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HomeMy WebLinkAboutJANUARY 16,1996_2 I I I 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, I 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 I 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 I 2 1/16/96 I I I 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 3 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. I 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. I 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 I 4 1/16/96 I I I 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, 5 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, I 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 I 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 I 6 1/16/96 I I I 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 7 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, I I 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, I 8 1/16/96 I I I 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. I 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. I 10 1/16/96 I I 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 11 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 I 12 1/16/96