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HomeMy WebLinkAboutNovember 18,200850: 0158 ' CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, NOVEMBER 18, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Ken Harper v. City of Arcadia. et al. (United States District Court Case No. CV08-02286 MANx). b. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Pro a Leasehold Interest in property at 21 Morlan Place Aaencv Neootiator: Agency Executive Director and Development Services Director Neootiatino Parties: Arcadia Redevelopment Agency and Wendy Doo and David Dong (Church in Arcadia) Under Neootiation: Price and Terms of Payment c. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: Purchase of Real Property at 41 W. Huntington Drive Agency Neootiator: Agency Executive Director and Development Services Director Prooertv Owner: Manuel Romero Under Negotiation: Price and Terms of Payment d. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Prooerty: Leasehold Interest in Property at 33 W. Huntington Drive Aoencv Neootiator: Agency Executive Director and Development Services Director Neootiating Parties: Arcadia Redevelopment Agency and Paul Rusnak Under Neootiation: Price and Terms of Payment 11-18-2008 50: 0159 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 Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Jason Kruckeberg, Development Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to discuss and consider Item (a) listed under closed session on the posted agenda, no reportable action was taken. In addition, he further reported that the Redevelopment Agency met in closed session to consider Items (b), (c) and (d) listed on the posted agenda, 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 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. PUBLIC HEARING CITY COUNCIL ITEMS: a. additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment of Massage Therapy Businesses. Recommended Action: Adopt Jason Kruckeberg, Development Services Director presented the staff report extending Interim ' Urgency Ordinance No. 2250 for an additional 10 months and 15 days regarding the establishment of massage therapy businesses. Mr. Kruckeberg reported that since the City Council adopted the moratorium on October 21, 2008, staff has researched various options to 11-18-2008 50: 0160 ' strengthen the City's regulations of massage therapy businesses and the issuance of licenses for massage therapists. He explained that until such time as the impacts of such establishments can be fully assessed and staff can properly research options for regulations, staff recommends that the moratorium be extended for an additional 10 months and 15 days. He further explained that legitimate day spas, medical office uses such as chiropractors and acupuncturists and other health centers sometimes change once established into primarily massage uses. He noted that an alternative regulation can be to require written and physical testing of prospective massage therapists. He reported that of the 40 massage establishments inspected by City staff all establishments had some form of violation of the City's existing massage therapy ordinance. He reported that the Massage Therapy Title Act (Senate Bill 731) which was recently passed establishes a statewide standard for massage certifications goes into effect September 1, 2009 and will ensure the certification process. In addition, he advised that until all proper studies and analyses can be completed and until the implications of various regulatory approaches can be fully understood, he recommended that the City Council extend the current moratorium. Chief Sanderson further added that since the adoption of the moratorium a third round of inspections were conducted of the 40 massage establishments and reported the results. He noted that in a number of instances where the business was advertised as a chiropractic or acupuncturist office, it was confirmed that it was a massage only establishment. He reported that sites are still showing up on various adult oriented websites advertising sexual services that indicate prostitution. He further reported that the City is currently in the process of revoking business licenses for several of the business establishments and also recommends that the moratorium be extended. Mr. Kruckeberg concluded that staff recommends adopting Ordinance No. 2251 which will extend the moratorium. He reported that staff has received a number of letters and a-mails regarding this matter and explained that one issue raised was if the moratorium pertains to renewals of existing business licenses or renewals of business licenses of existing massage therapy operations and whether existing massage therapy licenses can relocate to another location in the City. He explained that Ordinance No. 2251 allows renewals of existing licenses, but the issue of relocation is not addressed in the proposed ordinance. He further explained that he has discussed the relocation issue with the Police Chief and City Manager and believes it can be added as an exemption in the ordinance if the City Council agrees. Mayor Harbicht opened the public hearing. Sam Serrano, Massage Therapist at Voltre Salon in Arcadia appeared and spoke in favor of the moratorium and requested that language be added to the moratorium ordinance that would allow the transfer of a massage therapist license to another location in town and also requested that once the moratorium is lifted to include language that would allow the ability to open a new business with massage therapy as a secondary business. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Amundson and seeing no further objection, the Mayor declared the public hearing closed. ' At the request of the City Council, City Attorney Steve Deitsch read into the record language to be included in the moratorium that would allow for the relocation of either a business or a licensed massage therapist from a place within the City to another location in the City assuming they have a valid license to operate from where they were originally located. In addition, Mr. 11-18-2008 50: 0161 Deitsch noted that the moratorium does not allow for a licensed massage therapist in town to ' move to a new location in the City and open a new business. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to adopt Interim Urgency Ordinance No. 2251 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2250 for an additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment of Massage Therapy Businesses as amended. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None b. Assessment District. Recommended Action: Conduct and close the Public Hearing and report back the ballot results on December 2, 2008 Tom Tait, Deputy Public Works Services Director provided a brief summary and overview of the formation of the Citywide Street Lighting Assessment District. He reported on the existing five lighting districts, zones and assessments within each district. He discussed the balloting process, public outreach efforts and presentations made by the City to various boards and. commissions. He reported that the purpose of the proposed assessment district is to fund a portion of the on-going operations, maintenance and servicing of the public lighting improvements in the City and noted that the assessment is not a new revenue but would be disbursed throughout the entire City based on special benefits the property owners receive for the street lighting. He noted that the ballots will be counted on November 19"' and the results presented at the December 2n0 City Council meeting. He further noted that if a majority protest exists, the City Council will be required to abandon the formation of the district and the proposed levy of assessments. He reported that assessments will remain to property owners who live in the existing districts until 2010; however if a majority of protests do not exist, the City Council may be required by resolution to adopt the Engineers report and order the formation of the district and assessments submitted to the County of Los Angeles for inclusion in the property tax roll commencing in fiscal year 2009-2010. Mayor Harbicht opened the public hearing. Roberta Marquez, resident in Zone 2, appeared and reported that there are only 2 street lights on her street and wanted to know why she would have to be assessed. She commented that she has spoke to Public Works and has been provided information to add additional street lights on her street. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Amundson and seeing no further objection, the Mayor declared the public hearing closed. It was fhe consensus of the City Council that staff proceed with counting the ballots and report ' back the results at the December 2, 2008 City Council meeting. 11-18-2008 50: 0162 PUBLIC COMMENTS None REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic wished his Mother a Happy Birthday; he mentioned that on November 19`" the Chamber of Commerce, the Arcadia Chinese Association and the Arcadia Masonic Center will host an Asian Business Night and encouraged everyone to attend; also the Arcadia Historical Society is conducting an on-going creative expression contest themed "Arcadia History Lives Here" and encouraged students to participate. He announced that the Foothill Unity Center needs volunteers to assist in distributing Thanksgiving and Holiday baskets to low income families and the homeless and urged residents to get involved. He provided contact information for those who were interested in volunteering. Council Member Kovacic further added that on November 24`" at 7:00 p.m. the Interfaith Action Group will be holding their annual community Thanksgiving Service at Holy Angels Church and the theme this year is "Giving Thanks for the Gift of Music. Council Member Amundson noted that 5 million people participated in the "great shakeout" last Thursday and encouraged everyone to be prepared for the big one; he mentioned Veteran's Day last week and noted that residents can adopt a Veteran by calling the City Manager's office; he announced the drop off locations for unwrapped toys for the Toys for Tots program for needy children at Christmas time and urged everyone to drop off an unwrapped toy, he noted that a recent news article listed Arcadia as one of the best places to raise children and explained the ' criteria. He announced that Dr. James Dobson, a former Arcadian, was inducted into the Radio Hall of Fame. Council Member Chandler reported that he attended a Transportation Convention as a member of the Foothill Transit Executive Board and shared transportation highlights. Mayor Pro Tem Wuo had nothing to report. City Clerk James Barrows announced that the 55`h Annual Arcadia Band Review is this Saturday; he noted that several streets in town will be closed so plan alternate routes. He further noted that 39 bands with about 5,000 students will be performing and he thanked everyone for their participation and cooperation including the businesses in the area of the parade route. He reported that a field tournament will be held at Citrus college beginning at 4:00 p.m. where some of the bands will perform and awards will be given out and encouraged everyone to attend. He wished everyone a Happy Thanksgiving. Mayor Harbicht noted that holiday shopping is just around the corner and urged residents to use Arcadia Transit to avoid traffic and parking. He provided information regarding the 2008 Holiday Home Decoration Contest; the preliminary judging is between December 1 and 7 and the final judging is on December 8 and encouraged every to decorate for the holiday. He commented on the publicity received regarding Arcadia being named the best place to raise children. He announced that he attended a program on Veteran's Day in Monrovia sponsored by the Arcadia Monrovia Veterans of Foreign War and noticed that there was not very much participation; and ' he announced the Turkey Trot on November 23rd at noon at the Community Center. 11-18-2008 50: 0163 CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Continued Adiourned Meeting Minutes of October 29, and Regular Meetinq Minutes of November 4. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: Approve the Continued Adiourned Meeting Minutes of October 29, and Reoular Meetinq Minutes of November 4. 2008. Recommended Action: Approve c. Award a purchase order to Emcor Group Inc. for the purchase and installation of replacement variable speed drives for the Police Department's central air conditioning unit in the amount of $49.852 Recommended Action: Approve d. In response to an inquiry by Council Member Chandler regarding Consent Item 1(c), Mr. Penman explained that the chillers are a high energy efficiency system that was state of the art when they were installed in the Police Department. He noted that the chillers supply chilled water for the central air conditioning in the Police Department and City Hall. Mr. Penman noted that the chillers have not been working properly which has resulted in a loss of chilled water flowing through the central air conditioning unit. 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.d on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 3. CITY MANAGER/EXECUTIVE DIRECTOR a. Mr. Malloy provided a brief summary and background report regarding the RFP process and the proposals received for the management of operations and maintenance of the Arcadia Par 3 Golf Course. He noted that American Golf Corporation was selected by the City Council as the J 11-18-2008 Recommended Action: Approve CCU Recommended Action: Approve 50: 0164 most qualified to manage the operations and maintenance of the golf course. Mr. Malloy further noted that the City has spent the last 2'/: months negotiating a final lease agreement. Marie Rodriguez, Management Analyst reported on the negotiation process and explained the terms of the final lease agreement with American Golf. She noted that American Golf and the City have reached a 20 year lease agreement and reported on the major highlights of the agreement. She also reported that at the request of the City Council, a condition was added to the agreement to allow for the sale of a portion of the golf course if the City chooses to do so in the future. She noted that staff feels that the final lease agreement includes all of the City Council's concerns and will ensure a quality golf experience for the community and recommends that the City Council award a lease agreement for the complete management of operations and maintenance of the Arcadia Par 3 Golf Course to American Golf Corporation. It was moved by Council Member Chandler, seconded by Mayor Harbicht and carried on roll call vote to award a lease agreement for the complete management of operations and maintenance of the Arcadia Par 3 Golf Course to American Golf Corporation and authorize the City Manager to execute the lease agreement on behalf of the City. AYES: Council Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None b. Consideration of Desion Review approval and appropriation of $252.994 from the Arcadia Redevelopment Aoencv for the rehabilitation and improvement of 33-37 ' West Huntinoton Drive (Arcadia Self Storaae). Recommended Action: Approve Jason Kruckeberg, Development Services Director provided the staff report regarding the rehabilitation and improvements at 33-27 West Huntington Drive, the Arcadia Self Storage building. He reported that the Redevelopment Agency took over ownership of the Self Storage in October of 2006. He further reported that the Agency has continued to use the building as a storage facility but has not rented out any new units. He noted that the Agency has been working with Rusnak on a land assembly deal which would provide expansion opportunities for Rusnak. He explained design review and exterior improvements and interior improvements to commercial spaces and the overall site improvements. Mr. Kruckeberg noted that La Canada Design Group was contracted for architectural services to plan the exterior improvements to the building and Vargas Olson was contracted with to estimate the interior improvements and staff recommends that the Agency approve design review for 35 West Huntington Drive and appropriate $252,994 from the Redevelopment Agency budget for the rehabilitation and improvement of the building. It was moved by Agency Board Member Chandler, seconded by Agency Board Member Kovacic and carried on roll call vote to approve Design for 35 West Huntington Drive and appropriate $252,994 from the Redevelopment Agency budget for the rehabilitation and improvement of the building. AYES: Council Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None 11-18-2008 50: 0165 c. Recommended Action: Adopt It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to adopt Resolution No. 6656 casting Arcadia's five (5) votes for Council Member Greg Nordbak of Whittier, California to represent cities with prescriptive water pumping rights on the Board of the San Gabriel Valley Water Quality Authority. AYES: Council Member Chandler, NOES: None ABSENT: None ABSTAIN: Council Member Kovacic ADJOURNMENT Wuo, Amundson and Harbicht The City Council/Redevelopment Agency adjourned this meeting in memory of Muriel Call at 8:55 p.m. to Tuesday, December 2, 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 L C 11-18-2008