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HomeMy WebLinkAboutOctober 21,200850: 0141 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 21, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: CouncillAgency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None STUDY SESSION/CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CL05ED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property negotiators. Property: Winnie Way Park (509 Winnie Way) Citv Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Benson Tse (Property Owner) Under Negotiation: Price and Terms of Payment STUDY SESSION Report, discussion and direction regarding regulation of massage uses and enforcement of massage therapist regulations. Police Chief Bob Sanderson reported that in the last 3 years, the Police Department has issued approximately 700 individual massage therapist licenses. He further reported that in the last couple of years the Police Department has received complaints from citizens regarding inappropriate activities at the various massage locations in the City. He reported that in May of this year, the Police Department began a series of inspections of known massage therapy locations with the assistance of the Los Angeles County Unity Coalition. He further reported that the L.A. County Unity Coalition interviewed the massage therapists, through Chinese interpreters, in order to determine if they are victims of human trafficking and noted that at some of these locations this may be the case. He provided an update of the investigation conducted at about 40 locations in the City where violations of the Municipal and Fire Code were observed by Code Services and the Fire Department. He noted that the investigation further revealed an international website that reviews massage parlors in specific cities including independent reviews of massage therapist in Arcadia, the website details sexual acts the massage therapist will perform for a fee, whether the acts were performed or not and how much money was received for the acts performed, the first name of the massage therapist and gives the American first name. He further noted that on the City Council agenda recommended that the City Council adopt the ordinance establishing a moratorium on these uses in order to give staff time to look into other alternatives in regulating these uses. 10-21-2008 50: 0142 RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION ' Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Mayor Robert Harbicht PLEDGE OF ALLEGIANCE Director of Recreation and Community Services Sara Somogyi ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY 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 one item listed on the posted agenda under closed session, no reportable action was taken. In addition, Mr. Deitsch reported that City Council/Redevelopment Agency conducted a Study ' Session to receive a report from staff and discuss massage uses and massage therapist enforcement and regulations, no action was taken but a relevant concerning a proposed moratorium regarding massage businesses is on the agenda. SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman reported that no public hearing will be conducted regarding Item 1.c because the applicant has withdrawn the appeal. 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 Kovacic and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation by City of Monrovia Mayor Rob Hammond in appreciation of Arcadia Police Department assistance with Monrovia gang violence issues. b. Presentation of a Proclamation designating the months of October and , November 2008 as White Cane Days. 10-21-2008 2 50: 0143 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Adopt an Interim additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment and operation of medical marijuana dispensaries. Recommended Action: Adopt Police Chief Sanderson reported that at its meeting of September 16, 2008, the City Council adopted Interim Urgency Ordinance No. 2248 which provided a 45 day moratorium on the establishment of medical marijuana dispensaries. He provided a summary of the Compassionate Use Act and noted that the City Council can extend the interim moratorium ordinance for 10 months and 15 days following a public hearing and a written report describing the measures taken to alleviate the condition which led to the adoption of the interim urgency ordinance. Chief Sanderson further noted that since the adoption of Interim Ordinance No. 2248, the City has begun the process for studying the proper placement of medical marijuana dispensaries and until the impacts of the Supreme Court's Raich decision, staff recommends extending the moratorium until such time as the impacts of such establishments can be fully assessed and staff can property integrate the zoning of such establishments into the City's overall update of the General Plan. City Attorney Deitsch confirmed that adoption of Interim Urgency Ordinance No. 2249 requires a four-fifths vote to extend the moratorium adopted by the City Council on September 16, 2008 for an additional 10 months and 15 days. 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 Wuo and carried on roll call vote to adopt Interim Urgency Ordinance No. 2249 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2248 for an additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment and operation of medical marijuana dispensaries. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None b. Consideration of Text Amendment No. TA OS-03 to amend the single-family residential garage parking requirements. (Continued from September 16. 2008). Recommended Action: Discuss and provide direction 10-21-2008 50: 0144 Jim Kasama, Community Development Administrator noted that this item public hearing was , continued from the September 16, 2008 City Council meeting to allow staff to provide new alternative single family residential garage parking requirements. He provided a summary of the 3 new options for single-family parking requirements for consideration (1) adds a provision to the initial proposal to exclude a family room from being counted as a bedroom, (2) use Los Angeles County Assessor's definition which states that a bedroom is a room with closet and (3) definition based on the City of San Diego's Municipal Code and noted that staff recommends Option 3 because it is readily applicable and excludes the basic common rooms and those areas that are open to common areas as well as other areas that are clearly not a bedroom, but includes independent rooms that do not have built-in closets. Mayor Harbicht opened the public hearing Robert Tong, builder and resident in town appeared and provided comments and concerns regarding single-family residential garage parking requirements. David Lau, builder and resident in Arcadia appeared and provided his comments regarding single-family residential garage parking requirements. 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. The City Council thanked the staff for their time and efforts on this matter and it was their consensus that no action be taken on this item at this time. ' c. (APPEAL WITHDRAWN BY APPLICANT) Consideration of an aooeal of This item was pulled due to the appeal being withdrawn by the applicant. PUBLIC COMMENTS None REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Chandler announced that another Arcadia High School student, Courtney Chow Lee, was selected as the 2009 Rose Queen from among 1,100 girls. He congratulated Courtney and Arcadia High School. Mayor Pro Tem Wuo noted that Courtney is the daughter of Dr. Andy Lee at Methodist Hospital and also noted that another Arcadia High School student was named one of the princesses; he urged residents who walk around the neighborhood in the evening hours to wear reflective clothing for safety purposes; and announced that Breeders Cup is this weekend and urged ' residents to avoid the race track area because of traffic congestion. 10-21-2008 4 50: 0145 ' Council Member Amundson announced that he attended the Methodist Hospital Crystal Ball which was a great event and raised a lot of money for the hospital. He discussed water conservation and reported that the Edison Company provides a free evaluation of utility usage and recommends that everyone call and get the free evaluation. He urged everyone to vote on November 4th. Council Member Kovacic suggested that both the Rose Queen and princess from Arcadia High School be invited to a future City Council to be recognized. He noted the Breeders Cup this weekend and urged everyone to attend. He noted the Methodist Hospital Crystal Ball and urged everyone to vote on Election Day. City Clerk Barrows reminded everyone that the Arcadia Schools will be celebrating Red Ribbon Week the next couple of weeks and reminded everyone to be drug free and make good choices. Mayor Harbicht had nothing to report 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: Approve the Regular Meeting Minutes of October 7. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meetino Minutes of October 7. 2008 Recommended Action: Approve c. Authorize the Citv Manaoer to execute a one (11 year contract extension with Vargas Olson Enterprises for Construction Maintenance Services at Various Citv Facilities in the amount of $74 890. Recommended Action: Approve d. mended Action: Approve e, Award a one (11 year purchase order contract extension to Delta Distributing Inc ed Action: Approve g. Approve a salary range adjustment for Assistant Citv Manager/Public Works Services Director. Recommended Action: Approve 10-21-2008 Recommended Action: Approve 50: 0146 Council Member Amundson requested Consent Calendar Item 2.g be pulled for discussion. 1 A motion was made by Council/Agency Member Chandler, 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/Agency Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None Council Member Amundson recommended that Item 2.g be placed on a future closed session agenda. At the request of the City Council, Mr. Penman provided a summary and background information regarding the salary adjustment for the Assistant City Manager/Public Works Services Director position. He noted that the Assistant City Manager's salary has always been equal to or 2.5% higher than the highest paid department head which reflected the added responsibility and experience. He further noted that due to compaction issues, recent salary adjustments to the safety management ranges placed the Assistant City Manager salary below those salary levels. He reported the cost to change the range of the Assistant City Manager/Public Works Services Director position would be $4,320 from October 1, 2008 through June 30, 2009 and from July 1, 209 through December 30, 2009 the additional cost would be $5,076 for a total cost of $9,396. Mr. Penman noted that 20% or $1,879 would be funded by the General Fund and the balance by Enterprise Funds. He further noted that no budget appropriation is required since the cost will be absorbed within the budget. He recommended that the City Council approve a salary range adjustment for the Assistant City Manager/Public Works Services Director. It was the consensus of the City Council to discuss Consent Calendar Item 2.g in open session. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Kovacic and carried on roll caN vote to approve Item 2.g on the City Council/Agency Consent Calendar. AYES: Council Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None 3. CITY MANAGER a. Arcadia Par 3 Golf Course. Recommended Action: Approve Pat Malloy, Assistant City Manager/Public Works Services Director reported that staff continues to negotiate a 20 year lease agreement with American Golf Corporation for the management of the Arcadia Par 3 Golf Course. He noted that negotiations are near completion and staff anticipates bringing the final lease agreement to the City Council on November 4, 2008. He further noted that the current lease extension expires October 31, 2008 and recommends the 10-21-2008 50: 0147 City Council authorize another one (1) month lease extension with an option to extend it for an additional month through December 31, 2008 which would allow staff additional time to resolve any unforeseen issues that may arise. It was moved by Council Member Kovacic, seconded by Mayor Pro Tem and carried on roll call vote to authorize the City Manager to execute a one (1) month lease extension with an option to extend an additional month with American Golf Corporation for the management of the Arcadia Par 3 Golf Course. AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht NOES: None ABSENT: None b. Southern California. Recommended Action: Adopt City Attorney Stephen Deitsch reported that on April 1, 2008, the City Council adopted Resolution No. 6621 approving a Sixth Amendment to an Agreement and Lease between the City and Methodist Hospital in order to assist the hospital in obtaining financing for purposes of updating and expanding the hospital and related facilities on the property owned by the City and leased to the hospital. He reported that since April 1, 2008 City Council meeting, the U.S. Department of Housing and Urban Development ("HUD) required a modification to the Sixth ' Amendment concerning the elimination of a certain indemnification covenant. Mr. Deitsch noted that with revisions made to the Sixth Amendment as required by HUD, adoption of Resolution No. 6651 is recommended by staff and the City Attorney. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to Adopt Resolution No. 6651 approving a revised Sixth Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None c. Section 65858. Recommended Action: Adopt Jason Kruckeberg, Director of Development Services reported that there has been a proliferation of establishments that provide massage service in the City. He noted that day spas, chiropractor and acupuncture offices that have legitimate business licenses often turn into massage uses. He further noted that issuance of business licenses for massage therapists has increased dramatically. He reported that existing regulations prohibit massage parlors or straight massage uses as a land use within the City, but massage is allowed as an incidental or secondary use to an established day spa, chiropractor or acupuncture office; and the Municipal ' Code allows no more than 2 massage therapists to be at the location at any one time and for, day spas or salons there is no limit to the number as long as massage remains incidental. He noted that the Municipal Code is very detailed on how these types of operations are regulated 10-21-2008 50: 0148 such as hours of operation and what can or cannot be done however the problems occurring at these establishments range from prostitution to other inappropriate acts. He explained that a ' moratorium on these uses will allow staff time to look into alternative methods of operation and regulation. Police Chief Bob Sanderson reported that in the last 3 years, the Police Department has issued approximately 700 individual massage therapist licenses. He further reported that in the last couple of years the Police Department has received complaints from citizens regarding inappropriate activities at the various massage locations in the City. He reported that in May of this year, the Police Department began a series of inspections of known massage therapy locations with the assistance of the Los Angeles County Unity Coalition. He further reported that the L.A. County Unity Coalition interviewed the massage therapists, through Chinese interpreters, in order to determine if they are victims of human traffcking and noted that at some of these locations this may be the case. He provided an update of the investigation conducted at about 40 locations in the City where violations of the Municipal and Fire Code were observed by Code Services and the Fire Department. He noted that the investigation further revealed an international website that reviews massage parlors in specific cities including independent reviews of massage therapist in Arcadia, the website details sexual acts the massage therapist will perform for a fee, whether the acts were performed or not and' how much money was received for the acts performed, the first name of the massage therapist and gives the American first name. He recommended that the City Council adopt the ordinance establishing a moratorium on these uses in order to give staff time to look into other alternatives in regulating these uses. It was moved by Council Member Amundson, seconded by Council Member Chandler and carried on roll call vote to adopt Interim Urgency Ordinance No. 2250 establishing a moratorium on the establishment of massage therapy businesses pursuant to Government Code Section. 65858. AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 9:00 p.m. to Wednesday, October 29, 2008, at 8:00 a.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia to meet with Los Angeles County Supervisor Michael Antonovich. ~~~~~~.~ Robert C. Harbicht, Mayor ATTEST: James H. Barrows, City Clerk 10-21-2008