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HomeMy WebLinkAboutNOVEMBER 19,1963 I INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF' MINUTES 'HEARING (Vallone) F qq I r"JV/O HEARING (Winslow) ):5!~ I 15: 6130 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR ME,ETING NOVEMBER 19, 1963 The City Council of the City of Arcadia met in regular session in Council Chamber of the City Hall on November 19, 1963 at 8,P.M. the Rev. Eugene E. Collins, Arcadia Friends Church Mayor Pro tempore Reibold MOTION by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that the Minutes of the regular meeting of November 5, 1963 be approved. The appeal filed by Mike Vallone from Planning Commission Res. No. 485 recommending denial of requested variance for the construction of an eight story apartment building at 614 - 642 W. Huntington Drive was CONTINUED until the regular Council meeting of January 7, 1964 on motion by Councilman Butterworth, seconded by Councilman Turner and carried unanimously. The City Clerk was directed to so advise Mr. Ralph Erlingheuser of this continuation inasmuch as he had made similar application which had also been recommended for denial by the Planning Commission. ~504 - 508 W. Huntington Drive) Application filed for business permit to allow the Welcome Wagon International to conduct a hostess service program, within the City with Mrs. Richard G. Winslow acting as hostess was continued until this meeting. The City Manager referred to a report submitted by him to the City Council with additional correspondence from the applicant together with correspondence from the local Chamber of Commerce and the Arcadia Business Association President,Kermit Hartzler. The latter two organizations urged the City Council to disapprove the application inasmuch as the City has a hostess program which it is felt is successfully serving the City. The Hearing remaining open, Kermit Hartzler, 46 Woodland Avenue, Arcadia, in answer to questions propounded by Councilman Butterworth stated in part that he wrote the letter from the Arcadia Business Association as an individual; that the organization is a symbol of free enterprise, the same as the Chamber of Commerce; that competition is part and parcel of a free enterprise system and that he was endeavoring to protect his business and that of the other members of the association against the possibility of unfair competition with which he had had previous experience. Mr. Hartzler stated further, in part"that competition is welcome but that in his opinion the City does not need two services of this type; that the expression for denial was his. 1. 11-19-63 15:6131 Discussion continued at length with Councilman Butterworth stating,in part, that city government in his opinion does not have the right to eliminate competition unless fraud or unfair practices can be proven; that it has not been shown in this instance, and to prohibit Welcome Wagon International would create a monopoly. Mayor Pro tempore Reibo1d being of the opinion that the subject had been covered, asked the City Manager to present his understanding of the Chamber of Commerce recommendation for denial. The City Manager stated in part that the Chamber had a responsibility to its members to promote community business; that it can take all businesses, whereas the I Welcome Wagon can only take one business from each category. Kathleen Okel, representative of the Welcome Wagon, stated in part th h organization may sign up more than one business in a given category p vi ding the merchant subscribing for the service first does not object; that she was not aware that the Chamber of Commerce service was subscribed to by all the local merchants. Upon inquiry Mr. Wentworth, manager of the local Chamber of Commerce, stated in part that its service is available only to those members who have subscribed; that it is solely for the Chamber members. Hearing closed There being no further public participation indicated, Councilman Balser MOVED that the hearing be closed. Motion seconded by Councilman Butterworth and carried unanimously. Upon_questioning, the City,Atto~ney explained that if a resident is first contacted by telephone or mail and an appointment arranged, a Council permit would not be required solely for the Welcome Wagon to call upon the person and leave the material and make its presentation; however, a permit is required for that portion of applicant's business wherein merchants are solicited for advertising; that if a permit were denied to solicit merchants in town, it would be theoretically possible fO,r Welcome Wagon to operate without a permit by using only out of town merchants and making calls in town only upon prior appointment. Upon further questioning, the City Attorney recited past instances where coupon books with merchant advertising had caused serious problems; that misrepresentation or at least absence of a full factual disclosure had occurred in some instances; that this type of activity the City endeavors to control. Councilman Butterworth stated in part that in his opinion the City Attorne had demonstrated the theory behind the prohibition of door to door solici- tation; that in his judgment there had been no evidence of this in the pending application and no evidence of unfair practices, and that he would favor granting the request. Councilman Balser stated in part that in his opinion the local I Chamber of Commerce conducts a successful hostess service program; th it is being extended; that to approve the application would open the r to other organizations asking for business permits for similar operatI s; that it could become a nuisance; that the City regulation does not and could not preclude telephone solicitations and he MOVED that the application be DENIED. The Motion did not carry for lack of a second. MOTION TO APPROVE (carried) Councilman Turner stated in part that in his oplnlon competition would take care of the situation; that it would be good for the personnel of the Chamber of Commerce in that it would tend to encourage better service to 2. 11-19-63 I HEARING (Building regulation) .g- /0 / 9 I 15:6132 those who are paying for the service and he MOVED that the application be APPROVED. Motion seconded by Councilman Butterworth. Mayor Pro tempore Reibold observed that he was being limited to Chamber of Commerce members. call vote: concerned with the service He then called for the roll AYES: NOES: ABSENT: Councilmen Butterworth, Turner, Reibold Councilman Balser Councilman Phillips Planning Commission Resolution No. 498 recommending limiting the height all future buildings to two stories or 35 feet in all zones except Zone Special Height Zone. of 'H Mayor Pro tempore Reibold requested the Planning Director to summarize the existing height pattern with the City which was presented in detail with the aid of projecturals. The Hearing was then declared open for public participation. Mr. Hal Wentworth, 311 San Luis Rey, Arcadia, expressed in part concern that consideration was being given the height of future buildings when determination had not been made on rules and regulations pertaining to Zone 'H' Special Height Zone. No one else desiring to be heard MOTION to close the hearing was made by Councilman Turner, seconded by Councilman Balser and carried unanimously. Councilman Turner stated in part that in his opinion two stories and 35 feet in height are not synonymous; that some areas of the recommendatio need to be reconciled; that the Council is concerned with either density of usage or height; that he would suggest omitting the two stories limitation and deal only with height in feet; that Council is presently considering only commercial zones. Reference was made to ways in which buildings could be constructed making more than two stories possible in 35 feet. The Planning Director advised that his office has received inquiries on the possibility of constructing four story buildings; that it could only be a period of time until this is done unless some regulation is adopted. Councilman Balser observed that in his opinion the interests of the City could best be served by prohibit in". more tthan tifQ ~tOl;i"S in __..~:<-e:],- . aaJacen "to re ~ enc~al area" ~~~~ neighborhood shopping centers t at to do otherwise would alter the existing residential character of the City. He then MOVED that Planning Commission recommendation as contained in its Resolution No. 498 be APPROVED. Councilman Butterworth seconded the motion and observed that there is merit on both sides of the question; that he was impressed with the unanimous vote of the Planning Commissioners. Mayor Pro tempore Reibold stated in part that there is not as yet an 'H' zone anywhere in the city; that he is concerned with the possibility of another moratorium situation; that the West Arcadia 'HI zone recommendation has not even reached Council; and he would favor not taking any action until the 'H' factor had been determined. ,3. 11-19-63 ROLL CALL HEARING (Zone 'H') APPROVED TRACT NO. p,';\ JwL, 29011 ~ TENTATIVE MAP DENIED PUBLIC HEARING Scheduled {}- /001 A 15: 6133 Councilman Turner then MOVED that the following amendment be made to the original motion: "except that Council approve only the height limitation of 35 feet, omitting the two story requirement set forth in Resolution No. 498". Councilman Butterworth seconded the motion on the amendment. AYES: NOES: ABSENT: I Councilmen Butterworth, Turner, Reibold Councilman Balser Councilman Phillips Following further discussion, Mayor Pro tempore Reibold called for the roll call vote on the motion as amended: AYES: NOES: ABSENT: , Councilmen Counci Iman Councilman Butterworth, Turner Balser, Reibold Phillips A,TIE VOTE being cast" the matter will go over to the next regular City Council meeting of December 3, 1963. Planning Commission Resolution No. 500 recommending classification of certain properties in the East Arcadia commercial area into Zone 'HI Special Height zone in addition to the basic zone thereto. The Planning Director summarized the recommendation, displaying visual aids and stated in part that the Planning Commission had favored considering the various areas in question on a phase' basis; that this is the first to have been determined. The hearing was then declared open for public participation and no one desiring to be hear~ the hearing was closed on MOTION of Councilman Butterworth, seconded by Councilman Turner and carried unanimously. MOTION by Councilman Butterworth, seconded by Councilman Balser and carried on roll call vote as follows that Planning Commission recommendation as contained in its Resolution No. 500 be APPROVED. I AYES: Councilmen Balser, Butterworth, Turner, Reibold NOES: None ABSENT:Councilman Phillips Planning Commission recommendation for denial of tentative map based I its findings that the lots generally would not comply with the Subdiv on Ordinance. MOTION by Councilman Butterworth, seconded by Councilman Turner and carried unanimously that the Planning Commission recommendation be accepted and tentative map of Tract No. 29011 be DISAPPROVED. Planning Commission Res. No. 501 recommending AGAINST Zone 'H' (special height zone) in portions of East Arcadia (easterly of Santa Anita Avenue from the south side of Alta Street to the north side of California Street between Santa Anita and Second Avenues; and from the south side of California Street to the north side of Duarte Road between Santa Anita to First Avenues. 4. 11-19-63 15: 6134 Said recommendation requLrLng a public hearing MOTION made by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that Tuesday December 17, 1963 at 8 ,P.M. be set for said hearing. DOG WORLD MOTION by Councilman Turner, seconded by Councilman DEPARTMENT Butterworth and carried unanimously that the prior approval of the STORE request for permission to conduct a Dog World Department Store in F. (). (the moratorium area (26 E. Huntington Drive) be amended to also permit t(Li. ~'I JI '-....... . .,. ...' not more than ten puppies not over four months of age to be kept over. night on the premises in an enclosed area which would be constructed 'so as to eliminate the noise factor. I CONTRACT BRIDGE ,A PK TRAFFIC INSTALLATION (work accepted) F-.' (14"/ POPULATION ESTIMATE BY CALIFORNIA 16&'/ I","", FOR INCREASE IN TAXI RATES q- 1 S Upon recommendation of the City Manager it was MOVED by Councilman Balser, seconded by Councilman Turner and carried unanimously that permission be granted to the San Gabriel Valley Unit of the American Contract Bridge League to hold its tournament at the Los Angeles Turf Club between November 22 and 24, 1963 upon compliance with all State and Local regulations. Upon recommendation of the City Manager and the Director of Public Works, it was MOVED by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the installation of traffic signals (Job No. 286) at Santa Clara Street at Santa Anita Avenue and at Huntington Drive; Live Oak and Greenfield Avenues and Santa Anita and Virginia Drive be accepted as satisfactorily completed and that final payment in accordance with the contract be authorized. AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reibold None Councilman Phillips MDT ION by Councilman Butterworth, seconded by Councilman Balser and carried on roll call vote as follows that Council approye the recommendation of the City Manager and that the Mayor Pro tempore be:'and he is hereby authorized to execute on behalf of the City of'Arcadia an agreement between the City and the Department of Finance of the State of California, in form approved by the City Attorney; said agreement to provide for the Department of Finance to estimate tre increase in population of the City as provided for in Section 194.2 of the Streets and Highways Code. AYES: Councilmen Balser, Butterworth, Turner, Reibold NOES: None ABSENTiCouncilman Phillips The City Manager advised of-the receipt of a request from the Arcadia-Monrovia Valley Cab Company for an increase in its rates; that the City of Monrovia has also received a similar request and that it would be his recommendation that the City Council defer any action until such time as Monrovia had made its determination. Councilman Balser MOVED that the City Council accept the recommendation of the City Manager and hold in abeyance the request until such time as the matter has been reviewed by both Arcadia and Monrovia. Motion seconded by Councilman Turner and carried unanimously. 5. 11-19-63 1963 WEED F Qs'6 ABATEMENT (COMPLETED) 15:6135 Upon recommendation of the City Manager, Councilman Butterworth MOVED that the work as satisfactorily completed by Harold Watts in the weed abatement program for 1963 be accepted and final payment in accordance with the contract be authorized. Motion seconded by Councilman Turner and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Turner, Reibold NOES: None ABSENT: Councilman Phillips I TRUCK On recommendation of the City Manager, Councilman Balser MOVED that th PURCHASE City purchase from the low bidder, ORRIN W. FOX COMPANY in the amount !J' ~r~ $7,587.98, two - 2 1/2 ton cab and chassis trucks. Motion seconded " g--, t-- by Councilman Turner and carried on roll call vote as follows: f1,';M tl/.... AYES: Councilmen Balser, Butterworth, Turner, Reibold NOES: None ABSENT: Councilman Phillips ADVERTISE FOR BIDS (WATER DEFT. ) ADVERTISE FOR BIDS (WATER DEFT. ) BOOSTER PUMP *IO.9-~ MOTION by Councilman Turner, seconded by Councilman Balser and carried unanimously that the City Clerk be authorized to advertise for bids to be received on MONDAY December 2, 1963 at 11 A.M. for the construction of a concrete block wall at the Baldwin Avenue Reservoir site. MOTION by Councilman Balser, seconded by Councilman Butterworth and carried unanimously that the City Clerk be authorized to advertise for bids to be received on MONDAY, DECEMBER 2, 1963 at 11 A.M. for the water main replace in Camino Real from Holly to Baldwin Avenue. MOTION by Councilman Turner, seconded by Councilman Butterworth and carried on roll call vote as follows that the firm of Perliter and Soring, Consulting Engineers, be retained to perform the necessary engineering for the construction of a'gas fired booster pump and appurtenances at the St. Joseph Plant for a fixed fee of $3000. AYES: NOES: ABSENT: Councilman Balser, Butterworth, Turner, Reibold None Councilman Phillips It was determined that the agreement would not be executed until such time as the consulting engineers report on its study of the noise level. 1962 - 63 MOTION by Councilman Butterworth, seconded by Councilman Turner and I FINANCIALr-1 (J, -1 carried unanimously that the 1962 - 63 financial report as presented b REPORT I" . J--Pr- 'accepted and officially filed. SIGN (moratorium area) J- '~C-N MOTION by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that the request of the Hub Sign Company for a building permit to allow the installation of a sign at 73 W. Huntington Drive be approved. Said installation to comply with all regulations. 6. 11-19-63 15:6136 (Moratorium Area) MOTION by Councilman Turner, seconded by Councilman Butterworth and carried unanimously that the request of Arcadia Textile Company for permission to install an aluminum awning on the building at III E. Huntington Drive be approved. Said installation to comply with all regulations. AWNING LAND I"'''''''' MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote as follows that an appraiser be employed in connection with the acquisition and disposal of certain properties, as recommended by the Land Committee, at a fee of $1000, to be appropriated from the Council Contingency Fund: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reibold None Councilman Phillips The City Attorney presented, explained the content and read the title of Ordinance No. 1228 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9233.8 AND 9233.11 OF THE ARCADIA MUNICIPAL CODE BY CLASSIFYING SPECIFIED PROPERTIES INTO ZONE H SPECIAL HEIGHT ZONE, IN ADDITION TO THE BASIC ZONE APPLICABLE THERETO". ORDINANCE NO. 1228 (Introduced) M9~I9N by Councilman ~alser, seconded by Councilman Turner and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1228 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reibold None Councilman Phillips MOTION by Councilman Balser, seconded by Councilman Turner and carried on roll call vote ~s,follows that Ordinance No. 1228 be INTRODUCED: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reibold None Councilman Phillips ORDINANCE NO. 1227 (Introduced) The City Attorney presented, explained the content and read the title of Ordinance No. 1227 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 3213.3.5 AMENDING SECTION 10.4 OF THE UNIFORM TRAFFIC ORDINANCE". I MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1227 be waived: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reibol~ None Councilman Phillips MOTION by Councilman Turner, seconded by Councilman Balser and carried on roll call vpte as follows that Ordinance No. 1227 be INTRODUCED: AYES: NOES: ABSENT: Councilmen Balser, Butterworth, Turner, Reihold None Councilman Phillips 7. 11-19-63 CIVICS CLASS BALDWIN (widening) INCREASE IN SCHOOL ENROLLMENT ('HI Zone) ADJOURNMENT 15:6137, Mayor Pro tempore Reibold departed from the agenda continuity to inform the visiting students regarding Councilmanic procedure. Councilman Balser inquired as to the status of the proposed widening of Baldwin Avenue between Duarte Road and Live Oak Avenue. The City Manager advised that a meeting had taken place with some of the property owners of the subject area in an endeavor to Secure dedications; that he had met with objections in the immediate vicinity of Workman Avenue; thatl he would keep Council advised as to progress. Councilman Butterworth expressed concern in school enrollment statist resulting from increased multiple dwelling construction. ,Planning ,Department staff member summarized findings and suggested a change in reporting procedure in order to arrive at a definitive figure with a 'distribution map reflecting student population. Mayor Pro tempore Reibold declared the meeting adjourned at 9:50 P.M. ? ~~ cl;) (j)JA.J..1~ . Mayor Phillips ~ ATTEST: ~~4~ City Clerk I 8. 11-19-63