MINUTES OF THE REGULAR MEETING OF THE MONROVIA CITY COUNCIL HELD TUESDAY, JULY 2, 1996, 7:30 P.M. CONVENE: The Regular Meeting of the Monrovia City Council of Tuesday, July 2, 1996, was convened at 7:40 P.M. in the Council Chambers by Mayor Robert T. Bartlett. INVOCATION: The Invocation was led by Pastor Robert Spurgeon, First Christian Church. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Tom Adams. ROLL CALL: In attendance were Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox, and Mayor Bartlett. PROCLAMATIONS: None PRESENTATIONS 1. Introduction of Two Newly Hired Police Personnel; Manuel Ortiz, Part Time Dispatcher, and James Ciriacks, Police Officer: Captain Dennis Jacks introduced both newly hired members of the Police Department and presented a brief background of each. Mayor Bartlett welcomed each to the Monrovia "family". 2. Commendation to Stuart Ruth; Retiring Meals-on-Wheels Driver: Mayor Bartlett presented a Certification of Commendation to Mr. Ruth in recognition of his ten years of delivering for Meals-on-Wheels meals twice a week. STUDENT GOVERNMENT REPRESENTATIVE REPORT: None 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-3, *I-5, *I-6, *I-7, *I-8, *J-2 and *K. * Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 Mayor Bartlett noted that the Consent Calendar included approving a Public Hearing on July 16, 1996, regarding the property located at 258 N. Canyon Boulevard. B. MINUTES: The Minutes of the Regular Meeting of June 18, 1996, of the Monrovia City Council were approved by order of the Consent Calendar. C. ORAL COMMUNICATIONS: 1. Congratulations Extended to City Staff: Tom O'Connell, 303 1/2 S. Madison Avenue, extended his congratulations to Donald Hopper, Acting City Manager, and April Soash, newly appointed Director of Community Services, and Michele Tompkins, Assistant Director of Community Services. 2. Parking Concerns Expressed: Richard E. Thomas, 115 S. Madison Avenue, expressed concerns regarding his opinion of illegal parking of cars in front of his place of residence, citing fading curb paint as a possible problem. Mayor Bartlett referred the matter to the Traffic Safety Committee and invited Mr. Thomas to attend. D. PUBLIC MEETINGS/HEARINGS 1. Amendment of Title 17 (Zoning) of the Monrovia Municipal Code Pertaining to Regulation of Businesses Selling Alcoholic Beverages; Introduction and First Reading, Ordinance No. 96-04 Assistant Director of Community Development/Planning Division Manager reviewed the Staff Report. As the Vision 2000 plan comes to fruition, new uses in the downtown will include restaurants with outdoor dining and the sale of alcoholic beverages. The Vision 2000 Committee reviewed these issues and made specific recommendations to address their impacts. At their meeting of May 15, 1996, the Planning Commission unanimously approved code amendments strengthening the permitting regulations pertaining to businesses selling or serving alcoholic beverages. The amendments, as proposed under Ordinance No. 96-04, address the sale of alcoholic beverages by businesses. Critical elements of the ordinance, as proposed, include that any place, facility or business located within 500 feet of any residential zone, park, school, recreation facility, religious assembly, or hospital be required to obtain conditional use permit in order to sell, serve or give away alcohol for either on-site or off-site consumption. Also, the Police Department has worked in conjunction with the Planning Division to develop a series of conditions that will be acceptable for new businesses that apply to serving alcoholic beverages. Nineteen standards have been put into place as part of the permitting process. In order to address the issues of existing non-conforming businesses, the ordinance is recommending that the City only require existing businesses to apply for a conditional use permit if there is substantial change in the mode or character of operation. Each business where alcoholic beverages are sold or served will be reviewed annually by the Development Review Committee. If it is determined that the existing business may constitute a public nuisance or is in violation of conditions of an existing conditional use permit, the business owner may be required to respond to a request from the Development Review Committee. It is important to note that only those businesses where violations or nuisance conditions have been identified shall be requested to attend a DRC Meeting. All others who have remained in compliance shall receive a letter from the City stating that they are doing an outstanding job. The proposed ordinance has received considerable review by the Vision 2000 Committee, the Chamber of Commerce, the Monrovia Police Department, and the Planning Commission. The ordinance, as proposed, is comprehensive and addresses both existing businesses without a conditional use permit as well as new applications which will be required to obtain a permit. Staff and the Planning Commission recommend approval. Public Hearing Opened and Closed: Mayor Bartlett opened and closed the Public Hearing as there was no one who wished to speak for or against the matter. In response to Mrs. Wilcox's question, Mr. Kastenbaum stated that if an existing business is in violation, the Development Review Committee will so note. If the business owner does not comply with the provisions of a letter to him/her, Staff can request that the City Council designate the property as a Public Nuisance and take legal action. It was moved by Ms. Blakely. Seconded by Mrs. Wilcox, to find the proposed ordinance will not have a significant impact on the environment and adopt a Negative Declaration. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 It was moved by Ms. Blakely, seconded by Mr. Adams, to introduce and read by title only Ordinance No. 96-04. As there no objections, City Attorney Bagneris read as follows: AN ORDINANCE OF THE CITY OF MONROVIA, CALIFORNIA AMENDING TITLE 17 (ZONING) OF THE MONROVIA MUNICIPAL CODE PERTAINING TO THE REGULATION OF BUSINESSES SELLING ALCOHOLIC BEVERAGES. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 2. Amendment of Title 17 (Zoning) of the Monrovia Municipal Code Pertaining to the Regulation of Entertainment Facilities; Introduction and First Reading, Ordinance No. 96-09 Assistant Director of Community Development/Planning Division Manager reviewed the Staff Report. Under our present ordinance, all non-residential zones allow entertainment facilities with a conditional use permit. The exception to this would be the Business Enterprise Zone which allows them as a permitted use only. The ordinance presented as part of this report treats all zones, including the Business Enterprise Zone, the same depending upon the type of entertainment use that is requested. The definition of "Entertainment Facilities" in the Code includes establishments primarily engaged in the provision of cultural entertainment, athletic or other events for spectators as opposed to those engaged in the activity. Typical uses include movie and legitimate theaters. Nightclubs and restaurants with live entertainment and/or dancing would also be considered. Staff is recommending to expand this definition by providing for "Permanent Entertainment Facilities" and "Temporary Entertainment Uses." The reasoning for the two definitions is to allow varied review of the entertainment use, depending on the potential impact to the community. Ordinance No. 96-09 defines "Permanent Entertainment Facilities" as those establishments primarily engaged in the provision of cultural, entertainment, athletic and other events. Permanent Entertainment facilities in all non-residential zones will require a conditional use permit. The only change to the existing ordinance would be in the Business Enterprise Zone. In many cases this Zone is adjacent to residential development and therefore the conditional use permit process is being recommended. "Temporary Entertainment Uses" under the Ordinance are defined as nightclubs, restaurants and coffee houses with or without the sale of alcoholic beverages that operate live entertainment or dancing for not more than four times per year, with each event functioning for not more than two days at a time. Said uses shall be permitted subject to the Development Review Committee review and approval. However, any use classified as temporary and located within 100 feet of a residential zone will be required to obtain a conditional use permit. The ordinance, as proposed, clarifies the Business Enterprise Zone exception as it exists and standardizes businesses into either permanent or temporary entertainment uses. The approval process will allow for adequate review and the application of conditions by the City. Staff recommends that the modifications regarding entertainment facilities be approved. At their meeting of June 12, 1996, the changes were reviewed and approved by the Planning Commission. Public Hearing Opened and Closed: Mayor Bartlett opened and closed the Public Hearing as there was no one who wished to speak for or against the matter. In response to Mr. Adams query, Mr. Kastenbaum stated that the Monrovia Historical Museum would fall under existing situations as opposed to the proposed modifications and covered under non-conforming uses. It was moved by Adams, seconded by Mrs. McCarville, to find the proposed ordinance will not have a significant impact on the environment and adopt a Negative Declaration. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 It was moved by Ms. Blakely, seconded by Mrs. McCarville, to introduce and read by title only Ordinance No. 96-09. As there no objections, City Attorney Bagneris read as follows: AN ORDINANCE OF THE CITY OF MONROVIA, CALIFORNIA AMENDING TITLE 17 (ZONING) OF THE MONROVIA MUNICIPAL CODE PERTAINING TO THE REGULATION OF ENTERTAINMENT FACILITIES. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 3. Amendment of Title 17 (Zoning) of the Monrovia Municipal Code Pertaining to Pad Setbacks, Pad Building Bulk Angles and Retaining Wall Regulations to the Residential Foothill Zone, and Elimination of Obsolete Hillside Regulation from Residential Estate, Residential Low Density an Multiple Family Zones; Introduction and First Reading, Ordinance No. 96-06 Senior Planner Alice Griselle reviewed the Staff Report. At the Planning Commission Meeting of May 15, 1996, the Commission unanimously approved a code amendment that establishes hillside regulations for the Residential-Foothill Zone (R-F) and eliminated obsolete hillside regulations from other residential zones. The proposed ordinance is designed to address building setback regulations for residential properties located in the R-F Zone. This zone represents properties in the developed hillside areas as opposed to those currently being studied by the Hillside Advisory Committee (i.e., Madison Avenue, Norumbega and Cloverleaf). The proposed regulations not only modify those last changed in 1993, but clean up ordinances and regulations dating back to some of the City's earliest requirements. Currently, the City's regulations include setbacks based on lot width, front and rear yard setbacks, building bulk and slope. All these regulations (except for slope) measure setback from the property line. The proposed regulations take a different approach. Ordinance 96-06 develops regulations that are unique to the hillside. These new regulations establish setbacks based on the building pad edge and toe and top of slope. A summary of the proposed regulations is included in staff's report. The Code amendment, as proposed, improves the hillside regulations by doing the following: 1. In addition to property line setbacks, there will be provisions for pad setbacks. 2. Building bulk regulations will be applied more effectively. 3. Retaining walls will be specifically addressed. 4. Unworkable sections of the Code will be eliminated. 5. The hillside slope standard currently found in the single-family (flat-land areas) and multiple residential zones will be removed as it no longer applies. The proposed regulations are a combination of existing and new regulations. The existing regulations for front, side and rear setbacks from property line, as well as minimum floor area and lot coverage, will be retained. Staff included an overall visual impact analysis for those dwelling units which are proposed to occur in sensitive areas. Ordinance No. 96-06 presents a package of regulations that are designed to specifically address hillside lots. The Code amendments move away from simply applying flatland regulations to hillside properties. It has also been designed to be flexible to address the older, smaller existing hillside lots and the newer, larger Gold Hills-type homes. Staff recommended Council approval of the proposed ordinance modifying the Residential Foothill Zone setback angle and retaining wall regulations. Public Hearing Opened and Closed: Mayor Bartlett opened and closed the Public Hearing as there was no one who wished to speak for or against the matter. In response to Mr. Adams question, Ms. Griselle stated that in the absence of a flat top, the property line would be used. In response to Mrs. McCarville's question, Ms. Griselle stated that this ordinance will not affect existing Specific Hillside Plans. It was moved by Mrs. Wilcox, seconded by Mr. Adams, to find that the proposed ordinance will not have a significant effect on the environment and adopt a Negative Declaration. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 It was moved by Mrs. Wilcox, seconded by Mr. Adams, to introduce and read by title only Ordinance No. 96-06. As there no objections, City Attorney Bagneris read as follows: AN ORDINANCE OF THE CITY OF MONROVIA, CALIFORNIA AMENDING TITLE 17 (ZONING) OF THE MONROVIA MUNICIPAL CODE PERTAINING TO AMENDMENT OF DEVELOPMENT STANDARDS IN THE RESIDENTIAL FOOTHILL ZONE AND DELETION OF A HILLSIDE STANDARD IN THE RESIDENTIAL ESTATE, RESIDENTIAL LOW DENSITY ZONE, AND THE MULTIPLE FAMILY ZONES. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 CONVENE MONROVIA REDEVELOPMENT AGENCY MEETING: The Regular Meeting of July 2, 1996, of the Monrovia Redevelopment Agency Board of Directors was convened by Chairman Robert T. Bartlett at 8:23 P.M. without adjourning 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 Ms. Blakely, 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 June 18, 1996, of the Monrovia Redevelopment Agency were approved by order of the Consent Calendar. MRA-1. Second Mortgage Program; Resolution No. 8-96 Redevelopment Housing Manager Glenn Cox reviewed the Staff Report. Consistently, the primary reason given for the inability for low and moderate income families to qualify for the purchase of a home is that they simply cannot save enough money for the standard 10% down payment. Recently, the Redevelopment Agency has experience with down-payment assistance programs, primarily silent second mortgages. This has been utilized in both the Canyon Cottages and California Custom Homes developments. With the approval of the Redevelopment Agency's Five-Year Comprehensive Housing Strategy, the Agency Board directed staff to set aside $120,000 per year to be used for a second mortgage concept known as "Scattered Seconds." The idea behind this program was to provide a consistently funded, customer-friendly second mortgage program that would benefit numerous potential homeowners throughout the community. 1. Staff has reviewed a number of down payment assistance programs in neighboring cities. Based upon this review, they approached a mortgage financing company called American Capital Financial Corporation, an entity which specializes in second mortgage programs. The basic program points outlined with American Capital include: 2. A dedicated lump sum of housing money ($120,000 per year) would be set aside for second mortgages. Although the amount of each second mortgage could vary, the maximum amount of any one individual loan could not exceed $25,000. The borrower would pay no fees or points on the Agency's second mortgage. 3. American Capital will conduct a comprehensive marketing effort to solicit buyers, including community outreach, pre-qualification and guidance through the home purchasing process. 4. Home buyers must have a 5% down payment. 5. The term of the second mortgage shall be 15 years with no repayment due to the Agency unless the homeowner sells, refinances or is no longer the primary occupant of the home. If any of these situations occur, the full amount of the Agency loan becomes immediately due and payable. 6. The Agency would pay American Capital a nominal fee of .125% on the loan amount of the second mortgage. For illustrative purposes, a $20,000 mortgage would require a fee paid by the Agency totaling $25.00. American Capital handles all the loan processing paperwork, consultations and interactions with applicants and homeowners. The recommendations from neighboring communities are very high that American Capital has a successful and well-managed program in place. Use of this program provides two major benefits to the entire City. First by strategically targeting and offering second mortgages to at-risk neighborhoods, the Agency could assist in stabilizing and revitalizing areas without conducting a property acquisition process. Also, this program could spark housing construction throughout the City. Staff recommended entering a one-year agreement for services with American Capital Financial Corporation for the administration of the Agency's "Scattered Seconds" down payment assistance program. By entering into a one-year agreement, this allows the Agency to review the program and decide whether to continue it with this vendor or look at future options for Fiscal Year 1997-98. In response to Ms. Blakely's query, Mr. Cox stated that of the 5% home buyers must have as a down payment, 2% may be a gift-- not from the City-- but from other sources and most likely personal sources. Mr. Adams requested that Mr. McConnell periodically check fees and rates throughout the year for potential savings. Mayor Bartlett noted that Redevelopment dollars are dollars that have to by law provide for the people for housing. Twenty percent must be used. Mr. Cox introduced Mr. James Miller, American Capital Financial Corporation. Mr. Miller explained his firm's experience in the industry. It was moved by Mrs. Wilcox, seconded by Ms. Blakely, to approve the Monrovia Redevelopment Agency's "Scattered Seconds" Down Payment Assistance Program; and adopt Resolution No. 8-96, and instruct the Executive Director to execute the Agreement for Services with American Capital Financial Corporation. 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 8:34 P.M. and the City Council Meeting continued. E. BIDS 1. Library Park and Recreation Park Security Lighting Improvements Project; Award of Contract, Kahronic Contracting, Inc., $148,739.00 Parks Division Manager Daniel Iwata reviewed the Staff Report. On October 17, 1995, the City Council approved the Library and Recreation Parks Master Plan. Funding was made available for these improvements from the following sources: 1. The passage of Proposition A funds in 1992, 2. the sale of surplus property to the Trust for Public Land in 1995, and 3. the sale of the Wyland Way property in 1990. To simplify the project and to obtain better bid results, staff chose to bid the improvements in three phases. Phase I included the hardscape. Phase II included security lighting and Phase III includes the renovation of the Armory and baseball diamond restroom at Recreation Park. Sixteen new light poles with acorn style fixtures will be installed at Library Park and the nine existing lights will be changed to acorn style fixtures. The intent is to light the pathways throughout the park. At the Council meeting of June 18, 1996, the City Council approved an award of contract for Phase I. On May 30, 1996, the City opened advertised bids for Phase II. Seventeen companies received plans and specifications for the project. The City received seven sealed bids ranging in price from $148,739.00 to $264,000.00. The Engineer's estimate for the Project was $142,000.00. Based on a review of the bids as received, Kahronic Contracting, Inc. was the qualified low bidder in the amount of $148,739. Staff checked Kahronic's references and believe they are qualified to complete the work. They are currently performing projects at Hollywood High School and Roosevelt High School. Funding for this project will come from a combination of the Proposition A, Wyland Way and Trust for Public Land sale. No general fund dollars will be used to complete Phase II of the Library and Recreation Park Master Plan project. Staff recommended an award of contract to Kahronic Contracting, Inc. In response to Mrs. Wilcox 's question, Mr. Iwata stated that the interior light poles in Recreation Park belonged to the City. She asked that he look into new electric outlets in the Park to accommodate citywide functions such as the recent All-City Community Fair. Mrs. McCarville noted that the needs for electricity for that event was much greater than what was available. She stated that City generators need to be made available for such efforts. In response to Mr. Adams' inquiry regarding the possibility of splitting the project bid to save money, Mr. Iwata stated Staff had considered such but found that it was more cost effective to combine the work into one bid package. It was moved by Mrs. McCarville, seconded by Mr. Adams, to award a contract to Kahronic Contracting, Inc., in the amount of $148,739.00 for the Security Lighting Improvements at Library and Recreation Parks, and reject all other bids. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 2. Pulled 3. Thirty-eight Additional Portable Police Radios, Police Department; Award of Contract, Bridge Radio Communications; $38,164.06 Lieutenant Jim Ferris reviewed the Staff Report. For a number of years the Police Department has shared its radio equipment by making units available to all of the existing personnel. Currently, there are 76 employees who consistently use radios in the field. These radios are picked up at the beginning of a field employee's shift and are returned to the charging unit at the end of the shift. Based upon the current number of radios, several issues have surfaced that continue to create problems for the Police Department. These include: 1. Excessive wear on the number of portable radios. 2. Critical incident and special event restraints making it difficult to provide radios to all personnel in the field. 3. Officer accountability has been difficult due to the large number of employees handling the same unit. 4. Disproportionate wear occurs because hand held microphones are removed and replaced to suit individual preferences or assignments. A recent survey of twenty-one San Gabriel Valley Police Departments found that eight departments currently issue portable radios to individual officers. The Police Department believes that the acquisition of additional hand held units will provide benefits and resolve current procedural complications within the Department. By acquiring an individual unit for each field officer, several objectives can be achieved. Each assigned employee would ensure that his/her broken radio is promptly repaired or corrected; radio availability problems, particularly in areas of critical situations, would be eliminated; and lack of inventory would no longer occur in that each employee has the appropriate equipment. Lastly, this purchase encourages officers to take better care of their equipment because it is solely their responsibility and they must rely upon their hand-held unit for their own safety. A needs assessment was conducted to determine the appropriate level of equipment. Based upon a study by the Police Department, thirty-eight additional hand held units, plus related charging units and batteries, would be the proper level of new equipment needed to assign units to individual officers in the field. The Police Department solicited three vendors. Of the three proposals, Bridge Radio Communications was able to provide the best price while meeting all the other stated requirements. Staff has reviewed the references of Bridge Radio Communications and feels that they are capable of delivering a quality product for the best possible price. The total cost for the contract, including additional warranties over a two-year period, is $38,164.06. The Police Department proposes to pay for the new apparatus through two sources. The first is to use $7,200.00 available in the radio replacement fund as part of the acquisition cost for the new equipment. In doing so, current equipment scheduled for replacement (16 units) would be deferred from 1997-99 out to the years 2000-02. In addition, the Department is presently seeking a COPS Block Grant, which can be used for one-time expenditures of equipment. $30,964.00 of block grant funds would pay for the balance of the bid. In order to adequately set aside funds for the future replacement of these new thirty-eight units, the Department is recommending an increase to the radio maintenance charge of the Department's budget. This requires that the General Fund appropriations be increased $3,876.00, beginning in Fiscal Year 1996-97. The Police Department personnel are satisfied that Bridge Radio Communications is a competent bidder with significant experience in the radio field and would recommend approval. In response to Mayor Bartlett's question, Lieutenant Ferris stated that if no grant money is received, Chief Santoro will reagendize the matter and ask for use of Expenditure Control Budgeting monies. It was moved by Ms. Blakely, seconded by Mr. Adams, to award a contract to Bridge Radio Communications in the amount of $38,164.06 for the acquisition of thirty-eight hand held radios, including the two year Express Service Plan, reject all other bids, and director Staff to make the appropriate budget adjustments for Fiscal Year 1996-97 in order to adequately fund future replacement of the new equipment. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 F. COMMUNICATIONS AND PETITIONS *1. Denial of Liability Claim; Linda Reyes vs. City of Monrovia; Claim of Damages for $500,000.00 for Negligence This matter was approved by order of the Consent Calendar. Ms. Reyes claimed that on August 26, 1995, she slipped and fell while walking near the sidewalk at the immediate common area of the Huntington Oaks Shopping Center. She alleged that a foreign substance was applied by workers, some of which may have been City employees or their agents, thereby creating a hazardous condition. Staff verified that no City employees performed work in the above noted area on or prior to the alleged incident date. Additionally, the City was not involved, nor did it have any knowledge of any dangerous condition which may have existed in this area of the Huntington Oaks Shopping Center. Staff recommended that the City Council deny this claim. *2. Denial of Liability Claim; Daniel Loera vs. City of Monrovia; Claim of Damages for $500,000.00 for Negligence and Excessive Force This matter was approved by order of the Consent Agenda. Mr. Loera alleged that the City of Monrovia Police Officers exercised negligence and excessive force during an incident on November 24, 1995. He also claimed that as a result of the incident, he was falsely arrested and imprisoned. Monrovia Police Officers saw a truck parked in the opposite direction of traffic flow. A number of males were standing next to the truck and as the officers parked their vehicle and approached the truck, the driver backed it into a driveway. The officers then asked the individuals next to the truck to take their hands out of their pockets and step out to the sidewalk. Mr. Loera repeatedly refused to comply with this request and instead attempted to physically obstruct one of the officers. He was subsequently arrested for obstruction in the performance of the officer's duties. The Police Officers acted with the force necessary to contain Mr. Loera as he refused to follow their orders. Staff recommended that the City Council deny this claim. G. REPORTS OF CITY COUNCILMEMBERS AND SUB-COMMITTEES 1. Councilmember McCarville: (a) Senior Citizen Trip: She reported that she had participated in a senior citizens trip to Mesquite, Nevada, and St. George Utah for three days during the past week. She enjoyed the trip immensely, and particularly enjoyed the play against the backdrop of the hill in St. George. She recommended that all should go. 2. Councilmember Blakely: Ms. Blakely had no report at this time. 3. Councilmember Adams: Mr. Adams reported that Fire Chief Ernie Mitchell is the new President of the Rotary Club of Monrovia. Mr. Adams is now past President. 4. Mayor Pro Tem Wilcox: (a) Monrovia Cable Usage Corporation Election: She stated that the results of the recent election for the MCUC were as follows: Amit Sen, Frank Reyero, George Creed, Gerald Marugg, Esperanzo Fernando, Mary Ann Lutz, and Kent Fillmore. Dorothy Kelty continues with one more year of her term to be served. The July 11, 1996 meeting of the Corporation begins its new year. One more member will be selected at that time. (b) King Street Residents: She reported that two residents on King Street won Garden Club awards. She requested that the City beautify the area where oleanders were before the cul-de-sac was installed. Acting City Manager Donald Hopper referred the matter to Public Works Director Robert Bammes and Parks Division Manager Daniel Iwata. (c) Samson the Bear: She reported that Samson stays in his Orange County Zoo pool most of the time. His hair is turning blond, and he won't go into his interior area unless the fan is on. 5. Mayor Bartlett (a) AB1923: He reported that he was in Sacramento July 2, 1996, to hear AB1923 (Conroy). The bill will take dollars away from this are, namely SCAG who makes sure of conformity for transportation in the region. (b) Young Visitors from China: He reported that forty children from all over China will be visiting Trask Boy Scout Camp on July 12, 1996, and will perform at the Family Festival that evening. He stated that they were quite talented. H. REPORTS OF COMMISSIONS, BOARDS AND COMMITTEES: None I. ADMINISTRATIVE REPORTS 1. 1994-95 Water Main Replacement Program; Change Order Nos. 1-8, $17,377.33 Increase; Final Progress Payment, $11,975.00; Acceptance of Work; Notice of Completion; Robert Brkich Construction Company City Engineer Kenneth Putnam reviewed the Staff Report. On February 20, 1996, the City Council awarded the Water Main Replacement Project to the firm of Robert Brkich Construction Corporation in the amount of $140,100.00 based upon the specified quantities of work. The contractor completed the work on June 23, 1996. During the progress of the work, the contractor encountered various subsurface conditions, which were unknown to either the City or himself and which caused the contractor to expend additional time to complete the project as described per the bid specifications. This resulted in an increased expense of $17,475.33 to the City. All work, including the related Change Orders, has been completed to the satisfaction of the Public Works Department. The contract totaled an amount of $159,137.33. Staff recommended that the City Council approve Change Orders Nos. 1 through 8 in the amount of $17,457.33 and accept the contractor's work. In response to Mr. Adams' question, Mr. Putnam stated that the asphalt patches at Foothill Boulevard and Ivy Avenue were unrelated to this project and are being repaired. It was moved by Mr. Adams, seconded by Mrs. McCarville, to approve Change Orders Nos. 1 through 8 in the amount of $17,457.33; approve the Final Progress Payment in the amount of $11,975.00 to Robert Brkich Construction Corporation; accept the contractor's work and direct the City Clerk to file a Notice of Completion with the County of Los Angeles Recorder; and authorize the Public Works Director to approve payment of the Retention 35 days after acceptance of the work by the City Council. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 2 Review and Consideration of Legislative Bulletin Including Resolution No. 96-39 Supporting AB2049 Relating to Appropriation of Funds from State Toll Bridge Account for Retrofitting of State-Owned Toll Bridges Senior Management Analyst Scott Ochoa reviewed the Staff Report. At the Council Meeting of June 18, 1996, Mayor Bartlett requested City staff to review Assembly Bill 2049, known as the Toll Bridge Retrofit State Transportation Program (STIP). As background, seven of the State's nine toll bridges require a structure retrofit. Caltrans estimates the cost to be almost $2 billion. However Proposition 192, passed by the voters in California, provided only $650 million in bond financing for the work. One of the options for funding the difference is reducing resources from the STIP. At the request of the City Council, Staff prepared a resolution in favor of this action. In addition, a number of other bills which either positively or adversely impact local government, in particular Monrovia, have also been included in the staff report. Mr. Ochoa reviewed each of the bills, noting that AB3842 and AB2868 died in Committee. Mayor Bartlett stated that AB900 (Acosta), perhaps issues $1 billion for repair and restoration of the Delta area and insures water to the southland. He stated he was not sure that he supported or opposed the bill, and he requested that Staff come back to the City Council with a recommendation in the near future. Staff recommended Council approval of letters to be sent to local Assemblymembers and Senators advocating positions on the Bills as proposed. It was moved by Ms. Blakely, seconded by Mrs. Wilcox to approve the Legislative Bulletin and Resolution No. 96-39, supporting an amendment to the State Assembly's proposed Fiscal Year 1996-97 budget, appropriating funds from the State Toll Bridge Account for the retrofitting of State-owned toll bridges. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 *3. Update; 258 N. Canyon Boulevard; Set for Public Hearing on July 16, 1996, Notice to Abate Public Nuisance This matter was approved by order of the Consent Calendar. The City Council conducted a public hearing on June 20, 1995 to determine the correct course of action to take regarding the health and safety hazard created at 258 N. Canyon Boulevard. The Council adopted a schedule and directed the property owner and her legal representatives to abate the nuisance. The property owner failed to abate the nuisance timely. In light of this condition, the City began the process of abatement by removing in excess of 10 roll-off dumpsters full of garbage to clean up the property in order to provide a proper and thorough inspection. City inspectors' closer examination has found the structure to be in an advanced state of disrepair. The City's building official observed a number of structural deficiencies within the dwelling. Based upon numerous conditions staff determined that the structure was beyond 75% damaged and deteriorated. Two private engineers also substantiate the Building Official's conclusion. In January of 1996, the Los Angeles County Public Guardian's Office received temporary approval to act as conservators for the property owner, Ms. Jones, and her property. The permanent appointment of the conservator was postponed. Staff have continued to monitor the property while it has gone through the conservatorship hearing process. Finally, on March 29, 1996, the Los Angeles County Public Guardian's Office was awarded permanent conservatorship over Ms. Jones and her property. The conservators have the authority to make decisions regarding the property and are in a position to present a repair or demolition plan. On April 19, 1996, the Santa Anita Municipal Court issued an Abatement Warrant permitting contractors to secure the property, which was boarded up on April 30, 1996. A meeting of April 29, 1996 between Public Guardian staff and City personnel concluded that the property had deteriorated further since the first of the year and it should be demolished. However, prior to demolition, an inventory of the contents and clean up must be completed by the conservator. Beginning the week of June 17, 1996, the Public Guardian's Office began the inventory process. Two roll-off dumpsters full of decayed clothing, trash and other items were removed. Ms. Brown, through the Guardian's Office, anticipated finishing the interior clean up as of June 21, 1996. The exterior clean up will commence shortly. Once this is completed, the property will be sold at public auction, anticipated for August 1996. Staff have advised the Public Guardian's office that a Notice of Substandard Conditions is being recorded with the Los Angeles County Registrar-Recorder's Office and prior to the property being sold, a hearing has been scheduled for July 16, 1996 (next City Council meeting) to give the Council an opportunity to consider: 1. Declaring the structure a public nuisance and ordering abatement by demolition; 2. Confirming the report of nuisance abatement costs; and 3. Authorizing the lien to be recorded with the Los Angeles County Registrar Recorder. The City Council will have an opportunity to review this situation further at the July 16, 1996 Public Hearing. Staff recommended setting the Public Hearing for July 16, 1996 4. Conditional Support of California Regional Water Quality Control Board Order for the National Pollutant Discharge Elimination System (NPDES) No. CA5614001 Relating to Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharge Within County of Los Angeles, Resolution No. 96-40 Public Works Director Robert Bammes reviewed the Staff Report. The Federal Clean Water Act requires cities to obtain National Pollutant Discharge Elimination System (NPDES) Permits for discharges of stormwater into municipal stormwater systems. In addition, the NPDES Permit requires controls to reduce the discharge of pollutants to the maximum extent practical. In June 1990, the Los Angeles Regional Water Quality Control Board (RWQCB) issued the first five-year permit which expired on June 18, 1995. Since that time, the current permit has remained in effect until a new permit could be adopted. The RWQCB issued a second full draft of the new permit documents, which were received by staff on May 29, 1996. The tentative permit, as submitted, is sixty-one pages in length and has an additional 38 pages of attachments. Over the past several months, staff have worked with the City Attorney's office, who are an active participant in the permitting process. The City Attorney provided information on some of the key provisions of the proposed permit. The past practice of the City Council is a strong commitment to implementing programs and practices to the maximum extent possible in full compliance with the Clean Water Act and NPDES Permit. Also, the City of Monrovia is committed to cooperate with the RWGCB to develop a workable and effective process which will comply with these unfunded mandates. However, the tentative permit, as proposed, raises several concerns, which are addressed in the staff report. First, the Permit requires that the discharge of stormwater not cause or contribute to a number of environmental conditions in the "Downstream" receiving waters. Implementation of nine elements, as proposed, are requirements that the City may not be able to meet. The permit also requires the implementation of programs and sets a time schedule that is not tied to a fiscal year budget cycle. These programs are yet to be defined and therefore the scope of work and cost estimates are very difficult to determine. Lastly, a group of temporary permit requirements including site visits, catch basin maintenance, dry weather flow diversion, and legal authority provide further complexity to the permitting process. Staff prepared Resolution No. 96-40 which sets forth some of the concerns that the RWQCB needs to consider. These issues are not intended to be all inclusive. Instead, the resolution acknowledges that the City still has some remaining concerns including operational and fiscal issues. A number of cities throughout the San Gabriel Valley are adopting similar resolutions. Mr. Bammes read his letter regarding the NPDES Permit requirements which expressed the City's concerns. He stated that there were nine conditions/requirements in the Permit, and that the requirements were very stringent. Mayor Bartlett noted that that the time schedule was not tied to fiscal cycles, making it impossible to budget properly. He further stated that this was another unfunded mandate, smacking of Big Brother dealing in things that perhaps we cannot control to please the powers that be. He stated that every effort should be made to make the bay clean but that there could be some kind of program to have everyone help should the costs. He believed that conditionally supporting the Permit was the best the City could do, and that language in the City's ordinances covers the situation. He stated that the City must proceed carefully so as to not cause a lawsuit. Mr. Adams noted that in 1990, the proposed Permit was eleven pages and now it was sixty-one, which he believed was a tremendous waste of public funds. He questioned approving the Permit without knowing where it would go. Mrs. Wilcox commented that while the concept was much needed, the solution did not seem reasonable. Ms. Blakely stated that the Council had no choice but to give conditional support. Mr. Bammes stated that the City certainly wants to support the Clean Water Act and Water Control. City Attorney Bagneris stated that the City was, in its letter, making specific suggestions to make the process easier. Staff recommended approval of Resolution No. 96-40 conditionally supporting the temporary permitting process. It was moved by Ms. Blakely, seconded by Mrs. Wilcox, to approve Resolution No. 96-40, conditionally supporting the California Regional Water Quality Board Order for the National Pollutant Discharge Elimination System No. CAS614001. Mr. Adams stated that it was time for someone to tell large government agencies "no". Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Noes: Councilmember Adams Motion carried: 4-1 *5. Set for Public Hearing on July 16, 1996; Resolution of Intent to Sell Real Property, Resolution No. 96-38; Downtown Theater Project; Parking Lot District No. 1; Parking Lot No. 3 This matter was approved by order of the Consent Calendar. The City and Agency are currently in negotiations with Krikorian Premier Theaters to construct and operate a multi-screen theater complex in Old Town Monrovia. Staff has been working for over a year to find the optimal location for the theater, which meets a variety of operational, parking, economic and quality objectives. The City has identified a City-owned parcel, currently known as Parking Lot No. 3, for the proposed theater development. This parcel, located between Lemon and Lime Avenues and just east of Myrtle Avenue, is one parcel of Parking District No. 1, which was acquired and assembled as part of the District's financing with 20-year bonds in 1958. As part of the theater project, provisions are in place to expand parking opportunities in the areas of Lime Avenue, Lemon Avenue and Colorado Boulevard. A Disposition and Development Agreement between the City, Agency and Krikorian Theaters necessitates the purchase of the City's parking lot by either the Redevelopment Agency or the Monrovia Financing Authority. The Council must give concerned persons a public hearing to voice any objections to the sale of the property. Resolution No. 96-38 sets the time and place for this public hearing. Staff recommended setting July 16, 1996 at 7:30 p.m. for the public hearing to consider the sale of the property to the Redevelopment Agency or Monrovia Financing Authority. *6. 1994-95 Single Audit Report; Receive and File This matter was approved by order of the Consent Calendar. City of Monrovia receives grant money from the Federal Government under the Community Development Block Grant Program (CDBG). As a recipient of these funds, through the Los Angeles County Development Commission, the City is required to have the use of these funds audited on an annual basis. Services and programs provided through these funds include housing rehabilitation, code enforcement, sidewalk repair, neighborhood recreation, and DARE programming. Federal funds not only require independent verification, but they are also subject to numerous financial transactions and internal control tests. A series of compliance tests are also performed. The 1994-95 Single Audit contains several reports intended to provide conclusions of the City's accounting and internal control systems. Also, a list of immaterial findings are presented as a means of identifying to the regulatory agencies unusual or one-time discrepancies that may require the City's attention. Results of the 1994-95 Single Audit stated the City is in compliance with all major internal control compliance issues required and identified in the Audit report. A Schedule of Findings and Questioned Costs have been highlighted and recommendations have been made to strengthen procedures in these areas. Staff recommended the City Council receive and file the 1994-95 Single Audit of Federally Assisted Grant Programs for the fiscal year ended June 30, 1995. *7. Joint Exercise of Powers Agreement (JPA), Amendments Four and Five; County of Los Angeles; Foothill Transit Zone This matter was approved by order of the Consent Calendar. Foothill Transit requested City Council adoption of amendments of the Foothill Transit Zone Joint Exercise of Powers Agreement. The amendments, as proposed, will bring the agreement into uniformity with the actions taken at the General Membership Meeting of the Foothill Transit Zone on May 1, 1996. The amendment is really focused on two critical areas. First, the changes increase flexibility in the Zone's designation of Board Secretary, Treasurer, and Auditor/Controller and clarification of the Boardmember definitions. Secondly, the amendment allows the City of La Puente to become a member of the Foothill Transit Zone. Staff recommended that the City Council approve Amendments Nos. 4 and 5 to the Foothill Transit Zone Joint Exercise of Powers Agreement. *8. Subordination Agreement Regarding 138-140 E. Cypress Avenue This matter was approved by order of the Consent Calendar. In 1991, as a result of a drug action abatement, the City recorded a judgment as a lien against the property located at 138-140 E. Cypress Avenue. The owner, Annie L. Webber, is considering a refinancing of the property. Recently, the City was asked by the owner's lender to consider removal of the lien or approval of a subordination agreement to enable her to obtain a loan on the property. A number of conditions were developed as part of the original judgment against the property owner. To satisfy the title company for a new loan, the property owner's lender has asked the City to execute a subordination agreement that provides that the City's interests be subordinated to the lender's interests. Approval of the subordination agreement would still allow the City to retain their right to exercise its authority granted under the judgment until this property is sold to a bona fide third party unrelated to the defendants (which is consistent with provisions in the judgment). Staff recommended that the City Council approve the subordination agreement and authorize the Mayor to execute the agreements. J. RESOLUTIONS AND ORDINANCES 1. Amendment of Title 15 (Building and Construction) of the Monrovia Municipal Code Renaming the Hazardous Fire Area; Introduction and First Reading, Ordinance No. 96-10 After the destructive Oakland Hills fire, the California Legislature passed new laws setting minimum fire protection standards for urban wildland interface areas. Included in the legislation was terminology and other minimum requirements that all governmental subdivisions of the State must adopt. The current legislation is very specific and requires the adoption of an ordinance to name our urban wildland interface area as a "Very High Fire Hazard Severity Zone." Frequently, questions arise regarding the use of our designated zone and how that impacts insurance rates. To date, insurance companies have used their own defined insurance zones to set rates. Our zone is used to define boundaries for specialized fire code regulations. Staff had numerous discussions with the Department of Forestry and Los Angeles County Fire Department and have found that we are presently in compliance with all aspects of the law, with the exception of the name change so noted above. Staff recommended adoption of Ordinance No. 96-10 It was moved by Ms. Blakely, seconded by Mrs. McCarville, to read by title only Ordinance No. 96-10. 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 15 (BUILDING AND CONSTRUCTION) OF THE MONROVIA MUNICIPAL CODE RENAMING THE HAZARDOUS FIRE AREA. It was moved by Ms. Blakely, seconded by Mrs. McCarville, to adopt the 1996 Very High Fire Hazard Severity Zone (Fire Zone 4) Map. Roll Call: Ayes: Councilmembers Adams, Blakely, McCarville, Mayor Pro Tem Wilcox and Mayor Bartlett Motion carried: 5-0 *2. Authorization of Resolution Urging the Commission on State Mandates to Approve Test Claim CSM 4500; Request of Reimbursement of Costs Associated with City of Monrovia's Compliance with Sections 2552 and 2601(e) of the California Elections Code; Resolution No. 96-36 This matter was approved by order of the Consent Calendar. In 1993, The California State Legislature moved the 1996 California Presidential Primary Election from June 4, 1996 to March 26, 1996. It also provided cities an opportunity to change their elections if adversely affected by the change of the Primary. The new laws were written as such that if a City enacted an ordinance to move the date of its General Municipal Election, it must then notify, by mail, all registered voters. After some debate, the City Council unanimously adopted Ordinance No. 94-14 on October 14, 1994, changing Monrovia's local Municipal election from the second Tuesday in April of even-numbered years, to the first Tuesday after the first Monday in March of odd-numbered years. Costs incurred for notifying all registered voters of this change totaled $3,086.20. On February 1996, the City of Atascadero took up the cause to recover costs incurred relating to the notification of voters. The city filed a test claim and is seeking reimbursement from the State on a basis which provides that the State will reimburse each local agency for all costs mandated by the State. The City Clerk of Atascadero is now requesting all cities who were affected by this mandate to support test claim CSM 4500 by urging the Commission on State Mandates, via resolution, to approve the test claim based on the following reasons: 1. California Elections Code contains a mandate that left the City with no option but to incur increased costs, and 2. The City Council acted in a reasonable and prudent fashion by choosing the least costly alternative that supports the intent of AB2196. The City of Monrovia could realize a reimbursement of up to $3,06.20 should the test claim he held up. The monies would be deposited into the General Fund. Staff recommended adoption of Resolution No. 96-36 urging the Commission of State Mandates to approve Test Claim CSM 4500 sponsored by the City of Atascadero and requesting reimbursement of costs associated with the City's compliance with the California Election Code. *K. PAYROLL & VOUCHERS: Payroll No. 13 in the net amount of $343,499.23; and Voucher Numbers 54464 through 54741 non-sequentially in the amount of $481,073.65 was approved by order of the Consent Calendar. L. SCHEDULED MEETINGS A Closed Session of the Monrovia City Council to discuss Labor Negotiations, Government Code '54957.6, Management, Mid-Management, Elected and Appointed, City Negotiator Donald R. Hopper; and City Manager Compensation, Government Code '54957.6, City Negotiator Mayor Robert T. Bartlett, is scheduled for Tuesday, July 9, 1996, 7:00 p.m., City Council Conference Room, 415 S. Ivy Avenue, Monrovia, California. A Study Session of the Monrovia City Council and the Library Board to review the Library Modernization Project is scheduled for Tuesday, July 16, 1996, 6:00 p.m. Council Chambers, 415 S. Ivy Avenue, Monrovia, California. The next Regular Meeting of the Monrovia City Council is scheduled for Tuesday, July 16, 1996, 7:30 p.m., Council Chambers, 415 South Ivy Avenue, Monrovia, California. CONVENE MONROVIA FINANCING AUTHORITY MEETING: The Regular Meeting of July 2, 1996, of the Monrovia Financing Authority was convened by President Robert T. Bartlett at 9:28 P.M. without adjourning the City Council Meeting ROLL CALL: Authority Commissioners Adams, Blakely, McCarville, Vice-President Wilcox, and President Bartlett A. CONSENT CALENDAR: It was moved by Mrs. McCarville, seconded by Ms. Blakely, to approve the Consent Calendar consisting of Agenda Item No. *B. Roll Call: Ayes: Authority Commissioners Adams, Blakely, McCarville, Vice-President Wilcox, and President Bartlett Motion carried: 5-0 *B. MINUTES: Minutes of the Regular Meeting of June 18, 1996. MFA ADJOURNMENT: The Monrovia Financing Authority Meeting was adjourned at 9:28 P.M. and the City Council Meeting continued. M. CLOSED SESSION: At 9:30 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). He also announced that the City Council would adjourn from Closed Session in memory of Pat Boye (friend of the Downtown Merchants who has no family) and would not convene back in Council Chambers. N. ADJOURNMENT: Closed Session convened at 9:45 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 JULY 2, 1996