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HomeMy Public PortalAbout05. Minutes�o,Pt- Claremont City Council 0 Ua; d E Agenda Report 1997 - File #: 4302 Item No: 5. TO: ADAM PIRRIE, CITY MANAGER FROM: SHELLEY DESAUTELS, CITY CLERK DATE: J U LY 26, 2022 Reviewed by: City Manager: AP SUBJECT: CITY COUNCIL MINUTES OF JULY 12, 2022 RECOMMENDATION Staff recommends that the City Council approve and file the regular City Council meeting minutes of July 12, 2022. PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. Submitted by: Prepared by: Shelley Desautels Jamie Costanza City Clerk Deputy City Clerk Attachment: Draft Regular Meeting Minutes of July 12, 2022 CLAREMONT Page 1 of 1 Printed on 7/21/2022 ATTACHMENT CLAREMONT CITY COUNCIL MEETING MINUTES Tuesday, July 12, 2022 — 6:30 p.m. Meeting Conducted In Person. Video Recording is Archived on the City Website https://www.ci.claremont. ca. us/government/city-counci I/watch-city-counci I -meetings CALL TO ORDER Mayor Leano called the meeting to order at 6:30 p.m. and announced Councilmember Reece will be participating in the meeting remotely. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE - In memory of Tom Deno. ROLL CALL PRESENT COUNCILMEMBER: CALAYCAY, LEANO, MEDINA, REECE, STARK ABSENT COUNCILMEMBER:NONE ALSO PRESENT Adam Pirrie, City Manager; Alisha Patterson, City Attorney; Jamie Earl, Assistant City Manager; Aaron Fate, Police Chief; Brad Johnson, Director of Community Development; Melissa Vollaro, Director of Human Services; Jeremy Swan, Director of Community Services; Shelley Desautels, City Clerk CLOSED SESSION REPORT There was no closed session to report on. CEREMONIAL MATTERS, PRESENTATIONS, AND ANNOUNCEMENTS There were no ceremonial matters, presentations, or announcements. ANNOUNCEMENT OF FEDERAL HOLIDAYS/OBSERVANCES Holidays This Month and Upcoming: Independence Day, July 4t" Labor Day, September 5t" MAYOR AND COUNCIL Council Items — None Council Assignment Reports This item starts at 03:48 in the archived video. Councilmember Stark reported that the City of Claremont has reduced its water usage by 45%. City Council Minutes July 12, 2022 Page 2 Councilmember Medina reported that he and Brad Johnson, Director of Community Development, walked the hotels along the 10 freeway with hopes of coming to resolutions on existing issues. He asked City Manager Pirrie to provide an update on the proposed hotel ordinance as suggested by the Police Commission. City Manager Pirrie responded that the Planning Commission will need to review the proposed hotel ordinance before it can be reviewed by the City Council. Staff will engage all hotels in Claremont to assure that regulations specific to nuisance hotels do not adversely impact hotels that are not engaged in nuisance behaviors. Mayor Leano reported on the San Gabriel Valley Council of Governments review of the Regional Housing Needs Assessment and invited all to participate in the upcoming stakeholder meeting for Tri-City Mental Health. CITY MANAGER REPORT This item starts at 08.24 in the archived video. City Manager Pirrie reported on the City's Monday Night Concert Series as well as the City's Movies in the Park event. He also reported that the City recently released a request for proposals for a diversity, equity, and inclusion evaluation. PUBLIC COMMENT This item starts at 10.26 in the archived video. Mayor Leano invited public comment. Unidentified speakers shared that they are part of the National Alliance on Mental Illness (NAMI) organization dedicated to building better lives for millions of Americans affected by mental illness and look forward to working with the City. Russ Binder encouraged all to listen to his podcast, Claremont Speaks. Linda Mawby raised concern about the housing project proposed by Jamboree and asked the City Council to evaluate the health and safety aspects of the project. Patrick Gallego encouraged youth and adult sports in Claremont. Unidentified speaker spoke in support of safety studies being conducted before any projects are approved by the City. Unidentified speaker spoke in support of a safety study for the Harrison Avenue permanent supportive housing project. Joseph Lyons asked the City Council to review their decision on the Harrison Avenue permanent supportive housing project easement as affordable housing is needed. Larry Schroeder highlighted his letter printed in the Claremont Courier regarding the City's CalPERS unfunded liability. City Council Minutes July 12, 2022 Page 3 Priscilla Espinoza, Claremont Helen Renwick Library, shared upcoming events taking place at the Claremont Library. Sarah Gilman, Claremont resident, expressed disappointment in the City Council's vote regarding the easement for Larkin Place and suggested the item be continued if the meeting runs late into the night. Sumita Pahwa spoke in support of housing and supports the Larkin Place project. Dan Abendschein spoke in support of the Larkin Place project as there is a need for affordable housing in the City. As it has been 30 minutes, the time set aside for general public comment, general public comment was continued later in the meeting. CONSENT CALENDAR This item starts at 45.46 in the archived video. Councilmember Calaycay pulled Item No. 4 from the Consent Calendar. Mayor Leano invited public comment on Consent Calendar Items No. 1-3 and 5-9. There were no requests to speak. Adoption of a Resolution Approving City Warrant Register Adopted Resolution No. 2022-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, dated July 7, 2022. 2. City Council Minutes of June 28, 2022 (Regular) Approved and filed the regular City Council meeting minutes of June 28, 2022. 3. Cancellation of the August 9 and August 23, 2022, Regular City Council Meetings Cancelled the regular City Council meetings of August 9 and August 23, 2022. 4. Resolution Terminating the Proclamation Declaring the Existence of a Local Emergency Related to the Extreme Windstorm on January 21, 2022 (Funding Source: Various) This item was removed from the Consent Calendar. 5. Authorization to Enter Into an Aareement with Dudek Environmental Plannina for Environmental Review Services for a Proposed 56-Unit Multifamily Housing Project Located at 1030 West Foothill Boulevard (Funding Source: Applicant — Olson Urban Housing, LLC) Authorized the City Manager to enter into an agreement with Dudek Environmental Planning to provide environmental review services associated with The Olson Company's proposed project at 1030 West Foothill Boulevard in the amount of $74,230. City Council Minutes July 12, 2022 Page 4 6. Authorization to Amend the Professional Services Aareement with Houseal Laviane to Increase Compensation for Preparation of the 61" Cvcle Housina Element Update (Fundina Source: General Fund and HCD Grants) Authorized the City Manager to execute an amendment to the professional services agreement with Houseal Lavigne, increasing compensation by $35,000, for a total not to exceed amount of $384,947 for the update of the Claremont Housing Element for the 6th Cycle (2021-2029). 7. Participation in Monsanto Class Action Settlement — City of Long Beach, Et Al. V. Monsanto Company, Et Al., No. 2:16-CV-3493-FMO-AS (C.D. Cal.) A. Directed City staff to do nothing at this time, and Claremont will automatically become a Settlement class member; and B. Authorized City staff to prepare and execute any and all documents necessary to participate in the Settlement, including signing a Settlement Agreement releasing Claremont's claims against Monsanto submitting one or more claim(s) for Settlement funds. 8. Authorization to Amend the Existina Contract with First Class Heatina and Air Conditionin Inc., Extending the Term and Increasing Compensation for Heating, Ventilation, and Air Conditioning Maintenance Services (Funding Source: General Fund) Authorized the City Manager to execute an amendment to the existing contract with First Class Heating and Air Conditioning, Inc., extending the term by one additional year through July 25, 2023, and adding $108,275 in compensation for the additional year. 9. Historical Property (Mills Act) Aareement #22-MA01 Between the Citv of Claremont and Jonathan Margrave and Mikaela Ayala, Property Owners of 421 West 7t" Street (Funding- Source- General Fund) Approved the Historical Property (Mills Act) Agreement between the City of Claremont and Jonathan Margrave and Mikaela Ayala, property owners of 421 West 71" Street. Councilmember Stark moved to approve Consent Calendar Items No. 1-3 and 5-9, seconded by Councilmember Calaycay, and carried on a roll call vote as follows: AYES: Councilmember — Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember — None Item Removed from the Consent Calendar 4. Resolution Terminating the Proclamation Declaring the Existence of a Local Emergency Related to the Extreme Windstorm on January 21. 2022 (Fundina Source: Various) This item starts at 46.49 in the archived video. Councilmember Calaycay explained that he pulled the item to share that this is a procedural process and lessons learned from the event will implement future policies and procedures. City Manager Pirrie added that the City has appropriated funding to conduct an urban forest needs assessment and included additional funding in the City budget for tree removal, replacement, and trimming. Mayor Leano invited public comment. City Council Minutes July 12, 2022 Page 5 Jennifer Jaffe spoke in support of the comments made by City Manager Pirrie. There were no other requests to speak. Councilmember Calaycay moved adopt Resolution No. 2022-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TERMINATING THE EXISTENCE OFA LOCAL EMERGENCY RELATED TO EXTREME WINDSTORM. Councilmember Reece added that the City has spoken to Southern California Edison regarding their lack of response during the windstorm and are currently working with them to improve communication. The motion was seconded by Councilmember Stark, and carried on a roll call vote as follows: AYES: Councilmember — Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember — None PUBLIC HEARINGS - None ORDINANCES - None ADMINISTRATIVE ITEMS 10. Second Readina and. Subiect to Voter Approval. Adoption of an Ordinance Callina and Giving Notice of a General Municipal Election to be held on November 8, 2022, on the Proposition of Whether or Not the City Shall Establish a Tax on Cannabis Businesses Engaged in Business in the City of Claremont, and Ordering the Submission of a Measure to the Voters of the City and Adoption of Associated Election Resolutions (Funding Source. General Fund) This item starts at 58.00 in the archived video. Alex Cousins, Community Development Management Analyst, gave a PowerPoint presentation. City Attorney Patterson and Mr. Cousins responded to questions from the City Council regarding suggested topics for an argument and selection of those writing the argument for and/or against. Mayor Leano invited public comment. Megan Mbenque spoke in support of cannabis and raised concern regarding high taxes which may limit medical cannabis use for low-income individuals. Russ Binder questioned if the ballot measure is passed, what will the taxes collected by the City used for. Joseph Lyons spoke in support of medical cannabis and local control of medical cannabis. He also suggested the City Council select two Councilmembers as authors of the argument for. City Council Minutes July 12, 2022 Page 6 There were no other requests to speak. Mr. Cousins and City Attorney Patterson continued to respond to additional questions from the City Council regarding possible State tax waivers for medical use, dedication of taxes towards a specific purpose, tax reductions for low-income persons or those using cannabis for medical needs, and proposed tax range. Councilmember Stark spoke in support of staff's recommendations, including the tax range as written, and suggested City staff reach out to community members most knowledgeable on the subject. Councilmember Calaycay is willing to defer to two other City Councilmembers who wish to write the argument for and asked that the argument for be specific about the tax and provide a framework of what the City may allow in the future. Councilmember Reece spoke in support of the comments made by Councilmember Calaycay and added that the argument for should include topics of local control and taxing deliveries that already come to Claremont. Councilmember Medina spoke in support of the comments made by his previous Councilmembers and would defer to other Councilmembers to create the argument for. Councilmember Stark stated that she is interested in drafting the argument for and agrees the argument should be clear that this gives the City an opportunity to create a framework while collecting tax on deliveries already entering the City. Mayor Leano would like to work with Councilmember Stark on drafting the argument for as he is passionate about the topic. Councilmember Calaycay asked Mayor Leano and Councilmember Stark to keep in mind that they can draft the argument with three community members as well. Councilmember Calaycay moved to: A. Waive further reading and adopt, subject to voter approval, AN ORDINANCE OF THE PEOPLE OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 4.20 (CANNABIS BUSINESS TAX) TO TITLE 4, OF THE CLAREMONT MUNICIPAL CODE ESTABLISHING A TAX ON CANNABIS AND HEMP BUSINESSES ENGAGED IN BUSINESS WITHIN THE CITY OF CLAREMONT; B. Adopt Resolution No. 2022-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, CALLING FOR THE PLACEMENT AND CONSOLIDATION OF ONE MEASURE ON THE BALLOT FOR THE TUESDAY, NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION SEEKING TO ESTABLISH A TAX ON BUSINESSES WHICH SELL, DISTRIBUTE, MANUFACTURE, AND CULTIVATE CANNABIS, INCLUDING INDUSTRIAL HEMP AND HEMP PRODUCTS IN THE CITY OF CLAREMONT; and C. Adopt Resolution No. 2022-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND ESTABLISHING A PROCESS FOR FILING WRITTEN ARGUMENTS AND REBUTTAL ARGUMENTS REGARDING THE MEASURE ON THE BALLOT FOR THE TUESDAY, NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION SEEKING TO ESTABLISH A TAX ON CANNABIS AND HEMP BUSINESSES ENGAGED IN BUSINESS WITHIN THE CITY OF CLAREMONT, City Council Minutes July 12, 2022 Page 7 and selecting Mayor Leano and Councilmember Stark to draft and file the written argument for and possible rebuttal, allowing them to use their official titles; Seconded by Councilmember Stark and carried on a roll call vote as follows: AYES: Councilmember — Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember — None Councilmember Calaycay moved to appropriate $75,000 from the unassigned General Fund balance to fund the cost of the placement and consolidation of the Cannabis Business Tax Ordinance on the November 8, 2022, General Municipal Election and to conduct the appropriate community outreach, seconded by Councilmember Stark, and carried on a roll call vote as follows: AYES: Councilmember — Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember — None The City Council recessed at 8.10 p.m. The City Council reconvened at 8.17 p.m. 11. City Council Reconsideration of the Temporary Increase in the Size of the Police Commission from Seven to Nine Members This item starts at 1.47.36 in the archived video. Mayor Leano highlighted the staff report. City Manager Pirrie, City Clerk Shelley Desautels, and Captain Ciszek responded to questions from the City Council regarding the process of combining the Human Services and Community Services Commissions, term limits of Commissioners, policy for removing a Commissioner, possibility of serving shorter terms, Pomona Police Commission size and population of Pomona, Los Angeles County Sheriff Commission size and population served, staggered terms, process for filling a vacancy, and staffing impacts to support a nine - member body. Mayor Leano invited public comment. Noah Winnick urged the City Council to keep the Police Commission a nine -member body as it allows for a diverse and representative commission. Chris Naticchia spoke in support of a nine -member body as it is a value to the community. Joseph Osborn, Claremont resident, spoke in support of a nine -member body and spoke in support of reappointing Police Commissioners Margiotta and Mohamad. Mike Boos spoke in support of reappointing Police Commissioners Margiotta and Mohamad. Christine Margiotta urged the City Council to keep the Police Commission a nine -member body and reappoint Police Commissioners Margiotta and Mohamad to a four-year term. Jim Keith believes the Police Commission should return to a seven -member body while reappointing Commissioners Margiotta and Mohamad. City Council Minutes July 12, 2022 Page 8 Joseph Lyons spoke in support of continued diversity on the Police Commission. Alicia Brady spoke in support of keeping the Police Commission a nine -member body as Commissioners Margiotta and Mohamad have been integral. Josue Barnes spoke in support of a nine -member Police Commission as it allows for diversity on the Commission and betters the Commission. Medina Senghore spoke in support of a nine -member Police Commission and asked that Commissioners Margiotta and Mohamad be reappointed. Eric Griswold reminded all that the Police Department makes up 50% of the City's budget and spoke in support of recording Police Commission meetings. Phalana Tiller spoke in support of reappointing Commissioners Margiotta and Mohamad as they have helped the Commission provide diversity and equity to the Commission. There were no other requests to speak. City Clerk Desautels, City Manager Pirrie, and Captain Ciszek continued to respond to questions from the City Council regarding the number of applicants interested in the Police Commission, terms of current Police Commissioners, Police Commission ad hoc members, the City's equity, diversity, and inclusion audit, and geographic diversity of Commissions. Councilmember Calaycay suggested the Police Commission be reduced to eight members at this time by not filling the upcoming August vacancy and allow all eligible Commissioners the opportunity to serve. He would like the Commission to return to a seven -member body when another vacancy occurs. Councilmember Medina spoke in support of Councilmember Calaycay's suggestion that the Commission return to a seven -member body when a vacancy occurs. Councilmember Stark suggested leaving the Police Commission a nine -member body as the work of the Police Commission ad hocs has not ended; however, is willing to support Councilmember Calaycay's suggestion. Mayor Leano agrees there has been value to a nine -member Commission but is open to reducing the size back to a seven -member Commission. Councilmember Reece would like the Police Commission to return to a seven -member body; however, would be willing to support Councilmember Calaycay's suggestion. Councilmember Calaycay moved to direct staff to prepare the necessary City Council resolution to allow for the extension of the temporary appointment of two additional Police Commissioners; reduce the size of the Police Commission to eight by not filling the upcoming August 31, 202Z term -end vacancy; and when another vacancy occurs, do not fill that vacancy, thereby returning the composition of the Police Commission to a seven -member body, seconded by Councilmember Reece, and carried on a roll call vote as follows: AYES: Councilmember — Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember — None City Council Minutes July 12, 2022 Page 9 CONTINUED PUBLIC COMMENT This item starts at 3.08.49 in the archived video. Braulio spoke in support of a safety study for the Harrison Avenue permanent supportive housing project. Erik Griswold spoke against the Harrison Avenue permanent supportive housing project and expressed concern regarding the lack of notice to the community. Josue Barnes asked the City Council to educate the community about those who may be housed at the Harrison Avenue permanent supportive housing project as those residents must not be discriminated against. Daniel Moreno spoke in support of a safety study for the Harrison Avenue permanent supportive housing project. ADJOURNMENT Mayor Leano adjourned the meeting of the Claremont City Council at 9.50 p.m. The next regular meeting of the Claremont City Council will be held on Tuesday, July 26, 2022, at 6.30 p.m., in the Claremont Council Chamber. Mayor ATTEST: Deputy City Clerk