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HomeMy WebLinkAbout02/21/2017 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, FEBRUARY 21, 2017 CALL TO ORDER — Mayor Beck called the meeting to order at 6:02 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, and Beck ABSENT: Verlato It was moved by Council Member Chandler, seconded by Council Member Tay to excuse Council Member Verlato. City Manager Lazzaretto explained the need to add a closed session item to the closed session agenda in light of the letter received from Verizon's attorney regarding the proposed cell tower. City Attorney Deitsch further explained to the City Council that to add a closed session item under Government Code section 54956.9(d)(2) to the agenda pursuant to Section 54954.2(b) of the Brown Act, they would need to make the following two findings: (1) there was a need to take action on the item (the Verizon cell tower application matter on the posted agenda), and (2) the need to take action came to the attention of the City Council after the agenda for the City Council meeting had been posted, because the City received a threat of litigation concerning this matter by letter the day of the Council meeting. It was moved by Council Member Chandler, seconded by Council Member Tay and carried on roll call vote to adopt the two findings, as cited by the City Attorney, to add an item to the closed session agenda, under Government Code section 54956.9(d)(2) anticipated litigation, one case. AYES: Chandler, Tay, Amundson, and Beck NOES: None ABSENT: Verlato Council Member Verlato arrived at 6:05 p.m. PUBLIC COMMENTS - No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Administrative Services Director Hue Quach, and Assistant City Manager/Development Services Director Jason Kruckeberg. Employee Organizations: Arcadia Public Works Employees Association, Arcadia Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees. 1 02-21-2017 b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding potential litigation — one (1) case. (added to the closed session agenda pursuant to section 54954.2(b) of the Brown Act) No reportable action was taken on the Closed Session items. The Closed Session ended at 6:55 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 Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE — Jason Kruckeberg, Assistant City Manager/Development Services Director 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 prior to the regular meeting, and reported that by a unanimous vote 4-0, (with Council Member Verlato having an excused absence), voted to add a Closed Session item under Government Code Section 54956.9(d)(2), anticipated litigation, one case, pursuant to Section 54954.2(b) of the Brown Act based on findings that: (1) there was a need to take action on the item (the Verizon cell tower application matter on the posted agenda) the day of the Council meeting because the City Council was required to make a final determination on the item by February 21, 2017, pursuant to the federal Telecommunications Act of 1996; and (2) the need to take action came to the attention of the City after the agenda for the City Council meeting had been posted, because the Council received a threat of litigation concerning this matter by letter the day of the Council meeting; and the City Council also considered the one item that was listed on the posted agenda, and no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto noted that staff has requested Consent Calendar item 2.c regarding the contract with All American Asphalt for the Pavement Rehabilitation Project be pulled from this agenda, and brought back to the next City Council meeting so that staff can look into additional information; and stated that based on the number of speaker cards he recommended that Consent Calendar item 2.g regarding coyotes be move prior to the public comment period in order to allow individuals the earliest opportunity to speak. He also noted a title change to the February 1 City Council special meeting minutes, and a clarification of a word choice to the February 7 City Council regular meeting minutes; and regarding Consent Calendar item 2.b, amendments to Resolution No. 7154, Page 14 relating to the Verizon cell tower clarifying the City's stance of the proposed denial of the tower; and 3 emails from residents opposing the Verizon cell tower, and a letter from Mackenzie & Albritton, attorneys for Verizon requesting the City reconsider their stance. 2 02-21-2017 The City Council concurred with the reorder of Consent Calendar item 2.g and tabling item 2.c. 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 by the Arcadia Chinese Association of gift certificates to City employees in appreciation of staff's efforts. 1. PUBLIC HEARING a. Direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties located in the City of Arcadia, and approve the Annual Weed Abatement Property list. Recommended Action: Approve City Manager Lazzaretto 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 direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties located in the City of Arcadia, and approve the Annual Weed Abatement Property list. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None As recommended by City Manager Lazzaretto, and concurred by the City Council, Mayor Beck announced that due to the number of speaker cards, Consent Calendar Item 2.g regarding coyotes will be discussed at this time. g. Professional Services Agreement with Animal Pest Management Services, Inc. for Coyote Trapping Services in an amount not to exceed $15,000. Recommended Action: Approve Ann Carlton, Arcadia, expressed her concerns regarding coyotes and the safety of the community. Ashley Page, Encino, encouraged the need for education, and does not feel that trapping of coyotes is going to resolve the problem. 3 02-21-2017 Marci Schultz, Arcadia, commented on the number of speakers in attendance who do not live in the City of Arcadia. Diana Mendoza, Atwater Village, opposed the trapping of coyotes. Sean Yung, Santa Clarita, encouraged education, and opposed the trapping of coyotes. Brittany Gustafson, Burbank, opposed the trapping of coyotes. Eric Davis, Altadena, opposed the trapping of coyotes, and urged the City Council to reconsider their decision. Marguerite Dessornes, Altadena, encouraged education, and opposed the trapping of coyotes. Ed McGreevy, Los Angeles, opposed the trapping of coyotes. Nicolas Tomas opposed the trapping of coyotes. Chavona Kirkwood, Monrovia, opposed the trapping of coyotes. Casey Kern, Los Angeles, opposed the trapping of coyotes, and encouraged other humane alternatives. Jean Jarose, Arcadia, commented on the letter she received from the Pasadena Humane Society regarding education; and opposed the trapping of coyotes. Warren Upson, Hollywood, opposed the trapping of coyotes. Maria Cristina Halstead opposed the allocation of money being spent on the trapping of coyotes; she encouraged education. Lisa Lange, Pasadena, encouraged education, and urged the City Council to let the Pasadena Humane Society educate the public. Alexander Charak, Hollywood, encouraged the City Council to use humane methods which he feels would be more effective. Michelle Weidner, Los Angeles, opposed the trapping of coyotes; and encouraged the City Council to find more humane ways to deal with the coyotes. Dominique Margolis, Sierra Madre, encouraged the City Council to find alternative methods to deal with the coyotes. Hal Weiss, Pasadena, opposed the trapping of coyotes at the expense of the taxpayers. Liz Hernandez, Burbank, spoke about a spiritual approach of dealing with the coyotes. Dr. Arnold Newman, Sherman Oaks, opposed the trapping of coyotes; and encouraged education. Kathrina Davidovich, Los Angeles opposed the trapping of coyotes. 4 02-21-2017 Ed Simpson, South Pasadena, opposed trapping coyotes; and suggested the City create an animal commission to research possible solutions. Andrea Brkic, Arcadia, opposed the trapping of coyotes; and encouraged education. Jocelyn Chi, Arcadia, opposed the trapping of coyotes; and encouraged education. Tracy Reiman, South Pasadena, opposed the trapping of coyotes. Janet Raymond, Arcadia, supports the City Council's decision to trap the coyotes. Donna Perez, Arcadia, urged the City Council not to be pressured by animal activists; and asked the City Council to stand firm on their decision to trap the coyotes to protect the residents of Arcadia. Linda Semain, Arcadia, supports the City's Council's decision to trap coyotes. Donna Selby, Arcadia, opposed the trapping of coyotes (submitted pictures); she doesn't feel that trapping would solve the problem; and encouraged a long term plan. Helena Soh, Los Angeles, opposed the trapping of coyotes; and urged the City Council to reconsider their decision. Ashley Frohnert, Los Angeles, opposed the trapping of coyotes; and urged the City Council to come up with more humane methods. Meggan Anderson, Los Angeles, opposed the snare trapping of coyotes; and urged the City Council to reconsider their decision. Vanessa Marsot, Shadow Hills, opposed the trapping of coyotes which she feels would be ineffective; and urged the City Council to consider alternative humane methods. Piotr Walczuk, Pasadena, urged the City Council to reconsider their decision to trap the coyotes. Katie Arth urged the City Council to protect the coyotes, and consider a humane solution to keep the residents of Arcadia safe. Gwendolyn Mathers, Pasadena, encouraged the City Council to reconsider their decision to trap the coyotes; and consider education and other specialized deterrents and ethical alternatives. Rohini Banskota, Arcadia, opposed the trapping of coyotes; and asked the City Council to reconsider their decision. Andrea Adelman, Hollywood, opposed the trapping of coyotes; and urged education. Stephanie Myers, Arcadia, supports the City Council's decision to trap coyotes. Tere Albanese, Pasadena, opposed the trapping of coyotes. Susan Hartland opposed the trapping of coyotes; encouraged education; and urged the City Council to reconsider their decision. 5 02-21-2017 Gordon Penharlow, Arcadia, supports the trapping of coyotes, and encouraged the City Council to stand by their decision to protect the residents of Arcadia. Diana Marmonstein, High Desert, opposed the trapping of coyotes, and encouraged education. Patricia Ancona, Sierra Madre, encouraged education and other humane alternatives instead of trapping the coyotes. Matt Duncan, City of Orange, opposed the trapping of coyotes, and encouraged other humane alternatives. Harold Pick opposed the trapping of coyotes. Angelique, Santa Monica, opposed the trapping of coyotes, encouraged proactive education, and urged the City Council to rescind their decision to trap the coyotes and focus on more humane alternatives. Randal Massaro, Union Member for the Preservation of Wildlife, opposed the trapping of coyotes, and encouraged education. Caroline Blake, Arcadia, opposed the trapping of coyotes, and requested weekly statistics published if the trapping moves forward. Dr. Robert Cooper, Arcadia, opposed the trapping of coyotes. Sara Rosenberg, Arcadia, opposed the trapping of coyotes, and urged the City Council to find alternative methods. Abe Cooper, 7 years old, Arcadia, opposed the trapping of coyotes. Ben Cooper, 11 years old, Foothills Middle School, Arcadia, opposed the trapping of coyotes. Gus Cooper, 9 years old, Arcadia, loves the wildlife and animals, and is opposed to the trapping of coyotes. Matt Bruce, Los Angeles, opposed the trapping of coyotes, and encouraged the City Council to rescind their decision. Dale Bartlett encouraged education, and urged the City Council to reverse their decision to trap the coyotes. Joann Susnar, Arcadia, supports the City Council's decision to trap the coyotes. Randi Feilich, Project Coyote, opposed the trapping of coyotes, and offered Project Coyote to help the City and residents with education. Brad Hiesah, Calabasas, opposed the trapping of coyotes, and urged the City Council to reach out to other organizations to further educate the City and residents. Debbie Priester, Arcadia, supports the City Council's decision to trap coyotes. Diane Perry, Arcadia, supports the City Council's decision to trap coyotes. 6 02-21-2017 Sharon Thomule, Arcadia, supports the City Council's decision to trap coyotes. Rachel Lin, Arcadia, supports the City Council's decision to trap coyotes. David Jallo, Pear Blossom, opposed the trapping of coyotes, and encouraged education. Kenneth Mar, Arcadia, supports the City Council's decision to trap coyotes. Roberta Marquez, Arcadia, opposed the trapping of coyotes. Shu Li, Arcadia, supports the trapping of coyotes, but feels there should be other alternatives. Gail Alexander, Arcadia, supports the trapping of coyotes. Audree Swanson, Arcadia, opposed the trapping of coyotes. Stacy Rudzik, Arcadia, opposed the trapping of coyotes, and would like to see the money spent in other ways that do not torture animals. Karen Suarez, Monrovia, opposed the trapping of coyotes, and urged education. Alice Lun, Arcadia, opposed the trapping of coyotes. (name not given), Glassell Park, opposed the trapping of coyotes. Elizabeth Fife, Pasadena, opposed the trapping of coyotes, and encouraged education. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar item 2.g., a Professional Services Agreement with Animal Pest Management Services, Inc. for Coyote Trapping Services in an amount not to exceed $15,000. AYES: Chandler, Tay, Verlato, and Amundson NOES: Beck ABSENT: None Mayor Beck called a 5 minutes recess at 10:10 p.m. PUBLIC COMMENT Edward Mui, an Arcadia resident, appeared and commented on Consent Calendar item 2.b.; he spoke about the alternative site for the cell tower at El Monte and Palm Avenue and noted that it was missing from the proposed Resolution. Lawrence Papp, an Arcadia resident, appeared and commented on Propositions 47 and 57, and urged the City and elected officials to send letters to the Governor regarding its opposition to the early release programs. William Lee, an Arcadia resident, appeared and indicated that there is no coverage gap in service as claimed by Verizon in Item 2.b. 7 02-21-2017 Raymond Quan, an Arcadia resident, appeared and indicated that a lot of work has gone into opposing the Bell Tower project proposed in Item 2.b, and hopes the City does not rescind their decision to deny the project due to Verizon's threat of litigation against the City. Debbie Priester, an Arcadia resident, appeared and spoke regarding Item 2.b; she indicated that the Diocese of Los Angeles is the owner of The Church of the Transfiguration, and urged the City Council to contact the Diocese regarding this matter since they are the only ones who ultimately have the authority to make the final decision. America Chi, an Arcadia resident, appeared and spoke about Item 2.b; she denied the coverage gap in service as claimed by Verizon, and urged the City Council to not cave into Verizon's threats of litigation. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense[AB 1234]) Council Member Verlato had no comments. Council Member Tay announced that he attended Coffee with the Cop on February 8, and that the Police K9 dog was the main attraction; he further announced that he attended the Arcadia Chinese Association Lunar New Year celebration on February 3; the Arcadia High School Chinese Booster Club Lunar event on February 11 with Mayor Beck; and on February 2, he attended the grand opening of the Food Alley at the Westfield Mall. Mayor Pro Tem Amundson commented on the early release programs of criminals, and the comments made by the Whittier Police Chief regarding Proposition 47 and 57 including Proposition 109; he also commented on the State Water Bond that the citizens voted on back in 2014; he announced that on February 3, he attended the Arcadia Chinese Association Lunar luncheon; that next week is the groundbreaking for the new mixed-use development project near the Gold Line in the downtown area; and on July 1, the Arcadia Downtown Association is having the Patriotic Festival, and encouraged residents to email him regarding their comments on last year's event and what they would like to see different. Council Member Chandler also commented on Proposition 47 and 57, and stated that the system is broken. City Clerk Glasco commented on the great window displays the curator of the Gilb Museum, Dr. Dana Hicks, puts together; and noted that the life of Tony Antista, who created the Arcadia High School fight song that is still used to this day, is displayed in the lobby of the Council Chambers. Mayor Beck mirrored Mayor Pro Tem Amundson's comments regarding Proposition 47 and 57, and suggested that cities get together and propose stiffer penalties to the Governor. City Manager Lazzaretto explained that the City can work with the COG (Council of Governments), other cities and the Police Chief's Association to put forth some legislature. City Attorney Deitsch recommended that the item be brought back to a future City Council meeting for discussion. The City Council unanimously concurred. 8 02-21-2017 Mayor Beck also commented on his decision made regarding Verizon knowing that litigation is probable; he announced that February 24 is the Mayor's Community Breakfast at the Front Runner Restaurant at the Race Track, and indicated that Congressman Adam Schiff will be the guest speaker and will be speaking on Russian Cyber Security; that on March 2 he will be giving the State of the City address at the Embassy Suites in Arcadia; and March 5 is the 626 Golden Street event; and announced that City Clerk Glasco has named the 2017 Citizen of the Year and will be honored on March 28. Mayor Beck noted that Consent Calendar item 2.c was tabled, and item 2.g was already heard. 2. CONSENT CALENDAR a. Special Meeting Minutes of February 1, 2017, and Regular Meeting Minutes of February 7, 2017. Recommended Action: Approve b. Resolution No. 7154 denying the applicant's appeal of Planning Commission Resolution No. 1970, and denying 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. Recommended Action: Adopt c. (pulled and tabled) Contract with All American Asphalt for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue and Sixth Avenue in the amount of $1,077,700. Recommended Action: Approve d. Purchase Order with National Auto Fleet Group for the purchase of one 2017 Freightliner M2 CNG heavy duty dump truck in the amount of $181,273.60. Recommended Action: Approve e. Purchase Order with Rotolo Chevrolet, Inc. for the purchase of one 2017 Chevrolet Volt Hybrid vehicle in the amount of $33,715.24. Recommended Action: Approve f. Accept all work performed by Nobest Inc. for the Baldwin Avenue and Duarte Road intersection improvements as complete. Recommended Action: Approve Regarding Consent Calendar item 2.b, Resolution No. 7154, Page 27, City Attorney Deitsch recommended the following language be added: Additionally, the applicant failed to reasonably demonstrate to the City Council that co-locating a new facility at the existing facility at El Monte and Palm is not feasible, in lieu of the currently proposed location. In response to questioning, the applicant merely stated, without demonstrating a factual foundation, that such an alternate facility would not be sufficient to eliminate the applicant's asserted gap. 9 02-21-2017 It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Item 2.a, and b and 2. d through 2.f. AYES: Tay, Chandler, Verlato, Amundson, and Beck NOES: None ABSENT: None On behalf of the City employees, City Manager Lazzaretto asked Council Member Tay to thank the Arcadia Chinese Association for the donation of gift certificates to the City employees in appreciation for the work they do, and on behalf of all the City employees wished the Chinese Community a Happy Lunar New Year. Mayor Beck also added that he attended a couple of Chinese New Year events with Council Member Tay, which he forgot to mention during his report. ADJOURNMENT Mayor Beck adjourned this meeting at 10:49p.m. March 7, 2017, 6:00 p.m. in the City Council Chamber Conference Room. Mayor of th-.'ty of Arcadia ATTEST: A 1 Chie D:putt' City Clerk/ Reco R Manager 10 02-21-2017