HomeMy WebLinkAboutAPRIL 7,1998
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CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF
THE CITY CLERK
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
AP~I~ 7,1998
The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on
Tuesday, April 7,1997, at 7:00 p,m, in the City Council Chambers,
INVOCATION Reverend Gene Wallace, Episcopal Church of The Transfiguration
PLEDGE OF
ALLEGIANCE James Dale, Director of Administrative Services
ROLL CALL: PRESENT: Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
ABSENT: None
1, PRESENTATION
Chamber of
Commerce
President/CEO
2,
Expansion
Mgmt.
Magazine
Award
On behalf of the City Council, Mayor Harbicht presented a plaque of appreciation to
outgoing Chamber of Commerce President and CEO, Jana Costuma for her eighteen
(18) years of service to Arcadia, The Mayor expressed pleasure in working with Mrs,
Costuma and wished her well.
PRESENTATION
Elaine Cullen, Director of Business Assistance Programs, San Gabriel Valley Commerce
and Cities Consortium, in conjunction with the Economic Development Corporation of
Los Angeles County and the Los Angeles Marketing Partnership presented Expansion
Management Magazine's Gold Medal Award to the Arcadia Unified School District. Ms,
Cullen stated that the award was as a result of a quality of education survey conducted
by lhe magazine of approximately one-thousand (1,000) secondary schools nationwide,
The Gold Medal category is the top award of four award 'categories and consists of
districts that have graduate index scores and college results above the national average,
and the district spends well above the normal on education, Receiving the award on
behalf of the District were Arcadia Board of Education President Mary Dougherty and
board member Joanne Steinmeier.
Mayor Harbicht stated, in part, that over the years the City has recognized the
importance of schools to the community, The Mayor also stated that the City is
appreciative of the award and proud of Arcadia's schools,
Mrs, Dougherty expressed appreciation to Ms, Cullen for the award and commented, in
part, that the Arcadia Unified School district has wonderful students and parents,
community support, teachers and administrators that work together to establish the best
results for the students,
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SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
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None
4, QUESTIONS FROM CITY COUNCIU REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS
None
ORD, & RES,
READ BY TITLE It was MOVED by Council member Young, seconded by Councilmember Kuhn and
ONLY CARRIED that ordinances and resolutions be read by title only and that the reading in
full be WAIVED.
5,
Sa,
RENEWAL
CABLE TV
FRANCHISE
AGREEMENT
(TCI
Cablevision)
(CONTINUED
TO 4-21-98)
OS 10-.:i'U
PUBLIC HEARING
Community Relations Officer Cindy Rowe presented the staff report and
recommendation for the renewal of the cable television franchise agreemenl with
Cablevision of Arcadia/Sierra Madre, Inc, Miss Rowe stated, in part, that Federal law
provides the legal basis and framework for all cable television renewals; a complex and
lengthy process designed 'to assess franchise compliance, review customer service,
assess community needs related to future services and determine reasonable needs
related to governmental and educational access to the cable system.
The original 1985 franchise agreement expired in June 1995, was exlended to July 1997,
again exlended to December 1997, and currently is a month-to-month agreement. The
original document became the framework for the new agreement with major changes
reflecting the review process and current law, To assist with this process the City hired
Communications Support Group (CSG) as consultant. The negotiation process with TCI
took several months with review from the City Attorney, special legal council, John Risk
from CSG, and staff; all are satisfied the agreement will meet the needs of Arcadia
citizen subscribers as well as protect the City,
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John Risk, CSG, highlighted the major changes in the proposed agreement. Mr. Risk
also stated, in part, that the new agreement has been updated to include relevant state
and federal guidelines for customer service, technology changes, emergency operations
override, liquidated damages for failure to perform provision, surety bond, and
equipment grant to support televising of community events.
In response to Council Mr. Risk stated, in part, that the agreement has -a specific
customer complaint process outlined in which the customer who has first tried to resolve
the matter with the cable company may then seek the support of the City for resolution,
Mr. Risk also commented on the support TCI will provide for education and govemment
access and that there is a grant for such included in the agreement; the City staff and
Council have discretion as to how the grant funds are expended, He also stated that
there is potential and has been discussion about joint efforts between the City and the
school district for special community programs,
Mr. Risk commented, in part, that there are no direct competitors for the cable television
franchise because it is an expensive undertaking for the necessary cable hard wiring,
and other competition such as Direct Broadcast Satellite (DBS), wireless cable
companies, video stores, free television and other movie services, Under federal law
TCI has the right to renewal; if there is just cause finding TCI unworthy of renewal the
City has a right to deny the renewal. No cause has been seen for denial of renewal. The
agreement is non-exclusive, which means at any time a competitor could apply with the
City for a cable franchise,
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Customer complaint and remedies provisions of the agreement were discussed at
length.
City Attorney Mike Miller supplemented clarification regarding the framework and
utilization of the agreement's $80,000 Assurity Fund stating, in part, that $30,000 is
deposited in a bank and $50,000 is a Letter of Credit. During the last twelve (12) years
the City has not experienced a draw down of any Letter of Credit. The City also utilizes
letters of credit in other areas of its business; it has a good history and is reasonable as a
security instrument. Mr. Risk commented that the matter of how the Letter of Credit is
funded will be studied and brought back to Council if the franchise renewal is continued.
Community concerns discussed were required payment for the Preview Channel,
lessening of community programming, rate increases, complaint resolution chain-of-
command, and TCI proposed rate changes. It was noted that Federal law allows TCI to
deduct expenses for community programming against their franchise fees.
In response to the Mayor's inquiry regarding programming offered, Mr. Risk stated, in
part, that the City only has very broad input as to the categories of programs offered,
citizens have direct input by requesting specific programs or channels. There are
provisions in the agreement for leased access by a third party, and two-way internet
access. The City also has the authority to review proposed rates within 90 days prior to
implementation and the right to determine reasonableness of the proposed rate. TCI has
the right of appeal to the City's decision regarding rates and the FCC inteNenes for the
final determination.
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TCI General Manager Kurt Taylor addressed issues of the customer complaint
procedure, power outages, preview guide, rate changes, anticipated and recent
community programming, a channel addition to the expanded basic package, leased
access, and the capital grant of $393,000 included in the agreement.
TCI Director of Franchising, West Division, Susie Evans requested Council continue this
matter for two (2) weeks as TCI is in the final process of legal review which could not
occur earlier due to a lawyer's vacation. The lawyer expressed some issues to Ms.
Evans which they feel are fairly simple and do not anticipate there will be any concem
with the real substance of the agreement. Further, it was noted that TCI has a letter of
intent to merge its operation with Century Communications.
Mayor Harbicht commented on the previous agreement's expiration and extensions,
published notice of this hearing, the upcoming City Council election, and possibility of
new Council members involved in the decision process if the continuation is granted. Ms.
Evans stated that a signed acceptance of the agreement will be given to the City within
one (1) week, seven (7) days in advance of the next Council meeting and that it is critical
TCI have legal review of the agreement. City Attorney Miller commented on the
involvement of Century needing to review the entire agreement document. Ms. Evans
stated that TCI has signed a letter of intent for joint partnership with Century; Century
has reviewed the subject agreement and their comments shared with the City, and it is
expected that any modifications will be minor. Mayor Harbicht stated that the Council
would take this information under advisement.
Mayor Harbicht OPENED the Public Hearing.
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Jerry Selmer, 55 E. Arthur Avenue, urged Council to give serious consideration to
awarding the cable franchise agreement to a company other than TCI. He stated it was
hiS opinion that TCI is not offering programming tailor-made for Arcadia; it is essentially
the same Ime-up of programming they provide to every other franchise in the San
Gabriel Valley. Responses to his numerous requests to TCI for specific channels are
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always that there is not enough channel capacity to accommodate the request. Cable
maintenance service he has received from TCI has been poor while rates have
increased year after year.
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GeorQe FaschinQ, Arcadia resident, commented, in part, on the five (5%) percent
franchise fee TCI charges customers on each billing, thus reimbursing themselves for
the franchise fees paid to the City. He stated this concern should be reviewed.
Lvle Wilson, Arcadia resident, stated, in part, that as a result of his constant problems
with TCl's service and charges, he has converted to a Direct Satellite System. He also
commented that it was his opinion that TCI was giving Arcadia the limited programming
offerings because of the lack of competition. Mr. Wilson recognized the expense a cable
company must Incur to install their lines, but also commented that he felt TCI has not
done an adequate job and he would not vote to extend their franchise.
Lee Miller, 1011 W. Duarte Road stated, in part, that she has had longstanding service
problems with TCI; service representatives have hung up on her and her calls are not
returned. She also stated that she has received numerous rate increases, program
offerings have been initiated and then subsequently removed. It was her opinion that TCI
is not doing an adequate job. Mrs. Miller encouraged Council to seek'altemative cable
providers.
It was MOVED by Council member Young, seconded by Councilmember Kuhn and
carried to CLOSE the Public Hearing for this date and to CONTINUE the Public Hearing
to a future date.
Council member Chang related his personal experience with TCI and shared results of I
his survey of Arcadians regarding the cable company. Comments made by the survey
respondents read by Dr. Chang included such items as poor service, costly, the
decreasing number of channels, picture quality, service needs improvement, more
competition needed, and additional channels without increased charges.
Mayor Pro tem Kovacic commented that Council received the agreement on Monday
and that both the City and TCI have concerns that should be addressed. He suggested
Council take another look at the agreement and perhaps tightening it up to avoid some
of the problems expressed by the citizenry. Mr. Kovacic would not be opposed to a
continuance.
In response to City Attomey Miller's query regarding Council's redirecting the
negotiations and wording of the agreement, Mr. Risk agreed it could take longer than the
requested two (2) week continuance. Mr. Risk suggested that Council not place a date
on the continuance, but simply state no action would be taken this date; and that the
item be retumed to counsel and staff for determination of the next step. Considerable
discussion ensued regarding the continuance.
Community Relations Officer Rowe responded to Councilmember Chang's inquiry as to
the difference between the first agreement and the proposed agreement. With respect
to complaint resolution both agreements are very similar although there have been
phrase changes to add clarity and new law requirements have been reflected. Dr.
Chang commented that if wording was changed only to add clarity, the agreement does
not provide for effectively dealing with customer complaints, thus he has no confidence
in the proposed agreement. Ms. Rowe commented that if there is a change in the
dynamics of the City Council in the upcoming election a time consuming re-education I
process must take place for further action by Council after this date.
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Mayor Harbicht suggested that Council agendize this item for the next regular Council
meeting with direction to staff to not agendize it if a signed agreement is not received
from TCI in the stated seven (7) days.
II was MOVED by Councilmember Young, seconded by Mayor Harbicht and CARRIED
on a roll call vote as follows to CONTINUE this item and the Public Hearing to April 21,
1998 and DIRECTED staff to not agendize at that time if the. City has not received a
signed agreement from TCI within the stated seven (7) days.
AYES:
NOES:
Council members Chang, Kovacic, Kuhn, Young and Harbicht
None
5b.
AMEND CDBG Deputy City Manager/Development Services Director Don Penman presented the staff
PROGRAM report and recommendation of the 1998-1999 Statement of Objectives and Project Use
FUNDING - of Prior Years Unallocated 'Community Development Block Grant (CDBG) Funds. Mr.
FY 1998-99 Penman stated, in part, that it was recently leamed the City will receive an additional
(APPROVED) $58,088 in 1996-97 unallocated funds. After reviewing various altemate uses for these
0'5'.30 ~(l funds staff recommended that the additional funds be allocated to the ADA (American
- Disabilities ActlTitle 24) Compliance program to purchase all necessary equipment and
materials to retrofit City Hall to meet Title 24 requirements. Retrofitting will include, but
not be limited to the City Hall restroom facilities. Since General Fund monies have
already been allocated for the overall City Hall project allocation of the CDBG Funds for
the restrooms could result in savings to the General Fund.
In response to Councilmember Kuhn's inquiry, staff responded that use of the $58,088
CDBG Funds should help the City complete all ADA requirements for City Hall subject to
the bidding process.
. Council member Young commented that she felt this will be a good use of those monies
as these improvements are much needed.
Mayor Harbicht OPENED the Public Hearing.
No one came forward to address Council either for or against allocation of the CDBG
Funds.
It was MOVED by Mayor Pro tem Kovacic, seconded by Councilmember Young and
CARRIED 10 CLOSE the Public Hearing.
It was MOVED by Councilmember Chang, seconded by Council member Kuhn and
carried on a roll call vote as follows to APPROVE the allocation of $58,058 in prior
year's Community Development Block Grant (CDBG) funds towards the ADA retrofit of
City Hall; and AUTHORIZE the City Manager to EXECUTE the Memorandums of
Understanding which are submitted to the County at a later date.
AYES:
NOES:
Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
None
5c. 0 3 ~ 0 -,.,if)
BINGO Community Development Administrator Donna Butler presented the staff report and
PERMIT - recommendation for the request by the Arcadia Chinese Association for a Bingo Permit
Arcadia for May 2, 1998 to conduct bingo games as a fund raiser at the Community Center.
Chinese Miss Butler stated, in part, that this is the first request by lhe Arcadia Chinese
Association Association. 'The Association is requesting one (1) night only, however because there is
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(APPROVED) a $150 fee the City did notice it for three (3) nights which the Association stated perhaps
during the year they might like to hold Bingo for two (2) other nights.
5d.
ORDINANCE
NO. 2088 -
AMEND AMC
RE: SOUND
TRANSMSN.
CONTROL
(INTRODUCED)
(h~t)_ 0<;;
I'
The Mayor OPENED the Public Hearing.
No one came forward to address Council either for or against the Arcadia Chinese
Association's request for a Bingo Permit.
It was MOVED by Councilmember Kuhn, seconded by Councilmember Young and
CARRIED to CLOSE lhe Public Hearing.
It was MOVED by Councilmember Chang, seconded by Mayor Pro tem Kovacic and
carried on a roll call vote as follows to APPROVE the request to hold Bingo as a
fund raiser for the Arcadia Chinese Association and allow up to three (3) events per year.
AYES;
NOES:
Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
None
Deputy City Manager/Development Services Director Don Penman presented the staff
report and recommendation to introduce Ordinance No. 2088, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING SECTION 8130.35 OF THE ARCADIA MUNICIPAL CODE RELATING TO
SECTION 1208 - SOUND TRANSMISSION CONTROL."
Mr. Penman stated, in part, that in the 1970's the City Council adopted a sound
attenuation standard of STC.58 for R.l occupancies (hotels, motels, condominiums,
guest quarters and apartments). Stonebridge Companies, the developer of the proposed
Hilton and Marriott Hotel project, requested that the City revise its building code standard
to STC-52. The higher standard results in higher construction costs for the developer
and the higher standard is unnecessary. Hilton Hotels require STC-52 and the Uniform
Building Code (UBe) requires STC.50. Staff surveyed larger tourist cities in the area
and all have a sound wall standard of STC-50, including the City of Monrovia.
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Staff had no objection to amending the Arcadia Municipal Code to reduce the sound
transmission classification standards to STC-52 for hotels and motels pursuant to the
Stonebridge request. However, staff recommended that the City retain the STC-58
standard for apartments and condominiums in order to insure a quiet environment in
those residential units.
In response to Mayor Pro tem Kovacic's inquiry Mr. Penman stated that when measuring
the STC it is measuring the amount of sound heard from extemal sources within the
building's room, and the building material determines how well the sound level is
reduced. The STC measurement is geared for guest rooms room-to-room; there would
be different STC standards for other portions of the motel or hotel. The differences in
construction materials and techniques of the two standards was explained.
Mayor Harbicht OPENED the Public Hearing.
Mark Lionberger, Director of Development for Stonebridge Companies stated, in part,
that he personally will oversee the development and construction of the hotel projects in
the City. In response to Mayor Pro tem Kovacic's question, Mr. Lionberger commented
that if this request is approved, the developer will still use lhe STC-60 for mechanical or
laundry to guest room situations. Mr. Lionberger also commented that at STC-52 the
room-to.room sound transmission would occur if a huge stereo were tumed up very loud
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and thumping on the wall; average hotel room noise cannot be transmitted room-to-room
with the STC-52.
It was MOVED by Councilmember Young, seconded by Councifmember Kuhn and
CARRIED to CLOSE the Public Hearing.
Mayor Pro tern Kovacic commented that this has been the' only developer to request an
STC modification; should it be handled case-by-case or with the requested ordinance
modification. Staff considered both options of handling the request and after surveying
other cities, it was detennined that the STC.58 requirement was not reasonable.
Councilmember Chang commented that this would be a reasonable, business-friendly
accommodation for Council to approve.
It was MOVED by Councilmember Chang, seconded by Councilmember Young and
carried on a roll call vote as follows to INTRODUCE Ordinance No. 2088,' eniitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING SECTION 8130.35 OF THE ARCADIA MUNICIPAL CODE RELATING TO
SECTION 1208 - SOUND TRANSMISSION CONTROL."
AYES:
NOES:
Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
None
AUDIENCE PARTICIPATION
Garland Roberson, Sullivan's Paint, 134 E. Huntington Drive, announced that the
Arcadia Business Association's Farmers Market will open on Saturday, April 18, 1998 at
7:30 a.m. with opening ceremonies at1 0:00 a.m. Mr. Roberson stated that there will be
a variety of vendors ranging from fresh produce to prepared food items. Fanner's
Market Manager Kirk Minard has obtained vendors new to the area making this market
unique. Communication with the County Health Department has centered around lhe
necessary vendor pennits. .
Wanda Cox, Arcadia resident, commented that she had mailed a letter to the City
regarding a police matter involving her brother on March 18; she asked when she would
receive a response. Police Chief Ronnie Gamer informed Mrs. Cox he had mailed the
response on April 3.
Drew Krvnicki, 321 Le Roy Avenue, thanked Mary Young for her many years of
dedicated service to the City. Mr. Krynicki stated, in part, that he will be voting no on
Measure A because he does not feel it is a prudent financial measure for the City; that it
is designed more to balance the City budget rather than going to one specific area. Mr.
Krynicki commented on various City revenue sources, City staff salaries and a salary
survey. He also commented that he is not opposed to the idea of raising taxes to
increase services as he exhibited with his support of the Fire Suppression District last
year. Mr. Krynicki suggested the City find an altemative funding source for the Youth
Master Plan such as through disbandment of the Redevelopment Agency.
Gail Marshall, 2300 Block Lee Avenue, thanked Mary Young for her years of service to
the City and wished her a happy retirement. Mrs. Marshall encouraged Arcadians to
vote in the election on April 14 and commented, in part, that City elections are often
decided by a small margin of votes and affect its citizens directly with decisions on such
matters as police and fire protection, business development, youth and senior programs.
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7.
ALFORD
Gen. Muni.
Election
YOUNG
Trash Can
Storage
National
Volunteer
Week
KUHN
Fire Dept.
Pancake
Breakfast
National
Library Week
Mary Young
CHANG
Fire Dept.
Pancake
Breakfast
Sidewalk
Maintenance!
Street Light
Installation
40:0078
Dorothv Denne, responded to previous audience comments stating, in part, Measure A is I"
a user tax that, if passed, will be imposed on all residents not just homeowners and has
a short-term sunset clause of four (4) years. Mrs. Denne also commented that
information made by audience participants needs to be examined before being accepted
as given fact.
MATTERS FROM ELECTED OFFICIALS
City Clerk June Alford encouraged voters to turn out for the April 14 election and
reminded them that every vote is important. Mrs. Alford commented that voters may
telephone the City Clerk's office for polling place locations if they have lost or misplaced
their sample ballot. She also stated that lhe central counting place for the election's vote
tabulation for this election will be in the City Council Chambers and open to the public.
The vote tabulation will also be televised on cable television channel 20.
Councilmember Young' requested that reminder notifications be sent to residents
regarding appropriate storage of trash cans as required by City ordinance.
Mrs. Young announced that April 19 marks the beginning of National Volunteer Week
and thanked Arcadians who volunteer for numerous organizations in the City such as the
Methodist Hospital, Red Cross, Heart Association, Chamber of Commerce, and the
Arboretum. She stated that Arcadia also has many service organizations who combine
lheir efforts to help those in need. Council member Young also gave a special thank you
to the City volunteers in programs such as Senior Citizens, Police Department, Fire
Department and the Library, and commented that everyone benefits from the volunteer's
generosity and through those efforts Arcadia residents receive a level of service that
otherwise would not be possible.
Councilmember Kuhn thanked the Fire Department and the Arcadia Firefighters
Association for the wonderful Pancake Breakfast; it was a great success.
Councilmember Kuhn announced that April 19 is also National Library Week which is to
honor the library for providing access to educational, informational and recreational
materials; for nourishing children's minds, stimulating interest in learning and reading;
providing cultural enrichment through materials, programs and outreach activities; and
helping to preserve local history.
Mrs. Kuhn thanked Councilmember Young for her many years of service to the City.
Council member Chang congratulated the Arcadia Firefighters Association and the Fire
Department for a successful pancake breakfast.
Councilmember Chang commented that he had received inquiries while campaigning
regarding responsibility for sidewalk maintenance. Information he received from staff is
that each property owner is responsible for the maintenance of the sidewalk on their
property. Dr. Chang stated that in order to install street lights, the residents must collect
enough signatures to submit to the City requesting such installation. The City will then
study the request, plan the project and decide what portion of construction costs and
subsequent maintenance costs must be shared by the residents.
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Newspaper
Article
Measure N
Youth Master
Plan
DARE.
Food and
Wine Festival
KOVACIC
Annual
Arcadia Easter
Egg Hunt
Arcadia High
School Rally
Court
Chamber of
Commerce
Installation
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Election
40:0079
Councilmember Chang remarked on a letter to the editor written by Council member
Kovacic to the Pasadena Star-News responding to an Arcadia resident's comments
about Arcadia's economic future, and commended him on a good job. .
Councilmember Chang commented on Measure A and the Youth Master Plan stating, in
part, that the Youth Master Plan is a good plan supported by the Arcadia Council PT A
along with many other community organizations and was the result of the dedication of
many community volunteers and parents. The purpose of this plan is to keep children
busy in meaningful educational/recreational classes/activities. Council member Chang
believes the City should work with the school district to implement this plan whether or
not Measure A is approved by the voters and suggested methods of implementation and
funding.
Councilmember Chang stated that, if passed, revenues from Measure A will go to the
City's General Operating Fund and be used for the expenses of various departments,
and will not be eaOllarked for the Youth Master Plan or any specific expense. If the
measure were designed for specific expenses it would require two-thirds (2/3) voter
approval rather than simple majority. To say yes on Measure A and expect the revenue
to be used for any specific purpose such as the Youth Master Plan is misleading
infoOllation to the citizens which needed to be clarified.
Councilmember Chang reminded Arcadians that on Saturday, April 18 the Police
Department will conduct a DAR.E. fundraiser in the form of a food and wine festival at
the Santa Anita Race Track from 1 :00 to 5:00 p.m. Participants will enjoy food and wine
from over thirty (30) area restaurants along with prize drawings and an aftemoon of
horse racing. More infoOllation arid ti.ckets can be obtained through the Pace 2000
office.
Mayor Pro tem Kovacic announced that the Arcadia Recreation Department will
cosponsor with the Los Angeles County Recreation Department the Annual Easter Egg
Hunt for children twelve (12) years and younger on Saturday, April 11 at 10:15 a.m. at
the Arcadia County Park. At 9:45 a.m. a coloring contest will be held in the Seven
Palms Picnic Area. The egg hunt will have various contests based upon participants'
ages. Prizes will be awarded in all event categories. Alternative dates will be scheduled
at local elementary schools if it becomes necessary to postpone due to heavy rain.
Mr. Kovacic commented that on March 18 Arcadia High School dedicated its new rally
court with students, parents and volunteers planting trees and shrubs. He encouraged
the citizens to visit the school to see the court stating it is a great meeting and picnic
site.
Mayor Pro tem Kovacic attended the recent Chamber of Commerce Installation and
exlended his congratulations to incoming President Monty Lindsey, Past-President Don
Fraser, Volunteer of the Year CaOllen Thibault, and Chamber Service Award winner
Jack Tee!. Mr. Kovacic also exlended special wishes to Jana Costuma for all her years
of outstanding service to the Chamber.
Mr. Kovacic expressed his pleasure that the election campaign season is coming to an
end and thanked all candidates for conducting positive and constructive campaigns.
Mayor Pro tem Kovacic thanked the various community groups that hosted candidate
forums. Mr. Kovacic reminded all Arcadians to vote on April 14.
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HARBICHT
Herb Goddard Mayor Harbicht announced that long-time Arcadia resident Herb Goddard passed away I
at the age of 94. A memorial service will be held at11 :00 a.m. April 25 at the Masonic
Temple. The next Council Meeting will be adjourned in his memory.
The City Council RECESSED in order to act as the
8. ARCADIA REDEVELOPMENT AGENCY
ROLL CALL: PRESENT: Agency Members Chang, Kovacic, Kuhn, Young and Harbicht
ABSENT: None
CONSENT ITEMS
8a.
MINUTES APPROVED the minutes of the March 17, 1998 Regular Meeting.
(Mar. 17, 1998)
THE ABOVE CONSENT ITEM 8a APPROVED ON A MOTION BY AGENCY MEMBER
YOUNG SECONDED BY AGENCY MEMBER KOVACIC AND CARRIED ON ROLL
CALL VOTE AS FOLLOWS:
AYES: Agency Members Chang, Kovacic, Kuhn, Young
ABSTAIN: Chairman Harbicht
NOES: None
ADJOURNMENT The Arcadia Redevelopment Agency ADJOURNED to April 21, 1998 at 7:00 p.m. and
the City Council RECONVENED.
9.
CONSENT ITEMS
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9a.
MINUTES APPROVED the minutes of the March 17, 1998 Regular Meeting.
(Mar. 17, 1998)
9b.
o ?YiJ., ,= RESOLUTION ADOPTED Resolution No. 6039 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
07 /0 . ../ > NO. 6039 - THE CITY OF ARCADIA, LOS ANGELES COUNTY, CALIFORNIA, APPROVING THE
Prop. A Fund APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES
LA Cnty Applic. REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED GRANT PROGRAM
(Rehab. Civic FOR REHABILITATION OF CIVIC CENTER ATHLETIC FIELD", and AUTHORIZED
Cntr. Athletic slaff to file the Proposition A application for $200,000 to the County of Los Angeles
Field) Regional Park and Open Space District.
9C.
07,:,' "to REJECT BID - REJECTED bid submitted by A. E. Schmidt Environmental, Inc., and AUTHORIZED
Underground staff to rebid the underground storage tank removal and replacement project at the
Storage Tank Arcadia police station and Fire Station NO.3.
Removal
{n~~
9a.
,'. (\ AWARD
CONTRACT -
Rehab. O. G.
Well NO.6 -
(General
Pump Co.)
AWARDED contract in the amount of $39,580 to General Pump Co., Inc. for the
rehabilitation of Orange Grove Well #6A, and AUTHORIZED the City Manager and City
Clerk to execute a contract in a form approved by the City Attorney.
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ge. 06~) . ~O
RESOLUTION ADOPTED Resolution No. 6044 entitled. "A RESOLUTION OF THE CITY COUNCIL OF
NO. 6044 - THE CITY OF ARCADIA. CALIFORNIA. APPROVING SUPPLEMENT NO. MOOl TO
Encumber AGREEMENT NO. 07-5131 TO ENCUMBER FEDERAL AID FUNDS FOR THE
Federal Aid PAVEMENT REHABILITATION OF EL MONTE AVENUE FROM LONGLEY WAY TO
Funds LIVE OAK AVENUE (JOB NO. 1997-98-1) AND AUTHORIZE THE MAYOR AND CITY
(EI Monte Ave. CLERK TO EXECUTE SUCH RESOLUTION."
Pavement
Rehab.)
9f. 0"1;.1,' ,.
AWARD
CONTRACT -
EI Monte Ave.
Pavement
Rehab.
(E. C. Const.
Co.)
10.
5""0
AWARDED contract in the amount of $86.478.42 to EC Construction Company;
WAIVED all informalities in the bid and bidding process; and AUTHORIZED the City
Manager and City Clerk to execute a contract in a form approved by the City Attorney.
'.
THE PRECEDING CONSENT ITEMS 9a. 9b. 9c. 9d. ge. and 9f APPROVED .ON
MOTION BY COUNCILMEMBER YOUNG. SECONDED BY COUNCILMEMBER KUHN
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
Councilmembers Chang. Kovacic. Kuhn. Young and Harbicht
None
CITY MANAGER
10a.Of\O -~t.)
ORDINANCE Acting City Manager/Police Chief Ronnie Garner presented the staff report and
NO. 2087 - recommendation stating. in part. that the California Arboretum Foundation has asked the
AMC 4912.6.1 City to consider revising the regulations associated with the display of banners on City
AMENDMENT light poles. Arcadia Municipal Code Sections 4912.6 and 4912.6.1 authorize an
(Temp. Spec. exception to the prohibition of posting on public property to allow for the temporary
Event Except. posting of signs and banners for special events. The City Council may grant an
Posting) exception for special events provided they meet specific criteria. The City receives
(INTRODUCED) approximately one to three requests per year for banner installations of this lype.
For several years. the Califomia Arboretum Foundation has used temporary banners as
a means to promote the annual Garden Show. These banners are mounted on City light
poles. Because of sponsor involvement with the Garden Show and certain other factors.
every year there is a relatively short period of time when the art for the banners is
finalized and the date the banners need to be installed. The Foundation has asked lhe
City to expedite the permit approval process.
Upon adoption of Ordinance No. 2087. Section 4912.6.1 of the Municipal Code will be
revised to allow the City Manager or his designee, rather than the City Council. to
approve requests for a temporary special event exception from the prohibition of posting
on public property.
11
4/7/98
lOb.
COST COMPo
AGRMT. -
MEDITRUST/
SANTA ANITA
(APPROVED)
Onr:. ~ ?
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40:0082
It was MOVED by Councilmember Kuhn, seconded by Councilmember Chang to
INTRODUCE Ordinance No. 2087 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4912.6.1 OF THE
ARCADIA MUNICIPAL CODE PROVIDING FOR A TEMPORARY SPECIAL EVENT
EXCEPTION FROM THE CITY PROHIBITION OF POSTING ON PUBLIC PROPERTY",
and DIRECT staff to place the Ordinance on the May 5, 1998 City Council meeting
agenda for adoption and incorporate a procedure for an appeal process.
I
AYES:
NOES:
Council members Chang, Kovacic, Kuhn, Young and Harbicht
None
Deputy City Manager/Development Services Director Don Penman presented the staff
report and recommendation regarding the Cost Compensation Agreement with Meditrustl
Santa Anita for environmental, iand use, fiscal and legal processing, and authorize a
consultant agreement regarding a MeditrusUSanta Anita application. Said application
has been submitted by MeditrustlSanta Anita to commercially develop approximately
eighty-five (85) acres in the southwest portion of Santa Anita Park property which
mandates significant, careful and appropriate City review and analysis of the project and
a meaningful public hearing and decision-making process before the Planning
Commission and City Council.
Because of the scope and complexity of the project, staff recommended that three
professional consultants be retained to facilitate the processing of the Environmental
Impact Report, LSA Associates, environmental consultants - $85,040, fiscal analysis
Alfred Gobar & Associates - $10,000, and special legal assistance, Kaufman, Fox &
Sohagi - $30,000, for a total estimated cost for such services of $125,040. The costs for I
City staff and City reimbursable expenses is estimated at $35,978. The Cost
Compensation Agreement calls for the City to be compensated for the costs applicable
to processing the proposed land use entitlements. The purpose of the Agreement is to
address project costs in advance and to obtain a contractual commitment from the
applicant to pay for these costs. The consultant costs will be covered by a $30,000
deposit and the maintenance of a replenishable deposit account with the City. Staff cost
is provided for by deposit of the entire amount as part of the Specific Plan fee.
The applicant has agreed to hold the City harmless in the event litigation occurs to
challenge the project, including certification of the Environmental Impact Report. The
applicant shall bear all costs for defense.
Additional information provided by the City Attomey included, in part, that exhibits
included with the agreement that refer to schedules will be replaced with new schedules
when the project proceeds as acknowledged by Mr. Austin. Sections five (5) and ten
(10) of the agreement makes it very clear that the City maintains absolute discretion
regarding the decision on the project and the use of the City consultants.
In response .to Mayor Pro tem Kovacic's question Mr. Penman stated that the new
project schedule will estimate a certified Environmental Impact Report (EIR) at the end
of the calendar year assuming there are no continuations from the hearings. City
Attomey Miller responded to the Mayor Pro tem stating, in part, that the contract for LSA
Associates is a fixed fee unless there are extensive response comments when the EIR is
circulated, and there are additional costs incurred as a result. Alfred Gobar & Associates
fee is fixed, and Kaufman, Fox & Sohagi's fees are hourly up to the $30,000 limitation.
It is not anticipated to utilize the entire $30,000 for legal fees unless the City enters into a
development agreement which could take additional time and expenses. The City does
not pay for travel time for the legal consultants.
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Staff confirmed that the City will be reimbursed for staff time involved in this project.
There is a provision in the agreement if the estimate for this item is exceeded to address
the matter.
It was MOVED by Council member Young, seconded by Councilmember Kuhn and
CARRIED on a roll call vote as follows to AUTHORIZE the City Manager to execute the
Cost Compensation Agreement between the City of Arcadia and MeditrusUSanta Anita;
and AUTHORIZE the City manager to execute agreements with LSA Associates; Gobar
& Associates; and Kaufman, Fox & Sohagi; for a total amount of $125,040, subject to
finalization of the contracts and approval as to form by the City Attorney.
AYES:
NOES:
Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
None
10c.
RESOLUTION Deputy City Manager/Development Services Director Don Penman presented the staff
NO. 6043 - report and recommendation regarding Resolution NO. 6043 approving the Utilities
UTILITIES Conversion Plan stating, in part, that in 1968 the Public Utilities Commission ruled lhat
CONVERSION public electric utility companies must budget funds (Rule 20 funds) to convert their
PLAN existing overhead facilities to underground facilities. The funds are allocated annually
(adopted) to the cities and counties in proportion to the number of electric customers. The funds
06 <It) _ fJ() are eligible for expenditure at the discretion of the City Council provided certain criteria
are met. A city or county's annual allocation is allowed to accumulate for a reasonable
period of time, however are subject to reallocation elsewhere if that city or county has no
active underground program. Currently the City's annual allocation is $302,000 and
$1,372,000 has accumulated since 1992 which can only be used for undergrounding and
not for any other purpose.
In December 1997 staff established the Underground Utility Coordination Committee
which consists of utility (including Southem Califomia Edison) and City representatives.
The committee was formed to coordinate underground projects and related issues. As a
result of staffs concern regarding the preservation of these funds the committee and
staff have recommended a Utilities Conversion Plan to the City Council which is a short-
range plan prioritizing projects of significant economic importance to the City or have a
high density of overhead facilities. The proposed plan would encumber the City's
undergrounding funds into the year 2004. The projects involve the downtown areas of
Santa Anita Avenue, Santa Clara Street, Mortan Place, and sections of First Avenue and
Second Avenue.
Mr. Penman confirmed that the Rule 20 funds can only be used for undergrounding
projects and not for any other purpose. The City has been receiving such funds for
twenty (20) years; past projects included sections of Live Oak Avenue, Huntington Drive,
Wheeler Avenue, Campus Drive, Santa Clara Street, Baldwin Avenue, and Second
Avenue. Mr. Penman responded to Council that some projects are of such large
magnitude that monies must be accumulated for several years to complete such
projects.
In regard to Resolution 6043, staff explained that once adopted, Council can revisit the
resolution annually to invoke any changes to undergrounding locations, bring in new
projects, make budget changes, change priorities, or eliminate projects as necessary.
The basic concept of the resolution was to encumber the funds to protect the situation
due to electric deregulation. .
13
4/7/98
40:0084
It was MOVED by Mayor Pro tern Kovacic, seconded by Council member Young to I
ADOPT Resolution No. 6043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA APPROVING A UTILITIES CONVERSION PLAN
PRIORITIZING POTENTIAL PROJECTS FOR IMPLEMENTATION OF AN ACTIVE
UNDERGROUNDING PROGRAM"; and AUTHORIZE staff to proceed with the first
project.
AYES:
NOES:
Council members Chang, Kovacic, Kuhn, Young and Harbicht
None
10d.
POSITIONS - Maintenance Services Director Patrick Malloy presented the staff report and
MAl NT. SVCS. recommendation regarding the request to fill positions through an internal recruitment
DEPT. process in the Maintenance Services Department stating, in part, that for the last four
(APPROVED) (4) years the Maintenance Service Department has continued to restructure and
;}. :;, G & reorganize to maintain optimum levels of service while responding to increasingly
o .0 - rigorous fiscal constraints. The department has reduced its staffing level from seventy-
three (73) full-time employees (FTE) in 1994 to the present level of fifty-five (55) FTE.
This is a twenty-five (25) percent reduction in the original workforce, or a loss of eighteen
(18) employees. The department has been able to maintain services, however that is
no longer the case. The Maintenance Services Director requested authorization to fill
the positions of public works foreman, two equipment operators and other possible
vacancies in his department. The April 7, 1998 staff report sets forth additional details of
the problems involved in the current staffing and responsibilities in maintaining the
scheduled programs within the City.
Staff confirmed that with the approval of this item the department will still be at the I
staffing level of 55 FTE and were not requesting at this time to increase the level of
staffing and that no new funds are needed; funds already allocated will be expended for
the positions. Staff stated that the loss of eighteen 18 employees in the last four (4)
years are largely due to budget reductions.
Mayor Harbicht commented that the Maintenance Services Department is part of the
critical services provided to Arcadians, the department has already taken heavy
reductions and that they should be staffed to the authorized level.
It was MOVED by Council member Young, seconded by Mayor Harbicht to AUTHORIZE
staff to fill the positions of Public Works Foreman-Sewer Unit, two (2) Equipment
Operators, and AUTHORIZE the Maintenance Services Director to fill two (2) other
pending vacancies in the Maintenance Services Department.
AYES:
NOES:
Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht
None
11.
CLOSED SESSION
lla.
o I/() - --vr)
Pursuant to Government Code Section 54957.6 to confer with City labor negotiators Dan
Cassidy and William Kelly regarding Teamsters Local 911, AFSCME Local 2264, AFFA,
APOA, Management and non-represented Employees.
Mayor Harbicht announced that the City Council Closed Session meeting has been
canceled.
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4nJ98
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ADJOURNMENT At 9:53 p.m. the Regular Meeting of the City Council ADJOURNED to 7:00 p.m.,
(Apr. 21,1998) Tuesday, April 21, 1998 in the City Council Chambers for a Regular Meeting to conduct
the business of the City 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:
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