beverage Control Board. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Manager advised that the following bids were received for the purchase of six sets of portable bleachers: VENDOR Hercules Equipment & Seating Co. Outdoor Products Co. Russell & Russell, Inc. Superior Scaffold Co. Sefco Inc. PROPOSAL $3,494.00 3,756.48 3,900.00 4,773.60 4,992.00 I" He noted that based on a review of the bid proposals, questions were raised as to whether or not the first two bidders could qualify as set forth in his report dated April 27, 1967, and recommended the award be made to Russell & Russell whose proposal met the City's specifications and who had furnished bleachers for cities, school districts, Navy installations and the like. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the' contract for 2. 5-2-67 17:7008 ~ix sets of portable bleachers be awarded to Russell & Russell in the ~otal amount of $3,900; 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. It was noted that funds are available in the Parks and , , Recreational Facilities Fund. I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None' None TRANSFER OF FUNDS --1/ On MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows transfer of funds (as of November 1, " 1966) was clarified as follows: On said date the City Council authorized transfer of $2,157 from the Library Surplus Fund to cover the employment of Librarian III at a date three months earlier than assumed in the budget. Neither the request from the Library Board nor the Council minutes reflected the schedule of monthly salaries. The letter offering employment to the Librarian III covered 6 months at $685 and 3 months at $719. Since the normal period of employment at the lower step in this classifi- cation is 12 months, the action taken at this time includes the authorization to advance the new Librarian III to $719 after 6 months of satisfactory employment. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, ConSidine None None PROPOSED SA;LE ,OF' CITY OWNED PROPERTY The City Manager advised of a proposal presented to the City by the BBC Development Corporation to purchase on option all of the city owned property on the east side of Santa Anita Avenue between Wheeler and Santa Clara Streets for the purpose of developing and erecting thereupon an eight-story office building. The proposal was set forth in a communication from the attorney for the corporation dated May 1, 1967; offer to purchase is based on $4.20 per square foot which would constitute a total purchase price of $397,084.80, ,with a 30-day option to the buyer for a $1,000 consideration to be paid to the City upon the execution of the option. At the end of said 30-day period an additional 5-month option would be extended the buyer and an escrow would be opened at a local bank to be designated by the buyer wherein buyer would deposit, upon the opening thereof, a sum equal to 5 percent of the total purchase price, i. e. $19,854.24 as a consider- ation for the granting of the 5-month option. Should the buyer fail to proceed with the purchase during said 5-month escrow period the $1,000 theretofore paid and the $19,854.24 shall be forfeited and remain the funds of the City. I' The City Council indicated its willingness to negotiate the sale of the property on terms as outlined. It was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the proposal be approved in principle and that the City Attorney and the Attorney for the Corporation present to the City Council a detailed agreement proposal. Frank Weiss, attorney for the corporation, stated in part that a completion bond will be filed by a reputable bonding company, naming the City as beneficiary to assure the City of completion of the building and that once construction actually starts it should be finished and ready within a year. 3. 5-2-67 SCOUT TROOP RECOGNIZED PROPERTY ACQUISITION BALDWIN & NAOMI -:!-/(S'/ PROPOSED BUSINESS LICENSE TAX REVISIONS 5'. /1"..cf-"1'f>I PROPOSED ANNEXATION NO. 40 ,--I //6;( 17:7009 Mayor Considine recognized the Boy Scout Troop which was visiting the proceedings as part of its Merit Civic Participation endeavors.' In connection with instructions of the City Council legal action to acquire property at the southeast corner of Naomi and Baldwin Avenues has been in progress. The City Manager advised that staff has now reached the point where certain payments to the appraiser and special counsel are necessary. He noted that while Some part of the total cost can be charged to the gas tax project for the widening of Baldwin Avenue, the majority of the cost will come from city funds, and recommended an appropriation therefor. ,.,) Whereupon it was MOVED by Councilman Forman, seconded by Councilman and carried on roll call vote as follows that the recommendation of the City Manager be accepted and that $5,000 be appropriated from Reserve for Capital Improvement Projects Account No. 285 in the General Fund to Capital Improvement Projects Account No. 252, Baldwin- Naomi property purchase, for payment of necessary appraisal and legal expenses AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Manager submitted recommendations concerning increases in the business license fee structure. He advised that no revision has been made since 1949 except for apartments, hotels and motels in 1961 and that the recommendations while above the average are still below the highest-charging cities; that for the services offered in the community the figures appear justified and estimated the 1967-68 increase to amount to about $95,581. Included in his report dated April 27, 1967 was a summary of fee schedules. It was the consensus of the City Council that although a great deal of work is involved on the part of the City Attorney and it would be well to get started, that based on discussion held in the pre-meeting concerning some basic changes in the fragmentation of the entire plan, it was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the matter be TABLED until the next regular City Council meeting giving the City Manager time in which to prepare an integrated report in response to the thinking of the City Council. Councilmen Forman and Hage, appointed as a Committee to meet with Pasadena City officials on April 26 in an endeavor to reach a meeting of minds with respect to the boundaries of a proposed annexation of property located between the two cities, reported as follows: I Councilman Forman outlined the compromise - that Arcadia would claim a narrow corridor lying between Quigley and Michillinda Avenues extending from Foothill to Colorado Boulevard. This would provide Arcadia the needed access to the Anoakia School protecting its present boundaries at the same time. From Colorado Boulevard south, Rosemead Boulevard would be divided down the center line separating the two cities. It was further preferred by Pasadena that Arcadia file separate annexation proposals, 1) area just described north of Huntington Drive and 2) area to the south of Huntington Drive. Councilman Forman stated in part that this compromise was about the 4. 5-2-67 I I ..f{. j It. :;z 17 :7010 best which could be worked out with Pasadena and that in his op~n~on ~f th~s Were not acceptable to Arcadia the Local Agency Formation Commission might not consider any part of it. Counc~lman Hage commented that perhaps the only th~ng gained out of ,he compromise was the promise that Pasadena would not actively oppose ,he city on,the ~nnexation and in return, did not want Arcadia to so do if its proposal failed and Pasadena filed. Discussion ensued with Councilman Butterworth stating in' part that in his opinion the compromise was not in the best interests of Arcadia, that ~t had gained nothing. And in referring'to the thinking of Mayor Considine that Rosemead Boulevard should be in one jurisdiction, he would be willing to compromise on Colorado if Pasadena would yield on Rosemead Boulevard. Otherwise he would rather chance the outcome with the Commission. For the edification of the City Council the two city officials (City Manager and City Attorney) who had attended the hearing before LAFCO, presented their individual interpretations of the proceedings. Councilman Butterworth expressed his preference to annex all of Rosemead Boulevard including the business properties on the west side, except where residential areas exist where' the owners do not desire to be annexed.' Councilman Arth stated in part that in his op~n~on the City should not consider annexing an area that basically does not want to come in; that the annexation should be divided in order to permit the property owners with children attending Pasadena schools to vote as a separate segment. , In order to bring the matter to a conclusion it was MOVED by Counc~lman Forman, seconded by Councilman Hage, that the boundary lines heretofore presented and agreed upon by the appointed committees of Pasadena and Arcadia be APPROVED. ' AYES: NOES: Councilmen Forman and Hage Councilmen Arth and Butterworth Prior to voting Mayor Considine once again voiced his thinking as to the basic concept ,of zoning using the middle of a street as a boundary between cities as being poor planning; that alth~ugh a street may presently be in a State Highway jurisdiction such may not be the case 5 or 10 years hence after freeways and new'highways shift positions and mentioned some instances in fact. He continued that it appeared that the original program could not be accepted and that at this time there is no meeting of minds between the two cities. In further discussion reference was made to the economics. The City Manager had advised that it is a break-even situation from a financial standpoint; that it should be determined if by accepting the compromise would it still be a break-even operation. Some question was made as tq the integrity of the entire annexation proposal. In order to study the economics and to make a determination on whether or not to accept the compromise as outlined, Councilman Forman, with the consent of his second, withdrew'his primary Motion. Hence the matter was tabled until the next regular meeting. It was noted that this would be prior to the next LAFCO meeting. 5. 5-2-67 17 :7011 CHARTER REVISION Mayor Considine read a communication from Mrs. Evelyn Clausen and Mrs. Dorothy Teague opposing any charter change in the method of selecting a City Clerk. Councilman Butterworth spoke to the matter explaining some of the reasons for maintaining the office an elective one and for revising it into an appointive office. Introduced The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1346 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 9266.2.5 THEREOF; BY AMENDING SECTIONS 9261.2.7, 9262.3.1, 9263.3.1, 9265.3.1 AND 9268.6.11 THEREOF; BY ADDING THERETO NEW SECTIONS 9220.25.1 AND 9220.25.2; AND BY ADDING A NEW TITLE 4 ENTITLED "PARKING REGULATIONS" TO DIVISION 6 OF PART 6 OF CHAPTER 2 OF ARTICLE IX THEREOF." I ORDINANCE NO. 1346 MOTION by Councilman Forman, seconded 'by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1346 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Forman further MOVED that Ordinance No. 1346 be introduced. Councilman Hage seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Introduced The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1347 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 9114.17 THEREOF AND ADDING A NEW SECTION 9114.18 THERETO CONCERNING PLAN CHECK FEES." ORDINANCE NO. 1347 MOTION by Councilman Hage, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1347 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Hage further MOVED that Ordinance No. 1347 be introduced. Councilman Forman seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine, None None t Introduced The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1348, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO DIVISION 2 OF PART 2 OF CHAPTER 5 OF ARTICLE VIII THEREOF A NEW SECTION 8522.6 CONCERNING RELOCATION OF PUBLIC SCHOOL BUILDINGS." ORDINANCE NO. 1348 6. 5-2-67 17 :7012 MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1348 be waived: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None ,None Councilman Arth'further MOVED that Ordinance No. 1348 be introduced. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1349 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 7306 THEREOF, AMENDING SECTIONS 7301.1, 7301.2, 7304 AND 7305 THEREOF, AND ADDING THERETO NEW SECTIONS 7300.1, 7301.3 AND 7301.4 CONCERNING EXCAVATION FEES." ORDINANCE NO. 1349 Introduced MOTION by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1349 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None , Councilman Butterworth further MOVED that Ordinance" No. 1349 be introduced. Councilman Arth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None RESOLUTION NO. 3937 The City Attorney presented, explained the content and read the title of Resolution No. 3937, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS SANTA CLARA STREET." Adopted MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3937 be waive?: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3937 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: ", Councilmen ~rth, Butterworth, Forman, Hage, Considine None None 7. 5 - 2- 67 RESOLUTION NO. 3931 Adopted CITY ATTORNEY LEAGUE OF CALIFORNIA CITIES SEMINAR ::/ ~:.d r. ASSEMBLY BILL NO. 70 OPPOSED. # 11.,,'~ (' COMMENDATION ".~ J:' '(' '/, <,' " 17:7013 The City Attorney presented, explained the content and read the title of Resolution No. 3931, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EXPRESSING OPPOSITION TO NIGHTTIME HORSE RACING." MOTION by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3931 be waived: AYES: NOES: ABSENT: Councilmen Arth, But~erworth, Forman, Hage, Considine None None I Prior to adoption Councilman Hage advised that he had contacted State Senator Richardson who had stated that if the City so desires it should express its opposition to night racing in the City. Councilman Butterworth was advised that the present bill concerns night racing only. Brief discussion held on possible extension of racing days. Councilman Hage further MOVED that Resolution No. 3931 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Advised that he will be in Sacramento attending the Conference of the League of California Cities, City Attorneys' Division. The City Council will advise on whether or not any of the members will be able to attend any of the sessions at the League of California Cities' Seminar to be held in Newport Beach on May 18-20. Planning Commission members may also be able to attend various sessions. May~ Considine read a telegram concerning Assembly Bill No. 70 (an act to consolidate municipal and justice courts). It was sent by Kenneth Byer, Chairman of the Committee of Mayors of Los Angeles County, David Pearson, Chairman of the Local Administration of Justice and the Los Angeles County Division of the League of California Cities. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the City Manager direct a telegram opposing the bill. AYES: NOES: ABSTAIN: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth, stating in part that he had no basis on which to vote on the matter. None I ABSENT: Mayor Considine on behalf of the City Council congratulated Wesley McDaniel, Assistant City Manager, on his appointment as City Manager of Hermosa Beach. He expressed deep appreciation for his efforts on behalf of the City and recognized him in particular for his work during the time he was Acting City Manager. 8. 5-2-67 RESOLUTION NO. 3938 Adopted I ADJOURNMENT I 17:7014 The City Attorney presented, explained the content and read the title of Resolution No. 3938, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING A DIRECTOR AND ALTEIUlATE DIRECTOR TO THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES AND RESCINDING RESOLUTION NO. 3874." 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. 3938 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3938 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Mayor Considine declared the meeting adjourned at 10:32 p.m. ATTEST: ' ~~~)~ City Clerk 9. 5 - 2- 67