HomeMy WebLinkAboutSEPTEMBER 16,1997
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CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE
IN THE OFFICE OF THE CITY CLERK
ROLL CALL
1.
2.
13. OllfJ. <.(0
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
3.
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
SEPTEMBER 16, 1997
The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on
Tuesday, September 16, 1997 at 6:30 p.m., in the Conference Room of the Council
Chambers.
PRESENT: Councilmembers Chang, Kovacic, Kuhn, and Young
ABSENT: Mayor Harbicht
It was MOVED by Councilmember Young, second by Councilmember Kuhn and
CARRIED to EXCUSE the absence of Mayor Harbicht.
AUDIENCE PARTICIPATION
None
CLOSED SESSION
The City Attorney announced that the City Council would enter a Closed Session
"Pursuant to Government Code Section 54956.9(a) to oonfer with legal oounsel
regarding the case of Gail Penprase (Beaumier) v. City of Arcadia."
At 6:33 p.m. the City Council RECESSED to the Closed Session and RECONVENED
at 7:00 p.m. in the City Council Chambers.
Rev. Jolene Cadenbach, Arcadia Congregational Church
James Dale, Administrative Services Director
PRESENT: Councilmembers Chang, Kuhn, Young and Kovacic
ABSENT: Mayor Harbicht
It was MOVED by Councilmember Young, second by Councilmember Kuhn and
CARRIED to EXCUSE the absence of Mayor Harbicht.
PRESENTATION
On behalf of the City Council, Mayor Pro tern Kovacic presented a proclamation to
Steve Guttierrez, Vice-President of the Arcadia Lions Chili, oommending the Club for
its service to the blind and the deaf and financial support to the Arcadia Health Care
Council, Campership Program, the Arcadia Red Cross and scholarships for Arcadia
High School seniors, and proclaiming the months of October and November, 1997 as
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4.
5.
ORD. & RESO.
READ BY TITLE
ONLY
6a
PUB. HRG.
APPEAL OF
MC 97~35
(Blk. wall . 1308
Standish Place)
(DENIED)
() sti'tJ .,l, <:;
39:0212
White Cane Days.
SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
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City Manager Pro tern/Chief of Police Garner advised that a plot map and photographs
of 1308 Standish Place have been distributed to Council (Agenda Item 6a).
QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING
AGENDA ITEMS
None
It was MOVED by Councilmember Young, second by Councilmember Kuhn and
CARRIED that ordinances and resolutions read by title only and that the reading in full
be WAIVED.
Consideration of an appeal of the Planning Commission's denial of Modification No.
MC 97~35. The Planning Commission at its August 12, 1997 meeting voted 6 to 0 to
deny MC 97~35, requesting a stucco finish on one side of a recently constructed block
wall in lieu of the Modification Committee's conditional approval that the entire wall be
constructed of decorative masonry block. The appeal was filed by Wai Lee, architect, on
behalf of Mr. Ying Lu, the owner of the property located at 1308 Standish Place.
On November 26, 1996 the Modification Committee considered MC 96~44, a request
for an 8'.11" rear yard setback in lieu of the 25'~" minimum required for the subject
property. The property owner originally began construction of a two bedroom and bath
addition on the property without permits from the City. Subsequently, the Committee
approved the addition with the 8'.11" rear yard setback subject to the condition that a
6'~" high decorative block wall be constructed along the easterly rear property line
(approximately 130 linear feet long).
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In lieu of constructing the approved decorative block wall the property owner
constructed a plain block wall and applied for a new modification, MC 97~23, a
request that the newly constructed masonry wall be allowed to remain. Based upon the
evidence presented at the June 24, 1997 hearing for MC 97~23, and the concerns of the
surrounding property owners, the Modification Committee felt that the newly
constructed block wall would not be a satisfactory substitution for the required
decorative block wall and the Committee denied the applicant's request
The applicant then submitted a new application, MC 97~35, directly to the Planning
Commission on August 22, 1997. MC 97~35 proposed a stucco finish to one side of
the wall only. The Planning Commission denied MC 97~35, stating that the existing
block wall must be demolished within sixty days and a decorative wall (slump stone or
split-face block) constructed according to the original condition of approval of the
Modification Committee. .
In the interim a City Building Official inspected the existing wall and in his opinion the
structural integrity of the existing wall meets City specifications. Aesthetically, staff
believes if Mr. Lu stuccoed both sides of the wall it would be an acceptable means to
enhance the appearance of the wall, and should meet the intent of the Modification
Committee's conditional approval. Additional details are setforth in the September 16, I
1997 staff report.
Staff responded to Council's questions followed by the public hearing. which was
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opened by Mayor Pro tern Kovacic.
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IN FAVOR OF THE APPEAL .
Wai Lee. Architect, ACAD Architecture, appellant, representing Mr. Ying Lu the
owner of the subject property. Mr. Lee stated in part that Mr. Lu regrets that he was
naive and ignorant of the laws as far as City procedures in obtaining a building permit
and inspections. Once the City notified him he sought help to complete the project so
that it would meet City requirements. Mr. Lee noted he was not present at the Planning
Commission meeting to provide a definition of a decorative block wall to Mr. Lu.
Further, Mr. Lu did not understand what the Planning Commission was unposing upon
him at that meeting. Mr. Lee stated at this time the only issue is whether a stucco block
wall is consistent with the City's design. The landscaping plan has been submitted to
the City and Mr. Lu will remove the tree. Mr. Lee admitted the existing block wall is
unsightly because the joints were not troweled properly. However, the integrity of the
wall is sound and the rebar supports are in place. He believes this stuccoed block wall
should be considered a decorative block wall.
IN OPPOSITION TO THE APPEAL
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Charles Fullington, 1303 Mayflower, stated in part, his property is adjacent to the Lu
property. He would not have agreed to the findings of the Modification Committee on
November 26, 1996, if he had known all the other modifications were going to be
requested. Mr. Fullington pointed out that Mr. Lu's addition was constructed eight feet
from the property line instead of twenty-five feet to begin with, and there were all kinds
of deficiencies with the construction. Then the matter of the wall came up and Mr. Lu
agreed to construct a decorative wall and then proceeded to put up a stucco wall. Mr.
Fullington commented that a stucco wall will rapidly deteriorate. He further
commented about the construction of the addition which was built in two weeks. Mr.
Fullington urged Council to uphold the findings of the Planning Commission and have
the wall tom down.
Bertha Hultman. 1331 South Mayflower, stated in part that Mr. Lu's architect should
have advised Mr. Lu of the required plan checks, permits and inspections... this did not
happen and Mr. Lu proceeded to put up an illegal addition to his house until someone
notified the City and stopped the construction. Mrs. Hultman restated the progression
of the various Modification Committee meetings which allowed Mr. Lu to continue the
construction as long as he paid the fines, got plan checks and permits, and brought all
the infractions up to code. Other conditions were imposed also, including the
construction of a decorative six foot block wall. Mr. Lu did not construct such a wall as
required and the wall he put up is not six feet high in some places. Mr. Lu agreed 100%
to all the required conditions of approval of the requested modification and fully
understood what he was required to do. Mrs. Hultman questioned City procedures
noting in particular that Mr. Lu had agreed to put up a slump stone decorative block
walL. then put up a gray concrete block wall and applied for another modification.
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Don Archer. 1306 Standish Place, stated in part that he and other residents on Standish
Place have no animosity towards the Lu's. However, they do wish that all construction
be built according to code and the requirements setforth by the City. That is the issue
the neighbors are concerned about The City and Mr. Lu agreed to certain conditions
and this should be upheld. The neighbors do not want to see their property values
diminished and that is why a number of residents in his area phoned the City regarding
Mr. Lu's addition... because it was not built according to code. In response to Mayor
Pro tern Kovacic regarding removal of a tree on the Lu property, Mr. Archer believes if
the subject tree is not removed it will destroy the wall. He had no comment about the
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required landscaping of Mr. Lu's property.
REBUTIAL
Yin2 Lu. property owner, 1308 Standish Place, stated in part, that the block wall is six
feet high for its entire length, and the construction workers started work after eight or
nine in the morning and stopped before dark. This in reference to Mrs. Hultman's
comments. Mr. Lu said he put up the existing block wall because he did not understand
what "decorative" meant. He will beautifY the wall. The tree in question is on his
neighbors property. The subject tree will not destroy the wall because the root was cut
during construction of the wall. In response to Councilmember Chang, Mi. Lu said he
caIled the City to inspect the wall after the foundation was in. The finished wall was
not inspected until later on when the City inspector checked the waIl for the re-bar
supports. The inspector did not see any problems with the construction.
Wai Lee. architect, re-stated that he was not brought into Mr. Lu's project until after
Mr. Lu was cited by the City for starting construction without a permit. In reference to
the comment that the room addition was structurally unsound, Mr. Lee said that he and
the City Building Inspector walked through the job site and inspected all the
construction... normal procedures were followed. As far as the decorative block wall,
Mr. Lu was not told what a decorative wall was supposed to look like, or that stucco is
not acceptable. Mr. Lee believes the real issue is whether a stuccoed block wall is
consistent with the design of the City of Arcadia, as a decorative block wall. He urged
Council to grant the request that the existing block wall be stuccoed on both sides.
No one else desiring to be heard, it was MOVED by Councilmember Kuhn, seconded by
Councilmember Young and CARRIED that the public hearing be CLOSED.
In the discussion, Councilmember Young stated she would go with the recommendation
of the Planning Department and that the six conditions listed in the staff report be
carried out... making sure that a brown coat is put on the existing wall to fill in the
holes. And, that the stucco is a level finish.
Councilmember Chang agreed with Councilmember Young that the Planning
Department recommendation be adopted as a condition of approval of the appeal.
Councilmember Kuhn e"'pressed concern that Mr. Lu's addition was built without a
permit, then everything else was worked around that original problem. Now there is an
additional problem with the wall. She would uphold the recommendation of the
Planning Commission to deny MC 97'{)35 and give the applicant sixty days to bring the
property into full compliance with the Modification Committee's recommendation.
In response to Mayor Pro tern Kovacic; s query, Modification Committee Member Cindy
Rowe stated that she believes Mr. Lu understood that a decorative wall meant slump
stone or split-face block. Based on Ms. Rowe's testimony, Mayor Pro tern Kovacic
stated that Mr. Lu should comply with the condition imposed by the Planning
Commission to demolish the wall and rebuilt it. Councilmember Young agreed
Mayor Pro tern Kovacic suggested in the future the definition of a decorative block wall
be more specific. Councilmembers Kuhn and Young agreed
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Following is the amended MOTION: It was MOVED by Counci1member Kuhn, second I
by Councilrnember Young and CARRIED on roll call as follows to DENY the appeal of
the Planning Commission's denial of MC 97'{)35; FIND that the location and
configuration of the wall is not visually harmonious with the site and with surrounding
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6b.
PUBLIC MG.
CDBG FUNDS -
SMALL BUS.
CAPITAL
LOAN FUND
(S.G.V.C.D.C.)
OS',?'/~. ()
39:0215
sites and structures, and that the wall dominates. the surroundings to an extent
inappropriate to its use; and, REQUIRE the applicant to demolish the existing wall and
replace it with a decorative block wall, subject to the approval of the Community
Development Division within sixty (60) days of Council action this date.
Councilmembers Kuhn, Young and Kovacic
Councilmember Chang (denial of the appeal will cause
unreasonable hardship to Mr. Lu)
ABSENT: Mayor Harbicht
AYES:
NOES:
Consideration of the report and recommendation to revise the 1997-98 Statement of
Objectives and Project Use of 23rd Year Community Development Block Grant (COBG)
Funds. The Greater San Gabriel Valley Community Development ColJlOration (COC)
is composed of several area cities and banks. COC is establishing a small business loan
fund and is requesting up to $10,000 from Arcadia as "pool" money fo~ a capital loan
program for local small business development This is a one time Redevelopment
Agency contribution as well as a CDBG contribution which can be leveraged numerous
times to pennit loans of $5,000 to $50,000 to Arcadia businesses. The City of Monterey
Park is the leader in this effort along with other cities and banking institutions within
the San Gabriel Valley that form the CDC. Its mission is to provide "nearly bankable"
loans to qualified borrowers and provide technical assistance to small businesses. Initial
funding to create the loan pool and loan loss reserve fund would come from local cities
and banks.
CDC has received approval from the Federal Deposit Insurance Commission and
incolJlOration status from the State of California. The combined Cityl Agency payment
of $10,000 will provide CDC services which have been outlined in the September 16,
1997 staff report. These services are consistent with the City's economic development
program as well as the goals that have been setforth in the General Plan. It is hoped
that this will be operational by December of 1997. The "Bank CDC" concept was
developed in San Diego in 1990 and has won several awards. It is now operating in
Orange County, Riverside County as well as San Diego. While the COC's main thrust
is to serve lower income areas it can make loans anywhere within a member
organization's jurisdiction. There are sufficient funds in the Redevelopment
Unappropriated Reserves to provide the $5,000 from the Redevelopment Agency. Also,
Community Development Block Grant funds can be utilized for this neighborhood
revitalization and community development activity.
Staff proposed that $5,000 be reallocated from the Housing Rehabilitation Program and
that a new activity be approved as setforth in the Project Description (COBG program)
for the Greater San Gabriel Valley Development ColJlOration. The changes to any
CDBG program require a public hearing and approval by the City Council. Staff noted
this is a one time request and the City does not receive reimbursement for these funds.
The direct benefits to the City are not quantifiable, however, staff believes that increased
lending into Arcadia businesses for operation and expansion could potentially increase
employment opportunities and sales tax to the community. One of the goals of the 1996
General Plan is to promote programs for the expansion and retention of existing
businesses within the City.
As pan of this goal and the City's ongoing efforts to enhance commercial opportunities
in the community, this program will be available to assist both existing businesses as
well as new businesses interested in coming to Arcadia.
Calvin Tanatongo. Economic Development Director for the City of Monterey Park, was
present to respond to Council's questions. Mr. Tanatongo noted some cities are
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39:0216
contributing to the fund primarily through their redevelopment agencies while other
cities are dividing their contributions similar to that proposed by Arcadia using CDBG
and redevelopment funds. If a City contributes at the $10,000 level, that City would be I
guaranteed over the first two years, of that amount of loans back to the City. Mr.
Tanatongo advised that the CDC is currently in the process of selling stock options with
various San Gabriel Valley banks. The goal is to raise $300,000 in capital funds
through the banks and a number of grants through the municipalities. To-date CDC has
raised $200,000. The balance is expected in thirty to forty-five days. Councilmember
Chang noted the interest rate to the borrower would be 4% over the banks' usual rate,
which would result in a high rate of interest. Mr. Tanatongo noted CDC would be
dealing with people who cannot get a conventional loan from a bank. In the event of a
default the banks that purchased the stock options would be liable. Mr. Tanatongo
further e'..plained in detail the operation and mission of the CDC as setforth in the
September 16, 1997 staff report
Mayor Pro tern Kovacic OPENED the public hearing.
Drew Krvnicki, 321 Leroy Avenue, e,.pressed his opinion that the way to nuture
business is to allow the free enterprize system to work. $5,000 is not going to help
Arcadia Businesses or even go to Arcadia. If the program expands, however, and
becomes $100,000 to $300,000 then Council would have to look at what are the benefits
versus the negatives. This program may nuture a few businesses which may not have
started up... but overall the City would get away from what really brings business into
the community. Mr. KIynicki explained that a business can simply come into the City
and get started up with little cost. He believes the City should do everything to
streamline the process and to keep the City separate from business.
No one else desiring to address the City Council, it was MOVED by Councilmember
Young, second by Councilmember Kuhn and CARRIED to CLOSE the public hearing.
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In the discussion that followed, Councilmember Young stated that she would like a
report of the success of this program in the counties of San Diego, Orange and Riverside
to see if the CDC is really marketing and loaning the funds, and are they getting a
return from the program.
Councilmember Kuhn sees the program simply as a financing tool to get smaIl
businesses started. The benefits seem to be there, however, there may be a downside
that is not evident at this time.
Councilmember Chang stated in part that the program looks like a good idea. The
money would be loaned to "nearly bankable" businesses. They would also receive
technical assistance. He agrees, however, that there are some unanswered questions and
he would also like to know more about the experience of the other cities involved.
Councilmember Chang e"'Pressed concern about the high interest rate. Before making a
decision he would like additional information.
Mayor Pro tern Kovacic agreed that he also would like more information and the real
e"'JlCrience of businesses which have received CDC funds, in particular.
It was MOVED by Councilmember kuhn, second by Councilmember Young and
CARRIED on roll call vote as follows to CONTINUE Agenda Item 6b to the October 7,
1997 City Council meeting pending additional staff information related to the Greater I
San Gabriel Valley Community Development Corporation program.
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7.
8.
YOUNG
(League Mtg.)
(Riptides Dinner)
(1997-98 Budget)
(Unsigned Letters)
KUHN
(Holiday Homes
Tour)
(Pasa. YMCA)
CHANG
(Unsigned letter)
(Arc. Chinese-
American Assoc.)
(Chinese Festival
of Days)
39: 0217
AYES:
NOES:
ABSENT:
Councilmembers Chang, Kuhn, Young and Kovacic
None
Mayor Harbicht
AUDIENCE PARTICIPATION
Judv Morse. Executive Director of the California Arboretum Foundation, announced the
Los Angeles Garden Show to be held at the Arboretum on Wednesday, October 22,
through Sunday, October 26, 1997. Ms. Morsedistributed literature and decorative
parasols to the Council to commemorate this event, and expressed appreciation to City
staff for their wonderful support and cooperation. .
Gail Marshall. 2300 block of Lee Avenue, requested that Council explain Agenda Item
9c, Amendment No. One to the Commercial Facade Rehabilitation Program Guidelines.
MATIERS FROM ELECTED omclALs
Councilmember Young commented that she recently attended the League of California
Cities Meeting. Mr. Mouw from Glendora was installed as President of the Los Angeles
County Division of the League.
Councilmember Young also attended the Riptides dinner honoring 150 children for
their participation in this swim program.
In reference to the last FY 1997-98 budget meeting, Councilmember Young expressed
her disappointment that Council couldn't do a better job in balancing the City's budget
than taking such a large portion from reserve funds. Calling the current budget
shortfall a "rainy day" is not biting the bullet and taking the necessary steps to reduce
the budget. She does not want to cut services, but if that will balance the budget, she
would agree to such cuts. It was unfair not to take some budget cuts from every
department and reduce the e,,:penditures $1.2 million rather than just $600,000.
Councilmember Young noted receipt of two unsigned letters criticizing the functions of
various City departments. She does not place any credence in an unsigned letter.
Councilmember Kuhn agreed and noted this type of one way communication is not
effective.
Councilmember Kuhn announced the Arcadia Methodist Hospital Auxiliary will hold its
43rd Annual Holiday Homes Tour on December 5, 1997.
Also, on November the 6th, the Pasadena YMCA will honor someone from the Cities of
Arcadia, Monrovia and Duarte as a "Champion of Youth".
Councilmember Chang felt the unsigned letter received by the Council merited
Council's attention. It is the content of the letter that he feels is important, not the
signature. Council should look into the situations mentioned in the letter and make
corrections, if necessary.
Councilmember Chang noted the Arcadia Chinese American Association brought
breakfast to the police and fire departments on September 11 th to show their
appreciation to the employees of these departments.
Further, today, September 16, is the Mid-autumn Festival of Days, according to the
Chinese lunar calendar, which is celebrated by eating speciaI moon cakes.
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(A.E.F.)
KOVACIC
(Me\h. Hasp.
Dinner Dance)
(FY 1997-98
Budget)
(Arc. Centennial
Celebration)
9.
ROLL CALL
9a.
MINUTES
(Aug. 23 &
Aug. 26, 1997)
(APPROVED)
9b.
APPROP. FUNDS -
SMALL BUS. LOANS
(Greater S.G. Valley
Comm. Dev. Corp.)
(CONTINUED TO
ocr. 7, 1997)
rJ S. ~ </.~ ,3 0
39:0218
Councilmember Chang provided a box of moon cakes for \he Council to enjoy.
The Pasadena Star News reported \he Arcadia Educational Foundation will begin a
program to raise funds for computers and modem technology for \he Arcadia Unified
School District. The A.E.F. hopes to raise $2.5 million for this important project Dr.
Chang offered a check for $500 to A.E.F. toward \he campaign.
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Mayor Pro tern Kovacic expressed congratulations to \he Arcadia Me\hodist Hospital
Foundation for \he wonderful dinner dance on September 6 honoring Bill Davila and
raising a great deal of money for local educational programs.
In reference to Councilmember Young's comments regarding \he 1997-98 City budget,
Mayor Pro tern Kovacic noted he previously requested that staff provide a quarterly
financial review of \he budget to \he Council in order to monitor expenditures and
revenues and re\hink Council's positions. His recommendation would be to bring back
\he issue immediately for additional discussion or at least on a quarterly basis for
review.
Mayor Pro tern Kovacic noted \he fonnation of \he Arcadia Centennial Celebration
Comminee will take a lot of volunteers to be part of \he organizing comminee to help
put \he volunteer core toge\her, and plan \he centennial celebration. Mr. Kovacic
encouraged Arcadia residents to become involved and contact \he City's Community
Relations Officer to volunteer.
THE CITY COUNCIL RECESSED IN ORDER TO Acr AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Chang, Kovacic, Kuhn, and Young
ABSENT: Chairman Harbicht
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It was MOVED by Agency Member Young, second by Agency Member Chang and
CARRIED to EXCUSE the absence of Member Harbichl
It was MOVED by Agency Member Chang, second by Agency Member Young and
CARRIED on roll call vote as follows to APPROVE the Minutes of the August 23 and
August 26, 1997 Adjourned Regular Meetings.
A YES: Agency Members Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Chairman Harbicht
Consideration of the report and recommendation to appropriate $5,000 in
Redevelopment Agency funds to assist \he Greater San Gabriel Valley Community
Development Corporation in their efforts to establish a small business capital loan fund.
It was MOVED by Agency Member Chang, second by Agency Member Kuhn and
CARRIED on roll call vote as follows to CONTINUE consideration of $5,000
appropriation of Redevelopment funds to the Greater San Gabriel Valley Community
Development Corporation small business loan program, to the October 7, 1997 meeting.
AYES:
NOES:
ABSENT:
I
Agency Members Chang, Kuhn, Young and Kovacic
None
Chairman Harbicht
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9c.
COM'LFACADE
REHAB. PROG.
GUIDELINES
AMD.#I
(APPROVED)
0(,('( _,:U (
9d.
PARTIALLY REPAY
CITY LOANS,
REBORROW &
EXTEND TERM
(FY 1997-98)
06/d ~ ';0
ADJOURNMENT
10.
lOa.
MINUTES
(Aug. 23 &
Aug. 26,1997)
lOb.
RES. 6010
(Amd ICRMA,
JPA)
o .3N" .lll
39:0219
During the implementation phase of the Agency's Commercial Facade Rehabilitation
Program (CFRP) adopted March, 1996, it became apparent that certain sections of the
guidelines needed to be clarified or amended, i.e., ArchitecturaI Design Services,
Appeals and miscellaneous administrative sections. The proposed changes were
summarized in the September 16, 1997 staff report.
Following the staff report and discussion, it was MOVED by Agency Member Young,
second by Agency Member Chang and CARRIED. on roll call vote as follows to
APPROVE Amendment No. One to the Commercial Facade Rehabilitation Program
Guidelines.
AYES: Agency Members Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Chairman Harbicht
The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of
interest and principal on long term debt. The source of funds for these payments is tax
increment revenue. Each year the Agency repays the City any loans outstanding
between the City and the Agency to the extent that funds are available in the tax
increment fund at June 30. The annual repaYment of existing debt between the Agency
and the City is recorded in order to utilize tax increment funds for their intended use
and to formally recognize and document the loans between the City and the Agency
annually.
It was MOVED by Agency Member Chang, second by Agency Member Young and
CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency PAY
$1,542,980 of loans outstanding at June 30, 1997 to the City of Arcadia, and that the
Agency RE-BORROW $1,542,980 and deposit such amount in the Agency Project
Fund; the Agency ACCEPTS an extension for the RE-P A YMENT of the remaining
outstanding debt of$5, 100,620. All loans to be due and payable on June 30, 1998.
AYES:
NOES:
ABSENT:
Agency Members Chang, Kuhn, Young and Kovacic
None
Chairman Harbicht
The meeting of the Arcadia Redevelopment Agency ADJOURNED to September 4,
1997 at 6:00 p.m.
TIlE CITY COUNCa RECONVENED
CONSENT ITEMS
APPROVED the Minutes of the August 23 and August 26, 1997 Adjourned Regular
Meetings.
ADOPTED Resolution No. 6010, entitled: "A RESOLUTION OF TIlE CITY
COUNCa OF TIlE CITY. OF ARCADIA, CALIFORNIA, AMENDING TIlE
INDEPENDENT CITIES RISK MANAGEMENT AUnIORITY (lCRMA) JOINT
EXERCISE OF POWERS AGREEMENT TO AUnIORIZE A MEMBER CITY TO
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9/16/97
,.
RES. 6011
(Harbicht &
BelllCRMA Bd.)
0.1 (;:) '" \
lOco () -:"GGl . ~()
FINAL MAP
TR. 52161
(Res. Condo
727-733 W.
Camino Real)
10d. r;1~-; I Q' "J
TEMP. BANNERS
(Arboretum Fdn.
Garden Show)
10e. 0 G (.) c ',4
ARA LOAN PMf.
RE-LOAN &
EXTEND TERMS
(FY 1997-98)
II.
11a. (1 II..) ..: '?
RESOLUTION
NO. 6012
(Council Mtg's)
(ADOPTED)
11b. IJ'I J.;) -/'/
ORDINANCE
NO. 2076
(Nighttime Curfews)
39:0220
APPOINT A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE
GOVERNING BOARD.". and,
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ADOPTED Resolution No. 6011 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPOINTING SPECIFIC
REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY."
APPROVED the Final Map of Tract 52161 for a six-unit residential condominium
project at 727-733 West Camino Real Avenue, provided that before recordation all
outstanding conditions of approval be complied with to the satisfaction of the City
Engineer.
APPROVED the request of the California Arboretum Foundation to install temporary
street banners on City owned street light poles along portions of Huntington Drive and
Baldwin Avenue from September 22 to October 27, 1997; AUTHORIZED staff to
proceed with Encroachment Pennit approval.
ACCEPTED payment of $1,542,980 of loans outstanding with the Arcadia
Redevelopment Agency on June 30, 1997; RE-LOAN $1,542,980 to the Agency Project
Fund; EXTEND the time frame for the re-payment on the remaining debt of $5, 100,620
to be due and payable on June 30, 1998.
ALL OF THE ABOVE CONSENT ITEMS, lOa, b, c, d AND e, APPROVED ON
MOTION BY COUNCILMEMBER CHANG, SECOND BY COUNCILMEMBER
YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
I
AYES: Councilmembers Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Mayor HaIbicht
CITY A ITORNEY
The City Attorney presented for ADOPTION and read the title of RESOLUTION NO.
6012: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, SPECIFYING MEETING TIMES AND THE ORDER OF BUSINESS
FOR CITY COUNCIL MEETINGS."
It was MOVED by Councilmember Chang, second by Councilmember Young and
CARRIED on roll call vote as follows that Resolution No. 6012 be and it is hereby
ADOPTED.
AYES: Councilmembers Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Mayor HaIbicht
The City Attorney presented for ADOPTION and read the title of ORDINANCE NO.
2076: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING
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9/16/97
I
I
I
llc.
ORDINANCE
NO. 2077
(Auto Fueling
Stations)
(INTRODUCED)
0':5"(111- 6~
lld.
ORDINANCE
NO. 2078
(Voluntary
Campaign
Expenditure
Limits)
(INTRODUCED)
!O,1t) . I ~
39:0221
"
SECflON 4250.1.2 PERTAINING TO NIGIITfIME CURFEWS."
It was MOVED by Councilmember Young, second by Councilmember Kuhn and
CARRIED on roll call vote as follows that Ordinance No. 2076 be and it is hereby
ADOPTED.
AYES: CounciImembers Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Mayor Harbicht
The City Attorney presented for INfRODUCflON and read the title of ORDINANCE
NO. 2077: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING SECflONS 9275 ET. SEQ.
(CONDmONAL USES) OF THE ARCADIA MUNICIPAL CODE TO ADD A NEW
DESIGNATION OF "AUTOMOBILE FUELING STATIONS" AND REGULATIONS
TO CONDmONALLY PERMIT CONVENIENCE RETAIL MARTS IN
CONJUNCflON WITH GAS STATIONS."
It was MOVED by Councilmember Kuhn, second by Councilmember Chang and
CARRIED on roll call vote as follows that ORDINANCE NO. 2077, be and it is hereby
INfRODUCED.
AYES: Councilmembers Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Mayor Harbicht
Consideration of Ordinance No. 2078, establishing a voluntary campaign expenditure
ceiling for elections to City offices. Pursuant to direction of a majority of the City
Council and consistent with Proposition 208, Ordinance No. 2078 was prepared to
implement a campaign e"penditure ceiling for the election of City Council members and
the City Clerk. As directed, the limitation was based on a population of approximately
50,000 Arcadia residents at $.50 per resident. Accordingly, the expenditure ceiling per
candidate per election is $25,000.
The proposed ordinance establishes a voluntary expenditure ceiling. Candidates must
file a statement of acceptance or rejection of the ceiling before accepting any
contributions. If a candidate accepts the expenditure limitation, the per person
contribution ofSl 00 is increased to $250 per election.
Pursuant to Proposition 208 the expenditure limitation applies to the candidate and the
candidates controlled committee. A candidate who does not accept the expenditure
ceiling and raises or spends 75% of the recommended expenditure ceiling for that office,
the voluntary expenditure ceiling for other candidates in the same race will
automatically triple. Likewise, if an independent expenditure committee or committees
in the aggregate spend 50% or more of the applicable expenditure ceiling in support or
in opposition to any candidate.
A candidate may contribute unlimited amounts of their own money to their campaign.
However, Il!lder Proposition 208, a candidate is limited as to how much he or she can
loan to their own campaign. This limit is $20,000 in outstanding balances at any given
time.
-.........
----...
Proposition 208 requires that the local elections official (City Clerk) designate on the
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9/16/97
KOVACIC
(In Memory of
Julius "Pete" Appel)
ADJOURNMENT
39:0222
ballot, the ballot pamphlet, and sample ballot, which candidates have accepted the
voluntary e"-penditure ceilings.
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Considerable discussion ensued. The City Attorney clarified that a candidate
contributing to his own campaign would fall under the voluntary expenditure ceiling if a
limitation is adopted by the Council. In response to Mayor Pro tern Kovacic the City
Attorney advised that the candidates subscribing to voluntary expenditure limits would
be bound by the parameters of Proposition 208. Further, in tenus of loans to a
candidates own campaign, the limit is $20,000 in outstanding balance at any given time.
The City Attorney will seek clarification of Dr. Chang's impression that a candidate
who does not subscribe to the voluntary limit could loan unlimited amounts of money to
his own campaign. Councilmember Chang felt introduction of Ordinance 2078 should
be tabled to the October 7th Council meeting pending additional infonnation and the
presence of Mayor Harbicht. On the advice of the City Attorney, and because of time
constrictions, Council agreed to introduce Ordinance 2078 this date and continue the
discussion at the October 7th meeting.
It was MOVED by Councilmember Chang, second by Councilmember Young and
CARRIED on roll call vote as follows that ORDINANCE NO. 2078 entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
CALIFORNIA, AMENDING CHAPTER 7 OF ARTICLE I OF THE ARCADIA
MUNICIPAL CODE BY ADDING SECTIONS 1701 ET. SEQ. ESTABLISHING A
VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY
OFFICES", be and it is hereby IN1RODUCED.
AYES: Councilmembers Chang, Kuhn, Young and Kovacic
NOES: None
ABSENT: Mayor Harbicht
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Mayor Pro tern Kovacic announced that he, "would like to close the meeting in memory
of my father-in-law who passed away last Wednesday. His name was Julius "Pete"
Appel, my wife's father. A great guy, I loved him dearly. First of all I want to thank
members of the Council and the City family for the well wishes, flowers and cards.
That was very very nice and my wife appreciated it and I did too very much. I guess the
best way to put it is, my son, and I give him a lot of credit for doing this, wrote and gave
the eulogy at the funeral and he ended it by saying, 'he was my best friend and I will
miss him', and I can't say anything better or more than that. Thank you."
At 9:07 p.m. the Regular Meeting ADJOURNED to Tuesday, September 30, 1997, at
6:00 p.m. in the Conference Room of the Council Chambers for an Adjourned Regular
Meeting of the City Council and the Redevelopment Agency relative to economic
development.
/~~
Robert C. Harbicht, Mayor of the City of Arcadia
ATfEST:
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