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HomeMy WebLinkAbout09/06/2016 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 6, 2016 CALL TO ORDER— Mayor Beck called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None PUBLIC COMMENTS Jim Helms, Joyce Platt, and Glynna Harper all appeared and spoke in support of renaming the Museum Education Center in honor of Floretta Lauber. STUDY SESSION a. Request for Commemorative Naming of a City Facility in Honor of Floretta K. Lauber (continued from the June 21, 2016, City Council meeting). Recommended Action: Provide Direction It was moved by Mayor Beck, seconded by Council Member Verlato, and carried on roll call vote to rename the Museum Education Center to the "Floretta K. Lauber Museum Education Center", and to direct staff to determine the design and placement of the signage. AYES: Beck, Verlato, Amundson, Chandler, and Tay NOES: None ABSENT: None 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 No reportable action was taken on the closed session item. The meeting adjourned at 6:54 p.m. 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 Julie Bryant, Church of the Transfiguration PLEDGE OF ALLEGIANCE— Ashley Yeung, Dana Middle School Student 1 09-06-2016 ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None Mayor Beck announced that the City Council met in a Study Session and unanimously approved the renaming of the Museum Education Center to the "Floretta K. Lauber Museum Education Center". REPORT FROM CITY ATTORNEY REGARDING STUDY/CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Closed Session to consider the one item listed on the posted agenda under Closed Session; and that no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated that prior to the City Council meeting, an email and phone call was received from the applicant on behalf of the property owner, regarding Public Hearing 2.a (920 S. Fifth Avenue), requesting an extension for the appeal hearing for four weeks. The reason given for the appeal request was because the property owner did not receive notification in time to prepare for the meeting. City Manager Lazzaretto noted that a copy of the email was distributed to the City Council for consideration when the item comes up on the agenda. In response to a question raised by Mayor Beck, City Manager Lazzaretto indicated that action will be needed by the City Council when the item comes up on the agenda; and that the public hearing should be opened, public comments should be heard, and then appropriate action to continue the public hearing should be taken. 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. Administer the Oath of Office to the newly appointed Youth Advisory Council. 1. APPOINTMENTS a. Appointment to the Arcadia Beautiful Commission. Recommended Action: Make Appointment Mayor Beck commented on the two applicants, and nominations were as follows: Mayor Beck: Burton Brink Council Member Verlato: Burton Brink Council Member Tay: Sheryl Hunter Mayor Pro Tern Amundson: Burton Brink Council Member Chandler: Sheryl Hunter 2 09-06-2016 By a majority of the City Council, Burton Brink was appointed to the Arcadia Beautiful Commission to fill an unexpired term ending June 30, 2017. 2. PUBLIC HEARING a. Appeal of the Planning Commission decision to deny Single-Family Architectural Design Review No. SFADR 15-88 for a proposed 6,090 square-foot, two-story, traditional style residence, with an attached 726 square-foot, three-car garage at 920 S. Fifth Avenue. Recommended Action: Deny Appeal and Uphold Planning Commission Decision City Manager Lazzaretto indicated that based on the email received by the applicant, it is recommended that the City Council open the public hearing, hear comments, and then continue the hearing to the October 4, 2016, City Council meeting. Mayor Beck opened the public hearing. Brett Mitulski, an Arcadia resident, appeared and spoke in support of the appeal of the project; he stated that he feels the home is too large for the street, he explained the reasons why it would not fit in the area; and commented on the City's General Plan regarding land use issues and its goals. Edith Wong, an Arcadia resident who lives next door to the project, appeared and also spoke in support of the appeal of the project; she indicated that the house is too big and is inconsistent with the neighborhood; she also submitted two letters from neighbors who could not attend the meeting, and who are both in support of the appeal of the project. David Arvizu, an Arcadia resident and President of "Saving Arcadia", appeared and requested the administrative record from January 20, 2015, City Council meeting, a hearing involving the Highlands Homeowner Association and the City of Arcadia be included in this official record, and also requested that the administrative record for the lawsuit filed by Save the Arcadia Highlands vs. City of Arcadia be included as well; he noted that the City claims that the project is exempt from having to conduct an environmental impact report; he explained the exceptions to the exemption when unusual circumstances are in place and should be considered, and explained his opinion of the guidelines for unusual circumstances; and indicated that he will also be addressing the item relating to 1101 S. Fifth Avenue. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote, that Public Hearing item 2.a be continued regarding 920 S. Fifth Avenue to the October 4, 2017, City Council meeting, at the request of the applicant. AYES: Chandler, Tay, Amundson, Verlato, and Beck NOES: None ABSENT: None At the request of Mayor Pro Tem Amundson, City Attorney Deitsch responded that public hearing continuances are within the discretion of the City Council to grant them or not. 3 09-06-2016 PUBLIC COMMENTS Gail Marshall, an Arcadia resident, appeared and asked City Clerk Glasco to read the names of young soccer players who have been diagnosed with cancer or have passed because they all played on artificial turf; she urged the City Council to reconsider their vote because of reports that the chrome rubber used for artificial turf causes cancer, and would like to see natural grass used; she indicated that she would like the City Council to wait until all the reports are in to make sure if the chrome rubber causes cancer or not; and urged the City Council to reconsider their vote and consider the use of natural grass. In response to Gail Marshall's comments, Mayor Beck explained the reason for replacing the artificial turf, and asked City Manager Lazzaretto to address Mrs. Marshall's concerns. City Manager Lazzaretto explained the purposes of the replacement of the soccer field; he indicated that the City is aware of the concerns raised by Mrs. Marshall; that City has reviewed case studies that are currently available, and there are currently no reports that support the conclusion that the use of chrome rubber causes cancer; he noted that the City will continue to monitor the issue and if any studies show that the use of chrome rubber is harmful, the City will take action, if necessary, but again noted that there are no scientific case studies that currently identify that there are any concerns. Chris Rasmussen, a representative of Environmental Rental Services, appeared and spoke about Consent Calendar item k, and urged the City Council not to approve the purchase of the sewer truck because it did not go out to competitive bid; he indicated that the City decided to purchase the truck off a cooperative purchasing program through the National Joint Powers Alliance ("NJPA"); he indicated that his firm was asked to provide a quote for a sewer truck and asked to quote two options that the other vendors through the NJPA were not asked; he expressed his concern about the transparency of the process ; he asked that he be asked to bid fairly on the sewer truck; he explained the process on the cooperative purchasing program; and urged the City Council not to approve the purchase the sewer and go out to competitive bid. Mayor Beck indicated that he will pull Consent Calendar item 3.k for separate discussion. 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 that September is emergency awareness month and urged everyone to keep their emergency contact information up to date, including emergency earthquake kits; he commented on changes in various legislation that affect California and local cities; he urged residents to vote wisely in the November election because there are several propositions on the ballot that can affect lives and the City Council's ability to serve the public. Council Member Chandler noted an editorial in the Star News that addressed the misuse of CEQA regarding single family homes; he explained the law was passed in 1970 and Governor Brown has been calling for action to clean up this law; he explained that if lawsuits continue, the cost of every home will skyrocket and construction could be brought to a halt. He also noted that very few people and even judges know CEQA law. 4 09-06-2016 Council Member Tay noted the propositions on the November ballot, and urged residents to be informed, and indicated that Police Chief Guthrie can explain Proposition 57 and the impact it will have on crime in the community; he spoke about the Zoning Code study and indicated that a lot of staff time was spent working on it, and explained its impact; and urged everyone to abide by the rules of the Zoning Code and it will make life easier for City staff. Council Member Verlato reminded everyone that the City conducted a citywide historic resources survey report which is on line; and noted that on October 13 a community outreach meeting regarding is scheduled; she reported that at the last Planning Commission meeting there was an application for a modification on Camino Real which was appealed by the property owners and will be heard by the City Council, and that the Planning Commission also reviewed and recommended approval of an ordinance regarding marijuana regulations; she spoke about the lack of parking spaces available at the Metro Station and how Metro promised plenty of parking and the structure has been open for about six months and the parking lot is full; and she indicated that she has spent plenty of time reviewing the General Plan, the Design Review Guidelines, Development Code and was on the Zoning Review Committee, and just wanted to remind everyone that she is on the City Council and her opinion matters. City Clerk Glasco announced the Gilb Museum of Arcadia Heritage has a temporary exhibit of photographs of the Arcadia World War I Balloon School open until September 17, and urged everyone to stop by. Mayor Beck thanked Jim Helms, Glynna Harper, and Joyce Platt for speaking in support of renaming the Museum Education Center in honor of Floretta Lauber; he announced the badge pinning ceremony of new Fire Chief Mike Lang; he echoed the comments by Council Member Verlato regarding the historic resources survey; and noted that at the next City Council meeting, the Pasadena Humane Society will bring a puppy for adoption. Mayor Beck announced that he will pull Consent Calendar items 3.k and 3.p, and abstain from Consent Calendar item 3.b. 3. CONSENT CALENDAR a. Special Meeting Minutes of August 1, 2016, Regular Meeting Minutes of August 2, 2016, and Regular Meeting Minutes of August 16, 2016. Recommended Action: Approve b. Ordinance No. 2339 making certain amendments to the text of the Arcadia Zoning Code; and amending the zoning designation of certain property within the City from "C-2 with Downtown Overlay" to "SP-AP," Arroyo Pacific Specific Plan, with respect to the Arroyo Pacific Academy School Campus at 325 North Santa Anita Avenue and 400 Rolyn Place. Recommended Action: Adopt c. Resolution No. 7145 rescinding Resolution No. 7136, confirming the amount of a special assessment, and ordering the recovery of penalties and costs assessed and imposed by the Arcadia City Council for violations of City codes occurring on the property at 226 E. Forest Avenue, Arcadia, California, A.P.N. 577-202-2019, and ordering the assessment be collected on the tax roll by the Los Angeles County Tax Collector as a special assessment in the amount of $48,931.99 to 5 09-06-2016 recoup costs and fees incurred in the prosecution of the People v. Corregidor Nuisance Abatement action. Recommended Action: Adopt d. Resolution No. 7146 declaring the City's intention to vacate portions of Hugo Reid Drive and Golden West Avenue, setting a public hearing relative thereto and approving a Categorical Exemption pursuant to the California Environmental Quality Act ("CEQA") for the Project Recommended Action: Adopt e. Accept all work performed by S&H Civilworks for the Fiscal Year 2015-16 Annual Concrete Repairs Project as complete. Recommended Action: Approve f. Donation from the Hakka Foundation in the amount of $2,000 to the Gilb Museum of Arcadia Heritage in memory of Floretta K. Lauber for programs, services, and materials for the Museum. Recommended Action: Accept g. Donation from the American Youth Soccer Organization ("AYSO") Region 2 in the amount of$35,000 for the Civic Center Soccer Field improvements. Recommended Action: Accept h. Donations from the Community in the amount of$850 in support of the Children's Summer Reading Program at the Library. Recommended Action: Accept Proposed grant award from the Office of Traffic Safety — Selective Traffic Enforcement Program in the amount of approximately $70,000 for reimbursement of costs related to various traffic enforcement operations. Recommended Action: Accept j. Purchase Order with Performance Truck Repair Inc. for fire apparatus service and repairs in the amount of$155,000. Recommended Action: Approve k. Purchase Order with Haaker Equipment Company for the purchase of one 2017 CNG Vactor sewer truck in the amount of$474,614.17. Recommended Action: Approve Contract with Vincor Construction, Inc. for the Live Oak Median Renovation Project in the amount of$29,428.18. Recommended Action: Approve m. Extension to the Professional Services Agreement with Sunwest Engineering Constructors, Inc. for the City's fleet fuel management and extraordinary repair services in the amount of$21,506.85. Recommended Action: Approve 6 09-06-2016 n. Professional Service Agreement with Advanced Traffic Solutions for updated Traffic Signal Timing, Signal Monitoring, and Email Notification Systems at various locations citywide in the amount of$140,700. Recommended Action: Approve o. Revised Statement of Policy Concerning City Council Protocol and Procedures. Recommended Action: Approve p. Municipal Right-of-Way Facilities Use Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless for use of City facilities for installation, operation and maintenance of equipment. Recommended Action: Approve Mayor Beck again announced that he will pull for separate discussion Consent Calendar 3.k and 3.p, and will abstain from Consent Calendar item 3.b. It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 3.a through 3.j and 3.1 through 3.o. AYES: Tay, Chandler, Amundson, Beck, and Verlato NOES: None ABSENT: None ABSTAIN: Mayor Beck (Consent Calendar Item 3.b) In response to Mayor Beck's questions regarding Consent Calendar Item 3.k, City Manager Lazzaretto reminded the City Council that Mr. Rasmussen's request was to continue the item and allow for competitive bidding; he explained some of the specifications for the truck; and asked Mr. Tait to provide additional information. Public Works Services Director Tait explained that the company Mr. Rasmussen represents did not have what Arcadia was looking for and explained the desired specifications of the truck needed for Arcadia; and noted the reasons why the Haaker truck described in the Staff Report is the best available piece of equipment and price for the City. Administrative Services Director Quach explained the City's Purchasing Policy for allowing this type of bidding. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 3.k. to approve a Purchase Order with Haaker Equipment Company for the purchase of one 2017 CNG Vactor sewer truck in the amount of $474,614.17. AYES: Chandler, Tay, Amundson, Verlato and Beck NOES: None ABSENT: None Mayor Beck explained the reasons why he pulled Consent Calendar Item 2.p. for additional clarification regarding fair market value for Verizon to utilize City utility poles. 7 09-06-2016 City Manager Lazzaretto explained the negotiation process; and indicated that he is comfortable that the City did its due diligence in negotiating with Verizon on the current proposal of $1,500 per pole. • Deputy Director of Development Services/City Engineer Wray further explained the negotiation process. It was moved by Mayor Pro Tern Amundson, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 3.p. to approve Municipal Right-of-Way Facilities Use Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless for use of City facilities for installation, operation and maintenance of equipment. AYES: Amundson, Tay, Chandler, Verlato and Beck NOES: None ABSENT: None 4. CITY MANAGER a. Designate Council Member Sho Tay as a voting delegate and City Manager Lazzaretto as the alternate voting delegate for the 2016 League of California Cities Annual Conference. Recommended Action: Approve City Manager Lazzaretto presented the staff report; and indicated that there is a new transportation safety initiative called "Vision Zero," which strives for zero traffic deaths by 2025 through increased traffic safety efforts which the City would support, and indicated that the City would also support any measures relating to crime. Mayor Pro Tern Amundson indicated that the Center for Disease Control indicates that 31% of traffic deaths are alcohol related and suggested that if there is a possibility for an amendment that this be addressed. It was moved by Council Member Chandler, seconded by Council Member Verlato, and carried on roll call vote to appoint Council Member Sho Tay as the voting delegate, and City Manager Lazzaretto as the alternate voting delegate, for the 2016 League of California Cities Annual Conference. AYES: Chandler, Verlato, Amundson, Tay, and Beck NOES: None ABSENT: None b. Reconsideration of a condition of approval for Single Family Architectural Design Review No. SFADR 16-08 at 1101 S. Fifth Avenue concerning a limitation on second story windows. Recommended Action: Remove or Modify Condition of Approval limiting second- story windows Mayor Beck explained the purpose of bringing this item back for reconsideration; he indicated that when the City Council approved the project, it was approved without windows on the north and side south to please the neighbors because of an invasion of their privacy. 8 09-06-2016 It was moved by Mayor Beck, seconded by Council Member Chandler to waive any inconsistency with Arcadia Municipal Code Section 2124.4 or any published rules of order, and moved to reconsider the conditions of approval relating to second story windows for SFADR 16- 08 at 1101 S. Fifth Avenue. AYES: Beck, Chandler, and Tay NOES: Amundson, and Verlato ABSENT: None Mayor Beck called for public comments. David Arvizu, an Arcadia resident, appeared and cited comments made by the City Council at their July 19, 2016, meeting; he indicated that the City Council is obligated to the follow the General Plan regarding design; he spoke about the reasons why the City Council is wrong by exempting the project from the California Environment Quality Act; and asked residents to contact him (he provided contact information) about new construction in their neighborhood. Gail Marshall, an Arcadia resident, appeared and asked Mayor Beck if the 6' 6" windows he mentioned at the Coffee with Mayor this morning would meet code requirements. Philip Chan, designer of the property, appeared and thanked the City Council for bringing this matter back for reconsideration since there are no two-story homes with no windows on the second floor; and indicated that they have been working with the neighbors to provide more privacy; and he feels that adding a few windows would add to the design of the home. It was moved by Mayor Beck, seconded by Council Member Tay, and carried on roll call vote to modify Condition of Approval No. 4 so that the second-story windows shown on the side elevations shall be reduced in size so that the bottom of the windows shall be at least six feet six inches (6'-6") above the level of the second floor. AYES: Beck, Tay, Chandler, Amundson NOES: Verlato • ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting at 9:13 p.m. to Tuesday, September 20, 2016, at 5:00 p.m. in the City Council Chamber Conference Room. 1 Mayor of the City of rcadia ATTEST: • _C ie A Deputy City Clet - Records.Manager 9 09-06-2016