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HomeMy WebLinkAboutItem 2a - Special Meeting Minutes of October 3, 2017, Special Meeting Minutes of October 11, 2017 and Regular Meeting Minutes of October 17, 2017 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, OCTOBER 3, 2017 CALL TO ORDER – Mayor Amundson called the Special Meeting to order at 5:00 p.m. in the City Council Conference Room, 240 W. Huntington Drive, Arcadia, California. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Verlato, Tay, and Amundson ABSENT: None PUBLIC COMMENTS – no one appeared. The City Council interviewed four potential Planning Commission candidates for appointment to fill one unexpired term ending June 30, 2018. At the conclusion of the interviews, the City Council made the following nominations: It was moved by Council Member Verlato and seconded by Council Member Beck to appoint Brett Mitulski to fill the unexpired term on the Planning Commission ending June 30, 2018. The motion failed to carry on a roll call vote. AYES: Verlato and Beck NOES: Chandler, Tay, and Amundson ABSENT: None The following motion was then made: It was moved by Council Member Chandler, seconded by Mayor Pro Tem Tay, and carried on roll call vote to appoint Donald Fandry to fill the unexpired term on the Planning Commission ending June 30, 2018. AYES: Chandler, Tay, Beck, Verlato, and Amundson NOES: None ABSENT: None At 5:42 p.m. the City Council convened to a Closed Session. CLOSED SESSION (CLOSED TO THE PUBLIC) a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Richard Salmon, an individual v. City of Arcadia; Elgin Sweeper Company, a Delaware Corporation; Juan Carlos Calderon, an individual; Samuel Andrew Delgado, an individual, and Does 1 through 25 (Los Angeles Superior Court Case No. BC595969). No reportable action was taken on this item. The Special Meeting ended at 6:25 p.m. 1 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER 11, 2017 CALL TO ORDER – Mayor Amundson called the Special Meeting to order at 4:33 p.m. in the City Council Chamber, 240 W. Huntington Drive, Arcadia, California. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Verlato, Tay, and Amundson ABSENT: None Pursuant to Government Code Section 54953(b), Mayor Pro Tem Tay participated in the City Council meeting via teleconferencing from the Ko Olina Beach Club, 92-161 Waipahe Place, Room #21517, Kapolei, HI at 1:30 p.m. (Hawaii Time). CLOSED SESSION (Conference Room) a. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation – one (1) case. City Manager Lazzaretto provided information regarding the process of the meeting; and assured the public that no decisions will be made in Closed Session regarding districting. City Attorney Deitsch provided additional information regarding the Ralph M. Brown Act (the “Brown Act”) and the purpose of the Closed Session regarding a letter threatening litigation from Attorney Shenkman dated June 6, 2017, alleging that the City was in violation of the California Voting Rights Act (“CVRA”); and explained what the City is allowed to do in Closed Session regarding the item listed on the agenda, and indicated that the City Council will not make any decisions in Closed Session. City Manager Lazzaretto indicated that the City Council will receive public comments prior to the City Council recessing to Closed Session, and that there will be a 3 minute time limit per speaker. PUBLIC COMMENTS ON CLOSED SESSION ITEM Liangyi Gu, an Arcadia resident, appeared and asked if the City Council was following all legal procedures properly; she recapped actions taken by the City Council at the last meeting; and urged the City Council to vote no on Resolution No. 7186, and adopt Ordinance No. 2350. Nelson Ge, an Arcadia resident, appeared and spoke about the legal issues related to the adoption of the ordinance; he spoke about the threatened litigation; and urged all Council Members to use extreme caution when making decisions under pressure, and to make the decision which is least harmful to the City, and that is in the best interest of the residents. Fred Hou, an Arcadia resident, appeared and indicated that he agrees with the previous speakers’ comments; and urged the City Council to make the right decision, which is beneficial to the residents. 2 Dan Li, did not appear, but a statement was read on his behalf (no name given); he urged the City Council not to waste time discussing how the law was unfair and the chance of winning or losing in the Closed Session or its favorite map; and indicated that the residents are counting on the City Council to make the right decision. Gina Truex, an Arcadia resident, appeared and indicated that she supports the Orange Map. Susan Guo, an Arcadia resident, appeared and noted the many emails that were sent to the City Council; she encouraged the City Council to take no action on the item, and thanked the City Council in advance for making the right decision. Ms. Guo addressed Council Member Verlato regarding her decision to rescind Resolution No. 7179, and urged her to leave behind her disagreements regarding the map selection process, and join the majority of the City Council’s good judgment. Dr. Sheng Chang, an Arcadia resident, appeared and expressed his concerns regarding the City Council’s intention to rescind its previous decision to change the method of elections from at-large to by-districts; he commented on the CVRA requirement that ensures the fair participation of all ethnic groups; and noted that if the City Council wants to reconsider alternative maps, he recommended Maps L or B. Cathy Tan, an Arcadia resident, appeared and discussed the financial impact to the residents and the City, if the City Council decides to rescind Resolution No. 7179, and recommended the City Council take no action. Alice (last name not given) appeared through a translator, and expressed her concerns to vote no to Resolution No. 7186, and move forward to adopt Ordinance No. 2350 and the Purple Map. City Manager Lazzaretto announced that pursuant to Government Code Section 54956.9(d)(2), the City Council will recess to Closed Session to confer with legal counsel regarding anticipated litigation – one (1) case. The City Council recessed at 5:05 p.m. to Closed Session. The Closed Session ended at 6:14 p.m. with no reportable actions. OPEN SESSION (Council Chambers) – the City Council reconvened at 6:20 p.m. City Attorney Deitsch reported that no reportable action was taken by the City Council in Closed Session. a. Discussion and possible action concerning the following matters related to the proposed transition to district based elections: Option 1: a. Motion to reconsider adoption of RESOLUTION NO. 7179 DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010(e)(3)(A), AUTHORIZING THE CITY MANAGER TO RETAIN THE SERVICES OF A DEMOGRAPHER TO DRAW DISTRICT MAPS, AND FINDING THIS TRANSITION EXEMPT 3 FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(B)(5) [motion must be made by a Council Member who voted to adopt Resolution No. 7179], and if motion passed; b. Motion to adopt RESOLUTION NO. 7186 RESCINDING RESOLUTION NO. 7179 PERTAINING TO TRANSITION FROM AT-LARGE TO BY-DISTRICT CITY COUNCIL ELECTIONS Option 2: Take no action City Manager Lazzaretto provided background information and prior actions taken by the City Council regarding the agenda item, and the process. PUBLIC COMMENTS ON THE OPEN SESSION ITEM Elizabeth Royball, an Arcadia resident, appeared and indicated that the City should not waste money on lawsuits, that the money can be better spent on school lunches. Lillian Cheng, an Arcadia resident, appeared and encouraged the City Council not to spend taxpayer money on lawsuits, that the money should be used for the youth and seniors. City Manager Lazzaretto announced that the City received 211 emails between October 4 and 4:00 p.m. today; that emails received after 4:00 p.m. were forwarded to the City Council; he noted that a majority of the emails encouraged the City Council to move forward with the adoption of the ordinance and avoid a lawsuit. Janet Chan, an Arcadia resident, appeared and encouraged the City Council to move forward with the adoption of the ordinance, and indicated that the Purple Map is not the end of the world. Water Keeney, an Arcadia resident, appeared and indicated that he is against district elections, and feels that the City is being blackmailed. Richard McDonald, Esq. representing the Chinese American Equalization Association, appeared and expressed his support of staff’s recommendation, and urged the City Council to take no action. Judy Xu, an Arcadia resident, appeared and indicated that the lawsuit will cost the City a lot of money; she asked each City Council Member what is their intention as a Council Member; and why would the City Council want to move back to at-large elections after agreeing to the Purple Map? City Manager Lazzaretto explained the process of rescinding Resolution No. 7179, and asked the City Council if they would like to rescind Resolution No. 7179. Council Member Verlato made a motion to consider rescinding Resolution No. 7179. Council Member Beck seconded. Mayor Amundson indicated that he is not in favor of districts, and shared his reasons; he spoke about a federal lawsuit filed by Project on Fair Representation who are challenging the California Voting Rights Act; he also indicated that he has emails from other cities that are in support of 4 working together to defeat this in federal court rather than in state court, and that his decision tonight will be based on the better option. Council Member Verlato solicited two other Council Members who would consider reconsidering the map as suggested by Mr. McDonald for a future special meeting to pick the best map for the City of Arcadia. Council Member Beck concurred. No other Council Member support was given. Council Member Verlato explained the reasons for her motion to reconsider, and why she is not in favor of the Purple Map. Council Member Chandler explained his concerns regarding citizen voting age population. Council Member Beck indicated that he agrees with Council Member Verlato’s concerns; and further indicated that he is against districts and explained his reasons. Mayor Pro Tem Tay indicated that the demographer is a neutral party, responded to comments made by Council Member Beck; he indicated that he understands that no one wants to change to district elections, but noted that if a City wins a lawsuit, the City can return to at-large elections. City Manager Lazzaretto and City Attorney Deitsch explained what a no vote and yes vote would represent on the motion on the floor. A motion was made by Council Member Verlato and seconded by Council Member Beck to reconsider adoption of Resolution No. 7179 declaring its intention to transition from at-large to district-based elections pursuant to California Elections Code Section 10010(e)(3)(a), authorizing the City Manager to retain the services of a demographer to draw district maps, and finding this transition exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3), 15320, and 15378(b)(5). The Motion failed to carry on a roll call vote. AYES: Verlato, Beck NOES: Chandler, Tay, Amundson Mayor Amundson asked for two Council Member votes to agendize for a future meeting how the City can support the City of Poway in the Project on Fair Representation matter. Council Member Beck and Council Member Verlato concurred. The Special Meeting ended at 7:01 p.m. 1 10-17-2017 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, OCTOBER 17, 2017 CALL TO ORDER – Mayor Amundson called the meeting to order at 4:04 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Verlato, Tay, and Amundson ABSENT: None PUBLIC COMMENTS – No one appeared CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Administrative Services Director Hue Quach, and Assistant City Manager/Development Services Director Jason Kruckeberg. Employee Organizations: Arcadia Public Works Employees Association, Arcadia Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers’ Association, Arcadia Firefighters’ Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees. No reportable action was taken on the Closed Session item. The Closed Session ended at 7:00 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Amundson called the regular meeting to order at 7:07 p.m. INVOCATION – Rabbi Sholom Stiefel, Chabad of Arcadia PLEDGE OF ALLEGIANCE – Travis Ring, Arcadia Firefighter/Paramedic ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Verlato, Tay, and Amundson ABSENT: None REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Deitsch reported that the City Council met in Closed Session to consider the one item listed on the posted agenda under Closed Session, no reportable action was taken. 2 10-17-2017 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 Mayor Pro Tem Tay and seconded by Council Member Chandler to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation to outgoing Planning Commissioner Ching Chiao. b. City Clerk to administer the Oath of Office to newly appointed Planning Commissioner Donald Fandry. The Pasadena Humane Society appeared and presented an adoptable dog. 1. PUBLIC HEARING a. Appeal of the Planning Commission's approval to overturn the Santa Anita Oaks Home Owners' Association Architectural Review Board Chairperson's denial of a new circular driveway at 1231 San Carlos Road (HOA Appeal No. HOA 17-01) with a categorical exemption under the California Environmental Quality Act (“CEQA”). Recommended Action: Approve the Appeal and Uphold the ARB Denial Planning/Community Development Administrator Flores presented the staff report. City Manager Lazzaretto announced for the record that a letter was received by Attorney Scott Carlson, of Carlson & Nicholas, LLP, who represents the applicant’s Tom and Ellen Crosby. Mayor Amundson opened the public hearing. Vince Vargas, Santa Anita Oaks Homeowners Association Board Member, appeared and provided the reasons why the ARB denied the Applicant’s request for a circular driveway; and encouraged the City Council to uphold the appeal and reverse the Planning Commission’s findings. Scott Carlson, attorney for the applicant, appeared and stated that the Planning Commission’s findings indicated traffic safety issues; that the Architectural Review Board (“ARB”) adopted a standard that is inconsistent with the Development Code; that the ARB does not have written standards or the capacity to decide when a circular driveway may or may not be granted; and indicated that the decision should be made by the City Council. Tom Crosby, the applicant, appeared and explained his reasons why the circular driveway should be granted; he stated that there is no written provision in the Santa Anita Oaks Association By-Laws, Resolution No. 6770, or the Arcadia Municipal Code denying the right to rebuild circular driveways when meeting City Zoning Codes; he expressed safety concerns; and asked the City Council to approve the circular driveway. 3 10-17-2017 Council Member Beck questioned Mr. Crosby’s safety concerns; and indicated that he does not feel there are safety issues. Council Member Verlato also questioned Mr. Crosby’s safety concerns; and stated that the initial design took into account those safety concerns. Jack Lynch, Santa Anita Oaks Association Board Member, appeared and explained the reasons why the ARB was opposed to the circular driveway. Donna Perez, a resident of the Santa Anita Oaks, appeared and spoke about the standards put in place by the Homeowners’ Association and ARB; she stated that the standards prohibit circular driveways; that circular driveways cause excess hardscape and act as parking lots; and asked the City Council to uphold the appeal. Linda Crawford, a resident of the Santa Anita Oaks, appeared and explained her reasons why she is opposed to the circular driveway; she stated that there are no safety issues; and asked that the applicant conform to the standards put in place by the ARB. Takashi Cheng, a resident of the Santa Anita Oaks, appeared in support of the Applicant’s request for a circular driveway; he indicated that there is no state or federal law prohibiting circular driveways; and explained his reasons why the circular driveway should be granted. In response to Council Member Beck’s inquiry, Mr. Vargas indicated that Mr. Cheng had previously requested that his current driveway be replaced with a circular driveway. In response to Council Member Chandler’s questions, Mr. Vargas explained the reasons why the standards prohibiting circular driveways were put in place; and at the request of Council Member Chandler, Mr. Vargas stated that he would provide the City Council with minutes from the meeting in which the ARB voted to adopt those specific standards. Mayor Pro Tem Tay commented on Mr. Vargas’ concerns regarding parking on circular driveways; he indicated that his concern is street parking; and noted that he would rather see cars parked on driveways. Tom Walker, ARB Chair of the Santa Anita Oaks Association, appeared and expressed the reasons why the ARB is opposed to circular driveways; he spoke about the Association’s design standards and their purpose; and asked that the City Council approve the appeal and uphold the ARB’s denial. A motion to close the public hearing was made by Council Member Chandler seconded by Mayor Pro Tem Tay, and seeing no further objection, Mayor Amundson declared the public hearing closed. It was moved by Council Member Beck, seconded by Council Member Verlato and carried on roll call vote to approve the appeal and overturn the Planning Commission’s approval of Home Owners’ Association Appeal No. HOA 17-01, and uphold the Santa Anita Oaks Home Owners’ Association Architectural Review Board Chairperson’s denial of a new circular driveway at 1231 San Carlos Road, and find that the project is Categorically Exempt under the California Environmental Quality Act (“CEQA”). 4 10-17-2017 AYES: Beck, Verlato, and Amundson NOES: Chandler and Tay ABSENT: None PUBLIC COMMENTS Nash Eskander, an Arcadia resident, appeared and expressed his frustration over several citations he received from the Police Department. Shuk Rashidi, an Arcadia resident, appeared and stated that Chief Guthrie earlier addressed his concerns regarding false alarms; and expressed his concerns over his neighbor possibly renting rooms to separate individuals, and inquired if this was legal in Arcadia. In response to Mr. Rashidi’s concerns, Assistant City Manager/Development Services Director Kruckeberg indicated that if the home was considered a boarding house, it was not permissible in a single-family zone, and requested the property address; and stated that the Planning Division would look into the matter. Mark Liu, appeared and presented the City Council with invitations for the unveiling ceremony honoring Dr. Robert Wilson on November 12; he announced that a monument was being donated to the Arcadia Methodist Church to commemorate Dr. Wilson. 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 announced on October 27, former Mayor Jim Helms will be presented with the Hiram Award at the Masonic Lodge; on October 30, a joint meeting with the Arcadia Unified School District Board; and on November 3, is the Veterans Day Luncheon at the Community Center; he reminded everyone that the City has an ordinance in place prohibiting Airbnb rentals; and indicated that staff is looking into the issue of multiple cars parked on circular driveways. Council Member Chandler had nothing to report. Council Member Verlato announced that on October 27, the Downtown Arcadia Improvement Association will be having their Halloween Haunting from 3-5 p.m., followed by a costume contest and Halloween Parade at the Arcadia Transit Plaza, and invited everyone to attend. Mayor Pro Tem Tay expressed his frustration over the district map selection process; he indicated that the City must comply with the California Voter Rights Act in order to avoid a lawsuit; he noted that the Purple Map is the most harmonious map; and indicated he uses WeChat to keep the community informed about the City. City Clerk Glasco announced that November 4 is the Shine a Light on Veterans Fundraising Dinner, and that the proceeds will be used for the purchase and installation of the lighting for the Arcadia Vietnam War Monument. Mayor Amundson also announced that October 30, is the joint meeting with the Arcadia Unified School District Board of Education, and noted that it is a open to the public, and encouraged the public to attend; he announced that the Senior Lunch Program has been recognized with the 2017 Congressional Recognition of Excellence Award, and that Congresswoman Judy Chu would be presenting staff members with the award, and thanked the staff for their hard work; 5 10-17-2017 that the City of Arcadia has joined together with the “10 Minute Walk to a Park Campaign”, and shared a short video of the campaign. Mayor Amundson further announced that City Manager Lazzaretto’s wife, Christine Lazzaretto, was honored for her efforts, on behalf of the Los Angeles County Arboretum, by the California Preservation Foundation; he spoke about inquiries that he has received regarding shutting down illegal massage parlors; and encouraged everyone to report suspicious activity to the non-emergency police phone number. 2. CONSENT CALENDAR a. Resolution No. 7184 amending the Fiscal Year 2017-18 Annual Capital Improvement Program to include RMRA Funding for various pavement and concrete rehabilitation projects. Recommended Action: Adopt b. Extension to the Contract with Siemens Industry, Inc. for extraordinary repairs of traffic signals in the amount of $45,588.60. Recommended Action: Approve c. Extension to the Contract with Sheldon Mechanical Corporation for HVAC preventative maintenance services at various City facilities in the amount of $138,984. Recommended Action: Approve d. Accept all work performed by Doug Martin Contracting, Inc. for the Fiscal Year 2016-17 Annual Slurry Seal Project as complete. Recommended Action: Approve It was moved by Mayor Pro Tem Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.d. AYES: Tay, Chandler, Verlato, Beck and Amundson NOES: None ABSENT: None 3. CITY MANAGER a. Ordinance No. 2350 adding Section 1704 to Chapter 7 of Article I of the Arcadia Municipal Code establishing by-district elections, defining district boundaries, and scheduling elections within the districts. Recommended Action: Adopt City Manager Lazzaretto presented the staff report. Mayor Amundson announced that he would allow public comments on City Manager item 3. a. Janet Chan, an Arcadia resident, appeared and expressed her support of the Purple Map; and thanked the City Council for moving forward with Ordinance No. 2350. Susan Guo, an Arcadia resident, appeared and also expressed her support of the Purple Map, and expressed her gratitude to the City Council for moving forward with Ordinance No. 2350; and urged the City Council to adopt the ordinance. 6 10-17-2017 Stella Gu, an Arcadia resident, appeared and spoke about their role as City Council Members; and stated that their actions will affect their re-election. Nelson Ge, an Arcadia resident, appeared and expressed his support of Ordinance No. 2350, and urged the City Council to adopt Ordinance No. 2350. Ian Howe, an Arcadia resident, appeared and encouraged the City Council to adopt Ordinance No. 2350. Philip Chan, an Arcadia resident, appeared and expressed his support of Ordinance No. 2350. Kathy Tan, an Arcadia resident, appeared and expressed her support of the Purple Map. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Tay, and carried on roll call vote to adopt Ordinance No. 2350 adding Section 1704 to Chapter 7 of Article I of the Arcadia Municipal Code establishing by-district elections, defining district boundaries, and scheduling elections within the districts. AYES: Chandler, Tay, and Amundson NOES: Beck and Verlato ABSENT: None b. Report, discussion, and direction regarding the matter of Higginson v. Becerra, and the City of Poway concerning the constitutionality of the California Voting Rights Act. Recommended Action: Provide Direction City Attorney Deitsch presented the staff report. It was moved by Council Member Beck, seconded by Mayor Pro Tay, and carried on roll call vote to lend the City of Arcadia’s name to future amicus briefs pending review of the City Attorney; and defer a final determination on funding pending further review from the City Attorney. AYES: Beck, Tay, Chandler, Verlato, and Amundson NOES: None ABSENT: None ADJOURNMENT The City Council meeting adjourned at 10:21 p.m. to November 7, 2017, 6:00 p.m. in the Council Conference Room.