Loading...
HomeMy WebLinkAboutNovember 20, 2001__ • A N N O T A T E D A G E N D A Arcadia City Council and *0T10' Redevelopment Agency Meeting November 20, 2001 7:00 p.m. Council Chambers INVOCATION Reverend Jeremiah Chen, Evangelical Formosan Church a ACTION PLEDGE OF ALLEGIANCE Donald Penman, Assistant City Manager /Development Services Director ROLL CALL: Council Members Chandler, Chang, Kovacic, Marshall and Segal All resent 1. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None MOTION: Read all Ordinances and Resolutions by title only and waive reading in full Adopted 5 -0 2. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING /FIVE- MINUTE TIME LIMIT PER PERSON) No one spoke 3. MATTERS FROM ELECTED OFFICIALS City Council Reports / Announcements /Statements /Future Agenda Items See Minutes RECESS CITY COUNCIL 4. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chandler, Chang, Kovacic, Marshall and Segal All present 5. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE REDEVELOPMENT AGENCY (NON- PUBLIC HEARING /FIVE- MINUTE TIME LIMIT PER PERSON) No one spoke 6. ARA CONSENT a. Minutes of the November 6, 2001 regular meeting. Approved 5 -0 b. Recommendation to authorize a payment in the amount of $1,599,037 to Approved 5 -0 the City of Arcadia from the Arcadia Redevelopment Agency Tax Increment Fund. ADJOURN the Redevelopment Agency to December 4, 2001 at 6:00 p.m. Gary A. Kovacic, Mayor -Mickey Segal, Mayor Protempore • Roger Chandler, Dr. Shang Chang, Gail A. Marshall, Council Members William R. Kelly, City Manager June D. Alford, City Clerk WELCOME TO YOUR CITY COUNCIL MEETING Thank you for attending an Arcadia City Council meeting. The following information is provided to make the meeting a more meaningful and understandable event. The City of Arcadia is governed by a five - member City Council, which also serves as the Redevelopment Agency. Every even - numbered year, either two or three Council Members are elected at large to serve four -year terms. The City Council elects from its membership a Mayor to serve as the presiding officer for a one -year period. The City Manager is employed by the City Council to carry out its policies and to serve as the Chief Executive Officer of the City and the Executive Director of the Redevelopment Agency. REGULAR CITY COUNCIL MEETINGS are held on the first and third Tuesdays of the month at 7:00p.m. in the Council Chambers, 240 W. Huntington Drive. Meetings are broadcast live on cable channel 20 and replayed at various times in the following weeks. From time to time, special meetings are scheduled for specific purposes. The City Council follows a regular order of business as provided in the agenda for each meeting. The agenda is prepared and made available to the public 72 hours in advance of the meeting. Full agenda packages are available for review prior to the meeting in the City Clerk's office at City Hall and at the Arcadia Public Library. CITIZEN PARTICIPATION is invited at all City Council meetings. At each regular meeting, time is reserved for those in the audience who wish to address the City Council on any matter. There is a five - minute time limit per person. Please be aware that pursuant to the provisions of the Brown Act, the City Council is prohibited from taking action on any issue not listed on the agenda, unless an emergency exists requiring City Council action or an urgent need for action arises after the agenda is published. Time is also reserved for individuals wishing to address the City Council about a scheduled "Public Hearing" item. With respect to Public Hearings, persons addressing the City Council should limit their remarks to the matter under consideration. CONSENT CALENDAR items are considered to be routine in nature and may be enacted by one motion. There is no separate discussion on these items unless a Council Member so requests. An ORDINANCE is a City law which can only be amended or repealed by adoption of another Ordinance. A proposed Ordinance requires two readings — an introduction and an adoption — at separate City Council meetings. Ordinances become effective 30 days after adoption. A RESOLUTION is an official statement of City Council policy, directs certain administrative or legal action, or embodies a public City Council statement. A Resolution is adopted the same night it is proposed. Once adopted, it remains City Council policy unless changed by a subsequent Resolution. In compliance with the AMERICANS WITH DISABILITIES ACT, if you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574- 5401 at least three (3) working days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. ACTION RECONVENE CITY COUNCIL 7. CONSENT, a. Minutes of the November 6, 2001 regular meeting. Approved 5 -0 loan b. Recommendation to authorize a paymeat in the amount of $1,599,0371M Approved 5 -0 from the City of Arcadia kik the Arcadia Redevelopment Agency_ TEwJnuDanmmA Project Fund. C. Recommendation to award a purchase contract to Pasadena Ford for the Approved 5 -0 purchase for two (2) 2001 Ford % ton pick -up trucks with utility bodies and two (2) Ford'Ranger mid -size pick -up trucks, in the amount of $81,776.00 d. Recommendation to enter into a Professional Services Agreement in the Approved 5 -0 amount of $322,500 with Global Engineering Systems to provide Engineering Design, Project/Construction Management Services for Street, Sidewalk and Utility Line Replacement Projects outlined in the 2001/2002 Capital Improvement Program. e. Recommendation to Adopt Resolution No 6268, A Resolution of the Adopted 5 -0 City Council of the City of Arcadia, California, to provide employees of the City of Arcadia who are activated as members of the National Guard, Naval Militia or any other Reserve Component of the Armed Services of the United States as a result of the deployment of military personnel in response to the terrorist against the United States on SepteMb r 11, 2001, with the difference between their regular City salaries /andWei? military salaries and to ensure the continuation of certain benefits for the duration of their military assignment. f. Recommendation to award a contract to Safeway Sign Company,for the Approved 5 -0 . purchase of replacement street name signs and associated hardware in the amount of $TX 5 . $182,118.78. g. Recommendation to approve a five (5) year lease (2001 -2006) with the Approved 5 -0 Arcadia Chamber of Commerce for the City -owned property at 388 West Huntington Drive, h: Recommendation to approve the renewal of a contract with the Ferguson Approved 5 -0 Group for National Legislative Advocacy for a twelve (12) month period effective December 1, 2001 in the amount of $65,000.00. 2 8a. Ordinance No. 2154 entitled: An Ordinance of the City Council of the City of Arcad California, amending the Arca Municipal code relating to Fire and BdWding Regulations and adopting reference the 1998 Edition of the'California Fire Code; the 1997 Edition of the Uniform Fire Code Standards published by the Western Fire Chief's Association and the Inter- national Conference of Building Officials; the 1998 Edition of the California Build i ing Coge, Volumes 1 and 2 and the 1997 Edition of the Unifor[ACTION Bui ig Coe, Volume 3, including State of Caifornia Amendments 8. CITY MANAGER (with certain exceptions); together with Amendment thereto. a. Recommendation to Introduce Ordinance No. 2154,E Introduced 5 -0 lilo� RIYJ7fi�i@At4A vhirv1qr. (Public Hearing scheduled for December 18, 2001) b. Recommendation to approve of the Water Master Plan Update 2001. Approved 5 -0 C. Report on the Library Strategic Plan. Receive & File Report 5-0 9. CITY ATTORNEY Recommendation to Adopt Ordinance No. 2151, An Ordinance of the Adopted 5 -0 City Council of the City of Arcadia, California, establishing the Historical Arcadia Museum Commission. Recommendation to Adopt Ordinance No. 2152, An Ordinance of the Adopted 5 -0 City Council of the City of Arcadia, California, amending the Zoning Code of the City of Arcadia to rezone the.properties located at 1012 -1026 South First Avenue from R -2 (Medium Density Residential) to R -1, 7,500, Zone Change Case Z -01 -001; c. . Recommendation to Introduce Ordinance No. 2149, An Ordinance of the Introduced 5 -0 City Council of the City of Arcadia, California, exempting the City from the requirements of the Public Contract Code. ADJOURN to December 4, 2001 at 6:00 p.m. Meeting ADJOURNED in memory of Alice Askins, Mother -in -law of Gino Roncelli, former Member of the City Council) at 7:53 p.m. 3 OR STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT NOVEMBER 20, 2001 TO: MAYOR AND CITY COUNCIL FROM: TRACEY HAUSE, ADMINISTRATIVE SERVICES DIRECT PREPARED BY: SONNY MORKUS, HUMAN RESOURCES A D RISK MANAGER SUBJECT: RESOLUTION NO. 6268 OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TO PROVIDE EMPLOYEES OF THE CITY OF ARCADIA WHO ARE ACTIVATED AS MEMBERS OF THE NATIONAL GUARD, NAVAL MILITIA OR ANY OTHER RESERVE COMPONENT OF THE ARMED SERVICES OF THE UNITED STATES AS A RESULT OF THE DEPLOYMENT OF MILITARY PERSONNEL IN RESPONSE TO THE TERRORIST ACTS AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001, WITH THE DIFFERENCE BETWEEN THEIR REGULAR CITY SALARIES AND THEIR MILITARY SALARIES AND TO ENSURE THE CONTINUATION OF CERTAIN BENEFITS FOR THEIR MILITARY ASSIGNMENT SUMMARY The adoption of Resolution No. 6268 will provide to City of Arcadia employees the difference between their regular City salaries and their military salaries and ensure the continuation of certain benefits when called from reserve status to active status in response to the terrorist acts against the United States on September 11, 2001. BACKGROUND The City Council took a similar action to the one that is being recommended during the Gulf War and supported its employees who were called to active military duty from reserve status during a United States military conflict by providing the difference between their regular city salaries and their military salaries and ensured the continuation of certain benefits. DISCUSSION We have at least six (6) city employees who are in military reserve status. At this time, one has already been called to active military duty. The other city employees may be called to active duty as well. Staff is recommending that we provide the difference between regular city salaries and their military salaries and ensure the continuation of certain benefits for employees who are called to active duty as a result of this military LASER '�'�� bas, Co IV, -% a- . response. Other governrntal jurisdictions are also adoptin % provisions similar to this action. The adoption of Resolution No. 6268 will provide additional compensation and benefits for employees beyond the 30 days limit that is stated in the Memorandum of Understanding of the various bargaining units. FISCAL IMPACT It is anticipated that adoption of Resolution No. 6268 will not have a fiscal impact on the budget for fiscal year 2001/2002. The cost of providing the difference between regular City salaries and military salaries with certain benefits will be funded out of the existing salary and benefits budget of a department for any employee called to active duty. There will be some additional overtime required as a result of this action, however at this time, these costs can be absorbed in current operations. RECOMMENDATION It is recommended that the City Council: Adopt Resolution No. 6268 of the City Council of the City of Arcadia, California, to provide employees of the City of Arcadia who are activated as members of the National Guard, Naval Militia or any other reserve component of the Armed Services of the United States as a result of the deployment of military personnel in response to the terrorist acts against the United States on September 11, 2001, with the difference between their regular City salaries and their military salaries and to ensure the continuation of certain benefits for their military assignment. APPROVEDI:�I I�IJ William R. Kelly, City Manager "cpR.p"�19 ��• STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT November 20, 2001 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Directo Prepared by: Gary Lewis, General Services Mana er Dave McVey, General Services Superintendent SUBJECT: RECOMMENDATION TO AWARD A PURCHASE CONTRACT TO PASADENA FORD FOR TWO (2) 2001 FORD 3/ TON PICKUP TRUCKS WITH UTILITY BODIES AND TWO (2) 2002 FORD RANGER PICKUP TRUCKS IN THE AMOUNT OF $81,776 SUMMARY: Staff is recommending that the City Council award a purchase contract to Pasadena Ford for two (2) 2001 Ford % ton trucks with utility bodies and two (2) 2002 Ford Ranger pickup trucks in the amount of $81,776. Funds totaling $124,500 have been budgeted for the acquisition of these trucks in this year's Equipment Replacement Fund. DISCUSSION: The 2001 -2002 Equipment Replacement Fund provides for the replacement of two (2) Ford 3/ ton trucks with utility bodies, and two (2) Ford Ranger pickup trucks. The full - size pickup trucks will replace a 1989 Chevrolet truck with utility body (asset #60053) and a 1993 GMC truck with utility body (asset #60153). The mid -size pickup trucks will replace two (2) 1989 Dodge Rams, (asset #60051 and #60052). All four (4) trucks are used in the operation and maintenance of the City's Water System. The two (2) Ford Rangers will be used daily by the water meter readers. Once these two (2) trucks are received, they will then be converted to right- hand -drive steering, which is needed as part of the meter reading process. All of these units are high mileage vehicles that meet the requirements of the City's vehicle replacement policy. Staff investigated the possibility of a cooperative purchase (commonly known as piggybacking) with another municipality or public agency for vehicles with specifications equal to or greater than the City of Arcadia's. The County of Los Angeles and City of Hawthorne, in cooperation with Pasadena Ford, has authorized the City to piggyback on their purchase orders. Public agencies often utilize other agencies formal bidding results to effect cooperative purchases when the agreement between the agency and vendor meets the specifications of the using agency. Staff has determined that Pasadena Ford is a qualified company and the vehicles being provided meet City specifications. LASER lMAC`.`Lt Mayor and City Council `■% November 20, 2001 Page 2 FISCAL IMPACT: Funds in the amount of $124,500 are budgeted in the 2001 -02 Equipment Replacement Fund for the purchase of these vehicles. The total purchase price of two (2) 2001 Ford % ton trucks with utility bodies and two (2) Ford Ranger pickup trucks is $81,776.00. As budgeted, new mobile two -way radios, emergency lighting, and right- hand -drive steering conversions for the Ford Rangers will also be purchased from this account. RECOMMENDATIONS: It is recommended that the City Council: 1. Award a contract for the purchase of two (2) 2001 Ford % ton pickup trucks with utility bodies and two (2) Ford Ranger pickup trucks to Pasadena Ford in the amount of $81,776.00. 2. Waive the formal bidding process and authorize a cooperative purchase utilizing the County of Los Angeles and City of Hawthorne bid process. 3. Authorize the City Manager to execute a contract in a form approved by the City Attorney. PM:GL:DM:dw Approved by: William R. Kelly, City Manager V 6�yp (' % • -, 1 , J.' STAFF REPORT OFFICE OF THE CITY MANAGER November 20, 2001 TO: Mayor and City Council FROM: William R. Kelly, City Manager By: Cindy Rowe, Management Services Officer (A-' SUBJECT: Adoption of Ordinance No. 2151, Establishing the Arcadia Historical Museum Commission SUMMARY On November 6, 2001, the City Council introduced Ordinance No. 2151, with the addition of "Museum" in the commission title. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2151, establishing the Arcadia Historical Museum Commission. "9 MEMORANDUM Office of the City Attorney Date: November 20, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL % FROM: STEPHEN P. DEITSCH, CITY ATTORNEYA�� / &6w SUBJECT: ADOPTION OF ORDINANCE NO. 2149 EXEMPTING THE CITY FROM THE REQUIREMENTS OF THE PUBLIC CONTRACT CODE BACKGROUND The City of Arcadia, as a charter city, has accepted the offer of California Constitution Article XI, section 5 by declaring in Section 200 of the City's Charter that the City shall have the power to "make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in the charter." Until recently, this language was sufficient to exempt the City from state legislation on "municipal affairs" such as public works projects and prevailing wages. Thus, the City was not subject to the California Public Contract Code. However, on October 12, 2001, Governor Davis signed Senate Bill 974, adding section 1100.7 to the Public Contract Code. Section 1100.7, effective January 1, 2001, provides that the Public Contract Code applies to charter cities in the absence of an express exemption in the Public Contract Code or in a city charter provision or ordinance that conflicts with the relevant provisions of the Public Contract Code. Section 1100.7 attempts to clarify existing law. LASER IMAGED 9 x- Exemption from Public Contract Code November 20, 2001 Page 2 DISCUSSION It is questionable whether an express charter provision, ordinance or resolution must exist in order to remove a charter city from the reach of state legislation on municipal affairs. Two fairly recent California Supreme Court cases suggest that such a charter provision, ordinance or resolution must exist. (California Federal Savings and Loan Assn. v. City of Los An eles, (1991) 54 Cal.3d 1, 16 -17; Johnson v. Bradley, (1992) 4 CalAth 389.) However, these two cases did not address previous California Supreme Court cases that held that a general provision, similar to that contained in City of Arcadia Charter Section 200, is sufficient to remove municipal affairs (such as public works contracts and bidding) from the purview of the legislature altogether. (See e.g., Civic Center Assoc. v. Railroad Comm., (1917) 175 Cal. 441, 448 -49; William Carey Jones, Municipal Affairs under the California Constitution, (1917) 5 CAL.L.REV. 500, 501.) The earlier California Supreme Court cases clearly stand for the proposition that Arcadia would not be subject to the Public Contract Code simply because of Charter Section 200. The City has, by City of Arcadia Charter section 1212, provided for certain aspects of bidding on certain public works and projects. Although this provision is likely sufficient to meet the requirements of newly enacted Public Contract Code section 1100.7, in order to make Arcadia immune from the applicability of the Public Contract Code the City Attorney brings forward, out of an abundance of caution, a simple ordinance to clearly exempt Arcadia from the arguably more onerous provisions of the Public Contract Code, since public works and projects are a municipal affair. The proposed ordinance would be helpful, since Charter section 1212 does not, nor could it, expressly or comprehensively deal with all of the various requirements and issues that are set forth in the Public Contract Code. The proposed Ordinance effectively deals with the ambiguous state of the law by expressly providing that the Public Contract Code does not apply to the City. Exemption from Public Cwx act Code November 20, 2001 Page 3 FISCAL IMPACT The recommended Ordinance could have a positive fiscal impact to the City since the City will be able to govern how public works contracts are let without interference from State legislation. ENVIRONMENTAL IMPACT The proposed Ordinance is exempt from environmental review pursuant to State CEQA Guidelines sections 15378(b)(2),(4) and (5) and section 3.01 of the City of Arcadia Local Guidelines for Implementing CEQA because the ordinance concerns government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact and is a continuing administrative activity. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2149 entitled "an Ordinance of the City Council of the City of Arcadia, California, adding Section 7010, Chapter 0, to Article VII of the Arcadia Municipal Code exempting the City from the requirements of the Public Contract Code." CONCURRED: 2LOA William R. Kelly City Manager Attachment: Ordinance No. 2149 c: Don Penman, Asst. City Manager /Development Services Director Pat Malloy, Public Works Services Director O'G/ O-s o LIE I d car H-T _ Ili staff report • arcadia redevelopment agency November 20, 2001 TO: Arcadia Redevelopment Agency FROM: Tracey Hause, Administrative Services Direct By: Gerald A. Parker, Financial Services Manager/City Treasurer SUBJECT: REPORT AND RECOMMENDATION TO AUTHORIZE A PAYMENT IN - THE AMOUNT OF $1,599,037 TO THE CITY OF ARCADIA FROM THE ARCADIA REDEVELOPMENT AGENCY TAX INCREMENT FUND "SUMMARY • The Arcadia Redevelopment Agency Tax Increment Fund exists solely for the re- payment of interest and principal. The source of funds for these payments is tax increment revenue. The repayment of debt between the Agency and the City is recorded in the City's accounting system in order to utilize tax increment funds for redevelopment projects and to formally recognize and document loans between the City and the Agency. DISCUSSION . The borrowing and repayment by the Agency is an administrative procedure done in order to meet certain legal requirements. The Agency, by law, must be "in debt" in • order to receive tax increment from the County. This procedure of borrowing from and repaying to the City, allows cash to then be utilized for operating and project expenditures. - The Tax Increment Fund has adequate resources at June 30, 2001 to repay the loan the City has made to the Arcadia Redevelopment Agency Project Fund during the past fiscal year to pay expenses and acquire property according to the directives of the Agency Board. It is recommended that the Agency take formal action to remit $1,599,037 to repay the loan to the City. LASER IMAGED • ,ie - 1,4 . FISCAL IMPACT There is no fiscal impact on the City. This is a routine, administrative procedure to establish and document existing loans, and the receipt and payment of loans made between the City of Arcadia and Arcadia Redevelopment Agency. RECOMMENDATION It is recommended that the Agency: Authorize a payment in the amount of $1,599,037 to the City of Arcadia from the Redevelopment Agency Tax Increment Fund. APPROVED: MAA William R. Kelly, Executive Director TLH:GAP:mlp • 2 G / U-S-7.) )L I /CL//!G/ r nf/t°% 14 �ti. `s mg RpO8AS8� STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT November 20, 2001 TO: Mayor and City Council FROM: Tracey Hause, Administrative Services Directo By: Gerald A. Parker, Financial Service Manager/City Treasurer SUBJECT: REPORT AND RECOMMENDATION TO AUTHORIZE A LOAN IN THE AMOUNT OF $1,599,037 FROM THE CITY OF ARCADIA TO THE ARCADIA REDEVELOPMENT AGENCY PROJECT FUND. SUMMARY The Arcadia Redevelopment Agency Tax Increment Fund exists solely for the re- payment of interest and principal. The source of funds for these payments is tax increment revenue. The repayment of debt between the Agency and the City is recorded in the City's accounting system in order to utilize tax increment funds for redevelopment projects and to formally recognize and document loans between the City and the Agency. DISCUSSION The borrowing and repayment by the Agency is an administrative procedure done in order to meet certain legal requirements. The Agency, by law, must be "in debt" in order to receive tax increment from the County. This procedure of borrowing from and repaying to the City, allows cash to then be utilized for operating and project expenditures. The Tax Increment Fund has adequate resources at June 30, 2001 to repay the loan the City has made to the Arcadia Redevelopment Agency Project Fund to pay expenses and acquire property according to the directives of the Agency Board. It is recommended that the City take formal action to loan $1,599,037 to the Arcadia Redevelopment Agency Project Fund. • LASER IMAGED 1 6,0,y. 1 J-. FISCAL IMPACT There is no fiscal impact. on the City. This is a routine, administrative procedure to establish and document existing loans, and the receipt and payment of loans made between the City of Arcadia and Arcadia Redevelopment Agency. RECOMMENDATION It is recommended that the City Council: . Authorize a loan in the amount of$1,599,037 from the City of Arcadia to the Arcadia Redevelopment Agency Project Fund. APPROVED:I, William R. Kelly, City Manager TLH:GAP:mlp • • • ' t 2