Loading...
HomeMy WebLinkAboutNOVEMBER 15,1994 1 1 (}IIO _)' ,: 36: 0384/111'9 I C.C CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL AB 1290 (Redev. Reform Bill) ARA 5 - YEAR IMPLEMENTATION PLAN (FY 1994- 1995) yV'~ """. '''' ~,v-':'r"V 17 "5r ()(, _I', .r.) MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 15, 1994 The City Council and the Arcadia Redevelopment Agency met in a regular meeting on Tuesday, November 15, 1994 at 6:00 p. m, in the Conference Room of the City Hall Council Chamber, PRESENT: Council/Agency Members Chang, Kuhn, Lojeski, Margett and Young ABSENT: None PRESENTATION The City Manager/Executive Director stated, in part, that in January of this year, the State of California enacted Assembly Bill 1290, which is the most significant change in redevelopment law in this last decade. Basically, it is more restrictive in many ways, and makes redevelopment agencies more accountable for their actions. As a result of many past abuses, the State legislature is watching redevelopment activities, This action requires redevelopment agencies in the State to also make some changes. The law has changed with regard to housing. The housing fund in California is approximately twenty-two billion dollars. A lot of money is being spent, but also a lot of agencies are not doing anything, In the past Arcadia has not had to do anything with regard to replacement housing, because appropriate findings had been made that the area did not need the housing and the funds were not available. Detailed information regarding the legal and the housing requirements will be presented to the Agency, The program will be called "An Affordable Housing Strategy or Concept." Staff feels that a program can be developed with reasonable goals and objectives to create housing which will meet the needs of Arcadia, and not have the connotation of low income housing. The terms used might be low- income, , . in Arcadia that would be $60,000 for a family of four, which is not "low income" in a cross section of the Los Angeles basin, but that is what low-income means in Arcadia. The Agency must adopt a plan by the end of this calendar year; it need not be submitted to any agency; it is to be adopted and on file here. The State may choose to look at it some time in the future. This does not mean that the plan cannot be changed, but it means the Agency has to create a set of realistic goals and objectives and move toward chern. The penalties can be severe for non-compliance. The basic outline of the issues and numbers will be presented to the Agency and then presented to Council for adoption in a formal hearing at the December 20, 1994 Council/Agency Meeting, The Economic Development Administrator stated, in part, that the major change in redevelopment law which took effect in January was very confusing, Clean-up legislation called SB 732 was adopted as an urgency ordinance in September. Staff has written a long and comprehensive draft plan for the Agency, The housing component is the core of what staff presented to the Agency this date, The law had two major components; the first will affect the time limits of the Agency, and at the last meeting the Council adopted an ordinance which set new limits on the I 11/15/94 36:0385 redevelopment process. The Agency can incur debt only until the year 2004; the redevelopment plan ends in 2014 instead of 2026; debt has to be paid off by the year 2024, The life, of the redevelopment project has shrunk by fourteen years. The second component is the implementation plan. There are five major componerts to the implementation plan. First, goals and objectives must be defined. These have been adopted in the original plan in 1973, Subsequent goals and objectives were adopted in 1985. All of these ~ill be put into the plan. Also, a new definition of blight has been established in AB 1290 which has broadened the definition to include not just physical changes but to include economic problems. The plan includes the original and new conditions of blight, as well as proposed programs and projects, and how they address blight and goals are set to accomplish this objective, The third component is a list 1 of all the programs and projects the Agency can think of. It will be necessary to explain in the plan how these programs address blight and meet the goals set forth. The next item was the five-year implementation plan. Basically, that was a list of what the Agency plans to do in the next five years and how it is to be funded. The Agency at present already has downtown revitalization plans in place -- Downtown 2000, southwest and northwes t corner proj ects, Foulger Ford theater proj ect, Fifth Avenue proj ect, possibly the transit center project, etc, The last component was housing, This is a significant component because the law says it is not necessary to meet the blight test where housing is concerned. Clear performance measures must be established - - something that is measurable and that is consistent with the housing element. Arcadia's element dates from 1990". some of the numbers ate now out of date, 1 t is proposed to update these numbers in the near future. The plan can be amended at any time; but it must be amended at the end of two years to be consistent with the housing element. In five years the process must be done again. Inclusionary housing means that when a redevelopment agency decides to do a housing project in the project area, 30% of the units built must be for low and moderate income people, although not necessarily in that particular project. It just means that at some time 30% or more of units have to be for low and moderate income families. If a project is done by a private developer and the Agency is not involved in it, the developer is required to build 15% of the units for low and moderate income persons. The Agency does not have to meet these requirements because this Agency is a pre-1976 agency; the law changed in 1976. Replacement housing is also not required for this Agency at this time, Starting in 1996, if the Agency tears down a unit, that will have to be replaced on a one-for-one basis within four years, The houses will have to be for the same income level of 75% of the people relocated, Also, this Agency does not have to have a Housing Production Plan which is a mandate of all those agencies that were organized after 1976, The Agency plans to fund the housing program from the low and moderate income set-aside housing fund, The law requires that 20% of annual tax increment be set aside for this purpose, In 1985-86 the Agency went through a long process and made findings of existing obligations, programs, projects and activities that prevent the Agency from setting aside the funds. This finding has been made every year since, The law changed in 1988-89 to the effect that 'the deficit must now be funded. If not funded, the money is owed to the housing fund. At the present time the Agency owes $3,154,000 to the fund, The law also states that the Agency has to find ways to finance that defic it, A financing plan was adopted a few years ago by which the Agency this year will put 25% ($587,500) per year rather than 201 2 11/15/94 1 36:0386 ($470,000); the extra 5% is designed to help payoff the deficit. 1 The State legislature has been upset that the agencies have not been spending money, so they have created a rule called the Excess Surplus Rule, This Agency is $187,000 into what is called the Excess Surplus status. The law says the Agency has one year t,o give it to the Housing Authority, spend it or encumber it, and two years after that to spend it or encumber it, but if, after the third year, the funds have not been spent or encumbered in the sense that it is to be spent the following year, the Excess Surplus requirement ~ill be triggered and a debt penalty occurs. This means that all projects will stop except for housing projects, the Agency must put an additional 50% of the housing set-aside funds into the fund, and administrative costs can only be funded at 75% of the previous year. The Agency, therefore, could be in trouble if it does not take care of the surplus problem this year. The Agency will have to have obligated the $187,000 by this year -- spend it or encumber it where it will be spent inunediately on low or moderate income housing. The Agency has one year after receiving the excess surplus to give it to the County who can use it for Section VIII rent subsidies in the community, After the first year, it can no longer be given to the County, The Plan assumes that the Agency will defer its money next year and will not proceed to a full implementation plan of housing for two years. The redevelopment law is constantly evolving, and the Agency will know more about what to do at a later time and will be better prepared in two years. Staff noted that these funds can be used for housing anywhere it. the City. The Economic Development Administrator explained in detail several charts outlining the Agency's financial status, including debt, outstanding bond issue, monies owed to the City, showing total debt to be approximately $11,900,000; available funds were enumerated for an estimated net of available funds for next year of $4,300,000, $3,800,000 of which are available for the Downtown 2000 Project. Staff also noted that eminent domain provisions of the Agency's plan expire after twelve years in June 1998. The Agency can amend the redevelopment plan, and probably will want to do so. Without that power it would be very difficult to put together any housing or redevelopment projects, I The Economic Development Administratot set forth and explained in considerable detail the proposed five year plan. Staff feels the plan meets the housing relement equirements of the State; the plan balances the needs of low and moderate income housing; will probably meet with general community approval; programs recommended match the money available; and these ptograms have been done by other jurisdictions and the Agency can bortow from their experiences. Staff then described the components of the plan, together with the figures involved in each project, including replacement housing which will be the number one priority, By 1996 the Agency must do a one-for-one replacement of units, and this will be carefully monitored by State agencies, Staff also explained in detail the household income level requirements for very low income and moderate income households; senior housing; first-time homeowners, etc, These projects can be targeted to and restricted to Arcadia residents, The final draft will be available to Agency Members within a week, and will be on the agenda for the December 20, 1994 Council/Agency meeting for review, approval and adoption. It can be amended at a later date if the Agency chooses to do so, Agency Member Margett suggested that, with regard to the housing requirements, it might be preferable to give the money to the County to be used in their Section VIII program, Chairman Young suggested that funds could be used for housing rehabilitation, 3 11/15/94 INVOCATION PLEDGE OF ALLEGIANCE o :J...~ f) . .l..:t NSP EMPLOYEE OF THE YEAR (Kaye Fuentes) ~(1,.,..lt~... ~!('J N},r 36:0387 The City Manager/Executive Director pointed out that all the funds cannot be directed to senior housing. The State, in essence, says "spend the money or we will take it a~ay and put the housing in your city without your approval", The direction is that the Agency shall provide low income housing in the city, At 6:56 p. m. the Mayor announced a RECESS, and at 7:07 p.m, the meeting RECONVENED in the Council Chamber. Cantor David Julian, Temple Shaarei Torah Community Development Administrator, Donna Butler PRESENTATIONS 1 Presentation of annual City employee service awards: Libtary - Carl Bergquist-DeVoe (25 years); Kathy Meacham (20 years); Jacqueline Faust-Moreno, Janet Mallen, Hripsime Pilavjian, Mike Polifka (10 years); Mike Germroth, Mary Beth Hayes (5 years), Fire Deot. - Bob Madden (25 years); Bruce Marschall, Jim Devlin, John Wade (20 years); Andy Troncale, Bill Britt (15 years); Bob Gattas, Tom Silcott (10 years); Todd Morehead, John Beveridge, Don Smith (5 years). Administrative Services - Lucy Pablo (15 years); Nancy Collier, Gail Koch (10 years); Janet Snow (5 years). Police Deot. - Dan Morgan (30 years); Louise Brandsma, Rudy Blum, Don Alcorn, Ron Bailey (25 years); Tim Mutray, Ed Winter (20 years); Ron Buckholtz (15 years); Bob Bolduc (10 years); Marlene Russell, Jim Blacklock, Larry Weston, Joanne Rizzuto, Pam Nakamura, Patrick Moore, John Pruitt, Ron Seman, Larry Morrow (5 years). Public Works - Joe Lopez (5 years); Ron Carle (30 years); Carol Thompson (25 years); Sam Delgado, Gil Drew (20 years); Ed Castano, Mark Bufkin, Manny Molina. Don Bruce (15 years); Frank Bretz, Dan Rodarte (10 years); Melissa Ornelas, Tim Kelleher, Randy Diez (5 years). Community Develooment Deot, - Corkran Nicholson, Becky Pike (15 years); Don Stockham (5 years). City Attorney - Lisa Melendez (10 years) City Clerk - Bette Storm (10 years); Mary Neill (5 years) The City Manager acknowledged the Exceptional Service Committee: David Bell, Chair, Recreation Dept.; Carl Berquist-DeVoe, Co- chair, Library Dept,; Rich Brown, Fire Dept.; Rudy Blum, Police Dept.; July Williams, Finance Dept.; Cindy Moore, Community Development; and Ray Montoya, Public Works Dept. The City Manager then described the accomplishments of and introduced the Exceptional Service Committee's selection of Employee of the Year Kaye Fuentes, Purchasing Officer, Administrative Services Department. Mrs. Fuentes was presented with a City plaque proclaiming her to be the 1994 Employee of the Year and a check in the amount of $500. I At 7:27 p,m. Mayor Young announced a RECESS, after which, the City Council RECONVENED at 7:35 p.m. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS The City Attorney corrected a typographical error in the election report regarding a potential charter revision concerning dates for a general municipal election in the Matters from Elected Officials segment. 4 11/15/94 I I 36:0388 QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS ORD. & RES. READ BY TITLE ONLY O~() . ,'! (J Nj/' Od-IO . .-in N(~ None MATTERS FROM STAFF None It was MOVED by Councilmember Margett, seconded by Mayor Pro tern Chang and CARRIED that ordinances and resolutions be read by title and that the reading in full be WAIVED. AUDIENCE PARTICIPATION Robin Latourneau, 1371 West Cypress Street, stated, in part, that she is a Police Officer ~ith the City of Arcadia, and the newly appointed President of the Arcadia Police Relief Association (APRA) , and that the former President of the Association, Sergeant Harry Verhiley, was suddenly medically retired by the City last month. The APRA membership and Officer Latourneau want the Council to know that their outlook and position in regard to negotiations has not changed. They will continue moving in a direction they feel is in the interests of the Association. Currently, they are engaged in an educational campaign with the citizens, and have received overwhelmingly posi tive feedback from the community. APRA is willing to negotiate. Bruce Smith, Arcadia Police Department, stated, in part, that he is in charge of negotiations for the APRA. He is present to rebut the recent Council "statements made through the City Manager's office and the press. He wishes to clarify to the public the issues at hand, and respond to Council excuses for not moving forward with issues of general concern to the public. The City Council has stated that "they are desirous of reaching an agreement with the APRA; however budget difficulties prohibit any monetary increases, and concern for officer safety prevents the 3/12 work week from being a viable alternative". Under the current proposal, a minimal monetary commitment of only $70,000 is needed to implement this conttact. This is less than 2% of total compensation with none of the money going for salaries. APRA is not asking for a salary increase. Also, if pay increases are prohibitive, why were funds available in the amount of $50,000 to establish the position of Administrative Aide at the Fire Department? He thinks Council should take care of the employees that are already here. This attitude is one of the reasons the City Hall employees are attempting to unionize - - we are all tired of being treated this way. He feels there is not an employee in the City, let alone the Police Department, who would not be willing to give up the awards presented tonight for a Council that genuinely cared about them and acted positively on the issues that concern them. As to officer safety and the 3/12 work week, there is no evidence at all that there is a fatigue factot with this method of staffing, Overwhelming evidence has been presented that there is no fatigue factor, and that this type of staffing is more effective, putting more officers on the street at times of increased demand. to better serve the public, as well as showing potential to be more cost effective than the current method of staffing. Dispatchers in the City work a twelve hour day, and they are responsible for keeping track of all emergency personnel and equipment in this City. In the event of an emergency, the department goes to twelve hour staffing with days off cancelled, Council's argument does not hold up, It has been announced that the City Council cannot respond to questions from the audience because the issues of concern wete not On the agenda. APRA attempted to put the items on the agenda, but was 5 11/15/94 O"-IO-.J 0 11/.5(' O~/()- ;,; () rJr, I' 36:0389 told negotiation items could not be discussed in open forum. The best audience he can get with the publicly elected officials on a controversial matter is two five minute periods per month, when Council cannot respond to him nor to the citizens of this communi ty. Council is attempting to present APRA as the unreasonable bad guys in this issue. The issue of additi~nal holidays is to bring the Police Association in line ~ith other employees in the City. Now Council has stated that wi th Chief Johnson's pending retirement, it would be more appropriate for the new chief to analyze department staffing needs. In October 1993, the Association submitted the 3/12 work schedule proposal to the City Manager in response to the City soliciting ideas to save City money, Due to the MOU between the City and APRA, it was felt that the I negotiation period would be more appropriate to discuss this , matter. Here in Novembet 1994 after the issue has been btought to the negotiating table as recommended by the City Manager's office, Council wants to wait to see what a new chief has to say. Chief Johnson has been an Arcadia Police Officer for thirty-eight years, and Chief for nine and is obviously well aware of staffing needs. Why would a new chief who has no background with the City be better qualified to make a decision on staffing than a chief ~ho has thirty-eight years with the City? Chief Johnson released a memo on November 7 to police personnel, "I would be willing to try the 3/12 program for a trial period. My feelings about that issue have not changed", The APRA is sticking to the truth and presenting the issues to the public openly with documentation to back them up. He submitted copies of letters and petitions from concerned business people in Arcadia. Steven Silver, Attorney for the Police Relief Association, stated, in part, that when he spoke before Council at its last meeting he asked questions of Council but did not receive answers. The City Attorney advised that this is not a forum for interrogation. Mr. Silver's questions have been answered many times in written form and at the negotiation table. Mr. Silver may ask questions, but Council is under no obligation to be interrogated. This has been the custom and practice of the Council for at least 20 years, With reference to the 3/12 work schedule, Mr. Silver asked what qualifications does Council have to enable them to make a decision regarding the staffing and scheduling of the Police Department. Mayor Young interjected to reiterate that, in accordance with rules of practice, Council is not obligated to answer during this part of the agenda. Mr. Silver may ask to have this matter put on the agenda in the form of a public hearing, at which time Council may speak. Mr, Silver continued his questioning concerning Council's qualifications with regard to making decisions as to a work schedule for the Police Department. He commented that if the police officers cannot obtain answers from Council, the Council may have another opportunity to do so. I Steve Wolf, Arcadia Police Department, stated, in part, he has spoken before Council at meetings on October 15 and November I, 1994, and is speaking tonight in the hope that his words are being heard. He stated his fears: That he is not being listened to: that Council has failed the City residents insofar as providing effective law enforcement; that Council has placed itself above and out of reach of those who elected them: that an alternate agenda has been put into place due to the Police Association's lack of public support for the current members of Council at the last election. Officer Wolf stated that Council is ignoring Chief Johnson's attempt to implement a work schedule, and referred to a memorandum sent by the Chief, He wonders why the Police Department is being stonewalled in its negotiations. He asked that a contract be worked out, and for an end to the feud that is going on. 6 11/15/94 O.:V() -..3(1 1\1\1' I 0>.20 -,'" 0 r/\I' I 36:0390 Charles D. Chauman, 24-year Arcadia Police Officer. 250 West Huntington Drive, stated, in part, that he is worried about the future of the City, in that the current Council has not generated much in the way of sources of income for the City. He referred to the plans for Downtown 2000, a $2,250,000 project, and wondered if employee benefits and salaries are going to be withheld to fund that project. , , Lvle Wilson, 1701 South Sixth Avenue, stated, in part, that he is speaking before Council for the third or fourth time regarding this matter. He is not a police officer. He has written three letters to Council but has received no replies. Mr, Wilson has spent several evenings passing out fliers in the community to generate interest in what is happening with regard to the Council and APRA. He believes the efforts will come to fruition in the next few weeks. He does not understand why Council will not meet and negotiate with the Police Association. Mr. Wilson does not believe that the APRA's requests for permission to use uniform allowance for items other than uniforms is unreasonable, nor is their request to be brought on parity with other City departments with regard to holidays off. Leon Warren, representing the senior element of the community, stated, in part, he also would like to know the answers to questions which have been asked. Council is a group of people elected to make decisions which affect the community, but they are alienated to the needs of what law and order requires. He feels that Council's priorities are not in order. The cost of the Police Association's requests amounts to $70,000, compared to the beautification of the downtown area at a cost of $2,000,000 to $4,000,000. He requests that Council reexamine their decision. Athena Gioia, wife of Arcadia Police Officer, stated, in part, that the Fire Department has received a multi-million-dollar fire station. The Police Department received a portable, modular trailer. A new million-dollar fire truck is currently being built for the Fire Department. All this during the time when the City claims it has no money. The $70,000 cost of the Police Department's requests is a small amount compared to the money spent for the Fire Department. The Police Department has been asking for weeks to return to the bargaining table for further negotiations. She noted that when the Fire Department asked the same thing at the last Council meeting, they were contacted within three days and returned to the bargaining table. She asked, "Where is the equity, where is the good faith bargaining, and where is the fairness?11 Don Kouu, 541 Valido Road, stated, in part that he wished to speak about the property at 533 Valido Road, ~hich has been a matter of discussion on other occasions. He would like to bring Council up to date from a neighbor's standpoint. On April 19, 1994, the City notified the owner of the property at 533 Valido Road to abate the public nuisance. On May 17 the Council adopted a resolution requiring the owner to correct and remedy the situation at the property, and allowed 90 days for that to be done. At that time, the property was declared a public nuisance. At the end of the 90-day period, an additional 30 days was allowed for the owner to correct the ptoblem. On October 18 a resolution was adopted by the Council, who notified the owner that serious progress needed to be made or the City would proceed through the City Attorney to take this matter to court. It has been seven months of various notifications to the owner to correct the problem, and nothing has been done. It is understood that on Friday, November 18, the City Manager will recommend to Council whether or not to proceed with the police power the City has to remedy the situation and have the property demolished. Mr. Kopp believes this power must be exercised to protect the health and welfare of the citizens of Arcadia. 7 11/15/94 (J .;',~O - ':'~1 N>~ {).2ICJ.,sO N.s.t~ 36:0391 The City Attorney explained that the resolution adopted on October 18 requires the property owner to enter into a written, binding agreement with the City to commit to a rehabilitation and/or demolition program. That agreement is in a final form. If it is signed by Friday, which is a deadline for that agreement, and if it is satisfactory to the City Manager and the City Attorney consistent with Council's resolution, progress will begin.' If no agreement is executed by Friday, the City will go to court to take the necessary remedial steps. There has been much effort in trying to work with the property owner, and there have been some problems due to circumstances beyond anyone's control. But progress has been made with the new attorney representing the property owner. The City Attorney offered to provide Mr. Kopp with more specific information if he would contact the City Attorney's office. I Mr. Kopp reiterated that it is time fot some effort on the part of the owner to do something after seven months, and nothing has been done. Anyone can see the condition of the property; the trash, the garbage, and the dead rat carcasses still remain in the house and have been there for at least seven months. He emphasized that perhaps it is time for the City to exercise its legal police powers to proceed. The City Attotney replied that using police powers to deal ~ith a person's residence and property rights can be very time consuming. Every effort is being made so that when action is taken it is successful. Declarations may be needed from Mr. Kopp and other neighbors to support the City's position if the matter goes to court, and their cooperation would be appreciated. Tom Stephenson, 525 Valido Road, stated in part that he would like to hear from the Community Development Administrator as to the progress that has been made in this matter. He is a neighbor to the south of the subject property. A tarp has been placed over the holes in the roof of the house to prevent rain from going into the house. However, he has seen no progress in removal of debris from the house. The Community Development Administrator has acknowledged to Mr. Stephenson that for every box of debris brought out, the owner took a box back in. Mr. Stephenson feels there has been nothing removed from the house. The City Attorney stated he would like Mr. Stephenson to attend a meeting with the representative of the property owner so he may see what is being accomplished, and perhaps give his input. The City Manager suggested a meeting with the neighbors to go over all of the issues, since this is a very complicated matter, Mr. Stephenson reiterated there has been no physical ptogress on the property. The City Attorney explained that the City is attempting to get into a position by Friday where there will be physical progress with a time schedule that must be adhered to. If that is not accomplished by Friday, then the matter may go to court. Gene Gioia. a resident of Arcadia and a sergeant with the Arcadia Police Department, stated in part that, with regatd to the matter just spoken to, Mr. Kopp is claiming inaction by the Council, and this is similar to the problems that the Police Department is facing with the Council. He has noticed that while the City Attorney and the Council gave a response to Mr, Kopp and Mr. Stephenson, when Mr. Wilson and Mr. Silver asked for responses, at that time it wasn't the policy of the Council. Sergeant Gioia is concerned about the status of the current negotiations, both as an employee and as a citizen. As an employee, he is concerned because of the negative impact this situation has on the City and the Police Department. Residents are attracted to the City because of the fine school district, and also because of the feeling of safety and security that the Police Department provides to the City. Most members of the Police Association feel that the Council does not appreciate their efforts, and therefore the Council is not willing to I 8 11/15/94 36:0392 ..., negotiate with the Association. This creates poor morale, which breeds unhappiness and discontent within the ranks. I As a resident, Sergeant Gioia and his family rely on the services of the Police Department, and it worries them that the police officers must put effort and concentration on this situation instead of focusing their attention on other problems within the City. Sergeant Gioia stated that the Police Association is not asking for a pay raise. There is an impasse with the City over five issues: (1) The 3/12 work schedule. which will cost the City no additional money, but is projected to save money in overtime costs and will put more officers on the street during peak hours. (2) Police Association members currently receive six holidays per year. They would like three additional floating holidays, ~hich would put them in line with City Hall employees. No additional funds would have to be budgeted for this item. (3) Time and a half pay is requested for overtime work. (4) The Association is requesting that officers be allowed to use the funds budgeted for uniforms for the purchase of other safety equipment. (5) Officers are asking for half-time pay when they are subpoenaed for on-call status. None of these requests include a pay raise, but they do improve working conditions and motale, and provide for a more effective way of doing business. The proposal for a 3/12 work schedule was presented to the City in October 1993, at which time the response was that this matter be saved for wage negotiations. It was presented as a negotiable item during wage negotiations. On October 13, 1994, a Councilmember was quoted in the Los Angeles Times as saying that such a change should be made by a new Police Chief. The Police Association was told that the City had not had enough time to study the issue. The Police Chief has stated that he is willing to try the 3/12 plan on a trial basis, as is the Police Association. Sergeant Gioia stressed that all the items listed are requests, issues to be negotiated. There has to be compromise, give and take on both sides. He feels that currently the City is not allowing this process to occur. He urges Council to reconsider its position, and to keep in mind that these items are negotiable. The Police Association is willing to compromise, and suggests the 3/12 work schedule be undettaken on a trial basis. The Police Association looks forward to hearing from Council in the near future, and hopes they may meet at the negotiating table again to work out a compromise that is favorable to both sides. I Kimberlv Whalen, wife of an Arcadia police officer, asked why Council gave a response to the gentlemen ~ho spoke regarding the property on Valido Road, but stated it is not custom to respond to questions tegarding the situation with the Police Association. She asked if she would receive answers regarding her husband's questions if she called Council. The City Manager stated that the City has issued several press releases regarding its position on this matter over the past several months. Labor relations are not conducted in a public forum any mote than are land negotiations. That is an understood practice. With regard to questions asked this evening as to ~here funds come from for the Downtown 2000 Project and the Administrative Aide in the Fire Department, the City will be happy to explain these facts to the Police Association and/or the negotiating team. As to the question asked regarding the qualifications of City Councilmembers, they are elected officials who take recommendations ftom staff on all matters, gather facts, and make a decision, Those are their qualifications. They may accept, rej ect, or modify staff's recommendation. 9 11/15/94 LOJESKI (Closed sessions) 0110 YO N\~' (Cablecast meetings) C" " :1 g /(,,0.,">(' ILl ~-;-\ 36:0393 Comments have arisen as to why ans~ers to questions regarding the labor negotiations are not being received. The City Manager explained that this is the process of labor negotiations. Council has stated its position. The City is willing to go back to the negotiating table to discuss details of the process, make Sure that positions are understood, and te-represent them t~ Council. The Council has not closed the door to negotiations, but have stated that at this point they are not ready to move forward based upon the facts they have received to date. Mr. Silver asked if he might be allowed to respond to the comments made by the City Manager. -Mayor Young stated it ~as up to Council. Councilmember Margett noted that Mr. Silver has already appeared at the podium this evening to address the matter of labor negotiations. This issue could be debated I endlessly. In the best interest of carrying on with the meeting, once at the podium is sufficient. Members of the audience began commenting and interrupted Councilmember Margett, Mr. Silver asked to hear what Councilmember Margett had to say, Councilmember Margett stated that he has enjoyed many sociable times with members of the Police Department. However, he believes that the personal aspect of this issue must be set aside. He cannot find any support for the 3/12 program. Councilmember Margett referred to an ad placed in the Pasadena Star-News by the Police Association asking for the public's support and publishing Councilmembers' telephone numbers. Just as some members of the Police Department who spoke this evening do not want their addresses or phone numbers put into the public record, he pointed out that Councilmembers have a Constitutional right to privacy for their protection. Having been in the construction industry for 35 years, Councilmember Margett stated that, according to workers compensation records, there is more risk to the lives of roofe'rs and demolition people than there is by the police department employees. Councilmember Margett reitetated that Council is not permitted to talk about labor relation issues at this time. The City Attorney advised Mr. Silver that the City's labor negotiator, Mr. Cassidy, may be contacted, and that is the propet forum to go through. There is other public business to be conducted tonight, and at this point most of what is being said is repetitive. Mr. Silver stated he still desires to respond to what has been said by the City Manager and Councilmember Margett. Mayor Young polled Councilmembers as to how they felt about this request. Councilmembers Chang and Kuhn were not opposed to Mr. Silver's speaking if no questions were asked. Councilmembers Lojeski, Margett, and Young were not in favor of his continuing to speak. Mayor Young so informed Mr. Silver; however, he refused to leave the podium. Mayor Young called for him to be removed, and Chief Johnson escotted Mr. Silver ftom the podium to a seat. MATTERS FROM ELECTED OFFICIALS I Councilmember Lojeski commented that if there is a closed session item on a Council agenda, the best place to have the closed session would be at the end of the Council meeting. Otherwise, during the cablecasting of the meeting there is a break, and viewers have no idea how long the closed session might be. As a matter of courtesy, these closed sessions might be held at the end of the meeting, or before the scheduled 7 o'clock meeting. Councilmembet Lojeski received comments from about seven people that their reception of the cablecast of the last Council meeting was very poor. They live in various areas of the City, The City Manager said staff will meet with TCI Cablevision to discuss the problems that the public is encountering. TCI is 10 11/15/94 I I (Drive-through traffic - Comm. Ctr. & Ch./Comm.) O?\O-.lO f'. MARGETT (Closed sessions) () / II~ . ./0 Njp (State legislative matters) CHANG (Agenda fore- cast items - emp, health insurance) 0:;'3[1-., .J ,...;:./-' 36:0394 ''''\j aware that there were problems at the last Council meeting and tried to correct them. Councilmember Lojeski suggested that in the upcoming agreement renewal, something be included ~ith regard to testing to make sure reception is acceptable. Councilmember Lojeski referred to a memo sent to the City Manager from the Director of Recreation about the situation regarding drive-through traffic at the Community Center parking lot. He strongly suggests that this matter be looked into, and also the drive-through traffic at the Chamber of Commerce building. Councilmember Lojeski has observed City employees shortcutting through the Chamber of Commerce and Methodist Hospital parking lots to go from one side of Huntington Drive to the other. Perhaps a traffic consultant could examine this situation and come up with some effective ~ays to create a safet environment through the area. Councilmember Margett asked if it is necessary to take a vote with regard to Councilmember Lojeski's suggestion of scheduling closed sessions for the end or beginning of Council meetings. The City Manager answered it is correct to take a vote on policy items. Normally, closed sessions are held at the end of meetings, and only because of timing problems have they been moved up. Councilmember Margett commented that he is supportive of Councilmember Lojeski's recommendation. Councilmember Margett brought up some matters that concern him. Hopefully, legislators in Sacramento will be able to focus on these. The first is education reform. There are l2-year-old girls who are mothers, l4-year-olds who are drug addicts, 15- year olds who are killing one another, l7-year-olds ~ith AIDS, and l8-year-olds who cannot read their diplomas. And yet, over 52 percent of the State budget is allocated for education. Secondly, reverse discrimination. Councilmember Margett supports nondiscrimination policies in employment and university admissions. He feels it is unlawful to discriminate against some groups of people because of race, sex, or ethnicity, but lawful to discriminate against others on the same basis; this is reverse discrimination. Another concern is voter reform. Something must be done about voter reform. There is still tampering with ballots. It needs to be made illegal. Spending limits on election offices must be implemented. In a conversation with Congressman David Dreier, Councilmember Margett asked Congressman Dreier if he has any ambitions to run for the United States Senate against Senator Barbara Boxer. He replied he would like to, but he doesn't have 27 million dollars. Councilmember Margett felt that, when a person must raise that amount of money in order to be a viable candidate in an election, something is wrong. With regard to the list of future agenda items, Mayor Pro tern Chang has been infotmed that the Library ptoject will be set for January 1995. He did not see a future agenda item regarding health insurance, and would like to see it scheduled as soon as possible if staff time allows. As stated before, Mayor Pro tern Chang ~ould like to see the City adopt an HMO type of insurance because it is less expensive. There is a variation called HMO POS, point of service, which offers the insured the opportunity to choose his own doctors. Mayor Pro tem Chang believes that all employees should have the same kind of coverage, whether they are management level or not. He understands that staff is doing a study comparing public and private paid benefits. There was a study done in Orange County which showed that the public sector paid more to their employees than the private sector. He is not sure the same kind of study is needed again in Los Angeles County, but that the study should compare public ~ith public and private with private. Comparing public with private is like comparing apples with otanges. Points to be studied should be why the private sector user is strong--is it in 11 11/15/94 (Veterans' Day observance) (Cableca~t ARA mtg~.) o g-,(l.,J(' N,H' (ICA meeting) .;.I I .J 0 _ /.0 YOUNG (Parson A./ j Pres ignation Arc. Beaut.) (Storm Wtr, Mge. Prog.) CITY CLERK ALFORD /(",';" <;~ (Charter Amd. :,",1:' (- Elec tion re elec. dates) 36: 0395 management or performance- -and why they are more efficient, rather than studying their benefits. Mayor Pro tern Chang reported that on November 11 he attended a Veterans' Day observance in Monrovia presented by the Allied Veterans Council. It was a 75th anniversary of the World War I armistice. "It is a good tradition that we remember those people who bave sacrificed their lives for the protection of our country and the peace of our world." The Arcadia High School Band is to be complemented for their performance in the ceremony. Mayor Pro tern Chang stated that this evening's meeting of the City Council and Arcadia Redevelopment Agency at 6:00 p.m. was not televised on the City's cable channel. He has suggested to the City Manager that in the future Redevelopment Agency meetings be televised. Perhaps costs should be studied to see if they are prohibitive. I On November 10, Mayor Pro tern Chang attended the Independent Cities Association meeting at Almansor Court. It was good to have the opportunity to meet with Councilmembers from other cities and share experiences. Mayor Young announced that she has received a letter of resignation from Grant C. Parsons, an Arcadia Beautiful Commissioner. Council will have to think about appointing a new commissioner. Mayor Young referred to a letter from the Public Works Director to the City Manager regarding the storm water management program and efforts to keep from polluting t!te ocean. A televised presentation is offered, and because Council will be involved with this matter, it might be of benefit to see it. The City Attorney introduced an election matter concerning the date of the City's General Municipal Election. State law has been changed and now provides that in 1996, and perhaps thereafter in every even-numbered year divisible by four, the California state primary and presidential primary wilt be conducted on the last Tuesday of March in those years. This creates a problem for many cities throughout California because that election date, March 26, is just two weeks before the date of many cities' General Municipal Elections. The legitimate concern is that this will cteate voter confusion and logistical problems for cities in trying to manage an election, particularly in view of the increasing use of absentee applications and ballots, two sample ballot pamphlets, polling place locations and workers, and unavailable County services. For these and other reasons, a number of cities are changing their election dates. As a charter city, Arcadia's election is currently the second Tuesday in April in each even-number~d year. The date in 1996 would be April 9. I There are a number of options available to Council. The status quo may be maintained. I f a change is to be made, because Arcadia is a charter city a Charter revision must be submitted to the electorate to be voted upon. A possible date for the election to present the issue of an election date change would be April of 1995, which is the date of the current School Board election. The two elections could be consolidated. Or, a Special Election may be set for the Charter revision at any time. There may be a difference in costs, which the City Clerk will review. The alternative which would have the least effect on the current election date and the least effect on Council terms would be to move the General Election of the City Council to June in those years where there is another election scheduled ~ithin thirty days of the City's April election. By moving the election from 12 11/15/94 1 ,~ I 36:0396 .., April to June, there would be a more significant separation from the March primary date, avoiding Some of the confusion and logistical problems, and there would only be a two-month effect on Councilmembers' terms. The City Attorney pointed out that his report gives many alternatives. Final direction does not have to be given this evening. Items may be studied and continued for further review on a subsequent agenda in December. However, if, it is decided to change the election date and submit a Charter amendment to the voters, Council should make a decision sometime in December so that the appropriate resolutions may be prepared to implement a Special Election. The City Clerk reported on the difficulties which might be faced if the City's General Municipal Election were to take place within two weeks of the presidential and state primary elections in 1996. Voter confusion could be a major issue. One of the main problems would be with the absentee vote. The County ~ill have its election material out to the electorate at the same time the City has its material out. Other problems, as listed in the staff report, include the fact that the County may be severely handicapped in their ability to Verify voter signatures on' nomination papers and absentee applications; there may not be enough turnaround time in getting election booths and other equipment from use in the state and presidential primary elections to the City for its election. These booths belong to the County.. . the City may have to pUt chase this equipment. The City Clerk has been informed that County may not be able to supply the City with needed voter information other than tapes of voter registration. Another problem would be that the recruiting of citizens to work at polling places in the state primary and General Municipal Elections will be taking place at the same time. The Clerk's main concern is the confusion which could take place in the community with regard to the absentee vote, the polling places, and the various election materials such as the sample ballot and information pamphlet for both elections if the elections take place with two weeks of each other. If Council wishes to change the City's election date by a Charter amendment election and wishes to consolidate that Special Election with the School Board election to be held on April 18, 1995, certain resolutions must be processed and adopted, one of which will be submitted to the County Board of Supervisors, who will determine whether the City may consolidate its election with the School District election. It is understood that chances are excellent that the Board will approve the consolidated election. The resolution must go before the County Board of Supervisors at its January 17 meeting. The Clerk noted that it would be very difficult for the City to have an election in April of 1996, but not impossible. A discussion ensued. Councilmember Lojeski stated that in order to make a decision, he would like to have more detailed facts and figures that have not yet been made available. The City Clerk commented that she has received information from County that the estimated cost to the City for a consolidated Charter revision/School Board election would be $48,600. If the City were to conduct a Special Election for a Charter revision, the City Clerk estimates the cost could be $40,000. The City Manager advised that more than one Charter revision issue may be presented to the voters if Council so desires. After further discussion of- the matter, it was the consensus of Council that additional information be presented at the next Council meeting to enable Council to make a decision. The City Manager said that staff would provide such information, 13 11/15/94 1. PUBLIC HEARING (Building Code and Fire Code Appeals Bd.) (CONT'D. FROM 11-1-94) () / /). () -!') 36:0397 PUBLIC HEARINGS This proposal was initiated by the Community Development Department and the Fire Department for the purpose of establishing a new appeals, board relative to the administration of the Uniform Building Code (UBC), and the Uniform Fire Code (UFC). Currently there is no appeals board for the Building Code, and the City Council is the designated appeals board for the Fire Code. Also, a section is being added to the Code designating the position of Community Development Director or des ignee as the Building Official. The appeals board would decide appeals of decisions made by the Building Official. Variances to the requirements of the UBC may not be gtanted or waived, only issues of interpretation of types of materials and/or the way something is constructed. 1 The UBC states that the Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City. Currently the Municipal Code designates the City Council as the body to which appeals may be filed on interpretations of the Fire Code. The UFC states that the Board of Appeals shall consist of five members who are qualified by experience and training to pass upon pertinent matters, and sets forth standards for an Appeals Board to determine the suitability of alternate materials and types of construction, and to provide for reasonable interpretations of the provisions of the UFC. The Community Development Department and the Fire Department are recommending that one Board of Appeals be established for Building Code and Fire Code appeals. The Board would be comprised of five members, including professionals knowledgeable in the Building and Fire Codes and experienced in construction. The Building Official or his designee ~ill be the ex-officio member on Building Code appeals, and the Fire Chief will be the ex-officio member on Fire Code appeals. Staff ~ill be contacting local construction firms, architects, and interested ci tizens to find persons who may wish to sit on the Appeals Board. Staff is recommending that the City Manager review all applications for Board membership and forward his recommendations to the City Council for consideration of appointment by the Council. Copies of the Board of Appeals' actions will be sent to the Council, who may at their discretion appeal any decision. In addition to the Appeals Board, staff is recommending that the position of Community Development Director be designated as the Building Official. In answer to a question from Councilmember Margett, the Community Development Administtator stated that the position of member of the Appeals Board is voluntary, not paid. The Board is required by provisions of the Uniform Building Code and I Uniform Fire Code. The Board ~ould serve on an as-needed basis. Mayor Pro tem Chang suggested that wording be added to Section 3116.3 to clarify that the applicant may appeal the Board of Appeals' decision to the City Council. The Community Development Administrator agreed, adding that the City Council would consider the applicant's appeal and remand it back to the Appeals Board for further review, the body for final action. The City Attorney suggested the title of the paragraph be changed to read, "City Council and Applicant Review." The same title change and wording will be applied to Section 8040,4. Mayor Young declared the public hearing OPEN. No one desiring to be heard. it was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED to CLOSE the public hearing. It was MOVED by Councilmember Loj eski, seconded by Councilmember Margett and CARRIED on roll call vote as 14 11/15/94 1 1 2. PUBLIC HEARING (Appeal of entertairunent permit, game & amusement machines at 142 E. Duarte Rd.) (CONT'D. FROM 11-1-94) (APPEAL DENIED) (PERMIT APPROVED) 03~()- '1..Ji Opposes Appeal 36:0398 follows to DIRECT staff to prepare the appropriate ordinance and resolution, with additions as discussed, and return them to Council for adoption. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Council, at its November 1, 1994 meeting, continued its consideration of an appeal filed by Councilmember Margett, of an entertairunent permit for installation and operation of seven game and amusement machines in Pacific Sports Card Company at 142 East Duarte Road (Alpha Beta shopping center). (Looi Corp. , applicant, Victor Lee, owner of Pacific Sports Card Company). Based upon an investigation and infotmation submitted by the Police Department and the Business License Officer, the Business Permit and License Review Board approved the request for seven game machines, subject to compliance with all game machine regulations and a three-month teview period of the permit by the Police Department. The Community Development Department recommends approval of the applicant's request for seven game arcade machines, subject to the conditions recommended by the Business Permit and License Review Board. Section 6312.2 of the Business Permit and License Review Board regulations states that the Council has the right to refuse any permit if it finds and determines that the granting of the permit will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants thereof, or if the application is found to contain false or misleading statements on behalf of or by the applicant. For the record, the City Attorney asked to confirm that Councilmember Margett has Niewed the tape of the last Council meeting, and he may participate and vote on this matter tonight. Councilmember Margett verified that he had done so. Mayor Young declared the public hearing OPEN. Jack La Mountain, 1399 North Harding Avenue, Pasadena, stated in part that he wished to hear Councilmember Margett' s complaint to the issuance of the entertairunent permit. It was explained that procedure is for Council to speak to the issue after the hearing is closed and all testimony has been given. Mr. La Mountain was present at the November 1 Council meeting representing the applicant, Mr. Adesorn Hemaratanatorn, Looi Corporation. He obtained the license and permit for the applicant, and was then surprised to learn that the permit has been appealed. Adesorn Hemaratanatorn, 1775 East Colorado Boulevard, Pasadena, stated, in part, he is the applicant. He asked Mr. La Mountain to file an application and obtain a business license for him, He is in possession of a City license and letter giving permission to operate seven game machines at 142 East Duarte Road. He was then notified of the appeal and that he could not operate the machines. Mr. Hemaratanatorn is supplying the games to the owner of the store, Mr, Victor Lee. In answer to questions asked by Mayor Pro tem Chang, Mr, Hemaratanatorn stated that his license to do business in the City of Pasadena has never been revoked. However, from time to time there have been fights among the young people who are at the store to play the game machines. He does not recall a fight where bleeding occurred. His store in Pasadena is open 20 hours a day. from 8:00 a.m. until 4:00 a.m.; however, no minors under the age of 18 are allowed on the premises until after 3:00 p.m. on a school day. 15 11/15/94 Favors Appeal 36:0399 The City Manager clarified that Mr: Hemaratanatorn is the person who has obtained the permit for the game machines. He will supply the game machines to Mr. Lee's business. Mr. Lee, owner of the store at 142 East Duarte Road, is in possession of a business license for the store. Dwilvnda Hahn, 315 Walnut Avenue, stated in part that she is a shopper at the Alpha Beta market in the .subject shopping center. She is opposed to game machines being allowed at the Pacific Sports Card Company. There is already a lot of congestion at the shopping center. I t is hard to find parking spaces on weekends and peak shopping hours, and there are bikes laying near the market which shoppers must be careful not to fall over. If the Pacific Sports Card Company installs game machines, the situation will become much worse. Tom Hahn, 315 Walnut Avenue, stated in part that he would like to add that the maj or portion of the games that are in the shopping center are on the side opposite to the location of the Pacific Sports Card Company. They have their own parking and bike racks and there are no problems. However, due to the location of the sports card store, the insufficient parking, and the problem with children running in and out of the parking lot, this is a very dangerous situation. He recommended that this permit not be approved. Opposes Appeal Victor Lee, owner of Pacific Sports Card Company, 142 Eas t Duarte Road, stated in part that before a permit was issued to his business, the Police Department and Fire Department did thorough investigations and found no negative conditions. To provide better safety and security, he has installed four cameras which monitor activities inside and outside the store 24 hours a day. There is also an alarm system which connects to the Police Department, and warning labels are on windows. At least two adults will be present to monitor activities after school hours. Game machines will not be operated during school hours, 8:00 a.m. to 3:00 p.m. Monday through Friday, and the store will close at 7:00 p.m. The Police Department will review the entertainment permit at the end of three months. Mr. Lee stressed that he will be very careful in the operation of the game machines. Favors Appeal Mayor Pro tern Chang asked how Mr. Lee will deal with children under 18 years old who want to play the game machines on school days between the hours of 8:00 a.m. and 3:00 p.m. Mr. Lee stated that the electricity to the game machines will be on a timer, and will automatically be turned on at 3:00 p.m. and automatically turned off at about 6:45 p.m. The store's operating hours are 10: 00 a. m. to 7: 00 p. m. Monday through Saturday, and 10:00 a.m. to 5:00 p.m. on Sunday. In response to a question by Mayor Pro tern Chang, Mr. Lee replied that he has never operated game machines in other locations or other cities. Gail Marshall, 2800 block of Lee Avenue, stated in part that she and her partner, Arlene Marshall, are co-owners of Action Arcade. Referring to Section 6312.2 of the Business Permit and License Review Board regulations, she noted that in the phrase "if a requested permit will be injurious, detrimental or harmful to the public," the key words are "will be." According to this statement, it appears that the denial of an entertainment permit by the Council is permissible on the grounds of supposition of injury and safety. Ms. Marshall referred to visual proof and research she and Arlene Marshall have provided concerning presently existing dangerous activities. These hazardous condi tions will greatly increase wi th the approval of installation of seven more video games. Whether Council agrees this is an existing hazard or views it as a future hazard, either opinion would be grounds for legal denial. 16 11/15/94 I I I I 36:0400 Ms. Marshall noted that the card shop is located across the parking lot from Ac tion Arcade. This would jeopardize the safety of children who might travel from Action Arcade .to the card shop. Since the card shop is next door to the Alpha Beta market, this would jeopardize the safety of senior citizens and other patrons who shop there. The other businesses owners in the shopping center who have signed the petition to deny the entertainm~nt permit have done so because they are concerned that their customers and businesses will be negatively affected by approval of the permit. Ms. Marshall urged Council to consider all information presented and to deny the request for an entertainment permit at the Pacific Sports Card Company. Council asked questions of Ms. Marshall regarding the operation of her arcade business. Ms. Marshall, co-owner of Action Arcade, has 21 game machines in her arcade. Andv Chow, owner of Lucky Donuts, 160 East Duarte Road, stated in part that on November 1, Mr. La Mountain came to his shop with a copy of the petition circulated by Ms. Marshall, to have signatures verified. Mr. La Mountain stated that he was from the City of Arcadia and that there was going to be a public hearing regarding the issue of the entertainment permit at 7:00 p.m. that evening. He also asked Mr. Chow some questions with regard to the game machines at Lucky Donuts. Opposes Appeal Anthonv Lee, 606 West Lemon Avenue, stated in part that he was very surprised to learn from statements of people who spoke earlier that they would try so hard to oppose a hard-working young man in his efforts to run his business. Competition produces better service, better quality, and better prices. Concerns have been expressed regarding traffic, but his observation as a shopper has been that sometimes there are so few customers that the business owners have stated they wish there were more. He believes the only reason for opposition to the installation of game machines at Pacific Sports Card Company is the desire to avoid competition. Mr. Lee noted that precautions have been taken to provide for safety and security, and that the hours of operation of the game machines are restricted for school children. Also, the card shop will be closed at 7:00 p.m., encouraging children to go home for dinner and not to linger around the shopping center. In addition, there are security cameras and an alarm system connected to the Police Department, which should discourage unruly behavior. Mr. Lee knows Victor Lee qui te well; he has many good characteristics, and does not smoke or drink. It is hoped he will be given a chance to try the game machines in his business es tablishment. Favors Appeal Jason Shua, 146 East Duarte Road, stated in part that he does not agree with Mr. Lee's statement that, with reference to game machines, such competition can benefit the businesses in the shopping center. The only competition this brings is more "fighting games," which are the types of game machines most people like. With reference to Mr. Lee's statement regarding giving Victor Lee a chance to conduct his business, his business is sports cards, not video games. Opposes Appeal Jack La Mountain, 1339 North Harding Avenue, Pasadena, stated in part that he took the petition around to each business in the shopping center to verify that they indeed signed it. He did not state that he was from the City. He asked Mr. Chow if he had any problems with his game machines. When he was told yes, he asked then why did Mr. Chow have them. Favors Appeal Andv Chow, 160 East Duarte Road, stated in part that he does not understand why Mr. La Mountain came around to verify signatures when he is not.a business owner or resident in the City of Arcadia. 17 11/15/94 36:0401 Opposes Appeal Adesorn Hemaratanatorn, 1775 East Colorado Boulevard, Pasadena, stated in part that he hopes Council will agree with staff's recommendation for approval of his business license permit, to at least give it a try. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Margett, seconded by Mayor Pro tem Chang and CARRIED. Councilmember Margett stated that he was the one who asked that this application be reviewed, and he owes an apology to those people who attended the November 1 meeting. He was unable to attend the Council meeting that evening, when the matter was first presented. He appreciates that Council allowed the hearing to be continued so that he could voice his concerns. One of Councilmember Margett' s concerns is that the shopping .1 center in question has such a large number of game machines, especially since it is in close proximity to the high school, junior high, and grammar schools. Also, with the newer machines which allow three or more players at one time, there is the potential of 120 children using 40 game machines at one location. Councilmember Margett explained that receiving approval from the City to conduct a business only means that the business has conformed to rules and regulations. The City Council has the political right to make a decision based on what is the greatest good for the community. It is his opinion that there are already too many game machines in the shopping center. He read a statement from the California State Parent-Teachers Association which the reported adverse effects on school children who frequent video game establishments. Other concerns Councilmember Margett has are the violence depicted on video games; an increase in traffic in the area will affect safety; and the probability that the shopping center is already deficient in parking. With the addition of more children playing more video games is imposing an unwanted burden on merchants in the area who do not want to deal with the problem. For these reasons, Councilmember Margett will be voting against allowing the entertainment permit for Pacific Sports Card Company. Mayor Pro tern Chang commented that since the Police Department and Fire Department have done an investigation and a permit has been issued, potential problems of safety have been considered. Also, a rumor about the operator of the game machines was apparently untrue. In addition, the Community Development Administrator has confirmed that the Pacific Sports Card Company is in compliance with the regulation that it must be located more than 500 feet from the nearest school. Other things to be noted are that signatures on the petition did include the three business owners who have game machines; the matter of safety is the ultimate responsibility of the shopping center, not the City. Mayor Pro tern Chang does not believe that the addition of seven game machines in the card shop will increase traffic at the shopping center as much as the arcade with 21 game machines has. With regard to how game establishments affect school children, a child's education is the primary responsibility of the parents. Mayor Pro tern Chang agrees that 39 game machines in one shopping center are too many. However, the City has no law at this time to restrict the total number of game machines in a shopping center. He supports a limit of three game. machines in a business establishment, with a conditional use permit if more than three are desired. With these things in mind, Mayor Pro tem Chang has no reason to deny the request for an entertainment permit at Pacific Sports Card Company. 1 Councilmember Kuhn agreed with Mayor Pro tern Chang that there are too many game machines in the shopping center and that issue 18 11/15/94 1 1 MOTION ROLL CALL 36:0402 ~ should be addressed. The only legal issues which Council has to deal with would be those of public safety, fraud, or misrepresentation. Competition is not a concern of the Council. Parking is a problem, and bicycle safety is a factor. However, Mr. Lee seems responsible in his attitude and his preparations, and he would be held accountable if any problems occurred. In view of these factors, Councilmember Kuhn sees no reason to deny the applicant his permit at this time. Councilmember Lojeski stated that the issue of granting the permit is related to whether it would be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants. He was not in favor of game machines when they were first introduced in the City and is not now. However, he does look at each situation on a case- by-case basis. In this particular situation, Councilmember Lojeski believes because of the makeup of the shopping center, the traffic problems and other problems which exist there are probably related to the number of game machines. He will support Councilmember Margett's motion, should he make one. It is hoped that in the future Council and staff will review the issuance of permits, issuing it to the business owner and not, such as in this instance, to the supplier of the game machines. Mayor Young commented that she believes it is a mistake for a game machine owner to use space in another store. The store owner or lessee should be responsible for the machines; in this case it is believed he will be. Mayor Young emphasized that Section 6312.2 of the Business Permit and License Review Board regulations states that activities that are or become a public nuisance, which includes bothering business patrons, obstructing traffic, damaging property, criminal conduct, and violating the law, will be watched. If Council allows the permit it will be watched, and if it becomes a problem, perhaps all of the machines will have to go. In response to a request by Mayor Pro tern Chang for the City Attorney's legal opinion as to whether the City has legal grounds to deny this license, the City Attorney stated that he could give some general legal guidance but the City Municipal Code does not provide that he is the fact finder or judge and he does not want to assume that role. Decision on this matter is up to the Council. If actual problems arise after granting the permit, it can be suspended or revoked. It was MOVED by Councilmember Margett and seconded by Councilmember Lojeski to DENY the entertainment permit subject to the evidence and testimony presented. AYES: NOES: ABSENT: Councilmembers Lojeski and Margett Councilmembers Chang, Kuhn, and Young None MOTION FAILED It was MOVED by Mayor Young, seconded by Mayor Pro tem Chang, and CARRIED on roll call vote as follows to uphold the decision of the Business Permit and License Review Board and APPROVE the entertainment permit. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, and Young Councilmembers Lojeski and Margett None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None 19 11/15/94 l. MINUTES APPROVAL Nov. 1, 1994) (APPROVED) 36:0403 It was MOVED by Agency Member Loj eski, seconded by Agency Member Kuhn and CARRIED on roll call vote as follows to APPROVE the minutes of the regular meeting of November 1, 1994, and the amendment to the professional service contract with The Planning Corporation (TPC) for the Downtown 2000 Program Environmental Assessment. 2. AUTHORIZED the Executive Director to execute an amendment to AMEND PROFES- SIONAL SERVICE the existing contract with The Planning Corporation for the Downtown 2000 Program Environmental Assessment, subject to AG~EEM~T ) approval of the Agency Attorney as to form, in an amount not (P ann1ng Corp. to exceed $25,265. (APPROVED) () Ed 0_ O.:J loS AYES: ADJOURNMENT l. MINUTES APPROVAL (Nov. 1, 1994) (APPROVED) NOES: ABSENT: ABSTAIN: Agency Item None None Agency Members Chang, Kuhn, Lojeski, Margett (yes to #2) and Young Member Margett (Item #1, was not present at November 1 meeting) 1 The meeting adjourned to 6:00 p. m., December 6, 1994. CITY COUNCIL RECONVENED CONSENT ITEMS It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows to APPROVE the minutes of the November 1, 1994, regular meeting. AYES: NOES: ABSENT: ABSTAIN: Councilmembers Chang, Kuhn, Lojeski and Young None None Councilmember Margett 2. 0 c;"'ifO. 02.0 DATING APPROVED Personalized Introduction Service (dating service) as SERVICE a compatible use in the CPD-l (Commercial Planned Development) (CPD-l Zone) zone under Section 9260.1.3.(20) of the Arcadia Municipal Code. (APPROVED) 3. eI \i" 'It. .()C . NPDES PERMIT RENEWAL (APPROVED) 4.07\O-'Ii:~ CONTRACT AWARD (Reconstr. of retaining wall at Bald"'in Res. W.O. 560) (APPROVED) AUTHORIZED staff to send a Letter of Intent to Los Angeles County indicating the City's intent to participate as a co- permittee in the application for a subsequent National Pollutant Discharge Elimination System (NPDES) permit to replace the existing NPDES permit #CA0061654-CI6948 which will expire on June 18, 1995. The Baldwin Reservoir retaining wall was severely damaged in the January 29, 1994, Northridge earthquake. The cost of removal, engineering, design, and reconstruction of the damaged portions of the wall was estimated to be $50,000. Ninety percent of the total project cost will be reimbursed by the Federal Emergency Management Agency (FEMA) and ten percent by the State of California Office of Emergency Services (OES). There were a total of six bidders for this project, with bids ranging from $25,930 to $54,400. Mayor Pro tern Chang inquired as to why the significant difference between high and low bid; perhaps there is a difference in expertise. Councilmember Lojeski suggested that it could be that the high bidder simply decided he did not want the job. The City Manager stated that only the low bidder's references are inspected to assure they can competently perform the work. 1 It was MOVED by Mayor Pro tern Chang, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to ~ a contract in the amount of $25,930 to Frahm Bros., Inc., for the 20 ll/15/94 1 1 5 '" 1<0"1 't' ; V .)\ ... WORK ACCEPTED (Street light conversion, Valencia Way, Job #533, and Huntington Dr., Job #583) 6.(){1I~.. -,,1 WORK ACCEPTED (Sewer relief line at intersection of Okoboji Dr. & Sunset Blvd., Job No. 538) 7. Of'.30 -.3 0 ARCADIA TRANSIT CONTRACTOR AGREEMENT RENEWAL (Dial-a-Ride) (APPROVED) 36:0404 .~ reconstruction of Baldwin Reservoir retaining wall, Work Order 560, and to AUTHORIZE the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None ACCEPTED street light conversion on Valencia Way and Hillcrest Boulevard, Job No. 533, and on Huntington Drive between Second Avenue and Fifth Avenue, Job No. 583, and AUTHORIZED final payment to be made in accordance with the contract documents. Ten percent (lO%) retention payment becomes due and payable thirty-five 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. ACCEPTED sewer relief line at the intersection of Okoboji Drive and Sunset Boulevard, Job No. 538, and AUTHORIZED final payment to be made in accordance with the contract documents. Ten percent (10%) retention payment becomes due and payable thirty. five 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. THE ABOVE CONSENT ITEMS 2, 3, 5, AND 6 WERE APPROVED ON MOTION BY COUNCILMEMBER LOJESKI, SECONDED BY MAYOR YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None Consideration of the request from San Gabriel Transit (SGT) , the City's dial-a-ride contractor, to amend the City's existing agreement for transportation services, including a rate increase. Mayor Pro tern Chang noted that Attachment 1 of the agreement states that the dispatcher shall be required to dispatch the appropriate vehicle(s) needed to meet the amount of passenger demands so that the average pick-up time does not exceed thirty minutes at any point throughout the service day. Mayor Pro tern Chang's son is a frequent user of the dial-a-ride service and has found that many times the pick-up time is one hour. Drivers have explained the wait is due to the fact that there are not enough drivers to meet demand. Mayor Young commented that she also has received complaints of waiting times of 45 minutes to one hour at the Community Center. David Feinberg, Administrative Assistant in charge of this project,. stated that the average response time is 14 to 15 minutes. Occasionally it does happen that there is a wait of 45 minutes to an hour. An average of over 3,000 people use the system in the course of a week. Although not every ride will be within the 30-minute window, over 90-percent of them are. Mayor Pro tern Chang was concerned that, although drivers do not at this time have health insurance provided by San Gabriel Transit, they should have a physical examination upon being hired and a yearly physical thereafter, including psychiatric evaluation, to detect any potential problems which may in turn affect the safety of passengers. Terry Crouch, Operations Manager for San Gabriel Transit, stated that as of three years ago drivers are required to obtain a General Public Para-Transit Vehicle certificate. They are required by law to obtain a physical and are issued a medical 21 11/15/94 l. eH'.).o.~ ARCH. DESIGN REVIEW (Properties not within HOA's) (NO ACTION) 36:0405 card which is good for two years, at which time it is renewed. They are not required to have a psychiatric evaluation. Drivers are fingerprinted by the Highway Patrol to check if there is any reason they should be refused a certificate. . Mayor Pro tern Chang asked if San Gabriel Transit has ever had any problems or complaints regarding any of their drivers. Ms. Crouch stated that about a year ago she had to "pull" a driver from the road. The City Attorney cautioned that there are serious privacy issues with regard to having an employer collect psychiatric information. The City cannot impose a requirement upon San Gabriel Transit which it cannot legally do. In answer to a question by Mayor Pro tem Chang, Mr. Feinberg replied that in his opinion San Gabriel Transit dial-a-ride does provide an adequate number of vehicles. 1 It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to APPROVE the new Arcadia Transit Operating Agreement, including a $2.50 increase in the per-hour compensation rate to $26.74; and AUTHORIZE the City Manager to execute the Agreement in a form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None Gerald N. Walker, President of San Gabriel Transit, was present and reported to Council that the dial-a-ride service in Arcadia is considered to be the "Cadillac" of dial-a-ride services in Southern California. He feels they have a fine group of employees and drivers of whom the City can be proud. Councilmember Lojeski commented that in an effort to save time at Council meetings and to avoid pulling items from the consent calendar, any questions Councilmembers may have could be answered by calling the City Manager or staff. If an item must be pulled, that should be noted by the Councilmember during the time allotted for "Questions from City Council Regarding Clarification of Agenda Items." CITY MANAGER There are over 11,700 single-family-zoned properties in the City, 9,000 of which are located outside of existing homeowners associations (HOA). The remaining 2,700 properties are located within five homeowners associations. Each HOA has an architectural review board comprised of homeowners within the area which must review and approve all plans for exterior remodeling and new construction. During the period of 1990-1993 there was an average of 564 applications for building permits each year; 77 percent were in an area not within an HOA. 1 In October 1992 the City Council, in response to concerns expressed by citizens, requested that a committee be established to study architectural design review (ADR) for single-family residential properties. The ten-member committee proposed that architectural design review be applied to all R-l and R-O zoned properties not within an HOA. The committee felt that design criteria should be broad enough to allow flexibility of design and to provide some generalized standards to ensure that buildings and structures would be visually harmonious within a neighborhood area and not of undesirable, unsightly appearance so as to be out of character with the area. The committee's recommendation was that there be one review board comprised of five members appointed by the City Council and that two of the five members be design professionals. After eight meetings, the committee's recommendations were submitted 22 1l/l5/94 1 I 2. PRESENTATION DOWNTOWN 2000 PROJECT 00'fO.n~i5 N.r? 36:0406 to the Planning Commission and City Council in a joint meeting on July 13, 1993. At that time, Council directed staff to prepare a text amendment adding architectural design review to single-family-zoned properties in the City and creating a City- appointed design review board. On October 12, 1993, the Planning Commission held a public hearing to consider the proposeo text amendment. At the public hearing five persons spoke in favor of City-wide architectural design review and two persons spoke in opposition. Based on all oral and written testimony, the Planning Commission voted 3 to 2 to not recommend approval of architectural design review to the City Council. On November 2, 1993, three Councilmembers felt that, based upon the hearing before the Planning Commission, there did not appear to be adequate interest from the public in pursuing architectural design review, and no further action was taken. If City-wide single-family architectural design review is implemented, staff would be responsible for processing the applications, reviewing the plans, field inspections, and sitting as an ex-officio member at ADR meetings and preparing records and findings of the meetings. There could be a significant indirect cost to the City in terms of staff time. Planning proj ects could be delayed and proj ect priori ties changed in order to process ADR applications in a timely manner. As the economy recovers and the number of single-family projects increases, such review could necessitate hiring of another planner at a cost of $51,000+, including benefits. It is the Community Development Department's opinion that if a neighborhood is interested in organ1z1ng an HOA for archi tectural design review, the property owners should ini tiate the procedure by contacting residents within the area. If 60 percent or more of the homeowners are interested, it may then petition the City to proceed with the appropriate text changes. Councilmember Margett commented that since requesting that this matter be brought back before Council, he has learned that many of those who were previously interested in architectural design review, especially in the southern part of the City, no longer have the desire to pursue the matter. They have decided that, at this time, the regulations which are on the books are sufficient. Councilmember Margett stated that he believes homeowners associations and architectural review boards are extremely important in the community. However, at this time there is no longer the interest that there was before. No action was taken on this matter. In response to Council's request, Steve Smith of Lawrence R. Moss and Associates was present to give information regarding the Downtown 2000 proj ect for the viewing audience. It was desired that an excellent and beautiful redevelopment of the area be created. As the entry point into the City, Huntington Drive is being defined as a "grand boulevard" look, establishing the look, feeling, and quality of the City for people who visit. The design motif decided upon is defined as traditional. Mr. Smith displayed drawings of the layout for Huntington Drive. "Bowouts" in the parking lane will provide landscape planters, and existing street trees will be replaced with larger, more attractive street trees. At certain points, palm trees will be lit at night. The materials going into this project will be of the highest quality. First Avenue will be narrowed to two lanes with diagonal parking, increasing the parking area. Planters in bowouts will contain large flowering trees. The street will be lined with palm trees which will be lit at night. An atmosphere will be created which will encourage people to linger and to go into the shops. Bowouts will be provided with seating areas. On both Huntington Drive and First Avenue, overhead cobra lights will be replaced with attractive lanterns on traditional posts. 23 11/15/94 3. () ~ I\'.? ('l FESTIVAL SANTA ANITA (Follow-up report) (RECEIVE AND FILE) ORDINANCE NO. 2010 (INTRODUCED) of -It; (II;) ORDINANCE NO. 2023 (INTRODUCED) t.., ., . ?\- o >-f'c) . \;, ... . ORDINANCE NO. 202"3-1 (INTRODUCED) ()'o! ., ,)- I...t.. 36:0407 Councilmember Margett asked if the race track theme will be brought out in the downtown project, as was done in the previous design proposed to Council. He also questioned whether the trees proposed would be so tall as to block store signs. Mr. Smith replied that the Downtown 2000 style will be compatible with the race track theme. Most of the work originally proposed, such as iron fences, was expensive, custom work. The metal benches, trash enclosures. and tree grates will continue the classic, heavy. traditional metal look that is compatible with the look at the race track. With regard to the trees, care will be taken that the trees chosen will grow high enough so that the branches will not block merchants' signs. On September 3 and 4, Festival Santa Anita took place at the Santa Anita Race Track. It was canceled on September 5 due to low attendance. Staff reviewed the operation of the event with regard to noise, traffic, and safety, and obtained significant and important data on noise impact which might affect future activities. The noise data will be used in future permit application review and procedures. 1 CITY ATTORNEY The City Attorney presented for introduction and read by title Ordinance No. 2010: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING TO ARTICLE VII OF THE ARCADIA MUNICIPAL CODE CHAPTER 8 ENTITLED STORM WATER MANAGEMENT AND DISCHARGE CONTROL ORDINfu~CE ESTABLISHING STORM WATER AND URBfu~ RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS". I t was MOVED by Counc ilmember Margett, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2010 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented for introduction and read by title Ordinance No. 2023: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING SECTION 9292.4.2.1 TO THE ARCADIA MUNICIPAL CODE RELATING TO NOTICING PROCEDURES FOR TEXT AMENDMENTS AFFECTING Sol (SPECIAL USE) ZONED PROPERTY". It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2023 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I The City Attorney presented for introduction and read by title Ordinance No. 2027: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A PART 6 TO CHAPTER 9, ARTICLE III TO PROVIDE FOR THE RECOVERY OF CERTAIN NON - LAW ENFORCEMENT COSTS FOR THE DETENTION, PROCESSING AND SUPERVISION OF JUVENILE OFFENDERS". It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 2027 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None 24 11/15/94 II II CLOSED SESSION 0(10 ~ YO ADJOURNMENT ATTEST: 36:0408 The City Attorney announced the need to call a Closed Session for purposes of giving instructions to the City labor negotiators, Gary Rogers and Dan Cassidy. pursuant to Government Code Sections 54957.6 and 54954.2. It was MOVED by Councilmember Lojeski, seconded by Mayor Young and CARRIED on roll call vote as follows that the need to take action is immediate and arose after the agenda was posted. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None At 11:47 p.m. the City Council ENTERED the CLOSED SESSION, RECONVENED and ADJOURNED the regular meeting at 1:20 a.m., November 16, 1994 to Tuesday, December 6, 1994 at 6:00 p.m. in the Council Chambers for a 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. !Jl:A~~a;f~~ ~J~ e D~ Alford, y Cle~ 25 11/15/94 --~