HomeMy WebLinkAboutNOVEMBER 17,1970
I'
I
,
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
';, :)' ,~
.J .'
1
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
HEARING
(Sidewalks
Newman Ave)
p:d~-
/Jf.., /i '"" I
_., ~,/:...C/
RESCHEDULED
FOR
DECEMBER 15
1 :i:':;::""
f' f!u.; ,c "." J',
j),,'.:j. //~,
I
;::--A/j -'L
19 :7743
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
NOVEMBER 17,1970
The City Council met in regular session in the Council Chambers of
the Arcadia City Hall on Tuesday, November 17, 1970, at 7:30 P.M.
Rev. James R. Prince, First Baptist Church
Mayor Edward L. Butterworth
PRESENT:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
On MOTION by Councilman Helms, seconded by Councilman Considine and
carried unanimously the Minutes of the Special Meeting of November 2
and the Regular Meeting of November 3, 1970, were APPROVED.
A public hearing was scheduled for this date on the request of certain
property owners on Newman Avenue for the construction of sidewalks
between the east end of Newman and First Avenue, The City Manager
explained the estimated cost of such construction including the cost
of the right-of-way, title report and appraisal and submitted a map
indicating the'lots which should be assessed if such a procedure is
followed. It was noted that the cost for an average 50' lot would
be about $60.68 providing court costs or severance damages are not
incurred: (All contained in a report dated November 13).
Mayor Butterworth declared the hearing open and Donald E. Reeves,
54 E. Newman Avenue, stated in part that it was his understanding
that the notices of public hearing would set forth estimated costs
to the property owners involved. Upon being informed that the notice
did not include information that there would be an assessment against
the property OWners involved, Council ordered the matter scheduled
for a public hearing on December 15. New notices will be sent out
indicating" an estimated cost to each property owner on Newman Avenue
except for those immediately adjacent to Santa Anita Avenue. It was
noted that the cost would be increased in the event condemnation
proceedings were instituted in Court for the purpose of acquiring
necessary easements for the sidewalk.
Application of Barney Todorovich, 210 W, Whittier Boulevard, La Habra,
for a business permit to conduct a palmistry studio at 141 E. Huntington
Drive. 'Mayor Butterworth declared the hearing open and John Arkley,
33 E.' Hunt'ington Drive stated in part that the applicant has been in
the subject business for some seventeen years and that once his moral
character,and stability has been confirmed the requested permit should
be 'issue'd. He'referred to letters submitted by officials of areas in
whi'ch the applicant has conducted a palmistry studio. (Later read
into ~he record,by the City Clerk).
, " .
No'o~e else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Considine, seconded by Councilman Rage and carried unanimously.
11-17-70
- 1 -
MOTION
TO CONTINUE
CONDITIONAL
USE PERMIT
--P; r. . ..
" , '-, ,g
MOTION
19 :7744
The City Clerk then read communications from the District Attorney
of the County of San Bernardino, the City Attorney of the City of
San Bernardino and the City Attorney of the City of La Habra, stating
in part that the applicant has conducted his business without incident
or pOlice problems, has entered into civic activities, and that the
family has been in said business since 1940. Also filed for the
recor.d was a recommendation from the local Chief of Police that the
matt~r be delayed for 60 days in order for the Council to consider
the ~nactment of an ordinance prohibiting the activity in this
community.
Mayot Butterworth noted that there is nothing adverse by ~ay of
character or background of the applicant and the Council is not
prejudging the situation, it is just that Council will be dis-
cussing the possibility of prohibiting the activity in the community
and ~uggested continuance of the matter to a date certain. Whereupon
it was MOVED by Councilman Arth, seconded by Councilman Considine and
carried on roll call vote as follows, that a decision on the matter
be d~layed until the regular meeting of January 19 pending further
study of a proposed ordinance prohibiting the subject business.
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
CONTlNUED - The Planning Commission granted a conditional use permit
to Ar.thur F. Ciffis to operate facilities for a garage and used car
sale~ on property known as 125 E. Santa Clara Street subject to
conditions as set forth in its Resolution No. 714. At the regular
Council meeting of November 3 the matter was continued until this
date in order for Council to view the property and for the applicant
to Submit parking lot plans as requested.
The Planning Director displayed projecturals indicating the layout
for parking and the spaces allocated therefor. The diagram of
staff and the applicant were reviewed. Considerable discussion
ensued on the turnaround radius to accommodate vehicles such as
trucks which the applicant explained would only be pickups and the
like. Council expressed concern as to whether or not a 10' setback
would make the property unusable for the subject business and the
applicant stated in part that the setback would not serve his purpose
and mentioned the delay thus far. In answer to an inquiry, the
Planning Director advised that this particular area is one which has
been designated by the Planning Consultant aS,one in most need of
care and restructuring and in addition the development of the 300'
frontage parcel will have a significant impact on future developments
and urged Council to consider imposing the standards in the M-l zone.
Councilman Arth observed that on viewing the subject property he
noticed other businesses in the area have complied with the required
setback when they remodeled and that it appears to him it would just
be delaying the problem; that the property is usable on the basis
recommended and in order to upgrade the area the standards must be
required and favored ratifying the Commission's action. Whereupon
he MOVED that the decision of the Commission in its Resolution No.
714 be RATIFIED. Motion seconded by Councilman Considine.
I
Councilman Hage stated in part that he agreed the area should be
upgraded except that' in his opinion to require a 10' irrigated planted
strip outside property on a street which is miserable in appearance
now is unrealistic; that some of the buildings in his opinion should
be demolished in the near future; that he would prefer to place a
restriction to the effect that if and when the applicant rebuilds
the beautification standards automatically come into force; that he
could not go along with a requirement which would amount to 3000 sq.
ft of unusable land on property which has been idle for three years.
- 2 -
11-17-70
I
AMENDED
MOTION
ECONOMIC
DEVELOPMENT
OF~ICE~,)
"--" ,-r
t?tv:J'/I<:
I
.,'" , " ,~,..,.
" .\.
19:7745
Mayor Butterworth observed that this is a recurrent problem; that if
there is to be a uniform applicationof the law there must be compliance
~ith the standards; that if the applicant cannot use the property with
the required setback it is indeed unfortunate because the business is
needed in the subject area, but the situation is compounded by the fact
that there are other owners with'the setback who would have a legitimate
complaint if it were waived in this instance; that he would be inclined
to sustain the Commission.
,Councilman Helms stated in part that he would recommend that the 3'
chain link fence required to be constructed on top of a 3' ornamental
masonry wall be interlaced with some type of material which would
screen the vehicles from the street. Discussion ensued on the
possibility of vandalism and it was MOVED by Councilman Helms that the
primary motion be AMENDED to require the chain link fence to be inter-
laced with screening material subject to the approval of the Director
of Public Works. Motion seconded by Mayor Butterworth and carried on
toll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmen Arth, Helms, Butterworth
Councilmen Considine, Rage
None
Roll call vote was then taken on the main motion:
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Helms, Butterworth
Councilman Rage
None
Councilman Considine reported that the Economic Development Committee,
consisting of Mayor Butterworth, Councilman Considine, Planning Commission
Chairman Livingston and Planning Commissioner Erickson, had met, con-
sidered and agreed that its goal is to expand the City's tax base and
J employment, and hold down the property tax burden on the homeowner; that
.~.this goal requires a full-time person; that a Committee should be
'-' appointed to assist such a person who would report directly to the City
Manager. It was also recommended in the subject report dated October 22
that such a position be established pursuant to responsibilities as
outlined in an addendum thereto; that recruitment begin immediately with
the City Manager using the Economic Development Committee for screening
purposes before employment is agreed upon; that said Committee be kept
open until the Development Officer is hired so that its advice may be
utilized in its final composition.
Mayor Butterworth stated in part that during the last Councilmanic
election one of the principal complaints heard was that the community
is not developing from an industrial standpoint; that a broader tax
base was needed; that this is the first forward step taken in a long
time on such a matter as this. That it would be unique in the San
Gabriel Valley and is what larger Cities have been doing successfully.
Councilman Arth explained that he agreed it is a real step forward but
that he would like more information; that the $20,000 a year position
would be a substantial extra financial burden; that he would like
assurance for himself that it is justified; that if it is followed he
would like to be certain the City would be working closely with the
Chamber of Commerce and the merchants inasmuch as this is one of the
functions of the Chamber. He asked for a Study Session on the na tter
and perhaps some of the information developed through the Committee
meetings could be imparted to the Council as a whole.
It was noted that it has been endeavored to bring this particular
project about through the Chamber but that organization has had its
own problems and it does not have the necessary funds for such a
program; that the Chamber has been asked to be on the steering
committee so it~ thought and experience may be had. That the program
which the Chamber has had, on an experimental basis during the last
three years, has shown the need fDr a Development Officer.
- 3 -
11-17-70
CONTRACT
AWARD
(Transmiss ion
Main)
/- )7/
MOTION
WORK
COMPLETION
(Live Oak
Avenue)
J. J); It) {;
19:7746
It was then MOVED by Councilman Considine, seconded by Councilman
Hage and carried on roll call vote as follows, that Council AUTHORIZE
the City Manager to begin interviewing persons for the subject position
and recommend to Council the individual acceptable not only to him but
also to the Committee making this recommendation at which time Council
will concern itself with the monetary requirements for the establishment
of such an office.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
I
It was agreed that the recommending committee has information which
the other members of Council have not had an opportunity to digest and
the above motion was carried with the understanding that a meeting will
be scheduled in otder for Council to have a full discussion on the matter.
The City Manager and Water Manager reported on the following bids
received for the installation of transmission main in Baldwin Avenue
between Foothill Boulevard and Orange Grove Avenue and made recommenda-
tion for the award of contract to the low bidder:
Barron & Eckhart Engineering
J. M. Covington Corp
Amick Construction Co.
Vi do Samarzich Co.
J. L. Scott Co.
Engineering Contractors, Inc.
Armac, Inc.
Hood Corp.
Royal Pipeline
Ace Pipeline
Robert G. Castongia, Inc
Ban Brothers
$18,243.00
18,300.00
18,651.33
20,900.00
24,745.00
25,671.25
27,258.20
28,700.00
28,666.00
29,500.00
31,000.00
32,487.00
It was MOVED by Councilman Hage, seconded by Councilman Considine
and carried on roll call vote as follows, that the contract be
awarded to Barron & Eckhart Engineering Company in the amount of
$18,243., that all other bids be rejected, that any irregularities
or informalities in the bids or bidding process be waived; that
the Mayor and City Clerk be and they are hereby AUTHORIZED to
execute the contract in form approved by the City Attorney. FUNDS
BUDGETED IN ACCOUNT 470-70.1.b.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
Upon advice of the City Manager and Director of Public Works that
the work performed by Duke's Landscaping Service in the beautification
of Live Oak Avenue landscaping from Third Avenue to the East City
limits has been satisfactorily completed, it was MOVED by Councilman
Helms, seconded by Councilman Considine and carried on roll call vote
as follows, that the work be accepted and that final payment be made
pursuant to the terms of the contract.
I
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen Arth, Considine, Helm~, Butb~rworth
None
Councilman Hage, due to business affiliation
None
11-17-70
- 4 -
WORK
COMPLETION
(Naomi
Avenue)
1- /,f,!9
I
19 :7747
Upon advice of the City Manager and the Director of Public Works that
the work performed by Louis S. Lopez in the improvement of Naomi Avenue
from Baldwin Avenue to Golden West Avenue has been satisfactorily com-
pleted, it was MOVED by Councilman Helms, seconded by Councilman Considine
and carried on roll call vote as follows, that the work be accepted and
that final payment be made pursuant to the terms of the contract.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
LIGHTING The City Manager and Director of Public Works reported on the second
(Phase II) phase of the intersection lighting program. This phase lies easterly
of Santa Anita Avenue between Huntington Drive and Live Oak Avenue
-( /J{ 50 -,/I with a total of 167 intersections. A breakdown of these intersections
~- was set forth indicating a total cost of $11,220.20. It was noted that
the current budget includes $20,000 for intersection lighting from which
$1,650 was appropriated for Phase I and a request was made for an
appropriation for Phase II. Whereupon it was MOVED by Councilman
Considine, seconded by Councilman Hage and carried on roll call vote
as follows, that $10,000 be appropriated from RESERVE FOR CAPITAL
PROJECTS ACCOUNT NO. 285 in the GENERAL FUND to CAPITAL IMPROVEMENTS
ACCOUNT No. 266.
TOPICS
STUDY
:110 9/
I
STREET
IMPROVEMENT
(Michillinda)
f. t //'fI
BUTTERWORTH
RETIRED
FROM CHAMBER
TRAFFIC
STUDY
(MDS)
/- 11,' -.:.-.. e.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms, Butterworth
None
None
o
Council was advised that approval has been received from both State
and Federal to proceed with the Topics Study; that the City will be
reimbursed for 71.3% of the total cost. It was recommended that
authorization be given for the transfer of funds for this project.
Whereupon it was MOVED by Councilman Helms, seconded by Councilman
Hage and carried on roll call vote as follows, that the Finance
Officer be authorized to transfer State Gas Tax Funds in the amount
of $16,500 from the Second Avenue Right-Of-Way Acquisition Project Job
No. 349 to the TOPICS STUDY PROJECT Job No. 368.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms, Butterworth
None
None
Council received a communication from County Supervisor Bonelli and
the recommendation of the City Manager and Director of Public Works
concerning the proposed improvement of Michillinda Avenue. Both
advantages and disadvantages were set forth in a report dated
November 13. Due to the enumerated benefits and in view of the
serious problems inherent in a widening project it was MOVED by
Councilman Helms, seconded by Councilman Arth and carried unanimously
that the County proposal be APPROVED and that staff be instructed to
proceed with Utility Committee meetings in preparation for setting
up an Underground Utilities District. Appreciation was expressed
for the efforts and accomplishments by staff in this regard.
At 9:00 p.m. Mayor Butterworth retired from the meeting.
The City Manager advised that at the last Municipal Data System
Director's meeting it was agreed that a grant to cover the cost of
a careful traffic study should be sought and since the System cannot
11-17-70
- 5 -
WORK
ACCEPTANCE
(Transmiss ion
Main)
/ I '~'/
7'''' 1', '"
LEAVE OF
ABSENCE
AAd~mY
~...'" 'I
vi '
(,', a
CITY-OWNED
PROPERTY
~
~11
\'V
1\
o
XMAS TREE
STORAGE
1 '
'V'"I
/ - '
L'
~,
19 :7748
make application itself one of the Cities should and it was suggested
that Arcadia be the City pursuant to reasons outlined in a communica-
tion which indicates the only cost to the City would be any special
charge from MDS. Duties which would be performed by City personnel
and MDS were outlined. It was felt that such information would
increase knowledge concerning accidents and comparison with standards
for similar intersections would be of substantial benefit. Whereupon
it was MOVED by, Councilman Arth, seconded by Councilman Hage and
carried on roll call vote as follows, that the proposal be APPROVED
and that it be submitted to the other Cities in MDS for concurrence
and that the City Manager be authorized to submit an intent to file
an application for a Federal Grant for the study.
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms.
None
Councilman Butterworth
iI,
On recommendation of the City Manager and the Water Manager it was'
MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows, that the work performed by
Vido Samarzich Company in the installation of a 30" transmission
main in Second Avenue be ACCEPTED and that final payment be
AUTHORIZED in accordance with the terms of the contract.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms
None
Councilman Butterworth
On recommendation of the City Manager and the Personnel Officer
it was MOVED by Councilman Hage, seconded by Councilman Arth
and carried unanimously that the request of Police Clerk Dorothy
Adams for a leave of absence without pay effective November 18
be APPROVED. This leave to allow Mrs. Adams sufficient time
to recuperate from a serious illness and is not to be considered
an interruption of service and the employee shall retain her
present anniversary date.
The City Manager reported that the Land Committee has considered
a proposal which has been submitted to utilize a portion of city
property on Third Avenue which has been purchased for the city
yard. The portion in question is about 100 f~et sq~are, immediately
north of the area leased to the School District. The Committee
is of the opinion that a lease would be desirable and would provide
some revenue to the City; that the lease should contain a cancellation
clause of not over six months so that any opportunity to use the
property for joint city, school or other' use would still be available.~
It was MOVED by Councilman Considine, seconded by Councilman Hage and
carried on roll call vote as follows, that staff proceed with negotia-
tions for a lease to be submitted to Council for final approval.
I
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Rage, Helms
None
Councilman Butterworth
On MOTION by Councilman Considine, seconded by Councilman Arth and
carried unanimously the request of the C. Hawkins Company for
permission to erect a fireproof tent for storage of Christmas trees
~i-'--/
during the month of December was APPROVED. The tent will be erected
on property at 101 North First Avenue. Conditions of approval were
spelled out in the report dated November 16.
11-17-70
- 6 -
RUBBISH
CONTAINERS
DEMONSTRATION
4- 701
~
I
19:7749
The City Manager advised that the Arcadia Beautiful Commission has
recommended that Moulded Products Corporation be permitted to con-
duct a demonstration of its Waste Aid System as projected in a
brochure dated November 12 setting forth the type of campaign proposed.
With the understanding that the City is in no way committing itself,
it was MOVED by Councilman Arth, seconded by Councilman Hage and
carried unanimously that permission be g~anted for the demonstrations.
It was noted in particular that should this become of further considera..
tion on the part of Council it would be subject to public hearings so
the residents would have every opportunity of being heard.
The City Attorney introduced, explained the content and read the
title of Ordinance No. 1416, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA ADDING CHAPTER 6 TO ARTICLE IV OF
INTRODUCED THE ARCADIA MUNICIPAL CODE REGULATING NOISE CAUSED BY MECHANICAL
\, -a.~k J EQUIPMENT IN RESIDENTIAL DISTRICTS."
;r . I It was MOVED by Councilman Arth, seconded by Councilman Hage and
IJ . carried on roll call vote as follows, that the reading of the full
V; J~ body of Ordinance No. 1416 be WAIVED and that the same be INTRODUCED.
ORDINANCE
NO. 1416
CONSIDINE
(League
Californ~a
, Cities)
/j; ,/1"'11
I
RESOLUTION
NO. 4168
......--
ADOPTED
~
Councilman Considine observed that he still has reservations but
is willing to give it a try.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms
None
Councilman Butterworth
Orrin Burwell expressed appreciation on behalf of the air conditioning
industry for consideration of its viewpoints in the matter; that
there is no objection to the basic intent of the ordinance.
Councilman Considine explained that he had received correspondence
from the City Council of Temple City which in effect says the report
received from the League of California Cities entitled "Changing
Role of Cities" recommends the establishment of an umbrella agency
to preside over the acceptance and physical operation of certain
projects involved in the Los Angeles area, portions of Orange, San
Bernardino and %b~~tlside Counties such as housing, traffic patterns,
open space and/conceivably extend to schools, highways, airports,
etc. It might also have the right of taxation and to assess cities,
and would become mandatory for all cities to join; that only 18
cities out of 77 endorsed the report. He felt that effort should
be put forth to review the report to make certain the City does in
fact concur, and suggested the adoption of a resolution requesting
the Board of Directors of the League of California Cities to put
aside the action of November 5 and to place the matter on a future
agenda for further discussion after all Cities have had an opportunity
to study the report. With the concurrence of Council, he presented,
read in full, Resolution No. 4168, entitled: "A RESOLUTION OF THE CITY
OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF DIRECTORS OF THE LOS
ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES TO SET
ASIDE ACTION TAKEN ON NOVEMBER 5, 1970, APPROVING REPORT OF THE URBAN
PROBLEMS COMMITTEE ENTITLED'CHANGING ROLES OF CITIES' AND TO PLACE THE
MATTER ON A FUTURE AGENDA FOR FURTHER DISCUSSION."
It was MOVED by Councilman Arth, seconded by Councilman Considine and
carried on roll call vote as follows: that Resolution No. 4168 be
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms
None
Councilman Butterworth
11-17-70
- 7 -
ARTH
.1. J 6 '/
HELMS
RESOLUTION
NO. 4169
(MDS)
ADOPTED
~/
//
'"
ADJOURNMENT
19 :7750
Referred to the endeavor to standardize rubbish containers and commented
that based on the apparent cost he would rather go for backyard pickup
and asked that the City Manager also look into compression units which
are now on the market. However, he was in favor of having the demon-
strations of the fibreglass containers as previously discussed. Council-
man Considine agreed and added that there is a responsibility to the
citizens to help beautify the city and still have their trash collected
in the most expedient manner, but also that the citizens have in fact
taken advantage of the collector in putting out more than the permitted
amount of rubbish under the present arrangement.
Asked that a memorandum be made available to Council prior to the next
meeting on Fashion Park in light of Simon Eisner's recommendation set
forth in both his written and oral presentations concerning his belief
that there should be some coordination between the current proposed
development and the ultimate development of Santa Anita Race Track
property.
I
The City Attorney presented, explained the content and read the title
of Resolution No. 4169, entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO PURSUE A TRAFFIC SAFETY GRANT."
,=
It was MOVED by Councilman Considine, seconded by Councilman Hage
and carried on' roll call vote as follows, that the reading of the
full body of Resolution No. 4169 be WAIVED and that the same be
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmen Arth, Considine, Hage, Helms
None
Councilman Butterworth
At 9:30 p.m. the meeting was ADJOURNED to TUESDAY, NOVEMBER 24, 1970,
at 7:30 p.m. in the FOOTHILL JEWISH TEMPLE CENTER.
JJ f.C'7~
Mayor
.,
ATTEST:
~ Clerk
~
I
11-17-70
- 8 -