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HomeMy WebLinkAboutJuly 6, 2010STUDY SESSION CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JULY 6, 2010 1 52:0101 CALL TO ORDER - Mayor Amundson called the meeting to order at 5:30 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) CLOSED SESSION 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. a. Report, discussion and direction regarding options for financial participation by the Redevelopment Agency in the Campus Commons Senior Housing Project. Jason Kruckeberg, Assistant City Manager /Development Services Director introduced the building and financing team for the "Campus Commons" Senior Housing Project. Jerry Schwartz, Economic Development Manager provided a brief overview of the senior housing project as previously presented at the February 2 and March 2, 2010 Study Sessions; he discussed the funding gap of $6.9 million that the Agency would need to bridge using its low /mod housing funds to make the project financially feasible; that the Agency can only use 34% of its low /mod funds for senior housing; and noted that there rules which limit the amount that can be spent during a specific project period on senior housing. He further explained the developer's pro forma for the project and discussed numerous assumptions and variables; that the developer has revised its pro forma to show a gap of $6.4 million plus any carrying costs for a third party Agency loan; and that the revised pro forma reflects some modifications to construction costs as well as forecasts for tax credit rates. He provided an overview of the project funding, and filling and reducing the funding gap; he explained the development team's approach to hold $500,000 in a reserve account for the bridge loan costs and requested that the Agency approve the entire $6.9 million with the understanding the every effort will be made to maximize the sale of the tax credits and reduce construction costs so that the entire amount of Agency low /mod funds would not be needed; that staff and the developer have discussed other possible fees that can be deferred to reduce the possible loan that would be needed for the project. He noted that the project will include an Owner 07 -06 -10 Participation Agreement (OPA) which will be brought back for Agency approval at the meeting of July 20, 2010. A motion was made by Council /Agency Member Chandler, seconded by Council /Agency Member Harbicht and carried on roll call vote to authorize the expenditure of up to $6.9 million in Agency low /mod housing funds as a long term loan to the project to bridge the funding gap for the Campus Commons Senior Housing Project. AYES: Council /Agency Member Chandler, Harbicht and Segal NOES: Council /Agency Member Amundson and Kovacic ABSENT: None b. Report, discussion and direction regarding City Council Official Meeting budget. City Manager Don Penman announced that this item will be bill brought back to the July 20, 2010 City Council Study Session due to time constraints. c. Report, discussion and direction regarding 2010 Taxable Allocation Bond Pricing for Redevelopment. Jim Fabian of Fieldman, Rolapp & Associates explained that since the City Council approved the sale of the 2010 Tax Allocation Bonds on June 15 the market and interest rates have deteriorated so the sale was delayed; he commented on the current volatility in the bond market; and discussed the recent Tulare and Santa Cruz County tax allocation bond sales that struggled to get done and the reduction in bond proceeds due to the market. He noted the reasons for moving forward with the bond sale now and recommended that the sale of the bonds begin on July 13 and close July 29 assuming the market conditions are right and proceeds are somewhere in the $8.2 million range. He feels that the City has a very well represented and respected underwriter in Stone & Youngberg who do a lot of tax allocation bonds; that tax allocation bonds in California require someone who understands California real estate, redevelopment law, and feels that that Stone & Youngberg have a targeted audience of retail and institutional investors and feels they are the right firm. He explained that the Preliminary Official Statement (POS) has disclosure information in it regarding the 2009 -10 tax roll information including tax increment information and not moving forward with the bond sale on July 13 would require refreshing the current POS which could cost the City $25,000 to $30,000; He commended staff for delaying the sale of the bonds; and recommends moving forward with the sale of the bonds assuming the commissions are there and if the conditions are not delay the sale and come back with a refreshed Preliminary Official Statement. A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Member Chandler and carried on roll call vote to direct staff and the bond financing team to proceed with the sale of the bonds on July 13 on the condition that the Agency sees proceeds of at least $8.1 million derived from the sale and it was proposed that the financing close by July 29 or as soon thereafter. AYES: Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None 2 52:0102 07 -06 -10 THE CITY COUNCIL/REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:15 p.m. INVOCATION — Mayor Amundson PLEDGE OF ALLEGIANCE - Tony Trabbie, Fire 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 52:0103 City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in Closed Session to consider the one (1) item listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported that the City Council and Redevelopment Agency Board met in Study Session to hear reports from staff regarding Items a and c on the posted agenda; that item b was rescheduled to July 20 due to time constraints. Regarding item (a) he noted that options for financial participation by the Arcadia Redevelopment Agency in the "Campus Commons" Senior Housing Project was discussed; that by a vote of 3 -2 (Chairman Amundson and Agency Member Kovacic voted no), the Agency Board directed staff to proceed with completing an Owner Participation Agreement (OPA) to be brought back for consideration at the July 20 City Council /Agency meeting and that the OPA shall include a provision for up to a $6.9 million funding bridge loan by the Redevelopment Agency for purposes of the Senior Housing Project; in addition, Mr. Deitsch reported that regarding item (c) the Agency discussed the 2010 Taxable Allocation Bond issue pricing and by a unanimous vote (5 -0) the Redevelopment Agency directed staff and its bond financing team to proceed with the sale of bonds on July 13 on the condition that the Agency sees proceeds of at least $8.1 million derived from the sale and it was proposed that the financing close by July 29 or as soon thereafter. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS — Mr. Penman advised that a written communication from the Arcadia School District signed by the Superintendent was received regarding the "Campus Commons" Senior Housing Project public hearing item on the agenda. 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. PRESENTATIONS a. Presentations to outgoing Members and Administration of the Oath of Office to newly appointed Board and Commission Members. 3 07 -06 -10 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: 52:0104 a. Architectural Design Review No. ADR 09 -27 for a 1,146 square -foot second floor addition and remodeling of 2,377 square feet of the first floor of a 4,323 square - foot commercial and dental office building at 29 E. Huntington Drive. Recommended Action: Approve Jim Kasama, Community Development Administrator reported that the property owner submitted Architectural Design Review No. ADR 09 -29 for a 1,146 square foot second floor addition and remodel 2,377 square feet of the first floor of a 4,323 square foot commercial and dental office at 29 E. Huntington Drive; that on May 25, 2010, the Modification Committee approved applicant's parking modification for the proposed addition with the condition that the applicant obtain architectural design review approval by the Redevelopment Agency; he further reported that the front of the building was recently demolished to accommodate the remodel, but was stopped so the property owner could obtain approvals for a second story. Mr. Kasama explained the Architectural Design Review standards and design guidelines; he stated that the proposal could be further enhanced by incorporating colors and materials that are visibly compatible with the surrounding development; that fabric awnings could be installed along the glazed areas of the front elevation in lieu of the flat canopy and that brick should be used for the planter and brick wainscoting the same height as the planter should be applied along the base of the building. He concluded that if approved with the condition to install fabric awning and use brick for the planter and wainscoting, it would meet the criteria set forth in the City's Architectural Design Review Guidelines. Agency Chair Amundson opened the public hearing. April Seymour, owner of 33 E. Huntington Drive (next door to the project) appeared and expressed concerns that her building has become a public access to the parking lot for the last 2 years and would like to know when the project would be completed. Hanfu Lee, the applicant, appeared and discussed the parking lot situation and explained why it has taken so long to complete the project. A motion to close the public hearing was made by Agency Member Kovacic seconded by Agency Member Chandler and seeing no further objection, Agency Chair Amundson declared the public hearing closed. It was moved by Agency Member Chandler, seconded by Agency Member Harbicht and carried on roll call vote to approve Architectural Design Review No. ADR 09 -27 for a 1,146 square -foot second floor addition and remodeling of 2,377 square feet of the first floor of a 4,323 square -foot commercial and dental office building at 29 E. Huntington Drive. AYES: Agency Member Chandler, Harbicht and Segal NOES: Agency Member Kovacic and Amundson ABSENT: None 4 07 -06 -10 CITY COUNCIL ITEMS: 52:0105 b. General Plan Amendment Application No. GP 10 -01, Conditional Use Permit Application No. CUP 10 -03, Architectural Design Review No. ADR 10 -05 a 43 -unit affordable senior - citizen apartment project at 16 Campus Drive — the "Campus Commons" project. Recommended Action: Approve Adopt Resolution No. 6727 approving General Plan Amendment No. GP 10 -01 to modify the density bonus allowed for low and very low senior citizen housing in the commercial zones. Recommended Action: Adopt Adopt Resolution No. 6729 granting Conditional Use Permit Application No. CUP 10- 03 and Architectural Design Review Application No. ADR 10 -05 for a new 43 -unit Senior Citizen Housing Project located at 16 Campus Drive (The "Campus Commons" Project). Recommended Action: Adopt Jason Kruckeberg, Assistant City Manager /Development Services Director provided a brief overview of the project and location, design and landscaping, amenities and density; he noted that the proposed project is an appropriate use at the site; that there is a need for senior and affordable housing in the community and staff feels that the proposed project will address those needs. He noted that the location is advantageous for seniors because of its close proximity to many services as well as amenities. He noted that the project is proposed by Davila Properties, who put together the Heritage Park senior project and Ashwood Construction who will build, own and manage the project; that Campus Commons would target low and very low income seniors; and would have a 55 year affordability covenant as is required for affordable rental projects. Mr. Kruckeberg commented and discussed the prerequisite conditions of the Conditional Use Permit. Mr. Kruckeberg commented on the letter received by the Arcadia Unified School District dated July 6, 2010 regarding the proposed 43 unit Senior Citizen Housing Project at 16 Campus Drive. Steve Froberg of Ashwood Construction commented on the project; he feels that the proposed "Campus Commons" project is a good project for the City and is in close proximity to commercial services. Mayor Amundson opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Council Member Harbicht seconded by Council Member Kovacic and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to: Approve General Plan Amendment Application No. GP 10 -01, Conditional Use Permit Application No. CUP 10 -03, Architectural Design Review No. ADR 10 -05 a 43 -unit affordable senior - citizen apartment project at 16 Campus Drive — the "Campus Commons" project and Architectural Design Review; and, 5 07 -06 -10 Adopt Resolution No. 6727 approving General Plan Amendment No. GP 10 -01 to modify the density bonus allowed for low and very low senior citizen housing in the commercial zones; and Adopt Resolution No. 6729 granting Conditional Use Permit Application No. CUP 10 -03 and Architectural Design Review Application No. ADR 10 -05 for a new 43 -unit Senior Citizen Housing Project located at 16 Campus Drive (The "Campus Commons" Project). AYES: Council Member Harbicht, Chandler, Kovacic and Segal NOES: Council Member Amundson ABSENT: None It was moved by Council Member Kovacic seconded by Council Member Segal and carried on roll call vote to add a Condition 21 to Resolution No. 6729 to include a complaint process in a form and process satisfactory to City staff. AYES: Council Member Kovacic, Segal and Amundson NOES: Council Member Chandler and Harbicht ABSENT: None PUBLIC COMMENTS 52:0106 Beth Costanza, Arcadia Chamber of Commerce appeared and discussed the letter sent to the City expressing their concerns regarding the adoption of the personal service business uses ordinance; she noted that at the Government Affairs meeting, they took a position to oppose a personal service business conditional use permit; and expressed concern that small businesses would being affected by the adoption of the ordinance. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Segal congratulated all out -going commissioners and thanked them for their service to the City; and congratulated and thanked all in- coming commissioners. He announced that he attended the Arcadia Chinese Association Installation Dinner and congratulated all the new officers; he congratulated everyone who participated in the Relay for Life event at the Race Track last week; and noted that the goal for the American Cancer Society is to have a cure for cancer by the year 2015. Council Member Chandler also congratulated the out -going commissions and thanked them for their service to the community; he also congratulated and thanked all incoming commissioners; he also announced that he attended the Arcadia Chinese Association Installation Dinner and congratulated all the new officers. Council Member Harbicht recognized the $1,000 donation from the Arcadia Chinese Association for programs and materials for the Library that is on the agenda; he discussed a memorandum that he provided to the City Manager which was forwarded to the City Council regarding City Council term limits and requested City Council support to agendize this item for discussion at a future City Council meeting. For purposes of placing this item on a future agenda for discussion, Council Members Segal and Chandler agreed. In response to an inquiry by Council Member Harbicht regarding the legality of a sheet of plywood nailed to the front door of a residence, Mr. Kruckeberg responded that staff will follow -up. 6 07 -06 -10 Mayor Pro Tem Kovacic congratulated the in- coming and out -going Arcadia Chinese Association Board Members; he noted that the Arcadia Chinese Association are a great example of volunteerism; he also congratulated and thanked all in- coming and out -going commissioners; and thanked the City of Sierra Madre for the invitation to their 4 of July event which he attended. City Clerk Barrows announced that the summer concerts begin on Thursday, July 8th. Mayor Amundson acknowledged the letter received by the Chamber of Commerce regarding the personal business use ordinance; he announced the summer concerts and the Shop Arcadia Cards recently mailed to all Arcadia residents; he noted the "Keeping Seniors Safe" crime prevention workshop being put on by the Arcadia Police Department; and commented on a new well being installed on El Monte Avenue which should be completed sometime in October. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of June 1 and June 15, 2010. Recommended Action: Approve 52:0107 b. Adopt Resolution No. ARA -236 authorizing investment of Arcadia Redevelopment Agency Bond proceeds in the Local Agency Investment Fund. Recommended Action: Adopt CITY COUNCIL ITEMS: c. Approve the Meeting Minutes of June 1 and June 15, 2010. Recommended Action: Approve d. Adopt 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. Recommended Action: Adopt e. Reject the bids for Electrical Repairs and Preventative Maintenance at various City facilities and direct staff to re -bid the contract. Recommended Action: Approve f. Authorize the City Manager to execute a contract with E &R Construction, Inc. for the 2009 -10 Water Main Replacement Project in the amount of $271,356. Recommended Action: Approve g. Award a one (1) year purchase order contract extension to 10 -8 Retrofit, Inc. for the installation of emergency related equipment and accessories for City vehicles in the amount of $35,000. Recommended Action: Approve h. Award a one (1) year purchase order contract extension to H.D. Waterworks for the purchase of Data Loq Radio Read Water Meters for the Citv's Water Distribution System in the amount of $250,000. Recommended Action: Approve 7 07 -06 -10 i. Authorize the City Manager to execute a Professional Services Agreement with Wilidan for Geotechnical Engineering Services in the amount of $12,150 and authorize a contingency of $3,000 for any additional unforeseen services. Recommended Action: Approve j. Authorize the City Manager to execute a one (1) year contract with Life Assist in the amount not to exceed $55,000 for the replacement of paramedic field supplies utilized during emergency medical treatment for Fiscal Year 2010 -2011. Recommended Action: Approve k. Authorize staff to continue utilizing personnel legal services under current Letter Agreements with Liebert Cassidy Whitmore and Best Best and Krieger LLP for Fiscal Year 2010 -2011. Recommended Action: Approve I. Accept all work performed by S. J. Grigolla Construction Co. as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve m. Accept a gift in the amount of $1,000 from the Arcadia Chinese Association for programs and materials for the Library. Recommended Action: Approve Council Member Harbicht requested that City Council Consent item 2.d be pulled for separate discussion. It was moved by Council /Agency Member Kovacic seconded by Council /Agency Member Harbicht and carried on roll call vote to approve Consent Calendar items 2.a, b, c and e through m (with corrections to item 2.a and c). AYES: Council/Agency Member Kovacic, Harbicht, Chandler, Segal and Amundson NOES: None ABSENT: None Council Member Harbicht commented on the substitute motion he made at the last Council meeting on the introduction of Ordinance No. 2275 regarding regulations for personal service business uses and the requirements for Conditional Use Permits for such uses; he feels that requiring a conditional use permit is too much, its too expensive and the process is slow; he feels there is a better solution than requiring every personal service business to go through the conditional use process and feels that the government is making it difficult to do business in Arcadia. He would like to see the matter sent back to staff for a recommendation of an alternative approach. He announced that he will be voting no and hopes that two other Council Members will join him in order to find a better solution. It was moved by Council /Agency Member Chandler seconded by Council /Agency Member Kovacic and carried on roll call vote to approve Consent Calendar item 2.d. AYES: Council /Agency Member Chandler, Kovacic, Segal and Amundson NOES: Council /Agency Member Harbicht ABSENT: None 8 52:0108 07 -06 -10 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: 52:0109 a. Introduce Ordinance No. 2276 amending uncodified Ordinance No. 2206 to establish franchise fees, public access support fees and customer service penalties for State franchise holders providing video service within the City of Arcadia. Recommended Action: Introduce Linda Garcia, Communications, Marketing and Special Projects Manager reported on a franchise and public education fee for cable television operators as authorized by the Digital Infrastructure and Video Competition Act of 2006 (DIVCA); she explained that DIVCA allows video service providers to obtain a State issued franchise to provide video services in local communities which must be established by ordinance in order to be enforceable on State video franchise holders; she noted that the City already collects a 5% franchise fee from cable television operators for cable television service and if the ordinance is adopted it will provide the legal instrument to continue to collect the fee and be compliant with DIVCA and will institute a 1% "public access support fee" to be remitted to the City for the purpose of capital expenses related to the operation of the government access channel. She did note that that the fee cannot be used for supplies or staffing costs. It was moved by Council Member Segal seconded by Council Member Chandler and carried on roll call vote to introduce Ordinance No. 2276 amending uncodified Ordinance No. 2206 to establish franchise fees, public access support fees and customer service penalties for State franchise holders providing video service within the City of Arcadia. AYES: Council Member Segal, Chandler, Harbicht, Kovacic, and Amundson NOES: None ABSENT: None b. Introduction of Arcadia CrimeMapping available on the Police Department Updated Public Information Web Page. Recommended Action: Receive and file Lieutenant Bob Anderson reported that the Arcadia Police Department has made CrimeMapping available to the public; he explained that through the police department's website, a snapshot of police activity plotted over a google map allows the public to view activity specific to their neighborhood; that the software draws data directly from the police department's records management system and provides accurate real -time information for interested citizens. He noted that the cost of the service is $1,200 annually of which the service provider, Omega Group, has waived for the first year. He added that many police agencies in the southland, and across the country, are using CrimeMapping or similar software to keep their communities informed; that the police department's goal is to reduce crime through a better informed citizenry. Lt. Anderson advised that because the service provider has agreed to provide the service at no cost to the City for the first year there is no fiscal impact; however, appropriate funds for service will be budgeted in fiscal year 2011 -12 for software contract services. c. Report, discussion and direction regarding Fiscal Year 2010 -2011 Slurry Seal Program. Recommended Action: Provide direction 9 p'7 -fib_I0 Mr. Penman reported that due to budget constraints a slurry seal program has not been budgeted for the past two years; he discussed the City Council's authorization to transfer Gas Tax money to the General Fund in anticipation of balancing the 2010 -11 budget; however, due to some improved economics the transfer of Gas Tax money was not needed and a request to reinstate the slurry seal program was approved by the City Council. Tom Tait, Public Works Services Director explained that when the funds for the slurry program became available the window of opportunity to accept slurry seal bids and get the project awarded by the City Council had passed; the options he discussed were that a small project can be accomplished by slurry sealing just those streets around Holly Avenue and Baldwin Stocker Schools prior to school starting on August 25 that the project can be bid out with the condition that the contractor slurry seal those streets on the weekend or wait and commence the project in July and August of 2011. He further explained the process and maintenance of slurry sealing the streets and indicated that to break out the project into a small project would cost the City about $5,000 more. It was moved by Council member Chandler seconded by Council Member Segal and carried on roll cal vote to slurry seal those streets around Holly Avenue and Baldwin Stocker school and forego the formal bidding process. AYES: Council Member Chandler, Segal, Harbicht, Kovacic, and Amundson NOES: None ABSENT: None ADJOURNMENT The City Council /Redevelopment Agency adjourned at 9:50 p.m. to Tuesday, July 20, 2010, 6:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. ATTEST: James H. Barrows, City Clerk 10 Peter Amundson, Mayor 52:0110 07 -06 -10