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HomeMy WebLinkAboutOCTOBER 24,1995 I I I 0110. "'-0 37:0293/0.J'/1- c:.t; CITY COUNCIL PROCEEDINGS ARE 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 OCTOBER 24,1995 The City Council and the Arcadia Redevelopment Agency met in a regular meeting at 7:00 p. m., Tuesday, October 24, 1995 in the Arcadia City Hall Council Chambers. INVOCATION Fr. Joseph Kosevic, Serbian Eastem Orthodox Church of Christ the Savior PLEDGE OF ALLEGIANCE Michael Miller, City Attomey ROLL CALL 1. 1a. ARCADIA FESTIVAL OF BANDS 1b. THOMAS CARR L.A.P.D. (Metal of Valor) 2. PRESENT: ABSENT: Council members Kuhn, Ulrich, Young and Lojeski Council member Chang It was MOVED by Councilmember Ulrich, seconded by Mayor Pro tem Kuhn, and CARRIED to EXCUSE the absence of Councilmember Chang. PRESENTATION Mayor Lojeski presented a proclamation to Jim Burrows, representing the Arcadia High School Music Club and the Arcadia Festival of Bands, upon the 42nd year of the Arcadia Band Review which will take place on November 18. The top 40 high school bands from Santa Barbara to San Diego are invited to participate in this event. It is one of the very few remaining band competitions in California and is considered to be the finest competition of its kind. The Mayor proclaimed the month of November 1995 to be Arcadia Festival of Bands Month. Thomas Carr, Arcadia resident and Los Angeles Police Department Medal of Valor recipient, was presented the Mayor's Certificate of Service. Mayor Lojeski staled that last year in Colorado, on his honeymoon, the building in which Tom and his wife were shopping was rocked by two fiery explosions. Although he suffered heat and smoke inhalation. Tom re-entered the building several times and rescued three people who were trapped inside. For actions above and beyond the call of duty, Mayor LOjeski presented the Mayor's Certificate of Service and offered thanks and appreciation on behalf of the Council and the citizens of Arcadia for an outstanding job well done. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS- REPORTS/ANNOUNCEMENTS/ST A TEMENTS 1 10/24/95 3. ORD. & RES. READ BY TITLE ONLY 0:'/,/. .)d 4. i)>> ~H (,:"4a. BOUNDARY ADJ. BTW. CITIES OF ARC. & MONROVIA AND APRV. OF PRE- ANNEXA. TION AGRMT. (Bluth Dev. & Monrovia) 37:0294 The City Manager reported that construction has restarted in the downtown area of Huntington Drive on the Downtown 2000 Project. After lhe City Council terminated the the conlract with Sully-Miller Contracting Company and authorized bids from olher contractors, lhe Cily retained Sequel Construction, who did the emergency work in the downtown area. They have begun work, and Council will receive more information on the schedule as it is finalized with the conlractor and the merchants in the area. A March completion date is anticipaled. The City Attomey is reviewing legal issues with regard to the conlract with the Sully-Miller Contracting Company. Details are being discussed in closed session at this time, but information will be presented at a future date regarding actions against Sully-Miller for lheir lack of performance. A flier was delivered yesterday to merchants in the area with regard to a time schedule, and they will continue 10 receive updated information. . I QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING CLARIFICATION OF AGENDA ITEMS None. It was MOVED by Councilmember Young, seconded by Councilmember Ulrich 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: Council members Kuhn, Ulrich, Young and Lojeski None Councilmember Chang I PUBLIC HEARINGS Consideration of a boundary adjustment of approximately 3 acres (including two lots) along the northeast City line between the Cities of Monrovia and Arcadia and approval of a Pre-Annexation Agreement with Charles R. Bluth and the City of Monrovia. A request has been filed by Bluth Development for a City boundary reorganization between the City of Monrovia and the City of Arcadia. The boundary reorganization includes portions of lots 15, 16, and 17 of Tract 42936 (Whispering Pines Phase II) referred to as the "sliver" lots or Area 1, and two new lots referred to as the "Point" lot (Area 2) and the "New" lot (Area 3). The Planning Commissionn at its September 26 meeting recommended that theCitCouncil approve the proposed boundary reorganization and zoning of the property toR-M (Residential Mountainous). The proposed boundary line reorganization consists of approximately 2.56 acres located east and south of Tract 42936 (Whispering Pines Phase II in the City of Arcadia). The property included in the boundary reorganization will potentially result in the construction of two new dwelling units in Areas 2 and 3. Prior to improving the boundary reorganization, lhe City of Monrovia required that Mr. Bluth sign a Pre-Annexation Agreement which would insure that any potential impacts from the construction of these dwelling units would be mitigated. In discussing this request with both the Fire Chief and the Water Manager, Community Development staff determined that the, City can provide the necessary fire and water 2 I 10/24/95 '37:0295 I services to the two new lols. The Fire Department and Water Division conditions of approval have been ,incorporated in the staff recommendalions set forth in the October 24, 1995 report. The City Attorney and Development Services staff have reviewed and approved lhe content of lhe Pre-Annexalion Agreemenl signed by Mr. Bluth. The boundary readjustment process consists of six steps, two of which have already been accomplished: (1) A Resolution of Detachment from the City of Monrovia; and (2) a report from the Planning Commission as to the desirability of the annexation and lhe zoning classification 10 be placed thereon. The four remaining steps are: (1) City of Arcadia approval of lhe Pre-Annexation Agreement; (2) adoption of a resolution by the City Council consenting to lhe annexation; (3) concurrent with the annexalion of the property the City Council shall classify the property for zoning purposes; and (4) upon receipt of the resolution from lhe City of Arcadia, the Local Agency Formalion Commission (LAFCO) will process the reorganization. Staff recommended approval of the proposed boundary reorganization and property rezoning wilh the following conditions: I 1. That the City Council approve the Pre-Annexation Agreement. 2. Compliance with all conditions set forth in lhe Pre-Annexation Agreement if approved by the Arcadia City Council. 3. That the General Plan designation for Areas 1, 2, and 3 shall be Single-Family Residential 0-6 dwelling units per acre. 4. That the zoning designation for Areas 1, 2, and 3 shall be R-M (Residential Mountainous). 5. That fire safety requirements shall be complied with to the satisfaction of the Fire Chief including but not limited to: (a) Gallons-per-minute fire flow at 20 pounds per square inch. (b) A hydrant shall be located within 300 feet of proposed structures on the two new lots. (c) Each new lot shall be accessible by a 2D-foot-wide access road with tumaround or hammerhead or other similar access approved by the Fire Chief. (d) There shall be a 20D-foot greenbelt around all structures or other fuel modification as approved by the Fire Chief, 6. Arrangements must be made with the Water Division for new water service to the two new lots, and the developer must pay all costs associated with installation of new water service. 7. The property owner(s) shall be responSible for submitting all documents and pay all related fees for the boundary reorganization with LAFCO. 8. That upon approval of the annexation by LAFCO, the property owner shall file a lot split (parcel map) for Areas 1 and 3 with the City of Arcadia and that an access easement shall be provided and subject to approval by the City of Arcadia, and utility services (including sewer) must be in accordance with utility companies and City of Arcadia requirements. I The Deputy City ManagerlDevelopment Services Director presented a short video for Council's information showing the areas that are involved in the proposed City boundary reorganization between the City of Arcadia and the City of Monrovia. Mayor Lojeski declared the public hearing OPEN. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ulrich, seconded by Mayor Pro tem Kuhn and CARRIED. 3 10/24/95 37:0296 It was MOVED by Mayor Pro lem Kuhn, seconded by Councilmember Young and CARRIED on roll call vote as follows to APPROVE the request for a reorganization of the easterly City boundry adjacent to the Whispering Pines Development (Phase II) Tract 42936, subject to the conditions listed in the October 24, 1995 staff report; AUTHORIZE the Mayor to enter into a Pre-Annexation Agreement with Charles R. Bluth and the City of Monrovia, and DIRECT staff to prepare the appropriate resolution consenting to annexation and lhe appropriate ordinance zoning the property R-M (Residential Mountainous). I AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang () ,~c)-.o~-4b. O'-(<{rJ -01 ~PUBLlC Consideration of the 1994 Code adoptions and amendments to the Uniform Building, - HEARING Electrical, Plumbing, Mechanical, Swimming Pool, SPA and Hot Tub Housing and 1994 Conservation Sections of the Arcadia Municipal Code. CODE ADOPTIONS On July 1, 1995, the Califomia Building Standards Code (CBSC) was adopted by the & AMEND. State and will become effective on January 1, 1996 for local enforcement. The Uniform (APPROVED) Housing Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Plumbing Code, Uniform Conservation Code and National Electric Code will become effective upon adoption by the City Council this date. The California Municipal Code (UMC) was not published until August 23, 1995 and will become effective on February 23, 1996 for local enforcement. The 1994 Uniform Fire Codes were adopted by the State on July 1, 1995 and will become effective January 1, 1996. All of the above codes have been completely reformatted into a common code format established by the Council of American Building Officials. This reformatting has not changed the technical content of I the codes which are presently in effect; however, the reformatting requires that the City's Building and Fire regulations be completely renumbered and reformatted. The Development Services Department and Fire Department are recommending approval of the proposed amendments as set forth in the October 24, 1994 draft regulations. In answer to Council member Young's question, the Development Services Director explained that when a house is sold, any remodeling that has been done must only conform to the code in effect at the time of the remodel. The City Attomey added that in sorne situations proper notice is given to those affected by a new code and they are given a specified amount of time to bring the particular situation into compliance. This is especially true with provisions involving public safety, such as changes in swimming pool fencing regulations. The Inspection Services Manager noted that nothing has changed or is new in the codes; there is only a reformatting. The City of Arcadia does not have any regulation which requires the resale of houses to be subject to anything additional as some cities do. This is basically a "housekeeping" revision. He explained that the amendrnents are in effect at this time and are being inserted into the proper places in the ~ formatting. Mayor Lojeski declared the public hearing OPEN, No one desiring to be heard, the hearing was CLOSED on MOTION by Mayor Pro tem Kuhn, seconded by Councilmember Young and CARRIED. It was MOVED by Councilmember Young, seconded by Council member Ulrich and CARRIED on roll call vote as follows to ADOPT the 1994 Uniform Building, Plumbing, Mechanical, Swimrning Pool, Spa and Hot Tub, and Fire Codes with amendments, and I the 1993 National Electrical Code, with amendments; and DIRECT staff to prepare the appropriate ordinances for adoption at a later meeting. 4 10/24/95 1 'I I 5. ()f.:2d.,),O FON. fIIsl> 6. I' , " ': " ;1 37:0297 AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang AUDIENCE PARTICIPATION JoAnn Scott, 609 Fairview Avenue, stated in part that she is Vice President of lhe Board of Directors of the Arcadia Public Library Foundation. She has been asked by Jesse Vanlandingham, President of the Foundation, to give a report on lheir last quarter campaign in their goal 10 raise $1,200,000 to enhance lhe fumishings of the Public Library in its expansion and renovation. This is the first full quarter of the Foundation's existence. As of September 30, 1995, $261,685 has been raised in cash, pledges, and pending grant approvals. "Money banks" have been placed in several locations around the City to collect change. Another way in which money can be donated to lhe Library Foundation is through United Way contributions if they are indicated for that purpose. Progress in the collection of Library Foundation funds is shown on a thermometer in front of the Library. Santa Anita Realty Enterprises is hosting a Day at the Races on October 28 for the benefit of the Public Library Foundation. Mr. Vanlandingham may be contacted for tickets. Bob Harbicht, 663 Gloria Road, stated in part that he has had concems about the Downtown revitalization project from the start. The project is based on tuming downtown Arcadia into a walk-around retail shopping area, with sidewalk cafes, art galleries, boutique dress shops, and things of that kind. Mr. Harbicht stated that he does not believe that downtown Arcadia, with 30,000 cars going through it every day, can be tumed into the kind of place where people are going to sit on the sidewalk and have lunch. He has no problem with spending money on revitalizing the downtown area, just with the direction in which it is going. There are three trends in retailing today: enclosed shopping malls such as Santa Anita Fashion Park; outdoor shopping malls such as the one in Monrovia where Mervyn's Department Store is located; and "big-box" retail such as Price Club and Home Depot. Downtown retail shopping has been dying for 30 to 40 years, and it is almost impossible to find a city that has a healthy downtown retail shopping area. Mr. Harbicht noted that the consultant who was hired to help with this project said that 90 percent of the cities that have tried to revitalize their downtown areas into retail shopping areas failed. Yet that consultant recommended the project, saying that all those other cities had done it wrong. Mr. Harbicht asked why are we fighting the trend which has been so clear for so many years. It was originally estimated that it would take $4,000,000 to make the area attractive enough to bring people to the shops. 1\ is now a $8,000,000 project, and there is another half-million dollars requested on tonight's agenda to pay for consultant services needed to finish the project. And when the project is cornpleted, the buildings are going to look exactly as they look today. 1\ is not the landscaping, sidewalks, streets, or crosswalks that are unattractive; however, the $7,000,000 is being spent on those things. Mr. Harbicht asks that the City Council take another look at the feasibility of the project. Instead of a retail area, perhaps downtown could go with the trend that has been there for a long time, which is a small office area and the kinds of businesses which serve small businesses.' In that case, the kiosks, palm trees, and other things planned for the area would not be needed. Council has a responsibility to see that money is spent properly, If after taking another look at the project Council decides this is not the way to go, it has the right to stop the project. MATTERS FROM ELECTED OFFICIALS 5 10/24/95 :)1 :cJ N,SI' YOUNG (Garden Show Arboretum) ., J KUHN (Student Gov1. Day, Arc. Day at the Races, Tour of Dam) o I ~- ,/ -It'l (Water Qual. tV, p Auth. Mtg.) (League of Calif.Cities Con f.) 37:0298 Councilmember Young commented that the Garden Show at the Arboretum this past weekend was delightful. It was attended by almost 32,000 people. I Mayor Pro tem Kuhn complimented the Community Relations Officer for her work in making Student Govemment Day on October 6 a lot of fun. The Chamber of Commerce Arcadia Day at the Races on October 6 was also very pleasurable. On October 7, 8, and 9, at the invitation of Frank Forbes, Director of the Upper San Gabriel Valley Municipal Water District, Mayor Pro tem Kuhn and others visited Parker Dam, the aqueduct, and the construction site of the new Domingo Dam near Hemet. It was a very interesting experience. Mayor Pro tem Kuhn noted that, as the City Manager has suggested, she would like to have Council meet with Larry Glenn, the newly elected board member of the Water Quality Authority, to discuss the City's concems and observations about the Authority's operations and management. The City Manager stated that Council may want to discuss setting a date for a study session to cover the matter of the Water Quality Authority and several other items. Mayor Pro tem Kuhn commented on the League of California Cities Conference in San Francisco October 22-24 which she attended along with Mayor Lojeski, Councilmember Ulrich and staff. The general feeling she came away with was that, due to federal budget cuts, the City's revenues and funds were going to be raided again. ULRICH Council member Ulrich congratulated the Arboretum Foundation for a great Garden (Galllen Show, Show. He considers Student Govemment Day as one of the highlights of his experience Student Gov1. on the City Council. On October 7 Councilmember Ulrich represented Mayor Lojeski in Day, Eagle presenting a Certificate of Commendation to Brian Richard Hubinger at the Eagle Scout I' Scout Court of Honor of Troop 105 of the Boy Scouts of America. He is a third-generation Hubinger) Eagle Scout recipient and is to be commended for achieving that rank. (Holiday Homes Tour, League Conf.) 01 j( c) -.J () LOJE:SKI tV... I ' (Day at the Races) ()L( ;t).. _*.i(P.A.C.E. N I 2000) .}',1 - 16 N.'Y' (Charter Revision Cmte.lCC Representing the Mayor last week, Councilmember Ulrich attended the Holiday Homes Tour introductory get-together of the Methodist Hospital Auxiliary, at which the owners and decorators of four homes were introduced. Money raised will benefit the Methodist Hospital replacement patient tower, and everyone is encouraged to support the project by attending the Holiday Homes Tour on December 8. Council member Ulrich appreciated the opportunity to attend the League of Califomia Cities Conference and thought it was very worthwhile. Mayor Lojeski commented on the upcoming event at the Race Track sponsored by Santa Anita Realty Corporation, as Mrs. Scott previously mentioned, On Saturday, October 28, which is Breeder's Cup Day, the ticket price of $35 per person will include a buffet luncheon, soft beverages, and a program, in the private setting of the Club Plaza. One hundred percent of the ticket price will go toward the $1,200,000 goal of the Ubrary Foundation for furnishing the renovated Ubrary. The Library Foundation therne is "Opening Minds to Shape Our Future: This Friday, October 27 at 5 p.m., the City will begin a new program centered in the mall called P.A.C.E. 2000 (Peaceful Arcadia through Community Effort). Festivities will include demonstrations by the Arcadia Police Department's SWAT team, police vehicles and exhibits, and random prize drawings. The community is invited. Mayor Lojeski suggested the date of November 7 at 5:30 p.m. to discuss the matter of revisions to the City Charter with the Charter Revision Committee, which is ready 10 present a proposal to the Council. As for dates for Council meetings to discuss the 6 I 10/24/95 1 I I Mtg.11-7-95) (Angel's Diner) 7. 37:0299 other ilems, lhese matters could be placed on future Council agendas or combined for special study sessions. Mayor Lojeski asked about the upkeep of the Angel's Diner property at the comer of Huntington and Santa Clara, now that the restaurant has gone out of business. Manager stated that sign age has been removed, and Angel's Diner has been advised that lhe facade must be put back into gOod-appearing condition and the property must be maintained. Councilmember Young was concemed that as she drove by the restaurant this evening she noticed a light in the restaurant and two people inside. This information will be referred to the Police Chief. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: PRESENT: ABSENT: Agency Members Kuhn, Ulrich, Young and Lojeski Agency Member Chang 7a. MINUTE APPROVAL (Sept.26,1995 Oct.3,1995) (APPROVED) 7b. DOWNTOWN 2000 EMERG. WORK (Appropriated additional funds) (APPROVED) O"'~O- Or!ll:., /I was MOVED by Agency Member Young, seconded by Agency Member Ulrich and CARRIED to EXCUSE the absence of Agency Member Chang. CONSENT ITEMS On MOTION by Agency Member Young, seconded by Agency Member Ulrich and CARRIED on roll call vote as follows, the minutes of the September 26, 1995 Adjoumed Regular Meeting (Study Session) and October 3, 1995 Regular Meeting were APPROVED. AYES: NOES: ABSENT: Agency Members Kuhn, Ulrich, Young and Lojeski None Agency Member Chang Report and recommendation for appropriation of additional funds for completion of emergency work and the original Downtown 2000 Streetscape Project for ASL Engineers, Inc., Lawrence R. Moss & Associates, and Willdan and Associates. Agency Member Kuhn noted the additional expense item of $494,440 and asked if there is an estimate of expected future costs. The City Manager stated that, hopefully,. the costs shown in the staff report will be sufficient through to the end of the project, encompassing all past costs for Sully-Miller Contracting Co. and Sequel Construction and expected costs for all of the consultants. Some of the costs were unanticipated due to the fact that Sully-Miller failed to complete the project on time. and thus additional startup wor1t,re-inspedion and re-engineering had to be done. In answer to Agency Mernber Ulrich's question, the City Attorney stated that the City rnay be able to recover some costs in the event of litigation with the Sully-Miller Company. A more detailed report will be given to Council regarding costs and iterns of potential recoupment through litigation, if necessary, or through negotiation if litigation can be avoided. Wrth regard to the additional services for cornpletion of the ASL construction management on the rernaining work, Councilmember Young asked, wasn' that management included in the first contract? The City Manager answered yes; however, in bringing in a new contractor, 10% of what was done before is being done over again. The remaining 90% is already part of the budget. 7 10/24/95 ~b ~()-OiI7c. E.R.N. GATEWAY ASSOCIATES (Htg. Dr. at Fifth Av.) (APPROVED) 37:0300 It was MOVED by Agency Member Ulrich, seconded by Agency Member Kuhn and CARRIED on roll call vote as follows to AUTHORIZE an amendment increasing the I scope of services and the related fees for four Downtown 2000 consultant agreements, and thaI the Redevelopment Agency APPROPRIATE funds in the amount of $494,440 and reimburse the City for these additional consultant costs as set forth in lhe October 24, 1995 staff report. AYES: NOES: ABSENT: Agency Members Kuhn, Ulrich, Young and Lojeski None Agency Member Chang Consideration of a "Draft" Exclusive Right to Negotiate (ERN) between the Agency and Gateway Associates, a development company composed of MHI and the Oak Knoll Group from Pasadena for possible development of property on Fifth Avenue north of Huntington Drive. The ERN sets aside a 235 day period of time within which Gateway and the Agency will study the feasibility of developing the Fifth Avenue Properties. Slaff and Gateway are still in negotiations on the ERN. A final draft will be provided at a meeting for Agency consideration and approval. The Arcadia and Monrovia Redevelopent Agencies have been joinlly marketing a development site which straddles the mutual border between the two cities at Fifth Avenue North of Huntington Drive since the Spring of 1994. The relocation of World Vision (a major property owner at Fifth and Huntington) to the State of Washington and economies of scale afforded by a large developent site have provided an outstanding opportunity to pursue a joint project. In September 1995, Gateway secured an option to buy the World Vision Property in I Monrovia immediately east of Fifth Avenue adjacent to the City of Arcadia. Gateway is one of several development groups who have been WOrking toward acquiring and developing the World Visiion and surrounding properties into a commerciaVretail shopping center. Gateway's option allows them until January 15, 1996 to complete site investigation work and close escrow no later than April 30, 1996. Gateway, having secured an option on the most prominent parcel in the proposed development site, has approached the Agency staff and requested an opportunity to develop the properties on the Arcadia side of the border. In response, staff has prepared a draft ERN for Agency consideration. The ERN governs the relationship between the Agency and Gateway as they work jointly toward a Disposition and Development Agreement (DDA) and ultimate development of the site. If approved by the Agency, the ERN will last 235 days. This time period is divided into three phases; each of which have tasks to be completed, goals to be met and provide an opportunity for the Agency or Gateway to terminate the ERN with no additional obligation to either party. An environmental evaluation including a traffic study will be prepared during the ERN period to assess the irnpact of the proposed developenl. The Agency's expenses take the form of staff time and attorney's fees incurred in document review, negotiations and DDA drafting. These will be paid by Gateway as part of the ERN fee ($10,000). The Executive Director explained in considerable detail the benefits of the proposed I 10/24/95 8 I I I ADJOURNMENT 8. I ,. 37:030l project; at the present time there are vacant and under-utilized properties in lhat area; housing lhat is not quality housing; industrial uses in an area that is no longer industrial; the City receives minimal property tax, based upon the lack of improvements; minimum sales taxes; the area is unsightly, and is not at its highest and best use. Economically the benefits outweigh what the City has there at the present. The City will have a higher property tax structure; sales tax revenues, as well as a better appearing part of the community at the entrance to the City. If the project does not go forward, the area will continue to decline and be a negative drain on the City's image and cash flow. The Agency will be responsible for relocation costs; however these costs are expected to be reimbursed by the developer of the site. Chairman Lojeski noted that he is pleased to see this cooperation between the City and Monrovia. Arcadia has been able to work on a project with Sierra Madre and Los Angeles County to everyone's benefit. Arcadia and Monrovia have cooperated in the past and it has been a win-win situation for both cities. It was MOVED by Agency Member Young, seconded by Agency Member Ulrich and CARRIED on roll call vote as follows to AUTHORIZE the Redevelopent Agency Executive Director to EXECUTE an Exclusive Right to Negotiate with Gateway Associates for the Huntington Drive at Fifth Avenue Project, subject to approval by the Agency Attomey as to form. AYES: NOES: ABSENT Agency Members Kuhn, Ulrich, Young and Lojeski None Agency Member Chang The meeting adjoumed to November 7,1995 at 5:30 p. m. CITY COUNCIL RECONVENED CONSENT ITEMS 8a. MINUTE APPROVED minutes of the September 26, 1995 Adjoumed Regular Meeting (Study APPROVAL Session) and the October 3, 1995 Regular Meeting. (Sept.26,1995) (Oet.3,1995) 8b. 8e. (j .i " () - ,,', RESOLUTION NO. 5881 (ADOPTED) 8d. C ',-''l ~ -If) LA CO ALT. USE PERMIT STORACE TANKS (Co. Park) Considered separately (see below) ADOPTED Resolution No. 5881: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ESTABLISHING FEES FOR SPECIFIC PLANS AND SPECIFIC PLAN AMENDMENTS PER SECTION 9296.4.1 OF THE ARCADIA MUNICIPAL CODE". APPROVED application from the Los Angeles County Parks and Recreation Department for an Alternate Use Permit for above ground fuel storage tanks at the Los Angeles County Park maintenance facility, adjacent to the west entrance of the park on Huntington Drive. 10/24/95 9 -37:0302 8e. ().,f'-l()..)'~ - I EQUIP. PURCH. AUTHORIZED the purchase of a 1/2 ton pickup lruck with a tool box from Loud Ford in 1/2 TON PICK- the amount of $17,210.67 for lhe Maintenance Services Department, Water Division and UP w /TOOL BOX AUTHORIZED the City Manager to execute said contract in a form approved by the City (Water Div.) Attomey. 8f. 0 Jt.{{)., 0 EQUIP. PURCH. AUTHORIZED the purchase of a 3/4 ton pickup with electric arrow board from 3/4 TON Gunderson Chevrolet in the amount of $20,335.51 for the Maintenance Services PICKUP Department, and AUTHORIZE the City Manager to execute said contract in a form (Maint. Serv.) approved by the City Attomey. 8g. Considered separately (see below) 8h. 0.1 <(.)- .3 0 EQUI P . PURCH. WAIVED non-compliance with the specific bid process of the City of Arcadia and FIVE POLICE AUTHORIZED the purchase of five police patrol vehicles from Wondries Chevrolet in PATROL VEH. the total amount of $106,388.27, and AUTHORIZED the City Manager to execute said (Police Dept.) contract in a form approved by the City Attomey. 8i. Considered separately (see below) 8j. Oe'(,),(). 'i ,j I RE-ADVERTISE REJECTED all bids and AUTHORIZED the City Cleril to re-advertise for bids for the FOR BIDS - ST. 1995-96 Water Services Division Street Cut Repaving - W. O. 569. CUT REPAVING (W.O. 569) 8k.O'/.y,) ADVANCE TEL. SYSTEM INSTALLATION AT LIBRARY TO 1995-96 CIP , If) AUTHORIZED the transfer of funds in the amount of $30,000 allocated for the Library Telephone System from the 1996-97 Capital Improvement Program (CIP) to 1995-96; and APPROVED the expenditure of $24,305 for the purpose of installing the Centrex telephone system in the Library. 81. 0 r. ~ () . Cl ,) ~ APPROP. FUNDS AUTHORIZED an amendment increasing the scope of services and the related fees for FOR INC. COSTS the four (4) Downtown 2000 consultant agreements as set forth in staff report dated DOWNTOWN 2000 October 24,1995; APPROPRIATED the funds ($494,440) for, and REIMBURSED the CONSUL TANTS City for the additional consultant costs. 8m. OJ It'U-.' f) PURCHASE OF APPROPRIATED funds in the amount of $5,414.81 from the General Fund; and VOTING BOOTHS AUTHORIZED the purchase of seventy-five (75) voting booths and lights from Election AND LIGHTS FOR Data. In response to questions from Councilmember Young, the City Clerk responded CITY ELECTIONS that this purchase is necessary because the Los Angeles County Registrar- Recorder/County Clerk will conduct the State and Federal primary elections on March I 26, 1996 - two weeks prior to the Arcadia General Municipal Election on April 9, 1996. 10/24/95 10 I I I 8b.07..N.-IO SUBSTITUTION OF SUB- CONTRACTOR BY BERNARDS BROS. CONTRACTOR LIBL'lliY EXPANSION & REMODEL PROJ. (APPROVED) 37:0303 Because of lhe short time span between these elections, the County will not be able to service Arcadia's need for voting booths and lights required for the City election. The booths should be serviceable for ten years for Arcadia Municipal elections every two years, which will result in a savings to the City in hauling costs to deliver and pick up the voting booths and retum them to the County. THE ABOVE CONSENT ITEMS 10a, 10c, 10d 10e, 10f, 10h, 10j, 10k, 101 and 10m WERE APPROVED ON MOTION BY MAYOR PRO TEM KUHN, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang The City's contractor (Bemard's Bros. Construction) for the Library Expansion and Remodel Project seeks to substitute one of their su~contractors (Action Welding Services) because of alleged failure to perform. The construction contract incorporates language from the Public Contract Code which requires a hearing by the City on the prime contractor's request for substitution. Proper notice is also required. In response to a question from Councilmember Ulrich, staff responded that the City received reports from the Construction Manager for the Library Project and through the contractor, Bemards Bros. that there were some problems with one of the su~ contractors, Action Welding Services. The contractor, Bemards Bros. seeks to terminate Action Welding Services. In order to do that procedurally, the su~contractor is entitled to be put on notice, to know the reasons why, and to have an informal hearing to adjudicate the issue. Notice has been given to the su~contractor; they have protested; and a hearing is to be set-up. The contract and the public contract code also provide that the awarding authority (City) delegate or designate a City official to conduct the hearing. Staff is recommending that the hearing be held this week in order to allow Bemard Bros. to provide proof as to why they should terminate Action Welding Service, and to allow Action Welding Service an opporlunity to be heard. This is a requirement by law. This situation has not stopped other work, but has created some problems. The City Manager will designate someone to conduct the hearing on Thursday of this week in an effort to resolve the matter as soon as possible. Fire Chief Gardner (Project Manager) stated that the City has not been advised of any delay to this point. This information will be available after the hearing. !t was MOVED by Council member Ulrich, seconded by Councilmember Young and CARRIED on roll call vote as follows to AUTHORIZE the City Manager or his designee to give the proper notice, conduct the hearing and make a final decision with regard 10 the hearing required by Section 56 of the contract with Bernards Bros. Construction for the Library Expansion and Remodel Project in order to substitute one of the su~ contractors. AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang 10/24/95 11 37:0304 1010 - ,')("} Sg. 06 ~ () - Oo:\GREEMENT Consideration of lhe request to approve lhe Agreement with Los Angeles County for I ARC. /LA CO reimbursement of $400,000 to the City of Arcadia for Downtown 2000 storm drain costs, REIMBURS. OF and transfer to lhe Arcadia Redeveiopment Agency. PORTION OF STO&'1 DRAIN Mayor Lojeski stated that he would like to emphasize the important contribution made SYST. COST by LO$ Angeles County to the City and the Redevelopment Agency toward the DOWNTOWN 2000 estimated $900,000 cost of a new Downtown 2000 storm drain system on Huntington PROJECT Drive and First Avenue. With the help of Supervisor Antonovich, the County has (APPROVED) agreed to reimburse the City in the amount of $400,000. He would like to see suitable acknowledgment and thanks to Supervisor Antonovich and the County. It was MOVED by Council member Young, seconded by Mayor Lojeski and CARRIED on roll call vote as follows to AUTHORIZE the Mayor to execute the Agreement between the County of Los Angeles and the City of Arcadia, subject to any minor modifications approved by the City Attorney; and AUTHORIZE the City Manager to accept the County's payment to the City, and to transfer $400,000 to the Redevelopment Agency for the Downtown 2000 Streetscape project as reimbursement for Agency costs; with appropriate letter of appreciation to the County. AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang ",-(D-/08i. ADVERTISE FOR Mayor Lojeski expressed his concems that the renovation projects for the baseball fields BIDS - RENOV. at Eisenhower and Bonita Parks be scheduled so that they will not conflict with the & UPGRADE schedules of the Arcadia Little Leagues. The Little League teams hold try-outs by the I EISENHOWER & end Of January, 1996 , at which time the practice fields need to be available. The City BONITA PARKS Manager responded that even though the City goes out to bid at this lime, the (JO 6 6(~ (APPROVED) renovation need not commence at that time. Some altemative language can be crafted in the bids. There are some logistical and coordination issues here. When the bids come back and if the Council still has concems, it can reject the bids. Staff recommends that Council go out to bid with these issues under advisement, and before the bid is awarded, hopefully a schedule can be worked out to help the Leagues and solve the maintenance and design issues. It was MOVED by Mayor Lojeski, seconded by Mayor Pro tem Kuhn and CARRIED on roll call vote as follows to AUTHORIZE the City Clerk to advertise for bids for the Renovation and Upgrade of Eisenhower and Bonita Parks, taking into consideration the concems of the Arcadia Little League Directors as to completion date. AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young and Lojeski None Councilmember Chang f'l.3'; (J _/J):Sn. SO. CALIF. GAS. CO. REFUND UTILITY USERS 'TAX (APPROVED) In a decision by the California Public L1tilities Commission, Southern Califomia Gas Cornpany has been ordered to refund certain amounts collected from its customers relating to an over collection of gas costs. This decisiion will impact the amount of utility tax that has been collected for the City of Arcadia, and staff is requesting authorization to refund the corresponding over collection of utility taxes. 10/24/95 I 12 I I I RESOLUTION NO. 5884 (ADOPTED) . 0.3 ",.; ./ oJ I 9. 9a. 9b. 9c. LOJESKI (In M~mory of G~orge Marg~tt) 37:0305 Mayor Lojeski suggested that this presents a unique opportunity for the Council to emphasize the fact that in this instances taxes are being refunded rather than increased. He would like to see this tax refund brought to the attention of the residents either as part of the Southem Califomia Gas Company bills, the City water bills and/or the Arcadia City Newsletter. Council member Ulrich noted lhat the City Newsletter might be more appropriate because water bills to not go to the apartment and condominium occupants. It was MOVED by Mayor Lojeski, seconded by Mayor Pro tem Kuhn and CARRIED on roll call vote as follows that Resolution No. 5884: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING SOUTHERN CALIFORNIA GAS COMPANY TO REFUND THE UTILITY USERS' TAX COLLECTED PURSUANT TO ORDINANCE NO. 1415 AS SUCH TAX CORRESPONDS WITH SOUTHERN CALIFORNIA GAS REFUND AMOUNT BY A CREDIT TO CUSTOMER BILLS', be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilrnembers Kuhn, Ulrich, Young and Lojeski None Council member Chang CLOSED SESSION The City Attorney announced that Council will enter a Closed Session, 'pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the existing workers' compensation cases of J. Clark and L. McDonald vs. City of Arcadia'. "Pursuant to Government Code Section 54957.6 for conference with labor negotiators regarding the Arcadia Firefighters' Association, Teamsters, Management and non- represented employees.' 'Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding existing litigation for damages. Disclosure of the specific case could jeopardize existing settlement negotiation: Mayor Lojeski stated that, "it saddens me to have read in the newspaper the passing of the father of former Councilman, former Mayor, current Assemblyman Bob Margett. It was just a few short weeks ago that I adjourned the meeting in memory of his mother H. who paSsed away, and now his father has succumbed. I would like to adjoum tonight's meeting in mernOfy of George H. Margett who paSsed away October 10, 1995 in Arcadia, Mr. George Margett was survived by two sons, Robert Margett of Arcadia and Ed Margett of Bishop; four brothers; six sisters and six grandchildren. Services were held and performad by Glasser, Miller, Lamb Chapel in, Arcadia. There was private internment at the Calvary Cemetery. In lieu of flowers, contributions may be made in his name to the Alzheimer's Foundation with the Glasser, Miller, Lamb Arcadia Mortuary as Directors. Arcadia has certainly lost another fine, fine supporter of the qualities of life that we have enjoyed in Arcadia. The meeting will remain adjoumed in memory of George H. Margett to November 7, 1995 at 5:30 p. m: 13 10/24/95 3i 06 At 8:50 p. m. City Council ENTERED a Closed Session, RECONVENED and I ADJOURNED at 10:25 p. m. to Tuesday, November 7,1995 at 5:30 p. m. in the City Council Chambers Conference Room for an Adjoumed Reguler Meeting (Study Session) with the Charter Committee, and a Regular Meeting at 7:00 p. m. in the City Council Chambers to conduct the business of the Council and Redevelopent Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. the City of Arcadia ATTEST: ,J I 1 10/24/95 14