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HomeMy WebLinkAboutJULY 5,1967 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (6,6,67 6,20,67) RESOLUTION NO. 3941 (Re Assembly Bill 1082) 1 17:7055 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JULY 5, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on July 5, 1967 at 8 p.m. Rev. J. Davis Barnard, Arcadia Presbyterian Church Mayor Robert J. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the Minutes of June 6, 1967 be APPROVED. Camcilman Forman abstained from voting as he was absent from said meeting. MOTIONby Councilman Forman, seconded by Councilman Hage and carried unanimously that the Minutes of June 20, 1967 be APPROVED. Councilmen Butterworth and Considine abstained from voting as they were absent from s~id meeting. .) This resolution had been before the City Council on June 6, 1967 and the result had been a tie vote. Inasmuch as one member of the Council was absent, Mr. Butterworth had stated that if the bill had not been voted upon in Sacramento he would present it once again at this time. Although this was not a scheduled public hearing Mayor Considine permitted persons to speak to the matter asking that only new evidence be presented. Jack B. Hardwick, Chairman of the Citizens against Santa Anita, stated in part that as yet the subject bill had not been passed by the Senate and suggested that persons direct telegrams to Governor Reagan expressing their objection to nighttime racing and extended day racing. He explored in detail statistics of a crime rate over the past ten years which he stated were obtained from the Arcadia Police Department files, adding that if the twenty additional days were permitted the crime rate could be expected to increase pro- portionately. He compared the anticipated revenue to the City from the additional racing days with the increased costs of prosecution measures necessary in traffic citations, arrests, etc. He recounted what in his opinion were inconveniences placed on the taxpayers by the presence of the track within the city. Arcadia Police Chief Seares stated in part that he could not quarrel with Mr. Hardwick's presentation as he had furnished the statistics to him. He did however take issue with the interpretation of the figures; that a considerable change in the population had taken place from 1957 to date; that crime does increase during the winter months because of the long hours of darkness and that whenever large numbers of people come into a city for conventions, races, baseball games and the like the police do have increased problems. He concluded by . stating in part that too much significance cannot be placed on the 1. 7-5-67 17:7056 number of citations issued during the racing season unless a study in depth is made as to location, day of the week and the parties involved. Stephen La Salle, 1222 S. Third Avenue, Arcadia, referred to an advertisement carried in the local press concerning the race track; that he had attended the subject council meeting and Mayor Considine and Councilman Hage had stated they were not in favor of night racing whereas the advertisement indicated otherwise. Mayor Considine clarified the situation by advising that Council had adopted a resolution opposing nighttime racing and that same had been submitted to State Assembly and Senate representation; that personally he did not feel that 20 additional racing days would be harmful. 1 Communications were filed with the City Clerk, 1) Walter Hoefflin, Administrator of the Arcadia Methodist Hospital opposing nighttime racing due to the traffic and security problems connected therewith, and 2) Charles Neuberg, 1732 Vista Del Valle, setting forth that no conclusive arguments have been presented indicating the additional days of daytime racing would be detrimental. Mr. Hardwick presented 14 newspaper clippings signed by 19 residents against the race track. In reply to a question by Mrs. Howard Roach, 301 Harvard Drive, the City Attorney stated in part that there is absolutely no question that the State can occupy the field and they do so day in and day out; that the Supreme Court has sustained and the Constitution clearly states that local agencies may enact such police, sanitary and other regulations as are not in conflict with general laws. The real question is whether they have already or will preempt the matter. Mrs. Roach then suggested that the bill be opposed in its entirety and referred to the growth of the city since 1934 and wondered if the schools, Parent Teacher organizations, churches and the like favored the additional days and nighttime racing. James Harvey, President of the local Chamber of Commerce, commented that the Chamber opposed night racing and had gone on record as approving the extended day racing; that no action had been taken on the subject bill. Dr. Tom Banigan, 925 Paloma Drive, concurred in the remarks made by Mrs. Roach. Ray M. Rogers, representing Santa Anita Race Track, stated in part that last year the track paid over $320,000 in Arcadia Unified and Junior College taxes and reviewed the variations in the number of days of racing since 1934, recalling that in some years it was 65, 58 and at times as many as 90 days during the harness racing seasons. 1 No one else desiring to be heard it was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the hearing be CLOSED. Councilman Butterworth submitted that the subject matter is a resolution expressing opposition to Assembly Bill 1082; that it is not against day racing per se, that he is unable to understand why there should be any hesitancy in expressing opposition to the bill; that while it does extend daytime racing it also authorizes nighttime racing. He referred to opposition to the bill throughout 2. 7-5-67 1 RESOLUTION NO. 3941 Failed to carry 1 HEARING (Zoning night racing) 17:7057 the State by the Counsel of Churches, California Retailers, Los Angeles Chamber of Commerce and various responsible newspapers. He solicited the support of the City Council in adopting the resolution which is solely against Assembly Bill 1082. May~ Considine referred to the possibility of prohibiting nighttime racing by, zoning for which the groundwork has already been formulated. He mentioned that businesses are encouraged to come in and remain in the city; that in his opinion 20 additional days would not be detrimental; that he could see no purpose in,submitting the resolution in the light of the fact that Council has already acted to prevent that portion which is the most objectionable. Councilman Forman agreed in substance with May~ Considine's remarks, adding that the races will in fact be increased by only two days when one considers the harness racingdays; that he vehemently opposes nighttime racing but that he could see no harm in the extra days - that they would in fact be beneficial. Councilman Arth expressed concern that the City Council may be looking at something which goes beyond the extension of the subject twenty days; that in future years due to the need for further additional revenue the track may seek another extension; that caution should be exercised or the city may turn into a racing community. Councilman Hage voiced his thinking thusly; that he does not vote simply because of a revenue factor; that he is not pro gambling; but that he sees the race track as another business in the city which he would like to see continue. The City Attorney then presented, explained the content 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." 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. 3941 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Butterworth further MOVED that Resolution No. 3941 be adopted. Motion seconded by Councilman Arth and failed to carry as reflected on the following roll call vote: AYES: NOES: ABSENT: Councilmen Arth, Butterworth Councilmen Forman, Hage, Considine None Councilman Butterworth then expressed appreciation to the City Council for its patience and cooperation with him in this matter. Planning Commission Resolution No. 6U recommending the amendment of the Arcadia Municipal Code Article IX, Chapter 2, Section 9273.1.10 as it pertains to Zone S-l (Special Use Zone) with particular reference to horse racing. Mayor Considine declared the hearing open and Simeon Road, addressed the Council stating in Emil' Steck, 851 San part that the reasons 3. 7-5-67 17:7058 against, nighttime racing are obvious; Arcadia is a City of homes; that it is one thing to gear ones residential activities to daytime racing but quite another to gear ones nighttime activities to nighttime racing; that everything undesirable-increases after dark. He submitted that there is an extensive list of why the race track should be zoned against nighttime racing. He commended Robert Strub, President of Santa Anita Race Track, and commented that it is a well run business. He filed an article from a newspaper, "Can gambling balance the budget II and urged unanimous support of the recommendation. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. 1 It was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the City Council sustain the recommendation of the Planning Commission as contained in its Resolution No. 612 with particular reference to nighttime horse racing. AYES: NOES: ABSENT: Councilman Arth, Butterworth, Forman, Rage, Considine None None VARIANCE (Pacific Telephone) The Director of Public Works explained that the Pacific Telephone Company has applied for a variance from Sections 3801 and 3802 of the Unified Building Code, 1964 Edition, and recommended the granting of same under specified conditions which would assure the City of a safe building for present and future use. Jack Dixon, representing the Company, after considering the conditions, stated they would be acceptable and would be complied with. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously. It was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the requested variance be granted subject to the following conditions and as outlined in the Director of Public Works' report dated June 29, 1967. 1. Install a junior fire sprinkler system in the mechanical equipment room. 2. Install a standard fusible wire detection system connected to a fire alarm gong and signal light system located in the operating room on the first floor. 1 3. Install a minimum of two carbon dioxide extinguishers in the telephone equipment room. 4. Install a metal ladder and floor door from telephone equipment room (in basement) to telephone operating room on first floor for emergency escape from the rear of the basement. 5. Use of the basement shall be limited to the uses specified in the letter of request, by the applicant, Pacific Telephone and Telegraph Company. 6. Variance shall expire when the building is vacated, by the applicant, and all future uses shall meet the Building Code or again be reviewed by the City Council. 4. 7-5-67 ALL NIGHT PARKING 1 RECREATION COMMISSION SWIM CLUB RECREATION COMMISSION PLAQUE 1 MAYOR CONSIDINE STATEMENT OF PRINCIPLES , ',' .~ 17:7059 , Discussion held on the report concerning all night parking as prepared by the City Manager, dated June 18, 1967. It was noted in said report that all night parking has been employed by cities for purposes of night crime prevention. Other considerations include pedestrian safety which is a greater problem in Arcadia due to the minimal sidewalks and limited street lighting. The City has been following, a practice of requiring a permit for night parking and Council had requested the report. ' Herbert Fletcher, 175 W. Lemon Avenue, stated in part that he strongly favored the elimination of all cars from the streets during the night; that he could visualize the city with 100,000 residents in 25 years; that each family might have 3 or 4 cars. He asked that some con- sideration be given a method whereby the situation would not grow and . suggested an increase in the permit fee; that the present fee of $12 seems unrealistic to him. The City Counci+ agreed that with an increased fee the problem might diminish. Police Chief Seares explained the procedure and noted that reflective decals are soon to be used enabling the officers to accomplish the task in less time than heretofore. It was MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the matter be referred to staff including the possibility of increasing the parking permit fee. The following communications were ordered FILED: Mrs. L. Glenn Allen, 1921 S. Seventh Avenue, Arcadia, opposing extended racing days or nighttime racing. Edward Schwarz, lffi W. Arthur, Arcadia, favoring daytime extension of racing. Mrs. Alice Wilcox, First Baptist Church Clerk, advising of its support of Councilman Butterworth's Resolution concerning racing activities. The communication concerning maintenance costs of the competitive swim program was filed. It was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the request for the installation of a plaque in memory of George Windsor at the Hugo Reid Park be APPROVED. The following "Statement of Principles" was read in full: '~EREAS, the trend today is for individuals and local communities to become more and more dependent on the federal government; and '~EREAS, this trend is unhealthy and contrary to our basic and original system of individual free enterprise. "NOW THEREFORE BE IT RESOLVED that community needs can best and more efficiently and economically be served by the local community themselves, and that to accomplish this, portions of federal taxation now collected at local level must be relinquished by the federal government, and that such taxation could then be assumed and levied by the local community, i.e. telephone tax, etc. 5. 7-5-67 HUNTINGTON MOTORS BANNERS (temporary) MODIFICATION OF SIGN ORDINANCE HEARING SCHEDULED JULY 19, 1967 SPECIAL COUNSEL Payment PROCEDURAL ORDINANCE WAIVED ENTERTAINMENT to be protested 17:7060 "BE IT FURTHER RESOLVED that such funds would permit local communities to solve their local problems without further dependence on higher government levels, with its incident cost of administration. "BE IT FURTHER RESOLVED that we understand the necessity for higher governmental assistance in programs which extend beyond local communities and become regional in nature, i.e. state and federal highways, airports, national parks, flood controls, and projects of such similar nature. 11 Mayor Considine asked that the legislators on a Federal, State and 1 County level be advised of the fact that American people are still able and desirous of handling their own problems and resist govern- mental preemption by the acceptance of the aforesaid Statement. Whereupon it was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the "Statement of Principles" be accepted and that same be submitted to the proper governmental representatives. Mayor Considine also asked that the Council consider the problems encountered when the Mayorship is rotated each year; that an effort should be made to have a stronger voice at the conference of Mayors. This to be brought up at a later date. The request of the Hntington Motors, Inc., 55 W. Huntington Drive, for permission to display banners and flags.during its campaign sales event (three weeks beginning July 1, 1967) was APPROVED on MOTION by Councilman Forman, seconded by Councilman Hage and carried unani- mously. It was noted that same are to be removed by July 24, 1967. A public hearing on the request for modification of the sign ordinance by the Pacific Savings and Loan Association was scheduled for Tuesday July 18, 1967. The building in question is located at 41 E. Live Oak. It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that $1,187.00 be authorized for payment to Howard Block for services rendered in connection with the newly formed chapter of the American Federation of State, County and Municipal Employees. Mr. Block acted in the capacity of special counsel in labor arbitration. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None 1 In order to consider the following matter the provisions of the Procedural Ordinance were .WAIVED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. The City Manager advised of an application for transfer of liquor license for a business located at l3l~ E. Huntington Drive operating under the name of "The Prancer", and that it has been ascertained that it is the intention of this business, which is under new ownership, to have daily programs of go-go dancers. He continued that inasmuch as this is a part of the downtown area which the Council has been endeavoring to upgrade, it would be the " 6. 7-5-67 17:7061 recommendation of staff that a protest be authorized unless the application is so amended as to preclude this type of entertainment. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that a protest be filed against the transfer of the liquor license at l3l~ E. Huntington- Drive unless the application be amended to preclude the above stated entertainment. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1353, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 6 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW PART 8 ENTITLED "REALTY TRANSFER TAX" AND CONTAINING DIVISIONS 1 THROUGH 3." 1 ORDINANCE NO. 1353 Adopted MOTION by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1353 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Hage further MOVED that Ordinance No.- 1353 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine Councilman Forman None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1354, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE VI OF THE ARCADIA MUNICIPAL CODE CONCERNING BUSINESS LICENSE FEES." ORDINANCE NO. 1354 Introduced MOTION by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1354 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Forman further MOVED that Ordinance No. 1354 be introduced. Councilman Arth seconded the motion which was carried on roll call vote as follows: 1 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. 1355, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9273 .1.10 OF THE ARCADIA MUNICIPAL CODE (DAYTIME HORSE RACING)." ORDINANCE NO. 1355 Introduced MOTION by Councilman Arth, seconded by Councilman Butterworth and 7. 7-5-67 APPOINTMENT YOUTH SAFETY RUN LEAGUE OF CALIFORNIA CITIES J 17: 7062 carr~ed on roll call vote as follows that the reading of the full body of Ordinance No. 1355 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Ordinance No. 1355 be introduced. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: 1 Councilmen Arth, Butterworth, Forman, Hage, Considine None None Mayor Considine appointed Councilman Arth to meet with the Planning Commission and the City Manager to select a firm or individual to ',I' prepare a definitive General Plan for the community. Councilman Forman recounted his experiences while accompanying the local Safety Run and commended Sgt. Neil Johnson and others in charge. Mayor Considine asked those who would be {nterested in attending the League of California Cities' dinner meeting in Inglewood on July 20 to so advise the City Clerk. At 9:55 p.m. the meeting was adjourned. \ ;i~-Z ~ City Clerk 1 8. 7-5-67