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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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