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Home My WebLink AboutSEPTEMBER 5,2006_2 48:0084 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 5, 2006 The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION Reverend John Payton, Point Lorna Nazarene University PLEDGE OF ALLEGIANCE Pat Malloy, Public Works Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Chandler, Segal, Amundson, Harbicht, and Wuo ABSENT: None. REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS Stephen Deitsch, City Attorney, noted that the Council convened a properly noticed Special Meeting at 5:00 p,m, to discuss two Closed Session items. No reportable action was taken, He also made the following statement; "The Redevelopment Agency Board and the Church of Arcadia have tentatively reached agreement on deal points to be included in a purchase and sale agreement, pursuant to which the Arcadia Redevelopment Agency would acquire the real property on which the Church of Arcadia is currently located on Morlan Place. Agency Counsel has been instructed to prepare a proposed purchase and sale agreement for approval by the Agency". 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 Harbicht, and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS None, 2 09-05-2006 I I I I I I 48:0085 REPORTS FROM ELECTED OFFICIALS Council Member Harbicht remarked on the agreement between the Arcadia Redevelopment Agency and the Church of Arcadia and the expansion of Rusnak Mercedes Benz dealership; he noted that the Arcadia Redevelopment Agency did not use eminent domain in acquisition of two properties and does not intend to use eminent domain for Rod's Grill either; he further suggested that the City Council schedule a study session in order to discuss what kind of development they would like to see happen in Santa Anita Race Track if Magna Entertainment decided to sell the property and stop any racing operations. The full City Council concurred with the suggestion and asked the City Manager to schedule the matter for a future Study Session. Council Member Wuo noted that the new academic year will start tomorrow and he encouraged drivers to be extra careful around school sites; he encouraged residents to work together and try to come up with the best decisions for the community. Council Member Amundson would like to create a framework for the community to address the street lighting issues; he noted his support of the "initiative" process, however, he felt that the process with regard to current initiatives by Westfield has been "hijacked" by a corporation who did everything they could to start controversy within the city; he further complimented the Development Services staff for a job well done on the graffiti removal program. Council Member Segal announced two upcoming community events: the Methodist Hospital Crystal Ball honoring Ruth and Charles Gilb on October 7th and the Fifth Anniversary celebration of Ruth and Charles Gilb Historical Museum on October 22, 2006, Mayor Chandler encouraged residents to contact Arcadia Police Department business line when observing any suspicious activities in the community and also code violations in their neighborhood. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a, REGULAR MEETING MINUTES. AUGUST 15, 2006. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES. AUGUST 15. 2006, Recommended Action: Approve c. ORDINANCE NO. 2218 AMENDING THE ARCADIA MUNICIPAL CODE ADDING A NEW PART 3 TO CHAPTER 4, ARTICLE IV RELATING TO DOG PARK RULES, Recommended Action: Introduce d. ACCEPT ALL WORK PERFORMED BY SEMA CONSTRUCTION FOR THE CONSTRUCTION OF SANTA ANITA RESERVOIR NO.4 AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF $262.777,78. Recommended Action: Approve 3 09-05-2006 48:0086 e, ACCEPT ALL WORK PERFORMED BY PAVEMENT COATINGS COMPANY FOR THE 2005-2006 ANNUAL SLURRY SEAL PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF $40.467,26. Recommended Action: Approve I f. AWARD A ONE (1) YEAR CONTRACT EXTENSION TO B & P PAINTING FOR THE PAINTING AND WOOD REFINISHING SERVICES AT VARIOUS CITY FACILITIES IN THE AMOUNT OF $43.500, Recommended Action: Approve g, APPROVE A ONE (1) YEAR CONTRACT EXTENSION IN THE AMOUNT OF $281,536 TO CALIFORNIA LANDSCAPE SERVICE INC. (CLS) FOR TREE TRIMMING MAINTENANCE SERVICES. Recommended Action: Approve h. ACCEPT $7.435 GRANT FROM THE CALIFORNIA STATE LIBRARY FOR HOMEWORK HELP ONLINE. Recommended Action: Approve i. ACCEPT ALL WORK PERFORMED BY INSITUFORM TECHNOLOGIES. INC. FOR THE THIRD AVENUE SEWER PIPE LINER AND COLORADO WELL DISCHARGE PIPE LINER PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. SUBJECT TO A RETENTION OF $8.491, Recommended Action: Approve I A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht a'nd carried on roll call vote to approve the Consent Calendar items 1 a. through 1. i. AYES: NOES: Segal, Harbicht, Amundson, Wuo, and Chandler None 2. CITY MANAGER a. ORDINANCE NO. 2217 AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A CHAPTER 10 TO ARTICLE III PERTAINING TO FLOODPLAIN MANAGEMENT. Recommended Action: Introduce The staff report was presented by Don Penman, Assistant City Manager/Development Services Director, and Philip Wray, City Engineer. Staff noted that adoption of an Ordinance is required in order to establish floodplain management regulations in conformance with the National Flood Insurance Act of 1968. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Segal and carried on roll call vote to introduce Ordinance No. 2217. AYES: NOES: Harbicht, Segal, Amundson, Wuo, and Chandler None I 4 09-05-2006 I I I 48:0087 b. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MUNIFINANCIAL FOR THE ESTABLISHMENT OF A CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT AND APPROPRIATE $55.000 FROM THE GENERAL FUND. Recommended Action: Approve The staff report was presented by Pat Malloy, Public Works Services Director. Staff noted that on August 15, 2006, the Council directed staff to proceed with further analysis of a citywide street lighting assessment district via the Landscaping Lighting Act of 1972; the first step in this analysis is to enter into an agreement with an experienced assessment-engineering services firm; proposals were reviewed and MuniFinancial submitted the successful proposal; staff is requesting an appropriation of $55,000 from the general fund to enter into a Professional Services Agreement with MuniFinancial; upon a successful establishment of a citywide street lighting assessment district, the LLD 1972 would allow the City to include this project cost a part of the special benefit assessment and would be collected from the properly owners' annual property tax bill. Following discussion the City Council directed staff to schedule a study session in order to discuss the alternatives regarding the street lighting assessment project. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Wuo, and carried on roll call vote to award a Professional Services Agreement with MuniFinancial in the amount of $55,000 for assessment-engineering services for the establishment of a citywide street lighting assessment district; to appropriate $55,000 from the General Fund to the project budget; and authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. AYES: NOES: Harbicht, Wuo, Amundson, Segal, and Chandler None c. AN INITIATIVE MEASURE TO AMEND THE GENERAL PLAN AND ZONING CODE RELATING TO PERMITTED AND PROHIBITED USES WITHIN THE CENTRAL BUSINESS DISTRICT ZONE. Recommended Action: Discussion and Direction The staff report was presented by Stephen Deitsch, City Attorney, Staff noted that the initiative petition qualified for a special election with signatures from 15% of the registered voters in Arcadia; staff noted that due to pending litigation, the petition may be in non-compliance with state and federal elections codes, as well as the Federal Voting Rights Act; the Council may opt to pursue legal advice in regards to the petition or conversely, to approve the certification of sufficiency of the petition; staff recommends that the Council, also order an impact report. A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht and carried on roll call vote to defer approval of the certification of sufficiency in order to request advice pursuant to this matter related to compliance with state and federal elections codes and the Federal Voting Rights Act and direct staff to prepare a report, pursuant to Elections Code Section 9212. AYES: NOES: Segal, Harbicht, Amundson, Wuo, and Chandler None 5 09-05-2006 48:0088 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:30 p.m. to September 19, I 2006, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia, R~~,qg ATTEST: ~ > 4/$ --=~ , James H, Barrows, City Clerk I I 6 09-05-2006