HomeMy WebLinkAboutJULY 21,1992_3
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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.
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7/21/92
ORDINANCE
NO. 1977
(INTRODUCED)
O.3~O- 1-;;-
2.
2a.
JOB CLASSIFICA-
TION COMPUTER
OPERATOR
(Finance Dept.)
(APPROVED)
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2b.
JOB
CLASSIFICATIONS
GROUNDS WORKER
& MECHANIC'S
HELPER
(Public Works)
(APPROVED)
0.22,/ ../ ,/
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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".
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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.
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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.
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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
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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
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7/21/92
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7e.
7a.
FINAL MAP
49687
(ll-unit Res.
Condominium -
162 Alta St.)
(APPROVED)
OS-pO -GO
7c.
APPROP. OF
FUNDS-
NUISANCE
ABATEMENT
(APPROVED)
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7e.
ADVERTISE FOR
BIDS (Air
Conditioning
System with
Individual
HVAC Units -
Job No.s28)
(APPROVED)
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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
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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.
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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%.
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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
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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