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HomeMy WebLinkAbout02/07/2017 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, FEBRUARY 7, 2017 CALL TO ORDER — Mayor Beck called the regular and special 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)(1) to confer with legal counsel regarding the Worker's Compensation case of Deborah Cuddihy. b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding potential litigation — one (1) case. No reportable action was taken on the Closed Session items. The Closed Session ended at 6:57 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER — Mayor Beck called the regular meeting to order at 7:01 p.m. INVOCATION — First Reader Kristen Bennett, First Church of Christ PLEDGE OF ALLEGIANCE — Arcadia Boy Scouts, Troop 104 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 one item listed on the posted agenda under Closed Session, no reportable action was taken; and also the City Council conducted a Special Meeting in order to conduct a Closed Session to consider the one item listed on the Special Meeting notice; he indicated that it related to anticipated litigation regarding Public Hearing item 1.a, and no reportable action taken. 1 02-07-2017 SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto reported the four supplemental items which have been distributed to the City Council prior to the meeting. The first three items related to Public Hearing item 1.a -- (1) an e-mail from Arcadians Against Residential Towers regarding information they feel is missing from the staff report; (2) a letter from South Coast Air Quality Management District regarding emissions from the proposed generator on the site; and (3) a duplicate of Attachment No. 20 (already part of the staff report) from the Applicant. The fourth item was regarding City Manager item 3.a, an e-mail from Arcadia residents Gary and Cindy Forillo, requesting the City Council consider coyote trapping. 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 resident Carol Libby for her many years of dedicated service to the City of Arcadia. 1. PUBLIC HEARING a. Appeal of the Planning Commission denial of Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 for the revised proposal for a new wireless communication facility housed in a 53'-0" tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. (Continued from the November 15, 2016, and January 17, 2017, meeting). Resolution No. 7154 approving Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 with a Categorical Exemption under the California Environmental Quality Act ("CEQA") for the revised proposal for a new wireless communication facility housed in a 53'-0" tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. Recommended Action: Adopt Resolution No. 7154 Granting the Appeal and Approving the Applications Community Development Administrator Kasama presented the staff report. Attorney Gail Karish, of the City Attorney office from Best, Best and Krieger, addressed the timelines for action of Verizon's appeal and waiver request. Doug Dickenson, from Commvergent Technologies, appeared and addressed questions regarding the Consultant's Review Report of the Waiver Request. 2 02-07-2017 Paul Albritton, attorney for Applicant, Verizon Wireless, appeared and explained the reasons why the City Council should approve the proposed wireless communication facility. Radio Frequency Engineers, appeared on behalf of Verizon to explain the design of proposed bell tower. Dr. Jerald T. Bushberg, on behalf of Verizon, appeared and addressed questions regarding the Radio Frequency Emissions report. Mayor Beck opened the public hearing. Reverend Julie Bryant, Director of The Church of the Transfiguration, appeared and expressed their support regarding the proposed wireless communication facility. Katy Mui, representing Arcadians Against Residential Towers, appeared and explained why they are opposed to the proposed cell tower and urged the City Council to uphold the Planning Commission's decision to deny Verizon's proposal for a new wireless communication facility. Dr. Charles Millner, an Arcadia resident, appeared and expressed his support of the proposed cell tower; and explained why the City Council should approve the proposed wireless communication facility. Gary Schwarz, an Arcadia resident, appeared and stated that Arcadians Against Residential Towers will provide the City Council with substantial evidence in an effort to deny Verizon's application. Rachel Lin, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and expressed the reasons why the Verizon cell tower is not needed; and indicated that Verizon has not proven that there is a significant gap as they claim. William Lee, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and stated that Verizon's data proves that there is great cell phone coverage in and around the site of the proposed cell tower; he referred to data on the Verizon website and indicated that this is the reason why the cell tower is not necessary. Mark Xiong, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and also stated that Verizon's evidence does not support their claims that there is a significant gap; and explained the reasons why he is against the proposed cell tower. Kent Lai, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and expressed his concerns for the safety of his daughter, the school children, teachers and staff at the preschool located at the proposed cell tower site; and stated that the cell tower would not aesthetically fit in their neighborhood. Carol Bush introduced Kendrick Moore, a third grade student at Arcadia Christian Elementary School, who expressed his concerns for his classmates, his sister, and the students attending the preschool next to the proposed cell tower site; and asked the City Council not to approve the installation of the Verizon cell tower. 3 02-07-2017 Carol Bush, a local realtor and board member at Arcadia Christian School, appeared and expressed her concerns regarding the location of the proposed Verizon cell tower; and asked the City Council to consider creating setback zones, fall zones, or relocating the proposed cell tower. Debbie Priester, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and explained the why she is against the proposed Verizon cell tower; she stated that Verizon must comply with all five CUP requirements, but failed to comply with three of the five CUP requirements; and urged the City Council to deny Verizon's waiver request. Clement Ho, an Arcadia resident and representative of Arcadians Against Residential Towers, also appeared and explained the reasons why the City Council should deny Verizon's waiver request. Eli Tsou, an Arcadia resident, appeared and explained why the Verizon cell tower is unnecessary; he stated that he questions Verizon's claims of a significant gap; and that there is no issue with cell phone coverage in the vicinity of the proposed cell tower. Edward Mui, an Arcadia resident, appeared and urged the City Council to deny Verizon's request; he requested the City Council to consider small cell coverage to fill the supposed gap; and stated that Verizon's analysis is inadequate, inaccurate, inconsistent, misleading, and the most intrusive of all options. Steve Rhee, an Arcadia resident, appeared and provided the City Council with pictures of cell towers placed at a middle school near a preschool his children attended; and expressed his concerns against the Verizon cell tower, and accused Verizon of misleading the people. Miriam Bachmeier, an Arcadia resident, appeared and provided her reasons why the proposed cell tower should be denied; and expressed concerns over the size and possible growth over time. Vincent Cheng, an Arcadia resident, appeared and explained the why he is against the construction of the proposed cell tower; he stated that Verizon's application misrepresents the height of the cell tower in the photo simulation; and urged the City Council to deny their request. Amy Liu, an Arcadia resident, appeared and also explained the reasons why she is opposed to the construction of the proposed cell tower; she stated three areas of concern are the aesthetics, the noise level of the generator, and commercial equipment in a residential area; and urged the City Council to deny Verizon cell tower project. Mimi Quan, an Arcadia resident, appeared and expressed her concerns regarding the open roof of the proposed cell tower and the building materials proposed to be used to construct the bell tower; she indicated that the open roof would allow room for growth; and urged the City Council to deny the request. Eric Choi, an Arcadia resident, appeared and explained the reasons why the cell tower would affect property values in the area; and he urged the City Council to respect the wishes of the residents and deny the location of the proposed cell tower. 4 02-07-2017 Susanna Chung, an Arcadia resident, appeared and read a letter from Henry Ray, a realtor, which expressed concern on the impact of home sales in the surrounding neighborhoods near the cell tower, and the potential decline in property values; and urged the City Council on behalf of Arcadia citizens to deny the request. Becky Bryant, an Arcadia resident, appeared and stated that property values will greatly diminish due to the aesthetics and potential health risks due to the installation of the proposed cell tower; she indicated the need for the cell tower in order to connect 9-1-1 calls is a misperception; and urged the City Council to deny Verizon's request. Erika Chi, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and submitted a petition signed by 90 members of Arcadians Against Residential Towers who oppose the proposed cell tower; she provided the reasons why they are against the cell tower and urged the City Council to deny the request. Ken Obst, an Arcadia resident, appeared and indicated that the cell tower would be a monstrosity and intrusive to the neighborhood; and explained the reasons why the City Council should not approve the waiver. James Helms, former Mayor and Arcadia resident, appeared and expressed his support of the cell tower; he shared a personal experience that occurred with his neighbor when she tried to call 9-1-1 and the call would not be connected to the Police Department; he expressed the importance of having a cell tower in his area and the reasons why the proposed cell tower should be approved. Shirley Thomas, an Arcadia resident, appeared and explained the reasons why she is opposed to the proposed cell tower; that she lives behind the Church, and has never had an issue with cell phone coverage in the area. Mr. Albritton, attorney representing Verizon, appeared and responded to comments made by the public speakers; he responded to questions raised by Mayor Beck regarding the strength of the cell tower, the generator, and the type of materials proposed to be used. City Manager Lazzaretto asked Mr. Albritton to respond to the comment made by the speaker who stated Verizon unfairly looked at an unreasonably small area for alternative sites. In response to City Manager Lazzaretto's request, Mr. Albritton explained the process of how the Engineers determined the location of the proposed cell tower site. In response to Council Member Verlato's question regarding sufficient parking spaces at the Church, Community Development Administrator Kasama responded that there are sufficient parking spaces and that the parking lot would be in compliance with ADA requirements. In response to a question raised by Council Member Verlato regarding the significant gap and difference in data and voice service, Attorney Karish responded that Verizon records claim there is a significant gap in data streaming, not voice service. 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. 5 02-07-2017 It was moved by Mayor Pro Tem Amundson, seconded by Council Member Verlato, and carried on roll call vote that staff bring back to the next regular City Council meeting of February 21, 2017, for consideration, Resolution No. 7154 to include findings based on fact to deny the application and deny the appeal. AYES: Amundson, Verlato, Tay, and Beck NOES: Chandler ABSENT: None PUBLIC COMMENTS Jennifer Lu, an Arcadia resident, appeared and stated that she received a letter from the City asking her to trim the shrubs on her driveway; she indicated the shrubs are there to prevent lost/stolen packages, and shared an incident that occurred with the loss of two iPhones; and asked the City Council for guidance and suggested a six foot tall fence as a possible solution. City Manager Lazzaretto referred Ms. Lu to Deputy Development Services Director/City Engineer Wray. Joanne Foon, an Arcadia resident, who left the meeting due to the time, but provided a letter requesting the City Council explore the possibility of become a "sanctuary city." Due to the time, Mayor Beck moved City Manager item 3.a regarding coyotes to be discussed at this time, then reports from the City Council, and then Consent Calendar. 3. CITY MANAGER a. Report, discussion and direction regarding coyotes in residential neighborhoods. Recommended Action: Provide Direction to continue public education and outreach efforts City Manager Lazzaretto presented the staff report. Linda Semain, a resident of the Santa Oaks Homeowner Association, appeared and expressed her concerns regarding the coyote problem in her neighborhood, including the safety of dogs, and her grandchildren; and urged the City Council to take action before a child is injured. Donna Perez, an Arcadia resident, appeared and also expressed her concerns regarding the coyote problem; she shared an incident that occurred when a coyote attacked her small dog; she provided statistics regarding coyote attacks in Southern California; and also urged the City Council to take action before a child is injured. Gordon Penharlow, an Arcadia resident, also appeared and expressed his concerns regarding the coyotes and the safety of the community, his neighborhood, and his grandchildren; and requested help from the City. Kenneth Mar, an Arcadia resident, also appeared and expressed his concerns regarding the growing coyote population; he indicated that he no longer allows his dogs loose in the backyard; he shared his concerns for his neighborhood and the community; and asked the City Council for their support and action regarding the growing problem with coyotes. 6 02-07-2017 Debbie Priester, an Arcadia resident, also appeared and shared her concerns and experience with the coyotes; and urged the City Council to take some action. Rachel Lynn, an Arcadia resident, appeared and expressed the same concerns of the other speakers regarding the coyote problem; she indicated that the coyotes are living comfortably in vacant homes and vacant lots; and urged the City to address their concerns immediately. Julie Bank, a representative of the Pasadena Humane Society & SPCA, appeared and discussed the coyote problem in all surrounding cities; and indicated that they are prepared and committed to meet and educate residents on how to co-exist with coyotes. In response to a question raised by Council Member Verlato regarding coyotes living in vacant homes; Ms. Bank provided information regarding the deterrence of coyotes in vacant homes, and offered the services of the Pasadena Humane Society to work with residents and the City to try and address those issues. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to appropriate $20,000 every year in the budget for coyote trapping, and continued public education and outreach; and directed staff to prepare an ordinance which grants access to vacant properties to inspect for wildlife and other issues. YES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense[AB 1234]) Mayor Pro Tern Amundson had no comments. Council Member Chandler reported that burglaries have been on the rise since Proposition 47 passed and referenced a newspaper article wherein the City of Whittier has also reported a rise in crime since the passing of Proposition 47; he stated that burglaries and coyotes are a serious issue in Arcadia and indicated that he would like to see an article in the next newsletter regarding crime in Arcadia. Council Member Verlato announced that on Saturday she attended an amazing performance at the Arcadia Performing Arts Center, that Steve Tyrrel will be performing in May, and encouraged everyone to attend; she also announced that on Sunday she presented four Cub Scouts with the Supernova Award and a Mayor's Certificate of Commendation; she also attended the Tzu Chi New Year Blessing event with Council Member Tay and commented on some of the activities and entertainment at the event; and noted that the School District election is coming up and encouraged everyone to vote Yes on Measure A. Council Member Tay noted that he received a phone call from an individual complimenting the Public Works Services Department staff for their efficiency, and thanked Public Works Services Director Tom Tait and the staff for their quick response in resolving the issue; he announced that on February 1, he attended the City Council Goal Setting workshop, and expressed the need for more participation from the residents; he indicated that he enjoyed the Tzu Chi New Year Blessing event he attended with Council Member Verlato; and announced that on February 8, is Coffee with a Cop at the Arcadia Elks Lodge. 7 02-07-2017 City Clerk Glasco had no comments. Mayor Beck had no comments. 2. CONSENT CALENDAR a. Regular Meeting Minutes of January 17, 2017. Recommended Action: Approve b. Purchase Order with National Auto Fleet Group for the purchase of one 2017 Ford CNG F-550 heavy duty stake bed truck in the amount of$101,759.82. Recommended Action: Approve c. Resolution No. 7163 declaring that weeds, brush, rubbish, and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance, and declaring an intention to provide for the abatement thereof. Recommended Action: Adopt 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.c. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting at 1:18 a.m. in memory of longtime Arcadia resident William Joseph Zeutzius to February 21, 2017, 6:00 p.m. in the City Council Chamber Conference Room. Mayor of the City Arcadia ATTEST: 1 dA--- C i Iieputy City Clerk/ Recp ds Manager 8 02-07-2017