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