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Home My WebLink About08/07/201254:0090 CITY COUNCIL /SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 7, 2012 CALL TO ORDER - Mayor Harbicht called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL PRESENT: Council Member Amundson, Kovacic, Wuo and Harbicht ABSENT: Council Member Segal A motion was made by Council Member Kovacic, seconded by Council Member Amundson to excuse Mayor Pro Tern Segal from this meeting. City Attorney Deitsch explained that in order to add an item to the Closed Session agenda the City Council must by a 213 affirmative vote, as required by the Ralph M. ' Brown Act, make two fig wings: (1) there was a need to take immediate action instead of waiting until the next City Council meeting; and (2) that the need to take action arose after the agenda was posted and distributed. Mr. Deitsch added that the Complaint in the matter of SoCal Mobile Food Vendors Association, a California Mutual Benefit Corporation v. City of Arcadia was served on the City on Friday after the agenda was posted and distributed. The City Council unanimously 4 -0 (with Mayor Pro Tern Segal having an excused absence) made the required findings as required by the Ralph M. Brown Act to add a Closed Session item to the agenda. CLOSED SESSION /STUDY SESSION COMMENTS (5 minutes per person) — None 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. Employee Organizations: Arcadia Public Worms Employees Association, Arcadia Police Civilian Employees Association, Arcadia City Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, and Supervisors. CLOSED SESSION ITEM ADDED a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of SoCal Mobile Food Vendors Association a California Mutual Benefit Corporation v. City of Arcadia a California; M inicipa!_Corporation, and Does 1 through 50, individuals (Los Angeles Superior Court (Central Division) Case No. BC488849. 08 -07 -12 54:0091 STUDY SESSION a. Report, discussion and direction concerning potential development and /or boundary reorganization of the property located at 5436 Durfee Avenue. City Manager Lazzaretto announced that Study Session item (a) was pulled at the request of the applicant. b. Report, discussion and direction concerning potential refinancing opportunity for the 2001 General Obligation Bonds (Police Department Facility). Jason Kruckeberg, Assistant City Manager /Development Services Director, and Hue Quach, Administrative Services Director presented the staff report. It was moved by Council Member Kovacic, seconded by Council Member Amundson, and carried on roll call vote to proceed with the refunding of the 2001 General Obligation Bonds with a new General Obligation 2012 Refunding Series A of the 2001 bond issue for the Police Station Project. AYES: Council Member Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Segal The Study Session adjourned at 6:50 p.m. CITY COUNCIL REGULAR MEETING Mayor Harbicht called the regular meeting to order at 7:00 p.m. INVOCATION Reverend Larry Eckholm, Lutheran Church of the Cross PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIL MEMBERS: PRESENT: Council Member Amundson, Kovacic, Wuo and Harbicht ABSENT: Council Member Segal A motion was made by Council Member Kovacic, seconded by Council Member Wuo to excuse Mayor Pro Tem Segal from this meeting. REPORT FROM CITY ATTORNEY ON CLOSED SESSION ITEM City Attorney Deitsch announced that prior to going into Closed Session, the City Council made findings to add an item to the Closed Session agenda as permitted by the Ralph M. Brown Act regarding pending litigation under Government Code section 54959(x); he stated the litigation as SoCal Mobile Food Vendors Association a California Mutual Benefit Corporation v. City of Arcadia; that the complaint was served on the City on Friday, August 3; and pertains to a certain ordinance 08 -07 -12 2 54:0092 in the Arcadia Municipal Code dealing with vending on public streets. He indicated that by a 2/3 affirmative vote, the City Council made the requisite findings to add the Closed Session item because the matter came to the attention of the City after the City Council agenda was posted and distributed; and that there was a need to take action tonight as opposed to waiting. Mr. Deitsch also reported the City Council conducted a closed session to discuss Item (a) under Closed Session on the posted agenda; no reportable action was taken. In addition, Mr. Deitsch announced that after the Closed Session concluded, the City Council conducted a Study Session; he reported that Study Session Item (a) was removed from the agenda and may or may not be considered at a future date; and that Item (b) under Study Session was considered regarding potential refinancing opportunities for the 2001 General Obligation Bonds issued by the City to fund a portion of the Police Department Facility; that in 2001, bonds were issued for the Police Department Facility with a true interest rate of 5.1 %; that the City now has an opportunity to reduce the true interest cost to 3.02% which would be a significant savings by refunding the bonds that were issued in 2001; and that the savings to the property taxpayers of the City would be approximately $950,000 or more. City Attorney Deitsch reported that on motion by Council Member Kovacic, seconded by Council Member Amundson, the City Council unanimously (4 -0, with Mayor Pro Tern Segal having an excused absent) directed staff to proceed with refunding the 2001 General Obligation Bonds with a new General Obligation 2012 Refunding Series A of the 2001 Bond Issue for the Police Station Project. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto advised that photographs were taken by staff of recreational vehicles throughout the community and were only taken to provide the City Council with a general understanding of recreational vehicle parking; and that copies of emails and letters received from residents regarding Public Hearing Item 1.a previously distributed to the City Council electronically will be made a part of the record. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Amundson, seconded by Council Member Kovacic to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARINGS a. Resolution No. 6839 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government Code Section 65089 Recommended Action: Adopt Jim Kasama, Community Development Administrator presented the staff report, Mayor Harbicht opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Kovacic, seconded by Council Member Wuo, and seeing no further objection, Mayor Harbicht declared the public hearing closed. 08 -07 -12 54:0093 It was moved by Council Member Kovacic, seconded by Council Member Amundson, and carried on roll call vote to adopt Resolution No. 6839 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopt the CMP Local Development Report, in accordance with California Government Code Section 65089; and direct the City Clerk to transmit a certified copy of Resolution No. 6839 and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2012. AYES: Council Member Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Segal b. Consideration of Text Amendment No. TA 12 -02; and introduce Ordinance No. 2300 amending various Sections of Article IX (Division and Use of Land) Chapter 2 (Zoning Regulations) of the Arcadia Municipal Code regarding the parking and storage regulations in the single- family residential zones for motor vehicles including recreational vehicles (RVS), trucks, commercial vehicles, motorcycles, motorbikes, buses motorhomes trailers boats and housecars Recommended Action: Introduce Jason Kruckeberg, Assistant City Manager /Development Services Director, and Jim Kasama, Community Development Administrator presented the staff report. Mayor Harbicht opened the public hearing; and with the consensus of the City Council, the Mayor announced a 3 minute time limit per person for comments. The following individuals appeared and spoke in opposition of the proposed ordinance: Stephen Reed Harry Ikeda Bob Kimball Ron Durham Lucinda Moreno Rona Simon Ed Winter James and Theresa Forand Martin Dessoffy Richard Branson James Weiss Gail Francone Ken Petty Eleanor & Vince DiFronzo James Lesh Ted Norwood Phil Andreen Ralph Martinez George Hlista Fred Bauer Sheldon Pattinson Jennifer Gassner Patrick L. Barnes John Tallon Joni Ellis Stephen Ban James Glass Jennifer Biddulph Art Fry Loreta Keshishian Gayle Miller A motion to close the public hearing was made by Council Member Kovacic, seconded by Council Member Amundson, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Council Member Kovacic, seconded by Council Member Wuo, and carried on roll call vote to reopen and continue the public hearing to September 4, 2012; and bring back a revised ordinance removing the regulations relating to front yard parking. I AYES: Council Member Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Segal 08 -07 -12 M 54:0094 City Manager Lazzaretto stated that notices regarding the continued public hearing will be mailed to everyone who submitted a speaker card. The City Council called a 5 minute recess. C. Appeal of the Planning Commission denial of Conditional Use Permit Application No. CUP 12 -06 for a 580 square -foot tutoring center for children ages 14 -18 with a maximum attendance of 15 students at one time at 909 South Santa Anita Avenue Unit L. Recommended Action: Approve subject to conditions Council Member Wuo announced that he will not be participating in any discussion on this item; that he has a conflict of interest because he owns a similar type of business. Council Member Wuo excused himself from the Chambers. Jim Kasama, Community Development Administrator presented the staff report. Mayor Harbicht opened the public hearing. Gordon Eng and Holvin Louie, the applicants, appeared and discussed the hours of operation for Pi Tutorial; they indicated that most of the students will walk from Arcadia High School to the tutoring center after school and do not anticipate traffic problems; and urged the City Council to overturn the Planning Commission's decision and approve the Conditional Use Permit application. Miranda Lee, representing the parents of the students of Pi Tutorial, appeared and urged the City Council to overturn the Planning Commission's decision and approve the Conditional Use Permit application. A motion to close the public hearing was made by Council Member Amundson, seconded by Council Member Kovacic, and seeing no further objection, Mayor Harbicht declared the public hearing closed. It was moved by Council Member Kovacic seconded by Council Member Amundson, and carried on roll call vote to approve the appeal to overturn the Planning Commission's decision and approve Conditional Use Permit Application No. CUP 12 -06, sUbject to the Conditions of Approval set forth in the staff report. AYES: Council Member Kovacic, Amundson, and Harbicht NOES: None ABSENT: Council Member Segal ABSTAIN: Council Member Wuo PUBLIC COMMENTS Floretta Lauber appeared and invited everyone to attend the fundraiser on August 26 for the new Education Center; and commented on the Historical Museum's new website. 54:0095 REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). Council Member Amundson commented on the recent meeting of the Downtown Arcadia Community Benefit District (CBD) Steering Committee, and announced the next meeting will be on September 12, 2012, at the Chamber of Commerce. Council Member Wuo congratulated David Burke, General Manager of Westfield Santa Anita who was named Business Person of the Year by the Arcadia Chamber of Commerce; and announced the County of Los Angeles Hazardous Waste and E -Waste Roundup on Saturday, August 18 at the Race Track. Council Member Kovacic announced the Museum's Education Center Fundraiser, August 26; Taste of Arcadia, September 24; Methodist Hospital Crystal Ball, October 13, and the Grand Opening of the new Performing Center at the Arcadia High School on October 20; and urged everyone to attend. Mayor Harbicht commented on the City's investments and the potential need to make some minor revisions to the City's Investment Policy; he discussed correspondence received from the Los Angeles County Sanitation District requesting cities to send letters of opposition to State Legislators regarding the passing of proposed legislation regarding green waste and diversion goals which will be acted on by August 31. Mr. Harbicht requested the City Council make the requisite findings to add this item to the agenda tonight because (1) the matter came to the attention of the City after the City Council agenda was posted and distributed; and (2) the need to take action tonight is immediate as opposed to waiting. Mayor Harbicht made a motion, and seconded by Council Member Kovacic that the requisite findings to add the request from the Los Angeles s County Sanitation District regarding green waste and division goals be added to the agenda for action. AYES: Council Member Harbicht, Kovacic, Amundson and Wuo NOES: None ABSENT: Council Member Segal In response to a question raised by Mayor Kovacic, Mr. Lazzaretto stated that staff reviewed the request and sample letter provided by the Los Angeles County Sanitation District, and concurred that the proposed legislation will create problems, lead to higher tipping rates and higher refuse rates to the end users, and that staff supports sending the letter of opposition to the State Legislators, if direction is given to staff by the City Council. On motion by Council Member Kovacic, seconded by Council Member Amundson, the City Council unanimously (4 -0, with Mayor Pro Tem Segal having an excused absent) directed staff to work out final language, as expressed by Mayor Harbicht, and send letters to the various legislators as requested by the Los Angeles County Sanitation District opposing the passing of proposed legislation regarding green waste diversion. City Clerk Glasco announced that August 5 -11 is National Health Center Week; and noted that everyone is entitled to medical treatment even if they have no health insurance, he provided information on where individuals can get free medical treatment; he also announced that at the City Council meeting of September 4, representatives from the Arcadia Volunteer In Patrol Service C. (VIPS) will be making a presentation regarding volunteering and the recruiting process. 08 -07 -12 I 54:0096 2. CONSENT CALENDAR a. Approve the Regular Meeting Minutes of July 17, 2012. Recommended Action: Approve b. Adopt Ordinance No. 2299 amending various Sections of Article IX (Division and Use of Land), Chapter 2 (Zoning Regulations) of the Arcadia Municipal Code. Recommended Action: Adopt C. Adopt Resolution No. 6842 determining the amount of revenue to be raised from Property taxes for Fiscal Year 2012 -13 to pay for the debt service on the 2001 and 2011 General Obliaation Bonds. Recommended Action: Adopt d. Authorize and direct the Citv Manager to execute a one (1) vear 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. erect the bid for the purchase of tires and tire related services for City vehicles; and direct staff to re -bid the contract. Recommended Action: Approve f. Award a one year contract to HD Supply Waterworks for the purchase of Data Log Radio Read Water Meters for the City's Water distribution system in the amount of $250,000. Recommended Action: Approve g. Accept all work performed by Nobest, Inc. for Handicap Ramps /Sidewalk Improvements in the vicinity of Colorado Boulevard between Colorado Place and San Antonio Road as complete. Recommended Action: Approve h. Accept all work performed by Avi -Con Construction, Inc. DBA CA Construction for construction of the Energy Efficiency Retrofits to City Hall; and authorize the final Payment to be made in accordance with the contract documents. Recommended Action: Approve Authorize and direct the City_ Manaqer to execute Amendment No. 1 to the Professional Services Agreement with AHBE Landscape Architects for the Gold Line Transit Plaza Design Development in the amount of .$30,156; and approve a 10% contingency. Recommended Action: Approve Authorize the expansion of Arcadia Transit Services for Breeders' Cup World Championship events at Santa Anita Park. Recommended Action: Approve 08 -07-12 54:0097 k. Authorize and direct the City Manaqer t_o__execute a contract with Dav Wireless Systems for Fire Department radios installation service and parts in an amount not to exceed $45,000 for Fiscal Year 2012 -13 and two (2) additional one -near periods through June 30, 2015. Recommended Action: Approve Authorize and direct the City Manager to execute a one (1) year contract extension with Sunqard Pentamation for Financial System Software Maintenance in an amount not to exceed $32,100. Recommended Action: Approve M. Approve a supplemental appropriation not to exceed $18,500 for the upfront cost of replacing Fire Department radios that will be reimbursed through the 2009 State Homeland Security Grant Program. Recommended Action: Approve n. Authorize and direct the City Manager to execute a one year contract with Cutwater Asset Management for Investment Management Services in an amount not to exceed $41,000. Recommended Action: Approve It was moved by Council Member Kovacic, seconded by Council Member Wuo, and carried on roll call vote to approve Consent Calendar items 2.a. through 2.n. AYES: Council Member Kovacic, Wuo, Amundson, and Harbicht NOES: None ABSENT: Council Member Segal 3. CITY MANAGER ITEM a. Adopt Resolution No. 6840, 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 regarding Pre - Retirement Option Settlement 2W Death Benefit. Recommended Action: Adopt Introduce Ordinance No. 2301 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 regarding Pre - Retirement Option Settlement 2W Death Benefit. Recommended Action: Introduce Heather McDowell, Human Resources Analyst presented the staff report. It was moved by Council Member Kovacic, seconded by Council Member Amundson, and carried on roll call vote to adopt Resolution No. 6840, a Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council, City of Arcadia regarding Pre - Retirement Option Settlement 2W Death Benefit; and appropriate funds in the amount of $25,757 to cover the increased CaIPERS costs from the General Fund and $4,500 from various other funds; and introduce Ordinance No. 2301 authorizing an amendment to the contract between the City Council of the City of Arcadia and 11•: the Board of Administration of the California Public Employees' Retirement System regarding Pre - Retirement Option Settlement 2W Death Benefit. AYES: Council Member Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Segal SUCCESSOR AGENCY a. Adopt Successor Agency Resolution No. SA -4 approving and adopting the Recognized Obligation Payment Schedule (ROPS) for the period January 1, 2013 through June 30, 2013, pursuant to Health and Safety Code Section 34177(m). Recommended Action: Adopt Jerry Schwartz, Economic Development Manager presented the staff report. It was moved by Successor Agency Member Wuo, seconded by Successor Agency Member Amundson, and carried on roll call vote to adopt Successor Agency Resolution No. SA -4 approving and adopting the Recognized Obligation Payment Schedule (ROPS) for the period January 1, 2013 through June 30, 2013, pursuant to Health and Safs-ty Code Section 34177(m). AYES: Successor Agency Member Wuo, Amundson, Kovacic'and Harbicht NOES: None ABSENT: Successor Agency Member Segal 00TOIENT I M11 AM There being no other business, the Mayor adjourned the meeting in memory of Harold "Hal" Ward, an Arcadia Eye Surgeon at 10:35 p.m. to August 21, 2012, at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. ATTEST: Gene Glasco, C# Clerk Robert C. Harbicht, Mayor 08 -07 -12 9