HomeMy WebLinkAboutMay 6,200850:0050
CITY COUNCIUREDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, MAY 6, 2008
CALL TO ORDER
Mayor Harbicht called the Special Meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
None
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel
regarding anticipated litigation: Two (2) cases
b. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Susannah and Patrick Howard v. City of Arcadia, et al. (Los
Angeles Superior Court Case No. GC037061).
c. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Peck Entertainment, et al. v. City of Arcadia (United States
District Court Case No. CV06-4631 PJWx).
d. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Taboo Gentlemen's Club, et al. v. City of Arcadia
(California Superior Court 2"d Appellate District Court Case No. B203060).
e. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Ken Harper v. City of Arcadia, et al. (United States District
Court Case No. CV08-02286 MANx).
f Pursuant to Government Code Section 54956.9(a) to confer with legal counsel
regarding the case of Mueller v. City of Arcadia, et al. (Los Angeles Superior
Court Case No. BC389475).
r ~,
05-06-2008
1
50:0051
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht convened the Regular Meeting at 7:15 p.m. in the Council Chamber.
INVOCATION
Reverend Melissa MacKinon, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE
Jason Kruckeberg, Development Services Director
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council met in a closed session meeting to
consider the items listed on the posted notice of special meeting agenda. Mr. Deitsch
announced that the City Council considered Items a, one case -anticipated litigation, involving
the location of a telecommunication facility and Item b involving the case of Howard v. City of
Arcadia. He announced that no reportable action was taken, secondly he reported that the
Mayor declared he had a conflict of interest because he owned certain real property located
within 500 feet of the telecommunication facility site therefore, the Mayor did not participate in
Item a.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council/Agency Member Amundson, seconded by Council/Agency
Member Chandler and carried on roll call vote to read all ordinances and resolutions 6y title only
and waive the reading in full.
PRESENTATIONS
a. Presentation of Proclamation in honor of "Arcadia Day of the Teacher"
(REMOVED FROM THE AGENDA)
1. PUBLIC HEARING
a. c;urv~iucK au~ NKVttSTS AND CLOSE THE BALLOT PROCEEDINGS AT ,
THE CONCLUSION OF THE PUBLIC HEARING FOR THE SANTA ANITA
OAKS STREET LIGHTING ASSESSMENT DISTRICT.
05-06-2008
2
50:0052
Recommended Action: Conduct Public Hearing and Provide Direction under City
' Manager reports based on the ballot results.
Maria Aquino, Public Works Services Department Management Analyst provided a brief
overview of the proposed Santa Anita Oaks Street Lighting Assessment District; she explained
that the Santa Anita Oaks Home Owners Association requested the City upgrade the street
lights in their area to a more decorative pole and install an additional 13 street lights to enhance
lighting. She further explained the public hearing process and the options once the results of
the ballots are disclosed under the City Manager portion of the agenda.
The public hearing was opened and there were no members of the public appearing to provide
testimony.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Wuo, and seeing no further objection, the Mayor closed the public hearing.
The Mayor announced that staff will come back with the results and direction will be provided
under-the City Manager portion of the agenda.
PUBLIC COMMENTS
Mary Aschenbrener appeared and spoke on behalf of her 90 year old mother requesting
Arcadia Transit service the Michillinda Park in the County unincorporated area as in the past.
The City Council asked staff to look into this matter and report back to the City Council.
Joan Yacovone (sister of Mary Aschenbrener) appeared and spoke on behalf of her mother and
the issue of Arcadia Transit not servicing the Michillinda Park area; she also presented a letter
that she sent to the City regarding this issue and has not received a response from the City.
Marc Haney appeared and spoke requesting City assistance regarding an issue he is
experiencing on his private property with Southern California Edison Company.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Kovacic commented on Mr. Haney's remarks regarding Southern California
Edison Company; he announced that there were several hundred bike riders at the community
bike ride on May 3rd; and he thanked the Police and Recreation Departments for their
professional help in making the event successful.
Council Member Amundson thanked fire personnel for their part in the Sierra Madre fires; he
discussed low interest home loans for public employees and would like staff to look into what
types of low interest home loans Fannie Mae offers. Mr. Penman noted that he would look into
the different types of income limits and low interest home loan are being offered are report back.
Mr. Amundson noted that the monthly police statistic report shows a decrease in assaults,
burglaries, thefts, and auto thefts; he also noted the clean up behind the Santa Fe Dam; and
commented on the tour he recently took of Methodist Hospital and thanked the hospital staff.
Council Member Chandler had nothing to report.
Council Member Wuo thanked Council Member Amundson for his comments about the Hospital
since he currently sits on the board; he reported on the signal at Santa Anita and Wistaria; he
05-06-2008
5D:0053
announced Law Day on May 10 at the Library which is sponsored by the City and the Arcadia
Chinese Association; and he also announced the Police Department open house and safety fair '
on May 31 and encouraged everyone to attend.
Mayor Harbicht announced that reusable shopping bags were purchased with a grant from the
Department of Conservation and encouraged residents to pick one up at City locations.
Mayor Harbicht announced appointments of City Council liaisons to the various City
commissions and local agencies for fiscal year 2008-2009 as follows:
Arcadia Beautiful Commission Chandler
Historical Museum Commission Amundson
Human Resources Commission Chandler
Library Board of Trustees Kovacic
Planning Commission Kovacic
Recreation Commission Harbicht
Senior Citizens' Commission Wuo
Chamber of Commerce Harbicht
Foothill Private Industry Council Harbicht, alternate -Wuo
Foothill Transit Chandler, alternate -Harbicht
Gold Line JPA Chandler, alternate -Harbicht
Independent Cities Assn. Wuo, alternate -Harbicht
L.A. County Division of the League of California Cities Harbicht, alternate -Wuo
League City Selection Committee Harbicht, alternate -Wuo
San Gabriel Council of Govt.'s Harbicht, alternate -Wuo
San Gabriel Valley Mosquito and Vector Control District Chandler
Sanitation District Harbicht, alternate -Chandler
South Califomia Association of Governments Harbicht, alternate -Wuo
Youth Services Coordinating Council Wuo, alternate -Amundson
LAC MTA -San Gabriel Valley Chandler
City Clerk Barrows had nothing to report.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES OF APRIL 1 AND APRIL 75. 2008.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES OF APRIL t AND APRIL 15 2008.
Recommended Action: Approve
c.
MANAGEMENT EMPLOYEES.
Recommended Action: Adopt
05-06-2008
4
50:0054
d. ACCEPT GETTY FOUNDATIC
CHARLES GILB ARCADIA HIS-
Recommended Action: Approve
e. APPROVE A CHANGE ORDER TO A PURCHASE ORDER WITH BASIC
CHEMICAL SOLUTIONS. LLC FOR THE PURCHASE OF SODIUM
HYPOCHLORITE TO DISINFECT THE CITY'S DOMESTIC WATER SUPPLY IN
THE AMOUNT OF $5.000.
Recommended Action: Approve
9•
A motion was made by Council/Agency Member Chandler, seconded by Council/Agency
Member Amundson and carried on roll call vote to approve items 2.a through 2.g on the City
Council/Agency Consent Calendar.
AYES: Council/Agency Member Chandler, Amundson and Wuo
NOES: None
ABSENT: None
ABSTAIN: Council Member Harbicht and Kovacic (April 1, 2008 minutes)
3. CITY MANAGER
a.
Action: Provide Direction
Pat Malloy, Assistant City Manager/Public Works Services Director provided a brief summary of
the four proposals received regarding the management of operations and maintenance of the
Arcadia Par 3 Golf Course including options from Kare Youth League for the purchase of a
portion of the golf course to build a gymnasium or expand their facilities.
John Martin, Kare Youth League made a presentation to the City Council.
A motion was made by Council Member Harbicht to open negotiations with American Golf and
Arcadia Golf Partners and report back to the City Council the results.
' Council Member Amundson noted that he would like to include All About Golf to Mayor
Harbicht's motion.
05-06-2008
Recommended Action: Approve
ALTERNATE DELEGATE.
Recommended Action: Approve
50:0055
A motion was made by Council Member Wuo, seconded by Council Member Amundson to
include All About Golf in the negotiation process with American Golf and Arcadia Golf Partners.
AYES: Council Member Wuo, Amundson and Kovacic
NOES: Council Member Chandler and Harbicht
ABSENT: None
A motion was made by Council Member Kovacic, seconded by Council Member Amundson to
direct staff to begin negotiations with American Golf, Arcadia Golf Partners and All About Golf.
AYES: Council Member Kovacic, Amundson, Chandler, Wuo and Harbicht
NOES: None
ABSENT: None
The City Council asked Kare Youth League to submit a study to reconfigure the rear portion of
the golf court that would involve relocation of possibly one hole based on their proposal.
In response to an inquiry by Council Member Amundson regarding an extension of time to the
current contract with American Golf, Mr. Malloy responded that American Golf is currently
working on a contract amendment which he will share with the City Attorney.
b.
Recommended Action: Adopt
AND LEVY OF ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR
2008/09.
Recommended Action: Adopt
OR
IF MAJORITY PROTEST EXITS BASED ON THE BALLOT RESULTS
ABANDON THE FORMATION OF THE SANTA ANITA OAKS STREET
LIGHTING ASSESSMENTS DISTRICT FOR FISCAL YEAR 2008/09 BY '
ADOPTING THE FOLLOWING RESOLUTION:
05-06-2008
Recommended Action: Adopt
50:0056
' OWNER PROTEST BALLOT PRODEEDINGS CONDUCTED FOR THE
PROPOSED LEVY OF ASSESSMENTS RELATED TO THE SANTA ANITA
OAKS LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2008109.
Recommended Action: Adopt
Tom Tait, Deputy Public Works Services Director reported the results of the Santa Anita Oaks
Lighting District as 21 yes votes or $8,547 and 120 no votes or $48,840 and due to the results,
staff recommends that the City Council abandon the formation for the Santa Anita Oaks Lighting
District and adopt Resolution No. 6623 declaring the results.
A motion was made by Council Member Chandler, seconded by Council Member Wuo and
carried on roll call vote to adopt Resolution No. 6623 declaring the results of the property owner
protest ballot proceedings conducting for the proposed levy of assessments related to the Santa
Anita Oaks Lighting District commencing in fiscal year 2008-09 and abandon the formation for
the Santa Anita Oaks Lighting District.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
c.
TELECOMMUNICATIONS FACILITIES AND EQUIPMENT ON PRIVATE
' PROPERTY AND THE PUBLIC RIGHT-OF-WAY.
Recommended Action: Provide Direction
The Mayor announced that he has been advised by the City Attorney that he has a conflict of
interest because he owns property within 500 feet of a proposed cell tower and will step down
and not participate in any discussion. The Mayor asked Mayor Pro Tem Wuo to conduct the
meeting.
Jason Kruckeberg, Development Services Director provided an overview of the conditional use
permit process and approval for the installation of wireless telecommunications facilities such as
cellular antennas, cellular towers and utility cabinets on private property and the public right-of-
way.
Pat Malloy, Assistant City Manager/Public Works Services Director provided an overview of the
process regarding the installation of cell towers in the public right-of-way; he noted that
telecommunication facilities and equipment in the public right-of-way are governed by a different
set of rules; he explained that municipalities have the right to exercise reasonable control as to
the time, manner and place in which the public right-of-way is accessed for the installation of
telecommunication facilities and equipment.
Ken Herman explained the encroachment permit process and criteria used for regulating
telecommunication facilities and equipment in the public right-of-way.
Steve Deitsch, City Attorney provided a brief summary of case law that governs
telecommunication facilities and equipment in the public right-of-way.
05-06-2008
7
50:0057
Ray Riordan appeared and spoke in opposition of cell towers being placed in residential areas
and requested that staff look into what other cities are doing. '
Vince Vargas appeared and spoke in opposition of cell towers being placed in residential areas
and requested that staff look into what other cities are doing.
Richard Midgley appeared and spoke in opposition of cell towers being placed on Gloria Road.
The City Council directed staff to contact T-Mobile regarding the relocation or redesign of their
telecommunication facility and equipment and report back to the City Council.
ADJOURNMENT
The City Council/Redevelopment Agency adjourned this meeting at 10:35 p.m. in memory of
Doug Smith to Tuesday May 20, 2008, 4:00 p.m. at the Arcadia Police Department EOC Room,
250 W. Huntington Drive, Arcadia.
~~~~~~~
Robert C. Harbicht, Mayor
ATTEST: '
ames H. arrows, City Clerk
~I
` I
05-06-2008