Loading...
HomeMy WebLinkAboutAugust 18, 200951:0114 CITY COUNCIL/REDEVELOPMENT AGENCY L 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 COUNCIUREDEVELOPMENT 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, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None CLOSED SESSION 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 COUNCIUREDEVELOPMENT 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 marijuana 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 51:0117 AYES: Council Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None b. Adopt Resolution No. 6691 establishing and/or adiusting 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, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None 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 5 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 L 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 voiect compensation for the proiect 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 Authorize the City Manager to execute an amendment to the existinq contract with Hogle-Ireland, Inc. for the General Plan Update Proiect by reducing the total project compensation for the project by $70,252. In response to a question by Council Member Kovacic regarding Consent Calendar Item 2.h, 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 High 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 Tern 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. ATTEST: James H. Barrows, City Clerk 08-18-2009 11