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HomeMy WebLinkAboutMARCH 19,1996 I I I 0110. ~ v tN 1/ '11 38:0072 II C( CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OmCE OF THE CITY CLERK INVOCATION PLEDGE OF AlLEGIANCE ROLL CALL 1. la. ARCADIA POLICE SGT. GOODMAN OFFICERS ORTIZ & WILLIAMS MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MARCH 19, 1996 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:00 p. m., Tuesday, March 19, 1996 in the Arcadia City Council Chamber. Rev. Paul Clark, The Santa Anita Church City Manager William Kelly PRESENT: ABSENT: Council members Chang, Kuhn, Ulrich, Young and Lojeski None PRESENT A nONS Pursuant to request from Mayor Lojeski, Arcadia Police Chief Gamer commented that it is his pleasure to recognize excellent police work accomplished by three Arcadia Police Officers - Sergeant Larry Goodman, Officer Brian Ortiz and Officer Robert Williams. Chief Gamer described a barricade hostage situation with an armed and dangerous suspect. The three Officers were assisting the Sierra Madre Police in an attempt to resolve this situation. These officers succeeded in rescuing the hostages under constant threat of being fired upon by a mentally disturbed suspect. They knew they were risking their lives beyond the normal caIl of duty. Chief Gamer further stated, "On behalf of the Arcadia Police Department in recognition of your selfless acts undertaken at significant personal risk by exposing yourself to possible hostile fire, and to save two potential hostages from hann. it is my pleasure to present to each of you the Arcadia Police Department Medal of Distinction" Sierra Madre Police Chief Surgent presented the Sierra Madre Police Department's Meritorious Service Award, Silver to Sergeant Larry Goodman, Officer Brian Ortiz and Officer Robert Williams, with the citation, "The Meritorious Service A ward, Silver is presented to this Officer for an outstanding act in the line of duty performed at great personal hazard with full knowledge of the risk involved with the intent of rescuing hostages from an armed suspect while serving as a Police Officer for the City of Arcadia on December 3, 1995. Your initiative and courageous action are in keeping with the highest traditions of the Sierra Madre Police Department and law enforcement in general." On behalf of the City of Arcadia. the Mayor's Certificate of Commendation was presented to the three Officers by Mayor Lojeski. 3/19/96 lb. 1996 ARCADIA BASEBAlL LEAGUE PRESIDENTS 2. ORD. " RES. READ BY TITLE ONLY 3. 3a. PUBLIC HEARING ZONE CMANGE Z-96-00l (NW Corner Htg.Dr. " Second Ave.) (APPROVED) o r:i () .. 1 () 06 80- C '16 380073 Mayor Lojeski staled thaI he is pleased 10 honor the Arcadia Youth Baseball Program. There are well over inlo the thousands of young men and women playing in the various leagues in this program. The Mayor introduced the Presidents of the varioUs leagues: Mickey Segel, President, Coast Little League; Maria Brown, President, National Little League; Susan Pannoni, President, Santa Anita Liltle League; Ed Miller, Jr., President, West Arcadia Little League; Paul Possemato, President, American Legion Baseball; Doug McMasters, President, Senior Babe Ruth; (nol present) Fred Perilore, President, Stan Musial League, and presenled each with a Mayor's Cenificale of Commendation. I SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - REPORTS/ANNOUNCEMENTS/STATEMENTS None II was MOVED by Councilmember Young, seconded by CounciImember Ulrich and '{;ARRIED on roll call VOle as follows thaI ordinances and resolutions be read by title only and that the reading in full be WAIVED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None PUBLIC HEARINGS Consideration of Proposed Zone Change Z-96.oo I, 10 rezone the property al the northwest comer of Huntington Drive and Second Avenue from M-I & D (planned Industrial with a design overlay) to C-2 (General Commercial). The Planning Commission al its February 27, 1996 meeting voled 7 10 0 to recommend approval of this zone change. The four acre site is zoned M-l manufacturing and is currently used as the construction yard for the Downlown 2000 project On February 20, 1996 the City Council approved a General Plan Change from "Industrial" 10 "Commercial" for the property. Because of its size and location, the property has been primarily markeled for commercial and multiple-family housing even though the zoning and the general plan designation have been industrial. Recently, inlerest has been expressed in developing the sile with a hotel. In order 10 allow a hOlel or any other commercial use on the site, the zoning must be changed. The proposed C-2 designation allows the most flexibility in the types of uses pennitted both with and without a conditional use pennit Pursuant 10 the provisions of the. California Environmental Quality Act, a Negative Declaration has been prepared for this zone change. I Mayor Lojeski declared the public hearing to be OPEN. . No one desiring 10 be heard, the public hearing was CLOSED on MOTION by Councilmember Young, seconded by Council member Chang and CARRIED. II was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vole as follows 10 APPROVE Zone Change Z-96.oo I; and DIRECf staff 10 prepare the appropriale ordinance for adoption at a laler meeting. AYES: NOES: ABSENT: Councilmembers Chang, Ulrich, Young and Lojeski None None I 2 3119/96 I I I 3b. PUBLIC HEARING TEXT. AMEND. 96-001 (Central Business District Zone) (APPROVED) OS-fO - 4.,- 0(" <Ie J;~ 38:0074 ABSTAIN: Mayor Pro tern Kuhn (because of ruling from FPPC re conflict of interest) Consideration of Text Amendment 96.{)()I, adding a new division to the zoning ordinance establishing specific regulations for a Central Business District zone and adopting design and sign guidelines for the Central Business District. Text Amendment 96'{)() I was initiated by the City. The Planning Commission at its February 27, 1996 meeting voted S - I with one member abstaining, to recommend to the City Council approval of this Text Amendment with the following modifications: 1) allowing consignment clothing stores as a permitted use; 2) requiring a conditional use permit for any use exceeding 10,000 sq. ft. or for buildings in exceSS of three stories; and 3) extending the CBD boundary to Morlan Place. Both the Text Amendment and the related zone change (Z-96'{)()2) are part of the second phase of the Downtown 2000 program approved by the City Council. The CBD zone will affect properties located in the City's redevelopment area and commonly referred to as the "downtown". In 1994 when the City adopted the Downtown 2000 program, one of the tasks was to review the City's existing C-2 regulations and determine how they could be enhanced to assist in the revitalization of the downtown area Because this was a major undertaking, the City contracted with Urban Design Studios, a consulting finn which specializes in downtown revitalization 10 assist the City in developing the regulations under consideration this date. The proposed guidelines have been presented to the Arcadia Business Association and the Chamber of Commerce. Their comments have been incorporated into the new regulations. The primary goal of the new regulations. along with Downtown 2000 and other programs, is to restore the historic center of downtown Arcadia as the social and symbolic heart of the City; to enhance the overall identity of the City by eliminating highly visible physical and business deterioration of the City's center; to establish an economic base in the downtown area that promotes renewed and continued reinvestment; to establish Huntington Drive as the central eastlwest corridor in the City; and to establish First Avenue as the central north/south corridor in the downtown area. and to enhance the business environment in this corridor by creating a pedestrian oriented environment that will encourage increased economic activity; to implement the City's long tenn vision for enhanced quality of life by recognizing policies and programs that support a business oriented environment; to encourage substantial business retention and new investment in the core of the City's historic downtown. The proposed text amendment and design guidelines are intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Some of the major changes to this include: I) Restricting automobile parking garages along Huntington Drive unless the ground floor adjacent to the street is constrncted to accommodate commercial uses. 2) Requiring retail square footage on the ground floor of the street facades in areas that have frontage along Huntington Drive and First Avenue. The code does provide for exceptions where a structure has been specifically designed, constructed and maintained to service office type uses, and where limited pedestrian access to the structure would nOl serve retail type uses. 3) Modifications are proposed in the uses permitted. ARA Resolution 172, which was adopted in 1993, identified certain uses that are generally permitted in the C-2 zone, which the Redevelopment Agency determined were inappropriate uses in the downtown area. These uses have been deleted from the list of "permitted" retail uses. Financial institutions are permitted in the CBD zone, as well as professional office and service business establishments. However, business and professional offices, as well as 3 3/19/96 38:0075 business services, are not permitted on the ground floor area along Huntington Drive or First Avenue, except as provided in the Code. 4) The ordinance also defines what uses are subject to conditional use permits. 5) No existing parcels may be subdivided which create less than 10,000 square feet. 6) The maximum building height wiU continue to be three (3) stories with a maximum height of 40 feet unless the property has a special high rise overlay. The new regulations, however, do allow additional height bonuses of up to six stories with a maximum height of 65 feet through the CUP process. 1} Development standards have been modified primarily in the fonn of reduced on-site parking requirements; encouragemem of shared parking and definition of standards for shared parking. 8) Establishing a maximum front yard setback of 10' and eliminating side yard and rear yard setbacks where adjacent to residential property. 9) Establishing a minimum storefrom width of 25'. 10) Modification to sign use and design standards have been incorporated into the new CaD zone. The primary differences in the new regulations are that they do allow temporary and portable signs, as well as projecting signs at the rear of buildings. II) Outdoor display/sale of merchandise in conjunction with antique shops and flower shops located along Huntington Drive and First Avenue will also be permitted. However all other outdoor displays would require a conditional use permit. 12) Procedures for design and architectural review within the CaD zone have been modified compared to existing procedures for the subject properties. New design guidelines will be adopted by resolution and implemented through the City's currem "Architectural Design Review" process. The guidelines have been designed to be flexible because not all "principles" may be appropriate for each project. As written, a guideline may be waived or modified by the Development Services Director, if it accomplishes another guideline of equal or greater importance. The guidelines have been organized into three distinct sections which are for Infill Design Guidelines; Facade Rehabilitation Guidelines and Sign Design Guidelines. Pursuant to the provisions of the California Environmental Quality Act, a Negative Declaration has been prepared. In response to questions from Councilmember Chang, staff responded that financial institutions would be allowed on ground floors. Not permitted are professional and business offices and business service type activities on Huntington Drive and First Avenue. Staff explained that "infill" is a building that is taking the place of another building tom down and between two existing buildings. Staff also explained the minimum parking ratios for restaurants based upon 5 parking spaces for restaurants over 1,000 square feet of gross usable area. In response to questions from Councilmember Ulrich regarding restrictions on real estate, insurance offices, etc., staff responded that the pwpose of the zoning is to encourage retail walking and visual interest activity in the downtown area. Such offices will not be permitted in the front of the buildings on Huntington Drive and First Avenue. . They will be permitted in the back portion of these buildings or on the second floor. The City Manager commented that the primary focus of revitalization is the downtown, with First Avenue being redesigned to angle parking each way, it is to be a pedestrianized area connoting a lot of tIaflic, movement, shops and retail that is the emphasis. Huntington Drive will always be a four-lane highway with the emphasis on service-type uses. Councilmember Ulrich noted that he would like to see the conditional use permit available for office use. Councilmember Chang pointed out that office use is permitted on the second floor. Also banking institutions would be closer to retail type of usage; while real estate offices would be closer to the professional businesses. Council member Young felt that real estate office could be on the ground floor at the front because they have a lot of coming and going trade. Mayor Lojeski declared the public hearing to be OPEN. 4 3/19/96 I I I "I !'.oj ,j' ,'l ; ': 38:0076 I Gavle Theilacker. la-TEA~ 21 East Huntington Drive, stated, in part. that she suggests that before decisions are made that Council contact the City of Monrovia because that City has dealt with the problems of limiting certain businesses in the Old Town area to retail. She does not own the property so she would prefer to see retail. but this policy might be hannful to landowners trying to rent their propenies. Monroiva had problems with a lot ofvacancies because of their limitations. Empty buildings do not help the retail businesses. People visiting professional offices might also stop by the retail businesses. Garland Robertson. Sullivan's Paint, 134 East Huntington Drive, stated, in part, that his is one of the few retail stores on Huntington Drive. From the railroad trestle to the freeway in Monrovia and from the railroad trestle down to Duarte Road there is a lot of retail. There is a lot on the other side of the race track. The area under discussion tonight is just a few blocks. Eventually the overflow retail will come and there will be traffic. If the area fills up with office space uses and a retail use wants to come in, there will be no room for it A lot of money has been spent on the downtown revitalization; there is to reason to be scared before it is opened up. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ulrich, seconded by Councilmember Young and CARRIED. I Council member Young does not want to be too restrictive; however she does not want to see offices where people come to work at 8:00 a. m. and leave at 5:00 p.m. because more coming and going traffic is wanted. She thinks real estate offices and travel agencies would be desirable. Council member Chang does not agree that real estate offices create a lot of traffic, and does not think such offices should be permitted on the ground floor. Doctor and la"}'er offices will create some retail traffic, but unless it is an entire professional building, not a lot He has no objections to professional offices on the second floor. In response to a question from Mayor Lojeski, staff responded that there is a clause that gives Council the ability to review and approve requests for other uses. However, the list of uses has been designed in such a way to encourage pedestrians to continue walking, such as providing store fronts, rather than blank walls. Offices have been discouraged on the ground floor because offices do not tend to create pedestrian traffic. Any present non-<:onforming use can continue as long as it is not vacated for more than ninety days, and property ownm may file for extensions. Also, permission may be granted for an office use with an appropriate conditional use permit It was MOVED by Councilmember Chang, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE Text Amendment 96-001 adding a new division to the zoning ordinance establishing specific regulations for a Central Business District zone, and adopting design guidelines for the Central Business District; and DlREcr staff to prepare the appropriate ordinance for adoption at a later meeting. In response to a question from Council member Ulrich, staff responded that property owners and tenants in the affected area have been notified of this public hearing. AYES: NOES: ABSENT: ABSTAIN: Councilmembers Chang, Ulrich, Young and Lojeski None None Mayor Pro tern Kuhn (because of ruling from FPPC re conflict of interest) I 5 3/19/96 3c. PUBLIC HEARING ZONE CHANGE 2-95-002 (Commercial Business District) (APPROVED) O~\?O .'70 O~d() ., .:J.,,- 3d. PUBLIC HEARING ARCADIA URBAN WATER MANAGEMENT PLAN (APPROVED) P) ~r /(\ - 0,3 38:0077 Report and recommendation to approve 2-96-002, a proposed zone change for the downtown area from C-2 & D, C-2 DH4 and C-2 D48 (General Commercial with a design and high rise overlay) to CBD, CBD H4 and CBD H8 (Commercial Business District with a high rise overlay). This zone change is related to agenda item 3b. and amends the current C-2 & D general commercial zoning in downtown to a CBD district zone. The existing high rise overlays on the Town Centre property and the properties on First A venue between the alley north of Huntington Drive and Santa Clara Street will remain. The Planning Commission at its February 27, 1996 meeting voted 6 - 0 with one member abstaining to recommend to the City Council approval of the proposed zone change, with the condition that the westerly boundary be extended to Morlan Place. The subject properties are located in the City's redevelopment area. Both zone change and related text amendment are part of the City's revitalization strategy, and second phase of the Downtown 2000 Program which was approved by the Council. Several of the properties within the downtown area currently have high rise overlays, ranging from four stories to eight stories. The zone change will not affect the high rise status of those properties. Pursuant to the provisions of the California Environmental Quality Act, a Negative Declaration has been prepared. I In response to a question from Councilmember Ulrich, staff responded that because of the size of the Foulger Ford property, it was not included in the zone change because the CBD zoning has been basically designed for smaller type of commercial uses. It was felt that the new zoning would to be very restrictive to the marketing of the Foulger property. There are a lot of different types of uses that would be prohibited based upon the CBD zoning just adopted. Present zoning on the FouIger site is C-2, which would allow more options for retail uses. Mayor Lojeski declared the public hearing to be OPEN. I No one desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Young, seconded by Councilmember Ulrich and CARRIED. It was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE zone change 2-96..002, rezoning the downtown area from C-2 & 0, C-2 DH4 and C-2 DH8 (General Commercial with a design and high rise overlay) to CBD, CBD H4 and CBD H8 (Commercial Business District with a high rise overlay); and DIRECT staff to prepare the appropriate ordinance for adoption at a later meeting. AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Ulrich, Young and Lojeski None None Mayor Pro tern Kuhn (because of ruling from FPPC reo conflict of interest) Consideration of recommendation to adopt the City of Artadia's Urban Water Management Plan. The Urban Water Management Planning Act was passed by the California legislature in 1983. This Act requires that all water suppliers submit a Water Management Plan to the State Department of Water Resources, and also requires that it be updated once every five years. This is the third update for the City of Artadia. The purpose of the plan is to promote water conservation and efficient use of water. It also demonstrates to the Department of Water Resoun:es that we are properly managing our water resources, and that we are not facing any major problems now or in the future. The City has not experienced any supply deficiency during the past twenty years, even 6 I 3/19/96 I I I 4. 5. ULRICH (Firefighters' Pancake Breakfast) (Council Candidate Forum Mar.20,1996 7:00 p.m.) IO.dO- .--1.(' N~f 38:0078 during the drought This has been accomplished because of Council's actions and implementation of sound water conservation practices. Water use has declined significantly through these water conservation measures and consumption remains low on a volunlJll'y basis. The plan addresses general infonnation about the City, its size, customers, number of service connections, historical use of water, water conservation measures previously enacted by Council, current water conservation effons and alternative conservation effons that mayor may not be implemented. The Plan also incorporates the Urban Water Shortage Contingency Plan adopted by Council in 1992. Arcadia has an abundant ground water supply, and properly managed, this basin provides the City with the assurance that deficiencies will not be experienced. Mayor Lojeski declared the public hearing to be OPEN. No one desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Young, seconded by Mayor Pro tern Kuhn and CARRIED. It was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vote as follows to ADOPT the City of Arcadia's updated Urban Water Management Plan. and DIRECT staff to submit it to the State Depanment of Water Resources. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn. Ulrich, Young and Lojeski None None AUDIENCE PARTICIPATION David Leberim!. 334 West Seventh Street, Claremont, stated, in part, that he is to be a Democratic candidate for Congress in the twenty~ighth district this Fall. It had been suggested to him that he should attend this meeting to introduce himself to the community. He has lived in this valley all of his life. He decided to become a candidate because he is concerned about a number of issues facing the countIy and this district - jobs, economy, health, environment, education and the fact that our present representation is not up to speed on any of these items. The present incumbent has an extreme voting record, which he has managed to conceal and disguise for a number of years. However, now he is in a position of power and influence. and that record needs to be discussed. Mr. Lebering will campaign door to door. He hopes to encourage the present incumbent to debate the issues that we face in this district. He hopes to get to know Arcadia and to meet many of the residents. MATIERS FROM ELECTED OFFICIALS Councilmember Ulrich stated that he had attended the Firefighters' Pancake Breakfast last Saturday. He commended the Firefighters for a successful community event. He also congratulated the three Police Officers who were honored this evening. It proves that Arcadia has a fine Police Department of which we can all be proud. Council member Ulrich announced a Council candidate forum sponsored by the Firefighters' Association at 7:00 p.m., Wednesday, March 20, 1996 at the Community Center. He admonished the candidates to stick to the issues and to present them 7 3/19/96 ULRICH (Downtown 2000 Landscaping) (St. Patrick's Day) YOUNG (Rec.Comsn. Refurbish Wilderness Park, Bicentennial Park & Tripolis Park) (Trash Contract Mtg.) (Personal Inventory Forms) CHANG (Congratulated Police Officers) (Citizens' Meeting Mar.24,1996 1:00 p.m.) (Extension of Library Hours to Sundays) (City Financial Policy) 38:0079 truthfully. He has received campaign liternture which stretched the truth. He urged the candidates to engage in honest campaigning and to keep to the issues. Council member Ulrich commented that the had met with the landscape architect and reviewed the Downtown 2000 planning guide. He was amazed at the amount of planting that is going to take place to make a beautiful avenue that we can all be proud about. Councilmember Ulrich wished his Irish friends. a Happy St. Patrick's Day. Councilmember Young reported that the Recreation Commission agreed to refwbish three parks - Wilderness Park, Bicentennia1 Park and Tripolis. They have designs for all the parks in the City, and the refwbishing process will progress as money becomes available. Also. the Recreation Department has Spring activities planned for Easter vacation week and the schedule is available. Councilmember Young reported that she attended a meeting for the new multi-city trash contract as Council's representative. The members of this group are meeting so that they will be aiming in the same direction and for the same things. Council member Young requested that the personal inventory forms be completed and returned. Councilmember Chang congratulated Police Sergeant Larry Goodman and Police Officers Brian Ortiz and Robert Williams for their extraordinary acts and accomplishments. He is proud of them and of the Arcadia Police Department. Counci\member Chang announced his third Citizens' Meeting to be held Sunday, March 24 at 1:00 p. m. at Mandarin Shanghai restaurant, SSg West Las Tunas Drive, Arcadia. Response to these meetings has been good. Councilmember Chang commented that some of the students and parents would like to have the Library hours extended to Sunday afternoons. He would like to have this matter placed on a future Council agenda. This was agreed to by Councilmembers Ulrich and Young. The first meeting in May was suggested. Councilmember Chang commented that a City financial policy was adopted in September 199's. He quoted Policy No.2: "It shall be the goal of the City to present for adoption each year a balanced opernting budget for all governmental funds whereby total revenues will equal or exceed the total opernting expenditures. In addition, it shall be a 8 3119/96 I I I I I I CHANG (Opposed AB 2569) KUHN ("Small Book Of Big Issues for Arcadia Parents") (Showcasing Arcadia High) (Emergency Management Work Shop) (Sr.Cit. Comso. - Request for Amendment to Paramedic Subscription Program) LOJESKl (Report on First Ave. Property) (Downtown 2000 Comments) ", 38:0080 City goal to maintain an Undesignated Fund balance in the GeneIlll Fund equivalent 10 20010 of the annual appropriation". He believes that this indicates that balancing the budget shall not mean using reserve funds. Council learned that the City has a S600.000 deficit in the GeneIlll Fund for FY 1995-96. Councilmember Chang feels that the City should follow the policy just mentioned. Councilmember Chang opposed Assembly Bill 2569 by Mr. Bob Margen. This bill would limit the use of eminent domain to make most local redevelopment virtually ineffective. A similar bill, SB-1266, was considered last year in the Senate Judicial Committee and was defeated. Mayor Pro tern Kuhn commented that Councilmembers each received the Small Book of Big Issues for Arcadia Parents. She was impressed by the quality and substance of the material. It was funded by the Arcadia Education Foundation. Arcadia PTA's and the Arcadia School District. It shows the love and caring that those parents feel for the youth'in our community by dealing with major issues which they face. It proves that the community is willing to admit that there are problems to be addressed. and are willing to share in a search for solutions. Mayor Pro tem Kuhn stated that last Thursday there was an activity called Showcasing Arcadia High, which was another example of community energy and vitality applied to the youth. PT A honorary service awards for commendable conUibutions during the year were presented to Barry and BaIbara Kovacic, Lee Searing and Kay Sing. Mayor Pro tem Kuhn reported that last Friday she and Arcadia Fire Chief Gardner attended an Emergency Management Work Shop for City Managers and Councilmembers. Fire Captain Ken Marston is a board member of our Regional Emergency area zone. Our City professionals are very well organized and prepared to handle any emergency. This work shop defined the roles of City elected officials during, before and after major emergencies. Mayor Pro tem Kuhn recommends attendance at the next such work shop by the entire Council. Mayor Pro tern Kuhn commented that the Senior Citizens Commission discussed the parameters of the Voluntary Paramedic Subscription Program. The question of obtaining coverage for guests at the subscriber's residence for a modest additional fee was raised. A report on the total Paramedic Program is being prepared for the City Council. Evaluation of the Subscription Program will be included. Upon request of the Senior Citizens Commission. she requested that consideration be given to expand the Voluntary Ambulance Subscription Program to include in its coverage services rendered to guests at the home of a subscribing member. Mayor Pro tem Kuhn requested that this matter be placed on the agenda for a future Council meeting. The Council members agreed. Mayor LojCski requested a status report on the property directly north of the Baldwin Realty office on First Avenue. Construction was started years ago. and has not been completed. It has become a debris pit and is an eyesore. Mayor Lojeski commented on the Downtown 2000 Program in an attempt to clear up some confusion about the cost of the Streetscape on Huntington Drive and First Avenue. "The project was originally budgeted in May of 1995 at $6.32 million dollars of which S3.07 million dollars was for City required infrastructure improvements. These 9 3/19/96 LOJESKI (Comments Regarding Refuse and Recycling Contract) 38:0081 improvements included water mains, water laterals, storm drain system, resurfacing of I Huntington Drive and cwbs, gutters and sidewalks. The cost of the correction work due to the problems we experienced with the Sully-Miller Company was approximately $1.6 to $1. 72 million dollars. We are, as a City, preparing a cross complaint. and will be filing a law suit against the Sully-Miller Company for alleged bn:ach of contract in hope of recovering all of the money we were forced to spend to complete the job because of their breach of contract. The new estimated total of the Streetscape, therefore, is approximately just over $8 million dollars. That is the $1.6 million dollars added to the $6.32 million dollars. And I hope that clears up a little bit of the misconceptions that are out there. Also, this project was funded with redevelopment monies which are restricted, gas tax monies which are restricted, water fund dollars which are restricted, and., of course, a generous contribution by our counterpartS at the County of Los Angeles, who came into the storm drain process. Again, this is not going to be shown as any assessment or any additional tax to any resident in the City of Arcadia. Again, I hope this clears up some misconceptions" "Recently the Newco Waste System distributed flyers to the residents making some accusations and false statements. At this time I would like to clarify what is and what is not being done regarding residential refuse service in the City. In the interest of good government and good business, the City of Arcadia always seeks to provide the highest level of service at the lowest possible cost. Refuse collection and disposition or disposal is no exception. It is for this reason that the City is pursuing a competitive proposal process for residential refuse and recycling services. Since the City entered into the original contract with Newco in 1988, the refuse collection business bas seen tremendous changes in technology and , of course, in legislation. Our present agreement with Newco does not deal with many new issues which have come into play since the beginning of the contract. Because of the importance of refuse and recycling services to the community, and the need to assure compliance with Slate recycling laws, it is crucial that we make sure that Arcadia receives the best possible service now and well into the twenty-first century. In preparation of the expiration of Newco's contract, the City Council explored several alternatives on how to go about selecting a residential refuse company. After careful consideration of the options, the Council chose to proceed with a multi-<:ity competitive proposal process which means that we are joining together with three other cities to bid our work to interested parties. All four cities currently have contracts with Newco, and it was the intent to see Newco enter into that bidding process. The process is structured so that each city can utilize the proposals to either negotiate on their own and enter into an individual agreement or take part into a combined contract. Competitive proposals are virtuaIly the same mechanism by which the City bids other work such as tree trimming, banking services, office supplies, vehicles, etc. It is the most responsible judicious way to spend public money. Newco bas not been excluded from servicing the City. Not only have they been asked to participate in the competitive proposal process, they have actuaIly been very encouraged to do so. To accommodate Newco, the City bas even revised cenain aspects of the process, and also gave them additional time to submit a proposal. The competitive process is a true means of testing the marlc:etplace for the very important services of refuse collection and recycling and disposal. It is for your benefit that we have used this method of comparison shopping to procure municipal services. Again, I hope thaI clears up some misconceptions that may be flying around the City. " I I (5 treetscape On behalf of the City Council, Mayor Lojeslci invited everyone to attend the dedication Dedication ceremony for the Streetscape component of the Downtown 2000 Project on Saturday, Ceremony) Marcb 30, 9:00 a. m. on First Avenue one block south of Huntington Drive. The o 6lr(1 .. () ,,) e ceremony will be followed by "Celebrate Downtown", a community festival designed to N~ r' 10 3/19/96 I I I LOJESKI (Mayor's Prayer Breakfast) 6. ROLL CAlL 7. 7a. PUBLIC HEARING DOWNTOWN 2000 BUSINESS INCENTIVE PROGRAMS (APPROVED) 06rU-J.,2(' ." 38:0082 showcase the retail opportunities available in this business district, and to thank residents and merchants for their cooperation during the construction period. Celebrate Downtown will run through 3:00 p. m. and feature live music, magic shows, dancing. a classic car display, sidewalk sales. free raffles and much more. There will also be special appearances by the Easter Bunny, the Arcadia High School Pep Band. the Chanteurs and New Spirit and the First Avenue Band. Mayor Lojeski encouraged everyone to take pan in this event Mayor Lojeski announced the Annual Mayor's Prayer Breakfast on Friday, March 29, 7:00 a. m. at the AIboretum. An exciting program is planned. Reservations are still available. CITY COUNCIL RECESSED IN ORDER TO ACT AS TIlE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Kuhn, Ulrich, Young and Lojeski None PUBLIC HEARING Consideration of report and recommendation to approve the Downtown 2000 Phase II, Business Incentive Program; to authorize Agency expenditure of funds outside the project area boundary; to approve a negative dec:laration related thereto; and to approve the appropriation of funds for these programs. In October 1994, the City Council and the Redevelopment Agency approved in concept the comprehensive multi~mponent Phase II Downtown 2000 Business Incentive Program. Staff listed the components of this Program and explained each in considerable detail. Included were: I) Commercial Facade Rehabilitation Program, including Architectural Design Services, Sign Replacement Loan Rebate, Facade Improvement Loan Rebate, General Property Improvement Loan Rebate, Proposed Rehab Loan Rebate Program Budget for FY 1996- 97 . Estimated Total $145,000; 2) Business Attraction and Expansion Program . Estimated cost for 1 - 2 stores - $20,000 to $60,000 (total); 3) Pedestrian Accessway Program Estimate for nominal acquisition, legal and administrative costs - $5,000; 4) Downtown Marketing Program - Estimated cost. $75,000; 5) Directional Signage Program Estimated cost. $5,000; 6) Private Cooperative Parking Program . Estimated cost for 1 - 2 lots. $10,000 to $20,000 (total); 7) Merchant Tec:hnicai Assistance Program. Estimated Cost . $1,000; 8) Special Events. Estimated Cost. $15,000. The total estimated Business Incentive Program Cost. $326,000. Merchant's reouests to be "Grandfathered" for elilribilitv. In 1992, at the request of David Ercolani, Leonard's Guide, 49 E. Huntington Drive, the Agency Board agreed that they would rebate his rehab costs if these costs were subsequently found to be consistent with the Agency's adopted program. Staff has also had an additional inquiry from Russ Garside, Arcadia Badge and Trophy, 16 N. First Avenue for similar approval. Because of merchant interest in improving their respective properties, especially with the delays in completing the Streetscape project, staff recommends that loan rebates be 11 3/19/96 38:0083 approved for all work meeting the approved guidelines. where private work was begun and been paid for after Janwuy I, 1996. I Because these programs are proposed to be made available outside the project area boundary, the Agency must make cenain findings as required by State law: a) The facilities. structures or improvements are of benefit to the project area or immediate neighborhood in which the project is located. b) There are no other reasonable means of financing the facilities. structures, and improvements available to the community. c) The proposed project will assist in the elimination of one or more blighting conditions, and is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. A Negative Declaration for the Business Incentive Program has been prepared. The comprehensive Downtown 2000 Business Incentive Program. including the draft Commercial Rehabilitation Program guidelines have been presented to the downtown merchants at the Arcadia Business Association meetings held on Janwuy II and March 14, 1996. Copies of the draft guidelines are available at several merchant stores in the downtown area, as well as the library. Staff let the community know that these items were available for their review. In response to questions from Agency Member Ulrich regarding the Commercial Facade Rehabilitation Program, staff responded that over a period of time the loan to the applicant would become a forgivable loan. Also, if a merchant should go out of business and file bankruptcy it would become a grant Staff also responded that redevelopment rehabilitation funds can only be used within the boundaries of the project area except in the unusual circumstances that it will benefit the project area, and is within two blocks. I In response to Agency Member Kuhn's question concerning flexibility of funds, staff responded that in the event one program appears to be much more in demand than others, staff will return' to the Agency for adjustments to the programs or additional funds. In response to a question from Agency Member Chang, staff responded that with regard to the time period for rebate of the loan, it varies: $10,001 or more. two years; $17,501 . three years; $25,001 - four years. The response from the merchants on the Commercial Rehab Program has been quite positive. It is staff's opinion that there will be significant interest, particularly in the signage component Most applicants don't want significant amounts of cash; they want a facade rehab which includes painting, a new awning - perhaps in the range of $5,000 - $10,000. The program is written as a preliminary pilot program to see if it is going to work. The Agency can amend it, change it or stop it, based upon the response. In response to a question from Agency Member Ulrich, the City Attorney responded there is no legal problem involved by not offering the same program to other merchants who are part of the redevelopment area but not part of the Central Business District.' This question has been reviewed by Agency Special Counsel. Chairman Lojeski declared the public hearing to be OPEN. Garland Robertson. Sullivan's Paint, 134 East Huntington Drive, stated, in part, that he thanks past and current Agency Members for the Downtown 2000 improvement program. There have been a lot of complaints, especially about Huntington Drive. His business has been affected by the construction work, but he would not want to go back to what we bad before. Now that the construction is nearly completed, he doesn't hear any complaints about First Avenue any more. On behalf of himself and other merchants in the district, he would also like to thank the customers who have made their way downtown during the past few months to help the merchants during the construction period. He plans to take advantage of the facade fixup and parking programs. 12 I 3/19/96 I I I MOTION NO. 1 (Com'l Facade Rehab.Prog.) MOTION NO. 2 "1"'1' 38:0084 No one else desiring to be heard, the public hearing was CLOSED on MOTION by Agency Member Chang, seconded by Agency Member Young and CARRIED. It was MOVED by Agency Member Chang, seconded by Agency Member Ulrich and CARRIED on roll call vote as follows with regard to the Commercial Facade Rehabilitation Prol!I1lIll: that the Agency CERTIFY the Negative Declaration: and FIND that the facilities, structures or improvements are of benefit to the project area or immediate neighborhood in which the project is located; that there are no reasonable means of financing the facilities, structures, and improvements available to the community; that the proposed project will assist in the elimination of one or more blighting conditions and is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490; ADOPT the guidelines for the Commercial Facade Rehabilitation PrOl!I1lIll as set forth in Attachment A of staff report dated March 19, 1996; AUIllORIZE the Executive Director to execute all documents necessary for the implementation of these programs, subject to approval of contracts and real propel1y documents by the Agency Counsel as to fonn; that Mr. Ercolani be eligible to apply for the program and that the Program be effective January 1, 1996; and APPROPRIATE 5326,000 for the Downtown 2000 Business Incentive Program. AYES: NOES: ABSENT: ABSTAIN: Agency Members Chang. Ulrich, Young and Lojeski None None Agency Member Kuhn (Conflict of Interest ruling by the Fair Political Practices Commission.) It was MOVED by Agency Member Young. seconded by Agency Member Kuhn and CARRIED on roll call vote as follows that the Agency CERTIFY the Negative Declaration; and FIND that; a) The facilities, structures or improvements are of benefit to the project area or immediate neighborhood in which the project is located, and, b) There are no reasonable means of financing the facilities, structUreS, and improvements available to the community; and, c) the proposed project will assist in the elimination of one or more blighting conditions and is consistent with the Implementation Plan, adopted pursuant to Health and Safety Code Section 33490; and, ADOPT the guidelines for the various Business Incentive Programs as set forth in the March 19. 1996 staff report, Attachment A, Downtown 2000 Business Incentive Program; 1) Commercial Facade Program (considered above with a separate motion and roll call vote); 2) Downtown Business Attraction and Expansion Program; 3) Pedestrian Accessway Program; 4) Downtown Marketing Program; S) Directional Signage Program; 6) Private Cooperative Parking Program; 7) Merchant Technical Assistance. Program; and, 8) Special Events Program; and, That Mr. Ercolani be eligible to apply for the program and that the Commercial Facade Rehabilitation Program be effective January 1, 1996; and, AUIllORIZE the Executive Director to execute all documents necessaJy for the implementation of these programs, subject to approval of contracts and real propel1y documents by the Agency Counsel as to fonn; and, APPROPRIATE 5326,000 for the Downtown 2000 Business Incentive Program. 13 3/19/96 8. 8a. MINUTE APPROVAl (Feb.29,1996) (Mar.5,1996) (APPROVED) 8b. ERN AGREEMENT ARA & AIM GATEWAY ASSOCIATES (Fifth Avenue Project) (APPROVED) 06 ~ t) . \1 f ADJOURNMENT 9. MINUTE APPROVAl (Feb.29,1996) (Mar.5,1996) (APPROVED) 38:0085 AYES: NOES: ABSENT: I Agency Members Chang, Kuhn. Ulrich, Young and Lojeski None None NOTE: The City Attorney noted that. following an analysis from the FPPC, it was detennined that Agency Member Kuhn would be pennined to vote upon this motion. CONSENT ITEMS APPROVED minutes of the February 29, 1996 adjourned regular meeting and the March S, 1996 regular meeting. ADOPTED Amendment No. I to the Exclusive Right to Negotiate Agreement by and between the Arcadia Redevelopment Agency and NM Gateway Associates, LLC (Fifth Avenue Project), subject to final approval by the Agency Anomey. I THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY AGENCY MEMBER CHANG, SECONDED BY AGENCY MEMBER KUHN AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Agency Members Chang, Kuhn. Ulrich, Young and Lojeski None None The meeting ADJOURNED to 7:00 p. m., April 2, 1996 CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED minutes of the March S, 1996 regular meeting and February 29, 1996 adjourned regular meeting. I 14 3/19/96 I I I 9a. ADVERTISE FOR BIDS - CONST.! REPLACEl1ENT HAIlD I CAP RA<'lP S OqU)-<lO 9b. ADVERTISE FOR BIDS - ROOF RESEAL - SERVICE CTR. FACILITIES o 7.JO -...<> 9c. CONTRACT AWARD REHAB. OF CHAPMAN WELL W.O. 566 o 75'\J.>-(\ 9d. ADVERTISE FOR BIDS - 12" WATERLINE CONST. & FIRE HYDRANT INSTALLATION W.O. 562 oq/~ .~/O ge. WORK ACCEPTED INSTAlLATION FIRE HYDRANTS & SERVICE LATERALS ORANGE GROVE AV. FROM MICHILLINDA AV. TO SANTA ANITA AV. - W.0.694 0l(1,,:'.;J. -; 9f. WORK ACCEPTED 1995-96 TRAFFIC STRIP- ING & PAVEMENT MARKING PROG. O'/:J() ~ 10 9g. 38:0086 AUTIfORIZED the City Clerk to advertise for bids for the 1995-1996 Annual Deficient Sidewalk Replacement and IConstruction of Handicap Ramps. AUTIfORIZED the City Clerk to advertise for bids for the Roof Resealing at the Service Center Facilities. AWARDED contract in the amount of $91,495.40 to Bakersfield Well and Pump Company for the Chapman Well Rehabilitation - Work Order 566; WAIVE all infonnalities in the bid and bidding process; and AUTIfORIZE the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. APPROVED plans and specifications and AUTIfORIZED the City Clerk to advertise for bids for the 12" waterline construction in Colorado Street from Vaquero Road to Old Ranch Road and Fire Hydrant Insta1lations at various locations - Work Order 562. ACCEPTED the improvements and AUTIfORIZED final payment for the installation of Fire Hydrants and Service Laterals - Orange Grove Avenue from Michillinda Avenue to Santa Anita Avenue and AUTIfORIZED final payment of $13,687.53 (5% retention) to W. A. Rasic Construction Co., Inc. in accordance with the contract documents - Work Order 694. ACCEPTED the 1995-96 traffic striping and pavement marking program performed by 1 and S Sign Co., Inc. and AUTIfORIZED final payment in accordance with the contract documents. Ten percent (10"10) retention of the total contract amount will be retained until expiration of the statutory thirty-five day lien period. Considered separately (see below) 15 3/19/96 9h. CONTRACT AWARD GASOLINE & DIESEL FUEL f)3 <(J . 30 91. 9j. WAIVED TRAFFIC CONTROL SERVo COST - SANTA ANITA DERBY DAY 5K RUN & WAlK (),<.,,) , :!iO O~ n-.'IO 9g. RESOLUTION NO. 5907 (ADOPTED) 0';'3 \, . "ttJ C?e, j- !' ?A6 91. MOTORCYCLE R,ENTAl/TOUR SERVICE - M-l ZONE (APPROVED) Os;' ~..,~ .~O 38:0087 AWARDED contract to Petro-Diamond and PS Trading for the purchase of gasoline and diesel fuel; and AUTHORIZED the City Manager to execute said contracts in a fonn approved by the City Attorney. Considered separately (see below) APPROVED request by Los Angeles Turf Club to WAIVE the cost of traffic control services (as defined in staff report dated March 19, 1996) for the second annual Santa Anita Derby Day 5K Run and Walk. ALL OF TIIE ABOVE CONSENT ITEMS 93, 9b, 9c, 9d, ge, 9f, 9h AND 9j AND TIIE MINUTES OF TIIE FEBRUARY 29, 1996 ADJOURNED REGULAR MEETING AND TIIE MARCH 5, 1996 REGULAR MEETING WERE APPROVED ON MOTION BY COUNCILMEMBER CHANG, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None It was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5907: . A RESOLUTION OF TIIE CITY COUNCil. OF TIIE CITY OF ARCADIA, CALIFORNIA, AMENDING TIIE GENERAL PLAN LAND USE MAP FOR TIIE PROPERTY LOCATED AT lHE NORlHWEST CORNER OF SECOND A VENUE AND HUNTINGTON DRIVE FROM 'INDUSTRIAL' TO 'COMMERCIAL' . be and it is hereby ADOPTED. AYES: NOES: ABSENT: ABSTAIN: CounciImembers Chang, Ulrich, Young and Lojeski None None Mayor Pro tern Kuhn Consideration of a motorcycle rentaIltours service as an appropriate use in the M. I zone, per Section 9266.1 of the Arcadia Municipal Code. CounciImember Young inquired if there would noise problems and if these renters would ride around in the neighborhood. Staff responded that industrial areas are surrounded by industrial areas, but the purpose is not for any sort of testing. The zoning ordinance has standards with regard to noise. It was MOVED by CounciImember Young, seconded by Mayor Pro tern Kuhn and CARRIED on roll call vote as follows to DETERMINE that a motorcycle rentaIltour service is a compatible use for the pwposes of the M.I zone under Section 9266, provided that no major mechanical repair will be done on site. 16 3/19/96 I I I I I I 10. lOa. ORDINANCE NO. 2046 (INTRODUCED) ()I-(70.. 710 lOb. ORDINANCE NO. 2047 (INTRODUCED) IO'1u {),>~ 38:0088 AYES: NOES: ABSENT: Council members Chang, Kuhn, Ulrich, Young and Lojeski None None CITY A TIORNEY The City Anorney presented for introduction and read the title of Ordinance No. 2046: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA. AMENDING PART S OF CHAPTER 2, ARTICLE IV, ADDING A SUBSECflON (A) TO SECflON 1200 AND ADDING SECflONS 42S1 AND 42S2 TO THE ARCADIA MUNICIPAL CODE REGARDING CITATIONS ISSUED TO JUVENILES, DAYTIME LOITERING BY MINORS AND RELATED COST RECOVERY BY THE CITY". It was MOVED by Mayor Lojeski, seconded by Councilmember Young and CARR.IED on roll call vote as follows that Ordinance No. 2046 be and it is hereby INTRODUCED. In response to question from Councilmember Chang, the City Anorney responded that these are infractions, so the fine could not exceed S2S0. Police Chief Gamer responded that repeat offenders could be charged for misdemeanors. Also between the hours of 8:30 a. m. and 1:30 p. m. the Police have the ability to stop juveniles and find out what they are doing. Juveniles living in Arcadia and those living elsewhere will be treated the same. Councilmember Ulrich feels this ordinance is necessary. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich, Young and Lojeski None None The City Anorney presented for introduction and read the title of Ordinance No. 2047: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA AMENDING SECfION 1200 OF THE ARCADIA MUNICIPAL CODE REGARDING CODE PENALTY PROVISIONS BY ADDING INFRACfIONS AS AN ALTERNATIVE AND INCREASING THE MISDEMEANOR PENALTY". The City Attorney reported that this is an update to reflect two changes. I) A few years ago the City Charter was amended to give the City more flexibility with regard to Municipal Code violations to deem them to be infractions or misdemeanors. 2) The penal code was also amended to increase penalties from SSOO to SI,OOO. The City never amended the Municipal Code, even though the City has been applying it to reflect those changes. In response to a question from Council member Chang, the City Anomey responded that in those instances where actions are deemed to be infractions; the right is also retained to deem them to be misdemeanors. A repeat situation would probably go from one level to another. It was MOVED by Mayor Pro tern Kuhn, secondul by Councilmember Ulrich and CARRIED on roll call vote as follows that Ordinance No. 2047 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich. Young and Lojeski None None 17 3/19/96 lOco ORDINANCE NO. 2048 (INTRODUCED) () .tJ.~O ./1) 11. lla. O/m ....,0 llb. ADJOURNMENT (April 2, 1996 7:00 p.m.) ATTEST: ~~ JuWD. Alford, 38:0089 The City Attorney presented for introduction and read the title of Ordinance No. 2048: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 8020.2 OF THE ARCADIA MUNICIPAL CODE TO DESIGNATE THE INSPECTION SERVICES MANAGER AS CITY BUILDING OffiCIAL AND AUTHORiZING FURTHER DESIGNATIONS BY RESOLUTION" . It was MOVED by Councilmember Young, seconded by Councilmember Chang and CARRIED on roll call vote as follows that Ordinance No. 2048 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Ulrich. Young and Lojeski None None CLOSED SESSION At 9:02 p. m. the City Council RECESSED and immediately entered a CLOSED SESSION, "pursuant to Government Code Section S49S6.8 to confer with City negotiators (William Kelly and Peter Kinnahan) for possible acquisition of certain properties located at 43 E. Sl Joseph Street and 210 N. Santa Anita Avenue, owned by Catellus Development Corporation (agent: Kevin McKenna. CB Commercial), and 300 N. Santa Anita Avenue, owned by Thomas and Miriam Kendall". And, "pursuant to Government Code Section S49S6.9(a) to confer regarding the existing Worker's Compensation case ofD. Hunkapillerv. City of Arcadia". At the conclusion of the Closed Sessions, the Council RECONVENED and ADJOURNED at 9:30 p. m. to Tuesday, April 2, 1996 at 7:00 p. m. in the Arcadia City Hall Council Chambers for a regular meeting 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 properties. '.. ~_A ,.,,~ of the City of Arcadia , Dennis A. Lojes 18 3/19/96 ~: I I I