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HomeMy WebLinkAboutMARCH 20,1990_2 OlIO. "'-0 O..JcJt;?e; !<:. 32:0058 ~ CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the 1 ARCADIA REDEVELOPMENT AG~NCY REG~ MEETING HARCII ~O, 1990 The City Council and the Arcadia Redevelopment Agency met in regular session at 7:30 p. m., Tuesday, Karch 20,1990 in the Arcadia City Hall Council Chamber. INVOCATION Rev. Drell Butler, Arcadia Community Church PLEDGE OF ALLEGIANCE Police Captain David Hinig ROLL CALL PRESENT: Councilmembers Harbicht, Lojeski, Young and Chandler ABSENT: Councilmember Gilb On MOTION by Councilmember Young, seconded by Councilmember Lojeski and CARRIED, Councilmember Gilb was EXCUSED. MINUTE APPROVAL (Mar. 6, 1990) (APPROVED) On MOTION by Councilmember Lojeski, seconded by Councilmember , Young, and CARRIED, the Minutes of the Adjourned and Regular Meetings of Karch 6, 1990 were APPROVED. ORD. & RES. READ BY TITLE ONLY It was MOVED by Councilmember Harbicht, seconded by Council- member Young and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. CLOSED SESSION The City Attorney announced that, W the Arcadia Redevelopment Agency and the City Council met in CLOSED SESSION pursuant to Government Code Section 54956.8 to give the City's negotiator, Pete Kinnahan, some direction and instructions with regard to the potential acquisition of property at 148 - 154 East Huntington Drive and to discuss that with the representative for the property owners, Mr. Mike Ludecke. That was the property owned by Zahir and Younaeiw. 1 3/20/90 -1- SOUTH PASADENA MAYOR, SAM KNOWLES (Waste-Ily- Rail proposal) of;J<.;). fo 6JCJ,dt. II If-.',. ) 32:0059 PRESENTATION South Pasadena Mayor, Sam Knowles made a presentation to City Council with regard to the Waste-By-Rail proposal; speaking as a member of the San Gabriel Valley Association of Cities Task Force with regard to solid waste disposal by rail haul. For the past several years, the Task Force has been working on a scheme to dispose of solid waste by means of rail haul; it is a feasible scheme. However, in order to make this a viable and effective system, it is required that there be an entity which will be' identified as the Joint Powers Authority that will provide a contracting person or parties with whom the private haulers can contract. The Joint Powers Authority will be made up of cities who join together, who, combined, will provide a minimum of 24,000 tons of trash per week to the parties that will dispose of it. There is a need for another means of disposal for solid waste rather than landfill disposal because this area is running out of landfill space, This problem must be solved by the cities in this area. The Joint Powers Authority will consist of cities who join to provide this solid waste for disposal; it will be set up for a period of 25 years; it will only be formed when there are enough cities involved that there be 24,000 tons of solid waste available per week, and a workable contract can be executed. The Members of the Board will be the cities who have joined JPA and from the Board there will be an Executive Committee formed consisting of four members from the Board and one from the Sanitation District. The JPA will provide the administration and will provide a place to dispose of the waste; the cities who join initially will be able to come in with a basic rate charge (in subsequent years there will be 5% per year for two years added to those who come in later). AB 939 requires that by 1995, 25% of solid waste has to be , recycled and by the year 2000, 50% City recycling plans as well as a transfer station recycling effort, which they seb as imperative in this operation, should enable the City to achieve compliance. He is asking for a Resolution from Council stating that Arcadia will join the JPA and then make a commitment as to the amount of solid waste, perhaps two- thirds of the waste stream. Councilmember Harbicht noted that currently the City is paying ( about $14/ton tipping fee; this study presented tonight suggested the cost to be approximately $50/ton. Mr. Knowles responded that eventually the City will run out of landfill space. Councilmember Harbicht said this proposed cost would amount to approximately two and one-half million dollars a year for the Waste-By-Rail; current costs are approximately three quarters of a million dollars annually. Mr. Knowles reiterated that eventually the present landfills will be unavailable. Mr. Knowles, in answer to Councilmember Harbicht's question, said this project would be feasible 1 because it is technically positive and possible sites are Elsner Canyon in Los Angeles County and possibly, Amboy or Eagle Mountain. He has not actually been involved in any of these discussions. 1 Councilmember Harbicht noted that Arcadia currently has a private trash contractor. If the City enters into this contract, that contractor will have to deliver at least two- thirds of the trash to the transfer station, then either the contractor would have to charge the residents more or the City would have to do so, This would involve an immediate increase of about 60%. Mr. Knowles agreed. Councilmember Young inquired as to the time schedule for obtaining these commitments from the cities. Mr. Knowles replied they would like to receive the resolutions within ninety days, and have the JPA established by the end of the year. He would like Arcadia to commit to this concept. In reply to staff's question, Mr. Knowles replied this initial resolution would 3/20/90 -2- 1 1. 2. 3. 3a. ROLL CALL 3b. MINUTE APPROVAL (Mar. 6, 1990) (APPROVED) 1 3c. . SOILS CONTINGENCY FUND BAL. RELEASE (Falzone - 170 E. Htg. Dr.) (DENIED) 0660.1./1 Sw (J;N/(f Hi;' 32:0060 be one of intent and later the City would be asked to sign the JPA agreement. Cut-off date for comments on the draft resolution will be within the next two or three weeks. Staff inquired if some hard figures as to cost would be available and if the contractor would be chosen before the JPA contract is executed. Mr. Knowles replied JPA would be the entity to select the contractor, after which negotiations will be undertaken concerning the terms and costs. Staff noted a problem with this in that the various cities are being asked to authorize what amounts to a blank check ... commit to the JPA. guarantee a certain tonnage of trash each week to the program. but the costs are unknown. Mr. Knowles felt that they would be looking at a cost of $40-$50/ton for disposal. Cities who join will be members of the board of JPA and in a position to guide it. Councilmember Harbicht inquired if the City could withdraw if they were not satisfied with the operation. Reply was the City could not; it could, however. in conjunction with other cities in the JPA, refuse to execute a contract with the supplier; or poss!.!>:l:>, ..,,~ell the commitment to some other city which wanted to become a basic member. Voting authority will consist of one vote per city. Staff would like to provide as much specific information as possible ~o Council. Mr. Knowles replied that in~ormation could be provided. The cities will be formally approached to sign the JPA agreement in about ninety days. Comments may be directed to Steve Maguin. Head of the Solid Waste Management Department, Sanitation District. AUDIENCE PARTICIPATION None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Harbicht. Lojeski, Young and Chandler ABSENT: Agency Member Gilb On MOTION by Member Young, seconded by Member Harbicht and CARRIED, Member Gilb was EXCUSED. On MOTION by Member Lojeski. seconded by Member Young and CARRIED, the Minutes of the Meeting of March 6, 1990 were APPROVED. Member Lojeski stated that, upon advice of Agency Counsel, he would be ABSTAINING from voting on items 3c and 3d because of possible potential conflict of interest. The Arcadia Redevelopment Agency acquired the property at 170 E. Huntington Drive on May 26, 1989 from Sam Falzone. As part of the Agreement to acquire the property, the Agency withheld $90,000 in a Soils Contingency Fund to address any problems which might arise through the discovery of contaminated soils conditions or abandoned underground fuel tanks. The Agreement to Acquire does obligate Mr. Falzone to provide a clean property at his expense though a Soils Condition Warranty. McLaren Environmental Engineers has issued a Final Closure Report for the property and has indicated to Agency staff that they currently have no reason to believe any more soils contamination problems exist on the property. In light of the work performed on the property and McLaren's opinion of its condition, Sam Falzone has requested that the Agency release to him the remaining balance of the Soils Contingency Fund ($34,948.15 as of March 13. 1990). Agency staff is concerned that more soils problems could be uncovered due to the fact that site demoliton has not yet occurred. It is possible that additional soils contamination could be found. If the Agency releases the Soils Contingency Fund, it will be forced to pursue payment for clean-up expenses directly from Mr. Falzone. 3/20/90 -3- 3d. HEARING RE. EMINENT DOMAIN PROC. (Technar - 125 N.Second Av.) (CONT'D to May 1, 1990) CHJf-.O.I.(/ ~I {It/JOISI/IUN 3e. ADJOURNMENT 4. 5. Sa. PUBLIC HEARING SCHEDULED (T.A. 90-001 ) (April 3, 1990) o~r;GJ . ~~- 7l? <'I ..; " :.--'..; 'I 32:0061 In response to questions from Member Harbicht, staff replied that some delay has been encountered because of the difficulty in relocating Arcadia Van Lines. A relocation site in Monrovia has now been located and they should be moving soon. During the testing by Mclaren Environmental, four underground tanks were discovered and removed. McLaren expects no further problems; however, there is a furniture storage building and garage to be demolished and some areas covered with asphalt and concrete. These areas will be excavated as soon as Arcadia Van Lines moves to another location - ~ probably about two months. Member Young commented that she thought it prudent to keep the money until that time. 1 It was then MOVED by Member Young, seconded by Member Harbicht and CARRIED on roll call vote as follows that the request from Sam Falzone for release of Soils Contingency Fund balance (170 East Huntington Drive) be DENIED. AYES: NOES: ABSENT: ABSTAIN: Members Harbicht, None Member Gilb Member Lojeski Young and Chandler Technar has agreed to accept the Agency's offer to purchase their property at 125 N. Second Avenue and to relocate their tenants, demolish existing structures, and pay Technar for the design and construction of a replacement parking lot at 215 N. Second Avenue. A conceptual agreement between Technar and the Agency has been reached. Due to the complex nature of the agreement and staff's workload, Agency staff and Special Counsel have only recently completed the draft Purchase and Development Agreement. Since Technar and their legal counsel will need time to review and comment on the Agreement, it is suggested that the proposed hearing to consider adopting a Resolution of Necessity to acquire the Technar property be continued to May I, 1990. It was MOVED by Member Harbicht, seconded by Member Young and CARRIED on roll call,vote as follows that request to consider adoption of Resolution of Necessity instituting condemnation of certain real property at 125 N. Second Avenue (Technar) be CONTINUED TO MAY I, 1990. AYES: NOES: ABSENT: ABSTAIN: Members Harbicht, None Member Gilb Member Lojeski Young and Chandler The meeting ADJOURNED to 7:00 p. m., April 3, 1990. CITY COUNCIL RECONVENED I CONSENT ITEMS PUBLIC HEARING SCHEDULED FOR APRIL 3, 1990 for consideration of Text Amendment 90-001, to clarify, amend and add the wording relating to "Single Family Dwellings", "Building Height", "Equipment and Facilities", "Swimming Pools and Spas", "Equine Animals", and "Animals and Fowl" in the R-O, R-M and R-l zones. 3/20/90 -4- 1 1 Ov-U)-6S- 5b. 111 t10..gf)~ PUBLIC HEARING SCHEDULED (T.A. 90-002) (April 3, 1990) 5c. CONTRACT . AWARD (City Hall Air Cond.- Cal-Air, Inc.) O'JS()~ 11) /0",,,( felil! 1/1(; 6. 6a. RESOLUTION NO. 5526 (ADOPTED) o It.(C I't1 6r::, e/lkt4('f' 6b. RESOLUTlON NO. 5527 . (ADOPTED) OF.J<-,.,.,(l S' OUI.;A., h. (;l". 6c. RESOLUTlON NO. 5528 (ADOPTED) /0 t:'.. 1 .. ,/ / 6d. CLAIM OF E. N. BURNS (DENIED) ICl t I~ ~ tlO I3V/'rI'\ 32:0062 PUBLIC HEARING SCHEDULED FOR APRIL 3, 1990 for consideration of Text Amendment 90-002, to ame~d the lighting requirements, inside and outside storage refuse requirements and real estate sign regulations in the CPD-l, CoO, C-l, C-2, CoM and M.l zones. AWARDED contract for repair of the City Hall air conditioner to the low bidder, Cal-Air, Inc. in the amount of $7,770; if additional needed repairs are found upon teardown, work will be charged on a time and m~terial basis. AUTHORIZED appropriation of $9,770 from the General Fund ($7..770 for the contrac t bid amoun~ plus $2,000 contingency for additional repair work that may be needed). ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCIUlEMBER LOJESKI, SECONDED BY COUNCIUlEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chandler CITY ATTORNEY The City Attorney presented Resolution No. 5526: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR EISENHOWER PARK UNDER PUBLIC RESOURCES ACCOUNT - CIGARETTE AND TOBACCO PRODUCTS SURTAX FUND". It was MOVED by Councilmember Young that Resolution No, Councilmember Harbicht, seconded by and CARRIED on roll call vote as follows 5526 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmember Gilb The City Attorney presented Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY CALIFORNIA, CONCURRING WITH THE MEMBERSHIP OF COUNTY INTEGRATED WASTE MANAGEMENT TASK FORCE". 5527: "A OF ARCADIA, LOS ANGELES .A It was MOVED by Councilmember Young, seconded by Counc1lmember l ~Lojeski and CARRIED on roll call vote as follows that Resolution No. 5527 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Lojeski, Young and Chandler None Councilmmember Gilb The City Attorney presented Resolution No. 5528: "A RESOLUTION OF THE CITY COUNCIL ,OF THE CITY OF ARCADIA, CALIFORNIA, TO OPPOSE ASSEMBLY BILL 2541 (POLANCO) A TRANSPORTATION CONSOLIDATION BILL". It was MOVED by Councllmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution NO. 5528 be and it is hereby ADOPTED. AYES: NOES: ABS ENT : Councilmembers Harbicht, None Councilmember Gilb Lojeski, Young and Chsndler On recommendation of the City Attorney, the claim of E. N. Burna was DENIED on MOTION by Councilmember Young, seconded by Councilmember Lojeski end CARRIED on roll call vote ss follows: AYES: Councilmembers Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: Councilmember Gilb 3/20/90 -5- 32:0063 7. MATTERS FROM STAFF None 8. MATTERS FROM ELECTED OFFICIALS Requested an up-date on the Olive Garden Restaurant. Staff responded that they had been asking that question of Mr. Grosso. The latest information is that a lease has been signed with Olive Garden and the Gribble organization and the plans are in the hands of the Olive Garden people and they will file the plans when ready. Mr. Grosso was advised by the 06 [, () - X ~ Olive Garden people that the plans had been in preparation for /7 r;. "J,., ,-- \/ &fl a long time and was surprised to find out that they have not IJV /' VOI_::I, '\, been filed with the City. Councilmember Lojeski not:ed that he had been under the impression that this had to be approved quickly or Olive Garden would go elsewhere. In response to his question, staff responded that Olive Garden had until November to complete the construction. LOJ ESKI (Olive Garden Restaurant) 1 9. ADJOURNMENT (April 3. 1990 7:00 p. m.) At 8:16 p. m., the meeting ADJOURNED TO 7:00 P. M., April 3, 1990 in the Chamber Conference Room to conduct: the business of the Council and Agency and CLOSED SESSION, ,if any, necessary to discuss personnel, litigation and evaluation of properties. Ro ATTEST: rk J 1 3/20/90 -6-