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HomeMy WebLinkAboutJanuary 3, 1995, ;:s: ~'~ ~ ~ ~ ~ ~ A G E N D A Arcadia City Council Meeting January 3, 1995 Regular Meeting: 7:00 P.M. ACTION INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members Chang, Kuhn, Lojeski, Margett and Young PRESENTATION 1. Presentation - Tony Capra - City Employee. 2. Presentation of plaque to Mayor Young by the San Gabriel Valley Mosquito Abatement District. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS MATTERS FROM STAFF Reports/An nou ncements/Statements Presentation - Los Angeles County - Public Works Department - National Pollutant Discharge Elimination System (NPDES) Permit. MOTION: Read all ordinances and resolutions by title only and waive reading in full. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING) -(FIVE MINUTE TIME LIMIT PER PERSON) -1- OCFN~O 01/03/95 " `~ "'" ~ ~ MATTERS FROM fLECTED OFFICIALS City Council Reports/Announcements/Statements/Future Agenda Direction MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Kuhn, Lojeski, Margett & Young Minutes of the December 8, 1994 City Council/Arcadia School District Joint Meeting, and December 20, 1994 regular meeting. Report and Recommendation regarding a Request to Partiaily Repay City Loans, Re-borrow Same and Extend the Term of the Agency's Total Indebtedness to the City for Fiscal Year 1994-1995. ADJOURN to January 17, 1995 @ 7:00 p.m. RECONVENE CITY COUNCIL CONSENTITEMS 1.' Minutes of the December 8, 1994 City Council/Arcadia School District Joint Meeting, and December 20, 1994 regular meeting. 2. Report and Recommendation regarding a Request to Accept Payment on Loan from the Arcadia Redevelopment Agency, Reloan same amount to the Agency and Extend Terms of Outstanding Agency Debt to the City Fiscal Year 1994-1995. 3. Report and Recommendation regarding a Request for Installation of Temporary Street Banners for Celebrating the 60th Anniversary of Horseracing at Santa Anita Park on Street Light Poles Throughout the City. 4. Report and Recommendation regarding Resignation of Joe Lopez: Approval of statutory severance pay per Resolution 5608 (Fringe Benefit Resolution) via regular City payroll schedule, and three months contractual severance subject to approval of a contract between the City of Arcadia and Joe Lopez for transitional ~ervices, as prepared by the City Attorney. ACTION -2- AGENDA 01/03/95 ' ='-' ' ~ CITY MANAGER Report and Recommendation regarding Abandoned Shopping Carts. Report and Recommendation regarding scheduling a Study Session to review the Master Plan for Public Buildings, a Finance Plan and the Library Renovation Project. 3. Report and Recommendation regarding an Appointment to the Arcadia Beautiful Commission. CITY ATTORNEY ORDINANCE No. 2028 - Introduction - An Ordinance of the City Council of the City of Arcadia, California, adding a new Part 4 to Article VIII, Chapter 0, establishing a Building Code Appeals Board and amending Division 6, Part 3, Chapter 1 of Article III relating to Fire Code Appeals of the Arcadia Municipal Code and designating the Development Services Director as the "Building O~cial". 2. ORDINANCE No. 2032 - Introduction - An Ordinance of the City of Arcadia, California amending Section 9275.6.1.2 of the Arcadia Municipal Code requiring a Conditional Use Permit for businesses with four (4) or more game machines. CLOSED SESSION Pursuant to Government Code Section 54956.8 to confer with Agency real property negotiator regarding instructions concerning the possible sale or lease of the Agency-owned real property located at the soathwest corner of E. Huntington Drive and S. Second Avenue, (154-170 E. Huntington). Negotiations are with Thomas Shannon of Outback Steak House. Pursuant to Government Code Section 54956.8 to confer with Agency negotiafors regarding instructions concerning a possible lease affecting real property located at 440 E. Huntington Drive. Negotiations are with George Grosso of Bend Properties (owner and landlord). Pursuant to Government Code Section 54975.6 for conference with labor negotiators Dan Cassidy and/or Gary Rogers regarding the Arcadia Firefighter's Association and the Arcadia Police Relief Association. ADJOURN to January 17, 1995 @ 7:00 p.m. ACTION -3- AGENDA 01/03195 •11Y°F iA//i s ah e'e 4111~ • Memorandum . . AR ADIA •-Or �-Poi/ATV)" DATE: JANUARY 3, 1995 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER Y 1(dd SUBJECT: DISCUSSION OF ABANDONED SHOPPING CARTS SUMMARY In response to inquiries from residents about stray shopping carts in residential areas, staff has conducted some research into the matter, specifically as to how the proolem can be resolved. This report is being provided to you as information, along with a request that you consider the presented alternatives and give staff direction as to how, or if, we should proceed. DISCUSSION Both City staff and the Chamber of Commerce have contacted those stores which seem to have the most problems with stray carts. These inquiries were made both to obtain information about how they handle the problem, as well as to request that they pay extra attention to the situation and its correction. In discussions with the involved parties, it was confirmed that not only is the shopping cart issue a nuisance for residents in the area, it is also an expensive problem for the merchants. To alleviate some of the expense of lost or stolen shopping carts, most stores hire a retrieval service to pick up carts on a regular basis. Further, a reminder not to remove shopping carts from the premises of a retail establishment was included in the Fall 1994 issue of Arcadia At A Glance and the August 1994 issue of the Chamber Hot Line. We also contacted other cities to see if they have adopted an Ordinance on this issue. While we did locate a couple of cities that have an Ordinance, the main remedy used to solve the problem is to require merchants to hire a retrieval service. In Arcadia, this is already being done voluntarily by many stores. LASER 1MA'CED en / • • Mayor and Members of the City Council January 3, 1995 Page 2 At this point, if the City Council would like to enact legislation to address the issue of stray shopping carts, the following is provided as a summary of two approaches that can be taken: 1) The abatement approach has been utilized by some cities. This approach ould involve adopting an Ordinance that would require all shopping carts to have identity labels with regard to the responsible store; that allows these carts to be picked up by the City if the store fails to comply; and dictates that the cost if this abatement is borne by the store. Removal of carts from public prope y is covered as abatement of a public nuisance. 2) The second approach combines adoption of the above Ordinance alone with additional requirements applying abatement to private as well as public pro•erty. State law makes it unlawful to remove carts from the store premises or prking area and leave them elsewhere. Business and Professions Code Section 22435 et. seq. (attached) cou d be applied by the Police Department in conjunction with the District Attorney's ffice if the appropriate sign is in place as set forth in Section 22435.1 and the tores endorse enforcement. It is important to recognize that there are numerous practical, logistical, and time problems involved with enforcing the referred to Business and Professions ode, e.g. can we determine actual violations; does the City Council want to ma 'e this issue a priority for Police Officers; and will the stores actually participate n the criminal prosecution? An alternative to enacting legislation would be to take no action at this time and continue to act on a case by case basis when made aware of a problem in a particular area, e.g. prosecute per State law or contact the store if a problem occurs so that they can have the carts picked up in accordance with their policy. FISCAL IMPACT None at this time. RECOMMENDATION It is recommended that the City Council review this report and direct staff accor•ingly. Ig LASER JIVIAGED Attachment • ,. 'INV •r SHOPPING II) LAUNDRY CARTS § 22435.1 .ATIONS Ch. 19 Div. g Library References False Personation <3=1 et seq. Ailed C.J.S. False Personation §§ 1, 2. a _ Jtor s. Chapter 19 1, 1977.) . SHOPPING AND LAUNDRY CARTS Article Section 1. Identification of Shopping and Laundry Carts 22435 2. Shopping Cart or Laundry Cart Retrieval Services 22435.10 Chapter 19 was added by Stats.1981, c. 687, p. 2496, § 1. , le; viola- Article 1 2. sold, or IDENTIFICATION OF SHOPPING AND LAUNDRY CARTS • tment, in iment in Section 22435. Definitions. 22435.1. Application; permanently affixed sign required; contents. 22435.2. Unlawful acts. 22435.3. Violations; misdemeanor; application of other laws. nanufac- 22435.4. Consent from owner. 22435.5. Presumption and inference; ownership of carts. ,:' eans any Article 1 was added by Stats.1981, c. 687, p. 2496, § 1. state, or ;ceive an § 22435. Definitions ss by . ti1W'on As used in this article: ri (a) "Shopping cart" means a basket which is mounted on wheels or a L may be similar device generally used in a retail establishment by a customer for the njunction purpose of transporting goods of any kind. y district (b) "Laundry cart" means a basket which is mounted on wheels and used in •nia upon a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies neces- (vows or sary to process them. t will be (c) "Parking area" means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. . 920, § 1, (Added by Stats.1981, c. 687, p. 2496, § 1.) Library References Statutes 4=179, 199. C.J.S. Statutes §§ 315, 338. Words and Phrases (Perm.Ed.) • § 22435.1. Application; permanently affixed sign required; contents The provisions of Section 22435.2 shall apply when a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of 759 O . o :I. . §22435.1 SPECIAL REGULATIONS SI! Div. 8 Ch. ( the cart or the retailer, or both; notifies the public of the procedure to be i § ' utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking mil area of the retail establishment, or the unauthorized possession of the cart, is 1 a violation of state law; and lists a telephone number or address for returning of the cart removed from the premises or parking area to the owner or retailer. (Ad :s: (Added by Stats.1981, c. 687.; p. 2496, § 1.) x Library References Pen a - Larceny 4+5. ' C.J.S. Larceny §§ 2, 3. Tr C -� § 22435.2. Unlawful acts L It is unlawful to do any of the following acts, if a shopping cart or laundry § cart has a permanently affixed sign as provided in Section 22435.1: , "� (a) To remove a shopping cart or laundry cart from the premises or or - - parking area of a retail establishment with the intent to temporarily or 'iv- permanently deprive the owner or retailer of possession of the cart. est .;_ lat (b) To be in possession of any shopping cart or laundry cart that has been ca. removed from the premises or the parking area of a retail establishment, with pa l't 11 the intent to temporarily or permanently deprive the owner or retailer of Se :. I' possession of the cart. (A( r •.;.:,, (c) To be in possession of any shopping cart or laundry cart with serial - ' ;`h numbers removed, obliterated, or altered, with the intent to temporarily or , 1 permanently deprive the owner or retailer of possession of the cart. 1 (d) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent '� to temporarily or permanently deprive the owner or retailer of possession of § •. the cart. - :- - (e) To alter, convert, or tamper with a shopping cart or laundry cart, or to =.. remove any part or portion thereof or to remove, obliterate or alter serial Si F I. numbers on a cart, with the intent to temporarily or permanently deprive the Pr owner or retailer of possession of the cart. th • (f) To be in possession of any shopping cart or laundry cart while that cart PE is not located on the premises or parking lot of a retail establishment, with • the intent to temporarily or permanently deprive the owner or retailer of oI possession of the cart. th (Added by Stats.1981, c. 687, p. 2496, § 1. Amended by Stats.1983, c. 436, § 1.) al Historical Note (,5 The 1983 amendment added subd. (f). Library References Larceny 4:312, 17, 18. C.J.S. Larceny §§ 4 et seq., 33 et seq., 46 to a 49. i .. . 760 3 • LASER IM,A GED • . - . .,:. 11.11.111111Nrill 1TIONS SHOPPING AND LAUNDRY CARTS §22435.5 8 Ch. 19 .e. e § 22435.3. Violations; misdemeanor, application of other laws Pies ane Any person who violates any of the provisions of this article is guilty.of.a parking misdemeanor. • cart, is The provisions of this section are not intended to preclude the application turning of any other laws relating to prosecution for theft. retailer. (Added by Stats.1981, c. 687, p. 2496, § 1.) Cross References Penalties, misdemeanors, see Penal Code § 19. Library References • Criminal Law <3=13(2). C.J.S. Criminal Law §§ 1, 24(1). Larceny 4=2, 86'et seq. C.J.S. Larceny §§ 1, 82, 158. aundry § 22435.4. Consent from owner This article shall not apply to the owner of a shopping cart or laundry cart ises or or to a retailer, or to their agents or employees, or to a customer of a retail Drily y or establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry as been cart or to remove the shopping cart or laundry cart from the premises or th with parking area of the retail establishment, or to do any of the acts specified in iiler of Section 22435.2. (Added by Stats.1981, c. 687, p. 2496, § 1.) 1 serial icily or Library References Larceny c 3(4), 15, 26, 27. C.J.S. Larceny §§ 27, 28, 30 et seq., 43 to 45 n C r et seq., 71, 72. intent ;lion of § 22435.5. Presumption and inference; ownership of carts t, or to (a) In any civil proceeding, any shopping cart or laundry cart which has a serial sign affixed to it pursuant to Section 22435.1 shall establish a rebuttable ve the presumption affecting the burden of producing evidence that the property ids that of the person or business named in the sign and not abandoned by the it cart person or business named in the sign. , with (b) In any criminal proceeding, it may be inferred that any shopping cart ler of or laundry cart which has a sign affixed to it pursuant to Section 22435.1 's the property of the person or business named in the sign and has not been 6, § 1.) abandoned by the person or business named in the sign. (Added by Stats.1983, c. 436, § 2.) Library References Evidence sm84. C.J.S. Evidence§ 120 et seq. Larceny X41. C.J.S. Larceny§ 104 et seq. 761 LASER IMAGED - § 22435.10 SPECIAL REGULATIONS Iii Article 2 Di"' 8 Ch. SHOPPING CART OR LAUNDRY CART § E RETRIEVAL SERVICES sha Section (Ad 22435.10. Definitions. 2 22435.11. Records. 22435.12. Vehicles; sign. § 22435.13. Violations; misdemeanor; application of other laws. A. Article 2 was added by Stats.1981, c. 687, p. 2496, § 1 mea T1 of a ( § 22435.10. Definitions (Add As used in this article: (a) "In the business of shopping cart or laundry cart retrieval" means to Misde search for, gather, and restore possession to the owner, or an agent thereof, for compensation or in expectation of compensation, of shopping carts or laundry carts located outside the premises or area of a retail estab- cr:r lishment. c.J.. r parking (b) "Shopping cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. • (c) "Laundry cart" means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or Sectio 22440 an attendant for the purpose of transporting fabrics and thl neces- sary to process them. the supplies 22441. 22442. (d) "Parking area" means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. 22443. • 22444. (Added by Stats.1981, c. 687, p. 2496, § 1.) 22445. Library References Statutes X179, 199. C.J.S. Statutes §§ 315, 338. § 224 Words and Phrases (Perm.Ed.) It is § 22435.11. Records rized tt (a) Any person who engages in the business of sho the Bo cart retrieval shall retain records showing written authorization from the cart mmigt owner, or an agent thereof, to retrieve the cart or carts and to be in (Added possession of the cart or carts retrieved. (Added (b) A copy of the record showing written authorization shall be maintained ' in each vehicle used for shopping cart or laundry cart retrieval. 83, C. (Added by Stats.1981, c. 687, p. 2496, § 1.) 1983, C. 1 762 Anomie LASER IMAGED • himimiliminimmimmir, -a I. �^ z tom, j . I JI OlqS IMMIGRATION CONSULTANTS 22 iv. 8 Ch. 19.5 § 440 § 22435.12. Vehicles; sign Each vehicle employed for the retrieval of shopping shall display a sign that clearly identifies the rete al service. carts (Added by Stats.1981, c. 687, p. 2496, § 1.) § 22435.13. Violations; misdemeanor; application of other laws Any person who violates the provisions of this article is guilty of a misde- meanor. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft. (Added by Stats.1981, c. 687, p. 2496, § 1.) Cross References Misdemeanor, punishment, see Penal Code § 19. • neaps to thereof, Library References carts or Criminal Law 4=13(2). C.J.S. Criminal Law §§ 1, 24(1). it estab- 1s or a Chapter 19.5 for the IMMIGRATION COAISULTAAITS U n Section Mme. or 22440. Engaging in business or acting in capacity of immigration consultant. neces- 22441. Definitions. 22442. Providing client with written contract; requisites; right of client to rescind contract; violations; misdemeanor; exemption. d by a 22443. Original documents; retention. ehicle. 22444. Unlawful acts. 22445. Violations; misdemeanor; punishment. Chapter 19.5 was added by Stats.1986, c. 248, a 11. § 22440. Engaging in business or acting in capacity of immigration consultant It is unlawful for any person, for compensation, other than persons autho- rized to practice law or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Immigration and • indry Naturalization Service, to engage in the business or act in the capacity of an e cart immigration consultant within this state except as provided by this chapter. Je in (Added by Stats.1986, c. 248, § 11.) lined .Historical Note • Derivation: Former§ 22450,added by Stats. 1983, c. 1149, § 1. Library References Attorney and Client 1=11(2). Licenses 4=11(1), 24. 763 LASER IMAGED oG /v -So ,6,, / /ra nS r PI arcadia redevelopment agency 9 ry Ilibig iii 240 west huntlngtan drive .p.8.bar 60021 . atadia,ea 910664021. 818574.5408 ■ Far 818.447.3309 December 22, 1994 • TO: Governing Board, Arcadia Redevelopment Agency FROM: James S. Dale, Agency Treasurer SUBJECT: Request to Partially Repay City Loans, Re-borrow Same and Extend the Term of the Agency's Total Indebtedness to the City for Fiscal Year 1994- 1995. SUMMARY The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of interest and principal on long term debt.' The source of funds for these payments is tax increment revenue and each year, the agency repays the City any loans outstanding between the City and the Agency to the extent that funds are available in the tax increment fund at June 30. The annual repayment of existing debt between the Agency and the City is recorded in order to utilize tax increment funds for their intended use and to formally recognize and document the loans between the City and the Agency annually. DISCUSSION The tax increment fund at June 30, 1995, will have an estimated cash balance of $2,165,196. It is recommended that the Agency Board take formal action to remit these monies to the City in partial payment of existing loans and for the City to re-loan these funds to the Arcadia Redevelopment Agency Project Fund for the Agency to use to further pay expenses and acquire property according to the directives of the Agency Board. In addition, the Agency and the City should roll-over or extend the repayment of the balance of all remaining loans to June 30, 1995. Following is a summary of the loans outstanding at June 30, 1994 and the estimated cash balance available for loan repayment: Outstanding Loans from City to Agency $5,150,216 at 6-30-94 Less: Estimated Cash Balance in Tax 2.165,196 Increment Fund 6-30-95 Outstanding Balance at 6-30-95 $2,985,020 LASER WAGED 1 FISCAL IMPACT The Agency needs these funds to pay expenses and to acquire properties in accordance with the directives of the Agency Board. As the Agency sells land that is currently owned and as tax increment revenues exceed annual expenditures, the Agency will reimburse the City accordingly. RECOMMENDATION It is recommended that the Agency pay$2,165,196 of loans outstanding at June 30, 1995, to the City of Arcadia and that the Agency re-borrow $2,165.196 and deposit such amount in the Agency Project Fund. In addition, the Agency accept an extension for the re- payment of the remaining outstanding debt of$2,985,020. All loans to the City to be due and payable on June 30, 1995. APPROVED: taMM( William R. Kelly Executive Director JSD:mlp woo Memorandum ARCAbrA 400RpoRATEV �e December 22, 1994 TO: City Council, City of Arcadia FROM: James S. Dale, Administrative Services Director SUBJECT: Request to Accept Payments on Loan from the Arcadia Redevelopment Agency, Re-loan Same Amount to the Agency and Extend Terms of Outstanding Redevelopment Agency Debt to the City for Fiscal Year 1994- 1995 SUMMARY The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of interest and principal on long term debt. The source of funds for these payments is tax increment revenue and each year, the agency repays the City any loans outstanding between the City and the Agency to the extent that funds are available in the tax increment fund at June 30. The annual repayment of existing debt between the Agency and the City is recorded in order to utilize tax increment funds for their intended use and to formally recognize and document the loans between the City and the Agency annually. DISCUSSION The tax increment fund at June 30, 1995, will have an estimated cash balance of $2,165,196. It is recommended that the Agency Board take formal action to remit these monies to the City in partial payment of existing loans and for the City to re-loan these funds to the Arcadia Redevelopment Agency Project Fund for the Agency to use to further pay expenses and acquire property according to the directives of the Agency Board. In addition, the Agency and the City should roll-over or extend the repayment of the balance of all remaining loans to June 30, 1995. Following is a summary of the loans outstanding at June 30, 1994 and the estimated cash balance available for loan repayment: Outstanding Loans fro_m City to Agency $5,150,216 at 6-30-94 Less: Estimated Cash Balance in Tax 2.165.196 Increment Fund 6-30-95 Outstanding Balance at 6-30-95 $2,985,020 LASER IMAGED FISCAL IMPACT The interest rate on loans to the Agency are based on rates published and received by the City on funds invested in the Local Agency Investment Fund (LAIF). There is no fiscal impact on the City since these loans are invested at competitive rates with the agency and yield a fair rate of return to the City. RECOMMENDATION It is recommended that the City accept payment of$2,165,196 on loans outstanding with the Arcadia Redevelopment Agency on June 30, 1994; and that the City re-loan the $2,165,196 to the Agency Project Fund. In addition, that the City extend the time frame for the re-payment on the remaining outstanding debt of $2,985,020 to be due and payable on June 30, 1995. APPROVED: II;{ William R. Kelly City Manager JSD:mlp LASER IMAGED