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CC - 04-14-09Minutes of the REGULAR CITY COUNCIL MEETING April 14, 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 Tern Taylor INVOCATION: Council Member Armenta PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: Interim City Manager Stewart, Interim City Attorney Montes, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. 1. PRESENTATIONS A. Proclamation for DMV/Donate Life California The City Council presented a proclamation for the DMV/Donate Life California to their representative of the organization. The representative thanked Council and stated that as a resident of Rosemead she knew how important it was to be a donor. She stressed how important this issue was and added that 20,000 people in California alone are waiting for organ transplants. B. Proclamation for Safety Seat Checkup Week Mayor Clark read the proclamation for the Safety Seat Checkup event. There was no one in the audience to receive the proclamation and the Mayor direct staff to forward it to the appropriate organization. 2. PUBLIC COMMENT FROM THE AUDIENCE Mayor Clark introduce new Interim City Manager Jeff Stewart. Wing Lu - stated he lived on Wilmor Street south of Emerson Park; he stated that three months ago they had put a fence next to the tennis courts and City vehicles were parked there but that lately he had seen personal cars there and they blocked off the walking path that circles the park. Rosemead City Council Meeting Minutes of April 14, 2009 Page 1 of 11 City Manager Stewart stated he would look into that matter and call him tomorrow. Chuck Lyons - stated he wanted to follow up on a request he had made on October 280 2008 regarding replacing a light bulb on Rose Street, which needed to be brighter. Also asked the City to consider trimming a few trees along Encinita so that the lights can shine further into the park; he added that after 5 months of his request nothing had been done to resolve his concerns. Mayor Clark asked staff if anyone remembered receiving these requests City Manager Stewart stated he would take care of the matter. Vella Navarro - addressed Council and stated she wanted to talk about some issues that had happened to her personally that had her perturbed. She stated that during a Council meeting Council Member Low had expressed to her that she wanted to meet regarding some issues and she had stated it she did not want to meet with Mrs. Low one on one but rather discuss the issues during an open council meeting. Council Member Low stated she had because she just wanted to extend her services and talk to her because often times she feels she is being attack by Mr. Navarro and felt that it was just a communication problem. Ms. Navarro - responded that she did not feel she had attacked Mrs. Low; she continue to say Mrs. Low had approached her during the new Council Member's victor ceremony and had stated to her to please promise to be nice and felt it was very inappropriate for Mrs. Low to do that. Cristal Chavez - founder of the Chavez foundation addressed the City Council and informed them about her organization. Juan Nunez - informed Council regarding some graffiti he saw on the wash west of San Gabriel. Also addressed the Rosemead resources of Ramona Boulevard Beautification project and asked if the dumpsters that are there can be placed elsewhere. 3. CONSENT CALENDAR B. National League of Cities Green Cities Conference and Expo The National League of Cities Green Cities Conference and Expo will be held on April 18-21, 2009 in Portland, Oregon. Recommendation: That the City Council authorize the attendance, at City expense, any Council Member, City Attorney, City Manager and staff designee. C. Approval of License Agreement with the Rosemead Youth Association for the use of the Garvey Park Snack Bar For many years, the Rosemead Youth Association, a youth baseball organization, Rosemead City Council Meeting Minutes ofApril14, 2009 Page 2 of 11 has utilized the Snack bar at Garvey Park during their baseball season as type of a fundraiser and service tot eh Park patrons. They are requesting that they be allowed to operate it again from March 1, 2009- June 30, 2009. Recommendation: That the Rosemead Youth Association be allowed to operate the Snack Bar at Garvey Park and that the Mayor be authorized to execute the attached License Agreement Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to approve the Consent Calendar with the exception of Items A, D, and E. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None A. Resolution No. 2009-16 Claims and Demands Recommendation: Adopt Resolution No. 2009-16, for payment of City expenditures in the amount of $712,619.87 numbered 100204 through 100253 and 65666 through 65767. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009.16. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Renewal of License Agreement with SCE for Klingerman Park Klingerman Park is located just east of Walnut Grove on Klingerman Street. The property is owned by Southern California Edison (SCE), which leases the property to the City for the use as a park. Recently, staff negotiated a five year extension of the lease with SCE for use of the property as a park. The proposed lease agreement will cost the City $100 a year, and is for a five year term which expires the last day of December, 2013. Recommendation: That the City Council approved the License Agreement with Southern California Edison Company for the use of Klingerman Park and authorize its execution by the Mayor. Rosemead City Council Meeting Minutes ofAprid 14, 2009 Page 3 of 11 Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Sandra Armenta, to approve the License Agreement with Southern California Edison Company for the use of Klingerman Park. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Del Mar Avenue Resurfacing Project -Approval of Plans/Specifications and Authorization to Solicit Bids As part of the City's Fiscal Year 2008-2009 Capital Improvement Program, the City Council approved a program entitled, "Del Mar Avenue Resurfacing", which consists of asphalt concrete overlay, sidewalk repairs, traffic striping, signage installation, curb ramps construction, traffic signal upgrades and appurtenances. The limits of this project are from Garvey Avenue to Highcliff Street. Proposition C funds were allocated for this program. Recommendation: That the City Council: 1. Approve the plans and specifications for the Del Mar Avenue Resurfacing Project. 2. Authorize staff to advertise for bids for this project to complete the improvement project. Juan Nunez - stated he had questions because Del Mar is in worse conditions on north of Garvey than it is on south of Garvey and asked if any property would be taken away. Mayor Clark stated no and it would only be resurfacing. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Polly Low, to approve staff recommendations regarding Del Mar resurfacing project. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF None Rosemead City Council Meeting Minutes of April 14, 2009 Page 4 of 11 5. MATTERS FROM MAYOR & CITY COUNCIL A. Modify Format of City Council and Community Development Commission Meeting Minutes to "Summary Minutes" Mayor Pro Tern Taylor has requested that staff engage in the process of modifying the format of the City of Rosemead City Council and Community Development Commission meeting minutes from "action minutes" to "summary minutes". In addition, Council Member Polly Low has requested that City Council discuss and establish a policy regarding summary and verbatim minutes. Recommendation: That the City Council provide staff with further direction. Brian Lewin - asked if at this time there was something in place regarding verbatim minutes; stated he thought minutes should be in the middle between action minutes and summary minutes. He stated that as a tax payer and voter he did not think staff should waste time by typing verbatim minutes and didn't think it was fair because what happens if all speakers requested that their comments be typed verbatim. Mayor Pro Tem Taylor stated it that on a few occasions when there are certain public hearings it is necessary to type the minutes in verbatim format but his intent was not to make all the meetings verbatim minutes. Juan Nunez - stated he thought verbatim minutes were good because that way you could read what one person said and another person said. Mayor Pro Tem Taylor stated that was what Council was primarily trying to do; when a specific item when it comes up the conversation needs to be, to follow the continuity and the integrity of that conversation that would be a time where the conversation would be typed verbatim. Gabriel Vicardio - stated he thought the summary minutes would be best he has sat through meetings online that were 3 hours long and thought picking up the minutes and reading them would be much faster. He also congratulated the City for the Yard Sale and thanked Jean and the staff for doing a good job. Vella Navarro - wanted to let Council know that on April 13, 2009 Council Member Polly Low had gone to her house looking for her and had met with one of her family members and asked them various questions regarding Ms. Navarro, such as, when she would be getting home and why Ms. Navarro was mad at Mrs. Low. She asked if it was common practice for Council to meet with residents after someone had made a public comment that they did not want to meet with them one on one. She added that she felt she was being stalked and was frighten for herself and her family. Stated that this is why verbatim minutes were very important because of issues like this. Rosemead City Council Meeting Minutes of April 14, 2009 Page 5 of I I Council Member Low stated she does have a tendency to work with residents and there are times when she will go to residents' houses and try to resolve certain issues and has done that in the past with other residents. Mayor Pro Tem Taylor stated that Mrs. Low was not a stalker; all she is doing is trying to find solutions but she has learn something from this, she is not going to do it again. Council Member Ly stated he would like to move from action minutes to summary action. Council Member Low stated she did not have a problem doing so but there had been occasions when council members had gone to the City Clerk's office and asked that certain things be put in the minutes. Asked that if they go back to summary minutes that the city clerk be allowed to do her job and be unbiased and do the summary minutes and then if Council has a concern it can be discussed during the council meeting. Mayor Pro Tem Taylor stated he had gone to the city clerk and asked her to put his statements verbatim because he was subjected to the lawsuit of going to the Grand Jury and the District Attorney. He added at that time the statements needed to be verbatim because he was headed to an investigation. Council Member Low clarified that the motion was to change from action minutes to summary minutes. Mayor Clark stated she had worked with previous clerks and they had always appreciated her for proof reading the minutes and catching typos so that is not done at the meetings. Council MemberArmenta stated she also agreed with changing back to summary minutes because the residents had every right to see what they said on items they speak on. Interim City Attorney made a clarification that the clerk was in charge of drafting the minutes and the council was in charge of approving the minutes. Stated that if the council were going to make modifications to the minutes prior to the council meeting the clerk had to be careful not to share the changes other council members had made due to a possible brown act violation. He added that the public is allowed to suggest changes but they were not in charge of approving the minutes. Council Member Ly made a motion, seconded by Council Member Sandra Armenta, to change the format of the minutes from Action Minutes to Summary Minutes. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of April 14, 2009 Page 6 of 11 B. Mayor's Appointments for 2009.2010 Each Year, a listing of City Council Member appointments to a variety of regional and state committees and boards is prepared and submitted by the Mayor. To assist the Mayor, it was requested that members of the City Council complete the "Mayor's Appointments for 2009-20010" form listing each individual's preference for the particular committees and boards. The Mayor will be submitting her form by Monday, April 13, 2009, and will be made available to the public at the same time it is made available to the City Council. Recommendation: That the City Council approve the Mayor's Appointments for 2009-2010. Council Member Low asked staff to please forward the dates and times for the meetings. LEAGUE OF CALIFORNIA CITIES Delegate: Sandra Armenta Alternate: Margaret Clark WSGV PLANNING COMMITTEE Delegate: Polly Low Alternate: Steven Ly - CALIFORNIA CONTRACT CITIES ASSN. Delegate: Sandra Armenta Alternate: Steven Ly LA COUNTY SANITATION DISTRICT Delegate: Margaret Clark Alternate: Sandra Armenta LEAGUE OF CA CITIES LEGISLATIVE DELEGATE PROGRAM Delegate: Steven Ly Alternate: Sandra Armenta SGV COUNCIL OF GOVT Delegate: Margaret Clark Alternate: Steven Ly SO. CALIF. JPIA Delegate: Gary Taylor Alternate: Sandra Armenta COALITION FOR PRACTICAL REGULATION Delegate: Margaret Clark Alternate: Polly Low Rosemead City Council Meeting Minutes of April 14, 2009 Page 7 of I I CITY SELECTION COMMITTEE Delegate: Margaret Clark Alternate: Polly Low SO. CALIF. ASSN. OF GOVT. Delegate: Sandra Armenta Alternate: Margaret Clark LA AREA INTEGRATED WASTE MANAGEMENT AUTHORITY Delegate: Steven Ly Alternate: Sandra Armenta UPPER SGV WATER DISTRICT Delegate: Steven Ly Alternate: Margaret Clark OVERSIGHT COMMITTEE Delegate: Polly Low Alternate: Gary Taylor SGV MOSQUITO & VECTOR CONTROL DISTRICT Delegate: Bob Bruesch Mayor Pro Tern Taylor made a motion, seconded by Council Member Steven Ly, to approve the above mentioned Mayor's appointments for 2009-2010. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. Resolution Supporting El Monte Cemetery Association's Application for Designation of Savannah Cemetery as a California Historical Landmark Savannah Cemetery has been an integral part of the Rosemead community and its environs since the early 1850's. It serves as the final resting place of several of Rosemead's pioneering families and American veterans who have served the nation since the War of 1812. The El Monte Cemetery Association has been advocating for the cemetery's designation as a historic site for many years. The Association is again submitting its application to the State of California and has asked the cities of Rosemead and El Monte to adopt resolutions in support of their application. Recommendation: That the City Council adopt Resolution No. 2009-19 supporting the El Monte Cemetery Association Application for designation of the cemetery as a California Historical Landmark. Mayor Pro Tern Taylor made a motion, seconded by Council Member Polly Low, to approve Resolution No. 2009.19. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Appointment of a City Council Subcommittee to Discuss Mixed-Use Guidelines On March 24, 2009, the City Council adopted urgency Ordinance No. 873 (Attachment A) prohibiting the approval of applications for land use entitlements for mixed-use commercial and residential developments for a period of 45 days. (That Ordinance will expire by its terms on May 8, 2009.) Mayor Clark has requested that a follow-up item be agendized to further discuss the direction of the City Council with regard to all future mixed-use development projects and projects that are currently in the development process but have not yet received an entitlement. Rosemead City Council Meeting Minutes of April 14, 2009 Page 8 of 11 While there are several options available to the City Council to address future mixed-use development in Rosemead, at this time, the City Council may want to consider appointing a sub-committee consisting of two (2) City Council members and staff to discuss these options and make recommendations to the full City Council. They include, but are not limited to the following: 1. Amend the Land Use Element of the General Plan to prohibit residential/commercial mixed-use development in the City; 2. Amend the Land Use Element of the General Plan to allow for residential/commercial mixed-use development in certain areas of the City and authorize staff to prepare mixed-use development standards; 3. Leave the current Land Use Element of the General Plan as is and authorize staff to prepare mixed-use development standards. It should be noted that that if the City Council elects to amend the General Plan to either prohibit residential/commercial mixed-use development or allow for it in certain areas in the City, the General Plan amendment process will take several months and may require the expertise of an outside consultant to prepare the amendment and a detailed environmental analysis pursuant to the California Environmental Quality Act (CEQA). It is estimated that an amendment to the Land Use element (but not including the development of mixed-use development standards) will cost approximately $35,000 (including any required environmental analysis). Recommendation: That the City Council provide further direction related to processing all current and future residential/commercial mixed-used projects Brian Lewin - stated he hoped that Council would be taking staffs recommendation and hoped that Council kept the mix-use. He requested that Council Member Low be put on this committee and also a member of the planning commission because they approve the general plan unanimously and they would all be familiar with it. In regards to the density issue he suggested that maybe it should be lowered to a medium density and/or possibly when the zoning was reviewed Council could increase the parking requirements. 6. CLOSED SESSION A. Conference with Legal Counsel 1. Government Code 54956.9(6): Potential Litigation - Claim from County of Los Angeles dated March 12, 2009 related to NRDC v. County of Los Angeles. Rosemead City Council Meeting Minutes of April 14, 2009 Page 9 of 11 7. ADJOURNMENT The next regular City Council meeting is scheduled to take place on April 28, 2009 at 7:00 p.m. Council Member Sandra Armenta made a motion, seconded by Council Member Polly Low, to appoint Mr. Gary Taylor as Mayor Pro Tern of the City of Rosemead. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 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 8. MATTERS FROM MAYOR & CITY COUNCIL 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 City Council Meeting Minutes ofApril 14, 2009 Page 10 of 11 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. ,f 16 e~~~ CZAAk~ Margaret CIA Mayor AT ST: oria Molleda, City Clerk Rosemead City Council Meeting Minutes of April 14, 2009 Page 11 of]] STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from April 14, 2009, were duly and regularly approved and adopted by the Rosemead City Council on the 23~d of June 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None u n, Gloria Molle a City Clerk