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HomeMy WebLinkAboutSEPTEMBER 18,1990_2 I I 32:0224 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 18, 1990 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:35 p. m., September 18, 1990 in the City Hall Council Chamber. INVOCATION Pastor Madelon Wheeler-Gibb, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Fire Chief Gerald Gardner ROLL CALL PRESENT: ABSENT: Councilmembers Ciraulo, Fasching, Gilb and Young Councilmember Harbicht On MOTION by Councilmember Gilb, seconded by Councilmember Fasching and CARRIED, Councilmember Harbicht was EXCUSED. MINUTE APPROVAL (Sept.4, 1990) (APPROVED) On MOTION by Councilmember Gilb, seconded by Councilmember Ciraulo and CARRIED, the Minutes of the Adjourned and Regular Meetings of September 4, 1990 were APPROVED. Councilmember Harbicht was not present at the September 4, 1990 meeting. ORD. & RES. READ BY TITLE ONLY It was MOVED by Councilmember Ciraulo, seconded by Councilmember Fasching and CARRIED, that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. CITY ATTORNEY CLOSED SESSION The City Attorney announced that, "pursuant to Government Code Section 54956.9(a), the City Council met in a CLOSED SESSION to discuss the current case of El Monte VS. Arcadia and Rodeffer". 1. AUDIENCE PARTICIPATION Harold Ellis, 1504 South Eighth Avenue, stated, in part, that he wished to call the City Clerk's attention to the fact that legal size paper, such as used for the City Council Minutes, is a thing of the past. He wished to call the City Attorney's attention to the fact that his office has been refusing to date stamp copies of legal documents submitted to that office. The City Attorney noted that it was their policy to date stamp incoming documents and that he would be glad to do this. Mr. Ellis referred to his letter to the Councilmembers with regard to the City Attorney's memorandum. He is present to answer questions or provide further information. He feels the City Attorney's document is full of misrepresentations of fact and that perhaps some of these had caused Council to err in 9/18/90 1 2. 3, 3a. 3b. MINUTE APPROVAL (Sept.4,1990) (APPROVED) 3bb. GSX/LAIDLAW & U. S. ECOLOGY CONTRACTS (Kiewit-East Site) (APPROVED) .... ot.ao-P.:i 30 Ie. 5C1rlf;t 32:0225 decisions concerning the horse regulations; the City Attorney should make sure of his facts. Mr. Ellis further stated that the previous' week he had requested a list of the Commissions and Commissioners from the Clerk's Office with the intention of drumming up some interest in the General Plan and was refused. The City Clerk later called him and said it was not proper to give this list to him. Currently he has three actions pending against the City for denial of public records. These actions are very costly and will end up ranging from $3,000 to $6,000 each in cost before the actions are over with. If it is determined that the documents were improperly denied, then the Agency is liable for costs. Perhaps the City will change its policy if it has to pay these costs. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE I ARCAOIA REOEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Ciraulo, Fasching, Gilb and Young Agency Member Harbicht On MOTION by Member Gilb, seconded by Chairman Young and CARRIEO, Member Harbicht was EXCUSED. On MOTION by Member Gilb, seconded by Member Fasching and CARRIED, the Minutes of the meeting of September 4, 1990 were APPROVED. Member Harbicht was not present at the September 4, 1990 meeting. SCS, Kiewit's consultant, and McLaren/Hart, the Agency's consultant, have excavated and stockpiled soils contaminated with lead and petroleum hydrocarbons from the Kiewit site. Recently, McLaren also discovered buried asbestos in Trench 21. While this material can be transported to GSX/Laidlaw in Kern County, it is cheaper to send the material to the U.S. Ecology landfill in Beatty, Nevada, since we do not have to ) pay California's disposal fees/taxes and will save about i./4t'q $57/ton. Because of the dangerous nature of the petroleum hydrocarbons/lead and the possibility of spreading these hazardous wastes due to September-October weather conditions, it is crucial to expedite removal. Total cost is unknown, but could be as much as $100,000, pending receipt of Toxic Characteristic Leaching Procedure tests; review of these and of estimated waste amounts, provided by McLaren", and a firm quote by U.S. Ecology. Haulage/transportation costs will be paid through Three-D to one of their licensed approved sub- contractors. McLaren has advised that the closest and cheapest landfill which accepts asbestos is the GSX/Laidlaw facility in Buttonwillow, California. Because of the dangerous nature of I the asbestos and the possibility of spreading these hazardous materials due to Santa An~ winds, it is crucial to expedite removal. Total cost is unknown pending the actual volume excavated and the time required, but is estimated to be about $10,000. The City Attorney has reviewed both Attachments 1 and 2 to staff report dated September 18, 1990, and approved them as to form. He also advises that, pursuant to Arcadia Municipal Code Section 2844.1, the Agency is authorized to contract for these services without following the routine purchasing requirements. It was then MOVED by Agency Member Gilb, seconded by Chairman Young and CARRIEO on roll call vote as follows that the Agency 9/18/90 2 I I PRECISION WORKS, INC. & CUMMINGS TRANSPORT (Sub- contractors to Three D Services - Kiewit-East Site) (APPROVED) Ob 8CJ- ~ 0- 301 C,54n-f,;r C-/ q rCf 3c, ADJOURNMENT 4, 32:0226 CONTRACT with GSX/Laidlaw for the hauling and disposal of the asbestos; and CONTRACT with U. S. Ecology for the disposal of petroleum hydrocarbons as contained in staff report dated September 18, 1990. In reply to a question from Member Fasching, staff replied that the costs involved in these contracts will be added to the law suit and the Agency will seek to be repaid by Kiewit. The Agency will know the actual costs by the time the Kiewit situation is finalized. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb and Young None Member Harbicht The Assistant City Manager for. Economic Development advised that because of the timing, there had not been time to put this second item on the agenda. This is a request for a change order to approve two additional sub-contractors to the Agency's demolition contractor who is Three D Services. This, again, relates to the Kiewit-East site. These contractors will haul the TPH and lead debris from the site to U. S. Ecology and a second contractor will do the asbestos remediation. Asbestos is a very difficult, hazardous waste to deal with and it is necessary to have specially trained abatement contractors to deal with it. Since this is in a trench and partially underground, it is necessary that special precautions be taken. The specifications for this work were prepared by McLaren/Hart, working with Three D, and there was an effort to seek bids for the work. Precision Works, Inc. came in as the best and lowest bidder for uncovering and excavating the asbestos. The hauling of the asbestos to Buttonwillow, California will be done by GSX/Laidlaw, referred to in the previous motion. The hauling firm that was the low bidder for hauling the TPH and lead from the site to Beatty, Nevada is Cummings Transport. It is requested that the Agency authorize staff to approve these two sub-contractors to the demolition contractor (Three-D). On recommendation of the City Attorney, and pursuant to Government Code Section 54954.2(b), it was MOVED by Member Gilb, seconded by Chairman Young and CARRIED on roll call vote as follows that the need to take action on this particular i tern. which is a Change Order for Three ~ D Services I arose after the posting of the agenda. AYES: NOES: ABSENT: Members Ciraulo, Fasching, Gilb and Young None Member Harbicht It was then MOVED by Member Ciraulo, seconded by Member Gilb, and CARRIED on roll call vote as follows to APPROVE the contract with Precision Works, Inc.. as the subcontractor to Three D Services for the asbestos excavation and the loading of same onto trucks at the Kiewit-East site at an estimated cost of $15,000; and to APPROVE the contract with Cummings Transport of Maricopa as subcontractor to Three D Services to haul the TPH/lead hazardous waste from the Kiewit-East site to the U. S. Ecology facility at Beatty, Nevada. AYES: NOES: ABSENT: Members Ciraulo, None Member Harbicht Fasching, Gilb and Young The Meeting ADJOURNED to 7:00 p. m., October 2, 1990. CITY COUNCIL RECONVENED 9/18/90 3 5. Sa, HEARING SCHEDULED (Oct.2,1990) Of,-ZO-.;;. :r 5b, REGULATION XV TRIP REDUCTION PLAN 0'/30-/D 5c, CONTRACT AWARD (Live Oak Water Facilitie@ W.O. 677) b7S'O-8o 5d. SCOTT PLACE (Tr,No.44700 - Accepted for Maint. by City) o ~-fA D .- t. 0 5e, ..., 30 -{'b CONTRACT Of, AWARD (Reroofing Fire Sta,3) Sf. CONTRACT AWARD (Reroofing Chamber of Commerce) 6'7;;)D-'d-D 6. 6a. RESOLUTION NO. 5549 (ADOPTED) <> :3.;l C? _/1> ;=1 I 7(ji) ~ql 32:0227 CONSENT ITEMS PUBLIC HEARING SCHEDULED for October 2, 1990 to hear appeal of Modification MP 90-009, a proposed two-story, 4,133 square foot dwelling with an 800 square foot garage at 717 Cortez Road. APPROVED appropriation of $43,242 from general fund reserves to implement the trip reduction program for FY 1990-91, pursuant to South Coast Air Quality Management District (SCAQMD) mandated requirements. AWARDED contract to the low bidder, Schuler Engineering in the amount of $1,119,500 for the construction of Live Oak Water Facilities - Phase II - W.O. 677; AUTHORIZED the Mayor and City Clerk to execute the contract in a form approved by the City Attorney; WAIVED any informalities in the bid or bidding process; and APPROPRIATED an additional $446,000 for the project from the Water Facilities Replacement Fund. I ACCEPTED for maintenance by the City, the public improvements, including street, sewer and water systems, in Tract No. 44700, Scott Place, which is a cul-de-sac located on the west side of Fourth Avenue, between Duarte Road and Camino Real Avenue. AWARDED contract to the low bidder, Veltri Roofing in the amount of $12,687 for reroofing Fire Station 3 located at 79 W. Orange Grove Avenue. Funds are available in the Capital Outlay Fund. AWARDED contract to the low bidder, Weatherite Roofing in the amount of $17,960.00 for reroofing the Chamber of Commerce Building. Funds are budgeted in the Capital Outlay Fund in the amount of $20,000.00. These funds were approved at the Council Meeting of June 19, 1990. In reply to a question from Mayor Young regarding the difference in the amounts of the bids submitted, staff responded that the low bidder is a qualified contractor and recommended the award of the contract. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER GILB, SECONDED BY COUNCILMEMBER FASCHING AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Gilb and Young None Councilmember Harbicht I CITY ATTORNEY The City Attorney presented and read the title of Resolution No. 5549: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1990-91 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION" . 9/18/90 4 I I 6b, CLAIM OF M.TUFENKIAN (DENIED) I {"IO - '10 7. COMMUTER RAIL STATION GRANT APPLICATION (APPROVED) 08':1 0..--"--0 ,~n: / 5-r4 71 v'" 32:0228 It was MOVED by Mayor Young, seconded by Councilmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5549 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching, Gilb and Young None Councilmember Harbicht On recommendation of the City Attorney, the claim of M. Tufenkian was DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Fasching and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Ciraulo, None Councilmember Harbicht ./' / Fasching, Gilb and Young MATTERS FROM STAFF Staff reported that Arcadia was recently approached by the Los Angeles County Transportation Commission (LACTC) about the potential of being included in a State of California Transit Improvement Program Grant Application for the placement of a commuter rail stop in the City. Applying for the funds does not commit the City to a station, nor does it shut out other cities who later decide to pursue a station. Each participating city could be entitled to up to 25% of development costs up to $200,000. Councilmember Fasching noted that the plans for a light rail (not commuter rail) system is still the top issue with Los Angeles and Pasadena. Also, Monrovia has some ambitious plans for a commuter rail station; also there is possibility of a station in East Pasadena if the commuter rail goes through. He is not adverse to having Arcadia's name on the list for money for the commuter rail station, but he does not want to have staff spend a great deal of time and effort on feasibility studies. He pointed out that the only possible place where they would have room for such a station would be behind the lumber yard on the Santa Fe property. Councilmember Gilb pointed out there was not room on that property for car parking. Mayor Young does not object to Arcadia placing its name on the list in case it is decided to have a station. She agrees with Councilmember Fasching that Arcadia may not want the station. Staff' stated that the preliminary feasibility study will involve a minor amount of time. Staff will bring the study back to Council for further direction if they get into real heavy study with a lot of time and money involved. It was MOVED by Councilmember Gilb, seconded by Mayor Young and CARRIED on roll call vote as follows that Arcadia's participation in the State of California's Transit Capital Improvement Program Application be APPROVEO and that staff research the feasibility of locating a station within the City limi ts . AYES: NOES: ABSENT: Councilmembers Ciraulo, None Councilmember Harbicht Fasching, Gilb and Young Councilmember Gilb noted that staff was going ahead with this with the understanding that there is to be another step. If that will involve a lot of staff time, he would not be in favor at that point. He does not feel the City has a place for a station, or needs a' station. 9/18/90 5 8, GILB (In Memory of Cecil Dean Collins) FASCHING (In Memory of Joe Dolan) 9, ADJOURNMENT (Oct.2.l990 - 7:00 p,m.) ATTEST: J 32: 0229 MATTERS FROM ELECTED OFFICIALS "I would like to close the meeting tonight in memory of Cecil Oean Collins, a longtime resident of Arcadia, who passed away September 7, 1990, at his home following a long illness. Mr. Collins was born May 20, 1912, in Richmond, Kansas. For most of his life he was in the trucking business; he was a "trucker". Back in Kansas, he was one of the drivers in the early days of the "big rigs", the eighteen wheelers. Raised in Kansas, he moved his family to Arcadia in 1947. He retired from the transportation business in 1976 after forty years. He was a member of the Annunciation Church in Arcadia since its founding in 1949. He is survived by his wife of 53 years, Kathleen of Arcadia; three children, Jerry Collins of Arcadia, who is the Recreation Director of the City of Arcadia; Linda Boucher and Patricia Coleman of Reno, Nevada; a sister, Charlene Dennis of Lakewood; eight grandchildren and nine great grandchildren. A funeral mass was held September 10 at Annunciation Church and internment took place at Resurrection Cemetery in San Gabriel. It is an honor for me to adjourn this meeting in memory of Cecil Dean Collins." I "Madam Mayor, I would also like to close our meeting tonight in memory of Joe Dolan, the seventeen year old son of Jim and Patty Dolan. Joe was killed last Wednesday in a tragic accident. Joe was born and raised in Arcadia, attended Baldwin Stocker Elementary and First Avenue Junior High. He was an active and outgoing young man in our community and would have entered his senior year at Arcadia High School this month. In addition to his parents, Joe is survived by three older brothers, John, Jeep and Jeff. Needless to say, Joe Dolan will be sorely missed by his family, many friends and our community." The meeting ADJOURNED at 8:03 p. m. to 7:00 p. m., October 2, 1990 in the City Hall Conference Room to conduct the business of the Council and Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. 77?aA~.tt~U/Ylr Mary B, ung, M or J I 9/18/90 6