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HomeMy WebLinkAbout11/17/2015 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, NOVEMBER 17, 2015 CALL TO ORDER — Mayor Kovacic called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Segal, Tay, Chandler and Kovacic ABSENT: None PUBLIC COMMENTS — No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: 300 W. Huntington Drive Agency Negotiators: City Manager Dominic Lazzaretto and City Attorney Stephen P. Deitsch Negotiating Parties: City of Arcadia and Methodist Hospital of Southern California (Steven Sisto, Senior Vice President, Chief Operating Officer) Under Negotiations: Price and Terms of Payment b. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of John Doe, an individual, v. City of Arcadia, an incorporated California Municipality, and Does 1 through 10, inclusive — United States District Court Case No.: 2:15-cv-05736-CAS-AS. No reportable action was taken on the Closed Session items. The Closed Session meeting adjourned at 6:40 p.m. CITY COUNCIL REGULAR MEETING 7:00 p.m. CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION - Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE — Gail Marshall, Former Arcadia Mayor ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Segal, Tay, and Kovacic ABSENT: None View full version of this City Council meeting Page 1 of 8 11/17/2015 REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION ITEMS City Attorney Deitsch reported that prior to the regular meeting, the City Council met in a Closed Session to consider the two items listed on the posted agenda under Closed Session; no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS Assistant City Manager/Development Services Director Kruckeberg announced the items distributed to the City Council prior to the regular meeting (a) a letter relating to Public Hearing item 2.a (29 E. Orange Grove), (b) an email sent to the City Council on November 16, 2016; and (c)full size plans relating to Public Hearing items 2.a and 2.b. 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 Mayor Pro Tern Chandler to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of Mayor's Certificate to Arcadia High School Principal Dr. Brent Forsee for being honored with the National High School Administrator Award. b. Presentation of Proclamation to Arcadia Welfare and Thrift Shop for their service — to the community. 1. APPOINTMENTS a. Appointment to the Recreation and Parks Commission. Recommended Action: Make Appointment Mayor Kovacic opened nominations to fill a vacancy on the Recreation and Parks Commission which expires June 30, 2016. Mayor Pro Tem Chandler nominated Watts Council Member Beck nominated Swinney Council Member Tay nominated Watts Council Member Segal nominated Swinney Mayor Kovacic nominated Swinney Seeing no other nominations, City Council Members voted as follows: Mayor Pro Tem Chandler—Vivien Watts Council Member Beck — Steve W. Swinney Council Member Tay—Vivien Watts Council Member Segal —Steve W. Swinney Mayor Kovacic nominated — Steve W. Swinney By majority vote of the City Council, Steve W, Swinney was appointed to the Recreation and Parks Commission to fill an unexpired term which expires June 30, 2016. Page 2 of 8 11/17/2015 b. Appointment to the Arcadia Museum Commission. Recommended Action: Make Appointment Mayor Kovacic opened nominations to fill a vacancy on the Museum Commission which expires June 30, 2016. Due to the appointment of Mr. Swinney to the Recreation and Parks Commission, seeing no other applicants, Carlos Reza, Jr. was nominated for the Arcadia Museum Commission. Seeing no other nominations, City Council Members voted as follows: Mayor Kovacic— Carlos Reza, Jr. Mayor Pro Tern Chandler— Carlos Reza, Jr. Council Member Beck— Carlos Reza, Jr. Council Member Tay— Carlos Reza, Jr. Council Member Segal — Carlos Reza, Jr. By unanimous vote of the City Council, Carlos Reza, Jr. was appointed to the Museum Commission to fill an unexpired term which expires June 30, 2016. 2. PUBLIC HEARING a. Modifications of a prior design review approval by the City Council for a new one- story residence at 29 E. Orange Grove Avenue with an oak tree encroachment permit and front yard setback modifications. Recommended Action: Approve the Project and find that the Project is Exempt from the California Environmental Quality Act Assistant City Manager Kruckeberg presented the staff report. Mayor Kovacic opened the public hearing. George Voight, developer of the project, appeared and indicated that he felt the home was compatible with the neighborhood. Mike McKay, an Arcadia resident, appeared and indicated that a year ago he supported the project and still supports the project; he indicated that he felt the home fits well in the neighborhood, and would like to see the project move forward. A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Segal, and seeing no further objections, Mayor Kovacic declared the public hearing closed. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on a roll call vote to approve Design Review No. HOA 14-05, Modification No. MP 14-21, and Oak Tree Encroachment No. THE 14-65, incorporating the design changes approved through the Settlement Agreement approved on October 6, 2015, and find that the Project is exempt from the California Environmental Quality Act. AYES: Council Member Chandler, Tay, Beck, Segal, and Kovacic NOES: None Page 3 of 8 11/17/2015 b. Modifications of a prior design review approval by the City Council for a new one- story residence at 1600 Highland Oaks Drive with an oak tree encroachment permit. Recommended Action: Approve the Project and find that the Project is Exempt from the California Environmental Quality Act. Assistant City Manager Kruckeberg presented the staff report. Mayor Kovacic opened the public hearing. Todd Bowden, representing the Developer, appeared to answer any questions the City Council may have. No questions were asked by the City Council. A motion to close the public hearing was made by Council Member Segal, seconded by Mayor Pro Tem Chandler, and seeing no further objections, Mayor Kovacic declared the public hearing closed. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on a roll call vote to approve Design Review No. HOA 14-07, and Oak Tree Encroachment No. THE 14-77, incorporating the design changes approved through the Settlement Agreement approved on October 6, 2015, and find that the Project is exempt from the California Environmental Quality Act. AYES: Council Member Chandler, Tay, Beck, Segal, and Kovacic NOES: None PUBLIC COMMENTS Shelly Polifka, representing the Arcadia City Employees Association, appeared and spoke about the impacts on City services to the residents if the repeal of the City's Utility Users Tax is approved by the voters in April 2016, and urged the residents to be informed. Beth Stogner, representing the Arcadia City Employees Association, also appeared and spoke about the impacts on City services to the residents if the repeal of the City's Utility Users Tax is approved by the voters in April 2016, and urged the voters to give this matter consideration. Gary Yamada, an Arcadia resident, appeared to speak about the zoning code update and real estate market values; he spoke about the special edition newsletter that was sent out to all residents, and the valuable information regarding floor area ratio and property values it contained; he thanked Mr. Lazzaretto and Mr. Kruckeberg for putting the information together and encouraged all residents to look at all the issues. Linda Semain, a member of the Santa Anita Oaks Homeowner Association and Architectural Review Board, appeared and spoke about empty houses and the unsafe atmosphere it creates; she also spoke about the number of cars parked in the driveways and rooms that are being rented out, and that these matters should be considered as part of the zoning code update, and wished the City Council a Happy Thanksgiving. Dom Tallerico, an Arcadia resident and one of the proponents of the Repeal of the City's Utility Users Tax measure, appeared and spoke about the challenge given to him at the last City Council meeting to find a city in the San Gabriel Valley that reduced its budget by 12.5% and did Page 4 of 8 11/17/2015 not cut City services. He indicated that he could not locate any information, but that he did find statistics on utility users tax issues placed on ballots in California; he noted some of the statistics that he located on www.ballotpedia.orq/california utility user taxes; and asked the City Council if there is any one service in the present City budget that can be eliminated, and if not is the City's conclusion that every City service is equally valid and desirable; he spoke about economic growth; and asked the City Council how the $10.00 cost to every resident was calculated; and wished the City Council a Happy Thanksgiving. Gail Marshall, former Mayor, appeared and indicated that when she was on the City Council, she received complaints from residents regarding Dial-a-Ride (Arcadia Transit); she noted that she contacted several surrounding cities, and that Arcadia is the only City that does not have an identification card system in place for its passengers; she indicated that Arcadia Transit was originally intended to service the seniors and the disabled, and that it was not meant to be school bus; she commented on the fees being charged by other cities versus Arcadia; and would like to see Arcadia transit get back on track and be used for what it was originally intended for, seniors and the disabled. Lawrence C. Papp, an Arcadia resident and one of the proponents of the Repeal of the City's Utility Users Tax measure, appeared and complimented Mr. Stewart Reeves who spoke at the November 3, 2015, City Council meeting about the decrease in the number of City employees since 2006; and noted the family income in Arcadia decreased since 2014. Brett Mitulski, an Arcadia resident, appeared and spoke about the zoning code update and historical preservation meetings; he questioned transparency, and hoped that the zoning code committee is not being stacked to benefit developers and realtors, and requested that the results of those studies be released to the public; he spoke about the different styles of homes being designed and compromises to better ensure compatibility with existing homes; and urged Council Member Tay to support the placement of a moratorium on homes built before 1940. Chester Tseng, an Arcadia resident, appeared and presented a handout to the City Council and questioned what the positive and negative impact to the City would be if the proposed zoning code measure is passed by the voters; he explained the data he provided to the City Council regarding the average selling price of homes in Arcadia; and indicated if the zoning code measure passes, it would be a disaster to the City; and requested information on the impact to the City if the measure is passed. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense[AB 1234j) Mayor Pro Tern Chandler indicated that he received a letter, which he shared with the City Council regarding the proposed zoning code measure; he stated that the proposed zoning code measure is not on the April 2016 ballot as of now; and referenced an article in the Arcadia Weekly dated November 12 — November 18 entitled "real estate pros weigh in on Arcadia home size debate" which provides information. Council Member Segal had no comments. Council Member Tay spoke about a flyer he received in the mail from Save the Arcadia Highlands accusing him of receiving campaign contributions from developers, which he indicated is false; he commented that the proposed ballot measure will create non-conforming houses and urged everyone to call their insurance agents regarding this issue. Page 5 of 8 11/17/2015 At the request of Council Member Tay, Assistant City Manager Kruckeberg explained the non- conformities and height issues addressed in the potential zoning code measure. Council Member Beck congratulated Dr. Forsee for his award, and the Arcadia Welfare and Thrift Shop for their service to the community; he spoke about the community meeting at Foothills Middle School, and the ribbon cutting for the street fair and encouraged everyone to attend; he announced that he attended the Arcadia Chinese Association Dinner; he responded to Linda Semain that he shares her concerns about empty houses, and the numbers of cars parked in driveways; he indicated that had a conversation with Gail Marshall regarding Arcadia Transit and noted that those issues will be addressed; he asked for the support of two other Council Members for a study session to add additional trees to the protected list, Mayor Kovacic and Council Member Segal concurred. Assistant City Manager Kruckeberg commented on the two community meetings which were well attended; and that the zoning code committee has been formed and the first meeting is scheduled for mid-December. Mayor Kovacic announced the Arcadia Festival of Bands on Saturday, December 5 and the various events scheduled for that day; he spoke about the proposed ballot measure relating to the zoning code, and indicated that the ballot measure and zoning code update are two separate issues, and indicated that there is no zoning code ballot measure as of now; and wished his mother Florence Kovacic a Happy 93rd birthday. 3. CONSENT CALENDAR a. Special and Regular Meeting Minutes of October 20, 2015. Recommended Action: Approve b. Ordinance No. 2329 amending Section 4280 of Part 8, Chapter 2 of Article IV of the Arcadia Municipal Code regarding Library Rules and Enforcement. Recommended Action: Adopt c. Extension to the contract with Siemens Industry, Inc. for extraordinary repairs of traffic signals in the amount of$44,959.17. Recommended Action: Approve d. Accept all work performed by Ferreira Construction Co. Inc., DBA Ferreira Coastal Construction Co. for the Fiber Optics protect as complete. Recommended Action: Accept e. Professional Services Agreement with Rak Development Inc., DBA Kreuzer Consulting Group for Engineering Design Services for the Duarte Road rehabilitation project in the amount of$91,740. Recommended Action: Approve f. Final Map No. 72783 for a six-unit residential condominium subdivision at 799- 803 Arcadia Avenue. Recommended Action: Approve Page 6 of 8 11/17/2015 g. Professional Services Agreement with G4S Secure Solutions, Inc. for temporary community affairs liaison services, in an amount not to exceed $40,000. Recommended Action: Approve h. Reschedule the Public Hearing to establish water & sewer rates to the January 19, 2016, regular City Council meeting. Recommended Action: Approve Final Map No. 72894 for a 17-unit residential condominium subdivision at 135- 139 W. Live Oak Avenue. Recommended Action: Approve j. Resolution No. 7096 accepting a dedication of easement for sidewalk/public use purposes as part of parcel map 73006 for 5733 South Baldwin Avenue. Recommended Action: Adopt k. Amendment to the Professional Services Agreement with IBI Group for the implementation of service changes for Arcadia Transit in the amount of$34,511. Recommended Action: Approve It was moved by Council Member Tay, seconded by Council Member Segal, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.k. AYES: Council Member Tay, Segal, Beck, Chandler, and Kovacic NOES: None 4. CITY MANAGER a. Resolution No. 7097 approving a Seventh Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. Recommended Action: Adopt City Attorney Deitsch presented the staff report. Bill Grigg, Chief Financial Officer of Methodist Hospital of Southern California, appeared in order to answer any questions the City Council may have. No questions were asked by the City Council. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7097 approving a Seventh Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. AYES: Council Member Chandler, Tay, Beck, Segal, and Kovacic NOES: None b. Purchase of 3,000 acre-feet of imported replacement water from the main San Gabriel Basin Watermaster for a total cost of$2,019,000. Recommended Action: Approve Public Works Services Director Tait presented the staff report. Page 7 of 8 11/17/2015 It was moved by Mayor Pro Tern Chandler, seconded by Council Member Segal, and carried on roll call vote to purchase of 3,000 acre-feet of imported replacement water from the main San Gabriel Basin Watermaster for a total cost of$2,019,000. AYES: Council Member Chandler, Segal, Beck, Tay, and Kovacic NOES: None c. Presentation of the Police Department's Annual Crime Statistics Update. Recommended Action: Receive and File Police Chief Guthrie provided an overview of the Police Department's Annual Crime Statistics update. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Segal, and carried on roll call vote to receive and file the Police Department's Annual Crime Statistics Update. AYES: Council Member Chandler, Segal, Beck, Tay, and Kovacic NOES:None d. Cancellation of the January 5, 2016, Regular City Council meeting. Recommended Action: Approve Assistant City Manager Kruckeberg presented the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Beck, and carried on roll call vote to cancel the January 5, 2016, Regular City Council meeting. AYES: Council Member Chandler, Beck, Segal, Tay, and Kovacic NOES: None ADJOURNMENT The City Council adjourned this meeting in memory of all victims of terrorism including the 129 individuals killed and hundreds injured in Paris last Friday, and Nohemi Gonzalez, a student at Cal State Long Beach and a 2010 graduate of Whittier High School at 9:34 p.m. to Tuesday, December 1, 2015, at 7:00 p.m. in the City Council Chamber. • abler �. ay. •f the ty of Arcadia ATTEST: L/t ILAL Aa Chief 1:•uty City Clerk/ Recor•: Manager Page 8 of 8 11/17/2015