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CC - Item 5B - Minutes of September 22, 2015 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING SEPTEMBER 22,2015 Workshop 6:00 p.m. The meeting of the Rosemead City Council was called to order by Mayor Clark at 6:04 p.m. in the Rosemead City Hall Conference Room located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Clark, Mayor Pro Tern Armenta, Council Members Alarcon, Hall. Council Member Low arrived at 6:09 pm. STAFF PRESENT: City Manager Allred, City Attorney Richman, Interim Public Works Director La, City Engineer Fajardo, Public Works Manager Sullivan and Interim City Cletk Cowley. A. Update regarding Valley Boulevard MTA Grant, Rosemead Avenue HSIP Grant,and Garvey Avenue MTA Grant Interim Public Works Director La presented a PowerPoint presentation along with the staff report updating the City Council regarding the Valley Boulevard MTA Grant. The proposed project would be along Valley Boulevard beginning at Charlotte and continue to Temple City Boulevard. He provided background on applying for and receiving the grant fund stating In January 2011 staff submitted a grant application for MTA(RSTI)funding. In September 2011, the City was selected to receive RSTI funding in the amount of $780,793 based on the criteria in the grant application. The funding becomes available in FY 2015/16 and FY 2016/17, noting the City will have to match funds in the amount of$38,831. Mr. La advised the Countif that one of the challenges with the funding scope is it requires a third lane east bound and west bound during t e AM and PM peak hours, raised center medians from Walnut Grove Avenue to Mission Drive and a Class-Ill bikeway. Public Works Director La advised the City Council that the positive of the improvements is it increases mobility and enhances safety. He explained that the negative effects are it limits on-street parking during peak hours and eliminates left-turn access which could impact adjacent businesses. Mr. La explained staff was looking for Council direction as to whether the City wants to pursue the grant funding to make these improvements on Valley Boulevard. He also explained that if the City decided not to use the funds, it might have an effect on the City's ability to obtain MTA funds in the future. A lengthy discussion between the City Council and staff regarding the impact this project would have on the businesses located on Valley Boulevard as a result of the peak parking restrictions,the medians and the inability to make left turns. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page I of ITEM NO. 5.B After some discussion, the City Council directed staff to meet with the businesses on Valley Boulevard and receive their input to determine how they would feel about the changes and whether they thought the improvements would impact their businesses. Discussion also ensued regarding how the improvements would affect future events. Brian Lewin addressed the City Council with his concerns about the medians and the flow of traffic. Thereafter, the Interim Public Works Director provided the City Council with a preview of the Garvey Avenue 2015 Countywide Call for Projects and the Rosemead Boulevard Improvement project. He explained the City would know by September 24, 2015 whether it received RSTI funding in the amount of $2,315,305 under the Countywide Call for Project, which includes a 2.2 mile section of Garvey from New Avenue to Sullivan Avenue. The funding would be available for FY 20/19/20 and FY 2020/2021. He provided the City Council with drawings of the proposed improvements and emphasized that the City Council will have to decide whether it wants to keep the bike lanes proposed in the Garvey Avenue Specific Plan or widen Garvey to include a third lane with peak parking restrictions. He advised That Council has time to make decisions on this project but any changes would need to be incorporated into theSpecific Plan. Mr. La updated the City Council on the Rosemead Boulevard Improvement project providing landscaping in the medians from the railroad to Lower Azusa and install traffic signals at Rosemead and Valley and Rosemead and Mission, as well as sidewalks from Bridge to approximately Lower Azusa. ADJOURN WORKSHOP There being no further business to come before the City Council, Mayor Clark adjourned the workshop meeting at 6:58 pm. Regular Meeting Minutes 7:00 p.m. The meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor/Chair Clark at 7:06 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Council Member/Board Member Hall INVOCATION was led by Council Member/Board Member Low PRESENT: Mayor/Chair Clark, Mayor Pro TemNice-Chair Armenta, Council Members/Board Members Alarcon, Hall, and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott, Public Works Manager Sullivan, and Interim City Clerk Cowley. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page 2 of 8 2. PUBLIC COMMENTS FROM THE AUDIENCE None. 3. PUBLIC HEARINGS A. MUNICIPAL CODE AMENDMENT 15.05—ADOPTION OF AMENDED FIREWORKS ORDINANCE AND RELATED FEES RESOLUTION RECOMMENDATION: It is recommended that the City Council take the following actions: (1) Move to introduce for First Reading, by title only, Ordinance No. 955:"An Ordinance of the City Council of the City of Rosemead, County of Los Angeles, State of California,Approving Municipal Code Amendment 15-05 Amending Subsection 828 in its Entirety of Title 8(Health And Safety)of the City of Rosemead Municipal Code Related to Regulating Fireworks';and(2)Adopt City Council Resolution No.2015-56 authorizing the fireworks stand fees and civil administrative citation fines. Community Development Director Michelle Ramirez advised the City Council that Municipal Code Amendment 15-05 is a City-initiated amendment that proposes to amend, in its entirety, Section 8.28 of the City's Health and Safety Code entitled *Fireworks." She reminded the City Council that the Code currently allows the sale and discharge of safe and sane fireworks within the City limits for the 49h of July holiday However, the City's current code does not accurately reflect the process to obtain a permit for the sale of fireworks or include the appeal process for the denial of a fireworks stand permit, or address the penalties for selling, discharging, or possessing illegal fireworks. Chapter 8.28 has been amended in its entirety to address this issue. There is one change staff suggests the City Council consider, explaining that under the current code the discharge of fireworks can take place beginning at noon on the 28'^day of June and ending at noon on the Vichy of July. However, under Municipal Code Amendment 15-05 the discharge of safe and sane fireworks would be restricted from 10:00 a.m. to 11:59 p.m. on July 4th, only. Because this restriction could result in the hindering of the sale of safe and sane fireworks within Rosemead, it is recommended the City Council consider retaining the existing language On the discharge of safe and sane fireworks. She added that as part of the amendment the City Council must adopt a resolution reinstating fees as related to fireworks stands and establishing administrative citation fines for a violation of Chapter 8.28.:.Staff is recommending the City Council introduce Ordinance No. 955 for first reading by title only with the noted changes and adopt City Council Resolution No. 2015-56 authorizing the related fees and fines. Mayor Clark opened the public hearing at 7:11 p.m. Adriane Hernandez addressed the City Council regarding the noise from fireworks and the effects it has on her autistic son. She asked the City Council to consider limiting fireworks to the 4th of July only. She discussed the experience she had this year with the excessive use of fireworks and the hardship it caused her family. Brian Lewin supported the ordinance because of his experience with illegal fireworks lasting until August. He asked if the ordinance and other documents that are coming before Council be put on the website for review by the public prior to the day the agenda is posted. He felt it Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22, 2015 Page 3 of 8 wasn't practical to have to go to the City Clerk or other departments to review a document before Council acts on it. There being no further comments, Mayor Clark closed the public hearing at 7:15 p.m. Mayor Pro Tern Armenta expressed her concern over the time frame to allow the discharge of fireworks stating that every year she receives multiple text messages, Facebook posts, knocks on her door from neighbors who are not against the 4th of July, but expanding from the 28th to the 5'h only creates more havoc. She mentioned the complaints she receives from the parents of special needs children. She also expressed concern for the veterans who come back from active duty with Post Traumatic Stress Disorder. She did not think it was right that residents had to leave the city because the City allowed safe and sane fireworks to be discharged for nine days. She asked what was more important fund raisers or the Children, people with special needs, and veterans who returned from war. Mayor Clark pointed out that the current ordinance contains those dates; it was not something new and other cities have the same time frame. Ms. Clark stated she feels compassion for the issue but she felt most of the disturbing fireworks were illegal and she did not want to punish the people who were doing the right thing because of the people who are doing the illegal fireworks. Mayor Clark suggested postponing this ordinance and look into the impacts further, expressing her favor toward the revised amendment. She didn't think the City should make such a drastic change to the ordinance without first looking Into it She felt most of the problems were from the illegal fireworks and the City needed to crack down on the illegal fireworks, and moved to approve the revised ordinance. The motion died for a lack eta second. Council Member Low queried what:Mayor Clark meant by the revised ordinance. The City Attorney advised that.the Mayor was talking about the ordinance on the dais, in which the changes were highlighted. Council Member Low said she wag supportive of only allowing legal fireworks on July 4th because that is the day of the celebration. She felt the City should take into consideration the residents:and people who have problems with loud noises. She was also concerned about the danger. :Council Member.Low felt the ordinance appears to be too relaxed and thinks that's why people feel they can do whatever they want. A discussion ensued among Council regarding the issue of harming the non-profits, illegal fireworks, when people like to set off fireworks, and the reduction in sales if people are only allowed to set them off on one day. Council Member Alarcon offered a compromise to allow the discharging of fireworks one day before the 4th, on the 4'", and one day after the 4th. On the 3r°, 4Th and 51° of July. Council Member Hall expressed her support for allowing safe and sane fireworks on the 3"', 4'h and 5'"of July. Council Member Armenta reiterated her opposition to allowing fireworks on multiple days due to the difficulties placed on the residents. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page 4 of 8 Council Member Low stated her support for allowing fireworks on the 4'h of July, but she is willing to support one day before and one day after. ACTION: Moved by Council Member Low, and seconded by Mayor Pro Tern Armenta, to allow the discharging of fireworks on July 4th, only. A substitute motion was made by Mayor Clark, and seconded by Council Member Alarcon, to allow the discharging of fireworks beginning at noon on July 3rd and ending at noon on July 5'h. After a brief discussion, Mayor Clark amended her Motion to allow the fireworks until 9:00 p.m. on July 5th; Council Member Alarcon agreed to the amendment. The motion carried by the following vote: AYES: Alarcon, Clark, Hall, Low. NOES: Armenta. Mayor Pro Tem Armenta asked that the record reflect the reason she voted no is because she was against any other day except the 4'h of July. City Attorney Richman read the title of the ordinance as follows: Ordinance No.955:An Ordinance of the City Council of the City of Rosemead, County of Los Angeles, State of California,Approving!Municipal Code Amendment 15-05 Amending Subsection 8.28 in its Entirety of Title 8(Health And Safety)of the City of Rosemead Municipal Code Related to Regulating Fireworks and Temporary Fireworks Stands. Mayor Pro Tem Armenta announced that this is the first reading and anyone can come to the City Council and speak against the ordinance even though it has been voted on during the first reading. She wanted everyone tosbe aware that the public can come and voice their opinion when the ordinance is adopted. ACTION: Moved by Council Member Low, and seconded by Council Member Alarcon, to adopt Resolution Na 2015•56 authorizing the fireworks stand fees and civil administrative citation fees. Following some discussion on the fines and whether a lien can be placed on the property or automobiles, the motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall, Low. 4. PRESENTATIONS There were no presentations. 5. CONSENT CALENDAR Council Member Low advised that she had some clerical corrections to the Minutes of September 9, 2014 and asked whether the Minutes should be pulled from Consent. City Attorney Richman advised that if the corrections are typographical, then Council Member Low may give them to the City Clerk. Council Member Hall said she needed to abstain from the Minutes of September 9, 2014, May 12, 2015, and June 9, 2015 because she wasn't present at those meetings. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22, 2015 Page5 of8 City Attorney Richman recommended Item B,Approval of Minutes be pulled from the Consent Calendar and acted on separately. A. Claims and Demands • Resolution No. 2015-57 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF 5555,530.26 NUMBERED 90016 THROUGH 90146 INCLUSIVELY Recommendation: Adopt Resolution No. 2015-57 • Resolution No. 2015-19 entitled: A RESOLUTION OF THE CITY OF ROSEMEAD SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF 52,157,470.06 NUMBERED 10141 HROUGH 10146 Recommendation: Adopt Resolution No. 2015-19 ACTION: Moved by Council Member Low, and seconded by Council Member Alarcon, to approve Item A on the Consent Calendar, Claims and Demands. The Motion unanimously carried by the following vote: AYES: Alarcon, Armenta, Clark, Hall, Low. ITEMS PULLED FROM THE CONSENT CALENDAR B. Approval of Minutes • Minutes of February 25,2014 • Minutes of 9,2014 ▪ Minutes of May 12,2015 • --Minutes of June 9,2015 • September 8,2015 : Recommendation: Approve the Minutes of February 25, 2014, September 9, 2014, May 12, 2015, June 9, 2015, and September 8, 2015. ACTION: Mayor Pro Tem Armenta moved, and seconded by Council Member Low,to approve the Minutes of February 25, 2014 and September 8, 2015.After a brief discussion in which the City Attorney advised that Council Member Hall did not need to abstain because the Council is merely attesting to the fact that the Minutes were prepared and presented by the City Clerk. The motion unanimously carried by the following vote: AYES: Alarcon,Armenta,Clark, Hall, Low. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page 6 of 8 ACTION: Mayor Pro Tern Armenta moved, and seconded by Council Member Low,to approve the Minutes of September 9, 2014, May 12, 2015, and June 9,2015. The Motion carried by the following vote: AYES: Alarcon,Armenta, Clark, Low. ABSTAIN: Hall. 6. MATTERS FROM CITY MANAGER&STAFF City Manager Allred advised the City Council that staff did not have any items on the agenda; however, he wanted to extend his thanks to Matt Hawkesworth,Assistant City Manager for his eight years of service to the City of Rosemead. Matt has been an integral part of the accomplishments the city has seen. He served as Assistant City Manager as well as periods where he was the Director of Finance and Director of Public Works, all with no additional compensation. Mr. Hawkesworth has resigned to take a position with the City of Pasadena, which is Rosemead's loss and Pasadena's gain. Mayor Clark added that she would like to reiterate the City Manager's sentiment. She told Matt she enjoyed working with him, he has done an excellent job and would be missed. Council Member Low thanked Matt for all his hard work acknowledging he has done a great job in the City of Rosemead for helping the City with the Budget and keeping the City in a stable position. Council Member Alarcon expressed His appreciation for the great job Matt has done for the City. Council Member Hall wished Mall Godspeed adding the City will miss him. Mayor Pro Tem Armenta congratulated Matt adding that he will do a great job in Pasadena just as he did in Rosemead. She added the City could not have made the changes without his guidance which is much appreciated; and the City.will be forever grateful. 7. MATTERS FROM CITY COUNCIL There were none. 8. COUNCIL COMMENTS Mayor Pro Tern Armenia announced that October 29, 2015 is the Connections Forum at the Public Safety Center from 6:00 p m.to 7:30 p.m. The topic will be on the Sheriffs operations and patrol. She urged the public to attend. Mr:Allred added that the City Council will be invited to attend so the meeting will be agendaized as a City Council meeting, as well. Mayor Pro Tern Armenta also announced Civic Pride Day on April 30, 2016 at Savannah Cemetery. They are contemplating holding a fair to incorporate Earth Day in which there will be a bulky item drop off, and document shredding. Mayor Clark announced the dates and times of the upcoming City events. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page 7 of 8 9. ADJOURNMENT There being no further business to come before the City Council, Mayor Clark adjourned the meeting at 7:55 p.m. The next regular City Council meeting is scheduled to take place on October 13, 2015 at 7:00 p.m. in the Rosemead City Hall Council Chamber. Carol Cowley, Interim City Clerk APPROVED: Margaret Clark, Mayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of September 22,2015 Page 8 of 8