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HomeMy WebLinkAboutJULY 21,1992_3 I I 0/0;/ -~o t)?02.f~d!. = 34:0223 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND O~ FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (June 24,1992) (July 7,1992) (APPROVED) ORD. & RES. READ BY TITLE ONLY M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 21, 1992 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:45 p. m., Tuesday, July 21, 1992 in the Arcadia City Hall Council Chamber. Rev. Ron Fraker, Victory Chapel, Church of the Foursquare Gospel Public Works Director Joseph Lopez PRESENT: Councilmen Ciraulo, Harbicht, LoJeski, Margett and Fasching None ABSENT: On MOTION by Councilman Lojeski, seconded by Mayor Pro tern Ciraulo and CARRIED, the minutes of the study session of June 24, 1992 and the adjourned and regular meetings of July 7, 1992 were APPROVED. Councilman Margett ABSTAINED with regard to the July 7, 1992 meetings since he was not present. It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Harbicht and CARRIED that ordinances and resolutions be read by title only and that the reading in full be waived. PRESENTATION OUTGOING 01.,20 -~O On behalf of the City Council, Mayor Fasching presented a LIBRARY BD. plaque expressing appreciation for distinguished service and MEMBER accomplishments to Marilyn Daleo, outgoing member of the (Daleo) Library Board. 1. PUBLIC HEARING AMC TEXT CHG. (Prohibit. Game Machines in Liquor Stores) (APPROVED) 035:0 - 'IS- Consideration of text change to the Arcadia Municipal Code prohibiting game machines in liquor stores. Currently game machines are permitted, in any business, including liquor stores as long as they comply with the regulations. The Planning Department is recommending that Section 6411.5 Game Machine Regulations be amended to read as follows: "No game machine(s) shall be permitted in liquor stores. For purpose of this division, liquor store shall be defined as any establishment which has obtained an ABC license to sell alcoholic beverages in an unopened container for consumption off the premises. Exception: supermarkets or convenience stores which have less than 10% of their floor area devoted to the sales of alcoholic beverages". Mayor Fasching declared the hearing OPEN. 1 7/21/92 ORDINANCE NO. 1977 (INTRODUCED) O.3~O- 1-;;- 2. 2a. JOB CLASSIFICA- TION COMPUTER OPERATOR (Finance Dept.) (APPROVED) O:;;'~'fO 2b. JOB CLASSIFICATIONS GROUNDS WORKER & MECHANIC'S HELPER (Public Works) (APPROVED) 0.22,/ ../ ,/ i ' b-.I 34:0224 Lael Collins, 409 Fairview, stated, in part, that she is in favor of this text amendment. Sometimes when she goes into the 7 -11 convenience store, there are large numbers of people there playing the game machines, and she feels the machines should be prohibited there. The Assistant Planning Director responded that the 7 - 11 store probably does not devote more than 10% of their floor space to alcoholic beverages so the text amendment would not apply to them. Also, they do not sell hard liquor. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and CARRIED. Mayor Fasching presented for introduction and read the title of Ordinance No. 1977: "AN ORDINA.~CE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 6411.5 OF THE ARCADIA MUNICIPAL CODE PROHIBITING GAME MACHINES IN LIQUOR STORES". I Councilman Harbicht noted that this ordinance is not an anti- game machine ordinance; it is designed to discourage young people from frequenting liquor stores in order to use the game machines. The purpose here is not to legislate against game machines, but to make sure the game machines are not located in places where young people should not be. It was MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED on roll call vote as follows that the text change be APPROVED; that the Negative DeclaratJon be APPROVED and FILED; FIND that the text change wilt not have a significant effect on the environment; and that Ordinance No. 1977 be and it is hereby INTRODUCED. AYES: Councilmen Ciraulo, Harbicht, Loj eski. Margett and Fasching None None NOES: ABSENT: BOARDS AND COMMISSIONS At its July 9, 1992 meeting the Personnel Board reviewed and approved the proposed specification for establishment of classification for Computer Operator and forwarded its recommendation to the City Council for review and consideration. It was MOVED by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED that the classification of Computer Operator (#1070) be ESTABLISHED in the Finance DepartmentlData Processing Division. At its July 9, 1992 meeting the Personnel Board reviewed and approved the proposed specifications for establishment of part-time job classifications for Grounds Worker and Mechanic's Helper and forwarded its recommendation to the City Council for review and consideration. I It was MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED that the classifications of part- time Grounds Worker (#3337) and Mechanic's Helper (#3405) be ESTABLISHED in the Public Works Department. 2 7/21/92 I I 3. 0'6 :3 0 - 3 0 NSP () >fro ''f,~ NSP 34:0225 AUDIENCE PARTICIPATION David Biren. Business Manager, San Gabriel Transit (Bell Cab Co. and Dial-A-Ride), 180 West Live Oak, Arcadia, stated, in part, that he is speaking specifically for Bell Cab Co. and is present to inform Council about the problem with certain insurance companies who insure the Dial-A-Ride and taxi automobiles in the City. He presented documents to Council requesting that the City amend its ordinance for taxi cab, limousine, tow truck or other type public vehicles to accept only California admitted insurance carriers. His concern is that the non-admitted insurance companies have no funds to pay claims they may receive. In the last ten years every single non-admitted carrier that has insured taxi cabs for the City of Arcadia or in the County of Los Angeles has gone bankrupt, leaving over one hundred million dollars in claims unpaid. Bell Cab has been insured with some of these companies, and has had to pay claims out of their own pocket. One of these insurance carriers has an address in the Barbados that is not even an address; it is the license number of the salesman's auto. The Supreme Court has recently made a ruling on the P.U.C. which makes the licensing agency responsible for any claims that the insurance company fails to pay. These claims can rollover to the City in the event the insurance company just says they have no funds available. So far, he has talked to councils of eleven of the twenty-two cities in which the cab company is licensed. Beverly Hills, West Hollywood and Santa Monica have recently structured their ordinances to get rid of the bandit cab companies. Other than the Pomona operator and the Arcadia operator, there are. no other cab operators in the San Gabriel Valley with California accepted insurance. They request that only California admitted carriers be acceptable for insurance for any public vehicles, but especially cabs. It was the consensus of Council that the City Attorney be directed to study this issue and prepare a report for Council. S90tt Downie, 1104 Rancho Road, stated, in part, that he was present to inquire about the peacock population control program listed on this meeting's agenda. He agrees that the peacocks are a nuisance. He will await the discussion later in this meeting. Peter Zovak, 100 West Camino Real, stated, in part, that he is present to protest the building plan and the building permit issued by the City for the structure under construction at: the corner of Camino Real and El Monte Avenue (182 W. Camino Real). There is a large subterranean section, part of which is garage area and the rest to be utilized for a bedroom and a bath. He cannot believe that the plans for this house have been approved by the Building & Planning Department, and is present to object. He feels this type of construction is inappropriate for the R-l zone; this is what one expects to see in multiple family dwelling construction. With reference to the subterranean garage, he does not feel this is even a safe entrance andlor exit for the automobiles which will be coming up out of the ground and out into the st:reet. Poor visibility will be a problem. He would like to recommend that the zoning code be modified to prohibit subterranean parking in single family zones. The Acting City Manager responded that, since the plans for this structure had been approved, they must have been drawn according to Code. Mayor Fasching sugges ted that Mr. Zovak come into the Building & Planning Department and speak with the Building Official about this structure. YAel Collins, 409 Fairview Avenue, stated, in part, that perhaps the property mentioned earlier was mentioned in someone's campaign literature as an example of the outrageous 3 7/21/92 4. 5. Sa. ROLL CALL sb. MINUTE APPROVAL (July 7,1992) (APPROVED) sc. ADJOURNMENT 6. 7. 7a. 7b. )s6D-(~OFINAL MAP 50781 (s-unit Res. Condominium - 320 California Street) 7c. 7d. SOLICIT PROl'OSALS (Landscape Maint.- Wtr. Facility Sites) o 7.::70 - S () 34:0226 lack of restraint by some of the builders. this will be looked into. She also hopes Peter Zovak, 100 West Camino Real said he understands that a permit has been issued, and construction has started; but it has not reached the point of no return. The exterior foundation for the subterranean gargage has been laid. There is still time to stop this. The City Attorney noted that if Mr. Zovak is suggesting that the City take action to stop an ongoing project that has a building permit, this cannot be done. The owners have vested rights; such action would expose the City to liability. The Acting' City ManagerlPlanning Director replied that before the building permit had been issued, the plans had been checked under applicable building codes and approved. Mayor Fasching noted that Council is in process of setting up a Design Review Board, and establishing I some new codes. Mr. Zovak reiterated that he does not believe this structure meets the building codes for that area. In that event the permit was issued in error, the project could be stopped. The Building Offical will check this. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Harbicht, Lojeski, Margett and Fasching None ABSENT: On MOTION by Member Harbicht, seconded by Member Lojeski and CARRIED on roll call vote as follows the minutes of the meeting of July 7, 1992 were APPROVED. Member Margetc ABSTAINED since he was not present at the July 7, 1992 meeting. AYES: NOES: ABSENT: ABSTAIN: , Members Ciraulo, Harbicht, Lojeski and Fasching None None Member Margett The meeting ADJOURNED to 7:00 p. m., August 4, 1992. CITY COUNCIL RECONVENED CONSENT ITEMS Considered separately (see page 5) APPROVED Final Map of Tract No. 50781 for a s-unit condominium project at 320 California Street filed by Loren Phillips & Associates, the engineer, on behalf of Joe Huang, the property owner. Approval subject to the condition that before the Final Map is recorded, all outstanding conditions of approval as outlined in the June 18, 1991 report from the Public Works Department shall be complied with to the satisfaction of the Director of Public Works. I Considered separately (see page 5) APPROVED specifications for landscape maintenance of water facility sites, and AUTHORIZED the Director of Public Works 4 7/21/92 I I 7e. 7a. FINAL MAP 49687 (ll-unit Res. Condominium - 162 Alta St.) (APPROVED) OS-pO -GO 7c. APPROP. OF FUNDS- NUISANCE ABATEMENT (APPROVED) eJ.3::J {) - SO e ~;-Ji}, ~f) 7e. ADVERTISE FOR BIDS (Air Conditioning System with Individual HVAC Units - Job No.s28) (APPROVED) o 7iJO_/f) o 730-(f!) 34:0227 to solicit proposals for landscape maintenance of water facility sites in accordance with Resolution No. 5452. Considered separately (see below) THE ABOVE CONSENT ITEMS WITH THE EXCEPTION OF ITEMS 7a, 7c and 7e WERE APPROVED ON MOTION BY COUNCILMAN HARBICHT, SECONDED BY COUNCILMAN LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: In response to questions from Councilman Lojeski, the Public Works Director said that with regard to the letter from County Public Works Department and their notes regarding the tax bond and monument inspection, these are items of which the Public Works Department is aware. The City Engineer will not sign the map to be recorded until all such items are complied with to his satisfaction. It was MOVED by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED that Final Map of Tract No. 49687 for an II-unit condominium project at 162 Alta Street (Yes Eng. & Tech., the engineer on behalf of Henry H. S. Wang, the property owner) be APPROVED. Approval subject to the condition that before the Final Map is- recorded, all outstanding conditions of approval as outlined in the December 18, 1990 report from the Public Works Department shall be complied with to the satisfaction of the Director of Public Works. Recently the City has contracted with various companies to clean up properties which have been subject to the Nuisance Abatement procedures. The costs for this clean up have been charged to the Nuisance Abatement account No. 001-400-1704- 7272. However, no money has been allocated to this account since 1990. The costs for Nuisance Abatement are eventually reimbursed to the City by the various property owners and placed into the miscellaneous revenue account. In response to questions from Councilman Lojeski, the Acting City Manager replied that this is basically a fund that is set up so the City can use the money, expecting to be reimbursed later as the funds are collected on the tax bill. Last year, the City spent $1,500; this year $1,100 so far. If the $5,000 is not sufficient, more funds will have to be requested. Hopefully, word will get around that the City is serious about nuisance abatement and there will be fewer such cases. It was MOVED by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED to AUTHORIZE the Finance Director to appropriate $5,000 to General City account No. 001-400-1704- 7272 (Nuisance Abatement). In reply to questions from Councilman Harbicht, the Public Works Director responded that there is a single air conditioning unit which provides air conditioning to all of City Hall as well as the Police Building. It is being suggested that individual units be installed for the different buildings. He inquired if part of the load were removed from this system it could be utilized for another couple of years. The Public Works Director responded that the unit is over thirty years old, and is increasingly breaking down; it is very doubtful that replacement could be postponed. Mayor 5 7/21/92 34:0228 Fasching inquired if this proposed air conditioning unit will be utilized in the future if a new Police building is constructed. Staff replied that it would be as long as that building is in use. The individual units can probably be moved if necessary. Councilman Lojeski was concerned that spending this considerable amount of money at this time might interfere with plans for the new Fire Station and renovation plans for the Library. It was then MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED to ADVANCE the CIP project for installation of a new HVAC system for Upper City Hall from Fiscal Year 1993-94 to Fiscal Year 1992-93; APPROPRIATE an additional $135,000 ($35,000: Upper City Hall Bldg.; $100,000: Police Bldg.) from Capital Outlay Funds for complete I replacement of the existing centralized heating air conditioning system with individual HVAC units to serve the MayorlCity Manager, Engineering, Upper City Hall and Police Department Buildings; and DIRECT staff to prepare plans and specifications for the subject project, and AUTHORIZE the City Clerk to advertise for bids following completion of project, plans and specifications. 8. CITY MANAGER 8a. PEAFOWL POPULATION CONTROL PROGRfu'l (APPROVED) Recommendation to approve Peafowl Population Control Program. Peafowl have been both a benefit and a liability. The peafowl provide an aesthetic presence in the City which few communities can match. Conversely, however, peafowl have also proven to be a nuisance to some homeowners due to the predatory nature of the birds. Peafowl will roost in trees and roofs and forage for food in gardens. Due to their size, peafowl can significantly damage and soil property. The peafowl population control program proposes to control the growth of the birds and thin out their increasing numbers throughout the community. The program recommends two strategies to achieve this goal: a relocation element and an egg bounty element. The peafowl relocation element proposes a community-wide effort to humanely trap the birds and, through cooperation with Animal Control, safely relocate the birds. The City would purchase large animal traps that would be turned over to Animal Control who would administer the program on behalf of the City. Animal Control officers would respond to requests from residents to set the traps on private property. Residents would be required to sign releases freeing the County from liability. Concern was expressed about City liability and the City Attorney will report on this. Once a peafowl was caught, the resident would contact Animal Control for a pick-up. The trap would be removed and delivered with the bird unharmed by Animal Control to the Baldwin Park Animal Shelter. The trap would then be delivered and reset.' Once a sufficient number of birds is housed at the Shelter, Animal Control would, in turn, permanently relocate the birds to wildlife way stations and other interested parties. I 0'-((0- 'f0 A second n:cans of thinning and controlling the peafowl population is to limit the number of eggs that complete the incubation process. During the Spring, the City would promote an egg bounty day and offer a $5.00 each bounty for the first 100 eggs turned into the City. Capping the number of eggs for the bounty would still provide for peafowl chicks. Because of unknown risks, the City would discourage children from participating in the program. It is estimated that removing 100 eggs would result in a potential decrease in the chick population of 16%. 6 7/21/92 I I 9. 9a. ORDINANCE NO. 1973 (ADOPTED) 01.20 - 3 0 9b. ORDINANCE NO. 1974 (INTRODUCED) 035'"0 -.;.>f') 34:0229 The first year direct costs of the program would include the purchase of traps @ $lsO.OO/trap ($1,500); additional Animal Control Service Costs of 50 hours @ $40/hr. (estimate) ($2,000); and egg bounty costs of 100 eggs at $s/egg ($500), for a total of $4,000. Money was not budgeted for the program in the 1992-93 budget. However, there are sufficient funds available from the General Fund Reserves to fund the program. At the completion of the first year of the program, staff will assess the success in controlling the population and determine efforts for subsequent years. Considerable discussion ensued among Council regarding this proposed program. Concern was expressed about the egg bounty segment. Council would not want to encourage people to go onto private property in an egg hunt. Council was also concerned about children engaging in such an egg hunt. Mayor Fasching would not like to see children engaging in a massive egg hunt, and would prefer that the individual property owner be responsible for collecting the eggs. He is not in favor of the bounty for the eggs. Councilman Harbicht would like the program modified so that 250 eggs would be collected, perhaps at $2/egg, and would like to try it for a year. In the event a change is made in the animal control contract, the Pasadena Humane Society also has the facilities to undertake this program. The City Attorney will draw up some guidelines addressing these concerns and mitigating possible claims against the City. It was the consensus of Council that staff be DIRECTED to prepare a report with a specific proposal on peafowl population control guidelines, including a report from the City Attorney regarding potential legal problems the City might encounter and suggestions as to how such problems might be mitigated with regard to both segments of the program, and methods to notify the public. CITY ATTORNEY The City Attorney presented and read the title of Ordinance No. 1973: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 8 OF CHAPTER 2 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE TO CHANGE THE NAME OF THE ARCADIA PARKING PLACE COMMISSION TO ARCADIA PARKING DISTRICT COMMISSION" It was MOVED by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1973 be and it is hereby ADOPTED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 1974: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4216.2.2.16, 4216.2.2.18, 4216.2.4, 4216.2.5, 4216.3.1.4 AND ADDING SECTIONS 4216.1.9 AND 4216.1.10 OF THE ARCADIA MUNICIPAL CODE REGARDING BINGO GAMES" It was MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Ordinance No. 1974 be and it is hereby INTRODUCED. 7 7/21/92 9c. ORDINANCE NO. 1975 (INTRODUCED) 9d. ORDINANCE NO. 1976 (INTRODUCED) ICJ.3(j - l;l (l ge. RESOLUTION NO. 5680 (ADOPTED) 0:00- ..20 34:0230 AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No. 1975: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 4231.9 AND 4231.10 REGARDING OCCUPANCY OF PRIVATE ROOM RENTALS". It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman Margett and CARRIED on roll call vote as follows that Ordinance No. 1975 be and it is hereby INTRODUCED. The City Attorney noted that from time to time the Police I Department recommends eliminating some unenforceable and archaic Code sections. Councilman Harbicht assumed that there must be many such sections in the Municipal Code that are no longer being enforced or no are longer applicable. The City Attorney responded that in some cities the Codes are routinely reviewed by all departments including the City Attorney's office, and are brought to Council in an all-inclusive package. At the present time in this City, this is done on a case by case basis. The City Attorney was DIRECTED to bring to Council a report concerning obsolete and unenforceable Code sections with a view to elimination of such sections. This to be received by Council in three months. The Acting City Manager noted that the zoning ordinances involve a different process and hearings, and also they ar~ updated more frequently than other sections of the Code, and suggested that they not be included in this review. AYES: Councilmen Ciraulo, Harbicht, Lojeski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented for introduction and read the title of Ordinance No.' 1976: . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A SECTION 1701 TO CHAPTER 7 OF ARTICLE I EXEMPTING THE SEPTEMBER 15, 1992 SPECIAL ELECTION FROM THE REQUIREMENTS OF STATE ELECTIONS CODE SECTIONS REGARDING MAILED BALLOT PRECINCTS". The City Attorney explained that this ordinance was prepared by the City Attorney's office in response to a request from the City Clerk in order to be able to mandate all mail ballots in certain precincts that are still small but number over 100. The Elections Code only allows this with regard to precincts where there are registered voters of 100 or less. As a charter city, Arcadia can go beyond the Elections Code as long as this type of ordinance is passed. I It was MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED on roll call vote as follows that Ordinance No. 1976 be and it is hereby INTRODUCED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSEN: The City Attorney presented and read the title of Resolution No. 5680: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 7/21/92 I I 9f. RESOLUTION NO. 5686 (ADOPTED) ()~.30 -~O 9g. RESOLUTION NO. 5687 (ADOPTED) 0,;130..5:0 9h. RESOLUTION NO. 5689 (ADOPTED) /030- '10 34:0231 ARCADIA, CALIFORNIA AMENDING RESOLUTION NO. 5608 REGARDING MODIFICATIONS TO CERTAIN FRINGE BENEFITS". In response to a questions from Councilman Harbicht, staff responded that management employees do not receive overtime. With regard to the additional life insurance provision, there are no negative implications to the City; it is provided to the employees at their expense, and is outside insurance. Staff also explained in detail the long-term disability plan. It was MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED on roll call vote as follows that Resolution No. 5680 be and it is hereby ADOPTED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5686: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NUMBER 5595, REVISING A SALARY SCHEDULE FOR THE CLASSIFICATION OF DEPUTY FIRE MARSHALL AND ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFICATION OF FIRE INSPECTOR IN THE FIRE DEPARTMENT (AFFA)". It was MOVED by Councilman Lojeski, seconded by Mayor Pro tem Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5686 be and it is hereby ADOPTED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5687: "A RESOLUTION OF THE CITY COUNCIL OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5572 ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFICATION OF CLASS COORDINATOR IN THE RECREATION DEPARTMENT". It was MOVED by Councilman Harbicht, seconded by Councilman Margett and CARRIED on roll call vote as follow that Resolution No. 5687 be and it is hereby ADOPTED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5689: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE ARCADIA UNIFIED SCHOOL DISTRICT BOND ELECTION ON TUESDAY, SEPTEMBER 15, 1992, HERETOFORE CALLED BY RESOLUTION NO. 5667 OF THE CITY COUNCIL AND BOARD OF EDUCATION RESOLUTION NO. 700." It was MOVED by Councilman Margett, seconded by Councilman Harbicht and CARRIED on roll call vote as follows that Resolution No. 5689 be and it is hereby ADOPTED. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching 9 7/21/92 9i. RESOLUTION NO. 5690 (ADOPTED) O.:l,.3(1 -.::. u 9j. CLAIM OF A.H.SHUBE (DENIED) ItJ '-/0. '-I() RESOLUTION NO. 5688 (ADOPTED) O.:l.?O- 5"0 0/)/1') -10 34:0232 NOES: None ABSENT: None The City Attorney presented and read the title of Resolution No. 5690: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR VARIOUS POSITIONS OF GRANT EMPLOYEES FOR FISCAL YEAR 1992-1993." It was MOVED by Councilman Margett, seconded by Councilman Harbicht and CARRIED on roll call vote as follows that Resolution No. 5690 be and it is hereby ADOPTED. In response to a question from Mayor Fasching, staff responded that in the past the intent was that the grant positions would receive the same salary increases as the general employees. I However, since there was no official paperwork to indicate this provision, this resolution will secure formal Council authorization and approval for this salary schedule. AYES: Councilmen Ciraulo, Harbicht, Loj eski, Margett and Fasching None None NOES: ABSENT: On recommendation of the City Attorney the claim of A. H. Schube was DENIED on MOTION by Councilman Lojeski, seconded by Councilman Harbicht and CARRIED on roll call vote as follows: AYES: Councilmen Ciraulo, Harbicht, Lojeski, Hargett and Fasching None None NOES: ABSENT: The City Attorney referred to Resolution No. 5688 which is to reflect the settlement of labor negotiations with AFSCME. Since the City Council meets only once every two weeks, and the negotiations have been ongoing, in order to complete the negotiations it was necessary for Council to meet tonight in CLOSED SESSION at which time these items were discussed. In order to be consistent with labor relations in the City, it is advisable to now take action on this item. On recommendation of the City Attorney, and in view of the Brown Act Government Code Section s49s4.2b2, it was MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED that the need to take action on this item arose subsequent to the preparation of the agenda. The City Attorney then presented and read the title of Resolution No. 5688: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR VARIOUS POSITIONS WITHIN THE PUBLIC WORKS DEPARTMENT FOR FISCAL YEARS 1992-93, 1993-94 AND 1994-95". I It was MOVED by Councilman Harbicht, seconded by Councilman Lojeski and CARRIED on roll call vote as follows that Resolution No. 5688 be and it is hereby ADOPTED. AYES: NOES: Councilmen Ciraulo, Harbicht, and Lojeski Councilmen Margett and Fasching (They are in agreement with the wage scale increases over the three year term of the contract, but are not in agreement with the health benefits policy'with regard to single employees cash back and employees with families pay additional costs. Health costs should be based strictly on health costs.) 10 7/21/92 I I CLOSED SESSION 0110. <If:) N'cJP 10. ASS'T TO CITY MGR. McINTYRE (Cablevision Filming of City Council Meetings) 0"610 _ .30 NSP ACTING CITY MGR. WOOLARD (State Budget Update) (LACTC & RTD Bailout) r;) fi30 - ~-.- N.~ I' (Relocation Appeals Board) gorf) - 'ffO 34:0233 ABSENT: None The City Attorney announced that "the City Council and the Arcadia Redevelopment Agency will adjourn this evening to a CLOSED SESSION, pursuant to the Brown Act Government Code Section 54956.8, potential acquisition of real property having to do generally with light rail activities; also pursuant to Section 54957.92 with regard to determining all of the factors that may apply to a CLOSED SESSION, and which may involve litigation also, but we have the right to go into Closed Session to determine whether it is eligible to be discussed under the Brown ActW, MATTERS FROM STAFF Following a request from Mayor Fasching, staff has been looking into the potential of cable casting City Council meetings. The City has a public access channel which is dedicated to such type systems. The contract with Cablevision will permit live cable cast of Council meetings. There will be some costs involved on the order of $7,200 for capital investment. Also the lighting inside the Council Chamber is insufficient, and would need to be improved. After the details are worked out with Cablevision, this could start in approximately 30 days. Councilman Harbicht commented that his brother had been on the Planning Commission at Monrovia for several years when the meetings had been cable casted, and had commented that the bright lights are disconcerting, making it difficult to read and to see persons in the room. Councilman Margett had no strong feelings one way "or the other. Councilman Lojeski feels this would be a good way of informing the community. He would like to see some figures on this. Councilman Ciraulo thought it to be more important to get people to come to the meetings in person so there could be more input. Councilman Harbicht thought perhaps they could run billboards on this channel to keep people informed, aside from the Council meetings. Mayor Fasching thought that, although there might be potential for some grandstanding, there should be an option for the residents to watch their City government in action. It was the consensus of Council that staff come back with a breakdown of estimated costs. Council has been provided an update of the State budget proposals. Council has been provided a letter from the Vice Chairman of the San Gabriel Valley Transportation Coalition urging that elected officials respond to Judy Hathaway-Francis, who is our representative on the LACTC Board, to urge her not to support giving the $117 million dollars of Prop C. money to the RTD to bail them out of their shortfall. It is important from our position not to bailout the RTD, because if we do, this will take money from the proposed extension of the transit system to Pasadena or beyond. Judy Hathaway-Francis is leaning toward the RTD on this matter, but has been elected to represent our interests. A letter from the Mayor will be faxed to her stating that the Council urges her not to support the RTD in this matter. Council has been provided a copy of a memo dated July 9 regarding vacancies on the Relocation Appeals Board. Three names have been proposed: Tyler, Kennedy and Hershey. Councilman Lojeski inquired whether or not this Board is necessary, since it has met only once since it was formed. The Assistant City Manager for Economic Development stated that there is still time for claimants to come forward to 11 7/21/92 11. 01,)(;) - ' :) MARGETT (Study Session With Planning Commission - Sept.29,1992 - 6:00 p.m.) (Juvenile Diversion) LOJESKI (Lighting in Library Parking Lot) O;),jrl 'dl N",P (Arcadia Methodist Hospital - Treatment of Workers' Compo Cases) o;).~()-;,e;; (Administrative Costs for Nuisance Abatement) 05' dO e::,-f) N':;P COUNCILMEMBERS (Soundwalls) OS-~O-Mj 34:0234 appeal. Although he feels this is doubtful, it is better to have an Relocation Appeals Board in place so it can be convened quickly. Councilman Lojeski said he felt that the Relocation Appeals Board should be set up when and if it becomes necessary. After further discuss ion, it was the general consensus of Council that new appointments to the Relocation Appeals Board are to be made when and if necessary. MATTERS FROM ELECTED OFFICIALS Councilman Margett is the liaison to the Planning. Commission and the Commission members would like to have a joint meeting with the City Council. They would like to discuss Design Review, among other items. Council agreed that a study session be scheduled for 6:00 p. m., Tuesday, September 29, 1992 . I Councilman Margett requested that the Mayor appoint someone else as liaison to Juvenile Diversion, since he is not able to attend the meetings of this group because of time conflicts. Meetings are held on the third Wednesday of each month at 5:30 p. m. Councilman Lojeski reported that at a Library Board meeting the matter of potential liability due to poor lighting in the Library parking lot had been discussed. Apparently there had been a request for $60,000 from the Capital Improvement Budget to improve the lighting in the parking lot to prevent accidents and problems from occurring. Mayor Fasching was not sure whether or not the lighting improvement had been put on "hold" because of the planned expansion or eliminated when last year's budget was reduced by $500,000. At one -ime it was hoped that State grant funds would be availabl,. The Acting City Manager will prepare a memo regarding this matter. In reply to a question from Councilman Lojeski, the Assistant to the City Manager, Alex McIntyre reported that he has had a meeting with Arcadia Methodist Hospital officials with regard to City employees workers' compo cases being treated at Methodist Hospital. Also, a letter from Mr. Fred Meyers has been received. There are some details to be worked out regarding prices, etc. A report will be presented. Councilman Lojeski inquired whether the administrative costs regarding the nuisance abatement on Sycamore Street could be billed to the property owner. The City Attorney and Assistant Planning Director replied that charges could not be billed on that particular location. However such charges will be applicable to nuisance abatement situations in the future. I Councilman Lojeski referred to the July 17 Newsletter which contained a memo from Joe Lopez to Bill Woolard in reference to putting off a $49,300 expenditure for five years regarding transference of a vehicle. This was creative and, as a Councilman, he appreciates it. Mayor Fasching inquired of the Councilmen when they would like to meet to further discuss the options regarding the construction of soundwalls along the freeway. Councilman Ciraulo would like to see Council move ahead and try to resolve this problem, even if there are funds available for only one section at a time. Councilman Lojeski felt that the setting up of an assessment district might have been a 12 7/21/92 I I COUNCILMEMBERS (Souudwalls) (Cont'd) 34:0235 solution, but the citizens who are affected by this do not feel .this to be a viable alternative. This will be a very expensive project. There is no way the City can do the whole project because it is not financially feasible. Possibly Council could look at different sections and prioritize them, i. e. the commercial zone is an area which does not need the sound wall. Perhaps this will put Arcadia higher on the Caltrans' list for payback. The Public Works Director said the only section that would be eligible for this would be that from Second Avenue to Fifth Avenue. Councilman Margett would not like to do the job piecemeal; he would rather get the job done at one time. Perhaps there is some way to finance the project even if the City has to go into debt, if that is what Council wants to do. A commitment had been made twelve years ago for $300,000. The project should be done. He would like staff to determine where the City could creatively finance this proj ect. Councilman Harbicht would like to see the soundwalls constructed, but they are only going to muffle the noise somewhat. There will be very little effect a few blocks away. It will not make it pleasant there; just a little less unpleasant. We are talking about six million dollars and Council's job is allocating resources. The question is do we want to allocate six million dollars that will benefit three or four thousand people as opposed to allocating that money in a way that might benefi t a larger segment of the community. It appears to him that this is a special interest, benefiting only one small part of the community at the expense 'of the rest of the community. He can not see doing this. Councilman Margett thought the community should help eacn other, and the City should assist those people. Mayor Fasching agrees with Councilman Hargett's suggestion of doing the job all at once. There is no time schedule for Caltrans to do the north side of the freeway between Michillinda and Baldwin even though it is funded. The Second Avenue to Fifth Avenue section is approved, but not funded. The City has other financial considerations: the mall expansion; quite a bit of redevelopment property in stalemate due to the economy; losing Foulger Ford and that revenue; looking at a commitment for funding to bring light rail down the middle of the freeway; budget cuts from Sacramento. For all these reasons, a decision can not be made tonight. But he would like to see where funding could come from. He thinks there is the responsibility improve the City. He would like to ascertain if there are any sources of funding to help in this program prior to making any commitments as far as outside funding is concerned. Also, he would like to see contact with Caltrans again to see if the City can get a better commitment from them. Councilman Hargett said there is a case here for borrowing the money to be able to go ahead with the project. Debt is not a bad word. He would like to figure out how to afford to do this. Councilman Margett also noted that in the redevelopment, area they have delayed the mandated housing, and perhaps some of those funds might be available. The Assistant City Manager for Economic Development stated that by State law, 20% of tax increment money must be set aside for low income housing. This year that amount is $460,000, and the Agency has stated these funds are not available because of ongoing proj ects. The Agency now owes the fund $2.1 million dollars; by 1996 this will probably amount to $3.5 - 4 million dollars. At that point, 20% of the tax increment funds will have to go toward low-moderate income housing. The Agency had planned to fund this by putting 25% of tax increment funds aside instead of 20%. At the present time no money is available other than the tax increment money which is pledged to other redevelopment projects. Also the proposed soundwalls would be outside the project area boundaries. Special findings would be necessary 13 7/21/92 COUNCILMEMBERS (Soundwalls) (Cont'd) 0110. 'IOFASCHING (Smith's Food King Develop.) J~""O-' O(Downton p Revitalization NoS Program) LOJESKI (In Memory of Harl Crockett) 34:0236 to show that it would be beneficial to the project area and, in the case of low-moderate income housing, that it would benefit low and moderate income people. We would have to check census data to see that the people who are to be benefited are low and moderate income people. The law is specific about use of funds for housing, not soundwalls single family housing, multiple family housing, rental housing, rehabilitating housing, building new houses housing stock. It could be a public improvement that specifically benefits a low income area, such as a child care center. Councilman Harbicht said this is not a low and moderate income housing area. Mayor Fasching would like to see suggestions regarding possible means of financing brought to the September 29th study session with the Planning Commission. He would like to I see the Public Works Director check with Caltrans for some possible commitment. Councilman Harbicht does not feel the soundwalls discussions should involve the Planning Commission at this point. It was the consensus of Council that the discussion will take place after the study session with the Planning Commission on September 29, 1992. Mayor Fasching referred to the matter of Smith's Food King development on the Foulger and adjacent properties. The City Attorney noted this will be a closed session item. Mayor Fasching noticed that staff had written.~o the property o~ers, business owners and merchants and asked them to come to a meeting at the ABA with regard to the downtown revitalization project. The Assistant City Manager for Economic Development replied that letters had been sent to all of the owners of record in the target area, and that letters were delivered by hand to each owner and tenant. They were advised of the meeting to be held on July 22, 1992 at the Glendale Federal Building in Arcadia. Mayor Fasching said it waS his understanding that a task force was to be formed with members of the Chamber of Commerce and the ABA. He doesn't think getting all these' people together at a meeting of the ABA is a way to get the job done. He was under the impression the City was going to develop a sales kit, and have the task force go out and represent the City and try to sell this. It does not seem that time has been spent to put this together as a real sales package, which he thinks is very important to try to get the owners to go along with it. Councilman Harbicht said that what staff has done is exactly according to the direction given by Council at the last Council meeting. Mayor Fasching reiterated that the plan had been to enlist a task force to work with staff and then go to the business owners. "I would like to adjourn tonight's meeting in memory of a very personal friend of mine'and friend of Arcadia's by the name of Harl Crockett. Harl was born in Los Angeles and attended Huntington Beach schools and graduated from Huntington Beach High School where he played varsity football. Harl and Florence built their home in Arcadia in 1949 and he was a forty-two year resident of Arcadia. He retired after many years as a lumber salesman. One of his hobbies, as he always said, was being a member of the Rotary Club, the Arcadia Tournament of Roses Association, and the Chamber of Commerce. Harl served his City with a great deal of dignity, and I think waS one of the original members, if I am not mistaken, of our Sister City Commission. He and his wife, Florence, enjoyed the trips that they went on. He was a visitor to Newcastle. And, I think he made the trip to Greece, and was a true representative of our fine City. Harl passed away on June 29 I 14 7/21/92 I I MARGETT (In Memory of Trisha McNamee) FASCHING (In Memory of Carl Alstatt) CLOSED SESSION 12. ADJOURNMENT (Aug. 4 ,1992 - 7:00 p.m.) ATTEST: 34:0237 of this year and services were held on July 2 at Rose Hills in Whittier. He is survived by his wife, Florence and two children, Dave and Carolyn. Again, I would like to adjourn tonight's meeting in memory of a true Arcadian and a true friend of Arcadia, Harl Crockett." "I would also like to adjourn in memory of a neighbor of mine a little girl that I watched enter kindergarten and graduate from Arcadia High School. She was killed two weeks ago in a car accident near Sacramento. She was a student at Chico State University and was on her way home. This is Trisha McNamee. Trisha was an avid soccer player and very active in her sorority, Alpha Gamma Delta. She is survived by her father, Mickie who is an Athletic Director and Baseball Coach at San Marino High School, and her mother, Lynn who is Secretary at Foothills Junior High School, and her sister, Karen, who graduated from Arcadia High School in 1986. There was a memorial service for her July 17 at St Rita's Church in Sierra Madre." "I would also like to adjourn in honor of a former City employee, Carl Alstatt, who was born, raised and educated in Colorado. In 1942 he enlisted in the Air Force and served as a navigator on twenty-seven missions in the Pacific. After his discharge in 1946, he worked for the Colorado State Highway Department. In 1950 he went to work for the City of Grand Junction and by 1959 he was the Director of Public Works with a staff of seventy employees, and responsible for all public works and airport functions. In 1963 he left Grand Junction and went to the City of Gunnison, Colorado where he served as the first City Manager., In 1964, however, he was forced to resign for health reasons and he came to Calfiornia. He was hired by the City of Arcadia in 1964 as an Assistant Civil Engineer in the Public Works Department, and he worked in that Department until he retired in May of 1983. Carl is survived by his widow, Jessie of Arcadia, two children and six grandchildren. Carl and his wonderful sense of humor will be remembered fondly by his many friends and co-workers in the City." So, we adjourn in honor of these three people. The City Attorney announced that Council and the Redevelopment Agency will go into a CLOSED SESSION for discussion on the Smith Food King development project pursuant to Government Code Section 54956.8. At 10:53 the meeting ADJOURNED to 7:00 p. m., Tuesday, August 4, 1992 in the Conference Room of the Council Chamber to conduct the business of the Council and Agency and any CLOSED SESSION necessary to discuss personnel, litigation and evaluation of properties. 15 7/21/92