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HomeMy WebLinkAboutItem 11a - Regular Meeting Minutes of July 19, 20221 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JULY 19, 2022 1. CALL TO ORDER – Mayor Beck called the Regular Meeting to order at 7:00 p.m. 2. INVOCATION – First Reader Kristin Bennett, First Church of Christ, Scientist 3. PLEDGE OF ALLEGIANCE – Audrey Sioeng, Girl Scout Troop 891 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Danielson, Tay, Verlato, Cheng, and Beck ABSENT: None 5. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto announced that a packet of information pertaining to Public Hearing Item 8.a was submitted and distributed to City Council prior to the start of the meeting. 6. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Verlato and seconded by Mayor Beck to read all ordinances and resolutions by title only and waive the reading in full. 7. PRESENTATIONS a. Presentation of Mayor's Certificate to Vivien Watts for her service to the community. b. Presentation of Mayor’s Certificate of Commendation to Girl Scout Audrey Sioeng of Girl Scout Troop 891 for receiving the Gold Award. c. Presentation of Mayor's Certificate of Commendation to Charisma Chen in recognition of her outstanding achievements. d. Presentation to outgoing Board and Commission Members. e. Administer the Oath of Office to newly appointed Board and Commission Members. Giselle Soriel, on behalf of Senator Rubio’s office, appeared and presented certificates of recognition to Vivian Watts, Audrey Sioeng and Charisma Chen. 8. PUBLIC HEARING a. Resolutions related to Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12, General Plan Consistency No. GPC 22-01, Tentative Parcel Map No. TPM 21-02, a density bonus and a public alley vacation along with an Environmental Impact Report under the California Environmental Quality Act (“CEQA”) for the “Alexan Arcadia” Mixed-Use Project located at 150 N. Santa Anita Avenue. 2 Resolution No. 7433 ordering the Vacation of the East/West Alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue. Recommended Action: Adopt Resolution No. 7434 adopting CEQA findings of fact, adopting a Mitigation Monitoring and Reporting Program, and certifying the Final Environmental Impact Report for the "Alexan Arcadia" Mixed-Use Development with 319 residential units, including 26 affordable units, located at 150 N. Santa Anita Avenue. Recommended Action: Adopt Resolution No. 7435 approving Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12, General Plan Consistency No. GPC 22-01, Tentative Parcel Map No. TPM 21-02, a density bonus and a public alley vacation along with an Environmental Impact Report under the California Environmental Quality Act (“CEQA”) for the “Alexan Arcadia” Mixed-Use Development located at 150 N. Santa Anita Avenue. Recommended Action: Adopt City Manager Lazzaretto announced that this was a continued Public Hearing from June 21, 2022. Council Member Verlato stated that she has a conflict of interest and recused herself from participation and discussion on this matter. Council Member Verlato left the room. Assistant City Manager/Development Services Director Kruckeberg presented the staff report and advised City Council that the only change to the Conditions of Approval was regarding insurance to Condition 50 located on page 5 of the Staff Report and a revised Resolution to include that Condition; he stated that prior to the meeting, staff received an email with a 21 page letter, including an 800 page attachment from Southwest Regional Council of Carpenters Union that was submitted to City Council. Mayor Beck opened the continued public hearing. Kristin Starbird, an Environmental Consultant from Dudek, indicated that she reviewed the letter provided by Southwest Regional Council of Carpenters Union and clarified that there are no topics that were pertinent or affect the environmental impact report Assistant City Attorney Maurer noted that he reviewed the allegations from the letter regarding Brown Act violations and based on the analysis of the letter and review of the Brown Act the City has complied with the Brown Act and Council may move forward with this item. Assistant City Manager/Development Services Director Kruckeberg mentioned that the letter references two separate Environmental Impact Reports (“EIR”), however with the two Resolutions proposed, one adopts the environmental findings and the other adopts the entire project which includes the EIR. Both Resolutions reference each other in the text of the Resolutions, so there is only one EIR. The recommendations from Staff remain the same as previously proposed. Reece Pettersen, a representative of Trammell Crow Residential, appeared and stated that as part of their negotiation with neighboring property owner Dr. Chang, they have offered valet service for Dr. Chang’s patients and staff during business hours during construction. Mayor Beck asked Mr. Pettersen if Dr. Chang owned the parking behind his building. 3 In response to Mayor Beck, Mr. Pettersen advised that Mr. Chang had purchased a building with no parking and only an easement for 40 stalls. David Fu, from the Law Offices of David Fu, representing Dr. Chang and Mrs. Chang, appeared and expressed Dr. Chang’s parking concerns with the project. Aaron Contreras, member of the Southwest Regional Council of Carpenters appeared and stated that the City should require and use a local, skilled and trained workforce. Sean Matsler, from Cox Castle & Nicholson representing the Alexan, appeared and in response to the attorney from Dr. Chang reminded Council that this is a private agreement between two landowners; he asked Council to look past the issues that the two parties have not agreed upon and approve this project. Mayor Beck closed the public hearing. Council Member Danielson thanked Aaron Contreras for speaking and advocating for his trade; he made a recommendation to move forward on this item and have the two parties work on resolving the remaining issues that they have not agreed upon. Council Member Tay questioned page 4 of the letter distributed to Council, in response to the building official being on vacation and work not able to get done. Assistant City Manager/Development Services Director Kruckeberg responded and stated that the building official was out due to the birth of his first child, and advised that he reached out several times to Attorney Fu and had been responsive on that matter. After discussion a motion was made by Council Member Danielson, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7434 adopting CEQA findings of fact, adopting a Mitigation Monitoring and Reporting Program, and certifying the Final Environmental Impact Report for the "Alexan Arcadia" Mixed-Use Development with 319 residential units, including 26 affordable units, located at 150 N. Santa Anita Avenue. AYES: Danielson, Tay, Cheng, and Beck NOES: None ABSENT: None A motion was made by Council Member Danielson, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7433 ordering the Vacation of the East/West Alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue. AYES: Danielson, Tay, Cheng, and Beck NOES: None ABSENT: None A motion was made by Council Member Danielson, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7435 approving Minor Use Permit No. MUP 21- 08, Architectural Design Review No. ADR 21-12, General Plan Consistency No. GPC 22-01, Tentative Parcel Map No. TPM 21-02, a density bonus and a public alley vacation along with an Environmental Impact Report under the California Environmental Quality Act (“CEQA”) for the “Alexan Arcadia” Mixed-Use Development located at 150 N. Santa Anita Avenue. 4 AYES: Danielson, Tay, Cheng, and Beck NOES: None ABSENT: None Mayor Beck moved to public comments. 9. PUBLIC COMMENTS Jim Helms, former Mayor and Arcadia resident, appeared and spoke on behalf of the Charter Review Committee and thanked City Council for accepting the recommendations provided by the Committee; he thanked staff for their hard work and thoroughness in working with the committee; and he further clarified why the Charter Review Committee provided the recommended changes to the City Clerk position as well as term limits. Mike Cacciotti, Mayor of South Pasadena, appeared and spoke about the Mobile Crisis Team Pilot Program item 12.a, and shared the City of South Pasadena and South Pasadena Police Department’s support for this pilot program between the City’s of South Pasadena, San Marino, and Arcadia. Sonia Martin, an Arcadia resident, appeared and spoke about information published on the Chinese Information Network stating that the City of Arcadia was sued by the Attorney General (according to a Google translation of the article); she indicated that the City Council should request a retraction of the article as the information is false and misleading. John Ansell, president of Arcadia Firefighters Association, appeared and presented his disappointment for City’s inability to retain experienced Firefighters due to City Council and City Manager actions; he indicated that the Arcadia Firefighters Association is ready to support and donate to any prospective City Council candidates who would like to put public safety first. Arogant Hollywood, called and stated that he filed a lawsuit against the City of Arcadia and had the City personally served on July 18, 2022, in which the City has until August 9, 2022, to respond. Alison Fairchild, called and stated that she was cited by the Arcadia Police Department and feels that she has been harassed at the Arcadia Public Library and requested that the City stop harassing her. 8. PUBLIC HEARING b. Confirm the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures Weed Abatement Charges and order the County Auditor to enter the amounts of the assessment against the parcels of land as they appear on the current assessment roll. Recommended Action: Approve City Manager Lazzaretto presented the staff report. Mayor Beck opened the Public Hearing. No one appeared. A motion to close the public hearing was made by Mayor Beck. The City Council concurred. It was moved by Council Member Danielson, seconded by Council Member Tay, and carried on a roll call to confirm the weed abatement charges and order the County Auditor to enter the amounts of the assessment against the parcels of land as they appear on the current assessment roll. 5 AYES: Danielson, Tay, Verlato, Cheng, and Beck NOES: None ABSENT: None 10. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). City Clerk Glasco congratulated and thanked the newly appointed commission members. Council Member Danielson announced that he attended “Coffee with the Mayor”; he further announced that he has been attending Concerts in the Park and invited everyone to the next one on Thursday, July 21; he thanked Donna Choi and MJ Finstrom for all the work they did for the July Patriotic Festival; and he further thanked former Mayor Helms and the Charter Committee for such thorough review of the City Charter. Mayor Pro Tem Cheng announced that he is currently in trial and had nothing to report. Council Member Tay announced the Concerts in the Park will continue for the next 3 weeks on Thursdays; he further announced that August 4 will be the National night out event during the Concert in the Park where the Police and Fire Departments will attend; he commented on the Public Comment made by Sonia; and reminded people that Google translation does not always translate accordingly. Council Member Verlato thanked the estate of Robert Lowe for a huge donation to the Arcadia Library; she shared pictures from the Patriotic Festival; she thanked the Downtown Arcadia Improvement Association for all the efforts in putting the event together; she attended the Sierra Madre parade on July 4; she invited everyone to attend Concerts in the Park this Thursday for the Alumni acoustic band; she applauded the Arcadia Parks and Recreation Commission for being awarded a huge grant for the Newcastle Park renovation; she further thanked Los Angeles County for giving the City 463 trees to help beautify our City; she announced that the City has new housing and case management resources that started July 1, through the Los Angeles County and Drug Abuse program; and she shared her condolences for the loss of Mary Hansen who passed away on July 18. Mayor Beck shared his condolences for the loss of Mary Hansen; he thanked the Robert Lowe estate for the donation to the Arcadia Library; he further thanked Arcadia Parks and Recreation Director Sara Somogyi and staff for the $2.2 million grant awarded to the City that will go towards the Newcastle Park Renovation; he attended the Patriotic Festival; he further attended the Sierra Madre annual parade on July 4; he announced that there will be a Coffee with the Mayor on August 9 at 9 am; he shared that there will be a Too Toxic to Trash Event at the Santa Anita Race Track on August 6; and he further announced that he will be attending the Arcadia Chinese Association Officers and Board Directors Installation ceremony on August 5 and encouraged all to attend. 11. CONSENT CALENDAR a. Regular Meeting Minutes of June 21, 2022. Recommended Action: Approve 6 b. Ordinance No. 2388 amending Divisions 2 and 5 of Chapter 1, Article IX, of the Arcadia Municipal Code related to urban lot splits and two-unit projects and determining Text Amendment No. TA 22-01 to be statutorily exempt from the California Environmental Quality Act (“CEQA”). Recommended Action: Adopt c. Donation from the Estate of Robert G. Low in the amount of $113,333.33 to the Arcadia Public Library for the purchase of books. Recommended Action: Accept d. Direct the City Manager to review the City’s Conflict of Interest Code pursuant to the Political Reform Act of 1974. Recommended Action: Approve e. Cooperative Agreement with the Los Angeles County Flood Control District for the replacement of trees. Recommended Action: Approve f. City Bench Donation Policy. Recommended Action: Adopt g. Accept all work performed by CT&T Concrete Paving, Inc. for the Americans with Disabilities Act (“ADA”) Bus Stop Improvements Project in the amount of $185,533. Recommended Action: Approve h. Find that, due to the COVID-19 state of emergency, state and local officials continue to recommend measures to promote social distancing, and therefore the City Council and all other City Boards and Commissions may meet virtually. Recommended Action: Make Findings It was moved by Council Member Verlato, seconded by Council Member Tay, and carried on a roll call vote to approve Consent Calendar Items 11.a through 11.h. AYES: Verlato, Tay, Danielson, Cheng, and Beck NOES: None ABSENT: None 12. CITY MANAGER a. Participation in San Gabriel Valley Council of Government’s Mobile Crisis Team as part of a Regional Homeless, Mental Health, and Crisis Response Pilot Program. Recommended Action: Approve Police Chief Nakamura presented the Staff Report. After discussion a motion was made by Council Member Danielson, seconded by Council Member Tay, and carried on a roll call vote to approve participation in San Gabriel Valley Council of Government’s Mobile Crisis Team as a part of a Regional Homeless Metal Health, and Crisis Response Pilot Program. AYES: Danielson, Tay, Verlato, Cheng, and Beck NOES: None ABSENT: None 7 b. Ordinance No. 2389 amending Arcadia Municipal Code Section 4137 of Part 3 of Chapter 1 of Article IV (“The Public Welfare, Morals and Policy Code”) to establish peafowl feeding prohibitions on private property with an exemption from the California Environmental Quality Act (“CEQA”). Recommended Action: Introduce Senior Management Analyst Dr. Brutus presented the Staff Report. City Manager Lazzaretto announced that Mayor Pro Tem Cheng fell off-line and was having difficulty logging back on to join the meeting. Council Member Verlato requested City Council support to look into exploring the cost for birth control for peacocks. It was the consensus of the City Council not to explore the cost of birth control for peacocks. After discussion, a motion was made by Council Member Verlato and seconded by Council Member Tay to introduce Ordinance No. 2389 amending Arcadia Municipal Code Section 4137 of Part 3 of Chapter 1 of Article IV (“The Public Welfare, Morals and Policy Code”) to establish peafowl feeding prohibitions on private property with an exemption from the California Environmental Quality Act (“CEQA”). AYES: Verlato, Tay, Danielson, and Beck NOES: None ABSENT: Cheng c. Ordinance No. 2393 Amending the Arcadia Municipal Code by adding Part 10 to Chapter 6 of Article II (“The Administration Code”) to establish an attorney fees recovery provision for prevailing litigation related to all local tax collection matters with an exemption from the California Environmental Quality Act (“CEQA”). Recommended Action: Introduce Senior Management Analyst Dr. Brutus presented the Staff Report. After discussion, a motion was made by Council Member Verlato and seconded by Council Member Tay to introduce Ordinance No. 2393 amending the Arcadia Municipal Code by adding Part 10 to Chapter 6 of Article II (“The Administration Code”) to establish an attorney fees recovery provision for prevailing litigation related to all local tax collection matters with an exemption from the California Environmental Quality Act (“CEQA”). AYES: Verlato, Tay, Danielson, and Beck NOES: None ABSENT: Cheng d. Resolutions relating to the placement of Ballot Measures at the General Municipal Election to be held on Tuesday, November 8, 2022. Resolution No. 7451 Submitting to the Qualified Voters of the City a proposed amendment to the City Charter regarding the election of members of the City Council by Districts, the date of the City’s General Municipal Election, the filling of City Council vacancies, changing the position of City Clerk from elected to appointed, establishing a City Prosecutor, modifying City Procurement Procedures, and making other technical changes to the City Charter; at a General Municipal Election to be consolidated with the Statewide General Election to be held November 8, 2022; 8 directing the City Attorney to prepare an impartial analysis of the Proposed Charter Amendment and providing for the filing of primary and rebuttal arguments and setting rules for the filing written arguments regarding the proposed Charter Amendment. Recommended Action: Adopt Resolution No. 7452 Calling for the placement of a General Tax Measure on the November 8, 2022, General Municipal Election Ballot for the submission to the qualified voters for a proposed Ordinance amending the City’s Transient Occupancy Tax (“Hotel Tax”) by increasing the maximum rate from 10% to 12%; requesting the County of Los Angeles to consolidated said election with the Statewide General Election of even date; and setting rules and deadlines for arguments and rebuttals for and against the Measure. Recommended Action: Adopt Resolution No. 7453 Calling for the placement of a General Tax Measure on the November 8, 2022, General Municipal Election Ballot for the submission to the qualified voters of a proposed Ordinance establishing a Sports Wagering Tax at a rate of up to 5% of Sports Wagering gross revenues received by qualified businesses withing the City; requesting the County of Los Angeles to consolidate said election with the Statewide General Municipal Election of even date; and setting rules and deadlines for arguments and rebuttals for and against the Measure. Recommended Action: Adopt City Manager Lazzaretto presented the Staff Report. Senior Management Analyst Dr. Brutus presented a PowerPoint presentation. Mayor Beck asked for two volunteers from City Council to create a sub-committee to write the ballot argument. Council Member Danielson and Council Member Tay volunteered. Assistant City Attorney Maurer noted that this would not be a sub-committee in the traditional sense. Based on Election Code 9282, this will be two members of the legislative body authorized by the legislative body. After discussion a motion was made by Council Member Verlato, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7451 Submitting to the Qualified Voters of the City a proposed amendment to the City Charter regarding the election of members of the City Council by Districts, the date of the City’s General Municipal Election, the filling of City Council vacancies, changing the position of City Clerk from elected to appointed, establishing a City Prosecutor, modifying City Procurement Procedures, and making other technical changes to the City Charter; at a General Municipal Election to be consolidated with the Statewide General Election to be held November 8, 2022; directing the City Attorney to prepare an impartial analysis of the Proposed Charter Amendment and providing for the filing of primary and rebuttal arguments and setting rules for the filing written arguments regarding the proposed Charter Amendment. AYES: Verlato, Tay, Danielson, and Beck NOES: None ABSENT: Cheng After discussion a motion was made by Council Member Verlato, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7452 Calling for the placement of a 9 General Tax Measure on the November 8, 2022, General Municipal Election Ballot for the submission to the qualified voters for a proposed Ordinance amending the City’s Transient Occupancy Tax (“Hotel Tax”) by increasing the maximum rate from 10% to 12%; requesting the County of Los Angeles to consolidated said election with the Statewide General Election of even date; and setting rules and deadlines for arguments and rebuttals for and against the Measure. AYES: Verlato, Tay, Danielson, and Beck NOES: None ABSENT: Cheng After discussion a motion was made by Council Member Verlato, seconded by Council Member Tay, and carried on a roll call vote to adopt Resolution No. 7453 Calling for the placement of a General Tax Measure on the November 8, 2022, General Municipal Election Ballot for the submission to the qualified voters of a proposed Ordinance establishing a Sports Wagering Tax at a rate of up to 5% of Sports Wagering gross revenues received by qualified businesses withing the City; requesting the County of Los Angeles to consolidate said election with the Statewide General Municipal Election of even date; and setting rules and deadlines for arguments and rebuttals for and against the Measure. AYES: Verlato, Tay, Danielson, and Beck NOES: None ABSENT: Cheng 13. ADJOURNMENT The City Council adjourned at 9:45 p.m. to Tuesday, August 16, 2022, at 6:00 p.m. in the City Council Conference Room. Rachelle Arellano Deputy City Clerk