Council considers pumpkin patch

A permit mistakenly granted about five years ago to Dan Stremel to operate his popular Uncle Buck’s pumpkin patch and Christmas tree sales on a vacant lot on Foothill Boulevard zoned for residential use only has been caught and retracted after a neighbor complained about all the non-residential activity allowed on the lot year-round, including recent intersection construction, leaving Stremel unable to operate his pumpkin patch this month but hoping for a reprieve in time to sell Christmas trees in November and December. The City Council votes Tuesday on the introduction of a Municipal Code ordinance amendment to designate areas where pumpkins and Christmas trees may be sold on a case-by-case basis (3a below). If approved, Stremel could then file an application in hopes of being approved by the Council in November.

UPDATE 10/20/10: The Council voted not to approve the ordinance that could have led to Dan selling Christmas trees as usual on the vacant lot. Councilman Bob Harbicht said it would said a bad precedent and put the City in an awkward position of trying to justify an exemption for one person but not another. The following is the entire Council agenda for Tuesday:

CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, OCTOBER 19, 2010 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Peter Amundson, Mayor/Agency Chair Gary Kovacic, Mayor Pro Tem/Agency Vice Chair Roger Chandler, Council/Agency Member Robert Harbicht, Council/Agency Member Mickey Segal, Council/Agency Member

PUBLIC COMMENTS – CLOSED SESSION/STUDY SESSION (5 minute time limit) Any person wishing to address the City Council/Redevelopment Agency on any Study Session or Closed Session item is asked to complete a “Public Comments” card available in the Council Chamber Lobby. The completed card should be submitted to the City Clerk/Agency Secretary prior to the start of the Study Session/Closed Session meeting. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda.

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.

7:00 pm, City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend Elie Elbayadi, Arabic Evangelical Nazarene Church PLEDGE OF ALLEGIANCE Tom Tait, Public Works Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Chandler, Harbicht, Kovacic, Segal and Amundson

REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS

SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS

MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL

PRESENTATIONS a. Assemblymember Anthony Portantino: Annual “State of the State” Address. b. Presentation by the California Highway Patrol and Automobile Club of Southern California 10851 Award to Officer Brian Long. c. Proclamation presented to the Friends of the Arcadia Public Library designating October 17-23, 2010 as the Friends of Libraries week in Arcadia.

1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing.

CITY COUNCIL ITEMS: a. Adopt Resolution No. 6742 authorizing the Arcadia Police Department to use funds allocated from the Citizens’ Option for Public Safety-Supplemental Law Enforcement Services Fund (COPS-SLESF) for the purpose of front line police services. Recommended Action: Adopt

PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a “Public Comments” card available in the Council Chamber Lobby. The completed card should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session meeting. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda.

REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request that specific items be removed from the Consent Calendar for separate action.

CITY COUNCIL ITEMS: a. Adopt Ordinance No. 2277 amending the Arcadia Municipal Code by adding Section 7308 to Chapter 3 of Article VII pertaining to Street Excavations. Recommended Action: Adopt b. Adopt Resolution No. 6748 authorizing submittal of the Fiscal Year 2010-11 Transportation Development Act – Article 4 Claim Forms to receive Capital and Operating funds for Arcadia Transit. Recommended Action: Adopt c. Authorize the City Manager to execute a Professional Services Agreement with Civiltec Engineering Inc. for Structural Design Analysis of Baldwin Reservoir No. 2 and No. 3 in the amount of $76,617. Recommended Action: Approve d. Accept a grant from Target in the amount of $20,000 for Recreation and Community Services Department Concert in the Park Program. Recommended Action: Approve e. Adopt Fiscal Year 2011-2015 Short Range Transit Plan. Recommended Action: Adopt f. Reject the bids for a Vehicle Exhaust Extraction/Evacuation System for Fire Station No. 106 and direct staff to re-bid. Recommended Action: Approve g. Reject the bids for Street Striping and Pavement Marking Services and direct staff to re-bid the contract. Recommended Action: Approve

3. CITY MANAGER/EXECUTIVE DIRECTOR ITEMS: a. Introduce Ordinance No. 2278 amending Article VI (Businesses, Professions, Trades and Occupations) of the Arcadia Municipal Code to specify locations for outdoor Christmas tree and pumpkin sales. Recommended Action: Introduce b. Award a purchase order to McPeek’s Dodge of Anaheim for the purchase of two (2) 2010 Dodge Charger patrol units in the amount of $58,274.98. Recommended Action: Approve c. Authorize the City Manager to execute a Memorandum of Agreement with the Gateway Cities Council of Governments for oversight and development of the Los Angeles River Metals TMDL Site Specific Objective Studies. Recommended Action: Approve

ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, November 2, 2010, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.