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HomeMy WebLinkAboutDecember 2,200850: 0166 ' CITY COUNCILIREDEVELOPMENTRGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 2, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report, discussion and direction concerning recent court developments regarding Utilities Users Tax issues. Jim Priest, Esq. of Best Best & Krieger (City Attorney office) provided a report to the City Council regarding recent court developments on Utility Users Tax issues. He discussed recent litigation, Proposition 218, outdated exemptions currently in the City's UUT Ordinance. He further discussed telecommunication amendments to the UUT Code and special election issues. The City Council directed staff to prepare a clean up ordinance to address telecommunication and bring back resolutions for a special election on April 21, 2009 at the December 16, 2008 meeting. b. Report, discussion and direction regarding closure of certain City Hall facilities on Friday, December 26, 2008. Mr. Penman reported that he has received a request from two bargaining unit representatives requesting consideration be given that City Hall be closed December 26, 2008 and that each employee would use their own time. He noted that because Public Works Services and Community Services will be open, he recommends that City Hal! remain open as well. The City Council concurred with the recommendation of Mr. Penman that City Hall offices remain open to the public on December 26, 2008. CLOSED SESSION a. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield. LLC. et al. v. City of Arcadia. et al. and Caruso Prooertv Management. Inc. et al. (Real Parties in Interests (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. Citv of Arcadia and Magna Entertainment Corporation (Real Parties in Interestl (Los Angeles Superior Court Case No. BS1 D8937). 12-02-2008 50:0167 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Steve Bush, Church of the Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE Fire Chief Tony Trabbie ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEYIAGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to consider the one Item listed on the posted agenda under closed session and further reported that 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 CouncillAgency 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 "A Day without a Plastic Bag" proclamation to Heal the Bay. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. n J 12-02-2008 Environmental Quality Act. Recommended Action: Approve 50: 0168 Jerry Schwartz, Economic Development Manager reported that staff has been working with Rusnak to expand its Mercedes-Benz dealership. He reported that Rusnak would like to utilize 35 W. Huntington Drive (the Arcadia Self Storage) and 21 Morlan Place (the Church in Arcadia) which were purchased by the Redevelopment Agency for the Rusnak expansion project. Mr. Schwartz further reported that Rusnak would like to use two floors of the Arcadia Self Storage building for auto parts storage and the Church property for auto storage and parking. He explained deal points and terms of the lease agreements and noted that the uses proposed by Rusnak were approved by the Planning Commission and Redevelopment Agency. A motion to close the public hearing was made by Agency Vice Chair Wuo, seconded by Agency Member Chandler and seeing no further objection, the Agency Chair declared the public hearing closed. Agency Chair Harbicht opened the public hearing. It was moved by Agency Vice Chair Wuo, seconded by Agency Member Chandler and carried on roll call vote to authorize the Executive Director to execute short term leases with Rusnak/Arcadia for properties at 35 West Huntington Drive and 21 Morlan Place subject to renegotiations or technical changes required to complete the transactions and adopt a categorical exemption from CEQA regarding the leases. AYES: Council/Agency Member Wuo, Chandler, Amundson, Kovacic and Harbicht NOES: None ' ABSENT: None CITY COUNCIL ITEMS: b. Fire Suppression Systems at restaurants in Arcadia. Recommended Action: Deny appeal and uphold revocation Jim Kasama, Community Development Administrator reported that on September 8, 2008, the business license for Alpha Systems was revoked at the request of the Fire Department for non- compliance and repeated violations regarding the installation and maintenance of commercial kitchen fire suppression systems at various restaurants in Arcadia. He further reported that the owner/operator of Alpha Systems filed an appeal with the Business License Review Board on September 15, 2008 and recommended that the business license be upheld. Mr. Kasama provided a summary of continued violations by Alpha Systems Inc. including the City's business license revocation process and recommended that the City Council deny the appeal and the revocation of the business license be upheld. Mark Kirkorian, Fire Marshal provided a summary of violations of the California Code of Regulations, Title 19, Section 906 by Alpha Systems from September 2004 through November 19, 2008. He explained the revocation hearing process by the Business License Review Board and further explained that Alpha Systems currently does not have a business license but is pending the outcome of the revocation proceeding. Mayor Harbicht opened the public hearing. 12-02-2008 50:0169 Jason Pivnik, owner/operator of Alpha Systems, Inc. appeared and spoke in oppbsition of the Business License Review Board's decision and recommendation to the City Council to permanently revoke their business license and uphold the decision of the Business License Review Board. Jordon Pivnik, co-owner/operator of Alpha Systems appeared and also provided testimony regarding the decision of the Business License Review Board. Jill Perumean, Fire Inspector provided a summary of her inspections and interactions with Alpha Systems including State tagging requirements and processes. A motion to close the public hearing was made by Mayor Pro Tem Wuo, seconded by Council Member Kovacic and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to deny the appeal and uphold the revocation of the Business License Review Board for Alpha Systems, Inc. AYES: Council Member Chandler and Wuo NOES: Council Member Amundson, Kovacic and Harbicht ABSENT: None After further discussion by the City Council and staff, Council Member Amundson made a motion to reconsider the prior motion, seconded by Mayor Pro Tem Wuo and carried on roll call ' vote to deny the appeal and uphold the revocation of the Business License Review Board for Alpha Systems, Inc. AYES: Council Member Amundson, Wuo, Chandler, Kovacic and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Marina Chen and other members of her Girl Scout Troop appeared and made a presentation regarding Climate Connection. Lisa Lucas, Foothills Middle School PTSA President provided a report on student and school activities. She reported that their 2008 Academic Performance Index score was 955 out of 100 which makes Foothills Middle School the 12`h top middle school in the State. REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Chandler announced that the City Council participated in the 55`h annual Festival of the Bands. Council Member Wuo thanked the City Council for their discussion during the public hearing process. He announced that December 6`" is Breakfast with Santa, December 13`" is the ' Holiday Snow Festival and there will be about 40 tons of snow and encouraged everyone to attend. He announced that the City has suspended overnight parking restrictions during the holiday to accommodate guests visiting from December 14` through January 4'h' He wished 12-02-2008 4 50: 0170 ' everyone Happy Holidays and reminded everyone that there is crime during the holidays and encouraged residents to be careful and safe while out shopping. Council Member Kovacic commented and commended the Girl Scouts presentation. He announced the schedule of free concerts at the Library; he provided information regarding free computer classes at the Library courtesy of the Library Foundation and other related computer courses. Council Member Amundson announced that the holiday decorations are up along Huntington Drive between Santa Clara and Fifth Avenue; he announced that beginning December 6" through February 7, 2009 there will be an exhibit at the Ruth and Charles Gilb Museum exploring how other countries celebrate the holidays and urged everyone to stop by. City Clerk James Barrows gave a brief report on the Festival of Bands and thanked everyone who participated. He congratulated Mr. Kovacic for being listed as one of "2009 Best Lawyers" in last Sunday's newspaper. Mayor Harbicht announced promotions in the Police Department effective January 4, 2009 - Sergeant Coleen Flores will be promoted to Lieutenant; Sergeant Ray Nakamura will be promoted to Lieutenant; Officer Stan Flores will be promoted to Sergeant; Officer Jason Davis is promoted to Sergeant and effective January 18, 2009, Detective Vaughn Whalen will be promoted to Sergeant. He thanked each of them for their hard work and dedication to the City on behalf of the citizens of Arcadia. 2. CITY CLERK'S REPORTS a. A~oointment to Human Resources Commission. Recommended Action: Make appointment to fill unexpired term. City Clerk Jim Barrows reported on a recent vacancy on the Human Resources Commission; he noted that five resumes were on fle from the June 2008 appointment and only two individuals expressed an interest in serving on the Human Resources Commission. Mr. Barrow explained that the City Council can make an appointment from the two resumes or direct staff to advertise the vacancy to allow additional citizens to submit resumes for consideration at a future City Council meeting. Council Member Chandler nominated Joan Francone to fill the unexpired term of Peter Ulrich which expires June 30, 2011. Seeing no other nominations, the City Council unanimously appointed Joan Francone to fill the unexpired term of Peter Ulrich ending June 30, 2011 to the Human Resources Commission. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 12-02-2008 50: 0171 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of November 18. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meetino Minutes of November 18. 2008. Recommended Action: Approve c. d. Adopt Resolution No. 6654 approving the Identity Theft Prevention Program in accordance with the Fair and Accurate Credit Transaction Act of 2003. Recommended Action: Adopt e. Adopt Resolution No. 6657 approving and adopting an amended Appendix to the Citv's Conflict of Interest Code pursuant to the Political Reform Act of 1974. Recommended Action: Adopt Award aone-vear extension to the Professional Services Agreement between the Citv of Arcadia and The Ferguson Group for Federal Legislative Advocacy Services in the amount not to exceed $65.000. Recommended Action: Approve A motion was made by Council/Agency Member Chandler, seconded by CounciilAgency Member Amundson and carcied on roll call vote to approve items 3.a through 3.f on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 4. CITY MANAGER/EXECUTIVE DIRECTOR Adopt Resolution No. 6661 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the Arcadia Citywide Street Liohtino District 2009-1 commencing in Fiscal Year 2009-2010. Recommended Action: Adopt Pat Malloy, Assistant City Manager/Public Works Services Director provided a summary of the proposed formation of the Arcadia Citywide Lighting District. Mr. Malloy reported that a total of 4,987 valid ballots were received; 2,457 were "Yes" with a total weighted assessment of $62,194.26 and 2,530 ballots voted "No" having a total weighted assessment of $83,380.82. He further reported that for the assessment to pass, the total amount of "yes" ballot assessments ~l 12-02-2008 Recommended Action: Approve 50: 0172 had to be equal to or exceed the total amount of "no" ballot assessments. He explained that based on the results of the ballots received, a majority protest exists therefore staff recommends that the City Council abandon the formation of the Citywide Street Lighting Assessment District and adopt Resolution No. 6661. It was moved by Council Member Kovacic, seconded by Mayor Pro Tem Wuo and carried on rdll call vote to adopt Resolution No. 6661 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the Arcadia Citywide Street Lighting District 2009-1 commencing in Fiscal Year 2009-2010. AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht NOES: None ABSENT: None b. Resolutions and Ordinances rescindina proiect approvals relating to "The Shoos at Santa Anita Park". Recommended Action: Adopt Adopt Resolution No. 6659 repealino Resolution No. 6565 which concerned General Plan Amendment No 05-01 pertainino to "The Shoos at Santa Anita Park Specific Plan". Recommended Action: Adopt The Shops at Santa Anita Park Proiect. Recommended Action: Adopt City Attorney Steve Deitsch presented the staff report rescinding all project approval resolutions and ordinances relating to "The Shops at Santa Anita Park" which were approved by the City Council. Mr. Deitsch reported that on April 17, 2007, the City Council adopted three resolutions and on May 1, 2007 adopted three ordinances approving various aspects of the Project. He further reported that since the adoption of the resolutions and ordinances, a court order has made it necessary to set aside and void certification of the Final EIR for the Project and also set aside and void approvals granted by the City in relation to the Project. Mr. Deitsch noted that in order to comply with the court order, the City Council must consider and adopt the three resolutions and three ordinances presented for adoption. He further noted that in order to further comply with the court order the City is dealing with certain elements of the Final EIR which the Court determined should be revised. It was moved by Mayor Pro Tem Wuo, seconded by Council Member Amundson and carried on roll call vote to: 12-02-2008 50: 0173 (1) adopt Resolution No. 6658 decertifying the final Environmental Impact Report for The Shops at Santa Anita Park Specific Plan Project and repealing adoption of Resolution No. 6564 which concerned environmental findings pursuant to the California Environmental Quality Act, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; (2) adopt Resolution No. 6659 repealing Resolution No. 6565 which concerned General Plan Amendment No. 05-01 pertaining to "The Shops at Santa Anita Park Specific Plan"; and (3) adopt Resolution No. 6660 repealing Resolution No. 6566 which concerned approval of Architectural Design Review and Design Guidelines with respect to The Shops at Santa Anita Park Project. AYES: Council Member Wuo, Amundson, Chandler, Kovacic and Harbicht NOES: None ABSENT: None Introduce Ordinance No. 2252 reoealing Ordinance No. 2228 which concerned a Development Agreement between the Citv of Arcadia and Santa Anita Associates. LLC. Recommended Action: Introduce Introduce Ordinance No. 2253 reoealing Ordinance No. 2226 which concemed the adoption of "The Shops at Santa Anita Park Specific Plan". Recommended Action: Introduce It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to: (1) introduce Ordinance No. 2252 repealing Ordinance No. 2228 which concerned a Development Agreement between the City of Arcadia and Santa Anita Associates, LLC.; (2) introduce Ordinance No. 2253 repealing Ordinance No. 2226 which concemed the adoption of "The Shops at Santa Anita Park Specific Plan"; and (3) introduce Ordinance No. 2254 repealing Ordinance No. 2227 which concerned zoning changes pertaining to The Shops at Santa Anita Park Project. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None ~~ 12-02-2008 50: 0174 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 9:30 p.m. to Tuesday, December 16, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. ~~f~~ Robert C. Harbicht, Mayor ATTEST: ~~ ---- James H. Barrows, City Clerk rl 12-02-2008