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HomeMy WebLinkAbout07/21/2015ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JULY 21, 2015 Mayor Kovacic called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Kovacic, Tay, Chandler, and Wuo ABSENT: None PUBLIC COMMENTS - No one appeared a. Completion of Interviews for potential candidates for appointment to the Planning Commission (continued from July 15, 2015) and deliberations on appointments. The City Council interviewed the remaining three potential candidates for Planning Commission, Paul Van Fleet, John Driscoll, and Alexis Proctor; deliberated and will make the appointments in open session at the regular meeting. 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. BS 154327 No reportable action was taken on the Closed Session item. The meeting ended at 6:58 p.m. REGULAR MEETING CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION — Reverend Stephen Wilson, Methodist Hospital Chaplain PLEDGE OF ALLEGIANCE — Patrick Musua, Arcadia Boy Scout Troop #31 ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Kovacic, Tay and Wuo ABSENT: None REPORT FROM CITY ATTORNEY ON CLOSED SESSION ITEM City Attorney Deitsch reported that prior to the regular meeting, the City Council met in Closed Session to consider the one item listed on the posted agenda under Closed Session, pertaining to existing litigation; no reportable action was taken. View the full version of this City Council Meeting 07 -21 -15 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 Tay, seconded by Mayor Pro Tern Chandler to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of a $50,000 donation from the Friends of the Arcadia Public Library for programs and materials at the Library. 1. CITY CLERK a. Planning Commission Appointments City Manager Lazzaretto presented the staff report and reported the nominations as follows: Council Member Beck nominated Dr. David Sullivan Council Member Tay nominated Deborah Lewis and Brad Thompson Council Member Wuo nominated Deborah Lewis and Brad Thompson Mayor Pro Tern Chandler nominated Deborah Lewis and Brad Thompson Mayor Kovacic nominated Dr. David Sullivan By a 3 -2 vote of the City Council, Deborah Lewis was appointed to the Planning Commission to fill the unexpired term of Mr. Falzone ending June 30, 2016; and Bradford Thompson was appointed to the Planning Commission for a four (4) year term ending June 30, 2019. 2. PUBLIC HEARING a. Appeal of the requirements of a Notice to Abate property maintenance violations at 1105 Rodeo Road. Resolution No. 7085 determining that the Building Official shall proceed in accordance with the Notice to Abate Property Maintenance violations at 1105 Rodeo Road. Recommended Action: Adopt Community Development Administrator Jim Kasama presented the staff report. Benjamin Tan, appellant and homeowner, appeared and responded to City Council questions he stated that the reason for contesting the Notice to Abate is that he feels it is unfair to need to maintain the parkway; that he has kept the weeds to a minimum; and also feels that the request from the City to fill the parkway area with mulch is unfair since he does not own it; and has met the requirements set by the City. Mayor Kovacic opened the public hearing. No one appeared. View the full version of this City Council Meeting 07 -21 -15 A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Wuo, and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Wuo, and carried on roll call vote to deny the appeal and adopt Resolution No. 7085 determining that the Building Official shall proceed in accordance with the Notice to Abate property maintenance violations at 1105 Rodeo Road. AYES: Council Member Chandler, Wuo, Beck, Tay, and Kovacic NOES: None Mayor Kovacic directed Community Development Administrator Kasama to talk to Mr. Tan about the mulch program. b. Confirm the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures Weed Abatement Charges Recommended Action: Approve City Manager Lazzaretto presented the staff report. 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 Wuo, and carried on roll call vote to confirm the weed abatement charges and order the County Auditor to enter the amounts of the assessment against the parcels of land as they appear on the current assessment roll. AYES: Council Member Chandler, Wuo, Beck, Tay and Kovacic NOES: None PUBLIC COMMENTS Bob Harbicht, an Arcadia resident, and former Mayor, appeared and spoke about the Special Olympics; he indicated that he and a small group of Arcadia residents will host about 100 athletes, and that a welcoming committee has been formed; that several events are planned for the athletes and he hopes the City Council and the public attend. Mayor Kovacic thanked Mr. Harbicht for all is hard work in organizing the Special Olympic events. Lissete Gonzalez, a representative from Waste Management, appeared to talk about Waste Management's Painter Care Program; she reported that household hazardous waste such as unused paint is collected from Arcadia residents, and recycled through the "At Your Door Program ", and indicated that when Arcadia residents schedule a pick -up through the program the City is reimbursed between $.35 and $1.60; she reported that the City has already received two reimbursement checks totaling $1,599.47, and thanked the City for recycling. View the full version of this City Council Meeting 07 -21 -15 Scott Hettrick, representing the Chamber of Commerce and the Arcadia Downtown Business Improvement Association, appeared and commended Mr. Harbicht for his involvement in the Special Olympics and for organizing the events; and urged the City Council to move forward with the zoning code update relating to the commercial and industrial areas of Arcadia. Rodney Jefferson, representing ChapCare Outreach Facility in Monrovia, appeared and invited the City Council and staff to their grand opening on August 3, and their Red Ribbon Ceremony on July 27, and provided first aid gift bags to the City Council; he indicated that this is not an urgent care facility, it provides women's health care services such as pediatrics, optometry and mental health, and stated that many Arcadia residents are already using ChapCare services in Pasadena. Adrian Oesterreich, Regional Account Manager of Ygrene Engery Fund, appeared and introduced his company and explained that it is a property assessed clean energy (PACE) provider which is an equity based financing repaid through property taxes, that they are an additional tool for change in the City regarding water conservation and energy reduction; he discussed Governor Brown's water conservation mandates, and encouraged the City to add his company as one of the City's PACE providers. In response to a question raised by Mayor Pro Tern Chandler, City Manager Lazzaretto responded that the item is not listed on the agenda; that the City already has a PACE program; that Mr. Oesterreich is only asking to be added to the City's list of PACE providers; and that he will look into the matter. Jessie Ramirez, an Arcadia resident, appeared and thanked the City Council for their almost cumulative 50 years of service to the community and City; and encouraged the City Council to move forward with the zoning code update. Arthur Lane, an Arcadia resident, appeared and questioned whether the City Council discussed with the public, Consent Calendar item 3.g, the software program purchase of almost $500,000; he recommended the City consider using and offering high school students a scholarship to create a software program; he reported that he observed 4 properties that are violating the current water restriction ordinance; that he was told, second hand, that the Police Department is not enforcing the water restriction. In response to Mr. Lane's comments, Mayor Kovacic responded that the City Council receives detailed staff reports in advance of the meetings and that any Council Member can pull any item from the Consent Calendar for discussion, if necessary; and referred Mr. Lane's comment regarding enforcement of water violations to City Manager Lazzaretto. In response to Mayor Kovacic's request, City Manager Lazzaretto confirmed that the Police Department is not enforcing water restriction violations, but that the Water and Code Enforcement Divisions are enforcing those restrictions; he indicated that citations have been issued, and door hangers have been distributed warning first time offenders; he also indicated that the City Council approved a position in this fiscal year's budget to assist with water enforcement and education; and asked Mr_ Lane to provide staff with those addresses he believes are violating water restrictions; and provided the telephone number where to call to report water violations. View the full version of this City Council Meeting 07 -21 -15 Lee Kuo, a resident of the Highlands and Architectural Review Board, appeared and spoke about residents who are not informed, and those who are watchdogs; he noted that there is a common threat among residents, those that are in favor of progress, but want limits on the size of homes, they care dearly about the character of the neighborhood and do not want to lose their sense of community; he indicated that it is not too late to preserve the neighborhoods and urged the City Council to update the residential zoning code. Robert Tong, a resident in the Highlands, appeared and expressed his frustration that the City Council has ignored Resolution No. 6770; he shared his fear that new zoning codes could harm property values; he also expressed his concern about the lawsuit, and stated that each time the City Council makes a decision they are susceptible to getting sued; he indicated that regarding the historical survey, the Highlands Homeowner Association is not responsible for the current lawsuit, it is "Save the Arcadia Highlands" and stated that the Highlands area should not be punished. Timothy Burch, an Arcadia resident, appeared and stated that City Council Members Wuo, and Tay, and Mayor Pro Tern Chandler should hold themselves to a higher standard then what the code requires; he asked Council Member Wuo what his relationship is with GemCoin and what his financial interest is with this company, and that he needs to address these accusations. David Arvizu, an Arcadia resident, appeared and displayed a video of Council Member Wuo and accused him of having ties to GemCoin and President Chen of the USFIA Club; he stated that Mayors and Council Members should not be endorsing these type of companies and feels that it is an ethics violation; he asked Council Member Wuo if he was referred to as Mayor Wuo or Major Wuo at these events; he requested the City Council put this issue on the next City Council agenda to discuss, in public, the behavior of a public official, and asked that the City Council admonish Council Member Wuo's inappropriate behavior; and advised Mayor Pro Tern Chandler that their group is not small, that 10 people from Lower Rancho area complained about a 6,000 square foot home being built in their neighborhood. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) Council Member Beck responded to Mr. Lane's question regarding Consent Calendar item 3.g regarding the purchase of software; he indicated that after reviewing the staff report, he is convinced that it will make the City more efficient, and provided his reasons for not pulling the item for discussion because he is satisfied with moving forward with the purchase and will save the City money in the long run; he congratulated the two new Planning Commissioners that were appointed, and encouraged those that were not selected to continue to be involved in the City; he mentioned the Special Olympic relay run at 3:00 p.m. at City Hall on Wednesday, and thanked those individuals who assisted in organizing the Special Olympic events; he thanked the Friends of Arcadia Library for their donation and reminded everyone to visit the gift shop at the Library, and thanked all the volunteers who work in the gift shop. Council Member Wuo announced that on July 7, he attended the Independent Cities Association conference and commented on several of the topics that were discussed; he noted that at the last City Council meeting Mr. Arvizu accused him of three strikes; the first one Mr. Arvizu indicated that he had a real estate license; Council Member Wuo stated that during his 12 years on the City Council he has not involved himself in any conflict of interest development issues and asked City Attorney Deitsch to elaborate on the regulations on this matter. View the full version of this City Council Meeting 07 -21 -15 City Attorney Deitsch reported that the possession of a real estate license or being a real estate agent does not create a conflict of interest or cause the need for a city council member to recuse themselves from decisions dealing with real property; he indicated that he is not aware of any real facts that Council Member Wuo has had a conflict of interest regarding decisions that have come before the City Council regarding real property, and advised that City Council Members are advised to speak to him in advance of a meeting if they are concerned of a potential conflict of interest to get his advice. Council Member Wuo continued by addressing Mr. Avizu's allegation regarding the China trip; he indicated that he initially thought it was a good idea to take City staff to visit the different cultures, but indicated that the trip was canceled after hearing the uproar from the public; he indicated that the City continuously stated that the City never received any money, and that Mr. Arvizu continues to say that the City received the money; he further indicated that the City has made it clear that the City never received any money for the China trip, and asked City Manager Lazzaretto, who handles the City's daily operations, to elaborate on the issue. City Manager Lazzaretto clarified and confirmed that the City never actually received any donations for the trip to China; therefore, there were no funds to return. Council Member Wuo addressed GemCoin allegations that Mr. Arvizu and Mr. Burch continue to comment on; he indicated that the first time he was Mayor he attended over 700 events and made ceremonial speeches and wished people success in their business ventures; he indicated that he does not know anything about GemCoin and does not have any financial interest in the company; and in response to accusations by Mr. Arvizu that he has an off shore account, Council Member Wuo responded that he does not have an off shore account or an account in any foreign country; he asked Mr. Arvizu to at least be responsible with his comments and not make unfounded allegations; he explained that he was invited to present awards for GemCoin, and Mr. Chen invited him to a news conference to make congratulatory speeches; he stated that Mr. Arvizu has exaggerated the situation; Council Member Wuo stated that he has no association or financial interest with GemCoin, and assured Mr. Arvizu that he does not have any off shore accounts or accounts in a foreign country and challenged Mr. Arvizu to prove it; and asked Mr. Arvizu to focus on City business and not on personally attacking him. Council Member Tay announced that he also attended the Independent Cities Association conference and indicated that the topics of discussion were very informative; he indicated that he has talked to several of his friends who questioned why he was against the zoning code update; he indicated that on June 3, 2014, the City Council voted 5 -0 to approve the zoning code update which was also budgeted; and on December 2, 2014, the City Council voted 5 -0 to do a historical preservation study; he indicated that before the lawsuit, City Council votes were not divided, he indicated that after the lawsuit was filed, City Council votes became divided and believes if there was not a lawsuit, all the issues in question would have already been resolved; he knows that something has to be done, and indicated that he is happy the City Council is talking settlement and hopes they can get it resolved. Mayor Pro Tern Chandler announced that he also attended the Independent Cities Association summer Conference; he thanked the Friends of Arcadia Library for their $50,000 donation; he mentioned that in the July 19, Los Angeles Times, there is an interesting article under "Place of Their Own" about a situation in View Park which is similar to and parallel to issues that have been raised by residents, and recommended the public read the article. City Manager Lazzaretto had no comments. View the full version of this City Council Meeting 07 -21 -15 City Clerk Glasco announced that the Police Department VIPS program received thank you goodies from a resident for the extra patrol of their home while they were on vacation; he gave out the telephone number that residents can call for this type of request, at no cost to the resident; and indicated that if anyone is interested in the volunteering for the VIPS program, contact Leon Solorio at (626) 574 -5174. City Attorney Deitsch had no comments. Mayor Kovacic acknowledged the Boy Scout Troop #31 who attended the City Council, and recapped items approved by the City Council; and talked about the different ways the Boy Scouts can volunteer to give back to the community, and commented on the great exchange of ideas, and the great exercise of right of free speech and their First Amendment and democracy in action; he stated that he is proud of Arcadia, its volunteers, the people who contribute not only time and talent, but their money, people exercising their first amendment right, and the elected officials responding, and thanked the Boy Scouts for attending the City Council Meeting, and reminded the Boy Scouts that when they are working on their Eagle Scout project that he hopes it is in Arcadia. 3. CONSENT CALENDAR a. Special and Regular Meeting Minutes of June 16 2015 Recommended Action: Approve b. Set a public hearing date of September 15 2015 for the appeal of the Planning Commission's denial of Tentative Parcel Map Application No TPM 14 -01 (72681), and Residential Mountainous Development Permit Application No RM 14 -01 for a proposed subdivision and grading at 2111 -2125 Canyon Road Recommended Action: Set Hearing Date C. Resolution 7081 affirming the provisions of Section 414(h)(2) of the Internal Revenue Code in reporting member paid contributions to the California Public Emplovees' Retirement System as tax deferred. Recommended Action: Adopt d. Resolution No 7082 adopting the 2014 Updated Greater Los Angeles County Region Integrated Regional Water Management Plan. Recommended Action: Adopt e. Receive gift of $50,000.00 from the Friends of the Arcadia Public Library. Recommended Action: Accept Agreement for Personnel Related Legal Services with Liebert Cassidy Whitmore in an amount not to exceed $90,000. Recommended Action: Approve g. Agreement to purchase Tyler Technologies' Energov Software Solution for Asset Management and Permit Tracking in the amount of $449,821. Recommended Action: Approve h. Change Order in the amount of $70,000 for additional plan check services that occurred in Fiscal Year 2014 -15. View the full version of this City Council Meeting 07 -21 -15 Recommended Action: Approve In response to Mayor Kovacic's request, City Manager Lazzaretto responded to Mr. Lane's comment made regarding Consent Calendar 3.g; he explained that this item was previously discussed at the second budget study session; he recapped that this is two departments working together Citywide to more efficiently and effectively benefit all departments and residents; he indicated that this is a software program that will allow building, planning and public works to track permits, equipment maintenance, potholes, water usage, etc., and consolidates everything into a single system that will allow the City to track every detail of items; he noted that the City currently uses five different systems to track items, and indicated that this software program will consolidate all these into one program. It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 3.a through 3.h. AYES: Council Member Tay, Chandler, Wuo, Beck, and Kovacic NOES: None 4. CITY MANAGER a. Consideration of continuing with work on portions of the Zoning and Subdivision Code Update project. Recommended Action: Provide Direction City Manager Lazzaretto reported that previously the City Council requested staff to hold off on this item until the satisfaction of the Save the Arcadia Highlands v. City of Arcadia lawsuit; that at the last meeting, the City Council directed staff to bring this item back for consideration of moving forward with the commercial and industrial portions of the zoning code update project, that the staff report with provide some suggestions and clarification questions of moving forward efficiently and cost effectively and still leaving out residential zoning at this time. Assistant City Manager /Development Services Director Kruckeberg presented the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay and carried on roll call vote to continuing working on portions of the zoning and subdivision code update project to include all aspects of the zoning code update work with the exceptions of residential standards. AYES: Council Member Chandler, Tay, Beck, Wuo, and Kovacic NOES: None ADJOURNMENT The City Council adjourned the meeting at 9:02 p.m. in memory of Wayne Whitehall to Tuesday, August 4, 2015, 7:00 p.m. in the City Council Chamber. *ayor of e City of Arcadia TTE : hief ep ty City Clerk/Records Manager View the full version of this City Council Meetinq 07 -21 -15