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CC - Minutes - 04-25-17 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING APRIL 25,2017 Closed session The meeting of the Rosemead City Council was called to order by Mayor Low at 6:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Low, Mayor Pro Tem Ly, Council Members Alarcon, Armenta, and 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 items: A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section: 54957 Title: City Manager B. CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION Government Code Section: 54956.9 (d)(4) Number of Cases: 1 C. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1) Case Name: Los Angeles Community College District vs. County of Los Angeles (Successor Agency as defendant; City as real part in interest) LASC Case Number: BS 130308 Case Name: Montebello Unified School District vs. County of Los Angeles (Successor Agency as defendant; City as real part in interest) LASC Case Number: 127286 Mayor Low recessed the City Council meeting to closed session at 6:03 p.m. and reconvened back from closed session at 7:01 p.m. City Attorney Richman announced that there was no reportable action. She noted that the City Council will continue with Item 1.A at the end of the regular meeting. 1 RECONVENE TO REGULAR MEETING The meeting of the Rosemead City Council and Successor Agency to the Community Development Commission was called to order by Mayor Low at 7:10 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard,Rosemead, California. PRESENT: Mayor/Chair Low, Mayor Pro Tem/Vice-Chair Ly, Council Members/Board Members/Alarcon, Armenta and Clark 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 Mayor Low INVOCATION was led by Mayor Pro Tern Ly 2. PUBLIC COMMENT James Berry invited the Council and the public to volunteer at Civic Pride Day on April 29, 2017. Furthermore, he spoke on the donations received for the Resource Fair ^- backpacks give away and urged the public to continue donating. Yvonne Fernandez expressed support for the Wal-Mart annual review to remain in effect. She shared her concerns with ongoing security issues and truck activity at the Wal-Mart store. She stated there are continued homeless encampments on the property. Lastly, the big rig trucks continue to drive through Rush Street. 3. PRESENTATIONS A. Presentation of City Street Sign to Commander Coronne Jacob The City Council presented Commander Jacob with a city street for her service to the Rosemead community and congratulated her for her promotion. Commander Jacob thanked the City Council for the city street sign and the recognition. Mayor Low introduced and welcomed the new Temple Station Captain David Flores. Temple Station Captain David Flores thanked the City Council for the welcoming remarks and noted he is looking forward to working with the Rosemead community. 2 4. PUBLIC HEARINGS A. Continued 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. 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) City Planner Trinh reported the Planning Commission meeting of December 19, 2016, the City initiated a request to modify the conditions of and Conditional Use Permits. The modification would eliminate the required annual Planning Commission review of Wal-Mart's compliance with the conditions of approval. The Planning Commission denied Modification 16-02. For this reason, Council Member Ly requested the item be reviewed by the City Council. On January 18, 2017, Council Member Ly requested that the item be brought back to the Planning Commission for reconsideration on February 6, 2017. The Planning Commission heard all testimony and again denied Modification 16-02. On February 28, 2017, the City Council held a public hearing and heard all testimony. At the request of Council Member Clark, who was unable to attend the meeting, the City Council continued the public hearing to the meeting of April 25, 2017. Mayor Low opened the public hearing at 7:22 p.m. Derrick Lu stated the annual Wal-Mart review should not be eliminated from the conditions. He stated without the annual review, residents would be powerless. 3 Brent McManigal representing Wal-Mart Stores stated the store opened in 2006 and since then supported the community. He explained the annual review was established on November of 2007 to ensure compliance of the conditions of - approval that have to do with construction and operations of the store. There have been issues such as the issuance of a business license, which was corrected. He suggested that the proper mechanism for the City to utilize is its Code Enforcement Department to properly address any concerns or complaints. Staff has stated in the past Wal-Mart has been in compliance during the annual review and that complaints would be better served by Code Enforcement staff, while Wal-Mart would continue working with the City to address any issues. Jim Flournoy stated there are still noise concerns such as the air conditioners on the roof, doors slamming in trucks, and questioned the reason why the annual review topic was initiated by the City. Mary Faras expressed concerns with homeless encampments increasing along Delta Avenue behind Wal-Mart. She added the area behind Wal-Mart is dark and secluded which attracts transients. She requested an increase in patrol to address some of the suspicious activity happening at night and reiterated the ongoing citizens' complaints that have been ongoing for over 9 years. Lastly, Mrs. Faras addressed the abandoned Wal-Mart shopping carts. Council Member Clark asked Mr. Faras if the homeless encampments were on private property. Mrs. Ferris replied the homeless encampments are within the Wal-Mart property. Yuki Yamamoto disagreed with the proposed recommendation to remove the annual review condition for Wal-Mart. She indicated Wal-Mart was a large corporation and not a typical local Rosemead business and the annual review is the leverage residents have to address issues directly. Lydia Martinez urged the City Council to maintain the annual review specifically for the residents living across the street from Wal-Mart, who continue to experience ongoing issues that have not been resolved. Council Member Armenta inquired on the square footage for the Wal-Mart store versus the Target store. Chris Olson stated Wal-Mart has been a good community partner who has donated items for organizations when asked. He requested Wal-Mart to donate tents and outdoor equipment for his troops, which they did provid by a community grant. He expressed support for the removal of the annual review. 4 Lindsay Horowitz, director at the Center for American Asian United for Self- Empowerment, expressed support for the removal of the annual review of Wal- Mart. She indicated Wal-Mart has been a community partner to the CAUSE organization for the last five years, which has allowed them to add more programs to the community. Ray Jan, Executive Director of the Rosemead Chamber of Commerce expressed support for the removal of the annual review for Wal-Mart. She reiterated Wal- Mart has been an active member on the Chamber of Commerce and contributes to the community. Ms. Jan added Wal-Mart was the only business within the Rosemead business community to have an annual review condition. Brian Lewin stated there was no record implying the removal of the annual review being initiated by a response to a council discussion. The Wal-Mart topic had been brought before the Planning Commission three times and has every time rejected staffs recommendation with noes of 4-0, and an abstention. He explained there was no other business in the City with its scale of impact post CEQA, particularly high intensity commercial use in light industrial area. The project required a general plan amendment and zone change, and therefore did not merit the reconsideration to remove the annual review. Leaving issues to the Planning staff and Code Enforcement has resulted in challenges to resolve the issues. The annual review provides staff engagement and assistance on matters not being addressed. Mr. Lewin suggested staff develop a check list to be reviewed for annual review which could have active reviews for some conditions and passive reviews for other conditions, to significantly reduce the impact on all parties and provide the protections and oversight needed of the annual review. Lastly, he reiterated the condition was first put in place to give residents a voice and assure them they would be protected with the impact mitigated on a permanent ongoing basis and if Council eliminates the annual review what precedent and message does it send. Javier Angulo Director of Government Affairs and Public Relations for Wal-Mart Stores stated the Rosemead store was the only store of many that has an annual review condition. Rosemead Wal-Mart is the flag ship store where advertisements are recorded, public officials, delegations from all over the world visit the specific store. He assured the City, Wal-Mart was taking all concerns serious and would like to work with residents to address their concerns such as homelessness and/or abandoned shopping carts. However, it was unfair that Wal-Mart was the only business in the City with an annual review. Staff indicated there has been zero code violations reported during the annual review. He requested the City Council reconsider the removal of the annual review condition and allow residents to be empowered through code enforcement. Mayor Low closed the public hearing at 7:51 p.m. 5 City Planner Trinh reported that the Rosemead Wal-Mart store had approximately 200,000 square feet of space and the Target store has approximately 100,000 square feet of space. Mayor Pro Tern Ly stated the City has to be consistent with all businesses. No other business in the City are subjected to an annual review like Wal-Mart. He reiterated that he understood Wal-Mart was a sensitive issue based on the history of the businesses that usually establish within the City. He added the Council was going to approve the Mayor's appointments which includes the Commercial Task Force, which focuses on discussing how to bring quality retail markets to the City. If the annual review is not removed, the message to other businesses is that they would also get annual reviews imposed on them. He went on to say, Wal-Mart has been giving back to the community, hires veterans and is involved with community organizations. In regards to homeless encampments, the City is trying to deploy and address the issue as best as possible. He continued that if the condition stays, he would ask that the same condition be applied to the specific plan to specific businesses with 200,000 square foot space near residential neighborhoods. He expressed support for the removal of the annual review from Wal-Mart's conditions of approval. Council Member Clark stated the Planning Commission staff report of February 6, .�. 2017 stated, in condition of approval number 37, required the commission to approve changes to the conditions of approval. She asked for clarification if the Planning Commission has reviewed the conditions and rejected the request, how can it be changed. City Planner Trinh replied the municipal code allows the City Council to request to move any item for Council review. Community Development Director Ramirez explained if the Planning Commission rejects an item, the City Council could request to review the item and reverse the action by the Planning Commission as it happened with Wal-Mart. The annual review was given to the Planning Commission to hold, but did not take away the Council's authority to make any changes to the conditional use permit. Council Member Clark stated she appreciated what Wal-Mart has done with the community; however she was concerned with unresolved outstanding issues brought by the residents. She supported the idea of a check list that could address issues, and possibly in couple of years remove the annual review, if no other complaints arise. Residents have the right to express their concerns, such as Mr. Lowrey on the pallets, trucks and shopping carts. Another concern is having Code Enforcement take all the responsibility which could fall back on the City. She stated she could not support the request to remove the annual review but would consider the check list method. 6 Mayor Pro Tern Ly asked how many violations has Wal-Mart had over the last eleven years. Community Development Director Ramirez replied from 2009 to 2016, there have been minimal violations; however the few have only been related to property maintenance, landscaping, storage bin, parking striping, delivery trucks, and noise complaints. Council Member Armenta stated the traffic flow near Wal-Mart hasn't been any different than it is now. She stated that she appreciated the residents expressing their concerns and those speaking on behalf of Wal-Mart. She asked Wal-Mart representatives to speak to the residents to address their issues. Kenny Tran, Store Manager at Wal-Mart explained he would make the effort to meet with the residents to address issues such as the shipping container issue. He addressed the issue by coordinating with the third party vendor to pick up the containers; however the containers are picked up by schedule and amount. Therefore, it may have seemed the containers were not being picked up promptly. Mr. Tran stated there are changes coming to the store, where he would like to implement better communication between the customers, residents, and the City. Council Member Armenta asked how the truck driving on Rush Street are being addressed. Mr. Tran replied, he could only address the company store trucks and has with his vendors. However, he could not address other tenant's trucks driving on Rush Street. Council Member Annenta inquired on the locking mechanism of the shopping carts. Mr. Tran explained he has worked hard to make sure shopping carts do not leave the premises. However, he noted individuals will sometimes push them over the property line through the front wheels and take them off the property and abandon them. He explained the shopping carts are Wal-Mart property, which are important to his customers and makes sure to always have them available. Council Member Clark asked Mr. Tran on the changes he spoke about. Mr. Tran explained in terms of being actively engaged with the neighbors in the community, veteran organizations and work closely with the Chamber of Commerce over beautification projects and health fairs. Council Member Armenta requested staff to provide data on how many abandoned shopping carts are being picked up from Wal-Mart versus Target. 7 Furthermore, asked staff their professional opinion on the impact on removing the annual review condition. Community Development Director Ramirez replied Wal-Mart has been a community partner and when we are aware of issues staff contacts Wal-Mart and immediately the issues arc resolved. However, we would ask that Wal-Mart is more proactive in maintaining their landscape. Council Member Armenta asked if the annual review is removed, how the City could let the resident know issues are being addressed. Community Development Director Ramirez explained the City encourages the public to use the Round the Clock reporting system on the city's website to report any concerns and handled by the appropriate department. Another issue is when the annual review is being conducted, there are issues being made aware of for the first time to the City. Council Member Armenta asked members of the public if anybody has contacted the City directly on their complaints about Wal-Mart. Ms. Yamamoto replied she has called the City and Wal-Mart directly to report issues. She reiterated on her past comments, there are other residents that share the same concerns and have contacted either the city or Wal-Mart. City Manager Manis asked Ms. Yamamoto to contact him directly if she felt her concerns were not being properly addressed by staff or Wal-Mart. Council Member Armenia clarified there have been multiple meetings regarding Wal-Mart because one of the Council Members was ill and she requested the item to be pushed to a future meeting. She added the City Council has their cell phone number and emails readily available for the public on the city's website. She inquired to City Manager Manis about the homeless encampment issues. City Manager Manis explained the homeless issues have increased in the past year and it has been a problem for Southern California. The City of Rosemead has implemented programs to address the homeless and homeless encampments such as workshops, cleanup efforts with Quality of Life program, and providing resources to the homeless. Council Member Armenia asked how Wal-Mart should respond to homeless encampments on their property. City Manager Manis replied they should contact the City because the City has a team that includes Sheriff Deputies, Code Enforcement and Social Services personnel. • 8 Council Member Alarcon asked if there are similar issues at the Target Shopping Center. Community Development Director Ramirez replied there are issues involving shopping carts, car clubs,peddlers etc. Mayor Pro Tern Ly described a similar situation when the Planning Commission was asked to revise the Conditions of Approval for the UFC Gym to allow special events and changes in the hours of operation. Mayor Low stated she was concerned with the issues residents continue to address on shopping carts and noise. She stated she supports the residents and cannot support the removal of the annual review if issues continue to arise. Residents should see if Wal-Mart is being more responsive and working on communicating with the residents. Although the annual review shows no code violations,there are still ongoing complaints. Council Member Armenia asked what it would entail to remove the annual review conditions. Community Development Director Ramirez replied eliminating the annual review would only eliminate staff having to go to the Planning Commission each year to address the conditions that are related to property maintenance. There are a total of 129 conditions and about 24 conditions are reviewed by the Planning Commission and Public Works relating to property maintenance. Council Member Armenta asked if there was a middle ground for both Wal-Mart and the residents. Mayor Low urged Wal-Mart to work with the City to streamline the annual review process. Mayor Pro Tem Ly stated if the same conditions placed on Wal-Mart, would be imposed on the two projects on Garvey Avenue, which will be near residential areas. City Manager Manis suggested if the annual review was removed, Wal-Mart could agree to special neighborhood meetings on a quarterly basis with residents to address their concerns directly. Council Member Armenta suggested a community workshop to see the progress between Wal-Mart and the residents. Mayor Pro Tem Ly stated he supported the City Manager's idea for Wal-Mart to conduct regular meetings with residents if the annual review is removed. 9 Council Member Armenta asked if it was possible to bring back the annual review once it is removed from the conditions of approval. Community Development Director Ramirez stated a statement could be added to the conditions asking Wal-Mart to have meetings with residents along with staff. If they do not hold the meeting, staff could report back to the City Council to reinstate the annual review condition. City Attorney Richman stated planning staff could assist in coordinating a quarterly meeting between Wal-Mart and residents to address operation issues. She explained the City would want to retain the ability to bring back the condition. If the Planning staff believed the issues are not being resolved by Wal- Mart, the City could notice an annual review. However, if concerns are being addressed, the item does not need to come before the City Council again. Council Member Clark stated she wanted to make sure residents were satisfied if the proposed meetings work. City Attorney Richman cautioned if the conditions were removed, the amendment is drafted where you expand upon a process that will retain the ability to still have review. She expressed concern with removing the annual review and then trying to impose a condition on an operating business. Council Member Armenta stated she supported the amendment including .,,r, language if Wal-Mart is not holding the quarterly meeting, the Council could put the annual review back on the conditions of approval. Council Member Clark stated that if the trust is built between Wal-Mart and the residents in the six months, Council could consider the removal of the annual review. She asked for clarification on the caution of removing and putting back the annual review condition. Mayor Pro Tern Ly clarified the City Council would be modifying the condition that stated in lieu of an annual review, Wal-Mart will try quarterly meetings with residents. If the meetings do not work, showing good faith on both sides, the City can automatically put back conditions, in reserving the power to put back at any time. City Attorney Richman recommended modifying condition 59, having Wal-Mart conduct quarterly meetings with residents, and if ifs not successful according to the Director of Community Development, and annual review could be scheduled. Mr. McManigal, counsel to Wal-Mart responded they would accept the conditions to augment the condition that would require meetings with residents to address any non-compliance issue, if the annual review is eliminated. 10 Community Development Director Ramirez suggested the amendment include a noticing requirement span of a 300 foot radius to all residents. Council Member Armenta asked what if Wal-Mart and the City are coordinating the meeting and the residents are not attending. Mayor Pro Tern Ly suggested Code Enforcement staff attend the quarterly meetings to address some of the code enforcement issues. Mr. McManigal stated if all parties are working well with open communication, Wal-Mart would like to request the removal of the annual review. Mayor Pro Tern Ly disagreed with having continuous meetings regarding the annual review. I-Ie assured Wal-Mart Store Manager Tran would work hard to address the resident's issues and encourage an open line of communication. City Attorney Richman clarified the amendment would include Planning staff meeting with the developer at quarterly meetings along with residents and sending out notifications at a 300 foot radius. The meetings will address concerns of major tenant operations to ensure compliance with all conditions of approval per the Director of Community Development.If the developer is not addressing the issues of compliance, a review by the City Council would be conducted once every twelve months. ACTION: Moved by Mayor Pro Tem Ly seconded by Council Member Armenta to adopt Resolution No. 2017-08 with findings and approve Modification 16-02 with amendments to include that Planning staff will meet with the developer at quarterly meetings along with residents and send out notifications at a 300 foot radius. The meetings will address concerns of major tenant operations to ensure compliance with all conditions of approval per the Director of Community Development. If the developer is not addressing the issues of compliance, a review by the City Council would be conducted once every twelve months. The motion carried by the following vote: AYES: Alarcon, Armenta, and Ly and NOES: Clark and Low B. Public Hearing on the Adoption of the 2016 California Fire Code as Amended by Los Angeles County Recommendation: It is recommended that the City Council conduct the noticed public hearing and receive public comment; and introduce for First Reading, by title only, Ordinance No. 973: "An Ordinance of the City Council of the City of Rosemead Adopting by Reference, Pursuant to Government Code Section 50022.0, The 2016 California Building Standards Fire Code (Title 32 Los Angeles County Fire Code— 2017 Fire Code), and Adopting Local Amendments Thereto" and to bring back Ordinance No. 973 to the meeting of May 9, 2017 for consideration of adoption. 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2016 CALIFORNIA BUILDING STANDARDS FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE — 2017 FIRE CODE), AND ADOPTING LOCAL AMENDMENTS THERETO Community Development Director Ramirez reported every three years the City of Rosemead adopts the California Fire Code as amended by Los Angeles County. Both the State of California and County of Los Angeles have completed their adoption process for the 2017 County Fire code-Title 32. Mayor Low opened the public hearing at 9:14 p.m. there being no public comments, the public hearing closed at 9:14 p.m. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Armenta to adopt ordinance No. 973 and read by title only. The motion carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,and Ly 5. CONSENT CALENDAR -- A. Claims and Demands • Resolution No. 2017-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,329,374.68 NUMBERED 95904 THROUGH NUMBER 96046 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-17 B. City Council Meeting Minutes Recommendation: That the City Council approve the minutes from the regular meeting on April 11, 2017. C. Consideration to Cancel the May 23, 2017, City Council Meeting Recommendation: That the City Council cancel the May 23, 2017, City Council meeting. .... E. Release of Security Deposit—Parcel Map No.70670—3715 Ellis Lane . ` 12 Recommendation: That the City Council release the Security Deposit to Ellis Land, LLC. H. HR Dynamics &Performance Management, Inc., Professional Services Agreement Recommendation: Authorize the City Manager to execute a professional services agreement with HR Dynamics & Performance Management, Inc. for Human Resource services for an amount not to exceed $100,000. 1. Consideration of Opposition for Assembly Bill 1250 Recommendation: That the City Council authorize the Mayor to send the draft letter attached on behalf of the City, opposing AB 1250. K. California Climate Investments Urban Greening Program — Resolution No. 2017-18, Approving the Application for Grant Funds from the California Climate Investments Urban Greening Program—Duff Park Improvement Project Recommendation: That the City Council approve Resolution No. 2017-18, authorizing the application for grant funds from the California Climate Investments Urban Greening Program for the Duff Park Improvement Project. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Alarcon to approve Consent Calendar items A, B, C, E, H, I, and K. The motion carried by a unanimous vote: AYES: Alarcon,Armenta, Clark, Low, and Ly D. International Institute of Municipal Clerks 71"Annual Conference—May 21" through May 24`"in Montreal, Canada Recommendation: That the City Council authorize the attendance of the City Clerk who wishes to attend the IIMC's 71" Annual Conference in Montreal, Canada,from May 2P through May 24'". Council Member Armenta clarified the City Clerk would pay for the international travel expenses to the conference and the City would pay for the conference registration only. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Alarcon to approve the recommended action. The motion carried by a unanimous vote: AYES: Alarcon,Armenia,Clark,Low,and Ly F. Project No. 27004 — Traffic Signal Modification Project — San Gabriel Blvd at Rush Street/Potrero Grande—Award of Contract 13 Recommendation: That that the City Council (1) approve the plans and specifications for the Traffic Signal Modification Project San Gabriel Blvd at Rush Street/Potrero Grande; and (2) authorize the City Manager to enter into a • - contract with PTM General Engineering Services, Inc., as the lowest responsive bidder for $83,038.00. In addition, authorize an amount of $20,000 (approximately 25%) as a contingency to cover the cost of unforeseen construction expenses. Council Member Armenta stated the traffic signal modification on San Gabriel Boulevard at Rush Street/Potrero Grande was a protective left hand turn lane. City Engineer Fajardo confirmed there would be four protective lanes. He explained during the planning process there have been five accidents and two fatalities in the last eighteen months. The traffic signal modification should provide safety improvements on the intersection of San Gabriel Boulevard at Rush Street/Potrero Grande. Council Member Armenta clarified a portion of the intersection belongs to Los Angeles County and she was glad they allowed for the protective lane. ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member Armenta to approve the recommended action. The motion carried by a unanimous ..�, vote: AYES: Alarcon,Armenta, Clark,Low, and Ly G. - Installation of Green Curb — West Side of the Driveway Apron at 8424 Garvey Avenue Recommendation: That the City Council approve the Traffic Commission's recommendation to paint 30-feet of green curb in front of the business at 8424 Garvey Ave. between the property's two driveway aprons. Director of Public Works Garcia reported the automotive business owner requested 30-feet for a 20 minute green curb in front of the business. The Traffic Commission recommended the City Council to approve the automotive business owners' request. Council Member Armenta stated the automotive business owner had painted the curb green illegally. Director of Public Works Garcia explained staff removed the green curb once the city became aware there was no permission from the Traffic Commission. As a result, the business went through the process to request a green curb permit. Council Member Armenta asked if the automotive business had been denied a green curb in the past. 14 Director of Public Works Garcia stated there were no records indicating the automotive business owner went to the Traffic Commission for the green curb. The initial request from the business owner was made on October 11'", 2016. Council Member Armenia asked if the green curb would affect the mixed use projects next to the automotive business. Director of Public Works Garcia replied the green curb would only be for one parking space which will allow for one large vehicle or two small vehicles to park. Mayor Pro Tern Ly asked why was there a need for a green curb on this area of Garvey Avenue. Director of Public Works Garcia explained the business owner expressed his client base was there for short period of time, such as making payments on cars purchased and public parking is limited because other members of the public park their cars for long period of times. Mayor Pro Tem Ly asked who are the people parking for long period of times and has the traffic consultant looked at the site. Janet Robins of Transtech Engineers Traffic Consultant, explained when she visited the site there was a construction truck parked for a long period of time. She described an issue was the 2-hour parking limit was not being enforced and clients of the automotive business did not have enough parking. Council Member Armenia asked if the automotive business had onsite parking and did he allow his customers to park inside the site. Community Development Director Ramirez stated there was a number of allocated parking stalls for customer versus how many vehicles he can have on the site. Onsite parking is available to all customers regardless of the type of visit to the business. Mayor Pro Tern Ly explained he wanted to address the business owner's request, however expressed concerns with painting a green strip of curb before the mixed use projects were completed on Garvey Avenue. Mayor Low stated if the public is parking on a 2-hour parking curb and is not following the law; the City should be notified to enforce the 2-hour parking. Council Member Armenta clarified the business has a large lot and visitors visiting the business should be able to park on site regardless of the type of visit to the business. 15 Ms. Robins replied a majority of the lot is used to store the vehicles. Mayor Low stated if the green curb is permitted, any vehicle would be able to park at that curb for only 20 minutes and if customers are going to visit for short period of times to the business, they should park onsite. Council Member Armenta stated the staff report attachment shows a parking sign stating customers should park outside. She reiterated customers should be able to park onsite. Council Member Ly expressed concerns with planning parking requirements on Garvey Avenue when there are mixed use projects being planned. He suggested tabling the request until the mixed use projects are completed to determine if there are impacts on the street before striping a green curb. The Business Owner shared his concerns and stated because of the long period of parked cars in front of his business the trash truck has issues picking up the trash containers, the public does not obey the 2-hour parking limit, and parked cars block the view of customers leaving the business and risk getting hit. Council Member Armenta stated there was no difference if a car was parked for 2 hours or 20 minutes if a car would always be parked. -- Mayor Pro Tern Ly requested to table the item for six months until the mixed use . .., projects are completed on the street. Council Member Armenta asked staff to confirm the number of parking stalls within the property. Mayor Low requested staff to enforce the 2-hour parking limit on the street and tabled the item for a period of six months. J. Safe Routes to School Project—Resolution No.2017-16 Authorizing the City Manager to Execute an Agreement with the State of California for the Reimbursement of Funds Recommendation: That the City Council approve Resolution No. 2017-16 authorizing the City Manager to execute the supplemental agreement No. P63 to administrating Agency-State Master Agreement for State Funded Projects No. 003325,for the reimbursements of$702,000. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING CITY STAFF TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. P63, FOR SAFE ROUTE TO SCHOOL PROGRAM PROJECT 16 NO. ATPL-5358 (018) BETWEEN THE CITY OF ROSEMEAD AND THE STATE OF CALIFORNIA Council Member Armenta stated the proposed crosswalk will help residents cross over from Del Mar Avenue to Fern Avenue. City Engineer Fajardo stated the contract should be awarded by July and work would start by August/September and should be completed in 90 days. Brian Lewin expressed support for the project and suggested additional safety modifications on Rio Hondo and De Adelena Street. Mr. Lewin stated Rio Hondo Avenue and Encinita Avenue are used as major corridors and requested staff look into possibly installing curb extensions, speed bulbs to encourage stopping or decrease in speed. There are also dark areas on the intersection which are hard to see pedestrians and requested lighting adjustments to existing light pole or supplement the light to improve safety. Council Member Armenta agreed with Mr. Lewin's concerns and asked staff to look into additional lighting for the intersection. ACTION: Moved by Mayor Pro Temp Ly and seconded by Council Member Armenta to approve the recommended action. The motion carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,and Ly 6. MATTERS FROM CITY MANAGER & STAFF A. Zapopan Park—Additional Improvements Recommendation: That the City Council direct City staff to proceed with either Option 1 the installation of vinyl powder coated chain link fencing including two pedestrian gates and one driveway gate at the north and south side of the park. The cost of this improvement is approximately $22,400; or Option 2 the installation of wrought iron fencing including two pedestrian gates and one driveway gate at the north and south side of the park. The cost of this improvement is approximately $50,825; or leave Zapopan Park as an open park at the north and south ends. Director of Public Works Garcia reviewed the staff report and stated staff was seeking direction on fencing options for Zapopan Park after the park was renovated and the old fence was removed. Residents living adjacent to the park have expressed concerns after the park reopened due to loud noises of people accessing the park late at night. Council Member Armenta stated residents have expressed their concerns of the removal of the fence on the day of the grand opening. She explained she understood their concerns and expressed support of a new fence at Zapopan Park. 17 Mayor Pro Tem Ly recommended option 2 because the City was trying to discourage the use of chain link fences. ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member Clark to recommend option 2 and direct staff to install of wrought iron fencing with a cost of approximately $50,825. Motion carried by a unanimous vote: AYES: Alarcon,Amenta, Clark,Low,and Ly 7. MATTERS FROM MAYOR& CITY COUNCIL A. Mayor's Appointments for 2017-2018 Recommendation: That the City Council approve the Mayor's Appointments for 2017-2018. Mayor Pro Tern Ly requested to be the alternate to the Sanitation District because he wanted to get more involved in the Sanitation District. He also suggested rotating the appointment to the Mosquito and Vector Control Board since the current appointment would expire at the end of December. City Clerk Donohue suggested bringing back the appointment of the Mosquito and Vector Control before the City Council at the first meeting in December. Mayor Pro Tern Ly requested the appointment of the Mosquito and Vector Control to be brought back before the City Council in November. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Armenta to approve the Mayors 2017-2018 appointments with amendment to appoint Mayor Pro Tem Ly as alternate to the Sanitation District and bring back the Mosquito and Vector Control appointment in November. The motion was carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,and Ly B. Possible Support for Senate Bill 786 (Agendized by Councilmember Armenta) Recommendation: Discuss and provide direction to staff in regards to support of Senate Bill 786. Mayor Low stated any Council Member supporting legislation could support it on their own without bringing it before the City Council, unless it may impact the City financially. Mayor Pro Tem Ly stated Assistant City Manager McKinney was working on a draft legislative policy platform to guide the City Council on bills that should or should not be brought before the City Council for direction. A Policy Platform 18 will provide guidance with legislation bills the City will support or oppose based on the standards of the policy adopted by the City Council. Council Member Armenta explained Senate Bill 786 was about local control and protecting residents from areas with alcohol and drug treatment facilities too close to residential neighborhoods. Council Member Clark agreed with Council Member Armenta in supporting Senate Bill 786. She also agreed and recommended staff looks into the League of California and Contract Cities policy platform. Mayor Pro Tem Ly explained he and another Council Member were in Sacramento fighting against a bill that would have stymied the 710 completion and the bill died. He reiterated a policy platform would facilitate the process if the City Council should support or oppose a bill. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Clark to support Senate Bill 786 and direct staff to send a letter of support to Senator Mendoza. The motion was carried by a unanimous vote: AYES: Alarcon, Armenta, Clark, Low, and Ly C. City Council Comments Mayor Pro Tem Ly directed staff to look into the specific plan a potential regulation that requires any business over the size of 200,000 square feet or any development over 200,000 square feet that abuts up to 300 feet radius residential neighborhoods to conduct quarterly meetings with the community. Lastly, he requested to adjourn the meeting in memory of Kara Khamo, daughter of a fellow soldier within his army reserve unit, who lost her battle with cancer at age of 5 years old. Council Member Armenia inquired on the resolution the City Council approved of the Army's birthday celebration; and when the consolidation of the election was going to be brought before the City Council. City Clerk Donohue replied the Army Birthday Celebration resolution would be forwarded to the Army soon. He explained the consolidation of the election resulting from the approved Senate Bill 415, would be brought before the City Council for discussion and direction on the first meeting in June. In addition, staff was gathering data from other cities to provide to the City Council. He noted the deadline to take action on the bill is January 1, 2018. Council Member Armenta directed the City Attorney to look into the deadline of the requirements of Senate Bill 415. 19 Mayor Low recessed the City Council meeting to continue closed session at 10:01 p.m. the meeting reconvened back from closed session at 10:27 p.m. City Attorney Richman reported out from closed session stating that under the performance review of the City Manager, the City Council voted Mr. Mavis on a rating of 3.8, meets expectations. Council Member Clark indicated the record to show she voted no because Mr. Manis performance review rating should have been a 4, exceeds expectation. ACTION: Moved by Council Member Armenta and seconded by Council Member Alarcon to give City Manager Manis a performance review rating of 3.8, meets expectations. The motion was carried by the following vote: AYES: Alarcon,Armenta,Low,and Ly and NOES: Clark 8. ADJOURNMENT The meeting adjourned in memory of Kara Khamo and Rosemead School Board Member Randall Cantrell at 10:30 p.m. The next regular City Council meeting is scheduled to take place on May 9, 2017, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Marc Donohue, City Clerk APPROVED: Polly al ayor 20