Loading...
HomeMy WebLinkAboutSEPTEMBER 18,2007 I I I 49:0117 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 18, 2007 CALL TO ORDER Mayor Segal called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Segal ABSENT: Council/Agency Member Harbicht CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators, City Negotiators: William W, Floyd, Tracey Hause and Mike Casalou, Employee Organization: Arcadia Police Officers' Association, RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Open Session meeting at 7:10 p,m. in the Council Chamber. INVOCATION Douglas Rozsa, First Counselor of the California Arcadia Mission The Church of Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE Pat Malloy, Public Works Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: CouncillAgency Member Amundson, Chandler, Wuo and Segal ABSENT: Council/Agency Member Harbicht A motion was made by Council Member Chandler, seconded by Council Amundson to excuse Council Member Harbicht from tonight's meeting, REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEM City Attorney Steve Deitsch reported that the City Council/Redevelopment. Agency Board met in closed session to consider the one (1) item listed on the posted agenda under closed session. No reportable action was taken, 09-18-2007 49:0118 SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS I Assistant City Manager/Development Services Director Don Penman announced that an e-mail regarding a public hearing item will be noted for the record by Jason Kruckeberg, Community Development Administrator as part of his staff presentation on that item, 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 Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full, 1. PUBLIC HEARING a. APPEAL OF CONDITIONAL USE PERMIT APPLICATION NO, CUP 06-16 FOR THE CONVERSION OF AN EXISTING WAREHOUSE FACILITY INTO A BADMINTON CLUB. AND THE CORRESPONDING PARKING MODIFICATION. AT 12336 LOWER AZUSA ROAD. Recommended Action: Approve Community Development Administrator Jason Kruckeberg provided an overview of the appeal of the conversion of the existing warehouse facility into a badminton club and the parking modification at 12336 Lower Azusa Road, He noted that on July 24, 2007, the Planning I Commission approved the Conditional Use Permit finding that the badminton club is an appropriate use for the site and compatible with surrounding uses; he also noted that the Planning Commission formally approved the Conditional Use Permit and adopted its resolution approving the project on August 14, 2007, He further noted that on August 21, 2007, the Lower Azusa Property Owners Association appealed the Planning Commission's decision due to traffic, parking and safety concerns, Mr. Kruckeberg provided the City Council with background information on the project, including parking and traffic concerns, He noted that the appellant is requesting the City Council reconsider the Conditional Use Permit and add conditions; he commented on the new conditions relating to security cameras, security guards, hours of operation, access to the building by patrons, signage, parking restrictions, and notices to customers regarding parking, Mr. Kruckeberg advised that staff recommends approval of the Conditional Use Permit with the new conditions in order to address issues raised by the appellant. Mr. Kruckeberg noted for the record that an e-mail was received by Christopher Beamer in support of the badminton club and a letter from Albert Salvo, President of the Lower Azusa Property Owners Association on behalf of the appellant was also received, Robert Lewis appeared and spoke in favor of the badminton club, Tom Wilmshurst appeared and spoke in favor of the badminton club, Joe Pazatlo of All Star Fire representing the Lower Azusa Property Owners Association appeared and spoke in opposition of the badminton club, I 09-18-2007 2 I I I 49:0119 Linda Louie, representative of the badminton club appeared and spoke in favor of the badminton club; she also provided additional information regarding traffic and parking issues and distributed a map of the proposed area to the City Council. William Chan, Champion Badminton Player from Hong Kong appeared and spoke in favor of the badminton Club, John Linn appeared and spoke in favor of the badminton club. Rena Wang, student at Arcadia High School appeared and spoke in favor of the badminton club. Ray O'Young appeared and spoke in favor of the badminton club, Jill Hopper. representing All Star Fire appeared and expressed issues regarding parking and hours of operation, A motion to close the public hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Wuo and seeing no further objection, the Mayor closed the public hearing. In response to concerns expressed by Mayor Segal regarding condition #22, Mr. Kruckeberg responded that curbs for parking delineation would be approved prior to opening by the Engineering Division, It was also noted that agreements with the other tenants regarding shared parking must be obtained prior to use of the parking; and regarding condition #11 concerning lighting, Mr, Kruckeberg suggested revising the language to add "and throughout the industrial center as deemed appropriate by the Police and Development Services Departments"; and also condition #20, Mr. Kruckeberg responded that language can be added that "security guards shall patrol the premises until all patrons and employees have vacated site". Mr, Deitsch suggested that condition #4 regarding parking agreements be amended to read "parking agreements in a form and substance approved by the City Attorney shall be recorded prior to the issuance of a Certificate of Occupancy and shall remain in full effect at all times during the effectiveness of this CUP, The parking agreements shall contain enforceable provisions providing for the following:" and (a) and (b) would remain the same, He also noted that condition #20 be reworded to "uniform security guards shall patrol the premises from 5:00 p,m, until all patrons and employees have left the property, Monday through Friday, and on Saturdays and Sundays during all operating hours and until all patrons and employees have left the property" and the remainder of the provision shall remain the same. Mayor Segal noted that he would like a report back to the City Council 6 months after the badminton club opens to confirm that all conditions and operations are being met. Mr. Penman clarified that the condition relating to the security guard issue would not pertain to janitorial services cleaning after hours. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Amundson and carried on roll call vote to adopt the Negative Declaration, approve Conditional Use Permit Application No. CUP 06-16, and adopt Resolution No. 6593 for the conversion of an existing warehouse facility into a badminton club, and the related parking modifications at 12336 Lower Azusa Road with revisions to conditions #4, 11, 20 and 22, 09-18-2007 3 49:0120 AYES: NOES: ABSENT: Council Member Chandler, Amundson, Wuo and Segal None Council Member Harbicht I b. APPEAL OF CONDITIONAL USE PERMIT 2007-07 AND ARCHITECTURAL DESIGN REVIEW 2006-23 FOR A PROPOSED L.A, FITNESS HEALTH CLUB AND RELATED PARKING MODIFICATION AT 1325 S, BALDWIN AVENUE, Recommended Action: Approve Community Development Administrator Jason Kruckeberg provided the staff report regarding the appeal of a proposed LA Fitness Health Club and related parking modifications at 1325 S, Baldwin Avenue, He noted that on July 24, 2007, the Planning Commission approved the Conditional Use Permit and Architectural Design Review and on August 14, 2007 formally adopted its resolution approving the project. He further noted that a nearby property owner raised concerns regarding parking and traffic at the August 21, 2007 City Council meeting which lead to the appeal filed by Council Member John Wuo. Mr. Kruckeberg provided the City Council with additional background information on the project and further discussed parking, architectural design, and code requirements, Mr. Kruckeberg noted that traffic and parking studies were conducted and reviewed by City staff, He also noted that a condition of approval regarding surveillance cameras was added to be placed in the parking area and inside the building to assist with policing. Mr, Kruckeberg noted that this project is an appropriate addition to the shopping center and recommends adoption of Resolution No, 6592 that would uphold the Planning Commission's recommendation and conditions of approval. Catherine Ken appeared and spoke in opposition of the L,A, Fitness Health Club, I Michael Pashaie, owner of the property, appeared and provided an overview of the traffic and parking study conducted by an independent consultant which was reviewed by City staff regarding the L,A, Fitness Health Club, Mike Calahan, representative of L.A, Fitness appeared and provided additional information regarding the parking study; and provided an overview of the proposed project. Tom Pashaie, co-owner of the property appeared and provided information in support of the L.A. Fitness Club, Andrew Dodge appeared and spoke in opposition of the L.A, Fitness Club, Mr. Deitsch advised the City Council that the City Charter requires that an affirmative vote of 3 council members is required to adopt a resolution and that Arcadia Municipal Code Section 2123,7 requires that when a tie vote is present, the matter is deemed automatically continued to the next regular or adjourned regular meeting of the City Council for action. He recommended that the public hearing be reopened and continued to allow the fifth council member to ask questions of the applicant or staff, Mr, Deitsch noted that the fifth council member would be required to listen to the audio tape or view the video tape in order to participate in the continued public hearing, A motion to close the public hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Wuo and seeing no further objection, the Mayor closed the public I hearing, 09-18-2007 4 I I I 49:0121 A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Segal and carried on roll call to deny the appeal and adopt Resolution 6592 approving Conditional Use Permit 2007-07 and Architectural Design Review 2006-23 to convert the existing 443,544 square foot Ross Dress for Less store to a new L,A, Fitness Health Club with a parking modification at the Arcadia Hub Shopping Center at 1325 S. Baldwin Avenue. AYES: NOES: ABSENT: Council Member Chandler and Segal Council Member Amundson, Wuo Council Member Harbicht (Based on a tie vote regarding the appeal of the LA Fitness Health Club, the Mayor ordered the public hearing reopened and this item was continued to a continued public hearing on October 2,2007 where all 5 members of the City Council will be present.) PUBLIC COMMENTS Rachel Kuo appeared and spoke concerning the basketball tournaments being held Eisenhower Park; she noted that this creates traffic, parking problems and loud music which causes a disturbance to the neighborhood, Allene E, Swienchowski appeared and spoke concerning the basketball tournaments being held at Eisenhower Park which attracts 200-300 people; she noted that there is drinking and trash not being picked; she also noted that the City issued the permits to allow the basketball tournaments. Stan Swienchowski appeared and spoke concerning the basketball tournaments every weekend at Eisenhower Park which has caused a disturbance in the neighborhood. Mr. Penman commented that permits were issued in error for the basketball tournaments at Eisenhower Park for 4 consecutive weekends; he noted that staff recently discussed the process of imposing conditions to permits issued where large groups are involved. Police Chief Sanderson explained the process of what steps can be taken by the police department if violations are observed and what violations allow for the issuance of a citation. Director of Recreation and Community Services Roberta White explained that basketball groups just started showing up at Eisenhower Park since it is a public park and because of the large groups and explained what steps have been taken to date regarding future basketball tournaments at the park. City Attorney Deitsch reminded the City Council that under the Brown Act, the City Council cannot take action on an item not listed on the posted agenda; he recommended that the City Council refer the matter to staff to bring a report back to a future meeting as an agendized item, Council Member Wuo suggested that staff not issue any permits at Eisenhower Park until a report is brought back to the City Council discussion at the next meeting, 2: CITY CLERK'S REPORTS a. Appointment to Senior Citizen Commission (Friendship Club), Recommended Action: Make appointment to fill unexpired term, 09,18-2007 5 49:0122 City Clerk Jim Barrows presented the staff report regarding the appointment to the Senior Citizen Commission Friendship Club, Mr, Barrows noted that the Friendship Club recommends I Jerry Vaught be appointed to fill the unexpired term of Frank Lee which expires June 30, 2009, A motion was made by Council/Agency Member Chandler to appoint Jerry Vaught to the Friendship Club to fill the unexpired term of Frank Lee which expires June 30, 2009. AYES: NOES: ABSENT: Council/Agency Member Chandler, Amundson, Wuo and Segal None Council/Agency Member Harbicht REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson noted that he previously brought up the subject of trying to find a way for police and fire personnel to live in Arcadia; he commented on information he received on the Fannie Mae program from Congressman Drier's office on affordable housing which he gave to Mr. Penman to pass on to Mr. Kelly, In response to an inquiry by Council Member Amundson regarding design review, Mr. Penman responded that design review has been in place for many years and recently design review was adopted for single family neighborhoods; he noted that the Planning Commission has scheduled a tour for October 30'h of the City to view results of single family design review. At the request of Mr. Penman, Mr, Kruckeberg explained the design review process and guidelines. In response to an inquiry by Council Member Amundson regarding guidelines set for subsidized housing and preference be given to citizens, Mr, Penman responded that the criteria for the Alta Street Project and the selection process was established and approved by the City Council and noted that Arcadia residents are given priority based on tenure in the community; he also explained the lottery process for the Alta Street Project selection process, I In response to an inquiry by Council Member Amundson regarding citizenship status, Mr. Deitsch responded that under the Federal Fair Housing Act and the California Unruh Act, discrimination based on someone's nationality is prohibited; and noted that requiring someone to be a legal resident as opposed to a citizen is permissible, i Economic Development Administrator Mary Cynar explained the current status and process of qualified employees and individuals for the Alta Street project and noted that most prequalified applicants are residents of the City. Council Member Chandler had nothing to report. Council Member Wuo announced that he recently represented Mayor Segal at an Eagle Scout Ceremony in honor of Gene Gaffney who is ill and wished him well; he also announced that next Monday is the Taste of Arcadia at the Arborteum; he noted that Methodist Hospital is hosting its annual Crystal Ball event on October 13; and noted that anyone interested in purchasing tickets should contact Methodist Hospital directly. I City Clerk James Barrows had nothing to report. 09-18-2007 6 I I I 49:0123 Mayor Segal discussed the use of masseuses at businesses where companies bring them in the business and provide massages to their employees as a benefit; he commented that the Code does not allow for this type of use and would like to have staff review it and bring it back to the City Council at a future meeting, 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a, REGULAR MEETING MINUTES OF SEPTEMBER 4. 2007, Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF SEPTEMBER 4. 2007. Recommended Action: Approve c, ACCEPT ALL WORK PERFORMED BY SILVIA CONSTRUCTION INC, FOR THE 2006-2007 ANNUAL ASPHALT CONCRETE OVERLAY AND REHABILITATION PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, Recommended Action: Approve d. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR CONTRACT EXTENSION WITH B&P PAINTING FOR PAINTING AND WOOD REFINISHING SERVICES AT VARIOUS CITY FACILITIES IN THE AMOUNT OF $43.500, Recommended Action: Approve e. AWARD A ONE (1) YEAR PROFESSIONAL SERVICES AGREEMENT EXTENSION TO JOE A. GONSALVES & SON FOR STATE LEGISLATIVE ADVOCACY SERVICES IN THE AMOUNT OF $36,000 BEGINNING OCTOBER 2007, Recommended Action: Approve A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 3,a through 3.e on the City Council/Agency Consent Calendars, AYES: NOES: ABSENT Council/Agency Members Amundson. Chandler, Wuo and Segal None Council/Agency Member Harbicht 4. CITY MANAGER a. PURCHASE ONE CARDIAC DEFIBRILLATOR/MONITOR FROM MEDTRONIC FOR THE UPGRADE OF FIRE DEPARTMENT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $17,000, Recommended Action: Approve 09-18-2007 7 49:0124 Acting Fire Chief Tony Trabbie provided the staff report and background information regarding the purchase of one (1) cardiac defibrillator/monitor from Medtronic in an amount not to exceed I $17,000 for the upgrade of Fire Department equipment; and noted that the City will be reimbursed for all costs associated with the purchase from Measure B funds as appropriated by the Los Angeles County Board of Supervisors. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Wuo and carried on roll call to purchase one cardiac defibrillator/monitor from Medtronic in an amount not to exceed $17,000 for the upgrade of Fire Department equipment. AYES: NOES: ABSENT: Council/Agency Members Chandler, Wuo, Amundson and Segal None Council/Agency Member Harbicht ADJOURNMENT The City Council Redevelopment Agency adjourned this meeting at 10:25 p,m, to October 2, 2007 in the City Council Chamber Conference Room, MiC~M!r I ATTEST: -? ,-fLK ~ ~s H, Barrows, City Clerk I 09-18-2007 8