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HomeMy WebLinkAboutDecember 15, 2009CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 15, 2009 51:0167 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, Kovacic and Wuo ABSENT: Council /Agency Member Harbicht It was moved by Council /Agency Member Kovacic, seconded by Council /Agency Member Amundson to excuse Council /Agency Member Harbicht. CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) — None CLOSED SESSION a. Pursuant to Government Code Section 54956.9 a conference with real property negotiators: STUDY SESSION 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 a. Report, discussion and direction regarding a Tiered Water Rate Study. Tom Tait, Deputy Public Works Services Director reported that the Governor recently signed into legislation a comprehensive water package which included a mandate to reduce California's urban per capita water use by 20% by December 31, 2010 and in order to achieve this goal, Public Works Services recommends a Tiered Water Rate Study; and that due to the array of property sizes in Arcadia and the need to account for water use, a consultant who is experienced in water rate structures will study the feasibility of a tiered water rate structure that includes equity and will encourage efficient water use while maintaining adequate funding to ensure continued water delivery services. Mr. Tait advised that sufficient funds for this study has already been budgeted in the Water Operating budget and approved by the City Council. He explained the water drought situation and noted that local groundwater tables have lowered significantly and the City has had to rely on more costly imported water from the Metropolitan Water District. He also explained that tiered water rates have been determined to be an effective tool to discourage water wasting and encourage customers to conserve water; and that with the implementation of a tiered water rate structure this would allow the City to be eligible to apply and receive grants from the State. He advised that four proposals were received and three firms were interviewed; he explained the evaluation and ranking process and recommended Raftelis Financial Consultants based on their extensive experience with conducting tiered water rate studies. 1 12 -15 -2009 51:0168 Since this item will be discussed and acted on in open session, no direction or action was required. 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 Sid Sybenga, Hope International Church PLEDGE OF ALLEGIANCE Pat Malloy, Assistant City Manager /Public Works Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic and Wuo ABSENT: Council /Agency Member Harbicht It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Amundson to excuse Council /Agency Member Harbicht. REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a Closed Session to discuss the one (1) item listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported that the City Council and Redevelopment Agency met in a Study Session to hear a preliminary report from staff regarding Tiered Water Rates which will be discussed in open session. 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 /Agency 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. PRESENTATION a. Presentation to the City Council by Santa Anita Racetrack. 12 -15 -2009 1. PUBLIC HEARING CITY COUNCIL ITEMS: 51:0169 a. Consideration of Resolutions relating to the formation of the Kaitlyn Place Landscaping and Lighting District. Resolution No. 6707 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the formation of the Kaitivn Place Landscaping and Lighting District, commencing in Fiscal Year 2010/11. Recommendation: Adopt Resolution No. 6706 confirming for the Engineer's Report for the Formation of the Kaitlyn Place Landscaping and Lighting District 2010/11 and the Assessment Diagram connected therewith; and ordering the Ievv and collection of assessments commencing in Fiscal Year 2010/11. Recommendation: Adopt Maria Taylor, Senior Management Analyst reported that the City Council on October 20, 2009 initiated proceedings for the formation of the Kaitlyn Place Landscaping and Lighting District for a five (5) lot subdivision project on Eighth Avenue to ensure recovery of ongoing lighting and landscaping maintenance and operation costs; and also declared the City's intention to form the District; directed the property owner balloting process; and approved the preliminary Engineer's Report outlining the data regarding the district and its assessment. Ms. Taylor further reported that the proposed Kaitlyn Place Landscaping and Lighting Assessment District only requires one (1) ballot to approve the district since the subdivision development has only one (1) owner, who is the developer; she explained the balloting process and noted that even though this is a very small district to be formed, the City Council must follow the Landscaping and Lighting Act of 1972 requirements. 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 Kovacic and seeing no further objection, Mayor Wuo declared the public hearing closed. City Clerk Barrows opened the ballot and announced that it was a yes vote. It was moved by Council Member Kovacic, seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6707 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the formation of the Kaitlyn Place Landscaping and Lighting District, commencing in Fiscal Year 2010 -11; and adopt Resolution No. 6706 confirming for the Engineer's Report for the formation of the Kaitlyn Place Landscaping and Lighting District 2010 -11. AYES: Council Member Kovacic, Chandler, Amundson, and Wuo NOES: None ABSENT: Council Member Harbicht 3 12 -15 -2009 b. Consideration of approval of Text Amendment No. TA 09 -04 relating to the Federal Religious Land Use and Institutionalized Persons Act of 2009. Introduce Ordinance No. 2266 amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses, schools, tutoring centers and the requirements for Conditional Use Permit for such uses and to add a provision for reasonable accommodations of issues related to the Federal Religious Land Use and Institutionalized Persons Act of 2000. Recommended Action: Introduce Jason Kruckeberg, Development Services Director reported that the proposed Ordinance amends the City's lists of Permitted Uses, and Uses subject to Conditional Use Permits for assembly uses, schools and tutoring centers to eliminate potential inconsistencies with the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) which was passed in 2000 to ensure the free exercise of religion with regard to local land use regulation by precluding governmental agencies from making discretionary decisions that place a burden on the free exercise of religion without a compelling governmental reason. Jim Kasama, Community Development Administrator advised that in 2003, the City Council adopted an ordinance which revised the zones in which churches were allowed subject to a conditional use permit, and explained the reason for not allowing churches in other commercial and industrial zones; that staff reviewed all of the allowed uses by right as well as by CUP in all the City's Zoning Regulations and compiled a list of potential RLUIPA related uses. He discussed and explained the three groups of amendments being proposed; he added that the Planning Commission unanimously voted to recommend approval of the proposed ordinance to the City Council for consideration. Mayor Wuo opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Council Member Kovacic, seconded by Council Member Chandler 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 introduce Ordinance No. 2266 amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses, schools, tutoring centers and the requirements for Conditional Use Permits for such uses and to add a provision for reasonable accommodations of issues related to the Federal Religious Land Use and Institutionalized Persons Act. AYES: Council Member Chandler, Kovacic, Amundson and Wuo NOES: None ABSENT: Council Member Harbicht c. Approve 2010 -2011 Statement of Objectives and Projects for Community Development Block Grant (CDBG) Funds. Recommended Action: Approve 51:0170 Jim Kasama, Community Development Administrator reported that the City has been a participant in the Community Development Block Grant program for approximately 36 years; he explained that the primary objective of the program is to provide assistance to low and moderate - income families by enabling them to participate in various community activities and improve their property and environs; that the City will receive appropriately $396,455 in 12 -15 -2009 4 Community Development Block Grant funds for fiscal year 2010 -2011 which is the same amount as for fiscal year 2009 -10; and provided a brief description of the projects including a summary of the funding approved for fiscal year 2009 -10 and recommended for 2010 -11 regarding the housing rehabilitation program, handicap ramp /sidewalk improvements, congregate meals for senior citizens), senior citizen social services information and referrals and youth services program. He noted that the project appropriations are included in the operating budget and require City Council approval prior to the expenditure of the funds. 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 Amundson 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 approve the projects and fund allocations as outlined in the staff report; to authorize the City Manager to execute a Memorandum of Understanding with the Los Angeles County Community Development Commission to be submitted to the County at a later date. AYES: Council Member Chandler, Kovacic, Amundson, and Wuo NOES: None ABSENT: Council Member Harbicht PUBLIC COMMENTS 51:0171 Paul Cheng, Arcadia resident appeared and thanked the City Council and staff for their hard work during these economically difficult times and wished everyone Happy Holidays. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic commented on the 75th anniversary of the Santa Anita Race Track; the Rose Parade and Rose Bowl Game and wished everyone Happy Holidays and a safe 2010. Mayor Pro Tem Amundson encouraged everyone to attend the various holiday activities throughout the City; he commented on the "Myths and Fable Stories from our Ancient Pasts" exhibit at the Ruth and Charles Gild Historical Museum; and wished everyone Happy Holidays. Council Member Chandler wished everyone Happy Holidays and hope for a better year 2010. City Clerk Barrows wished everyone Happy Holidays and wished the Mayor a happy birthday. Mayor Wuo wished everyone a happy and safe holiday season; he expressed appreciation to the members of the City Council and staff for their hard work in providing good service to the residents. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of November 17, 2009 and December 1, 2009. Recommended Action: Approve 5 12 -15 -2009 b. Report regarding FY 2008 -2009 Redevelopment Agency State Controller Audited Financial, State Housing and Community Development Agency, Blight Removal Progress, Loan and Property Reports. Recommendation: Receive and File CITY COUNCIL ITEMS: c. Approve the Meeting Minutes of November 17, 2009 and December 1, 2009. Recommended Action: Approve d. Adopt Ordinance No. 2265 amending Section 3214.1 of the Arcadia Municipal Code relating to the Uniform Traffic Ordinance concerning Early Morning Parking Hours. Recommended Action: Adopt e. Adopt Ordinance No. 2267 amending the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII relating to Water Efficient Landscaping. Recommended Action: Adopt f. Adopt Ordinance No. 2268 amending Chapter 9, Part 1 of Article VII of the Arcadia Municipal Code relating to camping and storage of personal property on public property. Recommended Action: Adopt g. 3. CITY MANAGER 51:0172 Accept all work performed by Palm Springs Pump and Drilling for the destruction of Longlev Well No. 2 and Camino Real Well No. 1 Proiect as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve In response to an inquiry by Council Member Kovacic regarding early morning parking hours, Mr. Penman responded that the proposed overnight parking hours would be from 2:30 a.m. to 5:30 a.m. effective January 15, 2010; and also noted that no overnight parking citations will be issued between December 17, 2009 and January 8, 2010. It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.g. AYES: Council Member Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: Council Member Harbicht a. Authorize the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants, Inc . to conduct a Tiered Water Rate Study in the amount of $45,357. Recommended Action: Approve 6 12 -15 -2009 51:0173 Pat Malloy, Assistant City Manager /Public Works Services Director commented on the statewide drought; the court ordered pumping restrictions on the State Water Project; he discussed the last three consecutive dry years and low reservoir storage; he discussed the comprehensive water package passed by the California Legislature in November 2009 and the Governor's plan to achieve a 20% reduction in per capita water use statewide by 2020. Tom Tait, Deputy Public Works Services Director reported that in response to the current water crisis, a comprehensive water package was passed by the California Legislature which included the Governor's plan to achieve a 20% reduction in per capita water use statewide by 2020 and in order to achieve this goal, a Tiered Water Rate Study has been included in fiscal year 2009- 10 budget. He further reported that due to the wide array of property sizes in Arcadia, the City's water consumption behavior must be evaluated by a consultant that is familiar and experienced with this type of study; and that the goal of the Tiered Water Rate Study is to develop a potential rate structure that is equitable, practical and easy to understand and implement. Mr. Tait discussed the Request for Proposals process; that four (4) proposals were received and evaluated by Public Works Services staff and recommends that Raftelis Financial Consultant's Inc. has extensive experience with conducting tiered water rate studies in addition to developing water budgets. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to authorize the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Tiered Water Rate Study in the amount of $45,357. AYES: Council Member Chandler, Kovacic, Amundson and Wuo NOES: None ABSENT: Council Member Harbicht b. Authorize the City Manager to execute a Professional Services Agreement with KOA Corporation to provide Design Engineering Service for the Huntington Drive Capacity Improvements Project in the amount of $203,835 with a ten (10 %) percent contingency. Recommended Action: Approve Phil Wray, Deputy Director of Development Services /City Engineer reported that the City's 2005 Transportation Master Plan identified several intersections that were functioning at or below acceptable Levels of Service (LOS); that the highest priority intersections in need of improvements were along Huntington Drive at Colorado Place, Santa Clara Street, and Santa Anita Avenue; that the Master Plan recommended adding various lanes to these intersections and increasing vehicle capacity and the Level of Service. He further reported that over two years ago, staff began scoping a project to focus on improving these priority intersections and combined into one project entitled "Huntington Drive Capacity Improvements." He provided background information on the project and the preliminary costs estimates; he advised that the City applied for and received a grant through the Los Angeles County Metropolitan Transportation Authority Call- for - Projects program and was awarded $1,463,000; that the City Council approved the design phase of the project as part of the Capital Improvement Program at a total of $300,000 using grant funding and City matching funds from Traffic Impact fees; and that no work commenced in 2008 -09 and the funds were carried over to the current year. He reported that the project will include reconstruction of medians, parkways and channelizing islands, traffic signal improvement and striping modifications. 7 12 -15 -2009 Mr. Wray noted that due to the size and complexity of the project staff recommended retention of a professional engineering firm to perform the necessary design services; that four proposals were reviewed and evaluated and staff determined that KOA Corporation had a strong background on traffic engineering and had successfully completed studies and design for similar projects. It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to authorize the City Manager to execute a Professional Services Agreement with KOA Corporation to provide Design Engineering Services for the Huntington Drive Capacity Improvements Project in the amount of $203,835 with a ten (10 %) percent contingency. AYES: Council Member Kovacic, Amundson, Chandler and Wuo NOES: None ABSENT: Council Member Harbicht City Manager Don Penman announced that Lubo Tomaier, Associate Civil Engineer and Pat Malloy, Assistant City Manager /Public Works Services Director are retiring at the end of the year. ADJOURNMENT The City Council /Redevelopment Agency adjourned 8:10 p.m. to Tuesday, January 5, 2010, 6:30 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. ATTEST: James H. Barrows, City Clerk 8 51:0174 o - n Wuo, Mayor 12 -15 -2009