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HomeMy WebLinkAboutDECEMBER 3,1991_2 I I O"/,}-:, 0 1.:)0:1"11 33: 0328 c-<. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION 0110 _ ";0 BOY SCOUT TROOP MEMBERS MINUTE APPROVAL (Nov. 19,1991) (APPROVED) ORD. & RES. READ BY TITLE ONLY ARCADIA BEAUTIFUL COMSN, (Schram) OI.;lO.-I() MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING DECEMBER 3, 1991 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:35 p.m., Tuesday, December 3, 1991 in the Arcadia City Hall Council Chamber. Dr. Margaret Stevens. Minister Emeritus, The Santa Anita Church Mayor Pro tern Robert C. Harbicht PRESENT: Councilmembers Ciraulo. Fasching, Harbicht, Young and Gilb ABSENT: None The City Attorney announced that, "the City Council and Arcadia Redevelopment Agency met in a CLOSED SESSION this evening pursuant to Government Code Section 54956.9 (a), to discuss the lawsuit of Soffa vs. Arcadia, and the Workers' Compensation litigation of Weimer vs. Arcadia. In addition, pursuant to Government Code Section 54956.8, the Arcadia Redevelopment Agency met in a CLOSED SESSION to give instructions to the City negotiator with regard to ongoing negotiations with Arcon, that is, Warren Lortie and Howard Schaefer, concerning potential acquisition regarding the southwest corner of Second Avenue and Huntington Drive". Mayor Gilb welcomed Boy Scouts from San Garbiel Troop No. 115, who were present in the audience. On MOTION by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED, the minutes of the adjourned and regular meetings of November 19, 1991 were APPROVED. It was MOVED by Mayor Pro tern Harbicht, seconded by Council- member Young and CARRIED, that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. The Oath of Office was administered by the City Clerk to Rosa Schram, incoming member of the Arcadia Beautiful Commission. Councilmember Ciraulo, liaison to the Arcadia Be aut i f u 1 Commission, presented the incoming Commissioner with her credentials and City pin and welcomed her to the City family. 1 12/3/91 L. A. COUNTY HEALTH DEPT. (Mediterranean Frui t Fly) 0'-160_ 60 , , , L , '. \ l. PUBLIC HEARING ZONE CHANGE Z-91-010 (From R-l 7,500 to R-l 10,000 - Certain Prop- erties in SW Arcadia) (APPROVED) o')~},(:' ."70 33:0329 Paul Pauanek. M. D., Physician with the Los Angeles County Health Department, 2615 South Grand, Room 607, Los Angeles, 90007, stated, in part, that he was present because Arcadia was one of the areas which had been impacted last year by the malathion spraying to eradicate the medfly infestation. The medfly has been detected again this year in Korea Town. There was a great deal of controversy last year; therefore the Health Department is trying to make available some information about the health impacts at an early time. Better communication is necessary so that some of the emotional pressure can be reduced. The State Agricultural Department is the lead agency in this matter; however Dr. Papanek's staff is available to the City staff for any information or details required. Health risk assessments were made by the State Health Department last year and it was determined that malathion in small amounts appears to pose a health risk which is so low as to be almost negligible. Malathion like other pesticides depends for its toxicity upon the dose. The County Health Department heard and responded to the enormous outcry and knew that some people were getting ill. The Department found that no one was poisoned, but were able to find for the first time that there are people who are allergic or otherwise sensitive to the malathion or the corn syrup bait with which it is mixed, when sprayed by the helicopters. Actually, more people are allergic to the corn syrup than the malathion. The number of people who are allergic appears to be small. The health impacts are low; most are mild and transient. The State Agricultural Department wants to resort to aerial spraying only as a last resort. Actually, the medfly is spread to a great extent by contraband fruit. Mayor Gilb noted that fruit vendors selling on the streets obtain a great deal of this fruit from Mexico and some from backyard gardners. This should be stopped. I The Planning Commission at its November 12, 1991 meeting voted to recommend to the City Council approval of Zone Change Z- 91-010, rezoning the properties set forth below from R-l, 7,500 (second one-family with a minimum lot size of 7,500 square feet) to R-l 10,000 (second one-family with a minimum lot size of 10,000 square feet). Area 1: Lots on the south side of Woodruff Avenue between Baldwin Avenue and Holly Avenue and the properties located at 401 through 525 on the north side of Las Tunas Drive. Area 2: Area bordered by lots on the west side of Bradford Avenue to the lots on the east side of El Monte Avenue, between Las Tunas Drive and Live Oak Avenue. The rezoning of these properties is based upon the average lot size of properties within each area. The larger minimum lot size requirements would apply to all properties, but would not affect existing lots. However, any new lots proposed within these areas would have to meet the minimum lot area requirement of 10,000 square feet. The existing development standards such as building height, setbacks, lot coverage, etc. will not. be affected by any of the proposed changes. I Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tem Harbicht, seconded by Councilmember Young and CARRIED. It was then MOVED by Councilmember Ciraulo, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE and FILE the Negative Declaration and find that Zone Change Z-91-010 will not have a significant effect on the environment and DIRECT staff to prepare the appropriate ordinance. 2 12/3/91 I I 2, PUBLIC HEARING NUISANCE ABATE- MENT AND ORDER FOR REHABILITA- TION (527 Magellan Rd.) (APPROVED) Or.;;:)O-i;O RESOLUfION NO. 5632 (ADOPTED) .)5' ~ 0 - ,-() 33:0330 AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal Code to allow the City Council to determine whether a public nuisance exists and what action is necessary to abate the nuisance on property located at 527 Magellan Road. As per the above Section, a "Notice of Public Nuisance and Order to Abate" was mailed on November 19, 1991 to Tien Chen Sun, responsible person, for the property located at 527 Magellan Road. A notice was also posted on the property. The following violations have been cited on the property: 1) Excessive, tall, dry weeds and dead vegetation on the premises which are considered to be a health, safety and welfare hazard; and 2) There is a lack of adequate lawn, ground cover and irrigation. Landscaping is required to be in conformity with adjacent residential properties. On June 20, 1991, the property owner (Tien Chen Sun) was notified regarding the lack of landscape maintenance at 527 Magellan Road. A reinspection was made on July 9 and the property had been cleaned up. In September, 1991 another complaint was received regarding the property. During an inspection, it was noted that the property was vacant and the landscaping was not being maintained. On september 30, 1991 a letter was sent to the property owner at the subject property address (no forwarding address was available) regarding the condition of the property. There was no response. On October II, 1991 a second letter was sent to the property owner regarding noncompliance. Again there was no response and on October 29, 1991 the City Attorney forwarded a letter to the property owner advising that legal action would be taken if the violations were not corrected prior to November 4, 1991. On November l~, 1991 a Misdemeanor Criminal Complaint was filed against the property owner and he is to appear. in court on December 5, 1991. Numerous inspections have been made and there has been no change in the condition of the property. Also, there has been no contact from the property owners. On November 19, 1991, the City sent a Notice of Public Nuisance and Order to Abate to Tien Chen Sun. There has been no contact from the property owner at this time and the condition of the property has not changed. Photographs of the subject property were circulated to the Councilmembers. Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Mayor Pro tern Harbicht and CARRIED. The Planning Director presented and read the title of Resolution No. 5632: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 527 MAGELLAN ROAD, ARCADIA, CALIFORNIA, AND PLACING A LIEN AGAINST THE PROPERTY, IF ABATEMENT AT CITY EXPENSE IS REQUIRED". It was then MOVED by Councilmember Fasching, seconded by Councilmember Young and CARRIED on roll call vote as follows to determine that a public nuisance exists on the property at 527 Magellan Road,' Arcadia, California (Tien Chen Sun, responsible party), and that Resolution No. 5632 be and it is hereby ADOPTED. 3 12/3/91 3. PUBLIC HEARING NUISANCE ABATE- MENT AND ORDER FOR REHABILITA- TION (409 N. Fifth Ave.) (APPROVED) (J5";)u-5:"Q RESOLUTION NO. 5633 (ADOPTED) () i;;. rJ .",', , 33:0331 AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: , , This hearing has been scheduled pursuant to Section 9407 of the Arcadia Municipal Code to allow the City Council to determine whether a public nuisance exists and what action is necessary to abate the nuisance on property located at 409 North Fifth Avenue. As per the above Section, a "Notice of Public Nuisance and Order to Abate" was mailed on November 19, 1991 to John Chen, responsible person, for the property located at 409 North Fifth Avenue. A notice was also posted on the property. I The following violations have been cited on the property: 1) Excessive, tall, dry weeds and dead vegetation on the premises which are considered to be a health, safety and welfare hazard; and 2) There is a lack of adequate lawn, ground cover and irrigation. Landscaping is required to be in conformity with adjacent residential properties. - The only available address for the property owner is the subject property which is vacant. All notices have been returned from the post office. In response to a complaint, a letter was sent to the property owner, John Chen, on September 30, 1991 regarding the lack of landscape maintenance at 409 North Fifth Avenue. A reinspection was made on October II, 1991 and there was no change in the condition of the property, nor was there any response to the letter. On October II, 1991, a second letter was sent to the property owner regarding noncompliance with the previous letter. Again, there was no response to the letter, and on October 29, the City Attorney forwarded a letter to the property owner advising that legal action would be taken if the violations were not corrected prior to November 4, 1991. A reinspection after this date noted no changes in the property. On November 12, 1991 a. Misdemeanor Criminal Complaint was filed against the property owner, John Chen, and he is to appear in court on December 5, 1991. On November 19, 1991, the City sent a Notice of Public Nuisance and Order to Abate to Mr. Chen. On November 22, 1991, the Code Enforcement Officer received a call from Mr. Chen who advised that he had been out of the country and indicated that he had not received all the. notices. He was advised that the City is still proceeding with the "Nuisance Abatement". Mr. Chen stated that he had no money to clean up the property and was going back to Taiwan on November 23. Photographs of the subj ect property were circulated to the Councilmembers. Mayor Gilb declared the hearing OPEN. I No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Fasching and CARRIED. The Planning Director presented and read the title of Resolution No. 5633: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 409 NORTH FIFTH, ARCADIA, CALIFORNIA, AND PLACING A LIEN AGAINST THE PROPERTY, IF ABATEMENT AT CITY EXPENSE IS REQUIRED". It was then MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as foilows to determine that a nuisance exists on the property at 409 North Fifth Avenue, Arcadia, California (John Chen, 4 12/3/91 I I 4. PUBLIC HEARING EXTENSION - MORATORIUM ON HILLSIDE DEVELOPMENT (APPROVED) Os ~C) .;',0 ORDINANCE NO. 1959 (ADOPTED) ()~-fD-,,,O 5. Sa. H.N. & FRANCES C. BERGER FOUND. GRANT - LIBRARY (ACCEPTED) 03!{"()-~O 33:0332 responsible party), and that Resolution No. 5633 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Mayor Pro tern commented on both of these items, noting that he is glad to see staff taking an active roll in abating these nuisances. This sort of thing trashes up the community and he is glad to see that an aggressive stance is being taken toward abating these situations. It is very difficult for the persons who live next door to such properties. Councilmember Fasching wondered if people were buying the properties and merely using the addresses for some other purpose. Councilmember Young noted that perhaps these are brought just for inves tments; wi th the owners then leaving the county. Mayor Pro tern Harbicht. replied that probably these will eventually be teardowns. Consideration of a one (1) year extension of a moratorium on development of undeveloped hillside areas within the City. The current moratorium will expire December 20, 1991. The Planning Department is gathering and reviewing hillside ordinances from several neighboring cities and the results of this review will be presented to the City Council. At that time, Council may wish to direct staff to prepare a text amendment for the proposed new hillside regulations. The additional time is requested in order to provide time for such review. The review should be completed in approximately three months, according to staff. In reply to a question from Mayor Gilb, staff responded that there have been no inquiries about development of hillside areas since this moratorium has been in effect. Mayor Gilb declared the hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Mayor Pro tern Harbicht and CARRIED. The Planning Director presented and read in full Ordinance No. 1959: "AN INTERIM URGENCY ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 1931 IMPOSING A MORATORIUM ON DEVELOPMENT OF UNDEVELOPED HILLSIDE AREAS (FOUR VOTES REQUIRED)". It was then MOVED by Councilmember Young, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follow that Ordinance No. 1959 be and it is hereby ADOPTED. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: BOARDS AND COMMISSIONS It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to accept a grant in the amount of $11,000.00 from the H. N. and Frances C. Berger Foundation for the Arcadia Public Library for the support of the Arcadia History Preservation Project. A letter of appreciation to be transmitted to the Foundation. 5 12/3/91 Sb. YOUTH BASEBALL LEAGUES FACILITIES IMPROVEMENT FUNDS (APPROVED) o Is-a _ 30 .BCII r- L II Lf '^ /&1 V:. 6. 7. 8. 8a. ROLL CALL 8b. MINUTE APPROVAL (Nov.19,199l) (APPROVED) 8c. AMEND. NO. 6 TO ERN (Arcon/ Schaefer Bros. - SW Corner Proj.) (APPROVED) {)~,!fQ -'(//1 33:0333 AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Funds have been budgeted in the 1991-92 Capital Budget to be used for the maintenance and improvement of facilities used by local baseball leagues. The leagues have agreed to purchase all needed materials and provide all necessary labor and equipment to complete the various projects. All proofs of purchases will be made available to the City. The requests by the local youth baseball leagues for funds and the renovations to be made are outlined in detail in staff report dated December 3, 1991. The requests and recommendations were reviewed by the Recreation and Parks Commission which recommended that the proposals be forwardecl to the City Council for approval. 'I It was MOVED by Councilmember Fasching, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that the requests for financial assistance by the local youth baseball leagues be APPROVED and that staff be DIRECTED to distribute funds as outlined in staff report dated December 3, 1991. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: AUDIENCE PARTICIPATION None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb ABSENT: None On MOTION by Member Young, seconded by Member Harbicht and CARRIED, the minutes of the meeting of November 19, 1991 were APPROVED. Agency staff and Arcon/Schaefer Brothers continue to work toward negotiating the Disposition and Development Agreement (DDA) for the Southwest Corner Project. As a result of joint interest in proceeding as quickly as possible once a DDA is finalized, a number of development tasks which are normally PDA related will have to be completed during the Exclusive Right to Negotiate period. As a result, staff has prepared Amendment No.6 to the ERN incorporating necessary changes to the Schedule of Performance to expedite the development process once the .DDA is finalized. 1 Amendment No.6 does not extend the existing January 31, 1992 termination date. Its principal purpose is to formalize certain Developer and Agency responsibilities under the ERN which are not currently addressed. These include application by the Developer for a new CUP and submittal of construction 6 12/3/91 I I 8d. ARA FY 1990/91 RPT, TO STATE DEPT. HCD (APPROVED) 06/0_1'5"' 8e. ADJOURNMENT 9. 10. lOa, DMO-IJ:" ARA FY 1990/91 RPT. TO STATE DEPT. HCD lOb. OS.-60 _ (;0 FINAL MAP 50746 (lO-unit Residential Condominium - 1033 W. Duarte Rd.) lOco READVERTISE FOR BIDS (Concrete Benches " Trash Receptacles - Var.Locations - Job. No. 661) :Yl,),O ~.;('I' 33:0334 drawings for Plan Check. It also extends the time for Agency review of the DDA from 45 to 60 days due to increased State- mandated CEQA noticing requirements. It was MOVED by Member Harbicht, seconded by Member Ciraulo and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE Amendment No. 6 to the Exclusive Right to Negotiate Agreement between the Agency and WLA Arcon/Schaefer Brothers (Southwest Corner Project), subject to minor revisions approved by the Executive Director and Agency General Counsel. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and GlIb None None California Redevelopment Law (Health and Safety Code Section 33080) requires that all redevelopment agencies file an annual fiscal and activity report with the California Department of Housing and Community Development within six months of the end of the fiscal year. This report to be approved by the City Council prior to transmittal to the State Department of Housing and Community Development. It was MOVED by Member Young, seconded by Member Harbicht and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency FY 1990-91 Report to the State Department of Housing and Community Development be APPROVED and the Agency be AUTHORIZED to transmit the report to the California Department of Housing and Community Development. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Harbicht, Young and Gilb None None The meeting ADJOURNED to 7:00 p.m., December 17, 1991. CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED Arcadia Redevelopment Agency FY 1990/91 report to the State Department of Housing and Community Development and AUTHORIZE and DIRECT staff to submit the report to the HCD. APPROVED Final Map of Tract 50746 for a la-unit residential condominium project at 1033 West Duarte Road filed by L & D Engineering on behalf of Roger Schultz (a general partner in the ownership and development of the site). Approval is on condition that all outstanding conditions of approval, as outlined in Public Works Department staff report dated July 12, 1991, shall be complied with to the satisfaction of the Director of Public Works. REJECTED all bids for Job No. 661 - Installation of New Concrete Benches and Trash Receptacles at Various Locations. Staff considered the two lowest bids to be non-responsive to the bid documents and therefore not acceptable. It is staff's opinion that the cost differential of the third lowest bidder to the lowest bidder does not justify an award. The City Clerk is AUTHORIZED to readvertise for bids. 7 12/3/91 10d. EQUIP.PURCH. (400 KW Trailer- 03 '10.:3 oMounted Generator (Water Div.) 10e. O :) ,- "J,EAVE OF ABSENCE '" ~ - ~ 5WITHOUT PAY (Weimer - I'D) 10f. CHAMBER OF COMMERCE/CITY LEASE o -) ';/(,1 - .10 10 I(!)-~O (I" 1'< - I;) Jl t) 11. 11a. ORDINANCE NO. 1957 (ADOPTED) 03 ~-O - ~~.. 11b. ORDINANCE NO. 1958 (ADOPTED) 03 .s-V-~1 11c. RESOLUTION NO. 5631 (ADOPTED) (JIJ() (:/ hl'\ dl i' cJ 33:0335 APPROVED purchase of one trailer mounted 400 KW generator from Del Rey Diesel in the amount of $63,855.59. Funds for the purchase of this generator are budgeted in the Water Facilities Replacement Fund in the amount of $75,000.00. APPROVED extended leave of absence without pay from December I, 1991 to January 31, 1992 for Police Sergeant Jerry Weimer. APPROVED five-year lease of the City-owned Chamber of Commerce Building to the Arcadia Chamber of Commerce. The insurance to be increased from $10,000/$100,000 to $500,000/$1,000,000. I ALL OF THE ABOVE CONSENT ITEMS WERE APPROVE ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER FASCHING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and CITY ATTORNEY The City Attorney presented and read the title of Ordinance No. 1957: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6616.10 OF THE ARCADIA MUNICIPAL CODE TO PROVIDE FOR WAIVER OF BUSINESS LICENSE FEE BY BUSINESS LICENSE OFFICER REGARDING MOTION PICTURE FILMING BY STUDENT OR CHARITY". It was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1957 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and The City Attorney presented and read the title of Ordinance No. 1958: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6436.7 OF THE ARCADIA MUNICIPAL CODE TO AUTHORIZE THE FIRE CHIEF OR HIS DESIGNEE TO APPROVE CHRISTMAS TREE TENTS AND CANOPIES". I It was MOVED by Councilmember Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Ordinance No. 1958 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Harbicht, Gilb None None Young, and The City Attorney presented and read the title of Resolution No. 5631: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA SUPPORTING THE LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1992". 8 12/3/91 I I lld, RESOLUTION NO. 5634 (ADOPTED) 1030-':'0 <I_II/~q.) lle. RESOLUTION .NO. 5635 (ADOPTED) IO_~() . ,) () 0/.1'1- q;;. lH. RESOLUTION NO. 5636 (ADOPTED) I().] () ~O f/IY- 'f~ llg. RESOLUTION NO. 5637 (ADOPTED) If)" f) - .,.'\) 'I.'.{ :J ~ llh. CLAIM OF P. TIROUX (DENIED) /0'10- '10 12. 13. 33:0336 It: was MOVED by Councilmember Young, seconded by Councilmember F"sching and CARRIED on roll call vote as follows that Resolution No. 5631 be and it is hereby ADOPTED, AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: Councilmember Young noted that a Councilmember from La Canada h"d attended a meeting on this matter and was amazed at the amount of money available. She hopes Arcadia will be able to receive some of it. The City Attorney presented and read the title of Resolution No, 5634: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 14, 1992, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER", The City Attorney presented and read the title of Resolution No, 5635: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR-RECORDER OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 14, 1992", The City Attorney presented and read the title of Resolution NO, 5636: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 14, 1992", The City Attorney presented and read the title of Resolution No. 5637: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 14, 1992, TO BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA", It was MOVED by Councilmember Ciraulo, seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows that Resolutions Nos. 5634, 5635, 5636, and 5637 be and they are hereby ADOPTED, AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: On recommendation of the. City Attorney the claim of P, Tiroux waS DENIED on MOTION by Mayor Pro tem Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS 9 12/3/91 WATER BILLING SYSTEM ()ff7Q. ~O hilt (('II' {-i 33:0337 Councilmember Fasching stated, in part, that he is concerned about the question of carryover credits on the water billing system. Some of the residents are being penalized unfairly and he has received a lot of complaints. He would like to request, with Council's concurrence, that the Water Division bring back a report on what would be necessary to have a V4*~?tryover system put into effect on the water billings. He is aware that the current software system cannot handle such a program. Staff has reported approximately $250,000 in penalty assessments since the conservation program started. Of this approximately $75,000 was abated due to appeals. This has involved a tremendous amount of staff time. He feels that water conservation is going to be with us for a considerable length of time. It is time to look into the question of updating our water billing system. I Mayor Pro tem Harbicht has given a great deal of thought to this question. He agrees that the present system is unfair to a great many people. He illustrated a case in point involving one of his constituents. Councilmember Young agreed and said she has also received a large number of telephone calls involving such complaints. Almost everyone she has talked to has had a penalty this last period. People asked why they were not given credit for the amount of water saved during the preceding periods. Mayor Pro tem Harbicht said that originally he had not been in favor of the carryovers because the goal was to conserve water. But, now he sees that there is a very real unfairness in this present system. Mayor Gilb noted that although approximately $75,000 in penalties had been abated on appeals, a large number of people who received penalties just paid them, without bothering to appeal. He agreed that the present system is unequal. Mayor Pro tem Harbicht noted that there apparently are a number of cities which have not gone into mandatory conservation programs. Water conservation consciousness has been raised so much that those cities are experiencing water cutbacks of 15 to 19 percent. The Arcadia residents have cut their consumption by 22% over the course of this program, yet in each billing period, one out of four households is getting a penalty. He agrees that Council needs to look into a revised system; he does not want to continue with this large number of penalties. Council could inform the citizens they have done a fine job of conservation; the mandatory portion of the program is being eliminated; leaving in place the restrictions on watering in the daytime; watering down hard surfaces, etc.; and if consumption does go back up, the program will be re-implemented. This will give Council time I to look into putting a proper program together and will avoid penalizing people who really do not deserve it. Since we are in the winter months, we will not be hurt very much even if people go back to normal consumption. He suggests, for Council's consideration, that Council look at what is involved, but in the meantime, that Phase II of the program be terminated. Eldon Davidson, Water Manager, replied in answer to questions from Councilmember Fasching, that a report could be returned to Council by the first meeting in January; and if the report concludes that a new system is needed for the carryover credits and if Council approves going out for proposals, that could take two months. After the software is procured, it could be six to nine months before the system would be in operation. 10 12/3/91 . .j I I MOTION MOTION FASCHING ( Conununity Center) ()7Z-0-3a 33:0338 Councilmember Fasching noted that it is clear that no relief can be given to the citizens unless Phase II is eliminated. Residents could be notified that Council will come back with a carryover system when and if it is necessary to reinstitute the mandatory Phase II program. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to return to Phase I of the water conservation program which would eliminate the mandatory provisions of the Phase II segment. AYES: Councilmembers Ciraulo, Fasching, Harbicht, Young and Gilb None None NOES: ABSENT: Staff is DIRECTED to bring a report back to Council on a new software program for the water billing system at the January 7, 1992 Council meeting. Mayor Pro tern Harbicht also pointed out inequities in allocations to different households, especially for those who had been conserving water all along. Perhaps with a new water plan, something could be devised to give credit to those people who have been lessor users of water all along. The City Manager said perhaps suggestions could be made when the above mentioned report is provided to Council. Councilmember Fasching suggested that all existing penalties be abated. Councilmember Young suggested that a date, perhaps the first of the year, be set that from then on there would be no penalties. Most of the complaints have come from the last water billing. Rita Kurth, Water Division, stated, that the best time to start such a program for the elimination of penalties would be the first full billing cycle after January I, 1992 because some people are still in the current billing cycle. Otherwise, some people will have three billing cycles of penalties and others will have four . It was MOVED by Councilmember Young, seconded by Mayor Gilb and CARRIED on roll call vote as follows that staff be DIRECTED to begin a program for the elimination of penalties on the water billings starting with the first billing cycle after January I, 1992. Councilmember Fasching is in favor of refunding all the penalties since the water conservation program has been so successful. Other Councilmembers felt that the current billing cycle should be completed and the "no penalty" system started on January 1. AYES: Councilmembers Gilb None None Ciraulo, Fasching, Harbicht, Young and NOES: ABSENT: The City Attorney noted that, although direction to staff is permitted under the Brown Act, anything like a refund of penalties would have to be put on the agenda for action to be taken. Mayor Pro tern Harbicht would like to see the allocation notation remain on the bills, with the overuse and underuse indicated. Councilmember Fasching noted that it had been decided to wait six months before making decisions as to use of the Conununity 11 12/3/91 HARBICHT (Junk Mail Reduction Lis t - City of Alhambra) HARBICHT (Fortune Tellers License) ():3 so- :J,~-- N.5f' GILB (Post Office Closings) YOUNG (Earthquake Repairs) on~ -. So "'-Sf' HARBICHT (Trees as Polluters) O'-!,? 0- S'O "';.5 ;,~ GILB (In Memory of Cha.rles S. Batterson) 33:0339 Center for events other than City functions. Perhaps this time frame should be moved up. Mayor Gilb noted that the Center is in full swing and it would be impossible to open it up to all those interested. If the Center were to be opened on Saturdays and Sundays, more staff would be required. Jerrv Collins I Recreation Director. stated, in reply to a question from Mayor Gilb, that, based upon the fact that most people understand the policy, he has not had very many requests from outside organizations to use the Center. The Center opened July 19, 1991. Council policy was made about a month and a half ago. Following considerable discussion by Council of the various problems to be considered in formulating a policy for Community Center use, it was directed that the Recreation Director provide a report and recommendations for a Study Session to be held January 21, 1991 at 6:00 p. m. I Mayor Pro tern Harbicht noted that the City of Alhambra has adopted a trash reduction program and one aspect of this is that Alhambra is helping citizens get on a junk mail reduction list. He would like to have staff contact the City of Alhambra to get some details about this. Perhaps such information could be included in the next City Newsletter and the City might even provide postcards for residents who might be interested. Mayor Pro tern Harbicht also noted that on November 5, 1991 the Burbank City Council passed a law requiring fortune tellers to be licensed at a cost of $450.; a similar law is being considered by the Los Angeles City Council. He would like to know if such a law could be passed in Arcadia, and requested the City Attorney to check into this. He would like to find out why the two post offices in Arcadia were closed on Friday, November 29, 1991. the day after Thanksgiving, when other post offices in the San Gabriel Valley were opened. He would like to write to the Postmaster General and ask who authorized this. Councilmember Young would like to know why the post office has not been repaired from the earthquake damage. Mayor Pro tern Harbicht referred to an article from the Los Angeles Times about the Statewide Air Pollution Research Center in Riverside study on hydrocarbon emissions from trees and shrubs. The fact is that trees emit hydrocarbons which, when mixed with sunlight and nitrogen oxide, create ozone, the principal component of smog. The chart listing the sources of smog in Southern California shows that trees and shrubs account for 12% of air pollution. Some trees emit almost no hydrocarbons; others a significant amount. Liquidambar is a significant polluter compared to other trees. There may be a time when the Air Quality Control will restrict the planting of certain kinds of trees. I "I would like to close the meeting tonight in the memory of Charles S. Batterson. Mr. Batterson was born in Pasadena, June 21, 1906 and died December 3, 1991. He was a member of the Southern California Lightweight Football Team at Pasadena High School in 1925. He married Eunice Collins December 5, 1929. During the Depression, up to 1931, he worked as a milkman and then he joined the McMillan Petroleum Corporation as a service station attendant. When he left that organization and retired in the late '50' s, he was the National Sales Manager. They had one child, Skip, who was born in Pasadena in 1932. They moved to Arcadia in 1941 to the Santa Anita Village where Chuck resided until 1984 when 12 12/3/91 I I 14. ADJOURNMENT (Dec. 17,1991 - 7:00 p.m.) ATTEST: , 33:0340 his wife passed away. He entered the real estate business in Arcadia as an associate with the H. H. Goddard Company, and opened his own office on Baldwin Avenue in 1961 and remained active in the real estate business until 1984. He was active in the Arcadia Board of Realtors, the Tournament of Roses Association, the Chamber of Commerce t and served on the Arcadia Beautiful Commission many years ago. He was also an advisor to the City on many real estate matters. He was a member of the Methodist Church for eighty-five years. He was a member of the Arcadia Masonic Lodge, a thirty-second degree Scottish Rites Mason. He is survived by his .three brothers and his son. The funeral arrangement will be this Friday at 11:00 a. m. Memorial service at the Masonic Temple on December 6, 1991. Incidentally, he was a member of the first Scout Troop in Pasadena and the Scout Master was Tolman Trask. For any of you who have ever been involved with scouting in the San Gabriel Valley, Tolman Trask was one of the pioneers, and the originator of this council. I would like to close this meeting in memory of Charles S. "Chuck" Batterson. Thank you." At 9:05 p. m. the meeting ADJOURNED to 7:00 p. m., Tuesday, December 17. 1991, in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any CLOSED SESSION necessary to discuss personnel, litigation and evaluation of properties. f'C Charles E. Gilb, Mayor ~<,--/)j.~~ ~ne D. Alford, ty Cl~rk 13 12/3/91