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CC - Agenda - 08/11-09Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non- agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Rosemead City Council AGENDA August 11, 2009 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 www.cityofrosemead.org Margaret Clark, Mayor Gary Taylor, Mayor Pro Tem Sandra Armenta, Council Member Polly Low, Council Member Steven Ly, Council Member ROSEMEAD CITY COUNCIL AGENDA • CALL TO ORDER - 7:00 PM 11, 2009 • PLEDGE OF ALLEGIANCE - Mayor Clark • INVOCATION - Mayor Pro Tern Taylor • ROLL CALL - Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly 1. PRESENTATION • Holly Knapp Recognition Plaque 2. PUBLIC HEARINGS A. Extension of Urgency Ordinance No. 877 to Prohibit Approval of Applications for Medical Marijuana Dispensers On June 30, 2009, pursuant to Government Code Section 65858, the Rosemead City Council enacted Urgency Ordinance No. 877, which imposed a moratorium on the approval of applications for land use entitlements for medical marijuana dispensaries for a period 45 days. During this 45-day period, staff has begun to compile and study the substantial health and safety issues, as well as the inconsistencies between State law and Federal law, regarding the approval of and location of medical marijuana dispensaries. The limited 45- day period has not provided a sufficient amount of time to address the potential adverse impacts that such a use may present if left unregulated. Therefore, such factors warrant the City Council's consideration of the adoption of Urgency Interim Ordinance No. 879 to extend Urgency Interim Ordinance No. 877 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council introduce (by title only) and adopt, as an urgency measure pursuant to California Government Code Section 65858 (b) Ordinance No. 879 entitled "An Urgency Interim Ordinance of the City Council of the City of Rosemead, California, continuing the provisions of Ordinance No. 877 for a period of ten (10) months and fifteen (15) days to continue the Moratorium on Medical Marijuana Dispensaries in the City and making findings in support thereof'. B. Extension of Urgency Ordinance No. 878 to Prohibit Approval of Applications for Adult Businesses On June 30, 2009, pursuant to Government Code Section 65858, the Rosemead City Council enacted Urgency Ordinance No. 878, which imposed a moratorium on the approval of applications for land use entitlements for adult businesses for a period of 45 days. During the 45-days period, staff has begun to compile and study the substantial health and safety issues involved in the approval of such businesses. Since the adoption of the City's current adult business ordinance (Ordinance No. 753), there have been a number of studies concerning the adverse secondary effects of adult businesses in other cities, as well as legal decisions regarding local regulation that must be reviewed. Page 2 of 5 ROSEMEAD CITY COUNCIL AGENDA 11, 2009 The limited 45-day period has not provided a sufficient amount of time to fully address the effectiveness and adequacy of Ordinance No. 753. Therefore, such factors warrant the City Council's consideration of the adoption of Urgency Interim Ordinance No. 880 to extend Urgency Ordinance No. 878 for a period of ten (10) months and fifteen (15) days. Recommendation: That the City Council introduce (by title only) and adopt, as an urgency measure pursuant to California Government Code Section 65858 (b) Ordinance No. 880 entitled "An Urgency Interim Ordinance of the City Council of the City of Rosemead, California, continuing the provisions of Ordinance No. 878 for a period of ten (10) months and fifteen (15) days to continue the Moratorium on Adult Businesses in the City and making findings in support thereof'. 3. PUBLIC COMMENT FROM THE AUDIENCE 4. CONSENT CALENDAR A. Minutes April 28, 2009 - Regular Meeting June 30, 2009 - Special Meeting Claims and Demands Resolution No. 2009 - 41 Recommendation: Adopt Resolution No. 200941, for payment of City expenditures in the amount of $863,892.78 numbered 100459 through 100481 and 66885 through 97032. Resolution No. 2009 - 42 Recommendation: Adopt Resolution No. 200942, for payment of City expenditures in the amount of $221,270.39 numbered 67033 through 67073. C. League of California Cities 2009 Annual Conference and Exposition - San Jose September 16.18, 2009 The League of California Cities 2009 Annual Conference and Exposition will take place on September 16-18, 2009, in San Jose, California. Recommendation: That the City Council authorize any Council Member, the City Manager, or a staff designee to attend the event at City expense. Page 3 of 5 ROSEMEAD CITY COUNCIL AGENDA August 11, 2009 D. California JPIA Risk Management Conference - San Francisco October 28-30, 2009 The 141h Annual California Joint Powers Insurance Authority Risk Management conference will be held in San Francisco on October 28-30, 2009. Recommendation: That the City Council authorize any Council Member, the City Manager, or a staff designee to attend the event at City expense. E. Approval of Special Indemnity Agreement between Contract Cities and the County of Los Angeles regarding Municipal Law Enforcement Services Over the past three years, the California Contract Cities Association (CCCA) and the County of Los Angeles have been engaged in a dispute regarding the County's use of the contract cities' Liability Trust Fund (LTF) for claims resulting from sexual assaults committed by Sheriffs deputies while assigned to a contract city. As a result of extensive negotiations with the County, the CCCA Legal Committee has proposed a compromise settlement of the ongoing dispute. This proposed agreement provides that the County will be responsible for one-half of any such settlement or judgment. The other one-half of judgment or settlement costs will be drawn from the LTF established by the contract cities. The proposed settlement has been approved by the County Board of Supervisors. The forty (40) affected CCCA member agencies that contract with the Los Angeles County Sheriffs Department for law enforcement services have adopted or are now in the process of considering adoption of the agreement. The agreement will ensure that the affected cities will continue their contractual relationships with the Los Angeles County Sheriffs Department for municipal law enforcement services. Recommendation: That the City Council accepts the proposed settlement and approves the "County-City Special Indemnity Agreement". 5. MATTERS FROM CITY MANAGER & STAFF A. California Mission Inn Pet Fair On July 28, 2009, the City Council discussed information regarding a "Pet Fair, Dog Walk for Hope, and Dog Show" that will be held at the California Mission Inn on August 29th. It was estimated the cost of City services in relation to the event to be $8,321. This includes the cost of Public Works and Public Safety staff time as well as Los Angeles County Sheriff deputies' time. At the meeting, Council authorized the requested street closures and directed staff to work with the California Mission Inn in an effort to reduce and share the associated costs. Staff has met with the executive director of the California Mission Inn to discuss the costs. The estimated costs have been lowered to $6,321 by reducing the amount of service needs and time required. The total costs will be shared by the City and the California Mission Inn. Page 4 of 5 ROSEMEAD CITY COUNCIL AGENDA 11, 2009 Recommendation: That the City Council authorized City support of this event to guard and protect the interests of the public in an amount not to exceed $3,200 and require the balance to be paid by the requesting party. B. Presentation of Community Survey Results for the Parks, Recreation, and General Facilities Master Plan At its regular meeting on October 14, 2008, City Council approved the issuance of a Request for Proposals for a Parks, Recreation, and General Facilities Master Plan. On December 16, 2008, City Council awarded the project contract to MIG, Inc. The project was started in January of this year and is scheduled to be concluded in September when a final Master Plan report will be presented to City Council. The completed Master Plan will include an inventory and assessment of existing facilities and programs, and recommendations for renovation, expansion, and improvement to meet community needs over the next 15 years. It will incorporate community input, should increase grant and other funding opportunities, and will establish specific goals for the enhancement of facilities and programs, including an overview of financial strategies to help achieve them. At this evening's meeting, representatives from MIG, Inc. will present the results of a variety of community surveys. This information will be used to develop the Master Plan in accordance with articulated community needs. Recommendation: No City Council action is required at this time. 6. MATTERS FROM MAYOR & CITY COUNCIL 7. ADJOURNMENT The next regular City Council meeting is scheduled to take place on August 25, 2009 at 7:00 p.m. Page 5 of 5