Loading...
HomeMy WebLinkAboutOCTOBER 3,1995 I I I 37:0280 (JIlt;. , u 100: '; CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK t ( MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 3, 1995 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:00 p, m" Tuesday, October 3,1995 in the Arcadia City Hall Council Chambers. INVOCATION Rev. Thomas Shriver, Emmanuel Assembly of God PLEDGE OF Gary Rogers, Assistant to the City Manager/Human Resources Manager ALLEGIANCE ROLL CALL PRESENT: ABSENT: Council members Chang, Kuhn, Ulrich, Young and Lojeski None 1. PRESENTATION la. O/~~ ;/U Jim Burrows, representing the Arcadia High School Music Club and the Arcadia Festival ARCADIA of Bands, stated that Arcadia kicks off its official band competition season on Saturday, FESTIVAL October 7. He is present tonight to talk about the Arcadia Band Review which will take OF BANDS place on November 18. This is 42nd year of the Band Review. Music Club members are all proud of the history of the band review which is the longest running and biggest band review in Southem Califomia. However, the Club could not have accomplished this without the continuing support of the City Council, and they all hope this support will continue for many years to come. This year the parade of bands will march down Baldwin Avenue, however, the field competitions will be held at Citrus College in Azusa at 9 a.m. and 5 p.m., which they hope will be attended by some of the larger high schools. Mr. Burrows invited the Mayor and Councilmembers and their guests to the dignitaries reception prior to the parade and the ride down Baldwin Avenue. Mr, Burrows also mentioned that the Arcadia Band is proud to represent the City of Arcadia at Dodger Stadium at the pre-game ceremonies starting at 4:30 p. m. today. 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - REPORT~ANNOUNCEMENT~STATEMENTS None 3. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING CLARIFICATION OF AGENDA ITEMS None 10/3/95 1 ORD. & RES. READ BY TITLE ONLY 4. 5. CHANG (Prop. 62 Re Taxation) 37:0281 It was MOVED by Councilmember Young, seconded by Councilmember Ulrich and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AYES:. NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None AUDIENCE PARTICIPATION Helen Romero-Shaw, new District Manager, Southern California Gas Company, stated, in part, that she is present to introduce herself, and to let the Council know they have a representative at the Gas Company, and that she will be in touch regarding any issues of mutual concern. MATTERS FROM ELECTED OFFICIALS Councilmember Chang commented on a newspaper article dated September 29 regarding tax increases which require voter approval. Under Proposition 62 constitutional taxing ability of cities and counties will be restricted, The article also mentions that charter cities may be exempt from this proposition. We must look at this article to see if there are any taxes that will need to be approved by the voters because we have an election coming next year, and preparations may have to be made. The City Attorney responded that the case report reached his office yesterday and, after review, a report will be prepared for Council. He does not think it will affect any items thaI have already been approved. (Arcadia Councilmember Chang commented Ihat he has read the Summer 1995 Report 10 the High Sch. - Community from the School District. Arcadia High School was awarded a granl for an p AC- RIM~AB) innovative program, and is one of four schools Ihat was awarded such a grant This J I" -) ,.1 i:J program is called PAC-RIM-LAB. The program has a number of business and ., - educational partners, including Xerox Corporation, Hughes, GM, etc. This program tV' .,~ /" acknowledges thaI the grealer Los Angeles area has become an integral part of the growing global economy, and is one of the largest commercial cenlers for Ihe Pacific Rim that includes North America, Central and South America and Asia. The focus of Ihis program is 10 prepare participaling studenls 10 have skills applicable 10 Ihe intemational business economy, including Ihe ability to interact wilh people from other nations, both in their own worX places or electronically; to have an understanding of intercultural communication, teamworX, foreign languages, legal, economic and political systems; and to be well prepared to enter university programs in related areas. Students who apply for the program will have an opportunity to become proficient in at least two languages and to engage in global studies, as well as to participate in community learning experiences and intemships. This program is to be started in the 1996-97 school year. He wishes them success with this program. (Neighbors for Arc.- Comm. Ctr.) Councilmember Chang referred to a memo dated September 22 regarding rental of the Community Cemer by the Neighbors for Arcadia. He feels this group should be allowed to use the Community Center for their meetings. He thinks they are wooong for the welfare of the community. Also, he thinks that Santa Anita Realty Enterprises should be pennitted the use of the Community Center for meetings if they wish. I I 10/3/95 I 2 I I I CHANG (Support of City Based Businesses) 37:0282 CouncHmember Chang received two letters from local businessmen - John Chan of Cetec Engineering, Inc., and Thomas House of HRC Consulting, Inc. They feel that more City sponsored projects should be awarded to Arcadia businesses, and listed some advantages to the City of doing so. Their message is, that Council should support local businesses. (Arcadia Councilmember Chang attended the Arcadia Toumament of Roses Association Festival Tournament of Food held the previous evening at the Santa Anita Race Track. There was a large of Roses attendance. The food for the Festival was provided and donated by a number of local Assoc. Brents) restaurants. On Friday, November 3, the Arcadia Toumament of Roses will hold their Coronation Ball at the University Club of Pasadena. (Arcadia Transit Day) (Methodist Hospital Foundation) (Greek Festival) Councilmember Chang commented that September 27 was Arcadia Transit Day, and he went for a free ride available to the passengers on that day. The new van was able to convey three wheel chairs at a time. The driver was professional and kind, and helped the passengers into the van. He was disturbed by graffiti on that brand new van, and by word from the driver that there was a cut on one of the other new vehicles. This should not happen in Arcadia. Council member Chang attended the Crystal Ball sponsored by the Methodist Hospital Foundation on September 30. This was a function to raise funds for the new patient tower. The Foundation has raised six million of the eight million dollars required to build the patient tower. Mr. and Mrs. Stanley are chairpersons of the fund raising committee, and were honored at that event. CouncHmember Chang also mentioned other local organizations that made contributions to help the Foundation have a successful fund raiser. Council member Chang commented that on September 23 he attended the Greek Festival at Santa Anita Park. This was the 37th Festival; the 19th at Santa Anita Race Track. They raised S50,OOO to $60,000 for the Arcadia St. Anthony's Greek Orthodox Church. Councilmembers Barbara Kuhn and Mary Young were present also. He commended Santa Anita Race Track for their help with this community event. Dawn Clark, Santa Anita Public Relations Department listed thirty-two community events that have been held or are to be held at the Santa Anita Race Track during 1995. (Republican Council member Chang attended a Republican, Great American Barbecue. There was Party Event) good attendance and entertainment was provided by several groups who performed with songs and dances. He commended all the Republican committee members for their hard work. (Calif. Public Council member Chang attended a Califomia Public Affairs Forum in downtown Los Affairs Angeles on September 26. The topic was "Safe Communities - A Search for Solutions". Forum - There was a great deal of discussion, but he is not sure any definite solutions were Saf e identified. We should all be part of the effort to attain a safe community. He thinks the Communities) family is the essential, vital and indispensable part of such an effort, and to help solve the teen age problem. Also we should support the Arcadia Police Department PAC.E. 2000 community policing effort. LOJESKI (Combr. Chang's Items Addressed) Mayor Lojeski addressed two of Council member Chang's items. 1) The use of the Community Center item was already addressed and laken care of over a week ago. 2) Copies of Ihe letters from Mr. Chan and Mr. House were provided 10 all the Councilmembers. Mayor Lojeski had personally addressed the matter; also letters and 10/3/95 3 ')/ ';-0 -.:fiJ KUHN tV S J' (Student Government Day) (Police Dept. P.A.C.E. 2000) ULRICH (Nat'1. Childhood Cancer Fdtn. ) (Arcadia Tourn. of Roses Coro- nation Ball) (Sizzler Property Cleanup) YOUNG (L.A. Garden Show) (Methodist Hosp.Fdtn.) (San Gabriel Basin Water Quality Auth. Bd. Dir.) 37:0283 appropriate forms have gone to these businessmen from the Community Development Director. I Mayor Pro tem Kuhn referred 10 the Sludenl Govemmenl Day 10 be held at City Hall on Friday _ October 6. This was organized by Cindy Rowe. Mayor Pro tem Kuhn is looking forward to participaling in the students' leaming process of local govemment. II should be a great day and she is sure other people would like to share in the program. Mayor Pro tem Kuhn would like 10 see a report prepared and dislributed. , . Mayor Pro tem Kuhn noled that on Friday, October 27 Ihe Police Department will be celebrating the PAC.E. 2000 at the Mall. She would like to see residents come to the Mall to support the Police Department and our youth, and enjoy the celebration. Councilmember Ulrich commented that he had represenled the Mayor at a luncheon at the Ritz Cartton-Hunlington Hotel of the Board of Trustees of the National Childhood Cancer Foundation celebration of their 51h Anniversary. He presented the Mayor's Certificate of Commendation and leamed about the organization which is based in Arcadia. He was impressed with what they have accomplished in five years. They employ 70 people locally and coordinate the work of 2500 cancer specialists at 115 prestigious institutions throughout the county. They specialize in conquering childhood cancer, and have impressive statistics, which they shared with him. The Foundation issued Council an invitation to visit their offices. Councilmember Ulrich feels they do a very important job, and Arcadia should be proud that they are located in our area. Councilmember Ulrich commented Ihat, as a Director of the Arcadia Toumament of Roses Association, he apprecialed Councilmember Chang's "plug" for the Coronation Ball. He would like to add Ihat the Association's Miss Arcadia Pageant is to be held this Saturday, October 7 at the Holly Avenue School Auditorium. Selections will be made by the judges for the Toumament Queen and Court. Councilmember Ulrich stated that he is concemed about the deterioration of the former Sizzler property on Baldwin Avenue. He realizes that an ownership transfer is in process with this property, but if it is possible for the City to lake some action to clean up the property, he would like to see this done. The City Attomey agreed that the property is deteriorating. There is a normal enforcement mechanism requiring a notice period. The City has successfully addressed other commercial properties in similar states of deterioration. If the City inspectors are unable to get the owners to comply, an office conference will be set up in Ihe Attomey Office and, if necessary, Ihen we will go to court. He has not seen reports as yet, but there are remedies. A report will be provided. I Councilmember Young commented that Councilmembers received an invitation to the Los Angeles Garden Show to be held at the Arboretum. Unfortunately it ;s on a Council meeting evening. Perhaps other arrangements can be made. Councilmember Young commented that the Methodist Hospital Foundation fund raiser was very successful - with gifts of approximately $82,000 plus whatever they eamed from their auction. Councilmember Young commented "In endeavors in running for this vacant seat, the Water Quality Board has given me the opportunity to visit many city councils, and I have had a warm reception at all of them. The Board is most important to the Valley and representatives from the pumping cities must be honest, forthright and diligenlly work I 10/3195 4 I I I 37:0234 toward a solid, efficient and fiscally sound plan to continue the water cleanup. The charge to the cities by the authority, and thai is the money charge, and its administrative costs need to be monitored, as does any future indebtedness. While EI Monte's pumping from the basin is limited - they have very few wells - their voting muscle is disproportionately great, since every 10,000 residents generate one vote. I feel strongly that the representative of the pumping cities should be from a real pumping city. While I feel I can do a good job, in view of these factors, I urge you to support whoever you feel will do the best job, be it myself or Larry Glenn." LOJESKI Mayor Lojeski is also looking forward 10 Ihe Sludent Govemment Day. This is an (S tudent outstanding opportunity to interact with the young people in the community and give Government them an opportunity to leam how govemment works. There will be students who will be Day) cJl, .J.. ,.) Council members, City Librarian, Police Chief, City Clerk. There will also be a mock City N~ I Council meeting. (Arcadia Transit Day) Mayor Lojeski noted that he has heard great comments from people in the community abou1 the Arcadia Transit. Passengers who rode on Arcadia Transit day were very impressed with the new vehicles and the timeliness with which they are picked up. He would like to share that with Ihe staff. Council members all took tums riding with Arcadia Transit that day. (Joint Mtg. Mayor Lojeski announced that on Thursday, December 14, there is to be a joint meeting City Council with Council and the School Board held in Ihe Council Chambers or Conference Room. and Arc. This is to be an open meeting for anyone in the community who may wish to attend. Sch. Bd.) Pursuant to direction given at the last joint meeting, reports are being prepared from Ihe Recreation Department and the School District. A review of Ihe reports will answer many of the questions resulting from Ihe previous meeting. This will give the Council an opportunity to find out how the School District's construction projects at various schools are working out, as well as 10 review other items of mutual interest. This joinl meeting presents an outstanding opportunily for the two elected bodies to sit down in a study session type of atmosphere, and be able to share thoughts and ideas in order 10 get a better feel of what is going on in the community. (Policy Statements) Mayor Lojeski commented on Ihe excessive number of policy statements generated by staff for the City Council. During his twelve years as a Councilmember, he does not recall seeing a need for policy statements for simple day-to-day operations. In his opinion, when it takes staff time to prepare a seven page document on Ihe subject of City pins, proclamations, certificates, information packages, stationery and badges, this is an absolute waste of time. If, as individuals, Councilmembers cannot understand "what our charge du1y is. to serve out a City Council term for the community's best interests, without having to put staff Ihrough the exercise of putting these types of policy statements together, we should sit back and look at the rules of being a City Council person in this community. 6. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: ABSENT: Agency Members Chang, Kuhn, Ulrich, Young and Lojeski None 10/3195 5 6a (l) . :lINUTE APPROVAL (Sept. 15, 1995) 6b. REIMBURSE'T TO CITY FOR EMERG. WORK BY SEQUEL CONT. & AUTH. EXPENDITURE OF FUNDS (Downtown 2000) 06 if rI . ,l ,) (. 6a(2) . MINUTE APPROVAL (Sept.19. 1995) (APPROVED) ADJOURNMENT 37:0285 CONSENT ITEMS APPROVED the minutes of the September 15, 1995 Adjoumed Regular Meeting (Study Session> . Consideration of emergency work performed by Sequel Conlractors, Inc. on the Downtown 2000 Streelscape and Public Improvement Project. On August 22, 1995 the City Council adopted Resolution No. 5877 declaring that an urgent threat to public health, safety and welfare existed due to the incomplete status of construction, the uncertainty of Ihe duration of the work stoppage and the upcoming rain season. The Resolution suspended Sully-Miller from certain work due 10 a labor dispute impacting their ability to perform contractor's work in these areas and authorized staff to obtain a replacement contractor for limited emergency work without advertising for bids. Sequel Contractors, Inc. has since been retained as contractor and the emergency work is underway. Since the Agency is the primary source of funding for Ihe Downtown 2000 project and is reimbursing the City for the Agency's share of Ihe work, staff requests the authorization 10 spend $650,000 and approval of Sequel Construction for the emergency work. RATIFIED Sequel Contractors, Inc. for the emergency work on the Downtown 2000 Project; REIMBURSED the City of Arcadia for Sequel's work; and AUTHORIZED the expenditure of $650,000 for the emergency work. On MOTION by Agency Member Chang, seconded by Agency Member Ulrich and CARRIED on roll call vote as follows, Consent Items 6a(1) (10/15/95 Mtg.) and 6b were . APPROVED. AYES: NOES: ABSENT: Agency Members Chang, Kuhn, Ulrich, Young and LOjeski None None On MOTION by Agency Member Ulrich, seconded by Agency Member Kuhn and CARRIED on roll call vote as follows the minutes of the September 19, 1995 Regular Meeting were APPROVED. Ayes: Noes: ABSENT: ABSTAIN: Agency Members Chang, Kuhn, Ulrich and Young None None Chairman Lojeski (He was not present at this meeting.) The meeting ADJOURNED to October 17, 1995 at 7:00 p. m. CITY COUNCIL RECONVENED I I 10/3195 I 6 I II I 7a. XlNUTE APPROVAL Session) and September 19, 1995 Regular meeting. (Sept.15,1995) (Sept. 19,1995) 7b. CITY FINANCIAL POLICY (Received & Adopted) O,J ,~(.' \0',', 7. 37:0286 CONSENT ITEMS APPROVED minutes of the September 15, 1995 Adjoumed Regular Meeting (Study In an effort to insure financial stability, the Administrative Services Department, as part of the 1995-1997 work program objectives, developed a Financial Policies Document to provide basic guidelines to be followed in the conduct of the City's fiscal affairs. . Councilmember Chang inquired about lIem No. II of the Financial Policies, "It shall be the goal of the City to present for adoption each year a balanced operating budget for all Govemment Funds whereby total revenues will equal or exceed total operating expenditures. In addition, it shall be a City goal 10 maintain an undesignated fund balance in the General Fund equivalent 10 20% of the annual appropriation". Since it has been acknowledged that it may not always be possible 10 maintain the 20% of the annual appropriation in Ihe General Fund, should this be part of the Financial Policies? The City Manager and Mayor Lojeski explained Ihat this is a goallhe City is setting, and staff is suggesting policies 10 ensure that the City moves toward that target. There is a distinction between goalS and objectives - the goal is what the City would like to achieve; the objective is a measure to ensure that we Iry to achieve that. A goal is not a specific statement of what we have to achieve in an exact 20% figure. There is no penally for not achieving the goal; it is a concept. Councilmember Chang fell that a procedure should be set up to achieve the goal of a 20% balance in the General Fund equivalent to the annual appropriation. . RECOGNIZED Ihe City Financial Policies document attached to staff report dated October 3, 1995; RECEIVED and ADOPTED said policies. 7c. TRANSFERRED AUTHORIZED the lransfer of funds in the amount of S20,000 allocated for Ihe Library CIP FUNDS Book Security System from Ihe 1996-97 Capital Improvement Program to the 1995-96 FR FY 1996-97 Capilallmprovement Program. TO FY 1995-96 (Library) o.:t oj () ~, , 07.,',<. 1(1 THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCILMEMBER ULRICH AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Kuhn, Ulrich, Young and Lojeski None None Mayor Lojeski (Abstained from a vole of approval on the minutes of the September 19, 1995 Regular Meeting since he was not present at that meeting.) 10/3/95 7 8. 8a. TELEVISING OF CITY COUNCIL ~TGS. (CONTINUE CURRENT . POLICY: AUTH. SPEC. MTGS. WHEN FEASIBLE) () kro -:.fO 37:0287 CITY MANAGER I At the last City Council meeting there was a lengthy discussion of televising adjoumed and/or special Council meetings. After considerabie Council discussion, there was no conse'lsus as to which direction to proceed. The Mayor was not in attendance at that meeting. At Council's suggestion Ihe matter was continued to allow Ihe Mayor to review the Council minutes and video tape, and it is now back to Council for final deliberation. Council member Ulrich stated that he had initiated this item and it is his suggestion that Council 1) continue the policy of televising all the regular City Council meetings, and 2) authorize Ihe City Manager to, whenever feasible, also televise special or emergency City Council meetings. He had no recommendation regarding televising study sessions. Councilmember Chang stated in part, that in his opinion, the Council should lelevise all regular and special Council meetings as well as Ihe study sessions. All the meelings could be held in the City Council chamber. There are no technical difficulties; for emergency meetings, a twenty-four notice is sufficient; and Ihe cost is only $375. for two hours; and he feels Ihat it is worth the money. The citizens should have Ihe opportunity to watch all of the Council meelings. II was determined in a recent survey that only 18% of Ihe citizens obtained information from Council meetings while 60% of the households subscribe to cable TV. The Council needs 10 make a greater effort to let people know what is happening in the City and City Council. The citizens have a right and a responsibility to know what is going on in the City. Also, it helps to educate cilizens about their City govemment, and to bring about more participation. All County and State govemment meetings are televised, and they are doing their best to let citizens know what they are doing. The Arcadia School District is also interested in expanding its utilization of the televising of educational programs and events. Many times important directions were set, consensus built and actions laken at study sessions, and this process should be known by the citizens. It was MOVED by Councilmember Chang to televise aU meetings of the City Council, I excluding Closed Sessions. The MOTION DIED for lack of a second. Mayor Pro tem Kuhn stated that the informal discussion that goes on in the study sessions is dull, boring and almost non-informative because it involves a fifteen to twenty minute staff report on materiallhat is then usually taken home for further study by Council members. There is Ihe matter of cost. Mayor Pro tem Kuhn felt there are more important ways to spend money, than in indiscriminately lelevising every single time Council meets for any1hing. Councilmember Young commented that there were seventeen regular meetings which were lelevised. Of the other meetings, there were six closed sessions, with five special meetings at which action was taken. Those, she agreed, could have been televised. Councilmember Young stated that the seven meetings during which no action was taken, were probably short and she agrees with Mayor Pro tem Kuhn, these meetings did not need to be televised. Council should be aware of the budget, but present the meaningful meetings to the citizens. Mayor Lojeski commented, In reference to previous statements, that he does not like those kinds of innuendoes; the misconception of smoke screens, and that something is being hidden from the community. That is exactly what has been perpetuated here by one individual. He and Councilmember Young have served almost Ihe same amount of lime on City Councils, and they agree that in the last three years, the Council has tried very hard to keep the community informed - via cable television, via water bills, taking out paid advertisements in local newspapers, etc. There must be a point in time when Ihe citizen takes some responsibility. Even if they don' subscribe to cable TV or to a newspaper, 10/3/95 I 8 I I I , I " ~ .) '1.<',;":' , 37:0288 there are still many opportunities 10 find out what is going on in the City. The Council works very hard not to keep anything from the citizens. Council has also worked hard with the Finance Departmenl to help keep the cilizens informed of the financial status, and how the changing situation in Sacramento affects Arcadia. We orchestrated that througb a study session initially, so that Council could become oriented with the material that was to be presented. Staff wants to know if it is moving in the right direction. Then it comes back at a regular Council meeting which is televised. The purpose of a study session, as Councilmembers Young and Kuhn said tonight, is an opportunily to just get informalion 10 find out where Council is heading. If it is a matter of money to be spent, at the next agendized Council meeting or shortly thereafter Ihat item is on the agenda with full discussion, full disclosure, full analysis by staff prior 10 anything being done. This gives the citizens full opportunity to be part of Ihe process. Mayor Lojeski feels that lelevising study session serves no purpose, unless it is a study session of special importance. Televising special meetings would be appropriate when Ihere is a decision that it would be important to do so. It was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vote as follows that Council CONTINUE the current policy of televising only Regular City Council meeting, that the Cily Manager be AUTHORIZED, when arrangements are feasible from a timing standpoint, to arrange that Special Council meetings be televised as well. Councilmember Chang commenled additionally, with regard to the cost, he has made a calculation that for the sixteen additional study sessions and special meetings during the past year to have been televised would have cost $6,000, based on S375 for each two hour session. When the City has a twenty-six million dollar budget, Ihis is just peanuts. He does not think cost should be an issue. AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski Councilmember Chang None 8b. SAN GABRIEL Report and recommendation to adopt Resolution No. 5880 casting Arcadia's voles for a BAS IN WATER nominated candidate to represent cities with prescriptive pumping' rights on the San AUTHORITY Gabriel Basin Water Quality Authority Board of Directors. This matter has been BOARD OF conlinued from the last two meelings. On August 1, 1995, the City Council nominated DIRECTORS Councilmember Mary Young to fill the seat on the Water Quality Board which was CANDIDATE vacated es a result of Councilmember Bob Margett's election to Ihe State Assembly. (Larry Glenn) The other candidates are: Maria Avila, EI Monte; Larry Glenn, Glendora; and Lois Shade, Glendors. In the discussion, in response to a question from Mayor Lojeski, staff Of,:> CJ - ,~(' said that, according to their best information, two candidates could be receiving a majority number of votes - Maria Avila from EI Monte and Larry Glenn from Glendora. SOme cities are still having council deliberations, however, it appears that Larry Glenn may have the majority of votes. Mayor Lojeski stated that information he received indicates that Larry Glenn has twenty- one votes at this time. with a good chance that Whittier will vote for him, leaving Covina and Arcadia to select a candidate. Mayor Lojeski further said that this election of a candidate for the seat on the San Gabriel Basin Water Quality Authority Board of Directors is extremely important to the interests of Arcadia. In light of that and seeing what the support is, it is important, rather than to sacrifice a hold that Arcadia has on the board. that Arcadia help support an individual who would support Arcadia's interests in 10/3195 9 3i:0289 this side of the Valley. He would like to see the Council support Mr. Larry Glenn of Glendora. I It was MOVED by Mayor Lojeski to nominate Glendora Mayor, Larry Glenn, for election to the ~oard of the San Gabriel Basin Water Quality Authority. The MOTION DIED for lack of a second. It was MOVED by Mayor Pro tem Kuhn to nominate Councilmember Mary Young for a seat on the San Gabriel Valley Basin Waler Quality Authority Board of Directors. The MOTION DIED for lack of a second. Council member Young stated that this is a very important and very complex position, and is a Board that Arcadia has had a 101 to do with, now and in the future. Councilmember Young suggested that the Council elect Larry Glenn. She would be glad to serve on this Board, but ralher than see Arcadia not have a vote, she would prefer that Mr. Glenn be the elected Board member. Mayor Lojeski expressed appreciation for Council member Young's comments. MOTION It was MOVED by Mayor Lojeski, seconded by Council member Young and CARRIED on roll call vote as follows to CAST Arcadia's five (5) votes for Larry Glenn to represent the cities with prescriptive pumping rights on the San Gabriel Basin Water Quality Aulhority Board of Directors. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None I RESOLUTION NO. 5880 (ADOPTED) ()f :,"O.J (I 1\ was MOVED by Mayor Lojeski, seconded by Mayor Pro lem Kuhn and CARRIED on roll call vote as follows that Resolution No. 5880: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, CASTING ITS VOTES FOR COUNCILMEMBER FROM THE CITY OF GLEN DORA, LARRY GLENN TO REPReSENT CITIES WITH PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY", be and it is hereby ADOPTED. AYES: NOES: ABSENT: 8c. 17 & ~ 0 .. \ ~ ,oJ ( DOWNTOWN Pursuant to Section 8 of the "Greenbook" - Standard Specifications for Public Works 2000 STREET- Construction (1994) as incorporated by Section 1 of the Contract and the referenced SCAPE PROJ. - Notice Inviting Bids of the City of Arcadia contract with the Sully-Miller Contracting JOB NOS. 582, Company for the construction of the City of Arcadia Downtown 2000 Streetscape Project 646, & 550 dated April 25, 1995, staff recommended that the City Council cancel the contract for (Sully-Miller default and direct staff to submit the required notice to the contractor and contract Con t r ac t ing sureties for all applicable bonds. co.) (CONTRACT Sully-Miller (the Contractor) has failed to execute the required work in the manner and at TERMINATED such locations as specified by the City; failed to maintain a work program consistent with FOR DEFAULT) the City's interest; or carry out the intent of the contract. Contractor has abandoned its Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None 10/3/95 I 10 37:0290 I responsibijity for the Project site, failed to maintain safety precautions, and despite numerous representations of their willingness to retum to work, Sully-Miller has not done any work on the project since on or about August 2, 1995 and is currently not wOrking. After the City's suspension of a portion of the contract work by Contractor pursuant 10 emergency Resolulion No. 5877 (adopted August 22, 1995), Contractor still failed to perform on the remainder of the Project (the non-suspended work area) and to date has abandoned this portion of the sile despite representing to the City that they are capable of performing. In view of Contractor's post suspension representations of ability to perform, the City requested that they supply the City with the date of their retum to the suspended work area. Contractor has neither responded nor retumed to work. At this time it appears that at the conclusion of the emergency work in the suspended work area, Contractor will still nol perform under the contract. Staff has been in communication with Contractor numerous times over the past eight weeks and at no time since earty August has Contractor performed or committed to a meaningful process to meet their contract obligations and to relum 10 work. This is so despile numerous written representations by the City for Contractor to relum to Ihe non- suspended work area. Likewise, as to the suspended work area subject to Contractor compliance with certain reasonable assurances. It is therefore staffs conclusion that Contractor is not complying in good faith with the intent and purpose of the contract. I In sum, Conlractor has without valid excuse failed to perform its fundamental contractual duties and obligations to Ihe City. As of yesterday, due to efforts of City staff, ASL Engineers and Sequel Construction, Inc., Ihe emergency work was completed on time and within the budgeted authorization amount. At this date, there has been no action from Sully-Miller to come back onto the project. Council has received numerous correspondence and documents from staff, as well as from Sully-Miller conceming this matter. The City has reached a point where there is need to take action to get this project back on schedule. The City Attomey has given Council specific legal matters and responses to inquiries and procedures, and at this point, staff is recommending the termination or cancellation of the contract with Sully- Miller. The City Attomey stated in part that Ihe City is acting under Ihe conlract. Section 6 of Ihe "Greenbook," which is the Standard Specification for Public Works Construction, is incorporated as part of the agreement, and staff is acting pursuant to those contractual provisions. For reasons which have been summarized in the staff report, staff is recommending that the Council declare the contract to be canceled, and p\lrsuant to the requirements of the "Green book" , direct service of the notice of cancellation on the contractor and on the contract sureties - those who have the performance bond with the City - giving them five days notice to assume control and commit to perform the work to the satisfaction of the City. If the Council acts consistent wilh staffs recommendation this date, the notice will be sent tomorrow, October 4, by FAX and certified mail to the contractor and to the surety on the performance bond. There will be some time lapse before any final cancellation occurs. The performance bond sureties have many options - they can hire a contractor to complele the job to the City's satisfaction, commit to certain financial responsibility, or they can take the position that there is no real default, in which case, they could possibly be named in a future suit by the City, if that is necessary. In summary, the City Attomey stated, "We believe Ihat the Contractor has, I 10/3/95 11 37:0291 without valid excuse, failed to perform its fundamental conlractual duties and obligations to the City and that is why we recommend the action that is before you this evening.. I II was MOVED by Councilmember Young, seconded by Councilmember Ulrich and CARR lED on roll call vote as follows to DECLARE the contract with Sully-Miller Contracting Company dated April 25, 1995, canceled; and, pursuant to the requirements of the "Greenbook," DIRECT service of notice of cancellation on Ihe Contractor and contract sureties giving them five (5) days to assume control and commit to perform the work to the satisfaction of the Cily. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None 9. 06 ~o ~()J.f.-J 9a. RESOLUTION NO. 5882 (ADOPTED) CITY ATTORNEY The City Attomey presented and read the title of Resolution No. 5882: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE COMPLETION OF THE DOWNTOWN 2000 STREETSCAPE AND PUBLIC FACILITIES IMPROVEMENT PROJECT (THE "PROJECT") TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH AND PROPERTY AND AUTHORIZING STAFF TO LET CONTRACTS AND MAKE PURCHASES FOR THE COMPLETION OF SUBJECT PROJECT WITHOUT ADVERTISING FOR BIDS; DECLARATION OF FACTS CONSTITUTING THE URGENCY, AND DIRECTION TO SELECT QUALIFIED CONTRACTORS BY REQUESTS FOR PROPOSALS". . The City Attomey stated, "that the passage of this resolution will enable the City to I expedite completion of the project Downtown 2000 Stree\scape by non-adherence to the time-consuming advertising for bid requirements. If Council determines Ihat an urgent necessity exists, as described in the resolution, the City Charter permits preclusion of the bid advertising requirement. If the City goes Ihrough the formal bid process, it could delay completion of the project for at least two months, and perhaps up to three months. This would have a very negative effect on the area, the City, and potential revenues. There have been threats of potential liligation with regard to problems in thai area. There are also some safety concems, and many other concems as reiteraled in the resolution. With regard to Obviating the bid process, I do want to indicale that the resolution is very c1ear...we are still going to have a competitive negotiation process. There will be several contractors who will be sought after. We have certain prices that have already been established in the competitive bid process. And we, therefore, have a reference point to guide the City in the selection. The resolution will authorize selection of a new contractor by the City Manager after consultation with Ihe City's Project Engineer, and approval of the contract by the City Altomey. Implementation of the emergency resolution, if passed by the City Council, will have to be subject to the potential response of Sully-Miller and their bond sureties to the City's cancellation notice. Steps are alneady being taken to contact eligible contractors, to develop a new contract, to set up a new time schedule and make the arrangements to complete the job. However, they cannot be finally implemented until we are able to determine the reaction of the Sully-Miller Contractor and their sureties, which should be in the next several days." 10/3/95 I 12 I I I ~,JJ ^jfi-:~ J ne D. Alford, Clerk) 9b. ORDINANCE NO. 2040 (ADOPTED) 05r()-o', O~- Jr". '" r 10. lOa. lOb. LOJESKI (In Memory of Irene C. Margett) ADJOURNMENT (Oct.17,1995 7:00 p.m.) ATTEST: 37:0292 It was MOVED by Councilmember Ulrich, seconded by Mayor Pro tem Kuhn and CARRIED on roll call vote as follows to APPROVE Resolution No. 5882 and that it is hereby ADOPTED. AYES:. NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None The City Attomey presented for adoption and read the title of Ordinance No. 2040: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW DIVISION 6 TO ARTICLE IX, CHAPTER 2, PART 9, TO INCLUDE PROCEDURES TO ADOPT AND AMEND SPECIFIC PLANS". It was MOVED by Councilmember Chang, seconded by Mayor Pro lem Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2040 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None CLOSED SESSION The City Attorney announced Ihat: "pursuant to Government Code Section 54957.6 10 have a CLOSED SESSION at this point in time for conference with labor negotiators regarding the Arcadia Firefighters' Association, Teamsters, Management and non- represented employees", and "Pursuant 10 Govemment Code Section 54956.9(b) to discuss with City legal counsel pending or anticipated litigation involving a situation of significant exposure to liligation based on threats made by Ihe President of Sully-Miller and their legal counsel at a meeting with City officials on August 28, 1995, pertaining to City action to address the emergency situation described in City Council Resolution 5877 with reference to the Arcadia Downtown 2000 Streetscape Project." . Mayor Lojeski "adjoumed the meeting in memory of a lady I had the pleasure of meeling many, many years ago - the mother of one of our former Councilmembers and former Mayor - Robert Margett, our current Assemblyman. Irene C. Margett passed away on September 25, 1995 in Arcadia. Irene is survived by her husband, George Margett of San Gabriel, formerly of Bishop; two sons, Robert of Arcadia and Edward of Bishop; and six grandchildren. Services were held last WedneSday and Thursday evening at Ihe Holy Angels Catholic Church, Arcadia, followed by interment at Calvary Cemetery in Los Angeles." AI 8;35 p. m., the City Council ENTEREO aaJ:(LOSEO SESSION, RECONVENED and ADJOURNED at 9:18 p. m. to October "~995 at 7:00 p. m. in the City Council Chambers for a regular meeting to conduct the business of the City Council and the Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. 13 10/3/95