Loading...
CC - Minutes - 10-23-18MINUTES OF THE CITY COUNCIL SPECIAL AND REGULAR JOINT MEETING OCTOBER 23, 2018 The special meeting of the Rosemead City Council was called to order by Mayor Pro Tem Clark at 6:46 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Ly (teleconferencing), Mayor Pro Tem Clark, Council Members Armenta and Low Teleconference Location: Fairfield Marriot Hotel Fort Leonard Wood 131 St. Robert Boulevard St. Robert, MO 65584 ABSENT: None 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Pursuant to Government Code Section 54956.9(d)(2) Number of Cases: 1 Mayor Pro Tem Clark recessed the special meeting to Closed Session at 6:48 p.m. RECONVENE TO REGULAR MEETING The regular meeting of the Rosemead City Council was called to order by Mayor Ly at 7:10 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. City Attorney Richman announced there was no reportable action taken in Closed Session from the special meeting. PRESENT: Mayor Ly (teleconferencing), Mayor Pro Tem Clark, Council Members Armenta and Low ABSENT: None STAFF PRESENT: City Manager Molleda, Assistant City Manager Tsujiuchi, City Attorney Richman, Sergeant Fiedler, Director of Finance Lieu, Director of Community Development Kim, City Engineer Fajardo, and City Clerk Hernandez Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page I of 8 PLEDGE OF ALLEGIANCE was led by Council Member Low INVOCATION was led by Council Member Armenta 2. PUBLIC COMMENT Speaker Dolores Weidermann, Resident, acknowledged and thanked City staff for working with Southern California Edison to clean-up their property on Mission Drive and Walnut Grove Avenue. Speaker Jim Trieu, Resident, spoke about a robbery incident involving his nephew. He expressed concern on the rise of gang member presence near Pine Street and Newmark Avenue. Mr. Trieu requested the City assign more Deputies to patrol the neighborhood. Speaker Eric Lai, Resident, provided details pertaining to his robbery incident that occurred on Newmark Avenue. He explained more crimes have occurred in the area in the last three months. Mr. Lai implored the City Council to increase Sheriff Deputies' presence in patrolling the area, and proposed additional lighting on dark patches vulnerable to concealed crime activity. Council Member Low commended the residents for coming to speak to the City Council in effort to raise awareness of concerns for public safety. Council Member Armenta agreed that increasing surveillance from Sheriff Deputies is needed in the area. She stated she would hate to see an incident happen as there are two schools nearby. Mayor Pro Tem Clark agreed with Council Members Low and Armenta to increase patrol. She asked staff to investigate the lack of lighting in certain areas of the neighborhood. Since the transition of LED lights in some areas, residents have complained to her, the LED lights are not bright enough. City Manager Molleda noted Public Works staff is looking into the LED lighting issue in the neighborhood. In addition, she explained Council Member Low notified her of the incident, and the new Chief of Police assigned a Deputy to speak to residents about the incident and address further concerns. Mayor Ly stated that issues involving crime increased when the State of California realigned their prison population by passing a proposition allowing for early release of inmates, when they should remain incarcerated. Mr. Ly added he will continue to meet with legislators and government officials to discuss how public safety issues are being addressed in communities with increased crime across the State. 3. PRESENTATIONS A. Los Angeles County Economic Development Corporation - Most Business Friendly City Finalist Award Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 2 of 8 Bob Machuca, Business Assistant Director, Los Angeles Economic Development Corporation, congratulated the City of Rosemead for being selected as a finalist of the Eddy Award in the category of the Most Business Friendly Cities for 2018. He praised the City's effective communication between staff and businesses by providing a vacation checkup service, Rosemead Around the Clock (online Citizen Request Management System), and availability of multiple languages. Mr. Machuca presented the City Council with a recognition plaque for being selected as a finalist of the Eddy Award and a scroll from the County of Los Angeles Board of Supervisors. B. Proclamation Declaring October 23-31, 2018 as " Red Ribbon Week" in the City of Rosemead Public Safety Supervisor Wong stated October is crime prevention month. The ultimate goal of crime prevention and being drug free is to reduce the risk of being a victim. Other crime prevention efforts to deter crime in the community include the Community Area Watch meetings, Community Academy, the Red Ribbon Assembly, and neighborhood watch meetings. This year's theme is "Life is Your Journey, Travel Drug Free" which is a shared and collaborative effort by working together to help make Rosemead today's small town a safer community. C. Announcement of Moon Festival Art Contest Award Winners Cydney Ee, Representative, Signpoli Media, Inc., noted the purpose of the contest is to increase civic engagement and promote the Moon Festival. Ms. Ee introduced and presented certificates to the winners of the Moon Festival Art Photo Contest. • First Place Winner — James Mao • Second Place Winner — Ken Hui • Third Place Winner — Mark Lu D. Introduction of Newly Hired Part -Time Office Specialist Annie Wong Presentation was cancelled. 4. PUBLIC HEARINGS A. Public Hearing on Updating and Broadening the City's Ban on Cannabis Facilities, Cultivation, and Deliveries — Municipal Code Amendment 18-04 The proposed Municipal Code Amendment (MCA) 18-04 would amend Rosemead Municipal Code Sections 1.04.130, 2.44.060, and 12.44.050; and restate Chapter 17.40 related to prohibiting medical marijuana dispensaries, marijuana cultivation facilities, and marijuana deliveries. MCA 18-04 would update and broaden the City's existing medical marijuana regulations that generally ban such facilities and expand the ban to what State law now refers to as commercial cannabis facilities to conform with recent changes to State law, and imposes updated regulations on cannabis deliveries and cultivation in accordance with State law. Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 3 of 8 Recommendation: That the City Council take the following actions: 1. Conduct a public hearing and receive public testimony; and 2. Introduce for first reading, by title only, Ordinance No. 983 approving Municipal Code Amendment 18-04. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTIONS 1.04.030, 2.44.060, AND 12.44.050; AND RESTATING CHAPTER 17.40 OF THE ROSEMEAD MUNICIPAL CODE, RELATED TO CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES City Planner & Economic Development Manager Valenzuela reported in 2016 the City enacted a temporary moratorium pertaining to marijuana cultivation and medical marijuana facilities, for further investigation on a permanent ordinance regulating all marijuana land use in the City. Municipal Code Amendment 18-04 would amend several sections of the Rosemead Municipal Code and restate Chapter 17.40 to the current State law. The proposed Ordinance No. 983 will prohibit commercial cannabis facilities and regulate cannabis cultivation. Staff is recommending the City Council conduct a Public Hearing, receive public testimony, and introduce for first reading by title only Ordinance No. 983, approving Municipal Code Amendment 18-04. Mayor Ly asked for clarification on what will be allowed, and if there will be zoning restrictions. City Planner & Economic Development Manager Valenzuela replied the current Municipal Code Chapter 17.40 only references medical marijuana, cultivation, and delivery. The proposed Ordinance No. 983 will prohibit all types of commercial cannabis facilities and regulate cannabis cultivation in the City. Council Member Armenta concerned with the legalization of marijuana, asked how residents are going to be protected from all types of medical marijuana dispensaries. In addition, she asked if there are State laws that will precede the City's ordinance. Director of Community Development Kim explained that as part of the regulatory process for any type of activity with marijuana, a permitting process from the State of California is required. The proposed Ordinance No. 983 will ratify the moratorium on a permanent basis and the State will not issue any licenses for the City of Rosemead relating to marijuana. There is an exception to the law, in which the law does allow marijuana for personal use in all cities in the State of California. Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 4 of 8 In response to Mayor Ly's question, Director of Community Development Kim confirmed that the State allows up to six living cannabis plants in a private residence. There being no comments, Mayor Ly opened and closed the Public Comment period. ACTION: Moved by Council Member Armenta and seconded by Mayor Pro Tem Clark to take the following actions: 1. Conduct a public hearing and receive public testimony; and 2. Introduce for first reading, by title only, Ordinance No. 983 approving Municipal Code Amendment 18-04. Motion was carried by the following roll call vote: AYES: Armenta, Clark, Low, Ly ABSENT: NONE Council Member Armenta inquired if delivery of marijuana can also be considered distribution. City Attorney Richman explained Ordinance No. 983 is drafted to prohibit delivery in the City. There are new regulations that are coming forward and the Cannabis Bureau appears to interpret their authority to prohibit cities from not allowing delivery within their jurisdiction, which means if an entity has a permit, they are allowed to do deliveries within Rosemead jurisdiction. Mayor Pro Tem Clark inquired if the entity does not have a permit from the City, could they still conduct deliveries. City Attorney Richman replied yes, entities can do deliveries if they have a license from the State. 5. CONSENT CALENDAR A. Claims and Demands Resolution No. 2018-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $555,742.69 NUMBERED 101495 THROUGH NUMBER 101616 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-64. Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 5 of 8 B. Second Reading and Adoption of Ordinance No. 984 Amending Section 2.48.040 of the Rosemead Municipal Code Relating to the City's Personnel System On October 9, 2018 the City Council reintroduced Ordinance No. 984 by title, amending Section 2.48.040 of the Rosemead Municipal Code relating to the City's personnel system. Recommendation: That the City Council approve the second reading and adoption of Ordinance No. 984 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM C. Adoption of Resolution No. 2018-63 Approving the City of Rosemead Natural Hazard Mitigation Plan The federal Disaster Management Act of 2000 (DMA 2000), which amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act, requires every local, county and state government to have an approved Hazard Mitigation Plan. In addition to minimizing the impact of major hazard events on the community, completion of the Plan also maintains eligibility for future hazard mitigation funding following any significant disasters. As a result of the DMA 2000 legislation, hazard mitigation is now considered to be the first step in preparing for emergencies, rather than the final step in recovery. Recommendation: That the City Council adopt the City of Rosemead Local Hazard Mitigation Plan and approve City Council Resolution No. 2018-63, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING THE NATURAL HAZARD MITIGATION PLAN AS REQUIRED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT D. Tree Trimming Maintenance Agreement Extension On October 11, 2016, the City Council approved a two-year agreement with West Coast Arborists, Inc., for Tree Trimming Maintenance Services. This agreement is set to expire on October 26, 2018. In accordance with this agreement, the City and West Coast Arborists, Inc. may extend the term of this agreement for up to two additional one-year agreements. Staff is requesting to bring this contract in-line with the fiscal year for budgetary reasons, and therefore would like to do an 8 -month extension rather than 12 months for an amount not -to -exceed $106,000 for grid trimming, additional services (i.e. tree removals, treatment, and on-call trimming) Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 6 of 8 and emergency response during the 8 -month period, with an expiration date of June 30, 2019. Recommendation: That the City Council authorize the City Manager to execute an Amendment to the agreement extend the term of the Agreement by eight (8) months from October 26, 2018 — June 30, 2019, with West Coast Arborists, Inc. for a not - to -exceed amount of $106,000. ACTION: Moved by Council Member Low and seconded by Mayor Pro Tem Clark to approve Consent Calendar Items A -D. Motion was carried out by the following roll call vote AYES: Armenta, Clark, Low, Ly ABSENT: None 6. MATTERS FROM CITY MANAGER & STAFF A. Proposed Amendment to Agreement with the San Gabriel Valley Humane Society for Animal Shelter and Care Services Recommendation: That the City Council authorize the City Manager to execute the Amendment to the agreement which would continue services from November 1, 2018 to January 31, 2019 for a total amount not -to -exceed $27,261.75. Assistant City Manager Tsujiuchi reported in June 2015, the City entered into a two-year agreement with the San Gabriel Valley Humane Society (SGVHS) for animal care and control related services. The City is in its third year with the San Gabriel Valley Humane Society; however, the current rates in the agreement are no longer viable for the San Gabriel Valley Humane Society. Staff attempted to negotiate new pricing, but has been unable to reach an agreement. Staff is recommending to extend the current agreement for 90 days, to expire on January 31, 2019. In the meanwhile, staff will conduct a request for proposal for animal shelter and care services. ACTION: Moved by Council Member Low and seconded by Mayor Pro Tem Clark to authorize the City Manager to execute the Amendment to the agreement which would continue services until January 31, 2019, for an amount not -to -exceed $27,261.75. Motion was carried by the following roll call vote: AYES: Armenta, Clark, Low, Ly ABSENT: None 7. MATTERS FROM MAYOR & CITY COUNCIL A. City Council Comments Mayor Ly noted this was the last City Council meeting until the Special Municipal Election of November 6, 2018; acknowledged a new Council Member will join the rest of City Council at the next meeting. He wished all three candidates the best on their campaigns. Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 7 of 8 8. ADJOURNMENT Mayor Ly adjourned the meeting at 7:53 p.m. The next regular meeting of the City Council is scheduled to take place on November 13, 2018, at 7:00 p.m. in the Rosemead City Mall Council Chamber. Ericka HerNarldez, City Clerk- Approved: lerkApproved: IR n Ly, Mayor Rosemead City Council Special & Regular Joint Meeting Minutes of October 23, 2018 Page 8 of 8