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HomeMy WebLinkAboutJUNE 1,1993_2 I I 0//0- S-n 35:0136 (')(;0/'13 cc 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 11,1993 May 14,1993 May 15,1993 May 17,1993) (APPROVED) ORD. 0. RES. READ BY TITLE ONLY CALIFORNIA NATIONAL GUARD RESERVE OFFICER HOWARD WALKER M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGUUR MEETING JUNE I, 1993 The City Council and the Arcadia Redevelopment Agen~y met in a regular meeting at 7:30 p.m. on Tuesday, June 1, 1993 in the Arcadia City Hall Council Chambers. Rev. Ted Chang, Mandarin Baptist Church Mayor Pro tem Dennis A. Lojeski PRESENT: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None ABSENT: On MOTION by Mayor Pro tem Lojeski, seconded by Councilmember Fasching and CARRIED, the minutes of the adjourned regular meetings (work sessions) of May 11, 1993, May 14, 1993, May 15, 1993 and May 17, 1993 were APPROVED. It was MOVED by Councilmember Harbicht, seconded by Councilmember Margett and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PRESENTATIONS Sgt. Major Gary Andrews of the California National Guard presented a plaque to Arcadia Police Chief Neal Johnson in appreciation for the outstanding support provided, for the second time, by the Arcadia Police Department to the 44th Field Artillery during the period of April 12, 1993 to April 18, 1993 while awaiting the verdict in the Rodney King trial in Los Angeles, from the officers, non-commissioned officers and soldiers of the 2nd Battalion Field Artillery. Sgt. Maj or Andrews said the National Guard has enjoyed a forty plus year relationship with the City of Arcadia. They are sorry that they will be leaving the City. Arcadia has been good to them. They appreciate everything the City has done for them over the years, and especially thank the City and the Police Department for all they did for the National Guard during the recent eight or nine days of anticipated problems in the City of Los Angeles. They also appreciate the support they received the previous year when they spent twenty-one days here in a lot of hot spots. Mayor Ciraulo welcomed Explorers and Police Reserve Officers present in the audienc&. Police Chief Neal Johnson presented a retirement plaque to Police Reserve Officer Howard G. Walker in appreciation for his years 1 6/1/93 35:0137 of dedicated service to the Arcadia Police Department in our community. Howard Walker started in 1948 as a reserve officer. In 1953 he became a regular officer until 1966 at which time he resigned and returned as a reserve officer. Officer, Gar Richman, Arcadia Police Reserve Association presented a plaque to honor Howard G. Walker in recognition of twenty-two years of leadership, dedication and service from the Arcadia Police Reserve. Sgt. Harry Verhiley, President of the Arcadia Police Relief Association, presented a plaque to Howard G. Walker in appreciation of unselfish dedication and endurance 1956 - 1993 from the Arcadia Police Relief Association. Mayor Ciraulo, on behalf of the City Council, presented Howard I Walker with a City plaque in recognition of thirteen ,years as an Arcadia Police officer and Twenty-two years as a reserve officer, dated June 1, 1993, and signed by the Arcadia City Councilmembers. 1. AUDIENCE PARTI~IPATION Jack Saelid, 821 Balboa Drive, stated, "I am a former Mayor of the City of Arcadia and I served for eight years on the City Council. In fact, in those days, I took a great deal of pride in the City Council. And subsequently I did too, until just recently. Two weeks ago our former Planning Director, Bill Woolard ',.as unceremoniously fired by our City Manager of less than one year. The nature of the action precluded my making any comments at that time, and therefore, I would like these comments to be a part of the public record of this evening's meeting. Bill was a very able, professional, conscientious manager of one of the departments of this City for his entire career. He certainly was during the eight years that I served on the Council. He exemplified the very finest that we could want in terms of a public servant. Apparently, this continued because a little more than a year ago, I believe, if I'm correct on this, he was named the Employee of the Year for the City of Arcadia. Yet with little more than a year following that event, he was deemed unacceptable and let go from this City. "I don't really know the new City Manager very well. I met him at one event, but this action reflects very poorly on his performance. But you can't really blame this all on the new City Manager either because, you see, I've sat in your seats. And I know that the City Manager reflects the thinking of the Council. What I am saying there is, if the Council had disagreed, Bill Woolard would still be with us. Or we might even have a new City Manager if he felt that strongly about it. But, no, you went along with it. And here is a man who, for his entire professional career, has been an exemplary employee. And this is the action that you take upon him. I am embarrassed. I am embarrassed by this City Council. I truly am and I am sorry to say that because, as I said earlier, I took a lot of pride in this City. I "During the Councilmanic election campaign almost a year and a half ago, there was talk about a hit list ... that if certain members were elected to this Council, certain things were going to happen. And the denials notwithstanding of our present Mayor, that such a hit list has no validity, I'd have to say that, 'O.K. That's two already of the names that were identified as being on that hit list'. That's all I have to say. Thank you very much." Mayor Ciraulo: "Thank you, Mr. Saelid." Councilmember Fasching: "Mr. Saelid, may I say something?" 2 6/1/93 35:0138 Mr. Saelid: "Yes, Councilman." Councilmember Fasching: In your past eight years here." "I certainly appreciated your remarks. I used to sit out here when you were up Mr. Saelid: "I recall having seen you." Councilmember Fasching: "I've known you for a long time. This Council you're kind of making out here that we are irresponsible." Mr. Saelid: "I would certainly attribute that to..." I Councilmember Fasching: "And that we have a hit list. But, you know, I think it is kind of one-sided. I think, you stated that you sat up here before. Now I think that you will recall that there are many things that go on that you are not privileged to discuss." Mr. Saelid: "Well 1 did hear - - 1 think it was the City Manager or somebody in some level of authority that commented the reason that Mr. Woolard was let go was that" he didn't conform to the new friendly posture, if I might paraphrase words, of this City regarding business and that kind of thing. Well, you know, I think this is begging the point. I think that if there are laws which are unduly burdensome on the business community or on the residents of this community or do not reflect the desires of the community as supposedly represented by this Council, that it is your responsibility to change those laws, but not to tell the staff members, 'look, if you execute these fully, you are going to be reprimanded'. That is discriminatory application of the laws and I don't think that is the way to run a city. It would seem to me that if that was the reason for Bill's ouster, that ought to be addressed." Councilmember Fasching: "Mr. Saelid, you make reference to a hit list that was rumored after the last election by two members that were here and at that time it was requested that the City Manager (inaudible) At this stage then Mr. Duckworth presented to us in closed session at which all of us were present, the reasons for his decision with Mr. Woolard. As intelligent business people and people who are responsible for this City, we listened to Mr. Woolard and we took into mind a lot of things about Mr. Woolard. But yet, it was presented to us. Now the point I go back to with you is that it is perfectly well for you and other members of this community to stand there and tell us what we have done and what we shouldn't do. And yet we are not privileged to discuss with you things that were in closed session. And that is a law, Mr. Saelid." Mr. Saelid: "I can tell you what it is from my purview and I can say now that, while I decry the idea of there being a so-called hit list. In fact ..." I Councilmember Fasching: "There is no hit list." Mr. Saelid: "Well, I discussed that before the last election with several members who were seeking a place on the board and was told there was no such thing, but 1 have to say right now that I think 1 was mislead. Because I have seen this occur and I know what has happened. And it is precisely the kind of thing that was talked about. I also heard that the morale in the City forces is now higher maybe than it has been in a number of years. I would really have to question that., It bothers me a great deal because -- you're a business man -- and 1 don't know how you run your car wash -- but I can tell you that if you want to put together a team of people to work harmoniously and be capable and able, it takes a long time to get those people put together. And I was very pleased to see that you were honoring somebody for his 3 6/1/93 2. 3. 3a. ROLL CALL 3b. MOTOR VEHICLE DETAILING & SALES SHOWROOM (118 La Porte St. ) (APPROVED) 0:':, V() .':;0 3j: 0139 thirty year or whatever tenure here. That was fantastic. I think we ought to have everybody wishing to be with this City for a long period of time. But when you take somebody who has been here twenty-three years and dismiss him like that -- that to me is inexcusable -- particularly one who has exemplified the kind of performance that I believe Bill did." Councilmember Fasching: "Well I appreciate your remarks - - I do -- I appreciate your opinion, but I want you to know that we are hearing one side and that is your side, and we are not privileged to say anything further than we have already said." Mr. Saelid: taken. n "You have to stand behind the action that was Councilmember Fasching: "That's correct and with justification. I But we are not privileged to talk about that. We don~t want to . have any bad opinions about Mr. Woolard. We don't w~nt to cause any trouble for the City. The City Manager felt in the best interests of this staff and this City that he made the right decision. He told us all the reasons why. Now I think that. . . you talked to Mr. Woolard?" Mr. Saelid: "Have I talked to Mr. Woolard? City Attorney: "I am getting a little concerned over this discussion only because it is ... as Mr. Fasching mentioned part of it was involved in a closed session. The reason it was in a closed session was to protect Mr. Woolard. Now as a matter of official record, Mr. Woolard got a six month contract with the City of Arcadia at pay with benefits to help the City during the transition period. He submitted a resignation and that is a matter of official record and that is the status (inaudible) the City Manager 'can give you every rationale he wants. That is the official record. Anything else that might have been reported by the City Manager in closed session to the Council is something the Council knows they cannot legally disclose. And, therefore, I am reluctant to really recommend that this conversation go on any more. I understand Mr. Fasching's interest in wanting to respond but he is being very guarded because he understands what the Brown Act allows and doesn't allow. So, my legal admonition at this point is to recommend termination of any further discussion in this regard and I felt responsible to report the official actions which are resignation and a contract with Mr. Woolard with full pay and benefits for six months. He has assumed the position of Planning Consultant for the City. Thank you." CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Fasching, Harbicht, Lojeski, Margett and Ciraulo None I ABSENT: Mr. J. Clark Knodle has requested permission for a motor vehicle detailing service and sales showroom at 118 La Porte Street, Unit B. Used car sales are prohibited within the redevelopment project area by Resolution ARA-172 , the Agency's Use and Design Requirements and Guidelines. The intent of Resolution ARA -172 is to prohibit large outdoor used car lots. Mr. Knodle states that all cars will be detailed, displayed and stored inside the bUilding and projects selling approximately six cars per month at a cost of $10,000 - $12,000 each. This business could generate between $7,200 and $8,640 per year in sales taxes to the City. Mr. Knodle's request was reviewed and conditionally 4 6/1/93 I I 3c. ADJOURNMENT 4. 5. 5a. PUBLIC HEARING SCHEDULED (June 15,1993) o S--fiO..;)~- 5b. CONTRACT AWARD (Office Supplies) 03.</0 -.3f!J 6. 6a. CONTRACT AWARD - RISK MANAGEMENT & EMPLOYEE BENEFIT REVIEW (ARM Tech) (APPROVED) ff)3 ~tl- "J!) O:J.!lI.!/) -hr;" 35:0140 approved by the Planning Commission. Mr. Knodle will be required to comply with the Planning Commission's conditions, outlined in staff report dated April 18, 1993. J. Clark Knodle, 320 East Colorado Blvd., stated, in response to questions that he does not intend to make any changes to the outside of the building other than placing a small sign on the front. The vehicle detailing will be done strictly on the vehicles to be for sale at that location, and no major mechanical work will be performed there. It was MOVED by Agency Member Fasching, seconded by Agency Member Lojeski and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency GRANT a variance to Resolution ARA-172 and APPROVE Mr. Knodle's request to operate a motor vehicle detailing and sales showroom at 118 La Port Street, Unit B. AYES: Agency Members Fasching, Harbicht, Loj eski, 'Margett and Ciarulo None None NOES: ABSENT: The meeting adjourned to 5:30 p. m., June 8, 1993. CITY COUNCIL RECONVENED CONSENT ITEMS PUBLIC HEARING SCHEDULED for June 15, 1993 for consideration of an appeal to the Planning Commission's approval of Modification MP 93-004, a proposed two-story single-family residence with a subterranean garage and workshop area located at 1863 Oakwood Avenue William Callagy, o>mer; Highlands Home <Nners Association, Architectural Review Board, appellants. Upon recommendations of the City Purchasing Officer after evaluation of the five bids received from office supply vendors, Council AWARDED contract for the purchase of office supplies to the low bidder, Eastman, Inc. THE ABOVE CONSENT ITEM WAS APPROVED ON MOTION BY MAYOR PRO TEM LOJESKI, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: CITY MANAGER The proposed fiscal year 1993-94 budget reflects escalated costs for liability, worker's compensation, property, and health benefit costs. The costs for these programs reflect market conditions, but far exceed increased costs in other areas. Staff has obtained, and submitted to the City Council, a proposal from Advanced Risk Management Techniques, Inc. (ARM Tech), to perform a diagnostic assessment of the City's insurance programs as well as other risk management issues. Staff believes a potential saving to the City exists if effective cost saving measures are identified and implemented in the insurance programs. The cost of the review by ARM Tech will be $12,000 plus out-of-pocket 5 6/1/93 7. 7a. ORDINANCE NO. 1989 (ADOPTED) t)R,)l(} . ~1~1 7b. ORDINANCE NO. 1990 (ADOPTED) f)/!O - -Iol. 7c. RESOLUTION NO. 5728 (ADOPTED) 03:)(J -I () 35:0141 expenses for such items as travel, telephone, report reproduction, etc. (these costs not to exceed $1,500.00). It is hoped to fund this amount by cost savings realized. Considerable discussion ensued among Counilmembers regarding the background and references of ARM Tech. Also discussed were the questions of risk management information which could be made available to City management, and the possible savings of implementing new and improved measures to control escalating insurance costs. It was MOVED by Councilmember Fasching, seconded by Councilmember Margett and CARRIED on roll call vote as follows to AUTHORIZE staff to enter into an agreement with ARM Tech to review the City's risk management and employee benefit programs and AUTHORIZE an appropriation of $13,000 from the insurance fund for said study. I AYES: NOES: Councilmembers Fasching, Lojeski, Margett and Ciraulo Councilmember Harbicht (Since insurance is an' important area, he felt more than one proposal should be evaluated.) None ABSENT: CITY ATTORNEY The City Attorney presented 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:Q 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 LAW AND INCLUDING REFUSE PERMIT FEES FOR SANTA ANITA RACE TRACK". It was MOVED by Councilmember Margett, seconded by Councilmember Fasching and CARRIED on roll call vote as follows that Ordinance No. 1989 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: The City Attorney presented 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 THE SETTING OF PUBLIC HEARINGS". It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Ordinance No. 1990 be and it is hereby ADOPTED. I AYES: Councilmembers Fasching, Harbicht, Lojeski, Hargett and Ciraulo None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5728: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY". 6 6/1/93 I I 7d. RESOLUTION NO. 5729 (ADOPTED) 0:J..30-IO 8. 9. MARGETT (South Arcadia Revitaliza- tion) (Architectural Review Board Public Hearings) o ~;;;lh!)(? rJ '" ~ ,)/~tJ -"'0 HARBICHT A!S,' (Arcadia City Newsletter Financial Options Article) (~/_L.,C - __ ( FASCHING tJ~ f> (Arcadia City :~ewsletter Financial Options Article) 35:0142 It was MOVED by Councilmember Harbicht, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Resolution No. 5728 be and it is hereby ADOPTED. AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: The City Attorney presented and read the title of Resolution No. 5729: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING ICMA RETIREMENT CORPORATION AS A SECOND DEFERRED COMPENSATION PLAN". It was MOVED by Councilmember Fasching, seconded by Mayor Pro tern Lojeski and CARRIED on roll call vote as follow that Resolution No. 5729 be and it is hereby ADOPTED'- AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Councilmember Margett stated, in part, that the financial revitalization project in the downtown area has been well received. He has received telephone inquires about the possibility of some revitalization along Live Oak Avenue in South Arcadia... and this may be the right time to take a look at that area. This is the southern boundary of Arcadia and the City gains a lot of sales tax from this business district and it has been somewhat neglected. Councilmember Margett has had inquires about proposed hearings with regard to an architectural review board. In response to his questions, staff replied that a presentation, including the recommendations of the Architectural Review Committee, will be available in approximately three weeks. A presentation will be made to the City Council, after which further direction can be given to staff with regard to public hearings. Staff anticipates City wide notification of such hearings. Councilmember Harbicht referred to the Spring 1993 edition of the Arcadia City Newsletter which included an article concerning the resolution recently adopted by Council authorizing certain financing options. Councilmember Harbicht felt this is a political article and, as such, is not appropriate to be included in the Newsletter. In his opinion, articles in the Newsletter should be neutral; such political statements and/or rebuttals should be made at the expense of the Councilmembers who wish to make these statements. Councilmember Fasching responded that such a message to the residents in Arcadia is entirely appropriate to be included in the City Newsletter. The decision to include this article was made because there has been a great deal of confusion and misunderstanding in the City with regard to what such financial options might be and whether or not the City Council has any intention of proceeding to implement them. It was important to inform the residents that no such decision has been made at this time. 7 6/1/93 )/,0" '10 '" ~ I' LOJESKI (Newsletter Article) (Boards " Commissions Appointments) o;)/~'O :-<t' 1''' /' HARBICHT (Arcadia Newsletter Article) 01" (I.. .;" FASCHING (Arcadia Newsletter Article) NI~ ) MARGETT (Construction Sites) CIRAULO (In Memory of Chester N. Howard) 10. ADJOURNMENT (June 8',199~ - 5:30 p.m.) ATTEST: 35:0143 Mayor Pro tem Lojeski said, in his oplnlon, the article in the Newsletter is an appropriate informational item and not political in nature. Mayor Pro tem Lojeski reminded the Council that appointments to City boards and commissions will be upcoming in the near future. He suggested that citizen resumes be reviewed by Councilmembers with this in mind. Councilmember Harbicht reiterated his position that the financing options message was inappropriate in the Arcadia City Newsletter. He also noted that this is misinformation in that a return of $70,000 per year on a federally guaranteed investment was never mentioned as a poss ibil i ty. He had been informed that a federally guaranteed investment would return no more than $8,000 to $10,000 annually. Larger returns might be possibfe.on higher risk investments. Councilmember Fasching reiterated that no decision has been'made to utilize the financial option. Council reserved'the option to study the plan. If at any time the City Council would consider any type of bond issue, the public would be made aware of it to receive their reac~ions. Councilmember Margett expressed concern about sites where there is ongoing construction left uncompleted for long periods of time. He would like staff to look at this situation to determine if there is some way to guarantee that construction is completed in a timely manner, and that the sites are maintained in as workmanlike manner as possible while the construction is under way. "Tonight we will adj ourn this meeting to 5: 30 p. m., June 8, 1993 in memory of Chester N. Howard. Chet Howard WaS born on Valentine's Day in 1928 in Richmond, Kentucky. He graduated from' high school in 1948, and from the University of Kentucky in 1952. He moved to California with his wife and children in 1960, and settled in Arcadia in 1967. Chet came to work for the City of Arcadia in 1960 as a Junior Assistant Engineer, and by 1967 was the Public Works Director. He retired in 1989 after a 'cwenty- nine year career, and had the distinction of having built CWo complete City corporation yards during his tenure with the City. Chet Howard was a loyal and dedicated employee whose technical expertise and professionalism contributed to improving the quality of life in Arcadia. He passed away on May 19, and is survived by his wife, Letica, CWo children and four grandchildren. We adjourn this meeting in honor of Chester N. Howard. " At 8:40 p. m. the City Council ADJOURNED to 5:30 p. m., Tuesday, June 8, 1993 in the Conference Room of the Council Chambers for an Adjourned Regular Meeting (Work Session) and to conduct the business of the Council and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. 8 6/1/93 ~<~A9 ~~ J D. Alford, C' Clerk" 1 'I