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HomeMy WebLinkAbout06/18/2019 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JUNE 18, 2019 CALL TO ORDER— Mayor Verlato called the Closed Session to order at 6:01 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Beck, Chandler, Tay, and Verlato ABSENT: None PUBLIC COMMENTS Alexander Janvelian, Attorney for the Petitioners (Crosby's) in the Crosby v. City of Arcadia case, appeared and commented on a discrepancy in the staff report that indicates Judge Mary Strobel issued a decision that, in part, granted the Petitioners Writ, which he indicated was incorrect, that the decision was granted in full and not, in part, and that the conclusion section of the Court's decision does not make any indication whatsoever about a partial grant of the Petition, but that the petition was granted in full; he encouraged the City Council to reinstate the Planning Commission's approval of the circular driveway of August 22, 2017, and rescind the City Council's decision of October 17, 2017, to allow the circular driveway at1231 San Carlos Road. 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) No reportable action was taken on the Closed Session item. The Closed Session ended at 6:55 p.m. Regular Meeting City Council Chamber, 7:00 p.m. 1. CALL TO ORDER— Mayor Verlato called the regular meeting to order at 7:04 p.m. 2. INVOCATION — Reverend Julie Bryant, Church of the Transfiguration 3. PLEDGE OF ALLEGIANCE — Girl Scout Troop #5541 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Amundson, Beck, Chandler, Tay, and Verlato ABSENT: None 1 06-18-2019 5. 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 Closed Session to consider the one item listed on the posted agenda under Closed Session, and no reportable action was taken. 6. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated that there was no supplemental information. 7. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem Chandler and seconded by Council Member Amundson to read all ordinances and resolutions by title only and waive the reading in full. 8. PRESENTATIONS a. Proclamation to Denny's in honor of rebuilding its iconic windmill. b. Presentation of the Spring Home Awards by the Arcadia Beautiful Commission. c. Presentation of the Mayor's Certificate to Foothill Unity, Inc. in recognition of being named as California Non-Profit of the Year. 9. APPOINTMENTS a. Appointments to City Boards and Commissions. Recommended Action: Make Appointment City Manager Lazzaretto presented the staff report and conducted the nomination process. Arcadia Beautiful Commission (2 positions) Council Member Beck nominated Lee Shimmin for reappointment. Council Member Chandler concurred. Council Member Beck also nominated Gary Brewer for appointment. Council Member Chandler concurred. Noting no other nominations, it was moved by Council Member Beck, seconded by Mayor Pro Tern Chandler and carried on roll call vote that Lee Shimmin be reappointed to a second four year term ending June 30, 2023, and Gary Brewer be appointed to a four year term ending June 30, 2023, to the Arcadia Beautiful Commission. AYES: Beck, Chandler, Amundson, Tay and Verlato NOES: None ABSENT: None 2 06-18-2019 Human Resources Commission (1 position) Council Member Beck nominated Vesna Paulsen for appointment. Council Member Amundson nominated Kaitlyn Jeong for appointment. Mayor Verlato concurred. Mayor Pro Tern Chandler nominated Peter Chu for appointment. Council Member Tay concurred. The City Council cast their votes as follows: Council Member Beck— Kaitlyn Jeong Council Member Amundson — Kaitlyn Jeong Council Member Tay— Peter Chu Mayor Pro Tern Chandler— Peter Chu Mayor Verlato — Kaitlyn Jeong Noting no other nominations, it was moved by Council Member Beck, seconded by Council Member Amundson and carried on roll call vote that Kaitlyn Jeong be appointed to a four year term ending June 30, 2023, to the Human Resources Commission. AYES: Beck, Amundson, Chandler, Tay, and Verlato NOES: None ABSENT: None Library Board of Trustees (1 position) Council Member Beck nominated Alice Wang for reappointment. Council Member Chandler concurred. Noting no other nominations, it was moved by Council Member Beck, seconded by Mayor Pro Tem Chandler and carried on roll call vote that Alice Wang be reappointed to a second four year term ending June 30, 2023, to the Library Board of Trustees. AYES: Beck, Chandler, Amundson, Tay, and Verlato NOES: None ABSENT: None Planning Commission (1 position) Council Member Beck nominated Brad Thompson for reappointment. Council Member Chandler concurred. Noting no other nominations, it was moved by Council Member Beck, seconded by Mayor Pro Tem Chandler and carried on roll call vote that Brad Thompson be reappointed to a second four year term ending June 30, 2023, to the Planning Commission. AYES: Beck, Chandler, Amundson, Tay, and Verlato NOES: None ABSENT: None 3 06-18-2019 Recreation and Parks Commission (2 positions) Council Member Beck nominated Raymond Cheung for reappointment. Mayor Pro Tem Chandler nominated Peter Chu for appointment. Noting no other nominations, it was moved by Council Member Beck, seconded by Mayor Pro Tem Chandler and carried on roll call vote that Raymond Cheung be reappointed to a second four year term ending June 30, 2023, and Peter Chu be appointed to a four year term ending June 30, 2023, to the Recreation and Parks Commission. AYES: Beck, Chandler, Amundson, Tay, and Verlato NOES: None ABSENT: None Senior Citizens' Commission (1 At-Large positions and 3 Service Club Appointments) Senior Citizens' Commission —At Large Position (1 position) Mayor Pro Tem Chandler nominated Ralph C. Martinez for reappointment. Council Member Beck concurred. Traveler's Club Appointment Based on the Traveler's Club letter of recommendation, the City Council appointed Marilyn Mazone. Senior Men's Club Appointment Based on the Senior Men's Club letter of recommendation, the City Council reappointed William Gleason. Arcadia Senior Friendship Club Appointment Based on the Arcadia Senior Friendship Club letter of recommendation, the City Council appointed Dorothy Wadley. Mayor Verlato indicated that she will abstain from voting for Mr. Martinez because she represents him as a client. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Beck and carried on roll call vote that Ralph C. Martinez be reappointed to the Senior Citizen's At-Large position for a second term ending June 30, 2021; and that Marilyn Mazone be appointed to the Senior Citizens' Commission Traveler's Club appointment for a two year term ending June 30, 2021; that William Gleason be reappointed to the Senior Citizens' Commission Senior Men's Club appointment for a second two year term ending June 30, 2021; and that Dorothy Wadley be appointed to the Arcadia Senior Friendship Club appointment for a two year term ending June 30, 2021, to the Senior Citizens' Commission. I 4 06-18-2019 AYES: Chandler, Beck, Amundson, Tay and Verlato 111 NOES: None ABSENT: None ABSTAIN: Verlato (Ralph C. Martinez, Senior Citizens' At-Large position only) 10. PUBLIC HEARING a. Resolutions relating to the adoption of the Fiscal Year 2019-20 Operating Budget and the Fiscal Years 2019-20 through 2023-24 Capital Improvement and Equipment Plan. City Manager Lazzaretto presented the staff report. Mayor Verlato opened the public hearing. Fenglan Luu, a Temple City resident, appeared and noted that she is aware of the City's financial difficulties; she indicated that she knows many Arcadia residents that apply for permits to improve their properties and they have to keep returning to the City which she feels is a waste of City staff time, and hopes that City staff can improve their attitudes in serving residents. A motion to close the public hearing was made by Mayor Pro Tem Chandler, seconded by Council Member Amundson, and seeing no objection, Mayor Verlato declared the public hearing closed. Resolution No. 7263 adopting a Budget for Fiscal Year 2019-20 and appropriating the amounts specified therein as expenditures from the funds. Recommended Action: Adopt It was moved by Mayor Pro Tem Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7263 adopting a Budget for Fiscal Year 2019-20, and appropriating the amounts specified therein as expenditures from the funds. AYES: Chandler, Tay, Amundson, Beck, and Verlato NOES: None ABSENT: None Resolution No. 7264 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2019-20 through 2023-24. Recommended Action: Adopt It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to adopt Resolution No. 7264 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2019-20 through 2023-24. AYES: Chandler, Tay, Amundson, Beck, and Verlato NOES: None ABSENT: None b. Resolution No. 7261 confirming the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the Associated Assessment Diagram; and ordering the Levy and Collection of Assessments for Fiscal Year 2019-20. Recommended Action: Adopt 5 06-18-2019 Public Works Services Director Tait and Management Analyst Carmen Masud presented the staff report. Mayor Verlato opened the public hearing. No one appeared. A motion to close the public hearing was made by Mayor Pro Tern Chandler, seconded by Council Member Amundson, and seeing no objection, Mayor Verlato declared the public hearing closed. It was moved by Mayor Pro Tem Chandler, seconded by Council Member Amundson, and carried on roll call vote to adopt Resolution No. 7261 confirming the Engineer's Report for the levy and collection of the Arcadia Citywide Lighting District No. 1 and the Associated Assessment Diagram; and ordering the Levy and Collection of Assessments for Fiscal Year 2019-20, and exempt from CEQA. AYES: Chandler, Amundson, Beck, Tay, and Verlato NOES: None ABSENT: None 11. PUBLIC COMMENTS Susan Guo, an Arcadia resident, appeared and congratulated the City on the passage of Measure A, which she indicated will help secure the City's financial future and help retain all current City staff; she asked the City to wisely manage the City budget and not misuse funds on any lawsuits that could have been avoided, but were not, because the City is not afraid of lawsuits; she mentioned the Legal Affairs Sub-Committee that was formed by the City Council to monitor the City's legal expenses, and felt it was a brilliant idea; she provided her comments on the Crosby v. Arcadia matter regarding the circular driveway, and strongly urged the City Council to grant Mr. Crosby his circular driveway. Fenglan Lu, a Temple City resident, appeared and commented on illegal marijuana in Arcadia; she stated that many Arcadia residents who apply for permits or licenses to improve their properties are upset that they have to keep returning to the City many times before they get a permit; she stated that the City of El Monte is building so many marijuana facilities and creating many big problems and unsafe issues for the community; she spoke about the protests of the marijuana facilities in El Monte, and that she has seen the Temple City Mayor and City of Rosemead officials doing their job to protect their residents and community, but has not seen any Arcadia City Council Members or officials addressing the issue; she indicated that there is a lot of crime in Arcadia, and feels very nervous as a resident in a neighboring City, and hopes that the City Council and officials will stand up and protect their residents. Anny An, a Temple City resident, appeared and with the assistance of Susan Guo, who interpreted for her, commented on the circular driveway at 1231 San Carlos Road (Tom Crosby, et al. v. City of Arcadia, et al.), and encouraged the City Council to approve the circular driveway; and she indicated that she is aware of the City's financial difficulties, and hopes that the City wisely uses its money and does not spend it on lawsuit like this, that could have been avoided in the beginning. Michelle Wu, an Arcadia resident, appeared and asked how much money the City has spent on defending the Crosby circular driveway matter, how much more does the City plan on spending, and how much has it cost the taxpayers?; and noted the City's budget deficit and encouraged the City to wisely spend its money. 6 06-18-2019 Liangui Gu, an Arcadia resident, appeared and commented on Measure A and property taxes; she spoke about the Crosby circular driveway matter and indicated that homes under construction are able to retain the circular driveways, and feels the City abused its power in denying the Crosby request; she questioned whether the City is using its money wisely, and asked who the lawyer is, and how much money has been spent, and has the City considered citizen property rights. 12. 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 Tay had nothing to report. Mayor Pro Tern Chandler thanked those who voted in favor of Measure A; he commented on how decisions made at the State level affect local cities; and commented on marijuana issues and homelessness. Council Member Amundson commented on how important public safety is and that with the passage of Measure A, the City will not lose any police officers; he indicated that in response to comments made about the building division staff, he stated that every week someone is coming up to him and complimenting the service they receive from the staff; he announced that he attended the Los Angeles County League of Cities Conference, and he thanked Senator Portantino for pulling SB 50; he provided gun violence statistics; he hoped everyone had a great Father's Day, and he provided some statistics on the impacts to society of fatherless homes; he announced the Patriotic Festival on June 29, and thanked the Arcadia Unified School District for the use of First Avenue School to shoot off the fireworks, and he also thanked those who donated 111 to the event. Council Member Beck commented on the individual who complained about the building department staff, and indicated that the City is very proud of its building division and staff and has received nothing but compliments about the service; he commented on the sale of the Denny's windmill which he thought was one of the gems in the City that he wanted to save; he congratulated Foothill Unity for being named California Non-Profit of the Year; he spoke about the recent horse sales at the racetrack, and indicated that the City will receive revenue from the sales; he thanked everyone who donated to the City for the concerts and movies in the park, and the Library which is listed on the agenda; and he thanked everyone who applied for the various boards and commissions and encouraged them to stay involved. City Clerk Glasco indicated that because Arcadia is such a diverse community, the Gilb Museum of Arcadia Heritage is promoting individuals to share their story on how they arrived in the City which will be shared with the community; and he announced the Concert in the Park on Thursday, and encouraged everyone to attend. Mayor Verlato thanked Girl Scout Troop #5541 for leading the City Council meeting in the Pledge of Allegiance; she thanked those organizations for their donations for the concerts and movies in the park and the Library, and she thanked the Recreation and Community Services Department for securing those donations; she reminded everyone that it's that time of the year that coyotes and bears are out so keep your animals safe and on a leash when out; she spoke about the bear proof trash can device that is offered by Waste Management for a fee; she announced the homeless count in Arcadia is 57, and that the City has received some Measure H funding to provide for a case manager and pay for hotel vouchers for temporary housing for the homeless, and feels that this is an urgent matter that needs to be addressed; she announced "Mahjong with the Mayor" on June 28 at the Community Center, and "Coffee with the Mayor" on July 2, at the 7 06-18-2019 Community Center; and she announced the Patriotic Festival on June 29, and invited everyone to attend. 13. CONSENT CALENDAR a. Regular Meeting Minutes of May 21, 2019. Recommended Action: Approve b. Resolution No. 7260 establishing speed limits on City streets other than those set forth by State Law. Recommended Action: Adopt c. Resolution No. 7265 establishing an appropriation limit for Fiscal Year 2019-20 pursuant to Article XIII-B of the California Constitution. Recommended Action: Adopt d. Donations in the amount of $2,000 from Sierra Family of Dealerships, $1,000 from Waste Management, and $1,000 from Longo Toyota-Lexus to the Recreation and Community Services Department to sponsor the Concerts and Movies in the Park Program. Recommended Action: Accept e. Agreement for Services with the Arcadia Chamber of Commerce in the amount of $80,922. Recommended Action: Approve f. Agreement with Beacon Media, Inc. for Legal Advertising Services in an amount not to exceed $24,000. Recommended Action: Approve g. Professional Services Agreement with Beatrice Picon for the administration of the Community Development Block Grant ("CDBG") Home Improvement Program in the amount of$38,000. Recommended Action: Approve h. Professional Services Agreement with Urban Futures Inc., for Financial Advisory Services relating to rising pension costs and unfunded accrued liability with the California Public Employees' Retirement System ("CaIPERS") in the amount of $25,000. Recommended Action: Approve i. Amendment to the Professional Services Agreement with All City Management Services for Crossing Guard Services in the amount of$227,909. Recommended Action: Approve j. Amendment to the Professional Services Agreement with Inter-Con Security Systems, Inc. for Official Parking Enforcement Services in the amount of$209,402. Recommended Action: Approve I 8 06-18-2019 k. Amendment to the Professional Services Agreement with Pasadena Humane Society & SPCA for Animal Control Services in the amount of$90,702. Recommended Action: Approve I. Amendment to the Professional Services Agreement with U.S. Mobile Wireless Communications, Inc. (Day Wireless Systems)for Radio Communications Services in an amount not to exceed $45,000. Recommended Action: Approve m. Amendment to the Professional Services Agreement with G4S Secure Solutions, Inc. for temporary Media Communications Services in an amount not to exceed $42,192. Recommended Action: Approve n. Amendment to the Professional Services Agreement with G4S Secure Solutions, Inc. for temporary Community Affairs Liaison Services in an amount not to exceed $42,192. Recommended Action: Approve o. Amendment to the Professional Services Agreement with Executive Information Services, Inc. for PS.Net Public Safety Software System Support Services in the amount of$33,757. Recommended Action: Approve p. Purchase Order with Galls, LLC for the purchase of uniforms for the Police Department in an amount not to exceed $73,000. Recommended Action: Approve q. Purchase Order with S & J Supply Company Inc. for the purchase of water pipeline fittings, brass valves, and other related accessories for the City's Water Distribution System in the amount of$107,000. Recommended Action: Approve r. Purchase Order with Clean Energy for the purchase of Compressed Natural Gas ("CNG") Fuel for the City's Fleet in an amount not to exceed $95,000. Recommended Action: Approve s. Purchase Order with Creative Bus Sales for the purchase of eight paratransit replacement vehicles under the Cal ACT Contract for Arcadia in an amount not to exceed $519,716. Recommended Action: Approve t. Contract with General Pump Company, Inc. to provide unscheduled maintenance and emergency repair of City wells and pumps in the amount of$137,550. Recommended Action: Approve u. Statement of Investment Policy for Fiscal Year 2019-20. Recommended Action: Approve It was moved by Mayor Pro Tern Chandler, seconded by Council Member Amundson, and carried on roll call vote to approve Consent Calendar Items 13.a through 13.u. 9 06-18-2019 AYES: Chandler, Amundson, Beck, Tay, and Verlato NOES: None ABSENT: None 14. CITY MANAGER a. Purchase and Sale Agreement and Joint Escrow Instructions between the City of Arcadia and New World International, LLC for the sale of a public parking lot located on the South side of Wheeler Avenue east of First Avenue (Assessor Parcel Number 5773-010-901), to be part of a planned mixed-use development with associated public parking. Recommended Action: Approve Assistant City Manager/Development Services Director Kruckeberg provided the staff report. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to approve staff's recommendation regarding a Purchase and Sale Agreement and Joint Escrow Instructions between the City of Arcadia and New World International, LLC for the sale of a public parking lot located on the South side of Wheeler Avenue east of First Avenue (Assessor Parcel Number 5773-010-901), to be part of a planned mixed-use development with associated public parking. . AYES: Chandler, Tay, Amundson, Beck, and Verlato NOES: None ABSENT: None b. Report, discussion and direction regarding Temporary Use Permits for Events at Santa Anita Park. Temporary Use Permit No. 19-10 to allow a fireworks show as part of a private event on New Year's Eve, December 31, 2019, at Santa Anita Park, 285 W. Huntington Drive. Recommended Action: Provide Direction Extension of Temporary Use Permit No. TUP 19-03 to allow temporary barn structures erected for the Fasig-Tipton Horse Sale on June 5 to remain onsite for a future horse sale in September 2019, at Santa Anita Park, 285 W. Huntington Drive. THIS REQUEST HAS BEEN WITHDRAWN Assistant City Manager/Development Services Director Kruckeberg provided the staff report. Tamir Shanel, Executive Vice President of Hospitality for The Stronach Group, appeared and provided a brief description of the event, and indicated that the horses will be sheltered to make sure they are comfortable and safe. It was moved by Mayor Pro Tern Chandler, seconded by Council Member Tay, and carried on roll call vote to approve the application, and facts and findings as presented by staff relating to the Temporary Use Permit No. 19-10 to allow a fireworks show as part of a private event on New Year's Eve, December 31, 2019, at Santa Anita Park, 285 W. Huntington Drive. 10 06-18-2019 AYES: Chandler, Tay, Amundson, Beck, and Verlato NOES: None ABSENT: None c. Rescind City Council decision concerning a circular driveway at 1231 San Carlos Road per the decision in the case of Tom Crosby, et al. v. City of Arcadia, et al. (Superior Court Case Number BS172105). Recommended Action: Rescind Decision and Provide Additional Direction Assistant City Manager/Development Services Director Kruckeberg presented the staff report. Alexander Janvelian, Attorney for the Petitioners (Crosby's), appeared and commented on a discrepancy in the staff report that indicates Judge Mary Strobel issued a decision that, in part, granted the Petitioners Writ, which he indicated was incorrect, that the decision was granted in full and not, in part, and that the conclusion section of the Court's decision does not make any indication whatsoever about a partial grant of the Petition, but that the petition was granted in full; he encouraged the City Council to reinstate the Planning Commission's approval of the circular driveway of August 22, 2017, and rescind the City Council's decision of October 17, 2017, to allow the circular driveway at1231 San Carlos Road. Charles Chan, an Arcadia resident, appeared and provided his comments regarding the Court's decision, and spoke in support of his neighbors, the Crosby's, and encouraged the City Council to rescind their decision and allow the circular driveway. Edmund Liu, an Arcadia resident, appeared provided his objections on the City continuing to waste taxpayer money on a case that the City already lost; he indicated that since Measure A passed, it is important that these monies be used to maintain City services and staff, and not betray the trust of the voters. It was moved by Council Member Beck, seconded by Council Member Amundson, and carried on a roll call vote to rescind the City Council's decision of October 17, 2017, concerning the circular driveway at 1231 San Carlos Road per the decision in the case of Tom Crosby, et al. v. City of Arcadia, et al. (Superior Court Case No. BS172105). AYES: Beck, Amundson, Chandler, Tay, and Verlato NOES: None ABSENT: None It was moved by Council Member Beck, and seconded by Council Member Amundson to schedule a new public hearing date, at the City Council level. A substitute motion was made by Mayor Pro Tem Chandler, seconded by Council Member Tay, and failed on a roll call vote to adopt the Planning Commission's decision of August 22, 2017. AYES: Chandler, Tay NOES: Beck, Amundson, and Verlato ABSENT: None It was then once again moved by Council Member Beck, seconded by Council Member Amundson and carried on a roll call vote, that a new public hearing concerning the circular driveway application be scheduled for the City Council meeting of August 6, 2019. 11 06-18-2019 AYES: Beck, Amundson, and Verlato NOES: Tay and Chandler ABSENT: None 15. ADJOURNMENT The City Council meeting adjourned at 10:52 p.m. to Tuesday, July 16, 2019, 6:00 p.m. in the City Council Conference Room. "OAP/ Mit r o the City of Arcadia ATTEST: Chi:f ieputy City Clerk/ Rec. ds Manager 12 06-18-2019