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HomeMy WebLinkAboutDECEMBER 6,2005 MINUTES Arcadia City Council/Redevelopment Agency I 47:0110 TUESDAY, DECEMBER 6,2005 5:00 p.m., City Council Chamber Conference Room ROLL CALL PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None AUDIENCE PARTICIPATION - (S minutes per person) Chris Sutton, appeared to address the Council on item c. on the Closed Session Agenda. Manny Romero, appeared to address the Council on item c. on the Closed Session Agenda. CLOSED SESSION a. Pursuant to Government Code Section S49S6.9(a) to meet with legal counsel regarding the case of Vahe Manoukian v. City of Arcadia, et al. (Pasadena Superior Court Case No. GC034867). b. Pursuant to Government Code Section S4956.9(a) to meet with le9al counsel regarding the case of Joseph T. Pulliam and Ethlyn J. Pulliam v. City of Arcadia, et al. (Pasadena Superior Court Case No. GC034221). I c. Conference with Real Property Negotiators (Government Code Section 54956.8) 55 W. Huntington Drive 21 Morlan Place 28 W. Santa Clara Street 41 W. Huntington Dnve 35 W. Huntington Drive 27 W. Huntington Drive 101 W. Huntington Drive 103 W. Huntin9ton Drive Negotiating Parties. Agency Paul Rusnak Hann Ung Shaw (Church in Arcadia) Don and Ray Dahlgren Mrs. Robert Johannsen/Manuel De Jesus Romero Gary and Dan Braun (35 W. Huntington Partners) Richard Fisher (Templekadian) Charles Frandson James Dorr Deputy Executive Director and Economic Development Manager Under Negotiation - Price and terms of payment d. Pursuant to Government Code Section 54956.8 conference with real property negotiators. Property Description: Negotiating Parties: Southerly parking area of Santa Anita Race Track property City: City Manager, Assistant City Manager/Development Services Director and City Attorney Property 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 I 1 12-6-05 47:0111 INVOCATION 7:00 p.m. in the Council Chamber I Reverend Brenda Simonds, Arcadia Methodist Hospital I PLEDGE OF ALLEGIANCE Jo Ann Hunter I I PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, reported that the City Council met tonight in Closed Session in order to discuss four (4) matters on the agenda. There was no reportable action taken by the City Council on any of the items. , 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. I PRESENTATIONS a. Presentation of Certificate of Commendation to Monika Yeh. I 1. PUBUC HEARING - CITY COUNCIL All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. I a. , An Aooeal of PJannina Commission's denial for a ora Dosed tentative maD (TM 63552) for a 5-lot subdivision at 1221-5 South Second Avenue and 150 East La Sierra. Recommendation: Deny appeal Staff Report I Don Penman, Assistant City Manager/Development SelVices Director and Donna Butler, Community Development Administrator presented the staff' report; staff noted that the Tentative Map Application No. 1M 63522 was submitted to create five residential lots from three existing lots at 1221 and 1225 S. Second Avenue, and 150 E. La Sierra Drive; the Planning Commission voted 4,1 to deny this application and an appeal was submitted by the property owner; staff is recommending denial of the appeal because one of the proposed lots has a substandard lot width. Staff responded to various inquiries made by the City Council regarding potenttal opttons for the subdivision of this property. PubliC Testimony John Barker. owner of 1225 Second Avenue, appeared to speak in support of the approval of Tentative Map TM 63552. Gordon Maddock. 900 50uth First Avenue, appeared to speak in support of the approval of Tentative Map 1M 63552. Kent Lin, 165 E. La Sierra Drive, ~ppeared to speak in opposition to the approval of Tentative Map 1M 63552. Motion to Close Public Hearing A motion was made by Council Member Chandler, seconded by Council Member Marshall, and noting no further objection the Mayor closed the public hearing. I I 2 12-6-05 City Council I Deliberation Motion Roll Gall Pubiic Testimony I Motion to Close Pubiic Hearin9 City CouncIl Deliberation Motion Roll Gall Staff Report I AYES: NOES: 47:0112 In response to an inquiry from Counc,l Member Chandier, Ms. Butler noted that staff would prefer one (1) substandard lot, rather than two (2) in this case. Mayor Wuo and Council Member Marshall expressed that granting this appeal would not set a precendent for the neighborhood. A motion was made by Coundl Member Kovacic, seconded by Council Member Chandler, to approve Tentative Map No. TM 63552, overturning the denial of the appiication by the Planning Commission. Council/Agency Members Kovacic, Chandler, Marshall, Segal, and Wuo None. b. TransDortation Master Plan and Resolution No. 6495. adootina TransDortation Imoact Fee Proaram. Recommendation: Approve and Adopt AYES: NOES: Mr. Penman, and Philip Wray, City Engineer, presented the staff report; staff recentiy updated the Transportation Master Plan which projects traffic growth over the next 25 years on the 27 most critical signalized Intersections in need of improvements; based on the results of the update, a Transportation Impact Fee Program has been prepared to help fund the improvements; the Program proposes a fee for all new development, is consistent with state law, establishes a "fair share" contribution from new development based on the number of p.m. peak-hour vehicle trips added to the City's arterial network; staff is recommending approval of the fees. In response to an inquiry by Council Member Kovacic, staff will be working with Los Angeles County to address traffic at Michillinda Avenue and the remaining intersections, which are shared by Los Angeles County and the City of Ar(,J'lrli~. Judie Marvin Romire, appeared to speak in approval of this Item. A motion was made by Council Member Chandler, seconded by Council Member Marshall, and noting no further objection the Mayor closed the public hearing. None. A motion was made by Coundl Member Kovacic, seconded by Council Member Chandler, and carried on roll call vote to approve the Transportation Master Plan and adopt Resolution No. 6495, a resolution of the City Council of the City of Arcadia, California, setting a transportation impact fee for new development in the City of Arcadia; in addition, the prorated costs of the three intersections on Mlchillinda will be added to the Impact Fee Analysis and an amended Resolution be placed on a future Council Agenda for Council's consideration. Council/Agency Members Kovacic, Chandler, Marshall, Segal, and Wuo None. c. Resolution No. 6498. formallv terminatina a cable television franchise acreement between the City of Arcadia and Altrio Communications. Inc. Recommendation: Adopt Resolution No. 6499. aoreement between the City of Arcadia and Chamolon Broadband Galifornla. LLG. arantlnc nonexclusive riahts to construct and ooerate an Ooen Video Svstem in the City of Arcadia and settlno forth terms and conditions relatina to the exercise of those riohts. Recommendation: Adopt Tracey Hause, Administrative Services Director, and Jeff Ballinger, representing the City Attorney's Office, presented the staff report; staff is requesting that the City Council formally terminate the cable teievision franchise agreement with Altrlo Communication as they no longer exist as a corporate entity doing business in the CIty of Arcadia; staff is also recommending the City Council conduct a public hearing to consider an a9reement between the City of Arcadia and Champion Broadband setting forth terms and conditions to grant nonexclusive rights to construct and operate an Open Video System. 3 12-6-05 Public Testimony Motion to Close Public Hearing City Council Deliberation Motion Roll Call AYES: NOES: Staff Report Public Testimony Motion to Close Public Hearing d. Motion City Council DelIberation Roll Call Staff Report Public Testimony Motion to Close Public Hearino City Council Deliberation Motion AYES: NOES: e. 47:0113 None. A motion was made by Council Member Chandler, seconded by Council Member Segal, and noting no further objection the Mayor closed the public hearing. I None. A motion was made by Council Member Segal, seconded by Council Member Kovacic, and carried on roll call vote to approve Resolution No. 64gB, a resolution of the City of Arcadia, California, formally terminating a cable television franchise agreement between the City of Arcadia and Altrio Communications, Inc. and approve Resolution 6499, a resolution of the City Council of the City of Arcadia, California, conditionally approving an open video system (OVS) agreement with Champion Broadband, LLC, a Wyoming Limited liability Company. Council/Agency Members Segal, Kovacic, Chandler, Marshall, and Wuo None. : I Resolution No. 6505. cable franchise transfer from Adelohia to ComcastfTime Warner. Recommendation: Adopt i Tracey Hause, Administrative S,ervices Director, presented the report; staff Is recommending that the City Council conduct a public hearing to consider a conditional assignment of a Cable Television Franchise from Adelphia Communications Corporation to la subsidiary of TIme Warner Cable, CAC Exchange II, LLC. r None. r A motion was made by Council Member Segal, seconded by Council Member Kovacic, and notmg no further objection the Mayor closed the public hearing. None. I A motion was made by Counal Member Chandler, seconded by Council Member Marshall, and carried on roll call vote to approve Resolution 6505, a resolution of the City Council of the City of Arcadia, California, conditionally authorizing the assignment and change o~ control of a cable television franchise by century-TCI California, lLP, to CAe Exchange II, LLG. Council/Agency Members Chandler, Marshall, Kovacic, Segal, and Wuo None. ' Resolution No. 6497. establishino fees for sinole-famllv architectural desl"n review. Recommendation: Adopt Mr. Penman and Ms. Butler presented the staff report; staff noted that the City Council had previously approved Text Amendment 200S.04 adding single.family design review to the Architectural Design Review regulations in the Arcadia Munlcipai Code and introduced Ordinance 2213, amending certain section of the municipal code relating to Architectural Design Review; staff presented fees for the design review which must be established by Resolution of the City Council. , I None. I I A motion was made by Council Member Kovacic, seconded by Council Member Marshall, and noting no further objection the Mayor closed the p:ublic hearinQ. None. A motion was made by Council Member Kovacic, seconded by Council Member Chandler, and carried on roll call vote to adopt Resolution No. 6497, a resolution of the City Council of the City of Arcadia, establishing fees for single.famlly residential architectural desian review. I 4 12-8-05 Roll Call I Staff Report Public Testimony Motion to Close Public Heanna City Council Deliberation Motion Roll Call 47:0114 AYES: NOES: Council/Agency Members Kovadc, Chandler, Marshall, Segal, and Wuo None. f. 200S Urban Water Manaoement Plan (UWMP) Uodate. Recommendation: Approve Pat Malloy, Public Works Services Director, and Tom Tait, Field Services Manager, presented the report and a power point presentation; staff noted that the Urban Water Management Planning Act requires urban water suppliers to describe and evaluate sources of water supply, efficient use of water, demand management measures, implementation strategy and schedule, and other relevant information and programs; Urban water suppliers are required to update their Urban Water Master Plan (UWMP) every S years and staffs presentation tonight is to present the 2005 update to the adopted 2000 UWMP; staff recommends that the City Council conduct the public hearing and adopt the UWMP. Judv Marvin Romine. appeared to speak in support of the approval of this item. A motion was made by Council Member Chandler, seconded by Council Member Segal, and noting no further objection the Mayor closed the public heannq. None. A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried on roll call vote to adopt the City of Arcadia's 2005 Urban Water Management Plan Update and direct staff to submit it to the State Deoartment of Water Resources. AYES: NOES: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo None. AUDIENCE PARTICIPATION - (S minutes per person) I Joann Hunter. representing the Arcadia Public library Foundation, appeared to speak regarding a variety of upcoming events at the Library. Red Forrest, appeared to present the Council with an original recording of "Seabiscuit Run." Judith Romine. appeared to speak regarding a traffic ticket issue. Joe Borland. appeared to speak requesting an additional appeal to the City Council regardin9 a previously appealed item. CHANDLER REPORTS FROM ELECTED OFFICIALS Brian Miles. appeared to speak reqardinq Mr. Borland's request for an additional appeal before the Citv Council. KOVACIC MARSHALL SEGAL IwUO Wished the community "Happy Hoildays"; noted the dates City Hall would be closed; provided an update regarding recent mail thefts in Arcadia. Thanked Mr. Forrest for the original recording; responded, via the City Attorney, to Mr. Borland's request for an additional appeal; made reference to the upcoming holiday recreational and social events around Arcadia; noted that December 7th is Pearl Harbor Remembrance Day; wished all in the community a "Happy Hoildays." Thanked each member of the public who chose to speak attonighfs meeting; reminded the community of the Christmas Tree recycilng program provided by the Sanitation District, and wished all members of the community a "Merry Christmas and New Year." Wished everyone a "Happy Holiday and New Year; " reminded the community to drive carefully during the holiday season; requested that the matter of retirement insurance benefits for City Council Members be placed on a future agenda (Marshall and Wuo supported); invited the community to the upcoming Breakfast with Santa and Hoilday Snow Party on December 17th. Thanked Mr. Forrest for the Seabiscult CD; noted the Chamber of Commerce' recent anniversary; invited members of the publiC to attend the annual Breakfast with Santa event. 5 12-6-05 CITY MANAGER BILL KELLY 2. i. j. k. I. m. 47:0115 Noted that tonight would be Community Development Administrator Donna Butler's last City Council meeting as she has announced her retirement from the City; he thanked Ms. Butler for her years of dedicated service to the City. I CONSENT CALENOAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes nf the November 15 2005 Reaular Meetina and November 16. 2005 50ecial Meetina. Recommendation: Approve . CONSENT CALENDAR - CITY COUNCIL' b. Minutes of the November 15. 2005 Reaular Meetina and November 16. 2005 Soecial Meetina. Recommendat,on: Approve I I c. Resolution No. 6501. callina and DIvino notice of the holdina of a General Municioal Election to be held on Tuesdav. Aorilll. 2006, for the election of certain officers as reQuired by the orovisions of the Cltv Charter. ' Recommendation: Adopt d. Resolution No. 6502. adootina reaulations for candidates for elective office oertainina to Candidates Statements submitted to the electorate and the costs thereof for the General Municioal Election to be held on Tuesdav. Aorll 11. 2006. Recommendation: Adopt e. Resolution No. 6503, ordenno the canvass of the General MuniciDal Election to be heid on ADrll 11. 2006. to be made bv the eitv Clerk of the GiN of Arcadia. Recommendation: Adopt f. Resolution No. 6504. requestinG I the Board of Suoervisors of the County of Los AnGeles to oermit the ReGistrar-Recorder of said County to render soeclfied services to the City relatinG to the conduct of a General Municioal Election to be'held on Tuesdav. Aorilll. 2006. Recommendation: Adopt i I Resolution No. 6496. adODtina the Guidelines for sinGle-familv architectural desian review. Recommendation: Adopt I I g. h. Ordinance No. 2213. amendin" certain Sections of Article IX. ChaDter 2. Part 9. Division 5 of the Arcadia Municioal Code relatinG to architectural desiGn review. Recommendation: Adopt AceeDt all work Derformed bv Powell Enoineenno Construction for the Golden West Avenue Roadwav Rehabilitation. Waterline Rehabilitation and Sewer Renair Protect as comolete and authorize the final oavment to be made in accordance with the contract documents. sublect to a retention of $23.717.48. Recommendation: Approve Consideration of reouest bv Methodist HOSDitalto utilize three (3) temDorarv modular structures for classroom soace and toilet facilities for a maximum of fourteen (14) months. Recommendation: Approve Authorize the Citv Manaoer to enter into a Professional Services Aoreement with PhilliD Sexton for construction manaaement services durina the construction of Fire Station 105. . Recommendation: Approve I Authorize the City ManaGer to a~ard a ourchase contract to Home Decot for the Durchase of smoke alarms in the amount not to exceed $60.000. Recommendation: Approve I , Accent all work oerformed bv E. C. Construction for the Santa Anita Canvon Road Storm Reoalr Proiect as ccmnlete Bnd authorize the final oavment to be made in accordance with the contract documents. subiect to a retention of $42.310.97. Recommendation: Approve I 6 12.6.05 I Motion Roll Call 3. I Motion Roll Call I n. o. p. q. AYES: NOES: 47:0116 Authorize the City Manaaer to enter into a contract with Damon Construction Comoanv. in the amount of $292.000 for the concrete Dortlon of the 2005/06 Concrete ReDair Proiect. aDDrove a chanoe order with California Landscaoe Services. Inc. eeLS) in the amount of $30 000 for Tree Removal and Reolacement and relieve the aooarent low bidder of their bid obliaation. Recommendation: Approve Award a one-year Professional Services Aareement extension to The Ferauson Grouo for federalleoislative advocacv services in the amount of $65.000 beainnina Januarv 1. 2006. Recommendation: Approve Authorize the Citv Manaaer to enter into a Professional Services Aoreement with Donna Butler for Consultino Services on Santa Anita 50eclfic Plan/Caruso Proiect and Westfield Santa Anita Mall. RecDmmendation: Approve Acceot all work oerformed bv Service 1st Environmental for the Asbestos/Lead Base Paint Abatement Profect as comolete and authorize the final oavment to be made in accordance with the contract documents. sublect to retention. RecommendauDn: Approve A motion was made by Council Member Chandler, seconded by Council Member Segal, and earned on roll call vote to approve items 2.a. through 2. q. Dn the Arcadia RedevelDpment Agency and City Council Consent Calendars. City Council Member Kovacic nDted that he would abstain frDm voting on item 2. n. Council/Agency Members Chandler, Kovacic, Marshall; Segal, and Wua (KDvadc abstained from voun9 Dn Item 2.n.) None. a. CITY MANAGER AYES: NOES: 2006 Federal Leoislative Advocacv Priorities. Recommendation: Determine and Approve Mr. Kelly presented the report; staff noted that the City Council annually reviews and approves projects for which the City's leglslauve consultant, the Ferguson Group, wlli prlDritize in the cDming legislative session; staff is recommending that the City Council consider projects related to water, regional counter-terrorism training, and the Foothllis Special Enforcement Team, as the Oty's legislative prlortues. Council Member Marshall nDted the success Df the Fer9uson Group in assisting Arcadia obtain federal funding. A motion was made by Council Member Marshall, seconded by Council Member Segal, and carried on roll call vote to authorize staff to direct the Ferguson Group tD wDrk on behaif of the City of Arcadia to seek funding for the water, regional counter-terrorism training and Foothills Special Enforcement Team programs and authorize staff to submit any documents Dr application forms for federai funding as may be needed for each project. Council/Agency Members Marshaii, Segal, Chandler, Kovacic, and Wuo None. 7 12.6.05 b. Motion Roll Call AYES: NOES: 47:0117 Resolution No. 6506. determinlno that the Dublle interest and necessity demand the aCQuisition. construction. reoarr and renlacement of certain municioallmorovements and makina findinas relatioo thereto. Recommendation: Approve I Ordinance No. 2214. callina a municloal bond election for the Duroose of submittina to the electors of the City of Arcadia a measure orovidina for the issuance of oeneral obllaation bonds of the Citv for the aoouisition. construction. Installation and imnrovement of a arade seoaration for Santa Anita Avenue: declarino the estimated cost of the municioal imorovements. the amount of the orincioal of the indebtedness to be incurred therefore. and the maximum rate of interest to be oaid thereon: makina orovision for the levv and collection of taxes: fixino the date of the election as Aoril 11. 2006 and the manner of halrlino the same: and orovidina for notice thereof. Recommendation: Introduce I I Mr. Penman and Ms. Hause presented the report; staff has been directed to look at financing options for constructing the grade separation at Santa Anita; a two-thirds majority vote is required to place this item on the April 11, 2006 General Election Bailot. A motion was made by Council Member Segal, seconded by Council Member Marshall, and carried on roll call vote to adopt Resolution No. 6506, a resolution of the City Coundl of the City of Arcadia, California, determining that the public interest and nec~sity demand the acquisition, construction, repair and replacement of certain municipal improvements and making findings relating thereto, and to introduce Ordinance No. 2214, an Ordinance of the City of Arcadia, caliing a municipal bo,nd election for the purpose of submitting to the electors of the City of Arcadia, a measure providing for the acquisition, construction, installation and improvement of a grade separation for Santa Anita Avenue; declaring the estimated cost of the municipal improvements, the amoung of the principal of the indebtedness to be incurred therefore, and the maximum rate of interest to be paid thereon; making provision for the levy and collection of taxes; fIXing the date of the election as April 11, 2006 and the manner of holding the same; and providing for notice thereof. Council/Agency Members Segal, Marshall, Chandler, Kovacic, and Wuo None. I c. Consideration of Addendum No. II to the Environmental Imoact Reoort for the City of Arcadia General Plan. Motion Roli call AYES: NOES: Recommendation: Approve Resolution No. 6493. establishinc that comoliance with the Transoortation Master Plan ensures consistency with the General Plan. Recommendation: Adopt Mr. Penman and Ms. Butler presented the report; staff noted that during the City's recent review of the 1996 General Plan several strategies involving traffic circulation goals were identified that related to maintaining roadway operations at Dr better than Level of Service D during the non-racing season along all roadway links under control of the City of , Arcadia; as the City is updating its Transportation Master Pian the Development Services Department is recommending that the City Council adopt tonight's Resolution establishing that compliance w'th the Transportation Master Plan ensures consistency with the General Plan. A motion was made by Council Member Marshall, seconded by Council Member Segal, and carried on roll call vote to approve Addendum No.1. to the Environmental Impact Report for the General Plan and adopt Resolution No. 6493, a resolution of the City Council of the City of Arcadia, California establishing that compliance with the Transportation Master Plan ensures consistency with the General Plan. Council/Agency Members Marshall, Segal, Chandler, Kovacic, and Wuo None. I , I 8 12.6.05 ADJOURNMENT I 47:0118 The City Council adjourned this meeting at 10:30 p.m. in memory of Fred Richard Jahnke to January 3, 2006, 6:00 p.m., in the City Council Chamber Conference Room. ATTEST: I I 9 12-6-05