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.
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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
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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
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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 .�
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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
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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
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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.
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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.
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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
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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.
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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.
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Air�
Marc Donohue, City Clerk
APPROVED: - »
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Sandra Armenia, Mayor
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