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HomeMy WebLinkAboutSeptember 21, 2010 52:0145 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 21, 2010 CALL TO ORDER Mayor Amundson called the meeting to order at 5:30 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) STUDY SESSION Art Del Rey, an Arcadia resident appeared and discussed structural improvements in the public right -of -way because he would like to build a decorative wall in the public right -of -way of his property and hoped the City Council would allow encroachments so that he can proceed with his project. a. Report, discussion and direction regarding policy on private property owner structural improvements in the public right -of -way. Phil Wray, Deputy Development Services Director /City Engineer explained that the City's policy regarding the use of the public parkway includes the paved streets and parkways outside of the streets; he reported that parkways vary in width but are on average 10 to 12 feet wide and used for City facilities like sidewalks, street lights, traffic signals, traffic signs, hydrants and public utilities above and below ground; that construction within the public parkways is governed by an encroachment permit process and is limited to public access, pedestrian and utility purposes. He noted that that the City does not allow non - public vertical encroachments such as walls, planters or pilasters in the public parkway because of potential conflicts with the parkway's intended use but does allow some horizontal encroachments such as walkways or hardscape under certain conditions. He explained that non - public encroachments in the parkway can be separated into two categories, vertical encroachments in the parkway are for decorative wall, fences, planters and pilasters; and horizontal encroachments are driveway approaches, sidewalks and landings. He presented photographs of some permitted and non - permitted encroachments that have been in place for some time with the City's knowledge under a previous policy or without the City's knowledge. At the request of Mayor Pro Tem Kovacic, he explained the definition and purpose of the public right -of -way. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Segal and carried on roll call vote to have staff come back with the development standards as recommended by staff to allow structural improvements in the public right -of -way. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 09 -21 -10 1 52:0146 b. Report, discussion and direction regarding regulations and enforcement procedures for temporary banners and window signs. Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the issue of temporary banners and window signs has been raised on numerous occasions at City Council meetings; he reported that temporary banners and window signs are handled separate from permanent signage; and that most of the complaints received are regarding temporary signs; and noted that the staff report includes the regulations for temporary banners, window signs and enforcement procedures. Jim Kasama, Community Development Administrator discussed temporary banners and window sign regulations including enforcement procedures; he noted that the most recent change to the temporary banner regulations is the number of days a new business can display a temporary banner if that business had not yet installed a permanent sign or if the building or business was undergoing a significant remodel and needed the permanent sign removed; he noted that staff felt that allowing a temporary banner for this purpose seemed fair so that time is not taken away from that business for promotional events or activities; and noted that window sign regulations have not changed in years. Mr. Kruckeberg commented on window sign regulations; he noted that other than painted window signs, no signs are permitted to be located within 24" of the outside surface of the glazed area; and the signs must comply with the maximum 1/3 non -Roman alphabet limit; and explained the enforcement process. Mayor Pro Tem Kovacic proposed that he would like to see the 1/3 non Roman alphabet limit on banners; place the approved date stamp on the front of banner with a 2 week time limit and an immediate citation issued for illegal signs. After a lengthy discussion, the City Council unanimously agreed to forward to the Chamber of Commerce and the Chinese Business Association, Mayor Pro Tem Kovacic's proposal regarding banners and signs; and request that they provide comments back to the City Council in 60 days. The Study Session adjourned at 6:40 p.m. to Closed Session. CLOSED SESSION a. 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 Organization: Arcadia Police Civilian Employees Association. b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation: One (1) case 09 -21 -10 2 52:0147 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 — Rabbi Alan Lachtman, Temple Beth David PLEDGE OF ALLEGIANCE — Boy Scout Troop 104 from Holy Angels Elementary School and Pack 128 from Holly Avenue Elementary School 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) and (b) on the posted agenda; regarding private property owner structural improvements in the public right -of -way, the City Council directed staff to bring back proposed development standards for further discussion and consideration; and regarding regulations and enforcement procedures for temporary banners and window signs, the City Council directed staff to forward to the Chamber of Commerce and Chinese Business Association, the City Council's suggestions regarding banner and signs and allow them sixty (60) days to provide comments back to the City Council. 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 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 Certificates to Arcadia Girls Softball Teams. PUBLIC COMMENTS - With the consensus of the City Council, the Mayor announced a 3 minute time limit per person. Kerri Kiyomura, Hugo Reid Elementary School PTSA President appeared and provided a brief update on events and activities at Hugo Reid Elementary School; and presented the City Council with water bottles from their disaster preparedness event. 09 -21 -10 3 52:0148 Stella Ross, an Arcadia resident appeared and commented on issues relating to her homeowner association; she complained that the association will not provide her with financial reports as required by law and feels that it is an Arcadia matter. City Attorney Deitsch advised Ms. Ross that her matter is not within the jurisdiction of the City; that she may want to contact a private attorney, legal aid, consumer affairs or file a small claims action to compel the disclosure of the records. Mr. Deitsch invited Ms. Ross to contact his office at City Hall to schedule a meeting with him during office hours on Tuesday, October 5th Laura Ashmore appeared on behalf of her grandparents, Robert and Joanne Wayne, who are Arcadia residents; she noted that her grandparents are not in favor of their tax dollars being used to kill coyotes; that killing coyotes has proven to be inhumane, ineffective and expensive and that the money would be better spent on the youth of Arcadia. Jane Josenhans, an Arcadia resident appeared and expressed her opposition regarding the inhumane way Arcadia is killing coyotes; and commented on the importance of education. Michele Graeler appeared and expressed her opposition regarding the killing of coyotes but agrees that there is a coyote problem in Arcadia and feels that the City has taken the right steps to tackle the situation; she noted that they lost their Boston Terrier 4 weeks ago to a coyote attack; and feels that once residents become more educated she hopes the trapping program will cease. Bob Garrett appeared and noted that the High School Constitution Team has been taught that the first and most fundamental responsibility of government is to protect its citizens; he feels that Arcadia residents are at risk; that he would like to see his granddaughter play in his yard just like his children did; he explained that it is the City Council's primary responsibility to protect his family as well as other members of the Arcadia community. Suzanne Tauer, an Arcadia resident, appeared and thanked the City Council for taking action to maintain safety and to protect pets and young children from the recent attacks of coyotes prowling through Arcadia; she explained that since June her family has encountered numerous incidents with coyotes; she noted that when she called the number given on the City's website to report sightings or encounters with coyotes, there was no answer. She feels that the coyote population needs to be controlled for the safety of pets and small children and appreciates the City's action to ensure the safety of its residents. Bee Simpson of South Pasadena appeared and commented on trapped animals; she noted that residents are feeding coyotes and feral cats and explained that a woman is feeding skunks. Ms. Simpson reported that in the past 2 months, Arcadia has killed 11 coyotes; and commented on the importance of an ordinance prohibiting the feeding of coyotes and feral cats. James Erganian, an Arcadia resident appeared and commented on the coyote issue; he noted that when he first moved to Arcadia a year and a half ago, his dog was attacked by a coyote; he did not feel that trapping and killing coyotes is the way to solve the problem; that education is the key; and feels that alternative methods should be considered before killing coyotes. Bonnie Barron of Sierra Madre, speaking on behalf of her mother who is an Arcadia resident commented on the importance of education; she discussed trash containers with locks; she noted the different organizations that are willing to provide education to the City at no cost and 09 -21 -10 4 52:0149 expressed disappointment that the October 18 public education meeting regarding coyotes was cancelled; and requested the matter be placed on the City Council agenda. Gene Girros, an Arcadia resident commented on how important animals are to certain individuals; she noted areas where coyotes are seen; she explained that she had lost a cat to a coyote; that animals are children to some people; that she does not allow her animals outside alone in the backyard and appreciates what the City is doing to protect its citizens. Maura Kamenti appeared and explained that recently their family dog was killed by a coyote; that her son is afraid to play outside because of the coyotes; and thanked the City Council for instituting the coyote program. Tom Shriver, Senior Pastor of Emmanuel Church appeared and discussed the City's recent denial of a business license for Uncle Buck's pumpkin patch and Christmas tree lot sales; he explained that Uncle Buck has been operating for the past 5 years; and that due to the zoning in that area including a complaint received by the City, the business license was denied. Mr. Shriver noted that after further investigation, he learned that the complaint was received due to a construction company that rented the property; that after a survey of the neighbors in the area, residents did not have a problem with the pumpkin and Christmas tree sales; and requested that the City Council consider action to allow the pumpkin patch and Christmas tree lot. Mr. Penman reported that he spoke to Mr. Shriver and explained that his request would require a text amendment because that type of use was not permitted in a residential zone; that if the City Council requested a text amendment, staff could complete it in time for the Christmas tree sales. Mr. Penman explained to the City Council that for the past 5 years, the City mistakenly granted permits for this location. Council Member Harbicht requested staff to prepare the appropriate text amendment for City Council consideration. Mayor Amundson and Mayor Pro Tem Kovacic agreed. Richard Tauer, an Arcadia resident appeared and commented on the number of coyotes wondering around Arcadia; he thanked the City Council for the safety of his grandson, his dog and cat and his neighbors and for taking action to safeguard the citizens; he noted that he has called Pest Management on 3 separate occasions and there is no answer; he encouraged the need for education; and commented on the non - residents who speak about the coyote issue in Arcadia. John McDonnell, an Arcadia resident thanked the City Council for the job they do; he commented on the coyotes he has seen near his neighborhood; he thanked the City Council for protecting its residents, children and pets; and commented on the bike lane on Santa Anita; and encouraged the City Council to approve the pumpkin patch and Christmas tree lot. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Segal had no comments. Council Member Chandler had no comments. Council Member Harbicht commented on the coyote issue; he announced that if anyone is interested in joining the Boy Scouts there will be a meeting on Wednesday, October 13 at 7:30 p.m. at the Church of the Good Shepherd; he complimented the landscaping at the Baldwin and 09 -21 -10 5 52:0150 Colorado off ramp and commended the Water and Public Works Services staff for the great work done. Mr. Harbicht noted that in the last 20 years, every public building has been replaced except for the City Hall building; that architectural renderings have been completed but because of the economy, the project has been put on hold; he feels that it is a mistake; he commented on the recession and noted that construction bids are coming in far less than estimated; he requested that the City Council join him in asking staff for a brief description of where the City is in the City Hall planning process and what would be required to put this before the voters; he feels that it will cost a lot more money if the City waits; that the citizens have a certain pride in the community and would like to give residents an opportunity to vote on it. Council Member Segal commented that before the City Council considers a new City Hall, he would like to see a financial projection. Council Member Kovacic indicated that he would support Mr. Harbicht's motion, but also feels that a financial projection should first be considered. Council Member Chandler indicated that he is in favor of building a new City Hall, but is not in favor of a bond issue at this time. Mayor Amundson agrees that the City needs a new City Hall, but would also like to see a financial plan. Mayor Pro Tem Kovacic thanked all the speakers; he noted the importance of education regarding the coyote issue and commented on some of the questions raised by Ms. Barron that staff will follow up on; he thanked the representative from Hugo Reid Elementary School PTSA for the report; and congratulated the Chamber on a successful Taste of Arcadia event. mud City Clerk Barrows noted that he had received complaints from residents on Camino Real regarding pot holes in the street between Holly and Santa Anita; and thanked Public Works Services Director Tom Tait and staff for the repairs made and making the streets safer; and thanked the Boy Scouts and leaders for their presentation of colors. Mayor Amundson announced that he also attended the Taste of Arcadia event and feels that there should be more events like that in the City; he also announced his attendance at the League of California Cities last week and noted that it was very educational and informative; he commented on the self locking bear proof trash containers that Waste Management displayed at the conference; and commented on the article regarding the coyote issue in the San Marino Tribune. Mayor Amundson noted that Mr. Penman's contract is coming up for renewal and would like to recommend that Council Member Harbicht and Council Member Segal meet with Mr. Penman in hopes of negotiating a new contract and bring it back for City Council consideration. Council Member Chandler and Mayor Pro Tem Kovacic agreed with Mayor Amundson recommendation. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Special Meeting Minutes of August 31, 2010 and the Regular Meeting Minutes of September 7, 2010. Recommended Action: Approve 09 -21 -10 6 52:0151 CITY COUNCIL ITEMS: b. Approve the Special Meeting Minutes of August 31, 2010 and the Regular Meeting Minutes of September 7, 2010. Recommended Action: Approve c. Adopt Resolution No. 6739 approving the application for grant funds for the Sustainable Communities Planning Grant and Incentive Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for Zoning Ordinance Update. Recommended Action: Adopt d. Adopt Resolution No. 6743 establishing compensation and related benefits for employees represented by the Arcadia City Employees Association (ACEA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt e. Adopt Resolution No. 6744 establishing compensation and related benefits for employees represented by the Arcadia Firefighters' Association (AFFA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt f. Adopt Resolution No. 6745 establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association (APWEA) for July 1, 2010 through June 30, 2011. Recommended Action: Adopt g. Adopt Resolution No. 6746 establishing compensation and related benefits for Executive, Management and Unrepresented Confidential employees. Recommended Action: Adopt h. Authorize the City Manager to execute an Agreement with EBSCO Information Services for subscription services for a period of three (3) years with an option to renew for a maximum of three (3) one (1) year terms. Recommended Action: Approve Waive the formal bid process and approve the purchase of radios and accessories for the Police Department from Motorola utilizing the County of San Diego, Regional Communications System contract in the amount of $142,303. Recommended Action: Approve j. Approve the purchase of computer equipment and related peripherals in accordance with the City's Computer Replacement Program. Recommended Action: Approve k. Approve to proceed with the design and development plans to renovate the snack bar and restrooms at the Civic Center Athletic Field. Recommended Action: Approve r. 09 -21 -10 7 52:0152 It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal and carried on roll call vote to approve Consent Calendar items 1.a through 1.k. AYES: Council /Agency Member Chandler, Segal, Harbicht, Kovacic and Amundson NOES: None ABSENT: None ABSTAIN: Council Member Harbicht (Items a and b) 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Relocation Plan for the tenants at 16 Campus Drive to facilitate the Campus Commons Affordable Housing protect. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that there are 7 apartments located at 16 Campus Drive; he explained that one of the responsibilities of the developer is to relocate the tenants in conformance with relocation rules that apply to the Redevelopment Agency; that in order to relocate the tenants, a Relocation Plan must be approved by the Agency; that the goal of the Plan is to find each tenant a suitable place to move that is equal to or better than their apartment at 16 Campus Drive at a rent they can afford; he noted that the developer hired an experienced relocation consultant to handle the relocation process; that the consultant has already meet with each tenant in order to obtain information about their needs and has been included in the Relocation Plan. Mr. Schwartz advised that if the new location is more expensive than their current apartment, the law requires that they may be eligible for a payment up to 42 months for the difference in rent; and that the tenants received written notification at least 30 days before this meeting that the Relocation Plan has been prepared and considered by the Agency. He reported that once the Plan is approved by the Agency, the consultant will provide the tenants with a letter notifying them of a 90 day period for relocation and three locations for their consideration. In response to a question by Mayor Pro Tem Kovacic regarding the relocation process, Elizabeth Hull of Best Best & Krieger explained that as the site is acquired and the units are vacated, the Agency will enter into settlement agreements with the individuals who are leaving; she explained that the units will not be re- rented because it would increase the project cost; and that in the Purchase and Sale Agreement between the developer and the seller of the land there would be a provision that would prohibit additional renting. Mayor Amundson provided an opportunity for any tenants present to speak on the matter. No one appeared. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to approve a Relocation Plan for the tenants at 16 Campus Drive to facilitate the Campus Commons Affordable Housing project. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic, and Amundson NOES: None ABSENT: None 09 -21 -10 8 52:0153 b. Adopt Resolution No. ARA -238 approving the Owner Participation Agreement between the Redevelopment Agency of the City of Arcadia and Arcadia Commons LLP for the Campus Commons Affordable Housing Project. Recommended Action: Adopt Jerry Schwartz, explained that an Owner Participation Agreement is a common document that is utilized when the Redevelopment Agency is not a property owner and the developer needs financial assistance; that at the Study Session on July 6, 2010, the Agency conceptually approved providing the developers of the Campus Commons project a long term loan of up to $6.9 million; that Redevelopment Law includes rules requiring the use of Agency low /mod funds based on the proportion of lower income residents to the overall city population; he noted that the Agency cannot invest all of the $6.9 million up front; that the most that can currently be loaned to the project is $3,544,435 with the remaining $3,335,565 to be loaned to the project in 2015; he explained that because the developers will need the remaining Agency money before 2015 and that since the Agency cannot legally loan those funds until 2015, the developer is working with their bank to arrange a "bridge" loan that would provide funds when needed; that the "bridge" loan would be repaid by the Agency in 2015 when it is legally permitted including any interest on the loan and any fees from the lender; he discussed and explained the details of the OPA and the next steps for the project; and noted that construction should begin late 2010 or 2011 depending on relocating the tenants and the demolition of the existing building and the issuance of a building permit. In response to Council Member Segal's inquiry regarding liability concerns raised at the July 6th Study Session, Elizabeth Hull of Best Best & Krieger discussed the financing due to the gap issue and noted that the developer has considered a more traditional financing and most if not all of the issues have been resolved; she commented on the money being funded before 2015, the delayed fee options which was causing some concern has been resolved since they are not eligible under the tax credit; she noted that the developer fee was deferred which was consistent with their tax credit but has since been resolved. She noted that there are certain funds available now and will be dispersed once all conditions are met; and explained that the developer will get their own bridge loan to cover that gap between 2012 and 2015. In response to a question raised by Council Member Segal, Elizabeth Hull responded that the developer must have all their funding in place prior to funds being released; that the developer is working with a commercial lender for additional funds during the gap period; and that if the developer does not have all their funding in place no monies will be released. In response to a question raised by Mayor Pro Tem Kovacic regarding a lottery system for Arcadia residents, Mr. Kruckeberg responded that it can be done if that is the City Council's direction. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to adopt Resolution No. ARA -238 approving the Owner Participation Agreement between the Redevelopment Agency of the City of Arcadia and Arcadia Commons LLP for the Campus Commons Affordable Housing Project. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson NOES: None ABSENT: None 09 -21 -10 9 52:0154 c. Report, discussion and direction regarding recent decisions by the California Horse Racing Board regarding the Oak Tree Racing Association and related issues at Santa Anita Race Track. Recommended Action: Provide Direction. Jason Kruckeberg reported that on August 19, 2010 the California Horse Racing Board denied an application by Oak Tree Racing Association to run the Oak Tree racing meet at Santa Anita Park; he discussed the 41 year history of the Oak Tree meet in Arcadia; that Oak Tree Racing will be held at Hollywood Park in 2010 with future years being held either at Hollywood Park or Del Mar; he noted that local Arcadia organizations that benefit from Oak Tree grants; and noted that in March 2009 the owner of Santa Anita Race Track declared bankruptcy and formed a new entity headed by Stronach, MI Developments (MID) in April 2010 and voided existing leases with Oak Tree Racing Association and Caruso Affiliated. Mr. Kruckeberg commented on the City Council's letter to Mr. Stronach outlining the City's concerns; that the loss of Oak Tree in 2010 will lead to a direct loss to the City of approximately $185,000 for share of on -track handle including revenue from concessions; and that other sales may equate to another $20,000 or $30,000. Mr. Kruckeberg further noted that the City remains committed to horse racing and understands that some development is needed to keep the racing operations solvent; that the General Plan is clear that horse racing should remain on the majority of the site with the southern 85 acres devoted to commercial entertainment; that MID has committed to spending more than $6 million to install a new dirt surface at the track; he did note that the owners of Hollywood Park have an approved project to redevelop the Inglewood site holding the rest of the industry in a state of limbo by not moving forward with the project due to the poor economy. He recommended that the draft letter included in the agenda packet be sent to the CHRB outlining the City's concerns and requesting future racing at Santa Anita Park. After discussion, the City Council agreed that the letter prepared by staff to the California Horse Racing Board should be a little stronger and also a copy should be forwarded to the Governor since he makes the appointments to that Board. d. Appointment of a Delegate to the San Gabriel Valley Mosquito and Vector Control District Board of Trustees. Recommended Action: Appoint a Delegate City Manager Don Penman reported that Council Member Chandler has been the City's representative on the San Gabriel Valley Mosquito and Vector Control District Board of Trustees since 2001; that his term ends December 31, 2010 and requires the appointment by the City Council of a delegate to the Board to serve for the next four years. It was moved by Council Member Harbicht, seconded by Council Member Kovacic and carried on roll call vote to appoint Council Member Chandler as the Delegate to the San Gabriel Valley Mosquito and Vector Control District Board of Trustees for a term of four (4) years. AYES: Council Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None 09 -21 -10 10 52:0155 ADJOURNMENT The City Council /Redevelopment Agency adjourned in memory of Robert James Wick and Nellie Clara Prucha, long time Arcadia residents at 9:40 p.m. to Tuesday, October 5, 2010, 5:30 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. eter Amundson, Mayor ATTEST: ames H. Barrows, City Clerk 11 09 -21 -10