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HomeMy WebLinkAboutNOVEMBER 21,1995_2 I I I Ot'/o-~o 1t"/~j,- :J.7:0330 0< I. , c-c CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN TIlE OffiCE OF TIlE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 5. 5a. ARBOR DAY (Mar. 7, 1996) 5b. SAN GARBIEL VALLEY AYSO MINUTES CITY COUNCIL OF TIlE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 21. 1995 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:00 p. m.. Tuesday, November 21, 1995 in the City Hall Council Chambers, Rev. Gene Wallace, Episcopal Church of the Transfiguration Arcadia Fire Captain, Ken Marston PRESENT: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None (NOTE: Agenda items 1 - 4 are incorporated into the Adjourned Regular Meeting held this date.) PRESENTATIONS Mayor Lojeski read the following Proclamation "WHEREAS Arbor Day is celebrated throughout the nation to encourage the planting of trees; and WHEREAS, the City of Arcadia is proud of its trees, and recognizes the important role of trees on the health of the environment; and WHEREAS the Arcadia Beautiful Commission also serves as the Arcadia Tree Commission, to further promote the awareness of trees and their value to the community; lHEREFORE, I, Dennis Lojeski, Mayor of the City of Arcadia do hereby PROCLAIM March 7, 1996 to be Arbor Day in the City of Arcadia, and to urge all people, locally and globally to protect our forests, conserve our natural resources and preserve our environment for the future." The Proclamation was presented to Gloria Vertz, Chairperson of the Arcadia Beautiful Commission. Mr. Pat Gibson, Area Director, American Youth Soccer Organization, presented an update on the Soccer Program. With the World Cup here in 1994, youth soccer experienced a tremendous growth. A YSO nationally, now has 500.000 children playing in the program; 100,000 in Southern California; 13,500 in the San Gabriel Valley; 2.300 in Arcadia and Monrovia. Soccer is still a growing sport. This program hosts the largest Division I and II Program in the nation. More kids from 14 to l8 are playing soccer in the San Gabriel Valley than anywhere else in the nation, The A YSO program is an all-volunteer program. As a conservative estimate, it takes approximately 120,000 to 150.000 hours a year to put on the program in the San Gabriel Valley. Seventy-five Parks and Recreation positions would be required by the cities in the San Gabriel Valley to run this program; an extra million dollars in City staff costs. Mr, 1 11/21/95 5c. ARCADIA PUBLIC LIBRARY FOUNDATION VIDEO 5d. ARCADIA FIRE CAPTAIN DON SHAWVER (Oklahoma City Bombing) 37:0331 Gibson was present to say "thank you" to the CO~Cil for their support. A YSO does not own any land, and so it is completely dependent Ion the City Parks and Recreation Departments or School Districts in the Valley to allo~ A YSO to use their fields. A YSO tries to pay its own way. The Pasadena A YSO raised I $100.000 which they are using as the City's portion of a matching grant for lights Ion three soccer fields, In South Pasadena, A YSO spent $30,000 to completely renovate a junior high school field. The Arcadia program puts about $7.500 back into individual school sites where soccer is played. The organization also has a $25.000 - $30.000 rotating fund that rehabilitates a different field that they play on every year. They Pay for the lights at the City Hall field. There is a program to help rehabilitate City HaIl field every year. This is one of the premier fields in the Valley. and gets a lot of use. 'and is a very important part of the program. In years past A YSO has given plaques Imd other reminders to say "thank you" to the Council. This year, instead, he brought' a set of tee shirts which feature a logo advertising the fact that this program is the brgest Division I and II program in , the nation. It takes a lot of cooperation from the City Council and from the School District to allow A YSO to do that. He thanked thI: Council; Council's support is an integral part of the program. I Mrs. loAnn Scott, 609 Fairview Avenue, Vice President, Arcadia Public Library Foundation, presented a brief update on the effort$ of the Arcadia Library Foundation to raise funds for furnishings for the Library as ~ of the Library renovation and expansion project. The goal of the capital carnpaigo is $1. 2 million dollars to provide chairs, tables, cabinets. and computers. To help members of the community and organizations within the City become more aware ofl the Foundation's mission, a video has been commissioned. The video will be used inlprograrns for groups. service clubs. and civic organizations. Members of the Foundation's speakers' bureau will be happy to speak to such groups. Mrs. Scott then prese~ted the video, "Opening Minds to Shape our Future". At the conclusion, Mayor Lojesld thanked Mrs. Scott for sharing the video with the Council. and suggested that it be shown on the City's cable access channel for benefit of the residents. I I Mayor Lojeski stated., "shortly after the bombing in Oklahoma City, the Federal Emergency Management Agency asked the State 'of California Office of Emergency Services through the mutual aid process for two peOple in California who were experts in urban search and rescue. These two were to be loaned to Oklahoma City to help oversee field operations and assure that crews kre rotated regularly, and safety standards met. Arcadia Fire Captain Don Sha~r was one of the two selected. , Captain Shawver spent two weeks in Oklahoma City, representing not only Arcadia. but California's best. The Council asked him here this evening to recognize him, and 10 show the community the specia1 role that he play~ in a major disaster." Fire Chief Gardner than read a letter from the Director of the United States Secret Service, "On behalf of the men and women of the United States Secret Service, it is my honor 10 thank you for your efforts while serving as a front 'operations supervisor for the FEMA first team at the blast site of the Oklahoma City FbderaI Building. Your diligence and professionalism reflect the highest standards for ~excellence in public service. As a token of our gratitude. I have asked that you bci presented with the Secret SeMce Certificate of Appreciation for your actions and leldership in OIdahoma City. I hope that it will serve as a remainder of the high rellaro in which you are held by the members of this Agency. Sincerely, L. 1. B. Bouieod, Director, United States Secret Service." On behalf of the City Council and tile! citizens of Arcadia, Mayor LojeskJ presented Captain Shawver with the Mayor's Certificate of Service Commendation and conveyed his persooal thanks and appreciation for ok outstanding job well done. I I 2 1l/21/95 I I I 6. 01 J , - 16 N!,f- 7. ORD. " RES. READ BY TITLE ONLY " . 3i:0332 Fire Chief Gardner then a presented Fire Service video, "The Heat is On". which was prepared by Mrs. Gloria Metz, wife of Arcadia Fire Engineer Larry Metz. It is a recognition of the Fire Service men and women who serve the City of Arcadia, FolIOl,ing this outstanding ,ideo. Mayor Lojeski mtroduced Mrs. Metz and presented the Mayor's Cenificate of Commendation to her in recognition and appreciation of outstanding service to the community. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS- REPORTS/ ANNOUNCEMENTS/STATEMENTS City Manager Bill Kelly stated, in part, that, at the 5:30 p. m. meeting the staff presented alternatives to the Council regarding the City's refuse and recycling program for residential properties. The Council, after reviewing the alternatives. instructed staff to work with the cities of Monrovia, Duarte and Bradbwy on a multi.dty RFP process for trash recycling. Staff is to bring this back to the Council at an appropriate time for an update as to those negotiations and processes. At Mayor Lojeski's request, the City Manager reviewed the proceedings of the 5:30 p.m. meeting held on November 7, 1995. Several months ago the Council appointed a five-member citizen panel to review and reflect upon the City's existing City Chaner. The Comminee met eight times with the City Anorney, City Manager. and School Superintendent to review this document, and to consider alternatives or updates to the Chaner. After numerous meetings. the Committee presented their findings to the Council and four significant changes were proposed. The first change dealt with the "housekeeping" section, dealing with financial reporting, announcing of meetings, and related items. The second section dealt with the School Board operations and procedures. The third section dealt with the City Clerk's position and the modificauon of how the City Clerk is to be selected. The fourth section dealt with the Library Board and Library Department as to possible modifications. The City Attorney is now drafting the reports and arguments for the City Council's consideration. These will go the electorate in April for their consideration. The City Attorney noted that the specific ballot measures are being worded now. and will be presented to the Council December 5, 1995 with regard to the required resolutions. The regular election is being prepared now by the City Clerk, so the public will have ample opponunity to see how the ballot measures are worded. Additionally, when the registered voters get their ballot materials as part of the election, they will have the text of each change, the provision for arguments for and against, and there will be an impartial analysis of each measure by the City Attorney. He commended the Counci1 and the Charter Revision Comminee for their work in updating this important legal document for the City. Now the voters ""II have ample opponunity to have their say on these important revisions. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING CLARIFICATION OF AGENDA ITEMS. None It was MOVED by Mayor Pro tern Kuhn, seconded by CounciImember Chang and CARRIED on roll cal1 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 3 11121/95 8. 9. 9a. TCI/ CABLEVISION RATE INCREASE (DENIED) Q "1/(; .:.;C, F:0333 AUDIENCE PARTICIPATION Gail Marshall, 2320 Lee Avenue. stated. in part. that! after attending a Council Meeting in Temple City she noticed that their Council agenlbs are printed on both sides of the sheet. She thinks this practice could also result in sa~ngs for Arcadia. Garland Robertson. Sullivan's Paint, 134 East Huntilgton Drive, stated. in part. that he is a member of the Downtown Business Associati6n. and came here tonight to thank the Council for its commitment to the Downtown 2000 Project. It has been a difficult time this summer for retail business, but he thinks the commitment for what we feel is right for Arcadia for the long term should not chang~. Since the City changed to a new contractor. things have improved dramatically. Wh~n he went to the downtown 2000 office on Huntington Drive about a situation, it was 'handled expediently. Also the City Maintenance people have done an excellent job. As a merchant . he is looking forward to doing business in 1996. . I Marwuet Paooas. owner of Back on the Rack at ll8 South First Avenue, and Richard GiolS. of Hortense Florist on First Avenue; were present as representatives of the Arcadia Business Association to reaffirm their I endorsement of the Downtown 2000 Project. They have had immediate impact on their businesses just by the angled parking. The energy - merchants talking to each bther - is high. The shoppers like the new parking where they can just pull in and Inot have to parallel park. Mrs. Pappas expressed appreciation for Peter Kinnahan f,rom the City for all the support that he has given the ABA. specifically with regar~ to the Downtown First Avenue Merchants Campaign. There is going to be a full page ad with the City' S support. Eighteen merchants on First Avenue are cooperating in this campaign for the next three weeks. They are also going to be open on ThursdaY, nights. Ms. Pappas would like the residents to let the ABA know what they think about the Thursday night shopping. Mr. Giors agreed that they have noticed a difference i.j business with the slowing down of traffic because of the signals and the angled Jl3rlcing. They asked Council to please not give up on this project. I PUBLIC HEARING The Cable Television Consumer Protection and Jmpetition Act of 1992 (the Cable Act) provides local govenunent with the ability to r~gu1ate "basic only" cable television rates and requires that cable television companies Pf<Mde a justification of their rates to local government on specific forms. The Cable Act then requires that the City take public input when making rate decisions. OJ! April 13, 1995, TCUCableVision SlIbmitted an FCC Form 1210 justifYing a rate of $12.21 ($11.67 for the basic service tier plus an additional 4.6% inflation as justifiecj in Attachment I to Form 1210). Supplemental information was requested from TCI. On August l, the City's consultant, Communications Support Group (CSG)~ completed a review of Form l21O. The findings from that analysis are outlined in suiff report dated November 2l, 1995. Christine Whitfield Communications Support Grotip, stated that an analysis of Form 1210 has been provided to Council. This form canl be used on a quarterly basis by TCI to raise its rates for external costs, additions to their: channels and inflation. At this time TCI has requested a rate adjustment for the period of July I, 1994 though March 31, 1995 for inflation and for the costs associated ~th the franchise renewal. CSG recommends that the City disapprove the rate as <kJcuIated by TCI because they have amortized the cost of the franchise equipment ov~r a two year period. which is not a I I I 4 11121/9S I I I ()~' In . t) RESOLUTION NO. 5891 (ADOPTED) 08'IJ- " 37:0334 generally accepted accounting principle; they should use the life of the equipment. Therefore, the rate charged to the customer would be lower because that cost would be taken over a longer period of time, The FCC recognizes the seven year period for the equipment. and that is what is being recommended tonight in the staff repon and the resolution, Mayor Lojeski declared the public hearing OPEN. Juan Herrera. General Manager, TCI. stated, in part, that TCI is planning to appeal the rate order because there are some issues of contention. The specific question to amortize through the life of the franchise or the life of the equipment is still in diSCUSSion with the FCC and had not been resolved. TCI feels that seven years amortization is too long; five years is more reasonable. However, they will consider the five year period. In order to do that, they would need to extend the franchise, Also, TCI would need some level of agreement from Council that in the event the franchise goes over an extended period of time beyond the two years, that they would need to know that funds that have already been paid out would be repaid. Another item which needs to be included in the process is the 11.25% for the declining balance allowed by the FCC. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Ulrich, seconded by Councilmember Young and CARRIED. The City Manager noted that the specific item before Council this evening deals with the rates and charges proposed on Fonn 1210. City staff and the consultants are recommending that Council adopt the resolution disapproving TCl's rates as outlined in the November 21, 1995 staffrepon. TCIlCableVision has the right to appeal to the FCC. The FCC will rule upon the appropriate rate charges. The issues of discussion of extension of the cable franchise agreement go beyond the scope and intent of this procedure. The CSG Consultant agreed with that statement. The question of the asset life ()f five vs. seven years could be decided by the FCC upon appeal. The FCC would not have the City extend the franchise based on that. The City Attorney questioned whether any of Mr. Herrera's points tie into this issue in terms of the extension. For the record it is important that the Council and the FCC understand that. . Mrs. Whitfield stated that the two year extension as related to the life of the equipment are different issues. If Council wishes it can discuss the extension separately, or discuss matters relating to renewal of the franchise. At this time, it would be better to make a decision about the question of the equipment, because the city probably will have a franchise with TCI longer than two years. The City Attorney inquired if the FCC will issue a binding order on the City as to how it has to treat the basic rate? Can they issue a compromise order? Ms. Whitfield replied that the FCC will remand the matter back to the City to make another decision based upon their analysis. Council would then make a decision based upon the FCC findings. The resolution under Council's consideration this evening includes a stay order, so no type of order would be implemented right away. The City should wait for the decision from the FCC. TCI has already raised the requested amount, so it would be a matter of refund. The City Manager presented and read the title of Resolution No. 589l: "A RESOLUTION OF TIffi CITY COUNCn.. OF TIffi CITY OF ARCADIA, CALIFORNIA DISAPPROVING TIffi RATES PROPOSED BY TCI CABLEVISION OF LOS 'ANGELES COUNTY FOR TIffi BASIC SERVICE TIER IN TIffi FORM l210 FROM JULY I, 1994 TO MARCH 31, 1995, ORDERING A REFUND TO SUBSCRIBERS AND MAKING FINDINGS IN CONNECfION TIffiREWI1lF. 5 1l/21195 10. LOJESKI (Timing Elec. Officials' C01llments) ULRICH (Arcadia Festival of Bands) (Co1llmendation of Arcadia Police Off icers) CHANG (Arc.Festival of Bands) (Intercultural Night) (Double Side PJ:inting) KUHN (AJ:c.Festival of Bands) 37:0335 I I It was MOVED by Mayor Pro tern Kuhn, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5891 be and it is hereby ~~D. , AYES: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski NOES: None ABSENT: None I MATIERS FROM ELECTED OFFICIALS Mayor Lojeski announced that pursuant to his re~ at the previous Council meeting. he has a timer this evening. Elected officials will Jach have a five minute time limit for comments. as is the procedure at the Audience pai!icipation segment of the meeting. No objections were heard from Council. I Councilmember Ulrich congratulated the committee Ithat organized the Band Review last Saturday. It was an outstanding success, once again. He expressed his personal thanks and appreciation for being allowed to ride I in the parade. As former band parents, he and his wife were thrilled to be a part of the Festival. Councilmember Ulrich commented that, as we all jl saw and heard, we have a great Fire Department in the City of Arcadia. Howe.!er, we also have a great Police Department. He referred to an incident on Saturday, November 4, when Officer Bob Schneider was reviewing wanted fliers, and noted ,a photograph from the FBI of an unidentified bank robber. Officer Schneider recognized the suspect from an encounter about a month prior. Based upon his identification, ./nits were notified of the identity of the suspect who was believed to still be in the San $riel Valley. On Sunday morning at 7: II a. m., Officer Mitch Wood located the suspect,'s vehicle at a local hotel. A stake- out was undertaken, and approximately one hour Ia~r the suspect was observed to leave the hotel. The suspect was stopped and taken into custody without incident. The suspect is believed to be responsible for at least seve~ bank robberies in the San Gabnel Valley. including three in Arcadia. He thinks Offid:rs Schneider and Wood should be commended for this great action in limiting the crimb in our area. I Counci1member Chang commented that he echoes Councilmember Ulrich's experience about riding in the Arcadia Festival of Bands parade. I The performance of the bands was excellent. He commends this event of many years. It gives the band members , experience in performing. I Councilmember Chang commented that he had gone to the InterculturaI Night lasl week which was very successful. He was impressed With the performances. I Councilmember Chang agreed with Mrs. MarshaJI' s suggestion about printing both sides of the City Council Agenda pages. He has hc!ard comments from other cities thaI they do similar things to save paper. He mentionkd this last year. Most of the Cil)' departments are IIOW doing the printing on both sidc$ of the paper. Mayor Pro tern Kuhn commented that she alJ echoes Councilmember Ulrich' 5 commentS about the Band Review parade last Saturday. It was a grand time. I I I 6 11/21/95 I I I KUHN O/H] (Invitation to Serve on Academy Advisory Bd.) (MTA Board Alternate) 0,-" (Outback Restaurant) "--" {l (, I " 'oJ': ^h f' (Arc.High Sch. Football Team Event) JO LOJESKI (Agendize MTA Bd.Mbr.Appt.) (City Clerk - Certified Mun. Clerk) 10.3 i,i-..... t.... (Household Hazardous Waste Collection) 37:0336 Mayor Pro tern Kuhn commented that she had received a telephone call from Congressman David Dreier asking her to serve on the 1995 Academy Advisory Committee and she is very honored and proud to do so. This will involve intervIewing perspective candidates for Academy Congressional appointments in December. Mayor Pro tern Kuhn commented that she had received a telephone call from Beatrice La Pistro-Kenerly from Bradbury stating that the MT A Board Alternate for our area did not win her re-<:lection so we will need to appoint an alternate. Councilmember La Pistro-Ketterly was asking for Council's support. She also understands that Bob Bartlett of Monrovia would also like to serve in that capacity. Council can deal with that 10 December. Mayor Pro tern Kuhn commented that the Outback Restaurant on Huntington Drive had an absolutely stunning grand opening. She extends them congratulations and hopes for their continued success. Mayor Pro tern Kuhn commented that there is to be an event honoring the 1995 Arcadia High School football team, which has had its longest winning record ever this year. Sunday, December 3, 1995 at the Elks Lodge on Huntington Drive for $35 per person. The funds are to be used in support of the Arcadia High School football program. Mayor Lojeski commented that the matter of the MT A Board Member appointment, should be agendized. Mayor Lojeski read the following letter which he received yesterday: "On behalf of the International Institute of Municipal Clerks, it gives me great honor and pleasure to announce that June D. Alford, City Clerk of the City of Arcadia, California has been awarded the designation of Cenified Municipal Clerk. This prestigious award fully recognizes the professional competency of Mrs. Alford in fulfilling the responsibilities of her office, and is granted only aIIer a person has met high educational experience. participatory and service standards established by IIMC. The International Institute of Municipal Clerks was founded in 1947. and has a membership of 10,000 members throughout the United States, Canada and fifteen other countries. IIMC prepares and meets challenges in the diverse role of the Municipal Clerk with cenification and advanced academy educational service programs. These programs are updated regularly to keep pace with changing local government needs. We are very pleased to have Mrs. Alford as a member of the International Institute of Municipal Clerks. IIMC commends your community for its continued support of her professional development and growth. Sincerely, Tom G. Robens, President, lntemationallnstitute of Municipal Clerks." Mayor Lojeski congratulated City Clerk Alford. Mayor Lojeski referred to a letter from the Los Angeles County Depanment of Public Works and Sanitation District, expressing appreciation for Arcadia's involvement on the recent household hazardous waste collection day in the City of Torrance. November 4, 1995. Housebold hazardous waste was collected from 1,375 participants residing in the cities of Alhambra, Arcadia, Baldwin Park, Commerce, EI Monte, Industry. Montebello, Monterey Park, Pico Rivera, Rosemead, San Gabriel. San Marino. South EI Monte, South Pasadena, Temple City and Whittier. Over 90"10 of the material will be recycled and reused; the remaining 10% will be incinerated or treated in a legal disposal facility. Mayor Lojeski noted that this is important to share with the community to see how we, as individuals, can participate in disposing of these types of waste. 7 11121195 LOJESKI (Problems of Concrete Cracking due to Tree Roots) (Holiday Homes Tour) (Joint Mtg: City Council/ School Bd.) 0"-/, _ ::, ,,), (Santa Anita , Entertain. Ctr.Forum) CITY CLERK (Fire & Police Depts.Apprec.) (Announcement of Mun.Elec. Apr.9,l996 & Nomination Period) 11. ROLL CALL 11a. MINUTE APPROVAL (Nov.7,l995) (APPROVED) 3.:0337 . Mayor Lojeski commented that Council has received a copy of a repon prepared by the City Manager regarding the problem a resident has encountered because of a large carob tree which had become a problem with rootS growing under and raising the concrete of the street and driveway, Mayor LojbsIo noted that there are similar instances of such problems throughout the City where inappropriate trees were planted forty or fifty years ago, have since created these prilblems, and the affected property owners would like these trees removed, The City Manager agreed this is a problem which is getting worse as time goes by, Staff will tesearch the matter. contact other cities who may have similar tree problems and renhn to Council with a repon and recommendations, In accordance with a suggestion I from COuncilmember Ulrich, the Arcadia Beautiful Commission which is also the Tree jCOmmiSSiOn will be contacted for suggestions and/or recommendations. Mayor Lojeski announced that the Holiday Homes Tour to benefit Methodist Hospital will be on Friday, December 8, 1995. I Mayor Lojeski announced there is to be a joint meeting of the City Council and Arcadia School Board in the City HaIl Conference Room, ThUrsday, December 14. 1995, Mayor Lojeski announced that the Arcadia CharnbCr of Commerce is sponsoring a , forum to provide information about the Santa Anita Ans and Entenainment Center, with presentations from both sides of the question. This will be held at the Community Center, 7:30 p. nL, November 30, 1995. The City Clerk said she is very proud of Arcadia's Fire and Police Departments; and expressed appreciation for the Fire Department presentation earlier this evening. I The City Clerk announced that the City of Arcadia will hold a municipal election, April 9, 1996. There will be two Council seats up fot election at that time, The terms of Mayor Lojeslri and Councilmember Ulrich will expi~ in April of 1996. as will the term of the City Clerk. All three incumbents are eligible to run for election and for re- election if they choose. Nominations for these seats ~II open on December l8. 1995 at 7:30 a.m. at the City Clerk's Office at City HaIl. The nomination period will run to January l2, 1996. In the event an incumbent Coul1ci1member or the incumbent City Clerk does I10l choose to file papers, the nominationl period will be extended to January l7,1996. I MEETING OF TIIE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCil. I Agency Members Chang, Kuhn, Ulrich, Young and Lojeski None PRESENT: ABSENT: On MOTION by Agency Member Young, seconded ~ Agency Member Ulrich and CARRIED on roll call vole as follows, the minutes of the November 7, 1995 Adjourned and Rcgular Meetings (Agency) were APPROVED., AYES: Agency Members Chang, Kuhn, Ulrich, Young and Lojeski I 8 11121/95 I I I llb. DOWNTOWN 2000 & PUBLIC IMPROVEMENT PROJECT (Revised Project Costs - Legal Action) (APPROVED) ()6 f;,! 0 0.:;",., 3?:0338 NOES: None ABSENT: None Consideration of Downtown 2000 Streetscape and Public Improvement Project. The purpose of this agenda item was to finalize authorizations and appropriauons for emergency work completed by Sequel Contractors, work completed by Moore Electric as sulKontractor to Sully-Miller and the anticipated cost for Sequel to complete the balance of the Downtown 2000 Project. Additionally, the staff report dated November 21, 1995 amended the project description of the Capital Improvement Program to pennit the expanded use of budgeted Gas Tax funds, and sets fonh the proposed funding sources for new appropriations needed to complete the project. These sources include Redevelopment funds and the Water Fund. Legal action against Sully-Miller was also recommended. In early August, Sully-Miller Contracting Company ceased worl< on the Downtown 2000 Streetscape and Public Improvement Project. On August 22, 1995. the City Council adopted Resolution No. 5877 declaring an emergency, suspending a portion of the Sully-Miller work, and authorizing staff to complete emergency construction on the storm drain system before the beginning of the rainy season. Sequel Contractors were selected. Their emergency construction work amounted to approximately $598.000. On October 3. 1995, the City Council formally tenninated the Sully-Miller contract and authorized staff to obtain a new contractor to complete the balance of the Downtown 2000 Project. Subsequently, Sequel Contractors and Moore Electric were selected to complete the entire Downtown 2000 Project as expeditiously as possible (March, 1996). Project COSIS amounted to $3.240.600 for Sequel Contractors and $l,338.720 for Moore Electric, for a total of $4,579,320. At this point in time, the construction costs for this Downtown Project have increased about $1.1 million dollars., due to Sully-Miller's lack of performance. Over 50% of this project is to rebuild the City's infrastructure. That amounts to about $3 million dollars of the total $5.9 million dollars for the project. The rebuilding of infrastructure would have been done despite the Downtown 2000 Project, and is pan of the City's Capital Improvement Program. The additional landscaping, lighting and hardscape amounts to about $2.4 million dollars. The total project cost now is about $5.9 million do11ars; about $1 million dollars over the original construction costs, and caused by Sully-Miller' s lack of performance. Sequel Construction is now completing the project in a timely manner. Under the original schedule with Sully-Miller. the first phase would have been finished in September; the entire project finished before Christmas. Unfortunately. this will not be possible; staff now expects to finish by March., 1996. All of the funds for this Downtown Project come from Gas Tax, Water Funds or Rt:development Agency Funds. l8% of the project, or over $1 million dollars is Gas Tax money which can only be used for street projects. 1000At or a little under $600,000 comes from the Water Fund for water improvements. The largest share of funds, 72% or $4.37 million dollars comes from the Redevelopment Agency which can only use its funds within the project area for projects of this type. So the tota1 project of $5. 9 million do11ars are all funds targeted for these kinds of improvements, exclusive of General Funds. As a separate pan of the action this date, the City Attorney recommended denial of the claim of Sully-Miller. Consistent with that recommendation, and the additional cost the City incurred. from work not done by Sully-Miller, the City Attorney recommended hiring speciaI Counsel to pursue legal remedies against Sully-Miller. 9 11121/95 ADJOURNMENT 37:0~39 In response to Council/ Agency Member Chang' s qu~on regarding the cost for legal action. against Sully-Miller, the City Attorney responded the matter cannot be discussed I at this time in an open session. Legal Counsel is ahaJyzing the situation. The City Attorney made it clear that initially the work stpppage by Sully-Miller was an unforeseen event. It was their actions and conduct after that which has led the City to believe that they have breached the contract, and City ~ction is based on that fact. it is felt that a lot of the cost differential is attributable to Sully-Miller's actions or inactions. The City plans to pursue that matter which is pan lof the rationale for the requested authority for the City Attorney, through Special Counsel. to pursue legal remedies against Sully-Miller and their sureties. I It was MOVED by Council/Agency Member Young, seconded by Mayor Pro teml Agency Member Kuhn and CARRIED on roll call vote as follows: I I) AUTHORIZED payment of $598.000 to Sequel Contractors for the emergency construction work on the Downtown 2000 Project st6rm drain system per City Council Resolution No. 5877; I 2) AUTHORIZED payment of $636,2l4 to Moore Electric for purchase of street light and traffic signal standards ($525.064) and instaIIati6n of conduit and light foundations ($ill,ISO) pursuant to the previous Sully-Miller cOntract and as authorized by City Council Resolution No. 5877; I 3) AUTHORIZED payment of $702.506 to Moore Electric for the balance of the installation of the _ light and traffic signal standlu-ds, as authorized by City Council ~~~~ I I 4) AUTHORIZED payment of up to $3.240,600 to Sequel Contractors for completion of the remainder of the Downtown 2000 Project, U authorized by City Council No, 5882; I 5) The Arcadia Redevelopment Agency APPROPRIATED an additional $l,ooo,ooo . I . and REIMBURSE the City for the addibonal Downtown 2000 Project costs; 6) The City Council REVISED the project descri~on for the FY 1994-96 Gas Tax funded HuntingtOn Drive Reconstruction Project to iklude all eligible Gas Tax work; I 7) The City Council AMEND the Parallel Water Main Project budget (Water Fund) by increasing the budget $l20,ooo to $590,000; I 8) The City Council AUTHORIZE the City AtlorIley and Special Counsel to pursue legal remedies against Sully-Miller and their suretieli. AYES: CounciVAgency Members Chang,IKuhn. mrlch, Young and Lojeski NOES: None ' ABSENT: None The Arcadia Redevelopment Agency ADJOURNED to December 5. 1995 at 5:30 p. m. I 10 ill21/95 I I I 12. l2a. MINUTE APPROVAL (Nov. 7, 1995) l2b. () 7c;()., 8'ri WORK ACCEPTED (Ins talL 20" Pumpline - St. Joseph Plant Job No. 697) 12c. J WORK ACCEPTED (Maint.Serv. Office Improv. - W. O. 56l) l2d. ,)Ii'.~ ,l.. '~v' RESOLUTION NO. 5886 (ADOPTED) l2e.D~(II;" RESOLUTION NO. 5892 (ADOPTED) l3. 13a. f)/"..! . . ,-J AGREEMENT TO RECRUIT DEP. CITY MGR.! DEVELOP.SERV. DIR. (Norman Roberts [, Assoc,) (APPROVED) 37:0340 CONSENT ITEMS APPROVED minutes of the November 7, 1995 adjourned and regular meetings, ACCEPTED all work perfonned on installation of a 20" purnpline at the St Joseph Plant by Atlas Underground Company under the contract; AlTI'HORIZED final payment (10"10 retention) of $5,147.25 to be made in accordance with the contract documents (Job No. 697). The 10% retention payment becomes due and payable thirty. five (35) days after the acceptance of the project by the City Council. ACCEPTED the completed City Maintenance Services Department office improvements at the City Service Center (W, O. 561); AlTI'HORIZED final payment (5%) retention payment of $7,181.25 to be made in accordance with the contract documents. The five percent (5%) retention payment becomes due and payable thirty-five days after acceptance of the project by the City CounciL ADOPTED Resolution No. 5886: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING ENHANCEMENT ACT'. ADOPTED Resolution No. 5892: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING LOT 9 OF TRACT 27276 ON LOS ALTOS A VENUE FOR STREET PURPOSES". THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER YOUNG, SECONDED BY COUNCll.MEMBER CHANG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None CITY MANAGER Report and recommendation to enter into a professional services agreement ",th Norman Rabens &; Associates, Inc. to recruit for the position of Deputy City ManagerlDevelopment Services Director. It was MOVED by Councilmember Young, sec:onded by Councilmember Ulrich and CARRIED on roll call vote as follows to AlTI'HORIZE the City Manager to enter into a Professional Services Agreement with Norman Rabens &; Associates, lnc. in an amount not to exceed $18,000.00 for recruitment of a Deputy City ManagerlDevelopment Services Director; and AlTI'HORIZED the City Manager to execute all of the necessary documents relative to said Agreement, subject to approval as to fonn by the City Attorney. 11 1l/21/95 13b. GENERAL PLAN UPDATE ADDITIONAL FUNDS (APPROVED) O'>3'i>'~/() l4. 14a. l. 0:, 6 oJ .. (~. ORD INANCE C..... .' NO.204l (INTRODUCED) t!, ;, ,) . o ~ 1.1 2. (i.., RESOLUTION NO. 5883 c/O (ADOPTED) 37:0341 AYES: NOES: ABSENT: i I Council members Chang. Kuhn, Ulrich, Young and Lojeski None I None I On March 21, 1995 the City Council authorized the Development Services Department to proceed with a General Plan Update. and set asidel$l60,OOO from the Capital Outlay Fund for professional and legal services in the preP'!flltion of the General Plan. The City contracted with LSA Associates. Inc. ($150.000) to prepare the General Plan. and Frelich, Kaufman, Fox and Sohagi ($ 10.(00) for Ibgal services. Since the original agreement, the City has requested additional work and/or studies not included in LSA's original Scope of Work. Initially, it was anticipated that the General Plan Update would be primarily a technical update and review of the Gi:neral Plan text. Since then. LSA has been requested to augment its original scope of work to include assistance in the , coordination of issues relating to the Santa Anita Entenainment Center Project; additional alternatives to be addressed in the Environental Impact Report and preparation of Early Consultation Letters, the lnitia( Study and Notice of Preparation, In addition, as part of the expanded alternatives, Agajanian & Associates, the City's economic consultant on the Santa Anita Project, I has been requested to prepare an economic and fiscal impact analysis for the General Plan alternatives relating to the I Santa Anita Project. The Development Services Oqlartment requested that the City Council allocate an additional $73.050 for the GenJraI Plan Update program. Funds are available in the Capital Outlay Fund to complete this project. Further. $20,000 of the $73,050 will come from the Santa Anita Realty Enterprise Corporation since they are part of the process. . It was MOVED by Councilmember Ulrich, seco~ by Councilmember Young and CARRIED on roll call vote as follows to APPR0VE the ALLOCATION of$73.050 for the General Plan Update from the Capital Outl~ Fund, and AurHORlZE the City Manager to amend the General Plan Agreement with LSA Associates, Inc.. subject to approval as to form by the City Attorney. I AYES: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski NOES: None ABSENT: None I CITY A TIORNEY The City Attorney presented for INTRODucnoN; and read the title of Ordinance No 2041: "AN ORDINANCE OF 1l{E CITY COUNCIL OF 1l{E CITY OF ARCADIA. CALIFORNIA ZONING 1l{E PROPERTY SET FORTH IN EXHIBIT . A . (ANNEXATION NO. 48) TO R-M (RESIDENTIAL MOUNTAINOUS) AND AMENDING SEcnON 9233.5 OF 1l{E ARCADIA MUNICIPAL CODE". I The City Attorney presented and read the tit1e of Resolution No. 5883: - A RESOLlmON OF 1l{E CITY COUNCIL OF 1l{E CITY OF ARCADIA. CALIFORNIA RECOMMENDING APPROVAL OF A BOUNDARY REORGANIZATION OF CERTAIN PROPERTYi CURRENTI..Y LOCATED IN 1l{E CITY OF MONROVIA TO 1l{E CITY OF ARCADIA (pER ATIACHED EXHIBIT A)", {Bluth property - Whispering Pines). . I I I 12 1lI21/95 I I I l4b. l. ORDINANCE ~O. 2042 (INTRODUCED) () 1/ '/0 <' 2. ORDINANCE NO. 2043 (INTRODUCED) (/.... 'I'.. 14c. CLAIM OF SULLY-MILLER CONTRACTING COMPANY (DENIED) 00 '. " " Nd ~ 37:0342 It was MOVED by Council member Young, seconded by Mayor Pro tern Kuhn and CARRIED on roll call vote as follows that Ordinance No. 204 I be and .t is hereby INTRODUCED and Resolution No. 5883 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Couneilmembers Chang. Kuhn. Ulrich, Young and Lojeski None None The City Attorney presented for INTRODUCTION and read the title or Ordinance No. 2042: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA ADOPTING THE UNIFORM FIRE CODE, 1994 EDmON. WITH CHANGES. ADDmONS AND DELETIONS THERETO, THE FIRE CODE STANDARDS AND AMENDING CHAPTER 1 OF ARTICLE III OF THE ARCADIA MUNICiPAL CODE RELATING TO FIRE PREVENTION AND PUBLIC SAFETY", The City Attorney presented for INTRODUCTION and read the title of Ordinance No. 2043: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, ADOPTING THE 1994 UNIFORM BUILDING CODE. 1994 UNIFORM MECHANICAL CODE. UNIFORM PLUMBING CODE, 1994 UNIFORM HOUSING CODE. 1994 UNIFORM SWIMMING POOL. SPA AND HOT TUB CODE. 1994 UNIFORM CODE FOR BUILDING CONSERVATION AND 1993 NATIONAL ELECTRIC CODE WITH CHANGES, ADD mONS AND DELETIONS THERETO. AND AMENDING ARTICLE vrn 'BUILDING REGULATIONS' ". It was MOVED by Councilmember Chang, seconded by Mayor Pro tern Kuhn and CARRIED on roll caU VOle as follows that Ordinance No. 2042 and Ordinance No. 2043 be and they are hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None The City Attorney announced that earlier this evening, "pursuant 10 Gove~1I1 Code Section 54954.2. the City Counci1 called for a closed session by a 5 - 0 vOle to confer with Legal Counse1 pertaining to this case, pursuant to Government Code Secuon 54956.9(a)". Counci1 has already had that closed session. On advic:e of the City Attorney, the claim of Sully-Miller Contracting Company was DENIED on MOTION by Councilmember Ulrich, seconded by Mayor Pro tern Kuhn and CARRIED on roll caU vote as follows: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None 13 11/21/95 15. lSa. CITY ATTOR.'iEY t) /If.) . -I:J ADJOURNl1ENT (Dec.5,1995 5:30 p.m.) ATTEST: 37:0343 -, , CLOSED SESSION I The City Attorney announced thaI the CouncIl "ill enier a Closed SessIOn followmg cIus meeting, "pursuant to Governmenl Code Section 54957.6 for conference ",ith labor negotialors regarding the Arcadia Firefighters' Associ~tion, AI 8:40 p. m. Council ENTERED the Closed SessiJ RECONVENED and ADJOURNED al 9:00 p. m. 10 Tuesday. December; 5, 1995 al 5:30 p. m. in the Conference Room of the City Hall Council Chainbcrs for an Adjourned Regular Meeting 10 conduct the business of the City council and the Arcadia Redevelopment Agency and any Closed Session lICCC5S'ry 10 di~ personnel, litigation ITh1tters. and evaluation of properties. ,~~~'::< Dennis A. 14 I of the City of Arcadia I I 1\121/95