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Home My WebLink AboutJULY 1,1997 I I I ""0 . \ \) - .07QI(j? 3Y;0153 .::..<: CITY CoUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 3. LffiRARYBD. (Durnbacher) 0101.0 -.:.<0 SISTER CITY COMSN. (Street) 01-', I. 1 (l OATIl OF OFFICE (Commissioner Lean and Trnstee Ulrich) Ot-J. '-, , ...h <" .( (: 4. 5. MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVEWPMENT AGENCY REGULAR MEETING JULY 1,1997 Pursuant to the adjournment of the June 17, 1997 Regular Meeting of the Arcadia City Council, the City Clerk appeared at the time and place of adjournment. There being no City CounciImembers present, the City Clerk declared the 6:00 p.Ol. Regular Meeting adjourned to 7:00 p.m. this date, July I, 1997, in the City Council Chambers for a Regular Meeting of the City Council. The City Council of the City of Arcadia met in a Regular Meeting on Tuesday, July I, 1997 at 7:00 p.m. in the City Council Chambers. Rev. Roger Sonnenberg, Our Saviour Lutheran Church Rounie Garner, City Manager Pro tern/Chief of Police PRESENT: Councilmembers Chang, Kovacic, Kuhn, Young and HaJbicht ABSENT: None PRESENTATION Councilmember Kuhn, Council liaison to the Library Board, presented retiring Library Board Trnstee, Mavis Dumbacher with a plaque in appreciation of her eight years of dedicated service to the City. Councilmember Young, Counci1liaison to the Sister City Commission, presented retiring Sister City Commissioner, Beverly Street, with a plaque in appreciation of her eight years of dedicated service to the City. City Clerk June Alford administered the Oath of Office to incoming Commissioner Jerree Lean - Sister City Commission, and Trustee Peter Ulrich - Library Board. Councilmember Young presented Commissioner Lean with City credentials and a City pin and welcomed her to the City family. Councilmember Kuhn, then presented Trnstee Ulrich with his City credentials and a City pin and welcomed Trnstee Ulrich to the City family also. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None QUESTIONS FROM CITY COUNCIL REGARDING AGENDA ITEMS 1 7/1/97 CHANG (Item 9a.) ORD. & RES. READ BY TITLE ONLY 6. 6a LIENS DELINQUENT FEES RES. 6002 (ADOPTED) t i ..J ~; u ~ , ~ 6b. PUBLIC NUISANCE (352 E. Haven) (Continued to 8-19-97) 0::, ,.;),;~". \ .39:0154 Councilmember Chang pointed out a typographical error in the June 10, 1997 Council Minutes. This was duly noted by the City Clerk for correction. I It was MOVED by Councilmemher Chang, seconded by Councilmember Young and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PUBLIC HEARING Consideration of the report and recommendation to adopt Resolution No. 6002, ordering the placement of liens on real property for the settlement of delinquent rubbish, sewer and property related fees. On May 30, 1997 the City Treasurer notified the property owners listed in the July I, 1997 staff report by mail, informing them of the public hearing this date to hear aoy objections or protests concerning their delinquent accounts with the City. The total amount of said delinquent fees exceeding ninety (90) days were listed as $937.76 in the report. Based upon the confirmed report, the Administrative Services Director will submit the amounts listed for inclusion on the property tax bills to the Los Angeles County Tax Collector to be coIlected during the following fiscaI year. This will enable the City to collect delinquent property related fees and charges which would have remained unpaid. Mayor Harbicht OPENED the public hearing. No one came forward to address the City Council for or against the proposed liens for delinquent fees. It was MOVED by Councilmember Young, seconded by Councilmember Kuhn and CARRIED to close the public hearing. I It was then MOVED by Councilmember Kuhn, seconded by CounciImember Young and cARRiED on roIl calI vote that RESOLUTION NO. 6002, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, ORDERING THE PLACEMENT OF LIENS UPON REAL PROPERTY FOR THE SETTLEMENT OF DELINQUENT RUBBISH, SEWER AND PROPERTY RELATED FEES", be and it is hereby ADOPTED. AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None A public hearing previously scheduled for June 3, 1997 to declare the property at 352 East Haven a public nuisance was continued to this date, July 1st. Staff has again requested that the July 1st public hearing be continued to August 19, 1997, and advised that the reasons listed in the June 26, 1997 staff report sti11 apply to this property, i.e., that a portion of the Haven property under consideration is located in the City of Monrovia; the City needs to gather additional evidence with regard to the status of the inoperable vehicles on the property; and, additional time is necessary to review the status of the property in terms of access for the Fire Department and related potential problems. Mayor Harbicht OPENED the public hearing. No one came forward to address the City Council. It was MOVED by Councilmember Young, seconded by Councilmemher Kuhn . and CARRIED to close the public hearing. I It was then MOVED by Mayor Pro tern Kovacic, seconded by Councilmember Young and CARRIED on roll call vote as follows to CONTINUE the public hearing regarding 2 7/1/97 I I I 7. 8. YOUNG (Verdugo Commun. Ctr.) (Sister City dinner) KUHN (Arcadia Rec. Dpt. Concert) KOVACIC (July 4th) HARBICHT (Speaking for Arcadia) . 39:.0155 the public nuisance at 352 East Haven Avenue to August 19, 1997. AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None AUDIENCE PARTICIPATION Pel!ev Soeer. "The Finishing Touch", expressed concern as a merchant, with the City COdes which prohibit placement of merchandise outside of a shop. Ms. Speer distributed a petition circulated among other merchants in the area who want to change the City code to permit outdoor displays of merchandise. Ms. Speer believes a change in the code would make the commercial areas quaint and bring people in to shop. Mayor Harbicht advised Ms. Speer of the July 15 Council study session at which the Council will consider a number of items related to the Downtown area. Gail Marshall. 2300 Block of Lee Avenue, expressed appreciation to Mayor Pro tern Kovacic for taking time to answer some of her questions recently, Ms. MarshaIl went on to question the discrepancy of the number of votes to be cast in favor of the Fire Suppression District by Santa Anita Realty which was stated one way in the Los Angeles Times and another at Mayor Harbicht's public meeting. Mayor Harbicht stated the Times was inaccurate and so was he. With regard to the vote related to the race track... it would be eqnal to 35 residential votes. The Fashion Park MaIl vote would amount to about 10 residential votes. Ms. Marshall questioned also the voles of the public agencies who have properties in Arcadia. Mayor Harbicht informed that public agencies have been exempted. The City of Arcadia has approximately $9,000 in assessments... The City Manager will be authorized to vote these ballots for the City at a future Council Meeting. MATTERS FROM ELECTED OFFICIALS Councilmember Young and Kuhn recently visited the Verdugo Communications Center with Fire Chief Lavoie. She learned a lot and can see many advantages to having a centralized communication system. Counci1member Young noted the Sister City dinner in honor of retiring Commissioner Beverly Street was very nice affair. Councilmember Kuhn invited all Arcadia residents to attend the annual Arcadia Pops Orchestra concert on July lOth at the Community Center. The 60 volunteer musicians are from all levels of the Arcadia School system; students and alumni musicians also. Three other concerts are scheduled for this summer at First Avenue School or the Community Center. Mayor Pro tern Kovacic announced that a Fourth of July parade and other festivities will be held in the City of Sierra Madre. He encouraged all Arcadians to meet their neighbors on July 4th and have a pleasant day. Mayor Harbicht announced a new ~Speaking for Arcadia" television program was recently recorded and will start to run on Channel 20 on the 4th of July and will feature the City Maintenance Yard and personnel. It was a fun time and he hopes people will tune in and see all that these personnel do for the City. The next program wiIl be taped at the July 17 concert at First Avenue School. 3 7/1/97 9. 9a 9b. JULY 4lH BLOCK PARTY (Monte Vista Rd.) J f '5"0 '.0 ,-\ 9c. ACCEPTED PROJ. (1996-97 Concrete Repair Prog.) :.I'-1..,.:,....,IJ 9d ACCEPTED PROJ. (1996-97 Street & Parking lot Resurface) () q I r. i' ge. 9a. MINUTES (6-10-97) (APPROVED) ge. JOB CLASS. FIRE DEPARTMENT (Fire Adm. Specialist) (APPROVED) () ,1-1. -Ju 39:0156 -:- - -:- ~ . CONSENT ITEMS See Page No.4 I APPROVED closure of the 400-500 Block of Monte Vista Road from Volante Drive to Catalpa Road for a July 4th block party from 2:00 p.m. to 10:00 p.rn., subject to conditions listed in the July I, 1997 staffreport. ACCEPTED the project and AUTHORIZED finaI payment of $3,998.89 (10% retention) to Martinez Concrete, Inc., for the 1996-97 Concrete Repair Program in accordance with the contract documents. ACCEPTED the project and AUTHORIZED finaI payment of $15,690.84 (10% retention) to California Pavement Maintenance Company in accordance with the contract documents for the 1996-97 Street and Parking Lot Resurfacing Program. See Page No. 4 THE ABOVE CONSENT ITEM 9b,'c AND d WERE APPROVED ON MOTION BY COUNCILMEMBER KUHN, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None I Mayor Pro tern Kovacic requested a correction be made to the Minutes of the June 10, 1997 Adjourned Regular Meeting to better reflect his intent. It was then MOVED by Mayor Pro tern Kovacic, seconded by CounciImerober Young and CARRIED on roll calI vote as follows, to APPROVE the Minutes of the July 10, 1997 Adjourned Regular Meeting as amended. AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None The Human Resources Manager clarified the duties related to the proposed classification of Fire Administrative Specialist. The person in this position would perforrn secretariaI duties approximately 60% of the time and fire prevention duties for 40"10 of the time. He believes the 60% arrangement wiIl fuIfiIl the secretarial needs of the department. It was MOVED by CounciImember Chang, seconded by CounciImember Kuhn and CARRIED on roll call vote as foIlows, to APPROVE the establishment of the position of Fire Administrative Specialist in the Fire Department AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None I 4 7/1/97 I I I 10. lOa. EXTEND CABLE TV FRANCHISE AGREEMENT AND NEGOTIATION AGREEMENT (TCI Cablevision) (APPROVED EXTENSION TO 12-31-97) O'BltJ. .'iU 3-9:0157 CITY MANAGER The current cable television franchise was entered into in 1984, amended in 1985 and extended in 1995 to July 5, 1997. For over two years the City of Arcadia and TCI Cablevision of Arcadia/Sierra Madre have been involved in the cable television franchise renewal process. With the. exception of the development of a new draft franchise and the completion of negotiation meetings regarding that document, most steps of the process have been completed. Impeding the process was TCI's reluctance to pay a $30,000 fee to the City and to fill out a Franchise Renewal Questionnaire, the responses from which are necessary to create a new franchise agreement. On November 5, 1996, the City Council adopted a Franchise Negotiation Agreement to encourage dialogue with TCI. and to move forward in an informal process to expedite negotiations. The $30,000 in question was paid at that time. On May 21, Teri Scott, TCI's Director of Franchising, requested a six-month extension to both the Franchise Agreement and the Negotiation Agreement and cited several TCI internaI issues, and the suitability of the Franchise Renewal Questionnaire in the informal renewal process, since some of the information had already been submitted as part of other franchise reqnirements. After receipt of Ms. Scott's correspondence, the City's legal counsel, cable consultant and staff determined that the time remaining until franchise expiration was insufficient to complete the negotiation process and that an extension would be in order. The questionnaire was review with Ms. Scott by telephone and she agreed to complete requested sections by July I, 1997, so that the process could continue. Staff agreed to place the extension request on the agenda this date, July I, for Council's consideration. Upon granting the extension, TCI is obligated to continue on with all the provisions of the current franchise, including payment for operating support (the telecasting of City Council meetings). For a six-month period TCI wilI pay the City $7,500. On the negative side , the delays which preceded this extension request have necessitated additional assistance from legal counsel and consultant which were not anticipated. The cost of another six months of consultation are unknown at this time and will depend on how quickly negotiations are concluded. Additional funds may be needed since the process has taken longer than expected. The City Community Relations Offices noted that she has received a check from TCI for $7,500 this date, and a completed Franchise Renewal Questionnaire, the contents of which will help staff draft a new franchise, and will be the basis of the City's negotiations. Ms. Teri Scott, Division Director of Franchise, TCI Cablevision, responded to Council's comments, in particular, the internal changes within the company, and the changes to the cable systellL Ms. Scott also explained those circumstances which drive increases in cable rates. It was then MOVED by Councilmember Young, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to APPROVE a six-month extension of the existing Cable Television Franchise and the Franchise Negotiation Agreement, which has been approved as to fonn by the City Attorney, to December 31, 1997; AUTHORIZE the City Manager to execute same; and ACCEPT $7,500 fonn TCI for continued operating support. 5 7/1/97 lOb. APPT. TO SR CITZ. COMSN. (Miner) ()12t'~~(O II. lIa. ORD. NO. 2072 (Service deposits) ~'.! \.-'...... f. 'I.) ADJOURNMENT 39: U1Sb -- AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None -~ Consideration of the report and recommendation to appoint a Senior Citizen Commissioner. It was MOVED by Councilmember Young, seconded by Councilmember Kuhn and CARRIED on roll call vote as follows to REAPPOINT Nancy Miner to the Senior _ Citizens Commission for a full two-year term ending June 30, 1999. AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None CITY ATTORNEY The City Attorney presented for ADOPTION and read the title of ORDINANCE NO. 2072: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7524 AND REPEALING SECTION 7524.2 OF THE ARCADIA MUNICIPAL CODE RELATING TO SERVICE DEPOSITS. It was MOVED by Councilmember Kuhn, seconded by Councilmember Chang and CARRIED on roll call vote as follows that ORDINANCE NO. 2072 be and it is hereby ADOPTED. AYES: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None At 7:50 p.rn. the Regular Meeting of the City Council ADJOURNED to Tuesday, July 15, 1997 at 6:00 p.m. in the Conference Room of the Council Chambers for a Regular Meeting of the Council and the Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. //~~ Robert C. Harbicht, Mayor of the City of Arcadia ATTEST: JJ r'J e D. Alford, Ci 6 7/1/97 I I I