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HomeMy WebLinkAboutNOVEMBER 21,1967 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (11-7-67) HEARING (Firth) j." ~ J )J ,I. J HEARING (Kennedy) 4- .17;( I HEARING (Lighting) ,,/ I' ": J I ~ v...._ 17 :7133 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 21, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on November 21, 1967 at 8 p.m. Christine Van Maanen, City Clerk Mayor Robert J. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None On MOTION by Councilman Hage, seconded by Councilman Forman and carried unanimously the Minutes of the Regular Meeting of November 7, 1967 were APPROVED as submitted in writing. Application of Mrs. Roberta Firth for a business Montessori School at 1406 S. Santa Anita Avenue. that this is a change of ownership. permit to conduct a It was explained Mayor Considine declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously. MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously that a business permit be issued Mrs. Roberta Firth for the operation of the Montessori School at 1406 S. Santa Anita Avenue consistent with an existing conditional use permit as set forth in Planning Commission Resolution No. 558 and special regulations applying to nursery schools. Application of Diane Kennedy for business permit to operate a used car sales lot at 400 E. Huntington Drive. (Temporary permit was authorized on November 7, 1967). Mayor Considine declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Forman, seconded by Councilman Butterworth and carried unanimously. MOTION by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that a business permit be issued the Kennedy Motors, Inc., for the operation of a used car sales lot at 400 E. Huntington Drive. Time and place scheduled by Resolution No. 3959 for hearing objections to the formation of Lighting Maintenance District No. 30 or to the extent thereof. Mayor Considine declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by 1. 11-21-67 RESOLUTION NO, 3968 Adopted t/. HEARING ~ SCHEDULED (zone change) SELECT SYSTEM v/' OF STREETS RESOLUTION NO. 3969 ~ Adopted ,...-r 17 : 7134 Councilman Arth, seconded by Councilman Hage and carried unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3968, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE FORMATION OF A LIGHTING MAINTENANCE DISTRICT, DESIGNATED AS "LIGHTING MAINTENANCE DISTRICT NO. 30," TO PAY THE COSTS AND EXPENSES FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED STREETS IN SAID CITY." 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. 3968 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Arth further MOVED that Resolution No. 3968 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 The hearing on the recommendation of the Planning Commission (Resolution No. 621) concerning an amendment to the Arcadia Municipal Code (zone changes) was scheduled for Tuesday December 5, 1967. MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously that the supplemental report and map concerning the addition of a portion of Camino Real between Baldwin Avenue and Temple City Boulevard, and Clark Street between Peck Road and Cogswell Road to the Select System of City Streets be APPROVED. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3969, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUBMITTING A SUPPLEMENTAL REPORT WITH MAP RECOMMENDING PROPOSED ADDITION TO ITS SELECT SYSTEM OF CITY STREETS." MOTION by Councilman Hage, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Resolution No. 3969 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None I Councilman Hage further MOVED that Resolution No. 3969 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 2. 11- 21- 67 EXTRA POLICING (Race season) ~ I BANNERS (Luethke) Denied I R:pn .r~ , INSPECTION (City Jail) ~ FIRE (Mutual Aid) J:f70 TAAI RAT~S (continued) 1-~~ I ORDINANCE NO. 1366 Readopted ~ 17:7135 It was MOVED by Councilman Butterworth, seconded by Councilman Forman and carried on roll call vote as follows that the recommendation of the City Manager and the Chief of Police concerning manpower re- quirements for the 1967-68 racing season as contained in a report dated November 3, 1967 be APPROVED and that the amount of $98,000 for extra policing be appropriated from General Fund Unappropriated Surplus to Account No. 421.4. AYES: -Councilmen Arth, Butterworth, Forman, Hage, Considine NOES: None ABSENT: None . J The request of Mrs. William Luethke for permission to display banners on the front grounds of her property at 2430 El Monte Avenue was DENIED on MOTION by Councilman Forman, seconded by Councilman Hage and carried unanimously. It was noted that the Arcadia Municipal Code, Sections 9251.1.9 and 9251.1.6, provide for a sign display only, which may be placed 5' from the street line, and that a departure from the regulations would set a precedent which could result in future requests for a variance from the building. The City Council received and ordered FILED the Annual Inspection Report from the Los Angeles County Health Department of the City Jail. The jail was rendered satisfactory in every aspect. Upon recommendation of the City Manager and the Fire Chief it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that a mutual aid agreement be entered into with the Cities of Azusa, Covina, El Monte, Monrovia and West Covina for rendering supplemental fire protection in the event of need or emergency. It was noted that such cooperation between cities is a desirable program. The City Manager advised that a report on the request of the Arcadia- Monrovia Valley Cab Company for a rate increase was being prepared; that following past policy he would recommend continuing the matter until the City of Monrovia has had an opportunity to review and comment on the request. Hence, this matter will appear on the agenda for December 5, 1967. The City Attorney presented, explained the content and read the title of Ordinance No. 1366 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2720 AND 2721 OF THE ARCADIA MUNICIPAL CODE (CITY BUSINESS ON HOLIDAYS)." 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. 1366 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None Councilman Hage further MOVED that Ordinance No. 1366 be adopted and readopted. Motion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None 3. 11-21-67 RESOLUTION NO. 3970 Adopted 1/ ORDINANCE NO. 1368 Introduced RESOLUTION NO. 3971 Adopted {// 17 : 7136 The City Attorney presented, explained the content and rea9 the title of RESOLUTION No. 3970 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4 OF RESOLUTION NO. 3947 (STABILITY PAY)." MOTION 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. 3970 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None I Councilman Forman further MOVED that Resolution No. 3970 be adopted. Motion seconded by Councilman Arth 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 first time,.explained the content and read the title of Ordinance No. 1368, entitled: '''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING SECTIONS 9266.4.3, 9266.4.10 AND 9266.4.15 OF THE ARCADIA MUNICIPAL CODE," MOTION by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1368 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Councilman Arth further MOVED that Ordinance No. 1368 be introduced. 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 noted that this ordinance will provide for the removal of duplications in the zoning portion of the Arcadia Municipal Code. The City Attorney presented, explained the content and read the title I of Resolution No. 3971, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, URGING THE ISSUANCE OF A UNITED STATES POSTAGE STAMP COMMEMORATING THE 200TH ANNIVERSARY OF THE _ FOUNDING OF CALIFORNIA." 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. 3971 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None 4. 11-21-67 I SALARY ADJUSTMENT Director of Public Works REALTY TRANSFER TAX Suspended I 7' I / 17 : 7137 Councilman Butterworth further MOVED that Resolution No. 3971 be adopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None Upon recommendation of the City Manager the salary of the Acting Director of Public Works, Chester Roward, was increased $100 monthly while serving in the capacity, on MOTION by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Rage, Considine None None With reference to Ordinance No. 1357 adopted in August 1967 providing for a city tax of one and one-fourth percent of the assessed valuation of a given piece of property by virtue of its sale, Councilman Butterworth stated in part that the imposition of the tax was founded in good judgment by the City Council and has been very productive with a minimum amount of administrative difficulty with fewer complaints than anticipated; that the Council is now faced with the State measure whereby the County will enact an ordinance with the Cities to participate in the revenue up to fifty percent providing a City does not have a concomitant tax as in the case of Arcadia; that he feels the imposition of two taxes upon persons buying and selling property would result in an inequity that Council could not allow to stand; that under the circumstances Council would appear to be well advised to enact an ordinance setting aside the transfer tax imposed by the City incorporating therein a provision for its re-enactment in the event the County ordinance were ever set aside. Mayor Considine observed that although in his opinion the ordinance in effect at the present time is more definitive and is a better method of taxation he would agree that it would be completely inequitable to double tax in this area; that through suspension of the ordinance the City would still have a transfer tax should the County repeal its ordinance. Councilman Forman referred to his original opposition to the subject ordinance based on the state tax measure which was then pending before the legislature; that in suspending the ordinance the Council would be keeping faith with the community by working to the end that it is not overburdened with taxes and agreed with Councilman Butterworth in the suspension of the subject ordinance. Responding to an inquiry the City Attorney explained in detail the provisions of an ordinance which would provide for the automatic re~nactment of the city tax should the county ordinance be declared unconstitutional or for any reason be repealed; that by suspension the city ordinance would only be suspended and inoperative as long as the county ordinance were in effect. It being the consensus of the Council that, in view of the State legislation, the enactment of the realty transfer tax by the County and the fact that the full county tax will be paid if the Council does not enact a similar city tax, the City should suspendcits 5. 11-21-67 ORDINANCE NO. 1367 Introduced / COMMUNICATION SMOG ADJOURNMENT 17 :7138 ordinance and enact the Uniform Real Property Tax Ordinance, the City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1367, 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 SUSPENDING THE PROVISIONS OF PART 8 THEREOF AND BY ADDING THERETO A NEW PART 9 ENTITLED "REAL PROPERTY TRANSFER TAX ORDINANCE." MOTION by Councilman Butterworth, seconded by Councilman Forman and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1367 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None evpV Co~nc~lma~ Butterworth further MOVED that Ordinance No. 1367 be ~~~e~otion seconded by Councilman Forman and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None None (Note: It is the intention of the City Council to meet in an adjourned session on November 30 to adopt same.) Mayor Considine read a letter from Mrs. Harry Williams thanking the Council for its expressed sympathy in the loss of her husband. I Mayor Considine read in full a resolution submitted to the City Council from the Councilman representing the City of Los Angeles, 11th District, concerning an intent to exert the purchasing power of a city to induce the automotive industry to make greater progress in the control of harmful exhaust emissions. It was also requested that cities adopt a similar policy in order to bring about the greatest amount of pressure in behalf of the public need. Following extensive discussion on whether or not the standards set forth in the subject resolution were stringent enough and if the industry could and would meet the standards, it was the consensus that the matter be referred to staff to investigate and confirm to the City Council whether or not the resolution would in fact produce an improvement and if not to adjust the figures appropriately. (Report may be presented to Council on December 5, 1967.) There being no further business Mayor Considine adjourned the meeting at 8:55 p.m., to enter an executive session. I The meeting reconvened at 9:35 p.m. and immediately adjourned to Wednesday November 29, 1967 at 7:30 p.m. The adjournment was in memory of Dr. Robert Wilson, noted local surgeon and physician, who recently passed away. Reference was made by Councilman Butterworth to the many contributions in service and support of the community made by Dr. Wilson. ~ ATTEST: ~4~~~ ~ ~~~ City Clerk 6. 11-21-67