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HomeMy WebLinkAbout09/20/2016 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 20, 2016 CALL TO ORDER— Mayor Beck called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None PUBLIC COMMENTS - No one appeared. STUDY SESSION a. Report, discussion and direction concerning the Zoning Code Update Project. Assistant City Manager/Development Services Director Kruckeberg and Planning Services Manager Flores presented a PowerPoint presentation regarding the Zoning Code Update project; Laura Stetson and Genevieve Sharrow from MIG, Inc. were also present to answer questions regarding the Zoning Code Update process; no formal action was taken; however, the City Council provided direction on several key issues. In the near future there will be an advertised public meeting regarding the proposed adoption. Mayor Beck stated that he would like to see regulations regarding home sharing (Airbnb's) and the vacant home registry discussed separate from the Zoning Code Update and brought back for separate discussion at a future study session. The City Council concurred. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1)to confer with legal counsel regarding the matter of Saving Arcadia Coalition v. City of Arcadia; Real Parties in Interest: Philip Chan; Jian Guo Wang; WC Investment, LLC; Los Angeles Superior Court Central District Case No.: BS164481 (Council Member Verlato voluntarily recused herself from this item and left the room during this discussion). b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation —one (1) case. No reportable action was taken on these closed session items. 1 09-20-2016 Due to time constraints, this portion of the meeting was recessed and reconvened at the end of the City Council Meeting in the Council Chambers. c. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Lazzaretto, Assistant City Manager/Development Services Director Kruckeberg, and Administrative Services Director Quach Employee Organization: Arcadia Firefighters' Association No reportable action was taken on this closed session item. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER— Mayor Beck called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Jolene-Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE— Mary Hansen, an Arcadia resident ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None REPORT FROM CITY ATTORNEY REGARDING STUDY/CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Study Session to receive a report from staff regarding the Zoning Code Update Project; he announced that no formal action was taken, but that in the near future there will be an advertised public meeting regarding the proposed adoption. City Attorney Deitsch furthered announced that the City Council met in a Closed Session to consider Closed Session items (a) and (b) on the posted agenda under Closed Session; that Closed Session item (a)was not completed and item (c)was not yet considered; that both items (a) and (c)will be further considered after the open meeting when the City Council recesses to a continued Closed Session after the regular meeting; no reportable action was taken on item (b), and no reportable is anticipated for items (a) and (c). SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated that there was a page missing from the staff report regarding Public Hearing item 1.a (2119 Holly Avenue), which was distributed to the City Council prior to the meeting; and that Consent Calendar item 2.a, regarding the Library Elevator Upgrade Project was pulled from the agenda and moved to the next regular meeting. City Manager Lazaretto introduced Linda Rodriguez, Records/Legal Technician in the City Clerk's office who is attending the City Council meeting for cross-training. 2 09-20-2016 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. PRESENTATIONS a. Presentation from the Arcadia Police Foundation for the Arcadia Police Department Service Dog (K-9) Program. b. Presentation by Julie Bank, Pasadena Humane Society President & CEO regarding pet adoptions. c. Administer the Oath of Office to the newly appointed Arcadia Beautiful Commission Member. 1. PUBLIC HEARING For the record, Mayor Pro Tern Amundson announced that regarding Public Hearing Item 1.a, his sister previously owned and sold the property at 2119 Holly Avenue, and that he had no financial interest in the property; and stated that he spoke with the City Attorney who advised that he had no conflict of interest. a. Call up of the Planning Commission approval of Modification No. MP 16-03 and Single-Family Architectural Design Review No. SFADR 16-11 with a categorical exemption under the California Environmental Quality Act ("CEQA")for from yard setbacks of 25'-0" for the first floor and 36'-6" for the second floor in lieu of the 41'-0" requirement for a new 4,691 square foot, prairie style, two-story residence at 2119 Holly Avenue. Recommended Action: Uphold Planning Commission Decision Community Development Administrator Kasama presented the staff report. Mayor Beck opened the public hearing. David Arvizu, an Arcadia resident and President of Saving Arcadia, appeared and expressed his concerns regarding the mass and scale of the property; he referenced a letter from Planning Commissioner Brad Thompson of MIG, Inc., which he feels should be given heavy consideration; and also that the City should consider an update to the City's floor area ratio (FAR) regulations. Brent Mitulski, an Arcadia resident, appeared and also expressed his concerns regarding the mass and scale of the property; and urged the City Council to deny approval of the project. Vincent Soy, of Space Light Structure Design (the Applicant), appeared and indicated that they have worked on this project for more than one year and have complied with all the requirements staff has presented. Mr. Soy responded to various questions raised by the City Council. 3 09-20-2016 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. It was moved by Council Member Chandler, seconded by Council Member Tay, to uphold the Planning Commission decision for approval of Modification No. MP 16-03 and Single-Family Architectural Design Review No. SFADR 16-11 for front yard'setback of 25'-0" for the first floor and 36'-6" for the second floor in lieu of the 41'-0" requirement for a new 4,691 square foot, prairie-style, two-story residence at 2119 Holly Avenue, subject to the conditions listed in the staff report. AYES: Chandler, and Tay NOES: Verlato, Amundson, and Beck ABSENT: None The motion failed. It was moved by Council Member Verlato, seconded by Mayor Pro Tern Amundson, and carried on roll call vote to overturn the Planning Commission decision for approval of Modification No. MP 16-03 and Single-Family Architectural Design Review No. SFADR 16-11 for front yard setback of 25'-0" for the first floor and 36'-6" for the second floor in lieu of the 41'-0" requirement for a new 4,691 square foot, prairie-style, two-story residence at 2119 Holly Avenue, and deny approval. AYES: Verlato, Amundson, and Beck NOES: Chandler, and Tay ABSENT: None b. Ordinance No. 2340 amending Sections 9220.45.1.3 and 9213 of the Arcadia Municipal Code to regulate the personal, medical, and commercial use of marijuana. Recommended Action: Introduce City Manager Lazzaretto and City Attorney Deitsch presented the staff report. Mayor Beck opened the public hearing. Afif Kaddouura, an Arcadia resident, appeared and expressed his support of marijuana for medical purposes, and urged the City Council to allow marijuana dispensaries in the City. A motion to close the public hearing was made by Council Member Tay, seconded by Council Member Chandler, and seeing no further objection, Mayor Beck declared the public hearing closed. It was moved by Mayor Beck, seconded by Council Member Chandler, and carried on roll call vote to make the four findings listed in the staff report, and introduce Ordinance No. 2340 amending Sections 9220.45.1.3 and 9213 of the Arcadia Municipal Code to regulate the personal, medical, and commercial use of marijuana. 4 09-20-2016 AYES: Beck, Chandler, Tay, Verlato, and Amundson NOES: None ABSENT: None PUBLIC COMMENTS On behalf of Kirk Olsen, an Arcadia resident, who left the meeting prior to the public comment period, David Arvizu presented a letter for distribution to the City Council. Brent Mitulski, an Arcadia resident, appeared to set the record straight regarding the math on the square footage of the house located at 2119 Holly Avenue (Public Hearing item 1.a); he confirmed that he is an Arcadia resident; and spoke about mutual respect between City Council Members and the public regarding differences of opinions. David Arvizu, an Arcadia resident and President of Saving Arcadia, appeared and responded to comments made by Council Member Tay regarding following the law, and stated that the law has not changed; he responded to Council Member Chandler that residents of Fifth Avenue approached Saving Arcadia and asked for their help regarding the mass and scale of the property, and explained the reasons for the appeal. Shawn Jackson, a resident of Arcadia, appeared and expressed her concerns regarding the replacement of the turf on the City Hall soccer field; she indicated that she heard the material causes cancer; and asked what the City Council is doing. In response to Ms. Jackson's concerns, City Manager Lazzaretto explained the reasons for the replacement of the turf; he further explained that there currently are no studies that indicate that the turf is harmful, but did indicate that the City will continue to monitor the issue and if necessary, take appropriate action. Gail Marshall, an Arcadia resident, appeared and also expressed her concerns regarding the harm the replacement of the turf on the soccer field can cause; she did confirm that there currently is no proof that crumb rubber causes cancer because the studies have not been completed; and again urged the City Council to reconsider their decision and replace the turf with natural grass. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense jAB 12341) Council Member Tay responded to comments directed to him by Mr. Arvizu regarding the changing of rules; he reminded the public that the City is giving away coyote whistles; he indicated that he attended an educational tour of the State Water Project, the Sacramento-San Joaquin Delta and provided water statistics on toilet flushing, and recommended using water efficient toilets to conserve water; he provided information on the real estate market in Arcadia; he noted that there are more back door burglaries than front door burglaries and asked Police Chief Guthrie to comment on the matter, including the impacts to the community of Proposition 57. In response to Council Member Tay's request, Police Chief Guthrie indicated that he did not have any data available, but concluded that the vast majority of burglaries are back door, especially sliding glass door burglaries; he explained Proposition 57, and what a yes and no vote does regarding sentencing, repeat offenders, and enhancements. 5 09-20-2016 Council Member Verlato thanked the speakers who attended and exercised their First Amendment rights; and stated that just like the public coming forward and speaking their mind, the City Council has the same right; she announced that on September 23, the Downtown Improvement Association is having a Pokeman Go Lure Fest, and provided information on the different activities scheduled for that event; that the Taste of Arcadia is on September 26; that on September 24 the Arcadia Education Foundation will hold its Bright Night fundraiser; she announced the community meeting on October 13 at the Public Library'regarding the Arcadia Historic Resources survey and urged the public to attend; and she provided a brief summary of actions taken by the Planning Commission at their last meeting. Council Member Chandler addressed comments made by Brent Mitulski regarding the square footage of the house at 2119 Holly Avenue, and indicated that the numbers regarding the square footage of the property were provided in the staff report. Mayor Pro Tem Amundson indicated that he shares the same concerns as Ms. Marshall regarding the issues surrounding the artificial turf; he responded to Council Member Tay's comments regarding neighbors losing their privacy, and stated that it is not based on the nationality or race of the property owner, but rather the size of the house; he thanked Chief Guthrie for his summary of Proposition 57; he provided statistics on vehicle fatalities caused by the use of marijuana, and shared his concerns; he announced September 17 was Constitution Day and was thankful there is a written document that guarantees our freedom; he announced that the Library will be handing out library cards at the Taste of Arcadia and noted that the Arcadia Library was the recipient of the Beacon Media Gold Award; he also announced that the City was recently notified that it is a finalist for the most business friendly City by the L.A. County Economic Development Corporation; he noted that there are great things happening in Arcadia; he announced the Downtown area is getting an electric vehicle charging station; he noted some of the types of complaints he is receiving from residents; and that he hopes "Kizzy" (the dog brought by the Pasadena Humane Society for adoption)finds a home. In response to Mayor Pro Tem Amundson's comments regarding the different types of complaints he receives from residents, City Manager Lazzaretto indicated that residents should contact Code Enforcement and provided the telephone number. City Clerk Glasco reminded residents that the Volunteers in Patrol Services (VIPS) through the Police Department provides vacation checks when residents are on vacation. Council Member Tay announced that tomorrow morning (Wednesday) the Elks Lodge is hosting "Coffee with a Cop" and a free breakfast will be provided to those who attend. Mayor Beck announced that he received a letter from L.A. County seeking individuals to serve on the Grand Jury for a one year period; he thanked the Friends of the Arcadia Public Library for their $12,000 donation for library services and program, and also the Arcadia Police Foundation for their $20,000 donation for the Arcadia Police Department Service Dog (K-9) Program; he announced the Pasadena Humane Society Wiggle Waggle event on Saturday; he also announced that he will be attending the Taste of Arcadia and the Arcadia Education Foundation Bright Night fundraiser; and that, for the next three weekends, the Forest Service will be providing shuttle services from the Gold Line Station to Chantry Flats; and announced that if anyone in the public would like to see more pets brought to City Council meetings for possible adoption, or if not, let him know. 6 09-20-2016 2. CONSENT CALENDAR Mayor Beck announced that at the request of City Manager Lazzaretto, Consent Calendar item 2a is continued to the next regular meeting. a. Accept all work performed by Pacific Coast Elevator Company (DBA Amtech Elevator Services)for the Library Elevator Upgrade Project as complete. Recommended Action: Approve b. Purchase Order with Falcon Fuels Inc. for the purchase and delivery of fuel for the City's Fleet in an amount not to exceed $350,000. Recommended Action: Approve c. Donation from the Friends of the Arcadia Public Library in the amount of$12,000 for additional programs and services at the Library. Recommended Action: Accept d. Donation from the Arcadia Police Foundation in the amount of $2. 0,000 for the - Arcadia Police Department Police Service Doc (K-9) Program. _= Recommended Action: Accept e. Donation from the Arcadia Rotary Foundation in the amount of $1,830 for the Peacock Fountain restoration. Recommended Action: Accept It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 2.b through 2.e. AYES: Tay, Chandler, Verlato, Amundson, and Beck NOES: None ABSENT: None Mayor Beck recessed the City Council meeting to Closed Session in the Council Conference Room. 7 09-20-2016 ADJOURNMENT Mayor Beck adjourned this meeting at 10:35 p.m. to Tuesday, October 4, 2016, at 6:00 p.m. in the City Council Chamber Conference Room. Mayor of the of Arcadia ATTEST: 1,./ -Chi g•eputyCity Clerk/ Rec•rds Manager • 8 09-20-2016