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HomeMy WebLinkAbout10/06/2015 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, OCTOBER 6, 2015 CALL TO ORDER — Mayor Kovacic called the meeting to order at 7:00 p.m. INVOCATION - Reverend Julie Bryant, Church of the Transfiguration PLEDGE OF ALLEGIANCE — Mark Krikorian, Arcadia Fire Marshall Mayor Kovacic reminded the audience that this is a business meeting and expressed his disappointment of the actions of some individuals at the last City Council meeting; and requested that everyone be respectful and refrain from the boos and applauses. Mayor Kovacic read into the record the resignation of Council Member John Wuo. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Tay, and Kovacic ABSENT: None REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Special Closed Session meeting to discuss and consider the three items listed on the posted agenda under Closed Session; he reported that item (a) pertains to potential litigation regarding the Casmalia Landfill in the Greater Santa Barbara County area; and regarding item (c), the City Attorney Deitsch read a statement on behalf of the City regarding the terms of the settlement agreement of the Save the Arcadia Highlands v. City of Arcadia litigation. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto requested the City Council pull City Manager item 2.c relating to water and sewer rates, he indicated that the City Attorney's office had some last minute edits and the item will be brought back to a future meeting; and he requested an amendment to Consent Calendar 1.a (the minutes) be made regarding a comment he made at the last City Council meeting concerning Mr. Budde appearing at a previous City Council meeting, which was an error and requested the minutes of September 15, 2015 be corrected. City Manager Lazzaretto announced that in light of the letter of resignation received by John Wuo today, he advised the City Council that an emergency item be added to the agenda in order for the City Council to take action to declare the position vacant and begin the process to fill the unexpired term; he noted that this matter came up after the agenda was posted, and that the City Council would need to formally take action to accept the letter of resignation and declare a vacancy on the City Council in order to move forward to appoint someone to fill the seat; that this would need to be done within 30 days, and requested that this be added to the agenda as City Manager 2.e. View full version of this City Council meeting 1 10/06/2015 At the request of Mayor Kovacic, City Attorney Deitsch announced that under the Ralph M. Brown Act, in order to add an item to the agenda the City Council must make two (2) findings: (1) that there is a need to take immediate action; and (2) the need to take action arose after the agenda was posted. He asked the City Council if they would like to make the two findings and add the item to the agenda for action. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay that (1) that there is a need to take immediate action; and (2) the need to take action arose after the agenda was posted. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None 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. Proclaiming October 4, 2015 to October 10, 2015, as "Fire Prevention Week" PUBLIC COMMENTS Charles Greene, an Arcadia resident, appeared and thanked the City Council for resolving the Save the Arcadia Highlands litigation. Bob Cheou, an Arcadia resident, appeared and complimented the City on low crime rates, great schools, and increase in property values, and compared Arcadia to surrounding cities; he commented on the proposed zoning code ballot initiative and privacy issues. Joe Sira, appeared and asked the City Council how the proposed ballot initiative will affect taxes and if it will hinder new development in the City; and indicated that he is worried about progress and property values; and encouraged the zoning code update. Janet, appeared and read a letter on behalf of Valerie Chang, an Arcadia resident, appeared and expressed her opposition of the proposed zoning code ballot initiative, and questioned the writers' qualifications to rewrite city laws; and urged the City Council to educate residents so they can better understand the ballot initiative. Timothy Burch, an Arcadia resident appeared, read an advertisement from a local home listing for sale, and stated that this type of home blends in well with the neighborhood. Mickey Segal, an Arcadia resident, appeared and thanked the City Council and interested parties for resolving the Save the Arcadia Highlands lawsuit; he spoke about the zoning code initiative; he proposed forming a group of individuals to consider finding a zoning code that works for everyone and encouraged the City and residents to work together through negotiations. 2 10/06/2015 Hank Jong, an Arcadia resident, appeared and spoke about the zoning code initiative; he stated that if people believe that the zoning code changes will affect their property values, he offered his services to residents to prepare deed restrictions to their property. Max Huang, an Arcadia resident, appeared and spoke about the zoning code initiative hurting potential new development and property values; he referred to the term "McMansion" and asked for changes in the zoning code to avoid a negative impact to all residential properties. Schola Liu, an Arcadia resident, appeared and indicated that she attended a meeting last Friday and spoke about zoning code changes and property values potentially being affected; she indicated that she is confused over pamphlets being handed out by different groups; and indicated that if the zoning code is going to be changed that it be done by professionals. Darin Gruber, an Arcadia resident, appeared and spoke about a group of individuals who are attempting to stop progress in Arcadia and feels their efforts are causing confusion and neighbors to be against each other; and stated that it is not fair to compare Arcadia to other nearby cities. April Verlato, an Arcadia resident, appeared and responded to comments made by the previous speaker; she spoke about the proposed zoning code initiative and gave her reasons for bringing it forward; she believes it will protect all property values, not just some; she referenced data on local home sales and indicated that property values in Arcadia have gone down 20%; and indicated that name calling and contention is not necessary. Joseph A. Sciarra, an Arcadia resident, appeared and asked for clarification on comments made by others; he spoke on the appreciation of home values in the city; and spoke on citizen rights to oppose changes. Roy McMeen, an Arcadia resident, appeared and spoke about the halt of the zoning code update; he spoke about speeding in the Highland Oaks area and the impact it creates; and asked the City Council to do what's best for the community. He accused City Manager Lazzaretto of only caring about "big, fat budgets" and alleged that there may be money laundering by the City. David Arvizu, an Arcadia resident, appeared and thanked Mr. Segal for assisting in the settlement of the Save the Arcadia Highlands litigation; he feels that it is a victory for them because it has allowed citizens of Arcadia to know they have a voice regarding construction going on in their neighborhood, which he indicated they did not know they can comment on it; he indicated that this is not a race issue, that the issue is not with the residents, it is with the developers; and thanked Mr. Segal for his comments regarding a planning committee. Kirk Olsen, an Arcadia resident, appeared and quoted comments made by Council Member Chandler regarding the older homes being torn down and new ones being built; he spoke on the renovation of older homes and the current building code, and water usage of the bigger homes; and asked the City Council to consider the impact of mansion style homes on the city resources. Jessica Rong, (speaking through a translator), an Arcadia resident, stated she likes Arcadia, the schools and the community; she noted that the activities of Save the Arcadia Highland has made her and some of the residents uncomfortable; she spoke of comments made at prior meetings where comments of racism and discrimination were made against the Chinese; she hopes all the Arcadia residents can all live together peacefully to make the community better. 3 10/06/2015 REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense(AB 1234)) Mayor Pro Tern Chandler announced that he attended several different events including the first annual Emergency Expo; he thanked Fire Chief Norwood, and Battalion Chief Spriggs who did an outstanding job organizing the event. Council Member Tay announced that he and Mayor Pro Tern Chandler attended the Arcadia Education Foundation fundraiser on September 19, the Arcadia Historical Museum Foundation on September 20, Taste of Arcadia on September 28, and the League of California Cities Conference in San Jose from September 30 to October 2; he reported on the Tax Assessor's 2015 Annual Report; he thanked Mr. Segal for his involvement in the settlement of the Save the Arcadia Highlands litigation; and indicated that the zoning code study can now resume; he noted that he has received inquiries from individuals asking how they can remove their names from the petition that is currently being circulated regarding limits on building, and asked City Attorney Deitsch to explain the process. At the request of Council Member Tay, City Attorney Deitsch explained the process on how an individual can have their name removed from a petition that has already been signed. Council Member Beck thanked Mr. Wuo for his 12 years of service to the City, and also thanked Mr. Segal for his efforts in assisting the City in resolving the Save the Arcadia Highlands litigation, and indicated that he is looking forward to the Highlands being included in the zoning code study, the historical preservation study, and the neighborhood impact meetings. City Manager Lazzaretto announced that for the month of September, the City is at 33% water reduction, but reminded residents that 36% is needed; he also thanked Mr. Segal for assisting the City in resolving the Save the Arcadia Highlands litigation through the mediation process, and also thanked Mr. Wuo for his years of service to the City. In response to a question raised by Mr. McMeen, City Manager Lazzaretto responded that the 5 year budget forecast tends to be in the 2% to 3% range and does not reflect the significant growth the City experienced in the last couple of years. City Clerk Glasco announced the Arcadia Women's Club wine tasting fundraiser event on October 17 which will benefit battered women and children; and suggested the use of a hot water circulation valves in order to save water. Mayor Kovacic thanked Mr. Wuo for his years of service to the City, and thanked Mr. Segal for assisting the City through the mediation process; he commented on the delay of the zoning code update due to the lawsuit and hopes that with the settlement it will get back on tract; and commented on floor area ratio. 1. CONSENT CALENDAR a. Regular Meeting Minutes of September 15, 2015. Recommended Action: Approve b. Accept all work performed by All American Asphalt for the Pavement Rehabilitation project on Highland Oaks Drive and Virginia Road as complete. Recommended Action: Approve 4 10/06/2015 c. Accept all work performed by Doug Martin Contracting, Inc. for the Fiscal Year 2014-15 Annual Slurry Seal Project as complete. Recommended Action: Approve d. Contract With West Coast Arborists, Inc. for Annual Tree Trimming Services and Tree Removal and Replacement in the amount of$298,650. Recommended Action: Approve e. Purchase order with National Auto Fleet Group for the purchase of one 2016 Ford CNG pickup truck with utility body and one 2016 Ford CNG F550 stake bed truck in the amount of $141,134.15. Recommended Action: Approve f. Accept donations from the community in support of the Summer Reading Program at the Library. Recommended Action: Accept It was moved by Mayor Pro Tem Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Items 1.a through 1.f., with item 1.a corrected as noted by City Manager Lazzaretto. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None 2. CITY MANAGER a. Resolution No. 7089 providing for the appointment of an Arcadia police officer to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force ("L.A. IMPACT") and authorizing staff to hire one additional police officer to replace the officer assigned to L.A. IMPACT using asset seizure forfeiture funds. Recommended Action: Adopt Police Chief Guthrie provided the staff report. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7089 providing for the appointment of an Arcadia police officer to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force ("L.A. IMPACT") and authorizing staff to hire one additional police officer to replace the officer assigned to L.A. IMPACT using asset seizure forfeiture funds. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None b. Elections Code 9212 Report relating to the Utility Users Tax Repeal Initiative Measure. Recommended Action: Receive and file the report and place initiative on the April 12, 2016, General Municipal Election ballot City Manager Lazzaretto presented the staff report, and asked the City Council for direction on whether the City should provide non-partisan, factual information to voters prior to the election. 5 10/06/2015 Mayor Kovacic announced that this is not a public hearing, but some speaker cards were deferred to this portion of the meeting. Lawrence C. Papp, an Arcadia resident, appeared and spoke about the City Council's failure to have the same measure go on the ballot in 2014, and requested that the rule of law be observed; and questioned whose responsibility it is to give the measure a letter. Domenico Tallerico, appeared and spoke on high taxes; he urged the City Council to place this measure on the ballot and let the voters decide; and encouraged the City to place the powerpoint presentation on the City's website. Ya-May Christle, an Arcadia resident, appeared and commented on the powerful presentation provided by City Manager Lazzaretto; she asked what the actual annual budget for the Police Department; and would like to see the City contact nearby cities to inquire on contracting police services with the Los Angeles County Sheriff's Department. As requested by Mr. Papp during the public comment period, Mayor Kovacic asked City Attorney Deitsch how a measure is given a letter; City Attorney Deitsch responded that it was either the Secretary of State or Elections Official. As requested by Ms. Christle during the public comment period, Mayor Kovacic asked City Manager Lazzaretto how much is the Police Department's annual budget; City Manager Lazzaretto responded that the Police Department's annual budget is $19,981,300, as referenced in the staff report appendices. A motion was made by Mayor Pro Tern Chandler, seconded by Council Member Tay to place the repeal of the City's Utility Users Tax on the next scheduled general municipal election on Tuesday, April 12, 2016. City Attorney Deitsch reminded the City Council that there are four resolutions on the agenda which need to be adopted relating to the placing of the Repeal of the City's Utility Users Tax on the City's general municipal election. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7092 calling and giving notice of the holding of a General Municipal election on Tuesday, April 12, 2016, for the submission of a proposed ordinance repealing the City's Utility Users Tax in its entirety. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7093 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal election to be held on Tuesday, April 12, 2016. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None 6 10/06/2015 It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7094 providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7095 setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis. AYES: Council Member Chandler, Tay, Beck, and Kovacic NOES: None City Manager Lazzaretto discussed if the City Council was interested in having the City educate the public on the impacts of the Utility Users Tax repeal through the City's website, water bills, newsletter, and town hall meetings. Mayor Pro Tem Chandler suggested $25,000; and Council Member Beck suggested $10,000. It was moved by Council Member Beck, seconded by Mayor Pro Tem Chandler, and carried on roll call vote to allocate $10,000 from the General Fund Reserve to be used to distribute nonpartisan factual information to educate the public on the impacts of the Utility Users Tax Measure. AYES: Council Member Beck, Chandler, Tay, and Kovacic NOES: None c. Accept the water and sewer rate cost of service study and direct the Public Works Services Department to follow Proposition 218 balloting procedures to establish water & sewer rates, and conduct a Public Hearing at the December 1, 2015 City Council meeting. Recommended Action: Approve Mayor Kovacic announced that at the request of City Manager Lazzaretto, this item was removed from the agenda. d. Amendment to Special Use Permit No. SUP 15-13 to allow the Downtown Arcadia Street Fair as a recurring event on First Avenue north of Huntington Drive on Saturday Nights beginning on November 7, 2015. Recommended Action: Approve Jason Kruckeberg provided the staff report. Peter Amundson, an Arcadia resident, appeared and requested the City Council approve the Special Use Permit, allowing the move of the Downtown Arcadia Street Fair on Saturdays; and referenced the same letter the City Council received regarding the event and zoning; and indicated that the street fair is vital to the City. 7 10/06/2015 Matt McSweeney, Treasurer of the Downtown Arcadia Improvement Association, appeared and noted that he is looking forward to making the street fair work; he talked about the large crowds, the heat wave and other struggles, and encouraged the City Council to approve the proposed Special Use Permit. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Beck, and carried on roll call vote to amend Special Use Permit No. SUP 15-13 to allow the Downtown Arcadia Street Fair as a recurring event on First Avenue north of Huntington Drive on Saturday Nights beginning on November 7, 2015, subject to the Conditions of Approval listed in the staff report. AYES: Council Member Chandler, Beck, and Kovacic NOES: Council Member Tay e. Resignation of Council Member John Wuo City Manager Lazzaretto announced that this is the emergency item, and explained the purpose of the need to take action now. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Beck, and carried on roll call vote to accept the resignation of John Wuo and declare a vacancy on the City Council. AYES: Council Member Chandler, Beck, Tay, and Kovacic NOES: None City Manager Lazzaretto gave direction to the City Council as to the process to follow to fill the vacancy. The City Council discussed possible individuals who might be considered to fill the vacancy. Mayor Kovacic and Council Member Beck nominated Mickey Segal Mayor Pro Tern Chandler indicated that he was not ready to make an appointment tonight, that he has reached out to someone but has not received a response. Mickey Segal, appeared and stated he was not prepared to make a decision tonight, but suggested that the person appointed not run for the election in April, 2016. It was moved by Mayor Kovacic, seconded by Mayor Pro Tem Chandler, and carried on roll call vote to place on the next City Council agenda to select an individual to fill the vacant City Council seat of John Wuo. AYES: Council Member Kovacic, Chandler, Beck, and Tay NOES: None 8 10/06/2015 ADJOURNMENT Mayor Kovacic adjourned this meeting at 9:48 p.m. in memory of long time Arcadia resident Janet Van Kirk and the nine individuals recently killed at Umpqua Community College in Oregon to Tuesday, October 20, 2015, 7:00 p.m. in the City Council Chamber. sof,•yor o i of Arcadia ATTEST: r Chi=f I puty City Clerk/ Rec,'pds Manager 9 10/06/2015