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HomeMy WebLinkAboutNOVEMBER 21,1978_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN TIlE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING (roof material Zone R-M) JANUARY 30, 1979 I HEARING ZONE VARIANCE APPEALED I ~ I \ I . ,; J t.'.,/:' ~l f\ I 23: 9671 MINUTES CITY COUNCIL OF TIlE CITY OF ARCADIA REGULAR MEETING NOVEMBER 21, 1978 The City Council of the City of Arcadia, California, met in regular session on Tuesday, November 21, 1978 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Paul Johenk, Arcadia Methodist Hospital Fire Chief Gerald Gardner PRE SENT : ABSENT : Councilmen Margett, Pellegrino, Sae1id, Parry Councilman Gilb On MOTION by Councilman Margett, seconded by Councilman Pellegrino and carried unanimously Councilman Gi1b was excused. On MOTION by Councilman Sae1id, seconded by Councilman Margett and carried unanimously the minutes of the regular meeting of November 7, 1978 be APPROVED. At the City Council meeting of September 19 staff was directed to eliminate the existing developed residential areas from the proposed ordinance regulating roof materials and CONTINUED discussion on the R-M zoned hillside area to this date. Staff advised that members had visited the Mandeville Canyon and Agoura-Malibu areas where fires had recently burned 31,000 acres and destroyed 186 homes. Photographs were taken and staff feels that revisions to the proposed ordinance should be considered by Council before making a final determination. Mayor Parry declared the hearing open and no one desiring to be heard it was MOVED by Councilman Sae1id, seconded by Councilman Margett and carried unanimously that this hearing be CONTINUED TO JANUARY 30, 1979. Planning Commission recommendation for approval of a zone variance which included as a condition of the approval that a covenant be executed insuring that the rear dwelling at 1033 E1 Sur Avenue shall be removed in five years or in the event of a sale of the property whichever first occurs. This condition has been appealed by the applicants. They are requesting that this time period be for 15 years. It was noted that at the present time the dwelling on the rear is being used as a rental. Mayor Parry declared the hearing open and the applicant, Byron T. Barnes, Jr., stated in part that he would comply with the health and safety requirements and requested an additional ten years to rent the guest house and a revision to the requirement to demolish the building within five years. He continued in part that financial arrangements enter the picture and that rental income is necessary in order for him to finance the remodeling. That a requirement to demolish the building in five years would place a severe financial hardship on them. He continued in part that he would not like to see the zoning of single family changed; that he eventually wants to install a pool and convert the guest house into a pool house. He asked Council to grant his request. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Margett, seconded by Councilman Sae1id and carried unanimously. 11-21-78 - 1 - HEARING STREET VACATION (INDIANA) " l y',' ('i' V I RESOLUTION NO. 4793 ADOPTED I': . AGENDA ITEM CONTINUED DECEMBER 5 LIGHTING BONITA PARK APPROVED ( I 23:9672 Considerable discussion ensued and it was the consensus of Council that it would be willing to a compromise of ten years rather than the requested 15 years for the length of the covenant for the removal of the rear dwelling which is now being used as a rental providing all code requirements were followed. It was MOVED to Councilman Sae1id, seconded by Councilman Pellegrino and carried on roll call' vote as follows that the Appeal be granted subject to all conditions specified by the Planning Commission in its Resolution No. 1072 except that Section 3 - indicate a period of ten years instead of five for the removal of the rear dwelling. AYES: NOES: ABSENT : Councilmen Margett, Pellegrino, Sae1id, Parry None Councilman Gilb I Time and place scheduled for hearing any and all persons interested or having objections to the proposed vacation of a portion of Indiana Street at Wheeler Avenue. Notices of this hearing have been posted and published as required. Mayor Parry declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Sae1id, seconded by Councilman Parry and carried unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 4793, entitled: "A RESOLUTION OF THE CITY CQUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF INDIANA STREET AT WHEELER AVENUE SUBJECT TO THE RESERVATION OF CERTAIN RIGHTS-OF-WAY AND EASEMENTS, APPROVING THE NEGATIVE DECLARATION AND FINDING THAT SUCH VACATION AND ABANDONMENT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT." It was MOVED by Councilman Sae1id, seconded by Councilman 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: Councilmen Margett, Pellegrino, Sae1id, Parry None Councilman Gilb On recommendation of the City Manager the item relating to parking lot improvements at the Eisenhower Park was carried over until the next regular meeting. The Recreation and Parks Commission recommended improving the inadequate lighting system at Bonita Park as soon as possible (report dated November 21). Councilman Sae1id, Council Liaison to the Commission, stated in part that it is critical that the Parks be maintained in as safe condition as possible and agreed that the subject park needed improved lighting. It was MOVED by Councilman Sae1id, seconded by Councilman Margett and carried on roll call vote as follows that staff be AUTHORIZED to prepare plans and specifications, receive written proposals and submit recommendations to Council. I AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Sae1id, Parry None Councilman Gilb AUDIENCE PARTICIPATION .~ ,1 , ~ ': ;.1' " ' TAX REFORM COMMITTEE PETITIONS PRESENTED FOLLOWING IS A SUMMARY OF REMARKS MADE ON THIS MATTER. A TRANSCRIPTION IS ON FILE IN THE OFFICE OF THE CITY CLERIC As Chairman of the Arcadia Tax Reform Committee, Jeff Dring, 311 Ellen Way, presented petitions with 8,187 signatures and stated in part that he was addressing specifically Ordinance No. 1640 (Sewer Service Charge), 11-21-78 - 2 - "-',..:.,.,,'- .. 23:9673 No. 1642 (Street Sweeping Charge) and No. 1645 (increasing the Utility Users Tax from 5% to 7%)and noted the estimated revenue to be generated by these three ordinances. He read from the Minutes of the Adjourned Regular City Council meetings of June 27 and 30, 1978 relating to the budget which he said did not accurately reflect the budget as finally adopted. I Mr. Dring asked the City Council to rescind the subject ordinances and if the signatures are not sufficient for this action asked that he be advised as to how many would be necessary to convince the Council and the Committee would go out and obtain more. He said the Council is free to say they do not like Proposition 13 but it is not free to ignore the citizen's request to rescind the ordinances; that if it does not then stronger action may be necessary. He asked that action be taken at this meeting. Arnold Beck, 1700 Highland Oaks, was advised that his complaint concerning school buses should be addressed to the Arcadia School Board as the City has no jurisdiction over its operations. Roy Gilbert, 210 W. Camino Real, said in part that as a result of the reduction in his property tax he would gladly pay the street sweeping, sewer and utility tax as he considers it a privilege to live in the City with the services it provides its residents. George Battany,-1747 Alta Oaks, said in part that the citizens did not have an opportunity to vote on the three ordinances and felt it should have been brought to a vote of the people; that Council has been taking action without regard for the will of the people. Wilber Johnson, 1100 Drake Road, read from a report from the County Auditor-Controller indicating the total amount of tax dollars various cities, including Arcadia, would receive from the County and the amount of taxes collected. He said in part that something has to be done about taxes starting in Washington D.C., every County and every City.- He then referred to City workers at specific locations whom he felt were loafing on the job. Staff will investigate this. He was supplied with the proper departments in this regard. Sherry Passmore, 1109 Columbia Road, explored in statistics what could be done for the needy with the extra dollars the residents are being charged as a result of the adoption of the subject three ordinances. She felt that to raise more money than is needed for a fiscal year is in direct conflict with what adopting a budget is all about. She felt the City should be run with adequate reserves but not to create reserve funds just in case it is needed later. She said there are those who would like to give their money where it could do some real good for the Country and City. She asked the City Council to give this observation serious consideration. I Kevin Barry, 1639 Oakhaven, stated in part that the interpretation the people had when Proposition 13 was passed was that there was now a way to put a limit on government spending. He felt that instead of levying the subject taxes the Council could have gone to the electorate to find out how the people felt about the extra charges.... that now Council has tangible evidence in the form of the petitions which indicate the will of the people. He said that the eight thousand signatures should be sufficient and if they are not he would like the City Council to give them a target to meet and they will go out and obtain additional signatures. He asked what else could they do to get the Council to do what they were elected to do - to serve the wishes of the people. Herb Fletcher, 175 W. Lemon Avenue, submitted in part that he had previously suggested that information be gotten out to the public exactly what had been cut from the budget, where the revenues were coming from - just general fiscal data so the general public would know more about the budget. He suggested doing this through the City Newsletter and the local newspaper. 11-21-78 - 3 - 23:9674 Michael Genito, 153 W. Floral Avenue, explained his involvement in circulating the petitions and some of his experiences while in this endeavor. He said people should be interested in government and vice versa... that all levels of residents are concerned about taxes. He noted the reports of waste in all levels of government and 'felt something had to be done to eliminate this waste of time and effort on the part of government workers and made suggestions how some of this could be accomplished. Councilman Sae1id spoke at length concerning what in his opinion was an opportunity overlooked on the part of the organization in not presenting an accurate financial picture of the City situation; that if this had been done and the people responded in the same manner then Council would have a good indication of what the people thought as to the way the City was being run. That instead of this the organization had done a great deal to destroy the confidence the I people might otherwise have had in their local government. He continued in part that local government is already experiencing an erosion of control because every year it has less and less control over its own destiny. He noted that at one time he had opposed Fashion Park because he wanted to enjoy Arcadia as a residential community, but that now the City would be in real trouble without the sales tax it generates. To say the City is spending more than last year is erroneous. He expressed concern because those who circulated the petition did so in good faith.. they are intelligent and could have had answers to those things but they didn't take the time to do that. Ernest Fox, 731 Fairview Avenue said in part that the figures were taken from City records and they have the figures to substantiate ti'eir statement that the City is spending more money than last year and through new taxing ordinances is creating larger surpluses. However, since that time he said the budget has been changed. Mr. Fox continued in part that from his experience in speaking with the people during the signature collecting process he would say that 99% are for rescinding the ordinances. He asked what it would take to get the City Council to do this. Councilman Pellegrino said in part that the 8000 signatures are sufficient to warrant the attention of the Council, but Council has to consider the City as a whole and as of now Council probably won't know how much money is coming from the State until probably Spring. Nicolas Tomchuck, 431 Naomi Avenue, said he did not feel the City Council was listening to the people... that with the adoption of Proposition 13 on a 3 to 1 vote... the people want a limit on spending... that they want lower taxation. Carl Wilson, 275 W. Palm Drive, agreed that in his opinion City Councils do not listen; that once a businessman is elected to Council something happens to him... he does a complete 180 degree turn in his thinking. He reminded the Council that the money they are spending comes from the residents' pockets. He felt with the increased utility users tax it wasn't right for Council to look for I other ways to collect additional taxes. He felt it also wasn't right to increase employee benefits after the passing of Proposition 13.. this is not listening to the public. Following a brief recess in response to an inquiry by Councilman Sae1id the City Attorney explored what it would take for additional revenue measures to pass if these' were put to a vote of the people. Some discussion held on the divergent interpretations on this. George Battany, 1747 A1ta Oaks, felt matters of this type should be placed before the electorate; that it is one of the reasons that he has lost faith in government on all levels. He urged the City Council to listen to the wishes of the over eight thousand people who signed the petitions. Kevin Barry addressed Council once more stating in part that government 11-21-78 - 4 - I I HEARING SCHEDULED DECEMBER 19 ~' . . 23:9675 is different from private enterprise in that all it has to do to create a surplus is to legislate new taxes; that unnecessary surpluses are created with no definitive objectives to which the funds will be directed. He said they are not trying to be an adversary.. they are frustrated because what they are trying to express is not being recognized. Jeff Dring referred to a statement made by Gordon Maddock at a prior meeting at which he volunteered persons to assist the City Council in budget matters, but this was not taken up. He submitted that in no way were they endeavoring to make false statements - they used the figures which they had at the time - that since then the budget has been changed. He continued in part that they are making a plea to the City Council to rescind the ordinances. Reference was made to telephone conversations he had had with members of the City Council. In conclusion he said further in part that they would like to know what Council is going to do. Councilman Margett stated in part that he might have been a member of the tax reform committee had he not had the advantage of assembled information and hours of evaluating the conclusion the Council has reached. He felt that the ordinances in question were necessary, perhaps not so much for 1978-79 but certainly for the ensuing years.. that even with the reduced property taxes property owners still expect the city services as in the past.... he noted that a legal interpre- tation on'the question of what percentage it would take to pass a measure is still being adjudicated in the courts... that it is not fiscally prudent to depend on the State to "bail us out". He concluded in part by saying he is personally committed to help maintain a quality community and preserving property values along with a high level of services to the residents. Councilman Pellegrino stated in part. that he compliments the Tax Reform Committee on the effort they have demonstrated in obtaining the signatures.. he realized it was a lot of work and suggested that those energies take another direction, for instance public office....that the petitions prove that Council has to listen to the voice of the people. Mayor Parry commented in part that Council is made up of five individuals making decisions as a collective body; that the majority voted to enact the subject three ordinances; that each makes his own decision. His decision was based on his feeling that the majority of the people felt the ordinances should not be adopted, however he understood why the others voted the way they did... that there is no question the City is going to need additional monies... that he does not criticise the others for their decisions... that he feels the majority of the people want lower taxation... but at the same time the Council has an obligation to maintain as much as possible qualifY services in the community.. that these services have not been lost' " at this point.. that there may be further cuts which could be made in the budget... that no one on Council is trying to circumvent the intent of the people... he personally believes the organization represents the majority of the citizens. CONSENT ITEMS SCHEDULED Public Hearing for December 19 on Planning Commission Resolution No. 1073 recommending .amendments of the fence height regulations, multiple dwelling definition and R-2 Two Family Zone regulations. PARCEL MAP APPROVED and filed the Negative Declaration and found that the project 11511 will not have a significant effect on the environment; that the sub- (Tentative) division together with the provisions for its design and improvement 1025 Fairview ./is consistent with the General Plan; that the discharge of waste from r .:' D' V the subdivision will not violate existing requirements prescribed by J -- /" f the California Regional Water Quality Control Board; tha~ the ," J'''' . ../.'"J\:. 11-21-78 , ~ IV - 5 - I~ //b) 'VI~ MULTI- PURPOSE PlAYFIELD WORK ACCEPTED .- \ : DANCE PERMIT i)" CHRISTMAS . I TREE STORAGE I . \' EQUIPMENT' PURCHAsE' , PUBLIC WORKS \ ; EQUIPMENT PURCHASE (Fire Dept.) /..>t ~BLIC WORKS & WATER OFFICES CONSOLIDATION APPROVED ORDINANCE NO. 1660 , ADOPTED I 23:9676 modifications previously granted are appropriate for the condominium and that all nonconformities with the 'development standards are minor and will not prevent compliance with ,the intent and purpose of the development standards; and that the Parcel Hap be thus approved. ACCEPTED work performed by E. C. Construction Company in'the construction of the multi-purpose p1ayfield'Job No. 468 'and AUTHORIZED final payment pursuant to the terms of the contract. APPROVED request of the Drinkers Hall of Fame, 151 E. Huntington Drive, for a dance permit. APPROVED and WAIVED license fee for the non-profit organization of the Boys Christian League, 720 W. Huntington Drive, Boys Christian League, 220 E. Live Oak Avenue, Hardings Garden1and, 145 E. Live Oak Avenue and the Arcadia High School Key Club on the Campus Parking Lot for the sale and tent storage of Christmas trees. I All of the above items APPROVED on MOTION by Councilman Hargett, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Hargett, Pellegrino, Sae1id, Parry None Councilman Gilb On MOTION by Councilman Hargett, seconded by Councilman Pellegrino and carried on roll call vote as follows the purchase of one 125 portable air compressor for street maintenance purposes was APPROVED. (Equipment Replacement Fund.) AYES: NOES: ABSENT: Councilmen Hargett, Pellegrino, Saelid, Parry None Councilman Gilb On MOTION by Councilman Hargett, seconded by Councilman Pellegrino and carried on roll call vote as follows the purchase of one portable EKG Telemetry Radio Unit was APPROVED and the low bid of Epic Systems, Inc., was accepted at a cost of $4800; that all other bids be rejected; also that an additional battery pack be purchased at a cost of $325 which will provide extended field service capabilities. (Capital Improvement Budget) AYES: NOES: ABSENT: Councilmen Hargett, Pellegrino, Saelid, Parry None Councilman Gilb On recommendation of staff it was MOVED by Councilman Sae1id, seconded by Councilman Pellegrino and carried on roll call vote as follows that the Public Works wing in City Hall be remodeled in order to accommodate the Water Division and that $8500 be transferred from the Public Works budget to the General City Budget to pay the cost of the improvements. (Report dated November 21 sets forth the work to be performed by City forces.) I AYES: NOES: ABSENT: Councilmen Hargett, Pellegrino, Saelid, Parry None Councilman Gilb The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1660 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9115.9(c) OF THE ARCADIA , MUNICIPAL CODE TO PROVIDE THAT FEES FOR TENATIVE MAP APPEALS BE SET BY CITY COUNCIL RESOLUTION. II' 11-21-78 - 6 - MID-MANAGEMENT TRAINING APPROVED !l12..: , 1),'''-' "I APPOINTMENT...... V /' ARA / EXECUTIVE SESSION V" ADJOURNMENT . TO DATE v' CERTAIN I 23:9677 It was MOVED by Councilman Margett, seconded by Councilman Pellegrino 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: Co~nci1men Margett, Pellegrino, Saelid, Parry None Councilman Gilb On reconnnendation of staff it was MOVED by Councilman Pellegrino, seconded by Councilman Margett and carried on roll call vote as follows that the City Manager be and he is hereby AUTHORIZED to prepare and enter into a Joint-City Application with the City of Monrovia for funding the proposed Mid-Management Training Program as outlined by staff and that he also be authorized to submit the Application for funding through the Discretionary Grant Program of the Inter-governmental Personnel Act. It was noted that there will be no cost to the City." AYES: NOES: ABSENT: Councilmen Margett, Pellegrino, Sae1id, Parry None Councilman Gilb Be it noted that in the adjourned regular meeting this date Mrs. Eileen Hubbard was appointed to a four year term on the Arcadia Beautiful Commission. Some discussion held on the possibility of obtaining better lighting on Virginia Avenue adjacant to the Highland Oaks School. Staff will. check this out. , The Arcadia Redevelopment Agency convened at 11:30 p.m. and scheduled an adjourned regular meeting for November 29 at 5:30 p.m. in the conference room. At 11:35 p.m. Council entered an executive session to discuss personnel matters. At 11:55 p.m. the Council reconvened and adjourned immediately thereafter to November 29 at 5:30 p.m. in the Conference Room. ~f}~ ATTEST: ~7L~ 11-21-78 - 7 -