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HomeMy WebLinkAboutItem 2a: Minutes of September 21, October 5, October 19 & October 27, 2010CALL TO ORDER Mayor Amundson called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) STUDY SESSION CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 21, 2010 1 52:0145 Art Del Rey, an Arcadia resident appeared and discussed structural improvements in the public right -of -way because he would like to build a decorative wall in the public right -of -way of his property and hoped the City Council would allow encroachments so that he can proceed with his project. a. Report, discussion and direction regarding policy on private property owner structural improvements in the public right -of -way. Phil Wray, Deputy Development Services Director /City Engineer explained that the City's policy regarding the use of the public parkway includes the paved streets and parkways outside of the streets; he reported that parkways vary in width but are on average 10 to 12 feet wide and used for City facilities like sidewalks, street lights, traffic signals, traffic signs, hydrants and public utilities above and below ground; that construction within the public parkways is governed by an encroachment permit process and is limited to public access, pedestrian and utility purposes. He noted that that the City does not allow non - public vertical encroachments such as walls, planters or pilasters in the public parkway because of potential conflicts with the parkway's intended use but does allow some horizontal encroachments such as walkways or hardscape under certain conditions. He explained that non - public encroachments in the parkway can be separated into two categories, vertical encroachments in the parkway are for decorative wall, fences, planters and pilasters; and horizontal encroachments are driveway approaches, sidewalks and landings. He presented photographs of some permitted and non - permitted encroachments that have been in place for some time with the City's knowledge under a previous policy or without the City's knowledge. At the request of Mayor Pro Tem Kovacic, he explained the definition and purpose of the public right -of -way. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Segal and carried on roll call vote to have staff come back with the development standards as recommended by staff to allow structural improvements in the public right -of -way. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 09 -21 -10 52:0146 b. Report, discussion and direction regarding regulations and enforcement procedures for temporary banners and window signs. Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the issue of temporary banners and window signs has been raised on numerous occasions at City Council meetings; he reported that temporary banners and window signs are handled separate from permanent signage; and that most of the complaints received are regarding temporary signs; and noted that the staff report includes the regulations for temporary banners, window signs and enforcement procedures. Jim Kasama, Community Development Administrator discussed temporary banners and window sign regulations including enforcement procedures; he noted that the most recent change to the temporary banner regulations is the number of days a new business can display a temporary banner if that business had not yet installed a permanent sign or if the building or business was undergoing a significant remodel and needed the permanent sign removed; he noted that staff felt that allowing a temporary banner for this purpose seemed fair so that time is not taken away from that business for promotional events or activities; and noted that window sign regulations have not changed in years. Mr. Kruckeberg commented on window sign regulations; he noted that other than painted window signs, no signs are permitted to be located within 24" of the outside surface of the glazed area; and the signs must comply with the maximum 1/3 non -Roman alphabet limit; and explained the enforcement process. Mayor Pro Tem Kovacic proposed that he would like to see the 1/3 non Roman alphabet limit on banners; place the approved date stamp on the front of banner with a 2 week time limit and an immediate citation issued for illegal signs. After a lengthy discussion, the City Council unanimously agreed to forward to the Chamber of Commerce and the Chinese Business Association, Mayor Pro Tem Kovacic's proposal regarding banners and signs; and request that they provide comments back to the City Council in 60 days. The Study Session adjourned at 6:40 p.m. to Closed Session. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach, Human Resources Administrator Michael Casalou and William Floyd of Best Best and Krieger LLP. Employee Organization: Arcadia Police Civilian Employees Association. b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation: One (1) case 2 09 -21 -10 52:0147 THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Rabbi Alan Lachtman, Temple Beth David PLEDGE OF ALLEGIANCE — Boy Scout Troop 104 from Holy Angels Elementary School and Pack 128 from Holly Avenue Elementary School ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in Closed Session to consider the two (2) items listed on the posted agenda, no reportable action was taken. In addition, Mr. Deitsch reported that the City Council and Redevelopment Agency Board met in a Study Session to hear reports from staff regarding items (a) and (b) on the posted agenda; regarding private property owner structural improvements in the public right -of -way, the City Council directed staff to bring back proposed development standards for further discussion and consideration; and regarding regulations and enforcement procedures for temporary banners and window signs, the City Council directed staff to forward to the Chamber of Commerce and Chinese Business Association, the City Council's suggestions regarding banner and signs and allow them sixty (60) days to provide comments back to the City Council. 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 Council /Agency Member Chandler, seconded by Council Member Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of Certificates to Arcadia Girls Softball Teams. PUBLIC COMMENTS - With the consensus of the City Council, the Mayor announced a 3 minute time limit per person. Kerri Kiyomura, Hugo Reid Elementary School PTSA President appeared and provided a brief update on events and activities at Hugo Reid Elementary School; and presented the City Council with water bottles from their disaster preparedness event. 3 09 -21 -10 52:0148 Stella Ross, an Arcadia resident appeared and commented on issues relating to her homeowner association; she complained that the association will not provide her with financial reports as required by law and feels that it is an Arcadia matter. City Attorney Deitsch advised Ms. Ross that her matter is not within the jurisdiction of the City; that she may want to contact a private attorney, legal aid, consumer affairs or file a small claims action to compel the disclosure of the records. Mr. Deitsch invited Ms. Ross to contact his office at City Hall to schedule a meeting with him during office hours on Tuesday, October 5th Laura Ashmore appeared on behalf of her grandparents, Robert and Joanne Wayne, who are Arcadia residents; she noted that her grandparents are not in favor of their tax dollars being used to kill coyotes; that killing coyotes has proven to be inhumane, ineffective and expensive and that the money would be better spent on the youth of Arcadia. Jane Josenhans, an Arcadia resident appeared and expressed her opposition regarding the inhumane way Arcadia is killing coyotes; and commented on the importance of education. Michele Graeler appeared and expressed her opposition regarding the killing of coyotes but agrees that there is a coyote problem in Arcadia and feels that the City has taken the right steps to tackle the situation; she noted that they lost their Boston Terrier 4 weeks ago to a coyote attack; and feels that once residents become more educated she hopes the trapping program will cease. Bob Garrett appeared and noted that the High School Constitution Team has been taught that the first and most fundamental responsibility of government is to protect its citizens; he feels that Arcadia residents are at risk; that he would like to see his granddaughter play in his yard just like his children did; he explained that it is the City Council's primary responsibility to protect his family as well as other members of the Arcadia community. Suzanne Tauer, an Arcadia resident, appeared and thanked the City Council for taking action to maintain safety and to protect pets and young children from the recent attacks of coyotes prowling through Arcadia; she explained that since June her family has encountered numerous incidents with coyotes; she noted that when she called the number given on the City's website to report sightings or encounters with coyotes, there was no answer. She feels that the coyote population needs to be controlled for the safety of pets and small children and appreciates the City's action to ensure the safety of its residents. Bee Simpson of South Pasadena appeared and commented on trapped animals; she noted that residents are feeding coyotes and feral cats and explained that a woman is feeding skunks. Ms. Simpson reported that in the past 2 months, Arcadia has killed 11 coyotes; and commented on the importance of an ordinance prohibiting the feeding of coyotes and feral cats. James Erganian, an Arcadia resident appeared and commented on the coyote issue; he noted that when he first moved to Arcadia a year and a half ago, his dog was attacked by a coyote; he did not feel that trapping and killing coyotes is the way to solve the problem; that education is the key; and feels that alternative methods should be considered before killing coyotes. Bonnie Barron of Sierra Madre, speaking on behalf of her mother who is an Arcadia resident commented on the importance of education; she discussed trash containers with locks; she noted the different organizations that are willing to provide education to the City at no cost and 4 09 -21 -10 52:0149 expressed disappointment that the October 18 public education meeting regarding coyotes was cancelled; and requested the matter be placed on the City Council agenda. Gene Girros, an Arcadia resident commented on how important animals are to certain individuals; she noted areas where coyotes are seen; she explained that she had lost a cat to a coyote; that animals are children to some people; that she does not allow her animals outside alone in the backyard and appreciates what the City is doing to protect its citizens. Maura Kamenti appeared and explained that recently their family dog was killed by a coyote; that her son is afraid to play outside because of the coyotes; and thanked the City Council for instituting the coyote program. Tom Shriver, Senior Pastor of Emmanuel Church appeared and discussed the City's recent denial of a business license for Uncle Buck's pumpkin patch and Christmas tree lot sales; he explained that Uncle Buck has been operating for the past 5 years; and that due to the zoning in that area including a complaint received by the City, the business license was denied. Mr. Shriver noted that after further investigation, he learned that the complaint was received due to a construction company that rented the property; that after a survey of the neighbors in the area, residents did not have a problem with the pumpkin and Christmas tree sales; and requested that the City Council consider action to allow the pumpkin patch and Christmas tree lot. Mr. Penman reported that he spoke to Mr. Shriver and explained that his request would require a text amendment because that type of use was not permitted in a residential zone; that if the City Council requested a text amendment, staff could complete it in time for the Christmas tree sales. Mr. Penman explained to the City Council that for the past 5 years, the City mistakenly granted permits for this location. Council Member Harbicht requested staff to prepare the appropriate text amendment for City Council consideration. Mayor Amundson and Mayor Pro Tem Kovacic agreed. Richard Tauer, an Arcadia resident appeared and commented on the number of coyotes wondering around Arcadia; he thanked the City Council for the safety of his grandson, his dog and cat and his neighbors and for taking action to safeguard the citizens; he noted that he has called Pest Management on 3 separate occasions and there is no answer; he encouraged the need for education; and commented on the non - residents who speak about the coyote issue in Arcadia. John McDonnell, an Arcadia resident thanked the City Council for the job they do; he commented on the coyotes he has seen near his neighborhood; he thanked the City Council for protecting its residents, children and pets; and commented on the bike lane on Santa Anita; and encouraged the City Council to approve the pumpkin patch and Christmas tree lot. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Segal had no comments. Council Member Chandler had no comments. Council Member Harbicht commented on the coyote issue; he announced that if anyone is interested in joining the Boy Scouts there will be a meeting on Wednesday, October 13 at 7:30 p.m. at the Church of the Good Shepherd; he complimented the landscaping at the Baldwin and 5 09 -21 -10 Colorado off ramp and commended the Water and Public Works Services staff for the great work done. Mr. Harbicht noted that in the last 20 years, every public building has been replaced except for the City Hall building; that architectural renderings have been completed but because of the economy, the project has been put on hold; he feels that it is a mistake; he commented on the recession and noted that construction bids are coming in far less than estimated; he requested that the City Council join him in asking staff for a brief description of where the City is in the City Hall planning process and what would be required to put this before the voters; he feels that it will cost a lot more money if the City waits; that the citizens have a certain pride in the community and would like to give residents an opportunity to vote on it. Council Member Segal commented that before the City Council considers a new City Hall, he would like to see a financial projection. Council Member Kovacic indicated that he would support Mr. Harbicht's motion, but also feels that a financial projection should first be considered. Council Member Chandler indicated that he is in favor of building a new City Hall, but is not in favor of a bond issue at this time. Mayor Amundson agrees that the City needs a new City Hall, but would also like to see a financial plan. Mayor Pro Tem Kovacic thanked all the speakers; he noted the importance of education regarding the coyote issue and commented on some of the questions raised by Ms. Barron that staff will follow up on; he thanked the representative from Hugo Reid Elementary School PTSA for the report; and congratulated the Chamber on a successful Taste of Arcadia event. City Clerk Barrows noted that he had received complaints from residents on Camino Real regarding pot holes in the street between Holly and Santa Anita; and thanked Public Works Services Director Tom Tait and staff for the repairs made and making the streets safer; and thanked the Boy Scouts and leaders for their presentation of colors. Mayor Amundson announced that he also attended the Taste of Arcadia event and feels that there should be more events like that in the City; he also announced his attendance at the League of California Cities last week and noted that it was very educational and informative; he commented on the self locking bear proof trash containers that Waste Management displayed at the conference; and commented on the article regarding the coyote issue in the San Marino Tribune. Mayor Amundson noted that Mr. Penman's contract is coming up for renewal and would like to recommend that Council Member Harbicht and Council Member Segal meet with Mr. Penman in hopes of negotiating a new contract and bring it back for City Council consideration. Council Member Chandler and Mayor Pro Tem Kovacic agreed with Mayor Amundson recommendation. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Special Meeting Minutes of August 31, 2010 and the Regular Meeting Minutes of September 7, 2010. Recommended Action: Approve 6 52:0150 09 -21 -10 CITY COUNCIL ITEMS: 52:0151 b. Approve the Special Meeting Minutes of August 31, 2010 and the Regular Meeting Minutes of September 7, 2010. Recommended Action: Approve c. Adopt Resolution No. 6739 approving the application for grant funds for the Sustainable Communities Planning Grant and Incentive Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for Zoning Ordinance Update. Recommended Action: Adopt d. Adopt Resolution No. 6743 establishing compensation and related benefits for employees represented by the Arcadia City Employees Association (ACEA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt e. Adopt Resolution No. 6744 establishing compensation and related benefits for employees represented by the Arcadia Firefighters' Association (AFFA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt f. Adopt Resolution No. 6745 establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association (APWEA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt g. Adopt Resolution No. 6746 establishing compensation and related benefits for Executive, Management and Unrepresented Confidential employees. Recommended Action: Adopt h. Authorize the City Manager to execute an Agreement with EBSCO Information Services for subscription services for a period of three (3) years with an option to renew for a maximum of three (3) one (1) year terms. Recommended Action: Approve Waive the formal bid process and approve the purchase of radios and accessories for the Police Department from Motorola utilizing the County of San Diego, Regional Communications System contract in the amount of $142.303. Recommended Action: Approve Approve the purchase of computer equipment and related peripherals in accordance with the City's Computer Replacement Program. Recommended Action: Approve k. Approve to proceed with the design and development plans to renovate the snack bar and restrooms at the Civic Center Athletic Field. Recommended Action: Approve 7 09 -21 -10 52:0152 It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal and carried on roll call vote to approve Consent Calendar items 1.a through 1.k. AYES: Council /Agency Member Chandler, Segal, Harbicht, Kovacic and Amundson NOES: None ABSENT: None ABSTAIN: Council Member Harbicht (Items a and b) 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Relocation Plan for the tenants at 16 Campus Drive to facilitate the Campus Commons Affordable Housing project. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that there are 7 apartments located at 16 Campus Drive; he explained that one of the responsibilities of the developer is to relocate the tenants in conformance with relocation rules that apply to the Redevelopment Agency; that in order to relocate the tenants, a Relocation Plan must be approved by the Agency; that the goal of the Plan is to find each tenant a suitable place to move that is equal to or better than their apartment at 16 Campus Drive at a rent they can afford; he noted that the developer hired an experienced relocation consultant to handle the relocation process; that the consultant has already meet with each tenant in order to obtain information about their needs and has been included in the Relocation Plan. Mr. Schwartz advised that if the new location is more expensive than their current apartment, the law requires that they may be eligible for a payment up to 42 months for the difference in rent; and that the tenants received written notification at least 30 days before this meeting that the Relocation Plan has been prepared and considered by the Agency. He reported that once the Plan is approved by the Agency, the consultant will provide the tenants with a letter notifying them of a 90 day period for relocation and three locations for their consideration. In response to a question by Mayor Pro Tem Kovacic regarding the relocation process, Elizabeth Hull of Best Best & Krieger explained that as the site is acquired and the units are vacated, the Agency will enter into settlement agreements with the individuals who are leaving; she explained that the units will not be re- rented because it would increase the project cost; and that in the Purchase and Sale Agreement between the developer and the seller of the land there would be a provision that would prohibit additional renting. Mayor Amundson provided an opportunity for any tenants present to speak on the matter. No one appeared. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to approve a Relocation Plan for the tenants at 16 Campus Drive to facilitate the Campus Commons Affordable Housing project. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic, and Amundson NOES: None ABSENT: None 8 09 -21 -10 52:0153 b. Adopt Resolution No. ARA -238 approving the Owner Participation Agreement between the Redevelopment Agency of the City of Arcadia and Arcadia Commons LLP for the Campus Commons Affordable Housing Project. Recommended Action: Adopt Jerry Schwartz, explained that an Owner Participation Agreement is a common document that is utilized when the Redevelopment Agency is not a property owner and the developer needs financial assistance; that at the Study Session on July 6, 2010, the Agency conceptually approved providing the developers of the Campus Commons project a long term loan of up to $6.9 million; that Redevelopment Law includes rules requiring the use of Agency low /mod funds based on the proportion of lower income residents to the overall city population; he noted that the Agency cannot invest all of the $6.9 million up front; that the most that can currently be loaned to the project is $3,544,435 with the remaining $3,335,565 to be loaned to the project in 2015; he explained that because the developers will need the remaining Agency money before 2015 and that since the Agency cannot legally loan those funds until 2015, the developer is working with their bank to arrange a "bridge" loan that would provide funds when needed; that the "bridge" loan would be repaid by the Agency in 2015 when it is legally permitted including any interest on the loan and any fees from the lender; he discussed and explained the details of the OPA and the next steps for the project; and noted that construction should begin late 2010 or 2011 depending on relocating the tenants and the demolition of the existing building and the issuance of a building permit. In response to Council Member Segal's inquiry regarding liability concerns raised at the July 6th Study Session, Elizabeth Hull of Best Best & Krieger discussed the financing due to the gap issue and noted that the developer has considered a more traditional financing and most if not all of the issues have been resolved; she commented on the money being funded before 2015, the delayed fee options which was causing some concern has been resolved since they are not eligible under the tax credit; she noted that the developer fee was deferred which was consistent with their tax credit but has since been resolved. She noted that there are certain funds available now and will be dispersed once all conditions are met; and explained that the developer will get their own bridge loan to cover that gap between 2012 and 2015. In response to a question raised by Council Member Segal, Elizabeth Hull responded that the developer must have all their funding in place prior to funds being released; that the developer is working with a commercial lender for additional funds during the gap period; and that if the developer does not have all their funding in place no monies will be released. In response to a question raised by Mayor Pro Tem Kovacic regarding a lottery system for Arcadia residents, Mr. Kruckeberg responded that it can be done if that is the City Council's direction. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to adopt Resolution No. ARA -238 approving the Owner Participation Agreement between the Redevelopment Agency of the City of Arcadia and Arcadia Commons LLP for the Campus Commons Affordable Housing Project. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 9 09 -21 -10 52:0154 c. Report, discussion and direction regarding recent decisions by the California Horse Racing Board regarding the Oak Tree Racing Association and related issues at Santa Anita Race Track. Recommended Action: Provide Direction. Jason Kruckeberg reported that on August 19, 2010 the California Horse Racing Board denied an application by Oak Tree Racing Association to run the Oak Tree racing meet at Santa Anita Park; he discussed the 41 year history of the Oak Tree meet in Arcadia; that Oak Tree Racing will be held at Hollywood Park in 2010 with future years being held either at Hollywood Park or Del Mar; he noted that local Arcadia organizations that benefit from Oak Tree grants; and noted that in March 2009 the owner of Santa Anita Race Track declared bankruptcy and formed a new entity headed by Stronach, MI Developments (MID) in April 2010 and voided existing leases with Oak Tree Racing Association and Caruso Affiliated. Mr. Kruckeberg commented on the City Council's letter to Mr. Stronach outlining the City's concerns; that the loss of Oak Tree in 2010 will lead to a direct loss to the City of approximately $185,000 for share of on -track handle including revenue from concessions; and that other sales may equate to another $20,000 or $30,000. Mr. Kruckeberg further noted that the City remains committed to horse racing and understands that some development is needed to keep the racing operations solvent; that the General Plan is clear that horse racing should remain on the majority of the site with the southern 85 acres devoted to commercial entertainment; that MID has committed to spending more than $6 million to install a new dirt surface at the track; he did note that the owners of Hollywood Park have an approved project to redevelop the Inglewood site holding the rest of the industry in a state of limbo by not moving forward with the project due to the poor economy. He recommended that the draft letter included in the agenda packet be sent to the CHRB outlining the City's concerns and requesting future racing at Santa Anita Park. After discussion, the City Council agreed that the letter prepared by staff to the California Horse Racing Board should be a little stronger and also a copy should be forwarded to the Governor since he makes the appointments to that Board. d. Appointment of a Delegate to the San Gabriel Valley Mosquito and Vector Control District Board of Trustees. Recommended Action: Appoint a Delegate City Manager Don Penman reported that Council Member Chandler has been the City's representative on the San Gabriel Valley Mosquito and Vector Control District Board of Trustees since 2001; that his term ends December 31, 2010 and requires the appointment by the City Council of a delegate to the Board to serve for the next four years. It was moved by Council Member Harbicht, seconded by Council Member Kovacic and carried on roll call vote to appoint Council Member Chandler as the Delegate to the San Gabriel Valley Mosquito and Vector Control District Board of Trustees for a term of four (4) years. AYES: Council Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None 10 09 -21 -10 ADJOURNMENT The City Council /Redevelopment Agency adjourned in memory of Robert James Wick and Nellie Clara Prucha, long time Arcadia residents at 9:40 p.m. to Tuesday, October 5, 2010, 5:30 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. By: 11 James H. Barrows, City Clerk 52:0155 Lisa Mussenden Chief Deputy City Clerk/Records Manager 09 -21 -10 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 5, 2010 CALL TO ORDER Mayor Amundson called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None 52:0156 CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. STUDY SESSION City Negotiators: Administrative Services Director Hue Quach, Human Resources Administrator Michael Casalou and William Floyd of Best Best and Krieger LLP. Employee Organization: Arcadia Police Civilian Employees Association. b. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Julie Chirikian v. City of Arcadia, et al. (Los Angeles County Superior Court Case No. BC 408932 f Related Case: BC 4190381) c. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: 35 West Huntington Drive, 21 Morlan Place, 101 -111 North Santa Anita Avenue, 121 -159 North Santa Anita Avenue Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg, Administrative Services Director, Hue Quach and the Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency and Rusnak/Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment a. Report, discussion and direction regarding the issuance of Certificates at City Council meetings. Mr. Penman discussed the current policy and process regarding the issuance of certificates at City Council meetings; he noted different options for issuing certificating including a tiered level depending on the situation for City Council consideration. It was the consensus of the City Council to issue certificates as currently done; however depending on the situation, the City Council would like to maybe see it in a resolution format with all five Council Members signatures. 1 10 -05 -10 52:0157 b. Report, discussion and direction regarding the General Plan Update: Review of Materials, Final Environmental Impact Report and Text Amendments. Jason Kruckeberg, Assistant City Manager /Development Services Director provided information regarding the adoption process of the General Plan; he provided an overview and explained the documents provided in their agenda packet including the proposed text amendments to the Arcadia Municipal Code. Lisa Flores, Senior Planner provided the City Council with an overview of the Land Use Element portion of the General Plan; she explained that the General Plan is a long term plan which defines how the City will look and function in the next 25 years; that the proposed General Plan consists of eight elements, seven are required and one extra element which has been dedicated to Economic Development; that some of the elements were grouped together to minimize redundancy since they all have the same related policies, functions and goals including an introduction and discussion which was added to each element on achieving the City's vision which summarizes key features of that element and how they all relate to each other. She reported that the plan also includes an implementation plan that identifies specific action that the City will need to entertain in order to implement the goals and policies by certain timeframes; she noted that all departments have reviewed the proposed General Plan twice including the GPAC; and mentioned that no changes were made to the section relating to the Santa Anita Park. Mr. Kruckeberg commented on the proposed EIR relating to commercial and residential density, development standards, utilities, services, and growth; he discussed the utilities and service systems chapter as an example of how the EIR works with the General Plan; he discussed the comments received from various agencies on the EIR and responses received to the comments. He explained the zoning code amendments; he noted the positive comments received regarding the downtown area from the public outreach and planning commission meetings; he discussed some of the main recommendations relating to parking, height limit, downtown mixed use and R -3 changes. He reported that the General Plan Update is nearing the final steps in the adoption process and noted future Planning Commission and City Council meeting dates. Mayor Pro Tem Kovacic would like to have another study session before the public hearing in order to thoroughly review it and go over with staff. Mr. Penman will check available dates for a workshop and get back to the City Council. Mayor Amundson requested a summary of significant changes for City Council information. THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Steven Wilson, Church of the Good Shepherd PLEDGE OF ALLEGIANCE — Tony Trabbie, Fire Chief ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None 2 10 -05 -10 REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM 52:0158 City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in Closed Session to consider items (a) and (b) listed on the posted agenda, no reportable action was taken; and noted that item (c) on the Closed Session agenda will be considered after the open session and that it is presently not anticipated that there will be any reportable action. In addition, Mr. Deitsch reported that the City Council and Redevelopment Agency Board met in a Study Session to hear reports from staff regarding items (a) and (b) on the posted agenda; Mr. Deitsch reported that regarding the General Plan, the City Council has had several Study Sessions over the past two years; that staff presented a status report on the proposed General Plan and the proposed Environmental Impact Report; he noted that it is anticipated there will a public hearing on the proposed General Plan and Certification of the Environmental Impact Report by the Planning Commission on October 26, 2010 and a Special Meeting date to be selected prior to November 16, 2010; that the City Council will conduct a public hearing to consider the adoption of the General Plan and the Certification of the Environmental Impact Report on November 16, 2010; he advised that the proposed General Plan consists of 8 elements, 7 of which are required by law plus one extra element that the City Council will consider adopting, although not required by law. Mr. Deitsch also reported that in Study Session, the City Council considered a policy regarding the issuance of City certificates of recognition. 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 Council /Agency Member Chandler, seconded by Council Member Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of a Proclamation designating the week of October 3 -9, 2010 as Fire Prevention Week. PUBLIC COMMENTS Erin Slessor, PTA President at Camino Grove Elementary School reported on school activities at Camino Grove; she noted a PTA fundraiser auction; an Alice in Wonderland school musical; Red Ribbon week October 25 -29; and commented that information regarding "bullying" will be sent to parents. John Murphy, an Arcadia resident thanked the City Council for banning smoking at Wilderness Park; he provided an update on bears in north Arcadia; he commented on the percentage of residents who would like to see the wildlife exterminated, those who are indifferent and those residents who do not want to see wildlife killed; he advised that they have been working with the Bear League who have provided material and posters which they are posting in their neighborhood including a flyer they are posting on trash cans; he noted that in the past 3 weeks there have been no bear sightings or problems in their neighborhood; that there are no real 3 10 -05 -10 coyote problems in their area; he recommended education and community cooperation so that wildlife can co -exist with humans and tax dollars can be saved; and further noted that residents in his area have been diligent about properly handling food waste and securing small pets and their food. Council Member Harbicht commended Mr. Murphy's education efforts and asked for his thoughts on requiring bear proof trash containers in the Foothills. Mr. Murphy responded that it would be better to educate residents and utilize existing strategies rather than charge residents an additional trash fee of $8 per month. Bonnie Barron commented on Fire Prevention week and the education given to prevent home fires including educating residents about living with wildlife; she played a taped advertisement recording from the State Department of Fish and Game regarding wild animals information; she cited various state and local code sections that prohibit the feeding of wildlife on private property including fines and penalties; she suggested the City look into adopting an ordinance prohibiting the feeding non - domesticated animals similar to Monrovia and Sierra Madre; she suggested a public forum and requested this matter be placed on the agenda for a public hearing; that many organizations are willing to donate their services free of charge; and asked if any of the questions she addressed at the last meeting have been answered. Laura Ashmore, a Monrovia resident appeared and spoke in opposition of the coyote trapping program and advocated a no -kill solution; she shared information from a study which indicated that removal programs actually increase the coyote population by increasing reproductive capacity of female coyotes that survive. REPORTS FROM THE CITY COUNCIL AND CITY CLERK 52:0159 Council Member Segal encouraged residents to attend Arcadia High School's first game of the season on Friday which is Homecoming; he noted the new stadium bleachers that have been installed; and he announced that there will be an "Action Program" at the Library on Saturday from 8:00 a.m. to noon which will provide emergency training to residents. Council Member Chandler had nothing to report. Mayor Pro Tem Kovacic commented on community education efforts regarding wildlife in Arcadia; he noted wildlife articles in the City's quarterly newsletter, the Hot Sheet including the Chinese Association's website; he discussed the local and state codes cited by Ms. Barron; he recommended, and asked for support from two other Council Members, that an ordinance prohibiting the feeding of non - domesticated mammals be prepared for consideration; that the ordinance also apply to bears; he commented on Monrovia's ordinance and asked the City Attorney to provide the City Council with information if the City can regulate the feeding of wildlife on private property. City Attorney Deitsch responded that he would provide a memorandum to the City Manager regarding state and local statues pertaining to the feeding wildlife on private property In response to an inquiry by Council Member Chandler, Police Chief Sanderson responded that police officers could definitely enforce state statutes and issue citations only if the officer actually witnessed the event or a private person's arrest could also be made if the private party was also a witness to the violation. 4 10 -05 -10 Council Member Kovacic also encouraged residents to attend Homecoming at Arcadia High School on Friday; he also noted the new stadium and bleachers. Council Member Harbicht stated that he received a flyer in the mail opposing Arcadia's trapping of coyotes which was received anonymously and crude in nature; he indicated that he is willing to listening to anyone who would like to discuss the coyote issue or any other issue with him; and commented on the ordinance on the agenda which will prohibit the digging up of streets after they have been repaved for 5 years. City Clerk Barrows announced that the Library will be closed on Wednesday, October 6 for staff development; he also announced homecoming at Arcadia High School on Friday night; and commented on the new bleachers, the track and the new lighting. Mayor Amundson advised that in the last decade, Arcadia has spent approximately $10 million in street repairs; that residents should contact Public Works Services Department if they come in contact with a pothole; he advised that the marijuana dispensary wanting to open up in the County portion of Arcadia was defeated by the County; that he received many thanks for the role Arcadia played in getting this denied; he thanked the Police Department, especially Captain Kirby for his role in keeping the dispensary out of Arcadia. Mayor Amundson invited residents to attend "Coffee with the Mayor" on the second Friday of the month at 8:30 a.m. at the Community Center. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Adopt Resolution No. ARA -239 approving and adopting a Replacement Housing Plan in conjunction with the proposed Campus Commons Housing Project. Recommended Action: Adopt CITY COUNCIL ITEMS: b. Approve the purchase of one (1) paramedic rescue ambulance from Road Rescue Inc. for the Fire Department in the amount of $197,504.77. Recommended Action: Approve c. Authorize the City Manger to execute a contract with Silvia Construction Inc. for the Street Rehabilitation of Santa Anita Avenue from Camino Real Avenue to Longden Avenue, from Duarte Road to Christina Avenue, and from Foothill Boulevard to the 210 Freeway in the amount of $1,301,091.48 and authorize a 10% contingency. Recommended Action: Approve d. Award a purchase order contract to H.D. Supply Waterworks for the purchase of brass valves, fittings and related accessories in the amount of $113,252. Recommended Action: Approve e. Introduce Ordinance No. 2277 amending the Arcadia Municipal Code by adding Section 7308 to Chapter 3 of Article VII pertaining to street excavations. Recommended Action: Introduce 5 52:0160 10 -05 -10 f. Approve street closures for the Arcadia Festival of Bands on Saturday, November 20, 2010. Recommended Action: Approve It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve Consent Calendar items 1.a through 1.f. AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: 52:0161 a. Adopt Resolution No. 6747 opposing Proposition 19: The Initiative to Legalize Marijuana in California. Recommended Action: Adopt Mr. Penman reported that an initiative has been placed on the November Statewide ballot which would legalize marijuana in California; he stated that many concerns have been raised regarding the impacts of the passage of this measure in the State; that the City typically does not take positions on statewide initiatives however staff believes that this measure has significant implications and recommends the adoption of Resolution No. 6747 opposing the passage of Proposition 19 to legalize marijuana in California. He advised that Proposition 19 is opposed by Mothers Against Drunk Drivers, California Bus Association, California District Attorney's Association, the California Police Chiefs Association and the California Chamber of Commerce. Council Member Chandler moved to adopt Resolution No. 6747 and expressed his concerns and opposition regarding the passage of Proposition 19. Council Member Harbicht felt that the City Council should not take a stance on any statewide proposition on the ballot. Mayor Amundson seconded Council Member Chandler's motion to adopt Resolution No. 6747. Mayor Pro Tem Kovacic requested clarification from staff that if Proposition 19 is passed, would that allow an employee to smoke marijuana on the job while on a break. Mr. Penman responded that in reviewing literature from the State Chamber of Commerce there are concerns on how the passage of Proposition 19 would affect employers including cities; that it is unclear on what employees would have the right to do if passed; that there is a concern that the measure will allow City employees to utilize marijuana and how this may impact them in the workplace. It was moved by Council /Agency Member Chandler, seconded by Mayor /Agency Chair Amundson and carried on roll call vote to adopt Resolution No. 6747 opposing Proposition 19: The Initiative to Legalize Marijuana in California. AYES: Council /Agency Member Chandler, Amundson and Segal NOES: Council /Agency Member Harbicht and Kovacic ABSENT: None 6 10 -05 -10 52:0162 Both Council Member Harbicht and Mayor Pro Tem Kovacic clarified that their "no" votes are based solely on their opposition to the City Council taking an official position on Proposition 19 and does not reflect their personal views. b. Approve amendment to Employment Agreement between the City of Arcadia and City Manager to add a revised sub - section entitled Life Insurance Reimbursement on a one time basis for documented purchase of such policy. Recommended Action: Approve Mr. Penman excused himself from the dais since the item pertains to his Employment Agreement with the City. Hue Quach, Administrative Services Director reported that the current Employment Agreement between the City and Mr. Penman automatically renews January 1, 2011; he noted that while Mr. Penman is currently eligible to retire, he has expressed an interest to remain as City Manager; and noted that the City Council has expressed a desire for him to stay. Mr. Quach explained that under the City's current retirement system, if an employee who is eligible to retire but does not and passes away without having the opportunity to retire, their surviving spouse would only receive half the retirement benefit; he advised that Mr. Penman considered that risk, and is requesting that the City Council consider an amendment to his employment contract that would reimburse him $4,100 for his purchase of term life insurance that would cover the difference in what his retirement benefit could be as opposed to what it would be if he were to pass away without retiring. Mr. Quach advised that the proposed benefit would be taxable to Mr. Penman, but would not be included in income used to calculate any future retirement payment. He further added that the City Council appointed Council Members Harbicht and Segal to meet with Mr. Penman to discuss his request and recommendation to the City Council. Council Member Harbicht advised that he and Council Member Segal met with Mr. Penman and recommend the amendment to the Employment Agreement; he stated that earlier in the year, Mr. Penman had a scheduled salary increase pursuant to his Employment Agreement with the City, and keeping in line with the other bargaining groups, Mr. Penman took it upon himself to return the salary increase back to the City which was well in excess of the $4,100; he noted that this was reasonable request and accomplishes an important goal and feels that the City Council will agree. Council Member Segal also expressed his support for the recommendation; he noted that Mr. Penman returned approximately $6,000 back to the City which he was under no obligation to do; and feels that Mr. Penman is an important individual to have around and also feels that the request is a reasonable expenditure and encourages the other Council Members to support the recommendation. Council Member Chandler thanked Mr. Harbicht and Mr. Segal for their comments; he expressed support for Mr. Penman and the contract amendment; and felt it would be a good investment to keep Mr. Penman on as the City Manager. 7 10 -05 -10 It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal and carried on roll call vote to approve an amendment to the Employment Agreement between the City of Arcadia and Donald Penman to include a revised sub - section entitled "Life Insurance Reimbursement" on a one time basis for documented purchase of such policy. AYES: Council /Agency Member Chandler, Segal, Harbicht, Kovacic and Amundson NOES: None ABSENT: None The City Council recessed at 8:15 to Closed Session. ADJOURNMENT The City Council /Redevelopment Agency adjourned at 8:50 p.m. to Tuesday, October 19, 2010, 6:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. By: 8 James H. Barrows, City Clerk (L. 52:0163 Lisa Mussenden Chief Deputy City Clerk/Records Manager 10 -05 -10 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 19, 2010 CALL TO ORDER Mayor Amundson called the meeting to order at 6:30 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Elie Elbayadi, Arabic Evangelical Nazarene Church PLEDGE OF ALLEGIANCE — Tom Tait, Public Works Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM 1 52:0164 CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach, Human Resources Administrator Michael Casalou and William Floyd of Best Best and Krieger LLP. Employee Organization: Arcadia Police Civilian Employees Association. City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in Closed Session to consider the one (1) item listed on the posted agenda under Closed Session, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS - Assistant City Manager /Development Services Director noted that there was no supplemental information. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Chandler, seconded by Council Member Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 10 -19 -10 PRESENTATIONS a. Assembly Member Anthony Portantino: Annual "State of the State" Address. b. Presentation by the California Highway Patrol and Automobile Club of Southern California 10851 Award to Officer Brian Long. c. Proclamation presented to the Friends of the Arcadia Public Library designating October 17 -23, 2010 as the Friends of Libraries week in Arcadia. 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Adopt Resolution No. 6742 authorizing the Arcadia Police Department to use funds allocated from the Citizens' Option for Public Safety - Supplemental Law Enforcement Services Fund (COPS - SLESF) for the purpose of front line police services. Recommended Action: Adopt Police Chief Robert Sanderson provided an overview of the Citizens' Option for Public Safety (COPS) program; he explained that each year the State Legislature provides supplemental funding for local police departments which enables local police agencies to enhance public safety by purchasing equipment and /or services otherwise unavailable through the budget. Chief Sanderson reported that since 1997, the Police Department has used these funds for a crime analysis position and proposes to continue funding the position with COPS -SLESF funds; and noted that the minimum allocation to each city is $100,000. Mayor Amundson opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Harbicht and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6742 authorizing the Arcadia Police Department to use funds allocated from the Citizens' Option for Public Safety - Supplemental Law Enforcement Services Fund (COPS - SLESF) for the purpose of front line police services. AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None PUBLIC COMMENTS — With the concurrence of the City Council, Mayor Amundson announced a 3 minute time limit for public comments. Randal Massaro of Victorville appeared and apologized for coming off a little strong the last time he attended the City Council meeting; he expressed his opposition on the City spending $30,000 of taxpayer money to trap and kill coyotes; he noted that representatives of the Gabrielino Indians from the San Gabriel Mission and the San Manuel Indians were in attendance to speak on saving taxpayer money and saving the wildlife. 2 52:0165 10 -19 -10 52:0166 Lynn Belcher an Arcadia resident appeared and expressed her opposition on the trapping and killing of coyotes. Bonnie Barron of Sierra Madre appeared and commented on the cancellation of the City's October 18 community meeting regarding coyotes; she announced a free community presentation and informative discussion regarding coyotes at the L.A. County Arboretum on November 30 at 6:30 p.m. featuring author Camilla Fox; that the event is being hosted by Project Coyote, the Pasadena Humane Society, and the San Gabriel Valley Friends of Wildlife; and noted that the event is free to the public and invited the City Council to attend. Ernie and Andrew Salas of the Gabrielino Indians of San Gabriel appeared and commented on preserving wildlife. Apache Running Hawk of the First Nations Native Christian Fellowship of the Four Directions of Quartz Hills also appeared and commented on preserving wildlife. Daniel Ramos of Montebello appeared and spoke on behalf of Roberta Javier, an Arcadia resident, and discussed the preservation of wildlife. Sarah Livingston, an Arcadia resident appeared and expressed her concerns regarding the inhumane way Arcadia is killing coyotes and suggested that the City Council consider alternative methods. Christina Karagias, owner of Paco's Mexican Restaurant in Arcadia appeared and expressed her concerns regarding the removal of street parking on Second Avenue south of Foothill Boulevard and commented on the City's decision to install a left turn lane at Foothill and Second Avenue. Luv Tanael appeared and spoke on behalf of her daughter Dr. Ronalyn Raymundo, she commented on the removal of parking on Second Avenue and discussed the increased traffic and safety issues in that area; and suggested no left turn at certain times of the day, especially during school hours and high traffic times. Dr. Tom Segura appeared and discussed the City's intent to make changes to the intersection of Foothill and Second Avenue which he is opposed to, and the loss of parking; and commented on the other options discussed by the City. He requested that when the City reconsiders this matter, he would like to be involved in the process as indicated to him by the Mayor. Marie Johnston an Arcadia resident appeared and expressed her opposition to the trapping and killing of coyotes and feels it is not an effective way to address the situation. Christian Cummings an Arcadia resident appeared and reported on alternative ways of dealing with wildlife that he found on various websites; and commented that trapping and killing of coyotes is inhumane. Justine Fortai a resident of Lake Elsinore appeared and commented on the killing of coyotes and noted that trapping and killing them does not solve the problem. 3 10 -19 -10 REPORTS FROM THE CITY COUNCIL AND CITY CLERK 52:0167 In response to an inquiry by Council Member Harbicht regarding the Second Avenue intersection matter, Mr. Kruckeberg responded that no agenda date has been set. Mr. Harbicht stated that he would like staff to wait until the matter is agendized and discussed before any work is performed at that intersection. He acknowledged the agenda item regarding Target making a donation in the amount of $20,000 for the concerts in the park program. Mayor Pro Tem Kovacic thanked everyone for attending including the Native American Indians; he noted that education is the ultimate way to resolve any matter; he also commented on the presentation at the Arboretum on November 30 discussed by Ms. Barron; he advised that the Arcadia Chinese Association has published on their website, in the Chinese language, ways to live with the wildlife and felt that this is a positive step in the right direction. He announced that the next City Council meeting on November 2 is Election Day and encouraged everyone to go out and vote; he noted the Homecoming event last week at the High School with a new stadium and a 450 member marching band and he encouraged everyone to support the high school especially the athletic teams and the music program. Regarding the installation of the left turn lanes and removal of on- street parking on Second Avenue at Foothill Boulevard, the City Council agreed that this matter will be placed on the November 16, 2010 agenda for discussion. Council Member Chandler commented on the article in the Arcadia Newsletter regarding living with wildlife; he also pointed out that regarding recycling, plastics and jars do not need to be rinsed out that they can just be placed in the recycle bin. Council Member Segal thanked the speakers and found it to be enlightening and interesting; he noted that he would like some research done to see if trapping and relocating coyotes instead of killing them can be considered; and he commented on the statistics presented during the public comment period by Mr. Cummings. City Clerk Barrows had no comments. Mayor Amundson commented on the trapping and feeding of coyotes; he congratulated Mr. Segal on a successful Crystal Ball fundraiser; he noted the emergency preparedness check list in the ACTION handbook and encouraged everyone to be prepared; and also noted the Great California Shake Out that City staff will be participating in on Thursday; he noted Election Day on November 2 and encouraged everyone to go out and vote; he commented on the rare position the City took opposing the passage of Proposition 19; and commented on the Short Range Transit Plan that identifies transit goals and objectives for the next five years and will include proposed fixed routes for the Gold Line. In response to a question raised by Council Member Kovacic regarding the memorandum from Mr. Deitsch concerning state and local laws that prohibit the feeding of coyotes on private property, Mr. Deitsch agreed that signs with current State Code statutes and language is acceptable and can be posted. It was the consensus of the City Council to agendize for discussion the posting of "no feeding coyotes on private property" signs. 4 10 -19 -10 2. CONSENT CALENDAR CITY COUNCIL ITEMS: 52:0168 a. Adopt Ordinance No. 2277 amending the Arcadia Municipal Code by adding Section 7308 to Chapter 3 of Article VII pertaining to Street Excavations. Recommended Action: Adopt b. Adopt Resolution No. 6748 authorizing submittal of the Fiscal Year 2010 -11 Transportation Development Act — Article 4 Claim Forms to receive Capital and Operating funds for Arcadia Transit. Recommended Action: Adopt c. Authorize the City Manager to execute a Professional Services Agreement with Civiltec Engineering Inc. for Structural Design Analysis of Baldwin Reservoir No. 2 and No. 3 in the amount of $76,617. Recommended Action: Approve d. Accept a grant from Target in the amount of $20,000 for Recreation and Community Services Department Concert in the Park Program. Recommended Action: Approve e. Adopt Fiscal Year 2011 -2015 Short Range Transit Plan. Recommended Action: Adopt f. Reject the bids for a Vehicle Exhaust Extraction /Evacuation System for Fire Station No. 106 and direct staff to re -bid the contract. Recommended Action: Approve g. Reject the bids for Street Striping and Pavement Marking Services and direct staff to re -bid the contract. Recommended Action: Approve It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to approve Consent Calendar items 2.a through 2.g. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Introduce Ordinance No. 2278 amending Article VI (Businesses, Professions, Trades and Occupations) of the Arcadia Municipal Code to specify locations for outdoor Christmas tree and pumpkin sales. Recommended Action: Introduce Jim Kasama, Community Development Administrator reported that the Arcadia Municipal Code currently does not specify where Christmas Tree and Pumpkin sales may be held; that the proposed ordinance would allow Christmas Tree and Pumpkin sales on C -1, Limited - Commercial or Tess restrictive commercial and industrial lots, and with City Council approval on vacant residential lots or any lot owned or occupied by a non - profit charitable, religious or other 5 10 -19 -10 philanthropic organization; he explained that a noticing provision was included in the proposed ordinance that would provide owners of properties adjacent to a vacant residential lot or church of a request to conduct sales on a lot adjacent to their property to provide those owners an opportunity to comment on the proposed Christmas Tree sale and /or Pumpkin sales. 52:0169 John MacDonnell an Arcadia resident appeared and stated that as a reminder the turn signal where Mr. Simon was killed is a very effective way of controlling traffic at a corner; that professional plans were prepared to show the City Council how well organized the Christmas tree lot is; he noted the urgency of this matter because trees needed to be ordered in the next few days, that it takes time to prepare for the sales; and stated that any help would be appreciated. He also stated that the Fire Department also makes sure that all Fire Codes are in compliance. In response to a question by Council Member Chandler, Mr. Kasama responded that to date, no applications for Christmas tree sales have been submitted to the City; that last year, there were a total of 4 applications. It was moved by Council /Agency Member Kovacic seconded by Mayor /Agency Chair Agency Member Amundson and carried on roll call vote to introduce Ordinance No. 2278 amending Article VI (Businesses, Professions, Trades and Occupations) of the Arcadia Municipal Code specifying locations for outdoor Christmas tree and pumpkin sales. (Motion failed) AYES: Council /Agency Member Kovacic and Amundson NOES: Council /Agency Member Chandler, Harbicht and Segal ABSENT: None b. Award a purchase order to McPeek's Dodge of Anaheim for the purchase of two (2) 2010 Dodge Charger patrol units in the amount of $58,274.98. Recommended Action: Approve Robert Sanderson, Chief of Police, reported that staff recommends replacing two police motorcycles with two Dodge Charger police cars; he explained that over the years costs for motorcycle use have equaled and in some cases have surpassed that of purchasing and maintaining police cars; he noted that over the years almost every Arcadia Police Department motorcycle officer has been involved in a traffic collision which has been devastating both for the officer and the City financially; that Risk Manager and attorney Gordon Graham, a retired California Highway Patrol Administrator advised that police motorcycles can no longer be justified and have outlived their purpose. He reported that the City currently has three motorcycles in the fleet and proposed that two motorcycles be replaced with two Dodge Charger patrol cars; that once the new Dodge Charger patrol cars are operational the third traffic motorcycle will be removed from the City's fleet and not replaced; and noted that the third motorcycle will achieve a savings of approximately $29,000; and recommended replacing the two motorcycles with two 2010 Dodge Charger patrol cars in the amount of $58, 274.98 It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to award a purchase order to McPeek's Dodge of Anaheim for the purchase of two (2) 2010 Dodge Charger patrol units in the amount of $58,274.98. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 6 10 -19 -10 52:0170 c. Authorize the Citv Manager to execute a Memorandum of Agreement with the Gateway Cities Council of Governments for oversight and development of the Los Angeles River Metals TMDL Site Specific Objective Studies. Recommended Action: Approve Tom Tait, Public Works Services Director reported that in October 2008 the Regional Water Quality Board promulgated the Metals TMDL; he noted that the Metals TMDL mandates stringent compliance activities which have high implementation costs; that by performing scientific studies might help ease the burden of implementing the Metals TMDL by proving that the Los Angeles River is capable of tolerating higher concentrations of metals without exhibiting toxicity and being harmful to aquatic life and human health. Carmen Trujillo, Management Aide in the Public Works Services Department reported that the Los Angeles River Metals TMDL was adopted by the Los Angeles Regional Water Quality Control Board in September of 2007; she advised that Metals TMDL is a federal mandate based on potentially toxic concentrations of metal and established limits for copper, lead, zinc, cadmium and selenium in the Los Angeles River; she explained that a Waste Load Allocation is the maximum amount of a pollutant that is allowed to be released into a waterway; that 36 of the 40 watershed cities, along with the Los Angeles County and Caltrans are now mandated to monitor and take action to improve water quality in the Los Angeles River which requires cities to follow stringent compliance activities. She identified several studies that must be conducted to help reduce scientific uncertainties; that staff has been working with other cities in the Los Angeles River Watershed; that a steering committee was formed and based on the Gateway Cities Council of Governments who are experienced in administering multi- agency agreements, have agreed to act as the fiduciary agent for the studies; their services will include a Memorandum of Agreement (MOA) retention, and invoicing for study costs to all cities; that the MOA is between the COG and is a cost sharing agreement to implement and develop the scientific studies related to the Metals TMDL for the Los Angeles River and its tributaries. She advised that the total estimated cost for the Final Site Specific Objective/Water Effects Ratio is approximately $2.1 million which will be shared between the 36 watershed cities, Los Angeles and Caltrans; that Arcadia's portion will cost approximately $41,789.43 over the next three fiscal years and includes the cost of the COG administering the studies and the scientific advisor. She noted that the amount can increase depending on the number of cities that choose to participate however she advised that 97% of the watershed cities have tentatively voted to support this study; she noted that sufficient funds have been budged in the 2010 -11 Capital Improvement Program; and recommends the City Council authorize the City Manager to execute a Memorandum of Agreement with the Gateway Cities Council of Governments for oversight and development of the Los Angeles River Metal TMDL Site Specific Objective Studies. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to authorize the City Manager to execute a Memorandum of Agreement with the Gateway Cities Council of Governments for oversight and development of the Los Angeles River Metals TMDL Site Specific Objective Studies. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 7 10 -19 -10 ADJOURNMENT The City Council /Redevelopment Agency adjourned at 9:20 p.m. to Tuesday, November 2, 2010, 6:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. By: 8 James H. Barrows, City Clerk „-cz, 52:0171 Lisa Mussenden Chief Deputy City Clerk/Records Manager 10 -19 -10 CITY COUNCIL/REDEVELOPMENT AGENCY SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER 27, 2010 52:0172 CALL TO ORDER - Mayor /Agency Chair Amundson called the meeting to order at 8:00 a.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None PUBLIC COMMENTS (5 minutes per person) Scott Hettrick appeared and congratulated Jason Kruckeberg, Assistant City Manager /Develop- ment Services Director and staff for a job well done on the proposed General Plan Update. a. Report, discussion and direction regarding the General Plan Update: Review of Materials, Final Environmental Impact Report and Text Amendments. Jason Kruckeberg, Assistant City Manager /Development Services Director reported that on October 5, 2010, the City Council discussed the Draft General Plan, Final Environmental Impact Report (EIR) and the proposed text amendments to the Municipal Code that implement the General Plan and directed staff to bring additional information on three specific items: 1) history of public outreach and decision making through the General Plan process; 2) a summary of what was changed with regard to the format of the Plan; and 3) a summary of key topics and issues addressed in the Plan. Mr. Kruckeberg explained that several levels of community outreach and public participation have been involved in the process; he noted that a comprehensive approach in obtaining direct public input into the General Plan Update process ensures that multiple avenues are explored and employed to gain substantive input from the community during the entire General Plan Update process. He commented on the format of the General Plan and noted that one of the most important roles of the General Plan is to set the goals and policies that allow various City Departments to seek grant funding and set priorities in their work program; that the previous updates focused on the language and vision for the southern 85 acres of the Santa Anita Racetrack property and noted very few changes to the rest of the document; that the current updates restructure the Plan to clearly organize the required State Elements into a format that is easy to follow and use; that it provides the goals and policies for each topic area directly after the text and description of that topic area and it will be much more effective in augmenting grant applications, researching policies to apply to projects and navigating the document. Mr. Kruckeberg further explained the key topics and changes within the General Plan including new zoning designations, including the downtown area around the light -rail station, the existing mixed uses along South First Avenue and the Live Oak Avenue corridor; housing element - related amendments and revisions included eliminating minimum dwelling unit size, modifying the regulations for accessory dwelling units (guest house) in accordance with State law, changing the R -3 (high density residential) allowable density from 24 du /acre to 30 du /acre and adopting state - required standards for specific types of housing and density bonus allowances for affordable housing; and updating and modernizing other elements including Circulation Element, Sustainability Element and the Safety Element. 1 10 -27 -10 After discussion, the City Council directed staff to look into opportunities for Senior Housing Development in the Live Oak corridor area. Mr. Kruckeberg announced that the public hearing regarding the proposed General Plan Updates is scheduled for the November 16, 2010 City Council meeting. ADJOURNMENT The meeting adjourned at 9:35 a.m. By: 2 James H. Barrows, City Clerk I 1L, 52:0173 Lisa Mussenden Chief Deputy City Clerk/Records Manager 10 -27 -10