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HomeMy WebLinkAboutDecember 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. 12 -07 -10 1 52:0191 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. 1 wry 12 -07 -10 2 52:0192 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 Citv of Arcadia Massage Therapist and Business License regulations at 1004 North Santa Anita Avenue. Recommended Action: Uphold the revocation and deny the appeal Silva Verge!, 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 12 -07 -10 3 52:0193 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 12 -07 -10 4 52:0194 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. 12 -07 -10 5 52:0195 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 12 -07 -10 6 52:0196 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 Lao School Constitution Team is competing on Saturday, December 11th; he also commented on the 12 -07 -10 7 52:0197 "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. orri 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 12 -07 -10 8 52:0198 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 hipo 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 Proiect 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 f 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 L 12 -07 -10 9 52:0199 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. 12 -07 -10 10 52:0200 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 12 -07 -10 11 52:0201 b. Adopt Resolution No. ARA -240 approving the Relocation Plan and Replacement Housinq 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 al; 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. 12 -07 -10 12 52:0202 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 12 -07 -10 13 52:0203 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. Peter Amundson, Mayor ATTEST: ames H. Barrows, City Clerk 12 -07 -10 14