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HomeMy WebLinkAboutOCTOBER 3,1967 I INVOCATION PLEDGE OF ALLEG:J:ANCE ROLL CALL MINUTE APPROVAL (9-19-67) HEARING (Mnoian) .:;-o-,~ Jo I 17:7109 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING OCTpBER 3,., 1967 The City Counc~l of the City of Arcadia, California met in regular session in, th~ Council Chamber of the Arcadia City Hall on October ~, 1967 at 8 p.rn:':' Rev. Peter J. Bakker, First Baptist Church of Arcadia Mayor Robert J, Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None' . Mayor Considine welcomed the Foothill Jr. High School civic class. MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously that the Minutes of the regular meeting of September 19 be approved as submitted in writing. MOTION by Councilman Butterworth that the Minutes of the regular meeting of August 15, 1967 as submitted in'writing, be amended by correcting the ,trust figure of $2,337.24 to $3,290.18 (Page 1, Tract 27276, Line 10; Page 3, Para. 1, Line 2 and Para. 4, Line 2). Councilman Forman seconded the motion which was carried unanimously. The full proceedings of this matter are recorded in the office of the City Clerk. The public hearing remaining open on the application for a business permit to collect rubbish in commercial areas, Brooks Gifford, Jr., attorney for Paul Mnoian, dba Nu-Way Rubbish Company, addressed Council and distributed reports which he had prepared setting forth disposal rates: and service surveys taken at random. It depicted rates based on number of days serviced per week, size and number of bins, present 'monthly rates of the City Ref~se Company as compared to the Nu-Way Rubbish Company. In discussion Mr. Gifford recommended that the City repeal its ordinance limiting the number of commercial pick-up permittees to five, thereby opening it up for all who could meet the requirements and referred to an ordinance in effect in Pasadena. Don McCormac, 220 S. Canyon Road, Sierra Madre, advised that he had an application pending and felt that he should be considered before other applicants. He recommended opening up the field. Paul Thorsen, owner and operator of the City Refuse Company, addressed Cou~cil stating in part that he had been in the business in Arcadia since 1944; that prior to entering into a contract with his Company in' 1956 the City Council spent eight months investigating prices and operations; that prices were going to increase what with labor, insurance, equipment and taxes. He continued in part that in 1. 10-3-67 30 17:7110 his op1n10n competition or free enterprise should not be applied when safety, health and welfare of the public are at stake. That he would like to see only one permit issued so the City would have complete control. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. Councilman Butterworth stated in part that Mr. Thorsen does a fine job, but that he is satisfied the community would benefit with free I and open competition in commercial rubbish pick-up; that he did not think the City would be deluged with trucks. He submitted that the field could be opened up for a period of a year or two on a trial basis. A hearing could then be held to evaluate the experience and make the determination at that time with the Manager recommending control areas. Councilman Arth felt that it should be opened up only on a very tight license basis so that Council could be assured the merchants were receiving the lowest possible rates; that he would tend toward removing the limitation altogether. He also commended the operation of Mr. Thorsen. Councilman Forman stated in part that experience is important; that there have been relatively few complaints on the existing operation and he would not favor opening up the field. It was Councilman Hage's observation that standards should be set up including regular inspection of the trucks and would prefer that each application be judged on its own merits, that he concurred with Councilman Butterworth to some extent. Mayor Considine chronologically explored procedures and the intent at the time of imposing the limitation to five; that if one were to do a poor job the license would not be renewed leaving the spot open for another, which in his opinion had merit. He expressed concern over control should it be opened up. The City Attorney stated that he could prepare at least two ordinances for Council consideration, 1) to repeal the section which imposes the limitation and 2) to suspend that section for a period of one or two. years; that all licenses issued over the five would be subject to the pending limitation and would automatically expire unless Council suspended or fully repealed the limitation. He suggested further that the City Manager be instructed to prepare criteria for the issuance of additional permits as suggested by Councilman Butterworth; that the City Attorney could have the ordinance sooner than the criteria could be prepared, as extreme care had to be used in drafting such criteria if they are to be effective. I It was then MOVED by Councilman Butterworth that the City Attorney prepare two ordinances as outlined; that the City Manager prepare a list of restrictions commensurate with Council thinking with the understanding that upon said preparation the Council members would be free to make a decision at a later time; that the passage of this motion will commit no one but will give Council an opportunity to study the matter. Upon Mayor Considine's suggestion Councilman Butterworth included in his motion that the City Manager prepare a list of problems which could be anticipated if the limitation were removed and that Council determined at some later date to return to the limitation of five permittees, and the resolving of those problems. 2. 10-3-67 (This matter continued until Dec. 19, 1967) etl~ I HEARING (zone change) =1-77/ I NIGHT HORSE RACING u!/ l1.'rA7' FESTIVAL }If plr 'ft ';:J 01/-- 17: 7111 Councilman Hage seconded the motion with the comment that he would like to review some rules and regulations for guidance in final determination. Roll call vote was then called: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Hage, Considine Councilman Forman None Application of the National Shopping Centers for zone change from R-O and C - 2 to C-2 and D on property at the northwest corner of Foothill Boulevard and Santa Anita Avenue. The zone change request had been denied by the Planning Commission on September 12, 1967 by Resolution No. 619 and pursuant to the requirements of the Arcadia Municipal Code a public hearing was scheduled for this date. The Planning Director explained that it was determined by the Planning Commission that the subject property is presently zoned R-O and C-2 with an existing service station on the C-2 portion and a church on the adjacent lot; that the property west of-the church is unused; the property to the north and west is zoned R-O and developed with single family homes; with properties to the south and east in R-l and C-2 with a mixture of uses. That the application would extend commercial zoning further west which is already overburdened with such development and that the zone change is not justified by good zoning practices. The City Clerk read into the record opposing communications from 1) George N. Mastrogany, 1100 Rodeo Road, 2) Mrs. H. M. O'Haver, 39 W. Sycamore Avenue, 3) Mr. Tom P. Simovich, 1105 Rodeo Road. In each instance it was stated that there is ample commercial develop- ment. Mayor Considine declared the hearing open. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously. It was further MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the recommendation of the Planning Commission be sustained and that the application of the National Shopping Centers for zone change as outlined above be DENIED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Following discussion on the prov~s~on which requires all zone change recommendations to be reviewed in public hearing by the Council, whether or not the decision has been appealed, it was the consensus that an ordinance be prepared amending portions of said provision pertaining to procedure. The City Attorney and the Director of Planning will present an amendment for Council review. On MOTION by Councilman Forman, seconded by Councilman Arth and carried unanimously the City Clerk was instructed to advise the City of San Marino that Arcadia has already gone on record, by resolution, as opposing any night horse racing at Santa Anita Race Track. This is in response to a request of that City. On MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously the request of the Church of the Good Shepherd 3. 10-3-67 WORK COMPLETION (AM) -7'-//tJ STREET IMPROVEMENT Naomi/Baldwin bid call -7lfJ\! PERSONNEL SALARY ADJUSTMENT -;/ ~..I J . .--/ ..fY"') j -/'.... COOPERATIVE AGREEMENT ~- (,/1 17:7112 for permission to hold a Harvest Festival on Church grounds on October 1 was GRANTED. (Mayor Butterworth abstained from voting due to his affiliation with said Church.) Any fee connected therewith \<las waived. Upon the advice of the City Manager and the Water Superintendent that the work has been completed satisfactorily, it was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on ~oll call vote as follows that the City Council accept the work as completed by the AM Construction Company in the modification of I water distribution lines required for the Foothill Freeway construction; that final payment be and it is hereby authorized in conformance with the terms of the contract and that the bond be released at the desig- nated time. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Upon the recommendation of the City Manager and the Assistant City Engineer it was MOVED by Councilman Hage, seconded by Councilman Forman and carried on roll call vote as follows that the plans and specifications for the improvement of Baldwin/Naomi Avenue inter- section by realignment and traffic signal installation be APPROVED; that the City Clerk be and she is hereby authorized to advertise for bids to be returned on October 16, 1967 at 11 a.m., that the sum of $11,000 be appropriated from Reserve for Capital Projects Account No. 285 in the General Fund and transferred to Capital Improvement Projects Account No. 253 - Baldwin/Naomi Avenue Street Construction. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None In considering the recommendation of the City Manager and the Director of Recreation concerning increasing the compensation of two coaches engaged in the competitive swim program it was noted that both men contribute greatly to the success of the program; that they spend many hours attending meets and program planning sessions; that because of increased participation additional demands will be made upon them. It was MOVED by Councilman Hage; seconded by Councilman Arth and carried on roll call vote as follows that the monthly salaries be adjusted to $300 for Ray Petterson and $160 for Roger Hudson, there being sufficient funds in the Recreation Account Nos. 450, 451 and 452. I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Upon recommendation of the City Manager and the Assistant City Engineer, it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that a Cooperative Agreement be entered into with the State Division of Highways for the installation of traffic signals to provide channel- ization at the Colorado Street/Colorado Boulevard/Colorado Place intersection; that the Mayor and City Clerk be and they are hereby 4. 10-3-67 I RESOLUTION NO. 3961 Adopted {_ r;, 4/<1/ WORK COMPLETION (traffic signals) 5- )/(P 1 I STREET IMPROVEMENT Storm Drain construction El Monte Avenue ,/., Pr-! --it' ;,' ~ 17:7113 authorized to execute said agreement in form approved by the City Attorney. Estimated cost is $33,000 and the City will pay its proportionate share based on intersection jurisdiction. It is anticipated the total cost to the City will not exceed $11,000. These funds to be obtained from accrued and unbudgeted Gas Tax Funds, Section 186.1, currently available. AYES: NOES: ABSBNT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Whe~eupon the City Attorney presented, explained the content and read the title of Resolution No. 3961, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING EXECUTION OF AGREEMENT WITH TRE STATE OF CALIFORNIA FOR INSTALLATION OF TRAFFIC SIGNALS AT INTERSECTION OF COLORADO STREET/COLORADO BOULEVARD/COLORADO PLACE IN SAID CITY." MOTlON by Councilman Forman, seconded by Councilman Rage and carried on ~oll call vote as follows that the reading of the full body of Resolution No. 3961 be WAIVED: AYES: NOES: ABSENT: Councilmen Arth, Butte,worth, Forman, Hage, Considine None None It Was further MOVED by Councilman Forman, seconded by Councilman Rage and carried on roll call vote as follows that Resolution No. 3961 be adopted. AYES: NOES: ABSBNT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Upon recommendation of the City Manager and the Assistant City Engineer it was MOVED by Councilman Forman, seconded by Councilman Butterworth and carried on roll call vote as follows that the work performed by the C.T. & F. Company in the traffic signal modification at Duarte Road and Rolly Avenue, and Live Oak and Second Avenues, be accepted; that final payment be authorized in accordance with the terms of the contract and that the bond be released at the designated time AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Upon recommendation of the City Manager and the Assistant City Engineer it was MOVED by Councilman Forman, seconded by Councilman Butterworth and carried on roll call vote as follows that a request be made by resolution of the Los Angeles Board of Supervisors for an appropriation of $30,000 from the County Aid to Cities Fund accumulated by the City of Arcadia with the Los Angeles County Road ,f r Department to finance subject project. 'Po' AYES: NOES: ABSBNT: Councilmen None None Arth, Butterworth, Forman, Rage, Considine 5. 10-3-67 RESOLUTION NO. 3960 ,/' Adopted CATV ;t- ,~ ;;~:. 41 ORDINANCE NO. 1363 Introduced / BIDS TO BE RECEIVED (CATV) / -' " 17 :7114 Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3960, entitled: "A RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AID TO CITIES GASOLINE TAX FUNDS FOR THE INSTALLATION OF A STORM DRAIN IN EL MONTE AVENUE, A PUBLIC STREET IN THE CITY OF ARCADIA." MOTION by Councilman Butterworth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3960 be WAIVED: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None It was further MOVED by Councilman Butterworth, seconded by Councilman Forman and carried on roll call vote as follows that Resolution No. 3960 be adopted. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None The City Manager Pro Tempore advised that Section 7731.2.6.1 of the Arcadia Municipal Code could pose a problem in securing a Community Antenna Television franchise and that an amendment to Ordinance No. 1339 has been prepared which would eliminate the imposition of added bookkeeping and satisfy the requirement for financial statements. It was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried unanimously that the recommendation be accepted. Whereupon the City Attorney presented for the-first time, explained the content and read the title of Ordinance No. 1363, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING CHAPTER 7 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE BY RENUMBERING SECTIONS 7721.1.9 AND 7721.1.10 THEREOF, BY ADDING THERETO A NEW SECTION 7721.1.9 AND BY AMENDING SECTIONS 7711.9 AND 7731. 2.6.1 THEREOF." MOTION by Councilman Rage, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1363 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Rage further MOVED that Ordinance No. 1363 be introduced. I Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Rage, Considine None None It was MOVED by Councilman Forman, seconded by Councilman Rage and carried unanimously that the City Clerk be and she is hereby authorized to advertise for bids to be received November 13, 1967 at 11 a.m. for construction, operation and maintenance of a CATV system within the City. 6. 10-3-67 INDEPENDENT AUDIT RECEIVED ,j'- 30/ I PROCEDURAL ORDINANCE WAIVED PTA CARNIVAL IJ pRi {b'7--..t;J, LAWN MOWER PURCHASE -- ACCEPTANCE GRANT/EASEMENT Arboretum -1 / //,,/ .=- \,V , . I hlff 17 :7115 o The City Clerk distributed copies of the financial audit for the fiscal year 1966-67 as prepared by Louis P. Black. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried on roll call vote as follows that the receipt of the audit be acknowledged and that final payment be and it is hereby authorized. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None On MOTION by Councilman Butterworth, seconded by Councilman Forman and carried unanimously the provisions of the Procedural Ordinance were waived in order to consider the following items. On MOTION by Councilman Arth, seconded by Councilman Forman and carried unanimously the request of the Hugo Reid Elementary School Parent Teacher's Association for permission to hold a carnival on October 21, 1967 was APPROVED. Any fee connected therewith was waived. Upon recommendation of the City Manager it was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried on roll call vote as follows that the Purchasing Officer be and he is hereby authorized to contact the low bidder, Motor Cultivator Company, to ascertain the possibility of purchasing one (1) lawn mower at the price which one would have cost under the quoted price for two. The price for two was quoted at $3,213.00 with a trade-in allowance for two old mowers of $700.00. The new mower therefore would cost $1,606.50 less $350.00 trade-in - total $1,256.50. Funds are available in Account #433-74E. If possible the purchase is hereby authorized. AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None None The report on ground sweeping service is not complete as yet. The Council is considering the possibility of contracting for such service. The City Manager advised of the receipt of a proposed agreement from the State Division of Highways covering proposed road construction within the State and County Arboretum and a grant of easement covering the area proposed for inclusion in Baldwin Avenue. He recommended the approval of both documents which would permit the Division of Highways to proceed without delay and that the City Attorney and the Manager would attempt to improve some points in the agreement. Whereupon it was MOVED by Councilman Hage, seconded by Councilman Forman and carried on roll call vote as follows that an agreement with the State of California for the improvement of a roadway within the Arboretum be APPROVED by resolution; that a grant of easement be accepted by resolution for street and highway purposes to become part of Baldwin Avenue and that the Mayor and City Clerk be and they are hereby authorized to execute both documents. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None 7. 10-3-67 RESOLUTION NO. 3962 Adopted ./ ~ (( g RESOLUTION / NO. 3963 ./ Adopted ~ JII~ , J.. ~ .~! APPOINTMENT SISTER CITY COMMISSION / BANNER Lapidary Society F: f ,,, t. .. ~ I . . 17:7116 The City Attorney stated that the agreement and easement needed improvement but he would approve the same because time is of the essence; he thereupon presented Resolution No. 3962, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF CALIFORNIA." ~OTION by Councilman Arth, seconded by Councilman Hage and carried On roll call vote as follows that the reading of the full body of Resolution No. 3962 be waived: AYES: NOES: ABSENT: I Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Arth further MOVED that Resolution No. 3962 be adopted. ~otion 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, explained the content and read the title of Resolution No. 3963, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING EXECUTION OF AGREEMENT AND ACCEPTANCE OF GRANT OF EASEMENT." ~OTION by Councilman Forman, seconded by Councilman Arth and carried On roll call vote as follows that the reading of the full body of Resolution No. 3963 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Forman further MOVED that Resolution No. 3963 be adopted. ~otion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Butterworth MOVED that Mrs. Harold Libby, 438 W. Norman Avenue, be appointed to fill out the unexpired term of Mrs. William S. Orr (resigned) expiring on June 30, 1970. Motion seconded by Councilman Hage and carried unanimously. It was noted that Mrs. Libby has been vitally interested and active' in this area for some time and will contribute greatly to the Commission. I Herb Miller, 1025 EI Sur, had been granted permission on September 19, 1967 to hang banners across Huntington Drive to publicize the forthcoming Lapidary Society Exhibit. The cable at this location had been removed and Mr. Miller asked for assistance in securing another location. It was MOVED by Councilman Arth, seconded by Councilman Forman and carried unanimously that previous action for approval at a specific location be amended to provide for the City Manager to work with Mr. Miller in securing a suitable location. 8. 10-3-67 STREET CONDITION t../' I INSURANCE (City Attorney) ,/' APPOINTMENT (Forman) /' LOT SPLIT TO BE REVIEWED /' MUNICIPAL DATA SYSTEM ,./ -l- //5~ ~ I COMMISSION/BOARD DINNER SUCCESS 17: 7117 Robert Rauperstauch, 1701 Alta Oaks Drive, referred to the condition of the pavement on Orange Grove Avenue W2st from Santa Anita Avenue to Baldwin Avenue. He was advised that the street was under dual jurisdiction, howeve" the Assistant City Engineer would look into the matter. The City'Attorney' advised that heretofore the-City has been unable to obtain insurance against punitive damages assessed against its employees; that the last session of the legislature authorized a limited form of insurance and authorized cities to pay for the same thereby protecting its employees; that an insurance conference will be held October 4 in San Francisco and that he would be attending by invitation. It was noted that Councilman Forman has been unanimously elected as Secretary/Treasurer of the Los Angeles County Division of the League of California Cities. The City Clerk notified that she had received from adjacent property owners an appeal from a recent decision of the Planning Commission for approval of a lot split at 2522 Florence Avenue, that the Arcadia Municipal Code does not provide for an appeal except from the applicant but that there is a provision whereby the Council on its own motion may review the proceedings if it should so desire. It was the consensus of the City Council that it would be in favor of reviewing the matter and permitting the neighbors to be heard before Council, therefore, it was MOVED by Councilman Forman, seconded by ,Councilman Hage and carried unanimously that a public hearing be scheduled for November 7, 1967 at 8 p.m. Discussion ensued on the right of property owners to appeal a decision and it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that the Planning Director and the City Attorney prepare such an ordinance for Council review. The City Attorney advised that the contract for the municipal data system has not been approved by him; that he has discussed changes therein and hoped to have a revised draft shortly. He explored in detail the suggested revisions. Councilman Arth explained the need for funds to cover minor expenses connected with the organizing of the system-and MOVED that $50 be paid to the Municipal Data System for such purposes (funds are budgeted). Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Arth, Butterworth, Forman, Hage, Considine Councilmen None None . Councilman Arth will attend a meeting therefor on October 4 and invited all Councilmen to attend. He also noted that he had re- quested the City Manager to make an appointment to the technical conunittee; The City Council concurred in Councilman Forman's commendation of those in charge of the dinner arrangements (Secretary to the City Manager and City Manager Pro Tempore) for the City's commission and board members; that it was a very successful affair. 9. 10-3-67 CONSIDINE / 17:7118 Mayor Considine referred to a recent article by Editor Jerry Bernstein of the Arcadia Tribune concerning the downtown area and commended him therefor. The article suggested the coordination for the rede- velopment of this area with the merchants. Mayor Considine asked that the Land Committee meet with the Arcadia Business Association to determine if they have a plan for the redesign of the existing stores and to coordinate the thinking. Mayor Considine noted that the City Council will be in San Francisco attending the League of California Cities' Conference on October 17 (the regularly scheduled date for the next Council meeting); that a date for an adjourned meeting will be determined prior thereto. I At 10:22 p.m. the meeting was adjourned. Mayor ATTEST: ~~7?/~ City Clerk I 10. 10-3-67