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HomeMy WebLinkAboutJanuary 20, 200951:0007 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JANUARY 20, 2009 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Harbicht ABSENT: Council/Agency Member Kovacic A motion was made by Council/Agency Member Chandler seconded by Council/Agency Member Amundson to excuse Council/Agency Member Kovacic. CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding potential litigation -one (1) case. STUDY SESSION a. Report, discussion and direction regarding the proposed Museum Education Center. i Carolyn Garner-Reagan, Director of Library and Museum Services explained that the Major Gift Committee of the Arcadia Historical Society is proposing to raise funds for a Museum Education Center to be built on the existing shuffleboards courts between the Ruth and Charles Gilb Historical Museum and the Community Center. Mrs. Garner-Reagan discussed the need for larger and more classroom space. She noted that funds for the building would be raised by the Arcadia Historical Society's Major Gift Committee and that approximately $10,000 has already been set aside for this project. She explained construction costs and noted that the City would incur an unknown fiscal impact related to staff time needed for the development of the design and construction supervision including maintenance of the building. The City Council unanimously approved, in concept, the proposed Museum Education Center however did not commit City funds at this time due to budget constraints. 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. 01-20-2009 51:0008 INVOCATION ' Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE Director of Recreation and Community Services Sara Somogyi ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Harbicht ABSENT: Council/Agency Member Kovacic A motion was made by Council/Agency Member Chandler seconded by Council/Agency Member Amundson to excuse Council/Agency Member Kovacic. REPORT FROM CITY ATTORNEYlAGENCY 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 (1) item listed on the posted agenda under closed session regarding an employment matter (anticipated litigation), no reportable action was taken. Mr. Deitsch also reported that the City Council also met in a Study Session to discuss and provide direction regarding a proposed Museum Education Center which would be a facility located on the existing Shuffleboard Court between the Ruth and Charles Glib Arcadia Historical Museum and the Community Center. The City Council approved, in concept the proposed project however did not commit City funds due to budget constraints. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman noted that a corrected staff report regarding City Manager Item 3.b. (Joint Use Gymnasium Design at Dana Middle School) and a corrected last page of the January 6, 2009 City Council minutes were distributed prior to the meeting. 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. - Appeal of Planning Commission denial of Conditional Use Permit No 08-05 and the related parking modification to allow an existing 2,390 square-foot cafe and yogurt shop to add seating for 18 patrons at 643 West Duarte Road. Recommended Action: Approve 01-20-2009 51:0009 ' Jason Kruckeberg provided a brief overview regarding the appeal and parking requirements. Jim Kasama presented the staff report regarding an appeal of the Planning Commission's denial of Conditional Use Permit Application No. 08-05 to add tables and chairs for 18 patrons at an existing tea and yogurt shop located at 643 W. Duarte Road which included a parking modification request. He noted that the Development Services Department recommended that the City Council approve the Planning Commission's denial and uphold the denial of the application. He explained that the Planning Commission's denial was based on the determination that there was insufficient parking on the site to expand the use of the two take out only businesses. He further explained that the appellants contended that there was sufficient parking and the tea shop had been operating with tables and chairs since 2003 and was never made aware of the take out limitation. Mr. Kasama provided a brief history of the yogurt and tea shop. Mr. Kasama noted that the business license was issued subject to the condition that food and beverages were served on a take out only basis and that no seating for customers was allowed. He summarized the existing uses at the center and the corresponding number of required parking spaces based on the City's current parking requirements. Mr. Kasama recommended denial of Conditional Use Permit Application No.08-05 due to the site's intense uses and parking deficiency. Mayor Harbicht opened the public hearing. John Yarmoski, Esq., representing the applicant appeared and explained that the yogurt shop is no longer in business and asked that the request be forwarded back to the Planning ' Commission for reconsideration. He explained the parking situation and due to the closure of the yogurt shop, parking may not be an issue. He presented a petition signed by 30 patrons in support of the business and a photograph of the area. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Amundson and seeing no further objection, Mayor Harbicht 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 Planning Commission's decision to deny the appeal of Conditional Use Permit Application No. CUP 08-05 and direct staff to prepare a resolution incorporating the City Council's decision and specific findings for adoption at the next scheduled City Council meeting. AYES: Council Member Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic PUBLIC COMMENTS Kelley Linden, Chief Operating Officer of Methodist Hospital provided a report regarding construction and new changes that will take place over the next three years at Methodist Hospital. 01-20-2009 51:00010 REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Amundson noted that a dear friend of his, Phillip Ostegaurd gave him a book entitled "The Inspired Wisdom of Abraham Lincoln" for the Arcadia Public Library in memory of his wife, Irma, who recently passed away. He noted that Mrs. Osteguard was a teacher for 35 years and 25 years of those years were spent at Camino Grove School. He commented on the presidential inauguration and wished the new President well. Council Member Chandler commented on the presidential inauguration and wished the country well. Mayor Pro Tempore Wuo noted that he attended a seminar with Police Captain Gioia regarding human trafficking. He commented on the Neighborhood Watch Program. He announced that next week is Chinese New Year and wished everyone a Happy New Year. Mayor Harbicht commented on the inauguration; he announced the Mayor's Prayer Breakfast is on March 27 and invited the community to attend; he noted that the celebration will be "Arcadia one of the best places to raise your kids" which was named by Business Week Magazine and the guest speaker will be Dr. Laura Schlessinger who is a KFI radio host and a very strong advocate of children and children rights. He commented on the impact on the community if Santa Anita Race Track closed and a new development with homes, stores and offices were built. He also commented on the closure of Hollywood Park and Bay Meadows and the development projects anticipated for those spaces. City Clerk Barrows noted that at the last Presidential inauguration, he and his wife chaperoned the Arcadia High School Band to Washington, D.C. who performed. 2. CONSENT CALENDAR a. Approve the Reoular Meeting Minutes of January 6 2009 Recommended Actiori: Approve CITY COUNCIL ITEMS: Approve the Reoular Meeting Minutes of January 6 2009 Recommended Action: Approve c. Authorize the Citv Manaoer to execute a Professional Services Aoreement Recommended Action: Approve d. L~I 1 01-20-2009 4 Recommended Action: Approve 51:00011 e. ~~ropriate $90 000 from the water fund to be added to the 2008-09 Water Main Replacement Project for the design and construction of the Longden Blending Pipeline. Recommended Action: Approve Authorize the City Manager to execute a contract with Pardess Air to install air handlers for heating and cooling in the Library in the amount of $260.000. Recommended Action: Approve g. Award a purchase order to Creative Bus Sales Inc. for Arcadia Transit purchase Recommended Action: Approve h. Authorize the City Manager to establish the hourly compensation rate for Reserve Officer Level I I at PT21. Recommended Action; Approve Council/Agency Member Amundson requested that 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 and 2.h on the ' City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: Council/Agency Member Kovacic ABSTAIN: Mayor Harbicht (Consent Calendar Items 2.a and 2.b) At the request of Council/Agency Member Amundson regarding Consent Calendar Item 2.g, Phil Wray, Deputy Director of Development Services explained that the budgeted funds are restricted for transit purposes only. He explained that the funds are transit capital related and must be spent within a three year period. He noted that the current transit vans are beyond their serviceable life and have upwards of about 150,000 miles and need to be replaced. Mr. Penman noted that SO% of the money is federal transportation capitol money and cannot be used for any other purpose then transit capital projects. He further noted that the other 20% comes from Prop A money which also has to be used for transportation related purposes only. In response to a question by Mayor Harbicht regarding what other uses can be the money spent on, Mr. Wray responded that the monies can be used for bus stops, alternative fuel upgrades and retrofits as noted in the staff report, or a fueling station at the service center. He further responded that there are other uses but they all have to be related to transit service. Mr. Wray noted the money is closely monitored by the Federal Government and through the auditing process all monies are reported. ' Mr. Penman discussed the aftermarket conversion of the transit buses; he indicated that staff will conduct a more detailed analysis and bring back to a future Council meeting a report with a recommendation whether the City Council wishes to pursue the aftermarket conversion to CNG. 01-20-2009 51:00012 A motion was made by Council/Agency Member Amundson seconded by Council/Agency ' Member Chandler and carried on roll call vote to approve Consent Calendar item 2.g on the Cify Council/Agency Consent Calendar. AYES: Council/Agency Member Amundson, Chandler, Wuo and Harbicht NOES: None ABSENT: Council/Agency Kovacic 3. CITY MANAGER/EXECUTIVE DIRECTOR ITEMS: a. Approve an Alcohol Policv for the Ruth and Charles Gilb Arcadia Historical Museum. Recommended Action: Approve Carolyn Garner-Reagan, Director of Library and Museum Services provided the staff report regarding the establishment of an Alcohol Policy to allow beer, white wine and champagne at the Ruth and Charles Gilb Historical Museum. She noted that the policy was approved by the Arcadia Historical Commission. She further noted that alcohol has been served at certain events at Museum since it opened in 2001. She advised that City Attorney Steve Deitsch has reviewed the Alcohol Policy and recommended changes which were included. Mr. Penman noted that the only two City events where alcohol is served are the Commissioner's Dinner and the Volunteer Silver Circle and any other event that may appear to be a City event is usually sponsored by an outside group such as an employee association. At the request of Council Member Chandler, Mr. Deitsch explained potential liability relating to ' alcohol. In response to an inquiry by Mr. Penman regarding outside groups, Ms. Garner-Reagan responded that there is a Museum Patio Policy which allows non-proft groups to rent the museum however due to scheduling conflicts the patio has never been rented out. She indicated that she is in the process of submitting to the Museum Commission a revised Museum Patio Policy similar to the Community Center policy that allows outside groups to obtain an ABC liquor license. A motion was made by Council/Agency Member Chandler seconded by Mayor Harbicht and carried on roll call vote to adopt an Alcohol Policy for the Ruth and Charles Gilb Arcadia Historical Museum. AYES: Council/Agency Member Chandler, Harbicht, Amundson and Wuo NOES: -None ABSENT: Council/Agency Member Kovacic b. Presentation of the Joint Use Gvmnasium Design at Dana Middle School Recommended Action: Receive and file Sara Somogyi, Director of Recreation and Community Services presented the staff report regarding the Joint Use Gymnasium Design at Dana Middle School. She noted that in January ' 2008, the Arcadia Unified School District and the City Arcadia applied for a grant from the State for a joint use gymnasium at Dana Middle School and in August 2008 learned the project site and grant were approved. She further noted that State has allocated $1.5 million dollars to the 01-20-2009 51:00013 project but currently the funds are frozen until the State decides its funding sources which will be reevaluated in July. She noted that staff and the Arcadia Unified School District have been meeting with LPA, the architectural firm designing the gymnasium at Dana Middle School because of certain approval processes and deadlines that have to be completed through the State Department of Architecture. Noah Toomey of LP Architecture was present and provided a PowerPoint overview of the gymnasium design. It was the consensus of the City Council to receive and file the report as presented. c. Authorize the Executive Director to execute a Rent Subsidv Agreement with the Church in Arcadia for temporary relocation from 21 Morlan Place and appropriate $36.000 from the Redevelopment Agency's unprogrammed reserves. Recommended Action: Approve Jason Kruckeberg, Development Services Director noted that the Redevelopment Agency approved a Purchase and Sale Agreement with the Church in Arcadia at 21 Morlan Place and sold it a site on Live Oak Avenue for a new church building. He further noted that the Purchase and Sale Agreement included a provision for paying the Church up to $2,000 per month for relocation costs if it were to relocate temporarily to another site in order to facilitate the Rusnak expansion. He advised that the Church is in the process of relocating and the costs of the temporary facilities are higher than provided in the Purchase and Sale Agreement. He further advised that Rusnak has moved into the self-storage building and an agreement has been successfully worked out with Rusnak which allows them the ability to park cars on the 21 Morlan Place site. Jerry Schwartz, Economic Development Manager reported that the City has been working with the Church in Arcadia to find them an alternative location. He further reported that arrangements have been made with the School District to have the Church use Dana Middle School for their Sunday morning congregational services and meetings. He noted that for Church office use and leadership activities they will be leasing office space at 43 E. Huntington Drive. He advised that the office space lease is $1,000 per month and the School District is $750 per use or $3,000 per month which combined exceeds the $2,000 in relocation costs as provided for in the Purchase and Sales Agreement by about $2,000. He further noted that the Agreement provides for relocation costs for 18 months or until they move into the Live Oak facility. He further advised that the City Attorney has already prepared a Rent Subsidy Agreement that serves as an amendment to the Purchase and Sales Agreement to cover the additional relocation costs for the additional $2,000 or $4,000 per month. Mr. Schwartz noted that the Agency will receive close to $36,000 in rent payments from its leases with Rusnak which would offset this additional appropriation. A motion was made by Council/Agency Member Chandler seconded by Mayor Pro Tem/Agency Vice Chair Wuo and carried on roll call vote to authorize the Executive Director to execute a Rent Subsidy Agreement with the Church in Arcadia and appropriate $36,000 from the Agency's unprogrammed reserves to fund the cost of the agreement. ' AYES: Council/Agency Member Chandler, Wuo, Amundson and Harbicht NOES: None ABSENT: Council/Agency Member Kovacic 01-20-2009 7 51:00014 Authorize a budget allocation of $76 000 from the Redevelopment Agency's ' Unprogrammed Reserves to make payments to school districts under Assembly Bill 1389. Recommended Action: Approve Jerry Schwartz, Economic Development Manager explained that AB 1389, a trailer bill, was passed as part of the 2008-09 State budget which requires redevelopment agencies to report to the County its pass through payments of tax increment to all taxing entities, including school districts and other special districts. He further explained that the Redevelopment Agency has complied by making such payments over the required four year period but the County has claimed that the Redevelopment Agency owes an additional $76,000. He noted that the Redevelopment Agency has sent a letter to the Los Angeles County Auditor-Controller disputing their method of calculation and other redevelopment agencies have done the same. He further noted that AB 1389 requires that payments owed to school districts, even if cities have disputed, be paid by February 1 or all Agency activities can be shut down. A motion was made by Council/Agency Member Chandler seconded by Mayor Pro Tem/Agency Vice Chair Wuo and carried on roll call vote to authorize a budget allocation of $76,000 from unprogrammed Agency funds to make additional pass through payments to school districts as required by AB 1389. AYES: Council/Agency Member Chandler, Wuo, Amundson and Harbicht NOES: None ABSENT: Council/Agency Member Kovacic ADJOURNMENT , The City Council/Redevelopment Agency adjourned this meeting in memory of Hal Libby and Fred Kennedy at 8:47 p.m. to Tuesday, February 3, 2009, 5:30 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Robert C. Harbicht, Mayor ATTEST: (°`7' ~S_ ames H. Barrows, City Clerk 'J 01-20-2009