HomeMy WebLinkAboutJanuary 7, 1997INVOCATION
4. QUESTIONS FROM CITY COUNCIL
REGARDING AGENDA ITEMS
A N N O T A T E D
A G E N D A
Arcadia City Council
and
Redevelopment Agency
Meeting
January 7, 1997
6:00 p.m.
Council Chamber Conference Room
ACTION
ROLL CALL: Council Members Chang, Harbicht, Kovacic, Young and Kuhn All present
1. PRESENTATION and discussion of cable television rate regulations. John Risk,
Communications
Support Group
7:00 p.m.
Council Chamber
Rev. Matthew Chong, Associate Minister, Church of The Good
Shepherd
PLEDGE OF ALLEGIANCE City Attorney Michael H. Miller
ROLL CALL: Council Members Chang, Harbicht, Kovacic, Young and Kuhn All present
2. PRESENTATION of Holiday Home Decoration Awards by Arcadia Beautiful Commission
Continued to
3. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING January 21, 1997
AGENDA ITEMS
MOTION: Read all Ordinances and Resolutions by title only and waive
reading in full.
City Mgr. Kelly
re wind storm dam-
age & activation o
EOC. Res. 5973
declaring local
emergency aztopted
5 -0
Arinpteri 5 -0
5. PUBLIC HEARING
ACTION
Pub. Hrg.Closed
a. Report and recommendation to introduce Ordinance No. 2063 - An Ord. 2063 Introduce
Ordinance of the City Council of the City of Arcadia, California, granting 5 =0
to Southern California Water Company, Its successors and assigns, a
franchise to lay and use, for transmitting and distributing water for any
and all public streets, ways, alleys and places within the southeastern
and eastern portions of the City of Arcadia per City Charter Sections
1300 et. seq.
Report and recommendation to adopt Resolution No. 5971 - A
Resolution of the City of Arcadia, California ordering the vacation
and abandonment of a portion of Wheeler Avenue west of Second
Avenue.
6. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL
(NON - PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON)
7. MATTERS FROM ELECTED OFFICIALS
City Council Reports/ Announcements /sStatements /Future Agenda Items
8. CONSENT
a. Minutes of the December 17, 1996 Adjourned and Regular Meetings
b. Report and recommendation to accept the Chapman Well
Rehabilitation Project and authorize final payment of $9,025.53 to
Bakersfield Well & Pump in accordance with contract documents.
c. Report and recommendation for final acceptance of the renovation
and upgrade of Bicentennial Park and to authorize final payment to
D & M Construction, Inc. in the amount of $5,624.32.
9. CITY ATTORNEY
a. ORDINANCE NO. 2065 - INTRODUCTION - An Ordinance of the City
Council of the City of Arcadia, California, amending the Arcadia
Municipal Code by adding Sub - sections (A) and (B) to Section 4912.1
to except (exempt) temporary election signs in residential parkway
areas from the prohibition of posting signs on public property
Pub. Hrg. Closed
Res. 5971 Adopted
5 -0
R. Cruz, Dist. Mgr.
So. Cal. Gas Co.
See Minutes
Apprnved 4 - 0
Mayor Kuhn abstaire
Approved 5 -0
APPrnved 5 -0
Tnrrndured as
amended 5 -0
10. CLOSED SESSION
a. Pursuant to Government Code Section 54957 - City Manager - Annual
Performance Evaluation
Entered the Closed
Session at 7:57 p.m
Continued same to
Wednesday, Jan. 22.
11. ADJOURN City Council to January 21, 1997 at 6:00 p.m. in memory of
Judge John Saunders and James Nevin ADJOURNED AT
10:10 p.m.
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ORpORATEO'° MEMORANDUM
OFFICE OF THE CITY I O NAGER
January 7, 1997
TO: Mayor and City Council
FROM: William R. Kelly, City Manager
By: Cindy Rowe, Community Relations Officer C-
SUBJECT: 'Cable Television Rate Regulation
BACKGROUND
Since the implementation of the 1992 Cable Act, cable television rates are governed
by the Federal Communications Commission and the City has very little jurisdiction
other than the regulation of "basic only" (broadcast stations) and the equipment used
to receive basic channels. When TCI requests a rate increase, they submit FCC-
created forms to the City for approval. These forms require extensive analysis by the
City's consultant, Communications Support Group (CSG), to verify their accuracy.
Each review costs between $1,000-$3,000, depending on the level of review
required. .
On February 1/of this year TCI submitted Form 1240 which increased the basic cable
service rate from $11 .64 to $12.67. At the same time TCI was required to submit
Form 1205, covering increases in both equipment and installation rates. CSG
recommended a detailed review of this form and found discrepancies with regard to
converter costs and recommends the City consider making a rate determination to
lower equipment rates.
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DISCUSSION
As part of the analysis of Form 1205, CSG estimates overcharges related to
converters to be between $72,000-$77,000 annually. The FCC recently supported
local rate orders by the City of Des Moines, Iowa, and in four cities in Nevada.
L, L ' I AGED
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Cable Television Rate Regulation
January 7, 1997
Page two
CSG finds TCI's Form 1205 is unreasonable due to unallowed and unjustified
increases in overall costs and believes the City can make a compelling case to disallow
this increase based upon the precedent set by the Des Moines and Nevada decisions.
John Risk will be present at the City Council's January 7 meeting to discuss this issue
and to present alternatives for action with accompanying costs associated with each.
At the same time he will clarify other rate regulation issues and answer specific
questions the Council may have. It is important to remember that review of proposed
cable rate increases is the only assurance we have that TCI is increasing rates in
accordance with FCC regulations.
FISCAL IMPACT
An analysis by Communications Support Group costs between $1,000 and $3,000
to complete per FCC Form. In 1995, we spent $7,200 and the 1996 expenditure will
be approximately the same. In light of recent FCC rulings, CSG indicates we might
be able to require TCI to reimburse the .City for a portion of these costs.
RECOMMENDATION
Following discussion, staff recommends the City Council adopt a philosophy with
regard to the monitoring of cable television rates and, if applicable, appropriate the
funds necessary to regulate rates as set forth by the FCC.
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STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
January 7, 1997
TO: Mayor and City Council
FROM: Peter P. Kinnahan, Economic Development Administrator
ee Prepared by: Dale R. Connors, Redevelopment Project Manager
RE: Report and recommendation to hold public hearing and adopt
Resolution No. 597.1 -A Resolution of the City Council of the City
of Arcadia, California, Ordering the Vacation and Abandonment of
a Portion of Wheeler Avenue West of Second Avenue.
SUMMARY:
On December 3, 1996, the City Council adopted Resolution No. 5968 declaring
the City's intention to vacate and abandon a portion of Wheeler Avenue west of
Second Avenue and east of the L.A.C.T.C. Railway. In order to finalize the
vacation and abandonment process, a public hearing must be held and
Resolution No. 5971 must be adopted•by the City Council.
DISCUSSION:
The portion of Wheeler Avenue being considered for vacation currently consists
of a minor access road which dead ends into the L.A.C.T.C. Railway (See
Location Map, Attachment No. 1).
Part 3 of Division 9 of the Streets and Highway Code provides that the City
Council may vacate a public street that is "unnecessary for present or
prospective public street purposes." California Streets and Highways Code
Section 8324 also requires that the Council hold a public hearing prior to final
approval of any street vacation, after publication and posting of notices of the
proposed intention of street vacation. Additionally, the City must reserve all
easements requested by other agencies and utility companies for existing
utilities within the street.
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Staff has reviewed the proposed vacation and determined that the area being
considered here is not required for public right-of-way purposes.
Reservation of Easements have been requested and provided for in Resolution
No. 5971 (Attachment No. 2).
The Planning Commission at its November 14, 1996 meeting, per Section 65402
of the Government Code made the finding that vacation is in conformity with the
City's General Plan.
ENVIRONMENTAL ANALYSIS:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
an Initial Study was conducted for the proposed street vacation. The Initial
Study did not disclose any adverse environmental impact as a result of the
proposed vacation. Therefore, a Negative Declaration has been prepared for
the proposed street vacation. The Initial Study and Negative Declaration have
been included as Attachment No. 3.
FISCAL IMPACT:
None
RECOMMENDATION:
It is recommended that the City Council of the City of Arcadia take the following
actions:
1. Open the a public hearing, receive all comments and/or objections to the
City's intent to vacate the subject property and the proposed Negative
Declaration.
2. Upon closure of the Public Hearing,
a) Find that there is no significant evidence that this street vacation will have
a significant effect on the environment, and approve the attached Negative
Declaration and direct staff to file the Notice of Determination with the County
Clerk's Office of the County of Los Angeles; and
b) Find that from all the evidence submitted that the subject portion of
Wheeler Avenue is unnecessary for present or prospective public use, and
adopt Resolution No. 5971 ordering the vacation of that portion of Wheeler
Avenue west of Second Avenue.
Attachments: No. 1 - Location Map
No. 2 - Resolution No. 5971
No. 3 - Initial Study and Negative Declaration
Approved:
witue1c1
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William R. Kelly, City Manager
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BW.LY LINE OF LOT 8,
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TRACT, W.R. 15-89-90.
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LEGEND YY'LY LINE OF RES.----~~/ `' ''`� ' ` �
NO. 5590 REC. '
JUNE 14 1991 AS | � � `
PORTION OF "OLD" SECOND ' INST. NO. 81-881336. ' / ' � | �
, AVENUE VACATED PER RESOLUTION
NO. 5590 RECORDED JUNE 14, 1991
` AS INST. NO. 91-881336.
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/ ' -
' ', AREA TO BE VACATED PER
[' '/ ^ THIS INSTRUMENT.(20.563 SQ. FT. ±)
CITY OF ARCADIA
STATE OF CALIFORNIA
K ��8 855 W. FOOTHILL BL/D.
~�=..'��� • � �� �� MONROVIA, CA' 81016 WHEELER
&lENDE VACATION
(818) 357-0588 eenno inc.
DATE PREPARED: 10-1-96
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°R'°""t` MEMORANDUM
OFFICE OF THE CITY ATTORNEY
Date: December 30, 1996
TO: HONORABLE MAYOR AND CITY COUNCIL fril
FROM: MICHAEL H. MILLER, CITY ATTORNEY
SUBJECT: ORDINANCE NO. 2065 REGARDING ALLOWANCE OF
TEMPORARY ELECTION SIGNS ON RESIDENTIAL
PARKWAY PROPERTY
BACKGROUND
Consistent with the attached December 2nd report to the City Council and Council direction
at a subsequent City Council meeting, the attached Ordinance No.2065 exempts temporary
election signs on residential parkway areas from the City's total prohibition of all signs on
public property.
The City Council expressed concern with regard to enforcement burdens on those subject to
the Ordinance and costs incurred by the City with regard to such enforcement. Technically,
subject signs are on public property and therefore.subject to enforcement. In reality, as
expressed by the City Council, the involved public property (parkway areas) is maintained
by the adjacent resident and carries the perception and appearance of private residential
property. The allowance of the referred to temporary signs on such property would avoid
unnecessary enforcement and related costs and burdens.
SUMMARY OF ORDINANCE
Ordinance No. 2065 adds two sub-sections to create an exception to the total prohibition of
. signs on public property set forth at Arcadia Municipal Code Section 4912.1 (attached).
These sub-sections (a) and(b) define the exempted area(public parkway), address placement
of the signs to preclude encroachment and set forth general safety considerations. Subject to
reasonable notice, time for compliance with these requirements is afforded before the signs
will be removed and stored by the City. Violation of the Ordinance is a misdemeanor.
.. ao LASER IMAGED
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Election signs are currently permitted on residential property. They are of limited duration
and as such do not cause significant aesthetic or safety concerns. Their proper (temporary)
placement in the residential parkway areas as defined in the Ordinance will not have a
negative effect to alter this conclusion regarding aesthetics and safety.
RECOMMENDED ACTION
Move to introduce Ordinance No. 2065 at the meeting of January 7, 1997 and agendize for .
adoption on January 21, 1997.
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CONCURRED:
/7".„„ i{'
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ommunity Development Administrator
Attachment
c: City Manager •
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ORDINANCE NO. 2065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY ADDING SUB-SECTIONS (A) AND
(B) TO SECTION 4912.1 TO EXCEPT (EXEMPT) TEMPORARY
ELECTION SIGNS IN RESIDENTIAL PARKWAY AREAS FROM
THE PROHIBITION OF POSTING SIGNS ON PUBLIC PROPERTY
WHEREAS, the Arcadia Municipal Code requires those who reside in residential
zones of the City to maintain their adjacent "parkway area"; and
WHEREAS, the maintenance responsibility along with the appearance and location
of these "parkway areas" creates the perception and belief that they are private areas; and
WHEREAS,the Arcadia Municipal Code allows temporary election signs to be placed
on private residential property; and
WHEREAS, such signs are temporary by nature with the specific requirement that
they be removed within ten (10) days of the applicable election; and
WHEREAS, the specific exception to the total prohibition of signs on public property
created by this Ordinance applies only to temporary signs currently allowed on private
residential property for a limited duration. The exception allows such signs on public
property immediately adjacent to such property, defined in the Ordinance as the "parkway
area"; and
WHEREAS, the findings set forth by the City Council in Arcadia Municipal Code
Section 4912 in support of the prohibition of signs on public property are consistent with the
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exception set forth herein and are not mitigated by this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That Section 4912.1 of the Arcadia Municipal Code is hereby amended
by adding subsections (a) and (b) to read as follows:
4912.1. (a) Exception regarding Election Signs In Certain Residential Zones. The
prohibition set forth in Section 4912.1 shall not apply to temporary election signs in the •
parkway area of the following residential zones of the City: R-M, R-O, R-1, R-2, and R-3
subject to the requirements set forth in the following Section 4912.1(b).
4912.1. (b) Requirements For Exception to Apply. The above exception shall
apply subject to the following requirements:
1. "Parkway Area" is defined as that portion of the public right-of-way located
between the face of the curb and the front property line.
2. The signs shall not protrude, encroach, or in any way extend over the curb,
sidewalk area nr front grope ty 1,ne.
3. The signs must be located in a manner that is safe. They shall not be allowed
if it is determined by the City designated Traffic Engineer or Enforcement official that the
signs pose traffic safety hazards by sight line impairment, visual distraction, or in any other
manner endanger vehicles or pedestrians.
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4. Concerning violations of the above, City Enforcement officials shall provide
notice to the responsible parties including the adjacent resident affording them an opportunity
to correct the problem. Notice shall be in writing and/or by personal contact in a manner that
is reasonably calculated to correct the problem and create compliance within a time frame
as designated by the enforcement official.
5. If compliance is not achieved pursuant to subsection 4 above, the City may
remove the signs pursuant to Arcadia Municipal Code Section 4912.2.
6. Failure to comply with the requirements of Arcadia Municipal Code Sections
4912 and 4912. 1 shall constitute a misdemeanor.
SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of said City within
fifteen (15) days upon its adoption.
Passed, approved and adopted this day of , 1997.
Mayor of the City of Arcadia
ATTEST:
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City Clerk of the City of Arcadia
APPROVED AS TO FORM:
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City Attorney
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Memorandum
ARCADIA
Date: December 2, 1996
TO: MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
Tr) /Y 772
SUBJECT: REGULATION OF SIGNS
INTRODUCTION
Pursuant to various issues raised by Councilmember Robert Harbicht and per direction of
the entire City Council this report has been prepared for consideration and possible action
by the City Council with regard to two issues: (1) election or political signs in residential
areas (2) commercial signs on vacant lots including private property.
BACKGROUND
With regard to the referred to issues, existing City code provisions require the following:
ELECTION SIGNS
1. Election signs , all of which are defined as "temporary", must be removed within
ten(10) days after the date of the scheduled election to which it relates.
2. Election signs are prohibited on public property. This includes public land and public
structures such as utility poles.
3. Any illegally displayed or maintained election sign on private property is subject to
removal by the City after 24 hours notice to remove. Signs in the public right of way and
on public property or public structures can be removed immediately by the Police
Department or Maintenance Services.
COMMERCIAL SIGNS
1. Commercial signs on vacant property are "not permitted" under the current code. Since
they are not permitted they are deemed prohibited off-site advertising.
2. In view of#1 above, the current practice is to remove these signs.
To supplement this background information, please see the attached memoranda.
ALTERNATIVES
In view of the background information set forth above in relation to the issues of concern
as presented by the City Council, the following is recommended for consideration:
ELECTION SIGNS
1. Concerning election(political) signs in residential zones, if the current code is left
unchanged, the City could clarify its meaning through informational material which
advises that election signs must be placed a minimum of 15 feet from any adjacent curb
along minor streets, and 25 feet along major arterials.
OR,
2. The City could amend the code to simply permit all election signs in the so-called
"parkway areas" adjacent to residential property. Such an amendment should still
preclude signs that are determined to cause safety problems e.g view obstructions. Such
an amendment should also include findings to justify their allowance such as (a) the
temporary nature of such signs (b) their important First Amendment function ( c) the
reality that most parkway areas are maintained by the adjacent private property owner
and appear to be part of the adjacent residence.
COMMERCIAL SIGNS - VACANT LOTS- (e.g. exhibit and expo signs)
1. The current practice of removing such signs as prohibited off-site advertising without
any changes to the Code is sufficient. However, alternative #2 below should be
considered.
2.To further support the City's position, a code amendment that accomplishes the
following is an alternative.
a. Affirms that such signs are not permitted and are therefore prohibited.
b. Makes findings that such signs are a public nuisance.
c. Authorizes removal of such signs by City forces pursuant to necessary due process
considerations. In view of the commercial status of subject signs, their non-permitted
status, and negative contribution to urban aesthetics, the City `s current process of
removal , temporary storage, and attempted notice can be added to the ordinance to •
formally address the due process factor.
CONCLUSION
For both the election and commercial sign issues discussed above, alternatives #1 require
no action in terms of code amendments. Alternatives #2 require direction to prepare the
necessary code amendments to implement Council-direction.
City Manager tY g `� ommunity Dev- opment Administrator
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4900.7
(b) Such appeal shall be heard by the City 4900.10. MISDEMEANOR.
Council which may affirm, amend or reverse the It shall be unlawful and a misdemeanor for any
order or take other action deemed appropriate. person to fail or refuse to remove an abandoned,
(c) The Clerk shall give written notice of the wrecked, dismantled or inoperative vehicle or
time and place of the hearing to the appellant and parts thereof or refuse to abate such nuisance
those persons specified in Section 4900.4. when ordered to do so in accordance with the
(d) In conducting the hearing,the City Council abatement provisions of this Chapter.
shall not be limited by the technical rules of evi-
dence. (Chapter 9 of Article IV added by Ord. 1453
• adopted 5-16-72)
4900.8. REMOVAL.
(a) Five (5) days after adoption of the order
declaring the vehicle or parts thereof to be a pub- CHAPTER 9.1.
lie nuisance, five (5) days from the date of mail- DISTRIBUTION OF ADVERTISING ON
ing of notice of the decision if such notice is re- UNOCCUPIED VEHICLES
quired by Section 4900.6(d), or fifteen (15)days
after such action of the City Council authorizing 4910.1. DISTRIBUTION OF
removal following appeal, the vehicle or parts COMMERCIAL
thereof may be disposed of by removal to a ADVERTISING ON MOTOR
scrapyard.or automobile dismantler's yard.After VEHICLES.
a vehicle has been removed,it shall not thereafter No person shall place any commercial advertis-
be reconstructed or made operable. ing matter inviting the purchase of,or offering-to
(b) Within five (5) days after the date of re- . sell or buy, any goods, wares, merchandise or
moval of the vehicle or parts thereof,notice shall commercial services into, or upon, any unoccu-
be given to the Department of Motor Vehicles pied motor vehicle.
identifying the vehicle or parts thereof removed.
At the same time there shall be transmitted to the (Chapter 9.1 of Article IV added by Ord. 1480
Department of Motor Vehicles any evidence of adopted 5-15-73)
registration available,including registration cer-
tificates, certificates of title and license plates.
CHAPTER 9.2.
4900.9. COSTS. PROHIBITION OF POSTING ON PUBLIC
If the administrative costs and the cost of re- PROPERTY '
moval which are charged against the owner of a
parcel of land are not paid within thirty(30)days 4912. LEGISLATIVE FINDINGS.
of the date of the order or the final disposition of (a) The City of Arcadia is primarily a residen-
an appeal therefrom,such costs shall be assessed tial community with well-maintained property,
against the parcel of land pursuant to Section and a substantial interest in maintaining its ap-
38773.5 of the Government Code and shall be pearance and mitigating visual blight and clutter.
transmitted to the tax collector for collection.Said (b) The City encourages the most appropriate
assessment shall have the same priority as other use of land to provide adequate open space,lessen
City taxes. congestion,promote appearance,facilitate provi-
sion for community facilities, and utilities, to
conserve and stabilize the value of property and
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175 (Arcadia 3-93)
4912
other related goals to promote the health, safety the Police Department or the Department of Pub-
and general welfare of the community. lic Works. The person responsible for any such
(c) The public property of the City of Arcadia illegal posting shall be liable for the cost incurred
is maintained and utilized fora variety of purpos- in the removal thereof and the Department of
es related to said appearance and the well-being Public Works is authorized to effect the collection -
of the community. of said costs. Any sign, handbill or related item
(d) The regularly scheduled temporary nature removed by the City may be considered aban-
of election sign placement is incidental to the doned if it is not retrieved within fifteen (15)
aforementioned goals of the City and utilization calendar days after the date of such removal,and
of public property. may be disposed of by the City without liability
(e) Property and facilities located within the to any person.
public right-of-way,such as utility poles., bench-
es,hydrants,bridges,sidewalks and similar struc- 4912.3. EXCEPTION.
tures are not by tradition or designation a forum 1. COMMEMORATIVE ITEMS.
for communication by the general public,and the ''Nothing in this Section shall apo the insral-
Council wishes to preserve these structures for lat on of a metal plaque or to or individual
their intended purposes, which is the safe, effi- lett s or figures inasidew commemorating an
cient and pleasant movement of vehicular and histo.'cal, cultural, or Ostic event, loction or
pedestrian traffic and operation of utility systems. perso •lity for which/the City Council has grant-
(f) The regulations and prohibitions specified ed app •val.
in this Section are necessary to preserve the pub-
lic right-of-way and public property for their 4912.4. E(EPTION. ADDRESSES. -
intended purposes,and to prevent the visual clut- Noth' _' this Section shall app,Iy to the paint-
ter, blight, and traffic safety hazards caused by ing of ou numbers upon curbs done under
temporary signs. pe its issu • by the City.
4912.1. PROHIBITION. 4912.5. E EPTION. TEMPORARY
• . •- . - : • • • •• or write on,or post DI • CTIONAL SIGNS. -
or otherwise affix,any handbill or sign to or upon Tke prohibitio ' . - . . on 4912.1 •
any public right-of-way and median, parkways, shall not apply to a placement of temporary
public easements, parks, civic center property, directiohal signs in itj' parkways and medians
sidewalk,crosswalk,curb,curbstone,street lamp for events\sponsored 'nonprofit organizations,
post, hydrant, tree, shrub, tree stake or guard, subject to t� followin requirements:
railroad trestle, electric light or power or tele- a. A"direc 'onai sign means a sign that does
phone or telegraph or trolley wire pole, or wire not exceed thre (3) feet i height (above street
appurtenance thereof or upon any fixture of the level) that gives ll ational d ection to pedestri-
fire alarm or police telegraph system or upon any ans and vehicles.
lighting system,public bridge,drinking fountain, b. "Tem p ftir ary"me s the allowance of such
lifesaving equipment, street sign or traffic sign, sign on thy'parkway for o more\than two (2)
or upon any other object on public property. days prior/to the scheduled vent.All such signs
-• ` must be removed within twe y-four 24) hours
4912.2. ENFORCEMENT�, of the ent.
�Any handbill sign found posted, or other- c. pproval of a temporary si permit shall
wise affixed upon any public property contrary to be b the City Director of Public orks of his
the provisions of this Section may be removed by de gnee. Issuance of the permit is bject to
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(Arcadia 3.93) 176