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HomeMy WebLinkAboutAPRIL 3,2007 I I I 49:0039 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 3, 2007 A Study Session of the City Council was held in the Council Chamber Conference Room, Arcadia City Hall, 240 W. Huntington Drive, Arcadia, California. CALL TO ORDER Mayor Chandler called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: ABSENT: Council/Agency Member Amundson, Harbicht, Segal, Wuo and Chandler None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report and discussion to authorize the Public Works Services Department to follow Proposition 218 Ballotina Procedures for the water, sewer and refuse rates includina a proposed public hearina at the June 19. 2007 City Council Meetina. Public Works Services Director Pat Malloy discussed the "Big Horn" U.S. Supreme Court case and how it changed the way local jurisdictions are allowed to increase utility rates and how the process should be handled to insure compliance with Proposition 218 balloting procedures. He noted that if written protests against the proposed fees are presented by a majority of the property owners or tenants, as required by law, the City may not impose the rate increase. He further noted that protests must be submitted in writing to the City in order to be considered and that all rate adjustments adopted by the City since Proposition 218 was passed in 1996 must be reaffirmed. Mr. Malloy noted the City has followed the public hearing process for every rate adjustment since Proposition 218 was passed. Mr. Malloy commented that no increase in water rates are being proposed and reminded the Council that last year a water rate adjustment was deferred until the Water Master Plan update was complete. He noted that a preliminary financial analysis determined that no rate adjustment for fiscal year 2007-08 would be needed. Mr. Malloy advised that staff recommends no rate adjustment for water, only to affirm current and previous rates. Regarding Refuse Rates, Management Analyst Marie Nguyen advised that the existing agreement with Waste Management allows for an increase in refuse rates based on a formula that is a balance between the Consumer Price Index (CPI) and Disposal Fees. She explained that the current contract requires annual rate adjustments be calculated on the percent change from March to March of the previous year and in order to comply with Proposition 218 noticing, Waste Management has agreed to amend their contract with the City to January through December. She further explained that a proposed ra1e adjustment is scheduled for the June meeting and a contract amendment revising the 1 04-03-2007 49:0040 time period for calculating the CIP portion of the rate adjustment will be brought before the City Council. Regarding Sewer Rates, Deputy Public Works Services Director Tom Tait advised that a sewer rate increase for residential connections is being proposed and the increase is based on Consumer Price Index (CPI) for the period January 2006 to December 2006. He noted that the proposed rate adjustment is based' on the annual operating budget, capital improvement projects as outlined in 1he Sewer Master Plan Update and maintenance of the $5 million dollar fund reserve. He also noted that as part of the Sewer Master Plan adopted last year, the City is in compliance with the sanitary sewer mandate. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Chandler convened the Open Session meeting at 7:00 p.m. in the Council Chamber. INVOCATION Reverend Darwin Ng, Police Department Chaplain, First Evangelical Church PLEDGE OF ALLEGIANCE Stephen P. Deitsch, City Attorney ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Harbicht, Segal, Wuo and Chandler ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch announced that the City Council met in Study Session to receive a report from staff regarding Proposition 218 Balloting Procedures for water, sewer and refuse rates. He also announced that further discussion on this item is listed under 3b on the posted agenda. No reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Segal and carried on roll call vole to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS AND PROCLAMATIONS a. Presentation of Certificate to Tim Spicer, 2006-2007 Outstanding School Crossing Guard of the Year for City of Arcadia. 2 04-03-2007 I I I I I I 49:0041 Mayor Chandler announced that City Manager item 3c will be moved before the public hearing item for discussion and direction. He provided an overview of the City's current public hearing process and advised that a different approach to the public hearing process will be discussed and considered. 3. CITY MANAGER c. APPROVE PROCEDURE AND PROTOCOL OF THE PUBLIC HEARING FOR THE SPECIFIC PLAN AND RELATED APPLICATIONS FOR "THE SHOPS AT SANTA ANITA." Recommended Action: Provide Direction City Manager Bill Kelly commented that staff prepared a report for direction and consideration regarding 3 alternatives for the public hearing process relating to the Westfield and The Shops at Santa Anita hearings. Assistant City Manager/Development Services Director Don Penman provided the report regarding procedures and pro10col of the public hearing process to the Specific Plan and related applications for "The Shops at Santa Anita" on April 11, 2007. He noted the options for conducting the public participation portion of the hearing given the expected attendance and advised that slaff recommends a 30 minute staff presentation, followed by a 30 minute presentation by the applicant, and then open the public hearing using speaker cards. He noted the 3 options for consideration of accepting public comments as (1) normal public hearing format (2) random first come, first serve or (3) collect all cards until the hearing begins, shuffle the cards randomly regardless of which order they were submitted, once the hearing begins those cards would be placed at the bottom of the stack in the order received. He recommended that each speaker be given 3 minutes to speak followed by 15 minutes for rebuttal by the applicant who would be the last person to speak. Mr. Penman noted 1hat speakers could not allocate any part of their 3 minutes to another speaker. 1 A motion was made by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote to adopt the 3 minute speaker time limit and shuffle the speaker cards for the Westfield public hearing on the agenda including the April 11, 2007 public hearing. AYES: Council Member Segal, Harbicht, Amundson and Chandler NOES: Council Member Wuo 1. PUBLIC HEARING a. ARCHITECTURAL DESIGN REVIEW NO. ADR 2005-26 EXPANSION OF WESTFIELD SANTA ANITA MALL- PHASE 1B Recommended Action: Approve the Addendum to the EIR; approve ADR 05-26 subject to the conditions set forth in the staff report or as amended by the City Council, and adopt the following Resolutions: RESOLUTION NO. 6562 APPROVING THE EIR ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE STATEMENT OF ENVIRONMENTAL EFFECTS AND FINDINGS BASED UPON THE EIR ADDENDUM FOR ARCHITECTURAL DESIGN REVIEW ADR 2005-026 ON PHASE 1 B OF THE EXPANSION OF WESTFIELD SHOPPINGTOWN - SANTA ANITA. Recommended Action: Adopt 3 04-03-2007 49:0042 RESOLUTION NO. 6561 APPROVING ARCHITECTURAL DESIGN REVIEW ADR 2005-026 FOR THE EXPANSION OF THE WESTFIELD SHOPPINGTOWN I - SANTA ANITA (PHASE 1B) AT 400 SOUTH BALDWIN AVENUE. Recommended Action: Adopt Assistant City Manager/Development Services Director Don Penman presented the staff report relating to Westfield's application for architectural design review for the addition of approximately 100,800 square feet of Gross Leasable Area (GLA) of retail shops, including 10,000 square feet of restaurant uses. Community Development Administrator Jason Kruckeberg explained the various entitlements and permils of the project including design, signage, landscaping, lighting, parking, loading, access and circulation. He noted the low building profile, architectural styles, and predominant design elements of the expansion convey good design principles. Mr. Kruckeberg commented on the Planning Commission's recommendations at its February 27, 2007 meeting regarding the Addendum to the EIR and approval of ADR 05-026 with conditions of approval. He provided the Council with background information including architectural design review and analysis, environmental analysis (CEQA), fiscal impacts, recommendations and conditions of approval. He advised the City Council that staff recommends adoption of Resolu1ion No. 6561 approving the Architectural Design Review portion of the Project and Resolution No. 6562 approving the EIR Addendum, including related CEQA findings. Following staffs presentation, the Mayor called for the applicant's 30 minute presentation. Kenneth Wong, President of Westfield's US Operations made his presentation to the City Council regarding the expansion of Westfield San1a Anita Mall - Phase 1 B. He introduced his team of John Healy, Betty Duffy, Internal Westfield Design and Architecture Group, Stephanie Eyestone-Jones, Environmental Consultant with PCR Services Corporation, Pat Gibson, Traffic Consultant with Fehr & Peers/Kaku Associates and Attorney Francis Park with Park & Velayos. He presented a revenue growth chart including sales tax revenue to the City from Westfield Santa Anita since acquired in 1998 through 2009. I Betty Duffy of Westfield Internal Design presented an overview of the exterior design of the "The Promenade". Stephanie Eyestone-Jones, Environmental Consultant with PCR Services Corporation provided a CEQA overview and summary of the Addendum including a detailed environmental impact summary relating to aesthetics, light and glare, air quality (construction), land-use/planning, noise, public services and transportation and traffic. She noted that responses to all comment letters were prepared and found that none of the comments raised changed any conclusions in the Addendum. Pat Gibson, Traffic Engineer with Fehr & Peers/Kaku Associa1es for Westfield appeared to speak on the proposed traffic and circulation issues related to the mall expansion. He discussed trip generated issues, the traffic impact analysis, proposed improvements and traffic flow, including Gate 8 improvements. He concluded thai there were no significant impacts to traffic, parking or surrounding neighborhoods. He noted that the study concludes that part of I the conditions of approval is to fund the improvements. Mr. Wong concluded his report and urged the City Council to approve the project as recommended by staff. 4 04-03-2007 I I I 49:0043 Colleen Brennan appeared and spoke in support of the Caruso project and Measure B. Martin Blanco appeared and spoke in support of the Westfield expansion project. Victor Ceporius appeared and spoke in opposition to the Westfield expansion project and spoke in support of The Shops at Santa Anita. Frank Griffith appeared and spoke in support of the Westfield expansion project. Pat Stewart appeared and spoke on behalf of the Southwest Regional Council of Carpenters in support of the Westfield expansion project. Scott Moore appeared and read a prepared statement on behalf of the Arcadia Police Officers Association in support of the Westfield expansion project, the Caruso Project and Measure B. Mary Dougherty appeared and spoke in opposition to the Westfield expansion project. Ashley Gome2:, Store Manager of Jannie and Jack appeared and spoke in support of the Westfield expansion project. Linda King, owner and operated Auntie Annie's Pretzel Store in the Westfield Mall, appeared and spoke in support of the Westfield expansion project. Jackson Bruce King, Old Navy, appeared and spoke in support of the Westfield expansion project. Diane Penaloza, Old Navy appeared and spoke in support of the Westfield Expansion project. Sara Danielle Houk, Hot Dog on a Stick, appeared and spoke in support of the Westfield expansion project. A motion to close the public hearing was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and seeing no further objection, the Mayor closed the public hearing. Rebuttal from Applicant: Mr. Gibson responded to issues raised during the public comment period regarding traffic. Mr. Park commented 1hat all CEQA issues have been addressed. He noted that the design review went through 2 different environmental reviews, once in 2000 with the certified EIR and in 2007 with the Addendum. He provided an overview of the different design guidelines and noted that Westfield concurs with the staff report including the 32 conditions of approval. Mr. Park thanked City staff for their work on this project during the past 3 years. Mr. Park submitted a letter of support for the record from the Arcadia Chamber of Commerce. In response to an inquiry by Council Member Harbicht, Mr. Gibson provided information regarding trips generated and off-site parking during the construction period. 5 04-03-2007 49:0044 Council Member Segal commented that complaints are anticipated regarding the short fall of up to 800 parking spaces during the construction period and would like to see a written proposal on how Westfield would deal with the short fall of those parking spaces. I In response to a question raised by Mayor Chandler regarding the shortfall of parking spaces, Mr. Park confirmed that Westfield would provide a specific parking plan regarding the parking during construction to the City staff within 2 weeks for Council consideration. In response to a question raised by Council Member Amundson, Mr. Penman noted that concerns regarding the 800 offsite parking spaces during construction may require one of the conditions in Resolution No. 6199 to be revised since it specifically states that all parking for patrons and employees shall be provided "on site". He commented that historically parking has been offsite during holidays and has not been an issue since the offsite parking was at the race track. He agrees that a parking plan for construction is warranted since there were parking issues during the first phase of construction. Mr. Kelly confirmed that Resolution No. 6199 would require modification to include off site parking during the construction period. Councilmember Harbicht commented that before he votes on the project, he would like to see a plan in place regarding off site parking including where the offsite parking would be proposed, how many spaces are being proposed in each of those places and a letter or signed agreement from those individuals who would be willing to provide parking spaces to Westfield for offsite parking. Council Member Wuo noted that he would like to see a detailed report regarding the proposed I "drop off area" in the new phase. City Attorney Deitsch commented that Condition 5 requires a $30,000 bond or other security posted to cover a potential neighborhood impact. He further commented that regarding offsi1e parking, the existing code requires a binding agreement between the off site property owner and the applicant. He noted that such offsite parking typically should not displace required parking at that proposed off site location under the Arcadia Municipal Code. Council Member Harbicht noted for the record that since Westfield is working with the School District and the Gold Line regarding off site parking, he would like to see letters of intent. No other persons appeared to provide testimony on this item. Mr. Wong confirmed that a temporary parking plan would be submitted to the City within 2 weeks. He asked what the next available tdate this matter can be brought back to the City Council after the report regarding the temporary parking plan is submitted to the City. Mr. Kelly recommended to the City Council that the meeting can be held at noon on April 17, 2007, if Westfield submits the required information to the City in order to meet the deadline for staff reports and agenda finalization and distribution. A motion was made by Council Member Harbicht, seconded by Council Member Segal and carried on roll call vote to continue this item to April 17, 2007 or another date a1 the request of I Westfield, direct staff to bring back reports regarding off site parking, drop off zone, and the $30,000 neighborhood impact issue. 6 04-03-2007 I I I 49:0045 AYES: NOES: Council Member Harbicht, Segal, Amundson, Wuo, and Chandler None THE CITY COUNCIL RECESSED AT 10:30 P.M. AND RECONVENED AT 10:40 P.M. PUBLIC COMMENTS (5 minutes per person) None REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo announced that this week is spring break. He commented on 2 homes in Diamond Bar that was growing marijuana, and congratulated former Mayor Gary Kovacic who was named Citizen of the Year at the Chamber dinner last week. Council Member Harbicht commented about a man found lying on the grass by the police department and subsequently arrested for being drunk as noted in the police weekly report. Council Member Amundson reminded citizens that it is spring break and the kids are out and everyone should be extra careful while driving. He also wished everyone a Happy Easter. Council Member Segal announced the Santa Anita Derby Day 5K Run and Walk on Saturday, April 7, 2007. He commented the 5K is a team effort between Santa Anita Park, Methodist Hospital, Westfield Santa Anita and 200 volunteers from Arcadia High School with proceeds going to Arcadia High School Boosters Club and the Arcadia Historical Museum. He announced that Mayor Chandler will shoot the starting gun at 7:45 a.m. for the master runners over 40 and the open race for runners and walkers at 8:15 a.m., and the kid's race will begin at 9:30 a.m. Mr. Segal encouraged everyone to participate. Mayor Chandler announced that tickets are available for the community event on Friday, April 13,2007. He also announced that Lance Corporal Sanderson will be the guest speaker. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. APPROVE REGULAR MEETING MINUTES, MARCH 20, 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. APPROVE REGULAR MEETING MINUTES, MARCH 20. 2007. Recommended Action: Approve c. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CEDAR DEVELOPMENT CORPORATION FOR THE NEW WASH RACK AT THE PUBLIC WORKS SERVICE CENTER IN THE AMOUNT OF $49.500. Recommended Action: Approve d. WAIVE EXPENSES RELATED TO TRAFFIC CONTROL SERVICES FOR THE THIRTEENTH ANNUAL SANTA ANITA DERBY DAY 5K TO BE HELD ON SATURDAY, APRIL 7, 2007. Recommended Action: Approve 7 04-03-2007 e. 49:0046 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KEYSER MARSTON ASSOCIATES FOR ECONOMIC DEVELOPMENT ADVISORY SERVICES FOR AN ADDITIONAL $11.000 FOR A TOTAL AMOUNT OF $25.000. Recommended Action: Approve I f. ADOPT RESOLUTION NO. 6560 ESTABLISHING DATE. TIME AND LOCATION FOR REGULAR MEETINGS OF THE ARCADIA BEAUTIFUL COMMISSION. Recommended Action: Adopt g. ADOPT RESOLUTION NO. 6563 AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS, THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, AND THE LOS ANGELES COUNTY TRANSIT OPERATORS. Recommended Action: Adopt h. AUTHORIZE STAFF TO CONTINUE UTILIZING LEGAL SERVICES FOR PERSONNEL RELATED MATTERS WITH ATKINSON. ANDELSON, LOYA, RUUD AND ROMO. Recommended Action: Approve i. APPROVE A CHANGE ORDER TO A PURCHASE ORDER WITH EXPRESS TEMPORARY SERVICES FOR TEMPORARY CLERICAL SERVICES IN AN AMOUNT OF $7.000. Recommended Action: Approve I Council Member Wuo asked if item (f) can wait until June. He noted that the Arcadia Beautiful Commission meets more than proposed in the Resolution. City Manager Kelly responded that there is no resolution authorizing the Arcadia Beautiful Commission to meet at any specific time and place and explained that the resolution will clear up legal issues that have been raised. Mr. Kelly noted that this resolution is consistent with major projects assigned to the Commission with room for special meetings, if necessary. Council Member Wuo requested that this item be pulled for discussion. A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and carried on roll call vote to approve the Consent Calendar items 2a through 2e and 2h through 2i on the City Council/Agency Consent Calendars. AYES: NOES: ABSTAIN: Council/Agency Members Segal, Harbicht, Wuo, Amundson and Chandler None Council/Agency Member Harbicht (2a and 2b) It was the consensus of the City Council to table item 2f to a future meeting. I 8 04-03-2007 I I I 49:0047 3. CITY MANAGER a. WAIVE THE FORMAL BID PROCESS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH INTER- CON SECURITY SYSTEMS, INC. FOR PARKING ENFORCEMENT SERVICES FROM APRil 15, 2007, TO APRil 14, 2008, FOR AN AMOUNT NOT TO EXCEED $208.060.16. Recommended Action: Approve Police Chief Bob' Sanderson reported that due to the lack of sworn personnel, enforcing parking issues have declined. He noted that Inter-Con Security Sys1erns, Inc. contracts with several surrounding cities for parking enforcement. He also noted that Inter-Con Security Systems is responsible for the hiring, training, scheduling and personnel related issues. He advised that the City's financial obligation would be $208,060.16 and recommends the City Council waive the formal bid process and authorize the City Manager to enter into a professional services agreement wi1h Inter-Con Security Systems for parking enforcement services. A motion was made by Council Member Wuo, seconded by Council Member Segal and carried on roll call vote to waive the formal bid process and authorize the City Manager to enter into a Professional Services Agreement with Inter-Con Security Systems, Inc. for Parking Enforcement Services from April 16, 2007, to April 15, 2008, for an amount not to exceed $208,060.16. AYES: NOES: Council Members Wuo, Segal, Harbicht, Amundson and Chandler None b. AUTHORIZE THE PUBLIC WORKS SERVICES DEPARTMENT TO FOllOW PROPOSITION 218 BAllOTING PROCEDURES FOR THE CONSIDERATION OF OR REJECTION OF PROPOSED INCREASE OF WATER. SEWER AND REFUSE RATES AND TO CONDUCT A PUBLIC HEARING AT THE JUNE 19. 2007 COUNCil MEETING. Recommended Action: Approve Public Works Services Director Pat Malloy presented the staff report regarding the proposed increase of water, sewer and refuse rates. He noted that a recent U.S. Supreme Court ruling changed the way local jurisdictions can increase utility rates and explained how this process is handled to insure compliance with Proposition 218 balloting procedures, public hearing notice requirements and written protests of the fees. He further noted that public hearing notices will be sent to over 16,000 property owners 45 days prior to the public hearing. Mr. Malloy noted that after an analysis of the ten-year projection of the water fund balance, staff recommended deferring an adjustment of water rates until next year pending the completion of the update of the Water Master Plan. He further noted that as part of the protest process, the property owner must reaffirm each rate adjustment adopted since Proposition 218 was implemented in 1996, as well as rates established for sewer and refuse. Mr. Malloy noted that Waste Management Collection and Recycling, Inc. requested the City to adjust the service rates for refuse/recycling collection to reflect the change in Consumer Price Index (CIP) from the period of January 2006 to December 2006. He further noted cost of living went up from last year approximately 4% according to the formula and we are looking at a 4.45% rate adjustment. 9 04-03-2007 49:0048 Mr. Malloy commented 1hat staff recommends a 5% cost of living adjustment per year for sewer rates. He noted that the current sewer rate is $3.51 and will increase to $3.65 for a single family home. Mr. Malloy recommended that the City Council maintain the current water rates for the next year, and authorize Public Work Services Department to (a) follow Proposition 218 balloting procedures for the increase of sewer and refuse ra1es (b) reaffirm the previous wa1er, sewer and refuse rate adjustments set since 1996, conduct a public hearing at the June 19, 2007 Ci1y Council meeting, direct staff to prepare the appropriate resolutions adopting rate increases for fiscal year 2007-2008 and affirm previous utility rates set since 1996 and (c) prepare a refuse contract amendment changing the time period for calculating the CPI portion of the annual rate adjustment for refuse rates. A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and carried on roll call vote to main1ain 1he current water rate structure for next year; authorize the Public Works Services Department to: (1) follow Proposition 218 balloting procedures for the increase of sewer and refuse ra1es and conduct a pubic hearing at the June 19, 2007 Council Meeting; (2) prepare resolutions to adopt 1he proposed rate increases for fiscal year 2007-08; and (3) prepare a refuse contract amendment changing the time period for calculating the CPI portion of the annual rate adjustment. AYES: NOES: Council Members Segal, Harbicht, Amundson, Wuo and Chandler None ADJOURNMENT The meeting was adjourned at 11 :20 p.m. The City Council/Redevelopment Agency adjourned this meeting in memory of Suzanne Marie Jeffs, Maureen Mascot!, Adam Jason Rosema and Gary Dorn to April 11, 2007 at 7:00 p.m. at the Arcadia Masonic Center, 50 West Duarte Road, Arcadia. ATTEST: ~AA <S James H. Barrows, City Clerk '- 10 04-03-2007 I I I