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HomeMy WebLinkAbout07/05/2016 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JULY 5, 2016 CALL TO ORDER— Mayor Beck called the meeting to order at 7:00 p.m. INVOCATION - Reverend Thomas Shriver, Emmanuel Assembly of God and Arcadia Police Department Chaplain PLEDGE OF ALLEGIANCE — Jason Kruckeberg, Assistant City Manager/Development Services Director ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Chandler, Tay, Verlato, Amundson, and Beck ABSENT: None REPORT FROM CITY ATTORNEY REGARDING STUDY/ CLOSED SESSION ITEM City Attorney Deitsch reported that the City Council met in a Study Session to hear a report, discuss, and provide direction concerning the Downtown Arcadia Development Project generally proposed for 1.47 acres of City owned property on the northerly side of Huntington Drive and adjacent to an alleyway parallel to Huntington Drive to the north of Huntington Drive which is currently used for public parking and has about 229 parking spaces; and announced that on motion by Council Member Chandler, seconded by Mayor Pro Tern Amundson, by a 4-0 vote, the City Council (Council Member Verlato recused herself) voted to take all actions required by law to make available city-owned property to entities that the law prescribes be offered an opportunity to acquire the property and thereafter to negotiate and bring back to the City Council, as permitted by law, and to the extent permitted by law, a proposed exclusive negotiation agreement with MJW, Investments, LLC, and that such negotiation exclusive agreements have a term of 18 months. City Attorney Deitsch further reported that prior to discussion and in open session, Council Member Verlato recused herself from participating in discussion because she has a conflict of interest because she and her husband own property within 500 feet of the subject property. City Attorney Deitsch also reported that the City Council met in a Closed Session to consider the one item listed on the posted agenda under Closed Session; no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated there was no supplemental agenda information. 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. 1 07-05-2016 PRESENTATIONS a. Presentation to outgoing Board and Commission Members. b. Administer the Oath of Office to newly-appointed Board and Commission Members. c. Presentation of Mayor's Certificate of Commendation to the Arcadia High School Advanced Theatre students for winning the 1st Place Sweepstakes Award at the DTASC Shakespeare Competition. 1. APPOINTMENTS a. Appointments to the Arcadia Museum Commission and Youth Advisory Council. (Continued from the June 21, 2016 meeting) Recommended Action: Make Appointments Mayor Beck called for nominations and appointments. Arcadia Museum Commission (1) Position Council Member Chandler nominated Carlos Reza. Seeing no other nominations, it was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to appoint Carlos Reza to the Arcadia Museum Commission for an additional four (4) year term ending June 30, 2020. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None Youth Advisory Council - 3 Middle School Appointments Dana Middle School Appointment: It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to appoint Ashley Yeung, from Dana Middle School to the Arcadia Youth Advisory Council for a two year term ending June 30, 2018. AYES: Tay, Chandler, Verlato, Amundson, and Beck NOES: None Foothills Middle School Appointment: Mayor Beck nominated Claire Senft from Foothills Middle School. After discussion by the City Council, it was the consensus that Claire Senft, from Foothills Middle School be appointed to the Arcadia Youth Advisory Council for a two year term ending June 30, 2018. 2 07-05-2016 First Avenue Middle School Appointment: After discussion by the City Council, it was the consensus of the City Council that Ella Yee, from First Avenue Middle School be appointed to the Arcadia Youth Advisory Council for a two year term ending June 30, 2018. Youth Advisory Council Commission -4 High School appointments Mayor Beck nominated Natalie Chen, Sean Lee, Nicholas Marshall, and Pearl Yang. • Council Member Tay nominated Daisy Lau, Benjamin Liu, Jillian Moore, and Rachel Yin. Council Member Verlato nominated Benjamin Liu and Natalie Chen. Mayor Pro Tern Amundson nominated Sean Lee and Trenton Hisey. Council Member Chandler nominated Jillian Moore and Daisy Lau. After discussion by the City Council, it was moved by Council Member Chandler, seconded by Council Member Tay, that staff interview Daisy Lau, Benjamin Liu, Jillian Moore, Natalie Chen, and Sean Lee and bring back for recommendation and appointments at a future date. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None 2. PUBLIC HEARING a. Call up of Planning Commission approval of Modification No. MP 16-01 and Oak Tree Encroachment Permit No. THE 16-03 with a Class 5 categorical exemption under the California Environmental Quality Act (CEQA) for a new 12,490 square- foot, two-story residence at 901 Fallen Leaf Road. Recommended Action: Uphold Planning Commission Approval City Manager Lazzaretto introduced the item, and announced that Council Member Verlato called this matter up for further review by the City Council. Council Member Verlato explained that this item was heard by the Planning Commission; she called this item up for clarification to see what the City Council is looking for in modifications, and what is the process, and whether this was a project that should have been granted modifications for side yard setbacks. Community Development Administrator Kasama and Assistant Planner Chamberlin provided the staff report. Mayor Beck opened the public hearing Tim Barber, the project Architect, appeared and explained that this is a family dream home; he addressed the 19 trees questioned by the City Council, and indicated that the new trees will give the neighbors privacy; he explained the modifications, he noted that he appreciates the project but the project began over a year ago, obtained all necessary approvals, including the Upper Rancho Architectural Review Board and Planning Commission, and throughout the process no 3 07-05-2016 neighbors have complained; and asked that the City Council approve the project and trust the process. In response to questions raised by Mayor Beck, Brad Koehler from the Upper Rancho Architectural Review Board responded that the number of vacant homes noted by Mr. Barber sounds about right; he explained that the average home size (with no basement) is about 12,000 square feet; and regarding the western frontage and the tree issue, and explained what they are doing to reduce the mass, and the 14-16 foot hedge that will be planted. David Arvizu, representing Saving Arcadia, appeared and expressed his concerns regarding the modifications and restrictions; and requested the 100 foot notification area be expanded; he indicated that the size of the home is excessive. Gino Panko, an Arcadia resident who lives north of the project, appeared and requested the City Council approve the project; he noted that it is different but feels that it is a beautiful design and the homeowners have waited a long time. Yassie Holliday, homeowner of the project, appeared and indicated that they have done their due diligence; she indicated that this is their dream home; and requested the City Council approve the project. In response to Mayor Beck's inquiry, Mrs. Holliday responded that they are willing to plant more trees on the south side of the property to soften the look. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared the public hearing closed. Council Member Verlato explained her concerns regarding the modifications and setbacks process. Council Member Chandler indicated that if this becomes a habit where a Council Member calls- up a Planning Commission decision, that he recommends that three Council Members approve it. It was moved by Council Member Chandler, seconded by Council Member Tay, to uphold the Planning Commission's approval of Modification No. MP 16-01 and Oak Tree Encroachment Permit No. THE 16-03 with a Class 5 categorical exemption under the California Environmental Quality Act ("CEQA") for a new 12,490 square-foot, two-story residence at 901 Fallen Leaf Road. The motion failed on the following roll call vote: AYES: Chandler and Tay NOES: Verlato, Amundson, and Beck ABSENT: None It was further moved by Council Member Verlato, seconded by Mayor Beck, and carried on roll call vote that the modifications for the side yard setbacks for the first story be 20 feet, and the second story at 45 feet on both sides; that, the house be redesigned accordingly and that conditions be imposed either the same or similar; that design review be referred back to the Architectural Review Board; and that six (6), 48 inch box oak or sycamore trees be planted on the south side of the property to soften the look. 4 07-05-2016 AYES: Verlato, Beck, and Amundson NOES: Chandler and Tay ABSENT: None PUBLIC COMMENTS Mary Rovarino, an Arcadia resident, appeared and complained about new construction right next door to her; she indicated that she was not notified of the new construction; she complained about the dirt in and around her property due to the construction; she indicated that recently they were blowing the second story of the property onto her property; that this morning workers were blowing the dirt onto their property; she called the City and really got no help; she call OSHA and they informed her of alternatives to blowing the roof off; and asked the City Council to help with restrictions or alternatives because of health hazards to the residents. City Manager Lazzaretto and Assistant City Manager/Development Services Director Kruckeberg will look into the matter. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense(AB 12341) Mayor Pro Tern Amundson announced the starting up of the windmill at Denny's and thanked Mr. Fasching for all his work; he commented on the success of the Patriotic Festival and thanked the Arcadia Improvement Association, Council Member Verlato and Matt McSweeney for their contributions for making the event a huge success; he announced the Concerts in the Park on Thursday; and concluded by reading an excerpt from the Declaration of Independence and noted it is one of the oldest documents in the world; he spoke about the U.S. Constitution, the rights of the people, the Bill of Rights and Freedom of Speech, and expressed concerns about those rights being eroded. - Council Member Chandler talked about the FAR (Floor Area Ratio regulations) and the reduction of the size of homes and urged residents to stay informed. Council Member Tay indicated that NextDoor.com had a survey of the Police Department and 90% residents had positive input which he was happy to see; he announced that recently he attended the Independent Cities Association conference and one of the topics was AirBnB's, and proposed initiatives by the Governor regarding AB 109 and Proposition 47; and announced he attended Fire Chief Norwood's retirement and congratulated new Fire Chief Michael Lang; he attended the Patriotic Festival and congratulated Mayor Pro Tern Amundson on a job well done; and announced the Concert in the Park on Thursday and Movie in the Park on Friday and urged residents to attend. Council Member Verlato announced that she also attended the restarting of the Denny's windmill, and congratulated former Mayor Fasching on all his work and thanked Denny's for everything they did to make it happen; she commented on the Patriotic Festival and thanked all the sponsors including City staff, the Arcadia Police Department, and all the food vendors; and announced that she participated in the Sierra Madre Fourth of July parade along with Mayor Beck and thanked the Fire Department for the ride; and commented on her call-up of the Planning Commission public hearing item and indicated that she feels the Zoning Code needs to be reviewed and that basements need to be reviewed because developers are going to be using that as a tool, which concerns her. 5 07-05-16 City Clerk Glasco announced that he also attended the start-up of the windmill at Denny's; and provided information about reporting dead animals; and commented on the success of the Patriotic Festival. Mayor Beck commented on how great the spinning of the windmill at Denny's looks, and thanked Mr. Fasching for all the work he did to make it happen; he stated that it cost Denny's about $100,000 to get the windmill working, that it did not cost the City anything; he noted how lucky we are to be born in America and thanked Mayor Pro Tem Amundson for his comments; he announced that he attended Sierra Madre's Fourth of July parade; and commented on City Manager agenda item regarding changing the days of watering. Council Member Verlato stepped out of the meeting at 10:04 p.m. 3. CONSENT CALENDAR a. Accept all work performed by Vincor Construction, Inc. for the Public Works Services Center Restroom Tile Project as complete. Recommended Action: Approve b. Accept all work performed by Vincor Construction, Inc. for the removal of underground unleaded and diesel fuel tanks at Fire Station 106 as complete. Recommended Action: Approve c. Extension to the Contract with General Pump Company, Inc. for unscheduled maintenance and emergency repair of City wells and pumps in the amount of $79,000. Recommended Action: Approve d. Purchase Order with Sungard Pentamation for financial system software maintenance in the amount of$36,255. 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 3.a through 3.d. AYES: Tay, Chandler, Amundson, and Beck NOES: None ABSENT: Verlato Council Member Verlato returned to the meeting at 10:06 p.m. 4. CITY MANAGER a. Resolution No. 7138 repealing Resolution No. 7088 concerning outdoor irrigation and prohibited water uses and adopting new restrictions on outdoor irrigation and prohibited water uses. Recommended Action: Adopt Public Works Services Director Tait provided the staff report. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7138 repealing Resolution No. 7088 concerning outdoor 6 07-05-16 irrigation and prohibited water uses and adopting new restrictions on outdoor irrigation and prohibited water uses. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting at 10:11 p.m. to Tuesday, July 19, 2016, 6:00 p.m. in the City Council Conference Room. Mayor of the City Arcadia ATTEST: U l4J / C i' Deputy.City Clerk/ Records Manager 7 07-05-16