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HomeMy WebLinkAboutNovember 17, 2009CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, NOVEMBER 17, 2009 1 51:0153 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 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: 2 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 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 REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK 51:0155 Ruth Lagace, Arcadia High School PTSA President provided a report regarding various events and activities occurring at Arcadia High School. 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 3 51:0156 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 21s 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" Zink 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 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 4 11 -17 -2009 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) AYES: . Council /Agency Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None 5 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. 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 11 -17 -2009 3. CITY MANAGER AYES: Council Member Chandler, Harbicht, Amundson, Kovacic, and Wuo NOES: None ABSENT: None 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. 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 6 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. ATTEST: James H. Barrows, City Clerk 7 51:0159 11 -17 -2009