Loading...
HomeMy WebLinkAbout02/03/2015CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, FEBRUARY 3, 2015 Mayor Wuo called the Study Session to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay and Wuo PUBLIC COMMENTS April Verlato, an Arcadia resident, appeared and asked several questions regarding the China and Taiwan trip by City officials and employees including the two donations; and stated that it was not a good time to travel to China. 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 City Manager Lazzaretto explained the purpose of the travel to China and Taiwan by City officials and employees, and the two $10,000 donations, which he indicated may be deposited into the City's General Fund and used for any governmental purpose, including travel purposes; he advised that the City Council may authorize business travel by City officials and employees 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; and accept the two $10,000 donations. It was moved by Council Member Chandler, seconded by Mayor Pro Tern Kovacic, and carried on roll call vote to accept the donation of $20,000; approve business travel to China /Taiwan by City officials and employees for "Sister City" and other City business purposes; and appropriate funds for business travel. AYES: Council Member Chandler, Kovacic, Beck, Tay, and Wuo NOES: None The Study Session ended at 6:26 p.m. 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. The Closed Session ended at 7:00 p.m. Page 1 of 7 CITY COUNCIL REGULAR MEETING CALL TO ORDER — Mayor Wuo called the regular meeting to order at 7:00 p.m. INVOCATION — Mayor John Wuo PLEDGE OF ALLEGIANCE - Jason Kruckeberg, Assistant City Manager /Development Services Director ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay, and Wuo REPORT FROM CITY ATTORNEY ON STUDY AND CLOSED SESSION ITEMS City Attorney Deitsch reported that a Study Session was conducted prior to the regular meeting to hear a report from staff to accept a donation to the City; approve travel by a delegation of City officials and employees to China and Taiwan for "Sister City" and other City business purposes; and appropriate funds to pay for the business portion of such travel; and announced that on motion by Council Member Chandler, seconded by Mayor Pro Tern Kovacic, the City Council unanimously (5 -0) approved the acceptance of two $10,000 donations, for a total of $20,000 from two separate business entities for deposit into the City's General Fund to pay for the business portion of such travel by a delegation of City officials and employees to China and Taiwan for "Sister city" and other City business purposes. City Attorney Deitsch further reported that the City Council met in Closed Session prior to the regular meeting to consider the two items listed on the posted agenda under Closed Session regarding pending litigation; and that no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated there was no supplemental agenda information. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Tay, to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATION 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 Page 2 of 7 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 Assistant City Manager /Development Services Director Kruckeberg presented the staff report. At the direction of the City Council at its January 20, 2015, City Council meeting, City Attorney Deitsch responded to issues raised by Appellant's attorney Michelle Black in her letter dated January 14, 2015. City Attorney Deitsch responded that the new development in the Highlands Oak area is in compliance with the City Zoning Codes and should be exempt from CEQA. City Attorney Deitsch also responded that according to the Political Reform Act, a campaign donation by a developer to a City Council Member does not constitute income as referenced by a speaker at the January 2, 2015, City Council meeting. City Attorney Deitsch reminded the audience why they were in attendance at the meeting and the importance of staying focused on the matter; he advised them not to make it a personality issue, and explained the Brown Act process which governs the conduct of the meeting. Mayor Wuo re- opened the public hearing. April Verlato, the Appellant and a Member of the Highland Oaks Architectural Review Board, appeared and expressed her disagreement with the City Attorney's comments; and indicated that she believes the development plan does not comply with the Resolution No. 6770 and CEQA. George Voight, the Developer, appeared and indicated that he had nothing to add regarding the CEQA matter. Ray Pearson, a resident on Alta Oaks Drive, appeared and expressed his disappointment on how the City handled this project. Tim Burch, a resident of the Highlands, appeared and expressed his concerns about the impacts of the development that are not typical in that area. John (inaudible), an Arcadia resident, appeared and expressed his opposition of the proposed project. Olga Hassler, an Arcadia resident, appeared and expressed her opposition to the project. Deborah Lewis, an Arcadia resident, appeared and expressed her support of the project. John Uniack, Chair of the Highland Oaks Architectural Review Board, appeared and expressed his concerns with the process and urged the City Council to listen to the public. Page 3 of 7 Roy McMeen, a resident on Hill Green Place, appeared and expressed his opposition to the proposed new home. David Logan, an Arcadia resident, appeared and expressed his opposition to the use of CEQA in issues like this and agrees with the City Attorney's comments; and explained that he is in favor of responsible development, but opposed to how things change the neighborhood. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to deny the appeal and uphold the Planning Commission decision. AYES: Council Member Chandler, Tay, Beck, and Wuo NOES: Mayor Pro Tern Kovacic 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 Assistant City Manager /Development Services Director Kruckeberg presented the staff report. At the direction of the City Council at the January 20, 2015, City Council meeting, City Attorney Deitsch responded to issues raised by the Appellant's attorney Michelle Black in her letter dated January 14, 2015; and confirmed that 1600 Highland Oaks Drive was not listed in the California Historical Resources. Mayor Wuo opened the public hearing April Verlato, the Appellant and Member of the Highland Oaks Architectural Review Board, appeared and noted the proposed home is next door to her; she suggested that everyone read Resolution No. 6770; that she supports responsible and reasonable development; and stated that she received over 436 signatures opposing the project. Tom Bowden, the Developer, appeared and stated that he agrees with staff and the Planning Commission's recommendation; and commented on the rendering and the mature trees that are staying on the property. Robert Tong, an Arcadia resident appeared and explained that he and his family are in agreement with the Architectural Review Board's decision. Roy Oldencamp, Vice President of the West Hollywood Preservation Alliance, appeared and commented on the beautiful architecture in Arcadia; and recommended the City Council conduct an historical resource survey to identify the historic properties in the City. Page 4of7 Carolyn Papp, an Arcadia resident, appeared and spoke about the moratorium in Monrovia and Sierra Madre; and suggested Arcadia do the same. Chris Seymour, an Arcadia resident, appeared and indicated that he lives next door to the proposed project and objects to it; he urged the City Council to deny the project; and suggested the City should be promoting remodeling of homes, not demolishing them. Roy McMeen, an Arcadia resident, appeared and expressed his concerns on how the City handled this development; he suggested placing a moratorium in place so that a study can be made, on how traffic has been increased in that area; and he thanked Mayor Pro Tern Kovacic for opposing the development. Gary Thomas, an Arcadia resident, appeared and expressed his disagreement on how the City is allowing the Highland Oaks neighborhoods to become something that they are not designed to be; and suggested the City learn from neighboring cities how to handle the new development. Deborah Lewis, a resident in the Highlands, appeared and expressed her support of the project. Laurie Gomez, an Arcadia resident, appeared and questioned whether the Architectural Review Board was an extension of the City. April Verlato, the Appellant, thanked the City Council for allowing the residents to express their differences of opinion; and commented that what they are doing is about following the law and property rights. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tern Kovacic, and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to deny the appeal and uphold the Planning Commission decision. AYES: Council Member Chandler, Tay, and Wuo NOES: Council Member Beck and Mayor Pro Tern Kovacic Mayor Wuo called for a recess at 9:39 p.m.; and reconvened at 9:45 p.m PUBLIC COMMENTS Mr. Papp, an Arcadia resident, appeared and suggested the City Attorney hold a Study Session with the City Council regarding how to deal with the initiative process. Tim Burch, an Arcadia resident, appeared and expressed how much he appreciates the hard work of the City Council; and reminded City Council Members that they should hold themselves to a higher standard. Page 5of7 REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense CAB 1234]) At the request of Mayor Pro Tern Kovacic, Assistant City Manager /Development Services Director Kruckeberg provided information regarding the upcoming Zoning Code Update meeting on February 26, 2015, and commented on the importance for the public to attend. Mayor Pro Tern Kovacic announced that volunteers are needed at Methodist Hospital; and that the City Council received an Honorary Service Award from the City of Arcadia Council PTA. Council Member Tay commented on the City Zoning Code; he announced that he attended the Independent Cities Association conference with Mayor Wuo and Council Member Chandler; he commended the Santa Anita Oaks HOA for their efforts in promoting neighborhood watch for vacant properties; he believed that a good neighborhood is to help your neighbors by establishing good communication; he expressed his willingness to support the Santa Anita Home Owners Association "Know Your Neighbors Campaign "; and announced the upcoming event at the Chamber of Commerce on February 5 where Sara Somogyi, the Park and Recreation Department Director will be the speaker. Council Member Beck stated that he hoped the Architectural Review Board in the Highlands and the contractors /builders will work together; he hopes the residents work together to keep the city beautiful; and added that the City has code enforcement officers that are available to assist, if needed. Council Member Chandler shared his experience when he attended the Independent Cities Association conference; and remembers that the topics were primarily about law enforcement matters, and suggested the Police Chief attend. City Clerk Glasco shared some events of the Historical Society, he mentioned that this past Thursday, Eugene Moy was the guest speaker and the topic was Chinese History of Los Angeles and San Gabriel Valley; he commented on the beautiful performance by Emily Zhang who played the flute, and Arnold Lee who demonstrated Tai Chi; and announced the Chinese New Year celebration hosted by the Arcadia Chinese Association on February 21 at the Community Center. Mayor Wuo thanked all the speakers and Council Members for their comments and opinions; he also announced that he attended the Independent Cities Association conference, and commented on the impact of the K -Rail project for the cities that are affected. Page 6 of 7 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 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 It was moved by Council Member Tay seconded by Mayor Pro Tern Kovacic and carried on roll call vote to approve Consent Calendar Items 2a through 2e. AYES: Council Member Tay, Kovacic, Beck, Chandler, and Wuo NOES: None ADJOURNMENT The City Council will adjourn this meeting at 10:10 p.m. 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. / ATTEST: ity Cler Page 7 of 7 of the City of Arcadia