HomeMy WebLinkAboutNOVEMBER 16,1993_2
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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.
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MAYOR CIRAULO
(Statement -
Santa Anita
Race Track
Potential
Development
Plans)
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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."
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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.
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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
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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
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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.
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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
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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)
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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.
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MARGETT
(Reclaimed
Water)
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(Reports of
Animal Abuse)
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LOJESKI
(CableVision
Reception
Problems)
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7a. 93'1'0-;0
EQT. PUR.
(9-1-1
Communication
Consoles
(APPROVED)
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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).
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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.
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7b.
RECOMMENDED
FIRE CODE
AMENDMENTS
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8.
CLOSED
SESSION
0110 - '1'0
8a.
RESOLUTION
NO. 5756
(ADOPTED)
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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
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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
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