HomeMy WebLinkAboutApril 21, 2009CITY OF ARCADIA
CITY COUNCIL/REDEVELOPMENT AGENCY
REGULAR MEETING
°m°°~~> °t~`e•' TUESDAY, APRIL 21, 2009
AGENDA
7:00 p.m.
Location: City Council Chamber, 240 W. Huntington Drive
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
Pat Malloy, Assistant City Manager/Public Works Director
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
Robert Harbicht, Mayor/Agency Chair
John Wuo, Mayor Pro Tem/Agency Vice Chair
Peter Amundson, Council/Agency Member
Roger Chandler, Council/Agency Member
Gary Kovacic, Council/Agency Member
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council/Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the 7:00 p.m. Open Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council/Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on
by one roll call vote. There will be no separate discussion of these items unless members of the
City Council/Redevelopment Agency request specific items be removed from the Consent
Calendar for separate action.
Any writings or documents provided to a majority o(the City Council regarding any item on this agenda will be made available !or
public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, Calilomia, during normal business hours.
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Meeting Minutes of April 7. 2009.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Approve the Meeting Minutes of April 7. 2009.
Recommended Action: Approve
c.
2. PRESENTATION TO OUTGOING MAYOR ROBERT HARBICHT
Presentation by Mayor Pro Tem John Wuo on behalf of Governor Arnold Schwarzenegger
Presentation by Mayor Pro Tem John Wuo on behalf of Senator Dianne Feinstein
Presentation by Carlos Cortez on behalf of Congressman David Dreier
Presentation by David Monroy on behalf of State Senator Bob Huff
Presentation by Steve Johnson on behalf of Assembly Member Anthony Adams
Presentation by Mayor Pro Tem John Wuo on behalf of Assembly Member Anthony Portantino
Presentation by Brian Mejia on behalf of Supervisor Michael Antonovich
Presentation by Mayor Rob Hammond, City of Monrovia
Presentation by Dr. Joel Shawn and Joann Steinmeier on behalf of the Arcadia School District
Presentation by Judy R. Pons and Beth Costanza on behalf of Arcadia Chamber of Commerce
Presentation by Bruce McCallum on behalf of the Rotary Club of Arcadia
Presentation by Sho Tay on behalf of Arcadia Chinese Association
Presentation by Jack Pan on behalf of the San Gabriel Valley Council Boy Scouts of America
Presentation by Mayor Pro John Wuo on behalf of the City of Arcadia
REMARKS BY OUTGOING MAYOR ROBERT HARBICHT
3. REORGANIZATION OF THE CITY COUNCIL
a. City Clerk calls for the election of the Mayor
b. Mayor calls for the election of Mayor Pro Tempore
4. REMARKS AND INTRODUCTIONS BY MAYOR
5. REMARKS AND INTRODUCTIONS BY MAYOR PRO TEMPORE
6. REMARKS AND INTRODUCTIONS BY COUNCIL MEMBERS
ADJOURNMENT
The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, May 5, 2009,
6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive,
Arcadia.
Any writings or documents provided to a majority of fhe Cify Council regarding any item on this agenda wifl be made available (or
public inspection in the City Clerk's office located at 240 W. Huntington Ddve, Amadia, California, during normal business hdurs.
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification
or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such
modifcation or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to assure accessibility to the meeting.
Any wdtings or documents provided to a majodty of the City Council regarding any item on this agenda will be made available for
public inspection in the City Cledr's office located at 240 W Huntington Drive, Arcadia, California, during norms! business hours.
51:0049
CITY COUNCIUREDEVELOPMENTRGENCY
REGULAR MEETING MINUTES
TUESDAY, APRIL 7, 2009
CALL TO ORDER
Mayor Harbicht called the meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Harbicht
ABSENT: Council Member Kovacic
A motion was made by Council/Agency Member Chandler seconded by Council/Agency
Member Amundson to excuse Council Member Kovacic.
Council Member Kovacic arrived at 5:35 p.m.
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
None
STUDY SESSION
a. Report, discussion and direction regarding Massage Use Moratorium update and
options.
Jason Kruckeberg, Development Services Director provided an update and options regarding
the massage use moratorium currently in effect and expires October 21, 2009. He noted that
since the moratorium has been in place staff has been working on establishing recommended
procedures and regulations. He explained two of the four options for inclusion into the new
ordinance for City Council consideration regarding requiring a conditional use permit for
massage uses and limiting the number of allowable licenses at a doctor or chiropractor's office.
Police Chief Sanderson provided a report regarding compliance and coordination with the new
state process (Senate Bill 731, effective September 2009) which regulates massage therapist
licenses and explained the written and practical/physical testing of applicants at the local level.
The City Council unanimously directed staff to bring back an ordinance and proposal with
changes in accordance with State Law and eliminate acupuncturist in the ordinance.
b. Report, discussion and direction regarding water and sewer rate adjustments for
FY 2009/10.
Tom Tait, Deputy. Public Works Services Director provided information and a slide presentation
regarding proposed utility rate increases. He explained that every year current utility rates are
evaluated to ensure proper funding and to provide quality services to the residents. He noted
that utility rates fund the operations and maintenance of the water system and the sanitary
sewer system; and reported that staff is proposing for 2009/2010 a 3.7% increase in water and
sewer rates with automatic COLA adjustments for fiscal years 2010-11, 2011-12, 2012-13 and
04-07-2009
51:0050
2013-14. He provided and discussed water and sewer rates, Proposition 218 balloting
procedures and noted that water and sewer rate increases are necessary to fund the Capital
Improvement Program and Operating Budget and to maintain a reserve fund balance in case of
a natural disaster or emergency. He further noted the lack of a rate increase would not allow
the City to recover increasing operations and maintenance costs of running the City's water and
sewer system. He advised that additional information will be provided in open session under
the City Manager agenda.
c. Report, discussion and direction regarding East Raymond Basin Water
Resources Study and the Foothill Water Coalition.
Pat Malloy, Assistant City Manager/Public Works Services Director provided for informational
purposes only a report and slide presentation regarding the East Raymond Basin Water
Resources Study which is a local project between the County of Los Angeles, City of Sierra
Madre and Arcadia and the Foothill Water Coalition which is a regional project that runs from
San Bernardino County to La Canada Flintridge and runs along the base of the San Gabriel
Mountains. He explained the purpose of these two projects and how they operate and relate to
the City of Arcadia.
Report, discussion and direction regarding the Sexual Predator Punishment and
Control Act (Jessica's Law).
Police Chief Sanderson reported that on November 7, 2006, the voters approved Proposition 83
"The Sexual Predator Punishment and Control Act" (Jessica's Law) which better protects
Californians and especially children from sex offenders; and that Proposition 83 prohibits any
registered sex offender on parole from the California Department of Corrections and
Rehabilitation, Adult Parole Operations from residing within 2,000 feet of any public or private
school or park where children regularly gather. Proposition 83 authorizes municipal jurisdictions
to enact local ordinances to further restrict the residency of any registered sex offender, whether
or not they are on parole or prdbation. Chief Sanderson noted that many surrounding cities
have adopted a local ordinance including Los Angeles County. He discussed Arcadia's
potential residency and loitering restrictions, exclusion zones, sex offender recidivism, parole
and offender residency placement and the current status of sex offenders in Arcadia and Los
Angeles County.
The City Council unanimously directed staff to prepare the appropriate ordinance to amend the
Arcadia Municipal Code to include residency and loitering restrictions for sex offenders and
bring back to a future meeting for consideration.
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht called the regular meeting to order in the Council Chamber at 7:00 p.m.
INVOCATION
Reverend Ron Fraker, Church of the Foursquare Gospel
PLEDGE OF ALLEGIANCE
Carolyn Garner-Reagan, Director of Library and Museum Services
04-07-2009
51:0051
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council met in an earlier study session to
consider the four items listed on the posted agenda (a) a massage use ordinance which the City
Council directed staff to prepare for consideration at a later date prior to the current Massage
Use Ordinance expiring in October, (b) a report regarding water and sewer rate adjustments
which will be discussed on the regular agenda under City Manager (c) a report regarding the
East Raymond Basin Water and Foothill Water Coalition was presented for informational
purposes only, and (d) a report regarding the Sexual Predator Punishment and Control Act
(Jessica's Law) and the City Council directed staff to prepare the appropriate ordinance to bring
back for discussion at a later date regarding residential and loitering restrictions for sexual
predators.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
City Manager Don Penman noted that a letter relating to the public hearing item was placed
before them on the dais prior to the meeting.
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council/Agency Member Amundson, seconded by Mayor Pro
Tem/P~gency Vice Chair Wuo 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 April as DMV/Donate Life California
Month.
PUBLIC HEARING
All interested persons are invited to appear at the Public Hearing and to provide evidence or
testimony concerning the proposed items of consideration. You are hereby advised that should
you desire to legally challenge any action taken by the City Council with respect to any Public
Hearing item on this agenda, you may be limited to raising only those issues and objections
which you or someone else raised at or prior to the time of the Public Hearing.
CITY COUNCIL ITEMS:
a.
South Eiohth Avenue.
Recommended Action: Uphold denial
04-07-2009
51:0052
Jim Kasama, Community Development Administrator provided background information
regarding the five lot subdivision with a single sided cul-de-sac at 1402-1410 South Eighth
Avenue. He noted that a tentative map application was submitted by the property owner in
escrow to consolidate three (3) properties for a five (5) lot single family residential subdivision.
He further noted the Planning Commission denied (3-2) the proposed subdivision based on
findings that the proposed map was not consistent with applicable general and specific plans,
that the design and improvement of the proposed subdivision was not consistent with applicable
general and specific plans and the site was not physically suitable for the type and density of
development. He provided information regarding the proposed single-sided cul-de-sac and
noted that the proposal satisfies the City's subdivision regulations and is consistent with the
General Plan land use designation; however staff was not in favor of the proposal because of
the undesirable characteristics of single-sided cul-de-sacs which are not entirely consistent with
Community Development Goals of the General Plan. He discussed the adverse impacts upon
neighboring properties and existing property line encroachments.
Mayor Harbicht opened the public hearing.
Charles Huang, the Applicant, appeared and presented a slide show and spoke on the
proposed development of the project.
Mr. Bowden of Bowden Development appeared and spoke in favor of the project.
Edwin Shay, neighbor to the project, appeared and spoke in favor of the project.
Ken (inaudible) appeared and spoke in favor of the project.
David Johnson, Johnson Family Representative, appeared and spoke in opposition of the
project.
David, Lucille and Roy Chang, neighbors to the project, appeared and spoke about the project.
(The Chang's also provided a letter on April 6, 2009).
The applicant, Mr. Huang addressed issues raised by Mr. Johnson and Mr. Chang during public
comment period.
A motion to close the public hearing was made by Council Member
Kovacic, seconded by Mayor Pro Tem Wuo and seeing no further objection, Mayor Harbicht
declared the public hearing closed.
City Attorney Steve Deitsch read into the record amendments to the conditions of approval.
It was moved by Council Member Chandler seconded by Mayor Pro Tem Wuo and carried on
roll call vote to approve Tentative Map Application No. TM 69958 based on findings prescribed
by the State Subdivision Map Act and the Arcadia Municipal Code including conditions of
approval as recommended by staff and amended by the City Attorney.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
04-07-2009
51:0053
PUBLIC COMMENTS
None
REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK
Council Member Kovacic congratulated Mayor Harbicht on the Mayor's Community Breakfast;
he announced the Community Bike Ride and Arcadia Fire Fighters' Association Breakfast on
May 2nd and Law Day on May 9th at the Library; the Citizen of the Year event and Installation of
the new Chamber Board on April 17th. He further announced that Mickey and Lee Segal will be
receiving the Citizens of the Year and Kevin Zimmerman will be installed as the Chamber's new
President.
Council Member Amundson thanked staff for updating the Tribute to Arcadia Soldiers sign; he
commented on the Italy earthquake and encouraged everyone to be prepared. He
congratulated the Mayor on the Mayor's Community Breakfast; he read a letter to the City from
Pamela Blackwood on the passing of her husband and noted Easter on Sunday and wished
everyone a Happy Easter.
Mayor Pro Tem Wuo congratulated the Mayor on an outstanding Community Breakfast; he
noted the Arcadia High School ground breaking; the Chamber of Commerce installation dinner
and congratulated Mickey and Lee Segal who will be receiving the Citizens of Year award. He
also congratulated Jim and Margaret Barrows on receiving an award from the California Parks
and Recreation Society.
Council Member Chandler thanked staff who worked on the Mayor's Community Breakfast and
thanked the Mayor for conducting an orderly public hearing. He also commented on the
bankruptcy and sale of the race track property.
City Clerk Barrows congratulated the Mayor on the Community Breakfast and noted that this
weekend is the Arcadia Invitational Track Meet and reminded everyone to drive safely around
the school.
Mayor Harbicht thanked everyone who worked and participated in making the Mayor's
Community Breakfast a success, especially the City Manager's staff on a terrific job in planning
the event. He announced that he recently became a representative of the Southern California
Association of Governments which represents eight surrounding cities.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Meeting Minutes of February 24, 2009. March 5 2009 and March
17. 2009.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Abprove the Meeting Minutes of February 24. 2009. March 5 2009 and March
17. 2009.
Recommended Action: Approve
04-07-2009
51:0054
c. Introduce Ordinance No. 2256 amending various Sections to Article IX of the
Arcadia Municipal Code.
Recommended Action: Introduce
Award a purchase order contract to Gale Cengage Learning for the purchase of
subscriptions to five electronic databases for the Library in the amount of
$37.025.85.
Recommended Action: Approve
Authorize the Citv Manager to execute a contract with MNR Construction. Inc. for
the 2008-09 Water Main Replacement Project in the amount of $369.097.
Recommended Action: Approve
Authorize the Citv Manager to execute the Cooperative Agreement with the Los
Angeles Countv Flood Control District and the Citv of Sierra Madre for the East
Raymond Basin Water Resources Prooram.
Recommended Action: Approve
9~
System Management Plan required by the Statewide General Waste Discharoe
Requirements.
Recommended Action: Approve
h. Adopt Resolution No. 6672 requesting an amendment to the Metro Draft 2009
Long Range Transportation Plan (LRTP) relating to expedited funding for the
Metro Gold Line Foothill Extension.
Recommended Action: Adopt
Authorize Citv staff to continue using the MBIA Asset Management Group for
Investment Management Services for the coming year.
Recommended Action: Approve
A motion was made by Council Member Chandler seconded by Council Member Kovacic and
carried on roll call vote to approve items 2.a through 2.i on the City Council/Agency Conseht
Calendar.
AYES: Council/Agency Member Chandler, Kovacic, Amundson, Wuo and Harbicht
NOES: None
ABSENT: None
3. CITY MANAGER
Direct the Public Works Services Department to follow Proposition 218 balloting
procedures for the increase of water and sewer rates and conduct a public
and 2013/14.
Recommended Action: Approve
04-07-2009
51:0055
Tom Tait, Deputy Public Works Services Director provided the staff report regarding proposed
utility rate increases. He explained that every year current utility rates are evaluated to ensure
proper funding and to provide quality services to the residents. He noted that utility rates fund
the operations and maintenance of the water system and the sanitary sewer system; and
reported that staff is proposing for 2009/2010 a 3.7% increase in water and sewer rates with
automatic COLA adjustments for fiscal years 2010-11, 2011-12, 2012-13 and 2013-14. He
provided and discussed water and sewer rates, Proposition 218 balloting procedures and noted
that water and sewer rate increases are necessary to fund the Capital Improvement Program
and Operating Budget and to maintain a reserve fund balance in case of a natural disaster or
emergency. He further noted the lack of a rate increase would not allow the City to recover
increasing operations and maintenance costs of running the City's water and sewer system. He
advised that a public hearing is scheduled for June 16, 2009 and all appropriate resolutions will
be prepared and presented for City Council consideration.
A motion was made by Mayor Pro Tem Wuo seconded by Council Member Chandler and
carried on roll call vote to follow Proposition 218 balloting procedures for the increase of water
and sewer rates and conduct a public hearing at the June 16, 2009 City Council meeting with
prepared resolutions to adopt the proposed rate increases for fiscal years 2009-10, 2010-11,
2011-12, 2012-13 and 2013-14.
AYES: Council/Agency Member Wuo, Chandler, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
b. Adoot Resolution No. 6674 adootina a written oolicv for distribution of City
Mr. Penman provided the staff report regarding the adoption of a written policy for distribution of
City controlled tickets and/or passes to City officials. He noted that the Fair Political Practices
Commission recently amended their regulations pertaining to the disbursement of tickets to and
from a public agency which are used by individual public officials and in order to comply with the
new regulations the City must adopt a written policy.
A motion was made by Council Member Chandler seconded by Mayor Pro Tem Wuo and
carried on roll call vote to adopt Resolution No. 6674 adopting a written policy for distribution of
City controlled tickets and/or passes to City officials in compliance with California Code of
Regulations, Section 18944.1, as amended by the Fair Political Practices Commission.
AYES: Council/Agency Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
04-07-2009
Recommended Action: Adopt
51:0056
ADJOURNMENT
The City Council/Redevelopment Agency was adjourned in memory of Terry Blackwood at 9:40
p.m. to Tuesday, April 21, 2009, 7:00 p.m. in the City Council Chamber located at 240 W.
Huntington Drive, Arcadia.
James H. Barrows, City Clerk
ISSN ~~w.u~. ~~
By:
Lisa Mussenden, Chief Deputy City Clerk/
Records Manager
04-07-2009
,.......
....,,,
DATE: April 21, 2009
TO: Mayor and City Council
STAFF REPORT
Public Works Services Department
FROM: Pat Malloy, Assistant City Manager/Public Works Services Directc
Prepared by: Tom Tait, Public Works Services Deputy Director
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A SOLE SOURCE
CONSERVATION BLOCK GRANT APPLICATION IN THE AMOUNT OF
20 000
Recommendation: Approve
SUMMARY
As part of the federal government's economic stimulus program, Congress recently
approved the American Recovery and Reinvestment Act of 2009 which appropriated $3.2
billion to the U.S. Department of Energy's (DOE) Energy Efficiency and Conservation
Block Grant (EECBG) Program. Of the $3.2 billion appropriation, $2.7 billion or 84% will
be distributed to cities, counties, states, and Indian tribes through formula grants. Based
on population and energy consumption, the City of Arcadia was allocated $534,700.
In order to receive these funds, the City must submit the EECBG application that includes
a detailed comprehensive plan that will show that Arcadia's proposed projects align with
the goals and objectives of the DOE's EECBG Program. City staff does not have the
expertise to complete the application by the June 25, 2009 deadline. Therefore, staff
recommends that City Council authorize the City Manager to execute a sole source
contract with Willdan Energy Solutions (Willdan) for the completion and submittal of the
Energy Efficiency and Conservation Block Grant Application in the amouht of $20,000.
DISCUSSION
As part of the recently approved 2009 Stimulus Plan, the Federal Government is expecting
local agencies to make immediate use of the EECBG funds to accelerate energy efficiency
and conservation project activity that will also spur job growth. In order to receive the
$534,700 allocated to the City of Arcadia, staff must submit an EECBG application. The
funds made available through the EECBG Program will be used to install new gas electric
Page 1 of 2
Mayor and City Council
April 21, 2009
cooling and heating units, new t-bar ceilings, acoustic panels and double pane insulated
windows and frames at City Hall. Staff believes that the funding opportunity provided by
the DOE is valuable for our City and that all efforts should be made to assure that we are
able to receive the full amount that we are eligible for. The energy efficient projects at City
Hall are being proposed as part of the 2009/10 Capital Improvement Program which will be
brought before the City Council for consideration as part of next year's budget process.
The EECBG is an unprecedented funding opportunity and quick action is critical for the
City to take full advantage of this prospect. The content required by the application is
beyond staffs expertise and a consultant must be retained to assist in the completion of
the application. Willdan has submitted a proposal to complete the application for the City.
Willdan is currently performing these services for other cities, such as Lakewood,
Paramount, Calabasas and West Covina. More importantly, as a partner with Willdan,
SCE has stated they will integrate rebate savings which will lower the cost of the energy
saving projects proposed by the City.
Willdan specializes in completing grant applications and has developed a streamlined
application process that is in full compliance with Federal and State funding guidelines.
They have an extensive background developing Energy Action Plans for municipalities and
will make sure that the City meets the timeline required to submit the EECBG Grant
Application. Therefore, staff recommends that City Council authorize the City Manager to
execute a sole source contract with Willdan Energy Solutions for the completion and
submittal of the Energy Efficiency and Conservation Block Grant Application in the amount
of $20,000.
ENVIRONMENTAL IMPACT:
All projects receiving financial assistance from the DOE must be reviewed under the
National Environmental Policy Act (NEPA). This project may qualify for categorical
exclusion status however, it will not be determined until NEPA reviews the Environmental
information portion of EECBG application.
FISCAL IMPACT:
According to the DOE's announcement of the EECBG, 10% of the grant funds may be
used for administrative expenses. Therefore, the cost associated for contracting out to
Willdan Energy Solutions would be reimbursed through the grant.
RECOMMENDATION:
Authorize the City Manager to execute a sole source contract with Willdan Energy
Solutions for the completion and submittal of the Energy Efficiency and
Conservation Block Grant Application in the amount of $20,000.
Approved: ~e~~c.w..,......_l
PM:TT:CT Donald Penman, City Manager
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