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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