ADOPTED MINUTES OF THE REGULAR MEETING OF THE MONROVIA CITY COUNCIL HELD TUESDAY, APRIL 16, 1996, 7:30 P.M. CONVENE: The Regular Meeting of the Monrovia City Council of Tuesday, April 16, 1996, was convened at 7:35 P.M. in the Council Chambers by Mayor Robert T. Bartlett. INVOCATION: The Invocation was led by Pastor Helen McCall, Shiloh A.M.E. Zion Church. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Lara L. Blakely. ROLL CALL: In attendance were Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox, and Mayor Bartlett. PROCLAMATIONS 1. Earth Day 1996, April 22, 1996; Announcement of Art Contest Winners Community Development and a number of local solid waste companies sponsored an Earth Day coloring contest highlighting the contribution recycling makes to the health of the earth. Contest materials were also available at the Cityâs Recycling Booth at the All-City Community Fair on April 20, 1996. Management Senior Analyst Barry Foster explained the program, thanked the City Council for judging the art contest, and announced the names of the winners. All winners will be recognized at the next City Council Meeting on May 7, 1996. 2. Municipal Clerks Week, May 5-11, 1996 Mayor Bartlett proclaimed the week of May 5-11, 1996 as Municipal Clerks Week in honor of the contribution that Municipal Clerks make nationwide to the efficient running of city governments across the nation. City Clerk Linda Proctor accepted the Proclamation. PRESENTATIONS: 1. Mayor Bartlett recognized and congratulated the winners of the 1996 Winter Youth Sports Program, all from Mayflower Elementary School. The Basketball Team presented a signed basketball to Mayor Bartlett, and the Cheer Leading Squad performed several routines. Respective coaches Charles Jackson and Beatrice Benitez were also introduced and congratulated. 2. Mayor Bartlett recognized and presented Certificates of Appreciation to those in attendance representing Gem City Kiwanis, Monrovia Rotary Club and Monrovia City Employeesâ ãWe Careä Foundation for their donations to help provide scholarships for some of Community Servicesâ youth sports participants. STUDENT GOVERNMENT REPRESENTATIVE REPORT: Student Liaison Ricci Rivera reported on activities at Monrovia High School. A. CONSENT CALENDAR: It was moved by Mrs. McCarville, seconded by Mr. Adams, to approve Consent Calendar Agenda Items *B, *F-1, *F-2, *I-6, *I-7, *J-1, *J-2, and *K. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox, and Mayor Bartlett Motion carried: 5-0 *B. MINUTES: Minutes of the Regular Meeting of April 2, 1996, of the Monrovia City Council were approved by order of the Consent Calendar. C. ORAL COMMUNICATIONS: 1. Volunteer of the Month: Tom OâConnell, 303 1/2 S. Madison Avenue, announced that Ray McCarville was the Monrovia Volunteer Centerâs ãVolunteer of the Monthä. He stated he thought it would be good if the City Council recognized Mr. McCarvilleâs volunteerism. 2. Opposition of New Stop Signs: Claude Chabana, 16 Hidden Valley Road, spoke in opposition to the newly installed Stop signs on Hillcrest Boulevard at Magnolia Avenue. D. PUBLIC HEARINGS: None CONVENE MONROVIA REDEVELOPMENT AGENCY MEETING: The Regular Meeting of April 16, 1996 of the Monrovia Redevelopment Agency Board of Directors was convened by Chairman Robert T. Bartlett at 8:00 P.M. without recessing the City Council Meeting. ROLL CALL: In attendance were Boardmembers Adams, Blakely, McCarville, Vice-Chairman Wilcox, and Chairman Bartlett. A. CONSENT CALENDAR: It was moved by Mrs. McCarville, seconded by Mr. Adams, to approve the Consent Calendar consisting of Agenda Item *B. Roll Call: Ayes: Boardmembers Adams, Blakely, McCarville, Vice-Chairman Wilcox, and Chairman Bartlett Motion carried: 5-0 *B. MINUTES: The Minutes of the Regular Meeting of April 2, 1996, of the Monrovia Redevelopment Agency were approved by order of the Consent Calendar. MRA-1 Acquisition of Business and Goodwill; Chareeâs Liquor Store, 617 S. Myrtle Avenue; Resolution No. 3-96 Assistant Executive Director Donald Hopper reviewed the Staff Report. Chareeâs Liquor Store, 617 S. Myrtle Avenue, has become a significant nuisance for the 600 block of South Myrtle Avenue. Faced with a dwindling business and the increasing reliance on cheaper alcoholic beverages, single cans and half-pint purchases, businesses like Chareeâs Liquor Store often generate various problems ranging from loitering and panhandling to theft and prostitution. The City has taken steps to abate these problems at Chareeâs after repeated requests by the Chamber of Commerce, local business owners and residents. Police officers have had to respond repeatedly to this location. Problems still exist around the store, including loitering, alcohol-related offenses and panhandling. Last September, the Redevelopment Agency learned that Chareeâs Liquor Store had been unsuccessfully listed for sale for over two years. The owner, Mrs. Werasoontron, wished to comply with City standards, but the liquor store remained in decline. Even if she were to find a buyer, it appeared likely that the problems would remain and become a burden for someone else. Staff contacted the attorney for Chareeâs Liquor Store to inquire about the listing. After a period of lengthy discussion, the attorney submitted an offer to sell the business and goodwill for the sum of $72,500.00. This price is consistent with market conditions for this use. The owner would retain and presumable sell off the liquor license, furniture, fixtures, equipment, and stock. Upon accepting the Agencyâs offer, Mrs. Werasoontron would vacate the premises no later than May 15, 1996. She would be solely responsible for dealing with the property owner with regard to the existing lease. Accepting the offer removes the nuisance once and for all rather than the City spending an equal or greater amount of money over the coming years to regulate and monitor the business. It was moved by Mr. Adams, seconded by Mrs. Wilcox, to approve Resolution No. 3-96 authorizing the Executive Director to accept Charee Werasoontronâs offer to purchase the business and goodwill at 617 South Myrtle Avenue, known as Chareeâs Liquor Store, for the price of $72,500.00, and to direct Staff to execute the purchase agreement and enter escrow. Roll Call: Ayes: Boardmembers Adams, Blakely, McCarville, Vice-Chairman Wilcox, and Chairman Bartlett Motion carried: 5-0 2. Acquisition of Property; Baktiarian Service Station, 148 E. Foothill Boulevard; Resolution No. 6-96 Redevelopment Manager Glenn Cox reviewed the Staff Report. Since the Agency Boardâs adoption of the Five-Year Strategy Plan last month, Staff has negotiated with the property owner of 148 East Foothill Boulevard, Mr. Tony Baktiarian, to purchase his property. The plan calls for the City to then purchase the old Wagner Refrigeration Shop next door, consolidate the two parcels and sell them to a housing developer for the construction of quality affordable housing. Both sites are zoned Residential-High Density making them existing non-conforming uses. In its current condition, the property is ãphysically and economically obsoleteä and meets AB1290âs criteria for blighted uses. Staff has negotiated a purchase agreement with Mr. Baktiarian based on the following business points: A total purchase price of $650,000.00; A lease buy-out payment of $30,000.00 for Mr. Baktiarianâs tenant, American Fuel West, Inc.; and The right of Mr. Baktiarianâs tenant to salvage equipment, material and/or fixtures. Mr. Baktiarian had been in the process of upgrading the property which would increase the cost to the Agency if this project were to wait. Staff commissioned reports from environmental consultants to investigate hazardous waste questions such as the presence of asbestos, gasoline and oil spills, and underground storage tank security. The results of the tests conclude that the site is free from any contamination or hazardous materials. The Baktiarian property will remain in the Agencyâs land bank until the Wagner property is acquired and a suitable housing development is selected for the site. The process will take approximately six months. After discussion, it was moved by Mrs. Wilcox, seconded by Mrs. McCarville, to approve Resolution No. 6-96, authorizing the purchase of 148 East Foothill Boulevard, and direct the Executive Director to execute the necessary documents to enter escrow. Roll Call: Ayes: Boardmembers Adams, Blakely, McCarville, Vice-Chairman Wilcox, and Chairman Bartlett Motion carried: 5-0 ADJOURN MONROVIA REDEVELOPMENT AGENCY MEETING: The Monrovia Redevelopment Agency Board Meeting was adjourned at 8:12 P.M. and the City Council Meeting continued. E. BIDS: None F. COMMUNICATIONS AND PETITIONS *1. Receive and File; ABC Application, Original Type 41 Beer and Wine License, Restaurant Devon, 109 E. Lemon Avenue This matter was approved by order of the Consent Calendar. The Alcoholic Beverage Commission sent notice of an application for an original Type 41 license for beer and wine sale for a new restaurant called Restaurant Devon at 109 E. Lemon Avenue. On the basis of a background check of the applicants, the Police Department found no reason to deny the application. *2. Receive and File; ABC Application, Person-to-Person Transfer, Type 48 General Liquor License, Old Towne Inn Sports Lounge, 115-117 E. Olive Avenue This matter was approved by order of the Consent Calendar. The Alcoholic Beverage Commission sent notice of an application for a person-to-person transfer of a Type 48 liquor license for The Old Towne Inn Sports Lounge at 115-117 E. Olive Avenue. The Police Department conducted a background check on the applicants and finds no reason to deny the transfer application. G. REPORTS OF CITY COUNCILMEMBERS AND SUB-COMMITTEES 1. Mayor Bartlett (a) National League of Cities: Mayor Bartlett announced that Councilmember Blakely had been named as Chair of the Legislation Committee of the League, a non-partisan, most responsible position and probably the most powerful of all of the Committees Chairs. Ms. Blakely explained the roles and duties of each of the six Policy Committees. (b) Foothill Transit: Mayor Bartlett reported that he attended the ceremonies for the new Foothill Transit facility. He stated it was built for $9.67 million with federal funds. There was a savings of $80 million which will be used for new services for the twenty cities that had banded together to form Foothill Transit. He congratulated Foothill Transit and suggested to Staff that the program would be an excellent candidate for the Helen Putnam Award in addition to show as a National Model to apply for federal grants. (c) Southern California Association of Governments (SCAG): He reported he had attended the General Assembly meeting of SCAG in Riverside. He stated that a resolution was passed by SCAG limiting the number of residential care facilities to no more than one within a distance of 1000â from each other and that all such facilities must meet the zoning laws of the city. He also reported that SCAG would hold a Legislative Summit of the Congressional Delegation of Southern California following the conclusion of both partiesâ Conventions to provide the Delegation with a Legislative Agenda of three items SCAG wants to see happen on behalf of this region. Tentative date for the Summit is August 19, 1996. (d) Pastor Helen McCall: He reported that this was the last City Council Meeting that Pastor McCall would attend to provide the Invocation as she was retiring in July. He thanked Pastor McCall for her many years of service to the Monrovia community. 2. Mayor Pro Tem Wilcox: (a) Community Thanked: Mrs. Wilcox thanked the community for all its care and concerns for her during her recent surgery and recuperation period. She thanked all for the many flowers and cards. She stated that members of the community even brought her dinner for nine days after she returned home from the hospital. She stated she was back to work now. (b) Community Services Commission Vacancy: She announced that there was a vacancy on the Commission and urged Monrovians to fill out an application. She explained the function of a Community Services Commissioner. (c) 1996 Excellence Award: She announced that the Community Activist Program (CAP) had won another award of national distinction. Mr. Gould reported that it was the Employees Round Table Award which was won by Monrovia hands down from over 300 applicants. Representatives of the program have been invited to the White House for presentations. (d) All-City Community Fair: She reminded all of the All-City Community Fair, chaired by Linda Proctor, on Saturday, April 20, 1996, 7:00 A.M. to 5:00 P.M., Recreation Park. 3. Councilmember Adams: (a) Citizens Police Academy: He reported that he had attended the graduation exercises for those citizens graduating from Class Four of the Academy. He stated that three volunteers, Nicole Nicely, Elaine Drew, and Amy Emett, were recognized by the Police Department for all their work in assisting the Department in providing the sessions. Mr. Adams suggested that those volunteers be recognized at a City Council Meeting. (b) Golf Tournament: He stated that Dr. Alberta Amend did an outstanding job in organizing the recent Golf Tournament benefiting the Boys & Girls Club and requested that a letter be sent to her. (c) Big M Booster Club Banquet: He announced he had received an invitation to the annual banquet of the Big M Boosters to be held June 8, 1996. (d) Santa Anita YMCA Annual Celebration: He announced that the YMCA would be honoring Joe Ragsdale, long-time advocate of youth, at its ãIn Honor of Youthä dinner on May 10, 1996. Invitations would be forthcoming. 4. Councilmember Blakely: (a) League of California Cities: She reported that the League would hold its Board meeting this weekend in El Centro. The League will take a formal position on the Santa Clara vs. Guardino decision. (b) San Gabriel Valley Council of Government (COG): COG met at the Wrigley Mansion in Pasadena Friday, April 12, 1996. In COGâs view, transportation is of the utmost importance. She had car trouble in Los Angeles and missed the meeting but Mayor Bartlett was in attendance. 5. Councilmember McCarville: (a) Earthquake Disaster Drill: She attended the drill at the Emergency Operations Center on April 10, 1996 at the Police Community Room. She stated that City employees working with the other agencies in this mock disaster did an outstanding job. (b) April Senior Luncheons: She attended all three Senior Luncheons this month. (c) Police Citizen Academy: She attended the graduation ceremonies for Class Four of the Citizens Academy and addressed the graduating class. (d) Meals-On-Wheels: She has been working with this program at the Volunteer Center and asked that any interested persons wishing to volunteer in the program call the Volunteer Center. (e) All-City Community Fair: She urged all to attend the Fair on Saturday, April 20, 1996, Recreation Park, 7:00 A.M. to 5:00 P.M. I. ADMINISTRATIVE REPORTS 1. Pulled 2. Legislative Bulletin Management Analysis Scott Ochoa reviewed the Staff Report. Periodically, Staff prepares a Legislative Bulletin tracking bills that may affect the City of Monrovia and/or other cities in California. Staff makes recommendations for formal Council positions, which, if approved, become the basis for letters in support of or opposition to the bills described in the Legislative Bulletin. Staff recommended support of SB1998, AB3365, AB2974, and SB1977, and opposition of SB2113, SB1896, SB1626, AB2841, and SB1602. It was moved by Ms. Blakely, seconded by Mr. Adams, to approve the Legislative Bulletin and send appropriate letters of response. Mayor Bartlett noted that he had testified before the State Budget Committee during the week of April 8, 1996. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 3. Continued to May 21, 1996 City Council Meeting; Retention of Existing Housing Element Reflecting Current Housing Goals and Objectives Assistant City Manager Donald Hopper reviewed the Staff Report. The State requires that the Housing Element of the General Plan be updated on a five-year schedule. The next Housing Element update is set for June, 1996. Staff proposed that the City not update the Housing Element at this time, and determine that the Cityâs Element is still valid based on the fact that the Cityâs document is just over three years old. In addition, the State has not earmarked the necessary funds to allow the Southern California Association of Governments (SCAG) the ability to update the Regional Housing Needs Assessment. Therefore, the Housing Element represents an unfunded mandate and may not be required to be updated. Staff believed there were too many unanswered questions for the City to proceed at this time with a $15,000.00 update of the Housing Element. Mr. Hopper reported that he had called the State Department prior to this City Council Meeting and found that in all probability the date would be extended another two years. Legislation was moving very fast towards granting such extension. Based on this late-breaking news, Staff recommended that the matter be continued to the May 21, 1996 City Council Meeting. As there were no objections, the matter was continued to the May 21, 1996 City Council Meeting. 4. Renewal of Leases; Options--A Child Care and Human Services Agency, Leases Terminating June 30, 1997, Recreation Park, and February 28, 1997, Rotary Park Assistant Community Services Director April Soash reviewed the Staff Report. Since April 1989, Options has leased space in Recreation Park for a mobile classroom which houses its Head Start Program. Since 1988, Options has also leased space to accommodate a mobile facility for its child care program in Rotary Park. Both leases expired in 1994. Options wishes to renew the leases for five years at Recreation and Rotary Parks. However, Staff recommends a two-year renewal at each site with leases terminating June 30, 1997 in Recreation Park and February 28, 1997 in Rotary Park. The Community Services Commission recommended the renewal of these lease agreements. It was moved by Ms. Blakely, seconded by Mrs. Wilcox, to approve the renewal of the lease agreements with Options for Rotary Park to terminate on February 28, 1997 and Recreation Park to terminate on June 30, 1997. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 5. Receive and File; Response to Century Communications FCC Form 1240 Proposed Rate Increases Assistant Community Services Director April Soash reviewed the Staff Report. Under the new Federal Communications Commission (FCC) rules and regulations, cable operators are permitted to request rate increases once per year using a projection of inflation and external costs as the basis for their request. The City has the authority to regulate only the basic service offering. This is done by verifying the accuracy of the information (Form 1240) and receiving public input regarding any rate increase in the basic tier. All documentation is then filed with the FCC. On February 1, 1996, the City received Citizen Century Cable TV Ventureâs application for permitted rates for regulated cable service stating these rates would be effective May 1, 1996. The Basic Service increase is 13%. Staff, utilizing consulting assistance, identified certain information that was incomplete in the application. Further, Centuryâs application lacked an FCC waiver for including projected revenue. The City notified Century Communications by letter that its application was incomplete and that it needed to submit a copy of a waiver before determination of the rate structure could be completed. On April 1, 1996, the City received a copy of the waiver and an updated application form. The rate structure for Basic Service increased to $12.14 (13% increase), Expanded Basic to $13.01 (41% increase) and Full Service to $25.15 (26% increase). City Manager Gould reported that virtually all cable companies would be taking advantage of this one-time recouping opportunity afforded to them by the FCC. If the City does not accept the rate increase as of May 1, 1996, penalties and interest could be added by Century, further raising the rates over the current proposed rates. As Century legally has the right to raise rates at this time, Mr. Gould recommended that the Staff Report be received and filed. After discussion, it was moved by Mrs. Wilcox, seconded by Ms. Blakely, to receive and file the Staff Report. There were no objections. J. RESOLUTIONS AND ORDINANCES *1. State-Local Transportation Partnership Program Agreement; Master Agreement SLTPP-5069, Program Supplement No. 001; Resolution No. 96-14 This matter was approved by order of the Consent Calendar. In 1988, the State-Local Transportation Partnership Program (SLTPP) was created to provide State funds for local entities on highways and transportation improvements. An application was submitted from the City to the State of California, and in April 1995 Caltrans notified the City that the State appropriated funds in the amount of $8,591.00 as the Stateâs share of the Cityâs Cycle 6 Street Resurfacing Program. On March 30, 1996, Caltrans notified the City that the Stateâs share had been increased to $14,311.00, which will be available after the City executes the enclosed Master and Supplemental Agreements with the State. The Cityâs Cycle 6 Resurfacing Project, re-paving nine streets totaling 2.5 miles, was completed and accepted by the City Council on November 21, 1995. Staff recommended that the City Council adopt Resolution No. 96-14 and authorized the Mayor to execute the Master and Supplemental Agreements. *2. Support of Introduction and Adoption of Validating Act in Response to Santa Clara County Local Transportation Authority vs. Guardino; Resolution No. 96-16 This matter was approved by order of the Consent Calendar. Staff recommended the City Council approve a resolution supporting introduction and adoption of a Validating Act in response to the Santa Clara County Local Transportation Authority vs. Guardino decision. SB1590 (OâConnell) would validate Proposition 62, making the Guardino decision prospective only. It would designate December 14, 1995 as the effective date of the Supreme Courtâs decision and validate all taxes enacted or increased prior to DecemberÊ14, 1995. Although the City Council previously went on record in support of SB1590, the League of California Cities requested the resolution as a show of additional support for this legislation. *K. PAYROLL & VOUCHERS: Payroll No. 7 in the net amount of $288,922.90, and Voucher Numbers 53039 through 53287 nonsequentially in the amount of $403,516.81 was approved by order of the Consent Calendar. L. SCHEDULED MEETINGS The next Regular Meeting of the Monrovia City Council is scheduled for Tuesday, May 7, 1996, 7:30 P.M., Council Chambers, 415 South Ivy Avenue, Monrovia, California. M. CLOSED SESSION: At 8:50 P.M., Mayor Bartlett announced that the City Council would recess to a Closed Session to discuss Pending Litigation, NEWCO Waste Systems, Inc., Government Code (54956.9(a), and Pending Litigation, People vs. Robert Christensen, Government Code (54956.9(a). He also announced that the City Council would adjourn from Closed Session in memory of Philip Scott, long-time owner of Becherer Buick of Monrovia, and would not convene back in Council Chambers. N. ADJOURNMENT: Closed Session convened at 9:05 P.M. and adjourned at 10:05 P.M. All City Councilmembers were in attendance. APPROVED: _________________________________ Robert T. Bartlett, Mayor ATTEST: ____________________________ Linda B. Proctor, CMC, City Clerk MONROVIA CITY COUNCIL MEETING MINUTES OF APRIL 16, 1996