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WITHDRAWN (12a.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
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IA1��I V
William R. Kelly, City Manager
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