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HomeMy WebLinkAbout11/15/2011 53:0194 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, NOVEMBER 15, 2011 CALL TO ORDER- Mayor Kovacic called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None STUDY SESSION/CLOSED SESSION PUBLIC COMMENTS CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to meet with legal counsel regarding the Claim of Houji Zhang. STUDY SESSION a. Report from Arcadia Downtown Business Association concerning establishing a Property Based Business Improvement District (PBID). Jerry Schwartz, Economic Development Manager provided a report regarding the Arcadia Downtown Business Association (ADBA) establishing a Property Based Business Improvement District (PBID); he reported that on January 18, 2011, the ADBA requested Agency assistance to hire a consultant to guide their group; that on February 15, 2011, staff presented some options to fund different phases of the downtown consulting work and on March 15, 2011, the Agency approved a contract with Urban Place Consulting to work with the ADBA to help them understand some of the strengths of the downtown and areas for growth and improvement. He indicated that the consultant distributed a survey about the downtown, assisted them with creating a non-profit status, developed a logo and website for the ADBA and assisted the ADBA in recognizing some of the potential advantages of a Business Improvement District; the ADBA invited and meet with representatives of other downtown areas to discuss their experiences with their downtown organizations; the ADBA voted to pursue a Property-Based Business Improvement District (PBID) for downtown Arcadia and explained the process of forming a PBID; he advised that the Urban Place Consulting contract does not include guiding the ADBA through the PBID process; and noted that if the Agency wanted to provide redevelopment funds for the PBID process, it would require a new contract; however he explained that a new contract could not be completed at this time with the temporary limits placed on activities by redevelopment law until the State Supreme Court makes a decision on two Redevelopment Bills by mid-January of 2012. He advised that staff could request bids from consultants to work with the ADBA on the PBID process so that a recommendation can be placed on a future agenda once the ruling on redevelopment law is made, if directed by the City Council; he mentioned that the formation of a PBID could take approximately 8 months to complete and is expected to cost between $50,000—70,000. Matt McSweeny, owner of Matt Denny's reported on how the ADBA Mission Statement and Core Group was created; he stated that Urban Place Consulting prepared a report including their own evaluation of the downtown and the benefits of a PBID and the timing process, including a downtown map showing ADBA's proposed boundaries; he discussed ideas for marketing the area as more businesses come in due to the Gold Line; and briefly explained the reasons why the ADBA 11-15-11 1 53:0195 needs financial assistance from the City/Agency; he indicated that an annual budget of approximately $200,000 is needed to fund the programs and activities that Downtown Arcadia needs. A representative of Urban Place Consulting was present to answer questions; he also indicated that a Business Improvement District (BID) would help improve the economic vitality of the area by receiving annual mandatory assessments from business or property owners and the BID was explained. It was moved by Council/Agency Member Harbicht, seconded by Council/Agency Member Segal and carried on roll call vote to approve the cost of funding the formation of the BID; and directed staff to proceed with an RFP with the understating that final approval is subject to the court's ruling on redevelopment law. AYES: Council/Agency Member Harbicht, Segal, Chandler, Amundson, and Kovacic NOES: None ABSENT: None b. Report, discussion and direction regarding Downtown Parking Study Status Report. Jason Kruckeberg, Assistant City Manager/Development Services Director reported that in March 2011, the City approved a Professional Services Agreement with Walker Parking Consultants for a Downtown Parking Study; and that Walker Parking in coordination with Development Services staff conducted field surveys, an online user preference survey, two downtown community meetings and a preliminary parking analysis. Linda Hui, Transportation Services Manager reported that in March 2011, the City Council approved a professional services agreement with Walker Parking Consultants to conduct a parking study in the downtown; she indicated that Walker Parking Consultants in coordination with the Development Services Department staff conducted field surveys, an online user preference survey, two downtown community meetings and a preliminary parking analysis; she provided the City Council a report concerning the status of the parking study. The City Council unanimously directed staff to continue working on the downtown parking study and report back on any additional parking options for the downtown business area. Mayor Kovacic adjourned the Study Session at 6:45 p.m. THE CITY COUNCIL/REDEVELOPMENT AGENCY CONVENED TO OPEN SESSION Mayor/Agency Chair Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Julie Bryant, Arcadia Episcopal Church of the Transfiguration PLEDGE OF ALLEGIANCE — Police Volunteer Vince Foley ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic 011 ABSENT: None 11-15-11 2 53:0196 REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS City Attorney Deitsch reported that prior to the regular meeting, the City Council met in a Closed Session to consider the one (1) item listed on the posted agenda, no reportable action was taken. In addition, Mr. Deitsch reported that the City Council met in a Study Session to hear a report from the Arcadia Downtown Business Association concerning establishing a Property Based Business Improvement District (PBID) and on motion by Council Member Harbicht, seconded by Council Member Segal, the City Council unanimously endorsed in principal efforts to establish a Property Based Business Improvement District in the downtown business area and authorize City staff to assist with initial tasks to establish the improvement district; and the second study session item related to a report, discussion and direction regarding the downtown parking study update; he reported that in March 2011, the City Council approved a professional services agreement with Walker Parking Consultants for a downtown parking study; that the parking study is well underway, Walker Parking Consultants in coordination with the Development Services Department staff have conducted field surveys, an online user preference survey, two downtown community meetings and a preliminary parking analysis; the Council received a report from City staff concerning the status of the parking study and staff will report to the City Council in the future on additional parking options for the downtown business area. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS - Mr. Penman stated there were no supplemental reports. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL - —------ A motion was made by Council Member Chandler, seconded by Council Member Segal to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of "Believe in Arcadia... Volunteer!" Award to the Arcadia Police Department Volunteers. 1. PUBLIC HEARINGS a. Appeal of the Planning Commission denial of Healthy Oak Tree Removal Application No. TRH 11-05 to remove two Coast Live Oak trees that are located on the common rear property line of 130 West Longden Avenue and 123 West Birchcroft Street based on the residents' allergy to Oak trees. Recommended Action: Conditional approval Jim Kasama, Community Development Administrator reported that the owner and resident of 130 W. Longden Avenue, Mrs. Linda Lee filed an application to remove two healthy Coast Live Oak trees located in the common rear property line with 123 W. Birchcroft Street because her two young sons are highly allergic to the Oak trees; and that the neighbors at 123 W. Birchcroft Street have consented to the removal of the trees; he indicated that Mrs. Lee purchased the property in March 2011 and at that time was not aware that her sons had allergies; that the applicant provided test results which showed they were both severally allergic to Oak trees; and noted that the application included a letter from a certified arborist which staff contacted and photographs of the trees. Mr. 11-15-11 3 53:0197 Kasama advised that the photographs were unacceptable and that allergies are not considered a hazard for Oak tree removal purposes and based on the arborist's report and the application was denied; the Modification Commission expressed concerns that this case could have policy setting implications because of the applicant's reasons for the removal of the Oak trees and voted 3-0 to refer it to the Planning Commission and the Planning Commission voted 4-0 (one Commissioner absent) to deny the application; Mayor Pro Tem Harbicht appealed the Planning Commission's decision because of the potential precedent setting implications of the application. Mayor Kovacic opened the public hearing. The applicant Mrs. Linda Lee appeared and provided photographs showing the allergic reactions the Oak trees have caused her children and urged the City Council to allow her to remove the Oak trees on her property. Jerry Pearson appeared and spoke in opposition of allowing the removal of the Oak trees and feels that a precedent will be set and expressed that cutting down the trees will not solve the allergy problem. Betsy Caputo appeared and also spoke in opposition of allowing the removal of the Oak trees and feels that cutting down the trees will not solve the allergy problem. Richard Larson appeared and commented on the oak tree on the property and felt that if the oak tree is infected, it should be removed. A motion to close the public hearing was made by Council Member Segal, seconded by Council Member Harbicht and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to approve Healthy Oak Tree Removal Application No. TRH 11-05 based on staffs conditions of approval, which included the location of the trees as problematic and the condition of the trees based on prior trimming; but not based on the health issues of the residents. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None PUBLIC COMMENTS Nicole Reed, President of PTA at Highland Oaks Elementary School provided a report and highlights on various and upcoming activities at Highland Oaks and definitions of THANKS as it relates to the school and community; she thanked Detective Ashby who spoke to the 59h graders during Red Ribbon Week about the dangers of smoking, alcohol and drugs. Paul Snyder an Arcadia resident appeared and complained about a business that he feels is performing abortions and urged the City Council to help move this business out of Arcadia. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler wished everyone a happy and safe Thanksgiving. 11-15-11 4 53:0198 Council Member Segal reminded everyone that Saturday is Arcadia's Festival of Bands and encouraged everyone to attend; he wished everyone a Happy Thanksgiving; and announced that Arcadia Beautiful Commission will be judging holiday awards on December 8, 2011 and residents should contact the City Manager's office to nominate a property. Council Member Amundson announced Breakfast with Santa on December 3; he thanked the Arcadia Police Volunteers for all they do; he noted the different services and discounts Waste Management provides to Arcadia residents; he thanked Mr. Snyder for bringing his concerns to the City Council's attention; and wished everyone a Happy Thanksgiving. Mayor Pro Tem Harbicht announced that tonight is the opening night of the "39 Steps" play at the Arcadia Theatre and encouraged everyone to attend. City Clerk Barrows announced the Festival of Bands on Saturday and provided information regarding closed streets and traffic; he thanked the City Council for recognizing the Arcadia Police Volunteers; he congratulated Captain Paul Foley, Captain Larry Goodman, Lt. Mike Castro and Sgt. John Bonomo on their recent promotions; he provided an update of Arcadia High School Football games and statistics; he wished everyone a Happy Thanksgiving and announced his personal thanks. Mayor Kovacic complimented Chief Guthrie and the City Manager Don Penman for the promotional ceremony that took place earlier in the day; he encouraged everyone to attend the Thanksgiving services by Arcadia Interfaith Church at Holy Angels Church on Monday; he wished everyone a Happy Thanksgiving and announced his personal thanks. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Adopt Resolution No. 6800 authorizing submittal of the FY 2011-2012 Transportation Development Act—Article 4 Claim Forms to receive Capital and Operation Funds for Arcadia Transit. Recommended Action: Adopt b. Adopt Ordinance No. 2291 approving Zone Change No. ZC 11-01 to change the zoning of the property at 650 West Huntington Drive from "Commercial Office/C-O" to "High Density Multiple-Family Residential/R-3". Recommended Action: Adopt c. Authorize the City Manager to execute a one (1) year contract extension with J & S Striping for Street Striping and Pavement Marking Services in the amount of $85,092. Recommended Action: Approve d. Accept all work performed by J A Salazar Construction & Supply Corp. for Installation of the Pressure Reducing Station from Zone 2 to Zone 2A proiect as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve 11-15-11 5 53:0199 e. Accept all work performed by Parc Specialty Contractors, Inc. for the Lead Paint Abatement and Painting of the Sierra Madre Boulevard Bridge over the Sierra Madre Wash as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve It was moved by Council Member Amundson, seconded by Council Member Segal and carried on roll call vote to approve Consent Calendar items 2.a through 2.e. AYES: Council Member Amundson, Segal, Chandler, Harbicht, and Kovacic NOES: None ABSENT: None CITY MANAGER/EXECUTIVE DIRECTOR ITEMS a. Accept a donation of a bronze statue of Lucky Baldwin from Margaux Viera; approve the location where said statue would be installed; approve the use of City funds to pay for the project; direct staff to pursue the creation of a pedestal, dedication plaque and associated landscaping and lighting; authorize the City Manager to execute an Agreement on the City's behalf with Ms. Viera outlining the responsibilities of each party concerning this project. Recommended Action: Approve Linda Garcia, Communications, Marketing and Special Projects Manager reported that Margaux Viera, the great, great, great granddaughter of Lucky Baldwin has proposed donating a 9' tall cast in solid bronze statue of Lucky Baldwin for display on public property; she provided detailed information regarding the proposed 9' tall statute, the pedestal, the proposed location as the Rose Garden, security for the statute, cost and the schedule; and noted that the artist Mrs. Viera selected is Alfred Parades. She indicated that in 2005 a trust fund was established with $25,000 from Westfield to be used specifically for "public art"; and that once details of the project are in place, a more specific cost estimate will be available; and advised that the total cost may exceed the $25,000 available in the trust fund and any additional money will come from the General Fund or the Capital Outlay Fund. It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to move forward with the project; and approved spending no more than $25,000 on the project. AYES: Council Member Chandler, Segal, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None b. Consideration of a Five Year Lease with the Arcadia Chamber of Commerce for City- owned property at 388 West Huntington Drive. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that the current five year lease with the Arcadia Chamber of Commerce for City owned property at 388 West Huntington Drive expires on December 3, 2011; that the lease rate is $400 per month or $4,800 per year and will continue at the same rate; that in exchange for the reduced rent rate, the Chamber provides a number of general 11-15-11 6 53:0200 services that benefit the Arcadia business community and community at large; and recommended renewal of the five year lease with the same terms. It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to approve the five year lease with the Arcadia Chamber of Commerce for City-owned property at 388 West Huntington Drive. AYES: Council Member Segal, Harbicht, Amundson, Chandler, and Kovacic NOES: None ABSENT: None c. Report on Federal Safe Routes to School Grant Fund. Recommended Action: Accept the Grant Fund Phil Wray, Deputy Director of Development Services/City Engineer reported that Linda Hui, Transportation Services Manager applied for and was awarded a grant in the amount of $647,000; that Caltrans received 332 applications statewide and Arcadia's application was one of the 27 selected from District 7 (Los Angeles and Ventura Counties); and explained that the funds are 100% reimbursable which means a local match is not required. Linda Hui, Transportation Services Manager reported that the Federal Safe Routes to School program will fund pedestrian improvements in the Hugo Reid Elementary School area; she explained that the program provides funding to projects that remove barriers that prevent students from walking or bicycling to school; that the barriers include lack of infrastructure, unsafe infrastructure and lack of programs that promote walking and bicycling; she noted that the goal of the Safe Routes to School Program is to reduce childhood obesity. She indicated the application proposed pedestrian infrastructure improvements such as sidewalks, crosswalks and street corner enhancements as well as pedestrian warning signs and pedestrian signal modifications in the general vicinity of Hugo Reid Elementary School; and helps improve pedestrian safety and infrastructure to encourage more pedestrian activities by students. Mayor Pro Tern Harbicht thanked and congratulated Linda Hui and Phil Wray for obtaining the grant funds. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to authorize the City Manager to accept the Federal Safe Routes to School Program grant funding. AYES: Council Member Harbicht, Chandler, Amundson, Segal and Kovacic NOES: None ABSENT: None d. Consideration and discussion regarding possible submission to the voters of Transient Occupancy Tax ("TOT") Ordinance amendment. Recommended Action: Provide direction City Attorney Steve Deitsch reported that the City of Arcadia currently has a Transient Occupancy Tax Ordinance which imposes a tax of 10% on the occupancy by transients at any hotel; he explained that the City was recently sued by guests of a certain hotel who have occupied a room for more than 30 days; he stated that as a result of the pending litigation, the City Attorney office reviewed the City's long standing Transient Occupancy Tax Ordinance and decided to bring forward 11-15-11 7 53:0201 for consideration the possibility of submitting to the voters an ordinance that would amend the Transient Occupancy Tax Ordinance; he noted that a copy of the proposed ordinance is attached as part of the staff report and includes provisions that require direction from the City Council prior to finalization; he explained that if the City Council decides to proceed with an amendment, the proposed ordinance would be submitted to the voters for approval at the April 10, 2012 General Municipal Election; and that under Proposition 218 any new tax or an increase in a tax would have to be submitted to the voters at a general municipal election; he indicated that a memorandum is included in the agenda that highlights the issues that were focused on in drafting the proposed ordinance amending the Transient Occupancy Tax Ordinance. He advised the City Council that if they were interested in going to the voters with the amended ordinance that they may want to give consideration to (1) extending the period of taxable transiency from 30 to 90 days; (2) increase the occupancy tax of 10% or increase now and impose it at a later date, or (3) set a non-taxable floor under which the tax could be charged. It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to approve the proposed ordinance (measure) for submission to the voters of a Transient Occupancy Tax Ordinance amendment at the April 10, 2012 General Municipal Election as prepared by the City Attorney; that the length of stay for taxation purposes be changed to 90 days and no change to the rate increase or floor charges. AYES: Council Member Segal, Harbicht, Amundson, Chandler, and Kovacic NOES: None ABSENT: None e. Introduce Ordinance No. 2293 adding Section 1703 to Chapter 7 of the Article 1 of the Arcadia Municipal Code authorizing the City to conduct City Elections by All Mail Ballot and to establish local rules and regulations for the conduct of City Elections within the City of Arcadia. Recommended Action: Introduce City Attorney Steve Deitsch reported that Ordinance No. 2293 authorizes the City to conduct City Elections by all mail ballot on any established election date whether under the California Elections Code or the City Charter by resolution of the City Council, for any purpose, including the election of municipal officials or officers or for any measure to be submitted to the voters; that the City Council at a study session on January 18, 2011, unanimously voted to authorize conducting the April 10, 2011 General Municipal Election as an all mail ballot; and that the City Charter and Municipal Code are currently silent on the issue of all mail ballot elections. He provided that Elections Code Section 4000 which governs mailed ballot elections, only authorizes mailed ballot elections for a limited scope of issues which does not include general elections for municipal officials or officers; and without an amendment to the Municipal Code, the City would not legally be authorized to conduct the scheduled General Municipal Election by all mail ballot. He explained that the proposed ordinance for consideration establishes that the City may, by resolution of the City Council, from time to time, conduct all mail ballot elections for any City election including general municipal elections or for any measure to be submitted to the voters; he noted that the proposed ordinance does not call for an all mail ballot election for any specific date and any action to call such an election would need action by City Council resolution; that a resolution call an April 10, 2012 General Municipal Election by all mail ballot will be presented at the December 6, 2011 City Council meeting along with Ordinance No. 2293 for second reading and adoption. Mr. Deitsch recommended that the City Council introduce Ordinance No. 2993 authorizing the City to conduct City Elections by all mail ballot and to establish local rules and regulations for the conduct of City elections within the City of Arcadia. 11-15-11 8 53:0202 Mayor Kovacic requested that the staff report on December 6, 2011 for an all mail ballot election address increased voter participation and cost savings as justification for an all mail ballot election. It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to introduce Ordinance No. 2293 adding Section 1703 to Chapter 7, Article I of the Arcadia Municipal Code authorizing the City to conduct City elections by all mail ballot and to establish local rules and regulations for the conduct of City elections within the City of Arcadia. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Phil Sexton at 9:05 p.m. to Tuesday, December 6, 2011, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. K*i c, ill ay r ATTEST: i« Aso lames H. Barrows, City Clerk 11-15-11 9