HomeMy WebLinkAboutMAY 5,1998
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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
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2.
2a.
Olfd 0 "10
.2b.
()I(u~t.(n
2c.
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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.
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3.
Day of the
Teacher-
May 13,1998
Older
Americans
Month
Mayor's Youth
Service Awards
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City Attomey Miller announced lhe ilems considered at the Closed Session.
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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.
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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.
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6.
6a.
CABLE TV
FRANCHISE -
TCI
Cablevision
(APPROVED)
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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,
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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
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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
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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.
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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.
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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.
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The Mayor OPENED the public hearing.
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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:
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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
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Quote
CHANDLER
County Fire
SUNey
HARBICHT
Farmer's
Market
Arcadia
Taxfighters
Association
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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
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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
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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.
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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
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11.
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CONSENT ITEMS
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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
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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,
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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
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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
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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."
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5/5/98
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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:
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