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HomeMy WebLinkAboutItem 2a - Minutes of Special Meeting and Regular Meeting 05/05/2015ARCADIA CITY COUNCIL CONTINUED SPECIAL MEETING MINUTES TUESDAY, MAY 5, 2014 CALL TO ORDER - Mayor Kovacic called the Continued Special Meeting to order at 6:25 p.m. in the Arcadia Police Department Emergency Operations Room (EOC). ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay and Wuo ABSENT: None CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Save the Arcadia Highlands v. City of Arcadia, City Council of the City of Arcadia, and Does 1 through 10; and Robert Tong, Bowden Development, Inc., 29 East Orange Grove Avenue, LLC, and Does 11 through 25; Los Angeles Superior Court (Central District — Stanley Mosk Courthouse); Court Case No. BS154327. The City Council directed the City Attorney to read the following prepared statement into the record in open session: "On or about March 24, 2015, an entity called Save the Arcadia Highlands served on the City of Arcadia, the City Council, and also Developer, Bowden Development Company, Inc., concerning 1600 Highland Oaks Drive, Developer, 29 East Orange Grove Avenue LLC and Architect Robert Tong, a Petition Seeking Administrative Mandamus to overturn the decision made by the Arcadia City Council to approve design review for two separate single family homes. One of the homes is located at 29 East Orange Grove Avenue, and the other at 1600 Highland Oaks Drive. The City Council has unanimously determined to defend this litigation. Until now, the City of Arcadia, at the direction of the City Council, was actively working with zoning and land use consultants to prepare a proposed update of the City's zoning code for presentation to the public at community meetings, and then to the City Council for possible adoption later this calendar year. This project was initiated in July of 2014 and several community meetings have already been held. The City Council had also directed staff to bring back to the City Council for its consideration a proposed historic preservation ordinance. City staff has completed interviews and an historic preservation consultant has been selected for this project. Finally, at the Council's request, City Staff has formed a "Neighborhood Impacts Committee" to discuss the full range of issues facing our single - family neighborhoods and develop recommendations for the City Council. Due to the filing of this litigation against the City by the petitioner, Save the Arcadia Highlands, and the resulting need to obtain a determination by the court of issues that affect the zoning code update, the City Council has determined by a 3 -2 vote that the City must place the zoning code update project and neighborhood impacts community meetings in abeyance until the litigation filed against the City by Save the Arcadia Highlands is resolved. In addition, by a 3 -2 vote, the City Council determined to move forward with consideration of a historical preservation ordinance, however, excluding the Highland Oaks Homeowners Association area. The City Council considers this to be an unfortunate delay in presentation of these projects due to this litigation as well as the staff time and related cost to the taxpayers resulting from this litigation." The Continued Special Meeting adjourned at 7:00 p.m. AA I/A Lis ussenden 05 -05 -15 Chi 6f Deputy City Clerk ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, MAY 5, 2015 Mayor Kovacic called the Study Session to order at 4:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay and Wuo PUBLIC COMMENTS — No one appeared STUDY SESSION a. Report, discussion and direction regarding the Proposed 2015 -16 Fiscal Year Budget. City Manager Lazzaretto provided an overview of the proposed 2015 -16 Fiscal Year Budget, General Fund beginning and ending balances, estimated revenues, transfers in and out of funds, expenditures, revenues over expenditures, the Equipment Replacement Fund, Emergency Reserve Fund, Liability/Workers' Compensation Self- Insurance Fund, and Capital Improvement Fund. Department Heads presented highlights of their department including new and expanded programs and services, key department services and proposed budget changes. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Wuo, and carried on roll call vote to turn off the water fountain at the corner of Santa Anita Avenue and Huntington Drive. AYES: Council Member Chandler, Wuo, Beck and Tay NOES: Mayor Pro Tern Kovacic Council Member Beck made a motion that $1 million be allocated for re- landscaping purposes to address the drought and the aesthetics of the medians Citywide. The motion died for lack of a second. Council Member Wuo suggested that staff study and bring back different options and costs for landscaping purposes before the City allocates any funding. It was the consensus of the City Council that staff should study and bring back for City Council consideration different options and costs for landscaping purposes. Mayor Kovacic adjourned this Study Session meeting at 6:22 p.m. to Tuesday, May 19, 2015, 5:30 p.m. at the Arcadia Police Department's EOC Room. 05 -05 -15 CITY COUNCIL REGULAR MEETING CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:10 p.m. INVOCATION — Reverend Rodolfo Reyes, Police Department Chaplain PLEDGE OF ALLEGIANCE — Boy Scout Troop 134 Adam Ali and Jordon Wang ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Tay, Wuo, Chandler, and Kovacic REPORT FROM CITY ATTORNEY ON STUDY SESSION ITEM City Attorney Deitsch reported that the City Council conducted a Study Session concerning the proposed Fiscal Year 2015 -16 Budget, no action was taken. City Attorney Deitsch also reported that the City Council met in a Continued Special Closed Session meeting from April 7, 2015, and as a result of that Continued Closed Session meeting, the City Council directed the following statement be read: "On or about March 24, 2015, an entity called Save the Arcadia Highlands served on the City of Arcadia, the City Council, and also Developer, Bowden Development Company, Inc., concerning 1600 Highland Oaks Drive, Developer, 29 East Orange Grove Avenue LLC and Architect Robert Tong, a Petition Seeking Administrative Mandamus to overturn the decision made by the Arcadia City Council to approve design review for two separate single family homes. One of the homes is located at 29 East Orange Grove Avenue, and the other at 1600 Highland Oaks Drive. The City Council has unanimously determined to defend this litigation. Until now, the City of Arcadia, at the direction of the City Council, was actively working with zoning and land use consultants to prepare a proposed update of the City's zoning code for presentation to the public at community meetings, and then to the City Council for possible adoption later this calendar year. This project was initiated in July of 2014 and several community meetings have already been held. The City Council had also directed staff to bring back to the City Council for its consideration a proposed historic preservation ordinance. City staff has completed interviews and an historic preservation consultant has been selected for this project. Finally, at the Council's request, City Staff has formed a "Neighborhood Impacts Committee" to discuss the full range of issues facing our single - family neighborhoods and develop recommendations for the City Council. Due to the filing of this litigation against the City by the petitioner, Save the Arcadia Highlands, and the resulting need to obtain a determination by the court of issues that affect the zoning code update, the City Council has determined by a 3 -2 vote that the City must place the zoning code update project and neighborhood impacts community meetings in abeyance until the litigation filed against the City by Save the Arcadia Highlands is resolved. In addition, by a 3 -2 vote, the City Council determined to move forward with consideration of a historical preservation ordinance, however, excluding the Highland Oaks Homeowners Association area. The City Council considers this to be an unfortunate delay in presentation of these projects due to this litigation as well as the staff time and related cost to the taxpayers resulting from this litigation." 05 -05 -15 SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that additional emails regarding the proposed sign ordinance were received from the public after the agenda was distributed and will be discussed under Public Hearing item 1.a. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Tay, seconded by Council Member Chandler, to read all ordinances and resolutions by title only and waive the reading in full. Mayor Kovacic allowed public speaker Zayneb Khan to speak at this time in order to allow her to go home and finish her school homework. The City Council concurred. Zayneb Khan, a 10 year old Arcadia resident, appeared and requested that the City Council outlaw the declawing of cats. PUBLIC HEARING a. Ordinance No. 2324 amending portions of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in order to update the City's Single - Family Residential Real Estate Sign and Developer- Contractor Sign Regulations. (Continued Public Hearing from the April 7, 2015, City Council Meeting) Recommended Action: Find that Ordinance No. 2324 is exempt from the requirements of the California Environmental Quality Act, and introduce Ordinance No. 2324. Assistant City Manager /Development Services Director Kruckeberg, Community Development Administrator Kasama and Associate Planner Schwehr presented the staff report. Mayor Kovacic opened the public hearing. Frank Pocino, an Arcadia resident, appeared and indicated that he supports the sign ordinance but urged the City Council to keep the height of the signs at 6 feet. Donna Perez, an Arcadia resident, appeared and commented on her support of the sign ordinance and urged the City Council to place the additional restrictions on the residential signage to preserve the quality of the City's visual environment. Kirk Olsen, an Arcadia resident, appeared and commented on the eyesore the signs create, and that the signs are cluttering the City; he urged the City Council to amend the Municipal Code to ban all types of signs, including signs that have renderings; he asked that all contractor and developer signs be eliminated, and that only one sign with an emergency number should be allowed on the site. Yvonne Petty, an Arcadia realtor, appeared and spoke about the height of the signs and urged the City Council to keep the height at 6 feet; and she thanked the City Council for allowing them to have four open house signs. 05 -05 -15 Joe Pacilio, Arcadia Association of Realtors, appeared and spoke in opposition of changing the height of the signs, and urged the City Council to keep the height at 6 feet. Roger Nemrava, an Arcadia resident, appeared and spoke about developer signs and feels that the signs should consist of important information such as developer contact information, a drawing of the home, number of beds, case number, etc. Roy Blume, Arcadia Association of Realtors, appeared and spoke in opposition of changing the height of the signs; he commented on safety issues as one of the reasons to keep the height of the signs at 6 feet. Watson Gan, an Arcadia Realtor, appeared and spoke about how the City of Arcadia has attracted people worldwide as a place to live and raise a family; and also spoke in support of keeping the height of the signs at 6 feet. A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Wuo, and seeing no further objection, Mayor Kovacic declared the public hearing closed. During deliberations, it was the consensus of the City Council that the real estate signs should remain at 6 feet, one for sale sign should be allowed per lot, that two riders maximum be allowed on a for sale sign, that open house signs should be limited to a maximum of four, that open house signs may be displayed between 10am and 6pm on any day that an open house is held, and that one developer sign of not more than 16 square feet in area should be allowed, which must be approved by the City staff. The developer sign shall include a rendering of the new home, the size of the lot, the size of the home, allowable construction hours, and any legal notices and contact information; in addition, the sign shall only be allowed to be up for six months with a six month extension available if approved by Staff. The proposed changes were read into the Ordinance by Attorney Deitsch. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to find that Ordinance No. 2324 is exempt from the requirements of the California Environmental Quality Act; and introduce Ordinance No. 2324 amending portions of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in order to update the City's Single - Family Residential Real Estate Sign and Developer- Contractor Sign Regulations, as amended. AYES: Council Member Chandler, Tay, Wuo, and Kovacic NOES: Council Member Beck PUBLIC COMMENTS Peter Amundson, an Arcadia resident and former Arcadia Mayor, appeared and spoke about respect and wished the City Council great and productive years. Brett Mitulski, an Arcadia resident, appeared and spoke about mansionization and urged the City Council to adopt a floor area ratio ordinance. Robert Harbicht, an Arcadia resident and former Mayor, appeared and spoke about the Special Olympics being held in Los Angeles in July 2015, and noted that Arcadia will host two teams for 3 days; he announced that a fundraiser will be held on Monday, May 18 at the Derby Restaurant and that all proceeds will go to the Special Olympics, and urged everyone to attend. 05 -05 -15 April Verlato, an Arcadia resident, appeared and shared her disappointment about what the City Council has done regarding the "Save the Arcadia Highlands lawsuit ". Arthur Lane, an Arcadia resident, appeared and shared his personal experience in his neighborhood about the loud noise by the construction companies in the early morning before construction hours and urged the City to enforce the city code and penalize the companies that violate construction hours. Mayor Kovacic thanked Mr. Lane for his comments and directed him to Assistant City Manager /Development Services Director Kruckeberg. Roger Nemrava, an Arcadia resident, appeared and commented on the number of vehicles being parked on the City streets; he recommended that the City needs to increase the cost of parking permits to $1,000 so that people will follow the parking regulations and clean out their garages so that vehicles can fit in them. At the request of Mayor Kovacic, City Manager Lazzaretto provided code enforcement telephone numbers for residents to report code violations. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense CAB 1234]) Council Member Tay reported that he attended the Santa Anita Garden Catering ribbon cutting on April 23, and the reopening of MD Florist in the downtown area on April 25; he announced the Government Affairs meeting on May 7 at the Chamber of Commerce where Administrative Services Director Hue Quach will be the guest speaker. Mayor Pro Tern Chandler had no comments. Council Member Beck commented and praised Zayneb Khan who appeared before the City Council and provided information on the declawing of cats; he announced that he would be absent from the May 19 City Council meeting due to a scheduled family vacation; and noted that he has already donated to the Special Olympics. Council Member Wuo thanked the Arcadia Firefighters Association for the pancake breakfast, and thanked City Manager Lazzaretto and Mayor Kovacic for organizing the community bike ride; he reminded everyone that Mother's Day is on May 10; and noted the Rotary Club will be having a "Salute to Seniors" program on May 12. City Clerk Glasco announced an Arcadia Inter -Faith event on May 7 at the Arcadia Congregational Church; he commented on the pancake breakfast event; and noted that he attended the memorial service for Arly Barton, a long time Arcadia resident and personal friend. Mayor Kovacic commented on the community bike ride event and thanked everyone who participated and helped organize the event; he announced Law Day on Saturday, May 9 at the Arcadia Public Library and noted there will be approximately 35 volunteer lawyers, and he also thanked the Arcadia Chinese Association and everyone who supports the annual event; he thanked former Mayor Harbicht for his comments on the Special Olympics; he wished all the mother's a Happy Mother's Day; and reminded everyone to support small businesses. 05 -05 -15 2. CONSENT CALENDAR a. Regular Meeting Minutes of April 21, 2015. Recommended Action: Approve b. Resolution No. 7061 authorizing the City Manager to sign Master Agreements and Supplemental Agreements with the California Department of Transportation. Recommended Action: Adopt Resolution No. 7068 identifying the terms and conditions for Arcadia Fire Department response when away from official duty station and assigned to an emergency incident. Recommended Action: Adopt Mayor's appointments of City Council Members to City boards, commissions, and outside aovernmental aaencies. Recommended Action: Receive and File e. Professional Services Agreement with Yowanto Engineering, Inc. for the design of the Par 3 Golf Course Efficiency Lighting Upgrade project. Recommended Action: Approve Contract with EC Construction for the Huao Reid Neiahborhood Safe Routes to School project. Recommended Action: Find the project as Categorically Exempt pursuant to the requirements of the National Environmental Protection Act (NEPA) and approve the Contract Contract with Doug Martin Contracting, Inc. for the Fiscal Year 2014 -15 Annual Slurry Seal protect. Recommended Action: Approve Extension to the Professional Services Agreement with Southland Sports Officials to provide basketball officials for the adult and youth basketball leagues. Recommended Action: Approve Extension to the Professional Services Agreement with the Arcadia Unified School District for bus transportation services for recreation activities. Recommended Action: Approve Extension to the Purchase Order with Unified Nutrimeals to provide the Senior Meals Program. Recommended Action: Approve Purchase of electronic GPS tracking devices for use by the Police Department. Recommended Action: Approve Accept all work performed by Advanced Industrial Services, Inc. for the Canyon and Orange Grove Reservoir Roof Repairs as complete. Recommended Action: Approve Mayor Kovacic requested Consent Calendar Item 2.f be pulled for separate discussion 05 -05 -15 It was moved by Council Member Tay seconded by Mayor Pro Tern Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.e and 2.g. through 2.1 AYES: Council Member Tay, Chandler, Beck, Wuo, Kovacic NOES: None At the request of Mayor Kovacic, Deputy Director of Development Services /City Engineer Wray provided specific details about the project. City Manager Lazzaretto added that the project is funded through a federal grant to improve pedestrian and bike routes to school in the amount of $647,000. It was moved by Council Member Tay seconded by Mayor Pro Tern Chandler, and carried on roll call vote to approve Consent Calendar Item 2.f AYES: Council Member Tay, Chandler, Beck, Wuo, Kovacic NOES: None 3. CITY MANAGER a. Agreement for Automatic Aid of Battalion Chief services by and among the Ci of Arcadia, the City of Monrovia, and the City of Sierra Madre. Recommended Action: Approve Fire Chief Norwood provided the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Beck, and carried on roll call vote to authorize and direct the City Manager to execute an agreement for automatic aid of battalion chief services by and among the City of Arcadia, the City of Monrovia and the City of Sierra Madre. AYES: Council Member Chandler, Beck, Tay, Wuo and Kovacic NOES: None ADJOURNMENT The City Council will adjourn this meeting at 9:23 p.m. in memory of Arcadia resident Arly Barton, to Tuesday, May 19, 2015, 6:00 p.m. in the City Council Chamber. Lis ussenden Chi f deputy City Clerk 05 -05 -15