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HomeMy WebLinkAboutJune 2, 200951:0075 CITY COUNCIL/REDEVELOPMENT AGENCY L REGULAR MEETING MINUTES TUESDAY, JUNE 2, 2009 CALL TO ORDER - Mayor Wuo called the Study Session meeting to order at 4:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) - None STUDY SESSION a. Report, discussion and direction regarding the Proposed 2009-11 Fiscal Year Budget. City Manager Don Penman reminded the City Council that the overall City budget is about $600,000 out of budget; he reported the Police and Fire Associations have agreed with the deferrals proposed by the City and the Miscellaneous and Public Works Employee groups will meet shortly; and he noted a public hearing has been set to adopt the fiscal year 2009-2010 budget June 16. Mr. Penman reported about $10 million dollars in CIP projects are budgeted; he noted that some CIP money is pari-mutuel money received from the race track and about $1.1 million dollars is anticipated for next fiscal year from this source; he noted $5.2 million dollars of street projects are scheduled for next year such as a slurry seal project and the Baldwin Reservoir seismic upgrade project. He advised that another street lighting analysis is budgeted for next fiscal year and noted the cost to the 2010-11 budget could be about $400,000 to the General Fund if the lighting assessment fails again. Jason Kruckeberg, Development Services Director provided a brief overview of the 2009-10 Redevelopment Agency budget; he reported $8.2 million dollars in fund balance which does not include a $4 million dollar debt owed to the housing fund or the $2.2 million dollar note owed to the City for the Church in Arcadia project leaving a balance of about $2 million dollars for redevelopment projects and about $350,000 in capital projects and the low/moderate housing fund balance is currently $4.8 million. Jerry Schwartz, Economic Development Manager provided a brief update on 2009-10 projects including the Rusnak Expansion project, a fagade improvement program in the downtown area, Christmas decorations, Breeders Cup promotions, and new banners in the downtown area; he noted a new 5 year Implementation Plan will be submitted later in the year which is due in 2010. Mr. Kruckeberg discussed and reported on two CIP projects that related to the Gold Line including design work for the transit plaza area that the City had done some time ago. Council Member Kovacic asked if the artwork for the bridge over Huntington and Second can be located. 06-02-2009 51:0076 Mr. Penman provided an overall recap of the $594,000 the budget is out of balance in revenues and expenditures; he also discussed and explained the alternatives listed in his supplemental budget information memorandum. The City Council directed the City Manager to supplemental budget memorandum dated May appropriate budget resolutions. implement those alternatives addressed in his 14, 2007, and new items and to prepare the CLOSED SESSION a. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Magna Entertainment Corp., et al.. (United States Bankruptcy Court - District of Delaware (Case No. 09-10720 (MFW) b. Pursuant to Government Code Section 54956.9 a conference with real property negotiators: Property: 15 Lucille Street Agency Negotiator: Agency Executive Director and Development Services Director Negotiating Parties: Arcadia Redevelopment Agency and First American Asset Management. Under Negotiation: Price and Terms of Payment C. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: William W. Floyd, Hue Quach and Michael Casalou. Employee Organizations: Arcadia Public Employees Association, Arcadia City Employees, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers and Part-time employees. d. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding potential litigation by the Environmental Protection Agency (EPA) concerning the Casmalia Disposal Site and alleged liability of the City of Arcadia, among many other parties, for the disposal of waste at the Site. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION - Reverend Terry Keenan, Santa Anita Church PLEDGE OF ALLEGIANCE - Sara Somogyi, Recreation and Community Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Wuo, Amundson, Kovacic, Harbicht, and Chandler ABSENT: None 06-02-2009 2 51:0077 REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION ITEMS Mr. Deitsch reported the City Council and Redevelopment Agency met in a closed session to consider the four (4) items listed on the posted agenda, no reportable action was taken. City Attorney Steve Deitsch further reported the City Council and Redevelopment Agency met in a Study Session to hear a report, discuss and provide direction regarding the proposed 2009-11 fiscal year budget. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman noted correspondence from Maxtrix Environmental were distributed to the City Council prior to the meeting regarding the Westfield expansion public hearing item and a supplemental memorandum from the Public Works Services Department regarding the Janitorial and Porter Services item under City Manager MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tern 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. Mayor Wuo presented Team Dream Makers and Team Fun Crafters including Coach Gilbert Mendez with Certificates. 1. 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. Consideration of an amendment to Architectural Design Review No. ADR 2005- 026 for Westfield Shoppingtown - Santa Anita Phase 1 b to increase the restaurant space from 10,000 square feet to 23,500 square feet. Adopt Resolution No. 6676 amending Condition No. 9 of Resolution No. 6562 - Architectural Design Review No. ADR 2005-026 for the expansion of the Westfield Shoppingtown - Santa Anita (Phase1 b) at 400 South Baldwin Avenue Recommended Action: Conduct Public Hearing and Adopt Resolution Jason Kruckeberg, Development Services Director provided background information regarding the Phase lb expansion approved in 2007; and explained the amendment to increase the restaurant square foot usage and decrease the retail square foot usage as requested by Westfield. 06-02-2009 51:0078 Lisa Flores, Senior Planner explained Westfield's request to amend one of the conditions of approval to the Phase lb project to increase the restaurant use from 10,000 square feet to 23,500 square feet which would also include outdoor dining; she noted the overall 100,800 square footage will not change since Westfield is proposing to reduce the retail portion by 13,500 square feet in exchange to increase the restaurant use. She noted that Westfield is considering restaurant proposals from Panera Bread, Ruby Tuesday and Manna BBQ which totals approximately 17,961 square feet. She further noted that staff requested the traffic and parking be reanalyzed to determine if the proposed amendment would have any impacts to the mall; she explained the parking demand and the approved on-site parking including the environmental analysis. Mr. Flores mentioned the letter received from Caruso Affiliated last week concerning CEQA determinations and Westfield's response letters. She noted the Planning Commission reviewed Westfield's request at a public hearing on May 12, 2009 and concurred (5-0) with staff's analysis that the proposed amendment with enhance activities for the entire mall by creating a more inviting shopping and dining atmosphere. She explained that staff has also determined that the proposed amendment will not change the overall total square footage of Phase 1 b and will not result in any new impacts. Jason Kruckeberg confirmed the City received a letter from Caruso Affiliated on May 27, 2009, and on May 28, 2009 from Santa Anita Park, and on June 2, 2009 regarding CEQA finding the City has made which was a categorical exemption for existing facilities based on the City's requirements for a regional shopping center in the zoning code. He also noted the 2 letters received from Matrix Environmental in response to the letter from Caruso Affiliated and another one from Maxtrix Environmental regarding the environmental implications of the modification of the conditions of approval which discusses each of the environmental issues. Mayor Wuo opened the public hearing. John Healy, Westfield Shoppingtown addressed questions raised by Council Member Kovacic and Chandler; he discussed Westfiield's request to increase the restaurant use and the off-site parking and traffic concerns during the holiday season; and he introduced Pat Gibson, Traffic Engineer, Stephanie Eyestone-Jones, Environmental Consultant and their land-use attorney. Joel S. Moskowitz, Esq., Senior Vice President of Caruso Affiliated appeared and commented on the letter received from Maxtrix Environmental to the City and requests a Negative Declaration be done; he discussed various CEQA related issues; and he provided a copy of his resume. Brian Cornelius, Caruso Affiliated Project Manager for the Shops at Santa Anita appeared and commented on the letter received from Matrix Environmental and the CEQA findings the City made regarding the project and requests that Westfield prepare a Negative Declaration. Vince Foley, Arcadia resident appeared and spoke in opposition of Westfield's request to expand the restaurant space. Jeff Bowen, Arcadia resident appeared and requested the City Council require Westfield to comply with the same rules that were required of the Shops at Santa Anita project. Scott Hettrick, Arcadia resident appeared and commented on Westfield's request to expand the restaurant space. 06-02-2009 4 51:0079 Stephanie Eyestone-Jones of Matrix Environmental representing Westfield discussed the original Environmental Impact Report she prepared for the Westfield Expansion Phase lb project and responded to various comments and issued raised. Francis Park, Park & Velayos, representing Westfield Shoppingtown explained the class one categorical exemption CEQA guidelines as it relates to the Phase 1 b project. Mary Daugherty, Arcadia resident appeared and spoke in opposition of Westfield's request to expand the restaurant use and requested further environmental review. Rick Lemmo, Sr. Vice President of Caruso Affiliated appeared and commented on Westfield's request to expand and requested that Westfield be required to prepare a Mitigated Negative Declaration. Beth Costanza, Director of the Arcadia Chamber of Commerce appeared and requested the City study Westfiield's request further. Pat Gibson, Gibson Traffic representing Westfield appeared and spoke regarding various traffic and parking concerns related to Westfield's request. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. In response to a question by Mayor Wuo regarding CEQA issues and potential litigation, Mr. Deitsch responded that there is nothing to prevent another party from suing the City based on arguments derived from the California Environmental Quality Act; and that a categorical exemption as applied to Westfield's application is legally defensible, fair and appropriate for the City Council to use as they review the project under CEQA. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to continue and reopen the public hearing on July 7, 2009 and direct staff to provide an analysis regarding the negative declaration or a categorical exemption regarding the project. Mr. Deitsch reminded the City Council and Westfield that as part of the conditions of approval for the Westfield expansion, including Phase 1 b, and for the current application, Westfield was and will be required to indemnify, defend and hold harmless the City of Arcadia regarding any challenge to any decision made regarding their current application or the prior application by Westfield for approval of Phase 1 b. He urged Westfield to determine whether they are confident in proceeding with the categorical exemption. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None 06-02-2009 51:0080 PUBLIC COMMENTS Troy Hernandez, President of the Arcadia Police Officers Association appeared and spoke on behalf of the Association; he expressed their commitment to excellence and how proud they are to work for such a great community; he noted the Association meet and voted to defer some of their benefits in order to help with the City's deficit and asked the City Council explore different services and take into consideration what other bargaining units may do. Council Member Harbicht commented that the City Council, in Study Session, expressed their appreciation to the bargaining groups that have stepped up and contributed to help the City with the budget deficit. Elisa Clifford of Southern California Edison provided an update on the State of the Utility System; she also extended an invitation to the City Council and staff to attend their Big Creek trip in the High Sierras. Solania Serrano appeared and discussed the City's current moratorium on massage establishments; she noted that she had not received a response from the City to a letter she sent to the City Council on December 2, 2008 regarding her situation. As the request of Mayor Wuo, Mr. Kruckeberg provided an update on the moratorium; he advised that the City is currently working on a new ordinance which will differentiate legitimate and illegitimate use; the City is currently looking at what other cities are doing and looking into the various issued raised at the public hearing; he noted the City should be ready to schedule a public hearing in the next couple months. Scott Sayer, Arcadia resident appeared and commented on Westfield's request to expand its restaurant use; he requested additional trees be installed for any additional parking stalls; and noted the 21 concrete tree wells missing trees on Baldwin Avenue and requested it be made a condition of approval to replace the missing trees. REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Kovacic thanked Elisa Clifford for mentioning their service to the Foothill Unity Center Board of Directors and noted Foothill Unity Center is expanding into health care and job training for low income community members and also announced its fundraiser dinner on June 6th. Mayor Pro Tern Amundson announced he attended a League of California Cities workshop which discussed "tools of effective councilmanship"; and thanked City staff for their help in alleviating a portion of the deficit. Council Member Harbicht had no comments. Council Member Chandler announced the Foothill Transit Authority purchased 3 all electric buses which will be ready for service in about 6 to 8 months; he noted that Foothill Transit Authority Board will become a member of the Arcadia Chamber of Commerce and commented on energy. City Clerk Jim Barrows had no comments. 06-02-2009 6 51:0081 Mayor Wuo announced that because of timing issues a community BBQ for 4th of JUly is unlikely so he would like to see a 911 Patriotic Days on September 12 as the community BBQ and L requested $5,000 be allocated for this event. In response to Mayor Wuo's request that $5,000 be allocated for the September 12 Community BBQ, Mr. Penman noted that the $5,000 will be placed in the preliminary budget and can be discussed at the public hearing. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of May 19, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of May 19. 2009. Recommended Action: Approve C. Introduce Ordinance No. 2258 amending Article IX. Chapter 2. Part 6 of the Arcadia Municipal Code Dertainina to temgorarv banners and commercial and industrial parking. Recommended Action: Introduce (Public Hearing conducted 5/19/09) d. Accept all work performed by S. J. Grigolla Construction. Inc. for the Curb Ramp Replacement Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve e. Authorize the City Manager to execute a contract with United Nutrimeals to provide meals for the Senior Luncheon Nutrition Program at the Arcadia Community Center from July 1. 2009 through June 30. 2010. Recommended Action: Approve Authorize the City Manager to execute a contract with Repipe-California, Inc. for the Sewer Structural Damage Relining Project in the amount of $82.140. Recommended Action: Approve g. Authorize the City Manager to execute a Purchase Agreement for software maintenance of the City's Pentamation Financial System in an amount not to exceed $32.100. Recommended Action: Approve h. Waive the formal bid process and approve Aardvark Tactical and Adamson Police Products as ballistic vest and police field tactical equipment vendors for the Police Department. Recommended Action: Approve 06-02-2009 7 51:0082 Waive the formal bid process and approve Tom's Uniforms. West End Uniforms and Galls-Long Beach Uniform as uniform vendors for the Police Department. Recommended Action: Approve Approve the purchase of self-contained breathing apparatus and related respiratory protection equipment from L.N. Curtis & Sons in an amount not to exceed $279,467. Recommended Action: Approve A motion was made by Council Member Amundson seconded by Council Member Kovacic and carried on roll call vote to approve items 2.a through 2.j on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Amundson, Kovacic, Chandler, Harbicht and Wuo NOES: None ABSENT: None 3. CITY MANAGER a. Authorize the City Manager to execute a Professional Services Agreement with Beatrice Picon to administer the Housing Rehabilitation and CDBG-R Programs funded through the Community Development Block Grant Program in an amount not to exceed $40,000. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that RFP proposals were sent out to eleven organizations experienced in managing CDBG funds and the City received eight proposals; he noted interviews were conducted by three staff members and recommends hiring Beatrice Picon to administer the Housing Rehabilitation Program as a sole proprietor. Mr. Schwartz explained that a large portion of CDBG funds are used for the single family housing rehabilitation program and provides grants of up to $12,000 for eligible improvements to single family homes for lower income homeowners and has been in place for 23 years. He noted the agreement with Ms. Picon would not exceed $40,000 to administer the housing rehabilitation and CDBG-R programs funded through the Community Development Block Grant program; $34,000 is for the administration of the current single family rehabilitation program for fiscal year 2009-10 and approximately $6,000 for the management of the new CDBG-R funds. He further noted that Ms. Pincon will manage approximately $450,000 in rehabilitation funds, including $200,000 for the 2009-10 CDBG allocation and approximately $130,000 in prior year rehabilitation funds that have not been spent plus the $120,195 in new CDBG-R funds. Mr. Schwartz introduced Ms. Pincon to the City Council. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to authorize the City Manager to execute a Professional Services Agreement with Beatrice Picon to administer the Housing Rehabilitation and CDBG-R Programs funded through the Community Development Block Grant Program in an amount not to exceed $40,000. AYES: Council/Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None 06-02-2009 8 51:0083 b. AAwrove the reward offer of $20,000 for information leading to the identification and arrest of suspects(s) in the murder of Jason Wei. Recommended Action: Approve Captain Gene Gioia provided a summary of the robbery and murder of Jason Wei, a local businessman and resident of the City, on November 25, 2007 at the Osaka Ya Sushi Restaurant in Arcadia and requests a reward offer of $20,000 for information leading to the identification and apprehension of the person(s) responsible for the brutal murder of Jason Wei. Detective Dan Crowther explained that Mr. Wei was killed during a robbery at his restaurant; Mr. Wei was 42 years old and shot once in the upper torso and died at the scene. Detective Crowther further explained that an exhaustive criminal investigation was launched including interviews of witnesses and despite all efforts made to catch the person(s) responsible for this heinous crime, the probability of solving this crime diminishes as time goes on. He commented that on May 26, 2009, the Los Angeles County Board of Supervisors approved an award in the amount of $20,000 and the Police Department is seeking approval of $20,000 which would bring the total reward to $40,000 which may prompt a witness to surface. It was moved by Council Member Chandler seconded by Council Member Harbicht and carried on roll call vote to approve the reward offer of $20,000 for information leading to the identification and arrest of suspects(s) in the murder of Jason Wei. AYES: Council/Agency Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None C. Reiect the bids submitted for Janitorial and Porter Services at Various Cit Facilities and direct staff to re-bid the contract with revised specifications for these services and award a two-month purchase order contract to Valley Maintenance in the amount of $60,000. Recommended Action: Approve Pat Malloy, Assistant City Manager/Public Works Services Director reported that in March, Grace Maintenance failed to meet contract performance requirements for janitorial services at City facilities and terminated its contract with them for breach of contract on April 6, 2009; he reported that the City solicited bids and four were received; one was rejected for being late and not having the required bonds and the three remaining bids ranged from $382,000 to $400,000 which were substantially over the City's budgeted amount of $325,000 and recommends the City Council reject all bids submitted for janitorial and porter services; direct staff to rebid the contract with revised specifications; and approve a two month purchase order contract through the month of August in the amount of $60,000 with Valley Maintenance Corporation to continue janitorial and porter services at various City facilities. 06-02-2009 9 51:0084 It was moved by Council Member Harbicht seconded by Council Member Amundson and carried on roll call vote to reject all bids for janitorial and porter services at various City facilities; direct staff to re-bid the contract with a reduced scope of work and approve a two-month purchase order contract through the month of August in the amount of $60,000 with Valley Maintenance Corporation to continue janitorial and porter services at City facilities in the amount of $60,000. AYES: Council/Agency Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Bluemel at 9:30 p.m. to Tuesday, Conference Room located at 240 W ATTEST: ames H. Barrows, City Clerk Agency meeting adjourned June 16, 2009, 6:00 p.m. Huntington Drive, Arcadia. in memory of Eric Brandon in the City Council Chamber 06-02-2009 10