HomeMy WebLinkAboutDECEMBER 20,1994
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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
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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
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12/20/94
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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
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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.
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12/20/94
I
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LOJESKI
( Calif.
School Dist.
Conference
Tape)
(Chinese
Language
Newspaper
Publication
of Article
Written by
Mayor Pro tem
Chang reo
City /Labor
Negotiations)
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YOUNG
(Holiday
Greetings)
l.
PUBLIC HEARING
(Text Amend.
94-010)
(C.U.P. for
Businesses
w/4 or More
Arcade Game
Machines)
(APPROVED)
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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
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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