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HomeMy WebLinkAboutJune 15, 2010STUDY SESSION CALL TO ORDER - Mayor Amundson called the meeting to order at 4:30 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) PLANNING COMMISSION CANDIDATE INTERVIEWS The City Council conducted interviews of the following applicants for appointment to the Planning Commission: Sam Falzone, Tommy Thai, Esma Ali, Felix Chien, Sho Tay, Nadar Samaan and Ching Chiao. Council Member Chandler nominated Sam Falzone for appointment. Council Member Kovacic nominated Ching Chiao for appointment. Roll CaII: CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JUNE 15, 2010 Mayor Amundson — Sam Falzone Mayor Pro Tem Kovacic — Ching Chiao Council Member Chandler — Sam Falzone Council Member Harbicht — Ching Chiao Council Member Segal - Ching Chiao Seeing no other nominations, Ching Chiao was appointed to the Planning Commission for four (4) year term ending June 30, 2014. Council Member Harbicht nominated Richard Beranek and Anthony Parrille for reappointment to the Planning Commission. Seeing no other nominations, Richard Beranek and Anthony Parrille were reappointed to the Planning Commission for four (4) year terms ending June 30, 2014. a. Report, discussion and direction regarding the City's Financial Audit, Auditor's Communication with the City Council per Statement on Auditing Standard No. 114. Mr. Caporicci, Principal of Caporicci & Larson, Inc. presented the City's Financial Audit; he discussed and commented on the objectives of the audit, management responsibilities for the financial statements and governance responsibilities; and Caporicci & Larson's responsibilities for the financial statements. 1 52:0086 06 -15 -10 CLOSED SESSION 52:0087 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 Civilian 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: 19 Lucille Street Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg and the Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency and Chun -Cheih Chen and Mei -Ton Chen Under Negotiation: Price and term of payment THE CITY COUNCIUREDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Julie Bryant, Arcadia Episcopal Church of the Transfiguration PLEDGE OF ALLEGIANCE - Robert Sanderson, Arcadia Police Chief 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 ITEM City Attorney Steve Deitsch reported that the City Council /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 - 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 Chandler, seconded by Council /Agency Member Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 2 06 -15 -10 PRESENTATIONS a. Presentation of 2010 Arcadia Beautiful Awards. Mayor Amundson, Janalee Shimmin and Ann Kidd of the Arcadia Beautiful Commission were present to make presentations to those in attendance. The award recipients were as follows: 233 E. Huntington Drive — The Derby 300 Hacienda Drive — The Lihani Family 431 Monte Vista Road — Mark & Sophia Lopreiato Family 516 Catalpa — The Bottala Family 857 Volante Drive — The Sommers Family 921 -933 W. Huntington Drive — Karyn Jackson 1120 Encanto Drive — The Clarke Family 1120 Singing Wood Drive 1145 Fallen Leaf Road 1201 Greenfield Avenue 1489 Caballero Road 1601 S. Baldwin Avenue — Arcadia Health Care Center 1610 Rodeo Road b. Presentation of Certificate to Dorothy Cunningham for her many years of service to the Community. c. Metro Gold Line Presentation to the City Council by Habib Balian. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Resolution No. ARA -233 adopting a budget for Fiscal Year 2010 -2011 and appropriating the amounts specified therein as expenditures from the funds indicated. Recommended Action: Adopt CITY COUNCIL ITEMS: 52:0088 b. Consideration of adoption of the following Resolutions related to the 2010 -2011 Fiscal Year Budget: Adopt Resolution No. 6725 adopting a Budget for Fiscal Year 2010 -2011 and appropriating the amounts specified therein as expenditures from the funds indicated. Recommended Action: Adopt Adopt Resolution No. 6726 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2010 -2011 through 2014 -2015. Recommended Action: Adopt Don Penman, City Manager provided a brief summary of the City and Redevelopment Agency Fiscal Year 2010 -11 budgets. He reported that the Preliminary Budget submitted to the City 3 06 -15 -10 52:0089 Council on May 17 was out of balance by $1,069,725 which represented 2.3% of the total operating budget; he discussed and commented on the list of ideas that were generated by the City Council and staff that could be implemented for "one year" only that would balance the budget; he noted that each department prepared, similar to the previous year, a "reverse priority" list of cuts totaling 2.3% of their operating budget; and that those cuts totaled $1,242,615. He discussed using interest earnings from some of the unrestricted funds (Capital and Equipment), generating interest income through a loan to the Redevelopment Agency, using over funded reserves in the Life Insurance Fund and lowering reserves in the Liability and Workers Compensation Fund, as well as implementing the "960" plan which is the rehiring of retirees that would balance the budget. Mr. Penman reported that the City received its sales tax report for the first quarter of 2010 and noted that revenue was up 1 %; and he also discussed a $3.5 million loan from the City to the Agency for a one year period. Mr. Penman further noted that most of the positions frozen last year will remain unfilled; and discussed savings from implementing a "960" Plan for certain police and fire personnel positions for six months. Hue Quach, Administrative Services Director provided and summaries of the City and the Redevelopment Agency Fiscal Year 2010 -11 budgets major category funds. Mayor /Agency Chair Amundson opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Agency /Council Member Chandler seconded by Agency /Council Member Segal and seeing no further objection, Council /Agency Chair Amundson declared the public hearing closed. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Chandler and carried on roll call vote to adopt: Resolution No. ARA -233 adopting a budget for Fiscal Year 2010 -2011 and appropriating the amounts specified therein as expenditures from the funds indicated and authorized the Executive Director to execute a promissory note accepting a loan of $3.5 million dollars from the City of Arcadia, including an interest rate of 8 °4 compounded annually, payable to the City of Arcadia on demand; and Resolution No. 6725 adopting a Budget for Fiscal Year 2010 -2011 and appropriating the amounts specified therein as expenditures from the funds indicated and approve a loan of $3.5 million dollars to the Arcadia Redevelopment Agency including an interest rate of 8% compounded annually due and payable to the City of Arcadia upon demand by the City; and Resolution No. 6726 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2010- 2011 through 2014 -2015. AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None Mr. Penman discussed the City Council's previous authorization to transfer $350,000 of Gas Tax money to the General Fund in anticipation of balancing the fiscal year 2010 -2011 budget; he reported that based on preliminary numbers, the Gas Tax money will not be needed and requested 4 06 -15 -10 52:0090 the City Council approve the transfer of those funds back to the Gas Tax fund and reinstate the slurry seal project. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal and carried on roll call vote to transfer the $350,000 Gas Tax money previously transferred to the General Fund in fiscal year 2009 -10 to the Capital Improvement Fund and reinstate the slurry seal program for next fiscal year. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic, and Amundson NOES: None ABSENT: None c. Consideration of approval of Text Amendment No. TA 10 -11 relating to the regulations for Personal Service Business Uses and the requirements for Conditional Use Permits for such uses. Introduce Ordinance No. 2275 amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to define and address regulations for personal service business uses and the requirements for Conditional Use Permits for such uses and amending Article VI (Business, Professions, Trades and Occupations) of the Arcadia Municipal Code to revise the definition of personal service business. Recommended Action: Introduce Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the proposed Ordinance amends the City's Zoning Ordinance to define "Personal Service Business Uses ", and establishes regulations and requirements for Conditional Use Permits for those uses; that the amendments proposed are in response to the illegal activity at these types of businesses, which include day spas, hair salons, nail salons, beauty parlors, health spas and in addition would like to include tattoo parlors and tanning salons. He noted that many personal service businesses have private rooms and /or enclosures; and that the private rooms are being used to conduct illegal activities such as prostitution. He noted that numerous discussions and study sessions were conducted regarding the problems encountered at businesses that provide personal services; and further noted that the City Council has had to act on appeals of business license revocations of several businesses because of criminal activity at these businesses. Mayor Amundson 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 Segal and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Kovacic to introduce Ordinance No. 2275 amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to define and address regulations for personal service business uses and the requirements for Conditional Use Permits for such uses and amending Article VI (Business, Professions, Trades and Occupations) of the Arcadia Municipal Code to revise the definition of personal service business. 5 06 -15 -10 A substitute motion was made by Council Member Harbicht, seconded by Council Member Segal to direct staff to prepare a separate ordinance that would include possible exemptions for individuals who meet certain criteria such as barber shops where there are no private rooms and there is complete transparency in the front windows. AYES: Council Member Harbicht NOES: Council Member Chandler, Kovacic, Segal and Amundson ABSENT: None The vote on the original motion to introduce Ordinance No. 2275 was as follows: AYES: Council Member Chandler, Kovacic, Harbicht, Segal and Amundson NOES: None ABSENT: None PUBLIC COMMENTS - None REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Mayor Pro Tem Kovacic commented on the passing of UCLA Coach John Wooden. 52:0091 Council Member Harbicht acknowledged a $40,000 gift from the Friends of the Library which is on the consent calendar; he commented on an article in Western Cities Magazine regarding all mail ballot elections and requested that a report regarding the potential cost savings and the process of an all mail ballot election be brought back to a future meeting. It was the consensus of the City Council that a report be prepared regarding the potential cost savings including the process of an all mail ballot election for City Council consideration. Council Member Chandler commented on the Arcadia /Monrovia /Duarte Chamber Golf Tournament at Sierra LaVerne. Council Member Segal commented and congratulated Dorothy Cunningham on her retirement. City Clerk Barrows announced that Baldwin Stocker Elementary School was given the 2010 California Distinguished School Award; and he congratulated the 800 plus students that graduated from Arcadia High School and thanked everyone including the parents who participated in putting the all night party together. Mayor Amundson announced the Gold Line Ground Breaking on Saturday, June 26 at Newcastle Park; and noted that the Arcadia Chamber of Commerce has scheduled a June 22 meeting to create a Downtown Business Association; he commented on the recent earthquake and encouraged everyone to be prepared in the event of a disaster; he announced the Great California Shake Out is on October 21 and a crime prevention workshop geared toward seniors at the Senior Center by the Arcadia Police Department on July 8 and commented on the loss of UCLA Coach John Wooden and recited a few of his quotes. City Manager Don Penman announced the Relay for Life event on June 26 at Santa Anita Park and noted that the City has 3 teams made up of employees from the Police and Fire Departments and the Public Works Department; and encouraged everyone to participate or make a donation. 6 06 -15 -10 2. CITY CLERK'S REPORTS a. Annual Board and Commission Appointments. Recommended Action: Make Appointments City Clerk James Barrows provided a brief report on the board and commission appointments. Mr. Penman reported that an applicant who applied last year for a Human Resources Commission or Library Board appointment thought his application was still valid and therefore did not reapply; he discussed the open vacancy on the Human Resources Commission and noted that if the City Council would like to consider postponing an appointment to the Human Resources Commission until July 6th in order to consider the application. Council Member Segal noted that because the application does not have a time period on it, the applicant assumed his application was still valid and feels that it is appropriate to consider it. In response to a question by Council Member Kovacic, Mr. Penman responded that the applicant was Paul Cheng. Nominations by the City Council were made to appoint/reappoint members to the Historical Museum Commission, Human Resources Commission, Library Board of Trustees, Planning Commission, Recreation and Parks Commission and Senior Citizens' Commission. Nominations and Appointments: 52:0092 Historical Museum Commission (4 positions open: 2 recommended by the City Council and 2 recommended by the Arcadia Historical Society) Council Member Harbicht nominated Ruth Dunlop and Lee Segal for appointment to the Historical Museum Commission, as recommended by the Historical Museum Commission. Seeing no other nominations, Ruth Dunlop and Lee Segal were appointed to the Historical Museum Commission for four (4) year terms ending June 30, 2014. Council Member Segal abstained to the appointment of Lee Segal. Council Member Chandler nominated Ruth Gilb for appointment to the Historical Museum Commission. Council Member Segal nominated Victor Wu for appointment to the Historical Museum Commission. Seeing no other nominations, Ruth Gilb and Victor Wu were appointed to the Historical Museum Commission for four (4) year terms ending June 30, 2014. Human Resources Commission (1 position open): Council Member Harbicht nominated Patty Wong -Dion for appointment to the Human Resources Commission. Council Member Kovacic nominated Paul Cheng for appointment to the Human Resources Commission. 7 06 -15 -10 Roll Call: Mayor Amundson — Patty Wong -Dion Mayor Pro Tem Kovacic — Paul Cheng Council Member Chandler — Patty Wong -Dion Council Member Harbicht — Patty Wong -Dion Council Member Segal - Paul Cheng Seeing no other nominations, Patty Wong -Dion was appointed to the Human Resources Commission for a four (4) year term ending June 30, 2014. Library Board of Trustees (2 position open): 52:0093 Council Member Kovacic nominated Dorothy Denne and Anne Joseph for reappointment to the Library Board of Trustees. Seeing no other nominations, Dorothy Denne and Anne Joseph were reappointed to the Library Board of Trustees for four (4) year terms ending June 30, 2014. Planning Commission (3 positions open) Mayor Amundson announced that the City Council held Planning Commission interviews prior to the City Council meeting and reappointed Richard Beranek and Anthony Parrille and appointed Ching Chiao to the Planning Commission for four (4) year terms ending June 30, 2014. Recreation and Parks Commission (1 position open) Council Member Harbicht nominated John Curtis for reappointment to the Recreation and Parks Commission. Seeing no other nominations, John Curtis was reappointed to the Recreation and Parks Commission for a four (4) year term ending June 30, 2014. Senior Citizens' Commission (2 At Large City Council Appointment and 2 Service Club Appointment positions open): Council Member Harbicht nominated Ann larossi - Armenio for reappointment to the Senior Citizens' Commission (Service Club position) as recommended by the Golden Age Club. Seeing no other nominations, Ann larossi - Armenio was reappointed to the Senior Citizens' Commission (Service Club position) for a two (2) year term ending June 30, 2012. Council Member Harbicht nominated Carol Curtis for appointment to the Senior Citizens' Commission (Service Club position) as recommended by the Assistance League. Seeing no other nominations, Carol Curtis was appointed to the Senior Citizens' Commission (Service Club appointment) for a two (2) year term ending June 30, 2012. Council Member Harbicht nominated Gene Glasco for reappointment to the Senior Citizens' Commission appointment At -Large position (City Council appointment). Council Member Segal nominated Tammy Woloski for appointment to the Senior Citizens' Commission At -Large position (City Council appointment). 8 06 -15 -10 Council Member Chandler nominated Monty Lindsey for appointment to the Senior Citizens' Commission At -Large position (City Council appointment). Roll Call: Mayor Amundson — Gene Glasco and Monty Lindsey Mayor Pro Tem Kovacic — Gene Glasco and Monty Lindsey Council Member Chandler — Gene Glasco and Monty Lindsey Council Member Harbicht — Gene Glasco and Monty Lindsey Council Member Segal - Gene Glasco and Tammy Woloski Seeing no other nominations, Gene Glasco was reappointed and Monty Lindsey was appointed to the Senior Citizens' Commission (City Council) At -Large positions for two (2) year terms ending June 30, 2012. 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the meeting minutes of May 17and May 18, 2010. Recommended Action: Approve 52:0094 b. Adopt Resolution No. ARA -234 authorizing the use of Redevelopment Funds for Public Improvements. Recommended Action: Adopt c. Adopt the City of Arcadia Statement of Investment Policy for Fiscal Year 2010 -2011. Recommended Action: Adopt CITY COUNCIL ITEMS: d. Approve the meeting minutes of May 17and May 18, 2010. Recommended Action: Approve e. Adopt the City of Arcadia Statement of Investment Policy for Fiscal Year 2010 -2011. Recommended Action: Adopt f. Adopt Resolution No. 6723 making findings pursuant to Health and Safety Code Section 33445, and authorizing the use of Redevelopment Agency Funds for Public Improvements. Recommended Action: Adopt g. Adopt Resolution No. 6728 establishing an Appropriation Limit for Fiscal Year 2010- 2011. Recommended Action: Adopt h. Adopt Ordinance No. 2271 adding Section 1090 to Chapter 9 of Article 1 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 iudicial review. Recommended Action: Adopt 9 06 -15 -10 J. 52:0095 Authorize the City Manager to execute a one (1) year contract extension with Great Cleaning Service, Inc. for Janitorial and Porter Services for City Facilities in the amount of $229,173. Recommended Action: Approve Accept a gift in the amount of $40,000 from the Friends of the Arcadia Public Library for programs and materials for the Library. Recommended Action: Approve k. Direct the City Manager to review the City's Conflict of Interest Code pursuant to the Political Reform Act of 1974. Recommended Action: Approve Approve the revised classification specifications for Police Cadet (part-time) and Library Technician I /II. Recommended Action: Approve m. Accept all work performed by CJ Construction, Inc. for the 2009/10 Annual Asphalt and Concrete Program as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve n. Award a one (1) year purchase order contract extension to Waterline Technologies, Inc. for the purchase of Sodium Hypochlorite to disinfect the City's domestic water supply in the amount of $45,000. Recommended Action: Approve o. Authorize the City Manager to execute an Agreement of Purchase and Sale of Property with KARE Youth League. Recommended Action: Approve p. Q. Waive the formal bid process and approve Aardvark Tactical and Adamson Police Products as ballistic vest and police field tactical equipment vendors for the Police Department. Recommended Action: Approve Waive the formal bid process and approve Tom's Uniforms, West End Uniforms and Galls -Long Beach Uniform as uniform vendors for the Police Department. Recommended Action: Approve r. Authorize the City Manager to execute a Professional Services Agreement with All City Management Services for crossing guard services in the amount of $151,868. Recommended Action: Approve s. Authorize the City Manager to execute a Professional Services Agreement with Executive Information Services (EIS) for PS.NET Public Safety Software System Support Services in the amount of $21,800. Recommended Action: Approve 52:0096 t. Authorize the City Manager to execute a Professional Services Agreement with Inter - Con Security Systems, Inc. for parking enforcement services from July 1, 2010 to June 30, 2011 for an amount not to exceed $215,000. Recommended Action: Approve u. Authorize the retention of Studio Spectrum, Inc. in an amount not to exceed $27,000 to film, program and provide ancillary services related to the live and taped broadcast of City Council meetings during Fiscal Year 2010 -2011. Recommended Action: Approve v. Authorize the City Manager to execute a Professional Services Agreement with VCA Code Group and Scott Fazekas and Associates, Inc. for professional building plan review and related services for the Development Services Department. Recommended Action: Approve w. Authorize the City Manager to execute a three -year contract with "Just Brewed" to operate a coffee cart concession on the premises of the Arcadia Public Library. Recommended Action: Approve x. Award a purchase order contract to Baker & Taylor for the purchase of Books, DVDs and music products for the Arcadia Public Library in the amount of $135,000. Recommended Action: Approve 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 3.a through 3.x. AYES: Council /Agency Member Chandler, Kovacic, Harbicht, Segal and Amundson NOES: None ABSENT: None 4. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Authorize the City Manager to execute an Agreement for services with the Arcadia Chamber of Commerce in the amount of $62,000 for Fiscal Year 2010 -2011. Recommended Action: Approve Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the Chamber of Commerce assists the City's economic development and marketing function by providing certain services such as reference and referral information about the City, preparing the monthly Community Calendar /Newsletter and annual Arcadia Business Directory, organizing and operating an annual Business Expo, organizing the annual Taste of Arcadia event, seminars and training sessions for merchants and business members and promoting the new "Shop Arcadia" campaign. He noted that that the Chamber requested a continuation of the contributions provided by the City and Agency ($62,000) for services to be provided by the Chamber for fiscal year 2010- 11. It was moved by Council Member Chandler seconded by Council Member Harbicht and carried on roll call vote to authorize the City Manager to execute an Agreement for services with the Arcadia Chamber of Commerce in the amount of $62,000 for Fiscal Year 2010 -2011. 11 06 -15 -10 AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None AYES: Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None 52:0097 b. Adopt Resolution No. ARA -235 authorizing the issuance of not to exceed $19,000,000 principal amount of subordinate tax allocation bonds on certain terms and conditions, approving a Continuing Disclosure Agreement, approving the form and distribution of a Preliminary Official Statement and financing documents, authorizing certain other official actions and providing for other matters relating thereto. Recommended Action: Adopt Adopt Resolution No. 6724 approving the issuance by the Arcadia Redevelopment Agency of its Central Redevelopment Project Subordinate Tax Allocation Bonds, Series 2010 (taxable) and making certain determinations relating thereto. Recommended Action: Adopt Jerry Schwartz, Economic Development Manager reported that at the March 16th Study Session, the Agency Board directed staff to work with the financing team to prepare a tax allocation bond issue for the Redevelopment Agency; he further reported that staff and the financing team put together a bond issue which will allow the Agency to pay its housing obligation and have adequate funding available for its priority redevelopment activities; and that the next step is to approve the bond documents and financing agreements with the financing team. He discussed and explained the 2010 A Bond issue and use of proceeds, the bond purchase contract, indenture of trust, the continuing disclosure Agreement and the steps to complete the Agency bond issue; he further explained the bond documents that must be approved by the City Council and the Agency before the bond issue can close and the Agency can receive its proceeds. He noted that the Agency will receive approximately $9 million in proceeds from the 2010 tax allocation bond issue and will use $4,045,715 to pay back the low /mod housing fund and the remainder to pursue priority redevelopment projects and activities; and the payment of the housing obligation will clear the existing HCD audit financing. It was moved by Agency Member Harbicht seconded by Agency Member Chandler and carried on roll call vote to adopt Resolution No. ARA -235 authorizing the issuance of not to exceed $19,000,000 principal amount of subordinate tax allocation bonds on certain terms and conditions, approving a Continuing Disclosure Agreement, approving the form and distribution of a Preliminary Official Statement and financing documents, authorizing certain other official actions and providing for other matters relating thereto. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6724 approving the issuance by the Arcadia Redevelopment Agency of its Central Redevelopment Project Subordinate Tax Allocation Bonds, Series 2010 (taxable) and making certain determinations relating thereto. AYES: Council Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None 12 06 -15 -10 ADJOURNMENT ATTEST: James H. Barrows, City Clerk 13 6?4 leter Amundson, Mayor 52:0098 Jason Kruckeberg, Assistant City Manager /Development Services Director reported that Magna Entertainment, the former owner of the Race Track, declared bankruptcy in March 2009; that the new owner is MI Development; that MID recently announced that they voided the contract with Caruso regarding the Shops at Santa Anita Project; that MID subsequently met with Caruso Affiliated to renegotiate a deal and as of today there has been no news regarding the meeting. Mr. Kruckeberg also noted that on May 14th, MID announced they had voided their contact with Oak Tree at Santa Anita; that representatives at Oak Tree thought they had a 5 year contract with MID; on May 20 the California Horse Racing Board approved an option for Oak Tree to move its date to either Hollywood Park or Del Mar; discussions for a renegotiated deal between Oak Tree and Santa Anita was to take place on June 4, but MID did attend; that the Breeders Cup was about to sign a 5 year deal with Oak Tree, but that event was given to Churchhill Downs. He reported that on June 22, MID and Mr. Stronach will appear before the California Horse Racing Board to unveil their new business plan for horseracing in California. Mayor Segal recommended that Don Penman and Jason Kruckeberg attend the California Horse Racing Board on June 22, 2010; and that an item be placed on the June 23 Special Meeting agenda to provide an update on Oak Tree Racing at Santa Anita. In response to an inquiry by Council Member Kovacic regarding MID's commitment to reimburse the City money that it would have earned from Oak Tree, Council Member Segal responded that an amount of $185,000 was quoted by MID and was taken as a commitment, by himself and Council Member Harbicht. Council Member Kovacic suggested that the City should try to get the commitment in writing. Council Member Harbicht agreed that an item should be placed on the June 23 Special Meeting agenda to get an update of the June 22 " Horse Racing Board meeting regarding Oak Tree Racing at Santa Anita Park; he also suggested that a future Study Session be scheduled regarding alternative uses of the race track property in the event the race track does not continue to be a race track. The City Council /Redevelopment Agency adjourned at 9:55 p.m. to Tuesday, July 6, 2010, 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. 06 -15 -10