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HomeMy WebLinkAboutItem 12a - Regular Meeting Minutes of July 16, 2024, Special Meeting Minutes of July 18, 2024, and Special Meeting Minutes of August 12, 2024 1 07-16-2024 ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JULY 16, 2024 1. CALL TO ORDER – Mayor Verlato called the Regular Meeting to order at 7:09 p.m. 2. INVOCATION – Reverend Gina Milligan, Santa Anita Church 3. PLEDGE OF ALLEGIANCE – Mayor Verlato 4. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Cheng, Kwan, Wang, Cao, and Verlato ABSENT: None 5. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto had nothing to report; he thanked outgoing Mayor Verlato for her service and congratulated incoming Mayor Cao on his appointment. 6. CITY COUNCIL REORGANIZATION a. Presentations to outgoing Mayor April A. Verlato Presentation by Los Angeles County Assessor Jeff Prang of the Los Angeles County Assessor’s Office Presentation by Maile Plan on behalf of U.S. Congresswoman Judy Chu Presentation by Erica Nam on behalf of Senator Anthony J. Portantino Presentation by Mauricio Lopez on behalf of Assembly Member Mike Fong Presentation by Tiffany Tran on behalf of Supervisor Kathryn Barger Presentation by Mayor Pro Tem Vinh T. Ngo and Council Member Ivonne Yiu on behalf of the City of Monterey Park Presentation by Dr. Anthony Fellow on behalf of Upper San Gabriel Valley Municipal Water District Presentation by Shirley Yee and Dr. David Vannasdall on behalf of the Arcadia Unified School District Presentation by Joan Schmidt, Linda Sells and Shannon Currie on behalf of the MAD Town Council Presentation by Brian Greene on behalf of the Arcadia Chamber of Commerce Presentation by Sho Tay on behalf of the Arcadia Chinese Association Presentation by MJ Finstrom on behalf of the Downtown Arcadia Improvement Association Presentation by Ulises Guiterrez and Kay Kinsler on behalf of Foothill Unity Center 2 07-16-2024 Presentation by Christine Lee on behalf of the Arcadia Performing Arts Foundation Presentation by Cheryl Alberg on behalf of the Arcadia Woman’s Club Presentation by Mike Veerman and Sharon Wetterau on behalf of CHOA (Creative Housing Options in Arcadia) Presentation by Mayor Pro Tem Michael Cao, M.D., on behalf of United States Senator Alex Padilla Presentation by Mayor Pro Tem Michael Cao, M.D., on behalf of the City of Monrovia Presentation by Mayor Pro Tem Michael Cao, M.D., on behalf of the City of San Gabriel Presentation by Mayor Pro Tem Michael Cao, M.D., on behalf of City of Arcadia – Gavel Plaque Remarks by outgoing Mayor April A. Verlato b. Presentations to incoming Mayor Michael Cao, M.D. Presentation by Los Angeles County Assessor Jeff Prang of the Los Angeles County Assessor’s Office Presentation by Mayor Pro Tem Vinh T. Ngo and Council Member Ivonne Yiu on behalf of the City of Monterey Park Presentation by MJ Finstrom on behalf of the Downtown Arcadia Improvement Association Presentation from Christine Lee on behalf of the Arcadia Performing Arts Foundation Presentation by Mayor Pro Tem Sharon Kwan on behalf of the City of San Gabriel c. Administration of the oath of office to Mayor Michael Cao, M.D. Remarks by Mayor Michael Cao, M.D. d. Administration of the oath of office to Mayor Pro Tem Sharon Kwan Remarks by Mayor Pro Tem Sharon Kwan e. Remarks by members of the City Council 7. PRESENTATIONS a. Presentation to outgoing Board and Commission Members. b. Administer the Oath of Office to newly appointed Board and Commission Members. The City Council recessed at 9:12 p.m. and reconvened at 9:18 p.m. 3 07-16-2024 8. PUBLIC HEARING a. 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. CEQA: Not a Project Recommended Action: Approve City Manager Lazzaretto presented the staff report. Mayor Cao 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 Kwan, and seeing no objection, Mayor Cao declared the public hearing closed. It was moved by Council Member Verlato, seconded by Mayor Pro Tem Kwan, and carried on a roll call vote to 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. AYES: Verlato, Kwan, Cheng, Wang, and Cao NOES: None ABSENT: None 9. PUBLIC COMMENTS The following Arcadia residents appeared and expressed their concerns over the recent rise in bear sightings and bear activity in their neighborhood; and urged the City Council to take action to help mitigate the bear intrusions occurring in District 2: Katie Shen Mahmuda Ahmad Keith Pipes Dr. Rambhatla Jessica Louie Annette Wheat Christine Lee Janet Godfrey Don Hopf Kevin Mak, an Arcadia resident, appeared and spoke about the importance of staying hydrated during summer events; he expressed his disappointment in having to purchase water at the Patriotic Festival; he requested that the City provide water stations at future Patriotic Festival events; and proposed that the Arcadia High School swimming pool be open to residents on Sundays and Fridays during the summer months. Susie Powell-Rutherford appeared on behalf of the American Cancer Society to speak about the Relay for Life fundraising event at Santa Anita Park on September 7 and 8; and encouraged everyone to attend. 10. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). Mayor Pro Tem Kwan had nothing to report. 4 07-16-2024 Council Member Verlato requested City Council support to add a Study Session to a future agenda to discuss the bear issues in Arcadia. In response to Council Member Verlato’s request, City Manager Lazzaretto proposed forming a task force with representatives from impacted neighborhoods and applicable agencies to help address the bear incidents in Arcadia; and summarize the results with a report of recommendations for City Council consideration. The City Council concurred with this recommendation. Council Member Verlato congratulated Mayor Cao on his appointments; provided a report on the various events that she attended or will be attending as a representative of the City; she commented on the shooting that occurred over the weekend at a campaign rally and stated that violence has no place in politics; and she thanked the Secret Service and first responders for their service. 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 had nothing to report and thanked the residents for expressing their safety concerns about the bear sightings. Mayor Cao stated that he supports public safety; he thanked City Manager Lazzaretto for forming a bear task force; and reminded everyone that August 10 is the City’s Community Health Fair, encouraging everyone to attend. 11. CONSENT CALENDAR a. Special Meeting Minutes of June 13, 2024, Regular Meeting Minutes of June 18, 2024, and Special Meeting Minutes of July 2, 2024. CEQA: Not a Project Recommended Action: Approve b. Resolution No. 7579 authorizing the City Manager to enter into the Settlement Agreement with Kroger Co., agree to the terms of the State-Subdivision Agreement, and authorize entry into the State-Subdivision Agreement with the Attorney General. CEQA: Not a Project Recommended Action: Adopt c. Resolution No. 7584 amending the Fiscal Year 2024-25 General Fund Operating Budget authorizing a budget appropriation in the amount of $1,575,000 for costs associated with adoption of the Arcadia Police Civilian Employees’ Association, the Arcadia Police Officers’ Association, and the Arcadia Public Works Employees’ Association Memorandums of Understanding. CEQA: Not a Project Recommended Action: Adopt d. Establish compensation and related benefits for a Firefighter Recruit Classification. Resolution No. 7585 amending Resolution No. 7383 establishing compensation and related benefits for City Council, Executive Management, Management and Unrepresented Confidential Employees for July 1, 2021, through June 30, 2024 (Firefighter Recruit). CEQA: Not a Project Recommended Action: Adopt 5 07-16-2024 Resolution No. 7586 amending Resolution No. 7537 approving wage adjustments for Unrepresented, Non-Benefited Part-Time Employees in accordance with California’s minimum wage increase effective January 1, 2024 (Firefighter Recruit). CEQA: Not a Project Recommended Action: Adopt e. Professional Services Agreement with Raftelis Financial Consultants, Inc. for the Water and Sewer Cost of Service Study in the amount of $89,977. CEQA: Not a Project Recommended Action: Approve f. Amendment to the Professional Services Agreement with Executive Information Services, Inc. for PS.NET Public Safety Software System Support Services in the amount of $44,812. CEQA: Not a Project Recommended Action: Approve g. Contract with Dominguez General Engineering, Inc. for the Water Main Replacement Project in the amount of $323,450. CEQA: Exempt Recommended Action: Approve h. Purchase Order with Allstar Kia San Bernardino for the purchase of one 2024 Kia Telluride in the amount of $51,840.98. CEQA: Not a Project Recommended Action: Approve i. Purchase Order with HydroPro Solutions for the purchase of Data Log Radio Read Water Meters for the City’s water distribution system in the amount of $1,394,000. CEQA: Exempt Recommended Action: Approve j. Purchase Order with South Coast Fire Equipment, Inc. for the purchase of a new Pierce aerial ladder truck in the amount of $1,933,872 plus a 3% contingency. CEQA: Not a Project Recommended Action: Approve k. Purchase Orders for annual software hosting and maintenance with Oracle America for NetSuite for Government and CAN/AM Technologies for Teller cashiering in an amount not to exceed $161,500. CEQA: Not a Project Recommended Action: Approve l. Chage Order to increase the Purchase Order with Waste Management for hazardous waste collection in the amount of $8,184.96. CEQA: Not a Project Recommended Action: Approve m. Final Tract Map No. 82513 for the subdivision of an approved mixed-use development with four residential condominium units and one commercial unit at 405 S. 1st Avenue. CEQA: Exempt Recommended Action: Approve 6 07-16-2024 It was moved by Council Member Kwan, seconded by Council Member Wang, and carried on a roll call vote to approve Consent Calendar Items 11.a through 11.m. AYES: Verlato, Wang, Cheng, Kwan, and Cao NOES: None ABSENT: None 12. ADJOURNMENT The City Council adjourned at 10:05 p.m. to Tuesday, August 20, 2024, at 6:00 p.m. in the City Council Chambers. Linda Rodriguez City Clerk 1 07-18-2024 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES THURSDAY, JULY 18, 2024 CALL TO ORDER – Mayor Cao called the Special Meeting to order at 4:07 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Cheng, Wang, Kwan, and Cao ABSENT: Verlato Council Member Verlato arrived at 4:12 p.m. PUBLIC COMMENTS – No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9 (d)(1) to confer with legal counsel regarding the matter of Moises Anguiano v. City of Arcadia, Arcadia Public Works Services Department; and Does 1-30, inclusive (Case No. 23AHCV00981). b. Confer with legal counsel regarding anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Facts and Circumstances: Written threat of litigation (Government Code Section 54956.9(e)(3). No reportable action was taken. The Closed Session meeting ended at 5:00 p.m. OPEN SESSION Mayor Cao noted that all City Council members were present for the Open Session. REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS City Attorney Maurer reported that prior to the Special Meeting the City Council met in a Closed Session to discuss two items listed on the agenda; he indicated that no reportable action was taken on either item. 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 2 07-18-2024 Mayor Cao opened the continued Public Hearing. David Arvizu, Arcadia resident, appeared and expressed his frustration with the approach the property owner of 314-326 S. Second Avenue has taken with the existing tenants during this project; he indicated that 12 families were being displaced through this project without being provided affordable housing; and asked the City Council to reject this project. City Manager Lazzaretto announced that the City Council received emails from Cal HDF, Olivarez Madruga Law, and Stephanie Howe, for public comment prior to the City Council Meeting. Stephanie Howe, Arcadia resident, appeared and spoke on behalf of the residents who currently reside at 314-326 S. Second Avenue; she indicated they have concerns over finding housing at comparable prices; and she requested City Council’s assistance in arranging for the relocation of existing tenants via the builder to assist them in their relocation. Mayor Cao closed the Public Hearing. A motion to reopen the Public Hearing was made by Council Member Verlato. Seeing no objection, Mayor Cao reopened the Public Hearing. Philip Chan, Applicant on behalf of the property owner, Smart Property II, LLC, appeared, and indicated that property owner is following all Zoning Code and requirements specified by the City for this project; and he expressed his frustration over this project being called up for review by City Council without clear reasoning, and the extended public hearing process for this project. City Council recessed at 5:24 p.m. and reconvened at 5:32 p.m. In response to Mr. Chan’s public comment, Council Member Verlato inquired about the owner’s use of Senate Bill 330 (SB 330) for this project and efforts to prevent displacement of current tenants. In response to Council Member Verlato’s inquiry, Mr. Chan indicated that this project will bring opportunities for more density through the creation of these units; he explained that the property owner has been given conflicting guidance on what needs to be undertaken to obtain City Council approval; and he stated that the owner is willing to provide more time to current tenants to transition to new housing as well as free rent to mitigate any impacts of displacement. Ronnie Rudolph, Property Manager, appeared and indicated that since the property was acquired from the previous owners, they have made over $176,000 in repairs; he explained that the current owner has corrected all code violations with the exception of one item due to scheduling conflicts for roof repair; and indicated that once more is known about project approval, the owner is willing to offer free rent to the remaining tenants and months of notice to aid in their relocation. Paloma Perez-McEvoy, Applicant’s attorney, appeared and indicated that developers are not dictating the terms with the project as they are following State legislation; she read the language of SB 330 and detailed what project conditions must be met under application of this law; and she asked that City Council follow State law and approve this project. In response to City Manager Lazzaretto’s inquiry, Ms. Perez-McEvoy indicated that SB 330 is invoked as soon as an applicant submits a full application pursuant to Section 65941.1 or 65941.3. In response to Council Member Cheng’s inquiry, Mr. Chan indicated that the owner of the property is willing to offer three months of free rent and three months of notice to the tenant. 3 07-18-2024 In response to Council Member Cheng, Mr. Rudolph indicated that they would give three months free rent or three months free. Mayor Cao closed the Public Hearing and continued with City Council discussion. Council Member Cheng asked City Attorney Maurer if the project was to be approved by the City Council, could the approval be conditioned upon the free rent and notice that was offered by the developer. City Attorney Maurer responded by noting that the City Council is limited in imposing conditions; however, since property management has agreed to it and recommends three months’ rent payment, or three months free to remaining tenants, that Condition #29 could be added to the Conditions of Approval. City Attorney Maurer noted that this action would incorporate the environmental findings, which is a CEQA exemption that is contained in the Resolution. City Council recessed at 6:25 p.m. and reconvened at 6:29 p.m. After City Council discussion, Council Member Cheng made a motion, seconded by Council Member Wang, to uphold the Planning Commission’s decision and approve 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 Encroachments No. TRE 23-10; state that the proposal satisfies the requisite findings; and adopt Resolution No. 7563 that incorporates the requisite environmental and subdivision findings and the conditions of approval as presented and add Condition Number 29, to include that all eviction notices shall provide tenants three months to vacate the property and state that no rent will be charged to those tenants for the period of time between issuance of the eviction notice and the tenants vacation of the property for a maximum period of time of three months; alternatively, the applicant shall pay the equivalent of three months’ rent if the tenant leaves prior to the eviction notice. A substitute motion by Council Member Verlato, seconded by Mayor Pro Tem Kwan, to approve the appeal denying the project as presented with the following findings: that SB 330 does not apply to this project as it does not do anything to meet the goals and objectives of the law; and the project does not relieve the need for affordable housing; that it forces public employees, healthcare providers, teachers and others including critical safety personnel into more affordable housing farther from the communities in which they serve; it will exacerbate future disaster response challenges in high cost high congestion areas, increasing the risk to life; that this project also increases health problems due to longer commutes of those being displaced; in addition, SB 330 does not apply as this project would increase greenhouse gas emissions from longer commutes to affordable homes farther from growing job centers; this project does not build more smaller homes; and it does not meet any of the goals to relieve the suffering from the worst housing shortages and highest rates of displacement in the Country; this project discriminates against low income and minority households causing imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration; and this project should be denied based on the findings that this project is not compatible with other projects in the area and that it does not conform in both mass and scale; and that the project would otherwise not be appropriate as designed. AYES: Verlato and Kwan NOES: Cheng, Wang, and Cao ABSENT: None 4 07-18-2024 The substitute motion did not pass on a 2 to 3 vote. Mayor Cao asked for a roll call vote on Council Member Cheng’s motion. AYES: Cheng, Wang, and Cao NOES: Verlato and Kwan ABSENT: None The motion passed and carried on a 3 to 2 vote. City Attorney Maurer noted that the development application is approved and upholds the Planning Commission motion; and that the development application is approved with new Condition Number 29 as it was read into the record. The Special Meeting ended at 6:39 p.m. Rachelle Arellano Assistant City Clerk 1 08-12-2024 ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES MONDAY, AUGUST 12, 2024 CALL TO ORDER – Mayor Cao called the Special Meeting to order at 4:45 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Cheng, Kwan, Wang, Cao, and Verlato ABSENT: None PUBLIC COMMENTS – No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager/Development Services Director Jason Kruckeberg, Interim Administrative Services Director Henry Chen, and Interim Human Resources Director Anely Williams. Employee Organizations: Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers’ Association, Arcadia Firefighters’ Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees. The Special Meeting ended at 6:32 p.m. No reportable action was taken. Linda Rodriguez City Clerk