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HomeMy WebLinkAboutItem 13a - Special Meeting Minutes of December 9, 2021, and Regular Meeting Minutes of December 21, 2021 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES THURSDAY, DECEMBER 9, 2021 CALL TO ORDER - Mayor Tay called the Special Meeting to order at 10:00 a.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Verlato, Cheng, and Tay ABSENT: None PUBLIC COMMENTS - No one appeared. OPEN SESSION TO THE PUBLIC a. Interview potential Candidates for Appointment to fill the unexpired term of City Council Member District 5; Report, discussion, and direction regarding Appointment to fill the unexpired term of City Council for District 5: or adoption of resolutions relating to an All- Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. Resolution No. 7397 calling and giving notice of an All-Mail Ballot Special Municipal Election to be held in City Electoral District 5 on Tuesday, April 12, 2022, to fill a vacancy on the City Council as required by the provisions of the City Charter and the laws of the State of California relating to Charter Cities. Recommended Action: Adopt Resolution No. 7398 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. Recommended Action: Adopt Resolution No. 7399 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022, to fill a vacancy on the City Council. Recommended Action: Adopt City Manager Lazzaretto noted for the record that Council Member Verlato had indicated that one of the candidates, Dr. Michael Cao, is an active client of hers and based on the facts, it was concluded that there is a potential conflict of interest. It was recommended that Council Member Verlato recuse herself from deliberating on the appointment of Dr. Cao. Council Member Verlato announced that the City Attorney advised her that she must recuse herself from deliberating on the appointment of Dr. Michael Cao as a candidate for the District 5 vacancy. The purpose of this Special Meeting was to interview potential candidates for appointment to the vacant City Council seat representing District 5. The City Council interviewed eleven (11) potential candidates for appointment. Council Member Verlato left the room during the interview of Dr. Michael Cao, and was present for all other interviews. Thomas Tseng Joyce Platt Jason Lee Tommy Thai Michael Cao Flora Tan Eileen Wang Terrence Shay Angela Hui Larry Steimle At the conclusion of the interviews, Council Member Verlato recused herself and the remaining Council Members began deliberation. After discussion, a motion was made by Council Member Beck to stop considering Dr. Cao as a candidate. A substitute motion was made my Mayor Pro Tem Cheng, and seconded by Mayor Tay, to continue to consider to Dr. Cao as a candidate. AYES: Cheng, Tay NOES: Beck ABSENT: None After further discussion a motion was made by Mayor Pro Tem Cheng, and seconded by Mayor Tay, to continue the hearing to 9:30 a.m. on December 10, 2021, and requested that staff provide a transcript of the question and answer section of all candidates regarding questions relating to the November 2022 election, and email those transcripts to City Council prior to the continued hearing at 9:30 a.m. on December 10, 2021. AYES: Cheng, Tay and Beck NOES: None ABSENT: None The Special Meeting recessed at 4:14 p.m. to Friday, December 10, 2021, at 9:30 a.m. CALL TO ORDER - Mayor Tay called the Continued Special Meeting to order at 9:30 a.m. on Friday, December 10, 2021. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Cheng, and Tay ABSENT: Verlato City Manager Lazzaretto noted for the record that Council Member Verlato recused herself form this portion of the meeting due to a conflict of interest and will join the meeting after deliberation on the appointment of Dr. Michael Cao. Mayor Tay read into the record and commented on the email submitted by Stephen Dai regarding the City Council District 5 vacancy. In response to Mayor Tay’s comments, Council Member Beck indicated that his reason for inquiring whether applicants own property and businesses in the City is to avoid conflicts of interest. After discussion, a motion was made by Mayor Pro Tem Cheng, and seconded by Mayor Tay, to appoint Dr. Michael Cao to fill the unexpired term of City Council Member in District 5. AYES: Cheng and Tay NOES: Beck ABSENT: Verlato The motion failed on a 2-1 vote; the City Charter requires three affirmative votes to fill the vacancy. Given no further action, it was deemed that Dr. Cao would be excluded from further consideration. The City Council recessed at 9:54 a.m. and reconvened at 9:59 a.m. Council Member Verlato arrived at 9:59 a.m. Discussion ensued and the City Council provided their recommendations of potential candidates to fill the vacancy in City Council District 5. The City Council recessed at 11:15 a.m. and reconvened at 11:23 a.m. The City Council provided their reasons why each of their recommended candidates is qualified to fill the vacancy. The City Council recessed at 11:58 a.m. and reconvened at 1:03 p.m. Angela Hui appeared and expressed her reasons why she feels she is the most qualified candidate to fill the unexpired term. After City Council discussion, a motion was made by Mayor Pro Tem Cheng, and seconded by Mayor Tay, to adopt resolutions relating to an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. AYES: Cheng, Tay NOES: Beck, Verlato ABSENT: None The motion failed on a 2-2 vote. The Continued Special Meeting recessed at 2:12 p.m. to Monday, December 13, 2021, at 6:00 p.m. CALL TO ORDER - Mayor Tay called the Continued Special Meeting to order at 6:00 p.m. on Monday, December 13, 2021 ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Verlato, Cheng, and Tay ABSENT: None City Manager Lazzaretto noted that today is the 30-day deadline for the City Council to select an applicant to fill the District 5 vacancy or proceed with a Special Election per the City Charter. Mayor Pro Tem Cheng shared a story and his feelings that he wants the City Council to leave what has happened in the past in the past and to move forward so that they may come into agreement together. Council Member Beck announced that he apologized to Mayor Pro Tem Cheng following the December 10 Special Meeting for things that he said; he further announced his reasoning as to why he would not vote for a Special Election. City Manager Lazzaretto recommended that Mayor Tay proceed with public comments. PUBLIC COMMENTS: Joyce Platt, a District 5 candidate, provided her condolences to the Chandler family, made a public apology to Mayor Tay, and asked that they move on from the 2018 election and move forward in a positive direction. Stephen Dai, an Arcadia resident of District 5, addressed his concern for the selection of the interim City Council Member for District 5; he expressed his frustration with Council Member Beck for not recognizing Angela Hui as she has been involved in many City activities; he further announced his frustration for the City Council Members not advising the candidates that they would be disqualified if they planned on running in the November 2022 election. Council Member Verlato asked Stephen Dai if he voted in the 2018 election. Stephen Dai responded that he did not vote in the 2018 election, but he will vote in the 2022 election. Jeannie Wang, an Arcadia resident of District 5, addressed her concern with the selection process. Council Member Verlato Jeannie Wang if she voted in 2018 election. Jeannie Wang responded that she did not vote, but her family did, and advised that she plans on voting in the 2022 election. Lucy Zhang, an Arcadia resident of District 5, addressed Council Member Verlato and stated that she did not vote in 2018 as she had just moved to the City of Arcadia, but she will be voting in the 2022 election; she expressed her frustration with the selection process and recommended that City Council move forward with a Special Election so that the residents of District 5 can make the decision. Ricky Lau, an Arcadia resident of District 5, expressed that he would like to have the residents of District 5 select the candidate to represent their own District. Edmund Liu, an Arcadia resident of District 5, expressed his concern with Council Member Verlato providing voters personal information on Facebook; he asked Council Member Verlato to disclose her reasoning for asking public comments speakers if they voted in the 2018 election as he did not find it necessary for her to release their voter information. Council Member Verlato responded and stated that the voter registration information is public record; she further responded about why she asked the public speakers if they had voted in the 2018 election as she would take those comments into stronger consideration than those that have not voted or are planning to vote in the next election. Mayor Tay thanked Joyce Platt for all of her volunteer time and expressed that he has no ill feelings for her and appreciates her apology. The City Council recessed at 6:43 p.m. break and reconvened at 6:48 p.m. Council Member Beck responded to the comments by speaker Stephen Dai and clarified his reasoning for not selecting an applicant who planned on running in the November election; he further addressed that he stated that he did not really know Angela Hui, and that is merely due to the fact he had never worked with her like other Council Members. City Manager Lazzaretto clarified that if the City Council calls for a Special Election that it would take place in April 2022; he further explained that there are many very important decisions that need to be made prior to April 2022, such as redistricting, the housing element, and a City Charter review. Mayor Tay asked to proceed with deliberations. After discussion, Council Member Beck made a motion, seconded by Council Member Verlato, to appoint Joyce Platt to fill the unexpired term of City Council Member in District 5. AYES: Beck, Verlato, NOES: Cheng, Tay ABSENT: None The motion failed on a 2-2 vote; the City Charter requires three affirmative votes to fill the vacancy. Mayor Pro Tem Cheng shared the reason that he believes that City Council should leave it up to the residents to select the candidate to represent their district; he further stated that Joyce Platt is a great person and he even recommended to her to run in the Special Election in April 2022, if that is what was voted on. Council Member Verlato made a motion, seconded by Council Member Beck, to appoint Angela Hui to fill the unexpired term of City Council Member in District 5. Mayor Pro Tem Cheng stated that a Special Election should not be a bad thing. Council Member Beck stated that he is not putting his finger on the scale as Angela Hui was one of his top picks as she had stated that she does not plan to run in the November election. AYES: Verlato, Beck NOES: Tay ABSTAIN: Cheng ABSENT: None The motion failed on a 2-1 vote, with 1 abstention; the City Charter requires three affirmative votes to fill the vacancy. Council Member Verlato expressed the reason that she made a motion for Angela Hui. Mayor Pro Tem Cheng stated that he received a lot of emails with a lot of mean messages about candidates; he further stated that if they just select anyone the residents in District 5 may feel cheated; he further stated that District 5 residents deserve better. Council Member Beck stated that he was criticized for not knowing Angela Hui; however, he voted for her. Mayor Pro Tem Cheng made a motion, seconded by Mayor Tay, to call for a Special Election and to incorporate the Resolutions and findings for Resolutions 7397, 7398, and 7399 as read into record on Thursday, December 9, 2021. AYES: Cheng, Tay NOES: Beck, Verlato ABSENT: None The motion failed on a 2-2 vote. City Manager Lazzaretto asked the City Council if they would be interested in going into a Closed Session to further discuss legal issues with the City Attorney. After some discussion, Mayor Tay recommended that City Council move to Closed Session. Assistant City Attorney Maurer stated for the record that Closed Session would be pursuant to Government Code Section 54956.9(d)(2) [threatened litigation] and the factual circumstances for the Closed Session would be for the City Council not taking action at this meeting. City Council recessed to Closed Session at 7:52 p.m. and reconvened to the Continued Special Meeting at 8:42 p.m. City Manager Lazaretto announced that the Closed Session adjourned with no reportable action. Mayor Pro Tem Cheng suggested that the City Council appoint someone tonight and call for a Special Election. Council Member Verlato stated that based on what was discussed in Closed Session, that would not be in compliance with the City’s Charter. Assistant City Attorney Maurer stated that the language of the Charter states that, “any vacancy on the City Council shall be filled by a majority vote of the remaining Councilmember within 30 days after the vacancy occurs” and if the City Council fails for any reason to fill such vacancy they shall forthwith call for a Special Election; he then shared his proposed interpretation of the Charter and recommended that if no appointment is made, then a Special Election could be called. Council Member Beck stated that it is in the best interest of the City to select a representative to fill the vacant position, and it would not be in the best interest of the City to call for a Special Election. Council Member Verlato stated that she would like to appoint someone and she would not like to propose a Special Election. Mayor Tay stated that City Council should not go back and forth to select someone by process of elimination, and would like to let District 5 voters select their representative by moving forward with a Special Election. Council Member Verlato made a motion, seconded by Council Member Beck, to select Angela Hui. AYES: Verlato, Beck NOES: Tay ABSTAIN: Cheng ABSENT: None The motion failed on a 2-1 vote, with 1 abstention; the City Charter requires three affirmative votes to fill the vacancy. Mayor Tay made a motion, seconded by Mayor Pro Tem Cheng, to move forward with a Special Election with the required Resolutions. AYES: Tay, Cheng NOES: Beck, Verlato ABSENT: None The motion failed on a 2-2 vote. The Special meeting adjourned at 8:58 p.m. Rachelle Arellano Deputy City Clerk 12-21-2021 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, DECEMBER 21, 2021 CALL TO ORDER – Mayor Tay called the Closed Session Meeting to order at 6:00 p.m. PUBLIC COMMENTS – No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(4) to confer with legal counsel regarding potential litigation – one (1) case The Closed Session ended at 6:08 p.m. Regular Meeting City Council Chamber, 7:00 p.m. 1. CALL TO ORDER – Mayor Tay called the Closed Session Meeting to order at 7:00 p.m. 2. INVOCATION – Reverend Jolene Cadenbach, Arcadia Congregational Church 3. PLEDGE OF ALLEGIANCE – City Clerk Gene Glasco 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Beck, Verlato, Cheng, and Tay ABSENT: None 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, and no reportable action was taken. 6. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto referenced a change on Exhibit A to Resolution SA-21 of Successor Agency Item 13.a.; he indicated that the appellant for City Manager Item 14.a. requested an additional continuance for that item and recommended to approve that continuance to the next City Council Meeting. A motion was made by Council Member Verlato, seconded by Council Member Beck, and carried on a roll call vote to continue City Manager Item 14.a. to the next City Council meeting on January 18, 2022. AYES: Verlato, Beck, Cheng, and Tay NOES: None ABSENT: None 12-21-2021 City Manager Lazzaretto, requested to add an emergency item under City Manager Item 14.b. to declare an emergency at Wilderness Park and stated the reasons for the urgency. A motion was made by Council Member Beck, seconded by Council Member Verlato, and carried on a roll call vote to add the Emergency Proclamation Item 14.b. to the agenda. AYES: Beck, Verlato, Cheng, and Tay NOES: None ABSENT: None 7. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council member Beck and seconded by Verlato to read all ordinances and resolutions by title only and waive the reading in full and the City Council concurred. 8. PRESENTATIONS a. Presentation of Mayor's Certificates of Recognition to the Arcadia Seabiscuit Tennis Team for winning the USTA National Championship at Orlando, Florida. 9. PUBLIC HEARING a. Urgency Ordinance No. 2385 amending Divisions 2 and 5 of Chapter 1, Article IX, of the Arcadia Municipal Code related to urban lot splits and two-unit projects (“SB 9”) and determining the Ordinance to be statutorily exempt from the California Environmental Quality Act (“CEQA”). Recommended Action: Adopt Assistant City Manager Kruckeberg presented the Staff Report. Mayor Tay opened the public hearing. No one appeared. A motion to close the public hearing was made by Council Member Verlato, seconded by Mayor Pro Tem Cheng, and seeing no objection, Mayor Chandler declared the public hearing closed. A motion was made by Council Member Verlato, seconded by Mayor Pro Tem Cheng, and carried on a roll call vote to adopt Urgency Ordinance No. 2385 amending Divisions 2 and 5 of Chapter 1, Article IX, of the Arcadia Municipal Code related to urban lot splits and two-unit projects (“SB 9”) and determining the Ordinance to be statutorily exempt from the California Environmental Quality Act (“CEQA”). AYES: Verlato, Cheng, Beck and Tay NOES: None ABSENT: None 10. PUBLIC COMMENTS – No one appeared. 12-21-2021 11. 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 Verlato thanked all City Council District 5 applicants; she further thanked the Tzu Chi Foundation for the gifts given to the City Council; she wished everyone a happy winter solstice and wished her daughter Caity a happy birthday; and she further wished everyone Happy Holidays and Happy New Year. Council Member Beck thanked the applicants who applied for the City Council District 5 seat; he further thanked the Tzu Chi Foundation and wished everyone Happy Holidays. Mayor Pro Tem Cheng shared a story about a dinner he had with Council Members Verlato and Beck; he thanked April for sharing a story about her father; he further thanked the Arcadia Beautiful Commission and everyone that participated in the Holiday Decoration Awards on December 16; he especially thanked Michael and Lori Cappello for being such great people; he wished Harry Horak a happy 100th birthday; and he further wished everyone a Merry Christmas and Happy Holidays. City Clerk Gene Glasco wished everyone a Merry Christmas and a happy, healthy, and prosperous New Year. Mayor Tay shared his thoughts on how important it is to respect other people’s opinions; he further shared the philosophy of the Tzu Chi’s Foundation, which is “big love,” and reminded residents that we are all here so that we can make Arcadia a better place. 12. CONSENT CALENDAR a. Regular Meeting Minutes of December 7, 2021. Recommended Action: Approve b. Resolution No. 7382 approving a Memoranda of Understanding establishing compensation and related benefits for employees represented by the Arcadia Fire Fighters’ Association and Resolution No. 7401 amending the Fiscal Year 2021-22 General Fund Operating Budget authorizing a budget appropriation for costs associated with adoption of the Memorandum of Understanding. Resolution No. 7382 approving a Memorandum of Understanding establishing compensation and related benefits for employees represented by the Arcadia Fire Fighters’ Association for July 1, 2021, through June 30, 2024. Recommended Action: Adopt Resolution No. 7401 amending the Fiscal Year 2021-22 General Fund Operating Budget authorizing a budget appropriation in the amount of $440,000 for costs associated with the adoption of the Arcadia Fire Fighters’ Association Memorandum of Understanding. Recommended Action: Adopt c. Extension to the Professional Services Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance Services in the amount of $583,222.18. Recommended Action: Approve 12-21-2021 d. Extension to the Contract with Sheldon Mechanical Corporation for HVAC Preventative Maintenance and Repair Services at various City facilities in the amount of $151,046. Recommended Action: Approve It was moved by Council Member Beck, seconded by Council Member Verlato, and carried on a roll call vote to approve Consent Calendar Items 12.a. through 12.d. AYES: Beck, Verlato, Cheng, and Tay NOES: None ABSENT: None 13. SUCCESSOR AGENCY a. Successor Agency Resolution No. SA-20 approving and adopting a Recognized Obligation Payment Schedule and Successor Agency Resolution No. SA-21 approving and adopting a Last and Final Recognized Obligation Payment Schedule. Successor Agency Resolution No. SA-20 approving and adopting a Recognized Obligation Payment Schedule (“ROPS”) for the period of July 1, 2022, through June 30, 2023, pursuant to Health and Safety Code Section 34177(m). Recommended Action: Adopt Successor Agency Resolution No. SA-21 approving and adopting a Last and Final Recognized Obligation Payment Schedule (“ROPS”) for the period of July 1, 2022, through June 30, 2026, pursuant to Health and Safety Code Section 34177(m). Recommended Action: Adopt Economic Development Manager Schwehr provided the Staff Report. A motion was made by Council Member Beck, seconded by Council Member Verlato, to adopt Resolution No. SA-20, and carried on a roll call vote: AYES: Beck, Verlato, Cheng, and Tay NOES: None ABSENT: None A motion was made by Council Member Verlato, seconded by Council Member Beck, to adopt Resolution No. SA-21, and carried on a roll call vote: AYES: Verlato, Beck, Cheng, and Tay NOES: None ABSENT: None 14. CITY MANAGER a. Appeal of the Business Permit and License Review Board’s Decision to revoke the Business License for Saybrook Media Group Inc. at 529 Las Tunas Drive and if the decision is to uphold the Board’s decision, adopt Resolution No. 7394. Recommended Action: Adopt 12-21-2021 At the recommendation of City Manager Lazzaretto and by the consensus of the City Council, this item was continued to the next City Council Meeting on January 18, 2022. b. Emergency Proclamation – Wilderness Park, Ratify and adopt Resolution No. 7402. City Manager Lazzaretto provided the Staff Report, stating that the recent heavy rains had inundated Wilderness Park with mud and debris flowing from the Bobcat Fire burn area above the park and that damages were thought to be in the millions of dollars and would require the park to be closed throughout the winter. A motion was made by Mayor Pro Tem Cheng, seconded by Council Member Beck, to adopt Resolution No. 7402 to declare a state of emergency at Wilderness Park, and carried on a roll call vote: AYES: Cheng, Beck, Verlato, and Tay NOES: None ABSENT: None 15. ADJOURNMENT The City Council adjourned in memory of former Chamber of Commerce President and Arcadia Association of Realtors’ President Gordon Maddock, at 8:10 p.m. to Tuesday, January 18, 2022, at 6:00 p.m. in the City Council Conference Room. Rachelle Arellano Deputy City Clerk