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HomeMy WebLinkAboutAUGUST 1,1989 31:0154 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK "' INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (July 18, 1989) (APPROVED) ORD, " RES, READ BY TITLE ONLY I l. PUBLIC HEARING (Weed Abatement Charges Confirmation) (APPROVE~ V) V\":r~ M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 1, 1989 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:55 p. m., August 1, 1989 in the Arcadia City Hall Council Chamber. Chaplain Dana Hoogerbrugge. Arcadia Methodist Hospital City Attorney Michael Miller PRESENT: ABSENT: Councilmembers Gilb, Harbicht and Chandler Councilmembers Lojeski and Young On MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED, Councilmember Young was EXCUSED. Councilmember Harbicht apologized for the delay in the start of this evening's Council Meeting. He had not originally planned to attend this meeting and had been called back from Sequoia Park this after- noon so that there would be a quorum. On MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Adjourned and Regular Meetings of July 18, 1989 were APPROVED. It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. THE OATH OF OFFICE WAS ADMINISTERED BY THE CITY CLERK TO THE FOLLOWING INCOMING MEMBERS OF THE SENIOR CITIZENS' COMMISSION AND THE SISTER CITY COMMISSION. Warren Shaw, Senior Citizens' Commission Beverly Street, Sister City Commission Mayor Chandler and Councilmember Gilb then presented the incoming Commissioners with their credentials, a City pin, and welcomed them to the City family. The Los Angeles County Agricultural Commissioner has submitted a list of charges in connection with the cost of abating weeds on each separate lot or parcel of land noted on list attached to staff report dated -August 1, 1989. The list has been posted as required. The purpose of the public hearing is to allow the affected property owners an opportunity to object to the charges if they wish to do so. -1- 8/1/89 31:0155 Mayor Chandler declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED. 2. AUDIENCE PARTICIPATION It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Council CONFIRM the list as submitted and DIRECT that the County Auditor be instructed to enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young Johanna Hofer, 875 Monte Verde Drive, stated, in part, that she was present to object to the adoption of Ordinance No. 1909 relating to increase in the telephone utility tax. She noted that within a nine year period, the City utility tax has risen over $1,000,000. She referred to a June 1988 petition signed by almost 500 voters requesting reduction of the ever-escalating utility tax. She also inquired as to qualifying an initiative for the 1990 municipal election. Mayor Chandler replied that the City Clerk would see to providing this information. Chris Vance, 417 S. Second Avenue, stated, in part, that he and a few other people had been complaining about "funny" practices by banks and developers and had been picketing around town in this regard. He also felt that when the property of his friend, Eileen Stephen, had been sub- divided, she had not been properly notified. He then introduced a lady from Ecuador who, upon returning from that country found that her signa- ture had been forged to a quitclaim deed. They were present to answer questions, if any, from Council. Jose Revilla, 618 Glenwood Road, Glendale, stated, in part, that he was present to complain about the inadequacy of the posting of the section of the Arcadia Municipal Code which prohibits parking on City streets between 3 a. m. and 6 a. m. He had received a citation for violation of this Code and felt that it was unfair enforcement of a concealed law. He presented a map and photographs to illustrate his contention that the signs were obscured or inadequate. He contended that this law restricted his right to visit Arcadia residents and interferred with his personal life. He referred to letters mentioning that Judge Saunders of the Santa Anita Municipal Court had commented that he had seen more 'dis- satisfied and concerned Arcadia residents complaining about the over- night parking than any other violations written by the officers, and suggesting that more warning signs be posted. Councilmember Harbi~ht responded that he agreed that the City should take a look at the park- ing sign situation and make sure they are adequately displayed. How- I ever, he objected to Mr. Revilla's statement that the City was restricting his right to visit Arcadia residents or interferring with his personal life ... he was free to visit in Arcadia at any time ... just so he .did not park his car on the street between 3 a. m. and 6. a. m. The City has a right to regulate what happens on its streets. Katie Martinez, 301 W. Magna Vista AVenue, stated, in part, that she was present this evening to make a few comments regarding Ordinance No. 1909, the 5% utility tax increase. She felt that one of the reasons many Arcadians do not attend Council meetings is because when they vote for the elected officials, it is with the understanding that these officials will represent the residents fairly, honestly and with good judgment. She is hoping Council will take this into consideration when voting tonight on Ordinance No. 1909. She is objecting to this tax increase. She noted that the budget recently adopted is $1.7 million short; the utility tax is expected to generate $225,000; leaving a shortage of more than $775,OOO.Does this mean that more future taxes will be 8/1/89 --2- NOTE: The following action taken at the August 15, 1989 Arcadia Redevelop- ment Agency meeting amends that portion of the Agency Meeting Minutes of August 1, 1989 to excuse absent Agency Members to include the following action. On MOTION by Agency Member Gilb, seconded by Agency Member Harbicht and CARRIED, Agency Member Lojeski is EXCUSED from the Meeting of August 1, 1989. ,/ t4 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (July 18, 1989) (APPROVED) 31:0157 CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Gilb, Harbicht and Chandler Agency Members Lojeski and Young On MOTION by Member Gilb, seconded by Member Harbicht and CARRIED, Member Young was EXCUSED. , - On MOTION by Member Gilb, seconded by Member Harbicht,and CARRIED, the Minutes of the meeting of July 18, 1989 were APPROVED. I' 4c. ADJOURNMENT ' The meeting ADJOURNED to 6:00 p. m., August 15, 1989. 5. CITY COUNCIL RECONVENED 6. CONSENT ITEMS 6a. CONTRACT AWARD (St.Light'g Improv. - Kingsley Dr.- Job No. 653) 6d'Y. ~ \ 6b. CONTRACT AWARD .\ (Rehabilit'n J'lJlA Campus Dr. fr. ':l Holly Av. to Y \ Santa Anita - Job No. 652) 6c. CONTRACT AWARD ';b(Concrete \({:J Sidewalk/ ~' Var.Loca- tions - Job No.655) AWARDED contract for street lighting improvements on Kingsley Drive - Job No. 653 - to the low bidder. Metro Electric Co. in the amount of $30,300. The work consists of installation of 11 street lights and underground conduit pursuant to petition from the property owners. The City is to pay 75% of the installation cost and the property owners to pay 25% of the installation cost plus 100% of the future power and maintenance cost through annexation to the Lighting Maintenance District. The City will advance the property owners' 25% share of the installa- tion cost from the Capital Outlay Fund which will be reimbursed to the City with 7% interest over a 10 year period, through provisions of Chapter 27 of the Improvement Act of 1911. The property owners also have the option of a one-time cash payment of their share of the instal- lation cost when project costs are confirmed. This project is categori- cally exempt from the requirements of the California Environmental Quality Act. Funds in the amount of $35,000 to be appropriated from the Capital Outlay Fund to cover the cost of the project including inspection and contingencies (25% to be reimbursed by the property owners). Any informalities in the 'bid or bidding process are waived and the Mayor and City Clerk AUTHORIZED to execute a contract in a form approved by the City Attorney. AWARDED contract for surface rehabilitation of Campus Drive from Holly t Avenue to Santa Anita Avenue - Job No. 652 - to the low bidder, Industria Asphalt in the amount of $151,648.40, contingent upon Caltrans' concur- rence and'the City Council's adoption of Resolution 5496; $230,000 to be appropriated from State Gas Tax Funds for the contract amount; City- furnished materials, engineering, inspection, testing and contingencies. The project will be funded 86% (reimbursement) with Federal Aid Urban Funds and 14% with State Gas Tax Funds. All informalities in the bids or bidding process to be waived. The Mayor and City Clerk are AUTHORIZED to execute a contract in a form approved by the City Attorney. AWARDED contract for construction of sidewalks at various locations - Job No. 655 - to the low bidder, E. C. Construction Company in the amount of $42.092. The work consists of construction of sidewalk on Sunset Blvd. north of Balboa Drive and adjacent to Arcadia City schools at Camino Grove, First Avenue Junior High, Hugo Reid Primary, Dana Junior High, and Holly Avenue Elementary. $39,000 to be appropriated from SB 821 funds and $7,200 appropriated from Gas Tax Funds available in the 1989-90 budget to cover total project cost of $46,200 including 8/1/89 -4- 31:0156 imposed? Perhaps Council should consider trimming experiditures to bring the budget into alignment. She noted that the Alhambra City Council had rejected this utility tax because they did not think it fair to Alhambra residents. In her opinion, the City Council should have advertised a public hearing in order to receive input from the community. ~ f Mary Ann Russo, 265 West Magna Vista Avenue, stated, in part, that she was proud to be a resident of a City which provides "high standards and excellent services such as Arcadia. She would be glad to pay the addi- tional tax if the City had a valid reason for imposing it, but she does not feel this is the case. She is concerned that this is a double tax because the telephone company already adds a tax on long distance calls which is reimbursed to the City. Councilmember Harbicht explained that this is not a double tax because the portion of the telephone bill long distance calls which is under discussion is not currently being taxed. Councilmember Gilb noted also that individuals with incomes of $7,500 and couples with incomes of $15,000 or less are exempt from the utility tax. 'I Florence Helfer, 411 Vaquero Road, stated, in part, that she was present to speak against the proposed telephone tax. Her friends and relatives are mostly in" the East and this tax would present a hardship for her. If another tax is needed, she would suggest ticketing speeders on Colorado Blvd. between 4:30 and 5:30 in the afternoon or" drivers going through the red left turn lights at the intersection of Santa Anita Avenue and Huntington Drive. Senior citizens have had a catastrophic insurance tax put on them and a tax increase of 9~ per gallon on gasoline ... they do not need this additional tax on telephone calls. Frank Rush," 60 Birchcroft, stated, in part that he is a thirty year resident of the City. When the initial utility tax was enacted in 1980, the majority of taxpayers felt that it was an underhanded method of getting around Proposition 13 and ignoring the spirit of Proposition 13. He challenged Council to not only refuse to pass this tax, but to go one step further and reduce the utility taxes already in existence. The business community is not objecting to this tax increase because they will merely pass it along to their customers. Dick Martinez, 301 W. Magna Vista, stated, in part, that he felt this proposed tax was discriminatory and unfair .,. it is taxation without representation. It sets a bad precedent as far as City Council action on how to tax the residents, i. e., without a public hearing. The Federal Government as well as the State already tax utilities; City Government has not taxed these long distance calls. He feels the City has found a loophole and is in haste to close it and tax the residents. He feels that is not fair and that it is a bad precedent and bad policy. I Linda Daggett, 536 N. Old Ranch Road, stated, in part, that she was. also present to address the utility tax. She feels Arcadia is an area of conservative government and conservative people. Because the Federal Government has said this tax is legal now, should not mean that the City "jumps on it" right away. Further, she does not feel it is fiscally responsible to pass an "out-of-balance" budget to begin with. The citizens should have been informed. She understands that the Tribune had the information but did not publish it; perhaps the City Newsletter would have been an appropriate place to publish the information. If the residents and Council all felt it was a fair and necessary tax they could discuss it. Also, she noted that some of the office buildings in the City have many vacancies. Has Council considered that this added tax on business as well as residents may tend to deter businesses from moving into the City? In the long run it might hurt the City. She reminded Council that the Federal 1981 tax decrease eventually actually resulted in increased revenues. Mayor Chandler noted that Councilmembers will address this issue later in tonight's meeting. 8/1/89 -3- 31:0158 contract amount, engineering, inspection and contingencies. All informalities in the bid or bidding process to be waived. The Mayor and City Clerk are AUTHORIZED to execute a contract in a form approved by the City Attorney. 6d. CLAIMS APPROVED settlement of claim of Miguel SETTLEMENT Colonial Penn for $2,678 resolving two RATIFICATION arising out of motor vehicle accidents (Miguel Rivera employees. " Colonial. 0 M I\,I:J Penn) Co u-' I 6e. FINAl MAP 46931 (120-122 Diamond St.) \\.1 .f/--. ,\.,V 'J''' e...).\.! LX ~..j 1\" \ ' \<'I X' . 7. 7a. REZONE PTN. SANTA ANITA OAKS, R-O, 15,000 to R-O 22,000 (REF. TO HOA) , 'J 1"~~~ I 7b. SAN GABRIEL V ALLEY' MOSQUITO ABATEMENT DIST. APPOINTMENT (Continued to Aug. 15. 1989) Rivera for $7,500 and of claims filed against the City involving City vehicles and APPROVED Final Map 46931 for a proposed 8-unit residential condominium project at 120-122 Dtamond Street (L and E Engineering on behalf of Adel Moufarrej, owner/developer of the site). Before Final Map 46931 is recorded, all outstanding conditions of approval as outlined in the report dated October 31, 1988 from the Public Works Department shall be complied with to the satisfaction of the Director of Public Works. AlL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER GILB, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CAlL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young CITY MANAGER Staff report presented pertaining to the possible rezoning of a portion of the Santa Anita Oaks from R-O 15,000 to R-O 22,000. The report out- lines the potential for lot divisions within the area bounded by Orange Grov~ on the north, Oak Meadow Road, Hacienda Drive and San Carlos on the east, Foothill Blvd. on the south and Bldwin Ave. on the west. Staff recommendation is that staff be directed to contact the Home Owners' Association regarding any position they might have in this matter and report back to Council. Subsequently. Council could direct staff to initiate a zone change if it is felt' to be desirable in that area. It was then MOVED by Councilmember Gilb, seconded by Councilmember Harbicht that the recommendations of the staff be followed; that the Home Owners' Association be contacted for their position in the matter before action is taken. Mayor Chandler agreed and the MOTION was cnRRIED. The Los Angeles County Chief Administrative Officer is requesting that the City Council appoint its designated member to the newly-formed San Gabriel Valley Mosquito Abatement District. Each city may have one member; the member has to be a resident of the city represented but does not have to be a Council Member. It was the consensus of Council that this appointment be held over to the August 15, 1989 meeting. 8/1/89 -5- 8. 8a. ORDINANCE NO. 1909 (ADOPTED) , \..:1 0'-' .\~\ .I \~v (..p-''t" {/ '\' \1 \ ~ \ ' ;\\ v' ~ 31:0159 CITY ATTORNEY The City Attorney presented, explained the content and read the title of Ordinance No. 1909, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2671 OF THE ARCADIA MUNICIPAL CODE TO APPLY THE UTILITIES TAX TO INTERSTATE AND INTER~ NATIONAL COMMUNICATION SERVICE". Councilmember Harbicht, in reference to previous comments .stated, in I part .,. "I think that it's important for all of us to recognize that no one likes taxes. And one of the more difficult things that any- body in government service has to do is to raise taxes. But I think we need to recognize just exactly what we're talking about here. The point has been made that we want to tax all of the residents. And , then the point has been made by somebody else that it's discriminatory. Well, which is it? Because we're taxing everybody, that doesn't sound very discriminatory. I think it's also important for everyone to recognize that what we're talking about here is a tax of 40~ per resident per month and we don't tax just to get money. All the money we get, we spend. And I don't have anybody coming up here and saying: 'Why don't we close the library two days a week so we can reduce taxes?' 'Why don't we reduce police patrol?' 'Why don't we have fewer firemen on duty?' 'Why don't we have less paramedic service?' 'Why don't we reduce our recreation services?' 'Why don't we only sweep the streets every other week instead of every week?' 'Why don't we cut out this?' 'Why don't we cut out that?' I didn't hear anybody suggest that. So, whenever we consider a budget we have to consider, what are the services we want to offer and how are we going to pay for those services? My perception is the people of Arcadia want the level of services that we've been providing. And as a representative of the people of Arcadia, I want to provide those services. Somebody has asked the question, 'How is the budget going to come into balance?' And the fact is that we are conservative in estimating both our income and our expenditures. But we're not conservative to the tune of $800,000. We think that this particular tax, raising approximately $225,000, will just about put the budget in perfect balance based on the budgets that we've adopted in past years and what the actual expenditures and revenues have come to be. A statement was made about inflation and what that has done to the revenues that we get from the utility tax. Inflation has pretty much done that to all the revenues we get. But it's also done that:to all the expenditures that we have. Inflation doesn't stop on the expenditure side. It continues just like it does on the revenue side. And to have our revenues grow with inflation is certainly not getting us ahead, it is keeping us even with what's happening with our expendi- tures. I think that this tax is a relatively minor tax. It is certain- ly not double taxation, because it's not being taxed right now. All utilities are being taxed with one exception. And this exception has been an exception only because it was tied up in the courts. And I ' I feel that this is a modest amount for the residents to pay to continue to receive the high level of services that they've been receiving and I intend to vote to implement it." Councilmember Gilb stated, in part, "Some of the things that were said by some of the people were taken just a hair out of context. Mr. Martinez at the last meeting pointed out that he thought we were over- taxing the Asian people who are moving in and wouldn't be able to call their families back in Taipei, I think he stated at that time, because"" they would be taxed. And I made the statement that most of those people coming here are buying their homes for cash. I didn't say that every- body in Arcadia was paying cash for their homes. I said that most of the Asian people are '" on one hand eVerybody tells me how much money they're got and he's telling me that they can't afford to pay a tax to call their family back in Taipei, and I really made that point. Another thing is that I was talking about the business community in regard to people who open businesses and only have a telephone in their business .'.. and they get the, Fire Department, the Police Department, all the services -- all the street services and if they didn't have the utility 8/1/89 -6- GILB (cont'd) I I 31:0160 "tax and the business license tax, which is very minor, they would contribute nothing to this community and to the upkeep. Also, when you're talking about balancing this budget, we have lost some revenue people that have left the community. Datsun moved out, as you know, and we got a great deal of revenue from them. And Foulger Ford's getting ready to move. They're moving out to Duarte. And so we're going to lose those taxes, which are going to be depleting our tax base a hair. And, so, we're out looking other places to put in enough to offset some of those things that we're going to be losing, because you don't get the same taxes every year and more and more and more you lose a lot of revenue getters that you have to go out and replace. I hoped that the tax in itself would have been publicized, but I don't control what's put into the Tribune. Mrs. Daggett suggested that we should have had enough foresight to put it in the Newsletter because we didn't know the Tribune ... well, I don't know what the circulation of the,Tribune is, but I've got to bet you there isn't over 3,000 people in town that read or that even get it. So, it's very difficult for us to contact ,this community when we're doing anything ... and I do appreciate the remark -- that 'you are elected to serve the community', and the gentleman got up and said, 'Well, none of you were ever elected by saying "I'm going to raise taxes."" Well I have to tell you, in the last election that we had, everyone that ran for the Council talked about the redevelopment area and how we planned on moving ahead with redevelopment; the taxes; and how we were going to finance the City -- Mrs. Hofer was running on the other side -- and we went to everyone in the community. Everyone had a chance to vote -- and the people who thought that the City was being run properly, I think, came out, and we were elected to the posts that we now hold. Mr. Harbicht came out with a good point. You know, the people in this community demand services and they're entitled to services. We have a little extra expenditures in'town that we hadn't anticipated and it's the drug problem. We've had to put on extra officers to counter- act this drug problem. Much of the drug problem, as you know, in the community is coming from out of the country into our community. And as you can see in the paper the last few days, we've had two or three savings and loans and banks that have been held up. People trying to get money. And obviously I believe it's because of the drug scene. As a result of that we've had to increase our Police Department and I've said this before when I ran for the Council and I'll say it again, that the most important thing is safety in the streets. The people have to be able to walk down the streets in this community from a safe stand- point and that's the one thing that we have to strive for. This tax comes to about 40C a month and it's a loophole -- that's probably a bad word ... I don't know what other word ... It was held up in the courts for a while. The City of Alhambra, as was pointed out tonight, may have an agreement with the new big industries that they've put there in their community that they wouldn't put this tax in if they'd come into town ... everyone goes out and hustles for redevelopment and tries to get new businesses into the community and makes all kind.of ' promises ... I don't know what the reasons were. At the last Council meeting Mrs. Martinez pointed out how much the City Manager in Pasadena was being paid and it really has nothing to do with our City. 'But I have to tell you, I think he's a fine City Manager and he runs a big business and he'd get a lot more money running a big business in private industry than he would in the City of Pasadena, taking all that stuff that' he has to take over there because that's a big business. And they have their own utilities, their own airport, they own everything. I'm not here defending him, but to use that argument on this proposed tax is ... "I feel that' the citizens of this community are being well represented by the Council. We have a Council that spends a great deal of time going through the community, finding the problem. When people call, we try to straighten the problems out. We try to answer the questions as much as we can. And to come to Council and have somebody come up and make a remark and everybody laughs ... I personally resent that ... and,I want you to know that and I wouldn't do it to you and I don't expect you to do it to me ... I'm going to support this tax because I think it's right. It's a small amount, but we have some things to offset in the community that we can sit here all day long and tell you 8/1/89 -7- Gilb (cont'd) 31:0161 "about, but those are just a few of the things. And I have to tell you this law enforcement thing is one of them. It's not going to be a cheap thing and we're all going to have to look into our budgets and see where we're going to come ... the next year we may have to put more cars out and we may have to put -- the lady was talking about the people speeding down Colorado. I can believe it. OVer on Foothll you can hardly get down the street at 5:00 - 6:00 at night. And the police officers are all out everywhere ... And coming down Baldwin Avenue in the mornings fJ:.om Sierra Madre '" they go 80 miles an hour. The only way you can get out of my area is to be born out of' there. I don't know how else you get out of there in the morning. It is really some- thing. But we have policemen around and we have to have more cars to I do that and that takes money to get the type of officers that we have. Because we don!t take just anybody in our department. We have a fine Police Department and Fire Department. We get many, many compliments on those services and on our street services and as much as we can do ,in the community, we try to take care of. It takes a few dollars to do it and I would hope that -- I'm going to support this also ... this action tonight. I'm surprised that we've got so much conflict against it. It certainly isn't double taxation, but I think the City's run in very good order, in very good fashion. And it has to do with all the people that live here and watch out for it and are in this room and citizens look- ing out for the other citizens and reporting all of these things. And that's what's made it a great community. And I'm going to support it because I think we're going to need it in the future. It's not a big amount of money, but I think it's going to be needed. Thank you." Mayor Chandler stated, in part, "It's kind of interesting -- this issue of a public hearing -- I would just guess right now that, as a result of the way things happened, the fact that the paper did publish that people wishing to speak to the utility tax could be here tonight and address the Council. And the way it worked out .., this has generated as much information and participation as a public hearing. So, maybe that's just a luck-out deal. But it did come out that way. There is a great deal of interest in this issue. Also, it's interesting to note that several years ago another City Council, perhaps Mr. Gilb was on it, did reduce the utility users' tax from 7% to 5% and they did that with- out holding a public hearing:' Cciuncilmember Gilb responded that he was here (a Councilmember). Mayor Chandler continued ... "So, this was done without a public hearing, so any implication that we're trying to be deceitful or using some trickery is absolutely not the case. And I think, perhaps after attending this meeting you better under- stand that. Utility users' taxes are applied to the gas that you use from Southern California Gas; to Edison for your electricity; and for your phone line, for all the calls that you are making right now, except for those that you make out of State or overseas ... those are absolutely not being taxed whatsoever. So, indeed, there are businesses that are doing international trade and, as Mr. Gilb pointed out, making big money, using our services, etc. And you can do international' trade and interstate trade now simply with a FAX machine. That is I going on. You can do it out of your back room and make big money. None of those people are being taxed. The reason why this tax was held up in court is because people that are making lots of money lobbied against it and they lobbied against it long and hard and it got tied up in court because they had a selfish interest. Now, the court has made the right decision. They've said this should not" be a special exemption and those big money people who had lobbied against it did not get their way. If we made all the easy decisions here, nothing would happen in this City, because it's no big deal to make the easy decisions. It's no big deal to just rollover and go with what the flow seems to be. To me, I didn't get elected to do that and certainly I wouldn't be foolish enough to say I got elected to raise taxes. But there comes a time when you have to face the music and you have to do the right thing. And the right thing you do because you anticipate things in the futue for another generation, for a few years down the track. And I have no intent of letting this City fall apart piece by piece. We've purchased the armory because we plan to 8/1/89 -8- CHANDLER (cont'd) I 8b. ORDINANCE NO. 1910 (ADOPTED) I tI /. V~ tJb.'C/ i\',1C;~ 8c. ORDINANCE NO. 1911 (INTRODUCED) 1M 31:0162 "build a new police station there because we know in the future this town must have continued strong law enforcement. It costs a lot of money, a lot of money. We added, for the first time in 10 years, uniformed police officers, which was included in our budget. Three uniformed police officers. It's been ten years, folks, since we've added that kind of people. That's our commitment and it's that same genuine commitment that I'm going in with a vote on the utility tax. So, I appreciate you giving me the opportunity to speak my mind and my reasoning. You may not agree with it and I certainly can see where you're coming from. But, here again, this is one of those hard shots to call and there're three of us up here that are basically going against your wishes, but we think we're making the call for the better- ment of the City in the long run. May we' 'have a motion." I~ was then MOVED 'by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Ordinance No. 1909 be and it is hereby' ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young The City Attorney presented, explained the content and read the title of Ordinance No. 1910, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA APPROVING ZONE CHANGE Z-89-002, CHANGING THE EXISTING ZONE OF R-O " D 15,000 TO R-O & D 22,000 FOR THE LOTS LOCATED WITHIN TRACT 11215 IN THE RANCHO SANTA ANITA RESIDENTS' ASSOCIATION AND FOUR ADJOINING LOTS AT 230, 236, 240 AND 244 VAQUERO ROAD". It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1910 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1911, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9283.8.3 AND REPEALING SECTIONS 9283.3.1, 9283.5, 9283.5.1, 9283.5.2. 9283.8.4. 9283.8.5. 9284.4 AND 9284.5 OF THE ARCADIA MUNICIPAL CODE TO ELIMINATE INAPPROPRIATE AND REDUNDANT REGULATIONS (Text Amendment No. 89-004)". It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Ordinance No. 1911 b! and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young The City Attorney presented, explained the content and read the title of Resolution No. 5493. entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FAVORING EARLY CONSTRUCTION OF LIGHT RAIL AND COMMUTER RAIL FOR THE SAN GABRIEL VALLEY". e,O ~,rf' 1'1' L,f\ (;, D' It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht ~\' ~/~ and CARRIED on roll call vote as follows that Resolution No. 5493 be I(~ and it is hereby ADOPTED. RESOLUTION NO. 5493 (ADOPTED) AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young 8/1/89 -9- 8e. RESOLUTION NO. 5495 (ADOPTED) 8f. RESOLUTION NO. 5496 (ADOPTED) /lz1>.. \'..) '< 8g. RESOLUTION NO. 5497 (ADOPTED) t ~"?~~~ 9. CITY MANAGER CITY ATTORNEY (Proposed Ord. - Prop.Maint.) 31:0163 The City Attorney presented, explained the content and read the title of Resolution No. 5495, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF TRAFFIC SIGNALS ON SELECT SYSTEM STREETS". It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5495 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young I ,The City Attorney presented, explained the content and read the title of Resolution No. 5496, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CAlIFORNIA, APPROVING SUPPLEMENT NO. 010 TO AGREEMENT NO. 07-5131 TO ENCUMBER FEDERAL AID URBAN FUNDS FOR THE REHABILITATION OF CAMPUS DRIVE FROM HOLLY AVE!lUE TO SANTA ANITA AVENUE, JOB No. 652, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH REVISION". It was MOVED by Councilmemer Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5496 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young The City Attorney presented, explained the content and read the title of Resolution No. 5497, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CAlIFORNIA, DELETING RESTRICTION 15 AND AMENDING RESTRICTIONS 16 AND 21 OF CITY COUNCIL RESOLUTION NO. 3731 FOR THE PROPERTY AT 1220-1300 SOUTH GOLDEN WEST AVENUE". It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5497 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb, Harbicht and Chandler None Councilmembers Lojeski and Young MATTERS FROM STAFF Requested a CLOSED SESSION following this meeting. I With regard to a problem presented at the July 18, 1989 Council Meeting concerning deterioration of properties and the problem of property maintenance of vacated properties, some of the properties mentioned at that meeting had been substantially improved recently. The City Attorney suggested a nuisance abatement approach which would be faster than the current approach. He recommended bringing an ordinance to Council at the August 15, 1989 meeting to implement this. Direction from Council was requested as to whether the proposed ordinance should be an emergency measure, effective immediately, or the normal introduction and adoption process. It was recommended that the normal introduction and adoption process be pursued as this would allow more time to work on the plans to implement it as well as give Council time to consider some of the issues. 8/1/89 -10- CITY ATTORNEY CLOSED SESSION I 10. HARBICHT (Santa Anita Av. nr. Driv. Range - Weeds) GILB (So.Baldwin - Tree Replac't) GILB (In Memory of Hazel Longden) I 31:0164 It was the consensus of Council that the normal format be followed. Councilmember Gilb commented that some of the properties have already been cleared by weed abatement,which helped the situation. Council- member Harbicht agreed that it should be handled under normal procedure because it is a complex issue and they want to make sure that it is done properly. At the direction of Council, the City Attorney will bring an ordinance forward under the customary procedure as well as a report on the matter. The City Attorney announced that "a CLOSED SESSION would be held pursuant to Government Code Section 54956.9(b) (1) to discuss a situation of pending litigation where there may be an exposure of liability to the City of Arcadia". ' MATTERS FROM ELECTED OFFICIALS Commented that the strip of land bordering the County Park golf driving range on Santa Anita Avenue is an eyesore because it is covered with weeds most of the year. The City spends a great deal of money keeping the median on Santa Anita Avenue looking nice and the apartment buildings across the street are nicely landscaped. Perhaps contact can be made with the County to remedy this problem. Staff replied they have been asking the County off and on for about five years to do something with the strip. About twice a year they clean off the weeds leaving bare ground for a while and then eventu- ally the weeds grow back. Councilmember Harbicht suggested that it might be time for the Mayor to write to Supervisor Schabarum. perhaps including photographs of the area under discussion. Inquired if the sidewalk on South Baldwin in front of Hinshaws was owned by Hinshaws. Staff replied that it was. He noted that the trees have been taken out and wondered why this had been done. Staff replied they took the trees out as part of Hinshaws' remodeling plan; they plan to put new, different trees in. Council inquired if the trees further down the block near Naomi are City trees. Staff replied that all the trees were put in by the developer when they re-did the buildings there. Staff will look into the situation and find out when the trees will be replaced. Councilmember Gilb noted that the trees on the other side of the street look very well. "Graveside ceremonies were held July 29, 1989 at Forest Lawn Cemetery in Glendale for Hazel Longden, 64, who succumbed to cancer last Thursday. Mrs. Longden was born in Winnipeg, Canada in 1925. She was the daughter of a very successful owner-trainer, A. J. Tarn. Mrs. Longden was the wife of Jockey great Johnny Longden and she was the first woman tra-iner to saddle a stakes winner at Santa Anita when she sent out Diplomatic Agent to garner the 1971 San Vicente Stakes in her own silks. The couple married in 1941 and they have two children, Eric and Andrea. Mrs. Longden also was the stepmother of Vance, Longden's son from a previous marriage. Both Vance and Eric are trainers. Mrs. Longden also had considerable success as an owner. Money Lender carried her silks to many victories in his juvenile year of 1973, winning the Norfolk, California Juvenile Stakes, California Breeders' Champion Stakes and El Camino Stakes as the state's top juvenile of that year. Later, Money Lender won the San Miguel, San Joaquin, San Francisco, Space Needle and Arizona Downs Handicaps and the Portland Meadows Mile. Besides her husband, John, Mrs. Longden is survived by her sons, Eric and Vance, and daughter Andrea. She also leaves two grandchildren and one great-grandchild. Hazel Longden was a legend among women trainers. She found her home in our City of Arcadia and Santa Anita Park and she will be greatly missed. And I'd like to close the meeting now in her memory." 8/1/89 -11- 11. ADJOURNMENT 31:0165 At 9:20 p. m., Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 9:40 p. m. to 6:00 p. m., August 15,' 1989 in the Chamber Conference Room to conduct the business of the Council and Agency and CLOSED SESSION, if any, necessary to discuss personnel, litigation and evaluation of properties. ATTEST: -12- Rog 8/1/89 I I