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CC - Agenda 07-28-09Public Comment from the Audience • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council . meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead City Council AGENDA July 28, 2009 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 www.cityofrosemead.org Margaret Clark, Mayor Gary Taylor, Mayor Pro Tern Sandra Armenta, Council Member Polly Low, Council Member Steven Ly, Council Member ROSEMEAD CITY COUNCIL AGENDA 28,2009 • CALL TO ORDER - 7:00 PM • PLEDGE OF ALLEGIANCE -Council Member Ly • INVOCATION - Mayor Clark • ROLL CALL- Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly PRESENTATION • National Night Out Proclamation 2. PUBLIC COMMENT FROM THE AUDIENCE 3. CONSENT CALENDAR A. Minutes April 28, 2009 - Regular Meeting May 12, 2009 - Regular Meeting May 26, 2009 - Regular Meeting June 9, 2009 - Special Meeting June 9, 2009 - Regular Meeting June 23, 2009 - Special Meeting B. Claims and Demands Resolution No. 2009.39 Recommendation: Adopt Resolution No. 2009-39, for payment of City expenditures in the amount of $899,974.55 numbered 66753 through 66830. Resolution No. 2009 - 40 Recommendation: Adopt Resolution No. 200940, for payment of City expenditures in the amount of $448,005.01 numbered 100435 through 100458 and 66831 through 66884. C. Ordinance 876 - Second Reading: Municipal Code Amendment 09-01 Amending Density Requirements in the R-1 Zone and Conditional Use Permit Requirements in the R-1 and R-2 Zones On July 14, 2009, the City Council reviewed the proposed Municipal Code Amendment 09- 01, amending Density Requirements in the R-1 Zone and Conditional Use Permit requirements in the R-1 and R-2 zones at the first required public hearing, which resulted in a motion for approval. Ordinance No. 876 is now before Council at the required second reading for adoption. Page 2 of 6 ROSEMEAD CITY COUNCIL AGENDA 2009 Recommendation: That the City Council ADOPT Ordinance No. 876 at its second reading, thereby APPROVING Municipal Code Amendment 09-01. D. Approval of Specifications and Authorization to Solicit Proposals for Janitorial Services for City-Owned Buildings, Facilities and Parks The City of Rosemead currently uses outside contractual services to perform regular janitorial services at its facilities, buildings and parks. Services performed by contract include regular janitorial and maintenance services, carpet cleaning, dust removal, restroom cleaning and solid waste collection within City facilities. Currently, the City contracts with United Maintenance Systems company on a month-to-month basis. If approved, this proposal would enable the City to enter into a fixed cost maintenance contract for a period of three (3) years with and option to extend the contract for two years (2) additional years. Recommendation: That the City Council approve the specifications for janitorial and maintenance services and authorize staff to solicit proposals from the list of qualified janitorial maintenance firms. E. Memorandum of Agreement for the Administration and Cost Sharing of the Coordinated Implementation Plan for the Los Angeles River and Tributary Metals Total Maximum Daily Load (TMDL) The Los Angeles River (LAR) and Tributaries Metals Total Maximum Daily Load (TMDL), adopted by the Los Angeles Regional Water Quality Control Board, requires that watershed cities and agencies (regulated entities) fund a coordinated implementation program. This report outlines the requirement for these efforts, their foreseeable costs, the proposed implementation through a cost sharing agreement, and fiscal management through the San Gabriel Valley Council of Governments (SGVCOG). Recommendation: That the City Council approve the implementation administration and cost sharing Memorandum of Agreement (MOA) with the SGVCOG and authorize the City Manager to execute the MOA. . Interim Standardized Emergency Management System (SEMS) Plan Government Code 8607, the Emergency Services Act, requires each local agency, in order to be eligible for any reimbursement of response-related costs, to adopt and use the Standardized Emergency Management System (SEMS) plan when responding to major emergencies that involve multi-agencies. In addition, a Homeland Security Presidential Directive has ordered the creation of the National Incident Management System (NIMS), which requires cities to adopt NIMS into their SEMS plans. In 2006, City Council adopted a resolution stating the City would implement NIMS into its SEMS plan. Page 3 of 6 ROSEMEAD CITY COUNCIL AGENDA 28, 2009 As Disaster Management Area D is still currently developing the SEMS plan to incorporate NIMS, the City has developed an interim plan to ensure that the requirements of the Emergency Services Act are met. As recommended by the City's Area D Coordinator, The Council will consider adoption of the interim SEMS plan to ensure that the City can meet the minimal requirements to be eligible for emergency response-related reimbursements. Recommendation: That the City Council approve and adopt the interim SEMS plan. 4. MATTERS FROM CITY MANAGER & STAFF A. Park Monterey- Closure Impact Report Big Island Property, LLC (Hawaii Property, Inc.), the owner of the Park Monterey mobile home park located at 7433 Garvey Avenue, submitted a Closure Impact Report (the "Report") to the City of Rosemead on July 21, 2008 to change the use of mobile home spaces (1A, 2A, and 3A) into a parking lot for a future mixed-use development. The Report was presented to the City Council for consideration at its June 23, 2009 meeting. At that time, the City Council directed staff to arrange for an independent appraiser to provide a valuation of Units 1A and 3A (2A is currently owned by the park owner). Once the appraisals were completed, staff was also directed to coordinate a meeting between all affected parties to discuss the results of the appraisals. This information was to be presented to the City Council at its July 14, 2009 meeting. However, at the request of the attorney representing Park Monterey and the attorney representing Spaces 1 A and 3A this item was continued to the City Council's July 28, 2009 meeting to allow each party the time needed to review all the appraisals and to negotiate an acceptable agreement between all parties. The negotiations took place without the City's involvement and information will presented to the City Council verbally by the attorney representing Park Monterey on July 28t". Regardless of this information, it remains imperative that the City Council review the Report and either accept it as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. It is legal counsel and staffs opinion that appropriate mitigation measures have been provided and that no further mitigation measures are recommended given the option of replacement within the same park and payment of moving costs as being reasonable options for relocation, as well as the fact that neither resident requested a hearing on the Report. Recommendation: That the City Council review, accept and file the "Closure Impact Report". Page 4 of 6 ROSEMEAD CITY COUNCIL AGENDA July 28, 2009 B. California Mission Inn Pet Fair on August 29, 2009 On May 5, 2009, staff was informed of an event planned by the California Mission Inn, on behalf of the San Gabriel Valley Humane Society, to be held on August 29, 2009. The event will consist of a 3 mile dog walk, a dog show, and a pet fair that will take place partially on the grounds of the California Mission Inn, 8417 Mission Drive, with a majority of the event taking place within the public rights-of-way and a City park (Sally Tanner Park). All proceeds from the event will benefit the San Gabriel Valley Humane Society, a 501 (c) Non-profit organization, which is in danger of,closing its doors due to a lack of funding. The event will feature celebrity judge Cesar Milan, of National Geographic Channel notoriety, and is expected to draw crowds in excess of 1,000 people. The event will also include live music and food vendors as a part of the pet fair. Based on details provided from California Mission Inn, staff determined that this event will significantly impact the neighborhoods around the facility, especially to residents on adjacent streets. The City has been working with California Mission Inn to help mitigate any potential problems at that may arise from the magnitude of this event. The California Mission Inn has also requested that the City reduce or waive the fees associated with personnel costs and/or overtime associated with providing City services. It is estimated that City and Los Angeles County Sheriff staff time will cost approximately $8,321. , Recommendation: That the City Council: Authorize temporary street closures around the perimeter of the Mission Inn to accommodate the dog walk and show. 2. Provide direction regarding the requested waiver or reduction of fees for City staff support related to this special event. C. State Budget Crisis Impact - Update The Governor and legislative leaders announced late in the evening on July 20th that a deal had been reached to balance the State's $26 billion deficit. Unfortunately, despite lobbying efforts, the proposal includes significant hits to local government. While details are still being finalized, staff has been able to determine that the budget proposal include the following: 1. Utilization of Proposition 1A to borrow Property Tax from local government. The State will borrow 8% of each city's property tax revenue based on actual receipts for the 2008-09 fiscal year. For Rosemead, this equates to a loss of approximately $600,000 from the General Fund. The State is obligated to repay these funds within three years with interest. Page 5 of 6 ROSEMEAD CITY COUNCIL AGENDA 2009 2. The seizure of $1.7 billion in Highway Users Tax (Gas Tax) from local government. This is a proposed two year seizure with $986.6 million in fiscal year 2009-10 and $750 million in fiscal year 2010-11. Staff believes that this equates to a complete taking of all of our 2009-10 Gas Tax of approximately $900,000 and 75% of our 2010-11 Gas Tax. 3. The seizure of $1.35 billion in redevelopment tax increment funds through a straight taking of $350 million and an ERAF shift of $1 billion. Rosemead's portion of the $350 million seizure is approximately $300,000 and approximately $850,000 for the $1 billion ERAF shift. Efforts to gain opposition to the proposed State budget by Legislators in the Assembly and Senate are continuing. Additional details regarding the State budget and its impacts on Rosemead will be communicated to the City Council as they are received. In order to deal with these potential losses work has commenced on contingency plans for additional budget expenditure reductions and new revenue options, particularly along the lines of needed updates to the City's development related fees and business license programs. Recommendation: No City Council action is required at this time. 5. MATTERS FROM MAYOR & CITY COUNCIL 6. ADJOURNMENT The next regular City Council meeting is scheduled to take place on August 11, 2009 at 7:00 p.m. Page 6 of 6