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HomeMy WebLinkAbout08/16/2011 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 1 • 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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 High 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 9 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. Lehi ry K7acic, M_yor ATTEST: James H. Barrows, City Clerk 08-16-11 10