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HomeMy WebLinkAbout12/06/2011 53:0202 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 6, 2011 CALL TO ORDER - Mayor Kovacic called the Special Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Harbicht, Segal and Kovacic ABSENT: Council/Agency Member Chandler It was moved by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht to excuse Council/Agency Member Chandler from the Study Session/Closed Session meeting. STUDY SESSION/CLOSED SESSION PUBLIC COMMENTS - None STUDY SESSION 1. Report, discussion and direction regarding the impacts of the wide spread wind storm that occurred in the City of Arcadia on December 1, 2011. Mayor Kovacic called for public comments prior to hearing a report from staff. Sheldon Bull appeared and commented that the City of Arcadia has done a great job in cleaning up, but that Edison dropped the ball; he indicated that Edison did not know their electricity had been out; and noted there are many residents in the Oaks who are frustrated and angry and are considering a lawsuit against Edison. Ralph Bicker, Chairman of the Highland Oaks ARB appeared and explained that several trees at Canyon Road and Elkins that are scheduled to be removed in the future should be removed sooner; he described the damage at his property caused by the trees and recommended that trees be topped. Mayor Kovacic reported that the City Emergency Operation Center was activated at 3:00 a.m. on December 1 and declared a State of Emergency at 8:00 a.m. that same morning; that Public Works Services received over 700 call for service related to the windstorm and the Police Department received over 1,250 calls; and noted that priorities were to assess damage, address public safety issues and remove trees from structures; that once hazards were removed from the streets, the debris clean up began; that City crews worked throughout the weekend on windstorm recovery which continues; and that in addition to using City staff, private companies were hired to assist with the tree and debris removal; that assistance from the County of Los Angeles was requested and received; he noted that electrical power has been a major issue in Arcadia with power still not restored 100% and is under the complete control of Edison; that the police department has been operating with an adjusted schedule until power is fully restored throughout the City; and reported on trash services and pick up schedules; he announced the Community Center is open as a "warming center" for those who need a warm place to stay or who need to charge their cell phones or computers; and noted that all Arcadia schools are open; and stated that the Arcadia County Park and Arboretum are County owned and maintained facilities and will be dealt with by County workers, not the City. 12-06-11 1 53:0203 Gene Jerrow appeared and commented on the public being unhappy and noted that communication is important in a disaster; she stated that people do not want to hear a message, they want to hear a voice at the other end; she felt that people should have been reaching out to one another and that people should have been door knocking and leaving leaflets at doors in an attempt to keep residents informed. John (inaudible) appeared and shared his frustration with Edison's lack of communication and incompetence. Laura Seaver appeared and also commented that she still does not have power and did not see an Edison truck in her neighborhood until earlier today. Marney Sarapoious appeared and also shared her frustration with Edison and their lack of communication. Mr. Penman noted that the Governor is not prepared to provide any funding unless in the case of a catastrophe. Jason Kruckeberg reported that there were 35 structures inspected, 13 buildings red tagged, 7 buildings were multi-family and 6 were single family structures; that an estimated 44 residents were required to evacuate and 6 of the red tags were lifted and of the remaining 7 red tagged buildings trees were removed and work is in progress by Edison; and explained that the estimated damage, repair and clean up costs for the City is conservatively estimated at $2 million and includes tree and debris removal, disposal, emergency overtime costs and clean up efforts; and noted that the cost does not include private damage. Kurt Norwood, Deputy Fire Chief reported that 425 calls were received and ranged from fire, medical, hazardous conditions, fire alarms and calls for general service; that the total estimated fire damage is about $20,000; and approximately 200 electrical power lines were investigated; that Fire Department personnel supported Public Works Services Department by checking or clearing approximately 45 locations for emergency vehicle access on city streets; and when applicable, Fire Department personnel removed down tree limbs that impeded emergency vehicle access, set out barricades at 36 locations and established stop signs at various locations; and an additional 24 locations were investigated for updated damage assessment at the request of the Public Works Services Department. Tom Tait, Public Works Services Director reported that the main goal was to clear debris and hazards from major arterial and secondary streets and that hazards from curb to curb in residential streets are now being cleared; he stated that 785 calls for service were received and 543 were calls regarding fallen trees; that 62 trees fell on structures and were cleared with the assistance of contract employees; and stated that there are over 65 contract employees plus City employees working 10 hours days. In response to City Council and public comments and questions regarding debris removal, Carolyn Anderson from Waste Management explained that Waste Management sent out reverse calls with information relating to regular and special trash pick-ups and alternatives for debris pick up. 12-06-11 2 53:0204 Bob Guthrie, Police Chief reported that the Police Department had been operating on a tactical deployment schedule since early morning on December 1st which means 12 hours on and 12 hours off shift and 30-40 personnel on hand 24 hours a day. Mayor Kovacic reported that the City Emergency Operation Center was activated at 3:00 a.m. on December 1 and was declared a State of Emergency at 8:00 a.m. that same morning; that Public Works Services received over 700 call for service related to the windstorm and the Police Department received over 1,250 calls for service; that City crews worked throughout the weekend on windstorm recovery; in addition to using City staff, private companies were hired to assist with the removal of the trees and debris; and assistance from the County of Los Angeles was also requested and received; that electrical power has been a major issue in Arcadia with power still not restored in some areas and is under the complete control of Edison; that the police department has been operating with an adjusted schedule that has allowed double the number of police officers in the field until power is fully restored throughout the City; he reported on trash services and pick up schedules; and announced that the Community Center is open as a "warming center" for those who need a warm place to stay or who need to charge their cell phones or computers and that all Arcadia schools were open after being closed Thursday and Friday. He explained that the Arcadia County Park and Arboretum are County owned and maintained facilities and will be dealt with by County workers, not the City. JoEllen Chatham, Southern California Edison Public Affairs Director appeared and thanked the City for their cooperation in working with Edison; she explained what Edison is doing and how Edison failed the residents of Arcadia. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Mitchel Mayhew, Lisa Mayhew, Regina Mayhew, Rachel Mayhew, a minor, and Emily Mayhew, a minor, by and through their Guardian Ad Litem, Lisa Mayhew v. City of Arcadia, et. al. and Does 1 through 100, inclusive. (Los Angeles County(Pasadena) Superior Court Case No. GC047306. b. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding anticipated litigation —one (1) case. Mayor Kovacic adjourned the Study Session at 6:50 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 Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE — Gene Glasco, Arcadia Historical Society President City Attorney Stephen Deitsch announced that a portion of the regular meeting would be conducted by teleconference in order for Council Member Chandler to participate; he indicated that Council Member Chandler is at his residence and in accordance with the Brown Act, the December 6, 2011 City Council agenda was posted at the teleconference location. 12-06-11 3 53:0205 ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None 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 two (2) items listed on the posted agenda, no reportable action was taken. He further reported that Item b related to a vehicular accident involving a police vehicle; no reportable action was taken. Mr. Penman reported that the City Council conducted a Special Meeting at 5:00 p.m. to provide residents and the City Council with an update regarding the wind storm events that began on November 30, 2011; he noted that a resolution declaring a local emergency and a proposed Urgency Ordinance requiring the removal of downed privately owned trees with the City public right- of-way requires action by the City Council and requested these items be added to the agenda for consideration and action to be heard prior to the first public hearing on the agenda. City Attorney Deitsch announced that in order to add the items relating to the wind storm to the agenda, the City Council must first make two (2) findings (1) that there is a need to take immediate action; and (2) the need to take action arose after the agenda was posted; and that a 2/3rd vote (four affirmative votes) based on the findings is required. It was moved by Council Member Harbicht, seconded by Council Member Amundson and carried on roll call vote to add Resolution No 6811 ratifying the Proclamation of the existence of a local emergency within the City issued on December 1, 2011 pertaining to the extreme wind event which began on November 30, 2011 and Urgency Ordinance No. 2292 requiring the summary removal of downed privately owned trees within a public right-of-way and the notice prepared by the City Attorney to property owners to remove downed privately owned trees or shrubs be added to the agenda prior to the first Public Hearing item. AYES: Council Member Harbicht, Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: None SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS - Mr. Penman announced that supplemental items relating to Public Hearing Item 1.a (Resolution No. 6770), 1.c (Resolution No. 6806), City Clerk Item 2.a (Election Resolutions) and a sketch of the Lucky Baldwin statute was distributed to the City Council and will be discussed under those items; He also announced that due to the high wind storm that began on November 30, 2011, a resolution declaring a local emergency and an Urgency Ordinance requiring the removal of downed privately owned trees with the City public right-of-way requires action by the City Council and will be discussed later during the open meeting. 12-06-11 4 53:0206 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Segal, seconded by Council Member Amundson to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation to the City from Elisa Clifford of Southern California Edison —was not present. b. Presentation of"Believe in Arcadia...Volunteer!" Award to "Soldiers' Angels". ADDED ITEMS Stephen Deitsch, City Attorney explained that for City Council consideration on the regular agenda, staff will present an urgency ordinance which will allow the City to enter private property, and public rights of way in particular and remove anything that is considered a danger to the public and bill them and give provide them an opportunity to have a hearing. At the request of Mr. Penman, staff members provided status reports regarding the damages that occurred as a result of the wind storm that occurred on November 30, 2011: Jason Kruckeberg reported that there were 35 structures inspected, 13 buildings red tagged, 7 buildings were multi-family and 6 were single family structures; that an estimated 44 residents were required to evacuate and 6 of the red tags were lifted and of the remaining 7 red tagged buildings trees were removed and work is in progress by Edison; and that the estimated damage, repair and clean up costs for the City is conservatively estimated at $2 million and includes tree and debris removal, sidewalk repairs, disposal, emergency overtime costs and clean up efforts; and noted that the cost does not include private damage. He stated that there were no fatalities and that only one Fire Fighter and Public Works Services Department employee was injured. Kurt Norwood, Deputy Fire Chief reported that 425 calls were received and ranged from fire, medical, hazardous conditions, fire alarms and calls for general service; that the total estimated fire damage is about $20,000; and approximately 200 electrical power lines were investigated; that Fire Department personnel supported Public Works Services Department by checking or clearing approximately 45 locations for emergency vehicle access on city streets; and when applicable, Fire Department personnel removed down tree limbs that impeded emergency vehicle access, set out barricades at 36 locations and established stop signs at various locations; and an additional 24 locations were investigated for updated damage assessment at the request of the Public Works Services Department. Tom Tait, Public Works Services Director reported that the main goal was to clear debris and hazards from major arterial and secondary streets and that hazards from curb to curb in residential streets are now being cleared; he stated that 785 calls for service were received and 543 were calls regarding for fallen trees; that 62 trees fell on structures and were cleared with the assistance of contract employees; and stated that there are over 65 contract employees including City employees working 10 hours days. 12-06-11 5 53:0207 Bob Guthrie, Police Chief reported that the Police Department had been operating on a tactical deployment schedule since early morning on December 1st which means 12 hours on and 12 hours off shifts and 30-40 personnel on hand 24 hours a day; that there has been no traffic incidents or reported crimes associates with the windstorm event; and that in support of the Public Works Department, the Police Department set out barricades and patrolled the effected streets and intersections and also worked with the School District in reducing traffic. Mayor Kovacic reported that the City Emergency Operation Center was activated at 3:00 a.m. on December 1 and was declared a State of Emergency at 8:00 a.m. that same morning; that Public Works Services received over 700 call for service related to the windstorm and the Police Department received over 1,250 calls for service; that City crews worked throughout the weekend on windstorm recovery; in addition to using City staff, private companies were hired to assist with the removal of the trees and debris; and assistance from the County of Los Angeles was also requested and received; that electrical power has been a major issue in Arcadia with power still not restored in some areas and is under the complete control of Edison; that the police department has been operating with an adjusted schedule that has allowed double the number of police officers in the field until power is fully restored throughout the City; he reported on trash services and pick up schedules; and announced that the Community Center is open as a "warming center" for those who need a warm place to stay or who need to charge their cell phones or computers and that all Arcadia schools were open after being closed Thursday and Friday. He explained that the Arcadia County Park and Arboretum are County owned and maintained facilities and will be dealt with by County workers, not the City and that all schools are open but the Library remains closed. JoEllen Chatham, Southern California Edison Public Affairs representative appeared and explained Edison's efforts in restoring powers to residents and commented on communication and safety efforts during a disaster. It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6811 ratifying the Proclamation of the existence of a local emergency within the City issued on December 1, 2011 pertaining to the extreme wind event which began on November 30, 2011. AYES: Council Member Segal, Harbicht, Amundson, Chandler and Kovacic NOES: None ABSENT: None It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt Urgency Ordinance No. 2292 requiring the summary removal of downed privately owned trees within a public right-of-way and the notice prepared by the City Attorney to property owners to remove downed privately owned trees or shrubs. AYES: Council Member Segal, Harbicht, Amundson, Chandler and Kovacic NOES: None ABSENT: None Carolyn Anderson from Waste Management explained that Waste Management sent out reverse calls with information relating to regular and special trash pick-ups and options for pick up. 12-06-11 6 53:0208 1. PUBLIC HEARINGS a. Adopt Resolution No. 6770 creating a single resolution that contains design guidelines, development standards, and processing procedures for construction in all five single family Homeowners' Association areas. Recommended Action: Adopt Jason Kruckeberg, Assistant City Manager/Development Services Director reported that the City Council gave consideration to important aspects of the joint resolution such as the extent of authority granted to the HOA's, floor area, landscaping and hardscape, tree retention and removal, setbacks, notification of neighbors and processing of design review cases and explained that Resolution No. 6770 is the result of nearly two years of collaboration and effort between the HOA's and City staff and incorporates direction from the City Council received during past study sessions. He reported that the overall goals and purpose for the resolution has not changed, however, there are a number of areas where language was updated and revised and commented on those major area of change i.e. site planning and streetscape, privacy and views, trees, notification areas and neighbor sign-off and short review vs. regular review. Mayor Kovacic opened the public hearing. Mary Dougherty, President of the Santa Anita Oaks Homeowners Association appeared and thanked all the Chairpersons of the Architectural Review Boards and Presidents of the Homeowners Associations who worked long hours on creating a single resolution that contains guidelines for all five single family Homeowners' Association areas and provided comments concerning the short review process and rights of the neighbors. She also announced her candidacy for City Council in April 2012. Laurie Thompson, Chairperson of the Village ARB appeared and commented on the purpose of Resolution No. 6770 and encouraged City Council adoption. Hank Jong, an Arcadia resident appeared and expressed his concerns regarding the adoption of Resolution No. 6770 and the notification process; he feels that the Association is unreasonable regarding landscaping such as trees that are not on the City's protected list and would like to see city staff override the Association when they deviate beyond code requirements. Ralph Bicker, ARB Chairperson appeared and is not sure of the neighbor sign-off and short form vs. regular review process. At the request of staff, Mary Dougherty explained the process. A motion to close the public hearing was made by Council Member Segal, seconded by Council Member Amundson and seeing no further objection, Mayor Kovacic declared the public hearing closed. Mayor Pro Tern Harbicht stated that the City currently has no control over trees on private property and asked why the City is giving the ARB's that control and would like to see that wording removed. Mayor Pro Tem Harbicht made a motion to remove the entire second paragraph of Section 4 M relating to trees; and for discussion purposes, Council Member Segal seconded the motion. 12-06-11 7 53:0209 It was moved by Mayor Pro Tern Harbicht, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6770 creating a single resolution that contains design guidelines, development standards, and processing procedures for construction in all five single family Homeowners' Association areas with the elimination the entire second paragraph of Section 4 M. AYES: Council Member Harbicht, Amundson, and Chandler NOES: Council Member Kovacic and Segal ABSENT: None The motion made by Mayor Pro Tern Harbicht to revise Section C by imposing a 300 foot radius died for a lack of a second. It was moved by Mayor Pro Tern Harbicht, seconded by Council Member Chandler and carried on roll call vote to revise Section C to replace the parcel calculation with a radius calculation of 300 feet. AYES: Council Member Harbicht and Chandler NOES: Council Member Amundson, Segal and Kovacic ABSENT: None Mayor Kovacic noted that a Yes vote would be for Attachment B and a No vote would be for Attachment C. It was moved by Mayor Pro Tem Harbicht, seconded by Council Member Segal and carried on roll call vote to approve Attachment B, in concept, regarding the Short Review Process Procedures. AYES: Council Member Harbicht, Segal and Chandler NOES: Council Member Amundson and Kovacic ABSENT: None It was moved by Mayor Pro Tem Harbicht, seconded by Council Member Segal and carried on roll call vote to table Resolution No. 6770 to the next meeting so that staff can bring back a clean version for adoption as a result of City Council action on this item. AYES: Council Member Harbicht, Segal, Amundson, Chandler and Kovacic NOES: None ABSENT: None a. Adopt Resolution No. 6806 establishing and/or adjusting various fees for City services. Recommended Action: Adopt Hue Quach, Administrative Services Director reported that user fees and charges are payments for publicly provided services that benefit individuals and include recreational, building permit and false alarm fees; and in establishing user fees for municipal services, activities or products the municipality is recognizing the need to recover its operating costs associated with providing the service; and that utilizing a cost recovery approach to establish the fee amount ensures that the fees charged bear a relationship to the cost of providing the service. He discussed briefly that fee increases are being proposed in the Development Services Department, Fire Department, Library and Museum Services Department and Public Works Services; he noted that the approval of the various fees and charges is projected to generate $29,500 for the remainder of 2011-12; and that 12-06-11 8 53:0210 approximately $14,200 is going to the General Fund and $15,300 is going to the Water Enterprise Fund. Mayor Kovacic opened the public hearing. 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 Harbicht and carried on roll call vote to adopt Resolution No. 6805 establishing and/or adjusting various fees for City services. AYES: Council Member Segal, Harbicht, Amundson, Chandler and Kovacic NOES: None ABSENT: None a. Adopt Resolution No. 6805 approving Architectural Design Review No. 2005-026 and Resolution No. 6562 regarding the Phase lb Expansion (The Promenade) of the Westfield Santa Anita Mall at 400 South Baldwin Avenue to increase the restaurant space from 10,000 square feet to 30,000 square feet. Recommended Action: Adopt Lisa Flores, Senior Planner reported that Westfield, LLC requested an amendment to No. 9 of Resolution No. 6562 for the approval of Architectural Design Review No. ADR 2005-026 for the Phase 1 b expansion of the Westfield Santa Anita Mall; she stated that the requested amendment is to increase the amount of restaurant space in The Promenade from 10,000 square feet to 30,000 square feet which includes outdoor dining space; and that the requested change will not increase the 107,366 total square footage approved for The Promenade. She explained that the Promenade expansion was approved with a condition that limits restaurant uses to a total of 10,000 square feet based on proposed mix of commercial uses; but that due to the current economic climate, Westfield is requesting an amendment to the condition to increase the maximum restaurant space from 10,000 to 30,000 square feet to enhance the activities at The Promenade. She discussed parking, traffic, utilities and service system and code requirements. Mayor Kovacic opened the public hearing. John Healy, Westfield appeared and introduced his team for this Project and explained the reasons for the request including the down turn in the economy. Scott Hettrick, Executive Director of the Chamber of Commerce expressed the Chamber's support of the expansion of restaurant space at The Promenade at the Santa Anta Mall. Scott Sayer an Arcadia resident appeared and addressed the abandoned tree wells along Baldwin Avenue and proposed that the applicant replace the trees in the tree wells; he also proposed additional parking spaces with the approval of the project. At the request of the City, Westfield agreed to replace the trees in the tree wells along Baldwin Avenue upon the pulling of the permit for the first restaurant. Mr. Gibson, as an Arcadia resident, thanked City staff for the great job they have done regarding clean-up efforts and discussed the parking issues. 12-06-11 9 53:0211 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 Harbicht and carried on roll call vote to adopt Resolution No. 6805 approving Architectural Design Review No. 2005-026 and Resolution No. 6562 regarding the Phase 1 b Expansion (The Promenade) of the Westfield Santa Anita Mall at 400 South Baldwin Avenue to increase the restaurant space from 10,000 square feet to 30,000 square feet with added language that Westfield will plant 21 trees in the tree wells along Baldwin Avenue upon the pulling of the permit for the first restaurant. City Attorney Deitsch read the included language as "along Baldwin Avenue, the owner of the Mall shall replant 21 missing trees in the existing empty tree wells of a size and species as approved by the Development Services Department within 30 days of obtaining a permit for the first restaurant that causes gross leasable area for restaurants in Phase 1 b to exceed 10,000 square feet." AYES: Council Member Segal, Harbicht, Amundson, Chandler and Segal NOES: None ABSENT: None PUBLIC COMMENTS - No one appeared. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler had nothing to report. Council Member Segal commended staff on all their hard work during the aftermath of the wind storm; and wished everyone Happy Holidays and Happy New Year. Council Member Amundson also commended staff for their hard work during the past week and hoped that Edison will realize that communication is the key to good customer service; and he wished everyone happy holidays and reminded everyone to shop Arcadia. Mayor Pro Tem Harbicht also commended staff and noted that he was impressed and proud with the reaction of City staff and citizens on dealing with the crises; he announced that he attended the San Gabriel Valley Energy luncheon and congratulated Public Works Services Department and Tom Tait for the Energy Leader and Energy Efficient Award; and he also wished everyone a Merry Christmas. City Clerk Barrows stated that he worked at the EOC and was very impressed with staff's hard work in the aftermath of the windstorm; and congratulated Mayor Kovacic and Mr. Deitsch for being included in the Best Lawyer's 2012 Magazine. Mayor Kovacic announced Coffee with Mayor on Friday, December 9th at 8:30 a.m. where Chief Guthrie will be the guest speaker and Arcadia Santa Squad on December 19th; he also congratulated Public Works Services for receiving the American Public Works Association Project of the Year Award; he encouraged everyone to check their earthquake kit and be prepared; and wished everyone Happy Holidays. He also commended staff during the emergency efforts and reminded residents to be prepared; he wished everyone happy holidays; and announced that his son is an Oregon Duck and will be attending the Rose Bowl game and encouraged everyone to root loudly for the Ducks, but to be accommodating to the Badgers. 12-06-11 10 53:0212 Mr. Penman commended City staff on a job well done during the recent windstorm. 2. CITY CLERK ITEMS a. Adoption of Resolutions relating to the General Municipal Election to be held on April 10, 2012 (All Mail Ballot or Traditional Election). Alternate "A" - Resolutions relating to an All Mail Ballot Election: Resolution No. 6801 calling for the placement of a General Tax Measure on an All Mail Ballot to be held at the April 10, 2012 General Municipal Election for the submission to the qualified voters of a proposed ordinance amending the City's Transient Occupancy Tax by extending the period of transiency subject to the tax from 30 to 90 days, addressing online travel company and other third party bookings, and making various conforming changes. Recommended Action: Adopt Resolution No. 6808 setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis. Recommended Action: Adopt Resolution No. 6809 providing for the filing of rebuttal arguments for City measures submitted at municipal elections. Recommended Action: Adopt Resolution No. 6802 calling for the holding of an All Mail Ballot General Municipal Election on Tuesday, April 10, 2012 for the election of certain officers as required by the City Charter. Recommended Action: Adopt Resolution No. 6803 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of an All Mail Ballot General Municipal Election to be held on Tuesday, April 10, 2012. Recommended Action: Adopt Resolution No. 6804 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an All Mail Ballot Election to be held on Tuesday, April 10, 2012. Recommended Action: Adopt Resolution No. 6810 establishing procedures for conducting City elections by All Mail Ballot. Recommended Action: Adopt Alternate "B" - Resolutions relating to a Traditional Election (Polling Places): Resolution No. 6801 calling for the placement of a General Tax Measure to be held at the April 10, 2012 General Municipal Election for the submission to the qualified voters of a proposed ordinance amending the City's Transient 12-06-11 11 53:0213 Occupancy Tax by extending the period of transiency subject to the tax from 30 to 90 days, addressing online travel company and other third party bookings, and making various conforming changes. Recommended Action: Adopt Resolution No. 6808 setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis. Recommended Action: Adopt Resolution No. 6809 providing for the filing of rebuttal arguments for City measures submitted at municipal elections. Recommended Action: Adopt Resolution No. 6802 calling for the holding of a General Municipal Election on Tuesday, April 10, 2012 for the election of certain officers as required by the City Charter. Recommended Action: Adopt Resolution No. 6803 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, April 10, 2012. Recommended Action: Adopt Resolution No. 6804 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an Election to be held on Tuesday, April 10, 2012. Recommended Action: Adopt Mr. Penman provided a brief summary of the General Municipal Election to be held on April 10, 2012; he indicated that staff has prepared two sets of resolutions for consideration and adoption depending on an all mail ballot or traditional election; and that a cost summary for an All Mail Ballot Election vs. a Traditional Election was distributed which shows a potential cost savings of $20,000. He also commented and provided a brief summary of the transient occupancy tax measure that will be placed on the April 2012 election ballot. City Attorney Deitsch highlighted the transient occupancy tax ballot measure would maintain in place the existing 10% tax but redefines the word transient; that currently provided, a transient is a person who stays at a hotel room for up to 30 days and the amendment would increase that to 90 which would more accurately reflect the type of person who is a transient and would also more reasonably enhance revenue for the City. He provided a brief overview of the costs savings for an All Mail Ballot as provided by the City's election consultant; and also reminded the City Council that The City's Election Consultant Linda Hudson from Hudson Consulting Services was present and answered questions raised by the City Council regarding all mail ballot elections. It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt "Alternate A" resolutions for conducting an All Mail Ballot General Municipal Election to be held on Tuesday, April 10, 2012; and voted to not pay for return postage of the ballots. City Attorney Steve Deitsch read the title of each resolution relating to the All Mail Ballot election. 12-06-11 12 53:0214 AYES: Council Member Segal, Harbicht, Amundson, Chandler and Segal NOES: None ABSENT: None A motion was made by Council Member Segal, seconded by Council Member Amundson to excuse Council Chandler from the remainder of the City Council meeting. The motion carried. City Clerk Barrows thanked Sara Somogyi, Ryan Wright, Dana Nava and Gina Hernandez for the great job they did in conducting the Breakfast with Santa event. 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of November 1, 2011 and November 15, 2011. Recommended Action: Approve b. Fiscal Year 2010-2011 Redevelopment Agency State Controller, Audited Financial State Housing and Community Development, Blight Removal Progress, Loan and Property Reports. Recommended Action: Receive and File CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of November 1, 2011 and November 15, 2011. Recommended Action: Approve d. Fiscal Year 2010-2011 Redevelopment Agency State Controller, Audited Financial State Housing and Community Development, Blight Removal Progress, Loan and Property Reports. Recommended Action: Receive and File e. Adopt 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: Adopt f. Authorize the City Manager to execute a Professional Services Agreement with Iteris Inc. for Travel-Time, Vehicle Detection Stations (VDS) Design Services in conjunction with Intelligent Transportation System Phase 2 Integration in the amount of$97,550 and include a 10% contingency. Recommended Action: Approve g. Accept all work performed by Downing Construction, Inc. for the Water Transmission Main Extension on Colorado Street project as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of$22,811.86.. Recommended Action: Approve 12-06-11 13 53:0215 h. Waive the formal bid process and approve the purchase of radios and accessories from Motorola utilizing the Los Angeles County's contract in the amount of$96,676.42. Recommended Action: Approve Authorize the City Manager to execute a contract with ACE Restoration and Waterproofing Inc. for the Baldwin Reservoir 2 & 3 Repair Project in the amount of$806,938. Recommended Action: Approve j. Accept a grant from Target in the amount of $15,000 for the Recreation and Community Services Department Concert in the Park Program. Recommended Action: Approve k. Authorize the City Manager to execute a Professional Services Agreement with Converse Consultants for testing and monitoring of hazardous materials in upper and lower City Hall in the amount of$22,000 and include a 10% contingency. Recommended Action: Approve Authorize the City Manager to execute a Professional Services Agreement with American Technologies, Inc. for the asbestos abatement in upper and lower City Hall in the amount of$19,000 and include a 10% contingency. Recommended Action: Approve Award a one (1) year purchase order contract to Empire Cleaning Company for the purchase of janitorial supplies for various City facilities in the amount of $69,560, waive any informality in the bid or bidding process and authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Recommended Action: Approve m. Approve a budget appropriation in an amount not to exceed $8,000 from the Equipment Replacement Fund for the purchase of a new range at Wilderness Park. Recommended Action: Approve Mayor Pro Tem Harbicht thanked and acknowledged Target for their grant in the amount of$15,000 for the Recreation and Community Services Department Concert in the Park Program. It was moved by Agency/Council Member Harbicht, seconded by Agency/Council Member Segal and carried on roll call vote to approve Consent Calendar items 3.a through 3.m. AYES: Agency/Council Member Harbicht, Segal, Amundson and Kovacic NOES: None ABSENT: Council Member Chandler CITY MANAGER/EXECUTIVE DIRECTOR ITEMS a. Review of artist sketch of the Lucky Baldwin Statue to be placed in the Rose Garden adjacent to the Community Center. Recommended Action: Approve and/or provide direction 12-06-11 14 53:0216 Linda Garcia, Communications and Special Projects Manager reported that the sketch of the Lucky Baldwin statute that will be placed in the Rose Garden adjacent to the Community Center is presented for City Council approval so they can begin making the model. Vice Chair/Mayor Pro Tem Harbicht suggested that the statute of Lucky Baldwin be placed in the courtyard at the new Gold Line Station or First and Huntington Drive where there is more foot traffic where it can be read. It was the consensus of the City Council to place the statute in the rose garden. Mayor Pro Tern Harbicht suggested speaking to Ms. Viera of putting the statute in a location where there is more foot traffic. It was moved by Agency/Council Member Segal, seconded by Agency/Council Member Amundson and carried on roll call vote to approve the design of the Lucky Baldwin statute. It was the consensus of the City Council that the first pedestal would be their choice. AYES: Council Member Segal, Amundson, Harbicht and Kovacic NOES: None ABSENT: Council Member Chandler b. Approve Arcadia Little League's Juniors Program proposal for modifications to Bonita Park Ball Field. Recommended Action: Approve Ryan White, Recreation and Community Services Assistant Director reported that the Arcadia Chapter of Little League International recently approved a Juniors Program to serve the needs of participants when they conclude Little League at age 12; that the program allows participants ages 13-14 to play on a field with a larger dimension (i.e. pitcher's mound and base paths) in preparation for the high school level; that the three local little leagues have worked together to create a Juniors program in Arcadia and determined that Bonita Park ball field would be an ideal location; that due to the current availability of the field in the upcoming spring season the proposed improvements are being offered by the Junior Program at no cost to the City. He did state that the City will require a written contract from the Little League Juniors Program outlining the proposed work, the project timeline, insurance requirements and business license requirements; and that the City will provide oversight of the project including review of plans and approval of all completed work. It was moved by Council Member Harbicht, seconded by Council Member Segal and carried on roll call vote to approve the Little League Juniors Program proposal for improvements and modifications at Bonita Park ball field. AYES: Council Member Harbicht, Segal, Amundson, and Kovacic NOES: None ABSENT: Council Member Chandler c. Approve La Salle High School proposal for improvements to Orange Grove Tennis Courts. Recommended Action: Approve Ryan White, Recreation and Community Services Assistant Director reported that La Salle High School in Pasadena has been utilizing the Orange Grove Park tennis courts in Arcadia for over ten 12-06-11 15 53:0217 years; that the location serves as the home site for both girls and boys practices and games while not creating any conflict with public use or contract classes; he noted that over the years, La Salle had recognized some areas of potential improvements to the facility and submitted a proposal to improve the tennis courts; that La Salle provided the City with a written request to complete the improvements at their own expense without any cost to the City consisting of a general clean up of the courts, repair cracks, apply a textured coat of course surfacing, paint white lines, install new 9' high mesh screen to the chain link fence perimeter. He stated that the City will require a written contract from La Salle High School outlining the proposed work, the project timeline, insurance requirements and business license requirements; and that the City will provide oversight of the project including review of plans and approval of all completed work. It was moved by Council Member Segal, seconded by Council Member Amundson and carried on roll call vote to approve La Salle High School's proposal for improvements to the Orange Grove Park tennis courts. AYES: Council Member Amundson, Harbicht, Segal and Kovacic NOES: None ABSENT: Council Member Chandler d. Adopt Resolution No. 6807 approving fund transfers as specified therein into the Workers' Compensation/Liability Self-Insurance Fund and the Emergency Response Fund as part of the Fiscal Year 2011-2012 Operating Budget. Recommended Action: Receive and File FY 2010-11 Year Ending Financial Results and Adopt Resolution No. 6807 Hue Quach, Administrative Services Director reported that fiscal year 2010-11 end numbers exceeded the City's initial surplus estimate during the fiscal year 2011-12 budget process; that it was projected that the General Fund would end the fiscal year with a projected surplus of $1,105,525; and noted that the surplus was then "rolled over" and used to balance the fiscal year 2011-12 General Fund Operating Budget; and reported that staff has closed the 2010-11 fiscal year's financial statements and reported that the fiscal year 2010-11 ending surplus is a little over $2.4 million; he reported on revenues increases, expenditures, use of surplus and economic outlook; and indicated that staff is proposing that the City Council approve the transfer of $1.0 million to the Workers Compensation/Liability Self-Insurance Fund and $500,000 to the Emergency Response Fund to cover some of the costs incurred as a result of the recent windstorms. He stated that staff will continue to monitor the budget for any sudden changes in revenues or expenditures; and that staff will return to the City Council for fiscal year 2011-12 mid-year budget presentation in February. It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6807 approving fund transfers as specified therein into the Workers Compensation/Liability Self-Insurance Fund and the Emergency Response Fund as part of the fiscal year 2011-12 operating budget. AYES: Council Member Amundson, Harbicht, Segal and Kovacic NOES: None ABSENT: Council Member Chandler Mayor Kovacic complimented Linda Garcia and Kristen Olafson on the City's Newsletter. 12-06-11 16 53:0218 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 11:30 p.m. to Thursday, December 15, 2011, 10:00 a.m. in the Police Department EOC Room located at 250 W. Huntington Drive, Arcadia. Ko cic, May r ATTEST: James . Barrows, City Clerk L 12-06-11 17