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HomeMy WebLinkAbout08/02/2016 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, AUGUST 2, 2016 CALL TO ORDER— Mayor Beck called the meeting to order at 6:03 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato and Beck ABSENT: None PUBLIC COMMENTS Helen Romero-Shaw, Public Affairs Manager, Southern California Gas Company, appeared and spoke about the Aliso Canyon storage facility, and provided some information and statistics about the facility. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the Workers' Compensation case of Janis Steese. No reportable action was taken. STUDY SESSION a. Consideration of forming a Joint Powers Authority with the Enhanced Watershed Management Plan Working Group Cities to Implement Stormwater Programs. Recommended Action: Authorize the City Manager to further investigate forming a JPA. It was moved by Council Member Chandler, seconded by Council Member Verlato, to authorize the City Manager to further investigate forming a Joint Powers Authority with the Enhanced Watershed Management Plan Working Group Cities to implement and fund stormwater programs and facilities. The motion carried on the following roll call vote: AYES: Chandler, Verlato, Tay, Amundson, and Beck NOES: None ABSENT: None The meeting adjourned at 6:40 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER— Mayor Beck called the meeting to order at 7:00 p.m. INVOCATION - Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE - Katie Seymour, daughter of Council Member Verlato 1 08-02-2016 • ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Chandler, Tay, Verlato, and Beck ABSENT: None REPORT FROM CITY ATTORNEY REGARDING STUDY/ CLOSED SESSION ITEM 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 regarding pending litigation; no reportable action was taken. City Attorney Deitsch also reported that the City Council met in a Study Session to hear a report from staff, discuss, and provide direction regarding the possibility of forming of a Joint Powers Authority with the Enhanced Watershed Management Plan Working Group Cities to implement Stormwater Programs; and indicated that on motion by Council Member Chandler, seconded by Council Member Verlato, the City Council unanimously (5-0) authorized the City Manager to further investigate the possibility of forming a Joint Powers Authority in order to implement and fund possible stormwater programs and facilities. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto noted that after the agenda was posted and distributed minor corrections were made to the City Council minutes of May 17 and May 25 (Consent Calendar item 2.a), and copies were distributed to the City Council. 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 Council Member Chandler to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of Mayor's Certificate of Commendation to Holly Avenue Teacher of the Year Susie Develle. 1. PUBLIC HEARING a. Appeal of Business Permit and License Review Board Revocation of a Business License for noncompliance with the City of Arcadia Massage Therapist and Business License Regulations by Bao Gui Sun, owner/operator of Arcadia SPA at 28 E. Duarte Road. Recommended Action: Deny Appeal and Uphold Revocation The City Council heard the item acting as the Business Permit and License Review Board. Business License Officer Vergel presented the staff report. Mayor Beck opened the public hearing. 2 08-02-2016 Steve Thomas, attorney representing Mr. Bao Gui Sun, owner/operator of Arcadia SPA, appeared and indicated that an administrative complaint has been filed with the Arcadia Police Department alleging sexual assault, and requested the City Council postpone the suspension of his client's business license until the complaint and pending criminal charges are concluded in court and his client is exonerated; and noted that he also represents Ms. Huang and Ms. Li in the two subsequent hearings on the agenda. Mr. Thomas responded to questions raised by the City Council. Joseph Lee, translator for Mr. Sun, owner/operator of the business, appeared and read a translated statement prepared by Mr. Sun defending his right to operate the business. Mr. Sun, through Mr. Lee, responded to questions raised by the City Council. Alena Wang, step-daughter of Mr. Sun, appeared and read a prepared statement in support of Mr. Sun. Mr. Sun, through Ms. Wang, responded to questions raised by the City Council. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tern Amundson, and seeing no further objection, Mayor Beck declared the public hearing closed. At the request of Council Member Verlato, Mayor Beck re-opened the public hearing to allow her to ask additional questions. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tern Amundson, and seeing no further objection, Mayor Beck declared the public hearing closed. Council Member Verlato asked City Attorney Deitsch if the City Council can make findings that the business is not being maintained in a safe manner for the type of business that is being conducted to prevent prostitution. • City Attorney Deitsch responded that the City Council must determine, based on the facts presented and the findings listed in the staff report, that Mr. Sun has violated the Arcadia Municipal Code. City Manager Lazzaretto responded to Council Member Verlato's question that additional findings can be made, based on testimony presented at the hearing, that the business activity allows for criminal activity at that location, which is undesirable to the public health, safety, and welfare. It was moved by Council Member Verlato, seconded by Mayor Pro Tern Amundson, to deny the appeal and uphold the revocation of the business license for Bao Gui Sun, and that Mr. Sun not be allowed to own or operate a massage business, or work as a massage therapist or an esthetician in the City of Arcadia for a period of one (1) year. The motion carried on the following roll call vote: AYES: Verlato, Amundson, Chandler, Tay, and Beck NOES: None ABSENT: None 3 08-02-2016 b. Appeal of Business Permit and License Review Board Revocation of a Business License for noncompliance with the City of Arcadia Massage Therapist and Business License Regulations by Xinghonq Huang at 28 East Duarte Road. Recommended Action: Deny Appeal and Uphold Revocation The City Council heard the item acting as the Business Permit and License Review Board. Business License Officer Vergel presented the staff report. Mayor Beck opened the public hearing. Steve Thomas, attorney representing Ms. Xinghong Huang, appeared and stated that due to pending criminal charges against his client, he has advised her not speak at this hearing. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared th'e public hearing closed. It was moved by Council Member Verlato, seconded by Council Member Tay, to deny the appeal and uphold the revocation of the business license for Xinghong Huang, and that Ms. Huang not be allowed to own or operate a massage business, or work as a massage therapist or an esthetician in the City of Arcadia for a period of one (1) year. The motion carried on the following roll call vote: AYES: Verlato, Tay, Chandler, Amundson, and Beck NOES: None ABSENT: None c. Appeal of Business Permit and License Review Board Revocation of a Business License for noncompliance with the City of Arcadia Massage Therapist and Business License Regulations by Ai Honq Li at 28 East Duarte Road. Recommended Action: Deny Appeal and Uphold Revocation The City Council heard the item acting as the Business Permit and License Review Board. Business License Officer Vergel presented the staff report. Mayor Beck opened the public hearing. Steve Thomas, attorney representing Ms. Ai Hong Li, appeared and stated that due to pending criminal charges against his client, he has advised her not speak at this hearing. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Tay, to deny the appeal and uphold the revocation of the business license for Ms. Ai Hong Li, and that Ms. Li not be allowed to own or operate a massage business, or work as a massage therapist or an esthetician in the City of Arcadia for a period of one (1) year. The motion carried on the following roll call vote: 4 08-02-2016 AYES: Chandler, Tay, Amundson, Verlato, and Beck NOES: None ABSENT: None d. Resolution No. 7137 approving Conditional Use Permit No. CUP 15-05 with a categorical exemption under the California Environmental Quality Act ("CEQA") for a new tutoring center in an existing commercial unit at 1012 S. Baldwin Avenue. (public hearing and public comments continued from July 19, 2016 meeting) Recommended Action: Adopt City Manager Lazaretto presented the staff report, which was continued from the July 19, 2016, City Council meeting. Mayor Beck re-opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared the public hearing closed. It was moved by Council Member Verlato, seconded by Council Member Chandler, to approve the appeal and adopt Resolution No. 7137 approving Conditional Use Permit No. CUP 15-05 with a Categorical Exemption under the California Environmental Quality Act ("CEQA") for a new tutoring center in an existing commercial unit at 1012 S. Baldwin Avenue. The motion carried on the following roll call vote: AYES: Verlato, Chandler, Tay, Amundson, and Beck NOES: None ABSENT: None PUBLIC COMMENTS Ernest Algorri, an Arcadia resident, appeared and spoke about a City owned carob tree on his property (intersection of Balboa and Cortez) that the City is planning to remove on August 22; he stated that he would like the City's assistance in allowing the tree to be pruned, not removed; he also indicated that he has been in contact with Mr. Tait and Mr. Thompson; that he has also obtained an arborist report, which indicates the tree is not diseased and should be pruned; and asked the City Council to help save the tree. City Manager Lazzaretto responded that he is aware of the situation, and that the City will look into this matter; he further responded that the City had some concerns with the status of the tree; and that he would be willing, as an alternative, to prepare an agreement to allow Mr. Algorri take control and responsibility of the tree. Spitfire Ramirez, appeared and complained about a local Arcadia attorney, Vincent Davis, who she hired regarding a landlord-tenant matter on her behalf, and took her money. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense(AB 12341) 5 • 08-02-2016 Mayor Pro Tern Amundson announced that he and Council Member Verlato attended Congresswoman Judy Chu's 7th Annual Congressional Leadership Awards, and indicated that City Clerk Glasco received the Community Activist of the Year Award; he indicated that City Clerk Glasco was the only recipient who received a standing ovation, and thanked him for his hard work and dedication and service to our country including all the veterans; he spoke about masseuses and sex trafficking and indicated that Southern California is the center of sex trafficking in country, and indicated that the whole monitoring of the massage industry is a quality of life issue for Arcadia and is glad to see that Arcadia is standing up against it; and expressed his personal and professional thoughts on the passing of former Mayor Floretta Lauber and provided information on the date of her services. Council Member Chandler also expressed his personal thoughts on the passing of former Mayor Floretta Lauber and noted that she will be missed. Council Member Tay also commented on the passing of former.Mayor- Floretta Lauber and noted that she will be missed; he announced that he attended the Arcadia Chinese Association installation dinner, and that that Aaron Ross was installed as President;!he provided some comments on the City Council team building meeting on Monday, August 1; and indicated that one of his goals this year is helping immigrants learn more about Arcadia cultures and Arcadia learning more about the immigrants' culture. Council Member Verlato announced that she also attended Congresswoman Judy Chu's event where City Clerk Glasco was presented with the Community Activist of the Year Award; she commented on his very moving speech on his experience in the Vietnam War, and his motivation and drive for building a monument, and that the award was very well-deserved; she also indicated that another Arcadia resident, Kin Hui, received the "Business Person of the Year Award" from Congresswoman Judy Chu; she stated that she missed the Planning Commission meeting, and provided an update on appeals and other actions taken by the Planning Commission, and that one project was appealed which will be brought forward to the City Council in the near future, and that there are about 200 projects at any given time through the process, which is keeping staff busy; and also commented on the passing of Floretta Lauber, she indicated that she did not really know Floretta Lauber, but appreciated her carving the path for women to contribute and serve the community on the City Council, and thanked her on behalf of all the female residents of Arcadia for laying the course for women. City Clerk Glasco thanked Council Member Verlato and Mayor Pro Tern for attending Congresswomen Judy Chu's Congressional Leadership Awards; and also expressed his sadness on the passing of former Mayor Floretta Lauber, who was a dear friend and mentor of his; and read a prepared statement on her accomplishments in the community; and announced that Assembly Member Ed Chau will be adjourning a session of the California Assembly in memory of Floretta. - Mayor Beck called up the Boy Scouts from Troop 125 and introduced them, and explained that the Boy Scouts are in attendance because they are working on their Citizenship in the Community merit badge, which is an Eagle Scout requirement, and thanked them for attending; he also introduced Sharleen Nakamoto, from Troop 125, and thanked her for bringing the Boy Scouts to the meeting. Mayor Beck also noted that he received a letter from Leroy and Richard Wortz complimenting the Arcadia Fire Department and certain officers of the Arcadia Police Department for the 6 08-02-2016 compassion and kindness they showed them on the passing of their mother at Fire Station #106; he also echoed the remarks of the other Council Members on the passing of Floretta Lauber. 2. CONSENT CALENDAR a. Regular Meeting Minutes of May 17, 2016, Special Meeting Minutes of May 25, 2016, Special and Regular Meetings Minutes of June 7, 2016, and Special and Regular Meetings Minutes of June 21, 2016. Recommended Action: Approve b. Resolution No. 7140 determining the amount of revenue to be raised from property taxes for Fiscal Year 2016-17 to pay for the debt service on the 2011 and 2012 General Obligation Bonds. Recommended Action: Adopt c. Resolution No. 7141 authorizing the Arcadia Police Department to use funds allocated from the Citizens' Option for Public Safety - Supplemental Law Enforcement Services Fund ("COPS-SLESF") for the purpose of front line police services. Recommended Action: Adopt d. Resolution No. 7142 Repealing Resolution No. 6596 and establishing the dates, time, and location for regular meetings of the Arcadia Beautiful Commission. Recommended Action: Adopt e. Ordinance No. 2338 amending Chapter 7 of Article IX of the Arcadia Municipal Code with an exemption under the California Environmental Quality Act ("CE-QA") to add additional protected trees and unprotected trees to the City's tree preservation regulations. Recommended Action: Adopt f. Professional Services Agreement with PFM Asset Management LLC for investment advisor services in an amount not to exceed $45,000. Recommended Action: Approve g. Accept all work performed by Hardy and Harper, Inc. for the pavement rehabilitation protect on Camino Real Avenue and Sixth Avenue as complete, and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve h. Accept all work performed by General Pump Company for inspection and rehabilitation of Longden Well 1 as complete and authorize final payment. Recommendation: Approve Purchase of a Police SWAT Robot from Aardvark in the amount of$49,704. Recommendation: Approve j. Purchase Order with Daniels Tire Service, Inc. for the purchase of tires and tire related services for City vehicles in the amount not to exceed $86,276.20. Recommended Action: Approve 7 08-02-2016 It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.j. The motion carried on the following roll call vote: AYES: Council Member Tay, Chandler, Verlato, Amundson, and Beck NOES: None ABSENT: None ADJOURNMENT Mayor Beck adjourned this meeting in memory of Former Mayor Floretta Lauber at 9:45 p.m. to Tuesday, August 16, 2016, 6:00 p.m. in the Council Conference Room. Mayor of the City o rcadia ATTEST: A .AALA hi:f De•'uty City Clerk/ Rec•r. Manager 8 08-02-2016