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HomeMy WebLinkAboutDECEMBER 19,1967 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (12-5-67) CITY ATTORNEY INTRODUCED / DlRECrOR PUBLIC WORKS APPOINTED t../' NICKLIN RESIGNS v I COMMERCIAL (Rubbish pick-up) .;....530 17: 7148 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 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 December 19, 1967 at 8 p.m. Rev. Ted Cummins, Arcadia Friends Church Mayor Robert J. Considine PRESENT: ABSENT: Councilmen Arth, Butterworth, Forman, Hage, Considine None The Minutes of the regular meeting of December 5, 1967'were APPROVED as submitted in writing on Motion by Councilman Forman, seconded by Councilman Hage and carried unanimously. ' Mayor Considine presented Rex H. Minter, selected as City Attorney by the City C~uncil. (Formal resolution confirming the appointment adopted later 'in the meeting.) The City Manager announced that Chester Howard has been appointed Director of Public Works. Mr. Howard has been acting in that capacity since October 1967, Motion by Councilman Arth, seconded by Councilman Forman and carried on roll call vote as follows that such appointment be approved and that his salary be fixed at $1300 per month. AYES: NOES: ABSENT : Councilmen Arth, Butterworth, Forman, Hage, Considine None None City Attorney James A. Nicklin tendered his resignation as of December 31, lQ67. Mr. Nicklin has served the city in that capacity since 1950. It was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the resignation be accepted with regret. Application for business permit for rubbish pickup for commercial and industrial cust~pr~-~~Y RUBBISH CO~ANY. This matter continued from ~~d~~nl.V atCwhich time the. City Council requested staff to prepare a report based on a study of standards to be required of collectors of refuse from said customers. The City Manager parapqrased his report dated December 15 (on file in the office of the City Clerk) which indicated his recommendation that a specific number'of companies be licensed to collect from commercial establishments and that it be as small as is agreeable to the City Council. Thirteen additional standards to'govern refuse collection were recommended therein. 1. 12-19-67 ~ /o~~ f /G~ 17:7149 Mayor Considine advised that the City Council would receive new evidence from anyone desiring so to do. Whereupon Brooks Gifford, Jr., Attorney for the applicant (Paul Mnoian, dba Nu-Way Rubbish Company), presented to each member of the Council articles which had appeared in the local press and stated in part that the requirements as recommended by the City Manager seem reasonable, if administered so they do not become burdensome, and referred to one requirement with , which he took issue, that of the listing of territory which a company intends to serve; that he could not see what purpose could be served in a commercial area by territorial restrictions; that commercial rubbish collectors are able to work in a competitive environment in other cities; that he does not believe the number of licenses should be restricted. I Don McCormac addressed Council stating in part that he wouid have no objection to any of the requirements as enumerated by the City Manager as long as all businessmen in the field of commercial pickup were treated equally. It was noted that Mr. McCormac is on the waiting list of applicants. He stated also that he would be willing to serve the entire business areas. Henry Grivi, attorney representing Paul Thorsen, owner-operator of the City Refuse Company, stated in part that in his years of close association with Mr. Thorsen he has found him to be a good executive and administrator and referred to his experience with the city since 1956. He expressed surpri~ at what he deemed an intimation that there wasn't either the opportunity or practice of competition between the existing, five plus his client, commercial licensees; that to his understanding there hasn't been anything to prevent anyone of the companies and/or persons from soliciting business throughout the entire city; that if the business of anyone or more of the businesses appear to be limited, it only speaks well on behalf of the City Rubbish Company; that the rates must be reasonable and the service must be good and his client is running a clean, orderly operation serving his customers well. He concluded by stating in part that the present number of licensees must be a favorable combi- nation of a number of collectors and questioned the need for more refuse collection companies or entities, because in his observation the City Council is contributing to the welfare of the citizenry insofar as the number of trucks traversing the city streets for the collection of rubbish and could see no reason for changing the pattern. Edward Dorsz, representing the International Harvester Company, stated in part that the City Refuse Company has purchased some $237,300 worth of new rubbish trucks and has on order ten additional vehicles; they are all diesel from which there is no smog emission. He also stated in part that Mr. Thorsen is sending four mechanics to his company's technical training center. Harry Meskell observed in part that as an insurance broker he insures. I some forty rubbish companies, one of which is the City Refuse Company; that all such companies have problems with personnel, size and type of trucks and the like; that the average company does not have mechanics, or a service program, does not own its own maintenance yard; that Mr. Thorsen is well above the average operator in his field. In conclusion he referred to press articles. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Hage and carried unanimously. It was noted in particular that the reputation of Mr. Thorsen is not 2. 12-19-67 F./~ I Continued until January 16, 1968 Renewals to be for 90 days HEARING (Kal-Sol Rubbish Co.) r::,II/'I Carried to Jan. 16, 1968 17:7150 in question; that the matter before Council at this time concerns the provisions of Code Section 6434.2 relating to commercial and industrial rubbish pickup licensees, not residential; that there are two issues in question, 1) is competition desirable and 2) is there competition in the community under the present limitation, Reference was made to the imposition of a maximum rate as set forth in Code Section 5~20,7 and the City Manager noted that it would be extremely complex to so do because the service offered, the number of pickups, the location of the pickups, the presence or absence of containers, the distance from the street or alley all vary, but it would be explored if it be the desire of Council. It was submitted that if there were a gross number of high charges the City would have received many more complaints. In considering the recommendations of the City Manager, it was the consensus of the Council that staff be instructed to prepare an appropriate ordinance and resolution establishing the regulations- based on the subject 13 points plus those explored during the dis- cussions such as multiple ownership of companies operating within the City, that each company have a minimum number of commercial accounts within one year after a license to operate is granted, and that territories to be served by the companies become self es- tablishing rather than set by the City. With regard to establishing a maximum rate it was the consensus that this should not be done at the present time; that if a code amendment is required this should also be set forth in the requested documents. It was determined that staff will prepare the foregoing for Council consideration at its regular meeting of JANUARY 16, 1968. Inasmuch as the licenses automatically expire the first of the year, it was the consensus that a temporary business permit be issued for a period of 90 days from and after date of issuance, unless renewed or extended by the City, and issued on the express condition that throughout its term or any extension or renewal, it shall be subject to such other or further conditions, restrictions or regulations as the City Council may deem necessary or advisable. Mayor Considine suggested that if the applicant for a commercial and industrial rubbish pickup permit, William Gillian dba Kal-Sol Rubbish Company, be present or by representation, that he agree that all of the testimony thus far submitted be deemed to have been submitted in the second hearing (this one) and that if he would like to add anything an opportunity is hereby provided. No one desiring to speak to the matter the hearing will be carried over until January 16, 1968. I PARKING The Planning Director explained in detail the request of REQUIREMENTS Mrs. Maurine T. Holcomb, optionee, and Harry Brunner, present owner (Proposed of property at 37 E. Huntington Drive, for'modification of the parking rest~urant) requirements for restaurant facilities proposed for said address. t3 The building is to be brought up to code. The restaurant would seat ~, 'c/',' . approximately 175 persons at one time which would average out about J. "t", ;.50 parking spaces wren full. According to the City Code the restaurant (/ would need 65 parking spaces, there being only four at present. He continued that the Planning Commission considered the request and after hearing testimony, both written and oral, and receiving and considering the staff report concerning the possible monetary payment which the City could accept in lieu of providing the required off street parking spaces, it was its recommendation that the request not be granted, but instead that the applicant be required to pay an in- lieu fee amounting to $26,250. 3. 12-19-67 PRIMARY MOTION AMENDMENT TO MOT ION 17 :7151 Mrs. Holcomb appeared before Council asking for a moratorium on the $26,250 assessment until such time as the restaurant could afford it; that she did not want to extend herself into a possibility of bankruptcy, and stated she could pay a monthly fee as rental of the parking spaces. She indicated that she could not go through with the negotiations IT the requirement were not waived. She explored the proposed improvements and submitted that it would enhance the appearance of the downtown area. The City Attorney advised that in the present case the Council has the authority to modify the parking requirements if it be its desire; I however he cautioned that the terms of the modification be quite precise particularly as to the duration thereof, so that non-conforming use rights do not become established in the area. He explained the formula which could be used to arrive at the desired conditions, and advised that any modification under the D overlay resolution may be accomplished on any terms Council so determines. Councilman Forman commented that in his opinion the Commission has spent a great deal of time in deliberating the matter and that it appears to be a reasonable adjustment, whereupon he MOVED that the recommendation of the Planning Commission be APPROVED. Councilman Arth seconded the motion and commented that he could foresee a bigger problem in the parking situation; that it is important for any new major development to provide adequate parking because the business could fail due to inadequate parking accommodations. Councilman Hage expressed sympathy with the applicant and stated in part that he would certainly like to see her operate a good restaurant and referred to the requirements with which a nearby restaurant recently had to comply. He questioned if the Council, by granting the requested waiver, would be setting a precedent for future restau- rants in the town center, referring specifically to a proposed roof- top restaurant. Councilman Butterworth felt that almost any change in the subject area would be for the better; that he was thinking in the main that all businessmen in the area would benefit from the proposed improvement to the building; that Mrs. Holcomb has a small business compared to some others and in his opinion she should be given an opportunity; that Council should exercise the discretion afforded to them to endeavor to render some type of temporary relief to Mrs. Holcomb. Mayor Considine observed that if Council made a modification on the in lieu payment and Mrs. Holcomb proceed with the restaurant, if it should fail and she was unable to make her payments, the city would gain by the improved appearance of the building over and beyond what it now has, except perhaps the opportunity to put some cash into the bank for procurement of additional parking spaces later. He continued I that there are two alternatives 1) use the formula of the in-lieu on a modification with a two year hence payment period, or 2) use a lease rate starting immediately which would effectively accomplish the same . thing. Mrs. Holcomb advised that she would be able to pay a monthly fee for the rental after the restaurant is operating. Councilman Arth then MOVED for an amendment of the primary motion: THAT the restaurant be assessed the figure of $26,250 for in lieu -parking; that the payment of one (1) percent of said amount ($262.50) per month be made for two years starting at the time the restaurant is opened for business; the balance to be paid in two equal installments at the start of the third and fourth years respectively. Councilman 4. 12-19-67 PRIMARY MarION AS AMENDED I HEARINGS SCHEDULED (ZONE TEXT CHANGES) ~ TAXI RATES Increased F-- 76 I EQUIPMENT PURCHASE (Street sweeper) P,'~t- t/ 17: 7152 Butterworth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine Councilman Forman, Rage None Mayor Considine then called for roll call vote on the primary motion as amended: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine Councilmen Forman, Rage None Responding to an inquiry by Mrs. Holcomb, Councilman Arth stated that interest on the assessment would not be required. At 10:10 p.m. Councilman Butterworth took his leave from Council Chamber. Recommendation of the Planning Commission (Res. No. 624) concerning change in the zoning text of the Arcadia Municipal Code as it relates to restaurants scheduled for TUESDAY JANUARY 2, 1968. Recommendation of the Planning Commission (Res. No. 625) concerning change in the zoning text of the Arcadia Municipal Code as it relates to service station signs scheduled for TUESDAY JANUARY 16, 1968. The request of the Arcadia-Monrovia Valley Cab Company for permission to increase its rates was received and considered by the City Council on November 21, 1967 and continued until this date; during the interim a study has been made on rates charges by the four major cab owners serving the San Gabriel Valley, and in particular the City of Monrovia. It was noted that the last increase was granted in 1963. Results of the study indicated rates similar to those requested by the applicant and that Monrovia has approved a similar request. Whereupon it was MOVED by Councilman Forman, seconded by Councilman Hage and carried unanimously that the request for an increase in taxicab rates be granted and that the City Attorney prepare the appropriate resolution therefor. The City Manager advised that only one bid was received for the purchase of a new three wheeler, single gutter-broom street sweeper with a 1959 Wayne Sweeper to be accepted as a trade-in, the principal reason being that the sweeper routes involve some cul-de-sacs and that a short turning radius is necessary for such sweeper and made his recommendation therefor. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that the recommendation of the City Manager be approved and that a contract be awarded to the one bidder, DEARTH MACHINERY COMPANY, for said purchase in the total amount of $11,022.75 (reflects trade-in allowance of $1,488); that any informalities or irregularities in the bid rr bidding process be waived and that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. It was noted that funds are available in Account 433-74C. AYES: NOES: ABSENT: Councilmen Arth, Forman, Rage, Considine None Councilman Butterworth 5. 12-19-67 EQUIPMENT PURCHASE (Dump Truck) p,,~~t t.' ALL NIGIIT PARKING SIGNS p.,,/ ENGINEER RETAINED (Street bridge) -1.. C .yil-If 17 :7153 The City Manager adVIsed of the following b'id s received for the purchase of one tilt-cab dump truck with front-end loader with a 1959 International truck to be accepted in trade and recommended award of a contract to the low bidder (Wegge Motors), the VENDOR BID PROPOSAL MAKE & MODEL Wegge Motors Orrin W. Fox La Habra Dodge, Inc. Huntington Motors, Inc. White Motor Corporation Lindy Chevrolet Dodge'L700 GMC TM7680A Dodge L700 Ford C700 White 3100 Chevrolet TE6l8l3 $12,211.46 $13,163.99 $13,306.59 $13,873.54 $15;016.26 $16,050.60 I It was MOVED by Councilman Arth, seconded by CQuncilman Hage and carried on roll call vote as follows that the contract for said' equipment be awarded to WEGGE MOTORS in the total amount of $12,211.46; that all other bids be rejected; that any informalities or irregu- larities in the bids or bidding process be waived and that the Mayor and City Clerk are hereby authorized to execute the contract in form approved by the City Attorney. Funds are available in Account 433-71C. AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth 'J At the request of the City Council the Department of Public Works submitted a proposal to mount 24 signs to adequately advise the public of the City's prohibition on over-night parking on public streets. The signs would be placed at boundary streets as indicated in a report dated December 14, 1967. The total cost would be $319.20 excluding the cost of mounting post and labor. Funds to be made available from the salary account of the Street Maintenance Division of the Department of Public Works. It was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the recommendation as outlined above be approved and that staff be instructed to inaugurate the instal- lation of the signs. AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth In connection with the construction of a bridge over Santa Anita Wash and an equestrian tunnel (Job #331) which contract was authorized on September 7, 1967 and awarded to Peter Kiewit and Sons, the City I Manager and Director of Public Works recommended the firm of Neil Richards and Associates to design the subject bridge and tunnel (initial compensation of $1200 to cover cost of surveys and soils engineering plus 6 percent of construction cost of the bridge). I~ was noted that financing of the equestrian tunnel is provided for in the Joint Powers Agreement previously approved by Council and that the bridge will be financed from County Aid to Cities Funds previously budgeted. It was MOVED by Councilman Forman, seconded by Councilman Arth and carried on roll call vote as follows that an agreement be entered into with the firm of Neil Richards and Associates for design of the subject bridge and equestrian tunnel; that the Mayor and City Clerk be and 6. 12-19-67 I VACATION Storm Drain easement and right-of-way ~ SMOG STANDARDS S'{u~ .1/ JI"~-'.I;' ,t} LAND PURCHASE (tax delin~uent) ./ . I 17 :7154 they are hereby authorized to execute the agreement in form approved py the City Attorney. AYES: NOES: f.B SENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth At the request of the United States Forestry Service for vacation or abandonment of a storm drainage easement (located in the westerly portion of proposed acquisition of a portion of Tract No. 12527) in connection with the forthcoming freeway, it was MOVED by Councilman Hage, seconded py Councilman Forman and carried unanimously that a quitclaim deed be prepared to quitclaim to the owners of record that certain storm drain easement in the easterly portion of Lot 9, Tract- No. 12527 and that portion of-Haven Avenue in said tract lying south- westerly of the freeway right-of-way; that the Mayor and City Clerk be and they are hereby authorized to execute same. At the request of the City Council a report was prepared on State standards for smog control on vehicles. The matter was brought to the attention of the City Council by Councilman Marvin Braude of the Los Angeles City Council. It was noted that it is desirable for the City to support efforts to raise smog prevention standards, but that it is debatable whether the City use of the proposed standards would have any effect; that there is only one vehicle budgeted for purchase by the City within the next 6~ months. However, it was MOVED by Councilman For~an, seconded by Councilman Arth and carried unani- mously that the 'City Council support efforts of the County and other cities to have State standards raised at an earlier date than presently scheduled. Copies of this determination to go forward to Councilman Braude and to the State of California Air Resources Board. upon the recommendation of the City Manager it was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the City enter into an agreement with the Board of Supervisors of the Los Angeles County for the purchase of a certain parcel of real property~~ich has been tax deeded to the State for delinquent taxes, Lot ~ of the Chicago Park Tract, 61-8539-28-43 at a price of $1.00 plus any advertising costs in connection therewith. Purpose for such acquisition - future fire protection, water pro- duction and/or distribution facilities; that the Mayor and City Clerk be authorized to execute said agreement. AYES: NOES: ABSENT : Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth STREET It was explained by the City Manager that the City now has appraisal WIDENING work underway to widen the right-of-way for Baldwin Avenue, south to (Baldwin Camino Real, to 84 feet; including a lO-foot parkway, four l2-foot Avenue) lanes and two 8-foot parking lanes. However, he submitted the possi- . bility of a median strip in the center of Baldwin Avenue inasmuch as ~--l'tJ6~-e:it primarily ru~s through a residential area; that it would enhance the appearance. of the thoroughfare. He noted that it is now possible to deviate from State standards when local conditions warrant. Dis- cussion ensued ~n dimensions for the new concept. , ,~~ It was MOVED by Councilman Forman, seconded by Councilman Arth and 7. 12-19-67 ORDINANCE NO. 1369 Adopted and Readopted / ORDINANCE NO. 1370 Introduced t/ CITY ATTORNEY APPOINTED /' RESOLUTION NO. 3973 Adopted V' 17 :7155 carried unanimously that the recommendation of the City Manager. be APPROVED; that the design include four 11' travel lanes, two 8' parking lanes, two 5' parkways and a 13' median strip. Staff to estimate costs of said changes. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1360, 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." I MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1369 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth Councilman Hage further MOVED that Ordinance No. 1369 be adopted and readopted. Motion seconded by Councilman Arth and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1370 entitled: "AN ORDINANCE'OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 9293.7 OF THE ARCADIA MUNICIPAL CODE." 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. 1370 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth Councilman Forman further MOVED that Ordinance No. 1370 be introduced. Councilman Arth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth I It was MOVED by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that Rex H. Minter be and he is hereby appointed and employed as the City Attorney of the City of Arcadia with compensation for all services rendered by him to be $1,416.66 per month, to serve in such capacity at the pleasure of the City Council. Said appointment effective January 1, 1968. Whereupon the City Attorney presented, summarized the content and read the title of Resolution No. 3973, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING REX H. MINTER CITY ATTORNEY AND SPECIFYING THE TERMS AND CONDITIONS 8. 12-19- 67 I ADJOURNMENT I 17 :7156 OF HIS SAID EMPLOYMENT AND REPEALING RESOLUTION NO. 2327." MOTION by Councilman Forman, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Resolution No. 3973 be waived: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth Councilman Forman further MOVED that Resolution No. 3973 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Forman, Hage, Considine None Councilman Butterworth Mayor Considine adjourned the meeting at 10 :35 p,.m. ATTEST: ~~_/~~ City Clerk . 9. 12-19-67