PDF-agenda_city_council_2015-02-03

210 Pages·2015·11.55 MB·English

CITY OF ARCADIA
City Council
Regular Meeting Agenda
Tuesday, February 3, 2015, 6:00 p.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation
in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City
Clerk at [phone]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure
accessibility to the meeting.
CALL TO ORDER
ROLL CALL OF CITY COUNCIL MEMBERS
John Wuo, Mayor
Gary Kovacic, Mayor Pro Tern
Tom Beck, Council Member
Roger Chandler, Council Member
Sho Tay, Council Member
PUBLIC COMMENTS (5 minute time limit each speaker)
Any person wishing to speak before the City Council is asked to complete a Speaker Card and
provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5)
minutes per person, unless waived by the City Council. Under the Brown Act, the City Council
is prohibited from discussing or taking action on any item not listed on the posted agenda.
STUDY SESSION
a. Accept donation to the City; approve travel by delegation of City officials and
employees to China and Taiwan for "Sister City" and other City business purposes;
and appropriate funds to pay for business portion of such travel.
Recommended Action: Accept Donation; Approve Business Travel; and Appropriate
Funds for Business Travel
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel
regarding the case of Margaret Aghili v. City of Arcadia, Does 1 to 25; Los Angeles
Superior Court (Pasadena); Court Case No. GC050852.
b. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel
regarding the case of Orlando Garcia v. City of Arcadia, and Does 1 to 10; U.S.
District (Central) Court; Court Case No. 2:15cv631.
City Council Chamber
7:00 p.m.
CALL TO ORDER
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
John Wuo, Mayor
Gary Kovacic, Mayor Pro Tern
Tom Beck, Council Member
Roger Chandler, Council Member
Sho Tay, Council Member
REPORT FROM CITY ATTORNEY ON STUDY AND CLOSED SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
PRESENTATION
1. PUBLIC HEARINGS
Any person wishing to speak before the City Council on a public hearing item is asked to
complete a Speaker Card noting the agenda item number and provide it to the City Clerk prior to
the start of the public hearing. Separate and apart from the applicant (who may speak longer in
the discretion of the City Council) each speaker is limited to five (5) minutes per person unless
waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing
or taking action on any item not listed on the posted agenda. The applicant may additionally
submit rebuttal comments, in the discretion of the City Council.
You are hereby advised that should you desire to legally challenge in court any action taken by
the City Council regarding any public hearing item, you may be limited to raising only those
issues and objections you or someone else raised at the public hearing or in written
correspondence delivered to the City Council at, or prior to, the public hearing.
a. Continuation of the Appeal of the Planning Commission decision to overturn the
Highlands Homeowners' Association's Architectural Review Board denial and
approve the design plans. an oak tree encroachment permit. and front yard
setback modifications for a new one-story residence at 29 E. Orange Grove
Avenue. (Continued from the January 20. 2015 meeting)
Recommended Action: Deny Appeal and Uphold the Planning Commission
Decision
b. Continuation of the Appeal of the Planning Commission decision to overturn the
Highlands Homeowners' Association's Architectural Review Board denial and
approve the design plans and an oak tree encroachment permit for a new two
story residence at 1600 Highland Oaks Drive. (Continued from the January 20.
2015 meeting)
Recommended Action: Deny Appeal and Uphold the Planning Commission
Decision
PUBLIC COMMENTS (5 minute time limit each speaker)
Any person wishing to speak before the City Council is asked to complete a Speaker Card and
provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5)
minutes per person, unless waived by the City Council. Under the Brown Act, the City Council
is prohibited from discussing or taking action on any item not listed on the posted agenda.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the
City Council related to meetings attended at City expense [AB 1234])
2. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on
by one roll call vote. There will be no separate discussion of these items unless a member of the
City Council, staff, or the public requests that a specific item be removed from the Consent
Calendar for separate discussion and action.
a. Regular Meeting Minutes of January 20. 2015.
Recommended Action: Approve
b. Resolution No. 7057 declaring that weeds. rubbish and refuse upon or in front of
specified property in the City are a seasonal and recurrent public nuisance. and
declaring its intention to provide for the abatement thereof.
Recommended Action: Adopt
c. Extension to the Contract with John L. Hunter and Associates. Inc. for inspection.
monitoring, and management support for the Municipal NPDES (Stormwater) and
Industrial Waste programs in the amount of $90.265.
Recommended Action: Approve
d. Extension to the purchase order with West-Lite Supply Company, Inc. for the
purchase of electrical lighting and accessories in the amount of $46,575.
Recommended Action: Approve
e. Purchase new chairs and chair carts for the Arcadia Community Center in an
amount not to exceed $35,000.
Recommended Action: Approve
ADJOURNMENT
The City Council will adjourn this meeting in memory of Gary Dimkich, a long-time Arcadia
resident to Tuesday, February 17, 2015, 6:00 p.m. in the City Council Chamber Conference
Room.
Welcome to the Arcadia City Council Meeting!
The City Council encourages public participation, and invites you to share your views on City business.
MEETINGS: Regular Meetings of the City Council are held on the first and third Tuesday of each month at 7:00 p.m. in
City Council Chambers. A full City Council agenda packet with all backup information is available at City Hall, the Arcadia
Library, and on the City's website at www.ArcadiaCa.gov. Copies of individual Agenda Reports are available via email
upon request ([email protected]). Documents distributed to a majority of the City Council after the
posting of this agenda will be available for review at the Office of the City Clerk, 240 W. Huntington Drive, Arcadia,
California. Live broadcasts and replays of the City Council Meetings are on cable television. Your attendance at this
public meeting may result in the recording and broadcast of your image and/or voice as previously described.
CITIZEN PARTICIPATION: Your participation is welcomed and invited at all City Council meetings. Time is reserved at
each regular meeting for those in the audience who wish to address the City Council. The City requests that persons
addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks. Where possible,
please submit a Speaker Card to the City Clerk prior to your comments, or simply come to the podium when the Mayor
asks for those who wish to speak, and state your name and address (optional) for the record. Please provide the City
Clerk with a copy of any written materials used in your address to the City Council as well as 10 copies of any printed
materials you would like distributed to the City Council. The use of City equipment for presentations is not permitted.
MATTERS NOT ON THE AGENDA should be presented during the time designated as "PUBLIC COMMENTS."
In general, each speaker will be given five (5) minutes to address the City Council; however, the Mayor, at his/her
discretion, may shorten the speaking time limit to allow all speakers time to address the City Council. By State
law, the City Council may not discuss or vote on items not on the agenda. The matter will automatically
be referred to staff for appropriate action or response or will be placed on the agenda of a future meeting.
MATTERS ON THE AGENDA should be addressed when the City Council considers that item. Please indicate
the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you
may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may
shorten the speaking time limit to allow all speakers to address the City Council.
PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired.
Separate and apart from the applicant (who may speak longer in the discretion of the City Council), speakers shall
be limited to five (5) minutes per person. The Mayor, at his/her discretion, may shorten the speaking time limit to
allow all speakers to address the City Council. The applicant may additionally submit rebuttal comments.
AGENDA ITEMS: The Agenda contains the regular order of business of the City Council. Items on the Agenda have
generally been reviewed and investigated by the City Staff in advance of the meeting so that the City Council can be fully
informed about a matter before making its decision.
CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the City Council and will
be acted upon by one motion. There will be no separate discussion on these items unless a member of the City Council,
Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and
acted on separately.
DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s)
of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly
conduct of the proceedings, including but not limited to, conduct that prevents other members of the audience from being
heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the
proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may
reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to
adhere to the City's policy barring harassment based upon a person's race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or
such member or members of the Police Department, shall serve as the Sergeant-at-Arms of the City Council meeting.
The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of
maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be
placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable
Arcadia Municipal Code section.
STAFF REPORT
Office of the City Attorney
DATE: February 3, 2015
TO: Honorable Mayor and City Council
FROM: Stephen P. Deitsch, City Attorney
SUBJECT: ACCEPT DONATION TO THE CITY; APPROVE TRAVEL BY
DELEGATION OF CITY OFFICIALS AND EMPLOYEES TO CHINA AND
TAIWAN FOR "SISTER CITY" AND OTHER CITY BUSINESS
PURPOSES; AND APPROPRIATE FUNDS TO PAY FOR BUSINESS
PORTION OF SUCH TRAVEL
Recommended Action: Accept Donation; Approve Business Travel;
and Appropriate Funds for Business Travel
SUMMARY
The City has been offered a donation, but staff has not confirmed the amount of the
donation or the exact name of the donor or donors at the time of this writing. Staff will
provide donor information and the amount of the donation at the City Council Study
Session on February 3, 2015. If accepted, the donation may be placed in the general
fund and will be available for any use by the City. The City Council may use funds from
the donation to send representatives to China and Taiwan for "sister city" and other City
business purposes. The City Council may authorize City officials to travel to China and
Taiwan to meet with officials to explore establishing a sister city relationship and to
obtain information on local governmental services, residential design and culture in
these countries.
BACKGROUND
The City Council may authorize business travel to China and Taiwan to formulate a
sister city relationship with cities in these countries. The sister city concept was
developed by President Eisenhower as part of a citizen diplomacy initiative as a way for
communities in different countries to connect through shared cultural and diplomatic
relations. Section 37110 of the California Government Code specifically authorizes
cities to expend funds in furtherance of sister city relationships, and many cities across
the state have sister cities.
Acceptance of Donation
February 3, 2015
Page 2 of 3
The countries of China and Taiwan have a unique connection to the City of Arcadia
because more than 50% of the City's population is of Chinese or Taiwanese heritage.
Mayor Wuo has been in discussions with the consulates for both China and Taiwan,
who have been seeking out cities that share similar demographics or other matters of
common interest with the City. The City Council may consider authorizing a delegation
of city officials to travel to such cities for a diplomatic meeting with officials from those
cities. In addition to meeting with foreign local officials to discuss the sister city
relationship, City officials will also study the nature of local governmental services,
including land use planning and design, code enforcement, police services, and other
relevant city services. The City Council may also authorize the delegation to visit other
cities and local city officials to learn about the culture and customs of these regions. The
goal is for City officials to obtain information and understanding that will allow for better
provision of services to the City's population.
The City's expense reimbursement policy generally authorizes the advance payment of
expenses for educational or informational meetings and allows for reimbursement
related to transportation, lodging, meals, baggage handling fees, and reasonable and
customary gratuities incurred while conducting City business. The City Council will need
to find that all travel expenditures for the sister city and other business travel are
consistent with this policy. The City will not pay, advance, or reimburse for any
unauthorized expenditures under the expense reimbursement policy, including
expenditures for personal expenses, entertainment expenses, or alcohol. The City will
determine the scope of the travel that will constitute the conduct of City business and
will be subject to reimbursement. Because these travel expenditures are not part of the
current budget, the City Council must make an appropriation for all travel-related
expenditures pertaining to City business. Staff will recommend an amount for the
appropriation at the City Council Study Session. The City Council must also ultimately
identify and approve the officials and employees that will form the delegation.
The initial authorization of the travel, determination of the delegation, determination of
the length of the travel, and an appropriation of funds will be necessary for the initial
travel planning, including reservations of flights, other transportation, and lodging.
Approval of the specific itinerary may follow at a later time.
FISCAL IMPACT
The fiscal impact of the donation will be provided at the Council Study Session; the
entire amount of the donation will be placed into the City's general fund. The fiscal
impact of appropriation for travel expenditures has yet to be determined but will be an
amount recommended at the City Council Study Session after staff confirms the
estimated costs.
Acceptance of Donation
February 3, 2015
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council accept the donation to the City; approve City
officials and employees travel to China and Taiwan for "Sister City" and other City
business purposes; and appropriate funds to pay for business portion of such travel.
Approved:
.--J: ~~·.· ~~,
.· -
Domini~
City Manager
STAFF REPORT
Development Services Department
DATE: February 3, 2015
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
SUBJECT: CONTINUATION OF THE APPEAL OF THE PLANNING COMMISSION
DECISION TO OVERTURN THE HIGHLANDS HOMEOWNERS'
ASSOCIATION'S ARCHITECTURAL REVIEW BOARD DENIAL AND
APPROVE THE DESIGN PLANS, AN OAK TREE ENCROACHMENT
PERMIT, AND FRONT YARD SETBACK MODIFICATIONS FOR A NEW
ONE-STORY RESIDENCE AT 29 E. ORANGE GROVE AVENUE
(CONTINUED FROM JANUARY 20, 2015 MEETING)
Recommendation: Deny the Appeal and Uphold the Planning
Commission Decision
SUMMARY
At the January 20, 2015 meeting, the City Council held a public hearing to consider an
appeal of the Planning Commission's decision to overturn the Highlands Homeowners'
Association's denial of a proposed new residence at 29 E. Orange Grove Avenue.
Applications also included a modification to the front yard setback requirement, and an
encroachment into a healthy oak tree. The case numbers for the project are HOA 14-05,
MP 14-21, and TRE 14-65.
At the January 20 public hearing, the City Council heard a staff presentation on the
matter and took testimony from the public on the subject applications. In addition, the
City Council received information in writing from the public. One item received was a
letter from the law offices of Chatten-Brown & Carstens outlining arguments related to
compliance with the California Environmental Quality Act ("CEQA"), among other
arguments. This document was provided to the City Council in a supplemental packet,
following the release of the agenda materials, and the City did not have time to prepare
a response to the document prior to the public hearing. As a result, the City Council
chose to continue the public hearing on the item to the February 3, 2015, meeting.
Attached to this Staff Report is a response from Best Best and Krieger to the Chatten
Brown & Carstens letter, as well as additional information received since the January 20
public hearing. This information will be discussed at the upcoming public hearing. Also
attached is the information that was provided prior to the January 20 public hearing, the
Appeal of Planning Commission Decision
29 E. Orange Grove Avenue
February 3, 2015
Page 2 of 2
original Staff Report for the January 20 hearing, and all relevant attachments to the
original Staff Report.
RECOMMENDATION
It is recommended that the City Council deny the appeal and uphold the Planning
Commission decision.
Approved:
.--,: ~~··. ·.··· ... _.~=-
Domini~
City Manager
Attachments:
Letter from Best Best and Krieger dated January 28, 2015 in response to Chatten
Brown Letter dated January 14, 2015
Chatten-Brown & Carstens letter dated January 14, 2015
Appeal Letter from April Verlato dated January 15, 2015 and Correction to this letter
Certificate of Demolition (COD No. 14-167) for 29 E. Orange Grove
Letter from Bruce McCall um in favor of the Planning Commission's decision
January 20, 2015 City Council Staff Report
Architectural Plans
**All materials included for the January 20, 2015 City Council public hearing, including
all supplemental information, are available at the City's website and at the City Clerk's
office.
**The Single-Family Residential Design Guidelines (City Council Resolution No. 6665),
and City Council Resolution No. 6770 are available at the City Clerk's Office and on the
City's website.
IElk
Indian Wells Sacramento
[phone] [phone]
BEST BEST & KRIEGER~
Irvine San Diego
[phone] ATTORNEYS AT LAW [phone]
Los Angeles Walnut Creek
[phone] [phone]
2855 E. Guasti Road. Suite 400, Ontario, CA 91761
R(9i5v1e)r s6id8e6 -1450 Phone: [phone] I Fax: [phone] I www.bbklaw.com W(2a0s2h)in 7g8to5n-0. 6D0C0
Stephen P. Deitsch
[phone]
[email protected]
File No. 24347.00600
January 28, 2015
Dominic Lazzaretto, City Manager
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91006
Re: Appeal No. HOE 14-5 -29 E. Orange Grove Avenue: California
Environmental Quality Act Claims
Mr. Lazzaretto:
At your request, we have reviewed the California Environmental Quality Act (CEQA)
claims of Appellant April A. Verlato and her legal counsel, the firm of Chatten-Brown &
Carstens LLP, as they pertain to Appeal No. HOA 14-05, an appeal of the Planning
Commission's decision to approve the development permits for the property located at E. Orange
Grove Avenue (Project). Based on our review of the claims, we have concluded that it is
appropriate to exempt the Project, a proposed single family home, from further environmental
review pursuant to State CEQA Guidelines section 15303, an exemption which expressly
includes single-family residences.
Ms. Verlato and her legal counsel (collectively referred to as Appellant) raise multiple
objections to the City's determination that the Project is exempt from CEQA, each of which we
address below.
Cumulative Impacts
Appellant asserts that the Project should not be found exempt from CEQA because it will
result in significant cumulative impacts from multiple projects of the same type. (State CEQA
Guidelines§ 15300.2(b).) Specifically, Appellant asserts that the City's "approval of plans for
nearly 30 homes" in Arcadia Highlands since 2012 will, if the Project is approved, result in
cumulative impacts related to increased population density, aesthetics, traffic generation, noise
and other environmental topics because these homes have "footprints that are two to three times
the surface area of existing home footprints" and are "meant to serve multiple or extended
families" with "multiple kitchens and multiple entrances." (January 14, 2015 Letter to City
Council from Chatten-Brown & Carsten LLP.)
However, as approved by the Planning Commission, the Project, as conditioned, is
consistent with the City's planning and zoning laws for the Project site and overall area and thus
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