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HomeMy WebLinkAboutNOVEMBER 16,1993_2 1 I (}IIO _ f:"o 1116 '13 35:0298 C-c. CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Oct.26, 1993) (Nov. 2, 1993) (APPROVED) ORD. & RES. READ BY TITLE ONLY 1. 1A. SEXUAL HARASSMENT TRAINING FOR EMPLOYEES (APPROVED) O.2..2.0-?O M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 16, 1993 The City Council and the Arcadia Redevelopment Agency met in a regular meeting Tuesday, November 16, 1993 at 7:30 p. m. in the Arcadia City Hall Council Chamber. Rev. Floyd Butler, Atcadia Community Vineyard Church Steve Chung, Arcadia Boy Scout Troop 125 Mayor Ciraulo welcomed Arcadia Boy Scout Troop 125 present in the audience this evening fulfilling the requirement for their citizenship badges. PRESENT: Counci1members Fasching, Harbicht, Lojeski, Margett and Ciraulo ABSENT: None On MOTION by Counci1member Harbicht, seconded by Counci1member Margett and CARRIED, the minutes of the October 26, 1993 ~ork session and the November 2, 1993 adjourned and regular meetings were APPROVED, with a correction on the November 2, 1993 regular meeting minutes. It was MOVED by Mayor Pro tem Lojeski, seconded by Counci1member Harbicht and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. BOARDS AND COMMISSIONS Sexual harassment is an increasingly important issue for all public and private sector employers. A single action or lawsuit of alleged sexual harassment can cost the City thousands of dollars to defend. In order to defend against the perils of sexual harassment litigation, enlighten City employees to the "new sensitivities" of the day, and promote a mutual understanding and respect for differences, staff proposes that all City employees participate in an interactive sexual harassment training program. California law requires that an employer take all reasonable steps to prevent harassment from occurring. Parallax Education conducted sexual harassment training on October 7, 1993 for the Human Resources Commission, several members of the City Council, and staff. The Human Resources Commission found the training to be very productive and recommended to the City Council that training be conducted City-wide. The cost of this training will be $7,300. It was MOVED by Councilmember Margett, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to AUTHORIZE a contract with Parallax Education to provide sexual harassment training to City of Arcadia employees, and appropriate $7,300 from the general fund for the program, subject to approval by the City Attorney of the specific agreement. 1 11/16/93 MAYOR CIRAULO (Statement - Santa Anita Race Track Potential Development Plans) o <;"/{- -?o NSP 2. OS-/~ '-)0 AlSf" {)~I s:- 7() NSP 35:0299 AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: Mayor Ciraulo read the following statement: "Santa Anita has made known to the City that they are considering potential development plans for part of their property. These plans are preliminary and conceptual only. If a potential project becomes defined, before any land use applications are presented to the City, Santa Anita envisions a broad based public process to address citizen concerns and issues to help shape any possible application. If, subsequent to the above process, an application is filed, the required rezoning and other land use and application requirements mandate noticed public hearings before the Planning Commission and City Council with full environmental review. Any final decision by the City is completely discretionary at the conclusion of the public hearing process." I AUDIENCE PARTICIPATION Johanna Hofer, 875 Monte Verde Drive, stated, in part, that she is present as a concerned citizen to give Council some facts, ideas and recommendations. 1) The Santa Ana winds ~hich spread the recent catastrophic fires occur year after year. It would behoove the, City Council, in cooperation with the Forestry Service and other cities, to close or monitor roads during the high fire danger season when Santa Ana winds are prevailing. 2) She has recently noticed numerous mail boxes in her neighborhood which have been smashed or decapitated. She suggests that the reward leading to the arrest of perpetrators of such vandalism be increased. 3) She has also observed handicapped persons standing in lines. She requested some ordinance which makes it mandatory to give handicapped people in this City easier access when waiting in lines. 4) She has been disappointed in the political reaction to the raising of fees for non-United States citizens buying or selling property, as well as raising business license fees for such persons. She intends to file an initiative regarding this matter. 5) She hopes that the NAFTA treaty currently being considered by Congress will be defeated. Ron Rossiter, 962 Paloma Drive, stated, in part, that he is present to invite Councilmembers and others in the City to attend a Thanksgiving worship service at the Congregation Shaarei Totah Temple, 550 South Second Avenue, November 23, 1993 at 7:00 p, m. Those attending are encouraged to bring a non-perishable fo"d item to support the local area food pantry. Jim Fox, 215 San Luis Rey Road, stated, in part, that he is present because he is concerned about the proposed music concerts to be held at the Santa Anita Race Track. After contacting some of his neighbors, he was surprised to learn that very few of them eVen knew about this. He thinks this proposal is bad for the community in terms of noise pollution and other problems. He wants to use this forum to let the Council know that there is significant opposition to this proposal. He understands that this matter is in the early stages. Santa Anita can outspend and hire better representation than the local citizens. He wants to make it clear that the opposition is to this proposed project and not to the Council. The communities around the race track should be considered and should have some say in anything that goes on at the track. I Ben Serar, 400 San Luis Rey Road, stated, in part, that he is concerned that most of the information he has received has been from other sources than the City. He is not'against Santa Anita trying to develop their property; they have to survive; Council has to be concerned about the taxes. Council also has a 2 11/16/93 1 I OS.-/S.- 70 NS/' 0'>1, 10 ,OP 35:0300 responsibility to the citizens. He would like to receive facts and information about these proposed plans before he reads about them in the newspaper, and before it gets to the stage where consultants are being hired. The neighbors are concerned about their streets, the safety of their children, the traffic flow, the noise and inconvenience. On the other hand, the City has to go forward and live with Santa Anita. He would like to see Council make all this information available so it can be discussed at forums such as this. Mayor Ciraulo noted no representative of the press is present tonight, which is an indication of the reporting being done. Councilmember Harbicht stated, in part, that he objects to the inference that Council knows 'something and that the citizens do not. There is no-proposal from Santa Anita before the City at the present time. Santa Anita does envision a process whereby they will expose the entire City and all those interested to whatever plans they may have for the purpose of obtaining reaction. Tax rolls are important, but the City does not put tax rolls above the interest of the community. We do not know specifically what Santa Anita's proposals will be, so we should wait to make decisions based on facts rather than just being against anything they are planning. There is a free press in this country and the newspaper prints what it wishes -- Council has no control over it. Everything that comes before this Council is required by law to be made public. Santa Anita, as a private business, may be considering a number of options. When specific proposals are brought to Council, they will be considered in an open public forum. Councilmember Margett concurred generally with Councilmember Harbicht, and suggested that it might be appropriate that update reports be given at Council meetings so that those present and the television audience might be kept apprised of events as they occur. This in regard to potential development at the track. Jeff Yorkin, 325 San Miguel Drive, stated, in part, that he appreciates the Council's assurance about the public being kept informed of Santa Anita's plans as they develop. However. by the time that happens, probably more formulation has gone on; Council's time and Santa Anita',s money have been spent. Question: might it be helpful to Council, and perhaps Santa Anita, for some type of grass roots effort to be conducted? This might involve a petition signed by members of the community stating that if Santa Anita plans to develop a music center, they should know in advance that it will be opposed. Would that help streamline the process? Councilmember Fasching stated that Santa Anita is not going to spend any money until, they get input from the community. Although a music center is a consideration, they want to find out how the community feels. Santa Anita is going to invite the residents to participate because they are good neighbors, With regard to consultants, this City Council is not any more knowledgeable than the residents as to the ramifications of such a project, or a similar type project, regarding the impact on the community. There are many concerns about development at the track, so Santa Anita has offered to make a consultant available to the City to help with the analysis. Scott Stark, 522 Santa Cruz Road, stated, in part, that he and his wife have two small children and they have looked for a home in other cities, but have found no location to equal the benefits of life in Arcadia with its small town community orientation. He has lived just across the street from Colorado Blvd. now for seven years. They have gotten used to the race track traffic, and even to the loud music they hear from time to time. He is extremely concerned about crime, traffic and property values. He inquired if this project is open to a general election for 3 11/16/93 ()S-/~-. 70 "'sP O!>.-I.s.- -70 illsI'" 35:0301 the vote of Arcadia citizens, or is this presented to Council for decision? Councilmember Harbicht responded that the City Council makes such decisions. By law, a project of this magnitude requires an environmental impact report. Such a report requires a public hearing with the public having opportunity for comment. Zone changes would also be involved, so public hearings before the Planning Commission as well as the City Council would be required. These procedures are laid out by law, and there is ample opportunity for public input. The City Attorney added that legally Santa Anita as the property owner is entitled to file an application to change their land use or alter part of their land use at any time. The City then, 1 under law, would have so many days to process and go through all the procedures Councilmember Harbicht indicated. It is his understanding that before Santa Anita files such an application, they want to conduct informational sessions to inform and get feedback from the public. Santa Anita is extending the process beyond what they are legally required to do. Councilmember Margett added that when Fashion Park was in the conceptual stage, the Council at that time opted to go to the public and ask for an advisory vote, and it was voted upon. That did not bind Council necessarily, but it did give input from the residents. This Council can opt to place this matter on a ballot as a measure, or by petition of residents it can become a ballot measure. Johanna Hofer, 875 Monte Verde Drive, suggested that the City inform the citizens about this issue in the next City Newsletter. Len Hundshamer, 301 Santa Rosa Road, stated, in part, that he has no preconceived ideas as to whether or not this proposal might be a good idea. He is present to urge Council to include in the environment impact study a law enforcement perspective. He is a lieutenant in the Los Angeles Police Department and currently serves in the North Hollywood area which surrounds Universal City. Since he works that area, he knows the impact such attractions as the Universal Amphitheater and Hollywood Bowl can produce, even in the best case scenario. The impact on the community is often felt several years later. He urges Cou~cil to include traffic engineering in the environmental impact study; and the impact on law enforcement in the long term as well as short term. Places like Universal City are magnets for types of people who are drawn there for opportunist type crime. Another item to be considered is on-site security. The Los Angeles County Sheriff has now allocated a squad of eight officers for Universal City on Friday 'and Saturday nights, something which was not in the plans years ago. The problems these places draw have to be addressed, and this should be done during the planning process. He and others in the neighborhood would be willing to join in any kind of process to help evaluate these issues. The neighbors are not necessarily closed minded to potential development; they would just like to maintain the quality of life for which they moved into Arcadia. 1 Denis Elliott, 637 Santa Rosa Road, stated, in part, that if he has heard Councilmember Fasching correctly, Santa Anita ~ill supply a consultant to the City to discuss and study these issues. Mr. ,Elliott indicated this gives a strong appearance of conflict of interest on the part of the consultant. 'Councilmember Fasching noted that the hiring of consultants is very expensive, and it is not Council's intention to spend taxpayer money when Santa Ani ta is prepared to bear this expense. The City Attorney added that the selection of the consultant would be up to the City. The guidance and direction of the consultant ~ould be totally from the City. As part of the pre- development process, the funding would be provided by the 4 11/16/93 1 1 01)/;'" 7cJ N;I' OS-/'i:'-70 ""s. f' 0,-1,-- 70 tVSP 3. 4. 4a. ROLL CALL 4b. MINUTE APPROVAL (Nov. 2, 1993) (APPROVED) 4c. ADJOURNMENT 5. 6. CIRAULO (Santa Anita Breeders' Cup) Dn,{-70 II/(P (Police Chief Neal Johnson Distinguished Citizen Award) 35:0302 developer in a separate account. The City would have access-to that account. The independence of the City will be preserved and there will be no conflict of interest. Councilmember Harbicht reiterated that Council will select the consultant, who will report to Council. Every project which requires an environmental impact report requires a consultant paid for by the developer, but the consultant works only for the City. Minto Sullivan, 407 San Luis Rey Road, stated, in part, that from his house he is unable to hear the announced results of the races at Santa Anita over their P. A. system. However, when they have outside parties at the track, they turn the P. A. system up. About three or four ~eeks ago the noise,was cut down and since that time there has been no outside noise. But if loud , music is allowed to be performed, the noise will have to be controlled. Lee Merritt, 329 San Luis Rey Road, stated, in part, that he is concerned about Council being in control of the timing of the announcements to the public regarding this proposed rock concert stadium. Most of the neighbors have had only a couple of days to become involved. He commends Council on the communication with regard to the development of other areas in the City, and hopes this communication will continue on a timely basis so that the citizens can be involved in this process. He is also anxious about the lack of candor from the Santa Anita race track individuals regarding their objectives. He encourages the Council to be in control with regard to the timely release of information to the community. Phvllis Nemeth, 517 San Luis Rey Road', stated, in part, that she is also concerned about receiving information in a timely manner. She is concerned about the impact of noise and traffic in the area. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Fasching, Harbicht, Lojeski, Margett and Ciraulo ABSENT: None On MOTION by Agency Member Lojeski, seconded by Agency Member Fasching, and CARRIED, the minutes of the meeting of November 2, 1993 were APPROVED. The meeting ADJOURNED to 5:30 p. m., November' 30, 1993. CITY COUNCIL RECONVENED MATTERS FROM ELECTED OFFICIALS Mayor Ciraulo stated that as a result of a very successful Breeders' Cup day at Santa Anita, November 6, 1993, the City of Arcadia will be receiving a check for $49,522 as the City's share of the handle that day. The City Council congratulates Santa Anita for running a very successful Breeders' Cup day. Mayor Ciraulo announced that the City Council is very proud and pleased that the Exploring Division of the San Gabriel Valley Council of the Boy Scouts of America has chosen to honor Police Chief Neal Johnson with the first Distinguished Citizen award. Council is grateful that Chief Johnson has won this very prestigious award, which is well deserved and well earned. 5 11/16/93 MARGETT (Reclaimed Water) 067()-'~; N,P (Reports of Animal Abuse) o '-1'/0 -.3 0 N 1. t:, LOJESKI (CableVision Reception Problems) 7. 7a. 93'1'0-;0 EQT. PUR. (9-1-1 Communication Consoles (APPROVED) 7b. 35:0303 Councilmember Margett stated, in part, with regard to techarging the San Gabriel Basin with reclaimed water, that this water comes out of Whittier Narrows. Plans had been to recharge the basin by putting this water back into the basin for reuse. Currently that plan has been shelved for several reasons, one of which is that the basin is quite full presently. The Metropolitan Water District and the Water Master are talking in terms of a projected use process which will fill our basin. Many people feel that using reclaimed water to recharge the basin will merely add to the environmental concerns. So those of the TIl audience who have been concerned in the last week with regard to how we are dealing with water use, and have wondered if we have a good supply, the answer is that we are in good supply and have no need to use reclaimed water. The reclaimed water will be going into the central basin, and will be used primarily for industrial use. Councilmember Margett said he has had telephone calls regarding the abuse of animals by some of our residents. He is concerned about this and wants to point out that there are strict laws regarding household pets and their care. In response to his request, the City Attorney explained that the Califotnia Penal Code has approximately six pages and numerous sections that detail various forms of cruelty to animals. A lot of these have been updated in the last few years to pick up certain cultural practices that in some countries perhaps might be legal, but in the United States are considered to be cruelty to animals. Under the California Penal Code, some practices are misdemeanors, and some are felonies. If someone is aware of a problem, it can be reported to the Pasadena Humane Society and the Police Department, and the matter will be investigated, and in some cases, charges might be filed. Mayor Pro tem Lojeski commented that the reception on the CableVision transmission seems to be getting worse and worse. He wondered if some better process might be available to monitor it. The City Manager responded that Alex McIntyre is working on a proposal that will deal with the quality of the television reception, and will bring it back for Council's consideration at a future meeting. CONSENT ITEMS WAIVE non-compliance with the specific bid process of the City of Arcadia and AUTHORIZE purchase of the 9-1-1 communications consoles and related equipment from Motorola Inc., on Los Angeles County Contract #53875; APPROPRIATE $279,747 from 'the Equipment Replacement Fund for procurement which includes a 10% contingency of $25,431. Considered separately (see page 7). 1)).-.60 _';--0 7c. 0<;1;.--60 DEDICATIONS FOR EASEMENTS (TPM 93-003, Parcel Map 23862 - Santa Anita Fashion Park) (ACCEPTED) 7d. 09';>"O-Sr') WORK ACCEPTED ACCEPTED the project and AUTHORIZED final payment to E.G.N. (Rehab. of Construction, Inc., in accordance with the contract documents. Holly Ave., Ten percent (10%) retention payment becomes due and payable 35 Campus Dr. days after Council acceptance upon completion of all corrections to Live Oak- of record. Job,No. 666) ACCEPTED easements for water lines and traffic signal systems for the expansion of Santa Anita Fashion Park Mall. Tentative Parcel Map No. 93-003, Parcel Map 23862, creates two new parcels and redefines the parcel lines of two existing parcels, and defines and dedicates easements for said expansion. 6 11/16/93 1 I I I 7b. RECOMMENDED FIRE CODE AMENDMENTS O'1<{O - ~~ 8. CLOSED SESSION 0110 - '1'0 8a. RESOLUTION NO. 5756 (ADOPTED) Off~,,) 7& -~. 35:030li , CONSENT ITEMS 7a., 7c. and 7d. 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: In compliance with a request by Councilmember Margett, Fire Chief Gardner reviewed a staff report dated November 10, 1993, which recommends amendments to the Arcadia Fire Code. As a result of the recent wildland fires that destroyed 118 homes in Altadena and over 300 other structures in Laguna Beach, Malibu, and Topanga Canyon, the current Fire Code was reviewed and amendments were recommended which would: (1) Extend Fire Zone 4 boundaries, a hazardous brush area; (2) Include a section in the Code regarding trimming dead palm fronds from palm trees; (3) Address the matter of trimming large trees which overlap each other, which could spread fire; (4) Implement a brush clearance program which, if the property owner fails to do the work, would allow brush removal by contract and charges assessed against the property; (5) Amend the Building Code to require decks and other miscellaneous structures'in Fire Zone 4 to be constructed of noncombustible material. Also, require new or remodeled homes to install dual-pane window glass and/or shutters. It ~as also recommended that the Water Division review the pumping capacity of the Upper Canyon Reservoir, and perhaps budget for a fire pump at that location so that the tanks can be refilled as the water is being used by firefighters. The Fire Chief stated that, in a supplemental report, Council will be presented with a recommendation to budget funds to clear the fire break around the Wilderness Park area. It was MOVED by Councilmember Margett, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows to APPROYE the report and DIRECT staff to prepare the recommended Fire, Code amendments: AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: CITY ATTORNEY The City Attorney announced that at the conclusion of this meeting "pursuant to Government Code Section 54956.9(b)(1) the City Council is going to adjourn to a Closed Session to discuss a situation where, based on existing facts and circumstances, the legislative body has determined pursuant to advice of the City Attorney that there is a significant exposure to litigation against the City." The City Attorney presented and read the title of Resolution No. 5756: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT" In response to questions posed by Councilmember Fasching, staff explained that the City of Arcadia may apply for this grant every year. The City of Arcadia, in cooperation with Chief Auto Parts, has developed a used oil recycling program that would establish a used oil recycling center in the City of Arcadia. The $10,641 grant would pay for staff time and public education, and will be used to purchase as many as 3,000 six-quart containers which will be stored by Chief Auto Parts, to be distributed to Arcadia 7 11/16/93 9. 10. ADJOURNMENT (Nov.30, 1993 5:30 p.m.) ATTEST: 35:0305 residents free of charge. The City will be notified in January 1994 if it will be given the grant. It ~as MOVED by Councilmember Harbicht, seconded by Mayor Pro tem Lojeski and CARRIED on roll call vote as follows that Resolution No. 5756 be and it is hereby ADOPTED: AYES: Councilmembers Fasching, Harbicht, Lojeski, Margett and Ciraulo None None NOES: ABSENT: MATTERS FROM STAFF None. At 8:50 p.m. the meeting ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 9:30 p. m. to 5:30 p.m., Tuesday, November 30, 1993 in the Conference Room of the Council Chambers for an Adjourned Regular Meeting (Work Session) to conduct the business of the Council and any Closed Session necessary to discuss, personnel, litigation matters and evaluation of properties. ~~/h ~--~ J ,D. Alford, t Clerk '1 8 11/16/93 ,I" " ,s , 1 4 ,