HomeMy WebLinkAboutJUNE 16,1992_3
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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
(June 2,1992)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
FOOTHILL
PRIVATE
INDUSTRY
COUNCIL
01:>0- ~
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
JUNE 16, 1992
The City Council and the Arcadia Redevelopment Agency met in
a regular session at 7: 45 p. m., Tuesday, June 16, 1992 in the
Arcadia City Hall Council Chamber.
Mr. Robert Collins, First Reader, First Church of Christ,
Scientist
Councilman Robert C. Harbicht
PRESENT:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
ABSENT:
On MOTION by Mayor Pro tem Ciraulo, seconded by Councilman
Margett and CARRIED, the minutes of the adjourned and regular
meetings of June 2, 1992 were APPROVED. Councilman Harbicht
ABSTAINED because he was not present at the June 2, 1992
meeting.
It was MOVED by Councilman Harbicht, seconded by Mayor Pro tern
Ciraulo and CARRIED, that ordinances and resolutions be
read by title only and that the reading in full be WAIVED.
PRESENTATION
Dale Spickler, Foothill Private Industry Council, stated, in
part, that their business is the business of jobs. The
Private Industry Council, of which the City of Arcadia is a
member, is represented on the Policy Board this year by
Councilmen Harbicht and Margett. During the time that the PIC
Council has been in existence, they have provided jobs in this
service delivery area for the six cities they represent in
this consortium for more than ten thousand people. The
placement rate for jobs for which they educate people is
better than 81%, and they are proud of that. Arcadia is
represented on the Private Industry Council by Mr. Spickler,
sitting as Chair this year, and by Mr. Art Hershey, Los
Angeles Turf Club. The education representative is yet to be
appointed by Superintendent TOWner. The PIC Council has been
in existence since October, 1983. They are now looking for
jobs for a lot of people and attempting to train a lo.t of
people.
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1.
PUBLIC HEARING
UNIFORM FIRE
CODE - 1991
EDITION (With
Findings)
(APPROVED)
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34:0179
Arcadia Fire Chief Gerald R. Gardner, stated, in part, this
is a public hearing for consideration of adoption of the
Uniform Fire Code, 1991 Edition, together with the amendments,
additions, and appendices, to constitute the City Fire Code
as contained in Article III, of the Arcadia Municipal Code.
The new Fire Code contains two fire protection amendments as
compared to the existing code. There is a change in waste oil
storage, and a permit fee for special events has been
included. Basically, a new section has been added to require
residential type fire sprinklers in all new single family
dwellings. A new section has been added to require existing
buildings to install fire sprinklers when additions to those
buildings exceed 5,000 sq. ft. or when alterations or repairs
are made to existing buildings of 5,000 sq. ft. or larger.
This is consistent with the existing code that currently
requires fire sprinklers in all commercial buildings exceeding
5,000 sq. ft., and will clarify sprinkler requirements in the
existing buildings. Fire sprinklers will not be required in
new or existing commercial buildings of less than 5,000 sq.
ft. The retroactive requirement will not apply to existing
residential buildings of less than 5,000 sq. ft. Thirdly, a
new section has been added to permit above ground waste oil
tanks in certain commercial and industrial areas, not to
exceed 500 gallons, to aid in the proper disposal of petroleum
products. A new section has been added to require the payment
of a $50 permit fee for special events, such as carnivals,
fairs, special fire works shows, and to erect or operate a
tent or temporary structure that requires additional Fire
Department resources. However I governmental agencies and
school districts will be exempt from this requirement. The
balance of the code changes are basically administrative and
house cleaning items to reflect the current procedures. A
detailed report of Fire Code Findings is attached to the May
12, 1992 staff report.
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In reply to questions from Council, the Fire Chief state, in
part, that the requirement for residential type fire
sprinklers in all new single family dwellings is an important
element of "built in" fire protection, and will provide
significant safeguards against the loss of life and property
in residential occupancies. He further noted that property
damage due to water will be minimal because, in the event of
fire, not all sprinklers in the house are turned on, only
those in the immediate area of the fire. Also the amount of
water released by the sprinklers is considerably less than
that released by the fire hoses of the fire company responding
to the alarm.
The Fire Chief further stated that this amendment to the
existing Fire Code is over and above the basic, standard
requirements. For that reason, findings have been introduced
to explain the necessity for this amendment. About half of
the cities in Southern Caifornia already have this
requirement; twenty-four other cities are currently addressing
this issue.
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Also in reply to questions from Council, Fire Chief Gardner
and Steve Hart, Director, Fire Sprinkler Advisory Board of
Southern California, 18000 Studebaker Road, Cerritos, CA,
responded that the estimated cost of sprinkler retrofitting
an existing building, if the alteration or repairs or addition
exceeds 5,000 square feet, or exceeds 25% of the assessed
valuation of the building, would be 1.5% of the cost of the
reconstruction or $7,500 for a 5,000 addition or remodel. This
cost is approximately 50% less for residential sprinkler
systems or it could be $1.00 a sq. ft. The Fire Department
has established that 5,000 sq. ft. area is the optimum in
which the combustible materials can be controlled with a first
alarm assignment. The Fire Chief further noted that the
Arcadia Fire Department first alarm assignment for a structure
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ORDINANCE
NO. 1970
(INTRODUCED)
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2.
PUBLIC HEARING
APPEAL OF PLNG.
COMSN.DENIAL
MC 92-020
(170 Diamond
St. )
(DENIED)
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fire consists of two engine companies, a truck company, which
includes a minimum of two paramedics, and a Battalion Chief.
Fire Chief Gardner replied in answer to questions from Council
that the Fire Department is charged with providing a
reasonable degree of fire protection in the community. They
are trying to move into the year 2000 with maintaining the
cost of the Fire Department. There are two alternatives. As
more and larger buildings are added, either the size of the
Fire Department can be expanded or built-in fire protection
requirements can be required.
There are ten classes of fire prevention excellence evaluated
by the Insurance Services Office. A Class I rating of the
fire protection system is the best that a Fire Department can
attain. Arcadia is rated Class II as of the last rating,
which was done in 1982. Cities are re-rated every ten years,
and Arcadia hopes to secure a Class I rating this year,
The Acting City Manager presented for introduction and read
the title of Ordinance No. 1970: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING THE
UNIFORM FIRE CODE, 1991 EDITION, WITH CHANGES, ADDITIONS, AND
DELETIONS THERETO, THE FIRE CODE STANDARDS AND AMENDING
CHAPTER 1 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE
RELATING TO FIRE PREVENTION AND PUBLIC SAFETY".
Mayor Fasching declared the hearing OPEN.
No one desiring to be heard, the hearing was CLOSED on MOTION
by Councilman Lojeski, seconded by Councilman Harbicht and
CARRIED.
It was MOVED by Mayor Pro tem Ciraulo, seconded by Councilman
Margett and CARRIED on roll call vote as follows to ADOPT the
Findings of Necessity regarding the sprinkler provisions
and that Ordinance No. 1970 be and it is hereby INTRODUCED.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:.
Consideration of an appeal to the Planning Commission's denial
of MC 92-020. The original application was filed by Lily Ping
Wang-Vu, requesting a second-story side and rear yard setback
modification to enclose an existing balcony at 170 Diamond
Avenue. The Modification Committee denied the request at its
April 13, 1992 meeting because the proposal did not conform
to the side and rear yard second-story setback requirements
in the R-2 zone. The Planning Commission also denied the
request at its May 12, 1992 meeting. The June 16, 1992 staff
report sets forth additional details of MC 92-020.
Mayor Fasching declared the hearing OPEN.
Lillv Pin2 Wan2-Vu, 170 Diamond Street, stated, in part, that
her house is old and she wishes to improve the property. She
described the modifications she wishes to make, and stated
that, since she needs more room, she would like to convert the
balcony into interior space.
Michael Mar2erum, Architect, 925 S. Idaho Street, #166, La
Habra, CA, stated, in part, that the structure has been
remodeled several times in the past; the second story addition
is already in place; there are already flat walls in place
from the first to second story. There have already been some
modifications and variances to the side yards. The present
balcony is not well constructed; it appears to have been
constructed with leftover materials; the balcony leaks and
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should be modified. He feels this proposed modification
would be a considerable improvement.
No one else desiring to be heard, the hearing was CLOSED on
MOTION by Mayor Pro tem Ciraulo, seconded by Councilman
Lojeski and CARRIED.
Councilman Harbicht noted that the point was made that the
balcony is unsightly, that this building was built under
previous ordinances, etc. That is exactly the reason the new
ordinances were passed ... to do away'with things that the
City Council has decided are not wanted in Arcadia. This
particular ordinance was one that underwent a great deal of
study by a citizen's committee, and was passed to try to cut
down on the apparent bulk of large homes being built in the
community. Second floor setbacks were.a significant part of '1
that ordinance. The new ordinance specifically rejected a
wall going straight up 20 feet. On that basis, he sees no
reason to grant a variance in this particular instance.
It was MOVED by Councilman Harbicht, seconded by Councilman
Lojeski and CARRIED on roll call vote as follows that Council
DENY the APPEAL of the Planning Commission's decision and
uphold their findings; and DENY the application, and find
that, based on the evidence presented, the requested
Modification MC 92-020 will not secure an appropriate
improvement, nor prevent an unreasonable hardship, nor promote
uniformity of development.
AYES:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
3.
PUBLIC HEARING Consideration of a text amendment revising the property
ORDINANCE AMEND. maintenance regulations to: (1) add provisions to the Code
REVISING PROP. prohibiting the parking of vehicles on unpaved areas in the
MAINTENANCE commercial and industrial zones, and (2) clarify the wording
REGULATIONS regarding maintenance of adj acent parkway areas, and that
(Park'g/unpaved property owners are not to remove or trim trees within their
areas-com'l/ parkway areas.
ind.zones & park-
way area maint.) The Acting City Manager presented for introduction and read
ORDINANCE the title of Ordinance No. 1971: "AN ORDINANCE OF THE CITY
NO. 1971 COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS
(INTRODUCED) 9405 AND 9405.1 OF THE ARCADIA MUNICIPAL CODE REGARDING
PARKING OR STORING OF VEHICLES ON ANY PART OF PROPERTY ZONED
OJ-.),O - J,-C FOR COMMERCIAL AND/OR INDUSTRIAL PURPOSES AND ADDING PARKWAY
MAINTENANCE TO PROPERTY DUTIES (PROPERTY MAINTENANCE
REGULATIONS)" .
Mayor Fasching declared the hearing OPEN.
No one desiring to be heard, the hearing was CLOSED on MOTION I
by Councilman Loj eski, seconded by Councilman Harbicht and
CARRIED.
It was then MOVED by Mayor Pro tem Ciraulo, seconded by
Councilman Lojeski and CARRIED on roll call vote as follows
that Council APPROVE and FILE the Negative Declaration, find
that the ordinance amendment will not have a significant
effect on the environment and that Ordinance No. 1971 be and
it is hereby INTRODUCED.
In response to a question from Councilman Harbicht, staff
replied that the Code Enforcement personnel could contact the
property owners and advise them that the parking of vehicles
on such property is illegal, or the Police Department could
issue citations. In this instance, there will be a period of
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4.
PUBLIC HEARING
OPERATING
BUDGET - FY
1992-93)
(APPROVED)
OJ~OS-(')
0.3:10 -10
RESOLUTION
NO. 5674
(ADOPTED)
RESOLUTION
NO. 5675
(ADOPTED)
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time before this ordinance becomes effective, and the Code
Enforcement personnel can put warnings on vehicles so that the
owners will have some notice before citations are issued.
AYES:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
Consideration of FY 1992-93 Operating Budget for the City of
Arcadia.
Mayor Fasching declared the hearing OPEN.
John Tvler, 1827 Anita Crest Drive, President, Arcadia
Historical Society, was present to thank the Council for
including in the budget the items for the museum for this
coming year. The Historical Society appreciates it,
No one else desiring to be heard, the hearing was CLOSED on
MOTION by Councilman Lojeski, seconded by Councilman Harbicht
and CARRIED.
The Acting City Manager presented and read the titles of
Resolution No. 5674: "A RESOLUTION OF THE CITY OF ARCADIA,
CALIFORNIA ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1992-93 PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA
CONSTITUTION", and Resolution No. 5675: "A RESOLUTION OF THE
CITY OF ARCADIA, CALIFORNIA ADOPTING A BUDGET, FOR THE FISCAL
YEAR 1992-93 AND APPROPRIATING THE AMOUNTS SPECIFIED THEREIN
AS EXPENDITURES FROM THE FUNDS INDICATED",'
Mayor Fasching noted for the benefit of the audience that the
budget was reviewed carefully by all the Councilmembers in a
study session prior to bringing it to this point tonight for
approval.
However, there have been late-breaking developments which he
wishes to review. Yesterday he received an update on the
State's budget crisis. This was attended by elected officials
from seventeen other San Gabriel Valley cities who expressed
concern and outrage at the impending actions of the State.
The State budget is eleven billion dollars short. Because of
this shortfall, the State is looking to cut some programs and
services and, in addition, is looking to take some one billion
dollars in revenues which belong to the cities. If passed,
this action would affect the City of Arcadia in the amount of
2.4 million dollars of the FY 1992-93 budget. These funds
are significant. This amount of money represents 32% of the
Police Department budget, 39% of the Fire Department Budget
and 100% of the budget for the Library and the Recreation
Department. These proposed cuts are being considered in
closed session in Sacramento. One area intended to be done
away with as far as Arcadia is concerned, is the revenue from
vehicle license fees which would amount to $1,700,000 per year
and property tax allocations of $745,000 a year. There are
other pending plans which might affect Arcadoa's sales tax
program whereby the State would set a limit on Arcadia's
entitlement to sales tax revenue. The cities are fighting
this as best they can.
In the budget being reviewed, Council is aware that there may
be financial shortfalls. The Council will try to meet these
and have the City do what is necessary to cut expenses and
find additional revenue within the City to offset the cuts
that the City might experience.
Councilman Lojeski noted that this is his ninth time to
consider the budget process. Arcadia has an extremely
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POSTPONED TO
June 22,1992
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qualified, capable and competent staff, particularly the
Finance Department which has received a couple of awards in
the municipal financial world for their financial statements.
An extension of that comes from the direction of a very
conservative minded Council who passed information on to the
Finance Department and City staff that it wants basically a
bare bones budget, but does not want to reduce any services
that the City supplies to the community. This is a fine and
a very workable budget and one with no extravagance and
Council compliments the Finance Director and his staff.
It was MOVED by Councilman Harbicht, seconded by Mayor Pro tem
Ciraulo and CARRIED on roll call vote as follows that
Resolutions No. 5674 and No. 5675 be and they are hereby
ADOPTED.
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AYES:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
BOARDS AND COMMISSIONS
Appointments to Boards and Commission are to be considered at
the June 22, 199~ study session.
AUDIENCE PARTICIPATION
Beth Wells, 2140 Canyon Road, stated, in part, that she is
present to publicly show her support for the Council in regard
to the resignation of George Watts. She feels that the letter
sent to residents by former mayors was full of malicious
implications. She strongly resents this act. She wonders
about their motivation. When she voted for Mayor Fasching
and Councilmen Ciraulo, Loj eski and Margett, she did so
because she felt them to be competent men of integrity; well
able to conduct the City's business. She still feels that
way. In addition, she was excited by their visionary ideas
for the City. As a resident and taxpayer, she very much
resents this divisive and clearly political attempt to malign
the Councilmembers by accusing them of an "illegal" act. In
order to put an end to this vicious business, she would like
the City Attorney to comment on the legality of the City
Manager's resignation. Then perhaps the Councilmembers can
concentrate on more productive matters.
The Citv Attornev noted that in going through such processes
the City Council is guided by legal advice. The City Attorney
then read the following statement:
"Effective May 7, 1992 Mr. Watts resigned from the position I
of City Manager. On May 12th the City Council approved a
change of status for Mr. Watts, continuing his status as an
employee of the City as a Management Consultant with full pay
and benefits for up to one year.
"The City Charter provision precluding removal of a City
Manager within 135 days of an election, unless there is a
unanimous Council vote, does not apply. If Mr. Watts had not
resigned and accepted an Employment Agreement as a Management
Consultant, he would not have been removed from office and
there was no intent to do so within the referred to 135 day
period. The former City Manager was well aware of the Charter
provision regarding the 135 days, his resignation and
execution of an Employment Agreement were voluntary acts and
there is no violation of the City Charter. Related to this,
there has been some allegation made that the Council should
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forfeit their offices as Councilmembers. First of all, no
Charter provision has been violated, as I've just stated.
Second, 'forfeiture' requires Court approval and I can assure
you that the judicial system favors the retention of elected
officials who have been voted on by the people. The Courts
recognize that the right to hold public elective office is a
valuable right of citizenship, and should not be declared to
be prohibited or curtailed except in the clearest of cases
involving a high degree of unambiguous illegality.
"The allegations concerning a Charter violation and forfeiture
from office are unfounded and without merit. There are some
additional points to this opinion, but that summarizes the
'gist' of it. Thank you."
Ken Marston, Captain, Arcadia Fire Department and President,
Arcadia Fire Fighters' Association, stated, in part, that the
Association wishes to address Council in light of the current
issues. "We, the Arcadia Fire Fighter's Association have
endorsed all five current Councilmembers based on their
commitment to fire and public safety. The Fire Fighters'
Association continues to support the current Council and the
citizens of the City of Arcadia. We wish to thank you for
your continued support of public safety."
... ...
Ann Eldrid~e, 404 Adelyn Drive, San Gabriel, President, Read
Now, Inc., was present to request Council to reduce the
$50(hour fee to provide fire safety supervision for an
educational video production scheduled for the period of June
29 through July 13, excluding weekends and holidays, at the
Los Angeles County Arboretum. READ, NOW is a beginning
reading education video project based on a federally-funded
program used in American kindergartens. They are a very small
educational film company. A significant number of these
educational videos are donated to libraries in the inner city
and to disadvantaged children. The financing for this program
has been provided entirely by individuals, most of whom reside
in the San Gabriel Valley area. In return for such support,
they would be prepared to acknowledge the help of the City of
Arcadia in the production credits and/or provide a certain
number of copies of the final product package itself which
could be used as a teaching tool at either the school or day
care level.
Rob Lvons. 884 South Arroyo Blvd., Pasadena, Chief Financial
Officer, Read Now, Inc., was present to add his request to
that of Mrs. Eldridge that Council reduce the fee for fire
protection supervision of this video production to be taped
at the Arboretum. He reiterated that their production budget
will be severely strained by these fees.
They have a limited budget and, at the previously quoted rate,
these fees will amount to $6,000 for the personnel. The
entire fees they are paying the Arboretum are $7,500. The
filming will be carried on out of doors. They feel that the
only real fire hazard with this production is the operation
of a small (200 amp) diesel-powered generator, which will be
used to provide electrical power for the video production
equipment. A person from the company renting the generator
will be present, as well as a supervisor from the Arboretum.
Mayor Fasching advised that the City Council will consider
this request and advise Mrs. Eldridge and Mr. Lyons of their
decision. Councilmember Harbicht noted that Council is very
conscious of fire safety in the City and, as a result, have
a very favorable fire rating. He would not be amenable to not
having a fireman present. All requirements should be met.
As to the cost, unless something could be worked out whereby
an off-duty firemen could do it at a lower cost, the City must
recover the cost of the fireman's presence there. He will look
to the Fire Chief for a suggestion as to how this might be
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accomplished, but he is not willing to make a gift of Arcadia
funds by lowering the fees. In reply to a question from
Councilman Margett, Mrs. Eldridge replied that filming will
be done at three different locations which are all near water.
Councilman Margett suggested the possibility of the use of a
temporary power pole, instead of the generator.
Chris Eftvchiou, 4420 N. Earle Avenue, Rosemead, Arcadia
Tribune reporter, stated, in part, that he will soon be
working at the West Covina Office of the San Gabriel Valley
Tribune. Therefore, he will no longer be covering Arcadia for
the Tribune. He wishes to thank Council and staff who have
been very helpful. Councilman Harbicht noted that his
personal reaction and that which he has heard is that there
has been a significant improvement in the newspaper. He feels
this has been pretty much due to Chris' efforts.
I
Mavor Fasching, made the following statement: "Your Council
has been concerned here with what has been taking place.
Everybody here knows about the letter that has gone out
critical of us and malicious towards us. I would like to
explain that many people have asked us why we have not
responded, and why we haven't said anything. You have to
understand that when all this took place, and the resignation
of the former City Manager, and the legality which was
explained to you here tonight, is that we thought as Council
people that we could go on with the business of the City and
the things that we had planned to do. But is has not turned
out quite that way. We have been involved hou, upon hour with
these accusations and letters demanding our resignation from
people in the City; Mrs. Gilb wrote us one. And we have also
been threatened. Mr. Lojeski had a personal threat from some
unknown person against him. But you have to understand that,
as a Councilman, as a body, we don't have the freedom that
these people have to respond. We have to meet as a group
either in a closed session which we did tonight, or a public
session to discuss anything. We can't meet as a group in
Councilman Lojeski's house or my house or anything of that
nature. And we also have to be concerned with the welfare of
the City in anything that we do or say. And when we are under
threats, if we say anything damaging against anyone, they will
sue us, and that means that they're going to sue the City.
And those suits may not be won, but yet it costs the taxpayers
money if lawsuits are filed. Nobody wins a lawsuit.
Attorneys are the ones that make the money. So, we have been
pressured tremendously by friends of this Council and
supporters. ... We want to tell the story and do it in good
taste as Councilmembers, and in protection of the City's
finances and lawsuits, and that type of thing. We have had
quite a long session here tonight and we will be going back
into another closed session regarding this matter after our
Council meeting tonight. How are we going to convey to the
people of this City that this is a political move against us,
and there is no truth to any of their allegations; it is all
implication? We don't deserve that. The City Attorney
tonight read his statement concerning the legality of the way
we operate, and at no time would we ever violate your City
Charter. We might even go so far as to have a substantiated
second legal opinion on the validity of our moves. We will be
sending, I am quite sure, in the very near future, a response
to the citizens of Arcadia at our expense, not City expense,
eXplaining our position. They are not going to back us up
against the wall and have us lay down, I'll tell you that.
But the statement read by the City Attorney is here and anyone
who would like a copy of it, can request it from the City
Clerk when you leave."
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Mavor Fasching read a further statement, signed by Mayor
Fasching, Mayor Pro tem Ciraulo, Councilman Dennis Lojeski and
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7.
8.
8a.
ROLL CALL
8b.
MINUTE APPROVAL
(June 2,1992)
(APPROVED)
8e.
ADJOURNMENT
9.
34:0186
Councilman Bob Margett. These are also available to anyone
who would care to have one.
"The real attempt to violate the City Charter is by those who
signed the so-called Open Letter of May 22. They seek to make
the Council appointed position of City Manager subject to a
popularity contest and political pressure. By establishing
the Council-Manager form of City government, the Charter gives
total discretion to the elected City Council with regard to
the appointment and tenure of the City Manager. After all,
it is the elected City Council that must work, and is directly
responsible for the City Manager.
"The Open Letter allegation that 'removal of the City Manager
does not reflect the wishes of a majority of our residents',
is not only speculative opinion, but an affirmation that the
letter urges conversion of the City Manager position into a
political position subject to a popularity contest. This is
a violation of the City Charter and the established form of
government for Arcadia. We want to preserve the charter and
keep the City Manager position free from outside control and
political pressure.
"The authors of the Open Letter and those who have written
other letters threatening the City Council appear to be acting
as judge, jury, and executioner. They make one-sided non-
factual allegations, determine that the Council violated the
Charter, and then allege that we have forfeited our elected
offices and should resign. If your elected Council were to
respond to such an approach it would be a great disservice to
the people of Arcadia, regardless of one's feeling about the
Council individually. To react to such. tactics would
jeopardize the election process, subvert our voter-approved
City Charter, and the authority of all future City Councils.
For the good of the Community, the politics of a few should
not be allowed to let this happen. This is a preliminary
statement from your four Councilmembers here tonight. We
thank you for your support."
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Ciraulo, Harbicht, Lojeski, Margett
and Fasching
ABSENT: None
On MOTION by Member Lojeski, seconded by Member Ciraulo and
CARRIED, the minutes of the meeting of June 2, 1992 were
APPROVED. Member Harbicht ABSTAINED because he was not
present at the June 2, 1992 meeting.
The meeting ADJOURNED to 5:30 p. m., June 22, 1992.
CITY COUNCIL RECONVENED
PRESENT:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
ABSENT:
9
6/16/92
10.
I) '_, -, ~..
lOa.
PUBLIC HEARING
SCHEDULED
(July 7,1992)
~.::,
lOb.
o 3 ~-" .:i ~ PUBLIC' HEARING
SCHEDULED
(July 7,1992)
lOco
CONTRACT AWARD
eJ_ ,/0,1' (Water Billing
Computer
System -
Finance)
10d.
PUR. CONTRACT
?3 Va .30(Purchase of
Gasoline &
Diesel Fuel -
City)
IDe.
OISV,sOCITY MGR. PRO
TEM (James Dale)
fD'IO",,:
/q 'f.:J..
10f.
CONFLICT OF
INTEREST CODES
REVISIONS
(City Depts.
and
Commissions)
109.
FINAL MAP 47904
(ll-lot Sub-
Q~hD-f,Odivision - 516-
520 W.Longden
Av.& 511-527 W.
Walnut Av.)
10h.
CONTRACT AWARD
()Cj.;JO- 'ifC,cReconstruction
Second Av. fr.
Longden Av.to
Bonita St.-
Job No. 509)
101.
ADVERTISE FOR
BIDS (Waterline
?9'/'; .!(V Replac' t - Live
Oak Av. bet.
El Monte Av. &
Second Av. -
W.O. No.696)
10j.
34:0187
CONSENT ITEMS
PUBLIC HEARING SCHEDULED for July 7, 1992 for report on the
Urban Water Shortage Contingency Plan.
PUBLIC HEARING SCHEDULED for July 7, 1992 for consideration
of a request from Arcadia Royale Retirement Hotel for a Bingo
permit.
AWARDED contract to Idaho Computer Services, Inc, in the
amount of $46,750.00 for new utility (water) billing computer
system. Sufficient funds were appropriated by the City
Council from the mandatory conservation penalties account to
cover the contract amount.
I
AWARDED contract for the purchase of gasoline and diesel fuel
(;0 Falcon Fuels of Long Beach. The cost of gasoline and
diesel fuel fluctuates on a weekly basis. Estimated cost of
fuel for the fiscal year 1992-93 is $130,000.00. The fuel is
purchased into inventory accounts and then charged to the
individual departments based upon usage.
APPOINTED Jim Dale, Finance Director as City Manager Pro tern.
DIRECTED all City local agencies with a Conflict of Interest
Code to review its Code (through the City Attorney) and, if
necessary, submit an amended code to the Code Reviewing Body
(City Council). Amendments should be processed prior to
October 1, 1992.
APPROVED Final Map of Tract No. 47904 for an 11 lot
subdivision at 516-520 Longden Avenue and 511-527 Walnut
Avenue filed by Chris Construction Company (owner/developer
of the subject site). Approval subject to the condition that
before the Final Map is recorded, all outstanding conditions
of approval as outlined in the June 9, 1992 report from the
Public Works Department shall be complied with to the
satisfaction of the Director of Public Works.
AWARDED contract to Boral Resources, Inc. in the amount of
$283,497.50 for the reconstruction of Second Avenue from
Longden Avenue to Bonita Street Job No. 509. All
informalities in the bid or bidding process are WAIVED; and
the Mayor and City Clerk are AUTHORIZED to execute a contract
in a form approved by the City Attorney.
I
APPROVED plans and specification for 16" waterline replacement
on Live Oak Avenue between El Monte Avenue and Second Avenue -
W.O. 696. The estimated cost of the proj ect is $452,550
which will be funded from the Water Facilities Replacement
Fund. The City Clerk is AUTHORIZED to advertise for bids.
Considered separately (see page 11)
10
6/16/92
I
I
10k.
SOUND WALL
COMMITTEE
REPORT (Study
Sess.July 7,
1992) O~Q).6 0
101.
CONTRACT FOR
REAL ESTATE
APPRAISAL LTR.
(FIRE STA.112)
07.30 - '. Q
10m.
CONTRACT FOR
REAL ESTATE
APPRAISAL LTR.
(Pk'ng Lot/
SA Mall)
05-(,)- - 6 (!)
10j.
TEMP. STREET
CLOSURE - BLOCK
PARTY (200-300
Block of W.
Magna Vista
Av., Lyndon
Way & Ewell
Ln.)
(APPROVED)
o I:;O~ ()
11.
lla.
ORDINANCE
NO. 1972
(INTRODUCED)
O!>;;v-&-'..
34:0188
RECEIVED June 16, 1992 report and recommendation prepared by
the Director of Public Works. regarding meeting with the Sound
Wall Committee and SCHEDULED a study session at 6:30 p. m.,
Tuesday, July 7, 1992 to discuss funding alternatives and to
receive input from interested Arcadia residents and the Sound
Wall Commi ttee.
AUTHORIZED staff to contract with Brown, Chudleigh, Schuler,
and Associates for an Executive Opinion Letter Appraisal of
the Fire Station Expansion Parcel for an amount not to exceed
$6,380 ($5,800 plus 10% contingency), in a form approved by
the City Attorney.
AUTHORIZED staff to contract with Brown, Chudleigh, Schuler,
and Associates for an Executive Opinion Letter Appraisal of
either the fee value or the lease value of the 3.02 acre
proposed public parking lot site, in an amount not to exceed
$7,590 ($6,900 plus 10% contingency), in a form approved by
the City Attorney.
ALL OF THE ABOVE CONSENT ITEMS WITH THE EXCEPTION OF ITEM 10j
WERE APPROVED ON MOTION BY COUNCILMAN HARBICHT, SECONDED BY
MAYOR PRO TEM CIRAULO AND CARRIED ON ROLL CALL VOTE AS
FOLLOWS:
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
Consideration of a request for street closure for Fourth of
July Block Party -- the 200-300 block of W. Magna Vista
Avenue, to include sections of Lyndon Way and Ewell Lane.
Councilman Lojeski inquired of the Fire Chief if there have
been problems with such block parties. The Fire Chief replied
that this block party is almost a routine occurrence and that
no problems are anticipated. Fireworks are not allowed. This
is a neighborhood party and has always been a well behaved
party with no problems.
It was then MOVED by Councilman Lojeski, seconded by
Councilman Harbicht and CARRIED to APPROVE request for
temporary street closure for Fourth of July block party at
200-300 block of W. Magna Vista Avenue, to include Lyndon Way
as it borders Duarte Road and Ewell Lane, as it borders Leroy
Avenue - from 2:00 p. m. to 10:00 p. m. Permission subject
to conditions set forth in staff report from the Public Works
Director dated June 16, 1992.
CITY ATTORNEY
The City Attorney presented for introduction and read the
title of Ordinance No. 1972: "AN ORDINANCE OF THE CITY OF
ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 92-004 ADDING
SECTIONS 9275.1.50.1.1, 9275.8.1 AND 9275.8.2 TO THE ARCADIA
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR INDOOR SWAP
MEETS".
It was MOVED by Councilman Lojeski, seconded by Mayor Pro tern
Ciraulo and CARRIED on roll call vote as follows that
Ordinance No. 1972 be and it is hereby INTRODUCED.
11
6/16/92
llb.
RESOLUTION
NO. 5676
(ADOPTED)
o 8 :l 0 _ '10
/0 '-Ia-yro
llc.
CLAIM OJ'
A.CONSALVI
(DENIED)
'0 '10 </0
lld.
CLAIM OJ'
S. -ORSI
(DENIED)
12.
DALE &
JOHNSON
(Explorer
Youth
Safety Run
Insurance)
(APPROVED)
()'f')()-y!.
34:0189
AYES:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
The City Attorney presented and read the title of Resolution
No. 5676: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AUTHORIZING THE CITY TO SUPPORT THE LOS
ANGELES COUNTY COORDINATED PARATRANSIT PLAN".
It was MOVED by Mayor Pro tern Ciraulo, seconded by Councilman
Lojeski and CARRIED on roll call vote as follows that
Resolution No. 5676 be and it is hereby ADOPTED.
I
AYES:
Councilmen Ciraulo, Harbicht, Loj eski, Margett and
Fasching
None
None
NOES:
ABSENT:
On recommendation of the City Attorney, the claim of A.
Consalvi was DENIED on MOTION by Councilman Harbicht, seconded
by Councilman Margett and CARRIED.
On recommendation of the City Attorney, the claim of S. Orsi
was DENIED on MOTION by Councilman Loj eski, seconded by
Councilman Harbicht and CARRIED.
MATTERS FROM STAFF
The Arcadia Police Department has been involved in the "Youth
Safety Run" for the past 39 years. This event which is a fuel
economy contest from a Host City in Southern California to
Yosemite National Park and return, is being coordinated by
some 30 Police agencies. Each year, various car dealers
provide new vehicles for the City of Arcadia's "Explorers" to
compete in the run. A condition imposed by the dealers is
that the City provide proof of insurance to cover any
potential damage that may occur to the vehicle donated for
this event. Liability insurance in the amount of five million
dollars is carried by the Boy Scout organization.
On recommendation of the City Attorney, it was MOVED by
Councilman Harbicht, seconded by Mayor Pro tem Ciraulo and
CARRIED on roll call vote as follows that the need to take
action on this item arose after the agenda was posted.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
I
NOES:
ABSENT:
It was then MOVED by Councilman Harbicht, seconded by
Councilman Margett and CARRIED on roll call vote as follows
that Council APPROVE vehicular insurance coverage for the
Explorer Youth Safety Run; and specifically excluded any
further liability with regard to any accidents which might
occur in the City's coverage.
AYES:
Councilmen Ciraulo, Harbicht, Lojeski, Margett and
Fasching
None
None
NOES:
ABSENT:
12
6/16/92
I
I
CITY
ATTORNEY
(Closed
Session)
0/(0 <{a
ACTING CITY
MANAGER
(Definition
of "Liquor
Store" for
Text Amendment
purposes)
03j, e,). 'i~-
ovl()-<lO
(Peacock
Services)
(League/Cal.
Cities Press
Conf.)
0130 .'tn
(Ralph Andersen
& Associates -
City Mgr.
Recruitment)
(ARA Loss of
Tax Increment
Funds)
06(0 \.,1 I)
13.
HARGETT
(Absence from
Meetings)
(No. of Plng.
Comsn.
Members) _
01.:10 . .> 0
(Landscaping
of Agency-
Owned
Properties)
t)q,O 1(1
34:0190
The City Attorney requested that if such requests become
necessary in the future, that they be presented in a more
timely manner.
The City Attorney announced that, "Council will be going into
an additional CLOSED SESSION at the conclusion of this meeting
pursuant to Government Code. Section 54956.9(bl) because, in
the opinion of the Council, based on advice from legal
counsel, we are discussing existing facts and circumstances
where there is a significant exposure to litigation against
the City of Arcadia".
The Acting City Manager requested direction from Council with
regard to the proposed text amendment prohibiting game
machines in liquor stores. Councilman Harbicht replied that
he would like to define liquor stores are the type of stores
from which they are excluded, as any establishment that has
more than 10% of its floor space allocated to the sale of
alcoholic beverages. Councilman Lojeski and Mayor Pro tern
Ciraulo concurred in this. Staff will proceed with the text
amendment.
The Acting City Manager also called attention to a notice from
peacock services.
The League of California Cities announced that there is going
to be a press conference on June 17 at 11:00 a: m. at Live Oak
Cemetery in opposition to the proposed cuts in the revenue to
cities to help balance the State budget.
There is also an update from Ralph Andersen & Associates on
their efforts to recruit a new City Manager for Arcadia. They
have compiled a list of 30-40 target candidates. .
There is a report from the Assistant City Manager for Economic
Development regarding the possible State cuts and their impact
on redevelopment funds. In reply to a question from Mayor
Fasching, the Assistant City Manager for Economic Development
explained that these possible cuts would involve the tax
increment cuts that could reduce the Agency's tax increment
by as much as a quarter or more.
MATTERS FROM ELECTED OFFICIALS
Councilman Margett noted that he will not be present at the
Planning Commission meeting of June 23; he would like to have
a substitute there. He will be on vacation from June 27 to
July 8, which will include one Council meeting.
He polled the Planning Commission regarding the desirability
of increasing the number of members. They all felt that five
members are sufficient. However, in the event of an
establishment of a Design Review Board, they would like to see
another commission there that would dovetail with them.
With regard to landscape maintenance of some of the
redevelopment properties, instead of landscaping requiring
installation of irrigation systems, etc., perhaps they could
build a barranca around the perimeter of those properties with
the available soil that is on the property, add the
nutriments, and merely landscape the first ten feet on a
gentle slope, leaving the balance of the property vacant and
clean. The Public Works Director will provide a revised
report concerning the landscaping of vacant property belonging
to the Agency.
13
6/16/92
MARGETT
(Peacock
Connol)
o ~/ 10 - 4 (')
N0 p
(Visser Ltr.
Cats)
(Additional
City
COIllIIlissions)
O/;1(J
N,sP
HAKBICHT
(Additional
City
COIllIIlissions)
Out'
,,(~ /'"
(Information
Flyer in
Chinese reo
Permit
Requirements)
~.3~v.70
fils ,.,
LOJESKI
(Parking
Place
Commission)
01.;10 .c ()
/IIs,-p
34:0191
Councilman Margett inquired about the status of Councilman
Harbicht's previous inquiry about control of peacocks.
Councilman Harbicht said he had not requested a staff report;
he had intended to discuss it among the Councilmembers.
Councilman Harbicht and other Councilmen had received a letter
from a group whose goal is to get rid of the peacocks. This
letter referred to the actions of the City of Rolling Hills
Estates. Alex McIntvre, Assistant to the City Manager replied
that inquiry has been made to the City of Rolling Hills
Estates regarding peacocks. That City employed a person from
the midwest at a rather significant amount of money to explore
opportunities on how to control peacock populations. They do
not, as yet, have an answer as to whether this program will
be successful. Other cities have been contacted; none of them
have solutions. The City of Arcadia has no law which
specifically protects the peacocks; they are considered to be
wild birds.
I
Councilman Margett inquired about response to a letter from
a Mr. Visser regarding people in the community who were
absconding with cats. Staff had not responded as yet.
Councilman Margett noted that there are a number of applicants
for commission service. He feels there is room in the
community for additional commissions perhaps a Water
Commission, Fire Commission and a Police Commission.
Councilman Harbicht is of the opinion that commissions are
established because Council needs help in a certain area, not
to find something to do for people who wish to serve on
commissions. He would be opposed because he does not see any
advantage to having Water, Fire or Police commissions. Things
are going along very well in those areas. Councilman Margett
reiterated that he thought such commissions would be helpful
especially in digesting some of the staff reports and making
suggestions to Council. Further, he believes the whole action
of government itself and government working are best
identified by people participating in it. Mayor Fasching
will give the matter more consideration.
Councilman Harbicht noted that a constituent pointed out that
since a number of the Chinese residents do not speak English
very well, they tend to contract with Chinese contractors for
various home improvement or building projects. Most of these
contractors are not located in the City of Arcadia, and many
are not aware of Arcadia permit requirements. The suggestion
was made that perhaps a brief description about permit
requirements could be mailed out;' perhaps a flyer with
information in English on one side and in Chinese on the
other. This could be mailed out with the water bills when the
new system is up and running. Possibility of assistance from
the Chinese Association should be explored. Staff will
develop such a flyer. The Acting City Manager noted that all
contractors who have State licenses have taken an examination
that was in English to obtain such license. They probably
should know these things because getting permits is much the
same in all cities. In some cases, if there is a problem with
a contractor it's probably because he'd rather not pay for a
permit.
I
Councilman Loj eski acted as liaison to the Parking Place
Commission last week. The Commission would like to be kept
informed of any regulations being considered which might
affect business and the ability of the retail business people
to come and go in the parking lots, etc. in the downtown area.
Also possible environmental control regulations that might be
put on things and any possible influence Council can give to
State legislators... At Councilman Lojeski's request, the
City Attorney will return to Council with information as to
14
6/16/92
I
I
34:0192
how the Parking Place Commission might be renamed Parking
District Commission.
CITY ATTORNY Regarding the change of the City Council meeting date from
CITY CLERK September 15, 1992 to September 22, 1992, the City Attorney
(Change of noted the only requirements are a public notice sent to all
Council Mtg. those affected, and the appropriate adjournment at the
Date Sept. 15 preceding meeting, The City Clerk requested Council's
to Sept.22,1992) approval of this change because of the special election on
o rrO _ 1.<. September 15, and the Clerk's certification of election
NS p results at the September 22nd Council Meeting. Councilmembers
agreed to the change of date.
LOJESKI
(Medical Care
Workers'
Comp.lnjtiries)
C1,~~ 0- GO
tJ..< !/
(Radon Elimina-
tion from
Drinking Water)
(Camino Real
Damage Repair)
(Trash Container
Reflector
Strips)
CIRAULO
(Security Gates
- Pawn Shop)
()V;'(.i )_
N'::',o
(Chamber of
Commerce
Business Expo)
t)1,;:,-U . ,:;()
N~' "
MARGETT
(Traffic
Congestion
Management
Program)
f)'O~" 5
J ~\.. Q. ,
IvSF
Councilman Lojeski is concerned with the separation of the
Workers' Compensation injury claims. During the day employees
to be sent to the Live Oak Ergentcare Center, and if further
care is needed, the patient to be sent to a doctor's office
in Alhambra, San Gabriel, etc. During evening hours, when,
e~cept possibly for Fire and Police employees, few injuries
will occur, Methodist Hospital is to be used. He would like
to see the Methodist Hospital emergency facilities used for
all such employee injuries or illnesses. Alex Mclntvre,
Assistant to the City Manager, replied that one of the reasons
for the separation of medical care between the Ergentcare
Center and the Methodist Hospital is an attempt to control
some of the costs of the workers' compensation claims. Many
of those claims involve minor injuries which do not require
the resources of the Methodist Hospital emergency room. One
of the very few areas that can be controlled is that of the
cost of the first medical provider. Mayor Fasching appreciated
the interest in the savings in workers' compensation claims,
but he agrees with Councilman Lojeski that Methodist Hospital
treatment should be utilized. He understands that Methodist
Hospital wishes to be competitive in rates. Mr. McIntyre will
meet with Fred Meyer of Methodist Hospital regarding this
matter.
Councilman Lojeski noted an article in the Newsletter about
possible mandating of removal of radon from drinking water.
This could result in extensive costs.
In reply to a question from Councilman Lojeski, staff noted
that the damage on Camino Real caused by the East Pasadena
Water Company has been repaired.
With regard to possible reflector strips on trash containers,
Councilman Lojeski does not want this done at City expense.
Mayor Pro tem Ciraulo noted a pawn shop on First Avenue has
security gates on the front. Staff responded that the owner
has been notified that security gates are not allowed in the
City and that they were installed without permit.
Mayor Pro tem Ciraulo noted that the Chamber of Commerce
requested that the annual Business Expo be allowed to be held
at the Community Center. Mayor Fasching said he would be in
favor of this. The Recreation Director will meet with Beth
Costanza regarding this request to obtain all the facts and
report back to Council.
Councilman Margett commended David Feinberg on the report on
the transportation issue update. The report capsulized in
a fine way all the rudiments of the various transportation
issues. He requested more information about the Congestion
Management Program. In reply to his questions about the
Congestion Management Program being put together by the Los
Angeles County Transportation Commission, the Public Works
15
6/16/92
MARGETT
(City
Investment
Policy)
() oS.3 () -'IQ
f'J..:! p
FASCHING
(Duarte
Performing
Arts Center)
(Fee Reduction
Request from
Filming Co.)
o J ~ ,) .',
34:0193
Director replied that this Program must be adopted by December
1, 1992. A final draft has been sent to various cities and
committees in the County. The Congestion Management Program
has five elements which basically consider congestion
management on a regional level. The program members will be
looking at improvements that can be made in various locations
and various cities which can help eliminate or mitigate
congestion. Application has been made for two such projects
within the City of Arcadia. A Traffic System Management
program as been applied for by the County for signal
synchronization on Huntington Drive and Foothill Blvd., to the
east, Alosta Avenue, Sunset, Baseline, and for signal
synchronization on Baldwin Avenue, Foothill Blvd. to the 10
Freeway. Those two projects are proposed for the seven year
Capital Improvement Program on the system of highways and I
roadways. In reply to questions from Councilman Margett, the
Public Works Director replied that the proposed addition of
retail space at Samta Amita Fashion Park, as well as the
extended racing season at the Santa Anita Race Track mean that
the City will have to address the land management element and
trip reduction programs during peak travel periods. A model
draft ordinance is to be provided that can be looked at by the
cities for adoption in each city. The Program will analyze
the impact of local land use decisions on the regional
transportation system. Arcadia will have to be looking at
effects of such development which will impact traffic.
Representatives for this area to the eleven member LACTC are
two members: Jacki Bacharach, Council Person from Rancho
Palos Verdes, and Judy Hathaway-Francis, Council Person from
La Habra Heights.
Councilman Margett commended the Finance Director and
Treasurer for their financial reports. In reply to his
questions, the City Treasurer responded with an in-depth
report on the City's long-term investment programs and goals.
The latest report shows the investment of forty-seven million
dollars with gain and losses realized provided a $500,000
return. Through conservative investing, the Finance staff
believes they will never be pressured to sell investments if
they do not want to sell. They have made it through a stock
crash, a war, a recession, and the S & L crisis. The City has
never had any money with a S & L that has been seized.
Whenever the Treasurer hears of any problems, the funds are
pulled, even though the money is federally insured.
Mayor Fasching noted that Warren and Mildred Shaw are involved
with a performance to be held on June 25 at the Duarte
Performing Arts Center. This might give Council and others an
opportunity to see how that auditorium functions.
In reply to questions from Mayor Fasching with regard to the
request made earlier in this meeting for a reduction in fees
for fire protection supervision during a filming project,
Fire Chief Gardner replied that the rates for manpower and
equipment reimbursement are set by City policy. The Police and
Fire Departments have established and published rate
structures for every position and every piece of equipment
that may be used. They do have to use on-duty fire fighters
because of insurance requirements. Also, the Ci ty is required
to pay overtime for assignment of a fire fighter to such extra
detail. The information received from this production company
was part of a telephone inquiry; no formal application was
made regarding the fee. The filming locale is a brushy area
and, in the Arboretum management's opinion, is a hazardous
area and requires fire fighter supervision. The Fire Chief
agrees with this. The filming company is going to have a
number of children in this production area that need to be
protected. They will have a gasoline driven generator with
flood lights. Under those conditions, they could get involved
in a situation that could start the brush and grass on fire.
I
16
6/16/92
I
I
~~~R
Ju . Alford, C' Cler~
FASCHING
(Root Pruning
of Parkway
Tree)
o q<-lO 'I ()
;J, \ ,:.'
FASCHING
(In Memory of
Angie Zamorano)
14.
ADJOURNMENT
(June 22,1992 -
5:30 p.m.)
ATTEST:
34:0194
The location has a lot to do with it. However, the $50 an
hour fee for a standby fire fighter is only required while
they are actually using the equipment; not necessarily during
all the time they will be at the filming location.
Councilman Harbicht sees no motivation to make this production
company a special deal any differently than any other filming
company. Mayor Fasching agreed and will leave this matter to
the discretion of the Fire Chief.
Mayor Fasching inquired, with regard to a request he had
received from a resident, whether the City could prune the
roots of a parkway tree. Apparently these roots are enormous
and have completely taken over the front part of the owner's
yard. There is no sidewalk involved. Staff had prepared a
form letter telling the resident that it is not City practice
to assume responsibility for the roots that are on private
property. Mayor Fasching inquired if some flexibility would
be possible. The Public Works Director replied that, if the
tree is in the parkway and the roots are pruned significantly,
it makes the tree dangerous because it then does not have a
foundation to hold it in place. They don't root prune a tree
unless it is absolutely necessary. Also, doing the work on
private property could create a lot of different problems,
i.e., it could result in increased claims against the City for
damages to property, landscaping, irrigation systems, etc. The
written permission of the property owner prior to the actual
work is required. The City is required to contact the
Underground Service Alert at least 72 hours in advance to be
sure that underground utility services are not jeopardized.
This would probably come to be a continuous' program to be
included in each annual budget. Such a program would require
at least two additional employees at a cost of approximately
$85 ,ODD/year. In addition, one additional pickup truck at
$15,000, and one additional stump and root grinder at $20,000
would be required. The tree is in healthy condition; the
property owner merely wants the roots trimmed. It is City
policy not to remove a tree unless it is diseased or dead.
The property owner can come to Council with a special request
or the owner can have the roots pruned at his own expense.
Mayor Fasching stated that, "we are closing the meeting
tonight in memory of Angie Zamorano, whose name is Maria de
Los Angeles Angie Zamorano, who passed away on June 3, 1992
at the age of seventeen, following a traffic accident. She
was known as Angie to her friends and fellow students at
Arcadia High School where she was to have graduated last week.
Angie was born in Argentina on November 18, 1974, and had
lived in Arcadia for three years. She is survived by her
parents, Daniel and Anna Marie, one sister, and her
grandparents. Services were held last Tuesday at Oakdale
Memorial Chapel in Glendora. I attended that funeral on
behalf of the City Council and expressed our sympathies to the
family at that funeral. It was a tragic accident".
At 10:45 p. m. the City Council ADJOURNED to a CLOSED SESSION,
RECONVENED and ADJOURNED at 10:55 p. m. to 5:30 p. m., Monday,
June 22, 1992 in the Conference Room of the Council Chamber
for a study session and to conduct the business of the Council
and Agency and any CLOSED SESSION necessary to discuss
personnel, litigation and evaluation of properties.
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6/16/92