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HomeMy WebLinkAboutSeptember 19, 2000A N N O T A T E D A G E N D A Arcadia City Council and 10,,e�n9•• °' Redevelopment Agency Meeting September 19, 2000 6:00 p.m. Council Chambers Conference Room 1. CLOSED SESSION — Arcadia Redevelopment Agency ACTION ROLL CALL: CounciUAgency Members Chandler, Chang, Marshall, Segal and Kovacic. All present TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE REDEVELOPMENT AGENCY (NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON) No one spoke. Conference with Real Property Negotiators (Government Code Section 54956.8) Property: Property Owner: 7 N. 51h Avenue Ralph and Nancy Alfieri 11 & 111 N. 5th Avenue Arnold and Judith Richter 131 N. 5th Avenue Matt Waken Negotiating Parties — Agency: Deputy Executive Director Under Negotiation: Price and Terms of Payment At 6:04 p.m. the Agency RECESSED to ADJOURN REDEVELOPMENT AGENCY to October 3, 2000 at 5:00 Closed Session. The p.m. Council CONVENED in the Council Chmbrs 7:00 p.m. at 7 :00 p.m. Council Chambers INVOCATION Reverend Gerry Wilson, Arcadia Friends Community Church PLEDGE OF ALLEGIANCE David Renfrew, Bo y Scout Troop 104 ROLL CALL: Council Members Chandler, Chang, Marshall, Segal and Kovacic All present All City Attorney Deitsch announced the subject discussed at the earlier Closed Session. 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS The minutes of the 9/5/00 Mtg. WITHDRAWN (12a. MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 5 -0 reading in full. 3. PRESENTATION of Mayor's Youth Service Award to Keith Rausch. 4. PRESENTATION of Mayor's Employee Recognition Award to Jim Sloan and Scott Riggs. 5. PRESENTATION of Mayor's Business Recognition Award to John Waltrip's Music Center. Gary A. Kovacic, Mayor • Mickey Segal, Mayor Protempore • Roger Chandler, Dr. Shang Chang, Gail A. Marshall, Council Members William R. Kelly, City Manager June D. Alford, City Clerk ACTION 6. PRESENTATION of (August) Community Service Award to Byron Dickson. 7. PRESENTATION of Proclamation declaring Boy Scout Week. 8. PRESENTATION of Proclamation declaring White Cane Days. 9. ADMINISTRATION OF OATH OF OFFICE to David Olson, Planning Commission, city clerk June Alford 10. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON- PUBLIC HEARING/FIVE R. viboolkij MINUTE TIME LIMIT PER PERSON) A. ohre J. Fohrer L. Pollard 11. MATTERS FROM ELECTED OFFICIALS _City Council Reports/ Announcements /Statements /Future Agenda Items see Minutes 12. CONSENT a. Minutes of the September 5, 2000 Regular meeting. WITHDRAWN b. Recommendation to accept all work performed by CLS Landscape Approved 5 -0 Management Inc. for the installation of a new automated irrigation system and 3 -inch water service line at Hugo Reid Park as complete and to authorize the final payment to be made in accordance with the contract documents, subject to a retention of $4,949.00. C. Recommendation to contract with the South Pasadena Arcadia Reading Approved 5 -0 Centers, Inc. (SPARC) to provide literacy services to the Arcadia Public Library; and to accept a grant from the State for this purpose. d. Recommendation to contract with Post Alarm Systems to provide security Approved 5 -0 guard services for the Arcadia Public Library for a cost not to exceed $19,800.00 per year. e. Recommendation to enter into a Professional. Services Agreement with Approved 5 -0 Civiltec Engineering Inc. in the amount of $124,983.00 to design the Anoakia water well and discharge line. 13. CITY ATTORNEY a. Recommendation to Adopt Ordinance No. 2131, an ordinance of the Adoped 5 -0 City Council of the City of Arcadia, California; amending Article VII, Chapter 2 of the Arcadia Municipal Code relating to sweeping sidewalk refuse into streets. 2 ACTION City Attorney continued b.. Recommendation to Adopt Ordinance No. 2121, an ordinance of the Adopted 5 -0 City Council of the City of Arcadia, California, amending Article IX, Chapter 4 of the Arcadia Municipal Code pertaining to property maintenance and nuisance abatement. C. Recommendation to Adopt Ordinance No. 2129, an ordinance of the Adopted a -i City Council of the City of Arcadia, California, amending the Arcadia Marshall opposed Municipal Code by adding a new Chapter 10 to Article VII establishing industrial waste regulations and associated fees. Recommendation to Adopt Ordinance No. 2130, an ordinance of the Ado ted n - 11 City Council of the City of Arcadia, California, adding Sections 7823(k) Marshallo - and 7824 and amending Section 8130.11 of the Arcadia Municipal Code pertaining to the implementation of storm water and urban runoff controls for new construction, and imposing service fees. e. Recommendation to Introduce Ordinance No. 2132, an ordinance of thelntroduced 5 -0 City Council of the City of Arcadia, California, amending Article I of the Arcadia Municipal Code and adding Chapter 10 prohibiting distribution of commercial and noncommercial written materials at City owned facilities. Recommendation to Introduce Ordinance No. 2135, an ordinance of thelntroduced 5 -0 City Council of the City of Arcadia, California, amending Section 9269.5 relating to parking requirements for regional shopping centers and adding Section 9220.25.3 to the Arcadia Municipal Code establishing a definition for gross leasable area, Text Amendment T.A. 99 -006. Recommendation to Introduce Ordinance No. 2136, an ordinance of the introduced as City Council of the City of Arcadia, California, amending the zoning code of Amended 5 -0 the City of Arcadia to reconfigure the C -2 & D (General Commercial and Design Overlay and C -2 & D H8 (General Commercial with a design and high -rise overlay) zoning boundaries for the property located at 400 S. Baldwin Avenue (commonly known as the Westfield Shoppingtown— Santa Anita) to incorporate the new building envelope which includes the enclosed and open air mall areas. Recommendation to Adopt Resolution No. 6199, a resolution of the City Deferred to Council of the City of Arcadia, California, rescinding Resolution No. 4185 10 -3 Meeting and establishing new regulations for certain property located at the northeast corner of Huntington Drive. and Baldwin Avenue effective upon its reclassification to the C -2 & D and C -2 D & H8 zones. ADJOURN CITY COUNCIL to October 3, 2000 at 5:00 p.m. in memory of Charles E. Askin and Jewell High. ADJOURNED at 9:15 p.m. 3. ,�O�rourN ,•� _ MEMORANDUM Office of file Cliv i t mev Date: September 19, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH. CITY ATTORNEY SUBJECT: ORDINANCE NO. 2132 AMENDING ARTICLE 1 OF THE ARCADIA MUNICIPAL CODE AND BY ADDING CHAPTER 10 PROHIBITING DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL WRITTEN MATERIALS AT CITY OWNED FACILITIES BACKGROUND Recently a religious organization in the City made a request to the Arcadia Library for permission to display certain historical materials with a religious theme. Library staff declined the request and subsequently the City Attorney's office was asked to address the issue of prohibiting distribution of commercial and noncommercial written materials at City facilities, including the Arcadia Library and City Hall. DISCUSSION Written materials, both commercial and noncommercial, are forms of speech protected by the First Amendment. In addition, courts have traditionally held that public facilities are considered "limited" public forums. However, the United States Supreme Court has ruled that even protected speech may be regulated by government in a public forum if specific criteria are met. The Court's criteria include that the regulations must: 1) Be reasonable in light of the purpose served by the forum; 2) Serve a compelling or significant governmental interest; 3) Be narrowly tailored and leave open ample alternative channels of communication; and 4) Be neutral regarding content and viewpoint. The City Attorney's office has drafted a proposed ordinance which satisfies the criteria established by the United States Supreme Court. In addition, the ordinance provides for distribution of information regarding City business and City sponsored events, as well as information regarding other public agencies. The reasoning for this provision is that furnishing such information at City facilities is proper and necessary because of the "nature" of the limited public forum and is an important part of the daily functions of the City's vital government facilities. In spite of meeting the Supreme Court's criteria listed above, the City Attorney cannot absolutely guarantee that the proposed ordinance would necessarily withstand a legal challenge. Because of this, the City Attorney will continue to monitor cases decided by state and federal courts concerning first amendment issues having a bearing on the proposed ordinance to make sure that the City's ordinance continues to reflect the courts' direction. Any issues regarding First Amendment rights must always be approached with caution. However, the City Attorney's research in this matter indicates that case law supports a city's ability to reasonably regulate the distribution of commercial and noncommercial written materials within City facilities. FISCAL IMPACT None. RECOMMENDATION It is recommended that the City Council introduce Ordinance No.2132 entitled, "An Ordinance of the City Council of the City of Arcadia, California, amending Article I of the Arcadia Municipal Code and by adding Chapter 10 prohibiting distribution of commercial and noncommercial written materials at City owned facilities." CONCUR: William R. Kelly City Manager Attachment — Ordinance No. 2132 .4 k, • �°°'_��• STAFF REPORT • PUBLIC WORKS SERVICES DEPARTMENT ;September 19, 2000 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct r Prepared By: .Robert Wheeler, Maintenance C ntract Officer • Chris Ludlum, Management Analyst Tiffany Lee, Engineering Assistant Reviewed By: Tracey Hause, Administrative Services Directo SUBJECT: REPORT AND RECOMMENDATION TO . ACCEPT ALL WORK PERFORMED BY CLS LANDSCAPE MANAGEMENT INC. FOR THE INSTALLATION OF A NEW AUTOMATED IRRIGATION SYSTEM AND 3- INCH WATER SERVICE LINE AT HUGO REID PARK AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SUBJECT TO A RETENTION OF $4,949. SUMMARY On June 20, 2000, the City Council awarded a contract to CLS Landscape Management Inc. in the amount of $49,490 for the installation of a new 'automated irrigation system and a 3-inch water service main line at Hugo Reid Park. The terms and conditions of this project have been complied with and the required work has been performed to staffs satisfaction for a total project cost of $49,490. Staff recommends that the City Council accept all work performed by CLS Landscape Management Inc. as complete and authorize the final payment in accordance with the approved contract documents, subject to a retention of$4,949. DISCUSSION This new system design incorporates the installation of two new backflow prevention devices, connections to a new water meter, installation of master control valve, flow meter, new electrical service; state of the art irrigation control clock with remote control valves; automatic irrigation heads, piping and a new 3-inch water service line from the Rancho 6 well to a secondary backflow prevention device. The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction for a total' project cost of $49,490. Staff recommends that the City Council accept all work performed by CLS Landscape Management Inc. as complete and authorize the final payment in accordance with the contract documents, subject to a retention of$4,949. LASERt o A a — a CDN, /,„2 . - A t 1 Mayor and City Council September 19, 2000 +. Page 2 ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. • :FISCAL IMPACT Funds in the amount of $64,800 have been appropriated in the 2000-01 Capital Improvement Program to cover the cost of this project. The final contract cost for the installation of a new automated irrigation system and 3-inch water service line at Hugo Reid Park was $49,490, resulting in no change to the original contract amount. RECOMMENDATION It is recommended that the City Council: 1. Accept the work performed by CLS Landscape Management Inc. for the installation of .a new automated, irrigation system and 3-inch water service line at Hugo Reid Park as complete. 2. Authorize the final payment to be made in accordance with the contract documents subject to a retention of$4,949. PM:RW:CL:TL:dw Attachments: Location Map Site Map Approved by: IA1��I V William R. Kelly, City Manager f \ , -t HUGO REID Pi- K NORTH y G Q „ GnuWVfew Ave. Slene / I MK• G ow Av '''bn � {{¢yenda DMo ,_____, . .. _ Ili 210 Faolh93 Frwy ME 4 'H d i / as oty MI IM 5: e a. I I , $ a Hun on -�`(r Daripn Dr. 1 N I l is OM /i:, ...was ' ' ------- D''rt la PI PROJECT LOCATION g ri . . /NI> ., ,40/ .e„ LOCATION MAP 6 #.,, ' UGO RiEID PARK a - - - votiire-rilolip ,, F y va ft £' '.?' • ew..1 : ! . - �,; .+ V rte, t . a. +l ref .iiet� v� "' �.- « t*, .yam♦ •.E. ∎ 4!°'z, ' i :. if, - - 1 - ,---- - . is - ' " ---''''''' R 1 2----' ....'''''''*111r6H-t...4.:,.*:' - - -------' >-` a r y iti` 4 ` ;'�. c „ ] w 1 ,! y--,...,-,1 1 3a• F 4* - V. 1$*' '''' -..;:ifil'id - ,,. : ' # �"" 99 ..„..„,,,,,,:, ,.. , __-,,,, - _ . --.,-, r ; '-.1'7.:1")",r4:4A togiffilissii" ....7 '„,,,';',',",4-I.. ,: 1 i ,, •,„ - •er_lf- ' i c-,,,,7f / tr._ i : 0 t ,,..• 1-.11',4, ,qiirlw , . z A - ''''''''' I; ‘, '-''''. 0 SITE MAP