HomeMy WebLinkAbout07/19/2011 53:0131
CITY COUNCIUREDEVELOPMENT 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.
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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
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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:
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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 COUNCIUREDEVELOPMENT 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.
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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 seg.).
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
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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.
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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.
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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 28th
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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 Tem 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
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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 Giib 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.
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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
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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
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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 Tern 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.
L!I A 4 i / - �►%.cam/���
`1 Kov:1 ic, Mayor
ATTEST:
James H. Barrows, City Clerk
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