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HomeMy WebLinkAboutMAY 18,1993 1 I () 110 _ . , " 1.1,: II r 35:0118 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (May 4, 1993) (APPROVED) ORD. & RES. READ BY TITLE ONLY ARCADIA BEAUTIFUL AWARDS I I, Ir} M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MAY 18, 1993 The Arcadia City Council and the Arcadia Redevelopment Agency met at 6:30 p. m., Tuesday, May 18, 1993 in the City Hall Council Chambers. Rev. Thomas Pfizenmaier, Arcadia Presbyterian Church Arcadia Beautiful Commission Chairman Peter Ulrich PRESENT: Councilmembers Fasching, Harbicht, Lojeski and Ciraulo ABSENT: Councilmember Margett (Arrived at 6:37 p.m.) On MOTION by Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and CARRIED, Councilmember Margett was EXCUSED. On MOTION by Mayor Pro tem Lojeski, seconded by Councilmember Fasching, and CARRIED the minutes of the adjourned and regular meetings of May 4, 1993 were APPROVED. It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Fasching and CARRIED, that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PRESENTATION OF ARCADIA BEAUTIFUL AWARDS Mayor Ciraulo announced that the Arcadia Beautiful Awards were to be presented this evening. Whereupon he turned the meeting over to the Arcadia Beautiful Commission Chairman, Peter Ulrich. Chairman Ulrich thanked the Council for inviting the Arcadia Beautiful Commission to make this presentation at this Council meeting. He further stated, in part, that the Commission is dedicated to keeping Arcadia beautiful, and reviewed some of the purposes and projects of the Commission in the last 21 years since the Commission was formed. Chairman Ulrich then introduced the present members of the Commission: Patricia Eicherly, Mary Hansen, Roland Kelly, Homer Paulson, Rosa Schram, and Gloria Vertz. He also introduced two former Commissi~n members, Jayne Bellin and Beth Constanza. Chairman Ulrich acknowledged and thanked, on behalf of the Commission, City Council liaison, Councilmember Robert Harbicht, for his support and help. The Chairman also acknowledged the efforts and contributions of Don Wilsterman, the Police photographer; Cindy Rowe, Administrative Assistant, who so efficiently makes the arrangements for this presentation; and Melissa Ornelas, Public Works Department, who does the secretarial work. 1 5/18/93 ARCADIA HIGH SCHOOL CITIZEN & CONSTITUTION COMPETITION WINNERS .' j' ARCADIA FESTIVAL OF BANDS 35:0119 The 1993 Awards Chairperson, Patricia Eicher1y, then explained the Commission's procedures for selecting the winne!'='....s. The following awards were presented: ANITA BALDWIN AWARD 340 Warren Way - John and Franceen Tolman ARCADIA AWARD 927 Encanto Drive - Hope B. Rechif AZALEA AWARD 66 Birchcroft Street - Charles Noh CLARA BALDWIN STOCKER AWARD 239 Longley Way - Mr. and Mrs. MIchael J. Curley HUGO REID AWARD 942 Hugo Reid Drive - David and Nydia Beanes I HUNTINGTON AWARD 519 E. Lemort Avenue - James and Sandra Eaton LUCKY BALDWIN AWARD 1037 Monte Verde Drive - Marty and Joe Miller MAYOR'S AWARD (Commercial) 130 W. Huntington Drive - The Santa Anita Inn Chuck Bluth - Owner NEWCASTLE AWARD 471 W. Winnie Way - Larry, Mary Ann, Brian and Shawn Smith PEACOCK AWARD 1470 Caballero Road - Thomas S. Lo QUEEN ANNE AWARD 804 E. Camino Real Avenue - Roger and Beverly Squire ROSE BUDD BALDWIN DOBLE AWARD (Condominium) 45-63 Christina Street - Villa Christina Homeowners Association SANTA ANITA AWARD 1941 Highland Oaks Drive - Mrs. Patricia Sertic ARCADIA BEAUTIFUL (Block Award) (None Given) At 7:10 p. m., City Council RECESSED and RECONVENED at 7:30 p.m. PRESENTATIONS On behalf of the City Council Mayor Ciraulo presented a Certificate of Commendation to each member of the Arcadia High School advanced placement government class team. The commendations were in honor of the team winning first place in the "We the People The Citizen and the Constitution" competition in Washington, D,C. The 29 student Arcadia team competed with 47 other teams to win the three-day nationwide competition. The students were introduced by their teacher and coach, Ron Morris. I Joe Cork, 1993 Chairman, Arcadia Festival of Bands, also representing Mike Allison, 1992 Chairman, described, the activities and the 1992 successful presentation of the Arcadia Festival of Bands, and thanked the City Council for their support, participation and encouragement. He also gave Council a preview of the plans for the pre-Festival activities in 1993, 2 5/18/93 I I PROCLAMATION OF MAY AS MONTH OF REMEMBRANCE - ARMED FORCES l. PUBLIC HEARING NUISANCE ABATEMENT (19 - 19 1/2 Lucille St.) (APPROVED) o <;,Jt:) _ -,f) RESOLUTION NO. 5727 (ADOPTED) '. 35:0120 as well as the preparations for the 1993 Festival of Bands. Mr. Cork presented Council with a photograph of the Arcadia High School Band and Auxiliary Guard with an attached placard, "You Make the Difference". In remembrance of Armed Forces Day and Memorial Day, a proclamat:ion was read by Mayor Ciraulo: "WHEREAS the month of May includes Armed Forces Day on May 15 and Memorial Day on May 30, and WHEREAS both of these days are set aside to recognize the contributions made by members of our armed forces to ensure the freedom of America, and WHEREAS these days provide a special time for remembering the great debt of gratit:ude we all owe to those who have served in our military, and to those who have died defending our nation. Now, therefore, I, Joseph C. Ciraulo, Mayor of the Cit:y of Arcadia, do hereby PROCLAIM the month of May 1993 to be the month of remembering. I do encourage everyone to reflect on the meaning of each of these important days in May." The Proclamation was presented to members of the Armed Forces Day Committee. Pursuant to Section llOl(b) of the Uniform Housing Code and Section 9407 of the Arcadia Municipal Code the City Council considered whether a public nuisance exists, and what action is necessary to abate the nuisance on property located at 19-19 1/2 Lucille Street. As per the above mentioned Section, a Notice and Order of the Building Official to abate, repair, rehabilitate and/or demolish buildings at 19 and 19 1/2 Lucille Street was mailed and hand delivered on April 29, 1993 to Ana Marie Briseno, property owner. The site is developed with two legal dwelling units. A garage is attached to the rear unit. This garage has been illegally converted to a third dwelling unit. The premises have been inspected by officers of the Building Department and the Fire Department and numerous violations cited, as set forth in staff report dated May 18, 1993. Mayor Ciraulo declared the hearing open. Monica J. Mraz, Attorney, 3 Hutton Centre Drive, Suite 900, Santa Ana, stated, in part, that she is present to represent: Ana Briseno, and to advise the City Council that it is her client's intention to cooperate fully with the Building Department to bring the premises into compliance with the requirements of the City of Arcadia. This will involve demolition of the rear building (19 1/2 Lucille) as well as the attached garage, and repair of the front dwelling (19 Lucille). Mollv Holmes, 19 1/2 Lucille stated, in part, that Ana Briseno ,is constantly in violation of the City Codes even after being warned by the City officials. Ms. Briseno rips the stop work orders off the wall and continues to build. Ms. Holmes has lived on the premises since October 1, 1990, and has had to put up with this. Last year Ms. Briseno was ordered by the City Planning Department: to get rid of the illegal garage residence, so she just put two large doors on it. When those doors are opened, there is a door to a three room apartment, according to Ms. Holmes. Council should be aware that lives could be in danger here. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Fasching, seconded by Councilmember Harbicht and CARRIED. The City Attorney presented and read the title of Resolution No. 5727: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING' A PUBLIC NUISANCE AND ORDERING THE REHABILITATION AND DEMOLITION OF DWELLINGS ON REAL PROPERTY LOCATED AT 19 AND 19 1/2 LUCILLE STREET, ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF FINANCE TO COLLECT THE COST FOR 3 5/18/93 2. PUBLIC HEARING FUNDING ADM. OF SRRE (Integrated Waste Management Plan. - AB 939) iDir:'W - ),(J ORDINANCE NO. 1989 (INTRODUCED) 35:0121 ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 9406.5, 9406.6 AND/OR 9406.9 OF THE ARCADIA MUNICIPAL CODE". It was MOVED by Councilmember Harbicht seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Resolution No. 5727 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Lojeski, Kargett and Ciraulo None None NOES: ABSENT: As a State of California mandate, all cities are required to comply with the Integrated Waste Management Act (AS 939). AB 939 requires cities and counties to develop a Source Reduction and Recycling Element and Household Hazardous Waste Ele~ent to the Integrated Waste Management Plan (IWMP). The State is unable to provide either the guidance or the funding in order for cities to implement the legislation. Also, the law continues to evolv~ modifying many of the original tenets of the legislation. Staff has developed a program to help the City realize its AB 939 goals. Ordinance No. 1989 provides the fee structure that will allow the City to implement programs that will help the City to meet the State mandate. Details of the City's program to develop a SRRE and funding for the administration of same are outlined in the Kay 18, 1993 staff report. I In the discussion, Councilmember Harbicht suggested that a change be made in that part of the ordinance relating to the requirement that payment, be received within ten working days after the end of the month. In most cities this is scheduled for the end of the following month so as not to interfere with billing schedules. Staff responded that the time requirement can be changed. Councilmember Harbicht also pointed out that this item on the agenda tonight is a means to provide the money to enable the City to implement its plans to meet its goals for waste management. Mayor Ciraulo declared the public hearing OPEN. Arthur Hershev, Santa Anita Park, 285 West Huntington Drive, stated, in part, that he would appreciate clarification that the refuse hauler fees of 9.5% are included in the $40,000 per year charge to the race track as mentioned. The'City Attorney agreed that is the intent of the ordinance. Mr. Hershey said he is impressed with staff's tremendous amount of research and accumulation of data on refuse and waste accumulation and disposal. The numbers and the percentage allocated to Santa Anita Park look reasonable. In recent years the race track has been able to take a lot of the refuse material that was generated and put it to great positive use which helped get rid of or eliminate much of the waste. In view of the track's first losing year of operation last year, they do not relish the thought of working this $40,000 into their budget. They would only hope that future increases, if needed, will be minuscule. They would like to look forward to some reduction down the road as the waste material is reduced. I No one else desiring to be heard the public hearing was CLOSED on MOTION by Mayor Pro tem Lojeski, seconded by Councilmember Fasching and CARRIED. The City Attorney presented for introduction and read the title of Ordinance No. 1989: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTIONS 5120.7 AND 6434.2 OF THE ARCADIA MUNICIPAL CODE AND ADDING SECTION 8020.8 TO ESTABLISH FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES TO FUND THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT OF THE COUNTY INTEGRATED WASTE MANAGEMENT PLAN, AS REQUIRED BY STATE 4 5/18/93 1 1 3. (.. "/ .. 'j I\!" r ' c)..... l. ,,1 , 4. 5. 35:0122 LAW AND INCLUDING REFUSE PERMIT FEES FOR SANTA ANITA RACE TRACK" , It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Ordinance No. 1989 be and it is hereby INTRODUCED as amended. AYES: Councilmembers Fasching, Harbicht, Loj eski, Margett and Ciraulo None None NOES: ABSENT: AUDIENCE PARTICIPATION Twav Andrews, 101 South Old Ranch Road, stated, in part, that he was disturbed a week ago Friday' night by race result announcements from the race track loud speaker system. When he called the track they were very cooperative and understanding. This last Friday night there was no such disturbance. However~- he wonders what other plans may be for special events with large crowds to be held at the track. If there be such plans and if they are extensive, he feels the residents should be notified and given some opportunity to respond. Kurt Tavlor, General Manager, TCI CahleVision, Los Angeles County, stated, in part, that he is taking over management of the day-to-day operations in the City of Arcadia. He explained the steps that have been taken to improve the production quality of the Council meetings, including a full production staff with a mobile production van. They will continue to work with staff on the lighting and audio issues to give the best possible production quality. Moll v Holmes, 19 -1/2 Lucille Street. stated, in part, with reference to the earlier hearing regarding this property, the attorney for Ana Briseno stated there was a court order that the premises were to be vacated by the 20th. There is no such court order. There should be some inspection of rental properties to protect little people like herself. She has lived in these premises for two and a half years and has requested repairs of windows, plumbing, etc. A single family dwelling was turned into a triple-family unit on 15 volt electricity. Somebody should inspect rental units before they are rented. Jovce Andrews, 101 South Old Ranch Road, stated, in part, that she was disturbed a week ago not only by sounds of race broadcasting, but following that, by country music until one a.m. City residents should be able to speak about such events before they are allowed to take place. She noted that she had not been disturbed this past weekend. The City Attorney replied that any significant permanent alteration to current use, particularly involving night time use, will require certain zoning changes. The public would be involved. However, certain permits for special entertainment events do not involve fully noticed public hearings. However, changes could be made to provide for some notification to those in the immediate neighborhood. The City Attorney suggested his office be contacted for further information in this regard. Councilmember Fasching noted that Council is aware of these events. Apparently the race calling was going through the in-field address system and it is his understanding that this is to be corrected. The complaint of the loud music at late hours will be investigated. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY 5 5/18/93 Sa. ROLL CALL 5b. MINUTE APPROVAL (May 4,1993) (APPROVED) Sc. DESIGNER RETAIL SHOP DOWNTOWN ARCADIA (USE APPROVED) [I (, :I()~d<l 5d. CITY OF ALHAMBRA LITIGATION AGAINST STATE (Redevelop- ment Funds) (APPROVED FUNDS) },',' I)'" .J 5e. ADJOURNMENT 35:0123 PRESENT: Agency Members Fasching, Harbicht, Lojeski, Margett and Ciraulo None ABSENT: It was MOVED by Member Lojeski, seconded by Member Fasching and CARRIED that the minutes of the meeting of May 4, 1993 be APPROVED. Arcadia resident, Mary Livengood is interested in establishing a designer resale shop in downtown Arcadia as defined by the Central Redevelopment Project Area. Ms. Livengood assures the Redevelopment staff that her store is to be a boutique that sells designer clothes on a consignment basis, and is not a thrift shop which is prohibited under the guidelines of Resolutiqn No. ARA- 172 . 1 It was MOVED by Member Harbicht, seconded by Member Lojeski' and' CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE a designer resale shop use in the "Downtown Retail Core" as defined by the Downtown Revitalization Strategy AYES: Agency Members Fasching, Harbicht, Loj eski, Margett and Ciraulo None None NOES: ABSENT: The City of Alhambra and the Alhambra Redevelopment Agency have recently filed suit against the State of California following the -assage of SB 844 which requires that Redevelopment Agencies pay ~ their 'respective County Auditor-Controller by May 10, 1993 approximately 16% of their 1990-91 annual tax increment. If an Agency or City could not or would not pay the required amount, the County Auditor-Controller would take that amount from the City property taxes and transfer it to the County Educational Revenue Augmentation Fund (ERAF). These monies would then be forwarded to the schools in their County, relieving the State of its requirement to fund the schools. In Arcadia's case, the Redevelopment Agency recently sent $337,204.89 under protest to the County, The California Redevelopment Association Board of Directors recently voted to support Alhambra's lawsuit and actively encouraged all other redevelopment agencies to join in litigation that will be filed through the California Redevelopment Association. It was MOVED by Member Lojeski, seconded by Member Margett and CARRIED on roll call vote as follows that the Agency AUTHORIZE the Chairman to forward a letter prepared by the Agency Attorney to the California Appeals Court urging that it assume jurisdiction oVer the Alhambra case; that the Agency ApPROVE $410.00 to be forwarded to the California Redevelopment Agency for use by them in this litigation; and that the Agency AUTHORIZE the Chairman, Executive Director, Agency Attorney and Agency Special Counsel to take whatever future actions that are reasonable and consistent with the Agency's direction regarding the Alhambra lawsuit or related litigation. I AYES: Agency Members Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: The meeting adjourned to 5:30 p. m., May 2S, 1993. 6 5/18/93 1 I 6. 7. 7a. PUBLIC HEARING - CIP (June 15,1993) 7b. APPLICATION 1993-94 TITLE III GRANT FUNDS - SENIOR SERVICES VI ;!t) I(] 7c. ARC. CHAMBER/ COMMERCE HOLIDAY COUNTRY FAIRE J, , 7d. FINAL MAP TR. 50727 (1129 Fairview Ave.) () ~ ,.::') ~ (; f) 7e. ... '...., COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Jul.l,1994 - Jun.30,1997) 35:0124 CITY COUNCIL RECONVENED CONSENT ITEMS DESIGNATED June 15, 1993 as the date for a public hearing and action on the Capital Improvement Program. AUTHORIZED staff to write and submit a proposal for funding of the Title III Grant Program in an amount of approximately $120,000 for Arcadia and Temple City services for 1993-94 and that the City continue the same services for which the City contracted; that fifty percent of the ,time of the Sen~or Citizen Supervisor, four percent of the time of the City Treasurer, the value of the office space and the value of the volunteers' time to be provided as match; AUTHORIZED staff to enter into 'i contract for the 1993/94 fiscal year; and AUTHORIZED the Director of Recreation to sign the application and the contract. APPROVED the Arcadia Chamber of Commerce Holiday Country Faire to be held October 29, 30, and 31, 1993 in the Los Angeles County Park. APPROVED Final Map of Tract No. 50727 for a ten unit residential condominium project at 1129 Fairview Avenue (Yes Engineering and Technology Corp. on behalf of Melissa Chen, a general partner in the ownership and development of the site). Approval is on the condition that before the map is recorded, all outstanding conditions of approval shall be complied with to the satisfaction of the Director of Public Works. APPROVED participation in the Urban County 1994-1997 Community Development Block Grant Program and AUTHORIZED the Mayor to execute the three-year cooperation agreement, July 1, 1994 through June 30, 1997 between the City of Arcadia and the County of Los Angeles. 7f. NATIONAL APPROVED National Pollutant Discharge Elimination System (NPDES) POLLUTANT Permit Implementation Agreement. On May 5, 1992 the City Council DISCHARGE approved a motion to be a Co-Permittee to the Permit, and on July ELIMINATION 1, 1992, the City began compliance with the Permit requirements. SYSTEM (NPDES) The Mayor is AUTHORIZED to execute said National Pollutant PERMIT Discharge Elimination System Permit Implementation Agreement in IMPLEMENTA- a form approved by the City Attorney. TION AGREE- MENT 7g., },," ?r) , ADVERTISE FOR APPROVED plans and specifications for the installation of BIDS (12" approximately 2600 linear feet of 12" water-line, fire hydrants Waterline and appurtenances on Baldwin Avenue from Palm Drive to Live Oak Replmnt - Avenue - W. O. 691. AUTHORIZED the City Clerk to advertise for Baldwin Ave. bids. W.O. No. 691) 7 5/18/93 7h. J.I 1, ).. AMERICAN COMMUNITIES FOR CLEANUP EQUITY MEMBERSHIP RENEWAL 7g. ,) "',?) ..(,r) BERGER FOUNDATION GRANT (Library) 8. 8a. CONTRACT AWARD FIRE STATION NO. 2 (APPROVED) :" 'I, ~ ' ' ( \ 35:0125 , , , APPROVED the City's membership renewal with the American Communities for Cleanup Equity (ACCE) for $2,000; and AUTHORIZED fucure renewals with increases not exceeding 10% to be approved by the City Manager subjecc to review by the Cicy Attorney. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: CITY MANAGER Consideration of recommendation to award the contract for construction of Fire Station No.2. The proposed budget for this project is $2,818,689, including the contingency and all indirect costs. The construction budgec for the fire station is $2,335,342. The lowest bid submitted by Merco Construction is 20.7% ($485,058) higher than the construction estimate. Mayor Ciraulo and Councilmember Margett met with City staff and the architect, Larry Wolff of Wolff, Lang, Christopher to analyze bid results in an effort to determine che factors attributable to che differential between the architect' s estimate and the low bid; as well as to explore possible areas to effect a cost reduction in this project. The Council Committee and staff have re-examined the entire project, and evaluated all the possible alternatives. In the final analysis, considering the options, none of which provide a desirable solution, the competitive bid results of the three low bidders as well as the consequences of changing the project, it was Council's recommendation that the most effective course of action is to fund this project as designed, reduce the contingency to 4% ($124,600) and award the bid co the low bidder, Merco Construction Engineers as submitted. It was pointed out that after awarding the contract, change orders will be initiated to reflect Council direction, and specific items could be deleted or changed at that time. Councilmember Margett stated, in part, that he is not in favor of accepting the bid from Merco Construction Engineers. This was the low bid; however it is $485,058 higher than the architect's estimate, Considering the City's financial si tuation at this time, the fact that City reserves will be needed to help balance the City's budget, as well as the cooperative actions of City employees in deferring salary increases at this time, Councilmember Margett felt Council should consider a re-bid in an effort to obtain a bid Chat is closer to the architect's estimate. If that is not possible, he suggests that Council hold the project in abeyance for the present. Considerable discussion ensued of the change order procesS, whether or not this could be used to lower coscs after the contract was awarded. Councilmember Harbicht said, in part, that the new fire station was not designed to meet a specific cost, but rather was designed I 8 5/18/93 I I 8b. I 'i, '" ANIMAL CONTROL SERVICES (Transfer to Pasadena Humane Soc.) (APPROVED) 35:1.26 to include the space and features Council felt are required. To design this fire station to be less than the City needs is not the proper way to go. This is just a matter of under-estimation of construction costs by the architect. Councilmember Harbicht would like to see Council mOVe ahead with this project. Councilmember Margett said if the Council wishes to proceed with the construction at this time, the building should be redesigned to cut back on the cost. There are 'other projects that need to be built, such as the Library and improvements to City Hall. Larrv Wolff, Architect, Wolff, Lang and Christopher, was present and replied to questions from Councilmembers. Mr. Wolff stated, in part, that in order to achieve a cost reduction as substantial as $400,000 it would take a major redesign of the project. Lesser cost reductions could be achieved by downgrading some of the building components. It will be a question of less quality for less money. Mr. Wolff described these potential cost reductions in considerable detail for the Council, . Emil A~"~2, 1832 Chantry Drive, Arcadia Planning Commissioner; sugf.' "d some specific changes which, in his opinion, could arr" .1e to a savings of approximately $326,000. Some of these ',,,dons included landscaping, the retaining wall and the perimeter block wall, etcetera. He agrees the City cannot save all the money that is over the estimate. Basically, the building should be redesigned. A sixty day delay would provide time to reconsider the design. Councilmember Fasching agreed that a sixty day delay in this project would not jeopardize the safety of any residents, as far as response, to a fire or paramedic service. - Councilmember Harbicht called Council's attention to the fact that the architect has built seventeen fire stations. This fire station was designed'the way Council wanted it to be, and we should proceed to build it. Mayor Ciraulo noted that the cost has been reduced by $180,000 which will not affect the integrity of the building. He hopes that the City would never be in the position of seeing a retirement complex or a large apartment building in flames with the City finding itself without the proper equipment. He agrees that the architect just underestimated the construction cost. He feels Council should go along with the staff recommendation. Mayor Pro tem Lojeski said he has attended a number of study sessions on this matter. If Council wants this building, it must pay the price, He is not interested in redesigning the building. Councilmember Fasching agreed that this is the building Council wanted and that the architect's estimate of the construction cost was just too low. It was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to AWARD contract to the low bidder, Merco Construction Engineers, in the amount of $2,820,400 subject to final approval by the City Attorney; that all informalities in the bid or bidding process be WAIVED; and that a total of $3,244,460 be APPROPRIATED from the Facilities Construction Fund for this project; and reductions achieved through change orders will be credited back to the Facilities Construction Fund. AYES: NOES: ABSENT: Councilmembers Fasching, Harbicht, Lojeski and Ciraulo Councilmember Margett None The City Manager acknowledged and thanked Captain Joe Marks of the Glendale Fire Department for his assistance in working on this project. City staff has been studying the feasibility of transferring animal control services from the Los Angeles County Animal Care and Control (LACACC) to the Pasadena Humane Society and SPCA 9 5/18/93 9. 9a. ORDINANCE NO. 1988 (ADOPTED) " "flf) 9b. ORDINANCE NO. 1990 (INTRODUCED) " ~.;.l. 35: 0127 (PHS). The PHS is in the process of completing a $4,3 million expansion and renovation to their facilities located in Pasadena. This expansion would provide the needed capacity to absorb the Arcadia contract. The proposed cost for 1993-94 animal control services from the County is anticipated to be $50,000, while the PHS anticipates a cost of $48,000. Additionally, the City would benefit from enhanced services including greater accessibility and a more conveniently located shelter; careful screening of all applicants for animal adoption; community volunteer program; humane education program; wildlife rehabilitation program; pet sterilization program, and immediate response to City health and safety needs. The contract with the County can be cancelled upon thirty days' notice. Steve McNall, Executive Director, Pasadena Humane Society, 361 South Raymond, Pasadena, stated, in reply to a question that the Pasadena Human Society has Animal Control Officers w~o'are State Humane Officers and are employed by the PHS and will respond accordingly. 1 It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Fasching and CARRIED on roll call vote as follows to APPROVE an agreement with the Pasadena Humane Society for animal care and control services in an amount not to exceed $48,000, for a one- year pilot program, subject to approval by the City Attorney; and to APPROVE a thirty day notice of cancellation to the Los Angeles County Animal Care and Control. AYES: Councilmembers Fasching, Harbicht, Loj eski, Margett and Ciraulo None None NOES: ABSENT: CITY ATTORNEY The City Attorney presented and read the title of Ordinance No, 1988: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2662 OF THE ARCADIA MUNICIPAL CODE TO INCREASE THE UNIFORM TRANSIENT OCCUPANCY TAX FROM 8% TO 10%", It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Ordinance No. 1988 be and it is hereby ADOPTED. Councilmember Harbicht noted that this tax increase is not in keeping with Council's determination that Arcadia should be business friendly. He feels that this tax increase is unfair because the hotels in the City also pay business license taxes, property taxes, sales taxes, utility taxes and, in return for those taxes, they get the same services as other businesses. No other business pays those extra taxes, He SeeS no justification for increasing this tax. Councilmember Margett concurred with Councilmember Harbicht's comments. The lower occupancy tax gives Arcadia hotels a slight competitive advantage over Pasadena hotels, and he does not feel this should be taken away from them. I AYES: NOES: ABSENT: Councilmembers Fasching, Lojeski and Ciraulo Councilmembers Harbicht and Margett None The City Attorney presented for introduction and read the title of Ordinance No. 1990: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 9249.2 TO DIVISION 1, PART 1 OF CHAPTER 1, ARTICLE IX REGARDING SETTING OF PUBLIC HEARINGS". 10 5/18/93 I I 9c. RESOLUTION NO. 5725 (ADOPTED) r 'f., ',J iJ 9d. RESOLUTION NO. 5726 (ADOPTED) ~1,(~J..(/t 10. CITY ATTORNEY (Admissions Tax - Race Track) v f~ 11. MARGETT (Post Office Temporary Quarters) 35:0128 It was MOVED by Councilmember Margett, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1990 be and it is hereby INTRODUCED. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5725: "A RESOLUTION OF THE CITY OF ARCADIA. TO ACCEPT IN PRINCIPLE THE WEST SAN GABRIEL VALLEY AIR QUALITY PLAN SUBJECT TO THE INDIVIDUAL REQUIREMENTS OF THE CITY". It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote, as follows that, Resolution No, 5725 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Loj eski, Marget!: 'ana Ciraulo None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5726: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING NATIONAL PUBLIC WORKS WEEK". It was MOVED by Councilmember Harbicht, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Resolution No. 5726 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: MATTERS FROM STAFF The City Attorney reviewed the issue of the admissions tax to the race track and the Big Hoss Saloon. His conclusion is that on Friday nights the only charge is for admission into the track with regard to the betting at Santa Anita. Admissions tax cannot be charged for that e';'ent because, basically, it is a racing event and the Big Hoss Saloon is merely an enticement. In accordance with the Tucker Bill, the City cannot add admissions tax. Saturdays, technically, the tax could be added. On Saturdays the only admission charge would be for the Big Hoss Saloon, which is a five dollar charge and the admission tax is 80 cents a ticket. Business License would have to determine whether the capacity for such an event would be 1000. Art Hershey stated that attendance to that event is down, and they will make a ,decision later this summer as to whether or not to continue it. They request that consideration of an admissions tax be deferred until that time. MATTERS FROM ELECTED OFFICIALS Councilmember Hargett referred to the temporary quarters of the U. S. Post Office on Foothill Blvd. and the fact that very little parking is available at that site. He suggested that there might be available quarters in Arcadia with better parking facilities if such a situation should occur in the future. 11 5/18/93 HARBICHT (Planning Director Dismissal) ., J 1. l" ., N~r FASCHING (Bus. Lic.- Telephone Soliciting) (Planning Director Dismissal) ,~:A,/r, . ,,'."'" . 35:0129 "The Council had a two day study session last Friday and Saturday and one of the things thac came out so strongly in that session is that we wanted the citizens to be informed. In that spirit I'd like to take a few minutes to talk about something that is happening in the City that involves one of our employees. That employee is Bill Woolard. Bill has been an employee of the City of Arcadia for nearly his entire career '" twenty-four years. He has been our Director of Planning for something like fifteen years. And a year and a half ago in recognition of Bill's service to the City, he was selected as the Arcadia Employee of the Year. He received a beautiful plaque at the banquet and, I believe, a bonus in the neighborhood of something like five hundred dollars. When the City Council fired our City Manager, George Watts last year (over my objections), Bill Woolard was appointed Acting City Manager and guided our staff through some difficult times until a new City Manager was found. Bill was Ci ty Manager Pro tem to our previous City Manager and was appointed to the same position by our new City Manager, Don Duckworth. I "Bill Woolard was fired yesterday by Don Duckworth, and the reason given to me was that Bill was a 'negative influence'. That does not square with the record. This outstanding employee of twenty-four years was summarily fired by our City Manager of eight months, and I'm just sick about it. In my opinion, Bill Woolard was the outstanding employee in the City, and I don't mean to fault any of the other employees when I say that, because I know that most of them agree with me. Mr. Duckworth informed the City Council of his intentions on Saturday and, other than mine, there was no word of protest. The morale of the City employees has been at an all time low and this action has driven it even lower. I think it's time for me to say publicly what I have told Mr. Duckworth, and what I have told the other members of the City Council. I have become convinced in the last eight months that Don Duckworth is not competent to manage our City, and I am deeply concerned about the future of Arcadia. And, I apologize to Bill Woolard and the rest of the City staff, and I apologize to the citizens of Arcadia that I am powerless to stop these terrible things from happening to our wonderful City." Councilmember Fasching requested that the City Attorney let him know if it is possible to require Arcadia business licenses for persons who do telephone soliciting in the City. The City Attorney responded that he is looking into this matter and will report back to the Council. , , "I am not surprised at Mr. Harbicht' s remarks, and those were his remarks a year ago, and now his remarks about this employee. I think that, given the presentation that was given to us on Saturday, and if you get into the areas... this is where it is very difficult.., you know, these people that are affected have their good points and they are pointed out and their bad points, whatever. But you can't get into these things. When Mr. Harbicht then takes it upon himself to make the statement that he does about Mr. Woolard, I can certainly understand that, having been on the Council for eight years, and Mr. Woolard being with this City for many years. The decision of the City Manager was explained to us fully, and there Were many things there that we had to consider, although it was his decision, When he said he was the only one to object, and no body else objected, I think that the reasoning of the administrator... and I know he doesn't like the current City Manager because he replaced someone else he was close to for many years. But, this is the area that as long as it is on camera and we're making these statements, we just can't get down to the nitty gritty on why everything is done as a body' or as a City Manager in the interests of, not only ourselves, but of the person involved. So, I would like to make I 12 5/18/93 I I CITY ATTORNEY (Planning Director Dismissal) cJ " . , ;(.{ . iV. u J "'\\ ,(1 LOJESKI (City Clerk Staff Salary Deferral) ,-1.1,'. ,,(' (Tom Romano Resignation Sister City Comsn. ) CIRAULO (City Attny. Publication) CIRAULO (In Memory of Robert Paul Strub) 35: 0130 that clear. This City Manager.,. while previously a year ago this City Council just didn't jump the gun and do things that they didn't have full justification and reasons for doing. There were some things that were, I am sure, well thought out on the part of our City Manager and I don't agree with Mr. Harbicht's statement that the morale in this City Hall is at a low point and has been as a result of Mr. Duckworth. I personally feel that our morale in this City Hall is higher than it was when I was here as a Councilman a year ago and the year before that. And, we certainly have direction, and we certainly have team efforts, and we certainly have activities for planning and we're not doing things .,. perhaps... I don't want to use words, you know, I just don't want to get in too deep. But I am not going to sit back and say that we're the bad guys, because I don't believe in that." "Mr. Mayor, let me just say that this discussion already occurred, that under the Government Code I would cautfon against, at this point, any further discussion of what was a personnel matter and was reported by the City Manager, subsequentl~ reported to the Council. It's his decision to make decisions with regard to the department heads and he reported it to the City Council. We have to take into consideration the effect on the employee, and part of this was subject to a reorganization recommendation by the Manager. The Brown Act was designed to protect the employees from being involved in personnel actions. So, from here on out, I would caution against any further discussion, at least by this body, in a public meeting, with that in mind, I appreciate the comments made, but I have to give that legal caution. Thank you." Councilmember Lojeski read a letter received from the City Clerk stating that the staff of the Office of the City Clerk wishes to join with other City staff in deferring a salary increase this year, recognizing that these are difficult financial times for City government. Council extends its appreciation to these employees. It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Harbicht and CARRIED to accept, with regrets, the resignation of Tom Romano from the Sister City Commission. Mayor Ciraulo complimented the City Attorney Michael Miller on his letter published in the May edition of the State Bar Magazine. "I would like to adjourn tonight's meeting in memory of Robert Strub. Robert Paul Strub, Chairman of the Board and Chief Executive Officer of the Los Angeles Turf Club passed away on May 5. Mr. Strub, who was the son of one of the leading founders of Santa Anita Park, held various pos,l.tions at the raCe track, including Chairman of the Board of the Santa Anita Operating Company, and Vice Chairman of Santa Anita Realty & Enterprises. He attended Occidental College, Menlo Junior College, and was a member of the class of 1941 at Stanford University. During World War II, he was captain in'the U. S. Army Signal Corps. Active throughout his career in civic organizations and trade groups within the horse racing industry, he received one of the sport's highest honors, the Eclipse Award of Merit in February as well as being recipient of the first William H. May Award for distinguished service to racing in 1986. His activities outside of racing included his church and the Boy Scout Fair. He received three citations from the late Cardinal James McIntyre in Los Angeles, and was President of the Los Angeles Area Council for Boy Scouts of America. Mr. Strub leaves behind his wife, Betty; seven children;, three sister,s; and nine grandchildren. Mr. Strub was a long-time friend of the City of Arcadia and this is the passing of an era in thoroughbred racing. With that, I adjourn the meeting." 13 5/18/93 .--. ~ 12. ADJOURNMENT (May 25,1993 - 5:30 p.m.) ATTEST: 35: 0131 At 10:24 p. m. the City Council ADJOURNED to Tuesday, May 25, 1993 at 5:30 p.m. in the Conference Room of the Council Chambers for an Adjourned Regular Meeting (Work Session) to conduct the business of the Council and any Closed Session necessary to discuss personnel, Ii tigation matters and evaluation of properties. J 14 5/18/93 'I~.' ~ ! ~ 'I IJ I~ ~i