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HomeMy WebLinkAboutNOVEMBER 18,1997 I I I 011,). 5,-0 IfIf? 7 39:0274 vC CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN TIIE OFFICE OF TIIE CITY CLERK MINUTES , , CITY COUNCIL OF THE CITY OR ARCADIA "I ." I ; and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 18, 1997 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, November 18, 1997, at 5:00 p,m. in the Conference Room of the Arcadia City Hall Council Chambers, ROLL CALL PRESENT: ABSENT: CounciIl Agency Members Chang, Kovacic, Kuhn, Young and HaIbicht None OTHERS PRESENT: State Assemblyman Robert Marget! (59th District); Steve Johnson, Administrative Assistant, and Corey Calaycay, Field Representative for Assemblyman Marget!; City Manager. William Kelly; City At!orney Miller; and City Clerk, June Alford, 1. AUDIENCE PARTICIPATION None 2, CLOSED SESSION ()1I1)- '10 Pursuant to Government Code Section 54957,6 to confer with City labor negotiators, Dan Cassidy and William R. Kelly, regarding Teamsters Local 911,' AFSCME Local 2264, AFF A, ,APOA, management and non-represented employees, At 5:04 p,m, the City Council/Agency RECESSED to the Closed Session and RECONVENED the Regular Meeting at 6:06 p,m, in the Conference Room, .. 3, DISCUSSION State' Assemblyman Robert Marget! and City CounciIl Agency members met to discuss various ST, ASSEMBLY- issues of mutual interest and concern, MAN MARGEIT Deregulation of electrical service takes effect January I, 1998, CounciIlAgency members expressed concerns regarding revenue forecasting. handling new provider companies, billing/collecting utility tax fees, franchises, solicitation for services, etc, Although the Edison Company has been helpful, answers from the Public Utilities Commission have not been forthcoming, Council questioned whether help is available in Sacramento that would provide such information, Assemblyman Marget! addrcssed these concerns and stated there are no easy :answers, Mr. Marget! referred to the State Assembly's passage of a bond issue to compensate for reduced revenues as a resull of the expected competitive market. The League of California Cities is exploring these issues and lobbying legislative activities to deal with some of these concerns, 11/18/97 39:0275 Council noted that Edison currently comprising 60% of Arcadia's utility tax revenues, gelling a handle on the new provider companies for utility tax collection will be a problem, Assemblyman Margett stated he would go to work on the City's behalf with this specific concern. I In response to Council's conccrn regarding anticipated 1998-99 Slate Budget projections, Assemblyman Margett stated he felt the outlbok apP\"'~ to be good, although the State has always been conservative with their projections. Small Communities throughout the state, such as Arcadia, have been affected more profoundly by tax shifts than the larger agrarian communities. Proposition 174 monies have not sufficiently replaced those taken from cities in 1992 as Governor Wilson had hoped. For communities that lost revenues during the State's 1997-98 budget negotiations and the State's repayment to PERS, Mr. Margett hopes to recover money during the next budget review and negotiation sessions. Assemblyman Margett is the lead Republican in Sacramento working on issues involving the exchange/transfer of water between the Metropolitan Water District (MWD), Imperial Irrigation District (lID). and San Diego via the aqueduct, San Diego's need for additional water and the costs involved are issues that may affect Arcadia's wholesale water rate; therefore, he is keeping a close eye on this matter. In response to the concern' regarding the Water Quality Authority's (wQA) SWlSCt clause el.1ension and ramping down Assemblyman Margett responded in part that he carried the legislation granting the el.1ension. He also added that the WQA has developed a remediation plan accepted by the EP A and the Department of Water Resources, and remediation of the basin has been accepted by the responsible parties, He felt unless another extension is granted ramping down will occur and that other tasks, transfer of management, and costs can be handled through a merger with a water district such as Upper San Gabriel or Three Valleys. Council expressed COncern that cities involved in the WQA are now questioning increased costs, monies being I el.']lCnded, and the return each community realizes, Various political and management battles exist relating to the WQA. Assemblyman Margell stated acquisition of water rights is presently a major factor in California and that Proposition 204 pro\ided only initial funding for Sacramento Delta levee repairs, not complete funding as some Californians believe, Californian's will have to wait to see if these repairs will withstand the e"..pected impact ofEI Nino. In the discussion of State term limits, Assemblyman Margett commented in part that term limits has been stayed by the courts; that term limits in some form will probably be enacted, but that lifetime exclusion of running for office again probably will not happen. Some legislators are basically homesteading their offices making a career of being in the political life, ~which is what the voters overwhelmingly do not want. Assemblyman Margett conveyed that he felt the concept of a part time State legislature was a good one based on his experience of the actual timeframe of State legislative activities, Responding to Council's question on the efTectiveness of the League of Califorriia Cities affecting legislation, Mr. Margett conveyed that he wished the, League had a greater affect, Furthermore, contrary to some beliefs the California Teacher's Association are not the strongest lobbyists, the Public Employees is the strongest force felt in Sacramento, Current concerns Assemblyman Margett has regarding transportation are related to the Metropolitan Transit Authority (MT A) whose budget has a very large deficit (largely as a result : of greatly over projected revenues). He facilitated a meeting between Foothill Transit and MTA to discuss issues of mutual concern, Welfare Reform (back to work and the school to work issues) is also a huge faclor afTecting state-wide transportation, The Assemblyman is no longer a I member the Transportation Committee in Sacramento, but he is keeping an eye on this situation, 2 11/18/97 I I I 39:0276 Also related to transportation, the discussion turned to the matter of completing Arcadia's freeway soundwalls, Mr. Margett stated he is currently working on a proposal for completion of freeway soundwalls throughout Los Angeles County which would hopefully save on construction costs and interest eX')JCnses, I, Answering Council's inquiry Assemblyman Maf~ett, e~'jllained some of the differences and similarities he has eX')JCrienced in the political arena,on the local level, such as City government, compared to the state level. He stated his job is to obtain the best he can for the entire district and represent them in the way they want. At 6:53 p,m. the City Council/Agency RECESSED, and RECONVENED in the Council Chamber at 7:00 p.m, to continue the agenda of the Regular Meeting, INVOCA nON June D, Alford, City Clerk PLEDGE OF ALLEGIANCE Kent Ross, Librarian ROLL CALL Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht None PRESENT: ABSENT: 4, 01;)0-1 Cf OATHOFOFFICE The City Clerk administered the Oath of Office to Richard Tauer. newly appointed to the (Richard Tauer Human Resources Commission, Mayor Harbicht and Councilmember Chang welcomed H. R Comsn,) Commissioner Tauer to the City family and presented him with credentials and a City pin. 5, SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Fire Chf. Lavoie Chief Lavoie reported on the Fire Department's response to a single story family residence White Oak Fire structure fire on September 9,1997 at 122 White Oak Drive, The cause of the fire was deemed to be accidental. In part, this report included response time, second alarm request of additional resources from neighboring cities, quantity and type of personnel providing coverage, injuries and hospital treatment received by firefighters, coverage hours, detennined cause, estimated loss, and damage to a neighboring home, No citizen injuries were reported, Numerous calls were received by the Department reporting the fire; all fire personnel on duty responded to the incident. In answer to inquiries from Council, Chief Lavoie stated that the first unit had three (3) fire personnel--the 4th, a technician position, was removed over a year ago in budget reductions. An NFPA requirement (two in, two'out rule) prevented personnel from entering the structure until the second unit arrived at the scene 2-3 minutes after the arrival of the first unit. Similar to most jurisdictions in California Arcadia must rely on outside resources to'supplement their own forces (mutual aid), The status of injured firefighters' was given. Injuries were mostly due to carbon monoxide gasses even though firefighters wore the required breathing apparatus, In this incident carbon monoxide gasses were building up even outside the structure, thus affecting the firefighters after they removed the breathing apparatus when clear of the structure, Exacerbating factors of the fire were discussed, He would hope that new City roofing restrictions would help to eliminate the factor of wood shingle roofs in the future, On behalf of the City Council Mayor Harbicht expressed appreciation of and pride in the Fire Department's efforts and the assistance from the other agencies,;n this situation. 6, QUESTIONS FROM CITY COUNCILIREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS " None ,3 11/18/97 7.1. RESOLUTION Donna Butler, Community Development Administrator presented the staff repon and NO. 6016 recommendation regarding Resolution No. 6016: "A RESOLUTION OF 1RE CITY COUNCIL (CUP 97-010 OF 1RE CITY OF ARCADIA. CALIFORNIA APPROVING CONDITIONAL USE PERMIT Starbuck's Coffee NO, CUP 97-010 FOR AN EATING ESTABLISHMENT (STARBUCKS COFFEE CO.) WITH 300 E. Htg.) 24 INDOOR SEATS AND 16 OUTDOOR SEATS AT AN EXISTING RETAIL BUILDING AT (APPROVED) 300 E. HUNTINGTON DRIVE, AND REPEALING RESOLUTION NO. 5509." tJ}("'~O-1 () ORD. & RES. READ BY TITLE ONLY 7, 39:0277 It was MOVED by Councilmember Young, seconded by Council member Kuhn and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PUBLIC HEARINGS , , '1, i .' :' Ms. Butler stated that this request has come before the Council for approval because Resolution NO, 5509 allows only three (3) eating establishments in the existing retail building at Gateway Centre, 300 E. Huntington Drive, Starbuck's Coffee Company would make a founh. At its November 12, 1997 meeting the Planning Commission recommended approval of C,U.P, 97- 010 and also recommended the City Council repeal Resolution NO, 5509, In response to Council's question, Ms, Butler clarified the type of food to be served at this establishment, which is typical of other Starbuck establishments, Clarification was also given about the ramifications of repealing Resolution NO, 5509; the Planning Commission would handle such future requests unless it reached the appeal stage, at which time it would come before the City Council. Mayor Harbicht OPENED the public hearing, No one came forward to spc.'lk in favor of or opposition to this item. It was MOVED by Council member Young, seconded by Mayor Pro tern Kovacic and CARRIED to CLOSE the Public Hearing, Council member Kuhn stated she believed this to be an excellent mix of businesses at this location, It was MOVED by Council member Kuhn, seconded by Councilmember Chang and CARRIED on roll call vote as follows to ADOPT Resolution No. 6016 approving ConditioilaI Use Permit 97-010 for an eating establishment (Starbucks Coffee Co,) with 24 indoor seats and 16 outdoor seats at an existing retail building at 300 East Huntington Drive; and REPEAL Resolution No. 5509, AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht None None 7b, RESOLUTION Fire Chief Lavoie presented the stafT repon and recommendation regarding Resolution No, , NO, 6015 ' 6015 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, (Fire Dept. Fees) CALIFORNIA, SETTING FORTH CERTAIN FEES RELATING TO 1RE ARCADIA FIRE (ADOPTED) DEPARTMENT," I)), <;;0 _Sol Chief Lavoie reviewed the stafT study of the existing and proposed Fire Depanment fees and charges to identify the true cost of providing services to the people utilizing such services. 4 11/18/97 I I I I I I 39:0278 Currently most fees were being subsidized by the City, however with implementation. the proposed fees could result in a cost recovery of $30,000 for the remainder ofFY 1997-98, Many of the proposed fees are directed at violators of the Uniform Fire Code, or businesses and organizations willing to pay more to expedite projects, The majority of these fees do not affect entities who follow City requirements and wh~ a<;cept the timeframe it takes Fire Department staff to provide the service. Chief Lavoie comrriented that the intent of the proposed fee increases , ,- is not to seek cost recovery for all Fire Department ,functions, nor to charge fees because other cities are doing so; the proposed fees reflect all or a portion of the cost of providing such services, In response to inquiries from Council specific categories in the staff report exhibits were further e"'plained and clarified. It was also stated that participants in the City's Voluntary Emergency Medical Subscription Program would not be charged the proposed fees for such rescue services, Chief Lavoie commented the Department will continue to inspect, free of charge, commercial businesses for fire regulation compliance as long as they are within compliance or complete their correction by the next inspection. Charges begin when several inspections are required because the business has not made the appropriate corrections and an additional burden is placed on the Department by the multiple reinspections, There are some "no cost" services provided by the Department which will continue to be free. Fire Marshall Crabb responded to a question from Council regarding fire sprinkler plan check fees, stating it is done free of charge if within the normal timeframe; however, if expediting of the normal timeframe is requested or required, then a fee will be charged, Mayor Harbicht OPENED the public hearing, -......- ." No one came forward to speak in favor of or in opposition to this item, It was MOVED by Councilmember Young, seconded by Council member Kuhn and CARRIED to CLOSE the Public Hearing, It was MOVED by Councilmember Young, seconded by Mayor Pro tern Kovacic and CARRIED on roll call vote as follows to ADOPT Resolution No, 6015, setting forth certain fees relating to the Arcadia Fire Department. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht None None 7c, RECONST. OF City Manager Kelly presented the staff report and recommendation to accept public testimony on UPPER CNYN, the reconstruction of the Upper Canyon Reservoir and Canyon Reservoir Booster Statioti Project. RES. & CNYN. He stated in part that the Water Master Plan reviewed and adopted by Council in 1996 called BOOSTER STN, for certain improvements to the City's water system. This specific project requires substimtial (RECEIVE & modifications due to the age of the existing tanks and the location of the reservoir adjacent to a FILE REPORT) seismically geologic hazardous site. The engineering consulting firm of Kreiger and Stewart o 7 :>() _ 70 analyzed alternatives and are suggesting the construction of one larger reservoir to replace the existing two smaller reservoirs so as to provide additional water pressure and capacity for fires in the foothill areas in order to maintain the City's fire protection system, All property owners within a 300 foot radius of the project have been noticed or' this public hearing for input : regarding the proposal. Additional dctails of the proposed project are setforth in the November 18,1997 staff report, In response to Council's questions stafTverified the present fire protection capacity of the existing facility is 2.000 gallons per minute for two (2) hours, Design of the proposed project meets the new increased California fire protection criteria, 5 11118/97 39:0279 Mayor Harbicht OPENED the public hearing to accept public testimony, I No one came forward to speak in favor of or opposition 10 this item, It was MOVED by Council member Kuhn, seco~ded by Council member Young and CARRIED to CLOSE the Public Hearing, , 'I f " , , Staff addressed additional queries from Council regarding the necessity of additional phases of the subject project to reach the required 4,000 G,P,M for four (4) hours; these additional phases should take place over the next two to four years (as setforth within the Water Master Plan) and will provide the seismic upgrades necessary. None of the neighbors in the area of the proposed project have expressed any concerns regarding this project. For public edification Mayor Harbicht stated that in February, 1997 staff presented a systematic 20-year plan for improving and updating the City's water system to maintain a first-<:!ass system for the residents, all to be accomplished without bonds or putting the City in debt. The City is setting aside money ahead of time for doing projects such as the one under discussion. It was MOVED by Council member Young, seconded by Councilmember Kuhn and CARRIED to RECEIVE and FILE the REPORT on the reconstruction of the Upper Canyon Reservoir and Canyon Booster Station, 8, AUDIENCE PARTICIPATION Mayor Harbicht stated in part, and provided corrections regarding impressions and statements made by citizens at previous meetings, At the November 4. 1997 Council meeting a statement was made that the City employs thiny-eighl (38) people with at an annual salary in excess of $100,000 and that the City should look at these salaries to make expenditure reductions, In truth there are four (4) City employees who have an annual salary of $100,000 or more; the City Manager. City Altorney, Chief of Police and the Fire Chief. I The Mayor also clarified that the Arcadia Redevelopment Agency's (ARA) current indebtedness is just under $14 million. All city redevelopment agencies are in debt; they are required by law to be in debt or tax increments cannot be collected from the redevelopment agency. Debt is the tool used by businesses to create profit making opportunities, The ARA has a plan of repaying and retiring the debt. This plan includes use of funds from the sale of propeny and approximately $2,5 million per year in tax increments. The ARA currently has t)1ree (3) hotels in Arcadia which have paid over $6 million into the City's General Fund in Transient Occupancy Tax. There three (3) more hotels. one (I) under construction and two (2) coming on line. These six (6) hotels should increase the City's General Fund revenues up to $1.2 to $1.5 million per year when they are all up and operating, The ARA has completed projects in various blighted areas of the City which has resulted in thriving businesses, One of these businesses' is the Souplantation which brings in about $25,000 a year in sales tax revenues to the City. The ARA has completed many projects the citizens may not be aware of some of which are: the Arcadia Medical Center, American Title office, California State Bank and other offices at 444 E, Huntington Drive, Arcon-Schaeffer Brothers Bldg., Outback Steakhouse, the KB Construction office and many other ARA projects. Mayor Harbieht stated he is proud to be part of the ARA and feels it is a significant achievement for the City, Peter Kinnahan has been the City's : Economic Development Administrator, assisted by Dale Connors, The ARA has been very effective. and a positive influence for the City, Gail Marshall, 2300 Block Lee Avenue, had a question and concern regarding a recent incident on Fourth Avenue that is rumored to have involved a robbery and stabbing; \\,th television news reponing that whcn 911 was called there was a busy signal. Could there be a reasonable I 6 11/18/97 I I I 9, YOUNG (Santa Anita Fashion Park) 39:0280 explanation for the busy signal or was it being investigated, Police Chief Garner responded that he heard the same rumor and the department is investigating the situation, When 911 is called and one line is being used, the call is immediately rolled over to the next line in the series, so technologically it is not possible for a caller to get a busy signal. The Chief verified that a stabbing and home robbery did occur in this incident. , , , "j. Lvle Wilson thanked the City Council for their "energy and efforts, and staying late at the November 4, 1997 meeting in an attempt to resolve thei' City's financial problems, Dr, Chang was also thanked and commended for his attendance at the last Human Resources Commission meeting. Mr. Wilson noted that he read a Pasadena Star News article about pay raises for City managers and supervisors and has misgivings due to current fiscal problems, He felt some City managers and/or supervisors probably deserve a pay raise but cautioned the Council against granting blanket pay raises until there is assurance there will not be continued budget shortfalls. He suggested in lieu of position reclassifications that funds e"'J'Cnded for such reclassifications could provide pay raises for others within the management/supervisory ranks, Mr. Wilson also stated that his comments to Council are not intended as personal attacks and his comments should not be perceived as such. Mayor Harbicht commented the City has approximately twelve (12) commissions that handle various aspects of City government; there is a Councilmember liaison to each commission. The liaison attends all commission meetings (Dr, Chang is liaison to the Human Resources Commission) to bring back information to the City Council. The Mayor also remarked that the newspaper article regarding the pay raises was different from the actual events that occurred. There was no demand for pay raises and it is not foreseen that pay raises will be given this year. The memo from management personnel simply stated they had not received a pay raise in four (4) years, and that if and when the City is in a financial position for Council to consider salary increases. that this group be considered along with all other bargaining units within the City. Marshall Mouw, Mayor Pro tem, City of Glendora, President of the Los Angeles County Division of the League of California Cities, thanked the City Coul)cil for their membership and participation in the League of California Cities and in particular the L.A. County Division. The relationship shared between the City of Glendora and the City of Arcadia has been hannonious and productive while working on common projects; he wants to See this relationship remain and will do everything he can to ensure it. Mayor Harbicht commented on the Council's discussion earlier in the evening with Assemblyman Margett regarding deregulation of electrical service; the tracking of utility tax revenues from the new electrical service providers is a Concern of the City of Arcadia and that the League may want to explore. and hopefully find a common solution for League members. MA TIERS FROM ELECTED OFFICIALS Councilmember Young announced the kiek-{)ff of the holiday shopping season, She stated that from Thanksgiving through the Christmas holidays the Arcadia Police Department will team up with Santa Anita Fashion Park to provide the safest shopping environment in Southern California. Security coverage and police patrols will include interior foot patrols, exterior mounted police patrols, and amateur ham radio operators maintaining strategic posts on the mall roof for parking lot observation, If suspicious activity is observed by the ham radio operators, police officers \\ill be dispatched immediately to handle the situation. For the last six (6) years this cooperative security effort has kept themall free of serious crime during the holidays. making shopping a safe and pleasant experience, 7 11118/97 (League of CA Cities) KUHN (S,G. Valley Comm, Dev, Corp,) CHANG (Heart Walk '97) 39:0281 Mrs, Young allended the Lc.1gue of California Citics' meeting last wcek, duc to lack of quorum business could not be conductcd, I Councilmembcr Kuhn rcmindcd thc citizens and thc busincss community that the City of Arcadia is a member of the Greater San Gabriel Valley Community Dcvelopmcnt Corporation; this group is available to assist busincsses with loans to foSter' ~conomic development. t .':' Mrs, Kuhn wished all a Happy Thanksgiving and expresscd her thanks for the wonderful City of Arcadia and the staff who work hard to make it so. Council member Chang noled that he. Mayor Harbicht and a number of City employees participated in Heart Walk '97 on Saturday, November 14, 1997 at the ArtJoretum which resulted in a donation of approximately $1,600 to the American Heart Association, (White Oak Fire) Dr, Chang commended the firefighters who provided coverage on the recent White Oak fire, some of whom were injured, He noted they risked their lives and health to save the residence; their courageous act deserves respect. (City Council) Referring to Mr. Wilson's comments regarding City Council and staff, Councilmember Chang e,;pressed his belief that Council and staff have been working with the citizens for the benefit of the entire City, Councilmembers are elected by the citizens and should represent the citizen's concerns. (Home Imprv, Program) Dr. Chang read an excerpt from a thank you leller sent by Joe and Nora Marinay expressing their sincere gratitude for the home repair grant they received through the Community Development Block Grant's Home Improvement Program, They are very happy and satisfied with the work performed on their home, I (Arcadia Councilmember Chang allended the Arcadia Educational Foundation kick~ff party on Friday, Education Fein.) November 13, 1997. This was a kick~fffor the foundation's $2,5 million classroom computer and modern technology program, He encouraged support of this program stating everyone will benefit, those with children in the Arcadia Unified School District (AUSD), and those who do not, are investing in the future of the City KOVACIC (Jt. Mtgs. with City of Monrovia) (Graffiti Removal Prog,) (Festival of Bands) Mayor Pro tern Kovacic e"pressed his pleasure that the City Manager and Fire Chief are having meetings with the City of Monrovia discussing and exploring mutual cost saving measures for both fire departments, Joint purchasing, joint emergency operations and other safety matters were some of the topics discussed, , He encouraged them to continue with these meetings, Mr. Kovacic thanked Donna Butler, Community Development Administrator.. for her memorandum regarding the Graffiti Removal Prograni, During the month of September 1997 144 graffiti locations were identified and the graffiti removed at a cost of $2,106. For FY 1997- 98 $24.500 was allocated for this program; he encouraged the citizens to notify the City through the Graffiti Hot Line so that the graffiti could be rcmoved as soon as possible, Mayor Pro tern Kovacic reminded everyone of the Festival of Bands to take place on Saturday, November 22, 1997 with the parade on Baldwin A vcnue beginning at 9:00 a.m" and Field Shows at Citrus College, He encouraged everyone to show thcir support of Arcadia by attending this : grcat community event. Council members and Board of Education members will be participating in the parade. I 8 11/18/97 I I I 39:0282 Mayor Harbicht announced the City of Arcadia's Holiday Festival and Tree Lighting Ceremony to take place on December 3,1997,4:30 - 6:30 p,m. on the west lawn of City Hall, There will be a number of events taking place. such as the Friends of Foster Children with their Sugar Plum Tree, and the Arcadia Board of Realtors Can Tree food drive, The Mayor guaranteed it will snow in Arcadia on December 3rd and encouraged ,everyone to bring their children to enjoy it. , 0". f .'.J (Holiday Theme The Mayor announced that the City held an art contest for the design of holiday themes in the Contest fourth grades at Highland Oaks School. There were a great number of entries, it was a difficult Winners) decision to select the winners, There were four (4) Honorable Mention winners: Rachel Picard, Mary Kay, Jonathan Chu, and Jenny Sing, Two of the winners will be invited to the Tree Lighting Ceremony to throw the switch that will light the Christmas tree; Scott Brown and Nora Atkinson, Mayor Harbicht displayed the winning artwork, HARBICHT (Holiday Festival) (Overnight Parking) (Washington. D.C, visit) 10, Mayor Harbicht requested City Attorney Mike Miller summarize the possibilities and barriers of the City having a different overnight parking rate for R-I zones and Multi-Family zones. Mr. Miller reported that an interim report was disseminated in mid-October regarding this issue indicating that the permit fee needed to be related to the cost of enforcement. If it could be shown there is a differential of enforcement in multiple family vs single family zones, then there could be a differential fee but that the fee should not exceed the City's cost of enforcement. lfthe fee exceeded the cost of enforcement it could be construed as a special tax, but there is some leeway in setting the overnight parking fee amount. This is still an open issue, Council can agendize and discuss the variables on this matter, In response to Council questions, Attorney Miller, responded that under the current permit ordinance applicants must attest on their application that their garage is available for parking, that they have not used it for purposes other than parking, the problem comes with enforcement but could result in revocation of the permit. Council expressed a desire to review this issue and requested further study by staff to be brought forward at a future Council meeting. Mayor Harbieht reported on his visit to Washington, D, C,. to lobby for the City Water Department for eXl'ansion of a federal program that provides funds for earthquake retrofit of water systems, The Corps of Engineers recently completed a study of the water systems for the Cities of Arcadia and Sierra Madre and the effects a 7.2 magnitude earthquake would have on that system. The study showed that Arcadia could eX'jlCCt significant damage in such a case, recommended remedial actions the City could take to retrofit the system. estimated costs of the retrofit, and estimated the resulting savings the City could expect if the retrofit is completed. The City has started into the design phase of doing some of the retrofit. The purpose of the Mayor's trip was to explore the possibilities of the federal program being expanded to assist cities with the construction costs for such retrofit. The Mayor attended seventeen (17) meetings in two (2) days, the results of which will not be known until Spring 1998, Hopefully these meetings will yield funds to the City of Arcadia, MEETING OF THE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCIL ROLL CALL PRESENT: : ABSENT: Agency Members Chang, Kovacic, Kuhn, Young and Harbicht None 9 11118/97 lOa. DOWNTOWN HOLIDAY LTG, (APPROVED) 39:0283 City Manager Kelly introduced this request to considcr lighting for the downtown area in conjunction with the Arc.1dia Business Association (ABA), Economic Development Administrator Peter Kinnahan presented the staff report and the proposed concept to Council. Discussion with Maintcnance Services. Garlal)d ~oberson (ABA), and Economic Development resulted in this proposal. The lights (white and red) will ~ purchased by the ABA utilizing their own private funds; the City will provide the labor and maintenance to do the electrical conversion, a single City worker and a single City lift truck will be needed to string the lights on the palm trees; an ABA volunteer will assist the City worker in the light stringing; stringing lights on the light poles will be handled by the downtown merchants, The City Attorney indicated the ABA and volunteers will be required to sign and execute a hold harmless agreement with the City, The total costs to the Redevelopment Ageney is approximately $5,590 for this fiscal year; a contribution by the ABA is approximately $2,000; for a total project cost of approximately $7,600 for this fiscal year. In response to the Ageney, Mr, Kinnahan stated in part that the white lighting placed in the palm trees would remain in place year-round, and that the red lights installed on the light poles would be removed after the holiday season and stored for next year's use by the ABA. Mr, Kinnahan explained the criteria used to support this project - the Downtown 2000 project included a budget for decorative lighting (a long-term policy goal of the project), the ABA's approach to the City and its voluntary donation of money and labor, and Redevelopment Agency funds are only available for use in the downtown area, I Garland Roberson. ABA President, outlined the ABA's support of this project with the merchants donating the funds and Arcadia service organizations involvement. Agency Member Chang complimented Mr, Roberson for his involvement and efforts in the I downtown redevelopment area and stated Mr, Roberson is a good example for others to follow, Mayor Harbicht echoed these comments and stated he is excited about the positive actions by the ABA merchant's involvement in the project, It was MOVED by Agency Member Kuhn, seconded by Agency Member Chang and CARRIED on roll call vote as follows to ALLOW the Arcadia Business Association to hang decorative and holiday lights in the downtown area as set forth in the November 18, 1997 staff report after execution of a Hold Harmless Agreement by the ABA and by all volunteers as prepared by the City Attorney; and that the Redevelopment Agency AUTHORIZE the e,:penditure of no more than $5,590 in FY 1997-98 funds to assist the Arcadia Business Association for !he installation of decorative holiday lights downtown, as set forth in said staff report, A YES: Agency Members Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ' ABSENT: None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to November 25, 1997 at 6:00 p.m, 11. lla, LTR. OF AGRMT, METHODIST (APPROVED) THE CITY COUNCIL RECONVENED CONSENT ITEMS AUTHORIZED the City Manager to execute a Leller of Agreement between the Methodist Hospital of Southern California and the City of Arcadia regarding services for City employees who sustain an industrial injury or illness. for the period of June I. 1997 through June 30. 1998, 10 11118/97 I I I I 39:0284 llb, ()370 c<;;) AWARD AWARD CONTRACT to Leader Industries, Inc., in the amount of $99,308,55 for the purchase CONTRACT of one rescue ambulance for the Fire Department Paramedic Program; AUTHORIZE the City (Fire Dept. Manager to execute said contract in a form approved by thc City Attorney. Ambulance) , (APPROVED) 'It. , llc. 031(c) :10 APPROP, APPROVE the appropriation of $2,500,00 in the Equipment Replacement Fund to purchase a 24 FUNDS sheet collator from Economy Bindery for the City Print Shop. (print Shop Collator) (APPROVED) lld. Ono G~O FINAL MAP- APPROVE Final Map No. 52253 for a 5-unit residential condominium project at 401 W. TR. 52253 Fairview Avenue provided that before the final map is recorded all outstanding conditions of 5-Unit Condo) approval shall be complied with to the satisfaction ofthe City Engineer. (APPROVED) II e, () 7.$ 0..'9 () ACCEPT PRO]. ACCEPT all work performed by Best Roofing Company for reroofing of City facilities, (Reroof City Facilities) (Best Roofing Co,) (APPROVED) ALL OF THE ABOVE CONSENT ITEMS Ila. b, c, d AND e, APPROVED ON MOTION BY COUNCILMEMBER CHANG, SECONDED BY COUNCILMEMBER KUHN AND CARRIED ON ROLL CALL VOTE AS FOLLOWS; AYES: NOES: ABSENT: Council members Chang, Kovacic, Kuhn. Young and Harbicht None None llf. 09;20 -10 ACCEPT PROJ. Report and recommendation to accept all work performed by D & M Construction, Inc. for the (1997-98 1997-98 Concrete Repair Project. City Manager Kelly responded to Councilmember Chang's Concrete Repair question of the normal method utilized by the City for payment to a contractor, stating in part, Proj,--D & M that 10% of the contract amount is held by the City until Council's final acceptance of the project Const.) during the lien period; all other funds are paid within specifications of each particular contr3ct, It was MOVED by Council member Chang. seconded by Councilmember Young and CARRIED on roll call vote as follows to ACCEPT all work performed by D & M Construction, Inc" for the 1997-98 Concrete Repair Project. AYES: : NOES: ABSENT: Councilmembers Chang. Kovacic. Kuhn. Young and Harbicht None None II 11/18/97 12. 12a. UTILITY TAX INCREASE (April 14, 1998 Gen. Muni, Election) 10 3CJ -1"- 39:0285 CITY MANAGER I City Manager Kelly presented information requested by Council at the November 4, 1997 meeting regarding an increase in the City Utility, Tax, In part, Mr, Kelly stated: earmarking funds from the tax for specific arcas or projects is:pos~i~le. but that changes it to a special tax requiring 2/3's voter approval rather than a simple majority; a "sunset" clause to call for an automatic reversion to a lower tax rate, or an incremental "sunset" clause can be included in the document language; by ordinance the City Council has the authority to lower the Utility Tax; agendization deadline for deliberation and approval of all pertinent resolutions to get the Utility Tax on the April 1998 ballot is January 6, 1998; expected City revenues if the Utility Tax is approved by the voters is $700,000 for each 10/0, i,e,. 1% = $700,000, 2% = $1.4 million, 3% = $2,1 million. City Attorney Miller verified that an increase in the Utility Tax can only be put before the voters at an election at which Councilmembers are being elected, however he believes a Special Tax (requiring a two-thirds approval vote) can be dealt with at a special election at a time other than an election of Council members, Mayor Harbicht commented on the Fire Assessment District turned down by the voters, reviewed the recent expenditure reductions completed by Council, and stated he felt the budget shortfall should only last another two to four years; the outlook for the city appeared to be "rosy" due to the redevelopment projects coming on-line and projected increased revenues for the City. His opinion is that if a Utility Tax increase is put before the voters. the voters may believe the recently cut City programs will be restored with the funds derived from the tax increase, The Mayor's assessment of inclusion of a "sunset" clause on the Utility Tax increase would be a I prudent action to take. and his suggestion was that if an increase is put on the ballot it should be at two percent (2%), Mayor Pro tern Kovacic stated that with the very painful budget reductions made, there appears to be the possibility of having a balanced budget in 1998-99, The level of City services offered to Arcadians will be lower than services previously enjoyed. Mr. Kovacic e"pressed his desire to not just restore programs but to enhance them, Three components which would enable the City to enhance programs are expenditure reductions, which the Council has done; a commitment to economic development, which is a primary goal and commitment of the Council, and additional revenues, Arcadians pay far less for much better services than citizens in other San Gabriel Valley cities, Mr, Kovacic believes there is community support possibly for a short-term Utility Tax increase; the best determination will be to put it to a vote, If a Utility Tax increase was carefully written ,vith a "sunset" clause for 4 or 5 years. ,vith specific provisions that Council would have the authority to reduce the tax and never increase it, and have the increase be no more than two percent (2%) Mr. Kovacic would be in favor of putting it on the ballot. He also felt it is important for Council to discuss the need for a citizen's committee to promote the utility tax increase which would serve two purposes; facilitate citizen's accessing information from the City, and being a source of information to the City from the citizens, Involving the citizens in this way would be a good idea, : Council member Young SUIted she felt the citizen committee would be unnecessary; she receives many calls from citizens and enjoys obtaining requested information and responding to them, Mrs. Young expressed concerns about inclusion and wording ofa "sunset" clause, I Counci/member Kuhn stated a grassroots groundswell elTort of support will be necessary for passage of an incrc.qsed Utility Tax. 12 I 1118/97 I I I 39:0286 In response to Mayor Harbicht's qucstion regarding the City's costs for putting the Utility Tax increase on the ballot. City Clerk June Alford responded that costs would be minimal because it will be in conjunction with the election of Councilmembcrs and there will be another measure on the ballot regarding Library employees, There will be increased costs in the printing of the ballot and sample ballot pamphlet; estimated costs can b,e ?btained if desired, I ,'.J Councilmember Chang stated that the expenditure redu~tions Council completed has resulted in savings for the City for the present and future, There should not be any more increased burden placed on the citizens, rather revenue increases should be sought through increasing sales tax revenues, which will probably happen in the next two years, These monies Could be utilized to restore programs cut in the last two years. His opinion is that a "sunset" clause should be no longer than 5 years; in principle the City should live on what we have, not on borrowed money. After all the expenditure reductions the Council has approved, causing some inconvenience to the citizens, the citizen's burden should not be increased. Dr, Chang concluded that he is not in favor of a Utility Tax increase, Discussion continued regarding a "sunset" clause, saleability of an increased tax. suggested amounts of tax increase, possible financial status of the City in four to five years, restoration or enhancement of programs, community forums and/or citizen's committee, vision for Arcadia, utilizing reserve funds for balancing the budget, effective date of increased tax if approved, etcetera, It was MOVED by Mayor Pro tern Kovacic, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to DIRECT staff to prepare the necessary resolutions and documents to place an increase in the utility tax on the April 1998 ballot; the increase should be two percent (2%), include a "sunset" clause offour (4) years to coincide with the next Council election, and with the provision that the Council has the authority to reduce that amount, but does not have any authority to increase that amount, and that a citizen's committee be appointed with each Councilmember appointing one (I) member of that committee to act as a vehicle for information and "carry the banner" for the proposition. AYES: NOES: ABSENT: Councilmembers Kovacic, Kuhn, Young and Harbicht Councilmember Chang . None 13, CITY A TIORNEY 13a, ORDINANCE The City Attorney presented for adoption and read the title of ORDINANCE NO, 2080: "AN NO. 2080 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA (ADOPTED) AMENDING THE ARCADIA MUNlClPAL CODE BY ADDING A NEW SECTION 3214,1.2 Ot/{~..;. ,'I,' AND AMENDING SECTION 3214,13 RELATING TO THE UNIFORM TRAFFIC ORDINANCE," It was MOVED by Councilmembcr Kuhn. seconded by Council member Young and CARRIED on roll call vote as follows thai ORDINANCE NO, 2080 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Councilmembcrs Chang. Kovacic, Kuhn. Young and Harbicht None None 13 11/18/97 13b. ORDINANCE NO, 2081 (ADOPTED) 0<.(70_ 18 YOUNG (In memory of Jean Hoard) 39:0287 The City AlIorney presented for adoption and read the title of ORDINANCE NO. 2081: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING CHAPTER 9 TO ARTICLE VII TO THE ARCADIA MUNICIPAL CODE (SECTIONS 7910 THROUGH 7914) REGARDING CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC STREETS' AND AREAS INCLUDING THE CIVIC CENTER," ' In response to Council's question regarding the penalty for violation of this ordinance City AlIorney Miller responded in part that all ordinances passed by the Council are governed by a general penalty clause in the City Charter and in the Municipal Code deeming any violation of any City ordinance to be a misdemeanor violation carrying a rather significant penalty. It was MOVED by Council member Young, seconded by Council member Kuhn and CARRIED on roll call vote as follows that ORDINANCE NO. 2081 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Council members Chang, Kovacic. Kuhn, Young and Harbicht None None Councilmernber Young announced that she would like to adjourn the meeting in memory of Jean Hoard, 'Tonight it is with sadness that I would like to inform everyone that Jean Hoard passed away on November 10, 1997, She will be missed because she was very active in the community. She was predeceased by her husband, Claude Hoard; she is survived by a step-son, a son, a daughter, four grandchildren, and one great-grandchild. Jean was one of the instigators in starting Meals On Wheels in the City, she was active in the Red Cross, HEAR Organization, HOY, the Methodist Hospital Foundation. Arcadia Athletic Club, and was always active on the election board, She was an avid bridge player, Many people will remember her as an avid horse racing fan, Memorial services were held Saturday, November IS. 1997. In lieu of flowers contributions may be made in her name to any charity of choice, I adjourn the meeting in honor of Jean Hoard," ADJOURNMENT At 9:20 p,m, the Regular Meeting of the City Council ADJOORNED to 6:00 p.m" Tuesday, (Nov, 25. 1997) November 25, 1997 in the Conference Room of the Council Chamber for an Adjourned Regular meeting to conduct the business of the City Council and any Closed Session necessary to discuss personnel, litigation mailers or e\'aluation of properties, A TrEST: /~~~ Roben C. Harbichl. Mayor of the City of Arcadia ,. ... I III 8/97 I I I