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Home My WebLink About09/15/2015 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 15, 2015 CALL TO ORDER — Mayor Kovacic called the meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Tay, Wuo, and Kovacic ABSENT: None 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. BS 154327. No reportable action was taken on the Closed Session item. STUDY SESSION a. Report, discussion and direction regarding policies on the use of artificial turf as landscaping. (Continued from August 18, 2015) Recommended Action: Provide Direction The City Council heard a report from staff regarding policies on the use of article turf as landscaping; and after hearing the report from staff, it was the consensus of the City Council that staff modify the artificial turf policy to allow up to 15% of front yards and street side yards to be covered by artificial turf if part of a cohesive landscape plan approved by staff. b. Report, discussion and direction regarding the water and sewer rates study. Recommended Action: Receive and File The City Council heard a report from staff regarding the water and sewer rate study; and after hearing the report from staff, the proposed water and sewer rates will be brought back to the City Council for a public hearing. The Closed Session and Study Session adjourned at 6:46 p.m. View full version of this City Council meeting 1 09-15-2015 REGULAR MEETING -- 7:00 p.m. CALL TO ORDER — Mayor Kovacic called the regular meeting to order at 7:00 p.m. INVOCATION - Reverend Terry Keenen, The Santa Anita Church PLEDGE OF ALLEGIANCE — Former Mayor Floretta Lauber ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Tay, Wuo, and Kovacic ABSENT: None REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Deitsch reported that the City Council met in a Closed Session to consider the one item listed on the posted agenda under Closed Session; no reportable action was taken. City Attorney Deitsch also reported that the City Council conducted a Study Session to hear a report from staff regarding policies on the use of artificial turf as landscaping; and reported that by consensus of the City Council staff was directed to modify the artificial turf policy to allow up to 15% of front yard and street side yard to be covered by artificial turf; and that the City Council heard a report from staff regarding the water and sewer rate study recently conducted by the City; and that the proposed water and sewer rates will be brought back to the City Council for a public hearing. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated that items distributed to the City Council prior to the City Meeting is (a) a hand-out from the Southern California Air Quality Management District regarding updates on programs, funding, and activities from Governing Board Member Michael Cacciotti; (b) photographs distributed by Burton Brink which will be discussed during public comment; (c) email from Richard Vethamani regarding water usage rates; (d) email from Mark Budde regarding 1217 Mayflower and will be discussed under public hearing; and (e) a revised Recognized Obligation Payment Schedule (ROPS) 15-16B which will be discussed 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. PRESENTATIONS a. Southern California Air Quality Management District ("SCAQMD") Governing Board Member Michael Cacciotti will provide updates on programs, funding, and activities of the District. 2 09-15-2015 b. Waste Management's Clean Cart Challenge by Girl Scout Troop 8911 and award a free month trash service. 1. PUBLIC HEARING a. Appeal of the Planning Commission denial of Modification Application No. MC 14-18 and Single-Family Architectural Design Review No. SFADR 14-112 for a new, two-story, modern-style residence at 1217 Mayflower Avenue. (Continued from August 4, 2015) Recommended Action: Conditional approval Associate Planner Li provided the staff report. Mayor Kovacic announced that he was not present at the August 4, 2015, City Council meeting, but has watched the City Council proceedings related to this item. Mayor Kovacic opened the public hearing. Scott Yang, applicant/appellant, appeared and provided additional information regarding the proposed project to the City Council. Timothy Burch, an Arcadia resident, appeared and encouraged a City Council denial of the appeal; he believes the structure is not in keeping with the compatibility of the neighborhood, and asked the City Council to think towards the future in keeping with more modest home building. Bob Cheou, an Arcadia resident, appeared and spoke in favor of the proposed project and development. Scott Yang, the applicant/appellant, rebutted the previous speaker's comments, and stated that the revised plans provide for a new 4,400 square-foot house on a 12,000 square-foot lot, with no balcony. Mayor Kovacic announced for the record that the City received an email in support of the proposed project by Mark Budde. A motion to close the public hearing was made by Council Member Wuo, seconded by Mayor Pro Tem Chandler, and seeing no further objection, Mayor Kovacic declared the public hearing closed. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Beck, and carried on roll call vote to approve the appeal to overturn the Planning Commission's decision, and approve the proposed new residence, subject to the conditions listed in the August 4, 2015, City Council staff report, including a new condition that the mature magnolia tree on the property is to be maintained. City Attorney Deitsch clarified that the condition regarding the magnolia tree should read "the magnolia tree currently on the property shall be maintained in good condition for a minimum of 10 years following completion of construction of the home, and in the event the tree does not survive at least 10 full years, the owner shall promptly replace the tree with a mature magnolia 3 09-15-2015 tree, which shall be subject to review and approval by the Community Development Administrator." AYES: Council Member Chandler, Beck, Tay, Wuo, Kovacic NOES: None b. 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 of a 90.46-acre property at 2111-2125 Canyon Road into (2) parcels to develop one parcel as a single-family residence and one parcel to remain as undeveloped open space. Recommended Action: Continue Public Hearing until January 19, 2016 City Manager Lazzaretto provided a brief status report, and indicated that the applicant requested continuance of the public hearing until January 19, 2016. Mayor Kovacic opened the public hearing. No one appeared. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Wuo, and carried on roll call vote to continue the public hearing until January 19, 2016. AYES: Council Member Chandler, Wuo, Beck, Tay, Kovacic NOES: None PUBLIC COMMENTS Linda Crawford, an Arcadia resident, appeared and spoke about big homes being built in the City; noting that many of the homes remain vacant. Shone Wang, an Arcadia resident, appeared and asked for Council Member Wuo's resignation and requested that he step down. Joseph A. Sciarra, an Arcadia resident, appeared and spoke about his family history in Arcadia Highlands, and commented about the large homes being built in his neighborhood. Burton Brink, an Arcadia resident, spoke about rezoning, Gem Coin, and requested that Council Member Wuo step down and resign. Lee Kuo, an Arcadia resident, appeared and spoke about the zoning code initiative and water use impacts; he inquired on a longer term plan regarding trees; and spoke about signatures for the ballot initiative, and thanked the volunteers. Brett Mitulski, an Arcadia resident, appeared and spoke about the zoning code initiative, and requested the City move forward with the zoning code study. David Arvizu, an Arcadia resident, appeared and spoke about Council Member Wuo's endorsement of Gem Coin, and referenced members of the Chinese immigrant population coming to him for help with filing a police report. Floretta Lauber, former Mayor, appeared and spoke about her personal relationships with Council Member Wuo, and Mayor Pro Tern Chandler and their characters. 4 09-15-2015 John Fick, an Arcadia resident, appeared and spoke in support of his homeowner association and local advocacy groups; he commented on the real estate market and values and how the City Council has no direct control of the values, but indicated that the City Council does have direct influence on land improvements. April Verlato, an Arcadia resident, appeared and thanked the residents for attending the City Council meeting, and addressed lot coverage. Roy McMeen, an Arcadia resident, appeared and spoke about a conversation he previously had with Mayor Pro Tem Chandler before he was elected on mansionization; he commented on Council Member Tay holding a meeting in Chinese only with no public notice to the community; and he provided a quote from Thomas Jefferson. Shandou Huang, an Arcadia resident, appeared and through a translator indicated that he was proud to live in the City of Arcadia, but this has changed; he spoke about money he invested in USFIA; and presented a brochure containing Council Member Wuo's photo. Lili (no last name given), appeared and stated she was representing many people who invested money in USFIA, a company located in Arcadia, and spoke about Council Member Wuo's involvement, and asked the City Council for their support in assisting them in getting their money returned to them. 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 Tay commented on his character that was previously questioned by a speaker; he clarified that Proposition 13 money goes directly to the citizens and not to City Council Members; he spoke on property tax income to the City and of promoting local businesses to boost sales tax to pay for needed services; he shared a story of a local senior who was unable to sell her home; he announced "Coffee with a Cop," the Arcadia Historical Museum Foundation Annual Western BBQ Fundraiser Dinner, and the Emergency Preparedness Expo seminar; and wished his wife a Happy Birthday. Mayor Pro Tern Chandler commented on Mr. McMeen's comments regarding a conversation they previously shared before he was elected to the City Council; he also commented on door hangers found in his neighborhood which referenced the proposed ballot initiative; and noted the desirability of living in the City of Arcadia. Council Member Wuo thanked the speakers and congratulated his youngest son on his upcoming marriage. Council Member Beck responded to a comment made during public comment that City employees are on salary and do not benefit from City development; he addressed property dollars received by the City and schools; he noted that residents are energized about the City and hopes they keep it up and stay involved; regarding a previous comment made about City trees, he stated that the City is taking careful steps to insure the trees are being watered, and noted a complaint regarding watering restrictions from 3 to 2 days a week; and announced the Taste of Arcadia event and encouraged everyone to attend. 5 09-15-2015 City Manager Lazzaretto noted the opening of the fall season at Santa Anita Park next _. weekend; he also noted that local firefighters are currently up north fighting fires and wished them luck and asked that others to do the same. City Clerk Glasco announced that as of January 1, 2015, City Clerks in the State of California can perform civil marriages; and spoke about a marriage ceremony he performed earlier in the day. Mayor Kovacic commented on democracy and stated that he believes it is a healthy process noting that not everyone will be happy all of the time. At the request of Mayor Kovacic, City Manager Lazzaretto elaborated on the City trees and street median watering along with the long term plan for watering, and also referenced state mandates. Mayor Kovacic also commented on the zoning code update; he announced the Museum Foundation and International Day of Peace dates; he provided a summary of event coming up at the Performing Arts Center; and wished his wife Barb a Happy 41st wedding anniversary. 1. CONSENT CALENDAR a. Regular Meeting Minutes of August 18, 2015, and September 1, 2015. Recommended Action: Approve b. Accept all work performed by AVAZ Construction, Inc. for the Public Works Service Center Carport Structure Repair project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve c. Service Request with Los Angeles County Internal Services Department (ISD) to provide Geographic Information System (GIS) technical support for Fiscal Year 2015-16 in the amount of$30,798.56. Recommended Action: Approve d. Contract with GRFCO, Inc. for the First Avenue Storm Drain Extension Project in the amount of$96,220. Recommended Action: Approve e. Extension to the contract with D & J Foothill Electrical Contractors, Inc. for electrical repairs and preventive maintenance at various City facilities in the amount of $140,700. Recommended Action: Approve f. Extension to the Professional Services Agreement with Sunwest Engineering Constructors Inc. for the City's Fleet fuel management and extraordinary repair services in an amount of$21,506.85. Recommended Action: Approve It was moved by Council Member Tay, seconded by Mayor Pro Tem Chandler, and carried on roll call vote to approve Consent Calendar Items 1.a through 1.f. 6 09-15-2015 AYES: Council Member Tay, Chandler, Beck, Wuo, and Kovacic NOES: None ABSENT: None 2. CITY MANAGER a. Resolution No. 7088 concerning restrictions on outdoor irrigation and prohibited water uses. Recommended Action: Adopt Public Works Services Director Tait provided the staff report. Timothy Burch, an Arcadia resident, appeared and questioned what the fine to the City would be if it does not comply. In response to Mr. Burch's questions, City Manager Lazzaretto responded that the fine would be $10,000 per day. Additionally, Mr. Burch suggested the City offer permanent incentives to help with the water restriction compliance; with regards to agenda item 2c., he urged the City Council to place the UUT on the ballot and conduct a study at the same time. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Ta, and carried on roll call vote to adopt Resolution No. 7088 concerning restrictions on outdoor irrigation and prohibited water uses. AYES: Council Member Chandler, Tay, Beck, Wuo, and Kovacic NOES: None ABSENT: None b. Professional Services Agreement with NAI Capital Commercial, Inc., for Economic Development Consulting Services. 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 Tem Chandler, and carried on roll call vote to approve a Professional Services Agreement with NAI Capital Commercial, Inc. for Economic Development Consulting Services in the amount of$65,000. AYES: Council Member Tay, Chandler, Beck, Wuo, and Kovacic NOES: None ABSENT: None c. Verification of Sufficiency of Signatures on Utility Users Tax Repeal Initiative Measure Recommended Action: Receive and File and Direct Staff to Prepare an Impact Report City Manager Lazzaretto provided the staff report. Lawrence C. Papp, an Arcadia resident, appeared and spoke on the utility users tax repeal initiative measure. 7 09-15-2015 It was moved by Mayor Pro Tern Chandler, seconded by Council Member Beck, and carried on roll call vote to receive, file, and accept the Certificate of Sufficiency of Initiative Petition from the Chief Deputy City Clerk/Records Manager; and direct staff to prepare a report analyzing its impact and present the report to the City Council on or before October 15, 2015. AYES: Council Member Chandler, Beck, Tay, Wuo, and Kovacic NOES: None ABSENT: None 3. SUCCESSOR AGENCY a. Successor Agency Resolution No. SA-11 approving and adopting the Recognized Obligation Payment Schedule (ROPS) 2015-16B for the period of January 1, 2016 through June 30, 2016, pursuant to Health & Safety Code Section 34177(m). Recommended Action: Adopt Economic Development Analyst, Tim Schwehr provided the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Successor Agency Resolution No. SA-11 approving and adopting the Recognized Obligation Payment Schedule (ROPS) 2015-16B for the period of January 1, 2016 through June 30, 2016, pursuant to Health & Safety Code Section 34177(m). AYES: Council Member Chandler, Tay, Beck, Wuo, and Kovacic NOES: None — ABSENT: None ADJOURNMENT Mayor Kovacic adjourned this meeting at 10:28 p.m to Tuesday, October 6, 2015, 7:00 p.m. in the Council Chamber. La/ / : ' ... r/. Mayoi.f the City of Arcadia ATTEST: ief *e• y City Clerk/ Record anager 8 09-15-2015