HomeMy WebLinkAboutDECEMBER 5,1967
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MINUTES
CITY COUNCIL qF THE CITY OF ARCADIA
REGULAR MEETING
DECEMBER 5, 1967
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I
The City Council of the City of Arcadia, California met in regular
session in the Council Chamber of the Arcadia City Hall on December 5,
1967 at 8 p.m.
INVOCATION
David M. Reed, Arcadia Congregational Church
PLEDGE OF
ALLEGIANCE
Mayor Robert J. Considine
ROLL CALL
PRESENT:
ABSENT:
Councilmen Arth, Butterworth, Forman, Hage, Considine
None
MINUTE
APPROVAL
(11-21-67
11-29-67)
On MOTION by Councilman Hage, seconded by Councilman Forman and
carried unanimously the Minutes of the Regular Meeting of November 21,
1967 were APPROVED. On MOTION by Councilman Arth, seconded by
Councilman Butterworth and carried unanimously the Minutes of the
Adjourned Regular Meeting of November 29, 1967 were APPROVED.
HEARING Planning Commission Resolution No. 621 recommending the amendment of
(Zone text) the Municipal Code to require Council hearings on zone changes which
(J, 1p-n.""~;/1' are recommended ~or denial by the Commission only if there is an
{' cI, /,/t! appeal filed fro~ such decision. The Planqing Director explained
/I~-I ~~that as the requirement now stands the City Council must hold public
~ I hearings on all zone change applications; that often the applicant
abandons the application after hearings of the Commission and a
decision for denial is recommended; that the applicant may not even
be present to state his case; that the recommended change would
require that an' appeal be filed in such instances in which event the
Council would be required to schedule a public hearing. No filing
fee would be necessary. '
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.
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It was MOVED by Councilman Arth, seconded by Councilman Hage and
carried unanimously that the recommendation of the Planning Commission
as outlined in its Resolution No. 621 be APPROVED and that the City
Attorney be instructed to prepare the appropriate ordinance to effect
this change.
MORATORIUM The Planning Director explained in detail the recommendation of the
(90 days -. Planning Commission for a declared moratorium on approval of
new applications for any proposed restaurant. It was stated in part
restaurants) that approximately 30 days ago the Commission initiated a study on
, restaurants;that it was brought about because restaurants which
fl. ~&'1~" ~ normally would be classified as drive-in bu~inesses under the terms
v;:J (/ {l of the zoning ordinance have._ been redesigning their building plans
?/I/ (}h)}"0 " ,to take on the appearance of a restaurant st ill retaining the
operating characteristics of a drive-in business; that once classified
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as a normal restaurant
, '/ , ,'I wherein the development
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use permit would not be required
considerably less restrictive.
,- ,
a conditional
standards are
The Planning Director explored the parking requirements for normal
type restaurants (10 off-street parking spaces for each 1000 sq. ft.
of gross floor area) while drive-in restaurants are required to have
20 off-street parking spaces for each 1000 sq. ft. of gross floor
area. That a drive-in business may have harmful effects on other
businesses within the block by disrupting the flow of pedestrian
traffic through breaking the linkage between the various types of
retail businesses; that in addition thereto the effects of driveways
from a drive-in business interferes with the safe flow of vehicular
traffic. The Commission requested the moratorium in order for the
completion of a comprehensive study through public hearings and
eventual recommendation to Council.
I
Councilman Butterworth stated in part that in his op~n~on this type
of moratorium constitutes interference with private enterprise and
can work tremendous hardship upon landowners who rely on our existing
code as it relates to zoning and purchase land through loans, pay
taxes and interests on loans, and then are unable to proceed; that
Council should be cautious in the area,of moratoriums which have the
effect of sterilizing land which could certainly bring private enter-
prise to an end; that on the other hand, in view'of the unanimous
recommendation of the Planning Commission and the Planning Department
he would be willing to impose a 90-day moratorium in this particular
situation.
Councilman Hage agreed with Mr. Butterworth to a point, but questioned
whether or not the same study could not be accomplished without an '
actual moratorium; that if not he was concerned with a situation where
property had been purchased for the development of a restaurant based
upon existing regulations and then suddenly find they had been changed.
He felt some provision should be made to cover this possibility.
Councilman Forman was concerned with placing a moratorium on a
particular type of business and legislating a person's right to enter
any business he chooses; that he would feel differently if this were
a particular area which was under study and expressed reluctance to
imposing a moratorium on a business; that he would like to see the
Commission move posthaste to upgrade the drive-in phase of the
restaurant business, and observed that in his opinion the definition
of "carry-out restaurants" is not a proper term; that "drive-in
restaurants" would probably be more definitive.
Councilman Arth expressed the same reticence to a moratorium due to
the length of time that such an imposition can be prolonged and
referred to conditional use permits required for drive-in restaurants.
That the problem seems to be the many fad-type operations which could I
develop into enigmatic situations for the City at a later date; that
he would like to see the undesirable businesses restricted but in no
way limit the truly legitimate restaurants.
Mayor Considine agreed with the reluctance to impose a moratorium,
but in his opinion the Council has an obligation to consider what
effect any particular type of business or residence might have on the
total community; that some drive-in businesses seem to have a
tendency to reduce values in and around them because of the type of
patronage they attract; that they could create a difficult situation
for a more dignified business which might be adjacent; that in his
thinking drive-in businesses should be placed in areas where the
operation would not be detrimental. He continued with reference to
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17 :7143
the proposed moratorium he would be of the opinion that a moratorium
should,not be placed on a restaurant which would meet the code as a
bona fide restaurant; that in the case of what would appear to be a
p,seudo restaurant this could be discovered at the time of the request
for a building permit.
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Following further discussion Councilman Butterworth stated once more
that he does look upon a moratorium as an interference in the rights
of people to develop' property and that in his opinion adjoining
landowners do not have the right to interfere either, but he was
persuaded by the fact that the moratorium has been recommended by the
unanimous vote of the Commission concurred in by the Planning Director,
therefore, he MOVED that a 90-day prohibition be placed on the
erection, alteration, moving in or commencement of occupancy of
buildings for restaurants, the same to be effective as of this date.
Motion seconded by Councilman Arth. It was noted that the regulation
would not apply to ~ premises with respect to which plans have
already been submitted to the, City and applications made for a
building permit, provided that such plans comply with the present
regulations applicable to restaurants. Roll call was then taken on
the stated motion.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Hage, Considine
Councilman Forman
None
(NOTE: Emergency Ordinance .No:;.~1369 adopted later in this meeting)
;~.-
STUDY Upon recommendation of the appo~ted committe~(~u~cilman Arth,
(General Plan) Planning Commissioner Parker, City ~anager and Planning Director and
a I 4, < (. ,,'Planning Commission) it was MOVED by Councilman Forman, seconded by
, ' '~. . Councilman Hage and carried on roll call vote as follows that the
~~~~ firm of Simon Eisner and Associates be retained as consultants for
a reconnaissan~e study concerning the need and remaining work to be
done, if any, on a general zoning plan.
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Forman, Rage, Considine
None
None
RESOLUTION
NO. 3972
At the request of Councilman Butterworth this matter was taken at
this time.
Adopted
::;- : J./ '6 CI -,,,.
The City Attorney presented, explained the content and read the title
of Resolution No. 3972, entitled: "A RESOLUTION AND ORDER OF THE
CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS
INTENTION TO PAY OUT OF ITS MUNICIPAL FUNDS ONE HUNDRED PER CENT (100%)
OF THE AMOUNT OF TAXES TO BE DERIVED FROM'THE AREA OF THE METROPOLITAN
WATER DISTRICT OF SOUTHERN CALIFORNIA WITHIN THE CITY OF ARCADIA FOR
THE FISCAL YEAR'BEGINNING JULY 1, 1968, AS SUCH AMOUNT OF TAXES SHALL
BE FIXED IN AUGpST, 1968, BY RESOLUTION OF THE BOARD OF DIRECTORS OF
SUCH METROPOL~TAN WATER DISTRICT."
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MOTION by Coun~ilman Forman, seconded by Councilman Arth and carried
on roll call vote as follows that the reading of the full body of
Resolution No. 3972 be waived:
AYES:
NOES:
ABSENT:
Councilmen
None
None
Arth, Butterworth, Forman, Hage, Considine
: ,
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Councilman Forman further MOVED'that Resolution No. 3972 be adopted.
Motion seconded by Councilman Arth.
Councilman Butterworth stated once again his opposition to paying
the Metropolitan Water District assessment out of water funds. He
referred to previous discussions at which Councilman Arth submitted
a study which clearly demonstrated that the average homeowner came
out ahead if the assessment were placed on the property tax bill
rather than on his water bill. He stated he has been satisfied in
his mind that many of the businesses oc the community really are
not paying their fair share of the assessments because their use of I
city water is limited; that if it were placed on the tax bill they
would pay substantially more than they now do and all to the relief
of the homeowner and lastly if placed on the tax bill it would become
tax deductible for everyone in the community; that if the assessment
is collected out of water bills then no one in the city can deduct
the charges. In conclusion he referred to areas which wholly escape
their fair burden of the charge by virtue of their being served by
other water companies; that this in his opinion .is an inequity.
Councilman Arth concurred with Mr. Butterworth in principle; but
that if he had felt the City would be in need of funds he would have
taken a strong stand on placing the assessment on the tax bill rather
than another increase in water rates, however, in endeavoring to
reduce the water rates problems might have been encountered just the
same; that it being the judgment of the City Manager and Water
Superintendent the City can be self sufficient at least for a year
or two with the current rate structure and that any change in the
procedure should be postponed.
Roll call was then taken on the stated motion.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
Councilman Butterworth
None
ORDINANCE
NO. 1369
Emergency
AdoPt/
The City Attorney presented and read in full Ordinance No. 1369
(moratorium) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, PROHIBITING THE ERECTION, ALTERATION,
MOVING IN OR COMMENCEMENT OF OCCUPANCY OF BUILDINGS FOR RESTAURANTS."
MOTION by Councilman Hage that Ordinance No. 1369 be adopted. Motion
seconded by Councilman Arth and carried' on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Butterworth, Hage, Considine
None
None
NEW WELL
DRILLING
/ (/7/
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The City Manager advised that a study 'previously authorized by the
City Council for a new Raymond Basin well has been completed by
James M. Montgomery, consulting engineers; that it is their recom-
mendation that the well be located on City property at the southeast
corner of the Hugo Reid Park. It was explained that adjacent property
owners will be informed of the need for the well and the proposed
schedule; that the work will be completed prior to the opening of the
Little League season.
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BID CALL
LANDSCAPE
MAINTENANCE
----
REFUSE
COLLECTION
~
HIGH SCHOOL
BAND LAUDED
0' I~
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It was MOVED by Councilman Forman, seconded by Councilman Hage and
carried on roll call vote as follows that the Water Department be
authorized to expend $67,500 for the design and construction of the
well; that plans and specifications be completed promptly and that
upon completion of the development and testing of the well the
engineers be authorized to prepare plans and specifications for
equipping the well; that the sum of $67,500 be appropriated from
Reserve for Replacement of Fixed Assets Account in the Water Fund
and transferred to Account 470-71-8 Well Replacement - Raymond Basin.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
In submitting a draft set of specifications covering landscape
maintenance by a private contractor the City Manager advised that
through the preparation of said specifications it has become evident
a contractor would have no way of knowing what might be encountered
in the way of expensesh that the specifications as prepared would
relieve him of these/predictable expenses; that it still appears
there would be a savings to the City, based upon contracting, but it
is reduced to a point where actual bids would assist the City Council
in making a decision as to whether to contract or continue to use
city forces.
Whereupon it was MOVED by Councilman Hage, seconded by Councilman
Forman and carried unanimously that the City Clerk be and she is
hereby authorized to advertise for bids to be received December 27,
1967 at 11 a.m., the results to be submitted to Council at the regular
meeting of January 2, 1967.
The City Manager advised that following direction of the City Council,
staff has been working on the development of additional standards to
govern refuse collectors licensed to operate within the City; that
before they could be completed an accident in the residential area
has indicated the need for further detailed and more stringent
standards than had previously been contemplated; that the staff will
endeavor to have this information available at the next Council
meeting (December 19, 1967).
Mayor Considine commended the Arcadia High School Marching Band in
its third consecutive win of the State Championship Sweepstakes trophy
held November '25 in Long Beach. He suggested that an appropriate
scroll be prepared by the City incorporating each name of the par-
ticipants for presentation to the School to be displayed in the
Trophy Room. ~e further suggested that pins and/or charms be
presented also.
The City Council unanimously concurred in the suggestion and it was
MOVED by Councilman Arth, seconded by Councilman Hage and carried on
roll call vote as follows that the City Manager be instructed to
carry out the s~ggestions as outlined by Mayor Considine.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilman Butterworth
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COMMUNITY
FAIR d /J
a' f. r
. .
't'1/-I;, , I,;:
PROCEDURAL
ORDINANCE
WAIVED
FINAL APPROVAL
Tract 27276
/'- lo/g'
LITIGATION
"lk':/!
ALL NIGHT
PARKING
l' :)
RAPID TRANSIT
'J--'-F
MAYORS GROUP
1'/'
RECESS
RECONVENE
17:7146
The request of the Arcadia Junior Chamber of Commerce for permission
to hold a community fair on city owned property at the southeast
corner of First and Wheeler Avenues on May 15 - 19, 1968 was APPROVED
on MOTION by Councilman Forman, seconded by Councilman Hage and
carried unanimously. All fees connected therewith were waived.
Note: The original request was for use of property to the west of
the City Library, however, Don Fickas, President, asked for the
change of location.
On MOTION by Councilman Hage, seconded by Councilman Arth and carried
unanimously the provisions oc the procedural ordinance were waived in
order to consider the following item.
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Arthur Bauman, subdivider of Tract No. 27276 (extension of Los Altos
Avenue) asked for permission to remove the barricades at both ends
of the subject subdivision streets, and referred to the fact that all
requirements and conditions imposed have been met. Whereupon it was
MOVED by Councilman Hage, seconded by Councilman Arth and carried on
roll call vote as follows that streets in said tract be accepted for
maintenance by the city and that items covered by cash deposits with
the city treasurer be constructed by the Department of Public Works
prior to December 30, 1967 if not completed by the developer.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Rage, Considine
None
Councilman Butterworth
The City Attorney advised that the City had been served with Complaint,
Summons and Temporary Restraining Order in suit by Mr. & Mrs. Alan
Dunn for damages and injunction. Council will enter an executive
session to consider same.
Councilman Arth asked the City Manager to ascertain the possibility
of posting streets indicating no all night parking.
Councilman Forman stated that copies of the Vaughn Report will be
forthcoming (Rapid Transit) coocerning transportation; that he
recently met with the League of California Cities Transportation
Evaluation Committee.
Mayor Considine advised that a new group is formed composed of the
Mayors and/or Mayors Pro Tempore of the San Gabriel Valley. Purpose
is to consider all aspects of government. It will meet every other
month starting in February 1968 (dinner meetings) cost to be divided
equally among all in attendance at a particular meeting.
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At 9:15 p.m., the meeting recessed to an executive session in the
Conference Room - for the purpose of discussing personnel and the
litigation matter previously referred to.
At 10:10 p.m., the meeting reconvened.
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ADJOURNMENT
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17 :7147
It was MOVED by Councilman Forman, seconded by Councilman Arth and
carried on roll call vote as follows that the City Attorney be
authorized to employ at his discretion special counsel to represent
the City in the matter of Superior Court Action No. ,NEC 6812
entitled Alan & Edith Dunn vs the City of Arcadia and that he be
directed to defend such action.
AYES:
NOES:
ABSENT:
Councilmen Arth, Forman, Hage, Considine
None
Councilmen Butterworth
The City Attorney stated that the discretion vested in him would be
exercised in accordance with discussions held in the executive
session.
At 10:15 p.m., Mayor Considine adjourned the meeting.
Mayor Considine
ATTEST:
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City Clerk
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