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HomeMy WebLinkAboutJULY 19,2005 I I I 47:0066 MINUTES Arcadia City Council and Arcadia Redevelopment Agency TUESDAY, JULY 19, 2005 DDD ~, 6:00 p.m., City Council Chamber Conference Room ROLL CALL PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, and Wuo ABSENT: Council/Agency Member Segal AUDIENCE PARTICIPATION - (5 minutes per person) None. STUDY SESSION a. Arcadia Transit Performance and Operating Audit Recommendations Recommendation: Review and Discussion Don Penman, Assistant City Manager/Development Services Director summarized the Arcadia Transit Performance and Operating Audit recommendations item that would be appearing on tonight's Regular Meeting Agenda; staff and Council discussed the various impacts of discontinuing the exclusive morning service to Arcadia schoolchildren and the elimination of the General Public monthly pass. Council/Agency Member Segal arrived at 6:20p.m. The Council did not take any action on this study session item. CLOSED SESSION a. Pursuant to Government Code Section S49S7.6 to confer about labor contract negotiations - California Teamsters Public, Professional and Medical Employees' Union 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part- time Employees (City Negotiators: William W. Floyd and Tracey Hause..-'- ----, n"" 7:00 p.m. in the Council Chamber INVOCATION Reverend Brenda Simonds PLEDGE OF ALLEGIANCE Peter Ulrich ROLL CALL PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None 1 07-19-05 47:0067 SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. I REPORT FROM CLOSED SESSION , Steve Deitsch, City Attorney, reported that the City Council/Redevelopment Agency did not take any reportable action on item a. on tonight's Study Session or item a. on tonight's Closed Session agenda. MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried without objection to read all ordinances/resolutions by title only and waive reading in full. , , PRESENTATIONS a. Recognition of incoming and outgoing Boards and Commission Members The following Board and Commission members served two-full terms and were recognized for their oustanding dedication to the community: Gary Brewer, Arcadia Beautiful Commission Peter Ulrich, Library Board of Trustees Jim Lewis, Senior, Citizens' Commission Arlene Okamoto, 'Senior Citizens' Commission I The following incoming Board and Commission members were administered the Oath 0 Office and were duly sworn in by the Chief Deputy City Clerk: , Peter Amundson, Arcadia Beautiful Commission Meredith Brucker, Library Board of Trustees Frank Lee, Senior Citizens' Commission Vern Whitaker, Senior Citizens' Commission 1. PUBUC HEARING - CITY COUNCIL I a. Resolution No. 6475 - A Resolution of the City Council of the City of Arcadia. California. establishina orocessina charaes for certain cable/OVS franchise ourooses. Recommendatio~: Adopt Staff Report Tracey Hause, Administrative Services Director, presented the report; Ordinance No. 2006 is scheduled for adoption on tonight's agenda and sets forth policies governing the manner in which a cable television operator, I a multichannel video programming provider, OVS or other video programming provider that uses the public rights way to deliver services applies for, qualifies for, and is granted a franchise agreement, regardless of the technology being proposed; tonight's proposed Resolution No, 6475 establishes processing charges under which the City would be able to recoup the actual cost of providing the service for which the charge is imposed. I 2 07-19-05 I I I Public Hearing Testimony 47:0068 Philio Rubina. Adephia Communications, Carlsbad, appeared to speak in opposition to certain charges proposed by the Resolution. Motion to Close A motion to close the public hearing was made by Council Member Segal, seconded by Council Public Hearinq Member Marshall, and was carried unanimously. Council Deliberation Motion Roll Call Council Member Kovacic inquired whether it was within the Council's legal authority to enact the processing charges recommended by the proposed Resolution; Steve Dietsch, City Attorney, noted that all actions proposed by staff regarding Resolution No. 647S were legal. A motion was made by Council Member Chandler, seconded by Council Member Segal, and carried on roll call vote to adopt Resolution No. 6475, A Resolution of the City of Arcadia, California, establishing processing charges for certain cable/OVS franchise purposes. Ayes: Noes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo None AUDIENCE PARTICIPATION - (5 minutes per person) Fred Powers. 316 Oxford Drive, appeared to speak regarding an increase in peacock activity in his neighborhood. Burt Wonq, 334 Oxford, appeared to speak regarding an increase in peacock activity in his neighborhood. Per Council majority vote (Segal, Kovacic, and Marshall) this item will be placed on a future agenda for discussion and potential action by the City Council; in the interim, Bill Kelly, City Manager, will begin a staff level review of the peacock activity in this area and bring back a report for the Council's discussion. REPORTS FROM ELECTED OFFICIALS MARSHALL SEGAL CHANDLER KOVACIC WUO Noted the recent Whiskers and Tails event and thanked Kristen Olafson and the Parks and Recreation Department for their participation; Thanked Congressman David Dreier who was able to fund several water projects in the city; Announced the upcoming Military Tribute Sign unveiling and invited members of the public to attend. No items to report. Thanked Congressman David Dreier for his assistance in procuring funding for regional water Noted that the outgoing Boards and Commission Members had served two full terms and were not eligible for reappointment, but exclaimed that each would have gladly served additional terms if allowed. Commented that he and Council Member Chandler attended a recent Arcadia Chinese Association "Get to Know You" event; thanked the outgoing and incoming Board and Commission Members. 3 07-19-05 2. Motion Roll Call 47:0069 CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the Julv 5. 2005 Reoular Meetino, Recommendation: Approve I CONSENT CALENDAR - CI'TY COUNCIL , I i b. Minutes of the Julv 5. 2005 Reoular Meetino, Recommendation: Approve c. Renewal of Local Emeroenev Proclamation for Winter Storm Damaoe. Recommendation: Approve d. Award a contract 'extension to Traffic Ooeration. Inc. for street strioino and pavement markino services in the amount of $75.704. Recommendation: Approve , e. Resolution No. 6469 - A Resolution of the City Council of the City of Arcadia. California. establishino procedures and reouirements for consideration of Develooment Aoreements. Recommendation: Adopt f. Authorize the City Manaoer to enter into a contract extension with National Services. Inc. in the amount of $60.000 for the Annual Sewer Closed Circuit Television Insoection Prooram. I Recommendation: Approve Introduce Ordinance No. 2209. Amendino Article III. Chaoter 9 of the Arcadia Municioal Code Relatino to Public Safety Alarms. Recommendation: Introduce I g. h. Aoorooriate $25.000 in Prooosition C Local Return Funds. oenerated from the $3.000.000 Prooosition C Reserve Account. for various technical document exoenses oertainino to the Gold Line Phase II. Recommendation: Approve Council Member Kovacic had questions regarding item 2.e. on the Council agenda regarding Development Agreements; the Council noted that the language of Resolution No. 6469, Section 106 should be amended to read "each application shall include without limitation a physical representation in such scale and detail as approved by the City Manager." A motion was made by Agency/Council Member Kovacic, seconded by Agency/Council Member Marshall, and carried on roll call vote to approve items 2.a. through 2.h. on the Redevelopment Agency/City Council Consent Calendars item, exclusive of item 2,e, which was amended, then approved, by the City Council/Redevelopment Agency. Ayes: Noes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo None I 4 07-19-05 I I I 3. Motion RollCall 47:0070 CITY MANAGER a. Ordinance No. 2206 - Requlatinq cable. video. and telecommunications service. Recommendation: Adopt Mr. Deitsch presented the staff report; he noted that the City's charter allows the City to establish, by ordinance or resolution, procedures governing the granting of franchises; since 1985, the City has not had any change in the ordinance in place governing the granting of cable television franchises; due to many changes in technology and in state and federal laws during the past twenty years, City staff believe that it is necessary to recommend the adoption of new governing policies for cable television, open video systems, and multichannel video programming providers that use the public rights of way; tonight's proposed ordinance sets forth policies for the manner in which a cable television operator, a multichannel video programming provider, OVS or other video programming provider that uses the public rights of way within the City to deliver service, applies for, qualifies for, and is granted a franchise agreement, regardless of the technology being proposed; under the proposed ordinance, OVS operators take essentially the same form as a traditional cable 'TV franchise albeit with some important differences; in all cases, the rights to require an application fee, rights to evaluate the applicant's financial, technical ,ar qualifications, and rights to require public benefits in light of community needs; staff recommendation is to adopt proposed Ordinance No. 2206. Phil Rubina, Adelphia Communications, appeared to speak regarding the proposed cable ordinance.The City Council engaged in discussion regarding impacts of the proposed Ordinance, and the City Attorney responded to several questions posed by the representative from Adelphia Communications; the City Attorney also submitted for the official record a letter from SBC proposing language amendments to the proposed Ordinance; the City Attorney did not recommend any changes to the language proposed by the Ordinance and recommended approval of the Ordinance as written. A motion was made by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to adopt Ordinance No. 2206, An Ordinance of the City Council of the City of Arcadia, California, regulating cable, video, and telecommunications service. Ayes: Noes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo None b. Gold Line Liqht Rail Station Desiqn and Art Review Committee Final Artist Selection and Prooosed Station Platform Elements. Recommendation: Approve and Provide Direction 5 07-19-05 Staff Report Motion Roll Call Motion 47:0071 Martha Eros, Transportation Services Officer, presented the staff report; On November 2, 2004, the Arcadia City Council reviewed staff's recommendation to create a Station Design and Art Review Committee that helped formulate the City's vision of public art at the I future Gold Line light rail transit station; On November 16, 2004 the Arcadia City Counei, appointed six (6) community members to the Art Committee to determine the aesthetic aspects of the future rail station; Following a series of planning meetings and scrupulous discussion, the Art Committee has ranked the top three (3) artists for City Council consideration; the three artists are Michael Davis, Cheri Gaulke, and Lynn Goodpasture. The City Council moved to the City Council Conference Room to continue the meeting and examine samples of each artist's work. They then returned to the Council Chamber. A motion was made by Council Member Segal, seconded by Council Member Marshall, and carried on roll call vote to select Michael Davis as the final Gold Line Station Artist as recommended by the Station Design and Art Review Committee, and approve the architectural elements and station components for the station. Ayes: Noes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo None c. Reauest from Dave and Buster's for interoretation of Resolution No. 6199 to allow for outdoor entertainment. Recommendation ': Deny req uest I Mr. Penman presented the staff report; Dave and Buster's opened at Westfield Santa Anita in October 2004 as part of the expansion of the Mall; the owner's have requested that they would like to host karaoke and/or live music on the outfoor roof top area; staff has determined that this type of use is not permitted per Resolution No. 6199, which in part governs allowable uses at the Mall; t~e owners disagree with this staff interpretation and have requested an interpretation by the City Council. Brian Soain, repr~senting Dave and Busters, appeared to request City Council interpretation of the Resolution. I Steve Burn. 408 Cambridge Drive, representing the Rancho Santa Anita Homeowners Association, appeared to support staff's recommendation that the City Council concure with staff's interpretation of Resolution No. 6199. Staff responded to several inquires from Mr. Spain and the City Council regarding this matter; it was the Council's opinion that Dave and Buster's owners may apply for a Conditional Use permit.' A motion was made by Council Member Marshall, seconded by Council Member Chandler, and carried on roll call vote to concur with the staff interpretation of Section 2, Paragraph 16, of Resolution No. 6199 that outdoor live music is not a permitted use and that should Dave and Buster's wish to pursue such a use they would need to apply for a Conditional Use Permit per the Resolution. I 6 07-19-05 47:0072 Roll Call Ayes: Noes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo None I d. Arcadia Transit Performance and ODeratina Audit Recommendations Recommendation: Implement Recommendations Martha Eros, Transportation Services Officer presented the staff report; as a recipient of federal and state funds the City of Arcadia participates in performance audits that provide suggested recommendations in order for Arcadia to remain an eligible fund recipient; based upon the latest audits, staff is recommending changes in the level of service with the elimination of all morning school trips and elimination of the General Public monthly pass. Council Member Kovacic noted that he is in disagreement with staffs recommendation to eliminate the morning school trips as they provide a needed service to many students in the area. Motion A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried on roll call vote to approve the recommendation to eliminate morning school service to all Arcadia area schools beginning Fall 2005 and eliminate the $22 general public monthly pass program. Roll Call Ayes: Noes: Council/Agency Members Chandler, Marshall, and Wuo Council/Agency Members Segal, Kovacic ADJOURNMENT I At the City Council adjourned this meeting at 10:20 p.m. in memory of Chris Bade to August 2, 2005, 6:00 p.m. in the Council Chamber Conference Room. ATTEST: I 7 07-19-05