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CC - Item 5A - Minutes of February 10, 2015 Minutes of the City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting February 10, 2015 The meeting of the Rosemead City Council was called to order by Mayor Alarcon at 6:06 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Alarcon, Mayor Pro Tern Clark, Council Members Armenta, Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott, and City Clerk/Director of Communications Molleda. 1. DISCUSSION OF GRAFFITI REMOVAL PROCEDURES The City Council will conduct a study session workshop on the City's graffiti removal procedures. Assistance City Manager/Acting Public Works Director Hawkesworth reviewed a PowerPoint presentation, which is available on the City's website and the City Clerk's office. Council Member Armenta arrived to the City Council meeting at 6:11 p.m. Mayor Alarcon asked if there are specific houses that get graffiti often and does the City provide some type of assistance to abate the graffiti. Maintenance Lead Worker Jimmy Limon explained that the City has an adopt-a-wall program for residents. This allows residents and the City to share the graffiti responsibility and the City provides the residents with paint as they need it. Council Member Armenta stated that the adopt-a-wall program should be advertised more on the City website for residents. Council Member Ly stepped out of the City Council meeting at 6:22 p.m. and returned at 6:24 p.m. Assistant City Manager/Acting Public Works Director Hawkesworth stated that Southern California Edison also has a graffiti abatement hotline at: 866-421-4688, which will be posted on the City's website and social media outlets for the residents. Council Member Armenta asked if Caltrans has a hotline to graffiti abatement. Assistant City Manager/Acting Public Works Director Hawkesworth replied that Caltrans has a request system on their website. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 1 of 17 Item No. Council Member Armenta stated she accompanied staff member Thomas Mendillina to abate graffiti and get a better understanding of what they go through. She thanked Public Works Department for their commitment and work to abate graffiti. She inquired about a graffiti ordinance that had done to the Public Safety CONNECTIONS Forum. Ms. Armenta asked that the School Districts be notified of the graffiti ordinance so they notify their students. She thanked City Manager Allred for the graffiti ordinance and thanked the Public Works Team for their work in abating graffiti. Mayor Alarcon asked if the City communicates with neighboring cities about their graffiti abatement programs. Assistant City Manager/Acting Public Works Director Hawkesworth stated that on the 3rd Wednesday of every month, the Public Safety Team meets with schools and surrounding communities and share pictures to identify the kids or adults who are doing the graffiti. Council Member Ly agreed with Council Member Armenta regarding real way to solve the problem is to attack the root of cause. He asked what type of special coating is being utilized to deter graffiti. Mr. Ly stated that there has been a dramatic improvement to the graffiti abatement and commended staff. However, added that there are major commercial areas on Rosemead Boulevard, Valley Boulevard, and Garvey Avenue which still show chronic graffiti problems. Mr. Ly suggested that staff address higher areas where graffiti is located. Also suggested that the City create a policy or relationship with businesses where graffiti can be dealt with quickly to be more proactive. He suggested that staff provide more information about graffiti abatement to the residents at city events. Assistant City Manager/Acting Public Works Director Hawkesworth replied that the special coating that is used is Vitrocem on top of the paint which has been used on the Garvey Gym and aquatic facilities, which makes graffiti removal more feasible. Council Member Ly asked if it is possible to incorporate a requirement to use Vitrocem coating, as part of development projects. Also expressed concerns with etched windows on properties. Council Member Armenta asked if there was any way to have anti-graffiti awnings because there is a store that has an awning on Garvey Avenue and Willard Avenue that always has graffiti. Council Member Low thanked the Public Works Team for the work they do in the City. Asked if staff keeps track of the square footage on an annual basis and asked if there has been an increase or decrease on graffiti. City Manager Allred stated there has not been less graffiti, it has been a continuous ongoing problem but it is not lessening. Council Member Low asked what the average age of the taggers is. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10,2015 Page 2 of 17 Probation Officer Oscar Gutierrez replied that the average age is usually 13 years old to 21 years old. He stated that they have to go through archived pictures to identify any trends and share that with other agencies to try to located where the gang is coming from. He concluded that if taggers are caught, they will usually get probation and or have to pay restitution depending on the charges. Council Member Low stated that the punishment is conducted by the Courts and not by the city. She asked what measures the City can take to deter kids from tagging. Chief of Police/Lieutenant Somoano stated the City would only get involved when there is restitution and that the best hope is for a judge to convict or arrested the taggers and put them on probation. Probation Officer Gutierrez stated they talk to kids and schools and explained about graffiti and restitution punishment. Mayor Pro Tem Clark asked if staff could provide a cost benefit analysis of places that are repeated offenders. In addition, she asked if the City has the matching paint that is constantly used on specific places. Assistant City Manager/Acting Public Works Director Hawkesworth replied that staff has talked about having specialized paint for commercial buildings or asking businesses to have extra paint for their buildings. Regular Business Meeting Minutes The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Alarcon at 7:09 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Council Member Armenta INVOCATION: Council Member/Board Member Low PRESENT: Mayor/Chair Alarcon, Mayor Pro Tem/Vice-Chair Clark, Council Members/Board Members Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott. and City Clerk/Director of Communications Molleda. 2. PUBLIC COMMENTS FROM THE AUDIENCE William Lang - representing GLL Coach Incorporated expressed concerns with the tour buses not being allowed in public areas to pick up passengers. Mr. Lang stated that he was advised to obtain the proper permits and would like to work with the City in resolving this issue. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 3 of 17 City Manager Allred stated there is a process where a tour bus company wants to park in a private parking lot they have to apply with the Community Development Department. When an application is submitted, it is routed to different departments for recommendations; there have been applications that have been denied mainly because of the lack of the turning radius in the parking lot or unto the streets. Sarju Desai -owner of the Flamingo Inn stated that they have not had any issues in regards to the tour buses turning within the parking lot. He added that by denying the tour buses, revenue is being given to other surrounding cities. Mr. Desai stated that the City has taken picture from across the street and does not show the entire parking lot where the tour buses are parked. City Manager Allred stated that the city's ordinance does allow hotels to have buses pick up patrons from the hotels. However, the issue in the Flamingo Inn is in regards to storing buses, which is not allowed in the City. Council Member/Board Member Armenta asked Community Development Director Ramirez to speak on the issue. Community Development Director Ramirez explained that hotels and motels have a Conditional Use Permit and one of the conditions is that they do not have any type of storage. Code Enforcement Officers did go out to the Flamingo Inn and saw that Mr. Desai was storing buses on his site. He was then advised that he could not store buses on his premises. Council Member/Board Member Armenta asked if there are any loss revenues in regards to prohibiting tour buses. Community Development Director Ramirez explained that the bus companies pay the property owners to store their buses. The City does not get any revenue from any agreements between the tour bus companies and private property owners. Council Member/Board Member Ly asked what the neighboring cities are doing in regards to tour bus regulations. Community Development Director Ramirez stated that a survey has not been done recently; the last survey was that other cities were not allowing tour buses to go by. City Attorney Richman stated that the bus item is not on the agenda for discussion. Gary Express was called up to speak and was not in attendance. WP Coach LLC and DD Tours - representatives stated they are trying to make a business and want to follow the law, asked what can they do. Council Member/Board Member Armenta stated there is a problem when you are disrupting the residents' lives by parking on the streets. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10,2015 Page 4of17 Council Member/Board Member Low stated that it seems that the bus companies are trying to understand the process. City Manager Allred stated that when a bus company comes to City Hall to apply for a permit, they are given a form and the process is explained to them by staff, who speak many languages. Tang Travel Corporation - representative stated he understood the trash was a problem when passengers got picked up; however, asked how tour bus companies can resolve the issues. Mayor/Chair Alarcon advised Tang Travel Corporation to talk to staff and they would explain what he could do to apply for a permit. Summer Bai - representing U.S. Trip LLS, a travel company, stated they have stored their buses at the Flamingo Inn and understood it was a private property where they could store their buses. She expressed concerns with finding feasible locations to park their tour buses because it is not practical to store them where drivers have to drive far on a daily basis. City Manager Allred reiterated that bus storage is prohibited in the City's zoning code. Council Member/Board Member Low asked if there was any place in the city where tour bus companies can store buses. Community Development Director Ramirez replied no because it is against the City's zoning code. 3. PUBLIC HEARINGS A. The Five-Year Consolidated Plan and Fiscal Year 2015-16 Annual Action Plan Submission The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant (CDBG) and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan every five (5) years and an Action Plan must be completed annually. The City's current Consolidated Plan is set to expire on June 30, 2015. The Consolidated Plan is required to include an Annual Action Plan for the Fiscal Year period July 1, 2015 through June 30, 2016. The Action Plan includes a list of the activities the City will undertake to address priority needs and local objectives with anticipated program income and funds received during the next program year for meeting housing and community development objectives. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 5 of 17 Recommendation: That the City Council open the public hearing to take public testimony on the development of an updated Five-Year Consolidated Plan covering the period July 1, 2015—June 30, 2020 and Annual Action Plan covering the period July 1, 2015—June 30, 2016. No further City Council action is necessary. Community Development Director Ramirez reviewed the staff report. Mayor/Chair Alarcon opened the Public Hearing at 7:34 p.m. Karen Zepeda - recipient of Family Promise thanked the City for proving Family Promise with funding to allow families the opportunity to rehabilitate. Karen Roberson -of Family Promise thanked the City for their support and providing grants for the last two years, which has helped 19 families that have been in extreme crisis. Victoria Chaidez-of People for People thanked the City Council for their support as they have been able to provide food and services to over 127 households. Anne Palmer—of the Rio Hondo Community Development Corporation thanked the City Council for participating in affordable housing and helping low income families. Community Development Director Ramirez clarified that the Rio Hondo Community Development Corporation is funded through the HOME Fund program; they are a community Housing partner. The other organizations are funded through the Community Development Block Grant program under social services. Jennifer Clark-of the Santa Anita Family Services thanked the City Council for their ongoing support which has allowed Rosemead residents to obtain counseling services. Chancela Al-Mansour—of the Housing Rights Center thanked the City Council for their continued funding and stated that they have assisted over 100 Rosemead residents. Brian Lewin -suggest that the City Council considered providing general legal services for residents. He also suggested that run down homes be rehabilitated, which may result in less crime in those areas. Mr. Lewin suggested that there be Code Enforcement outreach to inform the businesses and residents about code enforcement issues. Lastly, he suggested that the City provide mental health services. Mayor/Chair Alarcon closed the Public Hearing Closed at 7:50 p.m. B. Extension of Urgency Ordinance No. 945 to Prohibit Issuance of any new Permit, License, Approval, or Entitlement Pertaining to New Massage Establishments or the Relocation of Massage Establishments On December 9, 2014, the City Council enacted Urgency Ordinance No. 945, which imposed a moratorium on the issuance of any permits, licenses, tax certificates, approvals, or entitlements for new massage establishments or the relocation of massage establishments Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 6 of 17 for a period of 45 days. During this 45-day period, staff and the City Attorney began the task of analyzing and interpreting AB 1147 ("Massage Therapy Act of 2014") to determine whether the City's current laws regarding massage establishments need to be amended to be consistent with the new law. AB 1147 went into effect on January 1, 2015. In summary, the bill authorizes the continuation of statewide voluntary certification for massage therapists by the California Massage Therapy Council and restores some renewed regulatory authority to local governments. However, the extent of this renewed regulatory authority is still being analyzed. Due to City staff and the City Attorney's on-going review of AB 1147, the limited 45-day period has not provided a sufficient amount of time to undertake a thorough assessment of the City's current massage ordinance and zoning regulations, to determine how they may need to be revised for compliance with AB 1147. Therefore, this warrants the City Council's consideration for the adoption of Urgency Interim Ordinance No. 946 to extend Urgency Ordinance No. 945 for a period of ten (10) months and fifteen (15)days. Recommendation: That the City Council: 1. Conduct the noticed public hearing and receive public comment, and 2. Adopt Urgency Ordinance, No. 946, and direct the City Attorney to read the Ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA EXTENDING THE PROVISIONS OF ORDINANCE NO. 945 FOR 10 MONTHS AND FIFTEEN DAYS TO CONTINUE THE MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF MASSAGE ESTABLISHMENTS FOR 10 MONTHS AND 15 DAYS Community Development Director Ramirez reviewed the staff report. Mayor Alarcon open the Public Hearing at 7:53 p.m.; there being no comments the Public Hearing was closed at 7:53 p.m. Council Member/Board Member Sandra Armenta made a motion, seconded by Council Member/Board Member Polly Low to adopt Urgency Ordinance, No. 946, and direct the City Attorney to read the Ordinance by title only. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None Abstain: None Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10,2015 Page 7 of 17 4. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2015—09 Recommendation: to approve Resolution No. 2015—09, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,424,695.37 NUMBERED 87504 THROUGH 87666 INCLUSIVELY • Resolution No. 2015— 03 Recommendation: to approve Resolution No. 2015—03, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $164,744.54 NUMBERED 10114 AND 10116 B. National League of Cities Congressional City Conference— March 7th— March 11th— Washington, DC The City Council will consider authorizing attendance at the National League of Cities Congressional City Conference in Washington, DC. Recommendation: That the City Council authorize attendance by any Council Member that wishes to attend the National League of Cities Congressional City Conference in Washington, DC, on March 7th— March 12th. C. Consideration to Cancel the March 10, 2015, City Council Meeting The City Council will consider action to cancel the March 10th City Council Meeting due to lack of quorum. Recommendation: That the City Council cancel the March 10, 2015, City Council Meeting. D. Approval of Undertaking Agreement for Parcel Map No. 70670— 3715 Ellis Lane The Undertaking Agreement for Parcel Map No. 70670 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10,2015 Page 8 of 17 Recommendation: That the City Council approve the Undertaking Agreement for Parcel Map No. 70670 and direct the City Clerk to arrange for the recordation of the map. E. Release of Bond—705 N. San Gabriel Boulevard On May 28, 1987 a Faithful Performance Bond and a Labor and Material Bond totaling $9,000 was required to guarantee miscellaneous public improvement work at 705 N. San Gabriel Boulevard. Upon completion of the project sometime after 1987, the Bond was not released. A request was received on January 28, 2015 to release the bond. Recommendation: That the City Council release the Bond to Sunshine Inn. F. Garvey Park Duff Field Renovations—Award of Contract— Fence Replacement and Site Work As a part of the City's Fiscal Year 2014-15 Capital Improvement Program, the City Council approved the "Garvey Park Duff Field Renovations" Project which includes the installation of new lighting, fencing, turf and miscellaneous site improvements to the west ball field at Garvey Park. The project consists of the addition of new sports lighting, replacement of the existing chain link fence and backstop, and improvements to the landscape, irrigation, and adjacent concrete sidewalk. The work at this facility will take place in three phases based on the distinct scopes of work and the specialties of the contractors required to complete the work. Recommendation: That the City Council 1. Approve the plans and specifications for the Garvey Park Duff Field Renovations Project; and 2.' Authorize the City Manager to enter into a contract with AZ Construction, Inc. in the amount of$79,361 for the Garvey Park Duff Field Renovations Project and authorize a contingency amount of$11,900 (approximately 15%) to cover the cost of any unforeseen construction expenses. G. Garvey Park Duff Field Renovations—Award of Contract— Lighting Installation As a part of the City's Fiscal Year 2014-15 Capital Improvement Program, the City Council approved the "Garvey Park Duff Field Renovations" Project which includes the installation of new lighting, fencing, turf and miscellaneous site improvements at the west ball field at Garvey Park. The project consists of the addition of new sports lighting, replacement of the existing chain link fence and backstop, and improvements to the landscape, irrigation, and adjacent concrete sidewalk. The work at this facility will take place in three phases based on the distinct scopes of work and the specialties of the contractors required to complete the work. This phase of work includes the installation and expansion of lighting on both the ball field and the multipurpose field. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 9 of 17 The lighting installation will be performed by Musco Lighting, which has been the exclusive provider of sports lighting to the City for several decades. Musco's proposal includes installation of twelve ball field light standards on six galvanized poles along the ball field and the multipurpose field. The project will achieve significant energy efficiencies, improved lighting controls, and include an extensive warranty and maintenance program for a period of twenty-five years. Recommendation: That the City Council: 1. Authorize the City Manager to enter into a professional service agreement with Musco Lighting as a sole source provider for the installation of sports lighting at Garvey Park Duff Field and multi-purpose field in an amount not to exceed $242,961. In addition, authorize a contingency amount of$24,500 (approximately 10%) to cover the cost of any unforeseen construction expenses. 2. Approve Resolution No. 2015- 10, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROPRIATING ADDITIONAL FUNDS FROM THE CITY'S STREET LIGHTING DISTRICT FUND FOR THE GARVEY PARK DUFF FIELD IMPROVEMENTS PROJECT — REPLACEMENT OF SPORTS LIGHTING Council Member/Board Member Steven Ly made a motion, seconded by Council Member/Board Member Sandra Armenta to approve the Consent Calendar. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None ff; Abstain: None ? :... '}• 5. MATTERS FROM CITY MANAGER& STAFF A. Shopping Cart Retrieval and Containment Ordinance Under Rosemead Municipal Code Section 9.12.080, the abandonment of a commercial shopping cart upon any public street, alley, sidewalk, public place or private property is prohibited. Despite this existing code section, the City's efforts of contracting with a shopping cart retrieval service, issuing administrative citations, and conditioning new businesses to require utilization of shopping cart containment mechanisms; there is still a significant problem of abandoned shopping carts within the City. On January 13, 2015 the City Council discussed various options and provided direction to staff on a draft ordinance. Based on the Council direction, Ordinance No. 947 has been prepared for consideration. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 10 of17 ormor • Recommendation: That the City Council introduce Ordinance No. 947, for first reading, and direct the City Attorney to read the Ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING CHAPTER 9.12.080 OF, AND ADDING PART 9.32 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO SHOPPING CART RETRIEVAL AND CONTAINMENT BY OWNERS Assistant City Manager/Acting Public Works Director Hawkesworth reviewed the staff report. Brian Lewin - suggested that definition of the wording that describes enforcement personnel should be clarified to mean that any individual authorized can enforce the Rosemead Municipal Code. City Attorney Richman asked staff if a Community Service Officer would be enforcing the ordinance. Assistant City Manager/Acting Public Works Director Hawkesworth stated in the case that a grocery store is being non-compliant; the issue will elevate higher to be handled by a Code Enforcement Officer. A Community Service Officer may issue a citation for taking a shopping carts off the premise. Brian Lewin —suggested that noticing to the customer may require all regulatory signage to be in multiple languages. Assistant City Manager/Acting Public Works Director Hawkesworth stated that the City is not required to have all regulatory signage translated in other languages. City Attorney Richman explained that according to State law you may have other languages displayed. There is nothing in the law that prohibits the City from adding other languages; however, you may not be able to fit all the information on the signage. Assistant City Manager/Acting Public Works Director Hawkesworth explained that the ultimate plan will have to go through the Community Development Department for approval. Council Member Sandra Armenta made a motion, seconded by Council Member Polly Low to introduce Ordinance No. 947, for its first reading. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None Abstain: None Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 11 of 17 B. Ordinance No. 948—Authorizing the City Engineer to Regulate Turn Movements In November 2014, the Traffic Commission reviewed concerns and inquiries regarding dangerous turn movements and the City's ability to regulate these turn movements for the purpose of traffic safety. Most specifically, the community voiced concerns regarding U- Turns being made midblock, as opposed to an intersection, and the safety hazards these turn movements create. California Vehicle Code, section 22103, allows the U-Turn movements to be made midblock, provided there are no oncoming vehicles within 200 feet. Although these movements are permissible in certain cases, the City does have the ability to regulate turn movements, for safety purposes, by way of ordinance. The Traffic Commission has recommended the introduction of an ordinance that would allow the City Engineer to regulate certain turn movements along specific segments of streets or at particular intersections. This Ordinance was first presented to the City Council on January 10, 2015 and at that time the Council expressed concern regarding the procedure and implementation of the ordinance, especially as related to public vetting and notification. Staff has revised the Ordinance and addressed the concerns of the Council by including Traffic Commission review and publishing the regulations prior to implementation. Recommendation: That the City Council introduce Ordinance No. 948, for first reading and direct the City Attorney to read the Ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING THE CITY ENGINEER TO REGULATE OR PROHIBIT ANY TURN MOVEMENT BY ANY VEHICLE AT ANY SPECIFIC INTERSECTION OR ALONG ANY SPECIFIC STREET SEGMENT WITHIN THE CITY LIMITS Acting Public Works Manager Sullivan reviewed the staff report. Mayor Pro Tern Clark asked if the recommendations will be going to the Traffic Commission and not to the City Council. City Attorney Richman stated that the City Engineer will make the recommendations and take them to the Traffic Commission for their input. Council Member Ly stated the Traffic Commission did not have any authority but rather the City Engineer will have the authority. Acting Public Works Manager Sullivan stated that the intention with the Traffic Commission is to provide a public forum and feedback. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 12of17 Council Member Sandra Armenta made a motion, seconded by Council Member Steven Ly to introduce Ordinance No. 948, for its first reading and direct the City Attorney to read the ordinance by title only. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None Abstain: None C. Urgency Ordinance No. 950—Authorizing the Collection of Attorneys' Fees in Actions to Abate a Public Nuisance The Rosemead Municipal Code currently identifies conditions that constitute public nuisances, and provides procedures for both the voluntary and summary abatement of such nuisances. California Government Code section 38773.5 authorizes the City to provide for the recovery of attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. As documented through past enforcement actions, nuisance abatement procedures can be time-consuming and result in significant costs to the City. In order to ensure that the City is able to recoup as much of its costs as possible in future successful nuisance abatement proceedings, it is necessary for the City to adopt a procedure in accordance with Government Code section 38773.5 that authorizes the prevailing party to recover attorneys' fees. The public health, safety, and welfare further requires that this Ordinance be enacted as an urgency ordinance to safeguard the orderly administrative operations of the City and reduce financial impacts that may otherwise arise out of nuisance abatement actions that are anticipated in the near future. Recommendation: That the City Council approve Ordinance No. 950, and direct the City Attorney to read the Ordinance by title only. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA ADDING SECTION 1.16.040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF ATTORNEYS' FEES IN ACTIONS TO ABATE A PUBLIC NUISANCE City Attorney Richman reviewed the staff report. Council Member Polly Low made a motion, seconded by Council Member Steven Ly to approve Ordinance No. 950. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 13 of 17 Absent: None Abstain: None D. Mid-Year Budget Update and 2015-16 Outlook The Council will be provided with a mid-year Budget update presentation regarding status of the current 2014-15 fiscal year Budget along with a brief look towards the upcoming fiscal year. Recommendation: That the City Council receive and file the mid-year budget update report. Acting Finance Director Chu reviewed the staff report and presented a power point presentation which is available in City Clerk's office and the City website. Council MemberArmenta asked staff to explain the current CaIPERS rates. Assistant City Manager/Acting Public Works Director Hawkesworth explained that CaIPERS has the unfunded liability and the current liability, which they would allocate a percentage that every agency would have to pay. Now, CaIPERS has taken the unfunded liability and allocated to a fund, which each agency is responsible to pay in hard dollar cost over a period. However, the current liability is still based on percentage cost. City Manager Allred mentioned that the gas tax revenue has decreases and may impact services such as street sweeping. Council Member Armenta stated that the vehicle registration fees are going to increase and asked if the City will see any money from those fees. Assistant City Manager/Acting Public Works Director Hawkesworth explained that there is a propose bill to implement a vehicle user fee but staff does not know how that money will be distributed Council Member Ly suggested that there be a strategic budget plan to plan for a longer term to balance the budget. He asked what the City wants to see in the next ten year in regards to services and how those services are going to be paid. City Manager Allred stated that the Mid-Year Budget Update item was on the agenda to show some of the challenges the City currently has. Mayor Pro Tern Clark requested a copy of the Mid-Year Budget Update presentation. 6. MATTERS FROM MAYOR& CITY COUNCIL Council Member Low inquired about the status of the Moon Festival because she was contacted by the group Sang Tao. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 14 of 17 City Manager Allred stated that the Moon Festival occurs in the next fiscal year and staff is looking for funds in the budget to make that event happen. Council Member Low asked if the project at Walnut Grove Avenue will result in lose of a lane with the new center median. City Manager Allred explained the project at Walnut Grove Avenue is part of the Safe Routes to School Project in which medians are being installed between Marshall Avenue and Valley Boulevard. There will be two lanes in each direction and parking along the east side of Walnut Grove Avenue, but no parking allowed on the west side. Council Member Low asked about the status of the Rosemead Community Recreation Center renovation. Parks and Recreation Director Montgomery-Scott explained that the Rosemead Community Recreation Center renovation project is currently on the works and hopes to be completed by sometime in April. All internal functions of the center are operating with the exception of the kitchen. The contractor is still receiving materials for the external facade, the landscape, and cement portions that will be replace. Assistant City Manager/Acting Public Works Director Hawkesworth stated that the contractor will be demoing the concrete from the entrance of the building and the Rosemead Community Recreation Center will have a temporary entrance. Mayor Pro Tern Clark asked if the main room partition was replaced. Parks and Recreation Director Montgomery-Scott explained that the partition was removed because it was old and it was rarely used to host two separate events. Mayor Pro Tern Clark invited the City Council to the Southern California Association of Governments 50th Anniversary on May 7th. Council Member Armenta invited the public to the Beautification's "Clean Up Day" event on February 21st. Ms. Armenta asked that staff use the official city emblem when representing the City. Commended Acting Public Works Manager Sullivan for addressing a residents concern on a trapped kitten inside a wash basin. Council Member Ly congratulated Public Works department for their new maintenance yard. Asked staff when the team will move to the new maintenance yard and renovate the old facility. City Manager Allred stated the maintenance yard is not in turn key operation. The office structure needs to be gutted and rebuilt and will take a few months to get some work done. Council Member Ly asked about the status of the Jay Imperial Park and asked if there will be a monument dedicated. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10, 2015 Page 15 of 17 1 Parks and Recreation Director Montgomery-Scott replied that staff is set to meet the architect and representative from Southern California Edison and finalize the application. He explained that the only existing fence will remain on the north and south side of the park near residential area. Council Member Armenta asked if there were any traffic calming measures on Pine Street because there are concerns with speeding cars. Parks and Recreation Director Montgomery-Scott explained that staff has made some evaluations and there will be a cross walk placed and some narrowing of some lanes. Council Member Ly requested that Code Enforcement Officers conduct spot checking periodically of some businesses to make sure that they are complying and conducting legal business. 7. ADJOURNMENT '` -r: ff The meeting adjourned at 8:56 p.m. The next regular City Council meeting is scheduled to take place on February 24, 2015 at 7:00 p.m. in the Rosemead City Hall Council Chamber. 'rr rrrr. Margaret Clai* Mayor ATTEST: •f�frfr:. •:r}:s{•:. • ..ff:J:'Y :J• Gloria Molleda '• City Clerk Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of February 10,2015 Page 16 of 17