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CC - Item 3A - Minutes 03-24-09Minutes of the REGULAR CITY COUNCIL MEETING March 24, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:05 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tem Nunez INVOCATION: Mayor Tran PRESENT: Mayor Tran, Mayor Pro Tern Nunez, Council Council Member Taylor. OFFICIALS PRESENT: City Manager Chi, City Council'M Assistant City Manager Hawkesworth, Director of Finance Montgomery-Scott, Economic Development Administrator Marcarello, and City Clerk Molleda. 1. GENERAL ELECTION MATTERS A. the Fact of, the Results the General Required by Law Election held March 3, On March'17,'2009,.the City-Clerksoffice conducted the manual tally as required r'. by the California Elections Code :and signed the Certification of Canvass of election returns. 'On the same day the City Clerk's office received a request for a Manual Recount of the March 3, 2009 General Municipal Election. The recount was conducted on March 19, 2009 and a new Certification of Canvass of election returns was signed declaring the final results. Resolution No. 200918 which declarers the official results of said election is submitted to City Council for approval. Recommendation: The City Council approve Resolution No. 2009-18, which recites the fact of the General Municipal Election held on March 3, 2009, declares the results and such other matters as provided by law. Certification of the results of the election to the City Council. Mayor Tran stated he wanted to congratulate the new Council Members; he knew they all wanted to make the city and the community better a better place. With that he excused himself and stated he would not vote on this item due to possible conflict of interest. Member Low, and City Manager Saeki, of Parks-and Recreation Deputy Public Works Officer Rosemead City Council Meeting Minutes ofMarch 24, 2009 Page l o.0 Council Member Taylor stated that he respected the fact that Mr. Tran would recuse himself but that the court had ordered earlier today that the election would stand as is. Mr. Tran left the dais. Mayor Pro Tem Nunez stated he was ready to entertain a motion for Item 1A. Council Member Polly Low made a motion, seconded by Council Member Gary Taylor, to approve Resolution No. 2009.18, which recites the fact of the General Municipal Election held on March 3, 2009 and declares the results and such other matters as provided by law.. Vote resulted in:~\ Yes: Clark, Nunez, Low, Taylor No: None , r Abstain: Tran Absent: None B. Administration of the Oath of Office and issuance.of Certificates of Election. Tim Clark - approached the podium to administ( Clark: Well Maggie with the dilemma or my dilem mom or should I call you Maggie? Mom I'm pr`ou before have I seen in the/18.years'that you've se you received from your;oppositioh. There were f. seen before but sucliis<the nature of working in t way you've ever had in your life ,in,this area and I kept your campaign: sticking to.the,issues and~Cw ,Oath of Office to Council Member Margaret o address youn'this way; should I call you you for.the campaign that you ran and never as a councilwoman the type of attack that accusations and attacks that I had never ld,and you faced it probably in the hardest fto say that I'm proud of you; because you to congratulate you mom. It is with' great honor thatal have been given;this deputize service to be able to install you as our eturn`in`g Councilwoman foriRosemead :Mr. Clark then administered the oath of Office to Council Member Clark`,.Mrs. Clark signed the Oath of Office and was then seated back at the dais. Julie Duong - approached the'podium to administer the Oath of Office to candidate elect Steven Ly: Alright Steven, Vdon!t•have a fancy speech prepared for you but I just have to tell you that I and everyone else in tliis,room are very proud of you. a Mr. Ly stated that Julie Duong had been his best friend since Th grade. Ms. Duong then administered the Oath of Office to Council Member Ly. Mr. Ly signed the Oath of Office and was seated on the dais. Joanne Zuniga - approached the podium to administer the Oath of Office to candidate elect Sandra Armenta. Ms. Armenta's cousin stated that she spoke on behalf of their family and friends and stated they were very proud of Sandra. Rosemead City Council Meeting Minutes o/March 24, 2009 Page 2 of 9 Ms. Zuniga then administered the Oath of Office to Council Member Armenta. Ms. Armenta signed the Oath of Office and was seated on the dais. City Manager Chi announced that before any presentation the City Council Reorganization will be held first. 3. CITY COUNCIL REORGANIZATION This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively.r A. Appointment of Mayor - City Clerk Presiding City Clerk Molleda asked if there were any nominations forihe nett Mayor of the City of Rosemead. i Council Member Ly stated he would like to nominated ac years she has defended the interest of the City and consi by the people, since she was the highest.vote getter, that next four years and Mayor; I nominate Margaaret Clark. Council Member Taylor stated he would like tb~second°ttiati Council Member Armenta,stated"she will also supp the & the fought we had during this campaigned she showed how City. Council Member;Low.stated tha agree on bul she`respects,her a Clark ar4will continue tryir g,to Council Member Steven Limy appoint Mrs Margaret Clark+a Yesrmenta, No: None Abstain: None Absent: None s; 1 think for tKie last two for the City and has proven to be on the Council for the nination; I see her as a mentor, and how much she loves the orkedwith Mrs. Clark, yes there are issues they don't she cares about the City. Is willing to work with Mrs. City better. fe a motion, seconded by Council Member Gary Taylor, to Mayor of the City of Rosemead. Vote resulted in: Clark, Low, Ly, Taylor Mayor Clark thanked everyone for their kind words and for joining them tonight on such a special night. Mrs. Clark stated they will try and do their best to live up to the pledges they had just taken. Rosemead City Council Meeting Minutes ofMarch 24, 2009 Page 3 of 9 B. Appointment of Mayor Pro Tem - Newly appointed Mayor Presiding Council Member Armenta nominated Council Member Gary Taylor as the next Mayor Pro Tem. She added Mr. Taylor has worked very hard in the position of Council Member, when she worked in Parks & Recreation, she remembers him always fighting for the residents rights and always making sure the residents were heard. She stated she new Mr. Taylor would work hard in bringing the community back together and making the community one Rosemead. Council Member Low stated she respected Mr. Taylor and knew he came from a very good place and she knew he cares about the budget because he questions every penny the city spends. Ms. /1 11 - Low added they didn't agree on everything but knew they had to hear each other out and stated she trusted Mr. Taylor. Council Member Ly stated he supported his colleagues' with Mr. Taylor and also have him be the next Mayor Pr Council Member Sandra Armenta made a mol to appoint Mr. Gary Taylor as Mayor Pro Tem Yes: Armenta, Clark, No: None Abstain: None Absent: None Mayor Pro Tem Taylor the best he can and Mi Council Member Low supported the,new cc Ly, Taylor can be honored to work lefty Council Member,Polly Low, of Rosemead. Vote resulted in: Oland stated he will continue to do on the issues, ment; obviously many people had them. Mrs. Low thanked Mr. Tran, Mr. Nunez ancI Garve'y`SchooLMember'Mr. Lo for their participation during the election process. She added.all six candidates were deeply: Passionate about making the City of Rosemead a better place"and thanked Mr. Tran,and Mr. Nunez once again for putting the City back on the map and bringing new ideas. She added'it had'6een speculated she would be the lone voter but said the council meeting;was not a battlefeld or a place where you win or loose; it is a place for the council members to workdogether andreome up with the best policies for the City of Rosemead. Mrs. Low concluded by welcoriing,to'Council Ms. Armenta and Mr. Ly and welcoming back Mrs. Clark. )r' C. Mayor's Committee Appointments for 2009-2010 Mayor Clark stated she only had one request tonight regarding the Mayor's committee appointments and it was that she wanted to be in the San Gabriel Valley Council of Governments because the committee would be having a meeting before the City Council meets again. Mayor Pro Tem Gary Taylor made a motion, seconded by Council Member Steven Ly, to appoint Mayor Clark to the San Gabriel Valley Council of Governments. Vote resulted in: Rosemead City Council Meeting Minutes o.fMarch 24, 2009 Page 4 q(9 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 2. PRESENTATIONS A. Plaque of Appreciation - Mayor Tran Mr. Tran was not present to receive the plaque of appreciation. B. Plaque of Appreciation - Mayor Pro Tern Nunez Mayor Clark presented the plaque of appreciation to Mr. Nunezz Mr. Nunez thanked all his supporters, all the people in the room, and all the staff forall.their°support and the help he received in the past four years. Mr. Nunez stated that when they fist came in to the ci't'yfour years ago there were a lot of changes that needed it to be made,and he feltjhat in the last two:years they had ; he ne,wcouncil;members. done a good job and had now set a blue print for t e The following representatives congratulated the new and outgoing council members and presented plaques and certificates: • Mr. Phuong Ly of Assembly Mike Eno's Offoe: ;r • Fred Mescado and Ron Escovel of the Rosemead'School=District • Benjamin Frank Venti; M chell Ing, Betty Chu, and Anthony Wong of City of Monterey Park City Council ~S • Representative of Senator Gil Cedillo's Office Roll Call wa taken. =.r PRESENT: Mayor Clark, Mayor Pro`T~em.Taylor, Council Member Armenta, Council Member Low, and'Cou ncihMember Ly. 4. PUBLIC HEARING A. Interim Ordinance No. 873 to Prohibit the Approval of mercial Mixed Use Projects Recently, it was requested that staff explore the possibility of drafting an interim urgency ordinance prohibiting the approval of residential/commercial mixed-use projects for City Council consideration. As the City Council may recall, an updated General Plan was approved on October 14, 2008 that changed the land use designations along the major arterials in Rosemead to allow for mixed-use residential/commercial development. Although the updated General plan currently allows for high density residential Rosemead City Council Meeting Minutes of March 24. 2009 Page 5 of 9 mixed-use development, the City's current Zoning code does not adequately address appropriate development standards for these types of projects. Developing such standards is a time consuming process and involves input form the City Council, the Planning Commission, and the community. Such a factor warrants City Council consideration of an interim urgency ordinance which would prohibit the approval of residential/commercial mixed-use projects that have not already received a land use entitlement from the City. Approval of Ordinance No. 873 by a four-fifths vote would prohibit approval of any entitlements for mixed-use projects for a period of 45-days. Recommendation: The City Council Introduce and conduct the first reading (by title only) of a City Council Ordinance, and adopt, as~an urgency measure pursuant to California Government Code section 65858 (b)'Ordinance No. 873 entitled "An urgency interim ordinance of.the`City'Council of the,City of Rosemead, California, prohibiting the approval of,applications for land use entitlements for mixed-use commercial and residentia[developments." City Manager Chi reviewed the staff report. Mayor Clark opened the public hearing and 7:52.p.m, and there no,'public comment, the public hearing was closed at 7:53 p.m. Mayor Pro Tern Gary Taylor made a motion; segorided by,Couricil Member Sandra Armenta, to adopt urgency interim, Ordinance No. 873.\Vote resulted in: Yes:~Armenta, Clark, Low, Ly, Taylor. No: None .Abstain: None Absent: None ' 5. PUBLIC,COMMENT FROM THE AUDIENCE Benita Duran,.District Director of the 32nd Congressional Office - wanted to extend an invitation to their seminar regarding foreclosure prevention. Ms. Duran also gave flowers to Mayor Clark and congratulated and welcomed'her back to the home where she belongs. Raquel Torres Morales- first congratulated the new council members; she stated she was the mother of Private Morales and asked the City Council for their support of the military. She stated she has driven through other cities and has seen how they honor their military by displaying banners of them and asked that the City of Rosemead do the same. Velia Navarro - congratulated the new council members and stated she want to start out on a new positive note; hopes that the new council and the old council will work in unity and with diligence. She added that she knew the people were not always going to get their needs met but asked Council to listen to them. Rosemead City Council Meeting Minutes of March 24, 2009 Page 6 of 9 6. CONSENT CALENDAR A. Minutes December 16, 2008-Adjourned Meeting January 13, 2009 - Regular Meeting B. Resolution No. 2009-13 Claims and Demands Recommendation: That the City Council adopt Resolution No. 2009-13, for payment of City expenditures in the amount of $1,295,558.20 numbered 100166 through 100203 and 65524 through 65665. C. Second Reading of Ordinance 872 to Ame4Contracf with CalPERS to Exclude Administrative Interns from.CaIPERS Membership, , The City Council approved the first reading of Ordinance 872 on March 10, 2009, which amends the contract with CaIPERS.io exclude"administrative' Interns from CaIPERS Membership. Recommendation: That the,CiyCouncil adopt Ordinance 872 authorize the amendment of the Contract with CalPERS. 'r Council Member Low asked that the Minutes for December 16,2008 be pulled from the Consent Calendar. ~t Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to approve the Consent Calendar with the exception of the December 16, 2009 minutes. Vote resulted in`. Yes: Armenta; Clark;,Low, Ly No: Taylor Abstain: None` Absent: None A. Minutes December 16, 2008 - Adjourned Meeting Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve the December 16, 2009 minutes. Vote resulted in: Yes: Armenta, Clark, Ly No: Taylor Rosemead City Council Meeting Minutes of March 24, 2009 Page 7 of 9 Abstain: Low Absent: None Ana Torres - representing Park Monterey, stated she wanted to congratulate the new council members and said they were looking forward to work with them. MATTERS FROM CITY MANAGER & STAFF A. Interim City Attorney Agreement On March 19, 2009, staff received a letter of resignation from,City Attorney Bonifacio Garcia of Garcia, Calderon, & Ruiz. While the City Council determines how to fill the'position permanently, staff recommends that an agreement for Interim City Attorney Services be finalized with Joe Montes of Burke, William, & Sorenson, LLP. ` After discussing the matter with Mr. Monies, a proposed agreement was drafted for City Council consideration. Recommendation: That it e City Council appiove the agreement for Interim City Attorney Services and authorize 'the City Manager'to execute any and all documents associated with this matter.- City Manager Chi reviewed"the staff,report. ' Council Member Steven Ly made a'motion, seconded by Council Member Polly Low, to approve the agreement for.the Interim City Attorney Services. Vote resulted in: Yes: Ar'menta; Clark, Low,'Ly- No: None' Abstain: Taylor Absent: None 8. MATTERS FROM.MAYOR'& CITY COUNCIL `f. Council Member Steven Ly asked staff to look into drafting a resolution in support of having the Savannah Cemetery become a historical landmark. Mayor Pro Tem Gary Taylor asked staff to put on next agenda a report to go back to summary minutes. Council Member Polly Low asked staff to put on the next agenda a report regarding how Council wants to handle the minutes and how they would handle verbatim requests. Rosemead Citv Council Meeting Minutes ofMarch 24, 2009 Page 8 of 9 9. ADJOURNMENT The meeting adjourned at 8:07 p.m. The next regular City Council meeting is scheduled to take place on April 14, 2009 at 7:00 p.m. Margaret Clark Mayor ATTEST: Gloria Molleda, City Clerk ~ r 1 r' t J: \ a: 4ti, ` . i Rosemead City Council Meeting Minutes of March 24, 2009 Page 9 of 9