Loading...
CC - 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 Development Commission was called to order by Mayor Clark at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member/Commissioner Low INVOCATION: Council Member/Commissioner Ly PRESENT: Mayor/Chairwoman Clark, Mayor Pro Tem/Vice-Chairman Taylor, Council Member/Commissioner Armenta, Council Member/Commissioner Low, and Council Member/Commissioner Ly. STAFF PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, Interim City Attorney Montes, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Public Affairs Manager Flores, Deputy Public Works Director Marcarello, and City Clerk Molleda 1. PUBLIC COMMENTS FROM THE AUDIENCE- None 2. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2010 - 01 Recommendation: Adopt Resolution No. 2010-01 for payment of Commission expenditures in the amount of $103,618.81 demand nos. 11203 through 11208. Resolution No. 2010 - 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 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 a motion, 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 to Closed Session regarding the listed item. Mr. Montes announced that additionally subsequent to the posting of the agenda an item had come up that needed to be discussed in Closed Session, specifically property 8254 Garvey Boulevard, which appears to be a marijuana dispensary facility. He asked that Council vote to include this item for discussion in Closed Session. Commissioner/Council Member Steven Ly made a motion, seconded by Vice-Chair/Mayor Pro Tern Gary Taylor to add the additional item to Closed Session. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None . Absent: None City Council recessed to Closed Session at 6:04 p.m. 3. CLOSED SESSION A. Conference with Legal Counsel 1) Government 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-Scoff, 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 back into Closed Session after the 7 o'clock agenda. One reportable action was taken during the Closed Session; specifically direction was given unanimously by the City Council to commence litigation against the owners of property 8254 Garvey for purposes of stopping that use at that location. 4. PRESENTATIONS People for People Recognition - Holly Knapp The City Council presented a Certificate of Recognition and pictures were taken. Holly Knapp - thanked the City Council for the recognition. Mrs. Knapp stated it has been a real joy to be part of this organization and meeting all the people that have come into their lives. Mrs. Knapp stated she could not emphasize enough the joy there is in giving to others and that she was so proud of the people of Rosemead. She informed that their organization looked for people to come and adopt needy families; you choose a family and you buy what they want during the Christmas season. This year People for People fed 400 families; it is exciting to get involved with these families and new families. Mrs. Knapp stated that the organization was started 7 or 10 years ago and she thanked the City once again and said she would put the certificate where all their families would be able to see it. 5. PUBLIC COMMENT FROM THE AUDIENCE Representatives of the Rosemead High Ecology Club - informed Council that they were here to talk about their upcoming event, "Green Dream Festival", which would be held in Gabrielino High School on January 16, 2010. High school students and local businesses will be there helping spread the word about the Green Dream Festival. They informed that they were working with Temple City High School and Pasadena Poly Tech High School to put together this festival; they added that the Green Dream Festival has been recognized by USC and Southern California Edison. The students asked Council for suggestions and ideas on how to further promote and publicize this event. Mayor Margaret Clark asked that staff put the flyer on the City's website to help the students promote the Green Dream Festival. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 3 of 12 Howard Kvi - 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. Kyi asked that Council pass a law to prevent this from further happening. Mayor Margaret Clark informed Mr. Kyi 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. Kyi 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. Kyi was referring to the street he lived on. Mr. Kyi responded that was correct. Mr. Taylor stated that in the past there has been selective enforcement and a motor officer can go out to the street and sit there and monitor the passing cars' speed. Mr. Kyi responded that an officer had done that but only for a few days. Mr. Taylor explained to Mr. Kyi that the City couldn't have an officer sit on his street every single day Juan Nunez - wished Council a Happy New Year and asked for explanation on an article he had read in reference to building a new Civic Center. He added that the more people you brought into the City the more problems the City was going to have. Council Member Steven Ly responded that his understanding of that item was that a new civic center was not going to be built but rather improve the current one; specifically improve the current parking situation in city hall and the Rosemead Community Center. Mayor Pro Tern Gary Taylor explained that part of the suggestion is to remove the wall between City Hall and the Rosemead Center to give it a more open appearance. Mr. Taylor also added that this would permit pedestrians to cross directly from one site to another without going around the wall and this would also be more pedestrian safe. Mr. Nunez added that he thought Rosemead was the jewel of the San Gabriel Valley and he didn't think that high-rise buildings 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 two 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 required for such dwellings that equal or exceed two thousand five hundred (2,500) square feet. Under the current regulations, the application fee for review of a CUP for large homes in the R-1 and R-2 zones is $1,000. If the proposed Municipal Code Amendment is adopted, there would be a cost savings for the homeowners due to the fact the fee for a Design Review application is $800. It is also important to note that the Design Review process will not alter the time that it will take the City to process the discretionary approval of a large home in the R-1 and R-2 zones. On December 7, 2009, the Planning Commission adopted Resolution No. 09-24 recommending approval of this municipal code amendment to the City Council. Recommendation: That the City Council adopt a Negative Declaration of Environmental Impacts finding that the project will not have a significant adverse effect on the environment. Staff further recommends that the Council 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. Senior Planner Paul Gary reviewed the staff report. Mayor Margaret Clark opened the public hearing at 7:43 p.m.; there being no one to speak on this item the public hearing was closed at 7:43 p.m. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to adopt a Negative Declaration of Environmental 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. 2010-01, for payment of City expenditures in the amount of $1,296,449.68 numbered 100619 and 100642 through 100665 and 68163 through 68315. Resolution No. 2010 - 07 Recommendation: Adopt Resolution No. 2010-07, for 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 No. 2010-08, for payment of City expenditures in the amount of $289,220.32 numbered 68445 through 68458. Resolution No. 2010 -12 Recommendation: Adopt Resolution No. 2010.12, for payment of City expenditures in the amount of $277,253.64 numbered 68459 through 68512. F. Resolution No. 2010.02 and No. 2010.03, Authorizing the Recordation of Irrevocable Offers of Dedication (Public Sewer Easements) for those Portions of LA County Assessors Parcel Nos. 5289-011-060 and 5289-011.061 Proposed for Use for Public Sanitary Sewers In accordance with Municipal Code Section No. 15.04.040, the owner(s) of the property located at 3047-3061 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 to advertise and solicit bids to complete the improvement project. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to approve the Consent Calendar EXCEPT for Item Nos. C, D, and E. Vote resulted in: 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 Act of 2010" by adoption Resolution No. 2010-10 Recommendation: That the City Council approve Resolution No. 2010-10 Juan Nunez - asked Council if they were going to support this resolution. He asked if this was like similar to SB18. Mayor Margaret Clark responded yes the City was going to support the resolution. Mrs. Clark explained that Prop 1 A 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 borrow 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 Tern 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, HUTA, 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 Officials to Receive and Review Sales and Use Tax Information The California Board of Equalization requires local governing boards to formally designate the titles and names of officials and personnel that are entitled to receive and review sales and use tax transaction data. The City last updated this resolution in 1985 and several of the positions included have different titles or no longer exist. Recommendation: That the City Council approve Resolution No 2010-11 amending the positions and personnel eligible to receive and review sales and use tax transaction data. Juan Nunez - asked what was so secret that no one else was allowed to know where the money was coming from. City Manager Jeff Allred explained that this was just a housekeeping measure because the last time this was updated was in 1985 and the names needed to be updated; this includes the current names and the current titles. Council Member Steven Ly asked if someone could explain to Mr. Nunez why only certain people were allowed to review sales and use tax transaction data. City Attorney Joseph Montes explained that under State Law sales and tax use information generated on a business by business level of detail is confidential; it is considered a trade secret. Only certain identified individuals within a city are able to access that information Mayor Pro Tem 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 The Fair Political Practice Commission (FPPC) amended FPPC Regulation Section 18944.1 on December 11, 2008, requiring local government agencies to develop a formal policy regarding the distribution of event tickets or passes from the City to any City Official. Resolution No. 2010.09 and subsequent distribution policy conforms with FPPC Section 18944.1 and will ensure the City remains in compliance with this regulation. The City Attorney has reviewed the proposed resolution and policy and concurs that they are in compliance with the law. Recommendation: That the City Council approve Resolution No. 2010-09 approving the adoption of a Ticket Distribution Policy. Juan Nunez - asked who receives these statements. City Attorney Joseph Montes stated that the intent of this policy is that the FPPC adopted a new regulation; the new regulation specifically addresses those instances where tickets to events are given to a city and a report is now required to show where those tickets end up going. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to approve Resolution No. 2010-09, approving the adoption of a Ticket Distribution Policy. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 8. MATTERS FROM CITY MANAGER & 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: 1. 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 financial report 4. The Single Audit Report on Federal Awards 5. The Auditor's internal controls letter 6. The Auditor's responsibility under OMB Circular A-133 letter 7. The Auditor's Report on Agreed Upon Procedures Director of Finance Steve Brisco reviewed the staff report. Mayor Pro Tern Gary Taylor stated that on the cover page of this item he noticed that item 2 and 3 were audited financial reports but it didn't say we have an audit financial report for the city. Mr. Brisco explained that the CAFR is the audited financial report and there is an auditor's statement in the CAFR. Mr. Taylor asked why that isn't audited with an audited financial report; he asked if this was an in-house approval. Mr. Brisco responded that the city had an independent auditor that did the audit on the city, redevelopment, and housing. No Action was taken on this item. Reports were received and filed. 9. MATTERS FROM MAYOR & CITY COUNCIL Council Member Steven Ly stated that he wanted to point out that recently the Executive Director of the L.A. Division of the League of California Cities, Mr. Ben Wong, has taken a job here in Rosemead for Southern California Edison to help manage the public affairs portfolio for the County's 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 possibly 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. Mrs. 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 and that the reason why the plan had not been updated was because the city was still waiting for the NIMS language. Mayor Pro Tern Gary Taylor asked what emergency plan the city had in place now. Mr. Allred replied that the city has a plan that is comprehensive and satisfies State requirements. Mr. Taylor asked if there was a totally new plan for the Federal. Mr. Allred replied that Council had the interim plan which included the SIMS language and when the NIMS language is incorporated the plan will simply be expanded. Council Member Sandra Armenta stated that Mr. Ly and she had just returned from Sacramento and were fortunate to have spoken to the local legislators and express their concerns about Rosemead; one thing that was stressed in Sacramento was the importance of the Census, which is coming up soon. She added that for every one person that was not counted, the city lost $1,300 per person per year. Mayor Margaret Clark stated that would be Federal money that the city would not receive. Council Member Steven Ly added that he had been informed by Jack Chao, EDI representative, that his car had been vandalized by some gang members; his car was keyed at his apartment building on Del Mar. Mayor Margaret Clark stated 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 Board 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 outraged about this incident; and they need to do a full investigation 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 a shame 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. The next joint Community Development Commission and City Council meeting is scheduled to take place on January 26, 2010 at 6:00 p.m. and 7:00 p.m., respectively at the Rosemead Community Development Center at 3936 North Muscatel Avenue, Rosemead. Margaret C k Mayor ATTEST: Gloria Molleda City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 12, 2010 Page 12 of 12 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 January 12, 2010 were duly and regularly approved by the Rosemead City Council on the 26th of January 2010, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None ria Molleda City Clerk