HomeMy WebLinkAboutJULY 19,2005
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47:0066
MINUTES
Arcadia City Council
and
Arcadia Redevelopment Agency
TUESDAY, JULY 19, 2005
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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
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SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
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REPORT FROM CLOSED SESSION
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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.
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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:
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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
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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.
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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.
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2.
Motion
Roll Call
47:0069
CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a. Minutes of the Julv 5. 2005 Reoular Meetino,
Recommendation: Approve
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CONSENT CALENDAR - CI'TY COUNCIL
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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
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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
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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
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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
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Staff Report
Motion
Roll Call
Motion
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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
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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.
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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.
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47:0072
Roll Call
Ayes:
Noes:
Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo
None
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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
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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:
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