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HomeMy WebLinkAboutAugust 30, 2010CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUEST 3, 2010 52:0121 CALL TO ORDER - Mayor Amundson called the meeting to order at 5:00 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) CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. STUDY SESSION City Negotiators: Administrative Services Director Hue Quach and Human Resources Administrator Michael Casalou. Employee Organizations: Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. b. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield, LLC, et al. v. City of Arcadia: Arcadia First! v. City of Arcadia; Real Parties in Interest: Caruso Property Management, Inc., Santa Anita Associates Holding Co., LLC, The Santa Anita Companies, Inc., Santa Anita Commercial Enterprises, Inc. Santa Anita Associates, LLC, Magna Entertainment Corporation, Los Angeles Turf Club, Incorporated, Rick J. Caruso, Caruso Affiliated, Inc. (State of California Court of Appeal Case No. B212865) a. Report, discussion and direction regarding the rehabilitation of streets with Stone Pine trees in various locations North of Elkins Avenue. Tom Tait, Public Works Services Director reported that the City has received numerous complaints from residents in the Highland Oaks area regarding the condition of pine trees north of Elkins Avenue; he explained that over the past five years, trees have been removed due to decay and branches falling; that an arborists report indicated that there are about 60 big Pine trees ranging from about 4 to 5 feet in diameter; that some of the roots are interfering with their own tree trunks and do not have room for the roots to grow out and are weakening the structure of the tree and damaging sidewalks, curbs and driveways. He noted that according to the Arborist report, the trees are at least 50 years old and nearing their lifespan and should be replaced; he reported that the trees will be replaced with Fern Pine and Southern Oak trees. He recommends that the trees be removed and the sidewalks, curbs and driveways be repaired. He reported that the project will be done in phases with the areas with the most damage done first. s 08 -03 -10 It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to proceed expeditiously with the rehabilitation of streets and trees in various locations North of Elkins Avenue. AYES: Council Member Segal, Chandler, Kovacic, Harbicht and Amundson NOES: None ABSENT: None City Manager Penman noted that the City will schedule meetings with the home owners to answer questions regarding the street and tree rehabilitation plan including the timing of the project. b. Report, discussion and direction regarding the City Hall Energy Efficiency Retrofit Project. Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the City received an Energy Efficiency Grant in the amount of $534,700 that would be best suited for upgrading City Hall windows and the HVAC system; he explained that the windows are inefficient and the HVAC system needs to be replaced or it will be more problematic in the future; that regardless of the plans for a new City Hall, the existing City Hall will be needed for the next five to ten years; that the building is deficient in fire protection and ADA accessibility; and that the current appearance of the building is not appropriate for the image of Arcadia. Phil Wray, Deputy Development Services Directed explained the City Hall Energy Efficiency Retrofit Project components; he discussed and commented on the HVAC system, windows and sprinkler improvements, ADA and cosmetic improvements. He noted that once the building area above the ceiling is disturbed, other elements must be addressed at the same time; he explained that the total cost for the HVAC system, fire sprinklers and other work is $1,304,700; ADA improvements would cost $30,000 and proposed cosmetic improvements would be $360,000; that the $1,304,700 would include the $534,700 grant money; and discussed the existing Capital Improvement Program budget. Discussion regarding a new City Hall was discussed by the City Council. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to proceed with the City Hall Energy Efficiency Retrofit Project. AYES: Council Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None c. Report, discussion and direction regarding coyotes. Linda Garcia, Communications, Marketing and Special Projects Manager discussed the possible reinstatement of a coyote trapping program in response to complaints received by residents at the July 20 City Council meeting; she provided background information regarding the coyote trapping program initiated in 2005; that Animal Pest Management was retained by the City in 2005 to provided trapping services. She noted that public education is a factor in dealing with wild animals such as coyotes; that the City uses the City Newsletter, the hot Sheet and the City Website to provide residents with tips on what not to do to attract wild animals to their home or neighborhood. 2 52:0122 08 -03 -10 52:0123 Christine Grams appeared and expressed concern regarding coyotes in the gardens area; she provided a chronology of events regarding coyote attacks in her neighborhood and requested that the City Council to take a proactive approach to make sure that residents are safe. Mary Ann Laun appeared and expressed concern regarding the coyotes; she provided a report regarding the incidents involving coyotes in her neighborhood; and further provided results of a study that was done in a period of one week on coyote attacks. Ms. Garcia advised that if the City Council wishes to institute a coyote management trapping program the cost would be $2,500 per every ten -day trapping period or $30,000 annually. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to authorize the City Manager to immediately enter into an agreement with a coyote trapping company in an amount not to exceed $30,000 annually; and bring back an agreement and budget appropriation for formal action at a future City Council meeting. AYES: Council Member Chandler, Kovacic, Harbicht, Segal and Amundson NOES: None ABSENT: None d. Report, discussion and direction regarding City Council term limits. Council Member Harbicht expressed his concerns regarding City Council term limits; and would like the City Council to consider a charter amendment to eliminate City Council term limits. After City Council discussion regarding City Council term limits, it was the consensus that this item be tabled and discussed at a future meeting. 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 Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE - Carolyn Garner - Reagan, Director of Library and Museum Services ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundsonl 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), (b), (c) and (d) on the posted agenda; Mr. Deitsch further reported that regarding item (a) the City Council directed staff to expeditiously proceed with the rehabilitation of streets and trees in various locations North of Elkins Avenue; (b) 3 08 -03 -10 52:0124 the City Council directed staff to proceed with the energy efficiency retrofit project to the existing City Hall; (c) the City Council directed staff to promptly proceed to enter into an agreement with a coyote trapping company; and (d) the City Council tabled the matter of City Council term limits to a future date for discussion. 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 /Agency 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 Mayor's Certificate of Appreciation to James Moxon for producing a documentary about the Arcadia High School Constitution Team. 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Appeal of the Business Permit and License Review Board's decision to uphold the revocation of business license for (fitness & Beauty Spa for noncompliance with the City of Arcadia Massage Therapist and Business License regulations at 133 East Huntington Drive. Recommended Action: Uphold the Revocation and Deny the Appeal Silva Verge!, Business License Officer reported that the business license for 'fitness & Beauty Spa located at 133 East Huntington Drive on May 17, 2010 was revoked at the request of the Arcadia Police Department for non - compliance with the City's Massage Therapist Regulations; that the owner /operator filed an appeal of the revocation on May 25, 2010, which was heard by the Business Permit and License Review Board (the Planning Commission) on June 22, 2010; and that the Business Permit and License Review Board unanimously upheld the revocation. She provided background information regarding the revocation of the business license; she advised that (fitness & Beauty Spa was issued a business license on November 20, 2008 for a day spa offering fitness, skin care and massage services; that the business license was issued for the operation of the day spa business and not for any massage therapists; that 'fitness & Beauty Spa was inspected by City staff on several occasions and reported that multiple violations of the Arcadia Municipal Code were found. Detective Bonomo provided a report regarding violations of the Massage Therapist Regulations that were observed at the location; that each inspection included violations of clothing requirements; required posted notices; maintenance of records of treatment; massage therapist identification card requirements and business license requirements. He explained that massage services are to be incidental and secondary to the main function of the business and should be in compliance with all building, zoning and business license requirements. He explained the responsibility of the business owner to ensure that all of their employees and /or independent contractors have the necessary 4 08 -03 -10 licenses. He further explained that an internet search found advertisements for body massage services, aromatherapy, shiatsu and acupressure at this location. Mayor Amundson opened the public hearing. Frank Hwu appeared to translate for the owner Michelle Ma who explained the purpose of the business; that the business derives most of its income from facials and that only two rooms are used for massage; that the location is designed to be a full service health spa and not a massage parlor. Ms. Ma through her interpreter said that if the revocation is upheld, the family will face a financial hardship and would have to file bankruptcy. 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 uphold the revocation and deny the appeal of business license for [fitness & Beauty Spa for noncompliance with the City of Arcadia Massage Therapist and Business License regulations at 133 East Huntington Drive; and that Quiang Zhao and his employees, agents, partners, directors, officers, controlling stockholders or managers are not permitted to apply for a new business license in the City of Arcadia for a period of one (1) year. AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None b. Consideration of the Resolution No. 6733 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report (LDR) Recommended Action: Adopt Community Development Administrator Jim Kasama reported that every city in the State of California is required to annually submit a Local Development Report (LDR) and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program; and explained the purpose of the Local Development Report. He noted that the Los Angeles County Metropolitan Transportation Authority (MTA) Congestion Management Program (CMP) was developed in response to the passage of Proposition 111 which provides an increase in State Gas Tax to fund regional transportation improvements; that conformance with the CMP assures that local agencies are providing transportation improvements to offset traffic congestion resulting from new development and assures that the city receives it's annual allocation of State Gas Tax funds which for the current reporting period is approximately $302,000. Mayor Amundson opened the public hearing. No one appeared to provide testimony. 52:0125 A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Segal and seeing no further objection, Mayor Amundson declared the public hearing closed. 52:0126 It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6733 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report in accordance with California Government Code Section 65089; and direct the City Clerk to transmit a fully executed copy of Resolution No. 6733 and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2010. AYES: Council Member Segal, Chandler, Harbicht, Kovacic, Amundson NOES: None ABSENT: None PUBLIC COMMENTS In response to a question by a resident regarding the coyote trapping program, City Manager Don Penman reported that the City Council, during Study Session, directed staff to immediately enter into an agreement with a coyote trapping company. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler thanked all the residents who voted to pass the Street Lighting Assessment District. Council Member Segal thanked all the citizens who supported and understood the importance of the Street Lighting Assessment District and explained the substantial effect that it would have had on the City's budget if it was not passed. Mayor Pro Tem Kovacic thanked Mr. Moxon for presenting the City with a copy of the DVD on the documentary produced about the Arcadia High School Constitution Team National Championship; he announced the Foothill Unity Back to School event that will be held at the Santa Anita Race Track and provided information if anyone was interested in volunteering or donating items. Council Member Harbicht commented on the salaries paid to City Council members and explained that Arcadia City Council Members receive $500 per month plus an additional $30 to act as a Redevelopment Agency Board Member; he explained that the California Government Code sets the salary for City Council Members as $500 with City's over 50,000 in population; in addition he noted that no member of Arcadia City Council receives expense reimbursement for mileage or for any other reason other than for official travel. City Clerk Barrows announced the 107th birthday celebration of the City on August 5, 2010 and noted that the Historical Society will be providing birthday cake; he made a personal comment regarding the passing of Mike Daleo. Mayor Amundson announced that at the August 5th summer concert, residents who bring $20 worth of receipts for purchases made in Arcadia will receive a free reusable shopping bag while supplies last; he announced an e-waste round up on August 21, 2010; he announced that the First Marine Division Band will be performing on August 28 and encouraged residents to attend; he also announced that at the summer concert on August 28 the City will present a retirement certificate to KTLA newsman Stan Chambers; he commented on the City Council salaries and noted that the salaries for Arcadia city officials are posted on the City's website; and commented on three upcoming ballot measures in the City of Murrieta which will change the form of government similar to Arcadia. 6 08 -03 -10 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of July 20, 2010. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of July 20, 2010. Recommended Action: Approve 52:0127 c. Authorize the City Manager to execute a Professional Services Agreement with Armstrong and Walker Landscape Architecture for Landscape and Irrigation Plan Checking Services for Fiscal Year 2010 -11 with the option of two (2) one (1) year renewals at the end of the term. Recommended Action: Approve d. Accept a gift in the amount of $28,879.92 from the Arcadia Public Library Foundation for programs and services at the Library. Recommended Action: Approve e. Adopt Resolution No. 6735 authorizing the return of the funds given up by management and unrepresented employees to assist with balancing the Fiscal Year 2009 -10 budget. Recommended Action: Adopt It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Harbicht and carried on roll call vote to approve Consent Calendar items 2.a through 2.e. AYES: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None Council Member Kovacic expressed his appreciation to the Arcadia Public Library Foundation for the donation of $28,879.92 to the Library for programs and services. Council Member Harbicht provided a brief summary on the establishment of the Arcadia Public Library Foundation. 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Upon successful balloting results, order the formation of the Arcadia Citywide Lighting Assessment District No. 1 for Fiscal Year 2010 -2011 by adopting the following Resolutions: Adopt Resolution No. 6736 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the formation of the Arcadia Citywide Lighting District No. 1 commencing in Fiscal Year 2010 -2011. Recommended Action: Adopt 7 08 -03 -10 Tom Tait, Public Works Services Director reported that at its meeting on July 20, 2010, the City Council conducted a Public Hearing to consider all majority protests and closed the public hearing for the Citywide Street Lighting Assessment District; he noted that a total of 5,492 valid ballots were received; 3,639 ballots or 60.83% voted "Yes" with a total weighted assessment of $96,774.38 and 1,853 ballots or 39.17% voted "No" with a total weighted assessment of $62,324.31; that the "Yes" votes exceeded the "No" votes by a total weighted assessment of $34,450.07; and explained that according to the Landscaping and Lighting Act of 1972, in order for a ballot measure to pass, the total amount of "Yes" ballot assessments must be equal to or exceed the total amount of "No" ballot assessments. Adopt Resolution No. 6737 confirming the Engineer's Report for the formation of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2010- 2011. Recommended Action: Adopt The Council Members congratulated staff on a job well done. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Kovacic and carried on roll call vote to adopt Resolution No. 6736 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the formation of the Arcadia Citywide Lighting District No. 1 commencing in Fiscal Year 2010 -2011; and adopt Resolution No. 6737 confirming the Engineer's Report for the formation of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2010 -2011. AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None ADJOURNMENT The City Council /Redevelopment Agency adjourned at 8:40 p.m. in memory of Mike Daleo, Arcadia Police Reserve Officer and Crime Analyst and Bob Daggett, former Planning Commissioner to Tuesday, August 17, 2010, 6:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. ATTEST: mes H. Barrows, City Clerk 8 eter Amundson, Mayor 52:0128 08 -03 -10