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