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HomeMy WebLinkAboutAUGUST 5,1975_2 21 :8844 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN TaB OFFICE OF THE CITY CLERK This 'is the time scheduled for hearing any objections to charges for weed abatement on various properties at addresses indicated in the report. Mayor Gilb declared the hearing open and no one desiring to be. heard the hearing was CLOSED on MOTION by Councilwoman Lauber, {y 1\ . p- I,w~noo PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION (Catherine Mundy) N.sP 1 HEARING (WEED ABATEMENT CHARGES) CONFIRMED YI MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 5, 1975 The City Council of the City of Arcadia, met in regular session on Tuesday, August 5, 1975 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Joseph Henry, Visitation Minister, Santa Anita Church Elizabeth Bacon, Arcadia Tribune PRESENT.: ABSENT: ' Council Members Lauber, Scott, Gilb Council Members Saelid, Helms On MOTION by Councilman Scott, seconded by Councilwoman Lauber and carried unanimously Councilmen Helms and Saelid were excused. On behalf of Council Mayor Gilb presented to Mrs. Catherine Mundy a Resolution of Appreciation. On MOTION by Councilman Scott, seconded by Councilwoman Lauber and carried unanimously the resolution is recorded herein in its entirety: "WHEREAS, Mrs. Catherine Mundy has announced her retirement after more than thirty years as Society Editor for the Arcadia Tribune; and WHEREAS, Mrs. Mundy has endeared herself to the people of Arcadia by her willingness to announce special events in advance, cover,the events and prepare news reports upon them, including frequent photographs; and WHEREAS, Catherine, as she is known to all of us, has in this process acquired a deep understanding of the social life of the community and has become acquainted with a sub- stantial number of its citizens; and WHEREAS, she is retiring only because it is necessary for her health while her interest continues undiminished; and WHEREAS, Catherine Mundy's work as Social Editor has been repeatedly recognized in statewide competition as the outstanding social news section of any newspaper in this State: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, representing all of its citizens, expresses its great appreciation for many years of outstanding effort and unusual coverage of the social life of a community with many social ~~tivities, and further recognizes Catherine as an under- standing, accurate and hardworking member of the Fourth Estate and does wish Catherine Mundy happiness, good health and continued success with her column which will be continued in the years to come.l1 A Certificate of Commendation was also presented to Mrs. Mundy by Mayor Gilb. This is the inaugural presentation of this certificate and Mrs. Mundy is its first recipient. 8-5-75 - 1 - HEARING (ADVERTISING SIGNS) APPROVED p: Sl~/'JS 21:8845 seconded by Councilman Scott and carried unanimously. Councilman Scott MOVED that the report as received and considered be CONFIRMED and that the County Auditor be instructed to enter the amounts of the respective assessments against the parcels of land as they appear on the current assessment roll. Motion seconded by Councilwoman Lauber and carried on the following roll call vote: AygS: NOES: ABSENT: Council.Members Lauber, Scott, Gilb None Council Members Saelid, Helms Planning Commission Resolution No. 901 recommending approval of a text amendment to permit advertising sign boards in Zone M-l or a less restrictive zone on a conditional use permit basis and setting forth regulations governing such sign boards. The Planning Director explained that the amendment would make the sign regulations con- sistent with more recent code sections. 1 Mayor Gilb declared the hearing open and Jay Kingry, representing the Pacific Outdoor Advertising Company, residing at 465 W. Wistaria Avenue, Arcadia, explained in chronological order the notices his company has received from the City advising that the six year'non- conforming period has elapsed (as of April 4, 1975) and the signs would have to be removed. His company has two such signs. He felt his company should have been consulted when the text amendment was being considered; that under this regulation there is no way his company could display their signs which are 300 sq. ft., and are in a C-2 zone. He asked that they be permitted to remain in a C-2 zone with a conditional use permit. He concluded by stating in part that it is unconstitutional to take private property without just compen- sation; that this has been upheld in many courts and they aren't going to remove the signs unless a court so orders. John Glynn, representing the Foster & Kleiser Outdoor Advertising Company, asked Council to consider including a provision whereby the existing billboard signs could remain in a C-2 zone under the conditional use permit basis. In response to questions he stated in part that the signs are valuable to the sign companies as part of an integral marketing program which means more to the companies than the revenue .... more of a prestige factor. Herb Fletcher, 175 W. Lemon Avenue, asked about the status of real estate signs on private property. The City Attorney advised that the Code permits real estate signs, directional signs, political signs and the like. However, these are not the signs which are before Council at this time. It was noted by the City Attorney that the signs referred to by the representatives of the outdoor advertising companies are in a C-2 zone and are not permitted even on a conditional use permit basis; that. outdoor advertising on other than M-l property has not been allowed since 1965 and since 1969 they have been considered nonconforming and 1 were given a 6 year period to correct. The signs were permitted to remain to amortize the value of the sign over that period. The text amendment would allow advertising sign boards in an M-l or M-2 zone on a conditional use permit basis. The regulations are the same as are applicable to every other commercial establishment in the City. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Scott, seconded by Councilwoman Lauber and carried unani- mously. Councilman Scott stated in part that for a number of years the City Council has been concerned about signs and determined some time ago tha~ there should be some changes in signs and many businessmen went to great expense to make changes in their signs; that he could not vote any other way than to insist that every sign in the community comply.... tha~ there isn't any way the subject two companies should be permitted 8- 5- 7 5 - 2 - 1 HEARING ~ SCHEDULED NONCONFORMING USE CONTINUED 154 E. Huntington y.qlD RECESS RECONVENE PROCEDURAL ORDINANCE WAIVED LOAN TO ARA APPROVED 1 ~~ I~l 21:8846 to retain the large billboard signs when the local businesses have had to change theirs. Councilwoman Lauber concurred and recalled the many changes which have been made during the last few years. It has long been the recommendation of the Planning Commission and the Arcadia Beautiful Commission to phase out the billboards; that to take a negative approach at this time would be going in direct conflict with the thinking that has been established and which staff has been directed through the past five years at least. She also referred to costs to which the local businessmen have gone in order to make adjustments to their signs and it does not seem fair to restrict the local businesses and not others. It was MOVED by Councilman Scott, seconded-by Councilwoman Lauber and carried on roll call vote as follows that the recommendation of the Planning Commission be APPROVED; that the City Attorney be instructed to prepare the appropriate ordinance and that Council determines that the proposed change would not have a substantial adverse impact on the environment. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms A public hearing was scheduled for OCTOBER 7 on Planning Commission recommendation relating to the General Plan designation on property at 510 through 516 N. Santa Anita Avenue, 6 E. Newman Avenue and properties bounded by Santa Anita Avenue, the Foothill Freeway and Newman Avenue. Pursuant to Code Section 9248, Kermit Hartzler owner of 154 E. Huntington drive, filed a Declaration for a continuance of the nonconforming use (used car lot) at said location. During the three months period Mr. Hartzler will endeavor to obtain a suitable tenant. It was MOVED by Councilwoman Lauber, seconded by Councilman Scott and carried unani- mously that the Declaration and the three months continuation of the nonconforming use be APPROVED. Council recessed in order to act as the Arcadia Redevelopment Agency. Council reconvened. In order to consider the following item which was not on the Agenda it was MOVED by Councilman Scott, seconded by Councilwoman Lauber and carried unanimously that the provisions of the Procedural Ordinance be WAIVED, It was MOVED by Councilwoman Lauber, seconded by Councilman Scott and carried on roll call vote as follows that the City Council loan $5,490 to the Arcadia Redevelopment Agency for costs in connection with the Participation Agreement with Trilco, Inc. (See ARA report dated July 11, 1975). AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms Funds appropriated from Account No. 03-480.302 (Trilco Inc. Participation Agreement No.2). AUDIENCE PARTICIPATION / Wayne Journigan, 440 W. Foothill Boulevard, asked Council to consider rezoning the area in which he lives and owns other property to 10,000 sq. ft. minimum. He noted one proposed subdivision in the area which would be 7500 sq. ft. with only a 50 ft. street. He-also referred to the grading which has been permitted in some instances and felt grading 8-5-75 - 3 - ADVERTISE FOR BIDS (Tennis Court) Baldwin Reservoir F 160 I/" COUNCIL CHAMBER PROJECT (Seating) j (3d4 TRANSFER OF FUNDS (Arcadia Industrial Park) APPROVED ./ }011t 1/' ' FINANCIAL STAT:!T ORDINANCE NO. 1538 AD07D 21 :8847 should be part of the plans submitted by the subdivider for consideration. He was advised to take this up with the Planning Department and Commission. Mr. Journigan then read a letter from Mrs. Agnes Simpson, 450 W. Foothill Boulevard, asking Council to support development of an overall land-use package which would incorporate all non-divided land east of Baldwin and Foothill and that they be no smaller than those which have been previously allowed in similar type Foothill properties west of Baldwin Avenue. She stated further in part that any other consideration would adversely affect those properties which have been carefully maintained and still provide the City with the reputation of a City of fine homes. The Director of Public Works submitted drawings and explained the 1 proposed layout of the parking lot, tennis court and reservoir security fencing of the project proposed to be constructed on the Baldwin Reservoir. He indicated provisions for ingress and egress to the site. Following public testimony on June 18, 1974 Council determined that the project would not have an adverse effect on the environment and con- sequently the environmental impact report was approved. It was MOVED by Counc ilman Scott ,. seconded by Councilwoman Lauber and carried on roll call vote as follows that the plans and specifications be APPROVED and the City Clerk be and she is hereby AUTHORIZED to advertise for bids. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gi1b None Councilmen Sae1id, Helms Council received staff recommendation that the design development plans for the Council Chamber project include seating capacity for 165 which would provide 77 more seats than the present Chamber. The new Chamber is to be located at the north end of the City Hall which would allow for easy access to the large parking lot at that location. Council concurred in the seating capacity. It was noted that the Chamber could be used by many organizations. Mayor Gi1b noted a new Council Chamber which is being constructed by Newport Beach and suggested that staff look into the design and cost. Some discussion held on air conditioning both for the new and the old portions of City Hall. Council agreed to review the plans before they get too far along in an effort to determine if there would be some economies possible. On recommendation of the City Manager it was MOVED by Councilwoman Lauber, seconded by Councilman Scott and carried on roll call vote as follows that $13,000 be transferred from the Cash Basis Fund to the Assessment District No. 72-1 Redemption Fund. Pursuant to Section 1213 of the City Charter this amount will be returned to the Cash Basis Fund at the close of the current fiscal year. (See report dated July 31). AYES: NOES: ABSENT: 1 Council Members Lauber, Scott, Gi1b None Sae1id, Helms Council received the financial statement for the month of June. In response to questions by Councilman Scott the Finance Director explained some of the increases in revenue from primarily the utility tax. He also advised that there are now over 600 senior citizens who have been granted an exemption from this tax. Also the revenue from such recreation events as athletic, dance, swimming pool fees... Report received and FILED. The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1538, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE 8-5-75 - 4 - ( ORDINANCE NO. 1539 1 mT'OOOC'i RESOLUTION NO. 4511 ADOPTED -- F: II gc )- CLAIM DENIED (Bob's Landscaping) f: i Ob9-t/ Ill",. ,eN"~,,;' (Cardamon) " 21:8848 , TO RECLASSIFY PROPERTY BOUNDED BY-HUNTINGTON DRIVE, SANTA ANITA'AVENUE AND THE A.T.& S.F. RAILWAY FROM C-C D & H TO C-2 & H." '. " It was MOVED by Councilman Gilb, seconded by Councilman Scott and carried on roll call vote as follows that the reading of the full text be waived and that' same be ADOPTED. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms The City Attorney presented for the first time, explained the content and read the tit le of Ordinance No. 1539, ent it led: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING ORDINANCE NO. 1380, AS AMENDED BY ORDINANCE NO. 1518, AUTHORIZING AN INCREASE IN COMMUNITY ANTENNA TELEVISION RATES." It was MOVED by Councilman Scott, seconded by Councilwoman Lauber and carried on roll call vote as follows that the reading of the full text be waived and that same be INTRODUCED. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms The City Attorney presented, explained the content and read the title of Resolution No. 4511, entit led: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA FORMALLY ADOPTING THE RECREATION ELEMENT OF THE GENERAL PLAN." It was MOVED by Councilman Scott, seconded by Councilwoman Lauber and carried on roll call vote as follows that the reading of the full text be waived and that same be ADOPTED. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms The City Attorney explained his recommendation for denial of the claim filed by Bob's Landscaping Company for alleged extras in the amount of $2,334.80 in connection with Job No. 422 Landscaping of Baldwin Avenue. He has discussed the matter with the Director of Public Works and has reviewed the contract. It was MOVED by Councilman Scott, seconded by Councilwoman Lauber and carried on roll call vote as follows that the recommendation of the City Attorney be accepted and that the subject claim be and it is hereby denied. AYES: NOES: ABSENT: Council None Counc il Members Lauber, Scott, Gilb Members Saelid, Helms The City Attorney explained his recommendation for denial of a claim filed by Gertrude Cardamon in connection with an injury sustained from being struck by a low hanging tree branch in front of Motel 6 on f' Colorado Boulevard on Sunday September 22, 1974. It was noted in the . report dated July 28 that the claims adjuster had made an investigation 11 {( l\\~I-and due to inadequate evidence of negligence recommended the denial with "t~~ which the City Attorney concurs', It was MOVED by Councilwoman Lauber, . ~ seconded by Councilman Scott and carried on roll call vote as follows )~,,~~\,' that the claim be and it is hereby DENIED. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms 8-5-75 - 5 - CLAIM APPROVED (Glassey) ... ,':: !,.~J 115 v t' PROCEDURAL ./' ORDINANCE ./' WAIVED JUVENILE PROJECT p:?~ (/,_ J . VV.M'IL-f . 51! v' f N .:/ t r;."( ';r;c" - , t"" .' APPOINTMENT V' ~ .".. CITY MANAGER LAUBER SCOTT GILB 21 :8849 The City Attorney explained the basis on which a recommendation for approval of a claim filed by Mrs. Warren F. Glassey is made. Council received supporting estimates and a report relating to property damage resulting from an' automobile accident which occurred on July 15. Circumstances of the accident were agreed upon by both parties (Mrs. Glassey and the City) and it was recommended that the low estimate in the amount of $205.14 be approved to cover the cost of the automobile repair. It was MOVED by Councilwoman Lauber, seconded by Mayor Gilb and carried on rpll call vote as follows that the claim be approved in the stated amount. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms On MOTION by Councilman Scott, seconded by. Councilwoman Lauber and carried on roll call vote as follows the provisions of the Procedural Ordinance were waived in order to consider the following item which was not on the agenda. 1 It was MOVED by Councilwoman Lauber, seconded by Councilman Scott and carried on roll call vote as follows that the City Council AUTHORIZE the payment of $1,785.71 to the West San Gabriel Valley Juvenile Diversion Project. This represents the City's share of the 5 percent local hard match for second year (1975-76) funding of the project. AYES: NOES: ABSENT: Council Members Lauber, Scott, Gilb None Council Members Saelid, Helms On MOTION by Mayor Gilb, seeonded by Councilwoman Lauber and carried unanimously Lisa Haderlein was appointed to the Bicentennial Commission representing the Youth Commission. Informed Council that the Bicentennial Flags are now in place in front of City Hall. Advised that Carol Libby, Chairman of the Sister City Commission, had written her thanking Council for the charms and tie tacs...that she had also received many expressions of appreciation from members of other Boards and/or Commissions. Referred to the work by the Police Department in maintaining sur- veillance of~bicycle violations and expressed appreciation for the improved situation. Mayor Gilb referred to the State Law for bicycle registrations and also to a new law requiring lights on bicycles at night. Asked that the communication addressed to him from Mrs. Joseph P. .Busch 1 thanking the citizens of Arcadia for the expression of sympathy in the recent loss of Mr. Busch, District Attorney for the'County of' Los Angeles, be made a matter of record. Acknowledged a communication from Herb Fletcher concerning a publi- cation in the local newspaper of a letter signed by the Arcadia Firefighters' Association. Mayor Gilb then made the following statement: I wasn't at the Council ~eeting that night but I have discussed this matter at great length with Mr. Butterworth and Mr. Butterworth assured me that he came that evening to say as a concerned citizen that he felt the 8-5-75 - 6 - 1 SCOTT I GILB f~ 21:8850 citi~ens of the City should and could question expendi~ures by Council members. He did not in any way cast any aspersions on the firemen or the policemen or make any insulting remarks toward them. In regard to the letter that was written -.1 personally felt that the letter was completely out of order and I would like to go on record as saying that.. The means that are used by people to express themselves is one thing, but I think that we all have to be concerned citizens enough to be able to look people in the eye and say what we think without sending an unsigned letter or something by an association that I am not sure represents the entire feeling of the majority of that associ- ation.. "I would also like to' state that I thirik it is a tragedy that citizens of this community fear coming forward asking questions about expenditures in this City... that their fear is felt to a point where they will not come forward because they feel there is going to be a rebuttal by organized groups in the City. I think every citizen of the City should be able to come to these Council meetings and find out how the money is being spent and what we are doing in the process of running the City. I would hope that this would encourage the citizens to come forward and that groups of employee organizations and groups of other organi- zations will not get to a point where they become organized in writing letters such as this and causing harassment to private individuals who are looking out for the interests of the City. I think the rest of Council feel pretty much the same way. We have received much criticism from people who come forward, much we have deserved, much we have agreed with and much we have changed. I think all of the commissions and boards feel the same way. I think it is a democracy and ~ehave to be able to state.what we feel and we have to be always available to the hearings of the people without fear of reprisal such as waS taken in the last act and I would like to make that as a statement." "I have to disagree with part of what you said, and I am sure you recognize my right to disagree, because when you said that the rest .of the Council feels as you do about certain statements you made then I don't agree with you. I do agree that people ought to be privileged and feel secure in coming and making their statements, yet I don't want to be a part of being critical of the firemen or the fire person whomever it might have been who wrote the letter, because I think'that is the same right that the people who come here to be heard have. I think Mr. Butterworth came here and made his statement which was his right and I think that the person who wrote the letter and had it published was his right. I don't want to concur in being critical of one person's right at the expense of the other. I thought I understood you to say you weren't here the night Mr. Butterworth spoke. Had you been here'I think you would have heard him be most critical of Council which is his right but he did not come to question. He was critical. And it wasn't a hearing. I am not being critical of him for having done that and this makes me all the more emphatic in my feeling that the fire group has the right to be critical of him - either publicly here or in the press. "Now having said that I want to say that I appreciated and enjoyed the letter which you sent to all of the employees as a representative of the City commending them for their efforts during the salary negotiations and.. I reme~ber emphasizing the family nature of the City. I ' thought it was a remarkably good letter and I appreciate your having said it." "Thank you. I would like to make myself clear. I think everyone has a right to criticize but I think there is a certain level that. we have to maintain and the letter that was in the newspaper just dealt 8~5-75 - 7 - SCOTT GILB ADJOURNMENT 21:8851 practically on slander. So~e of the remarks which were made could have been left out. I am not saying that anyone doesn't have a right to do that." "Mr. Butterworth is a real good attorney and if it is slander " "Mr. Butterworth as an attorney can fight it off. I am thinking about the private citizen who is not an attorney - who is not a public speaker - but just comeS forward as a citizen who wants to say something.. That is really all I have to say. I think everyone has a right --- and thank you for your other remark." At 9:40 p.m. the meeting adjourned to Tuesday, .August 19, 1975 at 7:00 p.m. in the Conference Room. 1 ~ Fg;; ATTEST: ~Ae 'l6~ ~~ City Clerk 1/ ~ 1 8-5-75 - 8 -