Council delays plans for Verdugo Wash project – outlooknewspapers.com

“The design approach focused on creating a safe and comfortable path for pedestrians and cyclists, focused on connectivity between neighborhoods and providing amenities for neighboring communities,” the City of Glendale’s Verdugo Wash website states. “Improved vegetation will help green the trail and utilize fire resistant plantings.”

City Council members first agreed to delay their approval of a $5.76 million contract — entirely funded through state grants — with Michael Van Valkenburgh Associates Inc. for the Verdugo Wash Master Plan at the September 10, 2024 meeting.

The master plan, which is expected to take about three years to complete, will be a step forward from the Visual Study for the project, which was completed in April 2022.

The plan will expand the study, further analyze the project’s feasibility and include an information campaign, stakeholder interviews, site tours, information sessions, workshops and other efforts, according to a report prepared by the community development department.

On Tuesday, City Attorney Mike Garcia said the council vote was originally extended from September so the city could receive a “letter of advice” from the Fair Political Practices Commission (FPPC) regarding the involvement of Councilmen Vartan Harpetian, Dan Brotman and Ara Najarian in a hearing on the treaty. Harpetian, Brotman and Najarian all live in or have interests in property near Verdugo Wash.

This week, the board continued its vote on the same contract with plans to appeal the FPPC advisory letter and request a second opinion based on new evidence regarding the eligibility of Gharpetian and the Najarians to participate in the vote.

Gharpetian and Najarian publicly disclosed their conflicts of interest with the proposed project, based on Garcia’s opinion, during the Sept. 10 meeting.

Najarian’s wife, Palmyra Perez-Najarian, owns property with about 50 feet of frontage on Verdugo Wash.

Gharpetian owns three properties in the Verdugo Woodlands neighborhood that are within 300 feet of the wash.

In December 2024 The FPPC issued an opinion concluding that Harpetian and Najarian had a disqualifying conflict of interest, while Brotman did not, under the “general public rule,” which dictates a public official’s eligibility to participate in decisions that may affect their financial interests. is stated on the FPPC website.

Garcia said that under the rule, Brotman is allowed to participate in the discussion because his property is his primary residence and is one of the 15 percent of other properties affected by the project in the city. Brotman’s rate is about 15.1%, according to the city’s Geographic Information System (GIS). The FPPC routinely uses such GIS figures to determine whether the rule is enforceable, he said.

“It only applies at the 15% level for Councilmember Brotman because this is his primary residence and is his only property within the 500-foot buffer. Whereas it was a little different [for] Council Members Najarian and Harpetian,” Garcia said.

Gharpetian and Najarian were advised to recuse themselves from the decision-making process for the project and were invited to participate in the discussion as members of the public.

Najarian claims the data provided by the city is flawed and likely has a 1 percent margin of error. He said the FPPC’s opinion gives a “knee-jerk response” that Garpetian and himself benefit from the wash project, while acknowledging in his letter that it impacts the city as a whole.

“How can you say something is central to the fabric of the city and say it’s just me and Garpetian getting influence and not the whole city?” Najarian said. “Well, then, if it’s a wonderful thing for the town, it’s a wonderful thing for everybody, and I should be able to participate, as well as Mr. Harpetian. If you cut me out at this stage and cut out Mr. Garpetian, that’s a miscarriage of justice and it’s a disenfranchisement of Glendale residents.

Council member Ardi Kasakhian said he had no problem with his “conflicted” colleagues participating and was willing to give them time to clarify certain information and provide new evidence to the FPCC, but was concerned that Najarian was trying to delay the vote on the advice.

“You [Najarian]they’re certainly not familiar with making legal arguments to anybody and let’s get that definitive answer so we can get on with it, but I think [to] go ahead with it, I almost feel like it’s a delay tactic and I could be wrong, but that’s what it’s starting to feel like,” Kasskahian said.

Mayor Elen Asatryan and Brotman said they don’t understand why Najarian suddenly chose to object after he had no problem backing out of previous discussions about Verdugo Wash.

Najarian said that when he chose to recuse himself, it was based on legal advice given by Garcia. It wasn’t until Najarian read the FPCC rules that he saw that there were exceptions and realized that he needed to advocate for participation in the decision.

Brotman said he was eager to move forward and that he viewed Najarian’s actions as a “filibuster,” an unscrupulous delaying tactic. He said another council will be at the podium when it comes time to decide where, when and how to build something for Verdugo Wash.

“I don’t want two council members [who] we oppose this project so that we can stop the majority from moving forward with someone who has a great benefit to the city,” he said. “I would hate to turn around after two months of dealing with FPPC, getting the same response again, only to find that we no longer have that funding.”

Harpetian said he was not trying to delay the council’s vote and encouraged his colleagues to move forward during the meeting if they wished.

“I think my problem with the opinion letter that we got from the FPPC is … we have a general ordinance and you apply it to different projects and it doesn’t always work out right and I think this is one of those situations,” Garpetian said .

In his argument, Gharpetian refers to page 14 of the FPPC’s “Review of Conflicts of Interest Under the Political Reform Act” and interprets the text to mean that he and Najarian are not in conflict.

“If you’re telling me it’s only going to affect people who live within 500 feet of this project and no one else, I don’t think any of us here believe that,” he said.

Kassakhian requested that the Gharpetian and Najarians’ additional facts and circumstances be presented to the FPPC within two weeks of Tuesday’s council meeting. It also directed officials to proactively contact the FPPC and try to seek a fresh opinion from them within three to four weeks of submitting complaints.

Garcia said it will likely take more than 30 business days for the FPPC to respond, and about three months before staff can bring the matter back on the agenda for a council meeting.

Kasakhian said he is concerned about the fairness and equal treatment of all individuals on the council. If the FPPC comes back with a new decision allowing Garpetyan and Najarian to participate, it may not affect the outcome of the vote, he said.

“It’s not going to look the best if we move forward without their input, if there’s a chance they’re going to be legitimately involved in the decision on this,” Kasakhian said. “I think it’s important to get clarity because it will better inform us not only in this decision but in other decisions going forward.”

On Tuesday, Glendale residents shared a mix of opinions on the project, ranging from fears of wasted tax dollars, concerns about safety and bike lanes, second-hand discomfort with council members bickering over the topic and excitement about the potential to transform Verdugo Wash.

Members of the public were given one minute to share their comments on the proposed project.

Brenna Cancilla said she believes shared outdoor spaces bring people together. She thinks Glendale should do something with Verdugo Wash that resembles the bike lanes and parks on the Santa Clara River.

“I think building something like this in Glendale, or at least looking at the feasibility of it and understanding it, will improve the quality of life for Glendale residents … and also encourage people from other places to come and enjoy it as well,” she said. “This has the potential to be a truly amazing project and something wonderful for Glendale. It’s just a study, and I think we deserve to understand what that might be, what the downsides are, so you can make a good decision going forward.”

Glendale Community College professor Mike Reed said what he witnessed from council members Tuesday was troubling and that more data is needed to address concerns about the project.

“We need more information about what could be great about this project and what could happen. I strongly urge you to proceed with the technical feasibility study and perhaps create a visionary park that will make Glendale a destination for both tourists and regional visitors,” Reid said.

Caller Karen Betzold said she’s not opposed to putting more green spaces and bike lanes in Glendale where appropriate. Her concern, she said, is that the project will use tax dollars to transform the flood control channel, which acts as a safety feature, into a recreational space.

Another caller, Cheryl Wells, said the state grant funds for the contract should go toward other projects in the city and the wash should remain a flood control channel.

“I don’t want any noise, lights and loss of privacy, crime and excessive traffic to be brought to our neighborhood,” Wells said.

Meanwhile, Asatryan said that even if they proceed with a vote on Tuesday, they are only proceeding with the study for the wash project, which will go back to the council for review and approval. She invited residents to check out Verdugo Wash on the city’s website to see what the project concept entails.

“This is not a bike lane project. It is an entertainment project,” she said.