HomeMy WebLinkAboutMAY 17,1994
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
CLOSED
SESSION
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CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
MAY 17, 1994
The Arcadia City Council and the Arcadia Redevelopment Agency met
in a regular meeting at 7:00 p, m., Tuesday, May 17, 1994 in the
Arcadia City Hall Council Chamber.
Pastor Steve Summerell, Vineyard Christian Fellowship
Police Chief Neal Johnson
PRESENT:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
At 7:03 p.m, the Mayor announced that the Council would enter a
CLOSED SESSION, At 7:25 p.m. the City Attorney announced that
pursuant to Government Code Sections 54954,5(c) and 54956.9(a),
a CLOSED SESSION was held to discuss the existing workers'
compensation case of Velasquez v. Arcadia.
THE CITY COUNCIL RECONVENED AT 7:25 P. M.
AUDIENCE PARTICIPATION
Johanna Hofer, 875 Monte Verde Drive, stated. in part, that she
has written to the Secretary of State Elections Division and to
the Fair Political Practices Commission. Her letters are to be
considered as public information if the citizens of Arcadia wish
to read them, Mrs. Hofer also had made a request to the City
Attorney for certain information, only a part of which has been
forthcoming, The City Attorney responded that the requested
information has been made available to Mrs. Hofer, In reply to
her questions, staff responded that the 1994-95 budget hearing
will be scheduled at the June 21, 1994 Council meeting, Mrs.
Hofer hopes that the Council will not approve any major
expenditures until after the budget hearing.
Kuei Yin~ Yu, Naomi Gardens, 655 W. Naomi Avenue, stated, in
part, that she was speaking for a group of Naomi Gardens
residents also present in the audience, They protest the
inquiries which have recently been made Mrs, Carole Ciraulo to
the Secretary of State regarding their U. S, citizenship in
connection with the April 12 City election. She presented a U.S.
passport as proof of her citizenship.
Dino Falabrino, 341 Coyle Avenue, stated. in part, that during
the recent campaign for Council seats, Mayor Pro tern Chang
repeatedly stated that the City of Arcadia is in deep financial
trouble. He presented a flyer distributed throughout the Clty
by Mayor Pro tern Chang during this campalgn which states that he
wants to stop the mismanagement, the waste and the perks. One
perk referred to is that the Councilmembers give themselves
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5/17/94
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36:0131
approximately $768 of health insurance premiums per month. Since
~y~rbP~o tem Chang had been vehemently against this perk, Mr.
'i' ~5rf~ inquired why he immediately signed up for these health
insurance benefits. Councilmembers must set an example and carry
out their campaign pledges, Another campaign pledge of the three
new councilmembers was to balance the budget without using any
reserves. He is one Arcadia resident who will hold this Council
to it. A divided City Council will only hurt the residents.
Mayor Pro tem Chang replied that he has applied for the $750.00
per month for insurance as indicated, but that he intends to
reimburse the City $100.00 per month. The general employees get
about $450,00 per month for health insurance premiums, He also
plans to propose that, in the future, the Councilmembers receive
the same benefits as the general employees, He also proposes
that Councilmemhers pay their own expenses for travel to attend
conferences. He intends to reimburse the City for his recent
expenses for the conference in Sacramento.
1
Staff Sergeant Ed Bacon, U, S. Army Retired, 1807 South Baldwin
Avenue, stated, in part, that in the month of May there are two
days set aside for remembering the active and retired men and
women of the United States armed forces, and to recognize their
contributions to the defense of this great nation. Armed Forces
Day is May 21: Memorial Day, May 30. It is also only fitting
during this month that we pay homage, and remember those who have
gone before us, The fact that our nation has endured for more
than two centuries unconquered is a tribute to our fighting
forces, We must remember that this freedom was not gained
without sacrifice. There are markers on graves in cemeteries
around the world for fighting men who did not return home and
who are remembered by someone, As we mark the passage of the
month of May, we say "thank you" to those who gave their lives,
and share the spirit of those young men and women and those
battle hardened veterans who have fought the good fight and stand
together to deter aggression. They are the ones who make the
observance of these days possible,
Gerl Fasching, 1451 Oaklawn Road, stated, "since the City Council
election on April 12, there has been an ongoing investigation of
voting irregularities. These irregularities stemmed, in part,
from the unusual 300% increase in the absentee ballots that were
cast, This investigation is being carried on by a number of
Arcadia residents known as Citizens for Fair Voting, of which I
am a member and spokesperson tonight. I am here tonight to
inform the City Council that while this investigation is still
ongoing, it has been determined there is at present enough
evidence of election fraud to file an election contest with the
County Clerk, This filing will take place on Thursday, May 19
by the attorneys representing the Citizens for Fair Voting, This
action does not involve the City of Arcadia. It is not against
the City of Arcadia. On your agenda tonight there is a report
from the City Clerk pertaining to some preliminary allegations
concerning the election. Those allegations were somewhat
premature, and have no connection whatsoever with the findings
of our investigation or with the proceedings of our Committee.
Thank you."
I
Marv Gaines, 1015 Monte Verde Drive, stated, in part, that she
has been a resident for 35 years, The April 12 election of this
City Council was reduced politically to its lowest possible
denomination by all the rumors, innuendos, undocumented
accusations and lies, She believes that this election should be
investigated, and that it might have denied the citizens of
Arcadia the leadership it deserves. She believes we deserve the
leadership of Dennis Lojeski who has been a member of the Council
for ten years, and has done an outs tanding job. She totally
agrees that we must investigate the election of this Council, and
we must get our City united once again.
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5/17/94
1
I
l.
PUBLIC
HEARING
NUISANCE
ABATEMENT
(533 Valido
Road)
(CONTINUED
from 5/3/94)
(APPROVED)
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36:015~
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None
QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA
ITEMS
None
It was MOVED by Councilmember Margett, seconded by Councilmember
Kuhn and CARRIED that ordinances and resolutions be read by title
only and that the reading in full be WAIVED.
PUBLIC HEARING
Consideration of Resolution No 5790 declaring a public nuisance
and order to abate the property at 533 Valido Road, Arcadia, This
hearing has been scheduled pursuant to Section 1101(b) of the
1991 uniform Housing Code, Section 9406 of the Arcadia Municipal
Code, Section 203(a) of the Uniform Building Code and Section 401
of the Abatement of Dangerous Buildings Code. The violations
are listed in considerable detail in staff report dated May 17,
1994, The Notice of Public Hearing and Order to Abate setting
forth the date for public hearing on May, 3, was hand delivered
to the property owner, Mary Card, on April 20, and was faxed on
April 19 to California Federal Savings and Loan. the company
which holds title to the property, In addition, copies were
mailed to both parties and posted on the property. The hearing
was CONTINUED from the May 3, 1994 City Council meeting to this
date in order to allow the property owner and her attorney an
opportunity to review the case. Because staff was recommending
the continuance, a letter indicating staff's recommendation for
continuance was hand delivered to the property owner, Mary Card
on May 2 and faxed to California Federal Savings and Loan.
Notices were mailed and the property posted,
The Housing Code, Fire Code and property maintenance problems
were noted on the property during an inspection on March 19,
1994, The house was constructed in 1948 and, according to the
City's records, no improvements have been made since that time
wi th the exception of a screened patio which was permanently
enclosed without a permit. Based upon inspections by the Fire
Department, the Building Division and the Los Angeles County
Health Department, the house was deemed unsafe to inhabit, and
was posted "Unsafe to Occupy" under Section 8130 of the Arcadia
Municipal Code_ Mrs. Card has not been allowed to live in the
house since the property was posted as unsafe; however, she has
been permitted limited access to remove clothing and other
personal items, The Community Development Department/Building
Division has estimated that it could cost $75.000 or more to
repair the house. This estimate does not include cleaning the
interior of the house and removing all of the clothes, boxes, and
debris which must be done before interior repair work can begin.
This extra work would be in addition to the $75,000, The
property owner is on a limited income. and does not have the
money to pay for the necessary repairs. Mrs, Card qualifies for
the City's Home Improvement Program which would allow up to
$10,000 for home improvement. The Nuisance Abatement Program
does not have money budgeted to pay for the necessary work
described, and if the City pursues bringing the property into
compliance, money will have to be allocated from the General
Fund, The cost for demolition of the house could range from
$5,000 to $10,000, Demolition is included in the list of
alternatives which the City Council may consider. These
alternatives are listed with pros and cons relating to each one
in the staff report,
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5/17/94
36:0153
The City Attorney added that if Council determines at the close
of the public hearing that this is a public nuisance, and to be
assured that all due process requirements are met, it is
recommended that if in the future we have not accomplished a
successful rehabilitation and that demolition is definitely in
the process, another public hearing be held to deal with the
issue of demolition alone.
Jennifer Peters, Attorney representing the property owner, Mary
Card, stated, in part, that she has only recently been made aware
of the violations with which the City is concerned. This has not
provided much of an opportunity to address the financing of
repairs, extent of repairs necessary, etc. She has an opinion
from a reputable contractor that there is no major structural
problem, and that this is a property that can be and should be
repaired, The owner has equity in the house, has nowhere else 1
to live and wants to return to the property. Mrs, Card's problem
is that she is clinically depressed and is under doctor' 5
treatment. Clinical depression is a grave disability which
prevents an individual from maintaining all sorts of daily
activities that we normally encounter. Because of the treatment,
she is now able to function with help in a way that she was
unable to previously, and has been able to employ a
representative to be able to resolve these problems. Ms. Peters
has started to investigate possible avenues of financing, but
there has not been time to firm up anything. It is Mrs. Card's
intention to do whatever is necessary to be able to live in her
residence. Demolition should be a very remote possibility. She
does not think a ninety-day period would be adequate to evaluate
the problems, arrange financing, etc.
The Acting City Manager suggested that if at the end of the
ninety day period. a reasonable amount of progress has been made
to address these problems. an appeal for further time extension
could be brought before Council,
Ms. Peters agreed with Councilmember Margett's suggestion that
the first matter to be undertaken is the clean-up of the interior
of the building, It was also requested by Councilmember Margett
that staff be kept informed of progress.
Don Kooo, 541 Valido Road. stated, in part, that he lives
directly north of the property under discussion, and he has a
first hand, up-close relationship with this neighbor, and insight
and clarification which are not contained in the City's report,
The report does fairly represent the condition of this property.
The residence is a public nuisance, as well as a public health
and fire hazard. He lives twenty feet from this residence. The
front yard is mowed, but the back yard is dirt, dead trees,
crashed auto, etc, But the major problem is the interior of the
house. There are rat carcasses, rat nests, rat feces, trash and
garbage throughout the house: no hot .ater: and holes in the roof
which allow rain to pour into the house. This has been an
ongoing problem; something needs to be done. He wants to see 1
action. It is also his opinion that a rehabilitation effort on
the part of the City will be a complete waste of time and money.
In three or four years we will all be here talking about the same
problems, He thinks the house should be torn down, He requests
that the Planning Department at least go into the house and kill
the rats before they eat the electrical insulation. Mrs. Card is
a recluse; does not answer the phone or the door; she does not
conduct herself in a reasonable or responsible manner. He thinks
Mrs. Card is a danger to herself and to her neighbors: and that
it would be a favor to her to tear down the house. This will
enable her to find another environment where she can get help.
Tom Stevenson, 525 Valido Road, stated, in part, that he lives
twenty feet to the south of Mrs, Card, He agrees wi th the
remarks made by Don Kopp, There is a wreck of a car in the back
yard; there are rats and skunks living in the overgrowth among
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5/17/94
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RESOLUTION
NO. 5790
(ADOPTED)
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1.
HlJ}L<\.N
RESOURCES
COMSN.
(S. H.
Wen)
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36:0l5~
the dead trees. The rat infestation is a health hazard -- dead
rats, rat nests, rat feces, etc. The County health official told
him that there would be an unbelievable exodus of rats from the
property when the Planning Department puts rat poison in the
house. The neighbors are going to have a real problem.
Something needs to be done to kill the rats, The interior of the
house cannot be cleaned up until the rat problem is solved. This
property is also a fire hazard because of the use of extension
cords, space heaters, etc. and he is extremely concerned because
his house is so close and fire season is coming. Mr. Stevenson
noted that this problem has been developing since 1978 or before.
This woman is a sick person: one who needs help; and this needs
to be addressed, too, From a neighborhood viewpoint, he urges
Council to let the abatement process go forward.
Jennifer Peters, Attorney, responded that she understands the
neighbors' frustration, but perhaps they'want help to get rid of
a neighbor they don't want. Mary Card is a disabled person, but
she is a property owner and is entitled to have her house. She
has not run away; she has sent her representative for some
credibility, and they are working toward making some improvement.
Councilmember Margett noted that he would like a professional
opinion as to whether or not Mary Card is able to care for
herself, He would also like to know if she is able to finance or
repay an amount of $100,000 possibly needed for rehabilitation
of the property, The City Attorney responded that the Council
cannot consider the question of Mrs. Card's medical condition as
long as her attorney is here saying that she is not incompetent,
and she is capable of making her own decisions. However, staff
will address the matter of the financial situation and capability
in a thirty to sixty day period.
On MOTION by Counc ilmember Loj eski, seconded by Counc ilmember
Kuhn and CARRIED, the public hearing was CLOSED.
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows to DETERMINE
that a public nuisance exists, and ADOPT Resolution No, 5790: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF
REAL PROPERTY LOCATED AT 533 VALl DO , ARCADIA, AND AUTHORIZING
THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF
ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 208 OF THE
UNIFORM BUILDING CODE AND SECTIONS 9405.8 AND 9406.3 OF THE
ARCADIA MUNICIPAL CODE"; with the added condition that, in the
event demolition of the structure is recommended, an additional
public hearing be held before demolition commences.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
BOARDS AND COMMISSIONS
It was MOVED by Mayor Pro tern Chang to appoint Rene Topalian to
the Human Resources Commission to fill an unexpired term to June
30, 1994, and a full four year term to June 30, 1998. The motion
died for lack of a second.
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED roll call vote as follows to appoint S. H,
Wen to the Human Resources Commission to fill an unexpired term
to June 30. 1994. and a full four year term to June 30, 1998.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
5
5/17/94
2.
SENIOR
CITIZENS'
COMSN.
(Esther
Barnes)
'0140.70
3.
CITY CLERK
REPORT RE.
ALLEGED
ELECTION
IRREGULARITIES
I03rt)-~e)
36:0155
It was MOVED by Councilmember Lojeski, seconded by Mayor Young
and CARRIED on roll call vote as follows to appoint Esther Barnes
to the Senior Citizens' Commission to fill out an unexpired term
to June 30, 1995,
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MATTERS FROM ELECTED OFFICIALS
At the May 3, 1994 City Council Meeting, Councilmember Lojeski
requested that a report be forthcoming from the City Clerk and
the City Attorney regarding a complaint to Secretary of State
filed by Mrs, Carole Ciraulo al :.eging irregularities during the
April 12, 1994 Municipal Election. In his opening remarks, the
City Attorney stated that there is nothing conclusive in the
statement of options in his report, and the City Clerk's report
is primarily responsive to the letter from the Secretary of State
pursuant to the Ciraulo complaint, Council heard earlier
tonight that an election contest is to be filed by May 19, which
may lead to a court proceeding, The City Clerk then reviewed in
considerable detail the results of the review and investigation
of alleged irregularities stated by Mrs. Carole Ciraulo. Each
item of the complaint was investigated, and in particular the
Asian voters named by Mrs, Ciraulo, and the results included in
the oral and written report of May 17, 1994. The allegations
proved to be unfounded. In response to questions from
Councilmember Lojeski, the City Clerk stated that there was a
significant increase in absentee ballots cast at this election.
The City Clerk also explained in detail the registration,
absentee ballot application and absentee ballot return
procedures.
1
Mayor Pro tern Chang stated that he had sent a memo to the Council
and Acting City Manager to the effect that he would not attend
the May 3, 1994 Council meeting, and would like to discuss Mrs,
Ciraulo's allegations at a later meeting. He was surprised that
Councilmembers Lojeski and Hargett voted not to excuse his
absence. He denied the allegations which had been made to the
Secretary of State, Elections Division, concerning his campaign
activities, "I did not pick up any unvoted absentee ballots.,.
and vote the ballot," and "in previous elections there were only
around 5,000 to 6,000 voters to go out to vote. This time we had
almost 10,000 voters, so it was almost twice the amount of people
who got out to vote, So you would not be surprised to find out
that there is twice the amount of the absentee voters. About the
retirement home, people who are not citizens", these people,
these residents have been here since 1986 and it only takes five
years to become a citizen. And you can see that this group of 1
people were here that live in this retirement home and all of
them had passports to indicate they are American citizens. Now,
from June Alford's report, all four allegations by Carole Ciraulo
you could know that they are all unfounded and not true."
Pursuant to the recommendation from the City Attorney, it was the
consensus of Council to withhold any further City action, review
or investigation pending the outcome of any potential District
Attorney action, and to wait and see what evidence the committee
may have and what the Superior Court does with it, There would
be no expense to the City at this point.
Councilmember Margett felt that if there is necessity to bring
this matter back to Council and to investigate further, the
Council should be prepared to do so.
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5/17/94
1
1
2.
KUHN
(Counc il-
member
Seminar)
(Teacher of
the Year
Priscilla
Tedesco)
LOJESKI
(Council
Presentation
to Ms.
Tedesco)
(1994-95
Budge t)
(City
Manager
Appointment)
0/..10 .~O
f'I~ t I
36:0156
Mayor Young agreed and would like to wait and see what evolves
in this legal process.
The City Attorney responded to a question from Councilmember
Lojeski that an investigation could cost the City from $10.000
to $40,000, depending on the scope of the investigation.
CITY COUNCIL REPORTS/ANNOUNCEMENTS/STATEMENTS
Councilmember Kuhn said that she found the recent seminar for new
council people which she attended in Sacramento to be very worth
while as was the networking with other public officials. She did
charge trip expenses to the City. but will not be doing this
frivolously.
Counc ilmember Kuhn noted that she had attended the Arcadia
Education Foundation meeting, and added her congratulations to
the 1994 Teacher of the Year. Priscilla Tedesco. We should be
very proud of the dedication of our teachers.
Councilmember Lojeski would like to schedule a presentation to
Priscilla Tedesco from the City Council. He agreed the meeting
for the new council people is very worth while for the political
networking and learning just what duties council people are
charged with.
Councilmember Lojeski would like to schedule the consideration
of the 1994-95 budget and ClF for the June 21, 1994 Council
meeting. He also proposed that Acting City Manager Bill Kelly
be named City Manager at that time. Mr. Kelly came to the City
of Arcadia as Community Development Director. Councilmember
Lojeski proposed that position be eliminated which will provide
a savings of from $120,000 - 150,000 in the upcoming budget,
since both salaries are budgeted at this time. With Donna Butler
in Planning, Building and Code Enforcement and Pete Kinnahan in
Economic Development, the departments have been functioning
efficiently, and he sees no reason to fill Mr, Kelly's former
position. Councilmember Lojeski directed the City Attorney to
prepare the appropriate resolution or whatever for the June 21,
1994 agenda to make Bill Kelly the permanent City Manager and
eliminate the title of Acting city Manager. And along with that,
to write into that particular situation, the appropriate
severance package, and to work out something that the Council can
discuss at the June 21 meeting.
HARGETT
(City
Manager
Appointment)
01]0 ;~}Councilmember Margett agreed that Bill Kelly should become the
w~fI City Manager. He also would like Mr. Kelly to provide some
overview of what he sees as the direction the City should take,
restructuring staff, a plan for the City, etc,
CHANG
(Counc ilmember
Seminar)
MARGETT
(Fire/Police
Accident
- Response)
(U. S.
Congress
Semi-Auto.
Weapon
Ban)
Mayor Pro tern Chang concurred with Councilmember Kuhn about the
conference... it was helpful.
Councilmember Margett noted that he had been witness to a severe
traffic accident in Arcadia last week. By the time he was able
to s top and call 9 -1-1, he was informed by the operator that
emergency vehicles were already rolling on that call. He thinks
it is wonderful and amazing that the Police and Fire personnel
are able to respond so rapidly to an emergency.
Councilmember Margett noted that in his opinion the recent action
taken by the U. S. Congress to ban the sale of semi-automatic
weapons in this country is a travesty. He is not a member of the
National Rifle Association, a hunter nor a gun collector.
Nevertheless, he feels this action by Congress will do nothing
to cut down violence or crime. What it will do is drive the sale
of such weapons underground into a black market. There will be
7
5/17/94
MARGETT
(Chang
Efforts
to Cancel
Nordstrom
Dept. Store
Agreement)
()\-/~.6()
Ns.P
CHANG
(Nordstrom)
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LOJESKI
(Nordstrom)
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tV.; ,
CITY
ATTORNEY
(Nordstrom)
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U ",I'
n' ,
YOUNG .
(Nordstrom)
,
, '
,
i\! ,
l.
ROLL CALL
36:0157
no sales tax benefits, no registration, no control of any kind.
Criminals will still find easy access to such weapons,
Councilmernber Margett commented on Mayor Pro tern Chang's recent
one-man campaign to completely disrupt the cordial relationship
between the City and Santa Anita Realty by attempting to renege
on the agreements to bring the Nordstrom department store into
Santa Anita Fashion Park Mall. These agreements are binding and
the City can not and does not want to cancel them. He is
concerned that Mayor Pro tern Chang obviously does not understand
the financial benefits to the City and the potential employment
of bringing this store to Arcadia, not to mention the immense
anticipation of the residents to the opening of this store. He
also objected to the false accusations which Mayor Pro tern Chang
made during the election that he and Councilmember Lojeski had
received bribes in connection with Nordstrom. This is completely
false: the commitment to bring Nordstrom to Arcadia took place
prior to the seating of Councilmember Lojeski and himself on the
City Council. He hopes that before Mayor Pro tern Chang embroils
the City in a costly lawsuit which the City does not want;
Nordstrom does not want; that the City can't afford, that the
City won't win, that he will do his homework and reach another
conclusion, He is poorly prepared and ill informed on that
issue.
1
Mayor Pro tern Chang stated, "What I had said during my campaign
about the Nordstrom deal is that, I don't feel that it is right
to give the taxpayer's money, three million dollars up front, to
get Nordstrom in while we probably can get another kind of deal
such as, that we give the Santa Anita Realty a rebate after
Nordstrom is open in August of this year. For example, we give
rebate... say 20%, 30% of sales tax that is supposed to go to
the City. And, I believe that that kind of terms or deal could
benefit our City's eventual situation while we are in the $2.6
million dollar in the red. I would like Nordstrom to come here
just like everybody else because to bring us, means sales tax
revenue increment. But, I don't like the terms, That's my point
." I don't like the terms. Now, since I've gotten elected, I
did look into the possibility of whether we can offer the terms.
I wrote the note, I talked to Mike Miller, I wrote a note to him
and asked him whether there is anything we can do, and he
responded 'there is nothing we can do'. So it's a done deal
so. it's a done deal, But, (inaudible) I never did anything else
on Chat."
Councilmember Lojeski said there had been an article in a recent
newspaper stating that Mayor Pro tern Chang had gone into the City
Attorney's office and demanded that the Nordstorm construction
be stopped. There was also a picture of Mayor Pro tern Chang
with this newspaper article, City Councils have worked for
fifteen years to bring that particular store into this community.
This is a plum: any other shopping center would love to have a
Nordstrom anchor,
The City Attorney interjected that continued discussion of the
Nordstrom/City agreement is not allowed under the Brown Act
because this item is not on the agenda,
1
t , .
Councilmember Lojeski and Mayor Young stated that negotiations
to bring the Nordstrom store to Arcadia had been ongoing since
the early 1980's,
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Agency Members Chang, Kuhn, Lojeski, Margett and Young
None
8
5/17/94
1
1
36:0158
2.
CONSENT ITEMS
MINUTE
APPROVAL
(May 3,1994)
(APPROVED)
On MOTION by Agency Member Lojeski, seconded by Agency Member
Margett, and CARRIED on roll call vote as follows. the minutes
of the regular meeting of May 3, 1994 were approved.
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Kuhm, Lojeski, Margett and Young
None
None
Mayor Pro tern Chang
3.
ADJOURi'lMENT
The meeting adjourned to May 24, 1994 at 5:30 p, m.
CITY COUNCIL RECONVENED
CONSENT ITEMS
1.
Considered separately (see page 11)
2 . () ? 3 0 -I ~_.
CONTRACT AWARDED contract in the amount of $19,500.00 to Byars Roofing
AWARD Company for re-roofing the City Council Chamber Building - Job
(Re-roofing No. 546; WAIVE any informalities in the bid or bidding process:
Counc il and AUTHORIZE the City Manager and Ci ty Clerk to execute a
Chamber - contract in the form approved by the City Attorney,
Job No. 546)
3. (jq~~p.l il
ADVERTISE
FOR BIDS
(1994-95
Slurry Seal
Program -
Job No.580)
APPROVED plans and specifications
Program - Various Streets - Job No.
Clerk to advertise for bids.
for the 1994-95 Slurry Seal
580; and AUTHORIZED the City
4. (:..I..Jtl.'1(J
RATIFIED RATIFIED the City Council's prior approved action regarding the
W.C. ACTION workers' compensation settlement of $31,000 to Robert Duda,
(Duda)
,) /,J
APPROVED plans and specifications for resurfacing various streets
as indicated in staff report dated May 17, 1994, and construction
of the asphalt pavement access road at the Baldwin reservoir -
Job No, 543: and AUTHORIZE the City Clerk to advertise for bids.
5. c) .I-h.
ADVERTISE
FOR BIDS
(Resurface
Var. Sts. &
Baldwin
Reserv.
Access Rd.
Canst. -
Job No.
543)
6. 03<1(),3D
EQUIP.PURCH AWARDED contract in the amount of $100.000 to Nixon Egli for the
(Street purchase of a street sweeper. Equipment Replacement funds for
Sweeper - this purchase in the amount of $100,900 were held over in the
Public Capital Improvement Program from fiscal year 1992-93.
Works)
9
5/17/94
36:0159
091)", s:o
7.
WORK ACCEPTED ACCEPTED the project - rehabilitation of sewer main at 1925 Tulip
(Rehab. Sewer Lane, and remodeling of the base of a sewer manhole in front of
Main - 55 North Golden West Avenue - Job No. 538A: and AUTHORIZED final
Tulip Ln. ~ payment to be made in accordance with the contract documents to
Remodel the contractor, Insituform Southwest. The 10% retention payment
Sewer :-lan- be conIes due and payable 35 days after City Council' 5 acceptance
hole Base - and will only be released by the Director of Public Works.
Golden West
Av. -
Job No.
538A)
8.
RESOLUTION
NO. 5793
(ADOPTED)
(Vacate El
Monte Av.
fro Duarte
Rd. to
Campus
Dr.)
fJ' '\, ':- \J
f) s I \ '. ) tJ
9. ~1l ~O _.:J 0
RESOLUTION
NO. 5795
(ADOPTED)
(SGVCOG
App to
Governing
Bd. Mbr. -
Cmbr.Kuhn
& Nayor
Young
Alterna te)
10. iH ,'.).(1 . i,')
RESOLUTION
NO. 5794
(ADOPTED)
(City Tree
Management
Program)
(l1,!JfJ 1,1
ORDINANCE
NO. 2006
(INTRODUCED)
(Arcadia
Beaut.
Commission
as Arcadia
Tree
Comsn, )
11. i)~r,J
RESOLUTION
NO. 5784
(ADOPTED)
(Cable TV
Franchise
Renewal &
Change of
Control)
ADOPTED Resolution No. 5793 presented and title read by the
Ac ting Ci ty Manager: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA APPROVING A HAP AND DEClARING THE
CITY'S INTENTION TO VACATE EL MONTE AVENUE BETWEEN DUARTE ROAD
AND CAMPUS DRIVE: DIRECTING THE CLERK OF THE CITY COUNCIL TO FILE
SAID MAP IN HER OFFICE SHOWING SAID STREET; RESERVING EASEMENTS
AND RIGHTS-OF-WAY TO BE EXCEPTED: SETTING A PUBLIC HEARING
THEREON FOR JUNE 21, 1994; AND DIRECTING NOTICE HEREOF TO BE
POSTED AND PUBLISHED"; DIRECTED staff to include reimbursement
of the City's administrative costs by the Arcadia Unified School
District in the Resolution ordering the vacation of El Monte
Avenue.
1
ADOPTED Resolution No. 5795 presented and title read by the
Acting City Manager: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO, 5771
DESIGNATING AN ARCADIA CITY COUNCIL MEMBER AND ALTERNATE MEMBER
TO THE GOVERNING BOARD OF THE SAN GABRIEL VALLEY ASSOCIATION OF
CITIES" .
ADOPTED Resolution No. 5794 presented and title read by the
Acting City Manager: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, RESCINDING IN PART RESOLUTION NO.
5750 PERTAINING TO THE ARCADIA BEAUTIFUL COMMISSION AND THE
ESTABLISHMENT OF A COMPREHENSIVE CITY-TREE MANAGEMENT PROGRAM",
INTRODUCED Ordinance No, 2006 presented and title read by the
Acting City Manager: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING PART 2 OF CHAPTER 2 OF
ARTICLE VII OF THE ARCADIA MUNICIPAL CODE AND ADDING CHAPTER 8
TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING A
COMPREHENSIVE MANAGEMENT PROGRAM FOR CITY-OWNED TREES AND
ESTABLISHING THE ARCADIA BEAUTIFUL COMMISSION AS THE ARCADIA TREE
COMMISSION" .
1
. '\ . ~
ADOPTED Resolution No. 5784 presented and title read by the
Acting City Manager: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY OF ARCADIA TO
ASSESS AND RECOUP ADMINISTRATIVE, LEGAL AND TECHNICAL COSTS TO
PROCESS THE REQUEST BY THE CABLE TELEVISION FRANCHISE HOLDER FOR
CHANGE OF CONTROL (REORGANIZATION, SALE, MERGER OR OTHER TRANSFER
TRANSACTIONS) AND FOR THE PROCESSING OF FRANCHISE RENEWAL AND
DIRECTING THE CITY MANAGER TO NEGOTIATE CONDITIONS OF APPROVAL" .
10
5/17 /94
I
I
1.
MINUTE
APPROVAL
(Apr. 26, 1994)
(May 3,1994)
(APPROVED)
1.
CONTRACT
AWARD
COUNCIL
CHAMBERS
IMPROVEMENT
PROJECT
(CABLE
TELEVISION)
(Studio
Spectrum)
(APPROVED)
() '? .3iJ .,( ~
CJ~/()_ ,oj
t)5.;) c} -' {J
2.
PUBLIC
RELATIONS
FI R21 -
RE SID ENTIAL
RECYCLING PROG.
(The Pick Up
Artists)
(AGREE:1ENT
APPROVED)
36:0160
ALL OF THE ABOVE CONSENT ITEMS, 2 THROUGH 11, WERE APPROVED ON
MOTION BY COUNCILMEMBER MARGETT, SECONDED BY COUNCILMEMBER KUHN
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
APPROVED the minutes of the April 26, 1994 study session and the
regular meeting of May 3, 1994 (as corrected) on MOTION by
Councilmember Lojeski, seconded by Mayor Young and CARRIED on
roll call vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Mayor Pro tern Chang (May 3, 1994 minutes only)
CITY MANAGER
In January of 1993 the City's cable company, Telecommunications,
Inc., began cablecasting the Council meetings. In an effort to
improve the quality of those cablecasts, in July of 1993, the
City Council retained John Risk, Communications Support Group,
Inc. to assist the City in developing alternatives in order to
create a more professional production of these meetings. The
Council reviewed the recommendations, and in February of 1994
directed staff to prepare specifications for a fully automated,
five camera, robotically controlled production facility with
editing capabilities. Bids were sent out to nine vendors; two
vendors returned bids on the project: and Studio Spectrum is the
successful bidder in the amount of $272,692,
John Risk, Communications Support Group, Inc., P.O. Box 10968,
Santa Ana, was present to respond to questions from Council with
regard to the capabilities of the equipment under consideration,
including the possibility of modifying one camera with special
equipment to enable cablecasting at a location other than the
council chamber.
In response to questions from councilmembers, staff responded
that $15,000 has been budgeted this year, and should cover the
annual cost of cablecasting the council meetings. Also, another
$200,000 is expected to be recouped from franchise fees during
the year.
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows to DIRECT staff
to proceed with the City Council Chambers Improvement Project:
AWARD the bid to Studio Spectrum in the amount of $272,692;
AUTHORIZE the City Manager and City Clerk to execute an agreement
in a form approved by the City Attorney: and NEGOTIATE an option
with Studio Spectrum to provide one camera which will be mobile
to be used at locations other than the Council chamber.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn. Lojeski, Margett and Young
None
None
The California Integrated Waste Management Act (AB 939) requires
cities and counties to divert 25% of their waste from landfills
by 1995 and 50% by the year 2000, Further the Act requires the
development of a Source Reduction and Recycling Element (SRRE)
11
5/17/94
36:0161
which will identify plans for source reduction, recycling, and
diversion alternatives in order to reduce the amount of waste
being disposed through transformation or land disposal. The
City's SRRE states that the City shall implement a comprehensive
public education program to enhance the waste diversion levels
in order to comply with the State mandate. Failure to achieve
the goals could result in fines up to $10,000 per day and/or
refusal to allow trash to be hauled beyond the City boundaries
until compliance is met.
City staff and NEWCO representatives developed a Request for
Proposal (RFP) for a public relations firm to market the City's
diversion programs with the goal of increasing the residential
diversion rates from 9.4% to 20%. The City mailed out seven
RFP's and received five responses. Following completion of the
interviews with the firms who responded, NEWCO Waste Systems then 1
became concerned with the cost of an effective public relations
program. Upon completion of the staff report to the City Council
that recommended the retention of a public relations firm,
representatives from NEWCO Waste Systems informed the City that
they had recently hired an employee with public relations
experience, and requested an opportunity to submit their proposal
to implement a public education program in the City, Staff
afforded representatives from NEWCO the opportunity to submit a
proposal for the public education program based upon the
requirements described in the RFP,
On April 22, 1994, NEWCO Waste Systems submitted their proposal
to the City to provide a solid waste public education program for
the residential recycling programs. After a thorough analysis
of NEWCO's proposal. staff believes that their proposed program
does not meet the standards necessary to provide the City with
a comprehensive public education campaign for the residential
recycling program.
In order to increase the waste diversion levels in the
residential recycling programs, staff recommends that the City
retain the public relations firm, The Pick Up Artists. to provide
assistance in designing and implementing a 25 month residential
solid waste public education program, coinciding with the end of
NEWCO's contract extension with the City. The original cost of
The Pick Up Artists' public education program was $147,290.
Staff negotiated the cost of this program down to $106,490 over
a three year period. The Exclusive Residential Refuse Agreement
with NEWCO Waste Systems states that the cost of the public
relations firm will be equally divided between the City and
NEWCO. Thus, the City's total cost for this program would be
$53,245, There are sufficient funds in the City's Solid Waste
Management Fund to pay for the City's portion of this public
education program.
Shelli Graff, The Pick Up Artists, 10516 Culver Blvd., Culver
City. presented details regarding the company, and the fact that
they focus on public education and training including the I
apartment/condominium area, classroom area, pledges to recycle
and on-going reminders, involvement with Earth Day activities,
etc. They will focus on changing habits wher~ recycling is
concerned. They are an experienced advertising and public
relations firm with resources to accomplish the objective.
Shelby Worley, Executive Vice President, NEWCO Waste Systems, 901
South Primrose, Monrovia, stated, in part, that NEWCO is part of
this recycling process, and is under contract to the City. No
additional money is required from the City for the services they
will provide, The costs will be absorbed by NEWCO. This is a
commitment NEWCO is willing to make, Mr. Worley was employed
because of his expertise in areas of education, public relations
and training. The NEWCO program will look at everything, focus
on actually talking and dealing with people. presentations at
school classrooms, presentations to all formal organized groups
12
5/17/94
1
I
36:016.:'
in the City, They will work from a marketing standpoint, They
have printed material available, They will focus on change of
habit. Their program goes hand in hand with their commitment in
t:he community. Advertising/public relations firms charge from
$25 - $lOO/hour: NEWCO's cost would be $15/hour. Also, their
program would be subject to on-going evaluation by the City.
The City Attorney stated that if Council wishes to accept NEWCO'S
proposal, Council will have to reject all the proposals received
~nd request new proposals, since all the firms had sent in their
bids in good faith.
Councilmember Margett proposed that Council reject the bids, and
~equest new proposals what would include NEWCO, The City does not
have a deadline to meet in this selection, and there is money to
be saved.
Staff noted that development of a comprehensive education program
is very important to enable the City to reach the AB 939 goals.
The City's SRRE states that the City shall implement a
comprehensive public education program to enhance the waste
diversion level in order to comply with the State mandate,
~helli Graff, The Pick Up Artists, stated, in part, that her firm
has worked on recycling programs in office buildings, the Century
Plaza Towers for one example, which is one of the largest in the
~rea, The Towers had two failed recycling programs: but Pick Up
Artists had a successful program. Cities are scrambling to comply
with the State mandate to avoid the $10.000 fines, Education is
~equired to accomplish this, Garbage/trash companies have not
been involved in such education. Garbage companies pick up
garbage; recycling companies recycle; public education companies
teach about recycling. Pick Up Artists has an excellent program
which will help Arcadia comply with the mandate, They have
succeeded in the past, and will succeed again in Arcadia.
Shelbv Worlev, NEWGO, stated that NEWCO is responsible for the
implementation of AB 939 as well as the City, and will hold the
City harmless.
The City Attorney responded that the City must accommodate the
legal requirements, and the City is subject to the $10,000 fines,
[lot NEWGO.
Staff also pointed out that NEWCO's proposal to pick up the
education costs is that the amount is not to exceed $20,000.
Mayor Pro tern Chang said that education in this area is most
important, and the City needs specialists for this. NEWCO is
basically a garbage recycling company, not an advertising
company. AB 939 will be enforced; the City should be thinking
~bout the possibility of the $10,000 fines and should not delay
. implementing this program.
it was MOVED by Mayor Pro tern Chang, seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows to APPROVE the
~etention of The Pick Up Artists as the public relations firm
for the residential recycling programs; and AUTHORIZE the City
Manager to sign the agreement for public education consulting
services following approval as to form by the City Attorney,
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn and Young
Councilmembers Lojeski and Margett
None
3. 0/.,;) () ." " r j
PLANNING Councilmember Lojeski requested that this item be placed on the
COMSN. ~genda in order to discuss the possibility of increasing the
(Increase I1umber of Planning Commission members from five to seven. On
Hembers June 2, 1987, the Council voted to reduce the size of the
fr. Five to
Seven) 13 5/17/94
(APPROVED)
1.
CLAIM OF
A. DUPREE
(DENIED)
1(J"Ie'10
ADJOURNMENT
(May 24,1994
5:30 p.m.)
ATTEST:
36:0L63
Planning Commission from seven to five. An improvement in
attendance did occur following this reduction in number. Former
Councilmember Harbicht directed a letter to the Council outlining
a number of arguments in favor of keeping the Commission at its
present five members.
Discussion ensued among Councilmembers concerning these arguments
pro and con for increasing the number of Planning Commissioners,
It was then MOVED by Councilmember Lojeski, seconded by
Councilmember Margett and CARRIED on roll call vote as follows
to DIRECT staff to prepare an ordinance to change the number of
Planning Commission members from five to seven: and to include
Council' 5 concern about attendance at the Planning Commission
meetings.
1
AYES:
NOES:
ABSENT:
Councilmembers Lojeksi, Margett and Young
Councilmembers Chang and Kuhn
None
CITY ATTORNEY
On recommendation of the City Attorney, the claim of A, Dupree
was DENIED on MOTION by Councilmember Margett, seconded by
Councilmember Lojeski and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MATTERS FROM STAFF
None
At 11;40 p, m" the City Council meeting adjourned to Tuesday,
May 24, 1994 at 5:30 porn" in the Council Chamber for an
Adjourned Regular Meeting (Study Session) for a budget review and
to conduct the business of the Council and the Arcadia
Redevelopment Agency and any Closed Session necessary to discuss
personnel, litigation matters and evaluation of properties,
;{}: 'IJ.-t'.L- 'd_________
~,~,~~~
14
5/17/94