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HomeMy WebLinkAbout03/15/2011 53:0051 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MARCH 15, 2011 atm CALL TO ORDER Mayor Amundson called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic and Amundson ABSENT: Council /Agency Member Segal It was moved by Council /Agency Member Chandler seconded by Council /Agency Member Harbicht to excuse Council /Agency Member Segal. CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) — No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: 35 West Huntington Drive, 21 Morlan Place, 101 -111 North Santa Anita Avenue, 121 -159 North Santa Anita Avenue and Assessor Parcel No. 5775 -025- 025 (South side of Santa Clara Street, West of Santa Anita Avenue) Agency Negotiators: City Manager /Agency Executive Director Don Penman, Assistant City Manager /Deputy Executive Director Jason Kruckeberg and Economic Development Manager Jerry Schwartz Negotiating Parties: Arcadia Redevelopment Agency, Rusnak/Arcadia (Paul Rusnak) and Don and Ray Dahlgren. Under Negotiation: Price and Terms of Payment b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach, Human Resources Administrator Michael Casalou. Employee Organizations: Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. THE CITY COUNCIL /REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor /Agency Chair Amundson called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Larry Eckholm, Lutheran Church of the Cross PLEDGE OF ALLEGIANCE — Tom Tait, Public Works Services Director w Aar 03 -15 -11 1 53:0052 ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Chandler, Harbicht, Kovacic and Amundson ABSENT: Council /Agency Member Segal It was moved by Council /Agency Member Chandler seconded by Council /Agency Member Harbicht to excuse Council /Agency Member Segal. REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM City Attorney Stephen Deitsch announced that prior to the open meeting, the City Council /Redevelopment Agency Board met in Closed Session to consider the two (2) items listed on the posted agenda under closed session, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS — Mr. Penman announced that there were no supplemental agenda items. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Chandler, seconded by Mayor Pro Tem Kovacic and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. With the consensus of the City Council, Mayor Amundson called for public comments at this time. PUBLIC COMMENTS Lisa Brock announced that she is giving her time to the Arcadia High School students. Michelle Kim, Arcadia High School ASB Student Representative appeared and reported how the budget cuts will affect the students; that 105 teachers and staff members received pink slips; that the school district is expecting $2 million dollars in budget cuts; and noted that without the special election in June, the deficit will increase to $3.1 million dollars. She stated that restrictions on AP classes have already occurred and an increase in class sizes are expected; that only certain students would be allowed to take summer school classes; and explained that they are all wearing pink to support the teachers. Jonathan Ma, Arcadia High School ASB President announced that they all are wearing pink to support the teachers and staff that received pink slips due to the budget cuts; that raising money through AEF (Arcadia Educational Foundation) will help with the budget shortfall; and noted that donations can be made on line at aef.ausd.net. 1. PUBLIC HEARING a. Approve the 2010 -2011 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. Recommended Action: Approve 03 -15 -11 2 53:0053 City Clerk James Barrows reported that on February 15, 2011, the City Council adopted Resolution No 6754 declaring its intention to authorize the abatement of weeds, rubbish and refuse from various properties in the City of Arcadia by the Los Angeles County Agricultural Commissioner and scheduled a public hearing for March 15, 2011 in order to hear objections from property owners of those affected properties; that staff recommends the City Council approve the 2010 -11 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances on those properties within the City of Arcadia. Mayor Amundson 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 Amundson declared the public hearing closed. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Chandler and carried on roll call vote to approve the 2010 -2011 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. AYES: Council /Agency Member Harbicht, Chandler, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal b. Consideration of an appeal of a denial by Planning Commission of Conditional Use Permit Application No. CUP 10 -20 with a parking modification to convert the existing 2, 274 square -foot take -out food establishment to a restaurant with a dining area for 20 patrons at 142 East Duarte Road. Recommended Action: Conditional Approval Lisa Flores, Senior Planner reported that an application to convert an existing 2,274 square foot take -out food service establishment to a restaurant with seating for 20 patrons within the existing shopping center at 140 -160 E. Duarte Road (dba Tasty Togo, 142 E. Duarte Road) was filed by Raymond Kwan on behalf of the property owner, Generation Chu, LLC; that staff had recommended approval of the application to the Planning Commission subject to conditions at their meeting on February 8, 2011; that the Planning Commission denied the application based on existing parking shortage at the location and that approval could worsen the parking problem; and noted that the applicant's appealed the Planning Commission's to the City Council requesting the denial be overturned. Mrs. Flores explained that Tasty Togo had been operating since November 30, 2010 as a take -out only food service establishment with no seating which did not require a conditional use permit; and that shortly after Tasty Togo opened, the owners realized that the business would not survive without tables and chairs and that customers stated they would not return if there was nowhere to sit and eat; the applicant was then cited when tables and chairs were set up; and that the applicant's were apologetic and applied for a CUP. She stated that a parking survey of the parking lot was submitted by the applicant at the request of the City and found that there were 45 available parking spaces in the afternoon and up to 78 parking spaces during the evening after 5:30 p.m. She commented that staff concurred with the applicant's parking survey and recommended that the City Council overturn the Planning Commission's decision with conditions noted in the staff report. Mayor Amundson opened the public hearing. 03 -15 -11 3 53:0054 Elaine Gee -Wong appeared on behalf of the applicants as their translator; she apologized on behalf of the applicant and explained that their business would not survive if there are no tables and chairs and requested the City Council to overturn the Planning Commission's denial and allow tables and chairs in the establishment. Sammy Kwan, an Arcadia resident and owner of Tasty Togo appeared and apologized to the City for violating the Code and requested that their CUP be approved. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Harbicht and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Chandler and carried on roll call vote to overturn the Planning Commission's denial and approve Conditional Use Permit No. CUP 10 -20 with the related parking modification to allow a 2,274 square foot restaurant with seating for 20 patrons at 142 E. Duarte Road; state the supporting findings and environmental determination and prepare a resolution for adoption at the next meeting that incorporates the City Council's decision, specific determinations and findings and conditions of approval. AYES: Council /Agency Member Harbicht, Chandler, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal c. Consideration of an appeal of a denial by Planning Commission of Conditional Use Permit Application No CUP 10 -12 with a parking modification to allow a new 1,714 square -foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 South Baldwin Avenue, Unit #D. Recommended Action: Conditional Approval Tim Schwehr, Assistant Planner explained that an application filed by Mr. Kwok for a new 1,724 square foot martial arts studio with a maximum of 2 instructors and 12 students at 921 S. Baldwin Avenue #D was denied by the Planning Commission based on an existing parking shortage at the location; that the Development Services Department had recommended approval of the application to the Planning Commission subject to certain conditions of approval which was denied; that the applicant appealed the Planning Commission's decision to the City Council requesting it be overturned. He provided background information regarding existing businesses in the same location previously approved with parking modifications; he explained the proposed class times as a condition of approval; that at the request of the City, the applicant provided a parking survey which staff also observed in order to verify the results of the parking survey and found it to be accurate. He also explained that after the applicant filed the appeal, staff conducted additional site observations of the parking lot during weekday business hours and weekend lunch and dinner hours; and indicated that the site can accommodate the proposed martial arts studio with the conditions listed in the staff report. Mayor Amundson opened the public hearing. Terence Kwok, Architect of the project appeared on behalf of the martial arts studio and explained that the martial arts studio is primarily for children ages 6 to 14; that the parents do not park their vehicles and stay, they drop off and pick up their children only; and requested changes in the time. 03 -15 -11 4 53:0055 A motion to close the public hearing was made by Mayor Pro Tem Kovacic, seconded by Council Member Harbicht and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Harbicht and carried on roll call vote to overturn the Planning Commission's denial; and approve Conditional Use Permit No. CUP 10 -12 with the related parking modification to allow a new 1,714 square foot martial arts studio with a maximum of 2 instructors and 12 students at any one time at 921 S. Baldwin Avenue, Unit D; that the restriction on instruction hours shall be changed on Saturdays from 11:00 a.m. to 2:00 p.m. (instead of 3:00 p.m.) and that all other hours of instruction shall remain as recommended by staff; state the supporting findings and environmental determination, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the City Council's decision, specific determinations and findings and conditions of approval. AYES: Council /Agency Member Chandler, Harbicht, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal d. Consideration of Text Amendment No. TA 11 -02 to amend the Arcadia Municipal Code pertaining to Temporary Banner Regulations. Ordinance No. 2283 amending Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to Temporary Banner Regulations. Recommended Action: Introduce Jim Kasama, Community Development Administrator reported that the Development Services Department is proposing to amend the City's temporary banner regulations to facilitate enforcement as directed by the City Council at a Study Session on January 18, 2011; he explained that the proposed ordinance will reduce the time allowed for illegal signs to be brought into compliance from 30 days to 5 days and will apply the 1/3 non -Roman alphabet identification limitation to temporary banners; and at the request of the City Council the Chamber of Commerce was consulted and agreed with the changes to the City's Sign Regulations. He explained that the two changes to the City's commercial sign regulations will improve staff's ability to enforce the temporary banner regulations and enhance the City's ability to respond to emergencies. Mayor Amundson opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Mayor Pro Tem Kovacic, seconded by Council Member Harbicht and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council /Agency Member Harbicht seconded by Council /Agency Member Chandler and carried on roll call vote to approve Text Amendment No. TA11 -02 and introduce Ordinance No. 2283 amending Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to Temporary Banner Regulations. AYES: Council /Agency Member Harbicht, Chandler, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal 03 -15 -11 5 53:0056 REPORTS FROM THE CITY COUNCIL AND CITY CLERK Council Member Chandler commented that he appreciated the Arcadia High School students and parents "pink" presentation. Mayor Pro Tem Kovacic commended the speakers and the solidarity they showed in support of the schools and encouraged everyone to donate and support the Arcadia Educational Foundation (AEF). Council Member Harbicht commented that the School District is run by an elected Board of Education and not the City; and that the students were not requesting assistance from the City because the City does not have the ability to do anything regarding the school district situation. City Clerk Barrows echoed Council Members Chandler, Kovacic and Harbicht's comments regarding the school district situation. Mayor Amundson thanked the City Council for their support regarding the Mayor's Community Breakfast; he announced that the Mayor's Community Breakfast will show on the City's cable channel; and on April 16 at the Library there will be an Action Workshop regarding emergency preparedness and he encouraged everyone to attend. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve and authorize the Executive Director to execute a Professional Services Agreement with UrbanPlace Consulting Group to provide consulting services to the Arcadia Downtown Business Association in the amount of $18,777. Recommended Action: Approve CITY COUNCIL ITEMS: b. Accept a donation from the Children's Hospital in Los Angeles for the 2011 Community Bike Ride in the amount of $4,000. Recommended Action: Accept c. Adopt Resolution No. 6758 amending Resolution 5827 changing the time of the regular meetings for the Planning Commission. Recommended Action: Adopt d. Adopt Resolution No. 6759 authorizing designated staff to file with the California Emergency Management Agency Requests for Financial Assistance under the Natural Disaster Assistance Act and similar statues. Recommended Action: Adopt e. Waive expenses related to traffic control services for the Seventeenth Annual Santa Anita Derby Dav 5K to be held on Saturday, April 9, 2011. Recommended Action: Approve 03 -15 -11 6 53:0057 f. Authorize the City Manager to execute a Professional Services Agreement with respective companies within the Financing Team for the issuance of 2011 Series General Obligation Bonds for the Santa Anita Grade Separation Gold Line Proiect. Recommended Action: Approve Mayor Pro Tem Kovacic requested Consent Calendar item 2.e regarding the Santa Anita Derby Day 5K be pulled for separate discussion. It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Harbicht and carried on roll call vote to approve Consent Calendar items 2.a through 2.d and 2.f. AYES: Council /Agency Member Chandler, Harbicht, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal In response to a question from Mayor Pro Tem Kovacic regarding the traffic control services being waived because it is a charitable event, Mr. Penman responded that he agreed that the traffic control services should not be waived solely because it is a charitable event; that staff is also recommending traffic control services be waived because the event is sponsored by local organizations and businesses, Methodist Hospital, Westfield and Santa Anita and that profits from the race will be donated to Arcadia High School Athletic Boosters Club, the Arcadia Historical Museum and the Arcadia Police Explorers and another reason for waiving the traffic control service fees was that the event will draw over 5,000 runners in addition to family and friends of the runners. It was moved by Council /Agency Member Kovacic, seconded by Council /Agency Member Harbicht and carried on roll call vote to approve Consent Calendar item 2.e. AYES: Council /Agency Member Kovacic, Harbicht, Chandler and Amundson NOES: None ABSENT: Council /Agency Member Segal 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. Approve and authorize the Executive Director to execute a Professional Services Agreement with Walker Parking Consultants for a Downtown Parking Study in the amount of $93,345 plus a 10% contingency. Recommended Action: Approve Jason Kruckeberg, Assistant City Manager /Development Services Director reported that a Downtown Parking Study is included in the 2010 -11 Redevelopment Agency Budget in an effort to revitalize the Downtown area and to prepare for the coming of the Gold Line; he stated that the City owns three separate parking lots grouped into two separate parking areas in the Downtown area which contain approximately 327 off street parking spaces; that a Downtown Parking Study will inventory current available parking, evaluate the demand and use of the City's parking spaces, review the effectiveness of existing public and private parking resources, evaluate creative methods of better utilizing existing public and private parking spaces, provide recommendations for planning and developing new parking resources, and provide recommendations for promoting the public parking resources available in the Downtown area. 03 -15 -11 7 53:0058 He reported that the primary goal of the study will provide a detailed "snapshot" of the demand for the parking spaces as well as the type of use they receive i.e. long term, short term, etc. and to be prepared for how future development and change of uses can be accommodated over time; he explained that new uses or expansions in the Downtown area are reviewed on a case- by -case basis and there is no comprehensive analysis to determine the impacts of these changes on City resources. He noted that Request for Proposals were sent to 7 qualified firms; that 3 were returned and evaluated based on the established criteria including the firm's professional qualifications, experience, understanding of the scope, proposed project approach and proposed costs; that Walker Parking Consultants was the best and most qualified and parking is the entire focus of the firm; he stated that the project is a redevelopment project and will be funded with redevelopment money; and recommended approval of a Professional Services Agreement with Walker Parking Consultants in the amount of $93,345. It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve and authorize the Executive Director to execute a Professional Services Agreement with Walker Parking Consultants for a Downtown Parking Study in the amount of $93,345 plus a 10% contingency. AYES: Council /Agency Member Chandler, Kovacic, Harbicht and Amundson NOES: None ABSENT: Council /Agency Member Segal b. Approve a request from Arcadia's Best Foundation for closure of First Avenue from Alta Street to Duarte Road for Community Event on July 2, 2011. Recommended Action: Approve with Conditions Mr. Penman reported that Arcadia's Best Foundation submitted a request to conduct an event involving a community parade, street fair, car show and performance program on First Avenue on Saturday, July 2, 2011; he reported that since most of the activities will be conducted in the public right -of -way, City Council permission is needed to close a number of streets in order to ensure public safety; and that all costs and fees for the street closure would be paid entirely by the event organizers. Mr. Penman indicated that due to the high costs related to multiple streets being closed for an extended period of time which would drive the costs above $10,000, event organizers met with Police Department staff to see what can be done to reduce the costs and noted that as a result of that meeting, the number of street closures and time frames have been significantly reduced to about $6,000 and recommends approval of the event with the following conditions (1) that all costs associated with the event be reimbursed by the Arcadia's Best Foundation; (2) that the Foundation shall indemnify and hold harmless the City in an amount and form approved by the City Attorney; (3) that all businesses and residents affected by the street closure shall be noticed of the timing of the street closures; and (4) that all sponsors shall secure a special event permit and all vendors who participate in the event shall secure an Arcadia business license. Mr. Penman added that the only other cost that has been identified besides the Police Department is for Public Works Services; that a street sweeper would be needed to clean up at the end of the event and one or two employees would be needed to pick up and empty trash containers throughout the course of the event; and noted that staff will meet with the Foundation to see if they have volunteers which would cut down on costs. 03 -15 -11 8 53:0059 At the request of Mayor Pro Tem Kovacic, Scott Hettrick, Arcadia's Best Foundation representative discussed the purpose of the event and the thought behind having a community event on July 2, 2011; he commented on anticipated and actual costs including pledges from sponsors; he stated that the Police Department helped him to scale down the costs for their services to about $6,000 and that he was just informed about the additional $3,000 cost for Public Works Services; he thanked the City Council in advance for any support they can provide. He indicated that Waste Management is a sponsor including 20 other individuals and organizations that have volunteered to pledge financial sponsorship and more than a dozen will pledge between $1,000 and $2,500 each and Waste Management has agreed to handle all trash services. Council Member Harbicht recommended that the City waive police costs up to $6,500 and that the foundation reimburse the City $3,000 for Public Works Services related costs. It was moved by Council /Agency Member Harbicht, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve a request from Arcadia Best Foundation for closure of First Avenue from Alta Street to Duarte Road for Community Event on July 2, 2011; waive police costs in amount not to exceed $6,500 and reimburse the City $3,000 for Public Works Services costs; and that 1/3 of the costs come from Redevelopment Agency funds and 2/3 from the General Fund. AYES: Council /Agency Member Chandler, Harbicht, Kovacic and Amundson NOES: None ABSENT: Council /Agency Member Segal a. Report regarding Fiscal Year 2010 -11 budget review update and approval of budget appropriations for programs and expenditures occurring during the fiscal vear; and adopt Resolution No. 6760 adopting and appropriating the amounts specified therein into the Fiscal Year 2010 -2011 Operating Budget for programs and expenditures that occurred during the fiscal year. Recommended Action: Receive and File Fiscal Year 2010 -11 Budget Review Update and adopt Resolution. Don Penman, City Manager explained that the purpose of the mid -year budget review is to determine the status of the City's fiscal position half way through the fiscal year; that adjustments, if necessary, can be made to the budget if projections are not achieved; he indicated that the mid -year report is through December 2010 and does not reflect the holiday sales tax which would not be available until early April. He reported that the remainder of the City's fiscal position has improved since the adoption of the budget in June 2010 when it was projected use of reserves to balance the budget would be about $574,000; and that it is now anticipated that only about $111,000 in reserves would be needed. Hue Quach, Administrative Services Director provided a brief mid -year line by line budget revenue review of the property tax, franchise fee, sales tax, transient occupancy tax, utility users tax, business license tax, plan check fee, building permits, motor vehicle license fees, ambulance subscription service charge and other miscellaneous revenue accounts; and provided a review regarding the saving on the expenditure side; he noted that the Police Department projected an additional savings of $232,000 from their operational line items in contract services and supplies accounts; and Library and Museum Services will have an additional savings of approximately $69,000 from personnel vacancies. He reported that there are a few additional appropriations that require City Council action to formalize their place in the 03 -15 -11 9 53:0060 2010 -11 budget; he reported and explained those additional appropriations (1) concession give back to employees; (2) physical examination agreement; (3) mandate for various vaccinations; and (4) the coyote program. It was moved by Council /Agency Member Kovacic, seconded by Council /Agency Member Harbicht and carried on roll call vote to receive and file the mid -year budget review update and adopt Resolution No. 6760 adopting and appropriating the amounts specified therein into the Fiscal Year 2010 -11 Operating Budget for programs and expenditures that occurred during the fiscal year. AYES: Council /Agency Member Kovacic, Harbicht, Chandler and Amundson NOES: None ABSENT: Council /Agency Member Segal ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:35 p.m. to Tuesday, April 5, 2011, 6:00 p.m. in City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. </.i .4/ �/ • �.. Arr., d ary _ acic, ayor ATTEST: J mes H. Barrows, City Clerk 03 -15 -11 10