HomeMy WebLinkAboutFEBRUARY 1,1994_2
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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. .
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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.
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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,
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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.
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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)
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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
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2/1/94
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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:
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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
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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\
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2/1/94