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Item 4B - Minutes of December 9, 2014 MINUTES OF THE ROSEMEAD CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING DECEMBER 9,2014 The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor/Chair Alarcon at 6:06 p,m,in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor/Chair Alarcon, Mayor Pro TemNice-Chair Clark, Council Members/Board Members Low and Ly 1. WORKSHOP A. Concept Presentation—Proposed 21-Unit Residential Project(Portion of Don Bosco Technical Institute) City Manager Jeff Allred reviewed the staff report advising the Olson Company was proposing a 21-unit residential project on a portion of the property owned by Don Bosco Tech. He advised this is an informational session. John Reischl—Director of Development with the Olson Companyand project manager for this community thanked Ms. Ramirez and Ms Ttlentt for their assistance with this project. He provided the City Council with background information on the Olson Company. Mr. Reischl advised the site is 1.92 acres of the Don Bosco Technical Institute property located at the terminus of Orange Street just off of Orange Avenue. It is currently zoned for planned development and the General Plan designation is for public facilities. Mr. Reischl stated they are proposing 21 single-family detached homes, ranging in size from over 1,500 square feet to over 1,700 square feet. Mr Reischl presented a PowerPpint presentation discussing the outreach that was conducted and the comments received from the surrounding community. One of the main concerns received from the community was the entry off of Orange and the associated parking and traffic impact the community perceives may come fron the development. There was also some privacy issue concerns from the residents who had their backyards on the western property line of the development because the proposal is for two- story homes. He explained the mitigation measures they have done to address the community's concerns. The entry has been widened to 25 feet and the privacy issues were addressed by removing the second story windows facing the backyard,or to add high privacy windows so they won't have any one peering into their rear yards. He added that although there is no requirement for guest parking, they were adding ten guest parking spaces and six of the units would have driveways capable of accommodating two additional cars. The CC&R's for the community states the residents must park in their garages; they cannot use their garages for storage and use the guest spaces for parking. He discussed the traffic impact study that would be completed as part of the entitlement process, however, he thought the traffic impacts would be negligible. He displayed some of the developments the Olson Company has constructed in other communities and offered to answer any questions. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 1 of 16 ITEM NO. 4.B Council Member Ly thought the project was nice but expressed concerns about the project being close to a proposed station stop for the Gold Line East side extension, if that is aligned. He asked if this was the best use of space in terms of having a station there as opposed to synergizing that parcel with a post station stop to minimize the impact of parking and traffic. Council Member/Board Member Low asked if the City had enough infrastructure in that area to support the number of homes. Assosiate Planner Lily Trinh responded that those questions would be determined through the environmental review process where all of the studies will be performed. Council Member/Board Member Low would like a confirmation that only six homes will have driveways and the remaining homes will only have garages. John Reischl—replied to Council Member Low that her statement is correct and that every home will have an attached two car garage.The remaining 15 homes that do not have a driveway will have an additional ten guest parking spaces. Thereafter followed a brief discussion as to guest parking. City Manager Allred asked about the status of the Olson Company's community outreach. John Reischl—stated the company is currently working with a few residents who still have concems about the entry being off Orange Avenue. In terms of parking and tráffie and he felt they will be able to accommodate the residents. Council Member/Board Member Ly asked for staffs thoughts on the 21-Unit Residential Project. Community Development Director Michelle Ramirez responded indicating staff found the project to be attractive and probably the best use of the site because of it being landlocked and the inability to use it for anything else. She said the project fits in with the community of single family homes that surround it and it also fits in with the nature of the PD that Planning has so staff is very happy with the project although they have not seen the plans. Mayor Alarcon.asked Mr. Reischl if their project in San Gabriel was going forward. John Reischl-replied that is the Mission Walk Community and it is moving forward. Mayor Alarcon asked the time frame and completion date for this project. John Reischl—anticipated it taking a year and a half. Depending on sales, the completion date could be sooner. Ed Gaviton, Chairman of the Board of Trustees for Bosco Tech High School stated they are very pleased with the project and quite pleased with the responses received from The Olson Company. Mr. Gaviton showed Council Member Low where the parcel was located on the map and what surrounded the parcel. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 2 of 16 Council Member/Board Member Armenta arrived at 6:29 p.m. Brian Lewin—stated hie was happy to see a sidewalk was going to be built on Orange and expressed concern that because most of the homes will not have driveways, it will create some serious parking issues on Orange Street and Lawrence Avenue. City Manager Allred asked Mr. Reischl to explain how the CC&Rs requiring the residents to park their cars in their garages was going to be enforced. John Reischl—replied the HOA will be responsible to issue fines to the homeowners who are not parking in their garages and their company will work with the HOA to insure they are enforcing that rule. Council Member/Board Member Low agreed that without the driveway there is a loss of two additional parking spaces. Her concern was that many families have more than two drivers in the household and parking will become a problem. Council Member/Board Member Ly asked staff to provide information on the public transit options in that area and to find out the distance between the project and the transportation facility. Council Member/Board Member Armenta echoed Council Members Ly's and Low's concerns with the parking and asked if any any of the open space could be some type of parking. John Reischl—replied that there is the possibility of additional parking spaces at the end of the open space, However, the parking conditionsand-restrictions will be explained to home buyers by the company's sales counselors. The home buyers will be first-time homebuyers, professionals,singles, couples and perhaps young families, and that will be a decision the homebuyers will make when they look to buy in the project. City Attorney Richman advised there is no action to be taken,the company received comments from Council, and that will be useful to them whenever they decide to come back and submit. Mr. Reischl thanked the City Council forgiving them the opportunity to present the Information to the Council. Council Member Ly asked the meeting be recessed until the 7:00 pm regular meeting. Mayor Alarcon recessed the meeting at 6:37 p.m. Regular Business Meeting 7:00 p.m. The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was reconvened by Mayor Alarcon at 7:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE—Mayor/Chair Alarcon INVOCATION: Mayor Pro TemNice-Chair Clark Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 3of 16 PRESENT: Mayor/Chair Alarcon, Mayor Pro Tem/Vice-Chair Clark, Council Members/Board Members Armenta, Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery-Scott,Acting Finance Director Chu, and City Clerk/Director of Communications Molleda. City Manager Allred advised that an item has come up that is not on the agenda;it is a video presentation from Rosemead High School and will be presented by the Principal Brian Bristol. Brian Bristol—presented a musical video made by the students at Rosemead High School expressing their love for the City. He thanked the City Council for allowing the video to be shown, It is an opportunity to brand Rosemead High School. He announced the video can be viewed on YouTube under the title I Love Rosemead. Mr. Bristol also acknowledged Eric Burges who helped put the video together. School Board Member Padilla—expressed his appreciation for allowing the Dr. Bristol to showcase the video. He also publicly apologized on behalf of the El Monte School District In failing to send invitations for their District's promotions. 1. PUBLIC COMMENTS FROM THE AUDIENCE Gilbert Quiroz—expressed his gratitude to the City Council on behalf of the Latino Club for allowing them to use Garvey Center during the renovation of their former location on Muscatel. He stated that the Latino Club originally wanted to return to their location on Muscatel;and were told they could; however, there were several obstacles such as.no kitchen,no water, and no bingo board. He advised Council the members of the Club decided to stay at the Garvey Park Center. He also expressed his thankfulness that the tour buses are still able to pick up their club members. Council Member/Board MemberAirnenta asked the City Manager why the City's senior clubs are an exception to the tour bus-restrictions. City Manager Allred explained that the ordinance in effect allows community excursions to occur on City property. Council Member/Board Member Ly explained to Mr. Quiroz that the reason construction is taking so long is because the State reduced the City's funding and the City only recently got the funds back. Mr. Ly also mentioned that the Latino Club always has the option to relocate to their previous location once the construction is complete. Velia Nevarro—expressed her concerns about a neighbor setting barbedwire on top of his brick wall and asked if it is allowed in the City. City Manager Allred answered that any new installation of barbedwire is prohibited by ordinance and reassured Ms. Nevarro that the City will investigate and make the owner take it down. Rosemead City Council and the SuccessorAgency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 4 of 16 James Hankins—stated there is a clutter condition on his neighbor's property that has been going on for some time. He advised he has talked with Lt. Somoano and shown him photographs. He explained the situation has worsened, noting a couple of incidences where they poured oil in the gutter. He has had trouble selling his home because of the problem. City Manager Allred advised the City Council that Code Enforcement will look at this first thing tomorrow morning. At the request of Mayor Pro Tern Clark, Lt. Somoano provided the phone number to call Public Safety for these types of issues. Janice Quan- spoke on behalf of Metro and presented an update on the State Route 710 Study announcing the anticipation of the release of the draft environmental impact study report in early 2015. She emphasized that Metro and Caltrans are studying five alternatives for improvement on the mobility for this area advising Council of the options. She emphasized a decision has not yet been made. She encouraged the public to participate in the 90 day comment period as well as the two public hearings, if there are any comments or questions. She provided the City Clerk with post cards containing all the information. City Attorney Richman indicated that the following speaker will be speaking about a personnel matter and asked the Council Members not to engage in discussions on a personnel matter. Javier Casas—an employee with the City for 15 years stated he resigned from his position as Parks and Recreation Coordinator on November 12,2014 to pursue other things. He stated that the City and City Manager were nice enough to provide him with medical leave until December 31, 2014. Since then he has been diagnosed with reactive airway disease in his lungs and asked for an extension of sick leave until the time he accumulated runs out. City Attorney Richman reiterated that there will be no discussion at this time because it is a personnel matter. 3. PUBLIC HEARINGS A. ,. Municipal Code Amendment 14-01 —An Ordinance Amending the Zoning Code to Comply with newly established Federal Communication Commission ("FCC") Regulations for the Development of Wireless Telecommunications Facilities in the City of Rosemead Recommendation: That the City Council take the following actions: (1) Conduct the noticed public hearing and receive public comment; and (2) Introduce for first reading, by title only, Ordinance No. 944,entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,AMENDING TITLE 17 "ZONING" OF THE CITY'S MUNICIPAL CODE BY AMENDING CHAPTER 17.54 FOR THE PURPOSE OF COMPLIANCE WITH FEDERALLY MANDATED CHANGES TO PROCEDURES AND STANDARDS GOVERNING THE COLLOCATION OF WIRELESS TELECOMMUNICATION FACILITIES Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page5 of 16 Community Development Director Ramirez reviewed the staff report stating this is a City-initiated amendment that proposes to amend Chapter 17.54 Wireless Telecommunication Facilities of the Zoning Ordinance to comply with newly established Federal Communication Commission regulations for the collocation of wireless telecommunication facilities in the City of Rosemead. The Planning Commission adopted Resolution No. 14- 16 recommending The City Council adopt Ordinance No. 944 with two minor modifications. The two minor modifications included a spelling correction and correction of the numbering of one of the subsections. She noted the item would be brought back on January 13, 2015 for consideration of adoption by second reading. Mayor/Chair Alarcon opened the public hearing at 7:33 p.m. there being no comments from the public the public hearing was closed at 7:33 p.m. ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member Low,to introduce for first reading, Ordinance No.944 and directed the City Attorney to read the title thereof. City Attorney Richman read the title of Ordinance 944 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,CALIFORNIA,AMENDING TITLE 17 "ZONING" OF THE CITY'S MUNICIPAL CODE BY AMENDING CHAPTER 17.54 FOR THE PURPOSE OF COMPLIANCE WITH FEDERALLY MANDATED CHANGES TO PROCEDURES AND STANDARDS GOVERNING THE COLLOCATION OF WIRELESS TELECOMMUNICATION FACILITIES The motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta, Clark, Low, Ly B. Proposed 45 Day Interim Moratorium on Massage Establishments Recommendation: That the City Council adopt Urgency Ordinance Na 945, entitled:AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,ADOPTING A CITYWIDE 45-DAY MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF MASSAGE ESTABLISHMENTS Community Development Director Ramirez reviewed the staff report indicating that the State passed Senate Bill 731 in 2008 which established a state-wide standard for massage certifications and limited the ability of cities to regulate the existence of massage establishments in their jurisdictions. SB 731 was censored on January 1, 2014 and was replaced by Assembly Bill 1147 otherwise known as the Massage Therapy Act of 2014. At this time staff and the City Attorney's office have not had enough time to thoroughly analyze AB 1147 and its consistency with the City's current massage regulations to determine whether the City's current laws need to be amended. Since this is the last City Council meeting of the calendar year, it is recommended the City Council adopt a 45-day interim moratorium on massage establishments which is subject to a four- fifths approval with an effective date of January 1, 2015. If adopted, Urgency Ordinance 945 would temporarily suspend the issuance of any permits, licenses, past certificate approvals or entitlements for new massage establishments or the relocation of massage establishments as defined in the Rosemead Municipal Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 6 of 16 Code, Chapter 5.24 for a period of 45 days beginning January 1, 2015. She advised if the 45-day period is not enough time for staff and the City attorneys office to fully analyze AB 1147 and its consistency with the City's current massage regulations, then staff can request an extension of the interim ordinance at the February 10, 2015 City Council meeting, Council Member/Board Member Armenia suggested staff look into the window dressing and the neon signs of the massage establishments. Ms.Armenia stated there is no need for heavily draped windows. Mayor/Chair Alarcon opened the public hearing at 7:38 p.m. Brian Lewin—concurred with Council Member Armenta's request about the open storefronts. He has seen massage places that actually have open store fronts so he knows it can be donee Mr. Lewin asked that the same regulations placed on regular businesses in terms of window dressings be enforced on the massage establishments. Council Member/Board Member Amienta mentioned that some of the massage padors were opened after 10:00 p.m. Mayor/Chair Alarcon closed the public hearing at 7:39 p.m. ACTION: Moved by Council Member/Board Member Armenia, and seconded by Mayor Pro Tern Clark,to approve Urgency Ordinance No. 945. City Attorney Richman read the title of Ordinance 945 into the record: : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,ADOPTING A CITYWIDE 45-DAY MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE,APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF'MASSAGE ESTABLISHMENTS The motion unanimously carried by the following vote: AYES: Alarcon,Armenta,Clark, Low, Ly 4. CONSENT CALENDAR A. Minutes October 14, 2014—Regular Minutes B. Claims and Demands • Resolution No.2014—59 Recommendation: to approve Resolution No. 2014—59,entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$752,476,296 NUMBERED 86839 THROUGH 86991 INCLUSIVELY Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 7of16 • Resolution No.2014—60 Recommendation: to approve Resolution No. 2014—60, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF 51,422,557.02 NUMBERED 86992 THROUGH 87132 INCLUSIVELY • Resolution No.2014—22 Recommendation: to approve Resolution No. 2014—22, 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 53,732.17 NUMBERED 10103 THROUGH 10104 INCLUSIVELY • Resolution No.2014—23 Recommendation: to approve Resolution No 2014—23,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 $249,031.58 NUMBERED 10105 THROUGH 10106 INCLUSIVELY • Resolution No.2014-07 Recommendation:to approve Resolution No. 2014—07,entitled:A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$2,000 NUMBERED 1567 C. Request to Install Parking Restrictions—Earle Avenue and Marshall Street Recommendation: That the City Council approve the Traffic Commission's recommendation to install approximately 10 feet of red curbing along the southwest and southeast corners of Earle Avenue at Marshall Street. ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board MemberArmenta,to approve the Consent Calendar.The motion unanimously carried by the following vote: AYES: Alarcon,Armenta, Clark, Low, Ly 5. MATTERS FROM CITY MANAGER&STAFF A. Update on Skate Plaza Development Recommendation: No action is required. This is a receive and file item. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 8 of 16 Assistant City Manager Hawkesworth reviewed the staff report stating staff was continuing discussions with the Street League Foundation and their partner California Skateparks to work out an agreement so the Foundation can be a key partner and help with some of the funding. Mr. Hawkesworth said staff hoped to have a contract back to Council for consideration in January. Council Member/Board Member Ly referred to the staff report where it stated that this item needed the Oversight Board's approval and asked what factors determine bringing the matter back in January or February. Assistant City Manager Hawkesworth explained that it is difficult to obtain a quorum for an Oversight Board meeting, so staff will do its best to convene a meeting, even if it is a special meeting. Council Member/Board Member Low asked if there will be any problem using redevelopment agency bond proceeds since the skate park was not included in the original bond proceeds budget. Assistant City Manager Hawkesworth stated that staff did not believe there would be any problems because improvements to Rosemead Park was part of the original project scope and since the skate park is an improvement at Rosemead Park, it falls within the scope. The City Attorney confirmed she did not believe there was an issue. Tracy Loa—expressed her concern about adding a skate park in Rosemead Park. She was afraid that it would change the atmosphere.She mentioned some of the activities that are held in the park, such as Tai Chi,dance classes, volleyball and walkers. She asked if the skate park can be moved to a different park or a different area because of the noise factor and distractions. Ms. Loa presented a petition that included 375 signatures of individuals who do not want a skate park in Rosemead Park. Barbara Murphy agreed with Ms. Loa and clarified that the individuals who signed the petition do not want a skate park or plaza in Rosemead Park...She implored the City Council to direct staff to find a different location for the skate park. Council Member/Board Member Ly verified there is no action required on this item. Council Member/Board Member Low stated that because there are residents who have concerns, she felt it would be fair to look at other locations before making a decision. Council Member/Board Member Ly reminded the City Council that when Council first had this discussion, the proposed skate park was going to be here at the Civic Center and since it would not work here,other locations were looked at. He added that it is known the City is park deficient so the City has to make the best use of what it has and to make sure that everyone knows the space the City has must be shared, whether we like it or not. He confirmed with the City Manager that during the day when the children are in school, the skate park can be used for other activities. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 9 of 16 City Manager Allred confirmed that if the skate plaza is constructed, it would be reserved for activities during the morning hours for Tai Chi or exercise and used for skate activities in the afternoons and evenings. B. Amendments to Municipal Code Relative to Private Bus Loading and Unloading of Passengers on Private Properties and Parking Displacement on City Streets by Bus Patrons Recommendation: That the City Council introduce for first reading, by title only, Ordinance No. 948, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,CALIFORNIA AMENDING SUBSECTION 10.24.030 TO CHAPTER 10.24 OF THE:ROSEMEAD MUNICIPAL CODE TO PROHIBIT PRIVATE BUSES FROM LOADING AND UNLOADING PASSENGERS ON PRIVATE PROPERTY City Manager Allred reviewed the staff report advising the City Council, on October 28,2014, the Council discussed the impacts of the private bus patrons parking on City streets during long periods of time resulting in parking space displacement and other adverse acts such as late hour noise and litter in adjacent neighborhoods. At that time, the Council directed staff to prepare an ordinance for consideration to mitigate these adverse parking impact conditions. The City Council will consider the introduction of an ordinance that will remove existing provisions in the Code that enable agreements between private bus operators and private property owners for the loading and unloading of patrons and to make such provisions prohibited under the new Municipal Code. Murry Fisher—on behalf of his clients, the owners of 8928 E. Valley;Boulevard and the two bus operators, Ocean Flyaway and Gary Express discussed the implications of introducing an ordinance which supersedes the recently adopted Ordinance which accommodates private buses coming into Rosemead to load and unload passengers on private properties. He respectfully requested the City Council not amend the Code by approving the proposed Ordinance because it will remove an important function that the private buses provide for the residents of the City. He noted that repealing Ordinance No 943 will not advance the public health, safety and welfare of Rosemead, but will interfere with transportation needs of many Rosemead residents. He noted that Ocean Flyaway and Gary Express have indicated that the majority of the users of their private buses are Rosemead residents,particularly those that are seniors. The private buses provide Rosemead citizens with a safe service that allows them to participate in recreational activities. He continued to advise Council of the restrictions:that will be placed on the seniors by the adoption of Ordinance No 948. Mr. Fisher stated the buses go through safety inspection measures, the drivers are licensed and a logbook is maintained detailing the condition of the buses. He addressed regulations from the California Vehicle Code stating the City cannot prohibit these buses from traveling along the City's streets. Mr. Fisher then presented the City Council with 163 petitions. In addition, the bus companies provide their patrons with flyers that states patrons are not allowed to park on any residential streets. He presented Council with a diagram showing where the buses park, where the patrons' park,the trash receptacles that are on site and the waiting areas for the patrons. He asked Council to consider not imposing this ordinance but instead to work out any complaints the City has with the bus companies who are willing to meet with anyone the Council wishes to resolve these issues. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 10 of 16 Council Member/Board Member Armenta questioned Mr. Fisher about his statement of private buses and their safety measures. She asked who the bus company was that hit a City's fire hydrant and caused $16,000 worth of damage. Murry Fisher—explained that it was not these two bus companies but another bus company that parks at another location. Council Member/Board Member Armenia stated that was one of the experiences the City has had, indicating that Mr. Fisher's statement that the buses do not affect the community or the residents is incorrect. She advised Mr. Fisher he needs to learn of all the things that have happened in the City and all of the complaints the City has received from residents. She asked why the property owners don't allow the buses to park on their property. Community Development Director Michelle Ramirez intervened expressing her surprise, stating this is the first staff has heard about the buses being allowed to park on the property. She advised that she personally spoke with Mr. Ta, the gentleman who is holding the site plan, and he told her he would not allow people to park on the property. Murry Fisher— stated that Mr. Ta has provided for 88 on-site parking spaces. Mr. Murry stated that they are willing to sign an affidavit and are also willing to incorporate language in any license that statesthey will maintain 88 parking spaces on site at all times for anybody that need to park on site. He emphasized their willingness to work out any of the issues. City Attorney Richman interrupted and explained that there are several people waiting to speak who should be given the opportunity to speak. She sated that if there were any questions, those could be taken up after. Council Member/Board Member Low asked Mr. Fisher if the flyers he provided to Council have already been distributed or will be distributed. Murry Fisher—replied that these flyers were distributed once they learned of the complaints. He added they were also going to take out an ad in the local newspaper that the patrons are not to park on private streets. He clarified that these notices have only been used for a week. He also mentioned that the notices will be translated in all languages that they service, and he was willing to accept that as a condition as far as licensing. Molena Mees—spoke on behalf of her father who does not speak English. She stated he would like to keep the operation of the private buses in order to provide better transportation, safety and security. Melida Su—explained that the private buses are convenient for her to go to work and to the casinos. Miguel Chavez— explained that he works with individuals with special needs and would like to know what the requirements or restrictions are for him to provide van transportation for them on weekends to take them on outings. He was advised to go to City Hall so staff can talk to him. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 11 of 16 Sara Delen—on behlaf of Double Hi Express explained the inmportance of their service to the residents who need transportation. She went on to explain that Double Hi Express provides service to retirees, the elderly and other members of the public. She further explained the benefits their patrons receive from using Double Hi Express. Sara Delen— In response to Council Member/Board Member Armenta asking if Double Hi was responsible for the damage to the fire hydrant that cost the City $16,000, replied that it was. Thereafter followed a discussion between Ms. Delen and Council Member/Board Member Armenta regarding the effect the bus accident had on the City. Fazloolah Bizdami—expressed his concern regarding his parents who live in Rosemead. His parents do not drive and depend on the private bus transportation to provide mobility for them since he lives too far away to take them places during the week. Jacky Tuven—spoke on behalf of Gary Express'operations. Gary's Express has been operating in Rosemead since its inception in 2003. She advised that the company's focus is on safety.Their buses are inspected by the manufacturers and they are required by the Public Utilities Commission to have an inspection every 45 days. She indicated their buses are inspected every 35 days. Their drivers are all qualified and have gone through the Department of Transportaion (DOT)program. They keep daily logs and buy the best tires. She explained the unique situations of some of their customers stating the buses provide them with companionship and the ability for entertainment Ms.Tuyen added that a couple of her customers were present and would like to address the Council but do not speak English so she would try to translate on their behalf. Several members of the audience approached the dais allowing Ms. Tuyen to ask the City Council to reconsider allowing the private bus companies to continue to operate in Rosemead and they will continue to work with the City to follow all of the laws. A discussion between Council Member/Board Member Armenta and Ms. Tuyen ensued regarding the letter Gary Express provided stating the company could use property other than what the business license allowed the company to use for pick-up and delivery of the patrons. Council Member/Board Member Low suggested to the Mayor that this subject has already been discussed and she felt it was lime to move forward and determine what the Council was going to do from this point forward. She suggested to Council that the focus should be on the new information that the property owner would allow the buses to park on its property and if that was enough space to accommodate the riders. Council Member/Board Member Armenta disagreed expressing her frustration with the bus companies not providing accurate information and why the City is where it is in terms of allowing this service to go forward. She felt it was only fair to the residents as well as staff who has worked very hard to accommodate this service. She noted the City Council is willing to compromise if property owners are willing to provide parking for the buses and the patrons. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 12 of 16 Mayor Pro Tem Clark agreed with Council Member Armenta and asked Community Development Director Ramirez to explain the situation regarding the letter Council Member Armenia previously referred to. Community Development Director Ramirez explained Gary Express was one of the first ones to submit for the property they are currently using. Peter Ta, who was in escrow to purchase the property had signed a letter saying that he owned the property and entered into a contract with Gary Express. The Management Analyst was in the process of approving the property when it came to light that Mr.Ta did not own the property yet and Gary's express could not use the letter. Staff contacted Gary's Express and told them they could not use that property and they could not use the letter. They then proceeded to park at the Jack-in- the-Box on Garvey and when they were going to be cited by Code Enforcement they produced the letter stating they had the authority to park at that location which they did not have. Community Development Director Ramirez suggested the City Council approve the ordinance as is with the three bus companies. Before staff brings the ordinance back for the next reading, staff can have a discussion with the three bus companies to determine what the bus companies are willing to do and come back with a solution for these three bus companies to continue to operate until their licenses expire and then just not renew their licenses. Mayor Pro Tern Clark clarified that regardless of the action Council takes tonight, the bus companies can continue to operate until September. City Attorney Richman stated the ordinance doesn't address whet the City is doing for the existing business licenses so when it goes into effect the City needs to decide how they want to proceed with the three business licenses that are currently issued. Community Development.Director Ramirez confirmed that all three business licenses expire September 30, 2015 adding the City can revocate or terminate their license through a hearing process, if they begin violating procedures. Council Member/Board Member Ly discussed the unintended consequences of adopting the ordinance and requested the item be tabled and allow staff to continue to work on the ordinance to minimize, as much as possible, all of the unintended consequences, and have an ordinance that is satisfactory for everyone to live with. Council Member/Board Member'Armenta suggested the property owners allow the bus patrons to park on their property to minimize the complaints. City Attomey Richman stated that was great direction and staff would also need to look into the pre-existing uses that have their own parking requirements to make sure parking was not being taken away from a parking demand that is already required for that use. Thereafter council briefly discussed a system for assigned parking for the bus patrons. ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member Low, to table this item for further review and direct staff to continue working with all parties to Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 13 of 16 mitigate the problems along the major commercial corridors. The motion unanimously carried by the following vote: AYES: Alarcon,Armenta, Clark, Low, Ly Mayor Alarcon recessed the meeting at 8:50 p.m. and reconvened at 8:58 p.m. 6. MATTERS FROM MAYOR&CITY COUNCIL A. Amendments to Preliminary Review Process for Administrative Citations Recommendation: That the City Council adopt Ordinance No. 947,entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS City Manager Allred reviewed the staff report indicating, at Council's direction, staff has drafted Ordinance No 947 expanding the scope of the preliminary review process,enabling recipients of administrative citations an opportunity to provide timely preliminary review to consider factual disputes or other extenuating circumstances. Council Member/Board Member Ly asked about the concerns expressed by the City Attoney Richman at the workshop pertaining to the role of the City Council with judicial processes in terms of citations. City Manager Allred explained that due to those concerns the proposed amendments do not involve the Council instead it involves the City Manager or designee. ACTION: Moved by Council Member/Board Member Low, and seconded by Mayor Pro TemNice Chair Margaret Clark,to introduce for first reading of Ordinance No. 947. City Attorney Richman read the title of the ordinance into the record as follows: ORDINANCE NO.947,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS The motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta, Clark, Low, Ly. B. Professional Services Agreement with Englander,Knabe&Allen, LLC --Extension of the 710 Freeway Recommendation: That the City Council authorize the City Manager to execute an agreement with Englander, Knabe&Allen, LLC for professional services related to the 710 Freeway extension in an amount not to exceed$18,750. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09,2014 Page 14 of 16 City Manager Allred reviewed the staff report advising the agreement is for professional services regarding the extension of the 710 freeway. He explained the City is part of a coalition of cities that are retaining this firm to provide services toward the effort to complete the freeway. The City's cost is$18,750 that will be taken from Measure R funds which is equal to the amount the Council has authorized toward the SR 60 Coalition. In response to a question posed by Council Member/Board Member Low, City Manager Allred replied that each city is paying different amounts. Brian Lewin—brought to the City Council's attention that the information on the 710 Freeway should be offered in the Vietnamese language in terms of foreign community outreach. ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member Low, to approve the contract and authorize the City Manager to execute the agreement with Englander, Knabe&Allen for which the amount shall not exceed$18,750. The motion unanimously carried by the following vote: AYES: Alarcon,Armenta, Clark, Low,Ly C. City Council Representation on Garvey Avenue Specific Plan Ad Hoc Committee Council Member/board Member Ly stated he requested this item be placed on the agenda because of his interest in the Garvey Avenue Master Plan and specifically to make sure the traffic and parking issues are addressed along that corridor. He advised that he spoke to Mayor Alarcon about allowing him to replace the Mayor on the Committee and Mayor Alarcon said he is okay with it. Council Member/Board Member Ly requested that he be the replacement to Mayor Alarcon on the committee. ACTION: Moved by Council Member/Board Member Ly, and seconded by Council Member/Board Member Low,to approve Council Member Ly replace Mayor Alarcon as the representative on the Garvey Avenue Specific.Plan Ad Hoc Committee. The motion unanimously carded by the following vote: AYES: Alarcon,Armenta,Clark, Low, Ly City Attorney suggested Council Comments be moved before recessing to Closed Session. Council concurred. B. CITY COUNCIL COMMENTS Council Member/Board Member Armenta commended staff and the City for organizing the successful Annual Christmas Tree Lighting Ceremony. She wished everyone a happy holiday and New Year. Council Member/Board Member Ly apologized for not attending the Tree Lighting Ceremony explaining he was ill but heard the ceremoney was wonderful. He wished everybody happy holidays. MayorlChair Alarcon expressed his appreciation of the Tree Lighting Ceremony noting the dinner and entertainment was good and the clock tower looked really nice. He wished everyone a Merry Christmas. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 15 of 16 Council Member/Board Member Low thanked staff for their hard work over the past year and wished everyone a happy holiday. 7. CLOSED SESSION City Attorney Richman announced that the City Council will adjourn to closed session to discuss the following items on the agenda: A. Public Employee Performance Evaluation Government Code Section 54957; Council Appointed Officials(City Manager) B. Conference with Real Property Negotiator—Government Code 54956.8; Property Descriptions: 2714-2718 River Avenue, Rosemead City Negotiators Jeff Allred, City Manager Matt Hawkesworth, Assistant City Manager Mark Paulson of Anthony Venti Realtors Negotiating party: River Warehouse LLC Under Negotiation: Price and Terms The City Council reconvened to open session at 9:12 p.m. at which time City Attorney Richman announced the City Council did the performance evaluation of the City Manager and gave him a score of four out of five. 9. ADJOURNMENT There being no further business to come before the Council Mayor Alarcon adjourned the meeting at 9:13 p.m. The next regular City Council meeting is scheduled to take place on January 13, 2015 at 7:00 p.m. in the Rosemead City Hall Council Chamber:The December 23rd meeting has been cancelled due to the upcoming holidays. Carol Cowley, Interim City Clerk APPROVED: ` William Alarcon, Mayor Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of December 09, 2014 Page 16 of 16