Loading...
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 -