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CC- Agenda - 02-10-15Public 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 72 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 the Successor Agency of the Rosemead Community Development Commission JOINT MEETING AGENDA February 10, 2015 6:00 PM City Hall Council Chamber 8838 E. Valley Boulevard Rosemead, CA 91770 www. cityofrosemead.o rcl William Alarcon, Mayor Margaret Clark, Sandra Armenta, Mayor Pro Tem Council Member Polly Low, Council Member Steven Ly, Council Member ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 Workshop 6:00 p.m. • CALL TO ORDER— 6:00 p.m. • ROLL CALL: o City Council —Mayor Alarcon, Mayor Pro Tern Clark, Council Members Armenta, Low, Ly 1. DISCUSSION OF GRAFFITI REMOVAL PROCEDURES The City Council will conduct a study session workshop on the City's graffiti removal procedures. Regular Business Meeting 7:00 p.m. • CALL TO ORDER — 7:00 p.m. • PLEDGE OF ALLEGIANCE —Council Member Low INVOCATION — Council Member Ly • ROLL CALL: • City Council —Mayor Alarcon, Mayor Pro Tern Clark, Council Members Armenta, Low, Ly • Successor Agency —Chair Alarcon, Vice -Chair Clark, Members Armenta, Low, Ly 2. PUBLIC COMMENTS FROM THE AUDIENCE The City Council will receive public comments on matters not listed on the agenda. 3. PUBLIC HEARINGS A. The Five -Year Consolidated Plan and Fiscal Year 2015.16 Annual Action Plan Submission The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant (CDBG) and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan every five (5) years and an Action Plan must be completed annually. The City's current Consolidated Plan is set to expire on June 30, 2015. Page 2 of 9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 The Consolidated Plan is required to include an Annual Action Plan for the Fiscal Year period July 1, 2015 through June 30, 2016. The Action Plan includes a list of the activities the City will undertake to address priority needs and local objectives with anticipated program income and funds received during the next program year for meeting housing and community development objectives. Recommendation: That the City Council open the public hearing to take public testimony on the development of an updated Five -Year Consolidated Plan covering the period July 1, 2015 — June 30, 2020 and Annual Action Plan covering the period July 1, 2015 — June 30, 2016. No further City Council action is necessary. B. Extension of Urgency Ordinance No. 945 to Prohibit Issuance of any new Permit, License, Approval, or Entitlement Pertaining to New Massage Establishments or the Relocation of Massage Establishments On December 9, 2014, the City Council enacted Urgency Ordinance No. 945, which imposec a moratorium on the issuance of any permits, licenses, tax certificates, approvals, or entitlements for new massage establishments or the relocation of massage establishments for a period of 45 days. During this 45 -day period, staff and the City Attorney began the task of analyzing and interpreting AB 1147 ( "Massage Therapy Act of 2014 ") to determine whether the City's current laws regarding massage establishments need to be amended to be consistent with the new law. AB 1147 went into effect on January 1, 2015. In summary, the bill authorizes the continuation of statewide voluntary certification for massage therapists by the California Massage Therapy Council and restores some renewed regulatory authority to local governments. However, the extent of this renewed regulatory authority is still being analyzed. Due to City staff and the City Attorney's on -going review of AB 1147, the limited 45 -day period has not provided a sufficient amount of time to undertake a thorough assessment of the City's current massage ordinance and zoning regulations, to determine how they may need to be revised for compliance with AB 1147. Therefore, this warrants the City Council's consideration for the adoption of Urgency Interim Ordinance No. 946 to extend Urgency Ordinance No. 945 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council: 1. Conduct the noticed public hearing and receive public comment, and 2. Adopt Urgency Ordinance, No. 946, and direct the City Attorney to read the Ordinance by title only. Page 3 of 9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA EXTENDING THE PROVISIONS OF ORDINANCE NO. 945 FOR 10 MONTHS AND FIFTEEN DAYS TO CONTINUE THE MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF MASSAGE ESTABLISHMENTS FOR 10 MONTHS AND 15 DAYS 4. CONSENT CALENDAR A. Claims and Demands • ResolutionNo.2015 -09 Recommendation: to approve Resolution No. 2015 — 09, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,424,695.37 NUMBERED 87504 THROUGH 87666 INCLUSIVELY • Resolution No. 2015 — 03 Recommendation: to approve Resolution No. 2015 — 03, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $164,744.54 NUMBERED 10114 AND 10116 B. National League of Cities Congressional City Conference — March 7th — March 11th — Washington, DC The City Council will consider authorizing attendance at the National League of Cities Congressional City Conference in Washington, DC. Recommendation: That the City Council authorize attendance by any Council Member that wishes to attend the National League of Cities Congressional City Conference in Washington, DC, on March 7th — March 12th. Page 4 of 9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 C. Consideration to Cancel the March 10, 2015, City Council Meeting The City Council will consider action to cancel the March 10th City Council Meeting due to lack of quorum. Recommendation: That the City Council cancel the March 10, 2015, City Council Meeting. D. Approval of Undertaking Agreement for Parcel Map No. 70670 — 3715 Ellis Lane The Undertaking Agreement for Parcel Map No. 70670 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map, Recommendation: That the City Council approve the Undertaking Agreement for Parcel Map No. 70670 and direct the City Clerk to arrange for the recordation of the map. E. Release of Bond — 705 N. San Gabriel Boulevard On May 28, 1987 a Faithful Performance Bond and a Labor and Material Bond totaling $9,000 was required to guarantee miscellaneous public improvement work at 705 N. San Gabriel Boulevard. Upon completion of the project sometime after 1987, the Bond was not released. A request was received on January 28, 2015 to release the bond. Recommendation: That the City Council release the Bond to Sunshine Inn, F. Garvey Park Duff Field Renovations — Award of Contract — Fence Replacement and Site Work As a part of the City's Fiscal Year 2014 -15 Capital Improvement Program, the City Council approved the "Garvey Park Duff Field Renovations" Project which includes the installation of new lighting, fencing, turf and miscellaneous site improvements to the west ball field at Garvey Park. The project consists of the addition of new sports lighting, replacement of the existing chain link fence and backstop, and improvements to the landscape, irrigation, and adjacent concrete sidewalk. The work at this facility will take place in three phases based on the distinct scopes of work and the specialties of the contractors required to complete the work. Recommendation: That the City Council: 1. Approve the plans and specifications for the Garvey Park Duff Field Renovations Project; and 2. Authorize the City Manager to enter into a contract with AZ Construction, Inc. in the amount of $79,361 for the Garvey Park Duff Field Renovations Project and authorize a contingency amount of $11,900 (approximately 15 %) to cover the cost of any unforeseen construction expenses. Page 5 of 9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 G. Garvey Park Duff Field Renovations — Award of Contract — Lighting Installation As a part of the City's Fiscal Year 2014 -15 Capital Improvement Program, the City Council approved the "Garvey Park Duff Field Renovations" Project which includes the installation of new lighting, fencing, turf and miscellaneous site improvements at the west ball field at Garvey Park. The project consists of the addition of new sports lighting, replacement of the existing chain link fence and backstop, and improvements to the landscape, irrigation, and adjacent concrete sidewalk. The work at this facility will take place in three phases based on the distinct scopes of work and the specialties of the contractors required to complete the work. This phase of work includes the installation and expansion of lighting on both the ball field and the multipurpose field. The lighting installation will be performed by Musco Lighting, which has been the exclusive provider of sports lighting to the City for several decades. Musco's proposal includes installation of twelve ball field light standards on six galvanized poles along the ball field and the multipurpose field. The project will achieve significant energy efficiencies, improved lighting controls, and include an extensive warranty and maintenance program for a period of twenty -five years. Recommendation: That the City Council: 1. Authorize the City Manager to enter into a professional service agreement with Musco Lighting as a sole source provider for the installation of sports lighting at Garvey Park Duff Field and multi - purpose field in an amount not to exceed $242,961. In addition, authorize a contingency amount of $24,500 (approximately 10 %) to cover the cost of any unforeseen construction expenses. 2. Approve Resolution No. 2015 -10, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROPRIATING ADDITIONAL FUNDS FROM THE CITY'S STREET LIGHTING DISTRICT FUND FOR THE GARVEY PARK DUFF FIELD IMPROVEMENTS PROJECT — REPLACEMENT OF SPORTS LIGHTING 5. MATTERS FROM CITY MANAGER & STAFF A. Shopping Cart Retrieval and Containment Ordinance Under Rosemead Municipal Code Section 9.12.080, the abandonment of a commercial shopping cart upon any public street, alley, sidewalk, public place or private property is prohibited. Despite this existing code section, the City's efforts of contracting with a shopping cart retrieval service, issuing administrative citations, and conditioning new businesses to require utilization of shopping cart containment mechanisms; there is still a Page 6 of 9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 significant problem of abandoned shopping carts within the City. On January 13, 2015 the City Council discussed various options and provided direction to staff on a draft ordinance. Based on the Council direction, Ordinance No. 947 has been prepared for consideration. Recommendation: That the City Council introduce Ordinance No. 947, for first reading, and direct the City Attorney to read the Ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING CHAPTER 9.12.080 OF, AND ADDING PART 9.32 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO SHOPPING CART RETRIEVAL AND CONTAINMENT BY OWNERS B. Ordinance No. 948 — Authorizing the City Engineer to Regulate Turn Movements In November 2014, the Traffic Commission reviewed concerns and inquiries regarding dangerous turn movements and the City's ability to regulate these turn movements for the purpose of traffic safety. Most specifically, the community voiced concerns regarding U- Turns being made midblock, as opposed to an intersection, and the safety hazards these turn movements create. California Vehicle Code, section 22103, allows the U -Turn movements to be made midblock, provided there are no oncoming vehicles within 200 feet. Although these movements are permissible in certain cases, the City does have the ability to regulate turn movements, for safety purposes, by way of ordinance. The Traffic Commission has recommended the introduction of an ordinance that would allow the City Engineer to regulate certain turn movements along specific segments of streets or at particular intersections. This Ordinance was first presented to the City Council on January 10, 2015 and at that time the Council expressed concern regarding the procedure and implementation of the ordinance, especially as related to public vetting and notification. Staff has revised the Ordinance and addressed the concerns of the Council by including Traffic Commission review and publishing the regulations prior to implementation. Recommendation: That the City Council introduce Ordinance No. 948, for first reading and direct the City Attorney to read the Ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING THE CITY ENGINEER TO REGULATE OR PROHIBIT ANY TURN MOVEMENT BY ANY VEHICLE AT ANY SPECIFIC INTERSECTION OR ALONG ANY SPECIFIC STREET SEGMENT WITHIN THE CITY LIMITS Page 7of9 ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 C. Urgency Ordinance No. 950 — Authorizing the Collection of Attorneys' Fees in Actions to Abate a Public Nuisance The Rosemead Municipal Code currently identifies conditions that constitute public nuisances, and provides procedures for both the voluntary and summary abatement of such nuisances. California Government Code section 38773.5 authorizes the City to provide for the recovery of attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. As documented through past enforcement actions, nuisance abatement procedures can be time - consuming and result in significant costs to the City. In order to ensure that the City is able to recoup as much of its costs as possible in future successful nuisance abatement proceedings, it is necessary for the City to adopt a procedure in accordance with Government Code section 38773.5 that authorizes the prevailing party to recover attorneys' fees. The public health, safety, and welfare further requires that this Ordinance be enacted as an urgency ordinance to safeguard the orderly administrative operations of the City and reduce financial impacts that may otherwise arise out of nuisance abatement actions that are anticipated in the near future. Recommendation: That the City Council approve Ordinance No. 950, and direct the City Attorney to read the Ordinance by title only. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA ADDING SECTION 1.16.040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF ATTORNEYS' FEES IN ACTIONS TO ABATE A PUBLIC NUISANCE D. Mid -Year Budget Update and 2015.16 Outlook The Council will be provided with a mid -year Budget update presentation regarding status of the current 2014 -15 fiscal year Budget along with a brief look towards the upcoming fiscal year. Recommendation: That the City Council receive and file the mid -year budget update report. 6. MATTERS FROM MAYOR & CITY COUNCIL ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA February 10, 2015 7. ADJOURNMENT The next regular City Council meeting is scheduled to take place on February 24, 2015 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Upcoming City - Sponsored Community Events City -Wide Yard Sale Saturday, March 7' Southern California Edison Parking Lot 5:00 a.m. - 3:00 p.m. 2255 Walnut Grove Page 9 of 9