Loading...
CC - Item 7A - Minutes 08-11-09Minutes of the REGULAR CITY COUNCIL MEETING August 11, 2009 The regular meeting of the Rosemead City Council. was called to order by Mayor Clark at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Clark INVOCATION: Mayor Pro Tern Taylor PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Arme(nta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant CityVMa6ager Hawkesworth, City Attorney Montes, Community Development Director Saeki, Director of Finance.Brisco, Director of Parks andRecreation Montgomery-Scott, Economic Development AdministratooCRamirez, Deputy Public Works Directof Marcarello, and City Clerk Molleda. 2. PUBLIC HEARINGS A. Extension of Urgency Ordinance No 877 to Prohibit Approval of Applications for Medical Marijuana Dispensers On June 30,,2009, pursuant to Government Code S~`ection 65858, the Rosemead City Council enacted Urgency Ordinance No. 877, which imposed a moratorium on the approval of applications for land use entitlementsfor medical marijuana dispensaries for a period 45 days. During this 45-day-period, staff has begun to compile and study the substantial health and safety issues; as.well as the inconsistencies between State law and Federal law, regarding,the approval of and location.of medical marijuana dispensaries. The limited 45- f% day period has not provided a sufficient amount of time to address the potential adverse impacts that such a use4may,,present if left unregulated. Therefore, such factors warrant the City Council's`'consideration.of the,adoption of Urgency Interim Ordinance No. 879 to extend Urgency" Interim,'Or f dinance No. 877 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council introduce (by title only) and adopt, as an urgency measure pursuant to California Government Code Section 65858 (b) Ordinance No. 879 entitled"An-Urgency Interim Ordinance of the City Council of the City of Rosemead, California,'continuing the provisions of Ordinance No. 877 for a period of ten (10) months and fifteen (15) days to continue the Moratorium on Medical Marijuana Dispensaries in the City and making findings in support thereof'. Interim City Attorney Montes reviewed the staff report..: Mayor Clark opened the Public Hearing at 7:03 p.m. Rosemead City Council Meeting 7A Minutes of August st 11 11, 2 2009 ITEM NO / Page 1 of 11 Maria Luisa Arellano - stated she was glad to see this ordinance being approved by Council and applauded them for their efforts. Juan Nunez - asked if there was a law stating the city had to have marijuana dispensers. Interim City Attorney responded that currently there is a State of California law called the "Compassionate Use Act" adopted by voters, which allows certain medical patients to possess small amounts of marijuana for medical use; however, there is no provision on State law for dispensers. Mayor Clark closed the Public Hearing at 7:06 p.m. Mayor Pro Tern Gary Taylor made a motion, seconded by C as an urgency measure pursuant to California Government entitled "An Urgency Interim Ordinance of the City Council continuing the provisions of Ordinance No. 877 for a perioc continue the Moratorium on Medical Marijuana Dispehsarie support thereof". Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None iuncil Member`Sandra Armenta, to adopt .ode Section 65858'(b) Ordinance No. 879 if tl,d;Citty of Rosemead, California, of ten (10) months and,fifteen (15) days to in the City and making findings in B. Extension of Urgency Ordinance No: 878 to Pr6h> t Approval of Applications for Adult Businesses On Ju e30;2009, pursuantto Government Code Section 65858, the Rosemead City Council enacted'Urgency.:Ordinance No. 878, which imposed a moratorium on the approval ~of:applications for land use` entitlemerits'for adult businesses for a period of 45 days. During `the 45-days-perio'd, staff.has begun to compile and study the substantial health and safety issues involved.in the'app`roval of such businesses. Since the adoption of the City's current adult business ordinancd'(Ordinance No. 753), there have been a number of studies ,i -,concerning the,adverse secondary effects of adult businesses in other cities, as well as legal \,decisions regarding local regulation that must be reviewed. Th"e'dimited 45-day period has not provided a sufficient amount of time to fully address the effectiveness and adequacy of Ordinance No. 753. Therefore, such factors warrant the City Council'sconsideration of the adoption of Urgency Interim Ordinance No. 880 to extend Urgency 'Ordinance No. 878 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council introduce (by title only) and adopt, as an urgency measure pursuant to California Government Code Section 65858 (b) Ordinance No. 880 entitled "An Urgency Interim Ordinance of the City Council of the City of Rosemead, Rosemead City Council Meeting Minutes of August 11, 2009 Page 2 of 11 California, continuing the provisions of Ordinance No. 878 for a period of ten (10) months and fifteen (15) days to continue the Moratorium on Adult Businesses in the City and making findings in support thereof'. , Interim City Attorney Montes reviewed the staff report. Mayor Clark opened the Public Hearing at 7:07 p.m. Juan Nunez - stated he didn't think there should be these types of Maria Luisa Arellano - stated she did not want those type of busi schools being so close in proximity. Mayor Clark closed the Public Hearing at 7:09 p.m. Council Member Polly Low made a motion, secondedby-Coui as an urgency measure pursuant to California Government C entitled "An Urgency Interim Ordinance of the City Council of continuing the provisions of Ordinance No. 878 for a period o continue the Moratorium on Adult BusinessesJn,the'City and Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None" 1. PRESENTATION especially with Sandra Armenta, to adopt 65858 (b) Ordinance No. 880 0) months and fifteen (15) days to 3 findings in support thereof'. 1,-'e--Holly Knapp Recognition Plaque Mayor Glarkpresented a plaque of recognition to Holly Knapp; she added that Holly Knapp had brought back the 4th of July parade to Roser ead,in 199:1%to 2003 and served faithfully in the Traffic Commission for 22 years. Holly Knapp - thank' d'everyone and added she was a "person who really loved the city and enjoyed serving in the Traffic Commission; Mrs. Knapp stated she has lived in the City of Rosemead since 1959. Irk 3. PUBLIC COMMENT FROM THE AUDIENCE Maria Luisa Arellano - addressed Council regarding the left hand turn on Walnut Grove, coming from Marshall to Garvey and stated that when there is traffic in that location only about two cars are able to fit in that pocket area because of all the traffic that compiles on that island. She wondered if it was possible that the island get cut so that more cars can get into that lane to make a left turn to Ramona. Ms. Arellano added that with the new signals people had to wait for two or three signals before anyone can make that left turn. Rosemead City Council Meeting Minutes of August 11, 2009 Page 3 of 11 City Manager Allred responded that this issue would be discussed at staff level and then taken to the Traffic Commission. Council Member Ly stated that was one of the ways he got home sometimes and often times the traffic on the stray away is so heavy no one can get to other lane; then cars still have to wait longer for the light to turn green to make that left turn. . Council Member Armenta agreed that the area was very congested. Brian Lewin - Traffic Commissioner stated the Traffic Commission had actually approved an extension to the left pocket in that area but that it had not been engineered yet; howeier he thought it would be done this year.! 4 Deputy Public Works Director Marcarello stated this project is a6tuallylin the City's Improvement Program budget and it would be completed this,year. 2 Temple Leadership Club - Marvin Luu, club representative of the Rosemead Youth Leadership Center thanked Council for their support on their Summer Leadership Day ca'm'p, thanked the Rosemead Public Safety Center and the Parks and Recreation Department Secretary of the Rosemead Youth Leadership' Center stat together an eight week summer program and 901studeht! 1. -1 -1 as a result they had fundraised and were making'aycontn Troung, Vice-President of the Rosemead Youth Leaders allowing them to promote theirprogram, Jean Scott focal Rosemead Concert, Ray Rodriguez an`d\Mandy Wong4o citizen's academy, also,,th'Aed Min Wang and Cathy br to promote their prograrn`through the Rosemead Reporte Leadership Center thanked the City Council,fortheir supi Leadership program was.to provide opportunitiei~167ydun community,leaders: -Due to the City support the organiza training for,young citizens',, The grouptheh.presented the Gity with a $500.00 check. for their outstanding service. Johnny Diep, ed that during''the summer the center had put had enrolled. They,also opened a snack bar and utiomt the City to'sh`cw their appreciation. John ip;Center-'thanked David Montgomery-Scott for Dwing them to pass out flyers at the Rockin' allowing them to give a presentation during the hm of the Chamber of Commerce for allowing them '%,,David Chen, President of the Rosemead Youth irt, he added that the goal of the Rosemead Youth citizens to develop the skills necessary to become on was able to raise money to provide more Cynthia Melen&ez =:asked if the owners that owned their mobile home park were residents of Rosemead. Mayor Pro Tem Taylor responded he did not know.. 'f r Ms. Melendrez asked how much the city is standing to make in profit from the project that is planned to be built in the mobile home park. Mayo Pro Tern Taylor responded he would need to defer that question to staff. Rosemead City Council Meeting Minutes of August 11, 2009 Page 4 or 11 City Manager Allred clarified that Ms. Melendrez was referring.to how much revenue the city would be gaining from that property and stated it would depend on what kind of businesses would be going in that land and whether it would generate sales tax or not. 4. CONSENT CALENDAR A. Minutes Cou Con. No: None Abstain: None Absent: None in the ce on anager, ~rence 3nager, ,e the Rosemead City Council Meeting Minutes of August 11, 2009 Page 5 of 11 Yes: Armenta, Clark, Low, Ly, Taylor Claims and Demands Resolution No. 2009.41 Recommendation: Adopt Resolution No. 2009-41, for payment of City expenditures in the amount of $863,892.78 numbered 100459 through 100481 and 66885 through 97032. Council Member Ly stated that on the Bank of America card it stated California Contract Cities Association Conference and it should actually be the League of California Cities Conference';'- \ Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to approve Consent Calendar Item 4B - Resolution 2009.41. Vote resulted in: 'K Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Approval of Special Indemnity Agreement betwee'n,Contract Cities and the County of Los Angeles regarding MunicipaI Law Enforcement Services Over the past three years, the California Contract Cities Association (CCCA) and the County of Los Angeles have been engage6n a dispute regarding the County's use of the contract cities' Liability.Trust,Fund (LTF) for clairns'resulting`from`sexual assaults committed by Sheriff's deputies-while -assigned to:alcontract city. As; a result of extensive negotiations with the Coun ,',Jhe CCCA Legal Committ4has proposed a compromise settlement of the ongoing dispute. Thisiproposed agreement provides that the County will be responsible for one-half of any such settlement orjudgment. The other one-half of judgment or settlement costs will be drawn, from the,LTF established by the contract cities. The propbsed'settlementhas been approved by the County Board of Supervisors. The forty (40) affected'CCCA member agencies that contract with the Los Angeles County Sheriff's Department fordaw enforcement services have adopted or are now in the process of considering adoption of the agreement. The agreement will ensure that the affected cities willi'continue theirrcontractual relationships with the Los Angeles County Sheriff's Department for municioal law enforcement services. ation: That the City Council accepts the proposed settlement and approves the Special Indemnity Agreement". Juan Nunez - asked what penalties the perpetrators had on these types of situations. City Manager Allred explained that this issue was brought forth due to an incident that occurred in 2006 where a sheriff deputy who was assigned to the City of Compton was engaged in committing these crimes and that person was arrested and charged for those crimes. Rosemead City Council Meeting Minutes of August 11, 2009 Page 6 of 11 Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to accept the proposed settlement and approve the County-City Special Indemnity Agreement. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. California Mission Inn Pet Fair On July 28, 2009, the City Council discussed Hope, and Dog Show" that will be held at the estimated the cost of City services in relation cost of Public Works and Public Safetyfstaff.t deputies' time. At the meeting, Council authc directed staff to work with the California Miss associated costs. Staff has met with the exe discuss the costs. The estimated c amount of service needs and timed the California Mission Inn. Recommendation: That the City C protect the--interests of the public in to be paid by the requesting party. City Manager Allred Council Member L'yaske( Mr. Allred responded that now down to $ ,000. Council Member Lstate( asked if that monev'woulc Mr. Allred responded th put back to the Commu difornia Mission Inn onA the event to be $8,321 as well,as Los Angeles ed the.r'eauested street c have been log red. The total t not Fair, Dog Walk for gust 29th. It was iis,includes the and ffort to reduce and share the of the California Mission Inn to to $6,321 by reducing the will tie shared by the City and support of this event to guard and aed $3,200 and require the balance going _to withdraw the $3,200 from the budget. $25,000 for these types of events and the fund was that the IRS would be reimbursing the city soon for the $9,000 for the RYA and be going back to the Community Outreach budget. e money was intended to go back to the General Fund but that it can certainly be Outreach budget. Mayor Pro Tem Taylor asked why the city was doing this for the Humane Society when Rosemead residents have called the organization for services and have been denied. Mr. Taylor added he was having a hard time taking Rosemead tax payers money to support an organization that did not participate with Rosemead. Rosemead City Council Meeting Minutes of August 11, 2009 Page 7 of 11 Mr. Allred responded that the reason why staff was recommending participating was to guard the safety and interest of Rosemead residents that will be impacted by this event. This event will attract thousands of people because of the celebrity that will be attending. Council Member Low stated she thought this will be a good event for the city and the residents and added that she was willing to support this. Mrs. Low stated that when this originally came to Council the cost was going to be $8,300 and she had spoken to the City-Manager to see if he could bring the cost down; she stated she would love to support these types of events as long as there is a balance and it is not too costly for the city. C.C. DeGraff - stated she understood the Council's concern with the shelter,'fiutstated this was a California Mission Inn event that is located in the City of Rosemead. She added,that a fewyears ago the Mission Inn held a dog show and the proceeds had been donated to the Alzheimer's Association the only difference this time is that the proceeds are going to the San Gabriel Humane'Society and a celebrity; ill be attending this r event. f Mayor Pro Tern Taylor asked if she knew if the Humane Societjhaddfiled:for~bankruptcy. 4x Ms. DeGraff stated they were considering it but have not yet filed. 'She`added the board would have a meeting this weekend and she would know more then. Mr. Allred stated that in the future when these types ofevents are planned he;would like the city to be notified in advance so that these types of funds can be budgeted. r Council MemberArmentaastated'she agreed with Mrs Low and thought this event would bring great exposure to the City of Rosemead. She added that WDeGraff had mentioned at the previous meeting that this event was therapeuticfor the seniors'who volunteered'during these events and who lived in Mission Inn, which is located in Rosemead; therefo~e the city was given,6ack to their residents. Mayor Clark;stated she' agreed and that this was not only serving the residents as far as safety issues during the event but also the city was going to get lots of exposure. Mrs. Clark added that assuming the Humane Society did'not file for bankruptcy she asked Ms. De Graff to keep in mind that the city was currently negotiating animal care and control and thafit might be possible that the city would want to contract with the organization.4, j Council Member Polly Low made a motion, seconded by Mayor Margaret Clark, to authorized City support of this evenfto guard and protect the interests of the public in an amount not to exceed $3,200 and require the balance to be paid by the requesting party. Vote resulted in: Yes: Armenta, Clark, Low, Ly No: Taylor Abstain: None Absent: None Rosemead City Council Meeting Minutes of August 11, 2009 Page 8 of 11 B. Presentation of Community Survey Results for the Parks, Recreation, and General Facilities Master Plan At its regular meeting on October 14, 2008, City Council approved the issuance of a Request for Proposals for a Parks, Recreation, and General Facilities Master Plan. On December 16, 2008, City Council awarded the project contract to MIG, Inc. The project was started in January of this year and is scheduled to be concluded in September when a final Master Plan report will be presented to City Council. n The completed Master Plan will include an inventory and and programs, and recommendations for renovation, exK community needs over the next 15 years. It will incorpor increase grant and other funding opportunities, and wilrE A ..._X enhancement of facilities and programs, including ar`ove achieve them. /r At this evening's meeting, representatives fron of community surveys. This information will be accordance with articulated community needs. Recommendation: No City Director of Parks and Recreation Montgomery-Scott'r( ,,n City Manager Allred stated,hewanted`to clarify once a community input that was going to lead'to the Master I Maxine Surks representative of MIG, Inc. went.over a in the City Clerk's offce.for review).. Mayor Clark asked for clarification reg is required vent of existing facilities and improvement to meet munity input, should specific goals for the of financial strategies to help esent the results of a variety the Master Plan in and introduced Maxine Surks. that this was not the Master Plan; it was the presentation (the presentation is available of "level of confidence". Ms. Surks'stated that when the'survey was-taken the company was confident that 95% of the demographics were done correctly. Council Member Low'asked a question regarding the slide that references "user vs. non user". She stated that the slide stated thate3ii%'of residents have not used the city parks and 58% have not used any recreation facility and asked'iif that represented an over all of 94% of residents! Ms. Surks responded that they could be the same and could be overlapping; she added it did not represent an overall of 94%. Council Member Armenta clarified that 36% was only representing parks and 58% was only representing recreation facilities. Rosemead City Council Meeting Minutes of August 11, 2009 Page 9 of 11 Mayor Clark asked if Ms. Surks knew how many respondents were on the phone and how many were on the survey. Ms. Surks responded it was 405 household telephone surveys and in the household it was however many people in each household; for a total of about 14,000 residents. For the pencil survey, 226 were received back. Council Member Ly asked staff to provide Council with a list of stakeholders. Brian Lewin - stated he wanted to publically thanked Holly Knapp for all ofitre'r help in the Traffic Commission. Secondly, he added that he had attended the first of the two community meetings and what had come out of that was the reference to information and security kiosk's, which"`are basically police substations. He stated it was one of the ideas that had come out of.his group and wished that the city seriously consider them. F~ Helen Gunther - stated that she was one of the residents who called the.San Gabriel Humane Society and was told that the organization had nothing to do with Rosemead'and added:thhey had hung upon her. She stated she will not support the Humane Society in any way. l 6. MATTERS FROM MAYOR & CITY Mayor Pro Tem Taylor asked that the Garcia billi finalized. Mr. Taylor also asked the City Clerk if City Clerk Molleda was from Mr. John campaign Council Member Armenta the City's birthday,bash.ar f~ - Mayor Clark stated that added"that,Target had donated'1 doing so. ~ X 4 Council Member'Armenta stated displacing low-income residents' solution for this issue N the agenda to ensure that they are maian'statements had been submitted. not been turned in as of that day / and Recreation Montgomery-Scott for putting together is aff had put into the event. it there were 12, 000 people who attended the event. She hoped that the city had sent them a formal thank you for had received.a phone call from a concerned resident regarding added that after speaking with the City Manager staff was working on a City Manager Allred added that there had been a request from Lillian Sacco to add on the agenda an item regarding displacement of mobile home residents and added that the item will be added to the next Council meeting. 7. ADJOURNMENT Rosemead City Council Meeting Minutes of August 11, 2009 Page 10 of 11 The meeting adjourned at 8:20 p.m. The next regular City Council meeting is scheduled to take place on August 25, 2009 at 7:00 p.m. Margaret Mayor ATTEST: Gloria Molleda City Clerk Rosemead City Council Meeting Minutes of August 11, 2009 Page 11 of 11