HomeMy WebLinkAboutFEBRUARY 20,1996
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38:0042 c.c.
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON fILE IN THE OffICE Of THE
CITY CLERK
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
1.
la.
OATH OF
OFFICE
(Rec.Comsnr.-
S. Phillipi)
lb.
OATH OF
OFFICE
(Hum. Res.
Comsnr.
G.Penharlow)
Ie.
NEWCASTLE
VISITOR
(McMahon)
OIJ2D - ~O
'" sr'
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
FEBRUARY 20, 1996
The City Council and the Arcadia Redevelopment Agency met in a regular meeting at
7:00 p. m. Tuesday, February 20, 1996 in the Arcadia City Council Chambers.
Bishop James Corrigan, Church of Jesus Christ of Lauer Day Saints
Finance Director, Jim Dale
PRESENT:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
Mayor Lojeski
On MOTION by Councilmember Young, seconded by Councilmember Ulrich
and CARRIED on roll call vote as follows, Mayor Lojeski was EXCUSED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
PRESENTATIONS
The City Clerk administered the oath of office to incoming Recreation and Parks
Commissioner, Steve PhiUipi, who will serve the unexpired term of Marian Travisano to
June 30, 1996. Council member Young, Council liaison to the Recreation and Parks
Commission presented City credentials and a City pin to the new Commissioner and
welcomed him to the City family.
The City Clerk administered the oath of office to incoming Human Resources
Commissioner, Gordon Penharlow, who will serve the unexpired term of Don Bartrip to
June 30, 1996. Councilmember Ulrich, Council liaison to the Human Resources
Commission presented City credentials and a City pin to the new Commissioner and
welcomed him to the City family.
Mayor Pro tern Kuhn inuoduced Mr. Michael McMahon, Director of Corporate
Services, City of Newcastle, AusUalia, Arcadia's Sister City. The City Manager noted
2120/96
2.
REFUSE
COLLECTION
(NEWCO)
o r :1.0 - ~O
NSP
CITY
FINANCIAL
POSITION
O.3,:J..O - ~-O
",SF'
38:0043
that he had met Mr. McMahon at a City Managers' Conference in San Diego last week I
in connection with Mr. McMahon's tour of California cities during which he is
gathering information which may prove to be useful upon his return home. The City
Manager read a plaque: "to Michael McMahon in appreciation of your effons to foster
an informative and constructive relationship ",ith the City of Arcadia, February 20,
1996", from the City of Arcadia Mayor, Councilmembers, and City Manager. A City
pin was also presented to Mr. McMahon by Mayor Pro tern Kuhn. Mr, McMahon
expressed warm greetings and best wishes from Arcadia's Sister City, Newcastle. New
South Wales, Australia. Mr. McMahon's next visit will be in San Francisco and other
California cities to get some good ideas from observing how City governments conduct
business. He also expressed appreciation for the warm welcome he received in Arcadia.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA lTEMS-
REPORTS/ ANNOUNCEMENTS/STATEMENTS
The City Manager referred to a letter that Arcadia residents may have received from
Newco Waste Systems which mentioned that the City of Arcadia is reviewing companies
for refuse and recycling duties. For the record, he pointed out that the City of Arcadia's
contract with Newco is due to expire in June. Council, after deliberating alternatives of
how to proceed, instructed staff to begin consideration of a competitive selective process
together with the cities of Monrovia, Bradbury and Duane. Newco has been invited to
panicipate in that process. In the event that staff is not able to continue with the
process, the Council still has indicated a desire to review alternatives or to receive
proposals for such services. The City Council is reserving its right to make the final
decision as to which company will be awarded the contract. The Council is interested
in the best company for the best price to continue good service to the citizens of Arcadia.
I
The City Manager funher stated, "in recent weeks you may have been aware of cenain
repons, comments, editorials, letters, etc., discussing the City's financial condition.
Much of this discussion came about as a result of a mid-year budget presentation, at
which time staff presented a forecast to the Council of where we are financially at mid-
year of this budget, as. well as some indication of where we will be in the future years.
At that time staff indicated we need to be very conservative about expenditures as well
as revenue based upon the fact that in the past years our expenditures have exceeded our
revenue. Staff advised the Council that several of our major funding sources are not
reaching their forecasted projections, primarily due to the problems in the economy
overall. On the other hand, several of our revenue funds have exceeded expectations.
Therefore, overall, we should be relatively OK this fiscal year. During the
presentation, staff did discuss that over $2 million dollars have been lost to the State of
California as they attempted to balance their budget using our money. If we had that $2
million dollars, our budget would be in much better balance and we would not be having
problems matching revenue and expenditures overall. We did mention, though that
cities throughout California have had to use their reserves to prevent becoming insolvent
in the long run, and that many cities have laid off staff, reduced services and gone
through other forms of modifications to balance their budgets. City stalf, in its
presentation, indicated that in the past, atthough we may have had a substantial amount
of reserve funds available, we used them judiciously to balance those dry periods such as
we have currently. This balances the budget and is a good judicious use of our funds.
Tonight the City Council and staff want to go on record and clarify any
misunderstandings that may be occurring about our financial condition. Arcadia is not
near insolvency nor bankruptcy, and through proper planning and creative utilization of
our resources,' we will be able to ensure a balanced budget this year and in future years,
and at the same time make sure that our services are maintained at the highest possible
2 2/20/96
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ORD. & RES.
READ BY
TITLE ONLY
3.
3a.
PUBLIC
HEARING
WEED
ABATEMENT
PROGRAM
(APPROVED)
O'f'lO. .;-0
3b. 0;-.95'-;;'(1
PUBLIC
HEARING
GENERAL PLAN
AMENDMENT
96-001
(NW Corner
2nd Av.&
Htg. Dr.)
(APPROVED)
. j ~ . l' ; t \
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38:00.\.\
level. This is to clear up some of the misconceptions and representations being made
resulting from that mid-year budget presentation."
It was MOVED by Councilmember Chang, seconded by Councilmember Young
and CARRIED on roll call vote as follows that ordinances and resolutions be read by
tiUe only and that the reading in full be WAIVED.
AYES:
NOES:
ABSENT
Councilmembers Chang, Ulrich. Young and Kuhn
None
Mayor Lojeski
PUBLiC HEARINGS
On February 6, 1996, the City Council adopted Resolution No. 5904 declaring its
intention to provide for the abatement of noxious weeds, rubbish and refuse from certain
private property within the City. Resolution No. 5904 also set this date as the time and
place to hear objections to the proposed removal of such flammable and otherwise
noxious material, As required by the Government Code, the County Agricultural
Commissioner mailed the appropriate notice to all property owners involved. The
County also provided a list identiJYing the propenies requiring weed abatement by
parcel number and street address, or general location if a street number has not been
assigned. Representatives from the City Fire Department and Chester Olson of the
County AgricultuJal Commissioner's Office were present to answer questions.
In response to a question from Councilmember Chang. the City Clerk replied that if an
overgrowth of weeds is seen in the City, the matter should be referred to the Fire
Department. The property would be added to the list for weed abatement if, after
inspection, this should be determined by the Fire Department to be required.
Mayor Pro tern Kuhn dedared the public hearing OPEN.
No one desiring to be heard, the hearing was CLOSED on MOTION by Council member
Ulrich. seconded by Council member Young and CARRIED.
It was then MOVED by Councilmember Young, seconded by Councilmember Chang
and CARRIED on roll call vote as follows to DIRECT the County Agricultural
Commissioner to abate the nuisance by having the weeds, rubbisb and refuse removed
from those propenies set fortb on the weed abatement list attached to the staff report
dated February 20, 1996.
AYES:
NOES:
ABSENT:
Council members Chang, Ulrich. Young and Kuhn
None
Mayor Lojeski
This General Plan change was initiated by the City to amend the current General Plan
designation from "Industrial" to "Commercial" for the Redevelopment Agency owned
property located at the northwest corner of Second Avenue and Huntington Drive. The
site contains approximately 174,000 sq. ft. (4 acres). The property has frontage on two
streets: Second Avenue and Santa Clara Street, and is visible from both the freeway
and Huntington Drive. Because of the size of the property, tbe location adjacent to
3 2/20/96
3c.
PUBLIC
HEARING
CDBG
FUNDS
(APPROVED)
OS-30-.:JO
38:0045
Huntington Drive, and the fact that the uses on the properties to the east are commercial, I
the Redevelopment Agency since 1989 has been primarily marketing the propeny for
commercial uses and/or multiple-family houslDg even though the zoning and general
plan designations are industnal. Recently the Marrion Lodging Development Company
expressed interest in developing a three-story, 153 room Courtyard by Marriott Hotel on
three of the four acres. Hotels are permitted only in the CPD-I and C-2 or any less
restrictive commercial zone with an approved conditional use penmt In order to allow
a hotel or any other commercial use on the site, the general plan designation and the
zoning classification must be changed. The proposed "commercial" designation is
consistent with the designation being proposed in the General Plan Update currentty
being prepared by the City. The "Commercial" designation will allow more
alternatives in establishing a zoning designation for the site, and will provide more
flexibility in the types of uses which would be permitted. If this General Plan change is
adopted, a zone change "ill be initiated at a later date.
Mayor Pro tern Kuhn stated that, because of previous rulings by the FPPC, she has a
conflict of interest in this particular item. She appointed Council member Young to
preside the public hearing.
Councilmember Young declared the public hearing OPEN.
No one desiring to be heard, the public hearing was CLOSED on MOTION by
Councilmember Ulrich seconded by Councilmember Chang and CARRIED.
It was then MOVED by Councilmember Ulrich, seconded by Councilmember
Young and CARRIED on roll call vote as follows to APPROVE the General Plan
Amendment GP 96~1; and DIRECf staff to prepare the appropriate resolution for
adoption at a later meeting.
I
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Chang, Ulrich and Young
None
Mayor Lejeski
Mayor Pro tern Kuhn
Staff has been advised by the Community Development Commission (CDC) that the
City will receive approximately $412,000 in Community Development Block Grant
(CDBG) Funds for fiscal year 1996-97. Cost and project summaries must be submitted
to the County no later than March I, 1996. Anyone of the following criteria is
required for a project to qualify for Community Development Block Grant Funds: I) a
project must benefit low and moderate income families; 2) aid in the prevention or
elimination of slum and blight; and/or 3) have a particular urgency because existing
conditions pose a serious threat to the health or welfare of the community where other
financial resources are not available to meet such needs. . Federal regulations also
require that a minimum of 70% of the funds be used to support activities that benefit low
and moderate income persons. The City had received a request for CDBG funding from
the California Home for the Aged Deaf to subsidize the partial salary of a director
position. After investigating and checking with the Community Development
Commission, staff had been advised that funding can not be used for this type of activity.
Because of the continued success of the City's current program, staff recommends
continuation of these programs as follows: Housing Rehabilitation - $345,527;
Congregate Meals Program - S20,000; Senior Citizens Social Services - $22,000; and
Administration - S25,OOO.
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2/20/96
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N~P
.1 f 1,1
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38:0046
In response to questions from Council members Chang and Young, staff replied that
persons wishing to apply for housing rehabilitation funds can apply to the Community
Development Services Department. The grant is in the amount of 5 10.000, Staff has a
waiting list of persons waiting to receive funding for housing rehabililntion, and those
persons have to meet the economic criteria established by the County,
Mayor Pro tern Kuhn declared the public hearing OPEN.
No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember
Chang, seconded by Councilmember Young and CARRIED.
It was MOVED by Councilmember Chang, seconded by Councilmember Young and
CARRIED on roll call vote as follows to APPROVE the allocation of Community
Development Grant funds for Housing Rehabilitation. 5345,527; Congregate Meals
Program - 520,000; Senior Citizens Social Services - 522,000; and Administration -
525,000 for a total of 5412,527; and to AUTHORIZE the City Manager to execute the
Memorandums of Understanding which are to be submitted to Los Angeles County at a
later date.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
AUDIENCE PARTICIPATION
Robert S. Ellison, 620 West Huntington Drive, stated that. "in reference to the letter
from the City Manager in response to Mr. Frank Goddard concerning Mr. Goddard's
appearance before Council on February 6, Mr. Kelly wrote, in part, 'Regarding
placing approval of Santa Anita Realty's proposed commercial entertainment center
before the electorate'. Dr. Ellison believes there is a misunderstanding here. The
petition that Mr.Goddard spoke of does not address such a matter. The petition of which
he spoke is as follows: 'Section 25g of the General Plan. Land Use Element, is amended
to read: 'This designation applies to the area of the City used for horse racing. Because
of the unique nature of horse racing and the size and location of the property within the
City, and the desire to see this use continue, the site is designated for this special use.
This section will not be amended to allow any use other than horse racing except by a
majority vote of the people'. The petition seeks only to put before the people the question
of whether the City Councilor the electorate should have the legal power to decide on
the re-zoning. The question of re-zoning the race track area is a separate matter, and
will have to be voted upon if this ordinance is passed. The last five weeks have been
spent in front of super markets, post offices and drug stores obtaining signatures for this
petition. About 2,000 people have talked to me. Others in our group have talked to
similar numbers of people. Most people are very receptive to the request to sign the
petition. Most who sign know why I am there and they sign, and they say they are
opposed to the Cemer, and believe they should have a right to vote on the matter. Much
smaller numbers sign and say they are for the Center, but believe the voters should
decide the matter. Then, there is a third group and they say, 'you and your petition are
against the Center, and I am not going to sign because I don't want to give the
electorate the right to decide'. It seems that this third group believes that the City
Council will vote for the re-zoning. They apparently fear that a vote of the people would
defeat an application for re-zoning. The Council has repeatedly said that it is now
neutral, and is waiting for more information, i.e., the EIR, before making a decision.
5 2120/96
38:00~7
However, the CouncIl's position was on the re-zoning of the race track. It has not laken I
a position, to the best of my knowledge, on putting this petition on the ballot. Yet this
third group seems to believe that Council has already made its decision to vote for the
re-zoning. With this feeling in the community, the Council, I believe, is in an
untenable position. Should the Council vote for the re-zoning, its credibility will be
diminished. The "I told you so's" will come out in full force. It is ironic, people may
discredit the Council if the Council makes a 'yes' vote. The third group says that
Neighbors for Arcadia are trying to discredit it, that Neighbors for Arcadia are urging a
vote as to who will have the power of re-zoning, while what Neighbors really want is a
vote so that the application for re-zoning can later be defeated. Let it be known that
this laller statement is absolutely true. However, this petition would only allow a vote
on who will have the power to decide on the re-zoning. It, in itself, is nether for nor
against the Center. We who are obtaining signatures for the petition are being
successful. We have every reason to believe that we will obtain the necessary signatures
to cause a special election. When we accomplish this,the Council will have a minimum
of 118 days (almost four months) and a maximum of 133 days, (almost five months) to
place the question on a ballot. Should Council elect to wait, an expenditure of
approximately $60,000 of the City's money will have been spent to do this. Again, we
ask you to put this petition on the ballot. Let me remind you, this petition is not a vote
on the Center. Simply put, it is a question of whether or not the City Council is willing
to consider sharing a small portion of its power with the people. No EIR reports or
other studies are needed for the Council to make this decision. Therefore I ask you, in
fairness to the voters of this City, that you place this petition before the people at a time
considered to be appropriate by you. However we need to know this very soon, if you
will do this. I invite you to attend the next meeting of the Neighbors for Arcadia at 7:30
p. m., Thursday February 22, at the Glendale Federal Bank so that you can beller I
understand the intensity of our efforts. Thank you."
Mike Lamb, President, Arcadia School Board, stated, in part, that he is present to
encourage Council's support of Proposition 203 on the March 26, 1996 ballot. This is
the school bond initiative. One of most significant problems for public education at all
levels is the lack of resources for school construction, restoration and earthquake
retrofitting. Proposition 203 is a three billion dollar bond measure which helps address
the needs of California K . 12 schools, community colleges and public universities.
This three billion dollar State-wide school bond will be on the March 26, 1996 ballot,
and its passage will provide over $13.5 million dollars in funding for our modernization
program in the Arcadia schools. In April of 1993, the citizens of Arcadia approved a
local general obligation bond of $28 million dollars for the school modernization
program. When the District asked the community to approve that local bond to renovate
its facilities, it was with the knowledge that Arcadia would qualify to receive over $13
million dollars from the State's matching school modernization program. However, the
State has been unable to pay its share of the costs, and if this State bond issue passes in
March, the local bond effort in Arcadia would finalIy receive the money from the State.
Mall Fong has indicated that the State can now afford this. As the District has
proceeded through the modernization process during the past two years, $23 million
dolIars of local bond funds have been used; leaving $5 million unused. The passage of
the March Statewide bond would allow the District to complete the modernization
work, including the high school, and forego issuing the final $5 million dollars from the
local bond issue, thus keeping that assessment olf Arcadia's tax bills. This money is
owed to Arcadia. On March 26, voters will have the opportunity to decide whether or
not to accept this money. It is a win/win situation for California. He encourages voters I
to vote for this measure for the future of our children, for earthquake safety schools,
access to computers and modem technology, smaller classes and over 86,000 new jobs -
6 2120/96
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06 ~()_O~L
rHP
5.
ULRICH
(Chinese
New Year
Celebration
YOUNG
(Chinese
New Year)
CHANG
(Chinese
New Year)
(City Maint.
Serv.Dept.
Excellent
Work)
(Youth Service
Task Force)
(Second
Citizens
Meeting
2/25/96)
. ,"
"'. ~ 'i 'i';
" L~
~. ' '. . .
. ., . ~ 1', ~ "
38:0043
a1t without raising taxes. He is present this evening on behalf of the School Board
Members to encourage public suppon 10 vote on this very important issue,
Councilmember Ulrich noted that this malter is on the Consent Calendar for tonight's
meeting.
Margaret Pannas, Owner and Merchant, Back on the Rack. 118 South First Avenue,
and Gregorv Zuzow. Zuzow Photography, 117 Soulh First Avenue, slated. in pan,
that lhey are presenting a petition signed by lwenty-six local merchants: "We, the
merchants, would like the cobra lights replaced (on First Avenue) with the same antique
lighting system already installed. The cobra lights are distracting, unattractive, over-
powering, and do not lend to the atmosphere we are Uying 10 create" The City Clerk
received the petition on behalf of the Council.
MATIERS FROM ELECTED OFFICIALS
Councilmember Ulrich stated that he and his wife, together with Mayor Pro tern Kuhn
and her husband, attended the Chinese New Year celebration sponsored by the Chinese
Parents Boosters' Club of Arcadia High School, Foothills Middle School, Dana Middle
School and First Avenue Middle School. This was a fine event, the students who
participated in the program did an outstanding job, and it was well wonh the time to
honor the Chinese New Year. He wished his Chinese friends a Happy New Year.
Councilmember Young also wished her Chinese friends a Happy New Year. She
attended a Chinese New Year celebration sponsored by the Arcadia Chinese Association
at the Intercontinental Hotel in Los Angeles.
Councilmember Chang also wished his Chinese friends and the television audience a
Happy New Year. This is the year 4964, the Year of the Rat. which indicates prosperity
and health.
Councilmember Chang received several calls the past few days with requests for
maintenance work on houses. When he called the City, the response was prompt. He
takes this opponunity to compliment the Maintenance Service Department for their
excellent work.
Councilmember Chang noted that he has the Youth Service Task Force list of about
twenty persons. He noted persons from different fields, but did not see a person by the
title of "Educator". He feels it to be important to include "Educator" on the Task Force
list.
Councilmember Chang announced that there wit! be a second Citizens Meeting this
Sunday, February 25, 1996 at 1:00 p. m. at the Buffet Club (now Mandarin Shanghai
Restaurant No.2) located at 558 West Las Tunas Drive, Arcadia During the first
Citizens Meeting last month there was a lot of discussion, exchange of ideas and
comments. One question raised was that of regulation conceming house numbers
painted at the curb. There is such a regulation, so if people wish to paint house
numbers at the curb, they may call City Hall for further information.
(CorrespondenceCouncilmember Chang noted that he had received a copy of the letter from the City
with Mr. Manager to Mr. Frank Goddard. He noted that the second paragraph indicated that.
Frank "the City Council has articulated a desire to not accept your offer at this time".
Goddard - Councilmember Chang does not agree with that because, from the available documents,
Initiative 7 2/20/96
Process)
CHANG
(L. A.
Marketing
Partnership)
(American
Lung Assoc.
Campaign)
0<-160 .10
NSF
38:0049
it does not indicate that City Council has any desire to not accepl Mr.Goddard's olTer at I
this time. He feels that the matter should be placed on a Council meeting agenda for a
fonnal discussion. He asked the Councilmembers if they agreed. Counc,lmember
Young thought that Council had discussed this question previously. and agreed that
the group should go ahead with obtaining the necessary signatures, and then Counc,l
would proceed with the discussions, Councilmember Chang said this is a different
aspect of the matter. It had been decided to await the report on the effect of the
initiative until the necessary signatures were obtained. Council has not had a discussion
about the decision making process in terms of whether Council will make the decision,
or give the power to the citizens of Arcadia. Councilmember Chang said that Council
should have an open discussion on this matter. He urged that the Council place this
matter on the agenda for an upcoming meeting to decide whether or not Council wishes
to place this matter in the hands of the voters. Mayor Pro tern Kuhn said she thought
Council had decided to wait until the EIR reports and all the other facts are available
before the matter would be placed on the agenda for open discussion, and, in the
meantime, let the initiative process take its course. Council member Chang responded
this is a decision about how Council will decide these questions. The City Attorney
inteljected that this is becoming a discussion of an issue that is not on the agenda. The
Council has articulated a position in the past which was reflected in a letter to Dr.
Ellison, and the City Manager directed a similar letter to Mr. Goddard setting forth the
Council policy. The issue now is whether or not Council wishes to place this matter on
a future agenda. Council is now getting into a discussion of a substantive issue, and this
raises concerns because of the Brown Act. Councilmember Chang reiterated that if
Council discusses the matter and decides 10 put the question in the hands of the voters
on the November ballot, there will be ample time for Council to receive and review the
ElR and all other pertinent reports. The City Attorney stated this discussion is I
concerning an item that was not on the agenda which means the public has had no
notice of the discussion that is taking place now. He has concerns about this.
Therefore, he recommended that Council either move on or take a vote as to discussion
at a future meeting. Council member Chang then MOVED that Council place this
matter on the agenda for the next Council m~eting. The MOTION DIED for lack of a
second.
It was MOVED by Council member Chang, seconded by Councilmember Ulrich and
CARRIED on roll call vote as follows that the request from the Los Angeles
Marketing Partnership that Council sponsor a matter be placed on the agenda for the
next City Council meeting,
AYES;
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
It was MOVED by Councilmember Chang, seconded by Councilmember Ulrich and
CARRIED on roll call vote as follows that the matter of the American Lung Association
campaign to reduce smoking among children by 50% be placed on the agenda for the
next City Council meeting.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
1
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2/20/96
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KUHN
(Chinese
New Year)
(Police
Officer
McQuarie
Re t iremen t)
(Arc.Beaut.
Cornsn. -
Arbor Day)
(F D Pancake
Breakfast)
(Chamber Comm.
Business Expo)
(Telephone
Directory
Recycling)
O'i:::I.O.~('1
N5P
6.
ROLL CALL
6a.
MINUTE
APPROVAL
(Feb.6.l996)
(APPROVED)
RECESS
, ! . ~.:::' .! '
38:0050
Mayor Pro tern Kuhn announced that. in addition to the Chinese Parents Boosters' Club
New Year celebration, last Saturday she allended the retirement dinner for Police
Officer John McQuarie. Congratulations to Officer McQuarie.
Mayor Pro tern Kuhn announced that on Thursday, March 7, 1996 at 10:00 a, m., in
celebration of Arbor Day, the Arcadia Beautiful Commission will be at Arcadia High
School. They would appreciate Council's attendance and support.
Mayor Pro tern Kuhn announced the annual Firefighters' Pancake Breakfast will be held
Saturday, March 9, 1996 at Fire Station No.2, 8:00 a. m. to 12:00 noon.
Mayor Pro tern Kuhn announced the Chamber of Commerce Business Expo, Saturday
and Sunday. March 9 and 10, 1996 at the Santa Anita Fashion Park Mall.
In response to a question from Mayor Pro tern Kuhn, staff responded that Newco Waste
Company will accept telephone directories for recycling if placed for pickup in the bin
for newspapers. This will be publicized.
CITY COUNCIL RECESSED
MEETING OF TIIE ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Agency Members Chang, Ulrich. Young and Kuhn
Chairman Lojeski
On MOTION by Agency Member Young, seconded by Agency Member Chang
and CARRIED on roll call vote as follows, Chairman Lojeski was EXCUSED.
AYES:
NOES:
ABSENT:
Agency Members Chang, Ulrich, Young and Kuhn
None
Chairman Lojeski
On MOTION by Agency Member Young, seconded by Agency Member Ulrich and
CARRIED on roll call vote as follows, the minutes of the February 6, 1996 adjourned
and regular meetings were APPROVED.
AYES:
NOES:
ABSENT:
Agency Members Chang, Ulrich, Young and Kuhn
None
Chairman Lojeski
At 7:50 p. m. the Arcadia Redevelopment Agency RECESSED and the
CITY COUNCIL RECONVENED
9
2/20/96
7.
7a.
MINUTE
APPROVAL
(Feb.6,1996)
(APPROVED)
7b.
7c.
EQUIP. PURCH.
03 '-/0 _ ~C 2 1/2 TON
DUMP TRUCK
(Maintenance
Services)
7d.
AHS CONSTITU-
O/<;;".;l-l>OTION TEAM
APPROP . FOR
TRAVEL EXP.
7e.
J8:0051
CONSENT ITEMS
APPROVED minutes of the adjourned and regular meetings of February 6, 1996,
Considered separately. (See below.)
AlITHORIZED purchase of a 2 1/2 ton dump truck with insulated bed from E. W,
Truck & Equipment Company in the amount of $46,040.49 for Maintenance SelVices
Department; and AlITHORIZED the City Manager to execute said contract in a fonn
approved by the City Attorney.
APPROPRIATED $500,00 from the General Fund, and APPROVED a contribution of
the same amount to Arcadia High School's 1996 Constitution Team to assist with travel
expenses.
Considered separately. (See below.)
7f.
STREET CLOSING APPROVED closing off of South First Avenue between the alley south of Huntington
06 ~o.. O~Jj) 3/29/96 6:30 Drive and California Street on Friday. March 29,1996 at 6:30 p. m. until Saturday,
p.m. to 3/ 30/96March 30, 1996 at 5:00 p.m. for the Downtown 2000 Grand Reopening Celebration.
5:00 p.m.
(Downtown
2000 Grand
Reopening)
7g.
RESOLUTION
NO. 5905
(ADOPTED)
0110. .1"
ADOPTED Resolution No. 5905: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA SUPPORTING PROPOSmON 203, THE
ST ATE SCHOOL BOND". The state school bond measue will be on the March 26,
1996 state primary ballot
THE ABOVE CONSENT ITEMS 7a" 7c, 7<1, 7f. AND 7g WERE APPROVED ON
MOTION BY COUNCILMEMBER CHANG, SECONDED BY COUNCILMEMBER
YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
10
2/20/96
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7b.
DONATION OF
BRINK'S TRUCK
FOR USE OF
POLICE DEPT.
S.W.A. T. TE&.'1
(ACCEPTED)
OJ '>0 - '('
UI,iO--'{)
7e.
MULTI-CITY
PROCUREMENT
PROCESS FOR
WASTE
COLLECTION
SERVo AGREE-
MENT FOR
CONSULTING
SERVo - R.W.
BECK
(APPROVED)
o ?.:2 0 . (i:J
38:0052
[n response to Council member Ulrich's request, the City Manager reponed that the
Police Depanment maintains a Special Weapons and Tactics Team (S. W,A.T.) for
purposes of high risk incidences, such as barricaded suspects, hostages. etc, In the past
the S. W.A.T. team has not had sufficient annor to protect themselves under cenain
conditions, The Annored Transpon of California has been donating their used vehicles
to law enforcement for the past several years, They m:lde an offer of a donation to the
City of Arcadia of what was formerly a Brink's truck. This truck was analyzed by the
City Services Center and detennined to be drivable and safe, Through the cooperation
of the Maintenance Services Depanment and numerous contractors and vendors in the
City, it has been reconditioned to a functional unit. Much of the work was done in-
house and/or donated to the City, so there was no cost to the citizens, and the City
received a tactical unit which will only be used in special situations. Work was
donated by G & S Towing, Bill's Auto Body of Arcadia, Monrovia Auto Body and
Craigar Designs. It was suggested that letters of appreciation on behalf of the Council
be sent to these companies. The Councilmembers agreed.
It was MOVED by Councilmember Ulrich, seconded by Counci[member Chang and
CARRIED on roll call vote as follows to ACCEPT the donation of the annored rescue
vehicle from Annored Transport Company of California.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
Recommendation to approve an agreement for consulting services with R. W, Beck for a
Multi-City Procurement Process for Solid Waste Collections Services. Mayor Pro tem
Kuhn stated that she had voted against the joint city process for reasons stated
previously. Her opinion has not changed. She is still opposed to the joint process, and
will note "no" on this item Councilmember Chang noted that Newco is suing the City
of Monrovia. [n response to his question, the City Attorney replied that the law suit
could have some effect on the process. He is currently gathering infonnation about this.
However, at this time, it \vill not directly affect this proposed agreement. The City can
back out of the agreement with a seven day notice. The contract with Newco will expire
at the end of June, and Council member Chang inquired if the City could find itself in
the position of having no hauling services at that time because of the law suit. [n
response, the City Manager said tha~ as the City proceeds to negotiate the four cities
procurement process, there will be problems to work out. If staff, including the City
Attorney, have concerns about the direction in which the City is going, they will
immediately communicate such concerns and suggestions to the Council. Staff is
watching this carefully and feels Council can go forward in a positive manner at this
time. Councilmember Ulrich said that since the City seems to be a part of the multi-city
procurement process and well represented by Councilmember Young, Council should
allow the process to go forward.
It was MOVED by Councilmember Ulrich, seconded by Council member Chang and
CARRIED on roll call vote as follows to AUTHORIZE the City Manager to execute the
agreement for consulting services with R. W. Beck for a multi-city procurement process
for solid waste cOllection services, in a form approved by the City Attorney.
AYES:
NOES:
ABSENT:
Council members Chang, Ulrich and Young
Mayor Pro tem Kuhn
Mayor Lojeski
11
2/20/96
8.
Ba.
APPOINTMENT
TO ARC. BEAUT.
COMSN.
(D.Denne)
" / rf) () - I{)
8b.
THEMED INTER-
ACTIVE ENTER-
TAINMENT
FACILITY IN
CPD-l ZONE
(DENIED)
1JS-'i?O_.;)()
38:0053
CITY MANAGER
I
It was MOVED by Council member Chang, seconded by Council member Young and
CARRIED on roll call vote as follows to APPOINT Dorothy Denne to fill the unexpired
term of Joan Cline on the Arcadia Beautiful Commission to June 30, 1999.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor lojeski
Detennination as to whether or not a theme interactive entertainment facility is an
appropriate use in the CPD-I zone. This is an area generally bounded by the 210
Freeway on the north, Fifth Avenue on the east, the railroad tracks to the south, and
Second Avenue to the west. This would be a code amendment with a conditional use
permit requirement. The Council reviewed this mailer at the January 16, 1996
meeting, and referred it back to staff to discuss with the Police Department and the
School District to receive their opinions on the matter. Neither the Police Department
nor the School District expressed any objections. The Planning Commission
recommended approval, subject to an approved conditional use permit. The Council
deliberation this date was focused upon whether or not the suggested use in this location
is considered to be a compatible use with all other uses in the zone. The uses in this
zone are suggested 10 be business and professional office uses, financial institutions, and
very limited retail and service oriented businesses.
I
Councilmember Young said she has real difficulty with this. She could understand a
baseball balling cage operation, a golf Iype operation, but this is an unusual type of
shooting. From that aspect, Councilmember Young does not feel that this use would be
compatible with the area. We are developing a business type area at that location and
should stay with something more suitable for our children. She will vote against this
item. Councilmember Ulrich agreed and noted that, according to an article in today's
Star News, Major Lojeski is not in favor of this project. Councilmember Ulrich is also
opposed to it, and does not feel that it is a compatible use for that zone.
Councilmember Chang suggested that the applicants explain their proposal. He does
not think it is that serious; he does not think it is "shooting". It is family style, high
tech entertainment.
The Councilmembers expressed approval to allow a representative to speak, although
this is not a public hearing.
Kalvin lee. 1049 Oakdale lane, Arcadia, stated, in part, that this business targets ages
eight to thirteen years old. Kids can have a birthday party, etC. This is very much a
family oriented business.
Sune Yun. Anaheim, stated, in part, the Councilmembers are concerned about violence,
but this is a simulated laser beam type game - not shooting. Kids separate into two
teams and tag opponents to gain points by use of the laser beam. The "survival games"
actually physically shoot with paint balls, but this game involves only a simulated laser
beam. This is a franchise business, and there are about one hundred fifty such
businesses throughout the United States, with nine or ten in the State of California
. 12 2/20/96
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9.
9a.
ORDINANCE
NO. 2045
(ADOPTED)
o <;"~O ~ ~ c:-
0" '€'eJ # (')1
9b.
ORDINANCE
NO. 2044
(ADOPTED)
OJ' ~,,),..>0
38:0054
Councilmember Ulrich read one sentence from the packet presented on behalf of this
enterprise: "We never use terms like 'shoot' or 'kill', rather we use descriptions like
'tag', 'Z3p' or 'deactivate'." Councilmember Ulrich S3id such words mean the S3me
thing to him; it is just a matter of terminology. Councilmember Young agreed,
Mayor Pro tern Kuhn commented that. since the current zoning in that area is in place
to encourage business and professional offices uses, financial institutions and very
limited retail and service oriented businesses, she does not feel that entenainment is
compatible with these uses. She will vote against it..
It was MOVED by Councilmember Young, seconded by Councilmember Ulrich
and CARRIED on roll call vote as follows that an Interactive Laser and/or Simulatcd
Laser Tag Game is not a compatible use in the CPD-I zone,
AYES:
NOES:
ABSENT:
Council member Ulrich. Young and Kuhn
Council member Chang
Mayor Lojeski
CITY ATTORNEY
The City Attorney presented and read the title of Ordnance No. 2045: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCAD[A.
CALIFORNIA, AMEND[NG THE ARCAD[A MUN[CIPAL CODE BY ADDING A
DIVISION 10 TO PART 6, CHAPTER 2, OF ART[CLE IX PERTAJNING TO
INCIDENTAL OUDOOR DlN[NG AREAS IN CONJUNCT[ON W[TH PRIMARY
RESTAURANT OR EATING ESTABLISHMENT USES ON PRIVATELY OWNED
COMMERC[AL OR INDUSTRIAL ZONED PROPERT[ES".
[t was MOVED by Councilmember Young, seconded by Councilmember Ulrich and
CARRIED on roll call vote as follows that Ordinance No. 2045 be and it is hereby
ADOPTED.
AYES:
NOES:
ABSENT:
Council members Chang, Ulrich. Young and Kuhn
None
Mayor Lojeski
The City Attorney presented and read the title of Ordinance No. 2044: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMEND[NG 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"
Councilmember Chang referred to Section 5130.4 - Penalties for Non-Compliance:
.....direct the imposition of civil penalties and fines pursuant to a duly promulgated
ordinance to implement the provision of this Part 3 of the Code", and inquired what the
amount of such penalties and fines would be. The City Attorney replied that it has not
been determined what an appropriate penalty would be. An ordinance addressing this
issue will be before Council at a future time. The amount of the penalty has to be
reasonably related to accomplishing the desired purpose; it can not be exorbitant, but has
13 2120/96
10.
lOa.
CLOSED
SESSION
011() - '-10
"';.F
ADJOURNMENT
(Feb.29,1996
5:30 p.m.)
ATTEST:
:"".
38:0055
to be enough to ensure compliance. A repon will be fonhcoming. Coucilmember I
Chang expressed concern thaI if the City's diversion rale goals for the years 1997-2000
are not met, the City could face fines of up to SlO,OOO/day. The City Attorney
responded that there have been some changes in the St:lte law mitigating the possibility
of such an occurrence. However, in the unlikely evenl fines were to be imposcd, the
people responsible for compliance as sel fonh in this ordinance. would be responsible for
funding any fines. That matter will be covered in the proposed civil penalty ordinance,
It was MOVED by Councilmember Ulrich, seconded by Council member Young and
CARRIED on roll call VOle as follows thaI Ordinance No. 20H be and it is hereby
ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chang, Ulrich, Young and Kuhn
None
Mayor Lojeski
CLOSED SESSION
Al 8: 18 p. m. the City Council RECESSED and Ihe Arcadia Redevelopmenl Agency
RECONVENED and immediately ENTERED a CLOSED SESSION "pursuanl to
Government Code Section 54956.8 to confer with City negotiators William Kelly and
Peter Kinnahan regarding potenlial disposition of real propel1y via negotiations with
Emkay Developmenl Company (R Smith) and Gateway Associates (L. Mielke)
applicable to 401-499 E. Santa Clara Street, Arcadia".
I
At the conclusion of the Agency Closed Session the City Council RECONVENED and
al 8:30 p. m. the City Council and the Redevelopment Agency ADJOURNED to
Thursday, February 29, 1996 at 5:30 p. m. in the Conference Room of the City Hall
Council Chambers for an Adjourned Regular Meeting for a budget review, Mounted
Police Building review, and to conduct the business of the City Council and the Arcadia
Redevelopment Agency, and any Closed Session necessary to discuss personnel,
litigation matters and evaluation of propenies.
ft- ^' .,JJ ~~
J D: Alford, C . Clerk
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14
2/20/96