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HomeMy WebLinkAboutJUNE 6,1967 1 INVOCATION PLEDGE OF ALLEGIANCE PLAQUE PRESENTATION ROLL CALL MINUTE APPROVAL EXTENDED RACING DAYS (OPPOSITION TO ASSEMBLY BILL 1082) 1 l7:7025 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JUNE 6, 1967 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 June 6, Rev. Walton W. poering, Our Savior Lutheran Church Mayor Robert J. Considine Mayor Considine, on behalf of the City Council, presented to Messrs. Robert I. Boyd and Harold C. Leitz, retiring Arcadia Unified School Board members, plaques in appreciation for their untiring efforts and devotion to the City. PRESENT: ABSENT: Councilmen Arth, Butterworth, Rage, Considine Councilman Forman Minutes of the regular meeting of May 16, the special meetings of May 23 and 31, 1967 were APPROVED on MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously. TRANSCRIPTION ON FILE IN THE OFFICE OF THE CITY CLERK IN SUMMARY: Councilman Butterworth spoke to the matter of his proposed resolution (No. 3941) opposing night racing and any extension in the number of racing days at Santa Anita Race Track, as authorized by Assembly Bill l082, and which bill was passed by the Assembly on May 23, 1967. Councilman Butterworth stated in part that said bill is currently before the Governmental Efficiency Committee and that it will shortly be sent to the floor of the Senate for consideration. He stated for the record that he was not part of the expressed opposition to the track's activities as reflected in an advertisement in the local press on June 4; 1967. Councilman Butterworth summarized Assembly Bill 1082, which if adopted would permit twenty additional racing days (approximately one calendar month) plus night racing. He emphasized that during his years_on the City Council he found the race track officials to be most cooperative, and stated that in his opinion the local race track was operated as a good business enterprise. He reminded the City Council of its protest against night racing as set forth in Resolution No. 3931, which was adopted May 2, 1967. Councilman Butterworth stated in part that he was not unmindful of the need of the city for the additional revenue that would be provided by the increased admissions tax, but that additional revenue should not be the sole criteria by which the Council should be motivated; that if revenue was to be always the most important consideration for the Council, then under such reasoning the Council could bring into the community poker parlors or any type of activity as long as it produced revenue; that such an attitude could not be compatible with the 1. 6-6-67 l7:7026 principles upon which the community was constructed, nor would it be consistent, in his judgment, with the community which is comprised essentially of fine homes, schools and churches. He stated further that in his opinion an additional month of daytime racing, irrespective of nighttime racing authorized by AB 1082, would accelerate the problems which are experienced in the community during the racing season. Reference was further made by Councilman Butterworth to the 1 opposition to the bill by many organizations in the State of California, including the Council of Churches, local churches, various athletic teams and others. He stated further that the prior resolution of the Council opposing nighttime racing was moot, in that said Assembly Bill 1082 authorizing nighttime racing had in fact been passed by the Assembly, and that it was important now to express opposition to said Assembly Bill 1082; that he recommended the adoption of his resolution which opposed both nighttime racing and extended day racing as authorized in said Assembly Bill 1082, and urged favorable consideration on the part of the City Council. The City Clerk then read into the record the receipt of communications from 1) Edward Schwartz, 183 W. Arthur Street, Arcadia, in favor of night and extended day racing, and 2) letter from the First Baptist Church of Arcadia in opposition. Fred Ryan, Vice President and General Manager of the Santa Anita Race Track, addressed Council at length stating in part that he had received a copy of the proposed resolution and referred to the track's position on night racing; that historically the track has been opposed to night racing, but operating costs are increasing and at some time undoubtedly will reach the tracks income. He recalled that for some time the track has operated on a fifty five racing day schedule plus eighteen days of harness racing and in effect there would only be two additional racing days if twenty days were added to the daytime racing. He explored the manner in which the track and the city police department cooperate in controlling and expediting the traffic. He stated in part that the track is the largest industry within the city and that it is the only sport in the world which polices itself from within and cited one example in this regard. Reference was made by Mr. Ryan to the total amount of admissions taxes the city has received over the past ten years and the participation by its officials and employees in local civic and service club membership and activity in endeavoring to be good neighbors. He explored the additional services which would be required of the city in the event the property (approximately 1 four hundred acres) should be developed into some one thousand residences. He expressed appreciation to the local Chamber of Commerce taking the position of favoring extended day racing but opposing nighttime racing. In answer to an inquiry Mr. Ryan stated in part that the track 2. 6-6-67 17:7027 officials would be willing to accept a zoning restriction prohibiting nighttime racing if same were imposed. This action was recently recommended by the City Planning Commission and will be in public hearing before the City Council on July 5, 1967. Residents spoke to the matter in summary as follows: I George Thomas, 1100 W. Huntington Drive, Arcadia, expressed opposition to nighttime racing but favored additional racing days. Herbert Fletcher, 175 W. Lemon Avenue, Arcadia, suggested that residents in the main moved into the city with full knowledge of the existence of the track. He felt that twenty extra days would not make any material difference. Jack B. Hardwick, 276 W. Las Flores Avenue, Arcadia, stated in part that he was appearing before the City Council on behalf of a group of citizens who were opposed to the track being within the city at all. He read a communication concerning the matter (on file in the office of the City Clerk) and urged adoption of the resolution as presented by Councilman Butterworth. He advised that the aim of his group is to see the complete elimination of the racetrack within the confines of the city, and summarized the background of the acquisition of the track property, compared 1967 attendance figures with previous years, and the charity contributions made by the track. With reference to its monetary losses, which he stated the track is experiencing, he stated in part that this tends toward the demand and need for additional revenue and which would be possible through the increased racing days. In answer to a query he said he was unprepared at the present time to divulge the number of members in the organization. William Odessky, 414 E. Las Flores Avenue, Arcadia, spoke in support of extended racing days, at the same time expressed satisfaction with his tax bill when he compares it with other cities. Mrs. Jack Hardwick, 276 W. Las Flores Avenue, Arcadia, spoke in opposition to the track and the hazard connected with the traffic therefrom. 1 Rev. F. Diemer, President of the Arcadia Ministerial Association, stated in part that he appreciates individual rights and the ability to enjoy those rights, but that evenings are the prime time as far as churches are concerned and the traffic would be impeded by race track congestion to the extent that members would stay away from church meetings. He stated further in part that gambling is the major attraction at the track and concluded his remarks by stating in part that the moral concept is what undermines a community and observed that persons who have lost their funds through gambling do approach the church for assistance. He urged serious consideration of the subject resolution. Mayor Considine then stated in part that he feels all members of 3. 6-6-67 17:7028 the City Council are opposed to nighttime racing and that they have taken action in that regard. However, in keeping with the normal policy of encouraging businesses to remain within the city, he questioned whether or not two additional days of daytime racing woutd be objectionable. Councilman Arth stated in part that if residents were unalterably opposed to the race track they probably would not have located in the city in the first place and expressed more concern with the nuisance connected therewith. He continued in part that 1 while the revenue which would be collected by the additional racing days might not be substantial, still it is difficult to know just what the residents think along this line; that he would support the subject resolution inasmuch as nighttime racing is a part of it and also is an integral part of Assembly Bill 1082. Mayor Considine suggested that perhaps if the city zoned against nighttime racing this particular objection would be eliminated. Councilman Butterworth observed in part that he was not certain in his own mind if the city could zone against nighttime racing; that it is not known as yet what action the Senate will take on Assembly Bill 1082, but that as far as he is concerned he did not think the city could rely on zoning to prevent nighttime racing if the bill in its present form becomes a law. Councilman Hage agreed with Councilman Butterworth to the extent that one cannot look at everything coming into the city strictly on the basis of the amount of revenue it will bring, but that he understood from Mr. Ryan that the track does need additional revenue and that in his own mind the track is another business enterprise in the city which bas maintained its position and moral standards through the years; that he would like to see it remain in the city and felt that the two additional racing days would be profitable. RESOLUTION NO. 3941 Couilcilman Butterworth observed that in his op1n10n nothing of value would be added to society as a result of Assembly Bill 1082, that racing is non-productive and there could well be an increase on the social welfare burden of the people. He then presented and read the title of Resolution No. 3941, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EXPRESSING OPPOSITION TO ASSEMBLY BILL 1082." FAILED TO CARRY 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. 3941 be WAIVED: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman 1 , MOTION was then made by Councilman Butterworth, seconded by Councilman Arth that Resolution No. 3941 be adopted. The resolution FAILED to CARRY due to a lack of a majority vote as recorded below: AYES: NOES: A;;SENT : Councilmeil Art~, Butterworth Councilman Hage, Considine Councilman Forman (See Minutes of July 5) ~ answer to an inquiry from a person in the audience Councilman Butterworth stated that if the matter has not been resolved in Senate by the regular City Council meeting of July 5, he would once again' present the resolution at which time it is anticipated a full Council will be in attendance. 4. .6-6-67 - I HEARING Business permit (KANIN) J--/60 I PUBLIC HEARING SCHEDULED TITLE CHAN~ A f! REVISED CLASS SPECIFICATION 1/.,4, I! FIREWORKS SALES & DISPLAY a.~ R R 1 BANNERS (Red Cross Bloodmobile) tZ.'RR . , 1964 STORM DRAIN BOND ISSUE Project 1402 8;.-<1:t , " fiJJI. 17:7029 Application of Matthew W. Kanin, ~esident of the Late and Mango Corporations, for-'a business permit to operate the bowling lanes and billiard tables at 188 W. Las Tunas Drive. Mr. Kanin is the new owner of said premises. Mayor Considine declared the hearing open and no one desiring to speak to the matter, it 'was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the hearing be CLOSED. MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that the application be approved, that a business permit be issued Matthew W. Kanin for purposes outlined above and . that it be issu~d upon the same conditions as imposed on his predecessor, to wit, prohibition on the sale of alcoholic beverages other than beer on the concourse, the bowling area or in the spectator sections and that the applicant sign an affidavit to that effect. The public hearing required in the recommendation of the Planning Commission as set forth in its Resolution No. 612 concerning zoning regulations pertaining to night horse racing was scheduled for WEDNESDAY JULY 5, 1967 at 8 p.m. MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously that the recommendation of the Personnel Board changing the title of Garage Foreman to Superintendent of Equipment Maintenance be APPROVED. Same to be effective July 1, 1967. MOTION by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the recommendation of the Personnel Board revising the class specifications and consolidation of the Fire Marshall class be APPROVED. MOTION by Councilman Arth, seconded by Councilman Hage and carried unanimously that the request of Arcadia Post No. 247 American Legion for permission to sell fireworks and conduct a display of same in connection with the Fourth of July celebration be APPROVED. The Post will file appropriate public liability and property damage certificates with the City Clerk and any locations for the sale of fireworks which may be on city property will be considered prior thereto by the City Manager. MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that the request of the Arcadia Chapter of the American Red Cross for permission to install two hanging banners concerning its Bloodmobile on each Friday preceding the dates of August 17 and November 9, 1967 and February 1 and May 2,1968 be APPROVED. It was noted that the banners will be at Duarte and Baldwin and Huntington Drive near Bekins Van and Storage Building. Said installation will be to the satisfaction of the Director of Pub lie Works. The City Manager and Director of Public Works advised that the County Flood Control District has informed the City that if unfavorably high bids are received in connection with this project there will be insufficient funds to construct the project in its entirety. It was 5. 6- 6- 67 / AWARD OF CONTRACT (Duarte Road improvement) 1 . //"13 - (j 'AWARD OF CONTRACT (Traffic Signal modification) ..;1:. / I 6 1 17:7030 recommended by staff and approved by Council on MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that an agreement which would allow the City Council, at its discretion, to supplement project funds to the extent necessary to complete all or any portion of said project be executed by the Mayor and City Clerk, in form approved by the City Attorney. It was noted that a similar agreement was approved in connection with Projects 602 and 1401, the effect being to assure the maximum amount of storm drain construction with funds available. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman 1 The City Manager and Director of Public Works noted the tabulation of bids received for Duarte Road Improvement from Holly Avenue to the Arcadia Wash, Job No. 325 and recommended the contract he awarded to the low bidder Louis S. Lopez. Louis S, Lopez Osborn Constructors Griffith Company Fred Weisz & Associates, Inc. Sully-Miller Contracting Co. W. R. Wilkinson Co., Inc. Vernon Paving Co. $48,105.02 49,934.95 53,558.47 55,099.30 55,338.27 56,972.46 59,129.32 Whereupon it was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the low bid of Louis S. Lopez in the amount of $48,105.02 be ACCEPTED, 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 authorized to execute a contract, in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman The City Manager and Director of Public Works noted the tabulation of bids received for Traffic signal modification Job No. 328 and recommended the contract be awarded to the low bidder, C.T.& F, Inc. C.T. & F, Inc. Smith Electric Supply Steiny and Mitchel, Inc. $3,301.00 3,688.00 3,970.00 Whereupon it was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the contract be awarded to C.T.& F., Inc., in the amount of $3,301.00, 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 authorized to execute a contract in form approved by the City Attorney. Said project to be financed with Section 186.1 State Gas Tax Funds contained in the current Gas Tax Budget. 1 AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman 6. 6-6-67 STREET RESURFACING (BID CALL) 1 STREET IMPROVEMENT El Monte Avenue (revised limits) 1- /1 U;. RESOLUTION NO. 3942 Adopted 1 ASSEMBLY BILL NO. 2454 SUPPORTED 17 :7031 MOTION by Councilman Hage; seconded by Councilman Arth and carried qn roll call vote as follows that the plans and specifications for the resurfacing or sealing of various streets and the construction of concrete gutter in two streets, as set forth in a report dated. June 1 by the Director of Public Works be APPROVED and that the City Clerk be and she is hereby authorized to advertise for bids upon receipt of approval from the State Division of Highways. It was noted that the program will be financed from budgeted State Gas Tax funds. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the recommendation of the City Manager and Director of Public Works be APPROVED which will extend northerly' from the Arcadia Wash to Duarte Road the improvement of El Monte Avenue which is currently under construction by Osborn Constructors. The project is being financed from 1966-67 State Gas Tax funds and the estimated cost of the revised limits is $4000 which can be paid from current project funds. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Rage, Considine None Councilman Forman Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3942, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPrING AND SUBMITTING A REVISED PROJECT FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES." MOTION by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows,that the reading of the full body of Resolution No. 3942 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Councilman Butterworth further MOVED that Resolution No. 3942 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman The Director of Public Works recommended support of Assembly Bill 2454 which if adopted would expedite and effect a substantial dollar savings to the ~tate in duplicating paper work and checking appli- cations filed by cities for matching funds provided by gas tax programs. It was MOVED by Councilman Butterworth, seconded by Councilman Arth. and carried unanimously that the City Council endorse Assembly Bill 2454 and that the following Minute Resolution he adopted: RESOLVED: that the City Council of the City of Arcadia does hereby endorse and urge the adoption of Assembly Bill 2454, eliminating gas tax matching fund requirements and streamlining state control of such funds. RESOLVED further that Senator Richardson and Assemblymen JohuoL. E. Collier and Harvey Johnson be advised of the City's position in the matter. 7. 6-6-67 :; LAW SUIT (water line damage) ~7, eb~;, d EMPLOYEE ORGANIZATION CHANGES C-L) ;',Jr', V if.~ . .,. 17:7032 On recommendation of the City Manager and the Director of Public Works, it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the City Attorney be authorized to institute litigation against the City of Sierra Madre to collect the cost of repairing damages to city streets rising out of a break in the Sierra Madre water line; that he be further authorized to employ associate counsel at a cost not to exceed $2500 and to take from time to time whatever steps be deemed to be necessary with respect thereto. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman 1 (The following matter fully recorded and on file in the office of the City Clerk:) The City Manager summarized his report dated June 2, 1967 concerning recent changes in the employee organizations, wherein it was set forth that approximately 50 employees from the Public Works and Water Departments have become affiliated with the local 606 American Federation of State and County Municipal Employees; that the Arcadia Employees' Association has reorganized; that meetings have been held with representatives of both organizations which procedure will be continued and that any requests will be brought to the attention of the City Council. The report further set forth that the union is requesting a union shop for employees at the city yard, which proposal would require all employees at that location to join the union within 30 days. In this connection the City Manager stated in part that every employee should have the right to join an employee organization if he so desires; he should also have the right to refuse to join if that be his preference; that a union shop would appear to be in conflict with this policy and law in that it denies an employee the right to decline to join an organization. With reference to a second request that the City collect union dues by payroll deductions and forward same to the union representatives, it was advised that a similar request from the Employees' Association was denied about a year ago on the basis that collecting dues was not a proper function of city government and that it appears necessary to follow the same course of action at this time. He advised both organizations will be submitting suggestions concerning salaries, job classifications, fringe benefits and the like and that the Manager's office will always be available to discuss these matters. Mayor Considine expressed surprise that a new organization had come into being, but he felt employees do have the right to join any organization they so choose; that it is not the intention of the City Council to deny them the privilege but in his opinion it would be completely inappropriate to force a closed shop approach on all employees; that it would also be inappropriate to undertake any payroll deduction approach for any group of employees; that this should be a function of the union. 1 Henry Fiering, full time union employee and representative of the AFL-CIO, explored the background of said union, its aims and purposes, activities and membership. He stated in part that the employees who have evinced an interest in joining the union have done so because they are not satisfied with the results of the Employees' Association 8. 6-6-67 1 1 ROUTE TO BE ADDED TO THE FREEWAY SYSTEM 17:7033 and feel they may have a voice in working conditions by becoming affiliated with the union. In explanation of some of the policy changes which have been made without consultation with the employees he mentioned the change in holidays and the existing salary schedule which in his opinion should be raised to the levels in adjacent areas for public employees. With reference to payroll deductions Mr. Fiering stated in part that the City has the experience of deductions and noted the credit union for one. In concluding his extensive remarks he urged the City Council to favorably consider payroll deductions and recognize the employee's desire for union affiliation. Mayor Considine stated for the record that it is not nor has it been the intent of the legislative body to treat the employees in any way other than the way in which the Council would like to be treated; that if there have been instances where this has not been the case the Council would like to remedy the matter and would be more than willing to discuss it with the union representatives. He .observed that the employees expressing a desire for union affiliation represent a fraction of the total complement of city employees and that the Council endeavors to treat all in the best possible manner consistent with the will of the people and the funds they place at its disposal. Earle Pulsifer, water department employee and President of the newly formed Arcadia Chapter of AFL-CIO, referred to the denial by the city of the request of the Employees' Association for payroll deductions (mentioned earlier by the City Manager) and stated in part that at that time the bookkeeping machine used for preparing payroll checks did not have sufficient bar spaces to accommodate further deductions, but since then payroll deductions have been made for additional deductions and for this reason the original basis for denial is no longer valid. In further discussion it was noted that the request is for a union shop requiring an employee to join within 30 days; that it should be a voluntary choice; that the employees' credit union, which has its payroll deductions made by the city, is not a bargaining group and in answer to a query by Mr. Fiering, Mayor Considine stated in part that a vote of the City Council would make it the official policy of the City whether or not to permit payroll deductions. Following a MOTION by Councilman Hage, seconded by Councilman Arth and carried unanimously that the request for a union shop requiring employees to join within 30 days be denied, and that the request for payroll deductions in connection therewith also be denied, Mayor Considine stated that the Council has now formulated a policy. The City Attorney explained that there are State Code Sections which make some deductions mandatory, and sections which make them permissive; that the Section dealing with deductions for employee organizations specifically states that the governing body may authorize deductions for members of organizations, the purpose of which is to improve working conditions of the employees, upon such terms and conditions as the legislative body may specify; that this type must come before the City Council. In considering the City of El Monte Resolution No. 3487 urging that Route 243 be designated as part of the interstate system of freeways, the City Council concurred in the advantages of such a connection 9. 6- 6- 67 '/ 17:7034 between the two east/west freeways and in order to expedite the construction of this section it was MOVED by Councilman Arth, seconded by COuncilman Hage and carried unanimously that the following Minute Resolution be and it is hereby ADOPTED: ,RESOLVED: that the State of California and the Bureau of Public Roads consider the addition of Route 243 in the.lnterstate System of Freeways. 'RESOLVED further that Senators Murphy and Kuchel, Congressmen Wiggins and Lipscomb be advised of the city's position in the matter. THE FOLLOWING MATTER RECORDED AND FILED IN THE OFFICE OF THE CITY CLERK. NEW REVENUE In presenting the requested plans for avenues of additional revenue, the City.Manager advised that he had met with various persons and organizatio~interested in discussing the financial position of the City and summarized the individual plans which reflected present and proposed revenue therefrom. Plans were also presented based on gross receipts, however, the City Council was unanimous in its determination that this particular method should not be followed. Extensive consideration ensued on the increase to be derived from each plan, the appropriate amount to be placed in the contingency fund of the budget which would be used for unknowns, and more realistic business license fee approach, it was noted that the latter has not been changed since 1949, however, Council was firm in its desire to not place any undue hardship on the business owners. In exploring avenues of still further new revenue, it was brought to the attention of the Council by Councilman Hage that from his obser- vations and personal contacts with various merchants he has found it to be a common complaint that with the added 4~ per pack city sales tax customers are going to adjacent communities to purchase not only cigarettes but other items as well. That from his information cigarette sales has dropped since the tax was imposed. It was noted that the tax has been in effect for 30 days and it was the consensus that if the situation has not improved within 90 days the Council should consider taking steps to repeal the ordinance. (The tax is collected quarterly.) It was also emphasized that if this tax were to be eliminated a substantial sum of money would have to be recovered in other avenues to make up the anticipated revenue from such sales. . - In further discussions concerning the plans, Council expressed tentative approval of Plan I with a modification of Category for Professional Services as suggested by Councilman Arth, reducing the license fee to $25 plus $10 for associates and $5 per each employee. For the benefit of those in the audience Mayor Considine explained Plan I as follows: Retail outlets, manufacturing wholesale and services $25 per year plus $5 per year per employee with no maximum $25 per year, plus $10 per' year per associate, plus $5 per year per employee $25 per year '~ofessional services Wheeled vehicles He explained that other categories will be reflected in Special Categories having miscellaneous fees. 10. 6-6-67 1 1 17:7035 It was explained that by the middle of August a qetermination must be made on the total amount of money necessary to be raised by taxation; that the tax rate is then computed by the County Assessor; that the amount necessary for taxation cannot be raised thereafter. , " James Harvey, President of the local Chamber of Commerce, expressed the hope that only after everything has been done to reduce the j' I' budget that new avenues of revenue be considered, and referred to the forthcoming public hearing on the final budget at which time additional recommendations may be forthcoming. 1 James Wallin, 1747 Oakwood Avenue, President of the Taxpayers' Association,expressed.the desire to work with the Chamber of Commerce and the Council in an effort to.reduce the budget and indicated his concern for the taxpayer. He questioned the definite need for the amount proposed in the budget. In answer to.his query as to what would happen to the additional revenue of approximately $100,000 (estimated) which would be forthcoming from the admissions tax if 22 days were added to the present racing days, Councilman Butterworth observed that 'in'his opinion the Council would be ill advised to count on that amount; the State has not approved the extended days and if as reco~nted by Mr. Ryan there would in fact be only two additional days, that he could not see gaining that amount of revenue inasmuch as the City receives only approximately $300;000 for the entire racing .~eason. Ray Jones, 1221 S. Ninth Avenue, Arcadia, spoke concerning the amount of redu~tion the various chairmen of the Taxp~yersl Association had recommended ($125,000) and stated in part that the association had never been in favor of an increase in the business license fees. He cited a few examples of possible reduction and asked Council to keep an open mind on both reduction and the method of raising additional revenue. The Council noted the extensive study and review which has been given the proposed budget, the ,necessity of sufficient time for the City Attorney to prepare appropriate ordinances and felt it should proceed at this point; that should a better plan be brought to its attention at or prior to the public hearing an opportunity would be afforded for consideration of any alternate plan. MOTION In approving Plan I as submitted by the City Manager, Councilman Arth MOVED that the City Attorney be instructed to prepare an ordinance incorporating Plan I relating to increased business license fees, as MODIFIED on Professional Services. The motion was ,SECONDED by Councilman Hage and carried on roll call vote as follows: 1 AYES: NOES: ABSENT: Councilmen Arth, Butterwo~th, Hage, Considine , None Councilman Forman PROPOSED PROPERTY The City Manager then presented for consideration the possibility of TRANSFER TAX imposing a property transfer tax which tentatively could produce revenue in the. amount of $60,000. The communication opposing the tax from the Arcadia Board of Realtors was made a matter of record, as were letters from the Taxpayers' Association and the local Chamber of Commerce. Paul Doeshal, 44 E. Foothill Boulevard, Arcadia, advised that the local Board of Realtors were one hundred percent opposed to this particular tax, that in its opinion it is a dangerous tax, one that would be difficult to control or maintain at a definite percentage 11. 6- 6- 67 7 l7:7036 and commented that it is possible the State may eventually adopt such a tax law. He continued that he would prefer to see an increase in the real property tax (currently $1.05 per $100 assessed valuation) and felt that it was a mistake to have lowered it a few years back. He asked that no action be taken on this matter at the present time. Mrs. Arthur Reiter, 210 W. Orange Grove Avenu~ spoke in favor of the property transfer tax and suggested consideration be given to increasing the parking fee at the race track. She also spoke in support of the recreation activities. Councilman Butterworth observed that the Council too is greatly 1 concerned about the high cost of government and have given a great deal of time and effort to the study of the proposed budget, whereas those speaking on the subject have been interested in it for a relatively short time and cannot possibly have assimilated the matter in that period. He noted that police and fire services make up 50 percent of the budget, that it is still necessary to serve the city in other ways. Mayor Considine stated for the record that when the Council began its review and consideration of the budget it was with economy uppermost in mind. He noted that it was last November when problems of additional revenue were first presented, that the City Manager was instructed to be severe in his scrutiny of all departmental requests, that hours upon end have been spent in trying to pare out everything which seems unreasonable, improper or unnecessary, that it was realized the Council would be subject to just as much criticism if it reduced the budget to the point where services would suffer. He continued that Council has heard the suggestions and complaints of spokesmen for the Taxpayers' Association, perhaps 50 people out of a population of 47,650; that the others must also be heard from as well, i.e., parents who desire the recreation program, those desiring accelerated police services, etc. He appealed to the citizens and organizations to consider what is best for the entire city in the same manner Council must when preparing for the needs of an ensuing year. It was the consensus of the Council that the same procedure be followed for the proposed realty transfer tax as for the business license fee increases; that the City Attorney go ahead and prepare an ordinance providing for the collection of a tax of one-fourth of one percent of the value of real property transferred, that if 'the local realty board presents an acceptable and reasonable recommen- dation far areas of reduction in the budget which would equal the amount of money necessary to balance the budget and for which the new tax is being proposed, same would be seriously considered. Council could then either hold or not introduce the proposed ordinance, but at least the necessary groundwork would have been covered. 1 Whereupon it was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the City Attorney prepare an ordinance providing for a tax of one-fourth of one percent of the value of real property transferred (change of ownership of or title to real property). This will then be considered at the next regular Council meeting of June 20, 1967. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Inasmuch as Councilman Butterworth and Mayor Considine will be out 12. 6-6-67 1 1 CHICAGO PARK 8' !. rM, e~ . .~ ' ','" - 'i/:t}"'lr.1.J -- U ,~ F'ID11- l7:7037 of the City during the next two weeks, it was requested that Councilman Arth and Hage along with the City Manager meet with officials of the Race Track to ascertain whether or not there are ~venues of assessment in its operation; that the Council give consideration to the proposed additional business license fee and property transfer tax; that the residential population be asked to share in the funding problem as the business community is now doing. Reference was made to the possibility'of a telephone gross receipt as a potential revenue, but this is an uncertainty at this time. The possibility of a repeal of the cigarette tax was also emphasized. Dr. John Stewart, 864 Monte Verde Drive, Arcadia, addressed Council objecting to Councilmah Butterworth's earlier opposition to Assembly Bill 1082 (authorizes night time racing and increases the day time racing season approximately one calendar month.) He stated that Mr. Butterworth should not take such a position, i.e., against Assembly Bill 1082, and then talk about increasing taxes levied against the race track. Mr. Stewart stated that any new taxes were unnecessary; that any city deficit, in his opinion, should be met by simply raising the real property taxes. The suggestion of the Taxpayers' Association for the elimination of various positions as a means of economy was explored. It was noted that the Council has done much toward developing the downtown area through the purchase of land and beautification of the area; that an endeavor is being made to distribute the cost of an efficient high quality community government over a broad prospective but that it is becoming apparent that everyone cannot be satisfied. As requested by Council the items covered in these deliberations will be reported upon, i.e., l) cigarette sales tax, 2) business license fees as set forth in Plan I as modified, 3) possible increased ad- missions tax or parking fees and 4) real property transfer tax. All will be considered prior to and at the public hearing scheduled for Wednesday June 28. The City Attorney advised that some time ago the City had been served with complaint and summons in an action,to quiet title to properties in Chicago Park, including portions of sQme of the streets; that the Director of Public Works recommended that the City appear in the action and seek to retain the streets; that the Chicago Park Study prepared by the City staff, approved by the Planning Commission and filed with the City. Council, recommended in part that proceedings be instituted to vacate Dearborn and La Salle Streets and Myrtle and Monroe Avenues. He advised the Council that the City could appear in the action, setting forth its claims to the easements; could file a disclaimer of any interest in the property; or could allow the matter to go by default. That if the City were to appear in the action, he would recommend that the City Attorney be authorized to employ associate counsel in the matter; that the matter was not as simple in law as it is in fact; that there are questions concerning the validity of the subdivision map, of the dedications purportedly made thereby, of the sufficiency of the acceptance of the dedications, and the application thereto of recent sections of the Code of Civil Procedure concerning dedication of unused streets. Mr. Thomas Comparet, attorney for plaintiffs in the quiet title action, suggested that the City Attorney be authorized to file an appearance in the matter at this time and a certificate of readi- ness, inasmuch as certificates of readiness had been filed with respect tp all parties appearing in the action, and that he file a disclaimer at a future date in accordance with instruction to be given by City Council. 13. 6-6-67 17:7038 It was the consensus of the City Council that the City Attorney file an appea~ance in the pending quiet title action, that he file an answer or a disclaimer at a future date when so instructed by the City Council, and that he be authorized to employ special counsel to the extent he deems necessary with respect to court appearances. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1350, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 5 OF PART 7 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE CONCERNING CONDITIONAL USES." ORDINANCE NO. 1350 Adopted I MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1350 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Councilman Hage further MOVED that Ordinance No, 1350 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 135l, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9113.1.2, 9122.1, 9275.2.2, 9291.2.1, 9292,2.2 AND 9293,2,1 OF THE ARCADIA MUNICIPAL CODE CONCERNING PLANNING APPLICATION FEES." ORDINANCE NO. 1351 Introduced 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. 1351 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Councilman Arth further MOVED that Ordinance No. 1351 be introduced. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1352, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7531.1.2 OF THE ARCADIA MUNICIPAL CODE CONCERNING WATER CHARGES FOR FIRE SERVICE." AYES: NOES: ABSENT: ORDINANCE NO. 1352 Introduced Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman 1 MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of 14. 6-6-67 1 EVENT WAB&PA Approved 1(~ EQUIPMENT PURCHASE (steam cleaner) pr tgf ~L FOOTHILL FREEWAY MEETING ORDINANCE NO. 1345 1 'W'"_~ 17 : 7039 Ordinance No. 1352 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Councilman Hage further MOVED that Ordinance No. 1352 be introduced. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the West Arcadia Business & Professional Association be granted permission to conduct an antique car show on Saturday June 14 between lO a.m. and 5 p.m. on the sidewalks between the trees on the east and west sides of Baldwin Avenue between Duarte Road and Naomi Avenue. It is understood that members of the organizations furnishing the cars will be in attendance at all times and the vehicles will be adequately roped off to completely insure the safety of the public. The City Manager advised that a steam cleaner has become completely inoperative and is beyond repair. He recommended the purchase of a new steam cleaner. Funds are in the current budget. MOTION by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the City Manager be authorized to purchase one steam cleaner with funds reflected in the 1966-67 budget. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine None Councilman Forman Councilman Hage will attend the forthcoming meeting on the Foothill Freeway on June 15 in the City of Glendora. Legislators will be present. The City Attorney advised of the termination date of June 16 of the provision as contained in Ordinance No. 1345 concerning the issuance of temporary permits. He will present the matter at the next regular Council meeting. Mayor Considine adjourned the meeting at 12:18 a.m. June 7, 1967. ii~~R~~ City Clerk 15. 6- 6- 67