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Home My WebLink AboutNOVEMBER 15,1968 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE ' APPROVAL PRESENTATION 40 HIGHWAY COMMISSION if~~} I HEARING (Scientology) '? I 'VO ~ 18: 7318 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING NOVEMBER 19, 1968 The City Council of the City of Arcadia, California, met in regular session in the Council Chamber of .the Arcadia City Hall on NOllember 19, 1968, at 8:00 P.M. .Father Laurence Coen, Assistant Pastor of the Church of the Holy Angels Mayor Don W. Hage PRESENT: ABSENT: Councilmen Arth, Butt~rworth, Considine, Helms, Hage None On MOTION by Councilman Arth, seconded by Councilman Considine and carried unanimously the minutes of the regular meeting of NOllember 5, 1968, ~ere APP~OVED. On behalf' of the City Council, Councilman Butterworth presented a plaque to Mrs. Louis K. Randall in appreciation .of her dedicated serllice to the Sister City Program. Mrs. Randall is retiring from the Sister City Program on which she'has serlled since 1963. Dale Turner, President of the 605 Association, .addressed Cquncil. . ... concerning the proposal of the Fedenil Highway Administrator. r'eraii"ng to new rules placing final decision on loca~i"ons and designs of .all federal aid highways, county roads'and city' ~tr~ets in the hands of said administrator; that the. proposed rules e.stablished lengthy, detailed and expensille procedures which would force substantial d.elays in highway construction; that this would make the Highway Commission, County Boards of Superllisors and City Councils mere advisory groups to Washington, D.C. Mr. Turner urged Council to wire the Congressmen representing the District and to Senators Kuchel and Murphy, with copy. to the Federal Administrator, opposing the adoption of such rules and noted that time is of the essence inasmuch as NOllember 23 has been set as deadline for the receipt of comments on the proposed rules. It was MOVED by Councilman Considine, seconded by Councilman Arth and carried unanimously that the following telegram be sent to Legislators with copy to the Administrator: PROPOSED RULES ESTABLISH COMPLICATED AND COSTLY PROCEDURES WHICH WILL NEEDLESSLY STALL ESSENTIAL HIGHWAY CONSTRUCTION. WE' STRONGLY OPPOSE FINAL DECISION ON HIGHWAY LOCATION AND DESIGN BEING PLACED IN THE HANDS OF FEDERAL HIGHWAY ADMINISTRATOR. Sherrell Watson, Manager of the local Chamber of Commerce, adllised that its Board of Directors will undoubtedly go on record in opposition also by dispatching a .similar telegram.. , ,,' . The application of. J. Michael Smith for a Councir. permit to conduct a program on scientology at 333 E.. Foothill Boule.llard was considered in part on NOllember 5, the public hearing portion was closed and the '\latter continued to this date. .The City Manager 'adllised that the requested additional data had been. supplied by t.he applicant and .submitted to council. He noted that the position of staff is unc'anged- for denial of the application. ". 11-19-68 - 1 - JI ? 1a~ Prtmary Motion (Did not carry) ROLL CALL APPLICATION DENIED 18:7379 In opening Council discussion, Mayor Hage stated in part that he would not particularly like to have this organization in the City, but he did not feel that based on available information there is sufficient grounds for denial of a permit to operate a business or religious order if that be the case. Councilman Arth stated in part that he felt Council should use its prerogative and den~ the application; that with the exception of an introductory lecture the organizational representatives would be practicing psychiatry without being qualified; that in his opinion scientology is not a religion as such - that it would be coming in' as a business charging set fees for lectures and the fees progress , , . upward as it ~ets into the auditing area~ ' I Councilman Considine stated in part that from reading literature submitted by the applicant and other material, together with first- hand experiences related to him by friends and acquaintances con- cerning the organization when it was known as Dianetics, it is his opinion that scientology is a business o~t to make money solely and purely; that the endeavor is financial; that it does so by following a pseudo philosophical,medical or religious basis and he could not recommend appro~al. Councilman Butterworth spoke at length sta~ing in part that he has researched the subject. matter; that it appears to be a philosophy which endeavors to help people adjust to life and environment; that with all due. respect to his colleagues he.views it as a question ~f... can a free society tolerate what is novel, unorthodox and bazarre... that in his opinion it must...it is the strength of the society. That Council should not sit in judgment on this. He felt the business would come into the city under free enterprise and asked what difference it "'auld make. to Council what the charges'; that it would succeed or fail on its own. ..He made reference to other religions which may have started under charges of fraud and continued in part that in his opinion it is the constitutional right of the organization to promulgate any philosophy it'so chooses; that it is difficult for him to see how Council could take a position that it is expertise in the field; that there are free societies everywhere and regardless of personal views he ",ould hope that Council has the kind of philosophy which is con- sistent with.a free society. He made references to magazine articles concerning the subject. He then MOVED that the application be APPROVED. '. ["'t Councilman Helms stated in part that he ~greed with Councilman Butter- worth that f~eedom of expression is one of the basic guarantees of our form of government, however, in his opinion Council is not sitting in judgment of:freedom of speech or expressi~n in this instance, but of a business operation and enterprise - whi~h requires an entirely different rule. That after reading the material published by the organization, it appears to be anti-gov~~~ment, anti-authority; that a judge, lawyer, policeman or newspaper reporter would not be allowel to undergo its training for policy reasons. He felt the business deserves no better standing in the community than palmistry or mind reading; th~t the philosophy angle or tre aspect of a pseudo religi should not enter the thinking of Council and urged denial. Mayor Hage then seconded the motion made by Mr. Butterworth. Roll call as follows: AYES: NOES: ABSENT: Councilmen Butterworth, Hage Councilmen Arth, Considine, Helms None Councilman Considine then MOVED that the application be DENIED. Motion 11-19-68 - 2 - I HEARING (Schavoni) '~~f HEARING (Sig~s) Continued . , f ~4~ I 18:7380 seconded by Councilman Helms and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms Councilmen Butterworth, Hage None Application of Roccie J. Schavoni for a business permit to conduct a used car sales lot at 420 E. Huntiqgton Drive (also known as 5 S. Fifth Avenue). Mayor Hage declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Helms and carried unanimously that the application be and it is hereby APPROVED. Recommendation of the Planning Commission concerning regulations for signs in Zones C-C, C-l, C-2 and CoM. The Planning Director explained proposed changes as contained in Resolution No. 663 per- taining to signs generally, marquee, parallel mounted, projecting, free-standing, banners, temporary political, real estate and window signs including maximum aggregate area of all signs. Mayor Hage declared the hearing open and Walter Gockley, 1722 Alta Oaks Drive, chairman.of the Ad Hoc Committee for sign ordinance revisions, spoke at length concerning the proposed changes ~tating in part that in the main they are realistic and would work for the business community and are in keeping with the aesthetics of the city. With reference to Section 10, pertaining to the maximum aggregate area of all signs, he was advised by the City Attorney that the Modification Committee may permit changes as may be necessary and appropriate for the improvement of a particula~ property. Reference was also made to regulations pertaining ,to the downtown business section which were to be rescinded and to signs not being allowed to revolve which the Committee felt should be permitted. Public Relations for Kentucky Fried Chicken Bob Mason! spoke concerning rotating signs and asked Council to consider the economic factor and what would benefit the community. He cited individual business ventures which had increased in sales after the installation and operation of rotating signs. He asked for an amendment therefor. , I: Roland Wallace, representing Ralph's Grocery Company, stated in part that there is no objection to good zoning practice, but that the proposed regulations are not in the best interest of the general public. He explained the loss which would be involved in order to comply and referred to the cost to rebuild, replace and conform signs. Mr. Wallace submitted a list of 53 businesses which would have to remove and replace signs under the proposed 'regulations. He suggested that the phasing-out period of six months is too short and asked that a study be made to arrive at a more reasonable period of time for conforming. Reference was made to an elapse of more than two years in order to consider the subject and Mr. Wallace commented that there was a loss of communication within the company. Charles Harding, 125 E. Live Oak Avenue, stated in part that the height regulations should be uniform and that banners should be permitted for the benefit of the community and the businesses. He referred to surrounding cities which permit banner display and the competition connected therewith. He recommended the adoption of the proposed changes including those presented favoring revolving signs. Jerry Jackson, representing the California Electric Sign Association, referred to the depressing appearance of Huntington Drive in the 11-19-68 - 3 - ,,>, ;' " ::', ,: J,'/~.' ~'! .'. :': 01; ,.' .,..... ~' , 'I' " '-,.,..." ; 1'.,;1 EMERGENCY TELEPHONE (Vist'a Park) Approved . t}' . , C1 . :1' t~" t :.' NEIGHBORHOOD PARK (Baldwin Stocker) CONTINUED t..O '\ :. 18:7381 downtown area which may have been caused by the restricted sign ordinance. He spoke at length concerning the requirement in the height of free standing signs and referred to his company's formulae which had been developed over the years. He compared the position.of the businessman who had to remove a costly sign, with no identification to his product or business, with a merchant just .acrossthe city boundary who is permitted to attract business wit~ a competi~ive sized sign. He submitted copies of guideline standards developed by experts in the industry and concluded his re~arks by'urging Council' to se~iously consider all presentations. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Butterworth.and carried unanimously. I The City Manager stated in part that adequate time should be allowed for staff to study dimensions and problems of businesses in order to provide fair ",arning and suggested a longer than six months abatement period. Extensive discussion ensued and it.,was the consensus of Council that although it is in accord with the.proposed"r~gulations that there are same areas requiring further analysis '''and study - i. e., rotat"ion of signs, 500' limitation (possibly equalizing the sign height), abatement period, the safety ,factor in the free standing sign "regulation.. .Due to the Christmas rush imposed on businessmen, further .consideration will' be extended .into'January of the new year. D'!.ring th.e:.interim staff .will prepare and submit to Council any additional. material which may be helpful in reaching a decision. . , . , On MOTION by .Councilman Considine, seconded by Councilman Butterworth " and carried on roll call vote as follows, the r.ecommendation of the , '.Recreation .Commission that, an emergency telephone be installed at 'C' V.is'ta Park was.-APPROVED.. Installation .will be accomplished concurrent .' with. the, rede.velopment of the park,' and service will be activated at the., a,irection of' the' City Manager. AYES: , NOES: ABSENT: , Coun'c i lmen' . None None Arth, Butterworth, Considine, Helms, Hage ,-', , Councilman Arth felt he would prefer to await the findings of consultants in the development of a General Plan along with an 11-19 - 68 - 4 - I WORK ACCEPTED (Beautification) 1" I 0 s4 OCCUl'ANCY PERMIT EXTENDED I PATROL AND STAFF CARS (Postponed) POLICE OFFICER D,' SALARIES ~~\, (Information IYNI~ Only) LAND PURCHASE (Excess freeway property) \ '3 )'1 18: 7382 Economic Study. He would like to be certain that redevelopment could be accomplished in the central area, that there is more obligation under the proposed agency than through the normal flow of private enterprise. He felt the creation is premature at this time. Councilman Butterworth was of the opinion that it is important to create such an agency, referring to the time involved in just preliminary steps. He favored going. ahead under the Federal Urban Renewal Act, and recalled that some five years have elapsed during delib~r~tions. Councilman Helms observed in part that he was impressed with the planning phase which could be accomplished under the auspices and through the resources of federal funds and suggested continuing the matter in order to further review reports and pertinent material. Councilman Considine agreed with the views of Councilman Arth; that without a General Plan and an Economic S~udy it would be difficult to decide which way to go - for commercial sales, office buildings, convention center or high rise apartments, etc. After discussing procedure, appointment of an agency, be it Council members or resident electors, and the like, it was the consensus of Council that more time is necessary for perusal of the material and instructed the City Attorney to prepare a,form of an ordinance declaring the need for the creation of a Community Redevelopment Agency - to be presented to Council in time for consideration at the next regular meeting. It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that the work as completed by Duke's Landscape Service in the beautification of Santa Anita' Avenue between Colorado and Foothill Boulevards be ACCEPTED; that final payment be authorized.. It was noted in the recommendation of staff that the installation was completed on October 9 and that the contractor has been performing the required 30 day maintenance. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Rage None None The request of John A. Wills for a 90 day extension of an occupancy permit of property at 333 N. Santa Anita Avenue was APPROVED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. It was noted that on May 7 the applicant was granted a six months occupancy permit. The above action grants another extension to February 7, 1968. Report on purchase of vehicles to replace ten police patrol cars and one staff car was POSTPONED. Council received and accepted the recommendation of the Police Chief to the City Manager, proposals for increasing the entrance rate for experienced police officers. It was noted in the report that the cost of any adjustments necessary to implement the new program would be. $1,512 for the balance of 1968-69. This is a managerial matter, however, the City Manager desired the Council to be so informed. On recommendation of the Land Committee it was MOVED by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows, that the City purchase from the State excess freeway property at 618 N. Santa Anita Avenue and portions of 33, 37,41,45 E. Newman Avenue, and that the City Attorney prepare 11-19-68 - 5 - LANDSCAPING (Parking Lot) '1 'i;) ;' PROCEDURAL ORDINANCE WAIVED CHRISTMAS DECORATI~Np !~~ C\ ' ORAL PARTICIPATION ~ <) rA 18:7383 the appropriate Resolution of Intention. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Hage None None It was noted in the report (November 15) that the subject area is a key location for entrance into the City and will be the only off ramp leading into other than a residential area; that a 0 transition of the use of this property from its present non-conforming residential status to a freeway oriented use appears certain and the control of the property appears to be the only way to accomplish a desirable transition. The City Manager advised that the parking lot being paved by the Turf Club adjacent to City Hall will be ready for peripheral landscaping within a month. He recommended the transfer of funds for such improvement. I The landscaping will be done in as close to maintenance-free manner as possible. It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that the sum of $6,500 be transferred from Reserve for Capital Project Account # 285 in the General Fund to Capital Project Account 642, Landscape Project - Turf Club Parking Lot. AYES: Councilmen Arth, Butterworth, Considine, Helms, Hage NOES: None ABSENT:None In order to considering the following matter, it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that the provisions of the procedural ordinance be waived. The requests of Harding's Gardenland, Inc., and the Arcadia Business Association for permission to install Christmas decorations was APPROVED on MOTION by Councilman Considine, seconded by Council- man Butterworth and carried unanimously. Harding's will decorate its own lot and the Association will have installed decorations on light standards on Huntington Drive between Santa Anita and. Second Avenues with streamers across North and South First Avenue. All to be removed by January 1, 1969. J. Michael Smith, applicant for permission to conduct lectures on Scientology, thanked members of the Council who supported his application and stated in part that he was surprised at the action I for denial; that the organization has opened offices in the San Gabriel Valley area and felt that another application will be made in the city at a future date. He made reference to a press statement which is soon to be released refuting a magazine article which had been discussed. Tammi Omen, 925 S. Alvarado, Los Angeles, as spokesman for Western United States Scientology, stated in part that she attended the meeting because of press articles and subsequent inquiries and felt the data presented was incorrect. She questioned source material to which reference had been made during Council deliberations and explained in part the policy and objectives of the organization. 11-19-68 - 6 - I I CRA ORDINANCE NO. 1394 ADOPTED RESOLUTION NO. 4040 AMENDED AND ADOPTED Ilo~1 13: 7384 Mrs. Ilene Merrill, 1775 Royal Oaks Drive, Bradbury, suggested that Scientology may alter a young person's life and referred to a member of her family who was drastically changed through its study. She asked Council to consider the need for something to counteract the. use of narcotics among the youth. Kermit Hartzler, 488 W. Duarte Road, asked Council to consider the cre~tion of a Community Redevelopment Agency as an immediate need for the revitalization of the downtown area and urged the adoption of an appropriate ordinance. The. City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1394 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING SECTION 91l2.4 TO THE ARCADIA MUNICIPAL CODE RELATING TO MINIMUM LOT SIZES IN THE AREA BETWEEN COLORADO STREET AND FOOTHILL BOULEVARD.WESTERLY OF BALDWIN AVENUE AND R~NUMBERING OTHER SECTIONS OF SAID CODE." It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1394 be WAIVED. , .' AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Hage None None It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that Ordinance No. 1394 be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Hage None None The .City Attorney presented, explained the content and read the title of Resolution No. 4040, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA GRANTING A VARIANCE TO ALLOW THE CONSTRUCTION OF A 17-UNIT APARTMENT DEVELOPMENT ON PROPERTY FRONTING ON COLORADO .STREET AND COLORADO BOULEVARD, SOUTHEASTERLY OF OAKHURST LANE." ' The resolution was AMENDED in order to interlineate at beginning of SECTION 3. . . "Consistent with the conditions established by Section 4 hereinafter set forth, the following findings are made..." Whereupon it was MOVED by Councilman ALth, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Resolution No. 4040 as amended, be WAIVED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Rage None None It 'was MOVED..by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that Resolution No. 4040 as amended b~ ADOPTED. . AYES" . :.NOES: - ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Hage None None 11-19-68 - 7 - RESOLUTION NO. 4041 ADOPTED J'I ) ~,~ HELMS ~ A/: .A) ,rV. ... ~ ~:; ADJOURNMENT 18:7385 The City Attorney presented, explained the content and read the title of Re.solution No. 4041, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO VACATE . AND ABANDON AN UNUSED PORTION, OF LOWER AZUSA ROAD AND FIXING A TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SUCH PROPOSED VACATION AND ABANDONMENT." Wheteupon it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 4041 be WAIVED: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Helms, Hage None None It "'as MOVED by Councilman Considine, seconded by Councilman A.th and carried on roll call vote as follows, that Resolution No. 4041 be ADOPTED. AYES: NOES: ~SEN;J;:, . Arth, Butterworth, Considine, ~elni.s.. 'ljll,a~ Coun~ilmen None None , I Read section on Public Communications - Office Pol~c~es of S;(~~tot~gy~ Commended persons responsible. for the success of' the Rose Parade Coronation Ball at the Turf Club recently. Co~~cil concurred that app~opriate recognition was indicated. Thete being no further business the meeting was, AI;lJOURNED at 10.: 5'0.' P.M., on MOTION by Councilman Butterworth, seconcled. by Councilman Helms and carried unanimously. Aw~z Mayor Lp~7NJ~ . City Clerk /.... 11-19-68 - 8 - I