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CC - 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 Armenta, Council Member Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director 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 Section 65858, the Rosemead City Council enacted Urgency Ordinance No. 877, which imposed a moratorium on the approval of applications for land use entitlements for 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- day period has not provided a sufficient amount of time to address the potential adverse impacts that such a use may 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 Ordinance 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 Minutes of August 11, 2009 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 Council Member Sandra Armenta, to 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". Vote resulted in: Yes: Armenia, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Extension of Urgency Ordinance No. 878 to Prohibit Approval of Applications for Adult Businesses On June 30, 2009, pursuant to 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 entitlements for adult businesses for a period of 45 days. During the 45-days period, staff has begun to compile and study the substantial health and safety issues involved in the approval of such businesses. Since the adoption of the City's current adult business ordinance (Ordinance No. 753), there have been a number of studies concerning the adverse secondary effects of adult businesses in other cities, as well as legal decisions regarding local regulation that must be reviewed. The limited 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's consideration 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 businesses in town. Maria Luisa Arellano - stated she did not want those type of businesses in Rosemead, especially with schools being so close in proximity. Mayor Clark closed the Public Hearing at 7:09 p.m. Council Member Polly Low made a motion, seconded by Council Member Sandra Armenta, to 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, 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". Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None PRESENTATION Holly Knapp Recognition Plaque Mayor Clark presented a plaque of recognition to Holly Knapp; she added that Holly Knapp had brought back the 4m of July parade to Rosemead in 1991 to 2003 and served faithfully in the Traffic Commission for 22 years. Holly Knapp - thanked 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. 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; however, he thought it would be done this year. Deputy Public Works Director Marcarello stated this project is actually in the City's current Capital Improvement Program budget and it would be completed this year. Temple Leadership Club - Marvin Luu, club representative of the Rosemead Youth Leadership Center thanked Council for their support on their Summer Leadership Day camp, thanked the Rosemead Public Safety Center and the Parks and Recreation Department for their outstanding service. Johnny Diep, Secretary of the Rosemead Youth Leadership Center stated that during the summer the center had put together an eight week summer program and 90 students had enrolled. They also opened a snack bar and as a result they had fundraised and were making a contribution to the City to show their appreciation. John Troung, Vice-President of the Rosemead Youth Leadership Center thanked David Montgomery-Scott for allowing them to promote their program, Jean Scott for allowing them to pass out flyers at the Rockin' Rosemead Concert, Ray Rodriguez and Mandy Wong for allowing them to give a presentation during the citizen's academy, also thanked Min Wang and Cathy Brehm of the Chamber of Commerce for allowing them to promote their program through the Rosemead Reporter. David Chen, President of the Rosemead Youth Leadership Center thanked the City Council for their support; he added that the goal of the Rosemead Youth Leadership program was to provide opportunities to young citizens to develop the skills necessary to become community leaders. Due to the city support the organization was able to raise money to provide more training for young citizens. The group then presented the City with a $500.00 check. Cynthia Melendrez - asked if the owners that owned their mobile home park were residents of Rosemead Mayor Pro Tem Taylor responded he did not know. 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 of 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 April 28, 2009 - Regular Meeting June 30, 2009 - Special Meeting B. Claims and Demands Resolution No. 2009 - 42 Recommendation: Adopt Resolution No. 2009-42, for payment of City expenditures in the amount of $221,270.39 numbered 67033 through 67073. C. League of California Cities 2009 Annual Conference and Exposition - San Jose September 16-18, 2009 The League of California Cities 2009 Annual Conference and Exposition will take place on September 16-18, 2009, in San Jose, California. Recommendation: That the City Council authorize any Council Member, the City Manager, or a staff designee to attend the event at City expense. D. California JPIA Risk Management Conference - San Francisco October 28-30, 2009 The 14th Annual California Joint Powers Insurance Authority Risk Management conference will be held in San Francisco on October 28-30, 2009. Recommendation: That the City Council authorize any Council Member, the City Manager, or a staff designee to attend the event at City expense. Council Member Steven Ly made a motion, seconded by Council Member Polly Low, to approve the Consent Calendar with the exception of Resolution 2009.41 and Item No. 4E. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council Meeting Minutes of August 11, 2009 Page 5 of 11 B. 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: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Approval of Special Indemnity Agreement between Contract Cities and the County of Los Angeles regarding Municipal Law Enforcement Services Over the past three years, the California Contract Cities Association (CCCA) and the County of Los Angeles have been engaged in a dispute regarding the County's use of the contract cities' Liability Trust Fund (LTF) for claims resulting from sexual assaults committed by Sheriff's deputies while assigned to a contract city. As a result of extensive negotiations with the County, the CCCA Legal Committee has proposed a compromise settlement of the ongoing dispute. This proposed agreement provides that the County will be responsible for one-half of any such settlement or judgment. The other one-half of judgment or settlement costs will be drawn from the LTF established by the contract cities. The proposed settlement has 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 for law enforcement services have adopted or are now in the process of considering adoption of the agreement. The agreement will ensure that the affected cities will continue their contractual relationships with the Los Angeles County Sheriff's Department for municipal law enforcement services. Recommendation: That the City Council accepts the proposed settlement and approves the "County-City 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 information regarding a "Pet Fair, Dog Walk for Hope, and Dog Show" that will be held at the California Mission Inn on August 29th. It was estimated the cost of City services in relation to the event to be $8,321. This includes the cost of Public Works and Public Safety staff time as well as Los Angeles County Sheriff deputies' time. At the meeting, Council authorized the requested street closures and directed staff to work with the California Mission Inn in an effort to reduce and share the associated costs. Staff has met with the executive director of the California Mission Inn to discuss the costs. The estimated costs have been lowered to $6,321 by reducing the amount of service needs and time required. The total costs will be shared by the City and the California Mission Inn. Recommendation: That the City Council authorized City support of this event to 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. City Manager Allred reviewed the staff report. Council Member Ly asked where the city was going to withdraw the $3,200 from the budget. Mr. Allred responded that the city had originally budgeted $25,000 for these types of events and the fund was now down to $3,000. Council Member Ly stated that the IRS would be reimbursing the city soon for the $9,000 for the RYA and asked if that money would be going back to the Community Outreach budget. Mr. Allred responded that the money was intended to go back to the General Fund but that it can certainly be put back to the Community 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 but stated this was a California Mission Inn event that is located in the City of Rosemead. She added that a few years 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 will be attending this event. Mayor Pro Tem Taylorasked if she knew if the Humane Society had filed for bankruptcy. 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 of events are planned he would like the city to be notified in advance so that these types of funds can be budgeted. Council MemberArmenta stated she agreed with Mrs. Low and thought this event would bring great exposure to the City of Rosemead. She added that Ms. DeGraff had mentioned at the previous meeting that this event was therapeutic for the seniors who volunteered during these events and who lived in Mission Inn, which is located in Rosemead; therefore, the city was given back 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 that it might be possible that the city would want to contract with the organization. Council Member Polly Low made a motion, seconded by Mayor Margaret Clark, to authorized City support of this event to 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 o111 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. The completed Master Plan will include an inventory and assessment of existing facilities and programs, and recommendations for renovation, expansion, and improvement to meet community needs over the next 15 years. It will incorporate community input, should increase grant and other funding opportunities, and will establish specific goals for the enhancement of facilities and programs, including an overview of financial strategies to help achieve them. At this evening's meeting, representatives from MIG, Inc. will present the results of a variety of community surveys. This information will be used to develop the Master Plan in accordance with articulated community needs. Recommendation: No City Council action is required at this time. Director of Parks and Recreation Montgomery-Scott reviewed the staff report and introduced Maxine Surks. City Manager Allred stated he wanted to clarify once again that this was not the Master Plan; it was the community input that was going to lead to the Master Plan. Maxine Surks representative of MIG, Inc. went over a PowerPoint presentation (the presentation is available in the City Clerk's office for review). Mayor Clark asked for clarification regarding the mentioned 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 that 36% of residents have not used the city parks and 58% have not used any recreation facility and asked if 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 MemberArmenta 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 of her 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 kiosks, 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. 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 they had hung up on her. She stated she will not support the Humane Society in any way. 6. MATTERS FROM MAYOR & CITY COUNCIL Mayor Pro Tem Taylorasked that the Garcia billings be put back on the agenda to ensure that they are finalized. Mr. Taylor also asked the City Clerk if all the elections campaign statements had been submitted. City Clerk Molleda responded that the only campaign statement that had not been turned in as of that day was from Mr. John Nunez. Council MemberArmenta thanked Director of Parks and Recreation Montgomery-Scott for putting together the City's birthday bash and for all the work he and his staff had put into the event. Mayor Clark stated that her understanding was that there were 12, 000 people who attended the event. She added that Target had donated 1000 hotdogs and hoped that the city had sent them a formal thank you for doing so. Council Member Armenta stated she had received a phone call from a concerned resident regarding displacing low-income residents and added that after speaking with the City Manager staff was working on a solution for this issue. 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 81ark Mayor ATTEST: Gloria Molleda City Clerk Rosemead City Council Meeting Minutes of August 11, 2009 Page 11 of 11 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes of August 11, 2009 was duly and regularly approved by the Rosemead City Council on the 13th of October, 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None XU GA, o,. ~ o1lQr~o Gloria Molleda City Clerk