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HomeMy WebLinkAboutJUNE 5,1973_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 20:8302 INVOCATION " PLEDGE OF ALLEGIANCE ROLL CALL MINUTES APPROVED 11~ YOUTH COMMISSION / HEARING 1973-74 Budget (Tournament of Roses) flfl R I MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JUNE 5, 1973 The City Council of the City of Arcadia, California, met in regular session on Tuesday, June 5, 1973 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Councilman Don W. Hage Mayor C. Robert Arth PRESENT: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None The minutes of the regular meeting of May 15, 1973 were APPROVED on MOTION by Councilman Scott, seconded by Councilman Helms and carried unanimously. The minutes of the adjourned regular meeting of May 17, 1973 were APPROVED on MOTION by Councilman Helms, seconded by Councilman Butterworth and carried unanimously. Certificates were presented to three retiring Youth Commissioners and Mayor Arth expressed appreciation for their efforts and accomplishments. New members were introduced and welcomed by Councilman Scott, liaison to this Commission. It was then MOVED by Councilman Scott, seconded by Councilman Helms and carried unanimously that the new members be confirmed. ' Prior to the hearing scheduled on the proposed 1973-74 Budget Council considered and acted upon the following requests: Request of the Arcadia Tournament of Roses Association for an appropri- ation of $4000 to assist in the financing 'of the City float for'the Parade on January 1, 1974. H. Randall Stoke, President of the Association, explained the need and problems being encountered. He submitted a report reflecting expenses and net receipts for the years 1971-72 and those anticipated for 1973. Following the discussion it was the consensus of Council that an amount of $2500 be appropriated at this time; that at this stage of planning the door could be left open to further consideration. In response to an inquiry by Councilman Scott, Mr. Stoke stated in part that the Association has studied the possibility of trading' off - like every other year - with another San Gabriel Valley city. That there are a number of cities which do not want to participate and that with a program every other year the enthusiasm necessary to keep the Association going would be lost .. that efforts cannot be regenerated and reconsti- tuted under that premise. Councilman Arth concurred with the suggested amount, however, he still thought there could be some manner'of resident solicitation .. every person who contributed would feel a part ,of the program.. Mr. Stoke responded that he would look ,into that approach. 6-5-73 - 1 - (Arcadia Mounted Police) F,151 BUDGET HEARI.NG CLOSED (ADOPTION CONTINUED) HEARING EIR (CHICAGO PAf~ 1014 (EL NORTE AVENUE) (ORANGE GROVE) (FIRST AVENUE) 20:8303 It was then MOVED by Councilman Helms, seconded by Councilman Scott that $2500 be allocated in the 1973-74 budget. Councilman Butterworth asked Council to reach a policy decision on this matter if and when the Association does return for additional funds. He did not agree entirely with Mayor Arth as to the resident appeal approach - that the Association has to compete with the charity dollar and it is getting extremely diffi- cult to raise money. He submitted that perhaps Council should fund a certain percentage of the cost on a sustaining basis; that the Association would then know what it could rely upon. AYES: NOES: ABSENT: Councilmen Scott, Rage, Butterworth, Helms, Arch None None Request of the Arcadia Mounced Police for an appropriation in the forthcoming budget of $2000. It was stated in a letter dated May 29 that the increased funds are needed to help defray annual operating and maintenance expenses. Council agreed that the organization is most. worthwhile and renders service to the city and agreed that costs have increased. An amount of $1750 was considered. It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows that $1750 be appropriated in the 1973-74 budget for the subject organization. AYES: NOES: ABSENT : Councilmen Scott, Hage, Butterworth, Helms, Arth None None At this time Mayor Arth declared the hearing open. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously. NOTE: The formal adoption of the budget was continued and will be considered at a later date. Environmental Impact Reports; Mayor Arth declared the hearing open on the EIR relating to the Arcadia Industrial Park (Chicago Park). No one desiring to be heard the hearing was CLOSED on MOtION by Councilman Scott, seconded by Councilman Hage and carried unanimously. It was further MOVED by Councilman Scott, secoaded by Councilman Hage and carried unanimously that the Environ- mental Impact Report be APPROVED. Mayot Arch declared the hearing open on the EIR concerning the street improvement of EI Norte Avenue from Mayflower to Tenth Avenue. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously. It was further MOVED by Councilman Butterworth, seconded by Councilman Helms and carried unanimously that the Environmental Impact Report be approved. Mayor Arth declared the hearing open on the EIR for the street improvement of Orange Grove Avenue from Santa Anita to the west side of Rodeo Road. No one desiring to be heard the hearing was CLOSED on MOTION by Councilman Hage, seconded by Councilman Scott and carried unanimously, It was further MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that the Environmental Impact Report be APPROVED. I Mayor Arth declared the hearing open on the street improvement of First Avenue between Colorado Boulevard and Santa Clara Street. No one desiring to be heard thehearing was CLOSED on MOtION by Councilman Scott, seconded by Councilman Hage and carried unanimously. It was further MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that the Environmental Impact Report be APPROVED. 6-5-73 - 2 . HEARING (Bus ine s s Permit) APPROVED ,,1/ . . t l'_ _ C. ~~ ~.()f- ~i)::' 1 TRACT NO. 28820 (Tent at ive Map approved) f. !~'J.I (CONSTRUCTION REQUIREMENTS) STUDY I\lSP.' TRACT NO. 30569 FINAL MAP APPROVED ,,06 ~... I ..> l- I TRACT NO. 30770 FINAL MAP APPROVED , 1 1 r) 3~, .CONDITIONAL USE PERMIT ( CONTINUED TO JUNE 27 20:8304 Application of Harold Rouse for a Council Permit to allow the auction of machinery and office equipment at the Omark Industries Company, 47 St. Joseph Street, on July 10, 1973 on the premises. Mayor Arth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Helms and carried unanimously. It was further MOVED by Councilman Butterworth, seconded by Councilman Helms and carried unanimously that the Council Permit be issued subject to the completed report containing no adverse information. (As of this date the subject report has not been received.) Planning Commission recommendation for approval of the tentative map of Tract No. 28820 subject to specified conditions. A 20 unit condominium is proposed for 1015-23 Arcadia Avenue. It was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried unanimously that the tentative map be APPROVED subject to conditions. Councilman Helms recalled that some years back there was a rash of apartments being constructed in the City which from a design and material standpoint left much to be desired... That now there seems to be a rash of condominiums and the same holds true as far as quality is concerned. These buildings could in time become a blight on the rest of the City and tend to drag down. the environmental quality. He asked that a study . -- be- made by staff of the present requirements for this type of con- struction with a report back as to whether or not, in the opinion of staff, there are any areas which could be upgraded. Councilman Scott suggested consideration of a moratorium in order to preclude a rash of plans coming in just to meet a deadline. It was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that staff be instructed to study the total requirements pertaining to tentative tract maps of condominiums looking to the possibility of upgrading the requirements and standards with a report back to Council as soon as reasonably possible. In the meantime the Planning Commission and Department hold in abeyance any further processing of condominium applications. Planning Commission recommendation for approval of the final map of this tract subject to continued compliance with the terms of approval of the tentative map. This tract is proposed for 129 - 133 California Street with eight units as a condominium. It was MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously the final map of Tract No. 30569 be APPROVED. Planning Commission recommendation for approval of the final map of this tract subject to continued compliance with the terms of approval of the tentative map. ,It is proposed to construct a 16 unit condominium at 914 - 920 Fairview Avenue. It was MOVED by Councilman Helms, seconded by Councilman Scott and carried unanimously that the final map of Tract No. 30770 be APPROVED. The Planning Director explained that Planning Commission Resolution No. 813 granted a conditional use permit to the Emmanual Assembly of God Church for the construction of a two-story structure to be added to an existing church facility at 23 W. Foothill Boulevard. He noted the improvements surrounding this location and the conditions of approval as imposed by the Commission. Edward Rembecky, 41 W. Foothill Boulevard, expressed concern about the proposed expansion and the impact it would have on the residential area; also the two-story building which does not blend in with the sur- roundings. He noted other aspects of the proposal which he felt should be studied at greater length. He also expressed a desire to see the actual drawings. 6-5-73 - 3 - 20:8305 In concluding its discussion on this matter it was the consensus that inasmuch as concern has been expressed it should be scheduled for a hearing before Council. It was MOVED by Councilman Scott, seconded by Councilman Hage and carried unanimously that the matter be set for hearing on June 27. Councilman Butterworth commented that since the matter is going to be delayed perhaps staff could consult with the Church and look into the possibility of constructing a one-story addition. AUDIENCE PARTICIPATION Michael Schmidt, 2801 Longley Way, presented a petition with 11 1 signatures of residents opposing the construction of a sidewalk on Longley Way between Live Oak and Las Tunas Drive. Reasons therefor were set forth. He also advised that he had talked with the Principal of Longley Way School who supports the opposition. Councilman Hage substantiated this as he had also talked with the Principal. Discussion ensued with Councilman, Scott submitting that in his opinion the final judgment would be at the District level. However he expressed sympathy with those who did not want sidewalks and felt they should not have them if this is the case. He then asked the Director of Public Works if it would be possible to effect a change order with the contractor. The contract has already been let for this project. The Director of Public Works explained what might be possible. .... /1.. ~O /" " COMMUNICATION (Sunday Racing) FASHION PARK (fina 1 build ing plans) 1 (" 11.1 Councilman Butterworth referred to the time when the sidewalk program was originated some eight years ago for the safety of the school children. That perhaps the initial purpose has been accomplished and that Council should take a look at the overall program to see whether or not the purposes have been fulfilled. It was MOVED by Councilman Scott, seconded by Councilman Helms and carried on roll call vote as follows that the Director of Public Works be instructed to ascertain at the school district level if sidewalks are not necessary on Longley Way. If this be the finding then he is hereby instructed to negotiate a reasonable change order with the contractor to delete sidewalks from Longley Way; that perhaps other streets needing sidewalks could be substituted if possible. AYES: NOES: ABSTAIN: ABSENT: Councilman Scott, Hage, Butterworth, Helms None Counc ilman Arth None Council received the communication from the City of San Marino that it voted unanimously to support the City in any action it takes to preclude racing on Sunday at the race track. The City Manager will suggest to San Marino that it communicate this to the League of California, Cities and other city officials posthaste. 1 Council received the final plans for Santa Anit a Fashion Park for the purpose of approval pursuant to Resolution No. 4185. The City Manager advised that the plans had been reviewed by staff who found they comply substantially with the preliminary plans which were approved by 6-5-73 - 4 - 1 CONTRACT AWARD (PARK DEVELOPMENT) ~.153 IMPROVEMENTS ACCEPTED (Tract 30441) I'? ,/ S" (--- 20:8306 Council on August 15, 1972. Council expressed a desire to be advised on any changes to ascertain their significance. Robert Lesnett of Gruen and Associates, architects for the project, reviewed the plans and stated there are very minor changes in the configuration of the building as compared to the preliminary plans and that these changes are insignificant; for examp~e; changing' the location of an entrance by moving it approximatel y 20 feet. Thomas Childers, O'Melveny & Myers, representing the developer, asked for approval of the, final plans at this time and suggested that provision could be made for further review. Councilman Helms MOVED to approve the final plans with the condition that said approval shall be reconsidered by Council if within the next ten days any Councilman asks for further review. Councilman Hage seconded the motion which was carried unanimously. Council received the report and recommendation on the bids received for the proposed park at the southeast corner of Camino Real and Second Avenue. On reviewing the report Councilman Scott asked why slump stone restrooms were not included as he would rather have something durable without a lot of maintenance. He was advised that the cost for the project would increase and the contract would have to be renegotiated. The technicalities of the contract were discussed. Councilman Helms expressed concern about the cost differential. It was then MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that the contract be awarded to United Sprinkler Company in the amount of $122,885; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney - and that $130,000 be appropriated from the Capital Improvement Projects Account for this purpose. AYES: NOES: ABSENT: Councilmen Hage, Butterworth, Arth Councilmen Scott, Helms None On advice from staff that the improvements in Tract No. 30441, La Sierra Drive east of Fourth Avenue, have been completed in accordance with the City requirements and conditions, it was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the streets be accepted for maintenance by the City. SIDEWALK Council received a report dated June 1 on the sidewalk program for R-3 (1911 Assessment zones. These are to be constructed under the 1911 Assessment District IDistrict Act) Act. However, a hearing is necessary by and before the Council and it Hearing F ;-'/.'/ was MOVED by Councilman Scott, seconded by Councilman Hage and carried scheduled . -:) . unanimously that same be scheduled for JUNE 27. 4 WAY STOP SIGN Council received a petition for 4-way stop signs at Camino Real and PETITION Fourth Avenue. Also a staff report dated June 1 setting forth condttions, traffic volumes, accident history, sight obstructions, guide lines for controlling the traffic via the 4 way stop and an analysis together with recommendation. Taking into consideration the six 4 way stop intersections on Camino Real between Santa Anita and the easterly City limits, the lack of any significant accident history and the unequal traffic volumes staff advised that the requested stop sign control could not be warranted in view of the guidelines. It 6-5-73 - 5 - l'-"lO P1H 'f"'.S EISENHOWER PARK DESIGN (Consultant retained) F- ~ II ~ 4- E d f- ,'sill TRAFFIC (Colorado Oaks area) CONTINUED FIRE EQUIPMENT PURCHASE APPROVED ~', ~('J\&vl;,e iPvr 20:8307 was recommended that a more beneficial approach would be achieved by improving sight distances in all directions. This would require removal of perhaps two palm trees, removal of ivy from remaining trees and trimming high parkway growth, relocating about two mail boxes and the like. It was MOVED by Councilman Hage, seconded by Councilman Scott and carried unanimously that the recommendation be accepted and that the Director of Public Works proceed forthwith with the elimination of the site obstructions. At the suggestion of Councilman Butterworth a copy of the report and Council action will be sent to the interested parties. Councilman Scott was advised of a program underway to provide the Police Department with a list of the problem locations where stop signs are obscured by tree limbs, etc. 1 Council received the recommendation of staff for the selection of a park design consultant for the expansion of Eisenhower Park and the new one at Golden West and Fairview Avenues. It was noted in the report dated June 1 that a committee of the Recreation Commission Chairman, the Recreation Director and the Director of Public Works had reviewed' the three proposals. It was MOVED by Councilman Helms,. seconded by Councilman Scott and carried on roll call vote as follows that the firm of Lampman and Associates be retained at a maximum fee of $7,800 to prepare the pre- liminary plans as well as final design plans, specifications and supervision; that the other two bids be rejected; that the Mayor and City Clerk be authorized to execute the Agreement in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Council received a Traffic Study on the Colorado Oaks area (dated June 1). It covered existing conditions, average daily traffic, accident history, proposed changes and traffic effects. Steps were submitted to insure safety and convenience for the motoring and per- ambulatiog residents of the study area, however, none of the steps were recommended to be employed until it has been determined that a problem does exist and treatment could then be prescribed for that particular problem. Police, Fire and other emergency access will be an important consideration also. William Weiss, President of the Rancho Santa Anita, Residents Associatton, asked Council to postpone any action on the recommendation until the Association had an opportunity to study the report and perhaps submit greater input. He also asked Council to permit the Director of Public Works to meet with the organization to work out some solution which would be to the mutual satisfaction of both parties. ~ Council concurred in this suggestion and ,the matter will come back to Council when the residents and the City Engineer have come to some solution, The entire area is to be apprised of this decision. Mr. Weiss to assume this responsibility. 1 Council received the recommendation concerning purchase of com- munication equipment for the Fire Department (Report dated May 24). Following an evaluation by the Fire Department the following recommendations were made: 9 1 4 53 1 pocket pagers master charger , individual chargers alert/monitor receivers b~se station encoder Motorola C & E $ 2,067.56 " 134.66 " 84.00 Wardlaw Fire Equipment 10,211.78 Dynatel Communications 309.75 $12,807.75 6- 5- 73 - 6 - 1 AMBULANCE SERVICE FEES (Amended) 20:8308 ,During che deliberations the Fire Chief'explained the proposed system which he indicated would greatly improve department communications. Council accepted the recommendation and it was MOVED by Councilman Scott, seconded by Councilman Hage and carried on roll call vote as follows that the equipment be purchased from said suppliers; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the appropriate purchase orders be issued. Funds in the amount of $14,700 are in the Capital Improvement Account. AYES: NOES: ABSENT: Councilmen None None Scott, Hage, Butterworth, Helms, Arth Council received the report of June 1 concerning the experience of, the City ambulance where more than one person is carried to the hospital in the same trip. Most of these cases involve automobile accidents within che City. The current fee schedule does not provide for a r . charge to additional persons carried in the same trip. It was J . I j" lICe recommended by staff that a service fee of $10 per person be charged f'l I:J 'J ,~. for additional persons when carried on the same trip whether resident j1nl or not. Along with this recommendation-were others in connection therewith. It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried unanimously that the amendment of fee schedules be APPROVED. LAND SALE (City-owned) APPROVED L.,p f'I~ PURCHASE (Plaques) APPROVED - -I ' C" t ~ I) , (,)/ ,_ J ;J- . lmID ABATEMENT CONTRACT (Revised) (.l blttJ ( GIFT OF BOOKS ACCEPTED , The City received an offer from, William R. Mullins, 1725 Holly Avenue, for the purchase of a 15 foot wide strip of city-owned land adjacent to his property. The strip was a remnant of a larger parcel purchased for the opening of Sharon Road in 1956. Inasmuch as the sale would eliminate any further costs to the City for maintenance and place the land back on the tax rolls it was MOVED by Councilman Hage, seconded by Councilman Scott and carried on roll call vote as follows that the subject property be sold at a price of $567.00 to Mr. Mullins. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None On recommendation of staff it was MOVED by Councilmen Helms, seconded by Councilman Scott and carried on roll call vote as follows that 250 6" x 6" tiles, in 6 colors, set in 10" x 10" wood frames, wrapped and boxed, including the art work for the new City seal, be purchased at a price of $1,604, and that an appropriation in that amount be made j~~from the Council Contingency Account. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Council was advised that the County is transferring responsibilities for weed abatement from the Forester and Fire Warden Department to the County Agricultural Commission effective July 1, 1973. A revised Agreement has been received and requires approval. Whereupon it was MOVED by Councilman Helms, seconded by Councilman Hage and carried unanimously that same be accepted and that the Mayor and CitY,Clerk be authorized to execute the new agreement. On MOTION by Councilman Helms, seconded by Councilman Hage and carried unanimously the books donated to the City Library were received with appreciation. 6-5-73 - 7 - METAL WATER DRAIN CLEANING (Engineer retained) LEASE AGREEMENT (Vartanian) ~L}1.- ~" ORDINANCE NO. 1482 Introduced 20:8309 On recommendation of staff it was MOVED by Councilman Hage, seconded by Councilman Butterworth and carried on roll call vote as follows that James M, Montgomery be retained at a fee of actual salary costs plus 125 percent of the costs for the preparation of plans and specifications for cleaning and cement mortar lining a 48 inch corrugated iron pipe drain in place. (Council authorized rehabilitation of this pipe on March 20, 1973,) $3500 was budgeted for this service. AYES: ,NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None , Staff requested approval of an amended lease agreement with the following conditions with the present tenant of city-owned property on Fourth Avenue: 1 1. That the rental amount of $450 per month continue retroactive to February 4, 1973 and paid before the execution of any amendment to the lease. 2. That a $450 credit be given to the lessee if the roof is repaired at no additional expense to the City by the tenant. 3. All outside storage shall be screened from view from adjoining properties and public rights-of-way. Such screening shall comply with all City codes and be approved by staff prior to installation. It was MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows that said lease agreement be APPROVED subject to the conditions outlined above; that the lease be executed by June 30, 1973 and the City Attorney is hereby authorized to give immediate notice terminating the present lease which notice will be withdrawn if a new lease is executed by June 30, 1973. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1482 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING A TAX FOR PARK AND RECREATIONAL FACILITIES." Dexter Jones, President of the local Chamber of Commerce, expressed appreciation for the time allotted by Council for that organization to study the proposed ordinance. In his presentation he noted that the Chamber's Industrial Commercial Committee had adopted a resolution in part.. "that rather than give the impression the Committee is opposed to Parks that the City Council be asked to withhold any action 1 until the results of a survey are in"... He continued that the Chamber itself had adopted a motion.,. "that the financing of neighborhood parks should not be done on the basis of a bed tax or its equivalent".. A letter had been submitted to Council in which it was stated that the ordinance would lower the value of property. The tax would be passed on to the purchaser. The real property tax would be increased which would be a tax on a tax. This possibility was set forth in detail in the communication. Terry Flaaten, President of the Arcadia Board of Realtors, read in full a communication... in part - "the stand not to support this proposed taxation involves some unanswered questions. Is there a real need for additional parks... is the League of California Cities aware of the existing facilities. Do the neighbors to the proposed parks really want them". Although the Board supported the proposed 6-5-73 - 8 - 20:8310 park for Camino Real and Second Avenue it was criticized by those living near that location. That the amount needed for parks should be known and after that determine the method of financing. He felt this method of creating revenue for parks would be discriminatory.. Would the tax be paid by those who would really use the parks. In conclusion he submitted in part that the tax would be harmful to all parties in- volved and asked for a 'no' vote. The Board is not opposed to parks, just the method by which the tax is developed rather than what is really done with the funds. In response to an inquiry by Councilman Butterworth Mr. F~aaten stated he would not care into which Fund the tax went. 1 Gordon Maddock,37 E. Huntington Drive, representing some 17 developers, stated in part they are very concerned about this proposed tax and do not feel the City is deficient in parks. Some of the reasons for this position were - because of costs it would discourage development of vacant land and land with deteriorated buildings.. the City should not destroy the natural redevelopment feature that presently exists and has worked so well to date. The added tax burden would reduce the quality of the finished product. In conclusion he asked Council not to adopt the tax as in his opinion and that of the other developers it would be detrimental to the City. Lois Anderson, 1024 Arcadia Avenue, stated in part that the parks are not used by the residents adjacent thereto, and referred specifically to the one proposed for Golden West and Fairview - that there would not be parking space at that corner. She felt the proposed tax is unfair. Councilman Helms then MOVED to waive the further reading of Ordinance No. 1482. Councilman Hage seconded the motion. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Councilman Helms further MOVED that Ordinance No. 1482 be INTRODUCED. Councilman Butterworth seconded the motion. 1 Councilman Scott stated in part that he was opposed in the beginning to this ordinance and in the time since he has learned nothing that would make him feel there is any greater need for it now than there ever was and that was nil as far as he could find out. That he has always felt it was the policy of Council to listen am take direction from what appears to be the desire of the citizenry and there has not been a person speaking on behalf of this taxation.. that there has been strong opposition such as tonight from a large representative group of people who do not just live and work in the community but make themselves a part of the community. That to take any action, other than to deny it, would be an affront to these people... because they have come to Council with the benefit of extensive consideration of this proposal and have urged denial. He expressed the hope that Council would be convinced by these recommendations. Councilman Butterworth then stated in part that he could not see how Council could offend anyone just because people have come to speak in opposition which is a very natural thing in the normal course of events. People come when their pocketbooks are involved. Who would speak in favor except a Councilman, whose thinking is, at least hopefully, directed to the welfare of the majority of the people who usually are not represented in such matters. He noted other actions taken by the City and the opposition thereto by those who would be affected through their pocketbooks.... The League of California Cities has reached the conclusion that this type of tax is an equitable tax in that new people coming in would pay at least part of the burden. He noted other cities which have adopted this tax and 6-5-73 \ - 9 - , ORDINANCE / NO. 1483" ADOPTED ORDINANCE NO. 1481 INTRODUCED ORDINANCE / NO. 1484,r INTRODUCED AND ADOPTED (EMERGENCY) 20: 8311 have not found it to be a detriment.. the tax is not on the builder or realtor.. it is passed on to the new homeowner. He felt it is a good and equitable tax and stood by his initial conclusion and referred to the increasing operating costs of the city. Councilman Scott observed in part that if shown a need for it in the budget he would be in favor - however, there is a reserve of over half a million dollars and he could not see the need at this time; that the tax rate could be returned to $1 if need be later on. Mayor Arth stated in part that there is a real merit in looking ahead and not waiting until a crisis occurs and cited a time when the utility tax was adopted out of which a large part went into the fund for the develOP-I ment of the industrial Park. Roll call was then taken on the motion: AYES: Councilmen Butterworth, Helms, Arth NOES: Councilman Scott, Hage ABSENT: None The City Attorney presented for the second time, explained the content and read the tit le of Ordinance No. 1483, entit led: "AN ORDINANCE OF THE CI1Y COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 3214.6 OF THE ARCADIA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING PERMITS." It was MOVED by Councilman Hage, seconded by Councilman Scott and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1483 be WAIVED and that the same be ADOPTED. AYES: , NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1481 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA RECLASSIFYING PROPERTY AT 610-670 NAOMI AVENUE FROM R-l AND R-2 TO R-3." It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1481 be WAIVED and that the same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1484, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE BUILDING CODE BY ADDING CERTAIN REGULATIONS RELATING TO AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ALL BUILDINGS THREE OR MORE STOR,IES, IN HEIGHT," 1 It was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1484 be WAIVED, and the same be INTRODUCED and ADOPTED as an emergency ordinance. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None 6-5-73 - 10 - SAFETY MEASURES (Condominiums) CLAIM REJECTED 1 PROCEDURAL ORDINANCE WAIVED SUNDAY RACING RESOLUTION NO. 4340 ADOPTED ORDINANCE NO. 1485 INTRODUCED AND ADOPTED (EMERGENCY) RESIDENT OPINION rmwrn 20:8312 Councilman Helms stated in part that he is concerned about the relationship to the large condominiums which are being constructed within the City.. from a fire safety standpoint.. the difficulty with the large fire equipment. He asked staff to recommend some additional fire safety measures for these projects in particular. Staff will endeavor to recommend on this at the next meeting. On recommendation of the City Attorney the claim of James L. Tattersall for property damage caused by sewer backup was REJECTED on MOTION by Councilman Hage, seconded by Councilman Butterworth and carried unani- mously. In order to consider the following items the provlslons of the Procedural Ordinance were WAIVED on MOTION by Councilman Hage, seconded by Councilman Scott and carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No. 4340, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXPRESSING ITS 'opposrr ION TO AB 1324 (RALPH) PURPORTING TO RESTRICT THE POWER OF MUNICIPALITIES TO REGULATE THE PARTICULAR DAYS UPON WHICH HORSE RACING MAY BE CONDUCTED." It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Resolution No. 4340 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None The City Attorney then presented and read in full Ordinance No. 1485, entit led: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE S-l SPECIAL USE ZONE REGULATIONS TO PERMIT HORSE RACING DURING DAYTIME HOURS MONDAYS THROUGH SATURDAYS ONLY." It was MOVED by Councilman Hage, seconded by Councilman Scott and carried on roll call vote as follows that Ordinance No. 1485 be INTRODUCED and ADOPTED as an emergency ordinance. AYES: NOES: ABSENT: , Councilmen Scott, Hage, Butterworth, Helms, Arth None None Discussion ensued on the most expedient manner in which to poll the residents on the Sunday racing matter. A card to be sent to all registered voters with a prepaid return was decided upon. It was MOVED by Councilman Butterworth, seconded by Councilman Scott and carried on roll call vote as follows that Mayor Arth be invested with authority to move forward on the matter of securing the opinion of the residents with the understanding that he will balance against time the general desire to circulate as many ballots as possible and if this is not possible within the realm of time then they be sent to the residents with as wide a circulation as possible. That the ballot form be submitted to Council for review prior to mailing; that an explanatory message be included and that the return card be prepaid. AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None 6-5-73 - 11 - THROWAWAY ADVERTISING COIN OPERATED MACHINES SUNDAY RACING a--:REVENUE SHARING FILING ADJOURNED TO EXECUTIVE SESSION RECONVENED SUNDAY RACING APPROPRIATION ADJOURNMENT TO DATE CERTAIN JUNE 11, 1973 20: 8313 Councilman Scott suggested that some assistance be given in the enforcement of the regulation against throwaway advertising material. The City Attorney advised on what is being done to that end. Councilman Scott also asked about the status of the proposed coin operated machines. The City Attorney advised he will have some report at the next meeting, Councilman Butterworth asked staff to write the League of California Cities seeking assistance in the matter of Sunday racing. Also to the Times Editorial staff. Also that a day telegram be sent to Willie L. Brown, Jr" Chairman of the Ways and Means Committee, requesting that all notices of forthcoming hearings on Assembly Bill No. 1324 be sent to Council. Copies of these communications are to be submitted to Council. 1 Councilman Helms MOVED that Mayor Arth be authorized and directed to appear before the California Horse Racing Board to present the objection of the City to Sunday racing at Santa Anita. Councilman Butterworth seconded the motion which was carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Scott, Hage, Butterworth, Helms, Arth None None Councilman Helms further MOVED that the City Manager be AUTHORIZED to utilize as much of his own time and designate staff assistance as is necessary to adequately present the case of the City against Sunday racing before the Legislature on June 14. Motion seconded by Councilman Hage and carried unanimously, Pursuant to requirements it was MOVED by Councilman Scott, seconded by Councilman Helms and carried unanimously that the City Manager be AUTHORIZED to file with the United States Department of the Treasury, Office of Revenue Sharing, a Planned Use Report indicating plans to expend its revenue sharing allocation for the entitlement period beginning January 1, 1973 and ending June 30, 1973, based upon an estimated total of $97,876 as follows: Operating Expenditures Capital Expenditures $30,000 67,876 At 11:15 p.m., Council adjourned to 'an executive session in the Conference Room. At 11:50 p.m., Council reconvened in the Council Chamber. 1 It was MOVED by Councilman Helms, seconded by Councilman Butterworth and carried on roll call vote as follows that $20,000 be appropriated from the Council Contingency Fund to defray expenses for the actions authorized by the City Council in expressing its opposition to Sunday racing. AYES: NOES: ABSENT: Councilmen Scott, Rage, Butterworth, Helms, Arth None None At 11:55 p,m., the meeting was adjourned to Monday, JUNE 11, 1973 in the Conference Room at 7:30 P,M, t:1 &J ~ Mayor ;;~~~ City Clerk 6-5-73