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HomeMy WebLinkAboutOctober 22, 19911 A G N D A ARCADIA CITY COUNCIL MEETING OCTOBER 22, 1991 6:00 P.M. Study Session with Architectural Review Boards 7:30 P.M. INVOCATION ACTION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Ciraulo, Fasching, Harbicht, Young and Gilb All Present MINUTES of the adjourned and regular meetings of October 8, 1991 Approved MOTION: Read all ordinances and resolutions by title only and waive reading in full. Adopted 1. Time reserved for those in the audience who wish Lael Collins Mike Walbrecht to address the City Council (five- minute time Dennis Spellman limit per person). Tondra Shaw Sandra McIntosh 2. RECESS CITY COUNCIL Peter Lee 3. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. ROLL CALL: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb All Present b. MINUTES of the meeting of October 8, 1991 Approved C. Request to approve Amendment No. 5 to the Arcon/ Schaefer Brothers Exclusive Right to Negotiate (Southwest Corner Project). Approved d. ADJOURN to 4:00 p.m., October 24, 1991 AGENDA 10/22/91 4. RECONVENE CITY COUNCIL ACTION 5. CONSENT ITEMS a. Underground Utilities District No. 13 - Second Avenue from Huntington Drive to La Porte Street (PUBLIC HEARING TO BE SCHEDULED). public Hearing 11/19 b. Recommendation for award of contract for Seismic Repair and Retrofit of Police Department build- ings - Job No. 520. Approved C. Recommendation for final acceptance of Eisenhower Memorial Park Renovation - Job No. 665. Approved d. Report and recommendation for street closure for block party - Claridge Street from 360 feet north of Sierra Madre Boulevard to end. Approved pp e. Request for authorization to solicit bids for 10 -ton Crane in Water Division. Approved f. Request for extended Leave of Absence without pay for Christine Camano, Typist Clerk II - City Clerk's office. Approved g. Consideration of Final Map 48678, for a 20 -unit condominium project at 841 -847 Fairview (Jennifer Shia, owner /developer of the site)., Approved h. Request to refund filming fees for a student pro- ject. Approved i. Request from Arcadia Music Club for the West Arcadia Band Review. Approved j. Request to approve public relations promotional video for the Police Department. Approved 6. CITY ATTORNEY a. ORDINANCE NO. 1951 - For Adoption - Amending Division 6 of Chapter 5, Article VI of the Arcadia Municipal Code by adding a Section 6616.11 con- cerning regulations for motion picture filming - timing of notice to neighborhood. No Action -2- AGENDA 10/22/91 6. 7 I E i CITY ATTORNEY (continued) ACTION b. ORDINANCE NO. 1952 - For Adoption - Approving Zone Change Z -91 -006, changing the existing zoning of R -0 12,500 to R -0 15,000 for certain properties located in the southwest portion of the City of Arcadia. Adopted C. ORDINANCE NO. 1953 - For Adoption - Approving Zone Change Z -91 -007, changing the existing zoning of CPD -1 DH to CPD -1 DH7, CPD -1 DH5 and CPD -1 DH4 for properties located at 211 E. Hunt- ington Drive, 311 E. Huntington Drive, and 420 -440 E. Huntington Drive. Adopted d. ORDINANCE NO. 1954 - For Adoption - Approving Zone Change Z -91 -008, changing the existing zoning of C -2 DH to C -2 DH8 for the property at 400 S. Baldwin Avenue and from C -0 H to C -0 H6 for the property at 301 W. Huntington Drive. Adopted e. ORDINANCE NO. 1955 - For Adoption - Granting to Southern California Water company, its suc- cessors and assigns, a franchise to lay and use, for transmitting and distributing water for any and all purposes, pipelines and other facilities, in, along, across, upon and under the public streets, ways, alleys and places within the City of Arcadia. Adopted f. ORDINANCE NO. 1956 - For Introduction - Approving Zone Change Z -91 -009, changing the existing zoning of R -1 7,500 to R -1 12,500 for certain prop- erties located in the southwest portion of the City of Arcadia. Introduced MATTERS FROM STAFF MATTERS FROM ELECTED OFFICIALS ADJOURN to 4:00 p.m., October 24, 1991 Adopted Resolution No. 5626 Miller /Woolard - Design form for ARBs including provisions for continuances and incomplete applications. Miller /Woolard - Prepare ordinance prohibiting razor wire and barbed wire visible from the street. -3- AGENDA 10122191 F#"tMO RAN DUNN Date: October 22, 1991 TO: MAYOR GILB AND MEMBERS OF THE CITY COUNCIL FROM: JUNE ALFORD, CITY CLERK CC SUBJECT: EXTENDED LEAVE OF ABSENCUUE - CHRISTINE CAMANO, TYPIST CLERK II, CITY CLERK'S OFFICE Pursuant to Section 14 of the City's Fringe Benefit Resolution No. 5608, an employee requesting a Leave of Absence, with or without pay, for more than thirty (30) calendar days, must have the approval of the City Council and the City Manager, and the recommendation of the appointing power. Christine Camano, Typist Clerk II in the City Clerk's Office, has requested a Leave of Absence for a medical condition, specifically, childbirth and recovery, beginning September 1 and ending December 1, 1991. Forty -five (45) days of this leave time is beyond her accumulated vacation and sick leave time. The sick leave time is included in the 30 days permitted by Resolution 5608 and ended October 17. This was approved by the City Manager and myself. RECOMMENDATION: It is recommended that the City Council grant employee Christine Camano the forty -five (45) days extended Leave of Absence without pay, October 18 through December 1, 1991. GEORGE 3. WATTS, CITY MANAGER LASER IMAGED i Memota&� OCT 191 Date: October 22, 1991 TO: Mayor and City Council FROM: City Attorney rn /.Y/,/ SUBJECT: Resolution No. 5626- State Funding of Department of Alcoholic Beverage Control The attached recommendation from the Chief of Police to adopt Resolution 5626 (attached) may be acted on at the Council meeting of October 22 under Matters from Staff. Because subject Resolution is not on the formal agenda, pursuant to government code section 54954.2 and 54956.5 (portions of the Brown Act) the City Council should: 1. Move to act on Resolution 5626 because an emergency exists through action by the State that will severly impair public health and safety. 2. After the passage of motion #1, then move to adopt resolution 5626. LASER IMAGED A Vemolandum To: George J. Watts, ity Manager From: Neal R. Johns of Police Subject: State Cutbacks in Funding for the Department of Alcoholic Beverage Control Date: October 21, 1991 The State of California is imposing severe cutbacks in funding for the Department of Alcoholic Beverage Control (ABC). The proposed reduction will result in the layoff of about 75% of the agents and support staff within that Department, thereby severely curtailing their enforcement capabilities. Agents of the Alcoholic Beverage Control Department have worked hand in hand with our investigators for many years. They are an extremely effective enforcement agency who has the capability of taking both administrative and criminal action against persons and licensees who violate the State liquor laws. Our City has been the beneficiary of their actions, not only in the reduction of criminal conduct and its potential in licensed premises, but we have been the recipient of portions of fines that have been imposed upon violators. Reduction of staff, to the degree that is being proposed, will have a devastating effect upon local law enforcement. Many of the investigations that are undertaken by State agents, are beyond the capability of our agency. In a very real sense, cutting ABC agents will allow the outlaw elements within this regulated area to operate without constraint. We will find that local law enforcement will have to divert resources and funds to address this area, thereby diminishing our attention to other local crime problems. It has been estimated that ABC generates between $33 and $35 million annually in fines and license fees. Yet, their budget is only about $23 million. It seems that the State is intending to impose cuts in a Department that is much more cost effective than most State agencies. It is recommended that the City of Arcadia adopt a resolution which calls upon the Governor and the State Legislature to consider restoration of funds to the Department of Alcoholic Beverage Control. Approved: George J. tts, City Manager LASER IMAGED State Plans to I av Off 75% Boaff Agents �f Liq uor ■ Alcohol: Cuts will end enforcement of drinking laws and slash income from fees and fines, critics warn. By DOUGLAS P. SHUIT T I%IES ,T \(I 'AN ITCN SACRAMENTO — Nearly three - quarters of the Investigators for the state Department of Alcoholic Beverage Control face layoffs un- der Gov. Pete Wilson's budget - cutting plan, a move that investi- gators warn will drastically curtail the agency's enforcement of dnnk- ing laws. ABC officials said their activi- ties— Including aggressive enforce- ment of laws against selling alco- holic, beverages to minors —make it popular with local police agencies and groups tike Mothers Against Drunk Driving. Critics say that the budget move could also backfire on the state financially because the agency has an annual budget of $23 million but generates t33 million to $35 million annually in fines and license fees. The proposed layoffs are de- signed to save the state an estimat- ed $5 million in salanes. A spokes- man for Wilson justified the cuts on the grounds that they are part of the agreement between the gover- nor and the Legislature last sum- mer to close a $14.3- billion deficit. Morale in the agency suffered a predictable drop when word circu- lated that about 170 investigators, supervisors and clerks on the ABC payroll face layoffs, in addition to the 63 who have already left this year through attrition or transfers. That would leave the depart- ment down 233 pbs out of 426 positions budgeted for this fiscal year. The number of investigators will drop from about 197 to I& or fewer than one investigator for each of the state's 58 counties, Despite earlier waminga, many ABC workers had brushed aside layoff threats as part of Wilson's negotiating strategy to get state unions to Accept a 5% pay cut. Now they are taking them seriously. ABC Director Jay Stroh said the layoff notices are the real thing. "It's not a dry run," he said. One ABC investigator, based in Southern California. predicted that the state, in effect. ,will become the only state in the nation with an unregulated alcohol beverage in- dustry." . Carl Covitz, secretary of the Business. Transportation and Housing Agency and a member of Wilson's Cabinet, said the cuts "are now a fact of life that we are going to have to deal with." Covitz said the "ABC is taking its fair share of the budget cuts along with everyone else." He said the slimmed -down ABC will concen- trate its efforts on licensing liquor establishments first, and put sec- ondary importance on enforcing laws against selling alcohol to mi- nors or to bar patrons who are already drunk. 44 is a difficult situation." he Isaid. Stroh said the state is counting on local police agencies to pick up some of the slack. Last year, ABC officials said. the agency processed 14,108 applica- tions for liquor licenses and con- ducted 5,200 investigations. Out of that it filed 2.768 actions for sales of alcohol to minors and ABC agents made 1,619 arrests. Among the arrests made last year were arrests of 422 so -called "B-girls," women who hang around bars, often on bar owners' payrolls, getting men to buy over- priced drinks. But with far fewer personnel, that record of enforcement will fail way off, many ABC officials said. .,Essentially, the department is pretty much going to be out of business," said Dean Rewertz. an ABC agent assigned to the San Francisco office and an officer of the California Union of Safety Em- ployees. LOS ANGELES TIMES Thursday, October -), 1991 As for the suggestion Lhat local agencies will pick up sure of the slack. Wendell Phillips of the Cali- fornia Council of Police and Sher - iffs, an organization representing rank- and -file officers, said flatly: "No chance." Phillip., a Sacramento County sheriffs deputy, said local police Merida are forced to deal with their own budget cuts as well as an escalation in violent crime and gang activity. "What will happen If they cut that agency is there will not be any enforcement of the laws that ABC is responsible for, except on a haphazard basis. like i f you catch a 16 -year -old walking out of a liquor store with a six -pack of beer.•• Formal layoff notices reportedly will go out in the next few days. Agency officials said everyone with leas than at least 10 years seniority has already been told informally to look for another lob. "We have people who will lose their homes. They don't know what they are going to do," said oae supervisor. Supervisors will be reduced in rank by two steps, bumped from their current posi- tiona down to lower -level Investi- gator jobs, and will have to take the reduced pay that goes with their new Status. One San Francisco Bay Area investigator for ABC said Wednes- day, "All we've been told is the ax fell sad we will be getting notices in the next few days." As the word spread, various grasps around the state expressed alarm. Keilie Mattson, the state chair- P0 soa for Mothers Against Drunk Driving, called the cuts outrageous. She aid her organization already has written to Wilson protesung the cum 3iatm Mathers, president of the 6,b00- member Assn. for Los An- gelea Deputy Sheriffs, said his orga gmWon is "extremely con - oeraed that this is going to stress the already overextended resourc- es of local law enforcement and .. tape away from from our efforts to deal with some of the more serious V iolent crimes out in the streets." K, -7 , L s, 7 L T W. 7, - #I t7el V _., k -*=I 1 4 E 14 5711 �: a t - or f of 1111010 swr wdw girded staff cuts in the Notes Alcoholic Beverage Con- trol board ranks of investigators would strip the agency to the "bare bones," possibly reducing the IN Monte office's 11- member to m to two Investigators, ABC d1kWs announced Wednesday. -We're watching the ABC crumble around us. I'm at a logs to explain the dlepropwtionate treatment this agency is getting when it annually generates Sio willlon own than it r m ' to op. elate." sold Cad t'. {a, acting awishM director of the ABC's vouthern division. The staff cub, made at the di. VdIon of Gov. Pete Wilson's ad- sinisbution, are part of the of brio to toaope with the state's n4a blillon budget deficit this r- C) r'ri m C7 61 Were watNng the ABC (Alooll0lic Beverage Cor*d Board) crumble around us. I'm at a loss to explain the dismoIMonelte treatnent this agency Is getling ... 99 — C,A11. tRALIZITA Ada* assidW lads► of Alt: a assi�rw olMslsn y Follette said that among the pcry's most notable accom- isbrnenb bad been in baiting the sales of narcotics parapher- nala at liquor stores and curb- ing nude dancing at establish- ments serving alcohol. Forced to cut $5 million from Its 823 million budget. the ABC, which employs 366 workers, no- tified 171 employees Wednesday they faced a Nov. 1 lay-off date. mid Manuel Espinosa. an ABC deputy director at the apency'a Sacramento headquarters. Only 56 investigators would be left to handle ABC operations throughout the state, be said. About e2 percent or the AWS annual budget goes to mkV iss. a. TThecucutbbaccksW would also forms the closing or ABC oAless In In- glewood, Rancho Mirage near Palm Springs, San Marcos In northern San Diego County, San Luis Obispo, and Yuba City in northern California, he said. The local 91 Monte office would deMitely see its 11 -mem- her investigative team shoed by more than halt. to five Investips- ton, and possibly cut to two in- vestl ab". The ABC has two primary f ne"ons: issuing liquor li—e __ and errfotming liquor laws at es- tablWuaeots that either serve al- cohoUc ar stores sell - Ing package 1 wr. eald Judy Matty, an ABC vestigative eu- pervim at the ill Monte omee. In the San Gabriel Valley. two bars that recently mw a beery volume of community com- plaints were targeted by ABC agents: the North 40 bar In West Covina. since closed after nu- SAN CABR1EL VALLEY TRIBUNE - OCTOBER 3. 1991 `111E VALLEY SECTION" - Page B -1 .l' menus narcotics violations and The Switch in Hacienda Heights fined for serving liquor-lo mN nor*, Matty acid. "These aren't place list* you would want to ho jour daughter's wedding reception," Espinom mid. Other bars targeted and found in violation or either liquor or narcotics violations Include Go* die's Giving Room in la Puente and the Monterey Club in Mon-' tebello. Matty *aid. Seven ban in El Monte have reosntly been cited by the ABC for employing "B girls. women whose employment at the bar d band on their ability to get met to buy them drink@. she mid. "Naturally. there are a lot of investigations that will have to be dropped If we don't ve the staff," Matty mid. '., •�RlOAY�octa»r,4,.i991 �, � . Layoffs Co d de-Va.stat Hauor_la* `enf6kceM6nV iWlw Ctihx� tio'ti `litsft rtidue4af,• riileditad by- !'f W FPAMC.00 CXAMMA mullion cut in the a{{a wr till eases• Jim budget; maana.baw1w liquor SAN ir.wCISCo — Pshdw4. stores oiiti iin,self betise to'ml- layolfs iti' iba tlib;Dapattataat'ol : Dori with ;little 'li�,r'.of Setting, Atcobolto lVertgo Control 'Will' Get bring atl*temant • of Glliorela't liquor lkana laws to a virtual . ABC's sutatvlda ;Still boss. steals . halt, eriticeof the cuts nay.. .. r•:''; notiflad shelf'; W A&#Acy;�wbuid Law.ertlorcament • belcWi; `al•' sand' but plak AN to,3fl'an�Jolt•' oohol•tbusa' Prevantlon, atptCu sea with is• -the isntl'.tirq.•niontbb,' and ABC invatlg }ton slid • 'tho • s.o Aiwhit, .ago All �Atcoh�i • r.a. r.t,, Alai 'Director Jay Strob'said. What's 'move, a vacant positions will not be filled The cuts. which will reduce the agency's 4Wmember staff .by • more than so percent, are part of overall spending roduc- tionathis year in efforts to bal- aai# the atato budget. Rodney Blontao, an ABC iavaatigator and; .legislativo ,chairman of the T,Califorata Union of Safety Employees ' atC,it1SE), said, It appears that only S7.tnvestigatots will be left to , "7,f100.. liquor licarrq• uoteMtda. "Y atarted Meh the Stn >'ratr cQs Alatriet.' whkb Covers San P`raadioe anal' -Un.- Mateo, in ]97o'W1ten ,had' 2f invostl- gstors," said.' Mr: Blonlan: ' "Ndw we have Wne tot Ibm twQ cafflu a.•(AttV tbe'layeft) alt loch like we'tr going to hove ' Mr. Blonien aid the agents tetnatning after the cuts will be •lisalted to•3nwttigating appli• cants for rAW;Uqu4r ltceaaaa. with• Aittle, t1mv left to . probe alHkad liigtlor•law violstiens. , ,Tfe feel we have bans able oat lust keep a lid ca sales to .minas to .soma doorea." said Mr. Nation.;: °Obis worts. gets :40 thit we'ri'not• around any morn,'.Ood,',oily knows what's )vfdlilocafi '.eept'also can co- t foeee liquor, liwt; °few depart- : . 'msnb „males •,it t priority, Mr. Stroh said.,' "Load vies olfiea don't know -60 liquor laws' like our iavastigatsra, he said. "And t*lft laded,. to the hilt, so tbq •may tat be able to pick up "Um slack.” P* that 'ream. numerous California poUd .Chiefs wrote loam bf "at 'to the governor when the ABC • budget cut was ,i)titlaUy prppolld,'.t1CtOrdiog to the llevt 4 htdu atry No". a ' Layofb are A•mejor setback to alcohol -abuse preventtoa programs; sold, Michael sperm, e76icattive dirsew d, the Merin Institute fir. the P'remtlon of -Alcohol at Other Drug Prob- lem. -The AllC has really boar '- Working' bard V ON" to with Wei pteventiot groups -- doing "More., asferesment,, lookinf border at alcohol ttrobI= — in t the tut ter montiia " wId Mr. �9parks ' "w�'racwry,aadd Hutt , title , really' progressi va. - w,erkfn#,' rNadowhip has been gutted. ' \LASER IMAGED t RESOLUTION NO. 5626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING FOR THE RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1991 -92 AND THEREAFTER FOR THE STATE DEPART- MENT OF ALCOHOL BEVERAGE CONTROL AND URGING THE GOVERNOR AND THE STATE LEGISLATURE TO APPROVE FUNDING FOR THE ABC IN ORDER TO CONTINUE ABC ENFORCEMENT AT LEAST AT PRESENT LEVELS WHEREAS, the California State Department of Alcohol Beverage Control (the "ABC ") has aggressively enforced the laws prohibiting the sale of alcohol to minors and preventing illicit activities such as prostitution operations and the sale of narcotics at liquor outlets in our community; and WHEREAS, the City of Arcadia (the "City ") has urgent need to be assured that the ABC has the resources to discharge its duty to enforce these laws for the protection of the health and safety of our community; and WHEREAS, the anonymity of ABC investigators and the specialized expertise of the ABC enforcement officers greatly enhances the likelihood of successful investigation and prosecution of certain alcoholic beverage - related criminal offense, including unlawful sales to minors, prostitution related alcohol sales violations, and illegal narcotic sales at business premises licensed by the ABC; and WHEREAS, the City acknowledges that in the last many years the State has fully occupied the field of issuing licenses for the retail sales of alcohol under California State Constitution Article 20, Section 22 and the State has limited zhe ability of LASER IMAGED municipalities to collect certain revenues and to enforce statewide laws pertaining to certain alcohol - related business operational regulations and criminal law enforcement; and WHEREAS, in view of the preemption by the State of many aspects affecting the regulation and control of the retail sale of alcoholic beverages, the State has also accepted an obligation to local agencies and the People of this State to use the revenues as generated by the ABC from the regulation of the retail sale of alcoholic beverage and the proceeds of criminal fines or forfeitures relating to violations of ABC regulations for the enforcement of State laws pertaining to alcohol sales; and WHEREAS, a reduction by the State of the funding level available to the ABC during State Fiscal Year 1991 -92 violates the covenant of the State to local agencies and the People to enforce the laws and regulations applicable to the retail sales of alcoholic beverages; and WHEREAS, a reduction by the State of the funding level available to the ABC is likely to have a severe and adverse effect upon the public health, safety and welfare resulting in costs far in excess of any alleged savings from the proposed ABC reduction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1: The City Council hereby calls upon the Governor of the State of California and the Legislature of the State of California to take immediate steps to continue funding for the ABC at a level necessary so that no personnel positions are removed -2- 5626 LASER IMAGED I because of State budgetary compromises during State Fiscal Year 1991 -92 and thereafter. SECTION 2. The City Council hereby urges all local agencies to take appropriate action to notify their State legislative represenatives and the Governor that a reduction in the funding of the budget of the ABC will result in severe and adverse impact upon the public health, safety and welfare. SECTION 3: The City Clerk is authorized and directed to transmit a copy of this Resolution to each member of the California Legislature, the Governor of California, the President of the California League of Cities, the mayor of each incorporated municipality and the clerk of the board of supervisors of each county in the State of California. SECTION 4: The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of October, 1991. ATTEST: /s/ Jli %LIZ D. ALFORD City Clerk of the City of Arcadia -3- /s/ CHARLES E. GiLB Mayor of the City of Arcdia 5626 LASER IMAGED i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5626 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 22nd day of October, 1991 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None /s/ JUNE D. ALFORD City Clerk of the City of Arcadia -4- 5626 LASER IMAGED