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