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HomeMy WebLinkAboutDECEMBER 5,2006 I I I 48:0117 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 5, 2006 The City Council and Redevelopment Agency of the City of Arcadia met at 6,00 p.m. in a regular closed session meeting in the Arcadia City Council Chamber Conference Room, CALL TO ORDER The Mayor Chandler called the meeting in order at 6:00 p,m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: ABSENT: Amundson. Harbicht, Segal. Wuo and Chandler None CLOSED SESSION a. Conference with real property negotiators pursuant to Government Code Section 54956,8: Property Description: Southerly parking area of Santa Anita Race Track Property, Negotiating Parties: Citv: City Manager, Assistant City Manager/Development Services Director and City Attorney, Propertv Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. Under Negotiation: Price and terms of payment. b. Conference with real property negotiators pursuant to Government Code Section 54956,8: Property: 21 Morlan Place 28 W. Santa Clara Property Owner: Wendy 000 (Church in Arcadia) Don and Ray Dahlgren Negotiating Parties: Agency: Deputy Executive Director Under Negotiation: Price and terms of payment. 1 12-05-2006 48:0118 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION I The Mayor convened the Open Session meeting at 7:00 p,m, INVOCATION Rabbi Devora Fond. Temple Shaarei Torah PLEDGE OF ALLEGIANCE - Council Member Amundson ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Members Chandler, Segal, Amundson, Harbicht, and Wuo ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS Steve Deitsch. City Attorney reported that the City Council/Redevelopment Agency Board met in closed session to consider the two (2) items listed under closed session on the agenda, No reportable action was taken, SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS I 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 Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS AND PROCLAMATIONS a, Assembly Member Carol Liu, b, Presentation of Life Saving Award to Officer Joe Cortez, PUBLIC COMMENTS (5 minutes per person) Carol Liu thanked the City Council for the recognition and gave on update on several issues from the past year. Lisa Brock, President of Camino Grove Elementary PT A, give an update' on events taking place at Camino Grove Elementary School. Ms. Brock advised that for upcoming I events or PTA meeting information, please see the school's website. She also thanked the City Council for their continued support. 2 12-05-2006 I I I 48:0119 Bradlev Beck resident of Arcadia advised the City Council that he received 8 parking citations for street sweeping over the past year while caring for his elderly mother and disabled brother and that 2 of the citations were attached to his vehicle registration. He asked that the City Council if they can waive the remaining 6 parking citations due to money constraints. Mayor Chandler advised Mr. Beck of the City's administrative procedures dealing with parking tickets. Chief Sanderson will contact Mr. Beck to discuss, REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson noted that the lighting on the cable station needs to be addressed, Mr. Amundson commented on the meeting with Supervisor Antonovich, He noted that hopefully the repair and upkeep of the Chantry Flats Road will be shifted to the County of Los Angeles, Mr. Amundson, attended the Planning Commission meeting at the Community Center for the DEIR on the proposed shops at Santa Anita. He also thanked everyone who attended and those who made comments. Mr, Amundson also announced that Pamela Blackwood's husband had surgery and wished them well. Mr, Amundson advised that the Arcadia Beautiful Commission will be giving out awards for Christmas decorations and wished everyone happy holidays. Council Member Harbicht announced that a special municipal election is set for May 8, 2007. Mr. Harbicht commented that the measure on the ballot does not relate to eminent domain. Mr. Harbicht advised staff that he would like placed on the next City Council regular agenda a measure to be placed on the May 8. 2007 special election ballot on whether or not the voters would like the powers of eminent domain removed from the Redevelopment Agency and requested that the City Attorney to draft the measure, Council Member Harbicht commented that at his home the quality of the picture on cable television is terrible, Council Member Harbicht wished everyone Happy Holidays and a happy new year, Council Member Wuo wished everyone happy holidays and a happy new year, Mr. Kelly explained the cable problem that the City is experiencing with Time Warner. Mayor Pro Tem Segal announced that Saturday is the White Christmas Event and 200 plus less fortunate families will receive Christmas food baskets and toys. He also thanked the schools for their participation. Mr. Segal also announced there will be 33 tons of snow at the snow festival on Saturday at the Community Center. Mr. Segal wished everyone a safe holiday season and a happy and safe new year, Mayor Chandler announced that the City just received notice that Time Warner is working on the cable problem. Mr, Chandler also announced that he attended a joint Chamber of Commerce and School District intercultural dinner event last week, Mayor Chandler also attended and thanked the police association for their annual holiday dinner, Mayor Chandler also wished everyone happy holidays and a happy new year. City Clerk Barrows wished the City Council, the City Manager, all City Departments and the citizens of Arcadia happy holidays from the City Clerk's Office. 3 12-05-2006 48:0120 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: I a, REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22, 2006, Recommended Action: Approve b, FISCAL YEAR 2005-06 REDEVELOPMENT AGENCY STATE CONTROLLER. STATE HOUSING AND COMMUNITY DEVELOPMENT, BLIGHT REMOVAL PROGRESS, LOAN AND PROPERTY REPORTS, Recommended Action: Approve CITY COUNCIL ITEMS: c, REGULAR MEETING MINUTES OF NOVEMBER 21. 2006 AND CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22. 2006, Recommended Action: Approve d, RESOLUTION NO, 6543 APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Recommended Action: Adopt e, ACCEPT $2.000 GIFT FROM THE ARCADIA PUBLIC LIBRARY FOUNDATION FOR LIVE HOMEWORK HELP ONLINE, Recommended Action: Approve I f, PURCHASE THREE (3) FORD PICKUP TRUCKS FOR THE PUBLIC WORKS SERVICES DEPARTMENT FROM PASADENA FORD IN THE AMOUNT OF $84,682,69. Recommended Action: Approve g, AWARD A ONE (1) YEAR CONTRACT EXTENSION TO JOHN L. HUNTER AND ASSOCIATES. INC. FOR ADMINISTRATION AND MONITORING OF THE MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL WASTE PROGRAM IN THE AMOUNT OF $55,645, Recommended Action: Approve h, AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS TO PREPARE THE 2007 WATER MASTER PLAN UPDATE IN THE AMOUNT OF $62.030. Recommended Action: Approve i. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH INSPECTION ENGINEERING CONSTRUCTION, INC. FOR THE 2006/2007 ANNUAL CONCRETE REPAIR PROJECT IN THE AMOUNT OF $245,270. Recommended Action: Approve I 4 12-05-2006 I I I 48:0121 j, AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CONVERSE CONSULTANTS IN THE AMOUNT OF $41.110 FOR SPECIALTY INSPECTION SERVICES FOR THE CONSTRUCTION OF FIRE STATION 105. Recommended Action: Approve k, AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CALIFORNIA PROFESSIONAL ELECTRIC FOR THE FLASHING BEACON PEDESTRIAN CROSSWALK INSTALLATION ON DUARTE ROAD EAST OF BALDWIN AVENUE PROJECT IN THE AMOUNT OF $62.690. Recommended Action: Approve I. PURCHASE 12-LEAD EKG EQUIPMENT FROM MEDTRONIC IN AN AMOUNT NOT TO EXCEED $51.000 FOR THE UPGRADE OF FIRE DEPARTMENT EMT EQUIPMENT. Recommended Action: Approve m. FISCAL YEAR 2005-06 REDEVELOPMENT AGENCY STATE CONTROLLER. STATE HOUSING AND COMMUNITY DEVELOPMENT. BLIGHT REMOVAL PROGRESS. LOAN AND PROPERTY REPORTS. Recommended Action: Approve A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and carried on roll call vote to approve the Consent Calendar items 1-a. through 1-m on the City Council/ARA Consent Calendars, AYES: NOES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler None 2. CITY MANAGER a. DISCUSSION AND DIRECTION REGARDING PEAFOWL. Recommended Action: Provide direction Mayor Chandler announced that he had received several e-mails and phone calls from citizens who requested that this item be continued to a future date, Mayor Chandler announced that after the staff report is given those in the audience will be allowed to speak on the matter, City Manager Kelly advised the City Council that the peafowl issue has come up periodically in the last several months and is now being submitted to the City Council for direction, Linda Garcia will provide the staff report, Linda Garcia gave a detailed background report on the peafowl situation and addressed several alternatives, She also noted that the City recently meet with the Presidents of the 2 homeowner associations most affected by the birds and both associations acknowledge that the peafowl population is excessive and express their support of a compromise position that would involve relocating a number of the birds and enacting an ordinance that would prohibit the feeding of peafowl on private property. Ms, Garcia advised that the president of the Highlands Homeowner Association acknowledges the problems associated with the peafowl but objected to relocating the birds to Wilderness Park, Also, Ms, Garcia reported that the Arboretum CEO does not believe that the Arboretum's peafowl population has increased in recent years however he has concerns regarding the large number of peafowl in the City and supports the 5 12-05-2006 48:0122 relocating of some of the peafowl. She also advised that several e-mails from the public were received on this matter and were forwarded to the City Council. I Mr, Wuo asked where the peafowl would be relocated, Mr. Amundson asked about an adoption program by citizens who would like a peafowl. Linda Garcia answered that there are individuals and groups out there that would take them, Fred Powers thanked City Manager Bill Kelly and Linda Garcia for bringing this matter forward, Mr. Powers noted that there are clusters of 40-60 birds roaming at a time. The peafowl are a burden to the quality of life and would like to see the number of birds reduced, Mr. Powers gave a background regarding his experience with the birds in the last several years and urges the City Council to come up with a plan that will reduce the number of peafowl in the college street area. David Medina. a resident of Harvard Drive, supports the current peafowl population. Mr, Medina commented that there are only a handful of residents who are against the current peafowl population, He also commented that there are a number of homeowners who believe that the peafowl are unique and are a beautiful component of the neighborhood and that there is no problem. Melody Ann Wall, a resident of Harvard Drive. commented that she does not feel that the peafowl population has increased and does not support the relocation of the birds, She noted that there are many residents who support the peafowl in the neighborhood. She urged the City Council not take action on this item. She recommended that the Council keep the situation as is or extend the prohibiting of feeding peafowl from not only public property but to include private property. I Raub Mathias, a resident of Coronado Drive, encouraged the City Council to do something about the peafowl. He is on the Santa Anita Village Homeowners Association and they support the relocation of a percentage of the peafowl population to possibly Wilderness Park and also the adoption of an ordinance prohibiting the feeding of peafowl on private property. Mr, Mathias also supports the establishment of a peafowl management program. Mr. Mathias urges the City Council to take action on this and assess the peafowl population. Mayor Chandler commented that he is not in favor of trapping and relocating the birds to Wilderness Park and would like to see an ordinance prohibiting the feeding on private property Council Member Harbicht feels that an ordinance prohibiting the feeding of peafowl on private , property would not be enforceable, Mr, Harbicht commented that he does feel that there is a solution to this situation, Mr. Harbicht also noted that he contributed an article on peafowl in Visions of Arcadia. Council Member Harbicht would like this item carried over until the first meeting in January in order to allow everyone to have an opportunity to speak on this item" Mr. Harbicht also noted that he is not in favor of relocating the birds. Council Member Wuo commented that he would support an ordinance prohibiting the feeding of peafowl on private property and that he is not in favor of relocating the peafowl. Council Member Amundson wanted to know if the public has been educated on this matter, I Linda Garcia advised that a peacock brochure was mailed out to about 1,500 homes in the college district, notices have been placed in the City's newsletter and cable television. Ms. 6 12-05-2006 I I I 48:0123 Garcia advised that there is a small percentage of residents who are intentionaUy putting food out for the peafowl. Council Member Amundson asked about enforcement of feeding the birds on private property, City Manager Kelly advised that in order to enforce the feeding of peafowl on private property, the City or neighbor would have to catch the resident. He also noted that a majority of the residents do comply with the rules and regulations regarding peafowl. Linda Garcia advised that the Arboretum has not seen an increase in their population, She also noted that the birds know exactly which homes put food out. Council Member Amundson questioned if there was anything special about Mr. Powers' trees since the birds flock to his trees, Linda Garcia advised that Mr, Powers lives near residents who intentionally feed the birds so there is a significant problem with the birds in his area, Council Member Amundson asked if the homeowner associations in that area would be able to help the City enforce this matter. Linda Garcia advised that the City can meet with the homeowner associations in the area and possibly have them put a neighborhood meeting together which Ms. Garcia would assist and discuss what they can do to assist the City, Council Member Segal commented that he is not sure what the solution is. His concerns are with those individuals who are intentionally feeding the birds, Council Member'Segal advised that he would support and encourages an ordinance prohibiting the feeding of peafowl on private property, Mayor Chandler noted that there are obviously citizens that are feeding the birds on private property, Mayor Chandler asked if the City Attorney office files the complaint. City Attorney Deitsch responded that the matter is enforced through the City Attorney office, Council Member Harbicht noted that the problem is the congregation of the peacocks in one place, Council Member Harbicht advised that he has concerns regarding this matter and would like to see the item continued so that other residents in the area can have an opportunity to speak. He noted that the e-mails he received, but was not sure if they were for or against the ordinance. Council Member Wuo asked the City Attorney if by passing the ordinance is the City violating any rights of the property owners. City Attorney Deitsch explained that this issue is a matter of policy and that there are no legal issues if the ordinance is passed. Council Member Wuo advised that he is not in favor of continuing this matter. He would like to see a decision made tonight. Mayor Chandler commented that he is not in favor of continuing this matter, He would like to see an ordinance that would prohibit the feeding of peafowl on private property, 7 12-05-2006 48:0124 Council Member Harbicht made a motion to continue this item to the second meeting in January. Council Member Amundson seconded the motion made by Council Member Harbicht, but would like to limit the comment time to 3 minutes. Council Member Segal commented that he would like to see the matter resolved tonight. Mayor Chandler announced that Council Member Harbicht made a motion to continued the hearing to January 16. seconded by Amundson, AYES: NOES: Council Member Harbicht and Amundson Council Member Segal. Chandler and Wuo Council Member Segal made a motion to prepare an ordinance prohibiting the feeding of peafowl on their private property for consideration to bring back to the Council on January 15, 2007, seconded by Council Member Wuo, AYES: NOES: Council Member Segal, Wuo, Amundson, Harbicht and Chandler None ADJOURNMENT The meeting was adjourned at 9:00 p.m, The City Council/Redevelopment Agency adjourned this meeting to January 2, 2007 at 6:00 p,m, in the City Council Chamber Conference Room located at 240 W, Huntington Drive, Arcadia, lJdii-- ATTEST: ~ ames H, Barrows, City Clerk 8 12-05-2006 I I I