HomeMy WebLinkAboutJanuary 3, 1995, ;:s:
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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
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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
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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
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Memorandum
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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 /
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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
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(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
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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
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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