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HomeMy WebLinkAboutMAY 5,1998 I I I 0110. ~;o , Ch' 'I ';:'> 40:0099 e;.. c.: CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR' MEETING MAY 5,1998 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, May 5,1998, at 6:00 p.m. in the City Council Chambers, Conference Room. ROLL CALL: PRESENT: Councilmembers Chandler, Harbicht. Marshall and Kovacic ABSENT: Councilmember Roncelli 1. 2. 2a. Olfd 0 "10 .2b. ()I(u~t.(n 2c. o If,) 'nO It was MOVED by Council member Harbicht, seconded by Mayor Pro tem Chandler and CARRIED to EXCUSE the absence of Councilmember Roncelli. AUDIENCE PARTICIPATION None CLOSED SESSION Pursuant to Government Code Section 54957.6 to confer with City labor negotiators Dan Cassidy and William Kelly regarding Teamsters Local 911, AFSCME Local 2264, AFFA, APOA, management and non-represented employees. Pursuant to Government Code Section 54956.9 (a) to confer with legal counsel concerning the case of Orange Grove LLC (Lirnited Liability Corporation) v. City of Arcadia. Pursuant to Government Code Section 54956.8 to confer with the City's negotiator concerning price and terms of payment of a potential lease of City property at 620 East Live Oak Avenue, known as the Arcadia Par Three Golf Course which is the subject of negotiations with Mr. Mike Nix of the American Golf Corporation. At 6:04 p.m. the City Council RECESSED to the Closed Session and RECONVENED the Regular Meeting in the Council Chambers at 7:00 p.m. INVOCATION Reverend Mary Mitchell, The Santa Anita Church PLEDGE OF ALLEGIANCE Staff Sergeant Ed Bacon, United States Army, Retired ROLL CALL: PRESENT: Councilmembers Chandler, Harbicht, Marshall and Kovacic ABSENT: Councilmember Roncelli It was MOVED by Mayor Pro tern Chandler, seconded by Councilmember Marshall and CARRIED to EXCUSE the absence of Councilmember Roncelli. 1 5/5/98 3. Day of the Teacher- May 13,1998 Older Americans Month Mayor's Youth Service Awards 40:0100 City Attomey Miller announced lhe ilems considered at the Closed Session. I PRESENTATIONS Mayor Kovacic presented a proclamation to Arcadia Teachers Association President Albert Albo declaring May 13, 1998 as Day of the Teacher. Mr. Albo thanked the City on behalf of the Arcadia Teachers Association and invited the City Council to attend a celebration on May 13 at the Chamber of Commerce. Mayor Kovacic presented a proclamation to Arcadia Senior Citizen's Commission Chairman, Art Powers, declaring May 1998 as Older Americans Month. Mr. Powers thanked the City on behalf of the Senior Citizen's Commission. Mayor Kovacic presented the first Mayor's Youth Service Award to Martin Plourde, Arcadia High School (AHS) Principal; students Ana Banerji, David Fanous, Nick Lamb, Pearl Leung, Delphina Yuen, and Bryant Romo. The Mayor commented, in part, stating that the March 14, 1998 "Connect to the Future" telethon jointly hosted by the Arcadia Unified School District (AUSD) and the Arcadia Education Foundation (AEF) resulted in over $51,000 donated or pledged by Arcadians. The telethon ran live on cable television for twelve hours, celebrated the many good things taking place in Arcadia schools and promoted AEF's "Connect to the Future' capital campaign for technology. During the telethon each of the district's schools presented segments featuring the talents and successes of. their students. Six high school students served as the telethon's emcees. The telethon was initiated and coordinated by AHS Principal Martin Plourde. Mr. Plourde announced that a similar telethon is planned for next year. I Mayor's Senior Mayor Kovacic presented the first Mayor's Senior Service Award to Ruth Dunlop, Service Award coordinator 01 the Arcadia Senior Citizen Volunteer Income Tax Aide program. The Mayor commented, in part, that this program provides tax preparation for qualified Arcadians. Coordinating the program, Mrs. Dunlop scheduled 400 client appointments and hours for fifteen volunteers, provided troubleshooting whenever necessary, and handled many delicate situations. Since January 1998, Mrs. Dunlop has volunteered over 500 hours at the Community Center, with most hours represented by her time spent on taxes, and the remaining hours spent at the Community Center's front desk, serving lunches, and providing support whenever needed. The Mayor also commented that Mrs. Dunlop's friendly demeanor and posilive initialive are proven assets to Arcadia's Senior Services programs and activities. Mrs. Dunlop lhanked the Mayor and commented that seniors have a great contribution to make to the City, and that she has derived great pleasure in her service to the City. 4. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS 5. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS None In response to Councilmember Harbicht's concem regarding Consent Agenda Item 11d, the Mayor stated that the intended action would be to ratify Mr. Harbicht's appointment as an alternate director to the Board of Directors of the Los Angeles County Sanitation District as specified on the City Councit Liaison List (May 1998) distributed to Council this date. ORD. & RES. It was MOVED by Councilmernber Harbicht, seconded by Mayor Pro tem Chandler and I READ BY TITLE CARRIED that ordinances and resolutions be read by title only and that the reading in ONLY full be WAIVED. 2 5/5/9B I I I 6. 6a. CABLE TV FRANCHISE - TCI Cablevision (APPROVED) O.'('{O.~;j. 0 40:0101 PUBLIC HEARING City Manager William Kelly presented the staff report regarding the cable television franchise renewal and recommendation to introduce Ordinance No. 2084 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AWARDING TO CABLEVISION OF ARCADIA/SIERRA MADRE, INC. (DBA TCI CABLEVISION OF LOS ANGELES COUNTY) A SEVEN (7) YEAR NON-EXCLUSIVE FRANCHISE WITH A CONDITIONAL THREE (3) YEAR EXTENSION TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CITY OF ARCADiA, CALIFORNIA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF SAID FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE CITY'S PUBLIC RIGHTS OF WAY; PROVIDING FOR OTHER LAWFUL REGULATION OF THE CABLE SYSTEM; AND PRESCRIBING PROCEDURES AND LIQUIDATED DAMAGES FOR VIOLATION OF THE ORDINANCE." Mr. Kelly stated, in part, that at the April 7, 1998 City Council meeting, following a request from TCI to continue the public hearing regarding the cable television franchise renewal, staff was directed to place the item on the April 21 City Council agenda if a signed agreement was received by April 14. None was received. Accordingly the public hearing was in effect tabled. . While TCI and staff reached consensus on issues referred to at the April 7 meeting, TCI needed review and approval by Century Communications since Century will be the managing partner of the Arcadia system. That approval was not received in time for the April 21, 1998 City Council meeting, therefore, the item was continued to this meeting. The appropriate signatures have been received and there are no other outslanding issues between the parties. City Manager Kelly outlined some of the major changes in the franchise agreement such as, an upgrade in design and capacity of the system from fifty-seven (57) to seventy- seven (77) channels; a term from ten (10) years to seven (7) years, with a three (3) year possible extension; sections added dealing with transfers, customer service standards, liquidated damages, high-speed intemet access, etcetera; capital grant revenue of $393,000 to the City to assist with community programming; and a $30,000 equipment maintenance grant. It was also stated that TCI meets all the criteria established by the Federal Communications Commission (FCC) to be granted a franchise, and that the franchise renewal addresses all issues required by federal and local codes. It was also noted that the City does not have the authority to address specific programming issues or cable rate regulation as a part of the franchise renewal process. It was the belief of the City cable consultant; John Risk of Communications Support Group, special legal counsel, the City Attomey and staff that this franchise renewal is in the best interest of the City, and to the extent allowed by Federal law, will meet the needs of the Arcadia community for the next decade. Billing issues and the complaint process concems brought up at the April 7 meeting were reviewed and clarified. Customer assistance wilh regard to the complainl process will be provided by City staff, should the matter not be first resolved between the customer and TCI. Complaint logs must be maintained by TCI for monitoring by the City. In response to Council member Marshall, it was stated that staff maintains a log of customer complaints received. The log is then utilized to coordinate and resolve issues with TCI. It was suggested and confinned that the City does, and will continue to conduct follow-up calls to customers who have voiced complaints through 'the City to ensure appropriate problem resolution. It was also stated that results of the City's log would be brought to Council annually. Staff stated they fell comfortable with Section 20, 3 5/5/98 40:0102 the complaint section, of the agreement; it is the best the City can achieve through I federal law mandates. Mayor Kovacic OPENED the Public Hearing. No one came forward to address Council either for or against the cable television franchise renewal. /I was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem Chandler and CARRIED to CLOSE the public hearing. Mayor Pro tem Chandler suggested TCI notify customers that it would be helpful for the customer to videotape poor cable television reception or interference to aid TCI in resolving complaints. And that TCI automatically issue a refund for the day an actual repair is completed, as opposed to forcing the customer to, again, call the office after the service technician has left the customer's home. ORDINANCE It was MOVED by Councilmember Harbicht, seconded by Councilmember Marshall and NO. 2084 CARRIED on a roll call vote as follows to INTRODUCE Ordinance No. 2084; and that all (INTRODUCED) required documents be EXECUTED by the Mayor following approval as to form by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Marshall and Kovacic None Councilmember Roncelli ~ I SEWER Maintenance Services Director Patrick Malloy presented the staff report and MASTER recommendation regarding approval of the Sewer Master Plan (1997) and introduction of PLAN (1997) Ordinance No. 2086, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (APPROVED) OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, "" I/{-' ,'-_' ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO THE SEWER (,P / _1-..) -, SERVICE CHARGE." The City's sewer system was originally constructed in the 1940's and 1950's, financed by a bond election passed in 1945, and was intended to service approximately 18,000 people. Sewer service is now provided to over 50,000 residents with the existing 148 miles of sewer lines and 2,500 access manholes. The system is aging, portions of it are over 50 years old and services three (3) times the number of people and businesses originally intended. Because of its age, a plan and investment in the system is necessal)' to maintain its reliability and service for the future. The plan will carry the City through the next twenty (20) years with needed capital projects, maintenance improvements, and required funding. . Causes of sewer maintenance problems are that the system is aging, tree roots clog the system, increased population, and new types of discharges into the system. Currently there is a three-step process necessal)' to resolve current maintenance problems in the system, which takes three times longer than previous inefficient methods. Staff is constantly exploring and monitoring faster, more efficient maintenance methods. Accessibility problems also exist in several areas olthe City. Maintenance Services Director Malloy stated, in part, that at a City Council Study I Session on Februal)' 3, 1998, staff presented a comprehensive report outlining a Sewer Master Plan which proposed a long-range program of capital improvements and preventive maintenance measures to upgrade and maintain the City's aging sewer system. The Master Plan also provides several different alternatives for financing the 4 5/5/98 40:0103 I proposed improvements. At that study session the City Council conceptually approved the implementation of the Sewer Master Plan and directed staff to bring the plan back to a regular City Council meeting for final approval and implementation. At the February study session Council conceptually approved staffs recommended financing altemative which 'allows for all proposed improvements to be completed and financed over a twenty (20) year period with specific improvements being completed in order of priority. Option D, the selected financing alternative, proposes an initial rate adjustment from $.50 to $2.00 per month per connected residential property and from $2.00 to $6.00 per month per connected business property. The proposed sewer rate structure provides for annual review and adjustment of rates, if necessary. The selected financing altemative was also intended to provide for moderate growth in the Sewer Fu.nd Balance to nearly five (5) percent of the estimated asset value, or $5 million by the year 2018. The selected financing altemative has a built-in annual Consumer Price Index (CPI) adjustment factor to keep the current plan up with inflation. All improvements associated with the Sewer Master Plan would be incorporated into the City's Capital Improvement Program and funded exclusively through the Sewer Fund. The projected total cost for all proposed improvements is $3,838.00 in 1997 dollars. Sewer rate adjustments are not a tax, they are fees charged for services and therefore exempt from Proposition 218 regulations. However, staff complied, as closely as possible, with the notification process required by Proposition 218. Two legal notices were published, two advertisements were placed each in the Arcadia Weekly and the Pasadena Star News during the month of April 1998. The City received only one call in response to these notices and advertisements. I The City's current sewer rates are the lowest in the area. If financing alternative Option D is approved, the City will remain very close to being the lowest rate in the area; there will be only three (3) cities with lower residential rates, Arcadia will remain as the lowest for commercial rates. City Manager Kelly commented, in part, that the City spent $130,000 this year on sewer line maintenance, and if it is necessary for the City to continue spending at that rate, or jf the costs increase, Option D may not be sufficient to get the City through the next twenty (20) years. The plan proposed by staff is very conservative. Barring any unusual number of service breaks or baCk-ups the plan can be implemented and result in a very good system for the City in the coming years. In response to Councilmember Marshall's question, staff commented that a sewer line running through the Los Angeles County Arboretum, which services other areas of Arcadia, is maintained by the City. The City is using the County's sewer line and therefore maintains it. To abandon that line and build a new line around the Arboretum would be cost prohibitive for the City. It was also stated that creating the proposed fund balance would enable the City to have a cushion to cover costs and complete repairs in the event of a small crisis in the community such as losing a sewer line along one of the City's major streets. The current reserve monies for the sewer system are merged with all other reserve funds and generating combined interest at the rate of approximately 5.68%. Growth of the sewer reserve funds as a result of compounded interest was also discussed. I Cost of, and rationale for television inspection of the entire City sewer system was explained by staff. Staff also commented that the use of the television inspections has heightened awareness of the sewer's current condition and the need to have a Sewer Master Plan in place. 5 5/5/98 40:0104 The Mayor OPENED the public hearing. I No one came forward to address the Council eilher for or against the Sewer Master Plan. It was MOVED by Council member Harbicht, seconded by Councilmember Marshall and CARRIED to CLOSE the public hearing. In response to Councilmember Marshall's inquiry, Mr. Malloy responded that an altemative to customer rate increases to finance the Sewer Master Plan would be a bond issue which is ultimately paid for by the residents also. He also stated that the sewer rates have not increased in the last twenty (20) years. Reduced rates for senior citizens and low income persons was not considered, and legal justification would be difficult. Concerns regarding CPI increases were also discussed. Councilmember Harbicht congratulated Mr. Malloy and his staff for an excellent study, stating it is a long-term investment into the community, paying as we go rather than issuing a bond and paying accumulating interest in addition. Mr. Harbicht also commented on CPI increases and construction/repair cost increases. Council member Harbicht stated he highly endorses the Sewer Master Plan. Mayor Pro tem Chandler concurred that this is a long-term investment in the future of the City, and clearly falls within the purview of the City Council. ORDINANCE It was MOVED by Mayor Pro tem Chandler, seconded by Council member Harbicht and NO. 2086 CARRIED on a roll call vote as follows to APPROVE the Sewer Master Plan (1997); and, (INTRODUCED) INTRODUCE Ordinance No. 2086, amending various sections of Chapter 6, Article 111 of the Arcadia Municipal Code relating to the Sewer Service Charge. 7. 8. MARSHALL Board and Commission Vacancies Eagle Scout (Malisos) Law Enforcement Appreciation Week AYES: NOES: ABSENT: I Councilmembers Chandler, Harbicht and Kovacic Councilmember Marshall Councilmember Roncelli AUDIENCE PARTICIPATION Sol. Ed Bacon, U. S. Army, Retired, 1807 S. Baldwin Avenue, announced thai May 16' is Armed Forces Day. "A day set aside to honor every man and woman in uniform (active, retired and veterans), and recognize their contributions to the defense of our nation. Memorial Day will be observed on May 25 to pay homage to the men and women who have given their lives for our country. in observing these holidays we must reflect on the sacrifices of those who have fought to keep our nation free." MATTERS FROM ELECTED OFFICIALS Councilmember Marshall announced that anyone interested in serving on the City's many Boards and Commissions should contact Cindy Rowe in the City Manager's Office for applications and information on how the vacancies are filled. Councilmember Marshall congratulated Kelly 'Ace" Malisos for becoming an Eagle Scout on Sunday, April 26, 1998. Councilmember Marshall announced that the first week of May has been designated Law Enforcement Appreciation Week. Last Sunday, Arcadia started a new tradition, a Law Enforcement Appreciation Service which included a memorial for Officer Matthies, the only Arcadia police officer killed in the line of duty (July 19, 1927). Mrs. Marshall commented that we are living in a very dangerous time with many fine men and I 6 5/5/98 I I I Quote CHANDLER County Fire SUNey HARBICHT Farmer's Market Arcadia Taxfighters Association 40:0105 women sacrificing their safety daily to protect citizens, homes, and the community. She encouraged citizens to express their appreciation to local law enforcement personnel. Councilmember Marshall announced that at each Council meeting. she will be sharing a short quote. The quote shared by Mrs. Marshall this date, "A mid-life crisis is that moment when you realize your children and your clothes are about the same age." Mayor Pro tem Chandler commented that the County Fire Survey has been prepared, but has not been released by the County Fire Chief. This is the sUNey which would offer an option of contracting fire seNices to the City of Arcadia. When the City receives the report staff will study it, after which the sUNey will then be presented to the City Council. The Council will keep the residents apprised of the status of the sUNey. Councilmember Harbicht commented that the Arcadia Farmer's Market completed its third week of operation and has been an unqualified success. Mr. Harbicht stated, in part, that to make the event successful eight-hundred people are needed to attend each day. Opening day there were approximately 3,000; the second week attendance increased and sales improved by about ten (10%) percent; the third Saturday, even with early inclement weather there was tremendous attendance. Councilmember Harbicht commended the downtown Arcadia Business Association and Garland Roberson, in particular, for a job well done. Arcadians were encouraged to attend the Farmer's Market. Councilmember Harbicht stated, in part, that during the campaign of the recent general municipal election voters received mailings from the Arcadia Taxfighters Association opposing Measure A, the two (2%) percent Utility User Tax increase. Arcadians are wondering who this group is since they were not identified in their mailings. The group was comprised primarily of Arcadia Fire Fighters. Most City employees have not had pay raises in the last four (4) years, and the fire fighters, with the exception of one year when they received a two (2%) percent increase, have had no other raises since. Citizens ask why the fire fighters would not want the City to generate additional revenues, would that not enable them to receive a pay raise? Mr. Harbicht commented that the fire fighters would rather be Los Angeles County fire fighters who eam about $6,000 more annually on the average, and there is greater opportunity for advancement. The reason the fire fighters opposed Measure A was that they want Arcadia to be in such financial straits that the Arcadia Fire Department would be disbanded and the City would lum to Los Angeles County to provide its fire protection. Fire fighter jobs are probably the most sought after jobs in America; it is not easy to move from one fire department to another. The Arcadia Fire Fighters Association is !he union that represents the City's fire fighters. Some money generated by the Association's fundraisers has been utilized to hire a political consultant to bring about the disbandment of the Arcadia Fire Department and bring in the County Fire Department. The Association's first attempt was to convince the City Council to contract with the County for fire seNices. The City has not yet received the County's proposal for such seNices. When the Association found that some Councilmembers were not sympathetic to their efforts, they made disparaging comments in their campaign flyers and attempted to elect new members to the Council that would be sympathetic and go along with their program to disband the Arcadia Fire Department. When the City receives the proposal from the County, it will be analyzed and a decision made on the matter. It was Mr. Harbicht's opinion that if the Council does not vote to contract for County seNices, the Association will go to the voters to try and make that 7 5/5/98 KOVACIC Commission Liaison and Committee Appointments Law Enforcement Appreciation Service Arcadia Chinese Association Fundraiser 40:0106 contract occur. He advised Arcadians they will be hearing a lot about this issue in the I coming months. Mr. Harbicht's position on the matter was that if a fire fighter wants to work for the County, then that fire fighter needs to get a job with the County. He commented that he does not understand why the Arcadia Fire Department has to be destroyed and disbanded. so that fire fighter's personal objectives can be met. Councilmember Harbicht stated that he will be anxiously awaiting the County survey, and will study it very carefully when received. It will be a critical decision for the community. Mayor Kovacic stated that as Mayor it is his duty to appoint Council members as liaisons to City boards and commissions, and membership to other committees on which Councilmembers serve. The Mayor then read the appointments for the next year as follows: Arcadia Beautiful Commission --- Gino Roncelli Centennial Celebration Commission --- Bob Harbicht Human Resources Commission on Gail Marshall Library Board n_ Bob Harbicht Parking District Commission --- Gail Marshall Planning Commission --- Gino Roncelli Recreation Commission --- Roger Chandler Senior Citizens' Commission n_ Gary Kovacic Sister City Commission _n Roger Chandler Youth Master Plan Committee Chamber of Commerce Foothill Transit L. A. County Division of the League League City Selection Committee Sanitation District SGV Council of Governments SGV Commerce & Cities Consortium Independent Cities Association Independent Cities Risk Mgmt. Assoc. So. Calif. Assoc. of Gov'ts. DELEGATE Gail Marshall Gary Kovacic Gail Marshall Roger Chandler Roger Chandler Gary Kovacic Gail Marshall Gino Roncelli Gary Kovacic Gary Kovacic Gary Kovacic ALTERNATE Gino Roncelli Robert Harbicht Gino Roncelli Gary Kovacic Gary Kovacic Robert Harbicht Roger Chandler Don Penman Roger Chandler David Bell Roger Chandler 1 Mayor Kovacic thanked Arcadia Police Department Chaplain Tom Shriver and the Emmanuel Assembly of God Church for hosting the Law Enforcement Memorial and Appreciation Service. The service and the sense of warmth accorded to Arcadia Police Officers and emj:lioyees was quite moving. Mayor Kovacic commented on the Arcadia Chinese Association's Annual Fundraising Dinner/Dance and Installation held Saturday, May 2, at the Community Center stating, in part, that this association has been very supportive of the City. The Mayor also congratulated outgoing President Teresa Huang, new President S. H. Wen, all the officers and directors of that association. Methodist Mayor Kovacic congratulated Dr. Vincent Fortanasce who was honored Sunday, May 3, Hospital - at the Methodist Hospital Foundation's Alpha Auxiliary's 18th Annual May Brunch for his Alpha Auxiliary community service. The Mayor also extended his congratulations to Auxiliary President I Nadine Barney and the volunteers who made the brunch a very special event. 8 5/5/98 I I I 40:0107 DAR.E. Food Fest The Mayor commented on the DAR.E. Food Fest held at Santa Anita Race Track stating, in part, that the event was a huge success by raising $7,000 in ticket sales and donations, and that it is important to support this program. The funds raised will be used to support DAR.E. instructional classes. Mayor Kovacic congratulated the coordinators of this event. 9. THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: ABSENT: Agency Members Chandler, Harbicht, Marshall and Kovacic Agency Member Roncelli It was MOVED by Agency Chairman Kovacic, seconded by Agency Member Chandler and CARRIED to EXCUSE the absence of Agency Member Roncelli. 10. CONSENT ITEMS lOa. DESIGN Economic Development Administrator Peter Kinnahan presented the staff report and REVIEW recommendation to approve the design review for the property at 29 E. Huntington (29 E. Htg. Dr.) Drive, formerly the Steerburger Restaurant, stating, in part, that the proposal is to (APPROVED) expand the former restaurant by adding 1,600 square feet at the rear of the existing Ot; 'to YO facility. The front one-third of the building will be devoted to retail, which will be either a Q store or a coffee shop; the rear two-thirds will be a dental office. The rehabilitation consists of new blue/gray painted stucco throughout with white and dark blue trim and a dark gray cedar shake roof, with landscaping planters in the front and on the sides of the building. The front of the building will be opened up to provide access doors to the coffee shop. Special attention has been made to ensure that the rear and east facades of the building, where the passageway is located, will be very attractive. Two (2) staff conditions of approval which will be imposed are that the applicant shall construct a sump pump to handle the flow from a 50 year flooding condition from the north and west across the rear parking area around the building to the Huntington Drive storm drain system; and that timer controlled security lighting aiong the passageway on the eastern building facade be provided. Both conditions are subject to review and approval by the Development Services Director prior to the issuance of building permits. The applicant proposes to apply for the Agency's Commercial Facade Rehabilitation Program when the project is completed. It was MOVED by Agency Member Harbicht, seconded by Agency Member Chandler and CARRIED on a roll call vote as follows to APPROVE the design review for the property at 29 E. Huntington Drive subject to the departmental conditions listed in the May 5, 1998 staff report. AYES: NOES: ABSENT: Agency Member Chandler, Harbicht, Marshall and Kovacic None Agency Member Roncelli ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to May 15, 1998 at 9:00 a.m. at the Community Center. THE CITY COUNCIL RECONVENED 9 5/5/98 11. 40:0108 CONSENT ITEMS I 11a. MINUTES APPROVED the minutes of the April 21, 1998 Regular Meeting as amended. (April 21, 1998) 11b. RESOLUTION See page 11. NO. 6046 o "IlrJ. '10 11c. AWARD 1-YR. AWARDED a one (1) year contract extension in the amount of $198,800 to West Coast CONTRACT Arborists, Inc. for the performance of tree trimming service for fiscal year 1998/99. EXTENSION FY 1998-99 - Tree Trimming (West Coast Arborists) 11d. Ols',J ..,--2'()l.PPOINT ALT. DIR. - L.A. CNTY. SAN IT. DIST. BOARD C) ".~' , 11e. , -'> ~ESOLUTION NO. 6048 AUTHORIZ. CITY MGR. FILE APPLlC. FOR FT A ASSISTANCE 0.. ",,11t. h.: t:) ~ ~<.IRESOLUTION NO. 6049 ARCADIA TRANSIT FY 1997-98 PROP.C DISCRET. FUNDING RATIFIED the appointment of Councilmember Harbicht as the Alternate Director to the Board of Directors of the Los Angeles County Sanitation Districts; and, that the appointment be retroactive to April 22, 1998, as requested by the Secretary of the Sanitation Boards. ADOPTED Resolution No. 6048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO FILE APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL 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." I ADOPTED Resolution No. 6049 entitled, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TO APPROVE ARCADIA TRANSIT'S FY 1997- 98 PROPOSITION C DISCRETIONARY FUNDING FOR OVERCROWDING RELIEF TO THE TRANSIT DEPENDENT." THE ABOVE CONSENT ITEMS 11 a, c, d, e and f APPROVED ON MOTION BY MAYOR KOVACIC SECONDED BY COUNCILMEMBER CHANDLER AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Council members Chandler, Harbicht, Marshall, and Kovacic None Councilmember Roncelli I 10 5/5/98 I 1 I 40:0109 11b. RESOLUTION NO 6046 Applic. for Grant Funds - L. A. Cnty. In response to Council's question, staff responded, in part, by stating that lighting at Regional Park Foothills Junior High School is not included in this project; however a public hearing will and Open be conducted concerning all projects covered in this resolution. Due to the sensitivity in Space Dist. the neighborhoods for these projects lhe City will have a pUblic meeting with staff, the (ADOPTED) neighborhood and the school district to elicit public input; and this same group will have O -'I _the opportunity for more input by talking to the City Council about the projects at a public 7 '-10 ~ "(,s hearing. Action taken this date by Council on this resolution does not approve thE! projects. It is expected that public meetings within the neighborhoods will begin convening in the fall, and the matter brought back to Council prior to awarding the bid for construction. Consideration of the report and recommendation to adopt Resolution No. 6046 approving the application for Proposition A funds from the County of Los Angeles tor improvement of Newcastle Park and three (3) School District athletic fields. It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Harbicht and CARRIED on a roll call vote as follows to ADOPT Resolution No. 6046 entitled, '"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, LOS ANGELES COUNTY, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FQR RENOVATION OF A CITY PARK AND IMPROVEMENT OF THREE (3) SCHOOL DISTRICT ATHLETIC FIELDS," and AUTHORIZE the Director of Recreation to file the Proposition A application for $242,438 to the County of Los Angeles Regional Park and Open Space District. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Marshall, and Kovacic None Council member Roncelli 12. CITY MANAGER 12a. DEV. SVCS.I Deputy City Manager/Development Services Director Don Penman presented the staff COMMUNITY report and recommendation for the recruitment and hiring of one (1) assistant planner in DEV. DIV. the Development Services Department stating, in part, that there is one recently vacated (Recruit & Hire - assistant planner position of five professional planner positions in the Community Ass't. Plnr.) Development Division of the Development Services Department. The position is funded (APPROVED) in the current fiscal year budget and is also included in the proposed budget for fiscal O~ ,. Q_ ,<f!:year 1998-99. The workload in the division has increased dramatically within the past ... <t.Id year and staff anticipates this workload will continue through next fiscal year. As a result of the budget reduction process in fiscal year 1997-98 one of the two code services officer positions was eliminated. Planners now assist the current code services officer with code enforcement activities. Planners are capable of providing this assistance based on their overall expertise; however a code enforcement officer is not able to provide assistance in the Planning area because of the technical expertise and background the planner position requires. Council member Marshall commented that she is aware of citizen complainls due to the lack of a second code enforcement officer, could not the City be served better by hiring an additional code enforcement officer, thus relieving the remaining planners to perform their original duties. Staff responded that most activities in code enforcement receive voluntary compliance, there is not an active citation program, and therefore not much revenue is generated by code enforcement. If the assistant planner position is not filled the turnaround time for applications and planning activities will be significantly impacted, 11 5/5/98 12b. AGRMNT. - EXCHANGE PROP. A FUNDS (APPROVED) /"10_ 10 40:0110 particularly at a time when the workload is increasing based upon the activity that has I been experienced this year and what is anticipated with next year's projects already on- line. Overall, filling the assistant planner position gives the City greater flexibility in terms of serving both areas. Mr. Penman also responded that the City is seeing more development as the economy has improved, therefore aclivity in the planning department has increased. With the anticipated Santa Anita project this will also increase the department's workload. It is also anticipated that the Anoakia School site will submit an application creating another major project impacting the division. Mayor Pro tem Chandler commented that with the projects on the horizon, it is important the City "staff-up" to handle the business anticipated and encouraged, and that he would be in favor of filling this position. Councilmember Harbicht reviewed the City's history of the hiring process relative to its hiring freeze. Mr. Harbicht also commented, in part, that the evidence is ovelWhelming that the City is experiencing increased activity in the planning department, there will clearly be an increase from the Santa Anita proposal and other projects that will be forthcoming; it makes sense to fill the position. It'was MOVED by Councilmember Harbicht, seconded by Mayor Pro tem Chandler and CARRIED on a roll call vote as follows to AUTHORIZE staff to fill the position of Assistant Planner. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht and Kovacic Councilmember Marshall Council member Roncelli 1 Deputy City Manager/Development Services Director Don Penman presented the staff report and recommendation to enter into an agreement for exchange of $1.5 million in Arcadia Proposition A Local Retum funds for $975,000 in General Fund monies from the City of Industry, and to reserve Proposition A & C funds for bus shelters, streets and roads, bus pads and the Youth Master Plan. Mr. Penman stated, in part, that Ihe City of Arcadia receives a share of voter-approved Proposition A and Proposition C sales tax revenues, which must be used for transportation purposes. These shares are based on Arcadia's relative population within Los Angeles County. Staff undertook an analysis of these funds and looked at various alternative uses for these transportation monies. There are various permitled transportation uses for which these funds can be expended, such as rideshare programs, bus stop improvements, signal synchronization, trade or fund exchanges, street bus pads, park-and-ride lots and street improvements on specific roadways used by public transit. Eligible uses under Proposition A and C are similar with a few notable exceptions; Proposition A funds can be traded to another agency, Proposition C funds cannot, but can be expended for street improvements on roadways heavily used by public transit and Proposition A funds cannot. The Arcadia Transit annual budget is approximately $1.1 million annually; $550,000 is derived from Ihe City's Proposition A Local Retum funds, and the remaining financed by I Federal and County discretionary funds. By July 1, 1998 the City will have accumulated an estimated balance of $6,341,334 in Proposition A ($3,182,295) and Proposition C ($3,159,039) funds. One reason the City 12 5/5/98 I I I 40:0111 accumulated this balance was for acquisition and construction of a rail station to serve the proposed extension of the Pasadena Blue Line. Due to the uncertainty over the rail extension and soil contamination at the proposed site, the rail station project is not being pursued. On July 1, 1998 the Metropolitan Transit Authority (MT A) will require the City to enter into a Memorandum of Understanding (MOU) to reserve these local transportation funds which will protect the City from losing funds subject to a lapsing policy in the guidelines. However, current guidelines dictate that local agencies will be allowed to reserve funds for multi-year capital projects by the MT A for up to three years. Stalf identified and presented to Council a number of potential projects for consideration. In the future, if the City Council approves all the projects discussed in the report, there would still be an available balance of $3,963.581. The City was approached by the City of Industry to trade $1.5 million of Arcadia's Proposition A Local Retum funds at a price of $.65 on the dollar which would net Arcadia $975,000 in General Funds. Due to restrictions of the transportation funds the City cannot trade them dollar for dollar. The trade would allow the City to utilize the newly acquired General Funds on programs outside of transportation at the City's discretion. Stalf confirmed that the City does not have eligible transportation projects established in which to expend all funds accredited to the City. Stalf stated they will return to Council with specific proposals eligible for Proposition C Local Return funds, such as signal synchronization on roads heavily used by public transit. By reserving the older monies the City is protected against losing them; the newer funds are not in jeopardy of being lost. Action taken on this exchange would not eliminate the possibility of Arcadia having a rail station; there would be additional funds that could be utilized for a project of this nature if Council wished to do so in the future. There is legislative action being proposed regarding local control, rather than MTA, of rail construction. It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Marshall and CARRIED on a roll call vote as follows to AUTHORIZE the City Manager to enter into an agreement for an exchange of $1.5 million in Arcadia Proposition A Local Return Funds for $975,000 in General Fund monies from the City of Industry, subject to approval by the City Attorney as to form; and to RESERVE funds for bus shelters, streets and roads, bus pads and Youth Master Plan programs until more detailed information 'can be provided, at which time a final decision can be made by Council on an alternative use for funds. AYES: NOES: ABSENT: Council members Chandler, Harbicht, Marshall and Kovacic None Councilmember Roncelli 13. CITY A TIORNEY Ds''80 ~ 6~. 138. ()C1../() ,'t " ORDINANCE City Attorney Miller presented for adoption and read the title of Ordinance No. 2085: NO. 2085 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMEND. CBD AMENDING AND ADDING CERTAIN SECTIONS TO THE CBD (CENTRAL BUSINESS ZONING SIGN DISTRICT) ZONING REGULATIONS RELATING TO USES, SIGNAGE AND & BANNER OUTDOOR DISPLAYS; AMENDING THE COMMERCIAL SIGN REGULATIONS REG. RELATING TO WINDOW SIGNS AND BANNERS, AND ADDING SECTIONS TO THE (ADOPTED) COMMERCIAL SIGN REGULATIONS RELATING TO OUTDOOR DISPLAYS, PROMOTIONAL SALES AND ADVERTISING DEVICES, FLAGS AND PORTABLE SIGNS (TEXT AMENDMENT 98-001)." 13 5/5/98 40:0112 13b. On,;o a .c!OORDINANCE NO. 2087 AMEND. AMC (Posting on Public Prop. Spec. Event Exception) (ADOPTED) City Attorney Miller presented for adoption and read the title of Ordinance No. 2087: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4912.6.1 OF THE ARCADIA MUNICIPAL CODE PROVIDING FOR A TEMPORARY SPECIAL EVENT EXCEPTION FROM THE CITY PROHIBITION OF POSTING ON PUBLIC PROPERTY." 13c. ~';-.:l 0 . 0 ~ORDINANCE NO. 2088 AMEND. AMC (Sound Atten. Standards) (ADOPtED) City Attorney Miller presented for adoption and read the title of Ordinance No:2088: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 8130.35 OF THE ARCADIA MUNICIPAL CODE RELATING TO SECTION 1208 - SOUND TRANSMISSION CONTROL." THE PRECEDING ITEMS 13a, band c ADOPTED ON A MOTION BY COUNCILMEMBER HARBICHT SECONDED BY COUNCILMEMBER CHANDLER AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councitmembers Chandler, Harbicht, Marshall, and Kovacic None Councitmember Roncelli 13d. ORDINANCE City Attorney Miller presented for introduction and read the title of Ordinance No. 2089: NO. 2089 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMEND. AMC AMENDING ARTICLE IX, PART 2, CHAPTER 6 OF THE ARCADIA MUNICIPAL CODE (Plan. Comsn. RELATING TO PLANNING COMMISSION DECISIONS", and stated, in part, that this is Decision a procedural revision regarding appeal of Planning Commission decisions by the City Appeals) Council to maintain consistency with certain legal standards. The basic change is to (iNTRODUCED) eliminate the right of appeal by the City Council as a body while continuing to maintain Of",? () ~.$""O the right for any individual Councilmember. ID'IO 0 fJ., 11 was MOVED by Councilmember Marshall, seconded by Councilmember Harbichl and CARRIED on a roll call vote as follows to INTRODUCE Ordinance No. 2089. AYES: NOES: ABSENT: Council members Chandler, Harbicht, Marshall, and Kovacic None Councilmember Roncelli I I ADJOURNMENT Mayor Pro tem Chandler adjourned the meeting in memory of Gerhard Seltman stating, (In Memory of "On April 24, 1998 a very unfortunate accident occurred on Live Oak Avenue at Louise Gerhard Avenue; a gentleman, 88 years of age, name of Gerhard Seltman, a local fixture at the Seltman) Chefs Coffee Shop on Live Oak was, unfortunately, struck by a truck and he died of his injuries. Mr. Seltman was kind of a local figure, and a fixture at the Chefs Coffee Shop. He was the father of the owner of the coffee shop. For the last thirteen years, you would see him there all the time serving coffee, helping out, playing the harmonica for the people who frequented the restaurant. Mr. Seltman was a very colorful man, well known by a lot of senior citizens that eat there. He poured colfee for me a lot. He emigrated I from Germany originally. He is survived by his son, Bob, who owns Chefs Coffee Shop, and his grandson, David. It is my pleasure to have the City forward a certificate honoring him and his life to the Chefs Colfee Shop." 14 5/5/98 I I I 40:0113 ADJOURNMENT At 9:02 p.m. the Regular Meeting of the City Council ADJOURNED to 9:00 a.m., (May 15, 1998) Friday, May 15. 1998 at the Community Center for an Adjourned Regular Meeting (Team Building Workshop) and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. G ATTEST: ~ 15 5/5/98