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HomeMy WebLinkAboutOctober 5, 2010 52:0156 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 5, 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) 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(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 54956.8 conference with real property negotiators: Property: 35 West Huntington Drive, 21 Morlan Place, 101 -111 North Santa Anita Avenue, 121 -159 North Santa Anita Avenue Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg, Administrative Services Director, Hue Quach and the Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency and Rusnak/Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment STUDY SESSION a. Report, discussion and direction regarding the issuance of Certificates at City Council meetings. Mr. Penman discussed the current policy and process regarding the issuance of certificates at City Council meetings; he noted different options for issuing certificating including a tiered level depending on the situation for City Council consideration. It was the consensus of the City Council to issue certificates as currently done; however „„ depending on the situation, the City Council would like to maybe see it in a resolution format with all five Council Members signatures. 10 -05 -10 1 52:0157 b. Report, discussion and direction regarding the General Plan Update: Review of Materials, Final Environmental Impact Report and Text Amendments. Jason Kruckeberg, Assistant City Manager /Development Services Director provided information regarding the adoption process of the General Plan; he provided an overview and explained the documents provided in their agenda packet including the proposed text amendments to the Arcadia Municipal Code. Lisa Flores, Senior Planner provided the City Council with an overview of the Land Use Element portion of the General Plan; she explained that the General Plan is a long term plan which defines how the City will look and function in the next 25 years; that the proposed General Plan consists of eight elements, seven are required and one extra element which has been dedicated to Economic Development; that some of the elements were grouped together to minimize redundancy since they all have the same related policies, functions and goals including an introduction and discussion which was added to each element on achieving the City's vision which summarizes key features of that element and how they all relate to each other. She reported that the plan also includes an implementation plan that identifies specific action that the City will need to entertain in order to implement the goals and policies by certain timeframes; she noted that all departments have reviewed the proposed General Plan twice including the GPAC; and mentioned that no changes were made to the section relating to the Santa Anita Park. Mr. Kruckeberg commented on the proposed EIR relating to commercial and residential density, development standards, utilities, services, and growth; he discussed the utilities and service systems chapter as an example of how the EIR works with the General Plan; he discussed the comments received from various agencies on the EIR and responses received to the comments. He explained the zoning code amendments; he noted the positive comments received regarding the downtown area from the public outreach and planning commission meetings; he discussed some of the main recommendations relating to parking, height limit, downtown mixed use and R -3 changes. He reported that the General Plan Update is nearing the final steps in the adoption process and noted future Planning Commission and City Council meeting dates. Mayor Pro Tem Kovacic would like to have another study session before the public hearing in order to thoroughly review it and go over with staff. Mr. Penman will check available dates for a workshop and get back to the City Council. Mayor Amundson requested a summary of significant changes for City Council information. 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 Steven Wilson, Church of the Good Shepherd PLEDGE OF ALLEGIANCE — Tony Trabbie, Fire Chief ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None 10 -05 -10 2 52:0158 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 items (a) and (b) listed on the posted agenda, no reportable action was taken; and noted that item (c) on the Closed Session agenda will be considered after the open session and that it is presently not anticipated that there will be any reportable action. 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; Mr. Deitsch reported that regarding the General Plan, the City Council has had several Study Sessions over the past two years; that staff presented a status report on the proposed General Plan and the proposed Environmental Impact Report; he noted that it is anticipated there will a public hearing on the proposed General Plan and Certification of the Environmental Impact Report by the Planning Commission on October 26, 2010 and a Special Meeting date to be selected prior to November 16, 2010; that the City Council will conduct a public hearing to consider the adoption of the General Plan and the Certification of the Environmental Impact Report on November 16, 2010; he advised that the proposed General Plan consists of 8 elements, 7 of which are required by law plus one extra element that the City Council will consider adopting, although not required by law. Mr. Deitsch also reported that in Study Session, the City Council considered a policy regarding the issuance of City certificates of recognition. 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 a Proclamation designating the week of October 3 -9, 2010 as Fire Prevention Week. PUBLIC COMMENTS Erin Slessor, PTA President at Camino Grove Elementary School reported on school activities at Camino Grove; she noted a PTA fundraiser auction; an Alice in Wonderland school musical; Red Ribbon week October 25 -29; and commented that information regarding "bullying" will be sent to parents. John Murphy, an Arcadia resident thanked the City Council for banning smoking at Wilderness Park; he provided an update on bears in north Arcadia; he commented on the percentage of residents who would like to see the wildlife exterminated, those who are indifferent and those residents who do not want to see wildlife killed; he advised that they have been working with the Bear League who have provided material and posters which they are posting in their neighborhood including a flyer they are posting on trash cans; he noted that in the past 3 weeks there have been no bear sightings or problems in their neighborhood; that there are no real 10 -05 -10 3 52:0159 coyote problems in their area; he recommended education and community cooperation so that wildlife can co -exist with humans and tax dollars can be saved; and further noted that residents in his area have been diligent about properly handling food waste and securing small pets and their food. Council Member Harbicht commended Mr. Murphy's education efforts and asked for his thoughts on requiring bear proof trash containers in the Foothills. Mr. Murphy responded that it would be better to educate residents and utilize existing strategies rather than charge residents an additional trash fee of $8 per month. Bonnie Barron commented on Fire Prevention week and the education given to prevent home fires including educating residents about living with wildlife; she played a taped advertisement recording from the State Department of Fish and Game regarding wild animals information; she cited various state and local code sections that prohibit the feeding of wildlife on private property including fines and penalties; she suggested the City look into adopting an ordinance prohibiting the feeding non - domesticated animals similar to Monrovia and Sierra Madre; she suggested a public forum and requested this matter be placed on the agenda for a public hearing; that many organizations are willing to donate their services free of charge; and asked if any of the questions she addressed at the last meeting have been answered. Laura Ashmore, a Monrovia resident appeared and spoke in opposition of the coyote trapping program and advocated a no -kill solution; she shared information from a study which indicated that removal programs actually increase the coyote population by increasing reproductive capacity of female coyotes that survive. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Segal encouraged residents to attend Arcadia High School's first game of the season on Friday which is Homecoming; he noted the new stadium bleachers that have been installed; and he announced that there will be an "Action Program" at the Library on Saturday from 8:00 a.m. to noon which will provide emergency training to residents. Council Member Chandler had nothing to report. Mayor Pro Tem Kovacic commented on community education efforts regarding wildlife in Arcadia; he noted wildlife articles in the City's quarterly newsletter, the Hot Sheet including the Chinese Association's website; he discussed the local and state codes cited by Ms. Barron; he recommended, and asked for support from two other Council Members, that an ordinance prohibiting the feeding of non - domesticated mammals be prepared for consideration; that the ordinance also apply to bears; he commented on Monrovia's ordinance and asked the City Attorney to provide the City Council with information if the City can regulate the feeding of wildlife on private property. City Attorney Deitsch responded that he would provide a memorandum to the City Manager regarding state and local statues pertaining to the feeding wildlife on private property In response to an inquiry by Council Member Chandler, Police Chief Sanderson responded that police officers could definitely enforce state statutes and issue citations only if the officer actually witnessed the event or a private person's arrest could also be made if the private party was also a witness to the violation. 10 -05 -10 4 52:0160 Council Member Kovacic also encouraged residents to attend Homecoming at Arcadia High School on Friday; he also noted the new stadium and bleachers. Council Member Harbicht stated that he received a flyer in the mail opposing Arcadia's trapping of coyotes which was received anonymously and crude in nature; he indicated that he is willing to listening to anyone who would like to discuss the coyote issue or any other issue with him; and commented on the ordinance on the agenda which will prohibit the digging up of streets after they have been repaved for 5 years. City Clerk Barrows announced that the Library will be closed on Wednesday, October 6 for staff development; he also announced homecoming at Arcadia High School on Friday night; and commented on the new bleachers, the track and the new lighting. Mayor Amundson advised that in the last decade, Arcadia has spent approximately $10 million in street repairs; that residents should contact Public Works Services Department if they come in contact with a pothole; he advised that the marijuana dispensary wanting to open up in the County portion of Arcadia was defeated by the County; that he received many thanks for the role Arcadia played in getting this denied; he thanked the Police Department, especially Captain Kirby for his role in keeping the dispensary out of Arcadia. Mayor Amundson invited residents to attend "Coffee with the Mayor" on the second Friday of the month at 8:30 a.m. at the Community Center. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Adopt Resolution No ARA -239 approving and adopting a Replacement Housing_ Plan in conjunction with the proposed Campus Commons Housing Project. Recommended Action: Adopt CITY COUNCIL ITEMS: b. Approve the purchase of one (1) paramedic rescue ambulance from Road Rescue Inc. for the Fire Department in the amount of $197,504.77. Recommended Action: Approve c. Authorize the City Manger to execute a contract with Silvia Construction Inc. for the Street Rehabilitation of Santa Anita Avenue from Camino Real Avenue to Longden Avenue, from Duarte Road to Christina Avenue, and from Foothill Boulevard to the 210 Freeway in the amount of $1,301,091.48 and authorize a 10% contingency. Recommended Action: Approve d. Award a purchase order contract to H.D. Supply Waterworks for the purchase of brass valves, fittings and related accessories in the amount of $113,252. Recommended Action: Approve e. Introduce Ordinance No. 2277 amending the Arcadia Municipal Code by adding Section 7308 to Chapter 3 of Article VII pertaining to street excavations. Recommended Action: Introduce 10 -05 -10 5 52:0161 f. Approve street closures for the Arcadia Festival of Bands on Saturday, November 20, 2010. Recommended Action: Approve It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve Consent Calendar items 1.a through 1.f. AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Adopt Resolution No. 6747 opposing Proposition 19: The Initiative to Legalize Marijuana in California. Recommended Action: Adopt Mr. Penman reported that an initiative has been placed on the November Statewide ballot which would legalize marijuana in California; he stated that many concerns have been raised regarding the impacts of the passage of this measure in the State; that the City typically does not take positions on statewide initiatives however staff believes that this measure has significant implications and recommends the adoption of Resolution No. 6747 opposing the passage of Proposition 19 to legalize marijuana in California. He advised that Proposition 19 is opposed by Mothers Against Drunk Drivers, California Bus Association, California District Attorney's Association, the California Police Chiefs Association and the California Chamber of Commerce. Council Member Chandler moved to adopt Resolution No. 6747 and expressed his concerns and opposition regarding the passage of Proposition 19. Council Member Harbicht felt that the City Council should not take a stance on any statewide proposition on the ballot. Mayor Amundson seconded Council Member Chandler's motion to adopt Resolution No. 6747. Mayor Pro Tem Kovacic requested clarification from staff that if Proposition 19 is passed, would that allow an employee to smoke marijuana on the job while on a break. Mr. Penman responded that in reviewing literature from the State Chamber of Commerce there are concerns on how the passage of Proposition 19 would affect employers including cities; that it is unclear on what employees would have the right to do if passed; that there is a concern that the measure will allow City employees to utilize marijuana and how this may impact them in the workplace. It was moved by Council /Agency Member Chandler, seconded by Mayor /Agency Chair Amundson and carried on roll call vote to adopt Resolution No. 6747 opposing Proposition 19: The Initiative to Legalize Marijuana in California. AYES: Council /Agency Member Chandler, Amundson and Segal NOES: Council /Agency Member Harbicht and Kovacic ABSENT: None 10 -05 -10 6 52:0162 Both Council Member Harbicht and Mayor Pro Tem Kovacic clarified that their "no" votes are based solely on their opposition to the City Council taking an official position on Proposition 19 and does not reflect their personal views. b. Approve amendment to Employment Agreement between the City of Arcadia and City Manager to add a revised sub - section entitled Life Insurance Reimbursement on a one time basis for documented purchase of such policy. Recommended Action: Approve Mr. Penman excused himself from the dais since the item pertains to his Employment Agreement with the City. Hue Quach, Administrative Services Director reported that the current Employment Agreement between the City and Mr. Penman automatically renews January 1, 2011; he noted that while Mr. Penman is currently eligible to retire, he has expressed an interest to remain as City Manager; and noted that the City Council has expressed a desire for him to stay. Mr. Quach explained that under the City's current retirement system, if an employee who is eligible to retire but does not and passes away without having the opportunity to retire, their surviving spouse would only receive half the retirement benefit; he advised that Mr. Penman considered that risk, and is requesting that the City Council consider an amendment to his employment contract that would reimburse him $4,100 for his purchase of term life insurance that would cover the difference in what his retirement benefit could be as opposed to what it would be if he were to pass away without retiring. Mr. Quach advised that the proposed benefit would be taxable to Mr. Penman, but would not be included in income used to calculate any future retirement payment. He further added that the City Council appointed Council Members Harbicht and Segal to meet with Mr. Penman to discuss his request and recommendation to the City Council. Council Member Harbicht advised that he and Council Member Segal met with Mr. Penman and recommend the amendment to the Employment Agreement; he stated that earlier in the year, Mr. Penman had a scheduled salary increase pursuant to his Employment Agreement with the City, and keeping in line with the other bargaining groups, Mr. Penman took it upon himself to return the salary increase back to the City which was well in excess of the $4,100; he noted that this was reasonable request and accomplishes an important goal and feels that the City Council will agree. Council Member Segal also expressed his support for the recommendation; he noted that Mr. Penman returned approximately $6,000 back to the City which he was under no obligation to do; and feels that Mr. Penman is an important individual to have around and also feels that the request is a reasonable expenditure and encourages the other Council Members to support the recommendation. Council Member Chandler thanked Mr. Harbicht and Mr. Segal for their comments; he expressed support for Mr. Penman and the contract amendment; and felt it would be a good investment to keep Mr. Penman on as the City Manager. 10 -05 -10 7 52:0163 It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal and carried on roll call vote to approve an amendment to the Employment Agreement between the City of Arcadia and Donald Penman to include a revised sub - section entitled "Life Insurance Reimbursement" on a one time basis for documented purchase of such policy. AYES: Council /Agency Member Chandler, Segal, Harbicht, Kovacic and Amundson NOES: None ABSENT: None The City Council recessed at 8:15 to Closed Session. ADJOURNMENT The City Council /Redevelopment Agency adjourned at 8:50 p.m. to Tuesday, October 19, 2010, 6:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia. 4)7 /1*//4— Peter Amundson, Mayor ATTEST: ames H. Barrows, City Clerk 8 10 -05 -10