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HomeMy WebLinkAboutItem 10a - Special and Regular Meeting Minutes of July 16, 2019 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, JULY 16, 2019 CALL TO ORDER - Mayor Verlato called the Special Meeting to order at 5:03 p.m. in the Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia, California. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Beck, Chandler, Tay, and Verlato ABSENT: None Pursuant to Government Code Section 54953(b), Council Member Amundson participated via teleconference from Princess Cruises, Crown Princess, Room D326, at 1:00 a.m. (Belfast, UK Time), and notice was properly posted as required by law. PUBLIC COMMENTS – Comments were held over until the Study Session item. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Tom Crosby, an individual; Ellen Fu Crosby, an individual v. City of Arcadia, a California municipality; Santa Anita Oaks Homeowners Association, Inc., a California non-profit corporation; and Vincent I. Vargas, an individual (Los Angeles Superior Court Case No. BS172105). The Closed Session ended at 5:35 p.m. It was the consensus of the City Council to move the Study Session item to this portion of the agenda. Mayor Verlato announced that she has a conflict of interest regarding Study Session Item A, because she owns property in the proposed project area, and that she must recuse herself from participation and discussion in this matter. STUDY SESSION a. Report, discussion, and direction concerning potential development in Downtown Arcadia, including the City’s public parking lot between Santa Anita Avenue and First Avenue, south of Wheeler Avenue. Mayor Pro Tem Chandler called for public comments. April Verlato, owner of business at 33 E. Huntington Drive, appeared and stated that she strongly advises against entering into an Exclusive Negotiation Agreement at this time; she reminded the City Council that there are other developers that are interested in the development of the public parking lot, and that the other developer (Serrano Development) has made an offer on her property, and are currently in negotiations; she stated that nothing should be jumped into regarding the development, and urged the City Council to take a full look at what is going to be best for the public parking lot; she stated that the City Council should keep in mind that all the properties that front Huntington Drive cannot be developed if there is not additional parking to accommodate the current businesses and other proposed uses; she feels there needs to be more public parking in order for growth and development on Huntington Drive and the Downtown area; she encouraged the City Council to let the developers present their cases, because this property is the only last big space in Arcadia that is available for this type of development, and hopes it will not be wasted. Because Mayor Verlato has a conflict of interest, which prohibits her from discussion and participation in the Study Session item, she left the room. Assistant City Manager/Development Services Director provided a report on the potential development of the City owned parking lot project. Charles “Ted” Matthews, owner of 37 E. Huntington Drive, appeared and indicated that he wants to see a quality development that benefits the community and the City; he feels that it is too premature and inappropriate to enter into an Exclusive Negotiation Agreement; and he thanked the City Council for all they do. In response to Council Member Beck’s question, Mr. Matthews responded that one of the developers has approached him, but he is not in negotiations with anyone, and he is not interested in selling his property. Erick Wahl and Srinivas Yalamanchili, representing Positive Investments, Inc., appeared and proposed that the City Council approve an Exclusive Negotiation Agreement (“ENA”) between the City and Positive Investments regarding the development of the City-owned parking lot; they shared which properties in the project area they have purchased and are in the process of purchasing; they shared their concept of developing the site, which will include taking over the post office; and they proposed an ENA for a minimum of 18 months with an option to extend up to 30 months regarding the transfer of ownership of the City parking and provided examples of how they can change the current structure to modernize and update the site. Jason Tolleson, representing Serrano Development Group, appeared and expressed an interest in developing the City parking lot and provided a comprehensive vision of the site; he provided information about some of their past and current projects as reference in their letter submitted to the City Council; and asked the City Council that they be given a chance to compete to give the City the best project that fits the community. In response to Council Member Beck’s question, Mr. Tolleson confirmed that they are in negotiations with Mayor Verlato, and he did confirm that they reached out to Mr. Matthew’s, but he is not interested in selling. Dan Bacani, representing Lee and Associates on behalf of Serrano Development Group, appeared and shared the concept of a mixed-use development project and explained his reasons for this type of project, and feels that Serrano Development has the ideas for this type of project. A motion was made by Mayor Pro Tem Chandler, and seconded by Council Member Amundson and carried on a roll call vote to (1) enter into an Exclusive Negotiation Agreement with Positive Investments for a 12-month period regarding development of the City owned parking lot; (2) if feasible, include the post office in the development; (3) incorporate the Huntington Drive parcels; (4) preservation of the Denny’s Windmill; and (4) that the City be part of the selection process of the developer. AYES: Tay, Beck, Amundson, and Chandler NOES: None The Study Session ended at 6:40 p.m. b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation – one (1) case. c. Pursuant to Government Code Section 54957.8 to confer with Real Property Negotiators. Property: Public Parking Lot between Santa Anita Avenue and First Avenue, South of Wheeler Avenue (Assessor Parcel No. 5773-012- 901) Agency Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager/Development Services Director Jason Kruckeberg, and City Attorney Stephen P. Deitsch Property Negotiators: Erik Wahl, Positive Investments Under Negotiation: Price and Terms of Payment No reportable action was taken on Closed Session Items A and B, and Item C was not discussed. The Special Meeting ended at 6:50 p.m. 1 07-16-2019 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JULY 16, 2019 1. CALL TO ORDER – Mayor Verlato called the regular meeting to order at 7:04 p.m. 2. INVOCATION – First Reader, Kristin Bennett - First Church of Christ, Scientist 3. PLEDGE OF ALLEGIANCE – Girl Scout Troop #6911 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Tay, and Verlato ABSENT: Amundson Mayor Pro Tem Chandler made a motion to excuse Council Member Amundson from this meeting. The City Council concurred. 5. REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Deitsch announced that, prior to the regular meeting, the City Council met in a Special Meeting to consider the items posted under Closed Session, and to conduct a Study Session; and reported that Council Member Amundson participated in the Special Meeting via teleconferencing from Ireland. City Attorney Deitsch reported that regarding the Closed Session items, the City Council considered Items A and B on the posted agenda, that there was no need to discuss Item C; he indicated that Item B pertained to a claim against the City generally concerning Arcadia Transit, and there was no reportable action taken regarding Items A and B under Closed Session. City Attorney Deitsch further reported that the City Council also conducted a Study Session in order to receive a report, discuss, and provide direction concerning a potential development in Downtown Arcadia, including the City’s public parking lot between Santa Anita Avenue and First Avenue, south of Wheeler Avenue; he indicated that the City Council heard proposals from two potential investment/development entities, Positive Investments and Serrano Development Group, Inc., and the City Council took action as follows: City Attorney Deitsch indicated that while Mayor Verlato recused herself from discussion and participation in the Study Session item, the City Council directed staff to negotiate, and bring back to the City Council for approval a proposed Exclusive Negotiation Agreement with Positive Investment, which would cover a 12 month period regarding the City owned parking lot; that the motion was made by Mayor Pro Tem Chandler, seconded by Council Member Amundson (4-0), with Mayor Verlato having an excused herself due to a conflict because she owns an interest in real property adjacent to the City owned parking lot; and as directed by the City Council. City Attorney Deitsch added that the proposed Exclusive Negotiation Agreement will contain certain provisions, which will also be brought back to the City Council in the near future. 2 07-16-2019 6. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto indicated that a presentation was added to the agenda to the outgoing Director of the Performing Arts Center; and that a packet of information was distributed to the City Council, and will be referred to during the public comment portion of the meeting by Mr. Kutcher. 7. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem Chandler and seconded by Council Member Tay to read all ordinances and resolutions by title only and waive the reading in full. 8. PRESENTATIONS a. Presentation to the City by the Friends of the Arcadia Public Library of a donation in the amount of $30,000 for the Summer Reading Program and other Library Programs for the Community. b. Presentation to Donna Choi, Executive Director of the Downtown Arcadia Improvement Association for coordinating the Patriotic Festival Slideshow. e. Presentation of the Mayor’s Certificate to Maki Hsieh, Executive Director of the Arcadia Performing Arts Foundation for her service at the Arcadia Performing Arts Center. c. Presentation to outgoing Board and Commission Members. d. Administer the Oath of Office to newly appointed Board and Commission Members. 9. PUBLIC HEARING a. Confirm the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures weed abatement charges, and order the County Auditor to enter the amounts of the assessment against the parcels of land as they appear on the current assessment roll. Recommended Action: Approve City Manager Lazzaretto presented the staff report. Mayor Verlato opened the public hearing. No one appeared. A motion to close the public hearing was made by Mayor Pro Tem Chandler, seconded by Council Member Tay, and seeing no objection, Mayor Verlato declared the public hearing closed. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Tay, and carried on a roll call vote to confirm the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures weed abatement charges, and order the County Auditor to enter the amounts of the assessment against the parcels of land as they appear on the current assessment roll. AYES: Chandler, Tay, Beck, and Verlato 3 07-16-2019 NOES: None ABSENT: Amundson 10. PUBLIC COMMENTS Steven Kutcher, an Arcadia resident, appeared and spoke about a 4,700 square foot house that is going up at 1827 Oak View Lane; he indicated that Oak View Lane only has 12 homes, and the street is a private single lane road with one way in and out, and feels the street was not designed for large homes of this size; that there are no sidewalks or curbs, and feels there should be a 6 foot setback as the over-sized home would dramatically aggravate the parking problems that currently exist; he noted that the Notice of Pending Decision sent out by the City to all residents on Oak View Lane indicates that two dead sycamore trees will be removed from the property, but indicated that the trees are healthy, and not dead; he feels that the project should not be approved, and expressed his concerns with deficiencies in the arborist report; and indicated that he represents all the homeowners on Oak View Lane, and that something must be done. In response to Mr. Kutcher’s comments, Assistant City Manager/Development Services Kruckeberg indicated that the project has been approved; he agreed that the notice may have had the wrong terminology, but that it was his understanding the trees were not dead, but maybe created a dangerous condition, and indicated that the arborist report will be reviewed; he further indicated that the street is a private street which was taken into consideration, and that a construction plan was required because the street is very intimate and narrow, and that the construction plan will be reviewed to ensure there is as little disruption to the street and residents as possible. Mayor Verlato encouraged Mr. Kutcher to feel free to email or call the City Council or staff at any time. City Manager Lazzaretto directed Mr. Kutcher to Planning/Community Development Services Administrator Flores, who was in the audience. 11. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). Council Member Beck thanked the Girl Scouts for leading the Pledge of Allegiance; he thanked the Friends of the Arcadia Public Library for their $30,000 donation to the Library for the Summer Reading Program; he indicated that he and Mayor Verlato participated in the July 4th Sierra Madre Parade; he congratulated Maki Hseih; and he thanked all the outgoing commissioners for their service to the community. Mayor Pro Tem Chandler had no comments. Council Member Tay indicated that he hoped everyone had a great 4th of July; he announced that he attended the League of California Cities Conference June 19-21, and the Independent Cities Association Conference July 11-13, and commented on the various topics that were discussed; and noted that the upcoming 2020 Census count was discussed and he encouraged residents to participate. City Clerk Glasco had no comments. 4 07-16-2019 Mayor Verlato announced that the June 29 Patriotic Festival was a great success and thanked Donna Choi for all she did; she announced that she attended the Sierra Madre Parade, and the fireworks show in Monrovia; she also indicated that she attended the Independent Cities Association Conference with Council Member Tay, and commented on the various topics discussed; she reminded everyone of the Thursday Concerts and Movies in the Park, and noted that August 8 is the last Concert and Movie in the Park; she also announced that, on July 20, there will be a special documentary screening of Apollo 11, at the Library, and hopes everyone is enjoying their summer. City Manager Lazzaretto announced that Leadership Academy sign-ups are currently being accepted until August 30, and classes will be September 11 through November 5; and anyone interested should contact Laena Shakarian in the City Manager’s office at (626) 574-5434 or email at lshakarian@arcadiaca.gov. 12. CONSENT CALENDAR a. Regular Meeting Minutes of June 4, and June 18, 2019, and Special Meeting Minutes of June 19, 2019. Recommended Action: Approve b. Resolution No. 7267 reciting the fact of the Special Municipal Election held on June 4, 2019, and declaring the results and such other matters as provided by law. Recommended Action: Adopt c. Resolution No. 7270 commemorating Senate Bill S.1050, the Chinese-American World War II Veteran Congressional Gold Medal Act. Recommended Action: Adopt d. Donation in the amount of $30,000 from the Friends of the Arcadia Public Library for the Summer Reading Program and other Library Programs for the Community. Recommended Action: Accept e. Accept all work performed by Post Alarm Systems for the installation of an intrusion alarm, security cameras, and access control system at City Hall and Council Chambers as complete. Recommended Action: Approve f. Professional Services Agreement with Jan’s Towing, Inc. for official Police Tow and Garage Storage Services. Recommended Action: Approve g. Professional Services Agreement with Carollo Engineers for the Water and Sewer Cost of Service Study Update in the amount of $78,982. Recommended Action: Approve h. Amendment to the Professional Services Agreement with DB Electronics, LLC for installation and repairs to Fire Department Emergency Lighting and Sirens, Electronics, and Communication Equipment in an amount not to exceed $30,000. Recommended Action: Approve 5 07-16-2019 i. Agreement for Specialized Personnel Related Legal Services and an Employment Relations Consortium Agreement for Personnel Related Training and Consortium Services with Liebert Cassidy Whitmore in an amount not to exceed $85,000. Recommended Action: Approve j. Contract with General Pump Company, Inc. for the Inspection and Rehabilitation of the Live Oak Well Project in the amount of $137,336. Recommended Action: Approve k. Purchase Order with 72 Hour LLC dba National Auto Fleet Group for the purchase of three black and white Ford Explorer Police Interceptor Patrol Utility Vehicles in the amount of $125,979.72. Recommended Action: Approve It was moved by Mayor Pro Tem Chandler, seconded by Council Member Beck, and carried on a roll call vote to approve Consent Calendar Items 12.a through 12.k. AYES: Chandler, Beck, Tay, and Verlato NOES: None ABSENT: Amundson 13. ADJOURNMENT The City Council meeting adjourned at 8:03 p.m. to Tuesday, August 6, 2019, 6:00 p.m. in the City Council Conference Room.