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