CLOSED SESSION: A Closed Session of the Monrovia Redevelopment
Agency to discuss Real Property Negotiations and Relocation of
The Home Depot from 407 West Huntington Drive to 1601 South
Mountain Avenue, Government Code 54956.8, was held in the City
Council Conference Room. The Closed Session convened at 7:00
P.M. and adjourned at 7:33 P.M. All City Councilmembers were in
attendance with the exception of Mayor Pro Tem Wilcox who was
excused.
CONVENE: The Regular Meeting of the Monrovia City Council of
Tuesday, March 19, 1996, was convened at 7:41 P.M. in the Council
Chambers by Mayor Robert T. Bartlett.
INVOCATION: The Invocation was led by Pastor Richard Sullender,
First Baptist Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Councilmember Blakely.
ROLL CALL: In attendance were Councilmembers Adams, Blakely,
McCarville, and Mayor Bartlett. Mayor Pro Tem Wilcox was
excused. Mayor Bartlett announced that Mrs. Wilcox had taken ill
today and was in the hospital for tests; that she was resting
well; and that the City's prayers were with her.
PROCLAMATIONS
1. Recognition of John Fasana, Metropolitan Transportation
Authority Director, for Effective Representation for the Approval
and Funding of the Los Angeles to Pasadena Blue Line Light Rail
Project: Mayor Bartlett presented a Proclamation to Mr. Fasana
in recognition of his countless hours of consensus building over
ten years to bring the Blue Line Light Rail Project to Pasadena
and hopefully beyond through Duarte. Mr. Fasana thanked the City
Council for the recognition.
2. National Community Development Week, April 1-7, 1996,
Proclaimed: Following an overview of Monrovia's Community
Development Block Grant (CDBG) Program over the past twenty-one
years by Affordable Housing Rehabilitation Coordinator Daniel
McConnell, Mayor Bartlett presented the Proclamation to Mr. Alan
Nakashima, CDBG Program Manager, County of Los Angeles Community
Development Commission. Over $7.5 million in CDBG funds have been
spent for housing improvements and rehabilitation projects of
community benefit. Mr. Nakashima thanked the City for its
participation.
3. National Fair Housing Month, Month of April 1996, Proclaimed:
Following an overview of the City of Monrovia's strong commitment
toward providing housing and related programs, which benefit all
residents without regard to race, religion or national origin by
Housing Rehabilitation Coordinator Daniel McConnell, Mayor
Bartlett presented the Proclamation to Herlinda Gonzales of the
Fair Housing Council of the San Gabriel Valley. The City Council
has been instrumental in the promotion of equal opportunity
housing for the overall good of the community. Ms. Gonzales
thanked the City Council for the Proclamation.
PRESENTATIONS
1. Introduction of Newly Promoted Fire Personnel; Battalion
Chief Sam DiGiovanna, Fire Inspector Scott Haberle and
Firefighters Alex Arellano, Shawn Morton and Brian Patrick: Fire
Chief Ernest Mitchell introduced the newly promoted Fire
personnel and family members who were in attendance. He
announced that Fire Inspector Jerry Robinson had been promoted to
Deputy Fire Marshall but could not be in attendance due to
illness. Mayor Bartlett congratulated each on his new position.
2. Introduction of Newly Hired Police Officers Patricia Newton
and Alan Sanvictores: Police Chief Joseph Santoro introduced the
newly hired Police Officers and family members who were in
attendance. Mayor Bartlett welcomed the Officers to the Monrovia
family.
3. Recognition of California Conservation Corps (CCC) for
Outstanding Contributions in the Area of Fire Protection: Fire
Chief Ernest Mitchell explained the relationship between the Fire
Department and the California Conservation Corps. Mayor Bartlett
presented a plaque to Orlando Rivera in recognition of the
California Conservation Corps' tremendous work in assisting the
City by cutting fire breaks in the hillsides of Monrovia. The
Corps' untiring efforts in the foothills above Monrovia will
assist the City in protecting its residents and community against
the potentially ravaging effects of wildfire.
STUDENT GOVERNMENT REPRESENTATIVE REPORT: Student Liaison Ricci
Rivera reported on activities at Monrovia High School.
A. CONSENT CALENDAR: At the request of a member of the
audience, James Gustafson, 1055 W. 7th Street, Los Angeles,
California, attorney for NEWCO Waste Systems, Inc., Consent
Calendar Item J-2 (Resolution No. 96-12 relating to affirmation
and ratification of notices of non-renewal of the Franchise
Agreement given to NEWCO Waste Systems, Inc., and affirmation of
the authority of the City Manager to do so) was removed from the
Consent Calendar for discussion.
It was moved by Ms. Blakely, seconded by Mrs. McCarville, to
approve Resolution No. 96-12.
Discussion ensued which included Mr. Gustafson's opposition to
the adoption of Resolution No. 96-12 as he was of the opinion
that City Manager Rod Gould did not have the authority to send
letters of non-renewal to NEWCO Waste Systems, Inc., in 1992 and
1993; that the City Council had no basis to meet in Closed
Session in 1992 and 1993; that the City Council had not voted in
public to send the letters; that this matter should have been
discussed in public; and that City Council action affirming the
notices of renewal would be in violation of the Brown Act and a
misdemeanor. He cited precedent setting cases of other cities
which he believed related to this proposed action. He further
surmised that Mr. Adams and Mrs. McCarville were not on the City
Council until 1994 and therefore could not vote on Resolution No.
96-12. He argued NEWCO's contended positions vs. the City of
Monrovia's positions as to the date of expiration of the
contract.
City Attorney Bagneris noted that in response to the alleged
violations of the Brown Act, the Agenda asking for ratification
and affirmation of the City Manager's actions had been posted
seventy-two hours in advance of this Meeting and was fully
disclosed. She stated that this action, while not required,
ratifies an action that was authorized. She further stated that
the cases cited by Mr. Gustafson to substantiate his allegations
referred to the ratification of unauthorized actions. She stated
that a number of Mr. Gustafson's statements will be addressed in
Court.
She stated that in relation to Mr. Adams not being a member of
the City Council in 1992, the Resolution related to the City
Council as a whole. In response to Mr. Adam's query, Ms.
Bagneris stated that he may abstain if he was uncomfortable with
the language, although it was not necessary, or the language of
the Resolution could be revised. Ms. Bagneris recommended
amending the Resolution by adding under Section 5, last sentence
on page one, following "...1992 to the present" the statement
",during the time that each Councilmember served on the City
Council,".
Ms. Blakely, maker of the motion, and Mrs. McCarville, seconder
of the motion, agreed to the amendment. Ms. Blakely called for
the question.
Roll Call: Ayes: Councilmembers Adams, Blakely,
McCarville and Mayor Bartlett
Excused: Mayor Pro Tem Wilcox
Motion carried: 4-0
It was moved by Mrs. McCarville, seconded by
Ms. Blakely, to approve Consent Calendar Agenda Items *B, *E-1,
*F-1, *F-2, *I-1, *I-2, *I-4, and *K.
Roll Call: Ayes: Councilmembers Adams, Blakely,
McCarville and Mayor Bartlett
Excused: Mayor Pro Tem Wilcox
Motion carried: 4-0
*B. MINUTES: Minutes of the Regular Meeting of March
5, 1996 of the Monrovia City Council were approved by order of
the Consent Calendar.
C. ORAL COMMUNICATIONS
1. New Stop Sign at Hillcrest Boulevard and Magnolia Avenue:
Neil Smith, 248 W. Scenic Drive, thanked the Council for the
placement of a stop sign at this location, making the
intersection a four-way stop. He reported that his neighborhood
had wanted a four-way stop for nineteen years.
Connie Noll, 404 N. Magnolia Avenue, also thanked the Council,
the Traffic Safety Committee and Public Works Director Bob
Bammes. She stated the neighborhood had wanted a stop sign there
for at least thirteen years, and had petitioned for the sign at
that time. She felt the signs had resolved many safety and
traffic issues. She presented a picture to Bob Bammes of the
newly installed stop sign with a ribbon around it attached to the
notice to the residents of the installation of the new signs.
2. Request for Retraction of Statements; November 7, 1995
Minutes of the City Council: James Gustafson, 1055 W. 7th Street,
Los Angeles, California, attorney for NEWCO Waste Systems, Inc.,
expressed concerns regarding comments made by Mayor Bartlett as
reflected in the adopted Minutes of the November 7, 1995, City
Council Meeting, that Ms. Blakely was not in attendance as she
had gone into premature labor after receiving the notice of
NEWCO's lawsuit. He further argued that depositions taken
recently from Mr. Foster, Mayor Bartlett, Mr. Gould and
Councilmember Blakely reflected that none of them had ever been
informed by a doctor that there was any causal connection
whatsoever in the serving of the NEWCO cross-complaint and Ms.
Blakely's premature labor. He stated that the statement was
reckless and inflammatory, and that he expected and demanded a
public apology as well as a retraction of the statement from the
Minutes.
Mayor Bartlett responded that as far as he was concerned a public
apology and retraction would not be forthcoming, as the Minutes
reflected what was said at the City Council and the Minutes will
stand as adopted.
3. Walk & Give, America For Christ 10K Walk: Pastor Richard
Sullender, First Baptist Church, 135 S. Encinitas Avenue,
Monrovia, distributed copies of a sponsor form to the City
Council for a 10K walk on Saturday, April 13, 1996, Royal Oaks
Park, Duarte, sponsored by his church. He explained how the
funds raised would be spent and encouraged the City Council to
walk or to sponsor someone else or to sponsor the entry of his
daughter and himself.
4. KGEM Live Call-in Show: Jason Lewis, KGEM Producer, thanked
Mr. Hopper for appearing and Ms. Blakely for calling in on the
last live call-in show which dealt with the proposed downtown
theater. He announced that the next live call-in show is
scheduled for May 10, 1996.
D. PUBLIC HEARINGS
1. Declaration of a Public Nuisance, 449 Monrovista Avenue;
Ratification of City Manager Action in Abating the Public
Nuisance; Adoption of Abatement Schedule; Resolution No. 96-11;
Opened and Continued to April 2, 1996
Code Enforcement Officer Lynda Ferris reviewed the Staff Report
with the aid of slides.
The Public Hearing was held to give the City Council an
opportunity to hear and pass upon the report submitted by the
City Manager and Code Enforcement Officer to declare a current
public nuisance at the property located at 449 Monrovista Avenue
and ratifying the action of the City Manager in previously
abating the court ordered public nuisance and to confirm the
abatement costs of abating that nuisance and hear any objections
or protests raised by any person liable to be assessed for such
costs.
The property is a 6,250 square foot lot improved with a 1,080
square foot single family dwelling. The property has been left
vacant, unsecured and in a state of neglect for over a year.
Staff received numerous complaints that unsightly conditions,
i.e., trash and debris, and drug activity exists on the property.
An inspection on October 5, 1994 by Code Enforcement and the
Police Department revealed that the structure was in extreme
substandard condition which resulted in the property being posted
"Uninhabitable" by the building official. Promises by the owners
to rehabilitate the property have not been fulfilled.
In October 1995, Staff started to receive numerous complaints
that the property had continually gotten worse. Correspondence
was also received from the Police Department reporting transients
and drug activity on the property. Inspections revealed the
complaints to be valid. Photos were taken.
Notification regarding the conditions of the property was sent by
certified and regular mail to Mr. and Mrs. Frank Haynes on
November 5, 1995. Further, Assistant City Attorney Terence Boga
attempted to reach the Haynes on January 22 and 23, 1996 to
inform them of the City's intent to enter upon the subject
property for the purpose of abating the nuisance. The telephone
calls were not returned.
On January 23, 1996, the Santa Anita Municipal Court issued the
Abatement Warrant permitting contractors secured by the City to
enter onto the property and abate the public nuisance. Staff
solicited bids from three private contractors. Abatement of the
nuisance was completed by February 6, 1996. Total costs incurred
to date total $4,161,80. The neighborhood is a CAP neighborhood,
and the residents are very concerned about the condition of the
property.
Despite these actions, the property owner has failed to correct
substandard conditions outlined in the report. Chapter 8.12 of
the Monrovia Municipal Code authorizes the City Council to assess
all costs incurred in abating a public nuisance located on real
property within the City, including incidental expenses, as a
special assessment against the property. If the property owner
fails to abate the continued public nuisance within the schedule
adopted by the City Council, Staff estimates the additional
incurred costs of abatement by demolition to be approximately
$10,000.00, which will also be recovered through the recordation
as a lien against the property.
Mr. Adams complimented Ms. Ferris and her co-workers in the
recent demolition of the property at 919 W. Walnut Avenue which
had been designated a Public Nuisance.
Public Hearing Opened: Mayor Bartlett opened the Public Hearing:
Those speaking in favor: None
Those speaking against:: Ernie Ross, 434 N. Cerritos, Azusa,
friend of owners Frank and Beverly Haynes, stated he was speaking
on their behalf and requested an extension of time for the
abatement as there were two parties interested in the property at
this time.
City Attorney Bagneris stated that she had spoken that afternoon
to Al Moses, the probate attorney handling the estate of the
technical owner of the property, Minnie Haynes. Mr. Moses told
the City Attorney that he had positive feedback from prospective
buyers and requested a continuance of the hearing to April 2,
1996. Mr. Moses, who was unable to attend the City Council
Meeting, was advised by City Attorney Bagneris that she would
communicate this information to the City Council but could not be
certain that the City Council would agree to a continuance. City
Attorney Bagneris stated she informed Mr. Moses that the
Abatement Schedule as proposed ends May 28, 1996-- a 70-day
period for complete compliance. In response to Ms. Blakely's
question regarding how the an open escrow affected the Abatement
Schedule, Ms. Bagneris responded that at this point there was no
escrow, and, if the two week extension were granted, the
Abatement Schedule would be extended accordingly by two weeks. If
during the requested two-week extension an escrow was opened, the
Abatement Schedule must still be met. She stated that the
prospective buyer had actual and constructive knowledge of the
Abatement Schedule, and that the prospective buyer intends to
rehabilitate the property.
Mayor Bartlett asked Mr. Ross why Mr. Haynes had ignored the
notices. Mr. Ross stated that Mr. Haynes did clean the property
twice over the last two years while he was out of work, but was
then able to go back to work. He further stated that people Mr.
Haynes had counted on to help him did not follow through.
As Mr. Haynes was in the audience, Mayor Bartlett asked him to
come to the podium. In response to Mayor Bartlett's questions,
Mr. Haynes replied that he was committed to doing everything in
his power to remove the blight from the community or sell the
property, if the City Council would grant a two-week extension. .
It was moved by Mayor Bartlett, seconded by Ms. Blakely, to
continue the Public Hearing for no more than two weeks to the
City Council Meeting of April 2, 1996.
Roll Call: Ayes: Councilmembers Blakely,
McCarville and Mayor Bartlett
Noes: Councilmember Adams
Excused: Mayor Pro Tem Wilcox
Motion carried: 3-1
CONVENE MONROVIA REDEVELOPMENT AGENCY MEETING: The
Regular Meeting of March 19, 1996 of the Monrovia Redevelopment
Agency Board of Directors was convened by Chairman Robert T.
Bartlett at 8:59 P.M. without recessing the City Council Meeting.
ROLL CALL: In attendance were Boardmembers Adams, Blakely,
McCarville and Chairman Bartlett. Vice-Chairman Wilcox was
excused.
A. CONSENT CALENDAR: It was moved by Mrs. McCarville, seconded
by Ms. Blakely, to approve the Consent Calendar consisting of
Agenda Item *B.
Roll Call: Ayes: Boardmembers Adams,
Blakely, McCarville and Chairman Bartlett
Excused: Vice-Chairman Wilcox
Motion carried: 4-0
*B. MINUTES: The Minutes of the Regular
Meeting of March 5, 1996 of the Monrovia Redevelopment Agency was
approved by order of the Consent Calendar.
1. Adoption and Implementation of Comprehensive Five-Year
Housing Strategy
Assistant Executive Director Donald Hopper reviewed the Staff
Report.
The strategy for implementation of a Comprehensive Five-Year
Housing Strategy was essentially a three-prong action plan that
will achieve short, medium and long-range objectives. The
primary goals are to diversify the investment of MRA Housing
Set-Aside funds throughout the City of Monrovia; to target and
address neighborhoods that the Council/Agency Board considers
"at-risk" and/or areas in need of significant residential
redevelopment; and to foster and promote home ownership
throughout the City of Monrovia.
The plan involves three types of housing activity as follows:
Yearly neighborhood investments: Spearheaded by aggressive code
enforcement and the Community Activist Policing Committee (CAP),
the Agency will identify neighborhoods that are either considered
"at-risk" or in need of a large scale revitalization. "In-fill"
housing will catalyze this revitalization over a period of years.
One-time development investments: The Agency will identify,
acquire and dispose of/develop properties that, by themselves,
present a blighting influence in a neighborhood.
Second mortgages: Provide down payment assistance for families
with modest incomes throughout the City. This may not only
spread the opportunity for first-time buyers, but will also
stimulate housing construction.
Several key opportunities include phasing in neighborhood
revitalization on the 700 to 900 blocks of West Walnut Avenue.
The West Walnut neighborhood revitalization would consist of four
phases. The first phase would involve the acquisition and
disposition of 915, 917 and 919 West Walnut Avenue. The next
three phases would identify other sites moving west along Walnut.
Complimented by vigilant code enforcement and CAP oversight, this
phased project will stimulate private development and investment
return to the neighborhood.
East Almond and East Maple Avenues represent a chance to maintain
and promote secure neighborhoods. Similar to the 700 to 900
blocks of West Walnut Avenue, the 400 to 600 blocks of Almond and
East Maple Avenues are considered at-risk neighborhoods. These
two streets have recently been targeted by CAP for intensified
and concentrated oversight. Initial work on Almond and East Maple
will focus on community involvement and improvement. The initial
phase will include comprehensive resident involvement, intense
code enforcement and CAP oversight, street/parkway improvements,
housing rehabilitation grants, and limited land acquisition.
Subsequent investments will be used primarily for land
acquisition and new housing starts.
A third opportunity involves East Foothill Boulevard and the
completion of the North Anchor. Staff recommends the development
of affordable housing at 132 and 148 East Foothill Boulevard
(Wagner Refrigeration and the Baktiarian Service Station,
respectively). These two properties represent the final leg in
the redevelopment of the North Anchor. By assembling the two
parcels, the Agency would be able to write-down the project
significantly for the development of unique and marketable
affordable housing. This would eliminate two properties that are
currently eyesores in an otherwise improving area.
The objective is to develop an attractive housing development
near the Old Town, which will facilitate home ownership for a
number of families and complete the North Anchor of the
redevelopment project area. If left to the private sector, a
change in uses at 132-148 will never materialize.
The fourth opportunity involves down payment assistance through
the offering of "scattered seconds." The most consistent reason
given for the inability of low- and moderate-income families to
purchase a home is that they can't save enough for the standard
10% down payment. The Agency could dedicate a lump sum of
housing money to be used for second mortgages. The amount of
each second mortgage would not exceed $25,000.00. Staff
currently estimates $120,000.00 per year to be pledged towards
this program.
The home buyers must have a 5% down payment, and a 28% ratio
requirement of house payment to monthly income must be adhered to
by all home buyers. The offering of second mortgages would serve
as an incentive for families to purchase homes in areas that
would benefit from an increase in owner occupied housing units.
It may also spark some housing construction throughout the City
by creating a larger pool of potential home buyers.
Staff has identified a schedule for these programs to occur.
Funding is available to meet the scheduled expenditures.
After discussion, it was moved by Mrs. McCarville, seconded by
Ms. Blakely, to adopt and implement the Five-Year Comprehensive
Housing Strategy and direct the Administrative Services Director
to make the necessary budget modifications.
Roll Call: Ayes: Boardmembers Adams, Blakely,
McCarville and Chairman Bartlett
Excused: Vice-Chairman Wilcox
Motion carried: 4-0
2. Agreement for Services with City of Monrovia for
Installation and Maintenance of Landscaping on Agency Properties
at Huntington Drive and Primrose Avenue, and Huntington Drive and
Ivy Avenue; $18,950.00 Including $1,500.00 Annual Contribution
from Foulger Ford
Management Analyst Scott Ochoa reviewed the Staff Report.
The Redevelopment Agency owns two properties on Huntington
Drive-- one at the northeast corner of Huntington Drive and
Primrose Avenue and the other at the northeast corner of
Huntington Drive and Ivy Avenue.
Currently these lots are vacant and not very attractive. Though
they do have dirt berms, recent heavy rains have left the lots
looking unkempt. The Agency contracts with the Parks and
Environmental Services Division for litter removal and weed
abatement. However, there is no landscaping on the lots. Chuck
Foulger, owner of Foulger Acura, has complained that the wind
blows dust from the vacant lot on Huntington and Primrose,
forcing him to wash the cars on his lot daily. He has requested
that the City do something to lessen the impact of dust and
generally unsightly conditions on this lot.
Landscaping would greatly enhance the appearance of these
properties, as well as minimize dust being blown from the lots.
The proposed landscaping of the lots would include 10-foot wide
berms with turf and irrigation along the western and southern
portions of the properties. Three planters would be installed on
each lot. The planters will consist of a combination of trees,
shrubs and plants. Until viable development opportunities on
these sites become available, it would reflect well on the Agency
to maintain its properties on the same level required of Monrovia
businesses.
The additional landscaping on Huntington Drive at Ivy and
Primrose Avenues will increase the annual maintenance and weed
abatement costs to $10,950.00 from its current level of
$3,750.00. Chuck Foulger has agreed to make an annual $1,500.00
contribution to the maintenance of the Primrose Avenue
landscaping. In return, he would like to install pavement on the
corner of Huntington and Primrose to be used to display some of
his cars.
After discussion, it was moved by Mr. Adams, seconded by Mrs.
McCarville, to direct the Executive Director to enter into an
Agreement for Service with the City of Monrovia Department of
Public Works to install and maintain landscaping on the Agency's
properties on Huntington Drive and Primrose Avenue, and
Huntington Drive and Ivy Avenue.
Roll Call: Ayes: Boardmembers Adams, Blakely,
McCarville and Chairman Bartlett
Excused: Vice-Chairman Wilcox
Motion carried: 4-0
ADJOURN MONROVIA REDEVELOPMENT AGENCY MEETING: The
Monrovia Redevelopment Agency Board Meeting was adjourned at 9:25
P.M. and the City Council Meeting continued.
E. BIDS
*1. Reject Sole Bid; 3/4 Ton Stake Bed Dump Truck Purchase,
Gunderson Chevrolet, $25,364.60 with Trade-in; Re-bid Equipment
Replacement for 1996 GMC 3/4 Ton 2500 Stake Bed Truck
Rejection of the sole bid for the replacement purchase of a 3/4
Ton Stake Bed Dump Truck was approved by order of the Consent
Calendar.
The City's 3/4 Ton Stake Bed Dump Truck is 11 years old and has
exceeded its useful life. A recent condition assessment revealed
that its engine is failing and needs to be rebuilt. This truck
is scheduled for replacement in the current fiscal year. If the
City were to repair the vehicle, the value of the vehicle would
not exceed the repair cost.
One bid was received from five local Chevrolet dealers.
Including the trade-in credit, the net cost of the new vehicle
would be $23,614.60 compared with a budget of $22,000.00 in the
General Equipment Pool Division Budget for the purchase of this
vehicle. Since the City received only one bid, Staff recommended
rejecting all bids and re-binding the equipment replacement.
F. COMMUNICATIONS AND PETITIONS
*1. Denial of Liability Claim; Fayeq Mohammed Elian v. City of
Monrovia, Claim of Emotional Distress
This claim was denied by order of the Consent Calendar. Mr.
Fayeq Mohammed Elian made a claim against the City for arrest and
imprisonment on September 22, 1995, without reasonable cause. On
that date, a Police Officer observed Mr. Elian's failure to stop
at a stop sign, nearly colliding with a Police vehicle.
Based on Mr. Elian's physical appearance, the Police Officer
conducted a number of Field Sobriety Tests. Based on the
Officer's training and experience as a Certified Drug Recognition
Expert, he determined Mr. Elian was too impaired to operate a
motor vehicle safely. Mr. Elian was then placed under arrest for
Driving Under the Influence and transported to the Police
Department for further drug evaluation. There he was booked,
processed, housed for detoxification, and later released on his
written promise to appear in Court. The drug evaluation yielded
negative results for the specific drugs tested and the charges
against Mr. Elian were then dropped.
Staff recommended that City Council deny this claim as the Police
Officer had probable cause to stop Mr. Elian after he ran the
stop sign and, upon testing, showed signs of being under the
influence of drugs or alcohol.
*2. Denial of Liability Claim; Chris Meyers v. City of Monrovia,
Claim of Damages
This claim was denied by order of the Consent Calendar. Chris
Meyers claimed that on February 24, 1996, a sharp edge along the
sidewalk at 850 Oakglade Drive slashed the sidewall of the tire
on his vehicle. Public Works reviewed the area and did not find
any metallic or sharp protrusions along the street curb in front
of 850 N. Oakglade Drive. However, a County Flood Control
District Storm Drain catch basin shows evidence of a fresh gouge.
Mr. Meyers was notified to contact the Los Angeles County Flood
Control District.
Staff recommended that the Council deny this claim.
G. REPORTS OF CITY COUNCILMEMBERS AND SUB-COMMITTEES
1. Mayor Pro Tem Wilcox was not in attendance.
2. Councilmember Adams:
(a) Monrovia Schools Foundation (MSF) Variety Show: He
reported that he had attended the Variety Show held last Friday
evening at Monrovia High School. The event was a fund-raiser for
the MSF. He stated that the Board of Education participated in
the Variety Show and has challenged the City Council to perform
at next year's program.
(b) Legislative Women of the Year: He reported that
Lillias Coombs and Janice Marugg had been chosen from the
Senatorial and Assembly Districts, respectively, as Woman of the
Year. They will be honored in Sacramento next Monday. He stated
that it would be appropriate to recognize each at the next City
Council Meeting.
3. Councilmember Blakely:
(a) National League of Cities Annual Conference,
Washington, D.C.: She reported that the League adopted a
Five-Point Agenda from the fifteen issues identified and
presented to the Board of Directors to take on as top priorities.
The Board adopted the issues as follows: In reducing the Federal
deficit, legislators must make cuts fairly across the board;
legislators must continue to fix the current unfunded mandates;
cities must be made safer; there must be tax reform; and housing
and community development programs must continue.
4. Councilmember McCarville:
(a) Disaster Training for City Councilmembers: She stated
that she had attended the recent training session of California
Specialized Training Institute (CSTI). She stated that Monrovia
Fire Department Battalion Chief Sam DiGiovanna was a facilitator.
(b) Library Renovation Committee: She reported that the
first meeting with Consultant Rood regarding the renovation of
the Library had been very well attended.5. Mayor Bartlett
(a) Foothill Transit: He announced that the Foothill
Transit ground breaking ceremonies would be held on April 10,
1996. He stated that Foothill Transit was well received in
Washington, D.C. He explained the funding received from the
Federal government which made the project a reality and the
proposed funding requested for the El Monte facility.
(b) Marathon Proposed: Mayor Bartlett proposed that
Monrovia host an annual, Class One Marathon which would put
Monrovia on the map and generate money for the businesses and
City as well. He stated he would even consider a Midnight
Marathon. Mr. Gould reported that Community Services and the
Boys & Girls Club of Monrovia were planning a Bike Criterium for
June 30, 1996, as a fund-raiser for the Boys & Girls Club.
(c) National League of Cities Conference: He reported that
the Conference had gone extremely well, and that he will be a
part of the Debate Watch 96 and would like to host one in
Monrovia.
I. ADMINISTRATIVE REPORTS
*1. Final Approval; Tract Map No. 52041, 527-601 West Lemon
Avenue; Acceptance of Installed Water Pipeline and Dedication of
Water Pipeline Easement; Developer Bowden Development, Inc.
This matter was approved by order of the Consent Calendar. Final
Tract Map No. 52041 is for the subdivision of the property
located at 527-601 West Lemon Avenue to provide for construction
of three two-story units and five one-story units for a total of
eight detached, single family planned unit development. The
Final Tract Map was checked by the City's consultant and found to
substantially conform with the approved Tentative Map. The Final
Map was also checked for accuracy and found technically correct
and conforms with the requirements of the Subdivision Map Act and
the City's Subdivision Ordinance.
Staff recommended that the City Council approve the Final Map for
Tract Map No. 52041, including accepting an installed water
pipeline and the offer of dedication of the water pipeline
easement by the developer on the Tract Map.
*2. Roof Replacement Project; City Hall, Main Fire Station, Pool
Facility Building, Community Center, Including Asbestos Abatement
of Main Fire Station Roof; Change Orders Nos. 1, 2, 3, and 4 in
the Amount of $6,547; Acceptance of Work, Notice of Completion
and Final Progress Payment in the Amount of $63,187.44, Stone
Roofing Company, Inc.
This matter was approved by order of the Consent Calendar. On
September 5, 1995, the City Council awarded a contract to the
firm of Stone Roofing Company, Inc., in the amount of $85,619.40
plus additive unit price bid items for roof replacement and
maintenance work for City Hall, Fire Station No. 1, pool
administration building, and Community Center.
The original project did not include the roofing of the second
floor dormitory outdoor porch of the main Fire Station, which was
performed under Change Order No. 1 at a cost of $2,476.00.
Additional work at the Community Center was done at a cost of
$1,323.00. At the main Fire Station, the Contractor installed
six downspouts for the alternative bid price of $846.40. As part
of the roof replacement at the Fire Station, raised footing
supports were installed for the future installation of a
fence-like structure to screen the existing roof-mounted air
condition units and related duct work from external view at a
cost of $1,108.00.
The total cost of the four Change Orders is $6,547.00 or 7.3%
increase on the total project cost. $2,925.31 has been deducted
for the clean-up work, which had to be redone to the satisfaction
of the City. Thus, the final expenditure is a net of $93,208.19.
Staff recommended approval of Change Order Nos. 1, 2, 3, and 4,
issuance of a Final Progress Payment in the amount of $63,187.44,
acceptance of the Contractor's work, direction to the City Clerk
to file a Notice of Completion, and authorization for the Public
Works Director to approve the payment of the Retention 35 days
after acceptance of the work by the City Council.
3. Legislative Bulletin
Management Analyst Scott Ochoa summarized the legislative bills
and their potential impact on the City. In order to generate the
necessary letters of support or opposition to the pending bills,
Staff requested approval of the recommend- ations as presented.
Periodically, Staff will bring proposed or pending legislation to
the attention of the City Council and seek direction to take a
positions in support or opposition of legislation that affects
cities. The State legislature is generating a tremendous amount
of legislation at this time, which must be carefully monitored in
order that cities be heard. The report summarizes and proposes
positions on fifteen pieces of legislation that would have direct
or indirect impact on the City of Monrovia.
It was moved by Mayor Bartlett, seconded by Ms. Blakely, to
approve the Legislative Bulletin.
Roll Call: Ayes: Councilmembers Adams, Blakely,
McCarville and Mayor Bartlett
Excused: Mayor Pro Tem Wilcox
Motion carried: 4-0
*4. Extension of Time; Tentative Tract Map No. 51130,
855 W. Foothill Boulevard, SDK&B Partnership; Development of
Ten-Unit Condominium
This matter was approved by order of the Consent Calendar. The
City Council approved the tentative tract map, conditional use
permit and variance for a ten-unit condominium development at 855
W. Foothill Boulevard on May 19, 1992. The applicant is
requesting an extension of time to build the project. State law
allows for an additional 24 months, which would extend the Map to
May 19, 1998.
Staff recommended approval of a one-year extension of the
tentative tract map, conditional use permit and variance to May
19, 1997.
J. RESOLUTIONS AND ORDINANCES
1. Amendment of Monrovia Municipal Code, Title 17 (Zoning), to
Establish Regulations for Outside Installation of Publicly
Accessible Telephones; Second Reading and Final Adoption,
Ordinance No. 96-03
This is the second reading and formal adoption of an ordinance
that will provide for regulation of publicly accessible
telephones.
It was moved by Ms. Blakely, seconded by Mayor Bartlett, to read
by title only Ordinance No. 96-03. As there were no objections,
City Attorney Bagneris read as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONROVIA,
CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE MONROVIA MUNICIPAL
CODE PERTAINING TO THE INSTALLATION OF PUBLICLY ACCESSIBLE
TELEPHONES/OUTSIDE INSTALLATION ONLY.
It was moved by Ms. Blakely, seconded by Mrs. McCarville, to
adopt Ordinance No. 96-03.
Roll Call: Ayes: Councilmembers Adams, Blakely,
McCarville and Mayor Bartlett
Excused: Mayor Pro Tem Wilcox
Motion carried: 4-0 2. Validation of Authority;
Affirming and Ratifying Notices of Non-renewal of Franchise
Agreement in the matter of NEWCO Waste Systems, Inc.; Resolution
No. 96-12
This matter was pulled from the Consent Calendar, discussed, the
Resolution amended and voted upon favorably under "A. Consent
Calendar" above.
From 1949 to 1990, Best Disposal Company provided residential
solid waste services to the City of Monrovia. On February 20,
1990, Best Disposal Company assigned its rights, under the Solid
Waste Collection Franchise Agreement, to NEWCO Waste Systems,
Inc. The Franchise Agreement includes an automatic extension of
the Franchise term unless either party gives notice of
non-renewal in writing. On February 6, 1992, March 25, 1992 and
April 20, 1993, the City Manager advised NEWCO that the Franchise
Agreement would not automatically renew, but would be allowed to
expire by its terms on July 1, 1996.
The City of Monrovia, in conjunction with the cities of Arcadia,
Duarte and Bradbury, is currently involved in a competitive
procurement process for trash hauling and recycling services for
the four cities. NEWCO Waste Systems has taken the position in
litigation with the City that the City Manager did not have the
authority to send the notice of non-renewal of the Franchise
Agreement, and that the notices of non-renewal were ineffective
because they were not sent at the direction of the City Council.
Staff recommended adoption of Resolution No. 96-12 reaffirming
the Council's intent to end the Franchise Agreement with NEWCO
Waste Systems, Inc., at the earliest practical time in order to
expose the contract to market competition and declaring that the
actions of the City Manager in sending the notices of non-renewal
were fully authorized and done with the full knowledge and
consent of the City Council of the City of Monrovia during the
time that each Councilmember served on the City Council.
*K. PAYROLL & VOUCHERS: Payroll No. 5 in the net amount of
$265,439.87 and Voucher Numbers 52471 through 52752
non-sequentially in the amount of $720,646.74 was approved by
order of the Consent Calendar.
L. SCHEDULED MEETINGS: The next Regular Meeting of the Monrovia
City Council is scheduled for Tuesday, April 2, 1996, 7:30 P.M.,
Council Chambers, 415 South Ivy Avenue, Monrovia, California.
M. CLOSED SESSION: There was no Closed Session.
N. ADJOURNMENT: It was moved by Mrs. McCarville, seconded by Ms.
Blakely, to adjourn. The Meeting was adjourned at 9:47 P.M. in
memory of Marvin (Marv) Eissinger, Jane Ainley, and Charles
(Charlie) Segovia.
APPROVED:
_________________________________
Robert T. Bartlett, Mayor
ATTEST:
____________________________ Linda B. Proctor, CMC, City Clerk
© 1996 URLy Sylke All Rights Reserved CREDITS