Loading...
HomeMy WebLinkAboutOctober 7,200850: 0133 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 7, 2008 CALL TO ORDER Mayor Harbicht called the Special Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None STUDY SESSIONICLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the Workers' Compensation case of David Swearengin. b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation: One (1) case. c. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Peck Entertainment, et al. v. City of Arcadia (United States District Court Case No. CVO6-4631 PJWx). d. Pursuant to Government Code Section 54956(a) to confer with legal counsel .regarding the case of Taboo Gentlemen's Club, et al. v. City of Arcadia (California Superior Court 2"d Appellate District Court Case No. 6203060). e. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield, LLC, et al. v. Citv of Arcadia, et al. and Caruso Propertv Management Inc. et al. (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. Citv of Arcadia and Magna Entertainment Corporation (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108937). STUDY SESSION Report, discussion and direction regarding regulation of massage uses and enforcement of massage therapist regulations. Due to lack of time, this item has been continued to October 21, 2008. 1 o-a7-2aos 50: 0134 b. Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. Hue Quach, Administrative Services Director provided a three year projection of Agency finances and funds for fiscal years 2008 through 2011 including funds available for projects. He explained the Agency's financial situation without a new bond issue and the Agency's financial situation if bonds are issued, including outstanding liabilities and tax increment revenue. He further provided financial projections with bond proceeds and explained that if there was no bond issue, the Agency's cash flow, after making payments to payback the low and moderate incoming housing fund would be limited making it difficult to pursue high priority projects. Jerry Schwartz, Economic Development Manager provided and discussed general redevelopment projects, public improvements and low and moderate income housing activities that can be started wish bond proceeds. He discussed some high priority redevelopment projects from the Agency's Five Year Implementation Plan that was approved in December 2007. He also explained that public improvements can also be funded with general redevelopment monies including bond proceeds if the project is entirely within the project area or if findings can be made that a public improvement outside the project area benefits the project area and noted that the Agency is required by California State Law to set aside 20% of its annual tax increment revenue to increase and improve the supply of housing available to residents of low and moderate income levels. It was the consensus of the City Council to move forward with the process issuing new bonds and report back when the market conditions improve. RECONVENE CITY COUNCILIREDEVELOPMENT 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 from Latter Day Saints PLEDGE OF ALLEGIANCE Amanda and Anna Stone of Highland Oaks Elementary School 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/Redevelopment Agency met in closed session to consider the 5 items listed on the posted Notice of Special Meeting agenda under closed session, no reportable action was taken. 10-07-2008 50: 0135 In addition, Mr. Deitsch reported that a Study Session was scheduled to consider two items. He noted that Item (a) a report regarding regulations of massage uses and enforcement of massage therapist regulations was not considered due to lack of time and will be brought back to the next meeting and Item (b) was conducted to receive a report, have discussion and provide direction regarding proposed Redevelopment Agency Tax Allocation Bond issue and the Redevelopment Agency Board directed staff to continue to explore the opportunity to issue both refunding and new money tax a{location bonds and would again be considered in the future when market conditions improve. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman noted that four letters related to the public hearing item regarding the appeal to the Business License Review Board's denial of an entertainment permit for Bar Twist. PRESENTATIONS a. Presentation of Proclamation Designating October as Fire Prevention Month. 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 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 CITY COUNCIL ITEMS: a. Consideration of an appeal to the Business License Review Board's denial of an Entertainment Permit for Bar Twist at 48 East Huntington Drive. Recommended Action: Deny Jim Kasama, Community Development Administrator presented the staff report regarding the appeal of the Business License Review Board's denial of a live entertainment permit for Bar Twist. He reported that the request to provide live entertainment and dancing from 9:00 p.m. to 2:00 a.m. Tuesdays through Saturdays was denied by the Business License Review Board based on a finding that the request exceeded the scope of an entertainment permit and that the proposal should be subject to the conditional use permit process. He further reported that testimony received indicated that approval would be inappropriate because the entertainment was incompatible with surrounding uses and would be an expansion of alegal-nonconforming use. Mr. Kasama provided background information regarding Bar Twist and explained the criteria for issuing an entertainment permit, the appeal process and staff's recommendation. Mayor Harbicht opened the public hearing. Oschian Sfetcu, owner of Bar Twist and Sean Marino appeared and commented on specific issues raised by surrounding neighbors and noise levels. 10-07-2008 50: 0136 Joseph Kovalik resident on Alta Street appeared and spoke regarding the nuisance being created in the neighborhood by Bar Twist and urged the City Council to deny the appeal. Selam Wong appeared and spoke regarding the nuisance the patrons of Bar Twist create in the neighborhood. 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 Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to uphold the decision of the Business License Review Board and deny the appeal filed by Bar Twist. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None Adont Resolution No. 6648 amending Resolution No. 6513 relating to Adult Business Performer License Fees. Recommended Action: Adopt Mr. Penman reported that staff recommends reducing its current annual fee of $250.00 for an adult business performer license fee to $150.00 and for a one time provisional or temporary adult business performer license $100.00; he further reported that the $100.00 one time provisional or temporary license fee shall be applied towards the annual $150.00 adult business performer license fee should the performer wish to perform again in Arcadia or apply for the annual license. Mr. Penman noted that the current adult business performer license fee is $250.00. Mayor Harbicht opened the public hearing. 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 Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to adopt Resolution No. 6648 amending Resolution No. 6513 relating to Adult Business Performer License Fees. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Amy Stone, President of the Parent Teacher Student Association at Highland Oaks Elementary School appeared and discussed the Arcadia schools and the good academic performances of the students; she also discussed what students are learning about good character and citizenship and what outstanding things the students have been doing in the community as part 10-07-2008 4 50: 0137 of the Green Circle program for third graders and explained the goals of the program and what the students have accomplished. REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Chandler noted that the City is a member of a water quality authority board of cities with pumping rights and the board member that represents the City will be coming up for reelection and proposes that it be placed on a future agenda. Mayor Pro Tem Wuo had nothing to report. Council Member Kovacic announced that Arcadia resident Richard Ventamonte has his presidential campaign button collection on display at the Library and he has every republican button going back to 1856 and democratic buttons for every candidate from 1880 and a smaller collection of third party candidates. He urged residents to stop by the Library and take a look at the collection which will be up through Election Day. He noted that he has coached the Arcadia High School Constitution Team for the last 12 years and will start practice sessions on October 13 in the City Council Chambers from 7:30 p.m. to 9:30 p.m. every Monday night and encouraged everyone to show up and support the team while they get ready for regional and state competitions. Council Member Amundson reported that within the first 30 minutes of the license plate readers being installed a stolen car was located and feels they will be very effective in preserving the community. He read an excerpt from an editorial in the Star News from an Arcadia resident who ' noted that Arcadia use to be a clean City and encouraged everyone to help keep Arcadia clean. He announced that Saturday is the Downtown General Plan Workshop at the Women's Club from 9:00 a.m. to noon and encouraged everyone to attend and participate; he noted that additional information is on the City's website. He announced that Sunday is a membership drive for the Historical Society and James Helms will be the speaker. City Clerk Barrows had nothing to report. Mayor Harbicht noted that last week the City received an anonymous letter with no signature and no return address attacking the City Council about various issues. He encouraged residents who have comments or complaints about the City or the City Council to send letters with their names and addresses. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of September 16, 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of September 16. 2008. ' Recommended Action: Approve 10-07-2008 50: 0138 c. ,vaopt Vramance ivo. zz4n amenaing uie r,rcaaia iwunicipai i,oue w auamu a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various Recommended Action: Adopt d. Approve a Communications Site Lease Agreement between the City and Omnipeint Communications. Inc. fora Wireless Communications Facility at Orange Grove Park - 670 E. Orange Avenue. Recommended Action: Approve e. Authorize the City Manager to execute a contract with Espino's Cop Shog, Inc. for the installation of emergency lighting, communication equipment and interior accessories for City vehicles in the amount of $53,433. Recommended Action: Approve A motion was made by Council/Agency Member Amundson seconded by Council/Agency Member Kovacic and carried on roll call vote to approve items 2.a through 2.f on the City Council/Agency Consent Calendar. AYES: Council Member Amundson, Kovacic, Chandler, Wuo and Harbicht ' NOES: None ABSENT: None CITY MANAGER a. Introduce the Schematic Design for the Joint Use Gymnasium at Dana Middle School. Recommended Action: Receive and file Sara Somogyi, Director of Recreation and Community Services reported that City staff and the School District have had several meetings with the architectural firm of LPA regarding the design of the joint use gymnasium at Dana Middle School. She noted that the School District and the City jointly applied for a State grant for the construction of a joint use gymnasium and in August 2008 received approval of that grant in the amount of $1,500,000 and further noted that both the City and School District local bond funds will contribute $2,000,000. She further reported that construction is expected to begin in October 2009 and completion is expected in October 2010. She then introduced Noa Tumi from the architectural firm of LPA who presented the schematic design of the gymnasium. 10-07-2008 Recommended Action: Approve 50: 0139 b. Report. discussion and direction regarding 4th of Julv Fireworks show for years 2009 and 2010. Recommended Action: Provide direction Sara Somogyi, Director of Recreation and Community Services provided options on how to proceed with a 4`" of July fireworks event in 2009 and 2010. She reported that in 2005 the 4`h of July event held at the High School was attended by approximately 5,000 people and was well received by the community and further reported that a 4"' of July in 2009 is scheduled to take place at High School. She further noted that in 2010, the event will need to be modified because the High School will be under construction and the bleachers will not be available. She reported that approximately $80,000 was spent on the 2005 event; and explained that currently there is $49,000 in a trust fund designated for the July 4`" event in 2009 with additional funds from sponsorships needed in approximately $25,000-$30,000 in order to have an event comparable to the one held in 2005. She reported that there is no budget fora 2010 event and provided options for City Council consideration. It was the consensus of the City Council to proceed with a July 4'" 2009 event and hold off until after the 2009 event to evaluate a 4`h of July event in 2010. c. Adopt Resolution No. 6647 opposing Measure R, the proposed Los Angeles County Metropolitan Transportation Authority one-half percent (Y%i sales tax increase. Recommended Action: Adopt ' Mr. Penman provided background information regarding Measure R which is a one half percent sales tax increase being proposed by the Los Angeles County Metropolitan Transportation Authority and is scheduled for the November 4`h ballot for voter approval. He noted that Measure R would generate about $40 billion dollars in additional transportation funds over a 30 year period and further noted that Measure R would generate significant funds for the County's transportation system however lacks essential provisions and does not provide an Expenditure Plan that is equitable across all sub-regions of the County especially the San Gabriel Valley. He further noted that it does not provide provisions to address the reallocation of funds that would result from projects that are later deemed unfeasible and does not provide adequate safeguards or a time table to secure funding for the Gold Line Foothill Extension and recommends adoption of Resolution No. 6647 opposing Measure R. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to adopt Resolution No. 6647 opposing Measure R, the proposed Los Angeles County Metropolitan Transportation Authority one-half (112) percent sales tax increase. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 10-07-2008 50: 0140 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Nancy Rasmussen, a 24 year City of Arcadia employee at 8:55 p.m. to Tuesday, October 21, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Robert C. Harbicht, Mayor ATTEST: __~ ames H. Barrows, City Clerk 0 10-07-2008