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HomeMy WebLinkAboutDECEMBER 20,1994 I I 0/10-"'-" lei. ')(')'1/ 36: 0426 ("....e CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE l. "COLOR-A-BAG" CONTEST WINNERS (Red Ribbon Week) 2. MARCI MATTOS (District Girl Scout Leader) M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING DECEMBER 20, 1994 The City Council and the Arcadia Redevelopment Agency met in a regular meeting on Tuesday, December 20, 1994 at 7:00 p. m. in the City Council Chambers. PRESENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young ABSENT: None Rev. Russell Williams, The Santa Anita Church Public Works Director, Joe Lopez PRESENTATIONS Each year in recognition of National Red Ribbon Week, the City of Arcadia in cooperation with the Arcadia Unified School District participates in a number of activities, one of which is the coloring of a brown shopping bag with a "Say No to Drugs" theme. This is a contest in grades K through Eight. The school level winners will each receive a Certificate and a red ribbon. Mayor Young then introduced the District.wide Winners of the "Color-A-Bag" Contest, and together with Police Chief Johnson and Sergeant Kirby, presented a Mayor's Certificate of Commendation and a $50. U. S. Savings Bond to each child: John Ridgeway. Kindergarten, Longley Way; Samiah Rahman, First Grade, Holly Avenue; Gianna Henke, Second Grade, Holly Avenue; Rex Cheng, Third Grade, Holly Avenue; Evelyn Atkinson, Fourth Grade, Highland Oaks; Rainbow Chung, Fifth Grade, Baldwin Stocker; Douglas Hsu, Sixth Grade, First Avenue Middle School; and Cheryl Low, Fifth Grade Day Care, Hugo Reid. On behalf of the City, Mayor Young expressed special thanks to the Arcadia Unified School District, Ralphs Market on Live Oak, Fast Frames, the Arcadia Elks Lodge and Santa Anita Fashion Park for their participation and support in this year's program. Mayor Young presented the Mayor's Certificate of Commendation to Marci Mattos, Arcadia Chapter of the Girl Scouts of, America. and the District Girl Scout Leader. During the period of time since 1987 Ms. Mattos has developed new goals focusing on the needs of girls I including implementation of two new recognition events honoring women role models. Also, Marci has been responsible for the first new construction at the Singing Pines Girl Scout Camp in twenty years; an all.weather cabin that is fully accessible for use by the handicapped and disabled population. She has also been instrumental in enhancing a working relationship with the local service clubs. 1 12/20/94 DEPUTY CITY MANAGER (Rick Gomez) CAL IF . NARCOTICS OFFICERS ASSOC. (Chief Johnson) ORD. & RES. READ BY TITLE ONLY OI,JO . '.~ (') N(j> ,") <0" \.~' r; .. : C'.' 36: 0427 SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS None MATTERS FROM STAFF The City Manager introduced Rick Gomez, the City's new Deputy City Manager and Development Services Director. Mr. Gomez is presently the Director of Community Development, Rancho Cucamonga, and has held that position for the past ten years. Mr. Gomez will officially be on staff January 3, 1995. I Police Chief Neal Johnson introduced Board Members of the California Narcotics Officers Association. The Association has been utilizing Arcadia facilities for training personnel from throughout the State. Board Members present were: Victor Guerro, FBI; Tom Lorenz, Glendale Police Department; Doug Ausley, Department of Justice, Bureau of Narcotics Enforcement; and Gary Schram, Los Angeles County District Attorney's Office. The Board Members thanked the Mayor and the Councilmembers for allowing them to conduct the training of narcotics officers here in Arcadia, and presented Mayor Young and the Councilmembers' with paper weights expressing their appreciation. It was MOVED by Mayor Pro tem Chang, 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 Robert Westfall, 2 South Old Ranch Road, stated, in part, that he is the current Chairman of the Arcadia Sister City Commission. The Commission is sponsoring a visit of an entertainment group from Arcadia's sister city. Newcastle, Australia on January 6, 1995. This group is comprised of students from a talent school in Newcastle, and will present a musical performance at the Arcadia Community Center on January 6, 1995 at 7:00 p. m. under the auspices of the Arcadia Sister City Commission. The group will also present performances at Disneyland and Knotts Berry Farm. Joe Sloan, Athens Disposal Company. 14048 Valley Blvd., City of Industry, stated, in part, that he is present to address the introduction of Ordinance No. 2029, which will amend Section 6434.2 of the Arcadia Municipal Code and authorize the Ci ty- sponsored recycler to be a commercial hauler. This will permit an additional licensed hauler to haul waste in the City. His firm and others did not bid on the original Request For Proposal with the cities of Arcadia, Monrovia and Duarte because it was felt that the scope was limited to the collection of the City's designated recyclable items, and stipulated recycling only. Also it provided that the existing service providers would be allowed to continue the service, but would also be able to provide the recycling service that was going to be offered by the chosen franchisee. It was Mr. Sloan's contention that the City's contract with Zakaroff Recycling Services. as a commercial hauler and recycler, is not fair to the other trash hauler and disposal companies who do business in the community. The ordinance under consideration this evening would permit this recycling franchisee to be granted a license, thus creating unfair competition. This I 2 12/20/94 I I OY.2t) . NSP 36:0428 franchisee would be charged with the evaluation of the recycling work of the other companies. The City Attorney responded, in part, that many of the concerns rais<ad by Mr. Sloan have been dealt with by amendments and modifications to the recycling program. The cities of Arcadia, Monrovia and Duarte have gone out of their way to create fairness in the evaluation of the program. Therefore he takes exception to the statement that the playing field is not level. A response to Mr. Sloan's comments can be presented on behalf of the City, when the introduction of the ordinance is considered later in the meeting. Mike Steohan, Waste Management of San Gabriel and Pomona Valleys. stat<ad, in part, that he is also present to address Ordinance No. 2029. His company has been a hauler in Arcadia for many years. He had assumed that this action by the City would result in some clear benefit to the City and/or the businesses in the City, But he can see no benefit because all the present five haulers offer recycling services. Now there will be one additional hauler, which means there will be additional truck traffic on City streets, wear and tear, and safety concerns. The City selected one hauler to be the official City sponsored recycler, so there will be a benefit to this hauler. Now that hauler carries an official designation to compete with the other companies in the solid waste business; something that is not a part of their franchise or part of what they were awarded. They will be able to use the name of the City to promote their own business, to the disadvantage of the other haulers. The other companies who have been doing business in the City for a number of years also offer recycling services. He hopes the Council will consider a vote for open competition, rather than giving one hauler a distinct advantage. MATTERS FROM ELECTED OFFICIALS MARGETT Councilmember Margett wished everyone a Merry Christmas and the (Holiday finest New Year they could possibly have. He congratulated Greetings) Eldon Davidson, Water Manager, who was elected to be the (Eldon President of the San Gabriel Basin Water Association Davidson Elect. Pres. ,San Gab.Basin Water Assoc.) CHANG (Holiday Greetings) (Orange Co. Invest.Pool) (Study of City Inter- sections) t~; /1/' \ .. /If" (Senior Christmas Party) Mayor Pro tem Chang wished everyone a Merry Christmas and a Happy New Year. A number of local cities have joined Orange County in an investment pool; now those funds are frozen. Arcadia has no investment in the Orange County pool. He complimented the Administrative Services Director, Jim Dale and Treasurer, Jerry Parker on their conservative investment policy. ., Mayor Pro tern Chang repeated his comments from the previous Council meeting regarding the 300.400 Arcadia intersections, 80 of which have four.way stop signs, since the previous cablecast had been interrupted. A study of the intersection of Sunset Blvd. and Fairview Avenue was recently completed, and it was found that the stop signs need to be modified and strengthened. There may be other intersections in the City that need to be modified. Since the City is unable to survey every such intersection in the City, Mayor Pro tern Chang invited citizens to contact him or the City Manager if they feel there is such an intersection with a problem that requires stop signs. Mayor Pro tern Chang said that he had attended a Christmas party on December 9 which was sponsored by the Senior Citizens 3 12/20/94 CHANG (Arcadia Police Relief Assoc. Christmas Party) (Police Emergency Response) .~ ;It' . )~(Employee Suggestion Prog.Extended Citywide) , " (Review and , ' , Report of City Health Insurance Program) '_. ~ l' " .\ , (Library Expansion Status) (Sound Walls - 210 Freeway) KUHN (Holiday Greetings LOJESKI (Holiday Greetings) (TCI Cablevision) '" , " (Removal of Parking Restriction Signs) \.' , , " 36:0429 Commission, Golden Age Club the Senior Friendship Club and Senior Men's Club. It was well attended by the seniors and was a very successful party. Mayor Pro tem Chang also stated that on December 10 he attended the Annual Christmas party of the Arcadia Police Relief Association. Unfortunately, the party was interrupted by an emergency situation, and a number of the officers left the party to control the problem. Mayor Pro tem Chang said the police officers deserve special respect because they sacrifice themselves for the safety, health and welfare of Arcadia citizens. Mayor Pro tem Chang suggested that the employee suggestion program be extended to all the residents of the City, in an effort to improve City services to the community. He requested that this matter be placed on a future Council agenda. I Mayor Pro tem Chang stated that a recent review of the workers' compensation insurance program suggested that perhaps the City needs a Risk Manager. Also, a study of the City's health insurance program should be done. Mayor Pro tem Chang would like the City Manager to report on the current status of the City's health insurance program. He would like this done on TV, so the citizens will also know the current status. Mayor Pro tem Chang would like information regarding the current status of the library expansion and when the matter will be placed on a Council agenda. Mayor Pro tem Chang received a letter from Rebecca and Al Johnson with no return address. He is taking this opportunity to tell them that the City has been working hard to secure a sound wall on the north side of the 210 Freeway, between Michillinda Ave. and Baldwin Ave. However, because of ' the State's shortage of funds, this will not be accomplished in the near future. Councilmember Kuhn extended her wishes for a Merry Christmas and Happy Holidays to everyone. She thanked all the City employees for a fantastic job done in 1994. The Police Department did an exceptional job a week ago. Also, many employees behind the scenes never receive the publicity or the credit they deserve. Councilmember Kuhn thanked them all, as well as the volunteers on the City's Boards and Commissions. They all help make this City safer, healthier, friendlier and a prettier place to live. Councilmember Lojeski extended Holiday greetings to colleagues, staff and everyone in the City. including the City employees who have worked hard through a very difficult and unusual year. I Councilmember Loj eski promised to make no derogatory remarks about TCI cablevision. Shortly after he did so at the last meeting, the entire system went out. Councilmember Lojeski noted that the City has been changing and one aspect of this is the lessening of the numbers of cars traveling through the City to and from the race track. A resident inquired if it was still necessary to have the street parking restrictions in effect in the Fairview Avenue area. As an example of City responsiveness, a survey was done by the Explorer Scouts and Police Reserve Officers and, as a result. some of the parking restriction signs have been removed. 4 12/20/94 I I LOJESKI ( Calif. School Dist. Conference Tape) (Chinese Language Newspaper Publication of Article Written by Mayor Pro tem Chang reo City /Labor Negotiations) ()()I(J.. .,' ) , ./(1 ~\ ~ : YOUNG (Holiday Greetings) l. PUBLIC HEARING (Text Amend. 94-010) (C.U.P. for Businesses w/4 or More Arcade Game Machines) (APPROVED) pr:' ?~ .....~.,_ "~' 36:0430 Councilmember Lojeski referred to a December 15 memo 'which contained a comment regarding a tape from the California School District Conference. He obtained the tape and gave it to the City Manager. He encouraged the Councilmembers to listen to this tape. It has some interesting viewpoints, one of which is the question of, why is it so difficult for a city and school district to work together. Councilmember Lojeski stated that he has served on the City Council since 1982, and has served with many different and d~verse individuals. Once elected to the Council, councilmembers realize there is an unwritten rule about matters discussed behind closed doors. An individual councilmember may vote, express opinions about something, and may be out-voted, but that person should join in the direction upon which the Council has decided. Councilmember Loj eski presented to the Council a copy of an article written by Mayor Pro tern Chang. The article basically says that Sheng Chang called a reporter of a Chinese language newspaper and issued a statement. The content of the article refers to the City Council's position on the labor negotiated matter of a potential 3/12 work plan with the police officers. It had been agreed that a councilmember should not use the public microphone and the public entity as a forum for his position. An individual councilmember should not go off in a different direction when the Council agreed unanimously that whatever information should come out referring to either the position of the Councilor an individual, should go through three people: the Mayor, the City Manager or the City Attorney. Labor negotiations are difficult and tedious and a delicate task. To use the newspaper or the microphone as a forum is absolutely an atrocity. Mayor Pro tern Chang has gone on record as to how he voted; that he has done a study of the South Pasadena Police Department and Washington State Police; changed his mind and is taking a different direction. Common courtesy would indicate this he communicate this change of mind to the other councilmembers. This is a form of grandstanding; becoming the hero of some kind of cause. He should have the courtesy to communicate with fellow councilmembers first. Councilmember Lojeski stated that if this taking information out of a closed door session continues, he will come into this public room and make the appropriate motion to sanction and censure Mayor Pro tem Chang. If Mayor Pro tem Chang is trying to serve the best interests of all of the people in this community, why not place the message in a newspaper that everyone can read? Arcadia contains diverse populations. This article was written three days after the previous council meeting, and Councilmember Lojeski finds it disgusting; finds this attitude to be appalling and he now feels a lack of trust in his fellow councilmenber. Mayor Young wished a Merry Christmas and a Happy New Year to all the staff and citizens of Arcadia. " We are happy to serve you and hope we are doing our best for you." PUBLIC HEARINGS Text Amendment 94.010 was initiated by Council which directed staff to prepare a text amendment requiring a Conditional Use Permit for businesses with four or more arcade game machines. The Planning Commission considered T.A. 94-010 at its November 22 meeting and voted 6 to 0, with one member absent, to support staff's recommendation. Commissioner Kovacic preferred that the number of game machines be reduced to two instead of three without a Conditional Use Permit. Also, Commissioner Kovacic felt that game machines should not be allowed adjacent to the front windows because they were unSightly and the backs are visible from the street. 5 12/20/94 2. , .r ". PUBLIC HEARING (Text Amend. 94-011) (Outdoor Dining in Public Right-of-Way) (APPROVED) 36:0431 Mayor Pro tern Chang noted that the statement on page 5 of the December 20 staff report, "nor is there a proliferation of game machines where more than two persons can play (11 machines out of 91 machines in the City)" should read "11 machines out of 70" because Action Arcade was not surveyed. Mayor Young declared the public hearing OPEN. Gail Marshall, 2320 Lee Avenue, stated, in part, that Action Arcade is working under a Conditional Use Permit which is different than businesses with less than seven games. The other businesses have licenses for the games, but don't have a Conditional Use Permit, and that is the difference. That is possibly why Action Arcadia was excluded from the survey. I In response to a question from Mayor Pro tern Chang, staff replied that Shakey's Pizza on Foothill Blvd. has a Conditional Use Permit; the bowling alleys do not have Conditional Use Permits. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED. It Was MOVED by Councilmember Margett, seconded by Mayor Pro tem Chang and CARRIED on roll call vote as follows to APPROVE Text Amendment 94.010; APPROVE and FILE the Negative Declaration and FIND that the Text Amendment will not have a significant effect on the environment, and DIRECT staff to prepare the appropriate ordinance for adoption at a later meeting. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None In November the City Council directed staff to prepare a text amendment allowing sidewalk dining in the public right-of-way. (Text Amendment 94.011). The Planning Commission at its November 22 meeting unanimously voted to recommend approval of sidewalk dining to the City Council. The Planning Commission did concur with staff's recommendation. however, the Commission felt that it would be desirable to allow portable heaters within the sidewalk area. After checking with the Fire Department, staff was advised that the Fire Code prohibits the use of these types of heaters, and that has not been included in the staff recommendation. In response to questions from Mayor Pro tern Chang, staff replied the recommendation is for one row of tables adj acent to the building. Also, this is an amendment to the Municipal Code and does not require a Negative Declaration. Mayor Pro tern Chang requested elimination of the wording, "without cause", Page 8, I Item U. of the draft ordinance with regard to termination of the permit. The City Attorney stated the City wants to maintain absolute control over City rights.of.way. Therefore, to accommodate Mayor Pro tem Chang and yet keep to that purpose, he suggested the statement, "with reasons". If the words "without cause" are completely eliminated, and therefore require the City to terminate a permit with cause, it gives the businesses a legal argument to take the City to court, where now the City has absolute control over the sidewalks. In response to a question from Councilmember Margett. staff replied that the statement "no product advertising on umbrellas" was included because ordinarily the City does not permit any advertising on outdoor displays. The City Manager explained that one of the concerns is that the umbrellas could be used as signs. There would be a proliferation of enforcement of the sign code. Also, there will be a control problem as to what is a sign and what is not. Councilmember 6 12/20/94 ... 36:0432 Margett did not feel it would be a problem. Mayor Young thought the City should try it the way it is written, and see if there is a response from the restaurant owners. Councilmember Kuhn agreed that it would be better to be conservative to start out. It can always be changed. Mayor Pro tem Chang concurred. In response to questions from Mayor Pro tem Chang, staff responded that the- Operations Standards will be consistent with the ordinance in the final form. In response to a question from Mayor Young, staff responded the types of poles used for the dividers will be subject to approval by the Public Works Department, and there will be some provision to have the holes capped when not in use. Mayor Young declared the public hearing OPEN. I Bill Conno11v 815 East Camino Real, stated, in part, that he owns the property at 21 South First Avenue. He has had many inquiries from persons interested in utilizing the First Avenue property for a restaurant. Before this Council was elected there was a great deal of interest in revitalization, and a good number of people were interested in sidewalk dining. The revitalization of the downtown area died for a while, but now there seems to be renewed interest in it. He feels that the Council should make it easier to bring business into the City, i. e., a one-stop permit process to make it simple and easy. Also he thinks the restaurant business owner should make the application to the abutting owners; rather than the property owner. Also, he thinks that the restaurant owner should be able to use the umbrellas with advertising which are provided at no cost to the restaurant owner. This would produce the Pasadena Old Town look. The City should look at what other successful cities have done and do the same. Jerrv Mascot, 11137 Daineswood Drive, President, Arcadia Downtown Business Association, stated, in part, that he thinks it is important to create an atmosphere in this City that is pro- business. It should be worth any additional work that it might cause for City staff to encourage businesses to move into Arcadia and employ people who live in Arcadia, create sales tax, and do everything possible to encourage businesses that are already here. Any ordinance of the Council should be one that business people can work with easily without having to go through four or five hoops, making it difficult to get anything done. He encourages the City to try to make it easy for businesses to move into the City and do business. No one else desiring to be heard, the public hearing was CLOSED on MOTION by Counci1member Lojeski, seconded by Counci1member Margett and CARRIED. I Counci1member Lojeski agreed with the speakers and would support a motion to proceed with this text amendment. However, he suggests that the restriction of no product advertising on the umbrellas be dropped. The umbrellas will be folded up and moved inside at night so they are different from signage indicated in the sign code. Part of the charm and environment that is created becomes what may be on the umbrellas. He would like to see that section merely read that canopies or umbrellas must be fire treated. Council should work to encourage businesses and restaurants to come into the City. These little nit picking restrictions just delay the whole process. It was MOVED by Counci1member Lojeski, seconded by Counci1member Margett and CARRIED on roll call vote as follows to APPROVE Text Amendment 94-011, and DIRECT staff to prepare the appropriate ordinance for adoption at a later date. Mayor Pro tem Chang obj ected to allowing advertising on the umbrellas because there will be too many advertisements and they 7 12/20/94 ROLL CALL l. PUBLIC _. I <-I (j ~"HEARING tJ~) " v ADOPTION OF FIVE-YEAR IMPLEMENTATION PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT (APPROVED) 36:0433 will make the City unsightly. He does not think it is a good idea. He does not think this section of the ordinance will adversely affect a businessman's desire to come into Arcadia to do business _ He would like to have the ordinance presented without the change suggested by Councilmember Lojeski. Councilmembers Lojeski and Margett reiterated that they felt that the umbrella advertising should be pet:mitted. Mayor Young suggested the text amendment be approved and when the ordinance is brought back to Council for introduction, these possible changes can be further discussed. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None I CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None PUBLIC HEARING AB1290, the Redevelopment Reform Law, passed in 1993, requires redevelopment agencies to prepare and approve after a duly noticed public hearing, a five year "Implementation Plan" This is also required by SB732. The Plan is a blueprint for future Agency activities and describes Agency goals and objectives, how the Agency will eliminate blight, current and proposed projects and programs to address blight, and how the Agency will implement its housing responsibilities. The Plan is to be adopted by the Agency before the end of this calendar year. AB1290 also requires that redevelopment agencies amend certain time limits contained within redevelopment plans. The law requires that agencies establish shorter time limits establishing when an agency may incur debt, allow redevelopment plans to operate, and payoff debt. These mandated limitations were adopted by the Agency and City Council on November I, 1994 with passage of Ordinance No. 2025. This changed the date the Agency can incur debt from 2026 to the year 2004; and changed the life of the plan from 2026 to the year 2014, and changed the debt payoff date from "reasonable" to the year 2024. Agency staff reviewed in considerable detail key elements of the Five Year Implementation Plan including Documentation of Blight; Statement of Goals and Objectives; Identification of Future Agency Projects; and Housing. I The most recent updated list of obligations, programs, projects and activities made pursuant to AB265 is contained in Resolution No. ARA-174, adopted July 5, 1994. The list contains fourteen projects: Northwest Corner Project (Second and Huntington); Southwest Corner Project (Second and Huntington); Transit Center Project (First/St.Joseph/R.R.); Fifth Avenue Project (Fifth/Santa Clara/Santa Anita Wash); Front Street Project (by the railroad); Santa Anita, Santa Clara to Morlan Place Project; Huntington/First/Wheeler/Railroad Project; Northwest corner of Santa Anita/Huntington to Morlan Project; First/LaPorte/Flower/ St.Joseph Project; Post Office Area Project; Forest Service Area Project; Alta Street Parking Project (west of First Avenue); Alta Street Parking Project (east of First Avenue); Foulger Ford Site Project (NEC Huntington/Santa Clara). 8 12/20/94 36:0434 On October II, 1994, the Agency gave staff direction on several projects and programs. In particular, the Agency endorsed the Downtown 2000 Revitalization Program. This comprehensive program is composed of a number of interrelated and complementary components including: Downtown 2000 Streetscape Project; Commercial Facade Rehabilitation Program; Business Attraction and Retention Incentive; Accessway Acquisition and Southside Parking Program; Downtown Directional Signage Program; Private Cooperative Parking Program; Downtown Marketing Program; Special Promotional Event Programs; and Merchant Technical Assistance. I These projects and programs must be linked to the goals and objectives; they must also be linked to the definition of blight, as set forth in the Implementation Plan. In addition the Agency must show an estimate of the cost of the project. One of the AB1290 requirements is that the Agency provide a detailed plan covering the next five years which provides types and numbers of Agency assisted low and moderate income housing. Whatever is adopted must be measurable so that in the future the Agency can measure and quantify whether the goals and objectives have been met. Also, whatever is adopted must be consistent'with the City housing element. The Agency is not required to meet past or future inclusionary housing requirements, nor is it required to replace previously destroyed housing units. However, the California Relocation Law requires that all pre-1976 redevelopment agencies, effective January I, 1996 must replace destroyed units on a 1 for 1 basis within the project area within four years. 75% of the units must be for the same income family as occupied the unit prior to removal. The Implementation Plan for the Arcadia Redevelopment Agency describes the programs which are proposed to be undertaken over the next five years in pursu~t of the goal of eliminating blight from the Project Area and providing affordable housing. Redevelopment, is, however, a very fluid process which is subject to changing issues, conditions and priorities. For these reasons, AB1290 includes provisions for review and amendment of the Implementation Plan. The law requires that the Plan be subject to periodic public review. This review must be held at least once during the five year period covered by the Plan. The review is to occur no sooner than two years and no later than three years after Plan adoption. In addition to the mandated review included in AB1290, the Agency may review and amend the plans, goals, objectives, programs and expenditures after a noticed public hearing at any time conditions require such action. I The redevelopment plan has been amended pursuant to State law and requires that the Agency must cease all eminent domain activity on June 30, 1998. The Agency can amend the plan by a formal amendment process, but if this is not done, the Agency by 1998 will lose its power of eminent domain. That could interfere with the Agency's ability to carry out projects, according to Agency staff. In response to questions from Agency Member Margett, staff replied that rather than build low/moderate income housing, the Agency has the option of transferring the housing set-aside funds to the Los Angeles County Housing Authority for Section 8 rental subsidies. However, the Agency cannot be certain that the funds will be utilized for this purpose. The County Housing Authority has the option of using the funds for new multi-family construction if they wish. The Executive Director pointed out that the Agency has two years to develop a housing plan. Chairman Young declared the public hearing OPEN. 9 12/20/94 RESOLUTION NO. ARA-175 (ADOPTED) o (, -(() 1(') l. MINUTE APPROVAL (Nov.15.1994) (Dec. 6, 1994) (APPROVED) 2. 3. REDEVELOPMENT AGENCY ANNUAL REPORT TO THE STATE (APPROVED) (...,( 1(; " 2. SEVENTH MODIFICATION AGREEMENT FOR SOUTHSlDE (GRIBBLE) PROJECT (APPROVED) 066(l. )(,3 36:0435 No one desiring to be heard, the hearing was CLOSED on MOTION by Agency Member Lojeski, seconded by Agency Member Kuhn and CARRIED. The Economic Development Administrator presented and read the title of Resolution No. ARA-175: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY APPROVING THE ADOPTION OF A FIVE YEAR IMPLEMENTATION PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AREA" It was MOVED by Agency Member Kuhn, seconded by Agency Member Margett and CARRIED on roll call vote as follows that the Agency ADOPT Resolution No. ARA-l7S APPROVING the Five Year Implementation Plan (FY 1994/95 1998/99) for the Central Redevelopment Area. AYES: NOES: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None None I CONSENT ITEMS APPROVED minutes of the November 15 and December 6, 1994 regular meetings. Considered separately (see below) APPROVED the FY 1993-94 Annual Report and AUTHORIZED staff to transmit the report to the State Department of Housing and Community Development (HCD) and the State Controller. THE ABOVE CONSENT ITEMS NO. 1 AND NO. 3 WERE APPROVED ON MOTION BY AGENCY MEMBER LOJESKI, SECONDED BY AGENCY VICE CHAIRMAN CHANG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None None Arcadia Gateway Center Associates, Ltd., the developer/owner of the Southside (Gribble) Project would like to modify the provisions of their loan for that project with First Interstate Bank. As a condition of this Seventh Loan Modification Agreement, First Interstate has requested that the Agency reaffirm its second position to the First Interstate Bank Deed of Trust and consent to the Modification Agreement. Staff recommends approval. I Agency Vice Chairman Chang inquired why the Agency is considering this matter when the Agency's trust deed has no value; why not just tear up the trust deed. The Economic Development Administrator responded that in the future the Agency will formally request removal of the trust deed. The Agency General Counsel stated, in part, that this has to be documented, and at present the Agency does not have the information or the documentation in an appropriate form to take that action. Also, such action is not on the agenda for this evening's meeting. It was MOVED by Agency Vice Chairman Chairman Young and CARRIED on roll APPROVE the Seventh Modification Chang, seconded by Agency call vote as follows to Agreement between First 10 12/20/94 I I ADJOURNMENT 1. ,,\';,1:''','' ,'\. 2. d,' $(" _ .';('1 EQUIP.PURCH. (5 Sedans - Taxi Configura- tion) (Arcadia Transit) 3. f).\O'/r .;'it' EQUIP.PURCH. (Aerial Ladder Truck) (Fire Dept.) 4. f,(/~1 '" APPROVED ARA FY 1993-94 ANN . RPT. & TRANSMITTAL TO STATE HCD & STATE CONTROLLER 1. MINUTE APPROVAL (Nov.15,1994) (Dec.6,1994) (APPROVED WITH CORRECTION) 36:0436 Interstate Bank and Arcadia Gateway Center Associates. Ltd.; and AUTHORIZE the Executive Director to execute all documents, subject to minor modifications, as to form by the Agency Attorney. AYES: NOES: ABSENT: Agency Members Chang, Kuhn, Lojeski, Margett and Young None Non'e The meeting ADJOURNED to a Closed Session following the Council meeting and to 7:00 p.m., January 3, 1995. CITY COUNCIL RECONVENED CONSENT ITEMS Considered separately (see below) AWARDED contract in the amount of $105,899.96 to Rotolo Chevrolet for the purchase of five sedans of taxi configuration for Arcadia Transit; and APPROPRIATED an additional $7,000 from Transit funds and AUTHORIZED the City Manager to execute said contract in a form approved by the City Attorney. INCORPORATED the bid procedure of the Los Angeles City Fire Department, and WAIVE non-compliance with the specific bid process of the City of Arcadia; AUTHORIZED purchase of a new 100' aerial ladder truck in accordance with City of Arcadia specifications from Simon Ladder Towers, Inc. of Ephrata, PA in the amount of $539,085 including sales tax and delivery; and AUTHORIZED the City Manager to execute a contract in such form as approved by the City Attorney. APPROVED the Arcadia Redevelopment Agency FY 1993-94 Annual Report and DIRECTED staff to transmit said report to the State Department of Housing and Community Development (HCD) and the State Controller. THE ABOVE CONSENT ITEMS NOS. 2, 3 AND 4 WERE APPROVED ON MOTION BY MAYOR PRO TEM CHANG, SECONDED BY COUNCILMEMBER MARGETT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None 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 regular meetings of November 15 and December 6, 1994, with a correction on the December 6, 1994 minutes as to the statement of availability of Mandarin language in the 9.1-1 interpreter service provided by the state to all emergency services. Mandarin is not available at this time. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None 11 12/20/94 l. CITY INVESTMENT PRACTICES f) ., .I'~ . i.1() L>.I .") ," ,. 36:0437 CITY MANAGER The City Manager stated that he felt it appropriate to give a presentation on City investment practices and answer any questions that Council might have as to how City money is invested: The Administrative Services Director Jim Dale stated that our investment policies are very different than Orange County's practices. He further stated that he has been telling people, "no - no -no - we are not in the Orange County pool". If Arcadia had been in the Orange County pool, approximately $15 million would have been lost. Also we do not invest borrowed money as Orange County did. Our priorities in order of importance are (I) safety of principal; (2) liquidity or ability to cash in on investments at any time at minimum risk of principal or interest; and (3) yield or rate of return. He thinks in the case of the Orange County pool, this was reversed and the yield was the number one criteria, and a long way down the line was protection of the principal and liquidity. As a result, we are seeing these great losses. The Finance Department annually presents a copy of our investment policy to Council. Our policy does not authorize us to invest in reverse, repurchase agreements. Much of the whole portfolio of Orange County was based on this type of investment. Our investment policy provides guidelines for the prudent investment of the City's funds. Council is presented a copy of the investment portfolio on an monthly basis. That report has full disclosure of what investments we have, their maturity dates, the yields, the market value. Our investment is a conservative policy and our portfolio reflects this. Also, Mr. Dale said, in his opinion, Arcadia has possibly the best City Treasurer in the State, Jerry Parker. I Mr. Parker was present to answer questions from Councilmembers. In response to questions from Councilmember Margett, he explained that a derivative is an instrument where the yield is based on something other than a constant rate; it is based on a formula. The interest rates of such instruments that the City owns are not the best at this point in time, but they will be held to maturity, so we will get back full principal. The only thing that may vary is the interest paid. What Orange County did was to leverage their portfolio. A large percentage of City investment is in Federal Agencies and Treasuries. We try to participate in rising interest rates by the purchase of "step- up" bonds where the interest rises throughout the life of the instrument. The key to our investment strategy is that every time we buy an investment we look to see if we can hold it to maturity. Then if the market does go against us and the value happens, to go down, it is not devastating because we know that at maturity we will get the money back. The one risk that the there is here is an opportunity cost -. on any given day possibly we could have done better by purchasing one security over another ~. but again, it may be lower. We have had good experience the last few years. We are in a "buy and hold" mentality now. We do not purchase corporate bonds; we prefer to have Treasuries and Agencies. I Mr. Parker said he has been doing this for thirteen years, and he can reiterate many instances where other cities have lost money on zero coupons, SBA's and different types of investments. To date, Arcadia has never lost a nickel. We never had money in a S & L when they were failing in the late eighties and early nineties. We pulled our money out if an S & L was even showing signs of trouble, even though we were insured. As a Treasurer. he did not want money in a failed institution. We try to be conservative and aggressive to try to take advantage of some of the securities out there. but we don't go off the deep end. The one criticism he might have is that perhaps the interest rate'on an investment might not be the highest, but also it is not the lowest. 12 12/20/94 I I 1. RESOLUTION NO. 5832 (ADOPTED) r) '; .,.' , " 2. ORDINANCE NO. 2026 (ADOPTED) ""'r "f r / f , .' .. 3. ORDINANCE NO. 2028 (INTRODUCED WITH CORRECTIONS) I " " I'" , ,', lJ )' , 4. -::..-..., ~ j.j ORDINANCE NO. 2029 (CONTINUED TO JAN. 3 1995) 36:0438 CITY ATTORNEY The City Attorney presented and read the title of Resolution No. 5832: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5608 REGARDING Y -RATING POLICY. " In response to Mayor Pro tern Chang, the Human Resources Manager clarified the Y-rating process. Further the City Manager advised that the salaries of the City Manager and the City Attorney are not affected by this Resolution because their salaries are a matter of contract between them and the City Council. It was MOVED by Councilmember Lojeski, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Resolution No. 5832 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented and read the title of Ordinance No. 2026: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 3 OF CHAPTER 1 OF ARTICLE V REGARDING REGUlATIONS FOR THE COMMERCIAL AND INDUSTRIAL RECYCLING PROGRAM" . It was MOVED by Mayor Young, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2026 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented for introduction and read the title of Ordinance No. 2028: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A NEW PART 4 TO ARTICLE VIII, CHAPTER 0, ESTABLISHING A BUILDING CODE APPEALS BOARD AND AMENDING DIVISION 6, PART 3, CHAPTER 1 OF ARTICLE III RElATING TO FIRE CODE APPEALS OF THE ARCADIA MUNICIPAL CODE AND DESIGNATING THE DEVELOPMENT SERVICES DIRECTOR AS THE 'BUILDING OFFICIAL'''. Mayor Pro tern Chang indicated that he would like to see this Ordinance changed to provide means whereby the applicant would be able to appeal the decision of the Appeals Board to the City Council in the same period of time for Council review. It was MOVED by Mayor Young, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Ordinance No. 2028 be and it is hereby INTRODUCED with corrections. The corrections will be made to the Ordinance when it is returned to Council for adoption. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented for introduction and read the title of Ordinance No. 2029: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6434.2 OF THE ARCADIA MUNICIPAL CODE RELATING TO COMMERCIAL REFUSE AND THE COLLECTION THEREOF". 13 12/20/94 5. ORDINANCE NO. 2030 (ADOPTED) .: ). J ,) 6. ORDINANCE NO. 2031 (ADOPTED) :' . I .. ,;f'j t., ,'.,) . .':1',,') CITY ATTORNEY 1'- ,I 36:0439 Councilmember Margett stated that he would like staff to review this ordinance in light of the remarks made earlier in this meeting by Mr. Sloan and Mr. Stephan. The ordinance should be written so that one company does not have an advantage over the others. Mayor Pro tern Chang agreed that this ordinance would result in unfair competition. By general consent Council will CONTINUE consideration of Ordinance No. 2029 to the January 3, 1995 Council meeting. The City Attorney presented and read the title of Ordinance No. 2030: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6439 SUB-SECTION (7) (b) OF THE ARCADIA MUNICIPAL CODE BY AMENDING (b) AND ADDING SUB-SECTIONS (1) THROUGH (3) REGARDING REMOVAL OF NEWSRACKS AFFECTED BY PUBLIC PROPERTY PROJECTS". I It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that Ordinance No. 2030 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None The City Attorney presented and read the title of Ordinance No. 2031: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 9 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE CONCERNING ORGANIZATION AND TITLE CHANGES APPLICABLE TO REORGANIZATION OF THE FINANCE DEPARTMENT TO ADMINISTRATIVE SERVICES AND COMMUNITY DEVELOPMENT TO DEVELOPMENT SERVICES". It was MOVED by Councilmember Lojeski, seconded by Councilmember Margett and CARRIED on roll call vote as follows that Ordinance No. 2031 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None CLOSED SESSION The City Attorney announced that the City Council will adjourn to a Closed Session pursuant to Government Code Section 54956.8 to confer with Agency real property negotiator regarding instructions concerning the possible sale or lease of the Agency- owned real property located at the southwest corner of E. Huntington Drive and S. Second Avenue (154-170 E. Huntington). Negotiations are with Thomas Shannon of Outback Steak House. I Pursuant to Government Code Section 54956.8 to confer with Agency negotiators regarding instructions concerning a possible lease affecting real property located at 440 E. Huntington Drive. Negotiations are with George Grosso of Bend Properties (owner and landlord). Pursuant to Government Code Section 54975.6 for conference with labor negotiator Gary Rogers regarding the Arcadia Firefighter's Association and the Arcadia Police Relief Association. Pursuant to Government Code Section 54954.2 the need to take immediate action has arisen with regard to threatened litigation. Threatened litigation is covered by Government Code Section 54956.9. The City Attorney stated he is not in a position to give the name of the party who has threatened the litigation 14 12/20/94 I I MOTION (Need to Take Action Arose After Agenda Preparation) MAYOR YOUNG COUNCILMEMBER LOJESKI (In Memory of Jim Neumeister) ADJOURNMENT (Jan.3,1995 7:00 p.m.) ATTEST: 36:0440 because that would jeopardize settlement. However the need to take action to discuss this matter in closed session arose after the agenda was prepared. It was MOVED by Councilmember Lojeski, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows that the need to take action arose on the issue of threatened litigation after the agenda was prepared. AYES: NOES: ABSENT: Councilmembers Chang, Kuhn, Lojeski, Margett and Young None None Mayor Young adjourned the meeting with a wish for a Merry Christmas to all the citizens. Councilmember Loj eski "adj ourned tonight's meeting in memory of an individual who was extremely instrumental to the youth of this community. We have all sat here for many, many performances of the Arcadia High School Chanteurs. The original vocal music Director of Arcadia High School was a personal friend, an old friend, of mine by the name of Jim Neumeister. I believe he was employed by the District for twenty or twenty-five years. I was very saddened on Saturday to read in the Star News simply that James Neumeister, 73, of Arcadia passed away. I am sorry I really don't have any more information other than that the services were held at 2:00 p. m. on Monday at Riverside National Cemetery in Staging Area One in Riverside. Turner and Stevens Mortuary handled the services out of Monrovia. I think those of you who attended the inter-cultural evening which we had recently will remember that it was basically an evening of the importance of music and the arts in our public school education. Jim Neumeister was mentioned. He was very, very instrumental in the arts and particularly the vocal music department as we see it and as we know it today in Arcadia. The City of Arcadia has lost a tremendous friend. I would like to adjourn tonight's meeting in memory of my friend, Mr. James Neumeister" At 9:30 p. m. the City Council ADJOURNED to a CLOSED SESSION, RECONVENED and ADJOURNED at 11:45 p. m. to Tuesday, January 3, 1995 at 7:00 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. '/J7,u{ofi ~ Mary B. Y ng, Mayo ~< L~nJ J D. Alford, Ci 15 12/20/94