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HomeMy WebLinkAboutItem 1c: Minutes of April 6, April 20, & May 4, 2010CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 6, 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 PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None 52:0051 a. Pursuant to Government Code Section 54956.9(b)(1) and 54956.9(c) to confer with legal counsel regarding anticipated litigation — five (5) cases. b. Pursuant to Government Code Section 54957 regarding public employee Discipline /Dismissal /Release. 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 — James Barrows, City Clerk PLEDGE OF ALLEGIANCE - Carolyn Garner - Reagan, Director of Library and Museum Services ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: 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 consider the two (2) items listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman announced that there were no supplemental reports regarding agenda items. 52:0052 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 of Certificate to Gordon Maddock on his retirement from Baldwin Realty. 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 Jerry Schwartz, Economic Development Manager reported that the Redevelopment Agency has been working with Rusnak to facilitate the expansion of its Mercedes -Benz dealership; that the dealership currently leases a portion of the property at 21 Morlan Place for vehicle storage from the Agency; that a short term lease was approved by the Agency in December 2008 for two floors of the Arcadia Self Storage building for storage of parts and use of the parking lot for auto storage and parking; that in 2009, the Agency demolished the building at 21 Morlan Place and the entire property has been graded and paved. Mr. Schwartz advised that Rusnak now desires to utilize the entire site to grow its business; that a new deal point letter has been prepared and provides for a five year lease for the entire site; and the new lease rate will remain at $1,000 per month for a five year term which reflects the cooperate relationship between the City and Rusnak. He noted that if Rusnak would leave Arcadia before the end of the five year term, Rusnak would owe the Agency a payment of $30,000 which would represent the difference between the proposed rent and a rate of $1,500 per month which would be closer to the market rent for the entire five year period; that the Agency will receive $12,000 per year or $60,000 for the term of the lease; and may also pay possessory interest taxes on the leased area with a portion of which would accrue to the Agency. He advised that the project is categorically exempt from CEQA and a Notice of Exemption will be filed with the Los Angeles County Recorder office. 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. 04 -06 -10 52:0053 It was moved by Agency Member Harbicht, seconded by Agency Member Chandler and carried on roll call vote to 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. AYES: Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None b. Adopt ARA Resolution No. 231 amending ARA Resolution No. 172 regarding use and desiqn requirements and guidelines in the Central Redevelopment Project Area. Recommended Action: Adopt Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the Redevelopment Plan for the Central Redevelopment Project Area includes a provision allowing the Agency to be more restrictive in the uses allowed in the Redevelopment Area than in the Zoning Code; that Arcadia Redevelopment Agency Resolution No. 172 adopted in January 1993 established certain use and design requirements and guidelines in the Project Area; that the resolution included a list of "inappropriate uses" that the Agency generally does not allow; and explained that the purpose of the Resolution 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 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; he described some of the inappropriate uses as acupressure studios, nail salons, massage parlors, and beauty colleges; and that a more detailed list of inappropriate uses is attached to proposed ARA Resolution No. 231. He explained the business license application process for day spas or general beauty salons; 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; he reported that the inspections of such uses by a City team led by the Police Department and Code Services found numerous code violations and illegal activity at those locations 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 recommends adoption of ARA Resolution No. 231 which will modify the inappropriate uses for the Central Redevelopment Project Area provided in ARA Resolution No. 172. Council Member Kovacic thanked staff for bringing this matter to the attention of the City Council and also thanked Mr. Kruckeberg for looking out for the Redevelopment Project Area. 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. 04 -06 -10 It was moved by Agency Member Kovacic, seconded by Agency Member Amundson and carried on roll call vote to adopt ARA Resolution No. 231 amending ARA Resolution No. 172 establishing revised use and design requirements and guidelines in the Central Redevelopment Project Area. AYES: Agency Member Kovacic, Amundson, Chandler, Harbicht and Wuo NOES: None ABSENT: None CITY COUNCIL ITEMS: c. An appeal of a denial by the Planning Commission of a request for a Zoning Modification to permit a 796 square -foot attic that has been converted into a third floor within the existing residence at 245 West Walnut Avenue. Recommended Action: Deny appeal Jim Kasama, Community Development Administrator provided the staff report regarding an appeal of a denial by the Planning Commission of a modification to allow a third story conversion from attic space within an existing residence. Mr. Kasama reported that an appeal of the Planning Commission's March 9, 2010 denial of Modification Application MC 10 -03 to permit a 796 square foot attic that was converted into a third floor within an existing residence was filed on behalf of the applicant by Ms. Ni, the real estate agent; that a two story, 5,580 square foot residence was constructed in 1989 and included in the plans was a 796 square foot attic space designed to accommodate the storage of large items and built with a weight bearing floor; that the attic was converted without permits into livable space and a permanent staircase was added from the second -floor to the attic thereby creating a third -story which is not allowed in the R -O zone. He noted that during a recent remodel inspection to add two new bathrooms, the building inspector learned that one of the new bathrooms was to be added on the illegal third floor. He further noted that County Tax Assessor records show the attic as livable space; he explained the conditions that must be met in order to approve a modification request and reported that in staff's opinion the applicant's request to maintain an illegally installed staircase and converted attic does not meet any of those purposes; that a third floor is not allowed by Code and therefore should not be considered appropriate. Mr. Kasama explained the applicant's reasons why the staircase should remain. He explained staff's recommendation to deny to the appeal on the basis that the request does not meet the purposes of a zoning modification. Mayor Wuo opened the public hearing. 52:0054 Jean Ni, real estate agent on behalf of the owner Mr. Jingming Luo appeared and through translation explained that the staircase was built 20 years ago and Mr. Luo would like to keep the staircase. James DoIlan, an Arcadia resident appeared and spoke regarding three story homes in Arcadia; he recalls that the third floor issue at this location was addressed when the house was first built and was denied by the City; he concluded that he does not want to see a precedence set regarding three story homes. 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. 04 -06 -10 It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to deny an appeal of a denial by the Planning Commission of a request for a Zoning Modification to permit a 796 square -foot attic that has been converted into a third floor within the existing residence at 245 West Walnut Avenue. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS 52:0055 Rainbow Yeung with South Coast Air Quality Management District (AQMD) appeared to discuss and bring to the attention of the City two new AQMD videos; and provided an update on recent programs; and the gas lawn mower exchange program. Shong -Ching Tong appeared to discuss and comment on election issues. Henry Nunez, an Arcadia resident appeared and requested that the City Council allow the new City Council to approve the design of the bridge. John MacDonnell, an Arcadia resident appeared and expressed his concerns regarding the new bike lane put in on Santa Anita Avenue; he noted that there is not enough room on Santa Anita for bicyclist, traffic and parked vehicles and requested that the bike lane be reconsidered because it is creates a dangerous condition and puts the City at risk. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler congratulated Gordon Maddock on his retirement; and wished Council Members Amundson and Harbicht good luck on the election. Council Member Harbicht commented on the nation's recession; he reported that a letter was received from Standard and Pours, a bond rating agency, advising that the City of Arcadia's rating was increased from AA to AA +; he explained that this represents the fiscal soundness of the City; and discussed the 4th quarter sales tax which he advised was down slightly about 1 /2 percent. Council Member Kovacic congratulated Gordon Maddock on his retirement; he encouraged everyone to vote and wished the candidates good luck; he commented on a couple of candidate forums that he attended; he announced that the Community Bike Ride is scheduled for May; and noted that he will be in Washington, DC on May 1 with his daughter Kelly who is California's Teacher of the Year and the Arcadia High School Constitution Team. Mayor Pro Tem Amundson encouraged everyone to go out to vote on Election Day. City Clerk Barrows announced that Friday and Saturday will be the Arcadia Annual Invitational Track Meet at the high school; he encouraged everyone to vote on Tuesday on April 13 and made a personal comment in memory of Milton Sonnevik of Baldwin Stocker. Mayor Wuo commented on the light traffic because of spring break; he congratulated Gordon Maddock on his retirement; he congratulated the volunteers and commissioners who serve the City; he thanked staff for all their hard work in planning the Silver Circle Dinner; he announced 04 -06 -10 52:0056 he attended a dinner hosted by the Japan General Counsel for the Annual Tokyo City Cup which has been held at the race track for the last 15 years; he congratulated Helen Romero Shaw who was elected as President of the Chamber of Commerce and Vince Foley who was selected as Citizen of the Year; he announced that he attended the 5K Derby Run and recognized those City employees who attended and participated; and announced that April 8th is the Mayor's Community Breakfast at the Front Runner Restaurant at Santa Anita Park and encouraged the community to attend. REDEVELOPMENT AGENCY ITEMS: a. Approve the regular meeting minutes of March 2, 2010 and March 16, 2010. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the regular meeting minutes of March 2, 2010 and March 16, 2010. Recommended Action: Approve c. Adopt 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: Adopt d. Authorize the City Manager to award a purchase order contract to Gale Cengage Learning for the purchase of subscriptions to seven (7) electronic databases for the Library in the amount of $37,025.85. Recommended Action: Approve e. Accept all work performed by D & J Foothill Electrical Contractors, Inc. for the installation of powered vehicle exhaust extraction system as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve f. Authorize the City Manager to execute a one (1) year Professional Services Agreement with Clinical Laboratory of San Bernardino, Inc. for laboratory testing services of City water samples in the amount of $46,149. Recommended Action: Approve g. Waive the formal bid process and approve the purchase of a firearms training simulation system from Laser Shot, Inc. in the amount of $50,000 by utilizing the American Recovery and Reinvestment Act Justice Assistance Grant Funds. Recommended Action: Approve h. Authorize the City Manager to execute a contract with AdminSure Inc. for Third Party Administrator Services in the amount of $23,113.00 for the remainder of FY 2009 -10 and $95,227.00 in FY 2010 -11. Recommended Action: Approve 04 -06 -10 52:0057 It was moved by Council /Agency Member Harbicht seconded by Council /Agency Member Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.h. AYES: Council /Agency Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None 3. CITY MANAGER ITEMS /EXECUTIVE DIRECTOR ITEMS: a. Approve Santa Anita Avenue Grade Separation Bridge Design and other improvements for incorporation into the Gold Line Foothill Extension Project. Recommended Action: Approve Phil Wray, Deputy Director of Development Services /City Engineer reported that at the Study Session on March 23, 2010, staff presented to the City Council three alternative bridge design concepts for the Santa Anita Grade separation and selected a preferred alternative design for further refinement. He advised that the Gold Line Foothill Extension Construction Authority is preparing a detailed project scope and bid documents for the next phase of the Gold Line construction. Mr. Way provided a power point presentation which provided Gold Line project timelines; he discussed the bridge design concept as directed by the City Council at the March 23, 2010 Study Session; multiple railing styles and architectural wall treatments and the next steps regarding the City's interface with the Gold Line Authority and the project. He provided information regarding the Main Alignment Bid Package which consists of the tracks, stations and grade separation which should be released in June, with ground breaking in the late fall; and discussed the additional improvements proposed to the Authority by the City. He also presented a photo simulation of the bridge and commented on the abutments and inlays; he discussed the abutments at the Second and Huntington Bridge that the City Council had interest in pursuing and reported that staff has already pursued this mater with the Consultant. He advised that the City will continue to communicate with the Authority to ensure that regarding the upgrades and will continue to work with the Authority during the bid and design process in order to make sure that it is designed and constructed as directed. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to approve the final alternative design concept as the Santa Anita Avenue Grade Separation Bridge Design and other improvements for incorporation into the Gold Line Foothill Extension Project. AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic, and Wuo NOES: None ABSENT: None It was the consensus of the City Council that a future meeting be scheduled within the next couple of weeks to further discuss the bridge design. 04 -06 -10 ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:15 p.m. in memory of Milton Sonnevik, Former Principal of Baldwin Stocker Elementary School and longtime Arcadia residents Colleen Hamilton, Edith MuIIe and Colleen Kay Hutchins Vandeweghe to Tuesday, April 20, 2010, 7:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk 52:0058 Lisa Mussenden Chief Deputy City Clerk/Records Manager CALL TO ORDER Mayor Wuo called the meeting to order at 7:00 p.m. INVOCATION Methodist Hospital Deacon Mike Salcido PLEDGE OF ALLEGIANCE City Manager Don Penman ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None 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 Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS Ralph Bicker, Arcadia resident appeared and shared his concerns regarding trees falling down in the City. 1. CITY CLERK REPORT CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 20, 2010 52:0058 a. Adopt Resolution No. 6716 reciting the fact of the General Municipal Election held on April 13, 2010, declaring the results and other matters as provided by law. Recommended Action: Adopt 04 -20 -10 • Bob Harbicht: 4,745 votes • Paul Cheng: 2,470 votes • Mark "Mickey" Segal: 4,752 votes • Peter Amundson: 4,017 votes • Jason Lee: 1,673 votes • Sho Tay: 2,707 votes AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None 2. PRESENTATIONS a. Presentations to outgoing Mayor John Wuo Presentation by Presentation by Presentation by Presentation by Presentation by Presentation by Presentation by Presentation by Education Presentation by Mary Ann Lutz Presentation by Presentation by Presentation by America Presentation by Presentation by Presentation by of Arcadia 52:0059 City Clerk James Barrows presented the staff report declaring the results of the General Municipal Election held on April 13, 2010 and noted that the returns were certified and canvassed and reported the votes cast for office of City Council Member as follows: Mr. Barrows advised that pursuant to the Arcadia City Charter, those individuals obtaining the majority of votes are elected as City Council members and that the three candidates elected to a four -year term on the Arcadia City Council are Peter Amundson, Mark "Mickey" Segal and Bob Harbicht. A motion was made by Council /Agency Member Chandler, seconded by Council /Agency Kovacic and carried on roll call vote to adopt Resolution No. 6716 reciting the fact of the General Municipal Election held on April 13, 2010, declaring the results thereof and such other matters as provided by law. Mayor Pro Tem Peter Amundson on behalf of Senator Dianne Feinstein Mark Harmsen on behalf of Congressman David Dreier David Monroy on behalf of Senator Bob Huff Steve Johnson on behalf of Assembly Member Anthony Adams Tanganica Turner on behalf of Assembly Member Anthony Portantino Brian Mejia on behalf of Supervisor Michael Antonovich Kevin Zimmerman on behalf of Arcadia Chamber of Commerce Dr. Joel Shawn and Cung Nguyen on behalf of Arcadia Board of Mayor Pro Tem Peter Amundson on behalf of City of Monrovia Mayor Pearl Chen and Polly Ho on behalf of Arcadia Chinese Association Dennis Lee and Mike Driebe on behalf of Methodist Hospital Foundation Jack Pan on behalf of San Gabriel Valley Council, Boy Scouts of Mike Paiva on behalf of Farmers Insurance Company Juliette Zhuo, host of LA18 TV Mayor Pro Tem Peter Amundson and City Council on behalf of the City 04 -20 -10 b. Remarks by outgoing Mayor John Wuo Mayor Wuo welcomed and thanked everyone for attending the meeting; he introduced his family and thanked all his friends for attending; he recognized the City staff and departments; he announced that the Recreation and Community Services Department recently received two awards; the first award from the California Parks and Recreation Society for the concerts in the park program; and the Health Wellness and Community Life Award received from the California Parks and Recreation Society District 13 for the City of Arcadia "Step into Health Program" which offers numerous preventive health information and workshops for older adults; and congratulated Recreation and Community Services Director Sara Somogyi. He read a letter from Compromise Structures, Inc. commending Building Official Don Stockham and Senior Planner Lisa Flores for their outstanding service and leadership to the public; he thanked his colleagues; he thanked all the staff for their hard work and dedication to the City and for making the Mayor and City Council look good in the public; he commended all the staff for doing an excellent job on the Mayor's Community Breakfast; and thanked City Manager Don Penman for his leadership. He thanked the voters for allowing him the opportunity to serve the City of Arcadia for the last 8 years. Mayor Wuo called a 5 minute recess at 7:40 p.m. Mayor Pro Tem Amundson reconvened the meeting to order at 7:50 p.m. 3. ADMINISTRATION OF THE OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS AND CITY CLERK City Clerk James Barrows administered the Oath of Office to re- elected City Council Members Peter Amundson and Bob Harbicht and newly elected City Council Member Mark "Mickey" Segal. 4. REORGANIZATION OF THE CITY COUNCIL FOR 2008 -2009 a. The City Clerk called for nominations for the Office of Mayor. Council /Agency Member Harbicht nominated Mayor Pro Tempore Peter Amundson for Mayor. Noting no further names, the nomination was closed. Roll Call: AYES: Harbicht, Amundson, Chandler, Kovacic and Segal NOES: None 52:0060 City Clerk Barrows announced that Mr. Amundson was unanimously appointed by the City Council as Mayor. b. Mayor Amundson called for nominations for the Office of Mayor Pro Tempore. Council /Agency Member Chandler nominated Council /Agency Member Kovacic for Mayor Pro Tempore. Noting no further names, the nomination was closed. Roll Call: AYES: Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None 04 -20 -10 c. Remarks and Introductions by newly elected Mayor Amundson. 52:0061 City Clerk Barrows announced that Mr. Kovacic was unanimously appointed by the City Council as Mayor Pro Tempore. Mayor Amundson thanked his fellow Council Members; he thanked and introduced his mother Mary Amundson; he thanked his wife Jackie and introduced his children who were all in attendance; he thanked his Treasurer Peggy Meu, his Ground Campaign Manager Dave Carson and Campaign Manager Mike Spencer for all their hard work on his campaign; he thanked former Mayors Floretta Lauber, Gail Marshall and George Fasching for their support and Former Mayor and Senator Bob Margett; he also thanked Supervisor Antonovich, Senator Huff and Former Senator Mountjoy for their endorsement and support; he thanked all his volunteers; and thanked the voters for trusting him and allowing him to serve another 4 years. He commented on Arcadia being the best place to raise a family; he discussed some items that he would like to address during his year as Mayor (1) the budget, (2) code enforcement, (3) signage, (4) massage parlors, and (5) building codes all which were issues in his campaign; he would like to see the City team up with the Chamber of Commerce; he commented on the ground breaking of the Gold Line in June and would like to find ways to promote Arcadia businesses; make it easier to obtain business licenses and the need to improve the downtown area and Live Oak Avenue; and commented on the updating of the General Plan; education in public safety and ways to educate the citizens on how not to be a victim; review the City's preparedness plan in the event of earthquakes; work with the schools and School Board; he discussed fundamentals and concluded that he looks forward to a challenging but great year working together as one team. d. Remarks and Introductions by newly elected Mayor Pro Tempore Gary Kovacic. Mayor Pro Tem Kovacic thanked and introduced his wife Barb, children and grandchildren who were in attendance; he announced that he will be in Washington DC where the Constitution Team will compete as California's representative in the national finals and noted that his daughter will be recognized by the President as California's Teacher of the Year. He congratulated John Wuo on a great year as Mayor and two meaningful terms as a City Council member; he also congratulated Mr. Segal on his election and congratulated Mr. Harbicht and Mr. Amundson on their re- election; and congratulated Mayor Amundson on being the 86 Mayor of Arcadia; he thanked his colleagues for their dedication; he commented and discussed some challenging issues including the budget, the updated General Plan and the Gold Line; he noted the work the good people of Arcadia do on a daily basis by volunteering at the police and fire stations; the library, the community center, the historical museum and the hospital; and thanked Mr. Sho Tay, Mr. Paul Cheng and Mr. Jason Lee for their participation in the election process and for raising important issues. He pointed out the beautiful and safe neighborhoods, excellent schools, a modern hospital, library and community center, outstanding senior programs, plenty of parks, field and recreational opportunities for all ages, the best police, fire and paramedic services, public infrastructure and services that work, a sound operating budget and an honest City Council and noted that these can all be found in Arcadia. He commented on the cultural and language gaps. He concluded by citing a quote of Atticus Finch, the moral ideal of both a lawyer and human being in the novel "To Kill a Mockingbird "; and looks forward to a great and productive year. 04 -20 -10 52:0062 e. Remarks and Introductions by remaining City Council Members Council Member Segal thanked the citizens of Arcadia for their trust and allowing him to serve another four years and noted that he will do his best to protect the interest of the community; he thanked Vince Foley for his hard work on his campaign; he congratulated Paul Cheng, Jason Lee and Sho Tay for their hard work on the election; he stated that he has spent endless hours in the last 25 years volunteering to improve the lives of Arcadians and his family; he noted that the City Council will need to work hard to ensure that street sweeping and tree trimming services, police and fire and other employee unions can remain in tact and function in the way we are accustomed; and be creative in finding additional sources of revenue without taxing the citizens in these tough economic times. He stated that he would like staff to investigate the possibility of implementing two programs recommended during the campaign (1) a Community Emergency Response Team (CERT) which will train citizens by police and fire to assist in an emergency situation in the City, but does not want to create a substantial financial burden on the City; and (2) a City -wide Internet program; and would also like to see staff formulate a process to limit campaign spending so that individuals are not restricted by the cost of running for City Council. He concluded by congratulating Mr. Amundson on becoming Mayor and Mr. Kovacic for becoming Mayor Pro Tem; he again thanked the community for putting their trust in him for the next four years; and thanked his children and wife Lee who were in attendance for their support and patience during the last three months of running for City Council. Council Member Chandler congratulated Mr. Amundson, Mr. Harbicht and Mr. Segal; he commented on the stability of the City and congratulated Mr. Wuo. Council Member Harbicht introduced his wife Patsy; his son and two grandsons; he congratulated Mr. Amundson on his re- election and becoming Mayor and welcomed Mr. Segal back; he thanked long time supporters of his, Vince and Dolores Foley, Harvey and Bev Timin and Bruce McCallum for their hard work on his campaign; he discussed the over $250,000 spent on the election and noted that he would like to see campaign spending limits set; he commented on the media attention a certain individual received during the election and explained that the underlying issue had to do with the 24 units per acre density limit in the downtown and other areas around town; he further explained that a recommendation was made by a citizen's committee that the 24 units per acre be increased to 50 units per acre; and that the height limit be increased from 3 to 5 stories. He reported that City Council and Planning Commission rejected that recommendation. He discussed his goals as (1) keeping the City on the same level as it has been; (2) bring the Caruso project to fruition; he noted that he believes the project is in the best interest of City and would like to see it accomplished in the next couple of years; and (3) he would like to see how a new City Hall can be built; and noted that he understands the financial issues however he would like to see in the next 4 years of his terms. He concluded by thanking the voters for their support and for returning him back to office. Mayor Amundson also thanked Tim and Dave for their help in keeping his company together the last 6 months and for the next 12 months as he fulfills his Mayor responsibilities. He also advised Mark Harmsen to thank Congressman David Dreier on his behalf. 04 -20 -10 ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 8:25 p.m. in memory of Rachel Rooney (daughter of Museum Curator Dana Dunn) to Tuesday, May 4, 2010, 5:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia By: James H. Barrows, City Clerk 52:0063 Lisa Mussenden Chief Deputy City Clerk/Records Manager CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MAY 4, 2010 CALL TO ORDER - Mayor Amundson called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: 52:0064 PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION a. Pursuant to Government Code Section 54956(c) to confer with legal counsel regarding potential litigation — one (1) case. b. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield, LLC, et al. v. City of Arcadia; Arcadia First! v. City of Arcadia; Real Parties in Interest: Caruso Property Management, Inc., Santa Anita Associates Holding Co., LLC, The Santa Anita Companies, Inc., Santa Anita Commercial Enterprises, Inc. Santa Anita Associates, LLC, Magna Entertainment Corporation, Los Angeles Turf Club, Incorporated, Rick J. Caruso, Caruso Affiliated, Inc. (State of California Court of Appeal Case No. B212865) c. 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. d. Pursuant to Government Code Section 54956.9 (a) conference with real property negotiators: Property: 101 to 111 North Santa Anita Avenue Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Development Services Director Jason Kruckeberg and Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency and Wells Fargo N.A. as trustee of the Walter C. Griffin and Wanda Lee Griffin 1997 Trust Under Negotiation: Price and Terms of Payment 05 -04 -10 52:0065 e. Pursuant to Government Code Section 54956.9 (a) conference with real property negotiators: Property: 121 to 159 North Santa Anita Avenue Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Development Services Director Jason Kruckeberg and Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency and Ohannes R. Berberian and Frances L. Berberian Under Negotiation: Price and Terms of Payment f. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Lavov Funk v. City of Arcadia, et al., (Los Angeles County Superior Court Case No. GC 043112). THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor Amundson called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION — Reverend Darwin Ng, First Church of the Nazarene of Pasadena PLEDGE OF ALLEGIANCE - Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Kovacic, Chandler, Harbicht and Segal ABSENT: None 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 and considered Items a, b and c listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported that the City Council will reconvene in Closed Session after the open meeting to consider items d, e and f, on the posted agenda and announced that it is not anticipated there will be any reportable action. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman announced that there are no supplemental reports regarding agenda items. 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 Chandler, 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. 05 -04 -10 PRESENTATIONS PUBLIC COMMENTS 52:0066 a. Presentation of a Certificate of Recognition to the Arcadia High School Constitution Team by Carlos Cortez on behalf of the United States Representative David Dreier. b. Presentation of a Certificate to the Arcadia High School Constitution Team by the City Council. Elisa Clifford, representative of Southern California Edison Company appeared and provided an update regarding the State of the Utilities and the Tehachapi Renewable Transmission; she provided information regarding the Smart Connect Program, Energy Efficiency Programs, Energy Star Appliance Rebates, including residential programs and Customer Technology Service Centers and class schedules for rebates and solar initiatives. Beth Costanza, Executive Director of the Arcadia Chamber of Commerce appeared and discussed the artwork for the Gold Line transit station; she reported that the race track is working on a rendering as a suggestion for the transit station and will be sharing it with the City Council at a future date. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Mayor Pro Tem Kovacic congratulated the Constitution Team and thanked the City Council for honoring them; he noted that his daughter Kelly, who was named the 2010 Teacher of the Year was in Washington at the same time and had dinner with Vice President Bidden and other dignitaries; he announced Law Day on Saturday, May 8 he thanked the Arcadia Chinese Association for their sponsorship and also the City of Arcadia for their co- sponsorship. Council Member Harbicht announced that he attended the Educational Foundation Dinner last weekend and presented on behalf of the City, certificates to the Teacher of the Year and Employee of the Year for their accomplishments; he explained the purpose of the Educational Foundation and encouraged everyone's support; and commented on the positive cooperative relationship between the School District and the City and would like to see it continued. Council Member Chandler announced the Arcadia /Monrovia Tri- Chamber of Commerce Golf Tournament on June 12 at Sierra La Verne Golf Course. Council Member Segal congratulated the Constitution Team and thanked those individuals who volunteered their time; he congratulated the Teacher and Employee of the year at the Education Foundation Dinner; and noted that the Education Foundation gave out 55 mini - grants to teachers who would like to institute different types of programs in their classrooms and explained some of the programs the mini - grants represent. City Clerk Barrows congratulated the Fire Department on a successful pancake breakfast; he congratulated and thanked the Police Department and Community Services Department for a successful Bike Ride. 52:0067 Mayor Amundson announced the City Council Liaison List and entered it as part of the record. He inquired if gardeners have to be licensed and Mr. Penman responded that all gardeners are required to have a business license from the City and reminded all residents who have gardeners to make sure that their gardeners obtain business licenses from the City. Mayor Amundson wished all Mothers a Happy Mothers Day; and he commented on the Census workers who are in Arcadia obtaining information and provided an explanation of what information the census workers should be asking for. CITY COUNCIL ITEMS: a. Authorize the City Manager to execute a contract with Insituform Technologies, Inc. for the Sewer Relining Proiect in the amount of $56,900. Recommended Action: Approve b. Reiect all bids for the 2009 -10 Water Main Replacement Project. Recommended Action: Approve c. Accept all work performed by Gentry Brothers, Inc. for the Road Rehabilitation of Santa Avenue from Grand View Avenue to Foothill Boulevard Proiect as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve d. Accept all work performed by D & J Foothill Electrical Contractors, Inc. for the Installation of Electrical Lighting at First Avenue Middle School as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve e. Waive the formal bid process and approve the purchase of radios and accessories from Motorola utilizing the County of San Diego Regional Communications System contract in the amount of $111,512.40. Recommended Action: Approve f. Authorize the City Manager to execute a purchase agreement with Sungard Pentamation for financial system software maintenance in an amount not to exceed $32,100. Recommended Action: Approve g- Authorize City staff to continue using Cutwater (formerly MBIA) Asset Management Group for investment management services for the coming year. Recommended Action: Approve It was moved by Council /Agency Member Harbicht seconded by Council /Agency Member Chandler and carried on roll call vote to approve Consent Calendar items 1.a through 1.g. AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amunsdon NOES: None ABSENT: None 2. CITY MANAGER ITEMS: 52:0068 a. Report, discussion and direction regarding the Public Outreach Efforts Plan for the Citywide Street Lighting Assessment District. Recommended Action: Provide Direction Tom Tait, Public Works Services Director provided an update regarding the public outreach efforts for the re- balloting of the City -wide Street Lighting Assessment District; he reported that the existing Street Lighting Assessment District will expire on June 30, 2010; that property owners currently pay 40% of the total cost to maintain and repair street lights while the City pays the remaining 60 %; that without a property owner approved extension, the City will lose approximately $420,000 in revenue annually. He noted that the City was unsuccessful in November 2008 when the issue was placed before the property owners; that staff felt that is was necessary to retain a professional public outreach consultant to assist in the re- balloting efforts for the extension of the Street Lighting Assessment District in order to enhance public outreach efforts and discussed the public outreach plan. He reported that public outreach efforts will be in the City's newsletter, the Hot Sheet, the City's website and community presentations. At the request of the City Council, Mr. Tait's City Council presentation will be broadcasted on the Cable Channel. Mr. Penman advised that this item was for City Council information only and that no action was necessary. b. Report, discussion and direction regarding the name of the Joint Use Gymnasium at Dana Middle School Recommended Action: Provide Direction Sara Somogyi, Director of Recreation and Community Services reported that since April 2006, the City and the Arcadia Unified School District have been working closely to build a gymnasium at Dana Middle School; and noted that groundbreaking took place in November 2009 and expected to take approximately one year to complete. She discussed the provided the name choices for the Joint Use Gymnasium as "The Dana Gym ", "Gymnasium" or "The Gymnasium at Dana" and requested the City Council's choice to present to the School District. It was moved by Council /Agency Member Segal seconded by Council /Agency Member Harbicht and carried on roll call vote to name the gymnasium at Dana Middle School "The Dana Gym ". AYES: Council /Agency Member Segal, Harbicht, Chandler, Kovacic and Amundson NOES: None ABSENT: None The City Attorney recommended that the City Council recess the open meeting to a Closed Session in order to complete Closed Session Items d, e and f on the posted agenda and then at the conclusion of the Closed Session, the City Council shall continue the City Council meeting to an adjourned regular meeting for a continued closed session on Tuesday, May 11, 2010 at 7:30 am. at the City Council Chamber. ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:30 p.m. to Tuesday, May 18, 2010, 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk 52:0069 Lisa Mussenden Chief Deputy City Clerk/Records Manager