HomeMy WebLinkAboutNOVEMBER 3,1970
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
PRESENTATION
YOUTH
COMMISSION
tZ ' f! I(
HEARING
(Noise
Regulation)
Continued
to
I Nov. 17
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19:7733
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
NOVEMBER 3, 1970
The City Council met in regular session on Tuesday, November 3, 1970,
at 7:30 P.M. in the Council Chamber of the Arcadia City Hall.
Rev. Ronald Wheeldon, Episcopal Church of Transfiguration
Councilman C. Robert Arth
PRESENT:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
The Minutes of the Adjourned Regular Meeting of October 22, 1970,
were APPROVED on MOTION by Councilman Hage, seconded by Councilman
Considine and carried unanimously.
Robert Cheney, Chairman of the 1970 Pasadena Junior Rose Bowl
Committee, presented Lorrie Adams, Miss Pasadena Junior Rose Bowl.
Mr. Cheney explored the endeavors and accomplishments of the
organization and Miss Adams presented the city officials with a
pin to publicize the forthcoming football game on December 19.
The newly elected members of the Youth Commission were recognized
and formally ratified. Councilman Hage presented each with a
certificate of appointment and welcomed them to the official city
family. The new members are:
Nikki Cavalier
Janet Kaplan
Marilyn Pick
Linda Ellis
Janine DiGrado
Maureen Rochetto
Nancy McComsey
Lisa Coke
The proposed ordinance regulating noise emanating from stationary
mechanical equipment in residential zones was continued until the
regular meeting of November 17. During the interim, staff will
incorporate in the document the consensus of Council as brought
forth during the discussion. Council heard the report of the City
Attorney with reference to a proposal presented by the air conditioning
industry which was felt overcomes some of the objections raised on the
part of Council. Reference was also made to an ordinance which has
been in effect in the City of Anaheim since 1968. It was felt by
Council that there should be a retroactive clause applying to all
equipment now in operation and a period of warning for the owner.
Whereupon it was MOVED by Councilman Arth, seconded by Councilman
Helms and carried on roll call vote as follows, that the City Attorney
be instructed to draft such an ordinance including a retroactive clause,
a warning period and with a differential of 55 decibels for new equip-
ment and 60 decibels for existing equipment.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
11-3-70
- 1 -
HEARING
(Vehicle
Parking
District
No.2)
f. {.q
J. I
HEARING
(Zone
Change)
-I;J&~":;)'
HEARING
(Code Text
Change)
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19 :7734
The ~arking Place Commission recommended the installation of lights
in Vehicle Parking District No. 2 by the use of funds in its Property
Acquisition Account. It was noted that this could provide for eight
Mercury Vapor luminaires on 12' galvanized steel poles.
Mayor Butterworth decLared the hearing open and Roy Long, Chairman
of the Parking Place Commission, stated in part that the proposed
installation would improve the downtown area and would be advantageous
to the merchants in the area and urged approval of the recommendation.
No one else desiring to be heard the hearing was CLOSED on MOTION
by Councilman Considine, seconded by Councilman Rage and carried
unanimous 1y.
I
Whereupon it was MOVED by Councilman Considine, seconded by Councilman
Hage and carried unanimously that the recommendation be ACCEPTED.
The City Manager then noted that bids for the aforementioned project
were received and recommended the award of contract to the low bidder
as set forth in his report dated October 29. Whereupon it was MOVED
by Councilman Arth, seconded by Councilman Helms and carried on roll
call vote as follows, that the contract be awarded to the low bidder,
Sherwin Electric Service of Los Ange les, in the amount of $4,994., and
charged to the Parking Place Property Acquisition Account; that any
monies remaining in said account be used for landscaping and beautifi-
cation of District No.2 in accordance with city standards.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
An application was filed with the Planning Department requesting a
change of zone from C-l to C-2 at 117-165 E. Duarte Road. FoLLowing
public hearings the Commission recommended said change and incorporated
its findings in Resolution No. 716. This is the date that was scheduLed
for the hearing before Council.
The Planning Director displayed projecturals of the site and its
surroundings which indicated it will lend itself to development under
the requested zoning inasmuch as it is directly across the street from
a shopping center housing a super-market and satellite stores. The
applicant proposes to establish a restaurant, the exact type has not
been established, probably a carry-out which would necessitate a
conditional use permit for which the applicant would have to make
application for consideration by both the Planning Commission and City
Council. He noted that there is an alley at the rear of the subject
property which could act as a buffer.
Mayor Butterworth declared the hearing open and no one desiring to
speak to the matter the hearing was CLOSED on MOTION by Councilman I
Rage, seconded by Councilman Considine and carried unanimously. It
was further MOVED by Councilman Hage, seconded by Councilman Considine
and carried unanimously that the recommendation of the Planning
Commission be SUSTAINED and that the zone be changed from C-l to C-2
pursuant to Resolution No. 716.
The Planning Commission at its meeting of September 8, 1970,
recommended the repeal of Section 9273.1.7 of the Municipal Code
which currently permits gasoline service stations in the S-l (Special
Use) Zone as it found that good zoning practice justifies the removal
therefrom. This date was scheduled for the hearing before Council.
Mayor Butterworth declared the hearing open and no one desiring to
speak to the matter the hearing was CLOSED on MOTION by Councilman
Arth, seconded by Councilman Rage and carried unanimously. It was
further MOVED by Councilman Arth, seconded by Councilman Helms and
carried unanimously that the recommendation be SUSTAINED and that
the Municipal Code be amended accordingly.
- 2 -
11-3-70
I
I
CONDITIONAL
USE PERMIT
CONTINUED
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19 :7735
The Planning Commission by Resolution No. 714 granted a conditional
use permit to Arthur F. Giffis for permission to operate facilities
at 125 E. Santa Clara Street for a garage and used car sales pursuant
to conditions specified in said resolution.
The Planning Director displayed projecturals indicating the subject
Site is zoned M-l mixed commercial, industrial and residential
property in the various directions; that there is 8145 sq. ft., of
building area on a parcel of land comprising approximately 48 ,000
sq. ft. The applicant proposes to operate a garage for minor repair
work of cars and trucks he purchases from institutional and public
agencies and to sell used cars. He continued that the Commission felt
the 'site is adequate and abuts streets and highways adequate in width
and pavement to carry the type of traffic generated by the use. He
noted that the applicant is protesting the conditions calling for a
minimum 10' setback and the construction of a 3' ornamental masonry
wall with a 3' high chain link fence on top of the wall.
The applicant, Arthur F. Giffis, 278 Palm Drive, stated in part that
the fad lities are to be used strictly for reconditioning and if cars
are sold on the lot it would be entirely wholesale; his used car
retail business would be transferred to one of his other locations;
that there would never be more than 50 cars on the premises at one
time with about 25 cars out in the open area, which would be lined
up neatly. He stated further in part that he is buying the property
and does not intend for the requested use to remain forever; that he
hopes to rebuild or make some other use of it. He does not want to
construct the sidewalk and landscaping as required but will if he must,
however, he could not accept the 10' setback due to the shallowness of
the lot (300' wide x 160' deep), and asked for reconsideration.
Council expressed concern about its desire and endeavor to upgrad~
the appearance of the area and Mr. Giffis advised that he would not
dismantle any vehicle and the property would not look like a wrecking
yard. Upon suggestion, Condition 3 will read "A parking plan shall
be submitted to the Planning Department for its approval and shall be
complied with by the applicant."
Glen Owens, 317 N. Lime Street, Monrovia, representing the broker in
the transaction, explored the area and how difficult it has been to
interest potential buyers due to City restrictions. He mentioned
the existing 6' setback; also the old city jail building which is
On the property. He noted that the applicant would be willing to work
with a cultural society or wall off that portion of the land in order
to preserve it if the City so desired.
lhe possibility of a lesser setback met with some interest on the part
of Council if shrubbery were to be planted in order to screen the cars
coming in for reconditioning. The preservation of the old city jail
also met with interest.
Richard English, former owner of the subject property, advised that
when he purchased the property the removal of the city jail was part
of the agreement.
Robert Rantz, 2010 Elkins Place, owner of industrial property close
to the subject site, stated in part that when he developed his land
he put in high quality landscaping and had to live with the setback,
all of which has not brought him one bit of profit; that his interest
in the subject matter is that he wants to see more industrial activity
in the area and asked Council to reconsider the setback requiremento
It was the consensus of Council that if the matter were delayed until
the next regular meeting it would provide an opportunity to view the
property and during the interim the applicant could provide the
Planning Department with a diagram reflecting the parking pattern.
(Matter will appear on the agenda for November 17).
11-3-70
- 3 -
TRACT NO.
25207
TRUST
ADJUSTMENT
and STREETS
ACCEPTED
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19 :7736
Upon recommendation of the Planning Commission it was MOVED by
COuncilman Considine, seconded by Councilman Hage and carried
on roll call vote as follows, that the trust amount in connection
wLth Tract No. 25207 (extension of Wistaria Avenue) be adjusted
to $5,223.50 based on the report of the Director of Public Works
dated October 6, 1970; that the streets be accepted for maintenance.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
COMMUNICATIONS Council received and ordered filed communications from 1) Ray L.
FI~ED ~ WLlliams concerning removal of trees in street right of way
,-;?, tb. '-, 1/.';' </.adjacent to Bonita Park and 2) County Board of Supervisors
) . commended City action in providing men and equipment to assist in
, C/,' . -- ~>.. the recent series of fires in the County and surrounding areas.
it'
I,
NATURAL GAS
DUAL FUEL
SYSTEM
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WILDERNESS
PARK
NATURE
MUSEUM
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TRACT NO.
30532
STREETS
ACCEPTED
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The City Manager and the Director of Public Works reported on the
USe of natural gas dual fuel system and exemption from road taxes
for such work (see report dated October 29). It was indicated
therein that the program which does not cost the City any money
in the long run may save operating costs and make a substantial
-' contribution to the air pollution problem. It was recommended
that the program be continued by the acquisition of six additional
dual fuel burning kits at a cost of $2600.
COuncilman Arth MOVED that the City Manager be AUTHORIZED to acquire
sLx kits at a cost not to exceed $2600 from the Council Contingency
Fund. Motion seconded by Councilman Helms and carried on roll call
vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
Councilman HeLms submitted the possibiLity of encouraging private
individuals to so convert on perhaps some type of reimburseable
a~rangement. Council concurred in the suggestion and the City
Manager advised that contacts are being made in this regard.
The City Manager explained that a study has led staff to believe an
Architect to design the proposed Nature Museum would involve greater
expense than is warranted for the type of structure planned and
recommended retaining a Building Designer; that proposals had been
received and made recommendation for the award of contract therefor.
Whereupon it was MOVED by Councilman Hage, seconded by Councilman
Helms and carried on roll call vote as follows, that John J. Reuhema
be retained to furnish all preliminary drawings, sketches and con-
struction drawing, engineering and specifications for a fee of $1200.
(Budgeted item in the capital program).
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
On advice of the City Manager, the Director of Public Works and the
Water Manager that all improvements in Tract No. 30532 - Magna
Vista Avenue (1126,1154 and 1166 S. Second Avenue) have been com-
pleted in accordance with city requirements and conditions as imposed
by the Planning Commission and City Council, it was MOVED by Council-
man Considine, seconded by Councilman Helms and carried unanimously
that the streets be accepted for maintenance.
11-3-70
- 4 -
WORK
COMPLETION
STREET
IMPROVEMENTS
jC/~34
I PETITION
FOR TREE
REMOVAL
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19:7737
On recommendation of the City Manager and Director of Public Works it
was MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows, that the work performed by
Vernon Paving Company in Street Improvement Project' Job No. 350 be
ACCEPTED and final payment AUTHORIZED in'accordance with the provisions
of the contract.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
The City Manager submitted a petition signed by a majority of property
owners on Pamela Road, Louise Avenue and Santa Anita Terrace, requesting
for various reasons the removal of the mature maple trees located in the
parkways in front of their residences. He noted that this is in Some
conflict with the normal policy of not removing healthy mature trees and
referred to his report dated October 30. He suggested that if Council
makes the determination to remove the trees that it not all be done at
one time but on a staggered basis and that the cost in the removal,
replacement and care be borne by the property owner.
During the ensuing discussion it was agreed that a formula should be
prepared for the removal, for instance, of not more than one in any
group of four adjacent to each other in anyone year. (Formula to
be kept on file for future reference).
It was MOVED by Councilman Hage, seconded by Councilman Arth and
carried unanimously that the City Manager inform the property owners
involved that the City will grant permission for the owners to remove
at their own expense not more than one out of each group of four
trees during anyone year; the owner to pay for a new street tree
and maintain it in a manner to insure its growth. The replacement
trees would be of 15 gallon size and liquw amber along Pamela Road
and Louise Avenue with magnolias along Santa Anita Terrace. The
homeowner to advance the cost of the replacement tree which the City
will purchase and install. It was felt that this will result in the
best available tree at a somewhat lower cost to the owner.
STOP SIGN On recommendation of the Director of Public Works and the City Manager
APPROVED it was MOVED by Councilman Considine, seconded by Councilman Hage and
S '. ~{~ /~. carried unanimously that a stop sign be installed on Stonehouse Road
....,/u./J..--r../.e.-.. . . .
JY~ south of Grandv~ew Avenue ~n order to control the northbound traff~c
entering the intersection. (Resolution No. 4165 adopted later).
STATE HIGHWAY
MAINtENANCE
I AGREEMENT
REVISED
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ENTRANCE
MONUMENT
REFACING
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On recommendation of the Director of Public Works and the City Manager
it was MOVED by Councilman Arth, seconded by Councilman Helms and
carried unanimously that a resolution be adopted for the revision of
the existing maintenance agreement with the State Division of Highways
with reference to a portion of the Foothill Freeway. (Resolution No.
4167 adopted later).
On recommendation of the City Manager and the Director of Public Works
it was MOVED by Councilman Arth, seconded by Councilman Considine and
carried on roll call vote as follows, that staff be authorized to
advertise for informal bids for the refacing of the entrance monument
at Huntington Drive and Michillinda Avenue in an amount approximating
$2,450, Material to be Bouquet Canyon stone. It was noted that a
similar monument will soon be constructed on Live Oak Avenue.
, " j
, ,-.../
," AYES:
NOES:
ABSENT:
Councilmen
None
None
Arth, Considine, Rage, Helms, Butterworth
11-3-70
- 5 -
CHRISTMAS
TREE
STORAGE
APPROVED
/."IP' F
u-\
,
;
LIGHTING
MAINTENANCE
,DISTRICT
,/- /.t 41(/
NON-CONFORMING
USE APPROVED
FOR
CONTINUATION
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RUBBISH
CONTAINERS
./ fb7
YOUTH
SAFETY
RUN
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V~I
19 :7738
On MOTION by Councilman Arth, seconded by Councilman Considine and
carried unanimously, permission was granted The Arboretum, Inc.,
145 E. Huntington Drive, to erect a tent to store Christmas trees
during th~ month of December at the northeast corner of Huntington
/ Drive and Golden West Avenue. Conditions contained in the October
~:..:._.u28 report to be applicable.
Council r~ceived the schedule for the formation of a consolidated
lighting maintenance district along with a set of maps. Resolution
of Intention No. 4164 scheduling a public hearing for December 1
adopted later in this meeting.
On MOTION by Councilman Hage, seconded by Councilman Arth and
carried unanimously, the request of Joseph Steele for a continuation
of the non-conforming use permit on property at 850 and 853 South
Baldwin and 653 Fairview Avenue was APPROVED. It was noted by the
owner of the property that due to the expiration date of the lease
with a former tenant he could not negotiate with a new lessee until
this time; that every effort is being made to locate a suitable
tenant fo~ the same type of business (new and used automobile sales,
including repairs).
Iii
Council had asked staff to submit a report on the feasibility of
using some type of uniform container for the disposal of refuse.
The City Manager submitted a report prepared by the Finance Director
indicating that a uniform mobile cart would involve a substantial
increase to the cost of refuse collection service to the consumer.
Reference was also made to the use of plastic bags which would involve
a somewhat smaller increase in costs.
Frank Regan, 367 W. Camino Real, member of the City Beautiful Commission
and on the Committee working on this particular project, referred to a
mobile container which appears practical to the committee in an effort
to make the City look more attractive from a trash pickup standpoint.
Kenneth Norman President of the City Refuse Service Company, exhibited
,
and explained the working of a fibreglass mobile container which would
hold approximately four barrels of trash which could if the need
warranted be supplemented by the plastic bags, but not garbage cans or
cardboard boxes and the like. The unit sells for $65 and could be
purchased on a monthly basis; has a five year guarantee. He said
through an extensive survey, this is the only unit available and capable
of doing the job at this time. In explaining the program he said it
would have to be city-wide and on a mandatory basis. His present
vehicles ~ould not accommodate the new unit and he would have to give
thought to their replacement. He stated in part that the company
manufactu~ing and distributing the unit would assist in a public relations
program if the City expressed interest. I
Council eVinced interest in hearing more about the unit, costs, etcd'
but agreed that the public should be fully informed from the start
through public hearings and every other available avenue, whereupon it
was MOVED by Councilman Arth, seconded by Councilman Considine and
carried unanimously that the City Beautiful Commission be requested to
work with Mr. Norman for the purpose of at least further investigation
and that the subject manufacturing company begin its program through
the Commission and the Council for public education. This to be only
a first step in analyzing the overall possibility.
On recommendation of the City Manager it was MOVED by Councilman Helms,
seconded by Councilman Hage and carried on roll call vote that a sum up-
to $200 be made available for financial assistance in the Annual Awards
-t-jDinner fo~ the 1971 Youth Safety Run. The City will act as Host this
year. Charge Account 417-32-2.
11-3-70
- 6 -
YOUTH
SAFETY
RUN
ROL~CALL..;
0.. \ ~ V:.;~0
PURCHASE
OF POLICE
CARS
/-(11'41
I
19:7739
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
The City Manager reported that the current budget contains prov~s~ons
for 12 police cars. Since the adoption of the budget increases have
occu~red in costs and it may be that the budgeted figure will not be
sufficient under normal procedures. He noted the possibility of
joining Los Angeles County for the purchase of police cars as part of
its overall bidding and purchasing program and perhaps save about
$400 per unit. He submitted a report in this regard and recommended
trying the method at least for one year.
Richard Mackaig, 2218 Canyon Road, President of an automobile agency
in an adjacent city, recited in part the concern among automobile
dealers in the area as to the approach by the manufacturers to the
retail aspect of the business. He made reference to pending suits
and Other adverse possibilities which might affect fleet purchases.
He a~ked that more investigation and study be made before entering
into the proposed program and referred to the extensive service
facilities and parts inventory the companies provide for the various
jurisdictions purchasing their vehicles; that should the City
purchase cars through the channel as proposed, the local car dealers
could not take the same approach. He noted other areas of assistance
and cooperation available when vehicles are purchased through automobile
dealers direct. He asked for the opportunity to bid.
Some discussion on the basic desire of Council to purchase locally when
it is at all possible within a reasonable area of price~ Concern was
also expressed that when a jurisdiction permits the County or State to
perform a function of local government a little of its powers are
taken away. However, it was agreed that the possibility of saving about
$400 per car is too great not to try the arrangement on a one year's
basis.
It was MOVED by Councilman Arth, seconded by Councilman Helms and carried
on roll call vote as follows, that twelve police units be purchased on
a cooperative jid'basis with the County of Los Angeles with the stipula-
tion that a comprehensive study be made to determine if, in fact, there
has been a substantial savings. This is on a one time only trial basis
and the City Manager will endeavor to obtain bids on an inquiry basis
f~om independent dealers.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
I BIKEWAYS After providing an opportunity for persons from the audience to speak
,PROGRAM to the Bikeways Program it was MOVED by Councilman Helms, seconded by
RATIFIED , Councilman Hage and carried unanimously that the Bikeways Plan and
, /),./l, ,;' '.. '.... . ,Program be ratified. Staff will now prepare the necessary maps and
r. (l;l.:..,a; ~{.-, ~~.......,
. (/ o~her requirements.
RESOLUTION
ADOPTION
RESOLUTION
,NO. 4161
RESOLUTION
NO. 4162
/_ I t r:--
The City Attorney presented, explained the content and read the titles
of all of the following Resolutions, whereupon it was MOVED by Councilman
Arth, seconded by Councilman Helms and carried on roll call vote as
follows, that the reading of the full body of Resolution Nos, 4161, 4162,
4163, 4164, 4165, 4166, and 4167 be WAIVED and that they be ADOPTED.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RENUMBERING
RESOLUTIONS NUMBERED 5000 THROUGH 5060."
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING
RESOLUTION NO. 3700 RELATING TO REFUSE COLLECTION RATES."
11-3-70
- 7 -
RESOLUTION
-/ NO. 4163
- ~, 7.:e-
, ,; ',-"
RESOLUTION
NO. 4164
~ ;:l 1/0
RESOLUTION
NO. 4165 ,
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RESOLUTION
NO. 4166
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RESOLUTION
NO. 4167
.-0:- {,,4ttj
MINING
LICENSE
TAX
'/ /:-.?~
. . >d
. ~ I ~
ORDINANCE
NO. 1421
ADOPTED
I:? 1
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19 :7740
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA FIXING RATES
FOR VEHICLES FOR HIRE AND REPEALING RESOLUTION NO. 3974".
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS
INTENTION TO FORM A CONSOLIDATED LIGHTING MAINTENANCE DISTRICT, WHICH
DISTRICT IS TO PAY THE COST AND EXPENSES FOR THE MAINTENANCE AND
OPERATION OF A STREET LIGHTING SYSTEM ON PORTIONS OF CERTAIN DESIGNATED
STREETS IN SAID CITY AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS
TO THE FORMATION OF SAID DISTRICT OR TO THE EXTENT THEREOF."
"A RESOLUTION O~ THE CITY COUNCIL OF THE CITY OF ARCADIA'DESIGNATING
THE INTERSECTION OF STONEHOUSE ROAD AND GRANDVIEW AVENUE AS A STOP
INTERSECTION."
I
"A RESOLUTION OF THE CITY COUNc'IL OF THE CITY OF ARCADIA AMENDING
SECTION 9 OF RESOLUTION NO. 3551 SETTING THE TIME AND PLACE OF THE
REGULAR MEETINGS OF THE PARKING PLACE COMMISSION AND REPEALING
RESOLUTION NO. 3710."
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF ARCADIA."
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
The City Attorney called to the attention of the Council that a
Special Use Permit for the excavation of rock materials in the
Chicago Park Area owned by Livingston-Graham will expire On
December 6; that Livingston-Graham has indicated that it is once
again going to start excavation operations after having ceased
operations for over six months, and continue until December 6th,
The Special Use Permit, which was issued ten years ago, states that
it shall expire if work is commenced thereunder and thereafter is
diSContinued for a period of six months or more. Livingston-Graham
contends that the word "discontinue" means the same as "abandonll,
and since they never intended to "abandon" that they are entitled
to continue mining until the permit expires by its terms On December
6. The City Attorney explained that the dispute over the interpre-
tation of the permit gives a basis for a compromise and recommended
that Livingston-Graham be permitted to proceed with its excavation
if they would agree to take reasonable steps to refill the pit after
the mining operation is completed.
The City Manager recommended that the 1/4 of 1% mLnLng tax be raised
to 1% inasmuch as Irwindale and other similar communities have a 1%
tax, and the Arcadia tax has not been changed since the early 60's.
Whereupon it was MOVED by Councilman Arth, seconded by Councilman
Hage and carried on roll call vote as follows, that the recommendation
be ACCEPTED and that the appropriate ordinance be adopted.
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
The City Attorney presented, exp~ained the content and read Ordinance
No. 1421 in full: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA AMENDING SECTION 6220.32 RELATING TO THE LICENSE TAX ON MINING."
CounCilman Helms MOVED to ADOPT Ordinance No. 1421. Motion seconded by
CounCilman Arth and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
11-3-70
- 8 -
19:7741
CONFERENCE
APPROVED
../'
Due to circumstances Mayor Butterworth will attend the conference of
the National League of Cities in Atlanta in place of the American
Congress in Denver. In order to cover the cost of any extra expenditure
due to the change in location it was MOVED by Councilman Helms, seconded
by Councilman Considine and carried' on roll call vote as follows, that
expenditures over the budgeted amount be AUTHORIZED and APPROVED.
AYES:
NOES:
ABSENT:
Councilmen
None
None
Arth, Considine, Hage, Helms, Butterworth
.
" .
,;
"
I
ADJOURNMENT
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At 10:30 p.m. the meeting was ADJOURNED to November 10 at 7:30 p.m.
in the Foothill Jewish Temple Center, 550 S. Second Avenue, for the
purpose of holding a public hearing on the proposed Fashion Park.
It was noted for the re'cord that meetings are hereby scheduled for
December 1 and 3 at 7:30 p.m. same place and time.
, '
~JArI5~
\.....-"" Mayo,r \.../
ATTEST
City Clerk
I
11-3-70
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