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HomeMy WebLinkAbout06/02/2015ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JUNE 2, 2015 Mayor Kovacic called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay and Wuo PUBLIC COMMENTS — No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Save the Arcadia Highlands v. City of Arcadia, City Council of the City of Arcadia, and Does 1 through 10; and Robert Tong, Bowden Development, Inc., 29 East Orange Grove Avenue, LLC, and Does 11 through 25; Los Angeles Superior Court (Central District — Stanley Mosk Courthouse); Court Case No. BS154327. b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding potential litigation — one (1) case. No reportable action was taken. The Closed Session adjourned at 6:50 p.m. 06 -02 -15 CITY COUNCIL REGULAR MEETING CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — The Reverend Julie D. Bryant, Church of the Transfiguration PLEDGE OF ALLEGIANCE — Jean Voznick, Arcadia Beautiful Commissioner ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Tay, Wuo, Chandler, and Kovacic REPORT FROM CITY ATTORNEY ON THE CLOSED SESSION ITEM City Attorney Deitsch 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; no reportable action was taken. City Attorney Deitsch stated that, "The City firmly believes that it fully complied with the Ralph M. Brown Act regarding actions taken in Closed Session of the Continued Special City Council Meeting on May 5, 2015, as immediately reported in open session of the regular City Council meeting that evening. However, the City has received a letter dated May 18, 2015, from Mr. David Arvizu alleging a Brown Act violation concerning that. The Brown Act permits a legislative body, while insisting that there is no Brown Act violation, to take action within 30 days to rescind an earlier action and then to reconsider adopting it in order to avoid litigation." City Attorney Deitsch posed the following question to the City Council Members for purposes of addressing a possible future agenda item: "As we do whenever seeking Council concurrence to add a future agenda item, we look around the dais and ask the Council Members by a show of hands whether a majority of you would agree to place on the agenda for the June 16, City Council meeting, this action that I just described for the possibility of rescinding the action taken in closed session on May 5, and then a possible action to either readopt or adopt some variation of what was done in Closed Session." The City Council concurred. City Attorney Deitsch confirmed that an item will be placed on the June 16, City Council agenda. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that the presentation of the Arcadia Beautiful Awards was inadvertently left off the agenda, and indicated that the presentations are ready and homeowners are present to accept their awards. Mayor Kovacic added the item as (b) under Presentations. 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. 06 -02 -15 PRESENTATIONS a. Presentation of Certificates to Arcadia High School Orchestras, Choirs and Orchesis Dance Company for their outstanding performances in Florida. b. Presentation of Arcadia Beautiful Awards PUBLIC HEARING a. Adoption of the 2015 -16 Fiscal Year Budget. Resolution No. 7072 adopting a budget for Fiscal Year 2015 -16 and appropriating the amounts specified therein as expenditures from the Funds. Recommended Action: Adopt Resolution No. 7073 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2015 -16 through 2019 -20. Recommended Action: Adopt City Manager Lazzaretto provided an overview of the 2015 -16 Fiscal Year Budget and Capital Improvement and Equipment Plan for Fiscal Years 2015 -16 through 2019 -20. Mayor Kovacic opened the public hearing. No one appeared. A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Tay, and seeing no further objection, 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 adopt Resolution No. 7072 adopting a budget for Fiscal Year 2015 -16 and appropriating the amounts specified therein as expenditures from the Funds. AYES: Council Member Chandler, Tay, Beck, Wuo, Kovacic NOES: None It was moved by Council Member Tay, seconded by Mayor Pro Tern Chandler, and carried on roll call vote to adopt Resolution No. 7073 adopting a Capital Improvement and Equipment Plan for the Fiscal Years 2015 -16 through 2019 -20. AYES: Council Member Tay, Chandler, Beck, Wuo, and Kovacic NOES: None PUBLIC COMMENTS David Arvizu, a representative of savethearcadiahighlands.org, appeared and indicated that he submitted paperwork to the City regarding the May 5, 2015, Closed Session meeting; he thanked the City Council and City Attorney for their reconsideration of the matter at the next City Council meeting and hopes that the public would have an opportunity to make comments regarding the decisions that were made at that meeting; he indicated that as a result of comments made by the City Attorney at the last City Council meeting regarding reimbursement of legal fees, he has retained an attorney who specializes in the Brown Act and distributed a 1IL9KIYAW handout to the City Council based on the advice of his attorney; he distributed copies of the .� Save the Arcadia Highlands newsletter which he has distributed in the Highlands and other areas in the City and noted that he did obtain the necessary permits in order to distribute the newsletter. Kristine McNamara, an Arcadia resident, appeared and thanked past City Council Members and City staff for making decisions to help the City build and grow; she requested current City Council Members and City staff to take action to get Arcadia back to that same level of prestige and quality; she described and made comparisons past and present to the City of Arcadia and San Marino; she commented on the signs by the developers on the fencing of new homes being built; she commented on properties being bought by developers and destroying the original integrity of the neighborhood; and urged the City Council to stop these developers and get the homeowners to maintain the appearance of their homes; and to take action and stand up to the homeowners. Mayor Kovacic indicated to Ms. McNamara that a comprehensive sign ordinance was adopted at the last City Council meeting; and directed her to speak to Development Services Director Kruckeberg about the code enforcement violations. Donna Perez, an Arcadia resident, appeared and indicated that on January 26, the City Council received a letter from the Board of Directors of the Santa Anita Oaks Homeowners Association requesting action by the City Council regarding vacant homes, maintenance problems, neighborhood tensions, and a lack of communication; she discussed the February 10, City Council goal setting meeting where the January 26 letter was discussed and positive action was taken to establish a committee to discuss neighborhood impacts and that nothing has happened; she also asked what happened to the idea of updating the zoning code and adding a FAR; and asked the City Council to return to addressing these issues with the residents, instead of a lawsuit or historical survey to address the issues. Mayor Kovacic advised Ms. Perez that, as addressed by City Attorney Deitsch, the items she discussed will be returning as an agenda item at the City Council meeting on June 16. Laurie Thompson, Arcadia resident, appeared and spoke about "Hopes and Disappointments" regarding the 2010 General Plan, mansionization, single family home guidelines, neighborhood impact committee, and urged the City Council to allow the committee to move forward, and be problem solvers. 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 Tay, reported that he attended the "Coffee with a Cop" on May 12, and indicated that many residents attended; he congratulated Mayor Kovacic on the move of his offices closer to Arcadia; and he announced that he attended the Gold Line Transit Center dedication event and noted that the nine cities that were represented agreed that Arcadia's Gold Line station was the best. Mayor Pro Tern Chandler announced that on May 28, he attended the service awards annual meeting of the Parent/Teacher Student Association, he congratulated them for all they do and for their energy; on May 30, he attended the "Battle of the Badges" and noted that they also had some Special Olympic kids participate; he indicated that he was impressed by the respect and appreciation the participants of the two events showed to the City Council, and City staff for 4 06 -02 -15 being there and being involved, and noted that it is equally appreciated for what they do for the community; he shared his frustration with the issues going on with the Save the Arcadia Highlands group, he noted that some of the issues raised by that group will be addressed by the City Council at the next City Council meeting for action, and hopes that residents who live in the Highlands area that are not a part of this group would show up and weigh in on the issues. Council Member Beck congratulated the Arcadia Beautiful Award honorees, and the Arcadia High School Orchestras, Choirs and Orchesis Dance Company; he provided comments to Donna Perez, Kristine McNamara, and Laurie Thompson who spoke during the public comment period; he also commented on the presentation made by Zayneb Khan, a 10 year old student, who appeared before the City Council on May 5, 2015, who spoke about the inhumane way cats are being declawed. Council Member Beck asked for the support of two other Council Members to place this item on a future City Council agenda for discussion and a possible ordinance prohibiting the declawing of cats in Arcadia. Mayor Kovacic and Council Member Wuo concurred. Council Member Beck also shared that he was approached by a Channel 7 news van asking to be interviewed on his landscape project and appeared on the news several times in the past two days. Council Member Wuo shared his disappointment and frustration with the comments made in the recent Save the Arcadia Highlands newsletter; he indicated that the comments made in the newsletter are lies; he discussed the process and decisions that are made by the City Council as a result of staff recommendations on different development projects, including 29 Orange Grove and 1600 Highland Oaks Drive, and noted that decisions made by the City Council are for the benefit of the entire community and not just the Highland Oaks area; and feels that individuals should not accuse others of being in the pockets of developers or wrong -doing without proof. City Clerk Glasco announced an Energy Wise Workshop at the Arcadia Public Library on June 3 from 7 -8 p.m.; and also the 11th Annual Arcadia High School Honor's History Student Exhibition who will be displaying a "Racing through History at Santa Anita" exhibit beginning June 5 through June 27 at the Historical Museum and urged everyone to attend. City Manager Lazzaretto announced that the water usage from January through May 2014 versus 2015 is down 14 %, and the City needs to get to 36 %; he commented the City is heading in the right direction with education and public outreach; and that from May 2014 to May 2015, the City is down 27 %, and he congratulated those residents who have made efforts to reduce water, and thanked the Arcadia Beautiful Commission for considering giving awards to drought tolerant properties. At the request of Mayor Kovacic, City Manager Lazzaretto announced that "it's green to be brown" signs are being placed in the City medians because the State has mandated that ornamental lawns and medians have no irrigation; he noted that trees and bushes in the medians are being maintained; and that the City is following its own guidelines and watering only three times a week. At the request of Council Member Beck, City Manager Lazzaretto responded that staff is dealing with those vacant homes that are running sprinklers in violation of the code; he noted that the newly- adopted budget includes a new position to deal with those issues; and reminded residents that they should call Public Works Services if they see violations. 06 -02 -15 Marcy Schultz, Highland Oaks Homeowner Association Member, appeared and expressed to the City Council that she did not appreciate being called a liar by Council Member Wuo. Mayor Kovacic commented on the Memorial Day celebration at Live Oak Park; he announced the Government Affairs meeting on June 4, at the Chamber of Commerce; June 5, "Coffee with the Mayor" at 8:30 a.m. at the Community Center; he announced the Scam Prevention Workshop on Saturday, June 6 from 10:00 to 12:00 p.m. at the Community Center; and Saturday evening is the Doo Wop concert at the Performing Arts Center; he noted the land use issue with Save the Arcadia Highlands and announced that an item will be placed on the next City Council agenda for action and encouraged a civil meeting; and announced that his daughter Kelley received her Doctorate in Education Leadership from Harvard last week, and is now working at the Denver public schools. 2. CONSENT CALENDAR a. Resolutions initiating proceedings for the Annual Levy and Collection of Assessments, approving the Preliminary Engineer's Report, and declaring intention to levy and collect assessments for Fiscal Year 2015 -16 and appointing a time and place for a public hearing for the Arcadia Citywide Lighting District No. 1 and the Arcadia Kaitlyn Place Landscaping and Lighting District. Recommended Action: Find that the Resolutions are categorically exempt under the California Environmental Quality Act; and Adopt Final Tract Mar) No. 72869 for a 20 -unit residential condominium subdivision at 508 -588 S. Second Avenue. Recommended Action: Find that Final Tract Map No. 72869 is categorically exempt from environmental review pursuant to Section 15332 of the Guidelines for the California Environmental Quality Act; and approve Final Tract Map No. 72869 Extension to the Purchase Order with Waterline Technologies, Inc. for the purchase and delivery of sodium hypochlorite for the disinfection of the City's municipal water supply. Recommended Action: Approve d. Contract with FS Construction for the Fiscal Year 2014 -15 Annual Concrete Repairs Protect. Recommended Action: Approve e. Investment Advisor Services Agreement with Cutwater Asset Management for Investment Management Services. Recommended Action: Approve Statement of Investment Policy. Recommended Action: Approve 06 -02 -15 It was moved by Council Member Tay, seconded by Mayor Pro Tern Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.f. AYES: Council Member Tay, Chandler, Beck, Wuo, Kovacic NOES: None 3. CITY MANAGER a. Special Use Permit No. SUP 15 -13 to allow a Patriotic Concert in the Arcadia Transit Plaza, and the Downtown Arcadia Street Fair as a recurring event on First Avenue north of Huntington Drive beginning on July 3 2015. Recommended Action: Approve Assistant City Manager /Development Services Director Kruckeberg presented the staff report Dave Gayman, owner of Family Festival Production Company, appeared and thanked the City Council for making this event happen; he commented on the portable restrooms and other aspects of the event. Matt McSweeney, owner of Matt Denny's Alehouse and Treasurer of the Downtown Arcadia Improvement Association, appeared and provided information on street closures, directional signage and parking issues. Peter Amundson, an Arcadia resident, appeared and thanked the City Council for all their support in the Downtown area; he urged the City Council to approve the events because he thinks it is good for the community; he indicated that, in the past, City services have been waived and asked the City Council for consideration in waiving the costs of City services for these events. Kurt Anderson, resident of Monrovia and former business owner, appeared and encouraged the City Council to approve the events and provided his support of Family Production Company for these events. April Verlato, President of the Downtown Arcadia Improvement Association, appeared and urged the City Council to approve the events; she indicated that the Downtown Arcadia Improvement Association would pay for any City services; she indicated that a committee will be formed for these events; and hoped that the City Council would waive some of the fees for the event. As a result of discussion by the City Council and speakers, City Attorney Deitsch recommended adding a #13 and #14 relating to insurance and indemnification to the Conditions of Approval as follows: 13 Applicant shall obtain and maintain in full force and effect at all times this permit is in effect general liability, event, workers compensation and such other types of insurance as deemed reasonable and appropriate by the City Manager and City Attorney in their sole and absolute discretion. Such insurance shall be in such amounts as approved by the City Manager and City Attorney in their sole and absolute discretion and shall be issued by insurance providers licensed to issue insurance in California and carrying a Best insurance guide rating of A -VII or higher all such insurance policies shall be endorsed to provide that the City of Arcadia, and its officials, officers, employees and agents are additional insureds. Prior to 06 -02 -15 commencement of the first activities under this permit, the applicant shall submit to the Development Services Director proof of such insurance and a copy of all such insurance endorsements. 14 The applicant shall defend, indemnify, and hold harmless the City of Arcadia, and its officials, officers employees and agents from and against any and all claims, litigation, liability and the like concerning inlury or death to any person and concerning damage to any property, arising from or pertaining to the activities conducted or supervised by the applicant relating to this permit. City Attorney Deitsch also recommended adding language to #3 relating to the two police officers and #5 dealing with a committee as follows: 3 Two (2) officers from the Arcadia Police Department will be required to staff the events. The applicant shall pay the City for providing such officers promptly upon submission to the applicant of billing by the City. 5 A committee shall be established, subject to review and approval by the City Manager or his designee, to review vendors, booths, and attractions at the Street Fair. This committee shall meet periodically to review the quality and quantity of the vendors, and all decisions of the committee shall be provided to the City of Arcadia. The City shall have the right to make modifications to the vendor list at any time. After discussion, it was the consensus of the City Council that police officer fees could be brought back for discussion in the future, if necessary. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Beck, and carried on roll call vote to approve Special Use Permit No. SUP 15 -13 to allow a Patriotic Concert in the Arcadia Transit Plaza, and the Downtown Arcadia Street Fair as a recurring event on First Avenue north of Huntington Drive beginning on July 3, 2015, with the Conditions of Approval being amended by the City Attorney. AYES: Council Member Chandler, Beck, Tay, Wuo, and Kovacic NOES: None b. Agreement for Services with the Arcadia Chamber of Commerce. Recommended Action: Approve Assistant City Manager /Development Services Director Kruckeberg presented the staff report. It was moved by Council Member Tay, seconded by Mayor Pro Tern Chandler, and carried on roll call vote to approve an Agreement for Services with the Arcadia Chamber of Commerce for Fiscal Year 2015 -16 in the amount of $73,761. AYES: Council Member Tay, Chandler, Beck, Wuo, and Kovacic NOES: None 06 -02 -15 #. ADJOURNMENT Mayor Kovacic adjourned this meeting at 9:30 p.m. in memory of former State Senator and Monrovia Mayor Dick Mountjoy to Tuesday, June 16, 2015, 6:00 p.m. in the City Council Chamber. ATTEST: City Clerk • the i7tof Arcadia 9 06 -02 -15