HomeMy WebLinkAboutItem 1a & b: Minutes: December 7, 2010 52:0190
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, DECEMBER 7, 2010
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: Council /Agency Member Segal (Arrived at 5:45)
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) - None
CLOSED SESSION
a. Pursuant to Government Code Sections 54956.9(b)(1) and 54956.9(c) to confer with
legal counsel regarding anticipated litigation — one (1) case.
b. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel
regarding anticipated litigation — two (2) cases.
c. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel
regarding the case of Douglas Luis Hall v. City of Arcadia, et al. (Los Angeles
Superior Court Case No. GC045121)
d. Pursuant to Government Code Section 54956.8 conference with real property
negotiators:
Property: 35 West Huntington Drive, 21 Morlan Place, 101 -111 North Santa Anita
Avenue and 121 -159 North Santa Anita Avenue
Agency Negotiators: Agency Executive Director Don Penman, Deputy Executive
Director Jason Kruckeberg, Administrative Services Director Hue Quach and
Economic Development Manager Jerry Schwartz
Negotiating Parties: Arcadia Redevelopment Agency and Rusnak/Arcadia (Paul
Rusnak)
Under Negotiation: Price and Terms of Payment
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
STUDY SESSION ITEM
a. Report, discussion and direction regarding the purchase and installation of signs in
residential neighborhoods advising the public not to feed wildlife.
City Manager Don Penman reported that the City Council previously requested staff to bring
information back regarding the posting of signs in neighborhoods advising the public not to feed the
wildlife; and that a brief staff report with examples of signs has been provided for discussion.
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Mr. Deitsch announced that for purposes of this Study Session, only public comments relating to
the posting of signs in residential neighborhoods regarding the feeding of wildlife will be allowed;
and noted that at the regular open meeting of the City Council is where anyone is free to speak as a
member of the public on any item including issues of coyotes.
Bee Simpson appeared and thanked the City Council for putting this matter on the agenda; she
suggested that any ordinance should also include the feeding of wildlife on private property; and
discussed prohibiting the feeding of feral cats.
Joann Susnar appeared and commented that she is in favor of the posting of signs but is not in
favor of the inhumane trapping of the coyotes.
Bonnie Barron appeared and noted that she spoke with Steve McNall of the Pasadena Humane
Society and was told that if the City Council were to adopt an ordinance they (the Pasadena
Humane Society) would investigate and enforce the Municipal Code; and thinks the sign with the
picture of the coyote, peacock and bear would be appropriate.
Patricia Huff appeared and commented that the sign with the picture of the coyote is appropriate.
Ashley Hermann appeared and read a letter from Steve McNall of the Pasadena Humane Society
indicating that they support any ordinance the City Council may adopt prohibiting the feeding of
wildlife and strongly recommends the development of an effective exit strategy from the current
policy of trapping and euthanizing coyotes; she thanked the City Council for considering the posting
of signs; that she has seen signs around town regarding the feeding of peacocks but that a multi-
specie sign would be beneficial because Arcadia deals with a variety of wildlife; and advised that
the Pasadena Humane Society would enforce any ordinance adopted by the City Council.
In response to a question raised by Mr. Penman regarding the enforcement of feeding wildlife, Ms.
Hermann responded that no prosecution in Arcadia has ever occurred but that warnings are given
instead of a citation; and explained the process of enforcement.
Linda Garcia, Communications, Marketing and Special Projects Manager reported that on October
18, 2010, the City Council directed staff to bring a report back for City Council consideration
regarding the posting of "no feeding coyote" signs in residential areas most affected by coyotes;
that the posting of signs would be an additional way of reminding residents not to feed coyotes or
other wild animals; she presented four (4) sample sign designs for consideration; she reported that
the cost of $5,400 would include 20 full -color signs, graffiti resistant coating, hardware, tax and
delivery and added that an appropriation from the General Fund would be needed.
It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on
roll call vote not to purchase or post any signs prohibiting the feeding of wildlife.
AYES: Council /Agency Member Harbicht, Chandler, Segal and Amundson
NOES: Council /Agency Member Kovacic
ABSENT: None
The Closed Session /Study Session adjourned at 6:55 p.m.
THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION
Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m.
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INVOCATION — Reverend Larry Eckholm, Lutheran Church of the Cross
PLEDGE OF ALLEGIANCE — Tony Trabbie, Fire Chief
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson
ABSENT: None
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM
City Attorney Stephen Deitsch reported that the City Council and Redevelopment Agency Board
met in Closed Session to consider the four (4) items listed on the posted agenda under closed
session, no reportable action was taken.
In addition, Mr. Deitsch reported that the City Council /Redevelopment Agency Board met in a Study
Session to hear a report from staff regarding the purchase and installation of signs in residential
neighborhoods indicating that the feeding of wildlife is prohibited by law within the City of Arcadia;
that upon motion by Council Member Harbicht, seconded by Council Member Chandler, the City
Council voted 4 -1 (Mayor Pro Tem Kovacic voting no) not to post or install any signs prohibiting the
feeding of wildlife.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS — Mr. Penman reported that there was no supplemental
information.
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.
PRESENTATION
a. Presentation of Mayor's Certificate of Appreciation to Hazel Williams.
1. PUBLIC HEARING
a. An appeal of the Business Permit and License Review Board's decision to uphold the
revocation of the business license for Orchid Spa for noncompliance with the City of Arcadia
Massage Therapist and Business License regulations at 1004 North Santa Anita Avenue.
Recommended Action: Uphold the revocation and deny the appeal
Silva Vergel, Business License Officer reported that on September 17, 2010, at the request of the
Arcadia Police Department, the Business License Officer revoked the business license for Orchid
Spa located at 1004 North Santa Anita Avenue for non - compliance with the City of Arcadia
Massage Therapist Regulations; that the owner of Orchid Spa filed an appeal of the business
license revocation on September 23, 2010; that the Business Permit and License Review Board
upheld the revocation; and appealed to the City Council. She reported that since the appeal was
filed, it has been confirmed that Orchid Spa has vacated the premises at 1004 North Santa Anita
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Avenue and would not be attending the hearing; and that the City Council proceed with the hearing
and deny the appeal and uphold the revocation of the business license.
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 Harbicht, seconded by Council Member Chandler and carried on
roll call vote to deny the appeal and uphold the revocation of the business license for Orchid Spa for
noncompliance with the City of Arcadia Massage Therapist and Business License regulations at
1004 North Santa Anita Avenue; and that the owner Mark Vitaterna, his employees, agents,
partners, directors, officers, controlling stockholders and managers not be allowed to apply for a
new business license in the City of Arcadia for a period of one (1) year.
AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
b. Adopt Ordinance No. 2279 amending Article VIII of the Arcadia Municipal Code relating to
Building Regulations and adopting by reference the 2010 Editions of the California Building
Code, Volumes 1 and 2, including State of California amendments applicable to local
jurisdictions and further adopting by reference including amendments, the 2010 California
Residential Code, the 2010 California Plumbing Code, the 2010 California Electrical Code
and the 2010 California Mechanical Code and the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, as published by the International Code Council.
Recommended Action: Adopt
Don Stockham, Building Official reported that the 2010 California Building Standards Codes
(CBSC) were recently adopted by the State of California and will be effective on January 1, 2011 for
local enforcement; that in addition to the Codes which were adopted three years ago, this year the
State adopted two new Codes: the "Residential Code" which relates specifically to residential
construction, and the "Green Building Standards Code" which is intended to enhance the design
and construction of buildings through the use of building concepts that will have positive
environmental impacts or at least reduced negative impacts and encourage sustainable
construction practices; that Section 17958 of California Health and Safety Code requires the City to
make express findings that any current and proposed technical changes to the State codes by the
City are reasonably necessary because of local climatic, geological or topographical conditions; that
staff has reviewed each of the City's existing and proposed technical code amendments and
verified that they meet the intent of the State Health and Safety Code. Mr. Stockham additionally
summarized the more significant proposed administrative and technical amendments.
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 Harbicht and seeing no further objection, Mayor Amundson declared the public hearing
closed.
It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on
roll call vote to adopt Ordinance No. 2279 amending Article VIII of the Arcadia Municipal Code
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relating to Building Regulations and adopting by reference the 2010 Editions of the California
Building Code, Volumes 1 and 2, including State of California amendments applicable to local
jurisdictions and further adopting by reference including amendments, the 2010 California
Residential Code, the 2010 California Plumbing Code, the 2010 California Electrical Code and the
2010 California Mechanical Code and the Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, as published by the International Code Council.
AYES: Council /Agency Member Chandler, Kovacic, Harbicht, Segal and Amundson
NOES: None
ABSENT: None
c. Adopt Ordinance No. 2280 amending Article III of the Arcadia Municipal Code relating to fire
regulations and adopting by reference the 2010 Edition of the California Fire Code in its
entirety, including Chapter 1 and Appendices Chapter 4, B, C, D, E, F, G, I and J based on
the 2009 Edition of the International Fire Code published by the International Code Council.
Recommended Action: Adopt
Mark Krikorian, Fire Marshall reported that every three years, the State of California adopts new
model codes to establish uniform standards for the construction and maintenance of building,
plumbing, mechanical, electrical and fire /life safety systems; and that pursuant to the California
Health and Safety Code, local jurisdictions are mandated to adopt such state codes within 180 days
after publication of the code by the California Building Standards Commission. He further reported
that the Fire Department proposed to adopt the 2010 California Fire Code in its entirely, including a
number of amendments which are deemed necessary in order to maintain the current level of
protection throughout the City. Fire Marshall Krikorian presented a summary of proposed changes
including emergency responder radio coverage, detail design requirements for single - family and
multi - family fire sprinkler systems, fire sprinkler retrofit requirements for existing buildings, additional
interior audible devices within a building, design requirements related to the installation of
photovoltaic systems, prohibiting the sale, use or display of fireworks and an administrative addition
which would allow the establishment of fire permit fees by City Council resolution.
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 /Agency Member Segal, seconded by Council /Agency Member Harbicht
and carried on roll call vote to adopt Ordinance No. 2280 amending Article III of the Arcadia
Municipal Code relating to fire regulations and adopting by reference the 2010 Edition of the
California Fire Code in its entirety, including Chapter 1 and Appendices Chapter 4, B, C, D, E, F, G,
I and J based on the 2009 Edition of the International Fire Code published by the International Code
Council.
AYES: Council /Agency Member Segal, Harbicht, Chandler, Kovacic, and Amundson
NOES: None
ABSENT: None
Due to the late arrival of Ms. Williams, Mayor Amundson presented Hazel Williams with a Mayor's
Certificate of Commendation in appreciation for her outstanding service and dedication to helping
needy children all over the world.
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d. Adopt Resolution No. 6749 amending the Parking Bail Schedule for parking violations as a
result of Senate Bill 857 and establishing Adult Basketball League Fees.
Recommended Action: Adopt
Police Chief Sanderson reported that Resolution No. 6749 sets forth an updated bail scheduled as
mandated by Senate Bill 857 which imposes an added penalty of $3.00 for each civil parking
penalty collected by local agencies to fund the County trial court operations; and stated that the new
penalty becomes effective December 7, 2010 and sunsets July 1, 2013 unless subsequent
legislation or budget proposals extend or appeal the sunset date. Chief Sanderson further reported
that in 2008, Senate Bill 1407 required a $4.50 penalty be imposed per parking citation in order to
provide $5 billion to the State in lease- revenue bonds to finance the construction, rehabilitation,
renovation and replacement of court facilities; that the City is currently remitting $5.00 per parking
citation and with the additional $4.50 penalty the City remits a total of $9.50 on every parking
citation; then again in 2009, the City Council approved an increase from $40.00 to $50.00 on a
majority of infractions in order to offset the "pass through fine amount" going to the State and
County.
Sara Somogyi, Director of Recreation and Community Services reported that Resolution No. 6749
will also establish adult basketball league fees; that the City and the School District are preparing
for the opening of the Dana Gym in early 2011 and one of the programs planned to be offered at
the new facility is an adult basketball league; that the proposed Resolution will establish adult
basketball league fees in the amount of $475.00 which will include 10 league games, officials,
scorekeepers and championship awards; and noted that the plans to operate the Adult Basketball
League are included in the 2010/2011 budget and would not be an additional fiscal impact to the
City.
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.
City Attorney Deitsch recommended an amendment to the proposed Resolution by including the
words "per team" on page 2, section 2, following the "adult basketball league fees of $475.00 ".
It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on
roll call vote to adopt Resolution No. 6749 amending the Parking Bail Schedule for parking
violations as a result of Senate Bill 857 and establishing Adult Basketball League Fees.
AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
PUBLIC COMMENTS
With the consensus of the City Council, the Mayor announced a three minute time limit per person
for public comments.
Bonnie Barron appeared and provided the City Council with a report of the event at the Arboretum
on November 30 regarding coyotes; she reported that over 300 people attended; she noted the
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two wildlife experts in attendance; and discussed the topics discussed regarding coyotes and the
wildlife.
Bee Simpson, of South Pasadena appeared and announced that at the Study Session held prior to
the open meeting, the City Council voted to reject spending $5,400 for signs warning people that
feeding wildlife is prohibited in Arcadia; and expressed her disappointment in that vote. She noted
that coyotes are being caught and disposed of inhumanly; and again requested the City Council
placed this matter on a future agenda for discussion.
Joanne Susnar an Arcadia resident appeared and expressed her opposition on how the City is
inhumanly trapping and killing coyotes; she feels that education is very important; and commented
on the amount of money the City is paying to trap and kill coyotes and feels that the posting of signs
would have been Tess expensive.
Mary Jane Macy an Arcadia resident appeared and expressed her opposition on how the City is
inhumanly trapping and killing coyotes and appealed to the City Council to reconsider their decision;
and thanked Council Member Kovacic for being supportive regarding education.
Laura Ashmore a Monrovia resident appeared and commented on the fear individuals have that
coyotes are going to start killing their children; she noted that this is an irrational fear that lead to the
ineffective actions by the City; and provided some historical information on coyotes killing humans.
She noted that since August, 18 coyotes have been killed as part of the trapping program and feels
that this is unnecessary and ineffective, expensive, inhumane and poses a threat to companion
animals; that a moratorium on the trapping program should be considered and more effort and
money should go into on -going educational programs for all neighbors; she urges Arcadia to use
model ordinances from other cities; and commented on the destruction of the 11 acre area in the
foothills where the coyotes live.
Cameron Stone an Arcadia resident appeared and expressed his opposition of the Arcadia
woodlands project that the County Flood Control District is about to commence.
Bob Ginn a resident in the County portion of Arcadia appeared and expressed his opposition
regarding the County project in the woodlands area.
Terri Owens a Sierra Madre resident appeared and expressed her opposition regarding the
woodlands project and commented on how to co -exist with coyotes.
REPORTS FROM THE CITY COUNCIL AND CITY CLERK
Council Member Segal congratulated Sara Somogyi and the Recreation and Community Services
staff for putting on a wonderful Snow Festival and Breakfast with Santa event; he congratulated his
wife Lee and all the ladies who worked on the "White Christmas" program who provided gift
certificates and toys to 191 needy families in Arcadia; he reminded everyone that the Santa Anita
Race Track is open and encouraged everyone to attend and see the horses training and noted that
Clocker's Corner is serving free coffee; and wished everyone Happy Holidays and a safe and
Happy New Year.
Council Member Chandler wished everyone Happy Holidays and a safe New Year.
Mayor Pro Tem Kovacic thanked all the speakers for attending; he announced that the Arcadia High
School Constitution Team is competing on Saturday, December 11th; he also commented on the
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"Woodlands" project; he announced that First Avenue Middle School PTSA is having an e-waste
event on Saturday, December 11th; that Arcadia High School is having a preview day of all the
improvements completed as a result of Measure I money and encouraged everyone to attend on
Saturday at 2:00 p.m.; and also wished everyone Happy Holidays and a Happy New Year.
Mr. Penman commented that today the County agreed to a 30 day delay in moving forward with the
Santa Anita Dam Sediment Removal Project; that the County has already given the contractor a
notice to proceed on December 13, 2010 which has now been held up for 30 days in order to
provide interested parties an opportunity to look at alternatives where the sediment can be moved
and to preserve the oaks.
Council Member Harbicht commented on the sediment removal comments made during the public
comment period regarding the "Woodlands" project; he explained that it is a Los Angeles County
Flood Control project and not an Arcadia project; he noted a letter was sent by the City on June 16,
2008 to the County in response to the Draft EIR which went into detail about the project; that
Arcadia has taken an active role in monitoring the project and announced that residents should
contact County officials with concerns; and he also wished everyone a Merry Christmas and a
Happy New Year.
City Clerk Barrows thanked Sara Somogyi, Dana Nava and the entire Recreation and Community
Services staff for a successful Snow Festival event and wished everyone Happy Holidays and a
safe New Year.
Mayor Amundson noted the different restaurants and shops in Arcadia published in the Arcadia
Weekly and encouraged everyone to shop Arcadia; he discussed an educational pamphlet
regarding coyotes by the City and encouraged everyone to take a look at it; he noted the Pearl
Harbor attack 69 years ago; and wished everyone Happy Holidays, Merry Christmas and a Happy
New Year.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Meeting Minutes of November 2, 2010.
Recommended Action: Approve
b. Report regarding Fiscal Year 2009 -2010 Redevelopment Agency State Controller, Audited
Financial, State Housing and Community Development, Blight Removal, Progress, Loan and
Property Reports.
Recommended Action: Receive and File
CITY COUNCIL ITEMS:
c. Approve the Meeting Minutes of November 2, 2010.
Recommended Action: Approve
d. Adopt Resolution No. 6750 approving and adopting an amended appendix to the Conflict of
Interest Code pursuant to the Political Reform Act of 1974.
Recommended Action: Adopt
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e. Adopt Resolution No. 6751 dedicating certain City owned property on Magnolia Court (one -
foot control strip on Tract Map 60096) for public right -of way purposes.
Recommended Action: Adopt
f. Adopt Resolution No. 6752 supporting "Business Friendly Principles" as part of the Southern
California Association of Government's Development of a Southern California Economic
Growth Strategy.
Recommendation: Adopt
g. Adopt Ordinance No. 2272 repealing and replacing various Sections of Article IX of the
Arcadia Municipal Code to enact the 2010 General Plan Update Project and establish new
zoning designations for Downtown Mixed Use (DMU), Mixed Use (MU), and Restricted
Multi - Family (R -3 -R).
Recommended Action: Adopt
Adopt Ordinance No. 2273 amending various Sections in Article IX of the Arcadia Municipal
Code to enact the 2010 General Plan Update Project and address new local and state
regulations and standards.
Recommended Action: Adopt
Adopt Ordinance No. 2274 certifying the 2010 Zoning Map as the Official Zoning Map of the
City of Arcadia.
Recommended Action: Adopt
h. Reject the bid for the purchase of Electrical Lighting and related accessories and direct staff
to re -bid the contract.
Recommended Action: Approve
Award a one (1) year purchase order contract to Alliance Distributing for the purchase of
janitorial supplies for various City facilities in the amount of $75,009.04.
Recommended Action: Approve
j. Authorize the City Manager to execute a contract with Vargas Olson Enterprises, Inc. for
installation of carpet tiles at the Community Center & Recreation Department Building in the
amount of $43,471.
Recommended Action: Approve
k. Authorize the City Manager to execute a one (1) year contract for Street Striping and
Pavement Marking Services with J & S Striping in the amount of $85,092 and appropriate
$11,622 from the General Fund.
Recommended Action: Approve
Approve the purchase and installation of a vehicle extraction system from Air Cleaning
Systems for Fire Station 106 in the amount of $59,950.
Recommended Action: Approve
m. Authorize the City Manager to execute a Professional Services Agreement with Bucknam &
Associates, Inc. for the City's Pavement Management Program in the amount of $28,645
and approve a 10% contingency.
Recommended Action: Approve
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n. Authorize a contract change order to Raftelis Financial Consultants, Inc. to prepare a Tiered
Water Rate Study in the amount of $12,000.
Recommended Action: Approve
In response to an inquiry by Council Member Kovacic regarding Consent Calendar item 2.1 and the
rebidding of projects, Mr. Penman responded that vendors are contacted asking them why they did
not bid; also in response to Council Member Kovacic's inquiry, Fire Chief Trabbie explained the
reasons why the bids were rejected and rebid.
It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Kovacic
and carried on roll call vote to approve Consent Calendar items 2.a through 2.n.
AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal and Amundson
NOES: None
ABSENT: None
3. CITY MANAGER/AGENCY DIRECTOR ITEMS:
a. Consideration of and possible action to resolve an impasse in negotiations between
the City and the Arcadia Police Civilians Employee Association.
Recommended Action: Provide direction
William Floyd, the City's Labor Attorney with the City Attorney Law Firm of Best Best & Krieger
reported that City labor negotiators and representatives from the Arcadia Police Civilian Employees
Association (APCEA) have reached an impasse; he explained that the City has an Employer -
Employee Relations Resolution and that the state law that governs the employer relations for a City
gives the City the right to adopt rules and regulations governing its own employee relations; and
noted that one of the provisions in the Employer- Employee Relations Resolution is a process
whereby an impasse in the bargaining between the City and an employee association would be
resolved. Mr. Floyd read and explained the process of an impasse hearing before the City Council
and discussed alternatives for City Council consideration. He reported that the City's
recommendation tonight is to resolve the impasse by adopting the wages, hours and working
conditions that are set forth in the City's last best offer which is provided in the staff report; and
provided the City Council with a brief history and overview of the negotiations with the APCEA that
led to the impasse.
Hue Quach, Administrative Services Director briefly described the City's economic circumstances
when negotiations with the APCEA began.
Mr. Floyd reported that cities and public agencies all over California are laying employees off,
imposing furloughs and wage and benefit cuts; he explained the State's budget in terms of
economics; he explained that there were additional issues with the APCEA because an MOU was
being negotiated for the first time; and explained the City's offers to the bargaining groups at that
time. He requested that the City Council adopt the wages, hours and terms and conditions of
employment in the City's last best final offer dated October 15, 2010 as described in the staff report;
that the City's last best final offer was submitted as a Memorandum of Understanding because
there was no agreement on that package. Mr. Floyd advised the City Council that he feels if the
City goes beyond what it authorized giving the other employee groups, it will create a credibility
problem for the City.
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Wendall Phillips, Esq. who represents the Arcadia Police Civilian Employees Association appeared
and stated that they disagree with some of comments made tonight based on positional
disagreement; he noted that the City has every right as the APCEA does to have their advocate
state the City's position and the negotiation's position; that the APCEA sought a different unit
because they were within a unit that had much greater numbers of general employees who did not
share the needs, concerns and issues that the Arcadia Police Civilians deal with everyday. Mr.
Phillips noted that police civilian employees have much more in common with the police officers that
they serve; he provided examples of some of the positions and how they interact with police
officers; and explained the basis for some of the negotiated items.
In response to a question by Mayor Pro Tem Kovacic regarding Attachment C to the staff report,
Police Chief Sanderson responded that the Force Hire protocol that is currently being used in
dispatch is not as hard and fast a rule as they may have projected; he noted that it is on a case by
case basis as to when someone is forced hired or not; and further noted that because a system
works one way in one unit does not necessarily mean it will translate to another unit within the
APCEA exactly the same way or that it will not cause some type of division or moral problem as a
result of who interprets how the force hire will work within that unit. He noted that he has no
intention of changing any employee shifts during the remainder of his employment with the City; he
provided, as an example, that mid -year budget review is just around the corner and if the police
department is required to cut 5% from its budget because of the budget deficit, he may have to cut
more police officers or consolidate or eliminate some shifts or even lay employees off; and he feels
that if the City locks into the concerns raised regarding shifts, he would not be able to eliminate
those shifts and that would create an economic impact because he would have to staff those shifts
and individuals and would not be able to make up that cost recovery because he would not be able
to eliminate those positions.
In response to a question raised regarding the zipper clause by Mayor Pro Tem Kovacic, Mr. Floyd
responded that the only group that has the zipper clause is the APOA which was negotiated 2
contracts ago; and noted for the record that the APOA negotiated the zipper clause at a time when
the economy was very good and feels that the City had some sense of security that it would
probably not have to go in mid - contract and try to get changes.
In response to Mayor Pro Tem Kovacic's inquiry regarding mediation, Mr. Floyd responded that
there is a mediation agency called the State Mediation and Conciliation Services, who provides
mediators who are typically retired labor negotiators, who sit with the parties to see if they can come
to some agreement on the issues; and does not feel that at this point there is anything for the
mediator to do in this case unless the City Council chooses to increase the authority beyond what
has already been authorized.
It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal
and carried on roll call vote to implement the terms and conditions of the City's representative's last
best and final offer effective December 7, 2010.
AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic and Amundson
NOES: None
ABSENT: None
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b. Adopt Resolution No. ARA -240 approving the Relocation Plan and Replacement
Housing Plan for 19 Lucile Street.
Recommended Action: Adopt
Jerry Schwartz, Economic Development Manager reported that the Agency must approve a
Relocation Plan and Replacement Housing Plan; he noted that the Relocation Plan spells out how
the Agency would relocate the one family that was living at 19 Lucile i.e. their rights and the help
they would be receiving; he reported that the one family has already been relocated; that the
California Redevelopment Law requires that it be done; and noted that the family has been noticed
of the hearing in order to give them an opportunity to comment however this is not a public hearing,
but is required by law.
Mr. Schwartz noted that the Replacement Housing Plan provides the general location of the
replacement housing unit to be developed; means to finance the replacement housing unit; and the
timetable for meeting the replacement housing objective; he added that the project is anticipated to
be completed by late 2012 which is well within the four year time frame required by State Law to
replace a lower income unit; and recommends adoption of the Relocation Plan and Replacement
Housing Plan.
It was moved by Agency Member Segal, seconded by Agency Member Kovacic and carried on roll
call vote to adopt Resolution No. ARA -240 approving the Relocation Plan and Replacement
Housing Plan for 19 Lucile Street.
AYES: Agency Member Segal, Kovacic, Chandler, Harbicht and Amundson
NOES: None
ABSENT: None
c. Adopt Resolution No. ARA -241 approving an Amendment to the Owner Participation
Agreement between the Arcadia Redevelopment Agency and Arcadia Commons,
L.P. for the development of the 43 -unit Campus Commons Senior Housing Project at
16 Campus Drive.
Recommended Action: Adopt
Jerry Schwartz, Economic Development Manager reported that the Agency at its September 21,
2010 meeting approved an Owner Participation Agreement (OPA) with Arcadia Campus Commons
Associates to develop the 43 -unit Campus Commons Senior Housing Project; he explained that
when the Agency approved the OPA with Arcadia Campus Commons Associates, it was
understood by all parties that the Agency loan would be for up to $6.9 million which represented
$6.4 million for the project and up to $500,000 for carrying costs for the bridge loan. He noted that
the project lender, amount and terms of the bridge loan were not known; that the bridge loan
amount of $1.6 million has been determined and stated that it is lower than anticipated; that the
carrying costs should be as low as $250,000; that the developer was successfully able to bring in a
tax credit investor that are now requesting some revisions to the OPA agreement and as a result of
that, an amendment to the OPA has been prepared for approval by the Agency.
Eliza Hull of Best Best & Krieger clarified that in the draft Amendment it is indicated that the
developer would be receiving approximately $6.4 million in bond financing, but noted that number
would be modified because it was just learned yesterday that the allocation is a little over $7 million;
she stated that this will not change the Agency's contribution, but just wanted the Agency to be
aware that a couple of minor modification to the Amendment will be made.
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It was moved by Agency Member Segal, seconded by Agency Member Chandler and carried on roll
call vote to Adopt Resolution No. ARA -241 approving an Amendment to the Owner Participation
Agreement between the Arcadia Redevelopment Agency and Arcadia Commons, L.P. for the
development of the 43 -unit Campus Commons Senior Housing Project at 16 Campus Drive.
AYES: Agency Member Segal, Chandler, Harbicht, Kovacic, and Amundson
NOES: None
ABSENT: None
d. Authorize the City Manager to execute Professional Services Agreements with
BonTerra Consulting for $43,110 and Austin -Foust Associates, Inc. for $18,800 for
peer review services related to the Westfield Santa Anita Phase 2 Expansion Project;
and authorize the City Manager to approve increases to the Agreements based on
changes to the Scope of Work.
Recommended Action: Approve
Jason Kruckeberg, Assistant City Manager /Development Services Director reported that Westfield
Santa Anita submitted a portion of an application for a large development project at 400 South
Baldwin Avenue; he further reported that the project includes an amendment to City Council
Resolution No. 6199 which governs the development standards at the Mall; that Westfield's
application states that a subsequent architectural design review application proposes to renovate
and reuse approximately 165,000 square feet of the former Robinson's -May building, to allow a new
anchor store of approximately 160,000 square feet, permit approximately 70,000 square feet of
additional retail floor area, to develop a new multi -level parking structure with up to 1,013 new
parking spaces and complete additional modification to various Resolutions and requirements that
govern development at the Westfield Santa Anita Mall. He noted that due to the complexity of the
project and the need for an associated Environmental Impact Report, traffic study and additional
technical reports, staff is requesting authorization to execute professional services agreements with
BonTerra Consulting for environmental consultant services and Austin Foust Associates, Inc. for
traffic consulting services to assist the City with the technical review of the required documents.
In response to an inquiry by Mayor Amundson regarding cost reimbursement, Mr. Kruckeberg
responded that there is a Reimbursement Agreement in place and all costs will be reimbursed to
the City by Westfield.
It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal
and carried on roll call vote to authorize the City Manager to execute Professional Services
Agreements with BonTerra Consulting for $43,110 and Austin -Foust Associates, Inc. for $18,800 for
peer review services related to the Westfield Santa Anita Phase 2 Expansion Project; and authorize
the City Manager to approve increases to the Agreements based on changes to the Scope of Work.
AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic, and Amundson
NOES: None
ABSENT: None
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ADJOURNMENT
The City Council /Redevelopment Agency adjourned at 10:05 p.m. in memory of John Laing and
Deborah Lamb to Tuesday, January 4, 2011, 6:00 p.m. in City Council Chamber Conference Room
located at 240 W. Huntington Drive, Arcadia.
James H. Barrows, City Clerk
By:
Lisa Mussenden
Chief Deputy City Clerk/Records Manager
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