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HomeMy WebLinkAboutAUGUST 17,1999 I I I 0110 _ 11.- 0</7_ 1"/ 41:0201 cc:.. CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL: 1. 2, CITY ATTORNEY RECRUITMENT (Contract Attny, SVC5, - BB&K, Steve Deitsch) t)~-2()_ 6 ~ MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING August 17,1999 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, August 17, 1999 at 5:00 p,m, in the Conference Room of the City Council Chambers. PRESENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler ABSENT: None AUDIENCE PARTICIPATION None. In consideration of the impending retirement of City Attorney Michael Miller on November 5, 1999, the City Council discussed the process for seeking a replacement for this current full-time in-house position. The appointment of a City Attorney is one of two management positions which are directly appointed by the City Council. The City Manager is the other such appointee and serves as the chief administrative officer of the City, The City Attorney is under the administrative direction of the City Manager, and serves as chief legal advisor to the Council, City Manager and all City departments, offices and agencies. The staff report noted two basic options for Council's consideration: 1) hire a full- time, in-house City Attorney who would provide legal services and function as a member of the executive management team; be on-site everyday available to Council and staff; or. 2) contract with an outside attomey andlor law firm which would place the responsibility for overall management and cost containment of legal activities largely upon the City Manager, and other staff the City Manager may designate. One of the major factors for consideration of an in-house versus a contract attorney service was cost. Staff provided Council with a survey of ten cities listing their fee arrangements for basic contract attorney services, The survey did not include fees for court time, litigation, workers' compensation, labor relations, redevelopment and specialty areas, In the report, basic attorney services referenced services such as general counsel, attendance at City meetings, consultation with Council members and staff. review andlor preparation of resolutions, ordinances, contracts, opinions. memoranda and other documents having legal significance. At this time, without the benefit of proposals from law firms, the cost of contracting with a law firm could only be compared to the City Attorney Department Budget. The City Manager's report noted the cost of specialized legal seryices should not be considered an important part of the decision of the Council regarding an in-house City Attomey or contract attomey services, since the City will incur the majority of these fees regardless of whether the City has an in-house or contract attomey. 1 8/17/99 41:0202 A third option available to the City Council setforth in the staff report was to test out the use of a contract attorney by hiring such a service on a temporary, short-term I basis. If, at the conclusion of the short-term it is determined that this is not in the best interests of the City, an in-house attorney could then be recruited. In the event the Council chose this option, staff recommended that the current Legal Coordinator in the City Attorney's office be ,retained to coordinate the activities of the contract attorney; to assist in monitoring contracts and provide legal and secretarial assistance related to other City matters. In addition, although not applicable for Council's decision making process of contract versus in-house attorney services, the City Manager's report noted that the City spends an average of $1 ,000,000 + or - in any given year on specialized legal services, This cost can vary significantly from year to year based upon projects. liability, and litigation issues, In some cases the City is reimbursed all or a portion of such costs, Considerable discussion ensued centered on various areas of law an in-house City Attorney might be required to deal with and the costs associated with outsourcing legal matters, The pros and cons of an in-house attorney versus outside contract attorney services; and, the need to control costs. City Attorney Miller noted a City Attorney is at best a fairly well rounded generalist. The question came up of legal support services and the $1,000,000 spent for such services, and the budget for the City Attorney Department. The yearly amount for outside defense counsel depends on a number of variables. The discussion turned to contract City Attorney services; the time per month for meetings and time on-site at City Hall; the possibility of not having an attorney at every Planning Commission meeting if paid on an hourly or monthly basis. Staff I recommended preparation of a Request For Proposals and an attempt to define the scope of work required of a contract attorney, and the process, It was noted in cities using a contract attorney the City Manager functions as the contract administrator and controls the budget for this service, Costs of such services are directly related to suits filed, it is not a choice of the City defending itself or not. The idea of settling was discussed to avoid litigation and control costs, Councilmember Kovacic commented that this could set a bad precedent and open the door for much more litigation, Mayor Chandler commented that he would prefer to have an in-house attorney, however as a former government safety employee he knew other cities that had contract attorney services and they did a good job. He would be willing to try this type of service. The Mayor advised that Steve Deitsch, of Best, Best and Krieger, is interested in contracting City Attorney services with Arcadia. It was unanimous that Council liked Mr. Deitsch,.. he knows the City well and has been involved as legal counsel for many years, Best, Best and Krieger (BB&K) is the largest municipal law firm in the Inland Empire, according to Councilmember Kovacic, Mayor Chandler stated 'in part, that he trusts Mr. Deitsch and his firm, and feels comfortable with them, He does not see the need for putting out RFP's to contract for attorney services as long as BB&K have a comparable rate for their services, and in particular, Steve Deitsch, Further, the City could contract for six months which would allow the Council time to decide whether or not a full-time City Attorney was best for the City and if so, begin the lengthy recruitment process. In response to a Council question of the Mayor's goals regarding his suggestion, Mayor Chandler ,said his goal would be to solve the question of an inside City I Attorney or outside attorney services now, but with short term contract administration. Moreover, this would fill the City's need for attorney services within budget and allow time for Council to decide what is the best course of action. 2 8/17/99 I I I MOTION ROLL CALL 41:0203 Mayor Pro tem Harbicht noted the best way to know whether or not a contract attorney would work for Arcadia is to try this service. Steve Deitsch knows Arcadia and has worked for the City for a long time, He also agreed that contracting out for a limited tirne would provide Council the opportunity to find out whether a contract service works for the City or not, or begin the search for an in-house City Attorney. Referencing the current business activity of Mr, Deitsch, City Attorney Miller advised that Mr. Deitsch is the City Attomey for Big Bear City and another smaller community in the San Joaquin Valley, The City Manager noted Mr. Deitsch does not have a time conflict with the first and third Tuesday Council meetings of Arcadia. In further discussion of contract attomey services, the keeping of a record for such service in order to provide status reports on the legal ramifications of the various services was briefly discussed, City Attomey Miller's Legal Coordinator would continue to perform her current responsibilities, The City Manager and City Attomey will develop a level of performance for BB&K which can be negotiated; along with hours and expectations of Steve Deitsch, to be brought to the Council for consideration at a future meeting. In reference to monthly litigation reports, the City Manager advised that this type of report regarding expenses and litigation will be generated by the new computer software in a new format. The reports will assist in quantifying City Attomey services. It was then MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Marshall and CARRIED on roll call vote as follows to DIRECT the City Manager and City Attorney to open exploratory conversation with BB&K and Steve Deitsch and retum to the Council with suggestions for a contract, basically under guidelines outlined this date, for a minimum of six months open-end contract with a three month cancellation notice; or a two or five month notice, whatever staff decides. Councilmember Roncelli questioned whether or not the City would go out to other firms at the conclusion of the six months, Mayor Pro tem Harbicht said his intent is to go with BB&K unless expectations are not met, at which time other alternatives will be explored. In response to Mayor Chandler's question regarding the retention of City Attorney Miller on an hourly basis, this matter will be considered as a separate item later on. For clarification, the City Manager noted the motion was not to instruct staff to drop the services of Liebert, Cassidy and Frierson or Robbins and Carpenter at this point. Steve Deitsch of BB&K will be brought in to administer all of their services with the City Manager and James Dale and the basic City Attorney services. Council member Kovacic requested that staff provide a description of the legal services provided by BB&K and Steve Deitsch, in particular... do they do personal injury, defense or bond work, for example. BB&K may provide a number of legal services the City currently contracts out. The City Manager said staff will soon provide this background information for the Council. AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None 3 8/17/99 3, 3a, 41:0204 CLOSED SESSION Pursuant to Government Code Section 54957.6 to confer with City Labor Negotiators Carol Przybycien, Dan Cassidy and William Kelly regarding APOA. I At 6:05 p.m. the City Council RECESSED to Closed Session and RECONVENED in the Council Chambers at 7:00 p.m, INVOCATION Reverend Jolene Codenbach, Arcadia Congregational Church PLEDGE OF Michael Miller, City Attorney ALLEGIANCE ROLL CALL: 4, HUMAN RESOJRCES COMSN. (Kern) 5. 0A1H a= OFFlCE (.bhns) POUCE CHIEF (Cali Hing) 01 ?O-:;-O 6. QRD, & RES, READ BY l1llE ONL. Y 7. PRESENT: Council/Agency Members Harbicht, Kovacic, Marshall, RonceJli and Chandler ABSENT: None PRESENTATIONS Mayor Chandler presented a plaque of appreciation for distinguished service to outgoing Human Resources Commissioner, William Kern, City Clerk June Alford administered the Oath of Office to incoming Parking District Commissioner, Jeff Johns. Mayor Chandler expressed congratulations and presented Commissioner Johns with a City pin and an identification card. I Mayor Chandler announced that due to the retirement of Arcadia Police Chief Ronnie Garner on September 11, 1999, City Manager Kelly appointed Captain David Hinig, a 32 year veteran of the Arcadia Police Department, as Police Chief of the City of Arcadia beginning September 12,1999, SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS City Manager Kelly requested that Agenda item 11 e. be withdrawn from the consent calendar for Council consideration at a later date, The City Manager announced a joint Arcadia/Sierra Madre Council Meeting will be held on October 26, 1999, It was MOVED by Councilmember Roncelli, seconded by Councilmember Marshall and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED, PUBLIC HEARING 7a 08'30."; 7 RES.NO,6132 Consideration of the report and recommendation to adopt RESOLUTION NO. 6132: (CMPLocaI 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, Irnpernernation CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE I RElJXll!) WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING V\DOF'TED) THE CMP LOCAL IMPLEMENTATION REPORT (L1R) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.' 4 8117/99 I I I 7b. FY 2lXD-2lXl2 SHORT RANGE lRANSITA.AN (SRTP) ~TlaI1Sil) (APPROVED) 01130-30 41:0205 The Los Angeles County Metropolitan Transportation Authority's (MTA) Congestion Management Program (CMP) requires local agencies to submit an annual Local Implementation Report (UR), The report must be adopted at a public hearing. and submitted to the MTA by September 1,1999. It is to be adopted by a resolution, self-certifying that the City is in conformance with the Congestion Management Program (CMP), the City must perform certain compliance actions setforth in the August 17, 1999 staff report, Resolution 6132 and the report attached thereto indicate that the C~y of Arcadia is satisfying its congestion reduction responsibility, and is in conformance with the CMP. Following staffs presentation Mayor Chandler OPENED the public hearing, No one came forward to address the City Council. It was MOVED by Council member Kovacic, seconded by Council member Marshall and CARRIED that the public hearing be CLOSED, It was MOVED by Mayor Pro tem Harbicht, seconded by Council member Roncelli and CARRIED on roll call vote as follows to ADOPT RESOLUTION NO. 6132 and, DIRECT the City Clerk to transmit a signed copy of said resolution to the Los Angeles County Metropolitan Transportation Authority by September 1, 1999. AYES: NOES: ABSENT: Councilmembers Harbicht , Kovacic, Marshall, Roncelli and Chandler None None Consideration of the report and recommendation to approve Arcadia Transit's FY 2000-2002 Short Range Transit Plan (SRTP), an annual document prepared by staff and submitted to the Los Angeles County Metropolitan Transportation AuthOrity (LACMTA), Southern California Association of Governments (SCAG) and the Federal Transit Administration (FTA) for review and approval. Preparation of the SRTP is required in order to maintain eligibility for federal, state and local transit grants. The SRTP is a two (2) year transit forecast prepared annually for Arcadia Transit The first year of the SRTP is consistent with the adopted FY 2000 budget, and the out-year projects indicate Arcadia Transit's direction for the future. The SRTP includes operating budget projections estimating total federal, state and local monies at $1,139,000 for FY 2000 and a capital project justification of $1,111,000 which include design and construction of a Compressed Natural Gas (CNG) fueling facility ($521,000), purchase of a eight replacement vehicles ($465,000) and purchase of an integrated radio communications system with GPS ($33.000). Staff clarified the inclusion of the CNG fueling facility project does not obligate the City to this project, Further, the project would require further City Council review and approval prior to the City's continuance of the project and programming of the funds. This ~em will be presented to the City Council at a future date. Following the presentation staff responded to concems expressed by the Council regarding waiting time, customer service and service outside city boundaries. Mayor Chandler OPENED the Public Hearing. No one came forward to address the City Council. 5 8/17/99 8, CJ ~I r - i 0 41:0206 It was MOVED by Council member Kovacic, seconded by Mayor Pro tem Harbicht and CARRIED to CLOSE the Public Hearing, I It was MOVED by Councilmember Kovacic, seconded by Mayor Pro tem Harbicht and CARRIED on a roll call vote as follows to APPROVE Arcadia Transit's FY 2000-2002 Short Range Transit Plan. AYES: NOES: ABSENT: Councilmembers Harbicht , Kovacic, Marshall, Roncelli and Chandler None None AUDIENCE PARTICIPATION Due to a conflict of interest, Council member Roncelli was excused from matters presented with regard to development at Santa Anita Race Track. Ken Bemstein, Director, Los Angeles Conservancy, preservation issues. the largest local membership based historical preservation organization in the United States expressed concems in regard to construction of two (2) giant elevator towers at Santa Anita Parle Mr. Bemstein stated, in part, that the Los Angeles Conservancy members felt that this development has a significant adverse impact under the Califomia Environmental Quality Act (CEQA) and that none of the CEQA requirements were followed, The Conservancy supports horse racing and will strongly support the continuance of horse racing at Santa Anita however, the goal is to respect and enhance the history of the site, not obliterate it, and the guide should be nationally accepted standards for dealing with historic buildings. The organization believes that Santa Anita Park is a historic resource. Restaurants can be added or other development, but the most important historic features, including the fayade and many other character defining features of Santa Anita should be retained. He added that the new development should be of a scale and a type that is compatible and complementary to this historic race track, I By consensus of the City Council, Mayor Chandler advised that Agenda Item 12a, would be taken out of agenda order and moved forward. The audience comments regarding the race track will follow, 12a, RESOLUTION Consideration of the report and recommendation to adopt RESOLUTION NO. 6134 NO, 6134 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, (Cable Television CALIFORNIA, APPROVING THE TRANSFER OF OWNERSHIP AND CONTROL Franchise OF THE CABLE TELEVISION FRANCHISE FROM CABLEVISION OF ARCADIA Transfer) /SIERRA MADRE, INC. TO CENTURY-TCI CALIFORNIA. L.P. (TRANSFEREE)" (ADOPTED) OW(o~30 This item was continued from the meeting of August 3, 1999 in order to allow Century attomeys additional time to review the terms of the agreement. On December 10, 1997, Century Communications Corp, (Century) and TCI Communications, Inc, (TCI) signed a letter of intent to establish a strategic partnership, TCI will contribute to the Partnership all the assets related to the businesses of certain cable television systems owned and operated by TCI serving approximately 245,000 customers in the area of Southem California. Under the City's cable television franchise, Section 11 - "Assignment or Transfer or I sale of Franchise", states: 6 8/17199 41:0207 I a) There shall be no assignment of a Franchise, in whole or in part, or change without the prior express written approval of the City. For purposes of this section assignment shall mean, "change of control or composition of authority" or "change of controlling interest." John Risk, Communications Support Group, stated, in part, that Century has entered into a subsequent agreement whereby Adelphia Communications Corporation will acquire Century. The City's consideration of the Adelphia transfer is a separate process with separate timelines, and does not enter into the actions before the City Council this date, Lee Perron, Vice President, Corporate Affairs, Century Communications Inc. highlighted the information related to the cable television and tele communications systems. In respond to Council concems in regard to customer service, Mr, Perron stated, in part, that Adelphia has one of the best customer service reputations among cable operators in the United States. He also noted that Adelphia has a twenty-four-hour-a-day service, seven days a week, It was MOVED by Council member Kovacic. seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows that RESOLUTION NO. 6134 be and is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None I AUDIENCE PARTICIPATION Lvnne Mack, 906 Panorama Avenue, commented that the new owner of the race track needs to develop the property and generate revenue but the new proposal does not fit the needs of the community, History is so important, it distinguishes one community from the other. The community cherishes the rich history of the race track and does not want the race track destroyed, She protested the Las Vegas theme and the idea of a City-Walk and asked Council to work with Santa Anita to get something that meets the community's needs better. Jean Jarosz, 46 North Golden West Avenue, stated the best part of Los Angeles areas are those that have been preserved, and urged Council to help to preserve Arcadia, Mrs. Jarosz expressed concems in regard to the twin elevator towers stating, the structures are supposed to be temporary but they look very very permanent. Mayor Pro tem Harbicht noted that there is no specific plan before the Council at this date for development of the race track. What was in the newspaper mayor may not be a proposal. Mr. Harbicht added, when the proposal is made then Council will have an environmental review and a public hearing, at that time the staff, the City Council and the residents will have an opportunity to react to the specific proposal. I Councilmember Kovacic commented that whatever Santa Anita owner Mr. Stronach proposes for subsequent phases of development will be subject to CEQA review, a full-blown Environmental Impact Report and a number of public hearings before the Planning Commission and the City Council. Joanne Willis, Califomia Historic Route 66 Association, stated she is present tonight with a request, "not to break that grand and elegant place", 7 8/17/99 9. 41:0208 Jeffrev Willis, former president of the California Historic Route 66 Association, noted that for 65 years Santa Anita has been the jewel of Arcadia. It is as I significant a cultural and historic landmark as can be found in Southem California or completely across Route 66. He urged Council to stop the construction and additions to that historic building. Christine Kehelev. 1422 Sierra Bonita, Pasadena, is opposed to changing the architectural view of this landmark. Christine Luchetta-Stilson, urged Council to put a stop to upcoming projects at Santa Anita Race Track, In response to several speakers. Mayor Chandler noted that Councilmember Roncelli left the Council table because he has a specified conflict of interest regarding any issue dealing with the race track, Michael Palumbo, felt that Arcadia needs to realize that the Santa Anita Rack Track is not a local landmark, it is an national landmark designed by an architect with intemational significance, Katherine Hummer, 5th generation San Gabriel Valley resident. felt that Santa Anita Race Track is a beautiful statement of architect with wonderful landscaping and the towers will take away from the beautiful landscaping. Linda Dishman, Executive Director, Los Angeles Conservancy, stated, in part, that the newly constructed twin towers are a significant impact to the front fa98de of the historic race track, She clarified that the race track is a Califomia Historic Landmark. Ms. Dishman suggested a meeting with the Santa Anita property owner I to decide what should be done to make phase one of the project conform with CECA Anne Sonne, 1188 Rancheros Place, Pasadena, spoke in opposition to the proposed remodeling of the racetrack fayade and urged Council to save this beautiful monument. MATTERS FROM ELECTED OFFICIALS MARSHALL Councilmember Marshall shared a "gem of the day', "No one ever said at the end (Gem of the Day) of his days, I have read my bible too much, I have thought of God too much, I have prayed too much. I have been too careful with my soul: KOVACIC (Santa Anita Development) (Noise) RESOLUTION NO. 6140 (No, Valley Jewish Comm. CtL Shootings) Offv . of., Councilmember Kovacic stated in part that he would encourage residents to talk with City staff regarding compliance with CECA requirements with respect to the two towers under construction at Santa Anita Race Track, and also encouraged residents to continue attending City Council meetings to voice their opinion in regard to the project, Mr. Kovacic requested follow-up by staff of complaints from an anonymous resident in regard to loud noise of some kind of construction activities in or around Camino Grove School. Upon request of Council member Kovacic, and advice of the City Attomey, it was MOVED by Councilmember Kovacic, seconded by Councilmember Roncelli and CARRIED on roll call vote as follows. that the need to take immediate action conceming a matter that came to the attention of the City Council after the agenda was posted, pertaining to adoption of RESOLUTION NO, 6140, entitled: . A I 8 8/17/99 I I I (ADOPTED) RON CELLI (Denny's Rest.) (Corner of REI) (CHP Traffic Tickets) 41:0209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONDEMNING HATE CRIMES AND OTHER SENSELESS ACTS OF VIOLENCE." AYES: NOES: ABSENT: Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None It was MOVED by Councilmember Kovacic, seconded by Mayor Pro tem Harbicht and CARRIED on roll call vote as follows that RESOLUTION NO. 6140 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None Councilmember Roncelli requested that the mlssmg lights on the windmill at Denny's Restaurant be replaced and the windmill lighted, In response to Mr. Roncelli's question regarding the project at the comer of REI on Santa Anita Avenue, City Manager Kelly stated, in part, that the traffic signal was part of the original project and was delayed due to other issues in that area, they will redo the traffic signals and the corner cut-off to meet City codes. In response to Mr. Roncelli's question, City Manager, Kelly stated, in part, that the California Highway Patrol (CHP) initially asked departments not to sign-off traffic tickets. However the procedure has been changed and now local departments are able to sign-off on CHP traffic citations. (Co~e Enforcement Mr. Roncelli suggested that staff use Channel 20 to advertise recruitment of a Officer) second Code Enforcement Officer for the City, (Mr. & Mrs, Askin) HARBICHT (1999 Senior Summer Day Camp) (New Police Facility) Mr. Roncelli congratulated his parents-in-law, Alice and Charles Askin on the occasion of their 65th wedding anniversary which was celebrated today. Mayor Pro tem Harbicht announced that the Arcadia Recreation Department Senior Citizens Division is sponsoring Senior Summer Day Camps at Wildemess Park in Arcadia, which will include: Country Western on September 9; Mexican Culture, September 16; and, Chinese Culture, September 23,1999, Mr. Harbicht hoped that everyone would recognize the importance of construction of a new police facility in the City, (Traffic Signal Mr. Harbicht noted the traffic signal at Santa Anita and Colorado Boulevard is in SA. & Colorado) need of maintenance and requested that staff check this out. (City Treasurer - Mayor Pro tem Harbicht referred to the monthly investment report and thanked the Parker) City Treasurer, Jerry Parker, for a job well done in eaming approximately $250,000 extra for the City's investments in the Local Agency Investment Fund. (Santa Clara & Second Ave.) (Joint Mtg. - Sierra Madre) Mr. Harbicht announced there is a proposal before the City Council to build two office buildings on the vacant lot at the corner of Santa Clara and Second Avenue. Mr. Harbicht noted that he will be able to attend a joint meeting with the Sierra Madre City Council, Tuesday, October 26, 1999, 9 8/17/99 41:0210 Mr. Harbicht noted in FY 1998-99 the City issued $103,000,000 worth of pennits. He congratulated the Development Services staff for maintaining the best level and . quality of service in monitoring all such activities and pennits. CHANDLER Mayor Chandler announced the City of Arcadia Family Festival and Open House (Family Festival will be held on September 25, 1999 from 10:00 a.m. to 3:00 p.m. at City Hall. & Open House - Refreshments will be available for a nominal fee, proceeds will benefit the Arcadia Sept. 25, 1999) Police Reserve Officers Program, (Development Services Dept.) 10. 10a. RES, NO, 6139 (Redev. Agency Fds. CIP) (ADOPTED) 0(; <.fO-.:;! I JOINT MEETING OF THE CITY COUNCIL AND THE ARCADIA REDEVELOPMENT AGENCY Consideration of the report and recommendation to adopt RESOLUTION NO. 6139 entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND AUTHORIZING THE USE OF REDEVELOPMENT AGENCY FUNDS FOR PUBLIC IMPROVEMENTS COMPRISING THE FISCAL YEAR 1999- 2000 CAPITAL IMPROVEMENT PROGRAM: The Agency adopted several capital improvement projects for FY 1999-2000 totaling $215,000: Underground Utility District 14 (UUD 14) reconnections; Colorado Place sidewalks; railroad bridge pedestrian safety lights; railroad bridge graphic fayade; and traffic signal upgrades at Santa Anita/Huntington, Santa Anita/Santa Clara, and Huntington/Second. Subsequent to that action and based upon discussions with Southem Califomia Edison, staff recommended installation of approximately 13 additional street lights along north Santa Anita and east Santa Clara as part of the Underground Utility District 14 (UUD 14) project in order to I meet Illuminating Engineering Society (IES) standards. The cost is estimated at $30,000. The Redevelopment law requires, if Redevelopment funds are to be used to pay for improvements which will be publicly owned, both within and outside of the project area, the City Council must make three findings: a) that the proposed improvements are of benefit to the project area; b) that there is no other means of financing the proposed project; c) that the project will assist in the elimination of blighting conditions in the project area, The August 17,1999 staff report, set forth a report summarizing the proposed project, the amount of tax increment to be used to fund the proposed capital improvements, the facts to support the three findings and describes the redevelopment purposes for which the funds are being used. Following the presentation, it was MOVED by Council/Agency Member Kovacic, seconded by Council/Agency Member Marshall and CARRIED on roll call vote as follows that RESOLUTION NO. 6139 be and it is hereby ADOPTED; and, AUTHORIZED the City Manager/Executive Director to implement the projects; and, the Redevelopment Agency APPROPRIATED $30,000 to provide additional street lights on Santa Clara to meet Illumination Engineering Society (IES) standards; and, AUTHORIZED the City Manager/Executive Director to implement the project. AYES: Council/Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler NOES: None ABSENT: None I 10 8/17/99 I I I 41:0211 ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to September 7, 1999 at 5:00 p.m. THE CITY COUNCIL RECONVENED 11. CONSENT ITEMS 11a. MINUTES APPROVED the Minutes of the August 3, 1999 Regular Meeting, (August 3, 1999) 11b, e;'i- :',1. .irJ RES. NO, 6124 ADOPTED RESOLUTION NO, 6124 entitled: "A RESOLUTION OF THE CITY (Federal COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY Transportation MANAGER TO FILE APPLICATIONS WITH THE FEDERAL TRANSIT Adm. Funds ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED Application re STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSIT Arc, Transit) ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53 TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION." 11 c. (), (Ef). I',() ACCEPT ACCEPTED the dedication for street widening purposes for a 16-unit condominium DEDICATION conversion/subdivision at 408 S, Santa Anita; and, FIND that the proposed (St Widening - conversion/subdivision is in compliance with State Government Code Section ~'nall~ap;~1 66427.1; and, APPROVED the Final Map of Tract No. 52291 provided that prior to .:a\, ~~nta An~a) recordation of the Tract Map any outstanding conditions of approval are complied with to the satisfaction of the City Engineer. 11d, O/srJ..3 0 BLOCK PARTY APPROVED the closure of the 100 block of Woodland Lane from Hacienda Drive ST, CLOSURE to Santa Anita Avenue on August 29, 1999 from 2:00 p,m. to 10:00 p.m. for a (Woodland Lane) neighborhood block party, subject to conditions setforth in the August 17, 1999 staff report. 11e, APPROP. PROP A OR C LOCAL RETURN FUNDS. (CNG Trans, Prog,) Withdrawn, 11f, 0/10- 77 RESOLUTION NO. 6137 (Reimburse City Council Expenses) ADOPTED RESOLUTION NO. 6137, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING REIMBURSEMENT FOR CITY COUNCIL EXPENSES.' 11g, !tJ'>,1:J-C{O RENEW PROF. AUTHORIZED the City Manager to RENEW the Professional Services Agreement SVCS, with Joe A. Gonsalves & Son for legislative advocacy services in .the amount of AGREEMENT $36,000 annually. (Legislative Advocacy SVC5.) 11 8/17/99 41:0212 THE PRECEDING CONSENT ITEMS 11a, b, c, d, f. and g APPROVED ON MOTION BY MAYOR PRO TEM HARBICHT, SECONDED BY COUNCILMEMBER I RONCELLI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None Councilmembers Harbicht and Kovacic (August 3, 1999 Minutes, present by teleconference for that portion of the Council Meeting regarding Agenda Item 12a,) 12, CITY MANAGER 12a. RES. NO 6134 See Page 6. (Cable Television Franchise Trasf,) 12b, O/~e-..20 WATER BILLS On November 4,1997, at the request of the Arcadia Public Library Foundation, the LIB, FDN, City Council authorized the use of City water bills to solicit monetary contributions SOLICITATION for City programs and operations, The Arcadia Public Library Foundation has again (Sept. & Oct, 99) requested that they be allowed to solicit funds via the water bills and to continue (APPROVED) their program of giving City water customers the opportunity to make regular contributions to the Foundation at the same time they pay their water bill for September and October 1999. It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Kovacic and CARRIED on roll call vote as follow to APPROVE the Arcadia Public library Foundation's request to solicit donations in the September and October water bills. I ROLL CALL AYES: NOES: ABSENT: Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None 12c," S" .:W_60 TRANSFER Consideration of the report and recommendation to approve the transfer of the RESIDENTIAL exclusive residential refuse and recycling service agreement with Newco Waste REFUSE Systems to USA Waste of California. AGREEMENT (Newco to USA Waste of Calif.) (APPROVED) On July 7, 1999 the City was informed that its exclusive residential refuse/recycling contractor Newco Waste Systems, Inc, (NEWCO) is being purchased by USA Waste of Califomia, a wholly-owned subsidiary of Waste Management, Inc. (WMI). The existing Residential Refuse Collection Service Agreement with NEWCO, indicates that a transfer of ownership must be approved by the City Council and also provides the City with the authority to establish terms and conditions of the transfer. The August 17, 1999 staff report, setforth the finalized terms and conditions of the Transfer Agreement. These conditions will ensure that existing quality of service and performance are maintained or exceeded, Staff recommended approval of the Transfer Agreement with several modifications. I Also, the approval of an agreement transfer fee of $50,000 along with other supplemental conditions and service enhancements that had been incorporated in 12 8/17199 I I I 13, 41:0213 the transfer agreement. Following discussion it was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Roncelli and CARRIED on roll call vote as follows to APPROVE the transfer of the City's Residential Refuse/Recycling Service Agreement with Newco Waste Systems, Inc, to USA Waste of California; and, AUTHORIZE the Mayor to EXECUTE the Transfer Agreement after approval as to form by the City Attomey. AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None CITY ATTORNEY 13a, O0l30, '10 ORDINANCE It was MOVED by Councilmember Kovacic, seconded by Council member Marshall NO,2113 and CARRIED to TABLE adoption of ORDINANCE NO. 2113 entitled: "AN (Amendment to ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, Contract - CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN PERS) THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE (TABLED) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM: to the September 7, 1999 meeting of the City Council, AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None 13b, oc;-.()~~- ORDINANCE City Attomey Miller presented for INTRODUCTION and read the title of NO, 2114 ORDINANCE NO. 2114: "AN ORDINANCE OF THE CITY COUNCIL OF THE (R-O & R-1 Zones CITY OF ARCADIA, CALIFORNIA, REVISING IN ITS ENTIRETY, ARTICLE IX, TA 99-004 CHAPTER 2, PART 5, DIVISIONS 1 AND 2 OF THE ARCADIA MUNICIPAL CODE Scale, Mass & RELATING TO THE R-O AND R-1 SINGLE FAMILY ZONES: Bulk of Res, Dwellings) (INTRODUCED) KOVACIC (In Honor of Mr. & Mrs, Askin) ADJOURNMENT (Sept. 7, 1999) It was MOVED by Mayor Pro tern Harbicht, seconded by Councilmember Kovacic and CARRIED on roll call vote as follows that ORDINANCE NO. 2114 be and it is hereby INTRODUCED, AYES: NOES: ABSENT: Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None Councilmember Kovacic adjourned the meeting in honor of Alice and Charles Askin on their 6S'h wedding anniversary, At 9:23 p,m, the Regular Meeting of the City Council and the Arcadia Redevelopment Agency ADJOURNED to Tuesday, September 7,1999 at 5:00 p.m. in the Conference Room of the Council Chambers for a Regular Meeting to conduct the business of the City Council and Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or. aluation of properties, ATTEST: 13 8/17/99