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HomeMy WebLinkAboutItem 2a & b: Minutes of July 19, August 2 & August 16, 2011 53:0131 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JULY 19, 2011 CALL TO ORDER- Mayor Kovacic called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None STUDY SESSION/ CLOSED SESSION PUBLIC COMMENTS— None STUDY SESSION a. Report, discussion and direction regarding a Text Amendment to create a single Resolution for development standards, design guidelines and design review processes for all five of the City designated Homeowners' Association areas. Jason Kruckeberg, Assistant City Manager/Development Services Director reported that the proposed text amendment is for a new Resolution that would consolidate development standards, design guidelines and design review processes for all five of the current Homeowners Associations (HOA's) Resolutions into a new single resolution; and noted that the resolutions governing the HOA's were adopted by the City Council in 1971 and were last amended in 1986. Mr. Kruckeberg explained that all five resolutions had many similarities and that all five HOA's agreed that it would be more efficient to have one resolution that contain the regulations and development standards and a uniform set of design review process for all five HOA areas. Jim Kasama, Community Development Administrator provided a brief summary of the major changes being proposed (1) the addition of a new "Defined Neighborhood" section which will ensure that a new home or addition is designed to blend in with the immediate "neighborhood"; (2) the addition of new language which relates to the preservation of the "Streetscape" in the established neighborhoods and will ensure that any improvements visible from and along the streets, including fences, landscaping and hardscape do not change the character of the "Streetscape"; (3) the addition of "Minimum and Maximum" guidance which is to be used in relation to the mass and scale of structures which is another term for floor-area-ratio (FAR) and is intended to ensure that new developments are designed in a manner that is similar to existing structures in terms of mass and scale; (4) "Privacy and Views" is a new regulation which will ensure that a new home or addition will be situated as to reasonably protect the privacy and views of surrounding homes and yards; and (5) the "Short Review vs. Regular Review" procedures have been amended to clearly define the different scopes of projects; he indicated that the short review process will remain an administrative process in which the Architectural Review Board (ARB) Chairperson or designee reviews and acts on smaller projects such as single-story remodels or additions, or other minor improvements to a property provided that all owners of the neighborhood properties sign off; and the Regular Review process will still require a public hearing with notice sent to the owners of the neighborhood properties and will include all new homes, second-story additions and any project not eligible for the Short Review process; that both processes have 10 or 30 days to review the applications for completeness and decisions must be rendered only by the Chairperson or those ARB members that considered the applications; and that the Planning Commission and City Council will continue to function as the appellate bodies to the ARB decisions. 07-19-11 53:0132 Mayor Kovacic called for public comments. Richard Bowden of Bowden Development expressed his concerns regarding the proposed resolution; he felt that the resolution will stop development in the Lower Rancho area due to size reduction and gives all the decision making powers to the ARB's and no room for the applicant to appeal the decision of the ARB to the Planning Commission or City Council. Richard Frickie, Lower Rancho ARB Member stated that the ARB's goal is to protect the neighborhood from the large homes being built and to protect the privacy of the neighbors. Steve Mathison, Lower Rancho Santa Anita HOA Member spoke in favor of the "Guidance" provisions which ensures that new developments are designed in a manner that is similar to the mass and scale of existing structures. Hank Jong stated that his property is significantly larger than surrounding properties and expressed concerns regarding the size limit; he felt that the new limitations will have fundamental impacts on the value of his property; and commented that a big percentage of homes in his neighborhood have front facing garages. Bran Koehler, Upper Rancho HOA Member noted that front facing garages are discouraged but not set in stone; and that certain homes in the neighborhood were excluded from this guidance because of the lot size. Laurie Thompson, ARB Chairperson of the Santa Anita Village HOA addressed the front facing garage issue and felt the language needs to be amended to reflect the maximum allowable floor area based on the existing floor areas of the homes in the neighborhood; she thanked City for creating Single Family Design Guidelines and felt that it gives the components to constitute harmony and compatibility in the neighborhood. Daniel Garcia appeared and expressed concerns regarding compliance with ADA requirements. Dale Brown, ARB Member, Lower Rancho HOA spoke in favor of the proposed guidelines and felt it set parameters but continues to allow ARB's some flexibility to work with each project individually, based on its size and style. Fred Bowden, Bowden Development commented on the size of lots and the front facing garages; and clarified the appeal process to the Planning Commission and the City Council. Charles Huang felt that lots of the massiveness of a house can be hidden by proper design and landscaping. Ralph Bicker, Chairman, Highland Oaks HOA explained that for the past 25 years the Highland Oaks ARB had less than five applications that were appealed either to the Planning Commission or the City Council and that they preach highly in harmony and compatibility and try to work with the builders and the architects. Kevin Tomkins, President, Rancho Santa Anita Residents Association spoke in favor of the proposed Resolution and guidelines; he commended Mr. Mursol and Mr. Tong for the good job they have done in developing upper Arcadia; he pointed out that the ARB's spent a year and a half developing this document; that the goal is to have a document that standardize among all five 07-19-11 53:0133 associations; and does not think that this document gives the ARB's any more power than they currently have. Josh Mursol expressed concerns on giving ARB's or maybe a wrong person who will be member in the future, the power to stop negotiations between the builder and the association. Pam Oleander explained that the ARB's are appointed and are overseen by the Homeowners Association Board, are not independent and cannot independently make decisions on any project; she noted that everyone has to work together and has to be on the same page on any development project. Robert Tong, Architect, noted that he has worked with different HOA's and never had a problem. Mary Dougherty, President Santa Anita Oaks Association noted that all five of the designated HOA's tried to come up with some process that all agreed on, which is totally based on the City's adopted Architectural Design Review Guidelines. Mayor Pro Tern Harbicht expressed concerns regarding language in the proposed Resolution relating to "Defined Neighborhood", Maximum Guidance, landscaping and tree removal requirements; he felt the new Resolution contains dramatic changes from what currently exists and uses very specific terms; and would like to look into this very carefully and know the impacts that these changes will have to the community. Council Member Segal suggested that two Council Members form a sub-committee and meet with HOA and ARB members and talk it out. Following discussion and receiving comments from the public, it was the consensus of the City Council to bring the matter back for an additional Study Session at either the next or at an upcoming City Council meeting. The Study Session adjourned at 6:45 p.m. 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 Attorney William Floyd of Best Best & Krieger, LLP. 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. b. Pursuant to Government Code Section 54956.8 conference with real property negotiators: 07-19-11 53:0134 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 and Rusnak/Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment THE CITY COUNCIL/REDEVELOPMENT AGENCY CONVENED TO THE REGULAR MEETING Mayor/Agency Chair Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE — Newly Appointed Police Chief Bob Guthrie ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Stephen Deitsch announced that prior to the regular meeting, the City Council conducted a Study Session to hear a report from staff and discuss a proposed Text Amendment to create a single resolution for development standards, design guidelines and design review processes for all five of the City designated Homeowners' Association areas and after hearing a significant amount of public comments during the Study Session, the City Council decided to bring the matter back for an additional Study Session at either the next or an upcoming City Council meeting. In addition, Mr. Deitsch reported that the City Council and Redevelopment Agency Board met in a Closed Session in order to discuss and consider the two (2) Items listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS— Mr. Penman noted there were no supplemental agenda items. 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 to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of Believe in Arcadia...Volunteer! Award to Arcadia's Best Foundation. 07-19-11 53:0135 1. PUBLIC HEARINGS REDEVELOPMENT AGENCY ITEMS: a. Adoption of Resolution No. ARA-246 amending and adopting local guidelines for implementing the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). Recommended Action: Adopt CITY COUNCIL ITEMS: b. Adoption of Resolution No. 6782 amending and adopting local guidelines for implementing the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). Recommended Action: Adopt Jim Kasama, Community Development Administrator reported that the proposed 2011 California Environmental Quality Act (CEQA) Guidelines represent updates of the 2010 CEQA Guidelines adopted by the City Council and Agency Board in 2010; he advised that there have been amendments due to legislation and legal decisions and that a summary of the changes are provided in the memorandum from the City Attorney's office which is attached to the staff report; he noted that there were no changes to the proposed CEQA Guidelines that would significantly affect the City's processes; and that the City Attorney's office prepared the proposed updates and the appropriate resolutions for adoption by the City Council and Redevelopment Agency Board and recommended adoption. Mayor/Agency Chair Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Agency Member Chandler, seconded by Agency Member Harbicht and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Chandler seconded by Council Member Harbicht and carried on roll vote to adopt Resolution No. 6782 amending and adopting local guidelines for implementing the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). AYES: Council Member Chandler, Harbicht, Amundson Segal and Kovacic NOES: None ABSENT: None It was moved by Agency Member Segal seconded by Agency Member Harbicht and carried on roll call vote to adopt Redevelopment Agency Resolution No. ARA-246 amending and adopting local guidelines for implementing the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). AYES: Agency Member Segal, Harbicht, Amundson, Chandler and Kovacic NOES: None ABSENT: None 07-19-11 53:0136 c. Approve the Annual Weed Abatement Charge List. Recommended Action: Approve Jim Barrows, City Clerk reported that annually the County of Los Angeles Agricultural Commission/Weights and Measures abates weeds and rubbish from certain properties in the City of Arcadia and assesses an inspection and/or abatement fee on their property taxes; he noted that the County Agricultural Commission mailed notices of the public hearing to each property owner who was assessed a fee in order to afford them an opportunity to protest the assessed charge; and stated that the Weed Abatement Charge List must be approved by the City Council so the County Auditor can enter the assessments against the properties on the current tax rolls. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Harbicht, seconded by Council Member Segal and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to approve the Annual Weed Abatement Charge List so the County Auditor may enter the amounts of the respective assessments against the properties as they appear on the current assessment roll. AYES: Council Member Chandler, Segal, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None d. Authorize the utilization of a proposed 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $12,068 to help offset the personnel costs of a Youth Services Officer at Arcadia High School. Recommended Action: Approve Robert Guthrie, Chief of Police reported that the Arcadia Police Department applied for and received the 2011 U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance (JAG) grant in the amount of $12,068; he explained that the JAG grant allows local agencies to support a broad range of activities to prevent and control crimes based on local needs and conditions; and recommended utilizing the proposed grant funding help offset personnel costs of a Youth Services Officer (YSO) at Arcadia High School. He advised that the Youth and Educational Support (YES) Program was implemented in 2000 wherein the Arcadia Unified School District partnered with the City and agreed to co-fund a police officer position at the high school; and that the YSO has had a positive impact on the high school campus; that in 2010, JAG funding was made available to provide agencies with the flexibility to prioritize and place justice funds where they are needed most and was used to help fund the YSO position and indicated that funds have already been budgeted for the Youth Services Officer position in the 2011-12 budget and the $12,068 grant allocation will help offset the cost. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Amundson and seeing no further objection, Mayor Kovacic declared the public hearing closed. 07-19-11 53:0137 It was moved by Council Member Chandler seconded by Council Member Amundson and carried on roll call vote to authorize the utilization of the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $12,068 to help offset the personnel costs of a Youth Services Officer at Arcadia High School. AYES: Council Member Chandler, Amundson, Harbicht, Segal and Kovacic NOES: None ABSENT: None e. Adopt Resolution No. 6763 confirming the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2011-12. Recommended Action: Adopt Tom Tait, Public Works Services Director provided that as part of the Arcadia Citywide Lighting District formation, the City conducted a property owner protest ballot proceeding; he reported that at the July 5, 2011 meeting, the City Council adopted various resolutions which initiated the proceedings and declared the City's intention for the levy and collection of assessments within the Arcadia Citywide Lighting District No. 1 and declared its intention to conduct a public hearing for the levy and collection of assessments within the District for fiscal year 2011-12; that the Citywide Lighting District No. 1 was formed in 2010 for the purpose of funding in part, the on-going operation, maintenance and servicing of the City's street lighting system based on the proportional special benefits to properties within the City; that in an effort to ensure appropriate allocation of the District's annual street lighting costs based on proportional special benefits, the assessment methodology for the District was divided into two zones. He explained that Zone 1 are properties along major thoroughfares (arterial street lights) and Zone 2 is properties in residential neighborhoods (local street lights); that property owners in Zones 1 and 2 who have sparse lighting will pay 20% of what the annual rate is for that particular land use and properties in areas of the City that do not have street lighting will not be assessed. He indicated that the fiscal year 2011-12 Operation Budget for street lights increased 2.5% which was due to an increase in electricity and personnel costs; that City's total annual street lighting maintenance budget for fiscal year 2011-12 is $1,098,495 of which $878,446 has been determined to specially benefit properties within the District based on the assessment methodology; that the City will be contributing 61% or $669,284 and the property owners will pay the remaining 38% or $429,212; that for Zone 1, the annual assessment rate increase will be $0.42 (from $16.73 to $17.15) and Zone 2 will increase $0.71 cents (from $28.44 to $29.15); and he recommended that the City Council conduct the public hearing to receive comments regarding the annual levy and collection of assessments and adopt Resolution No. 6763 approving the Engineer's Report for the Arcadia Citywide Lighting District No. 1. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Harbicht, seconded by Council Member Segal and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Segal seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6763 confirming the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the assessment diagram connected therewith; and ordering the levy and collection of assessments for Fiscal Year 2011-12. 07-19-11 53:0138 AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None PUBLIC COMMENTS Ron Thee appeared and explained that the California Citizens Redistricting Commission is continuing to revise its redistricting maps for assembly, state senate and congressional districts; and is seeking assistance by the July 28th public comment deadline date to speak on Arcadia's behalf regarding the maps; he passed out alternative maps to the City Council configured by Brian Fuller to balance the population deviation in redistricting and redrawing "communities of interest" with feasible legislative lines; and offered his services to the City as a volunteer. Carter Spruill, Chairperson of the 2011 Relay for Life introduced Andrea Sweet with the American Cancer Society and Beth Goldberg who will be next year's Relay for Life Chairperson; he distributed programs to the City Council from the event and reported that this year's Relay for Life raised over $127,000; he presented the Arcadia Fire Fighters Association with a plaque for raising over $4,000; he presented the Arcadia Police Officers Association with a plaque for raising well over $6,000 and a certificate for being one of the top five fundraising teams in the Arcadia event and presented the City and City Council with a plaque for supporting Relay for Life in Arcadia; and he thanked Ken Herman for all his help on the logistical side of the event. Dirk L. Hudson appeared and commented on the redistricting and supported comments made by Mr. Thee and discussed the processes and common geographical interests. Daniel Garcia of Community Rehabilitation Services appeared and discussed assistive technology devices and computer advocacy services; he indicated that his company provides leadership classes for persons who want to become empowered and learn how to be a leader in their community, he commented on inaccessible curb cuts and inaccessible ramps and requested a map of the City showing where curb cuts are located and emergency preparedness plans for the handicapped; and commented on accessibility to the museum and redevelopment projects. Mayor Kovacic referred Mr. Garcia to Fire Chief Trabbie and Police Chief Guthrie for information regarding emergency preparedness plans for the handicapped. At the request of Mr. Penman, Mr. Schwartz responded that the new senior project will have accessible units. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler congratulated Mr. Penman on the police chief selection process and his appointment of Bob Guthrie as the City's new Police Chief. Council Member Segal congratulated the American Cancer Society and the Relay for Life for their accomplishment in Arcadia; he noted that Relay for Life raises over $32 million throughout the State of California and congratulated everyone who participated; he also congratulated Bob Guthrie on his appointment as Police Chief; and announced that he is looking forward to former Police Chief Sanderson's retirement party next Thursday, July 28`h 07-19-11 53:0139 Council Member Amundson also welcomed and congratulated Police Chief Bob Guthrie on his appointment; he announced that he attended the 20 year anniversary of the Community Center; he commented on the Home Town Heroes project and the on-going project at the museum where they are trying record stories of the veterans. Mayor Pro Tern Harbicht also congratulated Bob Guthrie on his appointment as Police Chief; he noted that Mr. Garcia has attended several City Council meetings concerning ADA and handicap accessibility and wanted to assure everyone that the City does enforce the Americans with Disabilities Act to the letter of the law and did not want anyone to think differently; he discussed the Gold Line Station and its impact and would like to see a study session regarding the future of the Gold Line in the next 3 months and requested City Council support. Mayor Kovacic and Council Member Segal agreed. Mr. Penman advised that he will solicit the City Council on future dates and stated that a chronology of what the City Council has already approved and what has been done to date will be prepared. City Clerk Barrows announced that he also attended the 20 year anniversary of the Community Center; he congratulated Sara Somogyi, Ryan Wright and Dan Belling on a job well done; he noted that he has been a volunteer at the Police Department for the past 11 years and has worked with and for Bob Guthrie and congratulated him on his appointment as Police Chief; he commended the quick response of Public Works regarding a notebook that was found in a tree in front of City Hall and thanked Tom Tait and his staff and everyone for making Arcadia what it is. Mayor Kovacic acknowledged the life of Officer Albert Mathias who was the only Arcadia Police officer in the department's history to be killed in the line of duty on July 19, 1927 at 12:07 a.m.; he stated that the Arcadia Police Officers Association celebrated his life on July 18 by standing post throughout the day until the time Office Mathias died on July 19th at 12:07 a.m.; he announced that the Mariachi Divas will be performing at Thursday's concert in the park and encouraged everyone to attend; he noted that anonymous complaints are received and encouraged individuals to sign the letters and put their address so that a response can be sent; and he addressed a request from Rotary for establishing a community garden. Mayor Pro Tern Harbicht recommended the community garden matter be scheduled for discussion at a future study session in order to obtain additional information. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Approve the Meeting Minutes of June 21 and July 5, 2011. Recommended Action: Approve b. Authorize the City Manger to execute a contract with Gentry Brothers Inc. for the Street Rehabilitation of Westbound Huntington Drive in the amount of $462,930 and authorize a 10% contingency. Recommended Action: Approve c. Accept all work performed by S.J. Grigolla Construction, Inc. for the street rehabilitation work with Stone Pine trees as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve 07-19-11 53:0140 d. Authorize the City Manager to execute a one (1) year contract extension with D & J Foothill Electrical Contractors, Inc. for electrical repairs and preventative maintenance at various City facilities in the amount of$112,910. Recommended Action: Approve e. Accept all work performed by Silvia Construction Inc. for the Street Rehabilitation of Santa Anita Avenue from Camino Real Avenue to Longden Avenue, Duarte Road to Christina Street and from Foothill Boulevard to 1-210 Freeway as complete. Recommended Action: Approve f. Authorize the City Manager to approve a three (3) month contract extension for the purchase of motor vehicle fuel from Southern Counties Oil dba: SC Fuels, Inc. in the amount not to exceed $75,000 through October 1, 2011. Recommended Action: Approve In response to a question raised by Council Member Amundson regarding Consent Item b, Mr. Wray explained how arterial streets are rated and how they come up with a pavement index. Mayor Pro Tern Harbicht noted that he was riding his bike on Hacienda Drive and it felt that the top of the street was not connected to the bottom because his bike was flexing. It was moved by Council Member Segal seconded by Council Member Harbicht and carried on roll call vote to approve Consent Calendar items 2.a through 2.f. AYES: Council Member Segal, Harbicht, Amundson, Chandler, and Kovacic NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Report, discussion and direction regarding the composition of Arcadia Historical Museum Commission. Recommended Action: Provide direction Mr. Penman reported that at the June 7 meeting, the City Council directed staff to bring back a report to consider changing the composition and process of selecting members to the Arcadia Historical Museum Commission including the option of reducing the number of members; he explained the change was prompted by a change in direction by the Arcadia Historical Society since they have decided to broaden their mission; he stated that the Commission, which consists of seven (7) members was established in November 2001 for purposes of advising the City Council on matters relating to the operation of the Ruth and Charles Gilb Arcadia Historical Museum; that the concept originally was the Historical Society would operate the Museum but it became apparent the Society did not have the capacity as a volunteer organization to manage the Museum and maintain regular operating hours; that a decision was made by the City Council that the City would operate the Museum even though the Society would maintain an active role in the operation of the facility, so the Arcadia Historical Museum Commission was created by Ordinance No. 2151 and established that four (4) of the seven (7) members would be suggested by the Society to the City Council for consideration, one (1) from the Library Board of Trustees and two (2) appointed by the City Council. Mr. Penman provided alternatives for City Council consideration. 07-19-11 53:0141 Council Member Segal announced that even though the City Attorney has advised him that he does not have a financial conflict, his wife serves on the Historical Museum and to avoid any appearance of a conflict, Mr. Segal excused himself from the dais and left the room. Council Member Chandler proposed that the appointments by the Historical Society be eliminated and given to the City Council; and stated that he is in favor of reducing the size of the Commission to five (5) members effective June 30, 2014. Mayor Harbicht proposed that the Commission be reduced to five (5) members effective June 30, 2012 and that all appointments be made by the City Council. Mayor Kovacic indicated that he had no problem with the City Council making the Commission appointments, however would like to see the number of members remain at seven (7). Council Member Amundson also agreed to reducing the number of members to five (5). It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to reduce the Arcadia Historical Museum from seven (7) to five (5) members effective June 30, 2012; and in June 2014 one (1) appointment should be made for a two (2) year term. AYES: Council Member Harbicht, Chandler, Amundson, and Kovacic NOES: Council Member Kovacic (reduce from seven (7)to five (5) members) ABSENT: None ABSTAIN: Council Member Segal b. Introduce Ordinance No. 2286 determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Arcadia Redevelopment Agency. Recommended Action: Introduce Jerry Schwartz, Economic Development Manager reported that as part of the State budget for FY 2011-2012, the Governor signed two trailer bills AB X1 26 eliminating redevelopment agencies throughout the State as of October 1, 2011 and AB X1 27 which allows redevelopment agencies to be reestablished if the City Council adopts an ordinance agreeing to make payments each year that would be distributed to schools and special districts. He provided a brief report on the projects the Agency is currently undertaking; he explained that AB 1X 26 dissolves all redevelopment agencies as of October 1, 2011 and calls into question the validity of Agency Agreements made after January 1, 2011; and stated that if the City Council does not adopt an ordinance and the Agency dissolves October 1, 2011, a successor agency would be established and the City could be the successor agency; and explained the process to dissolve the Agency and the requirements of the successor agency; that in order for the Agency to remain operating as it currently does, the City must adopt Ordinance No. 2286 agreeing to the Alternative Voluntary Redevelopment Program under AB X1 27; and that the Community Redevelopment Association (CRA) is filing a lawsuit to stop the implementation of AB X1 26 and AB IX1 27 on constitutional grounds and the ordinance is being introduced tonight under protest. Mr. Schwartz added that if Ordinance No, 2286 is adopted, the City would be committed to making a special payment each year which would go to schools and special districts and that the estimated payment in fiscal year 2011-12 is $1,482,920; that the City would have to enter into an agreement with the Redevelopment Agency to have it make the payments to the City to cover the costs of the 07-19-11 53:0142 special payments and under AB X1 27, the Agency would be able to continue its normal operations which could include projects that would generate new revenue to the City's General Fund. He explained that if the City does not proceed with the adoption of the Ordinance, the Redevelopment Agency would be dissolved October 1, 2011 which would immediately and permanently suspend any activity by the Agency and the process to dissolve the Agency would begin; and noted that the elimination of the Redevelopment Agency would impact future General Fund revenues that could be generated from redevelopment projects. City Attorney Steve Deitsch explained that the payment by the low and moderate income housing fund is applicable solely to the upcoming year, not thereafter; that it is a one time opportunity to use low and moderate funds for that purpose; he added that it is possible to appeal the findings by Department of Finance regarding the amount of payment due the first year and subsequent payments thereafter; that the one basis for making an appeal might be that the Redevelopment Agency issued Redevelopment Tax Allocation Bonds last year and may not be reflected in the Department of Finance determination of Arcadia's obligation because under AB 26 and 27 that calculation by the Department of Finance is based upon the year 2008-09 property tax increment collection and did not reflect subsequent issuance by the agency last year of tax allocation bonds. Regarding a raised by Council Member Harbicht, Mr. Deitsch responded that Section 3 and Section 4 of the ordinance, Section 3 provides that the payment is made under protest which means that the City of Arcadia and indirectly the Arcadia Redevelopment Agency reserve their right to demand a refund if for any reason it is determined that the payment is unlawful; and in Section 4 of the Ordinance, it provides that if a stay is granted by the court such that the payment does not have to be made or if ultimately a court determines that any future payment is unlawful, like unconstitutional, then the agency once again is deemed to have rescinded in effect this adoption of the ordinance. Mr. Deitsch also indicated that the first year payment is about four (4) times the second years payment, the ransom second year will be reduced to approximately one quarter (1/4) of the amount of the first years payment; and that AB 27 does require annual payments thereafter and there is reasonable assumption that annual payments in future years might be somewhat equivalent to what the payment would be in the second year. He added that there is no guarantee, that the payment could go up and down; the state legislature can change the amount of the payment in future years which is something that would be considered at that time; and relative to adoption of this Ordinance, and at any time in the future the City determines not to make any annual future payment then in affect by reason of so doing the Ordinance will automatically be deemed to have been rescinded and the Redevelopment Agency will no longer remain in full force and effect at that time. It was moved by Council Member Harbicht seconded by Council Member Amundson and carried on roll call vote to introduce Ordinance No. 2286 determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Arcadia Redevelopment Agency. AYES: Council Member Harbicht, Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: None c. Report, discussion and direction regarding the proposed Congressional, State Assembly, State Senate and Board of Equalization Redistricting. Recommended Action: Receive and file or provide direction 07-19-11 53:0143 Linda Garcia, Special Projects Manager reported that at the July 5, 2011, the City Council directed staff to place on the agenda the matter of redistricting and how the City and/or individual Council Members can make their opinion known regarding the new boundary lines that are being drawn; she explained the process for the City Council to either receive and file the report and potentially provide comments to the Redistricting Commission as individuals or to direct staff to communicate with the Commission on behalf of the City of Arcadia; she indicated that public comments will be accepted until July 28th'and that comments intended to effectuate change to the maps should be submitted by July 22"d; and added that staff prepared a letter expressing the City Council's opposition to the proposed redistricting that would separate Arcadia from its neighboring foothill communities in the San Gabriel Valley. Mayor Pro Tem Harbicht felt that the proposed Congressional, State Assembly and State Senate redistricting map does not make any sense; that putting Arcadia and San Marino with Bell, Bell Gardens, Maywood and Vernon when there is no community interest is wrong; and that he is in favor of sending the letter to the Redistricting Commission and hope something comes up. Mayor Kovacic suggested a revision to the third bullet point of the draft letter to read "our connection and similarities with foothill communities extends to educational and employment opportunities, media and communication resources, environmental matters, economic development issues, recreation and cultural activities and demographics." It was moved by Council Member Harbicht seconded by Council Member Amundson and carried on roll call vote to send the opposition letter prepared by staff, as revised by Mayor Kovacic, to the California Redistricting Commission. AYES: Council Member Harbicht, Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:55 p.m. to Tuesday, August 2, 2011 at 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk 11.,61 By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 07-19-11 53:0144 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 2, 2011 CALL TO ORDER- Mayor Kovacic called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None CLOSED SESSION PUBLIC COMMENTS— No one appeared. 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 Attorney William Floyd of Best Best & Krieger, LLP. 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. 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 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 and Rusnak/Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment c. Pursuant to Government Code Section 54957 regarding Public Appointment. Title: City Manager THE CITY COUNCIL/REDEVELOPMENT AGENCY CONVENED TO OPEN SESSION Mayor/Agency Chair Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Elie Elbayadi, Arabic Evangelical Nazarene Church PLEDGE OF ALLEGIANCE — Jerry Selmer, Human Resources Commissioner 08-02-11 53:0145 ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Stephen Deitsch announced that prior to the regular meeting, the City Council and Redevelopment Agency Board met in a Closed Session to consider the three (3) items listed on the posted agenda, no reportable action was taken. Mr. Deitsch reported that Item c regarding the appointment of a new City Manager, the City Manager Don Penman announced his upcoming retirement; the City Council established a sub- committee comprised of Mayor Kovacic and Mayor Pro Tern Harbicht to search for a firm that would conduct the recruitment of a new City Manager for the City; and the sub-committee would bring back a recommendation on the selection of a recruitment firm to City Council. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman reported that a revised exhibit regarding Public Hearing item 1.a (Congestion Management Program) was distributed to the City Council which will be discussed under that item; and correspondence from the Mayor of the City of Monrovia was received asking Arcadia if they were interested in participating in sending a "thank you" message to Senator Huff, Assembly Members Portantino and Donnelly; he announced the need to take immediate action on this item is that Monrovia would like to distribute the message to the media tomorrow; he advised the City Council that in order to add this item to the agenda and take action, the City Council must first make two (2) findings (1) that there is a need to take immediate action; and (2) the need to take action arose after the agenda was posted; he asked the City Council if they would like to make the two findings and add the item to the agenda for action. City Attorney Deitsch confirmed that in order to add an item to the agenda the City Council must make the two (2) findings by a 2/3rd vote (four affirmative votes) based on the findings. Mayor Kovacic polled the City Council and received four (4) affirmative votes to add the item to the agenda as City Manager Item 3.b. 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 to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of the "Believe in Arcadia Volunteer!" Certificate to the Friends of the Library. 08-02-11 53:0146 1. PUBLIC HEARINGS CITY COUNCIL ITEMS: a. Adopt Resolution No. 6784 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government Code Section 65089. Recommended Action: Adopt Community Development Administrator Jim Kasama reported that every city in the State of California is required annually to submit a Local Development Report (LDR) and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program (CMP). He explained that the CMP was developed in response to the passage of Proposition 111 in 1990 which provided an increase in the State Gas Tax to fund regional transportation improvements and included the CMP to monitor regional transportation conditions; and that conformance with the CMP assures that local agencies are providing transportation improvements to offset traffic congestion resulting from new development; and if a City is not in conformance with the CMP, the City's share of Gas Tax increase provided by Proposition 111 may be withheld and allocated to the County to use on regional transportation projects. Mr. Kasama noted a correction on the 2011 CMP Local Development Report which was distributed to the City Council in advance of the meeting showed that the 43 unit Campus Common Senior Affordable Housing Project was exempt from Congestion Management requirements and should not have been included as a new multi-family residential development; and that the correction reduces the total number of multiple family residential units for Congestion Management reporting purposes to only nine and makes the net multi-family units zero for this reporting year. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Harbicht, seconded by Council Member Chandler and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6784 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report in accordance with California Government Code Section 65089; and It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to direct the City Clerk to transmit a fully executed copy of Resolution No. 6784 and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2011. AYES: Council Member Segal, Harbicht, Chandler, Amundson, and Kovacic NOES: None ABSENT: None PUBLIC COMMENTS — No one appeared. 08-02-11 53:0147 REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Amundson mentioned the Gold Line construction and the new Downtown area the City is working on; he commented on traffic delays on Westbound Huntington Drive due to construction and encouraged everyone to use alternate routes; he acknowledged a letter received from a resident thanking the City for the Home Improvement Program and reminded residents that there is information on the City's website for home improvements; and he announced the Blue Star Program for families with a family member on active duty oversees and encouraged residents who have a family member on active duty to contact the City and get a blue star poster. Mayor Pro Tem Harbicht commented on the City's monthly investment report and noted an overall decline in tax revenues and low annual yields. Council Member Chandler announced that he attended the retirement party for former Police Chief Bob Sanderson and thanked Santa Anita Race Track for a great event; he congratulated Police Chief Bob Guthrie on his appointment as Police Chief; and commented on Mr. Penman's upcoming retirement and stated that the City Council will continue using Mr. Penman's expertise until a new City Manager is appointed. Council Member Segal congratulated former Police Chief Bob Sanderson on his retirement and expressed appreciation to the Santa Anita Race Track for a wonderful event and wished Bob well in his retirement; and he thanked City Manager Don Penman for all his years of service and is looking forward to his guidance and help in finding a replacement. City Clerk Barrows reminded everyone of the National Night Out and invited everyone to attend to help celebrate Arcadia's 108th Birthday on Thursday August 4th. Mayor Kovacic echoed Council Member Amundson's comments regarding the City's Home Improvement Program and the letter received, but added that the recipient expressed special appreciation to Ms. Beatrice Picon for her patience, who skillfully and competently guided them through the application process; he also mentioned the Blue Star Program and the Operation Hometown Heroes Program that recognizes Arcadian's who are currently serving in all branches of the armed forces and provided contact information for anyone who has questions or would like additional information; he announced the County of Los Angeles Hazardous Waste and E-Waste Roundup on Saturday, August 20, 2011 at the Santa Anita Race Track; and reported that the construction of the Performing Arts Center at Arcadia High School which was funded with Measure I money is expected to be completed by the fall of 2012. In response to a question raised by Mayor Kovacic regarding a joint meeting of the City Council and Arcadia Unified School Board, Mr. Penman responded that a joint meeting with the School District has been scheduled for the 5th Tuesday of January 2012 and that no meeting date has been scheduled with the Sierra Madre City Council. Mayor Kovacic invited Police Chief Guthrie to provide information regarding the recent hot prowl burglaries. 08-02-11 53:0148 Police Chief Bob Guthrie provided a brief report regarding the hot prowl burglaries in the last 3 weeks; he explained that hot prowl burglaries are when someone breaks into someone's home while the residents are in the house and in all cases, the resident's were sleeping; that the burglaries occurred in the late night and early morning hours; he noted that this is not uncommon during the summer months when doors are left unlocked and windows are left ajar; he provided a brief description of the suspect and reminded residents to lock their doors and close the windows and encouraged residents to call 911 if they hear or see anything suspicious. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Adopt Resolution No. 6785 for paying and reporting the value of Employer Paid Member Contributions (Safety Employees). Recommended Action: Adopt b. Adopt Ordinance No. 2286 determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Arcadia Redevelopment Agency. Recommended Action: Adopt c. Accept all work performed by Martinez Concrete Inc. for the Sidewalk Accessibility/Handicap Ramp Improvements on Alice and Lucile Streets as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve d. Authorize the City Manager to execute a three (3) year agreement with Methodist Hospital of Southern California to provide physicals for City employees. Recommended Action: Approve e. Authorize the City Manager to execute a one (1) year contract extension with CLS Landscape Management, Inc., for Tree Trimming Maintenance Services in the amount of$278,110. Recommended Action: Approve Mayor Kovacic announced that he will abstain from voting on Consent Calendar Item 2.e as he has done in the past; he explained that his law firm represented CLS Landscape Management in an unrelated matter several years ago and in the interest of avoiding any appearance of impropriety he will abstain from voting on Consent Calendar Item 2.e. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.e. AYES: Council Member Chandler, Amundson, Harbicht, Segal, and Kovacic NOES: None ABSENT: None ABSTAIN: Council Member Kovacic (Consent Calendar Item 2.e) 08-02-11 53:0149 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Report, discussion and direction regarding possible use of City property for a Community Garden. Recommended Action: Provide direction Jason Kruckeberg, Assistant City Manager/Development Services Director reported that a letter was received from the Arcadia Rotary Club requesting assistance in identifying potential City-owned property that might be used to develop a community garden; he advised that the idea of promoting a community garden was raised at several forums during the development of the General Plan and looked on favorably by those involved in the process; he explained that there are several properties that may be appropriate for such a use and provided examples of the different types of community garden uses; he stated that community gardens can range from very large plots where space is rented through an organization to small temporary plots which can be used for educational purposes or classes; that for a large community garden, staff identified two potential locations (1) the abandoned well site located at the northwest corner of Michillinda and Hugo Reid, south of Hugo Reid Park; and (2) Fairview Park, an unimproved park with mainly grass and trees and a few benches and runs between Fairview and Arcadia Street east of La Cadena; and that to develop a garden that is more modest in scale, there are additional options such as the southwestern corner of the library property, between the public parking lot and the hedge separating the staff parking area and the shuffleboard court area behind the Community Center. Mr. Kruckeberg added that once a concept and location are developed, there are many issues to be discussed including start up costs, maintenance, security, hours of operation, insurance, management, and membership, etc. and requested City Council direction; he indicated that Arcadia Rotary President Brad Miller and Los Angeles County Arboretum CEO Richard Schulhof were present to answer questions the City Council may have regarding the request for a Community Garden. In response to a question raised by Council Member Chandler regarding the Arboretum's involvement, Dr. Schulhof responded that the Arboretum is very committed to local food production and vegetable gardening as a means of education about live science and environmental sustainability; he felt that this is a great way of reaching out to the community; it provides residents who do not have access to land to grow vegetables; and noted that community gardens have been very successful in areas where there are apartments or condominiums and feels that there will be a lot of public interest in growing vegetables. Council Member Chandler indicated that he is not in favor of designating City-owned land for a community garden and expressed concerns regarding maintenance, security and liability issues. Council Member Segal indicated that there should be feasible studies before the City Council takes any action on the project; and expressed concern regarding use of staff time at this time when there is no formal proposal. In response to a question raised by Mr. Penman, Mr. Kruckeberg indicated that the request is for the City Council to authorize staff to assist in the search for a site once a concept is developed; that staff would need to review land use issues around each site including size and what improvements would need to be made such as removal of concrete or trees. In response to a question raised by Mayor Kovacic regarding use of the community garden, Dr. Schulhof responded that individual parcels are assigned to families to grow whatever they want to grow and are responsible for that parcel. 08-02-11 53:0150 In response to a question raised by Council Member Amundson regarding Fairview Park, Mr. Kruckeberg stated that there is no active equipment at Fairview Park; it is green space that runs between two streets; that there are only benches there and believes the Park is used by residents. Sara Somogyi, Director of Recreation and Community Services reported that there are no active recreation programs at Fairview Park; and the Park is mainly used by individuals who live in the area who walk their dogs through the Park or sit on the benches. Mayor Pro Tern Harbicht indicated that he would like to see the City Council consider designating city owned land for the purpose of a community garden, but would like to see a proposal; that a garden at Fairview Park might be useful to the residents who live in the surrounding apartments or condominiums and is willing to designate a portion of Fairview Park on a pilot bases. He indicated that if the project was approved, he would like it to be clear that the land is on loan and the City would be able to recall it if it is needed by the City or if the City decides that the project is not working out; and he asked the City Council for their thoughts on the possibility of designating a portion of the park for a community garden. Mayor Kovacic agreed with Mayor Pro Tem Harbicht's comments and suggestions and indicated that he is open to the possibility. Council Member Amundson indicated that he does not want to commit the entire park for a community garden. Council Member Segal indicated that if Fairview Park is the location for a community garden, he would like to see those residents in the area surveyed regarding their interest in using a portion of Fairview Park as a community garden. It was moved by Mayor Pro tern Harbicht, seconded by Council Member Segal and carried on roll call vote that the City Council set aside some public land for a community garden; that the applicant bring back a specific proposal for consideration by the City Council at a future meeting; that resident's in the area be surveyed regarding the use of Fairview Park as a community garden; and that no additional staff time be spent on research until a proposal is submitted by the applicant. AYES: Council Member Harbicht, Segal, Amundson and Kovacic NOES: Council Member Chandler ABSENT: None b. Communication from Mayor and City Council Members of the City of Monrovia thanking Senator Bob Huff, Assembly Members Anthony Portantino and Tim Donnelly for supporting local Redevelopment Agencies. City Manager Penman reported that at the beginning of the meeting the City Council voted to add this item to the agenda by making two (2) findings required by the law; he stated that the City received communication from the Mayor of the City of Monrovia asking for City Council support on sending a message to Senator Bob Huff, Assembly Members Anthony Portantino and Tim Donnelly thanking them for their support in opposing the elimination of redevelopment; and if the City Council supports the message, Arcadia's name would appear on a list that would be published through various media sources. City Attorney Deitsch confirmed that the letter would not have any impact on any pending litigation. 08-02-11 53:0151 It was moved by Mayor Pro Tern Harbicht, seconded by Council Member Chandler and carried on roll call vote to table the request from the Mayor of the City of Monrovia to support a "thank you" message to Senator Bob Huff, Assembly Members Anthony Portantino and Tim Donnelly for opposing the elimination of redevelopment. AYES: Council/Agency Member Harbicht, Chandler, Amundson, Segal, and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:18 p.m. to Tuesday, August 16, 2011 at 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk /1.,61 (11,0A-A. By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 08-02-11 53:0151 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 16, 2011 CALL TO ORDER - Mayor Kovacic called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None CLOSED SESSION/STUDEY SESSION PUBLIC COMMENTS — No one appeared. 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 Attorney William Floyd of Best Best & Krieger, LLP. 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 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 and Rusnak/Arcadia (Paul Rusnak) Under Negotiation: Price and Terms of Payment STUDY SESSION a. Discussion of Gold Line project status — City's commitments and progress review. Jason Kruckeberg, Assistant City Manager/Development Services Director provided a brief overview of the Gold Line project including a chronology of timelines of previous staff presentations and City Council action since January 2010; he indicated that all actions taken by the City Council to date are related to the main alignment phase which consists of the tracks, street crossings bridges and stations; and that through City Council actions, the City finalized its upgrade commitments in the form of the Santa Anita Avenue Bridge, the lengthening of the Colorado Boulevard Bridge and enhancements to the station hand railings and benches with a "Santa Anita Park" theme; and reported that the Metro Gold Line Construction Authority Board awarded the design/build contract for the mail alignment to Kiewit-Parsons dba Foothill Constructors on July 27, 2011 and that work is set to begin. 08-16-11 53:0152 Philip Wray, Deputy Director of Development Services/City Engineer commented on the items controlled by the Gold Line and the City with opportunities for the City's involvement; he reported that the last phase of work for the Authority to administer is the parking structure which is preliminarily planned to have one level above the ground; that the City will still have an opportunity to consider upgrades to the exterior surface of the structure to improve the appearance; that the triangular parcel east of the Gold Line parking structure is expected to be deemed unusable to the Authority and have recommended that the City take on the development and maintenance; he reminded the City Council that the City applied for and received an MTA grant to improve the aesthetics of the site; and added that the design and makeup of the transit plaza would be determined through the grant project; and noted the City was given the opportunity to install custom inlays on the Santa Anita Avenue Bridge abutment and on the retaining wall along Indiana Street. Mr. Wray advised that the report was just an update on the status of the Gold Line Project and no action was required at this time. The City Council received and filed the report and requested staff to continue working with the Gold Line Authority and keep them updated on the progress of the Gold Line Project. THE CITY COUNCIL/REDEVELOPMENT AGENCY CONVENED TO OPEN SESSION Mayor/Agency Chair Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Stephen Wilson, Church of the Good Shepherd PLEDGE OF ALLEGIANCE — John Diehl, President of the Arcadia Girls Softball Association ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Segal and Kovacic ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Stephen Deitsch reported that prior to the regular meeting, the City Council and Redevelopment Agency Board met in Closed Session to consider the two (2) items listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported the City Council and Redevelopment Agency Board also met in a Study Session prior to the regular meeting to hear a report from staff regarding the status of the Gold Line Project and the City's commitments and was directed by the City Council to report back periodically regarding the progress of the Gold Line Project. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman announced that Item 2.a regarding impasse negotiations between the City and the Arcadia Police Civilian Employees Association (APCEA) is pulled from the agenda; and noted that items distributed to the City Council was a fully executed Memorandum of Understanding with the Arcadia Police Civilian Employees Association regarding Item 2.i; and revised pages to the Arcadia Firefighters' Association Memorandum of Understanding regarding Item 2.h. 08-16-11 53:0153 Mr. Penman requested that Arcadia Redevelopment Agency Resolution No. ARA 247 be added to the agenda as Item 2.k for City Council action regarding recent action by the State Supreme Court regarding redevelopment. As requested by Mr. Penman, City Attorney Steve Deitsch advised that Item 2.k is a Redevelopment Agency item for consideration of the adoption of Resolution No. ARA 247 approving and adopting an enforceable obligation payment schedule pursuant to Assembly Bill 1 X 26; and that based on action by the California Supreme Court last Thursday, the Court imposed a stay upon two budget related bills pertaining to redevelopment agencies, Assembly Bill 26 and 27 signed into law by the Governor on June 29, 2011; that the stay imposed by the Supreme Court caused the recommendation to add Resolution No. ARA 247 regarding the proposed adoption of an enforceable obligation payment schedule which under Assembly Bill 26 is required to enable the redevelopment agency to continue meeting certain payment obligations under contract; and that in order to add this item to the agenda and take action, the Agency Board must first make two (2) findings (1) that there is a need to take immediate action because tonight is the last regular meeting of the Redevelopment Agency before the deadline of August 26, 2011 for adopting the enforceable obligation payment schedule; and (2) that the need to take action arose after the agenda was posted because of the timeline between the Supreme Court imposing the stay and the posting of the agenda. He added that in order to add Resolution No. ARA 247 to the agenda, the Agency Board must make the two findings by a 2/3rd vote (four affirmative votes) to take immediate action. Four votes were cast in both findings. It was moved by Agency Member Harbicht, seconded by Agency Member Amundson and carried on roll call vote to approve the two (2) findings as outlined by the City Attorney and add Resolution No. ARA 247 approving and adopting an Enforceable Obligation Payment Schedule pursuant to AB 1X 26 to the agenda as City Manager Item 2.k as an urgency item. AYES: Agency Member Harbicht, Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: None 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 to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation to the Arcadia Fire Department by Methodist Hospital Foundation. b. Presentation of Certificates to the Arcadia 14 and Under and 12 and Under Girls All Star Softball Teams. PUBLIC COMMENTS Norma Gharib an Arcadia resident appeared and expressed her concerns that Camino Grove Park on 6th Avenue has become a dog park; that she no longer takes her grandchildren to the park because dogs are constantly running at large with and without leashes and are not in control of the owner which she noted is a violation of the Arcadia Municipal Code; she indicated that the dogs are sometimes aggressive, they jump on the tables and playground equipment; and indicated that she 08-16-11 53:0154 and her neighbors have called the Police Department and Parks and Recreation many times and cannot get the problem resolved. She submitted photographs. Mr. Penman responded that staff will look into the matter and respond to her concerns. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Amundson noted the construction on Huntington Drive and other areas in the City and urged everyone to take alternate routes; he commented on the hot prowl burglaries and urged residents to take precaution; and noted the contracts on the agenda with employees and commended staff on their hard work. Mayor Pro Tem Harbicht stated that 10-11 years ago the residents of Arcadia voted on a bond issue to build a new police station and every year the City has to establish the tax rate to service those bonds and was pleased to report that the resolution on the agenda determining the amount of revenue to pay debt service on the City's general obligation bonds was almost exactly half of what it was when the bonds were originally issued; he felt the reason is that Arcadia property values continue to increase despite what is happening to the housing market in America that Arcadia property values have not been affected; he thanked the Library Foundation on behalf of the City Council for the gift of $21,610 for summer reading programs and services at the Library; and announced the Tip a Cop event where Arcadia Police officers will be volunteering as servers at Arcadia Wood Ranch in the Mall on August 24th and encouraged everyone to attend and tip generously because all proceeds will be donated to Special Olympics; and he thanked all the police officers who volunteered for this event on their own time. Council Member Chandler congratulated Fire Chief Trabbie and the Arcadia Fire Department staff on their relationship with Methodist Hospital and congratulated the girl's softball teams. Council Member Segal also congratulated the girls softball teams on their accomplishment; he congratulated staff and the negotiating teams on a job well done on what was accomplished in reaching agreements with the various bargaining groups in the City; he also congratulated the City Council, the unions and Mr. Floyd; and noted what was accomplished was extremely unique and was not sure there are many other cities in Southern California who will accomplish what Arcadia did. City Clerk Barrows noted that the last concert of the series is August 18th which is a tribute to the Beach Boys and reminded everyone that school begins on August 30th and August 31st and that everyone should be extra careful around the schools when the kids are present. Mayor Kovacic reported that he participated in a press conference with Mr. Penman and Mr. Harbicht last Wednesday and it was announced that the 2012 Breeder's Cup was coming to Arcadia; he noted that when the Breeders Cup was in Arcadia in 2009, the total economic output was over $60 million, 600 additional jobs and over $3 million in tax revenue; and added that Los Angeles Mayor Antonio Villaraigosa and California Horse Racing Board Member Bo Derek were also in attendance at the press conference. He announced that Foothill Unity Center is having its annual back to school distribution at the Race Track on August 18; the last concert is on Thursday, August 18th; a Household Hazardous Waste and E-Waste Roundup on Saturday, August 20, 2011 at the Santa Anita Race Track; and the Tip a Cop event at Arcadia Wood Ranch at the Mall on August 24, 2011 with all proceeds going to Special Olympics. He noted the 10th anniversary of 9/11 is coming up and the City together with the Police and Fire Departments and police and fire 08-16-11 53:0155 associations are planning some events to commemorate that date and that an announcement will be distributed soon on how individuals can pay tribute. 1. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Adopt Resolution No. 6783 determining the amount of revenue to be raised from property taxes for Fiscal Year 2011-2012 to pay for the debt services on the City's General Obligation Bonds. Recommended Action: Adopt b. Accept donations from the Community in support of the Summer Reading Program at the Library. Recommended Action: Approve c. Accept a gift of$21,610 from the Arcadia Public Library Foundation for programs and services at the Library. Recommended Action: Approve d. Authorize the City Manager to execute a one (1) year contract extension with Sheldon Mechanical Corporation for HVAC Preventative Maintenance Services at various City facilities in the amount of$105,880. Recommended Action: Approve e. Authorize the City Manager to execute a contract extension with Life Assist for the purchase of paramedic field supplies for the 2011-2012 Fiscal Year in the amount not to exceed $55,000 and authorize two (2) additional one-year options through June 30, 2014. Recommended Action: Approve In response to a question raised by Council Member Amundson regarding Item 1.e, Fire Chief Trabbie responded that the City is reimbursed for paramedic supplies. It was moved by Council Member Amundson, seconded by Council Member Harbicht and carried on roll call vote to approve Consent Calendar items 1.a through 1.e. AYES: Council/Agency Member Amundson, Chandler, Harbicht, Segal, and Kovacic NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Consideration of and possible action to resolve impasse negotiations between the City and the Arcadia Police Civilian Employees Association. Recommended Action: Resolve impasse in accordance with staff recommendation Mr. Penman reminded the City Council that Item 2.a was pulled from the agenda because an agreement had been reached with the Arcadia Police Civilian Employees Association, subject to City Council action. 08-16-11 53:0156 Hue Quach, Administrative Services Director recommended that City Manager Items 2.d through 2.i be acted on first, then return to Items 2.b and 2.c. The City Council concurred. Mike Casalou, Human Resources Manager reported that Items d through i are Resolutions for adoption and approve Memorandums of Understanding (MOU) with the City's five (5) bargaining units and adopt changes to the City's Fringe Benefit Resolution for unrepresented employees who are primarily management employees; that all agreements are fundamentally the same with the term covering three (3) years; that each MOU contains several pension reform items including all new employees will pay the entire employee portion of their retirement from the date of hire, existing employees will pay an equivalent amount of the employee portion of their retirement phased in over a three (3) year term and will receive salary increases equal to the amount deducted each year; and that second tier retirement formulas will be implemented in approximately two (2) months. He explained that the new safety retirement formula will be 3% @ 55 (currently 3% @ 50) and the new miscellaneous retirement formula will be 2% @ 60 (currently 2.5% @ 55); that the second tier formulas will be based on a three (3) year average compensation instead of the existing single highest year formula; that retiree health insurance for existing employees who retire after January 1, 2012 will be capped at a fixed dollar amount instead of a set PERS health plan rate; and retiree health for new hires will be provided at the required minimum contribution level set annually by CALPERS; he indicated that other minor non-economic changes contained in each of the agreements are outlined in the staff reports; and concluded that the exact cost savings from the implementation of the pension reform items is unknown at this time, but the City believes that the cost savings will be significant over the long term. d. Adopt Resolution No. 6788 establishing compensation and related benefits for City Council, Executive Management and Unrepresented Employees. Recommended Action: Adopt It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6788 establishing compensation and related benefits for City Council, Executive Management and Unrepresented Employees. AYES: Council Member Chandler, Segal, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None e. Adopt Resolution No. 6789 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia City Employee Association ("ACEA") for July 1, 2011 through June 30, 2014. Recommended Action: Adopt It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6789 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia City Employee Association ("ACEA") for July 1, 2011 through June 30, 2014. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None 08-16-11 53:0157 f. Adopt Resolution No. 6790 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Police Officers' Association ("APOA") for July 1, 2011 through June 30, 2014. Recommended Action: Adopt It was moved by Council Member Segal, seconded by Council Member Amundson and carried on roll call vote to adopt Resolution No. 6790 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Police Officers' Association ("APOA") for July 1, 2011 through June 30, 2014. AYES: Council Member Segal, Amundson, Chandler, Harbicht, and Kovacic NOES: None ABSENT: None g. Adopt Resolution No. 6791 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association ("APWEA")for July 1, 2011 through June 30, 2014. Recommended Action: Adopt It was moved by Council Member Amundson, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6791 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association ("APWEA")for July 1, 2011 through June 30, 2014. AYES: Council Member Amundson, Segal, Chandler, Harbicht, and Kovacic NOES: None ABSENT: None h. Adopt Resolution No. 6792 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Firefighters' Association ("AFFA") for July 1, 2011 through June 30, 2014. Recommended Action: Adopt It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6792 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Firefighters' Association ("AFFA") for July 1, 2011 through June 30, 2014. AYES: Council Member Segal, Harbicht, Amundson, Chandler, and Kovacic NOES: None ABSENT: None Adopt Resolution No. 6793 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Police Civilian Employees Association ("APCEA") for July 1, 2011 through June 30, 2014. Recommended Action: Adopt It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6793 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Police Civilian Employees Association ("APCEA") for July 1, 2011 through June 30, 2014. 08-16-11 53:0158 AYES: Council Member Chandler, Segal, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None The City Council returned to Item 2.b and 2.c. b. Adopt Resolution No. 6786 Resolution of Intention to approve an amendment to contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Arcadia. Recommended Action: Adopt Introduce Ordinance No. 2289 authorizing an amendment to the contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. Recommended Action: Introduce Mr. Quach reported that in order to implement the tired retirement benefit system, CaIPERS requires the City Council adopt a resolution of intention to approve the amendment to the contract. Heather McDowell, Human Resources Analyst reported that the Resolutions and Memorandums of Understanding include agreements for the City to implement a tired retirement system under CaIPERS; that one common change is related to adding a second tier of retirement benefits for new hires; that a tired pension system keeps the City in line with current market trends; and to implement changes to the existing retirement contract with CaIPERS, the City Council must adopt a resolution of intention to approve the amendment and adopt an ordinance authorizing the amendment between the City of Arcadia and CaIPERS. She explained that the cost savings will initially be limited, but that over time as new employees are hired at the lower retirement benefit level, the City will realize cost savings; that the cost savings will be gradual until it reaches 3.1% once all employees are governed by the new tier; and recommended the City Council adopt Resolution No. 6786 and introduce Ordinance No. 2289 implementing new tired retirement benefits for employees hired on or after October 1, 2011. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6786, a Resolution of Intention to approve an amendment to contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Arcadia. AYES: Council Member Harbicht, Chandler, Amundson, Segal, and Kovacic NOES: None ABSENT: None It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote as follows to introduce Ordinance No. 2289 authorizing an amendment to the contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None 08-16-11 53:0159 c. Adopt Resolution No. 6787 concerning paying and reporting the value of Employer Paid Member Contributions (Miscellaneous Employees). Recommended Action: Adopt Hue Quach, Administrative Services Director reported that Resolution No. 6787 pertains to the paying and reporting the value of the employer paid member contributions for miscellaneous employee groups; and that as a result of the new labor negotiation agreements the adoption of Resolution No. 6787 is an additional step in implementing the contracts in reporting the value of the employer paid member contributions for existing employees; and establishes a second tiered system for new employees hired after August 17, 2011 who will pay their full employee share of the pension cost. He advised that the adoption of Resolution No. 6787 will result in a cost savings to the City as all new City employees will pay for the employee share and overtime the City's savings will increase as turnovers and/or retirements occur and new employees are hired. It was moved by Council Member Harbicht, seconded by Council Member Segal and carried on roll call vote to adopt Resolution No. 6787 (Version A) for paying and reporting the value of the Employer Paid Member Contributions (Miscellaneous Employees). AYES: Council Member Harbicht, Segal, Amundson, Chandler, and Kovacic NOES: None ABSENT: None The City Council returned to Item 2.j. j. Approve street closure for Arcadia Hiqh School Band practices from August 30, 2011 through October 26, 2011 and December 27, 2011 through December 29, 2011. Recommended Action: Approve Mr. Penman reported that each year Arcadia High School requests the closure of Campus Drive adjacent to the high school for purposes of marching band practice and that each year the City Council approves the request with conditions that consist of traffic control, the set up and removal of barricades, insurance indemnification and obtain a street closure permit from the City; he also advised that Arcadia High School was selected to march in the Tournament of Roses Parade on New Year's Day 2012 and has requested use of Campus Drive for Rose Parade practice from December 27 through December 29 from 8:00 a.m. to 11:00 a.m. He indicated that due to the Campus Commons Senior project, staff will need to coordinate a plan with the school and developer that ensures the developer will have access to the construction site at all time when the band is practicing. It was moved by Council Member Harbicht, seconded by Council Member Segal and carried on roll call vote to approve the street closure for Arcadia High School Band practice from August 30, 2011 through October 26, 2011 and December 27, 2011 through December 29, 2011. AYES: Council Member Harbicht, Segal, Amundson, Chandler, and Kovacic NOES: None ABSENT: None 08-16-11 53:0160 k. Adopt ARA Resolution No. 247 approving and adopting an enforceable obligation payment schedule pursuant to AB 1X 26. Recommended Action: Adopt City Attorney Steve Deitsch reported that the Agency Resolution added to the agenda adopts the enforceable obligation payment schedule which would have been originally required by Assembly Bill 26; that the Agency adopted the ordinance continuing its Redevelopment Agency pursuant to Assembly Bill 27 which would have eliminated the need to adopt ARA Resolution No. 247; he reported that last Thursday the California Supreme Court stayed the effectiveness of Assembly Bill 27 which means the Redevelopment Agency at the present time would not continue until the stay is removed one way or another and wait to see if the Supreme Court believes that Assembly Bill 27 is valid or not; he recommended that the City Council adopt ARA Resolution No. 247 which will facilitate the Agency making payments for any existing obligations pursuant to Assembly Bill 26; that part of AB 26 has not been stayed and part of it has been stayed and the action tonight would deal with the part that has not been stayed that would enable the Agency to proceed with limited redevelopment activity. It was moved by Agency Member Segal, seconded by Agency Member Chandler and carried on roll call vote as follows to adopt ARA Resolution No. 247 approving and adopting an enforceable obligation payment schedule pursuant to AB 1 X 26; and authorize the Executive Director to post the enforceable obligation payment scheduled on the City's website and transmit to the Los Angeles County Auditor-Controller, the State Controller and the Department of Finance notification, by mail or electronic means, providing the website location of the posted enforceable obligation payment schedule and other information as required. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Everett Clark at 8:30 p.m. to Tuesday, September 6, 2011 at 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 08-16-11