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HomeMy WebLinkAboutOCTOBER 19,1999 I tl , ~. ( i r ~, f " " ( , I 0110 - SO IOIt'fI'/ 41 :0236 G<:. CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL: 1. 1a FOU.GER FORD SITE 06f;'tI~~ " MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING October 19, 1999 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, October 19, 1999, at 6:00 p,m, in the Conference Room of the City Council Chambers, PRESENT: CounciVAgency Members Harb/cht, Marshall, Roncelli and Chandler ABSENT: Council/Agency Member Kovacic (arrived at 6:05 p.m.) It was MOVED by Mayor/Chairman Chandler, seconded by Council/Agency Member Marshall and CARRIED to EXCUSE the absence of Council/Agency Member Kovacic. AUDIENCE PARTICIPATION None. STUDY SESSION \ In consideration of the Foulger Ford site and nearby properties, the City Council/Agency discussed future projects and developments and the effect that development at Santa Anita Race Track might have on these properties, The City Council at its December 15,1998 meeting approved an ordinance adding an H6 high rise overlay (allows a maximum of six stories, 65' in height) to the property located at 55 West Huntington Drive (commonly known as the Foulger Ford site). In addition, a resolution was adopted by the Agency in 1993 which identified uses in the "Project Area" that were considered inappropriate. Currently the 4 acre property at 55 West Huntington Drive (Foulger Ford) and the 5,73 acre property at 130 West Huntington Drive (The Santa Anita Inn) are for sale, Staff recommended that the City Council create a vision of what they would like this area to be and then ask developers for their input and ideas. In the discussion Council/Agency Member Roncelli noted that the City Council approved adding an H6 overtay to the Foulger Ford property in order to help the owner sell the property, by this action the price of the property went up approximately $1.0 million, He felt this is the time for the Council to remove the H6 overlay from this property. Council/Agency Member Marshall is in favor of senior housing on this site. She is concerned about multiple family and condominium projects and the impact on the school system. Council/Agency Member Kovacic felt that in the context of planning, the use of the power of eminent domain, in the right circumstance, is a valid tool to put a property at a 1 10/19/99 INVClCA TJa'ol PLEDGE OF ALLEGIANCE , ~ ROll CALL: t 2. , , r- ORD, & RES. READ BY TITLE ONLY 3, 41 :0237 higher and better use, Maybe it is time to think about some kind of a mixed used for this area, where there can be some sort of commercial and retail, and also incorporate I some senior housing or set-aside housing, He is in the favor of some kind of mixed use, Considerable discussion centered on the feasibility of development of the entire area: Huntington Drive, from Santa Clara to Santa Anita Avenue and north to the intersection of Santa Anita and Santa Clara. Some Council/Agency Members felt the areas under consideration could be left to development proposals by the free market; others felt that staff should provide concepts for Council/Agency consideration by which guidelines of acceptable uses could be developed for the area. The Council/Agency concluded they would consider the use of eminent domain in the right circumstances; they would not be opposed to the concept of mixed use development with some senior or set-aside housing. Staff was directed to provide a list of questions related to potential uses for the area under discussion and the Santa Anita Inn site, that the Council/Agency could consider at a future study session along with other information as may be relevant. At 7:05 p.m. the City Council RECESSED and RECONVENED the Regular Meeting in the Council Chambers at 7:10p.m. Reverend Ellen Jennrich, Lutheran Church of the Cross Arcadia Fire Chief, Peter Bonano PRESENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler ABSENT: None I SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. It was MOVED by Councilmember Marshall, seconded by Councilmember Kovacic and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PRESENTATION DAR.E. VAN (Gunderson Mayor Chandler presented the Mayor's certificate of commendation for outstanding Chevrolet, Just service to the community and expressed appreciation to Gunderson Chevrolet for Tire~ ?nd Wheels donating a new vehicle to the DAR.E. program; Just Tires and Wheels for the donation ~ Cralgar of custom tires valued at $1,500.00; and Craigar Designs for the donation of $700.00 eSlgn) worth of custom graphics, 4. AUDIENCE PARTICIPATION Lori Nelson, President of Holly Avenue Elementary School PTA, and Council PTA President, spoke representing the National Red Ribbon week, and stated, in part, that the Arcadia schools will be celebrating National Red Ribbon week from October 23 through October 31, 1999, and encouraged everyone to support and be involved in this I celebration. Ms, Nelson stated, in part, that Holly Avenue Elementary School received the National Blue Ribbon Schools Award which will be presented to Mr. William 2 10/19/99 I i t :1 I 5. 5a, CHANDLER (New Police Facility) 0730- 5"0 N~r 5b. RONCELLI (Fund Raising) (Davila) (Financial Report) MARSHALL (Davila and C.OP.S) (Quote) 41 :0238 Roberson, Holly Avenue School principal. at the White House by President Clinton, MaN Ball, President, Arcadia Historical Society, expressed appreciation to the City Council for their support in raising funds for the new museum building, especially Council's efforts with Congressman David Drier in procuring $100,000 in federal funds to assist in the building of the new Arcadia Historical Museum. Ms. Ball invited everyone to attend the "Old-timers" dinner at the Community Center, Sunday October 24, 1999. Garland Roberson, Sullivan's Paint, 134 East Huntington Drive, invited everyone to support the merchants of the downtown area by attending the Holiday Craft Fair, Wednesday, November 17,1999, from 3:00 p.m. to 9:00 p.m, on First Avenue. Mickev Seaal, 1135 Fallen Leaf Road, urged the citizens of Arcadia to vote "yes" on "Measure C", at the November 2, 1999 Special Municipal Bond Election, which will authorize an $8.0 million bond issue for construction of a new police facility. The cost to each property owner is approximately $11.28 per 100,000 of assessed value. Accordingly, it is estimated that the average cost to a home owner is about .57 cents a week or less than thirty ($30) dollars a year. John MacDonnell, Arcadia resident, agreed with Mr. Segal's comments, that "Measure C" is a very important issue for the City of Arcadia. Mr. MacDonnell noted that he had a chance to read the City's Emergency Operation Plan manual and was pleased with the contents of it. MATTERS FROM ELECTED OFFICIALS Mayor Chandler thanked Mr. Bill Davila and The Vons Company, Inc., for sponsoring and preparing an educational video with regard to the proposed new police facility, The subject video was played at the Council meeting, Mayor Chandler also announced that Santa Anita Race Track made a generous contribution to help with the public information aspects of Measure C. Council member Roncelli announced that there will be a fund raising dinner at the new race track restaurant for 59th assembly district candidate Mr. Robert Harbicht, on December 1,1999, Mr. Roncelli also announced that the Arcadia Historical Society is having a fund raiser at Santa Anita's new restaurant on December 13, 1999. Proceeds will benefilthe new Arcadia Historical Museum building construction. . Mr, Roncelli thanked Mr. Bill Davila for the great jOb he did on the video in support of Measure C, Mr. Roncelli expressed appreciation and congratulated Mr. Jerry Parker for doing a great job with the City's investments. He is pleased with the September 30, 1999, financial report. Councilmember Marshall thanked Mr. Davila and the C.O.P.S, committee for their time and effort in preparing the educational video, Council member Marshall's quote of the day: "People who keep stiff upper lips, find that it is dam hard to smile", by Judith Guest. 3 10/19/99 KOVACIC (Constitution Team) (Measure C) (Davila) HARBICHT (Measure C) CHANDLER (Voting) 41 :0239 Councilmember Kovacic thanked the City for allowing the Arcadia High School Constitution Team to use the Council Chambers for the team's mock meetings. The coaches are preparing the team for district competitions. The next meeting will be held on October 25, 1999, at 7:00 p.m. Mr. Kovacic thanked everyone who helped, with the educational video production of Measure C. Mr. Kovacic noted that, while Council cannot endorse Measure C, as an individual he is delivering five votes from the Kovacic household for this measure. Mr. Kovacic thanked Mr, Bill Davila for the video presentation. Mayor Pro tern Harbicht stated, in part, the need for a new police facility was' recognized twelve (12) years ago. Over the years the Council and Redevelopment Agency managed to save $8.0 million. Unfortunately construction of a new facility will cost about $16.0 million, and that is why the City is coming to the citizens with the $8,0 million bond issue. The new police facility is an investment in the future of the City of Arcadia, He hoped that everyone will join the City Council to ensure a safe community and a very fine police department. Mayor Chandler reminded the audience to apply for an absentee ballot at this time and vote.. (Historical Mayor Chandler announced that, with the help of Congressman Drier and the hard work Society of City staff, the application to the Department of Housing and Urban Development, Museum Bldg.) requesting grant funds for construction of the new Historical Society Museum building o '? 3 V -},- was approved and the City was granted $100,000. The Mayor congratulated the tV"> p Historical Society on this project and noted that the Society is having a fundraiser at Santa Anita Race Track restaurant on December 13, 1999. 6. ROLL CALL 6a, MINUTES (Oct. 5, 1999) (APPROVED) THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Member Harbicht, Kovacic, Marshall, Roncelli and Chandler ABSENT: None It was MOVED by Agency Member Harbicht, seconded by Agency Member Marshall and CARRIED to APPROVE the October 5, 1999 Minutes of the Arcadia Redevelopment Agency Regular Meeting. 6b, TAX INCREMENT Consideration of the report and recommendation to pay HdL Coren and Cone, consulting RECOVERY firm, for recovery of tax increment and appropriate $15,064,50 for this purpose, In 1994 (HdL Coren and the Agency entered into an agreement with HDL Coren & Cone to study and review the Cone) Los Angeles County property tax records and Arcadia Redevelopment Agency records to (APPROVED) identify and recover property tax increment which is properly the Agency's, but had been ()61,J . s,J <> I ) allocated by the County to other jurisdictions or not credited to the proper area. HdL's compensation for their work was a one-time payment of 25% of the amount they recovered, and which the County has in fact corrected. HdL and the County have informed that the Agency recently received $60,258,01 in new unsecured property tax increment as a result of HdL's work and twenty-five percent (25%) of this is $15,064,50. No funds were budgeted to repay HdL the 25%. An appropriation of this amount was necessary and funds were available in the unappropriated fund balance. 4 10/19/99 I I I I e, I t ! II 1 41 :0240 Following a brief discussion it was MOVED by Agency Member Marshall, seconded by Agency Member Harbicht and CARRIED on roll call vote as follows to APPROPRIATE $15,064.50 from unappropriated fund balance; and, AUTHORIZE the Executive Director to pay this amount to HdL Coren & Cone per the 1994 Agreement. AYES: NOES: ABSENT: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None 6c. DESIGN REVIEW Consideration of the report and recommendation to approve the design review and (324 N, 2nd Ave,- waiver of Resolution ARA 172 for self-storage use for the property at 324 N. Second Self Storage) Avenue (Johnson brothers property). The applicants, Robert and Donald Johnson, Anza (APPROVED) Management, Inc., proposed to construct a 138,051 sq. ft., three-story self-storage o G ~iO _ "0 facility on the unimproved Johnson brothers property at 324 North Second Avenue. The project will consist of three individual buildings. Building A (two stories) will front on Second Avenue and have 22,350 sq. ft. of storage with a 2,421 sq. ft. attached office; Building B (three stories) will be located in the middle of the site with 56,196 sq. ft.; Building C (two stories) will have 57,084 sq. ft, of storage and be build along the side and rear perimeter adjacent to the Santa Anita Wash and the 210 Freeway, Agency Resolution No. 172 adopted in January 1993 states that self-storage facilities are an inappropriate use in the project area, However, the Agency can waive this provision for unusual economic reasons. Following the staff presentation, Mr. Bruce Jordan, Architect, representing the Johnson Brothers, responded to concems expressed by the Agency with regard to the height of the buildings and the signs, which will be visible from the freeway. Mr. Jordan stated, in part, that the goal of these signs is to identify the project. Mr. Jordan stated that he is willing to work with staff on the sign issue to put some high and, well-designed signs on the structure. Agency Member Marshall stated that she is in favor of this project and does not have any problem with the signs. Agency Member Harbicht said the sign issue is relatively minor and he is willing to allow such signage. Agency Member Kovacic stated, in part, in all fairness to the Johnsons he would approve the signs that will be visible from the freeway, since the Johnson's competitor has such a sign. After a brief discussion, it was MOVED by Agency Member Harbicht, seconded by Agency Member Marshall and CARRIED on roll call vote as follows to APPROVE the design review for 324 North Second Avenue (Johnson Brothers property) subject to the departmental conditions listed in the October 19, 1999 staff report with the exception of the elimination of signs A and D; and, WAIVE Resolution ARA 172 based on'the reasons cited in the staff report. AYES: NOES: ABSENT: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to October 26, 1999 at 6:30 p.m. for a joint meeting with the Sierra Madre City Council at the Mater Dolorosa Retreat Center. 5 10/19/99 41:0241 THE CITY COUNCIL RECONVENED 7. CONSENT ITEMS I 7a. MINUTES APPROVED the Minutes of the October 5,1999 Regular Meeting. (10-5-99) 7b. FINAL TR. MAP APPROVED the Final Map of Tract No. 52667 for a six-unit residential condominium NO. 52667 subdivision at 1114 Fairview Avenue, provided that prior to recordation of the Tract Map (1114 Fairview) all conditions of approval are complied with to the satisfaction of the City Engineer and ()~ 60 -f'1) Public Works Services Director. 7c. FINAL TR. MAP APPROVED the Final Map of Tract No, 52734 for an eight-unit residential condominium NO. 52734 subdivision at 640-900 South Golden West Avenue, provided that prior to recordation of (640-900 South the Tract Map all conditions of approval are complied with to the satisfaction of the City Golden West) Engineer and Public Works Services Director. O~~~(.I.(,( 7d. DEDICATION ACCEPTED a dedication for street widening purposes; and, APPROVED the Final Map FOR STREET for Tract No, 52669 for a six-unit residential condominium subdivision at 406 South PURPOSES Second Avenue, provided that prior to recordation of the Tract Map all conditions of (Tract Map No, approval are complied with to the satisfaction of the City Engineer and Public Works 52669 - Services Director. 406 S. 2nd) () '-(1)" ()~ 7e, I COST FREE ACCEPTED the donation of a three-year cbst free lease for a DARE van from LEASE - Gunderson Chevrolet. DAR.E. VAN (Gunderson Chevrolet - 3 year lease) (); >-0-(;0 7f. AWARD AWARDED a lump sum contract in the amount of $276,670.00 to Civiltec Engineering CONTRACT for Construction Management and Inspection Services for St. Joseph Reservoir No. 1 (St. Joseph Booster Pump Station and Water Well; and, AUTHORIZED the City Manager to Reservoir NO.1 EXECUTE a Professional Services Agreement, subject to approval as to form by the Booster Pump City Attorney. & Water Well) 07SC)~ 70 7g. AWARD PROF. AWARDED a Professional Services Agreement in the amount of $20,344.00 to Civiltec SVCS. Engineering Inc" for the Construction Management and Inspection Services for AGREEMENT Construction of Fire Station No. 3 Remodel Project; and, AUTHORIZED the City (Fire Station Manager and City Clerk to EXECUTE a contract in a form approved by the City Attorney. NO.3 Remodel Proj.) D7~\: - ("t~ 7h. PURCHASE AUTHORIZED a change order to Purchase Order #000701 06 for the purchase of two (2) I AUTOMOBILES 2000 Chevrolet Malibu automobiles for the Police Department from Community (Police Dept.). Chevrolet in the amount of $33,536,62. (}3../ .- .' '-, 6 10/19/99 I ;1 I 7i. RESOLUTION NO. 6145 (Southem Calif. Gas Co. - Tax Refund) . o :1 <;,) -I c!J..(\ 41 :0242 ADOPTED RESOLUTION NO. 6145 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING SOUTHERN CALIFORNIA GAS COMPANY TO REFUND THE UTILITY USERS' TAX COLLECTED PURSUANT TO ORDINANCE NO. 1415 AS SUCH TAX CORRESPONDS WITH SOUTHERN CALIFORNIA GAS REFUND AMOUNT BY A CREDITS TO CUSTOMERS' BILLS"; and, AUTHORIZED the City Manager to sign the Utility Users' Tax Refund Agreement. 7j. ST. CLOSURE APPROVED the Arcadia Business Association (ABA) proposal to close South First (South 1" Ave. - Avenue between the aliey south of Huntington to Califomia Street on Wednesday, ABA Holiday November 17,1999, between 3 p,m. and 9 p,m. for purposes of a Holiday Shoppers' Fair Shoppers' Fait> subject to execution of the "Conditions of Approval of Street Closure" by the Arcadia 01 ;;.; QIO Business Association. () S <, .,' - ~I() THE PRECEDING CONSENT ITEMS 7a, b, c, d, e, f, g, h, i and j APPROVED ON MOTION BY COUNCILMEMBER KOVACIC, SECONDED BY COUNCILMEMBER HARBICHT AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: 8, 8a. PROF. SVCS, AGREEMENT (City Attomey Services - Six Months) (APPROVED) (J:;' ~() -.3' AYES: NOES: ABSTAIN: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None Mayor Chandler (Consent Item 7a. October 5, 1999 Minutes) None CITY MANAGER Consideration of the report and recommendation to enter into a six-month Professional Services Agreement with Best, Best and Krieger (specifically Stephen P. Deitsch) for City Attomey services. The intent of the short-term Agreement is to give the City Council and staff the opportunity to work with a "contract" City Attorney and evaluate whether or not this type of arrangement meets the needs of the City of Arcadia. The Agreement which is Setforth in the October 19, 1999 staff report, calls for an hourly rate of $150 and a six-month cap of $57,000.00 for basic attomey services. This figure is based on an estimated average of $9,500.00 per month although the amount may vary from month-to-month. Any special services used are separate and in addition to the $57,000.00. All funds for legal services will come from the FY 1999-2000 City Attomey department budget. Among other things, Mr. Deitsch, as the designated City Attomey will be required to attend City Council meetings and certain Commission meetings and is required to hold office hours at City Hall for six (6) hours every Tuesday. The Agreement also stipulates that Kevin K. Randolph (BB&K) be designated as the assistant city attomey. Because the term of the proposed Agreement is for six months, staff proposed to conduct an evaluation of the contract attorney at approximately five months and to submit such to the City Council. At that point the City Council can direct staff to either pursue a permanent arrangement with Best, Best & Krieger, solicit proposals for city attorney services from other law firms or begin recruitment for a full-time in-house attorney, In response to a Council question, the City Manager stated, in part, the City Charter specifies that the City Council makes the appointment of the City Attorney, it also defines that the City Attomey is under the administrative direction of the City Manager. 7 10/19/99 41 :0243 Councilmember Kovacic felt that the City should not have to pay for Mr. Deitsch's travel time. Some discussion centered on this issue and Mr. Deitsch precisely explained his I position as to why the mileage time should be included. In response to Council member Kovacic's concem with regard to not having an attomey at every Planning or Human Resources Commission meeting, the City Manager noted that not every Planning Commission meeting would necessitate the presence of the contract attorney. Mayor Pro tem Harbicht commented that he would like to have language in the agreement with regard to extending the Attomey Services Agreement after the 6 months period if needed. Councilmember Roncelli expressed appreciation to City Manager Kelly for his willingness to administer the Attomey Services Agreement. He noted that it is very helpful to the Council to receive the monthly reports of the cost of litigation issues. Mr. Roncelli thinks that having a City Attomey present at all meetings is not necessary. In response to Councilmember Marshall's question, Mr. Kelly stated, in part, that the weekly office hours scheduled for Mr. Deitsch are to arrange the meetings with citizens or staff, During the other time frames Mr, Deitsch can be accessed for assistance through a web site, e-mail or phone. ' Councilmember Kovacic stated, in part, that the City Attomey business is highly competitive and there are number of excellent law firms that contract out attomey services to citys. He hoped at the conclusion of the six months trial periOd, the City will give opportunity to other law firms to submit their proposals as well as BB&K. , I " City Manager Kelly commented, because contract attomey services will be on a trail basis for the City, a lot of the issues are unknown and untested, however, he is comfortable with the travel time charges at this time, if at the conclusion of the five month trial period the mileage fees are becoming something extra-ordinary then this issue should be re negotiated. I Considerable discussion ensued, concluded by the following motion, it was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Roncelli and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to EXECUTE the Agreement for Legal Services with Best, Best & Krieger; and, DIRECT staff to provide the City Council, in approximately five months, an evaluation of the services of the contract attomey. As part of the motion the City Manager stated for the record, that in the discussion the City Council also directed staff to require a three (3) month carry over period, in case of termination of the contract attorney service and the office of Mr. Deitsch would be defined as Ontario for mileage purposes. AYES: NOES: ABSENT: Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler None None Mayor Pro tem Harbicht commented, that eighteen years ago he was appointed as a Planning Commissioner. He met Mr. Miller at his first commission meeting and has worked with him for all of those years except for the two years that he was off of the Council. Mr. Harbicht thanked Mr. Mike Miller for all the work he has done for the City of Arcadia and wished him the very best in his future endeavors. I 8 10/19/99 I I I 41:0244 8b. EMPLOYMENT Consideration of the report and recommendation to approve an Employment Agreement AGREEMENT between the City of Arcadia and Michael H. Miller for transitional legal services. With (Transitional the impending retirement of the City Attorney on November 5, 1999, it is important that Legal Services- the City has access to Mr. Miller for legal advice and guidance on existing, ongoing Miller) litigation (e,g, Casmalia, Sully-Miller) and code enforcement cases. The Agreement calls for an hourly rate of $125,00 for general legal counsel and $90.00 per hour for code 0.;),;)(1-,:31 enforcement matters, The Agreement does not allow for more than $20,000.00 unless amended in writing and with City Council approval. It was MOVED by Council member Roncelli, seconded by Councilmember Marshall and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to enter into an Employment Agreement with Michael H. Miller for transitional legal service. AYES: NOES: ABSENT: Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler None None ADJOURNMENT (October 26, 1999) At 9:02 p,m. the City Council Regular Meeling ADJOURNED to October 26, 1999 at 6:30 p.m" for a joint meeting with the Sierra Madre City Council at the Mater Dolorosa . Retreat Center, 700 North Sunnyside Avenue, Sierra Madre. ATTEST: 9 10/19/99