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HomeMy WebLinkAboutMAY 7,1974 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL DANCE PERMIT REGULATIONS I~~P I HEARING (Jack & Pats) APPROVED ( / ') 'Jf~ U ~ \F ' 1:- 1\ .~,'~ / ~J~ \\\) 1~ ~\ 20:8535 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MAY 7, 1974 The City Council of the City of Arcadia, California, met in regular session on Tuesday, May 7, 1974 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Father Ralph A. Fitzpatrick, Church of Holy Angels Mayor Alton E. Scott PRESENT: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None On MOTION by Councilwoman Lauber, seconded by Councilman Saelid and carried unanimously the minutes of the regular meeting of April 16 were APPROVED. On MOTION by Councilman Gilb, seconded by Councilman Helms and carried unanimously the minutes of the adjourned regular meeting of April 25 were APPROVED. Council reviewed and discussed the regulations contained in a staff report dated May 7. Particular emphasis was placed on the maximum noise level and Councilman Helms expressed concern that the noise emanating from the establishments could lead to undesirable situations especially when they abut residential properties. This phase was considered at length. and the following regulations were then accepted by a majority Council as applicable for any approved dance permit. 1. A mlnimum dance floor area of 5% of the gross floor area of the building or 100 sq. ft. whichever is the greater. 2. The dance floor area shall be required to be maintained for dancing only when dancing is occurring, provided that no required exits are blocked or restricted by the relocation of furniture, etc., which may be moved to permit dancing. 3. The maximum decibel level for music either live or recorded (amplified or unamplified) shall not exceed the ambient noise level excluding the music itself measured at any point on the property line. 4. That the development shall be in accordance with the approved plans. 5. Compliance with all provisions of Section 6412 et seq. of the municipal code. Application of Pat Linstrom, dba Jack & Pats, 116 E. Live Oak Avenue. Mayor Scott declared the hearing open and Mr. Linstrom asked for favorable consideration of his application and noted the competition he is experiencing from surrounding cities where dancing is permitted. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Helms and carried unanimously. It was then MOVED by Councilman Helms, seconded by Councilman Gilb and carried on roll call vote as follows that said application be APPROVED subject to all conditions outlined above. AYES: NOES: Councilmen Gilb, Helms, Saelid, Scott Councilwoman Lauber - stating that she is in favor of dancing and in favor of this application, however, she felt the restrictions are inequitable and unworkable. None 5-7-74 - 1 - ABSENT: ; HEARING (Clown Town) APPROVED ,.) ,/ I . t. r:' ';--';1- I' f\r ,), , ,-' I! ( HEARING (Drinkers Hall of Fame) APPROVED .I ~;;.iJ , " I t fl' \ \. F' ,} ;, , PERMIT RENEWAL REVIEW HEARING E I R APPROVED Proposed Park Longden at Sixth / /~l) 20:3536 Application of Thomas F. Turiace, dba Clown Town, 16 1/2 E. Huntington Drive, for a dance permit at said locatlon. Mayor Scott declared the hearing open and Mr. Turiace read a statement relating to the conduct of his business, the existing parking arrangements and the economic improvement such a permit would bring to his establishment. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilwoman Lauber, seconded by Councilman Saelid and carried unani- mously. It was MOVED by Councilman Helms, seconded by Councilman Saelid and carried on roll call vote as follows that the application be APPROVED subject to conditions outlined above. AYES: NOES: Councilmen Gilb, Helms, Saelid, Scott Councilwoman Lauber - stating that she is in favor of dancing and in favor of this application, however, she felt the restrictions are inequitable and unworkable. None I ABSENT: Application of Gerald Cook, dba Drinkers Hall of Fame, 151 E. Huntington Drive, for a dance permit. Mayor Scott declared the hearing open and Jack Cassidy representing the owner asked for favorable consideration. It was noted that the business is located within the City Parking District which would accommodate any needed additional parking. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilwoman Lauber and carried unanimously. It was MOVED by Councilman Helms, seconded by Councilman Saelid and carried on roll call vote as follows that the application be APPROVED subject to conditions outlined above. AYES: NOES: Councilmen Gilb, Helms, Saelid, Scott Councilwoman Lauber - stating that she is in favor of dancing and in favor of this application, however, she felt the restrictions are inequitable and unworkable. It was MOVED by Councilman Helms, seconded by Councilman Saelid and carried unanimously that staff be instructed not to grant a renewal to any of the licensees for dancing in bars without referring them back to Council for review of the operations during the current license per iod . Time and place for the hearing on the Environmental Impact Report relating to the proposed park at 522-26 East Longden and 2215 South Sixth Avenue. Council received a draft of the EIR and any public testimony during this hearing will be incorporated in the final EIR. The report is dated April 16 and on file in the office of the City Clerk. The City proposes to acquire the subject property and to develop it with a neighborhood park which would consist of two tennis courts, a picnic shelter with barbeque units, restrooms and a children's play area. The tennis courts would be lighted and to minimize the impact of light on adjoining residential properties, the evening time limit of lights is proposed for 9 p.m. It was noted that a developer has started cbnstructibn for-si~~le'family dwellings,thereon. I Mayor Scott declared the hearing open on the EIR only and Hugh Williams, 2230 S. Sixth Avenue, spoke in favor of .the park and stated in part that he would not anticipate any vandalism as me,ntioned in the EIR; that the proposed park is quite limited in size; there are no sidewalks in the area. He felt the use of the property for park purposes would enhance the area and noted the scarcity of property for such use. Beverly Hardy, 2301 Lenta Lane, spoke in favor of the park. She stated in part that there would be regulations applicable to the use of a public park which would protect the area. No one else desiring to speak to the EIR the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Gilb and carried 5-7-74 - 2 - I I IN FAVOR OPPOSED 20:8537 unanimously. It was further MOVED by Councilman Helms, seconded by . Councilwoman Lauber and carried on roll call vote as follows that the Environmental Impact Report be APPROVED, AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber Councilmen Saelid, Scott None Because there were persons present who desired to speak to the proposed park at this location, it was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried unanimously that the provisions of the Procedural Ordinance be WAIVED in order to hear the testimony. Mrs. William A. Freer, 608 Beverly Drive, noted the proximity of the proposed park location to her home; that the property has remained vacant for some 15 years; she would welcome the park for the benefit of her children and those in the area. They could walk to the park. The teenagers in the vicinity would like the tennis courts. She felt it would be an attractive addition and would benefit almost every age. Jim Roper, 650 Beverly Drive, stated in part that the area is densely populated and they must go over a mile to the nearest city recreational facility. He felt the common good of the community would not be served by the construction of more houses and urged favorable consideration. Mrs. Beverly Hardy, 2301 Lenta Lane, stated in part that she felt the park would increase the value of the homes and noted t~at people are moving to planned areas where there is a greenbelt fee to have a park within walking distance of their homes. She commended the design of the Camino Real and Second Avenue park. She felt the proposed park would accommodate children attending both the Santa Anita and the Camino Grove schools. Gene Beley, 2324 Lenta Lane, agreed with what has been said and added that a park would help prevent children playing in the street and noted that his neighbors were pleased with the number of children moving into the area. Virgil Roe, 2210 S. 6th Avenue, stated in part that the park would attract children from other cities and that there is already vandalism in the area. He lives across the street from the proposed site and would not like to see it developed as proposed. He also submitted that in his opinion it would be unfair to the subdivider who has started building. John Katicich, 2222 S. 6th Avenue, questioned the proposed plan at a time when after 15 years someone comes in to build homes on the site. He felt there is a moral obligation on the part of the city and that the money could be better spent in improving traffic control for instance on Longden Avenue near Sixth and on street lighting, etc. At this point Councilman Helms stated in part that in early January of this year he wrote a letter to the City Manager asking him to consider this site as a proposed park location. There were specific procedural courses to take before it became an agenda item. It was noticed in the newspaper before any work was done by the contractor - even before he took out his building permit - that the City was considering the site for a park. After the contractor discove~ed this he came before Council at which time he was advised that the City was considering the park and he was warned of the various problems or possible alternatives. However, he went ahead with his construction. The builder may not have realized he would be proceeding at his own risk -However the matter was discussed quite clearly at that time although a vote was not taken. Maurice Stewart, 2505 Paxson Lane, the builder, stated in part that he realized he started at his own risk and that he had erred in giving April as his starting date that he submitted plans. It was in March. 5-7-74 - 3 - " RESOLUTION NO. 44-24 " Ai ED (> .I / 20:8538 He said he did not see anything in the newspaper prior to that time and did not know of the interest of the City in the property; that he is not endeavoring to rush the job... he just has his money invested. / In answer to questions the City Attorney advised that if Council authorizes the acquisition of the property a condemnation action would be instituted and the measure of damages would be the fair market value of the property on the date the summons and complaint are served upon the property owner. The amount would include any improvements which had been placed on the property. The Recreation Director advised that the President of the Camino Grove PTA had taken a straw poll of res~dents in the subject area and they were in opposition. However, this was not formal action by the PTA. I He noted the Recreation Commissio~ had recommended the site for a park. The City Attorney then presented, ~xplained the content and read the title of Resolution No. 4424, entitled: "A RESOLUTION OF THE CITY COUNCI OF THE CITY OF ARCADIA DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (522 AND 526 LONGDEN AVENUE AND 2215 SIXTH> AVENUE) FOR PUBLIC PARK PURPOSES AND ORDERING THE ACQUISITION THEREOF." It was MOVED by Councilman Helms, seconded by Councilman,Gilb and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Councilman Saelid made an observation that he thinks this eminent domain law is one of the most misused laws. That in this instance it is in the interest of the public and would be used for public and not private development, however, he does not like to see it used in order to put another park in the city. He favors parks and they are necessary to the community. The fact that this is a residential city is its number one asset. He said he had explored the area in question and could not locate other property suitable for a park. Councilwoman Lauber stated in part that she wants to make certain the builder does not suffer financially in any way from the action. She favors the park which is in the best interests of the entire community. She suggested that staff move expeditiously on negotiations before the builder is involved in any further physical structure. Councilman Gilb referred in part to the statement that children from other cities may come to the park and noted that our children are going to recreational facilities of other cities; there is a reciprocal agreement for use of such facilities. Councilman Helms commented in part that there is an opportunity here I to provide something that is lasting and permanent for the betterment of the total community; it is a plus for the environment. He noted the densely populated area in which the park is proposed to be located and felt the residents will be as proud of this one as the other parks which have been constructed. That the objections which have been lodged probably will not come to pass and in the long rUn the park will benefit the property values of the' area. Mayor Scott stated in part that he had misgivings about supporting this park mainly because he felt the City would be doing a rank in- justice to the builder and noted that it is true that sometime ago staff was instructed to endeavor to find suitable sites for parks and that Councilman Helms had located the subject site; that it is un- fortunate a situation like this can occur; that he would vote in favor of the park but would like to apo16gize to the builder for the in- convenience and that in the fairness that will be exhibited by the 5-7-74 - " - HEARING IE I R APPROVED Proposed Park (Colorado Blvd.) r J~LjI I REFERRED TO PLANNING COMMISSION HEARING WINDOW SIGNS Referred back to Planning Commission 20:8539 City he will suffer no financial loss personally. Councilman Helms noted for the record the receipt of six pages of petitions in favor of the park. Roll call on the adoption of Resolution No. 4424. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Time and place for the hearing on the Environmental Impact Report relating to the proposed park at 143 W. Colorado Boulevard. Council received a draft of the EIR and any public testimony during this hearing will be incorporated in the final EIR. Report dated April 16, 1974 and on file in the office of the City Clerk. The City proposes to acquire the property and to develop it with a neighborhood park. It would consist of a driveway and parking area for approximately 18 cars, three tennis courts with provision for night lighting, a handball court, children's play area, restrooms, shade structure and open play area, Mayor Scott declared thehearing open and Carl Lowry, 501 San Luis Rey Road, stated in part that he is not opposed to the park but to some of the items in the EIR - i.. e., the need of a buffer and would like to study the plan or alternate plan for the park. He was assured he may have a copy of this however this hearing is only on the EIR. Grace Kelly, 516 San Luis Rey Road, stated in part that the park would increase the noise already emanating in the area from the freeway, and questioned the"need for developing all vacant land. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded by Councilman Helms and carried on roll call vote ar follows: ,\\'ES: :,!')ES: i',BSENT : Councilmen Gilb, Helms, Lauber, Saelid, Scott None None In response to an inquiry the Recreation Director advised that the Recreation Commission had approved this site for a neighborhood park. J~ was MOVED by Councilman Helms, seconded by Councilman GlIb and carried on roll call vote as follows that the Environmental Impact Report be approved. AYES: tiOES : ABSENT: Councilmen Gilb, Helms,~Lauber, Saelid, Scott None None It was further MOVED by Councilman Helms, seconded by Councilman Saelid and carried unanimously that the matter be referred to the Planning C~mmiss{on for early hearings and report back to Council. Time and place scheduled for the public hearing on the recommendation of the Planning Commission concerning temporary window signs and the definition of a sign. This had been referred back to Planning on February 5 and its findings are now set forth in Resolution No. 843. It was felt by the Commission that 25 percent allowable window coverage was sufficient to advertise merchandise and for special signs during holidays. Enforcement problems were also explored by the Planning Director. Mayor Scott declared the hearing open and Walt Landor, 1654 Rodeo Road, expressed concern for the merchants who are trying to make a livtng and cited a specific instance. John McCarthy, President of the West Arcadia Business & ProfessiQnal Association, asked that the existing sign ordinance be retaineQ; tnat 5-7-74 - 5 - HEARING SIGN AREA REGULATIONS APPROVED f'. 5(~f/S HEARING BALLOON DEMONSTRATION APPROVED ,/?/( (1 j f ~ -I" ~ JI 20:8540 there are sufficient ordinances relative thereto at the present time. Dave Paradis, Vice President of thelocal Chamber of Commerce, stated in part that the Chamber has gone on record as being opposed to the 25% in the subject resolution; that it would further restrict a busi- nessman in communicating with his customers; that at various times during the year a merchant may wish to use more than 25% of his window space for a particular event and under the new regulation this they would not be able to do. He suggested consideration of a permit system which would probably impose a burden on the merchants but this they would gladly accept for the opportunity to use more than the 25% window space. He noted there is no opposition to other sections of the proposed ordinance - just to the 25% window space. I Mrs. Johanna Hofer, 875 Monte Verde, expressed opposition as she felt it infringes on free enterprise; that the small businessman is finding it more difficult every day to make a living. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilwoman Lauber and carried unani- mously. Upon inquiry Councilwoman Lauber was advised that the Planning Department staff recommended the change due to the constant problems it was en- countering with enforcement of the sign regulations; there is not enough city personnel to survey the windows every day - that some businesses are using space to excess and taking an unfair advantage over their fellow merchants. Some discussion held on a permit procedure. Councilman Helms then MOVED to refer the matter back to the Planning Commission with the direction that it present an alternative resolution incorporating the permit requirements. Motion seconded by Mayor Scott and carried unanimously. Time and place scheduled for a public hearing on the recommendation of the Planning Commission concerning an amendment to the sign area regu- lations of the Code. Resolution No. 839 sets forth, the amendment of Section 9262.4.3 A.l. Mayor Scott declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Gilb and carried unanimously. It was noted that this recommendation comes before Council with the unanimous approval of the Planning Commission. It was felt that with the clarification the applicants for signs would understand the regu- lations. Whereupon it was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried unanimously that the recommendation be APPROVED and that the City Attorney be directed to prepare the ap- propriate ordinance to effect the amendment. Application of the Great Western Savings and Loan Company for per- mission to advertise its opening on May 20 with a demonstration flight of a hot air balloon from its new' headquarters at 825 S. Baldwin Avenue. Mayor Scott declared the hearing open and Thomas Mills, Manager of the branch office, explored the event. He emphasized there will be no advertising of the event itself and th~y hope to gain recognition through the press and television after it has taken place. He noted should there be need for extra parking the adjoining Shell Station will accommodate them. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilman Gilb and carried unanimously. I It was MOVED by Councilwoman Lauber, seconded by Councilman Helms and carried on roll call vote as follows that the application be approved subject to the City being named as an additional insured and that a permit be obtained from the California Civil Aeronautics Bureau -- 5-7-74 - 6 - Council received Planning Commission Resolution No. 847 granting a conditional use permit to the Magic Pan, Inc., for a restaurant to be located on property commonly known as 400 S. Baldwin Avenue (Fashion Park). The Planning Director advised that conditions set forth in said reso- lution are being complied with. It was MOVED by Councilman Saelid, seconded by Councilwoman Lauber and carried on roll call vote as follows that said action be and it is hereby RATIFIED. r; /2 1 ? ~'; AYES: NOES: ABSENT: I CONDITIONAL USE PERMIT Restaurant _ RATIFIED }) (. r /'1 /1 CONDITIONAL USE PERMIT RESTAURANT (FASHION PARK) Magic Pan CONDITIONAL USE PERMIT RESTAURANT (FASHION PARK) Bob I s Big Boy ':"l 20 :8541 a requirement before ascent of a hot air balloon in the State. It was noted that the amount of insurance must be to the satisfaction of the City Attorney. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Council received the recommondation of the Planning Commission concerning its granting of a conditional use permit to allow an addition to be con- structed to the existing restaurant building at 218-230 N. First Avenue (Acapulco Mexican Restaurant). Conditions of approval were set forth in Resolution No. 846. The extra room is to accommodate employee passage- way and space for equipment. During the discussion Councilwoman Lauber expressed concern due to the crowded conditibn at the restaurant - there is no waiting area - no lobby - and persons waiting for tables are literally standing in the aisles. Staff will check into this. It was then MOVED by Councilman Gilb, seconded by Councilwoman La~ber and carried on roll call vote as follows that the conditional use permit be and it is hereby RATIFIED, subject to all conditions set forth in Resolution No. 846. Councilmen None None Gilb, Helms, Lauber, Saelid, Scott Council received Planning Commission Resolution No. 848 granting a conditional use permit to Bob's Big Boy Restaurant for an eating es- tablishment to be located on property commonly known as 400 S. Baldwin Avenue (Fashion Park). The Planning Director advised that conditions of said resolution are being complied with. Whereupon it was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that said action be and it is hereby RATIFIED. r /22 It; AYES: NOES: ABSENT: Council received Planning Commission Resolution No. 849 granting a conditional use permit to Rick Bundy and William Hidalgo, dba Orange Delight, for an eating establishment to be located on property commonly known as 400 S. Baldwin Aven~e (Fashion Park). The Planning Director advised that conditions of said resolution are being complied with. Whereupon it was 'MOVED by Councilwoman Lauber, seconded by Councilman Gilb and carried on roll call vote as follows that said action be and 1,~it is hereby RATIFIED. 17.2 Cf AYES: NOES: ABSENT: TRACT NO. 32498 Tent at i ve Map APPROVED J ~ :i)\ r . JV f) I CONDITONAL USE PERMIT (FASHION PARK) Or ange Delight f Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Councilmen None None Gilb, Helms, Lauber, Saelid, Scott Council re,ceived the recommendation of the Planning Commission concerning the tentative map of Tract No. 32498 to create a 13 lot subdivision at 274-280 W. Foothill Boulevard. Conditions were spelled out in the report 5-7-74 - 7 - (; PROCEDURAL ORDINANCE WAIVED REFUSE COLLECTION STATUS ./ 16;.;' 20:8542 dated May 7. It was MOVED by Councilwoman Lauber, seconded by Councilman Gilb and carried unanimously that the tentative map of this tract be APPROVED subject to all conditions and that it has been determined by Council that this subdivision would not have a substantial impact on the environment. In order to consider the following unscheduled item it was MOVED by Councilwoman Lauber, seconded by Councilman Saelid and carried unani- mously that provisions of the procedural ordinance be waived. The City Manager reported on the present status of the refuse collection situation stating in part that the faithful performance bond has expired I and has not been renewed; that he has been advised verbally that the liability insurance will be cancelled or has already been cancelled - a written notice has not been received up to this date and time. He explored the performance situation --- on or about April 26 some pickups were not made on the scheduled day. The following week an increasing number of pickups were late. No pickups were made on May 6 until late in the afternoon. Complaints have increased substantially. He felt that when performance deteriorates steadily that there should be clean quick and decisive action to prevent further decline in ~ervice. The City Attorney advised on the background of the contract and its conditions relating to performance and the position of the City in the event certain conditions are not met. As far as the Faithful Performance Bond is concerned the City has not received a notice of reinstatement and the City's 10 day notice to the contractor would expire May 9. He said it is rumored that the liability insurance has been cancelled although nothing official has been received to that effect. That if such notice is not received the City should give a 10-day notice of default to the contractor. The contractor could not operate without liability insurance. Larry Collins, General Manager of the subject company, stated in part that the owner, Kenneth Norman, was ill and could not be present. He acknowledged receipt of the letter from the City dated April 29 con- cerning a breach of contract and stated that the 10 day period has not yet expired. He said he did not feel there has yet been a breach of contract. The City Attorney stated at this point that the reason for this hearing is to receive evidence in order to ascertain whether or not there has been a material breach of contract and that is the reason for the notice. Mr. Collins continued in part that Mr. Thorsen is liable if Mr. Norman cannot perform, however, he couldnot speak for Mr. Thorsen. He said he has not been informed in writing that the liability insurance has been cancelled. He felt the company is in- surable and he stated that $10,000 cash would be deposited with the City or the bond by the end of the 10 day period and submitted that the company is endeavoring to obtain additional trucks so the refuse can be removed. Jerome Tazlita, attorney for Paul Thorsen, informed Council that I Mr. Thorsen is ill and could not be present but that he is aware of the situation and is willing to do whatever he can to assist. Mr. Tazlita continued that in his opinion there is no relationship between Mr. Norman and Mr. Thorsen - that there was a sale of the company to Mr. Norman.. however, he did not deny or admit any liability at this point on the part of Mr. Thorsen - that there may well be some responsibility on Mr. Thorsen's part but he was not going to make an admission at the present time. Herbert Fletcher, 175 W. Lemon Avenue, spoke on behalf of the contractor who has for over 20 years given good service to the city at bargain rates. He suggested assisting the company at the present time by granting an increase in rat~s at l~ast until the'expiration date of the contract. 5-7-74 - 8 - I MINIMUM WAGE AMENDMENT J:/J .)1)[/1 f'165' BALDWIN RESERVOIR TENNIS COURTS (JUNE 4) - rll 7/3 !-_ICc;,J I PERKINS DRIVE TRAFFIC t. . . . ,. 20:8543 Walt Landor, 1654 Rodeo Road, questioned whether or not another company could render as good or better service than the subject company and spoke on other areas of the company's operation. These were not in connection with what Council is considering at this hearing - the alleged breach,of contract. Ray Duncan, 123 N. McKinley, Monrovia, operator of a local restaurant, informed Council 'that he had a 6-day pickup contract with the subject company and has not been picked up since May 4; that he has threatened to cance 1. Following further Council discussion on the terms of the contract Councilwoman Lauber MOVED that theCity Council finds theCity Refuse Service Company is not performing according to the terms of the con- tract and that the owner be put on a 10-day notice to correct dilatory service. Motion seconded by Councilman Gilb and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Council received the report concerning an amendment to the Federal Fair Labor Standards Act effective May 1, 1974. ,The Act is amended to include public agencies and to increase the legal minimum wage in accordance with schedule as set forth in the report dated April 24, 1974. It was MOVED by Councilman Helms, seconded by Councilman Gilb and carried on roll call vote as follows that same be APPROVED and effective May 1, 1974. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Mayor Scott announced for the, benefit of those interested in this matter that Council at this time is only considering dates on which to discuss the feasibility of tennis courts on the roof of the Baldwin Reservoir. The public hearing on the Environmental Impact Report would be held at a subsequent time. Staff will provide Council with background material along with comparisons between costs of constructing tennis courts in other parts of the City. It was agreed that the original designers of the reservoir should be retained to prepare costs of strengthening the reservoir for said purpose. It was MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried unanimously that the scheduling of the public hearing on the EIR be tabled and that staff prepare a feasibility study for Council review at its regular meeting of Ju~ 4. It was further MOVED by Councilman Helms, seconded by Councilman Saelid and carried on roll call vote as follows that staff be authorized to retain the original designer of the reservoir to prepare report on cost of strengthening the roof at a fee not to exceed $1000. Funds in the General Con. tingency Account. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Council received an extensive report on Perkins Drive traffic conditions dated May 2. The Engineering division made investigations as follows: Field review of existing conditions, conducted a 24 hour directional traffic volume count, reviewed accident reports for the past three years and discussed the complaints with the Traffic Officer of the Police Department. The following persons spoke to,the problem and expressed confidence that Council would do everything to solve the hazard. 5-7-74 - 9 - / BID REJ,ECTED V CONTRACT AWARD Traffic Signals Fashion Park \ <-'1 r l , . .. ' ~' "/ \ I't ' STREETS ACCEPTED TRACT NO. 29074 ( , 111~ GRADE PROTECTION CROSSING -) t~ IY:~ . , ,+ I" " ! Ij 20:8544 Joan Bugajski, 1645 Perkins Drive Margaret Stark, 17 Perkins Drive Mayor Scott submitted for consideration the possibility of making the street one-way north entering from Santa Anita which he felt would go far in providing safety for the residents. Councilman Helms felt the residents should have access to the Engineer's report as it provides statistics and information which would effect Council's decision. It was then MOVED by Councilman Helms, seconded by Councilman Gilb and carried unanimously that staff be instructed to add a section to the report pertaining to the one-way possibility and see that it is then given to all residents on Perkins Drive as well as the petitioners, and that the matter be placed on the agenda for May 21 for further consideration. I On recommendation of staff it was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried unanimously the one bid received from 'Frank S. Smith for the refacing of the Huntington Drive Monument (Job No. 431) was rejected. Staff advised that the bid was grossly in excess of the value of the work to be performed. The work will be delayed until fall at which time the job will be readvertised. Council received the tabulation of bids received for TOPICS and Fashion ,Park Signal installation. It was noted in the staff report dated May 3 that the bids were transmitted to the California Department of Trans- portation for approval by the Federal Highways Administration due to the TOPICS funding involved. Verbal approval has been received and it 'was recommended that the low bidder be awarded the contract. It was also noted in the report that $42,600 in TOPICS funds are available, the City's share would ~ $46,400 plus costs incurred in plans and specifications preparation. As to the Arboretum entrance signal costs, the County has allocated $25,000 toward that end. The County Board of Supervisors is to act on this May 14. It was MOVED by Councilwoman Lauber, seconded by Councilman Saelid and carried on roll call vote as follows that the contract be awarded to STEINY & COMPANY in the amount of $262,719 subject to the County Board of Supervisors providing the funds for the Arboretum entrance signal costs, and that an, appropriation from Unallocated Gas Tax Funds be made in the amount of $53,000; that any irregularities or informalities in the bids or bidding process be waived; that all other bids be rej ected and that the Mayor and City Clerk be, and they are hereby AUTHORIZED to execute the contract in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None On recommendation of staff the streets in Tract No. 29074 were accepted for maintenance on MOTION by Councilman Helms, seconded by Councilman Gilb and carried unanimously. The tract is on Ilene Drive. The improvements in this tract have been completed in accordance with requirements snd conditions as imposed by the Planning Commission and Counc il , I Council received the report and recommendation for improvement of the grade crossing on Santa Clara and First Avenue due to the increase in daily traffic at an unprotected approach to the First Avenue inter- section. Following a meeting with the Public Utilities Commission and the Ssnta Fe Railroad representatives concerning the installation of protective devices on Santa Clara Street, the Commission requested the' railroad to furnish the City with a cost estimate. This estimate is 5-7-74 - 1 0 - IPEED RANGE GROVE (No change) 5:iR!1I AGENDA FORMAT RESOLUTION NO. 4426 ADOPTED / I RESOLUTION ~ NO. 4423 /' ADOPTED r' " 20:8545 in the amount of $10,521. Previous projects were installed on, a matching basis between the railroad and the City after which the City recovered 1/2 of its costs. It was MOVED by Councilman Helms, seconded by Councilman Gilb and carried on roll call vote as follows. that the Director of Public Works be authorized to convey the Council's interest in pursuing this matter and to request the railroad to prepare an agreement covering cost apportionment. It was noted that after execution of this agreement it would be appropriate for the City to request an allocation from the crossing protection fund. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Council received an extensive report on a recent survey of the speed on Orange Grove Avenue. This is dated May 2 and on file in the office of the City Clerk. The report indicated that some deficiencies exist on this street and until existing conditions of visibility, pavement width and roadway surface are improved in which case a prima facie ~ I~p'eed limit of 35 miles per hour would not endanger the safety of persons or property the 30 mile per hour limit should be maintained and enforced. It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried unanimously that the recommendation be accepted and that the speed limit at this time be retained. Considerable discussion ensued on this subject and in order to change the time on the agenda for those in the audience to address Council on unscheduled items it was MOVED by Councilman Saelid, seconded by Councilman Gilb that this item be positioned on the agenda just following the public,hearings. Councilman Helms referred to those in the audience who attend the-meetings on scheduled items other than public hearings and felt it inconsiderate to expect those citizens to have to wait until persons spoke on items not germane to agenda matters. He felt it should be placed later in the format. Further discussion ensued and it was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried unanimously that his motion be amended to reflect this item (h) just before "Matters from the City Manager", and that "Matters from elected officials" be placed as number (1) and "Matters from staff" as number (m). Whereupon the City Attorney presented, explained the content and read the title or Resolution No. 4426, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA SPECIFYING THE ORDER OF BUSINESS FOR COUNCIL MEETINGS." It was MOVED by Councilwoman, Lauber, se~ondedcby Councilman Saelid and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None On recommendation of the Planning Department the following resolution was adopted in connection with the State Law Mandate. (0 11 D The City Attorney presented, explained the content and read the title of Resolution No. 4423, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING TIME EXTENSIONS FOR THE GENERAL PLAN SEISMIC, SAFETY AND NOISE ELEMENTS FROM THE STATE OF CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELATIONS. '.' It was MOVED 'by Councilwoman Lauber, seconded by Councilman Saelid and carried on roll call vot'e as ,follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None 5-7-74 -11 - DEANNEXATION APPROVED STREET RECONSTRUCTION f- I \: IJ RESOLUTION NO. 4427 ADOPTED v' 20:8546 The report dated May 2 from the Assistant City Manager informed Council that the Temple City Church of the Nazarene had requested deannexation of the portion of its property which lies within the City of Arcadia. The major portion lies within Temple City. The Church intends to build a new facility to serve recreational needs of the church and the community youth. In response to a question the Director of Public Works advised that Arcadia would not lose its control over the traffic at the intersection of Baldwin and Las Tunas and that there would not be a problem. It was MOVED by Councilwoman Lauber, seconded by Councilman Saelid and carried on roll call vote as follows that the recommendation of the Assistant City Manager be APPROVED and the request granted. AYES: Councilmen Gilb, Helms, Lauber, Saelid, Scott NOES: None ABSENT:NOI Staff recommended the reconstruction of Santa Anita Avenue from Live Oak to 150 feet north of Palm Drive (Job No. 425) and that it be included in the City's 1973-74 annual street maintenance program. Financing will come from County Aid to Cities Funds with the balance of the annual street maintenance program to be funded from Gas Tax and City Funds. In order to receive these funds the following resolution was adopted. The City Attorney presented, explained the content and read the title of Resolution No. 4427, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE RECONSTRUCTION OF ASPHALT CONCRETE PAVEMENT ON SANTA ANITA AVENUE." It was MOVED by Councilman Helms, seconded by Councilman Gilb and carried on roll call vote as follows that the reading of the full body of the resolution be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None AUDIENCE PARTICIPATION NSP " E L). '1.- r Marilyn Freitag, 301 E. Colorado Boulevard, Pasadena, representing Richard Vartanian, lessee of city property at 25 N. Fourth Avenue, referred to the City's notice to Mr. Vartanian to terminate the premises. She advised that the lessee is endeavoring to locate new quarters and asked for a four month extension. The Land Committee, (Councilmen Helms and Saelid) reported on this matter and it was MOVED by Councilman Helms, seconded by Councilman Saelid and carried on roll call vote as follows that the request for an extension of time be granted for an additional 60 days terminating on July 4, 1974 on the condition that the rent payment of $450 per month for that two month period be paid in advance within 14 days of this date plus a clean-up deposit of $450 deposited with the City within 14 days of this date; that the premises be left in a clean manner and that the lessee be obligated to the City for any costs it may have in removing equipment or material which may be left behind; that'the good faith surety deposit will be applied against that and the tenant would still be obligated to pay any additional sum which may be incurred in cleaning the property. I AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Walt Landor, 1654 Rodeo Road, referred to the Utility Tax and stated in part that in his opinion this tax should be discontinued. 5-7-74 - 12 - l:m>IT ,~ I LATE CLAIM DENIED (Romero) ~f,PI16 "pt. It;',' 20:8547 Mrs. Johanna Hofer, 875 Monte Verde, asked what disposition had been made of the request of Mrs. Edith Dunn for a copy of the Council packet to be placed in the City Library. The City Manager advised that he had suggested to Mrs. Dunn that she submit a letter to Council relative thereto. Mrs. Hofer also referred to the Juvenile Diversionary Program which she felt should have received more attention from Council at the last meeting. Councilman Saelid submitted that his vote in opposition was that he did not feel there had been sufficient time to review the Joint Powers Agreement -- not in opposition to the.program as he was very much in favor of it. Extensive discussion was held on this tax. Councilman Helms reviewed the background and stated in part that the goal of Council was to give a tax break to elderly people - those on pensions - on fixed low incomes - those who needed it most. That Council had studied means of doing this and that an ordinance has finally been prepared which is before Council at this time. He urged support for the ordinance as written. He also referred to the staff report which indicated the amount of revenue anticipated from this source during the forthcoming fiscal year and that with this information the proposed tax break would not result in the loss of any significant revenue to the City. ./ Councilman Saelid stated in part that if those in need receive a rebate at the end of a year Council would/1l'eotgiving them the kind of assistance they really need and inasmuch as it would not take effect until December 31, 1974 he would like to put this over and have staff prepare a study on what the cost would be to change over from a rebate to an exemption system. Councilwoman Lauber felt that with the deluge of reading material coming before the new, Council members she would like to put this over until after budget review. Councilman Scott commented that he would also like to see those who need it most receive consideration. He felt the ordinance should make clear the requirements for receiving assistance and noted wording in the ordinance ~hith fuight fte difficult to interpret. Councilman Saelid then MOVED to continue this matter to June 4; that staff prepare a report on actual cost implications on an exemption system as opposed to a rebate system; cost to the City in terms of lost revenue as well as labor costs. Motion seconded by'Councilwoman Lauber. Councilman Helms felt Council is being indifferent to the needs of the poor and elderly and expressed disappointment that the ordinance is not being acted upon at this meeting; that it could be amended at a subsequent meeting. Roll call was then taken on the motion. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None The City Attorney submitted copies of the application, declarations and verified claim for damages in connection with Romero vs. Arcadia, along with pertinent sections of the Government Code relating to presentation of claims. In reviewing the documents he noted that certain conclusions are set forth by declarants for failing to file a claim within the 100 day period but no evidence appears to justify the 11 month delay in filing the claim. On recommendation of the City Attorney it was MOVED MV-by Councilman Gilb, seconded by Councilman Saelid and carried on roll call vote as follows that the application for leave to present late claim be denied for failure,to show that the subject application was presented within a reasonable time after the accrual of the alleged cause of action. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None 5-7-74 - 13 - WEED REMOVAL AGREEMENT (County) ( I! 'I. \ , '. CITY REGULATIONS vi' SENATE BILL 1652 / HEALTH and ACCIDENT" /' INSURANCV ADJOURNMENT 20:8548 The Board of Supervisors advised that henceforth the weed abatement activities will he transferred from the County Forester and Fire Warden to the Agricultural Commissioner. No other change will be made. Whereupon it was MOVED by Councilman Gilb, seconded by,Councilwoman Lauber and carried on roll call vote that the Mayor an9 City Clerk be and they are hereby AUTHORIZ~D to execute the agreement to effect this transfer. . AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None Councilman Saelid made reference to the storage of recreational vehicles; that he had told the Planning Commission that he would bring up this matter. Other infractions of the code were touched 'upon by, Council (for instance front yard sales) and staff was asked to endeavor to correct these. I Councilman Gilb referred to Senate Bill 1652 which would eliminate and abolish the Business Inventory Tax. He felt it should be supported as it would assist the small businessman. He then MOVED to support this Bill by Resolution to be prepared by the City Attorney and presented to Council at its next meeting. Motion seconded by Councilwoman Lauber and carried unanimously. Mayor Scott noted that the health and accident insurance matter had been brought up at the Personnel Board meeting and he asked that it be considered by Council at a future ,Meeting. At 12:50 a.m. May 8 the meeting adjourned to an executive session at 7:30 p.m. this ~ate iri the'Conference Room. &~~~' Mayor ATTEST: ~~~~~ City Clerk I 5-7-74 - 14 -