No preview available
HomeMy WebLinkAboutNovember 2, 1993Pre - meeting 7:00 p.m.. A G N D A ARCADSAS CITY COUNCIL MEETING NOVEMBER 2, 1993 7:30 P.M. ACTION INVOCATION r , PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Fasching, Harbicht, Lojeski, Margett and Ciraulo All Present MINUTES of the September 28, 1993 and October 12,.1993 . work sessions, and the October 5 adjourned and regular meetings. Approved 5 -0 MOTION: Read all ordinances and resolutions by title only and waive reading in full. Adopted 5 -0 PRESENTATION of Proclamation to the Festival of Bands 1. Time reserved for those in the audience who wish Lee Merritt to address the City Council. (five- minute time limit Gus Alfaro per person). Mrs. Alfaro Eric Channing James Vess -W Ben Serar 2. RECESS CITY COUNCIL 3. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. ROLL CALL: Agency Members Fasching, Harbicht,. Lojeski, Margett'and Ciraulo 1^ All Present. b. MINUTES of the October 5, 1993 meeting. ARproved 4. 0 C. Request for one -year extension of Exclusive Commercial Real Estate Brokerage Contract - (Hayes and Company). d. ADJOURN to 7:00 p.m., November 16, 1993 CITY COUNCIL 5.' MATTERS FROM ELECTED OFFICIALS 6. CONSENT ITEMS a. Request for approval of contract with Aerovironment for hazardous waste assessment and testing. b. Leave of absence for Police Department Employee. C. Acquisition of office furniture for Finance Department. d. Recommendation to renew weed abatement services agreement with L.A. County Agricultural 'Commissioner. e. Recommendation for final acceptance of contract for reconstruction of'alley south of Huntington Drive between Santa Anita Avenue and First' Avenue. Job No. 530 f. Recommendation for award of contract for 1993 - 1994.tree maintenance program. Job. No., 577 g. Recommendation to consent to Los Angeles.County jurisdiction for resurfacing of Michillinda Avenue from Colorado Boulevard to Sunset. Boulevard. Job No. 529° - 2 - ACTION Approved 5 -0 Approved 5 -0 Approved 5 -0 Approved 5 -0- Approved 5 -0 Approved 5 -0 Approved b -0 AGENDA 11/2/93 h. .,Santa Anita Fashion Park Mall Expansion - Consideration .of Design Review of the proposed third -story addition to the current two -story expansion of the Robinson's -May building. ACTION Approved 5 -0 7. CITY MANAGER a. Consideration of elimination of Wilderness Preserve weekend fee for residents, and related issues regarding preserve usage. Aipproved 5 -0 b. Recommendation to regulate cable television rates. RESOLUTION NO. 5754 "Authorizing the City of Arcadia to regulate first •tier "basic only" cable television rates pursuant to the Cable. Television Consumer Protection and Competition Act of 1992:. Adopted 5 -0 c. Extension of Employment Agreement - Planning Services. Approved 3 -2 8. CITY ATTORNEY a. ORDINANCE•NO. 1997 - ADOPTION - Amending Section 2671 of the Arcadia Municipal 'Code to apply the utilities tax to cellular access charges. Adopted 5 -0 b. ORDINANCE NO. 1998— ADOPTION - Adding karaoke regulations to the Arcadia .Municipal Code. Adopted 5 -0 c.." Recommendation to adopt;a Resolution designating the Arcadia Beautiful Commission as the Arcadia Tree Commission. RESOLUTION NO. 5750. Designating the Arcadia Beautiful Commission as the Arcadia Tree ' ".Commission for purposes of this Resolution and establishing a comprehensive city - owned tree management program. Adopted 4 -1 3 - AGENDA 11/2/93 i� d. RESOLUTION NO. 5751 Consenting to the establishment of a portion of Michillinda Avenue within said City as a part of the system of highways of the County of Los . Angeles. e. Consideration of Compensation Resolutions No. 5752, 5753, 5755. RESOLUTION NO. 5752 Establishing compensation for various positions of general employees for Fiscal Year 1993 -1994. RESOLUTION NO. 5753 Establishing compensation for various positions of management employees for Fiscal Year 1993 -1994. RESOLUTION NO. 5755 Establishing compensation for various grant employees for Fiscal Year 1993 -1994. 9. MATTERS FROM STAFF 10. ADJOURN to 7:00 p.m., November 16, 1993 Approved Methodist Hospital Banner Request 5 -0 Gardner /Lopez - Report on dead palm €,raw s fronds ACTION Adopted 5 -0 Adopted 5 -0 Gardner - Report to Council re: fire protection in foothill areas Johnson - Report to Council re: "parachute kids" Butler - Report to Council re: potential income from tipping fees at Rodeffer Landfill 4 - AGENDA 11/2/93 M za - /D November 2, 1993 TO: ARCADIA CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT JOSEPH R. LOPEZ, DIRECTOR OF PUBLIC WORK iy SUBJECT: RECOMMENDATION TO ADOPT A RESOLUTION DESIGNATING THE ARCADIA BEAUTIFUL COMMISSION AS THE ARCADIA TREE COMMISSION FOR PURPOSES OF THE RESOLUTION AND ESTABLISHING A COMPREHENSIVE CITY -OWNED TREE MANAGEMENT PROGRAM BACKGROUND On October 14, 1993, staff presented to the Arcadia Beautiful Commission and City Council Liaison, Mayor Pro Tem Lojeski, the concept of Arcadia becoming a "Tree City, USA" and the Commission also becoming the "Arcadia Tree Commission," as suggested by the City Manager.. The purposes of becoming a Tree City USA are recognition that the City has an effective public (City - owned) tree management program, to contribute to the City's pride, and to put the City in touch with other communities and resources which can help the City improve its program. The National Arbor Day Foundation, in cooperation with the U.S. Forest Service and the National Association of State Foresters recognizes towns and cities in the United States that effectively manage their public (City- owned) tree resources based on the following four Tree City, USA standards: 1. A Tree Board, Commission, or Department is required. A tree board or commission is a group of concerned citizens, charged by ordinance or resolution to develop and administer a comprehensive City tree management program. 2. A City Tree Ordinance or Resolution is required. To be named as a Tree City, USA, the City tree ordinance or resolution needs to designate the tree board or commission and give them the responsibility for writing and implementing the annual community forestry work plan. The ordinance or resolution should determine public (City - owned) tree care policies for planting, maintenance and removals. Ideally, the City tree ordinance or resolution will make provisions for establishing and updating a list of LASER 3. 4. ..4 recommended street tree species to be planted with spacing and location requirements. A Community Forestry Program with an Annual Budget of at least Two Dollars ($2) per Capita is required. To be named as a Tree City USA, a town or City must. annually spend at least $2 per capita for its community, forestry program. An Arbor Day Observance and Proclamation is required. An Arbor Day ceremony can be simple and brief, or an all day or all -week observance. No matter how large or small. the Arbor Day celebration, to make it official the mayor, must issue a proclamation declaring the observance of Arbor Day in the City. The City of Arcadia could meet the four Tree City, USA, standards, by the following: 1. The City Council could adopt the attached proposed, resolution designating the Arcadia Beautiful Commission as the Arcadia Tree Commission for purposes of the: resolution and establishing a comprehensive City- owned, tree management program. 2. Same as No. 1. 3. The 1993 -94 Arcadia operating budget for maintenance of City -owned trees is estimated at $8.86 per capita which is greater than the required minimum of $2 per capita. 4. A proclamation signed by the Mayor declaring the observance of Arbor Day (March 7th in California) meets the fourth standard. on October 14, 1993, the consensus of the Arcadia Beautiful Commission was to have staff present to the City Council for consideration the concept of Arcadia becoming a "Tree City, USA," and the Commission also becoming the "Arcadia Tree Commission." RECOMMENDATION It is recommended that the City Council: 1. Adopt the attached proposed Resolution No. 5750 designating the Arcadia Beautiful Commission as the Arcadia Tree Commission for purposes of the resolution and establishing a comprehensive City -owned tree management program. 0 2. Proclaim March 7, 1994, as Arbor Day and authorize the Mayor to sign the attached proposed Proclamation. 3. Direct staff to prepare an application to the State Forester for Arcadia to be recognized and designated as a T}�.,e i y,,,, USA. APPROVED: DONALD R. CITY MANAG JRL:mlo Attachments olio -'>O C�`lfJte �tainn QP wv.)X •; FORT -� Memorandum October 28, 1993 To : Mayor and Members of the City Council From: Alex D. McIntyre, Assistant to the City Manager .11' "4 Subject: Recommendation to Adopt Resolution No. 5754 Authorizing the Regulation of Basic Only Service Cable Television Rates With the adoption of the Cable Television Consumer Protection and Competition Act of 1992 (the Cable Act) , local cable franchisers have been granted the ability to regulate Basic Only service rates and equipment rental related to those rates . Background One of the original intents of the Cable. Act was to regulate all rates charged by the cable industry for cable services . Unfortunately, the legislation was only somewhat successful . Through the negotiation process of the bill, cities ultimately retained the right to regulate first tier or Basic Only service level of coverage, which under the CableVision franchise includes the broadcast channels (ABC, CBS, NBC, FOX, KTLA, KCAL, KCET, KCOP, and other minor stations) as well as the City' s public access channel (Channel 3) . Cities can also regulate the rental of equipment from the franchisor. The City only has this opportunity to reserve the option to regulate the current rates . Effective November 15, 1993, the Federal Communications Commission (FCC) rate freeze will be lifted and the cable industry will be free to adjust rates . Enforcement of the rate regulations is not mandatory and is at the option of the City. The Act does not allow the City to regulate any additional rates . The City' s ability to regulate rates is significantly controlled by the FCC and the Cable Act . The rate regulation process is complicated requiring over 100 separate calculations. Although the City' s authority is limited, the ability to regulate Basic Only rates will - guarantee the subscribers that the Basic Only rates charged are fair and appropriate consistent with the FCC and the Cable Act . Through the rate regulation process, the City should provide a reasonable opportunity for the consideration of the views of interested parties .in accordance with the Cable Act. As such, prior to the adoption of new Basic Only service rates, the City Council _ should hold a public hearing and encourage public participation. Cable Rate Regulation October 28, 1993 Page Two The cable franchise is currently administered in the office of the City Manager. Consistent with the Cable Act, there is sufficient personnel available to effectively administer the rate regulation process . Attached is a survey of neighboring communities showing cities' intentions of regulating the Basic Only rate. Procedure Regulating rates requires the City of Arcadia to complete the following: 1. Notify the FCC of the City' s intent to regulate rates; 2 . Adopt a resolution , authorizing the City to regulate rates and forward said resolution to the FCC and the Franchisee; and 3 . Assign personnel to administer the rates . In order to meet the September 1 deadline for item #1 above, the City filed its intent to regulate rates with the FCC (attached) . This does not commit the. City to regulate rates, only secures the City' s future ability to do so. Tonight' s action will in effect, accomplish items # 2 and # 3 . Recommendation It is recommended that the City Council adopt Resolution No. 5754 authorizing the City to regulate the Basic Only level of rates for cable service consistent with the Federal Communications Commission and the Cable Television Consumer Protection and Competition Act of 1992 . Attachments 1 � Approved: Dona d R Duckwo t , City Manager �� . A DENNIS A.LOJESKI i MAYOR PROTEMPORE dal '11"� . r`� 240 West Huntington Drive GEORGE FASCHING i_.: #.' P.O.Box 60 ROBERT C.HARBICHT f�em, jo. Arcadia,California 91066-0060 BOB MARGETT -"onwrS9 . (818)574-5400 COUNCIL MEMBERS DONALD R.DUCKWORTH JOSEPH C.CIRAULO JUNE D.ALFORD CITY MANAGER MAYOR CITY CLERK September 2, 1993 Federal Communications Commission P.O. Box 18539 Washington, D.C. 20036 ATTN: Cable Franchising Authority Certification Consistent with the Cable Act of 1992, the City of Arcadia, California would like to reserve the option to regulate basic cable service rates. Enclosed you will find the completed FCC 328 form entitled Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition. Please contact Alex McIntyre of staff at (818) 574-5402 should you have any questions. . Si •erely, II rI DONALD R. DUCKWORTH City Manager Enclosure c - TCI/CableVision 4 , . Emus 0s/11r • Wd.iust.n.D.C. 2Osc4 FCC 328 i J 8 ; For FCC Liss Only CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION • I Name of Franchising Authority 3. Will your franchising authority adopt ®Yes No City o f A r r a c4 i a , r a 1 i f car n i a ' - (within 120 days of certification) and u Mailing Address administer regulations with respect to 240 W.: Huntington Dr. . • basic cable service that are consistent City State ZIP Code with the regulations adopted by the FCC . Arcadia C A,g]„f)n 7 pursuant to 47 U.S.C.Sestiat 543(b)T Telephone No.(indude area code): • (818 ) 574-5409 4. With respect to the franchising authority's regulations referred Person to contactwith raped to this form: to in Question 3, • 51 Yes ❑Na Alex McIntyre a. Does your franchising authority have . the legal authority to adopt them? ©Yes El No 2.a. Name(s)and address(es)of cable cystants)and associated FCC community b. Does your franchising authority have . unit identifiers within your jurisdiction. (Attach additional sheets if neeresary.) the personnel to adadnbter therm Cable S$ystem's Name TCI/CabieVision 5. Do the procedural laws.and regubtions ,:•'Yea ❑M* Mailing Address applicable to rate regelation proceedings. • 15255 S cl T.ak P A v P_ - by your (rarrdtising authority provide a City • State ZIP Code reasonable opportunity for cnndderatloa r i t y cif T n r9 y i a t r y . (-IA 91 7 4 4 of the views of interested parties, Cable System's FCC Community Unit identifier. Ores ONo C A.0 0 9 7 m 6. The Commission p that the cable • . systemfs)listed in 2.b.is(are)not subject to effet2lve competition. Based RR the Cable System's Name definition below,do you have reason to • believe thatthb presumption'b corm? . f • • (Effective competition means that(a)fewer than 30 percent of the City . State r ZiP Code . hottseiolds in the franchise area•auba sirs to the cable service of a I cable systems els)•tile franchbt must Is di served by at least two rrr Cable System's FCC Community Unit Identifiers afffibtad multichannel video programming distributors each which offers comparable video programmingto percent of the households in the franchise ere and (5) the number of households subscribing to programming senders offered by 2. b. Name Cs) of system(s) and associated community unit iderdifierW you multiduarael video programming distributors other thin the largest claim are subject to regulation and with respect to which you are filing this rntdtirkeee&video disipbiter exceeds 13.percentof cerbd"rcation.. (Attach additional sheep if necessary.) - the . .. in the frard+be areal;or(c)a multichannel video Name of System • Community Unit program. • distributer -- A. the frandatsb sg authority for Identifier that • area offers - to et I • till past TCI/CableVision CA0097 . of the in a it Name of Bystssa ld.rr Unit tint . IV 'v""' ' rtl. City Manager 2.e. Have you served a copy of this form on all parties Eves ONO Pat, September 2 . 1993 IMO in 2.11.1 WILLFUL FALSE SiATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY AWE AND/OR IM1rR1SONMRIT(U.B.CODE • . . TITLE 1$,S CtION 1001). Return the original and one copy of this certification fora as indicated in instructions),along with any attchmente,toe Federal Ceaaanunications s . Attar Cable Franchising Authority Certifiathsn P.O.Box 18539 • Washington,D.C. 20036 FCC eras Ayit.1YJ3 • CABLE' TELEVISION SURVEY WHICH S.G.V. CITIES WILL REGULATE BASIC ONLY CABLE RATES? CITY YES NO EXPLANATION Alhambra X Baldwin Park X Prohibited by Act Burbank X El Monte X Glendale X Monrovia X Pasadena X Sierra Madre X So. Pasadena X Temple City X West Covina X �jc/a/1 1/0 Al NOVEMBER 2, 1993 TO: ARCADIA CITY COUNCIL FROM: PLANNING DEPARTMENT CORKRAN W. NICHOLSON, SENIOR PLANNER SUBJECT: THE SANTA ANITA FASHION PARK MALL EXPANSION -- A DESIGN REVIEW OF A PROPOSED THIRD-STORY ADDITION TO THE CURRENT TWO-STORY EXPANSION OF THE ROBINSONS-MAY BUILDING AT 400 SOUTH BALDWIN AVENUE The architectural firm of Abrahamian Pagliassotti & Tanaka has submitted for your review and approval the proposed building elevations for a third-story addition to the current two-story expansion of the Robinsons-May department store at 400 South Baldwin Avenue. With the addition of the third-floor, the Robinsons-May project area would be 179,427 sq.ft., (i.e., a gross building area consisting of the original 3-story Robinsons Q 136,350 sq.ft., with the 3-story expansion © 43,07 sq.ft.). The mall site will provide approximately 5,900 on-site parking spaces upon completion of entire expansion project. Approximately 5,330 spaces are required by Code (including the proposed 3rd floor addition to the Robinsons-May building). No on-site parking modifications are necessary. Staff believes that the applicant's proposal meets the intent of the design criteria set forth in the City's Architectural Design Review Regulations. The building will be harmonious with the surrounding commercial buildings; and its design elements will enhance the Santa Anita Fashion Park Mall. There will be a photo exhibit displayed at the meeting , as a reference, to show the building's original exterior elevations because the proposed addition to the current expansion will duplicate the pre-existing design, color, materials and landscaping. Although the overall addition will extend approximately 77'-0" to the; east, as shown on the attached site plan, the new easterly elevation will be identical to what was previously existing. The City Council may approve, conditionally approve or disapprove the applicant's design concept plans (copy attached). FINDINGS Approval If the City Council intends to take action to approve the exterior elevations, the Council should find that the proposal is in compliance with the ADR criteria, and move for approval. 1 LASER IMAGED '' A , - Denial If the City Council intends to take action to deny the exterior elevations, the'Council should make specific findings based on the evidence presented, and move;to deny the proposal. The City Council may wish to consider the following motions and findings which must be expanded upon with specific reasons for denial: D.1. Find that the location and configuration of the structure is not visually harmonious with the site and with surrounding sites and structures, and that the structure dominates its surroundings to an extent inappropriate to its use. � D.2. Find that the architectural design of the structure and its materials and colors are not visually harmonious with surrounding development. D.3. Find that the design and location of signs and their materials and colors are not consistent with the character and scale of the building to which they are attached or which are located on the same site, and that the signs are not visually harmonious with surrounding development. D.4. Find that the architectural design does not enhance the visual environment of the city, preserve and protect property values and mitigate against degradation and depreciation. D.5. Find that the proposal does not promote and protect the health, safety, comfort and general welfare of the community and does not promote the standards of appearance in the community or encourages the appropriate use of land within the City. AP ROVED BY: ( I Don. d R. Duckwor City Manager • 2 LASER IMAM' vyyy ernot artclum \1ti l• roil ,) DATE: 11/2/93 TO: Arcadia Redevelopment Agency FROM: Dale R. Connors,/Economic Development Associate SUBJECT: Request for 1 Year Extension of Exclusive Commercial Real Estate Brokerage Contract (Hayes and Company) On October 6, 1992, the Agency awarded a 6 month exclusive real estate brokerage contract to Hayes and Company (Pasadena) for the purpose of marketing the Southwest and Northwest Corner Sites. This contract was extended on May 4, 1993 for an additional 6 months. Hayes and Company has performed pursuant to the contract; ie, listing the properties in the commercial listing directory, canvassing through direct mail and personal solicitation, providing monthly marketing reports, identifying potentially interested parties and maintaining personal contact with staff and Agency members. Hayes.- and Company have requested (Attachment No. 1) a 1 year extension to November 2, 1994 of the exclusive listing. The terms and conditions would remain the same as the initial contract. RECOMMENDATION: That the Agency approve a 1 year extension to the exclusive contract (dated November 2, 1992) for commercial real estate brokerage services with Hayes and Company subject to approval by Agency General Counsel as to form. 11 i • Approved: Execu ive Director DRC:dc brokei2.93m LASER IMAGED H(ail••M-llAlram. • October 6, 1993 Q N (1u1 8 1993 311.. i tip Mr. Peter P. Kinnahan Assistant City Manager for Economic Development 240 W. Huntington Drive Arcadia, California 91107 Dear Pete: Thank you for your recent call about extending the listings at the Northwest and Southwest corner sites of Second and Huntington Drive. We have worked long and hard on both these sites and would look forward to extending our agreement for a one year period on all the same terms and conditions. In this difficult market, it is taking longer and longer to do deals. We appreciate your confidence and are confident we will have something substantial in the not to distant future. Please give me a call if you have any questions. Very truly yours, H A YES & :e 4111111116 ■ David ". Powell Senior Sales Associate DWP:lg cc: Robert G. Stover 18 Wes!Colorado.Sucic 200.Pasadena.California 91105.Telephone (818)449.7800 • Attachment No. 1 07ao �,d 44.17,14 ,' @ 41 Memorandum = � rip, - Date: November 2 , 1993 TO: n HONORABLE MAYOR AND CITY COUNCIL FROM: (./PETE KINNAHAN, ASST. COMMUNITY DEVELOPMENT DIRECTOR - ECONOMIC DEVELOPMENT SUBJECT: REQUEST FOR APPROVAL OF CONTRACT FOR HAZARDOUS WASTE ASSESSMENT AND TESTING WITH AEROVIRONMENT The City took possession of the Armory August 1, 1993 and needs to conduct an environmental assessment and soils testing for possible hazardous waste on the property. Staff prepared and forwarded a Request for Proposals (RFP) for Hazardous Waste services to five Southern California environmental firms. Two of these firms attended the mandatory walk through of the Armory and submitted proposals. (Engineering Science of Pasadena and Aerovironment of Monrovia) Staff and the City's environmental special counsel, Ben Kaufman of Freilich, Kaufman, Fox & Sohagi, have reviewed the proposals and recommend that Aerovironment, Inc. be contracted to provide environmental assessment and limited soils testing services for an estimated cost of $7, 000. (Proposal estimate - $6. 081.22 plus 15% contingency) Funds for this are budgeted in the FY 1993-94 Police Department Capitol Budget (Demolition and Clearance of Armory Property) If hazardous waste is discovered, the 1988 Purchase Agreement signed by the California Departments of the Military and General Services provides that the State shall pay for all remediation costs. APPR ED ■40 klaiA, Donald R. Duckwort City Manager , • LASER IMAGED