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HomeMy WebLinkAboutItem 1a - Regular Meeting Minutes of April 17, 2018 and Special Meeting Minutes of April 24, 2018 1 04-17-2018 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, APRIL 17, 2018 CALL TO ORDER – Mayor Amundson called the meeting to order at 5:03 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Chandler, Verlato, Tay, and Amundson ABSENT: None PUBLIC COMMENTS The following individuals appeared and provided comments regarding Closed Session item (a). Steven Rhee, an Arcadia resident, appeared and commented on the data gap issues referenced in the Verizon lawsuit; he stated that they do not want cell towers, and urged the City Council to continue fighting on behalf of the residents; he discussed the use of small cell tower devices; and thanked the City Council for serving. Mimi Quan, an Arcadia resident, appeared and commended the City’s public hearing process, and urged the City Council to continue fighting to protect the interest of the City; she also discussed small cell tower devices; and urged the City Council to continue advocating for the residents and the City. Katy Mui, an Arcadia resident, appeared and stated that she lives in District 5, and urged the City to keep fighting; she read a prepared statement by Edward Mui opposing the proposed cell tower plan by Verizon, and urged the City to continue fighting. Gary Schwartz, an Arcadia resident, stated that he lives across the street from the proposed cell tower site; he stated that many residents in the City are against cell towers; and reminded the City Council that it is their job to protect and support the City. At 5:21 p.m. the City Council recessed to Closed Session. CLOSED SESSION a. Los Angeles SMSA Limited Partnership, a California limited partnership d/b/a Verizon Wireless v. City of Arcadia; (United States District Court, Central District, Case No.: 2:17-cv-03778 DSF JEMx). b. Pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation. Title: City Manager No reportable action was taken on the Closed Session items. The meeting ended at 6:57 p.m. 2 04-17-2018 REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Amundson called the regular meeting to order at 7:06 p.m. INVOCATION – Mayor Peter Amundson PLEDGE OF ALLEGIANCE – Arcadia Resident, Army Major Stuart Chan 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 prior to the regular meeting, the City Council met in a Closed Session to consider the two items listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated that Teri Muse from Waste Management will be making a presentation to the City under Presentations. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL It was moved 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. There being no objection, the motion was considered approved. PRESENTATIONS a. Presentation of kittens by Jamie Holeman of Pasadena Humane Society for Kitten Week. b. Presentation of 2018 Donate Life Run/Walk Proclamation. c. Presentation of Legacy Award to Arcadia resident David Lee. Teri Muse, representing Waste Management, appeared and presented the City with its third quarter paint care reimbursement check from the State of California and provided updates on waste management and recycling programs in the City. PUBLIC COMMENTS Linda S. Consalvi, an Arcadia resident, appeared and responded to comments made by Mayor Pro Tem Tay at the last City Council meeting regarding developers and development in the City; she stated that she has seen developers chip away at homes, and that there needs to be a better way to control new development in Arcadia; she spoke about the FAR between north and 3 04-17-2018 south Arcadia; she stated that young families cannot afford to buy homes in Arcadia; and indicated that she is sick of Arcadia being the place where developers go shopping. Edmund Liu, an Arcadia resident, appeared and stated that he is glad the election is over, but feels that it is just the beginning of a movement; he spoke about the election process, and feels that people are already united; he stated that the next election is in two years and hopes the City Council can work together to bridge the two sides and stop spreading more hate and to stop speaking bad about each other; he urged the City Council to follow the trend and past traditions and name Mayor Pro Tem Tay as Mayor; he stated that under Mayor Pro Tem Tay’s leadership, he feels the Arcadia community will be united as one community. Liangyi Gu, an Arcadia resident, appeared and read an excerpt from the book Homesick: My Own Story” by Jean Fritz; she also read a letter from the Chinese community, and urged the City Council to consider naming Mayor Pro Tem Tay Mayor for the next year. Shirley Feng, an Arcadia resident, appeared and congratulated all of the candidates; she commented on an article she read in Science Magazine, “Science of Fake News Addressing Fake News Requires Multi-Disciplinary Efforts”; and stated that the Serra Madre Tattler and NextDoor put out misleading information; she asked the City Council, for future elections, that the City hold public debate platforms so candidates can express their political beliefs in public, and feels that this would avoid confusion; she stated that she is very proud to use her cell phone for her notes, and feels that this helps keep the environment clean. Vivian Huang, an Arcadia resident, appeared and stated that everyone is glad the election is over, and feels that this is just the beginning of a movement; she stated that the community is already feeling united; she indicated that it is okay to disagree, but it is not okay to start name calling or shaming someone for their race or culture, because it will affect future elections; and she urged the City Council to put an end to this and make a change for the good of the community. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). In response, to Mayor Amundson’s inquiry regarding the second count of election ballots, Chief Deputy City Clerk-Elections Official Lisa Mussenden responded that the second count and manual tallying of valid election ballots will be processed on April 20, at 9:30 a.m. in the Council Conference Room, and is open to the public. City Clerk Glasco announced the free Mulch Give Away on April 21, at the Arcadia Public Library. Council Member Chandler stated that the Waste Management Household Paint program is an outstanding program and encouraged residents to use it; he described some items that are considered recyclables, and those that China will not accept; he thanked all the comments from the public, and stated that he is also glad the election is over. Council Member Beck responded to comments made by Edmund Lui; he stated that he sent out 8 mailers which were all clean and positive; he stated that he also wants harmony on the City Council, and commented on the negative campaigning; he spoke about comments made by Mayor Pro Tem Tay in mailers that were sent out, and feels that a Mayor should not be sending out negative mailers; he stated that Mayor Pro Tem Tay accepted money from a developer and 4 04-17-2018 felt he could have returned it; he stated that past City Council candidates donated their remaining campaign money to non-profit organizations; he stated that he wants to work together and get along, and feels that everyone has a good working relationship, but does not know what to do about the negative comments and negative campaigning; he feels that negative campaigning contributes to dividing the City instead of bringing it together; he stated that elections should have an honest exchange of ideas and opinions, so that people can just vote for whoever they feel has the same vision; he stated that negative campaigning happens in other cities, but should not be happening in Arcadia. Mayor Pro Tem Tay responded to comments made by Council Member Beck regarding the campaign pieces he mailed out; he stated that the information regarding crime statistics came from the Police Chief that City Manager Lazzaretto shared in his weekly report; he stated that in this election, he supported Bob Harbicht and Roger Chandler, who are not Chinese, and doesn’t understand why people think he is dividing the City; he stated that most Chinese do not vote so he worked with individuals to get them to vote; he stated that he works 24/7 to communicate with the Asian community to keep them updated; he stated that four years ago he provided stamps to make voting easier, but was criticized, and now the City pays for return postage; he indicated that he treats everyone in Arcadia equally; he responded to comments made by Linda Consalvi regarding development in Arcadia; he stated that if anyone feels he made negative comments, that he would like to see proof; he stated that now the election is over he feels we need to set the example for the next generation; and stated that he looks forward to working together the next four years. Council Member Verlato thanked Waste Management for the surprise birthday cake when she attended the community tour event; she stated that she attended the Chamber Mixer at Mt. Lowe’s and encouraged businesses to get involved in the Chamber; she stated the Parks and Recreation Commission recently met and discussed the item that is on the Consent Calendar regarding movie night; she announced on May 5, the Recreation and Community Services Department will be having their annual bike ride, and after the bike ride, the Fire Department will be having their annual pancake breakfast and encouraged everyone to participate. City Manager Lazzaretto further announced that the Gilb Museum of Arcadia Heritage will also be having an event later that morning. Council Member Verlato also stated that the Youth Advisory Council had their last meeting last week; she stated that she also attended the Mayor’s Breakfast on April 13, and indicated that the three leaders in the community were recognized; she stated that on April 14, she participated in the Arcadia W omen’s Club fashion show fundraiser; she announced April 29 is the Arcadia Historical Society Annual Meeting, and encouraged everyone to get involved; she also stated that she is relieved the election is over, and congratulated Council Members Beck and Chandler, and thanked Mr. Harbicht, Ms. Platt, and Ms. Wu for participating in the election process, and their contributions to the community; she stated that the election process is important, people got engaged in the process and participated and, even though there was negativity in the election, there was some silver linings; and reminded everyone that today is tax filing deadline. Mayor Amundson thanked everyone for coming out to the Mayor’s Breakfast on April 13, and also thanked City staff for all they did to make it a great event , he felt that everyone seemed to be enjoying themselves; he announced a community open house regarding the streets, sidewalk and pedestrian upgrades around the Gold Line Station on April 19; he stated that last week he attended the National Merit Scholarship program where scholarships were given out to the top 5 04-17-2018 1%, and Arcadia had 20 students; he stated that on April 13 attended Judy Chu’s Annual Congressional Women of the Year event, and congratulated her; on April 13, he attended a Legislative meeting at Pasadena City College where Anthony Portantino spoke about the challenges they have this year of the budget surplus; he indicated that before we can unite the community, we must unite the City Council and asked for City Council support to have a team building session, the City Council unanimously concurred. He spoke about Arcadia’s higher standards, and shared his disappointments to see the things that have creeped into Arcadia’s political process, and hopes we can get back to that Arcadia higher standard where we do what is right, and run clean campaigns; he announced that he and Council Member Beck participated in the Santa Anita 5K Derby, and thanked Santa Anita Park for their support; he announced the Patriotic Festival on July 1, and encouraged everyone to attend; he stated that last week he attended the Library Open House Resource Center; he stated that the first Thursday of each month is always the Community Connection at the Chamber of Commerce, and stated that on May 3, at the Embassy Suites, Police Chief Guthrie will be speaking on “Helping Businesses Deal with the Issues of Homelessness”; he announced the coyote tip of the day, and encouraged the public to be proactive in dealing with the coyote threat in the community; he also stated that he attended the Waste Management community tour which he indicated was very educational; and announced the birth of his first grandchild. 1. CONSENT CALENDAR a. Resolution No. 7212 adopting a list of projects for Fiscal Year 2018-19 funded by SB 1: The Road Repair and Accountability Act of 2017. Recommended Action: Adopt b. Donation of $8,000 from the Arcadia Police Foundation for the Arcadia Police Department’s Police Service Dog (K-9) Program. Recommended Action: Accept c. Professional Services Agreement with Weck Laboratories, Inc. for Laboratory Testing Services of City Water Samples in an amount not to exceed $45,497. Recommended Action: Approve d. Agreement for the Purchase and Sale of Certain Real Property and for Restrictive Covenants with SAICP, LLC, for the sale of real property located at 100 West Huntington Drive. Recommended Action: Approve Council Member Verlato requested Consent Calendar items 1.b and 1.d be pulled for separate discussion. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Tay, and carried on roll call vote to approve Consent Calendar Items 1.a., and 1.c. AYES: Chandler, Tay, Beck, Verlato, and Amundson NOES: None ABSENT: None In response to questions raised by Council Member Verlato regarding Consent Calendar item 1.b, City Manager Lazzaretto explained the purpose and funding of the Police Foundation, and 6 04-17-2018 explained that the City provides all costs associated with the officer and use of the K9 by the officer. In response to questions raised by Council Member Verlato regarding Consent Calendar item 1.d, City Attorney Deitsch explained the enforcement and remedies process if the artwork is removed, or if the property is not used the way it is intended to be used. In response to a question raised by Council Member Beck, City Attorney Deitsch confirmed that the land use control runs with the property in perpetuity relating to the public art. It was moved by Council Member Chandler, seconded by Council Member Verlato, and carried on roll call vote to approve Consent Calendar Items 1.b and 1.d. AYES: Chandler, Verlato, Beck, Tay, and Amundson NOES: None ABSENT: None 2. CITY MANAGER a. Supplemental Budget Appropriation in the Amount of $11,000 from the General Fund Reserve for Movies in the Park Program. Recommended Action: Approve Recreation Supervisor Candice Cheung presented the staff report. It was moved by Council Member Chandler, seconded by Council Member Beck, and carried on roll call vote to approve a Supplemental Budget Appropriation in the amount of $11,000 from the General Fund for the 2018 Movies in the Park Program. AYES: Chandler, Beck, Verlato, Tay, and Amundson NOES: None ABSENT: None ADJOURNMENT The City Council meeting adjourned at 8:47 p.m. to Tuesday, May 1, 2018, 6:00 p.m. in the Council Conference Room. 1 04-24-2018 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, APRIL 24, 2018 CALL TO ORDER – Mayor Amundson called the special meeting to order at 7:04 p.m. INVOCATION – First Reader, Kristin Bennett, First Church of Christ, Scientist PLEDGE OF ALLEGIANCE - Gene Glasco, City Clerk ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Chandler, Verlato, Tay, and Amundson ABSENT: Beck It was moved by Council Member Chandler, seconded by Mayor Amundson to excuse Council Member Beck from this portion of the meeting. Pursuant to Government Code Section 54953(b), Council Member Beck will be attending the City Council Special Meeting via teleconferencing from Sun City, South Africa, the Palace Hotel, Room 543, at 4:00 a.m. (South Africa Time). SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that Council Member Beck will be participating in this Special Meeting from Sun City, South Africa after the Remarks by Outgoing Mayor portion of the agenda, and suggested the Mayor take a short recess at that time in order to get Council Member Beck on the telephone for the record. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND W AIVE THE READING IN FULL It was moved 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. There being no objection, the motion was considered approved. 1. CONSENT CALENDAR a. Regular Meeting Minutes of March 6, 2018, March 20, 2018, and April 3, 2018. Recommended Action: Approve b. Resolution No. 7215 reciting the fact of the All Mail Ballot General Municipal Election held in District 2 and District 5 in said City on Tuesday, April 10, 2018, declaring the results and such other matters as provided by law. Recommended Action: Adopt It was moved by Mayor Pro Tem Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 1.a. and 1.b. 2 04-24-2018 AYES: Tay, Chandler, Verlato, and Amundson NOES: None ABSENT: Beck PRESENTATIONS TO OUTGOING MAYOR AMUNDSON Presentation by Mayor Pro Tem Sho Tay on behalf of United States Senator Kamala Harris Presentation by Elizabeth Andalon on behalf of Congresswoman Judy Chu Presentation by Mayor Pro Tem Sho Tay on behalf of Senator Dr. Ed Hernandez Presentation by Mayor Pro Tem Sho Tay on behalf of the Arcadia Unified School District Presentation by Sue Cook and Karen Mac Nair on behalf of the Arcadia Chamber of Commerce Presentation by Aaron Rose on behalf of the Arcadia Chinese Association Presentation by Donna Choi on behalf of the Downtown Arcadia Improvement Association Presentation by Margaret Garemore and Andrew Cooper on behalf of Arcadia Association of Realtors Presentation by Mayor Pro Tem Sho Tay on behalf of City of Monrovia Presentation by Mayor Pro Tem Sho Tay on behalf of City of San Gabriel Presentation by Mayor Pro Tem Sho Tay on behalf of the City of Arcadia REMARKS BY OUTGOING MAYOR AMUNDSON Outgoing remarks were made by Mayor Peter Amundson. At 7:38 p.m. the City Council recessed in order to contact Council Member Beck on the telephone who will be participating in this portion of the meeting from Sun City, South Africa. The meeting reconvened at 7:46 City Attorney Deitsch announced that Council Member Beck will be participating by telephone in this portion of the meeting from Sun City, South Africa, and according to the Brown Act, Council Member Beck confirmed that a copy of the April 24, Special Meeting agenda was posted outside his hotel door, and that his room is accessible to the public. City Attorney Deitsch further announced that the teleconferencing requirements of the Brown Act have been complied with, and Council Member Beck may participate in this meeting. PUBLIC COMMENTS Mayor Amundson announced that no more cards will be allowed once the public comment period begins, and stated that due to the number of speaker cards, there will be a 2 minute time limit per person. 3 04-24-2018 Grace Kwok, an Arcadia resident, appeared and spoke about the negative campaigning in this election regarding racism; and urged Mayor Amundson to show respect to the Chinese- American community and stand against racism, and vote Sho Tay for Mayor. Judy (no last name given), an Arcadia resident, appeared and read a prepared statement addressed to Mayor Amundson, on behalf of an Arcadia resident (no name given), regarding his responsibility as Mayor, and the selection of Mayor Pro Tem Tay as Mayor. Jolly Wu, an Arcadia resident, appeared and thanked Mr. Amundson for his year as Mayor; she provided statistics in the election regarding Chinese-Americans that voted; she indicated that each City Council Member is a reputable person and they should be able to choose our Mayor, and that residents should not give them pressure; she stated that the decision should be based on the person’s morality, ethics, and capability to lead this City to a new and united City. Former Mayor Gail Marshall appeared and congratulated Mayor Amundson on the birth of his first grandchild, and thanked him for his year of service as Mayor; she stated that she appreciates his effort to try and unite the City, but unfortunately Mr. Tay and Mr. Chandler have divided this City; she stated that she believes there has been fraudulent voting in this election and feels that Council Member Chandler stole the election from Joyce Platt; she challenged Council Member Verlato, Council Member Beck, and Mayor Amundson to look into the fraudulent voting that is mentioned in the Sierra Madre Tattler; and asked the City Council if they would vote for an immoral person to run the City. Arthur Fry, an Arcadia resident, appeared and thanked Mayor Amundson for his year of service as Mayor, and the notebook he handed out at the Mayor’s breakfast; he stated that Arcadia has a Class I Fire Department, and one of the best Police Departments in the whole valley; he thanked the Police Chief for keeping Arcadia safe; and stated that we have a Vice Mayor that is ready to step in as Mayor, and feels that it is the right thing to do. Charles Greene, an Arcadia resident, appeared and stated that he feels the recent election has badly blemished the City’s image, and would like the City Council to restore the integrity and civility, and friendly welcoming image of Arcadia when electing the next Mayor; he stated that Mayor Pro Tem Tay and Council Member Chandler have divided the City; that it is time to make Arcadia great again and elect a Mayor who will represent all Arcadians fairly, with integrity, civility and upstanding character. John McMahon, an Arcadia resident, appeared and indicated that he is very upset by all the negativity, and upset that it has gotten into the choosing of our next Mayor; he stated that the article in the Arcadia Weekly is full of innuendo and accusation, but no substance; and cited the acknowledgement of an allegation made against Sho Tay in the Arcadia Weekly; he stated that Mayor Pro Tem Tay makes himself accessible to the public; and encouraged the City Council to ignore the negativity and follow the precedence of Mayor. Lindy (no last name given), an Arcadia resident, appeared and stated that she supports Mayor Pro Tem Tay and provided the reasons why he is the best candidate for Mayor; she stated that Arcadia is divided now and with his cultural background, he will bring back Arcadia as one and do good things; and on behalf of her and her family, they support Mr. Tay as Mayor. 4 04-24-2018 Sean Lee, an Arcadia resident, appeared and indicated that he is a resident District 5; he stated that he is here to support Mayor Pro Tem Sho Tay as Mayor; he stated that Mr. Tay’s track record shows that he consistently serves the City tirelessly with passion and integrity and would like to see him voted in as Mayor to lead us to a One Arcadia. Sidney Chan, an Arcadia resident, appeared and stated that he is here to support the City, and wants to see harmony in Arcadia; and supports Sho Tay for Mayor. Nelson Ge, an Arcadia resident, appeared and indicated that he has done some demographic statistics from this past election, and in the 2014 election regarding Asian votes cast; he stated that Asians are participating and are here at this meeting to support Mr. Tay as Mayor; he hopes the City Council makes the right decision based on what is best for Arcadia. Susan Guo, an Arcadia resident, indicated that all citizens look forward to getting back to normal order; and seeing the only Asian representative, Sho Tay, become Mayor; she stated they are tired of seeing endless newspaper articles published by Arcadia Weekly attacking Mayor Pro Tem Sho Tay based on pure speculation and wrongful accusations, which she indicated is really humiliating and offensive, not only to Mr. Tay, but the whole Asian community; she stated that Mrs. Marshall just now spread another rumor based on no facts against Mayor Pro Tem Tay and Council Member Chandler; and congratulated Mayor Amundson on his service as Mayor, and passing the torch to Mayor Pro Tem Tay as Mayor. Kin Hui, an Arcadia resident, appeared and spoke about Arcadia’s success as a City; he spoke about participation of the Chinese Americans who came here and found the American dream for their parents and children; and stated that not choosing Mayor Pro Tem Tay as the next Mayor would be shameful. Eric Rosa, an Arcadia resident, appeared and spoke about the contentious election for two council seats; he stated that the election campaign was marked by a great lack of civility, fair play, and honesty; he stated that the City was not able to come up with a public forum; he stated that Arcadia is a well-run City, a wonderful place to live, excellent schools, safe City, high quality staff and high quality Council Members; and stated that he feels it is time for the City to come together and elect Mayor Pro Tem Tay for Mayor. Tommy Thai, an Arcadia resident, appeared and congratulated Mr. Beck and Mr. Chandler for getting re-elected; he spoke about many negative comments in the current election, and feels it needs to stop; and urged Mayor Amundson to vote for Sho Tay as Mayor and asked that he do the right thing. Marci Schultz, an Arcadia resident, appeared and asked the City Council to carefully consider their vote for Mayor; she stated that Mayor Pro Tem Tay is currently under investigation by two agencies (1) for campaign contributions, and (2) for Brown Act violations; she indicated that he has divided the City and brought shame to Arcadia and should not be rewarded by electing him Mayor. Caroline Blake, an Arcadia resident, appeared and urged the City Council to restore ethics and order to the Chambers; she stated that the democratic process cannot function or grow without a Mayor who respects ethics; she stated that he is under investigation by the FPPC, and she is not in favor of the normal Mayor rotation. 5 04-24-2018 Roy McMeen, an Arcadia resident, appeared and stated that it is absolutely shameless about what was said about a couple of candidates in the last election; he stated that the next Mayor should be fully aware of the ramifications of Robert’s Rule of Order; he stated that we cannot identify how many people in the room are actually residents of Arcadia, and urg ed the City Council to consider that when making their decision for Mayor. Joyce Platt, an Arcadia resident, appeared and shared qualifications and characteristics of a Mayor; she stated that a Mayor should consistently act with integrity, high values, be an independent thinker, speak positively about the City and staff, and reflect the opinions of others and their right to express their opinions, a person who is truthful and does not spread false information or use scare tactics to further their agenda, can clearly articulate their position on issues facing the City, who unites rather than divides our community, and stated that it is clear Sho Tay does not exhibit these characteristics; she shared some examples, as a Candidate in District 5, regarding mailers sent out by Mayor Pro Tem Tay attacking candidates by name, which contained falsehoods about votes and positions and sought to divide community. Edie Nelson, an Arcadia resident, appeared and spoke about accusations on both sides; she stated that where there is smoke there is fire, and asked the City Council if they want to be a negative City and be embarrassed by their leaders. Andrew Lin, an Arcadia resident, appeared and urged the City Council to work together, and shared that he is glad the election is over; and supports Mayor Pro Tem Sho Tay as Mayor. Carol Smith, an Arcadia resident, appeared and expressed her opinion regarding dirty politics in Arcadia; she noted that last year the City Council did not follow Mayor protocol selection, and wanted to know why they cannot do the same this time; she commented on lies, intimidation, possible voter fraud, Brown Act violations, and questionable accusations; and recommended the City Council take a look at what “American” means to them before they take a vote. Janet Chan, an Arcadia resident, appeared and spoke about differences and opinions that bring people together to discuss the issues and work together to create harmony; she stated that for many years there was never enough involvement in the Asian community, and many people have witnessed this; she feels it is time for the Asian to community step up and perform their civic duty; she stated that it is because of Mayor Pro Tem Tay that more and more people in the Asian community are starting to know what is going on in Arcadia; she stated that she supports Mayor Pro Tem Tay as Mayor because he will encourage more and more Asians to voice their opinions and take part in City events and politics. David Liu, an Arcadia resident, appeared and indicated to Mayor Amundson that they exchanged words on Facebook, and provided the City Council copies of these comments; he urged Mayor Amundson to make the right decision, and indicated that the community is divided and that Mayor Pro Tem Tay will bring the community together as one. Debbie Priester, an Arcadia resident, appeared and indicated that she is extremely upset with the voting in this last election; she stated that there are about 40 suspected voters that are fraudulent where adult children live somewhere else and they are voting in Arcadia’s election; she stated that she has already provided proof of deeds to the City, and asked City Manager Lazzaretto to take care of this issue immediately; she provided the qualifications for Mayor, and explained that she is not in favor of Sho Tay being named Mayor and provided her reasons. 6 04-24-2018 Lauralynn Rogers, an Arcadia resident, appeared and indicated that she is concerned about the ethical complaints regarding Sho Tay’s behavior in the recent election; and stated that the City should have a strong ethical leader and recommended April Verlato for Mayor. Brett Mitulski, an Arcadia resident, appeared and asked the City Council to consider April Verlato for Mayor; he shared his reasons why Sho Tay should not be Mayor, and shared his reasons why April Verlato should be considered as Mayor. Stella Gu, an Arcadia resident, appeared and provided statistics on the votes cast by Asians, and indicated that the Asians are the majority voters in this election; she stated that Sho Tay from her observation is an honorable and honest guy; she stated that he has listened to their concerns and answers their questions; she indicated that she supports Sho Tay for Mayor because he will get a chance to better serve the needs of the Asian community to become more vocal. YongPing Zhang, an Arcadia resident, appeared and indicated that he hopes the City Council can get past all the negative campaigning and agree to disagree; he stated he hopes the City Council votes for Mr. Tay as Mayor; he stated that Mr. Tay personally goes out in the community and listens to their concerns; he urged the City Council to vote for Mr. Tay as Mayor and leave past feelings aside, and work together to make Arcadia great again. Shirley Feng, an Arcadia resident, appeared and indicated that at the last City Council meeting she was happy to hear the City Council express their willingness to unite Arcadia; and cited President Washington’s farewell address speech of 1796. Edmund Liu, an Arcadia resident, appeared and responded to comments made by public speakers that Mayor Pro Tem Tay is under investigation by the FPPC; and read a statement by the FPPC regarding the investigation. Lillian Cheng, an Arcadia resident, appeared and indicated that she supports Mayor Pro Tem Tay for Mayor. Tina Wu, an Arcadia resident, appeared and indicated that Council Member Verlato needs to wait her turn to be Mayor; she reminded the City Council that there is no cutting in line, no inside trading, and no conflict of interest; she stated that Sho Tay is a long-time volunteer in the community, and asked that the City Council be fair and impartial in nominating Mayor Pro Tem Tay as Mayor. 2. ADMINISTRATION OF THE OATH OF OFFICE TO NEWLY ELECTED MEMBERS OF THE CITY COUNCIL City Clerk Glasco administered the Oath of Office to newly elected Members of the City Council Tom Beck, Roger Chandler, and Sho Tay. Mayor Amundson stated that he received an email from Mayor Pro Tem Tay demanding the City Attorney investigate the allegations of voter fraud; he commented on all the accusations and innuendos going on in the community about FPPC allegations, and asked if he can get two other votes to continue the selection of Mayor for 45 days (June 5) to allow enough time to investigate the allegations being made against Mayor Pro Tem Tay, so that the City Council can vote on facts rather than innuendos, and he also proposed a team building session with the City Council within the next 45 days. 7 04-24-2018 Mayor Pro Tem Tay commented on his request for the City Attorney to investigate the voter fraud issue with the District Attorney office. Council Member Verlato and Mayor Amundson concurred. In response to Council Member Beck’s question, Mayor Amundson confirmed that he will continue to serve as Mayor for the next 45 days. Council Member Chandler indicated that this is highly irregular and it is easy to make a complaint to the FPPC; he stated that the selection of Mayor must move forward, and the accusations are contrived; and if an appointment of Mayor is made and that individual was found guilty of a serious charge, they can voluntarily step down, and asked Mayor Amundson to call for the election of Mayor. Council Member Beck stated that Sho Tay has already admitted that he was guilty; he stated that someone cannot raise money for their own campaign and spend it on mailers to help other candidates, and in the meeting Sho Tay said he raised money for his own campaign and spent it on mailers to help Chandler and Harbicht, which is a violation of the law. Mayor Pro Tem Tay asked the City Attorney Deitsch if it was legal for a candidate to raise money and spend it on another candidate’s behalf. City Attorney Deitsch responded that he could not provide an answer on that question tonight. Mayor Pro Tem Tay indicated that in his communication with the FPPC, he was told that it is okay to raise money for your own campaign and spend it on another candidate’s behalf; he also stated that he worked with an election consultant, Mike Lewis, who also said it was legal. Mayor Amundson asked for a second to his earlier motion. Council Member Beck seconded the motion. On motion by Mayor Amundson, seconded by Council Member Beck, and carried on roll call vote to continue the selection of Mayor for 45 days (i.e. June 5). AYES: Beck, and Amundson NOES: Chandler, Tay, Verlato The nomination for Mayor was called by Mayor Amundson. 3. CITY COUNCIL REORGANIZATION a. The City Clerk calls for the election of Mayor Council Member Chandler nominated Mayor Pro Tem Tay for Mayor. Council Member Beck nominated Council Member Verlato for Mayor. Noting no other nominations, City Council Members cast their votes for the following: 8 04-24-2018 For Mayor Pro Tem Tay for Mayor: AYES: Chandler, and Tay NOES: Beck, Verlato, and Amundson For Council Member Verlato for Mayor: AYES: Beck, and Verlato NOES: Chandler, Tay, and Amundson City Attorney Deitsch announced that according to the City Charter, there must be three affirmative votes to select a Mayor; if the City Council could not entertain any other nominations tonight to achieve that result or if there was not a motion to reconsider tonight, the current Mayor would continue as Mayor until such time a third vote is obtained for any Council Member to become Mayor. Mayor Pro Tem Tay called to reconsider his vote to continue the selection of Mayor for a 45 day cooling off period. Mayor Amundson seconded the motion. A motion was made by Mayor Pro Tem Tay, seconded by Mayor Amundson, and carried on roll call vote to reconsider the previous motion made by Mayor Amundson to continue the selection of Mayor for a period of 45 days. AYES: Beck, Tay, and Amundson NOES: Chandler, and Verlato A motion was made by Mayor Amundson, seconded by Mayor Pro Tem Tay, and carried on roll call vote to have a 45 day cooling off period, to allow investigations to move forward, and to have a City Council team building session, and reconsider the selection of Mayor in 45 days (June 5); and that the current City Council organization remain in effect. AYES: Amundson, Tay, Beck, Chandler, and Verlato NOES: None For clarification, City Manager Lazzaretto indicated that Mayor Pro Tem Tay’s request for the City Attorney to investigate the voter fraud issue with the District Attorney office is not on the agenda and will need to be brought back to the next regular City Council meeting as an agenda item. The City Council concurred. CITY COUNCIL COMMENTS Council Member Beck stated that there are a lot of emotions on both sides of the issue and was hoping the City Council could get it resolved; he indicated that he read all the emails that were sent in, but felt that most of the emails showed that people did not really know what was going on with the City Council; he stated that the Sierra Madre Tattler and the Arcadia Weekly have First Amendment rights and the City has nothing to do with either; he stated that he ran a clean election, and so did Joyce Platt and Jolly Wu; he stated his criticism of Sho Tay regarding the mailers and cannot reward Sho Tay for that misconduct by voting for him for Mayor because he embarrassed Arcadia, the Police Department, and the City Council; he shared his concerns regarding the one FPPC allegation of raising money for your own campaign and spending it to help other candidates and that he does not want the L.A. Times and Pasadena Star News 9 04-24-2018 having an article that reads something about Arcadia Mayor found guilty of campaign violat ions which would be an embarrassment to Sho and the City, and based on that ongoing investigation and the dirty mailers that Sho sent he does not feel it is time for Sho Tay to be Mayor. Council Member Chandler stated that the “Monopoly” mailer sent out about him is great; that his wife framed it for him, and would like to say to whoever put it together, “Good job.” Council Member Verlato stated that this process has been very exhausting; she thanked everyone for coming out tonight no matter what side they are on; she feels that this is what makes America great, and what makes our local City be a better City and more responsive to its residents; she stated that we will move forward and take a look at each step we take, and ask ourselves how this step is helping to unite Arcadia. Mayor Pro Tem Tay noted comments made by former Mayor Gail Marshall and all the rumors of him making a video teaching Arcadia residents how to vote, and feels that this is a very serious allegation; he explained that this is why he requested the District Attorney to look into this; he noted comments made by Joyce Platt that indicated he was walking the beat for the candidates, and noted that it was not him; he stated that regarding the FPPC investigation, Mike Lewis, who Mayor Amundson knows, indicated that it was legal for him to send mailers supporting other candidates from his own campaign money; he confirmed that he mailed mailers when asked by Council Member Beck; he stated that because he WeChat’s information regarding issues in Arcadia, he is being accused of violating the Brown Act, which he indicated is not a violation; he stated that there is no reason to attack each other; he stated that as Council Members, they are setting the example for the community, and wants everyone to work together. City Clerk Glasco announced a carnival at Highlands Elementary School on April 27, and invited everyone to attend. Mayor Amundson announced that the City is accepting Board and Commission application, and encouraged residents to get involved. ADJOURNMENT The Special City Council meeting adjourned at 9:35 p.m. to the regular City Council meeting on Tuesday, May 1, 2018, 6:00 p.m., in the Council Conference Room.