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HomeMy WebLinkAboutItem 1a: Minutes of July 21, 2009 & August 18, 200951:0104 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JULY 21, 2009 CALL TO ORDER - Mayor Wuo called the meeting to order at 5:00 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 General Plan Revised Land Use Concept. Jason Kruckeberg, Development Services Director provided a brief overview of what was discussed at the July 7, 2009 Study Session; that the Study Session was continued to July 21 in order to gather additional information related to planning and land use in the Downtown area and along Live Oak Avenue, density and the State requirements. Mr. Kruckeberg noted that at the last study session, the City Council requested additional information regarding the recommendation to change the residential density in the City's existing R-3 zones from 24 units an acre to 30 units per acre; he reported that the recommendation will ensure that density is directed into the area of the City that already supports it; he further noted that R-3 zoned areas are already multi-family areas and supported by the road and infrastructure network and adding this density to the existing R-3 areas provides support for existing commercial districts and retail/service uses that are surrounded by multi- family housing. He also discussed the City Council's request for the locations of potential new housing units including the State's requirements through the Regional Housing Needs Allocation; he reported that as part of the "sites inventory analysis" the City must establish sites that will accommodate the local government's share of the regional housing need for lower-income households; he explained AB 2348 and discussed the different ways the City must establish sites. Mr. Kruckeberg provided information regarding the current capacity of the City's R-3 zones (24 units per acre maximum) using the 80% assumption within the General Plan as requested by the City Council at the last study session; he reported that existing density of R-3 areas city- wide are already built at approximately 80% of allowable; that there are many developments in the R-3 areas that are built at or above 24 units per acre at a time when unit sizes were smaller, parking regulations were less and density was greater. The City Council unanimously agreed to change the downtown mixed use to require commercial uses on the ground floor; commercial uses only permitted along the Santa Anita Corridor; and reduce the FAR to 1.0 and the height to 45' including properties along Colorado Place. 07-21-2009 51:0105 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION - Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE - Pat Malloy, Assistant City Manager/Public Works Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Wuo, Amundson, Kovacic, Harbicht, and Chandler ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council and Redevelopment Agency met in a Study Session to receive a report, discuss and provide direction regarding a proposed General Plan Land Use Concept; he further reported the City Council and Redevelopment Agency also met in a closed session to consider the one (1) item listed on the posted agenda regarding potential litigation relating to pregnancy care facilities, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem/Vice Chair 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. 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Consideration of an amendment to Architectural Design Review No. ADR 2005- 026 for Westfield Shoppingtown - Santa Anita Phase lb 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 reported that the continued public hearing from June 2, 2009 to July 7, 2009 was to allow staff an opportunity to review response letters and to further analyze the environmental determination; on July 7th, the City Council approved requests from Westfield and Caruso Affiliated to continue the public hearing to July 21st; he provided a summary regarding Westfield's request to amend Condition No. 9 of Resolution No. 6562 and Architectural Design Review No. ADR 2005-026 to increase the restaurant space from 07-21-2009 2 51:0106 10,000 square feet to 23,500 square feet at the Westfield Santa Anita Mall Phase 1 b Project; he reported on concerns raised at the June 2nd public hearing that a Negative Declaration or Mitigated Negative Declaration should have been the appropriate environmental analysis report for the project and not a Categorical Exemption as recommended by staff; he explained the key consideration of a Class 1 Exemption; he noted that parking demands during the holiday season was not a condition of approval, but advised that Westfield has agreed to provide an off-site parking management plan as part of the Addendum; he also noted that as part of the mitigation measure from the existing EIR, Westfield was required to add a lane to the Foothill Boulevard/Baldwin Avenue West intersection; that a permit was issued by Caltrans in December 2007 and extended in February and June 2009; he advised that Condition No. 2 was re-worded to allow the City some flexibility in the event Caltrans delays the project any further that the City would be able to issue a certificate of occupancy if that delay was solely a Caltrans issue and not Westfield. Mr. Kruckeberg recommended approval of Resolution No. 6676 amending Architectural Design Review 2005-26 and Condition No. 2 of Resolution No. 6652 to require the completion of the mitigation measure for the Caltrans project and Condition No. 9 to increase the restaurant space from 10,000 square fee to 23,500, which includes outdoor dining and add a Condition No. 34 relating to approval of a holiday parking management plan; and approve the project with a Categorical Exemption as originally recommended by staff. Mayor Wuo opened the public hearing John Healy, Vice President of Development with Westfield Shoppingtown, thanked staff for all their hard work; he provided a brief summary of Westfield's request to increase the restaurant space from 10,000 square feet to 23,500 square feet; he commented on issued raised at the last public hearing regarding air quality, off-site parking and noted that they agree with staffs recommendation for approval; he advised that Westfield agrees to indemnify and defend the City in the event any litigation is filed regarding the approval of this project. Joel S. Moskowitz, Esq., Senior Vice President of Caruso Affiliated appeared and commented on the Negative Declaration and discussed various CEQA related issues; and noted that the name on the application submitted by Westfield is not correct; and commented on various legal issues related to the project. Brian Cornelius of Caruso Affiliated appeared and discussed his concerns regarding the mall and various issues concerning Westfield's request to increase the restaurant space including environmental impacts. Dan Kringle of ERM West appeared and commented on the study and analysis prepared regarding the Westfield project. Mary Dougherty an Arcadia resident appeared and spoke in opposition to Westfield's request to expand the restaurant use and requested a further environmental review be conducted. Gail Marshall appeared and requested an in-depth environmental review be conducted. Vince Foley, Arcadia resident appeared and spoke in opposition of Westfield's request to expand the restaurant space. Scott Hettrick, Arcadia resident appeared and commented on Westfield's request to expand the restaurant space. 07-21-2009 3 51:0107 Rick Lemmo, Sr. Vice President of Caruso Affiliated appeared and commented on Westfiield's request to expand its restaurant space and discussed the Mitigated Negative Declaration. Francis Park, Park & Velayos, representing Westfield Shoppingtown explained the Class One Categorical Exemption CEQA guidelines as it relates to the Phase 1 b project. 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. Pat Gibson, Gibson Traffic representing Westfield appeared and commented on various traffic and parking issues. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Kovacic and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Harbicht seconded by Council Member Wuo and carried on roll call to adopt Resolution No. 6676 amending Resolution No. 6562 (Architectural Design Review ADR 2005-026) Condition No. 9 and Condition No. 2 relating to the expansion of the Westfield Shoppingtown Santa Anita Phase 1 b at 400 South Baldwin Avenue and delete Condition No. 34. AYES: Council Member Harbicht, Wuo and Chandler NOES: Council Member Amundson and Kovacic ABSENT: None b. Appeal of Business License revocation for non-compliance with the City of Arcadia Massage Identification Card and business License requirements by Best Health Center at 25 N. Santa Anita Avenue. #C. Recommended Action: Deny appeal and uphold revocation Jason Kruckeberg, Development Services Director provided the staff report regarding the revocation of the business license for Best Health Center; he reported the business license was revoked on May 20, 2009 at the request of the Police Department for non-compliance of the City's Massage Therapist regulations including continued violations of massage therapy activities as required by the Arcadia Municipal Code. He advised that the owner of Best Health Center appealed the decision of the Business License Review Board on May 26, 2009; that the Business License Review Board met on June 3, 2009 and unanimously voted to recommend to the City Council that the revocation of the business license for Best Health Center be upheld. Mr. Kruckeberg further recommended that the appeal of Mr. Pang be denied and that Mr. Pang not be permitted to do business in the City of Arcadia for five (5) years in accordance with the Arcadia Municipal Code. Detective John Bonomo of the Arcadia Police Department provided a summary of the inspections conducted which lead to the revocation of the business license for Best Health Center. Mayor Wuo noted for the record that an unsigned letter was received from a concerned citizen regarding Best Health Center and will not be entered into the record. He advised that the City will not accept letters that are not signed. 07-21-2009 4 51:0108 Mayor Wuo opened the public hearing. Chao Pang, owner of Best Health Care Center appeared and spoke through his translator, Jason Chen, regarding the history and operation of his business including the revocation of his business license. A motion to close the public hearing was made by Council Member Kovacic seconded by Council Member Amundson and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Mayor Pro Tern Amundson, seconded by Council Member Harbicht and carried on roll call to deny the appeal and the revocation of the business license for Best Health Center be upheld and that Chao Pang not be permitted to do business in the City of Arcadia for five (5) years in accordance with Section 6418.24 of the City's Massage Therapist Regulations. AYES: Council Member Amundson, Harbicht, Chandler, Kovacic and Wuo NOES: None ABSENT: None C. Introduce Ordinance No. 2260 amending Article VI Chapter 4 Division 8 of the Arcadia Municipal Code concerning the Licensing of Massage Therapist Businesses. Recommended Action: Introduce Jason Kruckeberg, Development Services Director reported that the City Council adopted a moratorium due to a proliferation of establishments that provided massage services in the City on October 21, 2008 and extended on November 18, 2008 for an additional 10 months and 15 days; he noted that the City Council was provided information relating to massage regulations to review and consider options regarding the massage licensing process; he provided a summary of the inspections conducted by the Police Department and Code Services of such establishments operating in violation of the ordinance. He noted the moratorium currently in effect would expire on October 21, 2009; and further noted that since the moratorium has been in place, the City has revoked eight licenses based on the recommendation of the Police Department. He explained that during the moratorium period, the City reviewed its regulations and enforcement as well as new State legislation governing massage therapist statewide; he discussed the incidental and secondary use; and explained the changes to the proposed ordinance relating to compliance and coordination with the new state process such as limiting the number of allowable licenses at a doctor or chiropractors office and other concerns addressed by the City Council such as prohibiting massage therapists at acupuncture offices. He concluded that staff and the Police Department confirmed that the proposed ordinance provides adequate protection for massage uses throughout the City and is responsive to the new state laws. Mayor Wuo opened the public hearing. Solania Serrano appeared and commented on the massage therapist licensing procedures and suggested limiting the number of licenses issued. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Amundson and seeing no further objection, Mayor Wuo declared the public hearing closed. 07-21-2009 5 51:0109 It was moved by Council Member Chandler seconded by Council Member Kovacic and carried on roll call to introduce Ordinance No. 2260 amending Article VI, Chapter 4, Division 8 of the Arcadia Municipal Code concerning the licensing of massage therapist businesses. AYES: Council Member Chandler, Kovacic, Amundson and Harbicht NOES: Council Member Wuo ABSENT: None d. Approve the annual Weed Abatement Charge List. Recommended Action: Approve Lisa Mussenden, Chief Deputy City Clerk/Records Manager reported that annually the County of Los Angeles abates weeds and rubbish from certain properties in the City and assessed an inspection and/or abatement fee on their property taxes. She noted that the County Agricultural Commission mailed notice of the public hearing to each property owner who were assessed a fee in order to afford them an opportunity to protest the assessed charge; that the Weed Abatement Charge List must be approved by the City Council so the County Auditor may enter the assessments against the properties on the current tax rolls. She advised that the only role the City plays in this process is to conduct the public because those properties on the Weed Abatement Charge List are located in the City of Arcadia. Mayor Wuo opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Council Member Chandler seconded by Mayor Pro Tern Amundson and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Mayor Pro Tern Amundson and carried on roll call to approve the Weed Abatement charge list so the County Auditor may enter the amounts of the assessments against those properties against the respective parcels of land. AYES: Council Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS Darcel Woods a resident of La Verne appeared and introduced herself as a potential candidate for the 59th Assembly District seat in 2010. REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Chandler reported he attended Independent Cities Association Conference in Rancho Bernardo. Council Member Harbicht reported he recently attended the Independent Cities Association Conference in Rancho Bernardo; he reported on several topics discussed at the conference affecting cities; he announced that a few months ago, the City Council increased the speed limit on Colorado Boulevard; he explained how speed limits are set and noted that residents contacted the City regarding the increased speed limit on for Colorado Boulevard and after staff 07-21-2009 6 51:0110 restudied the speed limit an item was placed on the agenda that reduced the speed limit on that street . Council Member Kovacic echoed Council Member Harbicht's comments regarding the State's budget; he congratulated the Chamber of Commerce on their 75th Anniversary which included a dedication of a historical sign; he also congratulated Wink Martindale who was in attendance on his 75th Birthday; he commended Sara Samogyi and the staff on the great concert series; and reminded everyone to use the doggie bags given out at the concert. Mayor Pro Tern Amundson commented on the State's budget; he noted that he would like to see Arcadia have a July 4th event next year; he also reported that he attended the Independent Cities Association Conference; and commented on a session he attended regarding branding. At the request of Council Member Amundson, City Attorney Steve Deitsch provided an update regarding the Magna Corporation bankruptcy petition; he reported that the Delaware Bankruptcy Court ordered a bidding process be conducted for properties owned by Magna Corporation which includes the Santa Anita Race Track; that the bidding period for Santa Anita Race Track expires the end of July. He reported that staff met with two potential bidders regarding permissible land uses for the race track; that the litigation involving the Caruso project and the California Environmental Quality Act remains on hold in the Appellate Court. He explained the bankruptcy claims process where creditors who have claims against Magna Corporation will be required to file a proof of claim and any monies for service due and owing to the City from Magna will be timely filed. Mr. Penman also reported that bids will be opened at the end of July and then that bid becomes a stocking horse bid that other bidders can then bid against and noted that the actual bidding process could take place sometime in September in New York. He explained that the bankruptcy court could at anytime after the bid opening in July select a potential buyer at that time. Mayor Wuo reported that he also attended Independent Cities Association Conference in Rancho Bernardo which he found very informative and educational; he commented that after the Independent Cities Association Conference he traveled to Sacramento and provided a brief description of topics discussed; he announced the Stars and Stripes Community Picnic and Arcadia's first "Got Talent" contest on September 12, 2009 on the City Hall lawn. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of July 7 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of July 7. 2009. Recommended Action: Approve 07-21-2009 7 51:0111 C. Adopt Resolution No 6687 approving Program Supplemental Agreement No. 009-N to Encumber Federal Aid Funds for the Rehabilitation of Santa Anita Avenue from Longden Avenue to Live Oak Avenue Proiect and authorize the City Manager and the City Clerk to execute this Agreement. Recommended Action: Adopt d. Adopt Resolution No 6688 amending Resolution No. 6670 setting forth legally enforceable speed limits on a portion of Colorado Street. Recommended Action: Adopt e. Adopt Resolution No 6690 establishing compensation and related benefits for City Council Executive Management Safety Management and Management Employees. Recommended Action: Adopt f. Authorize the City Manager to execute a contract with Great Cleaning Service, Inc for Janitorial and Porter Services at various City facilities in the amount of $229,173. Recommended Action: Approve g. Authorize the City Manager to execute a one (1) year contract extension with D&J Foothill Electrical Contractors Inc. for electrical preventative maintenance at various city facilities in the amount of $115,500. Recommended Action: Approve h. Accept all work performed by Pardess Air for the installation of air handlers for heating and cooling in the Library as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve i. Accept all work performed by Advanced Solutions for the installation of 75 Catch Basin inserts to capture trash debris to be in compliance with the Trash TMDL Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve j. Authorize a contract change order to Sheldon Mechanical Corporation in the amount of $21,622 for extraordinary repairs and appropriate the $21,622 from the Capital Outlay Fund. Recommended Action: Approve k. Authorize the City Manager to execute a contract with Office Depot for office supplies in an amount not to exceed $140,000 for the period of July 1, 2009 through June 30, 2010. Recommended Action: Approve 1. Authorize staff to continue utilizing personnel legal services under current agreements and authorize new fiscal terms for fiscal year 2009-10. Recommended Action: Approve 07-21-2009 51:0112 M. Award a Purchase Order to Haaker Equipment Company for one (1) 2010 alternative fuel street sweeper for street cleaning maintenance in the amount of $236,226. Recommended Action: Approve n. Award a one (1) Year Purchase Order contract extension to Daniels Tire Service for the purchase of tires and accessories for City vehicles in the amount of $70,000. Recommended Action: Approve o. Award a one (1) year Purchase Order contract extension to Waterline Technologies, Inc. for the purchase of Sodium Hypochlorite to disinfect the City's domestic water supply in the amount of $45,000. Recommended Action: Approve It was moved by Mayor Pro Tem/Agency Vice Chair Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to approve City Council/Agency Consent Calendar items 2.a through 2.0. AYES: Council/Agency Member Amundson, Chandler, Kovacic, Harbicht and Wuo NOES: None ABSENT: None 3. CITY MANAGER a. Approve the Design and Performance Standards System Capacity Plan Monitoring Measurement and Program Modifications SSMP Audits and Communication Program Elements of the Sewer System Management Plan required by the Statewide General Waste Discharge Requirements Recommended Action: Approve Pat Malloy, Assistant City Manager/Public Works Services Director reported that on May 2006 the State Water Resources Control Board adopted the General Waste Discharge Requirements which requires that all public wastewater collection system agencies in the State document their sanitary sewer system activities; he noted that staff has been working on procedures in order to comply with the new waste discharge requirements. Tom Tait, Deputy Public Works Services Director advised that the State has specific mandates that require all agencies that own and operate a public sewer system to prepare a Sewer System Management Plan ("SSMP"); he reported that the document is intended to serve as a proactive plan that will prevent sewer overflows and maintain the integrity of the City's sanitary sewer system; that Arcadia's Sewer Master Plan addresses the needs of the City's sewer system; staff took the Sewer Master Plan and the Sewer Spill Response Plan and incorporated them into the development of the SSMP; he briefly discussed the three phases of the SSMP to be completed and must be approved by the City Council then certified by the State Water Board. Carmen Trujillo, Public Works Services Management Aide discussed the elements of the Sewer System Management Plan; she reported that the SSMP consists of 11 elements and 3 phases; she noted that the City Council previously approved Phase 1 and 2, and Phase 3 is completed and requires City Council approval; she provided a description of Phase 3 which is focused on 07-21-2009 9 51:0113 Design and Performance Standards, System Capacity Plan, Monitoring Measurement and Program Modifications, SSMP Audits and Communications Program elements and requires City Council approval as required by the Statewide General Waste Discharge Requirements. It was moved by Council/Agency Member Harbicht seconded by Mayor Pro Tem/Agency Vice Chair Amundson and carried on roll call vote to approve the Design and Performance Standards, System Capacity Plan, Monitoring, Measurement and Program Modifications, SSMP Audits and Communication Program Elements of the Sewer System Management Plan required by the Statewide General Waste Discharge Requirements. AYES: Council/Agency Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None b. Report and discussion regarding a Lease Agreement for 2,500 acre feet of Water Production Rights in the Main San Gabriel Basin from Azusa Valley Water Company. Recommended Action: Receive and File Pat Malloy, Assistant City Manager/Public Works Services Director reported that the City each year is allowed to pump a limited amount of water from the Main San Gabriel Groundwater Basin at no cost to the City; the water is the City's adjudicated right to groundwater from the Main Basin and each year's allowance is established based on current groundwater level; he reported that this year, the City's adjudicated right was set at 7,616 acre feet of water while actual water production was 10,781 acre feet; that the difference must be replaced and if purchased through the Main San Gabriel Basin Watermaster, the cost to the City would be $450 per acre foot. Mr. Malloy advised that last month the City was approached by Azusa Valley Water Company with an offer to sell the City 2,500 acre feet of water at $414 per acre foot which would partially satisfy the City's obligation for replacement water; the City accepted their offer and will pay $1,035,000 which will save $36 per acre foot or $90,000; he noted that the remaining 665 acre feet of water will be purchased in the summer from the Watermaster at $450 per acre foot; that there are sufficient funds in the 2009-10 Water Operations Fund for the purchase of replacement water. Mr. Malloy stated that this item was for informational purposes only and no action is required. ADJOURNMENT The City Council/Redevelopment Agency meeting adjourned at 11:00 p.m. to Tuesday, August 18, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk t By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 07-21-2009 10 51:0114 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 18, 2009 CALL TO ORDER - Mayor Wuo called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) - None STUDY SESSION a. Report, discussion and direction regarding proposed Museum Education Center. Council Member Kovacic announced that he serves on the Board of Directors of the Historical Society and may have a potential conflict of interest. City Attorney Steve Deitsch responded that Council Member Kovacic does not have conflict of interest in participating and voting on this item. Floretta Lauber, Chairperson of the Ruth and Charles Gilb Arcadia Historical Museum provided a report regarding the proposed Museum Education Center; she explained the design and concept of the building; and noted that funds for the building will be raised by the Historical Society. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to approve the Museum Education Center plans in concept. AYES: Council Member Harbicht, NOES: None ABSENT: None CLOSED SESSION Chandler, Amundson, Kovacic and Wuo a. Pursuant to Government Code Section 54956.9 a conference with real property negotiators: Property: 400 Rolyn Place Agency Negotiators: Agency Executive Director, Development Services Director and the Economic Development Manager Negotiating Parties: Arcadia Redevelopment Agency and John H. Hibbert, Jr. and Carol H. Hibbert, Living Trust. Under Negotiation: Price and Terms of Payment RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. 08-18-2009 51:0115 INVOCATION - Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE - Sara Somogyi, Recreation and Community Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Wuo, Amundson, Kovacic, Harbicht, and Chandler ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported the City Council and Redevelopment Agency met in a Study Session to discuss and provide direction regarding a proposed Museum Education Center that is will be built on the existing shuffleboard area between the Historical Museum and the Community Center; the City Council unanimously voted to approve the Museum Education Center plans in concept with funds being raised by Arcadia Historical Society. Mr. Deitsch further reported that the City Council and Redevelopment Agency met in a closed session to consider the one (1) item 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 Mayor Pro Tem/Vice Chair 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. PRESENTATIONS a. Presentation to outgoing Recreation and Parks Commission Member Michael Cook. b. Presentation of Certificate to Arcadia Girls Softball Team. 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Consideration of approval of Text Amendment No. TA 09-03 regarding medical marijuana dispensaries and acceptance of the CEQA exemption determination by the following actions: 08-18-2009 2 51:0116 Adopt Urgency Ordinance No. 2261 amending certain sections of Article VI (Businesses Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by Local, State or Federal Law. Recommended Action: Adopt Introduce Ordinance No. 2262 amending certain Sections of Article VI (Businesses Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical mari*uana dispensaries and other businesses and uses prohibited by Local. State or Federal Law. Recommended Action: Introduce Police Chief Sanderson reported that on September 16, 2008, the City Council passed a 45 day moratorium on the establishment and operation of medical marijuana dispensaries; and extended it on October 21, 2008 for an additional 10 months and 15 days which will expire in early September. He noted that the moratorium provided staff time to review the City's regulations and enforcement capabilities including State legislation; that the proposed ordinances will enact changes to the City's Business Licensing and Zoning regulations to prohibit the establishment and operation of medical marijuana dispensaries including other businesses and uses that are prohibited by local, state or federal law. He discussed Proposition 215 which was passed in 1996 and Senate Bill 420 which created a state approved voluntary medical marijuana identification card program; he provided a summary of the Federal law that prohibits the possession and cultivation of marijuana and explained the_ United States Supreme Court ruling that medical marijuana is susceptible to abuse and concluded there is no exemption for medical necessity from the Federal prohibition on the sale and distribution of marijuana. Mayor Wuo opened the public hearing. No one appeared to provide testimony. 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. It was moved by Council Member Chandler seconded by Council Member Kovacic and carried on roll call vote to adopt Urgency Ordinance No. 2261 amending certain sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by Local, State or Federal Law. AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None ABSENT: None It was moved by Council Member Harbicht seconded by Mayor Pro Tern Amundson and carried on roll call vote to introduce Ordinance No. 2262 amending certain Sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by Local, State or Federal Law. 08-18-2009 3 51:0117 AYES: Council Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None b. Adopt Resolution No. 6691 establishing and/or adjusting various fees for City services. Recommended Action: Adopt Administrative Services Director Hue Quach provided the staff report regarding the establishment and/or adjustment of various fees for City services; he reported that the new user fees are part of an ongoing effort to update fees and charges on a periodic basic in order to keep pace with the costs of providing services; he provided a summary of the fees for each department; he noted that cost analysis were prepared in order to determine the actual cost of the service provided for each proposed fee; and indicated that the proposed fees are not being imposed for general revenue purposes but for recovering costs of providing the service. He noted that the proposed fees are reasonable and recommended approval of Resolution No. 6691 establishing and/or adjusting various fees for City services. Mayor Wuo opened the public hearing. No one appeared to provide testimony. 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. Council Member Harbicht expressed concerns regarding the Homeowners Association Architectural Design Review fees; he felt that residents who live in Homeowners Association areas are being targeted where the rest of the community is not because their only avenue to appeal an Architectural Design Review Board decision is to appeal it to the Planning Commission and pay an appeal fee. A motion was made by Council Member Harbicht and seconded by Council Member Kovacic to reduce all Architectural Design Review appeal fees to $210. AYES: Council Member Harbicht, Kovacic and Amundson NOES: Council Member Wuo and Chandler ABSENT: None It was moved by Council Member Kovacic seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6691 establishing and/or adjusting various fees for City services. AYES: Council Member Kovacic, Harbicht, Amundson, Chandler and Wuo NOES: None ABSENT: None C. Adopt Resolution No. 6692 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report (LDR). Recommended Action: Adopt 08-18-2009 4 51:0118 Community Development Administrator Jim Kasama reported that each city in the State of California is required annually to submit a Local Development Report (LDR) and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program; and explained the purpose of the Local Development Report. Mayor Wuo opened the public hearing. No one appeared to provide testimony. 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. It was moved by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6692 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report (LDR). AYES: Council Member Chandler, NOES: None ABSENT: None Harbicht, Amundson, Kovacic and Wuo PUBLIC COMMENTS Monika Song reported that Montecito Fine Arts High School located at 524 S. First Avenue in Arcadia took tuition fee from parents in excess of $6 million dollars and closed their doors and is seeking assistance from the City. City Attorney Steve Deitsch responded that the City has no jurisdiction over prosecuting Montecito Fine Arts High School; he advised Ms. Song that it is a civil matter and recommended the parents seek advice from a private attorney. Philip Song, a former student at Montecito Fine Arts High School commented on the closure of Montecito Fine Arts High School. Yufen Tai appeared and expressed her concerns regarding the closure of Montecito Fine Arts High School. Police Chief Sanderson responded that he will contact the Monrovia Police Department to determine if a crime has been committed and will follow up with the parents. Yvonne Lee appeared and also expressed her concerns regarding the closure of Montecito Fine Arts High School. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic thanked Mike Cook for his service on the Parks and Recreation Commission; he recommended that the City advertise for the vacancy on the Parks and Recreation Commission and bring back for City Council consideration on September 15, 2009. Mr. Kovacic presented Fire Chief Trabbie, fire fighter patches from Singapore and Malaysia which he collected during his recent trip to these countries. 08-18-2009 51:0119 Mayor Pro Tern Amundson had nothing to report. Council Member Chandler had nothing to report Council Member Harbicht commented on the shortage of water supply in Southern California; that the growing population and development of multiple dwellings will promote the shortage of water for cities and counties which will lower the standard of living in California. City Clerk Barrows thanked staff for covering his duties from the last council meeting; he commended Sara Somogyi, Recreation and Community Services Director and staff on the summer concerts; and he reminded everyone to enjoy the light traffic before school starts. Mayor Wuo encouraged everyone to enjoy the last summer concert featuring Beatles music; he congratulated Mr. Frank Forbes, an Arcadia resident, for being selected as the 2009 recipient of the San Gabriel Valley Water Association's Watermark Award. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: a. Adopt Resolution No. 6689 determining the amount of revenue to be raised from property taxes for fiscal year 2009-2010 to pay for the debt services on the City's General Obligation Bonds and for the authorized maintenance and operation costs of the Lighting Districts. Recommended Action: Adopt b. Adopt Ordinance No. 2260 amending Article VI, Chapter 4, Division 8 of the Arcadia Municipal Code concerning the Licensing of Massage Therapist Businesses. (see page 8 for discussion on this item) Recommended Action: Adopt C. Accept a gift in the amount of $24,895 from the Arcadia Public Library Foundation for programs, services and materials at the Library. Recommended Action: Approve d. Approve Final Map No. 67893 for a six-unit residential condominium project at 152 and 156 El Dorado Street. Recommended Action: Approve e. Reiect the low bid submitted by Environmental Construction, Inc. and authorize the City Manager to execute a contract with Pacific Hydrotech Corporation for the construction of Longley Well No. 3 and Camino Real Well No. 3 and Wellheads in the amount of $2,881,539. Recommended Action: Approve Authorize the City Manager to execute a contract with the Arcadia Unified School District for transportation for recreation activities from July 1, 2009 through June 30. 2010. Recommended Action: Approve 08-18-2009 6 51:0120 g. Authorize an extension of the current Agreements with AdminSure, Inc. for Third Party Administrator Services relating to Workers Compensation and Liability Claims Administration in the amount of $96,780. Recommended Action: Approve h. Authorize the City Manager to execute an amendment to the existing contract with Hogle-Ireland. Inc. for the General Plan Update Project by reducing the total project compensation for the project by $70,252. (see page 8 for discussion on this item) Recommended Action: Approve i. Authorize the City Manager to execute an amendment to existing agreement with Knights Communications for the Fiscal Year 2009-2010 to amend the annual contracted price to $370,667. Recommended Action: Approve j. Award a one (1) year purchase order contract extension with West-Lite Supply Company Inc. for the purchase of electrical lighting and accessories in the amount of $125,000. Recommended Action: Approve k. Authorize the City Manager to execute a one (1) year contract with 10-8 Retrofit Inc. for the installation of emergency related equipment and accessories for City vehicles in the amount of $35.000. Recommended Action: Approve 1. Authorize the City Manager to execute a one (1) year contract extension with General Pump Company, Inc. to provide preventative maintenance services and repair of City wells and pumps in the amount of $285,000. Recommended Action: Approve M. Authorize an additional budget appropriation in the amount of $42,000 from the Transit Fund to the bus purchase budget for additional incidental costs related to bus purchases and award a purchase. order for bus painting purposes. (see page 8 for discussion on this item) Recommended Action: Approve n. Approve an appropriation of $21,289 from the Capital Outlay Fund for the City's cost share of the renovation of the Arcadia High School pool. (See page 9 for discussion on this item) Recommended Action: Approve o. Accept donations from the community in support of the Summer Reading Program at the Library. Recommended Action: Approve It was moved by Council Member Kovacic seconded by Council Member Harbicht and carried on roll call vote to approve City Council Consent items 2.a, c through g, i through I and o. 08-18-2009 51:0121 AYES: Council Member Kovacic, Harbicht, Amundson, Chandler and Wuo NOES: None ABSENT: None b. Adopt Ordinance No. 2260 amending Article VI, Chapter 4. Division 8 of the Arcadia Municipal Code concerning the Licensing of Massage Therapist Businesses. Recommended Action: Adopt Mayor Wuo pulled Consent Calendar Item 2.b for a separate roll call vote. It was moved by Council Member Harbicht, seconded by Council Member Chandler to adopt Ordinance No. 2260 amending Article VI, Chapter 4, Division 8 of the Arcadia Municipal Code concerning the Licensing of Massage Therapist Businesses. AYES: Council/Agency Member Harbicht, Chandler, Amundson and Kovacic NOES: Council Member Wuo ABSENT: None h. Authorize the City Manager to execute an amendment to the existing contract with Hogle-Ireland. Inc. for the General Plan Update Proiect by reducing the total project compensation for the proiect by $70.252. In response to a question by Council Member Kovacic regarding Consent Calendar Item 2.11, Senior Planner Lisa Flores responded that Development Services staff will do all the groundwork and preparation for the Community Workshop and the proposed reduction will not eliminate any of the public outreach process. It was moved by Council Member Kovacic and seconded by Council Member Harbicht to authorize the City Manager to execute an amendment to the existing contract with Hogle- Ireland, Inc. for the General Plan Update Project by reducing the total project compensation for the project by $70,252. AYES: Council Member Kovacic, Harbicht, Amundson, Chandler and Wuo NOES: None ABSENT: None M. Authorize an additional budget appropriation in the amount of $42,000 from the Transit Fund to the bus purchase budget for additional incidental costs related to bus purchases and award a purchase order for bus painting purposes. In response to a question by Council Member Kovacic regarding the new Arcadia Transit logo, Deputy Director of Development Services Phil Wray explained how the new logo was picked. Following discussion, it was moved by Council Member Kovacic and seconded by Council Member Harbicht to continue Consent Calendar item 2.m. to the September 1, 2009 City Council meeting. AYES: Council Member Kovacic, Harbicht, Amundson, Chandler and Wuo NOES: None ABSENT: None 08-18-2009 51:0122 n. Approve an appropriation of $21,289 from the Capital Outlay Fund for the City's cost share of the renovation of the Arcadia Hiah School pool. Recommended Action: Approve In response to a question raised by Council Member Chandler regarding Consent Calendar Item 2.n, City Manager Don Penman responded that the City uses the Arcadia High School pool 10 weeks during the summer for its Summer Swim program and as part of the Joint Use Agreement between the City and the School District the City is responsible for one-third of all costs of all major pool renovation subject to advance City approval of the work; he further noted that the total cost of the renovation was $63,867 and the City's share for the renovation of the pool pump, filtration system and related piping is $21,289. It was moved by Council Member Chandler and seconded by Council Member Harbicht to approve an appropriation of $21,289 from the Capital Outlay Fund for the City's cost share of the renovation of the Arcadia High School pool. AYES: Council Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None 3. CITY MANAGER a. Approve a request from the Arcadia Historical Society Maior Gift Committee to solicit monetary contributions through City water bills. Recommended Action: Approve Carolyn Garner-Reagan, Director of Library and Museum Services reported that the Historical Society's Major Gift Committee requests approval to use one open line on the City's water bills to solicit monetary contributions for the proposed Arcadia Historical Museum Education Center; she explained that the proposed Museum Education Center would benefit the City by providing classroom space for the Historical Museum and the Recreation and Community Services Department. She reported that the water bill solicitation program provides residents the ability to contribute on a regular basis by selecting a pre-determined amount of money that will appear as a charge on future water bills; and noted that the Arcadia Public Library Foundation has been using this program since 1997 and it has been successful. Council Member Kovacic announced that he serves on the Board of Directors of the Historical Society and may have a potential conflict of interest. City Attorney Steve Deitsch responded that Council Member Kovacic does not have conflict of interest in participating and voting on this item. It was moved by Council Member Harbicht, seconded by Mayor Pro Tem Amundson and carried on roll call vote to approve a request from the Arcadia Historical Society Major Gift Committee to solicit monetary contributions through City water bills and in the future to raise funds for the proposed Arcadia Historical Museum Education Center. AYES: Council Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None 08-18-2009 9 51:0123 b. Appoint Council Member Gary Kovacic as the City's Voting Delegate for the 2009 League of California Cities Annual Conference. Recommended Action: Approve City Manager Don Penman reported that City Council Member Kovacic will be attending the 2009 League of California Cities Annual Conference in San Jose and in order to participate and vote on behalf of the City of Arcadia at the annual business meeting, the City Council must take official action to appoint a Council Member as the City's Voting Delegate and report it to the League by August 21, 2009. It was moved by Council Member Chandler, seconded by Mayor Pro Tern Amundson and carried on roll call vote to appoint Council Member Gary Kovacic as the City's Voting Delegate for the 2009 League of California Cities Annual Conference. AYES: Council Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None C. Report, discussion and direction regarding 2009 Breeders' Cup Cost Projections as to whether to charge the Oak Tree Racing Association for non-traffic related public safety services for the 2009 Breeders' Cup event. Recommended Action: Provide direction Police Captain Randy Kirby reported that Oak Tree Racing Association will again host the 2009 Breeders' Cup World Championship on November 6 and 7, 2009; that in the past public safety services were provided at no cost to Oak Tree Racing Association or the Breeders' Cup; he noted that the expenses were not budgeted therefore, the total cost was absorbed in the operating budgets of each department. He provided a summary of Fire and Police Department direct and indirect expenditures for the 2008 Breeders' Cup and projected expenses for 2009; and results of a survey conducted how other agencies charge for similar services. The City Council agreed with City Manager Penman that the City Council approve a compromised proposal for this event and establish a policy at a future meeting that would require full or partial reimbursement to the City for future events. It was moved by Council Member Harbicht, seconded by Council Member Kovacic to charge Oak Tree Racing Association 50% of actual costs incurred by the City for providing non-traffic related public safety services for the 2009 Breeders' Cup event. AYES: Council Member Harbicht, Kovacic, Amundson, Chandler and Wuo NOES: None ABSENT: None 08-18-2009 10 51:0124 ADJOURNMENT The City Council/Redevelopment Agency meeting adjourned in memory of David E. Parry, Kel Mason, Simon Issa Sirani, Marie McNulty and Thangamani Vethamani at 9:50 p.m. to Tuesday, September 1, 2009, 5:30 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows. Citv Clerk By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 08-18-2009 11