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HomeMy WebLinkAboutNOVEMBER 6,1990_2 I I 32:0290 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Oct. 16, 1990) (APPROVED) ORD. &. RES. READ BY TITLE ONLY CLOSED SESSION l. PUBLIC HEARING (Updated Urban Water Manage- ment Plan) (ADOPTED) 0870- 5"3 o MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING NOVEMBER 6, 1990 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:40 p. m., November 6, 1990 in the City Hall Council Chamber. President Melvyn Reeves, Arcadia Stake, Church of Jesus Christ of Latter Day Saints City Clerk, June D. Alford PRESENT: ABSENT: Councilmembers Ciraulo, Fasching and Young Councilmembers Gilb and Harbicht On MOTION by Mayor Young, seconded by Councilmember Fasching and CARRIED, Councilmembers Gilb and Harbicht were EXCUSED. On MOTION by Councilmember Ciraulo, seconded by Council- member Fasching and CARRIED, the Minutes of the Joint City Council/ Planning Commission Study Session and Regular and Adjourned City Council Meetings of October 16, 1990 were APPROVED. It was MOVED by Councilmember Fasching, seconded by Councilmember Ciraulo and CARRIED, that Ordinances and Resolutions be read by title only and that the reading in full be WAIVED. CITY ATTORNEY The City Attorney announced that, "pursuant to Government Code Section 54956. 9(a), the City Council and Arcadia Redevelopment Agency met in a CLOSED SESSION to discuss the following lawsuits: Perales vs. the City of Arcadia; El Monte vs. City of Arcadia and Rodeffer; and Arcadia Redevelopment Agency vs. Santa Fe Railroad". Assembly Bill 797 requires the City to hold a public hearing on the Updated Urban Water Management Plan no later than December 31, 1990. Copies of the October 16, staff report and the Updated Urban Water Management Plan are attached to staff report dated November 6, 1990. The plan addresses the following requirements for the Plan as required by AB 797: (1) General information including utility size, population served and number of service connections; (2) History of water use including past, current and projected water consumption; (3) Current water conservation measures; (4) Alternative conservation measures with an evaluation of costs and environmental factors; (5) Frequency and magnitude of supply 1 11/6/90 32:0291 deficiencies including drought and emergency plans for short- term deficiencies; and (6) Schedule of implementation for planned water conservation measures. AB 797 calls for the Urban Water Management Plan to be updated every five years. Water conservation measures recommended for implementation in the plan are the continuation of a Water Conservation Tips column in the City Newsletter to encourage homeowners to use water wisely; monitoring City water use; continued participation in the Upper San Gabriel Valley Water Association and support of their public education efforts; availability of home-retrofit water conservation kits to property owners; and continued sending of "Water Waster" reminders. Mayor Young inquired if Arcadia would be selling water to the City of Sierra Madre. Staff responded this matter is still under negotiation; they are working on an agreement that may be proposed to Arcadia. I Mayor Young opened the public hearing. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Ciraulo, seconded by Councilmember Fasching and CARRIED. It was then MOVED by Councilmember Fasching, seconded by Mayor Young and CARRIED on roll call vote as follows that the Updated City of Arcadia's Urban Water Management Plan be ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching and Young None Councilmembers Gilb and Harbicht Councilmember Fasching complimented the Water Division on an outstanding job. 2. AUDIENCE PARTICIPATION Ann Parker, San Dimas and Doris Bower, 19 Christina, Arcadia, stated, in part, that today is Election Day and all the citizens have the right and freedom to vote on this day because members of our Armed Forces have been and are willing to sacrifice their freedom and lives, if necessary, to ensure this. There were 4,500 Armed Forces personnel reported missing in Asia; 1,500 are reportedly still alive; 400-500 in Laos. At least one of these is a young man from Arcadia. They have noticed that the POW-MIA flag which formerly was flown on the City Hall flag pole under the United States flag is no longer there. They are present tonight to requ~st that this flag be raised again at Arcadia City Hall. Their group will be willing to supply a POW-MIA flag for that purpose if they may have a flag raising ceremony. Mayor Young replied that I the matter will be taken under advisement when a full Council is present. 3. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE 4. ARCADIA REDEVELOPMENT AGENCY 4a. ROLL CALL PRESENT: ABSENT: Agency Members Ciraulo, Fasching and Young Agency Members Gilb and Harbicht On MOTION by Chairman Young, seconded by Member Ciraulo and CARRIED, Members Gilb and Harbicht were EXCUSED. 2 11/6/90 I I 4b. MINUTE APPROVAL (Oct. 16,1990) (APPROVED) 4c. AMEND. III - ARCON/SCHAEFER BROS. ERN - TIME EXTENSION (SW Corner Proj .) (APPROVED) Of.,80- Zl./l/ 32: 0292 On MOTION by Member Ciraulo, seconded by Member Fasching and CARRIED, the Minutes of the meeting of October 16, 1990 were APPROVED, The Agency has received a request from WLA Arcon/Schaefer Brothers for a time extension to their Exclusive Right to Negotiate Agreement with the Agency. This extension has become necessary in that the Red Lobster Restaurant has withdrawn as a tenant in the development. After discussing the extension request with Arcon/Schaefer Brothers, staff believes that a 90 day extension at no additional cost to the developer would be appropriate. During the 90 day extension period, Arcon/Schaefer Brothers will actively market the site to other restaurant users in an effort to fulfill the requirements of the ERN. All as yet unmet performance dates contained in the ERN Schedule of Performance would be extended by 90 days (to April 30, 1991) if the extension is granted. Arcon/Schaefer Brothers will also be required to extend the $25,000 Good Faith Deposit letter of credit mandated in the ERN to June 15, 1991. Staff recommends that this extended letter of credit be provided by the developer no later than December 10, 1990. Warren Lortie, representing WLA Arcon/Schaefer Brothers, stated, in part, that they have made considerable efforts to obtain a quality restaurant for the site. Dave Powell who has been spearheading this marketing effort has prepared a report of his activities. Soon after the ERN was executed, the Persian Gulf situation sent the financial markets, especially the ones financing real estate, into a tailspin. This has caused them some difficulties and resulted in delays. There is a real possibility that a quality restaurant will not accept this site. The site does not qualify as an "A" site. because of limited access and limited visibility. They are ready to proceed with the medical facility; a delay might jeopardize this. They would like the Agency to consider some alternate plans for the site. If this is a possibility, they propose that alternative plans and proposals for the site now designated for a restaurant be brought before the Agency. These plans would be brought to staff early enough to be reviewed with regard to tax impact and potential income and value impact. It was proposed that this presentation be made at a meeting four weeks from this evening. Even if another plan is considered and accepted, WLA Arcon/Schaefer Brothers need and request a time extension to the ERN. In reply to question from Chairman Young, Mr. Lortie noted there would be no problem with the extension of the Letter of Credit. In reply to a question from Member Fasching, Mr. Lortie stated that the medical project as it stands is a whole project in itself; rather than just expand the building to encompass the entire site, they would prefer to reconfigure the restaurant site for a larger facility of some other use, perhaps a conventional office building. They are open to retail, but the same problem exists here as with the restaurants. ,Member Fasching noted that he would like to see them come back to the Agency with a different proposal showing what they might be able to do with it with this time extension. Also, they might like to consider the Northwest Corner as a portion, if this should be a possibility. Also, it might be desirable as retail. Mr. Lortie noted that they had had a proposal for retail but the site is too narrow for such development. Member Ciraulo added that he is in favor of the extension and proposals for alternative uses for that piece of property. This proposal is planned for presentation at the December 4, 1990 meeting. It was then MOVED by Member Fasching, seconded by Chairman Young and CARRIED on roll call vote as follows that the 3 11/6/90 4d. "NINETY-DAY NOTICE TO VACATE" - (Tenants - NW Corner Project) (APPROVED) OIP80- '24(., 4e. SOILS TESTING AT&SF RR CO. PROPERTIES (McLaren) (APPROVED) 010 ?o.L46 32:0293 Arcadia Redevelopment Agency APPROVE Amendment No.1, which provides a 90 day extension to the ArconjSchaefer Brothers ERN to April 30, 1991 and requires that they provide no later than December 10, 1990 the signed Amendment No.1, and an extension to their letter of credit to June 15, 1991. The Amendment further provides that the Agency should AUTHORIZE the Executive Director to draw down the entire letter of credit the Agency currently holds at his discretion if the extended letter of credit and the signed Amendment No. 1 are not provided by December 10, 1990. AYES: NOES: ABSENT: Members Ciraulo, Fasching and Young None Members Gilb and Harbicht Staff is requesting approval to send "Ninety-day Notice to Vacate" to the remaining tenants of the Northwest Corner Project. Although a developer has not been selected, the rationale behind this action is to avoid potential future timing problems in preparing the site for sale. Since four of the tenants are of very low income, locating suitable replacement housing could be very time-consuming. In addition, it will take several months to test for and remove asbestos (if any), demolish the existing structures and clear the site. Also, the resolution of potential soils pollution problems discovered during the site clearance process could take several months. It is easier to market a vacant site to the development community since they can better visualize the property and can be certain of their development schedule. In response to a question from Member Ciraulo, staff replied that legally these notices had to be delivered by first class mail; however, they proposed to also personally deliver them. I It was MOVED by Member Ciraulo, seconded by Member Fasching and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency AUTHORIZE staff to send the "Ninety-day Notice To Vacate" to the remaining tenants of the Northwest Corner Project. AYES: NOES: ABSENT: Members Ciraulo, Fasching and Young None Members Gilb and Harbicht On May 5, 1990, the Atchison, Topeka and Santa Fe Railway Company tentatively accepted the Agency's offer to purchase both of their properties located within the Northwest Corner Project contingent upon the ability of both parties to work out a satisfactory purchase agreement. Preliminary results of soils testing on the larger property (21 N. Second Avenue), by the Los Angeles County Transportation Commission are insufficient to conclusively show that the properties are not impacted by hazardous waste. Since ATSF is unwilling to indemnify and hold the Agency harmless against possible soil contamination on the properties, staff recommends having McLaren-Hart conduct a more detailed soils investigation prior to purchase to confirm as much as they can that no underground storage tanks are located on the site; and that no hazardous materials have impacted the soils beneath the site. The cost of this investigation is $35,000 ($33,600 + $1,400). The addition of a 10% contingency would make the total cost $38,000. The recommended work would be considered an add-on to the Agency's existing environmental assessment contract with McLaren dated June 1, 1989. Staff does not believe the required work can be accomplished less expensively through the formal proposal process for the reasons set forth in detail in staff report dated November 6, 1990. I 4 11/6/90 I I 4f. ADJOURNMENT 5. 6. 6a. HEARING SCHEDULED (Nov.20.1990) 0535Q/o 6b. FINAL MAP 47866 (148 - 150 Diamond St.) OSbo-bD 6c. CONTRACT AWARD (Tree Maint. Program - Job No. 603) OQ41'J-,;iO 6d. SGVAC (Fin. Support - Redistricting L.A. County Supervisorial Districts) O/::'-O-,'2.t'J S&Vi')t:. 7. 7a. RESOLUTION NO. 5555 (ADOPTED) 031.00-/0 I CI.. r.Ji}, 32:0294 It was then MOVED by Member Ciraulo, seconded by Chairman Young and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency AUTHORIZE the expenditure of $38,000 for additional soils investigation work by McLaren Hart at the Atchison, Topeka and Santa Fe properties (21 N. Second Ave.) as set forth in staff report dated November 6, 1990. AYES: NOES: ABSENT: Members Ciraulo, Fasching and Young None Councilmembers Gilb and Harbicht The meeting ADJOURNED to 7:00 p. m.. November 20, 1990. CITY COUNCIL RECONVENED CONSENT ITEMS SCHEDULED a public hearing for November 20, 1990 for consideration of the Draft General Plan. APPROVED Final Map No. 47866 for a proposed 8-unit residential condominium project at 148-150 Diamond Street, subject to the condition that all outstanding conditions of approval as set forth in the Public Works Department staff report of June 19, 1989 shall be complied with to the satisfaction of the . Director of Public Works. AWARDED contract in the amount of $43,316 to Trimming Land Company, Inc., for trimming/topping of 810 trees, various streets, Job No.603; that $80,000 be APPROPRIATED from the Public Works Operating Budget to cover the cost of the project including the contract bid, additional work, engineering, inspection, and contingencies; that all informalities in the bid or bidding process be waived; and that the Mayor and City Clerk be AUTHORIZED to execute a contract and subsequent supplemental agreement containing the same bid unit prices in a form approved by the City Attorney. APPROVED financial support in the amount of $500.00 for the San Gabriel Valley Association of Cities position on redistricting of the Los Angeles County Supervisorial Dis tric ts . ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER FASCHING, SECONDED BY MAYOR YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching and Young None Councilmembers Gilb and Harbicht CITY ATTORNEY The City Attorney presented and read the title of Resolution No. 5555: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY". 5 11/6/90 8. 9. CIRAULO 10. ADJOURNMENT (Nov. 20,1990 - 7:00 p.m.) ATTEST: 32:0295 It was MOVED by Mayor Young, seconded by Councllmember Ciraulo and CARRIED on roll call vote as follows that Resolution No. 5555 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Ciraulo, Fasching and Young None Councilmembers Gilb and Harbicht MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Congratulated Mayor Young on her election as President of the San Gabriel Valley Association of Cities. Councllmember Fasching added his congratulations also. At 8:05 p. m., the City Council ADJOURNED to 7:00 p. m., November 20, 1990 in the Conference Room of the Council Chambers to conduct the business of the Council and Agency and any Closed Session, if any. necessary to discuss personnel, litigation and evaluation of properties. rf?;~4~ Mary B. ung. M or 6 11/6/90 I I