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HomeMy WebLinkAbout12/06/2016 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, DECEMBER 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 - No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation — one (1) case. b. 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 has voluntarily recused herself from all matters pertaining to Closed Session item b, and therefore did not participate.) c. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Dana Nava v. Dominic Lazzaretto; Real Party in Interest: City of Arcadia; California Court of Appeal Second Appellate District Case No.: B266783. d. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: 100 W. Huntington Drive (formerly the 100 to 1 Club) Agency Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager/Development Services Director Jason Kruckeberg and City Attorney Stephen P. Deitsch Negotiating Parties: City of Arcadia and Andy Chang (Seabiscuit Pacifica, LLC) Under Negotiation: Price and Terms of Payment No reportable action was taken on the Closed Session items. The meeting adjourned at 7:00 p.m. 1 12-06-2016 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 Darwin Ng, Police Department Chaplain PLEDGE OF ALLEGIANCE — Bob Sanderson, former Arcadia Police Chief ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Closed Session to consider the four items listed on the posted agenda under Closed Session; he indicated that item a., was anticipated ligation regarding District Based elections, and that no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto indicated that Consent Calendar item 2.f, regarding the Classification and Compensation Study has been pulled from the agenda and will be scheduled for a future meeting. 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 of Mayor's Certificate of Commendation to long-time Arcadia resident Dorothy Denne in appreciation of writing "Dorothy's Place" newspaper column for more than two decades. 1. PUBLIC HEARING a. Ordinance No. 2342 amending Article VIII of the Arcadia Municipal Code relating to Building Regulations and adopting by reference the 2016 Edition of the California Building Code, Volumes 1 and 2, and Appendix J based on the 2015 Edition of the International Building Code, including State of California amendments applicable to local jurisdictions, and further adopting by reference including amendments, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Plumbing Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California existing Buildings Code, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council, and the 2016 Los Angeles County Grading Code. Recommended Action: Adopt 2 12-06-2016 Building Official Stockham presented the staff report. Mayor Beck opened the public hearing. No one appeared. 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, and carried on roll call vote to adopt Ordinance No. 2342 amending Article VIII of the Arcadia Municipal Code relating to Building Regulations and adopting by reference the 2016 Edition of the California Building Code, Volumes 1 and 2, and Appendix J based on the 2015 Edition of the International Building Code, including State of California amendments applicable to local jurisdictions, and further adopting by reference including amendments, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Plumbing Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California existing Buildings Code, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council, and the 2016 Los Angeles County Grading Code. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None b. Ordinance No. 2343 amending Article III of the Arcadia Municipal Code relating to Fire Regulations and adopting by reference the 2016 Edition of the California Fire Code in its entirety, including Appendix Chapter 4, and Appendices B, C, D, K, and N based on the 2015 Edition of the International Fire Code published by the International Code Council. Recommended Action: Adopt Fire Chief Lang and Fire Marshal Krikorian presented the staff report. Mayor Beck opened the public hearing. No one appeared. 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 Tay, seconded by Council Member Chandler, and carried on roll call vote to adopt Ordinance No. 2343 amending Article III of the Arcadia Municipal Code relating to Fire Regulations and adopting by reference the 2016 Edition of the California Fire Code in its entirety, including Appendix Chapter 4, and Appendices B, C, D, K, and N based on the 2015 Edition of the International Fire Code published by the International Code Council. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None c. Amendment to the Seabiscuit Pacifica Specific Plan (SP No. 13-02), General Plan Amendment No. 16-04, and Zone Change No. ZC 16-02 to change the Land Use Designation for the property at 130 W. Huntington Drive from Commercial to Downtown Mixed Use, and to replace the hotel condominium portion of the project with a mixed use building. 3 12-06-2016 Resolution No. 7158 approving General Plan Amendment No. GPA 16-04 to revise the General Plan Land Use Designation from "Commercial" with a Downtown Overlay and 1.03 Floor Area Ratio, to "Downtown Mixed Use" with a 1.0 Floor Area Ratio, and approve a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the property at 130 West Huntington Drive. Recommended Action: Adopt Ordinance No. 2344 amending the Seabiscuit Pacifica Specific Plan (SP-SP) to allow the Phase 2 portion of the plan to be developed as a mixed use protect, and to enable the 50 hotel condominium units to be developed as residential units for the Seabiscuit Pacifica Project at 130 West Huntington Drive. Recommended Action: Introduce Ordinance No. 2345 making certain amendments to the text of Arcadia Zoning Code, and amending the Zoning Map to reflect the reduction in allowable Floor Area Ratio from 1.03 to 1.0 within the Seabiscuit Pacifica Plan Area (SP-SP), located at 130 West Huntington Drive. Recommended Action: Introduce Assistant City Manager/Development Services Director Kruckeberg and Planning Services Manager Flores presented the staff report. Mayor Beck opened the public hearing. Rob McMillan, representing Andy Chang (the applicant), appeared and explained the reasons why the City Council should move forward with the approval of their project. 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. After discussion by the City Council, Mayor Beck made a motion that all existing units and structures on the property be demolished at the initiation of construction of the new project, except for the trees on the property. City Attorney Deitsch assisted with the motion and amendment of Condition of Approval #1. It was moved by Mayor Beck, seconded by Council Member Chandler that Condition of Approval #1 be amended to read "When the applicant/property owner proceeds with the construction of Phase 1, all existing units and structures comprising of the Santa Anita Inn shall first be demolished." AYES: Beck, Chandler, Tay, Verlato, and Amundson NOES: None ABSENT: None It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7158 approving General Plan Amendment No. GPA 16-04 to revise the General Plan Land Use Designation from "Commercial" with a Downtown Overlay and 1.03 Floor Area Ratio, to "Downtown Mixed Use" with a 1.0 Floor Area Ratio, and approve a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 4 12-06-2016 property at 130 West Huntington Drive; and that Condition of Approval #22 be amended to include proper construction fences around the redwood trees on the property, as recommended by an arborist. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None It was moved by Mayor Beck, seconded by Council Member Chandler, and carried on roll call vote to introduce Ordinance No. 2344 amending the Seabiscuit Pacifica Specific Plan (SP-SP) to allow the Phase 2 portion of the plan to be developed as a mixed use project, and to enable the 50 hotel condominium units to be developed as residential units for the Seabiscuit Pacifica Project at 130 West Huntington Drive subject to the Conditions of Approval; and that the Conditions of Approval # 1 and 22 be amended as voted upon by the City Council. AYES: Beck, Chandler, Tay, Verlato, and Amundson NOES: None ABSENT: None It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to introduce Ordinance No. 2345 making certain amendments to the text of Arcadia Zoning Code, and amending the Zoning Map to reflect the reduction in allowable Floor Area Ratio from 1.03 to 1.0 within the Seabiscuit Pacifica Plan Area (SP-SP), located at 130 West Huntington Drive. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None PUBLIC COMMENTS Janet Raymond, an Arcadia resident, appeared and expressed her concerns about the coyote population in the City, and the safety of her neighborhood; she indicated that her neighbors have been dealing with major problems regarding coyotes and do not feel safe. Mayor Beck advised Ms. Raymond that the City Council is aware of the coyote situation and have sent out notices, provided whistles and educational information to Arcadia residents in an effort to keep them informed on how to handle coyote incidents. John MacDonnell, an Arcadia resident, appeared to contest a parking citation his son received for overnight parking when he parked his vehicle on the street at 4:00 a.m. near the 24 Hour Fitness, and requested that the ticket be dismissed; he suggested that the City look into possibly allowing 24 hour parking near 24 Hour Fitness since the business is open 24 hours; and also asked the status of the traffic light issue on Second Avenue and Huntington Drive that he brought up a few months ago to the City Council. In response to Mr. MacDonnell's comments, City Manager Lazzaretto advised that the Traffic Safety Committee is looking into the issue regarding the traffic lights on Second Avenue and Huntington Drive; he also directed Mr. MacDonnell to the Traffic Safety Committee regarding his request for overnight parking near 24 Hour Fitness; and informed him that he would need to fill out the proper form requesting the citation be dismissed. 5 12-06-2016 Gordon Penharlow, an Arcadia resident, appeared and also expressed his concerns for the safety of his family, and the safety of his neighbors due to the growing population of coyotes; and provided a petition signed by 68 neighbors in an effort to find a solution to the coyote problem. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense[AB 12341) Council Member Verlato stated there was no Planning Commission meeting the week of Thanksgiving and had nothing to report; she stated that she attended the Tree Lighting Ceremony on Friday night and thanked staff for a wonderful job putting it together; she attended Breakfast with Santa and the Snow Festival on Saturday, and thanked the Recreation Department for putting it together; she attended the Holiday Market sponsored by the City and the Downtown Arcadia Improvement Association; she indicated that she also visited the new Mt. Lowe's Brewery on St. Joseph Street that just opened; and noted that she read in the Sierra Madre Mountain News that one of Arcadia's residents and a former candidate for City Council, Burton Brink, was awarded the Line of Duty Medal by the Los Angeles County Sheriff's Department in October 2016, and congratulated and thanked him for his service. Council Member Tay reminded residents that during the holiday season, to remember to follow the advice of the Police Department to "hide it, lock it, keep it" to prevent auto burglaries. Mayor Pro Tem Amundson announced and commented on an event that he recently attended at the Arcadia Performing Arts Center; he also commented on the retirement of Mary Beth Hayes, Director of Library & Museum Services and thanked her for her service to the City; he stated that on December 8, he will be attending an unveiling ceremony of the Kneeling Solider of the Battle Cross Statue, a tribute to all soldiers who have served in the military; he suggested a Study Session regarding the pension system in California, and requested the support of two Council Members to place it on a future agenda, Mayor Beck and Council Member Verlato agreed; and he indicated that December 7, is the 75th Anniversary of the bombing of Pearl Harbor, and commented on the importance of this date and why it is personal to him. Council Member Chandler congratulated Mary Beth Hayes on her retirement; he stated that the coyote situation is serious and indicated that the City needs to make a decision, and requested that it be placed on a future agenda for discussion, Mayor Beck and Council Member Tay agreed. City Clerk Glasco announced that he was recently presented with the "49th District 2016 Make a Difference Award" by Assembly Member Ed Chau for his work on the Vietnam War Monument; he stated that he also attended Breakfast with Santa, the Snow Festival, and the Arcadia Elks Lodge Christmas Tree Lane Dinner, an event that raises money for charities of the Elks Lodge; he indicated that he will also be attending the unveiling of the Kneeling Solider of the Battle Cross Statue ceremony on Thursday; and noted that on Monday he will be spending the day with a senior field representative of Congress Woman Judy Chu regarding nomination interviews for students aspiring to be in the Air Force and the Merchant Marine Academy. Mayor Beck congratulated City Clerk Glasco on his 49th District 2016 Make a Difference Award; he announced that on November 19, he attended and participated along with Mayor Pro Tern Amundson and Council Member Chandler the Arcadia Festival of Bands Parade; he thanked Kristen Olafson and Mary Buttice, and City staff for putting on the tree lighting festival; he also attended Breakfast with Santa and the Snow Festival, and expressed what a nice thing the City 6 12-06-2016 does for the children; he noted that he attended the Holiday Market which was very successful and well attended; he announced that on December 13, from 1:00-3:00 p.m. at the Library there will be a going away reception for Mary Beth Hayes, and he thanked her for her service and contributions to the City; he also announced that on December 15 is the Police Chiefs' Annual Holiday Breakfast, and also noted that on December 15 from 6:00-8:30 p.m. the Arcadia Beautiful Commission will be giving out the Holiday Decoration Awards. 2. CONSENT CALENDAR a. Regular Meeting Minutes of November 1, 2016, and Special and Regular Meeting Minutes of November 15, 201.6. Recommended Action: Approve b. Resolution No. 7152 approving and adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Recommended Action: Adopt c. Resolution No. 7159 declaring its intention to vacate a portion of Colorado Boulevard, 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 d. Cancellation of the January 3, 2017, Regular City Council Meeting. Recommended Action: Approve e. Professional Services Agreement with Resilient Communications, Inc. for Cisco Network Upgrades and City-wide Voice Over Internet Protocol System in the amount of$456,430. Recommended Action: Approve f. Professional Services Agreement with Ralph Andersen and Associates for a Classification and Compensation Study in the amount of $36,400, and authorize an additional $18,600 as a contingency budget. Recommended Action: ITEM PULLED FOR FUTURE MEETING g. Contract with Vincor Construction, Inc. for the Longden Forebay Roof Replacement Project in the amount of $37,578.64. Recommended Action: Approve h. Purchase Order with Pierce Manufacturing Inc. for the purchase of a triple combination fire pumper in the amount of$720,507.04. Recommended Action: Approve Contract with Sully Miller Contracting Company for the Duarte Road Rehabilitation from Santa Anita Avenue to Fifth Avenue and the Miscellaneous Arterial Improvements Project in the amount of $560,022, and determine the project is categorically exempt pursuant to Section 15301 Class 1(c) from the requirements of California Environmental Quality Act ("CEQA"). Recommended Action: Approve j. Municipal Right-of-Way Facilities Use Agreement with Extenet Systems Inc., for use of City facilities for installation, operation, and maintenance of equipment. 7 12-06-2016 Recommended Action: Approve k. Statement of Work Agreement with SIGMAnet for the purchase, installation, and configuration of EMC Data Domain DD250 Back-up Appliance and EMC Data Protection Suite in the amount of $223,993 Recommended Action: Approve Mayor Beck pulled Consent Calendar item 2.h for discussion. Council Member Verlato pulled Consent Calendar item 2.k for discussion. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 2.a through 2.e and 2.g, 2.i through 2.j. (Consent Calendar Item 2.f was pulled from this agenda) AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None In response to Mayor Beck's inquiries regarding Consent Calendar Item 2.h., Fire Chief Lang explained the reasons for selecting Pierce Manufacturing, Inc. as the manufacturing company for the purchase of a triple combination fire pumper. In addition, Council Member Tay commented on the payment options referenced in the staff report, and performance bond requirement. In response to Council Member Tay's comments, City Manager Lazzaretto explained the payment options and how the performance bonds work. It was moved by Mayor Beck, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 2.h. AYES: Beck, Chandler, Verlato, Amundson, and Tay NOES: None ABSENT: None In response to Consent Calendar Item 2.k, Council Member Verlato expressed her concerns over the recent cyber-attack on the City, mentioned in the staff report, and requested further details on the incident. In response to Council Member Verlato's comments, City Manager Lazzaretto discussed the cyber-attack, and the importance of a reliable back-up system to prevent hacking. Administrative Services Director Quach provided an explanation of the virus; and a breakdown of costs for the purchase, installation, and equipment mentioned in the staff report. Robert Red, a representative of SIGMAnet, was present and provided additional detail on how the equipment would operate. It was moved by Council Member Verlato, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 2.k. AYES: Verlato, Chandler, Tay, Amundson, and Beck 8 12-06-2016 NOES: None ABSENT: None 3. CITY MANAGER a. Resolution No. 7155 establishing wage adjustments for part-time (unrepresented non-benefited) employees in accordance with California's minimum wage increase effective January 1, 2017. Recommended Action: Adopt City Manager Lazzaretto presented 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. 7155 establishing wage adjustments for part-time (unrepresented non-benefited) employees in accordance with California's minimum wage increase effective January 1, 2017. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None b. Resolutions setting City water and sewer rates for calendar year 2017. Resolution No. 7156 setting City water rates and finding the rates will not exceed the estimated amount necessary to fund the operation of the City Water System for calendar year 2017. Recommended Action: Adopt Resolution No. 7157 setting City sewer rates and finding the rates will not exceed the estimated amount necessary to fund the operation of the City Sewer System for calendar year 2017. Recommended Action: Adopt Public Works Services Director Tait presented the staff report and PowerPoint presentation. It was moved by Council Member Beck, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7156 setting City water rates and finding the rates will not exceed the estimated amount necessary to fund the operation of the City Water System for calendar year 2017. AYES: Beck, Tay, Chandler, Verlato, and Amundson NOES: None ABSENT: None It was moved by Council Member Beck, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7157 setting City sewer rates and finding the rates will not exceed the estimated amount necessary to fund the operation of the City Sewer System for calendar year 2017. AYES: Beck, Tay, Chandler, Verlato, and Amundson NOES: None ABSENT: None 9 12-06-2016 c. Resolution No. 7160 supporting a representative for Cities with prescriptive pumping rights as a board member of the San Gabriel Basin Water Quality Authority. Recommended Action: Provide Direction Public Works Services Director Tait presented the staff report. It was the consensus of the City Council to support Judy Nelson, a City of Glendora Council Member, as a board member of the San Gabriel Basin Water Quality Authority. It was moved by Council Member Tay, seconded by Mayor Pro Tem Amundson, and carried on roll call vote to adopt Resolution No. 7160 supporting a representative for Cities with prescriptive pumping rights as a board member of the San Gabriel Basin Water Quality Authority. AYES: Tay, Amundson, Chandler, Verlato, and Beck NOES: None ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting at 9:43 p.m. to Tuesday, December 20, 2016, at 6:00 p.m. in the City Council Chamber Conference Room. Mayor of the City of Arcadia ATTEST: I .Af la Ail ' Chi:f Deputy City Clerk/ Recv'is Manager 10 12-06-2016