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CC - Agenda 7-8-10Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this, agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead City Council, Community Development Commission, and Financing Authority JOINT MEETING AGENDA June 8, 2010 6:00 PM City Hall Council Chamber 8838 E: Valley Boulevard, Rosemead, California 91770 www.cityofrosemead.org Gary Taylor, Mayor Steven Ly, Mayor Pro Tem Sandra Armenta, Council Member Margaret Clark, Council Member Polly Low, Council Member ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 Community Development Commission, City Council, and Financing Authority Meeting Agenda • CALL TO ORDER - 6:00 PM • PLEDGE OF ALLEGIANCE - Vice-Chair/Mayor Pro Tern Ly • INVOCATION - Commissioner/Council Member Armenta • ROLL CALL: o CDC -Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low o Financing Authority- Chair Taylor, Vice-Chair Ly, Board Members Armenta, Clark, Low o City Council -Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low 1. READING OF ORDINANCE TITLES A. Reading of Ordinance Titles California Government Code section 36934 requires that prior to adoption, ordinances must be read in their entirety at either the Council meeting at which they are introduced or adopted, unless reading, other than the title of the Ordinance, is waived. In order not to miss this procedural step, many cities routinely include an agenda item at the front of the agenda, seeking a motion from the City Council to approve all ordinances by title only. The alternative is to include as part of the motion approving an ordinance first reading or adoption a request that further reading of the ordinance be waived. In order to avoid missing that as part of a motion, the City Attorney's office is recommending that the Council include a standing agenda item at the beginning of each agenda to address this procedural issue as set forth below: Recommendations: 1. That the City Council and the Community Development Commission determine that the titles to all ordinances which appear on this public agenda have been read, and waived further reading; and 2. That this item of "Reading of Ordinance Titles" be included on City Council meeting agendas on an ongoing basis. 2. PUBLIC COMMENTS FROM THE AUDIENCE Page 2 of 8 •o ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 3. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2010 -19 Recommendation: to approve Resolution No. 2010 -19, entitled: RESOLUTION NO. 2010 -19 FOR PAYMENT OF COMMISSION EXPENDITURES IN THE AMOUNT OF $113,118.70 DEMAND NOS. 10086 AND NOS. 11272 THROUGH 11279. 4. Matters from Executive Director and Staff A. Designation of Dates For Regular Meetings of the Rosemead Financing Authority The Rosemead Financing Authority was created on February 1, 2006 as part of the 2006 Tax Increment Bonds issuance. At the time of creation, formal action to designate when regularly scheduled meetings would be held was not required. Government Code Section 6592.1 which became effective January 1, 2010 requires that any action by the Authority related to the issuance of bonds be held at a regularly scheduled meeting of the Authority. Since the Preliminary Official Statement and supporting resolutions will be brought before the CDC and the Financing Authority on June 22nd, the designation of the regularly meeting schedule must be done prior to taking any action on the proposed bond issuance. Recommendation: That the Rosemead Financing Authority designate the second and fourth Tuesdays of each month at 6:00 p.m. as the regular meeting schedule (meetings of the Financing Authority will be convened as needed to conduct business) and adopt Resolution No. FA 2010-01, entitled: ' RESOLUTION OF THE GOVERNING BOARD OF THE ROSEMEAD FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES B. The Glendon Hotel Update At the May 25, 2010 Commission meeting, it was requested that the complete file on the Glendon Hotel (8832 Glendon Way) be placed on the next regular Commission meeting agenda. Also, as directed by the Commission, negotiations have commenced on the sale of the property to a private firm; and appropriate measures have been taken in an effort to recover $55,384 owed to the Commission by the former Hotel Operator. of 8 ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA - June 8, 2010 Recommendation: That the Community Development Commission receive and file the report. 5. CLOSED SESSION A. Conference with Labor Negotiator Government Code Section 54957.6; Negotiator for the City: City Manager Jeff Allred and Human Resources Manager Su Tan Employee Unit: Rosemead Employees Association Page 4 of 8 ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 City Council :•and Community Development Commission Meeting Agenda • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE -Mayor Pro Tem/Vice-Chair Ly • INVOCATION -Council Member/Commissioner Armenta • ROLL CALL: o City Council -Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark, Low o CDC -Chair Taylor, Vice-Chair Ly, Commissioners Armenta, Clark, Low 6. PUBLIC COMMENTS FROM THE AUDIENCE 7. PUBLIC HEARINGS A. Consideration of the Imposition of Rubbish Liens Pursuant to the contract between the City of Rosemead and Consolidated Disposal Services, a Public Hearing has been scheduled to consider protest regarding the imposition of liens on real property from those customers who are delinquent in paying their trash collection bills. Recommendation: That the City Council direct staff to place liens on those properties whose owners have not paid their trash collection bills in full by 6:00 p.m. on June 30, 2010. B. Extension of Urgency Ordinance No. 897 to prohibit Issuance of any New Permit, License, Approval, or Entitlement pertaining to New Massage Establishments and Massage Technicians On May 11, 2010, pursuant to Government Code section 65858, the City Council enacted Urgency Ordinance No. 897, which imposed a moratorium on the issuance of any new permit, license, approval, or entitlement pertaining to new massage establishments and massage technicians for a period of 45 days. During this 45-day period, staff and the City Attorney have begun to monitor the initial operations of the California Massage Therapy Council, as well as the interaction between Assembly Bill 1822 ("AB 1822") and Senate Bill 731 ("SB 731"). There remains a considerable delay in the processing of applications by the California Massage Therapy Council, and there remain uncertainties regarding the Council's ability to effectively implement SB 731. Due to City staff's and the City Attorney's on-going review of SB 371 and AB 1822, as well as review of the Council's interpretations of SB 731 and its implementation of SB 731, the limited 45-day period has not provided a sufficient Page 5 of 8 ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 amount of time to undertake a thorough review of the City's current massage regulations and to determine how such regulations may need to be revised to work in conjunction with AB 1822 and SB 731. Taken together; this warrants the City Council's consideration of the adoption of Urgency Interim Ordinance No. 900 to extend Urgency Interim Ordinance No. 897 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council adopt Ordinance No. 897, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS Y 8. CITY COUNCIL CONSENT CALENDAR A. Minutes April 27, 2010 - Regular Meeting B. Claims and Demands Resolution No. 2010 - 35 Recommendation: to approve Resolution No. 2010 - 35, entitled: RESOLUTION NO. 2010 - 35, FOR PAYMENT OF CITY EXPENDITURES IN THE AMOUNT OF $802,408.52 NUMBERED 100850 THROUGH 100864 AND 69830 AND 69972, INCLUSIVELY. C. Ordinance 896 - Second Reading: Amending Chapter 8.20.110 of the Municipal Code Concerning the Maximum Bingo Payout Amount On May 25, 2010, the City Council introduced Ordinance No. 896, which amends Chapter 5.20.110 of the Municipal Code changing the maximum bingo payout from $250 to $500. Ordinance No. 896 is now before Council at the required second reading for adoption. Recommendation: That the City Council adopt Ordinance No. 896 at its second reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHAPTER 5.20.110 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING THE MAXIMUM BINGO PAYOUT AMOUNT Page 6 of 8 ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 D. Authorization of Agents to Execute on Behalf of the City for the Purpose of Obtaining State and Federal Financial Assistance through Emergency Management Assistance Programs The City Council will consider adoption of Resolution No. 2010-38 authorizing officials and employees to take actions on behalf of the City to obtain financial assistance from State and Federal agencies for emergency preparedness and disaster relief. Recommendation: That the City Council approve Resolution No. 2010-38, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPOINTING AND APPROVING AUTHORIZED AGENTS TO EXECUTE FOR AND ON BEHALF OF THE CITY OF ROSEMEAD FOR THE PURPOSES OF OBTAINING STATE AND FEDERAL FINANCIAL ASSISTANCE THROUGH EMERGENCY MANAGEMENT ASSISTANCE PROGRAMS E. Proposition 1 B Transportation Bond Local Streets and Roads Improvement The California Department of Finance requires cities to identify a list of potential street improvement projects that may be completed using Proposition 1 B funding. $853,729.42 has been allocated to the City of Rosemead for the 2010-11 fiscal year. Recommendation: That the City Council approve the list of potential projects as required by the California Department of Finance to establish eligibility and participation in Proposition 1 B Local Streets and Roads Improvement Funds. Resolution No. 2010-37, Consenting to the Recordation of the Irrevocable Offer of Dedication for those Portions of LA County Assessors Parcel No. 5283-016.024 Proposed for Use for Public Sidewalks and Amenities In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the owner(s) of the property located of 2515 Angelus Avenue, Rosemead, California have submitted an executed irrevocable offer of dedication. The irrevocable offer of dedication has been determined by the City Engineer to be necessary and appropriate to permit the installation of a street tree in accordance with city standards. Recommendation: That the City Council approve Resolution No. 2010-37, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING THE RECORDATION OF THE OFFER OF DEDICATION FOR THOSE PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5283-016-024 PROPOSED FOR USE FOR PUBLIC SIDEWALKS AND AMENITIES Page 7 of 8 ROSEMEAD CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND FINANCING AUTHORITY JOINT MEETING AGENDA- June 8, 2010 9. MATTERS FROM CITY MANAGER & STAFF A. Establishment of Procedures and Criteria for Determination Whether Public Convenience or Necessity will be Served by Issuance of Off-Sale or On-Sale Liquor Licenses Where a Finding of Undue Concentration has been made by the Department of Alcohol Beverage Control In certain instances (i.e., to facilitate economic development) the City may wish to have the flexibility to allow for the sale of alcohol in an area that has been deemed to have an undue concentration of such establishments. Resolution No. 2010-34 would establish procedures and criteria for reviewing the public convenience or necessity of issuing alcohol licenses in areas where the Department of Alcohol Beverage Control has determined an undue concentration of licenses exists. The resolution designates the Planning Commission as the decision making body to review such situations and make findings. Recommendation: That the City Council approve Resolution No. 2010-34, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING PROCEDURES AND CRITERIA FOR DETERMINATION OF WHETHER PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ISSUANCE OF OFF-SALE OR ON-SALE LIQUOR LICENSES WHERE A FINDING OF UNDUE CONCENTRATION HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL 10. MATTERS FROM MAYOR & CITY COUNCIL; 11. ADJOURNMENT The next regular joint Community Development Commission, the Rosemead Financing Authority, and City Council meeting is scheduled to take place on June 22, 2010 at 6:00 p.m. and 7:00 p.m., respectively. Page 8 of 8