HomeMy WebLinkAboutOCTOBER 18,1994
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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
l.
LINN B.
MAGOFFIN
2.
EMPLOYEE
SUGGESTION
PROGRAM
(Chu)
(}J...). 0 - .:;s-
/'IS?
3.
EMPLOYEE
SUGGESTION
PROGRAM
(Hinig)
():l,;1e1 ~ ",,S-'
,.jS P
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGUUR MEETING
OCTOBER 18, 1994
The Arcadia City Council and the Arcadia Redevelopment Agency met
in a regular meeting at 7:00 p. m., Tuesday October 18, 1994 in
the City Hall Council Chamber.
Rev. Ray Petzholt, Mandarin Baptist Church
Finance Director James Dale
PRESENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young
ABSENT: None
PRESENTATIONS
Mayor Young read a proclamation: "WHEREAS Linn B, Magoffin, a
resident of the City of Arcadia; and WHEREAS he is past-president
of the Arcadia Music Club; and former Member of the Board of
Directors of the San Gabriel Valley Council of Boy Scouts of
America; and WHEREAS Linn has forty-seven years of experience in
engineering and management in the water industry; and WHEREAS he
was instrumental in the creation of the Main San Gabriel Basin
Watermaster, and served as its Chairman of the Board from 1979
to August 1994; and WHEREAS Linn's interest and expertise in the
water industry has been of continual benefit to the City of
Arcadia; I, now, Mary B. Young, Mayor of the City of Arcadia, do
hereby PROCLAIM October 18 to be Linn Magoffin Day, and do thank
and commend him for his efforts to ensure water quality in the
San Gabriel Valley."
Mayor Young presented an award to City Employee Ms. Judy Chu.
Pursuant to the Employee Suggestion program and the Street
Marking and Delineation Program, Ms. Chu suggested that the City
inspect the City street striping and schedule re-striping only
when required. As a result of her suggestion, the City saved
$8,342 in fiscal year 1993-94. Pursuant to the Employee
Suggestion Program, Ms, Cl-lu is to receive 15% of the saving
generated as a result of implementing her suggestion. Ms, Chu
previously was awarded a check for $100. Ms. Chu was presented
with the balance of the award in the amount of $1,150,
Mayor Young presented an award to Arcadia Police Captain David
Hinig. Pursuant to the Employee Suggestion program, Captain
Hinig submitted a suggestion to sell surplus City property at the
West Covina city store. This City has delivered over forty signs
to the City Store to be sold on a consigrunent basis. A
preliminary award of $100 is being present~d to Captain Hinig in
recognition of his efforts in attempting to improve City
operations.
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4.
ARCADIA
FESTIVAL
OF BANDS
ORD. & RES.
READ BY
TITLE ONLY
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Mayor Young read a proclamation: "WHEREAS the Arcadia Festival
of Bands, formerly the West Arcadia Band Review and Grand Classic
Field Show, has been in existence for forty years; and WHEREAS
the top forty high school bands from Santa Barbara to San Diego
are invited to attend this prestigious event; and WHEREAS this
is one of the very few band competitions left in Southern
California and is considered to be the finest competition of its
kind; and WHEREAS it is a community event open to all who wish
to enjoy it: I therefore, Mary B. Young, Mayor of the City of
Arcadia do hereby PROCLAIM the month of November 1994 to be the
Arcadia Festival of Bands Month, and do encourage citizens of
Arcadia to support this event within our community." The
proclamation was presented to Music Club representatives, Scott
Sullivan and Peter Poon,
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
1
The City Attorney noted that under the City Attorney portion of
tonight's agenda, Items No.6 and No.7 should be transposed.
QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA
ITEMS
None
MATTERS FROM STAFF
None
It ~as MOVED by Mayor Pro tem Chang, seconded by Councilmember
Kuhn and CARRIED that ordinances and resolutions be read by tide
only and that the reading in full be WAIVED.
The City Attorney outlined procedure for addressing the Council
during the oral communications segment of tonight's meeting,
AUDIENCE PARTICIPATION
Bruce Smith, Arcadia Police Relief Association Negotiator,
stated, in part, that he, together with his fellow officers, have
returned tonight to respond to the comments at the last City
Council meeting. The impasse the Association is experiencing
with the City is not over salary; they are not asking for any
more money toward salary. It was implied that the City had a
contingency plan -- insinuating that the police would go out on
strike and leave the City without police services. This could
not be further from the truth, and they do not feel that it was
fait for the Council to insinuate such a situation to the genetal
public. The Arcadia Police Relief Association has no intention
of walking out on the citizens of the City of Arcadia.
Councilmember Loj eski was quoted in the Los Angeles Times of
October 13, 1994 as saying, "he and other councilmembers were
concerned over liability and don't want the City used as a test
case over the fatigue issue on the work schedule". The 3/12 work
schedule has been around for over thirty years. It has been used
with overwhelming success, not only by law enforcement agencies,
but by hospitals. 60% of the nurses at Methodist Hospital have
been on the 3/12 work schedule, including surgery, critical care,
and emergency room nurses. He does not think that Council's
feats of being a test case are justified when 50% of all law
enforcement agencies in Southern California are successfully
using the 3/12 work schedule. Also Councilmember Lojeski
mentioned the 25.3% pay increase over the last three years. This
issue is not over pay; the police are happy with their current
pay. This is over a work schedule that will more effectively
serVe the citizens of this City and also save the City money,
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Perhaps there is more to Council's resistance than the imagined
fatigue factor, for which Council shows only opinion, but no
facts. Arcadia police t'C: ~'.<r:'S face dangerous situations every
day without hesitation. T~~"c is emotional fatigue that no work
schedule can prevent. The ::'/l~ schedule has shown not to increase
that fatigue and deploys off,~cr5 to better serve the City. This
group of professionals has u:ken an oath to perform their jobs
to the best of their ability, and they serve this community with
pride and honor, The Councilmembers have also taken an oath to
serve the citizens and employees of this City. It appears
Council's actions and decisions are based upon emotions rather
than facts. It is true that the APRA did not endorse any of the
Councilmembers who were candidates in the recent election. If
there is animosity or ill feelings toward the APRA, they ask the
Councilmembers to honor their oath and put those feelings aside,
compromise with the APRA and give the 3/12 schedule a try for one
year. At that time it can be re-evaluated, and we can all see
if fatigue is a factor or not. He requests that a decision be
made based upon professionalism, facts and not on emotions and
ill feelings.
Lvle Wilson, 1701 South Sixth Avenue, stated, in part, that he
had been present at the previous Council meeting at which time
he asked the Councilmembers specifically what information was
utilized in deciding that the fatigue factor would cause
irreparable harm to the police officers in the performance of
their duties. He had also inquired when negotiations would be
reopened, and was told that Council did not have that
information. The police officers are also requesting an
additional two days vacation which would bring them into parity
with the other City employees. He thinks Arcadia is a safe City
thanks to the efforts of the Arcadia police. He also understands
that it will cost $70,000 for the changed schedule, and the
additional vacation time. He thinks it should be well worth that
sum for the benefit of a good employee relationship, He worked
on the election of some of the new members of the
Council because he believed in their conservative fiscal
response, and their goals for the City. He is beginning to
question his evaluation. He would not have believed these people
would have reached such an impasse with the employees of a major
department of the City. He again asked for a response to his
questions. The City Manager replied the Council does not respond
to comments during the oral communications portion of the
meeting.
Randi Marori, 537 Wyland Court, stated, in part, that she has
witnessed many facts and figures placed upon the bargaining table
during the past two weeks. Apparently the City Council is not
hungry for the truth, because she thinks that their decision has
not been based upon facts and figures, but only on uneducated
personal opinions. She has come to this opinion from meetings
attended, articles read and discussions participated in. She
presented a list of attributes she would like to see in the
elected officials who lead a community. The decision the Council
has made regarding the APR,A has not gone over well with the
citizens of Arcadia. She believes this decision has been made
in haste. If the campaigns of fellow politicians are followed,
it will be evident that a major point in each campaign is crime.
Crime is a major problem in Southern California. Elections will
be won and lost based upon the positions these candidates take
on crime in California. Candidates who have taken a weak 'c""~"
on crime are to this day politically plagued by that stance.
The Council is faced with a decision that concerns the safety of
the citizens of Arcadia, and the decision it makes will not go
unnoticed. She thinks Council is faced with a win/win
proposition for the City, the residents and'the police officers,
Brian Ortiz, Arcadia Police Officer, stated,
APRA has presented a plan and given Council
increase police service to the community that
in part, that the
an opportunity to
would put 50% more
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police officers on the City streets at peak hours of service at
no extra cost to its citizens. Councilmembers Lojeski and Kuhn
have expressed fear that police officers will become tired and
unable to do their jobs, or even become a danger to the citizens
that they protect. The City of El Monte has been working this
schedule for the last six years, and at no time has any citizen,
police officer or criminal suspect been injured due to fatigue
on the part of a police officer. There has not been one negative
incident in reference to a police officer being tired in the
performance of his duties in the twelve other cities contacted.
The decision regarding the fatigue factor has been based upon
personal opinions, not on facts. There are no statistics to
prove that a police officer will be incapable of doing his job
after a twelve hour period. The Beverly Hills Police Department
stated that they have been able to solve 22% more crimes with the 1
3/12 schedule. There is a crime problem in Arcadia, and it is
not going to go away, The only way to combat crime is to put
more police officers on the street. The Council says there is
no money for more officers. The APRA is not asking for more
officers nor for more money; they are asking for a work schedule
that will help the Police Department do a better job. The APRA
would like the Council and the citizens of the community to know
that no member of the APRA has any intention of striking. The
Mayor spoke of a contingency plan, insinuating that the Police
Department would strike. Every member of this Association is
dedicated to the protection and preservation of this community.
They all know their moral and duty obligation to keep Arcadia
safe. No member of this community will be put in jeopardy over
this issue. He asked Council if there was a reason not to
approve the 3/12 work schedule in this communi ty when it is
working so well in other communities. The City Manager replied
that Council would not respond at this time.
Ken Kuwahara, Arcadia Police Officer, stated, in part, that every
good city official knows that the effectiveness of a police
department depends upon their response to the changing needs of
the community. A city that has seen a marked rise in violent
crime is a city that demands a response from this City Council.
This is a scheduling and deployment plan that has proved to be
success ful in mains tream law enforcement throughout the San
Gabriel Valley. The APRA is asking that the Council assist, not
obstruct, efforts to implement proven innovative police
scheduling. The Police Departments of Pasadena, El Monte,
Monrovia, as well as dozens of other Southern California cities
have implemented this plan for a good reason -- this plan works,
In order to grow, there must be change. Thus far, the City
Council has shown its resistance to change in refusal to conduct
further negotiations:. The Council's final offer is one of no
change. Each day APRA continue to operate without a contract is
another day that the Council has won its intent to resist change.
The men and women of the Arcadia Police Department spend their
lives serving the residents of Arcadia. The Police Department
is the largest department in the City, and is an important and
integral part of the community. The Association urges Council
to listen to the needs of the community and to support, not
hinder, the effectiveness of the police department. Officer
Kuwahara urged the Council to take the advice of professionals
who have had countless years of training and experience in the
field of police science and criminal justice administration.
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Stella Ross, 881 West Huntington Drive, stated, in part, that she
found the last Council meeting to be frustrating because the
police officers made a good presentation and several other
residents spoke to the matter, but there was no response. This
disturbed her. Something could have been offered. She is sure
there is no need for a contingency plan as described by the
Mayor. She is sympathetic with the City's financial constraints
-- it is interesting that a three million dollar fire station has
just been completed; the police. department got a $60,000 modular
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building. No comments were made by Councilmembers at the last
Council meeting; however newspaper accounts, refer to liability,
new police chief, this is not the time, fatigue, etc. The
3/12 program is a tried and tested program. Monrovia, Pasadena,
Anaheim, El Monte, San Luis Obispo, Signal Hill, Beverly Hills,
and Palos Verdes Estates have all implemented this program and
report r~duced overtime and sick leave, increased morale, and
that fatigue was not an issue, 50% of police facilities in Los
Angeles Courity have this program. This is a cost effective
program. She presented to Council a petition urging
implementation of the 3/12 program for the Arcadia Police
Department.
Steve Wolf, Arcadia Police Officer, stated, in part, that he is
speaking about the disturbing train of thought that is running
through our current City Council. During the last few weeks the
Council has unanimously defeated the most recent proposal, and
has not attempted to speak with the APRA negotiating team since
that time. The Council has, however, managed to speak to various
media sources, which is the focus of his concern. One of the
Councilmembers stated that, "I and other Councilmembers are
really concerned about the liability issue. I don't want an
officer with a high powered weapon in his hand or a high powered
car under his foot in the twelfth hour of his three day shift".
This same Councilmember added that he "did not want Arcadia to
be used as a legal test case challenging the judgement of an
officer who worked the new schedule". Officer Wolf said he is
also very concerned for the officers of the cities of El Monte,
Monrovia, West Covina, Covina, Beverly Hills, Glendora, Azusa,
Baldwin Park, Glendale, Anaheim, Claremont, San Gabriel, Ventura,
San Jose, San Luis Obispo, Pasadena, South Pasadena, Signal
Hill, 1rwindale and Pomona. The Los Angeles Sheriff's Department
with over 8,000 sworn personnel has been testing this 3/12
program at one of their busiest stations -- West Hollywood. The
results of this test were overwhelmingly in favor of the three
day work week. The results were sent to the head office and
approval given to begin this work schedule if 90% of the patrol
personnel were in favor of the plan. 97.7% of the patrol
personnel at the Lennox station in South Central Los Angeles
voted 215 to 5 in favor. A salary increase has not been a part
of this year's negotiating process with the City. The City has
been generous in this regard. The item APRA feels strongly about
is the 3/12 program. He suggested that past animosities between
the City and the Police Department be put behind them, and return
to the business at hand -- safeguarding the City and agreeing on
a fair and equitable contract.
Debbie Hudson, 3845 Singing Wood Drive, stated, in part, that
police officers and their families miss a large part of being
together for family activities and watching their children grow
and develop. Men and women who work in law enforcement rarely
get weekends or holidays to spend with their families. They are
faithfully working to protect the citizens of their cities. The
people in the background of these dedicated workers are the
people who suffer when their loved ones are working on special
occasions, weekends or nights, Officers who work the 3/12
program have the time to devote to their children's activities,
and to be involved in their daily lives. She can relate to the
City's budget problems, she can also relate to Council's fear of
change. This will not cost the City much money, but would take
time and work to implement.
" () Dino Falabrino, 341 Coyle Avenue, stated, in part, that he is
present to tell the Council how the police helped out his
neighborhood. They had a house that was basically abandoned;
there were parties around the clock, noise, drugs, screeching
cars. They had a meeting with Captains Hinig and Sandona, City
Attorney Miller and Lieutenant Murray. They listened and they
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LOJESKI
(Nuisance
Abatement
Problem)
36:0360
helped. They put a patrol out there, and took care of the
neighborhood. He is very grateful and he thinks APRA's requests
should at least be considered. He hopes that the Council will
at least talk to the officers and carry out a meeting. He also
believes in fire protection. He has seen the new fire station
at Huntington and Baldwin. Actually. he thinks it is rather
overblown and cost a lot of money. Even the fire engine being
built for it is expensive. Mr. Falabrino urged Council to meet
with the police officers.
Councilmember Margett thought the officers were making good
points. He that requested the City Attorney explain why Council
can not comment at this time. The City Attorney said that, under
the Brown Act, these matters can not be discussed because they
are not agendized. Also, this is out of the meet and confer
process.
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The City Manager read a prepared statement:
"The Arcadia City Council and Arcadia Police Relief Association
(APRA) have reached an impasse in their discussions regarding
wages, hours and working conditions. The City Council did not
respond to requests by the APRA at the October 4 City Council
meeting for two reasons, (1) The item was not on the agenda and
to have discussion and give direction would have been a violation
of the Brown Act. (2) Labor negotiations are not held in a
public forum. The bargaining table, where both parties are fully
represented and all issues are discussed. The APRA has requested
the implementation of a 3/12 work week -- that is three days per
week at 12 1/2 hours per day with four days off. Other requested
increases to benefits which the City Council is not considering
at this time include five additional holidays, additional
overtime and unrestricted use of the City-paid uniform allowance
for non-required items of equipment and civilian clothing. The
members of the City Council are united in their concern regarding
the long term effects a twelve hour work day would have on police
officers' efficiency, ability to perform, safety of employees,
and protection of the citizenry. They believe a twelve hour work
day over a long period of time may increase an officer's
susceptibility to disabling injury or early retirement due to
fatigue induced stress. An analysis of possible positive and
negative effects of such a program was presented by myself and
the Police Chief, but neither one of us made a recommendation.
Sufficient research has not been conducted on the subject to
ensure that there will be no increased risks of injury to
officers or to the public. The City will be watching this work
schedule in other jurisdictions rather than experiment with the
safety of its citizens and employees. Additionally, with the
pending retirement of the Police Chief. it is deemed more
appropriate to allow the new Police Chief the opportunity to
analyze departmental staffing needs and operations under existing
conditions. The City Council is desirous of reaching an
agreement with the APRA, however, budget difficulties prohibit
any monetary increases, and concern for officers' safety prevents
a 3/12 work week from being a viable alternative. The City's
police officers' pay and benefit plan is one of the best in the
San Gabriel Valley. The City has offered to maintain the
existing pay and benefit plan during this tough economic period.
Such an agreement will benefit all parties."
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)
MATTERS FROM ELECTED OFFICIALS
Councilmember Lojeski stated that he i~ the liaison for the
Arcadia Beautiful Commission and received a letter addressed to
the Commission regarding a home at 1516 Lovell. There is a
refrigerator, a stove, an oven and shopping carts left in the
driveway, and he would like to see this cleaned up. He passed
the letter to the City Manager for Code Enforcement,
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LOJESKI
(Telecast
Information
Re. Counc il /
Sch.Bd.Mtg.)
MARGETT
(Linn
McGoffin)
(Corres.
from Sch.
Bd. re
Opposition
to Prop.
No. 187)
O/~O -.sO
NV'
YOUNG
(Sch.Bd.)
CHANG
(Thurs.
Delivery
of Council
Packages)
(Upcoming
Meeting
Counc il /
School Bd.
Dissatisfac-
tion with
Location
at Sch.Bd.
Chamber)
YOUNG
(Joint
School Bd./
City
Council
Meeting
Site)
"
36:0'6,
Councilmember Lojeski suggested that either before or after t~~
upcoming Council meeting, it might be appropriate to us~ L!L"
cable access public channel to notify residents of the upco.l.i.,g
meeting with the School Board. It is to be an open meeting, ane,
there is interest in the meeting in this community.
Councilmember Margett stated ,that he wanted to underscore the
statements in the earlier proclamation. Mr. Linn Mcgoffin has
been a genuine leader in the water industry in the San Gabriel
Valley. He has been responsible for the remediation of the ground
water basin, the affiliation with the Metropolitan Water
District, the creation of the water basin authority to handle the
plan with EPA. Mr. Mcgoffin has done an outstanding job of
service in the water industry.
Councilmember Margett referred to correspondence from the Arcadia
Unified School District against Proposition No. 187. Proposition
No. 187 has to do with the drain on the State economy with regard
to the whole illegal alien concerns which cost taxpayers
approximately five billion dollars a year. Many illegal aliens
come here to receive more benefits than are allowed in their own
countries. Federal reimbursements are not going to be available
to help with these costs incurred by the state. The taxpayer is
picking up these costs. All the members of the School Board were
in opposition to Proposition No. 187. Councilmember Margett
would have liked the opportunity to debate that issue and other
issues that are pertinent to the taxpayers and citizens in this
community as opposed to the type of meeting that is being
structured.
Mayor Young said that was a good summary. Several members of the
School Board have also approached her on that issue,
Mayor Pro tern Chang said that he had heard his colleague,
Councilmember Margett, say that he did not get the Council
packages in a timely fashion. Mayor Pro tern Chang has had no
problem; the packages are always delivered to his house by
Thursday evening. He suggested that if the Police Department
attempts to deliver the Council packages on Thursday evening, and
no one is at home, that a note be left to the effect that they
tried to make the delivery. Perhaps the councilmember then could
pick up the package Friday morning at the Police Department.
Mayor Pro tern Chang expressed dissatisfaction that the upcoming
meeting with the School Board scheduled for December 8 is to be
held at the School Board Chamber. He objects to that location
because the School Board chamber is too small. Seating for the
public is no more than thirty seats. More important, there is
no audio-visual or cablecasting equipment for the chamber. This
is difficult in terms of a public meeting. A lot of citizens
who otherwise would not be able to come in person to the meeting,
should be able to watch it on TV. This is the second combination
meeting, and he understands that the School Board is hosting the
meeting. It is more important that the meeting should be open
to the public. During the Council study session last week, there
was a long discussion about redevelopment. It would have been
better if it could have been telecast. He recommends that all
Council meetings, whether Council itself or in combination with
the School Board, should be open to the public. To achieve this
purpose, the Council chamber is the best place because of ample
seating and cablecasting capacity. Mayor Pro tern Chang requested
that his colleagues agree and suggest to the School Board that
the meeting should be held here.
Mayor Young replied that the School Board has made it known that
they are not interested in cablecasting their meetings. They
will have the joint meeting at their Board of Education
facilities; however if Mayor Pro tern Chang feels that there will
be a lot of people in attendance, perhaps it can be moved to one
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10/18/94
LOJESKI
(Joint
School Bd.!
City
Council
Meeting
Site)
CITY
ATTORNEY
YOUNG
(Arcadia
Recycling
Program
Kickoff
Oct.29,1994
10:00 a.m.)
1.
PUBLIC
HEARING
TEXT. AMEND.
94-009
(Noticing
Procedures
for Text.
Amen'ts -
1000'
Radius for
S-l Zoned
Prop.)
(APPROVED)
f)S-~() _ fe :;
36:0362
of the school auditoriums. The School Board wants to show off
the new buildings at the high school.
Councilmember Lojeski said the important thing is to open
dialogue between the two bodies. We represent the same people.
It is an open meeting; it will be advertised and the people who
wish to <lttend the meeting, are able to do so. Most of the
community does not subscribe to the cable TV anyway. During the
time he has been on the Counc il, there have been a number of
meetings with the School Board and they have always been held in
the Council chamber. The School Board has never hosted a
meeting. The opportunity to have the dialogue with the School
Board is what is most important.
The City Attorney noted that the matter of the joint
Council/School Board meeting is not agendized and unless there
is a vote of three, will not be in the future.
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Mayor Young announced that on Saturday October 29, 1994 at 10:00
a. m. the City Hall west lawn will be the site of a kickoff
celebration for Arcadia's recycling program. The community is
invited to attend and encouraged to bring clothing, books and
small appliances which will be recycled to families in need by
the Arcadia Welfare and Thrift Shop,
PUBLIC HEARING
Consideration of TA 94-009, revising the noticing procedures for
text amendments to require special noticing procedures of
property owners within a 1000 foot radius when the text amendment
involves a specific piece of property. This proposed text
amendment came about at the direction of the City Council in
response to concern expressed by both the Planning Commission and
the City Council relating to the public hearing regarding special
events that were to be held at the race track. The public
hearing notice was published only in the newspaper as required,
and was not sent to property owners within the area. The City
surveyed eight communities and the result of that survey is noted
in staff report dated October 18, 1994. Most text amendments
relate to specific zones or sections of the municipal code and
do not affect any specific piece of property in general. There
is only one location in the City where a text amendment would
affect a specific piece of property, and that is the Sol special
use zoned property at the race track. This zoning is exclusive
to the race track only, and no other property in the City is
zoned S-l. The Community Development Department is recommending
that the noticing procedures set forth below be added to the Text
Amendment section of the Arcadia Municipal Code. The proposed
wording includes the Planning Commission's recommendation that
all notices be published in the local newspaper.
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SPECIAL NOTICE. "All zoning and text amendments relating to
property in the S-l (Special Use) zone are subject to the
following noticing regulations. Not less than twenty-one (21)
days before the date of such public hearing, public notice shall
be given by mailing, postage prepaid, to the owners of the
property within a radius of one thousand (1,000) feet of the
exterior boundaries of the property involved in the application,
using for this purpose the last known name and address of such
owners as shown upon the assessment rolls of the City or of the
county. Such notice shall state the nature of the request,
property location and the time and place of the hearing. Notice
shall also be given by publication in the official newspaper at
least twenty-one (21) days prior to the hearing."
Mayor Young declared the public hearing OPEN.
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10/18/94
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I
ROLL CALL
1.
MINUTES
APPROVAL
(Oct.4,1994)
(APPROVED)
2.
AMEND.NO.3
TO CENTRAL
REDEVELOPMENT
PLAN & CC TO
ADOPT ORD.2025
(APPROVED)
36:0363
No one desiring to be heard, the public hearing was CLOSED on
MOTION by Councilmember Lojeski, seconded by Councilmember Kuhn
and CARRIED.
It was MOVED by Councilmember Margett, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Text
Amendment' 94-009 be APPROVED, and that staff be DIRECTED to
prepare the appropriate ordinance for future enactment by
Counc il .
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
THE ARCADIA CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young
ABSENT: None
CONSENT ITEMS
APPROVED the minutes of the meeting of October 4, 1994.
APPROVED Amendment No. 3 to the Central Redevelopment Plan to
establish certain time limits as required by AB 1290, and for
the City Council to adopt Ordinance No. 2025: "AN ORDINANCE TO
ESTABLISH TIME LIMITATIONS AS REQUIRED BY AB 1290".
CONSENT ITEMS NOS. 1 AND 2 WERE APPROVED ON MOTION BY AGENCY
MEMBER LOJESKI, SECONDED BY AGENCY MEMBER MARGETT AND CARRIED ON
ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Agency Members Chang, Kuhn, Lojeski, Margett and Young
None
None
3.
COM'L. R.E. Consideration of a one year Extension of the Exclusive Commercial
LISTING - Real Estate Brokerage listing (Hayes & Company).
HAYES & CO. On October 6, 1992, the Agency awarded a six month exclusive real
(SW & NW estate brokerage contract to Hayes and Company of Pasadena for
Corner Sites) the purpose of marketing the Southwest and Northwest Corner
(APPROVED ONE Sites. The Agency has granted one six month extension (on May
YEAR 4, 1993) and a one year extension (on November 2, 1993). Hayes
EXTENSION) and Company has performed pursuant to the contract, i, e., listed
~ 'I ,I the property in the commercial listing directory, canvassed
(J6lfO. - 'If V,6through direct mail and personal solicitation, provided monthly
wQ.~~ting reports, identified potentially interested parties and
maintained personal contact with staff and Agency members. In
response to a questions from Agency Member Chang, staff replied
that the Agency has incurred no out-of-pocket costs during the
marketing period. Upon sale of the property, the Agency
would pay Hayes & Company a commission equal to 5% of the total
purchase price through escrow.
9
'10/18/94
36:0364
EXTENDED the Hayes and Company exclusive commercial real estate
brokerage listing for one year for the Southwest and Northwest
Corner Sites.
4.
DOWNTOWN Consideraeion of the contract for design and engineering services
2000 STREET- (Professional Services) for the Downtown 2000 Streetscape Project
SCAPE PROJ. with Larry Moss and Associates (U1A), and to terminate the
DESIGN & Agency's contract with Freedman, Tung and Bottomley (FTB). The
CONTRACT Agency and Council at their October 11, 1994 meeting approved the
(Larry Moss proposed Downtown 2000 streetscape plan, as proposed by Larry
& Associates) Moss and Associates with certain design revisions, and directed
TERMINATE CON- staff to proceed with construction, if at all possible, by Spring
TRACT or early Summer, 1995. In order to meet the desired construction
(Freedman, start date, staff met on Thursday, October 13, 1994 with U1A and
Tung & requested a proposal.' Due to the short time between the October
Bottomley) 13th meeting and agenda preparation, the formal proposal had to
(APPROVED) be revised. U1A's initial estimate of design/engineering costs
061fo_o~ was approximately $286,000, plus 10% contingency. However, since
the Council/Agency requested a redesign of the streetscape on
First Avenue and changes to the Cobra-head lights on Huntington
and First, the design cost increased to the not-to-exceed number
of $350,000 on a time and material basis. Considerable
discussion ensued among the Agency Members and the Executive
Director.
I
AUTHORIZED the City Manager/Executive Director to execute a
contract for the preparation of plans and specifications on the
Downtown 2000 Streetscape project with Larry Moss and Associates
in an Not-To-Exceed amount of $350,000, on a time and material
basis, subj ect to approval as to form by the
City/Agency/Attorney; and that the existing contract with
Freedman, Tung and Bottomley be TERMINATED.
"
CONSENT ITEMS NOS. 3 AND 4 WERE APPROVED ON MOTION BY AGENCY
MEMBER LOJESKI, SECONDED BY AGENCY MEMBER MARGETT AND CARRIED ON
ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
ABSTAIN:
Agency Members Chang, Lojeski, Margett and Young
None
None
Agency Member Kuhn
ADJOUR.c'iliENT
The meeting adjourned to November 1, 1994 at 6:00 p.m,
CITY COUNCIL RECONVENED
CONSENT ITEMS
1.
MINUTES
APPROVAL
(Oct.4.1994)
(APPROVED)
APPROVED the minutes of the October 4, 1994 regular meeting.
I
2.
FINAL MM'
51782
(9-Unit
Condominium
1024
Arcadia Av.)
f).nJO- tlO
APPROVED Final Map 51782 for a 9-unit condominium project at 1024
Arcadia Avenue, provided that before recordation, any and all
conditions of approval that are outlined in staff report dated
October 18, 1994 shall be complied with to the satisfaction of
the Director of Public Works.
10
10/18/94
1
/1
36:0365
3. O?~O- 1I-C\
ADVEBTISE FOR AUTHORIZED the City Clerk to advertise for bids for the
BIDS (R€plac' t replacement of the motor control center at the Orange Grove Plant
Xotcc Cont.rol Work Order No. 551.
Cent~r - Urange
Grov~ Plallt -
W.0.Xc>.551)
4. t71.;)O-'!O
WORK ACCEPTED ACCEPTED the 1993-94 reconstruction of deficient concrete
(Recoas'n sidewalk and installation of root barrier, Bopark Enterprises,
Defi~~ent Inc. - Job No. 544, and AUTHORIZED final payment to be made in
Concrete accordance with the contrac t documents. Ten percent (10%)
Si"le'.alk & retention payment becomes due and payable 35 days after the
TJ'-, .dllation acceptance of the project by the City Council, and will only be
of Koot released by the Director of Public Works upon Completion of all
B4Irier - corrections of record.
Job No.
544)
5. tJd..~O-10
WORKERS'
COMPo
SETTLEMENT
(Velasquez)
6. ,('.if', D. ;. (l
ARCADIA MUSIC
CLUB 41st
FESTIVAL OF
BANDS &
FIELD COMPETI-
TION
7.
ADVERTISER FOR
BIDS
EQUIP. PURCR &
INSTALLATION
(Modular Bldg.
- Eng.Div. -
Job No.594A)
/)730-10
A GO rl',
8. lJ6i1 - ,. f7-
DOWNTOWN
2000 STREET-
SCAPE PROJ.
DESIGN &
ENG.SERV.
CONTRACT
(Larry Moss
& Associates)
(APPROVED)
RATIFIED Workers' Compensation settlement for Yolanda Velasquez
in the amount of $18,537.00.
APPROVED request from the Arcadia Music Club for the 41st
Festival of Bands and Field Competition to be hosted on Saturday,
November 19, 1994.
THE ABOVE CONSENT ITEMS NOS. 1 THROUGH 6 WERE APPROVED ON MOTION
BY COUNCILMEMBER MARGETT, SECONDED BY MAYOR PRO TEM CHANG AND
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
Consideration of report and recommendation to advertise for bids
to purchase and install a Modular Building for the Engineering
Division. Job No. 594A. Councilmember Margett suggested that
consideration be given to leasing store front space in the
downtown area to help revitalize that area. The City Manager
replied that the recommendation is under consideration because
there is insufficient space within the present building for the
Engineering Design staff. He is not sure that separating the
Engineering staff would help with regard to moving some City
departments to the downtown area. This action is only to allow
staff to go out to bid, and the alternative of the utilization
of some downtown space will be looked at to determine if it is
feasible,
It was MOVED by Councilmember Margett, seconded by Mayor Pro tern
Chang and CARRIED on roll call vote as follows to AUTHORIZE the
City Clerk to advertise for bids to purchase and install a
modular building for the Engineering Division - Job No. 594A.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
~
It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tern
Chang and CARRIED on roll call vote as follows to AUTHORIZE the
City Manager to execute a contract for design and engineering
services for the Downtown 2000 Streetscape project with Larry
Moss and Associates in an amount Not-To-Exceed $350,000 on a time
11
10/18/94
TERMINATE
CONTRACT
(Freedman,
Tung &
Bo t tomley)
l.
PUBLIC
REPORT
REGARDING
CITY
LIABILITY
10 '-/0 -,;) ~
2.
RESOLUTION
NO. 5824
(ADOPTED)
0/:<0-190
01,;10 . ~()
3.
RESOLUTION
NO. 5825
(ADOPTED)
D/~o-'S-o
4.
RESOLUTlo;;
NO. 5826
(ADOPTED)
0/,'). J .'J II
5.
RESOLUTION
NO. 5827
(ADOPTED)
<,{" >1 '-0
..,/ <" ~ -'::;'1
36:0366
and material basis, subject to approval as to form by the City
Attorney; and to TERMINATE the existing contract with Freedman,
Tung and Bottomley.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Lojeski, Margett and Young
None
None
Councilmember Kuhn
CITY ATTORNEY
The City Attorney presented an extensive report for public
disclosure to inform the public with regard to Arcadia's exposure
to liability suits, the funding for this exposure in terms of the
City's self insured program, the City's liability expenses over
the fifteen year period that the City has been self-insured, and
Arcadia's program and philosophy concerning liability defense,
loss prevention and control. During the fifteen year period
Arcadia has been self-insured, the City has paid the total sum
of $2,730,000 towards actual losses attribut:able to personal
injury, property damages, and expenses. Expenses include cost
of defense such as attorney fees, expert witnesses, and
investigators. This total sum translates into an average yearly
expenditure of $182,000. This includes total payout: for losses,
settlements, and cost of defense. Subtracting the cost of
defense, the average amount paid out each year for personal
injury and property damage is approximately $84,000 per year.
For a full service City of 50,000 population, this is an
outstanding record, particularly in this era of million dollar
verdicts against so-called target defendants.
I
Arcadia's excellent liability experience and related substantial
savings to the taxpayer are a based on a number of a factors
which help contribute to this success. 1) An active preventive
law policy which seeks to address potential problems before they
occur or escalate. 2) Close monitoring of claims and litigation
with good communication to the City by our self-insured
administrators. 3) Well trained and knowledgeable personnel.
This is extremely important in the area of police action and
conduct. 4) Development of safety and risk management programs
and techniques. Maintenance of public property. 5) A business
type City Council philosophy and approach.
The City Attorney presented and read by title Resolution No.
5824: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTIONS 5 AND 7 OF RESOLUTION NO. 3374 BY
CHANGING THE TIME AND PlACE OF THE REGULAR MEETINGS OF THE
RECREATION AND PARKS COMMISSION AND LIBRARY BOARD OF TRUSTEES.
The City Attorney presented and read by title Resolution No.
5825: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTION lO-A OF RESOLUTION NO. 4336 BY
CHANGING THE TIME OF THE REGULAR MEETINGS OF THE ARCADIA SISTER
CITY COMMISSION.
I
The Cii..y ru..i...u.a.ucJ r'L.t::~ente(i culd read by title Resoll.4tion No.
5826: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE SENIOR CITIZENS' COMMISSION BY-lAWS
ADOPTED BY RESOLUTION NO. 4730 BY CHANGING THE PlACE OF THE
REGULAR MEETINGS OF THE ARCADIA SENIOR CITIZENS' COMMISSION".
The City Attorney presented and read by title Resolution No.
5827: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
12
10/18/94
I
I
6.
RESOLUT:Cil
NO. 5829
(ADOPTED)
()(,Xo .V'O
7.
RESOLUTION
NO. 5828
(ADOPTED)
Of)"~O- go
8. I()<'/O.;f~)
ORDINANCE
NO. 2024
(INTRODUCED)
36:0367
CALIFORNIA, AMENDING RESOLUTION NO. 4190 CHANGING THE TIME OF THE
REGULAR MEETINGS OF THE PlANNING COMMISSION".
The City Attorney presented and read by title Resolution No.
5829: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTION 6 OF RESOLUTION NO. 3551 CHANGING
THE TIME OF THE REGULAR MEETINGS OF THE HUMAN RESOURCES
COMMISSION" .
It was MOVED by Councilmember Margett, seconded by Mayor Pro
Chang and CARRIED on roll call vote as follows that Resolutions
No. 5824, No. 5825, No. 5826, No. 5827, and No. 5829 be and they
are hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
The City Attorney presented and read by title Resolution No.
5828: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DECLARING A PUBLIC NUISANCE AND ORDERING THE
REHABILITATION AND/OR DEMOLITION OF REAL PROPERTY LOCATED AT 533
VALl DO ROAD, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR
OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT
CITY EXPENSE IS REQUIRED".
Staff reported that Mrs. Mary Card has retained a new Attorney,
Nina Chomsky of Pasadena, who has recently been in close contact
with the City. Staff now feels that finally some progress may
be made in that a roofing contractor has been contacted, and a
tarp placed on the roof to protect it temporarily from inclement
weather. In addition, contact has been made with NuWay Disposal
Company to obtain trash bins. Ms. Chomsky is going to take
charge to start cleaning out the propert:y, and stated that she
will keep staff apprised of progress. The City Attorney noted
that Ms. Chomsky had informed him that she had reviewed
Resolution No. 5828 with Mrs. Card to ensure that the terms of
the decision and the need for her to enter into a commitment to
do certain things within a certain time frame are understood.
Also, a paralegal has been retained who specializes in dealing
with trustees and working wit:h people who need assist:ance in
management of their est:at:es and making decisions.
Mayor Pro t:em Chang suggested t:hat: wit:h regard to Section C, page
8, regarding possible demolition of property at t:he owner's
expense, the phrase; "through appropriate legal process such as
court order" should be insert:ed. Mayor Young and t:he City
At:torney agreed.
In response to a question from Councilmember Margett, staff
responded that: the represent:at:ive from t:he neighborhood has
received a draft of Resolution No. 5828, and he will be advised
tomorrow morning of Council's action.
It: was MOVED by Councilmember Lojeski, seconded by Mayor Pro t:em
Chang and CARRIED on roll call vote as follows that Resolut:ion
No. 5828 be and it is hereby ADOPTED, wit:h t:he appropriate
addition requested by Mayor reu L'''" Chang.
AYES:
NOES:
ABSENT:
Councilmembers Chang. Kuhn, Lojeski, Margett and Young
None
None
The City Attorney presented for int:roduction and read by t:itle
Ordinance No. 2024: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, Alj:ENDING THE ARCADIA MUNICIPAL CODE
13
10/18/94
36:0368
BY ADDING A NEW CHAPTER 8 TO ARTICLE I, PART 2 RElATING TO ClAIMS
AND ACTIONS BY OTHER PUBLIC ENTITIES".
It: was MOVED by Mayor Pro tem Chang, seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows that Ordinance No.
2024 be and it is hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn. Lojeski, Margett and Young
None
None
9. Cfol.(()..;jO
ORDINANCE The City At:t:orney presented for introduction and read by title
NO. 2025 Ordinance No. 2025: "AN ORDINANCE OF THE CITY COUNCIL OF THE
(INTRODUCED) CITY OF ARCADIA, CALIFORNIA, ADOPTING AMENDMENT NO. 3 TO THE
CENTRAL REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITATIONS AS
REQUIRED BY AB 1290".
It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that Ordinance No.
2025 be and it is hereby INTRODUCED.
I
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, Margett and Young
None
None
MOTION RE.
CLOSED
SESSION
It was MOVED by Councilmember Margett, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that the need to
take action arose after the agenda was prepared, and this relates
to giving instructions to the negotiators pursuant to the Brown
Act with regard to labor relat:ions and negotiations with the
Police.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Margett and Young
Councilmember Lojeski
None
OliO - '10
CITY
ATTORNEY
CLOSED
SESSION
The City Attorney announced that pursuant to Government Code
Section 54957.6 City Council will enter a CLOSED SESSION to
confer with the negotiator, the City Manager and Gary Rogers with
regard to labor relations with the Police.
ADJOURNMENT
(Nov. 1,1994 -
6:00 p.m.)
At 9:08 p.m. the City Council ADJOURNED to a CLOSED SESSION,
RECONVENED and ADJOURNED at 9:35 p. m. to Tuesday, November 1,
1994 at 6:00 p.m. in the Council Chambers for a 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.
ATTEST:
~fP<7f
ary B. Y ng. May, )
I
J
J
Alford,
14
10/18/94