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HomeMy WebLinkAboutAPRIL 20,1971 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 19:7807 IINVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL CITY SEAL ADOPTED 6-// ;'-."~ P bJI/u ORDINANCE NO. 1429 INTRODUCED COUNCIL REORGANIZED MAYOR IPRO TEMPORE HAGE MAYOR MAYOR (Helms) MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 20, 1971 The City Council of the City of Arcadia, California, met in regular session on Tuesday, April 20, 1971 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev, James R. Helms, Sr. Councilman James R. Helms, Jr. PRESENT: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None On MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously the minutes of the regular meeting of April 6, 1971 were APPROVED. Mayor Butterworth presented Ordinance No. 1429, explained the content, which incorporated the design of a new City Seal which is definitive of community of homes - reflecting mountainous background, the Queen Ann Cottage and a colorful peacock based on a grove of orange trees, The City has had two seals prior to this, one adopted at its incorporation in 1903 and a revised one adopted in 1913. the It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1429 be WAIVED and that same be INTRODUCED: AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, Butterworth None None *********** Pursuant to City Charter ,Section 404 (b) providing for the Council to elect on, of its members as Mayor and one of its members as Mayor Pro Tempore in odd numbered years at a second regular Council meeting held during the month of April, Council entered the reorganization procedure. Mayor Butterworth declared the Mayor's chair vacant, Whereupon Councilman Considine placed in nomination Councilman Rage as Mayor Pro Tempore. Motion seconded by Councilman Arth. Councilman Considine MOVED that the nominations be closed and that a unanimous ballot be cast. Motion seconded by Councilman Arth and carried unanimously, The City Clerk thereupon cast a unanimous ballot for the sole nominee, Councilman Rage. Councilman Rage then placed in nomination for Mayor for the ensuing year Councilman Helms. Councilman Considine seconded the motion. Councilman Rage MOVED that nominations be closed and that a unanimous ballot be cast. Motion seconded by Councilman Considine and carried unanimously. The City Clerk then cast a unanimous ballot for the sole nominee, Councilman Helms, as Mayor. Mayor Helms then assumed his place as the presiding officer of the City for all ceremonial purposes. He shall perform such other duties 4-20-71 - 1 - ROLL CALL OF NEW COUNCIL 19:7808 consistent with his office as may be prescribed by Council, Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None Mayor Helms expressed appreciation to Councilman Butterworth for his assistance and guidance during the past year and following the intro- duction of his family made the following acceptance statement: lilt is indeed an honor and pleasure to accept the duties and responsibilities of Mayor of Arcadia. Many able and dedicated men have held this position and it has been my extreme good fortune to have served I with four of them on this council. I think that this group of elected officials represents local government at its finest state. The experience and good judgment which you each have demonstrated, and your respect for the opinions and judgment of your fellow councilmen, have made serving on this council a unique privilege. I shall do my best to follow the lead which you have set. I would like to take this opportunity to make a few observations on the present and future of the City of Arcadia. liAs we start this new year in city government, we should be mindful of the difficult period through which We have recently passed. The municipal referendum which was decided by the voters today represents the ultimate in the democratic process. The many long hours of public hearings before the Planning Commission, the City Council, and finally the referendum to the people to make a determination of a matter of such great import to the city and to the future of our people here, is in stark contrast to the functioning of government behind the Iron Curtain where the government tells the people what's good for them. "We must be aware, however, of the deep scars which this process has left on many of our citizens. It has been a matter of great emotional .stress on many segments of our society, but now that the ballots have been cast we should recognize the true value of a democracy and of being governed by the will of the majority. We must all close ranks and work together for the future benefit and betterment of the city of Arcadia. "r feel that we are entering a new era in government when the national emphasis will be placed on winding down military involvement and stepping up efforts to preserve our environment. We here in Arcadia must be aware of this change and of the pressing need for government at all levels, and especially on a municipal level, to take the lead in using our technological resources and our city planning mechanism to help shape the environment of our community. We must bear this in mind as we complete the work on our new general plan, and as we formulate the rules for future subdivisions w'i thi n our city limits. ,It presents a great challenge and an exciting one for those of us involved in municipal government. And while pollution is a nation wide subject of concern today, and though we are told that air pollution is bigger than any individual or city, still I we have in the past instituted some programs to control in one way air pollution and emissions from public owned vehicles. We have also tackled the problem of noise pollution, which many experts feel is equally as im- portant. The city has and will continue to utilize suitable areas for mini-parks and for the preservation of the graceful and beautiful ameni- ties which we have here in Arcadia. I feel that these things are of great importance and that we should use our imagination to exert the influence of the city government in this cause. "Look back over the past year and the example of the functioning municipal government to which I referred to earlier, I find one primary need in city government. This need can be capsulated in one word "communication". We need to establish better communications between the 4- 20-71 - 2 - I CONDITIONAL USE PERMIT (Davidson) p ~ O,f , ZONE CHANGE HEARING SCHEDULED (Health Club) --- CONDITIONAL IUSE PERMIT (Health Club) RATIFIED p' e () r: CONDITIONAL USE PERMIT (Restaurant) RATIFIED () d tJ J': /'T,' 1) 1@r[;{-1 19:7809 members of the Co~ncil, between Council and staff and in all levels of municipal government; but primarily, we need to eSbablish better commu- nications between municipal government and the citizens of Arcadia. As the city undertakes each week the solution of problems and the imple- mentation of programs, it is essential that the citizens be informed. And since it is the function of government to serve the people, we must encourage all forms of communication between the government and the people. In this way government can be kept tuned to the will of the people. I hope to implement during the coming year i~formation meetings between the staff, myself and local newspaper representatives and to provide timely reports to the people on programs and projects which are of general interest. I feel that too often in the past we have developed programs and have announced them full bloom without first inviting the opinions of informed and respected people and organizations within the community. I hope that we can develop a procedure which will make use of the experience and judgment of as many of our citizens as possible. "In conclusion, I look forward to the coming year as one which will be meaningful and productive and which will serve to maintain home rule. as a fact and not a catch word." Request of Keith Davidson, l122 W. Huntington Drive, for a conditional use permit to ~ontinue the use of property at 11721 Clark Street (Chicago Park area). This matter had been continued to allow time for the City Attorney and Counsel for the applicant to confer. Mr. Davidson advised that this had been done and that an agreement had been reached. It was noted that the conditional use permit would be granted for a five (5) year period. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that the hearing be closed. It was then MOVED by Councilman Arth, seconded by Councilman Rage and carried on roll call vote as follows ,that the conditional use permit be granted subject to conditions, specified by the Planning Commission in its Resolution No. 717; that the owner waive any claim to compensation for any increase in the value of the property due to the issuance of the conditional use permit, improvements hereafter placed on the property, or any leasehold interest. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None The recommendation of the Planning Commission, set forth in it5 Resolution No. 726 in connection with an amendment to the Zoning Ordinance to permit health clubs in the C-l Zone on a conditional use permit basis, was scheduled for public hearing on May 4. Planning Commission recommendation that a conditional use permit be issued for a health club at 902 South Baldwin Avenue, subject to conditions outlined in its Resolution No. 727. It was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the action of the Commission be SUSTAINED and the conditional use permit be granted subject to conditions. It is noted that this permit will not become effective until and unless the property at 902 S. Baldwin Avenue is zoned for such use" which is scheduled for the above public hearing. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Planning Commission Resolution No. 728 granting a conditional use permit for the construction and operation of a restaurant at 100 N. Santa Anita Avenue. Projecturals were reviewed indicating the proposed landscaping, 'floor plan, elevations for the facility which will be part of the Towne 4- 20-71 - 3 - 19 :7810 i Center. The Planning Director explained the parking to be provided and made reference to the terms of the Parking District resolution if any of that space were used. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the action of the Commission be RATIFIED - and that the conditional use permit be issued subject to all conditions set forth in said reso- lution, AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None AUDIENCE PARTICIPATION COMPLAINT :Ii~: tf~ COMMENDATION ,~ -I /J BID AWARD NATURE CENTER 5= / ~(,:r 1/ Owen Cupfer, 733 N. Hunter Drive, San Gabriel, owner of property at 616 S. Santa Anita Avenue, spoke to the condition and operation of the business at the corner of Genoa and Santa Anita Avenues (Food Locker), He noted that the refrigerated trucks arrive at all hours, park and leave the motor running and the truck unattended while deliveries are made. He felt the wholesale meat operation is not part of the Food Locker business. He noted that an offensive odor emanates from the operation also and asked for guidance in seeking relief. He was advised that staff will investigate and the matter will be an agenda item for May 4. It was suggested that if a violation is found that the City assist in rectifying the situation; that the zoning also be checked and that the County Health Officer be apprised of the situation - and that perhaps the provisions of the noise ordinance would eliminate some of the disturbance. I , Conley Ferguson, 1031 W. Duarte Road, Arcadia, congratulated Mayor Helms on becoming Presiding Officer and the Council as a whole on the manner in which they govern the affairs of the City - especially during the past year which has presented many trying times. He also extended the same observation to the city staff, The City Manager and the Director of Public Works reported on the following bids received for the construction of the Wilderness Park John Panatier Nature Center and recommended the bid be awarded to the low bidder: Contractor Basic Bid Alternate Calnor Construction Co. Robert J, Hassett Robert L. Reeves Fred A. Walsh Glass-Vrgora $ 47,840 48,950 57,600 63,370 63,500' $ 6,750 6,296 9,000 7,850 10,400 It was MOVED by Councilman Considine, seconded by Councilman Hage and I carried on roll call vote as follows that the basic and alternate bids of CALNOR CONSTRUCTION COMPANY in the amounts of $47,840 and $6,750 respectively be accepted; that $57,000 be APPROPRIATED from Reserve for Capital Project Account No. 285 and transferred to Capital Project Account No. 648; that any irregularities or informalities in the bids or bidding process be waived; that all other bids be rejected and the Mayor and City Clerk be and they are hereby AUTHORIZED to execute the contract in form approved by the City Attorney, AYES: NOES: ABSTAIN: Councilmen Arth, Butterworth, Considine, Rage, None Councilman Helms, due to a business affiliation with the awardee. None ABSENT : 4- 20-71 - 4 - .... CONTRACT AWARD (Landscaping- median islands) ..t M) "", . ~/;) I I CLAIM SETTLEMENT fl. -(), ./) ,pr; 1',4~~ POLICY TO BE ADOPTED TRAINING TOWER (Fire Department) JI ,,), f'. /1 ' ...-,,,v",J? I """""" NO. 4192 (EASEMENT) ADOPTED 1-1144-B 19 :7811 The City Manager and Director of Public Works reported on bids received for the median island landscaping in Second Huntington Drive and made recommendation for the award of therefor: the following Avenue at contract Duke's Landscaping Service Landscape Services, Inc. Landscaping by Napolitano $ 7,450 7,657 11,888 It was MOVED' by' Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows that the contract be awarded to the low bidder, Duke's Landscape Service, in the amount of $7,450; that all other bids be rejected; that any informalities or irregularities in the bids or bidding process be waived and that the Mayor and City Clerk be AUTHORIZED to execute the contract in form approved by the City Attorney - and that the sum of $8,000 be APPROPRIATED from Council Contingency Fund Account No. 417-28 in the General Fund for such purpose. AYES: NOES: ABSTAIN: ABSENT: Councilmen Arth, Butterworth, Considine, Helms None Councilman Hage (due to business affiliation with the awardee) None Some discussion ensued on what legally constitutes a conflict of interest as far as bhe participation of a Councilman in matters of the above nature. The City Attorney will submit an opinion in this regard. On MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows a reimbursement in the sum of $1.15 was APPROVED to cover minor property damage to a wall at 508 W. Norman Avenue and owned by J, F. Hightower. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Staff will prepare and submit to Council a proposed established policy for processing matters of the above nature. Council received staff report and recommendation for the selection of an architect for the fire training tower project. It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that Ward R. Helman be retained to provide professional services for the project in accordance with terms and conditions of an agreement between the City and the Architect in form approved by the City Attorney: AYES: NOES: ABSTAIN: ABSENT: Councilmen Arth, Butterworth, Considine, Rage None Mayor 'Helms, due to professional association with the awardee None The City Attorney presented, explained the content and read the title of Resolution No. 4192, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING EXECUTION OF AN EASEMENT DEED TO THE EDISON COMPANY." 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. 4192 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: '. Councilmen Arth, Butterworth, Considine, Rage, Helms None None 4- 20-71 - 5 - RESOLUTION NO. 4194 (CIVIL DEFENSE) ADOPTED, 1/ PROCEDURAL ORDINANCE WAIVED RESOLUTION NO. 4197 (FREEWAY) ADOPTED t /11 RESOLUTION NO. 4196 (QDITCLAIM DEED) ADOPrED v '.' 19:7812 The City Attorney presented, explained the content and read the title of Resolution No. 4194, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING LYMAN H. COZAD, CITY MANAGER AND DIRECTOR OF CIVIL DEFENSE, AND CATHERINE M. LORTZ, CITY TREASURER AND ASSISTANT DIRECTOR OF CIVIL DEFENSE TO EXECUTE DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED AND RESCINDING RESOLUTION NO. 4024." It was MOVED by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of' Resolution No. 4194 be WAIVED and that same be and it is hereby ADOPTED. . AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None I On MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows the provisions of the Procedural Ordinance were waived - in order to consider the following items. AYES: NOES: ABSENT: Councilman Arth, Butterworth, Considine, Hage, Helms None None The City Attorney presented, explained the content and read the title of Resolution No. 4l97, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING IN AGREEMENT WITH THE STATE DIVISION OF HIGHWAYS. " It was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 4197 be WAIVED and that same be and it is hereby ADOPrED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None Councilman Butterworth observed that the arrangement with the State Division of Highways for the construction of the concrete block wall along the southerly side of the Foothill Freeway between Baldwin Avenue and Michillinda Boulevard, is probably the best the City can do, however, the Director of Public Works should be alert to any unforeseen circum- stances which would cause the cost of the wall to exceed $35,400 without prior approval of the Director of Public Works - and that the City Council be advised of any such situation. The City Attorney presented, explained the content and read the title of Resolution No, 4196 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF ARCADIA AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO CERTAIN PUBLIC UTILITY EASEMENTS." It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows that the reading of the full body of Resolution No. 4196 be WAIVED and that same be and it is hereby ADOPrED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Helms None None 4-20-71 - 6 - ", . RESOLUTION NO,. 4198 (TOWNE CENTER) ADOPI'ED j /1d/ 6' I~"~" 1 / I PLANNING DIRECTOR V'/ ADJOURNMENT 19:78l3 The City Attorney presented, explained the content and read the title of Resolution No. 4198, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING AN AMENDMENT TO THE "TOWNE CENTRE CONTRACT" AUTHORIZED BY RESOLUTION NO. 4l93," 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, 4198 be WAIVED and that same be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Helms None None Mayor Helms made the following appointments of Council members as liaison to the various Boards and Commission for the ensuing year: Councilman Arth Recreation Commission Youth Commission Audit Committee Land Committee City Selection Committee Independent Cities Councilman Butterworth Arcadia Beautiful Commission Civil Defense & Disaster Board Sister City Commission Southern California Association of Governments (SCAG) Councilman Considine Library Board Land Committee Municipal Data Independent Cities - ALTERNATE Councilman Hage Planning Commission County Sanitation District Nos. 15 & 22 - ALTERNATE City Selection Committee - ALTERNATE League of California Cities - ALTERNATE Mayor H~ lms Personnel Board Audit Committee County Sanitation District Nos, 15 & 22-DIRECTOR League of California Cities - DIRECTOR The City Attorney will prepare the Resolutions of appointments - where necessary - and they will appear on the agenda for the next regular meet ing. The Planning Director advised that the request of Council for the recommendation of the Commission concerning the appropriate zoning of property located at 120 W. Sierra Madre 'Boulevard will be submitted to Council at the May 4, 1971 meeting, Appreciation was extended to Councilman Butterworth for his accomplish- ments and efforts during his tenure as Presiding Officer. The meeting was adjourned sine die at 9 p,m., in memory of Sidney Collins, local ci.vic and business leader who passed away April l5. ATTEST: ~~~d-0 City Clerk 4-20-71 - 7 -