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HomeMy WebLinkAboutFEBRUARY 20,1996 I I I ':;110- :0 0.:'-'0 '1 ~ 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 I I I I 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 \ '; l' I ~; . j ; ; 1 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. I 4 2/20/96 , ' I I I 4, on,. 5'8' N~P .1 f 1,1 ~ I '~I, I' "., 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 I I I 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 8 2/20/96 I I I 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 I I I , ' I I I 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 I I I I 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 I 14 2/20/96