MINUTES OF THE REGULAR MEETING LA MIRADA CITY COUNCIL LA MIRADA, CALIFORNIA APRIL 14, 2009 6:30 P.M. called the meeting to order at 6:30 p.m. in the Council Chambers, La Mirada City Hall, 13700 La Mirada Boulevard, La Mirada, California. City Council was present with Councilmember Garcia, Councilmember Jones, Councilmember Malkin, Mayor Pro Tem Dames and responding to roll call. The following staff members were also present: City Manager Thomas E. Robinson; City Clerk Anne Haraksin; and City Attorney Craig Fox. Mayor Pro Tem Dames led the pledge and the invocation was delivered by Pastor Jack Miranda. APPEARANCES, PRESENTATIONS, AND PROCLAMATIONS I. CERTIFICATE OF RECOGNITION TO SOUTHEAST AREA SOCIAL SERVICES FUNDING AUTHORITY (SASSFA) The Mayor, on behalf of the City Council, presented a Certificate of Recognition to Executive Director Kirk Kain in celebration of SASSFA s 30 th Anniversary. II. PRESENTATION TO THE CITY COUNCIL BY THE AMERICAN RED CROSS The Mayor, on behalf of the City Council, received an appreciation plaque from Executive Director Jim Peterson and Director of Public Support Brittany Oyama of the American Red Cross. III. PROCLAMATION OF APRIL 2009 AS PUBLIC SCHOOLS MONTH The Mayor, on behalf of the City Council, proclaimed April 2009 as Public Schools Month and presented a proclamation to School Board Member Ed Hengler and Superintendant Ginger Shattuck. IV. PROCLAMATION OF APRIL 19, 2009 THROUGH APRIL 25, 2009 AS SAFETY SEAT CHECKUP WEEK The Mayor, on behalf of the City Council, proclaimed April 19, 2009 through April 25, 2009 as Safety Seat Checkup Week and presented a proclamation to Captain Pat Maxwell, Lieutenant Pat Valdez, Sergeant Bob Green, and Deputy Steve Boyer.
V. PROCLAMATION OF APRIL 24, 2009 AS ARBOR DAY IN THE CITY OF LA MIRADA The Mayor, on behalf of the City Council, proclaimed April 24, 2009 as Arbor Day and presented a proclamation to Public Works Director Steve Forster. VI. PROCLAMATION OF APRIL 2009 AS EARTHQUAKE PREPAREDNESS MONTH The Mayor, on behalf of the City Council, proclaimed April 2009 as Earthquake Preparedness Month and presented a proclamation to Administrative Aide Andrew Vialpando. APPOINTMENTS CITY COUNCIL 1. APPOINTMENT TO THE SENIOR COUNCIL DORI JEANINE SOMMERS Councilmember Malkin moved and Mayor Pro Tem Dames seconded to appoint Dori Jeanine Sommers to the Senior Council. REDEVELOPMENT AGENCY AND CITY COUNCIL JOINT PUBLIC HEARING 2. JOINT PUBLIC HEARING FOR CITY COUNCIL AND REDEVELOPMENT AGENCY: SALE OF PROPERTIES LOCATED AT 13320 KILKENNY COURT, UNIT 221; 13215 GAINSWAY COURT, UNIT 179; AND 16520 STONEHAVEN COURT, UNIT 66, LA MIRADA, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 Mayor/Chairman Tripp opened the Public Hearing. City Manager Robinson presented the report. He indicated that the City and Agency are committed to assisting first-time homebuyers purchase a home in La Mirada. The Affordable Home Ownership Program 2
was originally developed in 1989 to assist families achieve homeownership. In 2007, the Agency re-purchased three units from selling participants in order to keep the units in the Affordable Home Ownership Program. A re-sale process has been initiated by the Agency. As required by Health and Safety Code (HSC) Section 33433, a Summary Report on the Purchase and Sale Agreement, Loan Agreement and Escrow Instructions have been prepared for each property, summarizing the significant points of the Agreement and setting forth the details. The City/Agency Attorney has reviewed the proposed Resolutions and the Summary Report as to form and has recommended approval of the property sale pursuant to HSC Section 33433. There were no public testimonies and the Mayor/Chairman closed the Public Hearing. Councilmember/Agency Member Malkin moved and Councilmember/Agency Member Jones seconded to adopt Resolution No. 09-16 consenting to the approval by the Agency for the execution of a Purchase and Sale Agreement, Loan Agreement and Escrow Instructions for the real property located at 13320 Kilkenny Court, Unit 221; 13215 Gainsway Court, Unit 179; and 16520 Stonehaven Court, Unit 66, La Mirada with the AHOP II Participants. Councilmembers/Agency Members Garcia, Jones, Malkin, Mayor Pro Tem/Vice Chaiman Dames, Mayor/Chairman Tripp CITY COUNCIL PUBLIC HEARING 3. FIRST READING OF ORDINANCE NO. 622 AMENDING CHAPTER 21.32 OF TITLE 21 OF THE LA MIRADA MUNICIPAL CODE PROVIDING FOR THE REGULATION OF PROPERTIES LOCATED WITHIN FLOOD PRONE, MUDSLIDE OR FLOOD RELATED EROSION AREAS opened the Public Hearing. City Manager Robinson presented the report. He reported that the Federal Emergency Management Agency is responsible for administering the National Flood Insurance Program, which provides a discounted flood insurance subsidy for owners of property within a flood hazard area. On September 23, 2008, the City Council adopted Urgency Ordinance No. 622-U which established revised development regulations within flood hazard areas that complied with FEMA s guidelines. The urgency action became effective upon adoption and allowed residents and property owners, with property within flood hazard areas, to continue receiving the 3
discounted flood insurance. Staff is proposing to formally adopt the regulations established by Urgency Ordinance No. 622-U. There were no public testimonies and the Mayor closed the Public Hearing. Mayor Pro Tem Dames moved and Councilmember Malkin seconded to introduce for first reading Ordinance No. 622 approving the amendment of Chapter 21.32 of Title 21 of the La Mirada Municipal Code (Zoning Ordinance), by title only, and waive further reading. 4. FIRST READING OF ORDINANCE NO. 627 AMENDING THE FOLLOWING SECTIONS OF TITLE 21, CHAPTER 21.76 OF THE LA MIRADA MUNICIPAL CODE: SECTION 21.76.020, DEFINITIONS; 21.76.050, PROHIBITED SIGNS; AND 21.76.070, NUMBER OF PERMITTED SIGNS AND ALLOWABLE SIGN AREA opened the Public Hearing. City Manager Robinson presented the report. He indicated that since the adoption of a comprehensive Zoning Ordinance update in 2007, staff has made several additional updates to the document. The proposed amendments to Section 21.76.020 will include: a definition of Neon Signs so that there is a clear distinction between this type of signage and other sign media; and a revision to the definition of Sign Area to clarify how the area of a sign is calculated. The proposed amendments to Section 21.76.050, Prohibited Signs will add Neon Signs to the list of prohibited signs. The proposed amendments to Section 21.76.070 will increase the allowed wall area that may be covered with signage from 20% to 35% to allow for appropriate business identification. The proposed amendments will allow for the continued orderly development of the City by refining the sign regulations so that businesses are permitted to have sufficient identification without adversely impacting adjacent properties and the City s aesthetics. There were no public testimonies and the Mayor closed the Public Hearing. Councilmember Jones moved and Mayor Pro Tem Dames seconded to introduce for first reading Ordinance No. 627 approving amendments to Chapter 21.76 of Title 21 of the La Mirada Municipal Code (Zoning Ordinance), by title only, and waive further reading. 4
Items 5, 6 and 7 are in the Redevelopment Agency Agenda. CONSENT CALENDAR ITEMS APPROVED WERE AS FOLLOWS: Consent Calendar items are routine in nature and may be enacted by one motion and roll call vote. City Manager Robinson presented the Consent Calendar for City Council consideration. Councilmember Garcia moved and Mayor Pro Tem Dames seconded to approve the Consent Calendar as follows: 8. MEETING MINUTES The City Council approved the minutes of the regular meeting of March 24, 2009 and the Study Session meeting of April 7, 2009. 9. REJECTION OF CLAIM RICHARD OBERG 10. REJECTION OF CLAIM WILLIAM AND IDA WARRINGTON 11. REJECTION OF CLAIM RICARDO VELASQUEZ 12. REJECTION OF CLAIM MERCURY INSURANCE/SUZANNE ROSALES 13. REJECTION OF CLAIM MERCURY INSURANCE/STEPHANIE M. SOTO- CISNEROS 14. APPROVAL OF LUPUS RACE FOR LIFE 5
The City Council approved the Lupus International Race for Life subject to the conditions recommended by staff. ORDINANCES AND RESOLUTIONS 15. RESOLUTION NO. 09-15 AUTHORIZING THE APPLICATIONS FOR GRANT FUNDING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA PROGRAM AND THE EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM TO FUND PUBLIC SAFETY POSITIONS AND EQUIPMENT City Manager Robinson introduced the item. He reported that on February 17, 2009, the American Recovery and Reinvestment Act of 2009 was signed into law. As one of its elements, the U.S. Department of Justice is seeking applications for funding. As part of the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program, the DOJ s Bureau of Justice Statistics has allocated $55,152 to the City of La Mirada. City staff is recommending the allocated funding be used to purchase the Automatic License Plate Recognition System (ALPRS), one camera to affix to a patrol vehicle and one to place at a selected intersection. Staff is also recommending the City apply for funding through the Edward Byrne Memorial Competitive Grant Program to fund two Probation Officers, two Public Safety Assistants and one Deputy District Attorney. Councilmember Malkin moved and Councilmember Jones seconded to adopt Resolution No. 09-15 authorizing the City Manager to submit applications for the Edward Byrne Memorial Justice Assistance Grant Formula Program and the Edward Byrne Memorial Competitive Grant Program to fund Public Safety positions and equipment. 6
NEW BUSINESS 16. LA MIRADA CREEK PARK COMMUNICATION SITE LEASE AGREEMENT, AMENDMENT NO. 1 City Manager Robinson introduced the item. He reported that on January 17, 2008, Verizon Wireless requested and was granted Conditional Use Permit No. 272 to increase the leased area of an existing wireless telecommunication facility located within La Mirada Creek Park. The increased area allowed for the installation of an emergency diesel generator. To compensate the City for the increased area, the monthly rent will increase from $919.00 to $1,128, an increase of $209. Effective September 2009, the base monthly lease payment will be $1,230.00 and the existing lease provision for a 7 percent annual increase from the prior year s lease payment will remain in effect. This lease agreement will expire in 2019. Mayor Pro Tem Dames moved and Councilmember Garcia seconded to accept the terms of the lease amendment amending the La Mirada Creek Park Communications Site Lease Agreement and authorized the Mayor to execute the lease amendment on behalf of the City Council. WARRANTS AND DEMANDS Councilmember Jones moved and Mayor Pro Tem Dames seconded to approve the warrant register dated April 14, 2009 in the total amount of $942,836.26. PUBLIC COMMENT. 7
ADJOURNMENT There being no further business to come before the Council, Mayor Malkin adjourned the meeting at 7:23 p.m. Attest: Anne Haraksin, City Clerk Susan Tripp, Mayor 8