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Home My WebLink About10/11/2017 - Special Meeting Minutes 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. 1 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 2 FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(6)(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 3 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 Tern 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. ip.// C%%L Ar.„,,_ / ayor of the City of 'cadia ATTEST: 11 I YAM/OL, Chief eputy City Clerk/ Recokds Manager 4