HomeMy WebLinkAboutItem 2d: 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
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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
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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
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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.
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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
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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
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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
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CITY COUNCIL ITEMS:
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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
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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
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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
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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
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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:
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James H. Barrows, City Clerk
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Lisa Mussenden
Chief Deputy City Clerk/Records Manager
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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