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CC - Minutes - 01-25-11Minutes of the Community Development Commission and City Council Regular Meeting January 25, 2011 The regular meeting of the Rosemead Community Development Commission and City Council was called to order by Mayor Taylor at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Commissioner /Council Member Clark INVOCATION: Commissioner /Council Member Low PRESENT: Chair/ Mayor Taylor, Vice - Chair/ Mayor Pro Tern Ly, Commissioner/ Council Members Armenta, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda 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. No action was taken: there were no ordinances before the Commission /City Council for approval on the agenda. 2. PUBLIC COMMENTS FROM THE AUDIENCE - None 3. COMMISSION CONSENT CALENDAR A. Claims and Demands ® Resolution No. 2011— 04 Recommendation: to approve Resolution No. 2011 —04, entitled: Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page I of 18 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $202,899.14 DEMAND NO. 10101 AND DEMAND NOS. 11430 THROUGH 11438. Commissioner /Council Member Polly Low made a motion, seconded by Vice- Chair/Mayor Pro Tern Steven Ly, to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 4. FROM EXECUTIVE DIRECTOR & STAFF A. Governor's Proposed Budget -- Update As reported at this meeting of January 11, 2011, the Governor's Proposed Budget for Fiscal Year 2011 -2012 seeks to eliminate redevelopment agencies as a component of the Administration's efforts to resolve California's massive budget deficit. In light of the far reaching impacts of this proposal, the City Council has directed that this matter be placed in the agenda as a "standing item" for the next several months. Recommendation: That the Community Development/City Council authorize letters of opposition to the Governor's proposal to eliminate redevelopment agencies. Executive Director Allred reviewed the staff report. Assistant City Manager Hawkesworth stated that during conducting additional research, he found the following projects were paid for by the Redevelopment Agency: 1. Construction of landscaped medians, sidewalks and traffic signals along Garvey Ave. 2. Construction of original Zapopan Center. 3. Construction of the Fern School /Jess Gonzalez Sports Complex. 4. Undergrounding of utilities on Garvey Ave. 5. Garvey Water Main reconstruction. 6. Reconstruction of Fire Station #4 - San Gabriel Blvd. 7. Construction of Library on S. Del Mar (South San Gabriel). 8. Acquired land for Garvey Center and Garvey Sr. Housing. 9. Construction of Garvey Center. 10. Construction of Angelus Low - Income Senior Housing. 11. Construction of Garvey Low - Income Senior Housing. 12. Partnership with Rosemead High School for athletic facilities. 13. Construction of new aquatics center which is used by Rosemead High School for Physical Education and Team Sports. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 2 of 18 14. Construction of medians along Rosemead Blvd. 15. Construction of the Alhambra Wash Pedestrian Bridget at Klingerman /Angelus for improved pedestrian access to Rice School. 16. Funded a portion of the San Gabriel overpass widening. 17. Right -of -Way acquisition and street widening on La Madrina Drive in County Area (South San Gabriel). 18. Remodel of RCRC in early 90's to expand and add additional restrooms. 19. Restrooms and Snack Bar at Rosemead Park. 20. Construction of Zapopan Park. 21. Construction of Handicap Ramps in compliance with ADA. 22. Numerous storm drain installations. 23. Construction of Streets, traffic signals and flood control improvements along Walnut Grove near SCE and surrounding properties. 24. Acquisition and current redevelopment of the Glendon Hotel. 25. Owner- occupied housing rehabilitation program. 26. Purchase of residential homes for low- income housing in conjunction with the HOME program. 27. Currently secured financing for the expansion and renovation of RCRC. 28. Completed median and street improvements about Rosemead Place (Target Center). Commissioner Low asked what the impacts were regarding what the City can and cannot do anymore Assistant City Manager Hawkesworth replied that there are things that can be done within the City only and the projects on the list are relevant to redevelopment. Chair Taylor stated that Wal -Mart paid for all the street improvements that connected with the Edison area Assistant City Manager Hawkesworth replied the projects in discussion were done before the Wal -Mart project was constructed. Chair Taylor stated that Wal -Mart paid for street improvements as well. Assistant City Manager Hawkesworth replied Wal -Mart paid for the current street improvements and according to past budget books the City did improvements about 15 to 20 years ago before the Wal -Mart project. He continued with the presentation stating that the redevelopment funded the library on Del Mar and Fire Station No. 4 on San Gabriel Boulevard. Commissioner Clark asked if Fire Station No. 4 serviced South San Gabriel which is part of the County. Assistant City Manager Hawkesworth replied the fire station services both South San Gabriel and Rosemead. Chair Taylor inquired if the Chamber of Commerce were funded through the general fund. Assistant City Manager Hawkesworth stated redevelopment funds are used to fund the Chamber of Commerce. Executive Director Allred stated that the Chamber of Commerce is financed as business development purposes. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 - Page 3 of 18 Assistant City Manager Hawkesworth stated that the City cannot use federal funds under the current regulations to fund the Chamber of Commerce. Executive Director Allred continued the presentation. Chair Taylor stated that there is money in bonds which are indebted and the State will not take that money as long as they City still owes that debt. Agency Attorney Richman explained the requirements when issuing bonds; she stated there must be projects committed and places in the bonding documents in hopes that it is sufficient for the State. Executive Director Allred continued presentation. Commissioner Clark added that when redevelopment fund money is used then general fund money is not being used. Executive Director Allred replied that for salaries and benefits the cost is approximately one million dollars of the general fund which is paid for by redevelopment when employees work on redevelopment projects. Commissioner Clark asked if the Garvey Community Center was paid with federal government grants. Assistant City Manager Hawkesworth replied that redevelopment money was used to pay for the land and the Federal government funded the construction. Chair Taylor stated that the intent of redevelopment is to improve the city and general structure and not use it for private gain. Commissioner Low added that it is important to fight to keep redevelopment money because it has helped the community, as well as, senior housing. Chair Taylor asked what portion is going to be bonded indebtedness for the senior housing. Assistant City Manager Hawkesworth replied the numbers provided on the presentation were operational cost only. Chair Taylor inquired about the current outstanding bonds. Assistant City Manager Hawkesworth stated that no bond indebtedness had been included in the figures because of the legal obligations. He added that the City has four to five million in debt services on existing bonds. Executive Director Allred state the Agency Attorney provided a memorandum addressed to the City Council and staff on things that the City should do legally to protect redevelopment funds. First, a purchase and sale agreement for Glendon Hotel. Second, a City and CDC reimbursement agreement for capital improvement projects and third, the City should consider a housing authority. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 4 of 18 Chair Taylor asked for an update status of the Glendon Hotel purchase. Agency Attorney Richman suggested that the City create a Housing Authority and set aside funds (20 percent) for the local housing authority. She added that staff has been reviewing paperwork to see if CDC is actually a Housing Authority because legislation may wipe out CDC completely. Executive Director Allred stated that if the Housing Authority was created it would be replacing the Housing Development Corporation. Chair Taylor asked what are the powers and responsibilities of the Housing Authority. Executive Director Allred replied the responsibilities are to operate housing programs. Agency Attorney Richman stated the Housing Authority may own and operate housing, low income housing projects, receive grants, and section 8 housing programs. The Housing Authority may also oversee the agreements with the senior housing projects and any other housing project within the city's boundaries. Chair Taylor stated he was reluctant to start buying single family homes and rather keep those in the open market. Vice -Chair Ly asked if the Home Rehabilitation program would be under the Housing Authority. Executive Director Allred stated that the Housing Authority would administer the 20 percent allocated. Commissioner Clark asked if there has been discussion regarding buying single family residences in the future. Executive Director Allred stated it has been done in the past with the Redevelopment Agency on a limited basis to obtain matching funds for the Federal Home program. In speaking with Economic Development Manager Ramirez a limited number of homes may need to be purchased in order to leverage funds and qualify for federal funds in the future. Commissioner Clark asked if the money would go to the County Local Housing Authority and would they take over the management of the senior complexes. Agency Attorney Richman stated that CDC's role would be to subsidize obligations that would go to the local housing authority. Commissioner Clark asked how the State is saving money if they are transferring responsibilities and money to the County. Chair Taylor stated that when Governor Arnold Schwarzenegger came into office there was a short fall of $14 billion in the budget and he sold bonds to obtain that. And now it is $25 billion for the budget so it almost doubled and it is not getting worse but better; in other words the State will start taking more and more money from somebody else. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 5 of 18 Vice - Chair /Mayor Pro Tern Steven Ly made a motion, seconded by Commissioner /Council Member Polly Low, to authorize the Community Development Commission and City Council to submit letters in opposition to the governor's proposal to eliminate Redevelopment Agencies and to lobby the oppose elimination of Redevelopment Agencies. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Commissioner Clark asked staff to prepare a letter with the information discussed and send it to a newspaper. Chair Taylor stated he had reservations in taking tax increment money and favoring a particular business because it drives other businesses out of the city. He reiterated that Wal -Mart did not receive money from the City when they constructed their store. Commissioner Clark asked for clarification about redevelopment changing over the years. Executive Director Allred stated that staff would contact the California Redevelopment Association for further information. Assistant City Manager Hawkesworth stated that the two biggest things that have affected redevelopment has been SB 211 and AB 1290 which are two bills that affected pass- through agreements in which it sets a mandated 20 percent to give to taxing entities. Chair Taylor stated that the 20 percent is split into the Fire department, library, or the 20 percent may go to Housing Authority. Assistant City Manager Hawkesworth added that after ten years the 20 percent increases to 25 percent, after 20 to 30 years it increases to 30 percent. Commissioner Clark stated that the purpose of redevelopment is to improve blighted areas. She added, redevelopment encourages businesses to bring up the value on their property and the City receives more property tax in the long run. Vice- Chair Ly stated that if redevelopment did not exist the blight areas would remain the same and no one would benefit from that. Assistant City Manager Hawkesworth stated the policy committee spoke to the deputy director of finance for the State and is working with legislation on the State budget. He added there are two concerns that the governor did not take in consideration, no and low property tax cities and pass- through agreements with the school districts. Commissioner Low asked if the no and low property city status is a good thing. Assistant City Manager Hawkesworth replied that it is not positive to be a no and low property tax city Rosemead City Council and Community Development Commission Joint Meeting Minutes of danuary 25, 2011 Page 6 of 18 because that one percent of property tax is allocated among dozens of organizations Commissioner Armenta added that during the Sacramento meeting she stated to the legislators that the City did not believe in increasing taxes. Chair Taylor stated that the city will be penalized through the percentage the City will get out of each fund. He added that if the City does not tax to help with the system then the City will get less back. Commission Clark commented that the City of Monterey Park's property taxes are coming out of their tax payers and going to the city's general fund. Executive Director Allred replied that citizens of Monterey Park pay the same one percent as the City of Rosemead; however they receive a larger percent of that one percent back. Agency Attorney Richman stated that all cities pay a dollar to the State and the County decides based on a city's tax allocation how much they get back. Executive Director Allred stated that the rationale is that Rosemead is a contract city and others may be a full service city that needs more money allocated. The Commission /City Council recessed the meeting at 6:51 p.m. Minutes of the City Council Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 7 of 18 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Commissioner /Council Member Clark INVOCATION: Commissioner /Council Member Low PRESENT: Chair/ Mayor Taylor, Vice - Chair/ Mayor Pro Tern Ly, Commissioner/ Council Members Armenta, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda 5. PUBLIC COMMENTS FROM THE AUDIENCE Maureen Bateman — representative of the Soroptimist International of Monterey Park /Rosemead invited the City Council and the public to a Candidate Forum on February 15, 2011. Barbara Delory inquired about Ordinance No. 902 regarding hotel and motel regulations and asked what the City's interest was by adopting said ordinance. City Manager Allred explained that the City preferred Hotels over Motels because people access motel rooms from outdoors and hotel rooms through interior hallways. Ms. Delory - commented the Valley Hotel calls themselves a hotel and they do not qualify based on their criteria. City Manager Allred explained that the ordinance was being adopted to clarify how hotels and motels can feasibly make improvements and /or remodeling. Mayor Taylor asked Ms. Delory if she had read the ordinance because there is different information regarding added amenities of uses in hotels over motels. Ms. Delory — replied she did and added that the ordinance request a hotel or motel operator to apply for a conditional use permit if renting out rooms for more than thirty consecutive days. Finance Director Brisco explained that the City collects transient occupancy tax worth thirty days and after thirty days it's considered something like renting an apartment. Community Development Director Wong stated that if a motel /hotel changed its occupancy and rented rooms beyond the thirty days, then an amendment to their conditional use permit would be required. 6. CITY COUNCIL CONSENT CALENDAR A. Minutes Rosemead City Council and Community Development Commission Joint Meeting Minutes ofdanuary 25, 2011 Page 8of18 December 14, 2010 — Regular Meeting B. Claims and Demands • Resolution No. 2011— 04 Recommendation: to approve Resolution No. 2011 —04, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $810,524.17 NUMBERED 101118 THROUGH 101133 AND 72261 THROUGH 72402 INCLUSIVELY Council Member Sandra Armenta made a motion, seconded by Council Member Polly Low, to approve the Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 7. MATTERS FROM CITY MANAGER & STAFF A. Memorandum of Understanding between the San Gabriel Valley Council of Governments and the City of Rosemead for Southern California Edison Grant Last year, Southern California Edison (SCE) released a Request for Proposal (RFP) for local jurisdictions currently participating in Local Government Partnerships to fund activities that support California's Long -Term Energy Efficiency Strategic Plan. Through the San Gabriel Valley Council of Governments' (COG) partnership with SCE, known as the San Gabriel Valley Energy Wise Partnership (SGVEWP), the COG submitted a proposal on behalf of 28 cities. The COG was awarded the grant to implement activities that achieve the goals of the California Long -term Energy Efficiency Strategic Plan. Recommendation: That the City Council approve the MOU with the San Gabriel Valley Council of Governments' for implementation of the SCE CEESP Program. City Manager Allred reviewed the staff report. Council Member Margaret Clark made a motion, seconded by Council Member Sandra Armenta, to approve the MOU with the San Gabriel Valley Council of Governments' implementation of the SCE CEESP Program. Vote resulted in: Rosemead City Council and Community Development Commission Joint Meeting Minutes ofdanuary 25, 2011 Page 9 of 18 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 8. MATTERS FROM MAYOR & CITY COUNCIL A. City Council Request Re: Parks/Sports Facility Use Policy At its January 11 regular meeting, City Council requested that language be provided for a possible amendment to Rosemead's Parks and Sports Facility Use Policy which would require non - profit organizations that are granted free use of such facilities to provide some physical identification of their affiliation with the City. Thus, the following language (italicized) is proposed to be added to the policy: "Non- profit groups must provide verification of current 501(c)(3) status and a participant roster demonstrating that one in every four participants resides in Rosemead. They must also prove that their services are of significant direct benefit to the community and are not provided by the City or other agency currently serving Rosemead youth. Additionally, organizations receiving free use of facilities must reference Rosemead, by name, to physically demonstrate their affiliation (i.e., as part of team /organization name or on team banners or uniforms, etc. — examples provided below). Services must be accessible to the general public and in compliance with non - discrimination laws." Examples: Team /Organization name: Rosemead Baseball Organization Inclusion on Team Banner. Mini Might Softball Rosemead, California Recommendation: That the City Council provide direction regarding a proposed amendment to Parks /Sports Facility Use Policy. Director of Parks and Recreation Montgomery-Scott reviewed the staff report. Council Member Low stated the new language was a good compromise and it gave teams the flexibility to use any name they want as long as they included the name, "Rosemead ". She asked if teams needed to be registered in the city. Director of Parks and Recreation Montgomery-Scott stated the new policy mandated a non - profit organization to have some affiliation with the City when requesting to use a city facility at no cost. The new policy would only ask that there be a visible factor associated with the City. Council Member Clark reiterated that a team would only need to include the name "Rosemead" in their name or on banners. Mayor Pro Tern Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve the amendment to Parks/Sports Facility Use Policy. Vote resulted in: Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 10 of 18 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. City Council Meeting Minutes At the January 11th regular City Council meeting, Mayor Taylor requested that the minutes of the following meetings be brought back to Council for action: September 27, 2005 City Council Minutes — This set was taken to City Council on September 16, 2006 and the motion to approve was defeated by a 2/3 vote. Three sets of draft minutes were found with file names "CC MIN 9 -27 -05 INTEGRATED ", "CC MIN 9 -27- 05', and 'Taylor- Errata MIN 9- 27 -05 ". All three sets are attached for your review. December 5, 2005 — This set was taken to City Council on September 16, 2006 and the motion to approve was defeated by a 2/3 vote. Two sets of draft minutes were found with file names "CC MIN 12 -5 -05 SPECIAL INTEGRATED" and "CC MIN 12- 5 -05 ". Both sets are attached for your review. October 10, 2006 City Council Minutes — This set was approved on November 14, 2006; however, the minutes were never signed by the Mayor or City Clerk. I have attached a copy of the Minutes for your review. December 13, 2005 — This set was approved on March 28, 2006; however, no minutes were found in our records. I have attached a copy of the March 28, 2006 minutes, page 1, where a motion confirms the December 13, 2005 minutes were approved. Recommendation: That the City Council: 1. Give staff direction on which set of minutes should be considered for approval for the September 27, 2005 and December 5, 2005 meetings; 2. That the October 10, 2006 minutes be signed by the Mayor; and 3. The minutes of December 13, 2005, meeting be re- written by the City Clerk and submitted to the City Council for review and approval. City Council discussed each set of minutes separately. Minutes of October 10, 2006 Council Member Clark asked that the minutes of October 10, 2006 be approved first. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 11 of 18 Council Member Margaret Clark made a motion, seconded by Mayor Pro Tern Steven Ly, to request that the Mayor execute the unsigned minutes of October 10, 2006. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Minutes December 13, 2005 Council Member Low reiterated that staff recommends that the minutes of December 13, 2005 be re- written. Council Member Clark explained that the minutes of March 28, 2006 confirmed that City Council approved the minutes of December 13, 2005; however an original hard copy was never found. City Attorney Richman stated there would need to be a third person who would need to listen to the meetings because there was only Mr. Taylor and Mrs. Clark in attendance as Council Members. Mayor Pro Tem Ly asked for a motion to review the audio tapes and directed the City Clerk to reproduce the minutes of December 13, 2005. City Attorney Richman explained that Mr. Ly would have to listen to the audio tapes before the City Clerk reproduced the minutes of December 13, 2005. Mayor Taylor added he did not find the minutes of September 7, 2005 on the city's website and only found the September 27, 2005 minutes. Mayor Pro Tern Steven Ly made a motion, seconded by Council Member Polly Low, to direct the City Clerk to reproduce the minutes of December 13, 2005. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Minutes of September 27, 2005 and December 5, 2005 Mayor Pro Tern Steven Ly asked that the minutes of September 27, 2005 and December 5, 2005 be tabled until audio tapes were found because he was informed by the City Clerk that the audio tapes for both meetings may no longer be available. Mayor Taylor stated the minutes were representative of the meeting and would like to have them approved before he finished his term on March 2011. Mayor Pro Tern Ly stated he was comfortable approving the minutes in summary form and not in verbatim form. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 12 of 18 Council Member Low added that the minutes of September 27, 2005 three sets were submitted. Council Member Clark explained that one set of minutes were verbatim; the other verbatim set were submitted by Mr. Taylor; and the third set are an official set because it showed the official notations of motions and votes. City Attorney Richman stated she was not aware that no audio tapes were available for the minutes in question. She suggested that audio tapes, if found, be reviewed so Council may vote to approve the minutes and if no audio tapes are found there is nothing Mr. Ly can do to verify if the record is correct. Mayor Taylor and Council Member Clark both stated that they may have audio tapes of both meetings and would search for them. Council Member Low asked if there were three sets of minutes for December 5th meeting City Clerk Molleda clarified that Council originally received five sets of minutes and recently an additional copy was provided. City Council directed staff to locate audio tapes for September 27, 2005 and December 5, 2005 City Council meetings. Mayor Pro Tem Ly stated that if tapes were not found, he confirmed that he was in attendance at both meetings as a resident. City Attorney Richman read an excerpt, "That the Council shall cause the Clerk to keep a correct record of its proceedings. At the request of a member the City Clerk shall enter the ayes and the no's in the journal ". She added that Council would need to vote to decide what is the correct record and if it's sufficient. Mrs. Richman reiterated that only one Council Member would need to listen to the audio tapes because two Council Members were already in attendance at the meeting. Mayor Taylor reiterated that the minutes of September 27th and December 5th had three sets of a draft set, integrated set and a regular city council set and did not receive a last set. City Clerk Molleda replied there were copies available. Mayor Taylor stated that a meeting held on September 7, 2005 which was mentioned on the minutes of October 10, 2006 he asked for the transcripts of the meeting. He noticed that the minutes of September 7th were never approved and asked staff to look for the minutes. Also, the minutes of December 13, 2005 have not been approved as well as the minutes of September 7, 2004. City Manager Allred clarified that the missing minutes were September 7, 2005, December 13, 2005, and September 7, 2004. Mayor Pro Tem Ly stated that Council directed the City Clerk to re -write the minutes of December 13, 2005. CITY COUNCIL COMMENTS: Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 13 of 18 Mayor Pro Tem Ly stated he attended the Transportation Policy Committee in Sacramento and reported that part of what they will be monitoring is the high speed rail and he will report back to Council on updates. Mayor Taylor asked about the high speed rail meeting date. City Manager Allred replied that the High Speed Rail Authority meeting is scheduled to be held on March 3rd at the Metro Board Meeting in Los Angeles. The Council of Governments is collecting all information from affected cities and will present it to the board of the High Speed Rail. Mayor Taylor asked when cities are going to review what will be on the agenda for March 31d meeting. City Manager Allred stated staff will be notified once the agenda is available. Mayor Taylor stated that six weeks ago when the issue was brought up, he expressed concern that the City would not get on the ball and would probably miss the deadline to submit to the Board. City Manager Allred explained that Council Member Clark, Armenta and he attended meetings of the High Speed Rail Authority working group and discussing how to present information to the board. He added that no information has been presented yet and will be presented soon. Mayor Taylor commented that on a previous High Speed Rail Board meeting the City of El Montes asked about a sound wall not being high enough. He expressed concern that the City had a public hearing and the same issues were discussed. Mr. Taylor added that Ms. Armenta took dozens of pictures and he objected to the consultants stating that noise should not be a problem. The sound wall is approximately 14 feet high and The High Speed Rail will be on top of an 18 to 20 foot platform. City Manager Allred added that it's 27 feet. Mayor Taylor stated that anything over 14 feet will leak the sound over the wall and homes that will be 100 feet of the High Speed Rail will be subject to that sound. He added that is why Council is adamant about the rail being below the sound wall. Council Member Clark commented that that Rail could go as high as sixty feet in some places Mayor Taylor confirmed that over bridges and intersections it would go high. Council Member Armenta states there is a map on the City of Alhambra's website which shows the High Speed Rail to be as high as 75 feet. She added that the City of Alhambra had a meeting for residents to explain more about the High Speed Rail. Mayor Taylor stated that it was asked how many homes were going to be affected by the High Speed Rail and the board said they did not know and until the study is at fifteen percent. He felt that the board is not providing the necessary information on time. City Manager Allred stated that in the City Managers Weekly newsletter he provided detailed information about the strong position of the City against the project and it mentions the extreme dissatisfaction with the aerial profile along the 1 -10 Freeway. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 14 of 18 Mayor Taylor asked for the High Speed Rail topic be placed on the agenda for the next meeting. Council Member Clark asked if a letter had been sent to the High Speed Rail Authority before. City Manager Allred replied that a letter on Council's position was sent on September of 2010 which mentioned the aerial profile and it will be re- emphasized again with a new letter that will be sent to the Council of Governments. Mayor Taylor asked for a motion to discuss the High Speed Rail issue. City Attorney Richman stated that in order to discuss the High Speed Rail it would call for an urgency matter to be added. Mayor Gary Taylor made a motion, seconded by Mayor Pro Tem Steven Ly, to add an item for discussion regarding the High Speed Rail. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Mayor Pro Tem Ly asked if the Council was expecting to receive or send documents to the High Speed Rail Authority Board. Mayor Taylor reiterated that he would like to view what the Authority's meeting will have and if it can be protested and asked if all Council felt they were receiving all the information necessary from the Authority. Council Member Low reiterated that Council Member Armenta and Council Member Clark have been attending the sub - committee. Mayor Pro Tem Ly clarified that the Council would like to send information to the High Speed Rail Authority for their next meeting agenda. Council Member Low stated that Council previously stated that they opposed the project in a letter. City Manager Allred asked for a recess to obtain the necessary information for Council that was provided in the City Managers Weekly update. City Council recessed the meeting at 7:44 p.m. and reconvened back at 7:50 p.m. City Manager Allred explained that in the weekly update there were meeting notes of the meeting from the working group. Mayor Taylor added that the first page indicated process and timelines issues. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 15 of 18 City Manager Allred stated there are four pages of notes and read the memo, "Attached are the notes from the January 13th working group meeting attended by Council Members Armenta, Clark and myself. There are four pages of meeting notes from that meeting. The first item is the process and time lines for submitting information to the High Speed Rail Authority ". Mayor Taylor asked if an agenda packet had been provided by the Authority. City Manager Allred replied the agenda packet has not been produced and staff will be notified when it is. Mayor Pro Tem Ly stated that he received an email regarding the Authority's January 24th meeting, as well as, the February 3rd meeting in Sacramento along with their agenda. He stated it could be possible that the Authority will provide an agenda a week before their March 31d meeting. Mayor Taylor asked what must be done to make sure that the letters and complaints are in the file. Mayor Pro Tem Ly stated that Council should direct City Manager to draft another letter on behalf of the City of Rosemead and incorporate concerns on elevations, objections, imposes eminent domain, and the sound wall issue. City Manager Allred stated there would be four points proposed in the draft letter Mayor Taylor read "that a vertical alignment has not been determined and an above grade alignment has been used as a starting point which is standard for heavily urbanized areas. As currently engineered at the two percent level the highest vertical alignment along the section of the 1 -10 and 1 -605 freeways to apply for the fly over freeway interchange through portion of Baldwin Park the main height is approximately sixty -five feet. Vertical alignments alternatives will be further refined in the next phased of preliminary engineering at fifteen percent'. Mr. Taylor stated that the High Speed Rail project is currently at the two percent mark of the study. He continued to read, "working group members requested information on the number of residential properties that would be needed to be acquired in order to build' he added that there are over 300 homes in Rosemead that would be taken if the Authority uses the 250 wide platform area. City Manager Allred stated that it's a 50 foot wide platform if it's on the median of the freeway. The Authority has showed is the rail going on the median of the freeway. Council MemberArmenta stated that during the working group meetings the Authority would not release PowerPoint presentations or copies of maps. Mayor Taylor stated that the Authority is not releasing information for Council to review. Council MemberArmenta stated that during the working group meetings she has viewed the maps and the slides and is asking questions. She added that the rail will start to veer off once it passes Rosemead. City Manager Allred stated that the map showed the rail going through the median of the freeway through Rosemead and there would be no eminent domain, taking homes in Rosemead. However, once they are out of Rosemead's boundaries they will be tangent to the proposed station in El Monte and that would take homes in El Monte. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 16 of 18 Council MemberArmenta stated that she made it clear to the Authority where the boundaries of Rosemead are; near the wash which separates the City of El Monte and Rosemead. Mayor Taylor asked staff to include in the letter that Council would like to get documentation on realignment and the number of homes affected. Council Member Low asked why the Authority is not willing to release the information. Council MemberArmenta replied because it is a "work in process" and they have only one percent of the data and that is the reason they say they cannot release more information. Mayor Taylor commented that at the next level the data will be at fifteen percent and it will be too late. If the rail is done it will go under or completely over Rosemead Boulevard. City Manager Allred stated the Authority explained that the rail cannot go at grade. The choices the Authority is showing is aerial or a tunnel which is more expensive. The Authority is recommending the aerial alignment and it will be included in the letter that the aerial alignment is not acceptable. Council MemberArmenta commented that the Authority has not done scoping meetings on the 1 -10 freeway. Mayor Pro Tem Ly clarified his motion to direct the City Manager to draft a letter expressing the Council's opposition to the following items involving elevation, sound wall, eminent domain of homes, and the inability of the Authority to release information regarding maps and presentations, and the proposed route. Council MemberArmenta commented that Assembly Member Mike Eng sits on a Select Committee that oversees what is going on with the High Speed Rail project. City Manager Allred replied staff will copy Mr. Eng on the letter. Mayor Pro Tern Steven Ly made a motion, seconded by Council Member Sandra Armenta, to authorize the City Manager to draft a letter expressing the City Council's concern to the High Speed Rail Authority Board and send a copy to the Select Committee of the High Speed Rail . Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Council Member Low congratulated Director of Parks and Recreation Montgomery—Scott and his staff for a successful Lunar New Year Event. Also, reminded everyone on the next Public Safety Connection meeting for January 27, 2011 and the Spaghetti night event to support the 9111 Memorial fundraiser. 9. ADJOURNMENT Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 17 of 18 The meeting adjourned in the memory of Mr. Gene Wong and Ms. Rosy Mena at 8:14 p.m. The next regular joint Community Development Commission and City Council meeting is scheduled to take place on February 8, 2011 at 6:00 p.m. and 7:00 p.m., respectively. Stevan Mayor ATTEST: Gloria Moll eda City Clerk Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 25, 2011 Page 18 of 18 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk for the Rosemead City, do hereby certify that the minutes from January 25, 2011, were duly and regularly approved and adopted by the Rosemead City Council on the 27th of September 2011, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, No: None Abstain: Alarcon Absent: None A rne A Gloria Molleda City Clerk