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