Loading...
HomeMy WebLinkAboutItem 1a & b: City Council Minutes of February 1 and 15, 2011 53:0025 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, FEBRUARY 1, 2011 CALL TO ORDER Mayor Amundson called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) - None CLOSED SESSION a. 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, 121 -159 North Santa Anita Avenue, Assessor Parcel No. 5775 - 025 -025 (South side of Santa Clara Street, West of Santa Anita Avenue) Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg, Administrative Services Director Hue Quach and the Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency, Rusnak /Arcadia (Paul Rusnak) and Don and Ray Dahlgren. Under Negotiation: Price and Terms of Payment b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach, 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. THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Terrence Shay, Mandarin Baptist Church PLEDGE OF ALLEGIANCE — Jason Kruckeberg, Assistant City Manager /Development Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: 02 -01 -11 53:0026 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 two (2) items listed on the posted agenda under closed session, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS — Mr. Penman advised 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 a grant to the City of Arcadia by the Upper San Gabriel Valley Municipal Water District for Turf Removal Program. b. Presentation to City of Arcadia employees by the Arcadia Chinese Association. PUBLIC COMMENTS Debbie Schroyer, District Commissioner with the Boy Scouts, Elizabeth Renfer, Program Chair with the Boy Scouts and Kim Beckley, a retired Volunteer Unit Commissioner with the Boy Scouts acknowledged Council Member Harbicht who recently stepped down after serving two years as the Lucky Baldwin District Chairman of the Boy Scouts; they presented him with a plaque and thanked him for all he has done for the Boy Scouts and the community. With the concurrence of the City Council, Mayor Amundson announced a 3 minute time limit for public comments. Bill Klipstein, President of the Arcadia Educational Foundation (AEF) reported on AEF's goals, programs and achievements in the schools; he reported that fundraising efforts allow AEF to contribute $400,000 annually to the schools to fund priorities established by the School Superintendent; including mini -grant programs for teachers to receive supplemental funding for items needed for classroom educational needs; he explained the "Annual Send your School a Valentine Campaign" which seeks donations from the community to provide resources the district needs for the students; and noted that additional information regarding the campaign can be found on the School District website. Kimiko Nishitsaji, a Gay- Straight Alliance Network Board Member and resident of San Gabriel expressed her disappointment on the choice of "Focus on the Family" to represent the City at the Mayor's Community Breakfast. 02 -01 -11 53:0027 Willa Zhang, a Junior at Arcadia High School stated that Focus on the Family and Mr. H. B. London, Jr. represent an organization with an intolerance toward lesbian, gay, bisexual and transgender individuals; and asked the Mayor to reconsider his invitation to Mr. London as speaker at the Mayor's Community Breakfast. Stephanie Chung -Lara, a Junior at Arcadia High School and President of the Arcadia High School Gay Straight Alliance Club explained that having a speaker from "Focus on the Family" would create a severe negative impact on the LGBTQ (Lesbian, Gay, Bisexual, Transgender and Questioning) youth. Marsha Aizumi, an Arcadia resident felt that by promoting an anti gay group such as "Focus on the Family" the City would be endorsing the message that LGBT people are sick and need to be cured and that discrimination against LGBT individuals is okay; she urged the City Council to add this item to the agenda to discuss and vote on whether H.B. London's invitation represents the message that Arcadia want to send to its residents. Eric Nakano expressed his concerns on the choice of the speaker for the Mayor's Community Breakfast and asked the Mayor to reconsider his choice and select a speaker who will make everyone proud to be part of the Arcadia Community. Gail Rolf, Education Director for Friends of Project 10 expressed her concerns on the choice of speaker for the Mayor's Community Breakfast and felt that Focus on the Family has no business being funded with public money and given public recognition and respect. Reverend Rick Eisenlord of Pasadena expressed his concerns over the Mayor's choice to use public funds to host a Mayor's Community Breakfast featuring a speaker from the Focus on Family organization. Alan Ka Chun Chan addressed the Mayor's response to concerns expressed by the public at the last Council meeting; he noted the change that took place to the Arcadia High School's mascot and logo back in 1999 at the request of a White Mountain Apache tribe who took offense and asked the District to change it. Debra Evans, Board Member of the Latino Equality Alliance expressed her concerns regarding the speaker selected for the Mayor's Community Breakfast and felt that the City should not use taxpayer funds to pay for Mr. London's travel and speaking fees. The City Council was provided letters from the Latino Equality Alliance, Kimiko Nishitsuji a member of GSA Network, Rick Eisenlord of the Good Shepherd Church in Pasadena, Alan K. Chan, Gail Rolf, Education Director from Friends of Project 10 regarding the Mayor's choice of speaker for the Mayor's Community Breakfast. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler expressed his appreciation to the Chinese Association for their continued support and recognition of the City employees. Council Member Segal also thanked the Arcadia Chinese Association for all they do for the community and for being true community members and an active part of society; and he congratulated Mr. Harbicht for his leadership as the Chairperson of the Lucky Baldwin Boy Scouts District. 02 -01 -11 53:0028 Council Member Harbicht complimented staff for taking a leadership role regarding stimulus funds and grants; he commented on the speaker choice when he was Mayor and felt that if people want to find something to complain about with any organization or individual they will find it; he noted that he was the third president of the Arcadia Educational Foundation over 25 years ago and encouraged the community to get involved in this organization in order to keep the excellent education system in Arcadia. Mayor Pro Tem Kovacic thanked the Arcadia Chinese Association for their presentation; he also thanked the Arcadia High School Chinese Parents Booster Club for the New Year's party; he announced that the Arcadia High School Constitution Team was driving to Sacramento as he spoke to compete in the State finals and thanked the City for providing the Constitution Team use of the Council Chambers; he also echoed, as a past Arcadia Educational Foundation board member, Mr. Harbicht's thoughts and encouraged everyone to support the foundation; and noted that he appreciated the comments of the public speakers and felt that their comments where courageous and heartfelt. City Clerk Barrows congratulated Mr. Klipstein, President of the Arcadia Educational Foundation for doing great things for the schools and the community; and as a former trustee, Mr. Barrows hoped that everyone would support the foundation and help the schools during this difficult time; he indicated that tonight's meeting will adjourn in memory of Wil Laun who he had the pleasure of working with for the past 20 years in the Arcadia Booster Club and Arcadia Invitational Track Meet and added his personal thoughts. Mayor Amundson announced that the invitations for the Mayor's Community Breakfast were mailed out; he stated that he has received many very supportive letters and comments regarding the speaker for the Mayor's Community Breakfast and anyone wanting to attend should make a reservation because it will be a sell out event; and in response to a public comment made, Mayor Amundson announced that Mr. London has agreed to speak free of charge for this event. 1. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Authorize the City Manager to execute a contract with Vargas Olson Enterprises, Inc. for Annual Construction Maintenance Services at various city facilities in the amount not to exceed $105,770. Recommended Action: Approve b. Authorize the City Manager to execute a Memorandum of Understanding with the San Gabriel Valley Council of Governments to participate in the California Long Term Enerqy Efficiency Strategic Plan (CEESP). Recommended Action: Approve c. Authorize the City Manager to execute a purchase order contract with West -Lite Supply Company Inc. for the purchase of electrical lighting and accessories in an amount not to exceed $44,080.19. Recommended Action: Approve d. Award a purchase order contract to Municipal Maintenance Equipment Company for upgrades to the sewer cleaning vehicle in an amount not to exceed $90,000. Recommended Action: Approve 02 -01 -11 53:0029 It was moved by Council Member Kovacic, seconded by Council Member Harbicht and carried on roll call vote to approve Consent Calendar items 1.a through 1.d. AYES: Council /Agency Member Kovacic, Harbicht, Chandler, Segal and Amundson NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Authorize the City Manager to execute an agreement with the Metro Gold Line Foothill Extension Construction Authority for the Design and Construction of the City of Arcadia Santa Anita Grade Separation. Recommended Action: Approve Philip Wray, Deputy Director of Development Services /City Engineer provided background information regarding the design and cost of the bridge and grade separation of the Gold line Foothill Extension Rail Line over Santa Anita Avenue; he noted that in 2006 the voters of Arcadia approved Measure A assessing themselves to help fund $8 million of the cost for a grade separation of the Gold Line Foothill Extension Rail Line over Santa Anita Avenue; and the City proposed a total of $5 million from the City's Proposition A and C reserve to reach the total estimated cost of $13 million. He reported that in 2009 staff began the process of scoping the grade separation and preparing a conceptual architectural design; and in April 2010 the City Council approved the preferred design and directed staff to finalize the cost estimate and design and construction agreement with the Authority. He indicated that the City would be responsible for the actual bridge, ramps, the ramps approaching the bridge and also lowering Santa Anita Avenue to take out the hump at the tracks, and that the Authority will be responsible for all the associated track work. Mr. Wray further reported that in May 2010 the Authority prepared an initial cost estimate of the City's share of the grade separation at $13,499,480 and after several iterations, an agreement was reached with the Authority at a cost to the City of $11,974.254, which is a difference of over $1.5 million, and would require a $500,000 contingency to be placed on deposit with the Authority to be used for potential extra work caused by unforeseen conditions for a total cost to the City of $12,474,254. He indicated that at the beginning of this fiscal year Proposition A and C reserve funds were approximately $6.3 million and with the $8 million bond funds the total amount available would be over $14 million. City Attorney Stephen Deitsch recommended adding a Section 16 to the agreement; and indicated that the language was proposed by the bond counsel; he read into the record the proposed language: "that the Gold Line Authority be. asked to cooperate reasonably with the City in all respects as to the use of proceeds in order to comply with the general obligation bond law of the federal government and in order to comply with the tax exempt treatment of interest on the bonds "; and further recommended that the City Council in making any motion to approve the agreement authorize the new provision be included in the agreement and contact be made with the Authority since they already approved the agreement without the new provision so they can include it. 02 -01 -11 53:0030 It was moved by Council Member Kovacic, seconded by Council Member Harbicht and carried on roll call vote to authorize the City Manager to execute an Agreement with the Metro Gold Line Foothill Extension Construction Authority for the design and construction of the City of Arcadia Santa Anita Grade Separation; including the additional language designated as Section 16 proposed by the City Attorney. AYES: Council /Agency Member Kovacic, Harbicht, Chandler, Segal and Amundson NOES: None ABSENT: None b. Introduce Ordinance No. 2281 amending Article I, Chapter 4B and Article IX, Chapter 4 of the Arcadia Municipal Code regarding cost recovery for abatement of nuisances. Recommended Action: Introduce City Attorney Deitsch reported that the proposed ordinance regarding cost recovery for abatement of nuisances provides for recovery of staff and abatement costs; he stated that the City incurs expenses in enforcing the Arcadia Municipal Code and pursuing abatement of public nuisances; that State law allows the City to recover virtually all nuisance abatement costs, including staff costs and attorneys' fees in enforcement actions and that the proposed amendment expands the City's ability to recover nuisance abatement costs to the maximum extent provided by law and also includes additional tools for enforcement. Mr. Deitsch explained that the law mandates that attorneys' fees be recoverable by the "prevailing party" whether that is the City or in rare cases the defendant; and that in order to limit any potential liability for a defendant's attorneys' fees the proposed ordinance allows for recovery of fees only in circumstances in which the City elects at the initiation of the proceeding or case to recover its own fees; and that any fees that may be recovered by a defendant are capped at the amount incurred by the City; and that the proposed ordinance specifically allows for cost recovery in any administrative, criminal, civil or other judicial action to abate a nuisance, including appeals of administrative citations. It was moved by Council Member Chandler, seconded by Council Member Segal to introduce Ordinance No. 2281 amending Article I, Chapter 4B and Article IX, Chapter 4 of the Arcadia Municipal Code regarding cost recovery for abatement of nuisances. Council Member Harbicht stated that he agreed with the attorneys' fee provision but would like to see the ability to elect recovery of attorney fees in all cases not just where the City elects to recover the fees. In response to a question raised by Mayor Pro Tem Kovacic whether the proposed language was case or statutory language, Mr. Deitsch responded that he would double check and provide a response. Council Member Chandler rescinded his earlier motion in light of Council Member Harbicht's concerns. It was moved by Council Member Harbicht, seconded by Council Member Kovacic and carried on roll call vote to direct the City Attorney to bring back an alternative version of Ordinance No. 2281 where attorneys' fees are recovered in all cases. AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal, and Amundson NOES: None ABSENT: None 02 -01 -11 53:0031 Mayor Pro Tem Kovacic asked the City Attorney that when the alternative ordinance is brought back, he would like to know what other cities have adopted the same statute. ADJOURNMENT The City Council /Redevelopment Agency adjourned in memory of Wil Laun, Holman L. ( "Ace ") Hudson, Charlotte Cowan and Bea Chute at 8:35 p.m. to Tuesday, February 15, 2011, 5:30 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 02 -01 -11 53:0025 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, FEBRUARY 15, 2011 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) — No one appeared. CLOSED SESSION a. 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, 121 -159 North Santa Anita Avenue and Assessor Parcel No. 5775 -025- 025 (South side of Santa Clara Street, West of Santa Anita Avenue) Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg and Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency, Rusnak /Arcadia (Paul Rusnak) and Don and Ray Dahlgren. Under Negotiation: Price and Terms of Payment b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach, 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. 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 County Superior Court Case No. GC045121). STUDY SESSION (OPEN TO THE PUBLIC) The City Council /Agency Board recessed at 8:40 p.m. back into Closed Session to consider item c and Study Session item a listed on the posted agenda. a. Arcadia Redevelopment Agency Project Status and Update. 02 -15 -11 53:0026 Mr. Penman reported that the Governor's proposed budget for 2011 -12 includes a proposal to immediately end redevelopment in California which would take away funds from agencies; that it is not known whether the taking of redevelopment agency money is legal or not; and that agencies are taking action to protect their money which Arcadia has not done upon advise from the City Attorney and the California Redevelopment Agency Association. He advised that the purpose of the Study Session is to go over a list of proposed projects from the Implementation Plan to see if there are any projects that the Agency would like to see happen to secure agency funds. Mr. Kruckeberg, Assistant City Manager /Development Services Director provided an overview of existing Agency goals, recent accomplishments and priority projects for future funding; he discussed projects and activities that the Agency has committed to or is considering and can be identified for priority funding including projects that are part of the long term planning by the Agency. He further discussed public improvements for the Gold Line extension related to the pedestrian bridge and Transit Plaza including the two grants the City received from the MTA and CIP items for Huntington Drive and significant improvements to the Y; in addition he reported on intermediate term projects, programs and activities which are 3 to 6 years out, projects that have an indefinite time period depending on City or Agency funds available, Council and Agency priorities, development/owner /tenant interest, federal, state, county, foundation grants and loans available and market consideration; and commented on the acquisition of potential property for redevelopment projects which has not been discussed. Mayor Amundson commented that he was in favor of the smart acquisitions in the downtown business area. No direction or action was taken by the Agency Board on this item. b. Report, discussion and direction regarding the issuance of General Obligation Bonds for the Santa Anita Grade Separation /MTA Gold Line. Mr. Penman announced an anticipated closing date of May 24, 2011 for the issuance of bonds. Hue Quach provided an overview of the bonds approved by the voters back in 2006 for the issuance of $8 million of net proceed bonds; he reported that at a previous study session, Council Member Harbicht asked if the bonds should be issued at 20 or 30 years; and provided the tax rate differences between 20 and 30 years. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to proceed with the issuance of 20 year bonds. AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None At 7:00 p.m. it was the consensus of the City Council /Redevelopment Agency Board to recess to the Open meeting and resume back to Study Session /Closed Session at the conclusion of the regular meeting to conduct unfinished business. 02 -15 -11 53:0027 THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE — Robert Sanderson, Arcadia Police 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 /Redevelopment Agency Board met in Closed Session to consider items a and b listed on the posted agenda, no reportable action was taken. In addition, Mr. Deitsch announced that the City Council /Redevelopment Agency Board will recess to a continued Closed Session after the open meeting to consider Item c on the posted agenda; he reported that the City Council met in Study Session to consider item b on the posted agenda relating to the potential issuance of General Obligation Bonds by the City for the Santa Anita Grade Separation MTA Gold Line Project; that the voters of Arcadia, in April 2006, by ballot measure, approved the issuance of general obligation bonds in an amount not to exceed $8 million dollars for purposes of a grade separation project on Santa Anita Avenue which is part of the Gold Line extension railway project; that the City Council considered whether the maturity of the bonds should be 20 or 30 years; and by a motion by Council Harbicht, seconded by Council Member Chandler, the City Council unanimously voted to proceed with the issuance of 20 year bonds assuming all other matters were resolved prior to final determination to issue bonds. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS — Mr. Penman announced that a Letter Agreement from the Metro Gold Line for the design and construction of the Santa Anita Grade Separation Overpass regarding City Manager Item e was distributed prior to the meeting and will be discussed later in the meeting. 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 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 from new Arcadia Historical Museum Foundation. b. Certificate of Appreciation presented to Attorney Sue Yen Leo Pelletier for her dedicated work with the new Arcadia Historical Museum Foundation. 02 -15 -11 53:0028 c. Certificate of Commendation presented to Officer Steve Castillo for his heroic efforts. PUBLIC COMMENTS Mayor Amundson acknowledged an e-mail he received from a resident thanking him for the respect and courtesy he shows the speakers. Michael Tom, Baldwin Stocker Elementary School PTA President appeared and reported on the different activities at Baldwin Stocker; that Baldwin Stocker Elementary School was again recognized as a California Distinguished School Award recipient and was ranked first out of all ten schools in the district; he acknowledged and thanked Jim and Margaret Barrows publicly for all their countless years of volunteerism and dedication to the Arcadia schools; and thanked Mayor Amundson and City Council Members for their participation and membership at all the Arcadia school events. Jacob Tedford, Student Council Representative to the Baldwin Stocker PTA stated that they are proud to have received the California Distinguished School Award; he explained that the Student Council puts events on for the students; he commented on a successful spelling bee recently held; and discussed a new program called "Peace Squad" which helps kids settle disagreements or problems in the play ground. Mary Lindgren with the Arcadia Welfare and Thrift Shop in Arcadia thanked Mayor Amundson for donating $2.00 from each ticket sold from the Mayor's Community Breakfast to the Arcadia Welfare and Thrift; she explained that the Arcadia Welfare and Thrift Shop accepts usable items and sells them to the public and that all proceeds are solely used for the benefit of Arcadia residents and the homeless who are in need of short term or emergency assistance; that they work with the schools to collect canned goods; she explained the White Christmas program; and wished the Mayor's Community Breakfast great success. REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Harbicht had no comments. Mayor Pro Tem Kovacic congratulated the Arcadia Historical Museum Foundation and Officer Castillo; he thanked Baldwin Stocker PTA President Michael Tom, Student Council representative Jacob Tedford and the Arcadia Welfare and Thrift Shop for appearing. Council Member Chandler congratulated Officer Castillo on his heroic actions. Council Member Segal announced the annual Methodist Hospital Mardi Gras event at the Race Track; he congratulated the award recipients and the Historical Museum Foundation for obtaining their 501(c)(3) certification. City Clerk Barrows also congratulated the award recipients; and thanked Jacob for his report and thanked Michael Tom for his involvement in the community and schools. 02 -15 -11 53:0029 Mayor Amundson explained why he choose the Arcadia Welfare and Thrift Shop to receive $2 from each ticket sold for the Mayor's Community Breakfast; he noted the positive comments he has received from the public about Arcadia; he explained why he choose Mr. London from Focus on the Family as the speaker for the Mayor's Community Breakfast and announced how the public can obtain a ticket. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of January 4, 2011 and January 18, 2011. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of January 4, 2011 and January 18, 2011. Recommended Action: Approve c. Adopt Resolution No. 6753 adopting a revised Ticket Distribution Policy; and repealing Resolution No. 6674 in its entirety. Recommended Action: Adopt d. Adopt Resolution No. 6754 declaring the Annual Weed Abatement Program and scheduling the protest Public Hearing for March 15, 2011. Recommended Action: Adopt e. Authorize the City Manager to execute a one (1) year contract extension with Clinical Laboratory of San Bernardino, Inc. for laboratory testing services of City water samples in the amount of $46,150. Recommended Action: Approve It was moved by Council Member Harbicht, seconded by Council Member Kovacic and carried on roll call vote to approve Consent Calendar items 1.a through 1.e. AYES: Council /Agency Member Harbicht, Kovacic, Chandler, Segal and Amundson NOES: None ABSENT: None 2. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Authorize a budget allocation of $318,643 from the Redevelopment Agency's unprogrammed reserves to make the required Supplemental Educational Revenue Augmentation Fund (SERAF) payment to the State of California for FY 2010 -2011 as required by Assembly Bill X4 -26. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that redevelopment funds have been under attack for some time now; he explained that in 2009 -10 the State authorized a Bill to take $2.05 billion in redevelopment money from cities to help balance the state's education budget over two years and Arcadia's share was $1,549,203; and for 2010 -11 the Agency's share will be $318,643 which will be used to fund the court systems and due to the State by May 10th. He 02 -15 -11 53:0030 explained that last year, the California Redevelopment Agency (CRA) filed a lawsuit claiming that the taking of redevelopment funds as required by AB X4 -26 was unconstitutional; that the CRA lost in Superior Court and is currently on appeal; that the CRA has urged agencies to follow the requirements of the Bill while on appeal; and requested Agency Board to allocate $318,643 from the unprogrammed Agency funds to make the SERAF payment to the State as required by AB X4 -26. City Attorney Steve Deitsch reported that the payment of $318,643 will be made under protest. It was moved by Agency Member Chandler, seconded by Agency Member Harbicht and carried on roll call vote to authorize a budget allocation of $318,643 from the Redevelopment Agency unprogrammed reserves to make the required Supplemental Educational Revenue Augmentation Fund (SERAF) payment to the State of California for FY 2010 -2011 as required by Assembly Bill X4 -26. AYES: Agency Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None b. Introduce Ordinance No. 2281 amending Chapter 4B of Article I and Chapter 4 of Article IX of the Arcadia Municipal Code regarding Cost Recovery for Abatement of Nuisances. (Continued from February 1, 2011) Recommended Action: Introduce City Attorney Deitsch reported that at the February 1, 2011 City Council meeting, an ordinance amending the Arcadia Municipal Code regarding cost recovery for abatement of nuisances was brought forward for introduction; he explained that the ordinance allowed the prevailing party to recover attorneys' fees incurred in an abatement action if the City, on a case by case basis, elected to recover such fees at the initiation of the action; he advised that at the February 1, 2011 meeting, the City Council requested an alternative ordinance without the case by case City election limitation language; that the proposed alternative ordinance would automatically result in the ability of the prevailing party to recover attorneys' fees in every nuisance abatement action or proceeding and the City would not have the right to make the election. He further explained three options the City Council can do (1) decline to adopt any amendments to the Arcadia Municipal Code (2) vote to adopt the original ordinance proposed on February 1st containing the City's case by case election limitation, or (3) adopt the new alternative ordinance which provides that the prevailing party in all cases would automatically recover attorneys' fees. In addition, Mr. Deitsch noted that at the February 1s meeting, Mayor Pro Tem Kovacic asked if the "case by case election to recover attorneys' fees" was statutory or case law, Mr. Deitsch responded that it was statutory law and cited Government Code Section 38773.5(b). In response to another question raised by Mr. Kovacic at the February 1 meeting regarding what surrounding cities have adopted a similar provision, Mr. Deitsch reported on the results of the 3 cities that responded to the survey taken by staff; and reported that that Monrovia, Duarte and Diamond Bar were the only cities that responded. It was moved by Council Member Harbicht, seconded by Mayor Pro Tem Kovacic to introduce alternative Ordinance No. 2281 amending Chapter 4B of Article I and Chapter 4 of Article IX of the Arcadia Municipal Code regarding Cost Recovery for Abatement of Nuisances without the 02 -15 -11 53:0031 City's ability to limit recovery of attorneys' fees to actions in which it elects, at initiation of the action or proceeding, to recover its own fees. AYES: Council Member Harbicht, Kovacic, Segal and Amundson NOES: Council Member Chandler ABSENT: None c. Authorize the Assistant Recreation and Community Services Director position in the FY 2010 -11 Operating Budget for the Recreation and Community Services Department. Recommended Action: Approve Mr. Penman reported that the Assistant Recreation and Community Services Director position was excluded from the fiscal year 2004 -05 budget when the Assistant Director at that time Roberta White was promoted to the Director position; that the Recreation and Community Services Department has been lacking a second person in charge and with the recent retirement of Recreation Supervisor Ken Petty the structure of the Department was evaluated. Mr. Penman explained the increased responsibility and accountability the Department has seen in the last few years and provided some main areas of responsibility for the Assistant Director position; and recommended the City Council authorize the Assistant Recreation and Community Services Director position in the 2010 -11 operating budget and eliminate the vacant Recreation Supervisor position. Mr. Penman further explained that no additional funds would be necessary for this fiscal year because it would take three to four months to fill the position; and stated that the Assistant Director position would be about 5% higher due to the upgraded position and ultimately over the next three or four years would increase about $21,600. It was moved by Council Member Harbicht, seconded by Council Member Segal to authorize the Assistant Recreation and Community Services Director position in the FY 2010 -11 Operating Budget for the Recreation and Community Services Department. AYES: Council /Agency Member Harbicht, Segal, Chandler, Kovacic, and Amundson NOES: None ABSENT: None d. Report, discussion and direction requesting the use of funds from the Arcadia Redevelopment Agency to provide outside expertise to the Arcadia Downtown Business Association. Recommended Action: Provide Direction Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the Arcadia Downtown Business Association has met monthly since July 2010; that their meetings focused on planning and developing direction; and have also established officers and a Board of Directors. He noted that at the January 18, 2011 Study Session, the Agency Board heard from members of the Association regarding their accomplishments and their request for some guidance and technical assistance to help them move forward; and that the Agency directed staff to bring back some options to assist the Association. 02 -15 -11 53:0032 Jerry Schwartz, Economic Development Manager reported that staff contacted three consultants who provide assistance to downtown business organizations; he explained that Phase 1 would assist with the legal formation and organizational options at $20,000; Phase 2(a) would provide options to form a business based BID (BBID) at $22,500; and Phase 2(b) would provide options for a property based BID (PBID) at $50,000. He discussed the additional option to commission a retail recruitment study for the downtown area; and explained that a retail recruitment study would analyze the uses currently in the downtown area, available sites, zoning and demographics and prepare a report on retailers that might fit in the area including how to pursue these retailers; and recommended that the retailer recruitment process be considered after the phased work has been completed and noted that the cost could be around $100,000. Matt McSweeney, the Chair of the Arcadia Downtown Business Association reported on the need to possibly reconfigure the boundaries; and that they are ready to take on the challenge and feels that some professional assistance would help them accomplish their goals and get ready for the Gold Line. It was moved by Council /Agency Member Segal, seconded by Council /Agency Member Harbicht to proceed with Phase 1 and authorize $20,000 from Redevelopment Agency funds for a consultant to assist with the legal formation. AYES: Council /Agency Member Segal, Harbicht, Chandler, Kovacic, and Amundson NOES: None ABSENT: None e. Authorize the City Manager to execute an Agreement with the Metro Gold Line Foothill Extension Construction Authority for the Design and Construction of the City of Arcadia Santa Anita Grade Separation. Recommended Action: Approve Philip Wray, Deputy Director of Development Services /City Engineer reported that on February 1, 2011 the City Council approved a proposed Grade Separation Agreement with the Gold Line Construction Authority; and that since that meeting staff and the Authority have negotiated additional revisions to the Agreement which requires City Council approval. City Attorney Steve Deitsch directed the City Council to the Letter Agreement on the dais; he noted that the language he announced at the last meeting is on Page 4 at Section 16 and contains the provision that the Gold Line Authority would first execute a design build contract for the grade separation project then deliver written notice to the City which would then trigger an obligation by the City within 30 days thereafter to issue the general obligation bonds; then the City would then have the obligation to issue bonds within that 30 day window and if the City does not issue and receive the proceeds of the bonds on or before that 30 day window date, the City would then cooperate reasonably with the Authority to obtain approval of and construct an at -grade crossing in lieu of the overpass at Santa Anita Avenue. Mr. Deitsch noted that at the Study Session meeting earlier a closing date of May 24 is anticipated and suggests that language be included that coincides with the date the Gold Line Authority signs the design build contract. 02 -15 -11 53:0033 It was moved by Council Member Harbicht, seconded by Council Member Chandler to authorize the City Manager to execute an Agreement with the Metro Gold Line Foothill Extension Construction Authority for the Design and Construction of the City of Arcadia Santa Anita Grade Separation substantially as presented to the City Council, together with any revisions of a minor and technical nature which the City Manager and City Attorney determine are necessary to facilitate the issuance of general obligation bonds and the completion of the grade separation project. AYES: Council /Agency Member Harbicht, Chandler, Kovacic, Segal and Amundson NOES: None ABSENT: None The City Council /Redevelopment Agency recessed to the Conference Room at 8:30 p.m. to conduct unfinished Closed Session /Study Session items listed on the posted agenda. ADJOURNMENT The City Council /Redevelopment Agency adjourned at 9:10 p.m. to Tuesday, March 1, 2011, 5:30 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 02 -15 -11