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HomeMy WebLinkAbout06/19/201254:0069 CITY COUNCIL /SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JUNE 19, 2012 CALL TO ORDER - Mayor Harbicht called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL: PRESENT: Council Member Amundson, Segal, Wuo and Harbicht ABSENT: Council Member Kovacic A motion was made by Mayor Pro Tern Segal, seconded by Council Member Wuo to excuse Council Member Kovacic. CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) — No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.8, conference with real property negotiators. Propert y: 35 West Huntington Drive, 21 Morlan Place, 101 -111 North Santa Anita Avenue, 121 -159 North Santa Anita Avenue, Assessor Parcel No. 5775 - 025 -908 (property along Santa Clara Street). Successor Agency Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager /Development Services Director Jason Kruckeberg, Administrative Services Director Hue Quach, and Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Successor Agency and Rusnak /Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment The Closed Session adjourned at 6:30 p.m. CITY COUNCIL REGULAR MEETING Mayor Harbicht called the regular meeting to order at 7:00 p.m. INVOCATION Reverend Julie Bryant, Arcadia Episcopal Church of the Transfiguration PLEDGE OF ALLEGIANCE Tom Tait, Public Works Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council Member Amundson, Segal, Wuo and Harbicht ABSENT: Council Member Kovacic 06 -19 -12 54:0070 A motion was made by Mayor Pro Tern Segal, seconded by Council Member Wuo to excuse Council Member Kovacic. REPORT FROM CITY ATTORNEY ON CLOSED SESSION ITEM City Attorney Deitsch reported that the Successor Agency to the Arcadia Redevelopment Agency met in a Closed Session to consider the one (1) item listed on the posted agenda; no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that, at the request of Council Member Amundson, a revision was made to the May 15, 2012, City Council minutes and redistributed; and the staff report relating to Public Hearing item 1.a was redistributed. Mr. Lazzaretto also announced that the Cable T.V. channel was experiencing some technical difficulties earlier which have been corrected. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Amundson, seconded by Mayor Pro Tern Segal to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of the 2012 Arcadia Beautiful Awards. Mayor Harbicht and Janalee Shimmin, Chairperson of the Arcadia Beautiful Commission, made presentations to those 2012 Award Beautiful Award recipients as follows: 440 S. Old Ranch Road Robert & Linda Martinetto 1055 Panorama Drive Colleen Grohs 30 W. Orange Grove Ave Joanne Chinn 410 E. Camino Real Ave Betty & Johnson Chen 1811 S. Seventh Ave Stan & Cristen Schover 2530 Lee Ave Roger & Jane Chandler & Bautista Gardening Service 1800 Louise Ave Evelyne Glaser 1608 Holly Ave Sung & Jung Han 471 W. Winnie Way Larry & MaryAnn Smith 333 Fairview Ave The Cheung Family 166 W. Las Flores Ave Bob & Marian Hauerwaas 170 Sandra Avenue Gary & Janet Campbell 322 Arbolada Drive Vickie Zertuche 1220 Rodeo Road 917 E. Camino Real Ave 06 -19 -12 2 54:0071 1. PUBLIC HEARINGS a. A Council Member call up for review of Arcadia Planning Commission approval of Conditional Use Permit Application No. CUP 12 -02 to revise the operational Conditions of Approval of Conditional Use Permit 97 -002 that approved the existing Extended Stay America Hotel at 401 East Santa Clara Street. Recommended Action: Overturn the Planning Commission's decision and adopt the amendment to CUP 97 -002 with the original Conditions of Approval (Public hearing continued from June 5, 2012) Jim Kasama, Community Development Administrator, presented the staff report. Mayor Harbicht opened the public hearing. Tim McOsker, Attorney with the law firm of Mayer -Brown representing HVM L.L.C, appeared and advised that his client is not willing to accept the additional language regarding indemnification as requested by the City Attorney. He expressed appreciation to the City Council and staff for their time and professionalism throughout the process. A motion to close the public hearing was made by Council Member Amundson, seconded by Council Member Wuo, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Council Member Wuo, seconded by Council Member Amundson, and carried on roll call vote to overturn the Planning Commission's decision; and adopt the Amendment to CUP 97 -002 with the original Conditions of Approval as recommended by the City Attorney. AYES: Council Member Wuo, Amundson, Segal, and Harbicht NOES: None ABSENT: Council Member Kovacic b. Appeal of the Planning Commission's denial of an appeal of the Santa Anita Oaks Homeowner's Association Architectural Design Review Board's denial of a new home at 1101 San Carlos Road. Recommended Action: Approve Jim Kasama, Community Development Administrator, presented the staff report. Mr. Lazzaretto stated that a petition had been signed and submitted by property owners and neighbors living in the Santa Anita Oaks area opposing the appeal requesting the City Council deny the appeal and uphold the Planning Commission's denial; he also noted that copies of a -mails received by the City supporting denial of the proposal were also distributed to the City Council. Mayor Harbicht opened the public hearing and announced a 3 minute time limit for public comments. Robert Tong, the Applicant of Sanyao International Inc., appeared and discussed the denial and findings of the Santa Anita Oaks Architectural Design Review Board; he stated that the three dimensional, computer -model that the Architectural Design Review Board had prepared by an outside consultant was not an accurate depiction of the proposed new home; and stated that the 06 -19 -12 54:0072 design of the home is architecturally consistent with the City's design guidelines for single family residences. Sylvia Baghdadlian, daughter of the owner of the property, Houring Baghdadlian, appeared and commented on the denial and findings of the Santa Anita Oaks Architectural Review Board. George Voight, appeared and expressed his support with the development. The following individuals appeared and spoke in opposition of the proposed new development. Vince Vargas Alan Crawford Mike Perez Raymond Riordan Donna Perez Charles Duffy Hank Voznick Robert Jackson Richard Midgley Steven Hawkins Larry Daines Don Weber Mary Dougherty, President of the Santa Anita Oaks Homeowners Association, appeared and commented on the Architectural Review Board's denial of the proposed new development and urged the City Council to follow its policies as set forth in Resolution No. 6670 and support .its Planning Commission's decision to deny the appeal. Mr. Tong, the Applicant, provided rebuttal testimony and comments. A motion to close the public hearing was made by Mayor Pro Tern Segal, seconded by Council Member Amundson, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Mayor Pro Tern Segal, seconded by Council Member Amundson to re -open and continue the public hearing to the City Council meeting of July 17, 2012, in an attempt to allow the parties to resolve their issues. The City Council allowed Mr. Baghdadlian, owner of the property to speak. Mr. Baghdadlian urged the City Council to make a decision regarding the new proposed development tonight. After hearing comments from the owner of the property, Mr. Baghdadlian, Mayor Pro Tern Segal withdrew his motion. It was moved by Council Member Wuo, seconded by Mayor Harbicht, and carried on roll call vote to approve the appeal to overturn the Planning Commission's decision, and conditionally approve the proposed design, subject to the Conditions of Approval provided on page five of the staff report. AYES: Council Member Wuo and Harbicht NOES: Council Member Amundson and Segal ABSENT: Council Member Kovacic 06 -19 -12 4 54:0073 Mayor Harbicht announced that due to the tied vote, the Public Hearing is automatically continued to the next regularly scheduled City Council meeting of July 3, 2012. C. Adopt Resolution No. 6836 confirminq the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2012 -13. Recommended Action: Adopt Maria Taylor, Public Works Services Department Senior Management Analyst, presented the staff report. Mayor Harbicht opened the public hearing. No one appeared. A motion to close the public hearing was made by Mayor Pro Tern Segal, seconded by Council Member Amundson, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Mayor Pro Tern Segal, seconded by Council Member Amundson, and carried on roll call vote to adopt Resolution No. 6836 confirming the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2012 -13. AYES: Council Member Segal, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic d. Adoption of Resolutions related to the 2012 -13 Fiscal Year Budget: Resolution No. 6837 adopting a Budget for Fiscal Year 2012 -13, and appropriating the amounts specified therein as expenditures from the funds. Recommended Action: Adopt Resolution No. 6838 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2012 -13, through 2016 -17. Recommended Action: Adopt City Manager Lazzaretto presented the staff report. Mayor Harbicht opened the public hearing. No one appeared. A motion to close the public hearing was made by Mayor Pro Tern Segal, seconded by Council Member Wuo, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Mayor Pro Tern Segal, seconded by Council Member Wuo, and carried on roll call vote to adopt Resolution No. 6837 adopting a Budget for Fiscal Year 2012 -13, and appropriating the amounts specified as expenditures from the funds. AYES: Council Member Segal, Wuo, Amundson and Harbicht NOES: None ABSENT: Council Member Kovacic 06 -19 -12 54:0074 It was moved by Mayor Pro Tern Segal, seconded by Council Member Amundson, and carried on roll call vote to adopt Resolution No. 6838 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2012 -13 through 2016 -17. AYES: Council Member Segal, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic PUBLIC COMMENTS Scott Hettrick, Chairperson of the Library Board of Directors appeared and provided Library statistics. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo commented on the light traffic around town due to the school summer vacation; he urged residents to participate in parks and recreation activities; and noted that the Planning Commission will conduct a public hearing on June 26 regarding changing the City's parking and storage regulations for recreational vehicles. Mayor Pro Tern Segal made some comments regarding the 1101 San Carlos Road public hearing item; and stated that in his twelve years, this was. one of the saddest days that he has been involved in. Council Member Amundson commented on a press release he received regarding suspicious persons knocking on doors; and urged everyone to be cautious of their surroundings. At the request of Council Member Amundson, Police Chief Guthrie provided some summer safety tips. Mayor Harbicht also commented on the public hearing regarding the San Carlos Road proposed development and expressed his concern that the Homeowner Association and Architectural Review Board are not acting responsibly. 2. CITY CLERK REPORTS City Clerk Glasco provided a brief report on boards and commissions. Mayor Harbicht called for nominations and appointments Arcadia Beautiful Commission (2 positions open) Council Member Wuo nominated Edward Huang and Sheryl Lopez for reappointment to the Arcadia Beautiful Commission. Seeing no other nominations, Edward Huang and Sheryl Lopez were reappointed to the Arcadia Beautiful Commission for four (4) year terms ending June 30, 2016. 06 -19 -12 G� 54:0075 Historical Museum Commission 0 position open) Council Member Wuo nominated Vince Foley for reappointment to the Historical Museum Commission. Seeing no other nominations, Vince Foley was reappointed to the Historical Museum Commission for a four (4) year term ending June 30, 2016. Human Resources Commission (2 positions open) Mayor Pro Tern Segal nominated Timothy Murphy for reappointment to the Human Resources Commission. Council Member Wuo nominated Lyn Tom for appointment to the Human Resources Commission. Mayor Harbicht nominated James Dolan for appointment to the Human Resources Commission. Seeing no other nominations, Council Members casted their votes as follows: Roll Call: Council Member Amundson: Council Member Wuo: Mayor Pro Tern Segal: Mayor Harbicht: Timothy Murphy and James Dolan Timothy Murphy and Lyn Tom Timothy Murphy and James Dolan Timothy Murphy and James Dolan By majority vote, Timothy Murphy was reappointed and James Dolan was appointed to the Human Resources Commission for four (4) year terms ending June 30, 2016. Library Board of Trustees (1 position open) Council Member Wuo nominated Denise Gellene Bates for appointment to the Library Board of Trustees. Seeing no other nominations, Denise Gellene Bates was appointed to the Library Board of Trustees for a four (4) year term ending June 30, 2016. Planning Commission (1 position open) Council Member Amundson nominated Sam Falzone for appointment to the Planning Commission. Seeing no other nominations, Sam Falzone was appointed to the Planning Commission for a four (4) year term ending June 30, 2016. Recreation and Parks Commission (2 positions open) Council Member Amundson nominated Dolores Foley and Lyn Tom for appointment to the Recreation and Parks Commission. Seeing no other nominations, Dolores Foley and Lyn Tom were appointed to the Recreation and Parks Commission for four (4) year terms ending June 30, 2016. 7 06 -19 -12 54:0076 Senior Citizens' Commission (1 At Large City Council Appointment 1 At Large Appointment and 3 Service Club Appointment positions open) Mayor Pro Tern Segal nominated Carol Curtis for reappointment to the Senior Citizens' Commission Assistance League (Service Club position) as recommended by the Assistance League. Seeing no other nominations, Carol Curtis was reappointed to the Senior Citizens' Commission Assistance League (Service Club appointment) for a two (2) year term ending June 30, 2014. Mayor Pro Tern Segal nominated Betty Dos Remedios for appointment to the Senior Citizens' Commission (Service Club position) as recommended by the Golden Age Club. Seeing no other nominations, Betty Dos Remedios was appointed to the Senior Citizens' Commission Golden Age Club (Service Club appointment) to a two (2) year term ending June 30, 2014. Mayor Pro Tem Segal nominated Steve Sherman for appointment to the Senior Citizens' Commission (Service Club position) as recommended by the Senior Men's Club, to fill an unexpired term ending June 30, 2013. Seeing no other nominations, Steve Sherman -was appointed to the Senior Citizens' Commission (Service Club appointment) to fill an unexpired term ending June 30, 2013. Mayor Pro Tern Segal nominated Mary Ball for appointment to the Senior Citizens' Commission At- Large position. Seeing no other nominations, Mary Ball was appointed to the Senior Citizens' Commission At -Large position for a two (2) year term ending June 30, 2014. Council Member Harbicht nominated Monty Lindsey for reappointment to the Senior Citizens' Commission At -Large position (City Council appointment). Seeing no other nominations, Monty Lindsey was reappointed to the Senior Citizens' Commission (City Council) At -Large position for a two (2) year term ending June 30, 2014. 3. CONSENT CALENDAR a. Approve the Regular Meeting Minutes of May 15 2012 the Special Meeting Minutes of May 29 2012 and the Regular Meeting Minutes of June 5 2012 Recommended Action: Approve b. Adopt Resolution No. 6835 establishing an appropriation limit for Fiscal Year 2012 13. Recommended Action: Adopt C. Adopt the Statement of Investment Policy for Fiscal Year 2012 -13 Recommended Action: Adopt 06 -19 -12 54:0077 d. Authorize the California Insurance Pool Authoritv (CIPA) to enter into a three -vear agreement with Carl Warren & Company on behalf of the City of Arcadia for Third Party Administrator Services for General and Auto Liability Claims in the amount of $19,800 for FY 2012 -13 and $20,390 annually for Fiscal Years 2013 -14 and 2014- 15. Recommended Action: Approve e. Adopt Ordinance No. 2297 amending Part 9 of Chapter 2, Article IV of the Arcadia Municipal Code by adding a new Section 4290.1 prohibiting the use of tobacco products at City Parks, Recreation areas, and Entertainment events. Recommended Action: Adopt f. Award a one (1) year purchase order contract to Waterline Technologies Inc. for Sodium Hvpochlorite to be used for the disinfection of the City's municipal water supply in the amount of $42,891. Recommended Action: Approve g. Award a one (1) year purchase order contract extension to 10 -8 Retrofit Inc. for the installation of emergency related equipment and lighting for City vehicles in an amount not to exceed $35,000. Recommended Action: Approve h. Authorize and direct the City Manager to execute a lease agreement with the City of Alhambra for 2,000 acre feet of Fiscal Year 2011 -12 water production rights in the main San Gabriel Basin for a total cost of $1,152,000. Recommended Action: Approve i. Authorize and direct the City Manager to execute a professional services agreement with Pun & McGeady for the City's Financial Auditing Services for the Fiscal Year ending June 30. 2012, in the amount of $37,600. Recommended Action: Approve j. Accept the donation of $1,000 to the Arcadia Public Library from the Arcadia Masonic Lodge #278 for a library school intern at the Library. Recommended Action: Approve k. Authorize and direct the City Manager to execute a contract with Los Angeles Air Conditioning, Inc. to re- design the Fire Station 105 boiler room heating system in the amount of $38,941. Recommended Action: Approve Authorize and direct the City Manager to execute an agreement with Liebert Cassidy Whitmore for Fiscal Year 2012 -13 in an amount not to exceed $42,000 for personnel legal services. Recommended Action: Approve M. Direct the City Manager to review the City's Conflict of Interest Code pursuant to the Political Reform Act of 1974. Recommended Action: Approve 06 -19 -12 �� 11 n. Authorize and direct the City Manager to transmit a Letter of Indemnification to Santa Anita Park regarding use of Santa Anita Park property for Fire and Police Department training and other City Activities /Events. Recommended Action: Approve o. Authorize and direct the City Manager to execute a three -year agreement with PoliceReports.US to provide online access for the distribution of certain police reports to authorized involved parties. Recommended Action: Approve It was moved by Council Member Amundson, seconded by Mayor Pro Tern Segal, and carried on roll call vote to approve Consent Calendar items 3.a through 3.0. AYES: Council Member Amundson, Segal, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic ADJOURNMENT There being no other business, the Mayor adjourned this meeting at 10:40 p.m. to July 3, 2012, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. ATTMZT- 10 Robert C. Harbicht, Mayor 06 -19 -12