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HomeMy WebLinkAboutFEBRUARY 18,1997_2 I I I OIIO.S'"O 39,0051 V.J/fq 'J c:C' CITY COUNClL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN TIlE OFFICE OF TIlE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING FEBRUARY 18, 1997 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, February 18, 1997, at 7:10 p,m, in the Arcadia City Hall Council Chambers. INVOCATION Reverend Gary Clark, Christian Center of Arcadia PLEDGE OF ALLEGIANCE Kent Ross, City Librarian ROLL CALL PRESENT: Councill Agency Members Chang, Harbicht, Kovacic, Young, and Kuhn ABSENT: None 1. EXPANSION! RENOVATION OR CONSTR. OF POLICE F AClL. 2. 3. 4, ORD. & RES. READ BY TITI,E ONLY City staff presented a report and requested direction regarding expansion/renovation or construction of a police facility at the 6:00 p,m, adjourned regular meeting this date, PRESENT AnON BY THE ARCADIA PUBLIC LmRARY Kent Ross, City Librarian, presented slides and gave a review of the activities and programs of the Arcadia Public Library, SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None, QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS None, It was MOVED by Council member Chang, seconded by Council member Young, and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading in full be WAIVED, AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None 5. PUBLIC HEARINGS Sa. 0;(& -3{) CA13LE T.V. Mr. John Risk of Communications Support Group, the City's consultant, presented information RATES, regarding cable television rates, Details of his presentation arc contained in the staff report dated FCC REMAND February 13, 1997. On June 20, 1995, the City found that TCI Cablevision of Los Angeles (TCI Cablevision) County ("TCI") had incorrectly included in its rate calculations certain costs described by the 1 2/18/97 I I I RESOLUTION NO, 5981 (ADOPTED) 0810 -.30 5b. CABLE T. V. RATE DETER- MINATION oW /0 _:.:ll{) 39:0052 operator as overhead expenses for converter units, which increased the operator's equipment rates. In its review of TCl's Form 1205, the City excluded all of these costs, thereby reducing TCl's rates to subscribers for addressable and non-addressable converters by $,28 and $.27 per month, respectively, TCI challenged the City's rate determination, On September 12, 1996, the Federal Communications Commission (FCC) released Order DA96-1497, which provides a review by the FCC on the merits of TCI's arguments and the merits of the City's rate decision, The order clarifies the issues and determines that TCI must be allowed to recover its equipment costs, but must do so consistent with FCC rules, Mr. Risk noted that this is a very complex, matter, The FCC order required the City to revisit its earlier decision regarding the reasonableness of TCl's proposed rates, which were proposed to take effect in October 1996 but did not. Based on a review of additional information, Mr, Risk made the recommendation that the City's rate order adopted in June 1995 should be upheld and that the rates being proposed by TCI at that time were unreasonable. Resolution No, 598] affirms compliance to the FCC remand and affirms the reasonableness of the City's June 20, ]995, decision. Mr, Risk answered questions from Council. With regard to the question of whether or not TC] will try to recover undercharged rates, should TCI win its appeal process, Mr, Risk said it is a possibility, but because of the subscriber confusion this matter has brought on they probably will not. Each year TCI makes a proposal in March to adjust rates on June I. Mayor Kuhn declared the public hearing to be OPEN, Stacev Kellv of TCI stated in part that TCI voluntarily reduced its rates to those ordered by the City in ] 995, and therefore would not be able to recover. any undercharges even if the FCC ruled in TCl's favor, She explained that the matter of the $20 overhead charge, which was ordered removed by the FCC, has been appealed by TCI to the full Commission and has yet to be decided, Ms, Kelly stated that the City has not responded to the FCC's remand, and if the City finds that the $20 should be completely taken out ofTCl's filing, TCI will appeal. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Council member Young, seconded by Mayor Pro tern Harbicht, and CARRIED. Council member Kovacic asked how much it would cost the City for an appeal process, and what the savings would be for subscribers. Mr, Risk stated that costs to file an appeal have been approximately $3,500 to $7,000 each year. He has estimated a cost of $7,500 to follow through with the two rate resolutions for the two years involved, and an average cost of $5,000, The savings to subscribers was $100,000 when rental rates on converters were reduced in 1995, and there is a potential savings of $500,000 over the life of the converter. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Chang and CARRIED on roll call vote as follows to ADOPT Resolution No, 5981, entitled: "A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA, RESPONDING TO THE REMAND DIRECTED BY THE FCC (DA96-1497) AND AFFIRMING THE REASONABLENESS OF THE CITY'S JUNE 20, 1995 RATE DETERMINATION (RESOLUTION NO. 5862) AND UPHOLDING THE FINDING THAT RATES CHARGED BY TCI CABLEVISION OF LOS ANGELES COUNTY FOR EQUIPMENT PROPOSED IN A FORM 1205 DATED FEBRUARY 28, 1995 ARE UNREASONABLE," AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Mr. John Risk of Communications Support Group, the City's consultant, presented information regarding cable television rates, Details of his presentation are contained in the staff report dated February 12, 1997, An FCC Form 1205 was submitted by TCI Cablevision of Los Angeles 2 2/18/97 I I I RESOLUTION NO. 5982 (ADOPTED) OJ'/<) - .:i () 39:0053 County to the City of Arcadia on March I, 1996 to justify equipment rates which took etTect on June I, 1996, The FCC requires cable operators to file a Form 1205 on an annual basis to update regulated equipment and installation charges. TCl's March I, 1996 Form 1205 proposed a significant increase in TCl's equipment and installation rates, After review by Communications Support Group of materials which were submitted by TCI, it is believed that TCI has failed to justify that a $20 overhead charge for converter boxes is not already included in current installation rates, In the period June I, 1996, to May 31,1997, the savings to subscribers for converter equipment is estimated at $106,855,80, which would represent the refund liability if the City prevails in its resolution, FCC rules require franchise authorities to take action within a year from rates being proposed. Since TCI proposed its rates on March I, 1996, a rate determination must be adopted by the Council prior to March I, 1997, or a refund liability to subscribers will be waived. Resolution No. 5982 suggests converter charges which would take etTect June I, 1997, and the amount" overcharged would be credited against the rates going forward, Mayor Kuhn declared the public hearing to be OPEN. Stacev Kellv of TCI stated in part that FCC rules require cable television rates to simulate those in an area which would experience etTective competition, whether or not there is such competition, Rates vary by the age of equipment and specific costs in each system. Converter rates do not go down to zero after five years because they are calculated based on a pool of costs, Old converters are pooled together with new ones; as each system retires old converters and purchases new ones, the pool each year is continually shifting, Ms, Kelly stated that TCI has not yet finished calculating rates going forward and is not in a position to agree or disagree what those rates will be, She noted that if the rate order is approved tonight by Council, TCI will appeal it to the FCC and ask for a stay of the order until the FCC makes its final determination, If a refund must be made, it will either be made to those specific subscribers who were overcharged, the class of subscribers who are current subscribers when the refund is ordered, or possibly refunded into the going-forward rates, Ms, Kelly has calculated an estimated refund of $60,000 hased on specific subscribers who receive each piece of equipment and who are overcharged for the equipment. Tem Scott of TCI responded to a question by Council member Kovacic to explain that TCI is currently negotiating with Fox Sports to look at their product called Fox Sports West 2, which they have split otT, TCI is trying to avoid the precedent of the splitting of sports teams onto several ditTerent channels, as has been done by ESPN, which could result in costs being passed on to subscribers, No one else desiring to be heard, the public hearing was CLOSED on MOTION by Council member Young, seconded by Council member Kovacic, and CARRIED. It was MOVED by Mayor Pro tern Harbichl, seconded by Councilmember Kovacic and CARRIED on roll call vote as follows to ADOPT Resolution No, 5982, as amended to correct a minor typographical error, entitled: "A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF ARCADIA, CALIFORNIA, DISAPPROVING TIIE RATES CHARGED BY TCI CABLEVISION OF LOS ANGELES COUNTY FOR EQUIPMENT DURING TIIE PERIOD JUNE I, 1996 TO PRESENT, ORDERING A PRESCRIBED RATE, AND ORDERING A REFUND TO SUBSCRIBERS AND MAKING FINDINGS IN CONNECTION TO A FORM 1205 DATED MARCH 1,1996." AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None 3 2/18/97 I I I 5c. WEED ABATEMENT PROGRAM (APPROVED) O'l<{O .5'0 5d. WATER SERVICE FEES O:J~()-Gr 39:0054 On February 4, 1997, the City Council adopted Resolution No, 5977 declaring its intention to provide for the abatement of noxious weeds, rubbish and refuse from certain private property within the City, Resolution No. 5977 also set this date as the time and place to hear objections to the proposed removal of such flammable and otherwise noxious material. As required by the Government Code, the County Agricultural Commissioner has mailed the appropriate notice to all affected property owners. The County has also provided a list which identifies the properties requiring weed abatement by parcel number and street address, or general location if a street number has not been assigned, A representative from the City Fire Department and the County Agricultural Commissioner's Office were present to answer questions, Council member Young noted that the cost for abatement goes on property owners' tax bills, and asked if there has ever been a problem collecting such a lien. Chester Olson of the County Agricultural Commissioner's Office noted that there is an appeals process and some property owners do appeal. If property taxes are not paid, there is a five-year waiting period and then the County will sell the property at a tax auction, Mayor Kuhn declared the public hearing to be OPEN. No one desiring to be heard, the public hearing was CLOSED on MOTION by Council member Chang, seconded by Council member Young, and CARRIED. It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Young, and CARRIED on roll call vote as follows to DIRECT the County Agricultural Commissioner to abate the nuisance by having the weeds, rubbish and refuse removed from those properties set forth on the weed abatement list attached to the staff report dated February 18, 1997. AYES: NOES: ABSENT: Coullcilmembers Chang, Harbicht, Kovacic, Young, and Kuhn None None Consideration of introduction of Ordinance No. 2066, which proposes to amend various sections of Article VII, Division 3, Chapter 5 of the Municipal Code relating to water service fees, and to hold a public hearing on said fees, Financial pressures are forcing many city governments to take a close look at the cost to provide public services, Patrick Malloy, Maintenance Services Director, answered questions from Council. It is proposed to raise charges for water turn-{)n after hours from $10 to $100; for water meter flow tests, from $5 to $25 for a first test and $70 for a second test in one year; and for water turn-{)ff and turn-{)n for nonpayment, from $10 to $50 during business hours and $100 after business hours. Implementing the proposed fees would result in a $14,000 increase in revenues per year. Mayor Kuhn declared the public hearing to be OPEN. No one desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Young, seconded by Council member Chang, and CARRIED. Council member Harbicht commented there are instances when water may be turned off because a customer cannot afford to pay the water bill. Then, when there is enough money to pay the bill, the customer must come up with an additional $100 for tUfll-{)ff/turn-{)n charges, Mayor Kuhn was concerned over the tenfold increase, from $10 to $100, for water turn-{)n after hours, Councilmember Chang suggested charging the City's cost for the service, adjusting the fee gradually. Increasing from $10 to $100 is too much at one time; he suggested a fee of$30, For water turn-{)ff/turn-{)n due to nonpayment, perhaps the proposed fees of $50 during business hours/$100 after business hours could be decreased to $30/$50 for a first offense, and $40/$70 for 4 2/18/97 I I I ORDINANCE NO. 2066 (INTRODUCED) 5e. MAINTENANCE SERVICE! WATER SERVo FEES {)3~()-(jd RESOLUTION NO. 5978 (ADOPTED) f).J.s'f} .{; 'I 39:0055 a second offense. Councilmember Kovacic did not mind Councilmember Chang's graduated fee schedule if it would not create a bookkeeping problem for the City, The City Manager suggested two fees to have water turned off/on due to nonpayment-perhaps $25 for a first offense and $50 for a second offense. After business hours the fee would be $100, Councilmember Kovacic preferred a $25 fee regardless of how many offenses, and revisit the matter in a year if someone is abusing the service. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Kovacic, and CARRIED on roll call vote as follows to ADOPT the schedule of Maintenance Services Department fees, amending the fee for water turn-off/turn-on for nonpayment to $25 during business hours and $100 after business hours, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Kovacic, Young, and Kuhn None None It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Kovacic, and CARRIED on roll call vote as follows to INTRODUCE Ordinance No. 2066, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS TO ARTICLE VII, DIVISION 3, CHAPTER 5 OF THE ARCADIA MUNICIPAL CODE RELATING TO WATER SERVICE FEES," with the above- mentioned changes to the schedule of Maintenance Services Department fees. AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Consideration of report and recommendation to adopt Resolution No. 5978 setting forth fees relating to maintenance service/water service, and to hold a public hearing on said fees. Financial pressures are forcing many city governments to take a close look at the cost to provide public services, The rationale behind service charges is that certain services are primarily for the benefit of individuals rather than the general public. Thus, the individual benefiting from a service should pay the cost associated with providing that service. This is consistent with the Council's directive that staff review all City costs to insure that people using the services actually pay the appropriate fee. If the proposed fees are not implemented, the General Fund and Water Fund revenues would be impacted, possibly resulting in a negative fund balance requiring a transfer from other City funds to fund the difference, Staff answered questions from Council regarding the proposed fees. Implementing the proposed fees would result in an increase of $8,200 in revenues per year. Mayor Kuhn declared the public hearing to be OPEN. Vincent Folev. Cambridge Drive, commented with regard to Public Hearing Item 5d, stating that if the City is going to adopt a welfare component to the budget, it should be stated as such, No one else desiring to be heard, the public hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Council member Chang, and CARRIED, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young, and CARRIED on roll call vote as follows to ADOPT Resolution No. 5978, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING FORTH FEES RELATING TO MAINTENANCE SERVICElWATER SERVICE." 5 2/l8/97 I I I 5f. POLICE DEPT, FEES f),3,S"o ,,7~ RESOLUTION NO. 5979 (ADOPTED) O"?~11) .7,) 5g, SALE OF ARA-OWNED PROPERTY TO CITY OG~1:l - ? '1'[ 39:0056 AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Consideration of report and recommendation to adopt Resolution No. 5979, setting forth service fees for the Arcadia Police Department. The Police Department charges fees based upon the cost incurred to provide each service, These fees are periodically updated to reOect increased costs and current legislation, A fee study was conducted by the Administrative Services Department that approximates the cost of providing each service. Many charges in the Police Department are regulated by either the Evidence Code or Government Code and cannot be arbitrarily increased, The Police Chief answered questions from Council. The only proposed fee increase is for releasing an impounded vehicle, from $30 to $50, to defray personnel and administrative costs, The fee study estimates the cost per impound at $63.24. There is no charge for the release of recovered stolen vehicles, Mayor Kuhn declared the public hearing to be OPEN. No one desiring to be heard, the public hearing was CLOSED on MOTION by Council member Chang, seconded by Councilmember Young, and CARRIED. It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Chang, and CARRIED on roll call vote as follows to ADOPT Resolution No, 5979, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETIING FORTH SERVICE FEES FOR THE ARCADIA POLICE DEPARTMENT," AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Consideration of report and recommendation regarding the sale of Redevelopment Agency owned property located at 233 North First Avenue to the City of Arcadia for inclusion as part of a mass transit station, Some time ago the City designated the property at the southwest comer of First Avenue and St. Joseph Street as the future site of a mass transit station, There are three parcels at the site: one owned by the City, another owned by the Redevelopment Agency, and the third owned by Catellus Development Corporation. It is proposed that the Agency sell its parcel to the City, and the City will pay for it using Proposition A (City transit) funds. Negotiations are underway to acquire the third parcel from Catellus using Proposition A funds. The Economic Development Administrator answered questions from Council. The sale of the, Agency-owned parcel is being done at this time in order to implement the Agency's and the Council's direction to assemble land for use as a future mass transit station, If Proposition A funds are used to purchase the subject property and the rail line does not proceed for any reason and it is obvious that it will not occur in the future, then the Redevelopment Agency could reacquire the land by repaying the Proposition A funds, and could develop the parcel independently. Mayor/Chairperson Kuhn declared the public hearing to be OPEN, No one desiring to be heard, the public hearing was CLOSED on MOTION by Council/Agency Member Young, seconded by Council/Agency Member Chang, and CARRIED. Council/Agency discussion followed, Council/Agency Member Young commented that since ownership of the property is reversible back and forth, she sees no reason not to proceed; however, she questioned whether the rail line would ever come through the City. The City 6 2/18/97 I I I RESOLUTION NO. 5980 AND RESOLUTION NO, ARA-179 (ADOPTED) 0<;5"0 - 2'':Ii 6, 39: 005'7 Manager stated that the question of when a transit station will be built has been moving further away, If it does not happen, there is the possibility of reversing direction and putting the property hack on the tax rolls, However, it would be worth spending the $7,500 in legal, title, and miscellaneous costs to change ownership at this time. Purchasing the subject parcel with Proposition A funds, which are restricted for transit use only, will put money back in the City's General Fund and the Agency's Operating Budget. Mayor Pro teml Agency Member Harbicht commented that he is not a supporter of rail transit and does not believe it is the answer to traffic problems in the Los Angeles area, It would take a lot of convincing before he would commit citizens' money into what he considers a boondoggle, However, he does see the advantage of putting Proposition A funds into something which may be used for transit purposes. Council/Agency Member Young concurred. Mayor/Chairperson Kuhn agreed with Mayor Pro temlMember Harbicht as to not wishing to spend a significant amount of money; however, she believes that rail travel, if designed and promoted properly, could be of significant benefit. It was MOVED by Council/Agency Member Chang, seconded by Council/Agency Member Young, and CARRIED on roll call vote as follows to ADOPT Resolution No. 5980, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING A CERTAIN SALE OF LAND BY THE ARCADIA REDEVELOPMENT AGENCY TO THE CITY OF ARCADIA," and to ADOPT Resolution No, ARA-179, entitled: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY APPROVING A CERTAIN SALE OF LAND BY THE ARCADIA REDEVELOPMENT AGENCY TO THE CITY OF ARCADIA," AYES: NOES: ABSENT: Council/Agency Members Chang, Harbicht, Kovacic, Young, and Kuhn None None AUDIENCE PARTICIPATION Harvev Lozar, Captain with the Arcadia Fire Department and representative of the Arcadia Firefighters Association, spoke in part to remind everyone of the Sixth Annual Pancake Breakfast which will be held at Fire Station No, 2 on March 8, The money raised from this event is used for civic and charitable organizations, Bob Moore, Wistaria Street, stated in part that he does not believe his application to the Planning Department for removal of an oak tree on his property was evaluated properly. Recent windstorms caused the tree to lean at an angle of 15,20 degrees towards his house, An arborist found the problem to be a permanent and worsening condition, and recommended two solutions: have the tree pruned and supported at an estimated cost of $3,000 to $5,000; or remove the tree and replace it with another, The Planning Department advised Mr, Moore his tree was considered healthy within the guidelines that govern the removal of oak trees, Mr, Moore asked that the Council request the Planning Department to review its decision, In addition, he does not feel he should have to pay a $350 filing fee for what he feels was a lack of attention paid to the arborist's report, Mr, Moore suggested.'he oak tree removal guidelines need a review, The City Manager stated he will look into the problem immediately, Mr, Moore elaborated his understanding that if the Planning Department found the tree to be hazardous, there would be no charge. Mayor Pro tern Harbicht wondered why the City requires an arborist's report if it is not the determining factor in deciding whether or not a tree may be removed, 7 2/18/97 I I I 7, KOVACIC (Summer concert prog.) (Chinese New Year Celeb.) (Constitution Team win) (Volunteer services) CHANG (Volunteer services) (Constitution Team win) (Chinese New Year party) (Relax City's parking code) 39:0058 MA TIERS FROM ELECTED OFFICIALS As liaison to the Recreation Commission, Council member Kovacic announced that the Commission is planning to expand the summer concert program, The Recreation Director will take suggestions from the public as to locations and types of concerts, Councilmember Kovacic congratulated Frank and Annie Yun and the organizers of the Chinese New Year celebration at the Community Center for an excellent event which raised funds for school and community activities, The Arcadia High School Constitution Team has won the State Championship and is preparing for the National Championship, Council member Kovacic met with a group of people who are interested in volunteering their services to the City, especially in light of current budget problems, The City Manager suggested they contact the Police, Fire, Library, and Recreation departments directly, or the City Manager's office to volunteer at City Hall. Council member Chang also has had inquiries from people who would like [0 Volunteer their services to the City, He asked that the City Manager's office direct secretaries to get infonnation from the volunteers, Council member Chang congratulated the Arcadia High School Constitution Team for winning the State Championship, and commended Councilmember Kovacic, Mr, Morris, other coaches and parents for their efforts, The Arcadia Chinese School has donated $100 and the Arcadia Chinese-American Association has donated $200 for the Team's travel expenses to the National Competition. In addition, during a Chinese New Year dinner sponsored by Arcadia High School Chinese Parent Club and middle school Chinese parents, nearly everyone attending made a donation. Council member Chang announced that the Arcadia Chinese School and Chi-Cheng College Alumni Association of Southern California recently sponsored a Chinese New Year party for senior citizens, Many other individuals and organizations co-sponsored the event, and it was a good way to bring the community together, O:mncilmember Chang was absent from the Council meeting of February 4. In reading the minutes of the meeting, he agrees with Mayor Pro tern Harbicht's comments that the City's parking code regulations should be relaxed to be more realistic, HARBICHT Mayor Pro tern Harbicht asked for a final accounting on the Downtown 2000 Revitalization (Downtown Project, including all costs from beginning to end; in addition, the cost of the lawsuit with Sully- Revitalization Miller, attorneys fees, ex-pert witness fees, etc, costs) 06&'0 . O..J ~ NJ[> (parking in the Mayor Pro tern Harbicht has been contacted by some business people on Huntington Drive who downtown area) say their businesses are dying 'because of the lack of parking in front of their shops due to the planters in the street. He suggests staff make some infonnal inquiries of shop owners on Huntington Drive to see if others perceive this as a problem, Councilmembers Kovacic, Chang and Young concurred with having an infonnal study, Mayor Kuhn stated that she has spoken to the landlord of the two tenants who contacted Council member Harbicht about the parking problem on the south side of Huntington Drive, The infonnation has been passed on to staff. The City Manager stated the downtown parking issue covers both Huntington Drive and First Avenue, and a report will be done to address both streets, including hours of parking, 8 2/18/97 I I I (POWIMIA flag) KUHN (Business questionnaire) (Cable "V. lineup card) 39:0059 The City Manager's Februal)' 13 report mentions a request from the City of Lomita requesting a resolution asking all cities and post offices to fly the POWIMIA flag, Mayor Pro tern Harbicht is not interested in such a resolution in Arcadia-not out of lack of concern over the issue, but there are many issues for which a flag could be flown. Councilmember Young recalled that at one time an MIA flag was flown for a specific person from Arcadia, Mayor Kuhn asked if the City business questionnaire will be finished soon. The City Manager stated that staff is working with the Chamber of Commerce to get it out through the Chamber bulletin as soon as possible, Mayor Kuhn commented that it is a vel)' good survey, Mayor Kuhn announced that TCI cable television subscribers may =ive a new channel lineup card by calling the TCI office. (Wilderness At last week's City Council meeting, the presentation on Wilderness Preserve experienced some Preserve video) audio problems. The video will be replayed on Channel 20 at various times, ALFORD (Sch, Dist. ' no election) CHANG (Downtown parking) 8. 8a. EXTENDED STAY AMER. HOTEL DEVELOP. MENT, NWC SANTA CLARA & FIFTII AVE. (APPROVED) 068"0 - p~= The City Clerk announced that the Arcadia Unified School District will not be holding a School Board election in April. The two incumbents are the only ones who filed for the two seats on the Board. With reference to the downtown parking situation, Council member Chang recalls that initially no parking spaces were planned along Huntington Drive. The merchants expressed a need for such parking, and the plans were redrawn to allow parking on the south side of Huntington Drive, If this is insufficient to solve the parking problems, an answer should be found. CITY COUNCIL RECESSED IN ORDER TO ACT AS TIm ARCADIA REDEVELOPMENT AGENCY Consideration of report and recommendation to (I) approve a negative declaration for the proposed Extended Stay America Hotel development on the 2,6-acre property located at the northwest corner of Santa Clara and Fifth Avenue; (2) approve revised site and architectural plans; and (3) approve an amended and restated Disposition and Development Agreement (DDA) among the Arcadia Redevelopment Agency, Enikay Development Company, Inc" and ESA Management, Inc, On August 6, 1996, the Redevelopment Agency considered a proposal from Extended Stay America Management, Inc. (ESA) for an economy 3-stol)', 122-room hotel on the Emkay property, The Agency indicated that while the budget hotel use appeared acceptable, more work was required on the architectural design of the building and related site improvements; e,g., landscaping and hardscape. Revised plans which appear to meet the Agency's concerns have been submitted, The Agency is being requested to approve a Negative Declaration and an amended and restated DDA. This would approve a partial assignment of Emkay's development obligations to ESA and pennit the construction of not less than a 104-room Extended Stay America hotel by December 1998 and construction of commercial development on the I-acre remnant parcel by July 2000. There are two issues relative to this project: (I) an amendment to the current Emkay DDA requirement to design and construct a 48,600-square-foot professional office building, and replacing it with a 3-stol)', 104,room budget Extended Stay America Hotel; and (2) approval of ESA's architectural design and landscaping, Mr. Rick Smith of Emkay Development Company, and Mr, Mark Neumann of Extended Stay America, Inc" gave brief infonnative presentations and answered questions from the Agency, 9 2/18/97 I I I ADJOURN- MENT 9. 9a, MINUTE APPROVAL ^ (lan, 29 and Feb. 4, 1997) 10, lOa, FILL SEC'TY, POSITION IN CITYMGR.'S OFFICE (APPROVED) (),).~O -10 39:0060 It was MOVED by Agency Member Young, seconded by Agency Member Harbicht, and CARRIED on roll call vote as follows to APPROVE the Initial Study and Negative Declaration, and AUTI-lORJZE staff to file a Notice of Determination with the County Clerk; APPROVE the Extended Stay America Hotel architecture and hardscape site plans and design; and APPROVE the proposed amended and restated Disposition and Development Agreement among the Arcadia Redevelopment Agency, Emkay Development Company, Inc" and ESA Management, Inc" subject to minor revisions approved by the Agency Attorney as to form, and AUTI-lORJZE the Executive Director to execute all documents related thereto on behalf of the Agency, AYES: NOES: ABSENT: Agency Members Chang, Harbicht, Kovacic, Young, and Kuhn None None The meeting of the Redevelopment Agency ADJOURNED to March 4, 1997, at 7:00 p,m. CITY COUNCIL RECONVENED CONSENT ITEMS It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Young and CARRIED on roll call vote as follows to APPROVE the minutes of the January 29, 1997, Special and Joint Arcadia/Sierra Madre City Council meetings, and February 4, 1997, Adjourned and Regular meetings. AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Council member Chang, from minutes of the February 4 meeting (he was not present at the meeting) CITY MANAGER Consideration of recommendation to authorize staff to fill the position of Secretary in the City Manager's office, As part of the 1996-97 budget deliberations, it was requested that a report be brought before Council prior to filling any vacant positions. The position of Secretary in the City Manager's office is currently vacant due to the previous employee's retirement. Discussion followed, and the City Manager answered questions from Council. The temporary employee currently filling the position has expressed a desire to remain if the job becomes permanent. It was MOVED by Councilmember Chang, seconded by Council member Young and CARRIED on roll call vote as follows to AUTI-lORIZE staff to fill the position of Secretary in the City Manager's office, AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None 10 2/18/97 I I I lOb. OPPOSING CALIFORNIA CASINO GAMBLING, REGULATION & TAXATION AMENDMENT 0110- 9~ RESOLUTION NO. 5983 (ADOPTED) OttO . 9~~ 39:0061 Consideration of report and recommendation to adopt Resolution No, 5983 opposing the California Casino Gambli Ilg, Regulation and Taxation Amendment. Proponents of the Amendment have met State requirements to obtain signatures to qualif'y it as a ballot initiative for the June 1998 general election. This measure would amend the State Constitution to repeal the existing ban on gambling casinos, It would legalize casino gambling, including slot machines, at five horse racing tracks in the State, including Santa Anita Park. The City of Arcadia would lose any right of land use control, and any right to receive any revenue derived from the operations, which would go to the State and CountY, There would be siguificant impacts on law enforcement and traffic. Details are presented in staff's report dated February 18, 1997. To date, the cities of Cypress and San Mateo have adopted resolutions opposing the initiative. Other cities are still reviewing the matter, Mr, Cliff Goodrich of Santa Anita Race Track has advised the City Manager that Santa Anita is not endorsing nor agreeing with the initiative, is not a party to it, and knows nothing about it. The Attorney General is investigating to find out who submitted the initiative; there is a question as to whether it is legally valid. Councilmember Kovacic commented that he would like the resolution to have even stronger wording in the last three paragraphs beginning "Whereas," Impacts which "could" happen probably will. The City Manager suggested the alternative of .....would most likely negatively impact...... Council member Kovacic and Mayor Kuhn agreed to such wording. It was MOVED by Councilmember Kovacic, seconded by Council member Young, and CARRIED on roll call vote as follows to ADOPT, as amended, Resolution No. 5983, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OPPOSING THE CALIFORNIA CASINO GAMBLING, REGULATION AND TAXATION AMENDMENT." AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None lOe, APPROPRIA- Consideration of report and recommendation to appropriate $27,500 from the General Fund for TION FOR unbilled energy costs associated with lighting at the Arcadia High School baseball field and UNBILLED tennis courts. In 1994 the City Council approved an agreement with the School District to ENERGY COSTS reconstruct the high school baseball field and lighting using Proposition A grant funds. As part (High School of the agreement, the City agreed to pay for the energy costs associated with the lighting of the baseball field baseball field and tennis courts, Under a previous agreement, the City was already paying for and tennis lighting of the tennis courts, courts) (CONTINUED TO FUTURE AGENDA) o 3~{)_ S:-o Recently, staff received a bill from Southern California Edison for unbilled use for the past two years, Evidently, during the construction project the electric meter was moved. Once moved, Edison did not read their meter for two years, Since there were no previous bills to the City for the energy charge there was no history to cross-check to insure that the City was billed properly, This became an administrative oversight. The City must now pay for unbilled electricity use from September 1994 through August 1996. An appropriation of $4,000 (included in the $27,500) is also needed to cover electricity costs for the ball field and tennis court lighting for the remainder of this fiscal year (March to June 1997), The City is not paying interest on this bill and has negotiated a monthly payment schedule with Edison to help resolve this matter, Council discussed the matter and concurred that staff should again contact Edison Company regarding this matter, The City's budget was set on historical energy usage which it believed to be accurate. The City was mislead by Edison's negligence in not reading the meter, Perhaps the 11 2/18/97 I 11, l1a.' ORDINANCE NO. 2(167 (IN1RODUCED) (jS-8o .!:'(O I 12a, CLOSED SESSION Off c- 10 ADlOURN- MENT (March 4. 1997 7:00 p,m.) I , 39:0062 paymenls could be spread _ \be fuIwe. CouDclI COIICUITed \bey would prefer to see a compromise made by Edison Cor a rcduWon in \be biD, It was MOVED by Mayor Pro tem HaJbidIt, llCCOIIdcd by CouDciImember Young and CARRIED on roll calI wte as CoIIows to CONTINUE \be _10 a fiItuR agenda. AYES: NOES: ABSENT: CounciII1lClllbct$ Chang, HaIbicht, KDYacic. Young, and Kuhn Ncmc NODe CITY ATIORNEY The City Attorney prescnlcd Cor intnxIuttioa and read \be ti1lc: of OrdiIl8llCC No. 2067: . AN ORDINANCE OF 11IE CITY cotlNClL Of 11IE CITY Of ARCADIA, CALIfORNIA, AMENDING SECTIONS 9240, 9401, 9402.3, 9405 AND ADDING A NEW SECTION 9407.3 PROHIBITING 11IE PLACEMENT OF SIGNS, BANNERS AND POSTERS ON PRIVA'rn PROPERTY TIlAT ARE NOT PERMITTED USES AND DECLARING A PUBLIC NUISANCE SUBmcr TO ABATEMENT, CIVIL PENALTIES AND COST ASSESSMENT,. [t was MOVED by Councilmember Young, IClClOIlded by Mayor Pro tern HariJicht and CARRIED on roll call vote as CoIlows that Ordinance No. 2(167 be and it is hereby IN1RODUCED, AYES: NOES: ABSENT: CounciImembcrs Cban& Halbicht, Kovacic, Young, and Kuhn None None The City Attorney lIIUIOUIIced a Closed Session .pursuant to Government Code Section '49'7,6 to confer willi City labor negotiators Dan Cassidy and/or GaJy Rogers n:garding negotiations willi all RpR:Selltcd and unn:pR:Selltcd employees. At 10:15 p.m. \be Council entered \be a.oSED SESSION, RECONVENED and ADJOURNED at 11:40 p.m, to 7:00 p.m., Tuesday, MaJCb 4, 1997, in \be City Council CI1aMlers for 8 ReguIar Meeting 10 conduct \be business of the Council and the Redevelopment Agency, and any Closed Session IlCCCIS8J)' to discuss pcrsonnc1, litigation matters or evaluation of properties. ATTEST: J 12 2/18/97