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HomeMy WebLinkAboutItem 12a - Regular Meeting Minutes of June 4, 2024 1 06-04-2024 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JUNE 6, 2024 CALL TO ORDER - Mayor Verlato called the Study Session to order at 5:05 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Cheng, Kwan, Wang, Cao, and Verlato ABSENT: None City Manager Lazzaretto explained the need to add an emergency item to the agenda under Closed Session, to address a letter received June 3 from Olivarez Madruga Law Organization, LLP on behalf of Smart Property II, LLC (Applicant), pertaining to Continued Public Hearing Item 9.a - Proposed 16-Unit Housing Development Project at 314-326 S. Second Avenue. City Attorney Maurer explained to the City Council that to add a closed session item to the agenda, under Government Code Sections 54956.9(d)(2) pursuant to Section 54954.2(b) of the Brown Act, they would need to make the following two findings: (1) the need to take action tonight (2) and that the need to take action arose after the agenda was posted. The City Council determined they could make both required findings based on the posted agenda, and timing of the correspondence received after the agenda was posted. A motion was made by Mayor Pro Tem Cao, seconded by Council Member Wang, and carried on a roll call vote to find that there is an immediate need to address a matter that arose after the agenda was posted, and to add the following item to the agenda under Closed Session: Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation. AYES: Cao, Wang, Cheng, Kwan, and Verlato NOES: None ABSENT: None PUBLIC COMMENTS Mike Veerman, Arcadia resident and member of Creative Housing Options Arcadia (“CHOA”), appeared and expressed his interest and support to establish an inclusionary housing ordinance in Arcadia. STUDY SESSION a. Report, discussion, and direction concerning the establishment of an inclusionary housing ordinance to require affordable housing in certain residential projects. Assistant City Manager/Development Services Director Kruckeberg provided the PowerPoint Presentation. After City Council discussion, a motion was made by Mayor Pro Tem Cao, and seconded by Council Member Cheng to bring this item back for further discussion in three months. 2 06-04-2024 A substitute motion was made by Mayor Verlato, seconded by Council Member Kwan, to bring this item back for further discussion at the July 16, 2024, City Council Meeting. A substitute motion was made by Council Member Cheng, seconded by Mayor Pro Tem Cao, and carried on a roll call vote to bring this item back for further discussion within three months’ time, provided that staff is able to obtain answers to the requests for information presented by the City Council during the discussion. AYES: Cao, Cheng, Kwan, Wang, and Verlato NOES: Kwan and Verlato ABSENT: None b. Report, discussion, and direction regarding the City Council Certificate Policy. This item was not discussed. It was the consensus of the City Council to continue this item for discussion at the June 18, 2024, City Council Meeting. The Study Session ended at 6:40 p.m. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation. No reportable action was taken. The Closed Session ended at 7:02 p.m. Regular Meeting City Council Chambers, 7:00 p.m. 1. CALL TO ORDER – Mayor Verlato called the Regular Meeting to order at 7:12 p.m. 2. INVOCATION – Pastor Terrence Shay, Arcadia Police Department Chaplain 3. PLEDGE OF ALLEGIANCE – Mayor Verlato 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Cheng, Kwan, Wang, Cao, and Verlato ABSENT: None 5. REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Maurer reported that prior to the Regular Meeting the City Council met in a Study Session to discuss the two items listed on the posted agenda; he indicated that Item a. - the establishment of an inclusionary housing ordinance, will be brought back to the City Council for further discussion; and that Item b – discussion of the City Council Certificate Policy, was continued to the June 18, 2024, City Council Meeting. 3 06-04-2024 City Attorney Maurer furthered reported that by a unanimous vote, the City Council added a Closed Session item to the agenda due to a written threat of litigation received after the agenda was posted, and that there was a need for immediate discussion about that item pursuant to Government Code Section 54956.9(d)(2). 6. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto noted that a letter from Olivarez Madruga Law Organization, LLP, on behalf of Smart Property II, LLC (Applicant), was received and provided to the City Council regarding Continued Public Hearing Item 9.a - Proposed 16-Unit Housing Development Project; he stated that given the volume of speaker cards received for this item and the time Public Hearing Item 8.a is expected to take, he requested the City Council consider moving Continued Public Hearing Item 9.a ahead of Public Hearing Item 8.a. 7. PRESENTATIONS a. Presentation of an adoptable dog by Kevin McManus of the Pasadena Humane Society. Mayor Verlato moved Continued Public Hearing Item 9.a ahead of Public Hearing Item 8.a. 9. CONTINUED PUBLIC HEARING a. Resolution No. 7563 affirming the Planning Commission approval of Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10 for a 16-unit, contemporary style, multi-family residential condominium development at 314-326 S. Second Avenue. CEQA: Exempt Recommended Action: Uphold Planning Commission Approval City Manager Lazzaretto noted that Continued Public Hearing Item 9.a was being resumed from the May 7, 2024, City Council Meeting, for follow-up questions or comments on the proposed project. Mayor Verlato opened the continued public hearing. Philip Chan, Applicant on behalf of the property owner, Smart Property II, LLC, appeared and thanked the City Council for their review and feedback on the proposed project; he stated that the property owner is willing provide current tenants three months advance notice to vacate the property, to include waiving rent costs during those months, pending project approval; he noted a letter from the owner’s representative sent to the City Council and City staff, stating his position on this matter; and requested the City Council uphold the Planning Commission’s approval. In response to Council Member Cheng’s inquiry, Mr. Chan noted that the property manager is in attendance; and restated that the property owner will provide tenants three months’ notice to vacate and that during that period, tenants would not be required to pay rent. 4 06-04-2024 Ronnie Rudolph, Property Manager, appeared and indicated that more than half of the long-term tenants have moved out; that the current tenants have a month-to-month agreement and are paying market value rent; he reiterated what Mr. Chan stated and added that security deposits would be returned to tenants; and he stated that only the property owner could commit to any future changes in rent amounts for any tenants remaining on property. In response to Council Member Wang’s comments, Mr. Rudolph indicated that the owner’s intent is to leave tenants in place pending demolition permits. Andrew Cook, an Arcadia resident, appeared and thanked the City Council for providing an overview of the proposed project last month; he expressed his concerns about the project; and shared the impact tenants are experiencing during this time. Laura Moncada, an Arcadia resident, appeared and shared her experience since moving into the building in 2023; she expressed concerns about property maintenance; she spoke about the need for affordable housing; and she urged the City Council to reconsider the proposed project. In response to Council Member Cheng’s inquiries, Ms. Moncada indicated that the roof leaked during the rainy season and that Management placed a tarp over the affected area. Stephanie Howe, an Arcadia resident, appeared and stated that Management and the property owner have not maintained the building; she indicated that repairs are needed throughout the building; and she provided the City Council photos and a letter outlining the damages to her unit. In response to Council Member Kwan’s inquiry, Ms. Howe indicated that she would like the property owner to provide safe and habitable units. In response to Council Member Cheng’s comments, Mr. Rudolph explained that tarps were intended as a temporary solution; and he indicated that the (landscaping) sprinklers did not work and the property was in disarray when purchased. Mayor Verlato requested this item be continued to allow Code Enforcement to inspect the property for any violations, allowing the property owner to correct any violations before the next Public Hearing, and for the property owner to consider delaying the three-month notice to vacate by an additional 12 months, following project approval by the City Council. In response to Council Member Wang’s inquiry, Mr. Rudolph indicated that not every tenant pays rent on time; that he is responsive to the tenants’ maintenance concerns; and indicated that he is limited on the level of repairs and maintenance provided. In response to Council Member Kwan’s comment, Mr. Rudolph agreed that interested applicants should be notified of the demolition; he stated that he was unaware that the building was being demolished until February 2024, which is when notices were provided to tenants. Mr. Chang stated that he will speak to the property owner to address the issues that were discussed; he indicated that the project approval process is very difficult and that certain concerns such as traffic, mass, and height compatibility should have been addressed during the Arcadia’s Development Code update; he noted that he will work with the management company to address the tenant’s property maintenance concerns. Mayor Verlato closed the continued public hearing. 5 06-04-2024 After City Council discussion, a motion was made by Council Member Verlato, seconded by Council Member Wang, and carried on a roll call vote to continue this item to July 18, 2024, at 4:00 p.m. in the City Council Chambers, to allow Code Enforcement to inspect the property within the bounds of the City’s authority, giving the property owner the opportunity to correct any violations. AYES: Verlato, Wang, Kwan, Cheng, and Cao NOES: None ABSENT: None 8. PUBLIC HEARING a. Resolutions relating to the adoption of the Fiscal Year 2024-25 Operating Budget and the Fiscal Years 2024-25 through 2028-29 Capital Improvement and Equipment Plan. Resolution No. 7573 adopting a budget for Fiscal Year 2024-25 and appropriating the amounts specified therein as expenditures from the various funds. CEQA: Not a Project Recommended Action: Adopt Resolution No. 7574 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2024-25 through 2028-29. CEQA: Not a Project Recommended Action: Adopt City Manager Lazzaretto provided the PowerPoint presentation. Mayor Verlato opened the public hearing Fiona Tai appeared and commended the City on its proposed budget. Mayor Verlato closed the public hearing. After City Council discussion, a motion was made by Mayor Pro Tem Cao, seconded by Council Member Kwan, and placed on a roll call vote to adopt: Resolution No. 7573 adopting a budget for Fiscal Year 2024-25 and appropriating the amounts specified therein as expenditures from the various funds; and Resolution No. 7574 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2024- 25 through 2028-29. AYES: Cao, Kwan, Cheng, Wang, and Verlato NOES: None ABSENT: None 10. PUBLIC COMMENT Fiona Tai, a resident of Los Angeles County, appeared and requested Arcadia’s assistance with the Los Angeles County Water Department, to complete the permit process needed to complete her accessory dwelling unit. 6 06-04-2024 11. REPORTS FROM MAYOR AND CITY COUNCIL (including reports from the City Council related to meetings attended at City expense [AB 1234]). Council Member Wang provided a report on the various events that she attended or will be attending as a representative of the City. Council Member Cheng provided a report on the various events that he attended or will be attending as a representative of the City; he thanked his colleagues for their commitment to the City; he thanked City staff for working tirelessly during the pandemic; and shared a special moment he experienced at the Southern California Chinese Lawyers Association’s 49th Anniversary Installation & Awards Banquet (“SCCALA”). Mayor Pro Tem Cao provided a report on the various events that he attended or will be attending as a representative of the City; and announced that June 2 was National Cancer Survivors Day and shared the significance of that day. Council Member Kwan announced that on May 29 she attended the Welcome Reception for Sandra Chen Lau, new president of the USC Arcadia Hospital Foundation; she noted that Mexico has a new female president; she commended women leadership; and congratulated Arcadia High School Class of 2024. Mayor Verlato provided a report on the various events that she attended or will be attending as a representative of the City; she announced that June 13 is the State of the City; that June 29 is the Downtown Arcadia Improvement Association’s Patriotic Festival & Fireworks event; she stated that the City continues to have issues addressing homelessness in Arcadia; and she spoke about a fatality in Monrovia resulting from an altercation between two unhoused individuals and a neighbor, expressing her condolences to the family of the deceased. City Attorney Maurer noted that the California Attorney General issued a formal opinion that State of the City addresses are subject to the Brown Act, if a quorum of the City Council attends. 12. CONSENT CALENDAR a. Regular Meeting Minutes of May 21, 2024. CEQA: Not a Project Recommended Action: Approve b. Resolution No. 7562 setting service rates for the collection of residential refuse and recyclables pursuant to Section 5120.7 of the Arcadia Municipal Code for Fiscal Year 2024-25. CEQA: Not a Project Recommended Action: Adopt c. Resolutions relating to the General Municipal Election to be held on Tuesday, November 5, 2024. Resolution No. 7566 calling for a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of members of the City Council in Electoral Districts 1 and 4 as required by the laws governing charter cities. CEQA: Not a Project Recommended Action: Adopt 7 06-04-2024 Resolution No. 7567 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code. CEQA: Not a Project Recommended Action: Adopt Resolution No. 7568 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at a General Municipal Election to be held on Tuesday, November 5, 2024. CEQA: Not a Project Recommended Action: Adopt d. Resolutions initiating proceedings for the annual levy and collection of assessments, approving the Preliminary Engineer’s Report, declaring intention to levy and collect assessments for Fiscal Year 2024-25, and appointing a time and place for a public hearing for the Arcadia Citywide Lighting District No. 1. Resolution No. 7569 initiating proceedings for the annual levy and collection of assessments for the Arcadia Citywide Lighting District No. 1 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code and ordering the preparation of the Engineer’s Report. CEQA: Not a Project Recommended Action: Adopt Resolution No. 7570 approving the Preliminary Engineer’s Report of Willdan Financial Services for the Arcadia Citywide Lighting District No. 1. CEQA: Not a Project Recommended Action: Adopt Resolution No. 7571 declaring its intention to levy and collect assessments within the Arcadia Citywide Lighting District No. 1 for Fiscal Year 2024-25 and appointing a time and place for a public hearing. CEQA: Not a Project Recommended Action: Adopt. e. Resolution No. 7575 establishing an appropriation limit for Fiscal Year 2024-25 pursuant to Article XIII-B of the California Constitution. CEQA: Not a Project Recommended Action: Adopt f. Agreement for services with the Arcadia Chamber of Commerce for Fiscal Year 2024- 25 in the amount of $97,900. CEQA: Not a Project Recommended Action: Approve g. Three-Year contract extension with SoCal Mailing Services for outgoing mail services in an amount not to exceed $115,000 annually. CEQA: Not a Project Recommended Action: Approve 8 06-04-2024 h. Statement of Investment Policy for Fiscal Year 2024-25. CEQA: Not a Project Recommended Action: Approve i. Directing City Manager review of the City’s Conflict of Interest Code pursuant to the Political Reform Act of 1974. CEQA: Not a Project Recommended Action: Approve j. 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 $150,000. CEQA: Not a Project Recommended Action: Approve k. Purchase Order with TruePoint Solutions for annual hosting and support services for the TrueBill utility billing software for Fiscal Year 2024-25 in the amount of $54,000. CEQA: Not a Project Recommended Action: Approve l. Extension to the Purchase Order with Waterline Technologies, Inc. for the purchase and delivery of sodium hypochlorite for the disinfection of the City's municipal water supply in the amount of $136,434.37. CEQA: Not a Project Recommended Action: Approve It was moved by Mayor Pro Tem Cao, seconded by Council Member Cheng, and carried on a roll call vote to approve Consent Calendar Items 12.a through 12.l. AYES: Cao, Wang, Cheng, Kwan, and Verlato NOES: None ABSENT: None 13. CITY MANAGER a. Appointment to the LA Metro Transportation Authority/San Gabriel Valley Service Council. CEQA: Not a Project Recommended Action: Make Appointment City Manager Lazzaretto presented the Staff Report. Temple City Council Member Ed Chen appeared and explained why he is interested in appointment to the LA Metro Transportation Authority/San Gabriel Valley Service Council; and requested the City Council’s support. Council Member Cheng nominated Temple City Council Member Ed Chen. Mayor Pro Tem Cao concurred. Seeing no other nominations, it was the consensus of the City Council that Temple City Council Member Ed Chen be selected to represent Arcadia/El Monte/Temple City to the LA Metro Transportation Authority/San Gabriel Valley Service Council, for a term beginning July 1, 2024. 9 06-04-2024 14. ADJOURNMENT The City Council adjourned the meeting at 9:47 p.m. to Tuesday, June 18, 2024, at 6:00 p.m. in the City Council Conference Room. Linda Rodriguez City Clerk