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Home My WebLink About03/21/2017 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, MARCH 21, 2017 REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER — Mayor Beck called the regular meeting to order at 7:02 p.m. INVOCATION — Reverend Terry Keenan, The Santa Anita 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 Special Closed Session Meeting to consider the items listed on the posted agenda, he described Item "a" as pending litigation, no reportable action taken; Item "b" as anticipated litigation, no reportable action taken; and Item "c", no reportable action taken. City Attorney Deitsch announced that the City Council has authorized and directed him to read the following statement, although not required by law: On February 21, 2017, the City Council adopted a Resolution in effect denying an appeal by Verizon Wireless from a Planning Commission decision, and further denying a conditional use permit and related matters sought by Verizon for a certain cell tower at The Church of the Transfiguration property at 1881 So. First Avenue. The deadline for Verizon to file a complaint in State court seeking to overturn the City Council decision is May 22, 2017, and the corresponding deadline is March 22, 2017, to file a Federal court complaint. By letter dated February 28, 2017, Verizon requested tolling the deadline for filing a Federal court action to match the State court filing deadline of May 22, 2017. Verizon indicated that in the meantime, it is analyzing whether or not to file litigation. In closed session discussing potential litigation under the Ralph M. Brown Act held on March 7, 2017, the City Council approved tolling the deadline for filing a Federal court complaint to match the State court deadline of May 22, 2017, with the hope that Verizon will determine that it is not worthwhile to file litigation in either State or Federal court. It should be noted that this tolling does not allow Verizon to expand the record in this matter, since the record has been closed. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated there was no supplemental agenda information. 1 03-21-2017 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Tay, and seconded by Council Member Chandler to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARING a. Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act ("CEQA"), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City's property maintenance and nuisance abatement regulations. Recommended Action: Introduce Assistant City Manager/Development Services Director Kruckeberg, and Community Development Administrator Kasama presented the staff report. In response to City Council comments, City Attorney Deitsch suggested a change to Section 9406.3, sub-section D, to add to the first sentence "The property owner shall pay a registration fee at the time of registration in an amount set forth by resolution adopted by the City Council from time to time." Mayor Beck opened the public hearing. David Ligon, an Arcadia resident, appeared and expressed his support of Ordinance No. 2346; he suggested the City esatablish a grace period before implementing the ordinance, and also suggested online registration; he noted that in Section 9402.1. the word "his" should be changed to be gender neutral; and noted that if abatement of a property becomes necessary, that the City obtain bids; and he thanked the City Council and staff who worked on the ordinance. 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. In response to Mr. Ligon's recommendation regarding the gender neutral word in Section 9402.1, City Manager Lazzaretto recommended the word "his" be changed to "their." It was moved by Council Member Chandler , seconded by Council Member Tay, and carried on roll call vote to introduce Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act ("CEQA"), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City's property maintenance and nuisance abatement regulations, as amended by City Attorney Deitsch, and City Manager Lazzaretto. AYES: Chandler, Tay, Verlato, Amundson, and Beck NOES: None ABSENT: None 2 03-21-2017 PUBLIC COMMENTS Mary Bachmeier, representing Arcadians Against Residential Towers ("AART"), appeared and commented on the Verizon tolling agreement that extended the lawsuit filing deadline to May 22, 2017; she presented AART's objections on the Verizon cell tower matter; she expressed her gratitude to the City Council, Planning Commission, and staff for taking the time to listen to the residents, and making a decision that was in the best interest of the City. In response to Ms. Bachmeier's inquiry if Verizon does not file a lawsuit by May 22, 2017, Mayor Beck asked City Attorney Deitsch to respond. City Attorney Deitsch responded that if Verizon does not file litigation by May 22, 2017, the City's decision would be final; however, they can file a new application. Ken Obst, an Arcadia resident, appeared and commended the City Council on their handling of the Verizon matter, because the right questions were asked; he thanked the City Council for denying the application, and again commended the City Council for thinking outside the box. Kathy Yamane, an Arcadia resident and candidate for Arcadia Unified School District School Board, appeared and introduced herself, and provided her qualifications for being a school board member. Teri Muse, representing Waste Management, appeared and presented the City with a paint care reimbursement check for all of the used paint that was returned through the "At Your Door Program." Mimi Quan, an Arcadia resident, appeared and questioned the parking situation at The Church of the Transfiguration; she noted that they would like to know the number of required parking spaces allowed, and feels that it is their right to know; and wanted to know if the 1993 resolution can be amended to include the accurate number of parking spaces required. Katie Moy, a member of AART, appeared and expressed AART's gratitude for listening to the residents; she provided facts on the relocation of the cell tower; and urged the City Council not to settle with Verizon. 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 thanked Mr. Obst for his comments; he noted that Senate Bill 54 relating to sanctuary cities is not good for Arcadia; and noted a coyote attack of a couple of dogs on March 10. Council Member Chandler noted that he has used the paint pick up program in the past and it is a good program. Council Member Tay announced that next Wednesday the Chamber of Commerce will be having its installation dinner, and they will be recognizing Gene Glasco as Citizen of the Year; and urged everyone to get out and vote in the Arcadia Unified School District Board election on Tuesday, April 18. 3 03-21-2017 Council Member Verlato announced Planning Commission items that were discussed at their last meeting; she indicated that the Recreation and Parks draft Master Plan is currently being reviewed by the Commission, and will be before the City Council in the next few months; and also announced that Arcadia Unified School District Measure A passed. City Clerk Glasco announced the City Clerk's office is accepting ballots for the Arcadia Unified School District Board election; and the City Clerk's office is also accepting applications for boards and commission through May 25. Mayor Beck announced that he will be flying to Sacramento in the morning with City Manager Lazzaretto to lobby on the Tucker Bill horse racing issue; he noted that on March 10, he read books to the students at Hugo Reid Elementary school; that April 8, is Derby Day, and explained the friendly competition between the various City departments for the annual 5k run; and thanked Waste Management for the reimbursement check for the paint pick up program. 2. CONSENT CALENDAR a. Regular Meeting Minutes of March 7, 2017. Recommended Action: Approve b. Professional Services Agreement with Architectural Resources Group, Inc. to provide Historic Preservation consulting services; and a supplemental budget appropriation in the amount of $29,750. Recommended Action: Approve c. Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the Municipal Stormwater and Industrial Waste Programs in the amount of$94,827. Recommended Action: Approve d. Contract with Vasilj, Inc. for the Miscellaneous Sewer Main Repair Project in the amount of$44,650. Recommended Action: Approve e. Contract with T.E. Roberts, Inc. for the Valve Replacement Project on Santa Anita Avenue in the amount of $251,242. Recommended action: Approve f. Purchase Order with Yamada Enterprises for Phase I of new furniture for public areas of the Arcadia Library in the amount of$53,069.60. Recommended Action: Approve g. Purchase Order with Tyler Technologies for technical support and maintenance of the EnerGov Software System in the amount of$43,512. Recommended Action: Approve h. Accept all work performed by Vincor Construction, Inc., for the installation of electrical lighting equipment at the Arcadia Par 3 Golf Course as complete. Recommended Action: Approve 4 03-21-2017 Waive expenses related to traffic control services for the Santa Anita Derby Day 5K Run and Walk to be held on April 8, 2017. Recommended Action: Approve Council Member Verlato requested Consent Calendar Item 2.h be pulled for discussion. 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 through 2.g, and 2.i. AYES: Tay, Chandler, Verlato, Amundson, and Beck NOES: None ABSENT: None In response to Council Member Verlato's inquiry regarding the purchase of chairs for the Library, City Manager Lazzaretto and Library and Museum Services Director Darlene Bradley clarified the types of chairs and workstations being purchased. It was moved by Council Member Verlato, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 2.h. AYES: Verlato, Tay, Chandler, Amundson, and Beck NOES: None ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting at 8:28 p.m. in memory of Retired Arcadia Police Department Captain Charles Schneiders to April 4, 2017, 6:00 p.m. in the City Council Chamber Conference Room. Mayor of the City o rcadia ATTEST: bftcL ut CityClerk/ puty Records Manager V 5 03-21-2017