HomeMy WebLinkAboutItem 2a: Minutes of February 14 and March 1, 2011 53:0032
CITY COUNCIL /REDEVELOPMENT AGENCY
SPECIAL MEETING MINUTES
THURSDAY, FEBRUARY 14, 2011
CALL TO ORDER - Mayor /Agency Chair Amundson called the special meeting to order at 8:00
a.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson
ABSENT: None
STUDY SESSION
a. Report, discussion and direction regarding Single Family Design Review and
Development Standards.
Jason Kruckeberg, Assistant City Manager /Development Services Director explained the City's
Single Family Design Review and Development Standards process; that the City's Design
Guidelines have been in place since 2006 and revised in 2009; that about 65% of all Tots in the
City are developed with a single family home; and that the typical development pattern over the
last number of years have been to tear down existing homes and build larger ones. He noted
that the Development Services Department receives more than 60 applications per year for new
homes and another 20 to 25 for additions to existing homes; he explained that the two -prong
approach to reviewing new homes and additions are "development standards" and "design
guidelines "; that the development standards in the zoning code are referred to as the "shall"
statements which are things that must be done and are a typical range of zoning restrictions
such as setbacks, building height, lot coverage, encroachment plane, etc.; and that design
guidelines are more subjective and have only been in place for single family homes for about 5
years and updated in 2009; and the "should" statements are interpretive and are administered
by staff on a cases -by -case basis in the context of their neighborhood and streetscape. He
indicated that the City does not have an FAR (floor area ratio) requirement for single family
homes which has been discussed on several occasions by the City Council and decided to
leave it out of the zoning standards.
He further reported that market buyers coming into Arcadia want a new home and tend to seek
the maximum within the development standards; that the design process goes through at least
three iterations of plans to arrive at a design that is acceptable to staff; that the design review
process for areas not in a homeowner association is a staff level function and no public hearing
is required; and within homeowner association areas a public hearing and neighborhood
notification is part of the process.
02 -14 -11
53:0033
PUBLIC COMMENTS (5 minutes per person)
Josh Gross of Mursol Construction
Ernie Barr, Rancho Santa Anita ARB
Mr. Consiglio, President Upper Rancho
Vince Vargas, ARB Chair Santa Anita Oaks
Robert Tong, Architect
Mary Dougherty, President Santa Anita Oaks HOA
It was moved by Council Member Kovacic, seconded by Council Member Segal and carried on
roll call vote to direct staff to look at more aggressive privacy guidelines in those cases of new
second story homes being built in a predominately single story area.
AYES: Council /Agency Member Kovacic, Segal, Chandler, Harbicht and Amundson
NOES: None
ABSENT: None
It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on
roll call vote to table a decision regarding notification of surrounding property owners in design
review cases.
AYES: Council /Agency Member Segal, Harbicht, Chandler, Kovacic and Amundson
NOES: None
ABSENT: None
The meeting adjourned at 10:15 a.m.
James H. Barrows, City Clerk
By:
Lisa Mussenden
Chief Deputy City Clerk/Records Manager
02 -14 -11
53:0034
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, MARCH 1, 2011
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) — No
one appeared.
CLOSED SESSION
a. 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 and Assessor Parcel No. 5775 -025-
025 (South side of Santa Clara Street, West of Santa Anita Avenue)
Agency Negotiators: City Manager /Agency Executive Director Don Penman,
Assistant City Manager /Deputy Executive Director Jason Kruckeberg and
Economic Development Manager Jerry Schwartz
Negotiating Parties: Arcadia Redevelopment Agency, Rusnak /Arcadia (Paul
Rusnak) and Don and Ray Dahlgren.
Under Negotiation: Price and Terms of Payment
b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators.
City Negotiators: Administrative Services Director Hue Quach, 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.
c. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel
regarding potential litigation — one (1) case.
STUDY SESSION (OPEN TO THE PUBLIC)
a. Report, discussion and direction regarding Single Family Design Review and
Development Standards, including notification procedures for Single Family
Design Review. (continued from February 14, 2011 Special Meeting)
03 -01 -11
53:0035
Jason Kruckeberg, Assistant City Manager /Development Services Director reported that at the
February 14, 2011 Special Meeting, the City Council directed staff to focus more attention on
the issue of privacy in the design review process regarding window placement and second story
features as they may impact neighboring properties; and notification of property owners
adjacent to a proposed new home in areas outside homeowner association boundaries. He
explained that design review in Arcadia for areas not in a HOA is a staff -level function, there is
no public hearing held; and within the HOA areas, public hearings and neighbor notification are
part of the process. He advised that staff has significant reservations about notifying neighbors
of a subjective staff level process because comments taken from a neighbor on design will also
be subjective and that layering subjective comments upon staff's subjective comments could be
problematic; and noted that staff is a strong supporter of neighborhood involvement in any
process and the issue is not notification itself; that staff strongly believes that there is no "middle
ground" when it comes to notification; that if notification is to occur, the model of staff -only
design review should be changed and the model currently utilized by the HOA's should be
adopted city -wide and provided additional notification options. He reported that at the February
14 Study Session, the City Council directed to staff to be more aggressive in protecting the
privacy of neighboring properties, especially in those cases of a new second story being built in
predominately single story area and noted that staff is already working on the policy.
Council Member Harbicht noted the motion that was tabled from the February 14, 2011 Special
Meeting regarding notification of surrounding property owners in design review cases. No
action was taken.
Council Member Segal suggested that staff prepare changes in the Design Guidelines regarding
privacy of neighboring properties in those cases of a new second story being built in a
predominately single story area.
Mayor Pro Tem Kovacic suggested that instead of preparing the changes in the Design
Guidelines that just a staff report with staff's understanding of what will be done in the plan
check and evaluation process of single family homes would suffice.
Mr. Penman noted that a comment card and letter was received by Brent Mitulski who was at
the meeting earlier and unable to stay and will distribute Mr. Mitulski's written comments through
his City Manager Weekly Report.
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 — Mayor Peter Amundson
PLEDGE OF ALLEGIANCE — Hue Quach, Administrative Services Director
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson
ABSENT: None
03 -01 -11
53:0036
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM
City Attorney Stephen Deitsch reported that the City Council /Redevelopment Agency Board met
in Closed Session to consider item b on the posted agenda, no reportable action was taken.
He further reported that at the conclusion of the regular meeting, he recommended the City
Council /Agency Board recess to a continued closed session to discuss and consider items a
and c which have not yet been discussed; in addition he recommended the City Council /Agency
Board recess at the conclusion of the open session to a study session regarding Single Family
Design Review and Development Standards.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS — City Manager Don Penman advised that photographs were
distributed regarding City Manager item 2.a and will be discussed later in the meeting.
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.
PRESENTATION
a. Presentation of a Proclamation designating March 9, 2011 as Arbor Day.
PUBLIC COMMENTS
Lan Nguyen, President of Foothills Middle School PTSA appeared and provided an update on
activities at Foothills Middle School; she reported that after almost 40 years Principal Trisha
Hartline will be retiring at the end of the year; that in March the PTSA will be holding its election;
she discussed the quarterly newsletter; and highlighted various events which were held and
upcoming event at Foothills Middle School.
Barbarina Zwicky appeared and noted that she has not received a response regarding her
request of September 7, 2010 regarding consideration of a spay and neutering ordinance for all
felines in the City of Arcadia; she commented that her son Christian Zwicky continues to
address this problem in the City and has received support from Santa Anita Park and Westfield;
she discussed a parcel tax benefitting Arcadia Unified School District and presented their
budget deficit; and out of district school permits.
REPORTS FROM THE CITY COUNCIL AND CITY CLERK
Council Member Segal reminded everyone that next Tuesday night is the Methodist Hospital's
Mardi Gras event at Santa Anita Race Track and encouraged everyone to attend and support
the event.
Council Member Chandler announced that on February 18, 2011 Santa Anita Race Track
opened an "Arcadia Suite" which is available for rent to groups for parties or special events.
03 -01 -11
53:0037
Council Member Harbicht advised that he would like to see the subject of address change
placed on a future agenda for discussion and requested City Council support. The City Council
unanimously agreed and directed staff to prepare a report regarding the cost and process of
changing an address.
Mayor Pro Tem Kovacic thanked Lan Nguyen of Foothills Middle School; he announced that the
High School will be putting on the musical Guys and Dolls on March 29 through April 2n and
that tickets are $15 per person and available on line at www.arcadiastage.com and encouraged
everyone to attend; and noted that the new Performing Arts Building is in the process of being
built as a result of Measure I.
City Clerk Barrows had no comments.
Mayor Amundson inquired what the City can do regarding trash at the off ramps into Arcadia.
Tom Tait, the Public Works Services Director responded that the City has been in contact with
CalTrans over the past couple years on this issue since the City stopped maintaining the off and
on ramps; that the City was told recently that CalTrans will be out in the next couple of weeks to
do a clean up; he noted that there are two off ramps under construction for sound walls which
will be maintained by the contractor; and also discussed the adopt a highway program by
private properties.
Mr. Penman advised that maintaining the off and on ramps are the responsibility of CalTrans
however because they did a poor job maintaining the ramps for years, the City had budgeted
$25,000 to maintain them even though it was another agency's responsibility, and 2 years ago
the money was cut from the budget; he noted that the City Council may want to consider during
the budget process to put in some low maintenance type of landscaping especially at Santa
Anita since that is adjacent to the redevelopment project area and redevelopment funds can be
used.
Mayor Amundson invited everyone to attend the Mayor's Community Breakfast on Friday,
March 4 and encouraged everyone to get there early.
1. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Approve the meeting minutes of February 1, 2011 and February 15, 2011.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Approve the meeting minutes of February 1, 2011 and February 15, 2011 meetings.
Recommended Action: Approve
c. Adopt Ordinance No. 2281 amending Chapter 4B of Article I and Chapter 4 of
Article IX of the Arcadia Municipal Code regarding Cost Recovery for Abatement
of Nuisances.
Recommended Action: Adopt
03 -01 -11
53:0038
d. Introduce Ordinance No. 2282 amending Section 5600 of Chapter 6, Part 3,
Article V of the Arcadia Municipal Code and adopting by reference the Los
Angeles County Health Code.
Recommended Action: Introduce Ordinance and set Public Hearing for April 5,
2011
e. Adopt Resolution No. 6755 approving the Los Angeles Interagency Metropolitan
Police Apprehension Crime Task Force Joint Powers Agreement ( "LA IMPACT
JPA "), thus authorizing the City's Membership in the LA IMPACT Authority and
authorize the City Manager to execute the JPA Agreement.
Recommended Action: Adopt
f. Authorize the City Manager to execute a one (1) year contract with B & P
Painting, Inc. for Painting and Wood Refinishing Services at various City facilities
in the amount of $43,720.
Recommended Action: Approve
g. Accept all work performed by Doug Martin Contracting, Inc. for the 2009 -2010
Annual Slurry Seal Project as complete; and authorize the final payment to be
made in accordance with the contract documents.
Recommended Action: Approve
h. Approve Final Map No. 71365 for a five -unit residential condominium subdivision
at 728 West Huntington Drive.
Recommended Action: Approve
Approve renewal of the General Services Agreement with the County of Los
Angeles for miscellaneous general services requested by the City on an as need
basis.
Recommended Action: Approve
j. Authorize City staff to continue using Cutwater Asset Management for
Investment Management Services for the period of April 2011 to March 2012.
Recommended Action: Approve
k. Authorize the City Manager to execute a Professional Services Agreement with
Ex/Novo Inc. for City Hall interior Renovation Design in the amount of $34,900.
Recommended Action: Approve
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.k.
AYES: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
03 -01 -11
53:0039
2. CITY MANAGER/AGENCY DIRECTOR ITEMS:
a. Report, discussion and direction on establishing policies regarding the resale of
units in Redevelopment Agency funded First Time Home Buyer Projects and the
rental of units in the Alta Street Classics Development.
Recommended Action: Provide Direction
Jason Kruckeberg, Assistant Executive Director /Development Services Director provided
background information regarding the Alta Street Classics which was a redevelopment project
with six townhomes that were sold to first time home buyers; funded with a modest down
payment, a mortgage loan from a conventional lender, and a silent second trust deed from the
Arcadia Redevelopment Agency; and reported that a question recently came up regarding the
Agency's policy upon resale of the units if the sale price is less than the original purchase price
and the ability to rent the units. He explained that the CC &R's for the project allows for
temporary rental in certain situations and the issue is what the policy should be regarding
temporary rentals.
Jerry Schwartz, Economic Development Manager explained options for a potential sale where
there was no equity as (1) that the Agency Board act like a bank and assure that the Agency
receives 100% return on its silent second at the time of sale; (2) that if there is a Toss or reduction
in price that there be a proportional sharing similar to how the equity is shared if the sales price
exceeded the original purchase price; or (3) that the Agency's silent second trust deed behind
the seller so that any loss would be 100% borne by the Redevelopment Agency. He noted that
the Agency Board has the ability to create conditions under which a temporary rental might
occur; he explained specific conditions for Agency consideration that would apply to a request to
rent a unit on a temporary basis since it was not the intent of the project to allow renters; and
noted that since the Agency is currently set up to share in price growth through the equity share,
it would be appropriate to share in any Toss in property value in equal proportion to the seller
which would keep either the seller or the Agency from bearing the entire brunt of a loss in value;
and would still allow the Agency to provide a silent second trust deed to a new buyer.
It was moved by Agency Member Harbicht, seconded by Agency Member Segal and carried on
roll call vote to share in any Toss at 2/3 the Agency and 1/3 the Buyer.
AYES: Agency Member Harbicht, Segal, Chandler and Amundson
NOES: Agency Member Kovacic
ABSENT: None
It was also moved by Agency Member Harbicht, seconded by Agency Member Segal and carried
on roll call vote to adopt staff's recommendation regarding conditions that would apply to a
request to rent a unit on a temporary basis.
AYES: Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson
NOES: None
ABSENT: None
03 -01 -11
53:0040
ADJOURNMENT
The City Council /Redevelopment Agency recessed to the Conference Room at 8:35 p.m. to
conduct unfinished Closed Session /Study Session items listed on the posted agenda.
The City Council /Redevelopment Agency adjourned at 9:10 p.m. to Tuesday, March 15, 2011,
6:00 p.m. in City Council Chamber Conference Room located at 240 W. Huntington Drive,
Arcadia.
James H. Barrows, City Clerk
By:
Lisa Mussenden
Chief Deputy City Clerk /Records Manager
03 -01 -11