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HomeMy WebLinkAboutNOVEMBER 5,1996_2 1 ()IIt) _ >0 38:0317 Ife;, :'6 ( C 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 NOVEMBER 5, 1996 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, November 5, 1996, at 7:00 p.m. in the Conference Room of the Arcadia City Hall Council Chambers. INVOCATION Bishop James Corrigan, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE Kent Ross, City Librarian ROLL CALL PRESENT: Councilmembers Chang, Harbicht, Kovacic, Young, and Kuhn ABSENT: None I. 5. ARC. PUBLIC LffiRARY WEEK (Nov. 16-22) 6. 7. YOUNG (Item 12e, Maintenance Contract) I' KOVACIC (Item 12h, Police Dep\. Records) PRESENTATION Mayor Kuhn presented a proclamation to Jo Ann Scott, Library Board Trustee, declaring November 16 through 22 as Arcadia Public Library Week. The renovation of the Arcadia Public Library has been completed. Mrs. Scott described activities which begin Saturday, No,'ember 16, to celebrate the Library's Grand Reopening. The formal dedication ceremony will take place on November 18. SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS The City Manager explained the award of the contract to D and H Maintenance Services will provide janitorial and porter services for City Hall, the Community Center, the Library, and Fire Station No. I's communications center. Further, the City Manager stated it has been determined that contracting out of maintenance services results in as high a level of maintenance at a lower cost than having City employees do part of the service. Council member Kovacic proposed the idea of perhaps offering such employment opportunities to local high school students. In reference to the destruction of certain Police Department records, Councilmember Kovacic asked about the preservation of documents which may be involved in litigation. The City Attorney responded that he is satisfied there is adequate protection under Resolution No. 5957 to preserve any such documents. 1 11/5/96 (Item 12i, Alley Vacation) CHANG (Item 12f, PD Garage & Tow Svc.) HARBICHf (Item 12e, City Maintenance Contract) ORD. & RES. READ BY TITLE ONLY 8. 38:0318 Councilmember Kovacic asked about the vacation of the alley south of Foothill, and possibly gelling some compensation for the City's property rights. The City Manager explained that the alley refcrenced, to be deeded to an adjacent property owner, was deeded to the City as a public eascment and was not owned by the City. The maller is scheduled for a public hearing on December 17, at which time Council member Kovacic suggested the question of possible compensation to the City be part of the staff report. I In regard to the renewal of the contract with G & STowing, Councilmember Chang noted a situation in which a customer was required to pay for towing service by cash rather than check, which was an inconvenience. Council member Chang wanted to bring up this maller because he feels that the customers' welfare should be kept in mind with regard to contract renewal. Mayor Pro tern Harbicht inquired as to how the cost of the proposed maintenance contract compares with what the City has been paying. The City Manager explained that in the past, City employees have done certain amounts of the work and a contractor doing other work. A minimum of $1 0,000 will be saved with the new contract. With regard to Consent Item 12f, the City Manager noted that the rate charged by the State for towing service is used as guideline for City charges. It was MOVED by Council member Young, seconded by Mayor Pro tern Harbichl, 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, Harbicht, Kovacic, Young, and Kuhn None None I PUBLIC HEARING 8a. PUBLIC HRG. - For the past several meetings, Council has been moving in a direction to consider ANNEXA nON adding 269 additional parcels to the City's Consolidated Lighting Maintenance District NO. 16 (Annexation No. 16). Despite new installation and changes to the City's street lighting TO CONSOLo system, there have been no additions to the Consolidated Lighting Maintenance District LTG. MAINT. (CLMD) since 1988. Since t988, 110 streetlights outside the CLMD boundaries have DISTRICT been either installed, upgraded, or converted. It has been the City's policy to annex /1 r '10 _ 2<) parcels directly benefiting from said lights into the CLMD if they have not been annexed. Currently the City pays 100% of the cost to operate and maintain these lights. Upon approval of the annexation, the costs will be either shared by the City and property owner, or the property owner will pay the entire cost depending on the zone the property will be annexed into. The cost to the District varies from one zone to another as established by City Council Resolution Nos. 4173 and 4299. RESOLUTION NO. 5959 (ADOPTED) Mayor Kuhn declared the public hearing to be OPEN. No one desiring to be heard, the public hearing was CLOSED on MOTION by Mayor Pro tern Harbicht, seconded by Council member Young, and CARRIED. I It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young, and CARRIED on roll call vote as follows that Resolution No. 5959, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOR- 2 11/5/96 38:0319 I NIA, ORDERING THE ANNEXATION OF CERTAIN PARCELS TO THE ARCADIA CONSOLIDATED LIGHTING MAINTENANCE DISTRICT (ANNEXA nON NO. 16)" be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Kovacic, Young, and Kuhn None None 8b. PUBLIC HRG. - Consideration of an appeal of the Planning Commission's approval of Resolution No. APPEAL OF 1541, adopted on October 8, 1996. granting a Conditional Use Permit (CUP 96-008) CUP 96-008 for a drive-through pharmacy at 200 East Foothill Boulevard. An appeal of the (Drive-through Planning Commission's approval was filed on October 10, 1996, by Mr. Jeffrey G. pharmacy. Winans. The pharmacy as proposed was approved, subject to the condition that the 200 E. Fthl. Bl.) operating hours be 8 a.m. to 10 p,m. daily. The original application, which was filed by (APPEAL John Loper of Evergreen Development Company, requested a Conditional Use Permit to APPROVED) operate a 24-hour pharmacy with a drive-through at the southeast corner of Foothill and o '> ~!' ,," Second Avenue. It is proposed to demolish the Paco's Restaurant on that site and replace it with a 1,900-square-foot building. The site is zoned C-2 which allows a pharmacy; however, drive-through businesses require a conditional use permit as well as businesses proposing to operate 24 hours and are within 150 fcet of residentially zoned property. I Council discussion ensued. In response to Council member Chang, the Community Development Administrator stated that Mr. Winans did not indicate in his appealletler the reason for his appeal of the Planning Commission's decision. It was clarified that the issue before the Council is not a question of whether or not a pharmacy may be located at the site, but rather the drive-through aspect of the pharmacy and the hours of operation. Mayor Kuhn declared the public hearing to be OPEN. In Favor of the Aooeal: JeffreY Winans, 19 Suffolk Avenue, Sierra Madre, stated in part that his appeal is based on the fact that the people who trade and work in the City of Arcadia do not want a drive-through pharmacy placed in the proposed location. He presented a petition containing over t,OOO signatures of peopte who are opposed to the pharmacy, along with another he was given with over 200 names on it. He noted that at the Planning Commission meeting of September 10, 15 to 20 people spoke against the proposal and only the applicants spoke in favor. Mr. Winans expressed concern over the amount of traffic going in and out of the pharmacy. Children are always present in the area; there is a school one block north and a park two blocks south. I In response to a question from Councilmember Kovacic, Mr. Winans explained that he believes a drive-through pharmacy is more dangerous than a restaurant which serves alcohol, considering the number of people going in and out of the pharmacy and the traffic problems created. It is Mr. Winans' opinion that there are too many pharmacies in the area already, and perhaps it is up to Council to limit them. The City Attorney commented that the City is not in the business of regulating the number of permitted uses in any specific zone. 3 11/5/96 38:0320 Nick Roulakis. 212 East Foothill Boulevard, a pediatrician who has worked at this location for the last 15 years, stated in part that the most important issue to be considered is that of safety. He would like to know how many children cross the intersection of Second and Foothill before school starts and when school lets out, and how many cars cross the intersection at those times. He expressed concerns about parking, the two-way drive-through traffic, persons using prescription drugs and driving near his office, and traffic accidents involving children at the intersection. I Gerald Plessner, 59 West La Sierra Drive, stated in part he is concerned about the quality of life in the City. A restaurant on the site in question is preferable to a drive- through pharmacy, which has to bring with it a potential for the purchase of pharmaceuticals for other than purely medicinal purposes. Steve Lewis, 245 East Laurel Avenue, spoke in part of his concerns regarding the high traffic volume and the large number of children in the area of the proposed drive- through pharmacy during the hours before and after school. He is also concerned about crime--there is a dark alley in the area. He would not want to see any type of drive- through business at the location, Lauren Dimen, a pediatrician who works with Dr. Roulakis at 212 East Foothill Boulevard, stated in part that in her experience there is seldom a need to call in prescriptions to a pharmacy after 10 p.m. The need for a 24-hour pharmacy is minimal. In the event of a middle-<lf-the-night emergency, Methodist Hospital's pharmacy is open 24 hours. Ms. Dimen also questions how instructions on taking medications can be properly given in a drive-through pharmacy. I Lisa Skillett, 3121 Shirley Court, Pasadena, slaled in part Ihal a drive-through pharmacy presents more of a threat to public safety than a restaurant. Anyone over the age of 21 may purchase alcoholic drinks; however, drugs cannot be obtained so easily, and that possibly brings in the element of violent crime, shootings, etcetera. Tonv Van Den Bosch, 224 East Laurel Avenue, stated in part his concerns that a 24- hour drive-through pharmacy will affect safety in the area. More people will be coming into the City, bringing more crime to the area. Diane Rios, 208 East Laurel Avenue, spoke in part of her opposition to the 24-hour pharmacy because of the additional traffic it would create and the possibility of traffic accidents involving school children. At other drive-throughs, such as the In-N-Out Burger, traffic becomes backed up on the street waiting to get into the location. Che",1 Roshala, 1014 Burnell Oaks Lane, stated in part that there is already extensive traffic at Foothills Junior High School. There is a Sav-<ln Drug Store across the street; she questioned the need for another pharmacy in the area. She has seen many accidents at the intersection of Foothill Boulevard and Second Avenue. Terri Wright, 234 East Laurel Avenue, spoke in part, that even if the pharmacy's hours of operation are limited, there is always the possibility of extending the hours. Anything thaI is operated 24 hours in that neighborhood will draw people into Arcadia from perhaps one of the worst parts of Monrovia. If the curbs on Second Avenue are painted red, that will encourage parking on Laurel Avenue and make it difficult for her Neighborhood Watch program. which looks into strange cars parked on the street. I 4 11/5/96 38:0321 I Paul Greenwood, 712 Bonita Street, Monrovia, stated in part there is a difference between people going to a restaurant as opposcd to a drive-through pharmacy. He has never seen anyone intoxicated at Paco's Restaurant. A drive-through pharmacy will produce continuous traffic; some customers may cause traffic problems as they try to take the medication they purchase. Mr. Greenwood is worried about the potential for robberies, perhaps leading to a high-speed police pursuit throughout the streets of Arcadia and nearby cities. Kenneth Nichols, who lives in the Lower Hastings Ranch area of Pasadena, is a customer ofPaco's Restaurant who spoke in part about his opposition to a drive-through business in a residential area. A restaurant is more suited to the area. Dr. Alana Szanv, 1101 San Carlos Road, stated in part that Paco's Restaurant represents family values. It is a place where families go for parties. There are other pharmacies in the area, and she feels that another one is not necessary. Ginger Kvndberg. 60 East Bonita Avenue, Sierra Madre, stated in part that she wishes to reiterate what others have 5<1id. Paco's is a restaurant with family values. Another pharmacy is not needed in the area. Sharon Cowell, 154 North Madison Avenue, stated in part she does not want to see Paco's Restaurant leave the area. There are other pharmacies in the area. I Alice Cortinas, 923 North First Avenue, spoke in part of the "tradition" and the wonderful quality of life in Arcadia, and Paco's Restaurant is part of that tradition. She noted that in the past few years she has seen crime on Foothill Boulevard, and believes the proposed pharmacy will create more problems for the area. Jean Locascio, San Gabriel, stated in part that her friend's sons were involved in a traffic accident when crossing the intersection of Foothill Boulevard and Second Avenue. She believes that any business at that intersection \\ill cause additional traffic, and she is concerned for the 5<1fety of children. Tasos Karagias, owner of the property at 212 Foothill Boulevard, spoke in part of the large amount of traffic at that location. He has seen the problems with drive-through businesses, and is afraid that dangerous situations will be created if the pharmacy goes in. Michael Locascio, who practices at 212 Foothill Boulevard, stated in part his concern that drive-through pharmacies send the wrong message to the nation's teenagers-that they can drive to a pharmacy and easily acquire any drugs they desire. Health care needs to be put back into the hands of professionals who can advise, console, and take care of their patients. William Snooker. 667 Canyon Crest, Sierra Madre, goes to Paco's Restaurant frequently with his family. He spoke in part about the high traffic flow in the area of Foothill Boulevard and Second Avenue, and the school children who cross the intersection, sometimes carelessly, Drive-through pharmacies are being closed because of problems with robberies and drugs. 1 John Brewer, 172 Mauna Loa, Monrovia, spoke, in part, on behalf of his elderly parents who live on Floral Avenue and who do not need the extra traffic flow or extra people coming into the area. Due to his work hours, he drives through the intersection of Foothill and Second every day when children are getting out of school. There is no 5 11/5/96 38:0322 crossing guard at that location. He usually sees only one to three cars in Paco's parking lot at about 3 p.m., but that will not be the case with a drive-through phannacy. I Fred Rivera, 321 East Floral Avenue, asked Council to take into consideration the children who must cross the intersection of Foothill Boulevard and Second Avenue. Oooosed to the Apoeal: John Looer, Project Manager of Evergreen Development, the applicant, 2505 Canada Boulevard, Glendale, stated in part that his client is the Walgreen Company, which would be operating the phannacy. He expressed appreciation for the comments and concerns of the citizens. He noted that Evergreen Development is in escrow to purchase the property from the current owner, and replace the restaurant with a 1,900-square- foot, I-story commercial building to be used as a neighborhood pharmacy. Similar pharmacies are operated by Walgreen's throughout the United States. The store will sell only prescription and over-the-counter drugs. The customer may go into the store to wait for a prescription to be filled, or may use the drive-through window to pick up a prescription. Mr. Loper described the design of the building and landscaping of the property, and noted that no traffic will be using the alley as an exit. There are 12 more parking spaces than the code requires. Mr. Loper noted that a typical Walgreen's store operating in Orange County does not use any more than seven parking spaces. Hours of operation will be 8 a.m. to 10 p.m. He noted that other businesses in the area, such as Ralphs Market, Von's, Sav-on, Paco's Restaurant, and McDonald's, have hours of operation in excess of what staff has recommended for the CUP and what was approved by the Planning Commission. Mr. Loper explained that there are visible and invisible security precautions taken by Walgreen's pharmacies, and they have worked very successfully in reducing crime. I BarTY Burnell with T & B Planning Consultants, representing the Walgreen Company and Evergreen Development, commented, in part, that it is estimated there will be 225 vehicle trips into and 225 vehicle trips out of the phannacy daily. However, only 60 to 100 of the trips will use the drive-through. According to the City Traffic Engineer, a 25% decrease in traffic will result with the drive-through phannacy. Rebuttal: Jeffrev Winans spoke in rebuttal to dis.1gree with the opinions of Mr. Loper and Mr. Burnell that the phannacy will enhance traffic safety. The City Traffic Engineer's estimate of 600 in-and-out trips of a restaurant the size of Paco's did not specifically refer to Paco's Restaurant, which does not do that much business. Mr. Winans also spoke of traffic safety problems which will be created by eastbound traffic turning into the pharmacy from Foothill Boulevard, and parents picking up children and then going to the phannacy. No one else desiring to be heard, the hearing was CLOSED on MOTION by Council member Harbicht, seconded by Council member Kovacic and CARRIED on roll call vote as follows. Dr. Roulakis \vished to speak in rebuttal, but was told he could not do so because the public hearing was closed. AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None 1 6 11/5/96 I I MOTION I 38:0323 Council discussion ensued. Mayor Pro tern Harbicht commented that although many people have spoken in opposition to this issue, Council must look at the facts and the particular points which were made. With regard to the comment that another pharmacy is not needed, he noted that this country has a free enterprise system; government does not tell anyone that they cannot open a business. Referring to concerns about traffic, Mayor Pro tern Harbicht noted that the proposed use would generate less traffic than a restaurant. The proposed parking exceeds the City's requirements. As to crime, the Police Chief has reported that no increase in police activity is expected as a result of the proposed pharmacy. Mayor Pro tern Harbicht finds no reason that Council could legitimately deny the proposed use. He will vote to deny the appeal. Councilmember Young commented on heavy traffic which occurs when children are being driven to and ,from school, and the number of semi-trailer trucks which drive to the markets in the area. However, the biggest problem she has is with the drive-through aspect of the proposed pharmacy. Council member Young thinks perhaps the issue of drive-throughs should be on the agenda to be discussed by Council. She believes that having two-way driveways will be very confusing on that comer, and the traffic situation would be helped if the driveways were one way in and one way out. Councilmember Young will vote against the project because of the potential traffic problems. Councilmember Kovacic agreed that because of the amount of traffic, a drive-through is not appropriate at the location in question. He would be in favor of a pharmacy at that location, without the drive-through service windows. In response to Council member Chang, the Community Development Administrator briefly explained access off of Foothill Boulevard and Second Avenue to the drolH>ff window and pick-up windows. Based upon existing traffic counts at other Walgreen drive-through pharmacies, the Community Development Administrator feels that there will not be a problem with traffic backing up into the streets. Councilmember Chang noted that there is a school and a lot of business activity in the area. He believes the drive-through will worsen the traffic situation, and is concerned over the safety of school children in the area. He also feels that there is not much need for another pharmacy in the area, and that should be considered. Crime is also an issue. Council member Chang is not in favor of the Conditional Use Permit for the project. Mayor Kuhn stated that her main concern is the traffic flow of the drive-through. Having lived in the area for a long time and being familiar with the traffic on the comer of Foothill Boulevard and Second Avenue, a two-way drive-through concerns her with regard to traffic safety. She is in favor of the appeal. It was MOVED by Councilmember Young, seconded by Councilmember Chang, and CARRIED on roll call vote as follows to OVERRULE the Planning Commission's approval of Application No. CUP 96-008 and DIRECT staff to prepare an appropriate resolution reflecting the Council's decision and findings in support of that decision. Mayor Pro tern Harbicht pointed out that Council is ignoring facts presented by the City Traffic Engineer which show that traffic will not be increased. Council has an obligation to look at things from a logical, rational standpoint and take the advice of the experts who are available to them. Mayor Kuhn responded that she believes that a logical concern is the configuration of the traffic on the comer, not necessarily the numbers. Councilmember Young commented that all that has been done to make the comer safer still does not necessarily make the street safer. Councilmember Kovacic noted that the only objection is to the drive-through aspect. However, if a motion were made to approve the Planning Commission's decision except to eliminate the drive- 7 11/5/96 38:0324 through, the matter would not come before Council. since a CUP is not required for pharmacies in the C-2 zone. I AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn Council member Harbicht None 9. AUDIENCE PARTICIPATION Fred Jahnke. II Hacienda Drive, thanked the City Clerk for her assistance in a campaign issue. Mr. Jahnke stated, in part, that he would like the City Council to review and revise whatever City ordinances there may be relative to signage. He is concerned that there are numerous signs posted on vacant property, specifically, the Foulger Ford property and the Arcadia Lumber property. Another COncern is that many "Measure M' election signs posted on the front lawns of residential property were placed in the public right-of-way. Two "Yes" signs on Mr. Jahnke's property were removed by the Police Department, while other signs were not removed. Mr. Jahnke wondered if he had been singled out for special treatment by the Police Department because of his decision regarding Measure M. Further, he believes that residents should be advised, properly and well in advance, as to what they can and cannot do with election signs on residential property. The City Manager stated, for the record, that no City department or staff took sides on the election. Both sides had signs picked up for being illegal. The issue of enforcement of signs is one which Council has been debating for years and will probably be debated for many years to come. Mayor Pro tern Harbicht noted that the problem with signs posted on private property such as construction sites is that the owners do not often visit the property and remove the signs. He fcels that when signs are posted on a resident's front lawn, if they happen to encroach on the public right-of-way, that should not be a basis for removing them. Perhaps there should be more specific guidelines and a . modification of the political sign regulations to deal with the issue. Councilmember Kovacic agreed that there should be review of the situation, and suggested the City's policy with regard to signs be publicized before any election. The City Attorney stated that he and the Community Development Administrator have prepared and recently circulated memos On the issue of signs. They have worked On some revisions 10 the political sign ordinance and the procedure of removing non-political signs on vacant lots. The memos will be recirculated, and staff will proceed further if Council desires. Councilmember Young suggested any information prepared for the public should be available at the Library and the Chamber of Commerce, as well as City Hall. Councilmember Chang commented the police should have had the courtesy to notifY the property owner to remove the signs. I Drew Krvnicki, 321 Le Roy Avenue, stated in part his opinion that Council should not adopt the resolution on tonight's agenda which supports and encourages horse racing at Santa Anita Park. It will not put the Council in a good light if a new company buys the property and decides not to continue horse racing. The shareholders are the ones who will decide what will be done with the private property, not City government; and Mr. Krynicki does not believe the City should be taking sides. Cliff Goodrich, Arcadia resident and President of Santa Anita, stated in part he believes that the City Council, in adopting the aforementioned resolution, would not be taking sides but would be expressing their desire to keep live horse racing in the City, no matter who is the O\mer of the race track property. I 8. 11/5/96 I 10. ALFORD (Election results) KOVACIC (Chamber Mixer, Craft Fair) YOUNG (Fire Chief swearing.in) (Calendar suggestion) (Library parking lotlMasonic Lodge) I (House at 931 Hampton Rd.) KUHN (Annual Fall Cleanup) (Free fIrewood) (Meeting holline) (American Heart Walk) 11. 1 ROLL CALL 38:0325 MATTERS FROM ELECTED OFFICIALS The City Clerk announced that the County Clerk's office in Norwalk will release semi- official election results. Absentee ballot results will be available after 8:30 p.m., and copies of precinct results will be available at the County Clerk's information counter after 10 a.m. on November 7. The certified election results of the City's special election on Measure M will be formally presented to Council at its regular meeting on December 3. Council member Kovacic recently attended a Chamber Mixer at the Arcadia Historical Museum and the Craft Fair and Carnival at the County Park, and enjoyed both very much. Councilmember Young noted that in the Weekly Calendar, an announcement of the swearing-in ceremony for the new Fire Chief did not mention that the date, which the public should know, is November 18. Council member Young commented that she would find it helpful if it were noted in Council's calendar the Fridays when City Hall is closed. Council member Young asked about the Library parking lot and its use by the Masonic Lodge. The City Manager stated that an agreement has been finalized and sent to the Masonic Lodge organization. Many people have called Councilmember Young regarding the condition of the house at 93 I Hampton Road. The City Manager noted that permits have been issued to new owners to finish the construction. Council member Young has received comments from residents that too many things are not within code, and they suggest taking down part of the building. Mayor Kuhn announced that the Annual Fall Cleanup will be held November II through IS. During this week, Newco Waste Systems will pick up special items for removal, such as furniture, appliances, tree trimmings, etcetera. Mayor Kuhn also announced that free firewood is available to Arcadia residents at the Arcadia Service Center on Goldring Road from 8 to I I a.m. on the first Saturday of each month. As a reminder, Mayor Kuhn announced that anyone wishing to obtain information about City meetings and special events may call the meeting hotline at 574-5400, extension 14. Mayor Kuhn stated that she recently attended the American Heart Walk held at the Arboretum, which brought in about $60,000 for the Arcadia American Heart Association. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Harbicht, Kovacic, Young and Kuhn None 9 11/5/96 11a. MINUTE APPROVAL (Oct. IS, 1996} (APPROVED} ADJOURN- MENT 38:0326 On MOTION by Agency Member Kovacic, seconded by Agency Member Young and CARRIED on roll call vote as follows, the minutes of the October 15, 1996, regular meeling were APPROVED. I AYES: NOES: ABSENT: ABSTAIN: Agency Members Chang, Kovacic, Young, and Kuhn None None Agency Member Harbicht (he was not present at the October 15 meeting) The meeting of the Redevelopment Agency ADJOURNED to 7:00 p.m. on November 13,1996. 12. CONSENT ITEMS CITY COUNCIL RECONVENED 12a. MINUTE APPROVED minutes of the October 15, 1996, regular meeting. APPROVAL (Oct.. 15,!996} (APPROVED) (1f7, , , . ~ r' 12b. CONTRACT AWARD (Upper Rancho Area SI. Lt. Conversion Proj. - Job 611) J 12c. STREET CLOSURE (Festival of Bands) (APPROVED) AWARDED contract in the amount of $248,940 to C.T. & F., Inc., for the Upper Rancho Area Street Light Conversion Project - Job No. 611; APPROVED a contingency amount of $62,235; WAIVED any informalities in the bid or bidding process; and AUTHORIZED the City Manager and City Clerk to execute a contract in a fonn approved by the City Attorney. 1 APPROVED closure of specified City streets for the 43rd Annual Festival of Bands to be hosted on November 23, 1996. 12d. !, WORK ACCEPTED all work perfonned by Franklin Construction, Inc., for the Cape Sealing of ACCEPTED Various Alleys within the City - Work Order 601; AUTHORIZED final payment of (Cape Sealing $27,649.40 in accordance with the contract documents. of Various Alleys - Work Order 601) ,J fir; 12e. to'" AWARD 3-YR. CONTRACT (JanitOrial and Porter Services at Various City Facilities) AWARDED a'three-year contract in the amount of $114,540, $114,540, and $115,980 for each of the first three years to D.H. Maintenance Services for Janitorial and Porter Services at Various City Facilities; WAIVED any infonnalities in the bid or bidding process; AUTHORIZED the City Manager and City Clerk to execute a contract in a fonn approved by the City Attorney. I 10 11/5/96 38:0327 I 12f ('I ':1" , CONTRACT APPROVED renewal of agreement with G & S Towing for official police garage storage RENEWAL and tow service from January 9, 1997, through January 8, 2002; AUTHORIZED the (G & S Towing) City Manager to execute the agreement pending approval as to form by the City Attorney. 12g. (l/l', ' 1J CONTRACT AWARDED professional services agreement in the amount of $18,320 to Civiltec A WARD Engineering to provide engineering services for the design of a 12" water line on (12" Water Line Campus Drive from Santa Anita Avenue to Holly Avenue - Work Order 698. Campus Dr. W. O. 698) 12h. See below. 12i. RESOLUTION NO. 5958 (ADOPTED) tJ.... 5l) ,~f. rh!(() .J!) ADOPTED Resolution No. 5958: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVlNG A MAP AND DECLARING THE CITY'S INTENTION TO VACATE THE ALLEY, SOUTH OF FOOTIIILL BOULEVARD AND WEST OF WIGWAM A VENUE; DIRECTING THE CITY CLERK TO FILE SAID MAP IN CITY CLERK'S OFFICE SHOWING SAID ALLEY; RESERVlNG EASEMENTS AND RIGHTS-OF-WAY TO BE EXCEPTED; SETTING A PUBLIC HEARING THEREON FOR DECEMBER 17, 1996; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED." I 12j. RESOLUTION NO. 5960 (ADOPTED) tJ"lMi- 0f' ADOPTED Resolution No. 5960: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF THE PORTIONS OF BALDWIN A VENUE AND MlCHILLINDA AVENUE UNDER THE ATCHISON, TOPEKA AND SANTA FE (AT & SF) RAILROAD WITHIN THE CITY OF ARCADIA AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES FOR THE PURPOSE OF REPAlRING AND PERFORMING A SEISMIC SAFETY RETROFIT." THE ABOVE CONSENT ITEMS 12a through 12g, 12i, AND 12j WERE APPROVED ON MOTION BY MAYOR PRO TEM HARBICHT, SECONDED BY COUNCILMEMBER KOVACIC AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: ABSTAIN: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None Councilmember Harbicht (from approval of the November 13th minutes -. he was not present at the meeting) I 12h. DESTRUCTION Consideration of destruction of obsolete records maintained by the Police Department in OF OBSOLETE order to streamline records management and save space. Section 34090 of the POLICE DEPT. Government Code allows a City department head to destroy records without making RECORDS copies thereof if: (a) the record is no longer required; (b) the record is not less than two (, 13 () .' ,; years old; (c) the approval of the legislative body is given by resolution; (d) the wrinen consent of the City Attorney is obtained. Mayor Pro tern Harbicht suggested a modification to the resolution. He thinks it is only fair to retain documents dealing with 11 11/5/96 RESOLUTION NO. 5957 (ADOPTED) (' /. \ ',l1'f) 13. 13a. PLANNING PROCESSING AND PERMIT FEES OJ.~'.,) - I~' RESOLUTION NO. 5953 (ADOPTED) 38:0328 recognition of positive conduct or minor commendations for the same length of time, five years, as those dealing with letters of reprimand and citizen complaints. I It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young, and CARRIED on roll call vote as follows to ADOPT Resolution No. 5957, entitled" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS," with the aforementioned modification. AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None CITY MANAGER In accordance with Council's direction at its meeting of October I, 1996, staff has reanalyzed the Planning processing and permit fees to look at flat fees versus the initial suggestion of a submission fee plus a not-to-exceed amount. Mayor Pro tern Harbicht asked about the fee adjustments in relation to Proposition 218, should it be passed at teday's election. The City Attorney stated that the fees may be modified or amended accordingly if there were a problem. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young, and CARRIED on roll call vote as follows to ADOPT Resolution No. 5953, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOR- NIA, SETIING FORTH FEES RELATING TO FILING FEES, EXTENSION FEES AND APPEAL FEES FOR GENERAL PLAN AMENDMENTS, TEXT AMENDMENTS, ZONE CHANGES, VARIANCES/CONDITIONAL USE PERMITS, TENTATIVE MAPS, TENT A TIVE PARCEL MAPS, PARCEL MAP WAIVERS, ADMINISTRATIVE MODIFICATIONS, MODIFICATIONS, R-2 AND R-3 MODIFICATIONS, HOME OCCUPATION PERMITS AND COVENANTS AND REPEALING IN ITS ENTIRETY RESOLUTION 5682." I AYES: NOES: ABSENT: Councilmembers Chang, Harbicht, Kovacic, Young, and Kuhn None None 13b. FRANCHISE On February 7,1995, the City Council adopted Resolution No. 5834 which set forth a NEGOTIATION formal franchise renewal process with TCI Cablevision for the renewal of their cable AGREEMENT television franchise in the City of Arcadia. To date, the City and TCI have been (APPROVED) unsuccessful in resolving certain issues involved in this formal process. In an effort to o g expedite negotiation discussions, TCI has requested a move to an informal renewal (0 - .'10 process which allows more flexibility in the way negotiations are conducted. The current franchise will expire on July 5, 1997. Staff suggested Council authorize the City Manager to execute an agreement calling for informal negotiations with TCI. The City Attorney added that a letter and a check for $30,000 to cover part of the renewal process has been received this evening from TCI Cablevision. He advised review by the City's cable television consultant before acceptance. and recommended approval by the Council subject to approval as to form and substance by the City Attorney. /', I .. . 12 11/5/96 I Be. DISCUSSION RE CITY'S POsmON ON POTENTIAL CLOSURE OF SANTA ANITA PARK I} l)1 RESOLUTION NO 5%1 (ADOPTED) I 14. 38:0329 It was MOVED by Councilmember Kovacic, seconded by Councilmember Young, and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to execute the Franchise Negotiation Agreement which allows the City of Arcadia and TCI Cablevision to move into an informal cable television franchise renewal process, subject to minor modifications by the City Attorney consistent with his presentation, AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None For the past several weeks there have been numerous articles published about horse racing, and that Hollywood Park or Santa Anita Race Track might close due to changes in the industry. The City has received many requests from newspapers and citizens asking if the City has an opinion on the potential sale anellor closure of the race track. The City has no jurisdiction over who owns the race track; however, Council may desire to state its position as to horse racing through a resolution. In addition to a resolution prepared by staff, Council member Kovacic presented for Council's consideration a draft of a similar resolution he prepared which includes mention of discussions of the General Plan update and reference to live horse racing. It was MOVED by Mayor Pro tern Harbicht, seconded by' Councilmember Young, and CARRIED on roll call vote as follows that Resolution No. 5961 as presented by Council member Kovacic, entitled: "A RESOLUTION OF 1BE CITY COUNCIL OF 1BE CITY OF ARCADIA, CALIFORNIA SUPPORTING LIVE HORSE RACING AT SANTA ANITA PARK AND ENCOURAGING 1BE OWNERS OF 1BE SANTA ANITA COMPANIES TO CONTINUE TO CONDUCT LIVE HORSE RACING AT SANTA ANITA PARK, ONE OF 1BE NATION'S PRE-EMINENT HORSE RACING FACILITIES," be and it is hercby adopted. AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None CITY ATIORNEY 14a. ORDINANCE The City Attorney presented for introduction and read the title of Ordinance No. 2057: NO, 2057 "AN ORDINANCE OF 1BE CITY COUNCIL OF 1BE CITY OF ARCADIA, (INTRODUCED) CALIFORNIA, AMENDING CHAPTER 3 OF ARTICLE VII OF 1BE ARCADIA f)~ ':._ _ I. MUNlCIPAL CODE RELATING TO RIGHT-OF-WAY ENCROACHMENTS AND REPEALING SECTIONS 7250 THROUGH 7251 REGARDING MISCELLANEOUS 0" /'''. " (', WORK OR ENCROACHMENTS." I , , It was MOVED by Council member Chang, seconded by Mayor Pro tern Harbicht, and CARRIED on roll call vote as follows that Ordinance No. 2057 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn None None 13 11/5/96 38:0330 I 14b. ORDINANCE The City Attorney presented for introduction and read the title of Ordinance No. 2058: NO. 2058 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, (INTRODUCED) CALIFORNIA, AMENDING SECTION 2251 OF THE ARCADIA MUNICIPAL 01.:1". ~ () CODE CHANGING THE MEMBERSHIP OF THE PLANNING COMMISSION FROM SEVEN (7) TO SIX (6)." Mayor Pro tern Harbicht stated that he would like to modiJY the ordinance to include a section slating that as of July I, 1998, the Planning Commission membership shall be five (5) members. Councilmember Young concurred with the modification. It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Young, and CARRIED on roll call vote as follows that Ordinance No. 2058 with the aforementioned modification be and it is hereby be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Harbicht, Young, and Kuhn Councilmembers Chang and Kovacic None CLOSED SESSION Dna </ () The City Attorney announced, "We have some Closed Session items that we're going to go back into. One is pursuant to Government Code Section 54956.9(b) regarding anticipated litigation, and the other one is pursuant to Government Code Section 54956.8 to confer with City negotiators on terms and conditions of a proposed lease involving the Arcadia Chamber of Commerce at 388 West Huntington Drive." I ADJOURN- MENT (Nov. 13, 1996 7:00 p.m.) At 10:11 p.m. the City Council entered the CLOSED SESSIONS, RECONVENED and ADJOURNED at 10:35 p.m. to 7:00 p.m., Tuesday, November 13, 1996, in the City Council Chambers Conference Room for an Adjourned Regular Meeting (Study Session) and to conduct the business of the City Council and the Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of evaluation of properties. ~ ~~~MaYOr Barbara D. Kuhn, Mayor of the City of Arcadia Pro te"!pore ATI'EST: ~d1i~~~ 1 14 11/5/96