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HomeMy WebLinkAboutOCTOBER 2,2007 I I I 49:0125 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 2. 2007 CALL TO ORDER Mayor Segal called the Special Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: ABSENT: Council/Agency Member Amundson, Chandler, Harbicht, Wuo and Segal None 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. STUDY SESSION a. Report, discussion and direction regarding Retiree Medical Insurance Program- GASB 45 Actuarial Valuation. City Manager Bill Kelly provided an overview of GASB 45 regarding retiree medical insurance, He explained the new public reporting and disclosure obligations of local governments regarding unfunded post employment benefit programs for employees; he noted that the City completed its valuation for the City's retiree medical insurance program for fiscal year ending June 30, 2007 and that the actuarial valuation is based upon program provisions, employee data and financial information. Mr. Kelly noted that the City does not have to implement GASB 45 until the 2008-2009 fiscal years. b, Report, discussion and direction regarding the Parks and Recreation Master Plan and Park Facilities Impact Fee Report, City Manager Bill Kelly discussed the purpose and intent of the Parks and Recreation Master Plan, Susan Jones of M,I.G, Inc. (Fullerton Office) provided background on the Strategic Plan which prompted the Parks and Recreation Master Plan; she noted that the City had information concerning parks and recreation facilities in a variety of sources and worked with the Public Works Services and Recreation and Community Services staff to consolidate information and combine all of the City's studies and reports concerning parks and facilities into one master plan document. She explained that sections from the City's General Plan Update concerning Recreation and Open Space, the Playgrounds Safety Audit and Parks Infrastructure Analysis, the Recreation and Community Services Strategic Plan, and the Arcadia Youth Master Plan are summarized and included as part of the Parks and Recreation Master Plan. She noted that the 10-02-2007 1 49:0126 existing park fee structure was reviewed to establish a park standard to ensure that future recreation needs are being met and further noted that park fees have not been adjusted since I 1963 and were considered low for today's market cost to acquire land or develop facilities, and noted that the park fee is designed to provide recreation facilities for the community for future growth and should have been reviewed periodically and adjusted for inflation to keep pace with the cost to develop additional parks and facilities, Marshall Eyerman of MuniFinancial (Temecula Office) provided an overview of the proposed Park Facilities Impact Fee Study and explained the need for a park impact fee for new residential development and the expansion of existing residential properties so that new development pays the capital costs associated with growth, He noted that the types of projects that could be funded with park facilities impact fees are the acquisition of parkland, adjacent street improvements, and typical park improvements such as landscaping, irrigation and play structures, special use facilities and structures such as restrooms, sports complexes and buildings and to expand facilities. He explained that park impact fees can only be used for "new" facilities or to "expand facilities" and cannot be used to update existing facilities, He further explained how the proposed park impact fees were developed and how the fee is based on square footage of proposed projects to cover increasing the size of existing homes. He discussed the proposed fees for single family and multi family residential projects. It was the consensus of the City Council that a public hearing be set regarding the park facilities impact fee by the end of the year and that the appropriate resolution be prepared for adoption of the Parks and Recreation Master Plan, It was also the consensus that the proposed Parks and Recreation Master Plan be forwarded to the Recreation and Parks Commission for their input. c. Report, discussion and direction regarding selection of Acting Mayor for October 16, 2007 City Council Meeting. I It was the consensus of the City Council that Council Member Chandler be appointed Acting Mayor at the October 16, 2007 due to the absence of Mayor Segal and Mayor Pro Tem Bob Harbicht. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Regular Meeting at 7:00 p,m, in the Council Chamber. INVOCATION Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE Janet Sporleder, Director of Library & Museum Services ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: ABSENT: Council/Agency Member Amundson, Chandler, Harbicht, Wuo and Segal None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY I SESSION ITEMS 10-02-2007 2 I I I 49:0127 City Attorney Steve Deitsch reported that the City Council/Redeveloprnent Agency Board met in closed session to consider the one (1) item listed on the posted agenda under closed session for the Special Meeting, No reportable action was taken, The City Attorney also reported that the City Council conducted a study session and (1) received a draft report concerning a Parks and Recreation Master Plan and provided direction to staff to forward the Master Plan to the Parks & Recreation Commission for its consideration and recommendation; and also directed staff to bring back to a future City Council public hearing, the Park Facilities Impact Fee for consideration; (2) received a report regarding the retiree medical insurance program GASB 45 actuarial valuation and explained the new public reporting and disclosure obligations of local governments regarding unfunded post employment benefit programs for employees, no action was taken, He explained the funding decision regarding this program will be made at the time of adoption of the 2008-09 budget; and (3) the City Council appointed Council Member Roger Chandler as Acting Mayor to preside over the October 16th City Council meeting. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Bill Kelly announced that Public Hearing Item 1b was withdrawn by the applicant. 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. PRESENTATIONS a. Presentation of Proclamation Designating October as Fire Prevention Month. 1. PUBLIC HEARING a. CONTINUED PUBLIC HEARING CONCERNING APPEAL OF CONDITIONAL USE PERMIT 2007-07 AND ARCHITECTURAL DESIGN REVIEW 2006-23 FOR A PROPOSED LA FITNESS HEALTH CLUB AND RELATED PARKING MODIFICATION AT 1325 S, BALDWIN AVENUE. Recommended Action: Approve City Attorney Steve Deitsch explained the purpose of the continued public hearing item and the tie vote at the last City Council meeting. In response to a question by Mr. Deitsch, Council Member Harbicht responded that he read the minutes of the September 18, 2007 City Council meeting and viewed the video tape regarding the public hearing appeal of Conditional Use Permit 2007-07 and Architectural Design Review 2006-23 for a proposed L, A. Fitness Club and related parking modification at 1325 S, Baldwin Avenue, Mr. Deitsch commented that due process was accorded the appellant, the project applicant and all interested parties that commented at the public hearing on September 18, 2007 and the 10-02-2007 3 49:0128 public hearing can proceed as a continued public hearing with Council Member Harbicht participating, I Mr. Deitsch advised that the Mayor reopen the public hearing and proceed with or without a staff report presentation since a full staff report was made at the last City Council meeting. He advised the Mayor that once the public hearing is reopened he should inquire if the City Council has questions or comments for the applicant or staff. Mayor Segal reopened the continued public hearing, Michael Pashaie, owner Arcadia Hub Shopping Center appeared and spoke in favor of the L.A. Fitness Health Club; he provided the City Council with a brief history of L,A, Fitness; he commented on the traffic and parking studies conducted the proposed design of the entire shopping center, a proposed 24 hour security guard at the center and additional parking, Tiffany Ti, a resident, appeared and spoke in opposition of the proposed 24 hour of operation of the L,A. Fitness Health Club; she shared concerns regarding crime, the safety of surrounding neighborhoods, the increase in traffic and shortage of parking spaces. Mike Callahan of L,A, Fitness International appeared and spoke regarding the parking and traffic studies conducted, Pat Amus, a resident, appeared and spoke in opposition of the L.A. Fitness Health Club; she shared concerns regarding traffic and parking issues, the peace and quiet of the neighborhood and the 24 hours of noise. Ron Hirsch, traffic consultant for the owners of the Shopping Center appeared and commented I in favor of the traffic and parking studies conducted, Tom Pashaie, owner of the Arcadia Hub Shopping Center appeared and spoke regarding the parking issues, traffic concerns and commented on employee parking; he noted that 31 tenants of the Shopping Center signed the petition submitted to the City support L,A, Fitness in the center. Catherine Kim, a resident appeared and spoke in opposition of the LA Fitness Health Club and expressed concerns regarding the 24 hours of operation, parking and an increase in traffic in the area, Marco Oliveros, employee of Goldenwest Properties (Owners of Arcadia Hub Shopping Center) appeared and spoke regarding the parking issues and employee parking situation at the center, Hector Lucero, a resident appeared and spoke in favor of the L.A. Fitness Health Club, Mayor Segal noted for the record that a Petition was received by City signed by tenants of the Arcadia Hub Shopping Center in support of the proposed L.A, Fitness Health Club. 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. I 10-02-2007 4 I I I 49:0129 Mr. Wuo commented that if the project is approved, he would like to see the driveway west at of Baldwin Avenue become a "right in and right out" exit only; and also commented that he would like to see the hours changed from 24 hours operation consistent with the other L.A. Fitness Center hours for the benefit of the residents who live in the area of the proposed project. In response to the "right in and right out" exist only question by Council Member Wuo, City Engineer Phil Wray responded that staff can look into how that can be achieved. Mr, Deitsch asked if a change as proposed by the applicant regarding the number of parking spaces that would be restricted to 45 minute parking. In response to the question by Mr, Deitsch, Mr. Kruckeberg responded that it would be up to the City Council. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to deny the appeal and approve Resolution No, 6592 approving Conditional Use Permit 2007-07 and Architectural Design Review 2006-23 to convert the existing 43,544 square foot Ross Dress for Less Store to a new LA Fitness Health Club with a parking modification at the Arcadia Hub Shopping Center at 1325 S. Baldwin Avenue, AYES: NOES: ABSENT: Council/Agency Member Chandler, Harbicht and Segal Council Member Amundson and Wuo None b. CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT NO. CUP 07-05 (PLANNING COMMISSION RESOLUTION NO. 1764) TO EXPAND THE EXISTING 2,280 SQUARE-FOOT TUTORIAL CENTER (NOBEL EDUCATION INSTITUTE) BY AN ADDITIONAL 1.500 SQUARE FEET FOR A TOTAL OF APPROXIMATELY 3.780 SQUARE FEET TO ACCOMMODATE A TOTAL OF 75 STUDENTS, AND TO HAVE AT LEAST 60 STUDENTS TRANSPORTED TO HOLLY AVENUE ELEMENTARY SCHOOL FOR RECREATIONAL ACTIVITIES AND PICK-UP, Recommended Action: Denial of the Conditional Use Permit (PUBLIC HEARING ITEM 1b WAS WITHDRAWN BY THE APPLICANT) PUBLIC COMMENTS Zheng Quo appeared and spoke regarding vital organ sales in China and urged the City to issue a statement and advise City residents not to travel to China for organ transplantation. Flora Ge appeared and spoke regarding her different illnesses throughout her life, removal of organs for profit, issues concerning concentration camps in China and the release of Fallen Gun practitioners by the Chinese Communist Party, Bin Li appeared and spoke regarding the prosecution and the removal of organs from Fallen Gun practitioners for profit by the Chinese Community Party in China. The Mayor announced that the Brown Act allows public speakers to address the City Council on matters affecting the City of Arcadia and noted that no further speakers regarding the subject of organ transplantation and prosecution of Fallen Gun practitioners in China will be allowed. 10-02-2007 5 49:0130 Mario Duron appeared and spoke regarding a speeding ticket he received and requested that a speed limit sign be posted on Goldenwest. Mr. Kelly advised Mr. Duron of the California Vehicle Code regarding the speed limit in residential areas and the process for appealing his speeding ticket through the Court. I Alene Scwenskowski appeared and thanked the City Council for addressing the Eisenhower Park issue, REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo thanked City staff for taking care of the Eisenhower Park issue; and congratulated the Chamber of Commerce, sponsors and restaurants that participated in the Taste of Arcadia event which was a great success and well attended. Council Member Harbicht noted that he brought back a tube of mustard from his trip to Germany for each City Council Member; he commented that 1,874 kids signed up for the summer reading program and read 38,904 hours during the summer, 45,896 calls were made to the Library reference section; and there are 59 public computers at the library for use to the public at no cost; he noted that the Friends of the Library donated $60,000 to the Library and that there are 280 volunteers at the Library who volunteered over 11,000 hours during the year. He commended Janet Sporleder, Director of Library and Museum Services and her staff for a terrific report and job, Council Member Amundson noted that he attended a workshop on Planning Commissioner I Training and noted some of the sessions he attended; he noted that he went on a tour with Mr. Malloy, the Director of Public Works Services to take sediment out of Santa Fe Damn; he also noted that Mr. Malloy provided him with an update on the County keeping trucks off the highway; he commended the Police and Recreation and Community Services departments for their actiOns in handling the Eisenhower Park issue and he also thanked the Mrs. Scwenskowski for coming out and thanking the staff, He noted that he and his family attended the Taste of Arcadia which was a great event. Council Member Chandier had nothing to report. Mayor Segal congratulated the Chamber of Commerce on a terrific event and evening. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a, REGULAR MEETING MINUTES OF SEPTEMBER 18. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF SEPTEMBER 18, 2007. Recommended Action: Approve I 10-02-2007 6 I I I 49:0131 c, AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALL AMERICAN ASPHALT FOR THE DUARTE ROAD REHABILITATION PROJECT IN THE AMOUNT OF $997.200. Recommended Action: Approve d. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH D&J FOOTHILL ELECTRICAL CONTRACTORS, INC, FOR THE REPLACEMENT OF THE LONGDEN AVENUE PARK BASEBALL FIELD BACKSTOP IN THE AMOUNT OF $61,760. Recommended Action: Approve e, ACCEPT ALL WORK PERFORMED BY INSPECTION ENGINEERING CONSTRUCTION FOR THE 2006/2007 ANNUAL CONCRETE REPAIR PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SUBJECT TO STOP NOTICES. Recommended Action: Approve A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to approve items 2.a through 2,e on the City Council/Agency Consent Calendars with the recommended revised language in items 2a and b, AYES: NOES: ABSENT ABSTAIN: Council/Agency Members Chandler, Harbicht, Amundson, Wuo and Segal None None Council/Agency Member Harbicht (Consent items 2a and b), 3. CITY MANAGER a. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENSION WITH MUNIFINANCIAL INC. FOR THE ESTABLISHMENT OF CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT AND AREA 8 IN THE AMOUNT OF $143,230 AND APPROPRIATE $157.230 FROM THE GENERAL FUND'S UNAPPROPRIATED FUND BALANCE TO PROCEED WITH THE PROJECT, Recommended Action: Approved Public Works SeNices Director Pat Malloy provided a brief summary and background on the potential formation of a citywide and Area 8 (Santa Anita Oaks Homeowner's Association) street lighting assessment districts. Deputy Public Works SeNices Director Tom Tait provided an oveNiew on the current street lighting districts and provided information on the different zones including the process of the formation of the street lighting assessment district via the Landscape and Lighting Act of 1972 documents. He discussed the request received from the Santa Anita Oaks Homeowner Association to upgrade their lights to a more decorative street lighting pole and fixture, Management Analyst Maria Aquino Management Analyst discussed MuniFinancial's proposal in assisting the City with the process of forming the proposed citywide street lighting assessment district including preparation of the required assessment documents, timelines to meet County Tax role deadlines, assist with the balloting process and public outreach efforts, 10-02-2007 7 '" 49:0132 A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler and carried on roll call to enter into a contract extension with Munifinancial I Inc. for the establishment of a Citywide Street Lighting Assessment District and Area 8 in the amount of $143,230 and appropriate $157,230 from the general fund's unappropriated fund balance to proceed with the project. AYES: NOES: ABSENT: Council/Agency Members Harbicht, Chandler, Amundson, Wuo and Segal None None b, EISENHOWER MEMORIAL PARK RECREATION USAGE. Recommended Action: Provide Direction Mr. Kelly provided the staff report regarding the recent basketball tournaments at Eisenhower Park and provided an outline of alternatives for consideration, Mr. Kelly noted that Ilt this time, staff recommends suspension of organized basketball tournaments in City parks. A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Wuo and carried on roll call to suspend organized basketball tournaments in City Parks, AYES: NOES: ABSENT: Council/Agency Members Amundson, Wuo, Chandler, Harbicht and Segal None None After discussion, Council Member Wuo suggested, with the consensus of the City Council, that I the Recreation and Parks Commission review uses and regulations at all city parks and report back to the City Council. c, APPROVE AN AMENDMENT TO THE BEST BEST & KRIEGER AGREEMENT FOR CERTAIN LEGAL SERVICES REIMBURSED TO THE CITY BY THIRD PARTIES. Recommended Action: Approve City Manager Bill Kelly provided the staff report regarding an amendment to the Best Best & Krieger Agreement for certain legal services reimbursed to the City by third parties, He noted that the amendment would allow Best Best & Krieger to bill the City at "private law" billing rates less 10% for services reimbursed to the City by third parties. Mr. Kelly noted that this amendment does not affect the rates the City pays for City Attorney services. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler and carried on roll call to approve and amendment to the Best Best & Krieger Agreement for certain legal services reimbursed to the City by third parties, AYES: NOES: ABSENT: Council/Agency Members Harbicht, Chandler, Amundson, Wu and Segal None None I 10-02-2007 8 49:0133 ADJOURNMENT I The City Council Redevelopment Agency adjourned this meeting at 9:35 p,m, to October 16, 2007 in the City Council Chamber Conference Room. ATTEST: I I 10-02-2007 9