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HomeMy WebLinkAboutAPRIL 4,1978_2 I ,I 23:9487 OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTES SENIOR CITIZEN COMM:;SION HEARING (continued to April 18) V HEARING (HARE KRISHNA) JULj ?R r MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING APRIL 4, 1978 The City Council of the City of Arcadia, met in regular session on April 4, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. City Councilman Robert G. Margett City Clerk Christine Van Maanen PRESENT; ABSENT; Members Gi1b, Lauber, Margett, Parry, Sae1id None On MOTION by Councilman Margett, seconded by Council Member Lauber and carried unanimously the minutes of March 21, 1978 were APPROVED. The City Clerk administered the Oath of Office to the following members of the newly formed Senior Citizen Commission; John Gaffey Mable B. Hein John Joseph Lee Lurie Anita Santo Mary Young There are seven members and Mrs. Afton Lindsey will be sworn in later. Council Member Lauber then presented each of the members with credentials and welcomed them to the Official City Family. Appeal from Planning Commission Resolution 1008 recommending denial of a zone change from R-1 to R-3 at 645 Naomi Avenue and from R-1 and R-2 to PR-3 at 645-671 Naomi Avenue (north side of the street). On recommendation of the Planning Director this matter was held over until April 18. Hearing remains open. Application of the International Society for Krishna Consciousness, Inc. (Hare Krishna) for a religious solicitation certificate. Mayor Sae1id announced that the purpose of this hearing is to take testimony to be used in determining what regulations would apply in the event a certificate were approved. He then declared the hearing open. No one responded to his inquiry if anyone was present from Hare Kirshna and would like to speak to the matter. The following persons spoke in opposition and their remarks are set forth in part as follows (full text on record in the Office of the City Clerk). S. E. Wood, 1040 Monte Verde Drive, expressed concern that solicitations may be made on private property and stated in part that he does not want any harassment. Mayor Sae1id commented that the City Council will keep that in mind as it considers the application. Mrs. Johanna Hofer, 875 Monte Verde Drive, suggested a continuance of this hearing as there were other residents who could not be present due primarily to the Easter vacation and also that a new City Council will soon be seated and would have to live with whatever decision is 4-4-78 - 1 - 23:9488 made. She stated further in part that the organization was a culture or cult and is not a religion and spoke of events with which she has been made aware. She felt that in good conscience the City Council could only deny the application. Rick Bundy, General Manager of Santa Anita Fashion Park, advised that they have informed the organization that Fashion Park is private property and does not permit solicitation of any type On its property. Gupta Roshan, 2282 Highland Vista, owner and operator of a business located in Fashion Park, said in part that having attended school in India he is familiar with the movement; that it is not a religion; that the young people fall prey to its teachings. He felt it is his duty as a citizen and resident to impart his knowledge to the City Council. He felt the consequences would not be pleasing should the application be approved. 1 Robert K1adifko, 348 W. Las Flores Avenue spoke of his experience with the group from his position as an educator and principal at Venice High School; that this is the largest community of Hare Krishna members on the west coast. He said further in part that at One time they came illegally on campus to solicit and were asked to leave and did not. In time they did and he has recently discussed what transpired with the Los Angeles Police Department.. He said the Temple in Venice has armed guards. He also said the situation at the Airport is very bad and submitted instances where they have. endeavored to detain people against their will. He concluded his remarks by saying in part that he did not want his family, friends and/or neighbors to have to endure this and suggested Council appoint a committee to investigate what has occurred in other communities where they have a permit to solicit. Mrs. Stella Ross, 355 W. Longden Avenue, spoke at length and sub- mitted an incident where her daughter was almost intimidated by the group. She felt it would be a great loss to the residents if the permit were granted and suggested continuing the matter until it is determined whether or not it is a bona fide religious organization. MrS. Ross also presented petitions with 87 signatures asking the City Council not to grant the application; also pamphlets, letters and newspaper articles as listed below concerning the subject matter. (These are on file in the office of the City Clerk.) She asked the City Council to make a thorough investigation regardless of how long it takes. "This can happen to you! II Citizens Freedom Foundation Box 7000-89 1719 Via e1 Prado, Redondo Beach, CA 90277 "Let Our Children Go" Fred Delves The Marietta Daily Journal VIEWPOINT 10-22-76 ''Krishna Sect Target of $16 Million Suit" Citizens Freedom Foundation "NEWS" 11-6-1 "Krishna plunge is probed". Times Leader - The Evening News Wilkes-Barre Record "Krishna Units Accused of 'Pirate' Telephone Calls" & "Lawsuit hits Kirshnas on phone calls". Los Angeles Times Star News 9-24-77 9-24-77 "The Sounds of Transcendence! ) " - NOTE - The Bhaktivedanta Book Trust) (publisher of BACK TO GODHEAD magazine)') Back to Godhead wishes to thank ... " ) "Krsna Conscious Calendar" ) "Possible Crime Link Bared by Murder" by Evan Maxwell L.A. times 10-28-77 "California Slaying Case Involves Ex-Mafia Figures and Krishnas" by Robert Lindsey New York Times 11-2-77 - ? - 4-4-78 1 1 'IIare Krishna: Scandal in the castle" From Dick Word1ey in Frankfurt ~mbatt1ed Movement 10 Years Old Krishna Group's Chants Ire Neighbors" by Daryl Lembke "Dr: . Winter I s letter to Senator Crowley" 0ii11iam J. Winter, M.D. 118 Virginia Rd., Pgh., Pa. 15237 ) "The Hare-Krishna-Devotees developed a nearly perfect system of collecting money (Sankirtan), ... " "The Way, The Truth and Getting Out" "A Krishna's Response" "Krishna girl, 19, suicides" ) "Burnt body in bath" ) "Sect link with death" ) "A mother's bitter victory" By Michael Gawenda "Says Son is Held by Krishnas" ) By Joan Nassivera ) "Cult Denies Boy Fled to Temple) 23: 9489 Pix/People L.A. Times 7-20-75 2-16- 77 Phi1a. Daily News Phila. Daily News 4-18-77 4-18-77 Sunday Press 4-3-77 The Sun 4~28-77 11-19-76 11-23-76 "Insanity Ruled in Area Trial" "Holmstrom Slaying Trial Under Way" ''Mother Testifies in Son's Murder Trial" -- 12-18-64 "Destroyed" by Victim, Defense Says Manslaughter Verdict Sought For Moore" "Hare Krishna Member Slain in Laguna; Husband Arrested" L.A. Times 5-17-75 '~re Krishnas -- a sinister & violent side" "Boy Shoplifted after Krishnas Grabbed his Cash" "The Children of The Counterculture" "Religious Panhandlers Are Provoking Anger at Airports" "Happy Krishnas looking for the dollar" "My life in Hare Kirshna;" "Girl sues Hare cult for $2.5M" "A1ian cults turn minds". "DeprograDmling" "Krishna makes slaves of women" "Genny Tells of Fears in Krishna Sect" "Divine Culture" "Life in the Womb" ''Living in the Material World" - 3 - Sanity Now, P. O. Box 261 La Puente, CA 91747 Melbourne Truth 1-29-77 The New York Times Book Review 3-7-76 New York Times Cult-Expo Melbourne; Apr. 1976 (Jan 16 - 22, 1976 Reporduced by kind permission of 'NATION REVIEW' The Boston Herald American 4-6-77 The Boston Herald American 4-20-77 The Catholic Paper Duartean Arcadia Tribune, TC Times, Monr. News Post, Pasadena Star News 4-7-77 The Denver Post 8-26-77 Back to Godhead Back to Godhead Bank to Godhead 4-4-78 22; 9490 "Psychologist Deals with Cu1tic 'Brainwash 'II Herald Examiner 9-11-76 "Testimony of John G. Clark, Jr., M.D. Assistant Professor of Psychiatry, Harvard Medical School and Massachusetts General HoSpital To the Special Investigating Committee of the Vermont Senate "Investigating the Effects of Some Religious Cults on the Health and Welfare of their Converts" "CuI ts vie for minds of youths, mother charges". Arcadia Tribune, Temple City Times, Monrovia News-Post, Duartean 1-27-77 1 ''Deprogrammed devotee speaks out" "Notes from Dr. Margaret Singer's Talk" "David Schomaker Walt prohaske James Bianchi" #577-00309-1251-150 1-29-77 "Dear Iskcon Members;-" (Sincerely, Joan and Adam Green) 1976 "Wha t Happens to Krishna Children?" "ReI igion is not the issue when many parents of cultists and ex-cultists talk. But pseudo-"re1igions" that use brainwashing techniques to control children's minds and exploit them for profit are too dangerous to ignore..." References; Communist Interrogation Indoctrination and Exploitation of Prisoners of War: United States Army Sargeant, William. Battle for Mind. Science Digest: Nov. 1974 "Profile of a Cult What are the Warning Signs?" The City Council members then discussed the continuance of the public hearing. Member Parry commented in part that in holding the public hearing the City Council is endeavoring to ascertain whether or not the organization is a religious one which qualifies under the Constitution. He personally was not yet ready to make a determi- nation because he would like to hear further testimony and felt it premature on his part to express a definitive opinion at this time. He would like to propound some questions to the representatives of the organization but unfortunately no one was present. He did not favor too long a delay in continuing the hearing. It was then MOVED by Member Margett that the hearing be CONTINUED TO I JULY 5; that during the interim staff obtain complete financial records, legible documents,and that persons so desiring may submit testimony which would not be hearsay and could be proven. (It was felt by the City Council that it would take this amount of time for staff to obtain the additional material and it was also noted that the City Council will be considering the annual budget during the next two months.) Motion was seconded by Member Lauber and carried on the following roll call vote: rlk III AYES: NOES; ABSENT: Members Gi1b, Lauber, Margett, Sae1id Member Parry (Due to the time element) None D:l. \ HEARING ZONE CHANGE . APPROVED Planning Commission Resolution No. 1037 recommending a zone change from PR-3 to C-2 on the south 162.4 feet of 12-54 E. Foothill Boulevard. The Planning Director submitted in part that the change would provide for consistency with the General Plan; would eliminate 4-4-78 - 4 - 1 HEARING ZONE CHANGE APPROVED P ./1 ' 1/ " L rlli~:r HEARING TEXT AMENDMENT APPROVED F ~ t,'" If/'l ....\1;- (..\" .', \ (\ ' I '. . ' , ., - ~.' . 23;9491 problems associated with properties which have two zone designations; it would also encourage development in the subject area. It was also noted that the C-2 zone requires a 20 foot rear yard setback which would reduce the negative impact of commercial which backs up to residential. Mayor Sae1id declared the heari~g open and nO one.desiring to be il!an1 the hearing was CLOSED On MOTION by Member Gilb. seconded by Member Lauber and carried unanimously. It was MOVED by Member Gi1b, seconded by Member Margett and carried unanimously that Co~nci1 approve and file the Negative Declaration and find that the project will not have a significant effect on the 'environment; that the Planning Commission recommendation as set forth in its Resolution No. 1037 be APPROVED and that the City Attorney prepare the appropriate ordinance. ' Planning Commission Resolution No. 1038 recommending a zone change from R-3 to C-O for property at 250 W. Colorado Boulevard. This would provide for consistency with the General Plan and would permit uses compatible with sqrrounding developments. Mayor Sae1id declared the hearing open and no One desiring to be h~ the hearing was CLOSED on MOTION by Member Margett, seconded by Member Gi1b and carried unanimously. It was further MOVED by Member Margett, seconded by Member Parry and carried unanimously that Council approve and file the Negative Declaration and find that the project will not have a significant effect on the environment; that the Planning Commission recommendation as set forth in its Resolution No 1038 be APPRO~D and that the City Attorney prepare the appropriate ordinance. . Planning Commission Resolution No, 1039 recommending a text amendment relating to Arcadia Municipal Code C-O, C-1, C-2 and C-M sections concerning building heights, r~r and side yard setbacks. 1 ~ Mayor Sae1id declared the hearing open and Mrs. Johanna Hofer; 875 Monte Verde Drive, suggested that this item be held over until after the Model Energy Community Conference and Exhibit is held (May 9 to 11). Spe expressed disappointment ~ha~ staff wi11cnot be attending however she had been advised by the Building Official that he will endeavor to' obtain information On the results. I . No one else deSiring to be heard the hearing was CLOSED on MOTION by Member Margett, seconded by Member Gi1b and carried unanimously. It was then MOVED by M!'!ffiber Gilb,seconded.by Membl'r Margett and carried unanimously' that Council approve and file the Negative Declaration and find that the project will not have a significant effect on the environment; that the recommendation of the Planning Commission in its 'Resolution No. 1039 be APPROvED and that the City Atto~ney prepare the appropriate ordinance. i' Mayor Sae1id commented in part that the proposed ordinance would give more flexibility and realism to the bui1di~g designers a~d would allow architects to come up with more effective buildings which certainly would not preclude the use of solar energy. It will be a more relaxed standard while /s~i11 protecting the neighboring residences. , Member.Lauber commented in parf that she would like Mrs. Hofer to know that the City Council receives extensive material from govern- mental agencies at almost every level; that she has just returned from Palm Springs 'and noticed subdivisions using solar energy and that the time will' come when the City will look into it more and more. 4-4-78 - 5 - r' ~OUTH COMMISSION 239492 On MOTION by Member Lauber, seconded by Member Parry and carried on roll call vote as follows: $175 was approved for a dinner event for the Youth Commission. There are funds budgeted to cover this item. AYES; NOES; ABSENT; Members Gi1b, Lauber, Margett, Parry, Sae1id None None AUDIENCE PARTICIPATION rt/ AGENDA ITEM CONTINUED TO APRIL 18 -/ CONSENT ITEMS HEARING MAY 2 / HEARING APRIL 18 / Mrs. Johanna Hofer, 875 Monte Verde Drive, asked that an agenda item 1 relating to the retention of a consultant be held over until the new City Council is seated and also until after June 6 to see the results of the Jarvis-Gann amendment. She also felt the proposed Resolution No. 4737 relating to Sundesert Nuclear should be held over until the next regular Council meeting; she would also like to see the City participate in the day so declared by the Governor (May 3rd) concerning this. Mrs. Hofer also felt other bids or estimates should have been obtained for the computer services (an agenda item). The item concerning the retention of a labor relations consultant was put over until the April 18 regular meeting. The following items listed as Consent items were APPROVED on MOTION by Member Gi1b, seconded by Member Lauber and carried on roll call vote following said items. Public hearings scheduled; Planning Commission Resolution No. 1042 relating to an amendment to the Arcadia Municipal Code regulating the size of wall signs and projecting signs in commercial areas. Public hearing scheduled on the Planning Commission concerning revocation of the conditional use permit facility at 30 S. First Avenue (Marquee West). recommendation for an entertainment ? 4-1 WORK ~~ \ The work completed by E. C. Construction in the construction of ACCEPTANCE Newcastle Park was ACCEPTED and final payment authorized pursuant to Newcastle the terms of the contrac t. Park j) '1'[,. I " ,; ~' ~j..Olr,r/'ft 1)1:0; Iii DEBRIS BASIN ~~'Information received concerning the proposed method by the Flood CLEANOUT Control District for the emergency c1eanout of the reservoir and debris basin. QUITClAIM DEED Peck Rd. Water Conser- vation Pk.) ,'J \ ~) ~V )''11'" '" , ,till ~. . COMPUTER SERVICES ,/ S7 }, V APPROVED the request of the Los Angeles County Flood Control District for execution of a quitclaim deed which would allow the District to use the subject area for recreational and incidental purposes in addition to flood control and spreading basin purposes. The Mayor and City Clerk were authorized to execute the quitclaim deed in form approved by the City Attorney. The word "public" to be inserted before the word "recreational". 1 APPROVED a Joint Powers Agreement with the. City of Anaheim and Municipal Data Systems effective July 1, 1978. The Mayor and City Clerk AUTHORIZED to execute the Agreement. Mayor Sae1id abstained from voting due to his business affiliation. On MOTION by Member Gi1b, seconded by Member Lauber and carried unani- mously Mayor Sae1id will direct a letter to the President of the Municipal Data System (also Mayor Pro tempore of Manhattan Beach) expressing appreciation for his services rendered on behalf of the City. 4-4-78 - 6 - ~s.. ~ '. 0Vc;.' D AUCTION SERVICE BUS DRIVERS PRACTICE (PARKING LOT) P ;bi rl-(~. NOTE: 1 :COST ESTIMATES California dos ing & new p1ayfie1d ,1" I :5C{ I{ I' . ORDINANCE/ NO. 1616 ADOPTED 1 ORDINANCE I NO. 1624 ADOPTED ORDINANCE I NO. 1625 . INTRODUCED 23;9493 APPROVED the retention of Municipal Auction Service for the cpnduct of an upcoming auction at a straight 5 percent of the proceeds. APPROVED the request of the bus drivers of the Arcadia Unified School District for permission to use the north parking lot at City Hall for set-up rodeo events in practice for their annual School Bus Rodeo to be held May 6 at the Pomona Fair Grounds. AYES: NOES; ABSTAIN: Members Gi1b, Lauber, Margett, Parry, Saelid None Mayor Saelid on the item relating to the Computer Services - due to his business affiliation. NOne ABSENT; Council received a preliminary cost estimate for the closure of California Street and the construction of a playfield at the First Avenue Junior High School. Total estimate is $430,000 based on present day prices for facilities and improvements which have been recommended by the Recreation Director. The possibility of making application for Federal Funds for the project was explored. These funds are administered in California by the State Parks and Recreation Department. It was the consensus of Council that this be pursued and it was MOVED by Member Gi1b, seconded by Member Parry and carried on roll call vote as follows that staff be instructed to make an application, after the obligations are fulfilled and with the consent of the School District and the Recreation Commission. AYES; NOES: ABSENT; Members Gilb, Lauber, Margett, Parry, Sae1id None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1616, entitled; "AN ORDINANCE OF THE CITY OF ARCADIA REPEALING CHAPTER 1 "SUBDIVISION REGULATIONS" OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 1 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE ENTITLED "SUBDIVISION CODE." It was MOVED by Member Gi1b, seconded by Member Parry and carried On roll call vote as follows that the further reading of the full text be waived and that the same be ADOPTED. AYES; NOES; ABSENT: Members Gi1b, Lauber, Margett, Parry, Sae1id None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1624, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF ARCADIA AMENDING SECTION 9231.1 and 9231.2 OF THE ARCADIA MUNICIPAL CODE AND DIVISION TITLES THEREIN TO REFLECT MINIMUM LOT SIZES FOR THE R-O and R-1 ZONES." It was MOVED by Member Parry, seconded by Member Margett and carried on roll call vote as follows that the further reading of the full text be waived and that the same be ADOPTED. AYES; NOES; ABSENT; Members Gi1b, Lauber, Margett, Parry, Sae1id None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1625 entitled; "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTION 1233.3 OF THE ZONING ORDINANCE TO RECLASSIFY THE ANOAKIA AREA FROM R-O 30,000 to R-O 30,000 & D." 4-4-78 - 7 - /~SOLUTION NO. 4734 ADOPTED ~SOLUTION NO. 4736 ADOPTED , /RESOLUTION V~O. 4737 ADOPTED I,' , leLA 1M V'DENIED (FOYE) LAUBER 23;9494 It was MOVED by Member Hargett, seconded by Member Lauber and carried on roll call vote as follows that the further reading of the'" full text be waived and that the same be INTRODUCED. AYES; NOES: ABSENT: Members Gi1b, Lauber, Hargett, Parry, Sae1id None None The City Attorney presented, explained the content and read the title of Resolution No. 4734, entitled: '~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DENYING M-78-1 UPON APPEAL FROM THE PLANNING COMMISSION AND MODIFICATION COMMITTEE." 1 It was MOVED by Member Parry, seconded by Member Hargett and carried unanimously that the reading of the full text of Resolution No. 4734 be waived. It was further MOVED by Member Parry, seconded by Member Hargett and carried on roll call vote as follows that Resolution No. 4734 be ADOPTED. AYES: NOES: ABSENT; Members Hargett, Parry, Sae1id Members Gilb, Lauber None The City Attorney presented, explained the content and read the title of Resolution No. 4736, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA COMMENDING THE LOS ANGELES COUNTY MEDICAL ASSOC IATION' S CONCERN FOR STUDENT IMMUNICATION." It was MOVED by Member Lauber, seconded by Member Parry and carried On roll call vote as follows that the further reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Members Gi1b, Lauber, Hargett, Parry, Saelid None None The City Attorney presented, explained the content and read the title of Resolution No. 4737, entitled: '~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA IN SUPPORT OF SB 1015 (RUSSELL) AUTHORIZING THE CONSTRUCTION OF THE SUNDESERT NUCLEAR PROJECT." It was MOVED by Member Gi1b, seconded by Member Sae1id and carried on roll call vote as follows that the further reading of the full text be waived and that the same be ADOPTED. AYES: NOES: ABSENT: Members Gilb, Lauber, Hargett, Parry, Sae1id None None 1 On recommendation of the City Attorney it was MOVED by Member Gi1b, seconded by Member Lauber and carried on roll call vote as follows that the claim of Betty (aka Elizabeth) R. Foye be DENIED. AYES: NOES; ABSENT: Members Gilb, Lauber, Hargett, Parry, Sae1id None None Urged the City Council to proceed with a joint powers agreement for animal control and offered her assistance if needed. It was noted that a meeting of some of the cities in the San Gabriel Valley will be held on AprilS, 1978 on this subject. 4-4-78 - 8 - 1 1 SAEL ID EXECUTIVE SESSION 23; 9495 Reported on his recent visit to Arizona where he reviewed two auditoriums; that they were very interesting and were constructed at a lessor cost than what has been envisioned.... less than One million dollars in 1971 for instance. Council entered an executive session at 10:50 p.m., reconvened at 11 p.m. and adjourned immediately thereafter to April 18 at 7 p.m. in the COnference Room. Mayor ATTEST: eii;~ ~ ~~\ City Clerk ~ ~ 4-4-78 " 9. -