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HomeMy WebLinkAboutNOVEMBER 2,1982_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION Newcastl~, Sister Ci ty { e ~ ~ ~TIREE Helen Cowdery ~:YOUTH COMMISSION 1 ~ ~OUTH COMMISSION EVENT APPROVED 25:0611 M I NUT E S . 'CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY 'REGULAR MEETING NOVEMBER 2, 1982 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, November 2, 1982. at 7:30 p.m. in the City Hall Council Chambers. Louise Gelber, First Church of Christ Scientist, Arcadia Steve Fetbrandt, San Gabriel Valley Tribune PRESENT: ABSENT : Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino None On MOTION by Councilman Lojeski, seconded by Councilman.Dring and carried unanimously, the minutes of the adjourned and regular meetings of October 21, 1982 were APPROVED. Mr. Richard Face, Member of Parliament from Newcastle, New South Wales, Australia, presented a book, "A Day in the Life of Australia" depicting a photographic history; also "Hunter Region Directory for 1981" con- taining,details and information on all sections of the business com- munity of Newcastle, New South Wales, Australis. This will become part of the Newcastle-Arcadia Sister City memorabilia. Mr. Face also pre- sented Mayor Pellegrino with a special tie from Newcastle. He also spoke highly of the Arcadia young people who visited, and the Arcadia Music Club participants. On behalf of the City Council, a plaque was presented to Helen Cowdery in appreciation of her efforts and accomplishments as a member of the Police Department for seventeen years. Councilman Haltom, Liaison to the Youth Commission, presented certifi- cates of Appreciation to the following members of the Youth Commission: Leslie Aldahl Laura Beiswenger Vickie Dickson Colleen Hanrahan Alex Pilmer The Oath of Office will be administered to the new members in the near fuwn. I The request of the Youth Commission for Council to again sponsor the Arcadia Youth Commission excursion to Disneyland on March 25, 1983. It was noted in the staff report that the 1982 excursion was very successful and no problems were encountered. The Commission recommends that the same rules be used as in the past. It was MOVED by Councilman Dring, seconded by Councilman Hannah, and carried on roll call vote as follows that the request be approved with the initial cost of $150 for the first twenty tickets to be taken from the Commission Trust Fund. Additional tickets may be purchased from Disneyland on consignment. AYES NOES ABSENT : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None I -l- 11-2-82 CHRISTMAS Staff advised of a request from Old World Imports to rent above-mentioned TREE SALES property for the sale of Christmas trees from December I through December DENIED 3l, 1982. In connection herewith, staff inquired as to the Agency's Lot to be IJ preference on some cosmetic improvements on the now vacant parcels ... Landscaped 1,1 It is estimated it will remain vacant for at least 6 to 18 months. Staff ~ 'f' - submitted costs for chain-link fencing: II It , Chain-link fencing $1,200 Italian Cypress to surround property Oil-base retardant to hold down dust Seeding of a lawn ROLL CALL FIRST AVE. & HUNTINGTON To be Marketed "" r/]; fJi;1 25:0612 Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT : Members Dring, Haltom, Hannah, Lojeski, Pellegrino None Staff submitted a report and recommendation regarding marketing strategy for the Agency-own.ed property at the north-west corner of First Avenue and Huntington Drive. The improvements on said site have now been demolished and staff suggests that a marketing brochure be prepared for the site. This will be mailed to developers, potential owner-users, the Arcadia Board of Realtors, Chamber of Commerce, and real estate brokers/agents. All written offers regarding those projects will be forwarded to the Agency for consideration. The criteria was set forth in staff report dated November 2, 1982. 1 It was MOVED by Member Hannah, seconded by Member Haltom, that staff be directed to proceed with the marketing of the subject site as outlined in the staff report dated November 2, 1982. Discussion ensued with Member Lojeski referring to the possibility of building a parking structure over the public lot in Parking District No.2... and submitted that no special emphasis be placed on parking in the brochure. He would like staff to select the top three or four pro- posals for Agency consideration. Member Dring said he would like to have actual costs to the Agency on this project ... what was initially paid for the properties ... any additional expense legal fees and demolition costs. Staff responded to these questions and explained how they arrived at the figures. Member Haltom asked if the Agency members would be interested in pur~ suing a, type of land-lease arrangement - similar to that under considera- tion for the Par-3 City-owned property... this would provide the Agency with a constant income. The City Attorney will see if leasing will be legal. Member Hannah was in agreement that the Agency should look into the aspects of both selling or leasing. He would also like to know what, if any,iare the cash flow problems in connection with the Agency... also, it was his observation that the subject property is worth more than the asking price and that the brochure should include all the costs. Member Lojeski submitted in part that when the property was purchased in 1979, there was no idea that there would be litigation which would go on for three years ... that it's well and good to say than an X number of dollars could have been made on this proprty - when in reality, this was not possible because of the circumstances at that time. Roll call vote was taken on the MOTION to pr..ceed with marketing. AYES NOES ABSENT: Members Dring, Haltom, Hannah, Loje"ki, Pellegrino None None I 300 1,500 3,500 plus approximately SO/month maintenance -2- 11-2-82 1 ~.>f PaoJECT AREA COMMITTEE MEMBER November 16 I r; 25:0613 The Agency also received an offer from the Arcadia Business Association to pay for the maintenance costs if a lawn were planted. Considerable discussion ensued on the most appropriate short-term arrangement. It was MOVED by Member Dring, seconded by Member Hannah and carried on roll call vote as follows, that the request of Old World Imports to rent the property be DENIED; that staff be directed to plant a lawn and the cypress at $3,500 and $300, respectively. Member Lojeski was opposed to giving up the income of $I,OOO for the month of December. Chairman Pellegrino concurred. The offer of the Arcadia Business Association was also accepted. AYES NOES ABSENT: Members Dring, Haltom; Hannah Members Lojesk, Pellegrino (for reasons stated) None Confirmation of John Jorden as a member of the Project Area Committee will be before the Agency on November 16, 1982 '" this allows time for Mr. Jorden to file his Conflict of Interest statement. The Agency then adjourned to November 16 at 7 p.m. AUDIENCE PARTICIPATION Mrs. Johanna Hofer, 875 Monte Verde Drive, expressed appreciation to those who brought certain facts concerning the use of the County Park to the attention of the City Council. She also referred to Ordinance No. 1758 which is on the agenda for introduction at this meeting, and asked Council not to act hastily in this matter. She suggested that more information be obtained on Mr. Tucker, author of the Tucker Bill. She asked what prevents Council from increasing the admission tax at this time, and then the business license fee ... she also felt it poor taste to hold a Council meeting on an election night. Earl Stanek, 79 W. Orange Grove Avenue, spoke at length concerning the need of the citizens for the use of the Par-3 Golf Course. He felt the City could well afford providing a small golf course such as this, especially since they do not have to operate it. He also noted in part that this golf course was built on a deep land fill that was once a gravel pit and then a dump. Consistent settlement is evident on the site and the adjacent parking area. In addition, the presence of methane gas caused the County to abandon a mobile home park near the site some years ago. As far as the Cadillac Fairview Company providing some senior citizens low rent housing is concerned ... he said this can only be secured through subsidies from the Federal Government - and HUD receives 25 proposals for each one for which they have funds. This is based mainly on the qualifications of the site ... the geological problems would dis- qualify the project. He spoke to financial problems of the company which is not a California nor an American firm. He felt the public should be advised of these activities and that several proposals should be received. Herb Fletcher, 175 W. Lemon Avenue, agreed with the remarks of Mr. Stanek. He felt it unwise to give an exclusive right to negotiate on items such as this and that the public has a right to know what is being contemplated by Council. He was advised that there will be at least three public hearings on this project before it goes forth ... and regarding the possibility of a fire station being located adjacent to the property, a report compiled by the Fire Chief is on file in the office of the City Clerk. John Piuma, owner and operator of the Par-3 Golf Course, explained his dilemma as far as the disposition of the property is concerned - and stated in part that there are many in opposition to the proposed -3- 11-2-82 PUBLIC HEARING Scheduled November 16 PETITION FOR STREET LIGHTS APPROVED PUBLIC HEARING SCHEDULED FOR DECEMBER 7 HANDYMAN GRANT PROGRAM Report due November 16 PROJECT PAR-3 GOLF COURSE Financial Repor t Due December 7 /, , , I 1,1' ff I' 25:0614 development ... that he has some 2,500 signatures in that regard. He asked Council not to move so quickly on this project. Staff advised that giving an exclusive right to negotiate does not obligate the City. Eleanor Ciocca, part-owner of the Par-3 Golf Course, asked Council to create more activities for the senior citizens ana the-youth of the community instead of proceeding with the proposal under discussion. CONSENT ITEMS A public hearing was scheduled for November 16 on Planning Commission Resolution 1208 recommending approval of Zone Change Z-82-1 adding a 1 design overlay to the R-O'15,OOO and R-O 30,000 zoned properties located in the Santa Anita Oak area bounded by Orange Grove Avenue on the north, Santa Anita Avenue on the east, Foothill Boulevard on the south, and Baldwin Avenue on the west, and recommending regulations for the "nil zone. Installation of street lights on, existing power poles in Lemon Avenue from Holly Avenue to Baldwin Avenue APPROVED. Public Hearing scheduled for December 7, 1982. THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT,: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None It was noted in the staff report that the City has set aside Community Development Block Grant Funds in the amount of $50,000 for a Handyman Grant Program to aid low- and moderate-income families in making necessary rehabilitation to their dwellings. Staff felt it most cost- efficient for the City to proceed with the project by employing a con- sultant with expertise in administering such a program. Recommendation was made therefor. During the consideration on just what tasks the Handyman Program should encompass ... it was noted that the grant is only for,$50,OOO, and if over $9,000 is spent to administer the program, that would leave only $40,000 .... It was felt that Council should decide just what the Handyman program should do ... more of the simple jobs such as fire alarm and deadbolt installatio~ security systems. Staff will prepare a report for the meeting of November 16 ..., keeping in mind all of the comments made by the Council. I The City Council had directed staff to prepare an "Exclusive Right to Negotiate" Agreement for the development of City-owned property at 620 East Live Oak Avenue, site of the Par-3 Golf Course. The Agreement provides a period of 225 days for negotiation, terms and conditions of a long-term lease and/or agreement for a 515-unit condominium develop- ment, at least 72 senior citizen rental units, and a fire station. Staff noted that the Agreement does not obligate the City; however, it does obligate the City not to negotiate with any other developer during the period of the Agreement. (See staff report dated November 2.) Considerable discussion ensued and concern was expressed as to just with whom the City is dealing - Cadillac Fairview has pulled out in favor of Southwest Diversified. The officers of that company are not known at this time. Some concern as to whether or not an exclusive -4- 11-2-82 1 COUNTY PARK USE (NOT FEASIBLE AT THIS TIME) I ROLL CALL I ORDINANCE NO. 1758 INTRODUCED v 25:0615 right should be given. It was agreed that,a feasibility study is necessary ... and including all the financial data .requested prior to proceeding, and complete compliance with an item referred to as Item 13 of the proposed agreement, wherein, "The developer is required to make full disclosure to the City of its principals, officer, partners, joint ventures, employees and/or other associated a,d all other perti- nent information concerning the developer and its associates as requested in writing by the City." The Vice President of Cad'illac Fairview Homes, Gary Cook, said the request is not unreasonable and he will work with staff in an endeavor to supply' all data. It was the consensus that this matter be tabled until December 7 - thereby allowing sufficient time for the garnering of the requested information. Charles Chivetta, 106 E. Longden Ave., suggested that the item "Audience Participation" be scheduled for later in the meetings, thereby better serving the public ... in that action would have been taken by Council by that time and there may be those who would like to speak to a specific item ... which they cannot do unless it is a public hearing item. In connection with the possibility of obtaining title to the Arcadia County Park to expand the existing building into a senior citizen com- munity center, staff made contact with the appropriate Federal agency. The legal staff of that agency submitted in part that the Federal Government would most likely invoke their reversionary rights if the City allows a commercial entity to develop a portion of the park. They indicated that they would claim title to any sublease revenues which might be generated from commercial development if that became a reality. As an alternative it,was noted that the City would have the right to bid on the sale of any portion of the park which might revert back to the Federal Government. This bidding process would take about eighteen months. If the City were to seek without consideration a quit claim of the Federal Government reversionary rights, it would require an Act of Congress, literally. It was, stated they would vigorously oppose such a project. Staff submitted that the key to the concept of developing a senior citizen community center would rest on the ability of the City to obtain sublease revenues from any commercial facility on the grounds. However, in light of the information provided by the Federal Government, staff felt the project is not feasible. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that the Mayor be authorized, on behalf of the City, to inform'Los Angeles County Supervisor Pete Schabarum of these findings. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None The City Attorney presented for the first time, Ordinance No. 1758, requested by the Council for introduction, explained this is an Ordinance electfng to receive .33 of 1% of parimutuel wagers pursuant to Section 19610.3 of the California Business and Professions Code. Councilman Dring MOVED to waive further reading of Ordinance No. 1758, MOTION seconded by Councilman Lojeski and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Councilman Dring stated for the record, "More than one of us during our campaigns and while sitting on the Council, and over the. years, have stated repeatedly that what we don't like "bout"thils\,biKthat ... is all ""5- 11-2-82 ORDINANCE NO. 1758 INTRODUCED (cont'd) ORDINANCE NO. 1759 INTRODUCED I 25:0616 the strings attached - State, Federal, what have you~ Because of the disproportionste amount that we will receive, based on 'our best esti-' mates compsred to what we are receiving now, we're jumping iliillo'~,th1s It has a significant effect on our tax revenue base now and for years to come. We will absolutely lose entirely 100% of our control if we agree to this, and I suggest to you that that is not the appropriate thing to do over the long term; that we will handicap our future mobility and decision-making and future Councils and the citizens of Arcadia. I think,if you're after an extra $800,000, you could just as easily go to the people with a vote to raise the admission taxes, and I'm very sure in my mind an admission tax would get it. Now, of course, the track will oppose that because while this mainly provides us with an extra $800,000 it gives them over $l million. And that's fine - that's track business and 'I appreciate that. That's good bus.i!less for them. I'm not opposed to the track,msking money in any way they can - that's what they're in 'business for. 1 "I am opposed to giving up our control of this from now on, forever. And I think thst's a bad choice for us to make. 'If we really need the $800,000, don't give up the control - go to the people for a vote to increase the tax; 'I'm sure you'll get it. That's really the' issue here. In a hurry to grab the $800,000, you're going to let" go of that control forever, from now on. And I think that's a bsd choice. The' State will decide what you'll get. They've changed the percentage. They can do whatever they want. They've taken mot?~);vehicle license - I mean - we sit in the budget meetings and reco,g"i.z,~:ithis - stripping away the motor vehicle license in lieu taxes that were started as City revenues, and they just continue to dip in and overspend and th~ State isn't going to recover for a long time. They can turn right ,ai~u?d and buy another vote, no big deal up there - a slight majority is all it takes of any group that's there - any quorum - and they can change that .33 to .ll and they can keep the other .22 and we're at their exposure. "You know as well as I do that the State has to deaiing with the City's monies. I really don't approve it, because if you really want the people. Right now we don't seem to need but I just think it's the wrong thing to do. been brutal when it comes strongly recommend that you the extra $800,000, go to it. We'd love to have it, Thank you." . Councilman Hannah said in part that he could not argue about the State Government cpanging the rules in the middle of the game; however, to him it is just good business judgment to almost double our income from the track with this device .,~. it is well worth taking the risk... it doubles the amount of new net revenues and it gives'us the potential for even more substantial revenue down the line. He felt it is a' chance the City should tske, assuming thst the Stste does not reduce it. In response to s que'stion, the City Attorney said 'in psrt that assuming the City enters into the agreement, the City would be locked into it for the length of the bill -- that if the State reduced the .33 of l% the City would no'10nger be obligated under the agreement to keep the ordinance in effect '" the City could r~peal the ordinance and then commence assessment and collection of the admissions tax. 1 It was then and carried INTRODUCED. . , MOVED by Councilman Lojeski, seconded by Councilman Haltom, an roll call vote as follows, that Ordinance No. 1758..be AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski, Pellegrino Councilman Dring None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1759, entitled: "AN ORDINANCE'OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING} SECTION 66l3.13 THEREOF TO ALLOW CHARITABLE AND RELIGIOUS ' SOLICITATION i ON SATURDAYS." / ,I , -6-: 11-2-82 " I 1 ORDINANCE NO. 1759 (cont'd) ~ CLAIM DENIED (Coberly Rent-A-Car) , , r CLAIMS DENIED (Rossini) f tLAIM DENIED (Gecsy) f'CLAIM DENIED (LIND) ADJOURNMENT November lb. 1982, 7 ,p .m. 25:0617 It was MOVED by Councilman Haltom, seconded by Councilman Hannah, and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1759 be waived. AYES NOES ABSENT : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None It was further MOVED by Councilman Haltom, seconded by Councilman Hannah and carried on roll call vote as follows, that Ordinance No. 1759 be INTRODUCED. AYES NOES ABSEN't : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None On reQommendation of the City's claim adjuster and City Attorney, it was MOVED by Councilman Haltom, seconded by Councilman Lojeski, and carried on roll call vote as follows that the claim of Coberly Rent- A-Car be and it is hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None On recommendation of the City's claim adjuster and City Attorney, it was MOVED by Councilman Haltom,. seconded by Councilman Lojeski, and carried on roll call vote as follows, that the claims of Gene Bruce and Matthew Jeremy Rossini be and they are hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None On reQommendation of the City Attorney, it was MOVED by Councilman Halto~, seconded by Councilman Lojeski, and carried on roll call vote as follows, that due to circumstances. the claim of Marie A. Gecsy be DENIED and the claim forwarded to Vernon Paving Company for their defense and indemnification of the City. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None On recommendation of the City's claim adjuster and City Attorney, it was MOVED by Councilman Haltom, seconded by Councilman Dring, and carried on roll call vote as follows, that the claim of Edward F. Lind be and it is hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino None None Council entered a closed session, reconvened, and adjourned at 10:40 p.m. to 7 p.m. November 16, 1982 in the Conference Room in memory of Mrs. Don (Fran) Williams. Mr. Williams is President of the Williams Caterlng Company; also in memory of Mr. Ralph Gilb, Uncle of former Mayor Charles E. Gilb, a retired Warrant Officer in the United States Marine Corps, and a resident of Oceanside, California; and to conduct the business of the Council and Redevelopment Agency and any closed session, if any, necessary, to discuss personnel and litigation matters and evaluation of properties. ~"r1d Mayor !J~~~~ City Clerk -7- 11-2-82