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CC Agenda 08-09-11 Steven Ly, Mayor Sandra Armenta, Mayor Pro Tem William Alarcon, Council Member Margaret Clark, Council Member Polly Low, Council Member Rosemead City Council and Community Development Commission JOINT MEETING AGENDA August 9, 2011 6:00 PM Council Chamber 8838 E. Valley Boulevard Rosemead, CA 91770 www.cityofrosemead.org Public 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 24 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 AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 2 of 9 City Council and Community Development Commission CALL TO ORDER – 6:00 PM PLEDGE OF ALLEGIANCE – Commissioner/Council Member Low INVOCATION – Chair/Mayor Ly ROLL CALL: o CDC – Chair Ly, Vice-Chair Armenta, Commissioners Alarcon, Clark, Low o City Council – Mayor Ly, Mayor Pro Tem Armenta, Council Members Alarcon, Clark, Low 1. ORDINANCES READ BY TITLE ONLY State law requires that all ordinances be read in full prior to the City Council/Agency Board taking action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all ordinances by title only. Recommendation: That the City Attorney be instructed to read all ordinances which appear on this agenda by title only, and that further reading be waived. 2. PUBLIC COMMENTS FROM THE AUDIENCE The City Council will receive public comments on matters not listed on the agenda. 3. PUBLIC HEARING A. Continued Public Hearing on the Declaring of Surplus Personal Property at 8832 Glendon Way and the Authorization to Dispose of Said Personal Property through a Public Auction Company On February 22, 2011, the Rosemead Community Development Commission approved a Purchase and Sale Agreement with the Qiao Garden Hotel Investment, Inc. for the former Glendon Hotel located at 8832 Glendon Way. Prior to the close of escrow, the Commission is required to remove all personal property (i.e. furnishings) from this site. This is a 53-room fully furnished hotel. Neither the Commission nor the City of Rosemead has a need for any of the furnishings or has room to store all the items. Instead, it would be recommended to declare all items on this site as surplus, and authorize the Executive Director to dispose of said property through a public auction company. ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 3 of 9 Recommendation: That the Community Development Commission take the following actions: 1. Conduct the public hearing and take public testimony; 2. Approve Resolution No. CDC 2011-21, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF DECLARING CERTAIN PROPERTY LOCATED AT 8832 GLENDON WAY, ROSEMEAD SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY BY THE EXECUTIVE DIRECTOR FOR THE BENEFIT OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION 3. Authorize the Executive Director to dispose of said personal property through a Public Auction Company 4. COMMISSION CONSENT CALENDAR A. Claims and Demands Resolution No. 2011 – 28 Recommendation: to approve Resolution No. 2011 – 28, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $35,468.45 DEMAND NOS. 11561 THROUGH 11570 Resolution No. 2011 – 29 Recommendation: to approve Resolution No. 2011 – 29, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,436.42 DEMAND NOS. 11571 THROUGH 11573 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 4 of 9 City Council and Community Development Commission Meeting Agenda CALL TO ORDER – 7:00 PM PLEDGE OF ALLEGIANCE – Council Member Low INVOCATION – Mayor Ly ROLL CALL: o City Council – Mayor Ly, Mayor Pro Tem Armenta, Council Members Alarcon, Clark, Low o CDC – Chair Ly, Vice-Chair Armenta, Commissioners Alarcon, Clark, Low 5. PUBLIC COMMENTS FROM THE AUDIENCE The City Council will receive public comments on matters not listed on the agenda. 6. CITY COUNCIL CONSENT CALENDAR A. Minutes July 22, 2011 – Special Meeting B. Claims and Demands Resolution No. 2011 – 43 Recommendation: to approve Resolution No. 2011 – 43, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $316,572.70 NUMBERED 74293 THROUGH 74344 INCLUSIVELY Resolution No. 2011 – 44 Recommendation: to approve Resolution No. 2011 – 44, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $581,089.68 NUMBERED 101340 THROUGH 11344 AND 74277 THROUGH 74424 INCLUSIVELY ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 5 of 9 C. Ordinance 917 – Second Reading: The City Council of the City of Rosemead, Determining it will Comply with the Voluntary Alternative Redevelopment Program Pursuant to Party 1.9 of Division 24 of the California Health and Safety Code in order to Permit the Continued Existence and Operation of the Rosemead Community Development Commission On July 26, 2011, the City Council introduced Ordinance 917, determining to comply with the alternative voluntary Redevelopment Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Rosemead Community Development Commission. The ordinance is now before Council for the required second reading. Recommendation: That the City Council adopt, Ordinance No. 916, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DETERMINING TO COMPLY WITH THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION D. Adoption of the Updated 2011 Congestion Management Program and 2011 Local Development Report The Congestion Management Program (CMP) is a state mandated program that helps address the impact of urban congestion in local communities. The CMP requires that cities in Los Angeles County file a Local Development Report (LDR) indicating the City’s actions taken to reduce traffic congestion in the region. In order to meet its requirements, the City must adopt a resolution finding the City of Rosemead in compliance with the CMP for Los Angeles County and also submit a Local Development Report. Recommendation: That the City Council : 1. Approve Resolution No. 2011-46, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 6 of 9 2. Adopt the 2011 Local Development Report; and 3. Authorize staff to submit the CMP Local Development Report to the Los Angeles County Metropolitan Authority. 7. MATTERS FROM CITY MANAGER & STAFF A. Off-Site Free Standing Sign Design and Lease Agreement The City Council will consider approval of sign design and a sign lease agreement with the Qiao Garden Group Real Estate Company, Ltd. (Qiao Garden Group) for the construction of an off-site free standing sign in the public right-of-way next to the I-10 off of Ivar Avenue and Olney Street. Recommendation: That the City Council take the following actions: 1. Approve the Sign Design for an off-site free standing sign in the public right-of-way next to the I-10 off of Ivar Avenue and Olney Street; 2. Approve a Lease Agreement with the Qiao Garden Group that would allow them to erect an off-site free standing sign in a portion of the public right-of-way next to the I-10 off of Ivar Avenue and Olney Street that is not needed for vehicular or pedestrian use; 3. Authorize the City Manager to execute the Lease Agreement only upon approval of the land use entitlements by the City and any required approvals by Caltrans. B. Draft City Tree Ordinance – “Tree City USA” Designation Trees significantly enhance the overall beauty of the environment and raise the quality of life for all who live and work in the City. The City of Rosemead currently owns about 5,200 trees that are located within the City right-of-way and at parks/facilities. The local urban forest is an important community asset, and as such, the City has continued a proactive approach to ensure that City trees remain healthy, aesthetically pleasing, and safe for the public. A street tree ordinance will help to protect all City-owned trees, set standards for tree maintenance, and establish an appropriate diversity in tree species throughout the community. The ordinance also is a requirement for the City to earn the designation as a “Tree City USA”. Recommendation: That the City Council review the proposed tree ordinance categories and direct staff to prepare an ordinance for further consideration. ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 7 of 9 C. Administration Citation Ordinance and Resolution Adoption As part of the 2011-12 Budget development process, City staff proposed the adoption of an Administrative Citation ordinance which would allow the City the option to issue Administrative Citations rather than filing misdemeanor complaints for Code Enforcement related violations. Under the current process of issuing misdemeanor citations, the courts retain the majority of the fines and fees collected leaving the City to pay for all the legal costs without any reimbursement. Under the proposed Administrative Citation process, the City would retain all fines collected while pursuing administrative compliance rather than filing misdemeanor criminal charges. Many cities have made the shift to an Administrative Citation process for these same reasons with very positive results. In conjunction with the adoption of the ordinance is a fee resolution establishing the fines and fees associated with an Administrative Citation. Staff will continue to issue warning notices prior to a citation in most cases to gain compliance, and these fines would be assessed only when a citation has been issued. Additionally, fines will increase with subsequent violations to discourage repeat offenders. Included in the fee resolution is an administrative fee which will cover the costs to process the citation and any subsequent collection efforts that must be made. Staff will seek a third-party vendor to handle the citation processing and collection efforts, and this fee will cover all the costs associated with citation processing which will further reduce the impacts to the General Fund. Recommendation: That the City Council take the following actions: 1. Approve the first reading of Ordinance No. 918, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CHAPTER 1 OF, ADDING PART 16.30 AND ADDING PART 20 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS 2. Approve Resolution No. 2011-45, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IMPLEMENTING THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS D. Savannah Cemetery In-Kind Services The City Council will consider approval of a cooperative Memorandum of Understanding (MOU) with the El Monte Cemetery Association for the provision of in-kind services at Savannah Memorial Park located 9263 Valley Boulevard in Rosemead ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 8 of 9 Recommendation: That the City Council authorize the Mayor to execute a Memorandum of Understanding between the City of Rosemead and the El Monte Cemetery Association dba: Savannah Memorial Park. E. Temporary Location of September 11th Memorial Recent state legislation has impacted local Redevelopment agency activities. Among the City of Rosemead projects delayed as a result of state actions is the proposed Civic Center Plaza. This, in turn, will impact permanent installation of the September 11th Memorial. It is, therefore, proposed that early demolition occur to parts of the existing plaza to accommodate temporary installation of the Memorial and the crowds expected to attend the dedication ceremony on September 11, 2011. Recommendation: That the City Council authorize the demolition of the fountain, a portion of the seat wall, and a concrete bench currently located in the existing plaza to be temporarily replaced by concrete to ensure adequate space for the upcoming September 11th Memorial Dedication. F. Resolution in Support of Extended Producer Responsibility The California Product Stewardship Council (CPSC) has asked California cities, counties, and other government agencies to support extended producer responsibility (EPR), an effort to help ensure to proper disposal of household hazardous waste (HHW), universal waste, medical waste (sharps/pharmaceutical waste) and other problematic products at the end of their useful life. This effort is designed to help shift the financial burden from government agencies and rate payers to the producers of the products. EPR will benefit the community by driving a better, healthier product design that reduces the toxicity and volume of the waste stream and ensure more available collection options for these products. This issue was recently discussed by the San Gabriel Valley Council of Governments which has asked member cities to support this initiative. Recommendation: That the City Council authorize the Mayor to sign Resolution No. 2011-47, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING EXTENDED PRODUCER RESPONSIBILITY 8. MATTERS FROM MAYOR & CITY COUNCIL A. Consideration to Cancel the August 23, 2011 Community Development Commission and City Council Joint Meeting ROSEMEAD CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA August 9, 2011 Page 9 of 9 Due to upcoming scheduling conflicts and no scheduled business items, the City Council will consider action to cancel the August 23, 2011, Community Development Commission and City Council Meetings. Meeting cancellation will result in cost savings of City attorney’s fees. The next regular scheduled meeting date will be September 13, 2011. Recommendation: That the City Council give staff further direction. B. Garvey Avenue Vision Plan Subcommittee Mayor Ly is proposing the formation of a City Council subcommittee for the development of a Garvey Avenue Vision Plan. The Garvey Avenue Vision Plan Subcommittee would be comprised of two members of the City Council and one member from the Planning Commission and one member from the Traffic Commission to be appointed by the City Council. The subcommittee would also be supported by staff representatives designated by the City Manager. 9. ADJOURNMENT The next regular joint Community Development Commission and City Council meeting is scheduled to take place on September 13, 2011 at 6:00 p.m. and 7:00 p.m., respectively. _______________________________________________________________________________________ Upcoming City -Sponsored Community Events Grand Opening of Rosemead Saturday, August 13th Aquatic Center 10:00 a.m.