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HomeMy WebLinkAboutApril 6, 2010CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 6, 2010 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 PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION 52:0051 a. Pursuant to Government Code Section 54956.9(b)(1) and 54956.9(c) to confer with legal counsel regarding anticipated litigation — five (5) cases. b. Pursuant to Government Code Section 54957 regarding public employee Discipline /Dismissal /Release. THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION — James Barrows, City Clerk PLEDGE OF ALLEGIANCE - Carolyn Garner - Reagan, Director of Library and Museum Services ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council and Redevelopment Agency Board met in Closed Session to consider the two (2) items listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman announced that there were no supplemental reports regarding agenda items. 1 04 -06 -10 PRESENTATIONS 52:0052 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. a. Presentation of Certificate to Gordon Maddock on his retirement from Baldwin Realty. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Authorize the Executive Director to execute a lease with Rusnak/Arcadia for the property at 21 Morlan Place and adopt a categorical exemption from CEQA regarding the lease. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that the Redevelopment Agency has been working with Rusnak to facilitate the expansion of its Mercedes -Benz dealership; that the dealership currently leases a portion of the property at 21 Morlan Place for vehicle storage from the Agency; that a short term lease was approved by the Agency in December 2008 for two floors of the Arcadia Self Storage building for storage of parts and use of the parking lot for auto storage and parking; that in 2009, the Agency demolished the building at 21 Morlan Place and the entire property has been graded and paved. Mr. Schwartz advised that Rusnak now desires to utilize the entire site to grow its business; that a new deal point letter has been prepared and provides for a five year lease for the entire site; and the new lease rate will remain at $1,000 per month for a five year term which reflects the cooperate relationship between the City and Rusnak. He noted that if Rusnak would leave Arcadia before the end of the five year term, Rusnak would owe the Agency a payment of $30,000 which would represent the difference between the proposed rent and a rate of $1,500 per month which would be closer to the market rent for the entire five year period; that the Agency will receive $12,000 per year or $60,000 for the term of the lease; and may also pay possessory interest taxes on the leased area with a portion of which would accrue to the Agency. He advised that the project is categorically exempt from CEQA and a Notice of Exemption will be filed with the Los Angeles County Recorder office. 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 Agency Member Harbicht, seconded by Agency Member Chandler and carried on roll call vote to authorize the Executive Director to execute a lease with Rusnak/Arcadia for the property at 21 Morlan Place and adopt a categorical exemption from CEQA regarding the lease. 2 04 -06 -10 AYES: Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None 52:0053 b. Adopt ARA Resolution No. 231 amending ARA Resolution No. 172 regarding use and design requirements and guidelines in the Central Redevelopment Proiect Area. Recommended Action: Adopt Jason Kruckeberg, Assistant City Manager /Development Services Director reported that the Redevelopment Plan for the Central Redevelopment Project Area includes a provision allowing the Agency to be more restrictive in the uses allowed in the Redevelopment Area than in the Zoning Code; that Arcadia Redevelopment Agency Resolution No. 172 adopted in January 1993 established certain use and design requirements and guidelines in the Project Area; that the resolution included a list of "inappropriate uses" that the Agency generally does not allow; and explained that the purpose of the Resolution includes the desire to eliminate blight in the Project Area, to encourage and facilitate the establishment and growth of high quality retail outlets, stores and restaurants, and professional office uses, and to discourage unattractive, incompatible and non - harmonious uses; he noted that the restrictions are supplemental to the Zoning Code and cannot be more permissive within the Zoning Code, but can be and are more restrictive to meet the goals of the Agency; he described some of the inappropriate uses as acupressure studios, nail salons, massage parlors, and beauty colleges; and that a more detailed list of inappropriate uses is attached to proposed ARA Resolution No. 231. He explained the business license application process for day spas or general beauty salons; that staff found that as long as the overall use was broad, such as a day spa that offers numerous types of treatments, it had been approved as a compliant use; that previous determinations may not protect the health, safety, and welfare of the community; that these uses do often cause a blighting influence and in many cases did not complement the Project Area; he reported that the inspections of such uses by a City team led by the Police Department and Code Services found numerous code violations and illegal activity at those locations from lack of licensing to illegal massage to prostitution; that the proposed determination is that uses such as day spas, general salons, and other personal service uses are deemed to be similar in character to existing inappropriate uses pursuant to ARA Resolution No. 172 and should now not be allowed within the Project Area; and recommends adoption of ARA Resolution No. 231 which will modify the inappropriate uses for the Central Redevelopment Project Area provided in ARA Resolution No. 172. Council Member Kovacic thanked staff for bringing this matter to the attention of the City Council and also thanked Mr. Kruckeberg for looking out for the Redevelopment Project Area. 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 Agency Member Kovacic, seconded by Agency Member Amundson and carried on roll call vote to adopt ARA Resolution No. 231 amending ARA Resolution No. 172 establishing revised use and design requirements and guidelines in the Central Redevelopment Project Area. 3 04 -06 -10 AYES: Agency Member Kovacic, Amundson, Chandler, Harbicht and Wuo NOES: None ABSENT: None CITY COUNCIL ITEMS: Mayor Wuo opened the public hearing. 52:0054 c. An appeal of a denial by the Planning Commission of a request for a Zoning Modification to permit a 796 square -foot attic that has been converted into a third floor within the existing residence at 245 West Walnut Avenue. Recommended Action: Deny appeal Jim Kasama, Community Development Administrator provided the staff report regarding an appeal of a denial by the Planning Commission of a modification to allow a third story conversion from attic space within an existing residence. Mr. Kasama reported that an appeal of the Planning Commission's March 9, 2010 denial of Modification Application MC 10 -03 to permit a 796 square foot attic that was converted into a third floor within an existing residence was filed on behalf of the applicant by Ms. Ni, the real estate agent; that a two story, 5,580 square foot residence was constructed in 1989 and included in the plans was a 796 square foot attic space designed to accommodate the storage of large items and built with a weight bearing floor; that the attic was converted without permits into livable space and a permanent staircase was added from the second -floor to the attic thereby creating a third -story which is not allowed in the R -O zone. He noted that during a recent remodel inspection to add two new bathrooms, the building inspector learned that one of the new bathrooms was to be added on the illegal third floor. He further noted that County Tax Assessor records show the attic as livable space; he explained the conditions that must be met in order to approve a modification request and reported that in staffs opinion the applicant's request to maintain an illegally installed staircase and converted attic does not meet any of those purposes; that a third floor is not allowed by Code and therefore should not be considered appropriate. Mr. Kasama explained the applicant's reasons why the staircase should remain. He explained staff's recommendation to deny to the appeal on the basis that the request does not meet the purposes of a zoning modification. Jean Ni, real estate agent on behalf of the owner Mr. Jingming Luo appeared and through translation explained that the staircase was built 20 years ago and Mr. Luo would like to keep the staircase. James Dolan, an Arcadia resident appeared and spoke regarding three story homes in Arcadia; he recalls that the third floor issue at this location was addressed when the house was first built and was denied by. the City; he concluded that he does not want to see a precedence set regarding three story homes. 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 Harbicht seconded by Council Member Chandler and carried on roll call vote to deny an appeal of a denial by the Planning Commission of a request for a Zoning Modification to permit a 796 square -foot attic that has been converted into a third floor within the existing residence at 245 West Walnut Avenue. 4 04 -06 -10 AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS Rainbow Yeung with South Coast Air Quality Management District (AQMD) appeared to discuss and bring to the attention of the City two new AQMD videos; and provided an update on recent programs; and the gas lawn mower exchange program. Shong -Ching Tong appeared to discuss and comment on election issues. Henry Nunez, an Arcadia resident appeared and requested that the City Council allow the new City Council to approve the design of the bridge. John MacDonnell, an Arcadia resident appeared and expressed his concerns regarding the new bike lane put in on Santa Anita Avenue; he noted that there is not enough room on Santa Anita for bicyclist, traffic and parked vehicles and requested that the bike lane be reconsidered because it is creates a dangerous condition and puts the City at risk. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler congratulated Gordon Maddock on his retirement; and wished Council Members Amundson and Harbicht good luck on the election. Council Member Harbicht commented on the nation's recession; he reported that a letter was received from Standard and Pours, a bond rating agency, advising that the City of Arcadia's rating was increased from AA to AA +; he explained that this represents the fiscal soundness of the City; and discussed the 4th quarter sales tax which he advised was down slightly about '/ percent. Council Member Kovacic congratulated Gordon Maddock on his retirement; he encouraged everyone to vote and wished the candidates good luck; he commented on a couple of candidate forums that he attended; he announced that the Community Bike Ride is scheduled for May; and noted that he will be in Washington, DC on May 1 with his daughter Kelly who is California's Teacher of the Year and the Arcadia High School Constitution Team. Mayor Pro Tem Amundson encouraged everyone to go out to vote on Election Day. 5 52:0055 City Clerk Barrows announced that Friday and Saturday will be the Arcadia Annual Invitational Track Meet at the high school; he encouraged everyone to vote on Tuesday on April 13 and made a personal comment in memory of Milton Sonnevik of Baldwin Stocker. Mayor Wuo commented on the Tight traffic because of spring break; he congratulated Gordon Maddock on his retirement; he congratulated the volunteers and commissioners who serve the City; he thanked staff for all their hard work in planning the Silver Circle Dinner; he announced he attended a dinner hosted by the Japan General Counsel for the Annual Tokyo City Cup which has been held at the race track for the last 15 years; he congratulated Helen Romero Shaw who was elected as President of the Chamber of Commerce and Vince Foley who was selected as Citizen of the Year; he announced that he attended the 5K Derby Run and 04 -06 -10 recognized those City employees who attended and participated; and announced that April 8th is the Mayor's Community Breakfast at the Front Runner Restaurant at Santa Anita Park and encouraged the community to attend. REDEVELOPMENT AGENCY ITEMS: 52:0056 a. Approve the regular meeting minutes of March 2, 2010 and March 16, 2010. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the regular meeting minutes of March 2, 2010 and March 16, 2010. Recommended Action: Approve c. Adopt Ordinance No. 2269 approving Zone Change No. ZC 09 -01 to rezone the property located at 728 West Huntington Drive from "C -O & D" (Professional Office with a Design Overlay) to "R -3" (Multiple Family). Recommended Action: Adopt d. Authorize the City Manager to award a purchase order contract to Gale Cengage Learning for the purchase of subscriptions to seven (7) electronic databases for the Library in the amount of $37,025.85. Recommended Action: Approve e. Accept all work performed by D & J Foothill Electrical Contractors, Inc. for the installation of powered vehicle exhaust extraction system as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve f. Authorize the City Manager to execute a one (1) year Professional Services Agreement with Clinical Laboratory of San Bernardino, Inc. for laboratory testing_ services of City water samples in the amount of $46,149. Recommended Action: Approve g. Waive the formal bid process and approve the purchase of a firearms training simulation system from Laser Shot, Inc. in the amount of $50,000 by utilizing the American Recovery and Reinvestment Act Justice Assistance Grant Funds. Recommended Action: Approve h. Authorize the City Manager to execute a contract with AdminSure Inc. for Third Party Administrator Services in the amount of $23,113.00 for the remainder of FY 2009 -10 and $95,227.00 in FY 2010 -11. Recommended Action: Approve It was moved by Council /Agency Member Harbicht seconded by Council /Agency Member Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.h. AYES: Council /Agency Member Harbicht, Amundson, Chandler, Kovacic and Wuo 6 04 -06 -10 NOES: None ABSENT: None 3. CITY MANAGER ITEMS /EXECUTIVE DIRECTOR ITEMS: 52:0057 a. Approve Santa Anita Avenue Grade Separation Bridge Design and other improvements for incorporation into the Gold Line Foothill Extension Project. Recommended Action: Approve Phil Wray, Deputy Director of Development Services /City Engineer reported that at the Study Session on March 23, 2010, staff presented to the City Council three alternative bridge design concepts for the Santa Anita Grade separation and selected a preferred alternative design for further refinement. He advised that the Gold Line Foothill Extension Construction Authority is preparing a detailed project scope and bid documents for the next phase of the Gold Line construction. Mr. Wray provided a power point presentation which provided Gold Line project timelines; he discussed the bridge design concept as directed by the City Council at the March 23, 2010 Study Session; multiple railing styles and architectural wall treatments and the next steps regarding the City's interface with the Gold Line Authority and the project. He provided information regarding the Main Alignment Bid Package which consists of the tracks, stations and grade separation which should be released in June, with ground breaking in the late fall; and discussed the additional improvements proposed to the Authority by the City. He also presented a photo simulation of the bridge and commented on the abutments and inlays; he discussed the abutments at the Second and Huntington Bridge that the City Council had interest in pursuing and reported that staff has already pursued this mater with the Consultant. He advised that the City will continue to communicate with the Authority to ensure that regarding the upgrades and will continue to work with the Authority during the bid and design process in order to make sure that it is designed and constructed as directed. It was moved by Council Member Harbicht, seconded by Council Member Chandler and carried on roll call vote to approve the final alternative design concept as the Santa Anita Avenue Grade Separation Bridge Design and other improvements for incorporation into the Gold Line Foothill Extension Project. AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic, and Wuo NOES: None ABSENT: None It was the consensus of the City Council that a future meeting be scheduled within the next couple of weeks to further discuss the bridge design. ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:15 p.m. in memory of Milton Sonnevik, Former Principal of Baldwin Stocker Elementary School and longtime Arcadia residents Colleen Hamilton, Edith MuIIe and Colleen Kay Hutchins Vandeweghe to Tuesday, 7 04 -06 -10 ATTEST: James H. Barrows, City Clerk 8 eter Amundson, Mayor 52:0058 April 20, 2010, 7:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. 04 -06 -10