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HomeMy WebLinkAboutJuly 21, 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 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 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 MANAGER/EXECUTIVE 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 TemNice 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 (Phasel 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 1b 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 Westfield'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 lb 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 Tem 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 Project 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 L 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 Proiect 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. Svstem Capacitv 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 locate at 240 W. Huntington Drive, Arcadia. JohryWuo, Mayor ATTEST: James H. Barrows, City Clerk 07-21-2009 10