CC - Minutes - 08-12-14 Minutes of the
City Council Meeting
August, 12,2014
The regular meeting of the Rosemead City Council was called to order by Mayor Alarcon at 6:03 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PRESENT: Mayor Alarcon, Mayor Pro Tern Clark, Council Members Armenta, Low, Ly
Mayor Alarcon recessed the meeting into closed session at 6:04 p.m.
Council Member Low joined the City Council meeting during closed session.
1. CLOSED SESSION
A. Anticipated Litigation Significant Exposure to Litigation Against the City Pursuant to
Government Code 54956.9(d)(2): 1 potential case.
Mayor Alarcon reconvened the meeting at 7:00 p.m. No reportable action was taken during closed session.
PRESENT: Mayor Alarcon, Mayor Pro Tem Clark, Council Members Armenta, Low, Ly
PLEDGE OF ALLEGIANCE: Council Member Ly
INVOCATION: Mayor Alarcon
STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Finance Director
Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-
Scott, Public Works Director Marcarello, and City Clerk/Director of Public Information and Communications
Molleda
2. PUBLIC COMMENTS FROM THE AUDIENCE - None
3. PUBLIC HEARING
A. Continued Public Hearing—Design Review 13-02 and Tentative Tract Map 72347—
8479 Garvey Boulevard
Ken Kyi has submitted entitlement applications requesting to develop a new
residential/commercial mixed use development comprised of two (2) buildings totaling
36,100 square feet. Building A consists of eight(8) attached residential units (totaling 4,120
square feet) above 10,460 square feet of retail and office space. Building B consists of a
leasing office and twenty(20) attached residential units (totaling 15,755 square feet). The
project site consists of one (1) parcel totaling 30,397 square feet. The property is located at
the northwest corner of Willard Avenue and Garvey Avenue in the C-3 MUDO-D(Medium
Commercial with a Mixed Use and Design Overlay) zone.
Rosemead City Council Regular Meeting
Minutes of August 12,2014
Page 1 of 10
This item was presented to the Planning Commission for consideration on May 19,2014. At
the conclusion of the hearing, the Planning Commission modified certain conditions of
approval and adopted Planning Commission Resolution No. 14-09, recommending that the
City Council ADOPT Resolution 2014-18.
On July 8, 2014, the City Council conducted a public hearing for this project. During the
public hearing, Council Member Steven Ly requested additional time to review this item and
to continue the public hearing. The Council unanimously approved his request and the
public hearing was continued to this meeting.
Recommendation: That the City Council:
1. Conduct the continued public hearing and receive public testimony; and
2. ADOPT Resolution No. 2014-18, entitled:
3. The City Council ADOPT the Mitigated Negative Declaration
and file the Notice of Determination for the project
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING DESIGN REVIEW 13-02 AND
TENTATIVE TRACT MAP 72347 FOR THE CONSTRUCTION
OF A NEW RESIDENTIAL/COMMERCIAL MIXED USE
DEVELOPMENT COMPOSED OF TWO (2) BUILDINGS
TOTALING 36,100 SQUARE FEET. THE SUBJECT SITE IS
LOCATED AT 8479 GARVEY AVENUE IN THE C-3 MUDO-D
(MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN
OVERLAY)ZONE (APN: 5288-004-045)
Associate Planner Lily Trinh reviewed the staff report.
Mayor Pro Tem Clark asked if the soil report references liquefaction in case of an earthquake.
Jessica Flores—representative of Impact Sciences explained that they will mitigate using code compliance
of the existing California code as well as with the terms within the soil report.
Council Member Low expressed she would like the developer to attract national regional tenants to the
project. She stated the project has fulfilled parking requirements; however, she did not see the propose
signage of the property mentioned in the staff report.
City Attorney Richman explained that for the benefit of the public, she wanted to announce there was a letter
provided to the City Council, where the developer indicated they would provide a contribution for a study. The
study would be regarding traffic; therefore, the public is aware that the letter exists.
Rosemead City Council Regular Meeting
Minutes of August 12,2014
Page 2 of 10
City Manager Allred addressed Council Member Low's concerns by stating the developer indicated the
structure would not block any signage.
Council Member Low stated she was concerned with the ten thousand dollar contribution being made by the
developer and relating it to this project. She suggested that if the developer voluntarily wanted to donate
money, they can do so for future city events. Mrs. Low added that there is no set policy for contributions by
developers and asked if other developers would contribute the same amount or more. She asked that the
Council vote on the ten thousand dollar contribution separately from the resolution.
Council Member Armenta reiterated Council Member Low's concerns and added that since there is no set
policy, accepting the money may cause some issues. She stated that if Council sets precedence by
accepting the contribution, that all other developers get treated equally on future projects. Ms. Armenta
clarified that the donation was strictly for future surveys.
Council Member Ly stated that staff is working on a policy were projects could pay their fair share of the
impacts they are going to make upon the residents. He added the resolution will address traffic and parking
issues due to the project. The contributions cannot be used towards other city events but only for studies of
mixed use projects. Mr. Ly suggested establishing a policy where staff can talk to the developer until a
development impact fee is set. In addition, accept the proposed contribution to be used toward a
comprehensive study.
Council Member Armenta stated that because of the previous mixed use guidelines approved, a
subcommittee was formed with Mayor Pro Tern Clark and staff and they came up with nodes to depict where
mixed use buildings should be built. She expressed concern with the current traffic and parking problem in
the City and did not want to set precedence by accepting a contribution without a policy.
Mayor Pro Tem Clark explained she agreed with both Council Members Low and Council Member Armenta;
however, also agreed with Council Member Ly's suggestions. She asked if developers will have to start
paying development impact fees starting January or by July; it did not seem fair that only one developer pay a
contribution of just one time.
City Attorney Richman stated Council cannot set a policy because it is not an agendized item. She reiterated
that Council could take action on staff's recommendation and the offer by the developer.
Mayor Pro Tem Clark asked if the development impact fees for all projects was put on the next agenda and
approved by Council, will this developer still be willing to donate after that issue was approved. She added
that thereafter everyone else can contribute as well.
City Attorney Richman explained that fees are not set by policy. The Mitigation Fee Act which governs how
fees are placed requires a study. In addition, City Council could ask staff to broach the subject with the
developer.
City Manager Allred stated that staff is working on a developmental impact fee but requires a long public
review period and would not be ready until the end of the calendar year.
Rosemead City Council Regular Meeting
Minutes of August 12, 2014
Page 3 of 10
Council Member Ly reiterated that the City Council accept the contribution and talk to the developer and
enter into an agreement. Once the developmental impact fee is placed in January, it may obscure some
developers from paying the fee and impact other developers to pay a higher fee which is not business
friendly.
Mayor Alarcon agreed with Council Member Ly that if the developer is voluntarily contributing money to go
towards a specific study, it should be accepted.
City Attorney Richman stated there is no policy agendized for the project and therefore, any actions would not
be relevant. She asked that the policy discussion not be part of their consideration in regards to the
contribution offered by the developer. Mrs. Richman stated a condition could be added stating the developer
has volunteered to contribute a onetime payment.
Council Member Low suggested the contribution by the developer be used for the comprehensive study of
the Garvey Specific Plan since there is no policy.
Council Member Ly stated staff was already conducting research for the comprehensive study.Also, the
study only focuses on Garvey Avenue and there are other nodes on Valley where a study can be done with
this contribution.
City Attorney Richman advised the City Council to take action on the project brought to them for approval and
not discuss any potential policy relating to the current project.
Council Member Low made a motion to approve the project with the conditional use permit the way it is
currently written without the ten thousand dollar contribution as part of the condition.
Council Member Ly made a substitute motion to adopt Resolution 2014-18 and instruct the City Manager to
accept the proposed ten thousand dollar contribution towards a comprehensive study to be used on future
mixed-use projects.
Council Member Low asked that Council bifurcate the acceptance of the ten thousand dollar contribution
and resolution for separate vote.
City Attorney Richman clarified Council Member Ly's substitute motion to have staff's recommendation of the
109 conditions and to add the contribution for a total of 110 conditions. Otherwise, the Council could indicate
separately from the conditions to direct the City Manager to enter into an agreement, whereby the ten
thousand dollars is accepted.
Council Member Steven Ly made a substitute motion,seconded by Mayor Pro Tem Margaret Clark to
approve Resolution 2014-18 and instruct the City Manager to enter into an agreement to accept the
$10,000 as outlined from the letter of the developer.Vote resulted in:
Yes:Alarcon, Clark, Ly
No: Armenta, Low
Abstain: None
Absent: None
Rosemead City Council Regular Meeting
Minutes of August 12, 2014
Page 4 of 10
Council Member Armenta clarified for the record to show that the No vote was for the ten thousand dollar
contribution and not the project.
Council Member Steven Ly made a motion, seconded Council Member Polly Low to adopt the
Mitigated Negative Declaration and file the Notice of Determination for the project.Vote resulted in:
Yes:Alarcon,Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
4. CONSENT CALENDAR
A. Claims and Demands
• Resolution No.2014—32
Recommendation: to approve Resolution No. 2014—32, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $485,230.15 NUMBERED 85615 THROUGH
85616 AND 85635 THROUGH 85679 INCLUSIVELY
• Resolution No.2014—33
Recommendation: to approve Resolution No. 2014—33, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $564,454.82 NUMBERED 85614 THROUGH
85614 AND 85617 THROUGH 85634 AND 85680 THROUGH
85767 INCLUSIVELY
B. National League of Cities Energy, Environment,and Natural Resources Steering
Committee Conference—September 4th—September 6th- Fort Collins, CO
The City Council will consider authorizing the attendance of Mayor Pro Tem Margaret Clark
to the National League of Cities Energy, Environment, and Natural Resources Steering
Committee Conference in Fort Collins, CO,on September 4th-September 6th.
Recommendation: That the City Council authorize the attendance, at City expense, of
Mayor Pro Tem Margaret Clark to attend the National League of Cities Energy, Environment,
and Natural Resources Steering Committee Conference in Fort Collins, CO, on September
411"—September 6th, 2014.
Rosemead City Council Regular Meeting
Minutes of August 12, 2014
Page of 10
C. National League of Congress of Cities and Exposition—November 18th—November
22nd—Austin,TX
The City Council will consider authorizing the attendance of any Council Member who wishes
to attend the National League of Cities Congress of Cities and Exposition in Austin, TX, on
November 18th—November 22nd.
Recommendation: That the City Council authorize the attendance, at City expense, of any
Council Member that wishes to attend the National League of Cities Congress of Cities and
Exposition in Austin TX, on November 18th—November 22nd, 2014.
Council Member Polly Low made a motion,seconded by Council Member Sandra Armenta to approve
the Consent Calendar with the exception of item D.Vote resulted in:
Yes:Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
D. Purchase Agreements for Fleet Vehicles
As pad of the City's fiscal year 2014-15 budget, funding was included in the vehicle
replacement fun for the purchase of new vehicles to replace aging or outdated vehicles.
These funds will be used to purchase two(2) maintenance trucks and a sedan in the Public
Works and Public Safety Departments. The maintenance trucks will replace aging vehicles
that have high maintenance costs and poor fuel efficiency in comparison to newer model
trucks. The new sedan will be paired with a new mobile digital computer(MDC)from Los
Angeles County Sheriff's Department,which will provide Public Safety staff members with
faster and more detailed information when in the field.
Recommendation: That the City Council:
1. Authorize the City Manager to execute a purchase agreement with Wondries Fleet
Group in the amount of$53,380.63 for the purchase of one (1)2015 Ford F-250 and one
(1) 2015 Ford F-350 truck cab and chassis; and
2. Authorize the City Manager to execute a purchase agreement with National Auto Fleet
Group in the amount of$34,636.96 for the purchase of one (1) 2015 Chevrolet Impala;
and
3. Designate Unit 7 (1991 Ford F-150) and Unit 34 (2004 Ford F-350) as surplus property
and authorize the City Manager to dispose of both vehicles pursuant to the City's
purchasing policy.
Council Member Armenta asked what happens with the surplus vehicles that are replaced.
Rosemead City Council Regular Meeting
Minutes of August 12, 2014
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Public Works Director Mercerello explained the surplus vehicles are sent to an auction house to be resold.
The auction house then sends the City a check for the value of those vehicles.
Council Member Sandra Armenta made a motion, seconded by Council Member Steven Ly to
authorize the purchase of new fleet vehicles and surplus the current vehicles.Vote resulted in:
Yes: Alarcon,Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
5. MATTERS FROM CITY MANAGER&STAFF
A. Moon Festival Street Closure Plan
On June 10, 2014, the City Council authorized the City's participation as co-sponsor, along
with Sing Tao Newspapers of Los Angeles, of the Moon Festival Celebration. The event is
scheduled for August 23, 2014 along Valley Boulevard from Ivar Avenue to Walnut Grove
Avenue. The Saturday event is scheduled from 4:00 p.m. until 11:00 p.m.; however, the
nature of the event and the set up required necessitate that Valley Boulevard be closed to all
vehicular traffic from 12:00 a.m. on Saturday until 2:00 a.m. on Sunday,August 24. In
accordance with the terms of the co-sponsorship agreement, the City is responsible for traffic
control planning and operations through the use of a consultant.
Recommendation: That the City Council receive and file the traffic control plan for the
Moon Festival Celebration on August 23, 2014.
Director of Parks and Recreation Montgomery-Scott reviewed the staff report.
Council Member Ly commended staff for the preparation of the Moon Festival.
Council Member Low explained the Moon Festival is oriented towards family enjoying the night when the
moon is supposed to be at its' biggest and brightest. She added the festival will bring the community together
to celebrate a Chinese tradition.
Council Member Armenta commended staff and Council Member Low for encouraging diversity and inviting
other cultural groups to participate in the Moon Festival.
Council Member Steven Ly made a motion,seconded by Council Member Sandra Armenta to receive
and file the traffic control plan for the Moon Festival Celebration on August 23,2014.Vote resulted
on:
Yes: Alarcon,Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Rosemead City Council Regular Meeting
Minutes of August 12. 2014
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6. MATTERS FROM MAYOR&CITY COUNCIL
A. Possible Amendments to Rosemead Municipal Code Section 10.24 Regarding Private
Bus Operations
Following discussion by the Traffic Commission and City Council at multiple public meetings,
Ordinance No. 941, was approved on June 10, 2014 to mitigate adverse impacts on City
streets created by private buses. After implementing the new private bus regulations, the
City has received positive feedback from the public regarding a reduction in private bus
traffic and their related operational issues (i.e. litter, traffic and safety concerns, and parking
problems). However, the City has also received some feedback from some local businesses
related to the unintended consequences created by the new regulations. Namely,some
local businesses (restaurants and gift shops)that derive sales from tour bus patrons have
expressed concerns regarding reduced business activity. In order to minimize some of these
unintended consequences, the City is exploring ways to amend the ordinance that could help
these local businesses.
Potential modifications to Ordinance No. 941 could include provisions to allow private buses
to stop on City streets during certain late afternoon and evening hours if the bus operator can
produce an appointment itinerary and passenger roster to patronize specific businesses(i.e.,
restaurants, gift shops).
Recommendation: That the City Council review this matter and provide direction to staff.
Public Works Director Marcarello reviewed the staff report.
Council MemberArmenta stated that during a Beautification clean up event on Garvey Avenue, she
witnessed people waiting for a casino bus were littering and not going inside businesses. However, the tour
busses are coming into the City and are not congesting the streets and causing more traffic.
Public Works Director Marcarello explained staff is trying to carve out the broad category of buses because
within that category, casino buses and tour buses are together. Staff is trying to create something where
there is a time restriction periods between 4 p.m. to 10 p.m. for tour buses only to dine or shop in the City.
Council MemberArmenta reiterated that the tour buses would not impact residential streets with parking
and traffic like casino buses do.
Mayor Alarcon asked staff if the City can prevent buses from parking on private property.
City Manager Allred explained the current ordinance allows bus companies to negotiate agreements with the
property owners to utilize their property for loading and unloading purposes. When the bus companies do
that, they are required to obtain a business license from the City. Nonetheless, one of the modifications staff
is proposing is that when a business license is issued to bus companies, that a site review must be made. In
addition, the City could require the tour bus companies to have an itinerary and roster of their passengers.
Rosemead City Council Regular Meeting
Minutes of August 12, 2014
Page 8 of 10
Council Member Low asked how many businesses have complained that the current ordinance has affected
their business.
Council Member Ly replied that there has been a couple of businesses, including a hotel that have
complained.
Council Member Armenta inquired about the no stop zone signage for buses.
Public Works Director Marcarello explained that there will be designated areas of signs posted where tour
buses could drop people off.
Council Member Ly clarified the recommendation is not to approve anything that has been discussed but
rather give direction to staff.
Brian Lewin—stated the ten thousand dollar contribution discussion did not come up until the public
comment was closed. He added that he did not have knowledge about the contribution and expressed his •
displeasure on the City accepting the money.
City Attorney Richman explained to Mr. Lewin that he should have indicated he wanted to speak when she
was discussing the letter during public hearing.
Mr. Lewin—stated that some buses that are parking on streets are blocking visibility near some driveways
and asked that staff look into that. Mr. Lewin supports the hour restrictions and site review proposed.
Mayor Pro Tem Clark asked about the bus parked at the Taco Ready parking lot during National Night Out
event.
Community Development Director Ramirez explained that under the current ordinance bus companies are
allowed to have an agreement with the private property owners.
Damian Alvarez—stated residents are being impacted as well by the buses. Mr.Alvarez read a letter of
concern regarding casino and tour buses.
Larry Temez—Thanked the City Council for adopting an ordinance restricting casino buses,which impacted
his neighborhood. He added parking has improved and is in support of the new modifications being
proposed.
Council MemberArmenta asked if there is a fee for the business license.
Community Development Director Ramirez explained that the property owner does not pay a permit fee but
the bus operators pay a fee for each bus they bring into the city.
Management Analyst Pat Piatt added that the business license is $132 and each additional bus is$58.
Council Member Armenta asked if all bus companies that drive into the city need to obtain a business
license.
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Minutes of August 12, 2014
Page 9 of 10
City Manager Mired explained a business license is required for those bus companies parking on private
property. However, California state law allows the tour buses to use City streets without any fees.
City Attorney Richman stated the propose item brought to the Council is to add the site review because tour
buses that park on private property already obtain a business license.
Council Member Ly explained that by allowing tour buses to load and unload passengers from hotels, it
could minimize the traffic impact on the streets.
Council Member Armenta asked how the City can prevent casino buses from sneaking into the City to pick
up passengers.
City Attorney Richman replied that casino buses would be subject to what is already in the code for the
violation.
City Manager Allred stated an ordinance with the new suggestions will be presented to the City Council in
September.
7. COUNCIL COMMENTS
Mayor Pro Tern Clark reported she attended the Nation League of Cities Policy Summer Forum. She added
the policy committee members discussed how to be more affective with Congress.
Council Member Armenta reported she attended the League of California Cities Latino Caucus and discuss
many issues that are impacting communities. Also attended the Nation Policy on Health Care, which Mayor
Alarcon and herself, received scholarships to attend.
8. ADJOURNMENT
The meeting adjourned at 8:45 p.m. The next regular City Council meeting is scheduled to take place on
September 9, 2014 at 7:00 p.m. in the Rosemead City Hall Council Chamber.il
William Alarcon
Mayor
ATTEST:
3i a lc NASLA
O
Gloria Molleda
City Clerk
Rosemead City Council Regular Meeting
Minutes of August 12,2014
Page 10 of 10
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD
I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the regular
meeting minutes from August 12, 2014, was duly and regulady approved and adopted by the
Rosemead City Council on the 14t of October 2014, by the following vote to wit:
Yes: Alarcon, Armenta, Dark, Low, Ly,
No: None
Abstain: None
Absent: None
6 LsQ
loria Molleda
City Clerk