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HomeMy WebLinkAboutMARCH 16,1993_2 I I ()//o - '-0 031693 35: 0064 C-c. CITY COUNCIL PROCEEDINCS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING MARCH 16, 1993 The City Council met in a regular meeting at 7:40 p.m., Tuesday, March 16, 1993 in the Arcadia City Hall Council Chambers. Rev. Gary K. Clark, Christian Center of Arcadia Water Division Manager, Eldon Davidson PRESENT: Councilmen Ciraulo, Harbicht, Lojeski and Fasching Councilman Margett ABSENT: On MOTION by Mayor Fasching, seconded by Councilman Harbicht and CARRIED, the absence of Councilman Margett was EXCUSED, MINUTE On MOTION by Councilman Harbicht, seconded by Mayor Pro tern APPROVAL Ciraulo and CARRIED, the minutes of the work sessions of February (Feb.23.1993) 23, 1993 and March 9, 1993, and the adjourned and regular (Mar.2.l993) meetings of March 2, 1993 were APPROVED. (Mar.9,1993) (APPROVED) ORD. & RES. READ BY TITLE ONLY SISTER CITY COMSN. (Johnson) (Efstathiou) tPl.2Q - 'ffO AM PEDESTRIAN SAFETY CITATION 1. 63~D-II:J !\1:,-P It was MOVED by Councilman Lojeski, seconded by Councilman 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 Jean Johnson and Dean Efstathiou, incoming members of the Sister City Commission, Mayor Pro tern Ciraulo, liaison to the Sister :ity Commission, presented the incoming Commissioners with their credentials and City pins and welcomed them to the Sister City Commission and the City family. PRESENTATION The District Manager of the American Automobile Association, Larry Venema, presented the 1991 AM Pedestrian Safety Citation to the City of Arcadia, There were no pedestrian fatalities in the City in 1991. The Award was accepted on behalf of the City by Police Chief Neal Johnson, AUDIENCE PARTICIPATION Sven Davidson, 831 Monte Verde Drive, stated, in part, that he is present chis evening because he is concerned about a letter he received from two former mayors of Arcadia which informed him that the Council is planning to incur a large amount of indebtedness on behalf of the City to pay for several large projects which the Council is planning. He is very much concerned about this because he does not feel that this is a conservative policy. It is his opinion that the City should spend money that has been saved for these purposes, rather than 1 3/16/93 2. 2a. WORK ACCEPTED (1992-93 Annual Tree Maint. Program - Job No.537) Dq YO -.,) (l Zb. CONTRACT AWARD (A.nnual Traffic Strip'g & Pave't Mark'g Prog. - Job No.540) OC/,20' C/O 3. CLOSED SESSION 0(10 - ,/0 3a. RESOLUTION NO. 5717 (ADOPTED) {N }C- -.'... ,- ,,\,-,'- ~ ,): J') ")) borrow such funds. A.rcadia has never had this kind of indebtedness, and he feels that the policy of the Council should continue to be conservative. Councilmembers and the Finance Director explained that, although a resolution has recently been adopted which would permit the Council to raise money by issuing bonds, this resolution was adopted to ensure that the Council would have this option now and for the future, if the decision should be made to raise funds in this manner. However, at the present time. Council has made no decision to proceed with actions which would result in incurring such indebtedness. CONSENT ITEMS ACCEPTED the project and AUTHORIZED final payment to be made to the contractor, Golden Bear Arborist in accordance with the contract documents. The work consisted of the trimming of 734 trees at various loc~tions in accordance with the 1992-93 annual tree maintenance program - Job No. 537. The final contract amount of $49,021 was funded from the 199Z-93 Public Works Department Operating Budget. The 10% retention payment becomes due and payable 35 days after Council's acceptance of work, and will only be released by the Director of Public Work on completion of all corrections of record. I AWARDED contract to Traffic Operations, Inc. in the amount of $54,033.00 for the: ,Z-93 annual traffic striping and pavement markings program - Job No. 540; WAIVED all informalities in the bid or bidding process; and AUTHORIZED the Mayor and City Clerk to execute a contract in a form approved by the City Attorney. THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN HARBICHT, SECONDED BY COUNCILMAN LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmen Ciraulo, Harbicht, Lojeski, and Fasching None Councilman Margett CITY ATTORNEY The City Attorney announced that, "the Council will be adjourning to a CLOSED SESSION this evening pursuant to Government Code Section 54956.9(a) to discuss litigation that has recently been initiated, It has been determined that this litigation is not subject to being identified this evening in public because such identification could prej udice settlement negotiations, This closed session is done pursuant to the California open meeting law which permits cities to meet to discuss certain 'items in closed session so as to protect the City and the taxpayers from any prejudicial consequence that could occur with rega:::d to disclosure at this time, and tonight's closed session is for purposes of discussing litigation, and we are also authorized to discuss certain personnel items in closed session." I The City Attorney presented and read the title of Resolution No. 5717: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND AUTHORIZING A RATE CHANGE FOR G & S TOWING (CITY CONTRACT FOR POLICE TOWING)", 2 3/16/93 3b. CLAIM OF D. WALTERS (DENIED) 10'10 - yo I 3c. CLAIM OF 1. ABSHIREI ATHENA ENGINEERING, INC. (DENIED) 'O:!O ' ;Ie) 4. 5. OJ 5>-0-7 ~" N5f' BARBICHT (Alhambra Suit Re. State Approp'n of Tax Monies - Support by Arcadia) (Cost of Graffiti Removal) ~~. )/1 ....:1 r' ' ~ II I j 5: ';0<),] It was MOVED by Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5717 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmen Ciraulo, Harbicht, Lojeski and Fasching None Councilman Margett On recommendation by the City Attorney, the claim of D. Walters was DENIED and remedial advise to be communicated to the claimant on MOTION by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Ciraulo, Harbicht, Lojeski and Fasching None Councilman Margett On recommendation of the City Attorney, the claim of L. Abshire/Athena Engineering, Inc. was DENIED on MOTION by Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Ciraulo, Harbicht, Lojeski and Fasching None Councilman Margett MATTERS FROM STAFF See page 4, \ MATTERS FROM ELECTED OFFICIALS Councilman Harbicht called attention to a letter from the Independent Cities Association regarding the suit filed by the City of Alhambra against the State protesting their taking property tax monies and cigarette tax monies to b~lance the state budget. The City of Alhambra has asked other cities to support them in this suit. The City of Alhambra requests that each of the cities contacted send a letter to the Supreme Court respectfully requesting that body to hear the petition. Councilman Harbicht feels that the City of Arcadia should do this, Council concurred and staff was directed to prepare such a letter. Councilman Harbicht expressed concern about the fact that the City of Arcadia spent just under $40,000 in 1992 for removal of graffiti from public property. This gives an indication of what the cost of this plague is to Arcadia, which actually doesn't have much graffiti compared to some of the other cities, Arcadia is spending a total of nearly $60,000 from General Fund monies for graffiti removal. This money could be spent in better ways to benefit our citizens if it were not for the graffiti problem. (Action by Councilman Harbicht commented on a letter received from the D. Butler Highland H~meowners' Association commending Donna Butler in the to Save Planning Department on the action she took to save a number of Oak Trees) oak trees which apparently had been earmarked for removal by the jaf',i9,ounty f.rom the flood control channel. After receiving the :~d' .. information from the homeowners, Donna contacted the County, fIlsr' explained Arcadia's concern, and the County voluntarily agreed not to remove the oak trees. Councilman Harbicht would like to publicly commend Donna Butler for. her action on behalf of the City. The Planning Director commented that the City and County are working together in a spirit of cooperation in such 3 3/16/93 j) : ~lijrJ ~ situations, and the City has taken a strong stand with regard to the environmental impact of removal of a large stand of oak trees. CIRAULO Mayor Pro tern Ciraulo called attention to another example of the (Cityl positive relationship that exists between the City and the School School District. The City has a public contract code that allows the District School District to purchase equipment and materials, supplies, Joint automotive vehicles and personal property through the City. He Purchasing) hopes the School District will take advantage of this joint purchasing power because it is a terrific opportunity for them. 0'>/, ..2 0 N" " (17iO - 10 rJrP LOJESKI (Wilderness Park Brochure) (Hotel and Other Business Promotions) FASCHING (CUP for Video Arcade) Councilman Lojeski stated that he has recently obtained from the Recreation Director a copy of a brochure now available at Wilderness Park which sets out information with regard to rules and regulations, animals, trees, design of the park, etc. This is just off the press and is well done. He asked the Recreation Director to forward copies of the brochure to the Councilmembers. Councilman Lojeski referred to letters from some of the hotels in the City which referred to the City's transit occupancy tax, and alluded to the fact that in other communities the transit occupancy tax monies go to various promotions of the hotels. He feels it should be pointed out that Arcadia does help fund various organizations such as the Chamber of Commerce which promotes the hotels and various other businesses in the Ci ty. Also, recently the Chamber of Commerce had the use, without :se, of the Community Center for an Business Expo Fair at which most of the hotels were represented, The City also contributes to tr.e Chamber of Commerce facility, These things should be put into perspective so that there is an understanding that the Council is in support of the businesses in the City. Mayor Fasching referred to a Conditional Use Permit (CUP) recently approved by the Planning Commission for a video arcade at 160 East Duarte Road. This Council can appeal the approval of this CUP at the meeting this evening if it so wishes. He realizes there are concerns about another video arcade in the City in view of some of the recent happenings. The Mayor reviewed the Planning Commission hearing on this proposal. He rationalized this approval for two reasons. One, that the youth of the City should have the right to do these things and, two, the fact that the people who are putting in the arcade seem to be planning to do it on a very high scale basis. The arcade will be well supervised, and the operations will close at 10:00 p. m. and will not open until 3:00 p,m. on school days. Also, there will be provision for adequate supervision and restrictions contained in the CUP. The Mayor was impressed with the presentation made by the applicant and the job the Planning Department did on the CUP. Perhaps Council should allow this to move ahead and see what happens, Council agreed, Mayor Pro tem Ciraulo noted it is something to keep an eye on. CITY The City Attorney stated that regulations regarding election ATTORNEY signs can be found in the Municipal Code, A summary has been (Election prepared by the Planning Department, and is available to anybody Signs in the community, He would urge any persons involved in the Regulations) elections to obtain this information. A violation of these regulations constitutes a violation of the Municipal Code. The 0., '((I' -SO main focus of the discussion at the pre-meeting was that of ri.sf election signs on public property. He would like to make it clear that ever since the United States Supreme Court sustained these types of regulations in the case of Vincent vs. Los Angeles, the City of Arcadia has enforced ordinances which prohibit the placing of these signs on public property. This 4 3/16/93 I I 0730.70LOJESKI N51' (Citizen Input to Library Remodel Project - Design I Camp) U6 %'<l .')Lf~SCHING (Downtown ;v>7 . Revitaliza- tion Project - Input from Citizens) FASCHING (In Memory of Dr. Keith McCulloch) 6. ADJOURNMENT (Mar.23,1993 5:30 p.m.) I ATTEST: 35:0063 includes the ClV1C center, community center, streets, sidewalks, parkways, medians. fences, public walls, parks, lawns, trees, utility equipment, railroad trestles. motor vehicles and any other objects on public property. The Municipal Code authorizes the removal of these election signs by appropriate City staff when they are found to be on public property. Councilman Lojeski noted that he is liaison to the Library Board and this is the week that Charles Walton & Associates, architects for the library, are conducting a design camp at the Library. Anyone interested in giving input to the design of the remodeling of the library is more than welcome to do so. The Library has specifically set aside Wednesday evening March 17 from 7:00 p. m. to 9:00 p. m. to receive input from the general public. Mayor Fasching said that the meeting which the Freedman Associates recently held at the community center regarding the revitalization of the downtown area was attended by well over 100 people from the community. The meeting was very enlightening. Freedman Associates laid out the general plan and perspective of what can take place downtown. A lot of input was received from the audience. Two future meetings are scheduled for that revitalization program, the first of which to be on March 29. Everybody is invited. "I'd like to adjourn our meeting tonight in memory of ur. Keith McCulloch who passed away Thursday, March 4. Dr. McCulloch was known to many people in the community as Chief of Staff of Methodist Hospital. He was a Fellow with the American College of Surgeons and the Royal College of Surgeons. His undergraduate education and medical degree were obtained at the University of Mannitoba in Winnipeg. He spent a year as a family practitioner in Mannitoba, followed by a surgical residency at the Albany Medical College in New York, He was Assistant Professor of Surgery at McGill University and was Surgeon in Chief at Lakeshore General Hospital in Montreal. Services were held March 9 at the Church of the Good Shepherd United Methodist. Dr. McCulloch was a long time resident of Arcadia, and is survived by his wife, Pepper; daughters, Karen and Heather; and sons, Read and Scott, We will all miss Dr. McCulloch," The City Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 9:00 p,m. to 5:30 p. m. on Tuesday, March 23, 1993 in the Council Chambers Conference Room for an Adjourned Regular Meeting (Work Session) and to conduct the business of the Council and any CLOSED SESSION necessary to discuss personnel, litigation matters and evaluation of properties. ~,,>J~J J D. Alford, Ci Clerk 5 3/16/93