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HomeMy WebLinkAboutSEPTEMBER 19,1967 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (9-5-67) HEARING (solicitation) -1- //'/3 1 17:7101 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING SEPTEMBER 19, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on September 19, 1967 at 8 p.m. The Rev. J. Wm. Damn, Episcopal Church' of the Transfiguration Mayor Robert J. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None The Minutes of the Regular Meeting of September 5~w~re APPROVED as submitted in writing on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. Application for business permit ~iled by Harold W. Weller to allow door-to-door solicitation for, sales of burial plots in the Live Oak Memorial Park, 200 E. Duarte Road, Monrovia. It was noted that the Arcadia Municipal Code prohibits this manner of solicitation and reference was made to code sections 6425.7 and 6425.8. Mayor Considine declared the hearing open and Mr. Weller addressed the Council stating in part that it is proposed to employ between six and ten salesmen; that they would all have a State of California license; that all city regulations are understood and would be complied with. He advised that arrangements are being made to lease a local office and if the venture proves successful it would continue on an indefinite basis. No one else desiring to be heard the hearing was CLOSED ON MOTION BY COUNCILMAN BUTTERWORTH, SECONDED BY COUNCILMAN FORMAN AND CARRIED UNANIMOUSLY. Discussion ensued on the prohibition against door-to-door solici- tation in the city; that residents are not accustomed to salesmen approaching them in this manner and the possibility was injected that if contacts were made by telephone or mail it would certsinly obviate difficulties. It was noted by the City Attorney that even those who have advance permission from the resident to call st the home still must have a permit, but they would not come under the absolute prohibition of going door to door. It being the consensus of the City Council that they would like to review the application at a later date it was MOVED BY COUNCILMAN BUTTERWORTH, SECONDED BY COUNCILMAN FORMAN AND CARRIED ON ROLL CALL VOTE AS FOLLOWS THAT A PERMIT BE GRANTED HAROLD H. WELLER ON BEHALF OF THE LIVE OAK MEMORIAL PARK TO ALLOW DOOR-TO-DOOR SOLICITATION FOR A PERIOD OF APPROXIMATELY SIX MONTHS; THAT SAID PERMIT BE REVIEWED BY THE CITY COUNCIL AT THE MARCH 19, 1968 COUNCIL MEETING. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None It was noted that the business license fee is to be prorated and this phase will be handled on staff level. 1. 9-19-67 HEARING (rubbish pickup) 1- 6-30 ZONE CHANGE (hearing set) ,./~ TRACT NO. 27276 7" /olil 17: 7102 Application of Paul Mnoian, dba Nu-Way Rubbish Company, for a business permit to allow commercial rubbish pick up by said compsny. The firm is headquartered in Monrovia and Mr. Mnoian is a local resident. The City Manager advised that only five such permits sre allowed under the Arcadia Municipal Code Section 6434.2 and that five are currently licensed. Discussion ensued on the original determi- nation on the part of the City Council to limit commercial rubbish pick up and reasons therefor were explored. Mayor Considine declared the hearing open and Brooks Gifford, Jr., attorney for the applicant, addressed the Council at length ststing 1 in part that it might be a proper addition to the Arcadia statute to require all collection trucks to be of a certain type in order to control any litter emanating therefrom. He explained the type of trucks in use by the subject applicant. He continued that it might be interesting to the City Council if a survey of rates were made; that an easy solution would be to allow free enterprise to set the rates snd not let the City become involved in what amounts to a public utility regulation. Upon inquiry he stated that it was his understanding that Arcadia rates are higher than in other cities and that he could in time compile facts and figures. He urged the granting of the request. An executive of the Los Angeles Refuse Removal Association snd the California Refuse 'Removal Association stated that the applicant is a member and does.a commendable job in rubbish pick up and commented that in instances where cities have opened up the field lower rates have been enjoyed by customers. He urged taking the matter under advisement. No one else desiring to be heard the hearing was CLOSED on MOTION BY COUNCILMAN BUTTERWORTH, SECONDED BY COUNCILMAN ARTH AND CARRIED UNANIMOUSLY. During the ensuing discussion the need for additional information was indicated and the hearing was reopened on MOTION BY COUNCILMAN FORMAN, SECONDED BY COUNCILMAN BUTTERWORTH AND CARRIED UNANIMOUSLY THAT THE MATTER ,BE CONTINUED UNTIL OCTOBER 3; THAT ALL PERMITTEES BE SO NOTIFIED INCLUDING DONALD McCORMAC WHO HAD PREVIOUSLY MADE AN APPLICATION WHICH WAS DENIED. The City Manager will provide a copy of the Ordinance concerned with equipment which is used by Passdena. Mayor Considine, with the consent of the City Council, scheduled a public hearing for October 3 on the zone change applicstion of the National Shopping Centers, Inc., for reclassification from R-O and C-2 to C-2 and D on property located on the northwest corner of Foothill Boulevard and Santa Anita Avenue. (Said request recommended for denial by Planning Commission Resolution No. 619.) On September 5 the subdivider of Trsct No. 27276 (continuation of Los Altos Avenue) had requested the City Council to waive certain conditions imposed in the approvsl of the final map. The City Council referred ssme to the Planning Commission. The Planning Director reported thst the subdivider had decided to comply with all of the conditions with one exception, to wit: 1 "That all excess land, not included within the subdivision which is now part of a lot a portion of which is included within the subdivision, shall be disposed of to the owner of the adjacent property outside the subdivision so as to not become or remain separate lots or parcels." 2. 9-19- 67 1 1 J!--/o/g ,; 17 : 7103 It was pointed out that the subject 20 feet logically should be attached to property it adjoins at 2500 Florence Avenue, but the owner at said address had decided not to accept the deed to this 20 feet which had been offered to him without cost, therefore the subdivider could not comply with this condition of approval. The Planning Director continued that the Commission now recommends that the property be offered to and accepted by the City; that a cash deposit in an amount to be determined by the City Council be deposited with the City to be used to defray some of the expense of maintaining this strip of land; that the Director of Public Works had previously suggested a deposit of $750.00, but that the Commission had suggested that a maintenance deposit not be required inasmuch as it would be a departure from past policy and that any maintenance cost could be collected by the City at the time the strip of land were disposed of to the adjoining property owner. The advantages and disadvantages of requiring the subdivider to retain the strip of land were explored and it was noted that the City is better able to maintain the land perhaps for some municipal purpose than the subdivider. It was then MOVED BY COUNCILMAN FORMAN THAT THE RECOMMENDATION OF THE PLANNING COMMISSION BE SUSTAINED, THAT THE SUBJECT 20 FOOT STRIP BE DEDICATED TO THE CITY AND THAT THE FEE AS INDICATED BE REQUIRED. The subdivider briefly addressed the City Council at this point referring to improvements which he has built within the City and commented that he wanted to give the land away not to sell it; that he did not feel he should pay any more. The motion was seconded by Councilman Butterworth who suggested an amendment thereto. He explained that in his opinion the subdivider has done everything he could to convey the property, and through no fault of his own is unable to so do and that he would suggest that the subdivider not be required to pay $750.00 but that he be required to put in some initial landscaping not to exceed the cost of $150. COUNCILMAN BUTTERWORTH THEN MOVED THAT THE ORIGINAL MOTION BE AMENDED THUSLY: THAT THE SUBDIVIDER DEED THE 20 FOOT STRIP OF LAND TO THE CITY; THAT THE CITY ACCEPT THE PROPERTY AND THAT THE SUBDIVIDER, PRIOR TO DEEDING THE LAND, LANDSCAPE THE SUBJECT AREA WITH TREES AND/OR SHRUBS SATISFACTORY TO THE PLANNING DIRECTOR AND THE DIRECTOR OF PUBLIC WORKS, COST OF SAID PLANtING NOT TO EXCEED $150. The motion was seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine Councilman Forman None Roll call vote was then taken on the primary motion as amended: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The Plsnning Director then commented that it might be Council to consider there may be a need in the future regulations in similar situations in that most of the be developed has already been improved and that there desl of redevelopment transpiring at the present time well for the to modify the lsnd which can is a great and that there 3. 9-19- 67 17:7104 may be. occasions when the City may have to depart from the normal procedure in. order to bring about a proper development. ASSEMBLY JOINT RES. NO. 29 (2'Xd (/ Discussion ensued on the request of Assemblyman Bob Monagan, 12th District, for support of AJR 29 relative to governmental tax sharing and urging Congress to enact a workable and realistic tax sharing program in order to make more tax funds available to State and Local governments. Assemblyman Monagan asked municipalities to consider the federal tax sharing as a means of alleviating inequities in the tax structure and join by resolution,or in any other way, with the legislature in requesting Congress to act. 1 The views of the individual Council were as follows - in part: Councilman Forman referred to his attendance at the Mayors' Conference in 1966 at which considerable emphasis was placed by the States for this type of remedial action as far as taxes were concerned but it had not met with much success; that he supported the effort at that time and he felt the subject resolution is a step in the right direction. .. Mayor Considine expressed strong feelings in the particular area; that in his opinion for economic reasons the Federal Government should not collect such taxes to ,begin with; that it should be concerned with matters on a federal tax level and that the state and city should likewise be concerned with matters on its own level. He felt that cities should be permitted to collect taxes which the city needs directly and to utilize such funds without dependence on the federal government. Councilman Butterworth stated in part that he believed in Mayor Considine's views, but in a way this appeared to 'be in the right direction in that it could ease the burden on local government; that he agreed cities do not want to become more dependent and hoped the federal government would put an end to economic waste. Councilman Arth felt there is logic on both sides; that he would tend to concur with Mayor Considine in that the preferred way to render some tax relief would be to reduce the federal taxes, excise or income, because the monies could then be levied more realistically on a state and city level. Councilman Hage indicated this appesrs to be a step in the right direction in order to retrieve some of the money and for that reason he would support the resolution. Councilman Forman agreed that home rule is by far the best but that the objectives of the subject resolution may have some bearing in the 1 future. He then MOVED THAT THE CI1Y COUNCIL SUPPORT BY RESOLUTION AJR NO. 29. Councilman Hage seconded the motion which was carried on a 3 to 2 vote as follows: , AYES: NOES: ABSENT: Councilmen Butterworth, Forman, Hage Councilmen Arth, Considine None RECESS Council recessed for approximately three minutes. 4. 9-19- 67 REALTY PROPERTY TAX - 9/ ~tM{ 1 CARNIVAL PTA f/[ P If t7J.P/J1.--tp~ LIGHTING MAINTENANCE DISTRICT 30 ~//7~ BANNERS fl.' P f? . 'tl;i1-rf;J CONTRACT AWARD DEFERR/ 1 CIRC;q : p)1' ,~, ., /,: SIGNS /;)' STREET IMPROVEMENT 17 :7105 Mayor Considine read in its entirety a communication from the Arcadia Board of Realtors urging the City Council to rescind the ordinance imposing a realty property tax on properties transferred by sale within the City. It was requested that same be made on a retroactive basis. Mayor Considine also read in its entirety a response with which the City Council concurred. The subject reply advised that the City Manager is keeping informed on the progress of the implementation of Senate Bill No. 837; that the matter will be reviewed if and when an agreement has been prepared for City-County participation. It was MOVED BY COUNCILMAN ARTH, SECONDED BY COUNCILMAN HAGE AND CARRIED UNANIMOUSLY THAT THE MAYOR BE AUTHORIZED TO AFFIX HIS SIGNATURE TO THE LETTER AND THAT SAME BE DIRECTED TO THE ARCADIA BOARD OF REALTORS. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried unanimously that the request of the Camino Grove PTA for permission to hold its annual carnival on school grounds on October 20 between 4 p.m. and 9 p.m. be GRANTED. Insurance satisfactory to the City Manager to be provided. The report submitted by the City Engineer on Lighting Maintenance District No. 30 was approved on MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously. (Resolutions Nos. 3958 and 3959 adopted later in the meeting). It was MOVED by Councilman Butterworth, .seconded by Councilman Forman and carried unanimously that the San Gabriel Lapidary Society be permitted to hang one banner across Huntington Drive (opposite the old Chamber of Commerce Building) between October 1 and October 16. This will publicize the fourth biennial gem and mineral show, the exhibit to be held in the Masonic Temple, 50 West Duarte Road. Such permission. granted subject to full compliance with regulations. On MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously the award of the contract for the furnishing of two lawn mowers was deferred until the regular meeting of October 3, thereby providing sufficient time for staff to prepare a report on costs of contracting with an outside firm for the city gardening. On MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously (Mayor Considine abstained from voting due to his personal affiliation) the request of the Holy Angels Church for per~ission to conduct a circus on church gFounds on October 1 was GRANTED. Any fee connected therewith was waived. On MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously the request of the House of Pancakes for permission to display two signs on, its building at 1113 S. Baldwin Avenue was DENIED with regret. It was noted that the proposed signs would be incompatible with the sign ordinance. On MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously the staff was instructed to prepare a letter to be signed by Mayor Considine urging the completion of Santa Anita 5. 9-19-67 PROPOSED ANNEXATION AREA :/., !Ib~ ;j~_1; FORMAN ".--- ORDINANCE NO. 1361"""'- Adopted ORDINANCE NO. 1362 /' Adopted 17 :7106 Avenue north from Colorado Boulevard for the welfare and safety of the public. This is the strip under construction in connection with the new freeway. The City Manager advised that he had received a report indicating that the Michillinda Park Association is making a study of the possibility of incorporation of the area between Duarte Road on the south, Pasadena and San Marino boundaries on the west, Pasadena on the north and Arcadia on the east. It was noted that Councilman Forman has been nominated as Treasurer of the Los Angeles County Division of the League of California Cities. The City Council expressed good wishes and offered support. 1 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1361, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 7301.2 THEREOF CONCERNING EXCAVATION FEES." 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. 1361 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Forman further MOVED that Ordinance No. 1361 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1362, e!1titled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7523.4 OF THE ARCADIA MUNICIPAL CODE." 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. 1362 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None 1 Councilman Hage further MOVED that Ordinance No. 1362 be adopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None None 6. 9-19-67 RESOLUTION NO. 3958 Adopted 9- 117:< 1 RESOLUTION NO. 3959"" Adopted :;-, //7:2 1 PLANNING DIRECTOR 17:7107 The City Attorney presented, explained the content and read the title of Resolution No. 3958 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER, AND APPROVING THE MAP OF 11IE ASSESSMENT DISTRICT IN THE MATTER OF PROPOSED LIGHTING MAINTENANCE DISTRICT NO. 30." ~OTION by Cquncilman Arth, seconded by C~uncilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3958 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3958 be adopted. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmsn Arth, Butterworth, Forman, Hage, Considine None None The City Attorney presented, explained the content and read the title of Resolution No. 3959 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A LIGHTING MAINTENANCE DISTRICT NO. 30, WHICH DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED STREETS IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF. II MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3959 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3959 be adopted.. Motion seconded by Councilman Butterworth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None NOTE: This resolution schedules a public hearing for November 21, 1967. With reference to a recent item in a local newspaper the Planning Director remarked in part as follows: that if the Commission were present its members would unanimously take the position that rather than being irritated with the actions of the City Council in handling planning matters that they would applaud the Council on its past actions; that the record would show that over the past eighteen months there has not been ore planning item over- ruled by the Council; that there are very few communities with the same Planning - Council relationship. He continued that with reference to what happened at the last Commission meeting based on 7. 9-19-67 MAYOR CONSIDINE DIRECTOR "'" PUBLIC, WORKS '1 F h' // ~, (' VOTING MACHINES,t;;) /1 , DATA PROCESSING ,:j ~ 1/ ~'" .~ , . . 17:7108 staff advice the Commission was informed that as urban development becomes more complex there will be a greater need to coordinate public works decisiuns with land use decisions, for example, heavy traffic through an R-l area does cause changes in land use. That the Commission only desires to have the opportunity to further advise Council in the area of capital improvement programs which involve land use. He concluded that the Commission does not have any misgivings concerning Council action. Mayor Considine stated for the record: "I would like to state that the Chairman of the Planning Commission called me immediately after an article appeared in the local paper to deny any feeling of any member of the Commission that the Council was not fully supporting the Commission; that they did not have any desire in any way to_ ' change the relationship and would hope they could continue the very pleasant relationship that exists and denied any responsibility for the statement that they were irked with the City Council." 1 Mr. Lortz expressed appreciation for the help he has received during the last nine years of his association with the City and commented that it is now twenty years since his career as a City Engineer was launched. (Mr. Lortz is severing his connection with the City.) Mayor Considine stated that the Council has appreciated all his efforts in carrying out the tasks assigned to him during his years with the City, commended him on his years of public service and on behalf of the Council wished him the very best in his new affiliation. The City Clerk commented on the recent action of the Board of Supervisors in voting in favor of the acquisition of automatic voting machines by the Registrar of Vote,s and noted the work of the municipal clerks in assisting to bring this about. Councilman Arth reported that the first formation meeting of the San Gabriel Valley Municipal Data Processing System had recently been held; that seven cities were represented; that changes may be made in the Joint Powers agreement; that until a preliminary budget is prepared dues could not be discussed and there is a possibility that an attorney will have to be employed; that he will keep Council informed. At 10:03 p.m. the City Council recessed to an executive session. The meeting reconvened at 10:15 p.m. with Councilman Butterworth 1 acting as City Clerk. The meeting adjourned immediately thereafter. y ('0< ,oo""')' ;:;;in, :l~ City Clerk 8. 9-19-67