HomeMy WebLinkAboutJANUARY 16,1996_2
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38:0017
CITY COUNCn.. PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE
CITY CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
3.
3a.
ARCADIA HIGH
SCHOOL APACHE
FOOTBALL TEAM
4.
STUDY SESSION
FOR REVIEW OF
BUDGET REPORT
MINUTES
CITY COUNCn.. OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
JANUARY 16,1996
The City Council and the Arcadia Redevelopment Agency met in a regular meeting at
7:00 p. m" Tuesday, January 16, 1996 in the Arcadia City Council Chambers,
Monsignor Norman Priebe, Holy Angels Catholic Church
Arcadia City Librarian, Kent Ross
PRESENT:
ABSENT:
Councilmembers Chang, Ulrich, Young and Lojeski
Mayor Pro tern Kuhn
On MOTION by Cauncilmember Young, seconded by Cauncilmember Ulrich and
CARRIED, Mayor Pro tem Kuhn was EXCUSED.
(NOTE: i1ems I and 2 are incorporated into the Adjourned Regular Meeting held this
date,)
PRESENTATIONS
Mayor Lojeski introduced the Arcadia High School Apache Football Team and the
coaching staff, and congratulated them for their 1995-96 winning season, The previous
record for the most victories in a varsity football season was set in the 1960~ I season.
That team went 9'() in pre-season play, but lost the first ClF playoff game, The 1995-
96 Arcadia Apache football team had a winning season, and received the ClF
presentation as this year's Pacific League Champions, Mayor Lojeski presented the
Mayor's Certificate of Commendation to each member of the Arcadia High School
Football Team and their Coach, John DimaIante,
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS -
REPORTSI ANNOUNCEMENTSlST A TEMENTS
The City Manger stated that at S:30 p. m, this evening Council held a study session to
review the mid-year budget report and financial alternatives, Following the
presentation, the Council set a future date to continue evaluating the budget, and to
consider revenue enbancement options,
1/16/96
LIBRARY
BUILDING
PROJECT -
LIBRARY
FOUNDATION
5.
ORD. & RES.
READ BY
TITLE ONLY
6.
38:0018
The City Librarian, Kent Ross , stated, in part, that the first phase of the Library
building project will be complete in February, The Library will be closed from February
5 - 20 to move equipment into the new section, The renovation and expansion project
should be completed in September 1996, The City Librarian also stated that the
Library Foundation has been established for the purpose of raising funds for expenses
which the City did not supply, i,e" new furniture for the Library, To date the
Foundation has raised approximately $300,000 in pledges, cash or grants, but help is
still needed from the public, There are "named room plaques"as well as individual
"furniture plaque" opportunities for those who make larger donations to the foundation
project,
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QUESTIONS FROM CfIT COUNCIUREDEVELOPMENT AGENCY REGARDCNG
CLARlFICATION OF AGENDA ITEMS.
None
It was MOVED by Councilmember Young, seconded by Council member Chang
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, Ulrich Young and Lojeski
None
Mayor Pro tern Kuhn
AUDIENCE PARTICIPATION
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AI Bernabei. 108 East Wistaria, stated, in part, that he is concerned about Arcadia
business signs which are in other ethnic lettering and not in English, He would hate to
see Arcadia become like Alhambra or Monterey Park, where it seems like there is no
English at all any more, Mayor Lojeski responded that the Supreme Court does not
allow City laws prohibiting non-English signs, However, the Arcadia sign ordinance
permits non-English lettering to be no more than one-third of the sign, and exceptions
to this should be reported to the Development Services Code Enforcement Depanmenl
Mr. Bernabei called attention to a bank sign at Second Avenue and Duarte Road,
which seems to be 50% foreign lettering, Mr, Bernabei also suggested that there should
be a turn signal at the intersection of Second Avenue and Huntington Drive because
when traveling west on Huntington during rush hours it is difficult and dangerous to
make the turn. '
Marv Dollar, stated, in part, that she lives in the heart of the stonn of the Downtown
2000 development project, The common purpose that everybody has is to see Project
2000 come to a successful conclusion quickly, economically and as close to the beautiful
vision the architect has projected as possible, There has been inconvenience,
exasperation, annoyance and a lot of noise, but everyone knew what the shape of things
to come was to be, and that is now emerging, The Project 2000 office under the
stewardship of the present construction company has an open door policy and all who
have visited the office with various considerations have been met with courtesy and
consistent attention to the problems, Despite all the problems, the project is definitely in
gear. Last week she found a petition on her doorstep stating that the noise has to stop
and advised that she should tell the City Council that if it did not stop the noise right
away, they might not be re-<Iected next year, She has no idea who is circulating this
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1/16/96
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7.
7a.
PUBLIC
HEARING
TEXT AMEND.
95-004
(Outdoor
Dining Areas
in Connnlll &
Industrial
Zones)
(APPROVED)
38:00l9
petition, and does not appreciate being told what to do, She loves Arcadia and hoped to
retire here someday because it has so much to offer, Mrs. Dollar especially had
compliments for one of the cement workers who she noticed consistently makes an
effort to see that the finished product is perfect and attractive,
PUBLIC HEARING
At its December 12. 1995 meeting, the Planing Commission unanimously voted to
recommend to the City Council approval of Text Amendment 95~4 creating an
"Incidental Outdoor Dining Ordinance", The proposed ordinance sets forth specific
regulations for outdoor dining on private property of up to 12 persons without a
conditional use pennit, similar to the sidewalk dining regulations adopted by the City
Council in 1995,
The proposed regulations provide a means of review that would further encourage
outdoor dining by eliminating the six to eight weeks that is currently required to process
a conditional use pennit. It is staII's opinion that incidental outdoor dining areas adds
needed vitality to the City's business districts, The Development Services Department is
recommending approval of T, A. 95-004 as set forth in the draft ordinance, "Incidental
Outdoor Dining Ordinance for Commercial and Industrial Zones", The text
amendment does establish regulations including specific design standards and
procedures for granting of the pennit. The fee for the applications will be S95 and will
be approved by the Development Services Director upon application if all the
conditions of approval are met. Pursuant to the provisions of the California
Environmental Quality Act, a Negative Declaration has been prepared for this text
amendment. Staff is recommending approval of the text amendment, and the wording
as set forth in the draft ordinance included in the Janll3ly 16, 1996 staff report,
In response to a question from Council member Chang, staff responded that the owner of
the property must sign the application so that he is aware of the activity taking place on
the property, and the owner of the business must also sign, The owner of the business
is the one to whom the application is actually granted. In response to a question from
Councilmember Young, staff replied there are many restaurants in the City that
currently have outdoor dining areas that were approved under conditional use pennits,
i,e, the new Outback Restaurant has outdoor dining. This text amendment will allow
some of the smaller establishments, or even larger businesses that would like to have
outdoor seating to do so, Some discussion ensued as to whether outdoor dining and
sidewalk dining could both be allowed at a restaurant simultaneously, Staff responded
that this would be restricted to one or the other because of the parking requirements,
It was the consensus that both outdoor dining and sidewalk dining could be pennitled
with the stipulation of adequate parking, This language will be added 10 the text
amendment. The conditional use pennit goes with the business, and is ongoing with
that particular n:staurant. The sidewalk dining pennit will be a yearly pennit. If the
ownership changes. the new owner would have to apply for a new pennit.
Mayor Lojeski declared the public hearing OPEN,
No one desiring to be beard, the public hearing was CLOSED on MOTION by
Councilmember Ulrich, seconded by Councilmember Young and CARRIED
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1/16/96
8.
ULRICH
(April 1996
Municipal
Election)
CHANG
(Santa Anita
Race Track -
Incidental
Uses)'
CITY ATTORNEY
(Santa Anita
Race Track -
Incidental
Uses)
CHANG
(Arcadia
Transit
Expansion)
38:0020
II was MOVED by Councilmember Young, seconded by Councilmember Chang
and CARRIED on roll call vote as follows to APPROVE Text Amendment 95-004 and
DIRECf staff to prepare the appropriate ordinance and fee resolution, with corrections
as noted, for adoption at a later meeting.
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AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Lojeski
None
Mayor Pro tern Kuhn
MATTERS FROM ELECfED OffiCIALS
Councilmember Ulrich commented that, in reply to questions as to why he is not
running for election to the Council in the April election, his primary reason is that he
wishes to live up to the commitment he made when he was appointed to take the place
of Bob Marget!, who resigned when he was elected to the State Assembly,
Councilmember Ulrich has enjoyed his time on the Council. If the situation were
different, he might run for election, but he feels that he has a commitment and he will
live up to it. He is very gratified that so many friends and strangers have urged him to
run for election, He noted that his wife, Carol, would back him 100% if he decided to
run, He will fully participate in the remaining Council meetings, and do what he thinks
is best for Arcadia,
Councilmember Chang commented that with regard to the initiative petition concerning
the Santa Anita Entenaimnent Project, it is his understanding that the initiative provides
that the zoning of the Santa Anita Race Track property cannot be changed without voter
approval, This means it will be restricted to horse racing only, Concerns have been
raised that if this initiative is passed. other incidental activities such as charitable
functions would be prohibited from being held on that property, Councilmember Chang
discussed this with the City Attorney who said it was his opinion that this would not
alter the traditional incidental activities on the race track property.
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The City Attorney responded that he had not given a legal opinion, merely some
general thoughts, He is not sure at this time, The City Attorney also said that this is a
potential subject which Council can ask staff to look into if Council determines that it
wishes to have a repon on the effect of the proposed initiative such as the effect on
other incidental or ancillary uses which have been permitted uses over the years, A
discussion of the potential effect of such an initiative will be an agenda item for the next
Council meeting, as requested by Council. At that time a repon concerning the
potential land use can be requested by Council,
Councilmember Chang commented on his previous request for infonnation concerning
the expansion of service boundaries for Arcadia Transit, as requested by several
citizens, Staff submitted a repon outlining two options, One is to expand to all
unincorporated areas surrounding the City which would be approximately eleven and
one.half square miles, The second option would be to expand to the sphere of influence
which would be approximately two square miles, The first option would see an increase
of 60,000 trips a year; the second option would see an increase of 40,000 trips a year,
The first option would see an initial startup cost of $300,000 per year and maintenance
costs of $310,000 per year, The second option would cost $206,000 for the yearly
operation and $200,000 for the purchase of four new vehicles; the first option would
require the purchase of six vehicles. He thinks it would be good to be able to expand the
boundaries of the Arcadia Transit. He inquired of the City Manager as to whether the
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1/16/96
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CHANG
(Citizens
Meeting
1/21/96)
YOUNG
(First Ave.
Wtr. Pipe
Construction)
LOJESKI
(Santa Anita
Entertainment
Center - City
Council
Position)
(Arcadia
Schools
D.A.R.E.
Proj .)
(Mounted
Police
Bldg. )
(Chamber of
Commerce
Mixer)
38:0021
City <:auld apply for these additional funds, and was informed that the application could
be SUbmitted,
Councilmember Chang stated that there are to be citizens meetings in order to enhance
communication with citizens, and also to provide better service to the community. The
first meeting will be held Sunday, January 21, 1996 at 1:00 p, m, at the Buffet Club at
558 West Las Tunas Drive, Everyone is welcome to attend,
Councilmember Young commended the contractor who has been working on First
Avenue on the water pipes, She has never before seen such a fast job romp/eeed and
cleaned up,
Mayor Lojeski reiterated that on October 12, 1995 the City Council took a position
regarding the appropriateness of calling for an election on the Santa Anita
Entertainment Center, The appropriate time to ronsider a possible election is after the
Environmental Impact Report has been completed, and the public, City Council and
staff have all had the opportunity to review the project's impact and the public
romments that will come forth. At that time all the relevant information for an
informed meaningful vote will be before the public, This process will then give
everyone in the City an accurate picture of the project and its potential impact. That is
the official position of the Council.
Mayor Lojeski stated he attended the graduation ceremony for the first class of
graduates in the DARE, project in the Arcadia elementary schools, He made a
statement to these students that their investment in today is their investment in the
future, This was a seventeen week drug awareness program which was taught by
Arcadia Police Officers, The imponance of this is that it is a giant step in providing
children of today with the proper tools they need to resist drugs now and in the future,
Mayor Lojeski hopes the information presented to the fifth graders during the program
will remain with them for a lifetime, and will influence the choices that they make in
the future as they enter their teenage years, This is a great example of the wonderful
partnership that has been formed between the Arcadia schools and the Arcadia Police
Depanment. They are all to be commended for their commitment to educating Arcadia
children about the hazards of drug use, and how it negatively affects all segments of our
society. Mayor Lojeski will be making the same statements at the upcoming
graduation ceremonies in other Arcadia schools,
Mayor Lojeski suggested Council discussion of possible alternative uses of the parcel of
land which is the location of the Mounted Police Building (now known as Live Oak
Hall) on Live Oak Avenue, As of February 17, 1996, the building will no longer be
utilUed. He would like to have staff put together a package of recommendations for
appropriate uses of that property,' Perhaps the Recreation Director can bring this matter
to the attention of the Recreation Commission, There is a possibility that this property
might be utilized to generate revenue for the City, There is also the possibility of
demolishing the building and utilizing the property as a park, A discussion is required
to consider options, Mayor Lojeski suggested this matter be placed on the agenda for
the February 9, 1996 study session, Councilmembers agreed, It was suggested that the
study session convene at 8:00 a, m. rather than 9:00 a, m, at the Community Center,
Mayor Lojeski announced a Chamber of Commerce mixer to be held at the PAC.E
2000 facility at Santa Anita Fashion Park, Thursday, January 18, 1996,5:30 to 7:30
p, m, and everyone is invited,
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1/16/96
LOJESKI
(AHS Annual
Spaghetti
Dinner)
CITY CLERK
(Arcadia
Historical
Society)
(Nomination
Period -
Council Mbrs.
& City Clerk
4/9/96)
9.
ROLL CALL
9a,
MINUTES
(Jan. 2, 1996)
(APPROVED)
9b.
OUTBACK
STEAKHOUSE
CLAIM
(SETTLEMENT
APPROVED)
38:0022
Mayor Lojeski announced the Arcadia High School Apache Marching Band, Guard and
Auxiliary Princesses annual spaghetti dinner and recognition show to be held at Arcadia
High School, Saturday. January 20, 1996 dinner from 4:00 to 9:00 p,m" followed by
shows in the nonh gym at 5:00, 7:00 and 9:00 p,m, Everyone is invited,
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The City Clerk announced a meeting of the Arcadia Historical Society. Sunday, January
28, 1996 at 2:00 P, m, at the Arcadia Community Center, The Historical Society will
have a featured speaker who will ralk about the music of early California, Everyone is
invited.
The City Clerk announced that on April 9, 1996 the City of Arcadia will hold an
election for two City Council seats and one City Clerk, Four very important
propositions will be on the ballot also, The nominations opened for City Council and
Clerk on December 18, 1995 and the final filing date for incumbents was January 12,
1996. Since Councilmember Ulrich has not filed, the filing period has been extended to
January 17, 1996 for people other than incumbents, Nomination papers have been
issued to eight persons for the City Council positions, Five people have filed: Ruth
Gilb, Vince Foley, Bob HaJbichl, Dennis Lojeski and Gino Roncelli; Vic lonver,
George Fasching and Charles Chivetla have until 5:30 p, m, January 17, 1996 to file
their papers.
CITY COUNCIL RECESSED
MEETING OF TIlE ARCADIA REDEVELOPMENT AGENCY
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PRESENT:
ABSENT:
Agency Members Chang, Ulrich, Young and Lojeski
Mayor Pro tem Kuhn
On MOTION by Agency Member Young, seconded by Agency Member Chang
and CARRIED, Agency Member Kuhn was EXCUSED,
It was MOVED by Agency Member Young, seconded by Agency Member Ulrich
and CARRIED that the minutes of the January 2, 1996 adjourned and regular meetings
be APPROVED.
Consideration of the request for approval of payment to T -Bird Restaurant Group, Inc,
(Outback Steakhouse) for emergency construction work (claim), Nonhwest Comer
Project site at Huntington Drive and Second Avenue,
In August, 1995, when the Downtown 2000 Project (Sully-Miller Contracting Company)
staned falling behind schedule, the City was faced with waiting for a new contractor or
having the Outback Stealthouse contractor, Gamma Construction, complete the work
necessary for the restaurant to open as scheduled, Essentially, this work consisted of
removing the fonner south Second Avenue access road at the comer of Huntington
Drive and Second Avenue, constructing, the curblguller at the south end, removing and
constructing the sidewalk, curb, guller/driveways on Huntington Drive adjacent to the
Outback Stealthouse. With the cooperation and approval of T-Bird Restaurant Group,
Inc" the parent company of Outback, Gamma Construction was authorized to do the
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1/16/96
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9c.
FIFTH AVE.
PROJECT -
GATEWAY
ASSOCIATES
(Consultants
Retained)
(APPROVED)
'.,
., i ~
38:0023
work which was completed in October, 1995, and the restaurant was opened as
scheduled, Since that time Outback/Ganuna CQnstrUction have submitted a claim and
supponing documentation for the cost of the work, Their billing cost is generally
consistent with the bids by Sully-Miller for the same work. Details of the work
performed and related costs are set fOM in the January 16, 1996 staff report. Staff
recommended partial payment of the claim in the amount ofS21,08S,
In response to questions from Agency Member Chang regarding the billing cost, staff
responded that the City/ Agency and Ganuna Construction had an ongoing disagreement
about the Outback parking lot elevation and its construction, At that time the
City/ Agency was under time pressure to complete that ponion of the Downtown 2000
project and to enable the Outback Restaurant to open on time, As a result of a meeting
in November and subsequent discussions with Gamma. City staff agreed to compromise
on the 52,220 cost of raising the parking lot grade at the low area to the amount of
51,100, In response to Agency Member Chang's question if the City/Agency and
Gamma were each SO% right, Agency Counsel replied that the end result was a
cornpromise of a practical administration problem of a contract, The compromise was a
practical solution to get the job done in an equitable manner without a lot of cost being
incurred by the City, and without any undue prejudice to the City or to the contractor,
It was MOVED by Agency Member Ulrich, seconded by Agency Member Young
and CARRIED on roll call vote as follows to AUTHORIZE the partial payment of the
claim in the amount of 521,08S,OO to Arcadia Steakhouse, L,P, (Outback Restaurant) for
the emergency construction work described in staff report dated January 16, 1996,
AYES:
NOES:
ABSENT:
Agency Members Ulrich, Young and Lojeslri
Agency Member Chang
Agency Member Kuhn
Report and recommendation to approve contracts and appropriate funds for various
consultants to conduct necessary studies, prepare repons and provide support services
concerning the "Fifth Avenue Project" - Real Estate and Furniture, Fixtures and
Equipment (FFE) Appraisals, Lea Associates; Business Goodwill Appraisals, Desmond,
Marcello &: Amster; and Relocation Services, Kalian &: Associates,
In October 1995 the Agency entered into an Exclusive Right to Negotiate (ERN) with
Arcadia Gateway Associates (Gateway) for the development of the Fifth Avenue
Prllperty, which is approximately nine acres in Arcadia at the comer of Fifth Avenue,
Santa Clara Avenue and the Arcadia Wash near Huntington Drive, As part of that, the
Agency was required to cany out several studies, Relocation involves the analysis and
CO$(to relocate the business tenants and the residential tenants; goodwill is a specialized
maner that redevelopment agencies are often billed for, which is loss of patronage to the
bUSiness establishment; and real estate appraisals, The work which is to be done under
the ERN is broken into three phases, The first is preliminary work to determine the
cost, The second is to do the actual analyses and repons, which is the bulk of the work,
The third are the updates which are often required because of the time involved; the
Agency is legally required to update the work done, The work has been bid to various
appraisers and consultants, Based upon the submittal of their proposals, analysis and
check of references, staff recommends that the Agency retain the services of Kalian and
Associates at 589, 100 for Relocation Services; Desmond, Marcello and Amster at
53S,7S0 for Business Goodwill; and Lea Associates at 519,305 for Real Estate, FFE and
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1/16/96
ADJOURNMENT
lO.
lOa.
MINUTE
APPROVAL
(Jan.2,1996)
(APPROVED)
38:0024
Inventory Appraisals, In response to a question from an Agency Member, staff replied
that the ERN requires the developer to pay the cost of the real estate appraisals,
Agencies are expected to pay for relocation and goodwill costs; these typically are not
developer costs, In the Agency's negotiations with Gateway. it is the Agency's
responsibility to pay those costs. However, it was put into the ERN that when the
Agency obtained those figures, as a result of the Phase I work, those costs would be
totaled and then the Agency would negotiate with Gateway Associates for them to pay
all of those costs, l11at mayor may not occur, If the Agency is unable to complete the
work due to cost considerations. then Gateway will have to pay such costs, The first
phase of the project is to perform the initial estimating of the costs to see if the project is
feasible, l11at report will come from the staff and from the developer, Gateway
Associates, If it is deemed feasible as a result of these consultants' work, the Agency
will proceed to Phase II. When all the basic repons and analyses are done. staff will
come back to determine if the Agency wishes to proceed to Phase III, which is to
actually prepare and develop a Disposition and Development Agreement CODA) with
the developer, The Executive Director further explained that this is a joint
commerciaVretail project with Monrovia, which is also negotiating with the developer.
World Vision and with Arcadia, Both parties - this Agency and the developer and
Monrovia and the developer - have a long way to go, This is Arcadia' s portion of the
first phase of the ERN, The marketability of the project is still to be tested, This
developer, Gateway Associates (Lary Mielke Associates and Oak Knoll Group, both of
Pasadena) is not the same as the Gateway Centre Project developer (Stanley Gribble),
A worst case situation would result if there is failure to negotiate successfully with the
four businesses and nineteen residents in the project area because there would then be
significant bills and delays. Often only 10% of the relocations become difficult and
costly, This is also true of the real estate appraisals,
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It was MOVED by Agency Member Ulrich, seconded by Agency Member Young
and CARRIED on roll all vote as follows to AUTIlORIZE the Arcadia Redevelopment
Agency Executive Director to EXECUTE the agreements, subject to approval as to form
by the Agency Counsel; and APPROPRIATE funds for the following services relating to
the Fifth Avenue Project: Relocation Services . K:!Jian and Associates. $89.100;
Business Goodwill. Desmond, Marcello and Amster - $35,750; and Real Estate; FFE
and Inventory Appraisals - Lea Associates. $19,305,
AYES:
NOES:
ABSENT:
Agency Members Chang, Ulrich, Young and Lojeski
None
Agency Member Kuhn
The meeting ADJOURNED to February 6, 1996 at 5:00 p, m,
CITY COUNCIL RECONVENED
CONSENT ITEMS
APPROVED minutes of the January 2, 1996 adjourned and regular meetings,
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1/16/96
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lOb.
WORKERS'
COMP,
SETTLEMENT
(McDonald)
lOco
WORKERS'
COMP,
SETTLEMENT
(Perry)
11.
11a
COMMERCIAL I
INDUSTRIAL
RECYCLING PROG.
REVISION &
TERMINATION
ZAKAROFF
AGREEMENT
(APPROVED)
", ".1
r\',TTr" ',..1'
38:0025
RATIFIED the $95,000 Workers' Compensation settlement for Louis McDonald,
RATIFIED the $20,000 Workers' Compensation settlement for Eugene Peny,
ALL OF TIm ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY
COUNCILMEMBER ULRICH. SECONDED BY COUNCILMEMBER YOUNG
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang. Ulrich, Young and Lojeski
None
Mayor Pro tern Kuhn
CITY MANAGER
Repon and recommendation regarding revISIon of commerciaVindustrial recycling
program under AB 939 (California Integrated Waste Management Act). The City of
Arcadia is required by the State to recycle 25% of all refuse collected in the community,
The ne><l phase of this program is for the City to recycle 50% of refuse collected in the
community by the year 2000, The City has been very successful in the diversion of
refuse, and is meeting the 25% diversion requirement. This goal was met and
maintained because of a very successful residential recycling program; good green waste
collection program; and the diversion of waste from the Santa Anita Race Track, In
order to meet the 50"10 diversion rate, Arcadia will need to recycle 50% of the
commercial refuse stream by the year 2000. In anticipation of this higher level of
diversion, the Cities of Arcadia, Duane and Monrovia embarked on a commercial
recycling program in July of 1994, The City of Arcadia also adopted an ordinance
requiring all businesses in Arcadia to panicipate in the recycling effon. The City also
hired a commercial hauler, Zakaroff Recycling Services, to be its official designated
recycler, Even though the businesses responded favorably to the recycling ordinance,
and Zakaroff did all thaI was required of them to encourage and implement the
recycling programs, the effects of the program fell far shon of expectations, Currently,
only 2,5% of the commercial refuse stream is being reponed as recycled material, One
reason for the low percentage is that the City requires over 700 individual businesses to
repon separntely, trad<. prepare and submit quanerly recycling repons to the City, Not
only is il difficult for each of these businesses to complete these repons, it also places an
extreme time constraint on staff, which cannol properly monitor all the repons, Another
reason for the low percentage is that the refuse haulers are nOl required to repon any
commercial recycling information to the City. Currently, there are no requirements or
incentives in place for the permitted haulers to panicipate in the commercial recycling
program. To improve the program, staff is proposing that the City Council enact a new
ordinance to place the burden of the commercial recycling program directly on the
shoulders of the existing six permitted refuse haulers in the City, The proposed
ordinance would also require each of the haulers to submit a strategy to effectively
9
1/16/96
ORDINANCE
NO. 2044
(INTRODUCED)
llb.
REVISION OF
BUS. LIC.
SECTION OF
ARC.MUN.CODE
(APPROVED)
38:0026
recycle commercial refuse in the City, To enforce the ordinance, provisions are included
in the ordinance to penalize haulers for non-<:ompliance, which could include
conditions to revoke the business license or not renew the pennit when they apply for a
new one, Staff feels this program will assist the City in achieving the 50% diversion
rate by the year 2000. It is staff's recommendation that City Council introduce the
ordinance and authorize the City Manager to tenninate the agreement with Zakarotf
Recycling Services.
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In response to a question from Councilmember Chang, staff responded that Zakarotf
Recycling Services will continue to collect refuse in the City, and do recycling under
the pennit they have, Each business will be allowed to select one of the six pennitted
commercial waste haulers operating in the City to haul their refuse, This will merely
tenninate the City's agreement with Zakarotf as the official designated recycler, Mr,
Malloy noted that the Zakarotf Company agrees with staff's recommendation to
tenninate the agreement with the City,
It was MOVED by Councilmember Chang, seconded by Councilmember Young
and CARRIED on roll call vote as follows that Ordinance No, 2044: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING PORTIONS OF PART 3 OF CHAPTER I OF ARTICLE
V OF THE ARCADIA MUNICIPAL CODE RELATED TO THE COLLECTION OF
RECYCLABLE MATERIAL FROM COMMERCIAL AND INDUSTRIAL BUSINESS
PROPERTIES" be and it is hereby INTRODUCED; and that the City Manager be
DIRECfED to tenninate the existing agreement with Zakarotf Recycling Services for
commercia1 and industrial recycling,
AYES:
NOES:
ABSENT:
I
Councilmembers Chang, Ulrich, Young and Lojeski
None
Mayor Pro tern Kuhn
Repon and recommendation for consideration of proposed revisions and changes to the
Business License section of the Arcadia Municipal Code. The Development Services
Depanment is recommending changes and additions to the Business License Section of
the Arcadia Municipal Code which are outlined in staff report dated January 16, 1996,
These changes would result in new processing procedures for parking lot promotional
events, game machine and sidewalk sales which will be more efficient and resull in less
staff time and cost 10 the City and the applicants, The revisions also establish more
realistic and equitable fees for some uses such as fortunetelling, daily vendor fees and
other uses which are outlined in the staff report, and it does provide an overall increase
in revenues of approximately $24,000 by requiring business license fees for garage sales,
lipping fees, family care and rental property,
In response to a question from Councilmember Chang, staff responded that the business
license fee for fonunelelling was sel al $611,60 per year because the City was concerned
about the number of fonunelellers thai would apply for a pennit when the law was
changed, A ruling of the California Supreme Court compelled the City to allow fortune
telling. Since at the lime this was a new fee, and the City had no prior experience with
this type of business, the fee was sel al this high level. However, only two licenses have
ever been applied for, and at the present time only one person is still licensed and in
business in the City.
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1/16/96
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I
llc.
HilllAN
RESOURCES &
RECREATION
COMMISSIONS
VACANCIES
(INTERVIEW
CANDIDATES
2/6/96)
38:0027
Staff believes the fee should be lowered to that of the Tip Sheet operators at Sanra Anira
Race Track ($367.10 per year).
Council member Ulrich suggested that charging a fee for garage sales might result in
fewer requests for permits, He also suggested that possibly two or three times the
number of garage sales are held without permits, If the objective is [0 have permits, this
may be self-defeating and the revenue produced is not significant. Staff responded that
most cities now require permits for garage sales because they are proliferating so
rapidly, In response to his question about enforcement, staff replied the Police
Depanment, when on patrol, may stop and ask to see a permit, when they see a garage
sale, but not on any regular basis, In response to a question from Council member
Chang. staff replied that the permit fee for parking lot promotional events and sidewalk
sales is $40, and these permits are suggested to be under the Commercial Permit
Section. As it is set up now, the time factor makes it inconvenient for the business
people, because there is a delay for the processing. and most of them don't request the
permit until it is too late,
It was MOVED by Councilmember Young. seconded by Couneilmember Ulrich and
CARRIED on roll call vote as follows to CONCUR with the Development Services
Department's recommendations. and DIRECT staff to prepare the appropriate text
amendment for consideration at a public hearing, Prior to the public hearing. the
proposed regulations are to be subauned to the Chamber of Commerce and the Board of
Realtors for rmew,
AYES:
NOES:
ABSENT:
Councilmember Chang. Ulrich, Young and Lojeski
None
Mayor Pro tem Kuhn
Report and recommendation to approve the appointment process for filling vacancies on
the Human Resources and Recreation Commissions, A vacancy currently exists on the
Human Resources Commission due to the resignation of Donald Bartrip, and on the
Recreation Commission with the resignation of Marian Travisano, The Council has
several alternatives as to how to fill the vacancies: Select a number of candidates and
interview them prior to appointment or look at the list of candidates who filed Citizen
Service forms and make a selection this date,
It was MOVED by COUJICiJ"",m""" Young. seconded by Councilmember Ulrich and
CARRIED on roll call vote as follows to ACCEPT the resignation of Marian Travisano
from the Recreation Commission and Don Bartrip from the Human Resources
Commission.
AYES:
NOES:
ABSENT:
Councilmember Chang, Ulrich, Young and Lojeski
None
Mayor Pro tem Kuhn
Mayor Lojeski suggested that each Councilmember put forward three names and see if
all four Couneilmembers can agree on a selection of candidates for interviews,
Couneilmembers agreed.
For Human Resources Commission: Arthur Fry, Gordon Penharlow, Robert Fine and
Janie Sted:enrider
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1/16/96
ltd.
THEME
INTERACTIVE
ENTERTAINMENT
FACILITY
CPD-l ZONE
(CONTINUED)
ADJOURNMENT
(Feb,6,1996
5:00 p.m.)
ATTEST:
38:0028
For Recreation Commission: Sleven Phi IIi pi, Lee Searing, Bob McAlister and Owen
Miller
I
It was the consensus of Council that the above named candidates be scheduled for 15 -
20 minute interviews each for one appointment to the Human Resources Commission
and one appointment to the Recreation Commission at 5:00 p, m" Tuesday, February 6,
1996.
Report and recommendation for City Council determination of whether or not a theme
interactive entertainment facility is an appropriate use in the CPO-I (CommercIal
Planned Development) Zone, per Section 9260,1.6(24) of the Arcadia Municipal
Code, According to the information submined by the applicant. a theme entertainment
facility provides interactive laser games that an: an offshoot of virtual realty technology,
Many of the games an: played by teams in an an:na using infra-red beams with real or
simulated light lasers for tracking purposes. Based on the information furnished to the
City, the average size of an an:na is 3,000 sq, ft. The Planning Commission at its
January 9, 1996 meeting reviewed the request from Jeff Brown on behalf of Kalvin Lee
and recommended to the City Council that a theme interactive entertainment facility
may be an appropriate use in the CPO-I with an approved conditional use permit.
However, the Commissioners thought the use should be better defined and, based upon
the information that was presented at the meeting. 'the Commission voted 7~ to
recommend to the City Council that interactive laser and or simulated laser tag games
be permined in this zone with an approved conditional use permit The Development
Services Department recommends allowing said use in the CPO-I zone with an
approved conditional use permit If the request is approved and if the conditional use
permit is approved, the applicant plans to locate in the Landmark Center on Huntington
Drive,
I
It was the consensus of Council that staff obtain further information and input from the
Police Department and the Arcadia School District and that the maner be
CONTINUED to the next available Council meeting.
At 8:55 p, m. the meeting ADJOURNED to Tuesday, February 6, 1996 at 5:00 p, m. in
the Conference Room of the City Hall Council Chambers for an Adjourned Regular
Meeting to conduct the business of the City Council and the Arcadia Redevelopment
Agency, and any Closed Session necessary to discuss persoMCI, litigation matters and
evaluation of properties.
~,
of the City of Arcadia
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