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CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, AUGUST 3, 2010
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.
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 ADpeal Case No B212865)
STUDY SESSION
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.
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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.
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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 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), (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)
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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.
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 Ifitness & 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 Vergel, Business License Officer reported that the business license for Ifitness & 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 Ifitness &
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 Ifitness & 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
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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 Ifitness & 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.
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.
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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,
NOES:
None
ABSENT:
None
PUBLIC COMMENTS
Chandler, Harbicht, Kovacic, Amundson
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 Tern 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 a -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.
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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
C. Authorize the Citv 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 propertv 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
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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
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.
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.
C etKermundson, Mayor
ATTEST:
mes H. Barrows, City Clerk
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