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HomeMy WebLinkAboutSEPTEMBER 6,1994_2 I I 0110. \ '" O?::'(;// eX' 36: ~96 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED fu~D ON FILE IN THE OFFICE OF THE CITY CLERK CLOSED SESSION 0110 - .,1,0 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL ORD. & RES. READ BY TITLE ONLY FESTIVAL SANTA ANITA 0' I' .'If') N ~ /1 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 6, 1994 The City Council and the Arcadia Redevelopment Agency met in a regular meeting Tuesday, September 6, 1994 at 7:23 p. m. in the City Hall Council Chambers. The City Attorney stated that, "pursuant to Government Code Sections 54957 and 54957.6, at 5:34 p. m. this evening the City Council met in a CLOSED SESSION for consideration of public employee employment and conference with labor negotiators Dan Cassidy and Gary Rogers regarding unrepresented employees and AFSCME Local 22264, the Arcadia Firefighter's Association and Arcadia Police Relief Association." Mr. Kim Knight, First Reader, First Church of Christ, Scientist Councilmember Barbara Kuhn PRESENT: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS None It was MOVED by Councilmember Lojeski, seconded by Councilmember Margett and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AUDIENCE PARTICIPATION Mayor Young read a statement that, "Festival Santa Anita cannot be discussed by the City Council at tonight's open meeting because it is not on the agenda as required by the Brown Act. Further, consent with the purpose of the Brown Act, many who may wish to discuss the above may not be here ~ecause it was not agendized. A full follow-up report regarding the Festival will be prepared by the City staff for presentation to the City Council and the public. This report is currently under preparation by the Police Department, the City's Project Manger and the noise consultant. Relevant data and information will be documented as part of the report. This is part of the experimental pilot program established to assure future decision making on facts rather than speculation. Pending the final report, and its placement on the agenda, those who may address I 9/6/94 YOUNG (Landfills) (Sanitation District/ Co. Pub. Works Hazardous Waste Collection) (City Liability Report) (League of Calif .Cities AQMD Rep.Voting) (League of Calif. Cit ies Local Mtg.- Rooms) !} f ~ '~).. ~\:,) rJ,',v" 36:0297 ~ the City Council during oral communication need to be advised that no action or discussion can occur at this time. However, pending completion of the documented report, the issue shall be agendized and discussion can occur. This may help some of you tonight if you are here for that subject." Ben Serar, 400 San Luis Rey Road, stated, in part, that he is present to report that the noise levels at the Festival Santa Anita were too high, and that in spite of his complaints, the volume was not lowered. He noticed several police vehicles in the area who were monitoring the sound. He had telephoned the Arcadia Police Department, and Mr. Goodrich at his home. Mr. Goodrich later returned his call. He telephoned the Councilmembers, but only heard answering machines. Apparently the noise consultant was unavailable on Saturday. Additional I noise was caused by an airplane flying an advertising banner for Festival Santa Anita. He would like to receive a copy of the final report, if possible. He requested information from the City Attorney regarding the process needed to revoke the Santa Anita permits. MATTERS FROM ELECTED OFFICIALS Mayor Young stated that she had received a letter from Senator Newton Russell in response to Council's contact with him regarding landfills. He is aware of the Arcadia/El Monte findings, and he will keep this in mind when it is brought up on the Senate floor. Mayor Young stated that the Sanitation District and the County Public Works Department had a household hazardous waste collection held at Santa Anita in August. Two thousand twenty- five participants came from the cities of Alhambra, Arcadia, Bradbury, Baldwin Park, Duarte, EI Monte, Irwindale, Monrovia, Pasadena, Rosemead, San Gabriel, San Marino, Sierra Madre, and Temple City. They collected 1,475 gallons of used motor oil, Il,l51 gallons of used paint, 265 used car batteries, and 291 drums of miscellaneous waste, such as pesticides and pool chemicals. Over 80% of this material will be recycled with the remaining 20% either being incinerated or treated at a legal disposal facility. Mayor Young inquired of the City Attorney as on City's liabilities would be available. responded that it would be available at one October. to when the report The City Attorney of the meetings in Mayor Young noted that the League of California Cities Selection Committee is still meeting and trying to elect a representative to the AQMD from this area. Nell Soto is still a candidate; Laura Bradley from Monrovia is also running. Mayor Young will continue to vote for Nell Soto, unless Council decides otherwise. In response to a question from Councilmember Margett, Mayor Young agreed that the voting system is flawed in that it is necessary to have a majority of cities voting for a candidate. It's a percentage of the population. so it is necessary for a candidate to have the vote of Long Beach, which is one of the largest cities, as well as fifty-two other cities. Nell Soto has missed several times by the vote of only one city. Councilmember Lojeski noted that there is a possibility that Long Beach may open nominations again. He feels that would be counterproductive and encourages Mayor Young to vote a resounding "no" to that proposal. I Mayor Young reminded Council that the League of California Cities Conference is upcoming. Since the meetings are here in Southern California, the policy is that the City will not pay for hotel rooms. She agrees with this policy, with the exception of one day when there is an early morning meeting for voting. She 2 9/6/94 I I MOTION WITHDRAWN MARGET! (Distribution of Unwanted Handbills) (So.Arcadia Vandalism & Thefts) (City Attorney Liability Report) (Report on Insut'ance Practices) (Joint City Council/ SchoOL Bd. Mtg. ) 36:0298 requested permission to reserve a hotel room for that preceding night. Councilmember Margett MOVED to approve Mayor Young's request for payment for a hotel room for one night during the League of California Cities meeting; seconded by Councilmember Kuhn. AYES: Councilmembers Chang, Kuhn, NOES: Councilmember Lojeski (He thinks it is inappropriate because of the closeness of the meeting site, and the time is not such that the City should pay for a hotel room.) The City Attorney interrupted the roll call to state that, according to the Brown Act, Council cannot take action on an item that is not on the agenda. However, there is time to put this Matter on an agenda for future action. Councilmember Margett withdrew the motion, and MOVED that the item be placed on the agenda for the next Council meeting. Agreed by general consent. Councilmember Margett inquired about the City's procedure for controlling the distribution of unwanted handbills. The City Attorney reviewed the procedures whereby residents can add their names to a non-distribution list maintained by the City Clerk. Then if unwanted handbills are received, complaint can be made to the Business License Officer, after which direct contact is made with the company making the distribution. That usually solves the problem. If it repeats itself, municipal code enforcement is possible. Councilmember Margett suggested that a list of people and companies who distribute handbills be maintained. Councilmember Margett is concerned about the big increase of theft and vandalism at businesses in south Arcadia, and inquired what steps are being taken to control this. The City Manager responded that the Chief of Police is endeavoring to coordinate a meeting with the merchants and property owners in the Live Oak area within the next two weeks to discuss the issues, crime prevention techniques, and the options available to them to let us help them and have them help us. Councilmember Margett is concerned about the City losing merchants because of this problem; we have already lost one. Perhaps a reward should be considered to see if that would help curb these violations. In response to a question from Councilmember Margett, the City Attorney replied that each year he prepares an auditor's report of the City's liability experience which is presented to the City Council. A summary of that report has never been made public. There is no problem in doing that. The City's liability experience has been good in the sense of not losing and not paying out large amounts such as other cities pay. This is partly attributable to the City Council's business approach. The report will summarize the last two years of liability experience and will let the public know how the City tries to control it, and that we have been able to prevail based on the policies of the City Council. The public would know where their tax dollars are going since the City is self insured up to $500,000. The report will not deal with confidentiality or specific cases, but will summarize. Councilmember Margett recalled that a report providing an overview of the City's insurance practices is also pending. A consultant had been engaged at one time to prepare such a report for Council. This report should be reviewed in conjunction with the previously discussed report from the City Attorney. Councilmember Margett inquired when the joint School Board/City Council meeting is to be scheduled. Mayor Young replied the meeting will take place after school starts. It will probably 3 9/6/94 MARGETT (Metro Trans. Engr.Co.) CHANG (Property on Winnie Way) (Name Plate) (Joint City Council/ School Bd. Meeting) LOJESKI (City Attorney Liability Report) LOJESKI YOUNG (Sister City Comsn. - Be rl ing- Zehlendorf) f.JloJa 0 (,-(') tJ~ J' (Telecasting of City Events on Access Channel) 36:0299 be held at the high school. Councilmember Margett said he would like to discuss how their construction program is progressing; if money been saved on the building projects; are they on schedule? He would like to see this as an agenda item. ' Councilmember Margett referred to the Metro Transit Engineering Company Report which states that their Company guarantees they can provide a gain to Los Angeles County taxpayers of over $50 billion, and provide a far better transit system than rail transit. The City Manager noted that he has not seen that report. Councilmember Margett requested staff to look into this system and provide a report. Mayor Pro tem Chang replied to a constituent named Mrs. Williams of West Winnie Way, who called him regarding a complaint. He asked the City Manager to look into the matter, and has learned that the house in the 500 block is nothing out of the ordinary; there is nothing the City can do. Mayor Pro tern Chang did not have a phone number at which to contract Mrs. Williams. I Mayor Pro tem Chang stated that his Council name plate had been stolen or lost today. Staff will order a replacement. Mayor Pro tem Chang stated, with regard to the proposed joint meeting of the City Council and the School Board, that his preference for the site is the Council Chamber, rather than the School Board room. The Chamber is a better place for such a meeting because, 1) the City just installed this $200.000 sound and video equipment. and 2) all meetings with Council should be open and public. The new sound system will aid this goal. The meeting should be in the Council Chamber. Councilmember Lojeski stated that he appreciated the Mayor bringing the matter of the liability experience report to Council's attention. He thinks this will be an open, very knowledgeable and an important key issue for the citizens of the community. Councilmember Lojeski noticed in the weekly Council report, a letter dated 9/1/94 to the Mayor of Berlin-Zehlendorf, Germany from the Arcadia Sister City Commission. He has a question of protocol in such a situation. Does this kind of response come from the Commission? What is the protocol? Mayor Young is liaison to the Sister City Commission, and explained that a letter was referred to the Commission by the Los Angeles City Protocol Officer. The Mayor of Berlin-Zehlendorf had written to Los Angeles looking for a sister city. The Protocol Officer felt that Arcadia was more of the size and type of city to fit with Berlin-Zehlendorf, which is a suburb of Berlin. Officials are coming to the West Coast, and this is just to make initial contact with them -- there is no commitment -- they will visit and talk and let them see Arcadia before any official steps are taken. Councilmember Lojeski inquired if the Sister City Commission has permission to expand activities? Mayor Young said they did not have such permission as yet. There is not a question of expanding activities at this time. I Councilmember Lojeski stated that when the previous Council was contemplating telecasting the Council meetings, the concept was also to extend the City's cablecasting facilities in the community for use of other entities, and other events taking place in the community. There were also plans to expand this to an additional commission, which basically would do the monitoring and processing of requested telecasting of such events. Councilmember Margett remembered that there had been a whole package of television communications contemplated. Perhaps there is some paperwork somewhere in City Hall. The City Manager suggested this could be an agenda item for a future meeting in order to bring everyone up to date. Councilmembers Kuhn, Lojeski 4 9/6/94 I I LOJESKI (Arcadia Non- Profit Corporation) OIl!'! . I',! J N'~ I ' (Nordstrom Grand Opening) O>/C;:'-~(J /t/.) , 36:0300 and Margett agreed with this suggestion. Councilmember Margett noted that former Councilmember Fasching had spent a lot of time working on that project, and no doubt would be glad to share his files, and bring staff up to date. Councilmember Loj eski called attention to a booklet, "Arcadia Recycles Every Day". The return address is Arcadia Community Education, Inc., a non-profit Corporation of the City Arcadia. He inquired about this corporation. Staff explained the non- profit corporation return address was used to obtain a reduced bulk rate at the post office. Staff further explained that the City has maintained the status of this corporation over the years, and reports certain documentation to the State each year. It is used primarily for the City Newsletter to obtain a cheaper postage rate. Councilmember Lojeski has had positive comments and words of appreciation from many citizens about Nordstrom and the new wing of stores. The opening ceremonies were very, very impressive. This showed the class the Santa Anita Fashion Park mall has. There were no negative comments. The parking lots have been filled -- all 5800 parking spaces at the mall. Congratulations to the Real Estate Division of Santa Anita; the Hahn Corporation; Fashion Park Staff; Diane Naftzer and her entire staff; the Nordstrom people, as well as the stores in that wing, and the remodeled stores. Congratulations also to City staff who worked So closely with them to make such a great addition to this community. KUHN Councilmember Kuhn added her congratulations regarding Nordstrom (Nordstrom and the remodeled shopping center. It is exciting to see the Grand Opening) parking lots so full. ()-:"... ~~a N51~ MS. SENIOR AMERICA OF CALIFORNIA (Ruth Lubin) l. PUBLIC HEARING Z-94-001 (Highland Oaks Homeowners' Association) (APPROVED) () \ . f ,) - 'I() t)/l/O PRESENTATION OF CERTIFICATE OF COMMENDATION Mayor Young presented the Mayor's Certificate of Commendation to Ms. Ruth Lubin, Ms. Senior America of California, in recognition of an outstanding achievement. In March of this year, Ruth Lubin Was crowned Ms. Senior America of California. To earn her title. she. performed a Balinese dance, shared a wood carving and recited a poem she had composed. In May, Ruth was one of ten finalists in the National contest in Reno, Nevada. Ruth is eighty-three years old; taught art at Arcadia High School for twenty-three years; and continues to teach art at Pasadena City College. Mayor Young said Ms. Lubin is truly an inspiration to all and she was pleased to make this presentation tonight. Ms. Lubin thanked the Mayor and Council. She said that, although the attention is usually on the contests for much younger women, she would encourage women over sixty to enter the Ms. Senior America contest, and to tell them that there is a wonderful future after sixty. PUBLIC HEARINGS Consideration of Zone Change Z-94-001. In May the City received a petition from Carolyn Papp requesting the City to initiate the appropriate zone change to annex approximately 218 homes into the existing Highland Oaks Homeowners' Association. The City Council at its July 5, 1994 meeting directed staff to proceed with the proposed zone change. On August 9, 1994 the Planning Commission reviewed Zone Change Z-94-001 and recommended approval to the City Council, Four properties located at 307A,B,C and D Foothill Blvd. have been excluded from the proposed annexation area at the request of the property owners. In addition, 14 properties between 1500 to 1538 Highland Oaks Drive (Tract No. 15073) have existing Covenants, Conditions and Restrictions which may affect 5 9/6/94 36:0301 their inclusion into the Homeowners Association. The existing Highland Oaks Homeowners' Association extends north from Highland Oaks School to the City boundary and east from Santa Anita Avenue to the easterly City boundary. There are approximately 633 residences within the association. The proposed area to be annexed includes the single family zoned properties bounded by Virginia Avenue on the north, Santa Anita on the west, Highland Oaks on the east extending to the east end of Sycamore and to the commercial properties on the south fronting on Foothill Blvd., excluding the properties located at 307A.B,C & D Foothill Boulevard. All property owners within the designated area as well as property owners within a 300 foot radius of this area have been notified of the September 6 meeting. The Highland Oaks Homeowners' Association Board of Directors voted to approve this annexation which was ratified by their Association membership at their annual meeting on March 9, 1994. The City Attorney and staff have reviewed the existing C, C, & R's of the 14 properties located on Highland Oaks Drive. Pending clarification, it is recommended that the 14 properties within this tract currently be excluded from the proposed zone change of the Highland Oaks Homeowners' Association. They may request annexation at a later date if they are interested. Inclusion of this area into the Highland Oaks Homeowners' Association will require a zone change to add a "0" Design Overlay to the single-family lots within the area. Any additions or alterations to the exterior of any building on a property will be subject to the Homeowners' Association regulations and require approval by the Highland Oaks Homeowners' Association Architectural Review Board. Also exterior alteration plans submitted to the City of Arcadia for plan check must have prior approval from the Homeowners' Association. Mayor Young declared the public hearing OPEN. In Opposition Orman Sartwell, 1501 Highland Oaks Drive, was present to confirm that his property is not one of those to be included in this zone change, and he does not have to join the Homeowners' Association. Staff confirmed that is true. David Backhaus, 1535 Marendale Lane, stated, in part, that he is in opposition to this proposal, does not want to see anything like this go on in Arcadia any more, and urges Council to vote against it. He does not understand why these people are requesting this; nor does he understand why it should be necessary. He feels that such matters can be taken care of by the Planning Commission. He hopes there is some way to stop this; and if not, he wants to know how he can be one of those excluded. In response to questions from Mayor Pro tern Chang, Mr. Backhaus responded that he had not seen the petition that was circulated, and he had only recently learned that the Council was to vote on this matter this evening. The City Attorney responded to Mr. Backhaus' question about excluding his property by stating this is not possible. If the Council passes this legislation. in order to work, it must apply to everyone. The City does not carve out individual properties for owners who do not wish to be part of a homeowners' association. The properties excluded have C, C, & R's under which they are governed. and the properties on Foothill Blvd. have no access along Sycamore, and are actually on a private street with access from Foothill Blvd., so logically they do not fit into this particular area. Charles Chu, 1400 block of Highland Oaks Drive, stated, in part, that this zone change will affect all the property owners if they wish to make any changes to their properties. If he attempts to install an energy panel in his roof, the Association would say no. Also, if he wishes to change the color of his house, the committee would deny it. He should have the freedom to paint his own house the color he wishes. He objects to this bureaucratic 6 9/6/94 I I 36:0302 ... I red tape. He is interested in maintaining the neighborhood, but he objects to this loss of freedom. He urges Council to vote against this change. Councilmember Lojeski explained the appeal process. There have been many instances over the years, when decisions have been appealed from the Architectural Review Board of the Homeowners' Association to the Planning Commission and have been overridden by the Planning Commission. The homeowner associations do not regulate color of paint or type of landscaping. In reply to a question from Mayor Pro tem Chang, Mr. Chu said he had not seen the petition or any proposed regulations which would govern this particular process. Staff noted that there are very specific requirements when homeowner associations are forming regarding the petition and copies of the resolution to be given to the persons who are signing petitions. Mayor Young agreed and said that she lives in that area, and the homeowner association rules and regulations had been explained in great detail. Their purpose is to keep each neighborhood compatible with itself. Mr Chu felt that City zoning codes are sufficient to govern height restrictions, setbacks and side yard requirements, etcetera. Mr. Chu requests to delete himself from the homeowner association in this particular instance. In Favor CarolYn Pann, 1203 Oakwood Drive, stated, in part, that she had circulated the petition under discussion this evening and that she had given each person a copy of the regulations and guidelines regarding the Homeowners' Association. She allowed people to read through them and, in some instances, went back several times to give them more information or additional copies of the regulations. She feels the Association would be a real value to the people in the area as well as an asset to the City. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Mayor Pro tem Chang and CARRIED. I Councilmember Margett stated, in part, that zoning and ordinances do not necessarily mean the same thing as architectural review. In most instances, the review committees approves the requests from the homeowners; but they do catch the odd situation. They do not take away an individual's rights to his property. He is supportive of this measure. Councilmember Kuhn stated, in part, that she understands the feelings of those who are opposed to another layer of bureaucracy. It is one thing to buy in knowing about an association, and it's quite another to feel that it is forced upon you. However, she commends the job the homeowner associations do in the City. From a legal standpoint she feels that she must support this zone change because the majority rules. Councilmember Lojeski stated, in part, that he has been part of a homeowners association all the time he has lived in Arcadia, and has never found it to be too restrictive to a homeowner's creativity. Frequently we find that the homeowner associations are helpful intermediaries between the homeowner and City. They have also been helpful during City Council deliberations regarding fence heights, roofing materials, etc. The proposed action this evening has been initiated by the homeowners, not by the City. He supports it. Mayor Pro tem Chang stated, in part, that when there is a homeowner association, everyone gets together and works for the benefit of the community. He commented at a previous meeting and reiterated that he feels this issue should have a two- thirds maj ori ty instead of just 60%. Any major issue should approved by two- thirds of the population involved. Mayor Young said she has lived in this City for the past forty-five years; for about twenty-seven of those years, has lived in a homeowners' association. Since that time she has lived in part of this lower Highland Oaks area and not in a homeowner association, and has really felt a lack. She is also in favor of the zone change. 7 9/6/94 2. PUBLIC HEARING NUISANCE ABATEMENT (Assessment for City Abatement of Property Violations - 130 Bonita Street) (APPROVED) i' \ 'ol (} . ... '0 36:0303 It was MOVED by Councilmember Margett, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to APPROVE Zone Change Z-94-001 adding a "D" design overlay for single family zoned properties bounded by Virginia Avenue on the north, Santa Anita on the west, Highland Oaks on the east extending to the east end of Sycamore and to the commercial properties on the south fronting on Foothill Boulevard, excluding the properties located at 307A,B,C & D Foothill Boulevard; APPROVE and FILE the Negative Declaration and FIND that the zone change will not have a significant effect on the environment, and DIRECT staff to prepare the appropriate ordinance and resolution for adoption by the City Council at a later date. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I The City Council, sitting as a Board of Equalization for this public hearing considered the cost for cleanup and abatement of the Gidden property located at 130 Bonita Street. On August 3 there was a fire at the rear of the subject property which is adjacent to the alley between Bonita and California Streets. During the investigation it was noted that the property was a fire hazard due to the lack of property maintenance and debris within the yard. In view of the condition of the property, the hot weather, its proximity to other structures between two multiple family projects, and the history of the subject property, it was determined by the Fire and Community Development Departments that an emergency existed. On August 5 a "Notice and Order" from the Fire Department was delivered to the property. The notice indicated that: "it has been determined by the Arcadia Fire Department that the combustible storage on the rear exterior (south) side of your property is in violation of Uniform Fire Code Section 11.302(a). This storage presents a severe fire hazard to your property as well as the properties to the east and west of your lot. Violation of this section also includes dangerous accumulations of rubbish and unnecessary accumulations of waste per U.F.C. 2.205." The letter further stated, "If said fire hazard is not removed immediately, you will be cited pursuant to Uniform Fire Code 3.101. If the City is required to remove the fire hazard, you will be responsible for all costs." On August 8, 1994 an inspection was made and there had been little evidence of any clean up. On August 9, 1994 the City contracted with Interstate Field Services, Inc. to remove the fire debris and hazardous material identified by the Fire Department, cut weeds and haul all debris to the dump. On August 23, 1994 a "Notice of Equalization of Assessment for General Property Clean Up" was mailed to Mrs. Gidden, the property owner, advising her that a hearing has been scheduled for the September 6 meeting for the purpose of "correcting, modifying or confirming" the costs of the property clean up in the amount of $1,277.67, including staff time and assessing these costs against the property. I Councilmember Lojeski commended that fire from spreading to structure next door. the Fire Department for keeping the multi-family residential Mayor Young declared the public hearing OPEN. No on desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Mayor Pro tem Chang and CARRIED. It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows that the City Council, sitting as a Board of Equalization, DIRECT the Director of Finance to send a bill to the property owner for the assessment 8 9/6/94 I I 36:0304 of $1,277.67 as set forth in the staff report. Any bills unpaid at the end of thirty (30) days shall be referred to the Director of Finance for collection per Sections 9406.5, 9406.6 and/or 9406.9 of the Arcadia Municipal Code. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None In response to questions from Councilmember Margett, staff responded that this property has been a long on-going problem; the owner has been extremely uncooperative, up to and including the day of the City ordered clean up. Staff also said that combustible property, debris and dead vegetation had been removed from the property; personal property had not been removed. Councilmember Margett stated that the costs listed for staff time utilized in resolving this situation were underestimated. He reiterated that cost accounting methods are required so the City can be compensated for professional time expended in such situations. SPECIAL PRESENTATION 1. UPPER Robert Berlien, General Manager of the Upper San Gabriel Valley SAN GABRIEL Municipal Water District (former Water Manager and Assistant City VALLEY Engineer for the City of Arcadia) was present to outline the MUNICIPAL "Water Recycle 2000" proposal. The Upper San Gabriel Valley WATER DISTRICT Municipal Water District' was incorporated in 1960, and is a "WATER governmental agency. I t covers approximately 144 square miles RECYCLE of the San Gabriel Valley between Pasadena and Pomona, not 2000" including those two cities. Monterey Park, Alhambra and Azusa are (Robert members of another water district. The primary functions are to Berlien) import water and to recharge the ground water basin to augment D S TO -I, the existing water supply. The District is not a retailer; it does not sell water directly to anybody, but rather acts as a middleman wholesaler importing water from outside the Southern California area. In the District, the San Gabriel Valley uses about 240,000 acre-feet of water per year or about 700 billion gallons. Most of it is produced from wells; nature supplies about 75% through rainfall and runoff water. We are in a constant state of overdraft since Southern California is a desert. The deficiency in the San Gabriel Valley amounts to approximately 60,000 acre-feet per year. This is an amount of water used that nature does not replace. The Upper SGV Water District was created to supply that deficiency. The District also supplies a small amount of treated ground water, primarily to the City of West Covina. The Upper SGV Municipal Water District is a member of the Metropolitan Water District of Southern California, which imports from Northern California and/or the Colorado River. Two years ago Southern California ended a seven year drought which had resul ted in water rationing, surcharges on water bills, the water supply becoming less reliable and more expensive. The population of this area is growing. It is expected that the state population will be 49 million by the year 2020. Water demands are increasing. The State Water Resources Board projects water shortages of up to 4 million acre feet a year in the state by the year 2020. They also project a negative impact on the California economy and jobs. We must institute water conservation programs, and find additional ways to increase the water supply. One means of doing this is to use reclaimed water by water recycling. Recycled water is water that comes from homes and businesses in the SGV through the sewer system. Waste water goes through large pipe lines on its way down to the ocean. It is collected by the Los Angeles County Sanitation District at the system treatment plant in Carson for final treatment before it goes into the ocean. Some of this sewage flow is diverted to waste water treatment plants, 9 9/6/94 36:0305 recycled water plants, where it is treated and goes through a scientifically controlled eighteen hour recycling process. This water could be put to beneficial use instead of being discharged into the ocean. The recycling is done much as it is in' nature , and water from the reclamation plant meets drinking water standards and is good quality water. The use of reclaimed/recycled water is controlled by a number of agencies i.e., the California State Health Department and the Los Angeles County Regional Board. The primary uses of recycled water include direct use for landscaping, crops, play grounds, golf courses, etc. Another use is spreading water on the ground to let it percolate back under ground and become part of the natural ground water supply. Before this area was sewered in the 40's and 50's, that was what happened to all sewage from each house, it went from the septic tanks and percolated back into the ground. We are water deficient in this area now because the sewage is all exported from the area, and we are ending up with a negative balance in our water supply which must be redressed by re-using that water which is presently being exported. I Recycling water is not a new idea. The Central West Basin uses 50,000 acre-feet of recycled water a year. Health effect studies have shown no negative impacts. The Orange County Water District uses a lot of reclaimed water for ground water recharge. The Santa Ana River is 80-90% reclaimed water from sewage treatment plants that are upstream. It ends up in Orange County and percolates into the underground basin, recharges and becomes part of the ground water supply. State policy is that we increase the use of recycled water, and has set goals for increased use of recycled water. The answer to Southern California's water shortage problem is water recycling. "Water Recycle 2000" does not intend to build any kind of water treatment plant, but will utilize the San Jose Creek Water Reclamation Plant. We intend to build a transfer facility or pipe line and booster pump, basically from the San Jose Creek Water Reclamation Plant located at the intersection of the Pomona Freeway and the 605 Freeway, extend the pipeline along the alignment of the San Gabriel River and east side of the San Gabriel River alignment to the spreading grounds at the intersection of the 210 Freeway and the 605 Freeway. That is the area where we normally spread imported water from Northern California and the Colorado River. They plan to take this recycled water from the San Jose Creek Water Reclamation Plant, which has a capacity of about 100 million gallons a day, 50 million gallons of which is presently being wasted into the ocean. The other half is being used by the central basin. We intend to put that surplus water into the pipeline and pump it back into our basin where we can put it to beneficial use. We will dump it on the ground, and let it percolate into the ground, mix with ground water supplies and become part of our ground water supply. We plan to use about 16,000 acre feet per year on a long term average for that purpose. Much less than 10% of the basin water supply would be supplied by recycled water. Before it can get to a production well or be used for municipal water supply, it has to have been in the ground at least six months, 500 minimum feet travel distance, can be no more than 20% of water supply going to any well, and must comply with all health department and regional board requirements. I The pipe line and pump station will cost about 25 million dollars. We would expect that this project will pay for itself by supplying water for less than the cost of imported water. It should eventually be a self funding project which will have many benefits such as lower water costs, drought-proof the San Gabriel Valley, etc. This is the first step toward developing our own local water supplies which will insulate this area from the problems with dependence on securing imported water from Northern California, as well as being environmentally sound. 10 9/6/94 I I ROLL CALL .1. MINUTE APPROVAL (Aug.16,1994) (APPROVED) .>", ,., 36:0306 ... The safety of recycled water is attested to by the U.S. Environmental Protection Agency, the Department of Health Services, Regional Water Quality Control Board, the Los Angeles Department of Health, the Los Angeles County Medical Association. They say that if we build this in accordance with the regulations that they have in effect or propose in the near future, they support the project and see no adverse health effects, Environmental groups also support the project. The Upper San Gabriel Valley Municipal Water District (USGVMWD) Board recently certified the Environmental Impact Report. They are about two and one-half years away from having this project go into operation if the project makes it that far ... these have some opponents to the project. Considerable discussion ensued among the Councilmembers who directed numerous questions to Mr. Berlien regarding the quality controls, effects of possible future drought conditions, possible contamination of the water percolating from the spreading basin to the ground water, the size of the project area, Colorado River water. In response to a question from Mayor Pro tem Chang concerning funding for the project, Mr. Berlien said the USGVMWD has received a grant this year from the Federal Bureau of Reclamation in the amount of $500,000 for the final design, and a two million dollar grant is expected next year for construction, and another two million grant the year after that for construction. A revenue bond issue is expected to supply the remaining funds; revenue from future water sales will pay the debt service on the bonds. In response to a question from Councilmember Margett, Mr. Berlien said that the Water Master is bas ically not supporting the use of treated sewage water for ground water recharge. They may feel that the public is not ready to support that type of process. There would be much more support for the project if the reclaimed water was not to be used for ground water recharge, but just for irrigation, fire suppression, etc. In response to questions from Mayor Young, Mr. Berlien explained that the tax which has been placed on the property tax bills is to raise money for the up-front expenses, and that the authorization for that charge was contained in the 1911 Municipal Water District Act. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None On MOTION by Agency Member Lojeski, seconded by Agency Member Margett and CARRIED on roll call vote as follows, the minutes of the August 16, 1994 regular meeting were APPROVED. AYES: NOES: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None None The meeting ADJOURNED to September 9, 1994 at 9:00 a. m. at the Arcadia Community Center. CITY COUNCIL RECONVENED II 9/6/94 CITY ATTORNEY (Employment Contract) ,",,:(.:l.D. .,;1 rJ~ I' 1. MINUTE APPROVAL (Aug.16,1994) (APPROVED WITH CORRECTIONS) 2. AFSCME SIDE LETTER OF AGREEMENT (APPROVED) ~ ,'J. Ii" 1/(1 , . 'J \ '"., 3. (~ .... ..,'" ~ ADVERTISE FOR BIDS (Motor Control Center Replacement Longdec.s?lant W. O. 522) (APPROVED) 36:0307 -. CONSENT ITEMS The City Attorney commented with regard to Consent Item No.5, Employment Agreement City Attorney, certain language was inserted by Attorney Steve Dietsch to preclude any other council from changing anything decided by this council. The City Attorney believes that any future council would honor the terms of the contract, so he has no objection to deleting the following language. "but in no case less than the highest salary earned by the City Attorney during any annual period during his tenure with the City" from the agreement. It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Margett and CARRIED on roll call vote as follows to APPROVE the minutes of the August 16, 1994 regular meeting, as corrected. I AYES: NOES: ABSENT: Councilmembers Chang, Kuhn. Lojeski, Margett and Young None None The contract between the City and AFSCME represented employees will expire in June, 1995. As part of the budget process, Council reviewed two programs for implementation for miscellaneous employees, one of which was the 2% at 55 retirement option, and the second the implementation of the 9/80 work schedule. In accordance with the bargaining process, the City met with AFSCME and they voted to accept the 2% at 55 retirement program, and City staff is suggesting that this program be initiated for AFSCME as well as other miscellaneous City employees. The second part of this dealt with implementation of the 9/80 program. In order to comply with the air quality standards of the State of California, the City Hall staff went to a 9/80 work week. The AFSCME association requested consideration of the same schedule. After discussion, it was determined they could also work within that schedule without any significant impact upon public service throughout the City, Details of the Side Letter of Agreement, the 9/80 work schedule and 2% at 55 retirement plan are set forth in the August 30, 1994 staff report. It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to APPROVE the Side Letter of Agreement between the City of Arcadia and AFSCME Local 2264. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None '" It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to AUTHORIZE the City Clerk to advertise for bids for the replacement of the motor control center at the Longden water plant - Work Order ~22. ) I AYES: NOES: ABSENT: Councilmember Chang, Kuhn, Lojeski, Margett and Young None None 4. ,',}.)o-,/f) PERSONNEL A number of re-classifications and new positions were included RE-CLASSIFICA- in the City Council adopted FY 1994-95 Annual Budget. The Human TIONS Resources Commission has reviewed and approved the new written (Com.Dev.Adm.; classifications which are presented for City Council Econ.Dev.Adm.; consideration. In response to questions from Mayor Pro tem Plan.Serv.Mgr.;Chang, staff responded that there may be additional re- Insp.Serv. Mgr.; Code 12 9/6/94 I I (CONT'D) Serv.Off. ; Bldg.Clerk; Computer Support Spec.; Dep. Fire Marshal; Fire Inspector (APPROVED) 5. EMPLOYMENT AGREEMENT (City Attorney) (APPROVED) 0"".:1.<:1..'; J 6. PROJECT ACCEPTED (City Council Chamber Re-roofing - Job No. 546) (APPROVED) 0730-1',' " 7. CONTRACT AWARD (Rehabi1. Deficient Storm Drain Pipes Adj. Canyon Rd. & Highland Oaks Dr. - Job No. 534) (APPROVED) 0'1;' I(J 36:0308 classifications at a later time, and explained the Economic Development Administrator requirements. It was MOVED by Councilmember Lojeski, seconded by Councilmember Margett and CARRIED on roll call vote as follows to modify and/or retitle and/or establish the following classifications: Community Development Administrator (Class #1201); Economic Development Administrator (Class #0202); Planning Services Manager (Class #1202); Inspection Services Manager (Class #1302); Code Services Officer (Class #1306); Building Clerk (Class #1310); Computer Support Specialist (Class #1070; Deputy Fire Marshal (Class #2216); and Fire Inspector (Class #2218), AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None This City Attorney Employment Agreement was prepared pursuant to Council direction as part of the goal to accord comparable employment agreements for Council appointed officials (City Manager and City Attorney). Councilmember Lojeski had requested clarification of the language commented upon earlier by the City Attorney. The City Attorney also outlined other provisions of the agreement.. It was MOVED by Councilmember Margett, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows to APPROVE and AUTHORIZE the Employment Agreement for the City Attorney, AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margect and Young None None It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to ACCEPT the project (re-roofing of the City Council Chamber Building) - Job No. 546 and AUTHORIZE final payment to be made in accordance with the contract documents. Ten percent (10%) retention payment becomes due and payable 35 days after the acceptance of the project by the City Council, and will only be released by the Director of Public Works upon completion of all corrections of record. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None It was MOVED by Councilmember Margett, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows to AWARD the contract in the amount of $214,680 to Insituform Southwest for rehabilitation of deficient storm drain pipes adjacent to Canyon Road and Highland Oaks Dri ve Job No. '534; WAIVE any informalities in the bid or bidding process; and AUTHORIZE the City Manager and City Clerk to EXECUTE a contract in the form approved by the City Attorney. In response to a question from Councilmember Margett, staff said only one bid (Insituform Southwest) was received for the project. In response to a question from Mayor Pro tem Chang, staff responded that any work done in the public right-of-way will be repaired as necessary. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None 13 9/6/94 8. RESOLUTION NO. 5816 (ADOPTED) (Tax Revenue for Lt'ng Maine. & Pk'ng Districts) f) ~''''I'~ 1,;;,\' (., ,'-, ,), I'.. 9. AGREEMENT CHAMBER OF COMMERCE/ CITY OF ARCADIA (APPROVED) ~~J,.I""fJ .. 36:0309 Report and recommendation concerning the Street Lighting Act of 1919 and the Vehicle Parking District Law of 1943. It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows that Resolution No. 5816: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE REQUIRED TO BE RAISED FROM PROPERTY TAXES NECESSARY FOR THE FISCAL YEAR 1994-95 TO PAY THE AUTHORIZED MAINTENANCE AND OPERATION COSTS OF THE CITY LIGHTING AND PARKING DISTRICTS" be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City of Arcadia and the Arcadia Chamber of Commerce have had a long, cooperative and mutually productive relationship, However, there has never been a formal agreement between the two organizations defining the responsibilities and expectations of their respective efforts to develop and promote Arcadia's commercial base. The Chamber of Commerce pays $4,800 annually to lease the City owned facility at 388 W. Huntington Drive, In addition, the Chamber is paid $50,000 as a City contribution (FY 1994-95) for various services and programs they conduct which are of particular economic benefit to the community. I Councilmember Margett stated that he is supportive of the Arcadia Chamber of Commerce and thinks they do a fine job. However, he is concerned about the fact that the Chamber leases the building at 388 W. Huntington Drive for $4,800 annually. Therefore, the Chamber is receiving more financial assistance from the City because of lost rents the City is not receiving on that $600,000 building. The cost accounting aspect here should be looked into. This is a similar situation to that of the armory building, which is leased to the School District for $300/month. The Community Center is rented for $200/evening, which is much too low. The City Manager stated that the Chamber of Commerce lease is several years old and is due to expire next year. At that time, Council will have an opportunity to look at the annual lease payment amount as well as the payments the Chamber receives. Mayor Young noted that the $200/evening fee for the Community Center is for maintenance, not rent. It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that the City Council of the City of Arcadia ENTER INTO an Agreement with the Arcadia Chamber of Commerce, and AUTHORIZE the Mayor to EXECUTE the Agreement subject to minor modifications approved by the City Attorney. In response to a question from Mayor Pro tem Chang, Mayor Young said that the Chamber of Commerce Building was built in 1965, I AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None Councilmember Lojeski inquired if it were not conflict of interest for a City Councilmember to also be a voting member of the Board of Directors of the Chamber of Commerce. The City Attorney responded that it would not necessarily be a conflict of interest; however there is the possibility of appearance of conflict of interest. Mayor Pro tem Chang said that he has resigned from the Chamber of Commerce Board of Directors. 14 9/6/94 I I 1. ARCADIA TOURNAMENT OF ROSES ASSOCIATION (Request for Financial Assistance) O/<;'Oo;.;f) 36:0310 CITY MANAGER The Arcadia Tournament of Roses Association has r~quested assistance from the City witl, regard to three mailings they would like to make to Arcadia residents in the near future. This assistance would be in the way of printing and mailing services for mailings that would be used to advertise several of their functions for the remainder of 1994. The Association is promoting the City of Arcadia through participation in the annual Tournament of Roses parade in Pasadena with a City of Arcadia float. The City has had a float in the parade every year since 1915, with the Tournament of Roses Association sponsoring the float since 1966. The Association, as part of the budget presentation this year, requested funding from the City in the amount of $13,250. The last time the Association received City funds was $3,000 in 1975-76. Because of City budget problems during this fiscal year, they withdraw their request for funding in an attempt to help the City balance its 1994-95 budget. Since that time, the City Manager has had some discussions with the Tournament President concerning assistance the City might give to them. The September 6, 1994 staff report presented several recommendations and options as to how such help with mailings could be given the Association. Funds for such assistance would come from the General Fund. Vince Foley, Vice President and Chief Financial Officer and Jack Teel, member of the Membership Committee, Arcadia Tournament of Roses Association presented the request of the T of R Association to the Council, in particular, assistance from the City for three mailings to publicize four events, and general information on Tournament of Roses membership. Considerable discussion ensued among Councilmembers. Councilmember Lojeski did not want to give the impression that there might be a blanket commitment which might encourage other organizations in the City to request financial assistance. However, this request seems to be unique. Councilmember Margett said the Tournament of Roses is doing a wonderful job, and he realizes it must be getting harder each year to raise funds. He suggested using a distribution contractor to deliver the flyers to the residences. This would be less expensive than mailing the flyers. Mr. Foley replied they distribute as many flyers as possible through organizations and City events such as those promoted by the Chamber of Commerce and other organizations. Mayor Pro tem Chang suggested the flyers be inserted into the City water bills, although there may be a problem of timing because the Tournament's events will take place between now and January. Mayor Young was concerned about setting a precedent which would encourage other organizations to request financial assistance from the Council. She was also concerned about this use of funds at a time of budget constraints. Councilmember Loj eski did not think there was reason for concern about a precedent. In the past, the City Council has authorized funds for a number of organizations for a variety of reasons, The City Attorney said such requests can be granted if they are to be used for a City public purpose. Mr. Foley pointed out that the Tournament's activities promote the City of Arcadia. The only way they can reach all the residents in the City is with the help of the City, because the City can use the postal resident mailing which will not only reach all the citizens, but will be cheaper than a regular mailing. Councilmember Loj eski proposed two residential mailings between now and January, to exclude businesses, and at a cost of approximately $7,500 - $7,800, Councilmember Kuhn did not think this to be a proper use of taxpayer money. There are a number of options available to the Council and the Tournament. It was the consensus of Council that the City Manager and Tournament staff will explore these options, try to find the necessary funds, and put the matter on the agenda for the September 20th City Council meeting for a final decision. 15 9/6/94 1. ORDINANCE NO. 2020 (ADOPTED) 6)\ h' t... 2. RESOLUTION NO. 5814 (ADOPTED) ()I.2U . ,f!- 3. RESOLUTION NO. 5817 (ADOPTED) () ~:~O - ~n 4. CLAIM OF C. FAZIO (DENIED) If) "'10 _ ,10 ...." "n, ADJOURNMENT (Sept.9,l994 (9:00 a.m.) ATTEST: J r D. 36: 0311 CITY ATTORNEY The City Attorney presented and read by title Ordinance No. 2020: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE EXCEPTION CLAUSE TO SECTIONS 925l. 2 .12. , AND 9252.2.21., OF THE ARCADIA MUNICIPAL CODE TO PROHIBIT HOUSES FROM HAVING MORE THAN A SINGLE-STORY DIRECTLY ABOVE ANY PROPOSED BELOW GRADE OR SUBTERRANEAN GARAGE IN THE R-O AND R-l SINGLE- FAMILY RESIDENTIAL ZONES". It Was MOVED by Councilmember Margett, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2020 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I The City Attorney presented and read by title Resolution No, 5814: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CREATING AN APPEALS BOARD PURSUANT TO SECTION 19957.5 OF THE CALIFORNIA HEALTH AND SAFETY CODE PERTAINING TO ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS". It Was MOVED by Councilmember Lojeski, seconded by Mayor Pro tem Chang and CARRIED on roll call vote as follows that Resolution No. 5814 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented and read by title Resolution No. 5817: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING RESOLUTION NO. 5608 REGARDING MODIFICATIONS TO CERTAIN FRINGE BENEFITS". It Was MOVED by Mayor Pro tem Chang, seconded by Mayor Young and CARRIED on roll call vote as follows that Resolution No. 5817 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None On recommendation of the City Attorney, the claim of C. Fazio was DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember Margett and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I MATTERS FROM STAFF None At 10:40 p. m. the Council ADJOURNED to 9:00 a. m., Friday, September 9, 1994 at the Arcadia Community Center for an adjourned regular meeting to conduct the business of the Council and the Arcadia Redevelopment' Agency and any Closed Session necessary to discuss personnel, litigation matters and evaluation of properties. P,a~tf~dP7' Ma y . Dung, ayar 16 9/6/94