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CC - Minutes - 04-24-18MINUTES OF THE CITY COUNCIL SPECIAL AND REGULAR MEETING APRIL 24, 2018 No" The special meeting of the Rosemead City Council was called to order by Mayor Steven Ly at 6:03 pm. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Members Armenta and Low ABSENT: Council Member Alarcon STAFF PRESENT: City Manager Molleda, City Attorney Richman, Director of Finance Lieu, Director of Community Development Kim, Director of Public Works Ramirez, Interim Director of Parks and Recreation Yugar, and City Clerk Hernandez A. Zoning Code Updates Community Development Director Ben Kln-i stated the presentation is a continuation from the Zoning Code Update from the March 27'h City Council meeting workshop. He briefly reviewed the Minor Exception Application and Signage Ordinance. Assistant Planner Annie Lao continued the presentation with the following items related to the Minor Exception Application: • Proposed new process will give the Community Development Director authority to allow an exception to certain development standards; Key topics include streamlined process to be business friendly; and allow for conforming enlargements and/or new structures to proceed without a Minor Exception; Current extensive process involves enlargement to a non -conforming structure; and the new proposed streamlining process includes creating a new application which would allow the director of Community Development and/or designee to approve Minor Exceptions request. In response to Mayor Pro Tem, Clark's questions regarding how often consent is not obtained from the abutting property owners; and if the proposed streamlining process provides the abutting property owners the ability to give consent or express their concerns, City Planner Lily Valenzuela explained it is rare for consent not to be given. City Planner Valcrizuela continued with the presentation with the following items related to the Sign Ordinance: • Existing code adopted in 1.971 has had a few i-ninor revisions and no comprehensive update; Rosemead City Council Special and Regular Meeting Minutes ql'April 24, 2018 Page 1 of 12 Goals of the sign code is to create clarity and flexibility; and Types of controversial signs currently include freestanding, digital display, and electronic messages. Council Member Arinenta thanked staff for bringing this issue forward, as she has received a number of concerns from residents regarding signs. In response to Mayor Ly's question regarding the controversy surrounding freestanding signs, City Planner Valenzuela stated height is the primary issue as sign owners want the signs as high as possible, where the surrounding residents view this as a visual blight. Resident Brian Lewin suggested the City Council consider handling Minor Exceptions by noticing residents and conducting a 30 -day comment period to allow, the abutting property owners to conirnent. If opposition is received, a hearing would be held depending on the scale of the project. If no opposition is received, the Director of Community Development would review and have the authority to make a determination. In regard to the Sign Ordinance, Mr. Lewin suggested the City Council consider a removal requirement for new businesses to remove or properly incorporate any old signage; as well as establishing a time limit for any new business to operate with banner signage. Additionally, he expressed his opposition to pole signs due to the height, brightness, and Unattractiveness; as well as electronic billboards and the proxin-tity to residential areas. For digital and electronic message signs, he asked the City Council to consider incorporating restrictions on size, brightness, and location. Mayor Pro Tem Clark agreed with Mr. Lewin's suggestion regarding the Minor Exception process for the notification of the abutting property owners so they could voice their concerns to an interim body that could oversee an appeal process. Council Merriber Armenta concurred with Mayor Pro Tern Clark and added the ordinance needs to be more defined to n-finimize its interpretation and provide consistency. Council Member Low expressed support for Mr. Lewin's suggestion to provide the abutting property owners a means of input for a specific period of time. Mayor LY also agreed with Mr. Lewin's comments regarding the Minor Exception process. He asked staff to, look at a way to avoid using the Planning Commission in order to expedite the process for property owners and help them avoid costly delays. He suggested creating an internal design review committee comprised of the Community Development Director, the City Planner, and another staff member to adjudicate the matter. Lastly, he added the applicant of the Minor Exception should be responsible for the cost of notifying the abutting property owners. Council Member Low noted in looking at the Minor Exception streamlined process, it does not appear to go to the Planning Commission. Suggested if the addition is not a separate unit and is more than the 20 percent deviation, it should not go before the Planning Corrinrission because it's part of the existing home. Rosemead City CouncilSpecial awl Regular Meeting Minutes ofApril 24, 2018 Page 2 o J'12 Assistant Planner Lao explained it depends on the type of Minor Exception being requested, Planning Commission review is not required for a 20 percent deviation frorn current development standards or a conforming addition, only review by the Community Development Director. However, to add a new structure with an existing non -conforming structure, resulting in two units on the property, requires consent from all abutting property owners and Planning Commission review. Council Member Armenta stressed not requiring projects under 20 percent deviation to go before the Planning Commission; and require projects with over 20 percent deviation to go before the Planning Commission. For example, there is a home on Walnut Grove Avenue that did an addition to the back, which is bigger than the primary home. It's going to complicate things and out us in a predicament that the City Council have to answer to the residents. ,Assistance Planner Lao explained that the property Mrs. Arinenta is referencing was under the 2,500 square feet so it did not need to go through a design review. The 20 percent deviation is for setbacks, for example 5 feet, 20 percent of that is 1.0 plus and we round down, so they are able to build 4 feet. But in that case all setbacks were met, so no minor exception was required. Assistant Planner Lao affirmed the Council's direction to continue notifying the abutting neighbors for projects requesting Minor Exceptions. The noticing period will give the public 10 business days to review and provide comments of the project. However, any objections to the project will go through a hearing before the Community Development Director. Lastly, if a new structure is being built, the project will go to the Planning Commission for review. In response to Council Member Low's question for clarification of the 20 percent deviation, Assistant Planner Lao explained if an existing horne has five feet of setback and continue to add, they can do, so by requesting a 20 percent deviation. If they want a three feet setback, staff would consider a variance and that will have to go before the Planning Commission for review. Mayor Pro 'rem Clark asked if there are enlargements and non -conforming structures with or without 20 percent deviation, right now the process is cumbersome. You will notify abutting neighbors and the new structure with all existing non -conforming structure on the subject site would be the same process. City Planner Valenzuela reiterated from hearing council's continents tonight, staff will keep the current process. Mayor Ly explained Mr. Lewin's suggestion gives a 1.0 business day notice to neighbors' to respond, rather than having the property owner collect signatures. 'rile Cormnunity Development Director will conduct a hearing to adjudicate the project if needed, Mayor Pro Tern Clark asked if there is an appeal process to the Planning Commission if somebody wants to appeal a project. Rosea wad City Council Speciul and Regukir Meeting Minutes (�fApril 24, 2018 Page 3 of'12 Community Development Director Kirn replied any decision made by staff or the Director is appealable to the Planning Commission and the Commission's decision is appealable to the City Council. Council Member Armenta Doted that all four Councilmembers agreed with Mr. Lewin's comments. She reiterated that she receives complaints of unpleasant electrical signs that are a distraction such as chasing lights. Council Member Low expressed she did not support pole signs, depending on their usage, as well as, digital signs that can be distracting. Electrical signs that are small. were okay, Mayor Ly recommended ended that staff work on a set of design guidelines and perhaps asking the Beautification Committee to assist on the visual aspect of signs. Council Member A-rmenta inquired how the city is going to address banners with businesses. She explained there are businesses getting cited because they did not know the required permits. City Planner Val,enzuela assured the City Councilthat staff would work on incorporating the banner process into the sign code. In the meanwhile, new business owners obtaining business licenses will be notified about banner rules as part of the process. Council Member Low interjected to also include: the complete removal of old signs on commercial buildings. City Planner Valenzuela explained staff is working with the city attorney's office to incorporate standards of old signs. In the meantime, staff requires business owners to repaint and fix or remove old signs. Mayor Pro Tern Clark asked for the closed session items moved to the special workshop meeting. City Attorney Richman explained the closed session item is scheduled for the regular City Council meeting and due to the Brown Act guidelines, she did not recon-u-nend moving closed session to the special workshop meeting. Mayor Ly requested that all closed session items be placed at the six o'clock special meetings. Mayor Ly recessed the workshop at 6:43 p.m. RECONVENE TO REGULAR MEETING The regular meeting of the Rosemead City Council was called to order by Mayor Steven Ly at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. Rosemead City Council Special and Regular Heetbig Mivutes of April 24, 2018 Page 4 of 12 PItE SENT:Mayor Ly, Mayor Pro Tent Clark, Council Members Arnienta and Low ABSENT: Council Member Alarcoti PLEDGE OF XLLEGIANCE was led by Council Member Low INVOCATION was led by Mayor ProTern Clark. STAFF PRESENT: City Manager Molleda, Assistant City Manager Tsujiucbj, City Attorney Richman, Finance Director Lieu, Coi-ninunity Development Director Kii-ii, Public Works Director Ramirez, Interim Parks and Recreation Director Yugar an(] City Clerk Hernandez .1 2. PUBLIC CONINIENT Resident Vella Navarro expressed concerns with illegal duniping on the co mer of I (,arvey Avenue and SaG n abriel Boulevard. She called Public Safety Center to report the issue and later learned the illegal dumping was still not ad dressed. Mrs. Navarro alerted the City Council and the issue was addressed promptly. City Nlanager Molleda explained the illegal dUrnping was in public right-of-way and the Public NVorks staft'cleaned. the area. Mrs. Navarro also spoke about a raccoon loose in, tier property and asked the city for assistance on addressing the wild ani-nial issue. Chief of Police Lt. Hwifilein replied Sheriff Deputies do not handle anillial control unless an anitnal is attacking somebody. City Manager Molleda stated animal control staff will contact Mrs. Navarro and speak to the Humane Society to try and he][) with the wild animal issue. In response to Mayor Pro "fein Clark's question oil how other cities address storing homeless belongings, City Attorney Richman, explained when personal belongings are front the homeless the City must notify theni where their items will be teinporarily stored. Council Member Arnlenta stated the City has a container to store personal belongings for tip to 90 clays. 3. PRESENTATIONS A. lutf(ALICtiOn, of Assistant City Manager Greg "I'sujiuchi City Manager Molletla introduced and welcomed Greg TSU.jJuchi as Rosernead's new Assistant City Manager. Roseinead City Council Special and Reguhv-Aleeth ig Mimites of April 24, 2018 Page 5 of.12 Greg Tsu_jiuchi thanked the City council, staff, and the corrinninity for giving him the opportunity to serve the City. City Council welconled Mr. Tsujiuchi to the City of Rosemead. B. Recognition of the Rosernead High School Acadernic Decathlon Mayor Ly along with the City Council recognized Decathlon Coach and English teacher Eric Burgess and the Rosemead Iligh School Acadeillic Decadl loll. He cojilmended the decathlon tearn for their first -place finish in DiviSioll III and 9th place overall in J..,os Angeles County to become the highest scoring team in the history of the five schools of the El Monte Union High School j)istrict. The city Council thanked the coach, parents, teachers. and presented certificates of recognition to the stildent's for their hard work. Coach Eric Burgess thanked [lie City Council for the recognition and corinuended the students and their parentsfor their counnititient and hard work. Council Member Arnienua stated the, decathlon team has put Rosemead oil the rnap and coniniended coach Burgess for his coninutinent to, the corrullunity and the kids. City Manager Molleda announced agenda iterris 6A and 6E are tabled to the following City CoLincil ineeting, 4. PUBLIC HEARINGS — None 5. (.701 4ENT CALENDAR A. Claillis and Dernands 0 Resolution No. 2018-25 I A RESOLUTION OF THE CITY ( ..10UNClL OF THE CITY OF ROSEMEAD, CA11FORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $568,317.41, NUMBI.3,RED 99557 THROUGH NUMBER 99678 INCLUSIVELY Reconuriendation: AdoptResolution No. 2018-25 B. City Council Meeting Minutes Reconirnendatiorl: Approve the minutes From the regulm— ineethig on April 10, 201& C. I)rotected Left'rurn Installation oil Ivar Avenue at Valley Boulevard Rosemead (,ity ("ouncil Special and Regidar Aleeling Alhwres qf April 2'4, 2018 Page 6 q.02 Recommendation: Approve the installation of a protected northbound left turn signal and a protected soutbbound left turn signal from Ivar Avenue onto Valley Boulevard. *ANA* ACTION: Moved by Mayor Pro Tem Clark, and seconded by Council Member Annenta to approve Consent Calendar items 5A, 513, and 5C. Motion was carried by the: following vote: AYES: Armenta, Clark, Low, and Ly; ABSENT: Alarcon 6. MATTERS FROM CITY MANAGER & STAFF A. Annual. Comprehensive Fee Resolution Update Recommendation: Adopt Resolution No. 2018-24, Annual Comprehensive Fee Schedule. Item 6A was tabled to another meeting. B. License Agreement — 882,8 Glendon Way Recommendation: That the City Council authorize the City Manager to execute a License Agreement with Hartford Hotel Investment Inc. for a community garden use of a property located at 8828, Glendon Way, Rosemead CA 91770. Director of Community Development Kim reported staff has looked at the concept of leasing a vacant lot near the ',Hartford Hotel on a short-term lease that can be utilized to create a comrnunity garden for seasonal produce. He noted that a "park- like" structure would take city resources and staff to manage and operate as opposed to a community garden, once built, can be maintained by the seasonal producers. The location is considered by the City due to the land being vacant, relatively flat, the land is half an anchor in size, month to month lease, and the project is supported by the Parks Commission. In conclusion Director of Community Development Kim suggested developing a programming guide and citing improvement concepts if Council decides to authorize the agreement. Parks Commissioner Chen Lin thanked the City Council and staff on their consideration for the community garden. He highlighted the garden's ability to address the eye sore and blight of vacant property and provides an interesting recreational OppOrtUnity for Rosemead residents, which has support from the Parks COMITlission. COM.MiSSi011er Lin cited that while the COTInTlUnity garden is temporary, it can also be seen as an investment opportunity for the health and safety of Rosemead residents. Lastly, Commissioner Lin asked Council to attach a learning agenda to the proposition which will help gather data and scale the project to other properties that would hopefully develop into something more permanent. Z:� Mayor Ly contended the learning agenda is a great idea and opened the Council to comments or questions. Rosemead City Council Special and Regular Meeting Minutes ofApril 24, 2018 Page 7 of 12 Council Member Armenta referenced a discussion with the Beautification Committee about the restraints of community gardens. She questioned the mobility of the garden and raised concerns that residents may lose out on their personal investments of the garden to redevelopment. Mayor Ly responded the stations will be modular so you could take your garden if needed. City Manager Molleda mentioned to the Council that a design review will go to the Beautification Committee for approval. Mayor Pro Tem Clark questioned the security of the community garden in relation to homelessness. Community Development Director Kim reassured the community garden will be properly secured. Referencing to other con-flnunity gardens visited by staff, the proposed garden will have a door and lock system that is exclusively accessible to producers. City Manager Molleda mentioned to Mayor ProTem Clark that. the Interim Director of Parks and Recreation is creating a policy and application for the process. Council Member Low asked about the inclusion of school districts within the plan, to which City Manager Molleda responded that once a plan is established between staff and council, further inquiries can be made. ACTION: Moved by Council Member Low and seconded by Council Member Armenta to authorize the City Manager to execute a license agreement with Hartford Hotel Investment Inc. for a community garden use of a property located at 8828 Glendon Way, Rosemead CA 91770. Motion was, carried by the following vote: AYES: Armenta, Clark, Low, and Ly; and ABSENT: Alarcon C. Draft Curb Marking Policy and Procedures for Red, Green, Yellow, and White Curbs Recommendation: That the City Council review and approve the DraftCurb Marking Policy and Procedures for Red, Green, Yellow, and White Curbs. Director of Public Works Ramirez reported staff has prepared a Draft Curb Marking Policy and. Procedures for Red, Green, Yellow, and White Curbs document to identify the procedures and approval criteria associated with installing curb markings within Rosemead. On April 5, 2018, the Traffic Commission reviewed the policy and procedures. Confused on staff's recommendation to strikethrough fees associated with curb marking requests, Mayor Low asked Director of Public Works Ramirez whether fees are typical for these procedures. Roseinead 04, Council Special and Regular Meeting Minutes of April 24, 2018 Page 8 of 12 Director of Public Works Ramirez explained that fees associated with curb markings are used to pay for conducting studies. While fees can be applicable, funding exists for this type of service each year in the Public Works budget and the applicant does not have to pay for requesting a color curb inarking. ACTION: Moved by Mayor Pro Tern Clark and seconded by Council Member Low to approve the Draft Curb Marking Policy and Procedures fear Red, Green, Yellow, and White Curbs. Motion was carried by the following vote: AYES: Armenta, Clark, Low, and Ly; and ABSENT: Alarcon D. California Natural Resource Agency's Urban Greening Grant — Duff Park Recornmendation: That the City Council appropriate $805,033 from the unassigned general fund balance for the Duff Park Project. Out of this amount, $520,533 will be reimbursed through the California Natural Resource Agency's Urban Greening Grant and $284,500 will be the City's required match contribution. Director of Public Works Ramirez reported the City applied for funding tinder the California Natural Resources Agency's Urban Greening Grant (Urban Greening Grant) for the amount of $987,000 for the Duff Park Improvement Project., This new park development will be located in the open space area of Duff School, adjacent to Garvey Park, and will consist of the installation of a walking trail, volleyball court, basketball/badminton court, landscaping, irrigation, and other miscellaneous improvements. The City has been informed that this project has been selected for -funding under the Urban Greening Grant in the amount of $520,533. As part of the grant requirements, the City will be required to provide a $284,500 match for a total project cost of $805,033. Mayor Ly conirnended staff for securing the Urban Greening Grant and the city's conunitment to green project initiatives. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to appropriate $805,033 from the unassigned general fund balance for the Duff Park Project. Out of ti-iis amount, $520,533 will be reimbursed through the California Natural Resource Agency's Urban Greening Grant and $284,500 will be the City's required match contribution. Motion was carried by the following vote, AYES: Armenta, Clark, Low, and Ly; ABSENT: Alarcon E. Approval of Professional Services Agreement for Public Works Inspection Services Recornnaendation: That the City Council authorize the City Manager to enter into a three (3) year PSA with SCB Inspection, with an option to extend the PSA for two (2) additional one-year periods, to provide public works inspection services at an annual cost not to exceed $150,000. Item 6E was tabled for a future Meeting. 7. MATTERS FROM MAYOR & CITY COUNCIL Rosemead City Council Special and Regular Meeriwg Minutes ofApril 24, 2018 Page 9 qf 12 A. Mayor's Appointments for 2018-19 Mayor Ly announced the City Council submitted their preferences for appointments to the City Clerk prior to the meeting. In addition, he asked Mr. Brian Lewin if he was interested to be the second alternate to the LAX Community Noise Roundtable. Mr. Lewin affirmed he could serve as the second alternate when it does not interfere with the Beautification Committee meetings. Mayor Ly appointed Councilmember Armenta as the alternate to the California Joint Powers Insurance Agency. Mayor Ly appointed Mayor Pro Tern Clark as Chair of Public Safety Connections Committee and appointed Council Member Low as Vice -Chair. Council Member Armenta noted that the contact for the SR -60 Coalition Joseph Gonzalez was no longer the Council Member in South EI Monte. ACTION` Moved by Council Member Armenta and seconded by Council Member Low to approve the Mayor's appointments for the 2018-19 fiscal year. The motion was carried by the following vote: AYES: Armenta, Clark, Low, and Ly; ABSENT: Alarcon B. City Council Comments Council Member Ari-nenta thanked City Manager Molleda for her responsiveness regarding Mrs. Navarro's concerns and welcomed Assistant City Manager Greg Tsujiuchi to the City of Rosemead. Mayor. Pro Tern Clark brought forth the issue of weathered curb home addresses and asked Public Works Ramirez Director if the city has a repaint and replace policy. Director of Public Works Ramirez responded that there, is funding allocated within next year's budget to paint half of required homes one year and the remaining half the following year with a potential beginning date in the summer. Mayor Ly cited Brown Act restrictions preventing further discussion of the issue, and instead proposed issuing a memo and or agenizing the item.. In light of recent tragedies involving the terrorist use of trucks, Mayor Pro Tern Clark suggested the placement of preventive measures, such as barriers, to protect public dining areas when approving major projects in the Garvey Specific flan. Mayor Ly acknowledged Mayor Pro Tern Clark's concerns, as legitimate, affirming there are substantial preventive measures within the Garvey Specific Plan. Roseinead Citey Council Special and Regular Meeting Minutes of April 24, 2018 Page 10 of 12 Community Development Dircctor Kim reaffimied there are security measures for outdoor dining area that will be put into place along with fencing and landscaping modifications. OftC"ouncilmember Armenta coinniended the Public Works staff for the beautiful and effectiveness of the in -ground crosswalk lighting implemented at Savanna]) Elementary School.. However, safety and vehicle speed concerns were raised in regards to Fern Avenue, where Bitely Elementary School is located. Council Member Armenua requested a study that analyzes the street for measures that can Support the implementation of multiple stops. Her goal is to give every school in Roseimead accessible and safe passage crosswalks. She questioned the order of the Safe ROUte, to SCII001 grants and stresses priority on Bitely Elementary School, 8. CTOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - POTI'.',N,r]Al, LITIGATfON Pursuant to (3overnment Code Section 54956.9(d,)(2) NUIriber of Cases: I 13, CONFERENCE WTF14 LEGAL CoUNSEL, EXISTING LITR -JATION Pursuant to Government Code. ode Section 54956 9 (d)(1) Case Narne: People v. Sarnan,.Inc. (City of Rosemead) LASC Case No. BC 698690 Mayor Ly recessed the meeting at 7:55 p.rn. to closed session and reconvened back to open session ,it 8:13 p.m. City Attorney Richman reported there was no reportable action taken in closed session 9. ADJOURNMEN'r 'Ilio meeting adjourned at 8:1.3 p.m. The next regular City Council meeting is scheduled 'i to be held on May 8, 2018, at 7-0�O p.nt in the Rosemead City Hall Council Chamber, Ericka Hei"nand'ez—,'City Clerk APPROVED: Rosemead Gly Council Sp; ec,ial and Regular Afeeling Minuies of April 2 4, 2018 Ptige I I eaf 12 Steven Ly',' Mayor Rose,inead Chy Council Special and Regular Meeting Minutes qfApril 24, 2018 Page 12 of 12