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CITY COUNCIUREDEVELOPMENTRGENCY
REGULAR MEETING MINUTES
TUESDAY, DECEMBER 16, 2008
CALL TO ORDER
Mayor Harbicht called the Meeting to order at 6:00 p.m.
ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
a. Pursuant to Government Code Section 54956.8 -Conference with real property
negotiators.
Property: Winnie Way Park (509 Winnie Way)
Citv Negotiators: City Manager and Assistant City Manager/Public Works
Services Director
Negotiatina Parties: City of Arcadia and Benson Tse (Property Owner)
Under Negotiation: Price and Terms of Payment
STUDY SESSION
a. Report, discussion and direction concerning Utility Users Tax issues.
Jim Priest, Best Best & Krieger (City Attorney office) explained the four resolutions calling the
special election to be consolidated with the Arcadia Unified School District for April 21, 2009.
He discussed the purpose of each resolution including the emergency findings that must be
made under Proposition 218 regarding financial implications of pending litigation and legislation
and potential losses of telecommunication revenue. He went over the proposed ordinance
amendments regarding modern technology and changes that needed to be changed in order to
bring the UUT Ordinance up to date.
Hue Quach, Administrative Services Director provided information, at the request of the City
Council, that he obtained from other cities he contacted including information regarding public
outreach efforts made by those cities.
After further discussion, the consensus of the City Council is to submit to the voters the question
on utility user tax in May or early June 2009.
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m.
' INVOCATION
Mayor Robert Harbicht
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PLEDGE OF ALLEGIANCE '
Pat Malloy, Assistant City Manager/Public Works Services Director
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED
SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council met in a closed session to consider
the one item listed on the posted agenda under closed session and no reportable action was
taken.
Additionally, Mr. Deitsch reported that the City Council also met in a Study Session to consider
issues pertaining to a potential utility user tax measure to be submitted to the voters next year
and is on the open agenda and no action was taken on this item in Study Session.
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE 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 Kovacic and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
PUBLIC HEARING
REDEVELOPMENT AGENCY ITEMS:
a.
Recommended Action: Approve
Jerry Schwartz, Economic Development Manager reported that the Redevelopment Agency is
required by law to prepare a Five Year Implementation Plan. He noted that the Redevelopment
Agency approved its most recent Five Year Implementation Plan in December 2004. He further
noted that the law also requires that once during that five year period a public review of the
goals and objectives of that Plan and achievements during that time be conducted. He reported
that the goals and objectives of the Redevelopment Agency include eliminating blight, creating
jobs, enhancing City revenues, improving and increasing the supply of affordable housing and
implementing the City's General Plan. He reported and discussed activities since approval of ,
the 2004 Implementation Plan that have impacted the Redevelopment Program in the last four
years and further reported what the Agency has undertaken as part of enhancing the economic
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environment of the business community and recommended that the Agency Board approve the
Mid-Plan Update to the Five Year Implementation Plan for Fiscal Year 2005-2010.
Agency Chair Harbicht opened the public hearing.
A motion to close the public hearing was made by Agency Member Chandler, seconded by
Agency Member Amundson and seeing no further objection, the Agency Chair declared the
public hearing closed.
It was moved by Agency Member Kovacic, seconded by Agency Member Amundson and
carried on roll call vote to approve the Mid-Plan Update to the Five Year Implementation Plan
FY 2005-2010.
AYES: Agency Member Kovacic, Amundson, Chandler, Wuo and Harbicht
NOES: None
ABSENT: None
PUBLIC COMMENTS
Jason Pivnik, Alpha Systems, appeared and
December 2, 2008 and requested that the City
business license.
spoke regarding the public hearing held on
Council reconsider its decision to revoke their
REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK
Mayor Pro Tem Wuo announced he attended the Snow Festival and commended the entire
Recreation Department staff for doing a great job; he thanked the Police Department for traffic
control and wished everyone Happy Holidays.
Council Member Chandler wished everyone a safe Happy Holidays; he commented on the
lighting assessment failing and noted that it will be addressed,in 2009; he further commented on
the current economy and reported on the utility users tax issue the City is working on for next
year to make ends meet.
Council Member Amundson commented on the Snow Festival. He wished the City Council, City
staff and residents Happy Holidays and Merry Christmas and concluded with a quote from
Charles Dickens.
Council Member Kovacic requested the City Attorney Steve Deitsch explain, for the benefit of
the public, why the City Council is prohibited from taking action regarding Mr. Pivnik's appeal to
reconsider its decision made on December 2, 2008 to revoke his business license. (In response
to Council Member Kovacic's request, Mr. Deitsch explained the Ralph M. Brown Act, Open
Meeting Law which prohibits the City Council from take action on any matter not listed on the
posted agenda). He complimented staff including Jim and Margaret Barrows for making the
snow festival a success. He wished everyone Happy Holidays.
At the request of Council Member Kovacic, Police Chief Sanderson reported that a 25 year old
was recently involved in a fatal traffic accident because he was in a hurry to meet friends. Chief
Sanderson gave details of the incident and further reported that the 25 year old was on his way
to meet friends and maneuvered his way around traffic at an unsafe high rate of speed, lost
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control of his vehicle and spun out and hit a tree causing him his life. He gave reports of traffic
accidents involving injuries and fatalities and reminded everyone to slow down.
Mayor Harbicht announced that Director of Library and Historical Services Janet Sporleder will
be retiring after 29 years at the end of December and thanked her for her service to the City and
the Community; he thanked the Oak Tree Racing Association and Santa Anita Park for their
joint donation of $10,000 toward the 2009 July 4~h event; he commented on the City's
investment portfolio and the City's investment policy; and discussed and explained Ethics
Training which is required by law to be taken by the each City Council member every two years.
He commented that the City is installing a diesel engine at a water well near Dana Middle
School and the Southern California Air Quality Management District is requiring that the City
give notice to all residents within 1,000 feet of the well including the parents of each child who
attends the school and commented on the expense involved by the City. He explained the
contents of the notice including the health affects the AQMD is requiring the City to give to
surrounding residents. He announced the Holiday Decoration award recipients by address.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Fiscal Year 2007-2008 Redevelopment Aaencv State Controller's Report
Audited Financial Report. Housing and Community Development Report Bliaht
Removal Progress. Loan and Prooertv Reports.
Recommended Action: Receive and file
CITY COUNCIL ITEMS:
b. Authorize the Citv Manager to execute a one {1)year Professional Services
Recommended Action: Approve
c.
d.
Recommended Action: Approve
e.
Recommended Action: Approve
Recommended Action:
C
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Recommended Action: Approve
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n
g. Ordinances rescinding oroiect approvals relating to "The Shops at Santa Anita
Park".
Recommended Action: Adopt
Adopt Ordinance No. 2254 repealing Ordinance No. 2227 which concerned
zoning changes pertaining to The Shoos at Santa Anita Park Project.
Recommended Action: Adopt
A motion was made by Council/Agency Member Chandler, seconded by Mayor Pro
Tem/Agency Vice Chair Wuo and carried on roll call vote to receive and file item 2.a and
approve items 2.b through 2.g on the City Council/Agency Consent Calendar.
AYES: Council/Agency Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
3. CITY MANAGER/EXECUTIVE DIRECTOR
a.
Linda Garcia, Communications, Marketing and Special Projects Manager provided the staff
report to authorize the assignment of an Open Video System Franchise Agreement by
Champion Broadband California, LLC to CBC Broadband Holdings. She explained that
Champion Broadband currently holds an Open Video System Franchise Agreement with the
City. She further explained that in September, the City received an application for the
assignment of the Open Video System Franchise Agreement to CBC Broadband Holding. She
advised that CBC proposes to continue business as usual, maintain existing staff, facilities and
for now will continue to use the Champion Broadband name and a-mail domain. She explained
that the CBC has provided all the necessary information to approve the transfer and
recommends the City Council adopt Resolution No. 6662 authorizing the Assignment and
Assumption Agreement.
It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on
' roll call vote to adopt Resolution No. 6662 authorizing the assignment of an Open Video System
Franchise Agreement by Champion Broadband California, LLC to CBC Broadband Holdings,
LLC and authorize the City Manager to execute the Assignment and Assumption Agreement.
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Recommended Action: Adopt
Recommended Action: Adopt
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AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
b. Federal legislative advocacy priorities for 2009.
Recommended Action: Approve
City Manager Don Penman reported that the Ferguson Group has represented the City for more
than a decade with regard to federal legislative matters and revenue opportunities in
Washington, D.C. He further reported that each year staff brings forward to the City Council,
for consideration, a list of priorities to be focused on in the next legislative session. He
summarized the areas staff recommends that the City Council set for federal lobbying priorities
for 2009. He noted that the Ferguson Group has been successful in obtaining federal funding
for local projects that benefited the residents of Arcadia. He discussed a list of projects the
Ferguson Group has been successful in obtaining millions of dollars from the federal
government to assist with projects the City would otherwise have difficulty in completing. Mr.
Penman advised that staff is recommending the City focus on water infrastructure
improvements and transportation projects and additional consideration would be to again
pursue funding to assist with the construction of a Joint Fire Suppression/Emergency
Preparedness Training Facility. He provided a brief summary of the water projects, Santa Anita
Gold Line Overpass, improvements in circulation for all modes of travel around the Gold Line
Station, a citywide pedestrian and bicycle connection improvement project, and the Joint Fire
Suppression/Emergency Preparedness Training Facility. He provided information regarding the
federal economic stimulus package that Congress may pass next year.
It was moved by Council Member Chandler seconded by Council Member Kovacic and carried
on roll call vote to authorize staff to direct The Ferguson Group to work on behalf of the City of
Arcadia to seek funding for the projects noted in the staff report and to authorize staff to submit
any documents or application forms for federal funding that may be needed for each project.
AYES: Council Member Chandler, Kovacic, Amundson, Wuo and Harbicht
NOES: None
ABSENT: None
c. Adopt Resolutions regarding a General Tax Measure to be placed on the ballot at
a Special Municipal Election on April 21, 2009.
Adopt Resolution No 6664 declaring an emergency under Proposition 218 and
calling for the placement of a General Tax Measure to be placed on the ballot at
qualified voters of a proposed ordinance updating the telephone/
telecommunications provisions of the City's Utility Users Tax
Recommended Action: Adopt
Adopt Resolution No 6665 requesting the Board of Supervisor of the County of
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Elections Code.
Recommended Action: Adopt
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a Citv Measure and directing the Citv Attorney to prepare an impartial analysis.
Recommended Action: Adopt
Admit Resolution No. 6667 providing for the filing of rebuttal arguments for Citv
Measures submitted at Municipal Elections.
Recommended Action: Adopt
Mr. Penman reported on utility users tax as it relates to recent changes in federal regulations,
litigation and potential legislation California cities face regarding possible loss of revenue as it
relates to telecommunications. He further reported that in order to protect these revenues, an
update to the definitions in the City's UUT Ordinance is required and noted that Proposition 218
requirements require this to go before the voters. He advised that without the revenue from the
existing UUT, the City could be forced to make cuts in programs and services that would affect
the residents, such as police and fire protections, emergency response, parks and senior
service, tree trimming, street repair and library services.
William (Jim) Priest of Best Best & Krieger (City Attorney office) presented the four resolutions
required to place a measure on the special election ballot for April 21, 2009. He reported that
the resolutions propose to amend the City's existing Utility Users Tax Ordinance. He explained
that a utility users tax is a general tax and the funds go into the general fund and pay for the
City's general municipal expenses. He further explained that because this would be an
amendment to the general tax ordinance, it would require a majority voter approval of the
citizens. He noted that the updates relate to telecommunications and have not been amended
since 1993 and are outdated in the world of telecommunication technology; he provided some
examples of new technology that must be included in the City's existing ordinance. He further
noted that the new definitions would be technology-neutral and would reflect the modem use of
communications so that all taxpayers will be treated equally. He explained that the changes are
expected to be cost-neutral to current users of telecommunications as the proposed ordinance
does not change the tax rate of the existing UUT and he further explained that under
Proposition 218 to place this on a special election ballot, a unanimous vote of the City Council is
required. He noted that many surrounding cities have already taken this to the voters and
nearly all have passed.
Council Member Chandler suggested that Mayor Harbicht and Council Member Kovacic form a
committee and bring back suggested ballot language.
It was moved by Council Member Chandler seconded by Mayor Pro Tem Wuo carried on roll
call vote to table this item until the February 3, 2009 City Council meeting and bring back
additional information and ballot language.
AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht
NOES: None
ABSENT: None
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ADJOURNMENT
The City Council/Redevelopment Agency adjourned this meeting a
January 6, 2009, 6:00 p.m. in the City Council Chamber Conference
Huntington Drive, Arcadia.
t 8:35 p.m. to Tuesday,
Room located at 240 W.
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Robert C. Harbicht, Mayor
ATTEST:
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James H. Barrows, City Clerk
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