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
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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
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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
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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
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ATTEST:
~Ae 'l6~ ~~
City Clerk 1/ ~
1
8-5-75
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