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HomeMy WebLinkAboutAUGUST 5,1986_2 I I 26:0184 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK , INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (July 15,1986) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION (CITY ATTORNEY) 1. PUBLIC HEARING (Revised T.M. 44534 29 & 35 W. Longden Av., 30 W.Las Flores & 2105 S.Santa An~ta) (APPROVED) Ji~ ~~b p~ ~ M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 5, 1986 The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session August 5, 1986 at 7:30 p. m. in the Arcadia City Hall Council Chamber. Rev. Margaret A. Duttera, Lutheran Church of the Cross Councilmember Chandler PRESENT: Councilmembers Chandler, Gilb, Harbicht and Young ABSENT: Councilmember Lojeski On MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED, Councilmember Lojeski was EXCUSED. On MOTION by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED, the Minutes of the Adjourned and Regular Meetings of July 15, 1986 were APPROVED. It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED that all ordinances and resolutions be read by title only and that the reading in full be waived. The City Attorney stated that, pursuant to the Ralph M. Brown Act, Government Code Section 54956.8, the Council and the Redevelopment Agency met in CLOSED SESSION to instruct its negotiators regarding the potential price and terms relating to the acquisition of property on the south side of Hunt~ngton Drive in the redevelopment plan; also specific direction to staff regarding acquisition of the Mullen property at 334 E. Huntington Drive at the agreed price, the Bagdasarian property at 9 S,. Fourth Avenue at the agreed price and the Bozorgiram property at 10 S. Fourth Avenue at the agreed price and AUTHORIZED the Executive Director to execute all documents in connection with the acquisition. Consideration of revised Tentative Map 44534 to create an eight-lot subdivision at 29 and 35 W. Longden Avenue, 30 West Las Flores Avenue and 2105 South Santa Anita Avenue. The applicant is Angelo R. Possemato. The site is presently developed with five dwellings, a guest house and accessory buildings and is zoned R-l. The Planning Commission on July 8, 1986 voted 7 to 0 to recommend" approval subject to conditions set forth in the staff report of said date. It was noted in the staff report that a'~even-lot subdivision had been approved by the Commission, however, since that time the applicant has been able to acquire the property at 2105 S. Santa Anita Avenue which is now included in this revisea tract map. All lots with the . , 8/5/86 -1- 2. 3. 3a. ROLL CALL 3b. MINUTE APPROVAL (July 15,1986) (APPROVED) 3c. HEARINGS 26:0185 exception of Lots 3 and 5 meet or exceed the code requirements. These lots would have a 73' setback at the setback line in lieu of the 75' required. Lot 2 has an unusual configuration, but does comply with code. The guest house, garage, pool and pool building on Lot 7 would be removed. The existing residences on Lots 1,4,6, and 7 would remain. Mayor Young declared the hearing open. Mrs. Possemato was present to respond to any questions. No one else desiring to be heard, the hearing was CLOSED on MOTiON by Counci1member Gi1b, seconded by Counci1member Harbicht and CARRIED. It was MOVED by Counci1member Gilb, seconded by Counci1member Harbicht and CARRIED on roll call vote as follows that Tentative Map 44534 be APPROVED subject to conditions A-l, A-2, A-3 and A-4 as outlined in the staff report. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Young None Councilmember Lojeski CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCAD I P. REDEVELOPMENT AGENCY PRESENT: Members Chandler, Gilb, Harbicht and Young ABSENT: Member Lojeski On MOTION by Member Gilb, seconded by Member Harbicht and CARRIED, Member Lojeski was EXCUSED. On MOTION by Member Gilb, seconded by Member Chandler and CARRIED, the Minutes of the regular meeting of July 15, 1986 were APPROVED. I This is the scheduled time and place for owner/representatives to address the Agency concerning Resolutions of Necessity instituting condemnation of certain real property. Prior to the hearings staff presented a brief outline of the history of the proposed development of the south side of Huntington Drive. Following the Request for Proposal process, Stanley W. Gribble and Associates was selected in August of 1985. The Agency then offered participation opportunities I to all owners and tenants and to this date is continuing negotiations. On May 6, 1986 the Agency approved the Disposition and Development Agreement with Gribble and Associates at which time negotiation ranges, based on appraisals, for acquisition of the properties were established. Staff was then directed to commence acquisition negotiations. The agreement with Gribble included a performance schedule which calls for the Agency to formally consider condemnation by August 5, 1986. The Agency at its meeting of July 15 scheduled hearings for this date to consider eminent domain. This did not preclude negotiations. Staff continued discussions with all owners in the hopes of reaching an agreement with as many as possible by tonight's meeting. Staff advised that consideration for three properties will be carried over to the August 19, 1986 meeting. An agreed price has been reached on these: Bagdasarian property - 9 Bozorgiram property - 10 Mullen property - 334 E. S., Fourth Avenue S. Foorth. 'Avenue Huntington Drive , , I , , \ , .\ .8/5/86 -2- I I t~ 0." \~ Y RESOLUTION NO. ARA-109 (ADOPTED) +4 qtl\ \~ f RESOLUTioN NO. ARA-IIO (ADOPTED ) 26:0186 Staff advised on the'status of all properties being considered for condemnation and noted that Resolutions of Necessity will be presented for each. It was also stated that negotiations may continue for gO days. The Agency then conducted the HEARINGS to allow the owners and those claiming a possessory interest to address four specified issues: A. The public interest and necessity require the proposed Project in furtherance of the redevelop- ment objectives of the Agency in accordance with the Redevelopment Plan. B. The proposed Project is planned and located in a manner that will be most compatible with the great- est public good and the least private injury. C. The Property described in the Resolution of Necessity is necessary for the proposed Project. D. The offer required by Section 7267.2 of the Govern- ment Code has been made to the owner or owners of record. KLECKNER PROPERTY 218 E. Huntington Drive RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITON OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (KLECKNER) Donald Kleckner inquired about steps he could take as he is against the proposal and did not feel it fair. Staff recalled that the Agency has not been able to reach an agreement with the owners since the Agency's meeting of July 15, 1986 and submitted that on August 12,1985 the Agency, pursuant to California Redevelopment Law and Resolution Nb. ARA-lO, had provided owner/tenant participation opportunities. The time period for reply was extended by the Agency until September 18, 1985 ... it was further extended to February 4. 1986. However, no participation agreement was reached during this time and on February 18, 1986 the Agency determined that the owner/ tenant Participation Opportunity had been adequately offered and was no longer available to the owners/tenants of said property. During this consideration, Steve Deitsch of Sabo & Deitsch, Bond Counsel, participated. Mr. Kleckner was informed that after adopting the Resolution of Necessity, negotiations would still be possible for a period of 90 days. Staff said it would make contact. Whereupon it was MOVED by Member Harbicht. seconded by. Member Gilb and CARRIED on roll call vote as follows that Resolution No. ARA-I09 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member Lojeski JACKSON/RENTYPE PROPERTY 304 E. Huntington Drive RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA. CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (JACKSON/RENTYPE PROPERTY). \ , I , ( \ i 8/5/86 -3- \ \ I ! " RESOLUTION NO. ARA-lll (ADOPTED) '\-"'\ q'\ r' ~ 26:0187 Staff report indicated that pursuant to Resolution No. ARA-TO:... the Agency has transmitted notice of this hearing and the Agency's final offer to acquire this property to the owner and his attorney. Negotiations were continued, however, the Agency has not been able to reach an agreement since the Agency's meeting of July 15, 1986. As of July 30, 1986, neither the owner nor his attorney have request- ed in writing to be heard at this meeting. This being a hearing for the owners, the Chairman asked if anyone desired to be heard. I Whereupon Gail Jackson addressed the Agency stating, in part, that the building in question is his income having been in business in the City for a number of years. He desires to remain in the City and had hoped something could be worked out, but that appears to be impossible because the developer feels they need the frontage for their project ... that their business needs the frontage as much as a proposed restaurant and they could not accept the rear property as offered, and the rent would be more than his small business could afford. Staff stated, in part, that perhaps a new location could be found for Mr. Jackson's business and compensation would be paid. Roger Mavery stated, in part, that they would like to remain in the City but they will probably have to relocate'in another area, at least outside the City itself ... it seems they do not fit into the new development ... they do not feel they have been treated fairly, considering the time they have spent in building,:the business ... would like to be a part of the new development, but there is a financial problem. Member Gi1b said, in part, that the Agency would like to see Rentype remain in the City as it is a valuable asset to the community... it is realized they have worked hard to build their business and it is hoped another location may be found to make this possible. Member Harbicht submitted that the Agency would prefer to acquire the property through negotiations '" this is the last resort .., but it is a necessary step in the process in order to meet the commit- ments of the Agency... it is not to suggest that negotiations will stop. It was MOVED by Member Harbicht, seconded by Member Gilb and CARRIED on roll call vote as follows that Resolution No. ARA-110 be .nd it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member LOjeski IMMACULAWE HEART PROPERTY 310-322 E. Huntington Drive I RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT 'AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (IMMACULATE HEART PROPERTY). It was submitted by staff that on August 12, 1985 the Agency, pursuant to the California Redevelopment Law and Resolution No. ARA-10, provid- ed the owners the Participation Opportunities. The reply period was extended until September 18, 1985 and since no agreement was reached' durnng this period the Agency on February 18, 1986 determined that the owner/tenant Participation Opportunity had been adequately offered and was no longer available to the owners of said property. \ \ \ 8/5/86 , , I J ;, , \ \, , , I ( \ 1. -4- ,,' , I RESOLUTION NO. ARA-1l2 (ADOPTED) e. 1'f.~ r I J- '1 I " .~ I ;~ .. RESOLUTION NO. ARA-1l3 (CONTINUED TO e AUGUST 19'; . 1986) 26~0188 No one was present to speak to this and it was MOVED by Member Gilb, seconded by Member Harbicht and CARRIEDeon roll call vote as follows that Resolution No. ARA-111 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Youn9 None Member Lojeski DERBY MOTEL/PATEL PROPERTY 326 E. Huntington Drive . . RESOLUTION OF 'NECESSITY OF THE ARCAD~A REDEVELOPMENT AGENCY 'OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (DERBY MOTEL/PATEL PROPERTY). The attorney for the owners of this property stated, in part, that the offer of $540,000 for this property is wholly inadequate as well as legally inadequate ... it does not take into consideration matters of fixtures, equipment, loss of business and good will. The formal offer is only for the land and the buildings on the property. He continued, in part, that Mr. Patel paid $700,000 for the property ... the business and the fixtures .., and now the Agency offers $160,000 less than Mr. Patel paid. He asked that the resolution of necessity not be adopted as the offer does not comply with Section 7267.2 of the Government Code. Steve Deitsch, Sabo & Deitsch, Special Agency Counsel, advised that the offer has indeed been made in compliance with Government Code 7267.2 which requires that an offer of just compensation be made by a condemning authority to the land and any improvments thereon. Such an offer has been extended by the Agency. The Government Code does not make any reference to making an offer to acquire the good will of any business. Under the Code of Civil Procedure, Section 1263.510, the loss of good will is an item to be proven at trial by a property owner or business owner who claims he has suffered the loss of good will. And only after the business owner has demonstrated to the satisfaction of the court 'that the owner hasn't taken actions that a reasonably prudent person would take in order to avoid the loss of good will. Since the Agency has no way of determining that the owner has taken such action at the time it makes an offer under Government Code 7267.2, the Agency can not and is not in a position to make an offer in this case or any other case. Mr. Deitsch advised The Agency that it has made a fu11 and fair offer of just compensation to acquire the land and improvements thereon, pursuant to Government Code 7267.2 and the Agency may proceed to consider the Resolutionr.of Necess ity. It was then MOVED by Member Harbicht, seconded by_Chainnan Joung_._~_ and CARRIED on r011 call vote as follows that Resolution No. ARA-112 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member Lojeski MULLEN PROPERTY 334 E. Hunt i ngton Dri ve RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY 'OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN/PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPE~TY FOR REDEVELOPMENT PURPOSES (MULLEN PROPERTY). , I , I I j ; I j 8/5/86 -5- , i ,J / RESOLUTION NO. ARA-1l4 (AOOPTED) "\ 1- ~ q f\'d- RESOLUTION NO. ARA-1l5 ( CONTI NUED TO AUGUST 19, 1986) RESOLUTION NO. ARA-1l6 (CONTINUED TO AUGUST 19, 1986) RESOLUTION NO. ARA-1l7 (ADOPTED )10\ 11- q. \?- r 26:0189 It was MOVED by Member Gilb, seconded by Member Chandler and CARRIED on roll call vote as follows that Resolution No. ARA-113 be CONTINUED TO THE REGULAR MEETING OF AUGUST 19, 1986. AYES: Members Chandler, Gi1b, Harbicht and Young NOES: None ABSENT:Member Lojeski COMSTOCK PROPERTY 400 E. Hunt ington Dr; ve I A RESOLUTION OF NECESSITY OF THE ARCADIA. REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE ,COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE,.ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (COMSTOeK PROPERTY) ,. No one desired to speak to this property and it was MOVED by Member Gilb, seconded by Member Harbicht and CARRIED on roll call vote a's follows that Resolution No. ARA-114 be 'and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member Lojeski BAGDASARIAN PROPERTY 9 South Fourth Avenue A RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (BAGDASARIAN PROPERTY) It was MOVED by Member Chandler, seconded by Member Gi1b and CARRIED on roll call vote as follows that Resolution No. ARA-115 be CONTINUED TO AUGUST 19, 1986. AYES: NOES: ABSENT: Members Chandler, Gi1b, Harbicht and Young None Member Lojeski BOZORGIRAM PROPERTY 10 S. Fourth Avenue A RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (BOZORGIRAM PROPERTY) , I It was MOVED by Member Gilb, seconded by Member Chandler and CARRIED on roll call vote as follows that Resolution No. ARA-116 be CONTINUED TO AUGUST 19, 1986. AYES: NOES: ABSENT: Members Chandler, Gi1b, Harbicht and Young None Member Lojeski VALLES PROPERTY 11 South Fourth Avenue A RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (VALLES PROPERTY) 8/5/86 -6- \ . I I RESOLUTION NO. ARA~1l8 (CONTINUED TO AUGl:JS:r 19, 1986) HEARINGS CONCLUDED .~ . 26 ;D190 'Mario Acosta. 912 '.f\.:;cot Court, San Dimas. stated. in pan, .tnat folr..-___ Valles desires to remain-'in~the-tiiy-an'l canno'C10cateaiiother house for the amount of money the Agency has offered ($105.000). He noted the improvements made by Mr. Valles since purchasing his home and noted that the Agency staff has not been able to find one either. He is asking $115,000 for his client w~ich he felt was not out of the ball park ... that is only $10,000 more than what is offered. Although there is $15,000 relocation money, that cannot be considered part of the fair market value for the house, ~r.Acosta read a list of houses they have looked at in .an ./or around the City. He concluded his remarks by asking the Agency not to adopt the resolution and to consider the request of Mr. Valles. Staff advised that with relation to the appraised price, the Agency had received two appraisals, one for $75,000 and another for $89,000 and the Agency offered $105,000. Member Chandler submitted,.in part, that the Agency has a duty to maintain a standard of living, but has no obligation. to upgrade a standard of living. Mr. Acosta reiterated what Mr. Valles has done to improve the house and as to the appraisal, he said he'understands that all four houses on Fourth Avenue were appraised at the same figure. He said their hands are tied until they go to' court. Member Gilb said, in part, that this hearing is not to negotiate ... that staff will continue to relocate Mr. Valles. It was MOVED by Member Chandler, seconded by Member Gi1b and CARRIED on roll call vote as follows that Resolution No. ARA-117 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member Loj es k i LOPEZ PROPERTY 12 South Fourth Avenue A RESOLUTION OF NECESSITY OF THE ARCADIA REDEVELOP~ENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, INSTITUTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES (LOPEZ PROPERTY) On recommendation and explanation by staff, it was MOVED by Member Gi1b, seconded by Member Harbicht and CARRIED on roll call vote as follows that Resolution No. ARA-118 be CONTINUED TO AUGUST 19, 1986. AYES: NOES: ABSENT: Members Chandler, Gi1b, Harbicht and Young None Member Lojeski This concludes the hearings on these properties. Staff will keep in touch with those with whom they are still negotiating. I I \ 8/5/86 , , , , I ! -7 - 3d. DESIGN REVIEW (407 N. Second) (APPROVED) d-~\ V" q1 ~\} 3e. WLA ARCON AGREEMENT FIRST & HUNTINGJON AMENDMENT 3 (APPROVED) I.\(? " 'y q1 ~\'} 26 :0191 The applicant, Dave Szany and Associates (architect) proposes to add a newly constructed 5,000 sq. ft. concrete block warehouse, addition of four new parking spaces and renovation of the existing parking area at 407 N. Second Avenue. This will include a net two new spaces, repair and improvement of the existing chain link fence and new landscaping. Minor variations were set forth in the staff report and in order to permit variations, the Agency must make certain determinations. It was MOVED by Member Gilb, seconded by Chairwoman Young and CARRIED I on roll call vote as follows that the Agency find the proposal to be an exceptional circumstance under"Section 423 of the General Plan . Monor Variations" and approve the variation and design review of the plans subject to the following conditions: 1. All State and City Codes shall be satisfied (e. g., zoning, building and safety, etc.), 2. Applicant and property owner shall satisfy staff's recommended conditions as stated in the report to the satisfaction of the Planning and Public Works Di rectors. 3. Building's exterior, landscaping, signage and parking lot shall be maintained to the satisfaction of the Planning Director. AYES: NOES: ABSENT: Members Chandler, Gilb, Harbicht and Young None Member Lojeski The Agency received a request from the President of WLA Arcon for an additional 60-day extension of the Disposition and Develop- ment Agreement. The current extension of the escrow is to close no later than August 19, 1986 ... the extension also stipulates that the sale price for the site escalated at a 4% annual rate for every month after the original close date the escrow remains open. Mr. Lortie expressed confidence that the project can proceed and he agreed to continue the purchase price escalation for the site based on the 4% annual appreciation rate as previously required for Amend- ments 1 and 2 of the Agreement. He explained possibilities of tenancy which would meet the approval of his new lender. The Agency considered staff's recommendation and it was MOVED by Member Chandler, seconded by Member Harbicht and CARRIED on roll call vote as follows that an amended Letter of Credit in the previously I agreed amount of $21,200 referencing the December 17, 1986 DDA and the three amendments be drawn on the account of WLA Arcon for a period of 120 days commencing August 19, 1986 and such be presented to the Agency subject to approval of the Agency Council by September 5., 1986. . Agency Members Gilb and Harbicht said this would be the last amendment for an extension they would approve... the land is not generating any revenue and there are others who have evinced interest. In response to a question, Mr. Lortie said the completion date would be one year from the date the escrow closes. AYES: Members Chandler, G1ilb, Harbicht and Young NOES: None ! ABSENT: Member Lojeski 1 I I i , , i I , 8/5/86 -B- \-- I I ~~\ -+1; r(\ y\d- 3f. ISSUANCE OF NOTES HEARING Aug.19,1986 , ,'1! AGENCY RESOLUTION NO. ARA-1l9 (ADOPTED) AGENCY RESOLUTION NO. ARA-120 (ADOPTED) AGENCY RESOLUTION NO: ARA-121 (ADOPTED) 3g. 4. 5. TRAFFIC (SPEED ) (SEE PAGE NO.ll ) ELECTION SCHOOL & COUNCIL COMBINED (NO ACTION) ~ (Iy'b 26:0192 At the July 15, 1986 Agency meeting, staff was directed to prepare the appropriate notices and documents leading to the possible issuance and sale of approximately $3,385,000 Principal Amount in Three Year Tax Allocation Notes for the installation and construction of a publicly owned facility. The Bond Counsel, the Financial Advisor and, staff prepared resolutions for Agency Review and approval~ PUBLIC HEARING TO BE SCHEDULED FOR AUGUST 19, 1986. RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 OF TAX ALLOCATION NOTES OF SAID AGENCY TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE CENTRAL REDEVELOPMENT PROJECT. RESOLuTION OF THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE SETTING OF A CERTAIN PUBLIC HEARING IN CONNECTION WITH THE COMMITMENT BY THE ARCADIA REDEVELOPMENT AGENCY FOR THE USE OF TAX INCREMENT REVENUES TO PAY FOR THE INSTALLATION AND CONSTRUCTION OF A PUBLICLY OWNED BUILDING PURSUANT TO 'HEALTH AND SAFETY CODE SECTION 33679. RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY PROVIDING FOR THE SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 OF TAX ALLOCATION NOTES FOR THE CENTRAL REDEVELOPMENT PROJECT AND APPROVING A FINANCIAL CONSULTANT. It was MOVED by Member Gilb, seconded by Member Harbicht and CARRIED on roll call vote as follows that Resolutions Nos. ARA-119, ARA-120 and ARA-121 be and they are hereby ADOP~ED. AYES: Members Chandler, Gilb, Harbicht and Young NOES: None ABSENT: Member Lojeski The meeting adjourned to 7:00 p. m., August 19, 1986. COUNCIL RECONVENED AUDIENCE PARTICIPATION Crai~ Bonholtzer, 2000 Carolwood, spoke to an agenda item which Council will consider later in this meeting. It relates to a petition received June 24 from 141 residents in the Highlands area requesting a speed management program (stop signs and/or speed bumps) in the subject area. Mr. Bonholtzer submitted an additional petition. with 22 signatures.and a diagram of the area. He asked Council to seriously consider this request and explained the hazards experienced by the area residents. (SEE PAGE N0.11 FOR ACTION ON THIS ITEM.) JameS Helms, 2220 Sewanee Lane, spoke at length about the possibility of placing a charter amendment before the electorate at the November 4, 1986 General Election. Mr. Helms had presented this matter before Council on June 3, 1986 as a recommendation of the Arcadia Unified School District and the Chamber of Commerce. It was submitted at that time that this consolidation would reduce election costs for both agencies and hopefully would increase the voter turnout. During this consideration, a brief report from the City Clerk was discussed. This report indicated the cost of placing the measure before the electorate in November 1986 and the costs for an lelection in November 1987 if conducted by Los Angeles County. Som~ advantages and disadvantages were explored. Time being of the essence f,or the November 1986 General Election, it was the consensus that mqre study should be explored. Councilmember Chandler felt the Novem~!r 1986 date was a perfect time as that election would bring out consi~erable voter interest and MOVED to adopt the appropri ate reso 1 ut i on as~d ng the Board of Supervi sors to accept this measure on the ballot for Vhat date. MOTION DIED FOR LACK OF A SECOND. 8/5/86 '..- 9- 6. 6a. HEARING Aug.19,1986 ?', 6b. FINAL MAP 35657 (APPROVED) 6c. ADVERTISE FOR BIDS Job 618 6d. AWARD OF CONTRACT Job 614 l.-- '-I'l> ' .... \"? r 6e. r " EQUIPMENT PURCHASE Wheel Loader 6f. WEED REMOVAL CHARGES IJ..J-\ Y 26:0193 Counci1member Harbicht submitted for Council consideration that the November General Election will be of such importance and interest to the voters that this local issue would not receive the attention it should. He felt this being only a local issue, it sho~lc; be on a separate ballot. He suggested it be placed on the ballot for the School Board election to be held April 21, 1987. It was noted, however, that the next date for a Charter Amendment election would be March 3, 1987. No determination was made by the City Council at this time and the suggestion made by Mr. Helms to have the City Council, School Board and the Chamber of Commerce meet to discuss this matter will . be considered by the City Council. Councilmember Harbicht and Mr. Hei"is will meet to discuss this matter further. CONSENT ITEMS '''1 " This hearing was scheduled for August 19, 1986 -- Tentative Map 2r 44801 for a proposed 6 unit residential condominium at 313 - 315 Genoa. APPROVED the final map of Tract 35657 for a seven lot subdivision at 1925 - 1929 S. Second Avenue (Chris Construction, Inc., owner/ developer), subject to the condition that before the Final Map is approved, all outstanding conditions of approval must be complied with. APPROVED the plans and specifications and authorized the City Clerk to advertise for bids for painting traffic striping and pavement markings on various streets. Funds in the amount of $42,500 are available in the Public Works Operating Budget for the cost of the contract and materials for the work. Bids to be opened August 26, 1986: AWARDED the contract for the annual street maintenance Slurry Seal - Job No. 614 to the low bidder, Pavement Coatings Company, in the amount of $66,398.21. Project to be financed from State Gas Tax Funds except for the Rose Garden parking lot which will be funded from the Public Works Operating Budget. An appropriation of $73,000 was .authorized ($72,164 Gas Tax; $834 Public Work; Operating Budget) to cover the cost of engineering, inspection, contingencies and the contract amount; that any informalities in the bid or bidding process be waived and that the Mayor and City Clerk be authorized to execute a contract in form approved by the City Attorney. AWARDED the contract for the purchase of one Articulated Wheel Loader to Shepherd Machinery Company in the amount of $57,816.52. This to replace a 1976 Ford Loader which is in need of repairs. Funds in the Capital Improvement Program for FY 1986-87 in the amount of $70,000. I CONFIRMED the list of charges as submitted by the Agricultural Commissioner for the abating of weeds on various properties. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCIL- MEMBER GILB, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: , Counci1mbmbers Chandler, Gi1b, Harbicht and Young None ,I Counci1hember Lojeski I ! ; , I 8/5/86 -10- , I .) I I I 7. 26:0194 CITY MANAGER Council received the petition and report of staff concerning a speed management program (stop signs and/or speed bumps) in the Upper, Highlands area.(Craig Bonholtzer addressed this previously, Page tic. g) The Engineering Division conducted a study consisting of a review t. of the reported auto accidents. traffic counts and on-site inspection P~d for unusual or hazardous conditions and the results were incorporated ~l ) in a staff report dated August 5. 1986. Staff did not make a recommenda- tion and submitted that from the engineering study and interpretation .t'Or of the results as compared to the standards listed in CALTRANS Traffic ~I Manual. additional stop signs do not appear to be warranted and speed :>'. bumps cannot be recommended as a speed control device on a public street. 'I" SPEED HIGHLAND OAKS AREA (STOP SIGNS APPROVED) ,!:~,:):" .... '<::1 ~ .' , 1:;( ';' During the consideration, it was the consensus that speed bumps would not be desired, however, the stop signs were explored and Mayor Young said~ in part, she would like to see Highland Oaks included ... there is an incline which contributes to the speed of traffic. Police Chief Johnson said stop signs may go in anywhere but then someone must be there to watch the vehicles. ... it can be done and the police and Director/Public Works would have to consider just where they would be best used to accomplish the purpose. Councilmember Harbicht said, in part, that he has been involved in such situations, both as a Counci1person and 'with the Homeowners' Association '" and just about every time it comes up, people want either speed bumps or stop signs ... that there are experts in traffic manage- ment who make recommendations based on experience and their particular knowledge and they agree that the purpose of stop signs is not to control speed, it is to contro 1 tra ffi c. He fe 1 t tha t the way to control speed is by enforcement ... that stop signs can create accidents. He sympathized with the residents and felt the solution is to increase patrolling the area and the residents will then get the idea ... the report indicates that 80% of the violators live in the area. Increased enforcement to him is the answer not stop signs or speed bumps. Mayor Young agreed in part, but felt the speed on Highland Oaks should be addressed as it is downhill and has a long run. Counci1member Gi1b recited similar instance on Orange Grove, .,. did not believe speed bumps would help ... but was wl1ing to do anything to help the situation. Counci1member Chandler said, in part, that it is quite hard not to speed in the subject area .,. due to the distance of the streets and the incline. He would approve stop signs. Following further discussion, it was MDVED by Counci1member Chandler, seconded by Councilmember Gi1b and CARRIED on roll call vote as follows that two stop signs be installed at Carolwood and Elkins, and two stop signs at Highland Oaks and Highland Vista. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb and Young Councilmember Harbicht Councilmember Lojeski Councilmember Harbicht commented that other groups will request the same treatment and to him it is not a solution... stop signs will only impede traffic. It was agreed but this subject area is unique doe t, tho d,," hill top""ph,. \ , ! I 1 , , I 1 I ! f I I I I \ 1 I , 1 i \ ) :\ ,{,\ , 8/5/86 -11- 8. 8a. ORDINANCE NO. 1842 (INTRODUCED) 8b. RESOLUTI ON NO. 5312 (ADOPTED AS A,"1ENDED) ~ f\\P 26:0195 C!TY ATTORNEY c AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 5120.7.1 OF THE ARCADIA MUNICIPAL CODE REGARDING SERVICE AND PAYMENT FOR RESIDENTIAL REFUSE COLLECTION SERVICE. It was MOVED by Councilmember Gilb, seconded by Mayor Young and CARRIED on roll call vote as follows that Ordinance No. 1842 be INTRODUCED. ;,,1 Prior to taking the roll call vote, Councilmember Harbicht stated, part, that he is very much in favor of this ordinance -- that it en- courages residents to maintain and keep their property clean. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Young None Councilmember Lojeski A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA SETTING THE SERVICE RATES FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL REFUSE IN THE CITY OF ARCADIA. At Councilmember Marbicht's request, staff prepared the City's estimated 1986 revenue and expense information as included in the Ralph Stone report for Best Disposal. Estimated effect of various rate structures as detailed in the July 15, 1986 staff report: Survey average: $1,785,000 Expense 1,917,198 Revenue including 29% increase $ 131,398 Revenue in excess of expense 7.36% Revenue above expense (1,) 3% Above Average $1,785,800 Expense 1,961,784 Revenue including 32% increase $ 1/0,984 Revenue in excess of expense 9.85% Revenue above expense 5% Above Average $1,785,800 Expense 2,006,370 Revenue including 35% increase $ 220,570 Revenue in excess of expense 12.35% Revenue above expense 1 $1,785,800 Expense 2,095,542 Revenue including 41% increase $ 309,/42 Revenue in excess of expense 17.35% Revenue above expense (1) Does not include approximately $55,000 potential revenues from missed billings. Best Disposal 8/5/86 -12- 1 1 26:0196 NOTE: THE FOLLOWING PROCEEDINGS ON FACTS AND FIGURES ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK. At the July 15 meeting, Councilmember Harbicht had recommended a single family can service rate of $6.84 which was 5% above average; whereas the rate approved by Council at that time was $7.15. Con- siderable discussion ensued with Robert Cheney of Best Disposal participating and submitting additional figures on potential profit and/or loss dependjng on the rate structure. Mr. Cheney agreed that they are not collecting from everyone and are now in the process of making a survey which will be submitted to the City as soon as they complete the project which is very time consuming. Councilmember Harbicht suggested that, although it may mean an additional cost to the City, that they arrange with the City Water Department to obtain the names and addresses of the new water subscribers. Mayor Young said, in part, that she would like to see an audit by an 'independent Certified Public Accountant by December 31, 1986 and Mr. Cheney said that it is being prepared and the City would receive a copy as soon as possible. Councilmember Harbicht said, in part, that Best is doing a good job and is deservi ng of an' increased rate, but he also has a respon- sibility to the City and, 'based on his study and calculations, he still would approve a 5% increase. In response to a question, staff advised that the rate has not been increased for three years -- in 1984 through 1986 the rate per month was $5.05. Discussion ensued and Council determined that the Best Proposal as approved on July 15, 1986 would hold for 1987 and the two follow- ing years of the term of the contract the increase would be 5%. It was then MOVEn by Councilmember Gilb, seconded by Councilmember Harbicht. arid CARRIED on roll call vote as follO\~s that Resolution No. 53l2be amended to reflect the above changes from the. action taken .at ~he City Council Meetinq of July l5,~986 and, as amended, be ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Young None Councilmember Lojeski 8c. RESOLUTION NO. 5313 (ADOPTED) (HEARING SCHEDULED AUGUST 19) to.. I 'f. "p ')..q1 f' The City Attorney presented, explained the content and read the title of Resolution No. 5313, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE ISSUANCE BY THE ARCADIA REDEVELOPMENT AGENCY OF ITS AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 CENTRAL REDEVELOPMENT PROJECT TAX ALLOCATION NOTES, ISSUE OF 1986, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO" . It was MOVED by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5313 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Harbicht and Young None Councilmember Lojeski i ! j I 8/5/86 , i , \ \-13- \ , \ 8d. RESOLUTION NO. 5314 (ADOPTED) f\' \ 1; ,,'\ i-- f \J- 8e. ('~' CLAIM OF r . J. KERNS (DENIED) 8f. f' CLAIM OF . J.McDIVITT (DENIED) 9. 10. GILB HARBICHT ADJOURNMENT August 19 26:0197 .. "' The City Attorney presented, explained the content and read the title of Resolution No. 5314, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING A CERTAIN PUBLIC HEARING IN CONNECTION WITH THE COMMITMENT BY THE ARCADIA REDEVELOPMENT . AGENCY FOR THE USE OF TAX INCREMENT REVENUES TO PAY FOR THE INSTALLATlON.lif AND CONSTRUCTION OF A PUBLICLY OWNED BUILDING PURSUANT TO HEALTH'AND SAFETY CODE SECTION 33679". It was MOVED by Councilmember Harbicht, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5314 be and it is hereby ADOPTED. 1 AYES: NOES: ABSENT: Counci1members Chandler, Gi1b, Harbicht and Young None Counci1member Lojeski On recommendation of the City Attorney, the claim of J. Kerns was DENIED on MOTION by Councilmember Gilb, seconded by Mayor Young and CARRIED on ro1! :a11 vote as follows: AYES: NOES: ABSENT: Counci1members Chandler, Gi1b, Harbicht and Young None Councilmember Lojeski On recommendation of the City Attorney, the claim of J. McDivitt was DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Silb, Harbicht and Young None Councilmember Lojeski MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Staff will prepare a report on the local drug situation and whether or not additional enforcement officers are needed. Said, in part, this Council too~ a 9iant step at this meeting in movin9 ahead with eminent domain proceedings for redevelopment on the south side of Huntington Drive and deserves to congratulate itsel,f-" Explained the many contributions made by the Arcadia Educational 1 Foundation and told of plans for next year in which a campaign will be held to raise funds. In response to Councilmember Harbicht's suggestion, Mayor Young saidshe would be glad to 'sign a Proclamation declaring an Arcadia Education Foundation Week. Mr. Harbicht will obtain the necessary data. The meeting adjourned at 10:30 p. m. to 7:00 p. m., August 19, 1986 in the Conference Room to conduct the business of the Council and Agency and any Closed Session necessary to discuss personnel, litiga- . , tion matters and evaluation of properties. I ! 'tJf; A~1~ fl!Lf~1 Mr. Y u g, M or , i I , , ~ C i . ( I ~'~~~ hristine Van Maanen, City Clerk ! { I -14- i ,