HomeMy WebLinkAboutFEBRUARY 15,1994_2
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36:0049 C(
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Jan.24,1994)
(Feb.l,1994)
(APPROVED)
ORD. Ii. RES.
READ BY
TITLE ONLY
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
FEBRUARY 15, 1994
The City Council and the Arcadia Redevelopment Agency met in a
regular meeting on Tuesday, February 15, 1994 at 7:30 p. m. in
the Arcadia City Hall Council Chambers.
Rev. Steve Whelchel. Arcadia Community Vineyard
Finance Director Jim Dale
PRESENT:
ABSENT:
Councilmembers Fasching, Harbicht, Margett and Ciraulo
Mayor Pro tem Lojeski
On MOTION by Counci1member Harbicht, seconded by Councilmember
Margett, Mayor Pro tem Lojeski was EXCUSED.
On MOTION by Councilmember Margett, seconded by Counci1member
Harbicht and CARRIED, the minutes of the special meeting of
January 24, 1994 and the adjourned and regular meetings of
February I, 1994 were APPROVED.
It was MOVED by Counci1member Margett. seconded by Counci1member
Harbicht and CARRIED that ordinances and resolutions be read by
title only and that the reading in full be WAIVED.
PRESENTATIONS
OUTGOING On behalf of the City Council, Mayor Ciraulo presented plaques
Of) :COMMISSIONERS of appreciation for their dedicated service and accomplishments
NS p (Celia Kalm during their terms to Celia Ka1m (Human Resources Commission) and
Hu. Res .Cmsn. ) Sheng Chang (Senior Citizens' Commission). These two
(Sheng Chang resignations were accepted by the Council because both
Sr.Cit.Cmsn.)Commissioners are candidates for seats on the City Council.
I
PASADENA
ROSE QUEEN Ii.
PRINCESS
(Erica Byrnes
Ii. Therese
Erdman)
'.
,
"
STUDENT
NUTRITIONAL
ADVISORY
COUNCIL
(SNAC)
On behalf of the City Council, Mayor Ciraulo presented a
Certificate of Commendation in recognition and appreciation of
outstanding service to the community to Erica Byrnes, an Arcadia
resident who is the 1994 Pasadena Tournament of Roses Queen. A
Certificate of Commendation in recognition and appreciation of
outstanding service to the community is also to be awarded to
Therese Erdman, an Arcadia resident who was a member of the 1994
Pasadena Tournament of Roses Court. Miss Erdman was also a
former Arcadia Tournament of Roses princess. Miss Erdman was
unable to be present at this time.
Mayor Ciraulo introduced Ann Rubo1ard who is head of a
nutritional program for the students at First Avenue Junior High
School and Dana Junior High School. She explained the Student
Nutritional Advisory Council and School Partners in Nutrition
which are trying to get healthier foods in the schools and teach
the students to eat and enjoy healthier foods. Mayor Ciraulo
noted that he had been invited to luncheons at First Avenue and
Dana Junior High Schools, and greatly enjoyed the food and the
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2/15/94
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Nd'
EMPLOYEE
J (SUGGESTION
AWARD
(Germroth)
REMARKS BY
JOSEPH WU
(Former
Chief of
Police,
Taiwan)
FINANCE
DIRECTOR
PRESENTATION
OF MID-YEAR
BUDGET
FINANCIAL
REPORT -
FY 1994-94
~l ',' ..~O ,/0
N~ l'
36:0050
opportunity to meet some of the students. Mayor Ciraulo
introduced several of the students present at the meeting.
Mayor Ciraulo presented a $100 Employee Suggestion Award to
Arcadia Library employee Michael Germroth in recognition and
appreciation for submitting his idea for improving City services.
Police Chief Neal Johnson introduced his guest, the former Chief
of Police of Taiwan, Mr. Joseph Wu and Mr. Wu's son-in-law,
Stephen Chang, one of the Directors of the Arcadia Chinese
Association. Mr. Wu expressed his pleasure in attending this
Council meeting. He gave a brief review of his background and
experience, as Chief of Police in Taiwan. He told how he had
often been involved with security measures for visiting
dignitaries. He has visited officials in Washington, D. C. for
discussions regarding interaction between the two governments.
He and his family are now pleased to be living here in Arcadia.
He has noticed that the Councilmen and members of the Police
Department are very courteous and caring with the Chinese
immigrants. He would like to help improve communication and
interaction between the Arcadia and Taiwan Police Departments.
To this end, the 'present Chief of Police in Taiwan has sent a
letter of invitation to Police Chief Neal Johnson to visit
Taiwan.
I
The Finance Director presented an overview of the City Budget -
Fiscal Year 1993-1994 with brief explaantions of projected
finances at the end of the fiscal year. No Council action is
required at this time; this is a summation only. This
presentation had been made to the City Council at an adjourned
regular meeting on February 8, 1994. The Finance Director
presented graphs and charts indicating revenues for this fiscal
year. These indicated loss in sales tax revenues because of the
recession as well as the loss of several large businesses in the
City. This sales tax revenue is expected to increase by the next
fiscal year with the completion of the Fashion Park renovation
and the Nordstrom opening. The major loss was that of the
property tax which was taken by the state to help balance its
budget. There is little doubt that this will occur again this
year. At this time there is no way to know what the amount of
lost property tax will be.
A brief summary of revenue projections included:
Sales taxes, the City's major source of revenue, decreased due
to recession and loss of businesses in the City. An increase in
revenue is expected next year.
Property taxes decreased due to the state taking property taxes
to balance the state budget, as well as the decline in property
values.
Utility taxes decreased due to decline in Edison billings. This I
is based on 5% of billings and has been a very predictable source
of revenue for the City.
Motor vehicle in lieu increase, a result of the receipt of a one-
time revenue from Transportation and Development Funds from the
state as part of the state budget balancing proc"'~~, Thi~ is
also impacted by the economy.
The City Occupancy Tax was increased last year from 8% to 10%.
Due to the last earthquake, the City lost one hotel for about a
year. This revenue should increase because the hotel business
is doing well.
Business License fees have almost doubled since 1987-88 and are
now tied into the CPI so each year these fees will increase,
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Building permits have shown a decrease generally. A small recent
increase has been due primarily to permits associated with the
Santa Anita Fashion Park project. This revenue will probably be
pretty flat for the next year.
Franchise fees declined on the utilities side because of some
businesses leaving the City. The franchise fees are based upon
2% of gross sales for certain utility companies.
Interest earning decreased due to low interest rate in the market
place.
Premium/discounts increased due to favorable price conditions in
the market place. In 1994-95 it is believed that interest rates
will be increasing, therefore realized gains will probably be
minimal.
In summary, the estimate is a shortfall of more than twq million
dollars. This takes into account the projected revenue, assuming
that overall revenues will increase $300,000 to $400,000; that
the Nordstrom store and new Fashion Park facility will generate
another $600,000; the 1/2 percent increase in sales tax will
generate another $300,000. Also, estimating a loss of revenue
from the state on property taxes of $1,000,000. On the
expenditure side, $410,000 represents AFSCME and Fire Department
groups which have deferred some salary increases. These groups
are now at the end of a multi-year contract. This does not
take into account any other salary increases; any increase in
service/supplies; or increase for health, medical costs or
retirement benefits. The Finance Director estimates a $2.2
million dollar shortfall. This is a significant amount from a
budget of $24,000,000 to $25.000,000. This amounts to a loss
of 10% and this loss will grow larger if the state takes more of
the City's revenue to balance the state's budget. It is fair to
say that this shortfall figure is going to impact every
department.
Mayor Ciraulo reiterated that this presentation had been made to
the City Council at an earlier date. Council felt that it was
well done, and asked that it be repeated for the benefit of the
citizens in helping to understand the City's financial position.
AUDIENCE PARTICIPATION
Crail[ Bonholtzer, President, Highland Oaks Home Owners'
Association. 2000 Carolwood Drive, stated, in part, that over the
past weekend there had been a twenty-four hour steady stream of
Los Angeles County dump trucks hauling mud and debris from the
Altadena/Pasadena debris basin and going up Santa Anita Avenue
and Elkins Avenue to dump this material into the Santa Anita
Wash. This was at a rate of approximately sixty trucks per hour.
and was a blatant violation of our community. The Arcadia Police
Department tried to help the situation by providing a high
profile presence in enforcing the traffic regulations. There was
little to be done until Monday morning when the City and County
offices reopened. Positive and prompt response by the Mayor and
City Council put a stop to the situation, and as of 7:30 p. m.
Monday, the trucks stopped rolling though Arcadia. This action
by the County was irresponsible. This material was transported
through this community to be dumped behind homes, incurring a
mess in the Santa Anita wash, causing sleepless nights, filthy
yards, and dirty streets. This should not happened again. The
City should be ready to seek an immediate injunction should this
be necessary. The Santa Anita wash is not zoned as a dump or
landfill, The City should seek and continue a prohibition of
any outside transportation into this area: all potholes and road
damage should be repaired at County expense. There should be an
apology from the County and compensation to the Arcadia residents
for such a flagrant action against the Arcadia citizens,
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2/15/94
2.
3.
3a.
ROLL CALL
3b.
ADJOURNMENT
4.
5.
O"i'.~'
/'!"F
MRGETT
(LA County
Dump Trucks
City Sts.)
(Unwanted
Handbills
Distribu-
tion)
.
36:0052
Mayor Ciraulo thanked the members of the home owners' association
for bringing this to Council's attention so it could be stopped
immediately, and read the following statement: "This past
weekend many residents were concerned regarding the hauling of
dirt in the immediate area of Elkins Drive and Santa Anita Avenue
to the flood control debris basin. This was not a City project.
The City does not allow this type of work past 7:00 p. m. or on
Sundays. With heavy rain expected and the debris basin full,
the County of Los Angeles determined the removal of the debris
to be of an emergency nature, and therefore did not follow the
customary procedures as required by the City. We apologize to
the residents of the area who were inconvenienced by this
process. We have been in communication with the County and all
work has stopped. No further work is anticipated. However, we
have asked the County to better advise us in the future of these
types of activities."
I
Johanna Hofer, 875 Monte Verde Drive, stated, in part, that City
employees are to be commended for their generosity in their
contributions for the Northridge earthquake recovery. With
regard to the recommendation on tonight's agenda to join the San
Gabriel Valley Council of Governments, it is her opinion that
this should be shelved until after the April 12 election. This
looks to her to be more government and more taxes. She does not
feel that items 8b. and 8d. on tonight's agenda are clear.
Considering our vulnerability in a major earthquake, City should
see that proper architectural and structural studies are ordered
for all buildings, churches and places where crowds gather. She
would like Council to make a recommendation to the School Board
to the effect that students be required to attend a certain
number of City Council meetings. Mrs. Hoffer also expressed
concern about the safety of persons visiting the Rodeffer quarry,
and the possibility that someone might fall into the quarry.
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Fasching, Harbicht, Margett and
Ciraulo
ABSENT: Agency Member Lojeski
On MOTION by Agency Member Harbicht, seconded by Agency Member
Margett and CARRIED, Agency Member Lojeski was EXCUSED.
The meeting adjourned to 5:30 p. m., February 22, 1994.
CITY COUNCIL RECONVENED
I
MATTERS FROM ELECTED OFFICIALS
Councilmember Margett, in response to Mr. Bonholtzer's comments
concerning the Los Angeles County dump trucks, recalled that in
the past the City used to collect fees for such use of City roads
and streets. He hopes that in the event of any kind of future
complaint or negotiation with the County, such fees be considered
again.
Councilmember Margett noted that several people had contacted
him with regard to 'litter being created by handbills and papers
being deposited on front doors. In one letter, the writer stated
that she is careful to control paper and litter, but she has no
control over such handbills and advertisements being deposited
at her front door. He thinks that individual privacy may be
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2/15/94
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CITY
ATTORNEY
(Unwanted
Handbills
Distribu-
tion)
MARGETT
(City
Cost
Control
System)
HARBICHT
(Htg.Oaks
Owners'
Assoc.
Complaint)
FASCHING
(City Bus.
Lic. for
Telephone
Solicitors)
CITY
ATTORNEY
(Telephone
Solicitors)
FASCHING
(Proposed
Music Dome
Santa Anita
Race Track)
(CableVision
Billings
for Sales
Tax)
(Restricted
Airing of
Government
Channel)
36:0053
being violated in this manner. Also if a person should be
spotting vacant homes, that person would be noting such debris
on the front door or yard. He would like to have this matter
agendized for a future meeting, and would like to see a report,
an ordinance or something to help solve this problem.
The City Attorney stated there are some laws on the books at the
present time, consistent with current legal requirements, and
recognizing the First Amendment. He will provide a brief
summary report so that Council can see where we are at the
present time. Briefly, if residents do not want commercial
handbills distributed to their homes, they can place their names
on a list maintained in the City Clerk's office. Then if
handbills go to that property, the distributors are in violation
of code and usually the distributor is advised. This results in
some control.
Councilmember Margett feels that the City does not have an
effective cost control system. He suggests that Council look
at this. He notes there is money in some of the funds which the
City is trying to earn interest on to pay for equipment
replacement. He has a problem with this from a good accounting
standpoint. The overall concept of cost accounting should be
looked at. Staff responded that cost accounting is being done
in some categories. The City is 75' toward that objective.
Councilmember Margett feels this is important, especially in view
of the renovation of the library and the new fire station which
will increase expenditures from the general fund.
Councilmember Harbicht referred to a letter from the Huntington
Home Oaks Home Owners' Association which is a condominium complex.
This letter contains a complaint about the condition of the
apartment complex next door, and further states that the
condition of that complex is having a negative effect on property
values. Staff will follow up and come back with a report.
Councilmember Fasching inquired about the status of his request
for information about the possibility of requiring a City
business licence for those telephone solicitations within the
City.
The City Attorney replied that this may involve questions about
the solicitors' business locale. He will return to Council with
a legal opinion.
Councilmember Fasching has had several telephone inquiries about
the status of the proposed music dome at Santa Anita Race Track.
Apparently nothing new is taking place in this regard at the
present time.
Councilmember Fasching has also had telephone calls concerning
CableVision's billing for sales tax on all cable related items
in the customer's house. Staff contacted the cable company,and
found that other cable companies are not charging the sales tax.
The cable company has agreed to hold off on that item for the
present. Staff will get more information on this matter.
Councilmember Fasching has also been informed that the channel
'Pl..s..nl:ing goverrunent activities such as Congressional and Senate
hearings and conferences has been moved to a part time basis at
a later time so that a shopping network show can be aired at that
time period. He knows some of the residents like to view the
government channel. He would like staff to inquire if the cable
company plans to move programs of a cultural nature to allow more
time for shopping networks and that type of programing.
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2/15/94
6.
36:0054
CONSENT ITEMS
6a.
CONTRACT AWARDED contract in the amount of $82,959 to C. T. & F., Inc.,
AWARD for the conversion from series to multiple circuits on Valencia
CSt.Light Way and Hillcrest Boulevard (Job No. 533) and Huntington Drive
Conversion - from Second Avenue to Fifth Avenue (Job No. 583); WAIVED any
,)'1.1 fl-dfJValenda Wy/ informalities in the bid or bidding process and AUTHORIZED the
Hillcrest Bl. Mayor and City Clerk to execute a contract in the form approved
& Htg. Dr. by the City Attorney. Funds in the amount of $66,000 (Gas Tax
Second Av.to Funds) for Valencia Way and Hillcrest Boulevard; and $30,000
Fifth Av. - (Lighting Maintenance District Funds) for the Huntington Drive
Job No. 533 conversation are available to cover the contract amount,
& engineering, inspection and contingencies.
Job No. 583)
6b.
STREET AUTHORIZED the closure of a portion of Alice Street from 6:00
()~J(J-,~(lCLOSURE a.m. to 12:00 noon on Saturday, March 12, 1994 for the Arcadia
ALICE ST. Firefighters' Association 3rd Annual Pancake Breakfast. The
(Mar.12,1994) Public Works Department will provide sufficient barricades to
CAFFA Pan- provide safe closure. and the Fire Department will be responsible
cake Brkfst.) for placing the barricades and subsequently removing them from
the street.
() <I 'f() .
6c.
WEED
, ABATEMENT
.... ,)
RESOLUTION
NO. 5772
(ADOPTED)
7.
7a.
CITY EMP.
CONTRIBUTION
TO RED
CROSS/
EARTHQUAKE
RECOVERY
(Match
Employee
Contrib~-
tions)
(CONT'D TO
MAR.l,1994)
ADOPTED Resolution No. 5772: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, DECu.RING THAT WEEDS GROWING
UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON
AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUISANCE, AND DECu.RING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF". (Public Hearing March I, 1994, 7:30 p. m.).
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON HOTION BY
COUNCILHEKBER HARGETT, SECONDED BY COUNCILHEKBER IlARBICHT
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
Councilmembers Fasching, Harbicht, Hargett and
Ciraulo
None
Hayor Pro tem Lojeski
NOES:
ABSENT:
CITY MANAGER
Consideration of City employees' recommendation that the City
Council join the employees in matching employee pledges towards
disaster relief for the victims of the Northridge earthquake.
The money to be contributed to the American Red Cross and will
not exceed $2,000 in cost to the City.
It was HOVED by Councilmember Hargett, seconded by Hayor Ciraulo
to match City Employee Contributions to the American Red Cross
toward the Northridge earthquake recovery in the amount of 2,000,
AYES:
NOES:
Councilmembers Hargett and Ciraulo TIE VOTE
Councilmembers Fasching and Harbicht (They did not feel
this to be a proper expenditure of public funds.)
Hayor Pro tem Lojeski
{.N,~(J _.J 1.1
ABSENT:
This item CONTINUED to Harch I, 1994.
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2/15/94
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7b.
SAN GABRIEL
VALLEY
COUNCIL OF
GOVERNMENTS
(Arcadia to
Join the
Council)
01':) ._/. ~
tOfU f~1
RESOLUTION
NO. 5771
(ADOPTED)
8.
8a.
ORDINANCE
NO. 2003
(ADOPTED)
O';-..)v"'()
8b.
ORDINANCE
NO. 2004
(INTRODUCED)
Os-trO '. ~()
36:0055
Consideration of recommendation to endorse the formation of the
San Gabriel Valley Council of Governments (COG) and to approve
of the dissolution of the San Gabriel Valley Association of
Cities; and join the newly established COG. Considerable
discussion ensued among Councilmembers. Councilmember Harbicht
objected because he feels this is just another layer of
government.
The City Attorney presented and read the title of Resolution No.
5771: "A RESOWTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING THE AGREEMENT FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) AND DESIGNATING
AN ARCADIA CITY COUNCIL MEMBER AND ALTERNATIVE MEMBER TO THE
GOVERNING BOARD THEREOF".
It was MOVED by Councilmember Fasching, seconded by Councilmember
Margett, and CARRIED on roll call vote as follows to APPROVE the
Joint Powers Authority agreement formalizing the San Gabriel
Valley Council of Governments, 'subject to approval of form by the
City Attorney; and that Resolution No. 5771 be and it is hereby
ADOPTED; and designating Councilmember Fasching as delegate to
the COG Governing Board and designating Mayor Ciraulo as
alternate; and that staff bring a report back to the Council at
the end of the first year.
AYES:
NOES:
ABSENT:
Councilmembers Fasching, Margett and Ciraulo
Councilmember Harbicht (For reasons so stated.)
Mayor Pro tem Lojeski
CITY ATTORNEY
The City Attorney presented and read the title of Ordinance No.
2003: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE TO ADD SECTION
8130.5.1 ADDING A SUBSECTION (F) TO SECTION 303 OF THE UNIFORM
BUILDING CODE REGARDING RENEWAL AND EXTENSION OF BUILDING PERMITS
WITH REGARD TO DORMANT PROPERTY IN THE CITY OF ARCADIA".
It was MOVED by Councilmember Kargett, seconded by Councilmember
Fasching and CARRIED on roll call vote as follows that Ordinance
No. 2003 be and it is hereby ADOPTED.
AYES:
Councilmembers Fasching. Harbicht, Kargett and
Ciraulo
None
Mayor Pro tem Lojeski
NOES:
ABSENT:
The City Attorney presented for introduction and read the title
of Ordinance No. 2004: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADDING SECTIONS 4912.6 AND 4912.6.1
TO THE ARCADIA MUNICIPAL CODE PROVIDING FOR A TEMPORARY SPECIAL
EVENT EXCEPTION FROM THE CITY PROHIBITION OF POSTING ON PUBLIC
PROPERTY" .
It was MOVED by Councilmember Margett, seconded by Councilmember
Harbicht and CARRIED vu ~ull ~all vote as follow that Ordinance
No. 2004 be and it is hereby INTRODUCED.
AYES:
Councilmembers Fasching, Harbicht, Margett and
Ciraulo
None
Mayor Pro tem Lojeski
NOES:
ABSENT:
7
2/15/94
8c.
RESOLUTION
NO. 5770
(ADOPTED)
f),I'lo. ~')
8d.
POLITICAL
SURVEY
OFFICIAL
COMPLAINT
(APPROVED)
If) 1 () -JO
36:0056
The City Attorney presented and read the title of Resolution No.
5770: .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE CITY PURCHASING PROCEDURAL MANUAL TO
AUTHORIZE THE CITY MANAGER TO SIGN CONTRACTS ARISING OUT OF THE
FORMAL BID PROCESS..
It was MOVED by Councilmember Harbicht, seconded by Councilmember
Hargett and CARRIED on roll call vote as follows that Resolution
No. 5770 be and it is hereby ADOPTED.
AYES:
Councilmembers Fasching, Harbicht, Hargett and
Ciraulo
None
Mayor Pro tem Lojeski
NOES:
AIlS ENT :
The City Attorney noted that consideration of transmittal of a
complaint to appropriate agencies regarding alleged
misrepresentation by telephone survey is on the agenda tonight
pursuant to general Council direction. Hiscellaneous items of
information received by the City Attorney office indicate that
there is a telephone survey going on in the community. He
mentioned two items about the survey: 1) The questions appear
to be of a leading nature. There is nothing illegal or improper
about that. 2) The survey takers either did not identify
themselves or, based upon information received from Claremont
Colleges, there may have been some misrepresentation by
indicating that the survey was under the auspices of the
Claremont Colleges. Information received to date indicates that
is not the case. This matter was placed on the agenda per
Council request because it was felt :hat with regard to the
misrepresentation, a letter or some sor: of complaint should go
forward from the City to the appropriate agencies to see if there
is anything that can be done to investigate or recommend some
course of action.
I
Councilmember Hargett would like to know who is funding this
survey. In order to spend money politically, it is necessary to
register and provide financial disclosure. A Political Action
Committee (PAC) identification number is required.
Council_lIbar Harbicht did not know why this issue is before
Council, and what this has to do with the city government of
Arcadia. Everybody has a right to taka a survey, and can say
whatever they wish. Surveys are often done without such
identification. This is not a City matter.
Councilmember Fasching stated, in part, that the interviewers
were asking citizens if they knew that the City is spending City
money on consultants when there are City employees who can do the
projects; if they knew that the City Council is spending City
reserves to finance new projects: if they knew that two City
managers have been forced to retire, and does that appear to be I
irresponsible, etc. He is concerned that this is causing anxiety
among the residents. He feels that if these people want answers,
they should come to the councilmembers and not be spreading
rumors in the City. In response to Councilmember Fasching's
question, the City Clerk said that the .six former mayors group'
has not registered as a political action committee as yet,
Councilmember Hargett suggesced that perhaps this matter should
be taken up with the Fair Political Practices Commission. The
City Attorney noted that the only issue that could be taken up
is whether or not these people are organized as a committee in
opposition or in favor of specific candidates. If so, the group
would have to be registered. The City Attorney actually has no
further facts to transmit to these various agencies, but he can
forward the information as an official complaint, with a request
to report back to the City, These agencies mayor may not make
their own investigations. It is not within :he City's policing
8
2/15/94
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ACTING CITY
MANAGER
(Cleanup
Bill to
County)
CIRAULO
(In Memory
of Dominic
Pellegrino)
36:0057
jurisdiction to find out who these people are that are conducting
the survey.
It was MOVED Councilmember Fasching, seconded by Councilmember
Margett and CARRIED on roll call vote as follows to AUTHORIZE
the City Attorney to take the necessary steps to forward a
complaint to the District Attorney, the telephone company, and
the Public Utilities Commission, and request investigation of the
misrepresentation of the group conducting the telephone surveys,
and report back to the City.
Councilmember Harbicht stated, in part, that there is a political
campaign going on. Some group has taken it upon itself to
conduct a survey. This is what a political campaign is. People
have a right to say they think that Council has not done things
right. By taking this action, the Council is using our City
Attorney for political purposes. If other candidates who are not
on the Council should be unhappy with some communication or
survey, they would not be able to direct the City Attorney to go
to various agencies and start investigations. If the members of
Council wish to take action, they should do it as individuals.
Councilmember Fasching indicated that this survey was a spurious
attack against the Council.
AYES:
NOES:
ABSENT:
Councilmembers Fasching, Margett, Ciraulo
Councilmember Harbicht
Mayor Pro tem Lojeski
,{ '.
MATTERS FROM STAFF
Acting City Manager stated that staff is preparing a bill to be
forwarded to Los Angeles County as reimbursement for the Police
and Public Works crews who worked to clean up the mess created
by the hauling of mud and debris to the Arcadia wash this past
weekend.
Mayor Ciraulo: "I would like to adjourn the meeting this evening
in memory of Dominic Pellegrino who is the father of Don
Pellegrino who was a civic leader, long time councilmember in
the City of Arcadia, and many times the mayor of the city of
Arcadia. Dominic Joseph Pellegrino, aged 89, passed away
February 5, 1994 after a long illness. He was involved with the
Italian Catholic Federation of Holy Angels Church, member of the
Knights of Columbus of Detroit, and the Chrylser U.A.W.C.I.O. of
Detroit. He was preceded in death by his son, Donald Pellegrino
and beloved wife, Helen Mary Palmer Pellegrino. He is survived
by children Elenor Heiser, Sister Diana Pellegrino, William
Pellegrino of California, and Maria Williams; Brother, Anthony;
Sisters, Maria Faes, Esther Cozzo and Rose Hopps; fourteen
grandchildren; and fifteen great grandchildren. His family will
always treasure his fatherly care and love. A funeral mass was
held on Tuesday, February 8 at Holy Angels Church in Arcadia, and
internment was at Forest Lawn Memorial Park in Glendale."
10.
ADJOURNMENT At 9:50 p. m. the meeting ADJOURNED to 5:30 p.m., Tuesday,
(Feb.22.l994 February 22, 1994 in the Conference Room of the Council Chambers
5:30 p.m.) for an Adjourned Regular Meeting (Study Session) to conduct ehe
business of the Council and any Closed Session necessary to
discuss personnel, litigation matters and evaluation of
properties.
ATTEST:
J
9
2/15/94