HomeMy WebLinkAbout02/15/2011 53:0035
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.
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a. Arcadia Redevelopment Agency Project Status and Update.
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.
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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.
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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.
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
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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
explained that last year, the California Redevelopment Agency (CRA) filed a lawsuit claiming
r.. 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
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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 1s
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 1 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
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.
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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.
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
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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 Citv 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 rr
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.
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.
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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.
Peter Amun :son, Mayor
ATTEST:
J. mes H. Barrows, City Clerk
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