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CC - Item 8A - Minutes 01-12-10Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING January 12, 2010 The regular meeting of the Rosemead City Council and Community Devek order by Mayor Clark at 6:00 p.m, in the Rosemead City Council Chamber Boulevard, Rosemead, California. .14 FLAG SALUTE: Council Member/Commissioner Low INVOCATION: Council Member/Commissioner Ly commission was called to at 8838 East Valley PRESENT: Mayor/Chairwoman Clark, Mayor Pro TemNice"Chairman Taylor, Council Member/Commissioner ti, a~ 0 Armenta, Council Member/Commissioner Low, and Council Member/lCommiwssioner Ly. STAFF PRESENT: City Manager Allred, AssitantMCity Manager Hawkegworth, Interim City Attorney Montes, Community Development Director Wong, Directoriof Finance Brisco, Directonof Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Public Affairs Manager Flores, Deputy Public Works Director Marcarello, and City Clerk Molleda 1. PUBLIC 2. COMMISSION A. 0- Adopt Resolution No. 2010-01 for payment of Commission expenditures 3,618.81 demand nos. 11203 through 11208. 0-02 Recommendation: Adopt Resolution No. 2010-02 for payment of Commission expenditures in the amount of $17,111.04 demand nos. 11209 through 11214. Resolution No. 2010 - 03 Recommendation: Adopt Resolution No. 2010-03 for payment of Commission expenditures in the amount of $165.52 demand nos. 11215 through 11215. Rosemead Community Development Commission and City Council Joint Meeting "'0('Ei M NO. Minutes of January 12, 2010 Page 1 of 12 Resolution No. 2010 - 04 Recommendation: Adopt Resolution No. 2010-04 for payment of Commission expenditures in the amount of $152,503.68 demand nos. 11216 through 11220. Commissioner/Council Member Polly Low made. am ' otion, seconded by Commissioner/Council Member Sandra Armenta to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Attorney Joseph Montes asked that City Council recess toClosei Montes announced that additionally subsequent to the posting of the needed to be discussed in Closed Session, specificallytprop, erty 8254 be a marijuana dispensary facility. He asked that Council vote,`to,inclt Session. Commissioner/Council Member Steven Ly made a motion, secs \',a 3\ Gary Taylor to add the additional item to Closed~Session. Vote Yes: Armenta, Clark, Low, Ly, Tay No: None Abstain: None„ City Council recessed to 3. C n regarding~t„he listed item. Mr. an item had come up that Boulevard, wh'ich,appears to item for discussion in Closed Vice-Chair/Mayor Pro Tern I Code 54956.9(c): Initiation of Litigation (1 matter) City Council Meeting Agenda The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:05 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Low INVOCATION: Council Member Ly Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 2 of 12 PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. " STAFF PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda Council reconvened back from closed session at 7:05 p.m. City Attorney Joseph Montes announced that the Closed Session was not completed and the City Council would be recessing ck into Closed Session after the 7 o'clock agenda. One reportable action was taken during the Closed Se sion; specifically direction was r N1, given unanimously by the City Council to commence litigation against4he owne&of property 8254 Garvey for purposes of stopping that use at that location. N& , 4. PRESENTATIONS People for People Recognition - Holly Knapp The City Council presented a Certificate of Holly Knapp- thanked the City Council for the recogn part of this organization and meeting all the people`that could not emphasize enough tthe:joy;there is in giving tc Rosemead. She informed,that'their-6rganization looke° choose a family and you buy what they.want during the 400 families; it is exciting to;get.lnvolve;with these famil organization was started 7 certificate were.all_their,far 5. their upcoming ev nt, "Green 2010. High school sttudents < Dream Festival. TNVy inform Tech High School to pul recognized by USC and on how to further promo 3nd.she tha and pictures fMrs. Knapp stated it has been areal joy to be 9,come,,intoxthheir lives. Mrs. Knapp stated she ers and th" Vshe was so proud of the people of people to' come and adopt needy families; you stmas season. This year People for People feed ind-new families. Mrs. Knapp stated that the I the City once again and said she would put the gad HIgh,Ebology Club - informed Council that they were hereto talk about am Festival", which would be held in Gabrielino High School on January 16, 01 ocal businesses will be there helping spread the word about the Green at they were working with Temple City High School and Pasadena Poly this festival; they added that the Green Dream Festival has been California Edison. The students asked Council for suggestions and ideas and publicize this event.. Mayor Margaret Clark asked that staff put the flyer on the City's website to help the student promote the Green Dream Festival. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 3 of 12 Howard Kui - addressed Council regarding the scavengers that go through Rosemead resident's recycling bins and leave a mess around their trash cans during scheduled trash days. Mr. Kui asked that Council pass a law to prevent this from further happening. Mayor Margaret Clark informed Mr. Kui that this was already included in our municipal code and directed code enforcement staff to enforce this law during the scheduled trash days. Council Member Sandra Armenta also added that the City also relied on having the residents call in to Public Safety and report these incidents as they are occurring. Mr. Kui also added that there is a problem with people who drive down the,surface streets and their excessive speeding. He added that he had contacted Mr. Murakami,and the Temple Sheriff Station and had not seen any results. Mayor Pro Tern Taylor asked if Mr. Kui was referring to they Mr. Kui responded that was correct. Mr. Taylor stated that in the past there has been selective enl street and sit there and monitor the passing cars speed. he lived in, a motor officer can go out to the Mr. Kui responded that an officer had done that Mr. Taylor explained to Mr Juan Nunez-wished reference to building a problems the City was the City couldn' have ppy New Year and a mter. He added that street every single day. for explanation on an article he had read in lore people you brought into the City the more Council Member"Steven;Cy,l not going'tobe built but rather city hall'ahd,the Rosemead Ci Mayor Pro Tern Gary Taylor and the Rosemead Center to pedestrians to cross-directly fr more pedestrian safe. f ided,that his underst of that item was that a new civic center was one; specifically improve the current parking situation in ned that part of the suggestion is to remove the wall between City Hall a more open appearance. Mr. Taylor also added that this would permit e site to another without going around the wall and this would also be Mr. Nunez added that Wthought Rosemead was the jewel of the San Gabriel Valley and he didn't think that high-rise building should be built here. Rosemead Community Development Commission and' City Council Joint Meeting Minutes of January 12, 2010 Page 4 of 12 6. PUBLIC HEARING A. Municipal Code Amendment 09.04, Amending the Zoning Ordinance to Require Design Review Approval for any Dwelling Developed with a Living Area Equal to or Exceeding Two Thousand five Hundred (2,500) Square Feet in the R-1 (Single-Family Residential) and R-2 (Light Multiple Residential) Zones Municipal Code Amendment 09-04 is a City initiated amendment that proposes to amend the . Zoning Ordinance to require a Design Review (DR) entitlement application for any dwelling unit developed with a total living area equal to or exceeding$fwo thousand five hundred (2,500) square feet in R-1 (Single-Family Residential) and'R=2)(Light Multiple Residential) zones. Currently a Conditional Use Permit (CUP) is equired for,such dwellings that equal or exceed two thousand five hundred (2,500) squa q;feet. Under the current regulations, the applicatio~fee'fo R-1 and R-2 zones is $1,000. If the proposed'Munic would be a cost savings for the homeowners;due to application is $800. It is also important to note.that t 14, 1W the time that it will take the City to process the discr R-1 and R-2 zones. On December 7, 2009, the Plai recommending approval of this iew of a CUP<f it aarge homes in the Code Amendment is adopted, there fact the fee for a Design;Review `)Aigyn Review process will not alter iarv approval of a larqe home in the ion No. 09-24 City Council. Recommendation Jhat the City Counciilsadopt a Negative Declaration of Environmental Impacts f~ ding'tf atythe,project will not~have a significant adverse effect on the environment. Staff further recommends that the.Council introduce Ordinance No. 886 for first reading, approving4Municipal Code Amendment 09-04? modifying the Zoning Ordinance with respect to Design Revie11 w,approval requirements for large homes in the R-1 and R-2 zones. Senior Planner Paul'Gary,rewewed'therstaffreport. Mayor~"Ma ret Clark openedRthe,,publliic K6'aeing at 7.43 p.m.; there being no one to speak on this item the public heannwas closed at 7 43 p.m. 4V Council MembewSteven Ly made a motion, seconded by Council Member Sandra Armenta to adopt a Negative Declaration of Enviiron'mental Impacts finding that the project will not have a significant adverse effect on the environment and introduce Ordinance No. 886 for first reading, approving Municipal Code Amendment 09.04, modifying the Zoning Ordinance with respect to Design Review approval requirements'for large homes in the R-1 and R-2 zones. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor, No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 5 of 12 7. CITY COUNCIL CONSENT CALENDAR A. Minutes October 27, 2009 - Regular Meeting December 8, 2009 - Regular Meeting December 21, 2009 - Special Meeting B. Claims and Demands Resolution No. 2010 - 01 Recommendation: Adopt Resolution No. 201 amount of $1,296,449.68 numbered 100619 a 68315. V Resolution No. 2010 - 07 ryment'of*City, expenditures in the through 100665and 68163 through Recommendation: Adopt Resolution No. 2010-07,jdr,payment of City expenditures in the amount of $1,346,996.84 numbered 100666 through 100684 and 68316 through 68444. Resolution No. 2010 - 08 Recommendation:;Adopt Resolution,N1P2010-08,for payment of City expenditures in the amount ofp$289;220.y32,numbered 684,45 through 68458. 2010 2010-12, for payment of City expenditures in the through 68512. Resolution'No: 2010.02`aridNo.,2010-03, Authorizing the Recordation of Irrevocable Offers of Dedication (Public Sewer Easements) for those Portions of LA County Assessors ParceljNos. 5289-011-060 and 5289-011-061 Proposed for Use for Public In accordance with Municipal Code Section No. 15.04.040, the owner(s) of the property located 3t'3647-3061 Ivar Avenue, have submitted executed irrevocable offers of dedication The irrevocable offers of dedication have been determined by the City Engineer to be necessary and appropriate to permit the installation of a public sanitary sewer system in accordance with the County and City standards for new sewer systems. Recommendation: That the City Council approve Resolutions No. 2010-02 and 2010-03, authorizing the City Engineer to execute and record the irrevocable offers of dedication for LA County Assessor Parcel Nos. 5289-011-060 and 5289-011-061 of Tract No. 54385. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 6 of 12 G. Citywide Curb Ramps Construction Project - Authorization of Bids In accordance with the Americans with Disabilities Act (ADA) and as part of the City 2009-10 Capital Improvement Program budget, the City Council approved this program, which consists of installation/upgrading curb ramps at various street intersections throughout the City. The program includes approximately 500 curb ramps, 150,000 square feet of sidewalk, miscellaneous concrete work and other appurtenances. The City's allocated funds of $1,684,000 were acquired through the American Recovery and Reinvesting Act 2009 (ARRA). Recommendation: That the City Council authorize staff toadvertise and solicit bids to complete the improvement project. g Mayor Pro Tern Gary Taylor made a motion, seconded bysCou cil;Member Steven Ly to approve the Consent Calendar EXCEPT for Item Nos. C, D, and E. Vote resulted in: a^, Yes: Armenta, Clark, Low, Ly, Taylor. No: None Abstain: None Absent: None C. Local Taxpayer, Public Safety and Transportation Protection Act of 2010 The League of;California Cities (League).is asking the Rosemead City Council to support a League sponsored.initiative entitled the,"Local Taxpayer, Public Safety, and Transportation Protection A menct of 2010" by adoption Resolution No. 2010-10 Recomdation: Th t the,Cdy Councilr`approve Resolution No. 2010-10 Juan Nunez ed cil if t~„,were goinsupport this resolution. He asked if this was like similar to SB18. Mayor Margaret Clark responded yes the;Ci y was going to support the resolution. Mrs. Clark explained that 18 did pass but that allowed the State to borrow money from cities twice in ten years and they pay it back with interest and'the State did borlrow money last year. However, this proposition is designed to solve the problem where the State, continues' to take other funds also; if this passed the State will not be allowed to take transportation funds,,'';' Mayor Pro Tem Gary Taylor explained that the document was 18 pages long and this was trying to protect the residents; losing the tax dollars that the State is trying to take for other projects. This proposition is looking out for the taxpayers. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 7 of 12 Council Member Steven Ly stated this was a League of Cities initiative and what is going on is that historically the State has continuously tried to take cities money, such as, HUDA, transportation, and redevelopment money and this will hopefully put a stop to it. He explained that if the State wanted to borrow money from the city for a second time they first had to payback what they had borrowed the first time; this initiative really looks out for local government. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to approve Resolution No. 2010.10 to support a League sponsored imitative entitled the "Local Taxpayer, Public Safety, and Transportation Protection Act of 2010". Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Resolution Approving Certain City Information The California Board of Equa the titles and names of officio and use tax transaction data. positions included have differ positions i the City C eligible to_ r Juan Nunez-asked coming from. City ManageeJeff All updated!was in 1985 11 - Council Membe,Steven Ly as allowed to review,sales and use to Receive and Review Sales'arid Use Tax requires IocaP`g&erning boards to formally designate ersonnel that are;enfitled to receive and review sales ty'last updated this resolution in 1985 and several of the or,no longer exist. uncil,approve Resolution No 2010-11 amending the ceive and review sales and use tax transaction data. l'that no one else'.was allowed to know where the money was his was just a`housekeeping measure because the last time this was eded to be updated; this includes the current names and the current someone could explain to Mr. Nunez why only certain people were transaction data. City Attorney Joseph Monfes explained that under State Law sales and tax use information generated on a business by business levelof detail is confidential; it is considered a trade secret. Only a certain identified individuals within a city are able to access that information Mayor Pro Tern Gary Taylor explained that they couldn't disclose the sales tax that Target, Wal-Mart, or Carl's Jr. brought to the city because that is confidential'information. Mr. Taylor added that if Mr. Nunez looked at the City budget he would see that the City receives $2.5 million dollars in sales tax all combined but we cannot list what each business pays. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 8 of 12 Council Member Sandra Armenta made a motion, seconded by Mayor Margaret Clark to approve Resolution No. 2010.11, amending the positions and personnel eligible to receive and review sales and use tax transaction data. Vote resulted in: , Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Resolution Approving a Ticket Distribution Policy as Required by FPPC section 18944.1 A,~r The Fair Political Practice Commission (FPPC) on December 11, 2008, requiring local govemn 11141 regarding the distribution of event tickets , r'pa: Resolution No. 2010-09 andsubsequent`dstrib 18944.1 and will ensure the City remams in cor Attorney has reviewed the proposed resolution compliance with the law. t~ Recommendation: That the City~Co~uncil,, adoption of a Ticket Distribution Policy``< nd6d FPPC Regulation Section 18944.1 agencies to develop -a formal policy from the City to any,City.Official. i policy conforms with FPP(`Section neefwith this regulation.)The City policy and concurs that they are in 2010-09 approving the Juan Nunez - asked who City Attorney Joseph Morite"s stated the new regulations specifically add report is now required to wh`ere.tho,~ Council Member Steven L`ymade' Resolution No. 2010.09"*p iovin Yes: Armenta,`Cla No: None },r Abstain: None $°-l e intent of th those instan is that the FPPC adopted a new regulation; -e tickets to events are given to a city and a 8. MATTERS FROM C nied by Council Member Sandra Armenta to approve of a Ticket Distribution Policy. Vote resulted in: Taylor & STAFF A. Transmittal of City, Community Development Commission and Housing Corporation FY 2008.09 Audited Financial Reports As of December 18, 2009 the City's independent auditors, Mayer Hoffman McCann P.C., completed their audit field work and helped City staff prepare the fiscal year ended June 30, 2009 Comprehensive Annual Financial Report (CAFR), the Rosemead Community Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 9 of 12 Development Commission (RCDC) audited financial report, the Rosemead Housing Development Corporation (RHDC) audited financial report and the Single Audit Report on Federal Awards. Recommendation: That the City Council receive and file the below listed documents: The City's FY 2008-09 CAFR 2. The Rosemead Community Development Commission's audited financial report 3. The Rosemead Housing Development Corporation's audited.fmav cial report 4. The Single Audit Report on Federal Awards 5. The Auditor's internal controls letter / t. 6. The Auditor's responsibility under OMB 7. The Auditor's Report on Agreed Upon F Director of Finance Steve Brisco reviewed the staff report. Mayor Pro Tern Gary Taylor asked that on the cover page oftl isittem,he noticed that item 2`and 3 were audited financial reports but it didn't say we have an audit financial fpport for the city. Mr. Brisco explained that the CAFR is the CAFR. report andthel(e is an auditor's statement in the Mr. Taylor asked why that isn't audited with an approval. Mr. Brisco responded that the city and housing. No Action if this was an in-house that did the audit on the city, redevelopment, . and filed. 9. MATTERS FROM MAYOR,& CITYXOU~N/CIL council Member Steven Ly stated that he•wanted to point out that recently the Executive Director of the ti ` t L.A. Division of the.League of California Cities Mr. Ben Wong has taken a job here in Rosemead for Southern 1, California Edison•to help manage the public affairs portfolio for the County City Clerks program. He added that this reminded him that the city was still in discussion with various officials of Southern California Edison regarding their empty lots and allowing the City access to those lots. He stated that he was frustrated that this process is still going and asked that Southern California Edison work with the City to free up those lands so that green space can be developed. City Manager Jeff Allred stated that staff had met with Mr. Ordulo from the Edison to possibility declare the parcel on the corner of Hellman and Stallo a pocket park but staff was still awaiting to hear back from Mr. Ordulo. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 10 of 12 Council Member Polly Low reminded everyone about the Lunar New Year event coming up on January 231d. Mr. Low also asked for an update on the City's Emergency Plan. Mr. Allred responded that Council had approved an interim plan and that the final plan was being prepared by the Public Safety Department; he asked Chief of Police Murakami on an update. Mr. Murakami stated he would have to double check with his staff. Mr. Allred stated that he knew some additions had to be made with the NIMS language; some language needed to be incorporated. 141 Mr. Low asked if an emergency incident occurred was the city qualified to receive government aid. Public Affairs Manager Aileen Flores stated that City did qualify been updated was because the city was still waiting for the .1`4 Mayor Pro Tern Gary Taylor asked what emergency plan the\ Mr. Allred replied that the city has a plan that.is comprehensive Mr. Taylor asked if there was a totally new plan'for,the Federal. Mr. Allred replied that Council had the interim plan'whic language is incorporated the plan,wilt simply be expanc Council Member Sandra Armenta stated that Mr.,Ly fortunate to have spoken tothe.local legislators and exl was stressed in Sacramento was the importance of the for every one person-that was not counted; the:cityJ07-st reason why'the plan had not ce now. State requirements. age and when the NIMS she had just returned from Sacramento and were ss.their concerns about Rosemead; one thing that nsus, which is coming up soon. She added that ,300 per person per year Mayor Margaret Clark stated thayt would be Federal money that the city would not receive. Council Member Steven Ly added that he,h d been informed by Jack Chao, EDI representative, that his car had been vandalised by some gang members; his car was keyed at his apartment building on Belmont. Mayor Margaret ClaWstated that she knew Council had to return to Closed Session but she wanted to announce that the meeting'would be adjourned in Memory of Bobby Salcedo who was an El Monte City School Member and was brutally murdered in Mexico. Mrs. Clark added that she had spoken to the City Manager about sending a letter to the President and the Senators expressing Council's concern and explain that they are outrage about this incident; and they need to do a full investigate on what happened. Mrs. Clark also read a letter from South El Monte addressing the same issue. Council Member Sandra Armenta stated she was able to attend the memorial and that it was ashamed that a rising star had to end his life this way. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 11 of 12 Mrs. Clark added that she had attended both memorials and they had been very sad and emotional. The City Council recessed back into Closed Session at:8:10 p.m. and reconvened out of Closed Session at 9:30 p.m. City Attorney Joseph Montes announced that there was no reportable action. 10. ADJOURNMENT The meeting was adjourned at 9:30 p.m, in Memory of Bobby Salcedo. Development Commission and City Council meeting is scheduled to tal p.m. and 7:00 p.m., respectively at the Rosemead Community DeveloF Avenue, Rosemead. „r " Margaret Clark ATTEST: Gloria Molleda City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 12 of 12 January 26, 2010 at 6:00 rat 3936 North Muscatel