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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