HomeMy WebLinkAboutNOVEMBER 2,1993_2
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35:0284
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CAlL
OIJO - ~'J.J.
ASSIST.
CITY MANAGER/
COMMUNITY
DEVELOPMENT
DIRECTOR
(Bill Kelly)
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
NOVEMBER 2, 199'1',3 ~CL-
The City Council and the Arcadia Redevelopment Agency met in a
regular meeting Tuesday, November 2, 1993 at 7:30 p, m. in the
Arcadia City Hall Council Chambers.
Bishop James Corrigan, Church of Jesus Christ, Latter Day Saints
Fire Chief Gerald Gardner
PRESENT:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
ABSENT:
Mayor Ciraulo introduced and welcomed Mr, Bill Kelly, the new
Assistant City Manager and Community Development Director, Mr.
Kelly will be in charge of the Economic Development, Planning and
Building Departments. Mayor Ciraulo also thanked Acting Planning
Director Donna Butler who was in charge of the Planning
Department before Mr. Kelly's arrival.
MINUTE On MOTION by Mayor Pro tem Lojeski, seconded by Councilmember
APPROVAL Harbicht and CARRIED, the minutes of the September 28, 1993 and
(Sept.28,1993)October l2, 1993 work sessions, and the adjourned and regular
(Oct.5,1993) meetings of October 5, 1993 were APPROVED.
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
ARCADIA
FESTIVAL
OF BANDS
It was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem
Lojeski and CARRIED that ordinances and resolutions be read by
title only and that the reading in full be WAIVED.
PRESENTATION
Mayor Ciraulo noted that this is the 40th year of the Festival
of Bands and read a Proclamation: "WHEREAS the Arcadia Festival
of Bands, formerly the West Arcadia Band Review, and the Grand
Classic Field Show have been in existence for forty years; and
WHEREAS the top forty high school bands of Santa Barbara to San
Diego are invited to attend this prestigious event; and WHEREAS
this is one of the very few band competitions left in Southern
California, and is considered to be the finest competition of its
kind, now I, Joseph C, Ciraulo, Mayor of the City of Arcadia, do
hereby PROCLAIM the month of November 1993 to be Arcadia Festival
of Bands month, and on behalf of the City Council and the
citizens of Arcadia do extend best wishes for great success of
this special event in our community on Saturday November 20,
1993". The Proclamation was presented to Joe Cork, Chairman,
Executive Planning Committee, Arcadia Festival of Bands,
1. AUDIENCE PARTICIPATION
f'/t;;,) .,...',() Lee Merritt, 329 San Luis Rey Road, stated, in part, that he and
11I.$ P his family have been disturbed by the musical entertainment
groups which have been appearing on Saturday evenings at Santa
Anita Race Track. Three weeks ago there was a particularly loud
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2.
3.
35:0285
rock concert; later during the concert the noise was turned down;
but still was unacceptable, He has investigated the City
ordinances regarding loud noise, and thinks that the events at
the race track are in violation of these ordinances. A letter
from Mr, Beckworth of Santa Anita indicated that the decibel
levels are within the levels applied by the City ordinance, He
feels this is still a public nuisance. He is concerned that
Council may not be enforcing the noise o~~inance where the race
track is concerned,
Gus Alfaro, l4l West Forest Avenue, stated, in part, that he is
present to protest the actions of the Police Department which
resulted in his son being stopped and questioned three times by
police officers with no justification. He feels that his son is
being targeted and harrassed by the police simply because of his
looks. The police say he looks suspicious. He and Mrs. Alfaro
have notified the Arcadia School Board and administrators and
have made a formal, written complaint to the Police Department.
The City Attorney stated that, since a written complaint has been
made, an investigation will be conducted in accordance with City
policy and procedure.
-I
Alicia Alfaro, l4l West Forest Avenue, stated, in part, that she
is present to expand on Mr. Alfaro's remarks. She explained that
her son is fourteen years old, is in the eighth grade, but is
tall for his age, so he appears to be older than he is. Mrs.
Alfaro met with the Police Watch Commander after one of the
incidences of her son being stopped by police officers in an
endeavor to solve this matter. Subsequent to that, her son while
attending a junior high school football game, was questioned by
two police officers using racial slurs, and then directed to sit
in a particular section of the bleachers, She and Mr, Alfaro
have made a formal written complaint, and are present to ask the
Council to investigate this matter fully, Mayor Ciraulo stated
that an investigation will be under way.
Eric Chanev, 141 West Forest Avenue, nephew of Mr. and Mrs.
Alfaro, stated, in part, that he has also been aware of his
cousin's problems with Arcadia police, He had attended Arcadia
High School. Other Hispanic children have had similar problems.
The family has taught the children respect for the police, but
the Council should control the actions of the police.
James Fox, 215 San Luis Rey Road, stated, in part, that he is
also present to complain about the noise from the race track
because of their new policy of presenting rock and country music
groups. Information he received from race track personnel
indicated that the decibel level was at or below that allowed by
City ordinance. He thinks perhaps the testing should be done at
a different site or time because this music is very loud in his
area.
Ben Serar, 400 San Luis Rey Road, stated, in part, that he is
also present to' complain about the loud music from the race
track. He referred to City Ordinance No. 4630 stating that
unnecessary, unusual loud noises which disturb the neighborhood
are banned. He feels that decibel levels should be measured at
the race track property line. He understands that race track
revenues are down and that additional income must be realized,
but he does not believe the music concerts should be continued
unless the noise level can be brought under control so that the
neighbors nearby will not be disturbed. Perhaps such events
should be subject to a review process.
I
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
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3a.
ROLL CALL
3b.
MINUTE
APPROVAL
(Oct.5,1993)
(APPROVED)
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35:0286
PRESENT:
Agency Members Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
ABSENT:
On MOTION by Agency Member Margett, seconded by Agency Member
Harbicht and CARRIED, the minutes of the meeting of October 5,
1993 were APPROVED.
3c.
HAYES & CO. On October 6, 1992, the Agency awarded an exclusive real estate
EXCLUSIVES brokerage contract to Hayes and Company for the purpose of
COMM. R. E. marketing the Southwest and Northwest Corner sites (Huntington
BROKERAGE Drive and Second Avenue) for a six month period. This contract
CONTRACT was extended on May 4, 1993 for an additional six months. Hayes
(One Year and Company has requested a one year extension of the exclusive
Extension) listing contract to November 2, 1994. The terms and conditions
(APPROVED) would remain the same as the initial contract.
Ot;;iO.. r' (1'1'16
It was MOVED by Agency Member Harbicht, seconded by Agency Member
Lojeski and CARRIED on roll call vote as follows to APPROVE a one
year extension to the exclusive contract for commercial real
estate brokerage services with Hayes and Company subject to
approval by Agency General Counsel as to form.
3d.
ADJOURNMENT
4.
5.
CIRAULO
(Los Angeles
Area Fires -
Emergency
Operations
Center -
Preparedness)
u'l'10-V_~
A/sP
AYES:
Agency Members Fasching, Harbicht, Lojeski, Margett
and Cirualo
None
None
NOES:
ABSENT:
The meeting ADJOURNED to 7:00 p. m., November 16, 1993.
CITY COUNCIL RECONVENED
MATTERS FROM ELECTED OFFICIALS
Mayor Ciraulo stated that with regard to the terrible fires close
to our area last week, the Emergency Operations Center at Fire
Station No 1 was activated Thursday morning as a precaution. As
the fire came closer to our community, that was upgraded to a
full alert status. He was proud and pleased with all City
employees as they went to work and manned their stations --
everyone knew exactly what he had to do. The money spent over
the years on disaster preparedness has been well spent. All the
fire fighters were out on the line; we were involved in the
mutual assistance program and dispatched an engine crew to the
Laguna Beach fire. Back-up crews were available for any
emergency that might occur in the City. All the off-duty fire
fighters were recalled. All the police who had worked all night
were held over. The Public Works Department people quickly put
traffic barricades in place in the northern part of the City for
the benefit of emergency vehicles and possible evacuations. The
Red Cross was on duty. Disaster areas were established for people
being evacuated. He is grateful to live in this community with
all these people who worked so hard .- the City employees who
manned the telephones; people from Water Department who assured
that there was sufficient water pressure; Los Angeles County
established a heliport on the Bluth hill at the northern part of
the City, and water was taken out of the tanks for the helicopter
drops which helped the fire fighters a great deal. The fire
fighters got a few hours sleep that night at the E.O.C. and were
soon back on duty. Some went over twenty-four hours without any
break. All this was heartening. Many citizens called in to
volunteer their help. Several restaurants stayed open late and
made pizzas for the fire fighters and police on the lines.
Arcadia escaped without any structural damage; without anyone
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11/2/93
CIRAULO
(1994
Pasadena
Rose Queen)
HARGETT
(Fire
Disaster)
(Arcadia
Dial-A-
Ride)
~ S' .30-,"; J
N.5/'
(Arcadia
Property
Tax
Billing
Error)
03 ~() - 7<'-
AI.sP
(Century
Freeway)
(Arcadia
Preparedness
Fire
Emergency -
Report)
";:r''1f) - ;11\
II/'>P
(S G Basin
Water Qual.
Authority -
Brochure)
35:0287
being injured. Fire Chief Gardener .said that Arcadia has now
dispatched a fire crew to help fight the ~alibu fire.
Mayor Ciraulo announced that the 1994 Pasadena Tournament of
Roses Queen is from Arcadia. and Arcadia is very proud of her.
This is the twenty-ninth year that the Arcadia Tournament of
Roses Association will be involved in the parade.
Councilmember Margett agreed with Mayor Ciraulo's comments about
the City response to the fire disaster. He also noted
contributions by the School District.
Councilmember Margett noted that he has received telephone calls
from persons in the county area complaining that Dial-A-Ride will
not pick them up. Dave Feinber~, City staff, responded that,
because of Dial-A-Ride' s stated municipal service boundaries,
Arcadia receives federal, state and local funds that other cities
do not. The Arcadia Dial-A-Ride has three times as many vehicles
and ridership as some of the neighboring cities. There may be
a short fall in terms of service boundaries, but this is made up
in service hours and vehicles. The riders can transfer to the
Monrovia, Pasadena or Sierra Madre Dial-A-Ride vehicles. The
county has an arrangement with Monrovia Dial-A-Ride to cover the
county pocket. Also, there is a special transportation service
for persons who are disabled which will take them wherever they
wish to go.
I
Councilmember Margett further stated that he has been rece~v~ng
telephone calls regarding an error in the billing of property
tax. Jim Dale, Finance Director responded that Arcadia has five
different lighting districts and the Finance Department
calculates a tax rate to cover the agreed upon cost and transmits
that rate to the county. When this was done, the figure for Zone
B should have been .Ol but was ,I The county has been contac ted,
and a new tax bill is going out which will explain the error.
Councilmember Margett said he recently traveled the newly opened
Century Freeway to LAX. This is a state-of-the art freeway and
he was very impressed.
Councilmember Margett stated that in view of the recent fire
emergency, we need to focus priori ties, 1. e., do we need
additional fire protection in the foothills; is there sufficient
water pressure; is there sufficient brush control? The two tanks
in the foothills will be taken into consideration. The residents
should be apprised of what is being done to relocate them. Mayor
Ciraulo noted that during last week's fires, water was taken from
those tanks for the helicopter drops. Councilmember Margett
requested that staff prepare a report to the Council and to the
citizens of the community assuring them of our resources for fire
protection. Further, Councilmember Margett questioned when Mr.
Bluth's tanks would be relocated to Monrovia.
Councilmember Margett said that he is Vice President of the San
Gabriel Basin Water Quality Authority. This agency has a
brochure available detailing contamination problems, how to clean
contaminants, how to dispose of contaminants, etc. Also included
are telephone numbers 'for help with contaminant disposal.
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HARBICHT Councilmember Harbicht noted, with regard to Councilmember
(Report of Margett's questions about a fire report, that such a report is
Arcadia Fire already available. An independent insurance authority has just
Dept. recently completed a review of the Fire Department which covered
Preparedness) water pressure, number of fire hydrants, where they are located,
(() Y'IO. 'l\ circulation plan of streets, etc. After completion of the
review the Arcadia Fire Department was granted a Class I rating,
"'~I' '
,v~ so the residents should be reassured.
HARBICHT
("Parachute"
Kids)
Councilmember Harbicht commented that there recently was a gang
shooting in Arcadia. No Arcadians were involved, but it occurred
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11/2/93
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HARBICHT
CONT'D
("Parachute"
Kids)
tJt{70.~,
Aj'f-
(Palm Fronds -
Poss. Fire
Hazard)
FASCHING
(Santa Anita
Race Track
Noise
Complaints)
:)/~",-O- ,":)0
NSP
("Adopt-A-
Street"
Offer)
(Rodeffer
Landfill
Tipping Fees
Revenue)
, 'I'
~
35:0288
in Arcadia, and this is cause for concern. Every effort is being
made to keep gang activity out of Arcadia. Arcadia is primarily
concerned with Asian gangs. The Police Department says there are
no gangs based in Arcadia, but some Arcadia kids are members of
gangs outside of the city. One of his concerns in this regard
is that of "parachute" kids who come from another country to go
to school in Arcadia, but their parents do not live here. These
teenagers live with little or no adult s":,ervision. In these
instances, the taxpayers are paying to educate these children who
are not citizens. The parents do not live here so are not
contributing to the tax revenue of this State. There are times
during teenage years when kids need guidance and a parental hug,
and support which these kids are not getting. A gang can then
become the family, creating a high risk of being drawn into gang
activity. Also, these homes with no adult supervision can become
safe houses or gathering places for gangs.
Councilmember Harbicht thinks the City should begin considering
this matter. He would like information from the Police
Department reo I) approximately how many "parachute" kids live
in Arcadia and where they live; 2) is this practice legal and
what laws might their parents be breaking; 3) if the police know
or think they know who the people in Arcadia are who are acting
as facilitators to being the kids in; and what laws or pressures
can be brought to bear to put a stop to this activity; 4) what
is the attitude of the School District to this problem - do they
seek these kids out and attempt to put a stop to this - do they
want these kids . are they cooperative in trying to find them;
5) what can Council do to help the Police Department address this
issue - do we need laws passed, actions taken, budget passed,
etc. to allow them to do this?? This is not a question of
racism. Any 15, 16, or 17 year old child living thousands of
miles from his family without any full time guidance is a
potential for disaster, not only for the child, but could have
a significant effect on the community. He does not think this
situation should be allowed to exist in Arcadia any longer. He
will do whatever he can, and Council, to help the Police
Department address this problem.
Councilmember Harbicht would like a recommendation from the Fire
Department and/or Public Works Department as to whether or not
dead palm tree fronds pose a significant hazard in spreading
fire.
Councilmember Fasching stated, with regard to the complaints of
noise at Santa Anita race track, it is possible that the decibel
level tests which showed no readings exceeding allowable levels
may not be accurate. Council is sensitive to noise and
disturbances to the residents, as well as to the needs and
privileges that Santa Anita can enjoy as a private entity.
Santa Anita has been the City's best business partner, as well
as one of the biggest providers of revenue to the City. Santa
Anita has always been cooperative when problems have arisen. He
is confident that a solution will be found for this problem,
Perhaps the speakers can be moved so they will be facing the race
track. In reply to Mr. Merritt's concern about special interest,
Councilmembers attend many functions of different groups. There
is no special significance where Santa Anita is concerned.
In reply to a question from Councilmember Fasching, the Public
Works Director replied there is to be a meeting next week with
Mr. Chin representing a group that wants to "adopt a street" .
namely, Campus Drive. Apparently the group plans to help pick
up trash, beautify the street, etc. More detailed information
will be available following this meeting.
Councilmember Fasching requested information as
revenue to the City from tipping fees in the event
landfill is developed.
to possible
the Rodeffer
5
11/2/93
FASCHING
(Arch.Design
Rev.Bd.
So.Arcadia)
OS;-;).o- .;20
N~P
HARGETT
(Arch. Design
Rev.Bd.
So.Arcadia)
CIRAULO
(Arch. Design
Rev.Bd.
So.Arcadia)
0<,' ..2('1 -'.f'}
1'1/,,>[ .
HARBICHT
r S' ,\ ::"(Arch.Design
N$ P Rev.Bd.
So.Arcadia)
CITY
ATTORNEY
(Arch.Design
Rev.Bd.
So.Arcadia)
LOJESKI
(Arch.Design
Rev.Bd.
So.Arcadia)
(JS ',:{O. .:J"l
"'~". ,
Vlf.'!o,....
LOJESKI
(Fire
Disaster)
;'.!t1'VQ
It! ~;rl
(ComposUng
Program)
(~I<' ..': (" - o"{
IVS?
(Armory -
Grass
Planting)
o 7'~O _Ia
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35:0289
Recently the Planning Commission voted 3 - 2 not to approve Text
Amendment 93-003 to create an Architectural Design Review Board
for Southern Arcadia. At a later discussion Planning
Commissioner Daggett explained his reasons for voting against the
Text Amendment and felt that he had not had sufficient
information. A study session with the Planning Commission was
suggested to review their findings.
Councilmember Margett supported Councilmember Fasching's
suggestion to re-study staff and committee recommendations on
this proposed Text Amendment. He volunteered to work to get
petitions signed.
Mayor Ciraulo stated that he has no interest in taking any more
action on the issue of the Architectural Review Board for
Southern Arcadia. He is satisfied with the process. There was
a detailed study by the established committee and recommendation
to the Planning Commission not to consider it. The Planning
Commission reviewed the matter and chose not to recommend it to
Council. He is satisfied with the process and as far as he is
concerned, the issue is ended.
I
Councilmember Harbicht said it is important to note that the City
enclosed notices of that public hearing in every single water
bill and there were press releases. This was probably the most
publicized public hearing the City has ever had and no one showed
up. It died for lack of interest.
The City Attorney stated that since this matter is not on the
agenda, action can not be taken this evening. The City Attorney
office and Planning Department will review the Municipal Code
with regard to certain sections which may pertain to this issue.
Mayor Pro tem Lojeski stated, in part, that he agreed that the
Architectural Review Board public hearing had more publicity than
any other public hearing, with announcements in the water bills,
an article in the City Newsletter and published' notices,
Councilmember Margett even announced it at one of the televised
Council meetings. There was representation from segments of the
community who are not in favor of an Architectural Review Board.
There were very few citizens who responded in favor. The
procedure is basically sound, and there is little citizen
interest or excitement with regard to this matter at this point.
He appreciated Commissioner Daggett's comments, but perhaps those
comments could have been made during the committee sessions or
hearing.
Councilmember Fasching will consult with the City Attorney and
would like to bring this back for a formal vote as an agenda
item.
Mayor Pro tem Lojeski expressed appreciation to the city
employees for the job they did during last week's fire emergency.
He also appreciated the quality of the citizenry who offered
assistance. It was very heartening to see how everyone helped,
He is particularly grateful to the safety service people, who put
in long hours, along with other employees.
I
Mayor Pro tem Lojeski referred to the composting program which
the City has initiated. The City enclosed flyers with the water
bills authorizing purchase of a compost bin at a reduced rate to
the first 100 callers. These first 100 calls came in rapidly,
People appeared at the presentation of composting techniques, and
it was a very good program.
Mayor Pro tem Lojeski said that the City has spent money at the
Armory site installing water sprinklers in the front. However.
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11/2/93
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6.
6a.
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35:0290
the rear is a shambles and possibly is a hazard. He would like
to see some grass seed planted there and see that it be watered.
CONSENT ITEMS
Considered separately (see page 8 )
6b. c),),)O-.'I.C
MEDICAL APPROVED request for medical leave of absence for Police Officer
LV/ABSENCE Sharleen Wilson from October 28, 1993 through January II, 1994,
(Sharleen
Wilson -
Police Dept.)
6c.
Considered separately (see page 8)
6d.
RENEW AGREE- APPROVED the service agreement between the City of Arcadia and
MENT ARCADIA/ the County of Los Angeles to provide weed abatement services for
L.A.CO. an additional five year period from July I, 1994 through June 30,
(Weed Abat'mt 1999.
Serv.- 7/1/ ~
94-6/30/99) Dvvv_ -,;)
1"'/0 .-,),0
6e.
WORK ACCEPTED
(Concrete/
Drain'ge
Gutter
Remov'l &
Reconst'n -
Alley So.
Htg.Dr./Sta.
Anita/First
Av.- Job
No.530)
6f.
CONTRACT AWARD
(1993-94
Tree Maint.
Program -
Var.Streets
Job No.577)
6g.
CONSENT TO
L.A.CO.
(Resurf.
Michillinda
fr. Colo.
Bl. to Sunse t
Bl. - Job
No. 529
AGREEMENT
APPROVED
(Arcadia/
L.A.CO.)
ACCEPTED the project and AUTHORIZED final payment to be made in
accordance with the contract documents to Moreno Asphalt and Seal
Coat for reconstruction of alley south of Huntington Drive
between Santa Anita Avenue and First Avenue - Job No. 530 . CDBG
Project No. D-92619. The 10% retention payment becomes due and
payable 35 days after Council's acceptance of work, and will only
be released upon completion of all corrections of record.
<)<7,;((._, ' -.
AWARDED contract in the amount of $47,227.00 to Trimming Land
Company, Inc. for 1993-1994 tree maintenance program on various
streets - Job No. 577. WAIVED any informalities in the bid or
bidding process; and AUTHORIZED the Mayor and City Clerk to
execute a contract in a form approved by the City Attorney.
0'1 ,:: ',-
CONSENT to Los Angeles County jurisdiction for resurfacing of
Michillinda Avenue from Colorado Boulevard to Sunset Boulevard .
-Job No. 529; APPROPRIATED $35,000 from State Gas Tax Funds to
cover the City's remaining share of the project costs, including
construction, inspection and contingencies; ADOPTED Resolution
No. 5751 (see Item 8d, below); and APPROVED the Agreement between
the City of Arcadia and Los Angeles County; and AUTHORIZED the
Mayor and City Clerk to execute said Agreement in a form approved
by the City Attorney.
.J 1? .< c~ _ S"'O
THE ABOVE CONSENT ITEMS 7b, 7d, 7e, 7f, and 7g WERE APPROVED BY
MAYOR PRO TEM LOJESKI, SECONDED BY COUNCILMEMBER FASCHING AND
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
NOES:
ABSENT:
7
11/2/93
6a.
CONTRACT AWARD
(Aerovironment
Hazardous
Waste
Assess't -
Armory Site)
(APPROVED)
O';J:J 0-10
6c.
EQUIP.
PURCHASE
(Office
Furniture -
Finance)
(APPROVED)
O.:s'(O_3()
6h.
DESIGN REV.
(3rd Story
Addition -
Robinson's-
May Bldg.
Santa Anita
Fashion Park)
(APPROVED)
vi..,;... ,"If)
7.
7a.
WILDERNESS
PRESERVE
(Revised Fee
Schedule)
(APPROVED)
r)'J'IO-/eJ
35:0291
Consideration of a request for approval of the contract with
Aerovironment for hazardous waste assessment and testing at the
Armory site. The Assistant Director for Economic Development
stated in response to questions from Mayor Pro tem Lojeski that
at the time of the negotiations of the purchase agreement with
the California Departments of the Military and General Services,
language was put into the contract to the effect that, in the
event hazardous waste should be discove~~d, the State will be
responsible for its clean up. The State was adamant that there
was no contamination. At that time there was no necessity for
testing because of the fact that the State would be responsible
for any clean up required. Now the City is in a situation where
it has to have documentation that the property is clean, and it
must be checked.
I
It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows to APPROVE
the contract with Aerovironment, Inc. to provide environmental
assessment and limited soils testing services for an estimated
cost of $7,000. Funds are budgeted in the FY 1993-94 Police
Department Capitol Budget (Demolition and Clearance of Armory
Property) .
AYES:
Councilmembers Fasching, Harbicht, Lojeski. Margett
and Ciraulo
None
None
NOES:
ABSENT:
It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows to APPROVE
appropriation of $4,500 from the Equipment Replacement Fund
balance for the purchase of desks/work stations in the Finance
Division.
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
NOES:
ABSENT:
Consideration of design review of exterior elevations of a
proposed third-story addition to the current two. story expansion
of the Robinson's-May building at 400 South Baldwin Avenue as
part of the Santa Anita Fashion Park Mall expansion. In response
to questions from Mayor Pro tem Lojeski, staff responded that the
expansion is for retail space only, and that the parking
requirements are being met.
It was then MOVED by Mayor Pro tem Lojeski, seconded by
Councilmember Margett and CARRIED on roll call vote as follows
to FIND that the proposal is in compliance with Architectural
Design Review criteria; and APPROVE the exterior elevations for
a third-story addition to the current two-story expansion of the
Robinson's-May department store at 400 South Baldwin Avenue.
I
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
NOES:
ABSENT:
CITY MANAGER
Consideration of elimination of Wilderness Preserve weekend fee
for residents, and related issues regarding preserve usage,
Because of overcrowding and concern for potential problems, the
City Council has closed Wilderness Preserve to the general public
on weekends. Organizations and small groups will continue to
8
11/2/93
'.
I
7b.
CABLE
tELEVISION
RAtES
REGULAtION
(APPROVED)
t~h:'IfI- ~.~ ;/.
RESOLUTION
NO. 5754
(ADOPTED)
.JY.I() - .:';~)
I
7c.
EMPLOYMENT
AGREEHEIlT
EXTENSION
(Woolard)
(APPROVED)
-' ~ J:: ..-":'1
-~
35:0292
use the park on weekenda, on a reservation use only. At the City
Council meeting of September 7, 1993, a fee schedule for
reservation. use was approved. Per Council request a revised fee
schedule has been established. the fee to reserve a picnic area
would be changed from $10.00 to no charge for residents of the
City. The maximum number of visiton for picnic area reservation
is twelve, there is no minimum. In response to questions from
Council, staff responded that contact has been made with the
Pasadena HWll&ne Society, and a propo.al for the Wilderness
Preserve is being drafted. this should be available for
presentation to Council within the next three to four weeks.
It wu KOVED by Kayor Pro tem Lojeskl, seconded by Councilmember
Fasching and CARRIED on roll call vote a. follow. to APPROVE the
revised fee schedule in accordance wlth staff report dated
November 2, 1993, to be effective November 13, 1993.
AYES:
CouncillUmber. Fa.ching, Harblcht, Loj eskl , Hargett
and Ciraulo
None
None
NOES:
ABSENT:
Consideration of reco_ndation to regulate cable television
rate.. With the adoption of the Cable television ConsUlllu
Protection and Competltlon Act of 1992, local cable franchisers
have been granted the abllity to regulate Buic Only service
rate. and equlp..nt rental related to tho.e rate.. One of the
original intents of the Cable Act wu to regulate all rates
charged by the cable industry for cable .ervice., however, the
legislation wa. only sOlUwhat succe..ful. Through the
negotiatlon proce.. of the bl1l, citie. ultimately retained the
right to regulate first tier or Basic Only service level of
coverage, whlch under the CableVision franchise includes the
broadcut channel. (ABC, CBS, NBC, FOX, KTLA, KCAL, KCET, KCOP
and other mlnor .tations) a. well as the City'. public access
channel (Chanxlel 3). Citi.. can abo regulate the rental of
equip..nt from the franchisor. the City's ability to regulate
rate. i. .1sa1flcantly controlled by the FCC and the Cable Act,
Although the Clty'. authority 1& lillited, the ability to regula ce
Bulc Only ratea will guarantee the .ub.criber. that the Baslc
,Only rate. charged are falr and approprlat. consi.tent with th.
FCC and the Cabl. Act.
the Clty Attomay pr...nt.d and read the tlel. of Re.olution :>0.
57 S4: . A RESOLUTION or tHI CItY CQUl'lCIL or tHI CITY OF ARCAO [A.
CALIF01lNlA, AtmIOlUZIHC tHI CItY or AllCADIA to REGUlATE f'lRST
tIEIl 'BASIC ONLY' CABLB tELBVISIOIf RATES PUllSUANT to THE CABLE
tELEVISIOIf CONSllMEIl PROTECTION AND COMPBTITIOIf ACT OF 1992-
It was KOVED by CouncilJUmber Hllrblcht, seconded by Councilmemb..
Fasching and CARRIED on roll call vote a. follows that Resolu:,,~
No. 5754 be and it is hereby ADOPTED.
AYES:
Councilmember. Fasching, Harbicht, Lojeski, Mar5e::
and Ciraulo
None
None
NOES:
ABSENT:
Consideration of legal authorizatlon for the four month extension
of the Employment Agreement with W. Woolard for community
development and planning transition servlce. to the City. Mr,
Woolard will remain subject to the term. and conditions of the
existing agreement.
It was KOVED by Mayor Pro tem Lojeski. seconded by Councilmember
Harbicht and CARRIED on roll call vote as follow. to RATIFY the
four month extension of the employment agreement with W. Woolard
for community development and planning transition services to the
City, from November 26, 1993 to March 26, 1994; and APPROPRIATE
9
11/2/93
8.
8a.
ORDINANCE
NO. 1997
(ADOPTED)
03";-~~ ,~
8b.
ORDINANCE
1998
(ADOPTED)
0.3 ~ '0. ~!>
05-'jjO. (. \
35:0293
the sum of up to $39,703 from the general fund to apply to the
extension period.
A brief discussion ensued. Councilmember'Margett stated in part
that he believes an extension of Mr. Woolard's agreement would
amount to government: acting with its heart, and not acting
correctly with propriety. Mr. Woolard had a substantial, fair
termination package of $8,000 a month for six months. Not many
people in the public sector receive this kind of a package at
termination of employment. The original six month agreement was
ratified by the Council and agreed to by Mr. Woolard. To extend
the agreement for four months would be setting a bad precedent,
in his opinion. Moreover, the City really can not afford to do
this. The City had to go into reserve funds last year to balance
the budget ... and to then spend monies to extend this contract I
is totally inappropriate and would cost the City $32,000 plus
another $16, 000 for benefits. This is not to say that he
dislikes this employee or anything like that, but, to spend City
money this way is a totally inappropriate use of tax dollars.
He will not vote to extend this agreement.
Councilmember Fasching stated in part that he will not vote to
extend Mr. Woolard's agreement for four months ... he is looking
at the expenditure of taxpayer's money, and the cost of living.
The expenditure of $48,000 to extend this agreement ... a lot of
people can get by on $48,000 for a year. He does not think a
person needs $8,000 a month to live on ... so why should they
receive $8,000 when perhaps they could live on $3,000 and then
bank $5,000. Extending this agreement four additional months is
a misuse of taxpayer dollars.
AYES:
NOES:
Councilmembers Harbicht, Lojeski and Ciraulo
Councilmembers Fasching and Margett (for reasons so
stated. )
None
ABSENT:
CITY ATTORNEY
The City Attorney presented and read the title of Ordinance No.
1997: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING SECTION 2671 OF THE ARCADIA MUNICIPAL CODE
TO APPLY THE UTILITIES TAX TO CELLULAR ACCESS CHARGES..
It was MOVED by Councilmember Hargett, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that Ordinance
No. 1997 be and it is hereby ADOPTED:
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
I
NOES:
ABSENT:
The City Attorney presented and read the title of Ordinance No.
1998: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
ADDING KARAOKE REGULATIONS TO THE ARCADIA MUNICIPAL CODE" .
It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that Ordinance
No. 1998 be and it is hereby ADOPTED.
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
NOES:
ABSENT:
10
11/2/93
I
I
8c.
RESOLUTION
NO. 5750
(ADOPTED)
ell:Jt'.. f()
8d.
RESOLUTION
NO. 5751
(ADOPTED)
() 5'"<;"0 _ <;." 0
8e.
RESOLUTION
NO. 5752
(ADOPTED)
r')d,'!CJ '., '
RESOLUTION
NO. 5753
(ADOPTED)
;").;J,!:d.. ..0
RESOLUTION
NO. 5755
(ADOPTED)
/):):S(,. "
, -,
35:0294
The City Attorney presented and read the title of Resolution No.
5750: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DESIGNATING THE ARCADIA BEAUTIFUL COMMISSION AS THE
ARCADIA TREE COMMISSION FOR PURPOSES OF THIS RESOLUTION AND
ESTABLISHING A COMPREHENSIVE CITY-OWNED TREE MANAGEMENT PROGRAM".
On October 14, 1993, staff presented to the Arcadia Beautiful
Commission and City Council Liaison, Mayor Pro tem Lojeski, the
concept of Arcadia becoming a "Tree City, USA", and the
Commission also becoming the "Arcadia Tree Commission". The
purposes of becoming a Tree City USA are recognition that the
City has an effective public (City-owned) tree management
program, to contribute to the City's pride, and to put the City
in touch with other communities and resources which can help the
City improve its program.
Councilmember Harbicht did not think this tree management program
'is necessary; there is a competent staff to manage the tree
p~ogram which has been doing so for a number of years. This is
another level of bureaucracy which may interfere with the ongoing
program the City currently has in place. .
It was MOVED by Mayor Pro tem Lojeski, seconded by Councilmember
Margett and CARRIED on roll call vote as follows that Resolution
No. 5750 be and it is hereby ADOPTED; PROCLAIM March 7, 1994 as
Arbor Day, and AUTHORIZE the Mayor to sign the Proclamation; and
DIRECT staff to prepare an application to the State Forester for
Arcadia to be recognized and designated as a Tree City, USA.
AYES:
NOES:
ABSENT :
Councilmembers Fasching, Lojeski, Margett and Ciraulo
Councilmember Harbicht (for reasons so stated)
None
The City Attorney presented and read the title of Resolution No.
5751: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF A PORTION OF
MICHILLINDA AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF
HIGINAYS OF THE COUNTY OF LOS ANGELES".
It was MOVED by Councilmember Harbicht, seconded by Councilmember
Fasching and CARRIED on roll call vote as follows that Resolution
No. 5751 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,
5752: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA.
CALIFORNIA, ESTABLISHING COMPENSATION FOR VARIOUS POSITIONS OF
GENERAL EMPLOYEES FOR FISCAL YEAR 1993-1994"
The City Attorney presented and read the title of Resolution No,
5753: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA ESThBLISHING COMPENSATION FOR VARIOUS POSITIONS OF
MANAGEMENT EMPLOYEES FOR FISCAL YEAR 1993-1994".
The City Attorney presented and read the title of Resolution No.
5755: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA ESTABLISHING COMPENSATION FOR VARIOUS GRANT EMPLOYEES
FOR FISCAL YEAR 1993-1994".
It was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem
Lojeski and CARRIED on roll call vote as follows that Resolutions
No. 5752, No. 5753 and No. 5755 be and they are hereby ADOPTED.
11
11/2/93
9.
CITY
ATTORNEY
(Banner
Permit
Request -
Methodist
Hospital
(APPROVED)
() (5"0 -:3 e
10.
ADJOURNMENT
(Nov.16.1993
7:00 p.m.)
ATTEST:
/ ~
D. Alford,
35:0295
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett,
and Ciraulo
None
None
NOES:
ABSENT:
MATTERS FROM STAFF
On recommendation of the City Attorney, it was MOVED by
Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and
CARRIED, that pursuant to Government Code Section 54954.2, the
need to take action on a banner permit request from the Methodist
Hospital arose after the agenda was posted.
It was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem
Lojeski and CARRIED on roll call vote as follows to APPROVE the
request of Methodist Hospital for a permit to hang a banner from
the Huntington Drive pedestrian bridge, subject to appropriate
documentation being presented to the City Attorney office.
AYES:
Councilmembers Fasching, Harbicht, Lojeski, Margett
and Ciraulo
None
None
NOES:
ABSENT:
The meeting ADJOURNED at 9:55 p. m. to 7:00 p. m., Tuesday,
November 16, 1993 in the Conference Room of the Council Chamber
for an Adjourned Regular Meeting to conduct the business of the
Council and any Closed Session necessary to discuss personnel,
litigation matters and evaluation of properties.
Mayor
12
11/2/93
I
I