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HomeMy WebLinkAboutSeptember 7, 2010CALL TO ORDER Mayor Amundson called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Kovacic, Segal and Amundson ABSENT: Council /Agency Member Harbicht It was moved by Council /Agency Member Chandler seconded by Council /Agency Member Segal to excuse Council /Agency Member Harbicht. CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 7, 2010 52:0137 a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation: One (1) case 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 [Related Case: BC 4190381) c. 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 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. d. 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) 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 John Payton, Point Loma Nazarene University PLEDGE OF ALLEGIANCE — Administrative Services Director Hue Quach 1 09 -07 -10 ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM 52:0138 PRESENT: Council /Agency Member Chandler, Segal, Kovacic and Amundson ABSENT: Council /Agency Member Harbicht It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal to excuse Council /Agency Member Harbicht. City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in Closed Session to consider the four (4) items listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Assistant City Manager /Development Services Director Jason Kruckeberg announced page 2 that was missing from City Manager Item 3.b regarding the Church in Arcadia was circulated to each Council Member and also a handout from the Upper San Gabriel Valley Municipal Water District regarding the "Upper District" and Your Water Reliability that will be discussed under presentations. 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 Certificate to Mr. Hoiman "Rob" Chan for his heroic efforts. b. Presentation by Charles M. Trevino of the Upper San Gabriel Valley Municipal Water District on 'Water Supply in the San Gabriel Valley ". 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Resolution No. 6740 establishing Plan Check and Permit Fees for the implementation of Water Efficiency Landscaping. Recommended Action: Adopt Jim Kasama, Community Development Administrator reported that the proposed fee resolution is being administered in compliance with the water efficient landscaping ordinance adopted by the City Council in December 2009 to implement the State of California's requirements for water conservation enacted by Assembly Bill 1881; he noted that the ordinance applies to residential owner /builder projects that involve 5,000 square feet or more of new landscaping and to any other type of project that involves 2,500 square feet or more of new or rehabilitated landscaping for commercial or developer installed residential projects; that a Water Efficient Landscaping 2 09 -07 -10 Documentation Package and Guidelines was created and will be distributed to design review applicants whose proposals appear to meet the thresholds of Ordinance No. 2267; that in order to insure compliance with the ordinance, the City retained the services of Armstrong & Walker, an experienced licensed landscape architecture firm, which the City Council approved at its meeting of August 3, 2010, to assist with the plan checking and inspections of those projects; he explained the proposed plan check and inspection fees and noted that the proposed fees recover the City's costs for staff or the consultant to perform the plan checks and inspections of water efficient landscape projects and recommends adoption of Resolution No. 6740 establishing plan check and permit fees for the implementation of Water Efficiency Landscaping. 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 Kovacic and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to adopt Resolution No. 6740 establishing Plan Check and Permit Fees for Water Efficient Landscaping Plan Checks, Permits and Inspections. AYES: Council Member Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: Council Member Harbicht PUBLIC COMMENTS 52:0139 With the consensus of the City Council, Mayor Amundson announced a three (3) minute time limit for comments. In response to an inquiry by Council Member Kovacic regarding what Council Members can or cannot do relating to items that are not on the agenda, City Attorney Deitsch responded that the Ralph M. Brown Act limits the ability to have a discussion regarding any item not listed on the posted agenda; he further advised that if an item comes up during the public comment period that is not listed on the posted agenda, the City Council may consider such an item at a future City Council meeting; that Council Members can comment on comments made during the public comment period under reports from City Council Members or have staff provide a quick explanation on any topic that may be raised by the public. Beth Costanza, Executive Director of the Arcadia Chamber of Commerce appeared and announced the Taste of Arcadia on September 20 and invited everyone to attend. Barbarina Zwicky of Arcadia appeared on behalf of her son Christian Zwicky, who could not attend, to discuss the feral cat population in Arcadia; she noted that the feline cat population in Arcadia is explosive and burdensome and requests consideration of an ordinance that would hold pet owners as well as property owners responsible for the homeless felines in Arcadia and an ordinance mandating the spaying and neutering of all felines. Barb Western of Los Angeles appeared and discussed her opposition to euthanizing the coyotes and feels that there is a better way to eliminating the problem. 3 09 -07 -10 52:0140 Bonnie Barron of Arcadia appeared to discuss the trapping of coyotes; she feels that there should have been more public input; that education is the key to alternative methods to killing coyotes; she requested the item be agendized for further discussion at the next City Council meeting; and requested an immediate moratorium on the snaring and torture of coyotes. Randal Massaro of Victorville appeared and commented on spending tax payer money to kill and trap wildlife; and distributed information on organizations that can assist the City in alternative methods to killing wildlife. Bee Simpson of South Pasadena appeared and thanked the City Council for the information on the City's website to inform the public about the coyotes; she noted that residents are instructed to contact Animal Pest Management Company directly and expressed concern that the City will not know how many and the types of complaints are being received; she commented on residents feedings feral cats; she suggested an ordinance be adopted prohibiting the feeding of coyotes and feral cats; and noted that the staff report of August 3 mentions no attacks only complaints of roaming coyotes; she discussed precautions residents should take and feels that further follow up and investigation of complaints should be taken prior to snares being placed to trap coyotes and suggested other alternatives. Ed Simpson of South Pasadena appeared and showed a photograph of a coyote in a snare and feels the snares are indiscriminate and discussed alternatives methods; he feels that it is a waste of taxpayer money to pay for a program that is inhumane; and suggested that other surrounding cities be invited to attend the October 18 community educational meeting. Susan Meikle of Arcadia appeared and explained that for the past 30 years she has taken precautions so that the coyotes are not attracted to her yard, but noted that the coyotes still return to her property; she reported that recently a coyote attacked her 6 month old Cocker Spaniel puppy and that 2 weeks prior attacked and killed her neighbors Chihuahua; and thanked the City Council for spending the $30,000 to trap the coyotes. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler confirmed that money the City Council spends is taxpayer money and comes from the residents of Arcadia including City Council Members who are residents. Council Member Segal stated that he received an anonymous letter from someone in Monrovia regarding shopping cart blight in Arcadia; and noted that he does not respond to anonymous letters; and that he had not been made aware of any shopping cart blight in Arcadia. Regarding coyotes, he noted that education may be the best tool; he explained that when he saw the pictures at the August 3, he was not prepared to risk his child or grandchild for education; he encouraged education but noted that something needed to be done at that time and stands behind the decision made by the City Council. Mayor Pro Tem Kovacic thanked all the speakers; he commented on the difficult situation regarding the trapping of coyotes and agreed with Mr. Segal that education will be the ultimate solution; he encouraged residents to attend the October 18 community educational meeting; and noted the suggestion to adopt an ordinance to prohibit the feeding of coyotes was a great idea. He wished Mr. Segal and all Jewish residents a Happy New Year. In response to an inquiry by Mr. Penman, Linda Garcia, Special Projects Manager responded that there is an ordinance prohibiting the feeding of any wildlife on public property not private property; and noted that it is hard to prohibit people from feeding them on private property. 4 09 -07 -10 Also, in response to an earlier comment by Council Member Segal regarding shopping carts, Mr. Penman noted that there is a shopping cart hotline that residents can call if an abandon shopping cart is seen in town. City Clerk Barrows also noted that while on patrol, police volunteers take note of abandon shopping carts and turns that in to the supervisor; and noted that on his own time if he is driving around town and sees a shopping cart, he does call it in. Mayor Amundson announced that there is an Action Emergency Preparedness and Crime Prevention Workshop on October 9 at the Library; he expressed his disappointment of the attendance at some of the City sponsored workshops and encouraged residents to attend; he also invited residents to attend the October 18 community educational meeting in the Council Chambers at 6:30 p.m. to discuss wildlife in Arcadia; he commented on the City Council's decision to spend $30,000 to trap coyotes; he quoted an e-mail he received that said "we lost our animal, I am not going to lose my child, please do something "; he stated that this hit home for him and noted that he cares about the wildlife however something had to be done to protect the residents. Mr. Penman announced that the meeting on October 18 is a community educational workshop, not a public hearing or forum, and is being coordinated by the Police Department; that different organizations will be available to answer questions and hand out informational material regarding wildlife; and he encouraged residents to attend. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: b. Approve the Regular Meeting Minutes of August 3 and August 17, 2010. Recommended Action: Approve CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of August 3 and August 17, 2010. Recommended Action: Approve 5 52:0141 a. Authorize the City Manager to execute a one (1) year extension to the Professional Services Agreement between the City of Arcadia and Joe A Gonsalves and Son for State Legislative Advocacy Services in the amount of $36,000. Recommended Action: Approve d. Authorize the City Manager to execute a Professional Services Agreement with Woods Maintenance Services, Inc. dba Graffiti Control Systems for Graffiti Removal Services in an amount not to exceed $60,000. Recommended Action: Approve e. Authorize the City Manager to execute a one (1) year contract extension with Republic ITS for extraordinary maintenance services of Traffic Signals in the amount of $47,965. Recommended Action: Approve 09 -07 -10 52:0142 f. Accept all work performed by Insituform Technologies, Inc. for the Sewer Relining Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve g. Authorize the Environmental Services Officer Position in the Fiscal Year 2010 -11 Operating Budget for the Public Works Services Department. Recommended Action: Approve h. Authorize the City Manager to execute a one (1) year extension to the Professional Services Agreement between the City of Arcadia and Joe A Gonsalves and Son for State Legislative Advocacy Services in the amount of $36,000. Recommended Action: Approve Authorize the City Manager to execute a contract with Hardy & Harper in the amount of $292,000 for the Street Rehabilitation of Duarte Road between El Monte Avenue and Santa Anita Avenue and a 300 -foot segment at the West City limit and authorize a 10% contingency. Recommended Action: Approve j. Award a purchase order to Brock International for the purchase of Underlayment Matting and Drainage System for the Civic Center Athletic Field in the amount of $181,454. Recommended Action: Approve k. Award a Purchase Order to Fieldturf USA, Inc. for the purchase of synthetic turf for the Civic Center Athletic Field in the amount of $382,785. Recommended Action: Approve It was moved by Council Member Segal, seconded by Council Member Kovacic and carried on roll call vote to approve Consent Calendar items 2.a through 2.k. In response to a question regarding approval of City Council minutes if a Council Member is absent, City Attorney Deitsch advised that Roberts Rule of Order states that a Council Member may vote on the approval of minutes even if they were not in attendance. AYES: Council /Agency Member Segal, Kovacic, Chandler and Amundson NOES: None ABSENT: Council /Agency Member Harbicht 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Authorize a Contract Change Order to WLC Architects Inc. for the design and development of the City Hall Energy Efficiency Retrofit Project in the amount of $62,000. Recommended Action: Approve Tom Tait, Public Works Services Director reported that in August 2009, the Department of Energy approved the City's Energy Efficiency Conservation Block Grant application and awarded the City $534,700; that on January 19, 2010, the City Council awarded a contract to WLC Architects for the design and development of plans for the City Hall Energy Retrofit Project 6 09 -07 -10 52:0143 in the amount of $42,145; and that the project involves the replacement of the inefficient HVAC system at City Hall and the replacement of windows at both upper and lower City Hall buildings. Mr. Tait explained that as the design phase of the project progressed, additional code compliance work needed to be done; that at the study session meeting of August 3, 2010, the City Council directed staff to move forward with the City Hall Retrofit project including the additional work to City Hall in order to meet code compliance standards; he noted the additional work includes asbestos and lead removal, installation of a fire suppression system, installation of t -bar ceiling and the installation of ADA counters in the amount of $62,000. He advised that the total estimate for the total scope of work is approximately $1.27 million which includes the WLC change order of $62,000 for a total cost of design and development of $104,000. He noted that the additional costs are well within industry standards and recommends approval of the contract change order for the additional work of the City Hall Retrofit project in the amount of $62,000. It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to authorize a Contract Change Order to WLC Architects Inc. for the design and development of the City Hall Energy Efficiency Retrofit Project in the amount of $62,000. AYES: Council Member Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: Council Member Harbicht b. Report, discussion and direction regarding request from the Church in Arcadia to extend financial assistance from the Arcadia Redevelopment Agency to the Church for the leasing of office and meeting hall facilities. Recommended Action: Provide Direction Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the Redevelopment Agency approved a Purchase and Sale Agreement with the Church in Arcadia to purchase its property at 21 Morlan Place in 2008 and as part of that transaction a site at 630 West Live Oak Avenue for a new church building was provided; that the sale agreement included a provision for paying the Church up to $2,000 per month for 18 months; that the amount was doubled to $4,000 per month by the Redevelopment Agency on January 20, 2009 to lease space for meetings at Dana Middle School and office space at 43 East Huntington Drive; that the 18 month period expired in July 2010 and the Church in Arcadia is now requesting an extension of the Agency's assistance for another 12 month period through July 2011. He noted that during that 18 month period, the Church was working with the City to submit plans for their new church building; that there were several delays in the process and final plans were submitted for a building permit on July 29, 2010. He discussed an August 2, 2010 letter from the attorney for the Church, Wendy Doo requesting a 12 month extension to the City's 18 month reimbursement period; and he discussed comments made by the architect why the project was delayed. Mr. Kruckeberg advised that the 12 month extension would require a $48,000 appropriation from the Agency's unprogrammed reserves. Wendy Doo, Attorney for the Church in Arcadia, thanked the City for its years of courtesy and generosity; she also thanked Mr. Kruckeberg and commented on the unforeseen circumstances and mishaps that have delayed the planning and development of the building of a new Church; she noted that without a new location and the prospect of losing support from the City, the Church fears that it may have no reliable gathering place to continue serving the residents and assist with youth groups; and requested the City's assistance in granting an extension of the lease paid for by the City for 12 additional months to allow the Church to continue serving the community until the new Church is completed. 7 09 -07 -10 Council Member Segal noted that in September 2008 the City paid the Church $3.6 million and in the last 2 years, earned approximately $144,000 in interest; that the City paid them $2,000 per month for 18 month as part of the sale and then doubled that amount to $4,000 per month since January 2009. Mr. Segal does not feel in good conscience the City can fund 12 additional months because of delays that were not in the City's control; and that the Church had $3.6 million and additional revenue from interest earned to work with. It was moved by Council Member Segal, seconded by Council Member Kovacic and carried on roll call vote to authorize six (6) additional months of $4,000 per month to the Church in Arcadia for leasing of office and meeting hall facilities. AYES: Council Member Segal, Kovacic, Chandler and Amundson NOES: None ABSENT: Council Member Harbicht ADJOURNMENT The City Council /Redevelopment Agency adjourned at 8:50 p.m. to Tuesday, September 21, 2010, 5:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. ATTEST: James H. Barrows, City Clerk 8 52:0144 eter Amundson, Mayor 09 -07 -10