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HomeMy WebLinkAbout03/01/2011 53:0044 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) has 03 -01 -11 1 53:0045 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 .1 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 in i 03 -01 -11 2 53:0046 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. P resentation of a Proclamation designating March 9, 2011 as Arbor Day. PUBLIC COMM 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 Hart line 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 3 53:0047 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 2 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 4 53:0048 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 i. 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 5 53:0049 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 Proiects 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 Tess 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, ej 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 Toss 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 loss 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 6 53:0050 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. `Peter Amundson, Mayor ATTEST: James H. Barrows, City Clerk 03 -01 -11 7