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CC - Item 8A - Minutes 6-8-10Minutes of the JOINT CITY COUNCIL AND FINANCE AUTHORITY AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING June 8, 2010 The regular meeting of the Rosemead City Council, Finance Authority Commission was called to order by Mayor Taylor at 6:08 p.m. in the R located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Vice-Chair/Mayor Pro Tern Ly INVOCATION: Commissioner/Council Member PRESENT: Mayor/Chairman/Chair Taylor, Mayor Pro Tem/Vic Member/Commissioner/ Board Member Armenta, and Council ABSENT: Council Member/Commissioner/ STAFF PRESENT: City Manager Allred, City Attorney Director of Finance Brisco, Director of,Parks and Recr Administrator Ramirez, Public Affairs Manager Flores, Clerk Molleda Z \ i I 1. READING OF ty Development Council Chamber Ly, Council / Board Member Low. riunity Development Director Wong, lery-Scott, Economic Development Works Director Marcarello, and City California Government Code section 36934 requires that prior to adoption, ordinances must be read, in their entirety\atk`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: Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 1 of 12 ITEM NO. B&- 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. City Attorney Montes explained that this is a procedural requirement under section 36934 and therefore it is included as an agenda item. / Mayor Taylor reiterated that it would be best that the titles is being discussed. Mayor Pro TemNice-Chair Ly made a motion, second approve staff recommendation to included the readin basis and waived further reading of ordinances. Vote Yes: Armenta, Low, Ly, Taylor. No: None 1 Abstain: None Absent: Clark 2. PUBLIC COMMENTS FROM THE AUDIENCE Code read so,people may know what item the agenda to Daniel Garcia - representative of Community Disability'Services expressed concern with the availability of the agenda for people with\disabilities.,Mr. Garcia stated he would like to work with the City on providing more information to oeoole with disabilitiesli -__i/ 3. Claims and ution No. 2010 -19 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. Mayor Pro TemNice-Chair Ly made a motion, seconded by Council Member/Commissioner Armenta, to approve Consent Calendar. Vote resulted in: Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 2 of 12 Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark 4. Matters from Executive Director and Staff A. Designation of Dates For Regular Meetings of the The Rosemead Financing Authority was created on Tax Increment Bonds issuance. At the time of crea regularly scheduled meetings would be held was nc 6592.1 which became effective January 1, 2010 req related to the issuance of bonds be held at a,regula Since the Preliminary Official Statement and"suppoi CDC and the Financing Authority on June'22nd, the schedule must be done prior to taking any action or Recommendation: That the-,F fourth Tuesdays of each montl the Financing Authority will be Resolution No. FA 2010-01, ei ING Assistant City Manager Council Memberl6 ao Armenta,-to designate 01. Vote resulted in: Armenta,'Low, Ly, None B. The Glendon Hotel Update ng Authority uary' ,1\ 2006 as part of the 2006 formal action to designate when uired. Government Code Section that any action by the Authority heduled meeting•of the Authority. resolutions will be brought before the jnation of the regularly,meeting proposed bond issuance. Financing Authority designate the second and .m. as the regular meeting schedule (meetings of as needed to cohductbusiness) and adopt 1RD OF THE ROSEMEAD FINANCING MEETING DATES staff Dtiori, seconded by Council Member/Board Member Finance Authority and adopt Resolution No. FA 2010- 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. Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 3 of 12 Recommendation: That the Community Development Commission receive and file the report. Mayor Pro Tern Ly- made a motion to receive and file the report and forward all related documents to the District Attorney's Office, Integrity Unit. Mayor Taylor- inquired about the bonding company. Mr. Taylor referred to page 7, section 14B, which required a Fidelity Bond that would protect the Commission in case there was misapplications of funds by the operator. /5/1~ Economic Development Administrator Ramirez stated that the City as proof of their insurance when the agreement was signed. City Manager Allred explained that there should have been not implemented. f City Attorney Montes explained that City can forward the Attorney's office. Mayor Taylor asked that the letter include the Mayor Pro Tem Ly asked that staff provide the minutes be receiving from the Hotel on a monthly basis and't w Council MemberArmentacstated that the Operator w& given to them and should be•included in the letter to the Mayor Pro Tern forward all relit Yes: Armenia, Low, Ly, No: None Abstain: Nonel Absent: Clark i 5. CLOSED SESSI A. Conference with Labor Negotiator Government Code Section 54957.6; from the operator and it was to how much the City should take out permits with the $50,000 first Member Armenta to file the report and ict Attorney's office, Integrity Unit. Vote Negotiator for the City: City Manager Jeff Allred and Human Resources Manager Su Tan Employee Unit: Rosemead Employees Association Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 4 of 12 City Attorney Montes requested that an additional closed session item be added for discussion as consideration of Initiation of Litigation Government Code Section 54956.9 C. Mayor Pro Tem Ly made a motion, seconded by Council Member Armenta to add possible Initiation of Litigation item for discussion for closed session. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark City Council recessed to Closed Session at 6:25 pm and reconw reported that City Council voted 4-0 to authorized initiation ig most recently discovered medical marijuana clinic. Minute Zft REG ULAR CITY COUNCIL P The regular meeting of the Rosemead City Council was called to Rosemead City Council Chamber located at 8838 East Valley Bc PRESENT: Mayor Taylor, Mayor Pro Tern Ly, ABSENT: Council Member STAFF PRESENT: Director of Finance Administrator Raml Clerk Molleda'r 6. American Helen Gunther - expn report suspicious acts. at 7:05 pm. City Attorney Montes eded to enjoin the operation of the Taylor at 7:06 PM in the ead, California. Member Low. i-Manager Allred, City Attorney Montes, Community Development Director Wong, co, Director of Parks and Recreation.Montgomery-Scott, Economic Development Public Affairs,Manag er Flores,.Deputy Public Works Director Marcarello, and City City. not have a commission on disability or anything relating to the with a suspicious person in her neighborhood and advises everyone to Council MemberArmenta stated that the residents should be encouraged to call the Sheriff's Department when they see something suspicious in their neighborhood. Council Member Low asked if the Sheriffs Department can have a respond time log so people can be more aware of respond times for different issues. Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 5 of 12 Sharon Esquiviel - asked if the residents will get their address painted on the curbs in front of their homes anytime soon. Deputy Public Works Director Marcarello explained that curbs painting will be done throughout the City as the Slurry Seal Project commences. Mayor Taylor stated that it was done more efficiently when a contractor would come in the city to re-paint addresses on curves. Council Member Armenta commented that in the past there have been paint their address on the curve. Mayor Taylor reiterated when re-painting of addresses is residents to give money to paint their curbs. Consideration of the Imposition of Rubbish a Public Hearing has been real property from those CL who ask 13olidated Disposal Services, ig the imposition of liens on their trash collection bills. (place liens on those properties in full by 6:00 p.m. on June 30, 2010. City Manager Allred being no comments, Mayor Taylor closed the on the list should have received a notice that a lien is Mayor Pro Tern L) properties whose No: None Abstain: None Absent: Clark 3n, seconded by Council Member Low to place liens on those not paid their trash collection bills. Vote resulted in: Low, Ly, Taylor Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 6 of 12 residents for money to 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 Califomia,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 rema ability to effectively implement SB 731. Due to~City s review of SB 371 and AB 1822, as well as review of t and its implementation of SB 731, the limited 45-day amount of time to undertake a thorougnreview of the to determine how such regulations may need'to be,re 1822 and SB 731. Taken together, this warrants the ( adoption of Urgency Interim Ordinance No. 900 to ex 897 for a period of ten (10) months and fifteen (15) d~ Recommendation: That the City~G AN ORDINANCE OF THE CITY CC ESTABLISHING k MORATORIUM APPROYAL~,,OR ENTITLEMENT P AND MASSAGE TECHNICIANS City tiesregarding the Council's 's and theCity,Attorney's on-going Council's interpretations of SB 731 iod has not provided 'a sufficient ty s current massage regulations and ed'to work in conjunction with AB Council's consideration of the Interim Ordinance No. 897, entitled: L OF THE CITY OF ROSEMEAD, CALIFORNIA, -IE ISSUANCE OF ANY NEW PERMIT, LICENSE, INING TO NEW MASSAGE ESTABLISHMENTS Mayo/Taylor opened the Public`H\earino t l.21%p. m. There being no comments, Mayor Taylor closed the Public Hear\\:21 pm. 1 1/ Council Member Low made a motion, seconded by Council Member Armenta, to adopt Urgency Interim Ordinance,No. 900 to extend Urgency Interim Ordinance No. 897 for a period of ten (10) months and fifteen (15)) days/Vote resulted in: Yes: ArmenLow, Ly, Taylor No: None Abstain: None Absent: Clark Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 7 of 12 8. CITY COUNCIL CONSENT CALENDAR I A. Minutes April 27, 2010 - Regular Meeting B. Claims and Demands Resolution No. 2010 - 35 Recommendation: to approve Resolution No. 2010 -35, entitle"d~ RESOLUTION NO.201,0 - 35, FOR PAYMENT OF AMOUNT OF $802,408.52 NUMBERED 100850 T1 69972, INCLUSIVELY. C. Ordinance 896 - Second Reading: Concerning the Maximum Bingo P On May 25, 2010, the City Council introduced OTdiir 5.20.110 of the Municipal Cotle,changing the maxin Ordinance No. 896 is now before Council at the req Recommendation: That the Cit entitled: AN ORDINANCE OF THE CITY LOS ANGELES. STATE OF CA AMOUNT EXPENDITURES IN THE GH 100864 AND 69830 AND 8.20.110 of the,Municipal Code No. 896, which amends Chapter ingo payout from $250 to $500. second,reading for adoption. 896 at its second reading, OF THE CITY OF ROSEMEAD, COUNTY OF AMENDING CHAPTER 5.20.110 OF THE NING THE MAXIMUM BINGO PAYOUT of Agents.to Execute on Behalf of the City for the Purpose of Obtaining State and'Federal Financial Assistance through Emergency Management Assistance Programs \ ` ` V uncil will consider adoption of Resolution No. 2010-38 authorizing officials and to takeractions on behalf of the City to obtain financial assistance from State and ,ncies for emergency preparedness and disaster relief. 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 Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 8 of 12 E. Proposition 1B Transportation Bond Local Streets and Roads Improvement I 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. %j Resolution No. 2010.37, Consenting to the I Dedication for those Portions of LA County Proposed for Use for Public Sidewalks and In accordance with the City of Rosemead,Miinicip owner(s) of the property located at 2515 Angelus submitted an executed irrevocable offer of dedica has been determined by the City Engineer to ber installation of a street tree in,accordance with city Recommendation: That the A RESOLUTION OF THE CITY COUN AUTHORIZING THE-RECORDATION' PORTIONS'OF LkCOUNTY ASSES: USE FO \\C SIDEWALKS AND Mayor Taylor inquired about the finality. of the list-of.ite that Mayor Pro Tem Ly previouslybrought to Cbuncil.f Irrevocable Offer of No. 5283-016-024 Section No. irrevocable offer of dedication and appropriate to permit the 2010-37, entitled: ,OF THE CITY'OF ROSEMEAD, CALIFORNIA, THE OFFER OF DEDICATION FOR THOSE S PARCEL NO. 5283-016-024 PROPOSED FOR and asked if the list included pictures of streets Works Director Marcarello explalried that staff is keeping a list of the streets previously ,ouncil and most have been included in the list. Mayor Pro Tem1y,made a motion, seconded by Council Member Low, to approve Consent Calendar. Vote resulted in\ \ j Yes: Armenta, Low, Ly, Taylor No: None/ Abstain: None Absent: Clark Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 9 of 12 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 BeverageControl 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 No. 201 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. ALE OR ON-SALE LIQUOR LICENSES WHERE A FINDING OF UNDUE CONCENTRATION•HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE Principal Planner Mayor Taylor- clarified 1 has to go to the Planning Mrs. Bermejo"stated th'at,w the Planning Department v the local government body Mayor Taylor stated the safety of Alcohol Beverage Control will still issue a summary report that Ai§,Bermejo explained that when a conditional use permit is received, report-from ABC. For particular licenses, if there is over concentration for ABC to not issue the license. that it can be appealed in the City Council. City Manager Allred explained this ordinance has an important economic development purpose. For example the Auto Auction property, which can be development with restaurants, if deemed as undue concentration in that area, restaurants would have difficulty opening up. The action by Council will give flexibility to make a case by case determination. Mayor Taylor expressed concern with smaller facilities such as restaurants in a shopping center that may serve alcohol, would ABC still control that. Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 10 of 12 j Principal Planner Bermejo explained that with restaurant establishments, they wouldn't go through this public convenience or necessity finding, which is handled through ABC and the applicant makes an application directly to ABC office. The City Council and the Planning Commission in this case would be involved for a bar, an off-sale license such as Target, Walgreens, Rite-aid or a liquor store. The criteria the Planning Commission would use a particular service is augmenting in the community and focusing on a segment not being served, that would be convenience or necessity finding. Ms. Bermejo stated that Fresh and Easy Market were on an over concentrated area, but since there were no other markets that sold the type of items to the community in this area it was a public need for that type of service. , Mayor Taylor asked if Target had gone through the same procedure. Mrs. Bermejo stated that Target has been interested in making application on file for Walgreens that is pending. Mayor Pro Tern Ly made a motion, seconded by 2010.34. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark x ! 10. MATTERS FROM MAYOR & CITY COUNCIL Mayor Pro Tern Ly inquired,about the SRO update Chief of Police Lieutenant Murakami stated that staff is Council asked if City does have another to ution No. staff can deliver it to Council. on it and will forward to Council soon. dug up in some streets and repaved; she City 1vlanager,Allred replied yes, the Uppe?)San Gabriel Water District installed the recycled water line and put on an asphalt cap. Before the aspt alt waslry, cars were allowed to drive on it and left tire marks on Walnut Grove. The City contacted the Contractor and the Upper San Gabriel Water District and agreed that they would clean up and tthhe,matter hes'been resolved. Council Member Armenta stated that she noticed the new lines on the pavement, because previously there were no lines and you could not see where the lanes were. City Manager Allred explained that it was part of the agreement the contractor would restripe the entire street. Deputy Public Works Director Marcarello stated initially the district was required to restripe a portion of the street but staff was able to get them to restripe from Garvey all the way to San Gabriel Boulevard. In addition the contractor used thermoplastic tape which has a longer life span. Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 11 of 12 Council Member Low asked that the contractor dug up and paved and on Walnut Grove; yet the rest of the street it seemed that a different type of asphalt material was used and it has a different feel. Deputy Public Works Director Marcarello explained that staff attends a quarterly Utility meeting where all other utility companies attend and discuss what projects they have and what we have, and we try to coordinate our projects. If the City resurfaces a street, we do not want the water district to come down and dig it up a month later. Also, there is a moratorium plan to not allow a company to come and do the same; the moratorium prevents a company from doing that. Council Member Armenta stated that adjacent to where the trench Deputy Public Works Director Marcarello replied he was not the work done by the contractor and there is an agreement % brought back or bettered condition than what it was originall,, Council Member Low asked if there was any plan on v that was asphalt missing. however the inspectors did look at district to make sure the street is Mayor Taylor stated that he has been involved with construction's the expense to re-slurry it and if the street is in good condition, the City Manager Allred stated that for a while the been placed is hard. 11. ADJOURNMENT The meeting adjourned at the Financing Authority, ai and 7:00 o.m,tesoectivel ATTEST: n. The next regular joint Council.meetin( Gloria Molleda City Clerk new black asphalt will turn grey and cs will blend in. capped and it,was softer; the cap that has mead Community Development Commission, to take place on June 22, 2010 at 6:00 p.m. Gary Taylor Mayor Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 12 of 12 1