HomeMy WebLinkAboutJANUARY 2,2007
I
I
I
49:0001
CITY COUNCIUREDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, JANUARY 2, 2007
The City Council and Redevelopment Agency of the City of Arcadia met at 6.00 p.m. in a regular
closed session meeting in the Arcadia City Council Chamber Conference Room.
CALL TO ORDER
The Mayor Chandler called the meeting in order at 6:00 p.m.
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
PRESENT:
ABSENT:
Amundson, Harbicht, Segal, Wuo and Chandler
None
CLOSED SESSION
a. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One
(1) case,
b. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One
(1) case.
c,
Public Ernployee Performance Evaluation (Government Code Section 54957)
Title: City Manager
STUDY SESSION PUBLIC COMMENTS - None
a, Presentation and review of Mid Year Budget.
City Manager Bill Kelly provided an overview of the current 2006-2007 fiscal year budget as of
November 30, 2006, which included additional appropriations and anticipated expenditures
since the budget was adopted. Mr. Kelly explained that the additional appropriations made to
the budget are longevity pay, the November 2006 special election, signal maintenance cost
increases, the May 2008 special election and miscellaneous adjustment and carryovers. Mr.
Kelly also provided an overview of the upcoming 2007-2008 fiscal year budget including review
of projected revenues, the capital and equipment funds, and the emergency reserve fund,
Further, Mr. Kelly discussed the civic inter-project to be scheduled for a future study session
and noted a proposal to overstaff the Police Department by two (2) positions to reduce the
vacant position problem (to be scheduled as a future agenda item).
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION
The Mayor convened the Open Session meeting at 7:00 p.m.
INVOCATION
Reverend John Payton, Point Loma Nazarene University
1
01-02-2007
49:0002
PLEDGE OF ALLEGIANCE
Deputy Fire Chief Tony Trabbie
I
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Members Chandler, Segal, Amundson, Harbicht and Wuo
ABSENT: None
REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY
SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency Board met in
closed session to consider the three (3) items listed under closed session on the agenda. Mr.
Deitsch reported that the first two cases were cases of potential litigation. They are two claims
filed against the City (1) Claim of Alice Ai and (2) Claim of Carlos Recendez. No reportable
action taken.
The last item was a Public Employee Performance Evaluation of the City Manager. No
reportable action was taken.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None
I
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 Harbicht and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
1. PUBLIC HEARINGS/COMMENTS (5 minutes per person)
a. RESOLUTION NO. 6544 AUTHORIZING THE ARCADIA POLICE
DEPARTMENT TO USE FUNDS ALLOCATED FROM THE CITIZENS' OPTION
FOR PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND (COPS-SLESF\ FOR THE PURPOSE OF FRONT LINE POLICE
SERVICES.
Recommended Action: Adopt
City Manager Bill Kelly provided an overview of the COPS program. Mr. Kelly explained that
under the COPS program, each year the state legislature provides supplemental funding for
local police departments. The COPS program enables local police agencies to enhance public
safety by purchasing equipment and/or services otherwise unavailable through the budget. Mr.
Kelly reported that since 1997, the pOlice department has used these funds for a crime analysis
unit. Mr. Kelly advised that it is staff's recommendation that the City Council adopt Resolution
No. 6544 to use funds allocated from the Citizen's Option for Public Safety-Supplemental Law I
Enforcement Fund (COPS-SLESF) for the purposes of front line police services,
2
01-02-2007
I
I
I
49:0003
A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member
Harbicht to close the public hearing,
Council Member Harbicht commented that the City will be receiving $109,000 and the cost to
fund the crime analyst position is $98,500. Council Member Harbicht asked what the difference
is used for.
City Manager responded that the remaining funds are used to purchase equipment and support
services,
A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member
Harbicht to adopt Resolution No. 6544 to use funds allocated from the Citizens' Option for
Public Safety-Supplemental Law Enforcement Fund (COPS-SLESF) for the purpose of front line
police services.
AYES:
NOES:
Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler
None
b. 2007-2008 STATEMENT OF OBJECTIVES AND PROJECT USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGl FUNDS.
Recommended Action: Approve
Assistant City Manager/Development Services Director Don Penman provided the staff report
and explained in detail the objectives and project uses of CDBG funds. Mr. Penman explained
that the City has been a participant in the Community Development Block Grant (CDBG)
Program for over 30 years. Mr. Penman explained that this money is funded by the U,S.
Department of Housing and Community Development (HUD) and is administered through the
Los Angeles County Community Development Commission, The program objectives primarily
benefit low and moderate income persons and families; he further noted that historically the
funds have been allocated to the City's Housing and Rehabilitation Program where the City
qualifies homeowners to do various home improvements such as electrical, plumbing, painting,
new roofs, weather striping and asbestos removal. Mr. Penman advised that the grant allows a
maximum of 15% of the funds to be used for public services. He further commented that
annually, the City Council has allocated funds to senior citizen services such as meal on wheels
for homebound seniors, an information and referral service program for seniors where they can
obtain assistance with medical and medicare, social security issues and filing income taxes. Mr.
Penman further explained that the City also offers programs for youths 18 years and younger
who must come from low and moderate income families. Mr. Penman noted that for fiscal year
2007-08 beginning July 2007, the City will receive $427,845. Mr. Penman recommends at the
conclusion of the public hearing, that the City Council allocate funds to the various programs as
recommended and also authorize the City Manager to execute the necessary Memorandum of
Understandings with the Los Angeles County Community Development Commission.
Council Member Harbicht questioned that there are 21 homes in the housing rehabilitation
program with a maximum of $12,000 for a total of $260,000 and staff is recommending an
allocation of $320,OOO?
Mr. Penman responded that the remaining funds are used to pay for various administrative
costs such as the City's consultant who administers the program on behalf of the City,
3
01-02-2007
49:0004
Council Member Harbicht commented that Arcadia does not have blighted neighborhoods. He
also commented that the seniors receiving these funds live in nice neighborhoods but may not I
have the income to continue maintenance of the property, Mr, Harbicht also commented that
making various home improvements benefit the entire neighborhood,
A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency
Member Wuo to close the public hearing.
A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member
Harbicht to approve the allocation of funds as outlined in Table 1 and to authorize the City
Manager to modify the program allocation should amendments become necessary and to
execute the Memorandums of Understanding with the Los Angeles County Community
Development Commission to be submitted to the County as a later date.
AYES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler
NOES: None
Natalia Sanchez-Niqolian, 951 Paloma Drive discussed that this past year 2 huge Ash trees on
Paloma Drive were cut down because the rain caused broken branches and the trees were
unsafe, She has saved over $600 by selling jewelry and returning unnecessary Christmas gifts
and would like to donate it to the "Save the Paloma Drive Tree" fund, She asked the City to
help her in saving the trees on Paloma Drive. She has also gathered a petition of all Paloma
Drive residents who agree and support the "Save the Paloma Tree" campaign.
City Manager Bill Kelly commented that the Public Works Services Department has been talking
with the family and he will arrange a meeting to discuss the trees on Paloma Drive.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
I
Council Member Amundson wished everyone a Happy New Year. Mr. Amundson mentioned
that his family celebrated New Years Day at the Rose Parade. Mr. Amundson asked about a
new law GASB 45 which is Government Accounting Standards Board. Council Member
Amundson closed his comments in memory of former President Gerald Ford.
City Manager Bill Kelly explained the difference between GASB 43 and 45. Mr. Kelly explained
that GASB 43 deals with retirement and that the City of Arcadia is part of PERS where the City
has no unfunded liability. GASB 45 deals with retiree health and medical benefits. Mr. Kelly
explained that under federal law, a report will be brought back to the City Council by December
2007 and it will be reviewed as part of the July 2008 budget to ensure that the City does not
have any extraordinary liabilities. Mr. Kelly also explained that the City has to make sure that
there are enough funds to cover health and medical benefits.
Council Member Segal wished everyone a Happy New Year, Council Member Segal
encouraged everyone to stay involved in the developments going on in the City. Council
Member Segal shared his personal experience with former President Geraid Ford on a plane
from London to Los Angeles,
Council Member Harbicht commented that City Council Members received a letter from a
resident commending Dave McVey and Mark Ornelas of the Public Works Services Department I
indicating that these two employees were extremely helpful in assisting her with her electrical
problem and driveway repair. Council Member Harbicht thanked Dave and Mark and also all
City employees for the exemplary service they provide to the residents of Arcadia. Mr. Harbicht
wished everyone a Happy New Year,
4
01-02-2007
I
I
I
49:0005
Council Member Wuo wished everyone a Happy New Year. Mr. Wuo announced that Preferred
Bank in Arcadia donated $1,000 each to the Police and Fire Departments. Council Member
Wuo also thanked Sandy Ho, Senior Vice President of Preferred Bank for the donation and
announced that Ms. Ho also served 8 years as an Arcadia Beautiful Commissioner. Council
Member Wuo commented about several foot massage businesses moving into Arcadia. Mr.
Wuo would like to place on a future agenda for discussion the issue of neon signs in business
windows. Mr, Wuo also noted that he observed at the corner of Santa Anita and Duarte 4 neon
signs in a business window. Mr. Wuo also requested that he would like a moratorium in place to
stop the issuance of future licenses to foot massage businesses who come to Arcadia.
City Manager Bill Kelly responded that there is a sign ordinance in place that regulates neon
signs in windows. Mr. Kelly indicated that he will provide the City Council with a summary report
relating neon signs. Mr, Kelly also advised that staff will research the foot massage business
issue and report back to the City Council.
City Clerk Jim Barrows wished everyone a Happy New Year. Mr. Barrows commented that the
kids at the elementary schools really enjoyed the Breakfast with Santa and the Snow Festival
events. He also thanked Roberta White and her staff for a great job.
Mayor Chandler thanked the Arcadia Beautiful Commission and Linda Garcia for all their hard
work in putting together the Santa Squad. Mayor Chandler announced that 2007 will be a busy
year for the City with important issues including the upcoming special election in May 2007.
Mayor Chandler announced the grand opening of the Cheesecake Factory.
2.
CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES. DECEMBER 5. 2006.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, DECEMBER 5. 2006.
Recommended Action: Approve
c. RESOLUTION 6550 RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7.2006 DECLARING THE RESULTS AND
SUCH OTHER MATTERS AS PROVIDED BY LAW.
Recommended Action: Adopt
d. ACCEPT ALL WORK PERFORMED BY OAK ENGINEERING INC. FOR THE
TRAFFIC SIGNAL INSTALLATION AT FIRST AVENUE AND SANTA CLARA
AVENUE PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT
TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
Recommended Action: Approve
5
01-02-2007
49:0006
e,
ACCEPT ALL WORK PERFORMED BY FREEWAY ELECTRIC FOR THE
TRAFFIC SIGNAL MAST ARM AND POLE REPLACEMENT AT SANTA ANITA
AVENUE AND FOOTHILL BOULEVARD PROJECT AS COMPLETE AND
AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS.
Recommended Action: Approve
I
f. ACCEPT ALL WORK PERFORMED BY KDC INC.. DBA DYNALECTRIC FOR
FIBER OPTIC INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE
THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE
CONTRACT DOCUMENTS.
Recommended Action: Approve
g. ACCEPT ALL WORK PERFORMED BY PARSAM CONSTRUCTION. INC. FOR
THE PECK ROAD PLANT SECURITY WALL CONSTRUCTION AS COMPLETE
AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE
WITH THE CONTRACT DOCUMENTS SUBJECT TO A RETENTION OF
$14.334.02.
Recommended Action: Approve
A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member
Harbicht, and carried on roll call vote to approve the Consent Calendar items 2-a. through 2-g
on the City Council/ARA Consent Calendars.
AYES:
NOES:
Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler
None
I
3. CITY MANAGER
a. RESOLUTION NO, 6551 ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF ARCADIA AT A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY. MAY 8.2007 OF A CERTAIN MEASURE RELATING
TO EMINENT DOMAIN AND TO PERMITTED LAND USES IN THE CENTRAL
BUSINESS DISTRICT ZONE.
Recommended Action: Adopt
b. RESOLUTION NO. 6552 SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE MEASURE.
Recommended Action: Adopt
City Attorney Steve Deitsch read the titles of each Resolution and presented the staff and
background report on the City's proposed initiative ordinance. Mr. Deitsch explained that the
Eiections Code allows the City Council to submit a legislative sponsored initiative directly to the
voters by adopting a resoiution ordering a special election on the measure. Mr. Deitsch further
explained that the Elections Code also permits the City Council to place a competing initiative
on the same ballot of an already scheduled initiative election. Mr. Deitsch further explained that
the measure that receives the most votes take precedence in an initiative election.
Mr. Deitsch noted that on November 21, 2006 the City Council adopted Resolution No. 6545 I
aiready ordering a special election on an initiative measure to amend the general plan and
zoning regulations relating to permitted and prohibited uses within the Central Business District
Zone. Mr. Deitsch noted that the prior initiative was submitted by a private proponent and deals
6
01-02-2007
I
I
I
49:0007
with permitted uses in the City Block bounded by Santa Anita Avenue, Morlan Place and
Huntington Drive. Mr. Deitsch advised that if approved, the prior initiative would prohibit new
automobile sales, storage and repair services from being established in the City Block, would
establish a 2 year moratorium on existing auto-related uses in the City Block, and would also
prohibit the expansion of Rusnak Mercedes into the City Block which would likely decrease the
amount of revenue paid into the general fund. Mr. Deitsch advised that the City Council may
submit its own competing initiative to the voters on the same ballot with the prior initiative on the
May 8, 2007 special election ballot. Mr, Deitsch explained that unlike the prior initiative, the
City's proposed initiative would eliminate the use of eminent domain by the Redevelopment
Agency on the City Block and throughout the Redevelopment Plan Area which is the Central
Redevelopment Project Area.
City Attorney Deitsch explained that if the voters approve the proposed City initiative, auto
related uses would continue to be permitted under the City's Zoning Code within the City Block.
Mr. Deitsch discussed the proposed ordinance in detail and explained what it accomplishes,
Mr. Deitsch advised that Section 9902 of the Arcadia Municipal Code relating to limitations on
the use of eminent domain would be added to the Code. Mr. Deitsch advised that Section 9902
would limit the City's authority to use eminent domain by taking private properly for ultimate
private use. Mr. Deitsch also explained that Section 2 of the proposed ordinance would place
limitations on the Redevelopment Agency's ability to use eminent domain throughout the
redevelopment project area which includes the City Block,
Mr. Deitsch advised that if the voters approve the proposed ordinance, Section 2 would amend
the Redevelopment Plan for the Central Redevelopment Project. Mr. Deitsch provided the City
Council with a new page 6 which included 2 minor word changes to Section 9264.11 and
explained that (1) any restaurant, eating establishment, coffee house, juice bar, delicatessen, or
similar uses that existed on the block prior to January 1, 2006 would be permitted. Mr. Deitsch
explained Section 4(b) on page 7 of the proposed ordinance which means if the proposed
ordinance receives a majority of votes and is passed, but the prior initiative receives even more
votes and takes precedence then the provisions of the proposed ordinance dealing with eminent
domain will survive even though the prior initiative receives more votes. Mr. Deitsch
recommended to the City Council that if they chose the proposed ordinance he would
recommend that Council consider deleting Section 4(b) and leaving in 4(a) which states that
whichever ordinance receives the most votes if they both pass goes into effect and the other
ordinance is defeated and does not take effect.
Council Member Amundson asked Mr. Deitsch about the wording to "eliminate eminent domain"
in the text of the proposed ordinance versus the word "limit" in the title.
Mr. Deitsch responded that for the Redevelopment Agency it clearly eliminates its use of
eminent domain, however, for the City it would only eliminate the taking of private property by
the City for other private uses; however, the City would be allowed to use eminent domain to
acquire property for public purposes.
Council Member Harbicht commented that the use of eminent domain by a City for acquiring
parks and public use is a state law and the use of eminent domain by the Redevelopment
Agency is something that the City can take away. Council Member Harbicht reiterated the intent
of the prior initiative and the proposed initiative ordinance for the public's benefit.
Council Member Wuo was also concerned with the language regarding limiting the use of
eminent domain. Council Member Wuo suggested that stronger language in the title be
submitted to the voters and would like to see the word "eliminate" instead of "limit".
7
01-02-2007
49:0008
City Attorney Deitsch revised and read the proposed title change of the ballot initiative to "shall
an ordinance amending the Arcadia Municipal Code to eliminate the use of eminent domain for I
purposes of taking private property for private use, to promote economic development and to
protect existing land uses in the Central Business District Zone be adopted?"
Council Member Segal suggested that the 3 issues be separated in the title.
Mayor Chandler provided an overview of Measure A and the proposed Measure B and what the
initiatives mean to the City.
Council Member Segal also provided his overview of eminent domain and what it would do to
Rod's Grill and the intent of Measure B.
City Attorney Deitsch revised the proposed ballot title to read "shall an ordinance amending the
Arcadia Municipal Code to (1) eliminate the use of eminent domain for purposes of taking
private property for private use, (2) to promote economic development and (3) to protect existing
land uses in the Central Business District Zone be adopted?
City Attorney Steve Deitsch recommended that this matter be continued to the meeting of
January 16, 2007.
Councilmember Harbicht asked if the deadline for the arguments be included in either the
resolution concerning ballot arguments or staff report.
ADJOURNMENT
I
The meeting was adjoumed at 8:30 p,m,
The City Council/Redevelopment Agency adjourned this meeting in memory of former President
Gerald Ford to January 16, 2007 at 5:00 p.m. in the City Council Chamber Conference Room
located at 240 W. Huntington Drive, Arcadia,
ATTEST:
I
8
01-02-2007