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HomeMy WebLinkAboutApril 7, 200951:0049 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 7, 2009 CALL TO ORDER Mayor Harbicht called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENTRGENCY MEMBERS: PRESENT: CounciUAgency Member Amundson, Chandler, Wuo and Harbicht ABSENT: Council Member Kovacic A motion was made by Council/Agency Member Chandler seconded by Council/Agency Member Amundson to excuse Council Member Kovacic. Council Member Kovacic arrived at 5:35 p.m. STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION ' a. Report, discussion and direction regarding Massage Use Moratorium update and options. Jason Kruckeberg, Development Services Director provided an update and options regarding the massage use moratorium currently in effect and expires October 21, 2009. He noted that since the moratorium has been in place staff has been working on establishing recommended procedures and regulations. He explained two of the four options for inclusion into the new ordinance for City Council consideration regarding requiring a conditional use permit for massage uses and limiting the number of allowable licenses at a doctor or chiropractor's office. Police Chief Sanderson provided a report regarding compliance and coordination with the new state process (Senate Bill 731, effective September 2009) which regulates massage therapist licenses and explained the written and practical/physical testing of applicants at the local level. The City Council unanimously directed staff to bring back an ordinance and proposal with changes in accordance with State Law and eliminate acupuncturist in the ordinance. b. Report, discussion and direction regarding water and sewer rate adjustments for FY 2009/10. Tom Tait, Deputy Public Works Services Director provided information and a slide presentation regarding proposed utility rate increases. He explained that every year current utility rates are evaluated to ensure proper funding and to provide quality services to the residents. He noted that utility rates fund the operations and maintenance of the water system and the sanitary sewer system; and reported that staff is proposing for 2009/2010 a 3.7% increase in water and sewer rates with automatic COLA adjustments for fiscal years 2010-11, 2011-12, 2012-13 and 04-07-2009 51:0050 2013-14. He provided and discussed water and sewer rates, Proposition 218 balloting procedures and noted that water and sewer rate increases are necessary to fund the Capital Improvement Program and Operating Budget and to maintain a reserve fund balance in case of a natural disaster or emergency. He further noted the lack of a rate increase would not allow the City to recover increasing operations and maintenance costs of running the City's water and sewer system. He advised that additional information will be provided in open session under the City Manager agenda. c. Report, discussion and direction regarding East Raymond Basin Water Resources Study and the Foothill Water Coalition. Pat Malloy, Assistant City Manager/Public Works Services Director provided for informational purposes only a report and slide presentation regarding the East Raymond Basin Water Resources Study which is a local project between the County of Los Angeles, City of Sierra Madre and Arcadia and the Foothill Water Coalition which is a regional project that runs from San Bernardino County to La Canada Flintridge and runs along the base of the San Gabriel Mountains. He explained the purpose of these two projects and how they operate and relate to the City of Arcadia. d. Report, discussion and direction regarding the Sexual Predator Punishment and Control Act (Jessica's Law). Police Chief Sanderson reported that on November 7, 2006, the voters approved Proposition 83 "The Sexual Predator Punishment and Control Act" (Jessica's Law) which better protects Californians and especially children from sex offenders; and that Proposition 83 prohibits any registered sex offender on parole from the California Department of Corrections and Rehabilitation, Adult Parole Operations from residing within 2,000 feet of any. public or private school or park where children regularly gather. Proposition 83 authorizes municipal jurisdictions to enact local ordinances to further restrict the residency of any registered sex offender, whether or not they are on parole or probation. Chief Sanderson noted that many surrounding cities have adopted a local ordinance including Los Angeles. County. He discussed Arcadia's potential residency and loitering restrictions, exclusion zones, sex offender recidivism, parole and offender residency placement and the current status of sex offenders in Arcadia and Los Angeles County. The City Council unanimously directed staff to prepare the appropriate ordinance to amend the Arcadia Municipal Code to include residency and loitering restrictions for sex offenders and bring back to a future meeting for consideration. 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. INVOCATION Reverend Ron Fraker, Church of the Foursquare Gospe{ PLEDGE OF ALLEGIANCE Carolyn Garner-Reagan, Director of Library and Museum Services C 04-07-2009 51:0051 ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEYfAGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in an earlier study session to consider the four items listed on the posted agenda (a) a massage use ordinance which the City Council directed staff to prepare for consideration at a later date prior to the current Massage Use Ordinance expiring in October, (b) a report regarding water and sewer rate adjustments which will be discussed on the regular agenda under City Manager (c) a report regarding the East Raymond Basin Water and Foothill Water Coalition was presented for informational purposes only, and (d) a report regarding the Sexual Predator Punishment and Control Act (Jessica's Law) and the City Council directed staff to prepare the appropriate ordinance to bring back for discussion at a later date regarding residential and loitering restrictions for sexual predators. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman noted that a letter relating to the public hearing item was placed before them on the dais 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 Mayor Pro Tem/Agency Vice Chair Wuo and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of a Proclamation designating April as DMV/Donate Life California Month. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Appeal of Planning Commission Denial of Tentative Tract Map Application No. ' TM69958 for a five (5) lot subdivision with asingle-sided cul-de-sac at 1402-1410 South Eighth Avenue. Recommended Action: Uphold denial 04-07-2009 51:0052 Jim Kasama, Community Development Administrator provided background information regarding the five lot subdivision with a single sided cul-de-sac at 1402-1410 South Eighth Avenue. He noted that a tentative map application was submitted by the property owner in escrow to consolidate three (3) properties for a five (5) lot single family residential subdivision. He further noted the Planning Commission denied (3-2) the proposed subdivision based on findings that the proposed map was not consistent with applicable general and specific plans, that the design and improvement of the proposed subdivision was not consistent with applicable general and specific plans and the site was not physically suitable for the type and density of development. He provided information regarding the proposed single-sided cul-de-sac and noted that the proposal satisfies the City's subdivision regulations and is consistent with the General Plan land use designation; however staff was not in favor of the proposal because of the undesirable characteristics of single-sided cul-de-sacs which are not entirely consistent with Community Development Goals of the General Plan. He discussed the adverse impacts upon neighboring properties and existing property line encroachments. Mayor Harbicht opened the public hearing. Charles Huang, the Applicant, appeared and presented a slide show and spoke on the proposed development of the project. Mr. Bowden of Bowden Development appeared and spoke in favor of the project. Edwin Shay, neighbor to the project, appeared and spoke in favor of the project. Ken (inaudible) appeared and spoke in favor of the project. David Johnson, Johnson Family Representative, appeared and spoke in opposition of the project. David, Lucille and Roy Chang, neighbors to the project, appeared and spoke about the project. (The Chang's also provided a letter on April 6, 2009). The applicant, Mr. Huang addressed issues raised by Mr. Johnson and Mr. Chang during public comment period: A motion to close the public hearing was made by Council Member Kovacic, seconded by Mayor Pro Tem Wuo and seeing no further objection, Mayor Harbicht declared the public hearing closed. City Attorney Steve Deitsch read into the record amendments to the conditions of approval. It was moved by Council Member Chandler seconded by Mayor Pro Tem Wuo and carried on roll call vote to approve Tentative Map Application No. TM 69958 based on findings prescribed by the State Subdivision Map Act and the Arcadia Municipal Code including conditions of approval as recommended by staff and amended by the City Attorney. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 04-07-2009 51:0053 PUBLIC COMMENTS None REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Kovacic congratulated Mayor Harbicht on the Mayor's Community Breakfast; he announced the Community Bike Ride and Arcadia Fire Fighters' Association Breakfast on May 2nd and Law Day on May 9th at the Library; the Citizen of the Year event and Installation of the new Chamber Board on April 17th. He further announced that Mickey and Lee Segal will be receiving the Citizens of the Year and Kevin Zimmerman will be installed as the Chamber's new President. Council Member Amundson thanked staff for updating the Tribute to Arcadia Soldiers sign; he commented on the Italy earthquake and encouraged everyone to be prepared. He congratulated the Mayor on the Mayor's Community Breakfast; he read a letter to the City from Pamela Blackwood on the passing of her husband and noted Easter on Sunday and wished everyone a Happy Easter. Mayor Pro Tem Wuo congratulated the Mayor on an outstanding Community Breakfast; he noted the Arcadia High School ground breaking; the Chamber of Commerce installation dinner and congratulated Mickey and Lee Segal who will be receiving the Citizens of Year award. He also congratulated Jim and Margaret Barrows on receiving an award from the California Parks and Recreation Society. Council Member Chandler thanked staff who worked on the Mayor's Community Breakfast and thanked the Mayor for conducting an orderly public hearing. He also commented on the bankruptcy and sale of the race track property. City Clerk Barrows congratulated the Mayor on the Community Breakfast and noted that this weekend is the Arcadia Invitational Track Meet and reminded everyone to drive safely around the school. Mayor Harbicht thanked everyone who worked and participated in making the Mayor's Community Breakfast a success, especially the City Manager's staff on a terrific job in planning the event. He announced that he recently became a representative of the Southern California Association of Governments which represents eight surrounding cities. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of Februarv 24 2009. March 5. 2009 and March 17. 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of February 24, 2009. March 5, 2009 and March 17. 2009. Recommended Action: Approve 04-07-2009 51:0054 c. Introduce Ordinance No. 2256 amending various Sections to Article IX of the Arcadia Municipal Code. Recommended Action: Introduce d. $37,025.85. Recommended Action: Approve e. Authorize the Citv Manager to execute a contract with MNR Construction. Inc. for the 2008-09 Water Main Replacement Project in the amount of $369,097. Recommended Action: Approve f. Authorize the City Manager to execute the Cooperative Agreement with the Los Angeles County Flood Control District and the City of Sierra Madre for the East Raymond Basin Water Resources Program. Recommended Action: Approve 9~ h. Metro Gold Line Foothill Extension. Recommended Action: Adopt Authorize City staff to continue using the MBIA Asset Management Group for Investment Management Services for the coming year. Recommended Action: Approve A motion was made by Council Member Chandler seconded by Council Member Kovacic and carried on roll call vote to approve items 2.a through 2.i on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None 3. CITY MANAGER a. 04-07-2009 Requirements. Recommended Action: Approve and 2013114. Recommended Action: Approve 51:0055 Tom Tait, Deputy Public Works Services Director provided the staff report regarding proposed utility rate increases. He explained that every year current utility rates are evaluated to ensure proper funding and to provide quality services to the residents. He noted that utility rates fund the operations and maintenance of the water system and the sanitary sewer system; and reported that staff is proposing for 2009/2010 a 3.7% increase in water and sewer rates with automatic COIA adjustments for fiscal years 2010-11, 2011-12, 2012-13 and 2013-14. He provided and discussed water and sewer rates, Proposition 218 balloting procedures and noted that water and sewer rate increases are necessary to fund the Capital Improvement Program and Operating Budget and to maintain a reserve fund balance in case of a natural disaster or emergency. He further noted the lack of a rate increase would not allow the City to recover increasing operations and maintenance costs of running the City's water and sewer system. He advised that a public hearing is scheduled for June 16, 2009 and all appropriate resolutions will be prepared and presented for City Council consideration. A motion was made by Mayor Pro Tem Wuo seconded by Council Member Chandler and carried on roll call vote to follow Proposition 218 balloting procedures for the increase of water and sewer rates and conduct a public hearing at the June 16, 2009 City Council meeting with prepared resolutions to adopt the proposed rate increases for fiscal years 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14. AYES: Council/Agency Member Wuo, Chandler, Amundson, Kovacic and Harbicht NOES: None ABSENT: None ' b. Adopt Resolution No. 6674 adopting a written policv for distribution of Citv controlled tickets and/or passes to Citv officials in compliance with California Code of Regulations, Section 18944.1, as amended by the Fair Political Commission Recommended Action: Adopt Mr. Penman provided the staff report regarding the adoption of a written policy for distribution of City controlled tickets and/or passes to City officials. He noted that the Fair Political Practices Commission recently amended their regulations pertaining to the disbursement of tickets to and from a public agency which are used by individual public officials and in order to comply with the new regulations the City must adopt a written policy. A motion was made by Council Member Chandler seconded by Mayor Pro Tem Wuo and carried on roll call vote to adopt Resolution No. 6674 adopting a written policy for distribution of City controlled tickets and/or passes to City officials in compliance with California Code of Regulations, Section 18944.1, as amended by the Fair Political Practices Commission. AYES: Council/Agency Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 04-07-2009 7 51:0056 ADJOURNMENT The City Council/Redevelopment Agency was adjourned in memory of Terry Blackwood at 9:40 p.m. to Tuesday, April 21, 2009, 7:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. ~~~ ~~ Robert C. Harbicht, Mayor ATTEST: _~f~--~ James H. Barrows, City Clerk 0 04-07-2009