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.
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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.
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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
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' 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.
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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.
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Recommended Action: Approve
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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.
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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
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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
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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
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