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HomeMy WebLinkAboutDECEMBER 3,1996 I I I 38: 0355 .?IIt)- ~-O J.:lO.i q, cc: CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN TIffi OFFICE OF TIffi CITY CLERK MINUTES CITY COUNCIL OF TIffi CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING DECEMBER 3, 1996 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, December 3, 1996. at 7:00 p.m. in the Arcadia City Hall Council Chambers. INVOCA nON Rev. Gary Clark, Christian Center of Arcadia PLEDGE OF ALLEGIANCE Michael Miller, City Attorney ROLL CALL PRESENT: Councilmembers Chang, Harbicht, Kovacic, and Young ABSENT: Mayor Kuhn It was MOVED by Councilmember Kovacic, seconded by Councilmember Chang, and CARRIED to EXCUSE the absence of Mayor Kuhn. PRESENT AnON OF MOCK-CONGRESSIONAL HEARING BY ARCADIA HIGH SCHOOL CONSTITUTION TEAM () IS-O-.5 0 Mayor Pro tern Harbicht announced there would be a presentation by a group of students from Arcadia High School who make up the Constitution Team. Arcadia High School has had a Constitution Team for eight years. and every year the Team has won the Congressional District competition. The Team has been first in State finals twice, and became National Champion in 1993. Mayor Protem Harbicht introduced Ron Morris, the teacher coach of the Arcadia High School ConstitutionTeam and Social Science Department Chair. Mr. Morris then introduced Group 3, one of six groups of the Constitution Team, who answered a question on judicial review, and questions from the Councilmembers. The members of Group 3 were: Anna Chung, Steve Chung, Nathan Flowers-Jacobs. Billy Liu. and Nikka Rapkin. The City Manager presented a brief overview of Student Government Day, held on September 20. Slides were shown of Arcadia High School students in their roles as City officials. The day ended with a mock City Council meeting. The twenty students who participated were: Steve Chung, as Mayor; Oliver Chi, Mayor Pro tern, Ana Banerji, Councilmember; Elizabeth Hwang, Councilmember; Tracy Huang, City Clerk; Marian Chiechi, City Manager; Margaret Ng, City Attorney; Jonathan Lee, Administrative Services Director; Susan Wei, Financial Services Manager; Rita Tong, Maintenance Services Director; Daniel Kwan, Administrative Aide; Janet Lin, Recreation Director; James Park, Police Chief; Sharon Chen, Acting Fire Chief; Steve Byun, City Librarian; Richard Lim, Human Resources Manager; Jack Wang, Community Development Administrator; Lisa Phung, Economic Development Administrator; Dennis Caindec, Senior Citizens Supervisor; Tommy Kuo, Acting City Engineer. Mayor Pro tern Harbicht and Arcadia High School teacher Dr. Ned Sutro presented a Mayor's Certificate of Commendation to each of the students. 1 12/3/96 1. 2. YOUNG (Item 5c, franchise renewal, So. CaI. Water Co.) 38:0356 SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS Councilmember Young noted that the franchise agreement with Southern California Water Company, which services 205 customers in the' southeast portion of Arcadia, expired on November 23, 1996. The City Manager acknowledged that the renewal process on tonight's agenda should have taken place before the expiration date. CHANG Council member Chang asked for clarification of the portion of Wheeler Avenue to be vacated. (Item Sa, The Economic Development Administrator stated that it is the portion that runs east of the vacate portion railroad track to Second Avenue. of Wheeler Ave.) (Item 5d, dedication of private prop.) ORD. & RES. READ BY TITLE ONLY 3. 4. CHANG (Arc. High Sch. Stud. Gov!. Day & Const. Team) KOVACIC (Const. Team) (Joint meeting, Council and Sch. Bd.) (Youth Master Plan Comte.) , YOUNG (Const. Team) With reference to the dedication of private property for public right-of-way purposes on Genoa Street, it was clarified that the corner cut-off area referred to is the southwest corner of Parcel Map 24422, and the northeast corner of Third Avenue and Genoa Street. It was MOVED by Councilmember Chang. seconded by Councilmember Kovacic and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AUDIENCE PARTICIPATION None. MATIERS FROM ELECTED OFFICIALS Council member Chang commented that Student Government Day looked like it was fun, as well as educational, and he was sorry he had to be out of town and missed it. He commended the Arcadia High School Constitution Team for their achievements in competition, and the teachers, coaches, and assistant coaches, including Council member Kovacic, for their hard work. Councilmember Kovacic stated he was very proud of the way Group 3 of the Constitution Team performed this evening. The Councilmembers attended a Jomt meeting "ith the School Board governing board on November 20. and had a very good discussion about children at risk and other critical issues facing the youth in Arcadia. Councilmember Kovacic thanked the City Manager and the School Superintendent for their cooperative leadership in putting the meeting together. Councilmember Kovacic congratulated the Arcadia Weekly and the Sierra Madre News, both of which had detailed articles about the program. Councilmember Kovacic attended, as a spectator, the meeting of the Youth Master Plan Committee on November 26. Council should be receiving some innovative and exciting proposals from the Committee in the months to come. Council member Young wished good luck to the Constitution Team. 2 12/3/96 I I I I I I (Meth. Hosp. Patient Tower) HARBICHT (Revised City Charter) 5. 38:0357 Councilmember Young attended a Methodist Hospital gathering, celebrating the fact that they have reached their $8 million goal and are well on the way to building a new patient tower. Mayor Pro tern Harbicht commented on the new Arcadia City Charter, which includes revisions passed by the voters at the April 1996 election. He commended the City Clerk for her efforts in the preparation of the Charter. CONSENT ITEMS 5a. RESOLUTION ADOPTED Resolution No. 5968: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 5968 OF ARCADIA, CALIFORNIA APPROVING A MAP AND DECLARING THE CITY'S (ADOPTED) INTENTION TO VACATE A PORTION OF WHEELER A VENUE WEST OF SECOND (J:, s-~ _ s: 0 A VENUE; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER () Mi" . '"' 4" OFFICE SHOWING SAID PORTION; RESERVING EASEMENTS AND RIGHTS-OF-WAY (1' t:. P TO BE EXCEPTED; SETTING A PUBLIC HEARING THEREON FOR JANUARY 7, 1997; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED." 5b. RESOLUTION NO. 5966 (ADOPTED) () 15'0 . .:L() 5c. ADOPTED Resolution No. 5966: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA CASTING ITS VOTES FOR MAYOR PRO TEM ROBERT C. HARBICHT TO REPRESENT CITIES WITH PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY." See page 4. 5d. DEDICATION ACCEPTED dedication of private property (comer cut-off) for public right-of-way purposes on ACCEPTED the northeast corner of Third Avenue and Genoa Street (parcel Map 24422). (Third & Genoa, P.M. 24422) O,;;.-y ~ T:i.. 5e. WORK ACCEPTED (1995-96 Valve Repl. Prog. - W.O.607)c_ (;rj/:>~a l> 5f. WKRS. COMP. RATIFIED the Workers Compensation settlement, not to exceed $22,000, for Donald Alcorn. SETTLEMENT RATIFIED (Donald Alcorn) O~..2J _ q:J THE ABOVE CONSENT ITEMS 5a, b, d. e, and f WERE APPROVED ON MOTION BY COUNCILMEMBER KOVACIC, SECONDED BY COUNCILMEMBER YOUNG, AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: ACCEPTED the project for the 1995-1996 Water Services Division Valve Replacement Program, Work Order 607; AUTHORIZED final payment in the amount of $2,385.50 to Vido Samarzich, Inc., in accordance with the contract documents. AYES: NOES: ABSENT: Councilmembcrs Chang, Kovacic, Young. and Harbicht None Mayor Kuhn 3 12/3/96 38:0358 k I FRANCHISE Consideration of recommendation to adopt Resolution No. 5963 declaring the City's intention to RENEWAL grant a franchise to Southern California Water Company to serve the southeastern and eastern (So. Calif. portions of Arcadia and setting a public hearing for January 7, 1997. Councilmember Kovacic Water Co.) asked if the City has options to granting a franchise, such as a competitive bidding process. The (J S ,-() 4 10'5:" City Manager stated that water companies tend to have areas of service, and the City could deny . " a franchise for use of right-of-way, but in that case the City would probably be sued. In response to Councilmember Kovacic, the Maintenance Services Director stated that the proposed 2% franchise fee is the amount normally charged by General Law cities for franchises. A Charter city is not restricted and could charge more. Council member Chang asked why this small portion of the City is serviced by the Southern California Water Company. The Maintenance Services Director Slated it is possible that when that particular portion of the City was annexed, the Southern California Water Company was providing water services and owned the facilities. RESOLUTION NO. 5963 (ADOPTED) ()3'bU - ':3 ,,' It was MOVED by Council member Young. seconded by Council member Chang, and CARRIED on roll call vote as follows that Resolution No. 5963, entitled, "A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY A FRANCHISE TO USE OR TO LAY AND USE PIPES, CONDUITS AND APPURTENANCES FOR TRANSMITfING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER TIIE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN TIIE SOUTHEASTERN AND EASTERN PORTION OF TIIE CITY OF ARCADIA" be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councihnembers Chang. Kovacic, Young, and Harbicht None Mayor Kuhn I 6. CITY MANAGER 6a. REAPPOINT- Consideration of recommendation to reappoint William H. Kern as the City of Arcadia's delegate MENT OF to the San Gabriel Valley Mosquito Abatement District Board of Trustees for a four-year term. WM. R. KERN Mr. Kern has been the City's delegate to the District since 1990. His current term will expire TO MOSQUITO in January 1997, and he has expressed an interest in being reappointed. ABATEMENT DISTRICT OISd .(..JO It was MOVED by Council member Young, seconded by Council member Chang, and CARRIED on roll call vote as follows to reappoint William H. Kern as the City of Arcadia's delegate to the San Gabriel Valley Mosquito Abatement District Board of Trustees for a four-year term. AYES: NOES: ABSENT: Council members Chang, Kovacic, Young, and Harbicht None Mayor Kuhn 6b. 07.,2(!)_..l.tD 5- YR. LEASE Consideration of recommendation to renew a five-year lease with the Arcadia Chamber of RENEWAL - Commerce for City-owned property located at 388 West Huntington Drive. The Chamber of CHAMBER OF Commerce has leased the building for the past 30 years, and the most recent five-year lease will I COMMERCE e~llire on December 12, 1996. The Chamber has asked for another five-year lease at the same BUILDING rate, $400 per month. Staff has attempted to clear up some confusion with regard to maintenance (APPROVED) responsibilities: in the new lease, the interior of the building will be the responsibility ofthe 4 12/3/96 I I I 7. 7a. ORDINANCE NO. 2059 (ADOPTED) f) 'I91!J - qS- 7b. ORDINANCE NO. 2060 (ADOPTED) OS70. 'It} 38:0359 Chamber, the exterior will be the responsibility of the City. In addition, a provision has been added to encourage the Chamber to allow the facility to be used by Arcadia-based business, civic, governmental, and charitable organizations. The Chamber has agreed to an increase in insurance requirements. It was MOVED by Councilmember Kovacic, seconded by Councilmember Chang, and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to EXECUTE a five- year lease with the Arcadia Chamber of Commerce to December 12, 2001, subject to approval by the City Attorney as to form. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic. Young, and Harbicht None Mayor Kuhn CITY ATIORNEY The City Attorney presented for adoption and read the title of Ordinance No. 2059: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE ARCADIA MUNICIPAL CODE REGARDING THE UNIFORM TRAFFIC ORDINANCE." It was MOVED by Councilmember Young, seconded by Council member Kovacic, and CARRIED on roll call vote as follows that Ordinance No. 2059 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Harbicht None Mayor Kuhn The City Attorney presented for adoption and read the title of Ordinance No. 2060: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF DIVISION 7, CHAPTER 8, PARTS 1,2 AND 3, REGARDING STORMW ATER MANAGEMENT AND DISCHARGE CONTROL." It was MOVED by Council member Kovacic, seconded by Councilmember Young. and CARRIED on roll call vote as follows that Ordinance No. 2060 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Council members Chang, Kovacic, Young, and Harbicht None Mayor Kuhn Council member Chang commented that many c1l1zens may not know what pollutants and hazardous materials are. and which should not be dumped into the storm drain system, and they may not know where to dispose of such materials. Perhaps a list of the hazardous materials should be attached to the ordinance and also published in the City Newsletter. Council members Young and Kovacic recalled that they have seen such information in the Newsletter and/or in the water bills which go out to residents. Councilmember Chang noted that failure to comply with the NPDES Permit, which requires City control over the discharge of pollutants, will involve fines and City liability. Perhaps information regarding pollutant discharge should be made more available to citizens; it would be of benefit to both the citizens and the City. Councilmember Kovacic agreed that it should be a recurring theme in the City Newsletter to remind people what not to put in the storm drain. The City Manager added that one day in the future the City will be 5 12/3/96 38:0360 required to spend significant money of its own to go through the next phases of the federally mandated, nonfunded NPDES program. I 7c. ORDINANCE The City Attorney presented for introduction and read the title of Ordinance No. 2061: "AN NO. 2061 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, (IN1RODUCED) AMENDING SECTIONS 8540.4 AND 8540.6(c) OF THE BUILDING AND SAFETY CODE O r-c - RELATING TO THE DEFINITION OF SWIMMING POOL AND SWIMMING POOL , 0 d - 6 S BARRIERS (fEXT AMENDMENT 96-004)." 7d. ORDINANCE NO. 2062 (INTRODUCED) OS"~O.(,,;;' 7e. RESOLUTION NO. 5967 (ADOPTED) onT/j _I'D It was MOVED by Councilmember Young, seconded by Councilmember Kovacic, and CARRIED on roll call vote as follows that Ordinance No. 2061 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Harbicht None Mayor Kuhn The City Attorney presented for introduction and rcad the title of Ordinance No. 2062: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 6220.19, 6325.7 and 6437.1.2 OF THE BUSINESS LICENSE SECTION OF THE ARCADIA MUNICIPAL CODE RELATING TO BOUTIQUES AND CRAFf SHOWS (fEXT AMENDMENT 96-003)." It was MOVED by Councilmember Chang, seconded by Councilmember Young, and CARRIED on roll call vote as follows that Ordinance No. 2062 be and it is hereby INTRODUCED. I AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Harbicht None Mayor Kuhn The City Attorney presented for adoption and read the title of Resolution No. 5967: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING COMMISSION'S TIE VOTE OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 96-010 FOR AN EATING ESTABLISHMENT WITH SEATING FOR 50 PERSONS AT I WEST DUARTE ROAD." Condition No.6 of the resolution grants a parking modification for 55 parking spaces in lieu of 116. CounciImember Kovacic asked if that modification only applied to the proposed EI Polio Loco restaurant, or to any fast-food restaurant which may go in at the location. The Community Development Administrator stated that a Conditional Use Permit is issued for a use, and so it pertains to any fast-food restaurant which is operated under the specific conditions of approval as listed in the resolution. Council member Kovacic pointed out that it was stated by the applicant that the EI Polio Loco restaurant would generate less traffic because of its pricing structure than other types offast-food restaurants. The Community Development Administrator stated that a CUP can be rescinded if there is cause to show noncompliance with the conditions of approval or if a problem is created. In that case, a public hearing would be held for consideration by the Planning Commission. I 6 12/3/96 I I I YOUNG (Memory of Ben F. Smith, Jr.) ADJOURN- MENT (Dec. 17, 1996, 6:00 p.m.) 38:0361 Councilmember Kovacic recalled that at the close of the public hearing on November 19 regarding this matter, Condition No.7 regarding restricting the driveway on Santa Anita Avenue to entrance only was removed. Mayor Pro tern Harbicht recalled it was done so by his motion. It was Councilmember Chang' s desire to follow the recommendations of the Acting City Engineer and make the driveway on Santa Anita an entrance only, place a stop sign at the exit to Duarte Road, and provide offsite parking for employees of the business. Mayor Pro tern Harbicht commented that the action of the Council was to remove Condition No.7. The Community Development Administrator believes it was an error that Condition No.7 was not removed from the resolution. Mayor Pro tern Harbicht recommended adopting Resolution No. 5967, removing Item No.7, and after the minutes of the November 19 meeting are received and the full Council is present, the matter can be revisited. For the record, the City Attorney described Council's action as a conditional approval subject to review of the minutes. It was MOVED by Councilmember Kovacic, seconded by Councilmember Young. and CARRIED on roll call vote as follows that Resolution No. 5967 be and it is hereby ADOPTED, subject to removal of Condition No.7 and review of the November 19, 1996, minutes by the full Council. AYES: NOES: ABSENT: Council members Chang, Kovacic, Young, and Harbicht None Mayor Kuhn . Councilmember Young adjourned the meeting in memory of Ben F. Smith. Jr. "I first knew Ben in Little League Baseball days where he was a great supporter of the Coast Little League. He died this last week after quite an illness. He was a cement contractor and had done many volunteer cement jobs for the City recreation activities and particularly for Little League Baseball. He leaves a wife of 53 years, Patty; three children, eight grandchildren, and three great-grandchildren. plus his mother, and a brother and a sister. Ben was very, very active in youth activities in the City, and when the Booster Club first gave their award, he and Charles Gilb received one the same night. He also has received the National Recreation Association recognition award some time back, and he was the one that instigated the barbecue dinner for the High School coaches that he held at his place of business for a great number of years. Funeral services were yesterday in Glendora, and the family would appreciate, instead of any flowers, that donations be made to the City of Hope. I adjourn the meeting in memory of Ben F. Smith." Mayor Pro tern Harbicht added, "Anyone in Arcadia who was involved in youth sports in the last two or three generations, you had to know Ben Smith. The annual coaches party that he had down at his plant every year was, for me, one of my favorite parties of the year...a good time...and he's going to be sorely missed by our entire community." At 8:31 p.m. the City Council ADJOURNED the meeting to 6:00 p.m., Tuesday, December 17, 1996, in the Council Chambers Conference Room for an Adjourned Regular Meeting to conduct the business of the Council and the Redevelopment Agency, and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. / ~ f~c//MaYOr tempore AITEST: 7 12/3/96