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HomeMy WebLinkAbout02/01/2011 53:0025 CITY COUNCIUREDEVELOPMENT 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 02 -01 -11 1 53:0026 ROLL CALL OF CITY COUNCIUREDEVELOPMENT 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 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 2 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 3 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 Energy 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 4 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 5 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 6 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. i - eter Amundson, Mayor ATTEST: Jamds H. Barrows, City Clerk 02 -01 -11 7