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HomeMy WebLinkAboutOCTOBER 4,1994 I I 36:0328 01/0. ~o ' /00 '-1</ .; c.-C CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL ORD. & RES. READ BY TITLE ONLY l. COAS~ LITTLE LEAGUE - SENIOR GIRLS SOFTBALL 1994 ALL-STARS CLOSED SESSION Olli) _..t() M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 4, 1994 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:00 p. m" Tuesday, October 4, 1994 in the Arcadia City Hall Council Chamber. Pastor Thomas Shriver, Emmanuel Assembly of God Councilmember Robert Margett PRESENT: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA'ITEMS None QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS None It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. PRESENTATION Mayor Young introduced the Coast Little League - Senior Girls Softball 1994 All-Stars, their managers and coaches. Arcadia Coast Senior girls aged thirteen to fifteen became District 17 Senior League Champions in Softball on July 18 at Windsor Field in Arcadia. The Mayor's Certificate of Commendation in recognition and appreciation of outstanding achievement was presented to each member of the team, their manager, Jim Jarvis; coaches, Bob Kissel. Barry Rodriguez and Ed Anderson. The Closed Session was moved forward on the agenda, and the City Attorney announced that, "the City Council will enter a CLOSED SESSION for two purposes. The first purpose is pursuant to Government Code Section 54956,9 to confer with legal counsel regarding the existing personal injury case of Bowyer v. City of Arcadia. Tne. second reason is pursuant to Government Code Section 54957.6 to confer with labor negotiators Dan Cassidy and Gary Rogers regarding unrepresented employees, AFSCME Local 22264, the Arcadia Firefighter's Association, and the Arcadia Police Relief Association." Council entered the Closed Session at 7:09 p. m. CITY COUNCIL RECONVENED AT 7:43 P. M. 1 10/4/94 0,;1.10-30 A.!5P o ).I'CJ - 30 f'/JP 36:0329 AUDIENCE PARTICIPATION Harrv Verhilev. Sergeant, Arcadia Police Department. President of the Arcadia Police Relief Association. stated, in part, that APRA is comprised of all the officers, agents and sergeants of the Police Department, who make up about 90% of the Department. Since Ma)>, the negotiating team has met with City representatives in an attempt to ratify a new contract. The Association presented a modest initial proposal; were flexible with the items of concern through the process; and patient with the process as it extended the contract deadline date ninety days from June 30 to September 30 in response to Council's request. The items of concern are low cost items. These items are a concern to APRA because they will better the working conditions, thus help provide better services for the citizens of the community. The members of APRA have provided exceptional police service for the citizens, with excellent response time - - response is made to every type of call for service, in spite of the fact that the jobs have progressively become more difficult, dangerous and legally complex. Every officer has faced life threatening situations while serving this community, and will continue to do so. APRA is committed to service to the citizens of the community, They believe they have the support of the citizens; the support of the City administration and the police administration, They do not believe they have the support of the City Council, based upon the final contract offer. They believe it is essential that they have Council's support. Each Councilmember has stated that he or she supports the Police Department, and is an advocate of public safety in the community, But do the Councilmembers support the individuals of APRA who directly affect the public safety of this community? .. If you do. then please meet again at the bargaining table with a commitment to find common ground and ratify a fair and reasonable contract." I Bruce Smith, Arcadia Police Department, in charge of negotiations for the Police Relief Association, stated, in part, that as of October 1. 1994 the APRA is working without a contract, They were given Council's final offer on September 27 and were told Council voted 5-0 for that offer. When the offer was returned to the membership, they voted 41-0 to defeat the offer. There is not a contract dispute over salary, but over working conditions, In these times of financial uncertainty, APRA has put together a package that took a lot of creative talent, pain and hard work. The contract is about working conditions and issue changes improving the efficiency and effectiveness in the way the City does business with the APRA. For 2% of total compensation, approximately $70,000. the issues could be resolved and a contract signed. The City's attorney, Mr, Dan Cassidy. told APRA that the City has no money, but several of the issues do not cost anything, in fact the 3/12 work schedule is projected to save money. Council's answer was that in their opinion, the twelve hour day was unsafe for officers, No evidence has been offered that officers working a twelve hour day will become fatigued. There is no documentation or testimony that it is unsafe; it is just Council's opinion. Eight out of twelve of the comparison cities which Council selected are on the 3/12 work schedule; fatigue has not been a factor with any of those cities. The 3/12 work schedule will save money. The program is endorsed by the City Manager and Chief of Police, It will put more officers on the street at pe8k periods of activity for no extra money, I The 1993 crime statistics for the City of Arcadia show a 12.7% increase in Part I crimes in Arcadia since 1991; felonies are up 24.7%, In Arcadia today 8.6 felonies occur a day; 5.5 misdemeanor arrests are made a day, with 5.3 misdemeanor crimes occurring per hour. Adult narcotic arrests are up 77.4%; juvenile narcotic arrests are up 158%. Over all-crime is up 2,1%. That is the same as throughout the entire State of California, 420 hours per month are available on the 3/12 work 2 10/4/94 I OJ../()- ;:10 ,vSP I {;;)./o- 30 f:.'5r 36:0330 schedule, limited only by the City's imagination to fill training, special enforcement, special details, extra patrol, all now which cost the City overtime. They can put more officers on the street, provide better response to crime, increase corrective enforcement, display higher visibility of police in problem areas all for no extra money. In times of catastrophe and civil unrest, the officers were put on twelve hour schedules with days off cancelled. There was no(sign of fatigue or safety problems during these times. The facts show that the 3/12 work schedule i~ of great benefit to the police officers, the City and the citizens they serve, according to Agent Smith. Uniform allowance is the next issue and at no cost increase, it would allow the officers to upgrade their safety equipment, These funds are already in the budget to do so. The three floating holidays which the City is already paying for in the current work schedule again are no cost increase. Other City employees receive three more holidays than the police. On overtime, the City compensates its officers at the absolute minimum level required by the Fair Labor and Standards Act set by the Federal Government. All the cities on the City's survey compensate overtime at a higher rate. Most overtime will be eliminated on the 3/12 schedule. Council says it has no money, By Council Resolutions 5806 and 5807. June 26, 1994 eleven City positions were reclassified; three new positions created; raises granted totalling over $80,000 in additional expenditures. You have allocated $200,000 to move and remodel the City print shop. The Council has money because it is spending money, above and beyond the normal operating costs for the City. Agent Smith requested that Council return to the bargaining table, .. APRA' s offer is fair and just". Steven Silver, Attorney representing the Arcadia Police Relief Association, 1428 Second Street, Santa Monica, stated, in part, that he has been representing public employee organizations for the past twenty-five years. The message that was delivered to the Association by the City's chief negotiator, Mr. Cassidy, was one of the most astounding bits of information he has seen. Council is dealing with a group of employees who have not asked for any salary increase. They have asked for very modest corrections in areas of overtime and holidays. They want to get the same overtime benefits that are enjoyed by virtually every other law enforcement officer in Southern California; the same holiday and vacation benefits as other City employees. Council not only declined to rectify those problems, and refused to propose any kind of improved compensation benefits. but Council undid the hard work of representatives of the Association, and the administration of the Police Department in putting together an improved work schedule which would benefit the citizens of the City. Council has hired experts to run the Police Department and these people have made a recommendation for a cost saving program that they believe will be in the best interest of serving law enforcement in this City, and the Council has disregarded their advice. Mr. Silver's purpose in speaking is to ask Council to give an explanation as to why these very modest improvements are being denied, and why the recommendations of Council's own experts are disregarded. The City Attorney stated there is a negotiating table for this discussioi"l. Ml:'. Cass:i.uy .;." i..~IC: ::i~vkesperson for the City and that would be the appropriate forum. Mr. Silver reiterated that he thought Council owed the Association an answer. The City Manager recommended that Council take all public input then make any statements deemed appropriate. CraiE Bonholtzer, 2000 Carolwood Drive, stated, in part, that he is present to address this issue that has dramatic impact on the citizens of Arcadia. It is disturbing that the City and the 3 10/4/94 36:0331 Police Department have come to an impasse on the new Police Department contract, What bothers him is that when adversarial issues begin, those involved sometimes lose sight of the broader issues and only look at the numbers. What everyone must remember and think hard about is what these officers face every day. Although residents are lucky enough to live in Arcadia with the perception of a relatively low crime rate, Arcadia is an island surrounded by other cities with very high crime rates. Our lower crime rate is due in large part to the Arcadia Police Department's reputation with the criminal element. The officers daily face people who don't hesitate to fight, stab. or shoot officers. They face the added danger of coming into contact with AIDs, even through a routine search of a suspect, by being poked by a needle, TB and other infectious diseases. ~hey also face the reality that if they make one mistake nowadays arresting a I suspect they could end up in jail, The number one priority of government is to maintain the freedom and the security of the people. The officers are the first defenders of this for the City of Arcadia. This thin blue line is all that stands between an orderly society and chaos. We were all witness to this recently when Los Angeles burned; when Los Angeles officers were ordered by their officials not to deploy we saw the result, and we all felt it. Anarchy and chaos resulted. It is incumbent upon the City Council to back and ensure the public service officers, and for them to know that the Council is behind them. He looks forward to a quick resolution and accommodation by all in this matter. Lvnn Loufek, 1994 Chairman of the Festival of Bands and Peter Kuhn, 1994 President of the Arcadia Music Club were present to invite Council to this year's Arcadia Festival of Bands Review, November 19, 1994, They thanked the Councilmembers for their support in previous years and distributed invitations to the Council. (lY30.rr Ed Ne~olian, 936 West Huntington Drive, Unit No. N, stated. in part, that he is concerned about shopping carts on the streets between Sunset and Golden West. Every day there are a dozen or more shopping carts left on the median of the street, or in front of the apartment complexes, He and his wife have tried contacting the manager of Hughes Market, and the City Code Enforcement Department. That department had no real answers, and said they have to physically catch people pushing carts down the street to be able to do anything about it. The root of the matter is to try to keep shopping carts on the market facilities, He hopes Council can help with this problem. Perhaps the markets could be fined for allowing the carts to leave their premises. Mayor Young responded that staff will look into this problem. NS{' ~..2IO-~G Mayor Young read a prepared statement: "The City of Arcadia recently met and conferred in good faith with the representatives from the Arcadia Police Relief Association to discuss wages, hours and working conditions. An impasse has been reached in those discussions. Due to the financial constraints which exist this fiscal year. no monetary items were authorized by the City Council for consideration. While the safety and welfare of Arcadia citizens is of the highest priority to the City Council, any financial adjustments would adversely impact the current budget, and would require a reduction in services or app'ropriation from the City's reserves. Over the past three years even as a recession was under way, members of the Police Association received a compounded salary increase of 25.26%. The Consumer Price Index during that same period was 7.1%. This was a very generous display by the City Council, but one which cannot be repeated during this time of cutbacks and possible service reductions. Additionally, a survey revealed that the salary of the Arcadia Police Officers ranked second highest out of thirteen agencies in the Greater San Gabriel Valley. Public activities organized by the Police Association are unfortunate. f.e.Y' 4 10/4/94 I I I 0.2 (0 -..30 /lisP O:l/()-.3'O N.~ P KUHN (Eagle Scout) LOJESKI (Downtown Business) (Restriping EI Monte Av. - J. Helms) {) q ::)0 --1.0 N.J (' (Chief Johnson Retirement) 0/:30- ~O t{SP ", " :~,l 36:0332 ... "The City Council had hoped for a united effort in dealing with current budget difficulties. The police management staff is determined, however. that safety and security will be maintained in the City of Arcadia. A contingency plan is in place and dedicated employees will ensure that critical services will continue. The City Council wishes to thank the residents and businesses for your patience, understanding and support." Lvle Wilson, 1701 South Sixth' Avenue, stated, in part, that he is a long time resident of Southern California. Prior to living in Arcadia, he lived in Diamond Bar and the City of Pasadena. He left the City of Pasadena specifically because of the crime problems in Pasadena. He moved to Arcadia because of the quality of life in this City. He feels safe in his neighborhood. The issues before the City Council, as he understands it, do not involve a salary increase. He can't believe that Council is ready to go to impasse over $70,000 to settle an issue with the Police Department considering the quality of service that those officers have given. Also, he does not think Council has given an adequate answer to himself or to the police officers. He is concerned that no answer was forthcoming. He would like to know if there is a time frame when an answer will be available. The City Attorney stated that this period of time is for oral communication and the Council is not to be interrogated. Stuart Reeves, 178 West Walnut. stated. in part, that he has lived in Arcadia for eighteen years and is getting a little incensed abut this situation with the police officers. The attorney representing the Police Association asked the Council to share their rationale. The City Attorney answered with what was probably a proper legal answer - - speak with the City's negotiator. But this was not a negotiation point. He was asking for the personal reasons from the Councilmembers as to where they got their facts and figures to determine that fatigue would be a factor with the 3/12 schedule. He thinks it is incumbent upon every Councilmember to give these officers an answer to their question. MATTERS FROM ELECTED OFFICIALS Councilmember Kuhn congratulated Brian Erdman upon receiving his Eagle Scout Award on Saturday from Troop No. 125. She was delighted to represent Mayor Young in the presentation of the Merit Commendation. She expressed thanks to the dedicated men and women who work with groups such as the Boy Scouts, Girl Scouts, YMCA, and the sports programs. Councilmember Lojeski referred to a note he has received from Beth Wells-Miller directing his attention to a new business on Huntington Drive called La Tea Da as an excellent example of what can be accomplishedcin the downtown area. Councilmember Lojeski noted that he had received a letter last month from Jim Helms regarding his comments on restriping El Monte Avenue. In response to Councilmember Lojeski's question, the City Manager said the letter is being reviewed by the City Attorney and Public Works. It is being treated as a legal question, since Mr. Helms is an attorney and former Mayor. Councilmember Lojeski requested a c~py 0f th~ =~Fly. Councilmember Lojeski noted that Police Chief Johnson has announced his retirement from the City on December 31, 1994. Chief Johnson has been with the City for over 35 years. Neal will be missed his direction, his guidance have been absolutely unbelievable and fantastic. We could not find a finer City employee. It will be a serious loss to the City to lose such an employee. Councilmember Lojeski expressed 5 10/4/94 MARGETT (Chief Johnson Retirement) (Santa Anita Av. - Pocket Turn Lanes) (Wilderness Park - New Concept) 07VO-I(J II!,SP' YOUNG (Economy) MARGETT (HOA - ARB So, Arcadia) 05"..20-dl () 1'/5;/ CITY ATTORNEY (HOA - ARB So. Arcadia) or':;O-,:m N~..;,. - KUHN (HOA - ARB So, Arcadia) f)>-,~O - .;.>1') N.\!' MARGETT (HOA - ARB So. Arcadia) ~.;Jc_..oC' f\!.o:.r CHANG (HOA - ARB So, Arcadia) ~-.~(rl \,;, uoI! ' -..,...... \ J ~ _ -" . 36:0333 congratulations to the Chief. and stated that he is real sorry he will be leaving, Councilmember Margett agreed with Councilmember Loj eski' s remarks concerning Chief Johnson. He is happy for the opportunity Chief Johnson has after his retirement from the City he will certainly be missed. Councilmember Margett traveled both north and south on Santa Anlta Avenue and was concerned about cross through lanes on some streets, i,e., El Dorado, Farna and south of Duarte Road. On streets where there were no pocket lanes, he noticed a tremendous amount of skid marks; where there were pocket lanes, there were no skid marks. He would like to see a report from the Police Department as to whether there is a safety problem with those cross through lanes as opposed to pocket lanes, No other Councilmembers felt that a report was needed. I Councilmember Margett received a letter from Marian Wallace who is employed by the Department of Forestry, and is also a teacher and naturalist. Ms. Wallace has an interesting concept for Wilderness Park. He had lunch with Ms. Wallace and Stig Hedlund. who manages the Embassy Suites Hotel, and she has some creative ideas and uses for Wilderness Park. In particular, educational programs and management. If at all possible, he would like Councilor staff to meet with her and get some ideas. Mayor Young agreed, but said the economy has to change a little for the better so that the City's money is a little freer and the City can afford to do these things, Councilmember Margett referred to actions taken a couple of years ago to establish home owner associations and architectural review boards in the southern portion of t~e City. This effort did not succeed at that time. Councilmember Margett requested that staff research the reports and decisions presented at that time and present them to the City Council for review prior to ctirection to the Planning Commission to study this matter again, Mayor Young and Councilmember Lojeski agreed. Mayor Pro tem Chang basically agreed, but felt such action should be initiated by the residents in that area because a certain number of signatures are required. The City Attorney stated that part of the study that was done involved a multitude of approaches including establishing architectural review through ordinance and having a City commission or perhaps the Planning Commission to be the review board for that area, Another way of doing it would be through the organization of a home owners association. The material describing these approaches still exists, and can be re- circulated to the Councilor perhaps the Planning Commission. In response to a question from staff, Councilmember Margett said the material should be presented to the Planning Commission for study and eventual presentation to the Council for review. I Councilmember Kuhn thought this proposal had died because the citizens committee that had been formed to study the issue had recommended not to do it. Councilmember Margett said the proposal had been presented to the Planning Commission and there was a hearing, but the text did not meet their approval and they turned it down. The Council seated at that time, supported the Planning Commission's decision, Mayor Pro tem Chang thought it better to have the historical information prior to presentation to the Planning Commission. 6 10/4/94 I I MARGETT (HOA - ARB So. Arcadia) OS- ,10 - .'7J AlSf' CHANG (Chief Johnson Retirement) l 36:0334 Councilmmember Margett felt the matter should go to the Planning Commission first and to include the historical review when it is later presented to the Council Mayor Young agreed. The City Attorney recommended that it come back to Council with the historical background at which time a policy decision could be made of whether or not to send it to the Planning Commission. Pursuant to the Brown Act .such direction to the Planning C~mmission should be agendized. Council agreed by general consent to proceed as stated by the City Attorney. Mayor Pro tem Chang agreed with Councilmembers Lojeski and Margett's remarks concerning Police Chief Johnson's retirement from the City. He is a great person and will be missed. (Insurance Mayor Pro tem Chang proposed as a cost saving measure that, since Coverage Cost the PPO insurance coverage is more expensive, the City offer one Cutting)do:1,je) :'HMO policy to all the employees. f'.(JP l.O;;:Ju-~() PUBLIC HEARING NUISANCE ABATEMENT (533 Va lido Road) (STAFF DIRECTED The Planning Services Manager stated that the staff report before TO PREPARE Council provides a chronology relative to the subject nuisance RESOLUTION TO ABATE) LOJESKI (Insurance Coverage Cost Cutting) (j :'. ~\ I ,'j<..-, N.I/" CITY CLERK (November 8, 1994 Election) Councilmember Lojeski said there is an ongoing study by the Finance Director in an effort to save money on insurance coverage. Also, it is his impression that the employee pays the additional coverage if he chooses the PPO, rather than the HMO program. The City Manager said that a City employees committee has been formed to analyze insurance costs from an employee perspective as well as City management staff. Information can be brought back to Council in connection with the budget process. There has been some delay in the insurance cost study while waiting to see what decisions the federal government might make with regard to insurance coverage and cost, For that reason the insurance companies did not present a lot of information. This can probably move forward now. A report will be available on October 18 regarding workers' compensation, risk management and liability insurance. The report will not include employee health insurance issues. The City Clerk announced that a very important State election will be held on November 8, 1994. Persons who are not registered or need to re-register have until October 10 to do so. Los Angeles County is conducting this election. The City Clerk's office will help with registration and voter precinct locations. Councilmember Lojeski noted that at the last election one of the polling places indicated on the sample ballots was closed on election day. Voters were discouraged by this. The City Clerk explained that the County had to change some polling place locations after the sample ballots were mailed. The information was received late by the Clerk's office, but the office was able to direct a number of people to the proper polling place. The City Manager suggested that perhaps lists of polling places could be put on the cable system. In response to a question from Councilmember Margett, the City Clerk explained the process by which disabled voters can obtain permanent absent ballot status, Mayor Pro tem Chang said that a bill allowing permanent absent ballot status for anyone who wished it had been passed by the Assembly and sent to the Governor. PUBLIC HEARING The City Council at its September 20, 1994 meeting continued its consideration of the public nuisance case for the property at 533 Valido Road to tonight's meeting in view of the fact that the property owner's attorney. Jennifer Peters, had withdrawn from representation of Mrs. Mary Card. 7 10/4/94 36:0335 abatement. Since July 12. 1994 the City has requested from Mrs. Card's attorney a letter and a contractor's report outlining what action would be taken to bring the property into compliance, No report has been received. On September 12, Robin Thom Construction was hired by the City to inspect the property and prepare an assessment on the condition of the house. In summary of the assessment, it was noted that the roof is a complete loss and must be replaced; the general condition of the interior plaster will require the entire second floor walls and ceiling to' be resurfaced; the plumbing appears to be damaged and possibly replaced in the bathroom and kitchen; the heating needs to be replaced; the electrical wiring appears to be water damaged; also there was an extensive rat infestation which may have damaged the electrical wires inside the walls. The main electrical service is not to code; most of the doors and windows are warped and unable to be opened; based upon recent plumbing repairs on the I site, it appears that the sewer may be blocked; the wood siding is extremely weathered and dry rot and termite damage are present. The assessment recommends that a structural engineer should be hired because of the problems with the roof and interior due to water leaking into the structure over a number of years. The minimum scope of work needed to res tore the property would cost $80,000 to $100,000. Based upon the recommendation for the involvement of the structural engineer, staff had the house inspected on September 27 by Jose Melad, Structural Engineer and John Cheng, Building Official for the City of Burbank and also a structural engineer. Both parties determined that the house is structurally sound, but not habitable due to its disrepair. All of the housing code. fire code and property maintenance violations set forth in the staff report of May 17. 1994, and incorporated as part of this report, still exist and apply to the property, The City Attorney stated that a letter had been delivered personally by Mary Card to be part of the record, and copies of this letter were distributed to the Councilmembers. In essence a continuation is requested by Mrs. Card based upon her inability to retain another lawyer after the withdrawal of Jennifer Peters, her prior lawyer. The City Attorney has had independent conversation with Attorney Nina Chomsky in Pasadena with regard to efforts by Mrs, Card to appoint some form of trustee, business manager or personal affairs manager to help and assist with the decision making, and to help her with regard to resolving this particular problem. Those particular steps are underway now, but are not concluded with any finality. Mrs. Card is making an effort, and is being assisted informally by the Pasadena lawyer. The City Attorney (urther stated that Council is not bound to grant this continuance for the following reasons: 1) the Council has had numerous proceedings with regard to this matter. This is not a right-to-legal-counsel case as a criminal matter is. (2) The City has accorded Mrs, Card several notices with regard to this proceeding. She is very well aware of this proceeding tonight; and has written a very articulate letter indicating that I she understands the process. The City Attorney added that if Council determines at the conclusion of the public hearing that there is still a nuisance and that further action is necessary, there will be several steps left to do which are required with regard to due process considerations, including that during the proceedings Mrs. Card will have an opportunity to make serious commitments to rehab:U itAf:" thp. prc'2::':::'}";. ~~ have ample opportunity to present various solutions through her, hopefully, new business manager or trustee if appointed or through her own attorney she may hire, before any extreme action such as demolition occurs. The law requires that the City obtain a court order so she will have an opportunity to participate at that stage, With all the notices that have been provided. and opportunities to be heard, Council is not mandated to continue the matter. Furthermore, there has been a history in this case of non-compliance. and of Mrs. Card getting people to represent 8 10/4/94 . , I . l;:~' ;, 36:0336 her and then, for whatever reason, they depart or are unable to agree so to speak, and if the City continues with that kind of approach, the City will be carrying this matter forward ad infinitum. This is something to be concerned about. However, Council may continue this matter if they wish. The City Attorney further noted that, although it was not determined that structural problems are present at this point, such problems are eminent because of the hole in the roof and the other problems. " Th!, numerous problems with the property are compounded by the non-compliance history of the property owner. However, potential demolition must proceed with care and the City must accord SOme additional time. The goal is to resolve the problem without exposing the City to any form of damage suit. I Rav Streeter, Community Development/Inspection Services Manager. stated, in part that the list of problems with the property is quite inclusive. One of the most important measures to secure the property is to install a new roof to weatherize the property to help protect the interior. In response to Councilmember Margett's question, Mr. Streeter said he had read the report from the contractor, he has been inside the house, and he agrees with the contractor's report, including Mr. Melad's description of the problems with the property. He agreed that the repair estimate of $80,000 $100,000 is a fair figure. The property is definitely not habitable in its present condition. In reply to questions from the City Attorney, Mr. Streeter responded that other inspectors of this property were under his supervision, except Mr. Malad who is a private contractor. He also stated that the property could eventually become unsafe because of the condition of the roof which contributes to the rapid deterioration of the property. Visual inspection showed some illegal wiring present, and he would suspect a considerable amount of damage to the other wiring because of water problems. Mr. Streeter has also inspected the property and agrees with these findings. Charles Chaoman. 1415 South Alamitas, Monrovia, inquired exactly how many people have inspected this residence and why it took so many inspections to get to this point. The City Manager responded that there were fire inspectors, two structural engineers, one City consultant and one official from the City of Burbank, Code Services inspector, building inspectors, probably between half a dozen and a dozen various City officials and County health. This is probably the most serious problem the City has or has had and part of the solution to the problem is expert documentation if rather significant remedies are to be exerted which might involve rehabilitation by City forces which then involves reimbursement by the property owner and/or actual demolishing of the structure. The City has a reciprocal agreement involving inspections with the City of Burbank, so there was little or no cost involved. I Mayor Young declared the public hearing OPEN. Don Kooo, 541 Valido Road, stated, in part, that this is his second time to address the Council concerning this matter. He has read the staff report and felt staff had done an excellent job of listing the events that have, and those that have not taken place concerning this matter. The City became involved in this process in early March, together with the County Health Department and the Council declared this property to be a public nuisance: One hundred and twenty days have been provide Mary Card to correct the problems. During that period, nothing has been done by the owner. The rat infestation problem was taken care of by the City. This problem began sixteen years ago and during that period of time, the property has been in declining disrepair which led to the situation which exists today. In spite of this, Mary Card literally had to be forced to leave the property. It is incumbent upon the City Council to take decisive action in this situation. There are dead rats rotting in the house; if the 9 10/4/94 36:0337 ~ house should catch on fire, it would not burn, it would explode, Mr, Kopp lives twenty feet away. He considers this to be a paramount issue, and hopes that this Council will be fair and reasonable to himself and the other neighbors who maintain their homes properly, He has lived on his property for twenty-three years and has done a great deal to maintain the property and contribute to the community. It is time for the Council to take decisive action to see that this public nuisance is abated. In reply to questions from Councilmember Margett, Mr. Kopp said that in the event the City should rehabilitate this property and Mary Card allowed to move back, within four to six years, we will all be back talking about the same things. The house is dangerous to her. He thinks the best solution for the neighbors and for Mary Card would be to demolish the house and let Mrs. Card sell the lot to be rebuilt upon. Art White, 1122 Volante Drive, stated, in part, that he has I sympathy for the people who have to live north and south of this property. He has seen this house deteriorate for ten years and is surprised that it is still standing. He feels that $80,000 - 100,000 will only touch the surface to repair the house; it will cost much more. Don Kooo returned after having read Mrs. Card's letter addressed to the City Attorney and the City Council and commented that Mrs. Card's letter is articulate and was probably prompted by the direction of her attorney. She is asking again for continuation - - after a total of one hundred and twenty days continuation already granted, during which nothing was done. The City Attorney noted that Council did not choose to continue the public hearing which is now ongoing. The City Attorney also stated that if Council directs preparation of the resolution necessary to take to Court, it will still take approximately six weeks. Mr, Kopp stated that if Mrs. Card elects to take action, it should be significant action, not just the filing to make minor repairs. The City Council has given ample time for Mrs. Card to respond to this problem. Mr. Kopp reminded Council of the petition signed by a significant number of people which had been presented at the last Council meeting. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Mayor Pro tem Chang and CARRIED. Councilmember Lojeski stated, in part, that this public nuisance has been ongoing for a considerable period of time and is only getting worse. If the property owner elects to take the legal option to rehabilitate the house. there will be some very specific time frames. The City has been generous and lenient, and he feels it is time to determine that this property is a public nuisance and adopt the appropriate resolution. Councilmember Margett agreed with Councilmember Lojeski that Mrs. Card should either rehabilitate the property and bring it up to I code or the City should go to court and seek an order to tear the house down. He is in favor of this. If there is interest in rehabilitating the property, thirty days is adequate time to begin. If it is started, there should be a date certain when the repairs are to be completed. In response to questions from Mayor Pro tem Chang, the C'i.':"/ Attorney explained that the forthcoming resolution would provide a thirty day time limit for the property owner to take certain specific action, or upon failure to do so, the City Attorney will present the matter to the court for the appropriate court order, In reply to Councilmember Margett' s question about the possibility of auctioning the property, the City Attorney responded that such action would not be an appropriate exercise of police power. in that the City does not own the property. 10 10/4/94 I I MOTION ROLL CALL l. MINUTE APPROVAL (Sept.20.l994) (APPROVED) 1. MINUTE APPROVAL (Sept.8.l994) (Sept.14,1994) (~ept.20.1994) 2. 3. (j ~1If)., '-It' SOLICIT PROPOSALS (Landscape Maint. Contract 2/1/95 - 1/31/98) .-" 36:03,8 The City Attorney outlined the procedure to be followed to implement Council's decision this evening. It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to DETERMINE that the property at 533 Valido Road is still a public nuisance; DIRECT staff to prepare a resolution reflecting the findings and decision of this Council, consistent with its deliberations this date and in prior meetings, for the next Council meeting of October 18, 1994; said resolution to state that within thirty (30) days of the date of the resolution, the property owner shall rehabilitate the property or commit to rehabilitation by a binding written agreement with the City' and the obtainment of necessary permits to complete the work within a specific time schedule as deemed necessary by the City Manager, or commit to demolish the property pursuant to City permits and requirements within thirty days. Failure to accomplish the above will result in the City taking action to abate the nuisance through demolition at the property owner's expense subject to the appropriate court order, if necessary. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None CONSENT ITEMS On MOTION by Agency Member Lojeski, seconded by Chairman Young and CARRIED on roll call vote as follows the minutes of the September 20, 1994 regular meeting were APPROVED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The meeting ADJOURNED to October II, 1994 at 5:30 p. m. CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED the minutes of the September 9 and September 14, 1994 adjourned regular meetings, and the September 20, 1994 regular meeting. Considered separately (see page 12) AUTHORIZED the Director of Public Works to solicit proposals for a three (3) year landscape maintenance contract (February I, 1995-January 31, 1998), in accordance with Resolution No. 5452. 11 10/4/94 4. EQUIP.PURCH. MICRO- COMPUTERS (City Mgr. & City Attny.) 03</0.3'0 2. CONTRACT AWARD (Tree Maint. Program - Var. Sts. - Job No. 585) (APPROVED) /)''1 Yo .. .CJ(; l. REVISED DEFINITION GAME MACHINE REGULATIONS (APPROVED) i?3 ';"0-<1':>" 36:0339 AUTHORIZED funds not to exceed $9,000 for the acquisition of micro-computers in the City Attorney and City Manager offices and that said funds be APPROPRIATED from the Equipment Replacement Fund balance. THE ABOVE CONSENT ITEMS 1, 3, AND 4 WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER MARGETT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None Mayor Pro tem Chang noted that he has received complaints from residents about lack of tree trimming of parkway trees. The City Manager explained that the trees are trimmed on a regular schedule based upon a number of factors. Special requests for tree service are undertaken only if the tree fits in the normal cycle of the tree maintenance program or is an emergency and a potential liability. Councilmember Margett inquired about the low bid received for this contract. Staff responded that Golden Bear Arborists, Inc. is located nearby in Monrovia; they are very knowledgeable of Arcadia standards and have worked before for the City. The other bidders are located in Los Angeles and La Habra, and they have significant costs in transportation and related items. I It was MOVED by Mayor Pro tem Chang, seconded by Mayor Young and CARRIED on roll call vote as follows to AWARD the contract to Golden Bear Arborists, Inc., in the amount of $99,874.20 for the 1994-95 tree maintenance program on various streets - Job No. 585; AUTHORIZE the trimming of approximately 600 additional trees at a cost not to exceed $24,000; WAIVE any informalities in the bid or bidding process; and AUTHORIZE the City Manager and the City Clerk to execute a contract in the form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett ano Young None None CITY MANAGER Consideration of request to revise the City's definition of game machine arcade regulations. The City Council, at its August 2 meeting, requested that the Community Development Department investigate what constitutes a video game arcade. The October 4, 1994 staff report discusses the background of the City's current code requirements; limits on the number of game machines in other cities; the number of businesses in Arcadia which could be impacted by a change; and possible City Council action. I The City Manager stated that, at a previous Council meeting Council asked staff to re-visit this whole issue of video machine arcade rules. The Octobrt 4, 1994 staff report presents a brief overvic~ ~f the Council's consideration of this ordinance sometime ago. At that time, the City of Arcadia had indicated that anything less than eight machines would not be an arcade. The staff report provides a listing of what other cities defined as game arcades, and in most cases anywhere from two to three machines is considered not an arcade, but more than that would be an arcade. Arcadia is at the outer edge significantly, almost double, of what other cities consider to be arcades. The staff report also gives a listing of the number of machines in the City based upon various uses and locations and it varies 12 10/4/94 I I 2. GOVERNMENT ACCESS CABLE TELEVISION PROGRAMMING (TCII Cablevision) (APPROVED) c);~J-/I) '>,"f; 36:0340 anywhere from twenty at the bowling alley down to one at the various sports cafes, The issue was also raised as to the kinds of problems we have with ,video arcades. The Police Department, along with the Business License Officer, always reviews'arcades relative to occupancy, number of machines, things of this nature, This is a very rapidly changing industry as to the types of machines' and number of machines. The City can not regulate every single business in the City that brings an arcade machine in. They come and go as rapidly as cigarette machines and newspaper vending machines. Staff tries to respond to complaints. The School District did not express any problems with the video arcade at this point in time. Staff did request information from them, and they said it is not a problem for them right now. The staff is recommending that the City Council reconsider the number of allowed machines and lower that number to three. Anything less than three would not be considered an arcade. Anything more than three, would require a conditional use permit, with the exception that those in restaurants can have up to seven, but any other use of a retail nature of four or more would need a use permit as outlined on page 5 of the staff recommendation. Considerable discussion ensued among Councilmembers regarding the numbers of machines to be allowed and/or the types of business which could obtain licenses for the game machines. The conditional use permit and appeal procedures as a means of control of the numbers and placement of the game machines were also discussed at great length. The possibility of establishing a moratorium during which a complete study of the matter could be accomplished was also considered. It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Margett and CARRIED on roll call vote as follows that the number of game machines in any kind of business in City be limited to three; and that a Conditional Use Permit be required for four or more game machines in all business in the City. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Margett and Young Councilmember Lojeski None Councilmember Margett requested an appeal of the 142 East Duarte Road application for entertainment permit by the Looi Corporation, consistent with the appeal provisions of the business license and permit review procedure. At the September 6 City Council meeting, the Council directed staff to analyze the City's cable television access opportunities. In order for the City to maintain control over cable television programming, staff recommends that the City approve government access programming utilizing a combination of volunteers and the cable company to cablecast the City's programs. In the Winter 1993 City Newsletter the City solicited interested residents to serve on a cable advisory commission. In September 1993 the City sent letters to all the applicants informing them that a cable television master plan was in the process of being completed. In addition, the letter stated that the City would inform them if a cable commission was established. Due l:u Lll~ 1..H~k of fund:: :...."~!.l.:~.'!:.!.~ for cable television programming, there may not be a great amount of work for a cable commission at this time. It is possible that the minimal number of programming decisions that need to be made could be made by the Council. Staff recommends that the City Council postpone the establishment of a cable commission until the installation of cable equipment is completed, and staff can evaluate the number of volunteers interested in cablecasting City programs. Further details are available in staff report dated October 4, 1994. 13 10/4/94 l. ORDINANCE NO. 2022 (INTRODUCED) C).5('-VC RESOLUTION NO. 5822 (ADOPTED) 0:;'30--10 2. ORDINANCE NO. 2021 (ADOPTED) ()/<./t> , 1,\- o rF 0 _ " () 3. RESOLUTION NO. 5823 (ADOPTED) 1(1 '1'0 . ~t? 36:0341 It was MOVED by Councilmember Margett, seconded by Mayor Pro tem Chang and CARRIED on roll call vote as follows to DIRECT staff to pursue government access cable television programming utilizing volunteers and TCI/Cablevision without the use of a cable commission at this time. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None CITY ATTORNEY The City Attorney presented for introduction and read by title Ordinance No. 2022: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM" . I The City Attorney presented and read by title Resolution No. 5822: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARCADIA - 2% AT 55 FOR LOCAL MISCELLANEOUS MEMBERS". It was MOVED by Councilmember Kuhn, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Ordinance No. 2022 be and it is hereby INTRODUCED, and that Resolution No. 5822 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented and read by title Ordinance No. 2021: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A DESIGN OVERLY (D) TO THE PROPERTIES LOCATED IN THE AREA BORDERED BY VIRGINIA AVENUE ON THE NORTH, SANTA ANITA AVENUE ON THE WEST, HIGHLAND OAKS ON THE EAST EXTENDING TO THE EAST END OF SYCAMORE AVENUE AND BORDERED BY THE COMMERCIAL PROPERTIES FRONTING ON FOOTHILL BOULEVARD ON THE SOUTH AND INCLUDING SAID AREA INTO THE HIGHLAND OAKS HOMEOWNERS ASSOCIATION AND AMENDING SECTIONS 9272.2.3 AND 9233.5 OF THE ARCADIA MUNICIPAL CODE". It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 2021 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I The City Attorney presented and read by title Resolution No. 5823: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE PROVISIONS O~,TP.~ POLITICAL REFORM ACT OF 1974, TITLE 9 OF THE GOVERNMENT CODE". It was MOVED by Councilmember Kuhn, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Resolution No. 5823 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None 14 10/4/94 ~: ,. ..' L , r,' f" I , &'1 (1 ; ~i it ,1 I ! ' ~' I r ~, f' [,- f' . c L ~ "' :\"- ! , [ , I , II~'I' i ~"" \ .,.' I l. f ., ' I, " , , ,; ~ ,. !" I, ! I. ~ " r1 .. !; L~~ ADJOURNMENT (Oct.ll,l994 5:30 p.m.) ATTEST: 36:0342 ... MATTERS FROM STAFF None At 10:23 p. m. the meeting ADJOURNED to 5:30 p. m., October 11, 19,94 in the Council Chamber for an adjourned regular meeting 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. ,.?!!.~~.*Y/Af2 , 15 10/4/94