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CC - Minutes - 11-14-17 MINUTES OF THE CITY COUNCIL SPECIAL MEETING AND CITY COUNCIL, THE HOUSING DEVELOPMENT CORPORATION,AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING NOVEMBER 14,2017 The special meeting of the Rosemead City Council was called to order by Mayor Low at 6:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California PRESENT: Mayor Low, Mayor Pro Tern Ly, Council Members Armcnta and Clark ABSENT: Council Member Alarcon STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney, Director of Finance Lieu, Director of Parks and Recreation Chacon, Director of Public Works Ramirez, Director of Community Development Kim, and City Clerk Donohue 1. WORKSHOP A. Website Redesign Update Assistant City Manager McKinney presented a PowerPoint presentation on the proposed new city's website redesign, host, and maintenance. The new website design would enhance the user experience, provide better information and customer service to residents and offer better content management. Color schemes and sample layouts were shown to the City Council. Mayor Low asked who would oversee the maintenance of the website. Assistant City Manager McKinney replied the website maintenance would be done by the web host per the contract, including ongoing updates and new technology implementation. Council Member Armcnta read comments received by resident Brian Lewin suggesting the City Council chose the third sample mock up web page and add maroon to the calendar portion. Mayor Low suggested to incorporate the color maroon through the website. Council Member Armenta agreed with Mayor Low and expressed concerns with links blending in the web page preventing the public from noticing the links. 2. CLOSED SESSION The City Council will meet in Closed Session to discuss the following items: A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 1 of 13 Pursuant to Government Code Section 54956.9 (d)(1) Case Name: City of Rosemead vs. Los Angeles County Metropolitan Transportation Authority --- Case Number: BS169937 B. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: Significant exposure to litigation 54956.9(d)(2) : (1 potential case) Mayor Low recessed the City Council meeting at 6:20 p.m. and reconvened hack at 7:00 p.m. City Attorney Richman announced there was no reportable action taken in closed session. RECONVENE TO REGULAR MEETING The regular joint meeting of the Rosemead City Council, Housing Development Corporation, and Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Low at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor, President, Chair Low, Mayor Pro Tern, Vice-President, Vice-Chair Ly, Council Members, Directors, Board Members Armenta and Clark ABSENT: Council Member, Director, Board Member Alarcon PLEDGE OF ALLEGIANCE was led by Mayor Low INVOCATION was led by Council Member Armenia STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney, Director of Finance Lieu, Director of Parks and Recreation Chacon,Director of Public Works Ramirez. Director of Community Development Kim, and City Clerk Donohue Mayor Low explained that she and Council Member Clark would have to leave to a conference after the meeting; therefore, items on the agenda would be rearranged for discussion. The consent calendar would be moved up first, however pulled items for discussion would be discussed after the first public hearing item. City Manager Manis requested to push item 6.L (the Rosemead Boulevard Highway Safety Program) to the December 12th meeting. Mayor Low introduced and welcomed the new Community Development Director, Ben Kim to the City of Rosemead. 3. PUBLIC COMMENT - None -- 4. PRESENTATIONS—None ,.. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 20/7 Page 2 of 13 MINUTES OF THE CITY COUNCIL SPECIAL MEETING AND CITY COUNCIL, THE HOUSING DEVELOPMENT CORPORATION,AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING NOVEMBER 14,2017 The special meeting of the Rosemead City Council was called to order by Mayor Low at 6:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California PRESENT: Mayor Low, Mayor Pro Tern Ly, Council Members Armenta and Clark ABSENT: Council Member Alarcon STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney,Director of Finance Lieu,Director of Parks and Recreation Chacon, Director of Public Works Ramirez, Director of Community Development Kim, and City Clerk Donohue 1. WORKSHOP A. Website Redesign Update Assistant City Manager McKinney presented a PowerPoint presentation on the proposed new city's website redesign, host, and maintenance. The new website design would enhance the user experience,provide better information and customer service to residents and offer better content management. Color schemes and sample layouts were shown to the City Council. Mayor Low asked who would oversee the maintenance of the website. Assistant City Manager McKinney replied the website maintenance would be done by the web host per the contract, including ongoing updates and new technology implementation. Council Member Armenta read comments received by resident Brian Lewin suggesting the City Council chose the third sample mock up web page and add maroon to the calendar portion. Mayor Low suggested to incorporate the color maroon through the website. Council Member Annenta agreed with Mayor Low and expressed concerns with links blending in the web page preventing the public from noticing the links. 2. CLOSED SESSION The City Council will meet in Closed Session to discuss the following items: A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 1 of 13 Pursuant to Government Code Section 54956.9 (d)(1) Case Name: City of Rosemead vs. Los Angeles County Metropolitan Transportation Authority . .,, Case Number: BS169937 B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Significant exposure to litigation 54956.9(d)(2) : (1 potential case) Mayor Low recessed the City Council meeting at 6:20 p.m. and reconvened back at 7:00 p.m. City Attorney Richman announced there was no reportable action taken in closed session. RECONVENE TO REGULAR MEETING The regular joint meeting of the Rosemead City Council, Housing Development Corporation, and Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Low at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor, President, Chair Low, Mayor Pro Tern, Vice-President, Vice-Chair Ly, Council Members, Directors, Board Members Armenta and Clark ABSENT: Council Member, Director, Board Member Alarcon PLEDGE OF ALLEGIANCE was led by Mayor Low INVOCATION was led by Council Member Armenta STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager McKinney,Director of Finance Lieu,Director of Parks and Recreation Charon,Director of Public Works Ramirez, Director of Community Development Kim, and City Clerk Donohue Mayor Low explained that she and Council Member Clark would have to leave to a conference after the meeting; therefore, items on the agenda would be rearranged for discussion. The consent calendar would be moved up first, however pulled items for discussion would be discussed after the first public hearing item. City Manager Manis requested to push item 6.L (the Rosemead Boulevard Highway Safety Program) to the December 12th meeting. Mayor Low introduced and welcomed the new Community Development Director, Ben Kim to the City of Rosemead. 3. PUBLIC COMMENT - None 4. PRESENTATIONS—None Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 2 of 13 6. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2017-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,222,430.10 NUMBERED 97999 THROUGH NUMBER 98114 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2017-62 B. City Council Meeting Minutes Recommendation: That the City Council approve the minutes from the regular meeting on October 24, 2017. C. Installation of Red Curb-9428 Valley Boulevard Recommendation: It is recommended that the City Council approve the Traffic Commission's recommendation to install 5-feet of red curb on the east and west side of the driveway apron. E. Traffic Conditions at Olney Street and Temple City Boulevard Recommendation: It is recommended that the City Council approve the Traffic Commission's recommendations to (1) Install approximately 80-feet of yellow circular raised pavement markers 4-feet apart west of Temple City Boulevard along the centerline; (2) Install "Entrance Only" sign to the existing"10-West Fwy" sign at Olney Street and Ellis Lane; (3)Install freeway entrance pavement marker on the roadway; and, (4) Remove a right turn only sign and, instead, install a right lane freeway only sign on Olney Street. F. Introduction and Adoption of Ordinance No. 976—Moving the Date of the City's General Municipal Election Date to the First Tuesday after the First Monday in March of Even-Numbered Years and Resolution 2017-63 — Adopting a Plan to Consolidate with a State Wide Election Date Recommendation: It is recommended that the City Council take the following actions: I. Introduce and adopt, by title only, Ordinance No. 976, moving the date of the City's general municipal election date to the first Tuesday after the first Monday in March of even-numbered years. Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 3 of 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 1.12.010 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO MOVING THE CITY'S GENERAL MUNICIPAL ELECTIONS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EACH EVEN-NUMBERED YEARS BEGINNING IN MARCH OF 2020 2. Approve Resolution No. 2017-63, adopting plans pertaining to the future consolidation of elections with a statewide election no later than the November 8, 2022, statewide general election. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING PLANS PERTAINING TO THE FUTURE CONSOLIDATION OF ELECTIONS WITH A STATEWIDE ELECTION NO LATER THAN THE NOVEMBER 8, 2022, STATEWIDE GENERAL ELECTION G. City Wide Tree Planting Project(Jay Imperial Park—Project No. 12027)—Award of Contract Recommendation: It is recommended that the City Council take the following actions (1) Approve the plans and specifications for the City Wide Tree Planting Project (Project No. 12027); and (2) Authorize the City Manager to enter into a contract with Green Giant Landscape, Inc for the City Wide Tree Planting Project in the amount of$105,750 and establish an amount of$10,000 (approximate 10%) ' to cover the cost of unforeseen construction expenses. H. Rejection of Bid for Sidewalk Installation Project— Klingerman Street from La Presa Avenue to Paljay Avenue (Project No. 21006) Recommendation: It is recommended that the City Council reject the bid submitted by M. W. Loyd, Inc., in the amount of $83,860.00, for the Sidewalk Installation Project(Project No. 21006) and authorize staff to re-bid the project as proposed. I. Quarterly Interim Financial Update for the Quarter Ending on September 30, 2017 Recommendation: That the City Council receive and file the Financial Update report (Attachment A) and the Treasurer's Report of Cash and Investments (Attachment B). J. Treasurer's Report for the City of Rosemead Successor Agency to the Rosemead Community Development District for the Quarter Ending on September 30, 2017 Recommendation: That the Board Members receive and file the Treasurer's Report — of Cash and Investments (Attachment A). Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 4 of 13 K. Treasurer's Report for the Rosemead Housing Development Corporation for the Quarter Ending on September 30, 2017 Recommendation: That the RHDC Board receive and file the Treasurer's Report of Cash and Investments (Attachment A). L. Rosemead Boulevard Highway Safety Improvement Program—Status Report Recommendation: It is recommended that the City Council receive and file this report. Council Member Armenta pulled item 6.D for separate discussion. Council Member Clark pulled item 6.M for separate discussion. Mayor Low announced Consent Calendar item L would be deferred to the next City Council meeting and Consent Calendar items D and M would be discussed after the first public hearing. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Armenta to approved Consent Calendar items A, B, C, E, F, G, H,1, J, and K with the exception of items D, L, and M. Motion was carried by the following vote: AYES: Armenta, Clark, Low, Ly and ABSENT: Alarcon 5. PUBLIC HEARINGS A. Extension of Citywide Moratorium on Non-Medical Marijuana Facilities and Private Marijuana Cultivation Recommendation: That the City Council adopt urgency Ordinance No. 977 under Government Code section 65858(a), extending the citywide moratorium on non- medical marijuana facilities and private marijuana cultivation, except for private indoor cultivation of six marijuana plants or less, which are subject to reasonable regulations. This extension ordinance requires a four-fifths vote for adoption. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES City Planner Valenzuela reported under Ordinance Nos. 969 and 971, the City had enacted a temporary moratorium pertaining to private marijuana cultivation and non-medical marijuana facilities. The moratorium would expire on December 12, 2017. The proposed urgency ordinance extends the moratorium for one year while City Staff continued to study a potential permanent ordinance regulating all marijuana land uses in the City. Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 5 of 13 Council Member Armenta stated the City needs to place stringent conditions and restriction before the State dictates their own rules and regulations. n City Attorney Richman explained the ordinance was still an ordinance of the city which prohibits anything that can be prohibited under proposition 64. However, under Senate Bill 94,legislation started to mix together both medical marijuana and recreational marijuana and many entities are unclear how to best regulate both medical and recreational marijuana. In the meanwhile,staff continues to extend the moratorium ban and may bring a permanent ordinance in the first quarter of the year. Mayor Pro Tern Ly stated proposition 64 did not legalize marijuana, all it did was decriminalize it in the eyes of the California. He noted it's still subject to federal oversight and it's still illegal for the use of marijuana in the eyes of the federal government. Mayor Low opened the public hearing at 7:12 p.m;there being no public comments, public hearing was closed at 7:12 p.m. ACTION: Moved by Mayor Pro Tem Ly, seconded by Council Member Armenta to adopt urgency Ordinance No. 977 by title. Motion was carried by the following vote: AYES: Armenta, Clark, Low, Ly and ABSENT: Alarcon 6. CONSENT CALENDAR D. Traffic Calming at Fern Avenue Between Walnut Grove Avenue and La Presa �.., Street Recommendation It is recommended that the City Council approve the Traffic Commission's recommendation to install Speed Limit 25 mph" (R2-1) signs on Fern Avenue and Paljay Avenue for eastbound traffic and Fern Avenue and La Presa Avenue for westbound traffic. Council Member Armenta asked if the project was part of the Safe Routes to School Project. She had inquired about traffic calming conditions on Del Mar and Fern in the past due to the Williams school closure and students were relocated to attend Arlene Bitely Elementary School. Public Works Director Ramirez explained the calming conditions project for Del Mar and Fern Avenue was a section part of the Safe Routes to School project,which staff would bring back to the City Council at a future date. The Fern and Avenue Between Walnut Grove Avenue and La Presa Street project was not part of the Safe Routes to School project. ACTION: Moved by Council Member Armenta and seconded by Mayor Pro Tem Ly to approve the recommended action. Motion was carried by the following vote. AYES: Armenta, Clark, Low, Ly and ABSENT: Alarcon M. Land and Water Conservation Fund Grant for the Development of a Dog Park Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 6 of 13 City staff is currently working with Global Urban Strategies to submit an application for the Land and Water Conservation Fund (LWCF)grant that is due in February of 2018. The LWCF is a federally funded grant administered locally by the California Department of Parks and Recreation, to preserve natural resources and create opportunities for high-quality outdoor recreation. The funding for the LWCF grant has been inconsistent and sparse in recent years, which leads officials to believe this grant cycle will be highly competitive. Recommendation: It is recommended that the City Council authorize the City Manager to submit a grant application for the Land and Water Conservation Fund grant. The total project cost is $395,000. The local matching funds required are $197,500 from unassigned general fund balance of which $197,500 will be reimbursed by this grant. Council Member Clark requested staff to take their time and look for other grants. She expressed concerns that the Land and Water Conservation Fund grant required the City to spend$200,000. She explained there are park grants that do not require a city to match the funds. She requested to postpone the grant application to allow staff to look for other park grants. Mayor Low asked if there was a deadline for the grant. Director of Parks and Recreation Chacon replied the grant deadline is February 2018. Mayor Pro Tern Ly stated the City should apply for as many grants as possible, even if they are matching fund grants. Public Works Director Ramirez interjected that staff spoke to the Federal Government in the Parks Department and the State. They both indicated there was Limited amount of park grants. Also,due to Senate Bill 1,there are parks grant funds being moved to transportation grants instead. Council Member Clark inquired on the park measure that was passed a few months ago. Director of Parks and Recreation Chacon replied Los Angeles County was not looking to start the application process until 2019. The City would be limited, and the allocation funding is about$56,000 per year.The City would group those funds for three years and apply for a competitive grant within the park funding grant. The County will compile a list of projects until they reach their $3 million allocation proposal and then open the competitive grant. Council Member Clark asked if staff had looked for a grant with the Rivers and Mountains Conservancy as well. Director of Parks and Recreation Chacon replied he had not seen any specific grants opportunities for a dog park with the River and Mountains Conservancy. He added Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 7 of 13 staff was working with consultants to obtain grant funds, depending on what the City would be looking for. He explained the Land and Water Conservation Fund grant was open to land acquisition or development of a new park. .. Mayor Pro Tern Ly stated staff has looked for grants with the Rivers and Mountains Conservancy and there were not grants available for the City to apply. Council Member Clark stated she had received information about community gardens and asked if the project would be feasible in the community and if there were any grants available for the development of community gardens. Director of Parks and Recreation Chacon replied there were grants available for community gardens depending on the wish of the Council. Council Member Armenta stated the Beautification Committee had discussed the possibility of a community garden and there is cost associated, maintenance, irrigation systems, and much more to do with a community garden. Director of Public Works Ramirez stated residents started a community garden at the Garvey Community Center and they do not maintain the garden, which has created an infestation of rats. ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member Armenta to approve the recommended action: Motion was carried by the following vote. AYES: Armenta, Low, Ly ABSTAIN: Clark, and ABSENT: Alarcon 5. PUBLIC HEARINGS B. Public Hearing on Modification 17-05, A City Initiated Request for Review The City is initiating a Request for Review,requested by Council Member Margaret Clark, under Rosemead Municipal Code (RMC) Section 17.160.060, to further review Modification 17-05. On October 16, 2017, the Planning Commission approved Modification 17-05, a request to modify the commercial component of a previously approved mixed-use project to a shopping center use, for the incorporation of restaurant use. Recommendation: That the City Council either uphold or reverse the Planning Commission's decision for Modification 17-05. Mayor Pro Tem Ly stated he would recuse himself from the discussion due to conflict of interest with the project location and would speak as a resident. Assistant Planner Lao reported the City initiated a Request for Review, requested by Council Member Margaret Clark, under Rosemead Municipal Code (RMC) Section 17.160.060, to further review Modification 17-05. On October 16, 2017, the Planning Commission approved Modification 17-05, a request to modify the -- commercial component of a previously approved mixed-use project to a shopping center use, for the incorporation of restaurant use. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 8 of 13 Brian Lewin expressed concerns with the off-street parking requirements relating to shopping centers. He suggested City Council reject the Planning Commission's decision due to the applicant going around the code.If allowed, the intensity of the shopping center would attract more traffic to the only existing driveway that serves the nearby residential complex. He reiterated why the applicant should be awarded for a previously approved project.The new buyer found a weakness in the code and is trying to exploit it by making a change that would allow them to develop a use intensity that would normally require 65 parking spaces with less. He concluded that if the project was approved the project would he legal non-confirming and a precedent of rewarding developers who find loop holes in the code and make changes to approved projects midstream. Billy Hoang representing Connecticut Avenue LLC, explained their goals was to discuss and alleviate concerns of their project. He referenced sections of the Planning Commission Minutes of October 16, 2017, stating Commission Hang concluded that the project was in accordance with the zoning and municipal code; Commissioner Eng stated the project was a good thing, it would provide a variety for that area and for the residents; and Commissioner Lopez agreed and that the applicant was working with staff to do what they need to do for the project to move forward. He explained in the three Planning Commission hearings, not one immediate neighbor voiced their concerns or complaints and adjacent developers support the project. He added that they had support of the project by a realtor and have indicated future residents were excited about being able to walk to dinner at night or a quick breakfast in the morning to the shopping center. Most of the neighbors are commercial or industrial users, there is not pedestrian crossing from the other side of Garvey, and therefore minimal impact would be on the residential streets further away from the project. Lastly, working with the realtor to attract national and international fast serve eateries to the City of Rosemead. The project is in compliance with the municipal code, the shopping center has public support from the neighbors and modification 17-05 and is good for all parties involved including the residents, business, and the city. Steven Ly, resident, agreed with the applicant and stated that area has been very industrial area for a long time. It is difficult to find a healthy place to eat later at night. There is a loop hole in the code that should be fixed in the future, but while the code still stands, the Council should follow the code or the City could be at a legal risk. The applicant is also trying to bring in national and regional clients to give options to residents. He added there are two senior home complexes that would benefit from a nearby shopping area. Mayor Low opened the public hearing at 7:24 p.m. City Attorney Richman requested the record to show that testimony had been heard and the Mayor was clarifying the public hearing was open. Mayor Low closed the public hearing at 7:34 p.m. Rosemead City Council, housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 9 of 13 Council Member Clark referenced the Planning Commission staff report of August 21, 2017, page 4 stating, addition parking will not be impacted as shopping center less than a 100,000 square feet with more than four tenants, at a parking ratio of --- one parking space per 250 square feet of floor area. She asked for clarification on the parking requirements. Assistant Planner Lao stated Rosemead municipal code table 17.112.0401 states there are certain off street requirements, in this case the proposed 6,500 square feet shopping center has five tenants, therefore they qualify as a shopping center. She noted if they are up to 100,000 floor area in the shopping center category, they could be parked at a ratio of 1 per 250 square feet. Council Member Clark asked how does that not affect parking when you are allowing 26 spaces. She asked if individuals will be able to enter the shopping center from Garvey or if they would have to go down the side lane. Director of Community Development Kim replied the entrance to the shopping center and the residential complex is shared parking and if you recall this was approved as mixed use project. So there is a shared access point egress and ingress on the east side of Garvey. Council Member Clark asked for clarification if it is on Garvey. Director of Community Development Kim replied it is on Garvey. Council Member Clark asked if individuals would have to go down the side lane of the street or if the entrance is actually on Garvey. Director of Community Development Kim replied the entry point is off Garvey as there is a certain distance. He noted you would go down the street for a short distance and then turn right. Council Member Clark noted the original plan was to have three parking studies. She noted the impacts won't be shown until it's too late. She stated the original project was one owner and it was approved three years ago. She stated it changed when it was discovered they could have all restaurants with less parking if you call it a shopping center instead of having standalone restaurants.She noted it looks like a loop hole which the City will regret later. She referenced the Planning Commission minutes where Chair Dang is quoted saying the project is in accordance with the municipal code but he voted against it.Commissioner Eng was also quoted but abstained. She noted the applicant picked and choose out of the minutes what wanted to he said. She asked if the applicant is willing to limit the number to three, which was the original request when they decided to have a shopping center. Council Member Armenta asked if this proposed project is in accordance with how the City's municipal code stands as of now. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14, 2017 Page 10 of 13 Community Development Director Kim stated he believes the ordinance on this particular section of the ordinance was adopted in 2013 and it is in the code. Council Member Armenta stated the City Council is not here to speak about loop holes in the municipal code. She stated they arc here to see if the City is following the ordinance. She noted it's not fair to penalize someone that is following our municipal code.She noted she did some research on the project and does not believe residential streets will be impacted. She stated this project is going to spruce and clean up that area. She noted the Garvey Specific Plan does not go into this area. She reiterated she is making her decision on how the ordinance is written as of now. If it has to be changed,that is a decision to be made in the future but for right now, staff has indicated the applicant is following the ordinance. Mayor Low reiterated some of the thoughts from Council Member Armenta and Mayor Pro Tern Ly. She noted she lives close to the project and thinks it would brighten up the area. She stated if the applicant is complying with how the municipal code is written now, the City needs to honor that. She noted if the code needs to be fixed, the City Council and staff can address it at a future date. City Attorney Richman explained since there was no resolution brought forward for the City Council, basically staff is asking for direction to be given for staff to come back with a resolution consistent with the findings tonight to then adopt at the next meeting. ACTION: Moved by Council Member Armenta and seconded by Mayor Low to uphold the Planning Commission's findings and for staff to bring a resolution to the next City Council meeting: Motion was carried by the following vote. AYES: Armenia, Low NOES: Clark, and ABSENT: Alarcon 7. MATTERS FROM CITY MANAGER & STAFF A. Appointment to the San Gabriel Valley Mosquito & Vector Control District The City recently received a letter (attached) stating that the term of office for the representative from the City of Rosemead to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District ends on December 31, 2017. The Board of Trustees is respectively requesting that the City Council appoint a representative to the Board prior to its January 12, 2018, meeting. Recommendation:It is recommended that the City Council appoint a representative from the City of Rosemead to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District. City Clerk Donohue explained Council Member Alarcon's term to the San Gabriel Mosquito Vector Control District would expire on December 31,2017. Mayor Low opened the nominations for the position on the San Gabriel Mosquito Vector Control District and that Council Member Clark was interested in the position. Rosemead City Council, Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 11 of 13 Council Member Armenta stated she was also interested on the position to the San Gabriel Mosquito Vector Control District. Mayor Pro Tern Ly stated that Council Member Armenta had not had the opportunity to serve on many committees and was only fair to appoint to her to the San Gabriel Mosquito Vector Control District. Council Member Armenta noted that she serves on the California Contract Cities Association but that position is unpaid. ACTION: Moved by Mayor Pro Tem Ly and seconded by Mayor Low to appoint Council Member Armenta as the representative from the City of Rosemead to the Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District for a two year term: Motion was carried by the following vote. AYES: Ar menta, Low, Ly NOES: Clark and ABSENT: Alarcon 8. MATTERS FROM MAYOR & CITY COUNCIL A. City Council Comments Mayor Pro Tern Ly requested, in reference to the Conditional Use Permit 17-05 project,that staff bring two separate resolutions on projects to give the Commission or Council the option to adopt a project or not. There is a hazard in delaying a project for a developer that is unfair. Second,he inquired about the turf behind the Rosemead Community Recreation Center. Director of Parks and Recreation Chacon replied there was a plan to propose a gazebo and land scape to accentuate the rentals,however it was under the unfunded Capital Improvement list. Mayor Pro Tem Ly asked if there was something inexpensive staff could do temporarily to at least improve the turf. City Manager Manns stated staff could look at some low cost projects and later plan for bigger projects on that area. Mayor Pro Tem Ly inquired about a community garden and suggested a joint Beautification Committee and Parks Commission study session to talk about a possible community garden on an open space area. Mayor Pro Tern Ly wished everyone a happy Thanksgiving holiday. Council Member Armenta wished everyone a blessed Thanksgiving holiday and wished Mayor Low and Council Member Clark a safe trip to their conference. 9. ADJOURNMENT w. Rosemead City Council, Housing Development Corporation,and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 12 of 13 The meeting adjourned at 7:55 p.m. The next regular City Council meeting is scheduled to take place on December 12, 2017, at 7:00 p.m. in the Rosemead City Hall Council Chamber. arc Donoue, _ty Clerk Approved: Polly Low,,Mayor Rosemead City Council,Housing Development Corporation, and the Successor Agency to the Rosemead Community Development Commission Special and Joint Meeting Minutes of November 14,2017 Page 13 of 13