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HomeMy WebLinkAboutJUNE 3,1997 I I I 39:&l:~6.:... 01/0 - ''-\.;1 Op0.1Q7 c.c.. u CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL I. 2. FIRE SUPPRESSION D1ST. 1030 - 1c:J. {I/!,p MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JUNE 3,1997 The City Council and the Arcadia Redevelopment Agency met in a Regular Mceting at 6:00 p.m. on Tuesday, June 3. 1997, in the Council Chambers Conference Room. PRESENT: Councilmembers Chang, Kovacic. Young and Harbicht ABSENT: Council member Kuhn It was MOVED by Councilmember Young, seconded by Councilmember Chang and CARRIED to EXCUSE the absence of Council member Kuhn. AUDIENCE PARTICIPATION None At an earlier budget study session Council considered various alternative plans to reduce the $1.5 million deficit in the FY 1997-98 budget in order to balance the budget. Subsequently, Council decided to go to a mail-in-baIlot vote for the formation of a Citywide Fire Suppression district by a parcel tax assessment on property. Pursuant to direction of the City Council staff is proceeding with plans for such a mail-in-baIlot vote to implement the assessment district for fire services. An agreement with Willdan Associates to furnish professional services. in particular, an engineer's report on the assessment of parcels within the proposed Fire Suppression District, was executed. The law firm of Brown, Diven and Hentschke was retained to provide legal analysis of the formation of such a district. Staff requested Council direction in several categories this date in order to move forward with the project. Warren Diven, attorney with Brown, Diven and Hentschke, explained the basic methodology in the draft engineer's report prepared by Willdan Associates, which established the boundaries of the area which will benefit from fire suppression services provided, and assessed to finance such services; a cost estimate of the amount of money to be raised through levy of the assessment; and, the report containing the methodology for spreading the assessments throughout the Fire Suppression District. In spreading the assessmen~ the engineers assessment report states how each type of parcel benefits from the services provided and the basis for the levy of the assessment. Mr. Diven explained the two public protest procedures to the levy of assessments. A property owner may protest such a levy by casting a "no" ballot as setforth under Proposition 218, or under previous assessment laws property owners can submit another written protest where they can specifically state that the mail-in-baIlot is not a written protest. If such property owners represent 10"/0 of the assessment then this could force the assessment on to a regular ballot election. Mr. Diven also commented on another option: 1 6/3/97 3. 3a. 0 IfF) - YO "'Sf'> 3b. 0/10- '10 f'/SP INVOCATION PLEDGE OF ALLEGIANCE 39: 0127,; Senate Bill 919. which legislation will in fact clarify the issue of the two protest I procedures. To date, SB919 has not as yet passed. Mr. Richard Leigh, Willdan Associates. assessment engineers, explained in detail the methodology to calculate the parcel assessments based on three risk categories; property type, the size of the structure and land use. Commercial properties and apartment buildings have a greater rate of fire calls. he noted. Mr. Leigh reported that a single family home would pay $ 122 per year. The minimum rate for a small retail complex would by approximately $238, and the large shopping mall would range up to a maximum of $ 1.270. Taking into account all the parcels and structures at Santa Anita Race Track, its assessment would Be $4.308. The question of assessing City properties O\\l1ed by the Arcadia Unified School District, Los Angeles County and the federal government. arose. These properties receive the benefit of fire suppression services, which is currenUy paid for out of the City's General Fund. Council concurred the City would exempt these public agencies and agreed also to notifY the School District of this decision and state that Council feels that School district funds should be spent to educate children. Staff presented Council with a rough draft of the mail-in-ballot information which will attach to a one page ballot. The ballot language will be finalized and placed. along with the information sheet, on the June 10 City Council agenda for review and approval. Council suggested several changes to the ballot information sheet. It was noted also that Council wanted to make it very clear that the assessment for fire services would free up funds in the General fund for other City services, which Mr. Diven pointed out was a valid exercise of legislative discretion... as maintained by a past Supreme Court case, and is perfectly appropriate. I In discussion of the total assessment, Mr. Diven noted, for technical purposes of the Engineer's Report, the report will show a $2.3 million assessment budget for fire suppression services; show the allocation of special benefits for public properties and indicate that these will be funded through the City General Fund as they have been in the past. CLOSED SESSIONS The City Attorney announce that, "Pursuant to Government Code Section 54957.6 to confer with City Labor Negotiators, Dan Cassidy and/or Gary Rogers, regarding negotiations with all represented and unrepresented employees." And, "Pursuant to Government Code Section 54956.8 to confer with Agency negotiators William R. Kelly and Peter Kinnahan pertaining to the purchase price, tenns and conditions for the potential City acquisition of the property located at the southwest corner of First Avenue and SI. Joseph Street o\med by Catellus Development Corporation (representatives Brandon Mark. Catellus; and Kevin McKenna, CB Commercial) for possible development of a Mass Transit Station." At 6:27 p.m. the City CouncillRedevelopment Agency RECESSED to the Closed Sessions, and RECONVENED the Regular Meeting at 7:00 p.m. in the Council Chambers. . Rev. Petzholt, Mandarin Baptist Church I Jerry Collins, Director of Recreation 2 6/3/97 I I I ROLL CALL 4. AMERICAN YOUTH SOCCER ORGANIZA nON (Arcadia A YSO teams) ^,.s. (> 5. 6. YOUNG ORD. & RES. READ BY TITLE ONLY 7. PUBLIC lIRG. NUISANCE ABATEMENT (352 Haven Ave.) (CONTINUED TO 7- 1-97) O'~'(l ,~() 8. 39:0128 . PRESENT: Councilmembers Chang. Kovacic. Young and Harbichl ABSENT: Councilmember Kuhn It was MOVED by Couneilmember Young. seconded by Mayor Pro tern Kovacic and CARRIED 10 EXCUSE the absence of Council member Kuhn. PRESENTATIONS Mayor Harbicht introduced Alan Gillespie, A YSO Regional Commissioner, the Arcadia A YSO coaches and assistant coaches, and presented a Mayor's Certificate of Commendation to each member of the following teams: Girls division V All-Star team "Attitude"; Girls Division IV All-Star team "Avalanche"; Girls Division IV team "Flash"; Girls Division V team "K.A.O.S."; Boys Division V team "Red Stonn"; and, Girls Division IV team "Wild Things". SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None QUESTIONS FROM CITY COUNCiL REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS In response to Councilmember Young. staff advised that the position of Locker Attendant (Agenda Item lid.) is with the Recreations Department at the swimming pool. It was MOVED by Councilmember Chang. seconded by Mayor Pro tern Kovacic and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. A public hearing was scheduled by City staff this date, June 3, 1997, to declare the property located at 352 East Haven Avenue a public nuisance and to seek abatement of the property. Staff requested that this item be continued for at least thirty (30) days. Mayor Harbicht opened the public hearing. No one came forward to address this matter. It. was MOVED by Mayor Pro tern Kovacic, seconded by Councilmember Young and CARRIED on roll call vote as follows that the public hearing scheduled for this date, June 3, 1997, to declare the property located at 352 East Haven Avenue a public nuisance. and to seek abatement of said property be CONTINUED to July I, 1997, for reasons stated in the May 28, 1997 staff report. AYES: Councilmembers Chang. Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn AUDIENCE PARTICIPATION Jerrv Moscarel 11137 Daineswood Drive, representative of the Arcadia Chamber of Commerce and Chairperson of the Multi-Cultural Committee, stated in part, thaI the committee is presenting a "Business Owner and Manager Crime Prevention" program on Tuesday, June 5, 1997, al the Arcadia Public Library in the auditorium. Mr. Moscarel outlined the program and invited the City Council to attend. Mayor Harbichl stated his 3 6/3/97 9. CHANG (Soccer Teal\15) (Youth Master Plan & Curfew) KOVACIC (Memorial Day Svcs.) (Korean Cultural Night) (Chinese Assoc. Dinner Dance) HARBICHT (Concert) (Laundry - front yard) (Health Ins. signs) 3C>'1l129. hope that business owners would allend this worthwhile program and expressed his appreciation to the Chamber of Commerce for oITering this opportunity to the business community. I Ann Banerii. 2601 Greenfield Avenue. Arcadia High School student representing several students in the audience. spoke in detail of the students objection to the existing 10:00 p.m. curfew imposed upon Arcadia minors by Ordinance No. 626. This ordinance disallows persons under the age of eighteen (18) years to loiter about any public street, avenue, alley. park or public place between the hour 10:00 p.m. and sunrise of the following day, unless accompanied by his or her parent or legal guardian... or spouse over twenty-<>ne (21) years of age. Ms. Banerji proposed several provisions to the current curfew ordinance to protect those out past curfew for a reasonable, lawful. andlor productive cause. Also presented were recent Arcadia Police Department statistics relating to curfew violators and subsequent penalties. The students used a section of the Municipal Code of Temple City, "Curfew Established For Minors", as a guide to construct revisions to the Arcadia Municipal Code. By general consent Council requested a report from the Police Department regarding juvenile arrests due to curfew violations as reported by Ms. Banerji. MA TIERS FROM ELECTED OFFICIALS Councilmember Chang expressed his pride in the accomplishments of the Arcadia A YSO soccer tearns and the outstanding work of their coaches. Councilmember Chang acknowledged several letters received in support of the Youth Master Plan. Also, he was impressed with the presentation of Ms. Banerji this evening regarding juvenile curfew regulations. I Mayor Pro tern Kovacic reported that he represented the City at the Memorial Day service at Live oak Memorial Park, which was presented by the Allied Veterans Council of San Gabriel Valley, the keynote speaker was Congressman David Dreier. the service was well attended, very inspirational and patriotic. The Mayor Pro tern recently attended the Arcadia Korean Parents Association, Korea Culture Night The Association awarded scholarships to five graduating seniors. He congratulated the Korean Parents Board for producing such a nice event. Also, congratulations to the Arcadia Chinese Association for their annual dinner dance on May 31,1997. At the invitation of Councilmember Chang, Mayor and Mrs. Harbicht attended a concert on June 1st which was held at the Pasadena Community College. It was an outstanding program, the proceeds of which will benefit the Arcadia Public Library Foundation and the Arcadia Methodist Hospital. The Mayor e,:pressed his appreciation to Councilmember Chang for his role in this event. Mayor Harbicht reported a communication recently received from an Arcadia resident complaining that a neighbor was hanging laundry in her front yard. there is no City ordinance prohibiting such activity. Council concurred that staff prepare a brief report on; I) should the City have such an ordinance; and, 2) if so, how should his prohibition be implemented? Mayor Harbicht noted that large signs advertising health insurance are posted allover town. Council previously adopted an ordinance to streamline the City's sigu ordinance to provide for abatement of such signs which are illegally posted. The Mayor requested that I 4 6/3/97 I I I (Downlown prop. owners) Oft,<(V. :.2\< N.r.,,~ 10. lOa. MINUTES (May 20. 1997) 39:0130' . staff vigorously pursue Ihe abatemenl of Ihis nuisance and make Ihis company aware lhal Arcadia will noltolerale these signs in this communily. In reference to allowable businesses in the DowntO\\ll Area, Mayor Harbichl nOled he has been approached by property owners who have significant vacancies and have been unable to find tenants because of the Cily's requirement that retail establishments locate in storefronts. and offices be allowed only on second floors or in the rear of these buildings. The Mayor requested that these reslrictions be revisiled by the Council as to whether or not these restrictions should be relaxed. Council concurred. Councilmember Young suggested that the DownlOwn Business Association could be consulted also in regard to this mailer. THE CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY CONSENT ITEMS APPROVED the minutes of the May 20, 1997 Regular Meeting. lOb. APPROVED a 2.5% commISSIon ($55.675) to Hayes and Company, and a 2.5% REAL ESTATE commission ($55,675) to Hospitalily Consultants upon close of escrow should negotiations COMMISSION lead to a sale of the Northwesl Comer Site 10 Bridge Partners for a Hillon Gardens HOlel. (NW Comer - Bridge Partners are currently offering Ihe Arcadia Redevelopment Agency $2,227,000 2nd & Htg.) ($12.80/sq.ft.) for the NW Comer Sile (Second Avenue and Huntington Drive). 06 ij tJ . (', <I'l/f6 ARA CONSENT ITEMS lOa. AND lOb. WERE APPROVED ON MOTION BY AGENCY MEMBER YOUNG, SECONDED BY AGENCY MEMBER KOVACIC AND CARRIED ON ROLL CALL VOTE AS FOLLOWS ADJOURNMENT II. lIa. MINUTES (May8& May 20,1997 lib. RESOLUTION NO. 5993 (Locker Attendant salary) IN,30- 50 AYES: Agency Members Chang, Kovacic, Young and Harbichl NOES: None ABSENT: Agency Member Kuhn ABSTAIN: Agency Member Young (May 20, 1997 Minules) The meeting of the Redevelopment Agency ADJOURNED to 6:00 p.m., June 10, 1997. THE CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED the minutes of the May 8, 1997 Joint City Council/school District Governing Board Meeting, and the May 20, 1997 Regular Meeting. APPROVED RESOLUTION NO. 5993 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5572, REVISING A SALARY SCHEDULE FOR THE CLASSIFICATION OF LOCKER ATTENDANT." This resolution increases the salary of the Locker Attendant at the swimming pool to $5.00 per hour. CONSENT ITEMS lla. AND lib. WERE APPROVED ON MOTION BY MAYOR PRO TEM KOVACIC, SECONDED BY MAYOR HAREICHf AND CARRIED ON ROLL 5 6/3/97 12. 12a. RESOLUTION NO. 5995 (Centennial Cele. Comsn.) (ADOPTED) ('Iel..'l -II 12b. MGE. ANALYST POSITION - MSD (CONTINUED TO 7-1-97) O.{l.J;.O-rp? 39:013) . CALL VOTE AS FOLLOWS. AYES: Councilmcmbers Chang. Kovacic. Young and Harbicht NOES: None ABSENT: Councilmcmber Kuhn ABSTAIN: Council member Chang (May 8, 1997 minutes) and Council member Young (May 8 and May 20. 1997 minutes) I CITY MANAGER It was MOVED by Councilmcmber Young, seconded by Mayor Pro tern Kovacic to ADOPT Resolution No. 5995; AUTI/ORIZE stalf to proceed with the development of a volunteer application. and the publication of efforts to encourage citizen participation, with an application deadline of September 30. 1997. AYES: Councilmembers Chang, Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn Consideration of the report and recommendation to recruit and hire one (I) Management Analyst in the Maintenance SelVices Department (MSD). the position of Administrative Aide in this department will become vacant on June 5, 1997. After evaluating the job functions and general responsibilities of this position, stalf recommends that the current position be reclassified to Management Analyst, and be recruited and filled as soon as possible. The current Administrative Aide position is included in the FY 1997-98 budget and is funded through the Solid Waste Fund. the reclassified position, Management Analyst, would be paid with budgeted funds, at a salary savings of $5,600 from the position being open until September, and through reductions in the Department's intern program of $7,000. I Considerable discussion ensued centered on the upgrade of the Administrative Aide position to Management Analyst thereby skipping the interim step of Administrative Assistant, at a salary increase of $10,000 a year. Mayor Pro tern Kovacic noted he did not want to spend the additional moneys unless he was sure there was a substantial difference in years of e>:perience and qualifications for an upgrade to Management Analyst. Councilmember Young felt the new position would be well worth it because of the responsibilities of the co-mingling/recycling trash program and some of the other refuse programs. The City Manager advised that, in restructuring the classifications, the middle step, Administrative Assistant, was removed. The steps are Administrative Aide to Management Analyst. A Management Analyst performs more detailed, complicated work. Mayor Harbicht e>:pressed concern of the salary levels... the difference between the highest step for an Administrative Aide and entry level for a Management Analyst is a jump of $10,000. The Mayor questioned why the Administrative Assistant level was removed. Council concurred that staff prepare a report inclusive of a discussion of possibly incorporating the Administrative Assistant interim classification into this position in the Maintenance Services Department. Consideration of this item was CONTINUED to the June 17, 1997 Council meeting. I 6 6/3/97 I I I 12c. FIRE SUPPRESSION DlST. (TRANSCRIPT PREPARED) 1030-(:;1.. 12d. YOlJffi MASTER PLAN t)1e'lO .cIS. .39;0132 o. Consideration of the staff repon and request for direction regarding the proposed Fire Suppression district. The City Manager presented the process 10 initiale proceedings for the formation of a District and introduced Mr. Warren Diven. Attorney-at-Law, to give a brief overview of the project. Mr. Diven of the law firm on Brown, Diven and HenlSChke, stated in pan, that the City Council is considering formation of a Fire Suppression district that would allow the Council to levy special assessments to finance a portion of the cost of providing fire suppression services throughout the City. Mr. Diven explained the difference between a tax and an assessment. A tax may be levied against people or propeny who mayor may not benefit from the services that are financed, while an assessment is also a monetary imposition on people or propeny and is directly related to the service received. The Engineer's Repon for the proposed assessment, which was prepared by Willdan Associates, is the cornerstone document for the proposed Fire Suppression District. within this repon is the description of the fire services proposed to be financed, the boundary map, cost estimate of that portion of the Fire Suppression budget to be financed through the levy of the assessments; and, the rate and method of apportioning those costs among all the properties within the City who will receive special benefits from the levy of the assessments. The Repon demonstrates that the City has in fact complied with the requirements of the Government Code and the provisions of Proposition 218. Richard Leigh, Willdan Associates, the authors of the Engineer's Repon, briefly went through the findings of the Repon, the assessment rates and method of determining the parcel assessments to achieve total benefit units. Following discussion of assessments on other government agency properties within the City, it was MOVED by Councilmember Young, seconded by Mayor Pro tern Kovacic and CARRIED on roll call vote as follows to EXEMPT governmental agencies from assessments within the proposed. Fire Suppression District; CONTINUE to fund fire services to such agencies through the City's General fund; and, prepare a letter over the Mayor's signature to the Arcadia Unified School District stating the City will pay the School District's share of the assessment so that School District funds may be used to educate children; and send letters to the other government agencies stating they will be EXEMPT from the assessment within the Fire Suppression District. AYES: Councilmembers Chang, Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn At the City CounciV Arcadia School District Governing Board meeting of May 8, 1997, a presentation was made by the Youth Master Plan Committee concerning the implementation of the Arcadia Youth Master Plan. A two page matrix of funded and unfunded activities was submitted to the City Council and the School Board for review and comment. The referenced matrix listed seven (7) unfunded Action! Activities and seven (7) Action! Activities which require funding. Considerable discussion ensued centered on the Committee's recommendations for funded and unfunded activities. Councilmember Chang recommended several imponant tasks to be taken when the Youth Master Plan is implemented: 1) An opponunily of "conversion" should be offered to those borderline students andlor gang members by education. 2) He would hope that the Youth Master Plan could enhance the interoQJ}turaJ exchange 7 6/3/97 39: 0133 and understanding through different mechanisms. such as participation in different kinds of activities, so that students from different cultures can better understand each other. He believes different cultures arc an asset to the school S)'stem and we should utilize it properly and to its maximum and not let it become a liability. 3) Aller the Master Plan is implemented iI should be analyzed periodically for effectiveness. 4) He' understands the cost of the Plan after it is fully implemented will be around $372,000 per year... the City and the School District should share the cost of the program because he believes this Plan is a good investment in our youth, our second generation, and our future. There was much discussion of No. 3 on the list of unfunded acuVlues: "Increase communication among leaders of various youth programs and agencies by creation of a Youth Master Plan Standing Committee and an Arcadia Youth Coordinating Council as presented in the Youth Master Plan." The question arose of Council's involvement in "creation" of such a Standing Committee. Mayor Harbicht felt that Council could "endorse" a committee and assign certain City personnel to serve on the committee as well as a councilmember and work cooperatively with the other entities that are part of that committee. Couneilmember Young agreed and added that the Committee should have a strong Chairman. II was noted that Ms. Keavney, Ed. D., Director. Community Services/Staff Development, AUSD, listed the Director of the Arcadia Recreation Department or his designee as Chairman of the Standing Committee. II was the consensus of the City Council that this should be the decision of the Committee and not the Council, nor should the Council set rules and procedures or decide how often the committee should meet... those are decisions of others. Mayor Harbicht felt the Committee should be independent of both the Council and the School District. Councilmember Young agreed. It was MOVED by Councilmember Young, seconded by Mayor Pro tern Kovacic and CARRIED to AlITHORIZE the City Director of Recreation, the City Manager, Chief of Police, City Librarian and a City 'Couneilmember to serve on the Youth Master Plan Standing Committee. It was MOVED by Mayor Pro tern Kovacic. seconded by Councilmember Young and CARRIED to IMPLEMENT Unfunded Activities. No. I) Make the youth of Arcadia and their needs a high priority in all facets of City Life; 2) Create a permanent partnership between the City and the School District; 4) Increase avenues of communication between youth activities programs/agencies and student/families via television, web sites and other means; 5) Provide classcslactivities proposed in the Youth Master Plan programs; 6) Train and supervise personnel working in youth programs to properly implement and maintain the many activities and classes in the Youth Master Plan; and, 7) Add Youth Master Plan Impact Section to all City /District agenda reports related to youth activities. It was MOVED by Mayor Pro tern Kovacic, seconded by Councilrnember Chang and CARRIED that Funded Activity No. 5 E"'p3nd Dial-a-Ride program, revise Dial-a-Ride pamphlet to include services for youth and expand distribution of pamphlet, be REFERRED to the City Development Services Department for review and report back to the City Council. I I It was MOVED by Mayor Pro tern Kovacic, seconded by Couneilmember Chang and CARRIED that Funded Activities No. I) E"'p3I1d and create recreation/activity progran]S at all elementary, middle school, and high school for students living or attending schools I in Arcadia; 4) Arcadia Education foundation to offer educational, "for fee", classes after- school; and, 7) Establish a Scholarship Fund for students whose families cannot afford to 8 6/3/97 I I I 12e. MONROVIA PK. MAINT. DIST. BALLOT (AUTIIORIZE CITY MGR) rosa.1 '(;I.. 12f. WATER RATE INCREASE (APPROVED) (}3;;.-0.1$0 13. Vf'll. '10 11/1;, r 13a. ORD. NO. 2073 (INTRODUCED) Idr.lO. ().,,~ 39:0134 pay fees for their participation in the Youth Master Plan programs, be referred to the Recreation Commission for analysis, recommendation and report back to the City Council; and. No.2) Extend school and City library hours (per recommendations in Youth Master Plan Proposal) be REFERRED to the City Library Board for analysis, recommendation and report back to the City Council. In accordance with Proposition 218, the City of Monrovia has submilled two property owner ballots to the City of Arcadia relative to Monrovia' s Park Maintenance Assessment District. The total cost to the Cit)' is $14.74 per year. It was MOVED by Council member Young, seconded by Mayor Pro tern Kovacic and CARRIED on roll call vote as follows to AUTIIORlZE City Manager, William R Kelly, to cast the City of Arcadia's two ballots IN FAVOR of the proposed City of Monrovia Park Maintenance Assessment district. AYES: Council members Chang, Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn Based upon the Maintenance Services DepartmenllWater Division's proposed FY 1997-98 budget and the Water Master Plan, it is recommended that the City Council increase the water rate by 10"/0 from $.97 to $1.07 per 100 cubic feel The bimonthly service charge would also increase by 15% . It was MOVED by Councilmember Chang, seconded by Councilmember Young and CARRIED on roll call vote to DIRECT staff to prepare a resolution authorizing the proposed rate increase for fiscal Year 1997-98 for presentation at the June 17, 1997 City Council meeting. AYES: Councilmembers Chang. Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn CITY ATIORNEY The City Allomey announced that earlier this evening the City Council/Redevelopment Agency held a Closed Session, "pursuant to Government Code Section 54956.8 to confer with Agency negotiators, William Kelly and Peter Kinnahan, pertaining to the purchase, price, terms and conditions for the potential City acqnisition of the property located at the Southwest Comer of First Avenue and SI. Joseph Street owned by Catellus Development Corporation (representatives Brandon Mark of Catellus, and Kevin McKenna of CB Commercial). The City Allomey presented for IN1RODUCTION and read the title of ORDINANCE NO. 2073: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SEctrONS OF ARTICLE I, CHAPTERS 4A AND 4B OF THE ARCADIA MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS AND ADMINISTRATIVE REMEDIES"{ It was MOVED by Councilmember Chang. Seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance be and it is hereby IN1RODUCED. 9 6/3/97 BB. RESOLUTION NO. 5996 (ADOPTED) IOlo(~.O('"' HARBIClIT (In memory of Judy Waite) YOUNG (In memory of Dr. Richard Kredel) ADJOURNMENT 39 :6135 ""'r -'....-.: AYES: Council members Chang, Kovacic. Young and Harbicht NOES: None ABSENT: Council member Kuhn I The City Attorney presented for ADOPTION and read the title of RESOLUTION NO. 5996: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SElTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE ARCADIA MUNICIPAL CODE." It was MOVED by Councilmcmber Young. seconded by Mayor Pro tern Kovacic and CARRIED on roll call vote that Resolution No. 5996 be and it is hereby ADOPTED. AYES: Councilmembers Chang, Kovacic, Young and Harbicht NOES: None ABSENT: Councilmember Kuhn "I would like to adjourn the meeting this evening in memory of Judy Waite who died last week from complications due to breast cancer. at the age of fifty-one. Judy and her husband Frank Waite celebrated their Thirty-second anniversary the day before she passed away and have been Thirty-one year residents of Arcadia. They were close friends of mine. She leaves a son, Randy. his wife Lisa who is expecting what will be the second grandchild, daughter, Debbie, and her grandson. Chris. I would like to adjourn this meeting in memory of Judy Waite". I would like to adjourn the meeting in memory of Dr. Richard Kredel. He and his family were residents of Arcadia back in the '50' s, and at that time the flood control channels were being built through the town and four children were playing in a pile of dirt off of Rodeo Road, the dirt slid and the children were buried except for one boy who was able to get oul. He uncovered the faces of two girls and Kathy Kredel was killed by a big lump of clay. The nursery school for employees at the Methodist Hospital is named The Kathy Kredel Nursery School. Dr. Kredel was an anesthesiologist and practiced in the area and was a resident of Arcadia at that time. He passed away in Corona Del Mar at the end of last week." I .J~nl!:- ,!,t<- At 9:08 p.m. the Regular Meeting ADJOURNED to Tuesday, JHIr 10, 1997 at6:()() p.m. in the Council Chambers Conference Room for an Adjourned Regular Meeting to conduct the business of the City Council and the Redevelopment Agency, and any Closed Session necessary to discuss personnel, litigation matters Or evaluation of properties. ~~~ Robert C. Harbicht, Mayor of the City of Arcadia A TrEST: ~~~~ e D. Alford, C' lerk . I 10 6/3/97 ., .,- I T RAN S C RIP T (Insofar as decipherable) RELATING TO REGULAR CITY COUNCIL MEETING ~- I PROPOSED FIRE SUPPRESSION DISTRICT JUNE 3, 1997 .1 CITY COUNCIL MEETING - JUNE 3, 1997 ITEM NO. 12c - REPORT AND DIRECTION REGARDING THE PROPOSED FIRE SUPPRESSION D1STRlCf I CITY MANAGER KELLY WARRENDIVEN (Brown, Diven & Hentschke) {1;lt. Mayor and City Council. During the budget discussions, which took place for the last several months, we evaluated many alternatives to close the budget gap of almost two million dollars ($2 million). Initially, you looked at the potential for asking the voters to increase the utility tax; you then reevaluated all of your alternatives and looked at the potential of fonning Assessments Districts. After further review, the Council voted to review for public purposes a Fire Suppression District The Council put before you this evening the draft Engineer's Report, which outlines the beginning of the process for the fonnation of such a district You several weeks ago authorized staff to retain the legal finn of Brown. Diven and Hentschke to provide legal analysis, and Willdan Associates to provide the engineering report on the project I'd like to have Mr. Warren Diven. Attorney-At-Law, give the Council and public a brief overview on the District, what it means; and then Mr. Richard Leigh from WilIdan Associates will give an overview of the District and methodology for the calculation of the proposed assessments. I Mr. Diven. Mr. Mayor, members of the City Council, Warren Diven from the law finn of Brown. Diven and Hentschke. You are considering this evening, initiating proceedings to consider the information of a Fire Suppression District that would allow the City Council to let the special assessments to finance a portion of the costs of providing Fire Suppression services throughout the City. When I talk about an assessment, I want to distinguish between a tax and an assessment A tax is a fonn of monitoring your position. either on people or on property, that is used by cities and other governmental agencies to raise revenues to finance services. A tax may be levied against people or property who mayor may not benefit from the services that are actually financed. An assessment, on the other hand, is also a monetary imposition on people or property, but it's directly related to the service received; and it represents the special benefit that the people or the property receive who are actually paying that assessment. It is a critical distinction between what a tax is and what an assessment is. I In the proposal before you, you have, as Mr. Kelly pointed out, a draft Engineer's Report. The Engineer's Report is required to be presented to you, both under the provisions of the government I I I RICHARD LEIGH (Willdan Associates) code, which is the enabling legislation that allows the City to consider the levy of a Fire Suppression assessmen~ and by the provisions of Proposition 218, a voter initiati,'e that was passed by the electorate here in California last November, and that established new requirements for the levy of assessments within the state of California. The Engineer's Report for this proposed assessmen~ like any other assessment, is really the cornerstone document of the proposal before you. Within the Engineer's Report will be a description of the Fire Suppression services proposed to be financed; there will be a boundary map which will show the area-{)f-benefi~ that is, those properties that will receive a special benefit from the Fire services proposed to be financed; there will also be a cost estimate of that portion of the Fire Suppression budget that would be financed through the levy of these assessments; and finally, and most importantly, will be the rate and method of apportioning those costs among all of the properties within the City, who will receive a special benefit from the levy of those assessments. This report will demonstrate to both the City Council and to the property owners within the City, that the City has in fact complied with the requirements of both the government code and the provisions of Proposition 218 as they relate to the proposed Je\Y of this assessment. At this point I will turn the microphone over to Willdan Associates for discussion of the methodology for levying the assessment. Mr. Mayor, members of the Council, my name is Richard Leigh. I'm with Willdan Associates. We authored the Engineer's Report. I'll just briefly go through the findings of the report and the rate and method. The first major finding of the report was that the assessment confers a special benefit to the properties assessed by maintaining the City Fire Department's excellent response time - it currently averages four (4) minutes - which is a \;ery excellent response time. Secondlv. going through the method of assessment, the assessment varies according to three (3) factors: first is the number of firefighters responding to a structural fire. Most firefighters respond to multifamily apartments and commercial structures than they would a single-family residence. The second factor is the size of the structure for commercial and multifamily dwellings: as the size of the structure increases, it requires more water and more firefighters to e>.1inguish the fire. The third is what we call a "frequency factor", or the relati\'e number of fires that are likely to OCCUr by land use. Because of their uses, multifamily dwellings and commercial-industrial properties are more likely to have a structural fire than a single-family residence does. 2 MAYOR HARBICHf COUNCILMEMBER CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG COUNCll.MEMBER YOUNG RICHARD LEIGH CHANG KOVACIC RICHARD LEIGH All three of these faclors are multiplied togelher 10 total their total benefil unils. The single- I family residence is assigned a single-benefit unit of one (I); and the remaining property uses are assigned benefit units varying from their increased benefit. That's the method, assessment and summaI)'. If there are any questions. .. ? Dr. Chang. I understand that you assign some faclor to the vacant property. Why? Vacant property does catch on fire and the Fire Department would respond to it. They would usually respond with much fewer personnel than they would a structural fire. In a vacant fire the main concern is controlling thaI; whereas with the structural fire you've got the increased loss of property and loss of life. OK. Your vacanl means, OK, not occupied, right? No structure on the property. There would be no structure on a vacant parcel. . No structure on the property. Correct If there's no structure, what's the fire hazard? The fire hazard is that it could catch on fire; and an engine would respond to that fire. Brush. Brush fire? Brush fire. Correct. Thank you. What kind of research did you do to come up with these conclusions aboul both type of property, use of property and size of property? The classifications we've used are all within the enabling legislation - the Fire Suppression code talks about the different classifications you can use, and we've used the major ones that they 3 I I I I I -- KOVACIC RICHARD LEIGH HARBICHT RICHARD LEIGH CHANG HARBICHT CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG have mentioned. The research has been arrived at. through both your Fire Department and Fire Departments in southern California. OK. But you used data from our Fire Department. Yes.. As far as the numberoffirefighlers responding, we did. As far as the frequency of fires, the data we looked at was so limited, that it wasn't statistically valid. I didn't think that it was a statistically valid conclusion, to go off thallimiled number of slructural fires. I think that one thing it is important to note is that they did distinguish between single-family homes, condominiums, different sizes of mobile-home residential, and then a number of variations within non-residential properties, meaning commercial and industrial properties. And there are different rates for each one. Just as an example, and this is not the absolute final . number but it's pretty darn close -- for a single-family home, which is the largest number of things that would be affected, the annual cost would be one-hunc1red and twenty-two dollars ($122), which works out to about thirty-three cents ($0.33) a day. It goes up to regioual shopping centers, which is twelve-hunc1red and seventy dollars and fourteen cents ($1270.14). So there are different assessments depending on the various risk factors that were examined in the report. That's correct Mr. Chairman? Dr. Chang. I have another question here. I understand that you have three (3) factors here to detennine the data or the benefit units - right? Right. The first one is single-family versus multiple-family, non-residential, special use, and you use the number of firefighters relative to the fighters that are regularly required for the single-family residence for instance - is that correct? Correct. Single-family residence would see a response time I believe of seventeen (17) firefighters. . . . . . seventeen (17). and then you have. . . ? Twent)'-four (24) multi-family. . . The second factor is the size of the structure, right? 4 RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG RICHARD LEIGH CHANG HARBICIIT KELLY Right. Right, of the commercial. . . Right. Yeah. This time you used different factor, which is the amount of water needed to suppress the fire. Correct. And then, sir, the third factor is the frequency of the unit? Correct. Now you distinguish the single-family residence from the rest of the structures. You just use one- point-six-six (1.66) for the rest of the structures. How do you arrive at that figure? It's through data from, specifically, the L.A. County Fire Distri~t, which is a much large district than yours; encompassed far greater number of fires than would occur in a single year in your area We used that factor because we fell that was a more statistically relevant gauge of the frequency of fires. . . . .. for those kind of structures . . . Right, right. . . . as compared to single-family structure. Right, yes. And in talking with [Fire] ChiefLevoie, he felt that that factor was well in line with what he would have 'best-guessed', without the data. He felt that that was an accurate number. Thank you. Any other questions? Mayor and Council, on this maller, unless you have any problems in methodology, staff and the consultants, when they finalize the Engineer's Repon, will place it before you in final form oe,,1 Tuesday evening [June 10] for your approval. So if I'm not hearing from you otherwise, we'll finalize these numbers in the documents. The ne,,1 item deals with ta.xable and non-taxable parcels. Under Proposition 218, all properties are considered "taxable", including the City of Arcadia, L.A. County, the Federal government, the State of California, MT A [Metropolitan Transit Authority] and the School District. This is the first time ever where the Cit)' would be taxing the School District, as an example. 5 I I I I I I HARBICHT KELLY MAYOR PRO TEM KOVACIC KELLY KOVACIC HARBICHT KOVACIC YOUNG HARBICHT YOUNG HARBICHT YOUNG HARB1CHT There are some ways to work through this process. The Council's desire was to raise around two-million two-hundred thousand dollars ($2.2 million) to balance the City's budget. The City already, through its general fund, provides these services to all these parties I so referenced. They are already having significant dollars contributed to them from the City's general fund operating budget. The staff is recommending that we maintain that general fund assistance, which is about one-hundred thousand dollars ($100,000); that you still place on the ballot for the property owners to vote a two-million two-hundred thousand dollar assessment ($2.2 million), and that the City is agreeing to make it equal to a two-million three-hundred thousand dollar ($2.3 million) issue, but that we will continue contributing our portion to the general fund assistance, not through the District. That is the staff's recommendation. Just to clarifY --- and we discussed this in an open study session earlier this evening, but -- we have the option of not assessing the School District, for example, as part of this assessment, and us paying the School District share? That's correct, yes. As 1 understand it, Monrovia has decided to assess property that is owned by the City of Arcadia. . . Correct. . . . in their Assessment Districts. So we would be adopting a different policy than that? Right. Well, for me, 1 would rather see the School District's funds going to educate children. And, so . . . my desire would be to exempt the other governmental agencies. I would agree with that. I'll agree with that, and 1 would recommend that we send a letter to them stating our position and why we're doing it. To each of the other governmental agencies? Yes. OK. You want to put all of that in the form ofa motion? 1 so move. OK. 6 KOV Acrc Second. I HARBrCHT OK. We have a motion by Young and a second by Kovacic. Roll call please. ROLL CALL: AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Kuhn, Young, and Harbicht None None HARBrCHT Mr. Kelly. KELLY Thank you. The ne"t item and last item deals with the actual ballot. The ballot will be completed by the end of this week in draft form. We submitted to you a draft public information document. It is our desire that next Tuesday as well you give final approval to the information sheet and the actual ballot. We'd like to take any comments if you have any now, otherwise we will discuss it more formally ne,,1 Tuesday, on June 10. KOV ACrC This completes the staff discussion on this matter, unless the City Council has any other items to question us on. I Yeah. r just had a question about process. The City has prepared, or is going to prepare, a question and answer brochure that is going in the Newsletter, is that correct? KELLY Correct. There is a section on the District in a question! answer format, yes. KOVACIC OK. And then the ballot itself would not only include where you vote, obviously, but a condensed version of the question and answer? KELLY Correct There is another document, separate from the Newsletter, in the ballot supplement, which is the Fire Suppression District Newsletter, which we'll also be happy to mail out if anybody wants to call City Hall. KOV ACrC And then the ballot will be mailed out to all property O\\l1ers under the rules established by Proposition 218; and that procedure will be set out in the ballot as well, as far as what a property O\\l1er should do? KELLY That is correct. Yes. HARBICHT r might mention that, there is a brochure answering questions about the Fire Assessment District, which is available to anyone, as Mr. Kelly says. If you call City Hall we will mail one to you. I'm sure you can pick these up at City Hall. the Library, the Community Cemer, probably most I 7 I I I civic offices. . . and it goes through a question and answer thing explaining what is going to be before you. It is the Council's and the City's desire that all of the citizens understand exactly what led up to where we are now, and what all of Ihis is all about In addilion to that, we are going 10 have a public meeting here in the Council Chambers that the community is invited 10, and thaI is going 10 be. . . do you know Ihe dale. . . ? KELLY June 16th HARBICHT June 16, at . . . KELLY . . . 6:30 p.m. HARBICHT . . . I think it's 6:30 in tlle evening. Everyone is welcome 10 come here. I will be e"l'laining the background oflhis, and we'll also respond to any questions thaI anyone has. And you also have the option of sitting at home and watching that on Channel Twenty (20), because it's to be broadcast live. And then it's going to be re-broadcast a number of times over the ne"1 two (2) or three (3) weeks in an attempt to make sure everyone is informed on the provisions of the Fire Suppression District But if you want to ask questions, you have to come down here. So we would welcome anyone who would care to come and take part in that meeting. 8