HomeMy WebLinkAboutItem 2a: Minutes of March 2 and March 16, 2010CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, MARCH 2, 2010
CALL TO ORDER - Mayor Wuo called the meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo
ABSENT: None
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
STUDY SESSION
52:0023
a. Update on Fiscal Year 2009 -10 Budget.
City Manager Don Penman provided a brief overview of the mid -year Fiscal Year 2009 -10
budget revenues including the most recent General Fund projections. He noted that back in
November 2009, revenues were reduced significantly in sales tax and transit occupancy tax;
that the City Council chose the option of balancing that shortfall from savings achieved primarily
through hiring freezes, the deferral of the year's slurry seal project, fee increases and added
savings in expenses; that the latest revenue projections have shown little change since
November's forecast and the latest projection show that revenues are slightly lower by
approximately $140,000, a 0.35% difference in comparison. He noted that revisions continue to
follow a conservative projection and that actual Sales Tax data for the quarter ending in
December 2009 have not been remitted to the City; that Transient Occupancy Tax collected in
January will not be known until April 2010. He reported on the upcoming Citywide Lighting
Assessment in June which represents a $420,000 impact on the City if the property owners do
not support the lighting assessment; he noted that each 1% of expenditure savings in the
General Fund represents approximately $447,000; and commented on some of the top sales
tax generator businesses in the City.
Administrative Services Director Hue Quach provided a powerpoint presentation showing a line
by line chart of all major revenue increases and decreases; he explained that adjustments were
made based on recent data collected since November; that the revenue forecast reflects an
additional decrease to overall revenues of approximately $137,842; and discussed the recent
chances in revenue and the effect to fund balances in comparison to November numbers. He
noted that the outlook for the rest of the fiscal year should improve and options currently in
place should provide for a balanced budget with limited or no use of reserves by year end.
It was the consensus of the City Council to receive and file the mid -year Fiscal Year 2009 -10
budget review update.
b. Update and discussion regarding the Citywide Street Lighting Assessment
District.
Tom Tait, Public Works Services Director provided an update on the Citywide Lighting
Assessment District assessment methodology and public outreach efforts; and noted that the
Street Lighting Maintenance District will expire on June 30, 2010 and will cost the General Fund
03 -02 -10
52:0024
approximately $420,000 in revenue if it is not passed. He provided information regarding the
Professional Services Agreement with Lew Edwards Group for public outreach efforts for the
formation of the new Citywide Lighting Assessment District; he reported that it costs the City
approximately $1 million dollars annually to maintain street lighting in the City; that this year's
Capital Improvement Budget includes a project to revisit the formation of a new Citywide
Lighting Assessment District. Mr. Tait stated that Willdan Financial Services is currently working
on parcel assessor's information and is preparing the draft Engineering Report; and stated that
there are sufficient funds in the project's budget to hire the Lew Edwards Group as a public
outreach consultant.
Mr. Penman noted that this item will be further discussed in open session and action should be
taken at that time.
c. Report, discussion and direction regarding the proposed Low Income Senior
Housing Project at 16 Campus Drive (continued from February 2, 2010).
Jason Kruckeberg, Assistant City Manager /Development Services Director reported that at the
February 2, 2010 Study Session, the Agency presented a proposal to develop a 43 unit affordable
housing project on a 23,000 square foot lot at 16 Campus Drive; that at that meeting, the Agency
requested staff to contact the Arcadia Unified School District in order to obtain their thoughts about
the proposed project at that site and to further evaluate the financial issues. He reported that
contact was made with the School District and noted that concerns raised were that residents at the
proposed Campus Commons Housing Project might have issues with school - related activities,
including nighttime athletic events, daily band practices and the congestion of students on Campus
Drive in the mornings and afternoons; he noted that any development at that site would present
some conflicts with the high school and that a senior housing project would be a low traffic
generator compared to a commercial project.
Mr. Kruckeberg explained that the development team is proposing to fund the project with 4% tax
credits and tax exempt bonds; and that $6.9 million dollars from the Agency is being requested to
fund the gap between the other funding sources and the total project cost.
It was moved by Council/Agency Member Harbicht seconded by Council /Agency Member
Chandler and carried on roll call vote to proceed with the development of the 43 unit affordable
housing project at 16 Campus Drive.
AYES: Council /Agency Member Harbicht, Chandler and Kovacic
NOES: Council Member Amundson and Wuo
ABSENT: None
The Study Session adjourned at 6:35 p.m.
THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION
Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m.
INVOCATION - Reverend Philip Wood, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE - Jason Kruckeberg, Assistant City Manager /Development
Services Director
03 -02 -10
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo
ABSENT: None
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council and Redevelopment Agency Board
met in a Study Session to receive an update regarding the Fiscal Year 2009 -10 budget and the
Citywide Street Lighting Assessment District and will both be discussed further in open session
under City Manager items; he further reported that the City Council received a report from staff
and discussed a proposed low income Senior Housing Project at 16 Campus Drive and noted
that on a motion by Council Member Harbicht seconded by Council Member Chandler the
Redevelopment Agency Board by a vote of 3 -2 with Mayor Wuo and Council Member
Amundson voting no, directed staff to commence negotiations with the developer.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
City Manager Don Penman announced that there were no supplemental reports regarding any
agenda item.
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Mayor Pro Tem /Agency Vice Chair Amundson, seconded by
Council /Agency Member Chandler and carried on roll call vote to read all ordinances and
resolutions by title only and waive the reading in full.
PRESENTATIONS
52:0025
a. Presentation of a Proclamation designating March 11; 2010 as Arbor Day.
b. Presentation of a Certificate to the Assistance League of Arcadia for 40th
Anniversary of Operation School Bell.
c. Presentation of a Certificate to the Arcadia High School Constitution Team.
d. Presentation of a Life Saving Award to Police Officer Luis Vicuna and Certificates
of Commendation to Miguel Salas and Maurice Llewellyn.
1. PUBLIC HEARING
REDEVELOPMENT AGENCY ITEMS:
a. Authorize the Executive Director to execute a lease with Rusnak /Arcadia for the
property at 21 Morlan Place and adopt a categorical exemption from CEQA
regarding the lease.
Recommended Action: Approve
03 -02 -10
City Manager Don Penman announced that the term sheet has not yet been returned to the City
by Rusnak and recommends that Redevelopment Agency Public Hearing Item 1.a be continued
to the City Council meeting of March 16, 2010.
By consensus of the City Council /Redevelopment Agency, Public Hearing Item 1.a was
continued to March 16, 2010.
PUBLIC COMMENTS
52:0026
Shong -Ching Tong appeared and commented on the newspaper advertising and coverage of
City Council Candidate Paul Cheng in the Chinese newspaper.
Beth Costanza, Chamber of Commerce invited everyone to attend the Government Affairs
meeting on Thursday at 8:00 a.m.; that a resolution supporting the Local Taxpayer Public Safety
and Transportation Act of 2010 will be voted on.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Kovacic thanked the City Council for honoring the Arcadia High School
Constitution Team; and also thanked the Constitution Team volunteer coaches who are all from
Arcadia, Bob Garrett, Jim Romo, Karen McCreary and Jillian Engel.
Council Member Amundson announced a Crime Prevention Seminar entitled "Don't be a Victim"
on March 4 at the Library will be hosted by the Arcadia Police Department.
Council Member Chandler congratulated the Arcadia High School Constitution Team and
congratulated everyone who helped saved the life of Mr. Chin.
Council Member Harbicht commented on Police Department's return to L.A. IMPACT which is
on the consent calendar; he explained the purpose of the City's participation in putting an officer
back into the regional agency program; and noted that he sits on the Board of the San Gabriel
Valley Council of Governments and discussed yard waste and landfills which was recently a
topic of discussion at a recent meeting.
City Clerk Barrows had nothing to report.
Mayor Wuo announced that on February 17th he attending with Council Member Kovacic a
luncheon where Senator Dianne Feinstein spoke about health care; he noted that last weekend
was Little League opening day ceremonies but were cancelled due to the rain; he wished all the
Little League's a great baseball season; he further announced that the Silver Circle
Volunteers /Commissioners Dinner is on March 25 he thanked all the volunteers and
commissioners for their services to the City; he congratulated Miraya Negasu for coming in 4th
place in the Winter Olympics Figure Skating; he announced and invited everyone to attend the
Mayors Community breakfast at the Race Track Frontrunner Restaurant on April 8 he noted
that Santa Anita with also be celebrating its 75h Anniversary; he announced the guest speakers
as Carolyn Conley of Horse Racing Television; Hall of Fame Jockey Mike Smith and television
creator, writer and producer David Milch. Mayor Wuo noted that he extended an invitation to
Miraya Negasu to attend the Mayor's Community Breakfast.
03 -02 -10
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Meeting Minutes of February 16, 2010.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Approve the Meeting Minutes of February 16, 2010.
Recommended Action: Approve
52:0027
c. Adopt Resolution No. 6711 establishing subsequent arrest notifications and FBI
criminal background checks with the Department of Justice.
Recommended Action: Adopt
d. Adopt Resolution No. 6714 authorizing submittal of the FY 2009 -10 Transportation
Development Act — Article 4 Claim Form to receive Operation Funds for Arcadia
Transit.
Recommended Action: Adopt
e. Accept all work performed by JRN Inc. for the Wilderness Park Slope Stabilization as
complete and authorize the final payment to be made in accordance with the contract
documents.
Recommended Action: Approve
f. Approve participation in the Los Angeles Interagency Metropolitan Police
Apprehension Crime Task Force (L.A. IMPACT) and utilize Asset Seizure Forfeiture
Funds to pay for salary and benefits of a new Police Officer.
Recommended Action: Approve
g.
Adopt Resolution No. 6713 providing for the participation of the City of Arcadia in the
Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A.
IMPACT).
Recommended Action: Adopt
h. Authorize the City Manager to execute a contract with CJ Construction, Inc. for the
2009 -2010 Annual Concrete Repair Project in the amount of $108,537.
Recommended Action: Approve
City Manager Don Penman announced that Consent Calendar Item 2.h be pulled for separate
discussion.
It was moved by Council /Agency Member Chandler seconded by Council /Agency Member
Kovacic and carried on roll call vote to approve Consent Calendar Items 2.a through 2.g.
AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht and Wuo
NOES: None
ABSENT: None
03 -02 -10
52:0028
Regarding Consent Calendar Item 2.h, Mr. Penman reported that authorization of a 10%
contingency was omitted from the recommendation in the staff report and needs City Council
approval; he noted that $142,000 was budgeted for the 2009 -10 Annual Concrete Repair
Project; that the bid amount is $98,670 with a 10% contingency for a total of $108,537 leaving
about $34,000 of unused budgeted money; he requested that City Council approve the 10%
contingency that was omitted from the staff report and approve the additional $34,000 to be
used for additional asphalt repair work throughout the City; and that the materials would be
purchased with the remaining money and the work would done by City crews.
It was moved by Council /Agency Member Chandler seconded by Council /Agency Member
Kovacic and carried on roll call vote to approve Consent Calendar Item 2.h.
AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht and Wuo
NOES: None
ABSENT: None
2. CITY MANAGER ITEMS /EXECUTIVE DIRECTOR ITEMS:
a. Update on Fiscal Year 2009 -10 Budget.
Recommended Action: Receive and file.
City Manager Don Penman provided a brief overview of the mid -year Fiscal Year 2009 -10
budget revenues including the most recent General Fund revenue budget projections. He noted
that back in November 2009, it was reported that revenues were reduced significantly in sales
tax and transit occupancy tax; that the City Council chose the option of
balancing that shortfall from savings achieved primarily through hiring freezes, the deferral
of the year's slurry seal project, fee increases and added savings in expenses; that the latest
revenue projections have shown little change since November's forecast and the latest
projection shows that revenues are slightly lower than the November
projections by approximately $140,000, a 0.35% difference in comparison to November. He
noted that revisions continue to follow a conservative projection and
that actual Sales Tax data for the quarter ending in December 2009 have not been
remitted to the City; that Transient Occupancy Tax collected in January will not be known until
April 2010. He commented on the upcoming Citywide Lighting Assessment in June which
represents a $420,000 impact on the City if the property owners do not support the lighting
assessment and the increase in property taxes.
Administrative Services Director Hue Quach provided a powerpoint presentation showing a line
by line explanation of various revenues; he commented on an additional projected decrease of
$140,000 since November; and explained and provided an analysis of changes to each revenue
category. He noted that the outlook for the rest of the fiscal year should improve and that the
options currently in place provide for a balanced budget with limited or no use of reserves by
year end.
It was the consensus of the City Council to receive and file the fiscal year 2009 -10 budget
review update.
03 -02 -10
52:0029
b. Introduce Ordinance No. 2264 amending Section 2664.5.1 of the Arcadia
Municipal Code requiring operators to pay all taxes, interest and penalties as a
condition precedent to seeking judicial review of a determination of Transient
Occupancy Tax Liability.
Recommended Action: Introduce
City Attorney Steve Deitsch reported that the proposed Ordinance allows the City to continue
collecting all taxes, interest and penalties from hotel operators who wish to appeal Transient
Occupancy Tax (TOT) determinations; he explained that in the recent Superior Court case of
City of Anaheim v. Priceline.com, the California Appeals Court held that if a hotel operator seeks
judicial review of a City's TOT determination the hotel operator is not required to pay TOT,
interest and penalties prior to pursuing judicial review unless the city's municipal code explicitly
includes a " pay first, litigate later" provision which will ensure transient occupancy tax collection.
Mr. Deitsch advised that in order for the City to ensure TOT collection, staff recommends that
the Arcadia Municipal Code be amended to include a "pay first, litigate later."
It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried
on roll call vote to introduce Ordinance No. 2264 amending Section 2664.5.1 of the Arcadia
Municipal Code requiring operators to pay all taxes, interest and penalties as a condition
precedent to seeking judicial review of a determination of Transient Occupancy Tax Liability.
AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic, and Wuo
NOES: None
ABSENT: None
c. Adopt Resolution No. 6710 supporting the City of Arcadia's Local Hazard
Mitigation Plan in compliance with the Disaster Mitigation Act of 2000 (DMA
2000).
Recommended Action: Adopt
Battalion Chief Barry Spriggs reported that the review and update a Local Hazard Mitigation
Plan is required by the Federal Emergency Management Agency (FEMA) every five years in
order for the City to receive federal funding for both pre- disaster and post- disaster mitigation
projects; and that failure to adopt a Local Hazard Mitigation Plan will forfeit the City's eligibility of
federal funds for disaster assistance. He noted that the hazards in the plan that could impact
Arcadia are earthquakes, wildfires, debris flow /landslides, flooding, high winds, drought,
hazardous materials and terrorism; and explained that the mission of the 2010 Local Hazard
Mitigation Plan is to promote sound public policy designed to protect residents, critical facilities,
infrastructure, private property and the environment from natural and human caused hazards.
It was moved by Council Member Chandler, seconded by Council Member Amundson and
carried on roll call vote to adopt Resolution No. 6710 supporting the City of Arcadia's Local
Hazard Mitigation Plan in compliance with the Disaster Mitigation Act of 2000 (DMA 2000).
AYES: Council /Agency Member Chandler, Amundson, Harbicht, Kovacic, and Wuo
NOES: None
ABSENT: None
03 -02 -10
AYES: Council /Agency Member Harbicht, Amundson, Chandler, Kovacic, and Wuo
NOES: None
ABSENT: None
52:0030
d. Adopt Resolution No. 6712 supporting the Local Taxpayer, Public Safety and
Transportation Protection Act of 2010.
Recommended Action: Adopt
Hue Quach, Administrative Services Director reported that the League of California Cities with a
coalition of public safety, local government and transportation leaders filed a ballot measure to
protect local revenues. Mr. Quach explained that the Local Taxpayer, Public Safety and
Transportation Act of 2010 closes loopholes to prevent the State from taking, borrowing or
redirecting local tax money dedicated to supporting local government, transportation and public
transit. He further explained that the success of this ballot measure would protect the City from
the State taking away or borrowing Gas Tax and Prop 42 revenue which is critical for street and
transportation projects totaling more than $1.4 million dollars annually as of fiscal year 2009 -10;
and the potential for the State to repeat what already occurred in fiscal year 2009 -10 when the
State borrowed $1.2 million dollars in property tax money and $1.8 million dollars of tax
increment revenue from the Redevelopment Agency over the fiscal year 2009 -10 and 2010 -11
budgets. He did note that the property tax money was paid back in bonds.
In response to a question raised by Council Member Kovacic regarding the City's taking a
advocacy position, City Attorney Deitsch responded that because this is not a local ballot
measure that is not limited to just Arcadia, but statewide concern, the City is permitted as a
legislative body to place the City of Arcadia on record as advocating a statewide ballot.
It was moved by Council Member Harbicht, seconded by Council Member Amundson and
carried on roll call vote to adopt Resolution No. 6712 supporting the Local Taxpayer, Public
Safety and Transportation Protection Act of 2010.
e. Determination of whether Day Spas, Salons and other Personal Service Uses
are inappropriate uses within the Central Redevelopment Project Area pursuant
to Resolution No. ARA 172.
Recommended Action: Determine uses are Inappropriate
Jason Kruckeberg, Assistant City Manager /Development Services Director reported that
Arcadia Redevelopment Agency Resolution No. 172 which was adopted in January 1983; he
explained that the resolution established certain use restrictions and design requirements for the
Central Redevelopment Project Area; and included as part of that Resolution is a list of
"inappropriate uses" that the Agency generally does not allow in the Project Area. He noted that
the stated purpose of ARA Resolution No. 172 includes the desire to eliminate blight in the
Project Area, to encourage and facilitate the establishment and growth of high quality retail
outlets, stores and restaurants, and professional office uses, and to discourage
unattractive, incompatible and non - harmonious uses; he further noted that the restrictions are
supplemental to the Zoning Code and cannot be more permissive within the Zoning Code, but
can be (and are) more restrictive to meet the goals of the Agency for the Project Area. He
reported some of the inappropriate uses as acupressure studios, nail salons, massage parlors,
and beauty colleges.
03 -02 -10
52:0031
He explained the business license application process for day spas or general beauty salons,
and noted that staff found that as long as the overall use was broad, such as a day spa that
offers numerous types of treatments, it had been approved as a compliant use; that previous
determinations may not protect the health, safety, and welfare of the community; that these
uses do often cause a blighting influence and in many cases did not complement the Project
Area; that inspections of such uses by a City team led by the Police Department and Code
Services found numerous code violations and illegal activity at such uses, from lack of licensing
to illegal massage to prostitution; that the proposed determination is that uses such as day
spas, general salons, and other personal service uses are deemed to be similar in character to
existing inappropriate uses pursuant to ARA Resolution No. 172 and should now not be allowed
within the Project Area; and noted that this determination would not apply to existing established
uses, only to new uses not yet approved.
It was moved by Council Member Kovacic, seconded by Council Member Harbicht and carried
on roll call vote that Day Spas, Salons and other Personal Service Uses are inappropriate uses
within the Central Redevelopment Project Area pursuant to Resolution No. ARA 172; and that a
condition be added that "it would be deemed to be an incompatible use for any existing use to
expand with any use deemed to be inappropriate."
AYES: Council /Agency Member Kovacic, Harbicht, Amundson, Chandler and Wuo
NOES: None
ABSENT: None
f. Authorize the City Manager to execute a Professional Services Agreement with
Lew Edwards Group for public outreach efforts for the Citywide Liahtinq
Assessment District in the amount of $27,500.
Recommended Action: Approve
Tom Tait, Public Works Services Director provided the report regarding approval of a
Professional Services Agreement with Lew Edwards Group for public outreach effort for the
formation of the new Citywide Lighting Assessment District; he reported that the existing Street
Lighting Assessment District will sunset on June 30, 2010; he noted that the City will lose
approximately $420,000 in revenue to the General Fund; that it costs the City approximately $1
million dollars annual to maintain street lighting; and that this year's Capital Improvement
Budget includes a project to revisit the formation of a new Citywide Lighting Assessment
District. Mr. Tait stated that Willdan Financial Services is currently working on parcel assessor's
information and preparing the draft Engineering Report; and noted that there are funds in the
project's budget to hire a public outreach consultant. He further stated that the Public Works
Services Department solicited Request for Proposals for public outreach in January 2010; that
three (3) proposals were received, evaluated and interviewed by staff; that staff felt the Lew
Edwards Group was the most qualified in providing a strategic approach for public outreach
services for the proposed Citywide Lighting Assessment District; he explained their expertise
and experience with Lighting Assessment Districts and their familiarity with the City based on
their experience working with the Arcadia School District towards a successful passage
of Bond Measure I.
03 -02 -10
It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried
on roll call vote to authorize the City Manager to execute a Professional Services Agreement
with Lew Edwards Group for public outreach efforts for the Citywide Lighting Assessment
District in the amount of $27,500.
AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo
NOES: None
ABSENT: None
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting at 9:00 p.m. in memory of
Victoria DeLong (sister -in -law of Arcadia Police Sergeant M. Gima) to Tuesday, March 16,
2010, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington
Drive, Arcadia.
By:
James H. Barrows, City Clerk
5Lt
(1/ „(
52:0032
Lisa Mussenden
Chief Deputy City Clerk/Records Manager
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, MARCH 16, 2010
CALL TO ORDER - Mayor Wuo called the meeting to order at 6:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo
ABSENT: None
CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
CLOSED SESSION
STUDY SESSION
52:0023
a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators.
City Negotiators: Administrative Services Director Hue Quach and Human
Resources Administrator Michael Casalou.
Employee Organizations: Arcadia Public Works Employees Association, Arcadia
City Employees Association, Arcadia Police Officers' Association, Arcadia
Firefighters' Association and unrepresented employees: Department Heads,
Division Managers, Supervisors, and Part-time employees.
b. Pursuant to Government Code Section 54956.9 (a) conference with real property
negotiators:
Property: 21 Morlan Place
Agency Negotiators: City Manager /Agency Executive Director, Development
Services Director /Deputy Executive Director and the Economic Development
Manager
Negotiating Parties: Arcadia Redevelopment Agency and Rusnak /Arcadia
Mercedes Benz.
Under Negotiation: Price and Terms of Payment
a. Report, discussion and direction regarding Arcadia Redevelopment Agency
finances, priority projects and the Redevelopment bond reauthorization and
funding for the Gold Line grade separation.
Jerry Schwartz, Economic Development Manager provided background information regarding
when the Redevelopment Agency was established and when the Central Redevelopment
Project Area was formed; he explained how redevelopment is funded through the incremental
increase in property taxes in the Central Project Area which is known as tax increment; that a
greater percentage of property tax is returned to the Redevelopment Agency for reinvestment in
the Project Area; and that the Agency shares its tax increment with other taxing entities
including L.A. County, school districts and special districts and receives approximately 50% of
the total tax increment before sharing it with those other taxing entities. He reported that in
order to collect tax increment, the Agency has to show it has debt.
03 -16 -10
THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION
Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m.
INVOCATION - Reverend Larry Eckholm, Lutheran Church of the Cross
PLEDGE OF ALLEGIANCE - Tom Tait, Public Works Services Director
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo
ABSENT: None
52:0024
He noted that since the Project Area was established, the Agency's gross tax increment has
grown to over $4.3 million dollars, that 20% goes to low /mod housing set aside; that this money
funds all activities, operating costs, bond payments, payments to other taxing entities and
Supplemental Educational Revenue Augmentation Fund (SERAF) payments. He explained that
the Agency issued bonds to pay for the construction of the Public Works Yard, Police Station,
and the Gilb Historical Museum and other public improvements; he reported that since 1974, the
Agency has assisted in the development of six major hotels, nineteen office buildings, four
restaurants, and more than 1,400 full time and 2,000 part time jobs; and discussed potential
Redevelopment projects.
Hue Quach, Administrative Services Director discussed repayment of the Housing Set -a -Side
Fund; cash balances, operating and capital expenditures, ERAF payment and housing fund
deferred payments including funds available for development projects including the issuance of
bonds.
The City Council and Redevelopment Agency Board directed staff to continue working with its
financing team towards the potential issuance of a tax allocation bond financing.
Mr. Penman noted that no action was required; however a Special Study Session meeting is
proposed for March 23, 2010 at 8:30 a.m. to discuss the Grade Separation at Santa Anita
Avenue.
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council and Redevelopment Agency Board
met in Closed Session to discuss the two (2) items listed on the posted agenda, no reportable
action was taken.
Mr. Deitsch further reported that the City Council and Redevelopment Agency Board also
conducted a Study Session to hear a report and to discuss and provide direction regarding
Arcadia Redevelopment Agency finances, priority projects and proposed potential bond
issuances; in addition he reported that the City Council and Redevelopment Agency Board did
the same with respect to a potential Gold Line Grade Separation financing; and that the City
Council and Redevelopment Agency Board provided direction to staff to proceed to continue to
work with its financing team towards the potential issuance of a tax allocation bond financing.
03 -16 -10
52:0025
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
City Manager Don Penman announced that there were no supplemental reports regarding
agenda items but that Public Hearing Item 1.a will be pulled from the agenda and will be
rescheduled and renoticed to a future date.
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Mayor Pro Tem /Agency Vice Chair Amundson, seconded by
Council /Agency Member Chandler and carried on roll call vote to read all ordinances and
resolutions by title only and waive the reading in full.
PRESENTATIONS
a. Presentation to City Employees by the Arcadia Chinese Association.
1. PUBLIC HEARING
REDEVELOPMENT AGENCY ITEMS:
a. Authorize the Executive Director to execute a lease with Rusnak /Arcadia for the
property at 21 Morlan Place and adopt a categorical exemption from CEQA
regarding the lease (Continued from March 2, 2010)
Recommended Action: Approve
Mayor Wuo announced that this item has been removed and will be rescheduled and renoticed
to a future date.
CITY COUNCIL ITEMS:
b. Approve the 2009 -2010 Weed Abatement Property List and direct the Los
Angeles County Agricultural Commissioner to abate nuisances upon those
properties.
Recommended Action: Approve
City Clerk James Barrows reported that on February 16, 2010, the City Council adopted
Resolution No. 6709 declaring its intent to authorize the abatement of noxious weeds, rubbish
and refuse from various properties in the City of Arcadia by the Los Angeles County Agricultural
Commissioner; that a public hearing for set for March 16, 2010 in order to hear objections from
the property owners of those affected properties. He advised that staff recommends the City
Council approve the 2009 -10 Weed Abatement Property List and direct the Los Angeles County
Agricultural Commissioner to abate nuisances on those properties within the City of Arcadia.
Mayor Wuo opened the public hearing. No one appeared to provide testimony.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public
hearing closed.
03 -16 -10
52:0026
It was moved by Council Member Harbicht seconded by Council Member Chandler and carried
on roll call vote to approve the 2009 -2010 Weed Abatement Property List and direct the Los
Angeles County Agricultural Commissioner to abate nuisances upon those properties.
AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo
NOES: None
ABSENT: None
c. Consideration of Ordinance No. 2269 approving Zone Change No. ZC 09 -01 to
rezone the property located at 728 West Huntington Drive from "C -O & D"
(Professional Office with a Design Overlay) to "R -3" (Multiple Family).
Recommended Action: Introduce
Lisa Flores, Senior Planner, explained that this request to rezone subject property from C -O & D
(Professional Office with a Design Overlay) to R -3 (Multi - Family Residential) will make it more
consistent with the General Plan land use designation of Multi - Family Residential with a density
of 24 dwelling units per acre; that the proposed zone change will be consistent with the General
Plan update and with the multi - family residential properties to the west and south; and that a
residential use on the property will be less intrusive and more compatible with the neighboring
residential uses. She noted that the Planning Commission approved the proposed zone change
and recommends approval.
Council Member Kovacic reported that as a member of the Historical Society, he contacted
Carol Libby, who is the resident expert on the history of Arcadia and found out that the subject
property has been in existence for many years; that the property has no real historical
significance but it was the home and office of a well known and respected dentist named Doc
Wilcox and that according to Carol Libby, she would swim in his pool periodically and that he
was generous with his time and talents. He did request that if staff can check with the property
owner to see if the Historical Society can photograph the property before it is demolished. Ms.
Flores responded that she would check with the property owner.
Mayor Wuo opened the public hearing.
In response to Council Member Kovacic's request for the Historical Society to photograph the
property before it is demolished, Hank Jon, Civil Engineer representing the property owner
responded that the property owner has no objection to the City's request and that staff should
contact him to make arrangements.
No one else present.
A motion to close the public hearing was made by Council Member Harbicht, seconded by
Council Member Chandler and seeing no further objection, Mayor Wuo declared the public
hearing closed.
It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried
on roll call vote to introduce Ordinance No. 2269 approving Zone Change No. ZC 09 -01 to
rezone the property located at 728 West Huntington Drive from "C -O & D" (Professional Office
with a Design Overlay) to "R -3" (Multiple Family) and adopt the Negative Declaration.
03 -16 -10
AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo
NOES: None
ABSENT: None
PUBLIC COMMENTS
52:0027
Jolly Wu, Arcadia resident, appeared and addressed her concerns regarding the City's
Paramedic Subscription Program; that Methodist Hospital does not accept Blue Cross
Insurance; that she received a bill from Blue Cross when her husband was in a car accident and
taken to Methodist Hospital and she wanted to go to another hospital because of the Blue Cross
issue at Methodist Hospital.
Mayor Wuo responded that Methodist Hospital does not have a contract with Blue Cross at this
time and are working on trying to get a contract in place; however, did note that if it is an
emergency Blue Cross has to cover it.
John Murphy, Arcadia resident appeared and commented on the 300 to 400 feet of street at
Highland Oaks that is in deplorable conditions; that he discussed this with Mr. Penman and was
advised that because this is not an approved budget item, funds to make the repairs would have
to be appropriated. Mr. Murphy discussed some suggestions to resolve the issue and hopes
that the City can come up with some money to make the repairs; he also stated that there is
another bear; and suggested that the City communicate with residents to take their trash out in
the mornings rather than the night before.
In response to Mr. Murphy's comments regarding the street conditions on Highland Oaks, Mr.
Penman responded that there are 41 Stone Pines on Highland that have severe root problems;
that the situation is a little more complicated than just the roots because the trees are large and
top heavy and cutting only the roots may cause the trees to become unbalanced; that $25,000 a
year is budgeted just for those trees and as part of the budget process and alternatives to
resolve the issue will be submitted for City Council consideration.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
In response to an inquiry from Council Member Kovacic regarding the people camping overnight
in front of City Hall, City Manager Don Penman responded that the City was accepting the first
200 firefighter applications at 7:30 a.m. the following morning and that individuals started lining
up early the day before.
Mr. Kovacic thanked the Chinese Association for honoring the City employees; he also noted
that the Arcadia Chinese Association is the primary sponsor of Law Day which will take place on
May 8th at the Library.
Council Member Amundson noted that on March 4 the Arcadia Police Department put on a
"Don't be a Victim" workshop; that it was a very informative and educational and wished that
more people would have attended; he encouraged residents to call the police when in doubt and
don't be a victim. He announced and commented on the Nixel program through the police
department and reminded residents that the City's website has valuable information.
03 -16 -10
Council Member Chandler announced that on March 9th, the Arcadia Assistance League
celebrated its 40 Anniversary of Operation School Bell; he reported that his vote by mail ballot
with the City Clerk office return address on it was returned to him by the post office and that
voters should contact the City Clerk's office if their vote by mail ballot is returned back to them.
In response to comments raised by Council Member Harbicht regarding the bike and parking
lanes on North Santa Anita Avenue, Phil Wray, Deputy Director of Development Services /City
Engineer responded that after he inspected the location, it was determined that the stripping will
be moved over about a foot.
Mr. Penman advised that modifications can be made tonight or the item can be deferred until
contact is made with the contractor regarding the extra cost; however, that because it is not on
the agenda, no decision can be made at this time.
Council Member Harbicht agreed with Mr. Wray's suggestion to move the stripping over about a
foot.
Council Member Kovacic announced that the City bike ride is scheduled for May 1, 2010.
City Attorney Steve Deitsch advised the City Council that if two findings are made, the item can
be added to the agenda for consideration; he announced that the findings would be that there is
a need to take immediate action and that the need to take action came to the attention of the
City Council after the agenda was posted and requires 4 /5 vote by the City Council.
Council Member Harbicht noted that if the City Council is comfortable with moving the stripping
over, then there would be no need for action.
It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried
on roll call vote that there is a need to take immediate action and that the need to take action
came to the attention of the City Council after the agenda was posted and requires a 4 /5 vote
for approval.
AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo
NOES: None
ABSENT: None
Council Member Kovacic announced the two options as (1) proceed as recommended by Mr.
Way or (2) defer action for a couple of weeks to review the bike lane and bring back to a future
meeting.
After some discussion by the City Council and staff, it was moved by Council Member Harbicht,
seconded by Council Member Kovacic to move the lane over about a foot as recommended by
Mr. Wray.
AYES: Council Member Harbicht, Kovacic, Amundson, Chandler and Wuo
NOES: None
ABSENT: None
52:0028
In response to an inquiry by Mr. Harbicht regarding the height of hedges, Mr. Kruckeberg
responded that 3 1 /2 feet is the height limit of vegetation within the triangle near an intersection.
Mr. Harbicht commented on the lack of visibility on some corners within the City and residents
should contact the City if they have complaints.
03 -16 -10
52:0029
City Clerk Barrows announced the City /Civitan Elementary School Track Meet on March 17 and
on March 24 is the Middle School Track Meet.
Mayor Wuo also commended the Operation School Bell program and thanked the Assistance
League for all they do for the kids; he noted the read a book program at the Library and thanked
the Arcadia Beautiful Commission for sponsoring that event; he reminded everyone about the
Mayor's Community Breakfast at the Frontrunner Restaurant at Santa Anita which is also their
75 Anniversary; and reported that the City Newsletter has a lot of valuable information
regarding City activities and events.
Mr. Harbicht commented on the St. Baldrick's Childhood Cancer Fundraiser that took place at
Matt Denny's last week and heard that 40 Arcadia Firefighters had their heads shaved; that the
goal was to raise $30,000 and it looked like they raised $40,000. He congratulated everyone
who participated in the cause especially the Arcadia Firefighters who have been the driving
force behind this event for the last 5 years.
2. CONSENT CALENDAR
CITY COUNCIL ITEMS:
a. Adopt Ordinance No. 2264 amending Section 2664.5.1 of the Arcadia Municipal
Code requiring operators to pay all taxes, interest and penalties as a condition
precedent to seeking judicial review of a determination of transient occupancy tax
liability.
Recommended Action: Adopt
b. Introduce Ordinance No. 2271 adding Section 1090 to Chapter 9 of Article I of
the Arcadia Municipal Code requiring persons filing legal action against the City
challenging liability for taxes, assessments or fees to pay all said taxes,
assessments, fees, interest and penalties as a condition precedent to seeking
judicial review.
Recommended Action: Introduce
c. Authorize the City Manager to execute a Professional Services Agreement with
Stetson Engineers, Inc. to prepare a Water Supply Assessment for the 2010
Urban Water Management Plan and General Plan EIR in the amount of $24,600.
Recommended Action: Approve
d. Authorize the City Manager to execute a contract with S. J. Grigolla Construction
Company for Second Avenue Accessibility Project in the amount of $58,367.25
and approve a 10% contingency.
Recommended Action: Approve
e. Authorize the City Manager to execute a contract with D & J Foothill Electrical
Contractors Inc. for the installation of electrical lighting and equipment at First
Avenue Middle School in the amount of $79,945.
Recommended Action: Approve
03 -16 -10
9.
Council Member Amundson noted that when the City and School Board met, they were not
going to allow non - school children on the field because of all the work that had been done.
Mr. Tait responded that the fields will be closed periodically to allow them to recover, but did not
think that the intent was to keep people off the field and confirmed that the public will have
access to the field.
In response to a question raised by Council Member Kovacic regarding light use, Mr. Tait
responded that more teams will use the field which means that we should get 100% use of the
field on any given evening.
It was moved by Council /Agency Member Chandler seconded by Council /Agency Member
Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.g.
AYES:
NOES:
ABSENT:
3. CITY
f. Waive expenses related to traffic control services for the Sixteenth Annual Santa
Anita Derby Day 5K to be held on Saturday, April 3, 2010.
Recommended Action: Approve
Authorize the City Manager to execute a Grant Application for receipt of FY 2010
Federal Funds requiring City matching funds for water system improvements.
Recommended Action: Approve
a.
Council /Agency Member Chandler, Amundson, Harbicht, Kovacic and Wuo
None
None
MANAGER ITEMS /EXECUTIVE DIRECTOR ITEMS:
52:0030
Authorize a direct mail marketing proiect to promote restaurants located in
Downtown Arcadia.
Recommended Action: Approve
Linda Garcia, Communications, Marketing and Special Projects Manager reported that in
conjunction with the Chamber of Commerce, the City is taking a more assertive approach to the
"Shop Arcadia" campaign to promote the concept of shopping locally for goods and services; that
the Redevelopment Agency Board approved a program that will involve the use of Agency
marketing funds to promote, through a direct mail discount card, sit down restaurants located in the
downtown area would have to commit to offer patrons a 15% discount on their meal purchase within
a specified period of time. She explained the importance of sales tax revenue to the City; that the
campaign will remind people that sales tax is returned to the City if purchases are made in Arcadia.
She explained that the Redevelopment Agency has a marketing budget with funds available to
cover the cost of approximately $6,400 - $6,500 and noted that no general fund money will be used.
Beth Costanza, Chamber of Commerce President commented on the "Shop Arcadia "campaign
and how important the tax dollars are to Arcadia.
03 -16 -10
AYES: Council /Agency Member Harbicht, Amundson, Chandler, Kovacic, and Wuo
NOES: None
ABSENT: None
AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht and Wuo
NOES: None
ABSENT: None
52:0031
It was moved by Council Member Harbicht, seconded by Council Member Amundson and
carried on roll call vote to authorize staff to proceed with the Downtown Arcadia restaurant
marketing project as outlined in the staff report.
b. Authorize the City Manager to execute a Professional Services Agreement with
IBI Group to provide design services for the Santa Anita Grade Separation
Bridge Concepts in the amount of $19,000.
Recommended Action: Approve
Phil Wray, Deputy Director of Development Services /Engineering reported on the award of a
Professional Services Agreement with the IBI Group to provide design concepts for the Santa
Anita Grade Separation as part of the Gold Line Foothill Extension Project; he further reported
that on February 16 staff presented for consideration additional improvements on the
elements of the Gold Line project; that the City Council expressed interest in exploring
improvements to the bridge design and gave staff direction to prepare design concepts and
bring back for consideration. Mr. Wray noted that the City Council's concept to the bridge
design were expressed as modest, conservative with a historic, WPA, art deco motif using
concrete without adding other materials; he further noted that in order to obtain the conceptual
bridge design, the City requires the service of a qualified bridge architectural /engineering firm;
that IBI Group has assisted the City on various tasks associated with the Gold Line Project; that
IBI is a large planning, engineering and architectural firm with experience in large transportation
projects including bridges; and that over the past few years have assisted the City as an
independent third party to review preliminary engineering plans and traffic analysis. Mr. Wray
advised that based on IBI's experience and previous knowledge of the project they make a good
candidate for the services being requested; that a proposal has been received in the amount of
$19,000 to prepare conceptual bridge design concepts and a photo simulation. Mr. Wray
advised that the cost is reasonable and requests authorization to enter into a Professional
Services Agreement with IBI Group to provide design services for the Santa Anita Grade
Separation Bridge Concepts in the amount of $19,000.
Mr. Penman announced that a Special Study Session is scheduled for Tuesday, March 23,
2010 at 8:30 a.m. to discuss and review the bridge design concepts.
It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried
on roll call vote to authorize the City Manager to execute a Professional Services Agreement
with IBI Group to provide design services for the Santa Anita Grade Separation Bridge
Concepts in the amount of $19,000.
03 -16 -10
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting at 9:00 p.m. in memory of Jim
Ellsworth and Doug Speck to Tuesday, April 6, 2010, 6:00 p.m. in the City Council Chamber
Conference Room located at 240 W. Huntington Drive, Arcadia.
By:
James H. Barrows, City Clerk
52:0032
Lisa Mussenden
Chief Deputy City Clerk/Records Manager
03 -16 -10