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HomeMy WebLinkAbout01/03/2012 54:0001 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JANUARY 3, 2012 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 STUDY SESSION PUBLIC COMMENTS (5 minutes per person) — No one appeared. STUDY SESSION (OPEN TO THE PUBLIC) a. Report, discussion and direction regarding implications of the Supreme Court decision concerning Assembly Bills 1X26 and 1X27 related to Redevelopment City Attorney Stephen Deitsch announced that prior to the regular meeting, the City Council met in Study Session to discuss the implications of a California Supreme Court decision dealing with Assembly Bills 26 and 27 relating to redevelopment in California; he reported that the Assembly Bills pertained to the State of California budget and Redevelopment Agencies; that AB26 eliminated Redevelopment throughout the State of California and AB27 would have allowed for the continuation of redevelopment agencies in communities where the community would make a payment to the State of California in order for it to be allowed to continue redevelopment; he noted that the Supreme Court considered the constitutionality of the two Assembly Bills and determined that AB26 was constitutional and the Supreme Court upheld the elimination of redevelopment throughout California and struck down Assembly Bill 27 which meant that Redevelopment Agencies could not be resurrected and that redevelopment could not continue in the State of California. He stated that the City Council considered the implications of the Supreme Court decision and determined by a unanimous 5-0 vote that the City of Arcadia and City Council would act as a successor agency to the Arcadia Redevelopment Agency for purposes of winding down redevelopment and its affairs as described in Assembly Bill 26. THE CITY COUNCIL/REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor/Agency Chair Kovacic called the regular meeting to order at 7:06 p.m. INVOCATION — Reverend Rick Seely, The Church of Jesus Christ of Latter-day Saints PLEDGE OF ALLEGIANCE — Scott Hettrick, Executive Director of the Chamber of Commerce. 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/STUDY SESSION ITEMS 01-03-12 1 54:0002 City Attorney Stephen Deitsch announced that prior to the regular meeting, the City Council met in Study Session to discuss the implications of a California Supreme Court decision dealing with Assembly Bills 26 and 27 relating to redevelopment in California; he reported that the Assembly Bills pertained to the State of California budget and Redevelopment Agencies; that AB26 eliminated Redevelopment throughout the State of California and AB27 would have allowed for the continuation of redevelopment agencies in communities where the community would make a payment to the State of California in order for it to be allowed to continue redevelopment; he noted that the Supreme Court considered the constitutionality of the two Assembly Bills and determined that AB26 was constitutional and the Supreme Court upheld the elimination of redevelopment throughout California and struck down Assembly Bill 27 which meant that Redevelopment Agencies could not be resurrected and that redevelopment could not continue in the State of California. He discussed the pros and cons of the City and City Council becoming the successor agency to the Arcadia Redevelopment Agency for purposes of winding down redevelopment and its affairs as described in Assembly Bill 26; and explained the oversight board who would be making all decisions. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote that the City Council and City of Arcadia would act as a successor agency to the Arcadia Redevelopment Agency for purposes of winding down redevelopment and its affairs as described in Assembly Bill 26. AYES: Council Member Chandler, Harbicht, Amundson, Segal and Kovacic NOES: None ABSENT: None SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS - Mr. Penman announced that supplemental information was distributed to the City Council from the five Homeowner Associations requesting revisions to Resolution No. 6770 and will be discussed under City Manager Item 2.a. 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 Segal Ito read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS Gene Glasco, President of the Arcadia Historical Society appeared and announced that on January 27, 2012 the Lutheran Church will conduct a meeting and the speaker will be Margaux Viera, the great great great granddaughter of Elias"Lucky" Baldwin. Mia Davidson appeared and complimented the City for the superb response and clean-up efforts after the recent wind storm; she expressed concerns regarding trash being generated around new construction sites at 859, 865 and 901 Monte Verde Drive and would like to see the City enforce its rules and regulations during the construction. Mr. Penman noted that staff will look into the matter including the possibility of posting rules and regulations at construction sites. 01-03-12 2 54:0003 Mary Dougherty, President of the Santa Anita Oaks Homeowners Association appeared and reported that the committee of the Joint ARB Chairpersons of Five Homeowners Associations requested the City Council reconsider the elimination of the protected trees from Resolution No. 6770; and announced she is in the process of becoming a candidate for City Council in the April 2012 Election. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler had no comments. Council Member Segal commended staff in their clean-up efforts of the streets after the windstorm and wished everyone a Happy New Year. Council Member Amundson echoed Council Member Segal's comments and also commended staff on their clean-up efforts and asked that everyone be prepared for emergencies; he announced that Arcadia Downtown Business Association guide maps are available and show different places to shop and eat in Arcadia and noted that the map can be found at various business locations; he cautioned residents to be wary of people presenting themselves as utility company workers and encouraged residents not to answer the door if in doubt and to call the police. In response to Council Member Amundson's comments, Police Chief Guthrie explained what steps residents should take when encountered with a suspicious situation or suspicious person at their door. Mayor Pro Tern Harbicht also commended City staff and employees on a well organized Emergency Operation Center and for their professionalism; he noted that the City's Emergency Fund will be used to cover emergency costs relating to the wind storm. City Clerk James Barrows wished everyone a Happy New Year; he congratulated Torn Landis, Director of Arcadia High School Band on his retirement; and also commended and thanked City staff for all their efforts during the windstorm. Mayor Kovacic congratulated the Public Works Department for receiving the "Project of the Year Award' for the soccer field turf replacement project at the American Public Works Association Southern California Chapter awards luncheon; he thanked the Arcadia Beautiful Commission for all their hard work in selecting Arcadia Beautiful Holiday Award recipients; he congratulated the Arcadia High School Marching Band for representing the City in the Rose Parade; he also thanked City staff for all their clean-up efforts after the heavy windstorm; and noted that everyone should once in a while take a step back and see how truly blessed we are for living in a great City like Arcadia. 1. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Accept all work performed by Downing Construction for the Water Main Replacement Proiect as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of$34,320. Recommended Action: Approve 01-03-12 3 54:0004 b. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the Huntington Drive Capacity Improvement Project and authorize and direct he City Manager to enter into an Access Permit and License Agreement with the County of Los Angeles to enter Arcadia County Park to perform work incidental to the widening of Huntington Drive and direct the City Manager to execute a Sales and Purchase Agreement with the County of Los Angeles to purchase property located at Arcadia County Park adjacent to Huntington Drive for the widening of Huntington Drive. Recommended Action: Approve c. Authorize the City Manager to execute a Professional Services Agreement with IDModelinq for the Orange Grove Water Facility Blending Model in the amount of $21,219; waive any informality in the bid or bidding process and authorize the City Manger and City Clerk to execute a contract in a form approved by the City Attorney. Recommended Action: Approve d. Authorize the purchase of eight (8) P25-compliant UHF portable radios and related equipment in an amount not to exceed $37,000. Recommended Action: Approve It was moved by Council Member Segal, seconded by Council Member Chandler and carried on roll call vote to approve Consent Calendar items 1.a through 1.d. AYES: Council Member Segal, Chandler, Amundson, Harbicht, and Kovacic NOES: None ABSENT: None CITY MANAGER/EXECUTIVE DIRECTOR ITEMS a. Adopt Resolution No. 6770 creating a single resolution that contains design guidelines, development standards, and processing procedures for construction in all five single family Homeowners'Association areas. Recommended Action: Adopt Jason Kruckeberg, Assistant City Manager/Development Services Director stated that at the December 6, 2011, the City Council requested that staff make revisions to Resolution No. 6770 as requested and bring it back for approval. Mr. Kruckeberg discussed and explained those areas the City Council focused primarily on relating to tree protection, notification and the process to consider "short form"applications. It was moved by Council Member Amundson, seconded by Council Member Kovacic and carried on roll call vote to revise Section 4.M (Trees) of Resolution No. 6770 with the following wording: "no living oak, sycamore, magnolia, pine or redwood tree with a trunk diameter larger than 6 inches, measured at DBH (the standard arborist measurement is taken 4 1/2 feet above ground on the high side), that is located between the home and street, shall not be cut down, killed and/or removed in any manner, without first securing the written permission of the ARB. Such permission shall not be reasonably withheld." AYES: Council Member Amundson and Kovacic NOES: Council Member Chandler, Harbicht and Segal ABSENT: None 01-03-12 4 54:0005 The motion made by Council Member Segal to adopt Resolution No. 6770 creating a single resolution that contains design guidelines, development standards, and processing procedures for construction in all five single family Homeowners' Association areas as drafted, allowing the HOAs to include landscaping and hardscape into their review authority, died for lack of a second. A second motion was made by Council Member Segal, seconded by Council Member Kovacic to adopt Resolution No. 6770 as drafted. A substitute motion was made by Council Member Harbicht, seconded by Council Member Chandler to adopt Resolution No. 6770 creating a single resolution that contains design guidelines, development standards, and processing procedures for construction in all five single-family Homeowners' Association areas; and, eliminating the areas that make mention of landscape and hardscape review authority from the proposed draft resolution attached to the January 3, 2012 staff report. City Attorney Deitsch explained that under Robert's Rules of Order the substitute motion would be voted on first and if the substitute motion fails then the original motion can be voted on. AYES: Council Member Harbicht and Chandler NOES: Council Member Amundson, Segal and Kovacic ABSENT: None Following discussion by the City Council; it was moved by Council Member Segal, seconded by Council Member Kovacic and carried on roll call vote to adopt Resolution No. 6770 determining and amending regulations applicable to real property in the single-family Homeowners' Association Architectural Design Zone areas. AYES: Council Member Segal, Kovacic and Amundson NOES: Council Member Chandler and Harbicht ABSENT: None b. Report and discussion regarding an update of the windstorm that occurred in the City on December 1, 2011. Recommended Action: Receive and File Continue in place Resolution No. 6811 ratifying the proclamation of the existence of a local emergency within the City issued on December 1, 2011 pertaining to the extreme wind event which began on November 30, 2011. Recommended Action: Review and continue in place; and Adopt Resolution No. 6813 authorizing designated staff to file with the California Emergency Management Agency requests for financial assistance under the Natural Disaster Assistance Act and similar statutes. Recommended Action: Adopt Tom Tait, Public Works Services Director provided a power point presentation of the windstorms that caused a power outage throughout the City beginning on November 30 and caused an estimated $2.8 million dollars in damages. He reported on broken sidewalks, tree stump removal and grinding, missing street and traffic sings, street lights, trees and traffic signals and reported that at a later date, staff will finalize infrastructure repair and restoration costs and prepare plans and specifications in order to award contracts for repairs; and discussed grant funding opportunities; and options to make mulch available to residents and finding industrial and commercial uses. 01-03-12 5 54:0006 City Manager Penman noted that it does not look positive for the City to qualify for Federal or State funding due to the budget deficits at the State and not meeting the Federal funding threshold. oisio City Attorney Stephen Deitsch reported that the City Council previously and timely adopted a proclamation of the existence of a local emergency, in order to keep the emergency proclamation in place the California Government Code requires that the City Council review the need for continuing the local emergency at least once every 30 days until the governing body terminates the local emergency; additionally the city must be aware that it must apply for California emergency funds by February 1, 2012 which is within 60 days of the day of initial local proclamation by submitting a completed Project Application; that before applying for these funds, the City Council must pass a resolution designating an agent for submission and execution of documents relating to the funding therefore it is staff's recommendation that the City Council continue in place Resolution No. 6811 and adopt Resolution No. 6813. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to continue in place Resolution No. 6811 ratifying the proclamation of the existence of a local emergency within the City issued on December 1, 2011 pertaining to the extreme wind event which began on November 30, 2011; and adopt Resolution No. 6813 authorizing designated staff to file within the California Emergency Management Agency requests for financial assistance under the Natural Disaster Assistance Act and similar statutes. AYES: Council Member Harbicht, Chandler, Amundson, Segal and Kovacic NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Coach Bob Jackson at 9:06 p.m. to Tuesday, January 17, 2012, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. AAL , / —4/g AV— IA—. =ry Kovacic, Mayer ATTEST: ames H. Barro' s, City Clerk 01-03-12 6