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HomeMy WebLinkAbout05/19/2015ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, MAY 19, 2015 CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE — Peggy Luk and Briana Shen, Arcadia High School Students ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Chandler, Kovacic, Tay and Wuo ABSENT: Council Member Beck A motion was made by Mayor Pro Tern Chandler, seconded by Council Member Tay, to excuse Council Member Beck from this meeting. REPORT FROM CITY ATTORNEY ON STUDY SESSION ITEM City Attorney Deitsch reported that the City Council conducted a Special meeting to hear a report from staff regarding special events in the Downtown Arcadia area, including a patriotic concert, a recurring street market, and a proposed Lunar New Year festival; the City Council also heard staff presentations from staff and sponsors from the proposed events; in addition the City Council received a report from staff and provided certain direction regarding the proposed 2015 -16 Fiscal Year Budget that was continued from the May 5, 2015, City Council Study Session meeting; and that the City Council by motion gave certain direction to staff regarding police staffing at the Westfield Mall. At the request of the City Council, City Attorney Deitsch addressed some erroneous conclusions and opinions which appeared in a newspaper article over the weekend titled "Arcadia Officials violated the California Open Meetings Law "; and indicated that for the following reasons that was simply not true, and feels that in some ways the City exceeded the requirements of the Brown Act which is the Open Meetings Law of California, and also feels that the City acted transparently, under the circumstances. City Attorney Deitsch stated that "(1) the City posted a Notice of Special City Council meeting occurring on April 7, 2015, at which the only agenda item aside from public comments was a Closed Session to discuss the pending litigation captioned Save the Arcadia Highlands v. City of Arcadia, et al.; (2) at the April 7, Special Meeting, public comments were received concerning this litigation prior to going into Closed Session; (3) in open session at the April 7, City Council meeting, the City Attorney publicly announced that the City Council continued, its just concluded Special Meeting Closed Session to May 5, 2015, a Continued Special meeting, so that the City Council can continue the Closed Session discussion; (4) within 24 hours thereafter and beyond the requirements of the Ralph M. Brown Act, City staff posted, in 4 public places where City Council agendas are typically posted, a Notice of Continuance of the April 7, Special Meeting to May 5, at which the Closed Session would be continued, those notices were posted at the City Council Chamber, the entrance of the City Clerk office, the Police Department Emergency Operation Center, and the Arcadia Public Library, and concluded that ample notice was provided then the Brown Act requires; (5) on May 5 at 4:00 p.m. the City Council conducted an 05 -19 -15 open session workshop regarding the 2015 -16 Fiscal Year Budget at which time public comment was allowed and received; (6) immediately following the May 5 City Council open meeting workshop, the City Council reconvened its April 7, Continued Special Meeting and completed the one continued agenda item, which was the Closed Session discussion concerning the previously mentioned pending litigation; and (7) following the completion of that Special Meeting on May 5, the City Council convened its regular May 5 meeting, and in open session at this May 5, regular City Council meeting, the City Attorney reported that among other matters, the City Council in Closed Session voted the following (1) to suspend the zoning code update previously underway until the pending litigation is completed; (2) suspend neighborhood impacts community meetings until the pending litigation is completed; and (3) proceed with a historical survey of the City, but excluding the Highland Oaks area until the pending litigation is completed." City Attorney Deitsch further indicated that "although the Brown Act does not list these actions among those that must be publicly reported following a Closed Session, nonetheless in exceeding the requirements of the Brown Act, the City Council directed the City Attorney to report this anyway. Now those are the facts, of course we do not know what set of facts, and how complete they were that might have been used for purposes of the news article to which I referred to at the beginning of my comments, the article that appeared over the weekend, nor do we know how the questions were phased as posed to the commentator's quoted in the article, we don't know either whether any contrary views of experts were solicited. The most significant error in the article was the portrayal of the City Council's actions as the adoption of 'policies.' The actions which I just recited which were taken in Closed Session and immediately reported in open session were not policy decisions, but instead procedural decisions, more precisely, the City Council merely made procedural decisions concerning the timing of bringing forward to the City Council future policy decisions concerning zoning and historical preservation, all in light of the pending litigation. For example, as part of the Closed Session, the City Council could discuss whether and how the litigation could be affected by the timing of considering policy issues such as zoning and historical preservation. In summary, the City acted as transparently as possible in dealing with this Closed Session litigation matter. The City went beyond the requirements of the Brown Act in publicly reporting on May 5 in open session at the City Council meeting that evening. Procedural and timing decisions made by the City Council concerning when to bring forward future policy issues for City Council consideration concerning zoning and historical preservation. It is certainly fair and appropriate for citizens and government watchers to question and criticize City government. It surely makes for a better community and improved government, however, I think it is also fair and appropriate that such citizens keep an open mind and consider explanations from governmental actions which they criticize from time to time, after all, an understanding of all the facts and of all of the applicable law, it is critical before reaching accurate conclusions and judgments. Having firmly concluded that the City has been in full compliance with the Brown Act, I must report that the City has received correspondence, yesterday, threatening the filing of either a complaint with the District Attorney or a court action concerning alleged Brown Act violations concerning this matter. That is certainly the right of such person or persons to do. The City hopes not to have to spend taxpayer funds to defend a lawsuit that the City believes has no merit. On the other hand, if necessary, as City Attorney I am quite prepared to discuss this matter with the Los Angeles County District Attorney in order to further explain how the City is in full compliance with the law including the Brown Act and has even exceeded the requirements of the Ralph M. Brown Act. I should further note if there is a lawsuit filed against the City, the City could potentially be liable for payment of court costs and reasonable attorney fees to the successful plaintiff, however, Government Code section 64960.5 also provides that "a court may award court costs and reasonable attorney fees to a defendant in any action, bought pursuant to section 64960 and 64960.1 of the Government 05 -19 -15 Code, where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. City Attorney Deitsch concluded that the City firmly believe that any such Brown Act litigation against the City would be lacking in merit, but the City hopes that our community will keep an opened mind and seriously consider the points I have made." SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that the City Council was just handed a letter from the Downtown Arcadia Improvement Association which will be discussed later in open session. 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 Mayor Pro Tern Chandler, to read all ordinances and resolutions by title only and waive the reading in full. Mayor Kovacic allowed public speaker Adam Hsu, Field Representative to Assembly Member Ed Chau, to speak at this time in order to allow him to attend another City Council meeting. Adam Hsu, Field Representative to Assembly Member Ed Chau, appeared and spoke about a Scam Prevention Workshop on June 6, 2015, at the Arcadia Community Center and invited the public to attend. PRESENTATIONS a. Certificates of Commendation to Arcadia High School students Peggy Luck and Briana Shen for winning awards in Congresswoman Judy Chu's Artistic Discovery Awards competition. PUBLIC HEARING a. Consideration of Special Use Permit No. SUP 15 -10 to allow Circus Vargas at the southwest parking lot of Santa Anita Park at 285 W. Huntington Drive, and to allow future Circus Vargas events to be reviewed administratively. Recommended Action: Conditional Approval Assistant City Manager /Development Services Director Kruckeberg and Assistant Planner Baldwin presented the staff report. Mayor Kovacic opened the public hearing. Angela M. Quevedo, a representative of Circus Vargas, appeared and thanked the City Council for allowing Circus Vargas to return to the City of Arcadia. A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Tay, and seeing no further objections, Mayor Kovacic declared the public hearing closed. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Special Use Permit No. SUP 15 -10, to allow Circus Vargas at the southwest parking lot of Santa Anita Park at 285 W. Huntington Drive, subject to the conditions of approval listed in the staff report, and to allow future Circus Vargas events to be reviewed administratively. AYES: Council Member Chandler, Tay, Wuo and Kovacic NOES: None ABSENT: Council Member Beck PUBLIC COMMENTS Mayor Kovacic encouraged speakers have a civil conversation and to focus on specific issues, free from personal attacks. Mayor Kovacic opened the public comment period. Lauren Worsley, a representative of Relay for Life, appeared and provided information regarding Arcadia's Relay for Life on August 1 -2 at the Santa Anita Race Track, and urged the City Council and City staff to attend. Scott Hettrick, Director of the Arcadia Chamber of Commerce, appeared and spoke about the decision made in closed session regarding the suspension of the zoning code update which was announced at the last meeting, and urged the City Council to reconsider pulling out the commercial portion of the zoning code update which he feels could negatively impact the community. David Arvizu, an Arcadia resident, appeared and spoke on behalf of Save the Arcadia Highlands; he urged the City Council to make the notes of the May 5, 2015, Closed Session meeting available to the public, and expressed his disappointment regarding the exclusion of the Highlands area from the historical preservation survey; he read a letter he prepared regarding savethearcadiahighlands.org lawsuit against the City of Arcadia and described the basis for the lawsuit; and requested the City Council set aside the decision made at the May 5, Closed Session meeting and proceed with the zoning code updates, the historical survey of all areas of Arcadia, and conduct meetings of the neighborhood impacts committee; he also indicated that in his letter he noted a 15 day response timeframe, and it is actually 30 days. Arthur Lane, an Arcadia resident, appeared and spoke about water usage enforcement; he questioned the handling of closed session meetings and feels that the Brown Act is not being followed and feels discouraged. Lee Marshall, an Arcadia resident, appeared and indicated that he mirrors what Mr. Lane and Mr. Arvizu spoke about regarding the Brown Act; he asked why the Highlands was excluded from the historical preservation survey; he expressed his disappointment about mansionization and current development in the City; and feels that the City Council has been on the side of the developers and foreign investors, and not on the side of the residents. April Verlato, President of the Downtown Arcadia Improvement Association and the Highland Oaks Architectural Review Board, appeared and indicated that she sent a letter to reconsider putting a hold on the zoning code update; she requested that the City Council reconsider the hold on residential zoning updates as well and feels that it is penalizing the rest of Arcadia; she 05 -19 -15 indicated that she agrees with the other speakers and the real issue needs to be addressed which is a zoning code update is needed to address the houses that are being built. She read a letter from Laurie Thompson, Architectural Review Board Member of the Santa Anita Village Association which expressed her frustration and disappointment with City Council decisions; and hopes that everyone can work together for a solution. John Fick, an Arcadia Highlands resident, appeared and questioned the relationship between the zoning code revisions and the lawsuit; and urged the City Council to explain and reconsider issues that are decided in closed session. Julio Hinojosa, a resident in the Highlands area, appeared and spoke about the construction and demolition in the Highlands area; and questioned the City Council's hidden agenda. Mayor Kovacic commented on Mr. Lane's remarks regarding enforcement of water usage and asked City Manager Lazzaretto or Public Works Services Director Tait to respond. City Manager Lazzaretto explained the enforcement of water usage and explained the citation process, he also commented on the WaterSmart Software on the agenda which would be a tool in which the City could further enhance the Water Conservation program that would provide outreach and education to water consumers, and enhance customer engagement. Public Works Services Department Director Tait provided the telephone number to report water usage violations; and announced watering times as Tuesday, Thursday, and Saturday, no watering between 9 a.m. to 6 p.m. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense CAB 1234]) Council Member Wuo commented on Law Day on May 9, 2015, and thanked the Arcadia Chinese Association, City staff, the volunteer attorneys for their support and participation, and congratulated Mayor Kovacic on a successful event; he thanked the Rotary Club for their Annual Salute to Seniors luncheon on May 12; and announced that on May 23 there will be a dedication of the Gold Line Operations Facility in Monrovia and urged everyone to visit the operations facility. Council Member Tay announced that on May 7, he attended the Wells Fargo Bank ribbon ceremony; he thanked the Chamber of Commerce for promoting the businesses in Arcadia; he noted that he attended the Annual Salute to Seniors luncheon on May 12; he congratulated Jerry and Doris Selmer who were honored as Citizens of the Year for their 40 years of volunteer service to the community; he further announced that he attended the Annual Volunteer Appreciation Breakfast at the Museum, and also "Coffee with the Cops" will be held on May 21 at Methodist Hospital and encouraged everyone to attend. Mayor Pro Tern Chandler commended the Arcadia High School students Briana Shen and Peggy Luk for their accomplishments; he thanked the Rotary Club for the Salute to Seniors luncheon on May 12; and thanked City staff for supporting the Special Olympics; he commented on the "Coffee with Cops" on May 21 and asked Police Chief Guthrie to come up and talk about the different types of topics that are discussed; he also announced the approval of two additional police officers that the City Council approved in the budget study session due to the impacts in the community as a result of crime and Proposition 49 and Assembly Bill 109. 05 -19 -15 Police Chief Guthrie commented on the "Coffee with Cops" program and thanked the City ••. Council and community for supporting the program. City Clerk Glasco announced the Daughters of the American Revolution luncheon held on May 18, the annual Memorial Veteran's Day celebration at the Arcadia County Park hosted by Los Angeles County Supervisor Antonovich on May 23, and invited everyone to attend; and he announced the annual meeting of the Historical Society and elections will be held on May 28. Mayor Kovacic commented on the great turn out for Law Day, he thanked City Attorney Deitsch, Ms. April Verlato, the City Manager's Office staff, and the Arcadia Chinese Association for co- sponsoring the event; and announced Board and Commission openings and encouraged everyone to submit their applications no later than May 28. 2. CONSENT CALENDAR a. Regular Meeting Minutes and Special Meeting Minutes of May 5, 2015. Recommended Action: Approve b. Ordinance No. 2324 amending portions of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in order to update the City's Single- Family Residential Real Estate Sign and Developer- Contractor Sign Regulations. Recommended Action: Adopt C. Contract with American Wrecking, Inc. for Hazardous Materials Abatement and Demolition of buildings at 100 West Huntington Drive. —+ Recommended Action: Find the project Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) and approve the Contract d. Contract with Commercial Coating Company, Inc. dba Commercial Paving and Coating for the City Parking Lot Rehabilitation project at Bonita Park and the City Library. Recommended Action: Approve e. Contract with All American Asphalt for the Pavement Rehabilitation Project on Highland Oaks Drive and Virginia Road. Recommended Action: Approve Professional Services Agreement with Kreuzer Consulting Group, for design services for Downtown City Parking Lot and Pedestrian Access Improvements. Recommended Action: Approve g. Professional Services Agreement with Studio Spectrum, Inc. for video production and broadcast services for City Council meetings. Recommended Action: Approve Extension to the Purchase Order with L.N. Curtis & Sons for structural firefighting coats and pants. Recommended Action: Approve 05 -19 -15 Extension to the Purchase Order with Performance Truck Repair Inc for fire apparatus repairs. Recommended Action: Approve Extension to the Professional Services Agreement with Wittman Enterprises LLC for ambulance billing and collection services. Recommended Action: Approve Revisions to the Classification Specification for Deputy City Clerk. Recommended Action: Approve Amendment to the purchase order with Mity Lite for new chairs for the Community Center. Recommended Action: Approve It was moved by Council Member Tay, seconded by Council Member Wuo, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.1. AYES: Council Member Tay, Wuo, Chandler, and Kovacic NOES: None ABSENT: Council Member Beck Mayor Kovacic announced that on May 28, there will be a Community Open House concerning the Arcadia Transit Service Needs Assessment and Restructuring Plan from 6 -8 p.m. at the Arcadia Library, and encouraged everyone to attend to share ideas about the City's transit service in anticipation of the Gold Line coming through Arcadia. 3. CITY MANAGER a. Resolution No. 7069 settinq service rates for the collection of residential refuse and recyclables pursuant to section 5120.7 of Arcadia Municipal Code. Recommended Action: Find that Resolution No. 7069 is exempt from the requirements of the California Environmental Quality Act; and adopt Resolution No. 7069 Environmental Services Director Vanessa Hevener provided the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to find that Resolution No. 7069 is exempt from the requirements of the California Environmental Quality Act; and adopt the Resolution No. 7069 setting service rates for the collection of residential refuse and recyclables pursuant to Section 5120.7 of the Arcadia Municipal Code. AYES: Council Member Chandler, Tay, Wuo, and Kovacic NOES: None ABSENT: Council Member Beck 05 -19 -15 b. Contract with WaterSmart Software, Inc. to provide water conservation and education software for Arcadia water customers and authorization of an additional appropriation of $92,750 from the Water Fund. Recommended Action: Approve Public Works Services Director Tait provided the staff report. It was moved by Council Member Tay, seconded by Council Member Wuo, and carried on roll call vote to authorize and direct the City Manager to execute a contract with WaterSmart Software, Inc. to provide water conservation and education software for Arcadia water customers and authorization of an additional appropriation of $92,750 from the Water Fund. AYES: Council Member Tay, Wuo, Chandler, and Kovacic NOES: None ABSENT: Council Member Beck ADJOURNMENT Mayor Kovacic adjourned this meeting at 8:47 p.m. in memory of Arcadia residents William C. Longo and Carol Ulrich to Tuesday, June 2, 2015, 6:00 p.m. in the City Council Conference Room. ATTEST: ayo f the ity of Arcadia 8 05 -19 -15