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HomeMy WebLinkAboutFEBRUARY 1,1994_2 1 I 36:0033 OlltJ.!)"O O~o/9<1 r. C. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY I, 1994 The City Council and the Arcadia Redevelopment Agency met in a regular meeting on Tuesday, February I, 1994 at 7:30 p. m. in the Arcadia City Hall Council Chambers. Rev. Roger Kramer, Arcadia Christian Reformed Church Rose O'Sullivan, Arcadia Senior Citizens' Services Supervisor PRESENT: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None ABSENT: MINUTE On MOTION by Mayor Pro tem Lojeski, seconded by Councilmember APPROVAL Margett and CARRIED, the minutes of the adjourned and regular (Jan.4,1994) meetings of January 4, 1994, the work session of January 11, 1994 (Jan.ll,1994)and the adjourned and regular meetings of January 18, 1994 were (Jan.18,1994)APPROVED. (APPROVED) ORD. " RES. READ BY TITLE ONLY PASADENA STAR NEWS (Johnson) 1. la. APPLICATION OLDER AMER. ACT. TITLE III GRANT FUNDS (1994-95) (APPROVED) eilJ.O.7f? It was MOVED by Councilmember Margett, seconded by Councilmember Harbicht and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. Mayor Ciraulo introduced and welcomed Mr. Eric Johnson. Mr. Johnson is a reporter from the Pasadena Star News who will be covering the activities of the City of Arcadia. BOARDS AND COMMISSIONS For the past sixteen years, the City Council has authorized staff to submit a proposal for federal funds under Title III of the Older Americans' Act. The Arcadia Senior Citizens' Services Department has received these funds to provide social services to older persons in Arcadia and Temple City. The deadline for application is February 15. The funds that are received annually are used towards the expenses of personnel, operational support and supplies in providing social services for area residents who are 50 years and older. The 1994-95 estimated budget will be $120,000. The final budget will be reviewed during the City's budget process. It was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to AUTHORIZE staff to write and submit a proposal for funding for the Title III Grant Program in an amount of approximately $120,000 for 1994-95; APPROVE fifty percent of the time of the Senior Citizens Supervisor and related overhead be provided as an in-kind match; and AUTHORIZE staff to enter into a contract for the 1994-95 fiscal year; and AUTHORIZE the Director of Recreation to sign the application and the contract. . 1 2/1/94 2. 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (Jan.18,1994) (APPROVED) 4c. ADJOURNMENT 5. 6. MARGETT (City Council Agenda Items Information) (Wilderness Park Update) (Assemblyman Mountjoy Save Our State Initiative) IO.o.qD 36:0034 AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: AUDIENCE PARTICIPATION Johanna Hofer, 875 Monte Verde Drive, stated, in part, that with regard to Ordinance No. 2003 on tonight's agenda, the City should take steps to make sure that the large homes being built in the City are not homes for five or six separate families. Also, she thinks the City should enact tougher building codes to make sure Arcadia is safe when earthquakes occur. She was disappointed that the petition she presented previously containing sixteen citizen signatures was not given a public hearing. 1 CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Fasching, Harbicht, Loj eski, Margett and Ciraulo ABSENT: None On MOTION by Agency Member Lojeski, seconded by Agency Member Fasching and CARRIED, the minutes of the meeting of January 18, 1994 were APPROVED. The meeting ADJOURNED to 5:30 p. m., Tuesday, February 8, 1994. CITY COUNCIL RECONVENED MATTERS FROM ELECTED OFFICIALS Councilmember Margett noted that residents who wish information regarding City Council agenda items should contact the City Clerk and request they be placed on the agenda mailing list. He also expressed the hope that the newspaper might be able to be of assistance in informing the citizens about upcoming City Council agenda items, Councilmember Margett requested an update on Wilderness Park. Staff will provide a report to Council. Councilmember Margett noted that State Assemblyman Dick Mountjoy is starting an initiative called S.O.S. - Save our State. This concerns illegal aliens who cost the State of California five billion dollars per year, This initiative will include the stipulation that any person who manufactures, sells or distributes false I D documents will be severely punished by a prison term and a fine of up to $75,000. It also requires that law enforcement officers cooperate with U. S, Immigration and Nationalization Service, so that if an individual is arrested, there is a cross reference between those agencies. The initiative also will exclude illegal aliens from publicly funded services except for emergency health problems. Those illegal aliens would be excluded from educational agencies requiring additional monies, to the criminal justice system or the health system. Mr, Mountjoy has a petition for an such an initiative which can be signed by those in favor of such an initiative at his office on First Avenue in Arcadia, I 2 2/1/94 1 1 HARBICHT (Public Works Dir.Lopez - Grandfather) (Pasadena World Cup Games - Banners) (Homes Shared by Multiple Families - Legal Status) CITY ATTORNEY (Homes Shared by Multiple Families - Legal Status) FASCHING (New Calif. Sales Tax - CableVisioIl) (Police Dept. Ut iliza- tion of Reserve Officers) 36:0035 Councilmember Harbicht congratulated Public Works Director Lopez on becoming a grandfather again to Amber Nicole. Councilmember Harbicht commented on an article from the Newsletter regarding banners advertising the upcoming World Cup games in Pasadena. Consideration is being given to modifying Arcadia's permit requirements to include as. general criteria singular events of a regional nature. He wonders if we want to make it a requirement that the event be of a regional nature. Perhaps consideration should be given to changing that criteria slightly. It was the consensus of Council to delete "regional" from the ordinance, ' Councilmember Harbicht commented with regard to Mrs. Hofer's remark that Council is allowing five or six families to live in the same home. People need to be aware that there was a California Supreme Court case about ten years ago that had to do with a case 'where a number of people who used to be called hippies were living together in a Santa Barbara residence. That City tried to do something about this on the basis of the single family residential neighborhood concept. The case eventually went to the California Supreme Court which struck down the definition of "family" which was used by virtually every city in California, We have what we call single family residential zones, but in fact, the word, "family" has no meaning. By striking down that definition, the Supreme Court took away from the cities the right to define what is a family. Basically, the Supreme Court said that a family is any group of people who want to call themselves a family, While I may be concerned about the fact that what I consider to be several families living together in a home, there is nothing that city officials can do about it. The City Attorney concurred. Since the Supreme Court decision in the case of Santa Barbara vs. Adamson, no city has been able to deal with that situation. Recently the City of Santa Ana tried to get around it by including certain occupancy standards in their building code. The court ruled that was subterfuge to try to get around the Adamson case, and threw those statues out. Basically, city councils in the State of California cannot legislate such restrictions. Councilmember Fasching referred to the January 27 newsletter which mentioned a sales tax on equipment rental which CableVision will include in their billings starting in March. In response to Councilmember Fasching's request for explanation, staff said that CableVision will start to apply the sales tax to the rental units and remotes because such items have now been broken out and segregated, as opposed to buying or renting a package. Each item has been determined by the State Board of Equalization to be a sale or rental use. This is a result of the recently enacted Cable Act. Councilmember Fasching doesn't think the Cable Act has done anything for us and understands that it is being re-studied. Councilmember Fasching would like to know more about the legality of this application of the State sales tax. Councilmember Fasching noted that at the last meeting, Council authorized the purchase of six cars for the Police Department to be funded from thc Equipment Replacement Budget. Councilmember Fasching suggested to the Acting City Manager that perhaps the police cars being replaced could be retained and maintained by the Police Department for the use of reserve police officers for patrol duty. He understands that certain parameters control the use of the reserve officers. He has requested that the Acting City Manager discuss this proposal with Police Chief Johnson and obtain his comments. 3 2/1/94 LOJESKI (Arc.Chamberl Connnerce - Mrs. Ciraulo) (Council Packet Material Delivery) 7. 7a. 7b. 7c. SB 821 BICYCLE & PEDESTRIAN o ';-~d -.loFUNDS APPLICATION RESOLUTION NO. 5766 (ADOPTED) 7d. FY 1993-94 TRANSPORT- ATION DEVELOP. ACT FUNDING FOR DIAL-A- RIDE RESOLUTION NO. 5769 (ADOPTED) :;JZf ..:lD- .'J ,) 7a. USED OIL RECYCLING PROGRAM FUNDS (Chief Auto Parts) (APPROVED) Oi'.;:l() " i/J 7b. WORK ACCEPTED (1993-94 Annual Tree Maint.Prog. Var.Streets Job No. 577 (APPROVED) o q ().U ~ ,?() 36:0036 Mayor Pro tem Lojeski noted that has honored Mrs. Carole Ciraulo and offered congratulations. the Arcadia Chamber of Commerce as Business Person of the Year Mayor Pro tem Lojeski noted that Council is receiving agenda packets of Council meeting material on Wednesday and some on Thursday. He would appreciate receiving all of this material at the same time, preferably on Thursdays. Councilmembers agreed, CONSENT ITEMS Considered separately (see below) 1 Considered separately (see below) ADOPTED Resolution No. 5766: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR 1993-94 BICYCLE AND PEDESTRIAN FACILITIES FUNDS AUTHORIZED UNDER SB 821. This resolution AUTHORIZES the Public Works Director to sign claim forms for monies available under the provisions of SB 821. ADOPTED Resolution No. 5769 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR THE OPERATIONS OF THE CITY OF ARCADIA DIAL-A-RIDE FOR FISCAL YEAR 1993-94". THE ABOVE CONSENT ITEMS 7c., RESOLUTION NO. 5766 AND 7d., RESOLUTION NO. 5769 WERE ADOPTED ON MOTION BY MAYOR PRO TEM LOJESKI, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: It was MOVED by Councilmember Margett, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to APPROPRIATE $10,641.02 from the Solid Waste Management Fund to pay for the Used Oil Recycling Program until grant funds are received from the State. I AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES ABSENT: It was MOVED by Councilmember Margett, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to ACCEPT the project and AUTHORIZE final payment to be made to Trimming Land Co" Inc, in accordance with the contract documents for the 1993- 94 annual tree maintenance program on various streets - Job No. 577, The work consisted of the trimming of 777 trees at various 4 2/1/94 ,I 1 8. 8a. ARS SR. GOVERNMENT CLASS (Approp. for Travel Expenses) (APPROVED) ()/<,O-?o 8b. EXTENSION TO EXCLUSIVE RESIDENTIAL REFUSE AGREEMENT (Arcadial Newco - 3-1-94 to 6-30-96) RESOLUTION NO. 5767 (ADOPTED) O/i'.l.(} .~O 36:0037 locations. The final contract amount of $51,117 was funded from the 1993-94 Public Works Department Operations Budget ($48,180) and the approved Parking District COlDIDission Budget ($2,937). Ten percent (10%) retention payment becomes due and payable 35 days after Council acceptance upon completion of all corrections of record. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: Councilmember Margett requested a report from staff comparing the costs for City crews to trim city trees, keeping in mind that there is a contractor who_ can trim trees for approximately $65/per tree. Staff responded that the question of outside contracting for such projects is already under consideration for the trilDlDing of all City trees. CITY MANAGER I t was MOVED by Councilmember Harbicht, seconded by Councilmember Fasching and CARRIED on roll call vote as follows to APPROPRIATE $500 from the General Fund for contribution to the Arcadia High School senior government class to assist with travel expenses to Sacramento and Washington D. C. for the "We the People, the Citizen and the Constitution" competition. Councilmember Harbicht noted that last year the Arcadia High School senior government class won the National Championship in Washington, D. C. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: Consideration of NEYCO Waste Systems request for a two-year extension to their current five year Exclusive Residential Refuse Agreement with the City. The City Attorney presented and read the title of Resolution No. 5767: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA, SETTING SERVICE RATES FOR THE MULTIPLE-FAMILY RECYCLING PROGRAM WITHIN THE CITY OF ARCADIA". Mayor Pro tem Lojeski explained that, although he had originally expressed concern about not going out to bid on this exclusive franchise agreement, this recolDIDendation for a two year extension agreement is before Council and, not to be in the minority, he will vote for it. It was MOVED by Councilmember Fasching, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows to APPROVE the extension to the five year Exclusive Residential Refuse Agreement between the City of Arcadia and NEWCO Waste Systems effective March 1, 1994 to June 30, 1996; AUTHORIZE the Mayor to sign said extension agreement after approval as to form by the City Attorney; and ADOPT Resolution No. 5767 adopting fees for the multiple family recycling program. AYES: Councilmembers Fasching, Harbicht. Loj eski, Margett and Ciraulo None None NOES: ABSENT: 5 2/1/94 9. 9a. ORDINANCE NO. 2000 (TABLED) o i:Jo - J e:J 9b. ORDINANCE NO. 2002 (ADOPTED) OC;-[f()_6~- 9c. ORDINANCE NO. 2003 (INTRODUCED) 0<;" .,).0 - ;;'l") 9d. CLAIM OF J.REDINGER (DENIED) !()'-/O -'It) f'I,.:,' 36:0038 CITY ATTORNEY On recommendation of the City Attorney, it was MOVED by Councilmember Harbicht, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Ordinance No. 2000: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING PART 3 TO CHAPTER 1 OF ARTICLE V TO IMPLEMENT AND PROVIDE REGULATIONS FOR A COMMERCIAL AND INDUSTRIAL RECYCLING PROGRAM" be TABLED, subject to the City Attorney bringing it back to the Agenda for purposes of adoption or re-introduction. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None 1 NOES: ABSENT: The City Attorney presented and read the title of Ordinance No. 2002: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING VARIOUS SECTIONS TO CHAPTER 2, ARTICLE IX, OF THE ARCADIA MUNICIPAL CODE THAT REQUIRE THE SCREENING OF BACKFLOW PREVENTION DEVICES WITHIN ALL NEW MULTIPLE- FAMILY, COMMERCIAL AND INDUSTRIAL PROJECTS". It was MOVED by Councilmember Margett, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 2002 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Loj eski, Margett and Ciraulo None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 2003: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE TO ADD SECTION 8130.5.1 ADDING A SUBSECTION (F) TO SECTION 303 OF THE UNIFORM BUILDING CODE REGARDING RENEWAL AND EXTENSION OF BUILDING PERMITS WITH REGARD TO DORMANT PROPERTY IN THE CITY OF ARCADIA" . It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Harbicht, and CARRIED on roll call vote as follows that Ordinance No. 2003 be and it is hereby INTRODUCED. In response to a question from Councilmember Margett, the City Attorney explained that this ordinance would apply at the time the property owner comes in for a renewal or building permit extension. At that time, if the inspectors indicate there are problems with that property or, if it is in a dormant state 1 without improvements, the Building Department could withhold the renewal or permit extension until some assurances of clean-up results are obtained. In the event that the problem is one of dire financial problems, proof of this would be required. In the event the property is not maintained, the City will be able to clean up the property and bill the owner. AYES: Councilmembers Fasching, Harbicht, Loj eski, Margett and Ciraulo None None NOES: ABSENT: On recommendation of the City Attorney the claim of J, Redinger was DENIED on MOTION by Mayor Pro tem Loj eski, seconded by Councilmember Margett and CARRIED on roll call vote as follows: 6 2/1/94 1 I ge. CLAIM OF W.MONTGOMERY (DENIED) !()<-IO. L/C, 10. FASCHING (Business License Fees - Palm Readers) LOJESKI (In Memory of Mary L. Joseph) 11. ADJOURNMENT (Feb.8,1994 5:30 p.m.) ATTEST: 36:0039 AYES: Councilmembers Fasching, Harbicht, Lojeski, Margettand Ciraulo None None NOES: ABSENT: On recommendation of the City Attorney the claim of W, Montgomery was DENIED on MOTION by Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows: AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: MATTERS FROM STAFF None Councilmember Fasching noted that several meetings ago Councilmember Margett inquired how the $450 (corrected to $800) business license fee for palm readers came about. While reading some past City Council Meetings minutes, Councilmember Fasching discovered that Councilmember Harbicht had brought that new business license fee for palm readers to the Council. Mayor Pro tem Lojeski adjourned the meeting "in memory of a lady whose name is synonymous with the Senior Citizen activities in the community, the Senior Citizens Commission, the Senior Citizens Community Center, the housing project that took place prior to most of these amenities. Her name is Mary L. Joseph. Mary was married for many, many years to John Joseph. Her husband, John, is still active in seeing that the seniors are well represented in the community and the activities that we now see today. Mary passed away in Arcadia on January 23, 1994 at home. Up until her death, she was a very active member of the Golden Age Club of Arcadia and Holy Angels Catholic Church. She is survived by her sons, Ben and Anthony Joseph; daughter, Shirley Hall; brother, James Pasterella; eleven grandchildren and sixteen great grandchildren. Services were held at 7:30 p. m. at Holy Angels Catholic Church in Arcadia. Contributions may be made to her memory to the City of Hope. Arcadia has truly lost a real supporter, a real staunch citizen and a great lady. It is sad to see Mary Joseph pass away, but it is appropriate to adjourn this meeting in her memory." At 8:30 p. m. the meeting ADJOURNED to 5:30 p.m., Tuesday, February 8, 1994 in the Conference Room of the Council Chambers for an Adjourned Regular Meeting (Study Session) to conduct the business of the Council and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. ~JJ ~_~ e D. Alford, y Cler\ 7 2/1/94