HomeMy WebLinkAboutMAY 18,1993
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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.
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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,
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5/18/93
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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
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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
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5/18/93
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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.
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AYES:
Agency Members Fasching, Harbicht, Lojeski, Margett and
Ciraulo
None
None
NOES:
ABSENT:
The meeting adjourned to 5:30 p. m., May 2S, 1993.
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5/18/93
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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
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5/18/93
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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