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City Council Agenda 9-1

Following is the agenda for the 7 p.m. City Council meeting. Included is the agenda for the special 5 p.m. closed study session regarding the recent lawsuit against the City by Caruso Affiliated.

CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING

TUESDAY, SEPTEMBER 1, 2009

AGENDA 7:00 p.m.

Location:  City Council Chamber, 240 W. Huntington Drive

CALL TO ORDER

INVOCATION: Reverend Brenda Simonds, Arcadia Methodist Hospital Chaplain

PLEDGE OF ALLEGIANCE: Hue Quach, Administrative Services Director

ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: John Wuo, Mayor/Agency Chair Peter Amundson, Mayor Pro Tem/Agency Vice Chair Roger Chandler, Council/Agency Member Gary Kovacic, Council/Agency Member Robert Harbicht, Council/Agency Member

REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS (below)

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – NOTICE OF SPECIAL MEETING

As authorized by California Government Code Section 54956 and Arcadia City Charter Section 408, a Special Meeting of the Arcadia City Council/Redevelopment Agency is hereby called to be held at the City of Arcadia Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia, California at 5:00 p.m. on Tuesday, September 1, 2009.

At this Special Meeting, the following matters will be discussed, considered and acted upon:

CLOSED SESSION

a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding potential litigation – one (1) case.

b. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Santa Anita Associates, LLC v. City of Arcadia; City Council of the City of Arcadia; real parties in interest: Westfield, LLC; Westfield Corporation, Inc.; Santa Anita Shoppingtown LP; Santa Anita Fashion Park LP. (Los Angeles Superior Court Central District Case No. BS122267)

c. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of City of Irvine v. Southern California Association of Governments (California Supreme Court Case No. S175329).

d. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Magna Entertainment Corp., et al., (United States Bankruptcy Court – District of Delaware Case No. 09-10720 (MFW)

STUDY SESSION

a. Report, discussion and direction regarding the establishment of the Citywide Street Lighting Assessment District.

Prior to going into study session and closed session, there will be time reserved for those who wish to address the City Council/Redevelopment Agency regarding the above items.

No further business other than the above will be considered at this meeting. Dated: August 26, 2009                    ________________________              Mayor of the City of Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455.  Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

– – – – – – – – – – – – – – – – – – – – – – – – – – –

SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS

MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL

PUBLIC COMMENTS (5 minutes per person)

Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a “Public Comments” card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. 

In order to conduct a timely meeting, there will be a five (5) minute time limit per person.  All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting.  State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. 

REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK

1. CONSENT CALENDAR

All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.  There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 

REDEVELOPMENT AGENCY ITEMS:

a. Approve the Meeting Minutes of July 21 and August 18, 2009. Recommended Action: Approve

b. Authorize the City Manager to execute a one (1) year extension to the Professional Services Agreement between the City of Arcadia and Joe A. Gonsalves and Son for State Legislative Advocacy Services in the amount of $36,000. Recommended Action: Approve

CITY COUNCIL ITEMS:

c. Approve the Meeting Minutes of July 21 and August 18, 2009 Recommended Action: Approve

d. Adopt Ordinance No. 2262 amending certain Sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by Local, State or Federal Law. Recommended Action: Adopt

e. Authorize the City Manager to execute a one (1) year extension to the Professional Services Agreement between the City of Arcadia and Joe A. Gonsalves and Son for State Legislative Advocacy Services in the amount of $36,000. Recommended Action: Approve

f. Authorize the City Manager to execute a contract with Silvia Construction, Inc. for the Road Rehabilitation of Santa Anita Avenue from Longden Avenue to Live Oak Avenue Project in the amount of $514,861.10 and approve a 10% contingency. Recommended Action: Approve

g. Authorize the City Manager to execute a contract with Palm Springs Pump and Drilling for the Longley Well No. 2 and Camino Real Well No. 1 Well Destruction Project in the amount of $28,500. Recommended Action: Approve

h. Authorize the City Manager to execute a one (1) year contract extension with Sheldon Mechanical Corporation for HVAC Preventative Maintenance Services in the amount of $102,200. Recommended Action: Approve

i. Approve street closure for Arcadia High School Band Practices from September 2, 2009 through November 18, 2009. Recommended Action: Approve

2. CITY MANAGER

a. Authorize a budget appropriation in the amount of $42,000 from the Transit Fund to the bus purchase budget for additional incidental costs related to bus purchases and award a purchase order for bus painting purposes. (Continued from August 18, 2009) Recommended Action: Approve

b. Authorize the City Manager to execute a sole source agreement with Willdan Financial Services for the Assessment and Potential Formation of Citywide Street Lighting Assessment District in the amount of $50,800. Recommended Action: Approve

c. Authorize the City Manager to execute a Professional Services Agreement with the Mobility Group to provide Traffic Modeling and Information Services in the amount of $51,400 with a ten (10%) percent contingency, appropriate a total of $56,000 from Prop C Funds and reduce the existing contract with Hogle-Ireland for the General Plan Project by $16,277. Recommended Action: Approve

ADJOURNMENT

The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, September 15, 2009, 5:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455.  Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

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