HomeMy WebLinkAboutMARCH 16,1993_2
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031693
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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.
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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
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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)
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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.
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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."
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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)",
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3b.
CLAIM OF
D. WALTERS
(DENIED)
10'10 - yo
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3c.
CLAIM OF
1. ABSHIREI
ATHENA
ENGINEERING,
INC.
(DENIED)
'O:!O ' ;Ie)
4.
5.
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N5f'
BARBICHT
(Alhambra
Suit Re.
State
Approp'n
of Tax
Monies -
Support
by Arcadia)
(Cost of
Graffiti
Removal)
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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
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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.
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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
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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
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