Loading...
CC - Minutes - 02-28-17 MINUTES OF THE CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING FEBRUARY 28,2017 Closed session The meeting of the Rosemead City Council was called to order by Mayor Armenta at 6:25 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, and Ly ABSENT: Council Member Clark STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney, Director of Community Development Ramirez, Director of Finance Lieu, Director of Parks and Recreation Chacon, Director of Public Works Garcia, and City Clerk Donohue 1. CLOSED SESSION The City Council will meet in Closed Session to discuss the following item: A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code Section 54956.9 (d)(2): 1 potential case Mayor Armenta recessed the City Council meeting to closed session at 6:26 p.m. and reconvened back from closed session at 7:04 p.m. City Attorney Richman announced there were no reportable actions taken by the City Council during closed session. RECONVENE TO REGULAR MEETING The joint meeting of the Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission was called to order by Mayor Armenta at 7:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor/President/Chair Armenta, Mayor Pro Tem/Vice-President/Vice-Chair Low, Council Members/Board Members/Directors Alarcon, and Ly ABSENT: Council Member/Board Member/Director Clark Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 1 of 9 STAFF PRESENT: City Manager Maths, City Attorney Richman, Assistant City Manager McKinney, Director of Community Development Ramirez, Director of Finance Lieu, Director of Parks and Recreation Chacon, Director of Public Works Garcia, and City Clerk Donohue PLEDGE OF ALLEGIANCE was led by Councilmember Alarcon INVOCATION was led by Mayor Armenta 2. PUBLIC COMMENT James Berry thanked the City Council and staff for the opportunity to be part of the Quality of Life project and assisting on the clean-up efforts. He suggested the City increase more awareness on the bulky item pick-up program to the public. Furthermore, Mr. Berry thanked staff on the clean-up efforts at the Auto Auction site and invited the City Council, staff and the public to the upcoming Civic Pride Day on April 29'h. Lastly, he thanked Assistant City Manager McKinney for providing the CERT Team traffic safety vests. Councilmember Ly stated residents have expressed similar concerns on issues regarding illegal dumping and asked what proactive approach the City is taking to limit illegal dumping. City Manager Manis stated staff is patrolling areas on Garvey Avenue where illegal dumping has been taking place; and the Chief of Police and Code Enforcement Officers have met with business owners to address illegal dumping. A camera has been stationed in the area and staff will inspect the video for any illegal dumping occurrences. Staff has also proposed a sting operation in the future to address illegal dumping. Mayor Armenta reported the Big Saver Market on Jackson Avenue and Garvey Avenue has become a blighted area again and asked if the property owners will be held responsible for maintaining their properties. City Manager Manis reiterated the property owner of the market has been cited with fines and staff is working with them to address the ongoing problem. 3. PRESENTATIONS -None 4. PUBLIC HEARINGS A. Public Hearing on Modification 16-02, a City Initiated Request to Eliminate Condition of Approval Number 59 from the Conditions of Approval for Development Agreement 04-01, Tentative Parcel Map 26827, and Conditional use Permits 02-882 and 03-939 (Walmart) Recommendation: That the City Council adopt Resolution No. 2017-08 with findings(Attachment"A") and approve Modification 16-02. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of Februaty 28, 2017 Page 2 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING MODIFICATION 16-02 TO ELIMINATE CONDITION OF APPROVAL NUMBER 59 FROM THE CONDITIONS OF APPROVAL FOR DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP 26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939. THE SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A C-3 (MEDIUM COMMERCIAL) ZONE(APN: 5279-033-001) Mayor Armenta stated Council Member Clark, who is ill, requested the public hearing item to be tabled to another council meeting. Therefore, the City Council would take public comments from the public for the record. She asked the public to be respectful of everybody's comments and opened the public hearing. David Luo, business owner at 1683 Walnut Grove Avenue, expressed support of the removal of Walmart's annual review. Mr. Luo stated the shopping center and its tenants have a good working business relationship. Brent McManigal, representing Walmart, stated he would reserve his comments for the next meeting when the full City Council is present. Ray Jan, Executive Director of the Chamber of Commerce, expressed support for removing Walmart's annual review. She added Walmart has been a positive business member to the community. Chris Olsen Assistant Scout Master for Troop 7 of South Pasadena expressed support for removing Walmart's annual review. He stated Walmart has been a supportive business member to the community. For example, Walmart donated funds to the troops when they needed to purchase outdoor camping equipment. John McCall, Pastor at 1972 North Fair Oaks, expressed support for the removal of Walmart's annual review. He emphasized Walmart has shown integrity and commitment when donating to the local organizations in the Rosemead community. John Lowrey referenced Code Enforcement Case 16-1270, indicating Walmart has not complied with code violations in removing shipping containers from the property. He read Conditional Use Permit No. 24 stating, "there shall be no outside storage of shipping containers other than in screened areas, all trash and debris shall be contain within a trash enclosure or compactor." He continued by reporting on December 19th, Code Enforcement Officer Co inspected the property and on December the 20th, a notice was sent to Walmart of the violations. On January 10th, 2017, Code Enforcement Officer Rodriguez went to the property, spoke to the store manager; January 12th, the store manager was contacted and cited a $250 fine on the ongoing violations; January 19th, Code Enforcement Officers inspected the property and there was 13 shipping containers remaining; On January 24th, Code Enforcement Officers spoke to the Walmart assistant store Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 3 of 9 manager and were cited a second time for $500. Mr. Lowrey added he attended the Planning Commission meeting of December 19th, 2016, where a Walmart attorney addressed the Commission and assured the shipping containers would be removed after the holiday season. Jim Flournoy residing at 8655 Landis View Lane expressed concerns with the Walmart property. He explained in his research the geology and geotechnical consultants reports did not mention the 1987 earthquake, which would have prompt the indication of an earthquake fault which is currently under the Walmart site. In addition, there is another fault west of the first fault, called the Upper Lesion Park Fault, which is on the State's database and classified as a B fault. The Environmental Impact Report states the Raymond is the next nearest fault in Whittier, six miles away. Mr. Flournoy indicated if an earthquake occurred, the store doors would become jammed because any settlement would offset the door frames. He suggested either the Planning Commission or the City Council look into this issue. Kenney Tran, store manager at Walmart, thanked the City for recognizing Walmart with a business recognition award. He stated as a member of the community, Walmart partners with schools and community organizations to assist them on their needs. He requested to speak at the next City Council meeting to address the public comments when the full council is present. In short, he addressed the shipping container issues, clarifying the code violations have all been removed. Lydia Martinez residing at1921 North Delta expressed concerns with the removal of the annual review for Walmart. She stated at the two Planning Commission meetings, the majority of the commission voted to retain the annual review which serves as a checks and balances. She reiterated having a Walmart store near residential areas has affected them in terms of increased traffic, thefts, and abandoned shopping carts on residential streets. Ms. Martinez pleaded to the Council to not removed condition no. 59. Yuki Fukumoto commented the Planning Commission voted to keep Walmart's annual review and asked the Council to uphold the Commission's decision. She indicated Walmart has done good things with the Boy Scouts and other organizations; however, the annual review only happens once a year allowing the City to address issues that have not been resolved. Ms. Fukumoto expressed frustration with the annual review issue having gone before the Planning Commission twice and the City Council for discussion a third time. She reiterated residents give up on speaking on the issues concerning Walmart and continue to be harmed. Lastly, she addressed the abandoned shopping cart issues, which has been ongoing for ten years. Mayor Armenta clarified the only reason why the public hearing was being tabled, was at the behest of an ill Council Member. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 4 of 9 Mr. Lowrey stated there were two Planning Commission meetings, at one a Commissioner stated he did not study the material, therefore extending the discussion to another meeting. He pointed out on a similar item on the streetlights issues were moved to another Council meeting because another member required more information. Mr. Lowrey also addressed vehicles parking in non-parking designated areas next to Wells Fargo Bank/Panda Restaurant. Councilmember Ly clarified to Mr. Lowrey the streetlight discussion was only delayed because staff was going to negotiate with Southern California Edison on the liability concerns depending on who would take over the services of the streetlights. He also added he attended the Planning Commission meetings, and explained a commissioner was out at one of the meetings; however the Planning Commission still voted on the item. The second Planning Commission meeting all five members voted on the Walmart item. Mr. Ly asked staff if other businesses have annual review conditions. Community Development Director Ramirez replied there are no other businesses that have annual reviews. Council Member Ly inquired on Walmart responsiveness to issues addressed by staff in the last ten years. Community Development Director Ramirez stated Walmart has responded positively in the previous years when staff is aware on any issues. Council Member Ly asked what markets have the biggest issues on abandoned shopping carts and do they have locking carts. Community Development Director Ramirez replied Rosemead Super Market and Big Saver Market have the most abandoned shopping carts. Staff has seen an increase on Target shopping carts in the last year. For example, kids use skateboard to roll out Target shopping carts. Council Member Ly recommended the public hearing be moved to the April 25th City Council meeting. Mayor Armenta announced the council reached a consensus to bring back the Walmart discussion for April 25th council meeting City Attorney Richman clarified City Council would take action to notice the public hearing item to be tabled to another meeting. ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Low to continue the Public Hearing Item to April 25th. The motion carried by the following vote: AYES: Alarcon,Armenta,Low, Ly and ABSENT: Clark Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 5 of 9 5. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2017-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $755,304.78 NUMBERED 95239 THROUGH NUMBER 95352 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-06 • Resolution No. 2017-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,883,860.78 NUMBERED 95353 THROUGH NUMBER 95479 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-09 .... • Resolution No.2017-04 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 $8,506.17 NUMBERED 10202 THROUGH NUMBER 10204 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-04 SA • Resolution No. 2017-04 RHDC A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $85.00 NUMBERED 1590 THROUGH NUMBER 1591 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-04 RHDC . Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28,2017 Page 6 of 9 ACTION: Moved by Council Member Ly and seconded by Council Member Alarcon to approve Consent Calendar items 5A, 5B, and 5C. The motion carried by the following vote: AYES: Alarcon, Armenta, Low, Ly and ABSENT: Clark 6. MATTERS FROM CITY MANAGER&STAFF A. Mid-Year Budget Amendments Recommendation: That the City Council approve Resolution No. 2017-07, approving various appropriations for the remainder of the current fiscal year. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING VARIOUS APPROPRIATIONS Finance Director Lieu presented the midyear budget review; she reported due to unforeseen financial needs and opportunities, staff was recommending the City Council to approve resolution 2017-07 appropriating adjustments to the Fiscal Year 2016-17 budget. Mayor Armenta asked for clarification on the request for the Public Works Corporate Yard of$120,000. Finance Director Lieu explained during the Fiscal Year 15-16, there was $100,000 appropriated for the corporate yard; however most of the expenses were spent in fiscal year 16-17, resulting in additional unforeseen cost of$20,000 for blue prints, blueprint configuration, firewalls, cabling, and a phone system. For this reason $120,000 is being requested in appropriations. City Manager Manis added on January 26, 2016, the City Council approved an additional $100,000 to be used from the City's general fund reserves in fiscal year 15-16 budget. The money being requested is not extra money for the project cost, but backfilling what was taken from the budget previously. Mayor Armenta stated after receiving all documentation of the project, it was clear the additional cost of $20,000, such as the paint, was not included in the original contract. ACTION: Moved by Council Member Ly and seconded by Council Member Alarcon to approve the recommended action. The motion carried by the following vote: AYES: Alarcon,Armenta, Low, Ly and ABSENT: Clark 7. MATTERS FROM MAYOR& CITY COUNCIL A. Familia Unida — "Salud to Love & Family" 21 Years of Service Dinner Gala (Requested by Mayor Armenta) Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 7 of 9 Recommendation: Discuss and provide direction to staff. Mayor Armenta stated she received an email from Irma Resendez founder of Familia Unida organization. They were requesting a proclamation honoring Familia Unida for their 21 years of service as well as a sponsorship request. Council Member Ly stated he could not attend the event, but supported the letter of support and providing a$2,500 sponsorship. Mayor Pro Tern Low stated she would attend the event; however, she expressed concern with granting the unbudgeted sponsorship request. Mayor Armenta indicated she brought this request before the City Council because the organization is celebrating their 21 years servicing the Rosemead Community. Council Member Ly explained, out of the Community Development Block Grant budget, it was not unprecedented for the City to sponsor other nonprofit organizations, as well as purchasing tables for various Chamber of Commerce or YMCA events. Familia Unida has never requested funding from the City, except to use a meeting space. He added Familia Unida is local in the City and we should support service organizations that are in the City first. Mayor Armenta reiterated in order to be part the program for the event; Familia Unida requires a letter of support soon. ACTION: Moved by Council Member Ly and seconded by Mayor Armenta to authorize a letter of support to Familia Unida; a$2,500 sponsorship to purchase a table; and authorize the City Council and staff to attend the event. The motion carried by the following vote: AYES: Alarcon, Armenta, Low, Ly and ABSENT: Clark Mayor Armenta directed staff to contact Mrs. Recendez and notify Familia Unida of the support letter by the City Council, sponsorship and to provide a certificate of recognition. B. City Council Comments Council Member Ly suggested the City Council adopt a policy platform to facilitate the process when drafting letters of support or opposition regarding legislative bills. He commended the Zapopan Park ribbon cutting event unveiling the new jogging trial. He also encouraged the public to attend the Skate Plaza grand opening on March 25th at Rosemead Park. Mayor Pro Tern Low reported she watched the last two Planning Commission meetings and the video and audio of the meetings worked very well. Also, she thanked City Manager Manis and Consolidated Disposal for addressing some , illegal dumping in her neighborhood. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28,2077 Page 8 of 9 Mayor Armenta stated there is a streetlight out on the 9400 block of Olney Street, which has not been fixed. She explained her neighbor called Southern California Edison and she was told it was a City owned streetlight. Ms. Armenta requested staff to contact Southern California Edison. She asked staff to speak to the Big Saver market to address the trash receptacle issues. Council Member Ly asked when the next street resurfacing project was scheduled for Garvey Avenue. City Engineer Fajardo replied staff will be proposing new Capital Improvement Projects for 17-18, which includes resurfacing of Garvey Avenue from Walnut Grove to River Avenue. He clarified the City resurfaced Garvey Avenue from New-Avenue to Del Mar Avenue in 2010. Mayor Armenta asked for clarification on the current parking restrictions on Jackson Avenue, north of Garvey Avenue. City Engineer Fajardo replied there are new condominiums being built in that area and water main lines may possibly be installed soon. 8. ADJOURNMENT The meeting adjourned in memory of Whittier Police Officer Keitb Boyer at 8:24 p.m. The next regular City Council meeting is scheduled to take place on March 28. 2017, at 7:00 p.m. in the Rosemead City Hall Council Chamber. dr M. c Donohue, City Clerk APPROVED: Sandra Armenta,Mayor Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 28, 2017 Page 9 of 9