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HomeMy WebLinkAboutItem 2c: Minutes - November 17 and December 1, 2009CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 1, 2009 CALL TO ORDER - Mayor Wuo called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) — None CLOSED SESSION None 51:0160 a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Larry Mueller v. City of Arcadia, et al. (Los Angeles Superior Court Case No. BC389475). b. Pursuant to Government Code Section 54957 to discuss a public employee performance evaluation (City Manager). RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Deacon Mike Salcido, Chaplain, Methodist Hospital PLEDGE OF ALLEGIANCE Tony Trabbie, Fire Chief ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a Closed Session to consider item (a) listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported that at the conclusion of the open session, the City Council will recess to a Closed Session to consider item (b) listed on the posted agenda and announced that it is anticipated that there will be no reportable action. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS 12 -01 -2009 51:0161 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem /Agency Vice Chair Amundson, seconded by Council /Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Adopt ARA Resolution No. 230 approving the adoption of the Five Year Implementation Plan (2010 -2015) for the Central Redevelopment Project Area. Recommended Action: Adopt Jason Kruckeberg, Development Services Director provided background information regarding the Five Year Implementation Plan for the Central Redevelopment Project Area; he reported that the Arcadia Redevelopment Agency previously approved Five Year Implementation Plans in 1994, 1999 and 2004; and that a new Implementation Plan was prepared for the period of 2010 -2015 and is required to be adopted by December 31, 2009. He noted that the proposed Plan sets forth programs, projects and activities that meet the Agency's goals and objectives for both non - housing, affordable housing and public improvements toward eliminating blight in the Central Redevelopment Agency that the Agency intends to implement over the next five (5) years. Jerry Schwartz, Economic Development Manager explained the general redevelopment programs and projects in the Plan as continuing efforts to purchase additional property for the expansion of Rusnak/Arcadia; pursuing larger parcels in the project area such as the Santa Anita Inn site; development around the Gold Line extension into Arcadia; promoting the fagade rehabilitation program; and pursuing other opportunities to market the downtown business community. He further added that the Agency will continue to invest in public improvements in the project area, including streets and traffic signs and enhancements around the Gold Line Station and parking garage and discussed the major affordable housing programs proposed in Plan. Mr. Schwartz provided a brief description of the five main sections of the Implementation Plan for 2010 -2015. Mayor Wuo opened the public hearing. No one was present. A motion to close the public hearing was made by Agency Member Harbicht, seconded by Agency Member Kovacic and seeing no further objection, Agency Chair Wuo declared the public hearing closed. It was moved by Agency Member Harbicht, seconded by Agency Member Kovacic and carried on roll call vote to adopt ARA Resolution No. 230 approving the adoption of the Five Year Implementation Plan (2010 -2015) for the Central Redevelopment Project Area. AYES: Agency Member Harbicht, Kovacic, Amundson, Chandler, and Wuo NOES: None ABSENT: None 12 -01 -2009 CITY COUNCIL ITEMS: Mayor Wuo opened the public hearing. No one was present. AYES: Council Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None 51:0162 b. Introduce Ordinance No. 2267 amending the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII relating to Water Efficient Landscaping. Recommended Action: Introduce Jason Kruckeberg, Development Services Director provided background information regarding California Assembly Bill 1881 which modifies and strengthens the Water Conservation in Landscaping Act of 1990; and advised that AB 1881 requires local agencies to either adopt the State's Model Water Efficient Landscape Ordinance or adopt its own ordinance that is, "at least as effective" in conserving water by January 1, 2010. He stated that if a local agency fails to adopt its own ordinance, the State's Model Water Efficient Landscape Ordinance will automatically be adopted by statute; that the model ordinance is highly technical and includes a great deal of scientific data and formula -based language which is geared toward large projects such as major commercial development or large residential subdivisions rather than the development pattern of a built -out City such as Arcadia. Jim Kasama, Community Development Administrator reported that research conducted by the American Water Works Association indicated that approximately 60% of typical household water usage goes towards landscaping; that the implementation of the proposed ordinance will accomplish the objective of promoting water efficient landscaping and effective water use management without a decline in landscape quality; that it will focus on an overall "water budget" for new landscaping, allowing creativity in meeting the guidelines and will apply to all projects that require permits, plan checks, and /or design reviews. He discussed some of the more important aspects of the proposed ordinance and noted that the implementation of the proposed ordinance will accomplish the objective of promoting water efficient landscaping and effective water use management without a decline in landscape quality. He did note that for some complex projects, due to increased landscaping requirements a pass through charge will be collected from applicants to pay for professional review of the landscape plans; that for major projects, staff will complete the review based on the landscaping package submitted by a licensed architect or contractor; and that a fee resolution will be presented to the City Council for consideration at a later date. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll vote to introduce Ordinance No. 2267 amending the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII relating to Water Efficient Landscaping. 12 -01 -2009 PUBLIC COMMENTS Paul Cheng, Arcadia resident, appeared and expressed concerns regarding the sex offenders who live in Arcadia and requested the City Council to release the names and location of the 22 registered sex offenders to the residents. In response to Mr. Cheng's comment regarding sex offenders in Arcadia, Police Chief Sanderson responded that Megan's Law data base is available on the California Department of Justice website and can be access by any member of public. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic announced various holiday events including the Senior Holiday Party on December 8th; the Snow Festival and Breakfast with Santa on December 5 and encouraged everyone to attend and participate in these great events. Mayor Pro tem Amundson encouraged residents to shop and dine in Arcadia and to participate in the Fire Department's Annual Toys for Tots Drive; he encouraged residents to make donations to the "Operation Gratitude Program" for soldier care packages; and wished everyone Happy Holidays and reminded everyone that there is crime during the holidays and encouraged residents to be safe and careful while out shopping. Council Member Chandler, Council Member Harbicht and City Clerk Barrows had nothing to report. Mayor Wuo congratulated Matt McSweeny, the owner of Matt Denny's Restaurant in Arcadia, who was recently recognized as the "Community Volunteer of the Year"; he wished all the kids a safe and enjoyable Snow Festival; and wished everyone a happy and safe holiday season. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Authorize the Executive Director to enter into a contract with Panorama General Engineering for the reconstruction of parking lot at 21 Morlan Place in the amount of $155,470 with a 10% contingency and appropriate a total of $41,000 from Redevelopment Funds. Recommended Action: Approve CITY COUNCIL ITEMS: 51:0163 b. Adopt Ordinance No. 2263 amending Article VI of the Arcadia Municipal Code concerning the Business Permit and License Review Board. Recommended Action: Adopt c. Introduce Ordinance No. 2268 amending Chapter 9, Part 1 of Article VII of the Arcadia Municipal Code relating to camping and storage of personal property on public property. Recommended Action: Introduce d. Adopt various Resolutions relating to the General Municipal Election to be held on Tuesday, April 13, 2010. 12 -01 -2009 51:0164 Resolution No. 6703 calling for the holding of a General Municipal Election on Tuesday, April 13, 2010 for the election of certain officers as required by the City Charter. Recommended Action: Adopt Resolution No. 6704 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, April 13, 2010. Recommended Action: Adopt Resolution No. 6705 requesting the Board of Supervisors of the County of Los Anqeles to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, April 13, 2010. Recommended Action: Adopt e. Authorize the Citv Manager to execute a one (1) year contract extension with Vargas Olson Enterprises for construction maintenance services at various city facilities in the amount of $69,650. Recommended Action: Approve Council Member Kovacic requested that Consent Calendar Item 2.a. be pulled for separate discussion. It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve Consent Calendar items 2.b, through 2.e. AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht, and Wuo NOES: None ABSENT: None a. Authorize the Executive Director to enter into a contract with Panorama General Engineering for the reconstruction of parking lot at 21 Morlan Place in the amount of $155,470 with a 10% contingency and appropriate a total of $41,000 from Redevelopment Funds. Recommended Action: Approve In response to Council Member Kovacic's inquiry regarding the reconstruction of the parking lot at 21 Morlan Place and filling the large hole which was resulted from the demolition of the Church in Arcadia building, City Manager Don Penman responded that the Agency's strategy is to assemble parcels and offer opportunities to facilitate the expansion of Rusnak/Arcadia Mercedes Benz dealership and that with approval of the Agency, the intent is to enter into a short term lease agreement with Rusnak dealership to increase available space for Rusnak's inventory. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to authorize the Executive Director to execute a contract with Panorama General Engineering for the reconstruction of the parking lot at 21 Morlan Place in the amount of $155,470 with a 10% contingency and appropriate a total of $41,000 from Redevelopment Agency Funds. AYES: Council /Agency Member Chandler, Harbicht, Kovacic, Amundson, and Wuo NOES: None 12 -01 -2009 ABSENT: None 51:0165 3. CITY MANAGER a. Introduce Ordinance No. 2265 amending Section 3214.1 of the Arcadia Municipal Code relating to the Uniform Traffic Ordinance concerning Early Morning Parking Hours. Recommended Action: Introduce Police Chief Sanderson reported on the proposed ordinance concerning early morning parking hours restrictions; he noted that prior to February 2008, the hours of early morning parking were from 3:00 a.m. through 6:00 a.m. and at the February 5, 2008 City Council meeting, the City Council adopted an ordinance changing the hours to 3:00 a.m. through 5:00 a.m.; and that the decision to change the hours was made after a complaint was made that residents were leaving for work earlier in the morning due to commuting times and other reasons. He also reported that the City Council conducted a study session regarding the overnight parking hours and believed that a three -hour restricted parking period was needed due to the large number of auto burglaries occurring during the overnight hours and recommended increasing the overnight parking restrictions to 2:30 a.m. through 5:30 a.m. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to Introduce Ordinance No. 2265 amending Section 3214.1 of the Arcadia Municipal Code relating to the Uniform Traffic Ordinance concerning Early Morning Parking Hours. AYES: Council Member Chandler, Amundson, Harbicht, Kovacic, and Wuo NOES: None ABSENT: None b. Appointment of Manager Pro Tempore (Assistant City Manager) pursuant to Citv Charter Section 603. Recommended Action: Approve City Manager Don Penman reported that due to the retirement of Assistant City Manager /Public Works Director Pat Malloy on December 30, 2009, it is necessary for the City Manager to appoint a City Manager Pro Tempore who will serve during the temporary absence or disability of the City Manager and recommends the appointment of Jason Kruckeberg, Development Services Director, as the City Manager Pro Tempore. He explained that there is already a position classification of Assistant City Manager /Development Services Director so there is no need to create a new classification; that the salary is 5% above the current Development Services Director range and an appropriation is not necessary as the additional cost will be absorbed in the current operating budget. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to approve the appointment of Jason Kruckeberg as Development Service Director /Assistant City Manager (City Manager Pro Tempore). Mt. Penmen further announced the appointment of Mr. Tom Tate as the Public Works Director, effective January 1, 2010. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic, and Wuo NOES: None ABSENT: None 12 -01 -2009 ADJOURNMENT 51:0166 The City Council /Redevelopment Agency recessed at 8:30 p.m. to Closed Session and adjourned at 9:00 p.m. to Tuesday, December 15, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk f � f „-(2 Lisa Mussenden Chief Deputy City Clerk/Records Manager 12 -01 -2009 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, NOVEMBER 17, 2009 CALL TO ORDER - Mayor Wuo called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None 51:0153 STUDY SESSION /CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) — None Vince Foley, an Arcadia resident appeared and commented on the Street Lighting Assessment District item. STUDY SESSION a. Report, discussion and direction regarding Early Morning Parking Hours. Police Chief Robert Sanderson provided a report regarding an inquiry raised to return the overnight parking restriction hours back to 3:00 a.m. and 6:00 a.m.; he reported that the City Council adopted an ordinance back in February 2008 changing the overnight street parking restrictions hours to 3:00 a.m. through 5:00 a.m.; he noted that the time change resulted from a citizen complaint; that officers estimated that a one -third reduction of enforcement time has resulted in approximately 250 vehicles per month that are in violation of the ordinance or may be involved in some kind of suspicious activity that officers do not have time to inspect and that bringing back the 3:00 a.m. through 6:00 a.m. enforcement period would provide Inter -Con officers the ability to cover the entire City; that additional revenue generated could be as high as $140,000 annually however there would be a nominal cost to the City to change the hours on the posted signs to reflect the new hours and to change the annual parking permit application. The City Council directed staff to prepare an ordinance for City Council consideration at the December 1st meeting changing the early morning parking hour restriction from 3:00 a.m. through 5:00 a.m. to 2:30 a.m. through 5:30 a.m. AYES: Council Member Harbicht, Kovacic, Chandler, Amundson and Wuo NOES: None ABSENT: None b. Report, discussion and direction on the establishment of the Citywide Street Lighting Assessment District. Pat Malloy, Assistant City Manager /Public Works Services Director provided background information regarding the last Citywide Street Lighting Assessment; he discussed and explained the method of the proposed assessment distribution rates by the City and District and the total annual budget for each zone; the different cost scenarios and proposed rates to be balloted and explained the primary lights (not local lights) and local street light improvements and sparse lighting rates. The City Council unanimously directed staff to explore marketing strategies and costs and report back at a future meeting. 11 -17 -2009 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Reverend Larry Eckholm, Lutheran Church of the Cross PLEDGE OF ALLEGIANCE Jason Kruckeberg, Development Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council conducted a Study Session to hear reports regarding the two (2) items listed on the posted agenda; (a) a report was given regarding Early Morning Parking Hours and the City Council unanimously directed staff to prepare an ordinance for consideration at a future meeting changing overnight parking restriction hours from 3:00 a.m. through 5:00 a.m. to 2:30 a.m. through 5:30 a.m.; and (b) a report regarding the establishment of a Citywide Street Lighting Assessment District was received and the City Council unanimously directed staff to continue working on this matter and bring back for consideration at a future meeting. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem /Agency Vice Chair Amundson, seconded by Council /Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARING CITY COUNCIL ITEMS: 51:0154 a. Introduce Ordinance No. 2263 amending Article VI of the Arcadia Municipal Code concerning the Business Permit and License Review Board. Recommended Action: Introduce Jim Kasama, Community Development Administrator presented a staff report regarding current business license issuances, denials, revocations and appeal processes that are inefficient and inconsistent with current practices; he explained that the adoption of Ordinance No. 2263 would 11 -17 -2009 51:0155 rectify those processes; and explained that the ordinance would also change the makeup of the Business Permit and License Review Board from City staff members to the Planning Commission since many business licensing issues are land use issues. Mr. Kasama explained the current functions of the Business Permit and License Review Board and the purpose of designating the Planning Commission. He provided a brief summary of the updates being proposed for consideration. Mayor Wuo opened the public hearing. No one was present. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to introduce Ordinance No. 2263 amending Article VI (Business, Professions, Trades and Occupations) of the Arcadia Municipal Code concerning the Business Permit and License Review Board. AYES: Council Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS Ruth Lagace, Arcadia High School PTSA President provided a report regarding various events and activities occurring at Arcadia High School. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler commented on the success of the Breeder's Cup event and hoped that horse racing will continue in Arcadia. Mayor Pro Tem Harbicht announced that he attended the Breeder's Cup; that over 85,000 people attended the two day event; he commented and provided a brief summary of race track bankruptcy matter and noted that the bidding for the Race Track will take place some time February 2010. In response to Council Member Harbicht's question regarding the county wanting to put up a fence around the Golf Course, staff explained that the project is still in the study stages and no final decisions have been made. He commented on the Fire Department's Annual Report regarding the budget, the number of 911 calls and noted that 65% of calls are emergency medical services /rescue related and only 4% are fire related, and the reduction in number of fires in the City in the past two years; he commented on the amount of time it takes to remodel a house and encouraged citizens to report any suspicious building construction activities to the City's Building Division. Council Member Kovacic expressed his concerns regarding the high fence around Los Angeles County Golf Course and suggested that the City send a letter to the County expressing the Council's concerns; he commented on the Peacock Buzz which is mailed to Arcadia residents and complimented staff for a wonderful job in putting the publication together; he encouraged everyone to participate in the Foothill Unity Center Thanksgiving Food Drive and provided contact information for those who were interested in volunteering or donating turkeys; he announced that on November 23rd at 7:00 p.m. the Interfaith Action Group will be having their 11 -17 -2009 annual community Thanksgiving Service at the Church of the Good Shepherd; and he wished everyone a Happy Thanksgiving. Council Member Amundson congratulated Council Member Kovacic's daughter Kelly on being selected as "Teacher of the Year" by the State of California; he commented on the "Horse Shoes & Hand Grenades" brown bag Presentation being held at the Arcadia Historical Museum; he warned residents not to waste money on company's who offer reassessment of their property; he provided information regarding the 2009 Holiday Home Decoration Contest and he wished everyone a Happy Thanksgiving. City Clerk Barrows reminded everyone that the 56th annual Arcadia Band Review is Saturday, November 21 and that several streets in the west part of town will be closed or will have limited street access; and noted that 5,000 students will be participating. He also wished everyone a Happy Thanksgiving. Mayor Wuo thanked the Chamber of Commerce, Arcadia Chinese Association and the Masonic Temple for hosting the Asian Business Night; he commented that a resident has been remodeling his house for the last three years and would like to see the City amend the Municipal Code to protect neighbors who suffer long term remodeling and construction in the neighborhood; he announced that a new "On -Line Service" link has been added to the City's website which provides various search options i.e. city document search; building permit search and non police emergency crime reporting. He also wished everyone a Happy Thanksgiving. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of November 3, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of November 3, 2009. Recommended Action: Approve 51:0156 c. Authorize the City Manager to execute a one (1) year contract extension with CLS Landscape Management, Inc. for Landscape Maintenance Services at City facilities in the amount of $465,830. Recommended Action: Approve d. Authorize the City Manager to execute a contract with D & J Foothill Electrical Contractors Inc. for installation of a powered vehicle exhaust extraction system in the amount of $101,150. Recommended Action: Approve e. Authorize the City Manager to execute a contract with Gentry Brothers Inc. in the amount of $646,115 for the Road Rehabilitation of Santa Anita Avenue from Grandview Avenue to Foothill Boulevard Project. Recommended Action: Approve 51:0157 Regarding Consent Calendar Item 2.c., Council Member Kovacic announced that his law firm has represented CLS Landscape Management, Inc. on eminent domain matters and will abstain from voting. In response to a question raised by Council Member Kovacic, City Attorney Steve Deitsch responded that Council Member Kovacic can remain in the room and must record his vote as an abstention. In response to a question raised by Council Member Amundson regarding Consent Calendar Item 2.c, Mr. Malloy confirmed that there was no increase in the contract price and that the cost is the same 7% reduction as last year. Council Member Harbicht requested Consent Calendar Item 2.d be pulled for separate discussion. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Chandler and carried on roll call vote to approve Consent Calendar items 2.a through 2.c and 2.e. AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None ABSTAIN: Council /Agency Member Kovacic (Consent Calendar Item 2.c only) In response to a question raised by Council Member Harbicht, Mr. Penman responded that the installation of the powered vehicle exhaust extraction system in the amount of $101,250 was included in the Capital Improvement Project budget adopted by the City Council. Mr. Malloy added that the City yard is currently not equipped with a powered vehicle exhaust extraction system which is designed to remove vehicle exhaust fumes from the building while vehicles or equipment are on and also exposes employees to exhaust fumes which is a health issue. Mr. McVey, General Services Superintendent advised that the exhaust extraction system is a health issue to the employee and explained AQMD requirements regarding vehicle particulates and explained how the extraction system works. d. Authorize the City Manager to execute a contract with D & J Foothill Electrical Contractors Inc. for installation of a powered vehicle exhaust extraction system in the amount of $101,150. Recommended Action: Approve It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Harbicht and carried on roll call vote to authorize the City Manager to execute a contract with D & J Foothill Electrical Contractors Inc. for installation of a powered vehicle exhaust extraction system in the amount of $101,150 AYES: . Council /Agency Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None 11 -17 -2009 3. CITY MANAGER 51:0158 a. Authorize the City Manager to enter into a Right -Of -Way Use Agreement with NextG Networks of California, Inc. for the use of city streetlight poles and underground conduits for the installation of communication equipment. Recommended Action: Approve Phil Wray, Deputy Director of Development Services /City Engineer reported that the City was approached by NextG Networks of California, a telecommunications company to enter into a Right -of -Way Use Agreement for the use of City facilities to install and operate their equipment on City streetlight poles and in underground conduits; NextG proposed to pay a fee to the City for each pole or conduit; that NextG must obtain a City encroachment permit for the installation of equipment on any pole whether or not it is City- owned; that staff reviews each request using the criteria set forth in the City's recently adopted wireless communications ordinance; that the equipment on the street light poles are more aesthetically pleasing than on utility poles and that the City has more control over the choice of City pole locations. He noted that the Right -of -Way Use Agreement sets a use rate of $500 per year for each pole used and $1 per foot of underground conduit; and that there is no fiscal impact related to this request. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to authorize the City Manager to execute a Right -Of -Way Use Agreement with NextG Networks of California, Inc. for the use of city streetlight poles and underground conduits for the installation of communication equipment. AYES: Council Member Chandler, Harbicht, Amundson, Kovacic, and Wuo NOES: None ABSENT: None b. Report, discussion and direction regarding wildlife habitat in the northeast part of the City. Recommended Action: Receive and File Police Chief Sanderson presented a report regarding wildlife habitat in the northeast part of Arcadia; he noted that at the October 6, 2006 City Council meeting, concern was expressed regarding bears in the Highlands area; that the City Council directed staff to contact neighboring cities to see how bears have affected their communities. He reported that since January 2006, the Police Department has responded to over 200 calls involving bears and 11 calls regarding mountain lions; that in the past several months a 300 pound black bear was spotted in the north end of Arcadia at times eating from fruit trees, rummaging through trash cans and damaging residential property. He further reported that the Police Department contacted the California Department of Fish and Game to discuss the bear problem; that a "Depredation Permit" was requested that would authorize the homeowner to have the bear trapped, removed, or destroyed if necessary however staff was advised that the State would not authorize a depredation permit since Arcadia homeowners did not have "bear- proof" garbage cans and have not harvested ornamental fruit trees. Chief Sanderson provided additional background regarding previous bear incidents in Arcadia and other communities and how other cities handled their bear problems including. Pat Malloy, Assistant City Manager/ Director of Public Works Services reported on a survey conducted with the surrounding foothill communities; that the City of Monrovia has a program in place through their waste hauler (Athens) in which residents are provided a bear resistant trash cart equipped with a locking lid; that the residents are required to sign a contract and the cost is added to their monthly service bill. Mr. Malloy reported that the City's waste hauler does not 11 -17 -2009 By: James H. Barrows, City Clerk 51:0159 have a program in place; that based on staff's discussions with the City's waste hauler (Waste Management) he explained the two options suggested by Waste Management for consideration: Option 1 would be to work with the City to communicate with the residents and development an extensive public outreach campaign with useful information to deter bears from wandering into the neighborhoods; and Option 2 would be to provide residents with bear resistant residential trash carts which would require residents to pay a nominal fee in addition to their regular monthly service fee. Mr. Malloy explained the pros and cons regarding this program. Patrol Lieutenant Martin Wall with the California Fish and Game was introduced by Chief Sanderson who explained the responsibilities and procedures of the Fish and Game regarding trapping and relocating bears and other wildlife. Lt. Wall responded to several questions and concerns raised by the City Council. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to receive and file the report and direct staff to proceed with an enhanced outreach campaign to deter bears from wandering into the neighborhoods. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic, and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council /Redevelopment Agency meeting adjourned at 9:00 p.m. to Tuesday, December 1, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Lisa Mussenden Chief Deputy City Clerk/Records Manager 11 -17 -2009