HomeMy WebLinkAboutOCTOBER 3,1995
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(JIlt;. , u
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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.
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CHANG
(Support of
City Based
Businesses)
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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
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')/ ';-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.)
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appropriate forms have gone to these businessmen from the Community Development
Director.
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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.
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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
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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
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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
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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
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7a.
XlNUTE
APPROVAL Session) and September 19, 1995 Regular meeting.
(Sept.15,1995)
(Sept. 19,1995)
7b.
CITY
FINANCIAL
POLICY
(Received
& Adopted)
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7.
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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)
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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
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8.
8a.
TELEVISING
OF CITY
COUNCIL ~TGS.
(CONTINUE
CURRENT
. POLICY:
AUTH. SPEC.
MTGS. WHEN
FEASIBLE)
() kro -:.fO
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CITY MANAGER
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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,
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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
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this side of the Valley. He would like to see the Council support Mr. Larry Glenn of
Glendora.
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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