HomeMy WebLinkAboutOCTOBER 4,1994
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CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
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.
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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
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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
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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.
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KUHN
(Eagle
Scout)
LOJESKI
(Downtown
Business)
(Restriping
EI Monte Av.
- J. Helms)
{) q ::)0 --1.0
N.J ('
(Chief
Johnson
Retirement)
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...
"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
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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)
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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.
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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.
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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.
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MARGETT
(HOA - ARB
So. Arcadia)
OS- ,10 - .'7J
AlSf'
CHANG
(Chief Johnson
Retirement)
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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.
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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
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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
~:
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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