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HomeMy WebLinkAboutJUNE 15,1971 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I ill"""" PLEDGE OF ALLEGIANCE ROLLCALL MINUTE APPROVAL MAYOR EXCUSED HEARING (Budget) HEARING (Zoning) fjr?,:;~ I """"M' USE PERMIT (restaurant) RATIFIED e. {! tJ P TRACT NO. 24748 FINAL MAP APPROVED .f jogl 19:7833 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING JUNE 15, 1971 The City Council of the City of Arcadia, met in regular session on Tuesday, June 15, 1971 at 7:30 p.m. in the Council Chamber of the Arcadia City Hall. Rev. Ronald Wheeldon, Episcopal Church of Transfiguration Mayor Pro Tempore Hage PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Rage Mayor He lms On MOTION by Councilman Considine, seconded by Councilman Arth and carried unanimously, the Minutes of the Regular Meeting of June 1, 1971 were APPROVED. On MOTION by Councilman Considine, seconded by Councilman Arth and carried unanimously Mayor Helms was excused from this meeting. (He is attending a Mayor's Conference). This being the time and place scheduled for the public hearing on the proposed budget for the fiscal year 1971-72 Mayor Pro Tempore Hage declared thE hearing open. No one desiring to be heard the hearing was CLOSED on~ MOTION by Councilman Butterworth, seconded by Councilman Considine and~ carried unanimously. Further coosideration of the budget will be held at a later date. Planning Commission recommendation concerning reclassification of property from R-3 to PR-3 at 855 S. Baldwin Avenue (Resolution No. 733). Staff advised that Frank Schneider & Associates, developers representing Sizzler Family Steak House, had applied for said rezoning on a portion of the property in question necessary to provide adequate parking for the adjacent commercially zoned properties fronting on Baldwin Avenue. Mayor Pro Tempore Hage declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. Whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unani- mously that the recommendation be APPROVED and that the City Attorney be instructed to prepare the appropriate amendment to the Zoning Ordinance. Planning Commission Resolution No. 733 granting a ~onditional use permit for a restaurant at 855 S. Baldwin Avenue. It was MOVED by Councilman Butterworth, seconded by Councilman Arth and carried unanimously that said action be RATIFIED and the conditional use permit be issued subject to all conditions specified in the resolution and in addition thereto the applicant be required to establish lighting of the parking lot satis- factory to the City Manager, Chief of Police and the Director of Public Works. The Planning Commission recommended approval of the final map of Tract No. 24748 subject to the continued compliance by the applicant of all conditions stipulated in the approved tentative map. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Arth and carried 6-15-71 - 1 - TRACT NO. 19872 FINAL MAP APPROVED d ",., T~ /0 ~j\--~ ZONE CHANGE DENIAL (Medical office building) p: 1"":'/" I' ,. CONDITIONAL USE PERMIT DENIAL APPEALED Hearing scheduled Pi (I.'P YOUTH COMMISSION F'?I? CITY FIRE- FIGHTERS ASSOCIATION ",', VI -II' . \,jo"', f~ / . Mayor Pro Tempore Hage 19 :7834 unanimously that the final map for a 28 unit condominium at 1161 W. Duarte Road be APPROVED subject to all conditions. The Planning Commission recommended approval of the final map of Tract No. 19872 subject to the continued compliance by the applicant of all conditions stipulated in the approved tentative map. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Considine and carried unanimously that the final map for an 18 unit condominium at 1018-1022 W. Duarte Road be APPROVED subject to all conditions. Planning Commission Resolution No. 738 denying a zone change for 1243 Lovell Avenue. An application was filed for reclassification of I said property from R-l to C-O. In the Commission's findings it was noted that the subject property provides a buffer between the present c-o zone, on which an 8 story medical building has been constructed, and the R-l zone; that it would destroy the PR-l buffer zone and is not justified by either public necessity, convenience, general welfare or good zoning practice. Inasmuch as the applicant has not appealed the decision for denial the matter was ordered FILED. Upon being informed that the applicant has appealed the decision of the Planning Commission in its denial of an application for a conditional use permit for a service station and a restaurant at 600-618 N. Santa Anita Avenue as set forth in Resolution No. 739 a public hearing was scheduled for July 20, 1971 at 7:30 p.m. c The various schools have held elections for the representatives to the Youth Commission and the students so elected were individually presented to Council and each received an identification card from Councilman Arth. High School Junior Representative Senior Representative Appointed Senior Representative Anne Wayment Nancy Rudolph Wayne Martin Junior High Schools Foothills Fir st Avenue Dana Catherine Green Kenneth Gex Kim Christian The City Manager advised that the City Firefighters Association had requested permission for its representative to discuss negotiations relating to salary and fringe benefits. Mayor Pro Tempore Hage stated "I would like to make just a few remarks before we get into this. First of all the only communication that I personally have seen relative to this is the article which was in the newspaper. Now the Council has not met with Mr. Francis since the last meeting which was about two weeks ago. This is the first knowledge we have had of any disagreement .. not a meeting of the minds. We have not received anything formal from the Firefighters Association. We are not aware of the charges you are to present or of which you are thinking of presenting. The Council is very disturbed that press announcements should be made before we finish our negotiations because all this does is to add to the turmoil and prejudges many things as far as the public is concerned. Now, this is all any of us have seen - the public announcements in the newspaper. Tonight we will be glad to hear from any representative who has something to say as far as what you are talking about in the newspaper. ..you could have a choice - of either having it recorded on the tape tonight, as we do with all our I 6-15-71 - 2 - JI.t~;;. Mike Pavero I I Charts exhibited but not submitted 19:7835 Council proceedings, or better yet, we would like to have a written summary of the things you are talking about so that we may discuss this with our negotiator, Mr. Francis, and then we may come to a conclusion. So at this time we will listen to anyone who is going to be speaking for the Firefighters Association and we would appreciate it if you would limit your remarks." It was noted by Mr. Povero that Don Donnelly, Employee-Employer Relations Consultant for the Firefighters Association, could not be present and Mr. Donnelly's letter of June 14, 1971 was read into the record by Mr. Povero. "Due to commitments beyond my control and the fact that we hoped right to the last minute that your representative might show SOme sign of good faith in the meeting and conferring process, I cannot personally attend your council meeting. The Arcadia Firefighters now officially request a representative that is willing to show tangible signs of intention, representing the City's position. Your present representative has used many ploys to delay and discourage our honest attempt to come to an agreement. This request is in no way to be con- strued as anything personal with the parties involved. We seek only to find a means in which agreement can be found. Due to the fact of the delays aforementioned we respectively recommend that the ultimate wage package agreed upon in negotiations be effective July 1, 1971 by your motion prior to July 1 since law negates the possibility of passing said package retroactively. Thank you for your consideration of this urgent matter." On behalf of the Association, Mr. Povero then made the following statement: ffr could at this time reread last years speech I presented to this most august body as the same conditions, even worse than those of last year, still prevail. I have gone over the minutes of last yearls council meeting and I find recognition by councilmen that we are exceptional. We are above average and we are worthy of remuneration in excess of the level that this city now pays us. There is one point perhaps you can clarify at this time. On June 30 of last year you stated that we would be based on the average of the 16 cities we were allowed to survey and one week later you show in your minutes that we were getting $934, 1069 and 1180. In reality we received $919, 1038 and 1145. "We have made at least 7 proposals to Mr. Francis that we feel are in line with current prevailing practices and we were rejected Qut of hand. We feel that it is his position to at least present these proposals to the manager or to this body instead of off handedly dismissing them as ridiculous, absurd and out of line. Statistically we have shown we are below average and we had Mr. Francis' solemn word that any deficiencies discovered would be adjusted. Thi,s is what we are seeking - bring us up to prevailing rates and we will then negotiate the issues at hand for this year. Most of the cities we have talked to have no problem in negotiations because their cities are open to negotiation and can be shown statistically where the department is deficient and are inter- ested enough to raise that department at least more in line with pre- vailing practices. This city seems toladopt the attitude of - give them the least that you can get them to accept. Even in statistical comparison Mr. Francis tries to put us in the exact minimal percentile and gentlemen this is unacceptable. We will not be treated less than men and we will not accept less than average this year. As we stated last year, this is not a poor city. In the face of our requests you cut the tax rate last year, probably confident that we would be satisfied with less than average. I would like to present a few statistics to give you a visual picture that reveals our status as close as we could compute it.lI At this point in his presentation Mr. Povero displayed two charts in- dicating the result of a survey made of the 16 cities. He stated in part that Arcadia's hourly salary is $4.42 whereas the average is $4.81. He explored sick leaves, insurance coverage, in comparison and continued that in July they will appear even more deficient. Dis- cussion ensued on whether or not the charts should be submitted in evidence for Council study and distribution if need be and Mr. Povero said he would loan them for a day or two but would rather not have 6-15-71 - 3 - , (. ~"e MAYOR PRO TEMPORE HAGE 19:7836 them reproduced. He said in part that Mr. Francis had the information reflected on the charts with the exception of the statistical averages for all benefits, which could be detrimental to other fire departments - that he felt a sense of loyalty to his fellow firemen in this regard. The City Attorney advised that submitted material is for the record, is public data and may be copied for distribution. Mr. Povero then continued his presentation: "Every department is dis- satisfied with this year's negotiations. We have been in contact with all of them and they feel as strong or stronger on some issues than we do. This to us is evidence of the lack of real negotiations, the lack of a real interest in working toward a settlement. Some departments have not even been thought enough of to be given a written proposal. How are we to ascertain what we are to expect if there are no concrete I offers. I would like to suggest an Ouija board to get an idea..at least we would know as much as we do now. But, seriously, if all departments feel extremely strong that they are not being bargained with in good faith that would indicate that the negotiator and the agent or agency who establishes his criteria and his perimeters within which the negotiator must endeavor to stay, are not acting in good faith and are not actively seeking the level of negotiations, in deed or in spirit, as outlined by the Myers, Milias, Brown Act. We urge you at this time to either replace our present negotiator with one who is willing to endeavor to negotiate to the spirit and the letter of the law, or to set aside a period on the next agenda and prepare yourselves to negotiate a just settlement with us. We feel, if you put us on the agenda, that it would be a crowded agenda as all departments would want a piece of the action to put it in the vernacular and we really do not feel that this is necessary to have men with a mission so important as yours, of administering the city, to have to take time out from a busy schedule to negotiate with the departments that comprise the city forces merely because the men that are paid to do this job and are paid very well have not up to this time done the job. In summary we would like to plead with you gentlemen to assume this responsibility that has been allowed to lapse, to legislate decent salary and hours, conditions for all employees, and restore the human element, the dignity, the pride and love of the employees for tl1etr jobs and for this city." (Copies of this statement were distributed to Council.) Mr. Povero enumerated the material left with Mr. Francis and submitted that they have been offered an one half cost of living increase for three years provided it doesn't exceed five percent; and the widows continuance, which he stated in part leaves them still way behind the average. Mayor Pro Tempore Hage stated in part that Council had not met with the negotiator since the time previously mentioned; that this is the first time it had heard the remarks made by Mr. Povero; that Council would like to confer with Mr. Francis and then make its determination. Councilman Butterworth stated in part that Mr.-Francis has been acting within policy lines established by the entire Council; that the action I has the support of Council and is within certain guidelines and that no unreasonable burden should fall upon him as the city labor negotiator; that any ire is ill directed against Mr. Francis. He continued that Mr. Povero .has presented the position of his association very well, but that any criticism directed toward Mr. Francis is undeserved. Mr. Povero commented that the firemen are aware of this, that they are not taking offense with Mr. Francis personally but they wish to discuss their problems with someone willing to negotiate and has the power to do so; that they are making an appeal to Council to tell them what they may expect this year. Forrest Payne, representative of the AFL-CIO, Local 606, spoke on behalf of the membership consisting of some of the public service personnel stating in part that it is their intention to negotiate across the bargaining table and reach a suitable agreement; that what is a suitable 6-15-71 - 4 - ':":',o' 1 I, ., ~:;... :: ' 19:7837 settlement may not exactly coincide with what the City does but that if there are honest negotiatiops an agreement will somewhere along the line be negotiated. He referred to Councilman Butterworth's obser- vation concerning guidelines which had been set forth; that by so doing the negotiator's hands have been tied at the bargaining table - that by giving rules and orders of certain guidelines is not free bargaining. .. He referred to an article by the City Manager in the local press which could be misinterpreted by the taxpayer - that although they could also go to the press they preferred to neg06iate at the bargaining table. He felt the article as he read it gave the impression that if the employees were to have a salary raise taxes would have to be increased. I Councilman Arth commented that any inference that taxes were lowered at the expense of employees is completely unfounded because a 5 per- cent utility tax was imposed for the first time last year which was the equivalent for part of the year of somewhere between 20~ and 25~ on the tax rate and the reduction of 5~ on the tax rate only partially compensated for the utility tax. AUDIENCE PARTICIPATION Michael Blake, 1245 Lovell Avenue, spoke of his interest in the future of property at 1243 Lovell Avenue. A request for rezoning from R-l to C-O had recently been denied by the Planning Commission. He noted in part that it is an older parcel badly in need of repair and is most unattractive as it stands. He noted also that the proposed General Plan calfS for a C-O zoning. He was advised that the first hearing on the Plan before Council will be held July 20. CITY EMPLOYEES' Mrs. Wilma Johnson, representing the City Employees' Association asked ASSOCIATION if a copy of the Guidelines which had been referred to would be avail- ~~'Lift i' able; that it would help in preparing proposals and asked if proceedings , '':.f5"'''F. could be expedited. Mayor Pro Tempore Hage submitted that Council 6-;.,./1-: r,,)hopes to reach a solution in the very near future.and he would see.that a /. . / copy of the guidelines is given to her. ~-L4.4 POLICE ASSOCI,ATIO.;b , J) R. 1rJ-f.w., James Corrigan, President of the Arcadia Police Relief Association, stated '~e are attempting to meet and confer in good faith with the city through your agent, Mr. Francis. The observation I would like to make is this - that if the provisions of the Myers, Milias and Brown Act are to be met (the act that designates that associations will meet and confer) it is essential that they do so with the intent to reach some sort of agreement. We have been unsuccessful two years running now and don't have much confidence this year of reaching agreement because of the feeling that there isn't the intent on the part of the city to reach agreement. Our association would hope that the Council might direct your agent, Mr. Francis, to if at all possible reach an agreement. The spirit and the intent of the law is that the agencies do reach agreements with the associations. We have this intent. I "We have refrained from public di'sclosures to newspapers to this point. We feel frustrated. We have felt frustrated for two years. We have come within an eyelash on one occasion - that was last year - only to be frustrated by lack of time in settling the budget on the last day and really no opportunity to confer sufficiently to reach an agreement. This is much the same problem we have this year. We went one 30 day stretch - almost the entire month of May - without being allowed to meet with Mr. Francis. The statement was that he was unable to meet with you. We have met with him twice in June. We are scheduled to meet with him tomorrow morning and I will say in his d~fense that we met on matters of retirement during that 30 day period. Hopefully this is because you are attempting through him to reach agreement with our association. We trust that we will reach this point. We feel that it will be of benefit to the city to reach this point as well as to our association. We feel it is essential that if the morale of the city 6-15-71 - 5 - CONTRACT AWARD WATER MAIN /)/./{/~~ CHICAGO 'PARK :I~ It..' :/'1 LIBRARY PARKING LOT ~,,',J \,jO-" "" ADVERTISE FOR BIDS t/' HELICOPTER PROGRAM .) I) {' J, 1 rfi'-U/' / 19: 7838 employees, specifically the police department employees, is to be elevated that we push to tnis goal. I would urge you to give him sufficient latitude to be able to meet this particular objective. " The City Manager and Assistant Water Manager reported on the following bids received for the installation of afl 8" water main in Michillinda Avenue between Colorado Boulevard and Panorama Drive and made recommendation for 'the award of contract to the' low bidder. C & D Pipeline Company Vido Samarzich Company Engineering Contractors, Inc. Barron & Eckhart Engineering Ace Pipeline' Construction $ 12,372.00 17,350.00 17,653.20 17,726.40 19,400.00 I It was MOVED by Councilman Butterworth, seconded by Councilman Considine, and carried on roll call vote as follows that the contract be awarded to C & D Pipeline Company in the amount of $12,372; that all other bids be rejected; that any irregularities or informalities ln the bids be waived and that the Mayor and City.Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney. Funds in the Capital Projects Budget for 1971-72. AYES: NOES: ABSENT: Councilmen Arth, None 'Mayor Helms Butterworth, Considine, Rage This item was delayed until later in this meeting at which time Council informally instructed the City Manager to proceed with the preparation of a study on the .feasibility of creating assessment districts in the Chicago .Park section of the City. The study had been proposed by the firm of Stone and Youngberg, Inc., municipal financing consultants. Formal action will be taken at the next regular adjourned Council meeting. Council received a report on the proposed landscaping and lighting project for the city library which would apply to the west parking lot at the subject site. The Librarian advised that a committee composed of Board members were studying the plan, whereupon it was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried unanimously that 'the matter be tabled for 30 days. Councilman Considine suggested that during the interim staff could obtain an estimate as to the cost of providing a complete lighting system. Councilman Arth also suggested that because the lighting is required, due to uses of the facility by other than library patrons (Lecture Room events and the like), it is possible the cost of the project should not be a'burden'on the library budget. I The City Manager and Director of Public Works submitted plans and specifications for the development of Camino Grove Park which would provide three tennis courts instead of two as originally proposed. Reference was made to the parking accommodations which will contribute to improved land utilization. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Arth and carried unanimously that the City Clerk be authorized to advertise for bids to be returned July 1. Funds are in the Capital Projects Budget. The City Manager advised that a communication had been received from the California Council on Criminal Justice informing the City of its decision not to fund the West San Gabriel Valley 'Regional Helicopter system proposal at this time. He submitted that funding could be sought again next year. 6-15-71 - 6 - LEGISLATION SUPPORT (A B 544) ~ I USE OF CITY SEAL (2 " tJJW ORDINANCE NO. 1431 (speed limit) ADOPTED~ I ORDINANCE NO. 1432 (Civit Defense) INTRODUCED 19:7839 Council received the report of Mayor Pro Tempore Hage, who is Chairman of the Transportation Committee of the County Division of the League of California Cities, concerning Assembly Bill 544 which would create additional revenue for mass transit and for city governments generally. It was noted in the report that the bill is of particular importance to cities within the County in assisting in the overall public trans- portation efforts. In order to indicate support it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that a communication be directed to the State Senator in support of the bill. AYES: NOES: ABSTAIN: ABSENT: Councilmen Butterworth, Considine, Hage None Councilman Arth (due to his business affiliation) Mayor Helms Council received and considered the request of the Arcadia Directory Company for permission to use the city seal on the cover of its new telephone directory. Council expressed appreciation for the local directory but the majority felt the use of the city seal would give an aura of officialdom to any area of private enterprise in business for profit; that residents could be led to think the city published the directory and also the City would be hard pressed not to grant other requests; that it should only be used for official documents. However, Councilman Arth was of the opinion that the directory is mailed to all residents; that it would not be used to promote business and he would like the citizens to know about the new city seal. It was MOVED by Councilman Butterworth, seconded by Councilman Considine and carried on roll call vote as follows that the request be denied for reasons so stated. AYES: NOES: ABSENT: Councilmen Butterworth, Councilman Arth Mayor Helms Considine, Hage The City Attorney presented for the second time, explained the content and read the title of Ord inance No. 1431, ent it led: "AN ORDINANCE OF THE CITY OF ARCADIA ADDING SECTION 3221.9 TO THE ARCADIA MUNICIPAL CODE, ESTABLISHING A THIRTY-FIVE (35) MILE PER HOUR SPEED LIMIT ON BALDWIN AVENUE BETWEEN HAMPTON ROAD AND ORANGE GROVE AVENUE." It was MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1431 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, None Mayor Helms Considine, Hage, The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1432, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTIONS 2211.1 THROUGH' 2215.3 OF THE ARCADIA MUNICIPAL CODE RELATING TO ESTABLISHMENT AND ADMINISTRATION OF A DISASTER BOARD OF THE CITY OF ARCADIA." It was MOVED by Councilman Butterworth, seconded by ,Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1432 be WAIVED and that the same be INTRODUCED. AYES: . NOES: ABSENT: Councilmen Arth, None Mayor He lms Butterworth, Considine, Rage 6-15- 71 - 7 - RESOLUTION NO. 4205 (Tract 29869) ADOPTED -:-t:. /:1 d7 LEGISLATION ( A B 2953 ) City in opposition /1' PERSONNEL MATTER COMMUNICATION /' ADJOURNED TO EXECUTIVE SESSION REC;ONVENE PERSONNEL ./ ADJOURNED TO DATE CERTAIN 19: 7 840 The City Attorney presented, explained the content and read the title of Resolution No. 4205 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING TRACT MAP NO. 29369 (120 WEST SIERRA MADRE BOULEVARD)." It was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried on roll call vote as follows that the full reading of the resolution be WAIVED: AYES: NOES: ABSENT: Councilmen Arth, None Mayor He lms Butterworth, Considine, Rage It was further MOVED by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that Resolution No. 4205 be ADOPTED. I AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage Councilman Butterworth Mayor Helms Councilman Arth referred to Assembly Bill 2953 concerning zoning which he felt would destroy zoning from the standpoint of local government if it should go through and suggested that a resolution be prepared with a cover letter to be directed to the Legislators and to the smaller cities in the County opposing such legislation. Council concurred and the City Attorney will prepare such resolution for Council to consider at its adjourned regular meeting to be held June 29. The City Attorney reported on a Superior Court decision in a matter and asked for authority to file an appeal therefrom. matter was continued for discussion in an executive session. personnel The In response to a request for a donation from Mrs. William J. Herbert of San Gabriel for use in the Western Special Olympics for the Handicapped, the City Manager was authorized to write Mrs. Herbert and commend the worthwhile activity, however, explaining that it is not in the province of the city and taxpayer's money could not be expended thusly. At 9:15 p.m. Council entered an executive session for the purpose of discussion on personnel matters. At 11:10 p.m. Council reconvened in the Conference Room. It was MOVED by Councilman Butterworth, seconded by Councilman I Considine and carried unanimously that the City Attorney be authorized to file an appeal from the Superior Court decision in the case of Lt. Lawrence J. Ostler. At 11:15 p.m. the meeting was adjourned to TUESDAY JUNE 29, 1971 at 7 p.m. ATIEST: 6-15-71 - 3 -