HomeMy WebLinkAboutSeptember 16,200850: 0123
CITY COUNCILIREDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 16, 2008
CALL TO ORDER
Mayor Harbicht called the Special Meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL/REDEVELOPMENTRGENCY MEMBERS:
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
STUDY SESSIONlCLOSED SESSION PUBLIC COMMENTS (5 minutes per person}
None
STUDY SESSION
a. Report, discussion and direction regarding proposed Redevelopment Agency Tax
Allocation Bond issue.
Mr. Penman noted that a few months ago staff discussed with the City Council options for the
' refunding of the 2001 Redevelopment Tax Allocation Bonds and the issuance of new 2008 Tax
Allocation Bonds. He noted that at that meeting, the City Council directed staff to monitor bond
market conditions in order to determine if tax-exempt and taxable interest rates improve enough
to warrant moving fonvard with a refunding of the 2001 Tax Allocation Bonds and move forward
with the issuance of additional bonds to generate taxable new money proceeds for the
Redevelopment Agency.
Mr. Penman introduced Darryl Street of Fieldman Rolapp & Associates and Kurt Yeager,
Stradling, Yocca Carlson and Routh who were present and discussed options for refunding the
2001 Tax Allocation Bonds and Issuing New 2008 Tax Allocation Bonds in addition to the
capacity to issue additional Bonds in today's market, the need to fund Housing Fund cumulative
obligation, and the use of bond proceeds and Subordination of Statutory Pass-Thru payments
and recommendations.
Mayor Harbicht suggested that a list be prepared showing the amount of money the Agency
currently has, current obligations and what the projected annual obligation would be on the debt
with a new bond issue in addition to a list of proposed projects including the cost involved and
bring it back to the City Council on October 7'" and the City Council agreed.
CLOSED SESSION
a. Pursuant to Government Code Section 54956.8 to confer about the Exclusive
Residential Waste Hauling Contract.
Property: Franchise to Use All City Streets, Alleys and Rights-of-Way
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Citv Negotiators: Assistant City Manager/Public Works Services'Directorgnd '
Management Analyst
Negotiating Parties: City of Arcadia and Waste Management Inc. (Darrell Kato and
Susan Moultan)
Under Negotiation: Price and Terms of Payment.
b. Pursuant to Government Code Section 54956.8 to confer with real property negotiators:
Pro a :Arcadia Par 3 Goif Course (620 E. Live Oak Avenue, Arcadia]
City Negotiators: Assistant City ManagerlPublic Works Services Director and City
Attomey
Negotiating Parties: City of Arcadia and American Golf Corporation (Paul Ballam and
Scott Thompson, Esq.)
Under Negotiation: Price and Terms of Payment
RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:10 p.m.
INVOCATION
Reverend Raymond Petzholt, Mandarin Baptist Church
PLEDGE OF ALLEGIANCE
Assistant City Manager/Public Works Services Director Pat Malloy
ROLL CALL OF CITY COUNCILIREDEVELOPMENTRGENCY MEMBERS:
PRESENT: CouncillAgency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
REPORT FROM CITY ATTORNEYIAGENCY COUNSEL ON STUDY SESSIONICLOSED
SESSION ITEMS
City Attorney Steve Deitsch reported that the Redevelopment Agency Board conducted a Study
Session concerning a proposed Redevelopment Agency Tax Allocation Bond issue and directed
staff to come back with additional information at a Study Session to be held on October 7, 2008.
In addition, Mr. Deifsch reported that the City Council met in Closed Session to consider the two
(2) items listed on the posted Notice of Special Meeting agenda, no reportable action was taken.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
Mr. Penman noted a change made to Ordinance No. 2246 which was distributed to the City
Council and will be addressed under Public Hearing Item 1.b relating to gardeners and
landscapers.
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MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council/Agency Member Chandler, seconded by Mayor Pro Tem Wuo
and carried on roll call vote to read all ordinances and resolutions by title only and waive the
reading in full.
1. PUBLIC HEARING
CITY COUNCIL ITEMS:
a. Resolution No. 6644 aoprovino aTax-Exempt Bond Financing to be issued by
Recommended Action: Adopt
City Manager Don Penman reported that on April 1, 2008, the City Council conducted a public
hearing and adopted Resolution No. 6617 approving tax-exempt bond financing to be issued by
the California Statewide Communities Development Authority (CSCDA) to benefit Methodist
Hospital in the amount of $280,000,000 to upgrade existing facilities and a new North Tower.
He further reported that since that time, Methodist Hospital has increased the borrowing amount
to $330,000,000 due to changed conditions in the financing market, an increase in estimated
project costs and a decision to increase borrowing to 100% of the project's costs. He noted that
the newly proposed financing again requires the approval of the elected body of the
governmental entity having jurisdiction over the area where the project to be financed is located.
He further noted that the City is merely required to express support of CSCDA's issuance of the
bonds to finance the capital improvements and that the City does not have any financial or legal
responsibility in this action and recommended adoption of Resolution No. 6644.
Mayor Harbicht opened the public hearing.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Kovacic and seeing no further objection, the Mayor declared the public hearing
closed.
It was moved by Council Member Kovacic, seconded by Council Member Amundson and
carried on roll call vote to adopt Resolution No. 6644 approving aTax-Exempt Bond Financing
to be issued by the California Statewide Communities Development Authority to benefit
Methodist Hospital of Southern California.
AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht
NOES: None
ABSENT: None
a.
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Jason Kruckeberg, Development Services Director reported that 12 text amendments were
being proposed and are considered clean-up and streamlining of current ordinances. He noted
that the text amendments were based primarily on staff and Planning Commission experiences
and are designed to provide efficiency in the City's land use regulations.
Jim Kasama, Community Development Administrator noted that 11 of the 12 text amendments
are zoning regulations, one is a noise related regulation which establishes the hours of
operation for gardeners and landscapers to operate lawn mowers and leaf blowers. Mr.
Kasama further noted that a proposed change relates to tree trimming equipment and hours of
operation is being proposed. He reported that the Planning Commission has considered the
proposed text amendments and recommended one change to the hours of operations for
gardeners and landscapers. Mr. Kasama provided a summary of the proposed changes relating
to: entry ,requirements, accessory buildings, driveways, corner lots-indentation/projection
requirements, exterior lighting in single family and multi-family residential zones, equipment and
facilities, nonconforming uses and structures, fence regulations in residential zones, prohibiting
health clubs in the M-1 and M-2 zones, off-street parking requirements for health clubs, hours of
operation for gardeners and landscapers and items being proposed to the Administrative
Modification list which are not subject to a hearing, but require the consent of adjoining
neighbors. Mr. Kasama recommended introduction of Ordinance No. 2246 relating to the hours
of operation for gardeners and landscapers and adding various sections to the zoning
regulations and general provisions.
Mayor Harbicht opened the public hearing.
A motion to close the public hearing was made by Mayor Pro Tem Wuo, seconded by Council
Member Chandler 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 Introduce Ordinance No. 2246 amending the Arcadia Municipal Code by adding
a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for
gardeners and landscapers and amending and adding various Sections to Article IX (Zoning
Regulations and General Provisions) with recommended revision regarding tree trimming hours
of operation on Sundays.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
c. Introduce Ordinance No 2247 amendino Sections 9250 3 6 9251 2 6 ar
the Arcadia Municipal Code reoardino single-family residential ga
reouirements.
Recommended Action: Introduce
Jason Kruckeberg, Development Services Director noted that the City Council previously
expressed concern that current single-family garage parking requirements were inadequate for
the larger homes being built and has caused concern because inadequate parking results in
numerous vehicles being parked in the driveway or on the street.
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Jim Kasama, Community Development Administrator explained that the current code requires a
2 car garage for a new or rebuilt single-family dwelling with up to four bedrooms and a three car
garage with flue or more bedrooms. He noted that a three car garage is the most that is
required regardless of the number of bedrooms or total square footage of the house and the
proposed text amendment will require garage parking to be provided at a rate of one space for
every two bedrooms in the main dwelling with a minimum of two spaces required and provided a
definition of a bedroom for the purpose of calculating the parking requirement. He further noted
that the amendments include a requirement that the garage parking spaces have minimum clear
interior dimensions of 10 feet wide by 20 feet long and remain free of obstructions. He
commented that in staffs opinion the proposed Text Amendment will address the inadequacies
of the single-family garage parking requirements but will not address how residents actually
utilize their covered parking and recommended introduction of Ordinance No. 2247.
Mayor Harbicht opened the public hearing.
Mario Duron appeared and spoke in support of the proposed text amendment regarding single-
family residential garage parking requirements and recommended that the garage size be
considered to accommodate larger vehicles.
Robert Tong, Architect/Designer in Arcadia appeared and suggested that the City base the
number of garage spaces on the square footage of the home instead of the number of
bedrooms and suggested the City consider excluding rooms that are not bedrooms.
A motion to close the public hearing was made by Council Member Chandler, seconded by
' Mayor Pro Tem Wuo and seeing no further objection, the Mayor declared the public hearing
closed.
It was moved by Mayor Harbicht, seconded by Council Member Chandler and carried on roll call
to continue the public hearing to October 21, 2008 and bring back suggested recommendations
regarding single family residential garage parking.
AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo
NOES: None
ABSENT: None
PUBLIC COMMENTS
Stella Ross appeared and spoke regarding issues relating to her homeowner association and
recommended that the City oversee homeowner associations in town. She also suggested a
children's book contest with their stories bound in a book.
Mario Duron appeared and spoke about the lack of parking at the Bowling Square on Baldwin
Avenue. He thanked the City for putting two speed limit signs on his street and noted that he
received a ticket for not completely stopping at First Avenue and Genoa and requested the City
check the stop sign line because he felt that it is too far back.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
' Council Member Chandler noted that at the last City Council meeting he reported that the police
apprehended four burglary suspects in the Cambridge/Harvard/Stanford areas and that they
were all repeat parolees offenders and tomorrow is the preliminary hearing. He reported that
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today, the Police Department received a call that a couple was knocking on doors saying their 1
dog was lost and could they check the backyard for their dog and reported that all three
individuals were taken into police custody and they had criminal records; the police recovered
jewelry, foreign currency, gloves and items used in burglaries. He again urged residents to call
the police if suspicious activity is suspected in your neighborhood.
Mayor Pro Tem Wuo announced that he attended the Harvest Moon Festival at the County
Park; he noted he has recently been receiving calls from residents who have violated the Code
or received citations and urged residents to go through the building or planning process when
hiring contractors.
Council Member Amundson announced that the Elks Club had an appreciation luncheon for the
Police Department; he met and welcomed three of the four new Arcadia police officers and also
commented on the police website; he noted that an item is on the agenda to put holiday
decorations upon Huntington Drive between Santa Clara and Fifth Avenue and thanked staff for
that. He announced that Monday, September 22 is the Taste of Arcadia and encouraged
everyone to attend; he noted that September is National Preparedness Month and urged
everyone to be prepared and further noted that the City's Action brochure has a list of items
needed in the event of an emergency.
Council Member Kovacic thanked Stella Ross for discussing the book contest; he announced
the Historical Museum Society will be having a creative expression contest this year, the theme
will be "History Lives Here" and will be open to all elementary, middle school and high school
students in Arcadia. He noted that they will be asked to submit essays, poems and artwork or
performances and cash prizes will be given out and he encouraged all students to participate.
In response to City Council request, Deputy Fire Chief Dave Haney explained that on
September 5, the State Office of Emergency Services came to Fire Headquarters and
presented the Arcadia Fire Department with a new State Emergency Fire Truck No. 343 which
represents the 343 firefighters that died on 9-11 and discussed the new Fire Department
Headquarters Open House on Santa Anita.
City Clerk Barrows reported that his personal vehicle recently caught on fire due to a possum
nest on the engine block and thanked the Police and Fire Departments for responding.
Mayor Harbicht encouraged residents to attend the Fire Department Headquarters Open House
and he announced that the new Fire Department received the Design Award from the Pasadena
Foothill Chapter of the American Institute of Architects.
CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
Approve the Regular Meeting Minutes of August 19 and September 2 2008
Recommended Action: Approve
b.
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Recommended Action: Approve
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CITY COUNCIL ITEMS:
c. Approve the Regular Meeting Minutes of August 19 and September 2, 2008.
Recommended Action: Approve
d. Adopt Resolution No. 6645 approving Residential-Mountainous Development
Permit No. RM 08-01. Architectural Design Review and Waivers of Conditions
No. 3.8 and No. 3.11 of Citv Council Resolution No. 5274 for an open and
uncovered hillside deck and patio lights at 383 Torrey Pines Drive.
Recommended Action: Adopt
e.
f. Authorize the Citv Manager to execute a contract with Steinv & Co.. Inc. for the
Recommended Action: Approve
C
g. Award aone-year (1) extension to the Professional Services Agreement between
the Citv of Arcadia and Joe A. Gonsalves and Son for State Legislative Advocacy
Services.
Recommended Action: Approve
Council Member Kovacic requested Consent Calendar Item 2.g be pulled for discussion.
A motion was made by Council/Agency Member Chandler seconded by Council/Agency
Member Amundson and carried on roll call vote to approve items 2.a through 2.f on the City
Council/Agency Consent Calendar.
AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
In response to Council Member Kovacic's inquiry regarding Consent Calendar Item 2.g, Mr.
Penman explained the purpose and benefit provided to the City from Gonsalves and Son for
State Legislative Advocacy Services.
A motion was made by Council/Agency Member Kovacic seconded by Council/Agency Member
Chandler and carried on roll call vote to approve items 2.g on the City Council/Agency Consent
Calendar.
AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht
NOES: None
ABSENT: None
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3. CITY MANAGER
a. Inclusion of the Citv of Pasadena as a Member of the Foothill Transit Joint Power
Authority.
Recommended Action: Discuss and provide comments
Linda Hui, Transportation Services Manager reported that the Foothill Transit Joint Power
Authority (JPA) Governing Board voted to extend an invitation to the City of Pasadena to join
the JPA. She further reported that any addition to the JPA membership requires a change in
the governing structure and a unanimous ratification by all member organization. She noted that
the JPA is accepting comments until October 1, 2008 from each member organization regarding
the proposed addition to Cluster 3 which the City of Arcadia is part of.
It was the consensus of the City Council to include the City of Pasadena as a member of the
Foothill Transit Joint Power Authority which will be transmitted to the JPA on or before October
1, 2008.
b. Adopt Interim Uroencv Ordinance No. 2248 establishing a moratorium on the
Recommended Action: Introduce and Adopt
Mr. Penman reported that due to legal uncertainties between Federal and California laws
regarding medical marijuana dispensaries, staff recommended that the City Council consider
adopting an urgency ordinance establishing a moratorium on the establishment and operation of
medical marijuana dispensaries. He noted that there is sufficient information to justify the
urgency moratorium.
Police Chief Sanderson noted that there has been a rise in Part I Crimes in cities that allow
medical marijuana dispensaries and reported that there has been a 200% increase in robberies,
52% increase in burglaries, 57% increase in aggravated assaults, and 130% in burglaries from
automobiles, an increase in drug violations, driving under the influence arrests, traffic accidents,
fraud, simple assaults, weapons violations, vagrancy, loitering including negative effects on
surrounding businesses, residential neighborhoods and the public due to the heavy odor of
marijuana, secondary smoke, heavy traffic, hours of operation for the dispensaries from 10:00
a.m. to midnight, seven days a week, dispensary customers disturbing the neighborhood and
criminal profiteering. He reported that in 2006, marijuana sales reached a $13 billion dollar
height up from the year before which was $1.6 billion dollars and in California went up over $11
billion dollars. He noted that due to the conflict between State and Federal Law and the
secondary impacts of crime associated with medical marijuana dispensaries, staff believes that
it should study the potential impacts of the operation of medical marijuana dispensaries in order
to protect the health, safety and welfare of the citizens of Arcadia and that a moratorium should
be placed on the establishment and operation of medical marijuana dispensaries. He further
noted that as of February 2007, 70 cities and 6 counties in California have moratoriums on
medical use of marijuana, 38 cities and 5 counties have banned the use of medical marijuana
and 24 cities and 7 counties have established ordinances regulating the use of medical
marijuana and recommends that the City Council adopt interim urgency Ordinance No. 2248
establishing a moratorium on the establishment and operation of medical marijuana '
dispensaries pursuant to Government. Code Section 65858 for a period of 45 days and requires
a 4/5 vote and if at the conclusion of the 45 days it is determined that further study is needed,
the City Council may extend that time period at a future public hearing.
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It was moved by Mayor Pro Tem Wuo seconded by Council Member Amundson and carried on
roll call vote to introduce and adopt Interim Urgency Ordinance No. 2248 establishing a
moratorium on the establishment and operation of Medical Marijuana Dispensaries pursuant to
Government Code Section 65858.
AYES: Council Member Wuo, Amundson, Chandler, Kovacic and Harbicht
NOES: None
ABSENT: None
c. Report, discussion and direction concerning contract language regarding
compliance with the Immigration Reform and Control Act for City contractors.
Recommended Action: Provide direction
Mr. Penman reported that at the September 2, 2008 City Council meeting, staff presented
information at the request of the City Council, regarding verification of employment eligibility
status of City employees and persons who are employed by contractors who do work for the
City. He further reported that the City Council then directed staff to prepare language that could
be inserted in all contracts that provide services to the City regarding compliance with federal
and state immigration laws. Mr. Penman provided language prepared by the City Attorney that
responds to the City Council's request.
It was moved by Council Member Amundson, seconded by Mayor Harbicht and carried on roll
call vote to include compliance with the Immigration Reform and Control Act language in all City
contracts and agreements.
AYES: Council Member Amundson, Harbicht, Chandler, Kovacic and Wuo
NOES: None
ABSENT: None
Consideration of waiver of Arcadia Redevelopment Aoencv Resolution No. 172
to~ermit vehicle storage and parking at 21 Morlan Place and automobile related
uses at 37 West Huntington Drive.
Recommended Action: Approve
Jason Kruckeberg, Development Services Director reported that the Redevelopment Agency
has been working with Rusnak Mercedes on a land assembly and redevelopment project for
some time that would provide expansion opportunities for Rusnak onto 21 Morlan Place and 37
W. Huntington Drive for additional parking. He further reported that the proposal for 21 Morlan
Place is to use the lot as vehicle storage and parking for Rusnak automobiles including vehicles
that are being serviced and will be closely coordinated with the Church in Arcadia to avoid any
impacts to the Church as long as they remain on the site; and the proposal for 37 W. Huntington
Drive is to utilize a portion of the storage building for the storage of auto parts for Rusnak and
would be for storage purposes only. Mr. Kruckeberg explained the purpose of the waiver of
Redevelopment Agency Resolution No. 172 to permit vehicle storage and parking at 21 Morlan
Place and automobile related uses at 37 W. Huntington Drive and recommends approval to
move forward with the process. He noted that the parking at the Church site would need a
Conditional Use Permit which would be heard by the Planning Commission and the use of the
storage building would also need to go through the Planning Commission process and since the
proposed uses are compatible with the surrounding area and be compatible with the City's goal
for this portion of the Redevelopment Area he recommends approval.
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It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on
roll call vote to approve a waiver of Arcadia Redevelopment Agency Resolution No. 172 to
permit vehicle storage and parking at 21 Morlan Place and auto related uses at 37 W.
Huntington Drive.
AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES: None
ABSENT: None
ADJOURNMENT
The City Council/Redevelopment Agency adjourned this meeting in memory of Jayne Vento
Bellin at 9:20 p.m. to October 7, 2008, 6:00 p.m. in the City Council Chamber Conference Room
located at 240 W. Huntington Drive, Arcadia.
~~~~
Robert C. Harbicht, Mayor
ATTEST:
G
James H. Barrows, City Clerk
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