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CC - Minutes 06-08-10Minutes 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 and Community Development Commission was called to order by Mayor Taylor at 6:08 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Vice-Chair/Mayor Pro Tern Ly INVOCATION: Commissioner/Council Member Armenta PRESENT: Mayor/Chairman/Chair Taylor, Mayor Pro TemNice-ChairmanNice-Chair Ly, Council Member/Commissioner/ Board Member Armenta, and Council Member/Commissioner/ Board Member Low. ABSENT: Council Member/Commissioner/ Board Member Clark Council Member Clark had an excused absence because she attended the National League of Cities conference in Maryland. STAFF PRESENT: City Manager Allred, 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. 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 recommendin6 that=the Council include a standing agenda item at the beginning of each agenda to address !his 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 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 California Government Code section 36934 and therefore it is included as an agenda item. Mayor Taylor reiterated that it would be best that the titles should still be read so people may know what item is being discussed. Mayor Pro TemNice-Chair Ly made a motion, seconded by Council Member/Commissioner Low, to approve staff recommendation to included the reading of ordinances on the agenda as on going basis and waived further reading of ordinances. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark 2. PUBLIC COMMENTS FROM THE AUDIENCE 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 people with disabilities. 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. Mayor Pro Tern/Vice-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 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 Assistant City Manager Hawkesworth reviewed staff report. Council Member/Board Member Low made a motion, seconded by Council Member/Board Member Armenta, to designate dates for the Rosemead Finance Authority and adopt Resolution No. FA 2010- 01. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark 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. 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 Tem Ly- made a motion to receive and file the report and forward all related documents to the District Attorney's Office, Public 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. Economic Development Administrator Ramirez stated that the City did not receive anything from the operator as proof of their insurance when the agreement was signed. City Manager Allred explained that there should have been an effort to implement that provision and it was not implemented. City Attorney Montes explained that City can forward the report and other file materials to the District Attorney's office. Mayor Taylor asked that the letter include the $100,000 payment. Mayor Pro Tern Ly asked that staff provide the minutes when Council discussed how much the City should be receiving from the Hotel on a monthly basis and how it's not in the contract. Council MemberArmenta stated that the Operator was supposed to take out permits with the $50,000 first given to them and should be included in the letter to the DA's office. Mayor Pro Tern Ly made a motion, seconded by Council Member Armenta to file the report and forward all related Glendon Hotel documents to the District Attorney's office, Integrity Unit. Vote resulted in: , Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark 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 Rosemead Community Development Commission, Finance Authordy 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 Tern 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 reconvened back at 7:05 pm. City Attorney Montes reported that City Council voted 4-0 to authorized initiation of litigation if needed to enjoin the operation of the most recently discovered medical marijuana clinic. Minutes of the REGULAR CITY COUNCIL MEETING The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 7:06 PM in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Taylor, Mayor Pro Tern Ly, Council Member Armenta, and Council Member Low. ABSENT: Council Member Clark - Council Member Clark had an excused absence because she attended the National League of Cities conference in Maryland. STAFF PRESENT: City Manager Allred, 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 6. PUBLIC COMMENTS FROM THE AUDIENCE Daniel Garcia - expressed that the city did not have a commission on disability or anything relating to the American Disabilities Act to advise the City. Helen Gunther - expressed concern with a suspicious person in her neighborhood and advises everyone to report suspicious acts. Council Member Armenta 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 Sheriff's 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 people asking residents for money to paint their address on the curve. Mayor Taylor reiterated when re-painting of addresses is scheduled to start, there are people who ask residents to give money to paint their curbs. 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. City Manager Allred reviewed staff report Mayor Taylor opened the Public Hearing at 7:19 p.m. There being no comments, Mayor Taylor closed the Public Hearing at 7:19 p.m. Council MemberArmenta commented that residents on the list should have received a notice that a lien is being placed on their properties. Mayor Pro Tem Ly made a motion, seconded by Council Member Low to place liens on those properties whose owners have not paid their trash collection bills. Vote resulted in: 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 6 of 12 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 staffs 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 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 City Manager Allred reviewed staff report. Mayor Taylor opened the Public Hearing at 7:21 p.m. There being no comments, Mayor Taylor closed the Public Hearing at 7:21 pm. 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: 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 7 of 12 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 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 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 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 at 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 Mayor Taylor inquired about the finality of the list of item 8 E, and asked if the list included pictures of streets that Mayor Pro Tern Ly previously brought to Council. Deputy Public Works Director Marcarello explained that staff is keeping a list of the streets previously mentioned by Council and most have been included in the list. Mayor Pro Tern Ly made a motion, seconded by Council Member Low, to approve Consent Calendar. Vote resulted in: 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 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 Principal Planner Bermejo reviewed staff report Mayor Taylor- clarified that the Department of Alcohol Beverage Control will still issue a summary report that has to go to the Planning Commission. Mrs. Bermejo stated that was correct. Ms. Bermejo explained that when a conditional use permit is received, the Planning Department will request a report from ABC. For particular licenses, if there is over concentration the local government body can decide for ABC to not issue the license. Mayor Taylor stated the safety net is 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 Principal Planner 8ermejo 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 an application and the City does have another application on file for Walgreens that is pending. Mayor Pro Tern Ly made a motion, seconded by Council Member Armenta, to approve Resolution No. 2010.34. Vote resulted in: Yes: Armenta, Low, Ly, Taylor No: None Abstain: None Absent: Clark 10. MATTERS FROM MAYOR & CITY COUNCIL Mayor Pro Tem Ly inquired about the SRO update and when staff can deliver it to Council. Chief of Police Lieutenant Murakami stated that staff is working on it and will forward to Council soon Council Member Low mentioned that the Upper Water District dug up in some streets and repaved; she asked if they were done with what they are doing. City Manager Allred replied yes, the Upper San Gabriel Water District installed the recycled water line and put on an asphalt cap. Before the asphalt was dry, 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 the matter has been resolved. Council MemberArmenta 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 was filled there was asphalt missing Deputy Public Works Director Marcarello replied he was not aware of that, however the inspectors did look at the work done by the contractor and there is an agreement with the water district to make sure the street is brought back or bettered condition than what it was originally. Council Member Low asked if there was any plan on resurfacing that area. Mayor Taylor stated that he has been involved with construction and the new black asphalt will turn grey and the expense to re-slurry it and if the street is in good condition, the esthetics will blend in. City Manager Allred stated that for a while the trenches were not capped and it was softer; the cap that has been placed is hard. 11. ADJOURNMENT The meeting adjourned at 7:40 pm. The next regular joint Rosemead Community Development Commission, the 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. Gary Ta&V Mayor ~v/ ATTEST: Gloria Molleda City Clerk Rosemead Community Development Commission, Finance Authority and City Council Joint Meeting Minutes of June 8, 2010 Page 12 of 12 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes of June 8, 2010 were duly and regularly approved by the Rosemead City Council on the 22nd of June 2010, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None ~dl t c~ k kj~V s Gloria Molleda City Clerk