HomeMy WebLinkAbout10/04/2011 53:0175
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.
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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
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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
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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).
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.
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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.
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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.
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ATTEST:
e'James H. Barrows, City Clerk
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