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HomeMy WebLinkAboutAUGUST 6,1996 38:0250 0111).''.1 ':1~OG76 .:c. I CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 6, 1996 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, August 6, 1996, at 7:00 p,m, in the Arcadia City Hall Council Chambers, INVOCA nON Rev, Brenda Peterson, Methodist Hospital of Southern California PLEDGE OF ALLEGIANCE Jerry Collins, Director of Parks and Recreation ROLL CALL PRESENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn ABSENT: None 2, SUPPLEMENTAL INFORMA nON FROM STAFF REGARDING AGENDA ITEMS I The Maintenance Services Director introduced three members of his staff whose jobs resulted from the reorganization of the Maintenance Services Department. The City Manager introduced Wayne Crabb, who will be the Acting Fire Chief while the recruitment process takes place for a Fire Chief to replace Gerald Gardner, who has retired, The City Manager confirmed with Council a regular City Council meeting on October 15, 1996, during the League of California Cities annual meeting, He also confirmed a joint Council meeting with the City of Sierra Madre on Tuesday, October 29, 1996, at 6:00 or 6:30 p,m, ORD, & RES, READ BY TITLE ONLY It was MOVED by Councilmember Young, seconded by Councilmember Chang, and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading in full be WAIVED, AYES: NOES: ABSENT: Councilmembers Chang, Harbichl, Lojeski, Young, and Kuhn None None 3, PUBLIC HEARING I 3a, f} i,I'</J - " i? Consideration of weed abatement charges to affected private property owners within the PUBLIC City of Arcadia, On February 6, 1996, the annual weed abatement program on private HEARING property began with the adoption of Resolution No, 5904, Subsequently, a public WEED hearing was held on February 20, 1996, At the conclusion of the hearing, Council ABATEMENT directed the County Agricultural Commissioner to abate the weeds and/or such CHARGES ON on the listed properties, On July 16 of this year the Los Angeles County Agricultural PRIV, PROP, Commissioner submitted a list of those properties within the City upon which the (1995-96 County abated the weeds: Of the thirty-one properties listed, sixteen incurred a minimal Program) charge ofS26,06 for inspection only of the property, Each property on the charge list 1 8/6/96 38:0251 I has been posted and noticed of the public hearing this date, which was scheduled to hear objections to the charges for ahatement or inspection, Mr, Chester Olsen of the County Agricultural Commissioner's Office explained that sixteen properties were cleared by the owners, and fifteen were cleared by the County, There is no cost to the City or the County; charges are made to the property owners by means of an assessment on their property tax bills, Mayor Kuhn declared the public hearing to be OPEN, No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tern Harbichl, seconded by Councilmember Lojeski and CARRIED, It was MOVED by Council member Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows to CONFIRM the charge list as submitted and DIRECT that the County Auditor be instructed to enter the amounts of the assessments against the respective parcels of land as they appear on the current property assessment roll, AYES: NOES: ABSENT: Council members Chang, Harbichl, Lojeski, Young, and Kuhn None None I 3b, PUBLIC HRG, RESOLUTION NO, 5934 (ADOPTED) oc;" i) _ ~") Mayor Kuhn declared the public hearing to be OPEN, The City Manager presented and read the title of Resolution No, 5934: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 1 OF RESOLUTION NO, 5805 TO INCLUDE A VISITOR COVERAGE FEE AND ADJUST PARAMEDIC SERVICE FEES," No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Councilmember Lojeski and CARRIED, It was MOVED by Councilmember Young, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Resolution No, 5934 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Council members Chang, Harbichl, Lojeski, Young, and Kuhn None None 3c, PUBLIC HRG, RESOLUTION NO, 5936 (ADOPTED) ()"i'.;20- !Jt? The City Manager presented and read the title of Resolution No, 5936: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA SETIING SERVICE RATES FOR THE COLLECTION OF RESIDENTIAL REFUSE AS PROVIDED UNDER SECTION 5120,7 OF THE ARCADIA MUNICIPAL CODE," I The Cir;y Manager stated that this resolution relates to Agenda Item 8c under City Manager, the residential refuse agreement with NEWCO Waste Systems, At the July 16, 1996, Council meeting, staff presented a detailed report outlining the provisions and changes that are proposed in the new residential refuse collection agreement with NEWCO Waste Systems, At that meeting Council directed staff to finalize the agreement with NEWCO and to prepare a new rate resolution for the collection of residential refuse and recyclables, The Maintenance Services Director reviewed some of the more significant changes in the agreement. 2 8/6/96 I I I 4, 5, CHANG (Economic development of downtown area) O!;'"'3"~ M., 38:0252 Mayor Kuhn declared the public hearing to be OPEN, No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED, It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Young and CARRIED on roll call vote as follows that Resolution No, 5936 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL Marguerite Soencer, Mayflower Avenue, stated in part that, with regard to Consent Item 6e on tonight's agenda, she does not believe that the $22,634,56 requested for remodeling of the Mayor's office should be approved in this year of a budget shortfall which necessitated cuts in expenses and an increase in fees, She also feels that limiting the content of Council minutes and delays in getting videos of Council meetings have interfered with the public's right to know, Mayor Pro tern Harbicht clarified that the remodeling work involves a reduction in size in the Mayor's office in order to use part of the office for a hallway to provide access to a nearby conference room, The purpose of the work is for efficiency, not for aesthetics, Gail Marshall, 2300 block of Lee Avenue, stated in part her objection to Councilmember Harbicht's remarks to Ms, Spencer this evening and past remarks to herself and others, Dr. Robert Ellison, 620 West Huntington Drive, in part, read a Letter to the Editor written by Bob Daggett, previous Chairman of the Arcadia Planning Commission, which was published in the Herald Tribune on July 26, 1996, The letter expressed exception to the Editor's opinion that the City Council should decide the merits of a proposed entertainment complex at the Santa Anita Race Track and grant a zone chaoge, The Planning Commission had already decided they could not act on a zone chaoge without seeing a specific plan, Dr, Ellison asked why the Council would ignore the Planning Commission's decision and make changes in the General Plan to permit other than horse racing uses at the Race Track, especially since the land-use matter will go before voters in November, BuzZ Soellma!!, 1236 Oak Glen Avenue, stated in part that he does not believe Council has the right to raise the utility tax 1% without putting the matter before a public vote, Lonell Soencer. 1008 South Mayflower Avenue, stated in part he would appreciate it if the Mayor kept a five-minute time limit on all Council members, c MA TIERS FROM ELECTED OFFICIALS Councilmember Chang commented on outdoor advertising and other economic development issues in the downtown area which need to be addressed, including promo- tion of the area, He suggested formation of a committee for the economic development of downtown, The committee would be made up of City officials taking a leading roll in " 3 8/6/96 I (Time limit on remarks by Combrs,) 38:0253 working with representatives from the Chamber of Commerce, the downtown merchants group, the Arcadia Business Association, and public groups, Councilmember Chang said the City Council should be involved, and he would like to be a volunteer, The com- mittee would make suggestions and recommendations to Council for final approval and action. With regard to limiting remarks under Matters from Elected Officials to five minutes, Councilmember Chang does not think it is appropriate to stop a Councilmember' s speech if it is not finished, unless the Councilmember repeatedly goes over the five- minute limit. The City Attorney commented that any time limit that is imposed is at the discretion of the City Council. Mayor Pro tern Harbicht agreed with Councilmember Chang that Councilmembers should tJy to keep their remarks to five minutes, but there should not be an absolute five-minute cutoff, YOUNG Councilmember Young said she would like to see the issue of election signs on an (Signs on agenda for Council discussion, Council member Lojeski concurred, Mayor Pro tern public and Harbicht noted that many signs are put up without property owners' permission, He private property) wondered if the City could adopt a rule prohibiting the placing of signs without written authorization from the property owner, If the City asked to see authorization and it had not been obtained, the person placing the signs 'would be cited and fined, Mayor Young agreed, Council member Lojeski suggested extending the fine for placing signs on public property, which is prohibited but still occurs, I (Door hangers with street sweeping info,) LOJESKI (Council's travel policy) (Cost of printing City Charter (Response to Police Officers Association) HARBlCHT (City Charter) I (City Hall display case) Councilmember Young commented that she read about door hangers giving street sweeping infonnation, but she did not get one at her home, The City Manager stated that it should have been done, and he will check that word got out to everyone, Responding to the Council's interest in regulating sign placement, the City Attorney stated he believes something can be done, He will report back to Council on the subject, Councilmember Lojeski pointed out to the City Attorney another problem, which is too many ofthe same signs on one property, With regard to changing the Council's travel policy and having the City pay for the attendance of Councilmembers' spouses at City events, Councilmember Lojeski stated he was not in favor oftha!, in view of the City's current budget situation, Council member Young concurred, Council member Lojeski suggested looking at ways of saving money on the printing of an updated City Charter, Heavy-duty, quality paPer and embossed seals are not necessary, The Charter can be printed tastefully, and not extravagantly, Council member Lojeski stated he is in favor of a response to a communication from the Police Officers Association, The City Manager commented that staff will prepare a response by paraphrasing remarks made by Council at the public hearing process when adopting the budget. Councilmember Lojeski suggested a similar response be sent to the Fire Association, Mayor Pro tern Harbicht stated his preference for using "Roman II" as the font style in the printing of the City Charter, With reference to the City Manager's request for comments on the use of the display case in City Hall, Mayor Pro tern Harbicht thinks it is a good idea to change the display every few months, sending some of the items to the Historical Museum for preservation, 4 8/6/96 I (Credit Union building) (Response to Police Assn,) CHANG (Council's travel policy) (Response to Police Assn,) I HARBICHf (Council's travel policy) Ol:/i;;.n AI.s I' KUHN (Campaign expenditure limits) /0.30 N::.P ("Mr, Postman, Check on Me" program) (County Park tennis courts) I (Meeting with Supervisor Antonovich) 38:0254 Mayor Pro tern H3Ibicht asked if the Arcadia City Employees Credit Union serves people who are not City employees, That would have an impact on his opinion regarding their request for locating a building on City Hall property, Mayor Pro tern Harbicht and Council member Young felt that they would like more specific infonnation as to what the building would look like and where it might be located before expressing an opinion, Commenting on the Police Association's request for a written response to their report, Mayor Pro tern Harbicht stated he does not know what kind of a response they are looking for, They are aware of the City's budget problems, It is understood that there is concern for the future of the City on the part of both the Police Association and the Council. The Council appreciates the Police Department's efforts; they are obviously doing a good job, even with nine fewer officers, Councilmember Chang agreed with Councilmember Lojeski that if spouses accompany Councilmembers on City trips, it should be at their own expense, tJlJ'O an NJP Councilmember Chang commented that the Police Association should be sent a response from Council, mentioning, as Mayor Pro tern Harbicht has stated, that the Police ' Department is doing a good job, and hopefully the City's financial situation will soon improve, Mayor Pro tern Harbicht expressed his disagreement with three Councilmembers who have spoken regarding the travel policy issue, Many private companies pay expenses for spouses' attendance at business meetings, Mayor Pro tern Harbicht observed that Arcadia City Council members have never abused the privilege of an expense account, usually paying expenses out-{)f-pocket. Mayor Kuhn brought up the issue of campaign expenditure limits, She does not like the current trend of unlimited expenditure on local campaigns, The City Attorney stated that the law does allow cities to establish, within certain parameters, their own contribution and spending limits, subject to constitutional requirements, He can obtain infonnation and give Council a summary on the matter, Mayor Kuhn stated she would like to see such a report, The issue of unlimited campaign expenditure discourages working-class citizens from running for office, Mayor Kuhn announced a new program called, "Mr, Postman, Check on Me," It allows senior citizens and disabled residents to ask their letter c;arriers to call for help if they suspect that something is wrong because the resident has not picked up the mail. Residents who are interested in participating will place a sticker in their mail box, Upon receipt of notification by a postal employee, a communications center will send a police officer to check on the resident. Mayor Kuhn gave details of the new system for making reservations at the County Park tennis courts, Mayor Kuhn reported on a Council meeting which took place on July 24, 1996, for the purpose of discussing several City/County issues with Los Angeles County Supervisor Michael Antonovich, 5 8/6/96 ,I I 1 38:0255 6, CONSENT ITEMS 6a, MINUTE APPROVAL (July 2, 8, 16) (APPROVED) 6b,O 7:10- 'If! CONTRACT AWARDED contract in the amount of $117,989,90 to Bradley Environmental for the AWARD removal and replacement of underground fuel tanks at Fire Station No, I; (Removal and WAIVED any informalities in the bid or bidding process; and AUTHORIZED the replacement of City Manager and City Clerk to execute a contract in a form approved by the underground Attorney, fuel tanks, Fire Sta, No, I) APPROVED minutes of the July 2 and July 16 regular meetings, and July 8 and July 16 adjourned regular meetings, 6c, Considered separately, See page 7, 6d, ()t!I.!)fI, ~':'\ CONTRACT AWARDED contract in the amount of $205,090,00 to Sequel Contractors, Inc" for AWARD the rehabilitation of eastbound Huntington Drive from Holly Avenue to Santa (Rehab, of Clara Street, Job No, 604; WAIVED any informalities in the bid or bidding process; and Huntington Dr" AUTHORIZED the City Manager and City Clerk to execute a contract in a form Holly Ave, to approved by the City Attorney, Santa Clara St., Job No, 604) 6e, 6f, 0:; -fa.. CONTRACT , AWARD (Two<olor printing press) Considered separately, See page 7, ;1 AWARDED contract in the amount of $52,947,00 to j, E, Halliday Sales, Inc" for purchase of a two-color printing press; AUTHORIZED the City Manager to execute said contract in a form approved by the City Attorney, 6g,O : yf). .!if) BIDS REJECTED all existing bids for the refiubishing of a Fire Department rescue REJECTED ambulance; AUTHORIZED staff to solicit bids for the purchase of a new ambulance and (Rescue use the existing unit as a trade-in to reduce the fiscal impact of this procurement. ambulance) 6h, 0' ';. .',) APPOINT- MENT APPROVED (City Manager Pro tempore) APPROVED the appointment of Police Chief Ronnie Gamer as City Manager Pro tempore, 6i, If} iJ -: COOPERATIVE AGREEMENT APPROVED (AUSD . joint bids) APPROVED cooperative agreement with the Arcadia Unified School District relative to joint bids; RATIFIED the authority of the City Manager to sign on behalf of the City, 6 8/6/96 38:0256 I 6j, Considered separately, See page 8, 6k, Considered separately, See page 8, THE ABOVE CONSENT ITEMS 630 6b, 6d, 6f, 6g, 611, AND 6i WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None Council member Lojeski (from minutes of July 2 regular meeting and July 16 adjourned regular meetings) I 60, O'1,2,(). 'ifn CONTRACT Consideration of request to award a contract to Sequel Contractors, Inc" in the amount AWARD of $267,434,50 for the rehabilitation of Foothill Boulevard at various locations and (Rehab, of Duarte Road from Santa Anita Avenue to westerly El Monte Avenue, and to approve the Foothill Blvd, appropriation of $42,000,00 from the Gas Tax Fund, Councilmember Chang asked if various loc" contingencies are included when money is approved for a specific project, He believes and Duarte Rd, contingency fees should be included, The City Manager explained that contingency fees Santa Anita to would be for extraordinary work that was not expected when the project began, westerly Hopefully, sufficient money is built into a Council-approved project; the City Manager EI Monte Ave" will check that that is the case in the future, Job No, 603) It was MOVED by Councilmember Chang, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows to AWARD a contract in the amount of $267,434.50 to Sequel Contractors, Inc" for the rehabilitation of Foothill Boulevard at various locations and Duarte Road from Santa Anita Avenue to westerly EI Monte Avenue; WAIVE any informalities in the bid or bidding process; AUTHORIZE the City Manager and City Clerk to execute a contract in a form approved by the City Attorney; and APPROPRlA TE an additional $42,000,00 from the Gas Tax Fund.. AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None 60, ~ il,\" .,;:) BIDS REJECTED (Remodel of City Hall offices) Consideration of request to award contract to E, D, Nelson Construction Company in the amount of $22,634,56 for remodel of City Hall offices, There were two bids submitted for this project, The low bid was 37% lower-approximately $6,100 less than that of E, D, Nelson Construction, However, the low bid was rejected because no bid bond was submitted, Councilmember Lojeski suggested that, with such a large discrepancy, the project be re..lJid, The Maintenance Services Director commented that if the all bids were rejected and the job were re-bid, a bid bond would not be included because it is a smaller project, I It was MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows to REJECT all bids for the remodel of City Hall offices and RE-ENTER the bid process, Dr, Chang questioned spending the money for this work if it might not be a permanent remodel, In addition, he does not feel there is a need for a hallway to connect the City Manager's office and the executive conference room, He recalled dnring budget discussions the elimination of $18,000 for Library materials, and would have preferred to spend the money there, 7 8/6/96 I 6j, RESOLUTION NO, 5935 (ADOPTED) OM,) . ~0 I 6k, INSTALL. OF COMPUTER CABLING (City Library) (APPROVED) () ).dO - I () 7, I 7a, REPORT ON EFFECT OF PROPOSED INITIATIVE ORDINANCE 11):.11)- '10 38:0257 AYES: NOES: ABSENT: Council members Harbicht, Lojeski, Young, and Kuhn Councilmember Chang (for reasons stated above) None Consideration of Resolution No, 5935, a resolution of the City Council of the City of Arcadia, California amending Section 5 of Resolution No, 5824 changing the time of the regular meeting of the Recreation and Parks Commission, Instead of submitting a resolution for every change in a board's or commission's meeting times, Council member Harbicht asked if the resolution could specify "or whenever they want to meet" The City Attorney said the Brown Act requires a specific designation, as does the City ordinance which sets up the particular board or commission, It was MOVED by Mayor Pro tern HaIbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to' ADOPT Resolution No, 5935, a resolution of the City Council of the City of Arcadia, California amending Section 5 of Resolution No, 5824 changing the time of the regular meeting of the Recreation and Parks Commission. AYES: NOES: ABSENT: Councilmembers Chang, HaIbicht, Lojeski, Young, and Kuhn None None Consideration of request to approve installation of computer cabling in the City Library, Councilmember Lojeski expressed his displeasure that the request for funds for this project came before Council after the work was approximately 70% complete, The City Manager explained that the contractor started the work without authorization, When the Maintenance Services Director became aware that there was no purchase order authorizing the work, he issued a stop order, It was MOVED by Council member Lojeski, seconded by Councilmember Chang and CARRIED on roll call vote as follows to AUTHORIZE retention of S & J Sales to install computer cabling at the City Library and APPROVE the expenditure of $18,678,00 from the Library construction budget for this purpose, AYES: NOES: ABSENT: Council members Chang, HaIbicht, Lojeski, Young, and Kuhn None None CITY CLERK At the July 2, 1996 meeting, the City Council instructed staff to prepare a report consistellt with the Election Code concerning the effects of the proposed initiative on the Arcadia' General Plan and its impacts on fiscal issues, General Plan and zoning consistency, taking of property, and related matters, Staff has prepared the report, dated July 30, 1996, for the Council to receive and file, The City Clerk reported: "At the July 2nd Council meeting the Clerk's Certificate of Sufficiency of the initiative petition circulated by members of the citizens group, "Neighbors for Arcadia," was received and filed by the City Council. Said initiative petition qualified an ordinance for a ballot measure to amend the Land Use Element of the City of Arcadia General Plan pertaining to the area of the City designated for horse racing, The next procedural step 8 8/6/96 I 7b, RESOLUTION NO, 5937 (ADOPTED) (030-'10 I 7c, RESOLUTION NO, 5938 (ADOPTED) f().10, ,to 7d, RESOLUTION NO, 5939 (ADOPTED) f030-'/() I 38:0258 in the initiative process permitted the City Council three options according to Section 9214 of the California Elections Code: a), Introduce the initiative ordinance, without alteration; b), Immediately order a special election at which the ordinance shall be submitted to a vote of the electorate without alteration; or c) order a report, The City Council voted 4-0 with one member absent to order a report which the Council directed staff to prepare for presentment to the Council on July 30, and that is what happened, and that is what Mr, Kelly just presented to you, Having received the staff report on the effect of the initiative ordinance, the following resolutions are submitted to the Council for consideration and adoption, Said resolutions set in motion a Special Municipal Election for one hallot measure consolidated with the Statewide General Election on November 5, 1996," The City Clerk read the title of Resolution No, 5937: "A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF TIIE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1996, FOR TIIE SUBMISSION OF A PROPOSED INITIATIVE ORDINANCE TO TIIE ELECTORS OF SAID CITY," It was MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No, 5937 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None The City Clerk read the title of Resolution No, 5938: "A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF ARCADIA, CALIFORNIA, REQUESTING TIIE BOARD OF SUPERVISORS OF TIIE COUNTY OF LOS ANGELES TO CONSOLI- DATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1996, WITH TIIE STATEWIDE GENERAL ELECTION TO BE HELD ON TIIE DATE PURSUANT TO SECTION 10403 OF TIIE ELECTIONS CODE," It was MOVED by Mayor Pro tern Harbichl, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Resolution No, 5938 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None The City Clerk read the title of Resolution No, 5939: "A RESOLUTION OF TIIE CITY COUNC;IL OF TIIE CITY OF ARCADIA, CALIFORNIA, SETIING PRIORITIES FOR FILING WRlTfEN ARGUMENTS REGARDING AN INITIATIVE MEASURE AND DIRECTING TIIE CITY ATIORNEYTO PREPARE AN IMPARTIAL ANALYSIS," It was MOVED by Mayor Pro tern Harbichl, seconded by Councilmember Chang and CARRIED on roll call vote as follows that Resolution No, 5939 be and it is hereby ADOPTED, 9 8/6/96 I 7e, RESOLUTION NO, 5940 (NOT ADOPTED) 10:Sv ' 'I() S, I Sa, FILL VACANT POsmON IN ENGRG, DIV, (APPROVED) O,z.)O _ 10 38:0259 AYES: NOES: ABSENT: Councilmembers Chang, Harbichl, Lojeski, Young, and Kuhn None None The City Clerk read the title of Resolution No, 5940: "A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR TIlE FILING OF REBUTIAL ARGUMENTS FOR CITY MEASURES SUBMITfED AT MUNICIPAL ELECTIONS," After discussion, it was the consensus of Council that Resolution No, 5939 not be adopted, AYES: NOES: ABSENT: Council members Chang, Harbichl, Lojeski, Young, and Kuhn None None CITY MANAGER Consideration of request to authorize the Development Services Department to fill a vacancy within the Engineering Division, The position of Assistant Engineer has become vacant due to retirement. Staff is seeking City Council's approval to fill the vacant position through promotion, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Chang and CARRIED 'on roll call vote as follows to AUTHORIZE the Development Services DepartmentlEngineering Division to FILL the vacant position of Assistant Engineer, AYES: NOES: ABSENT: Councilmembers Chang, Harbichl, Lojeski, Young, and Kuhn None None Sb, FILL VACANT Consideration of request to authorize the City Manager to fill the position of Fire Chief, POSmON OF which has become vacant due to retirement. FIRE CHIEF O:l..JtJ -It! It was MOVED by Councilmember Chang, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to FILL the vacant position of Fire Chief. I 8c, EXCLUSIVE AGREEMENT WITH NEWCO WASTE SYST, (APPROVED) ()g-.!J(l" I't" AYES: NOES: ABSEN;f: Councilmembers Chang, Harbichl, Lojeski, Young, and Kuhn None None Consideration of request to enter into an eight-year agreement with NEWCO Waste Systems for the exclusive collection of residential refuse and recyclables, Pursuant to Council direction provided at the July 16, 1996, City Council meeting, staff has finalized the terms and conditions of the contract with NEWCO, 10 8/6/96 I Sd, RFP FOR DEVELOP. MENT OF ROLLER HOCKEY/ SOCCER FACILITY (APPROVED) o 7:L{) . ht" I I 38:0260 It was MOVED by Council member Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows to ENTER into an eight .year agreement with NEWCO Waste Systems for the exclusive collection of residential refuse and recyclables; and to AlITHORIZE the Mayor and City Clerk to execute the agreement in a fonn approved by the City Attorney, In response to a question by Councilmember Chang, the City Attorney stated that it is correct that the City will not be liable for penalties or fines if AB 939 requirements are not met after reasonable cooperation on the part of the City, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None Consideration of report and request to release the Request for Proposal (RFP) for development of a roller hockey arena/soccer complex at the site of the fonner Arcadia Mounted Police building, In 1994 the City Council directed the Recreation and Parks Commission to study the feasibility of developing such a facility, A report was sent to Council in January of 1995, A number of the sites suggested were infeasible due to cost, location, or design issues, In the summer of 1995 it was detennined that the Mounted Police building was dysfunctional and could be made available for other uses, Council agreed to support the development of a roller hocky/soccer facility at this site, It is suggested that this be a lease arrangement, with the City retaining ownership of the property, There are issues to be resolved with regard to the environmental analysis, one of which is detennining what the land below the building is filled with, At the present time the property is not generating any revenue to the City, If the project is developed, it will be additional revenue to the City's General Fund, The tenns and conditions of the revenue amount will come out of the RFP process through negotiations, The City Manager thanked Pat Gibson, member of the Recreation and Parks Commission, who did the initial drafts of the RFP and whose technical knowledge helped with other matters, Council member Lojeski stated that he would like to see eliminated from the agreement the requirement that the lessee and the City negotiate a set number of hours per week to be used for City recreational classes, This would be competition for the lessee's business; the City has other facilities it can use, Councilmember .Young was concerned about the facility being open until I a,m" since there is residential area on both sides of the property, The City Manager stated that there will be a wall at the west property line; and if the facility's doors are closed, the indoor activities should not disturb adjacent property owners, There could possibly be a noise problem when people are leaving the facility, walking to the parking lot. It is desirable to have the roller hockey/soccer arena open until I a,m, because such facilities are used a lot after II p,m, The City Manager noted that if a problem arises, the City as the land owner has the right to impose some restrictions, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE the Request for Proposal, with the suggestect change of eliminating the set number of hours per week for City recreational classes, and to AlITHORIZE the Director of Recreation to release the RFP consistent with the suggested schedule, AYES: NOES: ABSENT: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None 11 8/6/96 38:0261 I 8f. PROPOSED 1% Consideration ofreport and request for direction on the potential increase of the City's INCREASE IN utility tax by 1%, The City Council, during budget study sessions and through adoption UTILITY TAX of the 1996-97 budget, approved in concept the implementation of a 1 % increase in the (ACTION City's utility tax, Raising the utility tax 1% for one year would generate approximately DELAYED) $600,000 to help with the City's operating budget. Many neighboring cities have utility 0,3 s~i; 1,)(1 tax rates higher than Arcadia's-up to 8 1/4%. Voter approval ofa utility tax rate . increase is not necessary at this time because Arcadia is a Charter City, However, if the Howard Jarvis Taxpayers Association initiative is passed in the November election, such proposed increases in Charter cities would have to be approved by the voters, Council has the option of adopting the I % increase after a public hearing; delaying implementa- tion of a tax increase until after the November election pending the Jarvis initiative; or instructing staff to evaluate and present some other revenue sources in lieu of the utility tax increase, After Council discussion, it was MOVED by Councilmember Chang, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows to DELAY further action on a 1% increase in the utility tax pending outcome of the November election on the Jarvis III Initiative, AYES: NOES: ABSENT: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None I 8g, CHRISTMAS HOME DECORATION AWARDS (APPROVED) 01.20,/0 Consideration of report and request to approve the Arcadia Beautiful Commission's proposal to establish a Christmas Home Decoration A wards program as a new holiday event for the City, One hundred residences would be considered for an award: forty- nine residences would be nominated by the Commission and the remaining would be by mail-in nominations, Council agreed that a holiday awards program was a good idea, if not overdone but kept simple, Councilmember Young felt that refreshments were probably not necessary, With regard to sketches of proposed signs, Councilmember Young suggested that the word "Christmas" be replaced by "Holiday," Councilmember Chang suggested an article be prepared for the City Newsletter to inform residents of this new holiday program, It was MOVED by Councilmember Chang, seconded by Mayor Pro tern Harbicht and CARRIED on roll call vote as follows to APPROVE the Arcadia Beautiful Commission's proposal for a Christmas Home Decoration A wards program, AYES: NOES: ABSENT: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None. 9, CITY A TIORNEY I 9a, ORDINANCE NO, 2055 (ADOPTED) iJ tl6/}. .)1' The City Attorney presented for adoption and read the title of Ordinance No, 2055: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARJOUS SECTIONS OF PART 9, ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO THE VOLUNTARY EMERGENCY MEDICAL SUBSCRIPTION PROGRAM," 12 8/6/96 I 9b, ORDINANCE NO, 2054 (INTRO- DUCED) tJ E .Hi . '1r) I 9c, ORDINANCE NO, 2056 ( INTRO- DUCED) It) '10. () 5" I 38:0262 It was MOVED by Councilmember Young, seconded by Mayor Pro tern Harbicht, and CARRIED on roll call vote as follows that Ordinance No, 2055 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None The City Attorney presented for introduction and read the title of Ordinance No, 2054: "AN ORDINANCE OF TIiE CITY COUNCIL OF TIiE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 9 OF ARTICLE VI OF TIiE ARCADIA MUNICIPAL CODE RELATING TO TIiE REGULATION OF TAXICABS AND AUTOMOBILES FOR HIRE AND TIiE OPERATORS TIiEREOF," It was MOVED by Councilmember Lojeski, seconded by Mayor Pro tern Harbicht, and CARRIED on roll call vote as follows that Ordinance No, 2054 be and it is hereby INTRODUCED, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None The City Attorney presented for introduction and read the title of Ordinance No, 2056: "AN ORDINANCE OF TIiE CITY COUNCIL OF TIiE CITY OF ARCADIA, CALIFORNIA, AMENDING TIiE ARCADIA MUNICIPAL CODE BY ADDING A CHAPTER 4A AND CHAPTER 4B TO ARTICLE I TO PROVIDE FOR MUNICIPAL CODE ENFORCEMENT BY ADMINISTRATIVE crr A TIONS AND ADMINISTRA- TIVE REMEDIES," The City Attorney explained that the proposed ordinance was prepared pursuant to Council direction approximately two months ago with regard to a report to provide an alternative means of code enforcement. The City Attorney explained that code violations are currently enforced through a criminal process, which is laborious and time consuming, and expenses are not always recovered, The proposed ordinance will enable the City to implement a civil process comparable, in part, to that which now exists for parking violations which includes the imposition of fines, Councilmember Chang stated that he believes this will give the government too much power, If the current system works, why change it, even if it takes a longer time, Council member Chang also expressed concern that the ordinance mentions penalties of up to $100,000, The City Attorney noted that the courts are encouraging cities to adopt this type of ordinance because of the large number of criminal cases which crowd the court system, Mayor Pro tern Harbicht pointed out that this is a much simpler system for everyone, It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Lojeski, and CARRIED on roll call vote as follows that Ordinance No, 2056 be and it is hereby INTRODUCED, AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young, and Kuhn Councilmember Chang None 13 8/6/96 I 9d, RESOLUTION NO, 5923 (ADOPTED) O~/I) ?a 06IIt',Q,;, ' 10, I lOa, ROLL CALL lOb, MINUTE APPROVAL (July 2, 8, 16, 19%) (APPROVED) lOe, PROPOSED HOTEL DEVELOP- MENT BY EXTENDED STAY AMERICA (APPROVED) 06 ~O_ p:; I 38:0263 The City Attorney presented and read the title of Resolution No, 5923: "A RESOLUTION OF TIfE CITY COUNCIL OF TIfE CITY OF ARCADIA, CALIFOR- NIA REQUESTING TIfE BOARD OF SUPERVISORS OF TIfE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF TIfE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANS- FER DRAIN NO, 1484 IN TIfE CITY OF ARCADIA FOR FlITURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUlHORIZE TIfE TRANSFER AND CONVEYANCE TIfEREOF," It was MOVED by Councilmember Lojeski, seconded by Councilmember Young, and CARRIED on roll call vote as follows that Resolution No, 5923 be and it is hereby ADOPTED, AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None CITY COUNCIL RECESSED IN ORDER TO ACT AS TIfE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Harbicht, Lojeski, Young and Kuhn None On MOTION by Agency Member Young, seconded by Agency Member Chang and CARRIED on roll call vote as follows, the minutes of the July 2 regular meeting, and the July 8 and July 16 adjourned regular meetings were APPROVED, AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Harbicht, Lojeski, Young, and Kuhn None None Councilmember Lojeski (from minutes of July 2 regular meeting and July 16 adjourned regular meetings) Consideration of proposed hotel development by Extended Stay America for the 2,6-acre property located at the northwest comer of Santa Clara and Fifth Avenue, The Redevelopment Agency and Emkay Development Company entered into a Disposition and Development Agreement (DDA) dated November 17, 1987, as amended, requiring the development of a 48,600-square-foot professional office building on the fonner Kiewit-East property, Amendments to the DDA schedule required that the building be completed by July 1993, but Emkay infonned staff that the recession and lack of an office market in this area have inhibited development. The DDA which remains in effect par Agency Special Counsel Steve Deitsch, requires that any change in use on the site first be approved by the Redevelopment Agency, Extended Stay America (ESA) has approached the Agency staff and expressed a desire to construct a 3-story, 120-room hotel instead of the required professional office use, It would be an economy or budget hotel. Guests usually spend several days to several weeks at the facility, and the price is adjusted for longer occupancy, Rates are expected to be $299 per week, or approximately $42,72 per night for a week's stay, or $55 to $60 14 8/6/96 I I II. I lla, CLOSED SESSION 0119 - -10 rJ , :r"' 38: 026L} per night. Mr, Rick Smith of Emkay Development Company presented additional information and answered questions from Council. In response to a question from Mayor Pro tern Harbicht, Mark Newman of Extended Stay America stated that there are currently 18 ESA hotels in operation, 40 under construction, and 80 projects that are going through city or private building permit or approval processes, The longest amount oftime one of the hotels has been open is three years, ESA is 18 months old, having been founded by two gentlemen; one who was the founder of Waste Management Corporation and Blockbuster Video, and the other who was president of the domestic division of Blockbuster Video, The hotels are company-cwned and company-cperated; they are not franchises, Extended Stay America went public in December of 1995 and is traded on the NASDAQ, The company currently has a market value of approximately one billion dollars, and has a fund for construction and acqnisition of properties of about one-half billion dollars, Councilmember Chang asked about the triangular-shaped ,8-acre parcel which ESA does not wish to acquire, Mr, Smith stated that ESA does not currently have a need for the parcel, but there should be a very strong market for a restaurant, since ESA and two other nearby hotels do not have restaurants, Council member Chang referred to staff's concerns with the architectural design, Mr, Newman stated that the architect has been asked to modifY the site plan, In response to a question by Councilmember Chang, Mr, Smith commented that it is anticipated there will be another extended-stay-type hotel in the City in 1998, Mr, Newman stated that the chain of ESA hotels is running an average of 90% occupancy; the numbers presented by staff have been decreased to 70% occupancy for revenue projection purposes, With regard to staff's concerns that the hotel might become a low-income, multi-family residency, Mr, Smith stated that in a time of economic downturn, which forces business travelers to choose lower-cost hotels, ESA's occupancy rate is better than other hotels, In response to Council's concerns regarding the exterior wall-mounted air conditioning units, Mr, Smith stated that ESA will work closely with the City to create a design which is architecturally acceptable, Council also pointed out the importance of landscaping and the desire for mature trees in the design of this project, It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Lojeski and CARRIED on roll call vote as follows to ENDORSE in concept the proposed use of the site at Santa Clara and Fifth Avenue for an Extended Stay America hotel, and to DIRECT City negotiators in executive session as to the specifics of the negotiation AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Lojeski, Young, and Kuhn None None CLOSED SESSION - CITY COUNCIL AND REDEVELOPMENT AGENCY Agency Counsel announced a Closed Session pursuant to Government Code Section 54956,8 to confer with City negotiators William Kelly and Peter Kinnahan on possible acquisition and terms related to certain properties located at 300 North Santa Anita Avenue, Thomas Kendall, owner; 310 North Santa Anita; and 48 St. Joseph Street, Kevin McKenna, broker for Catellus Development Company, for possible development of a mass transit facility, 15 8/6/96 I llb, CLOSED SESSION 0110- 'If) N5;' llc, CLOSED SESSION o/,n. < I (1 II! , ! YOUNG (In Memory of Kermit Hanzler) I ADJOURN- MENT (August 20, 1996,7 p,m,) I 38:0265 Agency Counsel announced a Closed Session pursuant to Government Code Section 54956,8 to confer with Agency negotiators William Kelly and Peter Kinnahan, and Dave Powell and Robert Stover, brokers with Hayes and Company, on possible acquisition and tenus related to certain property located at 115-121 East Alta Street (Home Savings and Loan parking lot), Agency Counsel announced a Closed Session pursuant to Government Code Section 54956,8 to confer with Agency negotiators William Kelly and Peter Kinnahan on possible amendment to the existing Disposition and Development Agreement as amended with Emkay Development Company, Richard K. Smith, agent, affecting the property located at the northwest comer of Santa Clara and Fifth Avenue (price and tenus re property agreement), Councilmember Young adjourned the meeting in memory of Kermit Hanzler, "Kermit died on June 28 at the age of 76, He had been a long-time resident of Arcadia, moving here in 1946, and for 30 years lived in Arcadia and owned the Hanzler Children's Shoe Store on Huntington Drive and also one in Covina, He was married to Mitzie for 5 I years, and in 1978 they moved to San Marino, They still own this property on Huntington Drive and also property on Duarte Road, After closing of the shoe stores, Kermit was in the export business, with his office here in Arcadia, and Mitzie will continue to run this business, Kermit was a member of the Arcadia Rotary, He was one of the founders of the Rogues, and was a past president of the Arcadia Tournament of Roses, Besides Mi12ie, he is survived by two daughters, He was cremated, and there were no services, I adjourn the meeting in his memory," At 10:33 p,m, the City Council ENTERED the CLOSED SESSIONS, RECONVENED and ADJOURNED the Regular Meeting at 11:12 p,m, to Tuesday, August 20, 1996, at 7:00 p,m, in the 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, ~~:..tll&~~ ATTEST: ~-;;Jo~~ 16 8/6/96