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HomeMy WebLinkAboutMAY 17,1994 1 I OliO . ',) 36:01jO ()\1'9( <.:<:. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE CLOSED SESSION OliO . ~ Itjj";; . ~ 0 "'<Y IrJ.3t)-.;>O '" C f' MINUTES 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 1 5/17/94 ~ I030-,H) / (J,J 0 ' .u() :l 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. 2 5/17/94 1 I l. PUBLIC HEARING NUISANCE ABATEMENT (533 Valido Road) (CONTINUED from 5/3/94) (APPROVED) O<"-HI "u 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, 3 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 4 5/17/94 1 I RESOLUTION NO. 5790 (ADOPTED) OS"~O - ';0 1. HlJ}L<\.N RESOURCES COMSN. (S. H. Wen) tJl,). 0 FJ 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. 6 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) o ~ I, (j 0 N \ {' LOJESKI (Nordstrom) ()I-f\ "D tV.; , CITY ATTORNEY (Nordstrom) i\.>rj, ;0 (I 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