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HomeMy WebLinkAboutItem 3a - Regular Meeting Minutes of September 2, 201456:0098 CITY COUNCIL /SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 2, 2014 Pursuant to the adjournment of the August 19, 2014, Regular Meeting of the City Council, the Chief Deputy City Clerk appeared at the time and place of adjournment at 6:00 p.m. and announced that no quorum was present until the 7:00 p.m. regular meeting. INVOCATION — Reverend Terrence Shay, Mandarin Baptist Church PLEDGE OF ALLEGIANCE — Jason Kruckeberg, Assistant City Manager /Development Services Director ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay, and Wuo ABSENT: None SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that copies of emails and letters received from constituents, both for and against Public Hearing Items 1.a. through 1.d. were distributed to the City Council, including a letter from the City, dated December 10, 2013, which staff will refer to during the hearing process. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Tay to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of Proclamation to long -time Arcadia resident Cathy Klose, who recently retired as the Health Services Director of Foothill Unity Center. PUBLIC HEARINGS Assistant City Manager /Development Services Director Kruckeberg provided general background information of the four appeals, and provided an overview of the appeals process. a. An appeal of the Planning Commission's decision to uphold the Highlands Homeowners' Association's Architectural Review Board's Design Review Approval and Oak Tree Encroachment Permit No. THE 14 -27 for a new residence at 1717 Alta Oaks Drive. Recommended Action: Deny Appeal and Uphold the Planning Commission's Decision to Uphold the ARB Design Review Approval and the Oak Tree Encroachment Permit 09 -02 -14 56:0099 Community Development Administrator Kasama presented the staff report Mayor Wuo opened the public hearing. April Verlato, the Appellant, appeared and provided a brief history of the Highlands Homeowner Association and the Architectural Review Board; and brief summary of the project and recommendations for compatibility in the Highlands. Robert Tong, Architect (Sanyao International, Inc.), appeared and commented on the design of the project and presented a PowerPoint of the different styles of homes in the Highlands. Jun Segimoto, Grace Lee (appellants), and Gary Thomas, residents of the Highlands appeared and spoke in opposition of the proposed project; and urged the City Council to obtain the opinion of a certified arborist regarding the encroachment of the oak tree on the property. John Uniack, Chair of the Highlands Architectural Review Board, appeared and also presented a PowerPoint of the homes in the Highlands that represent the characteristics, compatibility, and harmony of the neighborhood. John Fick and Kathy Pluim appeared and spoke in opposition of the proposed project and expressed concerns regarding the mess left in front of construction site. Peggy Allison, and Jeff Bowen appeared and spoke in favor of the proposed project and urged the City Council to work with the developers. Robert Stover, Highlands Homeowners Association President, appeared and explained that the residents are not against the new development, they just want the homes to fit in the area. Bruce McCallum, a resident of the Highlands appeared and urged the City Council to deny each of the appeals. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Wuo declared the public hearing closed. City Manager Lazzaretto clarified that the City Council conducted a study session last month and discussed the Homeowners Association process; that the City Council directed staff to ensure that the construction sites are well maintained, and can issue citations if the construction sites are impacting the neighborhood in a negative way. It was moved by Council Member Beck and seconded by Mayor Pro Tern Kovacic to add a Condition No. 5 to include that "within 18 months of issuance of the Certificate of Occupancy, if the Oak tree on the property dies, a new tree, no smaller than a 72" box be replaced, with the guidance of a certified arborist. The motion failed. AYES: Council Member Beck and Mayor Pro Tern Kovacic NOES: Council Member Chandler, Tay, and Wuo ABSENT: None 09 -02 -14 56:00100 It was moved by Council Member Chandler, seconded by Council Member Tay and carried on roll call vote to deny the appeal of the Planning Commission's decision to uphold the ARB's decision and approve the design and Oak Tree Encroachment Permit, subject to the Conditions of Approval. AYES: Council Member Chandler, Tay, Beck, and Wuo NOES: Mayor Pro Tern Kovacic ABSENT: None b. An aaaeal of the Plannina Commission's decision to refer Sinale - Familv Architectural Design Review No. SFADR 13 -140 to the Highlands Homeowners' Association's Architectural Review Board for review and consideration of a new residence at 1203 Highland Oaks Drive. Recommended Action: Approve Appeal to Overturn the Planning Commission's Decision and Conditionally Approve the Design Review Assistant City Manager /Development Services Director Kruckeberg and Community Development Administrator Kasama provided a summary of the project and appeal. Mayor Wuo opened the public hearing. Phillip Chan, PDS Studio, Inc., appeared and provided an overview of the application process and timeframes; he explained that he has designed over 30 homes in the different HOA areas in Arcadia, and all met the City's Architectural Design Guidelines and Resolution No. 6770; he commented on staff's recommendations, including replacing the wrought iron front entry door, lowering the top plate height of the first floor, the roof pitch, and urged the City Council to approve the proposed project. David Mans, Attorney for the Applicant, appeared and explained the design review process and requested the City Council to approve the appeal by overturning the Planning Commission's decision and to conditionally approve the design review. Arthur Fry appeared and commended staff for a job well done; he asked that City inspectors force the removal of Waste Management's dirty trash bins from the front of newly constructed structures. Rosaline Barrie appeared and spoke in opposition of the project. Ash Risk, Janet Chan, and Annie Wong appeared and spoke in favor of the proposed project April Verlato appeared and discussed the procedural and design issues on the application. Carolyn Papp appeared and objected to the size of the house which is significantly larger than existing homes in the area, and suggested that larger homes be built in South Arcadia where the lots are larger. John Uniack, Chair of the Highlands Architectural Review Board, felt that the proposed home is not compatible with the neighborhood and urged the City Council to allow the Homeowner Association and Architectural Review Board review the application for the project. George Zordilla, appeared and discussed the Architectural Review Board's notification process. Jennifer Duclatt, appeared and asked the City Council to do what is best for the residents who represent the City. 09 -02 -14 56:00101 Dave Arvizu and John Fick appeared and urged the City Council to give Architectural Review Board an opportunity to do its job. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Wuo declared the public hearing closed. Mayor Wuo, requested to reopen the public hearing to allow Council Member Beck to ask the developer some follow -up questions; seconded by Council Member Chandler. A motion to close the public hearing was made by Council Member Chandler and seconded by Mayor Pro Tern Kovacic; seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve the appeal to overturn the Planning Commission decision, and approve the proposed design, subject to the Conditions of Approval as amended by the City Council to (1) reduce the roof pitch to 4:12 to reduce the roof height; (2) plant two, 72- inch -box sycamore trees as replacement trees for the two proposed to be removed; and (3) remove the water feature in the front yard area. AYES: Council Member Chandler, Tay, Beck, and Wuo NOES: Mayor Pro Tern Kovacic ABSENT: None An aaaeal of the Plannina Commission's decision to uahold the aaaroval of Sinale- Family Architectural Design Review No. SFADR 14 -03 and Oak Tree Encroachment Permit No. THE 14 -06 for a new residence at 1350 Hiahland Oaks Drive. Recommended Action: Deny Appeal and Uphold the Planning Commission's Decision to Approve the Design Review and Oak Tree Encroachment Permit Assistant City Manager /Development Services Director Kruckeberg and Community Development Administrator Kasama provided a summary of the project and appeal. Mayor Wuo opened the public hearing. April Verlato, Appellant, stated that the City processed the application when it should have gone to the ARB for their review and asked the City Council to give the ARB an opportunity to review the project. Robert Tong, Project Designer, appeared and commented on the proposed project and emphasized his consideration of submitting a plan which is harmonious and compatible to the neighborhood and noted that the applicant would accept the Conditions of Approval. Edward McLee appeared and discussed the City's action on taking over ARB's job and felt that this matter be sent back to the Highlands ARB for proper hearing and design review. Shelley Chu appeared and expressed her opposition to the project. A motion to close the public hearing was made by Council Member Chandler and seconded by Council Member Tay; seeing no further objection, Mayor Wuo declared the public hearing closed. 09 -02 -14 56:00102 It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to deny the appeal of SFADR 14 -03 and THE 14 -06 and uphold the Planning Commission decision to approve the Design Review and Oak Tree Encroachment Permit, subject to the Conditions of Approval. AYES: Council Member Chandler, Tay, Beck, and Wuo NOES: Mayor Pro Tern Kovacic ABSENT: None d. An appeal of the Planning Commission's decision to approve Single- Family Architectural Design Review No. SFADR 14 -26 and Oak Tree Encroachment Permit No. THE 14 -16 for a new residence at 1800 Wilson Avenue. Recommended Action: Deny Appeal and Uphold the Planning Commission's Decision to Approve the Design Review and Oak Tree Encroachment Permit Assistant City Manager /Development Services Director Kruckeberg and Community Development Administrator Kasama provided a summary of the project and appeal. Mayor Wuo opened the public hearing. April Verlato, Appellant, discussed staffs' recommendations on the proposed project and clarified that staffs' recommendations on this project matches with the suggestions submitted by the neighbors. Robert Tong, Project Designer, appeared and noted that he designed the project with consideration of harmonious and compatibility with the neighborhood and the City's Design Guidelines; and agreed to amend the design of the project and add the additional conditions suggested. Alan Stanchfield, appeared and urged the City Council to let the ARB review this project. Lori Gamez, appeared and hoped that the City will listen to its residents. George Zordilla, appeared and asked the City Council to consider different criteria of the appeal to make the project more compatible and harmonious. Peggy Allison, appeared and read a letter from Donald Duckworth, a resident in the Highlands, in support of the project. Mayor Wuo left the room at 11:10 p.m. and Mayor Pro Tern Kovacic presided over the meeting. Mayor Wuo returned at 11:15 p.m. Todd Bowden, representing the Developer, expressed his appreciation to the Planning Division for the comprehensive review and appropriate recommendations for the proposed project; he noted that they would like to keep the stone veneer on the first floor and discussed the height of the proposed building in comparison with the neighboring properties. A motion to close the public hearing was made by Council Member Chandler and seconded by Council Member Tay; seeing no further objection, Mayor Wuo declared the public hearing closed. 09 -02 -14 56:00103 It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to deny the appeal of the Planning Commission's decision, and approve the proposed design, subject to the Conditions of Approval, as amended by the City Council to (1) remove the dormer above the entry; and (2) revise the two windows by the front entry from arched to rectangular /trabeated, and revise all the shutters to be louvered. AYES: Council Member Chandler, Tay, Beck, and Wuo NOES: Mayor Pro Tern Kovacic ABSENT: None The City Council recessed at 11:25 p.m. and reconvened at 11:30 p.m PUBLIC COMMENTS Lawrence Papp appeared and discussed the "Stop the Utility Users Tax Initiative" and urged the City Council to place the Utility Users Tax initiative on a ballot. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). Council Member Chandler had nothing to report. Council Member Beck had nothing to report. Mayor Pro Tern Kovacic thanked Mayor Wuo for honoring Cathy Klose on her retirement; he announced the start of the Arcadia High School Football season and encouraged everyone to attend the next home game between Arcadia High School and Glendale High School, and gave recognition to the Apache marching band. Council Member Tay announced that he and his wife meet with Community Relations Officer Mike Vercillo to start a Neighborhood Watch in their neighborhood. City Clerk Glasco mentioned the low prices of books at the Library Book Store and encouraged everyone to visit the store. Mayor Wuo thanked all the residents and speakers who attended the meeting to express their concerns and opinions. 2. CONSENT CALENDAR a. Regular Meeting Minutes of August 19, 2014, and Special Meeting Minutes of August 20, 2014. Recommended Action: Approve b. Purchase order with National Auto Fleet Group for five Ford Explorer black & white police pursuit vehicles, one Ford Explorer pursuit vehicle, and one Dodge pickup truck in the amount of $237,294. Recommended Action: Approve 09 -02 -14 56:00104 Contract with Sheldon Mechanical for the Library Boiler Replacement Project and approval of a supplemental appropriation from the Capital Improvement Fund in the amount of $43,000. Recommended Action: Approve Extension to the contract with CLS Landscape Management, Inc. for annual tree trimming services and tree removal and replacement in the amount of $258,727. Recommended Action: Approve e. Accept all work performed by General Pump Company for the Inspection and Rehabilitation of the Live Oak Well Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve Service Agreement with Propertyroom.com for online auctioning of items from police evidence. Recommended Action: Approve It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a. through 2.f. AYES: Council Member Tay, Chandler, Beck, Kovacic, and Wuo NOES: None ABSENT: None ABSTAIN: Mayor Pro Tern Kovacic (Consent Calendar Item 2.d.) 3. CITY MANAGER ITEMS a. Ordinance No. 2318 amending Chapter 9.4 of Article IV of the Arcadia Municipal Code relating to the sex offender regulations; and find that this Ordinance is exempt from the provisions of the California Environmental Quality Act. Recommended Action: Introduce Police Chief Guthrie presented the staff report. It was moved by Council Member Chandler, seconded by Council Member Beck, and carried on roll call vote to introduce Ordinance No. 2318 amending Chapter 9.4 of Article IV of the Arcadia Municipal Code relating to the sex offender regulations; and find that this Ordinance is exempt from the provisions of the California Environmental Quality Act. AYES: Council Member Chandler, Beck, Kovacic, Tay, and Wuo NOES: None ABSENT: None 4. CITY COUNCIL /SUCCESSOR AGENCY a. Successor Agency Resolution No. SA — 9 approving and adopting the Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2015, through June 30, 2015. Recommended Action: Adopt 09 -02 -14 56:00105 Economic Development Manager Jerry Schwartz presented the staff report. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Successor Agency Resolution No. SA -9 approving and adopting the Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2015, through June 30, 2015. AYES: Council Member Chandler, Tay, Beck, Kovacic, and Wuo NOES: None ABSENT: None ADJOURNMENT Mayor Wuo adjourned this meeting at 11:55 p.m. to September 16, 2014, at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Lisa Mussenden Chief Deputy City Clerk /Records Manager 09 -02 -14