HomeMy WebLinkAboutNOVEMBER 1,1994
I
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1 :. : ~-l~: : ~.
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE 0" TYE lilY
CLERK
ROLL CALL
WORKERS
COMPENSATION
STUDY
SESSION
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
November 1, 1994
The City Council and the Arcadia Redevelopment Agency mec in a
Regula~ Meeting on Tuesday, November 1, 1994, at 6:00 p.~. in the
Conference Room of the City Hall Council Chamber.
PRESENt:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski, and Young
Councilmember Margett
It was MOVED by Councilmember Lojeski, seconded by Mayoe Pro cem
Chang, and CARRIED to EXCUSE the absence of Councilmember Margecc.
The Human Resources Manag~r presented an overview of Horkers
compensation issues and how they affect the City of ArcaJia.
He provided a summary of the City's workers cOffipensacion
claims by year, from fiscal years 1987-88 through 1994-95 (up to
Octobe~ 31, 1994). Workers compensation is one of the most
significant costs of the City, and efforts are beL..:. Clade co
reduce these costs. The City's administrator fue workers
compensation claims, Colen and Lee, receives the ...laims and
administers workers compensation benefits in accordance with State
law.
Ms. Sherwin Runnion of Colen and Lee was present to give
background information to Council. The City had been insured with
State Compensation Insurance Fund until 1976, when the City became
self insured. State law requires that a self-insurance program be
administered by persons who pass a competency test given by the
State. In 1984 the City chose to have Colen and Lee administer
their workers compensation claims. Ms. Runnion gave an overview
of Colen and Lee's operation and the services they provide.
Barbara McIntyre, claims administrator with Colen and Lee,
explained how she handles claims on a daily basis.
John Tharp, attorney with Tharp and Adcock, provides legal
representation for the City as needed on workers compensation
cases. He gave an explanation of the management of claims which
are litigated. The majority of workers compensation cases do not
go to trial but are settled. Mr. Tharp advises the City as to the
best approach to take: settle the case for a.certain amount; what
the chances are if the case goes to trial; what the chances are if
we enter into certain stipulatons. There is a 90-day period from
the time an employee completes a claim form in which the City must
make a decision to either accept the claim and provide benefits or
to deny the claim.
The Finance Director stated, in part, that workers compensation
costs I including claims, claims C1Uw.Lll.1.Sl.Lation, and coverage,
amount to approximately $750,000 per year. Premiums are about
$30,000 a year. Since July of 1977 the City has spent
approximately $4,000,000 on workers compensation, with another
$1,500,000 in future liability. Referring to the claims summary,
the Finance Director noted that incurred costs are shown, but that
does not include the salaries that are paid while employees are
off work. Considering the days lost, annual costs could amount to.
as much as $1,500,000, which is six percent of the General Fund.
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11/1/94
36:0370
The City retained Armtech, a consultant, to
compensation cases for possible improvement.
findings, relative to workers compensation, were:
review workers
Some of their
(1) "The coverage, cost and self-insured retention level- of the
City's excess workers compensation coverage obtained through ICRMA
is appropriate." The Finance Director explained that the City is
self-insured for up to $300,000.; the City pays each claim up to a
limit of $300,000 and the insurance picks up anything over that
amount.
(2) "The City should obtain an actuarial estimate of the
outstanding liabilities on its self-insured workers compensation
program." The Finance Director stated that an actuarial study is
currently scheduled by ICRMA during the current fiscal year.
(3) "The City should consider . making some refinements to its I
workers compensation cost allocation program." The Finance
Director explained that certain workers compensation costs are
allocated to each department. If a small department which has no
claims should suddenly have a large claim, the budget becomes
unbalanced. The City is currently developing a cost allocation
plan which will solve the problem.
(4) "The City's efforts to prevent workers compensation losses
are above average for a city with no risk manager. II
(5) "The City's cost of self-insured workers compensation losses
is above average over the last three years in comparison to five
other full service Southern California cities in our database."
The Finance Director stated that staff will be considering hiring
a risk manager, even if on a part- time basis, who can devote
attention to controlling costs. An added advantage is that if the
City has a risk manager there is a reduction in premium paid by
the City when insurance is purchased.
(6) "Colen & Lee is providing sound claim administration services
for a reasonably competitive price."
(7) "The City should plan for a detailed audit of Colen & Lee's
workers compensation claim handling services." The Finance-
Director stated that ICRMA is scheduled to complete an audit of
the claim handling process in the current fiscal year, and the
City should be able to use their findings to improve the workers
compensation program.
In answer to a question by Mayor Pro tem Chang, the Finance
Director stated that raising the workers compensation self-insured
retention level from $300,000 to $500,000 would amount to a very
minimal savings, as very few claims exceed $300,000 and the
premium is only $30,000 a year. Mayor Pro tem Chang questioned
why the City's cost of self-insured workers compensation losses is
above average over the last three years in comparison to five
other full service Southern California -cities, as reported by
Armtech in Finding No.5. The Finance Director explained that in I
the study period used, some years included significant cases which
raised the costs incurred. If only the years 1987-88 through
1990-91 had been studied, it would have been found that the City
was below average in costs incurred. Mr. Tharp clarified that a
new system came into effect during 1991-92, and there was an
increase in the filing of applications at that time in an effort
to get . them through under the old system. He noted that, on a
per-case basis, costs have been going down for the last three
years.
The Human Resources Manager commented that hiring a risk manager
or risk management consultant would allow the City to focus more
attention on accident prevention, help bring costs down, and
coordinate claims in a more efficient manner. Whenever there is
an injury in the City, the risk manager would be contacted and
would investigate immediately, something the City does not
currently have the resources to do. A risk manager would also
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11/1/94
I
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INVOCATION
PLEDGE OF
ALLEGIANCE
l.
MARGARET
GUILD
2.
ARCADIA
TOURNAMENT
OF ROSES
COURT
ORD. & RES.
READ BY
TITLE ONLY
.'. .
36:0371
help coordinate activities with outside counsel and with the
third-party administrator in terms of day-to-day activities, more
closely monitoring claims, contacting employees and providing
information, and training staff in how to process claims.
Mayor Pro tern Chang is in favor of the concept of hiring a risk
manager, and suggested that this person also be able to handle
personal H.abili ty matters. The Human Resources Manager commented
that since employing a risk manager effects a reduction in
insurance premiums to the City, some of the salary costs for this
person would be offset by this reduction. In answer to a question
by the City Attorney, Ms. McIntyre commented that when a third
party causes injury to an employee, the City is usually able to
recover from the third party's insurance.
At 6:50 p.m. the Mayor announced a RECESS to 7 p.m., at which time
the meeting RECONVENED in the Council Chamber.
Rev. Ron Fraker, Victory Chapel, Church of the Foursquare Gospel.
Mayor Pro tem Chang.
PRESENTATIONS
Mayor Young presented a Mayor's Certificate of Service to Margaret
Guild: "Margaret Guild is a crossing guard for the City of
Arcadia. On September 15 a traffic collision occurred in
Margaret's area which resulted in an out-of -control vehicle.
Margaret anticipated the direction of the vehicle and pulled to
safety a 10-year-old student from Holly Avenue School. If
Margaret had not acted so quickly, she and the child would have
been seriously injured or killed. It is our pleasure tonight,
Margaret, to recognize you with a Mayor's Certificate of Service
and to thank you for your heroic action."
Mayor Young presented a Mayor's Certificate to the members of the
1993-94 Arcadia Tournament of Roses ,Court. Four of the five
members were present: Queen Alice Hannigan, Princess Leanne
Meade. Princess Michelle Garrett, and Princess Danelle Dieter.
Princess Michelle Anderson was away at school and could not attend
tonight's meeting. Mayor Young presented each with a Certificate
and thanked them for committing their time and energy to community
service. Dr. Porter, President of the Tournament of Roses, was
also present.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None
QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS
None
MATTERS FROM STAFF
None'
It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Kuhn
and CARRIED that ordinances and resolutions.be read by title only
and that the reading in full be WAIVED.
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11/1/94
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AUDIENCE PARTICIPATION
Ken Marston, Arcadia Firefighters Association stated, in part,
that I as Counc il is aware, the firefighters are workfrrg; '(.Vi t~',out a
contract. They have met and conferred with the Ci~y andcaw,affer
presented to Council was refused with no counter o:f~r at
discussion as to future proceedings. There has b.een 1'"\') rr:eeting
for over 30 days. It has been stated that the fi"efighters '1C,,'e
an agr~ement that is tied to the police officers; :L~\':~ver, Mr.
Marston knows of no such agreement and would like cla~ifjcat~oil of
that assertion. He also hopes Council will soon r..:DO',lU ':0 the
questions he is asking tonight: where does the fir€:fi.'.t,-,,,rs
AssoCiation currently stand with Council; does the ComlC.:il Fi ~<:; to
meet again with them; whether or not Council will make an off..r;
and whether or not the negotiations are stalled at chis poipl:.
Lvnn Clemmons, 1509 Sixth Avenue, stated, in part, tt,~t she vie"'ed I
the last Council meeting and was appalled at Council's behavior
toward some of the issues that were brought up, mainly the
contract for the Police Department. She was not aware that the
police are working without a contract. They have done an
incredible job keeping crime down. She believes it is not
unreasonable for the police to ask for a 12-hour work day, three
days per week. Police provide the most important job in the Ciey,
and she hopes that this matter will be addressed soon.
Garland Roberson, Sullivan's Paint, 134 East Huntington Drive,
stated, in part, he has had experience with a 4/10 ,,"ork schedule
in a management position at a nuclear power plant. It was found
that employee productivity was higher and there was less time lost
due to sick leave and other time off. Also, mora le was a lot
higher.
Mrs. Kozak, 319 San Luis Rey Road, stated, in part, ")-,e wished to
voice her disapproval of Council's position regarding their denial
to respect the needs of the Arcadia Police Department. When the
Council receives information on an issue, they form opinions
affecting the public before the public has a chance to evaluate
the issues. Council's job is to represent the community by making
intelligent decisions, and she feels that right now they are not
doing so. Studies have endorsed the 3/12 work schedule, and a
number of surrounding police agencies have adopted the sctedule.
When a request was made by the Police Department for Council's
authorization to adopt the program, it had already been reviewed
and approved by Chief Johnson. It was determined that both the
Police Department and community needs would benefit from such a
proposal. However, Council denied it without reason. Since that
time citizens have presented Council with petitions and have
voiced their disapproval of Council's findings, to no avail. It
is Mrs. Kozak's opinion that Council does not effectively
represent the community at this time. Council's opposition to the
Police Department's request is an abuse of position, and Council
has no expertise in the management of police-related issues.
Steve Wolf, Arcadia Police Officer, stated, in part, that with I
regard to the issue of the 3/12 work schedule, he wished to
address the question of "what's in it" for the average citizen of
the City. He presented an analogy of how a hypothetical import-
export employer might gain man-hours, put more warehouse employees
on the shipping floor, and use the employees for peak hours
without any added cost. The 3/12 plan benefits citizens, does not
cost monoy, ond Police Depa~tment employees are happy, even though
no pay raise is involved.
The City Manager commented that it was necessary to clarify some
matters spoken to during audience participation. Mrs. Kozak
indicated that the Police Chief had approved the 3/12 plan. That,
in fact, is not true. The Chief and the City Manager reviewed the
plan, and they neither endorsed nor recommended the plan,
indicating it was an alternative available for Council
consideration. Council's position on the matter has not changed
from that stated in its last press release.
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11/1/94
I
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CHANG
(Commenda-
~ion to the
Shaws)
CHANG
(Kiwanis
Cl'lb fund-
raiser)
CP.';';';G
(p,,,,"ndoned
shopping
carts)
CHANG
(League of
California
Cities
Conference)
CHANG
(Assistance
League
programs)
KUHN
(League of
California
Cities
Conference)
KUHN
(Rancho
Santa Anita
Prop. Owners
brunch)
36:0373
MATTERS FROM ELECTED OFFICIALS
Mayor Pro tem Chang related his recent attendance at the Duarte
Performing Arts Center for an afternoon of music and comedy hosted
by Warren and Mildred Shaw. This is the third time the Shaws have
hosted such entertainment for the community, particularly for
senior citizens, using their own money. I t is a wonderful
endeavor on their part. Mayor Pro tem Chang brought a Certificate
of Commendation to present to Mildred. Warren was not feeling
well, and it is hoped he feels1better soon.
Mayor Pro tem Chang attended a Kiwanis Club fund-raising function
two weeks ago and enjoyed it very much. Several thousand dollars
was raised for charity, The Kiwanis Club is to be complimented for
their fine efforts.
Mayor Pro tem Chang referred to a letter from a resident who was
concerned about shopping carts which are removed from stores and
left abandoned elsewhere in the City. The resident compared the
unsightly situation it produces to that caused by graffiti.
Other residents have complained about the problem, and Mayor Pro
tem Chang suggested the issue be placed on a Council agenda for
discussion toward resolving the problem. Mayor Young commented
that there are rules that the shopping carts are not to be removed
from markets, but some people do not obey the rules.
The City manager stated that staff has spoken with the resident
who wrote the letter and also contacted the market involved.
Staff is working with the City Attorney to see if a solution to
the problem can be found, one which will be enforceable. Adopting
ordinances is not always the answer; there must be cooperation
from the stores and the residents. Mayor Young remarked that
notices regarding this matter have been placed in the City
Newsletter, and could be submitted to the Chinese Newsletter if
desired.
0'
Mayor Pro tem Chang questioned whether markets could be asked to
put an employee in the parking lot to make sure the carts are not
removed from the premises. The City Attorney stated that is one
of the issues to be examined. Staff is reviewing ordinances from
other cities, and will present a report of their findings to
Council.
Mayor Pro tem Chang reported that he and three other Councilmembers
attended the 96th Annual Conference of the League of California
Cities on October 23 through 25. He found it to be a valuable
learning experience.
Before this evening's Council meeting, Mayor Pro tem Chang had a
tour of the Assistance League. He learned that, in addition to
their other charitable work, the Assistance League has a program
called "Operation School Bells," which provides clothing for low-
income children. Also, there is a store called the Bargain Box
located at 64 East Live Oak Avenue which will accept donations of
clothing and other items from the public for charitable use.
Mayor Pro tem Chang commented that the Assistance League is a
great asset to the community.
Councilmember Kuhn also attended the League of California Cities
Conference, and commented that attending these sessions is helpful
in focusing on the total picture of the City- - the economy, budgets,
strategic planning, etcetera. The most exciting thing about the
Conference was the Constitution Revision Commission Workshop;
revision of the State Constitution only happens once every 75
years.
Councilmember Kuhn expressed thanks to the Rancho Santa Anita
Property Owners Association for the brunch on Sunday, and for the
opportunity to hear their concerns first hand.
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11/1/94
KUHN
(Northwest
corner
property)
LOJESKI
(Comments
by Council-
members)
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36:0374
\
Councilmember Kuhn report<;d that a few weeks ago she received
several inquiries regarding the City-owned property at the
northwest corner of Huntington Drive and Second Avenue. It was
apparently being used as a dumping site for garbage. It has since
been cleaned up. The site has been leased to a construction
company, which is responsible for cleanup. The site will be
monitored for any future problems.
Councilmember Lojeski stated that it is his understanding that the
time devoted to matters from elected officials is to be used for
the purpose of discussing matters such as future agenda direction,
and not for reporting where Councilmembers have been and what they
have done.
YOUNG Mayor Young commented that she also attended the League of
(League of California Cities Conference, and agrees that it was a very
California enlightening and educational experience.
Ci ties Conf.)
1.
PUBLIC
HEARING
(Building
Code and
Fire Code
Appeals Bd.)
(CONTINUED
TO 11-15-94)
2.
PUBLIC
HEARING
(Entertain-
ment Permit
game &
amusement
machines)
( CONTINUED
TO 11-15-94)
PUBLIC HEARINGS
I
Consideration of establishing procedures for a Building Code and
Fire Code Appeals Board, and designating the Community Development
Director or designee as Building Official. Staff is in need of
additional time to prepare the appropriate text language for
Council consideration. It is requested that the public hearing be
opened to allow anyone interested to speak, but that this matter
be continued to the November 15, 1994, Council meeting.
Mayor Young declared the public hearing OPEN.
No one desiring to be heard, the public hearing was
November 15 on motion by Councilmember Lojeski,
Councilmember Kuhn and CARRIED.
CONTINUED to
seconded by
Councilmember Lojeski suggested that it might be stated in the
report to be presented at the next Council meeting that this issue
concerns establishment of a new type of board.
Consideration of an appeal of the 8usiness Permit and License
Review Board's approval of an entertainment permit for game and
amusement machines at the Pacific Sports Card Company, 142 East
Duarte Road. On September 29, 1994, the Board approved an
application filed by Mr. Adesorn Hemaratanatorn, Looi Corporation,
for an entertainment permi t for installation and operation of seven
game and amusement machines at the Pacific Sports Card Company.
On October 4, 1994, the 80ard's approval was appealed by
Councilmember Margett, who was not able to attend the meeting this
date.
Council had several options for consideration. One, open the
public hearing and continue it to the next meeting when I
Councilmember Margett is in attendance. Two, open the hearing,
take testimony, and continue the hearing to the next meeting.
Three, open the hearing, take testimony, and make a decision. It
was MOVED by Mayor Young that, since this appeal was made by
Councilmember Margett and he is not present, this matter be
referred to the next Council meeting on November 15 so that the
public hearing may be heard by Councilmember Margett. The City
Attorney suggested that before Council makes a decision to
continue the hearing, the public hearing be opened to determine if
the applicant, or others who are in attendance, wish to be heard
tonight on the issue of a continuance.
Mayor Young declared the public hearing OPEN.
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11/1/94
36:0375
',.', ,Opposttion to Continuance (In Favor of Permit)
'" John La Mountain, 1399 North Harding, Pasadena, stated in part
"!:,,at ,he is representing Victor Lee and Lou Hemaratanatorn (the
~pplicant), He has checked into the petition agaiost the
applicant's request and believes that many people who signed did
so for various personal reasons, a situation of "sour grapes,!1 or
"signed wiFhout really knowing what is going on. The person who
initiated the petition has a business with arcade games and does
not want competition. Since the permit was granted and the only
person to appeal it is not here this evening, he feels they should
be able to install the game machines, and not waste any more time
, on' this matter.
In Opposition to Game and Amusement Machine Permit
I
Michael Hur, owner of the Teriyaki House, 150 East Duarte Road,
stated in part that he is one of merchants at the shopping center
who signed the petition opposing the granting of an entertainment
permit for game machines at the Pacific Sports Card Company. He
did so for many reasons, primarily the safety of children who ride
bicycles, skateboards, and roller skates along the sidewalks. The
parking lot is small and there are many cars, creating the
possibility of accidents. Many senior citizens shop at the stores
in the center, and there is the chance that they may incur
accidents with the children on bicycles. An important question to
keep in mind is, do we want so many game machines in the same
location, attracting a large number of young people, especially
after school. He does not feel that parents will appreciate it.
This shopping center already has two video arcades I and game
machines in other stores.
Mayor Young clarified that the matter to be spoken to tonight is
whether or not the hearing should be continued until the next
Council meeting. Mr. H~r stated he would like to see the hearing
continued if Council so decides, but that since he is present
tonight he would like to continue speaking.
The City Attorney stated that since the applicant's representative
has spoken, Council may now take up the issue of the continuance,
The other parties who wish to speak may do so at that time. If it
is decided not to continue the hearing, they will be heard tonight
on the basic issues.
I
Mayor Pro tem Chang expressed his opinion that Councilmember
Margett should have asked for the public hearing to be postponed
when he realized he could not be present tonight. However, since
the public hearing has been scheduled for tonight and there are
those present who wish to speak to the matter, it would be a
disservice to them to schedule a continuance without asking their
opinion of doing so. It is understood that the applicant may not
want the matter continued, but Council may decide to do so. The
City Attorney reiterated that Council has heard from the applicant
and that is sufficient; Council may now discuss among themselves
the issue of continuance. Further, the City Attorney stated that,
"there's a matter of record, the only reason this is heard tonight
is because Mr. Margett exercised his prerogative to have it
reviewed by the Council.. . there was no official appeal filed by
any other party."
Councilmember Kuhn stated that, although it was unfortunate that
there are people who came to the meeting tonight for the public
hearing and Councilmember Margett is not present, she would prefer
to hear Councilmember Margett's reasons for the appeal. Mayor Pro
tem Chang stated that when he asked Councilmember Margett why he
appealed this matter, Councilmember Marge1;t told him that the
applicant had a store in Pasadena where a fight took place. It
resulted in a blood stain on the floor which went uncleaned for a
few days. Councilmember Margett believes this showed
irresponsibility on the part of the store owner, and he would not
like this owner to come to Arcadia and open another store. It is
Mayor Pro tem Chang's understanding that this is not a true story.
-7-
11/1/94
36:0376
He is opposed to continuance of the public hearing for two
reasons. As stated previously, Councilmember Margett had the time
to continue the meeting but did not do so. The second reason is
that a continuance would result in the business suffering a loss
due to the fact that they could not operate the game machines.
It was MOVED by Mayor Pro tem Chang that the public hearing be
held tonight and not be continued. The MOTION DIED for lack of a
second.
The City Manager stated that when he was advised of Councilmember
Margett's anticipated absence from tonight's meeting, the public
hearing had already been scheduled and notices sent out.
Councilmember Margett Was unaWare that the matter would be heard
this evening until after he had determined he would not be able to
be present. Mayor Pro tem Chang stated that he spoke with
Councilmember Margett within a week after the last Council I
meeting, and Councilmember Margett indicated that he would not be
present at this meeting, and that he knew the public hearing would
be tonight on this matter.
The City Manager advised Council of an alternative: hold the
public hearing tonight, accept testimony, and continue the matter
to the next meeting. The video tape of the meeting could be made
available to Councilmember Margett for his review, and the
minutes, and he would participate in the matter at the next
meeting. The City Attorney verified the City Manager's statement.
Mayor Pro tem Chang was not in favor of the alternative, but
preferred either continuing the entire public hearing process to
the next meeting, or holding the hearing and making a decision
tonight. Councilmember Lojeski suggested it be considered that
what is happening tonight due to Councilmember Margett' s scheduled
absence could also have happened if he were absent due to illness.
Council must work out a situation that is fair to everyone.
It was MOVED by Councilmember Kuhn, seconded by Mayor Young, and
CARRIED on roll call vote as follows to OPEN the public hearing,
take testimony, and then CONTINUE the public hearing to November
15.
AYES:
NOES:
ABSENT:
Councilmembers Kuhn, Lojeski, and Young
Councilmember Chang
Councilmember Margett
Mayor Young declared the public hearing OPEN.
In Oooosition to the Game/Amusement Machine Permit
Michael Hur continued speaking in opposition to the approval of a
permit for installation of game machines in the Pacific Sports
Card Company. He reiterated his feeling that this issue has to do
with community values. Does the City of Arcadia really want all
these game machines in many different shopping centers, attracting
school children who spend many hours playing arcade games? He has
observed the young people who congregate in the area. After games
they are smoking, spitting on the sidewalk, and taking out their I
quarters to gamble with each other. He wonders what this kind of
activity may lead to. Though we cannot control the behavior of
young people, Council has the opportunity to make a decision which
will affect where we lead them. Mr. Hur requests that Council
rescind the permit given to Mr. Hemaratanatorn for the game and
video machines. In response to a question from Mayor Pro tem
Chang, Mr. Hur answered that he was not aware tnat Mr.
Hemaratanatorn had applied for and been granted a license by the
City for the game machines until after the fact. Mr. Hur has one
video game in his restaurant, a combination eating table and game
machine.
The City Attorney recommended that, since testimony is being heard
tonight, a brief staff report be given at this time by the
Community Development Administrator. Testimony may then continue.
The City Attorney pointed out that Section 6312.2 of the Arcadia
Municipal Code contains very specific provisions for considering
-8-
11/1/94
36:0377
whether entertairuncnt pennits may be denied or granted and does
not speculate wh"r "'~:' (.r may not happen. If there are real
problems that occu~ aft~r a permit is granted, it may be suspended
or revoked. He is n~~ ,~~"~ing for or against the applicant, but
pointing out this important legal requirement with regard to the
limitations on wna~ can or cannot occur during these appeals.
I
The Community Dewclo>pm_lt Administrator reviewed the staff report.
The application fu< the entertainment permit was submitted by Mr.
Adesorn Hemaratanal:orn,. Looi Corporation, dba Pak Mann Amusement,
for the installati.on ~(_d operation of seven (7) game and amusement
machines in a retail store, Pacific Sports Card Company, located
at 142 East Duarte Road. The owner and operator of Pacific Sports
Card Company is Mr. Victor Lee. The applicant owns the Pac Mann
Amusement Arcade at 1775 East Colorado Boulevard in Pasadena. The
City of Arcadia has contacted the Pasadena Police Department; they
have had no pro~lems at that location. No permits for game and
amusement machines at the location have been revoked.
The proposed application has been reviewed by the Fire Department,
Police Department, and Building Division. There were no negative
responses from any of the departments. There are three other
businesses in the shopping center which have game machines: Lucky
Donuts has three; Game Depot, seven; and Action Arcade has a
conditional use permit for 21 game machines. Also, the Teriyaki
House has one.
The Arcadia Munic i pal Code allows seven or less game arcade
machines in businesses with an approved entertainment permit,
subject to the approval of the Business Permit and License Review
Board. The Code also sees forth specific regulations relating to
the operation of game machines. The Municipal Code does not limit
the number of game machiDes within a shopping center. Based upon
an investigation and information submitted by the Police
Department and the Business License Officer, the Business Permit
and License Review Board approved the request" for seven game
machines at 142 East Duarte Road, subject to the following
conditions:
1. Compliance with all game machine regulations in Arcadia
Municipal Code Section 6411.5 et seq.
2. The retail business owner, Mr. Victor Lee, shall be responsible
for enforcement of all City regulations.
3. There shall be a three-month review of the entertainment permit
by the Police Department.
I
Based upon the information submitted and the findings set forth in
Section 6312.2 of the Arcadia Municipal Code, staff recommends
approval of the entertainment permit application for seven arcade
game machines at 142 East Duarte Road. Section 6312.2 of the
Municipal Code also states that the Council has the right to
refuse a permit, subject to the findings which the City Attorney
mentioned previously. Without evidence to support the findings
set forth in the Code, there is no basis for denial. However, if
based on actual facts, problems arise after granting the permit,
the permit can be suspended or revoked.
In Opposition to the Game/Amusement Machine Permit
Gail Marshall, 2300 block of Lee Avenue, and her partner Arlene
Marshall, co-owners of Action "Arcade. In response to what was
said previously, Ms. Marshall stated that she takes offense that
the business owners were called "sour grapes." She did take a
petition around because the business owners in the shopping center
came to her and asked if she would be their spokesperson because
many of them have a language barrier. A petition was circulated
which reached 13 of the 15 business owners in the shopping center.
All 13 who received it signed it in opposition to more video games
in the center without a conditional use permit. The manager of
the Alpha Beta Market is out of. town and unable to represent the
market this evening.
-9-
11/1/94
36:0378
Ms. Marshall stated, in part, that she has never encountered a
shopping center of similar size in Arcadia or elsewhere in the San
Gabriel Valley where 40 video games were approved, 18 of which not
,operating under a conditional use permit. It has been observed
that between 3 and 4 o'clock on weekdays it is not unusual for the
youngsters to make 15 trips back and forth through the parking lot
between the two arcades. On the weekends, this "floating" occurs
for approximately three hours each day. This results in children
running and riding bikes, skateboards, and roller blades through
the parking lot. If game machines are allowed to go into the card
shop, it is believed the number of "floaters" could possibly
double.
Mr. Lee does not have a bike rack. There is a seven-foot walkway
in front of the card shop. A bike rack containing bikes is five
feet wide. If a bike rack is installed, only a two-foot walkway I
remains for shoppers to walk through. A shopping cart is wider
than two feet. At times, three cars park in a two~space parking
area in front of the card shop which belongs to Alpha Beta. These
spaces are constantly occupied by Alpha Beta customers. This cuts
the auto travel to a one-way narrow lane for two-way traffic.
There are many senior citizens who shop at Alpha Beta. The
seniors exiting the market would ultimately be forced into the
one-way traffic lane instead of using the sidewalk. The senior
citizens will be subjected to obstructed doorways, walkways, as
well as skateboarders, roller bladers, and bicyclists throughout
the already dangerous parking lot. Ms. Marshall presented
photographs of the parking lot to the Council.
Mr. Lee' 5 main business is selling spore cards, comics. pogs,
gifts, etcetera. Ms. Marshall's game arcade is licensed to
monitor and supervise video game players in a controlled
environment. Because of the adverse effect that video games in
the card shop will have on the existing business owners and their
customers, and for the safety"of children and senior citizens, she
urges Council to reject the request for more video games in the
shopping center. In response to Mayor Pro tem Chang, Ms. Marshall
said that she has 21 game machines in her arcade at the shopping
center.
In response to the City Attorney, the Community Development
Director, Ms. Butler, replied that the Arcadia Municipal Code does
not currently require a conditional use permit for the requested
use of the applicant.
Jason Shua, 146 East Duarte Road, is a partner of David Sun, One-
Hour Photo. His concern is that there are already too many game
machines in the shopping center. He does not want to wait until
an accident happens t perhaps involving senior citizens. Sometimes
groups of children form and confrontations take place. He does
not understand why Mr. La Mountain would use the term "sour
grapes" in reference to the business owners who signed a petition
against more game machines. Council is urged not to allow too
many game machines in the small shopping center. In reply to a
question from Mayor Pro tem Chang, Mr. Shua stated there are no
game machines at One-Hour Photo.
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows to CONTINUE the
public hearing to November 15, 1994.
I
AYES:
NOES:
ABSENT:
Counclimemoers Gnang, Kuhn, Lojeski, and Young
None
Councilmember Margett
-10-
I
11/1/94 '
I
I
ROLL CALL
1.
MINUTES
APPROVAL
(Oct.ll,1994)
(Oct.lB,1994)
(APPROVED)
ADJOURNMENT
1.
MINUTES
APPROVAL
(Oct.ll,1994)
(Oct.18,1994)
(APPROVED)
2.
SENIOR
LUNCHEON
MEALS
(Community
Center)
.. .
36:0379
CITY COUNCIL RECESSED IN ORDER TO .ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Agency Members Chang, Kuhn, Lojeski and Young
Agency Member Margett-:
i
On MOTION by Agency Member Lojeski, -seconded by Agency Member
Kuhn and CARRIED, Agency Member Margett:was .EXCUSED.
On MOTION by Agency Member Loj eski, seconded by Chairperson Young
and CARRIED on roll call vote as follows the minutes of the
adjourned regular meeting of October 11, 1994 and the regular
meeting of October 18, 1994 were AP~~OVED.
Agency Member Chang requested clarification concerning three
items in the October 11, 1994 minutes. The information was
provided to his satisfaction by staff.
AYES:
NOES:
ABSENT:
Agency Members Chang, Kuhn, Lojeski and Young
None
Agency Member Margett
The meeting adjourned to 6:00 p. m., November 15, 1994.
CITY COUNCIL RECONVENED
CONSENT ITEMS
APPROVED the minutes of the October 11, 1994 adjourned regular
meeting and the October 18, 1994 regular meeting.
APPROVED the use of the Arcadia Community Center for a daily
luncheon meals program to be offered Monday through Friday; and
AUTHORIZE staff to contract with Arcadia Unified School District
to provide meals at the Arcadia Community Center. Mayor Pro tem
Chang complimented former Senior Citizens' Commissioner Warren
Shaw who was responsible, for the most part, for this program.
~ .
3.
EQUIP.PURCH. AWARDED contract to Reynolds Buick in the amount of $20,250.50
(One Ton Pick- for the purchase of a one-ton pickup truck with dual rear wheels
up Truck & and utility body; AWARDED contract to Rotollo Chevrolet in the
3/4 Ton Pick- amount of $18,447.08 for the purchase of a 3/4-ton pickup truck
Up Truck) with service body; and AUTHORIZED the City Manager to execute
(Pub. Works said contracts in a form approved by the City Attorney.
Dept.) .
4.
EQUIP.PURCH.
(Two' Unmarked
Police
Vehicles)
(Police Dept.)
WAIVED non-compliance with the specific bid process of the City
of Arcadia and AUTHORIZED the purchase of two unmarked police
vehicles from .Wondries Chevrolet in the amount of $43,294.59,
said award based upon Los Angeles County contract R-248.
. 11/1/94
-11-
36:0380
5.
WORK ACCEPTED ACCEPTED proje~c. i ;-es~!" <tcing of various streets (1993-94) and
(Resurf. Var. construction of aSf'~lal t pavement at Baldwin Reservoir Fa~ility -
Sts. & Job No. 543] ."1" ,,-\Jl'f;QB-JZED final payment to be made in
Const.Asphalt accordance wH'" c:-", CO,",tract documents. Ten per cent (10%)
Pave't at retention payment becohles due and payable thirty- five days after
Baldwin Res. the acceptange of the project by the City Council, and will only
Facility - be released by the Director of Public Works upon completion of
Job No.543) all correction" or rec'Jrd.
6.
CONTRACT
AWARD
(Replac't
Motor
Control Ctr.
Longden
Plant -
W.O. 11552)
l.
ARCH. DESIGN
REVIEW - ADR
94-012
(Expansion of
Methodist
Hospital
of So.
Calif. )
(APPROVED)
AWARDED contract in the amount of $60,660 to A & B Electric for
the replacement of the motor control center at the Longden Plant
- Work Order No. 552, and AUTHORIZED the City Manager and City
Clerk to execute the contract in the form approved by the City
Attorney.
I
THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER
LOJESKI, SECONDED BY MAYOR YOUNG AND CARRIED ON ROLL CALL VOTE
AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski and Young
None
Councilmember Margett
CITY MANAGER
The Methodist Hospital of Southern California has submitted plans
for a proposed five story, 147,000 square foot patient tower at
the Hospital for review and approval of the City Council.
Architects for the proposed project are Neptune- Thomas-Davis and
HKS Architects. The Methodist Hospital leases the subject
property from the City of Arcadia. The hospital's lease provides
that the City shall have the right to review the general design,
layout, plot plan and architectural features of all buildings and
structures to be located upon the premises. The existing east
and west wing patient towers, which contain approximately 91,000
square feet, will be demolished upon completion of the new tower
and the relocation of services. This will result in a net
increase of approximately 56,000 square feet.
A portion of the existing hospital is being redesigned to
accommodate a new main entrance facing Civic Center Drive.
According to the hospital, they are downsizing over the next few
years from 350 beds to 250 beds. There will be a total of 108
beds in the new addition at project completion, with a maximum
of 142 beds at future build out. Currently there are 185 I
medical/surgical beds in the existing east and west wing towers
which will be eliminated when these services are relocated to the
new patient tower. According to hospital representatives, a
majority of the services will move immediately to the new
structure, and the space left behind in the existing towers will
be shut down and taken "off line". There will be no interim use
'... of these buildings. The ti~ino of demolition will be z~bjecc cO
the relocation of the remaining services to either the new tower
or to within the existing hospital. The proposed patient tower
will be set back a minimum of 60' from Huntington Drive East.
The existing parking in this area will be removed and landscaping
and a driveway to the outpatient drop-off 'area will be located
between the proposed patient tower and Huntington Drive East. The
existing driveway entrance to the hospital off of Huntington
Drive East will be closed, and all traffic directed to Civic
Center Drive where a main approach to the new entrance will be
-12-
11/1/94
, I ' 1 ~ '
~(: I 'jd",
accentuated. The existing bus turnout on Huntington Dl i',e east
will remain.
There are currently 1,070 parking spaces at the hospitli! "
parking spaces will be eliminated as a result of _ ""
construction. Based upon both the hospital's exper~(. ,~,. ,-d
staff's dbservation, it is staff's opinion that there ,.:'.fl oe
sufficient on-site parking to accommodate patients, visi~Oi5 and
employees after the new construction is completed.
I
Dennis Linson, Vice President, Arcadia Methodis t E'.>;pi tal,
representing Dennis Lee, 300 West Huntington Drive, SCAt20, in
part, in reply to a question from Councilmember Lojeski ;'hat the
intent is to file construction documents with the ~tate of
California before the end of November, and to break ground next
Fall, with move in anticipated by the end of 1996 or eari;' J997,
Mayor Pro tem Chang suggested the two existing towers wight be
used as nursing homes, office buildings, rented to the Rod Cross,
or something similar as opposed to demolition. Tom Hartn"',:l, HKS
Architects, associated with Neptune-Thomas-Davis, 27564 Country
Glen Road, Agoura Hills, explained that the use of the two older
towers would not permit state-of-the-art patient care for the
next twenty-five or thirty years. The State of Calitor~ia is
looking at health care facilities specifically in terms of their
viability for the future. The two older towers '.re very
susceptible to changing requirements structurally. The hospital
has developed a master plan which will comply with the expected
requirements of CAL-OSHA within the next twenty-five to thirty
years. It would not be feasible to retain the two older towers
after constructing the proposed new tower because that would
result in over building on the available property. Also the.
City's parking space require,ments must be considered.
Councilmember Lojeski pointed out that what is before Council
this evening is an architectural design review for the expansion
of the Methodist Hospital. Council is not here to micro-manage
the hospital; the directors of the hospital know the hospital
business better than anyone else. Methodist Hospital is one of
our two or three greatest assets in the community. Council-
members Lojeski and Kuhn agreed that this construction will be
a beautiful addition to the City, as well as being of great
benefit in providing quality health care to the community. The
City Manager pointed out that the lease with the hospital states
that the City has the right to review additions or modifications
but cannot tell the hospital how to use its facilities or square
footage.
For the record, Mayor Pro tem Chang stated that he does not have
any problems with the new design, but he does have a problem with
demolishing the two buildings. Further, he is not trying to
micro-manage the hospital. He is just stating his opinion. Mayor
Young suggested that Mayor Pro tem Chang talk to the hospital
board about his concerns.
I
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Kuhn and CARRIED on roll call vote as follows to APPROVE
Architectural Design Review 94-012 for expansion of the Methodist
Hospital of Southern California, subject to the conditions set
forth in Department of Public Works report dated October 19,
1994, which conditions shall be complied with to the "er.i.F~rtinn
of the Director of Public Works; and that fire safety shall be
provided to the satisfaction of the Fire Department.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski and Young
None
Councilmember Margett
-13-
11/1/94
2.
SIDEWALK
DINING
(APPROVED
STAFF TO
PREPARE
TEXT
AMEND. )
l.
ORDINANCE
NO. 2022
(ADOPTED)
2.
ORDINANCE
NO. 2024
(ADOPTED)
36:0382
In response to citizens' .requests, .the City Council recently
requested staff to review the possibility of allowing sidewalk
dining in the public right-of-way. Staff contacted four cities
regarding regulations on sidewalk dining. Some regulations, such
as Pasadena's, are very complex; some such as South Pasadena and
La Verne, are very simple. All the cities required an
encroachment permit issued by the. Public Works Department. In
addition, Claremont and Pasadena have a special permit process,
and both South Pasadena and Pasadena have a monthly rental fee
which is paid to the City for the use of the sidewalk. Staff
from Planning, Building, Economic Development, Business License,
Fire, Police and Public Works met to review the concept of
sidewalk dining in Arcadia. All agreed that sidewalk dining
would have a positive influence on the City's commercial areas,
and further recognize that many cities allow sidewalk dining in
the public right-of-way with special permits. Cities are
recognizing that certain outdoor activities in commercial areas,
such as sidewalk dining, do add vitality to business districts.
In addition, as long as sidewalk dining complies with City
regulations, it can have a positive impact on the restaurant as
well as the retail district. Procedures will be established to
allow for revocation of permits if there are problems. Because
of the high .visibility of sidewalk dining, it can be easily
monitored, and problems can be prevented. Conditions recommended
by staff are outlined in report dated November 1, 1994.
I
Councilmember Lojeski commented that, although not required for
approval, he would like to see this information provided to the
Planning Commission and Parking District Commission for input.
It was MOVED by Councilmember Kuhn, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows to DIRECT staff
to proceed with the concept of sidewalk dining, and PREPARE
the appropriate text change to the Arcadia Municipal Code.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski and Young
None
Councilmember Margett
CITY ATTORNEY
The City Attorney presented 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 EMPLOYEES' RE'):IREMENT SYSTEM". (2% at 55 for Miscellaneous
Employees)
It was MOVED by Mayor Pro tem Chang, seconded by Councilmember
Lojeski and CARRIED on roll call vote as follows that Ordinance
No. 2022 be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
I
Councilmembers Chang, Kuhn, Lojeski and Young
None
Councilmember Margett
The City Attorney presented and read by title Ordinance No. 2024:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA.
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW
CHAPTER 9 TO ARTICLE I, PART 2 RELATING TO CLAIMS AND ACTIONS BY
OTHER PUBLIC ENTITIES".
It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tem
Chang and CARRIED on roll call vote as follows that Ordinance No.
2024 be and it is hereby ADOPTED.
AYES:
Councilmembers Chang, Kuhn, Lojeski and Young
11/1/94
-14-
I
I
3.
ORDINANCE
NO. 2025
(ADOPTED)
ADJOURNMENT
(Nov.15,1994
6:00 p.m.)
ATTEST:
'f'"
36:0383
NOES:
ABSENT:
None
Councilmember Margett
The City Attorney presented and read by title Ordinance No. 2025:
"AN ORDINANCE OF THE CITY COUNCIL OF THr~ CITY OF ARCADIA,
CALIFORNIA ADOPTING AMEND~ENT NO. 3 TO THE C~NTRAL REDEVELOPMENT
PLAN TO ESTABLISH TIME LIMITATIONS AS REQUIRED BY AB 1290".
It was MOVED by Mayor Pro tem Chang, seconded by Mayor Young
and CARRIED on roll call vote as follows that Ordinance No. 2025
be and it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Lojeski and Young
None
Councilmember Margett
At 8:55 p. m. the City Council ADJOURNED to Tuesday, November 15,
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.
U7~~/=?
~J~
J D. Alford, Ci. Cl~-=::::::'
-15-
11/1/94