HomeMy WebLinkAboutNovember 2, 2010 52:0174
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 2, 2010
CALL 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, Harbicht, Kovacic, Segal and Amundson
ABSENT: None
CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
STUDY SESSION
a. Report, discussion and direction regarding the Tiered Water Rate Study.
Tom Tait, Public Works Services Director reported that for the past 7 months, staff has been
gathering and analyzing data for the water distribution system to determine the best rate
structure to enhance water conservation measures to meet new state mandates and to continue
to generate sufficient revenue to fund continued operations and maintenance activities and
maintain a reserve fund in the event of a catastrophic event. He discussed the water rate study
and potential rate structures prepared by the Raftelis Financial Consultants. He explained that
the purpose is to develop a Tong -term financial plan to meet operating and capital requirements;
and develop conservation rate structures and develop a program to meet state mandates to
conserve 20% per capita by 2020; that the City currently over -pumps the San Gabriel
Groundwater Basin by approximately 20% of the total water delivered to customers each year;
that since fiscal year 2007 -08, the cost of replenishment water for the over - pumped water has
increased approximately 133 %; that residential demands account for almost 80% of the total
demand; he discussed the proposed rate structure, inclining tiered rates, water budget rate
structure, water budget -based rates and inclining tier rate options. He advised that a tiered
water rate structure will send a conservation signal, potentially reduce demand and decrease
over - pumping of groundwater, thereby reducing water replenishment costs; and that failure to
implement a tiered water rate structure could result in the City not meeting the state mandate
that requires reduction of water consumption by 20% by 2020 and the City would continue to
pay more for the high cost of importing water. He noted that studies show that tiered water rate
structures are extremely effective in promoting efficient water us and since single family
residents are the largest customer in Arcadia and account for 65% of total usage, implementing
tiered water rates will have the greatest conservation impact.
After discussion by the City Council and staff, it was moved by Council Member Chandler
seconded by Council Member Harbicht to proceed with a Three Tiered Water Rate Structure
Study.
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.
11 -02 -10
1
52:0175
Employee Organization: Arcadia Police Civilian Employees Association.
b. 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
The Closed Session /Study Session adjourned at 6:50 p.m.
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 Julie Bryant, Arcadia Episcopal Church of the Transfiguration
PLEDGE OF ALLEGIANCE — Robert Sanderson, Arcadia Police Chief
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 Stephen Deitsch reported that the City Council /Redevelopment Agency Board met
in a Study Session to hear a report from staff regarding a proposed tiered water rate structure
and that upon motion by Council Member Chandler seconded by Council Member Harbicht, the
City Council unanimously directly staff to move forward with a three (3) tiered water structure
study; and that any future action will take place after further discussion.
In addition, Mr. Deitsch reported that the City Council /Redevelopment Agency Board met in
Closed Session to consider item (a) regarding labor negotiations on the posted agenda under
Closed Session, no reportable action was taken; and regarding item (b) real property
negotiations, Mr. Deitsch reported that the City Council will meet in Closed Session at the
conclusion of the regular meeting.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS — Mr. Penman reported that there was no supplemental
information.
11 -02 -10
2
52:0176
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.
PUBLIC COMMENTS
Laura Ashmore, a Monrovia resident appeared and thanked the City Council for the information
posted on the City's website regarding coyotes; she announced that Project Coyote will be
hosting an educational workshop on how to co -exist with coyotes in our neighborhoods at the
L.A. County Arboretum on Tuesday, November 30 at 6:30 p.m. to 8:30 p.m.; and also provided
a brief description on the topics to be discussion.
REPORTS FROM THE CITY COUNCIL AND CITY CLERK
Council Member Chandler had no comments.
Council Member Segal had no comments.
Mayor Pro Tem Kovacic thanked Ms. Ashmore for attending and providing information regarding
the coyote education workshop at the Arboretum; he complimented and thanked his neighbor
Roger Nicoli who has been actively educating his neighborhood about coyotes and promotes a
horn which scares the coyotes away; he commented on an incident in the police blotter and
warned the public to be cautious about telephone call or e-mails asking for help and money; he
announced free flu shots for all ages on November 12 at the Community Center and that
reservations are required; on Monday, November 22 the Arcadia Interfaith Action Group will
be having their annual Thanksgiving Service at 7:00 p.m. at the Church of the Good Shepherd
and encouraged everyone to bring a canned food to share with those in need; and the Holiday
Snow Festival and Breakfast with Santa will be on Saturday, December 4`
In response to comments made by Mayor Pro Tem Kovacic regarding fraudulent telephone calls
or e-mails asking for money, Police Chief Sanderson responded that residents should feel free
to contact the Police Department so that it can be verified.
Council Member Harbicht reminded staff that a few months ago reports regarding all mail ballots
and term limits were requested and just wanted to make sure that they were being prepared for
a future meeting.
In response to Council Member Harbicht's reminder regarding reports on all mail ballots and
terms limits, Mr. Penman responded that staff is currently working on the reports and will be
scheduled for a future meeting.
City Clerk Barrows had no comments.
Mayor Amundson reminded residents that today is Election Day and encouraged everyone to
vote; he announced that Santa Anita Avenue is being worked on including Camino Real to
Longden, from Duarte Road to Christina and from Foothill to the 210 freeway; and should be
completed by the end of the year; and commented on "gypsy burglaries" who prey on the
elderly.
11 -02 -10
3
52:0177
In response to Mayor Amundson's comments regarding "gypsy burglaries ", Chief Sanderson
reported that these individuals pose as utility workers, tree trimmers, construction employees,
etc., using any excuse to get the individual out of the house then another person would go in the
house and rob them while the other person is distracting the individual.
In response to a question raised by Mayor Pro Tem Kovacic regarding identification cards, Chief
Sanderson responded that residents, should if possible, ask for identification or call the Police
Department, City Hall or the company to verify identification.
Mayor Amundson noted that excerpts from the Marine concert held this past summer are on the
City's cable channel and at the museum.
Mayor Amundson noted a late speaker card turned in by Mr. Eskander and asked him to come
forward to the podium.
Nassef Eskander, an Arcadia resident appeared and suggested that the street construction
begin at 8:30 a.m. instead of 7:30 a.m. which is after the schools are in session; he reported
that overgrown Italian cypress trees on private property are not being trimmed and maintained
on Pamela Road and also reported on overgrown shrubs.
In response to comments made by Mr. Eskander, Mr. Penman responded that the City has no
regulations regarding the height of trees on private property and regarding overgrown shrubs on
corner lots Mr. Eskander should contact Code Enforcement so that staff can inspect.
1. CONSENT CALENDAR
CITY COUNCIL ITEMS:
a. Introduce Ordinance No. 2279 amending Article VIII of the Arcadia Municipal
Code relating to Building Regulations and adopting by reference the 2010
Editions of the California Building Code, Volumes 1 and 2, including State of
California amendments applicable to local jurisdictions and further adopting by
reference including amendments, the 2010 California Residential Code, the 2010
California Plumbing Code, the 2010 California Electrical Code and the 2010
California Mechanical Code and the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, as published by the International Code
Council.
Recommended Action: Introduce and schedule public hearing for December 7,
2010.
b. Introduce Ordinance No. 2280 amending Article III of the Arcadia Municipal Code
relating to fire regulations and adopting by reference the 2010 Edition of the
California Fire Code in its entirety, including Chapter 1 and Appendices Chapter
4, B, C, D, E, F, G, I and J based on the 2009 Edition of the International Fire
Code published by the International Code Council; and schedule a public hearing
for December 7, 2010.
Recommended Action: Introduce and schedule public hearing for December 7,
2010.
11 -02 -10
4
52:0178
c. Award a purchase order to Fairview Ford Sales for the purchase of three (3) Ford
pickup trucks for the Public Works Services Department in the amount of
$71,135.47.
Recommended Action: Approve
d. Award a purchase order contract to Ernie's Auto Parts for the purchase of
automotive repair parts for City vehicles in the amount of $31,877.01.
Recommended Action: Approve
e. Authorize the City Manager to execute a one (1) year contract extension with
CLS Landscape Management, Inc. for landscape maintenance at City facilities in
the amount of $460,250.72.
Recommended Action: Approve
f. Reject the bids for the installation of carpet tiles for the Community Center and
Recreation Facilities and direct staff to re -bid the contract.
Recommended Action: Approve
Regarding Consent Calendar Item 1.a, Mayor Pro Tem Kovacic commented that one of the
regulations note that all solar components shall be visible from the exterior of the building and
questioned if the solar panels should be hidden instead of visible.
Mr. Penman responded that a public hearing is scheduled for the December 7th City Council
meeting and a response will be provided at that time.
Regarding Consent Calendar Item 1.d, Mayor Pro Tem Kovacic questioned how the City knows
down to a penny the exact amount will be spending on repair parts.
Mr. Penman responded that a list is prepared of commonly used items purchased for repairs
and that list is provided to the vendors who in turn submit a price list.
Regarding Consent Calendar Item 1.e, Mayor Pro Tem Kovacic announced that his firm
represented CLS Landscape Management, Inc. in an eminent domain action which has now
concluded but would like to abstain, as he has done in past, from voting or participating in order
to avoid any appearance of impropriety.
In response to an inquiry by Mayor Pro Tem Kovacic regarding Consent Calendar Item 1.e, Mr.
Deitsch advised Mayor Pro Tem Kovacic that he would have to leave the room if there was
separate discussion on the matter; and noted that normally he would not have to leave the room
because the item is on the Consent Calendar.
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 1.a through 1.d and
2.f.
AYES: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
Mayor Amundson pulled Consent Calendar Item 1.e for separate discussion. He inquired if staff
felt the City was getting the best price possible since the contract did not go out to bid.
11 -02 -10
5
52:0179
Tom Tait, Public Works Services Director explained that the landscape maintenance contract
cost is mostly labor; he noted that we are not going to see the labor prices go down from the
first time it was bid out three (3) years ago and feels that the City is getting a great price. He
stated that two (2) years ago the contract was cut 7% in price from the original bid amount due
to budgetary constraints at that time.
It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member
Harbicht and carried on roll call vote to approve Consent Calendar item 1.e.
AYES: Council /Agency Member Chandler, Harbicht, Segal and Amundson
NOES: None
ABSENT: None
ABSTAIN: Council Member Kovacic
2. CITY MANAGER/AGENCY DIRECTOR ITEMS:
a. Report, discussion and direction regarding Policy on Private Property Owner
Structural Improvements in the public right -of -way.
Jason Kruckeberg, Assistant City Manager /Development Services Director noted that on
September 21, 2010, staff presented to the City Council in a Study Session the City's policy on
the use of the public parkway for non - public purposes and was directed to explore modifying the
policy to allow vertical encroachments in the public parkway; he advised that that several
requests have recently been submitted to the City for the erection of various structures within
the public right -of -way. Mr. Kruckeberg explained that the public right -of -way typically includes
the paved street and the parkways outside of the street; that parkways vary in width but are on
the average 10 to12 feet wide; that construction within the public parkways is limited to public
access, pedestrian and utility purposes; and that the City does not allow non - public vertical
encroachments such as wells, 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.
Phil Wray, Deputy Director of Development Services /City Engineer explained that public
parkways are controlled by the City and are used for public uses such as street lights, street
trees, street signs, hydrants, water meters and public utilities such as power poles, utility vaults,
and utility cabinets. Mr. Wray discussed the proposed policy that addresses staff concerns and
achieves City Council goals; the six (6) components he reported on were allowable locations in
the City, features that could result, location restrictions within the public parkway, design
guidelines, the process and legal and liability issues; and requested City Council direction.
After discussion by the City Council, it was moved by Council /Agency Member Kovacic,
seconded by Council /Agency Member Chandler and carried on roll call vote that the current
policy on the use of the public parkway for non - public purposes remain in effect.
AYES: Council /Agency Member Kovacic, Chandler, Segal and Amundson
NOES: Council /Agency Member Harbicht
ABSENT: None
The City Council recessed at 8:00 p.m. to Closed Session.
11 -02 -10
6
52:0180
ADJOURNMENT
The City Council /Redevelopment Agency adjourned at 8:44 p.m. to Tuesday, November 16,
2010, 6:00 p.m. in City Council Chamber located at 240 W. Huntington Drive, Arcadia.
P- Mayor
ATTEST:
Dames H. Barrows, City Clerk
aim
11 -02 -10
7
J
J