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CC - Minutes - 12-13-16 MINUTES OF THE CITY COUNCIL,HOUSING DEVELOPMENNT CORPORATION,AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING DECEMBER 13,2016 The meeting of the Rosemead City Council was called to order by Mayor Armenta at 6:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Armenta, Mayor Pro Tern Low and Council Members Alarcon, Clark (entered the meeting at 6:03 p.m.), and Ly 1. CLOSED SESSION The City Council will meet in Closed Session to discuss the following: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code Section 54956.9 (d)(2): 3 potential cases Mayor Armenta recessed the meeting to closed session at 6:03 p.m. City Attorney Richman reported there was no reportable action taken during closed session. RECONVENE TO REGULAR MEETING The joint meeting of the Rosemead City Council and Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Armenta at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Councilmember Ly INVOCATION was led by Councilmember Alarcon PRESENT: Mayor/Chair Armenta, Mayor Pro Tem/Vice-Chair Low and Council Members/Board Members Alarcon, Clark, and Ly STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney, Director of Finance Chu, Director of Parks and Recreation Chacon, Director of Public Works Garcia, Director of Community Development Ramirez, and City Clerk Donohue 2. PUBLIC COMMENT Su Yamamoto Manager at Los Angeles County Library reported the increased community involvement in reading activities, participation of the Friends of the Library books sales and noted Rosemead Library was eighth place in circulation of books amongst the entire county. Rosemead City Council,Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13,2016 Page 1 of 12 Council Member Clark thanked Ms. Yamamoto for her work in the library. Mayor Pro Tern Low asked Ms. Yamamoto if there are residents who have inquired about extending the operating hours of the library a Ms. Yamamoto replied she has submitted a proposal to the Los Angeles county Board of Supervisors to consider some additional hours for the library. Council Member Alarcon commended Ms. Yamamoto on her commitment to the community and library. Mayor Armenia asked if the library provided any type of tutoring or resources for parents to assist their children. Ms. Yamamoto explained the library does have a program called Homework Help to assist elementary school level students with their homework. Otherwise, staff directs parents back to the school districts for any additional tutoring programs. 3. PRESENTATIONS A. City Video Presentation Mayor Armenia introduced the City video used in becoming a finalist for the Eddy Awards in the small city category. 4. PUBLIC HEARINGS A. Interim Urgency Ordinance Declaring and Imposing a Citywide Moratorium on Non-Medical Marijuana Facilities and Private Marijuana Cultivation in Light of the Passage of Proposition 64 Recommendation: That the City Council adopt Urgency Ordinance No. 969 under Government Code section 65858(a), establishing a 45-day moratorium on non- medical marijuana facilities and private marijuana cultivation, except for private indoor cultivation of six marijuana plants or less, which shall be subject to reasonable regulations. This interim urgency ordinance requires a four-fifths vote for adoption. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING A MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES Community Development Director Ramirez reported proposition 64 legalized the recreational use of marijuana on November 8th. The Rosemead Municipal Code currently prohibits medical marijuana dispensaries and marijuana cultivation °* facilities but it is silent on private marijuana cultivation and non-medical Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 2 of 12 marijuana facilities. Given uncertainties associated with implementation of Proposition 64 and the impact of recreational marijuana uses on the community, staff recommends consideration on adopting an Urgency Ordinance that would impose a moratorium on non-medical marijuana facilities and private marijuana cultivation. City Attorney Richman read Urgency Ordinance No 969 by title only. Mayor Armenta opened Public Hearing at 7:18 p.m. there being no comments from the public the Public Hearing closed at 7:19 p.m. ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tern Low to adopted Urgency Ordinance 969. The motion carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,Ly B. Public Hearing on the Adoption of California Building Laws as Amended by Los Angeles County Recommendation: That the City Council take the following actions: 1. Move to INTRODUCE and ADOPT, by title only, Urgency Ordinance No. 967 by reference, pursuant to Government Code Section 50022.2, the California Building Code and adopting local amendments thereto and declaring the urgency thereof; and AN URGERNCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), THE CALIFORNIA EXISTING BUILDING (TITLE 33 LOS ANGELES COUNTY EXISTING BUILDING CODE) AND ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING THE URGENCY THEREOF. 2. Move to INTRODUCE FIRST READING, by title only, Ordinance No.968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13,2016 Page 3 of 12 BUILDING STANDARDS CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY "' ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE • CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), TITLE 33 LOS ANGELES COUNTY EXISTNG BUILDING CODEAND ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING THE URGENCY THEREOF. Community Development Director Ramirez stated the California Building Laws as amended by Los Angeles County have been adopted by the City of Rosemead every three years. In order for the new Laws to be effective January 1, 2017 the City of Rosemead must both adopt an urgency ordinance as well as introducing a non urgent ordinance adopting the County codes. Council Member Clark asked for clarification on the new laws of the Building Code. Community Development Director Ramirez explained there were minor modifications. Mayor Armenta opened the Public Hearing at 7:22 p.m. there being no comments the Public Hearing closed at 7:22 p.m. City Attorney Richman read Urgency Ordinance No 967 by title only. ACTION: Moved by Council Member Ly and Seconded by Council Member Alarcon to introduce and adopt by title Urgency Ordinance 967: The motion carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,Ly City Attorney Richman read Urgency Ordinance No 968 by title only. ACTION: Move by Council Member Ly and Seconded by Mayor Pro Tern Low to Introduce for first reading by title Ordinance no 968: The motion carried by a unanimous vote: AYES: Alarcon, Armenta, Clark, Low,Ly 5. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2016-62 .� Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 .Page 4 of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $616,523.41 NUMBERED 94480 THROUGH NUMBER 94668 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2016-62 • Resolution No. 2016-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,552,975.92 NUMBERED 94669 THROUGH NUMBER 94766 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2016-63 • Resolution No. 2016-21 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,023,953.24 NUMBERED 10192 THROUGH NUMBER 10193 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2016-21 SA • Resolution No.2016-22 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,316.00 NUMBER 10194 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2016-22 SA • Resolution No. 2016-09 RHDC A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,302.00 NUMBER 1585 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Rosemead City Council,Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 5of 12 Recommendation: Adopt Resolution No. 2016-09 RHDC B. City Council Meeting Minutes "' Recommendation: That the City Council approve the minutes from the regular - meeting on October 11, 2016 and the regular meeting on November 8, 2016. C. Ordinance 966— Second Reading and Adoption: Skate Plaza Regulations Recommendation: That the City Council approve the second reading and adoption of Ordinance No. 966. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING SECTIONS 10.20.030, 10.20.040, AND 10.20.050 TO TITLE 10, CHAPTER 10.20 OF THE ROSEMEAD MUNICIPAL CODE SETTING REGULATIONS FOR THE USE OF DESIGNATED SKATE PARKS CONSISTENT WITH CALIFORNIA HEALTH & SAFETY CODE SECTION 115800 D. Annual Report on Development Impact Fees—Government Code Section 66006 Recommendation: That the City Council receive the Annual Report on Development Impact Fees for FY 2015/16 and adopt Resolution No. 2016-60. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REGARDING THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AS OF JUNE 30, 2016 E. Temporary Appointment to the Los Angeles County Sanitation District Recommendation: That the City Council appoint Councilmember Margaret Clark as the temporary alternate on the Los Angeles County Sanitation District for only the November 14, 2016 meeting. F. Information Technology Professional Services Recommendation: That the City Council authorize the City Manager to enter into a three year Professional Services Agreement with Interwest Consulting Group for Information Technology (IT) Project Management Services and appropriate $19,704 from unassigned fund balance to offset the current IT Services budget for FY 2016-17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROPRIATING ADDITIONAL FUNDS FROM THE GENERAL FUND RESERVES FOR THE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES . a( CONTRACT Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 6 of 12 G. Approval of Undertaking Agreement for Tract Map No. 72871 - 9048 Garvey Ave Recommendation: That the City Council approve Tract Map No. 72871 and the Undertaking Agreement and direct the City Clerk to arrange for the recordation of the map. H. Traffic Signal Maintenance Services—Contract Award Recommendation: That the City Council authorize the City Manager to enter into a two (2) year contract with St. Francis Electric for an estimated annual cost of $106,950 for the first two (2) years, with an annual option to renew for the following two (2) years. Adoption of Complete Streets Policy to Maintain Eligibility for Grant Applications Recommendation: That the City Council approves to adopt Resolution No. 2016- 66 (Attachment"A") adopting the Rosemead Complete Streets Policy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING A COMPLETE STREETS POLICY Mayor Armenta announced staff pulled item 5I from the agenda. Council Member Ly asked if the new IT Services contract was in lieu of the current contract. City Manager Manis explained the new IT Services contract would replace the current IT Services contract to oversee the IT needs of the City under a new contract. Council Member Clark inquired on the temporarily appointment on the Sanitation District if Mayor Pro Tem Low was unable to attend, was it allowable to attend in her place. Mayor Pro Tem Low replied she was able to attend the December 19th meeting. City Attorney Richman stated the item is noticed as a temporary appointment to the Los Angeles County Sanitation District as specified on the staff report. If Mrs. Low could not attend the Council could discuss a temporary appointment again. Council Member Clark clarified the Council would have to retroactively make the appointment. Mayor Armenta announced she cannot attend the meetings because she could not leave school for a 20 minute meeting. Rosemead City Council,Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 7 of 12 ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tern Low to approved the Consent Calendar Items 5A, 5B, 5C, 5D, 5E, 5F, 5G and 5H with the exception of Item 5I. Followed by a unanimous vote: AYES: Alarcon, Armenta, Clark,Low,Ly • y 6. MATTERS FROM CITY MANAGER & STAFF A. Amendments to Rosemead Municipal Code Title 6 -Animals Recommendation: That the City Council approve the first reading of Ordinance No. 970, amending Title 6 of the Rosemead Municipal Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING ROSEMEAD MUNICIPAL CODE TITLE 6 CONCERNING ANIMALS Assistant City Manager McKinney explained the Rosemead Municipal Code Title 6 was last amended in 2009. At that time the code included a limit on household pets permitted per dwelling unit by making those references found in the Zoning Code. However, the Zoning Code was updated in 2013 and the household pet language was unintentionally omitted. Therefore, staff was recommending the animal limit be returned to the municipal cod and also include optional identification licenses for cats which was not included in the fee resolution. The proposed ordinances would change the limit to the number of pets in a dwelling unit to three pets, add a pets definition section on title 6.02.010 and a new section title 6.04.240 animal keeping. Council Member Ly stated he was concerned with limiting animals per dwelling unit because pets could be an individual's therapy or family member. He expressed he could not support the animal limit of three per household. Mayor Armenta stated if you have two dogs you cannot have two cats you could only have a total of three pets. She asked if birds were considered pets as well. Community Development Director Ramirez clarified birds were not considered pets. Mayor Pro Tern Low agreed with Council Member Ly on the limit of pets per household and suggested to increase the amount. Mayor Arntenta stated a resident went to apply for four dog licenses and the Public Safety Center was going to deny her. After speaking with the concerned resident, staff confirmed there was no limitations on pets. The Public Safety Center was referring back to an old code. She asked Council to give direction on how many pets should a household have. Brian Lewin suggested allowing households to have a limit of six pets. He advised to also consider the noise issue on dogs and possibly lowering the *-• amounts of dogs per household. Rosemead City Council,Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 3 of 12 Mayor Armenta stated she would like to keep the number of all pets the same. Council Member Ly stated he agreed with Mr. Lewin's suggestion of six pets per dwelling and asked staff to explain what were considered miscellaneous pets. Mayor Armenta clarified birds and turtles were not considered pets. Assistant City Manager McKinney explained miscellaneous pets were monkeys, chimpanzees, and apes according to the municipal code. The code does have regulations which state the animal has to be in a controlled environment. Mayor Armenta asked how are individuals able to have monkeys and apes if they are wild animals. She also asked if chickens and roosters were permitted. Assistant City Manager McKinney explained, no person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type, shall permit, allow- or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. In addition, Assistant City Manager McKinney added section C stated horses may be kept on those premises where permitted by the zoning ordinance, however the zoning ordinance did not allow you to have horses. Community Development Director Ramirez clarified the way the Zoning Code reads, it refers you back to the animal section in the code on what it allows. Council Member Ly reaffirmed the City did not allow for horses. Mayor Armenta stated both the zoning ordinances and animal code need to be revised. Mayor Pro Tern Low suggested not to exceed eight pets. Community Development Director Ramirez stated if members of the public do have an ape or chimpanzee as a pet and it becomes a nuisance, there is a process to remove the animal. City Attorney Richman stated it's a much more difficult process as opposed to saying you could only have six versus seven pets. Council Member Ly stated regardless of what process you would go it would be cumbersome depending on how cooperative that person is. City Attorney Richman stated it would also depend if the person is willing to comply. Community Development Director Ramirez explained since the code stated it was three pets per household, a lot of codes state they can go above three and you Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 9 of 12 would have to get a special permit. Council Member Ly stated he did not want to approve animal permits at a council - " level. City Manager Manis suggested approving the permit administratively. Council Member Ly disagreed with asking residents to obtain permission from the City to have additional pets. Mayor Pro Tern Low agreed with Council Member Ly and made a motion to place a limit if eight pets per household. Council Member Clark asked if the definitions on pets could be revised. Mayor Armenta clarified the ordinance before the City Council was to adjust the limits on pets. City Attorney Richman stated the City adopted the Los Angeles County Code by reference and some sections are outdated. Council Member Clark suggested looking into the definitions of pets so residents do not think they can have a horse. Council Member Ly agreed staff should bring back the animal section and clean up the current language. • Council Member Clark stated she would preferred not to exceed six pets. ACTION: Moved by Mayor Pro Tem Low and seconded by Council Member Ly to approve the recommended action and increase the number of pets not to exceed eight. Followed by the following vote: AYES: Armenta, Low, Ly, NOES: Alarcon and ABSTAIN: Clark Mayor Armenta directed staff to look into the animal ordinances because the zoning ordinance is dependent on what the animal ordinance states 7. MATTERS FROM MAYOR & CITY COUNCIL A. Casting Votes for the San Gabriel Basin Water Quality Authority Vacancy Recommendation: That the City Council adopt Resolution No. 2016-64, casting its vote for Margaret Clark to fill the vacancy on the Board of the San Gabriel Basin Water Quality Authority. Rosemead City Council,Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13,2016 Page 10 of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CASTING ITS VOTES FOR MARGARET CLARK OF THE CITY OF ROSEMEAD, CALIFORNIA, TO FILL A VACANT SEAT EXPIRING JANUARY 1, 2019, REPRESENTING CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY City Clerk Donohue stated the San Gabriel Basin Water Quality Authority was requesting the City Council adopt a Resolution casting its votes for the Board Member to represent cities without prescriptive water pumping rights on the Governing Board of the San Gabriel Basin Water Quality Authority. ACTION: Moved by Council Member Ly and seconded by Council Member Alarcon the recommended action. Followed by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low, Ly B. City Council Comments Council Member Ly commended the Parks and Recreation staff for a successful and well attended Christmas Tree Lighting Ceremony and Dinner with Santa event. He requested the repainting of any overpass which shows wear and tear. Council Member Ly expressed concerns with the senior housing waiting list and asked staff to look into possibly having or building two more senior homes to address the demands in the City. Mayor Pro Tern Low commended staff for a successful toy drive at the Public Safety Center. Mayor Armenta commended the Parks and Recreation staff on the Tree Lighting Ceremony and Dinner with Santa event. She discussed a previous conversation with the Parks and Recreation Director about eliminating Dinner with Santa. She clarified there would be either a dinner or a breakfast with Santa event in the future. Also, she requested staff look into moving the Sweethearts Jamboree event back to a Saturday event. She commended City Manager Manis for doing a good job on informing the Council on changes to departments affecting the City. Lastly, she thanked everybody who expressed their support her after the passing of her mother. She also thanked Council Member Clark and Council Member Ly for assisting her during the nomination period. S. ADJOURNMENT Mayor Pro Tern Low adjourned the meeting in memory of Yolanda Armenta at 8:05p.m.The next regular City Council meeting is scheduled to take place on January 10, 2017, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission loin Meeting Minutes of December 13, 2016 Page 11 of 12 Air� Marc Donohue, City Clerk APPROVED: - » ISCG74�illi 4 .1-; Sandra Armenia, Mayor City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 13, 2016 Page 12 of 12