HomeMy WebLinkAboutSeptember 2,200850: 0114
CITY COUNCIUREDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 2, 2008
CALL TO ORDER
Mayor Harbicht called the Meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
John Martin, Kare Youth League appeared and spoke on their proposal to the City to purchase
a portion of the Arcadia Par 3 Golf Course.
Harry Joe, President Well Fargo Bank appeared and spoke in support of Kare Youth League's
proposal to the City.
Richard Park appeared and spoke in support of Kare Youth League's proposal to the City.
' CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel
regarding potential litigation -one (1) case.
b. Pursuant to Government Code Section 54956.8 conference with real property
negotiators:
Pro a :Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia)
City Negotiators: City Manager and Assistant City Manager/Public Works
Services Director
Negotiating Parties: City of Arcadia and Kare Youth League (John Martin)
Under Negotiation: Price and Terms of Payment
STUDY SESSION
a. Report, discussion and direction regarding Holiday Decoration Proposal options
Recommended Action: Provide direction
Connie Schacatano, Executive Assistant in the City Manager's office presented and
summarized the two holiday decoration proposals received for decorations in the
Redevelopment Project Area on Huntington Drive between Santa Clara and Fifth.
It was the consensus of the City Council to enter into a 3 year lease agreement in amount of
' $28,500 annually with Dekra-Cite.
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RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. ,
INVOCATION
Mayor Robert Harbicht
PLEDGE OF ALLEGIANCE
Fire Chief Tony Trabbie
ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
City Attorney Steve Deitsch reported that the Redevelopment Agency conducted a study
session concerning Item a listed on the posted agenda under Study Session. He noted that it
was a report, discussion and direction regarding a Holiday Decoration program where the
Redevelopment Agency decided to enter into a three year lease program in the amount of
$28,500 per year to install holiday decorations and lights in the downtown redevelopment
agency commercial area for the purpose of promoting holiday festivities.
In addition, Mr. Deitsch reported that the City Council/Redevelopment Agency met in closed '
session to consider Items a and b on the posted agenda under closed session. He reported
that Item a which is anticipated litigation, no reportable action was taken; and he deferred Item a
to the Mayor.
The Mayor announced that regarding Item b under closed session regarding the possible sale of
part of the golf course property, the City Council rejected Kare Youth League's counter offer
proposal and end all negotiations.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
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 Amundson, seconded by Council/Agency
Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
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PUBLIC HEARING
CITY COUNCIL ITEMS:
a.
Jim Kasama, Community Development Administrator presented the staff report regarding a
Mountainous Development Permit Application submitted by the property owners to legalize a
deck that extends out from the top of the slope at the rear of the residence; he noted that
Residential Mountainous Development Permit applications are subject to Planning Commission
review and to the City Council, if appealed; he further noted that this application was not
appealed but must be considered by the City Council since It would involve waivers of
conditions of approval that were imposed- by the City Council in 1986 for the subdivision that
created the subject property. Mr. Kasama commented that the deck can be retrofitted to satisfy
current building and safety codes and maintained in a manner that will satisfy the R-M
development criteria and the City's Single-Family Architectural Guidelines and recommends
approval of the applicant's request subject to the conditions listed in the staff report.
Mayor Harbicht opened the public hearing.
Annie Wei, daughter of the property owner appeared and spoke in support of approving the
deck on behalf of her father and noted that her father was not aware that permits were required.
Bob Stricker, Civil Engineer for the property owner and original development, appeared and
noted that plans have been prepared to legalize the deck.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Amundson and seeing no further objection, the Mayor declared the public
hearing closed.
It was moved by Council Member Chandler, seconded by Council Member Wuo and carried on
roll call vote to approve the Residential-Mountainous Development Permit No. RM 08-01 and
Architectural Design Review, accept staffs determination of a Categorical Exemption and
directed staff to prepare a resolution for adoption at the next City Council meeting which
includes the conditions of approval and findings that the deck and light fixtures are consistent
with the provisions of the R-M Zone.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
PUBLIC COMMENTS
Assembly Member Anthony Portantino appeared and delivered his State of the State address
regarding current legislation, health care issues, the State budget and other matters related to
Arcadia.
os-oz-Zoos
Recommended Action: Approve
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Pamela Bennett resident of Alta Street Classics appeared and spoke regarding Homeowner '
Association, structural and property maintenance issues.
Harry Joe appeared and spoke in support of Kare Youth League and asked the City Council
reconsider its decision to end all negotiations with Kare Youth League.
David Guerrero appeared and spoke in support of Kare Youth League and asked the City
reconsider its decision to end all negotiations.
Steven Martin appeared and spoke in support of Kare Youth League.
Nancy Burch appeared and read a letter from President of the Bye Bye Birdies Club at Arcadia
Par 3 Golf Course in support of Kare Youth League.
Steven French appeared and spoke in support of Kare Youth League.
Noel Walsh appeared and read a letter from her husband Dr. Walsh in support of Kare Youth
League.
Leslie Orsburn, Principal Rio Hondo Prep School appeared and spoke in support of Kare Youth
League.
Greg Bolinger, Kare Youth League Program Director appeared and spoke in support of Kare
Youth League's proposal and asked that the City reconsider its decision to end all negotiations.
Casey Clevenger appeared and spoke about improving the golf course. '
John Maron appeared and spoke in support of Kare Youth League.
Dave Reid appeared and spoke in support of Kare Youth League and asked the City reconsider
its decision to end all negotiations.
Jim Hanna appeared and spoke in support of Kare Youth League
Arthur Tashkesen appeared and spoke in support of Kare Youth League and asked the City
reconsider its decision to end all negotiations.
John Martin appeared and spoke regarding Kare Youth League proposal to purchase a portion
of the Arcadia Par 3 Golf Course.
Joseph Kovalik appeared and spoke regarding noise, disorderly conduct and disturbances from
Bar Twist.
REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK
Council Member Kovacic thanked everyone who appeared and spoke in regarding the Kare
Youth League matter; he noted that the Kare Youth League offer was too low and commented
on an item in the police blotter regarding a child abuse matter.
Council Member Amundson. commented_on_the_incredible turn out in support of Kare Youth
League and the counter proposal to the City by Kare Youth League.
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Council Member Chandler commented on a burglary matter on the police blotter and
encouraged residents to call the police when suspicious activity is suspected and commented
on the speaker complaining about Bar Twist.
Council Member Wuo appeared and commented on the turn out in support of Kare Youth
League; he announced that he was in San Francisco for his oldest son's wedding and noted
that tomorrow is the first day of school in Arcadia and encouraged everyone to drive carefully
and be observant of the traffic and parking laws.
Clty Clerk Barrows reported that the traffic around the high school was heavy and encouraged
everyone to be carefully around the schools for the safety of the children; he apologized for
missing the last City Council meeting and thanked Deputy City Clerk Marina Simonian for
assisting the Chief Deputy City Clerk Lisa Mussenden; and noted that last week he attended a
last minute planning session for music camp for about 700 kids from Arcadia High School.
Mayor Harbicht read a letter he received letter from Peter L. Tweak complimenting the police for
their professionalism in a police related matter on his street; he commented on a complaint
received from a resident a couple of meetings ago under public comment who was not happy
with the response received by a Police Department dispatcher when she called the police on a
mall situation; Mayor Harbicht noted that the Police Department did respond to the situation at
the Mall and reported for the month of July 2008, the police department responded to 295 calls
for service and further noted that the situation was addressed properly; he commented on a
letter he received from the Mayor of Anaheim Kurt Pringle that they have taken action regarding
retiree medical benefits and suggested that the City Manager contact the City of Anaheim to
obtain additional information and would like to see this item placed on a future study session.
Mr. Martin stepped up to the podium and addressed the City Council; he inquired as to the vote
in closed session regarding Kare Youth League's proposal to the City noting that the Brown Act
requires this.
In response to Mr. Martin's request for the vote in closed session, City Attorney Steve Deitsch
reported that the City Council gave direction to its negotiators and there is no other requirement
to report anything else.
Mayor Harbicht responded that the City Council 4-1 to rejected the offer made by Kare Youth
League.
CONSENT CALENDAR
CITY COUNCIL ITEMS:
a. Accent donations in the amount of $16.514 from the Arcadia Public Library
Foundation for orograms and equipment at the Library.
Recommended Action: Approve
b.
' the amount of $105.000. V V v
Recommended Action: Approve
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c.
d.
e. Award a Purchase Order to Ironman Parts & Services for the Installation of
Recommended Action: Approve
$192.046.32.
Recommended Action: Approve
g. Authorize the purchase of computer workstations and monitors from Dell
Computer Corporation in the amount of $65 181.62 and authorize a cooperative
purchase using the Western States Contracting Alliance bid contract
Recommended Action: Approve
A motion was made by Council/Agency Member Chandler seconded by Council/Agency '
Member Wuo and carried on roll call vote to approve items 2.a through 2.g on the City
Council/Agency Consent Calendar.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
ABSTAIN: Council Member Kovacic (Consent Calendar Item 2.c.)
3. CITY MANAGER
a. Approve a Transit Service Program for Breeders Cup Events
Recommended Action: Approve
Linda Hui, Transportation Services Manager provided the staff report regarding transit services
for the Breeders' Cup event at the Santa Anita Race Track on October 24 and 25, 2008 and in
November 2009. Ms. Hui reported that transit services will serve Santa Anita Park, selected
points of interest and major hotels in Arcadia as well as some hotels in Monrovia; she further
reported that staff will coordinate with Santa Anita Park to develop the most effective route plan
and work with Southland Transit to develop a service plan that would accommodate event
needs without compromising the regular transit services for the general public. She noted that
in the past, the City provided bus services without collecting fares; the bus operators kept track
of the number of riders and after the event, Santa Anita Park reimbursed the City. She reported
that new federal regulations prohibit federal transit fund recipients from providing charter type
services. She. noted. that Santa Anita Park management requested the transit fare not be
collected from the riders at the time of boarding and that Santa Anita Park be allowed to
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Recommended Action: Approve
Recommended Action: Approve
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reimburse the City the uncollected fares. She further noted that since the City cannot accept
payments from third parties for transit services the City would not be able to comply with Santa
Anita Park's request and recommends waiving passenger fares during the two day event which
may cost between $2,000 -$3,000 and noted that the Arcadia Transit budget has enough funds
to cover the cost.
It was moved by Council Member Kovacic, seconded by Council Member Amundson and
carried on roll call vote to provide free bus service to visitors and the general pubic, including
service to selected locations outside the City limits for the 2008 Breeders' Cup World
Championships event on October 24 and 25, 2008 and the option of providing a similar service
for the 2009 event.
AYES: Council Member Kovacic, Amundson, Chandler, Wuo and Harbicht
NOES: None
ABSENT: None
b.
City Manager Don Penman noted that at a previous meeting, the City Council directed staff to
prepare a report and bring back to a future meeting, an agenda item regarding verification of
employment eligibility of City employees and persons who are employed by contractors that
perform services for the City and how the City currently addresses verification of employment.
He reported that the Federal law requires that persons employed in the United States must be
either a citizen or have some form of legal status and companies with employees, including the
City of Arcadia, must comply with Federal laws in their hiring practices in addition to other
federal state and local employment laws and policies. He further reported that the City has
general language in its contracts and professional service agreements that contractors and/or
consultants must comply with all state and federal law, bu.t does not include language specific to
the legal status of employment eligibility of their employees. Mr. Penman noted that the City
already complies with the current law to ensure that potential employees have appropriate
documentation and. legal status prior to employment and feels there is no need to modify the
City's procedures at this time. He provided the City Council with three options for consideration
regarding employees of City contractors and alternatives should the City Council desire a more
active program to verify compliance with employment laws relative to the City contractors.
City Attorney Steve Deitsch explained the legal ramifications and remedies for non-compliance.
Mayor Harbicht suggested that specific language be put in every contract, agreement and
request for proposal that the City of Arcadia requires all workers be legal and the City reserves
the right to request documentation of employment status.
City Attorney Deitsch noted that a certified document can be requested of the contractor that all
his employees work status has been verified.
It was moved by Council Member Harbicht seconded by Council Member Amundson and
carried on roll call vote to have the City Attorney and City Manager draft language to be placed
in every City contract, agreement and request for proposal that all workers be legal and that-the
09-02-2008
Recommended Action: Provide direction
50: 0121
City reserves the right to request documentation of employee employment status, to the extent
permitted bylaw, and bring back to the City Council for final approval.
AYES: Council Member Harbicht, Amundson, Chandler, Kovacic and Wuo
NOES: None
ABSENT: None
c. Consideration of Adoption of the following Resolutions related to the formation of
the Arcadia Citvwide Lighting District 2009-1:
thereto commencing with Fiscal Year 2009-2010.
Recommended Action: Adopt
Adopt Resolution No. 6642 preliminarily approving the Engineer's Report
2009-2010.
Recommended Action: Adopt
Adopt Resolution No. 6643 declaring its intention to form the Arcadia Citvwide
Lighting District 2009-1; and to conduct a propertv owner balloting on the matter
of new assessments related thereto commencino with Fiscal Year 2009-2010.
Recommended Action: Adopt '
Assistant City Manager/Public Works Services Director Pat Malloy reported that at the last City
Council meeting staff made a presentation to the City Council regarding the formation of a
Street Lighting Assessment District and provided a summary of the California Supreme Court
decision that changed the way special assessments can be levied. He noted that the City
Council directed staff to assess the District based on its current contribution to the street lighting
system plus District administration and rehabilitation costs for properties receiving a direct
benefit from the street lights on their streets and come back with a new Engineer's Report
changing the rates and how the property owners will be assessed.
Deputy Public Works Services Director Tom Tait presented a brief summary of the three
resolutions required in order to proceed with the formation of a Citywide Street Lighting District.
Mr. Tait noted that at the August 19`h meeting, the City Council directed staff to assess the
proposed Citywide Street Lighting Assessment District based on current assessment. He
further noted that a budget was prepared that maintains the existing assessments to the
property owners city wide based on special benefit plus administration costs and a portion of
rehabilitation costs. He explained that Zone 1 areas with street lights will be assessed $2.00
per month, Zone 2 areas with sporadic lights will be assessed $0.84 per month and Zone 3
areas with no street lights and no direct street lighting benefit to the property owners will not be
assessed; that the assessments are the maximum proposed assessment that each assessed
parcel will pay for the 2009-2010 property tax roll and a 3% inflationary adjustment rate is
proposed to be added for each fiscal year thereafter to account for reasonable increases in
electricity and inflation that is inevitably associated with the ongoing maintenance and operation
of street lights; that ballots will be mailed out the first week of October and a public hearing will
be scheduled for the November 18,_2008_City Council meeting and following-the public hearing,
ballots will be tabulated and the results declared at the December 2, 2008 City Council meeting.
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He noted that if the formation of Citywide Street Lighting District fails, the lost revenue would be
made up from other sources which could cause an impact on City services such as street
sweeping, tree trimming or landscape maintenance.
It was moved by Council Member Chandler, seconded by Council Member Wuo and carried on
roll call vote to adopt Resolution No. 6641 initiating proceedings for the formation of the Arcadia
Citywide Lighting District 2009-01; and the levy and collection of assessments related thereto
commencing with fiscal year 2009-2010; Resolution No. 6642 approving the Engineer's Report
regarding the formation of the Arcadia Citywide Lighting District 2009-01; and the levy and
collection of assessments related thereto commencing with fiscal year 2009-2020; and
Resolution No. 6643 declaring its intention to form the Arcadia Citywide Lighting District 2009-
01; and to conduct a property owner balloting on the matter of new assessments related thereto
commencing with Fiscal Year 2009-2010.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
d.
Recommended Action: Provide direction
Due to City Council action reported in closed session, this item was not discussed or acted
upon.
' ADJOURNMENT
The City Council/Redevelopment Agency adjourned this meeting in memory of Mary McVey
(mother of City Employee Dave McVey) at 10:00 p.m. to September 16, 2008, 6:00 p.m. in the
City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia.
~~~~~~
Robert C. Harbicht, Mayor
ATTEST:
~~
James H. Barrarr w~rk
09-02-2008