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HomeMy WebLinkAboutItem 11a - Regular Meeting Minutes of May 1, 2018 1 05-01-2018 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, MAY 1, 2018 CALL TO ORDER – Mayor Amundson called the meeting to order at 6:05 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Chandler, Verlato, Tay, and Amundson ABSENT: Beck It was moved by Mayor Pro Tem Amundson and seconded by Council Member Chandler to excuse Council Member Beck from this meeting. PUBLIC COMMENTS The following individuals were present and provided comments regarding the Arcadia Transit Service Policy and Procedures Manual and Arcadia Transit Planning. Rona Poli Robert Gorski Gail Marshall Jolly Wu STUDY SESSION a. Report, discussion, and direction concerning Arcadia Transit Service Policy and Procedures Manual and Arcadia Transit Planning. Assistant City Manager/Development Services Director Kruckeberg provided the report; and Transportation Services Officer Linda Hui was present and addressed questions raised by the City Council and members of the public. A motion was made by Council Member Chandler, seconded by Council Member Verlato to receive and file the Arcadia Transit Service Policy and Procedures Manual and Arcadia Transit Planning, and to continue a study for the use of a subsidy for Uber and Lyft trips for seniors and disabled persons. Mayor Amundson announced that at the conclusion of the regular City Council meeting, the City Council will recess to a Closed Session. The Study Session recessed at 7:00 p.m. 2 05-01-2018 REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Amundson called the regular meeting to order at 7:05 p.m. INVOCATION – Mayor Peter Amundson PLEDGE OF ALLEGIANCE – Eagle Scout Matthew Lu, Boy Scout Troop 126 ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Chandler, Verlato, Tay, and Amundson ABSENT: Beck It was moved by Council Member Chandler and seconded by Mayor Pro Tem Tay to excuse Council Member Beck from this meeting. REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Deitsch announced that, prior to the regular meeting, the City Council met in a Study Session to hear a report from staff, and to discuss and provide direction regarding the Arcadia Transit Service Policy and Procedures Manual and Arcadia Transit Planning; and further announced that on motion by Council Member Chandler, seconded by Council Member Verlato, the City Council unanimously (4-0; with Council Member Beck having an excused absence) voted to receive and file the Arcadia Transit Service Policy and Procedures Manual and Arcadia Transit Planning, and to continue a study for the use of a subsidy for Uber and Lyft trips for seniors and disabled persons. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated the City Council previously received 5 emails, relating to City Manager Item 2.a (allegations of potential voter fraud), which urge the City Council to move forward and do everything possible to investigate any potential allegations of voter fraud. 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. PRESENTATIONS a. Pasadena Humane Society presentation of adoptable dog. b. Presentation of Mayor's Certificate of Recognition to Eagle Scout Matthew Lu for his Eagle project, planting a garden at the Arcadia Public Library. PUBLIC COMMENTS Mayor Amundson announced a 3 minute time limit for each speaker. 3 05-01-2018 John McMahon, an Arcadia resident, appeared and stated that he was disappointed that the selection of Mayor was delayed 45 days; he stated he feels that the issue may heat up the situation rather than the intended cooling off period; he spoke about comments made by the other campaign committees, and asked if anyone was investigating where their donations came from, or are they just investigating Sho Tay; he commented about the Brown Act allegations against Sho Tay; and hopes that moving forward the entire City Council will make decisions based on facts. Billie Tone, representing the Friends of the Arcadia Museum, appeared and announced a history symposium at the Museum on Saturday, May 5, 10:00 a.m. to 12:00 p.m. on the Rossfield Arcadia World War I Balloon School 100 years, and stated that it is the 100th anniversary of World War I, the war to end all wars, and invited everyone to attend. Lee Marshall, an Arcadia resident, appeared and stated that he recently posted a comment on the Save the Highlands Facebook page, which was reposted on the Voice of Arcadia website, and was classified as a racist comment; he apologized to anyone who felt insulted by his comment, which he indicated was not his intention; he stated that he will improve and promote respectful communications among all the residents of Arcadia in all his future communications to ensure a better exchange of ideas and opinions; he stated that this is too nice a City to be divided along racial lines and to be carrying on arguments and discussions by tweet and email; he thanked the Voice of Arcadia for immediately criticizing his comment and for giving him a chance to post a defense; he also thanked Council Member Verlato, who immediately reached out to him and helped him understand the upset that some residents were feeling as a result of his comment. Mayor Amundson thanked Mr. Marshall for his comments. Lindy Bell, an Arcadia resident, appeared and thanked Mr. Marshall for his apology; she asked why Council Member Beck continuously bashes the Arcadia Rights Protection Association when they are merely exercising their free speech Rights just like the Arcadia Weekly and the Sierra Madre Tattler; she stated that the Arcadia Rights Protection Association is a Political Action Committee and has nothing to do with Mayor Pro Tem Tay personally; she stated that many Chinese pointed out the racism and hatred in the articles and asked if it was the Council Members’ responsibility to read and stop unfriendly comments; she stated that Council Member Beck spent so much time talking about and denouncing campaign mailers, but spent no time denouncing comments in articles in the Arcadia Weekly and Sierra Madre Tattler, which really hurt their feelings; she stated that by him brushing it off, by saying they are just exercising their free speech Rights, shows that he tolerated and accepts hateful comments in the articles, and asked that it be addressed at the next City Council meeting; she stated that they expect a Council Member to stand behind them, protect them and give them One United Arcadia. Andrew Lin, an Arcadia resident, appeared and spoke about double standards and unfairness in this election; he indicated that at the last City Council meeting, Council Member Beck accused Mayor Pro Tem Tay of running a negative campaign, and guaranteed that he, 100% ran a clean campaign, and vouched that Joyce Platt and Jolly Wu also ran clean campaigns; he commented on some of the negative campaign mailers that went out against Council Member Chandler by the Committee to Oppose Chandler for Arcadia City Council; and asked not to use double standards and unfair accusations. 4 05-01-2018 Shirley Feng, an Arcadia resident, appeared and stated that public comment rules should be published regarding the right to address public bodies at open meeting, and cited open meeting guidelines, and the parliamentary process. Stella Gu, an Arcadia resident, appeared and asked that Council Member Verlato apologize to David Liu regarding comments made on Facebook; and she thanked Mr. Marshall for his apology and feels the City Council should apologize to the Asian community. 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 Chandler spoke about dissention in the community; he stated that it is not the City’s job to investigate voter fraud, and that complaints should be forwarded to the District Attorney’s office; and asked City Attorney Deitsch to provide contact information. City Manager Lazzaretto responded that contact information will be provided under that agenda item. Council Member Verlato thanked Mr. Marshall for his apology, and hopes that those who were so quick to accuse him of racism would try to get to know him; she indicated that Mr. Marshall is a very giving person, and that he volunteers at the Library teaching conversational English to new immigrants from China; she feels that we should all get to know each other, and our neighbors and focus on what we all have in common and try and bridge gaps between the different cultures and try to unite to be one community in Arcadia. Mayor Pro Tem Tay commented on the Brown Act as referenced by Mr. McMahon, and asked Mr. Deitsch to clarify what the Brown Act is because he was accused of violating it. In response to Mayor Pro Tem Tay’s request, City Attorney Deitsch explained the purpose and provisions of the Brown Act, including the definition of a closed session which allows the City Council to meet outside a public meeting and whatever is discussed in closed session remains confidential; he further explained that if any confidential information is later given to the public, then that would be a violation of the Brown Act and the District Attorney can take action against any offender who does that. He explained that the WeChat is not a legislative body, and does not constitute a violation of the Brown Act; he explained that if three or more Council Members were using WeChat to communicate among themselves outside an agendized open public meeting outside of the City Council, then that would be a violation of the Brown Act, but there is no violation to organize, oversee, or submit a comment to the WeChat. Mayor Pro Tem Tay commented on the voter fraud matter from the April 24 City Council meeting which will be discussed under City Manager item 2.a.; he spoke about a DHL Chinese telephone scam and warned residents to be careful; he stated that he appreciated Mr. Marshall coming to the meeting and apologizing; he also stated that he heard a rumor that there is a video out there where he is teaching non-citizens how to register to vote, and asked for anyone to provide proof if they want to accuse him of anything; he announced Thursday, May 3 is Coffee with A Cop at 5:00 p.m. at the corner of Second Avenue and Huntington Drive and invited everyone to attend; Saturday, May 5, is the Annual Fire Fighter Pancake Breakfast and invited all residents to attend, and wished all mothers a Happy Mother’s Day. 5 05-01-2018 City Clerk Glasco announced that lights are being installation around the Vietnam Veteran’s Memorial for a ceremony on May 26, and will have more details at the next City Council meeting. Mayor Amundson stated that at the last City Council meeting there was some mean spiritedness and mean comments made and stated that he said nothing, but he will say something in the future; he stated that on Thursday, May 3, the Chamber of Commerce Community Connection meeting will be at the Embassy Suites, and the guest speaker will be Police Chief Guthrie, who will speak on “Helping Businesses Deal with the Issues of Homelessness; he stated that he heard a rumor that on Saturday, May 5, is Fire Chief Lang’s birthday, so while at the Pancake breakfast tell him happy birthday, and tell all the Firefighters thank you for the job they do; he announced the weekly coyote tip - remove sources and access of water, which can be a magnet for coyotes; and announced that Arcadia High School Baseball is ranked No. 1. 1. CONSENT CALENDAR a. Resolution No. 7214 authorizing the City Manager to execute a Memorandum of Understanding with the Southern California Association of Governments, the Los Angeles County Metropolitan Transportation Authority, and the Los Angeles County Transit Operators. Recommended Action: Adopt b. Reject all bids received for the Rehabilitation of Zone 3 Pressure Reducing Station Project and direct staff to re-bid the project. Recommended Action: Approve c. Accept all work performed by Vincor Construction, Inc. for the Arcadia Par 3 Facility Improvements Project as complete. Recommended Action: Approve d. Amendment to the Professional Services Agreement with Scientia Consulting Group, Inc. to increase the weekly contracted hours of the information technology manager. Recommended Action: Approve e. Amendment to the Professional Services Agreement with Unified Nutrimeals to provide the Senior Meals Program for Fiscal Year 2018-19 in an amount not to exceed $86,100. Recommended Action: Approve f. Amendment to the Professional Services Agreement with Southland Sports Officials to provide officials for the youth and adult basketball leagues for Fiscal Year 2018-19 in an amount not to exceed $41,000. Recommended Action: Approve g. Amendment to the Professional Services Agreement with Arcadia Unified School District to provide Transportation Services for Fiscal Year 2018-19 in an amount not to exceed $43,400. Recommended Action: Approve 6 05-01-2018 h. Purchase Order with the Garland Company, Inc., for the purchase of Roofing Materials for the Fire Station 105 Roof Restoration Project in the amount of $74,488.88. Recommended Action: Approve i. Contract with the County of Los Angeles for Homeless Services Planning Grant and acceptance of $30,000 Grant. Recommended Action: Approve j. Language Access Services Policy. 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 1.a. through 1.j. AYES: Tay, Chandler, Verlato, and Amundson NOES: None ABSENT: Beck 2. CITY MANAGER a. Request for City Attorney to contact the Los Angeles County Registrar- Recorder/County Clerk (Voter Records Research and Integrity Section) and/or the District Attorney regarding an investigation into allegations of potential voter fraud. Recommended Action: Provide Direction City Manager Lazzaretto indicated that this item was brought forward by Mayor Pro Tem Tay, at the last City Council meeting, and turned the matter over to him to expand on his request. Mayor Pro Tem Tay explained the purpose of his request regarding allegations of potential voter fraud. City Manager Lazzaretto explained that the City takes allegations of voter fraud very seriously; and that it is the City’s responsibility to turn these matters over to the Los Angeles County Registrar Recorder office; he stated that staff has forwarded the information received at the last City Council meeting to the County for their review and possible investigation, and that staff has been in contact with them via email and telephone. City Attorney Deitsch explained that the City has no jurisdiction to investigate allegations of voter fraud; that it is the jurisdiction of the Los Angeles County Registrar Recorder Office/Voter Records Research and Integrity Section, and possibly the District Attorney office if complaints of voter fraud are founded; and explained the process of the Los Angeles County Registrar Recorder office and District Attorney office. City Manager Lazzaretto announced the address and telephone number to the Los Angeles County Registrar Recorder/County Clerk Voter Records Research and Integrity Section. Mayor Pro Tem Tay asked if the City can look into the allegations that he created a video showing a voter how to vote, and feels that some effort should be made to find out who created it. 7 05-01-2018 City Attorney Deitsch recommended that if anyone has reason to believe there is such a video, they should approach the District Attorney’s office to see if they would undertake an investigation. Mayor Amundson urged the community if there is a video out there or allegations of voter fraud to come forward so that it can be investigated. It was the consensus of the City Council to take no formal action and to allow staff and the City Attorney to continue working with the Los Angeles County Registrar-Recorder/County Clerk (Voter Records Research and Integrity Section) and/or the District Attorney regarding an investigation into allegations of potential voter fraud. 3. CITY ATTORNEY a. Second Amendment to City Manager Employment Agreement. Recommended Action: Approve City Attorney Deitsch presented the staff report. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Tay, and carried on roll call vote to approve a Second Amendment to City Manager Employment Agreement. AYES: Chandler, Tay, Verlato, and Amundson NOES: None ABSENT: Beck The City Council recessed at 8:24 p.m., to Closed Session to consider item (a) on the posted agenda under closed session. City Attorney Deitsch announced that there is no need to discuss item (b) even though it is listed on the posted agenda. At 8:30 p.m., the City Council returned to Closed Session to discuss item (a) on the posted agenda. Item (b) was not discussed even though it was listed on the posted agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of Tom Crosby, an individual; Ellen Fu Crosby, an individual v. City of Arcadia, a California municipality; Santa Anita Oaks Homeowners Association, Inc., a California non-profit corporation; and Vincent I. Vargas, an individual (Los Angeles Superior Court Case No. BS172105). b. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the matter of 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). No reportable action was taken on the Closed Session item (a). The Closed Session ended at 9:16 p.m. 8 05-01-2018 ADJOURNMENT The City Council meeting adjourned in memory of Arcadia resident and Senior Citizen’s Commissioner Glynna Harper at 9:16 p.m. to Tuesday, May 15, 2018, 4:00 p.m. in the Police Community Room.