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HomeMy WebLinkAboutNOVEMBER 2,1993_2 I I Ol(f}--:;.-u . ((():J.9.? . C<:.. 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 1 11/2/93 /()(~O_-"l II/Sf' / () (:J! ~. > n N'" /Ofoo- <;"0 N5.r> 01';-0-;';0 IJ "t" 01 r;; '0 . ,1 c'l ill..') (-> 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 2 11/2/93 I I 3a. ROLL CALL 3b. MINUTE APPROVAL (Oct.5,1993) (APPROVED) I' ::;;'l 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 3 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. I 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 4 11/2/93 I I 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 /IJ oS I' 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. 6 11/2/93 I I 6. 6a. " -- ':i3I 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