Loading...
HomeMy WebLinkAboutItem 1b: Minutes of September 20 and October 4, 2011 53:0167 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 20, 2011 CALL TO ORDER Mayor Kovacic called the meeting to order at 5:30 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— No one appeared. 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. Jason Kruckeberg, Assistant City Manager/Development Services Director advised that at the July 19, 2011 meeting, the City Council discussed and reviewed the resolution proposed by the five City designated Homeowners' Associations (HOAs) and continued the Study Session requesting staff to provide additional information on alternatives to the Floor Area "Guidance" aspect of the proposed resolution; he provided a brief summary of the concerns raised by the City Council; he stated that the revised resolution proposed by the HOA's eliminated the "Guidance" provisions and an overview of the changes in the HOAs proposal; he explained that in Section 2, references to the General Plan and Single-Family Residential Design Guidelines were added and that endnotes were provided throughout the proposal to cite sources for various reviewing authority; in Section 4, a new section titled "Site Planning" addresses (1) natural amenities; (2) location, configuration, size and design; (3) height and bulk; and (4) varied open space was added; that "Defined Neighborhood" was removed as a concept to be used for comparison of a new home; and the graphic was moved to Section 6C and would only be used for noticing purposes; "Floor Area" was revised to eliminate the "Guidance" provisions and reverts back to the current minimum floor area requirements and that no new language was proposed relative to a maximum guidance for square footage; "Garages"was revised for the Village and Lower Rancho area; and that under "Exterior Building Appearance", the reference to side yard fences being subject to City review only was moved to Section 6; that"Trees" was revised to utilize a list of trees (oaks, sycamores, liquid ambers, magnolias, pines or redwoods) for all five HOAs rather than having all trees subject to approval for removal; and the professional standard of diameter measurements was incorporated; and in Section 5, the requirement for approval to clear a lot was removed and new "Notification Standards for Review Process" was added and utilizes the former"Defined Neighborhood" diagram rather than a 100-foot radius. Brad Koehler, Architectural Review Board Chairperson of the Rancho Santa Anita Property Owners' Association and Laurie Thompson, Architectural Review Board Chairperson of the Santa Anita Village Association indicated that all five resolutions had many similarities and that all five HOA's agreed that it would be more efficient to have a single consolidated resolution that contains all regulations and development standards including a uniform and consistence set of design review guidelines for all five HOA areas; and that the five associations discussed the concerns previously 09-20-11 53:0168 raised by the City Council and made revisions that would make the process easier for City staff and the ARB's. Paul Kalemakarian former Arcadia Planning Commissioner spoke in favor of having a standardized resolution but expressed concerns regarding authority of the ARB who are volunteers and may not have enough experience in the planning and architectural field. In response to a comment made by a representative of Bowden Development regarding the appeal process, Mr. Penman confirmed that appeals are made to the Planning Commission and then to the City Council. Mary Dougherty, President of Santa Anita Oaks Homeowners Association urged the City Council to approve the proposed resolution; she indicated that almost everything in the resolution is already covered in City documents that were previously adopted by the City Council such as the General Plan and Single-Family Residential Design Guidelines. Josh Grohs, Mur-Sol Development, LLC spoke in favor of the proposed resolution but expressed concerns on setbacks and size of the homes and felt that anything relating to size should be taken out from the proposed resolution. Richard Tipping, Project Manager of Bowden Development requested that any language that would give the ARB's discretion over the size of the homes should be removed from the proposed resolution and felt that only oak trees should be protected; and expressed concerns regarding proposed submission requirements and felt that ARB requirements should be the same as the City. Robert Tong, an Arcadia Architect noted that he has worked with the City in designing homes in Arcadia since 1996 and has never had any problems with the Associations; and felt that the proposed resolution would give the ARB the power to approve setbacks and dictate the size of the homes, not the City. It was the consensus of the City Council that staff revise the proposed resolution based on City Council input and staff 's professional opinion and bring the resolution back to a future meeting. The Study Session adjourned at 6:55 p.m. to Closed Session. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding anticipated litigation—one (1) case. THE CITY COUNCIL/REDEVELOPMENT AGENCY CONVENED TO OPEN SESSION Mayor/Agency Chair Kovacic called the regular meeting to order at 7:15 p.m. INVOCATION — Bishop Rick Seely, The Church of Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE — Camino Grove Elementary School Boy Scout Troop 111 09-20-11 53:0169 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 CLOSED SESSION ITEMS City Attorney Deitsch reported that prior to the regular meeting, the City Council met in a Study Session to hear a report from staff and discuss a proposed Text Amendment to establish one resolution applicable to development standards, design guidelines and design review processes for all five of the City designated Homeowners' Associations and that after hearing comments, the City Council directed staff to return with a proposed revised text amendment. In addition, Mr. Deitsch reported that the City Council met in Closed Session to consider the one (1) item listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS - Mr. Penman announced there were no supplemental information. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Amundson to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of a Proclamation to George Haines to commemorate his 40th year at Santa Anita Race Track. b. Presentation of"Believe in Arcadia...Volunteer!"Award to "Fruit for All" PUBLIC COMMENTS Nancy Gustafsson, PTA President at Longley Way Elementary School appeared and provided a report on activities and fundraisers being held at Longley Way; she commented that their school theme this year is "Together We Can" which means that together necessary funds can be raised to have programs and build a strong volunteer base so that school events can run smoothly; she reported on the Jamba Juice fundraiser, movie night, and the first of monthly dine outs which was at Baskin Robbins and various other activities going on at Longley Way; she invited everyone to attend the monthly dine outs and noted that a calendar of events is posted on the school website if anyone would like additional information. Scott Hettrick, Executive Director of the Chamber of Commerce appeared and commented on the Boy Scout's attendance at the Council meeting and thanked them and all the volunteers who helped at the Taste of Arcadia; he also thanked George Haines and Santa Anita for the use of the parking lot; he reminded everyone that the Chamber is a separate entity from the City; and he provided information and dates regarding upcoming events and activities in the community; and additionally on behalf of Arcadia's Best Foundation, he provided information regarding the "One Community One Book Program" coming up again this year. 09-20-11 53:0170 Daniel Luong, an Arcadia resident stated that he appeared at the last City Council meeting requesting the City Council consider his request for an address change and place it on a future agenda; he introduced an Arcadia resident who is also requesting an address change and read a prepared statement; and noted that in the cities of San Marino, Temple City, San Gabriel, Rosemead, Monterey Park and Alhambra there are no addresses that contain the number 44 in the address and that there are only 11 in Arcadia. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Amundson noted that he attended the Taste of Arcadia and congratulated Scott Hettrick and the Chamber and all the volunteers on a successful event; he announced that individuals can go to www.511.COm for up-to-date information on the Gold Line project and traffic; and he commented on residents living with wildlife and encouraged everyone to make themselves more wildlife friendly this year. Mayor Pro Tern Harbicht expressed how pleased he was to see the Boy Scouts at the meeting and also Fruit for All who was being recognized; he commented on the terrific job Linda Garcia and Kristen Olafson of the City Manager's do in putting the City Newsletter together and recommended that their names be added to the City Newsletter; he asked if any Council Members were interested in revisiting the address change issue in response to Mr. Luong's request (Mayor Kovacic and Council Member Segal concurred for discussion purposes to revisit the address change policy as requested by Mr. Luong). Mayor Pro Tern Harbicht requested that it be placed on the next agenda with the same report previously provided to the City Council. Council Member Chandler announced that he attended the 10`h Anniversary of 9/11 Patriot Day Ceremony at Fire Station 106 and commented that all New York Fire, Police and Port Authority Police names were read and thanked them for that; and commented on the West Nile Virus and explained what precautions can be taken. Council Member Segal congratulated the Boy Scouts and Fruit for All for all they do for the community; he commented on the recent retirement of Methodist Hospital CEO Dennis Lee and thanked him for all his years of dedication and service to the Hospital; he noted that invitations for the Hospital Crystal Ball on September 29th were recently mailed out and there are already over 800 people attending and encouraged those wanting to attend to get their reservations in because the room only holds 1,100 people and will most likely sell out in the next couple of weeks and announced that Paul Anka is the entertainment. City Clerk Barrows announced that last Friday night, Acadia High School Football team beat Monrovia High School Football team 30-22 and plays Temple City next Friday night. Mayor Kovacic reminded everyone that Thursday is Foothill Unity's Annual Golden Plate dinner at the Racetrack; he thanked the Hospital for treating him well during his recent visit; he announced that he also attended the retirement party for Dennis Lee and congratulated him on his retirement and for a job well done at the Hospital; he noted that as part of Dennis Lee's speech he thanked two special people in the community, Mickey and Lee Segal, for all their many contributions to the Hospital and shared that almost every room at the Hospital is named after Mickey and Lee Segal and he personally thanked them for all they do for the community. 09-20-11 53:0171 1. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Adopt Resolution No. 6798 accepting the dedication for street and highway purposes along the frontage of the property adjacent to Second Avenue for Parcel Map 71094. Recommended Action: Adopt b. Adopt Ordinance No. 2288 amending Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code to expand the permitted use list in the Special Use (S-1) Zone for temporary special uses and events at the racetrack and in the adjacent parking lot areas. Recommended Action: Adopt c. Authorize the City Manager to execute a Professional Services Agreement with Matrix Imaging Inc. for Document Scanning and Indexing Services for the Development Services Department/Building Division in the amount of$27,200. Recommended Action: Approve d. Authorize the City Manager to execute a one (1) year contract with iiFuels, Inc. for the purchase of motor vehicle fuel and fuel management support and services in an amount not to exceed $425,000.00 per year through September 30, 2012 with the option to renew on a year-by-year basis for a maximum of three (3) years through September 30, 2014. Recommended Action: Approve It was moved by Council Member Harbicht, seconded by Council Member Amundson and carried on roll call vote to approve Consent Calendar items 1.a through 1.d. AYES: Council Member Harbicht, Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: None 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Approve selection of the executive search firm of Bob Murray & Associates for City Manager recruitment. Recommended Action: Approve City Manager Don Penman reported that with the announcement of his retirement, the City Council initiated the process to select an executive search firm for the City Manager position; that the City Council appointed Mayor Kovacic and Mayor Pro Tern Harbicht to serve as an Ad Hoc Committee to interview and submit a recommendation to the entire City Council regarding the selection of a search firm to assist in the recruitment of a new City Manager. He explained that a Request for Proposals was prepared and sent out to nine (9) firms and seven (7) proposals were returned; that after the Ad Hoc Committee reviewed the proposals, they selected Alliance Resource Consulting, Bob Murray and Associates and William Avery and Associates to be interviewed; he noted that all three (3) firms interviewed were very experienced in providing recruitment services to cities for City Manager positions; and reported that the Committee selected Bob Murray and Associates and recommended the City Council approve their recommendation. Mr. Penman advised that the cost to conduct the recruitment based on the proposal will be a fixed amount of $16,500.00 plus 09-20-11 53:0172 expenses which are estimated to be $6,500.00; he added that the entire search should take appropriately 4 to 5 months from the preparation of the candidate profile to the actual start date of a new City Manager. It was moved by Council Member Chandler, seconded by Council Member Segal and carried on roll call vote to approve the firm of Bob Murray & Associates to assist the City Council in the executive search recruitment of a new City Manager and direct the City Attorney to prepare an agreement and authorize the City Manager to sign on behalf of the City. AYES: Council Member Chandler, Segal, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None b. Adopt Resolution No. 6797 approving and authorizing the execution of a conditional Community Remittance Funding Agreement by and between the City of Arcadia and the Arcadia Redevelopment Agency providing for the transfer of tax increment revenue to the City in an amount not to exceed the amount of the community remittance required under AB 1X 27. Recommended Action: Adopt Adopt Arcadia Redevelopment Agency Resolution No. ARA 248 conditionally approving and authorizing the execution of a Community Remittance Funding Agreement by and between the City of Arcadia and the Arcadia Redevelopment Agency providing for the transfer of tax increment revenue to the City in an amount not to exceed the amount of the community remittance required under AB 1X 27. Recommended Action: Adopt Adopt Arcadia Redevelopment Agency Resolution No. ARA 249 conditionally reducing its allocation to the Low and Moderate Income Housing Fund for Fiscal Year 2011-12 and making certain findings and determinations. Recommended Action: Adopt Jerry Schwartz, Economic Development Manager provided a brief summary of Assembly Bills 1X 26 and 1X27 which were passed as part of the State budget and the Petition for Writ of Mandate challenging the constitutionality of both Assembly Bills that was filed in the Supreme Court; he explained that AB 27 allows Redevelopment Agency's to continue to operate by having the City Council adopt an ordinance agreeing to participate in an Alternative Voluntary Redevelopment Program ("Program"); he stated that on August 2, 2011, the City Council adopted Ordinance No. 2286 agreeing to participate in the Program; he advised that AB 27 also allows that for Fiscal Year 2011-12 only, the Agency may reduce its allocation of tax increment revenue to its Low and Moderate Income Housing Fund to transfer tax increment revenues to the City for the City to make the community remittance payment which was discussed when the City Council introduced Ordinance No. 2286; and explained that the Agency must find that there are insufficient other moneys to meet this obligation. He further explained that Resolution No. 6797 and Agency Resolution No. ARA 248 conditionally approve and authorize the execution of a Community Remittance Funding Agreement which sets forth the terms of the Agency's annual transfer of tax increment revenue to the City under AB 1X 27; and Resolution No. ARA 249 conditionally reduces the Agency's allocation to the low and moderate incoming housing fund for fiscal year 2011-12 and make certain related findings and determinations. He advised that the City was notified that its Fiscal Year 2011-12 community remittance is $1,471,053. 09-20-11 53:0173 It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6797 approving and authorizing the execution of a Conditional Community Remittance Funding Agreement by and between the City of Arcadia and the Arcadia Redevelopment Agency providing for the transfer of tax increment revenue to the City in an amount not to exceed the amount of the community remittance required under AB 1X 27. AYES: Council Member Segal, Chandler, Amundson, Harbicht, 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 Arcadia Redevelopment Agency Resolution No. ARA 248 conditionally approving and authorizing the execution of a Community Remittance Funding Agreement by and between the City of Arcadia and the Arcadia Redevelopment Agency providing for the transfer of tax increment revenue to the City in an amount not to exceed the amount of the community remittance required under AB lx 27. AYES: Agency Member Segal, Harbicht, Amundson, Chandler, 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 Arcadia Redevelopment Agency Resolution No. ARA 249 conditionally reducing its allocation to the Low and Moderate Income Housing Fund for Fiscal Year 2011-12 and making certain findings and determinations. AYES: Agency Member Segal, Harbicht, Amundson, Chandler, and Kovacic NOES: None ABSENT: None c. Adopt Arcadia Redevelopment Agency Resolution No. ARA 250 approving and adopting the preliminary draft of the initial Recognized Obligation Payment Schedule pursuant to AB lx 26. Recommended Action: Adopt Jerry Schwartz, Economic Development Manager reported that on August 11, 2011, the Supreme Court issued an order for the immediate stay of enforcement of AB 1X 26 in part and AB 1X 27 in its entirety; and indicated that on August 17, 2011, the Supreme Court modified its stay which now requires agencies to prepare a preliminary draft of the initial ROPS by September 30, 2011; that depending on the outcome of the litigation, the ROPS may eventually serve as the basis for the payment of the Agency's outstanding financial obligations by the Agency's successor agency; that the ROPS must list all of the "enforceable obligations" of the Agency and the minimum amounts and due dates of payments required by each enforceable obligation for the six month period beginning January 1, 2012 through June 30, 2012; and indicated that the implementation of the ROPS was stayed so there is no follow up action until the State Supreme Court issues its ruling on the constitutionality of both Assembly Bills and recommended adoption of Resolution No. ARA 250. 09-20-11 53:0174 It was moved by Agency Member Segal, seconded by Agency Member Chandler and carried on roll call vote to adopt Arcadia Redevelopment Agency Resolution No. ARA 250 approving and adopting the preliminary draft of the initial Recognized Obligation Payment Schedule pursuant to AB 1X 26. AYES: Agency Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:05 p.m. in memory of Arcadia resident Thidar Tun to Tuesday, October 4, 2011, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk r By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 09-20-11 • 53:0167 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 4, 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, Harbicht, Segal and Kovacic ABSENT: Council/Agency Member Chandler It was moved by Council/Agency Member Amundson seconded by Council/Agency Member Harbicht to excuse Council/Agency Member Chandler. CLOSED SESSION PUBLIC COMMENTS — No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the workers' compensation case of Gerald Martin. b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach and Human Resources Administrator Michael Casalou. Employee Organizations: Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. 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 Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE — Debbie Jones ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Harbicht, Segal and Kovacic ABSENT: Council/Agency Member Chandler It was moved by Council/Agency Member Segal seconded by Council/Agency Member Amundson to excuse Council/Agency Member Chandler. 10-04-11 53:0168 REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS City Attorney Deitsch reported that prior to the regular meeting, the City Council met in a Closed Session to 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 announced that there was no supplemental information. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Segal, seconded by Council Member Amundson to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of a Proclamation designating the week of October 9-15, 2011 as Fire Prevention Week. b. Presentation of Arcadia Host Lions Club White Cane Days Proclamation to Lions Club President George Sanders. c. Presentation of Proclamation to Tal Jones, Arcadia High School Teacher of the Year. 1. PUBLIC HEARINGS a. Consideration of Text Amendment No. TA 11-04 to amend various sections of the Arcadia Municipal Code, Article VI, Business, Professions, Trades and Occupations and Article IX, Division and Use of Land; and proposed fees for special use permits. Introduce Ordinance No. 2287 amending Article VI (Business, Professions, Trades and Occupations) and Article IX (Division of Use of Land) of the Arcadia Municipal Code. Recommended Action: Introduce Adopt Resolution No. 6796 establishing Development Services Department fees for Special Use Permits. Recommended Action: Adopt Lisa Flores, Senior Planner reported that in an effort to update the Zoning Code, the Development Services Department is proposing eleven (11) text amendments to Article VI, the Business, Professions, Trades and Occupations and Article IX, the Division and Use of Land and are considered "clean-up" to various sections of the Code to facilitate the new changes and streamline existing ordinances; she explained that the first part is to remove Promotional Entertainment Events — Parking Lots and Christmas Tree Sales and Pumpkin Sale regulations from Article IX and establish a new process for Special Use Permits in the Zoning Code; the second part is to amend several provisions of the Zoning Code; she summarized the major proposed amendments in Special Use Permits, Sidewalk and Parking Lot Sales, Home Occupations, Off-Street Parking Requirements which includes Restaurant Parking, Medical and Dental Office Parking and S-2 Public Purpose Zone relating to Churches. She recommended the City Council accept the CEQA 10-04-11 53:0169 determination of a Negative Declaration and introduce Ordinance No. 2287 and adopt Resolution No. 6897 establishing Development Services Department fees for Special Use Permits. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Segal, seconded by Council Member Harbicht and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to accept the CEQA determination of the Negative Declaration and introduce Ordinance No. 2287 amending Article VI (Business, Professions, Trades and Occupations) and Article IX (Division of Use of Land) of the Arcadia Municipal Code. AYES: Council Member Segal, Harbicht, Amundson and Kovacic NOES: None ABSENT: Council Member Chandler It was moved by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6796 establishing Development Services Department fees for Special Use Permits. AYES: Council Member Segal, Harbicht, Amundson and Kovacic NOES: None ABSENT: Council Member Chandler b. • Introduce Ordinance No. 2290 granting to Golden State Water Company, its successors and assigns, a franchise to use or to lay and use, pipes, conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under the public streets, ways, alleys and places within the City of Arcadia (per Article XIII of the Arcadia City Charter) Recommended Action: Introduce Tom Tait, Public Works Services Director reported that the City's Franchise Agreement with the Golden State Water Company (GSWC) will expire on November 22, 2011; that GSWC requested renewal of the Franchise Agreement for a 20 year term; he indicated that on September 6, 2011, the City Council adopted Resolution No. 6794 approving a 10 year term instead of 20 years; he explained that a 10 year term is a more reasonable and prudent time frame than 20 years for a Franchise Agreement; he noted that the City received approximately$2,200 in revenue from GSWC in 2010 and averaged about $2,450 in annual franchise fees during the past two years; that the Franchise Agreement with GSWC has been in effect since 1961 and explained the process if the City Council chooses not to grant the Franchise Agreement. He advised that Ben Lewis, the District Manager with Golden State Water Company was in attendance if there were any questions. 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 Harbicht and carried on roll call vote to introduce Ordinance No. 2290 granting to Golden State Water Company, its successors 10-04-11 53:0170 and assigns, a franchise to use or to lay and use pipes, conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under the public streets, ways, alleys and places within the City of Arcadia (per Article XI II of the Arcadia City Charter). AYES: Council Member Segal, Harbicht, Amundson and Kovacic NOES: None ABSENT: Council Member Chandler PUBLIC COMMENTS - No one appeared. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Amundson announced that tomorrow is "walk to school day" and reminded everyone to slow down and watch out for kids walking to school; and commented on painting addresses on curbs and announced the schedule and provided a traffic update on the 210 freeway relating to the Gold Line project. Mayor Pro Tern Harbicht had nothing to report. Council Member Segal congratulated Mr. Tal Jones on his Arcadia High School Teacher of the Year award and reminded everyone that the Hospital Crystal Ball event is on October 29 and the tickets are selling fast. City Clerk Barrows also congratulated Mr. Tal Jones on his Teacher of the Year award and announced Arcadia High School Football victories and game dates. Mayor Kovacic congratulated Santa Anita Race Track on their fall meet which opened Friday and noted that it was declared "Arcadia Day"; he announced that Foothill Unity Center had a successful fundraiser at the Race Track, Santa Anita YMCA also had a successful fundraiser at the Embassy Suites and Arcadia's Best Foundation had a "One Community One Book" event which was well attended; and noted that the Arcadia High School Constitution Team had their first practice this past week in the City Council Chambers and encouraged anyone to attend a practice. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Approve the Meeting Minutes of September 6, 2011 Recommended Action: Approve b. Award a one (1) year purchase order contract extension to Ernie's Auto Parts for the purchase of automobile repair parts for City vehicles in the amount of$31,877. Recommended Action: Approve c. Accept all work performed by Chaparral Construction Corporation for the Santa Anita Avenue Corridor Improvements as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve It was moved by Council Member Amundson, seconded by Council Member Segal and carried on roll call vote to approve Consent Calendar items 1.a through 1.c. 10-04-11 53:0171 AYES: Council Member Amundson, Segal, Harbicht and Kovacic NOES: None ABSENT: Council Member Chandler 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Report, discussion and direction regarding the regulation of municipal campaign expenditures and financing. Recommended Action: Provide direction City Attorney Deitsch reported that at the meeting of September 6, 2011, the City Council requested that the City Attorney research whether the City can place a cap on campaign spending; he noted that a legal opinion was prepared as a result of that direction and forwarded to the City Council on September 22, 2011; and that a copy of that opinion was attached to the staff report. Mr. Deitsch explained that Arcadia Municipal Code (AMC) allows candidates running for local office to adopt voluntary limits on campaign spending and AMC Section 1701 permits candidates running for an elected city office to voluntarily adopt a campaign expenditure ceiling based on a formula of fifty ($0.50) cents per city resident and that Section 1702 in turn, requires the City Council to determine and adopt by resolution not less than six (6) months prior to each general municipal election, the number of City residents for purposes of the voluntary campaign expenditure limit. He further explained that if the City Council desires limiting campaign expenditures voluntarily by candidates in municipal elections, the City would have to amend Sections 1701 and 1702 of the AMC to reflect changes in California law since their adoption in 1997; he advised that the City cannot impose a spending limit on a candidate's use of his or her personal funds in an election; that the City is prevented from enacting an outright cap on campaign spending, if the City is interested in regulating local campaign financing on a mandatory basis, it may instead consider regulating campaign contributions; and stated that unlike limits on campaign expenditures, the courts have recognized that the government has an interest in capping the amount of contributions to candidates for political office; that Sections 1701 and 1702 of the AMC are silent on candidates' acceptance of public funds and/or limits on campaign contributions; that these sections provide for voluntary limits, and such voluntary limits have been upheld as constitutional; he did note that several cities throughout California have enacted local campaign regulations with contribution limits. It was the consensus of the City Council that the report is received and filed. b. Approve and enter into a Temporary Employment Agreement with Donald E. Penman. Recommended Action: Approve Hue Quach, Administrative Services Director reported that when Mr. Penman announced his retirement on July 26, 2011, the City Council extended to Mr. Penman an offer to continue to serve as City Manager during the recruitment process; that Mr. Penman will retire effective November 4, 2011 and under the CaIPERS Retirement System, a retired annuitant can work for a CaIPERS employer without reinstatement as a temporary employee with certain restrictions; he explained that the effective date of the agreement would be November 4, 2011 and Mr. Penman would be "at will", that no benefits would be provided other than those required by statute, and he would have the unrestricted use of a City vehicle and a smart phone; he explained that the compensation shall be at the base weekly salary paid to Mr. Penman as of November 3, 2011 which is $4,212.31 and noted that the salary is already included in the 2011-12 budget and commented on the savings from not providing fringe benefits. 10-04-11 53:0172 It was moved by Council Member Harbicht, seconded by Council Member Segal and carried on roll call vote to approve the Temporary Employment Agreement between the City of Arcadia and Donald E. Penman; and authorize the Mayor to execute the Temporary Employment Agreement. AYES: Council Member Harbicht, Segal, Amundson and Kovacic NOES: None ABSENT: Council Member Chandler ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:20 p.m. to Tuesday, October 18, 2011, 5:30 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk L1.561 ( By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 10-04-11